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Chapter 1 Special Lower Manhattan District (LM)

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91-00 General Purposes
The "Special Lower Manhattan District" established in this Resolution is designed to promote and protect public health, safety, general welfare and amenity. These general goals include, among others, the following specific purposes:
  1. encourage development of a 24-hour community through the conversion of older commercial buildings to residential use;
  2. facilitate maximum design flexibility of buildings and enhance the distinctive skyline and streetscape of Lower Manhattan;
  3. improve public use and enjoyment of the East River waterfront by creating a better physical and visual relationship between development along the East River and the waterfront area, public access areas and the adjoining upland community;
  4. enhance the pedestrian environment by relieving sidewalk congestion and providing pedestrian amenities;
  5. restore, preserve and assure the use of the South Street Seaport Subdistrict as an area of small historic and restored buildings, open to the waterfront and having a high proportion of public spaces and amenities, including a South Street Seaport Environmental Museum, with associated cultural, recreational and retail activities;
  6. establish the Historic and Commercial Core to protect the existing character of this landmarked area by promoting development that is harmonious with the existing scale and street configuration;
  7. establish the Water Street Subdistrict to improve the urban design relationship between existing buildings and open areas by promoting retail activities and the enhancement of existing public spaces with new amenities in this area; and
  8. promote the most desirable use of land and thus conserve and enhance the value of land and buildings, and thereby protect the City's tax revenues.
91-01 General Provisions
Except as modified by the express provisions of the Special Lower Manhattan District, the regulations of the underlying zoning districts shall remain in effect.
Requirements that apply generally throughout the District are set forth in the provisions for this Chapter. The provisions of Section 91-40 (MANDATORY DISTRICT PLAN ELEMENTS) specify planning and urban design features that are primarily oriented toward the accommodation and well-being of pedestrians.
For requirements that are not generally applicable but are tied to specific locations within the Special District, the locations where these requirements apply are shown on District Map 2 (Street Wall Continuity Types 1, 2A, 2B & 3), Map 3 (Street Wall Continuity Types 4 & 5), Map 4 (Designated Retail Streets) and Map 5 (Curb Cut Prohibitions) in Appendix A. Certain sign regulations that apply to landmark buildings with street walls fronting Broadway are set forth in Section 91134.
The provisions of Article VI, Chapter 2 (Special Regulations in the Waterfront Area), shall apply to all areas of the waterfront area within the Special Lower Manhattan District, except as otherwise provided in Section 91-60 (REGULATIONS FOR THE SOUTH STREET SEAPORT SUBDISTRICT) for Piers 9, 11, 13 and 14. Piers 9, 11, 13 and 14 are shown on Maps 1 and 6 in Appendix A.
In flood zones, or for transit-adjacent sites or qualifying transit improvement sites, as defined in Section 66-11 (Definitions), 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), or Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI shall control.
An existing public amenity, open or enclosed, that was a mandatory requirement or received a floor area bonus pursuant to the provisions of the former Special Greenwich Street Development District, eliminated on August 27, 1998, shall not be removed, reduced in size or in any way altered, other than pursuant to the provisions of Section 91-71 (Authorization for the Modification of Required Public Amenities).
Special regulations governing the development of three specific sites in the Special Lower Manhattan District are set forth in the following Sections:
Section 91-72        (Special Permit for Development Over or Adjacent to the Approaches to the Brooklyn Battery Tunnel)
Section 91-73        (Special Provisions for Battery Park Underpass/South Street).
91-02 Definitions
For the purposes of this Chapter, matter in italics is defined in Sections 12-10 or 91-62 (Definitions).
91-03 District Maps
District maps are located in Appendix A of this Chapter and are hereby incorporated and made an integral part of this Resolution. They are incorporated for the purpose of specifying locations where special regulations and requirements, as set forth in the text of this Chapter, apply.
Map 1        Special Lower Manhattan District

Map 2        Street Wall Continuity Types 1, 2A, 2B & 3

Map 3        Street Wall Continuity Types 4 & 5

Map 4        Designated Retail Streets

Map 5        Curb Cut Prohibitions

Map 6        South Street Seaport Subdistrict (Section 91-63)

