REZONING GREENWICH VILLAGE: AN ANALYSIS OF THE R7-2 DISTRICT Prepared for: GREENWICH VILLAGE SOCIETY FOR HISTORIC PRESERVATION

Prepared by: BFJ PLANNING

January 11, 2013

Rezoning Greenwich Village: An Analysis of the R7-2 District

Prepared for: Greenwich Village Society for Historic Preservation 232 East 11th Street New York, NY 10003 Andrew Berman, Executive Director

Prepared by: BFJ Planning 115 Fifth Avenue New York, NY 10003

DRAFT REPORT January 11, 2013

Table of Contents 1.0 I NTRODUCTION ....................................................................................................... 1 1.1 Brief History ................................................................................................................. 1 1.2 Existing Land Uses and Built Character .......................................................................... 4 1.3 Existing Zoning............................................................................................................. 5 1.4 Historic Districts and Landmarks ................................................................................... 8 2.0 REZONING SOUTH V ILLAGE ...................................................................................... 13 2.1 R7-2 Issues ................................................................................................................ 13 2.1.1 Noncontextual Towers ..................................................................................... 13 2.1.2 Community Facilities FAR ................................................................................. 14 2.2 Rezoning Precedents ................................................................................................... 15 2.2.2 East Village/Lower East Side Rezoning .............................................................. 15 2.2.3 Far West Village Rezoning ................................................................................ 15 2.3 Recommendations ...................................................................................................... 16 2.4 Next Steps.................................................................................................................. 21 List of Figures 1. Zoning Map ....................................................................................................................... 2 2. Study Area ......................................................................................................................... 3 3. Land Use Map .................................................................................................................... 7 4. Designated Historic Districts .............................................................................................. 10 5. Designated Landmarks ..................................................................................................... 11 6. Proposed South Village Historic District .............................................................................. 12 7. Development Patterns in the R7-2 District – Lower East Side ................................................ 13 8. R7-2, R7A and R7B Massing Diagrams .............................................................................. 17 9. Proposed Rezoning Map ................................................................................................... 18 10. ULURP Process Flow Chart .............................................................................................. 22 APPENDIX ................................................................................................................... 25

INTRODUCTION This study addresses the limitations of the current R7-2 zoning district that is mapped across a portion of the Greenwich Village neighborhood, south of Washington Square Park, known as the South Village. It addresses ongoing development pressures that could result in out-of-scale developments. The report first introduces the zoning issues currently facing this important part of Greenwich Village and then describes various zoning alternatives intended to address the need to preserve existing neighborhood scale, streetscape and distinctive character while at the same time allowing for new context-sensitive development in the Village. The R7-2 zone that is mapped across the portion of Greenwich Village south of Washington Square Park between LaGuardia Place/Thompson Street and Avenue of the Americas (the Study Area) has not changed since the last major revision of the City’s Zoning Map in 1961 (see Figures 1 and 2). This is a medium-density apartment house district allowing for a maximum floor area ratio (FAR) of 3.44 and an FAR of 6.5 for community facilities. If the existing R7-2 zoning remains unchanged, ongoing development pressures could result in new buildings that are inharmonious with the apartment buildings defining the neighborhood, and threaten the overall character of the built environment. For example, buildings constructed under height factor zoning could rise up to 14-16 stories and would not be required to be built to the street line. 1.1 Brief History The South Village is historically part of Manhattan’s Greenwich Village, and also overlaps with a portion of SoHo. It is generally bounded to the north by Washington Square Park and W. 4th Street; to the west by 7th Avenue and Varick Street; to the south by Canal Street; and to the east by W. Broadway and LaGuardia Place. The R7-2 district covers much of this area (see Figures 1 and 2). The neighborhood boasts a rich architectural and cultural history dating back to the mid19th Century, when the first Greek Revival rowhouses were built, many of which still stand today. As the United States industrialized during the second half of the 19th Century through World War I, waves of immigrants settled throughout lower Manhattan, including the South Village, and were housed in the rows of tenement buildings constructed to accommodate these “new New Yorkers.” As immigration waned during the 1920s, a cultural revolution took hold in the South Village, as artists, writers and musicians migrated from the world over, giving rise to America’s “premier bohemian neighborhood”. Small theaters, jazz clubs, speakeasies and coffeehouses became neighborhood institutions. These cultural enterprises served as breeding grounds for the 1950s Beat Generation and 1960s counterculture movement.

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R7-2 District Study Area C1-5 Commercial Overlay

Zoning Map and Study Area

Greenwich Village, NY

Figure 1 source: nyc dept. of city planning prepared by: bfj planning 2013

R7-2 Study Area

Study Area

Greenwich Village, NY

Figure 2 source: google earth pro prepared by: bfj planning 2013

According to the Greenwich Village Society for Historic Preservation, the danger currently facing the South Village is one of increasing development pressure, potentially resulting in demolition or alteration of historic structures, and the addition of new, out-of-context ones. In just the last few years, a home on W. 3rd Street which once housed Edgar Allen Poe was destroyed to make way for a 200-plus foot tall institutional structure, and several other typical houses and tenements have been demolished, largely on the district’s edges, to make way for new, and not necessarily very sensitive, construction. Development pressure is now encroaching from all sides as the area experiences tremendous increases in real estate value. The South Village’s appealing location for private and institutional development combined with its low scale and lack of historic district protections or zoning restrictions make this area ripe for significant development.

