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Chapter 2 Special City Island District (CD)

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112-00 General Purposes
The "Special City Island District" established in this Resolution is designed to promote and protect public health, safety, general welfare and amenity. These general goals include, among others, the following specific purposes:
  1. to promote and strengthen the unique character of the Special City Island District for nautical and waterfront activities by limiting permitted uses to those which complement and enhance the existing character of the Special District;
  2. to maintain the existing low-rise residential and commercial character of the district by regulating the height of buildings;
  3. to maintain and protect the environmental quality and "village" character of City Island Avenue by imposing special controls on building setbacks and signs; and
  4. to promote the most desirable use of land in this area and thus to conserve the value of land and thereby protect the City's tax revenue.
112-01 Definitions
Development
For purposes of this Chapter, a "development" includes both development and enlargement, as defined in Section 12-10 (DEFINITIONS).
112-02 General Provisions
In harmony with the general purposes of the Special City Island District and in accordance with the provisions of this Chapter, certain specified regulations of the districts on which the Special City Island District is superimposed are made inapplicable and special regulations are substituted therefor. Except as modified by the express provisions of the Special District, the regulations of the underlying zoning districts remain in force. 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 Zones), the provisions of Article VI, Chapter 4, shall control.
112-04 Requirements for Application
An application to the City Planning Commission for the grant of a special permit under the provisions of this Chapter shall include a site plan showing the location and use of all buildings on the zoning lot and such other information as may be required by the Commission.
112-05 Relationship to Public Improvement Projects
In all cases, the City Planning Commission shall deny a special permit application whenever the development will interfere with a public improvement project (including housing, highways, public building or facilities redevelopment or renewal projects, or rights-of-way for sewers, transit or other public facilities) which has been approved by the Board of Estimate, City Planning Commission or Site Selection Board as determined from the calendar of each agency issued prior to the date of the public hearing on the application for a special permit.
112-06 District Plan
The District Plan for the Special City Island District identifies those areas within the Special District in which there are special height restrictions. The District Plan is set forth in Appendix A and is made an integral part hereof.
112-07 Special Use Regulations
Within the Special District, and notwithstanding the provisions of Article V, Chapter 2, where commercial or manufacturing uses are permitted by the underlying district regulations, such commercial or manufacturing uses shall be limited to those uses set forth in this Section. This Section shall apply to a new use in a development and to a change of use in an existing building to another use listed in the same or another Use Group.
112-071 Uses Permitted in C1 Districts
Within a C1 District, all uses permitted in Use Groups 1, 2, 3, 4, 5 and 6, as listed in Sections 32-11 to 32-15, are permitted, except:
Court houses

Electric and gas substations

Public utility stations

Telephone exchanges.
Additional permitted uses are:
Custom manufacturing and sale of jewelry, ceramics, art and needlework, limited to 10,000 square feet per establishment.
112-072 Uses Permitted in C2 Districts
Within a C2 District, all commercial uses listed in Section 112-071 (Uses permitted in C1 Districts) are permitted as well as all uses permitted as-of-right in C2 Districts, as set forth in Section 32-10, except:
Automobile sales, including motorcycle and trailer

Prisons

Refreshment stands, drive-in

Wholesale establishments.

112-073 Uses Permitted in C3 Districts
Within a C3 District, Use Groups 1, 2, 3 and 4 in Sections 32-11 to 32-13, and all commercial uses listed in Use Group 14 in Section 32-23, are permitted, as well as:
Boatels

Eating or drinking places, including those that provide outdoor table service or incidental musical entertainment.
112-074 Ground Floor Use Restrictions on Certain Blocks
For all buildings fronting on City Island Avenue between Bay Street and Carroll Street, only non-residential uses shall be permitted on the ground floor level or within stories that have a floor level within five feet of curb level, except for Type 1 lobbies provided in accordance with Section 37-33 (Maximum Width of Certain Uses).
112-075 Uses Permitted in M1 Districts
Within an M1 District, all uses listed in Use Groups 4B, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16A and 17 are permitted, except:
Automobile sales, including motorcycle and trailer

