In R1 or R2 Districts, the Board of Standards and Appeals may permit outdoor racket courts or outdoor skating rinks listed under Use Group I, provided that the Board finds that such use is so located as not to impair the character of the surrounding area or its future development as a neighborhood of single-family residences.

The Board shall prescribe the following conditions:

1. that such use and any accessory facilities affixed to the land are not located closer than 20 feet to any lot line; and
2. that all lighting is directed away from nearby zoning lots containing residences.

The Board may prescribe additional appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including requirements for screening or for landscaping.

In all districts, the Board of Standards and Appeals may permit the extraction of sand, gravel, or clay listed under Use Group I from a zoning lot which is limited in size to a maximum of 50 acres and which is located not less than 1,000 feet from the nearest boundary of any zoning lot 10 acres or more in area used for such extraction, provided that the Board finds that such use is so located as not to impair the essential character or the future use or development of the surrounding area, and provided that the following conditions are met:

1. that the applicant submits a site plan showing the proposed extent and depth of the area to be excavated, together with the certification of the Department of Buildings that the proposed method of operations and the final elevation of the pit will not undermine or cause settlement to nearby streets, sewers, buildings or other structures, or installations;
2. that the applicant submits a plan for the rehabilitation of the zoning lot to be undertaken after the completion of the excavation operations which is satisfactory to the Board, and posts a bond, in an amount to be determined by the Board, for the performance of such rehabilitation;
3. that the entire perimeter of the zoning lot, except for necessary truck roads, is fenced, including locked gates, so as to prevent children from gaining access to the excavated areas;
4. that one accessory off-street parking space is provided for every 2,000 square feet of lot area or for every three employees, whichever shall require a lesser number of spaces;
5. that the performance standards for M1 Districts shall apply to such operations in all districts other than M2 or M3 Districts, where the applicable performance standards shall govern;
6. that all drilling, blasting, or excavation operations shall be limited to Mondays through Fridays between the hours of 8:00 a.m. and 5:00 p.m.;
7. that the emission of process dust either from the area of operations or from the excavated materials themselves shall be minimized by frequent watering or by such other means as the Board shall direct;
8. that the warning notices respecting unlawful entry shall be posted on the fence, and that a watchman shall be stationed on the premises to police the entire area after normal working hours and on weekends and holidays; and
9. that excavation operations shall be undertaken in such manner as to avoid the creation of undrained pockets and the formation of stagnant pools. When topographical conditions make such compliance impossible, all pools of water resulting from surface drainage shall be sprayed in accordance with the requirements of the Department of Health to eliminate breeding places for mosquitoes or other insects.

The Board may prescribe additional appropriate conditions and safeguards to protect the public health, safety and general welfare during the period between the cessation of operations and the final rehabilitation of the site in accordance with approved plans.

The Board of Standards and Appeals may permit college or school student dormitories or fraternity or sorority student houses listed under Use Group III(A) in R1 or R2 Districts, provided that the following findings are made:

1. that such use does not exceed the maximum floor area ratio for residential use as set forth in Section 23-14 (Open Space and Floor Area Regulations in R1 Through R5 Districts);
2. that the amount of open space and its distribution on the zoning lot conform to standards appropriate to the character of the neighborhood;
3. that, notwithstanding the provisions of Section 25-33 (Waiver of Requirements for Spaces Below Minimum Number), at least one accessory off-street parking space is provided for each six beds; and
4. that such use conforms to all the other applicable Off-street Parking Regulations as set forth in Article II, Chapter 5.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

The Board of Standards and Appeals may permit colleges or universities including professional schools, but excluding business colleges or trade schools, as listed under Use Group III(B), in R1 or R2 Districts, provided that the following findings are made:

1. that such use is so located as not to impair the character of the surrounding area or its future development as a neighborhood of single-family residences; and
2. that such use is so located as to draw a minimum of vehicular traffic to and through local streets.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In C8 or M1 Districts, the Board of Standards and Appeals may permit schools which have no residential accommodations except accessory accommodations for a caretaker, as listed under Use Group III(B), provided that the following findings are made:

1. that within the neighborhood to be served by the proposed school there is no practical possibility of obtaining a site of adequate size located in a district wherein it is permitted as of right, because appropriate sites in such districts are occupied by substantial improvements;
2. that such school is located not more than 400 feet from the boundary of a district wherein such school is permitted as-of-right;
3. that an adequate separation from noise, traffic and other adverse effects of the surrounding non-Residential Districts is achieved through the use of sound-attenuating exterior wall and window construction or by the provision of adequate open areas along lot lines of the zoning lot; and
4. that the movement of traffic through the street on which the school is located can be controlled so as to protect children going to and from the school. The Board shall refer the application to the Department of Traffic for its report with respect to vehicular hazards to the safety of children within the block and in the immediate vicinity of the proposed site.

The Board may prescribe additional appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In R3-1, R3A, R3X, R4-1, R4A or R4B Districts, the Board of Standards and Appeals may permit ambulatory diagnostic or treatment health care facilities listed under Use Group III(B), limited in each case to a maximum of 10,000 square feet of floor area, provided that the Board finds that:

1. outside of lower density growth management areas, the amount of open area and its distribution on the zoning lot conform to standards appropriate to the character of the neighborhood; or
2. in lower density growth management areas, such facilities are located on zoning lots that comply with the minimum lot area and lot width regulations of Section 23-35 (Special Provisions for Zoning Lots Containing Certain Community Facility Uses in Lower Density Growth Management Areas). 

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

The Board of Standards and Appeals may permit non-commercial clubs, except swimming pool clubs or clubs with swimming pools located less than 500 feet from any lot line, as listed under Use Group III(B), in R1 or R2 Districts, provided that the following findings are made:

1. that such use is so located as not to impair the character of the surrounding area or its future development as a neighborhood of single-family residences;
2. that such use is so located as to draw a minimum of vehicular traffic to and through local streets;
3. that such use complies with the minimum required open space ratio and maximum floor area ratio for residential use as set forth in Section 23-14 (Open Space and Floor Area Regulations in R1 Through R5 Districts);
4. that not more than half the open space provided is occupied by driveways, private streets, open accessory off-street parking spaces or active outdoor recreation facilities; and
5. that the amount of open space provided and its distribution on the zoning lot conform to standards appropriate to the character of the neighborhood.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including requirements for shielding of floodlights, screening or landscaping.