Distinctive architectural styles define the South Village neighborhood

1.2 Existing Land Uses and Built Character Land use in the area is predominantly residential with commercial ground floors. See Figure 3. Commercial zoning overlays in the area encourage continuous street-level retail and commercial uses that contribute to vibrant storefronts and pedestrian activity. Typical commercial uses in the area include small shops, restaurants, cafes and various neighborhood services. There are a few institutional buildings in the area, such as an NYU property (W. 3rd Street, between Sullivan and MacDougal Streets) and two places of worship: the Shrine Church of Saint Anthony of Padua at Sullivan and Houston Streets and Our Lady of Pompeii Church at Carmine and Bleecker Streets. Open space resources include Vesuvio Playground, Father Fagan Park, William F. Passannante Ballfield, Downing Street Playground, Father Demo Square, Minetta Green, Triangle and Playground and the West 4th Street Courts. There is one subway station within the Study Area: Spring Street (C and E lines). The overall built character is typified by 5- and 6-story multifamily walkup buildings with street walls that line up along the sidewalk and rise without setbacks to heights of 60 to 80 feet. There are several taller residential buildings, including the 16-story mixed use building (the Charlton House) on Avenue of the Americas between Vandam and Charlton Streets, and the 11-story 4

mixed-use building on W. 3rd Street and LaGuardia Pl., as well as some smaller scale buildings, such as MacDougal-Sullivan Gardens.

A typical block in the South Village, defined by multifamily walkups with continuous streetwalls

1.3 Existing Zoning R7-2 The Study Area is zoned R7-2, a medium-density residential district, with C1-5 commercial overlays. C1-5 is mapped along the west and east side of Avenue of the Americas; the west and east side of MacDougal Street between W. 3rd and Bleecker Streets; the west side of LaGuardia Place between W. 3rd and W. Houston Street; the north and south side of W. 3rd Street between Avenue of the Americas and LaGuardia Place; the north and south side of Bleecker Street between Jones Street and LaGuardia Place; and both sides of Minetta Street and Minetta Lane. See Figure 1. Residential and community facility uses are permitted in R7-2 zoning districts (Use Groups 1-4) with no height restrictions and a maximum floor area ratio (FAR) of 3.44 for residential uses and 6.5 for community facility uses. The R7-2 district regulations permit residential towers on large lots and allow new development that is out-of scale with the context of the South Village neighborhood. However, under Quality Housing, R7-2 districts have optional provisions for new buildings to line up with adjacent buildings, allowing new construction to provide a continuous street wall characteristic of historic residential neighborhoods in the area.

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C1-5 Commercial Overlay C1-5 is a commercial overlay aimed at local retail and service uses. The commercial overlay adds specified commercial uses to the residential and community facility used allowed by the underlying R7-2 district in order to encourage mixed use buildings and vibrant, 24/7 neighborhoods. C1-5 districts have a maximum FAR of 2.0 for commercial uses. Otherwise, residential, mixed commercial/residential and community facility uses in C1-5 commercial overlays are regulated by the bulk regulations of the underlying residential districts (in this case, R7-2). Commercial uses in mixed commercial and residential buildings in these districts cannot be located above the ground floor. C1-5 districts do not require parking.

C1-5 commercial overlays promote streetlevel retail stores, restaurants and neighborhood services

Quality Housing In the late 1980s, the Department of City Planning developed the optional Quality Housing program with height, bulk and setback regulations designed to produce a building form that is consistent with historic residential neighborhoods. The Quality Housing program, which is optional in R7-2 districts, permits slightly denser development in exchange for height limits and consistent street walls. On narrow streets (less than 75 feet wide) in R7-2 districts, the Quality Housing program allows 3.44 FAR buildings with a maximum base height of 60 feet and a maximum building height of 75 feet. On wide streets in R7-2 districts, Quality Housing allows buildings with up to 4.0 FAR with a maximum base height of 65 feet and a maximum building height of 80 feet.

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Land Use Map

Greenwich Village, NY

Figure 3 source: nyc oasis prepared by: bfj planning 2013

1.4 Historic Districts and Individual Landmarks Designated Historic Districts The study area contains or is surrounded by numerous New York City Historic Districts. These include the Greenwich Village Historic District (designated April 1969) and Extension II (designated June 2010); the Charlton-King-Vandam Historic District (designated August 1966); the SoHo-Cast Iron Historic District (designated August 1973) and Extension II (designated May 2010) and the NoHo Historic District (designated June 1999). Located in the middle of the study area is the MacDougal-Sullivan Gardens Historic District (designated August 1976). See Figure 4. Designated Landmarks There are a total of nine individual New York City designated landmarks located in the study area (see Figure 5):     

127, 129 and 131 MacDougal Street (June 8, 2004) 203 Prince Street (February 19, 1974) 83 and 85 Sullivan Street (May 15, 1973) 116 Sullivan Street (May 15, 1973) Judson Memorial Church and Judson Hall (May 17, 1966).

