§ 81-722 Requirements for entertainment-related uses
ZR § 81-722
With the exception of a development or enlargement in which more than 50 percent of the new floor area is allocated to transient hotel use, or all of the floor area of the development or enlargement is allocated to public parking garage use, a development or enlargement on a zoning lot with more than 50 percent of its zoning lot area located within the Theater Subdistrict Core shall meet the following requirements:
(a)If the new floor area of the development or enlargement generated by that portion of the zoning lot located within the Theater Subdistrict Core exceeds 60,000 square feet, then an amount of floor space on the zoning lot equal to five percent of the amount by which such new floor area exceeds 50,000 square feet shall be allocated to uses listed in Section 81-723 (Entertainment-related uses). Except as provided in paragraphs (b), (f) and (g) of this Section, the amount of floor space specified shall be located on the same zoning lot as the development or enlargement for which that floor space is provided to meet the requirements of this Section.
(b)A maximum of 75 percent of the amount of floor space specified in paragraph (a) of this Section may be located on a separate zoning lot, with the remainder located on the same zoning lot as the development or enlargement, by authorization of the City Planning Commission provided, upon examination of proposed plans, the Commission finds that:
(1)one of the following conditions exists:
(i)more than 50 percent of the area of the separate zoning lot is located within the Theater Subdistrict Core;
(ii)the separate zoning lot is located within the Theater Subdistrict and the floor space located on such separate zoning lot is allocated in its entirety to studios (music, dancing or theatrical), a theater designed and arranged for live performances of drama, music or dance, and uses accessory thereto, or a combination thereof, as listed in Section 81-723, and that the separate zoning lot is located within the Theater Subdistrict; or
(iii)the separate zoning lot is located within an area bounded by West 42nd Street, Sixth Avenue, West 57th Street, a line 175 feet west of Ninth Avenue, West 52nd Street and a line 150 feet west of Eighth Avenue, and the floor space located on such separate zoning lot is allocated in its entirety to studios (music, dancing or theatrical), a theater designed and arranged for live performances of drama, music or dance, or a combination thereof, and any support spaces related thereto, not including administrative office space, where such floor space occupies no less than 25,000 square feet;
(2)the floor space located on the separate zoning lot is in addition to any floor space provided to meet the requirements of this Section for any other development or enlargement;
(3)the floor space located on the separate zoning lot is constructed or renovated specifically for the purpose of meeting the requirements of this Section and has not been utilized for any of the uses listed in Section 81-723 at any time during the two-year period immediately prior to the date on which this authorization, as described in paragraph (b) of this Section, is granted; and
(4)the use located on the separate zoning lot achieves a reasonable distribution of entertainment-related uses and locations of such uses.
(c)Except as provided in this paragraph (c), floor space allocated to entertainment-related uses listed in Section 81-723, accommodating any number of occupants, shall be classified under Sections 27-254 to 27-258 (Title 27, Chapter 1, Subchapter 3, Article 8 - Occupancy Group F-Assembly) of the 1968 Building Code or Section BC 303 of the 2008 Building Code, as applicable, and shall meet all relevant requirements of Sections 27-522 to 27-549 (Title 27, Chapter 1, Subchapter 8-Places of Assembly) of the 1968 Building Code or Section BC 1024 of the 2008 Building Code, as applicable. Alternatively, where floor space in an existing building is allocated to uses listed in Section 81-723 in order to meet the requirements of this Section, the Commission may, by authorization, modify or waive the Code requirements of this paragraph (c) if, upon examination of proposed plans, it finds that:
Each plaque shall indicate in letters, not less than one inch high, the amount of entertainment-related floor space in square feet, the floor or floors on which it is located, the category of use under Section 81-723 to which it is dedicated, and the name and street address of the development or enlargement for which it partially fulfills the requirements of this Section.
(d)The certificate of occupancy for the development or enlargement shall record and specifically describe all floor space allocated to meet the requirements of this Section and shall require the permanent reservation of this space for such purposes as a condition of the certificate of occupancy. If a portion of the amount of the specified floor space is located on a separate zoning lot, no certificate of occupancy for the development or enlargement shall be issued until a certificate of occupancy has been issued for that floor space provided on the separate zoning lot and all other floor space allocated to fulfill the requirements of this Section. The certificate of occupancy for the development or enlargement shall identify the amount and location of such specified floor space provided on the separate zoning lot. The certificate of occupancy of the separate zoning lot shall identify the development or enlargement for which the specified floor space is provided and the amount and location of that floor space on the separate zoning lot. Both certificates of occupancy shall require the permanent reservation of the floor space provided on the separate zoning lot for uses which meet the requirements of this Section. An amount of floor space allocated in an existing building to meet the requirements of this Section may be reallocated to another location, except that no floor space allocated in an existing building located within the Theater Subdistrict may be reallocated to another location outside the Theater Subdistrict. Such reallocation shall be made provided that the Commission finds, by authorization, that all of the requirements of this Section are still met and that the Commission has received sufficient assurances that the certificates of occupancy of the development or enlargement and the building to which the floor space has been reallocated, will be amended within a period of time after the date of such authorization specified therein to accord with the provisions of this Section.
(e)A written declaration shall be recorded against the zoning lot of the development or enlargement and against the separate zoning lot, which contains an agreement that the floor space provided on the separate zoning lot shall be used solely for entertainment-related uses for the life of the development or enlargement. If floor space allocated to entertainment-related uses on the separate zoning lot is reallocated in accordance with the provisions of paragraph (d) of this Section, the agreement contained in the written declaration shall be amended so that the zoning lot on which the newly allocated floor space is located complies with paragraph (d).
(f)If a certificate of occupancy for floor space to be located on a separate zoning lot, pursuant to the provisions of paragraph (b) of this Section, is not reasonably anticipated to be issued prior to the date upon which the development or enlargement would otherwise be eligible for issuance of a certificate of occupancy, the Commission may also authorize the waiver of any or all of the provisions of paragraphs (b)(3), (d) and (e) of this Section, provided that:
Where the Commission makes the findings set forth in paragraphs (f)(1) through (f)(4) of this Section, inclusive, a certificate of occupancy may be issued for the development or enlargement requiring the provision of such floor space, notwithstanding that no certificate of occupancy has been issued with respect to the floor space located on the separate zoning lot.
(g)In the event that all work on foundations of the building on the separate zoning lot has not been completed within three years of the grant of an authorization provided under the provisions of paragraph (f) of this Section, the owner or lessee of the development or enlargement shall, in accordance with the terms of the written declaration recorded against the development or enlargement at the time of the grant of such authorization, apply to the Commission for:
In granting such authorization for alternative floor space, the Commission may waive the provisions of paragraph (b)(3) of this Section, provided the floor space was not utilized for any of the uses listed in Section 81-723 at any time during the two-year period immediately prior to the date on which the authorization was originally granted under paragraph (b) of this Section.
(h)Floor space allocated in an existing building on a separate zoning lot, pursuant to an authorization granted under paragraph (f) of this Section, may be reallocated to another location, provided that the Commission finds, by authorization, that all applicable requirements of this Section are met, except that no floor space allocated in an existing building located within the Theater Subdistrict may be reallocated to another location outside the Theater Subdistrict.
