The "Special Lower Manhattan District" established in this Resolution is designed to promote and protect public health, safety, general welfare and amenity. These general goals include, among others, the following specific purposes:

(a)        encourage development of a 24-hour community through the conversion of older commercial buildings to residential use;

(b)        facilitate maximum design flexibility of buildings and enhance the distinctive skyline and streetscape of Lower Manhattan;

(c)        improve public use and enjoyment of the East River waterfront by creating a better physical and visual relationship between development along the East River and the waterfront area, public access areas and the adjoining upland community;

(d)        enhance the pedestrian environment by relieving sidewalk congestion and providing pedestrian amenities;

(e)        restore, preserve and assure the use of the South Street Seaport Subdistrict as an area of small historic and restored buildings, open to the waterfront and having a high proportion of public spaces and amenities, including a South Street Seaport Environmental Museum, with associated cultural, recreational and retail activities;

(f)        establish the Historic and Commercial Core to protect the existing character of this landmarked area by promoting development that is harmonious with the existing scale and street configuration;

(g)        establish the Water Street Subdistrict to improve the urban design relationship between existing buildings and open areas by promoting retail activities and the enhancement of existing public spaces with new amenities in this area; and

(h)        promote the most desirable use of land and thus conserve and enhance the value of land and buildings, and thereby protect the City's tax revenues.

For all buildings or other structures in the Special Lower Manhattan District, the height and setback regulations of the underlying districts are superseded by the regulations of this Section.

The height of all buildings or other structures shall be measured from curb level.

The off-street parking regulations of Article 1, Chapter 3 (Comprehensive Off-street Parking and Loading Regulations in the Manhattan Core) and the loading regulations of the underlying districts apply to the Special Lower Manhattan District, except as supplemented or modified by the provisions of this Section.

Developments or enlargements in the former Special Greenwich Street Development District built prior to August 27, 1998, will continue to be governed by the regulations in effect at the time of issuance of the building permit and can only be modified or altered by Sections 91-71 through 91-73, inclusive.

The following regulations shall apply to arcades and publicly accessible open areas existing on June 21, 2016, located within the Water Street Subdistrict as shown on Map 8 in Appendix A of this Chapter except for the plaza that was the subject of special permit application CP-20518, approved by the City Planning Commission on November 27, 1968.

For the purposes of this Section, inclusive, “arcade” shall refer to an arcade or through block arcade provided in accordance with the provisions of Sections 12-10 (DEFINITIONS) and 37-80 (ARCADES), or any other arcade that generated a floor area bonus as evidenced by plans approved by the Department of Buildings.

A horizontal enlargement permitted by Sections 91-83 (Retail Uses Within Existing Arcades), inclusive, or 91-841 (Authorization for retail uses within existing arcades) shall not be included as floor area, and such additional area shall not result in a reduction of the permitted floor area.

No arcade may be eliminated or reduced in size pursuant to paragraphs (a) or (d) of Section 33-124 (Existing public amenities for which floor area bonuses have been received). In lieu thereof the following provisions shall apply: Sections 91-83, 91-841 and, as applicable, Section 91-85 (Special Permit for Enlargements of 7,500 Square Feet or Greater).

For any zoning lot that was the subject of application C810325ZSM, C810506ZSM or C841070ZSM, a certification pursuant to Section 91-83 or an authorization pursuant to Section 91-841 shall not result in a departure from the findings and conditions specified in the applicable special permit, and such certification or authorization shall not require modification of the applicable special permit unless such a modification is required pursuant to a related restrictive declaration. For the zoning lot that was the subject of application C810325ZSM, the existing through block arcade shall not be eliminated, but may be modified in size and configuration provided that the standards for through block arcades set forth in Section 12-10 are met.

Public events may take place within a publicly accessible open area or arcade pursuant to the provisions of Section 91-81 (Events Within Public Access Areas). Publicly accessible tables, chairs, shade umbrellas and heating lamps may be located within a publicly accessible open area or arcade pursuant to the provisions of Section 91-82 (Amenities Within Public Access Areas). An outdoor cafe may be located within an arcade pursuant to Section 91-821 (Certification for outdoor cafes within arcades).

A horizontal enlargement of the ground floor and second floor levels may be permitted within arcades, or portions thereof, located within Area A in Map 9 of Appendix A of this Chapter pursuant to the provisions of Section 91-83, and within Area B pursuant to the provisions of Section 91-841. In addition, a horizontal enlargement of 7,500 square feet or greater shall also require a special permit pursuant to Section 91-85. For the purposes of calculating the total area of the horizontal enlargement that is subject to the special permit, the aggregate area of the horizontal enlargement permitted by prior certifications pursuant to Sections 91-83 and 91-837 (Subsequent design changes) and prior authorizations pursuant to Section 91-841 shall be included in such calculation, except the area of an indoor public space shall be excluded from such calculation. In no event shall an enlargement be permitted within arcades, or portions thereof, located within Area C on Map 9 in Appendix A of this Chapter.

The "Special Park Improvement District" established in this Resolution is designed to promote and protect public health, safety, general welfare and amenity. These general goals include, among others, the following specific purposes:

(a)        to preserve and protect the unique character and architectural quality of the residential part of Fifth Avenue and Park Avenue which includes many landmarks and other cultural buildings;

(b)        to provide alternatives to plaza and arcade development along Fifth Avenue and Park Avenue which are redundant in view of the existence of Central Park and the Park Avenue malls;

(c)        to channel private expenditures which would otherwise be spent on redundant facilities into development, beautification and maintenance of proximate public parks and other public areas;

(d)        to encourage the development of buildings compatible with the height of present development; and

(e)        to promote the most desirable use of land in this area and thus to conserve the value of land and buildings and thereby protect the City's tax revenues.

For any zoning lot located between Fifth Avenue, Duke Ellington Circle, East 109th Street and East 110th Streets:

1. commercial uses shall only be permitted beyond 100 feet of Fifth Avenue and shall be restricted to uses listed under Offices in Use Group VII;
2. the underlying district sign regulations shall not apply. In lieu thereof, signs accessory to a commercial use shall conform with all the sign regulations applicable in C1 Districts, except that illuminated signs shall not be permitted and, within 100 feet of Fifth Avenue, signs shall conform with the sign regulations for Residence Districts set forth in Section 22-20; and
3. the underlying ground floor level streetscape provisions set forth in Section 32-30 (STREETSCAPE REGULATIONS), inclusive, shall apply, except that any ground floor level use limitations shall be modified to reflect the use provisions of this Section.

The underlying floor area regulations shall apply except as modified in this Section.

For developments or enlargements on qualifying transit improvement sites, a floor area bonus for mass transit station improvements may be granted by the City Planning Commission pursuant to the provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements). For the purposes of this paragraph, defined terms additionally include those in Section 66-11 (Definitions). No other floor area bonuses shall be permitted.

Within the portion of the Special Park Improvement District located within the Manhattan Core, the provisions of Article I, Chapter 3 (Comprehensive Off-street Parking and Loading Regulations in the Manhattan Core), inclusive, shall apply. For all other portions of the Special Park Improvement District, the provisions of this Section shall apply.

In no case shall the number of accessory off-street parking spaces for a residential use exceed 40 percent of the number of dwelling units. In no case shall curb cuts for vehicular access be located on Fifth Avenue or Park Avenue or on a street within 50 feet of its intersection with the street line of Fifth Avenue or Park Avenue. No off-site accessory off-street parking facilities for any use shall be permitted within the Special District. All parking spaces accessory to residences shall be designed and operated exclusively for the long term storage of the private passenger motor vehicles used by the occupants of such residences.

The parking requirements set forth in Sections 25-31 or 36-21 shall not apply to any development for which the Commissioner of Buildings has certified that there is no way to provide the required parking spaces with access to a street in conformity with the provisions of this Section.

The “Special Hudson Yards District” established in this Resolution is designed to promote and protect public health, safety and general welfare. These general goals include, among others, the following specific purposes:

(a)        to facilitate and guide the development of an environmentally beneficial, transit-oriented business and residence district by coordinating high density development with expanded mass transit facilities, extended and improved subway lines, improved pedestrian access to mass transit facilities, improved pedestrian circulation and avoidance of conflicts with vehicular traffic;

(b)        to control the impact of buildings on the access of light and air to the streets and avenues of the Hudson Yards area and the surrounding neighborhoods;

(c)        to provide an open space network comprised of public parks, public open space and public access areas through the establishment of a large-scale plan and other controls and incentives;

(d)        to preserve the pedestrian orientation of ground floor uses, and thus safeguard a traditional quality of the City;

(e)        to preserve the low- and medium-scale residential character of the Hell’s Kitchen area;

(f)        to provide a transition between the Hudson Yards District and the Clinton community to the north;

(g)        to provide a transition between the Hudson Yards District and the Midtown South Mixed Use District to the east;

(h)        to provide a transition between the Hudson Yards District and the West Chelsea area to the south;

(i)        to promote the use of the Jacob K. Javits Convention Center to the west by creating an active and attractive business district that facilitates pedestrian access to the Center;

(j)        to provide flexibility of architectural design within limits established to assure adequate access of light and air to the street, and thus to encourage more attractive and economic building forms;

(k)        to provide a transition between the Hudson Yards District and the Hudson River to the west;

(l)        to facilitate the restoration and reuse of the High Line elevated rail line as an accessible, public open space through special height and setback regulations;

(m)        to promote the most desirable use of land and building development in accordance with the District Plan for the Hudson Yards and thus conserve the value of land and buildings and thereby protect the City’s tax revenues; and

(n)        to limit the amount of off-street parking based on regulations that address the anticipated needs of residents, workers and visitors to the Hudson Yards Area, consistent with the objective of creating an area with a transit- and pedestrian-oriented neighborhood character.

The use regulations of the underlying districts are modified as set forth in this Section, inclusive.

The only permitted change of use for the High Line shall be to provide publicly accessible open space in accordance with the provisions of Sections 93-71 (Public Access Areas in the Eastern Rail Yard Subarea A1) and 93-75 (Publicly Accessible Open Spaces in Subdistrict F).

The floor area regulations of this Section, inclusive, shall apply to zoning lots.

In the Special Hudson Yards District, height and setback regulations shall be as set forth in this Section, inclusive.

In Subdistricts A, B and C, and Subareas D1, D2 and D3 of the Hell’s Kitchen Subdistrict D, and Subdistrict E, the height and setback regulations set forth in paragraphs (a) through (d) of Section 93-42 (Height and Setback in Subdistricts A, B, C, D, E, F and G) shall apply, except that such regulations are modified in certain locations as set forth in this Section. Such modifications include the establishment of street wall location regulations, and minimum and maximum base heights, as shown on Map 3 (Mandatory Street Wall Requirements) of Appendix A of this Chapter. Such modifications also include depths of required setbacks, maximum length of building walls for towers, and tower lot coverage. Special provisions for recesses and sidewalk widenings are as follows:

(a)        Recesses

Where street walls are required to be located on street lines or sidewalk widening lines, ground floor recesses up to three feet deep shall be permitted for access to building entrances, and deeper recesses shall be permitted only where necessary to comply with the pedestrian circulation space provisions of Section 93-63. Above a height of 60 feet for buildings fronting upon 34th Street in Subdistrict C or above a height of 50 feet for buildings fronting upon Tenth Avenue in Subdistricts C and D, and up to any specified minimum base height, recesses are permitted provided that the aggregate length of such recesses does not exceed 30 percent of the length of the required street wall at any level, and the depth of such recesses does not exceed five feet. No limitations on recesses shall apply above any specified minimum base height or to any portion of a zoning lot where street walls are not required.

Where street walls are required to extend along the entire street frontage of a zoning lot, no recesses shall be permitted within 20 feet of an adjacent building, or within 30 feet of the intersection of two street lines, except where corner articulation rules apply.

(b)        Sidewalk Widenings

Where a street wall is required to extend along the entire street frontage of a zoning lot, and such street is intersected by a street with a mandatory sidewalk widening, no street wall shall be required within such sidewalk widening. Where corner articulation rules apply, the inner boundary of any required sidewalk widening may be considered to be the street line. The mandatory street wall requirements are illustrated on Map 3 in Appendix A of this Chapter. Where sidewalk widening lines are specified, such lines shall be parallel to and five or 10 feet from the street line, as required pursuant to Section 93-61 and illustrated on Map 4 (Mandatory Sidewalk Widenings) in Appendix A.

In Subdistrict F, the provisions of Section 93-41 (Rooftop Regulations) and Section 93-56 (Special Height and Setback Regulations in Subdistrict F) shall apply.

In Subdistrict G, the provisions of Sections 93-57 (Special Height and Setback Regulations in Subdistrict G) and 93-58 (Special Permit for Modification of Height and Setback Regulations) shall apply.

Public access shall be provided for special sites as specified in this Section, inclusive. In the event of a conflict between the provisions of this Section, inclusive, and any underlying regulation, the provisions of this Section shall govern.

No building permit shall be issued for any development or enlargement on such sites other than for an ERY Culture, Festival and Exhibit Facility until the Chairperson of the City Planning Commission certifies to the Department of Buildings that the provisions of this Section have been met.

An application for such certification shall be filed with the Chairperson showing the plan of the zoning lot; a site plan indicating the area and dimensions of all required public access areas and the location of all proposed buildings, and a detailed plan or plans demonstrating compliance with the provisions of this Section. For certifications relating to the ERY High Line and, if applicable, the Tenth Avenue Spur, the requirements set forth in paragraph (h) of Section 93-71, shall apply. For certifications relating to 450 West 33rd Street, the requirements set forth in Section 93-722 shall apply. For certifications relating to the Ninth Avenue Rail Yard, the requirements set forth in Section 93-732 shall apply.

Plans for public access areas shall be set forth in an instrument in a form acceptable to the City, and setting forth such provisions as necessary to ensure compliance with the provisions of this Section. Such instrument shall be filed and duly recorded in the Borough Office of the City Register of the City of New York and indexed against the property. Such filing and recording of the instrument shall be a precondition for the Chairperson’s certification under this Section. The recording information shall be included on the certificate of occupancy for any building, or portion thereof, on the zoning lot issued after the recording date.  

The Chairperson shall allow for the phased development of public access areas upon certification to the Commissioner of Buildings that a plan has been submitted that provides for the completion of any public access area that is integral to the development of a building or buildings within each phase. The completion of the Cultural Facility Plaza shall be deemed integral only to an ERY Culture, Festival and Exhibit Facility and to no other use or development in the Eastern Rail Yard Subarea A1. Where the public use and enjoyment of a public access area is contingent upon development on an adjacent zoning lot that has not yet occurred, the Chairperson may allow for the future development of such public access area at the time that the adjacent zoning lot is developed. For the Eastern Rail Yard Subarea A1, such phased development plan may provide for the outdoor plaza described in paragraph (b) of Section 93-71 to be constructed in phases. For 450 West 33rd Street and the Ninth Avenue Rail Yard, such phased development plan shall comply with additional provisions set forth in Sections 93-722 and 93-732, respectively.    

For any portion of any development or enlargement other than an ERY Culture, Festival and Exhibit Facility, no temporary certificate of occupancy from the Department of Buildings may be issued for any portion of any development or enlargement with a floor area ratio of 10.0 or more until the Chairperson certifies to the Department of Buildings that the public access area is substantially complete, and the public access area is open to and useable by the public. No permanent certificate of occupancy from the Department of Buildings may be issued for any portion of such development or enlargement with a floor area ratio of 10.0 or more until the Chairperson certifies to the Department of Buildings that the public access area is complete and that all public access requirements of this Section have been met in accordance with the plans for such public access areas. Notwithstanding the foregoing, for zoning lots with multiple buildings for which the Chairperson has certified that a plan has been submitted that provides for the phased development of public access areas through completion of any public access area that is integral to the development of a building or buildings within each phase, such certifications shall be made with respect to substantial completion or completion of the public access areas integral to each such phase, except as provided in paragraph (h) of Section 93-71, and Section 93-732. Issuance of a temporary or permanent certificate of occupancy for any building, or portion of a building, not occupied by an ERY Culture, Festival and Exhibit Facility shall not be conditioned upon the completion, substantial completion or improvement of the Culture Facility Plaza.

