§ 132-212 Certification to allow a limited increase in street wall width
ZR § 132-212
In Special Enhanced Commercial District 2, a non-residential establishment may extend its street wall beyond the maximum width set forth in Section 132-21, and the required number of such establishments may be reduced, upon certification by the Chairperson of the City Planning Commission to the Department of Buildings that:
the proposed establishment does not exceed a maximum street wall width of 60 feet; and
the applicant has submitted an affidavit attesting to and including information that: at the time of application for extension, the use has existed within such building for a period of one year; and such existing establishment cannot extend without increasing the street wall width for such establishment because of: physical restrictions created by the building design, including, but not limited to, the location of existing structural walls and vertical circulation cores; the presence of other uses with ongoing or expected occupancy within such building; or regulatory limitations; and
at the time of application for extension, the use has existed within such building for a period of one year; and
such existing establishment cannot extend without increasing the street wall width for such establishment because of: physical restrictions created by the building design, including, but not limited to, the location of existing structural walls and vertical circulation cores; the presence of other uses with ongoing or expected occupancy within such building; or regulatory limitations; and
physical restrictions created by the building design, including, but not limited to, the location of existing structural walls and vertical circulation cores;
the presence of other uses with ongoing or expected occupancy within such building; or
regulatory limitations; and
the applicant has demonstrated that, at the time of application, not more than one non-residential establishment, either existing or with an approved certification or authorization pursuant to Sections 132-212 and 132-213 that has not lapsed, has a street wall width exceeding 40 feet on either the same block frontage containing the applicant’s establishment, or on the block frontage directly across the street from the block containing such establishment, or on the blocks fronting on the commercial street immediately adjacent to the north and south of the block containing such applicant’s establishment. In order to demonstrate such conditions, the applicant shall: submit photographs or dimensioned elevation drawings to verify compliance with the conditions specified in this paragraph (c); and provide at the time of application, pursuant to Sections 132-212 and 132-213, evidence of any other approved applications for certifications or authorizations that have not lapsed in the geographic boundaries set forth in this paragraph (c).
submit photographs or dimensioned elevation drawings to verify compliance with the conditions specified in this paragraph (c); and
provide at the time of application, pursuant to Sections 132-212 and 132-213, evidence of any other approved applications for certifications or authorizations that have not lapsed in the geographic boundaries set forth in this paragraph (c).
A copy of an application for certification pursuant to this Section shall be sent by the Department of City Planning to the affected Community Board, which may review such proposal and submit comments to the Chairperson of the City Planning Commission. If the Community Board elects to comment on such application, it must be done within 30 days of receipt of such application. The Chairperson will not act on such application until the Community Board’s comments have been received, or the 30-day comment period has expired, whichever is earlier.
A certification granted pursuant to this Section shall automatically lapse if substantial construction, in accordance with the plans for which such certification was granted, has not been completed within one year from the effective date of such certification.