Bottle works

Cotton ginning or cotton wadding or linters

Fuel, ice, coal or wood establishments with open storage

Manufacturing of autos, trucks or trailers, including parts

Motorcycle manufacturing, including parts

Motorcycle or motor scooter rental

Poultry or rabbit killing establishments

Prisons

Public transit or railroad substations

Public utility stations

Railroads, including rights-of-way

Refreshment stands, drive-in

Telephone exchanges

Truck weighing scales

Trucking terminals and motor freight stations.
112-08 Uses Permitted by Special Permit
In C1, C2 or C3 Districts, the City Planning Commission may permit automotive service stations, auto repair establishments, public parking garages or public parking lots. As a condition for permitting such use, the Commission shall make the following findings:
  1. that such use is so located as to draw a minimum of vehicular traffic to and through local streets in nearby residential areas;
  2. that such use has adequate reservoir space at the vehicular entrance to accommodate a minimum of 10 cars or 20 percent of the spaces so provided, whichever amount is less; and
  3. that, where roof parking is permitted, such roof parking is so located as not to impair the essential character or future use or development of adjacent areas.
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including limitations on signs or requirements for the shielding of floodlights or for setback of any roof parking areas from lot lines.
112-09 Sign Regulations
In addition to meeting the sign regulations of the applicable underlying zoning district, all signs within the Special District shall meet the following restrictions:
  1. signs attached to the street wall of a building shall have a vertical dimension of not more than three feet and shall have a horizontal dimension of not more than 75 percent of the street frontage; and
  2. outdoor signs may be illuminated by indirect means only.
112-10 Special Bulk Regulations
112-101 Special Open Space and Lot Coverage Regulations
In C3 Districts, for a residential use, the maximum lot coverage shall be 65 percent and the minimum required open space shall be 35 percent.
112-102 Special Floor Area Regulations for Mixed Buildings
In C1, C2 and C3 Districts, for buildings containing residences with frontage on City Island Avenue, not more than one story of commercial use may be provided in such buildings and such story shall be excluded from the definition of floor area.
112-103 Special Height and Setback Regulations
The underlying height and setback regulations shall apply, except that no building or other structure shall exceed a height limit of 35 feet, and the height shall be measured from the base plane. Such height and setback regulations may be modified only by authorization or special permit of the City Planning Commission, as applicable, pursuant to Sections 112-106 or 112-107.
112-104 Special Transparency Requirements Along City Island Avenue
For buildings with ground floor commercial or community facility uses fronting upon City Island Avenue, the provisions of Section 37-34 (Minimum Transparency Requirements) shall apply to any street wall of such building facing City Island Avenue.
112-106 Authorization for Modification of Height and Setback Regulations
The City Planning Commission may authorize, within Area B, as shown on the District Plan Map in Appendix A, modifications of the underlying height and setback regulations, provided the Commission finds that:
  1. the distribution of the bulk of the building on the zoning lot permits adequate access of light and air to the surrounding streets and properties and does not impair the views of and to the water;
  2. the modification of the height of the building permits better site planning and distribution of open space; and
  3. the height of the building does not exceed 35 feet.
The Commission may prescribe appropriate conditions and safeguards to protect the views of and to the water and to minimize adverse effects on the surrounding area. That portion of any zoning lot used for boat sales, manufacture, storage or repair shall be exempt from the provisions of this Section.
112-107 Special Permit for Modification of Height and Setback Regulations
The City Planning Commission may permit, within Area A, as shown on the District Plan Map in Appendix A, modifications of the underlying height and setback regulations, provided the Commission finds that:
  1. the distribution of the bulk of the building on the zoning lot permits adequate access of light and air to the surrounding streets and properties and does not impair the views of and to the water;
  2. the modification of the height of the building permits better site planning and distribution of open space; and
  3. the height of the building does not exceed 50 feet.
The Commission may prescribe appropriate conditions and safeguards to protect the views of and to the water and to minimize adverse effects on the surrounding area. That portion of any zoning lot used for boat sales, manufacture, storage or repair shall be exempt from the provisions of this Section.
112-11 Special Parking Regulations
112-111 Accessory Parking for Commercial Uses
For any commercial or mixed use development except for eating or drinking establishments, one off-street accessory parking space shall be provided for every 300 square feet of commercial floor area. The provisions of Section 73-45 (Modification of Off-site Parking Provisions) are hereby made inapplicable.
112-112 Accessory Parking and Floor Area Requirements for Eating or Drinking Establishments
After July 10, 1985, for any development, extension or change of use involving an eating or drinking establishment that, in the aggregate, results in an increase of more than 150 square feet of floor area, one off-street accessory parking space shall be provided for each 150 square feet of the total of the existing and new floor area.
After July 10, 1985, any reduction in the number of existing off-street accessory parking spaces, either on-site or off-site that lowers the ratio of off-street accessory parking space per floor area to less than one space per 150 square feet of floor area is prohibited.
New off-site accessory parking for eating or drinking establishments in C1 or C2 Districts may be located only in C1 or C2 Districts.
For the purposes of this Section, floor area shall also include cellar space, except for a room or rooms in the cellar used exclusively for storage, and outdoor table service areas used for eating or drinking establishments. The outdoor table service area shall be delineated and shown on the plans filed with the application for a building or work permit and used to determine the minimum requirement for accessory off-street parking. Such outdoor table service area shall be separated from the accessory off-street parking by a fence, wall, railing or planted screening.
For eating or drinking establishments, the provisions of Sections 36-23 or 44-23 (Waiver of Requirements for Spaces Below Minimum Number) or Sections 52-41 (General Provisions), with respect only to enlargements or extensions to provide off-street parking spaces, 73-43 (Reduction of Parking Spaces) and 73-45 (Modification of Off-site Parking Provisions) are hereby made inapplicable. For eating or drinking establishments with frontage on City Island Avenue, if less than 15 accessory off-street parking spaces are required, all such parking spaces shall be waived.
112-113 Reservoir Space Requirements for Eating and Drinking Establishments
All developments, extensions or changes of use involving an eating or drinking establishment with attendant-operated parking services shall provide adequate on-site reservoir space at the vehicular entrances to accommodate automobiles equivalent in number to 10 percent of the total number of spaces, but in no event shall such reservoir space be required for more than 10 automobiles. Reservoir space shall be delineated by painted stripes or lines pursuant to the standards of the Department of Buildings.
Within one year of March 6, 1986, all existing eating or drinking establishments with attendant-operated parking services shall provide adequate reservoir space pursuant to this Section and shall file a site plan and documented evidence of compliance with the appropriate enforcement agency, either the Department of Buildings or Department of Ports and Terminals.
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