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What is NYC ZR § 81-742?

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This section designates specific theaters as 'listed theaters' and outlines restrictions on their demolition. Demolition permits may only be issued under certain conditions, including safety concerns or special permits from the City Planning Commission. Applies to owners of theaters listed in this section.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 81-742 Listed theaters

ZR § 81-742

(a)Designation of listed theaters “Listed theaters” are theaters to which special provisions of this and other Sections as set forth in 81-741 (General provisions) apply, and are predominantly free-standing theaters with full stage and wings. The theaters as identified on August 6, 1998, in the table in this Section, are designated as “listed theaters.”

LISTED THEATERS

Theater Name

Address

Block Number

Lot Number

Ambassador

215 West 49th St.

1021

15

Barrymore

243 West 47th St.

1019

12

Belasco

111 West 44th St.

997

23

Biltmore

261 West 47th St.

5

Booth

222 West 45th St.

1016

Broadhurst

235 West 44th St.

11

Broadway

1681 Broadway

1024

46

Brooks Atkinson

256 West 47th St.

1018

57

City Center

131 West 55th St.

1008

Cort

138 West 48th St.

1000

49

Ed Sullivan

1697 Broadway

1025

43

*Empire

236 West 42nd St.

1013

50

Eugene O'Neill

230 West 49th St.

1020

53

Forty-Sixth St.

226 West 46th St.

1017

48

Golden

252 West 45th St.

58

*Harris

226 West 42nd St.

45

Helen Hayes

240 West 44th St.

1015

51

Henry W. Miller

124 West 43rd St.

995

Hudson

139 West 44th St.

Imperial

249 West 45th St.

10

*Liberty

234 West 42nd St.

Longacre

220 West 48th St.

Lunt-Fontanne

205 West 46th St.

20

Lyceum

149 West 45th St.

998

8

*Lyric

213 West 42nd St.

1014

39

Majestic

245 West 44th St.

Mark Hellinger

237 West 51st St.

1023

Martin Beck

302 West 45th St.

1035

37

Music Box

239 West 45th St.

Nederlander

208 West 41st St.

1012

30

Neil Simon

250 West 52nd St.

54

*New Amsterdam

214 West 42nd St.

*New Amsterdam-Roof Garden

*New Apollo

234 West 43rd St.

Palace

1564 Broadway

999

63

Plymouth

236 West 45th St.

Ritz

225 West 48th St.

14

Royale

242 West 45th St.

55

St. James

246 West 44th St.

*Selwyn

229 West 42nd St.

17

Shubert

225 West 44th St.

Studio 54

254 West 54th St.

*Times Square

219 West 42nd St.

*Victory

209 West 42nd St.

25

Virginia

245 West 52nd St.

7

Winter Garden

1634 Broadway

1022

2

Indicates theaters which do not qualify as a “granting site" pursuant to Section 81-744

In the case of an existing legitimate theater that received a floor area bonus pursuant to regulations in effect prior to May 13, 1982, no provisions of this amendment shall be construed as changing any previously existing responsibility of the owner or lessee of such theater for continuance of its use as a legitimate theater.

(b)Restrictions on demolition of listed theaters No demolition permit shall be issued by the Department of Buildings for any theater listed in this Section as a “listed theater," unless:

(1)it is an unsafe building and demolition is required pursuant to the provisions of Title 28, Article 216 of the New York City Administrative Code;

(2)it has been designated a landmark by the Landmarks Preservation Commission and a notice to proceed has been issued to the owner pursuant to Section 25-309 of Title 25, Chapter 3, of the New York City Administrative Code permitting demolition that contemplates removal of the theater from theater use; or

(3)the City Planning Commission, by special permit, allows its demolition in accordance with the provisions of paragraph (c) of this Section.

(c)Special permit for demolition of listed theaters The City Planning Commission may allow, by special permit, the demolition of a theater designated as a "listed theater" pursuant to this Section, provided the Commission finds that the demolition of the theater structure will not unduly diminish the character of the Theater Subdistrict as a cultural, entertainment and theatrical showcase. In making this determination, the Commission may consider any or all of the following:

(4)that the applicant’s plans, if any, for replacement of the theater structure with a development or enlargement contain replacement uses supportive of the character of the Theater Subdistrict.

As a condition of the special permit, there shall exist a legal commitment binding upon all parties in interest of the zoning lot containing the theater that any development or enlargement on a zoning lot containing a portion or all of the former site of the “listed theater”, that floor space at least equivalent in amount to the total floor area of the theater shall be reserved or devoted exclusively to uses described in Section 81-723 (Entertainment-related uses) and meeting the requirements of paragraphs (b) and (c) of Section 81-722 (Requirements for entertainment-related uses) for the life of such development or enlargement. Notwithstanding the foregoing, if the area of the zoning lot containing the theater is less than 20,000 square feet and the Commission finds that the allocation of floor space at least equivalent in amount to the total floor area of the theater to uses described in Section 81-723 is impractical or unreasonable, the Commission may permit a reduction in the amount of area allocated to such uses. Any development or enlargement on a zoning lot containing a portion or all of the former site of a “listed theater” must, however, meet the requirements of paragraphs (b) and (c) of Section 81-722 whether or not the zoning lot is located within the area described in that Section.

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