Wherever the Special 125th Street District includes an area which also lies within the Special Transit Land Use District, the requirements of the Special Transit Land Use District, as set forth in Article IX, Chapter 5, shall apply, subject to the modifications described in paragraphs (a)(5) and (a)(6) of Section 97-432 (Height and setback regulations in the Core Subdistrict and in areas outside of a subdistrict).

In the Special 125th Street District, buildings containing residences shall be developed or enlarged in accordance with the Quality Housing Program, and the regulations of Article II, Chapter 8 shall apply. The bulk regulations of this Chapter shall be considered the applicable bulk regulations for Quality Housing buildings.  

For the purposes of applying the Inclusionary Housing Program provisions set forth in Section 23-154 (Inclusionary Housing) and in Section 23-90 (INCLUSIONARY HOUSING), inclusive, Inclusionary Housing designated areas and Mandatory Inclusionary Housing areas within the Special 125th Street District are shown on the maps in APPENDIX F of this Resolution.

Any arts and entertainment uses listed in Section 97-11 that are provided in order to comply with the requirements of Section 97-12 (Arts and Entertainment Use Requirement) or Section 97-422 (Floor area bonus for visual or performing arts uses) shall be subject to the following location and access requirements:

The designated uses listed in Section 97-11 may be located anywhere throughout a building that fronts on 125th Street, provided that:

1. any such designated uses within the Core Subdistrict required pursuant to Section 97-12 shall be accessed from 125th Street; and
2. in mixed buildings, the provisions of Section 32-422 (Location of floors occupied by commercial uses) shall apply. However, such provisions shall be modified where commercial uses are located on the same story as a dwelling unit such that the limitations set forth in paragraphs (a) and (b) of such Section need not apply.

The provisions of Section 32-422 (Location of floors occupied by commercial uses) shall be modified such that the limitations set forth in paragraph (a) of such Section need not apply, and the requirements in paragraph (b) of such Section shall apply only where commercial uses are located above any story containing dwelling units. 

In C4-4D, C4-7 or C6-3 Districts in the Core Subdistrict, as shown on Map 1 in Appendix A of this Chapter, and in areas outside of a subdistrict, the maximum permitted floor area ratios shall be as listed in the following table for residential, commercial and community facility uses, and may only be increased pursuant to Section 97-42 (Additional Floor Area and Lot Coverage Regulations), inclusive.

MAXIMUM PERMITTED FLOOR AREA RATIO (FAR) FOR RESIDENTIAL, COMMERCIAL AND COMMUNITY FACILITY USES

Within the Park Avenue Hub Subdistrict, as shown on Map 1 in Appendix A of this Chapter, the maximum floor area ratio for zoning lots is set forth in paragraph (a) of this Section, and is modified for certain zoning lots in accordance with paragraph (b) of this Section.

(a)        Maximum floor area ratio

The maximum floor area ratio shall be 12.0. Where a development or enlargement contains residential floor area, such zoning lot shall satisfy the provisions of either:

(1)        a minimum non-residential floor area ratio of 2.0 shall be provided on such zoning lot. Such floor area shall not include any floor area containing a transient hotel; or

(2)        a minimum floor area ratio of 0.5, or a minimum amount of floor space equivalent to such 0.5 floor area ratio, shall be provided on such zoning lot. Such floor area or equivalent floor space shall be exclusively used for those visual or performing arts uses, designated in paragraph (b) of Section 97-11 (Special Arts and Entertainment Uses), and shall be certified by the Chairperson of the City Planning Commission to the Commissioner of Buildings that the conditions set forth in Section 97-423 (Certification for floor area bonus for visual or performing arts uses) have been met.

Where the provisions of Article VI, Chapter 3 (Special Regulations Applying to FRESH Food Stores) apply, the total floor area permitted for such zoning lot may be increased by one square foot of residential floor area for each square foot of floor area of a FRESH food store, as defined by Article VI, Chapter 3, up to 20,000 square feet.

