81-70 Special Regulations for Theater Subdistrict

The regulations of Sections 81-72 to 81-75, inclusive, relating to Special Regulations for the Theater Subdistrict, are applicable only in the Theater Subdistrict, of which the Theater Subdistrict Core and the Eighth Avenue Corridor are parts, except that any listed theater designated in Section 81-742, or portion thereof, located outside of the Theater Subdistrict shall be deemed to be a "granting site" pursuant to Section 81-744 (Transfer of development rights from listed theaters).

The Theater Subdistrict is bounded by West 57th Street, Avenue of the Americas, West 40th Street, Eighth Avenue, West 42nd Street, a line 150 feet west of Eighth Avenue, West 45th Street and Eighth Avenue.

The Theater Subdistrict Core is bounded by West 50th Street, a line 200 feet west of Avenue of the Americas, West 43rd Street and a line 100 feet east of Eighth Avenue.

The Eighth Avenue Corridor is bounded by West 56th Street, a line 100 feet east of Eighth Avenue, West 43rd Street, Eighth Avenue, West 42nd Street, a line 150 feet west of Eighth Avenue, West 45th Street and Eighth Avenue.

The west side of Eighth Avenue between 42nd and 45th Streets is also subject to the provisions of the Special Clinton District to the extent set forth in Article IX, Chapter 6, subject to Section 81-023 (Applicability of Special Clinton District regulations).

These boundaries are shown on Map 1 (Special Midtown District and Subdistricts) in Appendix A of this Chapter. The regulations of Sections 81-72 to 81-75, inclusive, supplement or modify the regulations of this Chapter applying generally to the Special Midtown District of which the Subdistrict is a part.

In order to preserve and protect the character of the Theater Subdistrict as a cultural, theatrical and entertainment showcase as well as to help ensure a secure basis for the useful cluster of shops, restaurants and related amusement activities, special incentives and controls are provided for the preservation and rehabilitation of existing theaters and special restrictions are placed on ground floor uses within the Subdistrict. In order to preserve and protect the special scale and character of the Theater Subdistrict Core, which includes Times Square, special building street wall height and setback controls and requirements for the inclusion of illuminated signs and entertainment and entertainment-related uses apply within the Subdistrict Core. In order to ensure the orderly growth and development of the Eighth Avenue Corridor and its transition to the scale and character of adjoining midblocks, special building street wall, height and setback controls apply within the Corridor. In order to preserve and maintain the character of the western edge of the Theater Subdistrict as both an integral part of the Theater Subdistrict and as a transition to the Clinton neighborhood, the west side of Eighth Avenue between 42nd and 45th Streets is also subject to the provisions of the Special Clinton District.

A Theater Subdistrict Council shall be created comprised of the Mayor, three (3) representatives appointed by the Mayor from the performing arts, theatrical and related industries, the Director of the Department of City Planning, the Speaker of the City Council and his or her designee, and the Manhattan Borough President. The members shall choose a Chair from among themselves. The Theater Subdistrict Council shall be a not-for-profit corporation whose organizational purpose shall be limited solely to promoting theater and theater-related use and preservation within the Theater Subdistrict and promoting the welfare of the Theater Subdistrict generally. The goals of the Theater Subdistrict Council shall include enhancing the long-term viability of Broadway by facilitating the production of plays and small musicals within the Theater Subdistrict, developing new audiences for all types of theatrical productions, and monitoring preservation and use covenants in Broadway's "listed theaters."

The Theater Subdistrict Council shall adopt a plan every three years for the sale, distribution and marketing of reduced price tickets to new and undeveloped audience groups. Such plan shall include locations outside of the Theater Subdistrict where such reduced price tickets will be available. The plan shall also include a way to evaluate yearly its effectiveness by:

(a)        the number of tickets sold; and

(b)        the penetration of the new identified markets which shall be reported to the Chairperson of the City Planning Commission and filed with the Council of the City of New York.

