Chapter 1 - Special Tribeca Mixed Use District (TMU)
GENERAL PURPOSES
The "Special Tribeca Mixed Use District" established in this Resolution is designed to promote and protect public health, safety and general welfare. These general goals include, among others, the following specific purposes:
(a) to retain adequate wage, job-producing, stable industries within the Tribeca neighborhood;
(b) to protect light manufacturing and to encourage stability and growth in the Tribeca neighborhood by permitting light manufacturing and controlled residential uses to coexist where such uses are deemed compatible;
(c) to provide housing opportunity of a type and at a density appropriate to this mixed use zone;
(d) to ensure the provision of safe and sanitary housing units in converted buildings; and
(e) to promote the most desirable use of land and building development in accordance with the Plan for Lower Manhattan as adopted by the City Planning Commission.
Definitions
For purposes of this Chapter, matter in italics is defined in Section 12-10 (DEFINITIONS) and in this Section.
Special Tribeca Mixed Use District
(repeated from Section 12-10)
The "Special Tribeca Mixed Use District" is a Special Purpose District designated by the letters "TMU" in which special regulations set forth in Article XI, Chapter 1, apply. The Special Tribeca Mixed Use District and its regulations supplement or supersede those of the districts on which it is superimposed.
General Provisions
The provisions of this Chapter shall apply to all developments, enlargements, extensions, alterations, accessory uses, open and enclosed and changes in uses within the Special District.
Except as modified by the express provisions of the District, the regulations of the underlying districts remain in effect. 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.
District Map
The District Map for the Special Tribeca Mixed Use District, in Appendix A, identifies special areas comprising the Special District in which special zoning regulations carry out the general purposes of the Special Tribeca Mixed Use District. These areas are as follows:
Area A1 - General Mixed Use Area
Area A2 - Limited Mixed Use Area
Area A3 - General Mixed Use Area
Area A4 - General Mixed Use Area
Area A5 - General Mixed Use Area
Area A6 - General Mixed Use Area
Area A7 - General Mixed Use Area
SPECIAL USE REGULATIONS
Residential Use Modification
(a) Loft dwellings
Loft dwellings created prior to October 13, 2010, shall be governed by the provisions for loft dwellings in Section 111-40 (REQUIREMENTS FOR LOFT DWELLINGS CONSTRUCTED PRIOR TO OCTOBER 13, 2010). Such loft dwellings may be extended, enlarged, or subdivided into two or more loft dwellings only in accordance with such provisions. No loft dwellings may be created after October 13, 2010, except as the result of a subdivision of a loft dwelling existing prior to October 13, 2010.
(b) Home occupations
A home occupation may occupy a loft dwelling, or a dwelling unit converted pursuant to Article I, Chapter 5 (Residential Conversion of Existing Non-Residential Buildings), as an accessory use pursuant to Section 15-13 (Special Home Occupation Provision), except that:
(1) businesses operated as home occupations may have up to three non-residential employees; and
(2) notwithstanding the limitation on uses listed in the definition of home occupation in Section 12-10, a home occupation may include a permitted commercial or permitted manufacturing use.
In all areas except Area A2, ground floor spaces in separate buildings may not be combined for uses in Use Groups 3, 4, 5 and 6, except in those buildings having frontage on Broadway, Chambers Street, Church Street, Greenwich Street, Hudson Street, Sixth Avenue, Varick Street, West Broadway or West Street.
Additional Use Regulations
(a) Areas A1 and A3
(1) Uses in Use Groups 16 and 17 shall be permitted, except the following uses are prohibited:
within Use Group 16A: crematoriums, poultry or rabbit killing establishments, unenclosed automobile, boat, motorcycle or trailer sales, motorcycle rentals;
all Use Group 16B uses, except automotive service stations by special permit pursuant to Section 73-21;
all Use Group 16C uses;
within Use Group 16D: dry cleaning or cleaning or dyeing establishments, with no limitation on type of operation, solvents, floor area or capacity per establishment;
within Use Group 17B: manufacture of aircraft, automobiles, trucks, trailers, boats, motorcycles or chemicals; and
all Use Group 17C uses, except agriculture.
(2) The following uses are prohibited in buildings that do not front on Chambers Street, Church Street, Greenwich Street, Hudson Street or West Broadway:
all Use Group 8A uses;
all Use Group 8D uses;
all Use Group 10A uses, except depositories, photographic or motion picture studios, radio or television studios; and
all Use Group 12A uses.
