91-60 Regulations for the South Street Seaport Subdistrict
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.
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.
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.
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.
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, 8, 15, 16, 20, 21 and 22.
(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, for any zoning lot located in a C6-2A District, the underlying height and setback regulations shall apply, except the maximum building height shall be 120 feet. No minimum base height shall apply, and the depth of a required setback along a narrow street shall be at least 10 feet. No lot coverage regulations shall apply to corner lots. Furthermore, the provisions of Article II, Chapter 8 (The Quality Housing Program), shall not apply.
In the South Street Seaport Subdistrict, the City Planning Commission may authorize:
(a) the alteration of any public amenity, open or enclosed, for which a floor area bonus has been granted, provided that the Commission finds that such modifications improve the intended public purpose of the amenity; or
(b) the elimination or reduction of an existing public amenity, open or enclosed, for which a floor area bonus has been granted, provided that a new or improved public amenity, open or enclosed, is supplied elsewhere on, or within proximity to, the zoning lot, and the Commission finds that:
(1) the public amenity to be eliminated no longer serves its original purpose; and
(2) the proposed new or improved public amenity will provide a greater public benefit than the amenity to be eliminated or reduced and will better serve the purposes of the Special Lower Manhattan District; and
(c) the modification of the applicable height, setback, lot coverage and distance between buildings requirements for any development or enlargement on a designated receiving lot that will incorporate transferred development rights, provided the Commission finds that the modifications:
(1) provide an appropriate distribution of bulk on the zoning lot;
(2) permit adequate light and air to the development or enlargement and adjoining properties as well as the surrounding streets; and
(3) will not impair the use and desirability of any public amenity that may be created or improved under the provisions of paragraph (b) of this Section.
If a receiving lot contains an existing building, such authorization shall incorporate any previous height and setback or other bulk modifications, granted prior to December 11, 2001, by the Board of Standards and Appeals, for such existing building.
The Commission may prescribe appropriate conditions and safeguards in connection with the grant of such authorization.
Within the South Street Seaport Subdistrict, the City Planning Commission may modify, by special permit, the height and setback and lot coverage regulations of Section 91-30, provided that:
(a) either of the following conditions have been met:
(1) that the developer has obtained negative easements limiting the height of future development or enlargement to 85 feet or less on any adjoining zoning lots which are contiguous or would be contiguous to said zoning lot but for their separation by a street or street intersection, and such easements are recorded against such adjoining zoning lots by deed or written instrument. The Commission shall consider the aggregated areas of said zoning lot and the adjoining lots subject to such negative easements and the extent to which they achieve future assurance of light and air in determining the maximum permitted coverage. In no event shall such coverage exceed 80 percent of the zoning lot on which the development or enlargement will be located; or
(2) that the lot coverage for that portion of a development or enlargement below 300 feet may be increased to a maximum of 80 percent when additional development rights have been purchased and converted to increased lot coverage. The maximum percentage of lot coverage on such receiving lot shall be the sum of 65 percent plus one-half of one percent for every .10 by which the total floor area ratio on such receiving lot would exceed a floor area ratio of 21.6, provided that the development or enlargement on such receiving lot has achieved a minimum floor area ratio of 18.0;
(b) In order to grant such special permit, the Commission shall make the following findings:
(1) the location of the development or enlargement and the distribution of bulk will permit adequate light and air to surrounding streets and properties;
(2) any modification of height and setback will provide for better distribution of bulk on the zoning lot; and
(3) such special permit will aid in achieving the general purposes and intent of the Subdistrict.
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.
For any zoning lot which was the subject of application N130058 ZCM, the hours of operation set forth in paragraph (a) of Section 62-71 (Operational Requirements) may be extended to allow public access up to 24 hours per day, and the provisions of paragraph (a)(3) of Section 62-654 (Signage) shall be modified to require any such extended hours of public access, as may change over time, to be included on the required signage. The provisions of paragraph (a)(4) of Section 62-654 shall not apply where 24 hour access is allowed. The provisions of paragraph (b) of Section 62-71 requiring rules of conduct for the waterfront public access area to be established with the Department of Parks and Recreation, and other provisions of this Chapter requiring a maintenance and operation agreement pursuant to Section 62-74 (Requirements for Recordation), shall not apply so long as a legal instrument acceptable to the Chairperson, in all other respects consistent with the provisions of Section 62-74, has been executed and recorded, setting forth rules of conduct and maintenance and operations requirements.