Chapter 1 - Special Lower Manhattan District (LM)

The City of New York
Bill de Blasio, Mayor
City Planning Commission
Marisa Lago, Chair

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.

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 91134.

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, 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), the provisions of Article VI, Chapter 4, 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).

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, buildings containing residences may be developed or enlarged in accordance with the provisions of Article II, Chapter 8 (The Quality Housing Program), except that the bulk regulations for Quality Housing buildings set forth in Article II, Chapter 3 (Residential Bulk Regulations in Residence Districts) and modified by Article III, Chapter 5 (Bulk Regulations for Mixed Buildings in Commercial Districts), shall be superseded by the bulk regulations of this Chapter. Recreation space required pursuant to Section 28-20 (RECREATION SPACE AND PLANTING AREAS) shall be in addition to any recreation space required pursuant to 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 73-21        (Automotive Service Stations) shall not apply on zoning lots with frontage on any street listed on Map 2 or Map 4 in Appendix A

Section 73-244        (In C2, C3, C4*, C6-4**, M1-5A, M1-5B, M1-5M and M1-6M Districts, the Special Hudson Square District and the Special Tribeca Mixed Use District) shall also apply in C5 Districts to eating or drinking establishments with entertainment, including musical entertainment or dancing, and a capacity of more than 200 persons.

Within the Special Lower Manhattan District, the following special permits by the City Planning Commission shall not be applicable or shall be applicable within C5 Districts.

The following special permits by the City Planning Commission shall not be applicable:

Section 74-721        (Modification of Height, Setback and Yard Regulations)

Section 74-82        (Through Block Arcades)

The following special permits by the City Planning Commission shall be applicable also within C5 Districts:

Section 74-41        (Arenas, Auditoriums, Stadiums or Trade Expositions)

Section 74-46        (Indoor Interactive Entertainment Facilities).

In addition to the special permit uses cited in Section 91-06, the use regulations for C5 Districts within the Special Lower Manhattan District are modified to permit the following uses:

From Use Group 7:

Use Groups 7B and 7E

From Use Group 8:

Use Groups 8A*, 8B and 8E

From Use Group 12:

Use Groups 12A**, 12B, 12C and 12E

___________

*        inclusive of the waiting area requirements for theaters as listed in Use Group 8A

**        except for eating or drinking establishments as listed in Use Group 12A

In all C5 Districts within the Special Lower Manhattan District, in addition to eating and drinking establishments permitted pursuant to Section 32-15 (Use Group 6), the following types of eating and drinking establishments shall be permitted:

eating or drinking establishments with entertainment, including musical entertainment or dancing, with a total capacity of 200 persons or fewer, provided that the dance floor or area, if any, does not exceed 400 square feet. The locational and waiting area requirements for eating or drinking establishments of Section 73-244 (In C2, C3, C4*, C6-4**, M1-5A, M1-5B, M1-5M and M1-6M Districts, the Special Hudson Square District and the Special Tribeca Mixed Use District) shall apply;

eating or drinking establishments with entertainment, including musical entertainment or dancing, with a capacity of more than 200 persons, pursuant to the provisions of Section 73-244, as modified in Section 91-061 (Applicability of special permits by the Board of Standards and Appeals).

On designated retail streets, as shown on Map 4 in Appendix A, for buildings developed or enlarged after August 27, 1998, where the ground floor level of such development or enlarged portion of the building fronts upon such streets, uses within stories on the ground floor or with a floor level within five feet of curb level, shall be limited to only those uses permitted by the underlying regulations and Section 91-111 (Additional uses in C5 Districts), other than automobile showrooms or plumbing, heating or ventilating equipment showrooms, or any of the uses listed in Use Groups 6B, 6E, 7C, 7D, 8C, 8D, 9B, 10B, 11 or 12D.

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.

In all C5 Districts within the Special Lower Manhattan District, not more than one illuminated, non-flashing sign, other than an advertising sign, with a total surface area not exceeding eight square feet shall be permitted for each street frontage of the zoning lot. Such sign may be located only within a window of a building.

In all C5 and C6 Districts within the Special Lower Manhattan District, in lieu of the provisions of Section 32-652 (Permitted projection in all other Commercial Districts), banners may project across a street line for a maximum distance of eight feet.

In C5-3 or C5-5 Districts within the Special District, in lieu of the provisions of Section 32-655 (Height of signs in all other Commercial Districts), banners may extend above curb level to a maximum height of 40 feet.

In C69 Districts within the Special Lower Manhattan District, the regulations of Section 32655 (Height of signs in all other Commercial Districts) may be modified to allow a maximum height of 50 feet above curb level, provided the City Planning Commission certifies that the design features of the existing building, as they appear on May 9, 2001, would unduly obstruct the visibility of the sign without such modification. An application for such certification shall be filed with detailed plans showing compliance with this Section.

 

In addition to signs and banners otherwise permitted pursuant to Section 9113, et seq., within 100 feet of Broadway in C55 Districts, on any building with a street wall fronting Broadway that is a landmark designated by the Landmarks Preservation Commission, the applicable sign regulations of Section 3260 shall be modified according to the following provisions, provided such signs and any alterations to the building connected with such signs have received a certificate of appropriateness or other permit from the Landmarks Preservation Commission.

(a)        Illuminated nonflashing signs other than advertising signs are permitted with a total surface area (in square feet) not to exceed 50 square feet along any street frontage.

(b)        No permitted sign shall extend above curb level at a height greater than 30 feet.

(c)        No permitted sign shall project across a street line more than 60 inches.

(d)        Permitted signs displayed on awnings may also include commercial copy related to the type of business, profession, commodity, service or entertainment conducted, sold or offered within such building.

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 (c) of Section 74-792 (Conditions and limitations), 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 74-79 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)

Means for Achieving Permitted FAR Levels on a Zoning Lot

Special Lower Manhattan District except within Core or Subdistrict

Hist-oric & Comm Core

South Street Seaport Subdistrict and all waterfront zoning lots

R8

C6-4

C5-3

C5-5

C6-9

M1-4

C5-5

C2-8

C4-6

C6-2A

C5-3

C6-9

Basic maximum FAR

6.021

6.53

10.02,3,4

10.04

15.02,3

2.02

6.53

10.04

15.02,3

2.02

3.43

10.04

3.42,3,4

6.02

6.024

6.53

10.04

15.02,3

15.0

Maximum as-of-right floor area bonus for public plazas

NA

2.0

3.0

NA

NA

NA

NA

NA

NA

NA

Maximum as-of-right floor area bonus for Inclusionary Housing (23-90)

NA

2.0

NA

NA

NA

NA

NA

NA

NA

NA

Maximum FAR with as-of-right floor area bonuses

6.021

6.53

12.0

18.0

2.02 6.53

15.0

2.02

3.43

10.04

 