For an ERY Culture, Festival and Exhibit Facility, no temporary certificate of occupancy from the Department of Buildings may be issued for such ERY Culture, Festival and Exhibit Facility until the Chairperson certifies to the Department of Buildings that the Culture Facility Plaza described in paragraph (j) of Section 93-71 is substantially complete and open to and useable by the public and no permanent certificate of occupancy from the Department of Buildings may be issued for the ERY Culture, Festival and Exhibit Facility until the Chairperson certifies to the Department of Buildings that the Culture Facility Plaza is complete. If a moveable portion of the ERY Culture, Festival and Exhibit Facility is not initially constructed as part of the ERY Culture, Festival and Exhibit Facility but is constructed at a later date, any closure of the Culture Facility Plaza necessary for such construction shall not affect the validity of any certificate of occupancy previously issued for the ERY Culture, Festival and Exhibit Facility. No temporary certificate of occupancy for the moveable portion that is thereafter constructed, or an amended temporary certificate of occupancy for the ERY Culture, Festival and Exhibit Facility that includes the moveable portion, may be issued by the Department of Buildings until the Chairperson certifies to the Department of Buildings that the reconstructed Culture Facility Plaza is substantially complete and open to and useable by the public and no permanent certificate of occupancy for the moveable portion that is thereafter constructed, or an amended permanent certificate of occupancy for the ERY Culture, Festival and Exhibit Facility that includes the moveable portion, may be issued by the Department of Buildings until the Chairperson certifies to the Department of Buildings that the reconstructed Culture Facility Plaza is complete.

In Subdistricts A, B, C, D and E, the regulations governing permitted accessory off-street parking spaces of Article I, Chapter 3 (Comprehensive Off-street Parking and Loading Regulations in the Manhattan Core), and Article II, Chapter 5; Article III, Chapter 6; and Article IV, Chapter 4 (Accessory Off-street Parking and Loading Regulations) shall not apply, except as set forth in this Section. In lieu thereof, the provisions of this Section, inclusive, shall apply.

In Subdistricts F and G, the regulations of Article I, Chapter 3, shall apply.

1. Definitions
   1. Anti-harassment area
      
      “Anti-harassment area” shall mean the Special Hudson Yards District.
   2. Application date
      
      “Application date” shall mean the date that the Department of Housing Preservation and Development accepts a completed application for a certification of no harassment for processing.
   3. Certification of no harassment
      
      “Certification of no harassment” shall mean a certification by the Department of Housing Preservation and Development pursuant to this Section that there has not been harassment of the lawful occupants of a multiple dwelling during the inquiry period.
   4. Cure compliance lot
      
      “Cure compliance lot” shall mean a zoning lot on which low income housing is provided pursuant to a restrictive declaration in accordance with the cure provisions of paragraph (d) of this Section. A cure compliance lot may be a cure requirement lot.
   5. Cure requirement
      
      Except as otherwise provided in paragraph (e) of this Section with respect to Subareas 4 and 5 of the Hell’s Kitchen Subdistrict D of the Special Hudson Yards District, “cure requirement” shall mean floor area in an amount not less than the greater of:
      1. 28 percent of the total residential and hotel floor area of any multiple dwelling to be altered or demolished in which harassment has occurred; or
      2. 20 percent of the total floor area of any new or altered building on the cure requirement lot.
   6. Cure requirement lot
      
      “Cure requirement lot” shall mean:
      1. a zoning lot containing a multiple dwelling with respect to which the Department of Housing Preservation and Development has denied a certification of no harassment; or
      2. a zoning lot with respect to which an applicant, in lieu of seeking a certification of no harassment which would otherwise be required for the full or partial demolition or material alteration of a multiple dwelling located in the anti-harassment area, elects to seek a certification of compliance with the cure provisions of paragraph (d) of this Section and enters into a restrictive declaration.
   7. Dwelling unit
      
      “Dwelling unit” shall have the meaning set forth in the Multiple Dwelling Law.
   8. Exempt hotel
      
      “Exempt hotel” shall mean any multiple dwelling:
      1. which is a transient hotel and was a transient hotel on the referral date;
      2. in which no residential occupant is, or was on the referral date, entitled to a renewal lease or otherwise entitled to continued occupancy pursuant to the Local Housing Emergency Rent Control Act, as amended, the City Rent and Rehabilitation Law, as amended, the Rent Stabilization Law of 1969, as amended, or the Emergency Tenant Protection Act of 1974, as amended; and 
      3. which has been exempted from the provisions of this Section by written determination of the Department of Housing Preservation and Development.
   9. Exempt institutional residence
      
      “Exempt institutional residence” shall mean any multiple dwelling:
      1. the occupancy of which is restricted to non-profit institutional use and was restricted to non-profit institutional use on the referral date, and
      2. which has been exempted from the provisions of this Section by written determination of the Department of Housing Preservation and Development.
   10. Harassment
       
       “Harassment” shall mean any conduct by or on behalf of an owner of a multiple dwelling that includes:
       1. the use or threatened use of force which causes or is intended to cause any person lawfully entitled to occupancy of a dwelling unit or rooming unit in such multiple dwelling to vacate such unit or to surrender or waive any rights in relation to such occupancy;
       2. the interruption or discontinuance of essential services which
          1. interferes with or disturbs or is intended to interfere with or disturb the comfort, repose, peace or quiet of any person lawfully entitled to occupancy of a dwelling unit or rooming unit in the use or occupancy of such dwelling unit or rooming unit, and
          2. causes or is intended to cause such person lawfully entitled to occupancy of such dwelling unit or rooming unit to vacate such dwelling unit or rooming unit or to surrender or waive any rights in relation to such occupancy;
       3. a failure to comply with the provisions of subdivision (c) of section 27-2140 of article seven of subchapter five of the Housing Maintenance Code which causes or is intended to cause such person lawfully entitled to occupancy of such dwelling unit or rooming unit to vacate such unit or to waive any rights in relation to such occupancy; or
       4. any other conduct which prevents or is intended to prevent any person from the lawful occupancy of such dwelling unit or rooming unit or causes or is intended to cause such person lawfully entitled to occupancy of such dwelling unit or rooming unit to vacate such dwelling unit or rooming unit or to surrender or waive any rights in relation to such occupancy, including but not limited to removing the possessions of any occupant from the dwelling unit or rooming unit; removing the door at the entrance to the dwelling unit or rooming unit; removing, plugging or otherwise rendering the lock on such entrance door inoperable; or changing the lock on such entrance door without supplying the occupant with a key.
   11. Inquiry period
       
       “Inquiry period” shall mean a period which:
       1. commences upon the later of the referral date or a date which is 15 years prior to the application date, and
       2. terminates upon the application date;
          
          provided, however, that the Department of Housing Preservation and Development may:
          1. set such commencement date upon any date which is on or after the referral date and is more than 15 years prior to the application date where it determines that such extension of the duration of the inquiry period would further the purposes of this Section, and
          2. extend such termination date up to and including the date upon which the Department of Housing Preservation and Development determines to grant or deny a certification of no harassment.
   12. Low income housing
       
       “Low income housing” shall mean dwelling units or rooming units occupied or to be occupied by persons or families having an annual household income at the time of initial occupancy equal to or less than 80 percent of the median income for the primary metropolitan statistical area, as determined by the United States Department of Housing and Urban Development or its successors from time to time for a family of four, as adjusted for family size.
   13. Material alteration
       
       “Material alteration” shall mean any alteration to a multiple dwelling or other building, including, but not limited to, an alteration which reduces or increases the floor area of the multiple dwelling or other building, converts floor area from residential to non-residential use, changes the number or layout of dwelling units or rooming units, or adds or removes kitchens or bathrooms; provided, however, that material alteration shall not include:
       1. an incidental alteration which does not change the layout of dwelling units or rooming units, or 
       2. a repair or replacement of existing elements of such multiple dwelling or other building without materially modifying such elements.
   14. Multiple dwelling
       
       “Multiple dwelling” shall have the meaning set forth in the Multiple Dwelling Law.
   15. Referral date
       
       “Referral date” shall mean June 21, 2004.
   16. Restrictive declaration
       
       “Restrictive declaration” shall mean a legal instrument which:
       1. provides that low income housing in an amount not less than the cure requirement shall be provided in a new or altered multiple dwelling located in the anti-harassment area,
       2. provides that the low income housing must comply with the requirements of Section 27-10 (ADMINISTRATION OF AFFORDABLE HOUSING), inclusive, for rental affordable housing provided without public funding, as amended by this Chapter, unless any such requirement is waived by the Department of Housing Preservation and Development,
       3. contains such other terms as the Department of Housing Preservation and Development shall determine,
       4. has been approved by the Department of Housing Preservation and Development,
       5. runs with the land and binds all parties in interest to the cure requirement lot and their successors,
       6. runs with the land and binds all parties in interest to the cure compliance lot and their successors, and
       7. is perpetual in duration.
   17. Rooming unit
       
       “Rooming unit” shall have the meaning set forth in the Housing Maintenance Code.
2. Permit Process
   1. Unless the Department of Housing Preservation and Development has issued a certification of no harassment pursuant to paragraph (c) of this Section or has certified compliance with the cure provisions of paragraph (d) of this Section, the Department of Buildings shall not issue a permit for:
      1. the full or partial demolition of a multiple dwelling located in the anti-harassment area; or
      2. the material alteration of a multiple dwelling located in the anti-harassment area.
   2. Any permit for alterations may be exempted from the provisions of this Section by written determination of the Department of Housing Preservation and Development that such alterations are to be performed solely for the purpose of either:
      1. making the public areas of a multiple dwelling accessible to persons with disabilities without altering the configuration of any dwelling unit or rooming unit; or
      2. making a dwelling unit or a rooming unit accessible to persons with disabilities.
   3. The following structures shall be exempt from the provisions of this Section:
      1. any city-owned multiple dwelling;
      2. any multiple dwelling which is the subject of a program approved by Department of Housing Preservation and Development for the provision of housing for persons of low or moderate income and has been exempted from the provisions of this Section by written determination of the Department of Housing Preservation and Development;
      3. any multiple dwelling initially occupied for residential purposes after January 1, 1974, except for buildings which are or have been interim multiple dwellings pursuant to Article 7C of the Multiple Dwelling Law;
      4. any exempt hotel;
      5. any multiple dwelling in which occupancy is restricted to clubhouse or school dormitory use and occupancy was restricted to clubhouse or school dormitory use on the referral date; and
      6. any exempt institutional residence.
   4. Where the Department of Housing Preservation and Development has denied a certification of no harassment with respect to a multiple dwelling, the Department of Buildings shall not issue any permit with respect to any multiple dwelling or other building located on, or to be located on, the cure requirement lot except in accordance with paragraph (d) of this Section.
3. Certification of No Harassment
   1. The Department of Housing Preservation and Development shall determine and certify whether there has been harassment of the lawful occupants of a multiple dwelling during the inquiry period.
   2. There shall be a rebuttable presumption that any of the acts or omissions described in paragraph (a)(10) of this Section occurring within the inquiry period were committed by or on behalf of the owner of such multiple dwelling and that such acts or omissions:
      1. were committed with the intent to cause a person lawfully entitled to occupancy of a dwelling unit or rooming unit in such multiple dwelling to vacate such unit or to surrender or waive a right in relation to such occupancy, and
      2. materially advanced the demolition or alteration in furtherance of which the permit and certification of no harassment are sought.
   3. The Department of Housing Preservation and Development may promulgate rules regarding the implementation of this Section. Such rules may include, but shall not be limited to, provisions which:
      1. establish the information to be required in an application for certification of no harassment, the form of such application, and the manner of filing of such application,
      2. establish reasonable fees and charges to be collected from applicants for the administrative expenses incurred by the Department of Housing Preservation and Development, including, but not limited to, costs for publication of any notices, and
      3. establish the duration for which a certification of no harassment will remain effective, and
      4. authorize the recission of a certification of no harassment if the Department of Housing Preservation and Development finds either that harassment has occurred after the inquiry period or that the application for such certification of no harassment contained a material misstatement of fact. Following such recission, the Department of Buildings may revoke any permit for which such certification of no harassment was required.
   4. The Department of Housing Preservation and Development may refuse to accept, or to act upon, an application for a certification of no harassment where the Department of Housing Preservation and Development finds that:
      1. taxes, water and sewer charges, emergency repair program charges, or other municipal charges remain unpaid with respect to such multiple dwelling,
      2. such multiple dwelling has been altered either without proper permits from the Department of Buildings or in a way that conflicts with the certificate of occupancy for such multiple dwelling (or, where there is no certificate of occupancy, any record of the Department of Housing Preservation and Development indicating the lawful configuration of such multiple dwelling) and such unlawful alteration remains uncorrected; or
      3. the Department of Housing Preservation and Development has previously denied an application for a certification of no harassment pursuant to this Section.
   5. If the Department of Housing Preservation and Development determines that an application for a certification of no harassment contains a material misstatement of fact, the Department of Housing Preservation and Development may reject such application and bar the submission of a new application with respect to such multiple dwelling for a period not to exceed three years.
   6. Before determining whether there is reasonable cause to believe that harassment has occurred with respect to any multiple dwelling, the Department of Housing Preservation and Development shall publish a notice in such form and manner as shall be specified in the rules promulgated pursuant to paragraph (c)(3) of this Section. Such notice shall seek public comment regarding whether there has been harassment of the lawful occupants of such multiple dwelling from the referral date to the date of submission of comments. If the Department of Housing Preservation and Development receives comments containing material evidence that harassment occurred on or after the referral date and more than 15 years prior to the application date, the Department of Housing Preservation and Development shall, in accordance with paragraph (a)(11) of this Section, set the commencement of the inquiry period on a date prior to the date of such alleged harassment.
   7. The Department of Housing Preservation and Development shall determine whether there is reasonable cause to believe that harassment has occurred during the inquiry period.
      1. If there is no reasonable cause to believe that harassment has occurred during the inquiry period, the Department of Housing Preservation and Development shall issue a certification of no harassment.
      2. If there is reasonable cause to believe that harassment has occurred during the inquiry period, the Department of Housing Preservation and Development shall cause a hearing to be held in such manner and upon such notice as shall be determined by the Department of Housing Preservation and Development, unless the applicant waives the right to a hearing. Following receipt of the report and recommendation of the hearing officer, or receipt of a waiver of the right to such a hearing from the applicant, the Department of Housing Preservation and Development shall either grant or deny a certification of no harassment.
   8. The Department of Housing Preservation and Development may deny a certification of no harassment without a prior hearing if there has been a finding by the Division of Housing and Community Renewal or any court having jurisdiction that there has been harassment, unlawful eviction or arson at the multiple dwelling during the inquiry period.
4. Certification of Cure for Harassment
   1. The Department of Housing Preservation and Development shall not certify compliance with the cure provisions of this paragraph to the Department of Buildings unless all parties in interest to the cure requirement lot and all parties in interest to the cure compliance lot have entered into a restrictive declaration.
   2. Any permit or certificate of occupancy issued by the Department of Buildings with respect to any structure located on a cure requirement lot or a cure compliance lot shall be subject to the following conditions:
      1. The Department of Buildings shall not issue any permit, except a permit for an alteration which is not a material alteration, with respect to any structure located on the cure requirement lot unless the restrictive declaration has been recorded in the Office of the City Register and indexed against each tax lot within the cure requirement lot and each tax lot within the cure compliance lot.
      2. The Department of Buildings shall not issue any temporary or permanent certificate of occupancy for any new or existing structure or portion thereof on the cure requirement lot, other than any low income housing located on the cure requirement lot, until:
         1. the Department of Housing Preservation and Development certifies that the low income housing required by the restrictive declaration has been completed in compliance with the restrictive declaration; and
         2. the Department of Buildings has issued a temporary or permanent certificate of occupancy for each unit of such low income housing.
      3. The Department of Buildings shall include the occupancy restrictions of the restrictive declaration in any temporary or permanent certificate of occupancy for any new or existing structure or portion thereof on the cure compliance lot. Failure to comply with the terms and conditions set forth in the restrictive declaration shall constitute a violation, and a basis for revocation, of any certificate of occupancy containing such restriction.
      4. The Department of Buildings shall include the occupancy restrictions of the restrictive declaration in any temporary or permanent certificate of occupancy for any new or existing structure or portion thereof on the cure requirement lot, except where:
         1. the cure requirement lot is not the cure compliance lot; and
         2. the management and operation of the cure compliance lot is wholly controlled by, and the restrictive declaration requires that management and operation of the cure compliance lot remain wholly controlled by, an independent not-for-profit administering agent that is not affiliated with the owner of the cure requirement lot.
            

