ERY Culture, Festival and Exhibit Facility

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

ERY High Line

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

High Line

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

High Line bed

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

High Line Landscape Improvement Deposit

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

High Line Maintenance Funding

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

High Line Rehabilitation Deposit

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

Hudson Yards District Improvement Fund

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

Hudson Yards Redevelopment Area

The “Hudson Yards Redevelopment Area” shall be the areas within the Special Hudson Yards District, Subdistrict A-2 of the Special Garment Center District, the 42nd Street Perimeter Area of the Special Clinton District, and the area bounded by the center line of Eleventh Avenue, the northern street line of West 43rd Street, the westerly prolongation of the northern street line of West 43rd Street to the U.S. Pierhead Line, the U.S. Pierhead Line, the westerly prolongation of the southern street line of West 29th Street to the U.S. Pierhead Line, and the southern street line of West 29th Street. However, the area bounded by the westerly side of Eleventh Avenue, the southerly side of West 43rd Street, the westerly side of Twelfth Avenue and the northerly side of West 33rd Street shall not be included in the Hudson Yards Redevelopment Area, except for any portion of such blocks containing a transit easement for subway-related use. Furthermore, the Hudson Yards Redevelopment Area shall not include any underground connections from a subway station to any use located on such excluded blocks or between any such uses.

Phase 2 Hudson Boulevard and Park

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

Tenth Avenue Spur

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

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

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

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

Map 1        Special Hudson Yards District, Subdistricts and Subareas

Map 2        Mandatory Ground Floor Retail

Map 3        Mandatory Street Wall Requirements

Map 4        Mandatory Sidewalk Widenings

Map 5        Transit Facilities

Map 6        Sites Where Special Parking Regulations Apply

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

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

Map 2        Subdistrict F: Site Plan

Map 3        Subdistrict F: Public Access Area Plan

Map 4        Subdistrict F: Mandatory Ground Floor Requirements

Map 5        Subdistrict F: Mandatory Street Wall Requirements

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

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

Large-Scale Plan Subdistrict A

Farley Corridor Subdistrict B

34th Street Corridor Subdistrict C

Hell’s Kitchen Subdistrict D

South of Port Authority Subdistrict E

Western Rail Yard Subdistrict F

Eleventh Avenue Subdistrict G

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

Within the Large-Scale Plan Subdistrict A:

Eastern Rail Yard Subarea A1

Four Corners Subarea A2

Subarea A3

Subarea A4

Subarea A5

Within Farley Corridor Subdistrict B:

Western Blocks Subarea B1

Central Blocks Subarea B2

Farley Post Office Subarea B3

Pennsylvania Station Subarea B4

Within Hell’s Kitchen Subdistrict D:

Subarea D1

Subarea D2

Subarea D3

Subarea D4

Subarea D5

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

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

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

For purposes of this Chapter, all references to community facility, community facility use or uses in Use Groups 3 or 4 in connection with Eastern Rail Yard Subarea A1 shall be deemed to include an ERY Culture, Festival and Exhibit Facility.

The provisions for the use of air space over railroad or transit right-of-ways or yards set forth in Sections 22-41, 32-44 and 42-462 shall not apply. In lieu thereof, all developments or enlargements within such air space shall comply with the provisions of this Chapter.

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

(a)        Retail continuity along designated streets in Subdistricts A, B, C, D and E

Map 2 in Appendix A of this Chapter specifies locations where the special ground floor use and transparency requirements of this Section apply. Such regulations shall apply along either 100 percent or 50 percent of the building’s street frontage, as indicated on Map 2.

Uses within stories that have a floor level within five feet of curb level shall be limited to commercial uses permitted by the underlying district, not including uses listed in Use Groups 6B, 6E, 7C, 7D, 8C, 8D, 9B, 10B, 11 or 12D. Such uses shall comply with the minimum depth provisions of Section 37-32 (Ground Floor Depth Requirements for Certain Uses).

A building’s street frontage shall be allocated exclusively to such uses, except for lobby space, entryways, entrances to subway stations, other subway-related uses as described in Section 93-65 (Transit Facilities), or within the Eastern Rail Yard Subarea A1 where such retail continuity requirements are applicable to building walls facing certain public access areas, pursuant to Section 93-71, as follows:

(1)        for building walls facing the outdoor plaza described in Section 93-71, paragraph (b): the through block connection described in Section 93-71, paragraph (d), and the connection to the public plaza described in Section 93-71, paragraph (e);

(2)        for building walls facing the through block connection described in Section 93-71, paragraph (d): the outdoor plaza described in Section 93-71, paragraph (b);

(3)        for building walls facing the connection to the public plaza described in Section 93-71, paragraph (e): the outdoor plaza described in Section 93-71, paragraph (b) and the public plaza described in Section 93-71, paragraph (c); or

(4)        a combination of retail uses and public access areas so as to satisfy such depth requirement for retail continuity.

The length of street frontage (exclusive of any portion of such street frontage allocated to entrances to subway stations and other subway-related uses) occupied by lobby space or entryways shall comply with the applicable provisions for Type 2 lobbies in Section 37-33 (Maximum Width of Certain Uses), except within the Eastern Rail Yard Subarea A1, where the width of a lobby located on a building wall facing the eastern boundary of the outdoor plaza may occupy 120 feet or 25 percent of such building wall, whichever is less, and within the Four Corners Subarea A2 of the Large-Scale Plan Subdistrict A, for a development occupying a full block with frontage on Hudson Boulevard East and Tenth Avenue and having two million or more square feet of floor area, the width of lobbies located on the Hudson Boulevard East street frontage or the Tenth Avenue street frontage may occupy up to 70 feet of the building wall width of the building located on each such frontage.

(b)        Retail continuity along designated streets in Subdistrict F

Map 4 (Subdistrict F: Mandatory Ground Floor Requirements) in Appendix B specifies locations where the special ground floor use and transparency requirements of this Section apply. Such regulations shall apply along either 100 percent or 70 percent of the building’s street frontage, as indicated for each location on Map 4.

(1)        Along Eleventh Avenue

The ground floor retail provisions established in paragraph (a) of this Section shall apply to the ground floor street frontage of buildings along Eleventh Avenue. In addition, if a street frontage is occupied by a bank, as listed in Use Group 6, such a street frontage shall not exceed a street wall width, in total, of 25 feet.