Any restoration, alteration, renovation, change to exterior, demolition or new construction requires a Certificate of No Effect, a Permit for Minor Work, or a Certificate of Appropriateness from the NYC Landmarks Preservation Commission.

203 Prince Street

127-131 MacDougal Street

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Insofar as the Study Area contains an historic landmark district and numerous individual landmarks, the zoning should reflect densities that are consistent with the historic built form. This is a position consistent with previous City policies in neighborhoods such as South Street Seaport, where Community Board 1 successfully applied for a new C6-2A contextual zoning designation, and in Tribeca, which was also rezoned to preserve the existing scale. In neighboring NoHo, the Landmarks Conservancy has advocated for this approach so that “building owners have options for adaptive use, that pressures for vertical additions are diminished, and that vacant buildings will not be neglected by their owners in the hopes that they will collapse or be demolished in order to make way for a larger structure.” Proposed South Village Historic District In December 2006, the Greenwich Village Society for Historic Preservation submitted a proposal to designate the South Village as a New York City historic district. The area proposed for designation comprises nearly the entire R7-2 district under analysis in this report, as well as additional blocks west of the R7-2 district. The boundaries of the proposed South Village Historic District adjoin several existing New York City historic districts, including the Greenwich Village Historic District, the Charlton-King-Vandam Historic District and the SoHo-Cast Iron Historic District, and include the MacDougal-Sullivan Gardens Historic District. In 2010, the City designated part of the proposed South Village Historic District as an extension of the Greenwich Village Historic District (Greenwich Village Historic Extension II). See Figure 6.

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R7-2 Study Area

Designated Historic Districts

Greenwich Village, NY

Figure 4 source: nyc landmark preservation commission prepared by: bfj planning 2013

1 2 3 4 5

Designated Landmarks

Greenwich Village, NY

DESIGNATED LANDMARKS 127-129-131 MacDougal St Judson Hall Memorial Church 203 Prince St 116 Sullivan St 83-85 Sullivan St

Figure 5 source: nyc lpc and bfj planning prepared by: bfj planning 2013

Existing Historic District Proposed South Village Historic District

Proposed South Village Historic District

Greenwich Village, NY

Figure 6 source: nyc lpc and gvshp prepared by: bfj planning 2013

2.0 REZONING SOUTH V ILLAGE 2.1 R7-2 Issues 2.1.1 Noncontextual Towers R7-2 districts do not have height limits and are instead governed by height factor regulations. Born of the Post-WWII American urban renewal movement, New York City’s height factor regulations were crafted to encourage tower-in-the-park developments: tall buildings situated on superblocks, surrounded by open space. These housing patterns can been seen in the public housing developments occupying areas of the Lower East Side that are currently mapped R7-2, particularly the Vladeck Houses and the LaGuardia Houses (see Figure 7). In essence, under the R7-2 height factor regulations, a taller building can be achieved by providing more open space on the property. Figure 7: The R7-2 District, Lower East Side

R7-2 districts promote “tower-in-thepark” development patterns, such as the public housing developments found in the Lower East Side.

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Taller buildings (e.g. 14 stories) set back from the street and surrounded by open space are inharmonious with the Village’s existing built character and pose a serious threat to the architectural, cultural and historical significance defining the neighborhood’s rich urban landscape. Evidence of adverse visual impacts resulting from out-of-context development in the South Village is found at the corner of W. 3rd Street and LaGuardia Place, where an 11-story residential structure was constructed over a two-story mixed use building. This height of this structure is nearly double that of the typical multi-family walkup building and its overall design appears aesthetically inconsistent with adjacent streetwalls.

The 11-story building at the corner of W. 3rd St. and LaGuardia Pl. towers over the 5-6 story walk-up buildings defining the South Village neighborhood.

2.1.2 Community Facilities FAR The R7-2 zone allows for a community facilities FAR of 6.5, which provides for as much as 90% additional bulk over that which can be achieved under the 3.44 residential FAR. This allowance can result in the construction of community facilities – such as hospitals and educational facilities – that are much greater in size than the lower density residential and mixed use buildings filling the neighborhood. One need not look further than the recently constructed NYU Kimmel Center on Washington Square Park South between LaGuardia Place and Thompson Street. This 11-story educational institution was constructed as-of-right under the existing R7-2 zoning and towers over the 5- and 6-story mixed use walk-ups that characterize the South Village. It is this type of as-of14

