84-30 Zone C
Zone C is designed to provide for commercial and mixed use development, parking and ancillary retail and service uses, as permitted pursuant to this Chapter. Zone C is divided into two subzones: C-1 and C-2. The location and boundaries of the subzones are shown in Appendix 3 of this Chapter. Except as expressly modified by the provisions of this Chapter, the regulations applying to a C6-6 District shall apply in Zone C of the Special Battery Park City District.
Use regulations applicable in C6-6 Districts shall apply subject to the provisions of Sections 84-031 (Special permit uses) and 84-032 (Uses not permitted). In addition, the following uses shall be permitted:
Indoor interactive entertainment facilities, with eating and drinking, consisting of mechanical, electronic or computer supported games provided that a minimum of four square feet of waiting area within the zoning lot shall be provided for each person permitted under the occupant capacity as determined by the New York City Building Code. The required waiting area shall be in an enclosed lobby and shall not include space occupied by stairs, corridors or restrooms.
Parking facilities, public, subject to Section 84-341
Physical culture or health establishments
Sporting goods or equipment, sale or rental, including instruction in skiing, sailing or skin diving, as permitted in Use Group 14
The height and setback regulations otherwise applicable in C6-6 Districts, and equivalent Residential Districts, are superseded by the regulations set forth in Section 84-332 (Mandatory front building walls) and 84-333 (Limited height of buildings) and Appendices 3.1 and 3.2.
Notwithstanding any other provisions of this Resolution, the permitted floor area ratio for any zoning lot shall not exceed 15.0. The floor area ratio for residential uses shall not exceed 10.0. The floor area bonus provisions shall not apply.
Appendix 3.1 specifies locations where a mandatory front building wall line is required. Buildings shall have a mandatory front building wall coincident with and constructed along such mandatory front building wall line for a minimum of 80 percent of the length of the frontage required to have the mandatory front building wall, which shall rise without setback for a height above curb level not less than 110 feet nor more than 140 feet in subzone C-1, and not less than 60 feet nor more than 140 feet in subzone C-2, except that the mandatory front building wall on Murray Street within subzone C-2 may rise without setback to the maximum height established pursuant to Section 84-333 (Limited height of buildings) and, provided further, that the mandatory front building wall requirement shall not apply to the building frontage along a pedestrian right-of-way in subzone C-2.
However, where Appendix 3.1 shows a mandatory front wall along Murray Street, such front building wall may be located either along the street line on Murray Street or at a right angle to North End Avenue within 30 feet from the intersection of Murray Street and North End Avenue.
At 140 feet above curb level, the building must set back at least 15 feet from the street line of Vesey Street, North End Avenue and Murray Street, except that there shall be no required setback along Murray Street in subzone C-2. Front wall recesses for architectural and decorative purposes are permitted in mandatory front walls, provided that:
(a) the aggregate area of front wall recesses below the maximum height of the required front wall is less than 50 percent of the required mandatory front building wall;
(b) the maximum depth of any recess shall be 20 feet;
(c) recesses with a depth of less than two feet shall not be considered recesses for the purposes of this Section; and
(d) recesses shall not be open to the sky.
The maximum height of any building or other structure, or portion thereof, shall not exceed 400 feet on any portion of subzone C-1 shown as a special height location in Appendix 3.2 of this Chapter, except that permitted obstructions, pursuant to Section 33-42, shall be allowed to penetrate a maximum height limit.
