Except as modified by the express provisions of the Special Lower Manhattan District, the regulations of the underlying zoning districts shall remain in effect.

Requirements that apply generally throughout the District are set forth in the provisions for this Chapter. The provisions of Section 91-40 (MANDATORY DISTRICT PLAN ELEMENTS) specify planning and urban design features that are primarily oriented toward the accommodation and well-being of pedestrians.

For requirements that are not generally applicable but are tied to specific locations within the Special District, the locations where these requirements apply are shown on District Map 2 (Street Wall Continuity Types 1, 2A, 2B & 3), Map 3 (Street Wall Continuity Types 4 & 5), Map 4 (Designated Retail Streets) and Map 5 (Curb Cut Prohibitions) in Appendix A. Certain sign regulations that apply to landmark buildings with street walls fronting Broadway are set forth in Section 91-114.

The provisions of Article VI, Chapter 2 (Special Regulations in the Waterfront Area), shall apply to all areas of the waterfront area within the Special Lower Manhattan District, except as otherwise provided in Section 91-60 (REGULATIONS FOR THE SOUTH STREET SEAPORT SUBDISTRICT) for Piers 9, 11, 13 and 14. Piers 9, 11, 13 and 14 are shown on Maps 1 and 6 in Appendix A.

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.

An existing public amenity, open or enclosed, that was a mandatory requirement or received a floor area bonus pursuant to the provisions of the former Special Greenwich Street Development District, eliminated on August 27, 1998, shall not be removed, reduced in size or in any way altered, other than pursuant to the provisions of Section 91-71 (Authorization for the Modification of Required Public Amenities).

Special regulations governing the development of three specific sites in the Special Lower Manhattan District are set forth in the following Sections:

Section 91-72        (Special Permit for Development Over or Adjacent to the Approaches to the Brooklyn Battery Tunnel)

Section 91-73        (Special Provisions for Battery Park Underpass/South Street).

For the purposes of this Chapter, matter in italics is defined in Sections 12-10 or 91-62 (Definitions).

District maps are located in Appendix A of this Chapter and are hereby incorporated and made an integral part of this Resolution. They are incorporated for the purpose of specifying locations where special regulations and requirements, as set forth in the text of this Chapter, apply.

Map 1        Special Lower Manhattan District

Map 2        Street Wall Continuity Types 1, 2A, 2B & 3

Map 3        Street Wall Continuity Types 4 & 5

Map 4        Designated Retail Streets

Map 5        Curb Cut Prohibitions

Map 6        South Street Seaport Subdistrict (Section 91-63)

Map 7        Subway Station Improvement Areas

Map 8        Water Street Subdistrict

Map 9         Water Street Subdistrict Arcades

In order to carry out the purposes and provisions of this Chapter, the South Street Seaport Subdistrict, the Historic and Commercial Core and the Water Street Subdistrict are established within the Special Lower Manhattan District and include specific regulations designed to advance the purpose of these areas:

(a)        South Street Seaport Subdistrict

The South Street Seaport Subdistrict contains certain provisions that do not apply to other areas of the Special District. Except as otherwise provided in the Subdistrict regulations, the Subdistrict is subject to all other regulations of the Special Lower Manhattan District and the underlying districts. The requirements for the South Street Seaport Subdistrict are set forth in Section 91-60 (SPECIAL REGULATIONS FOR THE SOUTH STREET SEAPORT SUBDISTRICT).

The Subdistrict is shown on Map 1 (Special Lower Manhattan District) and Map 6 (South Street Seaport Subdistrict) in Appendix A of this Chapter.

(b)        The Historic and Commercial Core

The Historic and Commercial Core has been established to promote development compatible with existing buildings that border the area whose street plan has been accorded landmark status by the New York City Landmarks Commission as the Streetplan of New Amsterdam and Colonial New York. Height and setback provisions for the Historic and Commercial Core are set forth in Sections 91-31 through 91-33.

The Core is bounded by Broadway and Wall, Whitehall and Water Streets, as shown on Map 1 (Special Lower Manhattan District) in Appendix A of this Chapter.

(c)        Water Street Subdistrict

The Water Street Subdistrict has been established to improve the urban design relationship between existing buildings and open areas by promoting retail activities and the enhancement of existing public spaces with new amenities in this area.

The Subdistrict is shown on Map 8 (Water Street Subdistrict) and Map 9 (Water Street Subdistrict Arcades) in Appendix A of this Chapter.

Within the Special Lower Manhattan District, buildings containing residences may be developed or enlarged in accordance with the provisions of Article II, Chapter 8 (The Quality Housing Program), except that the bulk regulations for Quality Housing buildings set forth in Article II, Chapter 3 (Residential Bulk Regulations in Residence Districts) and modified by Article III, Chapter 5 (Bulk Regulations for Mixed Buildings in Commercial Districts), shall be superseded by the bulk regulations of this Chapter. Recreation space required pursuant to Section 28-20 (RECREATION SPACE AND PLANTING AREAS) shall be in addition to any recreation space required pursuant to this Chapter.

Where the lot line of a zoning lot coincides with, or is within 20 feet of, the boundary of DeLury Square Park, such lot line shall be considered to be a street line for the purposes of applying all use and bulk regulations of this Resolution.

