§ 127.

TRANSFER OF PERMITTED BASIC GROSS FLOOR AREA

a.

When Allowed. The maximum permitted gross floor area for any building or development on a lot may be increased by transfer to such lot of basic gross floor area that is permitted under Section 124 of this Code but unbuilt upon an adjacent lot which is occupied by a historical, architectural or aesthetic landmark that has been so designated by the Board of Supervisors pursuant to Article 10 of this Code. For the purposes of this Section, an “adjacent lot” is one which either abuts for a distance not less than 25 feet along a side or rear lot line of the lot to which the basic gross floor area transfer is made (hereinafter referred to as the “transferee lot”), or would so abut for such a distance if not separated solely by a street or an alley.

b.

Required Documentation. No transfer of permitted basic gross floor area shall be effective under this Section unless an instrument, legally sufficient in both form and content to effect such a transfer, has been entered into among all the parties concerned, except that if both the adjacent lot and the transferee lot are in one ownership no such instrument shall be necessary. An attested copy of the said instrument of transfer shall be filed with the Department of City Planning prior to approval by said Department of any building permit application affected by such transfer. In addition, no transfer of permitted basic gross floor area shall be effective under this Section in any case unless a further document in a form approved by the City Attorney has been executed by the parties concerned, and by the Zoning Administrator, and recorded in the office of the County Recorder, serving as a notice of the restrictions under this Section applying both to the adjacent lot and to the transferee lot by virtue of this arrangement for transfer of permitted basic gross floor area. This notice of restrictions shall include a specific reference to the aforesaid instrument of transfer, except where both the adjacent lot and the transferee lot are in the same ownership.

c.

Contents of Required Documents. Both the instrument of transfer and the notice of restrictions shall specify:

1.

The amount of permitted basic gross floor area to be transferred, the total amount permitted on the transferee lot by virtue of the transfer, and the remaining amount permitted on the adjacent lot;

2.

The duration of the transfer, which shall be specified to be not less than the actual lifetime of any building on the transferee lot whose construction is made possible, in whole or in part, by the transfer;

3.

The effects of any subsequent changes in the basic floor area ratio limit under this Code upon the permitted basic gross floor area for both lots; and

4.

The effects of any subsequent changes in the size of either lot, whether by virtue of conveyance, condemnation or otherwise, upon the permitted basic gross floor area for both lots.

d.

Limitations. No transfer of permitted gross floor area shall serve to increase the total gross floor area permitted under this Code on the adjacent lot and the transferee lot taken together, either presently or prospectively. No building permit application shall be approved by the Department of City Planning at any time, nor shall any building permit be issued by any City department at any time, if the result of such approval or issuance would be to increase the total permitted gross floor area of both such lots taken together above such total as calculated on the basis of the floor area ratio limits prevailing at that time for such lots.

e.

Completed Transfers. Any transfer of permitted gross floor area completed prior to the effective date of this Section shall be effective notwithstanding the location of the transferee lot outside the C-3-O District and notwithstanding the aggregate transfer of more than ½ the gross floor area permitted on the adjacent lot under the basic floor area ratio limit, provided all other conditions of this Section have been met.

f.

Any restrictions or limitations imposed upon any lot by virtue of the transfer of gross floor area permitted by this Section shall remain in effect notwithstanding an amendment of this Section which removes authorization for such a transfer.

History

(Amended by Ord. 414-85, App. 9/17/85)

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