96-20 Perimeter Area
Developments or enlargements within the Perimeter Area shall be eligible for increased floor area only pursuant to Sections 96-21 (Special Regulations for 42nd Street Perimeter Area) or 96-22 (Special Regulations for Eighth Avenue Perimeter Area). Because of increased pressures for development, the relocation and demolition provisions of Section 96-24 (Relocation and Demolition of Buildings in the Perimeter Area) shall apply therein for all demolition, development, enlargement or extensions on lots containing residential uses. All existing legal uses in enclosed buildings shall be considered conforming uses. Except as otherwise provided in this Chapter, any existing commercial or manufacturing uses may be changed to another non-conforming use only in accordance with the provisions of Sections 52-31 (General Provisions), 52-33 (Manufacturing or Related Uses in Residence Districts), 52-34 (Commercial Uses in Residence Districts), 52-35 (Manufacturing or Related Uses in Commercial Districts) and 52-36 (Non-conforming Commercial Uses in Commercial Districts).
The provisions of this Section shall apply in all Commercial Districts within the area bounded by the following:
Starting 150 feet west of Eighth Avenue, south to the southern boundary of West 41st Street, west to the east side of Twelfth Avenue, north along the eastern border of Twelfth Avenue to 43rd Street, east on West 43rd Street to the eastern side of Tenth Avenue, south along Tenth Avenue to the southern boundary of West 42nd Street, east on West 42nd Street to Ninth Avenue, north along the western boundary of Ninth Avenue to the midblock of 42nd/43rd Street, east to a point 150 feet west of Eighth Avenue, south to the southerly boundary of 41st Street.
(a) Special use regulations
In the 42nd Street Perimeter Area, as shown in Appendix A of this Chapter, the following special use regulations shall apply:
Any development or enlargement that includes Use Group 6B offices developed or enlarged after January 19, 2005, shall be permitted only pursuant to Section 93-13 (Special Office Use Regulations).
(2) Automobile showrooms and repairs
In Subarea 1, on the block bounded by Twelfth Avenue, West 43rd Street, Eleventh Avenue and West 42nd Street, automobile showrooms or sales, with vehicle storage, preparation of automobiles for delivery, and automobile repairs may be permitted within a completely enclosed building, below the level of any floor occupied by dwelling units, provided that:
(i) access for automobiles to the portions of the building to be used for vehicle storage, preparation of automobiles for delivery, and automobile repairs shall be located on West 43rd Street;
(ii) areas within the building used for vehicle storage, preparation of automobiles for delivery, or automobile repairs shall not be used for accessory parking for other uses on the zoning lot; except that such areas may be accessed from a curb cut, vehicular ramp, or vehicle elevator that also serves an accessory group parking facility; and
(iii) the portions of the building used for the preparation of automobiles for delivery and automobile repairs shall be located entirely in a cellar level.
(b) Floor area regulations
(1) Floor area regulations in Subarea 1
In Subarea 1 of the 42nd Street Perimeter Area as shown in Appendix A, the basic floor area ratio on a zoning lot shall be 10.0, and may be increased to a maximum of 12.0 only in accordance with the provisions of Section 23-154 (Inclusionary Housing), except that any units for which a floor area increase has been earned, pursuant to Section 23-154 shall be within the Special Clinton District.
(2) Floor area regulations in Subarea 2
In Subarea 2 of the 42nd Street Perimeter Area, as shown in Appendix A, the basic floor area ratio on a zoning lot shall be 10.0. However, the floor area ratio on a zoning lot containing residential use may exceed 10.0 to a maximum of 12.0 only in accordance with the provisions of Section 23-154, except that any units for which a floor area increase has been earned pursuant to Section 23-154 shall be within the Special Clinton District. For zoning lots containing developments or enlargements that have fully utilized the Inclusionary Housing Program, the maximum permitted floor area ratio may be increased from 12.0 to 15.0 for new legitimate theater use in accordance with the provisions of Section 96-25 (Floor Area Bonus for New Theater Use).
Any development or enlargement on a zoning lot that includes the area bounded by a line 129 feet east of and parallel to Tenth Avenue, West 42nd Street, a line 184 feet east of and parallel to Tenth Avenue, and a line 50 feet south of and parallel to West 42nd Street shall provide an easement or other agreement for public access to the subway mezzanine or station, as illustrated on the District Map in Appendix A of this Chapter.
An instrument establishing such transit easement or other agreement shall be filed and duly recorded in the Borough Office of the City Register of the City of New York, and indexed against the property.
Floor space within the volume governed by such transit easement or other agreement shall be excluded from the definition of floor area, and may be temporarily used by the owner of the zoning lot for any permitted uses until such time as required by the Metropolitan Transportation Authority or by its designee for subway purposes. Improvements or construction of a temporary nature within the volume governed by such transit easement or other agreement for such temporary uses shall be removed by the owner of the zoning lot prior to the time at which public use of the volume area is required. A minimum notice of six months in writing shall be given by the Metropolitan Transportation Authority to the owner of the zoning lot in order to vacate the tenants of such temporary uses.