            Failure to comply with the terms and conditions set forth in the restrictive declaration shall constitute a violation, and a basis for revocation, of any certificate of occupancy containing such restriction.

   3. No portion of the low income housing required under this Section shall qualify to:
      1. increase the floor area ratio pursuant to the provisions of Section 27-10 (ADMINISTRATION OF AFFORDABLE HOUSING), inclusive, as modified by the provisions of the Special Hudson Yards District; or
      2. satisfy an eligibility requirement of any real property tax abatement or exemption program with respect to any multiple dwelling that does not contain such low income housing.
   4. Demolition in Subareas 4 and 5 of the Hell’s Kitchen Subdistrict D
      
      Notwithstanding any provision of paragraph (a)(5) of this Section or paragraph (d) of this Section to the contrary, with regard to any multiple dwelling to be demolished in Subareas 4 and 5 of the Hell’s Kitchen Subdistrict D of the Special Hudson Yards District, cure requirement shall mean floor area in an amount not less than the greater of:
      1. 40 percent of the total residential or hotel floor area of any multiple dwelling to be demolished in which harassment has occurred; or
      2. 30 percent of the total floor area of any new building on the same zoning lot as the multiple dwelling to be demolished.

The "Special Sheepshead Bay District," established in this Resolution, is designed to promote and protect public health, safety, general welfare and amenity. These general goals include, among others, the following specific purposes:

(a)        to promote and strengthen the unique character of the "Special Sheepshead Bay District" area as a prime location for waterfront-related commercial and recreational development and to help attract a useful cluster of shops, restaurants and related activities, which will complement and enhance the area as presently existing;

(b)        to encourage the provision of housing with appropriate amenities in areas suitable for residential development;

(c)        to improve vehicular and pedestrian circulation patterns by requiring limited curb cuts and uniform sidewalk widening, and encouraging the provision of public open space and other amenities as a related part of new development;

(d)        to provide an incentive for redevelopment of the area in a manner consistent with the foregoing objectives which are integral elements of the Comprehensive Plan of the City of New York;

(e)        to facilitate flood-resilient construction and open space design to reduce the potential for property damage and disruption from regular flood events; and

(f)        to promote the most desirable use of land in this area and thus to conserve the value of land and thereby protect the City's tax revenues.

The height and setback regulations set forth in Section 23-42 (Height and Setback Requirements in R1 Through R5 Districts), 34-24 (Modification of Height and Setback Regulations) and 35-62 (Commercial Districts With an R1 Through R5 Residential Equivalent), shall apply to buildings in the Special Sheepshead Bay District. 

In Areas A, B, C, D, E and F, the street wall or any other portion of a residential building or the residential portion of a mixed building, except for a structure which encloses only accessory parking fronting on the Leif Ericson Drive service road street line, shall be set back a minimum distance of 10 feet from all street lines. Such minimum setback may be modified in accordance with the provisions of Section 23-423. Beyond the initial setback distance, the building shall not exceed the maximum height as set forth in this Section.

Beyond the initial setback distances in Area A, the building shall not exceed seven stories or 85 feet, whichever is fewer.

In Areas E and F, within 75 feet of the Emmons Avenue street line, the maximum height of any portion of a building shall not be more than three stories or 35 feet, whichever is fewer. Beyond the initial setback distance of 75 feet in Areas E and F, the building shall not exceed six stories or 75 feet, whichever is fewer.

Where a plaza within the Special Sheepshead Bay District is provided in accordance with the provisions of this Chapter, such plaza shall comply with the applicable minimum design standards set forth in this Section.

(a)        Design criteria

(1)        Basic design criteria

Plazas shall comply with the standards set forth in paragraphs (a) and (b) of Sections 37-715 (Requirements for major portions of public plazas), 37-716 (Requirements for minor portions of public plazas), and 37-718 (Paving).

(2)        Access and circulation

Plazas shall meet the requirements set forth in Section 37-721 (Sidewalk frontage), and Sections 37-723 (Circulation paths) through 37-726 (Permitted obstructions), inclusive. Hours of access shall be governed by Section 37-727 (Hours of access). Accessibility for persons with disabilities shall be provided in compliance with Section 37-728 (Standards of accessibility for persons with disabilities).

Plazas shall be located no lower than curb level.

(3)        Kiosks and open air cafes

Kiosks or open air cafes shall meet the operational and service requirements as set forth in paragraphs (a) and (b) of Section 37-73 (Kiosks and Open Air Cafes), as applicable. In addition, kiosks may be placed on plazas upon certification by the Chairperson of the City Planning Commission as set forth in paragraph (c) of Section 37-73.

(4)        Seating

Seating shall meet the minimum and maximum dimensional standards set forth in paragraphs (1) through (7) of Section 37-741 (Seating).

(5)        Planting and trees

Plazas shall provide planting areas in compliance with Section 37-742 (Planting and trees). All planted areas shall consist of salt-tolerant species recommended by the Department of Parks and Recreation.

(6)        Lighting and electrical power

All plazas shall provide lighting and electrical power pursuant to the standards set forth in Section 37-743 (Lighting and electrical power).

(7)        Litter receptacles

All plazas shall provide litter receptacles pursuant to the standards set forth in Section 37-744 (Litter receptacles).

(8)        Bicycle parking

All plazas shall provide bicycle parking pursuant to the standards set forth in Section 37-745 (Bicycle parking).

(9)        Drinking fountains

A minimum of one drinking fountain shall be provided in all plazas.

(10)        Signs

All plazas shall provide entry and information plaques that contain the words “Open to the public” and information regarding the hours of access. Prohibition and accessory signage may be provided pursuant to the standards set forth in Sections 37-752 (Prohibition signs) and 37-753 (Accessory signs).

(b)        Maintenance

The owner shall be responsible for the maintenance of all plazas, including, but not limited to, litter control, management of pigeons and rodents, maintenance of required lighting levels, and the care and replacement of furnishings and vegetation within the zoning lot.

(c)        Compliance

Plazas shall be governed by the compliance requirements of Section 94-13 (Certification).

The "Special Transit Land Use District" established in this Resolution is designed to promote and protect public health, safety, general welfare and amenity. These general goals include the following specific purposes:

(a)        to minimize the conflict between normal pedestrian movements on public sidewalks and access to underground transit systems, by requiring developments within the Special District to provide access to underground transit or other subway amenities;

(b)        to reduce congestion on city streets in the vicinity of transportation nodes, by encouraging the provision of adequate underground pedestrian circulation systems;

(c)        to require adequate access of light and air to the subway mezzanines or station areas of the underground transit system and other related facilities in order to provide greater visibility and safety to below ground spaces;

(d)        to encourage development that reinforces and preserves the character of the existing communities within the area, by promoting needed pedestrian amenities;

(e)        to coordinate the present and future relationship of land uses within the Special District including weather protected public access to the underground transit system; and

(f)        to promote the most desirable use of land in the area and thus to conserve the value of land and buildings, and thereby protect the City's tax revenues.

The pavement on a public sidewalk fronting a development within the Special Transit Land Use District shall be consistent in color and material with all pavements located within the transit easement volume and in any adjoining public plaza.

The "Special Clinton District" (hereinafter also referred to as the "Special District"), established in this Resolution, is designed to promote and protect public health, safety, general welfare and amenity. Because of the unique geographical location of the Clinton community, situated between the waterfront on the west and a growing central business district on the east, it is necessary to provide specific programs and regulations which will assure realization of community and citywide goals.

These goals include, among others, the following:

(a)        to preserve and strengthen the residential character of the community;

(b)        to permit rehabilitation and new construction within the area in character with the existing scale of the community and at rental levels which will not substantially alter the mixture of income groups currently residing in the area;

(c)        to preserve the small-scale character and variety of existing stores and activities and to control new commercial uses in conformity with the existing character of the area;

(d)        to recognize the unique character of the eastern edge of the District as an integral part of the Theater Subdistrict within the Special Midtown District as well as the Special Clinton District;

(e)        to provide an appropriate transition from the mixed-use character along Eighth Avenue to the lower-scale residential character of the Clinton community on the narrow streets;

(f)        to relate the unique character of the 42nd Street Perimeter Area to the adjacent Special Hudson Yards District;

(g)        to provide amenities, such as street trees, to improve the physical environment;

(h)        to restrict demolition of buildings that are suitable for rehabilitation and continued residential use; and

(i)        to promote the most desirable use of land in the area and thus to conserve the value of land and buildings, and thereby protect the City's tax revenues, consistent with the foregoing purposes.

In the Preservation Area, the regulations of the underlying districts shall apply, except as modified in this Section, inclusive. 

The provision of this Section shall apply to all developments, enlargements, extensions or alterations. All existing buildings within the Preservation Area shall be considered complying buildings for all purposes including, but not limited to, alterations, enlargements, extensions or conversions to residential uses. Any existing building which is damaged or destroyed by any means may be reconstructed to its bulk prior to such damage or destruction. All existing legal uses in enclosed buildings shall be considered conforming uses. Except as otherwise provided in this Chapter, any existing commercial or manufacturing uses may be changed, subject to the applicable underlying district regulations, pursuant to the change of non-conforming use provisions of Sections 52-31, 52-33, 52-34, 52-35 and 52-36.

Within the Perimeter Area, the underlying provisions shall apply except as modified in this Section, inclusive. Such developments or enlargements within the Perimeter Area shall be eligible for increased floor area only pursuant to Sections 96-21 (Special Regulations for 42nd Street Perimeter Area) or 96-22 (Special Regulations for Eighth Avenue Perimeter Area). Because of increased pressures for development, the relocation and demolition provisions of Section 96-24 (Relocation and Demolition of Buildings in the Perimeter Area) shall apply therein for all demolition, development, enlargement or extensions on lots containing residential uses. All existing legal uses in enclosed buildings shall be considered conforming uses. Except as otherwise provided in this Chapter, any existing commercial or manufacturing uses may be changed to another non-conforming use only in accordance with the provisions of Sections 52-31 (General Provisions), 52-33 (Manufacturing or Related Uses in Residence Districts), 52-34 (Commercial Uses in Residence Districts), 52-35 (Manufacturing or Related Uses in Commercial Districts) and 52-36 (Non-conforming Commercial Uses in Commercial Districts).

In Area C, the regulations of the underlying districts shall apply, except as otherwise set forth in this Section, inclusive. The boundaries of Northern Subarea C1 and Western Subarea C2 are shown on the District Map in Appendix A of this Chapter.

For parcels within the blocks bounded by West 50th Street, Tenth Avenue, West 56th Street and Eleventh Avenue, within a general large-scale development that occupies zoning lots on more than one block, the City Planning Commission may permit the modification of open space required pursuant to Section 23-732 (Floor area and open space ratios in R6 through R9 Districts), as part of a special permit, pursuant to Section 74-743 (Special provisions for bulk modification), provided the Commission finds that:

1. the amount of open space provided is sufficient to meet the needs of the residents of the general large-scale development; and
2. such modification results in improved site planning.

The provisions of Sections 96-51 (Mandatory Tree Planting Provisions), 96-52 (Bulk Modifications for Public Parking Garages) and 96-53 (Conversions to Residential Use) shall apply to all areas within the Special District.

Whenever, under the provisions of the Special Clinton Interim District or any prior zoning regulation, the City Planning Commission has authorized any special permit, the status of such special permit shall not be altered by the provisions of this Chapter.

Except as provided in this Section, the regulations set forth in this Chapter shall not apply to the following areas:

1. parcels within the blocks bounded by West 50th Street, Tenth Avenue, West 56th Street and Eleventh Avenue, provided that in this area the provisions of Sections 96-40 (MODIFICATION OF GENERAL LARGE-SCALE DEVELOPMENT PROVISIONS), 96-51 (Mandatory Tree Planting Provisions) and 96-82 (C6-3X Districts) shall apply.
   
   In addition, for parcels in C6-3X Districts, bounded by West 53rd Street, Tenth Avenue, West 54th Street and Eleventh Avenue, the following shall be permitted uses below the level of any floor occupied by dwelling units: 
   1. automobile dealers listed under Use Group VI with preparation of automobiles for delivery; 
   2. automotive repair and maintenance listed under Use Group VI; and
   3. riding academies or stables listed under Use Group VIII.

For a building that, at the time of approval by the Department of Buildings, included space designed for stable use for riding academies or stables with a ceiling height in excess of 23 feet, as measured from the base plane, then any floor space occupied by accessory parking located on the floor immediately above shall be exempted from the definition of floor area.

1. the block bounded by West 49th Street, Eighth Avenue, West 50th Street and Ninth Avenue which was the site of the former Madison Square Garden;
2. property bounded by West 45th Street, the easterly right-of-way of the Amtrak Empire Line, West 44th Street and Eleventh Avenue, provided that in this area the provisions of Section 96-81 (R10 Districts) shall apply;
3. the block bounded by West 42nd Street, Ninth Avenue, West 43rd Street and Tenth Avenue; or
4. property bounded by West 56th Street, Ninth Avenue, West 57th Street and a line 200 feet west of Eighth Avenue.

The “Special 125th Street District” established in this Resolution is designed to promote and protect the public health, safety, general welfare and amenity. The general goals include, among others, the following specific purposes:

(a)        to preserve, protect and promote the special character of 125th Street as Harlem’s “Main Street” and the role of 125th Street as Upper Manhattan’s premier mixed use corridor;

(b)        to guide development on the 125th Street corridor;

(c)        to expand the retail and commercial character of 125th Street;

(d)        to provide incentives for the creation of visual and performing arts space and enhance the area’s role as a major arts, entertainment and cultural destination in the City;

(e)        to support mixed use development throughout the 125th Street corridor, including residential uses, and to provide incentives for the production of affordable housing;

(f)        to ensure that the form of new buildings is compatible and relates to the built character of the 125th Street corridor;

(g)        to enhance the pedestrian environment through appropriate ground floor uses and regulations;

(h)        to ensure, in the Park Avenue Hub Subdistrict, compatibility with the purposes of the Special East Harlem Corridors District; and  

(i)        to promote the most desirable use of land and thus conserve and enhance the value of land and buildings, and thereby protect the City’s revenue.

Signs for all uses within the Special 125th Street District shall be subject to the applicable sign requirements in Section 32-60, inclusive, subject to the modifications of Sections 97-31 through 97-34, inclusive.

Marquee signs for an arts use may be combined, subject to the requirements of Section 32-641 (Total surface area of signs).

In the event of a conflict between the provisions of this Section, 97-30, inclusive, and other regulations of the Administrative Code, the provisions of this Chapter shall apply.

Within the Special 125th Street District, for developments or enlargements, the applicable bulk regulations of the underlying districts shall apply, except as modified by the provisions this Section, inclusive.

