Chapter 8 - Special Hudson Square District (HSQ)
The "Special Hudson Square 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 support the growth of a mixed residential, commercial and industrial neighborhood by permitting expansion and new development of residential, commercial and community facility uses while promoting the retention of commercial uses and light manufacturing uses;
(b) to recognize and enhance the vitality and character of the neighborhood for workers and residents;
(c) to encourage the development of buildings compatible with existing development;
(d) to regulate conversion of buildings while preserving continued manufacturing or commercial use;
(e) to encourage the development of affordable housing;
(f) to promote the opportunity for workers to live in the vicinity of their work;
(g) to retain jobs within New York City; and
(h) to promote the most desirable use of land in accordance with a well-considered plan and thus conserve the value of land and buildings, and thereby protect City tax revenues.
Definitions specifically applicable to this Chapter are set forth in this Section. The definitions of other defined terms are set forth in Section 12-10 (DEFINITIONS).
Qualifying building
For the purposes of this Chapter, a "qualifying building" shall be any building that contained at least 70,000 square feet of floor area on March 20, 2013.
In harmony with the general purposes and intent of this Resolution and the general purposes of the Special Hudson Square District, the provisions of this Chapter shall apply within the Special Hudson Square 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 The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter.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, 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 Hazard Areas), the provisions of Article VI, Chapter 4, shall control.
The regulations of this Chapter are designed to implement the Special Hudson Square District Plan. The District Plan includes the map, "Special Hudson Square 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.
In order to carry out the purposes and provisions of this Chapter, Subdistrict A is established. The Subdistrict is specified on the map in the Appendix to this Chapter.
The conversion to dwelling units of non-residential buildings erected prior to January 1, 1977, or portions thereof, shall be permitted subject to Sections 15-11 (Bulk Regulations), 15-12 (Open Space Equivalent) and 15-30 (MINOR MODIFICATIONS), paragraph (b), except as superseded or modified by the provisions of this Chapter.
Notwithstanding any of the provisions of Section 11-33 (Building Permits for Minor or Major Development or Other Construction Issued Before Effective Date of Amendment), for the enlargement of a building which is the subject of Department of Buildings application number 121326742 filed on December 3, 2012, to create a single commercial development, such enlarged building shall not be subject to the height and setback regulations of Section 88-33, paragraph (b), and may continue, provided that a building permit has been issued for such commercial development within two years of March 20, 2013. In addition, should the zoning lot which is the subject of the above-referenced Department of Buildings application merge with an adjacent zoning lot containing wide street frontage on Sixth Avenue, such a zoning lot merger and the subsequent combining of adjacent buildings shall not be deemed to create a new non-compliance, nor an increase in the degree of non-compliance in regards to Section 88-33, paragraph (b)(4), (Maximum length of street wall).
All permitted uses in the underlying districts, as set forth in Section 42-10 (USES PERMITTED AS-OF-RIGHT), shall comply with the provisions set forth in this Section, inclusive.
Residential use shall be permitted in accordance with the provisions of this Section.
(a) Residential use as-of-right
Residential use shall be permitted as-of-right on any zoning lot that, on March 20, 2013, was not occupied by a qualifying building. As a condition to receiving a building permit, such absence of a qualifying building on the zoning lot must be demonstrated to the satisfaction of the Department of Buildings.
(b) Residential use by certification
Residential use shall be permitted on a zoning lot that, on March 20, 2013, was occupied by one or more qualifying buildings, only upon certification by the Chairperson of the City Planning Commission that the zoning lot, as it existed on March 20, 2013, will contain at least the amount of commercial or manufacturing floor area that existed within such qualifying buildings on the zoning lot on March 20, 2013, subject to the following:
(1) commercial or manufacturing floor area that is preserved within existing non-qualifying buildings on the zoning lot through restrictive declaration may count towards meeting the requirements of this certification; and
(2) floor area from community facility uses with sleeping accommodations shall not count towards meeting the requirements of this certification.
However, commercial or manufacturing floor area converted to residential vertical circulation space and lobby space need not be replaced as commercial or manufacturing floor area.
A restrictive declaration acceptable to the Department of City Planning shall be executed and recorded, binding the owners, successors and assigns to maintain the amount of commercial or manufacturing floor area that existed within such qualifying buildings on March 20, 2013, on the zoning lot. Such restrictive declaration shall be recorded in the Office of the City Register. A copy of such declaration shall be provided to the Department of Buildings upon application for any building permit related to a change of use from commercial or manufacturing to residential, or for any development containing residences.
The community facility use regulations applicable in M1 Districts shall not apply in the Special Hudson Square District. In lieu thereof, all community facility uses listed in Use Groups 3 and 4 shall be permitted, except that community facilities with sleeping accommodations shall only be permitted in accordance with paragraphs (a) or (b) of this Section, as applicable.
(a) Community facilities with sleeping accommodations shall be permitted as-of-right on any zoning lot that, on March 20, 2013, was not occupied by a qualifying building. As a condition to receiving a building permit, such absence of a qualifying building on the zoning lot shall be demonstrated to the satisfaction of the Department of Buildings.