In the Special Lower Manhattan District, except as modified by the provisions of this Section, inclusive, the regulations of Section 32-60, et seq., pertaining to signs, shall apply.

The basic maximum floor area ratio on a zoning lot is specified in the table in Section 91-22 (Floor Area Increase Regulations) and may be increased only pursuant to the floor area increase and bonus provisions of this Chapter.

Notwithstanding the floor area increase and bonus provisions of this Chapter, the maximum permitted floor area ratio on a zoning lot for residential use shall be 12.0.

The basic maximum floor area ratio (FAR) of the underlying district may be increased by the inclusion of specific additional bonus floor area for a maximum floor area ratio as specified in the table in this Section.

The provisions of paragraph (c) of Section 74-792 (Conditions and limitations), pertaining to the transfer of development rights from landmark sites, shall be subject to the restrictions on the transfer of development rights (FAR) of a landmark "granting lot" as set forth in this table. Wherever there may be an inconsistency between any provision in Section 74-79 and the table, the provisions of the table shall apply.

MAXIMUM FLOOR AREA RATIOS AND FLOOR AREA BONUSES BY ZONING DISTRICT

BASIC AND MAXIMUM FLOOR AREA RATIOS (FAR)

¹        maximum floor area ratio and minimum open space ratio shall be determined in accordance with the provisions of Article II, Chapter 3

²        for a commercial or, where permitted, manufacturing use

³        for a community facility use

⁴        for a residential use

⁵        if receiving lot is located in a zoning district with a basic maximum FAR of less than 15

⁶        if receiving lot is located in a zoning district with a basic maximum FAR of 15

⁷        maximum FAR for receiving lots less than 30,000 square feet

⁸        for zoning lots utilizing a floor area bonus pursuant to Section 66-51 (Additional Floor Area for Mass Transit Station Improvements), the maximum floor area bonus shall be 2.4 FAR

⁹        only pursuant to Section 66-51

¹⁰        for zoning lots utilizing a floor area bonus pursuant to Section 66-51, the maximum FAR may be increased through a combination with Inclusionary Housing, in accordance with the provisions of such Section

In C5-3, C5-5 and C6-9 Districts, the residential floor area ratio of a zoning lot may be increased to 12.0, provided that recreation space, for the residential occupants of the building on such zoning lot, is provided in an amount not less than 16.25 square feet for each dwelling unit or a total area of at least 5,000 square feet, whichever is greater.

Such recreation space may be located at any level, including a roof, and shall:

(a)        be restricted to residential occupants of the building and their guests for whom no admission or membership fees may be charged;

(b)        be directly accessible from a lobby or other public area served by the residential elevators;

(c)        be landscaped, including trees or shrubbery, except where covered or developed with recreational facilities and seating areas;

(d)        contain not less than 500 square feet of continuous area on a single level with no dimension of less than 15 feet; and

(e)        have not less than 50 percent of the area open from its lowest level to the sky. The remaining portion may be roofed and up to 50 percent of its perimeter may be enclosed. In no event may more than 25 percent of the required recreation space be fully enclosed. All enclosures shall be transparent except when located within the building. Covered areas shall contain recreation facilities or seating areas.

A copy of requirements (a) through (e) shall be permanently posted in a conspicuous place within each recreation space.

The maximum permitted floor area on a zoning lot may be increased, in accordance with the following regulations, where a public plaza is provided that meets the requirements of Section 37-70 (PUBLIC PLAZAS):

(a)        A floor area bonus for a public plaza shall only be permitted for a development or enlargement that is located:

(1)        outside the Historic and Commercial Core;

(2)        outside the South Street Seaport Subdistrict; or

(3)        beyond 50 feet of a street line of a designated street, except in C6-4 Districts, on which:

(i)        retail continuity is required, pursuant to Section 91-41 (Regulations for Designated Retail Streets); or

(ii)        street wall continuity is required, pursuant to the regulations for Type 1 or Type 2A street walls pursuant to Section 91-31 (Street Wall Regulations).

(b)        Within a C6-4 District, paragraph (a)(3) of this Section shall not apply to the location of a development or enlargement. However, a floor area bonus for a public plaza shall be permitted, provided that such public plaza is located beyond 50 feet of the designated streets referenced in paragraph (a)(3).

(c)        For each square foot of a public plaza, the basic maximum floor area permitted by Section 91-22 (Floor Area Increase Regulations) may be increased, in C6-4 Districts, by six square feet, to a maximum floor area ratio of 12.0 and, in C5-3, C5-5 and C6-9 Districts, by 10 square feet, to a maximum floor area ratio of 18.0.

(d)        When a public plaza that meets the requirements for a floor area bonus is located on a zoning lot divided by a district boundary, the bonusable floor area may be credited to either portion of the zoning lot, notwithstanding the location of the public plaza or the date of the creation of the zoning lot. The amount of bonusable floor area permitted on either portion of the zoning lot shall not exceed the maximum amount of floor area permitted on such portion if it were a separate zoning lot subject to all other provisions of Article VII, Chapter 7.

Within the Special Lower Manhattan District, the City Planning Commission may grant the following special permits for increased floor area in accordance with the provisions of this Section.

For the purposes of applying the street wall regulations of this Section, developments shall include alterations and enlargements that change the height, width or location of a street wall.

All portions of buildings or other structures located above the maximum base heights specified in paragraph (a) of this Section shall provide a setback in accordance with the regulations of Section 91-32 (Setback Regulations).

