Chapter 9 - Special Little Italy District (LI)
GENERAL PURPOSES
The "Special Little Italy District" established in this Resolution is designed to promote and protect public health, general welfare and amenity. These general goals include, among others, the following specific purposes:
(a) to preserve and strengthen the historical and cultural character of the community;
(b) to protect the scale of storefronts and character of the existing retail uses along Mulberry Street and other major shopping streets so that Little Italy will remain a unique regional shopping area, and thereby strengthen the economic base of the City;
(c) to preserve the vitality of street life by reducing conflict between pedestrian and vehicular traffic;
(d) to permit rehabilitation and new development consistent with the residential character and scale of the existing buildings in the area;
(e) to provide amenities, such as public open space, and street trees, to improve the physical environment;
(f) to discourage the demolition of noteworthy buildings which are significant to the character of the area; and
(g) to promote the more desirable use of land in the area and thus to preserve the value of land and buildings, and thereby protect and strengthen the City's tax revenues, consistent with the foregoing purposes.
General Provisions
In harmony with the general purposes and intent of this Resolution and the general purposes of the Special Little Italy District and in accordance with the provisions of this Chapter, certain specified regulations of the districts on which the Special Little Italy District are superimposed are made inapplicable, and special regulations are substituted therefore in this Chapter.
Except as modified by the express provisions of this Special District, the regulations of the underlying zoning district remain in effect. For the purposes of this Chapter, the provisions of Sections 33-13 (Floor Area Bonus for a Public Plaza) and 33-14 (Floor Area Bonus for Arcades) are made inapplicable.
For transit-adjacent sites or qualifying transit improvement sites, as defined in Section 66-11 (Definitions), in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI, Chapter 6 shall control.
Within the Special District, in accordance with a comprehensive survey of its structures, buildings of special significance to the community and City as a whole, have been identified and are listed in Appendix B. Such buildings are unique either because they are socially or traditionally significant or because they are important physical influences in the life and image of the community. Such buildings shall not be demolished or have their external architectural features altered except as set forth in Section 109-52 (Special Permit Provisions). No demolition permit or alteration permit for alterations which may affect the exterior of such buildings shall be issued by the Department of Buildings for any such building except as permitted by the City Planning Commission pursuant to Section 109-52 (Special Permit Provisions) unless it is an unsafe building and demolition is required pursuant to the provisions of Title 28, Chapter 2, Article 216 of the New York City Administrative Code.
District Map
The District Map for the Special Little Italy District (Appendix A) identifies specific areas comprising the Special District in which special zoning regulations carry out the general purposes of the Special Little Italy District. These areas and the sections of this Chapter which contain regulations pertaining thereto are as follows:
Area A PRESERVATION AREA (Section 109-10)
Area A1 MULBERRY STREET REGIONAL SPINE (Section 109-20)
Area B HOUSTON STREET CORRIDOR (Section 109-30)
Area C BOWERY, CANAL, KENMARE STREET CORRIDOR (Section 109-40)
The District Map in Appendix A of this Chapter is hereby incorporated as an integral part of the Special Little Italy District.
Whenever a zoning lot is divided by the boundaries of an area as created by Section 109-02 (District Map) and as indicated on the District Map in Appendix A, the zoning lot shall be subject to the regulations of the area in which the greater portion of its frontage lies except that, in the case of any zoning lot having 15 feet or more frontage within Area A1 (Mulberry Street Regional Spine), the regulations of Area A1 shall apply to such zoning lot.
PRESERVATION AREA (Area A)
The provisions of this Section 109-10, inclusive, shall apply within Area A (Preservation Area) as shown on the District Map in Appendix A.
Special Use Regulations
The continuation, extension or change of use of existing commercial or manufacturing uses within Area A shall be governed by the underlying district use regulations.