right development, permitted under the R7-2 community facilities FAR allowance, that could destroy the South Village’s cohesive urban landscape. 2.2 Rezoning Precedents Consistent with urban planning doctrines at the time, the 1961 Zoning Resolution encouraged the construction of tall, slender buildings surrounded by large open spaces. However, as this building form lost favor, and as the character of the older residential neighborhoods was interrupted by new out-of-scale development, the Department of City Planning sought to amend residential zoning controls (during the 1980s) to establish new “contextual districts”. The new contextual districts were so called because they maintain the familiar built form and character of the existing community. Since that time, the City Zoning Map has been amended in numerous neighborhoods to incorporate contextual zones which are denoted by a letter suffix, for example, R7A. The following outlines two recent zoning map amendments in lower Manhattan that set a strong precedent for rezoning the South Village. 2.2.1 East Village/Lower East Side Rezoning (2008) In November 2008, the New York City Department of City Planning adopted a zoning map change affecting more than 110 blocks in the East Village and Lower East Side. Similar to the South Village section of Greenwich Village, prior to the rezoning, the portion of these neighborhoods generally bounded by Third Avenue, E. 13th Street, Avenue D, Pitt Street, Delancey Street, Norfolk Street and Houston Street was zoned R7-2 with commercial overlays. The zoning map amendment changed the existing zoning to contextual zoning, included R7A and R7B zones intended to preserve and protect the existing lower-density urban landscape defining the East Village and Lower East Side while ensuring that new development is harmonious with the neighborhoods’ scale and character. 2.2.2 Far West Village Rezoning (2009) Another successful contextual rezoning was recently approved in the neighboring Far West Village. The zoning map amendment covers a 14-block area of the far western part of the West Village, generally bounded by Horatio Street to the north, West street to the west, Morton Street to the south and Washington Street to the east. This rezoning was effectuated concurrently with several proposals from the Landmarks Preservation Commission to extend the Greenwich Village Historic District and create a new historic district, and will help limit the height and bulk of new buildings.

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2.3 Recommendations Rezone the Existing R7-2 district to R7A and R7B Contextutal Zones. It is recommended that the R7-2 zone currently mapped across the South Village study area be rezoned to reflect existing densities and protect against future out-of-context development that could occur as-of-right under the R7-2 zone. Figure 8 provides three illustrate taken from the Zoning Handbook, as published by the New York City Department of City Planning in 2011. They illustrate a prototypical building that could be built under the existing R7-2 zone and also buildings that could be built under the R7A and an R7B contextual zones. Table 1 compares these three zones in terms of FAR and height. This report recommends that R7B be mapped on the neighborhood’s narrower streets, including W. 3rd, Bleecker, Prince, Spring, MacDougal, Sullivan, Thompson and Minetta Streets, as well as Minetta Place. The R7B controls prescribe a clear set of parameters for all new construction and enlargements including minimum and maximum base height requirements (min.: 40’ min.; 60’ max.) and a maximum building height of 75 feet. Under this option, the maximum permitted FAR for residential uses would be reduced from 3.44 to 3.0. The most significant change would be the reduction in the maximum permitted FAR for community facility uses; a rezoning from R7-2 to R7B would reduce the community facility FAR by more than 50%—from 6.5 to 3.0. R7A would be mapped on the wider streets in the study area, including Avenue of the Americas, Houston Street and LaGuardia Place. The R7A zone would better reflect the overall character of the South Village, which is mainly residential with ground floor commercial use. R7A allows for slightly higher buildings (80 ft.) than R7B, and also allows for a higher residential and community facility FAR (4.0 for both uses). This recommendation would achieve the Greenwich Village Society for Historic Preservation’s goal of preserving and protecting the South Village’s low-rise built character, while allowing new, contextual infill development. Figure 9 shows the recommended remapping of R7-2 to R7A and R7B. The existing C1-5 commercial overlay districts would remain in place. It is also recommended that, along the north side of Houston Street between Avenue of the Americas and LaGuardia Place, where existing ground floor commercial uses exist, a new C1-5 commercial overlay be mapped. See Figure 9.

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R7-2 Existing Zoning

R7A Proposed Zoning for Wide Streets

R7B Proposed Zoning for Narrow Streets

R7-2, R7A, R7B Massing Diagrams

Greenwich Village, NY

Figure 8 source: nyc dept. of city planning

- zoning handbook

R7-A R7-B Study Area

Recommended Zoning Map Amendments

Greenwich Village, NY

Figure 9 source: nyc dcp and bfj planning prepared by: bfj planning 2013

Table 1 R7-2 with commercial overlay C1-5 (Existing) Zoning Permitted Designation Uses Maximum FAR 3.44 residential 1 R7-2 General 6.5 community Residence Use Groups facility District 1-4 2.0 commercial R7A with commercial overlay C1-5 (Proposed) Zoning Permitted Designation Uses Maximum FAR R7A General 4.0 residential Residence 4.0 community District Use Groups facility 3 (contextual) 1-4 2.0 commercial R7B with commercial overlay Zoning Permitted Designation Uses R7B General Residence Use Groups District 1-4 (contextual)

Minimum Base Height

Maximum Base Height

Maximum Building Height

No height restrictions 2

Minimum Base Height

Maximum Base Height

Maximum Building Height

40 feet

65 feet

80 feet

Minimum Base Height

Maximum Base Height

Maximum Building Height

40 feet

60 feet

75 feet

C1-5 (Proposed) Maximum FAR 3.0 residential 3.0 community facility 3 2.0 commercial

Note: Rear Yard requirements remain the same for R7-2, R7A and R7B. See Appendix for Zoning Code text.