(2)        Along designated streets other than Eleventh Avenue

In addition to the uses listed in paragraph (a) of this Section, the following community facility uses from Use Groups 3 and 4 as well as the following commercial use from Use Group 6B shall be permitted within a story that has a floor level within five feet of curb level for frontages along designated streets, as shown on Map 4, other than Eleventh Avenue.

From Use Group 3:

Art galleries, non-commercial

Libraries

Museums

Nursery, kindergarten, elementary or secondary schools (with no living or sleeping accommodations)

From Use Group 4:

Ambulatory diagnostic and treatment health care facilities

Community centers

Houses of worship

Recreation centers, non-commercial

From Use Group 6B:

Veterinary medicine, limited to small animals.

A minimum of 70 percent of the aggregate width of street wall shall be occupied by uses permitted in this Section. A minimum of 50 percent of the street frontage of a building shall be allocated exclusively to uses listed in paragraph (a) and Use Group 3 uses listed in this paragraph, (b)(2). In addition, a maximum of 20 percent of the street frontage of a building shall be permitted to provide the Use Group 4 and 6B uses listed in this paragraph, (b)(2). However, if a street frontage is occupied by a bank, as listed in Use Group 6, such street frontage shall not exceed a street wall width, in total, of 25 feet.

The remaining portion of the street wall may be occupied by uses listed in this Section, or by lobby space, mechanical space or entrances to accessory parking garages, provided that:

(i)        the maximum width of a single lobby frontage shall comply with the provisions for Type 2 lobbies set forth in Section 37-33. A maximum of two such lobbies shall be permitted along a single street wall frontage, provided that the minimum distance between such lobbies shall not be less than 120 feet; and

(ii)        the maximum width of a street wall occupied by an entrance to accessory parking spaces shall not exceed 35 feet.

(c)        Transparency requirements along designated streets in Subdistricts A, B, C, D, E and F

For any development or ground floor enlargement fronting on streets designated on Map 2 in Appendix A of this Chapter, glazing shall be provided in accordance with the provisions set forth in paragraph (c) of this Section.

Each ground floor level street wall of a commercial or community facility use, as set forth in this Section, shall be glazed in accordance with Section 37-34 (Minimum Transparency Requirements).

For developments or enlargements fronting upon Hudson Boulevard that are adjacent to existing buildings located within the Hudson Boulevard street bed or public park, the Hudson Boulevard street wall of such development or enlargement shall be designed in a manner that will enable the glazing requirements of this Section to be met upon demolition of the buildings within such street bed or public park and, within six months of such demolition, such glazing requirements shall be complied with.

(d)        Non-transparent walls within Subdistrict F

Within Subdistrict F, any non-transparent area of a new or existing wall with a width in excess of 40 feet and a height in excess of five feet fronting upon a public sidewalk or publicly accessible open space shall be treated with a decorative element or material or shall be screened with planting so as to provide visual relief. Such screening or decorative treatment shall be required to a height of 15 feet above the level of the public sidewalk or publicly accessible open space, or the height of the wall, whichever is less.

In C2-5, C2-8 and C6 Districts, the provisions of Sections 32-17 (Use Group 8) and 32-21 (Use Group 12) with respect to public parking garages and public parking lots are inapplicable and are superseded by the provisions of Section 93-80 (OFF-STREET PARKING REGULATIONS).

(a)        Subdistricts A, B, C, D and E

Within Subdistricts A, B, C, D and E, the underlying sign regulations shall apply, except that flashing signs shall not be allowed within 100 feet of Hudson Boulevard, its northerly prolongation to West 39th Street and its southerly prolongation to West 33rd Street. Within the Pennsylvania Station Subarea B4, the provisions of Section 93-161 (Special permit for signs within the Pennsylvania Station Subarea) shall apply. The following modifications to the underlying sign regulations shall apply in the Eastern Rail Yard Subarea A1:

(1)        Flashing signs shall not be allowed on any portion of a building fronting upon the outdoor plaza required pursuant to Section 93-71.

(2)        For signs facing Tenth Avenue, or on a portion of a building within 100 feet of Tenth Avenue, in addition to signs permitted under the underlying sign regulations:

(i)        up to four signs may exceed the maximum height limitations of the underlying sign regulations, provided that no such sign exceeds 95 feet in height; and

(ii)        up to five signs may be located without regard to the maximum surface area limitations of the underlying sign regulations, provided that:

(a)        the aggregate surface area of such signs does not exceed 4,400 square feet; and

(b)        each such sign shall have a maximum surface area of 650 square feet, except for one sign that may have a maximum surface area of 1,800 square feet.

Any sign which exceeds the maximum height permitted by the underlying sign regulations shall direct attention to no more than one business conducted on the zoning lot and no such signs shall be flashing signs. Additionally, no more than two of the additional signs permitted under this paragraph (a)(2), if located below the maximum height permitted by the underlying sign regulations, shall be flashing signs.

Erection of one or both of the additional flashing signs permitted under this paragraph (a)(2) shall be conditioned upon and subject to additional limitations upon flashing effects for all flashing signs located on a building wall facing Tenth Avenue or on a building wall within 100 feet of Tenth Avenue, as prescribed by the City Planning Commission pursuant to a restrictive declaration. Recordation of such restrictive declaration in the Office of the Register and compliance with the terms thereof with respect to any previously erected flashing signs permitted under the underlying sign regulations shall be a precondition to the issuance of permits by the Commissioner of Buildings for an additional flashing sign permitted under this paragraph.

(3)        Along the ERY High Line, the sign regulations as set forth in Section 93-16, paragraph (b)(1), shall apply. In addition, no flashing signs above the level of the High Line bed shall be located within 150 feet of and facing the ERY High Line.

