The provisions of this Chapter shall apply within the Special Garment Center 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 The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter.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, for transit-adjacent sites or qualifying transit improvement sites, as defined in Section 66-11 (Definitions), in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI, Chapter 6 shall control.

The regulations of this Chapter are designed to implement the Special Garment Center District Plan. The District Plan includes the following map:

Special Garment Center District and Subdistricts

The map is located in Appendix A of this Chapter and is hereby incorporated and made an integral part of this Resolution. It is incorporated for the purpose of specifying locations where special regulations and requirements set forth in the text of this Chapter apply.

In order to carry out the purposes and provisions of this Chapter, two Subdistricts, A1 and A2 are established within the Special Garment Center District. The location of the Subdistricts is shown on the map (Special Garment Center District and Subdistricts) in Appendix A of this Chapter.

For a building subject to the provisions of Section 121-60 (ANTI-HARASSMENT AND DEMOLITION REGULATIONS IN SUBDISTRICT A-2) and for which HPD issued a certification of no harassment that was in effect on June 11, 2018, a special permit pursuant to Section 74-152 (In Commercial Districts) shall not be required where such building is enlarged and a portion of which is subsequently converted to residences pursuant to Article I, Chapter 5 (Residential Conversions Within Existing Buildings), provided all new transient hotel rooms shall be located in the enlarged portion of such building, and except for transient hotel lobbies and accessory uses located below the floor level of the second story, the non-enlarged portion of such building shall contain only permanently affordable residences pursuant to a regulatory agreement enforceable by HPD.

In Subdistrict A-2, any development or enlargement that includes uses listed under Offices in Use Group VII, developed or enlarged after January 19, 2005, shall be permitted only pursuant to Section 93-13 (Special Office Use Regulations).

In the C6-4M District located within Subdistrict A-2, for buildings existing on January 19, 2005, the use regulations of the underlying district shall be modified as follows:

1. For buildings with less than 70,000 square feet of floor area, the provisions of Section 15-20 (REGULATIONS GOVERNING RESIDENTIAL CONVERSIONS WITHIN EXISTING BUILDINGS IN C6-2M, C6-4M, M1-5M AND M1-6M DISTRICTS), inclusive, shall not apply to the conversion of non-residential floor area to residences. In lieu thereof, Section 15-10 (REGULATIONS GOVERNING RESIDENTIAL CONVERSIONS WITHIN EXISTING BUILDINGS IN RESIDENCE AND COMMERCIAL DISTRICTS, EXCEPT C6-2M AND C6-4M DISTRICTS), inclusive, shall apply; and
2. for buildings with 70,000 square feet or more of floor area, the conversion of non-residential floor area to residences, or to college or school student dormitories and fraternity or sorority student houses shall not be permitted.
3. The following uses shall be allowed:

From Use Group IX

All uses listed under Use Group IX(A) that are permitted in a C8 District

From Use Group X

All uses listed under Use Group X that are permitted in a C8 District.

In the M1-6 District located within Subdistrict A-1, uses listed under Use Groups IV(B), IX and X shall be limited to those permitted within M1 Districts in Special Mixed Use Districts, as set forth in Section 123-21 (Modifications to M1 Use Regulations), inclusive.

The basic maximum floor area ratio of a zoning lot shall be as specified for the underlying district in Section 43-12 (Maximum Floor Area Ratio) and may be increased only pursuant to Section 43-13 (Floor Area Bonus for Public Plazas). No public plaza, or any part thereof, shall be permitted on or within 100 feet of a wide street. The provisions of Section 43-14 (Floor Area Bonus for Arcades) shall not apply.

In Subdistrict A-1, the underlying height and setback regulations set forth in Sections 43-43 (Maximum Height of Front Wall and Required Front Setbacks) and 43-44 (Alternate Front Setbacks) shall not apply. In lieu thereof, the following provisions shall apply:

(a)        Street wall location

        The street wall of any building shall be located on the street line and extend along the entire street frontage of the zoning lot up to at least the maximum base height specified in paragraph (b) of this Section. 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. In addition, the street wall location provision of this paragraph shall not apply along such street line occupied by a public plaza as set forth in Section 37-70 (PUBLIC PLAZAS).

(b)        Base height

(1)        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 may rise to a maximum base height of 155 feet.

However, where the height of an existing adjacent street wall fronting on the same street line rises to a height exceeding 155 feet before setback, the maximum base height may be increased to the height of such existing adjacent street wall but shall not exceed a base height of 205 feet. In addition, where existing adjacent street walls on both sides of the building rise to a height exceeding 155 feet before setback, the maximum base height of such building may be increased to the higher of the two existing adjacent street walls, except in no instance shall the base height of such building exceed 205 feet.

(2)        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 85 feet and may rise to a maximum base height of 135 feet.

        As an alternative, the minimum and maximum base heights applicable to a wide street may be applied along a narrow street beyond 50 feet of a wide street, up to a maximum of 100 feet from such wide street.

(c)        Required setbacks

(1)        Along wide streets

        For buildings, or portions thereof, located on wide streets and on narrow streets within 100 feet of a wide street, the portion of such building above the applicable maximum base height set forth in paragraph (b)(1) 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. Above such required setback, any portion of a building on the zoning lot shall be considered a “tower.”