(3) In buildings fronting on Chambers Street, Church Street, Greenwich Street, Hudson Street or West Broadway, the following uses shall be limited to 20,000 square feet of floor area on a zoning lot, including retail cellar space allotted to such uses, except as otherwise provided in Section 111-32 (Special Permit for Certain Large Commercial Establishments):
all uses in Use Groups 6A and 6C;
all uses in Use Group 10 with parking categories B or B1; and
the above uses when listed in other use groups.
Separate buildings on separate zoning lots may not be combined for uses in Use Groups 6A, 6C or all uses with parking categories B or B1 in Use Group 10.
In addition, in buildings not fronting on the streets, listed in paragraph (a)(3) of this Section, uses listed in Use Groups 6A and 6C shall be limited to 10,000 square feet of floor area on a zoning lot, including retail cellar space allocated to such uses, except as otherwise provided in Section 111-32.
(b) Areas A4, A5, A6 and A7
(1) All uses listed in Use Groups 16B, 16C or 16D shall be permitted;
(2) The following uses listed in Use Group 16 shall be permitted:
Carpentry, custom woodworking or custom furniture making shops
Electrical, glazing, heating, painting, paper hanging, plumbing, roofing or ventilating contractors’ establishments, open or enclosed, with open storage limited to 5,000 sq. ft.
Household or office equipment or machinery repair shops
Machinery rental or sales establishments.
(3) All uses in Use Group 17 shall be permitted, except that the following uses shall be prohibited:
Building materials or contractors' yards, open or enclosed
Produce or meat markets, wholesale
Adhesives, including manufacture of basic components
Food products, including slaughtering of meat or preparation of fish for packing
Laboratories, research, experimental or testing
Leather products, including shoes, machine belting, or similar products
Metal stamping or extrusion, including costume jewelry, pins and needles, razor blades, bottle caps, buttons, kitchen utensils, or similar products
Pharmaceutical products
Plastic products, including tableware, phonograph records, buttons, or similar products
Rubber products, such as washers, gloves, footwear, bathing caps, atomizers, or similar products, including manufacture of natural or synthetic rubber
Shoddy
Soap or detergents.
(4) For establishments with frontage on wide streets, uses listed in Use Groups 6A, 6C and 10 shall be limited to 10,000 square feet of floor area. For establishments that front only upon a narrow street, such uses shall be limited to 5,000 square feet of floor area. For the purposes of this Section, floor area shall include retail cellar space allocated to such uses.
The floor area requirements of this paragraph, (b)(4), may be modified only pursuant to Section 111-32.
(c) Eating or drinking establishments with entertainment and a capacity of more than 200 persons, or establishments of any capacity with dancing, as listed in Use Group 12A, in any location within a building, shall be permitted only by special permit of the Board of Standards and Appeals as provided in Section 73-244. The Board of Standards and Appeals shall additionally find for establishments of any capacity with dancing, as listed in Use Group 12A, that primary ingress and egress for such uses may only be located on Broadway, Chambers Street, Church Street, Greenwich Street, Hudson Street, Sixth Avenue, Varick Street, West Broadway or West Street, with only fire or emergency egress on other streets, and that no portion of such use may be located more than 100 feet, measured perpendicularly, from the streets listed in this paragraph (c). Furthermore, such uses are restricted as provided in paragraph (a)(2) of this Section.
(d) Environmental conditions for Area A2
(1) All developments or enlargements shall be subject to Ambient Noise Quality Zone Regulations*. Uses listed in Use Group 11A shall be subject to the performance standards of an M1 District.
(2) All new dwelling units shall be provided with a minimum 35dB(A) of window wall attenuation in order to maintain an interior noise level of 45dB(A), or less, with windows closed. Therefore, an alternate means of ventilation is required. However, upon application to the Office of Environmental Remediation (OER) by the owner of the affected building, consistent with OER’s 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.
* Ambient Noise Quality Regulations for an M2 District as set forth in the Noise Control Code for the City of New York, Article VI(B)
(a) Area A1
The regulations applicable to a C6-2A District shall apply to developments and enlargements, except as set forth herein.
(1) Maximum floor area ratio
The maximum floor area ratio permitted on a zoning lot shall be 5.0.
(2) Special regulations for narrow buildings
A building or portion of a building may be constructed above the maximum height of a street wall permitted pursuant to Section 23-692 (Height limitations for narrow buildings or enlargements), provided the portion of a building exceeding such height limitation does not exceed a height of one story or 15 feet, whichever is less, and provided such portion is set back at least 10 feet from the street wall of the building facing a wide street, and 15 feet from the street wall of the building facing a narrow street.