(4)        For an ERY Culture, Festival and Exhibit Facility, the total surface area of all permitted signs and banners shall be as set forth in this paragraph, (a)(4). The maximum aggregate surface area of all signs shall not exceed 2,700 square feet. Signs, other than banners, facing the outdoor plaza, as described in Section 93-71, paragraph (b), shall not exceed a maximum aggregate surface area of 200 square feet; signs facing the connection to the High Line, as described in Section 93-71, paragraph (f), shall not exceed a maximum aggregate surface area of 200 square feet; and signs facing West 30th Street shall not exceed a maximum aggregate surface area of 1,700 square feet. A maximum of 600 square feet of signs in the form of banners are permitted facing or within the outdoor plaza. No sign shall exceed a height of 30 feet above the level of the Culture Facility Plaza, as described in Section 93-71, paragraph (j) and no signs facing West 30th Street shall be located at a height above the High Line. Banners located within the outdoor plaza may be installed on one or two poles located not less than 13 feet from an ERY Culture, Festival and Exhibit Facility. The bottom of any such banner shall be located at least 10 feet above the bottom of the pole. Any sign that exceeds 300 square feet of surface area shall be non-illuminated or a sign with indirect illumination.

(b)        Subdistrict F

For the purposes of calculating the permitted surface area of a sign, each site set forth on Map 2 (Subdistrict F: Site Plan) in Appendix B shall be considered a separate zoning lot.

(1)        Along the High Line

The sign regulations of the underlying districts shall not apply to signs located within 50 feet of the High Line, except for signs located entirely below the level of the High Line bed. In lieu thereof, the sign regulations of a C1 District shall apply, except that accessory signs located within the High Line frontage may have a maximum height of 20 feet above the level of the High Line bed.

No signs affixed to or resting upon the High Line shall be permitted, except as pursuant to a signage plan for the High Line, as authorized by the City Planning Commission, provided the Commission finds that such signage plan will:

(i)        enhance the use of the High Line by providing signage that is consistent with the use of the High Line as a public open space;

(ii)        provide, at a minimum, directional, informational and interpretive signage consistent with the use of the High Line as a public open space;

(iii)        be integrated with the design of the High Line open space; and

(iv)        not adversely affect development adjacent to the High Line and in the surrounding neighborhood.

(2)        Other locations

Within Subdistrict F, the underlying sign regulations shall apply for signs located beyond 50 feet of the High Line, and for portions of signs located entirely below the level of the High Line bed along West 30th Street. However, flashing signs shall not be permitted in Subdistrict F, except along frontages within 200 feet of the intersection of the West 33rd Street and Eleventh Avenue street lines.

In the Large-Scale Plan Subdistrict A, for a period of not more than 10 years after January 19, 2005, existing automobile repair establishments listed in Use Group 16 of Section 32-25 that were conforming prior to January 19, 2005, may be enlarged, provided that the floor area ratio of any such establishment, including any enlargement pursuant to this Section, does not exceed 5.0.

Electrical utility substations shall be allowed in the Special Hudson Yards District in order to serve the needs of the Special District, and the regulations thereof shall be modified as necessary to accommodate the operational needs of the substation, upon authorization of the City Planning Commission which shall be issued upon finding, with respect to a proposed site, that:

(a)        to the extent reasonably permitted by the operational needs of the substation, the architectural and landscaping treatment of such use will blend harmoniously with the abutting area; and

(b)        if the site proposed for such use is Subareas D4 or D5 of the Hell’s Kitchen Subdistrict D of the Special Hudson Yards District, that there are difficulties in locating such use in other Subdistricts of the Special Hudson Yards District.

The Commission may, consistent with cost-effective operations and capital planning, and the operational needs of the substation, prescribe appropriate conditions and safeguards on matters necessary to effectuate the provisions of paragraph (a) of this Section which are not regulated by other applicable codes, laws, rules or regulations. The applicant shall provide the Department of City Planning with a general description of such codes, laws, rules or regulations and a certification that the proposed substations shall comply therewith.

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

(a)        Subareas A2 through A5

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

(1)        18.0 or more in Subareas A2 and A3

(2)        15.6 or more in Subarea A4

(3)        14.0 or more in Subarea A5.

MAXIMUM PERMITTED FLOOR AREA RATIO WITHIN SUBAREAS A2 THROUGH A5

C   = Commercial FAR

CF = Community Facility FAR

R   = Residential FAR

(b)        Eastern Rail Yard Subarea A1

The Eastern Rail Yard Subarea A1 shall generate a maximum floor area ratio of 19.0. The maximum floor area ratio for commercial use shall be 19.0, the maximum floor area ratio for residential use shall be 3.0, and the maximum floor area ratio for community facility use shall be 2.0. In order to promote a superior site plan, the amount of floor area permitted in the subarea shall be limited, and unused floor area may be distributed as follows:

(1)        The maximum floor area ratio for any zoning lot in the subarea shall be 11.0. The maximum floor area ratio for commercial use shall be 9.0, the maximum floor area ratio for community facility use shall be 2.0, and the maximum floor area ratio for residential use shall be 3.0. Residential use shall only be permitted on a zoning lot with a non-residential floor area ratio of 8.0 or more, or as provided for phased developments pursuant to Section 93-122 (Certification for residential use in Subdistricts A, B and E).

Any floor space occupied by an ERY Culture, Festival and Exhibit Facility, including any floor space accessory thereto, that is located below the elevation of the Culture Shed Plaza described in Section 93-71, paragraph (j), within the moveable portion that may be extended and retracted to cover and enclose all or any portion of the Culture Facility Plaza, or within a portion of a building that contains residential use and is not designed to house such moveable portion, shall be exempt from the definition of floor area for the purposes of calculating the permitted floor area ratio for community facility uses and the total maximum floor area ratio of the zoning lot. In addition, in a building containing both residential use and an ERY Culture, Festival and Exhibit Facility, any floor space occupied by elevator shafts, structural systems or stairwells serving the residential use that is either located on any story occupied entirely by the ERY Culture, Festival and Exhibit Facility, except for such elevator shafts, structural systems, and stairwells, or is located on a story occupied in part by the ERY Culture, Festival and Exhibit Facility where such elevator shaft or stairwell is not accessible for residential use on such story except for emergency egress, shall be exempt from the definition of floor area for the purposes of calculating the permitted floor area ratio for residential uses and the total maximum floor area ratio of the zoning lot.

