The "Special Garment Center 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 retain adequate wage and job-producing industries within the Garment Center;
(b) to provide an opportunity for apparel production and showroom space in designated areas of the Garment Center;
(c) to preserve a variety of types of space for a diversity of businesses that service the Garment Center and the city;
(d) to recognize the unique character of the western edge of the Special District as integral to the adjacent Special Hudson Yards District;
(e) to establish an appropriate urban scale and visual character within the Garment Center; and
(f) to promote the most desirable use of land within the district, to conserve the value of land and buildings, and thereby protect the City's tax revenues.
The provisions of this Chapter shall apply within the Special Garment Center 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 The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter.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.
The regulations of this Chapter are designed to implement the Special Garment Center District Plan. The District Plan includes the following map:
Special Garment Center District and Subdistricts
The map is located in Appendix A of this Chapter and is hereby incorporated and made an integral part of this Resolution. It is incorporated for the purpose of specifying locations where special regulations and requirements set forth in the text of this Chapter apply.
In order to carry out the purposes and provisions of this Chapter, two Subdistricts, A1 and A are established within the Special Garment Center District. The location of the Subdistricts is shown on the map (Special Garment Center District and Subdistricts) in Appendix A of this Chapter.
The use regulations of the applicable underlying district shall apply except as set forth in this Section.
In the Special Garment Center District, transient hotels, as listed in Section 32-14 (Use Group 5), and motels, tourist cabins or boatels, as listed in Section 32-16 (Use Group 7A), shall be permitted only by special permit of the City Planning Commission pursuant to Section 121-70 (Special Permit for Transient Hotels).
However, a special permit shall not be required for a transient hotel operated exclusively for the public purpose of temporary housing assistance by the City or State of New York, or operated by a non-governmental entity pursuant to an active contract or other written agreement with an agency of the City or State specifying such public purpose.
Furthermore, for a building subject to the provisions of Section 121-60 (ANTI-HARASSMENT AND DEMOLITION REGULATIONS IN SUBDISTRICT A-2) and for which HPD issued a certification of no harassment that was in effect on June 11, 2018, a special permit shall not be required where such building is enlarged and a portion of which is subsequently converted to residences pursuant to Article I, Chapter 5 (Residential Conversions Within Existing Buildings), provided all new transient hotel rooms shall be located in the enlarged portion of such building, and except for transient hotel lobbies and accessory uses located below the floor level of the second story, the non-enlarged portion of such building shall contain only permanently affordable residences pursuant to a regulatory agreement enforceable by HPD.
Any transient hotel existing prior to December 20, 2018, within the Special Garment Center District, shall be considered a conforming use. Any enlargement or extension of such existing conforming use shall not require a special permit. In the event a casualty damages or destroys a building within the Special Garment Center District that was used as a transient hotel as of December 20, 2018, such building may be reconstructed and continue as a transient hotel without obtaining a special permit, provided the floor area of such reconstructed building does not exceed the floor area permitted pursuant to the provisions of Section 121-31 (Maximum Permitted Floor Area Within Subdistrict A-1) or Section 121-41 (Maximum Permitted Floor Area Within Subdistrict A-2), as applicable.
In Subdistrict A-2, any development or enlargement that includes offices, as listed in Section 32-15 (Use Group 6B) developed or enlarged after January 19, 2005, shall be permitted only pursuant to Section 93-13 (Special Office Use Regulations).
In the C6-4M District located within Subdistrict A-2, for buildings existing on January 19, 2005, the use regulations of the underlying district shall be modified as follows:
(a) For buildings with less than 70,000 square feet of floor area, the provisions of Section 15-20 (REGULATIONS GOVERNING RESIDENTIAL CONVERSIONS WITHIN EXISTING BUILDINGS IN C6-2M, C6-4M, M1-5M AND M1-6M DISTRICTS), inclusive, shall not apply to the conversion of non-residential floor area to residences. In lieu thereof, Section 15-10 (REGULATIONS GOVERNING RESIDENTIAL CONVERSIONS WITHIN EXISTING BUILDINGS IN RESIDENCE AND COMMERCIAL DISTRICTS, EXCEPT C6-2M AND C6-4M DISTRICTS), inclusive, shall apply; and
(b) for buildings with 70,000 square feet or more of floor area, the conversion of non-residential floor area to residences, or to college or school student dormitories and fraternity or sorority student houses shall not be permitted.
(c) The following uses and uses accessory to such uses shall be allowed:
(1) From Use Group 16A:
Household or office equipment or machinery repair shops, such as refrigerators, washing machines, stoves, deep freezers or air conditioning units
Tool, die or pattern making establishments or similar small machine shops
(2) From Use Group 16D:
Packing or crating establishments
Trucking terminals or motor freight stations, limited to 20,000 square feet of lot area per establishment
Wholesale establishments, with no limitation on accessory storage
(3) From Use Group 17B:
In the M1-6 District located within Subdistrict A-1, uses listed in Use Group 18 shall not be permitted.
