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).

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.
 

Within Area A, the maximum floor area ratio for a zoning lot shall not exceed the following:

Within Area A, the maximum lot coverage for a zoning lot shall not exceed the following percentages:

However, when a through lot is developed with more than one building, the maximum lot coverage on such through lot may be increased from 60 percent to 70 percent, provided that no portion of any building on such zoning lot penetrates the "Rear Height Limit Plane," as set forth in this Section. The Rear Height Limit Plane shall begin at a point 23 feet above curb level and shall be located 30 feet away from, and on both sides of, the line equidistant from the two street lines. The slope of the Rear Height Limit Plane shall be 2.7 feet vertical to 1 foot horizontal.

All buildings developed after February 3, 1977, shall have a rear yard with a depth of not less than 30 feet.

REAR HEIGHT LIMIT PLANE

For the purposes of this Chapter, the density requirements of Sections 23-22, 23-24 or 35-40 shall not apply to any development or enlargement. In lieu thereof, there shall be not more than one room for each 230 square feet of gross residential floor area.

The maximum height of any building or other structure shall not exceed 75 feet or seven stories above the curb level, whichever is less, unless allowed by the City Planning Commission pursuant to Section 109-514.

However, energy infrastructure equipment and accessory mechanical equipment shall be permitted obstructions above such height limits, subject to the provisions of Section 33-42.

For any building or portion of a building developed or enlarged after February 3, 1977, a minimum of 20 percent of the lot area of the zoning lot shall be provided as usable landscaped open recreation space accessible to the occupants of such development or enlargement. Such open recreation space may be accessible to the public.

Such open recreation space shall be located at the ground level and/or the roof level. However, if such open recreation space is located both at the ground level and at the roof level, not less than 40 percent may be located at either location. Such open recreation space shall be landscaped and properly maintained in accordance with the provisions of Section 109-142.

The required open recreation space, as provided in Section 109-141, on a zoning lot containing a development or enlargement shall be landscaped and maintained in the following manner.

Ground level open recreation space shall:

(a)        have a minimum dimension of 20 feet for a development and 10 feet for an enlargement, measured perpendicular to its perimeter;

(b)        have no portion used as a driveway, vehicular access way or for parking, and shall be screened from off-street loading and service areas;

(c)        have a minimum of one linear foot of seating for each 50 square feet of open recreation space, conforming to the following standards:

(1)        seating shall have a minimum depth of 16 inches; seating with backs at least 12 inches high shall have a minimum depth of 14 inches; seating 30 inches or more in depth shall count double provided there is access to both sides;

(2)        seating higher than 36 inches and lower than 12 inches above the level of the adjacent walking surface shall not count toward meeting the seating requirements;

(3)        the tops of walls including but not limited to those which bound planting beds, fountains and pools may be counted as seating when they conform to the dimensional standards in paragraphs (c)(1) and (c)(2) of this Section;

(4)        movable seating or chairs may be credited as 30 inches of linear seating per chair; and

(5)        steps do not count toward the seating requirements;

(d)        have paved areas paved with unit pavers, such as bricks or quarry tiles, or poured-in-place materials. If poured-in-place materials are selected, they shall be of decorative color and/or textures, through the use of dyes and/or exposed aggregates. All paving shall have a non-skid surface;

(e)        be landscaped with shrubs, vines, ground cover or plants in planters over a minimum of 25 percent of the open recreation space area;

(f)        be planted with one tree of not less than three and one-half inch caliper for every 1,000 square feet or portion thereof of required open recreation space. Such trees shall be planted in at least 100 cubic feet of soil of at least 3 feet, 6 inches in depth;

(g)        have all mechanical equipment which is located at the same elevation as the open recreation space, or on a wall of the building frontage upon such open recreation space within a height of 10 feet, 6 inches above the level of the open recreation space, screened and buffered with no intake or exhaust fans facing directly into the open recreation space; and

(h)        be maintained by the building owner who shall be responsible for the maintenance of the open recreation space including, but not limited to, the repair and confinement of all amenities, litter control, and the care and replacement of vegetation within the zoning lot and in the street sidewalk area adjacent to the zoning lot, pursuant to Section 109-14 (Open Recreation Space and Landscaping Regulations).