1 2

3

This may be increased up to 4.0 FAR with Quality Housing. See NYC Zoning Resolution, Section 23-145. Height is controlled by the height and setback and sky exposure plane requirements of Section 23-632. The maximum height of a front building wall is 60 feet, or 6 stories, whichever is less. Buildings must then set back either 20 feet (on a narrow street) or 15 feet (on a wide street). See NYC Zoning Resolution, Section 24-11.

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Proposed South Village Historic District In 2006, the Greenwich Village Society for Historic Preservation submitted a proposal to designate the South Village as a New York City historic district; the City designated part of the proposed South Village Historic District as an extension of the Greenwich Village Historic District (Greenwich Village Historic Extension II). The remaining area proposed for designation comprises nearly the entire R7-2 district under analysis in this report, as well as additional blocks west of the R7-2 district. See Figure 6. Landmark district designation would implement the requirement that new as-of-right projects be subject to design review, thereby further protecting the neighborhood’s unique urban landscape. The recommendation to rezone the existing R7-2 district to R7A and R7B is consistent with the goals of the South Village historic district proposal. In 2010, the City designated part of the proposed South Village Historic District as an extension of the Greenwich Village Historic District (Greenwich Village Historic Extension II)

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2.4 Next Steps The following section outlines possible next steps in pursuing an amendment to the zoning map. All changes to the City’s zoning map are subject to the Uniform Land Use Review Process (ULURP), which requires approval from the City Planning Commission and ultimately the City Council. A private Applicant or a non-profit organization, such as GVSHP, can file a ULURP application for a zoning map change. Another option for Greenwich Village Society for Historic Preservation would be to file a joint ULURP application with Community Board 2. The entire ULURP process can take up to a year and sometimes longer depending on the complexity of the proposal. In tandem with the ULURP approvals process, an application must also receive environmental approvals under the City’s Environmental Quality Review process. Figure 10 provides a flow chart describing the ULURP approvals process. The following is a summary of the full ULURP process and is based on current information from the New York City Department of City Planning’s website. This summary also assumes a straightforward approvals process. 1. Pre-Certification (no time limit): During this initial phase, the ULURP application and all necessary CEQR documents should be prepared in draft form. At this early stage it is advisable to meet with the local Community Board and with the Manhattan Borough Office of the Department of City Planning. This can result in a more efficient approvals process. The ULURP application should then be submitted to the Manhattan Borough Office for review. A the same time, the required CEQR documents including an Environmental Assessment Statement (EAS) should be submitted to the Environmental Review Division of the Department of City Planning. If the application and CEQR documents satisfy City Planning staff, then the application will be scheduled for certification by the City Planning Commission. 2. Certification and Referral (up to 90 days): Once the Planning Commission has certified the application as complete, it will then refer the application out to the local community board for a maximum of 60 days for comments. The Borough President then has 30 days to comment. During the referral, the community board will hold its own public meeting to vote on the application. 3. City Planning Commission Public Hearing and Vote (60 days): After referral, the Planning Commission has 60 days to schedule a public hearing, then a vote. If the project is approved it will be recommended in a report to the New York City Council. 4. City Council (65 days): The City Council has 50 days to act. After this, the Mayor has the power to overturn the Council’s decision within 5 days, but a 2/3 majority vote of the City Council has ultimate authority as to whether to reject, approve or modify a planning application. This final decision is made within 10 days.

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ULURP

Greenwich Village, NY

Figure 10a source: nyc dept. of city planning

APPENDIX

Zoning Text: R7A and R7B 23-47 23-633 24-10

Minimum Required Rear Yards Street Wall location and height and setback regulations in certain districts Floor Area and Lot Coverage Regulations

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Basic Regulations - Rear Yards (4/30/08) 23-47 Minimum Required Rear Yards R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 In all districts, as indicated, a #rear yard# with a depth of not less than 30 feet shall be provided at every #rear lot line# on any #zoning lot# except as otherwise provided in Sections 2352(Special Provisions for Shallow Interior Lots), 23-53 (Special Provisions for Through Lots) or 23-54 (Other Special Provisions for Rear Yards). #Rear yards# shall also be provided along portions of #side lot lines# as set forth in Section 23-471 (Beyond one hundred feet of a street line). 23-633 Street wall location and height and setback regulations in certain districts R6A R6B R7A R7B R7D R7X R8A R8B R8X R9A R9D R9X R10A R10X In the districts indicated, #street wall# location and height andsetback regulations are set forth in this Section. The height of all #buildings or other structures# shall be measured from the #base plane#. The provisions of Sections 23-64 (Alternate Front Setbacks) and 23-65 (Tower Regulations) shall not apply, except as otherwise set forth for #buildings# in R9D and R10X Districts. (a) #Street wall# location R6A R7A R7D R7X R9D (1) In the districts indicated, for all #buildings#, and for #Quality Housing buildings# on #wide streets# in R6 or R7 Districts without a letter suffix, the #street wall# shall be located no closer to the #street line# than the closest #street wall# of an existing #building# to such #street line#, located on the same #block#, and within 150 feet of such #building#. However, a #street wall# need not be located further from the #street line# than 15 feet. On #corner lots#, these #street wall# location provisions shall apply along only one #street line#.