(2)        Along narrow streets

        For buildings, or portions thereof, located on narrow streets beyond 100 feet of a wide street, the portion of such building above the applicable maximum base height set forth in paragraph (b)(2) of this Section shall be set back from the street wall of the building at least 15 feet along a narrow street, except such dimensions may include the depth of any permitted recesses in the street wall. Above such required setback, any portion of a building on the zoning lot shall be considered a “tower.”

(d)        Tower Regulations

        Each story of a tower above the required setback shall not exceed a maximum lot coverage of 40 percent of the lot area of a zoning lot or, for zoning lots of less than 20,000 square feet, the percent set forth in Section 43-451 (Towers on small lots).

(e)        Maximum building height

        No height limit shall apply to towers.

The basic maximum floor area ratio of a zoning lot containing non-residential buildings shall be 10.0 and may be increased to a maximum floor area ratio of 12.0 pursuant to Section 93-31 (District Improvement Fund Bonus). Such zoning lot may also contain residences within buildings existing on January 19, 2005, provided that such buildings are not enlarged after such date. For zoning lots containing residences within a building that is developed or enlarged on or after January 19, 2005, the basic maximum floor area ratio shall be 6.5. The floor area ratio of any such zoning lot may be increased from 6.5, pursuant to Section 93-31, and pursuant to Section 23-90 (INCLUSIONARY HOUSING), as modified by Section 93-23 (Modifications of Inclusionary Housing Program), provided that for every five square feet of floor area increase pursuant to Section 93-31, there is a floor area increase of six square feet pursuant to Section 23-90, as modified by Section 93-23, inclusive. The maximum residential floor area ratio shall be 12.0.

For the conversion to dwelling units of non-residential buildings, or portions thereof, where the total floor area on the zoning lot to be converted to residential use exceeds a floor area ratio of 12.0, such excess floor area shall be permitted only pursuant to Section 93-31.

For developments or enlargements on qualifying transit improvement sites, a floor area bonus for mass transit station improvements may be granted by the City Planning Commission pursuant to the provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements). As a pre-condition to applying for such floor area bonus, the applicant shall demonstrate that a floor area ratio of no less than 0.1 of the maximum floor area ratio pursuant to Section 93-31 or Section 93-23, has been achieved prior to, or in conjunction with, the application. For the purposes of this paragraph, defined terms additionally include those in Section 66-11 (Definitions).

(a)        Height of street walls

        The street wall of any building shall be located on the street line and extend along the entire street frontage of the zoning lot not occupied by existing buildings to remain. Such street wall shall rise without setback to a minimum base height of 80 feet and a maximum base height of 90 feet before setback. However, if the height of an adjacent street wall fronting on the same street line is higher than 90 feet before setback, the street wall of the new or enlarged building may rise without setback to the height of such adjacent street wall, up to a maximum height of 120 feet.

        For zoning lots, or portions thereof, with street frontage of 25 feet or less and existing on June 29, 2010, a minimum base height lower than 80 feet shall be permitted along such street frontage in accordance with the following provisions:

(1)        where the height of an adjacent street wall fronting on the same street line is at least 60 feet and less than 80 feet, the street wall of the new or enlarged building may rise without setback to the height of such adjacent street wall; or

(2)        where the height of an adjacent street wall fronting on the same street line is less than 60 feet, the street wall of the new or enlarged building may rise without setback to a minimum street wall height of 60 feet.

        The street wall of any building may rise to a height less than the minimum base height required pursuant to this paragraph (a), provided that no building on the zoning lot exceeds such height, except where such building is located on a zoning lot with multiple buildings, one or more of which is developed, enlarged or altered after February 2, 2011, to a height exceeding the minimum base height required pursuant to this paragraph (a).

(b)        Maximum building height

        Above a height of 90 feet or the height of the adjacent street wall if higher than 90 feet, no portion of a building or other structure shall penetrate a sky exposure plane that begins at a height of 90 feet above the street line, or the height of the adjacent street wall if higher than 90 feet, and rises over the zoning lot at a slope of four feet of vertical distance for each foot of horizontal distance to a maximum height limit of 250 feet, except as provided below:

(1)        any portion of the building or other structure developed or enlarged pursuant to the tower regulations of Sections 33-45 (Tower Regulations) or 35-64 (Special Tower Regulations for Mixed Buildings), as applicable, may penetrate the sky exposure plane, provided no portion of such building or other structure exceeds the height limit of 250 feet; and

(2)        permitted obstructions, as listed in Section 33-42, may penetrate the sky exposure plane and the height limit of 250 feet. In addition, a dormer, as listed in paragraph (c)(1) of Section 23-623 (Permitted obstructions in certain districts), may penetrate the sky exposure plane.

        On a zoning lot with frontage of at least 200 feet along at least one street, up to 20 percent of the aggregate width of the street wall facing such street, for a maximum width of 50 feet, may be recessed to a maximum depth of 15 feet from the street line, provided the recessed area is located a minimum of 20 feet from an adjacent building and that a minimum of 60 percent of such area is planted with any combination of grass, ground cover, shrubs, trees or other living plant material in the ground or in planters permanently affixed to the ground.