3.4

6.02

6.024

6.53

15.0

15.0

Maximum special permit floor area bonuses:

subway station improvements and covered pedestrian spaces

NA

2.0

3.0

NA

3.0

NA

NA

NA

NA

NA

Maximum FAR with as-of-right and/or special permit floor area bonuses

6.021

6.53

12.0

18.0

2.02

6.53

18.0

2.02

3.43

10.04

3.4

6.02

6.024

6.53

15.0

15.0

Development rights (FAR) of a landmark lot for transfer purposes (74-79)

NA

10.0

15.05

18.06

NA

15.0

NA

NA

NA

NA

NA

Maximum total FAR of designated receiving sites in South Street Seaport Subdistrict (91-60)

NA

NA

NA

NA

NA

NA

3.4

8.02

21.67

21.67

Maximum FAR with transferred development rights from landmark zoning lot and as-of-right and special permit floor area bonuses

6.021

6.53

14.0

21.6

2.42

7.83

21.6

NA

3.4

8.02

21.67

21.67

1        maximum floor area ratio and minimum open space ratio shall be determined in accordance with the provisions of Article II, Chapter 3

2        for a commercial or, where permitted, manufacturing use

3        for a community facility use

4        for a residential use

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

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

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

In C5-3, C5-5 and C6-9 Districts, the residential floor area ratio of a zoning lot may be increased to 12.0, provided that recreation space, for the residential occupants of the building on such zoning lot, is provided in an amount not less than 16.25 square feet for each dwelling unit or a total area of at least 5,000 square feet, whichever is greater.

Such recreation space may be located at any level, including a roof, and shall:

(a)        be restricted to residential occupants of the building and their guests for whom no admission or membership fees may be charged;

(b)        be directly accessible from a lobby or other public area served by the residential elevators;

(c)        be landscaped, including trees or shrubbery, except where covered or developed with recreational facilities and seating areas;

(d)        contain not less than 500 square feet of continuous area on a single level with no dimension of less than 15 feet; and

(e)        have not less than 50 percent of the area open from its lowest level to the sky. The remaining portion may be roofed and up to 50 percent of its perimeter may be enclosed. In no event may more than 25 percent of the required recreation space be fully enclosed. All enclosures shall be transparent except when located within the building. Covered areas shall contain recreation facilities or seating areas.

A copy of requirements (a) through (e) shall be permanently posted in a conspicuous place within each recreation space.

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):

(a)        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:

(i)        retail continuity is required, pursuant to Section 91-41 (Regulations for Designated Retail Streets); or

(ii)        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).

(c)        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).

(b)        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 and, in C5-3, C5-5 and C6-9 Districts, by 10 square feet, to a maximum floor area ratio of 18.0.

(c)        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, by special permit, a floor area bonus for zoning lots that provide subway station improvements, pursuant to the provisions of Section 74-634 (Subway station improvements in Downtown Brooklyn and in Commercial Districts of 10 FAR and above in Manhattan).

The total additional floor area permitted on the zoning lot shall not exceed the maximum amount permitted in the underlying district by the provisions of Sections 91-21 (Maximum Floor Area Ratio) or 91-22 (Floor Area Increase Regulations).

For the purposes of the Special District, the zoning lot that will receive the floor area bonus shall be located within a Commercial District with a floor area ratio of 10.0 or above and shall be adjacent to a subway station where major improvements have been provided. Upon completion of the improvement, the zoning lot will physically adjoin a subway station mezzanine, platform, concourse or connecting passageway.

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

STATION

LINE

Bowling Green

Lexington Avenue

Broad St

Nassau Street

Broadway-Nassau Street

8th Avenue

Fulton Street

Nassau Street/Broadway-7th Ave/

Lexington Ave

Brooklyn Bridge-City Hall

Lexington Avenue

Chambers Street

Nassau Street

Chambers Street

Broadway-7th Avenue

Chambers Street

8th Avenue

Park Place

Broadway-7th Avenue

World Trade Center

8th Avenue

City Hall

Broadway-60th Street

Cortlandt Street-WTC

Broadway-7th Avenue

Cortlandt Street

Broadway-60th Street

Rector Street

Broadway-7th Avenue

Rector Street

Broadway-60th Street

Wall Street

Broadway-7th Avenue

Wall Street

Lexington Avenue

Whitehall Street-South Ferry

Broadway-7th Avenue/

Broadway-60th Street

In C5-3, C5-5, C6-4 and C6-9 Districts within the Special Lower Manhattan District, except within the South Street Seaport Subdistrict, the City Planning Commission may grant, by special permit, a floor area bonus for a commercial, community facility or mixed building that provides covered pedestrian space on a zoning lot, in accordance with the provisions of Section 74-87 (Covered Pedestrian Space).

The total additional floor area permitted on the zoning lot shall not exceed the maximum amount permitted in the underlying district by the provisions of Sections 91-21 (Maximum Floor Area Ratio) and 91-22 (Floor Area Increase Regulations).

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.

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).

(a)        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.

(b)        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 in compliance with:

(1)        the outer court regulations of Article II, Chapter 3, for residential portions of buildings;

(2)        the outer court regulations of Article II, Chapter 4, for all other portions of buildings; or

(3)        the requirements of Section 37-50 where such areas are pedestrian circulation spaces.

(c)        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.

(d)        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.

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

Lot area of zoning lot

Minimum setback depth

Less than 15,000 square feet

10 feet

15,001 to 30,000 square feet

15 feet

Greater than 30,000 square feet

20 feet

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.

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.

For any development or enlargement fronting on the ground floor level of designated retail streets, as shown on Map 4 in Appendix A, the street frontage of the building shall be allocated exclusively to the uses set forth in Section 91-12 (Uses on Designated Retail Streets). However, uses located within lobby or entrance spaces, subway station improvements or pedestrian circulation spaces that do not front on the ground floor level of the street shall be in accordance with the provisions for permitted uses of the underlying district.

Where the street frontage occupied by all building entrances is 20 feet or more in width, the amount of street frontage occupied by lobby space, entrance space and building entrance recesses shall not exceed, in total, 40 linear feet or 25 percent of the building's total street frontage, whichever is less, exclusive of any frontage occupied by a relocated subway stair or the entrance area to a bonused subway station improvement.

Storefronts for permitted ground floor uses shall be no more than 10 feet from the street line or, where an arcade is provided with supporting columns at the street line, no more than 10 feet from the supporting columns.

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

At least 50 percent of the street wall surface of each permitted establishment or use shall be glazed with clear untinted transparent material and not more than 50 percent of such transparent surface shall be painted or obstructed with signs.

For the purposes of this glazing requirement, the street wall surface of each permitted establishment shall be measured from the floor to the height of the ceiling or 14 feet above grade, whichever is less.

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.