The underlying provisions of Article II, Chapter 5, Article III, Chapter 6 and Article IV, Chapter 4 (Accessory Off-street Parking and Off-street Loading Regulations) shall apply within the Special 125th Street District, subject to modification by the regulations of this Section, inclusive.

Enclosed parking spaces, or parking spaces covered by a building, including such spaces accessory to residences shall be permitted to occupy the ground floor provided they are located beyond 30 feet of the street wall of the building.

The applicable district regulations for the location of accessory off-street parking spaces along 125th Street within the Special District may be modified, so that such facilities may be provided off-site, within a Commercial District, but at a distance no greater than 1,200 feet from the zoning lot.

The "Special West Chelsea District" established in this Resolution, is designed to promote and protect public health, safety, general welfare and amenity. These general goals include among others, the following specific purposes:

(a)        to encourage and guide the development of West Chelsea as a dynamic mixed use neighborhood;

(b)        to encourage the development of residential uses along appropriate avenues and streets;

(c)        to encourage and support the growth of arts-related uses in West Chelsea;

(d)        to facilitate the restoration and reuse of the High Line elevated rail line as an accessible, public open space through special height and setback regulations, High Line improvement bonuses and the transfer of development rights from the High Line Transfer Corridor;

(e)        to ensure that the form and use of new buildings relates to and enhances neighborhood character and the High Line open space;

(f)        to create and provide a transition to the lower-scale Chelsea Historic District to the east;

(g)        to create and provide a transition to the Hudson Yards area to the north; and

(h)        to promote the most desirable use of land in the area and thus to conserve the value of land and buildings, and thereby protect the City's tax revenues, consistent with the foregoing purposes.

The floor area provisions of this Section, inclusive, shall apply. Furthermore, special floor area transfer provisions are set forth in Section 98-30 (HIGH LINE TRANSFER CORRIDOR), inclusive.

(a)        In the Special West Chelsea District, the provisions of paragraphs (a) through (d), inclusive, of Section 93-90 (HARASSMENT) shall apply as modified in this Section.

(b)        In the Special West Chelsea District, the provisions of Section 93-91 (Demolition) shall apply.

For the purposes of this Section, the following definitions in Section 93-90 shall be modified:

Anti-harassment area

“Anti-harassment area” shall mean the Special West Chelsea District.

Referral date

“Referral date” shall mean December 20, 2004.

In addition, Section 93-90, paragraph (d)(3), is modified as follows:

No portion of the low income housing required under this Section shall qualify to:

(a)        increase the floor area ratio pursuant to the provisions of Section 27-10 (ADMINISTRATION OF AFFORDABLE HOUSING), inclusive, as modified by the provisions of the Special West Chelsea District, Special Hudson Yards District or Special Clinton District; or

(b)        satisfy an eligibility requirement of any real property tax abatement or exemption program with respect to any multiple dwelling that does not contain such low income housing.      

The "Special Madison Avenue Preservation District" as established in this Resolution is designed to promote and protect public health, safety, general welfare and amenity. These general goals include among others, the following specific purposes:

(a)        to preserve and protect the unique character and architectural quality of Madison Avenue and its surrounding area;

(b)        to preserve and enhance street life by promoting specialty shops at street level;

(c)        to introduce amenities relating to the residential character of the area; and

(d)        to promote the most desirable use of land in this area and thus to conserve the value of land and buildings and thereby protect the City's tax revenues.

Within the portion of the Special Madison Avenue District located within the Manhattan Core, the provisions of Article I, Chapter 3 (Comprehensive Off-street Parking and Loading Regulations in the Manhattan Core), inclusive, shall apply. For all other portions of the Special Madison Avenue District, the provisions of this Section shall apply.

Where accessory off-street parking is provided, in no case shall curb cuts for vehicular access be located on Madison Avenue or on a street within 50 feet of its intersection with the street line of Madison Avenue. No off-site accessory off-street parking facilities for any use shall be permitted within the Special District.

Except as modified by the express provisions of the Special Lower Manhattan District, the regulations of the underlying zoning districts shall remain in effect.

Requirements that apply generally throughout the District are set forth in the provisions for this Chapter. The provisions of Section 91-40 (MANDATORY DISTRICT PLAN ELEMENTS) specify planning and urban design features that are primarily oriented toward the accommodation and well-being of pedestrians.

For requirements that are not generally applicable but are tied to specific locations within the Special District, the locations where these requirements apply are shown on District Map 2 (Street Wall Continuity Types 1, 2A, 2B & 3), Map 3 (Street Wall Continuity Types 4 & 5), Map 4 (Designated Retail Streets) and Map 5 (Curb Cut Prohibitions) in Appendix A. Certain sign regulations that apply to landmark buildings with street walls fronting Broadway are set forth in Section 91-114.

The provisions of Article VI, Chapter 2 (Special Regulations in the Waterfront Area), shall apply to all areas of the waterfront area within the Special Lower Manhattan District, except as otherwise provided in Section 91-60 (REGULATIONS FOR THE SOUTH STREET SEAPORT SUBDISTRICT) for Piers 9, 11, 13 and 14. Piers 9, 11, 13 and 14 are shown on Maps 1 and 6 in Appendix A.

In flood zones, or for transit-adjacent sites or qualifying transit improvement sites, as defined in Section 66-11 (Definitions), in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Hazard Areas), or Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI shall control.

An existing public amenity, open or enclosed, that was a mandatory requirement or received a floor area bonus pursuant to the provisions of the former Special Greenwich Street Development District, eliminated on August 27, 1998, shall not be removed, reduced in size or in any way altered, other than pursuant to the provisions of Section 91-71 (Authorization for the Modification of Required Public Amenities).

Special regulations governing the development of three specific sites in the Special Lower Manhattan District are set forth in the following Sections:

Section 91-72        (Special Permit for Development Over or Adjacent to the Approaches to the Brooklyn Battery Tunnel)

Section 91-73        (Special Provisions for Battery Park Underpass/South Street).

For the purposes of this Chapter, matter in italics is defined in Sections 12-10 or 91-62 (Definitions).

District maps are located in Appendix A of this Chapter and are hereby incorporated and made an integral part of this Resolution. They are incorporated for the purpose of specifying locations where special regulations and requirements, as set forth in the text of this Chapter, apply.

Map 1        Special Lower Manhattan District

Map 2        Street Wall Continuity Types 1, 2A, 2B & 3

Map 3        Street Wall Continuity Types 4 & 5

Map 4        Designated Retail Streets

Map 5        Curb Cut Prohibitions

Map 6        South Street Seaport Subdistrict (Section 91-63)

Map 7        Subway Station Improvement Areas

Map 8        Water Street Subdistrict

Map 9         Water Street Subdistrict Arcades

In order to carry out the purposes and provisions of this Chapter, the South Street Seaport Subdistrict, the Historic and Commercial Core and the Water Street Subdistrict are established within the Special Lower Manhattan District and include specific regulations designed to advance the purpose of these areas:

(a)        South Street Seaport Subdistrict

The South Street Seaport Subdistrict contains certain provisions that do not apply to other areas of the Special District. Except as otherwise provided in the Subdistrict regulations, the Subdistrict is subject to all other regulations of the Special Lower Manhattan District and the underlying districts. The requirements for the South Street Seaport Subdistrict are set forth in Section 91-60 (SPECIAL REGULATIONS FOR THE SOUTH STREET SEAPORT SUBDISTRICT).

The Subdistrict is shown on Map 1 (Special Lower Manhattan District) and Map 6 (South Street Seaport Subdistrict) in Appendix A of this Chapter.

(b)        The Historic and Commercial Core

The Historic and Commercial Core has been established to promote development compatible with existing buildings that border the area whose street plan has been accorded landmark status by the New York City Landmarks Commission as the Streetplan of New Amsterdam and Colonial New York. Height and setback provisions for the Historic and Commercial Core are set forth in Sections 91-31 through 91-33.

The Core is bounded by Broadway and Wall, Whitehall and Water Streets, as shown on Map 1 (Special Lower Manhattan District) in Appendix A of this Chapter.

(c)        Water Street Subdistrict

The Water Street Subdistrict has been established to improve the urban design relationship between existing buildings and open areas by promoting retail activities and the enhancement of existing public spaces with new amenities in this area.

The Subdistrict is shown on Map 8 (Water Street Subdistrict) and Map 9 (Water Street Subdistrict Arcades) in Appendix A of this Chapter.

Within the Special Lower Manhattan District, the following Board of Standards and Appeals special permits shall not be applicable or shall be applicable only as modified.

The following special permit by the Board of Standards and Appeals shall not be applicable:

Section 73-68        (Modifications of Height, Setback and Rear Yard Regulations)

The following special permits by the Board of Standards and Appeals shall be applicable as modified:

Section 73-163        (Automotive Service Stations) shall not apply on zoning lots with frontage on any street listed on Map 2 or Map 4 in Appendix A.

Where the lot line of a zoning lot coincides with, or is within 20 feet of, the boundary of DeLury Square Park, such lot line shall be considered to be a street line for the purposes of applying all use and bulk regulations of this Resolution.

In the Special Lower Manhattan District, except as modified by the provisions of this Section, inclusive, the regulations of Section 32-60, et seq., pertaining to signs, shall apply.

The basic maximum floor area ratio on a zoning lot is specified in the table in Section 91-22 (Floor Area Increase Regulations) and may be increased only pursuant to the floor area increase and bonus provisions of this Chapter.

Notwithstanding the floor area increase and bonus provisions of this Chapter, the maximum permitted floor area ratio on a zoning lot for residential use shall be 12.0.

The basic maximum floor area ratio (FAR) of the underlying district may be increased by the inclusion of specific additional bonus floor area for a maximum floor area ratio as specified in the table in this Section.

The provisions of paragraph (a) of Section 75-422 (Certification to transfer development rights from landmarks), pertaining to the transfer of development rights from landmark sites, shall be subject to the restrictions on the transfer of development rights (FAR) of a landmark “granting lot” as set forth in this table. Wherever there may be an inconsistency between any provision in Section 75-422 and the table, the provisions of the table shall apply.

MAXIMUM FLOOR AREA RATIOS AND FLOOR AREA BONUSES BY ZONING DISTRICT

BASIC AND MAXIMUM FLOOR AREA RATIOS (FAR)

¹              for a commercial or, where permitted, manufacturing use

²              for a community facility use

³              if receiving lot is located in a zoning district with a basic maximum FAR of less than 15

⁴              if receiving lot is located in a zoning district with a basic maximum FAR of 15

⁵              maximum FAR for receiving lots less than 30,000 square feet

⁶              for zoning lots utilizing a floor area bonus pursuant to Section 66-51 (Additional Floor Area for Mass Transit Station Improvements), the maximum floor area bonus shall be 2.4 FAR

⁷              only pursuant to Section 66-51

⁸              for zoning lots containing qualifying affordable housing or qualifying senior housing, and utilizing a floor area bonus pursuant to Section 66-51, the maximum FAR shall be calculated in accordance with the provisions of such Section

⁹              for zoning lots containing qualifying affordable housing or qualifying senior housing, and utilizing a floor area bonus for public plaza, the maximum FAR shall be calculated in accordance with the provisions of paragraph (c) of Section 91-23 (Floor Area Bonus for Public Plazas).

The maximum permitted floor area on a zoning lot may be increased, in accordance with the following regulations, where a public plaza is provided that meets the requirements of Section 37-70 (PUBLIC PLAZAS):

1. A floor area bonus for a public plaza shall only be permitted for a development or enlargement that is located:
   1. outside the Historic and Commercial Core;
   2. outside the South Street Seaport Subdistrict; or
   3. beyond 50 feet of a street line of a designated street, except in C6-4 Districts, on which:
      1. retail continuity is required, pursuant to Section 91-41 (Regulations for Designated Retail Streets); or
      2. street wall continuity is required, pursuant to the regulations for Type 1 or Type 2A street walls pursuant to Section 91-31 (Street Wall Regulations).
2. Within a C6-4 District, paragraph (a)(3) of this Section shall not apply to the location of a development or enlargement. However, a floor area bonus for a public plaza shall be permitted, provided that such public plaza is located beyond 50 feet of the designated streets referenced in paragraph (a)(3) of this Section.
3. For each square foot of a public plaza, the basic maximum floor area permitted by Section 91-22 (Floor Area Increase Regulations) may be increased, in C6-4 Districts, by six square feet, to a maximum floor area ratio of 12.0, or 20 percent of the greatest floor area ratio permitted on the zoning lot and, in C5-3, C5-5 and C6-9 Districts, by 10 square feet, to a maximum floor area ratio of 18.0.
4. When a public plaza that meets the requirements for a floor area bonus is located on a zoning lot divided by a district boundary, the bonusable floor area may be credited to either portion of the zoning lot, notwithstanding the location of the public plaza or the date of the creation of the zoning lot. The amount of bonusable floor area permitted on either portion of the zoning lot shall not exceed the maximum amount of floor area permitted on such portion if it were a separate zoning lot subject to all other provisions of Article VII, Chapter 7.

Within the Special Lower Manhattan District, the City Planning Commission may grant the following special permits for increased floor area in accordance with the provisions of this Section.

For the purposes of applying the street wall regulations of this Section, developments shall include alterations and enlargements that change the height, width or location of a street wall.

All portions of buildings or other structures located above the maximum base heights specified in paragraph (a) of this Section shall provide a setback in accordance with the regulations of Section 91-32 (Setback Regulations).

1. Within the Special District, the maximum base height shall be 85 feet or 1.5 times the width of the street upon which the building fronts, whichever is greater, except as provided for the following types of street wall regulations: 
   1. Street wall regulations: Type 1 
      
      For developments that front upon a street indicated as “Type 1” on Map 2 (Street Wall Continuity Types 1, 2A, 2B and 3) in Appendix A, street walls shall extend along the entire street frontage of the zoning lot not occupied by existing buildings to remain, to a minimum base height of 150 feet or the height of the building, whichever is less. The maximum base height shall be 250 feet.
   2. Street wall regulations: Type 2A 
      
      For developments that front upon a street indicated as “Type 2A” on Map 2 in Appendix A, street walls shall extend along such entire street frontage of the zoning lot not occupied by existing buildings to remain, to a minimum base height of 85 feet or the height of the building, whichever is less. The maximum base height shall be 150 feet.
   3. Street wall regulations: Type 2B 
      
      For developments that front upon a street indicated as “Type 2B” on Map 2 in Appendix A, street walls shall extend along at least 60 percent of such street frontage of the zoning lot not occupied by existing buildings to remain, to a minimum base height of 85 feet or the height of the building, whichever is less. The maximum base height shall be 150 feet.
   4. Street wall regulations: Type 3
      
      For developments that front upon a street indicated as “Type 3” on Map 2 in Appendix A, street walls shall extend along the entire street frontage of the zoning lot not occupied by existing buildings to remain, to a minimum base height of 60 feet, five stories, or the height of the building, whichever is less. The maximum base height shall be 85 feet or 1.5 times the width of the street upon which the building fronts, whichever is greater.
   5. Street wall regulations: Type 4
      
      For developments that front upon a street within the Historic and Commercial Core, indicated as “Type 4” on Map 3 (Street Wall Continuity Types 4 and 5) in Appendix A, the maximum base height shall be 100 feet.
   6. Street wall regulations: Type 5
      
      For developments that front upon a street indicated as “Type 5” on Map 3 in Appendix A, no setbacks are required for any portion of a building.
2. For developments that front upon a street indicated as “Type 1” or “Type 2A,” at least 70 percent of the aggregate width of street walls shall be located on such street line. For developments that front upon a street indicated as “Type 2B,” at least 60 percent of the aggregate width of street walls shall be located within 10 feet of such street line. For developments that front upon a street indicated as “Type 3,” at least 70 percent of the aggregate width of street walls shall be located within 10 feet of such street line. The remaining 30 percent of the aggregate width of street walls may be located beyond such street lines, provided that:
   1. for street walls associated with the residential or community facility portion of a building, any such recesses deeper than 10 feet along a wide street or 15 feet along a narrow street are located within an outer court#; and
   2. where recessed areas are pedestrian circulation spaces, the requirements of Section 37-50, inclusive, shall be applied.
3. When a building fronts on two intersecting streets for which different maximum base heights are specified, the higher maximum base height may wrap around to the street with the lower maximum base height for a distance along the street line of 100 feet. However, “Type 5” street walls shall not be permitted to wrap around to the intersecting street.
4. Arcades and sidewalk widenings that meet the design standards of Section 37-53 (Design Standards for Pedestrian Circulation Spaces) shall be permitted along any street indicated as “Type 1,” “Type 2A” or “Type 3,” pursuant to paragraphs (a), (b) or (c) of this Section, provided such arcade or sidewalk widening extends along the entire block frontage or abuts another arcade, existing on August 27, 1998, of equal width and height or another sidewalk widening of equal width. In such case, the street wall requirements for paragraph (b) of this Section shall be measured from the permitted arcade or sidewalk widening.
5. The articulation allowances set forth in paragraph (d) of Section 35-631 may be applied in modifying the street wall location provisions of this Section.

