88-13 Commercial Use
The commercial use regulations applicable in M1 Districts shall apply in the Special Hudson Square District, except that:
(a) food stores, including supermarkets, grocery stores or delicatessen stores, shall not be limited as to the size of the establishment;
(b) uses listed in Use Group 6A, other than food stores, and Use Groups 6C, pursuant to Section 42-13, 6E, 10 and 12B, shall be limited to 10,000 square feet of floor area at the ground floor level, per establishment. Portions of such establishments located above or below ground floor level shall not be limited in size;
(c) ground floor commercial uses shall be subject to special streetscape provisions set forth in Section 88-131;
(d) commercial uses permitted in M1 Districts shall be subject to the modifications set forth in Section 123-22 (Modification of Use Groups 16, 17 and 18), inclusive;
(e) transient hotels shall be allowed, except that:
(1) development or enlargement of transient hotels with greater than 100 sleeping units on zoning lots where residential use is permitted as-of-right, in accordance with paragraph (a) of Section 88-11, shall only be allowed upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings that the residential development goal has been met for the Special Hudson Square District as set forth in this paragraph (e)(1), or, where such residential development goal has not been met, by special permit pursuant to Section 88-132 (Special permit for large transient hotels).
The residential development goal shall be met when at least 2,255 dwelling units, permitted pursuant to the provisions of Section 88-11, within the Special Hudson Square District, have received temporary or final certificates of occupancy subsequent to March 20, 2013; and
(2) a change of use within a qualifying building to a transient hotel with greater than 100 sleeping units shall only be allowed by special permit, pursuant to Section 88-132; and
(f) eating or drinking establishments with entertainment and a capacity of more than 200 persons, or establishments of any capacity with dancing, are permitted only by special permit of the Board of Standards and Appeals, pursuant to Section 73-244.
For zoning lots with street frontage of 50 feet or more, the location of certain uses shall be subject to the following use requirements.
For the purposes of applying the special ground floor level streetscape provisions set forth in Section 37-30 to this Section, all zoning lots with a street frontage of 50 feet or more shall be considered primary street frontages, as defined in Section 37-311.
(a) For uses located on the ground floor or within five feet of curb level, uses limited to Use Groups 6A, 6C, 7B, 8A, 8B, 9A, 10A, 12A and 12B, shall extend along a minimum of 50 percent of the width of the street frontage of the zoning lot, and shall comply with the minimum depth provisions of Section 37-32 (Ground Floor Depth Requirements for Certain Uses).
(b) The remainder of the street frontage of the zoning lot may be occupied by any permitted uses, lobbies or entrances to parking spaces, except that lobbies shall comply with the standards for Type 2 lobbies set forth in Section 37-33 (Maximum Width of Certain Uses).
(c) In Subdistrict A of this Chapter, for portions of a building bounding a public park, the ground floor use requirements of paragraph (a) of this Section shall apply to 100 percent of the width of the street frontage of the zoning lot, and residential lobbies and schools shall be permitted uses on the ground floor for purposes of compliance with paragraph (a).
For zoning lots with street frontage of less than 50 feet, no special ground floor use requirements shall apply.
Enclosed parking spaces, or parking spaces covered by a building, including such spaces accessory to residences, shall be permitted to occupy the ground floor, provided they are wrapped by floor area or screened in accordance with the provisions set forth in Section 37-35 (Parking Wrap and Screening Requirements).
Any ground floor street wall of a development or enlargement that contains uses listed in Use Groups 1 through 15, not including dwelling units, shall be glazed in accordance with the provisions set forth in Section 37-34 (Minimum Transparency Requirements).
(a) Developments or enlargements
In the Special Hudson Square District, prior to the residential development goal set forth in paragraph (e) of Section 88-13 (Commercial Use) having been achieved, the City Planning Commission may permit developments or enlargements of transient hotels with greater than 100 sleeping units on zoning lots where residential use is permitted as-of-right, in accordance with paragraph (a) of Section 88-11, provided the Commission finds that:
(1) sufficient development sites are available in the area to meet the residential development goal; or
(2) a harmonious mix of residential and non-residential uses has been established in the surrounding area, and such transient hotel resulting from a development or enlargement is consistent with the character of such surrounding area.
(b) Changes of use
In the Special Hudson Square District, the City Planning Commission may permit the change of use of floor area within qualifying buildings to a Use Group 5 transient hotel with greater than 100 sleeping units provided that, at minimum, the amount of floor area changed to such transient hotel is:
(1) preserved for Use Group 6B office use within a qualifying building located within the Special Hudson Square District; or
(2) created for Use Group 6B office use within a building developed after March 20, 2013, or within the enlarged portion of a building, where such enlargement was constructed within one year of the date an application pursuant to this Section is filed with the Department of City Planning (DCP). Such developed or enlarged buildings may be located anywhere within the Special Hudson Square District, and shall have either temporary or final certificates of occupancy for Use Group 6B office use.
In order to permit such change of use, the Commission shall find that the proposed transient hotel is so located as not to impair the essential character, or the future use or development, of the surrounding area.
A restrictive declaration acceptable to the DCP shall be executed and recorded, binding the owners, successors and assigns to preserve an amount of Use Group 6B office use within a qualifying building, or created within a development or enlargement, as applicable. 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 in use from Use Group 6B office use to any other use.
The Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the surrounding area.