Chapter 8 - Special East Harlem Corridors District (EHC)

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

The “Special East Harlem Corridors 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 encourage and guide the development of East Harlem as a dynamic mixed-use neighborhood by permitting the expansion and development of residential, commercial, community facility and light manufacturing uses in appropriate areas;

(b)        to encourage the development of residential uses along appropriate corridors;

(c)        to encourage the development of permanently affordable housing;

(d)        to facilitate the development of high-density commercial and manufacturing uses in order to locate jobs near transit connections;

(e)        to enhance the vitality of both existing and emerging commercial corridors by ensuring that ground floor frontages are occupied by active uses that enliven the pedestrian experience along the street;

(f)        to ensure that the form and use of new buildings relates to and enhances neighborhood character and responds to unique neighborhood conditions such as the Park Avenue viaduct; and

(g)        to promote the most desirable use of land in the area and thus preserve, protect and enhance the value of land and buildings and thereby protect City tax revenues.

The provisions of this Chapter shall apply within the Special East Harlem Corridors 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 The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter.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.

The regulations of this Chapter are designed to implement the Special East Harlem Corridors District Plan. The District Plan includes the map, “Special East Harlem Corridors 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.

138-03

Subdistrict

In order to carry out the provisions of this Chapter, the Park Avenue Subdistrict is established within the Special East Harlem Corridors District. The location of the Subdistrict is shown in the Appendix to this Chapter.

In the event of a conflict between the provisions of this Chapter and Article IX, Chapter 5 (Special Transit Land Use District), the provisions of Article IX, Chapter 5 shall control.

In M1 Districts paired with a Residence District, the special use, bulk and parking and loading provisions of Article XII, Chapter 3 (Special Mixed Use Districts) shall apply, except where modified by the provisions of this Chapter, and shall supplement or supersede the provisions of the designated Residence or M1 District, as applicable.

In the Special East Harlem Corridors District, buildings containing residences shall be developed or enlarged in accordance with the Quality Housing Program and the regulations of Article II, Chapter 8 shall apply. The bulk regulations of this Chapter shall be considered the applicable bulk regulations for Quality Housing buildings.  

The use regulations of the underlying districts, or Article XII, Chapter 3 (Special Mixed Use Districts), as applicable, are modified by the provisions of this Section, inclusive.

In C4 or C6 Districts, the underlying provisions of Section 32-422 (Location of floors occupied by commercial uses) shall be modified, for mixed buildings that are developed or enlarged, to permit dwelling units on the same story as a commercial use provided no access exists between such uses at any level containing dwelling units and provided no commercial uses are located directly over any dwelling units. However, such commercial uses may be located over dwelling units by authorization of the City Planning Commission upon a finding that sufficient separation of residential uses from commercial uses exists within the building.

C1-5 C2-5 C4-6 C6-4 M1-6/R9 M1-6/R10

In the districts indicated, the development or enlargement of a building containing a transient hotel, as listed in Section 32-14 (Use Group 5), or the conversion or change of use within an existing building to a transient hotel, shall only be allowed:

(a)        upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings that the residential development goal, as set forth in this Section, has been met, or

(b)        where such residential development goal, has not been met, by special permit by the City Planning Commission. To permit such a transient hotel, the Commission shall find that:

(1)        sufficient 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 area, and such transient hotel is consistent with the character of the surrounding area.

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

For the purpose of applying the provisions of this Section, the residential development goal shall be met when at least 3,865 dwelling units within the combined areas of the Special East Harlem Corridors District, and the Park Avenue Hub Subdistrict, as shown on Map 1 in Appendix A of Article IX, Chapter 7 (Special 125th Street District), have received temporary or final certificates of occupancy subsequent to November 30, 2017.

Within the Special East Harlem Corridors District, the provisions of Section 73-36 (Physical Culture or Health Establishments) shall not apply. In lieu thereof, physical culture or health establishments shall be permitted as-of-right in C2-5, C4-6 and C6-4 Districts, and in M1 Districts paired with an R9 or R10 District.

C1-5 C2-5 C4-6 C6-4 M1-6/R9 M1-6/R10

In the districts indicated, for the purpose of applying regulations applicable to public parking garages set forth in Article III, Chapter 2 (Use Regulations) and Article III, Chapter 6 (Accessory Off-street Parking and Loading Regulations), the regulations set forth for C1-4 Districts shall apply to C1-5 Districts, and the regulations set forth for C2-4 Districts shall apply to all other districts. In an M1 District paired with an R9 or R10 District, the regulations of public parking garages in Article XII, Chapter 3 (Special Mixed Use Districts) shall not apply. In lieu thereof, the regulations set forth for C2-4 Districts shall apply.

