Chapter 5 - Special Bay Street Corridor District (BSC)
The "Special Bay Street Corridor 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 encourage well-designed buildings that complement the built character of the St. George, Stapleton and Tompkinsville neighborhoods;
(b) to achieve a harmonious visual and functional relationship with the adjacent neighborhoods;
(c) to maintain and reestablish physical and visual public access to the Stapleton neighborhood and to the waterfront;
(d) to enhance neighborhood economic diversity by broadening the range of housing choices for residents at varied incomes;
(e) to provide flexibility to attract new commercial and retail uses and support the existing businesses that define the area;
(f) to create a livable community combining housing, retail and other uses throughout the district;
(g) to create a walkable, urban streetscape environment through a mix of ground floor uses that connect the town centers of St. George and Stapleton;
(h) to create a lively and attractive built environment that will provide daily amenities and services for the use and enjoyment of area residents, workers and visitors;
(i) to provide flexibility of architectural design within limits established to assure adequate access of light and air to the street, and thus to encourage more attractive and economic building forms; and
(j) to promote the most desirable use of land in accordance with a well-considered plan and thus conserve the value of land and buildings, and thereby protect the City's tax revenues.
The provisions of this Chapter shall apply within the Special Bay Street Corridor District. The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control.
District maps are located in Appendix A of this Chapter and are hereby incorporated and made an integral part of this Resolution. They are incorporated for the purpose of specifying locations where special regulations and requirements, as set forth in the text of this Chapter, apply.
Map 1 - Special Bay Street Corridor District, Subdistricts and Subareas
Map 2 - Location of Visual Corridors
In order to carry out the purposes and provisions of this Chapter, five subdistricts are established as follows:
Within Subdistrict B, subareas are established as follows:
Within Subdistrict D, subareas are established as follows:
The location and boundaries of these subdistricts are shown on Map 1 (Special Bay Street Corridor District and Subdistricts) in Appendix A of this Chapter.
The definition of "lower density growth management area" in Section 12-10 shall exclude all districts within the Special Bay Street Corridor District.
Any building containing residences, long-term care facilities or philanthropic or non-profit institutions with sleeping accommodations that is constructed in accordance with the bulk regulations of this Chapter shall be considered a Quality Housing building, and shall comply with the provisions of Article II, Chapter 8 (The Quality Housing Program).
For the purposes of applying the Inclusionary Housing Program set forth in Section 23-90, the Special Bay Street Corridor District shall be a Mandatory Inclusionary Housing area.
For zoning lots in Subdistrict D containing a Use Group 16 or 17 use operated in support of a public service or public transportation facility and existing on June 26, 2019, the provisions of this Chapter shall not apply. In lieu thereof, the provisions of an M1-1 District shall apply.
The underlying use regulations are modified by the provisions of this Section, inclusive.
For the purposes of applying to this Chapter the special ground floor level streetscape provisions set forth in Section 37-30, any portion of a ground floor level street frontage along Bay Street, as well as any street frontage within 50 feet of Bay Street, shall be considered a primary street frontage. A ground floor level street frontage along any other street shall be considered a secondary street frontage. For the purposes of this Section, inclusive, defined terms shall include those in Sections 12-10 and 37-311.
The provisions of this Section shall apply to developments or ground floor level enlargements.
(a) Along primary street frontages
For buildings, or portions thereof, with primary street frontage, uses on the ground floor level, to the minimum depth set forth in Section 37-32 (Ground Floor Depth Requirements for Certain Uses), shall be limited to non-residential uses, except for Type 1 lobbies and entrances and exits to accessory parking spaces provided in accordance with the applicable provisions of Section 37-33 (Maximum Width of Certain Uses). Group parking facilities located on the ground floor level shall be wrapped by floor area in accordance with the provisions of paragraph (a) of Section 37-35 (Parking Wrap and Screening Requirements). Ground floor level street walls shall be glazed in accordance with the provisions set forth in Section 37-34 (Minimum Transparency Requirements).
For zoning lots with a lot area of less than 5,000 square feet existing both on June 26, 2019 and on the date of application for a building permit, the provisions of this paragraph (a) shall not apply. In lieu thereof, the provisions of paragraph (b) of this Section shall apply.
In flood zones, where no transparent materials or building entrances or exits are provided on the ground floor level street wall below a height of four feet above the level of the adjoining sidewalk for a continuous width of at least 15 feet, visual mitigation elements shall be provided in accordance with Section 135-12 (Special Streetscape Provisions for Blank Walls) for such blank wall.