STATION

LINE

Bowling Green

Lexington Avenue

Broad St

Nassau Street

Broadway-Nassau Street

8th Avenue

Fulton Street

Nassau Street/Broadway-7th Ave/

Lexington Ave

Brooklyn Bridge-City Hall

Lexington Avenue

Chambers Street

Nassau Street

Chambers Street

Broadway-7th Avenue

Chambers Street

8th Avenue

Park Place

Broadway-7th Avenue

World Trade Center

8th Avenue

City Hall

Broadway-60th Street

Cortlandt Street-WTC

Broadway-7th Avenue

Cortlandt Street

Broadway-60th Street

Rector Street

Broadway-7th Avenue

Rector Street

Broadway-60th Street

Wall Street

Broadway-7th Avenue

Wall Street

Lexington Avenue

Whitehall Street-South Ferry

Broadway-7th Avenue/

Broadway-60th Street

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.

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).

The City Planning Commission may authorize accessory residential off-site parking spaces for non-residential buildings erected prior to January 1, 1977, or portions thereof, that are converted to residential use, to be provided in a fully enclosed building on a zoning lot within the Special Lower Manhattan District other than the zoning lot that contains the residential use, provided the Commission finds that:

(a)        such accessory off-site parking spaces are conveniently located in relation to the residential use, and in no case further than 600 feet from the zoning lot containing the residential use;

(b)        such location of the accessory off-site parking facility will permit better site planning for the building converted to residential use;

(c)        that such accessory off-site parking facility shall contain parking spaces accessory only to residential uses; and

(d)        such parking facility complies with findings in paragraphs (c)(1), (c)(2), (c)(3) and (c)(5) of Section 13-45 (Special Permits for Additional Parking Spaces).

The number of accessory off-site parking spaces authorized in accordance with the provisions of this Section shall be recorded on the certificates of occupancy, temporary and permanent, for both the residential use and the accessory off-site parking facility.

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.

(a)        For zoning lots containing Use Group 10A department stores and Use Group 6B offices, where not more than 78,000 square feet of such office use is changed to department store use, the following modifications may be made provided that the Chairperson of the City Planning Commission certifies to the Department of Buildings that the conditions in paragraphs (b), (c), (d) and (e) of this Section have been met:

(1)        waiver of accessory off-street loading berths required for such department store use;

(2)        waiver of existing required accessory off-street loading berths when such waiver is necessary to provide an improved goods receiving and in-store transport system; and

(3)        exemption of existing loading berth floor space from the definition of floor area as set forth in Section 12-10 when such floor space will be used for such improved goods receiving and in-store transport system.

(b)        A plan for curb side deliveries shall have been approved by the Department of Transportation, as part of the improved goods receiving and in-store transport system for the department store use. Such plan shall be based upon a traffic study prepared by a qualified professional and a scope of work, both of which have been approved by the Department of Transportation, establishing that the plan for curbside deliveries shall not create or contribute to serious traffic congestion or unduly inhibit vehicular or pedestrian movement and shall not interfere with the efficient functioning of nearby public transit facilities;

(c)        At least one additional freight elevator and an aggregate of at least 6,000 square feet of staging area for loading and deliveries, exclusive of the area occupied by elevators, shall be provided on the zoning lot to be used for the improved goods receiving and in-store transport system for such department store use, as depicted on a site plan;

(d)        In the event that any existing loading berth floor space is to be exempted from the definition of floor area as set forth in Section 12-10, such floor space shall be used for the improved goods receiving and in-store transport system; and

(e)         A Declaration of Restrictions shall have been executed, in a form acceptable to the Department of City Planning, binding upon the owners and its successors and assigns, and providing for maintenance and use of the staging areas and additional elevators for the improved goods receiving and in-store transport system, as well as continued compliance with the plan for curbside deliveries and the site plan. Such declaration shall be filed and recorded in the Office of the City Register of the City of New York against the lots comprising the zoning lot. Receipt of proof of recordation in a form acceptable to the Department shall be a precondition to the issuance of this certification, and the recording information shall be included on any temporary or final certificate of occupancy for any building or portion thereof, issued after the recording date.

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 (c) of Section 74-792 (Conditions and limitations) 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.

91-62

Definitions

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, 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 the maximum building height shall be 120 feet. No minimum base height shall apply, and the depth of a required setback along a narrow street shall be at least 10 feet. No lot coverage regulations shall apply to corner lots. Furthermore, the provisions of Article II, Chapter 8 (The Quality Housing Program), shall not apply.

In the South Street Seaport Subdistrict, the City Planning Commission may authorize:

(a)        the alteration of any public amenity, open or enclosed, for which a floor area bonus has been granted, provided that the Commission finds that such modifications improve the intended public purpose of the amenity; or

(b)        the elimination or reduction of an existing public amenity, open or enclosed, for which a floor area bonus has been granted, provided that a new or improved public amenity, open or enclosed, is supplied elsewhere on, or within proximity to, the zoning lot, and the Commission finds that:

(1)        the public amenity to be eliminated no longer serves its original purpose; and

(2)        the proposed new or improved public amenity will provide a greater public benefit than the amenity to be eliminated or reduced and will better serve the purposes of the Special Lower Manhattan District; and

(c)        the modification of the applicable height, setback, lot coverage and distance between buildings requirements for any development or enlargement on a designated receiving lot that will incorporate transferred development rights, provided the Commission finds that the modifications:

(1)        provide an appropriate distribution of bulk on the zoning lot;

(2)        permit adequate light and air to the development or enlargement and adjoining properties as well as the surrounding streets; and

(3)        will not impair the use and desirability of any public amenity that may be created or improved under the provisions of paragraph (b) of this Section.

If a receiving lot contains an existing building, such authorization shall incorporate any previous height and setback or other bulk modifications, granted prior to December 11, 2001, by the Board of Standards and Appeals, for such existing building.

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

Within the South Street Seaport Subdistrict, the City Planning Commission may modify, by special permit, the height and setback and lot coverage regulations of Section 91-30, provided that:

(a)        either of the following conditions have been met:

(1)        that the developer has obtained negative easements limiting the height of future development or enlargement to 85 feet or less on any adjoining zoning lots which are contiguous or would be contiguous to said zoning lot but for their separation by a street or street intersection, and such easements are recorded against such adjoining zoning lots by deed or written instrument. The Commission shall consider the aggregated areas of said zoning lot and the adjoining lots subject to such negative easements and the extent to which they achieve future assurance of light and air in determining the maximum permitted coverage. In no event shall such coverage exceed 80 percent of the zoning lot on which the development or enlargement will be located; or

(2)        that the lot coverage for that portion of a development or enlargement below 300 feet may be increased to a maximum of 80 percent when additional development rights have been purchased and converted to increased lot coverage. The maximum percentage of lot coverage on such receiving lot shall be the sum of 65 percent plus one-half of one percent for every .10 by which the total floor area ratio on such receiving lot would exceed a floor area ratio of 21.6, provided that the development or enlargement on such receiving lot has achieved a minimum floor area ratio of 18.0;

(b)        In order to grant such special permit, the Commission shall make the following findings:

(1)        the location of the development or enlargement and the distribution of bulk will permit adequate light and air to surrounding streets and properties;

(2)        any modification of height and setback will provide for better distribution of bulk on the zoning lot; and

(3)        such special permit will aid in achieving the general purposes and intent of the Subdistrict.

