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 home occupation may occupy a loft dwelling, or a dwelling unit converted pursuant to Article I, Chapter 5 (Residential Conversion Within Existing Buildings), as an accessory use pursuant to Section 15-13 (Special Home Occupation Provision), except that:
(a) businesses operated as home occupations may have up to three persons not residing in the dwelling unit or rooming unit may be employed; and
(b) a home occupation may include any permitted commercial or manufacturing use.
Use Regulations
(a) Areas A1 and A3
(1) Uses permitted in a C6 District are applicable in Areas A1 and A3, except that uses listed under Use Group IX(A) shall be permitted to the applicability of a C8 District.
(2) In buildings fronting on Chambers Street, Church Street, Greenwich Street, Hudson Street or West Broadway, uses listed under Use Group VI or uses listed under Use Group VIII 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).
(3) In addition, in buildings not fronting on the streets, listed in paragraph (a)(2) of this Section, uses listed under Use Groups VI or VIII 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) Uses permitted in a C6 District are applicable in Areas A4, A5, A6 and A7, except that:
(i) automotive repair and maintenance and dry cleaning and laundry services listed under Use Group VI shall be permitted to the applicability of a C8 District; and
(ii) uses listed under Use Groups IX(A) and IX(C) shall be permitted to the applicability of a C8 District.
(2) For establishments with frontage on wide streets, uses listed under Use Group VI 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.
(c) Eating or drinking establishments, where such establishment provides entertainment with a cover charge or specified showtime, or includes a dance floor, and a capacity of more than 200 persons, as listed under Use Group VI, in any location within a building, shall be permitted only by special permit of the Board of Standards and Appeals as provided in Section 73-162 (Eating or drinking establishments) or the City Planning Commission as provided in Section 74-161 (Retail and service uses), as applicable.
(d) Environmental conditions for Area A2
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.
Bulk Regulations for Area A1
The regulations applicable to a C6-2A District shall apply to developments and enlargements, except that the maximum floor area ratio permitted on a zoning lot shall be 5.0. However, for zoning lots containing qualifying affordable housing or qualifying senior housing, the maximum residential floor area ratio shall be 6.0.
Bulk Regulations for Area A2
The underlying regulations applicable to a C6-3 District shall apply to developments and enlargements, except as set forth herein.
- Maximum floor area ratio
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. - Height and setback regulations
The underlying height and setback regulations applicable to a C6-3A District shall apply. - Curb cuts
Curb cuts shall not be permitted on Greenwich Street, Murray Street and Chambers Street.
Bulk Regulations for Area A3
The regulations applicable to a C6-3A District shall apply to developments and enlargements.
Except as set forth in this Section, the bulk regulations of the underlying district shall apply.
- The maximum residential floor area ratio for zoning lots containing standard residences, and that permitted for zoning lots containing qualifying affordable housing or qualifying senior housing shall be as set forth in the following table:
Area Maximum Floor Area Ratio for Standard Residences Maximum Floor Area Ratio for Qualifying Affordable Housing or Qualifying Senior Housing A4 6.5 7.8 A5 5.5 6.6 A6 6.0 7.2 A7 5.0 6.0 - The underlying height and setback regulations shall apply except that in Area A4, the maximum building height shall be 145 feet or, for zoning lots containing qualifying affordable housing or qualifying senior housing, 175 feet.
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.