In accordance with the provisions of Section 91-31 (Street Wall Regulations), setbacks are required for any portion of a building or other structure that exceeds the maximum base heights specified for the applicable street in Section 91-31.

Required setbacks shall be provided at a height not lower than any minimum base height or 60 feet where none is specified and not higher than any maximum base height specified for the applicable street in Section 91-31. The depth of the setback shall be determined by the lot area of the zoning lot, as shown in the following table:

REQUIRED DEPTH OF SETBACKS

For "Type 1" and "Type 2A and 2B" street walls, the required setbacks shall be measured from the street line.

For "Type 3" street walls, the required setbacks shall be measured from a line drawn at or parallel to the street line so that at least 70 percent of the aggregate width of street walls of the building at the minimum base height are within such line and the street line.

For all other street walls, the required setbacks shall be measured from a line drawn at, or parallel to, the street line so that at least 50 percent of the aggregate width of street walls of the building at the minimum base height are within such drawn line and the street line. However, setbacks are not required for street walls fronting upon the major portion of a bonused public plaza.

For buildings within the Historic and Commercial Core as shown on Map 1 in Appendix A, any building or portion of a building may be located within the required setback area beneath a sky exposure plane that rises from a height of 100 feet above the street line over the zoning lot at a vertical distance of six to a horizontal distance of one.

Above the maximum base height specified in Section 91-31 (Street Wall Regulations), up to a height of 300 feet, the maximum lot coverage of any zoning lot shall be 65 percent. Above a height of 300 feet, the maximum lot coverage of any zoning lot shall be 50 percent.

However, within the Historic and Commercial Core, above the maximum base height specified in Section 91-31, up to a height of 300 feet, the maximum lot coverage of any zoning lot shall be 75 percent. Above a height of 300 feet, the maximum lot coverage of any zoning lot shall be 60 percent.

For buildings fronting on more than one street where different maximum base heights are specified, the maximum lot coverage regulations specified in this Section shall apply at horizontal planes at heights corresponding to the different maximum base heights. The lot coverage at the level of the lowest plane shall apply to the portion of a zoning lot located beyond 100 feet from any street with a higher maximum base height. The lot coverage at the level of each subsequent higher plane shall apply to the portion of the zoning lot located beyond 100 feet from any street with a higher maximum base height, and shall also include those portions of the zoning lot where lower base heights apply. The highest horizontal plane shall be established over the entire zoning lot.

For any portion of a building above a height of 300 feet, the maximum horizontal dimension, measured in any direction, shall not exceed 175 feet

Diagram of Maximum Horizontal Dimension

(91—34)

The City Planning Commission, by special permit, may modify:

(a)        the street wall requirements and minimum base heights of Section 91-31 (Street Wall Regulations);

(b)        the setback requirements of Section 91-32; and

(c)        where such zoning lots contain buildings existing on December 15, 1961, that exceed a height of 300 feet, the lot coverage regulations of Section 91-33 and the maximum horizontal dimension set forth in Section 91-34 (Maximum Horizontal Dimension for Tall Buildings), provided such modifications are limited to that portion of the development or enlargement between 300 and 325 feet in height, and provided the lot coverage of such portion does not exceed 55 percent.

In order to grant such special permit, the Commission shall find that:

(1)        such modifications will result in a site plan consistent with existing scale and streetscape patterns;

(2)        such modifications will ensure a harmonious relationship between the development or enlargement and the surrounding area;

(3)        such street wall modifications will enhance pedestrian circulation by providing pedestrian amenities that relieve sidewalk congestion;

(4)        such setback, lot coverage or horizontal dimension modifications will not unduly obstruct access to light and air to surrounding streets and properties; and

(5)        such setback, lot coverage or horizontal dimension modifications will result in a built form that maintains an appropriate relationship between tower and base portions of the development or enlargement.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

The underlying ground floor level streetscape provisions set forth in Section 32-30 (STREETSCAPE REGULATIONS), inclusive, shall apply, except that ground floor level street frontages along streets, or portions thereof, designated on Map 4 (Retail and Street Wall Continuity) in Appendix A of this Chapter shall be considered Tier C street frontages.

Access to each permitted establishment or use shall be provided directly from the Tier C street frontage, as shown on Map 4 in Appendix A. Where there is more than one entrance to the establishment or use from the Tier C street frontage, direct access shall be provided via the entrance with the greatest aggregate clear opening width.

Defined terms in this Section include those in Section 12-10 and Section 32-301.

Within the boundaries of the Special Lower Manhattan District, all developments or enlargements constructed after August 27, 1998, on zoning lots of at least 5,000 square feet that contain more than 70,000 square feet of new floor area shall provide pedestrian circulation space on such zoning lot in accordance with the provisions of Section 37-50.

Pedestrian circulation space shall not be required if any of the following conditions exist:

(a)        the zoning lot is entirely occupied by a building of no more than one story in height;

(b)        the zoning lot is an interior lot fronting on a wide street with less than 80 feet of street frontage;

(c)        the zoning lot is an interior or through lot fronting on a street or streets with Type 1, Type 2A, Type 2B, Type 3, Type 4 or Type 5 street wall regulations, as set forth in paragraph (a) of Section 91-31 (Street Wall Regulations);

(d)        the zoning lot is a through lot and both street frontages are less than 25 feet in length; or

(e)        the zoning lot is located in a C6-2A or C6-9 District within the South Street Seaport Subdistrict.

Where a development or enlargement is constructed on a zoning lot that contains at least 5,000 square feet of lot area and fronts on a sidewalk containing a stairway entrance or entrances into a subway station, the existing entrance or entrances shall be relocated from the street onto the zoning lot. The new entrance or entrances shall be provided in accordance with the provisions of Section 37-40 (OFF-STREET RELOCATION OR RENOVATION OF A SUBWAY STAIR). A relocated or renovated subway stair may be counted as pedestrian circulation space in accordance with the provisions of Section 37-50.

The subway stations where such improvements are required are listed in the following table and shown on Map 7 (Subway Station Improvement Areas) in Appendix A.

Accessory off-street parking spaces shall be permitted for dwelling units in non-residential buildings erected prior to January 1, 1977, or portions thereof, that are converted to residential use, provided:

(a)        no more than 200 spaces or a number of spaces equal to 20 percent of the number of dwelling units in the converted building, whichever is less, shall be permitted;

(b)        no curb cut shall be permitted on any street where the converted building has a street frontage of 40 feet or less;

(c)        no portion of any such parking facility shall be more than 23 feet above curb level;

(d)        no exhaust vents shall open onto any street or public park or publicly accessible open space, and no portion of the parking facility, other than entrances and exits, shall be visible from adjoining zoning lots, streets or parks; and

(e)        all such parking facilities shall be provided on the same zoning lot as the residential uses to which they are accessory, except as otherwise provided in Section 91-511 (Authorization for off-site parking facilities for converted buildings).

All curb cuts shall be prohibited on streets indicated on Map 5 in Appendix A, except that:

(a)        The Commissioner of Buildings may approve a curb cut where there are no alternative means of access to required off-street loading berths from other streets bounding the zoning lot.

(b)        The City Planning Commission may authorize curb cuts for loading berths, provided:

(1)        such loading berths are adjacent to a fully enclosed maneuvering area on the zoning lot;

(2)        such maneuvering area is at least equal in size to the area of the loading berth; and

(3)        there is adequate space to permit head-in and head-out truck movements to and from the zoning lot.

The City Planning Commission may refer such applications to the Department of Transportation for comment.

(c)        The City Planning Commission may authorize curb cuts for accessory parking for residences, provided such curb cuts:

(1)        will not create or contribute to serious traffic congestion or unduly inhibit vehicular and pedestrian movement; and

(2)        will not interfere with the efficient functioning of required pedestrian circulation spaces, or public transit facilities.

The City Planning Commission may refer such applications to the Department of Transportation for comment.

No curb cuts may be approved or authorized on Battery Place, Broad Street, Broadway, Liberty Street west of Broadway, Park Row South or Wall Street.

In addition, for zoning lots with frontage on streets where curb cuts are prohibited, the Commissioner of Buildings may waive required off-street loading berths pursuant to the provisions set forth in Section 13-35 (Modification of Loading Berth Requirements).

Where a curb cut is approved or authorized pursuant to this Section, the maximum width of a curb cut, including splays, shall be 15 feet for a street with one-way traffic and 25 feet for a street with two-way traffic.

The regulations of Section 91-60, et seq., relating to special regulations for the South Street Seaport Subdistrict are applicable only in the South Street Seaport Subdistrict. The boundaries of the South Street Seaport Subdistrict are shown on Map 1 (Special Lower Manhattan District) and Map 6 (South Street Seaport Subdistrict) in Appendix A. The regulations of Section 91-60, et seq., supplement or modify the regulations of this Chapter applying in general to the South Street Seaport Subdistrict area of the Special Lower Manhattan District.

In order to preserve and protect the character of the South Street Seaport Subdistrict and to implement the provisions of the Brooklyn Bridge Southeast Urban Renewal Plan, as amended, special controls and incentives are provided.

The provisions of Article VI, Chapter 2 (Special Regulations in the Waterfront Area), shall apply to waterfront zoning lots within the South Street Seaport Subdistrict. The provisions of paragraph (a) of Section 75-422 (Certification to transfer development rights from landmarks) concerning the transfer of development rights from landmark sites in C5-3, C5-5, C6-6, C6-7 or C6-9 Districts shall not apply in the South Street Seaport Subdistrict.

For purposes of this Section, matter in italics is defined in Section 12-10 (DEFINITIONS) or within this Section.

Development rights

Within the South Street Seaport Subdistrict, the basic maximum permitted floor area for a granting lot shall be that which is allowed by the applicable district regulations as if such granting lot were undeveloped, and shall not include any additional floor area bonuses for public plazas, arcades or any other form of floor area increase, whether as-of-right or by special permit. Streets located within the Subdistrict that have been closed or discontinued in whole, part or whose air space has been closed or discontinued pursuant to Section E15-3.0 of the Administrative Code, or its successor, shall have attributed to such closed area or closed air space the basic maximum permitted floor area allowed within the underlying zoning district within which such streets are situated. The lot area of a closed or discontinued volume of air space shall be measured by the area of the bed of the street lying below and within such closed or discontinued volume.

Granting lot

Within the South Street Seaport Subdistrict, a "granting lot" is a zoning lot or a closed or discontinued portion of a street or air space over a street which is identified as a granting lot, as identified on Map 6 (South Street Seaport Subdistrict) in Appendix A, upon which development is regulated by contract, lease, covenant, declaration or otherwise to assure compliance with the purposes of this Subdistrict and from which development rights may be transferred. Such zoning lots and closed portions of streets or air space over streets are identified on the map of the transfer areas (Map 6) as Parcels 6, 7 and 9 and the adjacent hatched street areas.

Person

Within the South Street Seaport Subdistrict, a "person" is an individual, corporation (whether incorporated for business, public benefit or not-for-profit purposes or otherwise), partnership, trust firm, organization, other association or any combination thereof.

Receiving lot

Within the South Street Seaport Subdistrict, a "receiving lot" is a zoning lot identified on the map of transfer areas (Map 6 in Appendix A) to which development rights may be added. Such "receiving lots" are identified on the map as Parcels 1, 2, 8, 15, 16, 20, 21 and 22.

Street

(a)        A street, as defined in Section 12-10; or

(b)        a way, designed or intended for general public circulation and use, that:

(1)        performs the pedestrian circulation functions usually associated with a way shown on the City Map;

(2)        remains open and unobstructed from the at-grade circulation level to the sky, except for public facilities customarily located on a street shown on the City Map, or those facilities permitted to be located on a street shown on the City Map, including without limitation, transitory fixtures or objects unattached to the real property encompassed by such way; and

(3)        is a designated pedestrian way, pursuant to Section 91-68.

A street, as defined in paragraph (b) of this Section, shall satisfy and apply to all references to streets provided elsewhere in the Zoning Resolution.

The South Street Seaport Subdistrict transfer areas map, shown hereto as Map 6 in Appendix A, sets forth each granting lot and receiving lot within the Subdistrict.

Within the South Street Seaport Subdistrict, development rights from each of the granting lots may be conveyed or otherwise disposed of:

(a)        directly to a receiving lot; or

(b)        to a person for subsequent disposition to a receiving lot, all in accordance with the provisions of this Subdistrict, except that with respect to zoning lots located on Parcels 6, 7 and 9, as identified on Map 6 (South Street Seaport Subdistrict) in Appendix A, only those development rights in excess of the larger of the following conditions may be so conveyed or otherwise disposed of:

(1)        an amount equal to the product of the lot area of each of such zoning lots multiplied by 5.0; or

(2)        the total floor area of all existing buildings on any such zoning lots.

The City Planning Commission shall certify such initial transfer from the granting lots. Any person may convey its interest in all or a portion of such development rights to another person but such development rights may only be used on a receiving lot.

Within the South Street Seaport Subdistrict, all or any portion of the development rights transferred from a granting lot may be added to the floor area of all or any one of the receiving lots in an amount not to exceed the ratio of 10 square feet of development rights to each square foot of lot area of such receiving lot, except that with respect to a receiving lot having a lot area of less than 30,000 square feet, the total floor area ratio shall not exceed 21.6. However, if a receiving lot is located in a C4-6 District, the total floor area ratio shall not exceed 3.4 and if a receiving lot is located in a C6-2A District, the total floor area ratio shall not exceed 8.02. Development rights transferred to a receiving lot may be applied to a mixed building to increase the floor area of the residential, commercial and/or community facility portions of such building so that the maximum floor area for such building may be increased by the aggregate of development rights so transferred. In no event shall the residential floor area ratio exceed 12.0.

The City Planning Commission shall certify that any zoning lot that utilizes such transferred development rights conforms to this Section and, for those receiving lots within the Urban Renewal Area, to the regulations and controls of the Urban Renewal Plan.

Within the South Street Seaport Subdistrict, for any zoning lot located in a C6-2A District, the underlying height and setback regulations shall apply, except that no minimum base height shall apply, and the depth of a required setback along a narrow street shall be at least 10 feet. 

Within the South Street Seaport Subdistrict, at the time of transfer of development rights from a granting lot, there shall be recorded in the Office of the Register of the City of New York, and indexed against such granting lot from which floor area is removed, an instrument removing such floor area and prohibiting construction on such zoning lot of any building or other structure which would contain floor area in excess of that still available to the zoning lot after deducting the floor area removed, such prohibition to be non-cancelable for 99 years; and at the time of the addition of development rights to a receiving lot as provided in Section 91-65, there shall be recorded in the Office of the Register of the City of New York, and indexed against such receiving lot to which floor area is added, an instrument transferring the floor area to the receiving lot benefited and identifying the granting lot (by tax block and lot number and description) from which the floor area has been removed. A certified copy of such instruments shall be submitted to the City Planning Commission upon recordation.