The Theater Subdistrict Council shall advise the Chairperson of the City Planning Commission concerning applications for any special permit, authorization or certification pursuant to the special regulations for the Theater Subdistrict and shall be the holder and administrator of the funds received in connection with transfers of development rights from "listed theaters" pursuant to Section 81-744 in accordance with the provisions for the Theater Subdistrict Fund set forth in paragraph (h) of Section 81-741 (General provisions).

Uses located on the ground floor or entered by stairs from a sidewalk entry, except for uses with no street frontage and accessible only through a lobby, shall be limited as follows:

(a)        On any wide street, at least 80 percent of any wide street front lot line ground level frontage shall be allocated to uses indicated in Section 81-722 (Use Group T).

(b)        On any narrow street, at least 50 percent of any narrow street front lot line ground level frontage shall be allocated to uses indicated in Section 81-722.

(c)        For zoning lots between 43rd and 50th Streets with street frontage on Broadway and/or Seventh Avenue, at least 50 percent of any length of narrow street front lot line ground level frontage within 100 feet of Broadway or Seventh Avenue shall be allocated to uses permitted only on wide street frontages in Section 81-722.

Where a stairway entrance into a subway is relocated onto a zoning lot pursuant to Section 81-46 (Off-street Relocation or Renovation of a Subway Stair), up to, but not more than, 40 feet of the narrow street front lot line ground level frontage occupied by that stairway may be excluded from the length of narrow street frontage to which the requirements of this Section apply.

The following uses are subject to the limitations on location and floor area of the underlying zoning district:

Uses marked with an asterisk (*) are allowed only on narrow street frontages.

Uses marked with double asterisks (**) are allowed only on floors other than the ground floor.

Uses marked thus (***) qualify as uses satisfying the requirements of Section 81-724 (Requirements for entertainment-related uses).

Use

Ambulatory diagnostic or treatment health care facilities listed in Use Group 4

Antique stores

Apartment hotels - lobby space is limited to 20 percent of total zoning lot frontage on wide streets

Appliance, repair shops - not permitted in C5 Districts

Appliances, sales

Art galleries, commercial

*        Art galleries, non-commercial

Art metalcraft shops

Art needlework

Artists' supply stores

Athletic goods stores

***        Auditoriums

*        Automobile rental establishments - not permitted in C5 Districts

Bakeries

Banks - limited to 15 percent of total zoning lot frontage on wide streets

*        Banquet halls

**        Barber shops

**        Beauty parlors

Bicycle stores, rental or repair - not permitted in C5 Districts

Bicycle stores, sales

*        Blueprinting establishments

*        Boarding houses

Book stores or card stores

*        Bowling alleys - not permitted in C5 Districts

**        Business machines, small shops, rental, repairs, sales

**        Business schools or colleges

Candy stores

Carpet, rug, linoleum or other floor covering stores

*        Catering establishments

Cigar stores

Clock or watch stores or repair shops

Clothing rental establishments

Clothing stores

*        Clubs, non-commercial

Coin stores

*        Colleges or universities

*        Community centers

*        Convents

***        Costume rental establishment

**        Dance halls, public - not permitted in C5 Districts

Delicatessen stores

Dressmaking shops, custom

Drug stores

*        Dry cleaning establishments

Dry goods or fabric stores

Eating or drinking establishments with entertainment but not dancing, with a capacity of 200 persons or less in C5 Districts, without restrictions in C6 or M1 Districts

***        Eating or drinking places - where there is entertainment or dancing in C6 Districts.

*        Fire stations

Fishing tackle or equipment, stores or rental establishments

Florist shops

Food stores, including supermarkets, grocery stores, markets or delicatessen stores

Furniture stores

Furrier shops, custom

Gift shops

*        Gymnasiums

Hair products for headwear

Hardware stores

Historical exhibits - not permitted in C5 Districts

Hotels - lobby space limited to 20 percent of total zoning lot frontage on wide streets