The provisions of paragraph (b) of Section 93-65 (Transit Facilities) shall apply to any subway-related uses consisting of ventilation facilities and other facilities or services used or required in connection with the operation of a subway line or station on the tax lot located at Block 1051, Lot 2, existing on October 27, 2010, up to a height of 73 feet, as illustrated on the District Map in Appendix A of this Chapter.
(3) Additional regulations for Subareas 1 and 2
In Subareas 1 and 2, for zoning lots containing a building that is developed or enlarged pursuant to the applicable tower regulations of Section 35-64 (Special Tower Regulations for Mixed Buildings), the provisions of paragraph (a)(2) of Section 23-16 (Special Floor Area and Lot Coverage Provisions for Certain Areas) shall apply:
(i) to only the residential portion of a building where less than 75 percent of the total floor area of such building is allocated to residential use; and
(ii) to the entire building where 75 percent or more of the total floor area of such building is allocated to residential use.
(c) Retail continuity requirements
For buildings developed or portions of buildings enlarged after August 17, 1990, where the ground floor level of such development or the enlarged portion of the building fronts upon West 42nd Street, between Ninth and Twelfth Avenues:
(1) at least 50 percent of the street frontage of stories that have a floor level within five feet of curb level shall be limited to Use Groups 4A, 6A, 6C, 10A, 11, 12A and 12B; and
(2) the length of the facade of such street wall fronting on West 42nd Street shall be glazed in accordance with the provisions of Section 37-34 (Minimum Transparency Requirements).
(d) Street wall continuity requirements
(1) At least 80 percent of the aggregate width of street walls of a building fronting on West 42nd Street, up to a height of 45 feet, shall be located within 10 feet of the street line of such street.
(2) The minimum height of the street wall of a building above curb level shall be no less than 45 feet, or the height of the building, whichever is less, and no more than 85 feet. Above this required height, the street wall of a building shall set back at least five feet. The requirements of this paragraph shall also apply to any building on a wide street frontage within a distance of 50 feet from its intersection with West 42nd Street.
(e) Pedestrian circulation space
Within Subarea 2 of the 42nd Street Perimeter Area, as shown in Appendix A, pedestrian circulation space shall be provided in accordance with the provisions of Section 37-50. In addition, for developments or enlargements that provide subway entranceways constructed after December 21, 2005, one and one-half times the area of such entranceway accessible to the public at street level may qualify as pedestrian circulation space, up to a maximum amount of 3,000 square feet.
(f) Special curb cut and parking provisions
No curb cuts shall be permitted on 42nd Street. The parking provisions of the Special Hudson Yards District shall apply within the 42nd Street Perimeter Area, as set forth in Section 93-80 (OFF-STREET PARKING REGULATIONS), except that such parking provisions shall not apply to any development or enlargement for which a special permit was granted prior to January 19, 2005.
Any development or enlargement for which a building permit has been lawfully issued prior to December 31, 2004, shall comply with either the parking regulations in effect at the time the permit was issued, or the provisions of this paragraph (f).
For zoning lots, or portions thereof, located in an area bounded by a line 150 feet west of Eighth Avenue, West 56th Street, Eighth Avenue and West 45th Street, excluding such area between West 49th and West 50th Streets, the floor area ratio permitted by the underlying district may be increased from 10.0 to 12.0 only pursuant to Section 23-90 (INCLUSIONARY HOUSING), except that any units for which a floor area increase has been earned pursuant to Section 23-90 shall be within the Special Clinton District.
All developments or enlargements located in an area bounded by a line 150 feet west of Eighth Avenue, West 45th Street, Eighth Avenue and West 42nd Street shall comply with special regulations set forth in Article VIII, Chapter 1 (Special Midtown District), including Sections 81-21 (Floor Area Ratio Regulations) and 81-70 (SPECIAL REGULATIONS FOR THEATER SUBDISTRICT). For developments or enlargements that utilize a floor area increase pursuant to the Inclusionary Housing Program of Section 23-90, any units for which a floor area increase has been earned shall be within the Special Clinton District.
Except within the Eighth Avenue Perimeter Area set forth in Section 96-22, the City Planning Commission, by special permit, may permit modification of height and setback regulations for developments or enlargements which have generated an increase in the floor area ratio of not more than 2.0 under the provisions of Section 96-21 (Special Regulations for 42nd Street Perimeter Area), provided that such modification is necessary to achieve better site planning.
The Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the surrounding area.
Prior to the issuance by the Department of Buildings of a demolition permit or a permit for any development, enlargement or extension on any zoning lot containing residential uses within the Perimeter Area, the Department of Housing Preservation and Development shall certify to the Department of Buildings:
(a) that prior to evicting or otherwise terminating the occupancy of any tenant in connection with vacating any building, the developer shall have notified the Department of Housing Preservation and Development of plans for the relocation of tenants which shall:
(1) to the extent possible provide for the relocation of tenants within the Clinton District; and
(2) provide for the satisfaction of all the requirements for the issuance of a certificate of eviction under applicable rent control and rent stabilization regulations of the State of New York; and
(b) that the developer has complied with the relocation plan submitted pursuant to paragraph (a) of this Section and that the Department of Housing Preservation and Development has issued a certification of no harassment, or that the owner has complied with paragraph (d) of Section 96-110.