(a)        Within the Special District, the maximum base height shall be 85 feet or 1.5 times the width of the street upon which the building fronts, whichever is greater, except as provided for the following types of street wall regulations:

(1)        Street wall regulations: Type 1

For developments that front upon a street indicated as "Type 1" on Map 2 (Street Wall Continuity Types 1, 2A, 2B and 3) in Appendix A, street walls shall extend along the entire street frontage of the zoning lot not occupied by existing buildings to remain, to a minimum base height of 150 feet or the height of the building, whichever is less. The maximum base height shall be 250 feet.

(2)        Street wall regulations: Type 2A

For developments that front upon a street indicated as "Type 2A" on Map 2 in Appendix A, street walls shall extend along such entire street frontage of the zoning lot not occupied by existing buildings to remain, to a minimum base height of 85 feet or the height of the building, whichever is less. The maximum base height shall be 150 feet.

(3)        Street wall regulations: Type 2B

For developments that front upon a street indicated as "Type 2B" on Map 2 in Appendix A, street walls shall extend along at least 60 percent of such street frontage of the zoning lot not occupied by existing buildings to remain, to a minimum base height of 85 feet or the height of the building, whichever is less. The maximum base height shall be 150 feet.

(4)        Street wall regulations: Type 3

For developments that front upon a street indicated as "Type 3" on Map 2 in Appendix A, street walls shall extend along the entire street frontage of the zoning lot not occupied by existing buildings to remain, to a minimum base height of 60 feet, five stories, or the height of the building, whichever is less. The maximum base height shall be 85 feet or 1.5 times the width of the street upon which the building fronts, whichever is greater.

(5)        Street wall regulations: Type 4

For developments that front upon a street within the Historic and Commercial Core, indicated as "Type 4" on Map 3 (Street Wall Continuity Types 4 and 5) in Appendix A, the maximum base height shall be 100 feet.

(6)        Street wall regulations: Type 5

For developments that front upon a street indicated as "Type 5" on Map 3 in Appendix A, no setbacks are required for any portion of a building.

(b)        For developments that front upon a street indicated as "Type 1" or "Type 2A," at least 70 percent of the aggregate width of street walls shall be located on such street line. For developments that front upon a street indicated as “Type 2B,” at least 60 percent of the aggregate width of street walls shall be located within 10 feet of such street line. For developments that front upon a street indicated as "Type 3," at least 70 percent of the aggregate width of street walls shall be located within 10 feet of such street line. The remaining 30 percent of the aggregate width of street walls may be located beyond such street lines in compliance with:

(1)        the outer court regulations of Article II, Chapter 3, for residential portions of buildings;

(2)        the outer court regulations of Article II, Chapter 4, for all other portions of buildings; or

(3)        the requirements of Section 37-50 where such areas are pedestrian circulation spaces.

(c)        When a building fronts on two intersecting streets for which different maximum base heights are specified, the higher maximum base height may wrap around to the street with the lower maximum base height for a distance along the street line of 100 feet. However, "Type 5" street walls shall not be permitted to wrap around to the intersecting street.

(d)        Arcades and sidewalk widenings that meet the design standards of Section 37-53 (Design Standards for Pedestrian Circulation Spaces) shall be permitted along any street indicated as "Type 1," "Type 2A" or "Type 3," pursuant to paragraphs (a), (b) or (c) of this Section, provided such arcade or sidewalk widening extends along the entire block frontage or abuts another arcade, existing on August 27, 1998, of equal width and height or another sidewalk widening of equal width. In such case, the street wall requirements for paragraph (b) of this Section shall be measured from the permitted arcade or sidewalk widening.

In accordance with the provisions of Section 91-31 (Street Wall Regulations), setbacks are required for any portion of a building or other structure that exceeds the maximum base heights specified for the applicable street in Section 91-31.

Required setbacks shall be provided at a height not lower than any minimum base height or 60 feet where none is specified and not higher than any maximum base height specified for the applicable street in Section 91-31. The depth of the setback shall be determined by the lot area of the zoning lot, as shown in the following table:

REQUIRED DEPTH OF SETBACKS

For "Type 1" and "Type 2A and 2B" street walls, the required setbacks shall be measured from the street line.

For "Type 3" street walls, the required setbacks shall be measured from a line drawn at or parallel to the street line so that at least 70 percent of the aggregate width of street walls of the building at the minimum base height are within such line and the street line.

For all other street walls, the required setbacks shall be measured from a line drawn at, or parallel to, the street line so that at least 50 percent of the aggregate width of street walls of the building at the minimum base height are within such drawn line and the street line. However, setbacks are not required for street walls fronting upon the major portion of a bonused public plaza.

For buildings within the Historic and Commercial Core as shown on Map 1 in Appendix A, any building or portion of a building may be located within the required setback area beneath a sky exposure plane that rises from a height of 100 feet above the street line over the zoning lot at a vertical distance of six to a horizontal distance of one.

Above the maximum base height specified in Section 91-31 (Street Wall Regulations), up to a height of 300 feet, the maximum lot coverage of any zoning lot shall be 65 percent. Above a height of 300 feet, the maximum lot coverage of any zoning lot shall be 50 percent.