The Board of Standards and Appeals may permit welfare centers listed under Use Group III(B) in R1 or R2 Districts, provided that the following findings are made:

1. that such use is so located as not to impair the character of the surrounding area or its future development as a neighborhood of single-family residences; and
2. that such use is conveniently accessible to the people it serves.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In all districts, the Board of Standards and Appeals may permit non-accessory radio or television towers listed under Use Group IV(B), provided that it finds that the proposed location, design, and method of operation of such tower will not have a detrimental effect on the privacy, quiet, light and air of the neighborhood.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In all Residence Districts, the Board of Standards and Appeals may permit telephone exchanges or other communications equipment structures listed under Use Group IV(B), provided that the Board finds that:

1. such use will serve the residential area within which it is proposed to be located; and
2. there are serious difficulties in locating it in a district wherein it is permitted as of right and from which it could serve the residential area, which make it necessary to locate such use within a Residence District.

The Board may prescribe appropriate conditions or safeguards to minimize adverse effects on the character of the surrounding area, including requirements that such use shall be landscaped.

The Board of Standards and Appeals may permit electric or gas utility substations listed under Use Group IV(B) pursuant to either paragraph (a) or (b) of this Section, as applicable.

1. In all Residence Districts, the Board may permit electric or gas utility substations, limited in each case to a site of between 4,500 square feet and not more than 10,000 square feet, provided that the Board finds that:
   1. such use will serve the residential area within which it is proposed to be located; and
   2. there are serious difficulties in locating it in a district wherein it is permitted as of right and from which it could serve the residential area, which make it necessary to locate such use within a Residence District.

The Board may prescribe appropriate conditions or safeguards to minimize adverse effects on the character of the surrounding area, including requirements that such substations shall be landscaped and surrounded with fences, barriers, or other safety devices; and that electric utility substations shall meet the performance standards for an M1 District.

1. In all Residence and Commercial Districts, and in M1 Districts in the Special Downtown Jamaica District, the Board may permit electric utility substations (including transformers, switches, or auxiliary apparatus), limited in each case to a site of between 10,000 square feet and not more than 40,000 square feet, provided that the Board finds that:
   1. such use will serve either the residential community within which it is proposed to be located or the residential community immediately adjacent, and that there are serious difficulties in locating such use in a nearby district where it is permitted as-of-right;
   2. the site for such use is so located in Residence Districts as to minimize the adverse effects on the integrity of existing and future development, or is so located in Commercial Districts as to minimize the interruption of the continuity of retail frontage;
   3. the architectural and landscaping treatment of such use will blend harmoniously with the rest of the area; and
   4. such use will conform to the performance standards applicable to M1 Districts.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including requirements for soundproofing, for the construction of fences, barriers, or other safety devices, for screening of apparatus, or for landscaping.

In all Residence Districts, the Board of Standards and Appeals may permit public utility stations for oil or gas metering or regulating, or terminal facilities located at river crossings for access to electric, gas or steam lines, as listed under Use Group IV(B), provided that the Board finds that the proposed location, design and method of operation will not have a detrimental effect on the privacy and quiet of the neighborhood and the safety of its inhabitants.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including requirements for construction of fences, barriers or other safety devices, or for landscaping.

In all Residence Districts, the Board of Standards and Appeals may permit potable water pumping stations listed under Use Group IV(B), on sites with a minimum lot area of at least 4,500 square feet, provided that the Board finds that:

1. such use will serve the residential area within which it is proposed to be located; and
2. there are serious difficulties in locating such use in a district where it is permitted as of right and from which it could serve the residential area, that make it necessary to locate such use within a Residence District.

The Board may prescribe appropriate conditions or safeguards to minimize adverse effects on the character of the surrounding area, including requirements that such pumping stations shall be landscaped and surrounded with fences, barriers, or other safety devices.

In all Residence and Commercial Districts, and in M1 Districts in the Special Downtown Jamaica District, the Board of Standards and Appeals may permit public transit or railroad electric substations listed under Use Group IV(B), limited in each case to a site of between 4,500 and not more than 40,000 square feet, and a minimum frontage of 50 feet, provided that the following findings are made:

1. that such use will serve either the residential community within which it is proposed to be located or the residential community immediately adjacent, and that there are serious difficulties in locating such use in a nearby district where it is permitted as-of-right;
2. that the site for such use is so located in Residence Districts as to minimize the adverse effects on the integrity of existing and future development, or is so located in Commercial Districts as to minimize the interruption of the continuity of retail frontage;
3. that the architectural and landscaping treatment of such use will blend harmoniously with the rest of the area; and
4. that such use will conform to the performance standards applicable to M1 Districts.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including requirements for soundproofing, for the construction of fences, barriers, or other safety devices, for screening of apparatus, or for landscaping.

In all Residence Districts, the Board of Standards and Appeals may permit energy infrastructure equipment listed under Use Group IV(C), without size restriction, provided that the Board finds that:

1. such use will serve the residential area within which it is proposed to be located; and
2. there are serious difficulties in locating it in a district wherein it is permitted as of right and from which it could serve the residential area, which make it necessary to locate such use within a Residence District.

The Board may prescribe appropriate conditions or safeguards to minimize adverse effects on the character of the surrounding area, including requirements that such use shall be landscaped.

In all Residence Districts, and in C1, C2 or C3 Districts, the Board of Standards and Appeals may permit overnight camps, whether commercial or philanthropic, as listed under Use Group V, provided that the Board finds that such use will not cause excessive traffic congestion.

The Board shall prescribe the following conditions:

1. that a minimum of 150 square feet of lot area is provided for each child enrolled in the camp;
2. that along any rear or side lot lines, yards are provided, each with a minimum depth (or width) of 40 feet, within which no camp equipment is affixed to the land; and
3. that in Residence Districts or C3 Districts the zoning lot is screened along the rear and side lot lines, and in C1 or C2 Districts along any rear or side lot line adjoining a Residence District, by a strip at least four feet wide, densely planted with shrubs or trees which are at least four feet high at the time of planting and which are of a type which may be expected to form a year-round dense screen at least six feet high within three years.

