The provisions of this Chapter shall apply within the Special East Harlem Corridors District. The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control. However, for transit-adjacent sites or qualifying transit improvement sites, 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. For the purposes of this paragraph, defined terms additionally include those in Section 66-11 (Definitions).

In flood zones, 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 Zones), the provisions of Article VI, Chapter 4 shall control.

The regulations of this Chapter are designed to implement the Special East Harlem Corridors District Plan. The District Plan includes the map, “Special East Harlem Corridors District and Subdistrict,” in the Appendix to this Chapter which is hereby incorporated and made part of this Resolution for the purpose of specifying locations where the special regulations and requirements set forth in this Chapter apply.

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

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

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

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

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

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

(a)        Along wide streets other than Park Avenue

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

(b)        Along Park Avenue

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

(c)        Along all other streets

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

(d)        Within flood zones

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

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

(2)        the area between such street wall and the sidewalk, or portions thereof, that do not contain any planting pursuant to the provisions of paragraph (b)(1) of Section 37-362 (Mitigation elements) for at least 70 percent of the linear footage, shall be improved to Department of Transportation standards for sidewalks, be at the same level as the adjoining public sidewalk and be accessible to the public at all times. In addition, such area shall provide visual mitigation elements in accordance with the provisions of Section 37-362 for at least 70 percent of the linear footage of such area per 50 feet of frontage.

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

(a)        Basic Height and Setback Regulations

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

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

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

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

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

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

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

(b)        Alternate Height and Setback Regulations in Certain Districts

In C2 Districts mapped within an R9 or R10 District, or in C4-6 or C6-4 Districts, as an alternative to the provisions of paragraph (a) of this Section, the provisions of this paragraph may be applied to zoning lots meeting the applicable criteria set forth in paragraph (a) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), or to zoning lots where 50 percent or more of the floor area is occupied by non-residential uses.

(1)        Setbacks

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

(2)        Lot coverage requirements for towers

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

(3)        Maximum tower height

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

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

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

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

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

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

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

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

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

(a)        Along primary street frontages

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

(1)        in M1-6 Districts paired with an R9 or R10 District, where the ground floor level is occupied by uses in Use Groups 16, 17 and 18, up to 50 percent of the ground floor level street wall width may be exempt from such regulations, provided that planting or screening in accordance with the provisions of paragraphs (a)(1) or (b)(1) of Section 37-362 (Mitigation elements) is provided pursuant to the provisions for Type 1 blank walls set forth in Section 37-361 (Blank wall thresholds); and

(2)        in flood zones, visual mitigation elements shall be provided in accordance with the provisions for Type 3 blank walls set forth in Section 37-361.

(b)        Along secondary street frontages

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

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

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

In the Special East Harlem Corridors District, no accessory off-street parking shall be required for residences. Off-street parking shall be permitted in accordance with the underlying district regulations.

Within C4-6 Districts, the City Planning Commission may, by special permit, allow a reduction or waiver in the number of required loading berths, provided that:

1. curbside deliveries will not create or contribute to serious traffic congestion or unduly inhibit vehicular or pedestrian movement and will not interfere with the efficient functioning of nearby uses; and
2. an efficient goods receiving system will be implemented within the commercial establishment to expedite the movement of goods from the curb to areas within the establishment.

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