R6B R7B R8B (2)

In the districts indicated, for all #buildings#, and for #Quality Housing buildings# on #narrow streets# in R6 and R7 Districts without a letter suffix, the #street wall# of a #building# on a #zoning lot# with at least 50 feet of frontage along a #street line# shall be located no closer to the #street line# than the #street wall# of an adjacent existing #building#. On #zoning lots# with less than 50 feet of frontage along a #street line#, the #street wall# shall be located no closer to nor further from the #street line# than the #street wall# of an adjacent existing #building#. For all #zoning lots#, the #street wall# need not be located further from a #street line# than 15 feet. On #corner lots#, the #street wall# along one #street line# need not be located further from the #street line# than five feet.

R8A R8X R9A R9X R10A R10X (3)

In the districts indicated, for all #buildings#, and for #Quality Housing buildings# in R8 or R9 Districts without a letter suffix, and in other R10 Districts, the following #street wall# location provisions shall apply along #wide streets# and along #narrow streets# within 50 feet of their intersection with a #wide street#: (i) the #street wall# shall extend along the entire #street# frontage of a #zoning lot#; (ii) at least 70 percent of the #aggregate width of street walls# shall be located within eight feet of the #street line# and extend to at least the minimum base height specified in the table in this Section or the height of the #building#, whichever is less. The remaining 30 percent of the #aggregate width of street walls# may be recessed beyond eight feet of the #street line# provided any such recesses deeper than 10 feet along a #wide street# or 15 feet along a #narrow street# are located within an #outer court#; and (iii) the #street wall# location provisions of paragraph (a)(3) of this Section, inclusive,

shall not apply to houses of worship. No #street wall# location provisions shall apply along any #narrow street# beyond 50 feet of their intersection with a #wide street#. R6A R6B R7A R7B R7D R7X R8A R8B R8X R9A R9D R9X R10A R10X (b)

Setback regulations In the districts indicated, for all #buildings or other structures#, and for #Quality Housing buildings# in other R6, R7, R8, R9 and R10 Districts, setbacks are required for all portions of #buildings or other structures# that exceed the maximum base height specified in the table in this Section. Such setbacks shall be provided in accordance with the following regulations: (1)

At a height not lower than the minimum base height or higher than the maximum base height specified in the table in this Section, a setback with a depth of at least 10 feet shall be provided from any #street wall# fronting on a #wide street#, and a setback with a depth of at least 15 feet shall be provided from any #street wall# fronting on a #narrow street#, except such dimensions may include the depth of any permitted recesses in the #street wall#.

(2)

On #narrow streets#, where a #street wall# is required to be located further than 10 feet from a #street line# in accordance with paragraph (a) of this Section, the depth of the required setback above the minimum base height may be reduced one foot for every foot that the #street wall# is required to be located beyond 10 feet of the #street line#, but in no event shall a setback less than 10 feet in depth be provided above the minimum base height.

(3)

These setback provisions are optional for any #building# wall that is either located beyond 50 feet of a #street line# or oriented so that lines drawn perpendicular to it, in plan, would intersect a #street line# at an angle of 65 degrees or less. In the case of an irregular #street line#, the line connecting the most extreme points of intersection shall be deemed to be the #street line#. Furthermore, dormers provided in accordance with the provisions of Section 23-621 may penetrate a required setback area.

(4)

(c)

In R9D Districts, for #buildings or other structures# on #zoning lots# that front upon an elevated rail line,at a height between grade level and 25 feet, a setback with a depth of at least 20 feet shall be provided from the #street line# fronting on such elevated rail line. The depth of such setback may be reduced by one foot for every foot that the depth of the #zoning lot#, measured perpendicular to the elevated rail line, is less than 110 feet, but in no event shall a setback less than 10 feet in depth be provided.

Maximum #building# height No #building or other structure# shall exceed the maximum #building# height specified in the table in this Section, except as otherwise provided below: R9D R10X In the districts indicated, any #building or other structure#, or portions thereof, which in the aggregate occupies not more than 40 percent of the #lot area# of a #zoning lot# (or, for #zoning lots# of less than 20,000 square feet, the percentage set forth in the table in Section 23-651), above a height of 85 feet above the #base plane#, is hereinafter referred to as a tower. Dormers permitted within a required setback area pursuant to Section 23-621 (Permitted obstructions in certain districts) shall not be included in tower coverage. Such tower or towers may exceed a height limit of 85 feet above the #base plane# provided: (1)

at all levels, such tower is set back from the #street wall# of a base at least 15 feet along a #narrow street# and at least 10 feet along a #wide street#, except such dimensions may include the depth of any permitted recesses in the #street wall#;

(2)

the base of such tower complies with the #street wall# location provisions of paragraph (a) of this Section and the setback provisions of paragraph (b) of this Section; and