The Board may prescribe additional appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In all Commercial Districts and Manufacturing Districts, the Board of Standards and Appeals may permit modifications to uses listed under Use Group VI, as set forth in Sections 32-16 and 42-16 (Use Group VI – Retail and Services), pursuant to paragraph (a) of this Section, provided that the findings in paragraph (b) are met.

1. For uses listed under Use Group VI, other than those uses for which another permit exists pursuant to Section 73-16, inclusive, the Board may permit:
   1. modifications to a size limitation, denoted in the Use Group table with an “S”, provided that the increase does not exceed 200 percent of the amount set forth in Use Group VI;
   2. modifications to supplementary use regulations, including enclosure and location within buildings provisions; or
   3. modifications to additional conditions, denoted in the Use Group table with a “P”, including environmental standards, geographic limitations, or other measures.
2. In order to grant such permit, the Board shall find that:
   1. such use will not impair the character or the future use or development of the surrounding area;
   2. such use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow; and
   3. the modifications are necessary to support the operation of such use; and

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In C1 Districts that are not select commercial overlays, in all other Commercial Districts and in Manufacturing Districts, the Board of Standards and Appeals may permit modifications to the underlying regulations for eating or drinking establishments listed under Use Group VI set forth in Sections 32-16 and 42-16 (Use Group VI – Retail and Services), pursuant to paragraph (a) of this Section, provided that the findings in paragraph (b) are met.

1. For eating or drinking establishments, the Board may permit:
   1. modifications to a size limitation, denoted in the Use Group table with an “S”, provided that the increase does not exceed 200 percent of the amount set forth in Use Group VI;
   2. modifications to supplementary use regulations, including enclosure and location within buildings provisions; or
   3. modifications to additional conditions, denoted in the Use Group table with a “P”, including environmental standards, geographic limitations, or other measures.
2. In order to grant such permit, the Board shall find that:
   1. such use will not cause undue vehicular or pedestrian congestion in local streets and that due consideration is given to the size and location of entrances and enclosed lobby areas;
   2. such use will not impair the character or the future use or development of the surrounding residential or mixed use neighborhoods;
   3. such use will not cause the sound level in any affected conforming residential use, joint living-work quarters for artists or loft dwelling to exceed the limits set forth in any applicable provision of the New York City Noise Control Code;
   4. the modifications are necessary to support the operation of such use; and
   5. the application is made jointly by the owner of the building and the operator of such eating or drinking establishment.

The Board shall prescribe appropriate controls to minimize adverse effects on the character of the surrounding area, including, but not limited to, location of entrances and operable windows, provision of sound-lock vestibules, specification of acoustical insulation, maximum size of establishment, kinds of amplification of musical instruments or voices, shielding of flood lights, adequate screening, curb cuts or parking.

In C2 Districts, and C4 though C7 Districts, the Board of Standards and Appeals may permit automotive service stations listed under Use Group VI and, in those districts and C8 Districts, may permit modification to the accessory sign regulations for such use, provided that the following findings are made:

1. that such use will not impair the character or the future use or development of the surrounding area and will cause minimal interruption to the continuity of surrounding retail frontages;
2. that such use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow;
3. that the site for such use which is not located on an arterial highway or a major street has a maximum area of 15,000 square feet;
4. that any facilities for lubrication, minor repairs or washing are located within a completely enclosed building;
5. that the site is so designed as to provide, at maximum expected operation, reservoir space for five waiting automobiles within the zoning lot in addition to spaces available within an enclosed lubritorium or at the pumps;
6. that entrances and exits are so planned that, at maximum expected operation, vehicular movement into or from the automotive service station will cause a minimum of obstruction on streets or sidewalks;
7. that, along any rear lot line or side lot line adjoining a Residence District, the zoning lot is screened as the Board may prescribe, by either of the following methods:
   1. a strip at least four feet wide, densely planted with shrubs or trees at least four feet high at the time of planting and which are of a type which may be expected to form a year-round dense screen at least six feet high within three years; or
   2. a wall or barrier or uniformly painted fence of fire-resistant material at least six feet high, but not more than eight feet above finished grade. Such wall, barrier, or fence may be opaque or perforated, provided that not more than 50 percent of its face is open; and
8. that the modifications to accessory sign regulations are necessary for adequate advance identification of such automotive service station to motorists on heavily traveled streets in the interests of traffic safety. In no event shall such signs project across a street line more than four feet and modification to the surface area of signs shall be limited to C1 and C2 Districts and a maximum surface area of 150 square feet. 

The Board may prescribe additional appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, and to protect residential zoning lots which are adjoining or across the street.

In C2 Districts, and C4 though C7 Districts, the Board of Standards and Appeals may permit light motor vehicle repair and maintenance shops listed under Use Group VI, provided that the following findings are made: 

1. such use will not impair the character or the future use or development of the surrounding area. In order to make such finding the Board shall consider the presence and concentration of existing light motor vehicle repair and maintenance shops within 500 feet of the proposed use and whether any increase in concentration would have impacts on the surrounding area;
2. such use will cause minimal interruption to, and will not be incompatible with, the continuity of surrounding retail frontages;
3. such use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow;
4. any facilities used for repair or maintenance are located within a completely enclosed building; and
5. entrances and exits are so planned that, at maximum expected operation, vehicular movement into or from the use will cause a minimum of obstruction on streets or sidewalks.

The Board may prescribe additional appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In all Residence Districts in the flood zone, for buildings containing residential uses, the Board of Standards and Appeals may permit offices listed under Use Group VII, provided that the conditions of paragraph (a) of this Section, and the findings of paragraph (b) of this Section are met:

1. Conditions
   
   All applications shall be subject to the following conditions:
   1. the building complies with flood-resistant construction standards;
   2. the office use is located on the lowest story above grade within the building;
   3. access to such office use is from a separate entrance than that serving the residential portion of the building;
   4. the floor area associated with such office use shall be considered as community facility use for the purposes of determining compliance with the applicable district floor area ratio regulations, and amount of floor area attributed to such office use shall not exceed 10,000 square feet;
   5. the office use complies with the accessory off-street parking regulations for ambulatory diagnostic or treatment health care facilities listed under Use Group III(B), in accordance with Article II, Chapter 5 (Accessory Off-Street Parking and Loading Regulations); and
   6. such office use complies with accessory signs regulations for buildings containing residences, as set forth in Section 22-32 (Permitted Non-Illuminated Accessory Signs).
2. Findings
   
   In order to grant the special permit, the Board shall find that:
   1. such office use will generate a minimum of vehicular traffic to and through local streets and will not create traffic congestion;
   2. such office use will not produce objectionable effects; and
   3. such office use will not alter the essential character of the neighborhood in which the building is located.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In C1 or C2 Districts that are not select commercial overlays, in all other Commercial Districts and in Manufacturing Districts, the Board of Standards and Appeals may permit modifications to uses listed under Use Group VIII, as set forth in Sections 32-18 and 42-18 (Use Group VIII – Recreation, Entertainment and Assembly Spaces), pursuant to paragraph (a) of this Section, provided that the findings in paragraph (b) are met.

