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Chapter 8 Special East Harlem Corridors District (EHC)

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138-00 General Purposes
The "Special East Harlem Corridors 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:
  1. to encourage and guide the development of East Harlem as a dynamic mixed-use neighborhood by permitting the expansion and development of residential, commercial, community facility and light manufacturing uses in appropriate areas;
  2. to encourage the development of residential uses along appropriate corridors;
  3. to encourage the development of permanently affordable housing;
  4. to facilitate the development of high-density commercial and manufacturing uses in order to locate jobs near transit connections;
  5. to enhance the vitality of both existing and emerging commercial corridors by ensuring that ground floor frontages are occupied by active uses that enliven the pedestrian experience along the street;
  6. to ensure that the form and use of new buildings relates to and enhances neighborhood character and responds to unique neighborhood conditions such as the Park Avenue viaduct; and
  7. to promote the most desirable use of land in the area and thus preserve, protect and enhance the value of land and buildings and thereby protect City tax revenues.
138-01 General Provisions
The provisions of this Chapter shall apply within the Special East Harlem Corridors 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 The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter.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, for transit-adjacent sites or qualifying transit improvement sites, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI, Chapter 6 shall control. For the purposes of this paragraph, defined terms additionally include those in Section 66-11 (Definitions).
In flood zones, 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 Zones), the provisions of Article VI, Chapter 4 shall control.
138-02 District Plan and Maps
The regulations of this Chapter are designed to implement the Special East Harlem Corridors District Plan. The District Plan includes the map, "Special East Harlem Corridors 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.
138-03 Subdistrict
In order to carry out the provisions of this Chapter, the Park Avenue Subdistrict is established within the Special East Harlem Corridors District. The location of the Subdistrict is shown in the Appendix to this Chapter.
138-04 Applicability
138-041 Applicability of Article IX, Chapter 5
In the event of a conflict between the provisions of this Chapter and Article IX, Chapter 5 (Special Transit Land Use District), the provisions of Article IX, Chapter 5 shall control.
138-042 Applicability of Article XII, Chapter 3
In M1 Districts paired with a Residence District, the special use, bulk and parking and loading provisions of Article XII, Chapter 3 (Special Mixed Use Districts) shall apply, except where modified by the provisions of this Chapter, and shall supplement or supersede the provisions of the designated Residence or M1 District, as applicable.
138-043 Applicability of the Quality Housing Program
In the Special East Harlem Corridors District, buildings containing residences shall be developed or enlarged in accordance with the Quality Housing Program and the regulations of Article II, Chapter 8 shall apply. The bulk regulations of this Chapter shall be considered the applicable bulk regulations for Quality Housing buildings.
138-044 Applicability of the Inclusionary Housing Program
For the purposes of applying the Inclusionary Housing Program set forth in Section 23-90 (INCLUSIONARY HOUSING), the Special East Harlem Corridors District shall be a Mandatory Inclusionary Housing area.
138-10 Special Use Regulations
The use regulations of the underlying districts, or Article XII, Chapter 3 (Special Mixed Use Districts), as applicable, are modified by the provisions of this Section, inclusive.
138-11 Location of Residential Use Within Buildings
In C4 or C6 Districts, the underlying provisions of Section 32-422 (Location of floors occupied by commercial uses) shall be modified, for mixed buildings that are developed or enlarged, to permit dwelling units on the same story as a commercial use provided no access exists between such uses at any level containing dwelling units and provided no commercial uses are located directly over any dwelling units. However, such commercial uses may be located over dwelling units by authorization of the City Planning Commission upon a finding that sufficient separation of residential uses from commercial uses exists within the building.
138-12 Public Parking Garages
C1-5 C2-5 C4-6 C6-4 M1-6/R9 M1-6/R10
In the districts indicated, for the purpose of applying regulations applicable to public parking garages set forth in Article III, Chapter 2 (Use Regulations) and Article III, Chapter 6 (Accessory Off-street Parking and Loading Regulations), the regulations set forth for C1-4 Districts shall apply to C1-5 Districts, and the regulations set forth for C2-4 Districts shall apply to all other districts. In an M1 District paired with an R9 or R10 District, the regulations of public parking garages in Article XII, Chapter 3 (Special Mixed Use Districts) shall not apply. In lieu thereof, the regulations set forth for C2-4 Districts shall apply.
138-20 Special Bulk Regulations
In the Special East Harlem Corridors District, all developments and enlargements shall comply with the bulk regulations for Quality Housing buildings, as modified by the provisions of this Section, inclusive.
In all districts, the floor area provisions of Section 138-21 (Floor Area Regulations), inclusive, and the street wall location provisions of Section 138-22 (Street Wall Regulations), shall apply. In Commercial Districts, the height and setback provisions of Section 138-23 (Height and Setback Regulations in Commercial Districts) shall apply. In M1 Districts paired with an R9 or R10 District, the height and setback provisions set forth in Section 138-24 (Height and Setback Regulations in M1 Districts Paired With an R9 or R10 District) shall apply.
138-21 Floor Area Regulations
Within the Special East Harlem Corridors District, the underlying floor area regulations shall apply as modified in this Section, inclusive.
138-211 Special Floor Area Regulations
  1. In certain Commercial Districts and in Manufacturing Districts paired with a Residence District, as shown on Map 2 of the Appendix to this Chapter, for any zoning lot containing residential floor area, the maximum residential floor area ratio shall be modified as follows:
    1. for zoning lots complying with the applicable provisions of paragraph (d)(3) of Section 23-154 (Inclusionary Housing) or, for affordable independent residences for seniors, the maximum residential floor area ratio set forth on Map 2 shall apply;
    2. for zoning lots utilizing the provisions of paragraphs (d)(4)(i) or (d)(4)(iii) of Section 23-154, the maximum residential floor area ratio shall apply as modified in the table below:


      Maximum residential floor area ratio shown on Map 2
      Modified maximum residential floor area ratio
      8.5
      7.52
      9.0
      7.52
      10.0
      9.0
    3. except in C2 Districts subject to the provisions of paragraph (b) of this Section, the maximum floor area ratio for any combination of uses shall be the maximum floor area ratio specified in paragraphs (a)(1) or (a)(2) of this Section, whichever is applicable; and
    4. in C4-6 Districts and in C2 Districts mapped within an R9 or R10 District, the floor area provisions of Sections 33-13 (Floor Area Bonus for a Public Plaza) or 33-14 (Floor Area Bonus for Arcades) shall not apply.
  2. In C2 Districts mapped within an R7D District that is also located within 100 feet of Park Avenue, the maximum community facility floor area ratio shall be 6.5, except that the applicable provisions of paragraph (d) of Section 33-121 (In districts with bulk governed by Residence District bulk regulations) shall apply to zoning lots containing philanthropic or non-profit institutions with sleeping accommodations or long-term care facilities.
  3. For transit-adjacent sites or qualifying transit improvement sites, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI, Chapter 6 shall control. For the purposes of this paragraph, defined terms additionally include those in Section 66-11 (Definitions).
138-212 Additional Floor Area Regulations in the Park Avenue Subdistrict
Within the Park Avenue Subdistrict, as shown on Map 1 of the Appendix to this Chapter, the floor area ratio regulations of paragraphs (a) and (b) of Section 138-211 are further modified in this Section.
  1. Required non-residential floor area ratio

    Where a development or enlargement of a building on a zoning lot, or portion thereof, located within the Park Avenue Subdistrict contains residentia floor area, such zoning lot shall provide a minimum non-residential floor area ratio as set forth below:
    1. in M1-6 Districts paired with an R9 District, a minimum non-residential floor area ratio of 1.0 shall be provided;
    2. in C6-4 Districts, and in M1-6 Districts paired with an R10 District whose maximum residential floor area ratio is 10.0, a minimum non-residential floor area ratio of 1.5 shall be provided; and
    3. in M1-6 Districts paired with an R10 District whose maximum residential floor area ratio is 12.0, a minimum non-residential floor area ratio of 1.5 shall be provided.
  2. Maximum floor area ratio for zoning lots within M1-6 Districts paired with an R9 District

    In M1-6 Districts paired with an R9 District, the maximum floor area ratio for any use, or any combination of uses, shall not exceed 8.5.
  3. Modified maximum floor area ratio for certain zoning lots

    The floor area ratios set forth in paragraphs (a) and (b) of this Section, and in Section 138-211, shall be modified, as follows:
    1. the minimum non-residential floor area requirements set forth in paragraph (a) of this Section shall be optional for zoning lots existing on or before November 30, 2017, with a lot area of less than 5,000 square feet;
    2. for zoning lots subject to paragraph (c)(1) of this Section, the maximum floor area ratio for all uses shall be set forth as follows:
Maximum floor area ratio shown on Map 2
Modified maximum floor area ratio
8.5
7.52
10.0
9.0
138-22 Street Wall Regulations
All developments and enlargements within the Special East Harlem Corridors District shall comply with the street wall regulations of Section 35-651 (Street wall location), as specified and modified in this Section. Where M1 Districts are paired with R9 or R10 Districts, developments and enlargements within such districts shall comply with the provisions of paragraph (b) of this Section. The applicable provisions of Section 35-651 are specified and modified as follows:
  1. Along wide streets other than Park Avenue

    Along all wide streets other than Park Avenue, and along narrow streets within 50 feet of an intersection with such wide street, the provisions of paragraph (b) of Section 35-651 shall apply, except that the minimum base height shall be 60 feet, or the height of the building, whichever is less.
  2. Along Park Avenue
    Along Park Avenue and along narrow streets located within 100 feet of Park Avenue, the provisions of paragraph (a) of Section 35-651 shall apply, except that the minimum base height shall be 40 feet, or the height of the building, whichever is less.
  3. Along all other streets
    Along all streets not subject to the provisions of paragraph (a) or (b) of this Section, the provisions of paragraph (a) of Section 35-651 shall apply, except that the minimum base height shall be 60 feet, or the height of the building, whichever is less.
  4. Within flood zones
For buildings within the flood zone, the provisions of paragraphs (a), (b) and (c) of this Section, as applicable, shall be modified as follows:
  1. for developments or horizontal enlargements, or portions thereof, where no transparent materials are provided on the ground floor level street wall below a height of four feet above the level of the adjoining sidewalk pursuant to the provisions of Section 37-34 (Minimum Transparency Requirements), for a continuous distance of more than 25 feet, such street wall shall be located at least three feet beyond the street line; and
  2. the area between such street wall and the sidewalk, or portions thereof, that do not contain any planting pursuant to the provisions of paragraph (b)(1) of Section 37-362 (Mitigation elements) for at least 70 percent of the linear footage, shall be improved to Department of Transportation standards for sidewalks, be at the same level as the adjoining public sidewalk and be accessible to the public at all times. In addition, such area shall provide visual mitigation elements in accordance with the provisions of Section 37-362 for at least 70 percent of the linear footage of such area per 50 feet of frontage.
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