In the Special Garment Center District, all signs shall be subject to the regulations applicable in C6-4 Districts, as set forth in Section 32-60 (SIGN REGULATIONS). However, in Subdistrict A-2, flashing signs shall not be permitted.
The following special bulk regulations shall apply within Subdistrict A-1, as shown in Appendix A of this Chapter.
The basic maximum floor area ratio of a zoning lot shall be as specified for the underlying district in Section 43-12 (Maximum Floor Area Ratio) and may be increased only pursuant to Section 43-13 (Floor Area Bonus for Public Plazas). No public plaza, or any part thereof, shall be permitted on or within 100 feet of a wide street. The provisions of Section 43-14 (Floor Area Bonus for Arcades) shall not apply.
In Subdistrict A-1, the underlying height and setback regulations set forth in Sections 43-43 (Maximum Height of Front Wall and Required Front Setbacks) and 43-44 (Alternate Front Setbacks) shall not apply. In lieu thereof, the following provisions shall apply:
(a) Street wall location
The street wall of any building shall be located on the street line and extend along the entire street frontage of the zoning lot up to at least the maximum base height specified in paragraph (b) of this Section. On the ground floor, recesses shall be permitted where required to provide access to the building, provided such recesses do not exceed three feet in depth as measured from the street line. In addition, the street wall location provision of this paragraph shall not apply along such street line occupied by a public plaza as set forth in Section 37-70 (PUBLIC PLAZAS).
(b) Base height
(1) Along wide streets
On wide streets, and on narrow streets within 50 feet of their intersection with a wide street, the street wall of a building shall rise without setback to a minimum base height of 125 feet and may rise to a maximum base height of 155 feet.
However, where the height of an existing adjacent street wall fronting on the same street line rises to a height exceeding 155 feet before setback, the maximum base height may be increased to the height of such existing adjacent street wall but shall not exceed a base height of 205 feet. In addition, where existing adjacent street walls on both sides of the building rise to a height exceeding 155 feet before setback, the maximum base height of such building may be increased to the higher of the two existing adjacent street walls, except in no instance shall the base height of such building exceed 205 feet.
(2) Along narrow streets
On narrow streets, beyond 50 feet of their intersection with a wide street, the street wall of a building shall rise without setback to a minimum base height of 85 feet and may rise to a maximum base height of 135 feet.
As an alternative, the minimum and maximum base heights applicable to a wide street may be applied along a narrow street beyond 50 feet of a wide street, up to a maximum of 100 feet from such wide street.
(c) Required setbacks
(1) Along wide streets
For buildings, or portions thereof, located on wide streets and on narrow streets within 100 feet of a wide street, the portion of such building above the applicable maximum base height set forth in paragraph (b)(1) of this Section, shall be set back from the street wall of the building at least 10 feet along a wide street and at least 15 feet along a narrow street, except such dimensions may include the depth of any permitted recesses in the street wall. Above such required setback, any portion of a building on the zoning lot shall be considered a "tower."
(2) Along narrow streets
For buildings, or portions thereof, located on narrow streets beyond 100 feet of a wide street, the portion of such building above the applicable maximum base height set forth in paragraph (b)(2) of this Section shall be set back from the street wall of the building at least 15 feet along a narrow street, except such dimensions may include the depth of any permitted recesses in the street wall. Above such required setback, any portion of a building on the zoning lot shall be considered a "tower."
(d) Tower Regulations
Each story of a tower above the required setback shall not exceed a maximum lot coverage of 40 percent of the lot area of a zoning lot or, for zoning lots of less than 20,000 square feet, the percent set forth in Section 43-451 (Towers on small lots).
(e) Maximum building height
No height limit shall apply to towers.
The following special bulk regulations shall apply within Subdistrict A-2, as shown on the map in Appendix A of this Chapter.
The basic maximum floor area ratio of a zoning lot containing non-residential buildings shall be 10.0 and may be increased to a maximum floor area ratio of 12.0 only pursuant to Section 93-31 (District Improvement Fund Bonus). Such zoning lot may also contain residences within buildings existing on January 19, 2005, provided that such buildings are not enlarged after such date. For zoning lots containing residences within a building that is developed or enlarged on or after January 19, 2005, the basic maximum floor area ratio shall be 6.5. The floor area ratio of any such zoning lot may be increased from 6.5, pursuant to Section 93-31, and pursuant to Section 23-90 (INCLUSIONARY HOUSING), as modified by Section 93-23 (Modifications of Inclusionary Housing Program), provided that for every five square feet of floor area increase pursuant to Section 93-31, there is a floor area increase of six square feet pursuant to Section 23-90, as modified by Section 93-23, inclusive. The maximum residential floor area ratio shall be 12.0.
For the conversion to dwelling units of non-residential buildings, or portions thereof, where the total floor area on the zoning lot to be converted to residential use exceeds a floor area ratio of 12.0, such excess floor area shall be permitted only pursuant to Section 93-31.