(b)        Modified maximum floor area ratio for certain zoning lots

For zoning lots existing on or before November 30, 2017, with a lot area of less than 5,000 square feet, or for zoning lots subject to the provisions of paragraph (d)(4) of Section 23-154 (Inclusionary Housing), the maximum floor area ratios set forth in paragraph (a) of this Section shall be modified, as follows:

(1)        the minimum non-residential floor area requirements set forth in paragraph (a) of this Section shall be optional for zoning lots existing on or before November 30, 2017, with a lot area of less than 5,000 square feet. For zoning lots utilizing the provisions of this paragraph, the minimum non-residential floor area or visual or performing arts space requirements set forth in paragraph (a) of this Section shall not apply;

(2)        for zoning lots, subject to the provisions of paragraphs (d)(4)(i) or (d)(4)(iii) of Section 23-154, the maximum residential floor area provision of the underlying district as specified in Section 23-153 (For Quality Housing buildings) shall apply; and

(3)        for zoning lots utilizing the provisions of paragraph (b)(1) or (b)(2) of this Section, the maximum overall floor area ratio shall be 10.0, except that such maximum floor area ratio may be increased pursuant to the provisions of paragraph (b) of Section 97-422 (Floor area bonus for visual or performing arts uses). For zoning lots utilizing the provisions of paragraph (b)(2) of this Section, such maximum floor area ratio may also be increased pursuant to the provisions of Article VI, Chapter 3.

In Subdistrict A, the maximum residential floor area ratio shall be 9.0 and the maximum floor area ratio for non-residential uses shall be 10.0. Such maximum non-residential floor area may only be increased pursuant to paragraph (c) of Section 97-422 (Floor area bonus for visual or performing arts uses).

In Inclusionary Housing designated areas within C4-4D, C4-7 and C6-3 Districts in the Core Subdistrict or areas outside of a subdistrict, the residential floor area ratio may be increased by an Inclusionary Housing bonus, pursuant to the provisions of Section 23-154 (Inclusionary Housing).

(a)        In C4-4D, C4-7 or C6-3 Districts within the Core Subdistrict or areas outside of a subdistrict, for a development or enlargement with frontage on 125th Street, the maximum floor area ratio otherwise permitted for residential or commercial uses listed in Section 97-411 may be increased up to the maximum floor area ratio specified in the table in this Section, provided that for every four square feet of bonused floor area, an amount of space equivalent to one square foot of such bonused floor area shall be used for those visual or performing arts uses designated in paragraph (b) of Section 97-11 (Special Arts and Entertainment Uses). Such bonused floor area shall be permitted only upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings that the conditions set forth in Section 97-423 have been met.

MAXIMUM PERMITTED FLOOR AREA RATIO (FAR) FOR RESIDENTIAL AND COMMERCIAL USES WITH FLOOR AREA BONUS FOR VISUAL OR PERFORMING ARTS USES

(b)        In C6-4 Districts within the Park Avenue Hub Subdistrict, for a development or enlargement, the maximum floor area ratio permitted in paragraph (b) of Section 97-412 (Maximum floor area ratio in the Park Avenue Hub Subdistrict) may be increased up to a maximum floor area ratio of 12.0, provided that for every four square feet of bonused floor area, an amount of space equivalent to one square foot of floor area shall be used for those visual or performing arts uses designated in paragraph (b) of Section 97-11 (Special Arts and Entertainment Uses). Such bonused floor area shall be permitted only upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings that the conditions set forth in Section 97-423 have been met.

(c)        In C4-7 Districts within Subdistrict A, for a development or enlargement, the maximum floor area ratio permitted in Section 97-413 (Maximum floor area ratio in Subdistrict A) may be increased up to a maximum floor area ratio of 12.0, provided that for every four square feet of bonused floor area, an amount of space equivalent to one square foot of floor area shall be used for those visual or performing arts uses designated in paragraph (b) of Section 97-11 (Special Arts and Entertainment Uses). Such bonused floor area shall be permitted only upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings that the conditions set forth in Section 97-423 have been met.

The minimum non-residential floor area or equivalent floor space provisions of paragraph (a)(2) of Section 97-412 (Maximum floor area ratio in the Park Avenue Hub Subdistrict) or the floor area bonus provisions of Section 97-422 shall apply only upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings that the following conditions have been met:

(a)        Drawings have been provided that clearly designate all floor area permitted pursuant to the provisions of paragraph (a)(2) of Section 97-412, or all floor area that will result from the permitted increase in floor area ratio pursuant to Section 97-422, including the location of such floor area.