(b) Area A2
The underlying regulations applicable to a C6-3 District shall apply to developments and enlargements, except as set forth herein.
(1) Maximum floor area ratio
The maximum floor area ratio permitted shall be 7.52. In no case shall the floor area ratio of the commercial or community facility portion of the building be more than 6.0.
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). No other floor area bonuses shall be permitted in Area A2.
(2) Open space and lot coverage regulations
The open space and lot coverage regulations of Article II, Chapters 3 and 4, and Article III, Chapter 5, for a residential building, or the residential portion of a mixed building, are not applicable. In lieu thereof, the maximum permitted lot coverage on interior lots and through lots shall not exceed 80 percent of the lot area. The maximum permitted lot coverage on corner lots shall be 100 percent of the lot area. However, any permitted obstruction on a zoning lot pursuant to Sections 23-44, 24-12 or 33-23 shall not count as lot coverage.
(3) Yard, court and minimum distance between buildings regulations
The yard and court regulations of a C6-3 District shall apply, except that on a through lot the provisions of paragraphs (b) and (c) of Sections 23-532 and 24-382 (Required rear yard equivalents) and 23-71 (Minimum Distance Between Buildings on a Single Zoning Lot) shall not apply. On any single zoning lot within Area A2, if a development or enlargement results in two or more buildings or portions of buildings detached from one another at any level, such buildings or portions of buildings shall at no point be less than eight feet apart.
(4) Height factor, front height and setback regulations
The height factor, front height and setback, alternate front setback and tower regulations of a C6-3 District shall not apply. In lieu thereof, for the first two stories of any development or enlargement, the street wall shall be located on the street line and shall extend the entire width of the zoning lot, not occupied by existing buildings to remain, except that at the intersection of two street lines the street wall may be located within five feet of the street line. Above the ceiling of the second story for any development or enlargement, there shall be mandatory street walls extending the entire width of the zoning lot not occupied by existing buildings to remain, as set forth in this paragraph (b)(4). Along wide streets and along narrow streets, within 75 feet of the intersection with wide streets, the street wall shall rise for a minimum of 60 feet above curb level but shall not exceed a height of 100 feet above curb level. Along a narrow street, beyond a distance of 75 feet from the intersection of a wide street and a narrow street, the street wall shall rise for a minimum of 60 feet above curb level but shall not exceed a height of 85 feet above curb level. Notwithstanding the above requirements, for the 25 feet of a zoning lot furthest from the intersection of a wide street and a narrow street, the height of the street wall shall be 60 feet or the height of the adjacent building fronting on the same street line, whichever is greater. Above the ceiling of the second story, 75 percent of the aggregate area of the mandatory street walls at each story shall be within five feet of the street line; the mandatory street wall shall abut the street line at least once every 25 feet; and at the intersection of two street lines the mandatory street wall shall be located within five feet of the street line, measured perpendicular to the street line. For residential and community facility developments or enlargements, recesses shall comply with the applicable outer court provisions of Sections 23-84 and 24-63.
For any zoning lot located in a Historic District designated by the Landmarks Preservation Commission, the minimum base height of a street wall may vary between the height of the street wall of an adjacent building before setback, if such height is lower than the minimum base height required, up to the minimum base height requirements of this Chapter.
For any zoning lot located in a Historic District designated by the Landmarks Preservation Commission, the location of the street wall of any building may vary between the street wall location requirements of this Chapter and the location of the street wall of an adjacent building fronting on the same street line.
(5) Curb cuts
Curb cuts shall not be permitted on Greenwich Street, Murray Street and Chambers Street.
(c) Area A3
The regulations applicable to a C6-3A District shall apply to developments and enlargements, except as set forth herein.
(1) Height and setback regulations
The height and setback regulations of Section 35-65 (Height and Setback Requirements for Quality Housing Buildings) shall not apply. In lieu thereof, the following height and setback regulations shall apply:
(i) Permitted obstructions
Permitted obstructions for all buildings or other structures shall be as set forth in Section 33-42.
(ii) Measurement of height
Heights of all buildings or other structures shall be measured from the base plane.
