For purposes of this Chapter, matter in italics is defined in Sections 12-10, 32-301 or within this Section.
 

Development

For purposes of this Chapter, a "development" includes the construction of a new building or other structure on a zoning lot, the relocation of an existing building on another zoning lot, and an enlargement.

Landmark building

A "landmark building" is any building designated as a landmark by the Landmarks Preservation Commission, pursuant to procedures set forth in Section 3020 of the New York City Charter and other applicable laws.

Style building

A "style building" is a building possessing an architectural style, as described in the Upper East Side Historic District Designation Report prepared by the New York City Landmarks Preservation Commission in 1981.

Except as modified by the express provisions of this Chapter, the regulations of the underlying district remain in effect.

For transit-adjacent sites or qualifying transit improvement sites, as defined in Section 66-11 (Definitions), in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI, Chapter 6 shall control.

The underlying ground floor level streetscape provisions set forth in Section 32-30 (STREETSCAPE REGULATIONS), inclusive, shall apply, except that ground floor level street frontages along Madison Avenue shall be considered Tier C street frontages and the provisions set forth in paragraph (d) of Section 32-33 (Regulations for Tier C Street Frontages) shall apply regardless of the underlying zoning district.

The regulations of Section 99-11 (Special Streetscape Regulations) may be modified for a comunity facility provided the City Planning Commission certifies that the treatment of the facade preserves and enhances street life on Madison Avenue compatible with the character of the surrounding area.

The underlying floor area regulations shall apply except as modified in this Section.

For developments or enlargements on qualifying transit improvement sites, a floor area bonus for mass transit station improvements may be granted by the City Planning Commission pursuant to the provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements). For the purposes of this paragraph, defined terms additionally include those in Section 66-11 (Definitions). No other floor area bonuses shall be permitted.

The underlying height and setback regulations applicable to a C5-1A District shall apply. However, for zoning lots that do not contain qualifying affordable housing or qualifying senior housing, the gross area of each story located completely above a height of 170 feet shall not exceed 80 percent of the gross area of the story directly below it.

For a zoning lot in the Upper East Side Historic District, which zoning lot also contains a landmark building or style building to be preserved or, where a zoning lot is not located in the Upper East Side Historic District and the zoning lot contains a building to be preserved which the Landmarks Preservation Commission has designated as a landmark or certifies in a report by the staff or the Commission to be comparable to a style building, the City Planning Commission may authorize the waiver of the maximum building height requirements of Section 99-22 (Special Height and Setback Regulations) provided the City Planning Commission finds that:

1. the development or enlargement complies with the goals and purposes of the Special Madison Avenue Preservation District, as specified in Section 99-00 (GENERAL PURPOSES);
2. the development or enlargement will not alter either the character of the neighborhood or the character sought to be achieved by the Special District;
3. the development or enlargement will have a harmonious relationship with the building to be preserved; and
4. the Landmarks Preservation Commission reports that a program for continued maintenance of the building to be preserved has been established.