(b)        Drawings also have been provided that clearly designate all floor area or below grade floor space for any new visual or performing arts uses provided for the purposes of satisfying the provisions of paragraph (a)(2) of Section 97-412, or for which a bonus is to be received pursuant to Section 97-422.

Such drawings shall be of sufficient detail to show that such designated space shall be designed, arranged and used for the new visual arts or performing arts uses, and shall also show that:

(1)        all such visual or performing arts uses are located at or above the ground floor level of the building, except that performance space meeting the requirements of paragraph (b)(4) of this Section may be located below grade, and accessory uses may be located below grade, subject to the requirements of paragraph (b)(5) of this Section;

(2)        all bonused floor area or below-grade space occupied by visual or performing arts uses is primarily accessed from 125th Street, except where such visual or performing arts floor area or floor space is provided pursuant to paragraphs (a)(2) of Section 97-412 or (b)(2) of Section 97-422. However, all bonused floor area or below-grade floor space occupied by visual or performing arts uses within a development may be primarily accessed from Fifth Avenue, provided the following conditions are met:

(i)        the zoning lot must have at least 150 feet of Fifth Avenue frontage where such primary entrance is provided; and

(ii)        signage that identifies the visual or performing arts uses shall be provided at both the primary entrance on Fifth Avenue and on 125th Street;

(3)        in the case of primary rehearsal space, where such space does not consist of accessory uses subject to the requirements of paragraph (b)(4), such space:

(i)        can be adapted for rehearsals or performances open to the public;

(ii)        is located on the first story of the building or on any higher story with a ceiling height not greater than 60 feet above grade;

(iii)        has a street wall with at least 50 feet of frontage along 125th Street, except for visual or performing arts uses with primary entrances provided pursuant to paragraph (b)(2)(i) of this Section. In addition, where such primary rehearsal space is provided pursuant to paragraphs (a)(2) of Section 97-412 or (b)(2) of Section 97-422 such street wall with 50 feet of frontage need not be along 125th Street,

(iv)        has a minimum area of 2,000 square feet, with a floor-to-ceiling height of not less than 9 feet, 6 inches; and  

(v)        complies with the following glazing requirements, except for visual or performing arts uses with primary entrances provided pursuant to paragraph (b)(2)(i) of this Section: at least 70 percent of the total surface area of the street wall abutting the primary rehearsal space, measured from finished floor to ceiling shall be glazed. Furthermore, at least 90 percent of such area shall be transparent from within one foot of the finished floor level to at least eight feet above such level. For primary rehearsal spaces located at the corner of 125th Street and an intersecting street, the glazing requirements of this Section shall be applied separately for each street wall, and up to 100 feet along such intersecting street;

(4)        for performance space which is exclusively designed and arranged for the presentation of live drama, music, dance and interactive or multidisciplinary performances open to the public, such space may be below grade provided it has a minimum area of 2,000 square feet of column-free space with a floor-to-ceiling height of not less than 16 feet;

(5)        Accessory space

(i)        For primary rehearsal spaces, no more than 25 percent of such minimum required floor area or equivalent below grade floor space, or such bonused floor area or below grade floor space shall be occupied by uses accessory to such primary rehearsal spaces. Accessory uses shall include but are not limited to educational and classroom space, administrative offices, circulation space, restrooms and equipment space;

(ii)        For visual or performing arts uses other than a primary rehearsal space, no more than 40 percent of such minimum required floor area or equivalent below grade floor space, or such bonused floor area or below grade floor space shall be occupied by uses accessory to such visual or performing arts uses, provided no single accessory use occupies more than 25 percent of such total minimum required floor area or equivalent below-grade floor space, or bonused floor area or below grade floor space. Accessory uses shall include but are not limited to educational and classroom space, non-primary rehearsal space, administrative offices, lobbies, circulation space, ticket offices, restrooms, dressing rooms, other backstage areas and equipment space; and

