Chapter 4 - Special Battery Park City District (BPC)
The "Special Battery Park City District" established in this Resolution is designed to promote and protect public health, safety and general welfare. These general goals include, among others, the following specific purposes:
(a) to strengthen the business core of Lower Manhattan by improving the working environment;
(b) to provide major additional space for expansion of office uses and their ancillary facilities;
(c) to broaden the regional choice of residence by introducing new housing in the vicinity of the major employment center of Lower Manhattan;
(d) to achieve a harmonious visual and functional relationship with adjacent areas;
(e) to create an environment which will be lively and attractive and provide daily amenities and services for the use and enjoyment of the working population and the new residents;
(f) to take maximum advantage of the beauty of the Hudson River waterfront, thereby best serving the downtown business community, the new residential population and providing regional recreation as well; and
(g) to promote the most desirable use of land and direction of building development in the Lower Manhattan area.
For purposes of this Chapter, matter in italics is defined in Section 12-10 (DEFINITIONS), in this Section or Section 84-021 (District Plan). Where matter in italics is defined both in Section 12-10 and in this Chapter, the definitions in this Chapter shall govern.
The "Esplanade" is a public park extending along all waterfront edges of the Special Battery Park City District. The Esplanade is shown in the District Plan in Appendix 1.
Mandatory front building wall lines
"Mandatory front building wall lines" are imaginary lines extending through Zone A and Zone C of the Special Battery Park City District which, except as shown in Appendices 2.1 and 3.1 of this Chapter, coincide with street lines and with which building walls must generally coincide, as provided in Sections 84-132 and 84-332 (Mandatory front building walls).
Special height locations
"Special height locations" are designated areas in Zone A and Zone C of the Special Battery Park City District subject to the regulations in Appendices 2.2 and 3.2 of this Chapter, in accordance with Sections 84-135 and 84-333 (Limited height of buildings).
In harmony with the general purpose and intent of this Resolution and in order to achieve the purpose of the Special Battery Park City District, a special set of regulations is established for the Special Battery Park City District controlling use, bulk, accessory off-street parking facilities and accessory off-street loading facilities. Such regulations are contained in this Chapter and in other provisions of this Resolution incorporated in this Chapter by cross-reference.
The District Plan is set forth in Appendix 1. Each block shall be considered a single zoning lot for the purposes of the Special Battery Park City District.
Appendix 1 (District Plan), Appendix 2 (Zone A South Residential Neighborhood) and Appendix 3 (Zone A North Residential Neighborhood and Zone C) are hereby incorporated as integral parts of the provisions of this Chapter. In the event of an inconsistency or need for clarification between Appendix 1 or Appendix 2 or Appendix 3 and the written specifications in this Chapter, in each such case the written specifications in this Chapter shall govern.
In order to carry out the purposes and provisions of this Chapter, the Special Battery Park City District is divided into three subdistricts: Zone A, Zone B and Zone C. The location and boundaries of the subdistricts are shown on the District Plan in Appendix 1.
The uses permitted shall be constructed and located so that no exhaust vents or chimneys open onto any street or park or onto the Esplanade.
The following uses are permitted only by special permit of the City Planning Commission:
Electrical or gas utility substations, open or enclosed, pursuant to Section 74-61
As a condition precedent to the granting of such special permit, the Commission shall make a finding that such use is located so as to minimize adverse effects on existing or future development in nearby areas or on the use or enjoyment of the Esplanade or other public facilities.
The following uses are permitted only by special permit of the Board of Standards and Appeals:
Electrical or gas utility substations, open or enclosed, pursuant to Section 73-14
Public utility stations for oil or gas metering or regulating, pursuant to Section 73-15
Telephone exchanges or other communications equipment structures, pursuant to Section 73-14
In Zone A, physical culture or health establishments in subzone A-4 only, pursuant to Section 73-36. However, physical culture or health establishments located below the level of the first story ceiling shall not be permitted to front on the Esplanade.
The following uses shall not be permitted:
A. Transient Accommodations
Motels, tourist cabins, or boatels
B. Retail or Service Establishments
Electrical glazing, heating, painting, paper hanging, plumbing, roofing, or ventilating contractors' establishments
Monument sales establishments
Moving or storage offices
Refreshment stands, drive-in
Sign painting shops
Window cleaning contractors' establishments, including floor waxing and other similar building maintenance services
C. Wholesale Establishments
D. Automobile Service Establishments
Automotive glass and mirror shops
Automotive seat cover or convertible top establishments
Automotive service stations
Tire sales establishments
E. Public Service Establishments
On application to and with the permission of the Battery Park City Authority, any open use listed in Use Groups 1 through 16, as set forth in Sections 32-11 through 32-25, is permitted if such use is an interim use which will not obstruct, interfere with, or be incompatible with the general purposes and overall development of the Special Battery Park City District, and if such use is not prohibited by the Settlement Agreement, dated June 6, 1980, between the City of New York, the State of New York, and various agencies and instrumentalities thereof. The Authority may prescribe appropriate conditions and safeguards in order to minimize adverse effects on surrounding land uses.