For any building or portion of a building developed or enlarged within Area A, uses listed in the underlying district regulations are permitted except for the following uses:
From Use Group IV
All uses listed under Use Group IV(B)
From Use Group VI
Uses under Use Group VI that are subject to a size limitation of 10,000 square feet of floor area per establishment in C2 Districts, as set forth in Section 32-16 (Use Group VI – Retail and Services), inclusive, shall not be permitted a size beyond such threshold
From Use Group IX
All uses listed under Use Group IX(C).
Streetscape Provisions
The underlying ground floor level streetscape provisions shall apply. However, along Tier B street frontages where the alternate ground floor level provisions are able to be applied, in accordance with Section 32-322, the following transparency requirements shall be applied in addition to the provisions of such Section:
Ground floor level street walls shall be glazed with transparent materials, which may include show windows, transom windows, or glazed portions of doors. Such transparent materials shall occupy at least 25 percent of the surface area of such ground floor level street wall, up to a height of 12 feet above curb level, or the height of the ground floor ceiling, whichever is higher. Transparent areas may include storefronts subject to Section 109-50 (SPECIAL REVIEW PROVISIONS), inclusive. Door or window openings within such surface areas shall be considered transparent. Such opening shall have a minimum width of two feet.
Bulk Regulations
Floor area regulations
Height and setback regulations
The underlying height and setback provisions applicable to an R8B District shall apply to any building or other structure on an interior lot or through lot, and the underlying height and setback provisions applicable to an R7A District shall apply to corner lots.
The street wall location provisions of paragraph (a) of Section 35-631 shall apply. For the purposes of applying street wall location provisions, all streets shall be considered as wide streets. In the event that a development occupies an entire block frontage, additional recesses are permitted provided that there are no front wall recesses within 10 feet of the intersection of two street lines. The exterior building materials of the front wall shall be predominantly of masonry.
Parking Regulations
No accessory off-street parking is permitted for any development or enlargement in Area A, except as set forth herein.
The City Planning Commission may allow accessory off-street parking facilities for any development or enlargement on a zoning lot pursuant to the applicable authorization or special permit in Article I, Chapter 3 (Comprehensive Off-street Parking and Loading Regulations in the Manhattan Core).
The provisions set forth in Section 109-10 (Preservation Area--Area A), inclusive, are applicable within Area A1 (Mulberry Street Regional Spine) as shown on the District Plan (Appendix A), except as modified herein.
Use Regulations
The provisions of Section 109-11 (Special Use Regulations) shall apply, except that all uses under Use Group VI that are subject to a size limitation of 10,000 square feet of floor area per establishment, shall be further limited to a maximum size of 5,000 square feet of floor area per establishment.
Streetscape Regulations
The underlying ground floor level streetscape provisions set forth in Section 32-30 (STREETSCAPE REGULATIONS), inclusive, shall apply, except that ground floor level street frontages along streets, or portions thereof, designated in Area A1 (Mulberry Street Regional Spine) as shown on the District Map in Appendix A of this Chapter shall be considered Tier C street frontages.
In addition to the glazing requirements for Tier C street frontages, the following shall apply:
- the maximum horizontal width of a transparent area shall not exceed 10 feet in width, and shall be separated by a mullion of no less than six inches in width; and
- storefront entrance doors shall be set back a minimum of two feet behind the vertical surface of the show windows.
Storefront Illustration
Sign Regulations
In addition to the underlying district sign regulations, the following regulations shall apply to all signs:
(a) signs may not occupy more than 25 percent of the total area of the storefront measured from curb level to 10 feet above curb level;
(b) all permitted signs which project from the front building wall shall be located not less than 10 feet above curb level; and
(c) signs may not cover columns, cornices or sills.
Bulk Regulations
Floor area regulations
Within Area A1, the maximum floor area ratio on a zoning lot shall not exceed the following:
|
Floor Area Ratio |
||
|
Use |
Corner Lot |
Through Lot or Interior Lot |
|
Commercial |
5.1 |
4.5 |
|
Community facility or residential other than qualifying affordable housing or qualifying senior housing |
4.1 |
3.5 |
| Qualifying affordable housing or qualifying senior housing | 4.92 | 4.2 |
The maximum floor area in a mixed building shall be the maximum floor area permitted for either the commercial portion of such building, or the community facility portion of such building or the residential portion of such building, as set forth in this Section, whichever permits the greatest amount of floor area.