In the Special East Harlem Corridors District, all developments and enlargements shall comply with the bulk regulations for Quality Housing buildings, as modified by the provisions of this Section, inclusive.

In all districts, the floor area provisions of Section 138-21 (Floor Area Regulations), inclusive, and the street wall location provisions of Section 138-22 (Street Wall Regulations), shall apply. In Commercial Districts, the height and setback provisions of Section 138-23 (Height and Setback Regulations in Commercial Districts) shall apply. In M1 Districts paired with an R9 or R10 District, the height and setback provisions set forth in Section 138-24 (Height and Setback Regulations in M1 Districts Paired With an R9 or R10 District) shall apply.

Within the Special East Harlem Corridors District, the underlying floor area regulations shall apply as modified in this Section, inclusive.

(a)        In certain Commercial Districts and in Manufacturing Districts paired with a Residence District, as shown on Map 2 of the Appendix to this Chapter, for any zoning lot containing residential floor area, the maximum residential floor area ratio shall be modified as follows:

(1)        for zoning lots complying with the applicable provisions of paragraph (d)(3) of Section 23-154 (Inclusionary Housing) or, for affordable independent residences for seniors, the maximum residential floor area ratio set forth on Map 2 shall apply;

(2)        for zoning lots utilizing the provisions of paragraphs (d)(4)(i) or (d)(4)(iii) of Section 23-154, the maximum residential floor area ratio shall apply as modified in the table below:

Maximum residential floor area ratio shown on Map 2

Modified maximum residential floor area ratio

8.5

7.52

9.0

7.52

10.0

9.0

(3)        except in C2 Districts subject to the provisions of paragraph (b) of this Section, the maximum floor area ratio for any combination of uses shall be the maximum floor area ratio specified in paragraphs (a)(1) or (a)(2) of this Section, whichever is applicable; and

(4)        in C4-6 Districts and in C2 Districts mapped within an R9 or R10 District, the floor area provisions of Sections 33-13 (Floor Area Bonus for a Public Plaza) or 33-14 (Floor Area Bonus for Arcades) shall not apply.

(b)        In C2 Districts mapped within an R7D District that is also located within 100 feet of Park Avenue, the maximum community facility floor area ratio shall be 6.5, except that the applicable provisions of paragraph (d) of Section 33-121 (In districts with bulk governed by Residence District bulk regulations) shall apply to zoning lots containing philanthropic or non-profit institutions with sleeping accommodations or long-term care facilities.

(c)        Any floor space occupied by a subway entrance provided pursuant to the provisions of Section 138-33 (Off-street Relocation or Renovation of a Subway Stair) shall not count as floor area.

Within the Park Avenue Subdistrict, as shown on Map 1 of the Appendix to this Chapter, the floor area ratio regulations of Section 138-211 are further modified in this Section.

(a)        Required non-residential floor area ratio

Where a development or enlargement of a building on a zoning lot, or portion thereof, located within the Park Avenue Subdistrict contains residential floor area, such zoning lot shall provide a minimum non-residential floor area ratio as set forth below:

(1)        in M1-6 Districts paired with an R9 District, a minimum non-residential floor area ratio of 1.0 shall be provided;

(2)        in C6-4 Districts, and in M1-6 Districts paired with an R10 District whose maximum residential floor area ratio is 10.0, a minimum non-residential floor area ratio of 1.5 shall be provided; and

(3)        in M1-6 Districts paired with an R10 District whose maximum residential floor area ratio is 12.0, a minimum non-residential floor area ratio of 1.5 shall be provided.

(b)        Maximum floor area ratio for zoning lots within M1-6 Districts paired with an R9 District

In M1-6 Districts paired with an R9 District, the maximum floor area ratio for any use, or any combination of uses, shall not exceed 8.5.

(c)        Modified maximum floor area ratio for certain zoning lots

The floor area ratios set forth in paragraphs (a) and (b) of this Section, and in Section 138-211, shall be modified, as follows:

(1)        the minimum non-residential floor area requirements set forth in paragraph (a) of this Section shall be optional for zoning lots existing on or before November 30, 2017, with a lot area of less than 5,000 square feet;

(2)        for zoning lots subject to paragraph (c)(1) of this Section, the maximum floor area ratio for all uses shall be set forth as follows:

Maximum floor area ratio shown on Map 2

Modified maximum floor area ratio

8.5

7.52

10.0

9.0

All developments and enlargements within the Special East Harlem Corridors District shall comply with the street wall regulations of Section 35-651 (Street wall location), as specified and modified in this Section. Where M1 Districts are paired with R9 or R10 Districts, developments and enlargements within such districts shall comply with the provisions of paragraph (b) of this Section. The applicable provisions of Section 35-651 are specified and modified as follows:

(a)        Along wide streets other than Park Avenue

Along all wide streets other than Park Avenue, and along narrow streets within 50 feet of an intersection with such wide street, the provisions of paragraph (b) of Section 35-651 shall apply, except that the minimum base height shall be 60 feet, or the height of the building, whichever is less.