However, within the Historic and Commercial Core, above the maximum base height specified in Section 91-31, up to a height of 300 feet, the maximum lot coverage of any zoning lot shall be 75 percent. Above a height of 300 feet, the maximum lot coverage of any zoning lot shall be 60 percent.

For buildings fronting on more than one street where different maximum base heights are specified, the maximum lot coverage regulations specified in this Section shall apply at horizontal planes at heights corresponding to the different maximum base heights. The lot coverage at the level of the lowest plane shall apply to the portion of a zoning lot located beyond 100 feet from any street with a higher maximum base height. The lot coverage at the level of each subsequent higher plane shall apply to the portion of the zoning lot located beyond 100 feet from any street with a higher maximum base height, and shall also include those portions of the zoning lot where lower base heights apply. The highest horizontal plane shall be established over the entire zoning lot.

For any portion of a building above a height of 300 feet, the maximum horizontal dimension, measured in any direction, shall not exceed 175 feet

Diagram of Maximum Horizontal Dimension

(91—34)

The City Planning Commission, by special permit, may modify:

(a)        the street wall requirements and minimum base heights of Section 91-31 (Street Wall Regulations);

(b)        the setback requirements of Section 91-32; and

(c)        where such zoning lots contain buildings existing on December 15, 1961, that exceed a height of 300 feet, the lot coverage regulations of Section 91-33 and the maximum horizontal dimension set forth in Section 91-34 (Maximum Horizontal Dimension for Tall Buildings), provided such modifications are limited to that portion of the development or enlargement between 300 and 325 feet in height, and provided the lot coverage of such portion does not exceed 55 percent.

In order to grant such special permit, the Commission shall find that:

(1)        such modifications will result in a site plan consistent with existing scale and streetscape patterns;

(2)        such modifications will ensure a harmonious relationship between the development or enlargement and the surrounding area;

(3)        such street wall modifications will enhance pedestrian circulation by providing pedestrian amenities that relieve sidewalk congestion;

(4)        such setback, lot coverage or horizontal dimension modifications will not unduly obstruct access to light and air to surrounding streets and properties; and

(5)        such setback, lot coverage or horizontal dimension modifications will result in a built form that maintains an appropriate relationship between tower and base portions of the development or enlargement.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding 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 on Map 4 (Retail and Street Wall Continuity) in Appendix A of this Chapter shall be considered Tier C street frontages.

Access to each permitted establishment or use shall be provided directly from the Tier C street frontage, as shown on Map 4 in Appendix A. Where there is more than one entrance to the establishment or use from the Tier C street frontage, direct access shall be provided via the entrance with the greatest aggregate clear opening width.

Defined terms in this Section include those in Section 12-10 and Section 32-301.

Within the boundaries of the Special Lower Manhattan District, all developments or enlargements constructed after August 27, 1998, on zoning lots of at least 5,000 square feet that contain more than 70,000 square feet of new floor area shall provide pedestrian circulation space on such zoning lot in accordance with the provisions of Section 37-50.

Pedestrian circulation space shall not be required if any of the following conditions exist:

(a)        the zoning lot is entirely occupied by a building of no more than one story in height;

(b)        the zoning lot is an interior lot fronting on a wide street with less than 80 feet of street frontage;

(c)        the zoning lot is an interior or through lot fronting on a street or streets with Type 1, Type 2A, Type 2B, Type 3, Type 4 or Type 5 street wall regulations, as set forth in paragraph (a) of Section 91-31 (Street Wall Regulations);

(d)        the zoning lot is a through lot and both street frontages are less than 25 feet in length; or

(e)        the zoning lot is located in a C6-2A or C6-9 District within the South Street Seaport Subdistrict.

Where a development or enlargement is constructed on a zoning lot that contains at least 5,000 square feet of lot area and fronts on a sidewalk containing a stairway entrance or entrances into a subway station, the existing entrance or entrances shall be relocated from the street onto the zoning lot. The new entrance or entrances shall be provided in accordance with the provisions of Section 37-40 (OFF-STREET RELOCATION OR RENOVATION OF A SUBWAY STAIR). A relocated or renovated subway stair may be counted as pedestrian circulation space in accordance with the provisions of Section 37-50.

The subway stations where such improvements are required are listed in the following table and shown on Map 7 (Subway Station Improvement Areas) in Appendix A.

Accessory off-street parking spaces shall be permitted for dwelling units in non-residential buildings erected prior to January 1, 1977, or portions thereof, that are converted to residential use, provided:

(a)        no more than 200 spaces or a number of spaces equal to 20 percent of the number of dwelling units in the converted building, whichever is less, shall be permitted;

(b)        no curb cut shall be permitted on any street where the converted building has a street frontage of 40 feet or less;

(c)        no portion of any such parking facility shall be more than 23 feet above curb level;

(d)        no exhaust vents shall open onto any street or public park or publicly accessible open space, and no portion of the parking facility, other than entrances and exits, shall be visible from adjoining zoning lots, streets or parks; and

(e)        all such parking facilities shall be provided on the same zoning lot as the residential uses to which they are accessory, except as otherwise provided in Section 91-511 (Authorization for off-site parking facilities for converted buildings).

All curb cuts shall be prohibited on streets indicated on Map 5 in Appendix A, except that:

(a)        The Commissioner of Buildings may approve a curb cut where there are no alternative means of access to required off-street loading berths from other streets bounding the zoning lot.

