Chapter 1 - Special Coney Island District (CI)
The "Special Coney Island 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 preserve, protect and enhance the character of the existing amusement district as the location of the city's foremost concentration of amusements and an area of diverse uses of a primarily entertainment and entertainment-related nature;
(b) to facilitate and guide the development of a year-round amusement, entertainment and hotel district;
(c) to facilitate and guide the development of a residential and retail district;
(d) to provide a transition to the neighboring areas to the north and west;
(e) to provide flexibility for architectural design that encourages building forms that enhance and enliven the streetscape;
(f) to control the impact of development on the access of light and air to streets, the Boardwalk and parks in the district and surrounding neighborhood;
(g) to promote development in accordance with the area's District 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 Coney Island 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 The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter.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. However, 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 Hazard Areas), the provisions of Article VI, Chapter 4, shall control.
NOTE: Self-certification of sewer connection applications will not be permitted by the Department of Buildings or Department of Environmental Protection in connection with any proposed development or enlargement in the Special Coney Island District for which sewer connection approval is required. Prior to filing a House or Site Connection application, all applicants will be required to submit a site-specific hydraulic analysis to the Department of Environmental Protection for its review and approval, to establish the adequacy of existing sanitary and storm sewers to serve the proposed development or enlargement.
The District Plan for the Special Coney Island District identifies specific areas comprising the Special District in which special zoning regulations are established in order to carry out the general purposes of the Special Coney Island District. The District Plan includes the following maps in the Appendix to this Chapter.
Map 1. Special Coney Island District and Subdistricts
Map 2. Mandatory Ground Floor Use Requirements
Map 3. Coney East Subdistrict Floor Area Ratios
Map 4. Street Wall Location
Map 5. Minimum and Maximum Base Heights
Map 6. Coney West Subdistrict Transition Heights
In order to carry out the purposes and provisions of this Chapter, four subdistricts are established as follows:
Coney East Subdistrict (CE)
Coney North Subdistrict (CN)
Coney West Subdistrict (CW)
Mermaid Avenue Subdistrict (MA)
In each of these subdistricts, certain special regulations apply which do not apply within the remainder of the Special Coney Island District. The subdistricts are specified on Map 1 in the Appendix to this Chapter.
The provisions of Article I, Chapter 5 (Residential Conversion Within Existing Buildings), shall apply in the Special Coney Island District, as modified in this Section. The change of non-residential floor area to residences in buildings, or portions thereof, erected prior to January 1, 1977, shall be permitted subject to Sections 15-11 (Bulk Regulations), 15-12 (Open Space Equivalent) and 15-30 (MINOR MODIFICATIONS), paragraph (b). Uses in buildings erected prior to January 1, 1977, containing both residential and non-residential uses shall not be subject to the provisions of Section 32-42 (Location Within Buildings).
The provisions of Article VI, Chapter 2 (Special Regulations Applying in the Waterfront Area), shall not apply in the Special Coney Island District.
The provisions of Section 74-513 (In C7 Districts) shall not apply in the Special Coney Island District. In lieu thereof, public parking lots shall not be permitted, and public parking garages of any size shall be permitted as-of-right, provided such garages comply with the provisions of Section 131-52 (Use and Location of Parking Facilities).
The provisions of Section 73-36 (Physical Culture or Health Establishments) shall not apply in the Coney East, Coney North or Coney West Subdistricts. In lieu thereof, physical culture or health establishments shall be allowed as-of-right.
(a) For zoning lots fronting upon Riegelmann Boardwalk, KeySpan Park and Highland View Park
Where the lot line of a zoning lot coincides or is within 20 feet of the boundary of Riegelmann Boardwalk, KeySpan Park or Highland View Park, such lot line shall be considered to be a street line for the purposes of applying all use and bulk regulations of this Resolution.
(b) For multiple buildings on the same zoning lot
For the purposes of applying the special use and bulk regulations of this Chapter, abutting buildings on the same zoning lot may be considered one building.
The special use regulations set forth in this Section, inclusive, shall modify the underlying Commercial Districts, as applicable.
For the purposes of this Chapter, "ground floor level" shall mean the finished floor level within five feet of an adjacent public sidewalk or any other publicly accessible open space.
For the purposes of this Chapter, the definition of transient hotel shall be modified to allow only such hotels used exclusively for transient occupancy. Such transient hotels used exclusively for transient occupancy shall be permitted only in specified locations as set forth in this Chapter.
Special Use Groups are established as set forth in this Section, to promote and strengthen the commercial and entertainment character of the Special District.
Use Group A consists of a group of uses, selected from Use Groups 12, 13 and 15, as modified in this Section, and may be open or enclosed:
Use Group A1
Amusement parks, with no limitation on floor area per establishment
Animal exhibits, circuses, carnivals or fairs of a temporary nature
Camps, overnight or day, commercial beaches or swimming pools
Dark rides, electronic or computer-supported games, including interactive entertainment facilities, laser tag and motion simulators
Ferris wheels, flume rides, roller coasters, whips, parachute jumps, dodgem scooters, merry-go-rounds or similar midway attractions
Fortune tellers, freak shows, haunted houses, wax museums, or similar midway attractions
Miniature golf courses and model car hobby centers, including racing
Open booths with games of skill or chance, including shooting galleries
Use Group A2
Arenas or auditoriums, with capacity limited to 2,000 seats
Billiard parlors or pool halls, table tennis halls or bowling alleys, with no limitation on number of bowling lanes per establishment
Gymnasiums or recreational sports facilities including, but not limited to, indoor golf driving ranges, batting cages, basketball, volleyball, squash and other courts, without membership requirements
Skateboard parks, roller or ice skating rinks
Theaters, including movie theaters, provided such use does not occupy the ground floor level of a building, except for lobbies limited to a maximum street frontage of 30 feet, except that on corner lots one street frontage may extend up to 100 feet.
Accessory uses to the amusements listed in this Section, including the display and sale of goods or services, provided:
(a) such accessory uses are limited to not more that 25 percent of the floor area of the amusement establishment or, for open uses, not more than 25 percent of the lot area;
(b) such accessory uses shall be entered only through the principal amusement establishment;
(c) such accessory uses shall share common cash registers with the principal amusement use;
(d) such accessory uses shall have the same hours of operation as the principal amusement use; and
(e) the principal amusement use shall occupy the entire street frontage of the ground floor level of the establishment and shall extend to a depth of at least 30 feet from the street wall of the building or, for open uses, at least 30 feet from the street line.
Use Group B consists of a group of uses, selected from Use Groups 6, 9, 12, 13 and 18, as modified in this Section:
Art gallery, commercial
Eating or drinking establishments of any size, including those with entertainment or dancing
Spas and bathhouses
Studios, art, music, dancing or theatrical
Radio or television studios
Use Group C consists of a group of retail and service uses, selected from Use Groups 6, 7, 12 and 14, as modified in this Section:
Arts and crafts production and sales, including but not limited to ceramics, art needlework, hand weaving or tapestries, book binding, fabric painting, glass blowing, jewelry or art metal craft and wood carving
Bicycle sales, rental or repair shops
Candy or ice cream stores
Clothing or clothing accessory
Clothing, custom manufacturing or altering for retail, including costume production and hair product manufacturing
Fishing tackle or equipment, rental or sales
Jewelry manufacturing from precious metals
Musical instrument stores
Patio or beach furniture or equipment
Photographic equipment stores and studios
Sporting goods or equipment, sale or rental, including instruction in skiing, sailing or skin diving