104-60

MODIFICATION OF BULK REQUIREMENTS AND TRANSFER OF FLOOR AREA BY SPECIAL PERMIT

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The City Planning Commission may, by special permit:

  1. modify the special height and setback requirements of Section 104-30 (SPECIAL HEIGHT AND SETBACK REQUIREMENTS), inclusive, provided the Commission finds that such modifications are necessary to:
    1. meet programmatic and mechanical requirements;
    2. achieve a better distribution of bulk on the zoning lot and will not adversely affect access to light and air for surrounding public access areas, streets, buildings and properties;
    3. provide flexibility of architectural design and encourage more attractive building forms; and
    4. result in a development or enlargement that is compatible with development in the surrounding area.
  2. permit the transfer of floor area from any granting site to a receiving site for a development that requires modification of the special height and setback requirements of Section 104-30, inclusive, provided the Commission finds:
    1. such transfer complies with the general requirements set forth in paragraphs (a), (b), (c) and (d) of Section 104-51;
    2. the distribution of floor area on the receiving site does not adversely affect the character of the surrounding area by unduly concentrating floor area in any portion of Subdistrict A; and
    3. where such transfer is from a granting site on Blocks A, C or D, it shall also comply with the provisions of paragraphs (b) and (c) of Section 104-52 (Transfer of Floor Area by Notice).
  3. modify the applicable bulk requirements for any development or enlargement that is subject to the provisions of Section 74-681 (Development within or over a railroad or transit right-of-way or yard), except floor area ratio provisions, provided that such bulk modifications will:
    1. not unduly obstruct access to light and air to surrounding streets and properties; and
    2. be compatible with the essential character of the surrounding area.

The Commission may prescribe additional conditions and safeguards to minimize adverse effects of the development or enlargement on the character of the surrounding area.

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