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98-10 Special Use and Parking Regulations Within the Special West Chelsea District
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The Commissioner of Buildings shall not issue any building permit for demolition, excavation or foundation work to be performed above or beneath the High Line or within 25 feet of support structures of the High Line, except by determination by such Commissioner that such work would not adversely affect the structural integrity of the High Line and by determination by the Commissioner of Parks that such work would not adversely affect the City's ability to inspect and maintain as necessary to ensure the structural integrity of the High Line.
The use regulations of the underlying districts are modified by the provisions of this Section, inclusive.
In Subarea H, the provisions of Section 32-25 (Use Group 16), paragraph D (Heavy Service, Wholesale or Storage Establishments) are modified to permit, in C6 Districts, warehouse uses only in cellars located wholly below curb level.
In Subarea K, the provisions of Section 42-10 (USES PERMITTED AS-OF-RIGHT), inclusive, shall be modified as follows:
- The following additional uses shall be permitted, provided that the floor space allocated to such uses does not exceed 25 percent of the total floor area of the building:
- from Use Groups 3 and 4, all uses, not otherwise permitted by the underlying regulations, other than those with sleeping accommodations;
- from Use Group 6A, food stores, including supermarkets, grocery stores or delicatessen stores, larger than 10,000 square feet;
- from Use Groups 6C, 9A, and 12B, all uses not otherwise permitted by the underlying regulations; or
- from Use Group 10A, all uses, not otherwise permitted by the underlying regulations, provided that the floor space allocated to such uses does not exceed 10 percent of the total floor area of the building.
The provisions of Section 52-77 (Termination of Adult Establishments) shall not apply to any adult establishment that located within the Special West Chelsea District after October 25, 1995 and prior to May 25, 2005, and which, as of May 25, 2005 and June 22, 2005, was an existing use and conformed to all provisions of Section 42-01 (Special Provisions for Adult Establishments) applicable to M1-5 Districts.
In any C6 District in the Special West Chelsea District, the provisions of Section 32-422 (Location of floors occupied by commercial uses) are modified to permit commercial uses on the same story as a residential use or on a story higher than that occupied by residential uses, provided that the commercial uses:
- are located in a portion of the building that has separate direct access to the street with no access to the residential portion of the building at any story; and
- are not located directly over any portion of a building containing dwelling units, except this limitation shall not preclude the location of:
- residential lobby space below or on the same story as commercial uses; or
- a commercial use that fronts on the High Line and is located within five feet of the level of the High Line bed.
In the Special West Chelsea District, the provisions of Sections 42-10 (USES PERMITTED AS-OF-RIGHT) and 42-30 (USES PERMITTED BY SPECIAL PERMIT) are modified to permit, as-of-right, without limitation, in M1 Districts, museums and non-commercial art galleries as listed in Use Group 3.
Except in Subarea J, the special ground floor use and glazing regulations of this Section apply to that portion of a building or other structure fronting on Tenth Avenue in the Special West Chelsea District. Ground floor uses in Subarea J shall be governed by the underlying use regulations as modified by Section 98-13 (Modification of Use Regulations in M1 Districts).
Uses within stories that have a floor level within five feet of curb level, and within 25 feet of the street line, shall be limited to commercial uses permitted by the underlying district or museums or non-commercial art galleries as listed in Use Group 3. A building's street frontage shall be allocated exclusively to such uses, except for lobby space or entryways. In no event shall the length of street frontage occupied by lobby space or entryways exceed, in total, 40 feet or 50 percent of the building's total street frontage, whichever is less.
For any building or portion of a building developed or enlarged after June 23, 2005, each ground floor street wall shall be glazed with materials which may include show windows, glazed transoms or glazed portions of doors. Such glazed area shall occupy at least 70 percent of such ground floor street wall surface. The lowest point at any point of transparency that is provided to satisfy the requirements of this Section shall be not higher than two feet above the level of the adjoining sidewalk or public access area and shall be no less than eight feet in height measured from such lowest point. Not less than 50 percent of such ground floor street wall surface shall be glazed with transparent materials, and up to 20 percent of such ground floor street wall may be glazed with translucent materials.
The transparency requirements of this Section shall apply to all portions of buildings developed or enlarged after June 23, 2005, within the High Line frontage of Subareas H and I, except for such portions that contain dwelling units. At least 70 percent of the area of such frontage, to be measured from a point not lower than four feet and not higher than eight feet above the level of the High Line bed shall be glazed and transparent and at least 75 percent of such glazed surface shall be fully transparent.
Any additions to the windows or other glazing located on the building wall separating the High Line from any building located on a zoning lot within Subarea J at the High Line level shall be designed to provide for a minimum of 30 dBA noise attenuation, and any general illumination fixtures in the adjoining interior portion of the building shall not exceed 50 foot-candles of illumination within four feet of such window or glazing and shall not be pointed directly at the High Line.
The sign regulations of the underlying districts in the Special West Chelsea District shall not apply to signs located within 50 feet of the High Line, except for signs located entirely below the level of the High Line bed. In lieu thereof, the sign regulations of a C1 District shall apply, except that accessory signs located within the High Line frontage may have a maximum height of 20 feet above the level of the High Line bed.
No signs affixed to or resting upon the High Line shall be permitted, except as pursuant to a signage plan for the High Line, as authorized by the City Planning Commission, provided the Commission finds that such signage plan will:
- enhance the use of the High Line by providing signage that is consistent with the use of the High Line as a public open space;
- provide, at a minimum, directional, informational and interpretive signage consistent with the use of the High Line as a public open space;
- be integrated with the design of the High Line open space; and
- not adversely affect development adjacent to the High Line and in the surrounding neighborhood.
Within Subarea K, the sign regulations of the underlying district shall apply. However, within 15 feet of the intersection of two streets, the provisions of Section 42-562 (Restriction on angle and height above curb level) shall not apply.
For the purposes of this Resolution, the High Line shall not be considered a railroad or transit right-of-way and the provisions of Sections 32-44 (Air Space Over a Railroad or Transit Right-of-way or Yard) and 42-462 (Use of railroad or transit air space) shall not apply.
The underlying provisions of Article III, Chapter 6 and Article IV, Chapter 4 (Accessory Off-street Parking and Loading Regulations) shall apply within the Special West Chelsea District, subject to modification by the regulations of this Section, inclusive.
Accessory off-street parking spaces for existing or new governmental offices may be located on a zoning lot other than the same zoning lot as the use to which such spaces are accessory, provided that:
- such spaces are located within Subarea H and in a facility, or portion thereof, that is entirely below curb level;
- the portion of such facility beneath the required public plaza area shown on Diagram 3 in Appendix A of this Chapter is sufficiently below curb level so that trees may be planted at curb level within such public plaza but is in no case less than four feet below curb level; and
- no more than 377 spaces are provided within such facility.
For purposes of this Section, the governmental offices on Block 688, Lots 1001-1002, as of June 23, 2005, may have up to 377 accessory off-street parking spaces in such facility.
In Subarea K, the provisions of Section 44-52 (Required Accessory Off-street Loading Berths) shall not apply to changes of use.
All exterior light sources located within the High Line frontage shall be shielded from direct view from the High Line.
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