(6)        Signage

(i)        Signage that identifies the visual or performing arts facility shall be provided at the 125th Street entrance of the visual or performing arts facility, subject to the requirements of Section 97-30, inclusive, except where such visual or performing arts facility is provided pursuant to paragraphs (a)(2) of Section 97-412 or (b)(2) of Section 97-422; and

(ii)        For below grade performance space subject to the requirements of paragraph (b)(4) of this Section, such sign, not including any frame or surrounding element, shall be utilized for the additional purpose of informing the public regarding the program of scheduled performances in such facility, and shall be no less than two feet in width and four feet in height, and shall be installed a minimum of 2 feet, 6 inches above grade;  

(c)        A letter from the Department of Cultural Affairs has been submitted to the Chairperson of the City Planning Commission, certifying that:

(1)        a signed lease has been provided from the prospective operator of the visual or performing arts space, or a written commitment from the owner of such space in a form acceptable to the City, if such owner is also the operator, for occupancy of such space, and its operation as a visual or performing arts space for a period of not less than 15 years, with two five-year renewal options, pursuant to an operating plan and program therefor;

(2)        the proposed operator of the visual or performing arts space is a non-profit organization;

(3)        the proposed operator of the visual or performing arts space has the fiscal and managerial capacity to successfully operate such space;

(4)        the proposed operator of the visual or performing arts space will have a program of regularly scheduled presentations or performances that are open to the public, provided that, in the case of a visual or performing arts space that is a primary rehearsal space, a program of regularly scheduled rehearsals or performances open to the public shall be required only where the proposed operator is the principal user of the primary rehearsal space. In the event that the proposed operator is not the principal user of the primary rehearsal space and such space is made available to multiple organizations or individuals on an hourly, weekly, monthly or similar basis, the proposed operator shall allow open rehearsals or performances open to the public to be sponsored by such organizations or individuals, upon request;

(5)        preliminary design plans have been provided to the Department of Cultural Affairs for the visual or performing arts space, which shall include sufficient detail regarding core, shell, structural, mechanical, electrical, plumbing and HVAC systems necessary to ensure that such visual or performing arts space will operate efficiently for its intended use;

(6)        a written commitment has been provided ensuring that there are financial resources available for the timely completion of the identified scope of work; and

(7)        the proposed operator of the visual or performing arts space has a Community Engagement Plan that will effectively encourage public access and use of the visual or performing arts space, provide educational opportunities to the local community, and address new, undeveloped and/or underserved audience or participant groups. The Department of Cultural Affairs shall make its determination concerning the sufficiency of the Community Engagement Plan based upon consideration of the written recommendation of the Bonused Space Local Arts Advisory Council with respect thereto.

(d)        A legal commitment by the owner has been provided:

(1)        for the operator of the visual or performing arts space to submit an annual program report, describing the use of the space during the previous year, to the Chairperson of the City Planning Commission, the Commissioner of the Department of Cultural Affairs, the Manhattan Borough President, the applicable Community Board and the local Council Member; and

(2)        for inspection and ongoing maintenance of the visual or performing arts space to ensure its continued availability for use as a visual or performing arts space. Such inspection shall be conducted every five years by a licensed engineer or architect, and a report identifying the operator utilizing the space, describing the condition of the space and identifying any maintenance or repair work necessary to ensure the physical and operational soundness of such space, and establishing a plan and program for such work, including providing that adequate resources be made available to ensure timely completion of such maintenance or repair work, shall be submitted to the Chairperson of the City Planning Commission and the Commissioner of the Department of Cultural Affairs;

(e)        A legal commitment by the owner has been provided for continued occupancy of all floor area or equivalent floor space provided for the purposes of satisfying minimum equivalent non-residential floor space provisions of paragraph (a)(2) of Section 97-412, or for which a bonus has been received pursuant to Section 97-422, as a visual or performing arts space only in accordance with the drawings and design plans provided pursuant to paragraphs (b) and (c)(5) of this Section, and providing further that in the event of a change of operator, the owner or operator shall obtain a new certification pursuant to this Section. An adult establishment use shall be prohibited for the life of the development or enlargement.