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

For any zoning lot which was the subject of application N130058 ZCM, the hours of operation set forth in paragraph (a) of Section 62-71 (Operational Requirements) may be extended to allow public access up to 24 hours per day, and the provisions of paragraph (a)(3) of Section 62-654 (Signage) shall be modified to require any such extended hours of public access, as may change over time, to be included on the required signage. The provisions of paragraph (a)(4) of Section 62-654 shall not apply where 24 hour access is allowed. The provisions of paragraph (b) of Section 62-71 requiring rules of conduct for the waterfront public access area to be established with the Department of Parks and Recreation, and other provisions of this Chapter requiring a maintenance and operation agreement pursuant to Section 62-74 (Requirements for Recordation), shall not apply so long as a legal instrument acceptable to the Chairperson, in all other respects consistent with the provisions of Section 62-74, has been executed and recorded, setting forth rules of conduct and maintenance and operations requirements.

91-67

Recordation

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.

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.

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 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 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 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).

An outdoor cafe may be permitted within an arcade upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings that, in addition to the provisions of this Section, the provisions of Section 91-822 (Requirements for furnishings) are met. An outdoor cafe that is permitted by this Section shall be a permanently unenclosed restaurant or eating or drinking place, which may have waiter or table service.

No portion of an outdoor cafe that is permitted by this Section may extend into a publicly accessible open area except where an open air cafe has been permitted by a certification pursuant to Section 37-73 (Kiosks and Open Air Cafes).

In order to certify that the proposed modification to an existing arcade is consistent with the provisions of this Section, the applicant shall submit to the Chairperson a site plan and other detailed plans demonstrating that the proposed obstructions within the existing arcade and, where applicable, pursuant to paragraph (a)(2) of Section 91-822, the adjacent publicly accessible open area, will comply with the provisions of this Section. The placement of publicly accessible tables and chairs within a publicly accessible open area pursuant to paragraph (a)(2) of Section 91-822 shall not constitute a design change pursuant to the provisions of Section 37-625.

All plans for arcades or other publicly accessible open areas that are the subject of a certification pursuant to this Section shall be filed and duly recorded in the 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 Chairperson, providing notice of the certification of the arcade, pursuant to this Section. The filing and recording of such instrument shall be a precondition to certification. The filing and recording information shall be included on any temporary or final certificate of occupancy for any building, or portion thereof, on the zoning lot issued after the recording date.

The following provisions shall apply to all furnishings, including tables, chairs, shade umbrellas and heating lamps, permitted by Section 91-82 (Amenities Within Public Access Areas) and Section 91-821 (Certification for outdoor cafes within arcades).

(a)        Size, location and other requirements

(1)        Requirements for all furnishings

All furnishings shall be moveable. Permanent fixtures may be installed in the ground of a publicly accessible open area or arcade for the purposes of supporting shade umbrellas or heating lamps provided that such fixtures are flush-to-grade.

No furnishings shall be permitted within five feet of any building entrance, nor shall they be permitted within any required circulation paths.

(2)        Additional requirements for outdoor cafes located within arcades

Where an outdoor cafe is provided pursuant to Section 91-821, a minimum of four tables and 16 chairs shall be provided and made available to the public without restriction, which may be located within an arcade or within a publicly accessible open area and shall be outside of the permitted cafe boundary.

Outdoor cafes shall be located at the same elevation as the adjoining sidewalk area or publicly accessible open area, except that they may be located no more than six inches below or on a platform no more than six inches above such adjoining sidewalk area or publicly accessible open area. The border of the outdoor cafe shall be permanently marked in accordance with the applicable standards for open air cafes set forth in paragraph (b) of Section 37-73.

Fences, planters, walls, fabric dividers or other barriers that separate outdoor cafe areas from other portions of the arcade, adjacent sidewalks or publicly accessible open areas shall be prohibited. No kitchen equipment shall be installed within an outdoor cafe.

Litter receptacles shall be provided in accordance with the standards for public plazas set forth in Section 37-744.

(3)        Circulation requirements for outdoor cafes located within arcades

For arcades with a depth of 10 feet or less, as measured from the column face furthest from the street line or publicly accessible open area to the building wall fronting on such street line or publicly accessible open area, an unobstructed path not less than three feet wide shall be provided. For arcades with a depth greater than 10 feet, as measured from the column face furthest from the street line or publicly accessible open area to the building wall fronting on such street line or publicly accessible open area, such unobstructed pedestrian way shall be increased to at least six feet. For through block arcades, an unobstructed pedestrian way, except for approved doorways, of at least eight feet shall be provided connecting each street on which the through block arcade fronts.

(b)        Operation

(1)        Requirements for all tables and chairs

Except as otherwise provided in paragraph (b)(2) of this Section, tables, chairs, shade umbrellas and heating lamps may be stored or secured within an arcade between the hours of 9:00 p.m. and 7:00 a.m., but may not be stored or secured within a publicly accessible open area.

(2)        Additional requirements for outdoor cafes located within arcades

Publicly accessible tables and chairs that are required by paragraph (a)(2) of this Section may not be removed or secured while the cafe is in active use.

All furnishings within the boundary of an outdoor cafe, including tables, chairs, shade umbrellas, bussing stations and heating lamps, shall be completely removed from the arcade when the outdoor cafe is not in active use, except that tables and chairs may remain in such arcade if they are unsecured and may be used by the public without restriction.

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 provisions of this Section shall apply to the street wall of the ground floor and second floor level enlargement. For the purposes of this Section, a building wall that faces a publicly accessible open area or through block arcade shall also be considered a street wall, and the provisions of this Section for new building walls fronting on a publicly accessible open area shall also apply to new building walls fronting on a through block arcade, except as otherwise specified. The City Planning Commission may authorize a modification of the provisions of this Section pursuant to Section 91-842 (Authorization to modify design requirements).

(a)        Location of enlargement

(1)        Location of new building walls

All new building walls shall extend to the full height of the arcade. New building walls may only be located between the column face closest to an existing street wall and the column face furthest from an existing street wall or the street wall location of the floor above, except that new building walls within an existing through block arcade that do not face a street may extend past the column face furthest from the existing street wall provided that the standards for through block arcades set forth in Section 12-10 (DEFINITIONS) and all other provisions of this Section are met. New building walls within an existing through block arcade that do not face a street shall not be required to extend for the full height of the through block arcade.