(b)        Along Park Avenue

Along Park Avenue and along narrow streets located within 100 feet of Park Avenue, the provisions of paragraph (a) of Section 35-651 shall apply, except that the minimum base height shall be 40 feet, or the height of the building, whichever is less.

(c)        Along all other streets

Along all streets not subject to the provisions of paragraph (a) or (b) of this Section, the provisions of paragraph (a) of Section 35-651 shall apply, except that the minimum base height shall be 60 feet, or the height of the building, whichever is less.

(d)        Within flood zones

For buildings within the flood zone, the provisions of paragraphs (a), (b) and (c) of this Section, as applicable, shall be modified as follows:

(1)        for developments or horizontal enlargements, or portions thereof, where no transparent materials are provided on the ground floor level street wall below a height of four feet above the level of the adjoining sidewalk pursuant to the provisions of Section 37-34 (Minimum Transparency Requirements), for a continuous distance of more than 25 feet, such street wall shall be located at least three feet beyond the street line;

(2)        for portions of developments and enlargements where the provisions of paragraph (a) of this Section apply, such street wall shall not be located beyond five feet of the street line, except that such street wall may be located beyond such distance pursuant to the applicable provisions of paragraph (b) of Section 35-651 or of Section 64-333 (Street wall location in certain districts); and

(3)        the area between such street wall and the sidewalk, or portions thereof, that do not contain any planting pursuant to the provisions of paragraph (a) of Section 138-32 (Special Streetscape Provisions for Blank Walls), shall be improved to Department of Transportation standards for sidewalks, be at the same level as the adjoining public sidewalk and be accessible to the public at all times. In addition, such area shall provide visual mitigation elements in accordance with the provisions of Section 138-32.  

In Commercial Districts, the underlying height and setback provisions are modified as follows:

(a)        Basic Height and Setback Regulations

In Commercial Districts, the maximum height of buildings or other structures shall be as set forth in Sections 35-652 (Maximum height of buildings and setback regulations) or 35-654 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), as applicable, except that:

(1)        the minimum base heights shall be modified by the provisions of Section 138-22 (Street Wall Regulations);

(2)        in C2 Districts mapped within an R9 District that is also located within 100 feet of Third Avenue, the maximum building height for buildings utilizing the provisions of Section 35-654 shall be modified to 215 feet, and the maximum number of stories permitted pursuant to such Section shall be 21;

(3)        in C4-6 Districts whose maximum residential floor area ratio is 9.0, as set forth on Map 2 of the Appendix to this Chapter, the applicable provisions of Sections 35-652 or 35-654 for R9 Districts shall apply, except that the minimum base height set forth in Section 138-22 shall apply, the maximum building height for buildings utilizing the provisions of Section 35-654 shall be modified to 215 feet, and the maximum number of stories permitted pursuant to Section 35-654 shall be 21;

(4)        in a C2 District mapped within an R7D District that is also located within 100 feet of Park Avenue, the maximum building height for buildings utilizing the provisions of Section 35-654 shall be modified to 125 feet and the maximum number of stories permitted pursuant to such Section shall be 12; and

(5)        where applicable, in lieu of the provisions of this paragraph, the provisions of paragraph (b) of this Section may be applied.

The regulations of paragraph (b)(2) of Section 35-652 relating to requirements for qualifying ground floors, where otherwise applicable, shall not apply. In lieu thereof, the provisions of Section 138-30 (STREETSCAPE REQUIREMENTS), inclusive, shall apply.

(b)        Alternate Height and Setback Regulations in Certain Districts

In C2 Districts mapped within an R9 or R10 District, or in C4-6 or C6-4 Districts, as an alternative to the provisions of paragraph (a) of this Section, the provisions of this paragraph may be applied to zoning lots meeting the applicable 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), or to zoning lots where 50 percent or more of the floor area is occupied by non-residential uses.

(1)        Setbacks

At a height not lower than the minimum base height specified in Section 138-22 (Street Wall Regulations), nor higher than a maximum base height of 85 feet, a setback shall be provided in accordance with paragraph (c) of Section 23-662 (Maximum height of buildings and setback regulations). Above such required setback, any portion of such building shall be considered a “tower.”