Within the South Street Seaport Subdistrict, the volume situated above the subsurface streets shown on the City Map, and listed in this Section are designated pedestrian ways and are governed by paragraph (b) of the definition of street as set forth in Section 91-62 (Definitions):

(a)        Fulton Street, between Water and South Streets

(b)        Water Street, between Fulton and Beekman Streets

(c)        Front Street, between Fulton and Beekman Streets, and between John and Fulton Streets

(d)        South Street (the 18-foot-wide strip located on the northwesterly side), between Beekman and John Streets.

In addition, the designated pedestrian ways referenced in paragraphs (a), (b) and (c) of this Section may be considered a single zoning lot for purposes of the definition of large-scale general development in Section 12-10 (Definitions).

Within the area bounded by South Street, the southerly edge of Pier 9, the U. S. Pierhead Line and the northerly edge of Pier 14, which, for the requirements of this Section, shall be deemed to be a single zoning lot, the City Planning Commission may, by special permit, permit modification of the bulk regulations, other than floor area ratio applicable to the zoning lot, and may modify or waive the requirements of Section 62-50 (GENERAL REQUIREMENTS FOR VISUAL CORRIDORS AND WATERFRONT PUBLIC ACCESS AREAS), in accordance with the provisions of this Section.

The special permit shall be subject to the condition that the property owner, principal lessee or licensee of property owner has entered into an agreement with the Department of Parks and Recreation to operate and maintain the publicly accessible areas in accordance with Section 62-70 (MAINTENANCE AND OPERATION REQUIREMENTS FOR WATERFRONT PUBLIC ACCESS AREAS). For purposes of this Section, such publicly accessible areas shall be deemed "waterfront public access areas."

In granting any such modifications, the Commission shall find that:

(a)        any modification of height and setback regulations results in an appropriate distribution of permitted bulk on the piers;

(b)        no buildings or other structures shall unduly obstruct the visual corridor bounded by the prolongation of the northern and southern street lines of Wall Street seaward to the U. S. Pierhead Line;

(c)        any modification will not unduly impede surface traffic and will minimize possible vehicular/pedestrian conflicts in the surrounding area;

(d)        that the seaward end of all such piers is unobstructed to the greatest extent feasible so as to maximize views northward and southward;

(e)        the development plan for such area includes an appropriate amount of publicly-accessible open space which shall incorporate appropriate design features that serve the needs of the local area, including but not limited to landscaping, lighting and seating; and

(f)        the development plan is integrated with existing and proposed nearby development.

The Commission may prescribe additional appropriate conditions and safeguards to minimize adverse effects on the character of the waterfront and surrounding area.

The City Planning Commission may authorize modifications of certain provisions of the former Special Greenwich Street Development District, eliminated on August 27, 1998, that mandated public amenities, as follows:

(a)        For any mandatory or elective public amenities or improvements built pursuant to the regulations of the former Special District that resulted in an increase in the basic maximum floor area ratio or an increase in the adjusted basic maximum floor area ratio, the Commission may authorize:

(1)        the alteration of the amenity or improvement, provided that the Commission finds that such modifications improve the intended public purpose of the amenity;

(2)        the elimination of the amenity or improvement, provided that the Commission finds that the intended public purpose is no longer useful or desirable and a new public amenity or improvement is supplied, as permitted pursuant to this Chapter, that generates the same or higher amount of bonusable floor area; or

(3)        in the case of an amenity or improvement built in excess of the requirements necessary to generate the bonus floor area at the time of development or enlargement, the elimination of such portion of the amenity not tied to the bonus floor area, provided that the Commission finds that such portion is no longer useful or desirable.

(b)        For any mandatory or elective public amenities or improvements built pursuant to the regulations of the former Special District that did not result in an increase in the basic maximum floor area ratio, the Commission may authorize the elimination or alteration of the amenity or improvement if it finds that the intended public purpose is no longer useful or desirable.

(c)        No mandatory or elective public amenity or improvement built pursuant to the regulations of the former Special District shall be eliminated or reduced in size, without a corresponding reduction in the floor area of the building or the substitution of equivalent complying area for such amenity elsewhere on the zoning lot, in accordance with the provisions of paragraph (a)(2) of this Section, except by special permit of the Commission, subject to a finding that the proposed change will provide a greater public benefit in light of the public amenity's purpose and the purposes of the Special Lower Manhattan District.

However, the open pedestrian bridge spanning Greenwich Street between Liberty and Cedar Streets may be eliminated, without recourse to the Commission, where the pedestrian access provided between the required elevated public pedestrian circulation systems is no longer useful or desired.

The Commission may prescribe appropriate conditions and safeguards in connection with the grant of such authorization.

The City Planning Commission, by special permit, may allow:

(a)        the unmapped air space above the approaches to the Brooklyn Battery Tunnel to be considered a single zoning lot and may allow the development or enlargement of a building on such unmapped air space, where the zoning lot for such development or enlargement shall include only that portion of the area above the approaches to the Brooklyn Battery Tunnel and contiguous areas of land or property that are covered by a permanent platform and not designated as approaches to the Brooklyn Battery Tunnel.

(b)        the unmapped air space above the approaches to the Brooklyn Battery Tunnel, the unmapped air space above Joseph P. Ward Street and the at-grade parcels bounding the northern street line of Joseph P. Ward Street to be deemed a single zoning lot, and in connection therewith:

(1)        such zoning lot shall generate floor area only from such at-grade parcels and only those portions of the unmapped air space above the approaches to the Brooklyn Battery Tunnel covered by a permanent platform or building existing on November 15, 2007;

(2)        no floor area shall be generated from the unmapped air space above Joseph P. Ward Street; and

(3)        unused floor area generated from those portions of the unmapped air space above the approaches to the Brooklyn Battery Tunnel covered by a permanent platform or building existing on November 15, 2007, shall only be located on the at-grade parcels bounding the northern street line of Joseph P. Ward Street and shall only be used for residential floor area.

Notwithstanding any of the foregoing, the use and occupancy of the unmapped air space above the approaches to the Brooklyn Battery Tunnel and of the at-grade parcel bounding the northern street line of Joseph P. Ward Street and shown on the City Map, as amended October 3, 1946, as an approach to the Brooklyn Battery Tunnel by the New York State Triborough Bridge and Tunnel Authority, may be continued and in effect as set forth in Resolutions of the former New York City Board of Estimate and as otherwise permitted by law.

The at-grade parcels of the zoning lot bounding the northern street line of Joseph P. Ward Street shall be considered a through lot bounded by Washington Street and West Street from its lowest level to the sky, and only such at-grade parcels shall be used to determine compliance with applicable bulk regulations other than floor area and lot area regulations.

For purposes of this paragraph, (b), the at-grade parcels bounding the northern street line of Joseph P. Ward Street shall mean:

the at-grade parcel bounding the northern street line of Joseph P. Ward Street and shown on the City Map, as amended October 3, 1946, as an approach to the Brooklyn Battery Tunnel; and

the at-grade parcel bounding the northern line of said parcel.

In order to grant such special permit, the Commission shall find that adequate access and street frontage to one or more streets is provided; and the streetscape, site design and location of building entrances of the proposed development or enlargement will contribute to the overall improvement of pedestrian circulation within the surrounding area.

The Commission may prescribe appropriate conditions and safeguards to protect and minimize any adverse effects on the character of the surrounding area.

A zoning lot containing a development, or portion thereof, on a waterfront zoning lot, may be located within the volume above the upper limiting plane of the Battery Park Underpass/South Street, when such volume is eliminated, discontinued and closed. That portion of the zoning lot that lies above the Battery Park Underpass/South Street shall not be considered lot area for the purpose of computing maximum floor area; however, such portion shall be considered lot area for all other purposes of this Resolution.

The provisions of Article III, Chapter 7 restricting the temporary placement or storage of event-related amenities or equipment within a publicly accessible open area or arcade shall be modified by the provisions of this Section. The temporary placement or storage of event-related equipment or amenities in accordance with the provisions of this Section shall not constitute a design change pursuant to the provisions of Sections 37-625 or 91-837.

Events including, but not limited to, farmers’ markets, holiday markets, concerts and performances, art and cultural exhibitions and festivals are permitted within all publicly accessible open areas and arcades. The utilization of a publicly accessible open area or arcade for the promotion of products or services shall not itself qualify as an event permitted under this Section.

Events shall be open to the public, provide free and unticketed admission and only be permitted to use amplified sound between the hours of 9:00 a.m. and 10:00 p.m. All publicly accessible open areas and arcades shall continue to be publicly accessible at all times. Event-related amenities and equipment shall be considered temporary permitted obstructions provided that sufficient circulation space connecting all streets and building entrances exists. All publicly accessible open areas and arcades shall be restored to their approved condition within 24 hours of the conclusion of an event.

The storage of equipment or materials outside of an event’s scheduled hours, excluding time required for set up and clean up, shall not be permitted within a publicly accessible open area or arcade. However, for events taking place over multiple days or weeks, large temporary equipment that requires assembly and will be actively used during the event, such as stages, kiosks and sound and video entertainment systems, may remain in the publicly accessible open area or arcade outside of the event’s scheduled hours.

At least 30 days prior to the scheduled date of an event, notification shall be given to the local Community Board, local Council Member and Borough President of the nature, size and duration of the event.

The provisions of Article III, Chapter 7 restricting the placement of tables, chairs, shade umbrellas and heating lamps within a publicly accessible open area or arcade shall be modified by the provisions of this Section. The placement of tables, chairs, shade umbrellas or heating lamps in accordance with the provisions of this Section, inclusive, shall not constitute a design change pursuant to the provisions of Sections 37-625 or 91-837.

Publicly accessible tables and chairs, as well as shade umbrellas and heating lamps, shall be permitted obstructions within a publicly accessible open area or arcade, provided that such obstructions comply with the provisions of Section 91-822 (Requirements for furnishings), as applicable. Tables, chairs, shade umbrellas and heating lamps provided pursuant to this Section may be used by the public without restriction. Outdoor cafes may be placed within an arcade by certification pursuant to Section 91-821 (Certification for outdoor cafes within arcades).

A horizontal enlargement of the ground floor and second floor levels within an arcade located within Area A on Map 9 in Appendix A of this Chapter may be permitted upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings that such enlargement complies with the provisions of this Section, and the following conditions are met:

(a)        the horizontal enlargement meets the requirements of Section 91-831 (Ground floor requirements);

(b)        a compensating amenity is provided pursuant to the provisions of Section 91-832 for plaza improvements, Section 91-834 for indoor public spaces, or Section 91-835 for alternative improvements; and

(c)        the additional requirements of Section 91-836, as applicable.

For zoning lots with one or more publicly accessible open area, unless an alternative improvement has been identified in Section 91-835, an improvement to all publicly accessible open areas pursuant to the provisions of Section 91-832 shall be required as the compensating amenity required by condition (b) of this Section, and a certification for design changes pursuant to Section 37-625 shall not be required. Where a publicly accessible open area was improved and is fully compliant with a prior certification pursuant to Section 37-625 that was granted before January 19, 2016, the further improvement of such publicly accessible open area shall not be required.

The provision of a compensating amenity as part of a prior certification pursuant to this Section or a prior authorization pursuant to Section 91-841 (Authorization for retail uses within existing arcades) may satisfy the requirements of condition (b) of this Section for a compensating amenity.

As part of the certification, a horizontal enlargement of the ground floor level may be permitted within the area between a street wall and an arcade that did not generate a floor area bonus prior to June 21, 2016. The provisions of Section 91-831 (Ground floor requirements) shall not apply to such portion of the horizontal enlargement.

As part of the certification, a horizontal enlargement of the ground floor level may be permitted along existing building walls that do not face an arcade, and such enlargement shall not occupy any publicly accessible open area. The locational requirements of paragraph (a)(1) of Section 91-831 and the frontage prohibitions of paragraph (b)(1)(ii) of Section 91-831 shall apply to such enlargement. Where an enlargement is located adjacent to a publicly accessible open area, the use and transparency requirements of Section 91-831 for new building walls facing a publicly accessible open area shall apply.

For a horizontal enlargement of 7,500 square feet or greater, a special permit pursuant to Section 91-85 shall also be required. For the purposes of calculating the total area of the horizontal enlargement that is subject to the special permit, the aggregate area of the horizontal enlargement permitted by prior certifications pursuant to this Section and Section 91-837 (Subsequent design changes) and prior authorizations pursuant to Section 91-841 shall be included in such calculation, except the area of an indoor public space shall be excluded from such calculation.

Where any portion of the arcade remains open and accessible, such remaining arcade area shall maintain a minimum level of illumination of not less than five horizontal foot candles between sunset and sunrise. Any non-transparent portion of a building wall between columns that fronts on such arcade area shall be treated with artwork, planting or decorative material. Additional requirements for transparency in paragraph (c)(3) of Section 91-831 may apply.

The City Planning Commission may authorize a horizontal enlargement of the ground floor and second floor levels within an arcade located within Area B on Map 9 in Appendix A of this Chapter. In order to grant an authorization, the Commission shall find that:

(a)        the requirements of Section 91-831 (Ground floor requirements) are met;

(b)        a compensating amenity is provided pursuant to the provisions of Section 91-832 for plazas, Section 91-834 for indoor public spaces or Section 91-835 for alternative improvements;

(c)        sufficient unobstructed space exists adjacent to the proposed enlargement to facilitate pedestrian circulation; and

(d)        the enlargement will maintain a visual or physical connection to Water Street from another street, public park or publicly accessible open area.

As part of the authorization, the Commission may modify the requirements for the location of new building walls of paragraph (a) of Section 91-831.

For zoning lots with one or more publicly accessible open area, unless an alternative improvement has been identified in Section 91-835, an improvement to all publicly accessible open areas pursuant to the provisions of Section 91-832 shall be required as the compensating amenity required by finding (b) of this Section, and a certification for design changes pursuant to Section 37-625 shall not be required. Where a publicly accessible open area was improved and is fully compliant with a prior certification pursuant to Section 37-625 that was granted before January 19, 2016, the further improvement of such publicly accessible open area shall not be required.

The provision of a compensating amenity as part of a prior certification pursuant to Section 91-83 (Retail Uses Within Existing Arcades) or a prior authorization pursuant to this Section may satisfy the requirement of finding (b) of this Section for a compensating amenity.

As part of the authorization, a horizontal enlargement of the ground floor level may be permitted within the area between a street wall and an arcade that did not generate a floor area bonus prior to June 21, 2016. The provisions of Section 91-831 shall not apply to such portion of the horizontal enlargement.

As part of the authorization, a horizontal enlargement of the ground floor level may be permitted along existing building walls that do not face an arcade. The locational requirements of paragraph (a)(1) of Section 91-831 and the frontage prohibitions of paragraph (b)(1)(ii) of Section 91-831 shall apply to such enlargement. Where the enlargement is located adjacent to a publicly accessible open area, the use and transparency requirements of Section 91-831 for new building walls facing a publicly accessible open area shall apply.

For a horizontal enlargement of 7,500 square feet or greater, a special permit pursuant to Section 91-85 shall also be required. For the purposes of calculating the total area of the horizontal enlargement that is subject to the special permit, the aggregate area of the horizontal enlargement permitted by prior certifications pursuant to Sections 91-83 and 91-837 (Subsequent design changes) and prior authorizations pursuant to this Section shall be included in such calculation, except the area of an indoor public space shall be excluded from such calculation.