1. For uses listed under Use Group VIII, other than those uses for which another permit exists pursuant to Section 73-18, inclusive, the Board may permit:
   1. modifications to a size limitation, denoted in the Use Group table with an “S”, provided that the increase does not exceed 200 percent of the amount set forth in Use Group VIII;
   2. modifications to supplementary use regulations, including enclosure and location within buildings provisions; or
   3. modifications to additional conditions, denoted in the Use Group table with a “P”, including environmental standards, geographic limitations, or other measures.
2. In order to grant such permit, the Board shall find that:
   1. such use will not impair the character or the future use or development of the surrounding area;
   2. such use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow; and
   3. the modifications are necessary to support the operation of such use.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In C3 Districts, the Board of Standards and Appeals may permit water-oriented outdoor amusement and recreation facilities listed under Use Group VIII, provided that the following findings are met:

1. such use will not impair the character or the future use or development of the surrounding area and will cause minimal interruption to the continuity of surrounding residential or retail frontages, as applicable;
2. such use and any accessory facilities affixed to the land is adequately separated from any lot line; and
3. that, along any rear lot line or side lot line adjoining a Residence District, the zoning lot is screened as the Board may prescribe, by either of the following methods:
   1. a strip at least four feet wide, densely planted with shrubs or trees at least four feet high at the time of planting and which are of a type which may be expected to form a year-round dense screen at least six feet high within three years; or
   2. a wall or barrier or uniformly painted fence of fire-resistant material at least six feet high, but not more than eight feet above finished grade. Such wall, barrier, or fence may be opaque or perforated, provided that not more than 50 percent of its face is open.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In C7, C8 or M1 Districts, the Board of Standards and Appeals may permit outdoor amusement parks listed in Use Group VIII that exceed a lot area of 10,000 square feet, provided that the following findings are met:  

1. such use will not impair the character or the future use or development of the surrounding area;
2. such use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow; and
3. such use is adequately separated from surrounding residential areas.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In all Residence Districts, and in C1, C2 or C3 Districts, the Board of Standards and Appeals may permit outdoor day camps, whether commercial or philanthropic, as listed under Use Group VIII, provided that the Board finds that such use will not cause excessive traffic congestion.

The Board shall prescribe the following conditions:

1. that a minimum of 150 square feet of lot area is provided for each child enrolled in the camp;
2. that along any rear or side lot lines, yards are provided, each with a minimum depth (or width) of 40 feet, within which no camp equipment is affixed to the land;
3. that in Residence Districts or C3 Districts the zoning lot is screened along the rear and side lot lines, and in C1 or C2 Districts along any rear or side lot line adjoining a Residence District, by a strip at least four feet wide, densely planted with shrubs or trees which are at least four feet high at the time of planting and which are of a type which may be expected to form a year-round dense screen at least six feet high within three years; and
4. that for each 6,000 square feet of lot area, one accessory off-street parking space of 500 square feet is provided to accommodate buses used in the transportation of campers, in addition to the accessory off-street parking requirement established for such uses under the applicable provisions of Sections 25-31 or 36-21 (General Provisions).

The Board may prescribe additional appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In all Residence Districts, and in C1 through C7 Districts, the Board of Standards and Appeals may permit riding academies or stables operated as a recreation service, as listed under Use Group VIII, provided that the following findings are met:

1. that such use is so located as not to impair the essential character of the surrounding area;
2. that adequate horseback riding facilities are available on the same zoning lot or within 600 feet of such zoning lot;
3. that the location and operation of such use will not be such as to result in any serious traffic hazards or conflicts on nearby streets; and
4. that in Residence Districts, no stables or riding areas are located within 40 feet of any side or rear lot line.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including requirements for sanitation, for screening, or for landscaping.

In C1 or C2 Districts located outside of the Borough of Manhattan that are select commercial overlays, the Board of Standards and Appeals may permit micro-distribution facilities, as listed under Use Group IX(A), as set forth in Section 32-19 (Use Group IX - Storage), with a size limit of 5,000 square feet of floor area per establishment, and in other C1 or C2 Districts, as well as C4 through C7 Districts, the Board may permit modifications to a size limitation for micro-distribution facilities, denoted in the Use Group table with an “S”, provided that the increase does not exceed 200 percent of the amount set forth in paragraph (c) of Section 32-193 (Use Group IX – uses subject to size limitations).

In order to grant such permit, the Board shall find that:

1. such use will not impair the character or the future use or development of the surrounding area. In order to make such finding in locations where the use is being permitted, the Board shall consider the presence and concentration of existing micro-distribution facilities within 500 feet of the proposed use and whether any increase in concentration would have impacts on the surrounding area;
2. such use will cause minimal interruption to, and will not be incompatible with, the continuity of surrounding retail frontages;
3. such use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow; and
4. the modifications are necessary to support the operation of such use.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In all Commercial Districts and Manufacturing Districts, the Board of Standards and Appeals may permit modifications to uses listed under Use Group X, as set forth in Sections 32-20 and 42-20 (Use Group X – Production Uses), pursuant to paragraph (a) of this Section, provided that the findings in paragraph (b) are met.