(2)        Lot coverage requirements for towers

Each story of a tower containing residential floor area shall not exceed a maximum lot coverage of 40 percent, except that, for zoning lots of less than 20,000 square feet, such lot coverage may be increased in accordance with the table in Section 23-65 (Tower Regulations). Each story of a tower containing exclusively non-residential floor area shall not exceed a maximum lot coverage of 50 percent. However, where dormers are provided within the required setback, such portions of buildings shall not count toward the maximum allowable tower lot coverage set forth in this paragraph.

(3)        Maximum tower height

(i)        The maximum tower height shall be set forth on Map 3 of the Appendix to this Chapter.

(ii)        In C2 Districts mapped within R9 Districts that are also located within the Special Transit Land Use District, for zoning lots which include a transit easement in accordance with the applicable provisions of Article IX, Chapter 5 (Special Transit Land Use District), the maximum tower height shall be:

(a)        325 feet for zoning lots which include ancillary facilities with emergency egress and/or ventilation structures as specified in Section 95-032 (Determination of transit easement at other stations); and

(b)        215 feet for zoning lots which include only transit facilities specified in Section 95-032 other than ancillary facilities with emergency egress and/or ventilation structures.

In M1 Districts paired with an R9 or R10 District, the applicable street wall location and minimum base height provisions of paragraph (b) of Section 138-22 (Street Wall Regulations) shall apply, and the applicable maximum height of buildings or other structures and setback provisions set forth in Section 123-66 (Height and Setback Regulations), inclusive, shall apply as modified in this Section.

(a)        In M1 Districts paired with an R9 District, at a height not lower than the minimum base height set forth in Section 138-22, nor higher than a maximum base height of 105 feet, a setback shall be provided in accordance with paragraph (c) of Section 23-662 (Maximum height of buildings and setback regulations). The maximum building height shall be 215 feet;

(b)        in M1 Districts paired with an R10 District whose maximum floor area ratio is 10.0, at a height not lower than the minimum base height set forth in Section 138-22, nor higher than a maximum base height of 155 feet, a setback shall be provided in accordance with paragraph (c) of Section 23-662. The maximum building height shall be 275 feet; and

(c)        in M1 Districts paired with an R10 District whose maximum floor area ratio is 12.0, at a height not lower than the minimum base height set forth in Section 138-22, nor higher than a maximum base height of 155 feet, a setback shall be provided in accordance with paragraph (c) of Section 23-662. The maximum building height shall be 295 feet.

The provisions of this Section, inclusive, shall apply to developments or ground floor level enlargements in all districts. In Commercial Districts mapped within R7D Districts, the underlying provisions of Section 32-434 (Ground floor use in C4-5D and C6-3D Districts and in certain C2 Districts) shall not apply. Any portion of a ground floor level that is within a transit easement required pursuant to the provisions of Article IX, Chapter 5, or any portion of a ground floor level that contains a subway entrance required pursuant to the provisions of Section 138-33 (Off-street Relocation or Renovation of a Subway Stair), need not comply with the streetscape requirements of this Section, inclusive.

The special ground floor level streetscape provisions set forth in Section 37-30, shall apply to Second Avenue, Third Avenue, Lexington Avenue, Park Avenue and East 116th Street, within the Special East Harlem Corridors District which, for the purposes of applying such provisions, shall be considered designated retail streets, and any portion of a ground floor level street frontage along the designated retail streets, as well as any narrow street frontage within 50 feet of such streets, shall be considered primary street frontages. A ground floor level street frontage along any other street shall be considered a secondary street frontage. For the purposes of this Section, defined terms shall also include those defined in Section 37-311 (Definitions).

(a)        Along primary street frontages

For buildings, or portions thereof, with primary street frontage, uses on the ground floor level, to the minimum depth set forth in Section 37-32 (Ground Floor Depth Requirements for Certain Uses), shall be limited to non-residential uses, except for Type 2 lobbies and entrances and exits to accessory parking spaces provided in accordance with the applicable provisions of Section 37-33 (Maximum Width of Certain Uses). Group parking facilities located on the ground floor level shall be wrapped by floor area in accordance with the provisions of paragraph (a) of Section 37-35 (Parking Wrap and Screening Requirements). Ground floor level street walls shall be glazed in accordance with the provisions set forth in Section 37-34 (Minimum Transparency Requirements), except that:

(1)        in M1-6 Districts paired with an R9 or R10 District, where the ground floor level is occupied by uses in Use Groups 16, 17 and 18, up to 50 percent of the ground floor level street wall width may be exempt from such regulations, provided that any street wall width exceeding 50 feet with no transparent elements on the ground floor level shall provide planting or screening in accordance with the provisions of paragraphs (a) or (e) of Section 138-32 (Special Streetscape Provisions for Blank Walls) for at least 75 percent of such blank wall; and

(2)        in flood zones, where no transparent materials or building entrances or exits are provided on the ground floor level street wall lower than a height of four feet above the level of the adjoining sidewalk for a continuous width of at least 15 feet, visual mitigation elements shall be provided in accordance with Section 138-32 for such blank wall.