(2)        Length of new building walls

An enlargement shall extend for the full length of the street wall, except for the locations specified on Map 9 in Appendix A of this Chapter and except if a corner arcade that adjoins the Water Street street line and another street line or publicly accessible open area is provided in accordance with the provisions of paragraph (c) of Section 37-53 (Design Standards for Pedestrian Circulation Spaces) which may provide a clear path 10 feet wide. However, an enlargement shall not be required along the length of the street wall occupied by an existing parking or loading entrance. Where an enlargement within an arcade extends along two or more street walls, the enlargement shall also include the area where the arcade areas intersect, except as otherwise provided in this Section, and the location of new building walls in such area shall be subject to the provisions of paragraph (a)(1) of this Section.

(b)        Permitted uses within an enlargement

(1)        Requirements for all frontages

(i)        Retail uses

The street frontage or frontage along a publicly accessible open area of the enlarged portion of the ground floor level shall be allocated exclusively to indoor public spaces that are provided in accordance with the provisions of Section 91-834 or the uses permitted by Sections 91-111 (Additional uses in C5 Districts) and 91-12 (Uses on Designated Retail Streets), except that Use Groups 5A, 7A, 7B, 8B, 9A, 10A, 12A, 12B, or 12C shall not be permitted. However, bicycle rental or repair shops and studios for art, music, dancing or theater shall be permitted. Residential uses shall be limited to lobbies permitted by paragraph (c)(2) of this Section.

All uses permitted by this paragraph shall occupy a height no less than that of the ground floor level, and shall occupy a depth no less than that of the enlargement.

(ii)        Parking, loading and mechanical equipment

No garage entrances, driveways, parking spaces or loading berths shall be permitted within an enlargement. No exhaust vents or mechanical equipment shall be permitted on any new building wall unless such exhaust vents are more than 15 feet above the level of the curb.

(iii)        Maximum street wall width

On the ground floor portion of an enlargement for the following Use Group 6 uses: the maximum street wall width of a bank or loan office shall not exceed 30 feet; and the maximum street wall width of a drug store shall not exceed 50 feet.  

(2)        Additional use requirement for a publicly accessible open area or through block arcade

At least 50 percent of the total frontage of all new building walls fronting on a publicly accessible open area or through block arcade, excluding such frontage occupied by building lobbies, shall be occupied by retail or service establishments permitted by paragraph (b)(1) of this Section. As an alternative, the amount of frontage required by this paragraph for occupancy by retail or service establishments may be partially or fully located along existing building walls fronting on the publicly accessible open area or through block arcade and the transparency requirements of paragraph (c)(3) of this Section shall apply to such frontage.

Libraries, museums and art galleries are permitted uses that may front on a publicly accessible open area. Banks shall not be a permitted use on any publicly accessible open area or through block arcade. Uses required by this paragraph shall be directly accessible from the publicly accessible open area or through block arcade.

(c)        Frontage

(1)        Number of establishments

Along the longest street wall of the ground floor level enlargement, at least two establishments permitted by paragraph (b) of this Section shall be provided on the ground floor level. Frontage that is solely dedicated to access a use on a level other than the ground floor level shall not constitute an establishment for the purposes of this paragraph.

(2)        Access, entrances and lobbies

The street wall frontage of an enlarged portion of the ground floor level may be occupied by the primary entrance for the principal use of the building, provided that such primary entrance shall not exceed a street wall width of 50 feet along Water Street, or, along other streets, a street wall width of 40 feet, or 25 percent of the aggregate width of street wall along such street frontage, whichever is less.

For a primary entrance that fronts on a publicly accessible open area, such entrance shall occupy a minimum frontage length of 20 feet or a length equal to the distance between the two closest columns adjacent to the publicly accessible open area, whichever is less. A primary entrance for the principal use of the building may be located along a through block arcade or indoor public space provided in accordance with Section 91-834 (Indoor public spaces), but may only occupy a maximum frontage length of 25 feet.

Where more than 50 percent of the length of the enlargement is occupied by a primary entrance permitted by this paragraph, retail or service establishments with an aggregate frontage length equal to at least 50 percent of the length of the enlargement shall be required along new or existing building walls along the same street frontage as the enlargement, and the transparency requirements of paragraph (c)(3) of this Section shall apply to such frontage along existing building walls.

(3)        Transparency and flood resilience

The ground floor level street wall between existing columns shall be glazed with transparent materials, which may include show windows, transom windows or glazed portions of doors, except for certain uses set forth in Section 37-31 (Applicability). Such transparent materials shall occupy at least 70 percent of the surface area of such ground floor level street wall between a height above grade of two feet and 14 feet or the height of the ground floor ceiling, whichever is lower.

Where the use located within the ground floor level enlargement fronts on an arcade that remains open and accessible, the length of such frontage shall be glazed with transparent materials in accordance with the provisions of this paragraph.

Permanent fixtures for temporary flood control devices and associated emergency egress systems that are assembled prior to a storm and removed thereafter and are affixed to a column may obstruct any transparent portion of a new building wall. Such permanent fixtures may be considered a transparent portion of a new building wall. Additionally, such permanent fixtures shall be encased in a decorative material. Temporary flood control devices and associated emergency egress systems shall be permitted in front of any new building wall for a reasonable period of time prior to and after a storm event, as determined by the Department of Buildings.

A publicly accessible open area shall be improved in full accordance with the provisions of Section 37-70 (PUBLIC PLAZAS) as modified by this Section, and as further modified by Section 91-833 (Special regulations for plazas less than 40 feet in depth) for publicly accessible open areas with a maximum depth of less than 40 feet, as measured perpendicular to any street line. Subsequent design changes to any publicly accessible open area improved pursuant to the provisions of such Sections may only be permitted pursuant to Section 91-837. The City Planning Commission may authorize a modification of the provisions of this Section and Section 91-833 pursuant to Section 91-842 (Authorization to modify design requirements).

(a)        For the purposes of applying the provisions of this Section, any portion of the publicly accessible open area occupied by a garage entrance, driveway, loading berth or gratings for electrical vaults may be excluded from the calculation of the total area or total street frontage of the publicly accessible open area. Such area shall remain open and accessible to the public at all times.

(b)        The area dimension requirements of Section 37-712, the locational restrictions of Section 37-713, the orientation restrictions of Section 37-714 and the requirements for major and minor portions of public plazas set forth in Sections 37-715 and 37-716, respectively, shall not apply.

(c)        The through block public plaza provisions of Section 37-717 that require a setback along any building wall or walls that adjoin a through block public plaza or through block portion of a publicly accessible open area shall not apply.