(1)        notwithstanding the provisions of this paragraph (e), an owner shall not be in violation of such legal commitment during a grace period consisting of:

(i)        six (6) months from the date the visual or performing arts space is vacated by the operator, provided owner timely notifies the Departments of City Planning and Cultural Affairs of such vacancy in accordance with the requirements of the legal commitment;

(ii)        the period of review by the Chairperson of the City Planning Commission and the Commissioner of the Department of Cultural Affairs with respect to a new operator and any associated change of design or use requirements pursuant to this Section, provided that application for certification pursuant to this Section is made no later than the expiration of the six month period set forth in paragraph (e)(1)(i) of this Section;

(iii)        any period set forth in such certification as necessary to allow for the modification of design to accommodate a new operator; and

(iv)        any event of force majeure;

(2)        in the event that the Chairperson of the City Planning Commission determines that the requirements for certification pursuant to this Section with respect to a change of operator and associated change of design or use requirements are not satisfied, the grace period set forth in paragraph (e)(1) of this Section shall thereupon apply from the date of such determination;

(f)        A legal commitment by the owner has been provided that all visual arts exhibitions or presentations of live drama, music, dance, interactive or multidisciplinary performances shall be open to the public in accordance with the terms of the letter issued by the Commissioner of Cultural Affairs, pursuant to paragraph (c) of this Section;

(g)        A legal commitment by the owner has been provided that, in the event of an adjudicated violation of the provisions of paragraph (e) of this Section, requiring the continued occupancy of all floor area or equivalent floor space provided for the purposes of satisfying minimum equivalent non-residential floor space provisions of paragraph (a)(2) of Section 97-412, or for which a bonus has been received, pursuant to Section 97-422, as a visual and performing arts space only, the owner shall not permit the occupancy of any floor area in the development or enlargement which is vacant as of the date of such adjudication or thereafter, or up to the amount of the increased floor area permitted under Section 97-422, as applicable, until such time as the Chairperson of the City Planning Commission has determined that the visual or performing arts space is occupied in accordance with the provisions of this Section.

Such legal commitments shall be in the form of a declaration of restrictions, filed and duly recorded in the Borough Office of the Register of the City of New York, binding upon the owner of the visual or performing arts space and their successors and assigns, a certified copy of which shall be submitted to the Chairperson. The filing of such declaration and the posting of any bond or other security required by the Chairperson under the terms of such declaration, and receipt of a certified copy of such declaration shall be preconditions to issuance of any building permit, including any foundation or alteration permit, for any development or enlargement.

The owner shall not apply for or accept a temporary certificate of occupancy for such portion of the development or enlargement identified under the terms of the declaration of restrictions as utilizing the floor area permitted pursuant to the provisions of paragraph (a)(2) of Section 97-412 or the increased floor area permitted pursuant to Section 97-422, and the Department of Buildings shall not issue a temporary certificate of occupancy for such portion of the development or enlargement, until the Commissioner of the Department of Cultural Affairs has certified that the visual or performing arts space is substantially complete. The owner shall not apply for or accept a permanent certificate of occupancy for such portion of the development or enlargement, nor shall the Department of Buildings issue a permanent certificate of occupancy for such portion of the development or enlargement, until the visual or performing arts space has been finally completed in accordance with the approved plans and such final completion has been certified by the Commissioner of the Department of Cultural Affairs. The declaration of restrictions shall be noted on any temporary or final certificate of occupancy for the building. The temporary or final certificate of occupancy for any portion of the development or enlargement identified under the terms of the declaration of restrictions as utilizing the floor area permitted pursuant to the provisions of paragraph (a)(2) of Section 97-412 or the increased floor area permitted pursuant to Section 97-422 shall include the provisions of paragraph (e) of this Section, requiring the continued occupancy of all floor area for which a bonus has been received as a visual or performing arts space only, as a condition of occupancy of such portion of the development or enlargement.

In granting the original certification, the Chairperson of the City Planning Commission may specify such changes in design or use that would not warrant further certification pursuant to this Section.

The maximum lot coverage for residential use in C6-3 Districts within the Special 125th Street District shall be 70 percent for interior or through lots and 100 percent for corner lots.

