Chapter 8 - Special Hudson Square District (HSQ)

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

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

(a)        to support the growth of a mixed residential, commercial and industrial neighborhood by permitting expansion and new development of residential, commercial and community facility uses while promoting the retention of commercial uses and light manufacturing uses;

(b)        to recognize and enhance the vitality and character of the neighborhood for workers and residents;

(c)        to encourage the development of buildings compatible with existing development;

(d)        to regulate conversion of buildings while preserving continued manufacturing or commercial use;

(e)        to encourage the development of affordable housing;

(f)        to promote the opportunity for workers to live in the vicinity of their work;

(g)        to retain jobs within New York City; and

(h)        to promote the most desirable use of land in accordance with a well-considered plan and thus conserve the value of land and buildings, and thereby protect City tax revenues.

88-01

Definitions

Definitions specifically applicable to this Chapter are set forth in this Section. The definitions of other defined terms are set forth in Section 12-10 (DEFINITIONS).

Qualifying building

For the purposes of this Chapter, a “qualifying building” shall be any building that contained at least 70,000 square feet of floor area on March 20, 2013.

In harmony with the general purposes and intent of this Resolution and the general purposes of the Special Hudson Square District, the provisions of this Chapter shall apply within the Special Hudson Square District. The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control.  However, in flood zones, 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.

The regulations of this Chapter are designed to implement the Special Hudson Square District Plan. The District Plan includes the map, “Special Hudson Square District and Subdistrict,” in the Appendix to this Chapter which is hereby incorporated and made part of this Resolution for the purpose of specifying locations where the special regulations and requirements set forth in this Chapter apply.

88-04

Subdistricts

In order to carry out the purposes and provisions of this Chapter, Subdistrict A is established. The Subdistrict is specified on the map in the Appendix to this Chapter.

The conversion to dwelling units of non-residential buildings erected prior to January 1, 1977, or portions thereof, shall be permitted subject to Sections 15-11 (Bulk Regulations), 15-12 (Open Space Equivalent) and 15-30 (MINOR MODIFICATIONS), paragraph (b), except as superseded or modified by the provisions of this Chapter.

Notwithstanding any of the provisions of Section 11-33 (Building Permits for Minor or Major Development or Other Construction Issued Before Effective Date of Amendment), for the enlargement of a building which is the subject of Department of Buildings application number 121326742 filed on December 3, 2012, to create a single commercial development, such enlarged building shall not be subject to the height and setback regulations of Section 88-33, paragraph (b), and may continue, provided that a building permit has been issued for such commercial development within two years of March 20, 2013. In addition, should the zoning lot which is the subject of the above-referenced Department of Buildings application merge with an adjacent zoning lot containing wide street frontage on Sixth Avenue, such a zoning lot merger and the subsequent combining of adjacent buildings shall not be deemed to create a new non-compliance, nor an increase in the degree of non-compliance in regards to Section 88-33, paragraph (b)(4), (Maximum length of street wall).

All permitted uses in the underlying districts, as set forth in Section 42-10 (USES PERMITTED AS-OF-RIGHT), shall comply with the provisions set forth in this Section, inclusive.

Residential use shall be permitted in accordance with the provisions of this Section.

(a)        Residential use as-of-right

Residential use shall be permitted as-of-right on any zoning lot that, on March 20, 2013, was not occupied by a qualifying building. As a condition to receiving a building permit, such absence of a qualifying building on the zoning lot must be demonstrated to the satisfaction of the Department of Buildings.

(b)        Residential use by certification

Residential use shall be permitted on a zoning lot that, on March 20, 2013, was occupied by one or more qualifying buildings, only upon certification by the Chairperson of the City Planning Commission that the zoning lot, as it existed on March 20, 2013, will contain at least the amount of commercial or manufacturing floor area that existed within such qualifying buildings on the zoning lot on March 20, 2013, subject to the following:

(1)        commercial or manufacturing floor area that is preserved within existing non-qualifying buildings on the zoning lot through restrictive declaration may count towards meeting the requirements of this certification; and

(2)        floor area from community facility uses with sleeping accommodations shall not count towards meeting the requirements of this certification.

However, commercial or manufacturing floor area converted to residential vertical circulation space and lobby space need not be replaced as commercial or manufacturing floor area.

A restrictive declaration acceptable to the Department of City Planning shall be executed and recorded, binding the owners, successors and assigns to maintain the amount of commercial or manufacturing floor area that existed within such qualifying buildings on March 20, 2013, on the zoning lot. Such restrictive declaration shall be recorded in the Office of the City Register. A copy of such declaration shall be provided to the Department of Buildings upon application for any building permit related to a change of use from commercial or manufacturing to residential, or for any development containing residences.