(d)        The sidewalk frontage provisions of Section 37-721 shall be modified as follows:

(1)        the requirements of paragraph (a) may be reduced to the minimum extent necessary to allow existing walls or structures within such area to remain, provided that such walls or structures do not increase in height or length along the street frontage, and all portions of the publicly accessible open area are accessible from a street, arcade or other portion of the publicly accessible open area.

(2)        paragraph (b) shall be modified to allow planters with bounding walls that exceed a height of two feet that are permitted by paragraph (g) of this Section to be located in such area.

(3)        for corner public plazas, where there is a change in elevation permitted by paragraph (e) of this Section for the area within 15 feet of the intersection of any two or more streets on which the publicly accessible open area fronts, such area shall not be required to be at the same elevation as the adjoining public sidewalk, but must be free of obstructions except as may otherwise be provided in paragraph (d)(1) of this Section.  

(e)        The provisions of Section 37-722 (Level of plaza) shall be modified to permit any elevation of the publicly accessible open area existing on June 21, 2016, to remain.

(f)        The provisions of Section 37-726 (Permitted obstructions) shall be modified as follows:

(1)        paragraph (c) shall allow awnings above retail and service establishments that do not project into the publicly accessible open area more than three feet when measured perpendicular to the building facade. There shall be no limitation on the area or height of an awning, but in no event shall an awning for a retail or service establishment contain vertical supports.

(2)        paragraph (d) shall allow garage entrances, driveways or loading berths fronting on a publicly accessible open area and existing on June 21, 2016, to remain, provided that they are separated from the remainder of the publicly accessible open area by a barrier sufficient to substantially conceal these facilities and any vehicles therein when viewed from any point in the publicly accessible open area. A building trash storage facility may be accessed or serviced through the portion of a publicly accessible open area that is occupied by a garage entrance, driveway or loading berth.

(g)        The provisions of Section 37-742 (Planting and trees) may be modified where the Chairperson of the City Planning Commission has been provided with documentation sufficient to establish that subsurface conditions do not allow the required soil depth for shrubs or trees to be provided below-grade or within a planter with bounding walls no higher than 18 inches in height above an adjacent walking surface or the highest adjacent surface where the bounding wall of such planter adjoins two or more walking surfaces with different elevations. A raised planter may be provided with bounding walls up to three feet for shrubs, or 3 feet, 6 inches for trees, provided that fixed seating with backs is integrated into the planter for at least 50 percent of the perimeter of the planter that is adjacent to a walking surface. If such planter, or any portion thereof, is located within ten feet of a street line, fixed seating with backs shall be integrated into at least 75 percent of the perimeter of the planter that is adjacent to a walking surface. Where it is demonstrated that no required trees can be planted flush-to-grade or planted at grade within planting beds with no raised curbs or railings, the Chairperson may allow all trees to be planted within raised planters.

(h)        The calculation of the minimum number of entry plaques required by paragraph (a) of Section 37-751 (Public space signage systems) may be modified for publicly accessible open areas that occupy more than one street frontage to alternatively require a minimum of one entry plaque at each street frontage of the publicly accessible open area, and to further require one additional entry plaque at each street frontage that measures 80 feet or more in length.

(i)        The provisions of paragraphs (a) and (d) of Section 37-753 (Accessory signs) shall not apply. Each establishment fronting on the publicly accessible open area shall be permitted to have one or more signs with an aggregate area not to exceed the product of 12 square feet and the length of the establishment along the publicly accessible open area in linear feet, divided by 40 linear feet. In no event shall a sign exceed 16 square feet in area. Signs may be affixed to the building wall or to awnings, or may project no more than 18 inches when measured perpendicular to the building facade, provided that such sign is located a minimum of 10 feet above the level of the publicly accessible open area.

(j)        The provisions of paragraphs (a) and (b) of Section 37-76 (Mandatory Allocation of Frontages for Permitted Uses) shall not apply. The provisions of Section 91-831 (Ground floor requirements) shall apply to all new building walls fronting on the publicly accessible open area, and the following shall also apply:

(1)        the use requirements of paragraph (b)(1) of Section 91-831 shall apply to all new establishments located along existing building walls fronting on a publicly accessible open area; and

(2)        the provisions of paragraph (c) of Section 37-76 for existing building walls that are non-transparent shall apply except for frontage occupied by active loading and parking entrances.

(k)        The provisions of Section 37-78 (Compliance) shall be modified as follows:

(1)        paragraph (a) shall be modified to provide that no permit shall be issued by the Department of Buildings for any change to a publicly accessible open area without certification by the Chairperson of the City Planning Commission of compliance with the provisions of this Section and Sections 91-833 or 91-837, as applicable; and

(2)        paragraph (b) shall be modified to require that the periodic compliance report shall document compliance with the provisions of Section 37-70 as modified by this Section and, as applicable, Section 91-833, and that such report shall also be provided to the local Council Member.

A publicly accessible open area with a maximum depth less than 40 feet measured perpendicular to any street line shall be improved in full accordance with the provisions of Section 37-70 (PUBLIC PLAZAS) as modified by Section 91-832 (Plaza improvements) and as further modified by this Section. Where a publicly accessible open area may be considered a corner public plaza, the maximum depth shall be measured from a street line to a street wall. The City Planning Commission may authorize a modification of the provisions of this Section pursuant to Section 91-842 (Authorization to modify design requirements).

(a)        The provisions of Section 37-721 (Sidewalk frontage) shall not apply. In lieu thereof, the provisions of this paragraph (a) shall apply to the area of the publicly accessible open area located within 10 feet of a street line or sidewalk widening line.

(1)        At least 40 percent of such area shall be free of obstructions and, in addition:

(i)        to facilitate pedestrian access at least 40 percent of the frontage along each street line or sidewalk widening line of the publicly accessible open area shall be free of obstructions; and

(ii)        such unobstructed access area shall extend to a depth of 10 feet measured perpendicular to the street line. The width of such access area need not be contiguous provided that no portion of such area shall have a width of less than five feet measured parallel to the street line, and at least one portion of such area shall have a width of at least eight feet measured parallel to the street line.

The requirement of this paragraph for unobstructed access may be reduced to the minimum extent necessary to allow existing walls or structures within such area to remain provided that such walls or structures do not increase in height or length along the street frontage, and all portions of the publicly accessible open area are accessible from a street, arcade or other portion of the publicly accessible open area.

(2)        In the remaining 60 percent or more of such area, the provisions of paragraph (b) of Section 37-721 shall apply, except that no more than 40 continuous linear feet of any street frontage occupied by a publicly accessible open area may be obstructed. Furthermore, planters with bounding walls that exceed a height of two feet that are permitted by paragraph (g) of Section 91-832 may be located in such area.