The provisions of Section 33-42 (Permitted Obstructions) shall apply, except that dormers may penetrate a maximum base height in accordance with the provisions of paragraph (c)(1) of Section 23-623 (Permitted obstructions in certain districts).

(a)        Street wall location

In all Commercial Districts within the Core Subdistrict and areas outside of a subdistrict, the street wall shall be located on the street line of 125th Street and extend along the entire street frontage of the zoning lot up to at least the applicable minimum base height of the underlying district, or the height of the building, whichever is less.

The street wall location provisions of such Commercial Districts shall be modified, as follows:

(1)        On Park Avenue, within 10 feet of its intersection with any street, the street wall may be located anywhere within 10 feet of the Park Avenue street line. However, to allow articulation of the street walls pursuant to the provisions of paragraph (b) of this Section, the street walls may be located anywhere within an area bounded by a street line, the street wall on Park Avenue and a line connecting these two lines 15 feet from their intersection.

(2)        To allow articulation of street walls at the intersection of any two streets within the Special District, the street wall may be located anywhere within an area bounded by the two street lines and a line connecting such street lines at points 15 feet from their intersection.

(3)        Recesses, not to exceed three feet in depth from the street line, shall be permitted on the ground floor where required to provide access to the building. Above the height of the second story and up to the applicable maximum base height, recesses are permitted for outer courts or balconies, provided that the aggregate width of such recesses does not exceed 30 percent of the width of the street wall at any level, and the depth of such recesses does not exceed five feet. No recesses shall be permitted within 20 feet of an adjacent building or within 30 feet of the intersection of two street lines, except in compliance with corner articulation rules.

(4)        The street wall location and minimum street wall height provisions of this Section shall not apply to any existing buildings that are to remain on the zoning lot.

(5)        For any development or enlargement that is partially within the Special Transit Land Use District and located directly over the planned Second Avenue subway line tunnel, the residential portion of such development or enlargement may be constructed pursuant to the R8A street wall requirements and the commercial portion of such development or enlargement may be constructed pursuant to the C4-4D street wall requirements in lieu of the requirements of this Section.

(6)        The requirements of this Section shall apply within the Special Transit Land Use District except that, for the area of the Special Transit Land Use District that is also within the Special 125th Street District, a street wall of a development or enlargement located on the street line of a zoning lot need not exceed 15 feet if that portion of the development or enlargement is located directly over the planned Second Avenue subway line tunnel.

(b)        Maximum height of building and setback

The following modifications of the underlying district regulations shall apply for C4-7 and C6-3 Districts within the Core Subdistrict and areas outside of a subdistrict:

(1)        The minimum and maximum base height of the street wall and the maximum height of a building or other structure shall be as set forth in the following table:

All portions of buildings or other structures that exceed a height of 85 feet in C4-7 and C6-3 Districts shall be set back at least 15 feet from the street line, except that such setback depth may include the depth of any permitted recess in the street wall, according to the provisions of paragraph (a) of Section 97-432 (Height and setback regulations in the Core Subdistrict and in areas outside of a subdistrict).

(2)        Special regulations for certain C4-7 Districts

(i)        For the area located within 50 feet of the 126th Street frontage and between 200 feet east of Adam Clayton Powell Boulevard and 150 feet west of Lenox Avenue/Malcolm X Boulevard, the height of any portion of a building or other structure shall be limited to 80 feet.

(ii)        For zoning lots bounded by 125th Street, Park Avenue and 124th Street, the maximum height of a building or other structure shall be 330 feet.

(iii)        For Lots 1 and 7501 on Block 1910, the requirements of City Environmental Quality Review (CEQR) Environmental Designation Number (E-102) have been modified, as set forth in the Technical Memorandum to the Final Environmental Impact Statement for CEQR Number 07DCP030M, dated July 18, 2008.

(3)        In C6-3 Districts, the maximum length of any story located above a height of 85 feet shall not exceed 150 feet. Such length shall be measured by inscribing within a rectangle the outermost walls at the level of each story entirely above a height of 85 feet. No side of such rectangle shall exceed a width of 150 feet.  

In C6-4 Districts within the Park Avenue Hub Subdistrict, as shown on Map 1 in Appendix A of this Chapter, the following provisions shall apply.