(b)        Along secondary street frontages

For buildings, or portions thereof, with secondary street frontage, all uses permitted by the underlying district shall be permitted on the ground floor level, provided that any group parking facilities on the ground floor level shall be wrapped or screened in accordance with Section 37-35.

The level of the finished floor of such ground floor shall be located not higher than five feet above nor lower than five feet below the as-built level of the adjoining street.

Where visual mitigation elements are required on a blank wall along the ground floor level street wall pursuant to the provisions of Section 138-31 (Ground Floor Use Regulations), at least 75 percent of the linear footage of any such blank wall shall be treated by one or more of the following visual mitigation elements which shall be provided on the zoning lot, except where such elements are permitted within the street under other applicable laws or regulations. Such features, when utilized as visual mitigation elements, shall include:

(a)        Planting

Any combination of perennials, annuals, decorative grasses or shrubs shall be provided in planting beds, raised planting beds or planter boxes in front of the street wall. Each foot in width of a planting bed, raised planting bed or planter box, as measured parallel to the street wall, shall satisfy one linear foot of frontage mitigation requirements. Such planting bed shall extend to a depth of at least three feet, inclusive of any structure containing the planted material. Any individual planted area shall have a width of at least five feet, and the height of such planting, inclusive of any structure containing the planted materials, shall be at least three feet.

Where a blank wall exceeds a street wall width of 50 feet, at least 25 percent of such street wall width shall be planted in accordance with the provisions of this paragraph.

(b)        Benches

Fixed benches with or without backs shall be provided in front of the street wall. Unobstructed access shall be provided between such benches and an adjoining sidewalk or required circulation paths. Each linear foot of bench, as measured parallel to the street wall, shall satisfy one linear foot of frontage mitigation requirement. Any individual bench shall have a width of at least five feet, and no more than 20 feet of benches may be used to fulfill such requirement per 50 feet of frontage.    

(c)        Bicycle racks

Bicycle racks, sufficient to accommodate at least two bicycles, shall be provided in front of the street wall, and oriented so that the bicycles are placed parallel to the street wall. Each bicycle rack so provided shall satisfy five linear feet of frontage mitigation requirement. No more than three bicycle racks may be used to fulfill such requirement per 50 feet of frontage.    

(d)        Tables and chairs

Fixed tables and chairs shall be provided in front of the street wall. Each table shall have a minimum diameter of two feet, and have a minimum of two chairs associated with it. Each table and chair set so provided shall satisfy five linear feet of frontage mitigation requirement.  

(e)        Wall treatment

Wall treatment, in the form of permitted signs, graphic or sculptural art, rustication, decorative screening or latticework, or living plant material, shall be provided along the street wall. Each linear foot of wall treatment shall constitute one linear foot of frontage mitigation requirement. Such wall treatment shall extend to a height of at least 10 feet, as measured from the level of the adjoining sidewalk or grade, and have a minimum width of 10 feet, as measured parallel to the street wall.

Where a development or enlargement is constructed on a zoning lot of at least 5,000 square feet that fronts on a portion of sidewalk containing a stairway entrance or entrances into the 116th Street Station of the Lexington Avenue subway line, such development or enlargement shall be subject to the regulations of Section 37-40 (OFF-STREET RELOCATION OR RENOVATION OF A SUBWAY STAIR).

The applicable parking and loading regulations of Article II, Chapter 5, Article III, Chapter 6, Article IV, Chapter 4 (ACCESSORY OFF-STREET PARKING AND LOADING REGULATIONS) or Section 123-70 (PARKING AND LOADING), inclusive, shall be modified in this Section, inclusive.

Appendix

SPECIAL EAST HARLEM CORRIDORS DISTRICT PLAN

        

Map 1: Special East Harlem Corridors District and Subdistrict (11/30/17)

Zoning Resolutions Chapter 8: Special East Harlem Corridors District Appendix.0

        

Map 2: Maximum Residential Floor Area Ratio (11/30/17)

Zoning Resolutions Chapter 8: Special East Harlem Corridors District Appendix.1

        

Map 3: Maximum Height (5/29/19)

Zoning Resolutions Chapter 8: Special East Harlem Corridors District Appendix.2

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