Map 7        Subway Station Improvement Areas

Map 8        Water Street Subdistrict

Map 9         Water Street Subdistrict Arcades

91-04 Subdistricts and Core Area
In order to carry out the purposes and provisions of this Chapter, the South Street Seaport Subdistrict, the Historic and Commercial Core and the Water Street Subdistrict are established within the Special Lower Manhattan District and include specific regulations designed to advance the purpose of these areas:
  1. South Street Seaport Subdistrict

    The South Street Seaport Subdistrict contains certain provisions that do not apply to other areas of the Special District. Except as otherwise provided in the Subdistrict regulations, the Subdistrict is subject to all other regulations of the Special Lower Manhattan District and the underlying districts. The requirements for the South Street Seaport Subdistrict are set forth in Section 91-60 (SPECIAL REGULATIONS FOR THE SOUTH STREET SEAPORT SUBDISTRICT).

    The Subdistrict is shown on Map 1 (Special Lower Manhattan District) and Map 6 (South Street Seaport Subdistrict) in Appendix A of this Chapter.
  2. The Historic and Commercial Core

    The Historic and Commercial Core has been established to promote development compatible with existing buildings that border the area whose street plan has been accorded landmark status by the New York City Landmarks Commission as the Streetplan of New Amsterdam and Colonial New York. Height and setback provisions for the Historic and Commercial Core are set forth in Sections 91-31 through 91-33.

    The Core is bounded by Broadway and Wall, Whitehall and Water Streets, as shown on Map 1 (Special Lower Manhattan District) in Appendix A of this Chapter.
  3. Water Street Subdistrict

    The Water Street Subdistrict has been established to improve the urban design relationship between existing buildings and open areas by promoting retail activities and the enhancement of existing public spaces with new amenities in this area.

    The Subdistrict is shown on Map 8 (Water Street Subdistrict) and Map 9 (Water Street Subdistrict Arcades) in Appendix A of this Chapter.
91-05 Applicability of the Quality Housing Program
Within the Special Lower Manhattan District, buildings containing residences may be developed or enlarged in accordance with the provisions of Article II, Chapter 8 (The Quality Housing Program), except that the bulk regulations for Quality Housing buildings set forth in Article II, Chapter 3 (Residential Bulk Regulations in Residence Districts) and modified by Article III, Chapter 5 (Bulk Regulations for Mixed Buildings in Commercial Districts), shall be superseded by the bulk regulations of this Chapter. Recreation space required pursuant to Section 28-20 (RECREATION SPACE AND PLANTING AREAS) shall be in addition to any recreation space required pursuant to this Chapter.
91-06 Applicability of Article VII Provisions
91-061 Applicability of Special Permits by the Board of Standards and Appeals
Within the Special Lower Manhattan District, the following Board of Standards and Appeals special permits shall not be applicable or shall be applicable only as modified.
The following special permit by the Board of Standards and Appeals shall not be applicable:

 
Section 73-68        (Modifications of Height, Setback and Rear Yard Regulations)
The following special permits by the Board of Standards and Appeals shall be applicable as modified:
Section 73-21        (Automotive Service Stations) shall not apply on zoning lots with frontage on any street listed on Map 2 or Map 4 in Appendix A
Section 73-244        (In C2, C3, C4*, C6-4**,M1-5B, M1-5M and M1-6M Districts, the Special Hudson Square District and the Special Tribeca Mixed Use District) shall also apply in C5 Districts to eating or drinking establishments with entertainment, including musical entertainment or dancing, and a capacity of more than 200 persons.
91-062 Applicability of Special Permits by the City Planning Commission
Within the Special Lower Manhattan District, the following special permits by the City Planning Commission shall not be applicable or shall be applicable within C5 Districts.
The following special permits by the City Planning Commission shall not be applicable:
Section 74-721        (Modification of Height, Setback and Yard Regulations)
Section 74-82        (Through Block Arcades)
The following special permits by the City Planning Commission shall be applicable also within C5 Districts:
Section 74-41        (Arenas, Auditoriums, Stadiums or Trade Expositions)
Section 74-46        (Indoor Interactive Entertainment Facilities).