The community facility use regulations applicable in M1 Districts shall not apply in the Special Hudson Square District. In lieu thereof, all community facility uses listed in Use Groups 3 and 4 shall be permitted, except that community facilities with sleeping accommodations shall only be permitted in accordance with paragraphs (a) or (b) of this Section, as applicable.

(a)        Community facilities with sleeping accommodations shall be permitted as-of-right on any zoning lot that, on March 20, 2013, was not occupied by a qualifying building. As a condition to receiving a building permit, such absence of a qualifying building on the zoning lot shall be demonstrated to the satisfaction of the Department of Buildings.

(b)        Community facilities with sleeping accommodations shall be permitted on a zoning lot that, on March 20, 2013, was occupied by one or more qualifying buildings, only upon certification by the Chairperson of the City Planning Commission that the zoning lot will contain at least the amount of commercial or manufacturing floor area that existed within qualifying buildings on the zoning lot on March 20, 2013, subject to the following:

(1)        commercial or manufacturing floor area that is preserved within existing non-qualifying buildings on the zoning lot through restrictive declaration may count towards meeting the requirements of this certification; and

(2)        floor area from community facility uses with sleeping accommodations shall not count towards meeting the requirements of this certification.

However, commercial or manufacturing floor area converted to vertical circulation and lobby space associated with a community facility with sleeping accommodations need not be replaced as commercial or manufacturing floor area.

A restrictive declaration acceptable to the Department of City Planning shall be executed and recorded, binding the owners, successors and assigns to maintain the amount of commercial or manufacturing floor area that existed within such qualifying buildings on March 20, 2013, on the zoning lot. Such restrictive declaration shall be recorded in the Office of the City Register. A copy of such declaration shall be provided to the Department of Buildings upon application for any building permit related to a change of use from commercial or manufacturing to community facility uses with sleeping accommodations, or for any development containing community facility uses with sleeping accommodations.

(c)        Ground floor community facility uses shall be subject to the streetscape provisions set forth in Section 88-131.

The commercial use regulations applicable in M1 Districts shall apply in the Special Hudson Square District, except that:

(a)        food stores, including supermarkets, grocery stores or delicatessen stores, shall not be limited as to the size of the establishment;

(b)        uses listed in Use Group 6A, other than food stores, and Use Groups 6C, pursuant to Section 42-13, 6E, 10 and 12B, shall be limited to 10,000 square feet of floor area at the ground floor level, per establishment. Portions of such establishments located above or below ground floor level shall not be limited in size;

(c)        ground floor commercial uses shall be subject to special streetscape provisions set forth in Section 88-131;

(d)        commercial uses permitted in M1 Districts shall be subject to the modifications set forth in Section 123-22 (Modification of Use Groups 16, 17 and 18), inclusive;

(e)        transient hotels shall be allowed, except that:

(1)        development or enlargement of transient hotels with greater than 100 sleeping units on zoning lots where residential use is permitted as-of-right, in accordance with paragraph (a) of Section 88-11, shall only be allowed upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings that the residential development goal has been met for the Special Hudson Square District as set forth in this paragraph (e)(1), or, where such residential development goal has not been met, by special permit pursuant to Section 88-132 (Special permit for large transient hotels).

The residential development goal shall be met when at least 2,255 dwelling units, permitted pursuant to the provisions of Section 88-11, within the Special Hudson Square District, have received temporary or final certificates of occupancy subsequent to March 20, 2013; and

(2)        a change of use within a qualifying building to a transient hotel with greater than 100 sleeping units shall only be allowed by special permit, pursuant to Section 88-132; and

(f)        eating or drinking establishments with entertainment and a capacity of more than 200 persons, or establishments of any capacity with dancing, are permitted only by special permit of the Board of Standards and Appeals, pursuant to Section 73-244.

For zoning lots with street frontage of 50 feet or more, the location of certain uses shall be subject to the following use requirements.

For the purposes of applying the special ground floor level streetscape provisions set forth in Section 37-30 to this Section, all zoning lots with a street frontage of 50 feet or more shall be considered primary street frontages, as defined in Section 37-311.

(a)        For uses located on the ground floor or within five feet of curb level, uses limited to Use Groups 6A, 6C, 7B, 8A, 8B, 9A, 10A, 12A and 12B, shall extend along a minimum of 50 percent of the width of the street frontage of the zoning lot, and shall comply with the minimum depth provisions of Section 37-32 (Ground Floor Depth Requirements for Certain Uses).