(3)        For corner public plazas, the requirements of this paragraph (a) shall apply separately to each street frontage, and the area within 10 feet of the intersection of any street and Water Street or Wall Street shall be at the same elevation as the adjoining public sidewalk, except where there is a change in elevation permitted by paragraph (e) of Section 91-832, and such area shall be free of obstructions except as may otherwise be provided in paragraph (a)(1) of this Section.

(b)        The provisions of Section 37-723 (Circulation paths) shall be modified so that the required circulation path of at least eight feet clear width shall be located adjacent to the street wall and shall extend for at least 80 percent of the length of such street wall. Where there are multiple street walls, the provisions of this paragraph shall apply separately to each frontage. In addition to the obstructions that are permitted within circulation paths, moveable tables and chairs, fixed seating and planting beds not exceeding six inches above any adjacent walking surface shall also be considered permitted obstructions provided that an unobstructed path of at least five feet wide is provided.

Where an open air cafe pursuant to Section 37-73 (Kiosks and Open Air Cafes) is provided adjacent to a building wall, such open air cafe may occupy a portion of the required circulation path provided that there is an unobstructed clear path of at least six feet wide between the building wall and any furnishings of the open air cafe. The unobstructed path shall be included in the calculation of the area occupied by the open air cafe.

(c)        The provisions of Section 37-741 (Seating) that require seating within 15 feet of the street line shall not apply to street frontages that measure less than 40 feet in length.  

(d)        The provisions of Section 37-742 (Planting and trees) shall be further modified as follows:

(1)        For publicly accessible open areas with an area less than 2,000 square feet, the number of required trees shall be reduced to two, and only one tree shall be required to be planted flush-to-grade or planted at grade within planting beds with no raised curbs or railings, except as may be modified by paragraph (g) of Section 91-832.

(2)        The total area of required planting beds may not be concentrated within one continuous planter or planting bed, except when a publicly accessible open area has an area of 1,000 square feet or less.  

(e)        The provisions of Section 37-746 (Drinking fountains) shall be modified to require only publicly accessible open areas containing an area of 2,000 square feet or more to provide a minimum of one drinking fountain.

Indoor public spaces are enclosed, climate-controlled areas on a zoning lot intended for public use and enjoyment. The standards contained within this Section are intended to serve the same purposes outlined for public plazas in Section 37-70. The City Planning Commission may authorize a modification of the provisions of this Section pursuant to Section 91-842 (Authorization to modify design requirements).

(a)        Indoor public spaces shall contain an area of not less than 2,000 square feet and have a minimum width and depth, at any point, of 20 feet. Indoor public spaces shall be located on the ground floor level, shall be directly accessible from all streets or publicly accessible open areas that the space fronts, and shall extend, at a minimum, for the full height of the ground floor level.

(b)        Indoor public spaces shall be fully enclosed, and the transparency requirements of paragraph (c) of Section 91-831 (Ground floor requirements) shall apply to all street walls or building walls facing a publicly accessible open area. The space shall be heated or air-conditioned, and the standards for heating, ventilating and air-conditioning shall be at least equal to those of the lobby for the principal use of the building.

(c)        Public access to the indoor public space shall be provided, at a minimum, between the hours of 6:00 a.m. to 12:00 a.m. The hours of access shall be included on all required entry plaques and information plaques in accordance with the provisions of Section 37-751 (Public space signage systems) and paragraph (i) of this Section.  

(d)        The provisions of Sections 37-718 (Paving), 37-722 (Level of plaza), 37-728 (Standards of accessibility for persons with disabilities), 37-744 (Litter receptacles), 37-745 (Bicycle parking), 37-746 (Drinking fountains), 37-748 (Additional amenities), 37-752 (Prohibition signs), 37-753 (Accessory signs) and 37-77 (Maintenance) shall apply.

(e)        The provisions of Section 37-723 (Circulation paths) for through block public plazas shall apply to through block arcades except as otherwise provided in Section 91-821 (Certification for outdoor cafes within arcades) when a cafe is provided. Trees planted flush-to-grade that measure less than four caliper inches at the time of planting, as permitted by paragraph (h) of this Section, shall not be considered permitted obstructions within circulation paths.

(f)        The provisions of paragraphs (a) and (b) of Section 37-726 (Permitted obstructions) shall apply. A kiosk shall be a permitted obstruction provided that the requirements of paragraph (a) of Section 37-73 (Kiosks and Open Air Cafes) are met. A certification pursuant to Section 37-73 shall not be required to locate a kiosk within an indoor public space. A cafe permitted by certification pursuant to Section 91-821 shall be considered a permitted obstruction within an indoor public space and may not occupy more than 20 percent of the indoor public space area.

(g)        The provisions of Section 37-741 for seating shall apply, except as modified as follows:

(1)        The requirements for seating within 15 feet of a street line shall not apply.

(2)        All of the linear seating capacity may be in moveable seats. Any moveable seats that are provided must remain in the indoor public space during the hours of operation.

(3)        The requirement that seats that face walls must be a minimum of six feet from such wall shall only apply to fixed seating.  

(h)        The requirements of Section 37-742 for planting and trees shall apply, except that the surface area of any vertical planting may be included in the calculation of the total area of planting beds that are provided, and trees shall not be required.  

(i)        Public space signage shall be provided in accordance with the provisions of Section 37-751, except as modified as follows:

(1)        An information plaque shall be provided at each point of pedestrian entry to the indoor public space. Information plaques for through block arcades shall also include lettering stating "PUBLIC ACCESS TO ____ STREET" indicating the opposite street to which the through block connection passes and which lettering shall not be less than three inches in height and located not more than three inches away from the public space symbol. Furthermore, a minimum of one additional information plaque shall be provided within the indoor public space.

(2)        Paragraph (c) shall not apply.

(j)        All indoor public spaces shall be illuminated with a minimum level of illumination of not less than five horizontal foot candles (lumens per foot) throughout the space. The requirements of Section 37-743 for a lighting schedule, a diagram of light level distribution and electrical power shall apply.

(k)        The use requirements of paragraph (b) and the lobby requirements of paragraph (c)(2) of Section 91-831 shall apply to all building walls fronting on an indoor public space that do not face a street or publicly accessible open area. The provisions of paragraph (c) of Section 37-76 for new or existing building walls that are non-transparent shall apply.

(l)        The provisions of Section 37-78 (Compliance) shall be modified as follows:

(1)        paragraph (a) shall not apply; and

(2)        paragraph (b) shall be modified to require that the periodic compliance report shall document compliance with the provisions of Section 37-70 as modified by this Section, and that such report shall also be provided to the local Council Member.

Subsequent design changes to any indoor public space that was subject to the provisions of this Section may only be permitted pursuant to Section 91-837 (Subsequent design changes).

A permanent amenity other than the improvement of an existing publicly accessible open area pursuant to the provisions of Section 91-832 or the provision of an indoor public space pursuant to the provisions of Section 91-834 may be provided for the properties listed in this Section. The City Planning Commission may authorize an improvement not listed in this Section pursuant to Section 91-843 (Authorization to modify requirements for alternative improvements).