91-07 Modification of Use and Bulk Regulations for Zoning Lots Fronting Upon DeLury Square Park
Where the lot line of a zoning lot coincides with, or is within 20 feet of, the boundary of DeLury Square Park, such lot line shall be considered to be a street line for the purposes of applying all use and bulk regulations of this Resolution.
91-10 Special Use Regulations
91-11 Modification of Use Regulations in C5 Districts
91-111 Additional Uses in C5 Districts
In addition to the special permit uses cited in Section 91-06, the use regulations for C5 Districts within the Special Lower Manhattan District are modified to permit the following uses:
From Use Group 7:

Use Groups 7B and 7E
From Use Group 8:
Use Groups 8A*, 8B and 8E
From Use Group 12:
Use Groups 12A**, 12B, 12C and 12E
___________
*        inclusive of the waiting area requirements for theaters as listed in Use Group 8A
**        except for eating or drinking establishments as listed in Use Group 12A
91-112 Eating and Drinking Establishments With Dancing in C5 Districts
In all C5 Districts within the Special Lower Manhattan District, in addition to eating and drinking establishments permitted pursuant to Section 32-15 (Use Group 6), the following types of eating and drinking establishments shall be permitted:
eating or drinking establishments with entertainment, including musical entertainment or dancing, with a total capacity of 200 persons or fewer, provided that the dance floor or area, if any, does not exceed 400 square feet. The locational and waiting area requirements for eating or drinking establishments of Section 73-244 (In C2, C3, C4*, C6-4**, M1-5B, M1-5M and M1-6M Districts, the Special Hudson Square District and the Special Tribeca Mixed Use District) shall apply;

 
eating or drinking establishments with entertainment, including musical entertainment or dancing, with a capacity of more than 200 persons, pursuant to the provisions of Section 73-244, as modified in Section 91-061 (Applicability of special permits by the Board of Standards and Appeals).
91-113 Location of Certain Commercial Uses
In C5 Districts within the Special Lower Manhattan District, the provisions of Section 32-423 (Limitation on ground floor location) shall not apply.
91-12 Uses on Designated Retail Streets
On designated retail streets, as shown on Map 4 in Appendix A, for buildings developed or enlarged after August 27, 1998, where the ground floor level of such development or enlarged portion of the building fronts upon such streets, uses within stories on the ground floor or with a floor level within five feet of curb level, shall be limited to only those uses permitted by the underlying regulations and Section 91-111 (Additional uses in C5 Districts), other than automobile showrooms or plumbing, heating or ventilating equipment showrooms, or any of the uses listed in Use Groups 6B, 6E, 7C, 7D, 8C, 8D, 9B, 10B, 11 or 12D.
91-13 Sign Regulations
In the Special Lower Manhattan District, except as modified by the provisions of this Section, inclusive, the regulations of Section 32-60, et seq., pertaining to signs, shall apply.
91-131 Illuminated Signs in C5 Districts
In all C5 Districts within the Special Lower Manhattan District, not more than one illuminated, non-flashing sign, other than an advertising sign, with a total surface area not exceeding eight square feet shall be permitted for each street frontage of the zoning lot. Such sign may be located only within a window of a building.
91-132 Banner Regulations
In all C5 and C6 Districts within the Special Lower Manhattan District, in lieu of the provisions of Section 32-652 (Permitted projection in all other Commercial Districts), banners may project across a street line for a maximum distance of eight feet.
In C5-3 or C5-5 Districts within the Special District, in lieu of the provisions of Section 32-655 (Height of signs in all other Commercial Districts), banners may extend above curb level to a maximum height of 40 feet.
91-133 Height of Signs in C6-9 Districts
In C6-9 Districts within the Special Lower Manhattan District, the regulations of Section 32-655 (Height of signs in all other Commercial Districts) may be modified to allow a maximum height of 50 feet above curb level, provided the City Planning Commission certifies that the design features of the existing building, as they appear on May 9, 2001, would unduly obstruct the visibility of the sign without such modification. An application for such certification shall be filed with detailed plans showing compliance with this Section.
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