The City Planning Commission by special permit may authorize bonus floor area for substantial rehabilitation or restoration of any theater listed as a “listed theater” in Section 81-742 (Listed theaters), in accordance with the provisions of this Section.

(a)        Conditions for rehabilitation bonus

As a condition for the issuance of a special permit under the provisions of this Section, the following requirements shall be satisfied:

(1)        Location of development

The development or enlargement for which a theater rehabilitation bonus is granted is located on the same zoning lot as the “listed theater.”

(2)        Qualification of substantial rehabilitation

Substantial rehabilitation work qualifying for a floor area bonus shall consist of major structural changes for the purpose of improving a theater’s design and its commercial viability for legitimate theater use, or historic restoration of the interior of a theater designated as an interior landmark.

Substantial rehabilitation may include, without limitations, such work as expanding stage wings, re-raking the orchestra, increasing rehearsal, dressing room or lobby and ancillary spaces, improving accessibility beyond applicable legal requirements, or historic restoration. It may also include reconversion to legitimate theater use of an original legitimate theater currently in other use. Substantial rehabilitation does not mean normal theater maintenance, painting or improvements to mechanical systems alone.

(3)        Timing and commitment

(i)        there shall be a contractual commitment or commitments for the construction work involved in the substantial rehabilitation;

(ii)        the requirements of Section 81-743 (Required assurances for continuance of legitimate theater use) shall be satisfied; and

(iii)        a rehabilitation bonus shall not be granted for a substantial rehabilitation completed before May 13, 1982.

(b)        Amount of rehabilitation bonus

The amount of bonus floor area granted for a qualifying theater rehabilitation shall be at the discretion of the Commission after consideration of the following findings:

(1)        how and to what extent the proposed rehabilitation will improve the theater's suitability for use as a legitimate theater;

(2)        how the proposed rehabilitation will contribute toward satisfying the needs of the Theater Subdistrict;

(3)        whether the bonus floor area will unduly increase the bulk of any development or enlargement, density of population or intensity of use on any block to the detriment of occupants of buildings on the block or the surrounding area; and

(4)        whether the distribution and location of such floor area bonus will adversely affect the surrounding area by restricting light and air or otherwise impair the essential character or future development of the surrounding area.

Such bonus floor area shall not exceed 20 percent of the basic maximum floor area permitted on the zoning lot containing the development or enlargement by the regulations of the underlying district, except that in the case of an underlying C6-4, C6-5 or M1-6 District, the bonus floor area shall not exceed 44 percent of the basic maximum floor area permitted in such underlying district, and except that in the case of a zoning lot located partially in a C6-5.5 District and partially in a C6-7T District, the Commission may allow bonus floor area to be utilized anywhere on the zoning lot.

For purposes of applying the provisions of Section 11-42 (Lapse of Authorization or Special Permit by the City Planning Commission Pursuant to the 1961 Zoning Resolution) to a special permit granted pursuant to this Section, “substantial construction” shall mean substantial rehabilitation, as described in paragraph (b) of this Section, of the subject theater for which a floor area bonus has been granted to a related development or enlargement.

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