*        Household appliance repair shops - not permitted in C5 Districts

*        Houses of worship

Ice cream stores

*        Institutions, philanthropic or non-profit

Interior decorating establishments

Jewelry shops

Leather goods or luggage stores

*        Libraries

Locksmith shops

Luggage stores

*        Meeting halls

Millinery shops

***        Motion picture production studios

*        Museums

***        Music stores

***        Musical instruments, repair

Newsstands, enclosed

Office or business machine stores, sales or rental

Offices - only lobby space is permitted at grade on wide street frontages; lobby is limited to 20 percent of total zoning lot frontage on wide streets

Optician or optometrist establishments

Orthopedic stores

Paint stores

*        Parish houses

*        Parks, public or private

Parking lots, public and parking garages, public, subject to the provisions of Section 81-30 (OFF-STREET PARKING AND OFF-STREET LOADING REGULATIONS)

Pet shops

*        Phonographic repair shops - not permitted in C5 Districts

Photographic developing or printing establishments

Photographic equipment stores

Photographic studios

Photographic supply stores

*        Photostatting establishments

Picture framing stores

*        Police stations

*        Post offices

*        Printing establishments

*        Radio appliance repair - not permitted in C5 Districts

***        Record stores

*        Recreation centers, non-commercial

*        Rectories

Residences - only lobby space is permitted at grade on wide streets; lobby space is limited to 20 percent of total zoning lot frontage on wide streets

*        Rooming houses

*        Schools

*        Settlement houses

Sewing machine stores, selling household machines

*        Shoe repair shops

Shoe stores

*        Sign painting shops - not permitted in C5 Districts

*        Skating rinks, indoor - not permitted in C5 Districts

*        Skating rinks, outdoor ice

Sporting goods stores

Stamp stores

Stationery stores

*  ***Studios, music, dancing or theatrical

*  ***Studios, radio or television

*        Table tennis halls - not permitted in C5 Districts

Tailor shops, custom

Telegraph offices

*        Television repair shops - not permitted in C5 Districts

***        Theater - a new motion picture theater in a new or existing building shall provide a minimum of four square feet of waiting area within the zoning lot for each seat in such theater. The required waiting space shall be either in an enclosed lobby or open area that is covered or protected during inclement weather and shall not include space occupied by stairs or space within 10 feet of a refreshment stand or entrance to a public toilet - not permitted in C5 Districts

***        Ticket sales

Tobacco stores

Tour operators

Toy stores

*        Trade or other schools for adults

Travel expositions - not permitted in C5 Districts

Travel bureau - limited to 15 percent of total zoning lot frontage on wide streets

Typewriter stores

*        Typewriter or other small business machine

repair stores

Variety stores

Wallpaper stores

*        Wholesale establishments

*        Wholesale offices or showrooms

No single establishment shall have a wide street front lot line ground level frontage of less than 10 feet.

The following requirements apply to wide street front lot line ground level frontages and, for zoning lots between 43rd and 50th Streets with street frontage on Broadway and/or Seventh Avenue, narrow street front lot line ground level frontages within 100 feet of Broadway or Seventh Avenue:

(a)        Any length of front lot line ground level street frontage of a zoning lot devoted to banks and travel bureaus shall not constitute in total more than 15 percent of any such front lot line ground level street frontage.

(b)        Each establishment shall be located within 10 feet of the lot line on which it is required to front for the full length of the frontage of that establishment, except that, where a street wall recess at curb level permitted under Section 81-43 (Street Wall Continuity Along Designated Streets) extends a greater distance from the lot line, the length of frontage of any establishment adjoining that recess may be located at an equal, but not greater, distance from the lot line.

(c)        Lobby space shall not comprise more than 20 percent of any such front lot line ground level street frontage. In addition, a lobby frontage on any such front lot line ground level street frontage need not be less than 15 feet.

(d)        Uses with no street frontage and which are accessible only through a lobby shall not be restricted to Use Group T uses.