§96-21

K L M N L O P Q R P R The provisions of this Section shall apply in all Commercial Districts within the area bounded by the following: Starting 150 feet west of Eighth Avenue, south to the southern boundary of West 41st Street, west to the east side of Twelfth Avenue, north along the eastern border of Twelfth Avenue to 43rd Street, east on West 43rd Street to the eastern side of Tenth Avenue, south along Tenth ‚ ‚ y y [ [ d d q q [ [ e n f d f e Z i e [ Z h f a q b f e d Z r [ i e d Z [ o f u q [ d h e l [ a i i d t o f f k q › d l [ a h e t i € f d k l

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e Z – i l Street, east to a point 150 feet west of Eighth Avenue, south to the southerly boundary of 41st Street. (a) Special use regulations ‹ d e Z [ € d l ] e i [ [ e [ i s [ e [ i ‚ i [ a n a h h Z f u d d ‚ ^ ^ [ d l } ‚ f k e Z h c Z a ^ e [ i n e Z [ k f b b f u d r special use regulations shall apply: (1) Π⠪ k d i k _ [ t ˆ q f ^ h l [ Ž y [ ‹ ‹ b f ˆ ^ l s [ y [ [ d b e f ˆ ^ f [ l i ˆ ˆ [ f d i b ˆ r a i [ d s [ b a i r [ d [ l e ˆ ˆ e a Z k e a [ e i d š a _ d q b q l a [ h t i ˆ — q ˜ h n [ € h • ˆ • b œ h n e [ h Z l a q b b d o l [ [ i ^ Œ [ i k s k _ e [ e [ h l d f “ d b h t [ pursuant to Section 93-13 j ] ^ [ _ a b Œ k k _ [ “ h [ p [ r q b a e f d h m v (2) Automobile showrooms and repairs In Subarea 1, on the block bounded by Twelfth Avenue, West 43rd Street, Eleventh Avenue and West 42nd Street, automobile dealers listed under Use Group VI may be permitted within a completely enclosed building, below the level of any floor occupied by dwelling units, and such establishments may include repair services or preparation of automobiles for delivery, provided that: (i) access for automobiles to the portions of the building to be used for vehicle storage, preparation of automobiles for delivery, and automobile repairs shall be located on West 43rd Street; (ii) areas within the building used for vehicle storage, preparation of automobiles for delivery, or automobile repairs shall not be used for accessory parking for other uses on the zoning lot; except that such areas may be accessed from a curb cut, vehicular ramp, or vehicle elevator that also serves an accessory group parking facility; and (iii) the portions of the building used for the preparation of automobiles for delivery and automobile repairs shall be located entirely in a cellar level. (b) Floor area regulations (1) Floor area regulations in Subarea 1 ‹ d ] q o a i [ a — f k e Z [ € d l ] e i [ [ e [ i s [ e [ i ‚ i [ a a h h Z f u d d ‚ ^ ^ [ d l } ‚ n k f i developments or enlargements on qualifying transit improvement sites, a #floor area bonus for mass transit station# improvements may be granted by the City b a d d d r c f s s h h f d ^ q i h q a d e e f e Z [ ^ i f y h f d h f k ] [ _ e f d 66-51 (Additional Floor ‚ i [ a k f i ~ a h h Y i a d h e ] e a e f d ‹ s ^ i f y [ s [ d e h m v (2) Floor area regulations in Subarea 2 ‹ d ] q o a i [ a € f k e Z [ € d l ] e i [ [ e [ i s [ e [ i ‚ i [ a n a h h Z f u d d ‚ ^ ^ [ d l } ‚ n k f i ˆ z f d d r lots containing developments or enlargements with qualifying affordable housing or qualifying senior housing, the maximum residential floor area ratio# shall be 12.0, and where such maximum residential floor area ratio is achieved, the maximum permitted floor area ratio may be increased from 12.0 to 15.0 for new legitimate theater use in accordance with the provisions of Section 96-25 (Floor Area w f d q h k f i [ u Y Z [ a e [ i “ h [ m v Any development or enlargement on a zoning lot that includes the area bounded by a line 129 feet east of and parallel to Tenth Avenue, West 42nd Street, a line 184 feet east of and parallel to Tenth Avenue, and a line 50 feet south of and parallel to West 42nd Street shall provide an easement or other agreement for public access to the h q o u a t s [ z z a d d [ f i h e a e f d n a h b b q h e i a e [ l f d e Z [ g h e i _ e ~ a ^ d ‚ ^ ^ [ d l } ‚ f k e Z h Chapter. An instrument establishing such transit easement or other agreement shall be filed and l q b t i [ _ f i l [ l d e Z [ w f i f q r Z Œ k k _ [ f k e Z [ c e t p [ r h e [ i f k e Z [ c e t f k [ u … f i ’ n a d l indexed against the property. Floor space within the volume governed by such transit easement or other agreement shall be excluded from the definition of floor area, and may be temporarily used by the owner of the zoning lot for any permitted uses until such time as required by e Z [ ~ [ e i f ^ f b e a d Y i a d h ^ f i e a e f d ‚ q e Z f i e t f i o t e h l [ h r d [ [ k f i h q o u a t ^ q i ^ f h [ h v Improvements or construction of a temporary nature within the volume governed by such transit easement or other agreement for such temporary uses shall be removed by the owner of the zoning lot prior to the time at which public use of the volume area is required. A minimum notice of six months in writing shall be given by the ~ [ e i f ^ f b e a d Y i a d h ^ f i e a e f d ‚ q e Z f i e t e f e Z [ f u d [ i f k e Z [ ˆ z f d d r b f e ˆ d f i l [ i e f vacate the tenants of such temporary uses. The provisions of paragraph (b) of Section 93-65 (Transit Facilities) shall apply to any subway-related uses consisting of ventilation facilities and other facilities or services used or required in connection with the operation of a subway line or station on the tax b a f h e b f q b b _ a h e e i [ a l e [ a l e w f d b f _ e Z ’ [ — g • œ h — e n i ‰ _ f e e ~ € a n ^ [ } d h e ‚ d ^ r ^ f [ d d l Œ } _ e ‚ f o f [ k i e € Z ” h n € c • Z — a • ^ n e q [ i ^ v e f a Z [ ` r Z e f k ” – k [ [ e n (c) Retail continuity requirements The underlying ground floor level streetscape provisions set forth in Section 32-30 j ˆ ] h Y e i p [ [ Š e Š ˆ Y k i ] f c d ‚ e a