The provisions of this Section are applicable within Area B, as shown on the District Plan (Appendix A).
Special Use Regulations
The continuation, enlargement, extension or change of use of existing commercial or manufacturing uses within Area B, shall be governed by the underlying district regulations.
For any building or portion of a building developed or enlarged within Area B, uses listed in the underlying district regulations are permitted, except for the following uses:
From Use Group IV(B)
All uses
From Use Group IX
Vehicle storage uses.
Streetscape provisions
The underlying ground floor level streetscape provisions shall apply. However, along Tier B street frontages where the alternate ground floor level provisions are able to be applied, in accordance with Section 32-322, the following transparency requirements shall be applied in addition to the provisions of such Section:
Ground floor level street walls shall be glazed with transparent materials, which may include show windows, transom windows, or glazed portions of doors. Such transparent materials shall occupy at least 25 percent of the surface area of such ground floor level street wall, up to a height of 12 feet above curb level, or the height of the ground floor ceiling, whichever is higher. Transparent areas may include storefronts subject to Section 109-50. Door or window openings within such surface areas shall be considered transparent. Such opening shall have a minimum width of two feet.
Bulk Regulations
The bulk regulations applicable to a C6-3A District shall apply to the Houston Street Corridor (Area B).
The street wall location provisions of paragraph (a) of Section 35-631 (Street wall location) shall apply. For the purposes of applying street wall location provisions, all streets shall be considered wide streets. For all buildings within Area B, the exterior materials of the front wall shall be predominantly of masonry.
Curb Cuts
Curb cut regulations
There shall be not more than one curb cut on each street line frontage of a zoning lot.
Noise Attenuation
For any residential or commercial use in a development within Area B:
(a) window wall attenuation of 35 dB(A) for residential uses or 30 dB(A) for commercial uses, shall be provided. However, upon application to the Office of Environmental Remediation (OER) by the owner of the affected building, consistent with its authority under the provisions of Section 11-15 (Environmental Requirements) with respect to (E) designations, OER may modify the requirements of this Section, based upon new information, additional facts or updated standards, as applicable, provided that such modification is equally protective. In such instances, OER shall provide the Department of Buildings with notice of such modification, stating that it does not object to the issuance of a building permit, or temporary or final certificate of occupancy; and
(b) alternative means of ventilation shall be provided, such as, but not limited to, central air conditioning or the provision of air conditioning sleeves, with such alternative means to conform to the provisions of Sections 27-752 to 27-756 of the Building Code of the City of New York.
The provisions of this Section are applicable within Area C, as shown on the District Plan in Appendix A of this Chapter.
Bulk Regulations
Height and setback regulations
Within Area C, the height and setback provisions of a C4-4A District within 100 feet of a wide street shall apply.
Additional Requirements
Any zoning lots partially located within 100 feet of the street line of Mulberry Street (Area A1) shall comply with the requirements set forth in Section 109-21 (Use Regulations), inclusive.
SPECIAL REVIEW PROVISIONS
The City Planning Commission may allow certain modifications of the provisions of this Chapter as set forth below.
Modifications by authorization
Modifications of the provisions of this Chapter may be authorized by the City Planning Commission based upon receipt of an application, except that there shall be no modifications of any provision of Section 109-12, 109-22, 109-32 or 109-41 unless specifically allowed therein, provided that the Commission, after notification to the affected Community Board, certifies to the Commissioner of Buildings that there exists a compelling need for such modification and that such modifications are consonant with the objectives of the Special Little Italy District. The Commission may prescribe other appropriate conditions and safeguards to minimize adverse effects on the surrounding area.