Where any portion of the arcade remains open and accessible, such remaining arcade area shall maintain a minimum level of illumination of not less than five horizontal foot candles between sunset and sunrise.

All plans for arcades, publicly accessible open areas, required open areas and indoor public spaces, once authorized, shall be filed and duly recorded in the Borough Office of the City Register of the City of New York, indexed against the property in the form of a legal instrument, in a form satisfactory to the Commission, providing notice of the authorization pursuant to this Section. The filing and recording of such instrument shall be a precondition to the issuance of a building permit. The recording information shall be included on the certificate of occupancy for any building, or portion thereof, on the zoning lot issued after the recording date. Where a compensating amenity required by paragraph (b) of this Section is located on the same zoning lot as an enlargement, no temporary or final certificate of occupancy shall be issued for any enlargement unless and until the compensating amenity has been substantially completed in accordance with the approved plans, as verified by the Department of City Planning to the Department of Buildings.

Where a compensating amenity is located within a street or public park pursuant to Section 91-835 (Alternative improvements), the applicable legal requirements of Section 91-836 (Additional requirements) shall apply.

Where a zoning lot is subject to a variance or special permit that was granted by the Board of Standards and Appeals, the requirements of paragraph (b) Section 91-836 shall apply.  

The Commission may prescribe appropriate conditions and safeguards in connection with the grant of such authorization.

In addition to any certification pursuant to Section 91-83 (Retail Uses Within Existing Arcades), inclusive, or an authorization pursuant to Section 91-841 (Authorization for retail uses within existing arcades), the City Planning Commission may permit a horizontal enlargement of 7,500 square feet or greater within Areas A or B on Map 9 in Appendix A of this Chapter, provided that the Commission finds that the public amenity or improvement that is provided on the zoning lot is of equal or greater benefit to the public than the arcade to be eliminated or reduced.

For the purposes of calculating the total area of the horizontal enlargement that is subject to the special permit, the aggregate area of the horizontal enlargement permitted by any prior certification pursuant to Section 91-83, inclusive, and prior authorizations pursuant to Section 91-841 shall be included in such calculation, except the area of an indoor public space provided in accordance with the provision of Section 91-834 (Indoor public spaces) shall be excluded from such calculation.

As part of the special permit, the Commission may modify the requirements of Section 91-831 (Ground floor requirements), the provisions of Sections 91-832 (Plaza improvements) and 91-833 (Special regulations for plazas less than 40 feet in depth) for publicly accessible open areas and the provisions of Section 91-834 for indoor public spaces. In no event shall an enlargement be permitted within a publicly accessible open area or other required open area unless specified on Map 9 in Appendix A of this Chapter.

The Commission may prescribe additional conditions and safeguards to enhance the relationship between the enlargement and the surrounding streets, buildings and public open areas.

Development

For purposes of this Chapter a "development" includes the construction of a new building or other structure on a zoning lot, the relocation of an existing building on another zoning lot, and an enlargement involving an increase in lot coverage.

Except as modified by the express provisions of this Chapter, the regulations of the underlying district remain in effect.

For the purposes of this Chapter, Duke Ellington Circle, located at the intersection of Fifth Avenue and East 110th Street, shall be considered a separate street.

For transit-adjacent sites or qualifying transit improvement sites, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI, Chapter 6 shall control. For the purposes of this paragraph, defined terms additionally include those in Section 66-11 (Definitions).

In flood zones, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Zones), the provisions of Article VI, Chapter 4 shall control.

For any zoning lot located between Fifth Avenue, Duke Ellington Circle, East 109th Street and East 110th Streets:

1. commercial uses shall only be permitted beyond 100 feet of Fifth Avenue and shall be restricted to uses listed under Offices in Use Group VII;
2. the underlying district sign regulations shall not apply. In lieu thereof, signs accessory to a commercial use shall conform with all the sign regulations applicable in C1 Districts, except that illuminated signs shall not be permitted and, within 100 feet of Fifth Avenue, signs shall conform with the sign regulations for Residence Districts set forth in Section 22-20; and
3. the underlying ground floor level streetscape provisions set forth in Section 32-30 (STREETSCAPE REGULATIONS), inclusive, shall apply, except that any ground floor level use limitations shall be modified to reflect the use provisions of this Section.

For purposes of this Chapter, matter in italics is defined in Sections 12-10, 32-301, 66-11, 75-421 or within this Section.

ERY Culture, Festival and Exhibit Facility

An “ERY Culture, Festival and Exhibit Facility” is a use, operated by a not-for-profit entity, that comprises changing, non-permanent exhibits, events, expositions, presentations, festivals and fairs related to any or all of the following: visual arts, performing arts, culinary arts, literature, journalism, crafts, fashion and design, or any similar artistic activity. No trade shows shall be permitted unless they are related to one of such activities. Any building in which an ERY Culture, Festival and Exhibit Facility is located may include a moveable portion that may be extended and retracted to cover all or a portion of the Culture Facility Plaza described in Section 93-71, paragraph (j).

ERY High Line

For the purpose of this Chapter, the ERY High Line shall refer to the portion of the High Line between the western street line of Tenth Avenue and the western street line of Eleventh Avenue north of West 30th Street.

High Line

For the purpose of this Chapter, the “High Line” shall refer to the elevated rail line structure located between Gansevoort Street and West 34th Street in the north-south direction, and between Washington Street and Twelfth Avenue in the east-west direction.

High Line bed

The “High Line bed” is the highest level of the horizontal surface (platform) of the elevated rail line structure of the High Line.

High Line Landscape Improvement Deposit

For the purpose of this Chapter, the “High Line Landscape Improvement Deposit” shall be in the amount of $18,214,507 for the ERY High Line and, if the Tenth Avenue Spur is provided as a public access area pursuant to Section 93-71, in the amount of $23,200,228, as adjusted by changes in the construction cost index published by the Engineering News-Record (ENR) for New York City, commencing as of January 2012. Payment of the High Line Landscape Improvement Deposit shall be in the form of cash or other form of immediately available funds. The High Line Landscape Improvement Deposit shall be held by the City, or an instrumentality of the City, as the Chairperson of the City Planning Commission shall designate, and shall be applied exclusively to the improvement for public use of the ERY High Line and, if applicable, the Tenth Avenue Spur.

High Line Maintenance Funding

For the purpose of this Chapter, High Line Maintenance Funding shall mean funding sufficient for the maintenance and ordinary repair of the ERY High Line and, if applicable, the Tenth Avenue Spur, in an amount acceptable to the City, as adjusted on an annual basis.

High Line Rehabilitation Deposit

For the purpose of this Chapter, the High Line Rehabilitation Deposit shall be in the amount of $9,580,763 for the ERY High Line and, if the Tenth Avenue Spur is provided as a public access area pursuant to Section 93-71, in the amount of $12,203,234, as adjusted by changes in the construction cost index published by the ENR for New York City commencing as of January, 2012. Payment of the High Line Rehabilitation Deposit shall be in the form of cash or other form of immediately available funds if plans and specifications for rehabilitation of the ERY High Line and, if applicable, the Tenth Avenue Spur, have been substantially completed as of the time the High Line Rehabilitation Deposit is required, and if such plans and specifications have not been substantially completed at the time the High Line Rehabilitation Deposit is required, in the form of cash or a cash equivalent, such as a letter of credit, in a form acceptable to the City. The High Line Rehabilitation Deposit shall be held by the City, or an instrumentality of the City, as the Chairperson of the City Planning Commission shall designate, and shall be applied exclusively to the rehabilitation of the ERY High Line and, if applicable, the Tenth Avenue Spur.

Hudson Yards District Improvement Fund

The “Hudson Yards District Improvement Fund” (the “Fund”) shall be an account of the Hudson Yards Infrastructure Corporation (the “Corporation”). The Fund shall be owned for all purposes by the Corporation and may be used for any corporate purpose of the Corporation, including its pledge, assignment or sale in furtherance of any financing by the Corporation in support of district improvements in the Hudson Yards Redevelopment Area. The Corporation, as owner for all purposes of the Fund, will manage the Fund in furtherance of the purposes of the Corporation.

Hudson Yards Redevelopment Area

The “Hudson Yards Redevelopment Area” shall be the areas within the Special Hudson Yards District, the 42nd Street Perimeter Area of the Special Clinton District, and the area bounded by the center line of Eleventh Avenue, the northern street line of West 43rd Street, the westerly prolongation of the northern street line of West 43rd Street to the U.S. Pierhead Line, the U.S. Pierhead Line, the westerly prolongation of the southern street line of West 29th Street to the U.S. Pierhead Line, and the southern street line of West 29th Street. However, the area bounded by the westerly side of Eleventh Avenue, the southerly side of West 43rd Street, the westerly side of Twelfth Avenue and the northerly side of West 33rd Street shall not be included in the Hudson Yards Redevelopment Area, except for any portion of such blocks containing a transit easement for subway-related use. Furthermore, the Hudson Yards Redevelopment Area shall not include any underground connections from a subway station to any use located on such excluded blocks or between any such uses.

Phase 2 Hudson Boulevard and Park

The “Phase 2 Hudson Boulevard and Park” is the area within the Special Hudson Yards District bounded on the north by the center line of West 39th Street, on the east by the eastern boundary of the park located between West 38th and West 39th Streets and the eastern street line of Hudson Boulevard East, on the south by the center line of West 36th Street, and on the west by the western street line of Hudson Boulevard West and the western boundary of the park located between West 38th and West 39th Streets, as shown on Map 1 (Special Hudson Yards District, Subdistricts and Subareas) in Appendix A of this Chapter.

Tenth Avenue Spur

For the purpose of this Chapter, the Tenth Avenue Spur shall refer to the portion of the High Line above the intersection of Tenth Avenue and West 30th Street.

The provisions of this Chapter shall apply within the Special Hudson Yards District. The regulations of all other chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control. However, in flood zones, or for transit-adjacent sites or qualifying transit improvement sites, as defined in Section 66-11 (Definitions), in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Hazard Areas), or Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI shall control.

The regulations of this Chapter are designed to implement the Special Hudson Yards District Plan.

The District Plan includes the following six maps in Appendix A of this Chapter:

Map 1        Special Hudson Yards District, Subdistricts and Subareas

Map 2        Mandatory Ground Floor Retail

Map 3        Mandatory Street Wall Requirements

Map 4        Mandatory Sidewalk Widenings

Map 5        Transit Facilities

Map 6        Sites Where Special Parking Regulations Apply

Subdistrict Plans include the following five maps in Appendix B of this Chapter:

Map 1        Subdistrict B: 450 West 33rd Street and Ninth Avenue Rail Yard Public Access Area Plan

Map 2        Subdistrict F: Site Plan

Map 3        Subdistrict F: Public Access Area Plan

Map 4        Subdistrict F: Mandatory Ground Floor Requirements

Map 5        Subdistrict F: Mandatory Street Wall Requirements

The Maps are hereby incorporated and made part of this Resolution. They are incorporated for the purpose of specifying locations where special regulations and requirements set forth in the text of this Chapter apply.

In order to carry out the provisions of this Chapter, six subdistricts are established, as follows:

Large-Scale Plan Subdistrict A

Farley Corridor Subdistrict B

34th Street Corridor Subdistrict C

Hell’s Kitchen Subdistrict D

South of Port Authority Subdistrict E

Western Rail Yard Subdistrict F

Eleventh Avenue Subdistrict G

Garment Center Subdistrict H

In each of these subdistricts, certain special regulations apply which do not apply within the remainder of the Special Hudson Yards District. Within certain subdistricts, subareas are established, as follows:

Within the Large-Scale Plan Subdistrict A:

Eastern Rail Yard Subarea A1

Four Corners Subarea A2

Subarea A3

Subarea A4

Subarea A5

Within Farley Corridor Subdistrict B:

Western Blocks Subarea B1

Central Blocks Subarea B2

Farley Post Office Subarea B3

Pennsylvania Station Subarea B4

Within Hell’s Kitchen Subdistrict D:

Subarea D1

Subarea D2

Subarea D3

Subarea D4

Subarea D5

Within these subareas, certain special regulations apply which do not apply within the remainder of the subdistrict.

The subdistricts and subareas are outlined on Map 1 (Special Hudson Yards District, Subdistricts and Subareas) in Appendix A of this Chapter. Additional requirements for specific subdistricts, or portions thereof, are outlined in Appendix B of this Chapter.

No building permit shall be issued for any development or enlargement within Subdistrict F unless a declaration of restrictions, in substantially the form reviewed by the City Planning Commission pursuant to CEQR No. 09DCP007M and referenced in and made an exhibit to the findings of the Commission pursuant to 6 NYCRR Section 617.11 in connection with its adoption of the regulations of this Chapter and as modified by the City Council, applicable to Subdistrict F (as such declaration may be revised prior to filing and recordation in accordance with the provisions thereof applicable to amendments made subsequent to filing and recordation), shall have been filed and duly recorded in the Borough Office of the City Register of the City of New York and indexed against all property interests in Subdistrict F proposed for development or enlargement pursuant to this Chapter.

For purposes of this Chapter, all references to community facility, community facility use or uses listed under Use Group III, in connection with Eastern Rail Yard Subarea A1 shall be deemed to include an ERY Culture, Festival and Exhibit Facility.

The following provisions relating to retail continuity and transparency requirements shall apply to all subdistricts in the Special Hudson Yards District, except that the provisions of this Section shall not apply in Subdistrict G and along the northern street frontage of West 35th through West 39th Streets within 100 feet of Eleventh Avenue, as shown on Map 2 (Mandatory Ground Floor Retail) in Appendix A of this Chapter. However, any zoning lot fronting on such streets and partially within 100 feet of Eleventh Avenue may, as an alternative, apply the provisions of this Section to the entire West 35th, West 36th, West 37th, West 38th or West 39th Street frontage of the zoning lot.

The underlying ground floor level streetscape provisions set forth in Section 32-30 (STREETSCAPE REGULATIONS), inclusive, shall apply, except that ground floor level street frontages along streets, or portions thereof, designated on Map 2 (Mandatory Ground Floor Retail) in Appendix A of this Chapter, shall be considered Tier C street frontages.

However, the lobby limitations for Tier C street frontages shall be modified as follows: within the Four Corners Subarea A2 of the Large-Scale Plan Subdistrict A, for a development occupying a full block with frontage on Hudson Boulevard East and Tenth Avenue and having two million or more square feet of floor area, the width of lobbies located on the Hudson Boulevard East street frontage or the Tenth Avenue street frontage may occupy up to 70 feet of the building wall width of the building located on each such frontage.

In addition, for the purposes of applying such provisions to Sites 1, 2 and 6 in the Western Rail Yard Subdistrict F, West 31st and West 32nd Street Extension, as shown on Map 3 (Subdistrict F: Public Access Area Plan) in Appendix B of this Chapter, shall be considered streets.

In C2-5, C2-8 and C6 Districts, the provisions of Section 32-19 (Use Group IX - Storage), inclusive, with respect to public parking garages and public parking lots are inapplicable and are superseded by the provisions of Section 93-80 (OFF-STREET PARKING REGULATIONS).

1. Subdistricts A, B, C, D and E
   
   Within Subdistricts A, B, C, D and E, the underlying sign regulations shall apply, except that flashing signs shall not be allowed within 100 feet of Hudson Boulevard, its northerly prolongation to West 39th Street and its southerly prolongation to West 33rd Street. Within the Pennsylvania Station Subarea B4, the provisions of Section 93-161 (Special permit for signs within the Pennsylvania Station Subarea) shall apply. The following modifications to the underlying sign regulations shall apply in the Eastern Rail Yard Subarea A1:
   1. Flashing signs shall not be allowed on any portion of a building fronting upon the outdoor plaza required pursuant to Section 93-71.
   2. For signs facing Tenth Avenue, or on a portion of a building within 100 feet of Tenth Avenue, in addition to signs permitted under the underlying sign regulations:
      1. up to four signs may exceed the maximum height limitations of the underlying sign regulations, provided that no such sign exceeds 95 feet in height; and
      2. up to five signs may be located without regard to the maximum surface area limitations of the underlying sign regulations, provided that:
         1. the aggregate surface area of such signs does not exceed 4,400 square feet; and
         2. each such sign shall have a maximum surface area of 650 square feet, except for one sign that may have a maximum surface area of 1,800 square feet.
            