The maximum height of any building or other structure, or any portion thereof, located within subzone C-2 shall not exceed 180 feet above curb level, except that:
(a) the maximum height of any building or other structure, or portion thereof, shown as a special height location, shall not exceed the height set forth in Appendix 3.2; and
(b) Sections 23-62 and 33-42 (Permitted Obstructions) are hereby made inapplicable. Any portion of a building or other structure that exceeds an established height limit shall be subject to the following provisions:
(1) The following shall not be considered obstructions and may thus penetrate a maximum height limit:
(i) Chimneys or flues, with a total width not exceeding 10 percent of the aggregate width of street walls or a building at any level;
(ii) Decks, and other surfaces for recreational activities, not more than 3 feet, 6 inches in height, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher;
(iii) Elevator or stair bulkheads, roof water tanks, cooling towers or other accessory mechanical equipment (including enclosure walls), pursuant to Section 33-42;
(iv) Fences, wire, chain link or other transparent type;
(v) Flagpoles and aerials;
(vi) Parapet walls, not more than four feet in height, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher. A guardrail with a surface at least 70 percent open or with an opacity of not more than 30 percent (as viewed in elevation), shall be permitted above a parapet wall or within two feet of a parapet wall, provided such guardrail is not more than four feet above the accessible level of a roof. Such restriction on guardrail height shall not apply when located beyond two feet from a parapet wall;
(vii) Roof thickness, up to eight inches, to accommodate the addition of insulation, for buildings or portions of buildings constructed prior to April 30, 2012. For a building that has added roof thickness pursuant to this paragraph, (b)(1)(vii), an enlargement may align with the finished roof surface of such building, provided the enlarged portion does not exceed the maximum height limit by more than eight inches;
(viii) Rooftop greenhouses, permitted pursuant to Section 75-01 (Certification for Rooftop Greenhouses);
(ix) Skylights, clerestories or other daylighting devices, not more than four feet in height, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher. Such devices shall be limited to a lot coverage not greater than 10 percent of the lot coverage of the roof and be located at least eight feet from the street wall edge. However, such devices shall not be permitted obstructions above a roof with a slope greater than 20 degrees;
(x) Solar energy systems:
(a) on the roof of a building, up to four feet in height, as measured from the maximum height limit, or the finished level of the roof, whichever is higher;
(b) on the roof of a building, greater than four feet in height, as measured from the maximum height limit, or the finished level of the roof, whichever is higher, provided that all such portions above four feet are set back at least six feet from a street wall, limited to a lot coverage not greater than 25 percent of the lot coverage of the roof and do not exceed a height of 15 feet, or when located on a bulkhead or other obstruction pursuant to paragraph (f) of Section 33-42, do not exceed a height of six feet;
(c) on walls existing on April 30, 2012, projecting no more than 10 inches and occupying no more than 20 percent of the surface area of the building wall (as viewed in elevation) from which it projects.
However, any installation on a roof with a slope greater than 20 degrees shall be limited to 18 inches in height, as measured perpendicular to the roof surface;
(xi) Vegetated roofs, not more than 3 feet, 6 inches in height, excluding vegetation, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher. On roofs with slopes greater than 20 degrees, vegetated roofs shall be limited to a height of 12 inches measured perpendicular to such roof surface;
(xii) Weirs, check dams and other equipment for stormwater management, not more than 3 feet, 6 inches in height, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher.
(2) The maximum permitted size of enclosure walls surrounding elevator or stair bulkheads, roof water tanks, cooling towers and accessory mechanical equipment may be increased by authorization of the City Planning Commission, provided the Commission finds that:
(i) the width of such additional enclosure wall at each building face does not exceed 80 percent of the width of the enclosure wall as allowed in paragraph (b)(1) of this Section;
(ii) the additional area of the enclosure wall at each building face is not more than 50 percent of the area permitted as-of-right; and
(iii) the enclosure wall is compatible with the building and the urban design goals of the Special District and complements the design by providing a decorative top.
(c) In no event shall the height of any building, including permitted obstructions, exceed 800 feet above curb level.
Notwithstanding any other regulations of this Resolution, off-street parking spaces shall be permitted pursuant to this Section.
Accessory off-street parking spaces are not required in Zone C. However, a maximum of 300 public parking spaces are permitted in subzones C-1 and C-2 combined, provided that:
(a) such spaces shall be completely enclosed;
(b) no portion of the parking facility, other than entrances and exits, shall be visible from adjoining zoning lots, streets, parks or the Esplanade ;
(c) no exhaust vents shall open onto any street or park; and
(d) the parking facility shall not be more than 23 feet above curb level.
The number of required accessory loading berths in subzone C-2 may be reduced by up to 50 percent of the number required pursuant to Section 36-62 (Required Accessory Off-street Loading Berths).
Curb cuts are permitted only in locations indicated in Appendix 3.5 and along any street or right-of-way not shown on Appendix 3.5. The aggregate width of all curb cuts for subzone C-1 shall not exceed 50 feet. The aggregate width of all curb cuts for subzone C-2 shall not exceed 60 feet.