The "Special Tribeca Mixed Use 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, job-producing, stable industries within the Tribeca neighborhood;
(b) to protect light manufacturing and to encourage stability and growth in the Tribeca neighborhood by permitting light manufacturing and controlled residential uses to coexist where such uses are deemed compatible;
(c) to provide housing opportunity of a type and at a density appropriate to this mixed use zone;
(d) to ensure the provision of safe and sanitary housing units in converted buildings; and
(e) to promote the most desirable use of land and building development in accordance with the Plan for Lower Manhattan as adopted by the City Planning Commission.
For purposes of this Chapter, matter in italics is defined in Section 12-10 (DEFINITIONS) and in this Section.
Special Tribeca Mixed Use District
(repeated from Section 12-10)
The "Special Tribeca Mixed Use District" is a Special Purpose District designated by the letters "TMU" in which special regulations set forth in Article XI, Chapter 1, apply. The Special Tribeca Mixed Use District and its regulations supplement or supersede those of the districts on which it is superimposed.
The provisions of this Chapter shall apply to all developments, enlargements, extensions, alterations, accessory uses, open and enclosed and changes in uses within the Special District.
Except as modified by the express provisions of the District, the regulations of the underlying districts remain in effect. 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 District Map for the Special Tribeca Mixed Use District, in Appendix A, identifies special areas comprising the Special District in which special zoning regulations carry out the general purposes of the Special Tribeca Mixed Use District. These areas are as follows:
Area A1 - General Mixed Use Area
Area A2 - Limited Mixed Use Area
Area A3 - General Mixed Use Area
Area A4 - General Mixed Use Area
Area A5 - General Mixed Use Area
Area A6 - General Mixed Use Area
Area A7 - General Mixed Use Area
(a) Loft dwellings
Loft dwellings created prior to October 13, 2010, shall be governed by the provisions for loft dwellings in Section 111-40 (REQUIREMENTS FOR LOFT DWELLINGS CONSTRUCTED PRIOR TO OCTOBER 13, 2010). Such loft dwellings may be extended, enlarged, or subdivided into two or more loft dwellings only in accordance with such provisions. No loft dwellings may be created after October 13, 2010, except as the result of a subdivision of a loft dwelling existing prior to October 13, 2010.
(b) Home occupations
A home occupation may occupy a loft dwelling, or a dwelling unit converted pursuant to Article I, Chapter 5 (Residential Conversion of Existing Non-Residential Buildings), as an accessory use pursuant to Section 15-13 (Special Home Occupation Provision), except that:
(1) businesses operated as home occupations may have up to three non-residential employees; and
(2) notwithstanding the limitation on uses listed in the definition of home occupation in Section 12-10, a home occupation may include a permitted commercial or permitted manufacturing use.
In all areas except Area A2, ground floor spaces in separate buildings may not be combined for uses in Use Groups 3, 4, 5 and 6, except in those buildings having frontage on Broadway, Chambers Street, Church Street, Greenwich Street, Hudson Street, Sixth Avenue, Varick Street, West Broadway or West Street.
(a) Areas A1 and A3
(1) Uses in Use Groups 16 and 17 shall be permitted, except the following uses are prohibited:
within Use Group 16A: crematoriums, poultry or rabbit killing establishments, unenclosed automobile, boat, motorcycle or trailer sales, motorcycle rentals;
all Use Group 16B uses, except automotive service stations by special permit pursuant to Section 73-21;
all Use Group 16C uses;
within Use Group 16D: dry cleaning or cleaning or dyeing establishments, with no limitation on type of operation, solvents, floor area or capacity per establishment;
within Use Group 17B: manufacture of aircraft, automobiles, trucks, trailers, boats, motorcycles or chemicals; and
all Use Group 17C uses, except agriculture.
(2) The following uses are prohibited in buildings that do not front on Chambers Street, Church Street, Greenwich Street, Hudson Street or West Broadway:
all Use Group 8A uses;
all Use Group 8D uses;
all Use Group 10A uses, except depositories, photographic or motion picture studios, radio or television studios; and
all Use Group 12A uses.
(3) In buildings fronting on Chambers Street, Church Street, Greenwich Street, Hudson Street or West Broadway, the following uses shall be limited to 20,000 square feet of floor area on a zoning lot, including retail cellar space allotted to such uses, except as otherwise provided in Section 111-32 (Special Permit for Certain Large Commercial Establishments):
all uses in Use Groups 6A and 6C;
all uses in Use Group 10 with parking categories B or B1; and
the above uses when listed in other use groups.