1. For uses listed under Use Group X, other than those uses for which another permit exists pursuant to Section 73-21, inclusive, the Board may permit:
   1. modifications to a size limitation, denoted in the Use Group table with an “S”, provided that the increase does not exceed 200 percent of the amount set forth in Use Group X;
   2. modifications to supplementary use regulations, including enclosure and location within buildings provisions; or
   3. modifications to additional conditions, denoted in the Use Group table with a “P”, including environmental standards, geographic limitations, or other measures.
2. In order to grant such permit, the Board shall find that:
   1. such use will not impair the character or the future use or development of the surrounding area;
   2. such use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow; and
   3. the modifications are necessary to support the operation of such use.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In C1 through C7 Districts, the Board of Standards and Appeals may permit modification to the applicable enclosure regulations to allow accessory drive-through facilities serving a use listed under Use Group VI, as set forth in Section 32-16 (Use Group VI – Retail and Services), provided that the following findings are met:

1. the drive-through facility contains reservoir space within the zoning lot,:
   1. for not less than 10 automobiles where serving an eating or drinking establishment; or
   2. at a sufficient capacity for waiting automobiles, at maximum expected operation, where serving all other uses;
2. the drive-through facility will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow;
3. the character of the Commercial District street frontage within 500 feet of the subject premises reflects substantial orientation toward the motor vehicle, based upon the level of motor vehicle generation attributable to the existing uses contained within such area and to the subject use;
4. the drive-through facility shall not have an undue adverse impact on residences within the immediate vicinity of the subject premises. In order to make such finding the Board shall consider both the air quality impact of idling vehicles and the illumination from headlights on adjacent residential uses; and
5. there will be adequate buffering and screening between the drive-through facility and adjacent residential uses. Screening shall consist of densely planted vegetation and may additionally include walls, barriers or fences.

The Board may prescribe additional appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In all districts, the Board of Standards and Appeals may permit a waiver of, or a reduction in, the number of required accessory off-street parking spaces for houses of worship, provided:

(a)        the house of worship will be operated or utilized in such a manner as to reduce demand for on-site parking; and

(b)        such reduction is commensurate with the reduced demand for on-site parking.

Factors to be considered by the Board may include, without limitation, the size of the congregation, the frequency and time of worship services and other events, and the proximity of public transportation. The Board may impose appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In all Commercial and Manufacturing Districts, the Board of Standards and Appeals may permit a reduction in the number of accessory off-street parking spaces required under the provisions of Sections 25-31, 36-21 or 44-21 (General Provisions) for uses in parking requirement category B1 whenever such uses are located on the same zoning lot as other uses, proportionate to the extent that the Board finds:

1. that the spaces accessory to such other uses will remain available for use by persons visiting the place of assembly during the entire period that such place of assembly remains in use; and
2. that, in accordance with submitted schedules of the times of operation for all uses on the zoning lot, there will be no conflict in the use of such accessory off-street parking spaces, and that the provision of the full quota of required off-street parking spaces for places of assembly is therefore not needed. The permit to reduce such spaces shall be automatically revoked whenever there is a change in the nature of the conditions upon which such reduced requirements were based, including changes in use, availability of spaces or hours of operation.

For zoning lots within the Transit Zone with buildings containing income-restricted housing units in receipt of a certificate of occupancy prior to March 22, 2016, the Board of Standards and Appeals may permit a waiver of, or a reduction in, the number of accessory off-street parking spaces required for such income-restricted housing units prior to March 22, 2016, provided that the Board finds that such waiver or reduction will:

(a)        facilitate an improved site plan;

(b)        facilitate the creation or preservation of affordable housing, where a development includes new residential floor area on the zoning lot;

(c)        not cause traffic congestion; and

(d)        not have undue adverse effects on residents, businesses or community facilities in the surrounding area, as applicable, including the availability of parking spaces for such uses.

Factors to be considered by the Board may include, without limitation, the use of the existing parking spaces by residents of the zoning lot, the availability of parking in the surrounding area and the proximity of public transportation. The Board may impose appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

For zoning lots outside the Transit Zone with buildings containing affordable independent residences for seniors in receipt of a certificate of occupancy prior to March 22, 2016, the Board of Standards and Appeals may permit a reduction in the number of accessory off-street parking spaces required for such affordable independent residences for seniors prior to March 22, 2016, provided that the Board finds that:

(a)        such reduction will facilitate an improved site plan;

(b)        any new dwelling units created on the portion of the zoning lot previously occupied by such parking spaces will be income-restricted housing units;

(c)        such reduction will not cause traffic congestion; and

(d)        such reduction will not have undue adverse effects on residents, businesses or community facilities in the surrounding area, as applicable, including the availability of parking spaces for such uses.

Any permitted reduction shall be in compliance with the parking requirement for affordable independent residences for seniors developed after March 22, 2016, as set forth in Section 25-252.

Factors to be considered by the Board may include, without limitation, the use of the existing parking spaces by residents of the zoning lot, the availability of parking in the surrounding area and the proximity to public transportation. The Board may impose appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In all districts in the Transit Zone, the Board of Standards and Appeals may permit a waiver of, or reduction in, the number of required accessory off-street parking spaces required for government-assisted dwelling units subject to restrictions on rents in developments or enlargements, provided that the conditions and findings set forth in this Section are met.

As a condition for such waiver or reduction, at least 20 percent of all dwelling units in such development or enlarged building shall be income-restricted housing units, and an additional 30 percent of all dwelling units in such development or enlarged building shall be subject to a legally binding restriction limiting rents as prescribed by a City, State, or Federal agency, law, regulation, or regulatory agreement, for a period of not less than 30 years.

In order to grant such permit, the Board shall find that such waiver or reduction will:

(a)        facilitate such development or enlargement;

(b)        not cause traffic congestion; and

(c)        not have undue adverse effects on residents, businesses or community facilities in the surrounding area, as applicable, including the availability of parking spaces for such uses.

The Board may impose appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

The Board of Standards and Appeals may permit off-site spaces accessory to residences or to non-profit hospital staff dwellings to be located in any district except an R1 or R2 District, or at a greater distance from the zoning lot than the maximum distance specified in the applicable district regulations, provided that the following special findings are made:

(a)        that the required accessory on-street parking spaces cannot reasonably be provided on the zoning lot because of physical conditions including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions;

(b)        that within the maximum permitted radius for off-site parking or within a district other than a Residence District, there is substantial difficulty in obtaining a site of sufficient size to accommodate the required accessory off-street parking spaces because such sites are occupied by substantial improvements;

(c)        that where such spaces are located at a greater distance from the zoning lot than the maximum distance permitted by the district regulations, such distance is not greater than as shown in the following table for the specified districts; and

(d)        that where such off-site spaces are located in a Residence District, they are so located as not to impair the essential character or the future use or development of the nearby residential neighborhood.