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a ` ^ d ^ e b Z t n a [ d } l _ [ Y ^ u e [ e Z b k a e e Z ˆ ‚ r y i f [ d q q d [ l h k h b Z f a f b i b b o [ [ y [ b ˆ considered Tier C street frontages (d) Street wall continuity requirements The street wall location provisions of paragraph (b)(2) of Section 23-431 shall apply except that, the street wall shall extend up to minimum height of 45 feet above curb level or the height of the building, whichever is less, and no more than 85 feet. Above this required height, the street wall of a building shall set back at least five feet. The requirements of this paragraph shall also apply to any building on a wide street frontage within a distance of 50 feet from its intersection with West 42nd Street. (e)

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_ € [ d l ] e i [ [ e [ i s [ e [ i ‚ i [ a n a h h Z f u d d ‚ ^ ^ [ d l } ‚ n ^ [ l [ h e i a d circulation space shall be provided in accordance with the provisions of Section 37-50. In addition, for developments or enlargements that provide subway entranceways constructed after December 21, 2005, one and one-half times the area of such entranceway accessible to the public at street level may qualify as pedestrian circulation space, up to a maximum amount of 3,000 square feet. (f) Special curb cut and parking provisions

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Y € d Z l [ ^ ] a e i i [ ’ [ d e r [ ^ i i f s y [ h f e [ i d ‚ h i f [ k a n e Z a h [ h ˆ [ ] e ^ k [ f _ i a e Z b d Section 93-80 j Œ ‘ ‘ ] Y p Š Š Y ‚ p Ÿ ‹ ™ p Š ™ “ ‰ ‚ Y ‹ Œ ] m n [ } _ [ ^ e e Z a e h q _ Z ^ a i ’ d r provisions shall not apply to any development or enlargement for which a special permit u a h r i a d e [ l ^ i f i e f š a d q a i t — ˜ n € • • œ v Any development or enlargement for which a building permit has been lawfully issued prior to December 31, 2004, shall comply with either the parking regulations in effect at the time the permit was issued, or the provisions of this paragraph (f).