(iii) Street wall location
The street wall of any development or enlargement shall be located on the street line and extend along the entire street frontage of the zoning lot not occupied by existing buildings, and shall rise to at least a height of 60 feet or the height of the building, whichever is less. However, to allow articulation of street walls at the intersection of two street lines, the street wall may be located anywhere within an area bounded by the two street lines and a line connecting such street lines at points 15 feet from their intersection. Recesses, not to exceed three feet in depth from the street line, shall be permitted on the ground floor where required to provide access to the building. At any level above the ground floor, but at least 12 feet above the level of the base plane, recesses shall be permitted in the street wall for outer courts or articulation of street walls at the intersection of two street lines as set forth in this Section. The aggregate width of such recesses shall not exceed 30 percent of the width of the street wall at any level.
(iv) Maximum height of street walls and required setbacks
The maximum height of a street wall before setback shall be 85 feet or the height of an adjoining building fronting on the same street line with a height of at least 60 feet, whichever is less. Setbacks are required for all portions of buildings that exceed these maximum street wall heights. At a height not lower than 60 feet nor higher than 85 feet, or the height of an adjoining building fronting on the same street line which is less than 85 feet, a setback with a depth of at least 10 feet shall be provided from any street wall fronting on a wide street, and a setback with a depth of at least 15 feet shall be provided from any street wall fronting on a narrow street, except that such dimensions may include the depth of any permitted recesses in the street wall.
(v) Maximum building height
No building or other structure shall exceed a height of 135 feet.
(vi) Vertical enlargements of low buildings
Existing buildings with street walls less than 60 feet in height may be vertically enlarged by up to one story or 15 feet, whichever is less, without regard to the street wall location provisions of paragraph (c)(1)(iii) of this Section.
(2) Special regulations for narrow buildings
A building or portion of a building may be constructed above the maximum height of street wall permitted pursuant to Section 23-692 (Height limitations for narrow buildings or enlargements), provided such portion of a building exceeding such height limitation does not exceed a height of one story or 15 feet, whichever is less, and provided such portion of a building is set back at least 10 feet from the street wall of the building facing a wide street, and 15 feet from the street wall of a building facing a narrow street.
(d) Areas A4, A5, A6 and A7
Except as set forth in this Section, the bulk regulations of the underlying district shall apply.
(1) The applicable height and setback regulations, as set forth in Section 35-65 (Height and Setback Requirements for Quality Housing Buildings), inclusive, shall be modified, as follows:
|
Area |
Minimum Base Height (in ft.) |
Maximum Base Height (in ft.) |
Maximum Building Height (in ft.) |
|
A4 |
60 |
70 |
140 |
|
A5 |
60 |
70 |
110 |
|
A6 |
60 |
85 |
120 |
|
A7 |
60 |
85 |
120 |
For any building or portion thereof within Area A4, a penthouse portion of a building, not exceeding 10 feet in height, may be constructed within Area A4 above the maximum building height, provided that such penthouse portion is set back at least 25 feet from any narrow street.
However, for any building or portion thereof located within Area 4 and within an Historic District designated by the Landmarks Preservation Commission, the underlying height and setback regulations of Section 35-24 shall apply, except that the maximum height of such buildings, or portions thereof, shall be 160 feet and the 10 foot penthouse allowance set forth in this paragraph (d)(1) shall not apply.
(2) The provisions of Section 33-42 (Permitted Obstructions) shall apply to all buildings, 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).
(3) The maximum floor area ratio permitted on a zoning lot shall be as follows:
|
Area |
Maximum Floor Area Ratio |
|
A4 |
6.5 |
|
A5 |
5.5 |
|
A6 |
5.4 |
|
A7 |
5.0 |
(4) Applicability of Inclusionary Housing Program
R8A Districts within Area A6 shall be Inclusionary Housing designated areas, pursuant to Section 12-10 (DEFINITIONS), for the purpose of making the Inclusionary Housing Program regulations of Section 23-90, inclusive, applicable as modified within the Special District. The base floor area ratio for any zoning lot containing residences shall be 5.4. Such base floor area ratio may be increased to a maximum of 7.2 through the provision of affordable housing pursuant to the provisions for Inclusionary Housing designated areas in Section 23-90, except that the height and setback regulations of Sections 23-951 (Height and setback for compensated developments in Inclusionary Housing designated areas) and 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors) shall not apply. In lieu thereof, the height and setback regulations of this Chapter shall apply.
(5) Buildings that have received a certification from the Chairperson of the City Planning Commission pursuant to paragraph (c) of the former Section 111-20 (MINOR MODIFICATIONS), prior to October 13, 2010, to modify the rooftop open space requirements of the former Section 111-112 (Open space equivalent), shall be exempt from the rooftop open space requirements of Section 15-24 (Open Space Equivalent).
