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Chapter 7 Special Harlem River Waterfront District (HRW)

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87-00 General Purposes
The "Special Harlem River Waterfront 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:
  1. to maintain and reestablish physical and visual public access to and along the waterfront;
  2. to create a lively and attractive built environment that will provide amenities and services for the use and enjoyment of area residents, workers and visitors;
  3. to promote the pedestrian orientation of ground floor uses in appropriate locations, and thus safeguard a traditional quality of higher density areas of the City;
  4. to encourage well-designed development that complements the built character of the neighborhood;
  5. to take advantage of the Harlem River waterfront and provide an open space network comprised of parks, public open space and public access areas;
  6. to provide flexibility of architectural design within limits established to assure adequate access of light and air to streets and public access areas, and thus encourage more attractive and economic building forms;
  7. to enhance neighborhood economic diversity by broadening the range of housing choices for residents at varied incomes;
  8. to encourage investment in mixed residential and industrial neighborhoods by permitting expansion and new development of a wide variety of uses in a manner that will safeguard the health and safety of people using the area; and
  9. to promote the most desirable use of land and building development in accordance with the District Plan for the Harlem River waterfront and thus conserve the value of land and buildings and thereby protect City tax revenues.
87-01 Definitions
For purposes of this Chapter, matter in italics is defined in Sections 12-10, 62-11 or 64-11, or within this Section.
Ground floor level
The "ground floor level" shall mean the finished floor level of the first story that is within five feet of an adjacent public sidewalk or any other publicly accessible open area.
Major Deegan Expressway street line
The "Major Deegan Expressway street line" shall be:
  1. in the event that the portion of the Major Deegan Expressway traversing Parcels 1, 2, 3 or 4, as shown on Map 1 in the Appendix to this Chapter, has been widened after December 11, 2017, a line 22 feet west of and parallel to the as-built western edge of such Expressway structure for Parcel 1, and a line 14 feet west of and parallel to the as-built western edge of such Expressway for Parcels 2, 3, or 4; or
  2. in the event that the portion of the Major Deegan Expressway traversing Parcels 1, 2 , 3 or 4, as shown on Map 1 in the Appendix to this Chapter, has not been widened after December 11, 2017, a line connecting on:
    1. Parcel 1:
      1. a point located on the northern boundary of Parcel 1 that is 120 feet west of its intersection with the eastern parcel boundary; and
      2. a point on the southern boundary of Parcel 1 that is 110 feet west of its intersection with the eastern parcel boundary.
    2. Parcel 2:
      1. a point located on the northern boundary of Parcel 2 that is 74 feet west of its intersection with the eastern parcel boundary; and
      2. a point located on the southern boundary of Parcel 2 that is 74 feet west of its intersection with the eastern parcel boundary.
    3. Parcel 3:
      1. a point located on the northern boundary of Parcel 3 that is 74 feet west of its intersection with the eastern parcel boundary; and
      2. a point located on the southern boundary of Parcel 3 that is 30 feet west of its intersection with the eastern parcel boundary.
    4. Parcel 4:
      1. a point located on the northern lot line of Parcel 4 that is 30 feet west of its eastern lot line; and
      2. a point located on the eastern lot line of Parcel 4 that intersects with a line parallel to and 60 feet from the northern lot line.
87-02 General Provisions
In harmony with the general purpose and intent of this Resolution and the general purposes of the Special Harlem River Waterfront District, the regulations of the Special Harlem River Waterfront District shall apply. 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, except as specifically modified in this Chapter.
87-03 District Plan
The regulations of this Chapter are designed to implement the Special Harlem River Waterfront District Plan as set forth in the Appendix to this Chapter. The plan area has been divided into three Subdistricts comprised of parcels that consist of tax blocks and lots as follows:
Core Subdistrict - tax blocks and lots existing on June 30, 2009
Parcel 1: Block 2349, Lot 112

Parcel 2: Block 2349, Lot 100 (that portion not mapped as parkland in accordance with Alteration Map No. 13124, dated January 29, 2009, in the Office of the Bronx Borough President)

Parcel 3: Block 2349, Lots 46, 47, 146

Parcel 4: Block 2349, Lot 38

Parcel 5: Block 2349, Lots 15, 20

Parcel 6: Block 2349, Lots 3, 4

Parcel 7: Block 2323, Lot 43

Parcel 8: Block 2323, Lot 28

Parcel 9: Block 2323, Lots 5, 13, 18

North Subdistrict - tax blocks and lots existing on December 11, 2017

Parcel 10: Block 2539, Lot 1, portion of
                 Lots 2, 3
                 Block 2356, Lots 2, 72 and tentative
                 Lot 102 (existing on December 11, 2017)

South Subdistrict - tax blocks and lots existing on December 11, 2017

Parcel 11: Block 2319, Lot 55

Parcel 12: Block 2319, Lot 60

Parcel 13: Block 2319, Lots 37 and 155

Parcel 14: Block 2319, Lot 98

Parcel 15: Block 2319, Lot 99

Parcel 16: Block 2319, Lots 100 and 108

Parcel 17: Block 2319, Lot 109

Parcel 18: Block 2319, Lot 112

Parcel 19: Block 2319, Lot 2

Parcel 20: Block 2316, Lots 1 and 35

Parcel 21: Block 2319, Lot 200

The District Plan includes the following maps:

Map 1. (Special Harlem River Waterfront District, Subdistricts and Parcels)

Map 2. (Designated Non-residential Use Locations)

Map 3. (Waterfront Access Plan: Public Access Elements)