For a building, or portion of a building, containing residential use that is located adjacent to the ERY High Line, any floor space used for storage, restrooms, maintenance facilities or other support space for the ERY High Line shall be exempt from the definition of floor area for the purposes of calculating the permitted floor area ratio for residential or community facility uses and the total maximum floor area ratio of the zoning lot.

(2)        Unused floor area may be distributed to zoning lots in Subareas A2 through A5 pursuant to Section 93-34, provided the total amount of distributed floor area does not exceed an amount equal to the lot area of the Eastern Rail Yard Subarea A1 multiplied by 10.0. Furthermore, the total floor area distributed to Subarea A2 shall not exceed 3,238,000 square feet.

(c)        Phase 2 Hudson Boulevard and Park

For zoning lots or portions of zoning lots in the Phase 2 Hudson Boulevard and Park, the provisions of Section 93-32 (Floor Area Regulations in the Phase 2 Hudson Boulevard and Park) and 93-33 (Special Regulations for Residual Portions of Zoning Lots Partially Within the Phase 2 Hudson Boulevard and Park) shall apply.

Notwithstanding the provisions of this Section, the basic maximum permitted floor area ratio may be increased on an “adjacent lot” pursuant to Section 74-79 (Transfer of Development Rights From Landmark Sites), provided that the maximum floor area transferred from the landmark lot does not exceed the basic maximum permitted floor area ratio less the total floor area of all buildings on the landmark lot.

(a)        Subdistricts B, C, D and E

In Subdistricts B, C, D and E, the basic maximum floor area ratio is determined by the subdistrict and, where applicable, subarea, as specified in the table in this Section. The basic maximum floor area ratios for non-residential buildings are set forth in Row A, and the basic maximum floor area ratios for buildings containing residences are set forth in Row B. Such basic maximum floor area ratios may be increased to the amount specified in Row C only pursuant to Section 93-31 (District Improvement Fund Bonus) or as otherwise specified in Sections 93-221 through 93-224.

For a zoning lot with more than one building, the basic maximum floor area ratios set forth in Row A shall apply, provided that any building that is developed or enlarged after January 19, 2005, is wholly non-residential. If a building containing residences is developed or enlarged on such a zoning lot after January 19, 2005, the basic maximum floor area ratios set forth in Row B shall apply.

Notwithstanding the provisions of this Section, the basic maximum permitted floor area ratio may be increased on an “adjacent lot” pursuant to Section 74-79 (Transfer of Development Rights From Landmark Sites), provided that the maximum floor area transferred from the landmark lot does not exceed the basic maximum permitted floor area ratio less the total floor area of all buildings on the landmark lot.

Maximum Permitted Floor Area Ratio within Subdistricts B through E

C        = Commercial FAR

CF        = Community Facility FAR

R        = Residential FAR

(b)        Subdistrict F

In Subdistrict F, the floor area ratio provisions of Section 93-225 (Floor area regulations in Subdistrict F) shall apply.

(c)        Subdistrict G

In Subdistrict G, the floor area ratio provisions of Section 93-226 (Floor area regulations in Subdistrict G) shall apply.

Subdistrict C (34th Street Corridor) and Subareas D1 and D2 of Subdistrict D (Hell’s Kitchen) of the Special Hudson Yards District and Subdistrict A-2 of the Special Garment Center District, shall be Inclusionary Housing designated areas, pursuant to Section 12-10 (DEFINITIONS) for the purpose of making the Inclusionary Housing Program regulations of Sections 23-154 (Inclusionary Housing) and 23-90 (INCLUSIONARY HOUSING), inclusive, applicable as modified within the Special Districts. The underlying provisions of Sections 23-154 and 23-90 shall only be applicable in Subdistrict F as modified by Section 93-233 (Floor area increase for affordable housing in Subdistrict F).

In Subdistrict A-2 of the Special Garment Center District and in the Special Hudson Yards District, except in Subdistrict F, the Chairperson of the City Planning Commission shall allow, by certification, the applicable basic maximum floor area ratio to be increased up to the maximum amount specified in Sections 93-21, 93-22 or 121-31, as applicable, provided that instruments in a form acceptable to the City are executed and recorded and that, thereafter, a contribution has been deposited in the Hudson Yards District Improvement Fund. The execution and recording of such instruments and the payment of such non-refundable contribution shall be a precondition to the filing for or issuing of any building permit allowing more than the basic maximum floor area for such development or enlargement.

The Commissioner of Buildings shall not authorize the construction of any development or enlargement utilizing floor area bonused pursuant to this Section, including foundations with respect thereto, nor shall the construction of any bonused portion thereof be authorized, until the Chairperson has certified that the requirements of this Section have been met. Nothing herein shall limit the ability of the Commissioner of Buildings to issue a permit for the construction of a development or enlargement which does not utilize such bonused floor area, provided that, prior to issuance of such permit, the Chairperson has notified the Commissioner of Buildings in writing of the receipt by the Department of City Planning of either:

(a)        a letter from the applicant for such permit dated no earlier than 30 days prior to issuance thereof, stating whether as of such date the applicant anticipates filing an application to increase the applicable basic maximum floor area ratio pursuant to the provisions of this Section and/or Section 23-154 (Inclusionary Housing), as modified by Section 93-23 (Modifications of Inclusionary Housing Program); or

(b)        an application for a bonus from such applicant to increase the applicable basic maximum floor area ratio pursuant to the provisions of this Section and/or Section 23-154, as modified by Section 93-23.

Copies of letters received from applicants pursuant to paragraph (a) of this Section shall be forwarded by the Department of City Planning to the Community Board and local City Council member, and maintained on file and be available for public inspection at such Department.

The contribution amount shall be $100 per square foot of floor area as of January 19, 2005, and shall be adjusted by the Chairperson annually. Such adjustment shall occur on August 1 of each calendar year, based on the percentage change in the Consumer Price Index for all urban consumers as defined by the U.S. Bureau of Labor Statistics for the twelve months ended on June 30 of that year. The contribution amount shall be determined based upon the rate which is in effect at the time the contribution is received, and contributions may be made only on days when the Hudson Yards Infrastructure Corporation (the “Corporation”) is open for business and during business hours as specified by the Corporation.