(6) Notwithstanding any of the provisions of Section 11-33 (Building Permits for Minor or Major Development or Other Construction Issued Before Effective Date of Amendment), the development of a building pursuant to a variance granted by the Board of Standards and Appeals under Calendar No. 231-09-BZ to modify bulk regulations, may be continued provided that a building permit has been issued, in accordance with the terms of said variance, within six years of the original granting of said variance.
SPECIAL PERMITS
The City Planning Commission may permit the total floor area of large commercial establishments to exceed the underlying floor area requirements set forth in Section 111-13, paragraphs (a)(3) and (b)(4), including the floor area requirements for cellar space, provided the Commission finds that:
(a) such development, enlargement, extension or change of use is so located as not to impair the essential character or the future use of, or development of, the surrounding area; and
(b) the streets providing access to the facility will be adequate to handle the vehicular and pedestrian traffic generated by such use.
The Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the surrounding area.
The following is applicable to all existing loft dwellings, created prior to October 13, 2010, within the Special Tribeca Mixed Use District.
(a) All loft dwellings shall have one or more windows which open into a street or a yard with a minimum depth of 30 feet.
(b)
(1) The minimum floor area contained within a loft dwelling shall be not less than 2,000 square feet, except that:
(i) where a loft dwelling occupies the entire usable area of a floor, there shall be no minimum floor area;
(ii) where a loft dwelling has a minimum clear width of 14 feet throughout and has windows opening onto both a street and a yard which has a depth of 10 percent of the depth of the loft dwelling, there shall be no minimum floor area;
(iii) where the ratio in a loft dwelling of the window area opening onto a street or a yard of 30 feet minimum depth to the floor area contained within the loft dwelling exceeds five percent, the minimum floor area contained within the loft dwelling may be reduced by 200 square feet for each additional percent, to a ratio of 10 percent; or
(iv) where the ratio in a loft dwelling of the window area opening onto a street or a yard of 30 feet minimum depth to the floor area contained within the loft dwelling equals or exceeds 10 percent, there shall be no minimum floor area.
(2) The minimum loft dwelling size and yard requirement may be replaced by the requirements of Section 15-024 (Special bulk regulations for certain pre-existing dwelling units, joint living-work quarters for artists and loft dwellings) for loft dwellings:
(i) for which a determination of residential occupancy on September 1, 1980 has been made;
(ii) that are registered Interim Multiple Dwellings or are found covered by the New York City Loft Board pursuant to Article 7C of the New York State Multiple Dwelling Law; or
(iii) that the Loft Board determines were occupied for residential use on September 1, 1980.
Loft dwellings existing on September 1, 1980, may not be subsequently divided into multiple loft dwellings that do not meet the requirements of paragraphs (a), (b)(1) and (c) of this Section, unless required by the Loft Board for the legalization of Interim Multiple Dwelling units in the implementation of Article 7C of the New York State Multiple Dwelling Law.
No building that meets the density requirements of paragraph (c) of this Section may subsequently add additional units or quarters except in accordance thereof. No building to which the regulations of Section 15-024 have been applied may subsequently add additional units or quarters except in accordance with the requirements of paragraph (c).
(c) The number of loft dwellings shall not exceed one per 1,000 square feet of floor area devoted to loft dwellings, except as a result of the application of paragraph (b)(2) of this Section.
(d) Mezzanines constructed pursuant to Chapter 26 of the Administrative Code shall be allowed within individual loft dwellings, provided that the gross floor area of each mezzanine does not exceed 33 and one-third percent of the floor area contained within such loft dwelling. Such mezzanines are permitted only in buildings with an existing floor area ratio of 12 or less and only between floors, or between a floor and a roof, existing on January 22, 1998, that are to remain. Such mezzanines shall not be included as floor area for the purpose of calculating the minimum required size of a loft dwelling or for calculating floor area devoted to loft dwellings.
(e) At least 30 percent of the gross roof area of a building containing 15 or more loft dwellings shall be provided for recreational use. For each additional loft dwelling, 100 square feet of additional roof area shall be developed for recreational use up to a maximum of 50 percent of the gross roof area. This recreational area shall be accessible to all the occupants of said loft dwellings and their guests for whom no fees are charged.
(f) Existing loft dwellings may be extended, enlarged, or subdivided into two or more loft dwellings only in accordance with the provisions of this Section. In addition, floor area added to an existing loft dwelling shall not be subject to the provisions of Section 32-42 (Location Within Buildings).