Open recreation space at roof level shall:

(1)        have all mechanical equipment which is located at the same elevation as the open recreation space, or on a wall of the building fronting upon such open recreation space within a height of 10 feet, 6 inches above the level of the open recreation space, screened and buffered with no intake or exhaust fans facing directly onto the open recreation space;

(2)        have a minimum of one linear foot of seating for each 50 square feet of open recreation space, conforming to seating standards set forth for ground level open recreation space; and

(3)        be landscaped with shrubs, vines, flowers, ground cover and/or plants in planters over a minimum of 25 percent of the open recreation space area.

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:

1. 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
2. storefront entrance doors shall be set back a minimum of two feet behind the vertical surface of the show windows.
    

Storefront Illustration

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.

Within Area A1, the maximum floor area ratio on a zoning lot shall not exceed the following:

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 requirements set forth in Section 109-122 shall not apply to the ground floor portion of a building, provided that such portion contains only commercial uses, and provided that such portion is no more than 23 feet above curb level.

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.

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.
 

The maximum floor area ratio permitted on a zoning lot is 7.52 for residential use, 6.0 for commercial use and 7.5 for community facility use. In no event shall the total floor area ratio for all uses exceed 7.52. However, for developments or enlargements on qualifying transit improvement sites, a floor area bonus for mass transit station improvements may be granted by the City Planning Commission pursuant to the provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements). For the purposes of this paragraph, defined terms additionally include those in Section 66-11 (Definitions).

For any zoning lot within Area B, the maximum lot coverage shall not exceed the following percentages:

The street wall of any building for the first two stories or 23 feet, whichever is greater, shall be located on the street line and extend the entire length of the street line of the zoning lot not occupied by existing buildings to remain. However, at the intersection of two street lines, the street wall may be located anywhere within an area bounded by the two street lines and lines parallel to, and 10 feet from each street line. No street wall shall be required along a street line bounding any portion of a zoning lot which is less than 25 feet in depth measured from the street line of a wide street.

For street walls above the level of the second story or 23 feet, whichever is greater, at least 50 percent of the aggregate length of the street walls shall be located on the street line. The remainder of the aggregate length of the mandatory street walls at each story may be recessed from the street line to a depth not exceeding 10 feet provided that the length of any such recess does not exceed 25 percent of the aggregate length of the street walls at each story.

The mandatory minimum height above curb level of a required street wall without setback shall be 60 feet on a wide street and 23 feet on a narrow street, or the height of the building, whichever is less. No setback shall be permitted on a narrow street below a height of 55 feet.

The maximum permitted height of a street wall at the street line without setback shall not exceed 100 feet above curb level and, above this height, no portion of a building or other structure shall penetrate a sky exposure plane commencing at 100 feet and rising over the zoning lot at a ratio of 1.5 to 1.0.

In addition, no portion of a building or other structure shall penetrate a rear sky exposure plane commencing at a height of 100 feet above curb level and at a distance of 100 feet from and parallel to the street line, and rising over the zoning lot at a ratio of 1.5 to 1.0 along wide streets and at a ratio of 1.0 to 1.0 along narrow streets.

However, energy infrastructure equipment and accessory mechanical equipment shall be permitted obstructions above such height limits, subject to the provisions of Section 33-42.

There shall be not more than one curb cut on each street line frontage of a zoning lot.

The maximum height of any building or other structure shall not exceed 85 feet or eight stories above curb level, whichever is less, unless authorized by the City Planning Commission pursuant to Section 109-514. The front building wall shall extend along the full length of the front lot line not occupied by existing buildings to remain and shall rise without setback.

Within Area C, the maximum lot coverage for any zoning lot shall be:

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 Sections 109-14, 109-17, 109-25, 109-34 or 109-42, 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.

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 109-16 or Section 109-351.

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.

An application to the City Planning Commission for the grant of a special permit respecting provisions of Sections 109-16 and 109-351 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.