(b) Community facilities with sleeping accommodations shall be permitted on a zoning lot that, on March 20, 2013, was occupied by one or more qualifying buildings, only upon certification by the Chairperson of the City Planning Commission that the zoning lot will contain at least the amount of commercial or manufacturing floor area that existed within qualifying buildings on the zoning lot on March 20, 2013, subject to the following:
(1) commercial or manufacturing floor area that is preserved within existing non-qualifying buildings on the zoning lot through restrictive declaration may count towards meeting the requirements of this certification; and
(2) floor area from community facility uses with sleeping accommodations shall not count towards meeting the requirements of this certification.
However, commercial or manufacturing floor area converted to vertical circulation and lobby space associated with a community facility with sleeping accommodations need not be replaced as commercial or manufacturing floor area.
A restrictive declaration acceptable to the Department of City Planning shall be executed and recorded, binding the owners, successors and assigns to maintain the amount of commercial or manufacturing floor area that existed within such qualifying buildings on March 20, 2013, on the zoning lot. Such restrictive declaration shall be recorded in the Office of the City Register. A copy of such declaration shall be provided to the Department of Buildings upon application for any building permit related to a change of use from commercial or manufacturing to community facility uses with sleeping accommodations, or for any development containing community facility uses with sleeping accommodations.
(c) Ground floor community facility uses shall be subject to the streetscape provisions set forth in Section 88-131.
The commercial use regulations applicable in M1 Districts shall apply in the Special Hudson Square District, except that:
(a) food stores, including supermarkets, grocery stores or delicatessen stores, shall not be limited as to the size of the establishment;
(b) uses listed in Use Group 6A, other than food stores, and Use Groups 6C, pursuant to Section 42-13, 6E, 10 and 12B, shall be limited to 10,000 square feet of floor area at the ground floor level, per establishment. Portions of such establishments located above or below ground floor level shall not be limited in size;
(c) ground floor commercial uses shall be subject to special streetscape provisions set forth in Section 88-131;
(d) commercial uses permitted in M1 Districts shall be subject to the modifications set forth in Section 123-22 (Modification of Use Groups 16, 17 and 18), inclusive;
(e) transient hotels shall be allowed, except that:
(1) development or enlargement of transient hotels with greater than 100 sleeping units on zoning lots where residential use is permitted as-of-right, in accordance with paragraph (a) of Section 88-11, shall only be allowed upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings that the residential development goal has been met for the Special Hudson Square District as set forth in this paragraph (e)(1), or, where such residential development goal has not been met, by special permit pursuant to Section 88-132 (Special permit for large transient hotels).
The residential development goal shall be met when at least 2,255 dwelling units, permitted pursuant to the provisions of Section 88-11, within the Special Hudson Square District, have received temporary or final certificates of occupancy subsequent to March 20, 2013; and
(2) a change of use within a qualifying building to a transient hotel with greater than 100 sleeping units shall only be allowed by special permit, pursuant to Section 88-132; and
(f) eating or drinking establishments with entertainment and a capacity of more than 200 persons, or establishments of any capacity with dancing, are permitted only by special permit of the Board of Standards and Appeals, pursuant to Section 73-244.
For zoning lots with street frontage of 50 feet or more, the location of certain uses shall be subject to the following use requirements.
For the purposes of applying the special ground floor level streetscape provisions set forth in Section 37-30 to this Section, all zoning lots with a street frontage of 50 feet or more shall be considered primary street frontages, as defined in Section 37-311.
(a) For uses located on the ground floor or within five feet of curb level, uses limited to Use Groups 6A, 6C, 7B, 8A, 8B, 9A, 10A, 12A and 12B, shall extend along a minimum of 50 percent of the width of the street frontage of the zoning lot, and shall comply with the minimum depth provisions of Section 37-32 (Ground Floor Depth Requirements for Certain Uses).
(b) The remainder of the street frontage of the zoning lot may be occupied by any permitted uses, lobbies or entrances to parking spaces, except that lobbies shall comply with the standards for Type 2 lobbies set forth in Section 37-33 (Maximum Width of Certain Uses).
(c) In Subdistrict A of this Chapter, for portions of a building bounding a public park, the ground floor use requirements of paragraph (a) of this Section shall apply to 100 percent of the width of the street frontage of the zoning lot, and residential lobbies and schools shall be permitted uses on the ground floor for purposes of compliance with paragraph (a).
For zoning lots with street frontage of less than 50 feet, no special ground floor use requirements shall apply.
Enclosed parking spaces, or parking spaces covered by a building, including such spaces accessory to residences, shall be permitted to occupy the ground floor, provided they are wrapped by floor area or screened in accordance with the provisions set forth in Section 37-35 (Parking Wrap and Screening Requirements).
Any ground floor street wall of a development or enlargement that contains uses listed in Use Groups 1 through 15, not including dwelling units, shall be glazed in accordance with the provisions set forth in Section 37-34 (Minimum Transparency Requirements).