(b)        The remainder of the street frontage of the zoning lot may be occupied by any permitted uses, lobbies or entrances to parking spaces, except that lobbies shall comply with the standards for Type 2 lobbies set forth in Section 37-33 (Maximum Width of Certain Uses).

(c)        In Subdistrict A of this Chapter, for portions of a building bounding a public park, the ground floor use requirements of paragraph (a) of this Section shall apply to 100 percent of the width of the street frontage of the zoning lot, and residential lobbies and schools shall be permitted uses on the ground floor for purposes of compliance with paragraph (a).

For zoning lots with street frontage of less than 50 feet, no special ground floor use requirements shall apply.

Enclosed parking spaces, or parking spaces covered by a building, including such spaces accessory to residences, shall be permitted to occupy the ground floor, provided they are wrapped by floor area or screened in accordance with the provisions set forth in Section 37-35 (Parking Wrap and Screening Requirements).

Any ground floor street wall of a development or enlargement that contains uses listed in Use Groups 1 through 15, not including dwelling units, shall be glazed in accordance with the provisions set forth in Section 37-34 (Minimum Transparency Requirements).

(a)        Developments or enlargements

In the Special Hudson Square District, prior to the residential development goal set forth in paragraph (e) of Section 88-13 (Commercial Use) having been achieved, the City Planning Commission may permit developments or enlargements of transient hotels with greater than 100 sleeping units on zoning lots where residential use is permitted as-of-right, in accordance with paragraph (a) of Section 88-11, provided the Commission finds that:

(1)        sufficient development sites are available in the area to meet the residential development goal; or

(2)        a harmonious mix of residential and non-residential uses has been established in the surrounding area, and such transient hotel resulting from a development or enlargement is consistent with the character of such surrounding area.

(b)        Changes of use

In the Special Hudson Square District, the City Planning Commission may permit the change of use of floor area within qualifying buildings to a Use Group 5 transient hotel with greater than 100 sleeping units provided that, at minimum, the amount of floor area changed to such transient hotel is:

(1)        preserved for Use Group 6B office use within a qualifying building located within the Special Hudson Square District; or

(2)        created for Use Group 6B office use within a building developed after March 20, 2013, or within the enlarged portion of a building, where such enlargement was constructed within one year of the date an application pursuant to this Section is filed with the Department of City Planning (DCP). Such developed or enlarged buildings may be located anywhere within the Special Hudson Square District, and shall have either temporary or final certificates of occupancy for Use Group 6B office use.

In order to permit such change of use, the Commission shall find that the proposed transient hotel is so located as not to impair the essential character, or the future use or development, of the surrounding area.

A restrictive declaration acceptable to the DCP shall be executed and recorded, binding the owners, successors and assigns to preserve an amount of Use Group 6B office use within a qualifying building, or created within a development or enlargement, as applicable. Such restrictive declaration shall be recorded in the Office of the City Register. A copy of such declaration shall be provided to the Department of Buildings upon application for any building permit related to a change in use from Use Group 6B office use to any other use.

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

In the Special Hudson Square District, manufacturing uses permitted in M1 Districts shall be subject to the modifications set forth in Section 123-22 (Modification of Use Groups 16, 17 and 18), inclusive.

In the Special Hudson Square District, signs are subject to the regulations applicable in C6-4 Districts, as set forth in Section 32-60, inclusive.

Except as modified in this Chapter, the following bulk regulations shall apply:

(a)        For developments, enlargements, or changes of use containing residences, the bulk regulations of an R10 District, as set forth in Article II, Chapter 3 (Residential Bulk Regulations in Residence Districts), shall apply;

(b)        For developments, enlargements, or changes of use containing manufacturing, commercial or community facility uses, the bulk regulations set forth in Article IV, Chapter 3 (Bulk Regulations), shall apply.

For the purposes of applying the regulations of this Section, Greenwich Street shall be a wide street.

Except in Subdistrict A of this Chapter, the maximum floor area ratio for zoning lots that do not contain residences shall be 10.0; no floor area bonuses shall apply.

The maximum base floor area ratio for zoning lots that contain residences shall be 9.0 plus an amount equal to 0.25 times the non-residential floor area ratio provided on the zoning lot, provided that such base floor area ratio does not exceed 10.0. Such floor area ratio may be increased to a maximum of 12.0 only as set forth in Section 88-32 (Inclusionary Housing).

For zoning lots in Subdistrict A of this Chapter that do not contain residences, the maximum floor area ratio shall be 10.0; no floor area bonuses shall apply.

