For the purposes of this Chapter, matter in italics is defined in Sections 12-10, 32-301 or within this Section.

Qualifying building

For the purposes of this Chapter, a “qualifying building” shall be any building that contained at least 70,000 square feet of floor area on March 20, 2013.

In harmony with the general purposes and intent of this Resolution and the general purposes of the Special Hudson Square District, the provisions of this Chapter shall apply within the Special Hudson Square 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 The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter.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, 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.

The regulations of this Chapter are designed to implement the Special Hudson Square District Plan. The District Plan includes the map, “Special Hudson Square 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 purposes and provisions of this Chapter, Subdistrict A is established. The Subdistrict is specified on the map in the Appendix to this Chapter.

Residential use shall be permitted in accordance with the provisions of this Section.

(a)        Residential use as-of-right

Residential use shall be permitted as-of-right on any zoning lot that, on March 20, 2013, was not occupied by a qualifying building. As a condition to receiving a building permit, such absence of a qualifying building on the zoning lot must be demonstrated to the satisfaction of the Department of Buildings.

(b)        Residential use by certification

Residential use shall be permitted on a zoning lot that, on March 20, 2013, was occupied by one or more qualifying buildings, only upon certification by the Chairperson of the City Planning Commission that the zoning lot, as it existed on March 20, 2013, will contain at least the amount of commercial or manufacturing floor area that existed within such qualifying buildings on the zoning lot on March 20, 2013, subject to the following:

(1)        commercial or manufacturing floor area that is preserved within existing non-qualifying buildings on the zoning lot through restrictive declaration may count towards meeting the requirements of this certification; and

(2)        floor area from community facility uses with sleeping accommodations shall not count towards meeting the requirements of this certification.

However, commercial or manufacturing floor area converted to residential vertical circulation space and lobby space need not be replaced as commercial or manufacturing floor area.

A restrictive declaration acceptable to the Department of City Planning shall be executed and recorded, binding the owners, successors and assigns to maintain the amount of commercial or manufacturing floor area that existed within such qualifying buildings on March 20, 2013, on the zoning lot. Such restrictive declaration shall be recorded in the Office of the City Register. A copy of such declaration shall be provided to the Department of Buildings upon application for any building permit related to a change of use from commercial or manufacturing to residential, or for any development containing residences.

The community facility use regulations for Use Group III that are applicable in M1 Districts shall not apply in the Special Hudson Square District. In lieu thereof, all uses listed under Use Group III shall be permitted, except that those listed under Use Group III(A) shall only be permitted in accordance with paragraphs (a) or (b) of this Section, as applicable.

1. Community facilities with sleeping accommodations shall be permitted as-of-right on any zoning lot that, on March 20, 2013, was not occupied by a qualifying building. As a condition to receiving a building permit, such absence of a qualifying building on the zoning lot shall be demonstrated to the satisfaction of the Department of Buildings.
2. Community facilities with sleeping accommodations shall be permitted on a zoning lot that, on March 20, 2013, was occupied by one or more qualifying buildings, only upon certification by the Chairperson of the City Planning Commission that the zoning lot will contain at least the amount of commercial or manufacturing floor area that existed within qualifying buildings on the zoning lot on March 20, 2013, subject to the following:
   1. commercial or manufacturing floor area that is preserved within existing non-qualifying buildings on the zoning lot through restrictive declaration may count towards meeting the requirements of this certification; and
   2. floor area from community facility uses with sleeping accommodations shall not count towards meeting the requirements of this certification.

However, commercial or manufacturing floor area converted to vertical circulation and lobby space associated with a community facility with sleeping accommodations need not be replaced as commercial or manufacturing floor area.

A restrictive declaration acceptable to the Department of City Planning shall be executed and recorded, binding the owners, successors and assigns to maintain the amount of commercial or manufacturing floor area that existed within such qualifying buildings on March 20, 2013, on the zoning lot. Such restrictive declaration shall be recorded in the Office of the City Register. A copy of such declaration shall be provided to the Department of Buildings upon application for any building permit related to a change of use from commercial or manufacturing to community facility uses with sleeping accommodations, or for any development containing community facility uses with sleeping accommodations.

The commercial use regulations applicable in M1 Districts shall apply in the Special Hudson Square District, except that:

1. uses listed under Food and Beverage Retailers in Use Group VI shall not be limited as to the size of the establishment;
2. other uses listed under Use Group VI, as well as uses listed under Use Group VIII shall be limited to a size of 10,000 square feet on the ground floor level of floor area per establishment; 
3. commercial uses permitted in M1 Districts shall be subject to the modifications set forth in Section 123-22 (Additional Conditions for Certain Uses), inclusive;
4. transient hotels listed under Use Group V shall be subject to the provisions of Section 32-153 (Use Group V – uses subject to additional conditions) applicable to a C7 District; and
5. eating or drinking establishments listed under Use Group VI, where such establishment provides entertainment with a cover charge or specified showtime, or includes a dance floor, shall be limited to a capacity of 200 persons or fewer. A capacity of more than 200 persons may be permitted by the Board of Standards and Appeals pursuant to Section 73-162 (Eating or drinking establishments).

In the Special Hudson Square District, manufacturing uses permitted in M1 Districts shall be subject to the modifications set forth in Section 123-22 (Additional conditions for certain uses), inclusive.

Except in Subdistrict A of this Chapter, the maximum floor area ratio for zoning lots that do not contain residences shall be 10.0.

The maximum base floor area ratio for zoning lots that contain residences shall be 9.0 plus an amount equal to 0.25 times the non-residential floor area ratio provided on the zoning lot, provided that such base floor area ratio does not exceed 10.0. Such floor area ratio may be increased to a maximum of 12.0 only as set forth in Section 88-32 (Inclusionary Housing).