(3)

the minimum coverage of such tower above a height of 85 feet above the #base plane# is at least 33 percent of the #lot area# of the #zoning lot#; however, such

minimum coverage requirement shall not apply to the highest 40 feet of such tower. (4)

In R9D Districts, the highest four #stories#, or as many #stories# as are located entirely above a height of 165 feet, whichever is less, shall have a #lot coverage# of at least 50 percent of the #story# immediately below such #stories#, and a maximum #lot coverage# of 80 percent of the #story# immediately below such #stories#. Such reduced #lot coverage# shall be achieved by one or more setbacks on each face of the tower, where at least one setback on each tower face has a depth of at least four feet, and a width that, individually or in the aggregate, is equal to at least 10 percent of the width of such respective tower face. For the purposes of this paragraph, (c)(4), each tower shall have four tower faces, with each face being the side of a rectangle within which the outermost walls of the highest #story# not subject to the reduced #lot coverage# provisions have been inscribed. The required setbacks shall be measured from the outermost walls of the #building# facing each tower face. Required setback areas may overlap.

(5)

In R9D Districts, for towers fronting on elevated rail lines, the outermost walls of each #story# located entirely above a height of 85 feet shall be inscribed within a rectangle. The maximum length of any side of such rectangle that is parallel or within 45 degrees of being parallel to such elevated rail line shall be 125 feet, or 75 percent of the frontage of the #zoning lot# along such elevated rail line, whichever is less.

R6A R6B R7A R7B R7D R7X R8A R8B R8X R9A R9D R9X R10A R10X (d)

Additional regulations In the districts indicated, for all #buildings#, and for #Quality Housing buildings# in other R6, R7, R8, R9 and R10 Districts, the following additional regulations shall apply: (1)

Existing #buildings# may be vertically #enlarged# by up to one #story# or 15 feet without regard to the #street wall# location requirements of paragraph (a) of this Section.

(2)

On #through lots# which extend less than 180 feet in maximum depth from #street# to #street#, the #street wall# location requirements of paragraph (a) of this Section shall be mandatory along only one #street# frontage.

(3)

The #street wall# location and minimum base height provisions of paragraph (a) of this Section shall not apply along any #street# frontage of a #zoning lot# occupied by #buildings# whose #street wall# heights or widths will remain unaltered.

(4)

The minimum base height provisions of paragraph (a) of this Section shall not apply to #buildings developed# or #enlarged# after February 2, 2011, that do not exceed such minimum base heights, except where such #buildings# are located on #zoning lots# with multiple #buildings#, one or more of which is #developed#, #enlarged# or altered after February 2, 2011, to a height exceeding such minimum base heights.

(5)

The City Planning Commission may, upon application, authorize modifications in the required #street wall# location if the Commission finds that existing #buildings#, or existing open areas serving existing #buildings# to remain on the #zoning lot#, would be adversely affected by the location of the #street walls# in the manner prescribed in this Section.

(6)

For any #zoning lot# located in a Historic District designated by the Landmarks Preservation Commission, the minimum base height and #street wall# location regulations of this Section, or as modified in any applicable Special District, shall be modified as follows: (i)

The minimum base height of a #street wall# may vary between the height of the #street wall# of an adjacent #building# before setback, if such height is lower than the minimum base height required, up to the minimum base height requirements of this Section, or as modified in any applicable Special District.

(ii) The maximum base height of a #street wall# may vary between the height of the #street wall# of an adjacent #building# before setback, if such

height is higher than the maximum base height allowed, and the maximum base height requirements of this Section, provided that such height not exceed 150 feet and provided such #zoning lot# is located within the area bounded by West 22nd Street, a line 100 feet west of Fifth Avenue, a line midway between West 16th Street and West 17th Street, and a line 100 feet east of Sixth Avenue. (iii)The location of the #street wall# of any #building# may vary between the #street wall# location requirements of this Section, or as modified in any applicable Special District, and the location of the #street wall# of an adjacent #building# fronting on the same #street line#. (7)

In R9D Districts, where a #building# on an adjacent #zoning lot# has #dwelling unit# windows located within 30 feet of a #side lot line# of the #development# or #enlargement#, an open area extending along the entire length of such #side lot line# with a minimum width of 15 feet shall be provided. Such open area may be obstructed only by the permitted obstructions set forth in Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

MINIMUM BASE HEIGHT, MAXIMUM BASE HEIGHT AND MAXIMUM BUILDING HEIGHT

District R6B R6 R6 inside #Manhattan Core# R6 outside #Manhattan Core#; R6A R7B, R7, R7 inside #Manhattan Core# R7A, R7 outside #Manhattan Core# R7D R7X R8B R8 R8 R8A R8X R9 R9A R9A R9 R9D R9X R9X R10 R10A R10 R10A R10X