The Commission may promulgate rules regarding the administration of this Section, and the Commission may also, by rule, adjust the contribution amount specified in the preceding paragraph to reflect changes in market conditions within the Hudson Yards Redevelopment Area if, in its judgment, the adjusted amount will facilitate the district-wide improvements that are consistent with the purposes of this Chapter and the purposes of the Special Garment Center District. The Commission may make such an adjustment by rule, not more than once a year.

For any such adjustment by rule decreasing the contribution amount, or increasing the contribution amount by more than the percentage change in the Consumer Price Index for all urban consumers, the following shall apply:

(1)        Such rule shall be effective for not more than two years; and

(2)        The Commission shall not publish the proposed rule pursuant to the City Administrative Procedure Act unless the City Council Land Use Committee and the Department of City Planning have jointly filed an application for a zoning text amendment under Section 201 of the New York City Charter, which would make such adjustment of the contribution amount permanently effective. The contribution amount established under such rule as finally adopted shall continue in effect with further adjustments based upon the Consumer Price Index for all urban consumers, until the next adjustment of the contribution amount pursuant to this Section.

For the conversion to dwelling units of non-residential floor area, 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 the provisions of this Section.

In the Phase 2 Hudson Boulevard and Park, no development shall be permitted and, except as provided in Section 93-051 (Applicability of Article I, Chapter 1), no building shall be enlarged. However, floor area from a granting site within the Phase 2 Hudson Boulevard and Park may be transferred to a receiving site in accordance with the provisions of paragraph (a) of this Section.

For the purposes of this Section, a “granting site” shall mean a zoning lot, or portion thereof, within the Phase 2 Hudson Boulevard and Park and the lot area of such granting site shall include any area on such site designated on the City Map as Hudson Boulevard or public park, and a “receiving site” shall mean a zoning lot, or portion thereof, within Subareas A2 through A5 of the Large-Scale Plan Subdistrict A or Subareas D1 or D2 of Hell’s Kitchen Subdistrict D, to which floor area from a granting site has been transferred.

Special regulations for certain zoning lots partially within the Phase 2 Hudson Boulevard and Park are set forth in Section 93-33.

(a)        Transfer of floor area by certification

The Chairperson of the City Planning Commission shall allow, by certification, the applicable basic maximum floor area ratio of a receiving site to be increased up to the maximum amount specified in Section 93-21 or 93-22, as applicable, through the transfer of floor area from a granting site, provided that:

(1)        the maximum amount of floor area transferred from a granting site shall not exceed the floor area ratio permitted on the granting site, as listed below, less any existing floor area to remain on the granting site:
 

(2)        each transfer, once completed, irrevocably reduces the amount of floor area that may be transferred from the granting site by the amount of floor area transferred;

(3)        the maximum amount of floor area transferred to a receiving site shall be based on an amount not to exceed the floor area ratio permitted on a zoning lot through such transfer pursuant to Section 93-21 or 93-22, as applicable. In the event a granting site generates more floor area than is permitted on a receiving site, the Chairperson shall certify that such excess floor area be credited towards future floor area transfers pursuant to this Section; and

(4)        where all floor area shall be transferred from a granting site pursuant to one or more such certifications, all certificates of occupancy have been surrendered for such granting site, all structures on such granting site have been demolished, and such granting site has been conveyed to the City for improvement, where applicable, as a public park or street, as provided for on the City Map.

Where, as a result of the transfer of floor area pursuant to this paragraph (a), the amount of floor area on a receiving site is less than the maximum allowable as specified for the applicable subarea in Row B in the table in Section 93-21 and Row C in the table in Section 93-22, any additional floor area, up to the maximum floor area ratio permitted on the receiving site as specified in such rows, may be achieved only through contributions to the Hudson Yards District Improvement Fund pursuant to Section 93-31 (District Improvement Fund Bonus), an increase in floor area pursuant to paragraph (b) of this Section or Section 93-33 (Special Regulations for Residual Portions of Zoning Lots Partially Within the Phase 2 Hudson Boulevard and Park), or the Inclusionary Housing Program pursuant to Section 23-154, as modified by Section 93-23.

An application filed with the Chairperson for the transfer of floor area pursuant to this paragraph (a) shall be made jointly by the owners of the granting site and receiving site, and shall include a site plan and floor area zoning calculations for the granting site and the receiving site, and a copy of the transfer instrument legally sufficient in both form and content to effect such a transfer, together with notice of the restrictions upon further development of the granting site and the receiving site.

Notices of restrictions shall be filed by the owners of the granting site and receiving site in the Borough Office of the Register of the City of New York, indexed against the granting site and the receiving site, a certified copy of which shall be submitted to the Chairperson of the Commission. Receipt of certified copies thereof shall be a pre-condition to issuance of any building permit, including any foundation or alteration permit, for any development or enlargement on the receiving site which incorporates floor area transferred pursuant to this paragraph (a).

(b)        Authorization for contribution-in-kind

The City Planning Commission may authorize a contribution-in-kind to the Hudson Yards District Improvement Fund for a receiving site, provided that:

(1)        the conditions for transferring floor area set forth in paragraph (a) of this Section have been met as of the date of the authorization or will be met in accordance with agreements or instruments entered into pursuant to paragraph (b)(3) of this Section;

(2)        the granting site will be improved, at the applicant’s expense, as a public park or street, as provided for on the City Map, prior to conveyance to the City; and

(3)        the applicant, or an affiliate of such applicant, has entered into an agreement or provided instruments in a form satisfactory to the City, providing for the improvement of the granting site as a public park or street pursuant to an agreed-upon construction schedule. The construction schedule may be adjusted from time to time in accordance with the provisions of such agreement or instruments and shall include progress milestones, including the date by which the improvements will be 50 percent complete, and a date by which the improvements will be substantially complete and usable by the public. In the event that the conditions for transferring floor area set forth in paragraph (a) of this Section have not been completed as of the date of this authorization, such agreement or instruments shall also provide that such conditions will be met, to the extent applicable, pursuant to an agreed-upon schedule.

In order to grant such authorization, the Commission shall find that the public park or street has been designed in accordance with the approved plan for the Hudson Boulevard and Park, or as an appropriate interim design, in consultation with the Department of Parks and Recreation or Department of Transportation.