(b)        The City Planning Commission may authorize curb cuts for loading berths, provided:

(1)        such loading berths are adjacent to a fully enclosed maneuvering area on the zoning lot;

(2)        such maneuvering area is at least equal in size to the area of the loading berth; and

(3)        there is adequate space to permit head-in and head-out truck movements to and from the zoning lot.

The City Planning Commission may refer such applications to the Department of Transportation for comment.

(c)        The City Planning Commission may authorize curb cuts for accessory parking for residences, provided such curb cuts:

(1)        will not create or contribute to serious traffic congestion or unduly inhibit vehicular and pedestrian movement; and

(2)        will not interfere with the efficient functioning of required pedestrian circulation spaces, or public transit facilities.

The City Planning Commission may refer such applications to the Department of Transportation for comment.

No curb cuts may be approved or authorized on Battery Place, Broad Street, Broadway, Liberty Street west of Broadway, Park Row South or Wall Street.

In addition, for zoning lots with frontage on streets where curb cuts are prohibited, the Commissioner of Buildings may waive required off-street loading berths pursuant to the provisions set forth in Section 13-35 (Modification of Loading Berth Requirements).

Where a curb cut is approved or authorized pursuant to this Section, the maximum width of a curb cut, including splays, shall be 15 feet for a street with one-way traffic and 25 feet for a street with two-way traffic.

The regulations of Section 91-60, et seq., relating to special regulations for the South Street Seaport Subdistrict are applicable only in the South Street Seaport Subdistrict. The boundaries of the South Street Seaport Subdistrict are shown on Map 1 (Special Lower Manhattan District) and Map 6 (South Street Seaport Subdistrict) in Appendix A. The regulations of Section 91-60, et seq., supplement or modify the regulations of this Chapter applying in general to the South Street Seaport Subdistrict area of the Special Lower Manhattan District.

In order to preserve and protect the character of the South Street Seaport Subdistrict and to implement the provisions of the Brooklyn Bridge Southeast Urban Renewal Plan, as amended, special controls and incentives are provided.

The provisions of Article VI, Chapter 2 (Special Regulations in the Waterfront Area), shall apply to waterfront zoning lots within the South Street Seaport Subdistrict. The provisions of paragraph (c) of Section 74-792 (Conditions and limitations) concerning the transfer of development rights from landmark sites in C5-3, C5-5, C6-6, C6-7 or C6-9 Districts shall not apply in the South Street Seaport Subdistrict.

For purposes of this Section, matter in italics is defined in Section 12-10 (DEFINITIONS) or within this Section.

Development rights

Within the South Street Seaport Subdistrict, the basic maximum permitted floor area for a granting lot shall be that which is allowed by the applicable district regulations as if such granting lot were undeveloped, and shall not include any additional floor area bonuses for public plazas, arcades or any other form of floor area increase, whether as-of-right or by special permit. Streets located within the Subdistrict that have been closed or discontinued in whole, part or whose air space has been closed or discontinued pursuant to Section E15-3.0 of the Administrative Code, or its successor, shall have attributed to such closed area or closed air space the basic maximum permitted floor area allowed within the underlying zoning district within which such streets are situated. The lot area of a closed or discontinued volume of air space shall be measured by the area of the bed of the street lying below and within such closed or discontinued volume.

Granting lot

Within the South Street Seaport Subdistrict, a "granting lot" is a zoning lot or a closed or discontinued portion of a street or air space over a street which is identified as a granting lot, as identified on Map 6 (South Street Seaport Subdistrict) in Appendix A, upon which development is regulated by contract, lease, covenant, declaration or otherwise to assure compliance with the purposes of this Subdistrict and from which development rights may be transferred. Such zoning lots and closed portions of streets or air space over streets are identified on the map of the transfer areas (Map 6) as Parcels 6, 7 and 9 and the adjacent hatched street areas.

Person

Within the South Street Seaport Subdistrict, a "person" is an individual, corporation (whether incorporated for business, public benefit or not-for-profit purposes or otherwise), partnership, trust firm, organization, other association or any combination thereof.

Receiving lot

Within the South Street Seaport Subdistrict, a "receiving lot" is a zoning lot identified on the map of transfer areas (Map 6 in Appendix A) to which development rights may be added. Such "receiving lots" are identified on the map as Parcels 1, 2, 8, 15, 16, 20, 21 and 22.

Street

(a)        A street, as defined in Section 12-10; or

(b)        a way, designed or intended for general public circulation and use, that:

(1)        performs the pedestrian circulation functions usually associated with a way shown on the City Map;

(2)        remains open and unobstructed from the at-grade circulation level to the sky, except for public facilities customarily located on a street shown on the City Map, or those facilities permitted to be located on a street shown on the City Map, including without limitation, transitory fixtures or objects unattached to the real property encompassed by such way; and

(3)        is a designated pedestrian way, pursuant to Section 91-68.

A street, as defined in paragraph (b) of this Section, shall satisfy and apply to all references to streets provided elsewhere in the Zoning Resolution.

The South Street Seaport Subdistrict transfer areas map, shown hereto as Map 6 in Appendix A, sets forth each granting lot and receiving lot within the Subdistrict.