For zoning lots in Subdistrict A containing residences, the maximum floor area ratio shall be 9.0 plus an amount equal to 0.25 times the non-residential floor area ratio provided on the zoning lot, provided that such base floor area ratio does not exceed 10.0.

Any floor space designated for use as a school shall be exempted from the definition of floor area for the purposes of calculating the permitted floor area ratio for community facility uses and the total maximum floor area ratio of the zoning lot, provided that such school is either:

(a)        a public school, subject to the jurisdiction of the New York City Department of Education, pursuant to an agreement accepted by the School Construction Authority; or

(b)        a charter school, subject to the New York State Education Law, pursuant to an agreement with a charter school organization.

The Special Hudson Square District, except Subdistrict A, shall be an Inclusionary Housing designated area, and the provisions of Section 23-90 (INCLUSIONARY HOUSING) applicable to R10 Districts shall apply.

In the Special Hudson Square District, the height and setback regulations of the underlying districts shall not apply. In lieu thereof, the provisions of this Section shall apply to all buildings.

(a)        Rooftop regulations

(1)        Permitted obstructions

The provisions of Section 33-42 shall apply to all buildings, except that elevator or stair bulkheads, roof water tanks, cooling towers or other mechanical equipment (including enclosures), may penetrate a maximum height limit, provided that either the product, in square feet, of the aggregate width of street walls of such obstructions facing each street frontage, times their average height, in feet, shall not exceed a figure equal to eight times the width, in feet, of the street wall of the building facing such frontage, or that the lot coverage of all such obstructions does not exceed 20 percent of the lot coverage of the building, and the height of all such obstructions does not exceed 40 feet.

In addition, dormers may penetrate a maximum base height provided that such dormers comply with the provisions of paragraph (c) of Section 23-621 (Permitted obstructions in certain districts).

(2)        Screening requirements for mechanical equipment

For all developments, enlargements and conversions of commercial or manufacturing floor area to residences, all mechanical equipment located on any roof of a building or other structure shall be fully screened on all sides. However, no such screening requirements shall apply to water tanks.

(b)        Height and setback

(1)        Street wall location

On wide streets, and on narrow streets within 50 feet of their intersection with a wide street, the street wall shall be located on the street line and extend along the entire street frontage of the zoning lot up to the minimum base height or the height of the building, whichever is less. On narrow streets beyond 50 feet of their intersection with a wide street, the street wall shall be located on the street line. For the purposes of this paragraph (b), portions of street walls located up to 18 inches from a street line shall be considered to be located on the street line where a vertical element of such street wall is located on the street line and rises without setback from ground level to the top of the second story at intervals of at least once every 15 feet in plan and, above the level of the second story, where a vertical element rises without setback to the applicable minimum base height at an interval of at least once every 30 feet in plan.

On the ground floor, recesses shall be permitted where required to provide access to the building, provided such recesses do not exceed three feet in depth as measured from the street line.

Above the level of the ground floor, recesses shall be permitted beyond 20 feet of an adjacent building and beyond 30 feet of the intersection of two street lines, as follows:

(i)        Along wide streets

Recesses shall be provided at the level of each story entirely above a height of 60 feet, up to the maximum base height of the building. Such recesses shall have a minimum depth of five feet and a width between 10 and 40 percent of the aggregate width of street wall of the building at the level of any story.

(ii)        Along narrow streets

Above the level of the second story, recesses in street walls deeper than 18 inches shall be permitted. Such recesses may not exceed 30 percent of the aggregate width of street wall of the building at the level of any story.

(2)        Base height

(i)        Along wide streets

On wide streets, and on narrow streets within 50 feet of their intersection with a wide street, the street wall of a building shall rise without setback to a minimum base height of 125 feet and a maximum base height of 155 feet.

(ii)        Along narrow streets

On narrow streets, beyond 50 feet of their intersection with a wide street, the street wall of a building shall rise without setback to a minimum base height of 60 feet, or the height of the building, whichever is less, up to a maximum base height of 135 feet.  However, for buildings on zoning lots meeting the criteria set forth in paragraph (a) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), the maximum base height may be increased to 155 feet.

As an alternative, the minimum and maximum base heights applicable to a wide street may apply along a narrow street to a distance of 100 feet from its intersection with a wide street.

(3)        Required setbacks and maximum building heights

(i)        Along wide streets

For buildings, or portions thereof, located on wide streets, and on narrow streets within 100 feet from their intersection with a wide street, the portion of such building above the maximum base height set forth in paragraph (b)(2)(i) of this Section shall be set back from the street wall of the building at least 10 feet along a wide street and at least 15 feet along a narrow street, except such dimensions may include the depth of any permitted recesses in the street wall. The maximum height of such buildings shall be 290 feet. In addition, the gross area of each of either the highest two or three stories of such building located entirely above a height of 230 feet, shall not exceed 80 percent of the gross area of the story directly below such highest two or three stories.