The Commission shall determine the reasonable cost of such improvement, including any acquisition and site preparation costs, and shall divide this reasonable cost by the contribution amount per square foot of the District Improvement Bonus, as determined pursuant to Section 93-31, and in effect on the date of authorization of the contribution-in-kind pursuant to this paragraph (b), in order to determine the amount of increased floor area generated by the contribution-in-kind. In making such determination, the Commission may consult with an appraiser or engineer at the applicant’s expense. In the event the contribution-in-kind results in an amount of floor area in excess of what is permitted on the receiving site, the Commission shall authorize that such excess floor area be credited towards future floor area increases pursuant to Section 93-31.

The owner of the receiving site shall not apply for or accept a temporary certificate of occupancy for that portion of the development or enlargement identified as utilizing the increased floor area permitted pursuant to this paragraph (b), and the Department of Buildings shall not issue a temporary certificate of occupancy for such portion until the Chairperson has certified that the improvements are substantially complete and usable by the public. The owner shall not apply for or accept a permanent certificate of occupancy for such portion of the development or enlargement nor shall the Department of Buildings issue a permanent certificate of occupancy for such portion until the improvements have been finally completed in accordance with the approved plans and such final completion has been certified by the Chairperson. A restrictive declaration in a form acceptable to the Chairperson shall be recorded against the receiving site in the Office of the Register of the City of New York in order to implement such restrictions.

An application filed with the Chairperson for the contribution-in-kind pursuant to this paragraph (b) shall be made jointly by the owners or contract vendees of the granting site and receiving site and shall, in all instances, include the party responsible either directly or through its affiliate, for the improvement of the granting site as a public park or street pursuant to the agreement or instruments entered into pursuant to paragraph (b)(3) of this Section.

Receipt of executed copies of the agreement or instruments required pursuant to paragraph (b)(3) of this Section, and of copies of the recorded restrictive declaration, shall be a precondition to the issuance of a building permit, including any foundation or alteration permit, for any development or enlargement on the receiving site that incorporates a floor area bonus granted pursuant to this paragraph (b).

In no event shall a building permit for a development or enlargement utilizing a floor area increase pursuant to this paragraph (b) be granted for the receiving site until the Chairperson provides notice to the Commissioner of Buildings that the applicant, or affiliate responsible for the improvement of the granting site, has provided acceptable evidence of site control for purposes of construction of the improvement.

Where all of the lot area within the following parcels, as they existed on January 19, 2005, that is also within the Phase 2 Hudson Boulevard and Park, has been conveyed to the City pursuant to the provisions of Section 93-32, the owner of the residual portion of one of these parcels may convey to the City such residual portion, with all development rights appurtenant thereto, provided that all certificates of occupancy have been surrendered and all structures on such parcel have been demolished:

Block 708, Lots 20 and 46

Block 709, Lot 17

Block 710, Lot 20.

When such conveyance is made, the Chairperson of the City Planning Commission may certify that such owner is entitled to an increase in floor area on any receiving site as specified in Section 93-32, in lieu of a permitted floor area increase in exchange for contributions to the Hudson Yards District Improvement Fund. The amount of increase certified shall not exceed the lot area of the residual portion times the floor area ratio of the applicable zoning district, as specified in Section 93-32, paragraph (a)(1).

The maximum amount of floor area increase on a receiving site shall be based on an amount not to exceed the floor area ratio increase permitted on a zoning lot through such contribution pursuant to Sections 93-21 or 93-22, as applicable. In the event the certified permissible floor area increase is greater than that permitted on a receiving site, the Chairperson shall certify that such excess floor area be credited towards future floor area increases on receiving sites pursuant to this Section.

Once certified by the Chairperson, the entitlement to an increase in floor area pursuant to this Section shall be the property of the former owner of the residual property conveyed to the City, and such owner may assign, sell or otherwise transfer such entitlement without restriction.

Where certification is made pursuant to this Section, the site plan and floor area calculations for the receiving site, together with the notice of restrictions upon further development of the receiving site, included in the application submitted pursuant to Section 93-32, shall set forth the increase in floor area for such receiving site certified hereunder.

In order to promote a superior site plan in the Eastern Rail Yard Subarea A1 of the Large-Scale Plan Subdistrict A, the Chairperson of the City Planning Commission shall allow, by certification, the distribution of floor area from the Eastern Rail Yard Subarea A1 to zoning lots in Subareas A2 through A5 of the Large-Scale Plan Subdistrict A. Such distribution shall only be permitted for receiving sites that have maximized their permitted floor area through contributions to the Hudson Yards District Improvement Fund, pursuant to Section 93-31, or the transfer of floor area or increase in the amount of floor area from the Phase 2 Hudson Boulevard and Park, pursuant to Sections 93-32 or 93-33. For the purposes of this Section, a “receiving site” shall mean a zoning lot within Subareas A2 through A5 to which floor area from the Eastern Rail Yard Subarea A1 has been distributed.

(a)        Distribution of floor area by certification

The Chairperson of the Commission shall allow, by certification, a distribution of floor area from the Eastern Rail Yard Subarea A1 to a receiving site provided that:

(1)        The amount of floor area distributed does not result in distributions in excess of the maximum amount specified for the applicable use that may be distributed from the Eastern Rail Yard Subarea A1, as set forth in paragraph (b)(2) of Section 93-21;

(2)        Each distribution, once completed, irrevocably reduces the amount of floor area that may be distributed from the Eastern Rail Yard Subarea A1 by the amount of floor area distributed; and

(3)        The amount of floor area on the receiving site which results from such distribution does not exceed the maximum floor area ratio permitted on a zoning lot through distribution of floor area from the Eastern Rail Yard Subarea A1, as specified in Row C of the table in Section 93-21.

(b)        Requirements for application

An application filed with the Chairperson of the Commission for the distribution of floor area by certification pursuant to paragraph (a) of this Section shall be made jointly by the owner of the development rights of the Eastern Rail Yard Subarea A1 and the receiving site and shall include:

(1)        a site plan and floor area zoning calculations for the receiving site; and

(2)        a copy of the distribution instrument legally sufficient in both form and content to effect such a distribution, together with a notice of the restrictions limiting further development of the Eastern Rail Yard Subarea A1.