Within the South Street Seaport Subdistrict, development rights from each of the granting lots may be conveyed or otherwise disposed of:

(a)        directly to a receiving lot; or

(b)        to a person for subsequent disposition to a receiving lot, all in accordance with the provisions of this Subdistrict, except that with respect to zoning lots located on Parcels 6, 7 and 9, as identified on Map 6 (South Street Seaport Subdistrict) in Appendix A, only those development rights in excess of the larger of the following conditions may be so conveyed or otherwise disposed of:

(1)        an amount equal to the product of the lot area of each of such zoning lots multiplied by 5.0; or

(2)        the total floor area of all existing buildings on any such zoning lots.

The City Planning Commission shall certify such initial transfer from the granting lots. Any person may convey its interest in all or a portion of such development rights to another person but such development rights may only be used on a receiving lot.

Within the South Street Seaport Subdistrict, all or any portion of the development rights transferred from a granting lot may be added to the floor area of all or any one of the receiving lots in an amount not to exceed the ratio of 10 square feet of development rights to each square foot of lot area of such receiving lot, except that with respect to a receiving lot having a lot area of less than 30,000 square feet, the total floor area ratio shall not exceed 21.6. However, if a receiving lot is located in a C4-6 District, the total floor area ratio shall not exceed 3.4 and if a receiving lot is located in a C6-2A District, the total floor area ratio shall not exceed 8.02. Development rights transferred to a receiving lot may be applied to a mixed building to increase the floor area of the residential, commercial and/or community facility portions of such building so that the maximum floor area for such building may be increased by the aggregate of development rights so transferred. In no event shall the residential floor area ratio exceed 12.0.

The City Planning Commission shall certify that any zoning lot that utilizes such transferred development rights conforms to this Section and, for those receiving lots within the Urban Renewal Area, to the regulations and controls of the Urban Renewal Plan.

Within the South Street Seaport Subdistrict, at the time of transfer of development rights from a granting lot, there shall be recorded in the Office of the Register of the City of New York, and indexed against such granting lot from which floor area is removed, an instrument removing such floor area and prohibiting construction on such zoning lot of any building or other structure which would contain floor area in excess of that still available to the zoning lot after deducting the floor area removed, such prohibition to be non-cancelable for 99 years; and at the time of the addition of development rights to a receiving lot as provided in Section 91-65, there shall be recorded in the Office of the Register of the City of New York, and indexed against such receiving lot to which floor area is added, an instrument transferring the floor area to the receiving lot benefited and identifying the granting lot (by tax block and lot number and description) from which the floor area has been removed. A certified copy of such instruments shall be submitted to the City Planning Commission upon recordation.

Within the South Street Seaport Subdistrict, the volume situated above the subsurface streets shown on the City Map, and listed in this Section are designated pedestrian ways and are governed by paragraph (b) of the definition of street as set forth in Section 91-62 (Definitions):

(a)        Fulton Street, between Water and South Streets

(b)        Water Street, between Fulton and Beekman Streets

(c)        Front Street, between Fulton and Beekman Streets, and between John and Fulton Streets

(d)        South Street (the 18-foot-wide strip located on the northwesterly side), between Beekman and John Streets.

In addition, the designated pedestrian ways referenced in paragraphs (a), (b) and (c) of this Section may be considered a single zoning lot for purposes of the definition of large-scale general development in Section 12-10 (Definitions).

Within the area bounded by South Street, the southerly edge of Pier 9, the U. S. Pierhead Line and the northerly edge of Pier 14, which, for the requirements of this Section, shall be deemed to be a single zoning lot, the City Planning Commission may, by special permit, permit modification of the bulk regulations, other than floor area ratio applicable to the zoning lot, and may modify or waive the requirements of Section 62-50 (GENERAL REQUIREMENTS FOR VISUAL CORRIDORS AND WATERFRONT PUBLIC ACCESS AREAS), in accordance with the provisions of this Section.

The special permit shall be subject to the condition that the property owner, principal lessee or licensee of property owner has entered into an agreement with the Department of Parks and Recreation to operate and maintain the publicly accessible areas in accordance with Section 62-70 (MAINTENANCE AND OPERATION REQUIREMENTS FOR WATERFRONT PUBLIC ACCESS AREAS). For purposes of this Section, such publicly accessible areas shall be deemed "waterfront public access areas."

In granting any such modifications, the Commission shall find that:

(a)        any modification of height and setback regulations results in an appropriate distribution of permitted bulk on the piers;

(b)        no buildings or other structures shall unduly obstruct the visual corridor bounded by the prolongation of the northern and southern street lines of Wall Street seaward to the U. S. Pierhead Line;

(c)        any modification will not unduly impede surface traffic and will minimize possible vehicular/pedestrian conflicts in the surrounding area;

(d)        that the seaward end of all such piers is unobstructed to the greatest extent feasible so as to maximize views northward and southward;

(e)        the development plan for such area includes an appropriate amount of publicly-accessible open space which shall incorporate appropriate design features that serve the needs of the local area, including but not limited to landscaping, lighting and seating; and

(f)        the development plan is integrated with existing and proposed nearby development.