The Board of Standards and Appeals may permit off-street parking spaces accessory to a community facility use other than a non-profit hospital staff dwelling, which use is located in an R1, R2, R3 or R4 District, to be provided off-site and located in any district, or may permit off-street parking spaces accessory to a community facility use other than a non-profit hospital staff dwelling, which use is located in any other Residence District, to be provided off-site and located in an R1, R2, R3 or R4 District or located in any other Residence District at a greater distance from the zoning lot than the maximum distance specified in Section 25-53 (Off-site Spaces for Permitted Non-residential Uses), provided that in such instances, all such spaces shall be not further than 600 feet from the nearest boundary of the zoning lot containing such use, and provided further that the following special findings are made:

(a)        that where such spaces are located in an R1 or R2 District, the community facility use to which they are accessory is a use permitted as-of-right in such district;

(b)        that there is no way to arrange such spaces on the same zoning lot as such use;

(c)        that such spaces are so located as to draw a minimum of vehicular traffic to and through streets having predominantly residential frontage; and

(d)        either that such spaces are located on an adjoining zoning lot or a zoning lot directly across the street from such use or, if such spaces are not so located, that there is substantial difficulty in obtaining a site of sufficient size to accommodate the required accessory off-street parking spaces on an adjoining zoning lot or a zoning lot directly across the street from such use or in a location where such off-site spaces would be permitted as-of-right, because such sites are occupied by substantial improvements.

For non-residential uses, other than non-profit hospital staff dwellings, the Board of Standards and Appeals may extend the maximum permitted radius for off-site parking spaces located in Commercial or Manufacturing Districts, as specified in Sections 25-53 (Off-site Spaces for Permitted Non-residential Uses), 36-43 (Off-site Spaces for Commercial or Community Facility Uses) or 44-32 (Off-site Spaces for All Permitted Uses), from 600 to 1,200 feet, whenever the Board finds:

(a)        that the required accessory off-street parking spaces cannot reasonably be provided on the zoning lot because of physical conditions including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions; and

(b)        that, within 600 feet of a boundary of the zoning lot, there is substantial difficulty in obtaining a site of sufficient size to accommodate the required accessory off-street parking spaces because such sites are occupied by substantial improvements.

The Board of Standards and Appeals may modify, as applicable, the provisions of Sections 25-53 (Off-site Spaces for Permitted Non-residential Uses), 25-542 (Shared parking facilities for houses of worship), 36-43 (Off-site Spaces for Commercial or Community Facility Uses), 36-442 (Shared parking facilities for houses of worship), 44-32 (Off-site Spaces for All Permitted Uses) or 44-332 (Shared facilities for houses of worship), relating to the maximum permitted distance of the location of accessory off-street parking spaces for houses of worship, provided that in such instances all such spaces shall be not further than 1,000 feet from the nearest boundary of the zoning lot containing such house of worship, upon finding that:

(a)        such spaces conform to all applicable regulations of the district in which they are located; and

(b)        the location of such spaces will not result in undue traffic congestion in the area.

The Board may impose appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

The Board of Standards and Appeals may permit accessory group parking facilities with more than 150 spaces for hospitals and related facilities listed under Use Group III(B) in all Residence Districts, provided that the following findings are made:

1. that such facility is so located as to draw a minimum of vehicular traffic to and through local streets in residential areas;
2. that such facility has adequate reservoir space at the vehicular entrance to accommodate either 10 automobiles or five percent of the total parking spaces provided by the facility, whichever amount is greater, but in no event shall such reservoir space be required for more than 20 automobiles; and
3. that the streets providing access to such use will be adequate to handle the traffic generated thereby.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including requirements for locations of entrances and exits or for shielding of floodlights.

The Board of Standards and Appeals may permit accessory group parking facilities with more than 150 spaces in Commercial or Manufacturing Districts, provided either that such facilities have separate entrances and exits on two or more streets or that the following findings are made:

1. that such facility, if accessory to a non-residential use, other than a non-profit hospital staff dwelling, has adequate reservoir space at the vehicular entrance to accommodate either 10 automobiles or five percent of the total parking spaces provided by the facility, whichever amount is greater, but in no event shall such reservoir space be required for more than 50 automobiles; and
2. that the streets providing access to such use will be adequate to handle the traffic generated thereby.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including limitations on signs or requirements for locations of entrances or for shielding of floodlights.

For a complying or non-complying building existing on December 15, 1961, or in R2X, R3, R4 or R5 Districts on June 30, 1989, and containing residential uses, the Board of Standards and Appeals may permit an enlargement, a change of use or (in the case of a mixed building) an extension, provided that such enlargement, change of use or extension shall not create any new non-compliance or increase the amount or degree of any existing non-compliance except as provided in this Section.

In the districts and for the buildings for which an open space ratio is required, the open space ratio permitted under this Section shall not be less than 90 percent of the open space ratio required under the applicable bulk regulations set forth in Article II or III of this Resolution. In the districts and for the buildings to which a maximum lot coverage applies, the maximum lot coverage permitted under this Section shall not exceed 110 percent of the maximum lot coverage permitted under the applicable bulk regulations set forth in Article II or III of this Resolution. In all districts, the floor area ratio permitted under this Section shall not exceed the floor area ratio permitted under such regulations by more than 10 percent. In R2X, R3 or R4 Districts, the additional floor area permitted pursuant to this Section may be computed using a base floor area ratio including the floor area permitted under a sloping roof with a structural headroom between five and eight feet when such space is provided in the building.