For any 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 zoning lots that contain residences, such bonus may be applied separately or in combination with the floor area provisions of Section 88-32. No other floor area bonuses shall apply. For the purposes of this paragraph, defined terms additionally include those in Section 66-11 (Definitions).

The Special Hudson Square District, except Subdistrict A, shall be an Inclusionary Housing designated area, and the provisions of Section 23-90 (INCLUSIONARY HOUSING) applicable to R10 Districts shall apply.

In the Special Hudson Square District, the height and setback regulations of the underlying districts shall not apply. In lieu thereof, the provisions of this Section shall apply to all buildings.

1. Permitted obstructions
   
   The provisions of Section 33-42 shall apply to all buildings. n addition, dormers may penetrate a maximum base height provided that such dormers comply with the provisions of paragraph (c) of Section 23-632 (Permitted obstructions in certain districts).
2. Height and setback
   1. Street wall location
      
      On wide streets, and on narrow streets within 50 feet of their intersection with a wide street, the street wall shall be located on the street line and extend along the entire street frontage of the zoning lot up to the minimum base height or the height of the building, whichever is less. On narrow streets beyond 50 feet of their intersection with a wide street, the street wall shall be located on the street line. For the purposes of this paragraph (b), portions of street walls located up to 18 inches from a street line shall be considered to be located on the street line where a vertical element of such street wall is located on the street line and rises without setback from ground level to the top of the second story at intervals of at least once every 15 feet in plan and, above the level of the second story, where a vertical element rises without setback to the applicable minimum base height at an interval of at least once every 30 feet in plan.
      
      On the ground floor, recesses shall be permitted where required to provide access to the building, provided such recesses do not exceed three feet in depth as measured from the street line.
      
      Above the level of the ground floor, recesses shall be permitted beyond 20 feet of an adjacent building and beyond 30 feet of the intersection of two street lines, as follows:
      1. Along wide streets
         
         Recesses shall be provided at the level of each story entirely above a height of 60 feet, up to the maximum base height of the building. Such recesses shall have a minimum depth of five feet and a width between 10 and 40 percent of the aggregate width of street wall of the building at the level of any story.
      2. Along narrow streets
         
         Above the level of the second story, recesses in street walls deeper than 18 inches shall be permitted. Such recesses may not exceed 30 percent of the aggregate width of street wall of the building at the level of any story.
   2. Base height
      1. Along wide streets
         
         On wide streets, and on narrow streets within 50 feet of their intersection with a wide street, the street wall of a building shall rise without setback to a minimum base height of 125 feet and a maximum base height of 155 feet.
      2. Along narrow streets
         
         On narrow streets, beyond 50 feet of their intersection with a wide street, the street wall of a building shall rise without setback to a minimum base height of 60 feet, or the height of the building, whichever is less, up to a maximum base height of 135 feet.  However, for buildings on zoning lots meeting the 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), the maximum base height may be increased to 155 feet.
         
         As an alternative, the minimum and maximum base heights applicable to a wide street may apply along a narrow street to a distance of 100 feet from its intersection with a wide street.
   3. Required setbacks and maximum building heights
      1. Along wide streets
         
         For buildings, or portions thereof, located on wide streets, and on narrow streets within 100 feet from their intersection with a wide street, the portion of such building above the maximum base height set forth in paragraph (b)(2)(i) of this Section shall be set back from the street wall of the building at least 10 feet along a wide street and at least 15 feet along a narrow street, except such dimensions may include the depth of any permitted recesses in the street wall. The maximum height of such buildings shall be 290 feet. In addition, the gross area of each of either the highest two or three stories of such building located entirely above a height of 230 feet, shall not exceed 80 percent of the gross area of the story directly below such highest two or three stories.
      2. Along narrow streets
         
         For buildings, or portions thereof, located on narrow streets beyond 100 feet from their intersection with a wide street, the portion of such building above the maximum base height set forth in paragraph (b)(2)(i) of this Section shall be set back from the street wall of the building at least 15 feet, except such dimensions may include the depth of any permitted recesses in the street wall.
         
         The maximum height of a building and the maximum number of stories shall be as set forth in Section 23-662 (Maximum height of buildings and setback regulations) for an R10A District on a narrow street. However, for buildings meeting the 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), such maximum heights and number of stories may be increased, provided that the maximum number of stories does not exceed 23, the maximum height of a building with a non-qualifying ground floor does not exceed a height of 230 feet and the maximum height of a building with a qualifying ground floor does not exceed a height of 235 feet.
   4. Maximum length of street wall
      
      The maximum length of any street wall located entirely above a height of 150 feet shall not exceed 150 feet. Such length shall be measured in plan view by inscribing within a rectangle the outermost walls at the level of each story entirely above a level of 150 feet. As an alternative, for street walls facing wide streets that provide vertical articulation, such maximum length may be increased to 175 feet, provided that between 30 and 40 percent of the width of the street wall is recessed at least five feet from all adjacent street walls above a height of 150 feet.
   5. Vertical enlargements
      1. Existing buildings may be vertically enlarged by up to one story or 15 feet without regard to the street wall location requirements of paragraphs (b)(1) and (b)(2) of this Section.
      2. Existing buildings with street walls that rise without setback to a height of at least 80 feet may be vertically enlarged in excess of one story or 15 feet without regard to the street wall location requirements of paragraphs (b)(1) and (b)(2) of this Section, provided such enlarged portion is located at least 10 feet from a wide street and at least 15 feet from a narrow street.

For through lots or through lot portions of zoning lots located beyond 100 feet of a wide street, where the maximum depth of such through lot between narrow streets is 180 feet or less, any required rear yard equivalent shall be provided in accordance with the provisions set forth in Section 23-533 (Required rear yard equivalents for Quality Housing buildings).