Map 4. (Waterfront Access Plan: Designated Visual Corridors)
87-04 Applicability of District Regulations
Parcels 1, 2, 3 and 4, as shown on Map 1 (Special Harlem River Waterfront District and Parcels) in the Appendix to this Chapter, shall be considered waterfront zoning lots, notwithstanding the mapping of any streets on such parcels after June 30, 2009.
87-041 Applicability of the Quality Housing Program
In the Special Harlem River Waterfront District, buildings containing residences shall be developed or enlarged in accordance with the Quality Housing Program. The bulk regulations of this Chapter shall be considered the applicable bulk regulations for Quality Housing buildings.  
87-042 Applicability of Article VI, Chapter 2
The provisions of Article VI, Chapter 2 (Special Regulations Applying in the Waterfront Area) shall apply in all waterfront areas, except as modified by the provisions of this Chapter.
For the purpose of applying the provisions of Article VI, Chapter 2, Parcels 1, 2, 3 and 4 within the Core Subdistrict, and any parcels having a boundary within 40 feet of a shoreline within the South Subdistrict, as shown on Map 1 (Special Harlem River Waterfront District, Subdistricts and Parcels) in the Appendix to this Chapter, shall be considered waterfront zoning lots, notwithstanding the mapping of any streets on such parcels after June 30, 2009 for the Core Subdistrict, and after December 11, 2017,  for the South Subdistrict.
87-043 Applicability of Article VI, Chapter 4
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.
87-044 Applicability of Article XII, Chapter 3
Within the South Subdistrict, for M1 Districts mapped with a Residence District, the provisions of Article XII, Chapter 3 (Special Mixed Use District) for waterfront blocks shall apply, except as modified in this Chapter. In the event of a conflict between the provisions of Article XII, Chapter 3 and this Chapter, the provisions of this Chapter shall control.
87-045 Applicability of the Inclusionary Housing Program
For the purposes of applying the Inclusionary Housing Program set forth in Section 23-90 (INCLUSIONARY HOUSING), the Core Subdistrict, as shown on Map 1 in the Appendix to this Chapter, shall be an Inclusionary Housing designated area, and the North Subdistrict, as shown on Map 1, shall be a Mandatory Inclusionary Housing area.
87-05 Modification of Use and Bulk Regulations for Parcels Containing Newly Mapped Streets
In the event that streets are mapped on Parcels 1, 2, 3 and 4 in the Core Subdistrict after June 30, 2009, and on any Parcel in the South Subdistrict after December 11, 2017, as shown on Map 1 in the Appendix to this Chapter, the area within such streets may continue to be considered part of the zoning lot for the purposes of applying floor area regulations of this Zoning Resolution.
87-10 Special Use Regulations
The use regulations of the underlying districts and of Article VI, Chapter 2 (Special Regulations Applying in the Waterfront Area) are modified by the provisions of this Section, inclusive.
87-11 Use Regulations Within the Core Subdistrict
The special use provisions of this Section, inclusive, shall apply to zoning lots within the Core Subdistrict, as shown on Map 1 in the Appendix to this Chapter.
87-111 Vehicle Storage Establishments
Commercial or public utility vehicle storage, open or enclosed, including accessory motor fuel pumps as listed in Use Group 16C shall be a permitted use on Parcel 5, as shown on Map 1 in the Appendix to this Chapter, provided that:
  1. such use is the primary use on Parcel 5;
  2. no more than 10,000 square feet of floor area shall be provided on Parcel 5; and
  3. a shore public walkway is provided as set forth in paragraph (a) of Section 87-71 (Special Public Access Provisions).

    The streetscape provisions of Section 87-41, inclusive and the special height and setback regulations of Section 87-32, inclusive, shall not apply to such use. In lieu thereof, the applicable height and setback provisions of Article VI, Chapter 2 shall apply.
87-112 Location of Commercial Space
The provisions of Section 32-422 (Location of floors occupied by commercial uses) are modified to permit residential uses on the same story as a commercial use, provided no access exists between such uses at any level containing residences and provided any commercial uses are not located directly over any residential use. However, such commercial uses may be located over a residential use by authorization of the City Planning Commission upon a finding that sufficient separation of residential uses from commercial uses exists within the building.
87-113 Location of Underground Uses
Notwithstanding the provisions of Section 62-332 (Rear yards and waterfront yards), underground uses, such as parking garages, shall not be allowed in waterfront yards.
87-12 Use Regulations in the North Subdistrict
The special use provisions of this Section, inclusive, shall apply to zoning lots within the North Subdistrict, as shown on Map 1 in the Appendix to this Chapter.
87-121 Modification of Supplementary Commercial Use Regulations
In the North Subdistrict, the supplementary commercial use regulations of Section 32-421 (Limitation on floors occupied by commercial uses) shall be modified to permit commercial uses on any story, provided no access exists between such commercial and residential uses at any level containing residences, and provided that such commercial uses are not located directly over any residential use.
87-20 Special Floor Area Regulations
The applicable floor area regulations of the underlying districts and of Article VI, Chapter 2 (Special Regulations Applying in the Waterfront Area), or of Article XII, Chapter 3 (Special Mixed Use District), are modified by the provisions of this Section, inclusive.
87-21 Floor Area Regulations in the Core Subdistrict
The provisions of this Section, inclusive, shall apply to developments and enlargements within the Core Subdistrict, as shown on Map 1 in the Appendix to this Chapter.
87-211 Special Floor Area Regulations
The maximum floor area ratio for zoning lots containing only residential uses, or residential uses and community facility or commercial uses shall be 3.0. Such maximum floor area ratio may be increased to 4.0 through the provision of affordable housing pursuant to paragraph (b) of Section 23-154 (Inclusionary Housing). The maximum floor area ratio for affordable independent residences for seniors shall be 4.0.
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