Minimum Base Height 30 30

Maximum Base Height 40 45

Maximum #Building or other Structure# Height 50 55

40

55

65

40

60

70

40

60

75

40

65

80

60 60 55 60 60 60 60

85 85 60 80 85 85 95

100 125 75 105 120 150 135

60 6 60 105 60 125 60

102 85 120 120 125 150 85

145 -160 170 185 210 --

(2/2/11) 24-11 Maximum Floor Area Ratio and Percentage of Lot Coverage R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 In all districts, as indicated, for any #zoning lot#, the maximum #floor area ratio# and maximum percent of #lot coverage# for a #community facility use# shall not exceed the #floor area ratio# and #lot coverage# set forth in the table in this Section, except as otherwise provided in the following Sections: Section 24-13 (Floor Area Bonus for Deep Front and Wide Side Yards) Section 24-14 (Floor Area Bonus for a Public Plaza) Section 24-15 (Floor Area Bonus for Arcades) Section 24-17 (Special Provisions for Zoning Lots Divided by District Boundaries). Any given #lot area# shall be counted only once in determining the #floor area ratio#. Notwithstanding any other provision of this Resolution, the maximum #floor area ratio# in an R9 or R10 District shall not exceed 12.0. In R9A, R9D, R9X, R10A and R10X Districts, the bonus provisions of Sections 24-14 (Floor Area Bonus for a Public Plaza) and 2415 (Floor Area Bonus for Arcades) shall not apply and the maximum #floor area ratio# shall not exceed that set forth in the following table:

MAXIMUM FLOOR AREA AND MAXIMUM LOT COVERAGE #Lot coverage# (percent of #lot area#)

#Floor Area Ratio# 1.00 1.00 1.00 2.00 2.00 4.80 3.00 2.00 4.80 6.50 4.00 3.00 4.20 5.00 6.50 6.50 4.00 6.00 10.00 7.50 9.00 9.00 10.00 10.00

#Corner Lot# 60 60 60 60 60 70 80 80 70 70 80 80

#Interior Lot# or #Through Lot# 55 55 55 55 55 65 60 60 65 65 65 65

District R1 R2 R3 R4 R5 R5A R5B R6 R6A R5D R6B R7-1 R7-2 R7A R7B

80 80 75 80 80 80 75 80 80 80 75 100

65 70 65 70 70 70 65 70 70 70 65 70

R7D R7X R8 R8A R8B R8X R9 R9A R9D R9X R10 R10A R10X

However, the #floor area ratios# listed in this table shall not apply to #community facility uses# that are subject to the provisions of Section 24-111 (Bulk regulations for certain community facility uses). Within the boundaries of Community District 7 in the Borough of Manhattan, all #zoning lots# in R10 Districts, except R10A or R10X Districts, shall be limited to a maximum #floor area ratio# of 10.0.

In R9 or R10 Districts, the bonus provisions of Sections 24-14 (Floor Area Bonus for a Public Plaza) or 24-15 (Floor Area Bonus for Arcades) shall apply only to a #development# or #enlargement# with 25 percent or less of the total #floor area# of the #building# in #residential use#. (2/2/11) 24-111 Maximum floor area ratio for certain community facility uses R1 R2 (a)

In the districts indicated, for any #zoning lot# containing #community facility uses# other than those #uses# for which a permit is required pursuant to Sections 22-21 (By the Board of Standards and Appeals), 73-12 (Community Facility Uses in R1 or R2 Districts) and 73-13 (Open Uses in R1 or R2 Districts), or where #bulk# modification is authorized pursuant to Section 74- 901 (Bulk modifications for certain community facility uses), the maximum #floor area ratio# shall not exceed the #floor area# permitted for #residential uses# by the applicable district regulations. The provisions of this paragraph shall not apply to #buildings# for which plans were filed with the Department of Buildings prior to November 15, 1972, including any subsequent amendments thereof.

R3 R4 R5 R6 R7 R8 R9 (b)

In the districts indicated, the maximum #floor area ratio# on a #zoning lot# for the following #community facility uses# as listed in Use Group 3: (1)

nursing homes, health-related facilities or domiciliary care facilities for adults, each of which have secured certification by the appropriate governmental agency;

(2)

sanitariums; or

(3)

philanthropic or non-profit institutions with sleeping accommodations;shall be as set forth in the table in this Section, except where such #floor area ratio# is modified pursuant to Section 74-902(Bulk modifications for certain community facility uses).

The provisions of paragraph (b) of this Section are not applicable in R8B Districts in Community Board 8 in the Borough of Manhattan. MAXIMUM FLOOR AREA RATIO FOR CERTAIN COMMUNITY FACILITY USES

District R3 R4 R5, R5A, R5B R5D, R6B R6

Maximum #Floor Area Ratio# Permitted 0.50 0.75 1.27 2.00 2.43

R7B, R6A

3.00

R7 R7D R7X

3.44 4.20 5.00

R7A, R8B

4.00

R8, R8A R8X R9 R9A R9D R9X

6.02 6.00 7.52 7.50 9.00 9.00

CREDITS

GREENWICH VILLAGE SOCIETY FOR HISTORIC PRESERVATION 232 East 11th Street New York, NY 10003 212.475.9585 Andrew Berman, Executive Director

BFJ PLANNING 115 Fifth Avenue New York, NY 10003 212.353.7474 Frank Fish, FAICP, Principal John West, Senior Associate Michael R. Keane, AICP, Senior Planner