The Board of Standards and Appeals may permit an enlargement of an existing single- or two-family detached or semi-detached residence, except cottage envelope buildings as such term is defined in Section 64-11 (Definitions), utilizing the provisions of Section 64-33 (Special Bulk Regulations for Cottage Envelope Buildings), within the following areas:

(a)        Community Districts 11 and 15, in the Borough of Brooklyn;

(b)        R2 Districts within the area bounded by Avenue I, Nostrand Avenue, Kings Highway, Avenue O and Ocean Avenue, Community District 14, in the Borough of Brooklyn; and

(c)        within Community District 10 in the Borough of Brooklyn, after October 27, 2016, only the following applications, Board of Standards and Appeals Calendar numbers 2016-4218-BZ, 234-15-BZ and 2016-4163-BZ, may be granted a special permit pursuant to this Section. In addition, the provisions of Section 73-70 (LAPSE OF PERMIT) and paragraph (f) of Section 73-03 (General Findings Required for All Special Permit Uses and Modifications), shall not apply to such applications and such special permit shall automatically lapse and shall not be renewed if substantial construction, in compliance with the approved plans for which the special permit was granted, has not been completed within two years from the effective date of issuance of such special permit.

Such enlargement may create a new non-compliance, or increase the amount or degree of any existing non-compliance, with the applicable bulk regulations for lot coverage, open space, floor area, side yard, rear yard or perimeter wall height regulations, provided that:        

(1)        any enlargement within a side yard shall be limited to an enlargement within an existing non-complying side yard and such enlargement shall not result in a decrease in the existing minimum width of open area between the building that is being enlarged and the side lot line;

(2)        any enlargement that is located in a rear yard is not located within 20 feet of the rear lot line; and

(3)        any enlargement resulting in a non-complying perimeter wall height shall only be permitted in R2X, R3, R4, R4A and R4-1 Districts, and only where the enlarged building is adjacent to a single- or two-family detached or semi-detached residence with an existing non-complying perimeter wall facing the street. The increased height of the perimeter wall of the enlarged building shall be equal to or less than the height of the adjacent building's non-complying perimeter wall facing the street, measured at the lowest point before a setback or pitched roof begins. Above such height, the setback regulations of Section 23-631, paragraph (b), shall continue to apply.

The Board shall find that the enlarged building will not alter the essential character of the neighborhood or district in which the building is located, nor impair the future use or development of the surrounding area. The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

For developments or enlargements of Quality Housing buildings in which at least 50 percent of the dwelling units are income-restricted housing units, or at least 50 percent of its total floor area is a long-term care facility or philanthropic or non-profit institution with sleeping accommodation, the Board of Standards and Appeals may modify the underlying bulk regulations, other than floor area ratio, provided that in no event shall such building height or the number of stories therein exceed those set forth in paragraph (b) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), and provided that the Board finds that:

(a)        there are physical conditions, including irregularity, narrowness or shallowness of lot size or shape, or topographical features that create practical difficulties in complying with the bulk regulations for Quality Housing buildings and would adversely affect the building configuration or site plan;

(b)        the practical difficulties of developing on the zoning lot have not been created by the owner or by a predecessor in title;

(c)        the proposed modifications will not unduly obstruct access of light and air to adjoining properties or streets;

(d)        the proposed scale and placement of the development or enlargement relates harmoniously with the surrounding area; and

(e)        the requested modification is the least amount necessary to relieve such practical difficulties.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

For a development, enlargement or conversion subject to the provisions of paragraph (d)(3), inclusive, of Section 23-154 (Inclusionary Housing), the Board of Standards and Appeals may, upon determining that a hardship that is specifically created by the requirements of such Section exists, modify the income levels specified for qualifying households, reduce the amount of affordable floor area required or reduce the amount of a payment into the affordable housing fund, provided the Board finds that:

(a)        the applicant has applied for any appropriate relief for which such development, enlargement or conversion is eligible for any financial hardship or practical difficulty not specifically created by the requirements of Section 23-154, paragraphs (d)(3)(i) through (d)(3)(v) and (d)(5);

(b)        such requirements for affordable housing or a contribution to an affordable housing fund create an unnecessary hardship, with no reasonable possibility that a development, enlargement or conversion on the zoning lot in strict compliance with the provisions of Section 23-154, paragraphs (d)(3)(i) through (d)(3)(v) and (d)(5), and Section 23-90 (INCLUSIONARY HOUSING), inclusive, will bring a reasonable return, and that a modification or reduction of these requirements is therefore necessary to enable the owner to realize a reasonable return from such zoning lot; and

(c)        the unnecessary hardship claimed as a basis for such modification or reduction has not been created by the owner or by a predecessor in title.

In determining whether a hardship exists, the Board shall consider whether alternative permitted uses, or alternative forms of housing tenure would bring a reasonable return from the zoning lot.

The Board may modify affordable housing requirements set forth in Section 23-154, paragraphs (d)(3)(i) through (d)(3)(iv) and (d)(5), to permit appropriate relief as follows.

First, the Board shall determine whether compliance with the requirements of Option 1, Option 2 or the Deep Affordability Option, as set forth in Section 23-154, paragraphs (d)(3)(i), (d)(3)(ii) and (d)(3)(iii), respectively, where not otherwise permitted, provides sufficient relief.

If the Board does not so find, the Board shall next determine whether compliance with the requirements of the Workforce Option, as set forth in Section 23-154, paragraph (d)(3)(iv), where not otherwise permitted, provides sufficient relief.

If the Board does not so find, the Board, in consultation with the Department of Housing Preservation and Development, shall determine a modification or reduction of the requirements of Section 23-154, paragraph (d)(3)(i) through (d)(3)(iv) and (d)(5), that represents the minimum necessary modification or reduction to afford relief.

In addition, the Board, in consultation with the Department of Housing Preservation and Development, may permit a modification or reduction of the requirements of Section 23-154, paragraph (d)(3)(v) that represents the minimum necessary modification or reduction to afford relief.

A copy of each application to the Board for a special permit under the provisions of this Section shall be provided by the applicant to the Department of Housing Preservation and Development concurrently with its submission to the Board.  Before the Board issues a final determination on any application made pursuant to this Section, HPD shall submit comment or appear before the Board regarding such application.

A special permit pursuant to this Section shall lapse after a term of four years, pursuant to Section 73-70 (LAPSE OF PERMIT). When considering an application for renewal of a special permit pursuant to paragraph (f) of Section 73-03 (General Findings Required for All Special Permit Uses and Modifications), the Board shall consult with HPD in determining whether the circumstances warranting the original grant of such permit still obtain, and may renew, modify, or deny the application for renewal, as appropriate.

The Board may prescribe such conditions and safeguards as it deems necessary to minimize adverse effects upon the surrounding area and the community at large.