(ii)        Along narrow streets

For buildings, or portions thereof, located on narrow streets beyond 100 feet from their intersection with a wide street, the portion of such building above the maximum base height set forth in paragraph (b)(2)(i) of this Section shall be set back from the street wall of the building at least 15 feet, except such dimensions may include the depth of any permitted recesses in the street wall.

The maximum height of a building and the maximum number of stories shall be as set forth in Section 23-662 (Maximum height of buildings and setback regulations) for an R10A District on a narrow street. However, for buildings meeting the criteria set forth in paragraph (a) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), such maximum heights and number of stories may be increased, provided that the maximum number of stories does not exceed 23, the maximum height of a building with a non-qualifying ground floor does not exceed a height of 230 feet and the maximum height of a building with a qualifying ground floor does not exceed a height of 235 feet.

(4)        Maximum length of street wall

The maximum length of any street wall located entirely above a height of 150 feet shall not exceed 150 feet. Such length shall be measured in plan view by inscribing within a rectangle the outermost walls at the level of each story entirely above a level of 150 feet. As an alternative, for street walls facing wide streets that provide vertical articulation, such maximum length may be increased to 175 feet, provided that between 30 and 40 percent of the width of the street wall is recessed at least five feet from all adjacent street walls above a height of 150 feet.

(5)        Vertical enlargements

(i)        Existing buildings may be vertically enlarged by up to one story or 15 feet without regard to the street wall location requirements of paragraphs (b)(1) and (b)(2) of this Section.

(ii)        Existing buildings with street walls that rise without setback to a height of at least 80 feet may be vertically enlarged in excess of one story or 15 feet without regard to the street wall location requirements of paragraphs (b)(1) and (b)(2) of this Section, provided such enlarged portion is located at least 10 feet from a wide street and at least 15 feet from a narrow street.

For zoning lots in Subdistrict A of this Chapter, the regulations in paragraph (b) of Section 88-33 applicable to wide streets shall apply, except where modified or superseded by the regulations of this Section.

(a)        Maximum building height

The maximum height of buildings shall be 430 feet.

(b)        Lot coverage

Below a height of 290 feet, buildings shall have a minimum floor area coverage of at least 30 percent of the lot area of the zoning lot. Above a height of 290 feet, buildings shall have a minimum floor area coverage of at least 20 percent of the lot area of the zoning lot.

(c)        Modification of bulk regulations for zoning lots bounding a public park

In the case of a zoning lot line abutting the boundary of a public park, such zoning lot line shall be considered to be a wide street line for the purposes of applying all bulk regulations of this Resolution, except for street wall regulations. For the purposes of applying street wall regulations in the case of a zoning lot line abutting the boundary of a public park, a line no more than 45 feet west of and parallel to the nearest boundary line of the public park shall be considered a wide street line.

(d)        Street wall location

The street wall provisions of this Chapter shall apply, except that, for the portion of a building bounding a public park, the street wall shall be located at the street line for at least 50 percent of the frontage bounding the public park and shall rise to the minimum base height, but not higher than the maximum base height.

88-332

Courts

Those portions of buildings that contain residences shall be subject to the court provisions applicable in R10 Districts as set forth in Section 23-80 (COURT REGULATIONS, MINIMUM DISTANCE BETWEEN WINDOWS AND WALLS OR LOT LINES AND OPEN AREA REQUIREMENTS), inclusive.

In the Special Hudson Square District, except as provided in Section 88-41 (Rear Yard Regulations for Shallow Through Lots), the yard provisions applicable in R10 Districts shall apply to the residential portion of a building, and the yard provisions applicable in C6 Districts shall apply to non-residential buildings, or the non-residential portion of a building.

For through lots or through lot portions of zoning lots located beyond 100 feet of a wide street, where the maximum depth of such through lot between narrow streets is 180 feet or less, any required rear yard equivalent shall be provided in accordance with the provisions set forth in Section 23-533 (Required rear yard equivalents for Quality Housing buildings).

In the Special Hudson Square District, the parking regulations applicable in C6-4 Districts, as set forth in Article III, Chapter 6, and as modified, pursuant to Article I, Chapter 3 (Comprehensive Off-street Parking and Loading Regulations in the Manhattan Core) shall apply.

Appendix A

Special Hudson Square District Plan

Special Hudson Square District and Subdistrict

Zoning Resolutions Chapter 8: Special Hudson Square District Appendix A.0

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