Separate buildings on separate zoning lots may not be combined for uses in Use Groups 6A, 6C or all uses with parking categories B or B1 in Use Group 10.
In addition, in buildings not fronting on the streets, listed in paragraph (a)(3) of this Section, uses listed in Use Groups 6A and 6C shall be limited to 10,000 square feet of floor area on a zoning lot, including retail cellar space allocated to such uses, except as otherwise provided in Section 111-32.
(b) Areas A4, A5, A6 and A7
(1) All uses listed in Use Groups 16B, 16C or 16D shall be permitted;
(2) The following uses listed in Use Group 16 shall be permitted:
Carpentry, custom woodworking or custom furniture making shops
Electrical, glazing, heating, painting, paper hanging, plumbing, roofing or ventilating contractors' establishments, open or enclosed, with open storage limited to 5,000 sq. ft.
Household or office equipment or machinery repair shops
Machinery rental or sales establishments.
(3) All uses in Use Group 17 shall be permitted, except that the following uses shall be prohibited:
Building materials or contractors' yards, open or enclosed
Produce or meat markets, wholesale
Adhesives, including manufacture of basic components
Food products, including slaughtering of meat or preparation of fish for packing
Laboratories, research, experimental or testing
Leather products, including shoes, machine belting, or similar products
Metal stamping or extrusion, including costume jewelry, pins and needles, razor blades, bottle caps, buttons, kitchen utensils, or similar products
Plastic products, including tableware, phonograph records, buttons, or similar products
Rubber products, such as washers, gloves, footwear, bathing caps, atomizers, or similar products, including manufacture of natural or synthetic rubber
Soap or detergents.
(4) For establishments with frontage on wide streets, uses listed in Use Groups 6A, 6C and 10 shall be limited to 10,000 square feet of floor area. For establishments that front only upon a narrow street, such uses shall be limited to 5,000 square feet of floor area. For the purposes of this Section, floor area shall include retail cellar space allocated to such uses.
The floor area requirements of this paragraph, (b)(4), may be modified only pursuant to Section 111-32.
(c) Eating or drinking establishments with entertainment and a capacity of more than 200 persons, or establishments of any capacity with dancing, as listed in Use Group 12A, in any location within a building, shall be permitted only by special permit of the Board of Standards and Appeals as provided in Section 73-244. The Board of Standards and Appeals shall additionally find for establishments of any capacity with dancing, as listed in Use Group 12A, that primary ingress and egress for such uses may only be located on Broadway, Chambers Street, Church Street, Greenwich Street, Hudson Street, Sixth Avenue, Varick Street, West Broadway or West Street, with only fire or emergency egress on other streets, and that no portion of such use may be located more than 100 feet, measured perpendicularly, from the streets listed in this paragraph (c). Furthermore, such uses are restricted as provided in paragraph (a)(2) of this Section.
(d) Areas A4, A5, A6 and A7
Transient hotels shall be allowed, except that developments, enlargements, extensions or changes of use that result in a transient hotel with greater than 100 sleeping units shall only be allowed pursuant to Section 111-31 (Special Permit for Large Transient Hotels).
However, any transient hotel that received a special permit pursuant to Section 74-711, granted prior to October 13, 2010, may continue under the terms of such approval.
(e) Environmental conditions for Area A2
(1) All developments or enlargements shall be subject to Ambient Noise Quality Zone Regulations*. Uses listed in Use Group 11A shall be subject to the performance standards of an M1 District.
(2) All new dwelling units shall be provided with a minimum 35dB(A) of window wall attenuation in order to maintain an interior noise level of 45dB(A), or less, with windows closed. Therefore, an alternate means of ventilation is required. However, upon application to the Office of Environmental Remediation (OER) by the owner of the affected building, consistent with OER's authority under the provisions of Section 11-15 (Environmental Requirements) with respect to (E) designations, OER may modify the requirements of this Section, based upon new information, additional facts or updated standards, as applicable, provided that such modification is equally protective. In such instances, OER shall provide the Department of Buildings with notice of such modification, stating that it does not object to the issuance of a building permit, or temporary or final certificate of occupancy.
* Ambient Noise Quality Regulations for an M2 District as set forth in the Noise Control Code for the City of New York, Article VI(B)