            Any sign which exceeds the maximum height permitted by the underlying sign regulations shall direct attention to no more than one business conducted on the zoning lot and no such signs shall be flashing signs. Additionally, no more than two of the additional signs permitted under this paragraph (a)(2), if located below the maximum height permitted by the underlying sign regulations, shall be flashing signs.
            
            Erection of one or both of the additional flashing signs permitted under this paragraph (a)(2) shall be conditioned upon and subject to additional limitations upon flashing effects for all flashing signs located on a building wall facing Tenth Avenue or on a building wall within 100 feet of Tenth Avenue, as prescribed by the City Planning Commission pursuant to a restrictive declaration. Recordation of such restrictive declaration in the Office of the Register and compliance with the terms thereof with respect to any previously erected flashing signs permitted under the underlying sign regulations shall be a precondition to the issuance of permits by the Commissioner of Buildings for an additional flashing sign permitted under this paragraph.
   3. Along the ERY High Line, the sign regulations as set forth in Section 93-16, paragraph (b)(1), shall apply. In addition, no flashing signs above the level of the High Line bed shall be located within 150 feet of and facing the ERY High Line.
   4. For an ERY Culture, Festival and Exhibit Facility, the total surface area of all permitted signs and banners shall be as set forth in this paragraph, (a)(4). The maximum aggregate surface area of all signs shall not exceed 2,700 square feet. Signs, other than banners, facing the outdoor plaza, as described in Section 93-71, paragraph (b), shall not exceed a maximum aggregate surface area of 200 square feet; signs facing the connection to the High Line, as described in Section 93-71, paragraph (f), shall not exceed a maximum aggregate surface area of 200 square feet; and signs facing West 30th Street shall not exceed a maximum aggregate surface area of 1,700 square feet. A maximum of 600 square feet of signs in the form of banners are permitted facing or within the outdoor plaza. No sign shall exceed a height of 30 feet above the level of the Culture Facility Plaza, as described in Section 93-71, paragraph (j) and no signs facing West 30th Street shall be located at a height above the High Line. Banners located within the outdoor plaza may be installed on one or two poles located not less than 13 feet from an ERY Culture, Festival and Exhibit Facility. The bottom of any such banner shall be located at least 10 feet above the bottom of the pole. Any sign that exceeds 300 square feet of surface area shall be non-illuminated or a sign with indirect illumination.
2. Subdistrict F
   
   For the purposes of calculating the permitted surface area of a sign, each site set forth on Map 2 (Subdistrict F: Site Plan) in Appendix B shall be considered a separate zoning lot.
   1. Along the High Line
      
      The sign regulations of the underlying districts shall not apply to signs located within 50 feet of the High Line, except for signs located entirely below the level of the High Line bed. In lieu thereof, the sign regulations of a C1 District shall apply, except that accessory signs located within the High Line frontage may have a maximum height of 20 feet above the level of the High Line bed.
      
      No signs affixed to or resting upon the High Line shall be permitted, except as pursuant to a signage plan for the High Line, as authorized by the City Planning Commission, provided the Commission finds that such signage plan will:
      1. enhance the use of the High Line by providing signage that is consistent with the use of the High Line as a public open space;
      2. provide, at a minimum, directional, informational and interpretive signage consistent with the use of the High Line as a public open space;
      3. be integrated with the design of the High Line open space; and
      4. not adversely affect development adjacent to the High Line and in the surrounding neighborhood.
   2. Other locations
      
      Within Subdistrict F, the underlying sign regulations shall apply for signs located beyond 50 feet of the High Line, and for portions of signs located entirely below the level of the High Line bed along West 30th Street. However, flashing signs shall not be permitted in Subdistrict F, except along frontages within 200 feet of the intersection of the West 33rd Street and Eleventh Avenue street lines.
3. Subdistrict H
   
   In Subdistrict H, flashing signs shall not be permitted.

In the Large-Scale Plan Subdistrict A, the floor area provisions of this Section shall apply. 

1. Subareas A2 through A5
   
   In Subareas A2 through A5, the basic maximum permitted floor area ratio shall be as specified in Row A in the table in this Section. Such floor area ratio may be increased to the maximum amount specified in Row B in the table, pursuant to Section 93-31 (District Improvement Fund Bonus) or the transfer of floor area or increase in the amount of floor area from the Phase 2 Hudson Boulevard and Park pursuant to Sections 93-32 or 93-33. For zoning lots that have maximized their permitted floor area through such floor area bonus or transfer provisions, the permitted floor area may be further increased to the maximum amount specified in Row C in the table through the distribution of floor area from the Eastern Rail Yard Subarea A1, pursuant to Section 93-34.
   
   For residential use, the maximum floor area ratio for zoning lots containing standard residences shall be as set forth in Row C. For zoning lots containing qualifying affordable housing or qualifying senior housing, the maximum floor area ratio shall be 7.2. Residential use shall only be permitted on a zoning lot with a non-residential floor area ratio, as follows, or as provided for phased developments pursuant to Section 93-122 (Certification for residential use in Subdistricts A, B and E):
   1. 18.0 or more in Subareas A2 and A3, or 16.8 or more for zoning lots containing qualifying affordable housing or qualifying senior housing in Subarea A3
   2. 15.6 or more, or 14.4 or more for zoning lots containing qualifying affordable housing or qualifying senior housing in Subarea A4
   3. 14.0 or more, or 12.8 or more for zoning lots containing qualifying affordable housing or qualifying senior housing in Subarea A5.
      

      MAXIMUM PERMITTED FLOOR AREA RATIO WITHIN SUBAREAS A2 THROUGH A5

      	Subarea A2	Subarea A3	Subarea A4	Subarea A5
      ROW A Basic maximum floor area ratio (FAR)	10.0 total 10.0 C 2.0 CF	10.0 total 10.0 C 2.0 CF	10.0 total 10.0 C 2.0 CF	10.0 total 10.0 C 2.0 CF
      ROW B Maximum FAR through bonus pursuant to Section 93-31 or transfer or increase pursuant to Sections 93-32 or 93-33	18.0 total 18.0 C 2.0 CF	18.0 total 18.0 C 2.0 CF	18.0 total 18.0 C 2.4 R 2.0 CF	18.0 total 18.0 C 4.0 R 2.0 CF
      ROW C Maximum FAR through distribution pursuant to Section 93-34	33.0 total 33.0 C 6.0 R 2.0 CF	24.0 total 24.0 C 6.0 R 2.0 CF	21.6 total 21.6 C 6.0 R 2.0 CF	20.0 total 20.0 C 6.0 R 2.0 CF

      C   = Commercial FAR
      CF = Community Facility FAR
      R   = Residential FAR
2. Eastern Rail Yard Subarea A1
   
   The Eastern Rail Yard Subarea A1 shall generate a maximum floor area ratio of 19.0. The maximum floor area ratio for commercial use shall be 19.0, the maximum floor area ratio for community facility use shall be 2.0, and the maximum residential floor area ratio shall be 3.0 for zoning lots containing standard residences or 3.6 for zoning lots containing qualifying affordable housing or qualifying senior housing. In order to promote a superior site plan, the amount of floor area permitted in the subarea shall be limited, and unused floor area may be distributed as follows:
   1. The maximum floor area ratio for any zoning lot in the subarea shall be 11.0. The maximum floor area ratio for commercial use shall be 9.0, the maximum floor area ratio for community facility use shall be 2.0, and the maximum residential floor area ratio shall be 3.0 for zoning lots containing standard residences or 3.6 for zoning lots containing qualifying affordable housing or qualifying senior housing. Residential use shall only be permitted on a zoning lot with a non-residential floor area ratio of 8.0 or more, or as provided for phased developments pursuant to Section 93-122 (Certification for residential use in Subdistricts A, B and E).
      
      Any floor space occupied by an ERY Culture, Festival and Exhibit Facility, including any floor space accessory thereto, that is located below the elevation of the Culture Shed Plaza described in Section 93-71, paragraph (j), within the moveable portion that may be extended and retracted to cover and enclose all or any portion of the Culture Facility Plaza, or within a portion of a building that contains residential use and is not designed to house such moveable portion, shall be exempt from the definition of floor area for the purposes of calculating the permitted floor area ratio for community facility uses and the total maximum floor area ratio of the zoning lot. In addition, in a building containing both residential use and an ERY Culture, Festival and Exhibit Facility, any floor space occupied by elevator shafts, structural systems or stairwells serving the residential use that is either located on any story occupied entirely by the ERY Culture, Festival and Exhibit Facility, except for such elevator shafts, structural systems, and stairwells, or is located on a story occupied in part by the ERY Culture, Festival and Exhibit Facility where such elevator shaft or stairwell is not accessible for residential use on such story except for emergency egress, shall be exempt from the definition of floor area for the purposes of calculating the permitted floor area ratio for residential uses and the total maximum floor area ratio of the zoning lot.
      
      For a building, or portion of a building, containing residential use that is located adjacent to the ERY High Line, any floor space used for storage, restrooms, maintenance facilities or other support space for the ERY High Line shall be exempt from the definition of floor area for the purposes of calculating the permitted floor area ratio for residential or community facility uses and the total maximum floor area ratio of the zoning lot.
   2. Unused floor area may be distributed to zoning lots in Subareas A2 through A5 pursuant to Section 93-34, provided the total amount of distributed floor area does not exceed an amount equal to the lot area of the Eastern Rail Yard Subarea A1 multiplied by 10.0. Furthermore, the total floor area distributed to Subarea A2 shall not exceed 3,238,000 square feet.
3. Phase 2 Hudson Boulevard and Park
   
   For zoning lots or portions of zoning lots in the Phase 2 Hudson Boulevard and Park, the provisions of Section 93-32 (Floor Area Regulations in the Phase 2 Hudson Boulevard and Park) and 93-33 (Special Regulations for Residual Portions of Zoning Lots Partially Within the Phase 2 Hudson Boulevard and Park) shall apply.
   
   Notwithstanding the provisions of this Section, the basic maximum permitted floor area ratio may be increased on a receiving lot in accordance with Section 75-42 (Transfer of Development Rights from Landmarks), provided that the maximum floor area transferred from the landmark lot does not exceed the basic maximum permitted floor area ratio less the total floor area of all buildings on the landmark lot.

1. Subdistricts B, C, D and E
   
   In Subdistricts B, C, D and E, the basic maximum floor area ratio is determined by the subdistrict and, where applicable, subarea, as specified in the table in this Section. The basic maximum floor area ratios for non-residential buildings are set forth in Row A, and the basic maximum floor area ratios for buildings containing residences are set forth in Row B. Such basic maximum floor area ratios may be increased to the amount specified in Row C only pursuant to Section 93-31 (District Improvement Fund Bonus) or as otherwise specified in Sections 93-221 through 93-224.
   
   For a zoning lot with more than one building, the basic maximum floor area ratios set forth in Row A shall apply, provided that any building that is developed or enlarged after January 19, 2005, is wholly non-residential. If a building containing residences is developed or enlarged on such a zoning lot after January 19, 2005, the basic maximum floor area ratios set forth in Row B shall apply.
   
   Notwithstanding the provisions of this Section, the basic maximum permitted floor area ratio may be increased on a receiving lots in accordance with Section 75-42 (Transfer of Development Rights from Landmarks), provided that the maximum floor area transferred from the landmark lot does not exceed the basic maximum permitted floor area ratio less the total floor area of all buildings on the landmark lot.

   
   MAXIMUM PERMITTED FLOOR AREA RATIO WITHIN SUBDISTRICTS B THROUGH E

   	Farley Corridor Subdistrict B				34th St Corridor Subdistrict C	Hell’s Kitchen Subdistrict D			South of Port  Auth. Subdistrict E
   Subarea	Western Blocks	Central Blocks	Farley Post Office	Penn. Stn.		Subarea D1	Subarea D2	Subarea D3
   ROW A Basic maximum FAR for non-residential buildings	10.0 total 10.0 C 2.0 CF	12.0 total 12.0 C 2.0 CF	10.0 total 10.0 C 2.0 CF	10.0 total 10.0 C 2.0 CF	10.0 total 10.0 C 10.0 CF	7.5 total 2.0 C 7.5 CF	7.5 total 2.0 C 7.5 CF	7.5 total 6.0 C 7.5 CF	10.0 total 10.0 C 2.0 CF
   ROW B Basic maximum FAR for buildings containing residences	NA	NA	10.0 total 10.0 C 6.0 R 2.0 CF	NA	6.5 total 6.5 C 6.5 R 6.5 CF	6.5 total 2.0 C 6.5 R 6.5 CF	6.5 total 2.0 C 6.5 R 6.5 CF	7.5 total 6.0 C 7.5 R 7.5 CF	NA
   ROW C Maximum FAR through special floor area increases pursuant to Section 93-30, inclusive, qualifying affordable housing or qualifying senior housing, or Section 75-42, inclusive, as applicable.	21.6 total 21.6 C 6.0 R 2.0 CF	19.0 total 19.0 C 4.0 R 2.0 CF	NA	19.5 total 19.5 C 2.0 CF	13.0 total 13.0 C 12.0 R 12.0 CF	15.0 total 3.0 C 12.0 R 12.0CF	13.0 total 3.0 C 12.0 R 12.0CF	12.0 total 7.2 C 7.5R 12.0CF	18.0 total 18.0 C 3.0 R 2.0 CF

   
   C         = Commercial FAR
   CF       = Community Facility FAR
   R         = Residential FAR
2. Subdistrict F
   
   In Subdistrict F, the floor area ratio provisions of Section 93-225 (Floor area regulations in Subdistrict F) shall apply.
3. Subdistrict G
   
   In Subdistrict G, the floor area ratio provisions of Section 93-226 (Floor area regulations in Subdistrict G) shall apply.
4. Subdistrict H
   
   The basic maximum floor area ratio of a zoning lot containing non-residential buildings shall be 10.0 and may be increased to a maximum floor area ratio of 12.0 pursuant to Section 93-31 (District Improvement Fund Bonus). Such zoning lot may also contain residences within buildings existing on January 19, 2005, provided that such buildings are not enlarged after such date. For zoning lots containing residences within a building that is developed or enlarged on or after January 19, 2005, the basic maximum floor area ratio shall be 6.5. The floor area ratio of any such zoning lot may be increased from 6.5 as follows:
   1. The residential floor area may be increased to a maximum of 12.0 where the following are met:
      1. an amount of floor area equal to at least 20 percent of the total residential floor area is allocated to qualifying affordable housing or qualifying senior housing; and
      2. a floor area increase or transfer equal to a floor area ratio of 2.5 has been earned pursuant to Section 93-31 or 93-32 (Floor Area Regulations in the Phase 2 Hudson Boulevard and Park).
   2. For the conversion to dwelling units of non-residential buildings, or portions thereof, where the total floor area on the zoning lot to be converted to residential use exceeds a floor area ratio of 12.0, such excess floor area shall be permitted only pursuant to Section 93-31.
      

             For developments or enlargements on qualifying transit improvement sites, a floor area bonus for mass transit station improvements may be granted by the City Planning Commission pursuant to the provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements). As a pre-condition to applying for such floor area bonus, the applicant shall demonstrate that a floor area ratio of no less than 0.1 of the maximum floor area ratio pursuant to Section 93-31 or the provisions of paragraph (a) of this Section, has been achieved prior to, or in conjunction with, the application. For the purposes of this paragraph, defined terms additionally include those in Section 66-11 (Definitions).