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

The City Planning Commission may authorize modifications of certain provisions of the former Special Greenwich Street Development District, eliminated on August 27, 1998, that mandated public amenities, as follows:

(a)        For any mandatory or elective public amenities or improvements built pursuant to the regulations of the former Special District that resulted in an increase in the basic maximum floor area ratio or an increase in the adjusted basic maximum floor area ratio, the Commission may authorize:

(1)        the alteration of the amenity or improvement, provided that the Commission finds that such modifications improve the intended public purpose of the amenity;

(2)        the elimination of the amenity or improvement, provided that the Commission finds that the intended public purpose is no longer useful or desirable and a new public amenity or improvement is supplied, as permitted pursuant to this Chapter, that generates the same or higher amount of bonusable floor area; or

(3)        in the case of an amenity or improvement built in excess of the requirements necessary to generate the bonus floor area at the time of development or enlargement, the elimination of such portion of the amenity not tied to the bonus floor area, provided that the Commission finds that such portion is no longer useful or desirable.

(b)        For any mandatory or elective public amenities or improvements built pursuant to the regulations of the former Special District that did not result in an increase in the basic maximum floor area ratio, the Commission may authorize the elimination or alteration of the amenity or improvement if it finds that the intended public purpose is no longer useful or desirable.

(c)        No mandatory or elective public amenity or improvement built pursuant to the regulations of the former Special District shall be eliminated or reduced in size, without a corresponding reduction in the floor area of the building or the substitution of equivalent complying area for such amenity elsewhere on the zoning lot, in accordance with the provisions of paragraph (a)(2) of this Section, except by special permit of the Commission, subject to a finding that the proposed change will provide a greater public benefit in light of the public amenity's purpose and the purposes of the Special Lower Manhattan District.

However, the open pedestrian bridge spanning Greenwich Street between Liberty and Cedar Streets may be eliminated, without recourse to the Commission, where the pedestrian access provided between the required elevated public pedestrian circulation systems is no longer useful or desired.

The Commission may prescribe appropriate conditions and safeguards in connection with the grant of such authorization.

The City Planning Commission, by special permit, may allow:

(a)        the unmapped air space above the approaches to the Brooklyn Battery Tunnel to be considered a single zoning lot and may allow the development or enlargement of a building on such unmapped air space, where the zoning lot for such development or enlargement shall include only that portion of the area above the approaches to the Brooklyn Battery Tunnel and contiguous areas of land or property that are covered by a permanent platform and not designated as approaches to the Brooklyn Battery Tunnel.

(b)        the unmapped air space above the approaches to the Brooklyn Battery Tunnel, the unmapped air space above Joseph P. Ward Street and the at-grade parcels bounding the northern street line of Joseph P. Ward Street to be deemed a single zoning lot, and in connection therewith:

(1)        such zoning lot shall generate floor area only from such at-grade parcels and only those portions of the unmapped air space above the approaches to the Brooklyn Battery Tunnel covered by a permanent platform or building existing on November 15, 2007;

(2)        no floor area shall be generated from the unmapped air space above Joseph P. Ward Street; and

(3)        unused floor area generated from those portions of the unmapped air space above the approaches to the Brooklyn Battery Tunnel covered by a permanent platform or building existing on November 15, 2007, shall only be located on the at-grade parcels bounding the northern street line of Joseph P. Ward Street and shall only be used for residential floor area.

Notwithstanding any of the foregoing, the use and occupancy of the unmapped air space above the approaches to the Brooklyn Battery Tunnel and of the at-grade parcel bounding the northern street line of Joseph P. Ward Street and shown on the City Map, as amended October 3, 1946, as an approach to the Brooklyn Battery Tunnel by the New York State Triborough Bridge and Tunnel Authority, may be continued and in effect as set forth in Resolutions of the former New York City Board of Estimate and as otherwise permitted by law.

The at-grade parcels of the zoning lot bounding the northern street line of Joseph P. Ward Street shall be considered a through lot bounded by Washington Street and West Street from its lowest level to the sky, and only such at-grade parcels shall be used to determine compliance with applicable bulk regulations other than floor area and lot area regulations.

For purposes of this paragraph, (b), the at-grade parcels bounding the northern street line of Joseph P. Ward Street shall mean:

the at-grade parcel bounding the northern street line of Joseph P. Ward Street and shown on the City Map, as amended October 3, 1946, as an approach to the Brooklyn Battery Tunnel; and

the at-grade parcel bounding the northern line of said parcel.

In order to grant such special permit, the Commission shall find that adequate access and street frontage to one or more streets is provided; and the streetscape, site design and location of building entrances of the proposed development or enlargement will contribute to the overall improvement of pedestrian circulation within the surrounding area.

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

A zoning lot containing a development, or portion thereof, on a waterfront zoning lot, may be located within the volume above the upper limiting plane of the Battery Park Underpass/South Street, when such volume is eliminated, discontinued and closed. That portion of the zoning lot that lies above the Battery Park Underpass/South Street shall not be considered lot area for the purpose of computing maximum floor area; however, such portion shall be considered lot area for all other purposes of this Resolution.

The provisions of Article III, Chapter 7 restricting the temporary placement or storage of event-related amenities or equipment within a publicly accessible open area or arcade shall be modified by the provisions of this Section. The temporary placement or storage of event-related equipment or amenities in accordance with the provisions of this Section shall not constitute a design change pursuant to the provisions of Sections 37-625 or 91-837.