Such notice of restrictions shall be filed by the owners of the respective sites in the Borough Office of the Register of the City of New York, indexed against the Eastern Rail Yard Subarea A1 and the receiving site, a certified copy of which shall be submitted to the Chairperson of the Commission. Receipt of certified copies thereof shall be a pre-condition to issuance of any building permit for any development or enlargement utilizing floor area distributed pursuant to this Section, including foundations with respect thereto, on the receiving site. Nothing herein shall limit the ability of the Commissioner of Buildings to issue a permit for the construction of a development or enlargement which does not utilize such distributed floor area.

In the Pennsylvania Station Subarea B4, for developments or enlargements that significantly enhance the pedestrian environment and provide improvements to access to public transit facilities, the City Planning Commission may permit a commensurate floor area increase for commercial use above a floor area ratio of 10.0 to a maximum floor area ratio of 19.5.

(a)        The following conditions shall apply:

(1)        the applicant shall submit a plan acceptable to the Commission identifying that portion of the development or enlargement utilizing such increased floor area;

(2)        all transit facility improvements shall comply with applicable design standards or the current guidelines of the Metropolitan Transit Authority, New Jersey Transit, or Amtrak, as applicable;

(3)        the applicant shall submit schematic or concept plans for all proposed improvements to the applicable transportation agency and the Commission, and any further documentation deemed necessary by the reviewing agencies;

(4)        the Commission shall receive a letter from the applicable transportation agency stating the drawings and other documents submitted by the applicant have been determined to be of sufficient scope and detail to fix and describe the size and character of the transit improvement as to architectural, structural, mechanical and electrical systems; materials; relationship to existing site conditions; and other such elements as may be appropriate; and

(5)        the owner shall sign a legally enforceable instrument in a form acceptable to the reviewing agencies containing complete drawings of the improvement and setting forth the obligations of owner and developer, their successors and assigns, to construct and maintain all parts of the improvement, whether on-site or off, pursuant to an agreed-upon construction schedule. Such instrument shall be recorded against the zoning lot in the Office of the Register of the City of New York for New York County and a certified copy of the instrument shall be submitted to the Chairperson of the Commission and the applicable transportation agencies.

The owner shall not apply for or accept a temporary certificate of occupancy for that portion of the development or enlargement identified as utilizing the increased floor area permitted pursuant to this Section, and the Department of Buildings shall not issue a temporary certificate of occupancy for such portion, until the applicable transportation agencies have certified that the transit facility improvement is substantially complete and usable by the public. The owner shall not apply for or accept a permanent certificate of occupancy for such portion of the development or enlargement, nor shall the Department of Buildings issue a permanent certificate of occupancy for such portion until the transit improvement has been finally completed in accordance with the approved plans and such final completion has been certified by the applicable transportation agencies.

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

(1)        the transit improvements significantly enhance the surface and subsurface pedestrian circulation network into and around the development or enlargement and to and from public transit facilities;

(2)        the streetscape, the site design and the location of building entrances for the development or enlargement contribute to the overall improvement of pedestrian circulation within the Special Hudson Yards District and minimize congestion on surrounding streets; and

(3)        the increased floor area will not unduly increase the bulk of the development or enlargement, density of population or intensity of use to the detriment of the occupants of buildings in the surrounding area.

In determining the amount of floor area bonus, the Commission shall consider the extent to which the transit improvements address each of the above findings.

The Commission may prescribe appropriate additional conditions and safeguards in order to enhance the character of the development or enlargement and to minimize adverse effects on the character of the surrounding area.

(a)        Subdistricts A, B, C, D, E and G

The provisions of Section 33-42 (Permitted Obstructions) shall apply to all buildings within Subdistricts A through E and G, except that dormers may penetrate a maximum base height in accordance with the provisions of paragraph (c)(1) of Section 23-623 (Permitted obstructions in certain districts).

(b)        Subdistrict F

In Subdistrict F, the provisions of paragraph (b) of Section 33-42 shall apply, except that for towers above a height of 350 feet, in lieu of the provisions of Section 37-20 (SPECIAL SCREENING AND ENCLOSURE PROVISIONS), inclusive, the tower top articulation provisions set forth in Section 93-569 shall apply.

In Subareas D4 and D5 of the Hell’s Kitchen Subdistrict D, the underlying height and setback regulations shall apply as set forth in Section 93-542, as modified by Section 93-41 (Rooftop Regulations).

In Subdistricts A, B and C, Subareas D1, D2 and D3 of the Hell’s Kitchen Subdistrict D, and Subdistrict E, the underlying height and setback regulations shall not apply. In lieu thereof, the provisions of Section 93-41 and paragraphs (a) through (d) of this Section shall apply. These regulations are further modified in certain locations as set forth in Section 93-50 (SPECIAL HEIGHT,SETBACK AND YARD REGULATIONS). The height of all buildings or other structures shall be measured from curb level.

In Subdistrict F, the underlying height and setback regulations shall not apply. In lieu thereof, the provisions of Section 93-41 and Section 93-56 (Special Height and Setback Regulations in Subdistrict F) shall apply.

In Subdistrict G, the underlying height and setback regulations and paragraphs (b) through (d) of this Section shall not apply. In lieu thereof, Section 93-57 (Special Height and Setback Regulations in Subdistrict G) shall apply.

(a)        Maximum base heights

The maximum height of a building or other structure before setback shall be 150 feet along a wide street and along a narrow street within 100 feet of its intersection with a wide street, and 90 feet along a narrow street beyond 100 feet of its intersection with a wide street. For corner lots with wide street frontage and more than 100 feet of narrow street frontage, the maximum building height before setback along the narrow street may, as an alternative, be the weighted average of 150 feet for the first 100 feet from the corner, and 90 feet for the remainder of the narrow street frontage. Such allowable maximum heights before required setbacks are hereinafter referred to as “maximum base heights.”

(b)        Required setbacks

For buildings that contain only residential use above the applicable maximum base height, the required minimum setback for portions of such buildings that exceed such maximum base height shall be 10 feet from a wide street and 15 feet from a narrow street.

For buildings or other structures that contain commercial or community facility use above the applicable maximum base height, the required minimum setback for portions of buildings or other structures that exceed such maximum base height shall be 15 feet from a wide street and 20 feet from a narrow street.