(a)        Street wall location

The applicable provisions of Section 35-651 shall be modified as follows:

(1)        Along 125th Street

The minimum base height shall be 60 feet, or the height of the building, whichever is less, except that for buildings or portions thereof within 50 feet of Park Avenue, the minimum base height shall be 40 feet, or the height of the building, whichever is less. The street wall location provisions of this paragraph shall be modified to allow a sidewalk widening pursuant to the provisions of paragraph (a)(2) of this Section; and

(2)        Along Park Avenue and narrow streets

The provisions of paragraph (a) of Section 35-651 shall apply, except that the minimum base height shall be 40 feet, or the height of the building, whichever is less.

In addition, for zoning lots with frontage along Park Avenue between 124th Street and 125th Street, any development or horizontal enlargement shall provide a sidewalk widening along the street line of Park Avenue. Such sidewalk widening shall have a depth of 10 feet, be improved to Department of Transportation standards for sidewalks, and be at the same level as the adjoining public sidewalk.

(b)        Basic maximum building height and setback regulations

The maximum height of buildings or other structures shall be as set forth in Sections 35-652 (Maximum height of buildings and setback regulations) or 35-654 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), as applicable, except that the minimum base height shall be as set forth in paragraph (a) of this Section, and the maximum base height for buildings or other structures along the street line of 125th Street and within 50 feet of such street line shall be 85 feet.

For the purposes of applying the provisions for qualifying ground floors, the provisions of Section 97-20 (GROUND FLOOR LEVEL REGULATIONS), inclusive, shall apply in lieu of the applicable provisions of paragraph (b)(2) of Section 35-652.

(c)        Optional height and setback regulations

As an alternative to the provisions of paragraph (b) of this Section, the provisions of this paragraph (c) may be applied to zoning lots meeting the criteria set forth in paragraph (a) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), or zoning lots where 50 percent or more of the floor area is allocated to non-residential uses.

(1)        Setbacks

At a height not lower than the minimum base height specified in paragraph (a) of this Section, nor higher than a maximum base height of 85 feet, a setback shall be provided in accordance with paragraph (c) of Section 23-662 (Maximum height of buildings and setback regulations). Above such required setback, any portion of a building or buildings on the zoning lot shall be considered a “tower.”

(2)        Lot coverage requirements for towers

Each story of a tower containing residential floor area shall not exceed a maximum lot coverage of 40 percent, except that, for zoning lots less than 20,000 square feet, such lot coverage may be increased in accordance with the table in Section 23-65 (Tower Regulations). Each story of a tower allocated exclusively to non-residential floor area shall not exceed a maximum lot coverage of 50 percent. However, where dormers are provided within the required setback, such portions of buildings shall not count toward the maximum allowable lot coverage set forth in this paragraph.

(3)        Maximum building height

No height limit shall apply to towers.

Within Subdistrict A, as shown on Map 1 in Appendix A of this Chapter, the underlying height and setback regulations for Quality Housing buildings shall apply, except that in C4-7 Districts, the minimum and maximum base heights and the overall maximum building height provisions of Section 35-65, inclusive, shall be modified in accordance with the following table: Maximum height of buildings.

Above the maximum base height, a setback shall be provided in accordance with the provisions of paragraph (c) of Section 23-662.

Accessory off-street parking spaces, open or enclosed, shall be provided for all developments or enlargements within the Special 125th Street District that contain residences, according to the provisions of the underlying district, as modified by the provisions of Section 97-50 (SPECIAL OFF-STREET PARKING AND OFF-STREET LOADING REGULATIONS), inclusive. However, for developments or enlargements within R6A Districts, the off-street parking regulations of an R7-2 District, as modified by the provisions of Section 97-50, inclusive, shall apply.

In Commercial Districts within the Core Subdistrict, as shown on Map 1 in Appendix A of this Chapter, and areas outside of a subdistrict, accessory off-street parking spaces shall be provided if required by Section 36-21, as modified by the provisions of Section 97-50 (SPECIAL OFF-STREET PARKING AND OFF-STREET LOADING REGULATIONS), inclusive, except that no accessory parking spaces shall be required for commercial uses in C4-4D Districts.