Events including, but not limited to, farmers’ markets, holiday markets, concerts and performances, art and cultural exhibitions and festivals are permitted within all publicly accessible open areas and arcades. The utilization of a publicly accessible open area or arcade for the promotion of products or services shall not itself qualify as an event permitted under this Section.

Events shall be open to the public, provide free and unticketed admission and only be permitted to use amplified sound between the hours of 9:00 a.m. and 10:00 p.m. All publicly accessible open areas and arcades shall continue to be publicly accessible at all times. Event-related amenities and equipment shall be considered temporary permitted obstructions provided that sufficient circulation space connecting all streets and building entrances exists. All publicly accessible open areas and arcades shall be restored to their approved condition within 24 hours of the conclusion of an event.

The storage of equipment or materials outside of an event’s scheduled hours, excluding time required for set up and clean up, shall not be permitted within a publicly accessible open area or arcade. However, for events taking place over multiple days or weeks, large temporary equipment that requires assembly and will be actively used during the event, such as stages, kiosks and sound and video entertainment systems, may remain in the publicly accessible open area or arcade outside of the event’s scheduled hours.

At least 30 days prior to the scheduled date of an event, notification shall be given to the local Community Board, local Council Member and Borough President of the nature, size and duration of the event.

The provisions of Article III, Chapter 7 restricting the placement of tables, chairs, shade umbrellas and heating lamps within a publicly accessible open area or arcade shall be modified by the provisions of this Section. The placement of tables, chairs, shade umbrellas or heating lamps in accordance with the provisions of this Section, inclusive, shall not constitute a design change pursuant to the provisions of Sections 37-625 or 91-837.

Publicly accessible tables and chairs, as well as shade umbrellas and heating lamps, shall be permitted obstructions within a publicly accessible open area or arcade, provided that such obstructions comply with the provisions of Section 91-822 (Requirements for furnishings), as applicable. Tables, chairs, shade umbrellas and heating lamps provided pursuant to this Section may be used by the public without restriction. Outdoor cafes may be placed within an arcade by certification pursuant to Section 91-821 (Certification for outdoor cafes within arcades).

A horizontal enlargement of the ground floor and second floor levels within an arcade located within Area A on Map 9 in Appendix A of this Chapter may be permitted upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings that such enlargement complies with the provisions of this Section, and the following conditions are met:

(a)        the horizontal enlargement meets the requirements of Section 91-831 (Ground floor requirements);

(b)        a compensating amenity is provided pursuant to the provisions of Section 91-832 for plaza improvements, Section 91-834 for indoor public spaces, or Section 91-835 for alternative improvements; and

(c)        the additional requirements of Section 91-836, as applicable.

For zoning lots with one or more publicly accessible open area, unless an alternative improvement has been identified in Section 91-835, an improvement to all publicly accessible open areas pursuant to the provisions of Section 91-832 shall be required as the compensating amenity required by condition (b) of this Section, and a certification for design changes pursuant to Section 37-625 shall not be required. Where a publicly accessible open area was improved and is fully compliant with a prior certification pursuant to Section 37-625 that was granted before January 19, 2016, the further improvement of such publicly accessible open area shall not be required.

The provision of a compensating amenity as part of a prior certification pursuant to this Section or a prior authorization pursuant to Section 91-841 (Authorization for retail uses within existing arcades) may satisfy the requirements of condition (b) of this Section for a compensating amenity.

As part of the certification, a horizontal enlargement of the ground floor level may be permitted within the area between a street wall and an arcade that did not generate a floor area bonus prior to June 21, 2016. The provisions of Section 91-831 (Ground floor requirements) shall not apply to such portion of the horizontal enlargement.

As part of the certification, a horizontal enlargement of the ground floor level may be permitted along existing building walls that do not face an arcade, and such enlargement shall not occupy any publicly accessible open area. The locational requirements of paragraph (a)(1) of Section 91-831 and the frontage prohibitions of paragraph (b)(1)(ii) of Section 91-831 shall apply to such enlargement. Where an enlargement is located adjacent to a publicly accessible open area, the use and transparency requirements of Section 91-831 for new building walls facing a publicly accessible open area shall apply.

For a horizontal enlargement of 7,500 square feet or greater, a special permit pursuant to Section 91-85 shall also be required. For the purposes of calculating the total area of the horizontal enlargement that is subject to the special permit, the aggregate area of the horizontal enlargement permitted by prior certifications pursuant to this Section and Section 91-837 (Subsequent design changes) and prior authorizations pursuant to Section 91-841 shall be included in such calculation, except the area of an indoor public space shall be excluded from such calculation.

Where any portion of the arcade remains open and accessible, such remaining arcade area shall maintain a minimum level of illumination of not less than five horizontal foot candles between sunset and sunrise. Any non-transparent portion of a building wall between columns that fronts on such arcade area shall be treated with artwork, planting or decorative material. Additional requirements for transparency in paragraph (c)(3) of Section 91-831 may apply.

In addition to any certification pursuant to Section 91-83 (Retail Uses Within Existing Arcades), inclusive, or an authorization pursuant to Section 91-841 (Authorization for retail uses within existing arcades), the City Planning Commission may permit a horizontal enlargement of 7,500 square feet or greater within Areas A or B on Map 9 in Appendix A of this Chapter, provided that the Commission finds that the public amenity or improvement that is provided on the zoning lot is of equal or greater benefit to the public than the arcade to be eliminated or reduced.