Building Address

Required Alternative Improvement

175 Water Street

Area C on Map 9 in Appendix A of this Chapter, the open area along John Street and the open area along Front Street with a minimum depth of 15 feet measured perpendicular to the Front Street street line shall be improved in accordance with the provisions of Sections 91-832 and 91-833. Such open area and remaining arcade area shall be considered one contiguous public space and shall be accessible to the public at all times.

100 Wall Street

Maintenance of Manahatta Park between Water Street and Front Street for the life of the building.

110 Wall Street

Maintenance of Manahatta Park between Front Street and South Street for the life of the building.

(a)        Legal requirements

All plans for arcades, publicly accessible open areas, required open areas, and indoor public spaces that are the subject of a certification pursuant to Section 91-83 (Retail Uses Within Existing Arcades) shall be filed and duly recorded in the New York County 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 Chairperson of the City Planning Commission, providing notice of the certification pursuant to Section 91-83. The filing and recording of such instrument shall be a precondition to certification. 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 compensating amenity required by condition (b) of Section 91-83 is located on the same zoning lot as an enlargement, no temporary or final certificate of occupancy shall be issued for such enlargement until the compensating amenity has been substantially completed in accordance with the approved plans, as certified 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 commitment to provide or maintain such compensating amenity shall be duly recorded in the form of a signed declaration of restrictions, including a maintenance agreement with the Department of Parks and Recreation or other relevant agency, indexed against the zoning lot, binding the owners, successors and assigns. Such declaration or maintenance agreement may require security in the form of a bond or letter of credit to ensure that the compensating amenity is maintained in accordance with the declaration or maintenance agreement. The form and content of the legal instrument shall be satisfactory to the Chairperson, and the filing of such instrument in the New York County Office of the City Register shall be a precondition to certification. 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. Modifications to the declaration required by this paragraph may only be allowed upon approval by the Chairperson.

(b)        Existing approvals by the Board of Standards and Appeals

Where a zoning lot is subject to a variance or special permit that was granted by the Board of Standards and Appeals, the application pursuant to Section 91-83 shall be referred for thirty (30) days to the Board of Standards and Appeals who shall certify to the Department of City Planning whether such application would not result in a departure from the findings and conditions specified in the original approval.

(c)        Community Board review

No earlier than the date on which the application for certification pursuant to Section 91-83 is filed, a copy of the application shall be submitted by the applicant to the affected Community Board and local Council Member for 45 days to review said application. The Chairperson shall not issue a certification for an application during the Community Board review period, unless the Community Board has submitted to the Chairperson comments regarding such proposal or informed the Chairperson that the Community Board has no comments.

Design changes to any publicly accessible open area, required open area or indoor public space previously improved pursuant to the provisions of Sections 91-832 (Plaza improvements) or 91-834 (Indoor public spaces) may only be made upon certification by the Chairperson of the City Planning Commission that such changes would result in a publicly accessible open area or indoor public space that is compliant with the Section under which it was previously approved. As part of the certification, a horizontal enlargement on the ground floor level may be permitted along existing building walls that face the publicly accessible open area and do not face an arcade, but such enlargement shall not occupy any publicly accessible open area. The locational requirements of paragraph (a)(1) of Section 91-831 (Ground floor requirements) and the use and transparency requirements of Section 91-831 for new building walls facing a publicly accessible open area shall apply. The legal requirements of paragraph (a) of Section 91-836 shall 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 (Ground floor requirements).

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 (Ground floor requirements) 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. 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.

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.

The City Planning Commission may authorize a modification of 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 of Appendix A of this Chapter.

In order to grant such authorization, the Commission shall find:

(a)        the location, use, access, size and treatment of the enlargement would result in a superior urban design relationship with the surrounding streets, buildings and open areas;

(b)        the usefulness and attractiveness of the publicly accessible open area, required open area or indoor public space will be assured by the proposed layout and design, and that such modification will result in a superior urban design relationship with surrounding streets, buildings and public open areas; and

(c)        any waiver of required amenities and circulation paths is the minimum necessary to create a better site plan.

The Commission may prescribe appropriate conditions and controls to enhance the relationship between the enlargement, publicly accessible open area, required open area or indoor public space and the surrounding streets, buildings and open areas.

The City Planning Commission may authorize an alternative improvement not listed in Section 91-835 provided that the Commission finds that the new amenity will better serve the purpose of the Water Street Subdistrict described in Section 91-00 (GENERAL PURPOSES).

As a condition of the authorization, for a compensating amenity that is located within a street or public park, the commitment to provide or maintain such compensating amenity shall be duly recorded in the form of a signed declaration of restrictions, including a maintenance agreement with the Department of Parks and Recreation or other relevant agency, indexed against the zoning lot, binding the owners, successors and assigns. Such declaration or maintenance agreement may require security in the form of a bond or letter of credit to ensure that the compensating amenity is maintained in accordance with the declaration or maintenance agreement. The form and content of the legal instrument shall be satisfactory to the Commission, and the filing of such instrument in the New York County Office of the City Register 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.

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.

Appendix A

Lower Manhattan District Plan Maps

(12/11/01)

Map 1  Special Lower Manhattan District (91-A1)

Zoning Resolutions Chapter 1: Special Lower Manhattan District Appendix A.0

        

(11/15/07)

Map 2  Street Wall Continuity Types 1, 2A, 2B and 3 (91-A2)

Zoning Resolutions Chapter 1: Special Lower Manhattan District Appendix A.1

        

(8/27/98)

Map 3 Street Wall Continuity Types 4 & 5 (91-A3)

Zoning Resolutions Chapter 1: Special Lower Manhattan District Appendix A.2

        

(8/27/98)

Map 4 Designated Retail Streets (91-A4)

Zoning Resolutions Chapter 1: Special Lower Manhattan District Appendix A.3

        

(12/21/09)

Map 5 Curb Cut Prohibitions (12/21/09) (91-A5)

Zoning Resolutions Chapter 1: Special Lower Manhattan District Appendix A.4

        

(12/11/01)

Map 6 South Street Seaport Subdistrict (91-A6)

Zoning Resolutions Chapter 1: Special Lower Manhattan District Appendix A.5

        

(2/2/11)

Map 7 Subway Station Improvement Areas (91-A7)

        

Zoning Resolutions Chapter 1: Special Lower Manhattan District Appendix A.6

(6/21/16)

Map 8 Water Street Subdistrict (91-A8)

Zoning Resolutions Chapter 1: Special Lower Manhattan District Appendix A.7

        

(6/21/16)

Map 9  Water Street Subdistrict Arcades (91-A9)

Zoning Resolutions Chapter 1: Special Lower Manhattan District Appendix A.8

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