Within the Special SoHo-NoHo Mixed Use District, for conversions from non-residential to residential use in buildings existing prior to December 15, 2021, that are not otherwise subject to paragraph (d)(3)(v) of Section 23-154 (Inclusionary Housing), the Board of Standards and Appeals may permit a contribution to the affordable housing fund pursuant to such paragraph to satisfy the requirements of paragraph (d)(3), inclusive, of such Section, provided that the Board finds that:

(a)        the configuration of the building imposes constraints, including, but not limited to, deep, narrow or otherwise irregular building floorplates, limited opportunities to locate legally required windows, or pre-existing locations of vertical circulation or structural column systems, that would create practical difficulties in reasonably configuring the required affordable floor area into a range of apartment sizes and bedroom mixes serving a number of lower-income residents comparable to what such quantity of affordable floor area would serve in a more typical configuration, pursuant to the guidelines of the Inclusionary Housing Program. Before the Board issues a final determination on any application made pursuant to this Section, the Department of Housing Preservation and Development shall submit comment or appear before the Board regarding this finding;

(b)        the practical difficulties existed on December 15, 2021.

For the purposes of this Section, defined terms include those set forth in Sections 12-10 and 23-911.

A copy of each application to the Board for a special permit under the provisions of this Section shall be provided by the applicant to the Department of Housing Preservation and Development concurrently with its submission to the Board.

The Board may prescribe such conditions and safeguards as it deems necessary to minimize adverse effects upon the surrounding area and the community at large.

For any such new building or enlargement, subject to the required findings set forth in this Section, the Board of Standards and Appeals may permit modifications of the applicable regulations in Sections 24-38, 33-28 or 43-28 (Special Provisions for Through Lots), or in Sections 24-50 through 24-55, inclusive, paragraphs (b) through (d) of Section 24-56, Sections 33-40 through 33-45, inclusive, or Sections 43-41 through 43-45, inclusive, relating to Height and Setback Regulations, or in Sections 24-61 through 24-65, inclusive, Section 33-51, or Section 43-51, relating to Court Regulations and Minimum Distance between Windows and Walls or Lot Lines, provided that on December 15, 1961, the applicant owned the zoning lot or any portion thereof, and continuously occupied and used one or more buildings located thereon for a specified community facility use, from December 15, 1961, until the time of application. However, for Quality Housing buildings utilizing the height and setback regulations of Article II, Chapter 3, as required by Sections 24-50 and 33-40, the Board shall not permit modification to the provisions of Sections 23-67 through 23-69, inclusive.

As a condition of granting such modification, the Board shall find:

(a)        that such modification is required in order to enable such use to provide an essential service to the community;

(b)        that without such modification there is no way to design and construct the new buildings or enlargements in satisfactory physical relationships to the existing buildings which are to remain upon the site, so as to produce an integrated development; and

(c)        that such modification is the minimum modification necessary to permit the development of such integrated community facility, and thereby creates the least detriment to the character of the neighborhood and the use of nearby zoning lots.

In any district where such a specified community facility use is permitted, and on any zoning lot where one or more buildings occupied by such use exist on the date of application for the special permit, the Board of Standards and Appeals may permit development or enlargements which, only because of the continued existence of such buildings on a temporary basis, fail to comply with one or more of the applicable district bulk regulations, provided that the Board finds that continued use of the existing buildings is essential as a service to the community until the new construction makes it possible to replace the facilities contained therein.

The Board shall prescribe as a condition of such permit that such existing buildings will be removed within a stated period of time not to exceed two years after completion of the development or enlargement.

In any such development or enlargement consisting of a community center serving primarily the residents of the zoning lot, the Board of Standards and Appeals may permit the density regulations set forth in Sections 24-20 (APPLICABILITY OF DENSITY REGULATIONS TO ZONING LOTS CONTAINING BOTH RESIDENTIAL AND COMMUNITY FACUILITY USES) or 35-40 (APPLICABILITY OF DENSITY REGULATIONS) to be modified, provided that the total number of dwelling units permitted by these Sections and all other applicable bulk regulations set forth in Articles II and III of this Resolution shall not be increased by more than 10 percent.

The Board of Standards and Appeals may permit modifications to the bulk regulations for certain  enlargements of public utility facilities set forth in paragraph (a) of this Section, provided that the findings set forth in paragraph (b) are met.

1. The Board may permit enlargements which do not comply with the applicable district bulk regulations for buildings or other structures existing on December 15, 1961, within which any one of the following public utilities is located:
   
   Electric or gas utility substations;
   
   Telephone exchanges or other communications equipment structures;
   
   Water or sewage pumping stations; or
   
   Energy infrastructure equipment.
2. In order to grant such permit, the Board shall find:
   1. that the growth of the utility service demand in the area served by the building or other structure requires such enlargement to house the additional facilities needed to fulfill the demand;
   2. that the network of lines, pipes or other distribution facilities located below the surface of the streets is so integrated with the operations carried on within such building that the provision of such additional facilities at another location would cause substantial duplication of plant and facilities and inconvenience to the public; and
   3. that non-compliance, if any, with the applicable yard or height and setback regulations is the minimum made necessary by essential engineering requirements.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area and shall require that the certificate of occupancy shall be limited to such use.
 

The Board of Standards and Appeals may permit the bulk modifications set forth in paragraph (a) of this Section, provided that the findings set forth in paragraph (b) are met.

1. The Board may permit modifications to all bulk regulations, other than floor area ratio, in order to accommodate energy infrastructure equipment or accessory mechanical equipment.
2. In order to grant such permit, the Board shall find that:
   1. such modifications would facilitate one or more of the following sustainability goals:
      1. reduction of the electrical demand of the building on the energy grid;
      2. increased energy generation or storage at an essential location for the purposes of operating the energy grid;
      3. support compliance with the standards of the New York City Energy Conservation Code (NYCECC); or
      4. support compliance with the carbon emission reduction requirements of Local Law 97 of 2019;
   2. such modifications are the minimum necessary to allow for an appropriate installation, with consideration for collocation of other uses, whether upon a rooftop, within a building or other structure, or in an open area on the zoning lot; and
   3. the proposed modifications will not impair the character or the future use or development of the surrounding area.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.