(b) Along secondary street frontages
For buildings, or portions thereof, with secondary street frontage, all uses permitted by the underlying district shall be permitted on the ground floor level, provided that any accessory off-street parking spaces on the ground floor level shall be wrapped or screened in accordance with Section 37-35.
The level of the finished floor of such ground floor shall be located not higher than five feet above nor lower than five feet below the as-built level of the adjoining street.
Where visual mitigation elements are required on a blank wall along the ground floor level street wall pursuant to the provisions of Section 135-11 (Ground Floor Use Regulations), at least 75 percent of the linear footage of any such blank wall shall be treated by one or more of the following visual mitigation elements:
Where utilized as a visual mitigation element, any combination of perennials, annuals, decorative grasses or shrubs shall be provided in planting beds, raised planting beds or planter boxes in front of the street wall. Each foot in width of a planting bed, raised planting bed or planter box, as measured parallel to the street wall, shall satisfy one linear foot of frontage mitigation requirement. Such planting bed shall extend to a depth of at least three feet, inclusive of any structure containing the planted material. Any individual planted area shall have a width of at least five feet, and the height of such planting, inclusive of any structure containing the planted materials, shall be at least three feet.
Where a blank wall exceeds a street wall width of 50 feet, at least 25 percent of such street wall width shall be planted in accordance with the provisions of this paragraph.
Where utilized as a visual mitigation element, fixed benches with or without backs shall be provided in front of the street wall. Unobstructed access shall be provided between such benches and an adjoining sidewalk or required circulation paths. Each linear foot of bench, as measured parallel to the street wall, shall satisfy one linear foot of frontage mitigation requirement. Any individual bench shall have a width of at least five feet, and no more than 20 feet of benches may be used to fulfill such requirement per 50 feet of frontage.
(c) Bicycle racks
Where utilized as a visual mitigation element, bicycle racks, sufficient to accommodate at least two bicycles, shall be provided in front of the street wall, and oriented so that the bicycles are placed parallel to the street wall. Each bicycle rack so provided shall satisfy five linear feet of frontage mitigation requirement. No more than three bicycle racks may be used to fulfill such requirement per 50 feet of frontage.
(d) Tables and chairs
Where utilized as a visual mitigation element, fixed tables and chairs shall be provided in front of the street wall. Each table shall have a minimum diameter of two feet, and have a minimum of two chairs associated with it. Each table and chair set so provided shall satisfy five linear feet of frontage mitigation requirement.
(e) Wall treatment
Where utilized as a visual mitigation element, wall treatment, in the form of permitted signs, graphic or sculptural art, rustication, decorative screening or latticework, or living plant material, shall be provided along the street wall. Each linear foot of wall treatment shall constitute one linear foot of frontage mitigation requirement. Such wall treatment shall extend to a height of at least 10 feet, as measured from the level of the adjoining sidewalk or grade, and have a minimum width of 10 feet, as measured parallel to the street wall.
All visual mitigation elements shall be provided on the zoning lot, except where such elements are permitted within the street under other applicable laws or regulations.
Within the Special Bay Street Corridor District, a physical culture or health establishment shall be permitted as-of-right in Commercial Districts. For the purposes of applying the underlying regulations to such use, a physical culture or health establishment shall be considered a Use Group 9 use and shall be within parking requirement category PRC-B.
Within the Special Bay Street Corridor District, breweries, as listed in Use Group 18A, shall be permitted in Commercial Districts provided that:
(a) the size of such brewery does not exceed 30,000 square feet; and
(b) any brewery developed or enlarged after June 26, 2019, shall contain an accessory eating or drinking establishment.
For the purposes of applying the underlying regulations, such brewery shall be considered a Use Group 11A use and shall be within parking requirement category PRC-F. The performance standards for an M1 District set forth in Section 42-20, inclusive, shall apply to such breweries.
In Subdistricts A, B and C, the underlying provisions of Section 32-421 (Limitation on floors occupied by commercial uses) shall be modified as follows:
(a) For mixed buildings, offices, as listed in Use Group 6B, shall be permitted on the lowest two stories of a building, provided that no access exists between such offices and any residential uses;
(b) For commercial buildings, the provisions restricting the location of uses listed in Use Group 6A, 6B, 6C, 6F, 7, 8, 9 or 14 to two stories, shall not apply; and
The underlying floor area, yard, street wall location and height and setback regulations are modified by the provisions of this Section.