Notwithstanding any other provisions of the Resolution, the Commission may, after notification to the affected Community Board, authorize a non-complying inner court within an existing building to be eliminated, and may modify the applicable provisions of this Chapter relating to an enlargement, provided that:
(a) the building is an existing old law or new law tenement, not higher than seven stories;
(b) any additional floor area created through such elimination of a non-complying inner court is not more than 10 percent of the existing floor area of the building, and the width of such inner court is not more than 20 feet;
(c) the renovation of such building will result in improved arrangements for adequate access of light and air, and for privacy between dwelling units, to the newly created dwelling units and to the surrounding developments;
(d) such enlargement will not increase the density of population or intensity of use to the detriment of the occupants of the buildings in the block or nearby blocks;
(e) the enlargement as proposed shall comply with the applicable provisions of Section 23-63, except as otherwise modified by the Commission; and
(f) the Commission is in receipt of a report from the Department of Buildings and the Fire Department concerning said building.
The City Planning Commission may prescribe other additional conditions and safeguards to enhance the character of the surrounding area.
Special Permit Provisions
The City Planning Commission may, by special permit, modify accessory off-street parking facilities for the residential portion of any development on a zoning lot as set forth in Section 109-14 or Section 109-341.
Buildings listed in Appendix B of this Chapter, shall not be demolished or have their external architectural features altered, except as set forth in this Section.
The City Planning Commission, by special permit, may allow:
(a) in such buildings, for a change of a conforming use to another conforming use, the applicable underlying district, or Special Little Italy District, bulk regulations shall not apply to such change of use; or
(b) the alteration of such buildings, provided that such alteration and treatment of the facade relates harmoniously to the character and materials of the original facade and of adjoining buildings; and
(c) the demolition of such buildings, other than unsafe buildings, provided that the Commission finds that the existing building is not suitable for rehabilitation.
For the purposes of this Section, a change of use is a change to another use listed in the same or any other conforming Use Group; however, a change in ownership or occupancy shall not, by itself, constitute a change of use. Enlargements of such buildings shall be subject to all applicable district regulations. The Commission may prescribe appropriate conditions and safeguards to ensure that any interim uses proposed on the site prior to any construction are in conformance with the purposes of the Special District.
Applications for special permit
An application to the City Planning Commission for the grant of a special permit respecting provisions of Sections 109-14 and 109-341 of this Chapter, shall include: a site plan showing the location and proposed use of all buildings or other structures on the site; the location of all vehicular entrances and exits and off-street parking and loading spaces; the amount and nature of traffic to be generated by such development or enlargement and an indication of the routes that will provide vehicular access to a manufacturing, commercial or community facility establishment; and such other information as may be required by the Commission.
An application to the Commission for the grant of a special permit respecting provisions of Section 109-522, shall include floor plans of all major floors; all major elevations; a site plan depicting all structures on the site, and all structures and major features within 100 feet of the site; and such other information as may be required by the Commission.
In all cases, the City Planning Commission shall deny an application for a special permit whenever the development or enlargement will interfere with a public improvement project (including housing, highways, public buildings or facilities) which is approved by the Board of Estimate or City Planning Commission, or Site Selection Board, as determined from the calendar of each such agency issued prior to the date of the public hearing on the application for a special permit.
APPENDIX B
Buildings of Special Significance
Buildings of special significance to be preserved in accordance with the provisions of Section 109-522 are as follows:
Block Number | Lot Number | Address |
206 | 1 | 113 Baxter Street |
470 | 12 | 363 Broome Street |
471 | 41 | 375 Broome Street |
470 | 64 | 124—126 Bowery |
472 | 31 | 240 Centre Street |
492 | 21 | 209 Elizabeth Street |
507 | 260—268 Elizabeth Street | |
471 | 28 | 174 Grand Street |
471 | 58 | 190 Grand Street |
471 | 57 | 192 Grand Street |
238 | 6 | 128—130 Mott Street |
508 | 6 | 256—258 Mott Street |
508 | 9 | 262—272 Mott Street |
509 | 34 | 277 Mott Street |
481 | 23 | 201—205 Mulberry Street |
509 | 1 | 266 Mulberry Street |
492 | 44 | 11 Spring Street |
480 | 21 | 34—36 Spring Street |