(c)        Tower lot coverage

The portion of any building or buildings located above a height of 150 feet are hereinafter referred to as “towers.”

(1)        Towers containing residences shall occupy, in the aggregate, a minimum of 30 percent of the lot area of the zoning lot, except that this requirement shall not apply to the highest 40 feet of such tower or towers. Furthermore, towers containing residences shall occupy not more than 40 percent of the lot area of the zoning lot or, for zoning lots less than 20,000 square feet, the percentage set forth in the following table:

LOT COVERAGE OF TOWERS ON SMALL ZONING LOTS

(2)        Towers that contain only commercial or community facility use, or a combination thereof, shall occupy not more than 60 percent of the lot area of the zoning lot or, for zoning lots less than 30,000 square feet, the percentage set forth in the following table:

        LOT COVERAGE OF TOWERS ON SMALL ZONING LOTS

(d)        Length of building wall

The maximum length of any story located above a height of 500 feet shall not exceed 250 feet. Such length shall be measured by inscribing within a rectangle the outermost walls at the level of each story entirely above a height of 500 feet. No side of such rectangle shall exceed a width of 250 feet.

The tower lot coverage requirements of paragraph (c) of Section 93-42 shall not apply within the Farley Corridor Subdistrict B.

(a)        34th Street

For zoning lots with frontage on 34th Street, the street wall of a building shall be located on and extend along the entire West 34th Street street line, except that to allow for corner articulation, the street wall may be located anywhere within an area bounded by intersecting street lines and lines 15 feet from and parallel to such street lines. Such street walls shall rise without setback to a minimum base height of 120 feet and a maximum base height of 150 feet. For corner lots, these provisions shall also apply along any intersecting street line for a minimum distance of 50 feet and a maximum distance of 100 feet from its intersection with West 34th Street. Above a height of 150 feet, the setback provisions of paragraph (b) of Section 93-42 shall apply.

(b)        Tenth Avenue

For zoning lots with frontage on Tenth Avenue, the provisions of paragraph (a) of Section 93-541 shall apply.

(c)        Midblocks between Eighth Avenue and Ninth Avenue

For zoning lots with frontage on West 33rd Street or West 35th Street beyond 100 feet of Eighth Avenue and Ninth Avenue, the street wall of any building shall be located on and extend along the entire West 33rd Street or West 35th 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. 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. Above a height of 90 feet or the height of the adjacent street wall if higher than 90 feet, the setback provisions of paragraph (b) of Section 93-42 shall apply. The street wall of any building may rise to a height less than 80 feet, 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 80 feet.

(a)        Zoning lots with Eighth Avenue frontage

For zoning lots with frontage on Eighth Avenue, the street wall of a building shall be located on the Eighth Avenue sidewalk widening line and, where applicable, on the West 39th Street and West 40th Street street lines, and extend along the entire street frontage of the zoning lot. Such street walls shall rise without setback to a minimum height of 90 feet and a maximum height of 120 feet. The street wall of any building may rise to a height less than 90 feet, 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 90 feet.

Above a height of 120 feet, no portion of a building or other structure shall penetrate a sky exposure plane that begins at a height of 120 feet above the Eighth Avenue sidewalk widening line and street lines of West 39th Street and West 40th Street, as applicable, and rises over the zoning lot at a slope of four feet of vertical distance for each foot of horizontal distance, 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 or 35-64, as applicable, may penetrate the sky exposure plane;

(2)        permitted obstructions, as listed in paragraph (a) of Section 93-41, may penetrate the sky exposure plane. In addition, a dormer, as listed in paragraph (c)(1) of Section 23-623, may penetrate the sky exposure plane.

(b)        Zoning lots without Eighth Avenue frontage

For zoning lots without frontage on Eighth Avenue, the street wall of a 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 walls shall rise without setback to a minimum base height of 80 feet and a maximum base height of 90 feet. 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. Above a height of 90 feet or the height of the adjacent street wall if higher than 90 feet, the setback provisions of paragraph (b) of Section 93-42 shall apply. The street wall of any building may rise to a height less than 80 feet, 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 80 feet.

The height and setback regulations set forth in this Section, inclusive, shall apply to specific development sites identified as Sites 1 through 6 on Map 2 (Subdistrict F: Site Plan) in Appendix B. All buildings or other structures developed or enlarged within Subdistrict F, with the exception of those approved as part of a public access area pursuant to Section 93-78 (Site and Landscape Plans for Public Access Areas in Subdistrict F), shall occur within these designated site locations. However, portions of a building located entirely below grade, and exempt from the definition of floor area, shall be permitted to extend beyond such designated site locations. Furthermore, the boundary of Site 6 may be extended in a westerly direction, by up to 40 feet, to accommodate a public school in accordance with the provisions of paragraph (b) of Section 93-568 (Site 6).

Map 4 (Mandatory Sidewalk Widenings) in Appendix A identifies the location of a sidewalk widening required along Eleventh Avenue that is referenced in this Section, inclusive. Regulations governing the design of this sidewalk widening are set forth in Section 93-61.

Public access areas in Subdistrict F shall be comprised of publicly accessible open spaces, private streets and pedestrian ways. Map 3 (Subdistrict F: Public Access Area Plan) in Appendix B identifies the location of publicly accessible open spaces, private streets and pedestrian ways that are referenced in this Section.

Publicly accessible open spaces are comprised of the Western Open Space, the Central Open Space, the Southwest Open Space, the Northeast Plaza, the Midblock Connection and the High Line. General rules governing such publicly accessible open spaces are set forth in Section 93-75 (Publicly Accessible Open Spaces in Subdistrict F).

Publicly accessible private streets are comprised of the West 32nd Street Extension (including the Allee, as defined in paragraph (c)(2) of Section 93-761 and shown on Map 3 in Appendix B) and the West 31st Street Extension. Publicly accessible pedestrian ways are comprised of the West 30th Street Corridor, and the Connector. General rules governing such private streets and pedestrian ways are set forth in Section 93-76 (Publicly Accessible Private Streets and Pedestrian Ways in Subdistrict F).

For the purposes of applying height and setback regulations, the term “buildings” shall include buildings or other structures.