Zone A is designed generally to provide for residential development with ancillary retail and service uses, and transient hotels as permitted pursuant to Section 84-12. Zone A is divided into six subzones: A-1, A-2, A-3, A-4, A-5 and A-6. The location and boundaries of the subzones are shown in Appendices 2 and 3 of this Chapter.
Except as expressly modified by the provisions of this Chapter, the regulations applying to an R10 District shall apply in subzones A-1, A-2, A-3, A-5 and A-6 of the Special Battery Park City District.
Notwithstanding any other provision of this Resolution, developments and enlargements may only be constructed in subzone A-4 in accordance with certifications given by the City Planning Commission. Residential open space in subzone A-4 shall be subject to the provisions of Sections 12-10 (DEFINITIONS) and 23-12 (Permitted Obstructions in Open Space). For every dwelling unit there shall be a minimum of 55.0 square feet of open space. All other provisions of this Chapter with respect to Zone A shall not apply to developments or enlargements in subzone A-4 unless otherwise indicated.
In the areas indicated as permitted commercial locations in Appendices 2.3 and 3.3, the use regulations applying in a C2 District shall apply, except as provided in Sections 84-031 (Special permit uses), 84-032 (Uses not permitted), 84-121 (Uses along Esplanade) and this Section.
In the case of a mixed building containing residential and commercial uses, residential uses are permitted on the same story as a commercial use, provided no access exists between such uses at any level containing residences and provided any commercial uses are not located over any residences. However, such commercial use may be located over residences by authorization of the City Planning Commission upon finding that sufficient separation of residences from commercial uses exists within the building.
Notwithstanding any other provisions of this Resolution, the permitted uses listed in Use Groups 6, 7, 8, 9 or 14 and the additional uses permitted hereunder shall be limited, per establishment, to 10,000 square feet of floor area of any story and shall not be located above the first story ceiling, except that:
(a) in any building containing an arcade required in Section 84-134 (Mandatory arcades), any permitted use may be located above the first story ceiling and below the second story ceiling; and
(b) supermarkets are permitted with no limitation on floor area.
Notwithstanding any other provisions of this Resolution, the zoning lot south of First Place and east of Battery Place may contain residential uses, transient hotel uses, or both residential and hotel uses.
In the case of hotel uses on this zoning lot:
(1) a physical culture or health establishment may be permitted; and
(2) an eating and drinking establishment, as permitted in Section 32-15 (Use Group 6), and a physical culture and health establishment or a non-residential accessory use, may be located above a story containing residential uses.
Except as set forth in this Section and in Section 84-12 (Use Regulations), uses fronting on the Esplanade shall be limited to the uses listed in Use Groups 2, 3 and 4 as set forth in Section 22-10 (USES PERMITTED AS-OF-RIGHT), except that in the areas indicated as permitted commercial locations in Appendix 2.3, in the lowest story other than a basement in any building, the following additional uses shall be permitted:
Eating or drinking places, as listed in Use Group 6A in Section 32-15
Public open space areas located between Murray Street and Warren Street, as indicated in Appendix 3.6, shall be improved at or above grade for use by the public as open areas for passive and/or active recreational uses.
The regulations otherwise applicable in R10 Districts are superseded by the regulations set forth in Sections 84-131 (Floor area regulations), 84-132 (Mandatory front building walls), 84-134 (Mandatory arcades) and 84-135 (Limited height of buildings).
The provisions of Sections 23-532 (Required rear yard equivalents) and 24-11 (Maximum Floor Area Ratio and Percentage of Lot Coverage), and Article VII, Chapter 8 (Special Regulations Applying to Large-scale Residential Developments) and Chapter 9 (Special Regulations Applying to Large-scale Community Facility Developments), are not applicable.
The provisions of Section 23-70 (MINIMUM REQUIRED DISTANCE BETWEEN TWO OR MORE BUILDINGS ON A SINGLE ZONING LOT) may be modified by the Battery Park City Authority. Prior to the granting of any such modification, the Authority shall make the following findings:
(a) that such modification will aid in achieving the general purpose and intent of the Special Battery Park City District, as set forth in Section 84-01;
(b) that such modification will not unduly increase the bulk of buildings, the density of population or the intensity of use on any zoning lot to the detriment of the occupants of buildings on such zoning lot or nearby zoning lots ;
(c) that such modification will not adversely affect the buildings on the zoning lot or nearby zoning lots by restricting access to light and air; and
(d) that if an open area is provided, at any level, between two buildings, it shall have a width of not less than eight feet.
Notwithstanding any other provisions of this Resolution, the permitted floor area ratio for any zoning lot in subzones A-1 and A-5 shall not exceed 12.0, and in subzones A-2, A-3 and A-6 shall not exceed 8.0. However, within subzone A-6, the floor area ratio for the zoning lot on the southeast corner of Chambers Street and North End Avenue may be increased from 8.0 to a maximum of 12.0, provided that such additional floor area is occupied by a school.
The floor area bonus provisions with respect to R10 Districts shall not apply.