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In the Core Subdistrict, as shown on Map 1 in the Appendix to this Chapter, for developments and enlargements, the provisions of this Section, inclusive, shall apply.
For the purposes of applying the special height and setback regulations of this Section, inclusive, and the provisions of the underlying height and setback, distance between legally required windows and lot lines, and court regulations, as applicable, a shore public walkway, mapped parkland, supplemental public access area, upland connection, or fire apparatus access road provided in accordance with the provisions of Section 87-61 (Special Provisions for Certain Fire Apparatus Access Roads), shall be considered a street and its boundary shall be considered a street line. In addition, the street line of Exterior Street shall be modified as follows:
  1. for Parcels 1, 2, 3 and 4, the westerly street line along Exterior Street shall be the Major Deegan Expressway street line or the street line of Exterior Street, whichever is closest to the shore line; and
  2. for Parcel 1, the street line of East 149th Street shall be the southernmost boundary of any easement area existing on December 11, 2017, any fire apparatus access road or any private road.

    For Parcels 2, 3 and 4, where a fire apparatus access road in accordance with the provisions of Section 87-61 (Special Provisions for Certain Fire Apparatus Access Roads) is immediately adjacent to and contiguous with the shore public walkway, the fire apparatus access road shall be considered as part of the shore public walkway, and the street line shall be considered the boundary of the fire apparatus access road furthest from the shoreline. In addition, for Parcels 1 and 2, where a fire apparatus access road in accordance with the provisions of Section 87-61 is provided immediately adjacent to and contiguous with the northern or southern boundaries, as applicable, of the mapped parkland, the street line shall be considered the boundary of the fire apparatus access road furthest from the mapped parkland.
87-321 Street Wall Location
In the Core Subdistrict, the following street wall location rules shall apply.
  1. Parcels 1, 2, 3 and 4

    On Parcels 1, 2, 3 and 4, as shown on Map 1 in the Appendix to this Chapter, for frontages along the shore public walkway, supplemental public access areas, upland connections, mapped parkland or visual corridors, as shown on Map 2, at least 70 percent of the aggregate width of street walls of a building shall be located within eight feet of the street line. For frontages beyond 50 feet of the shore public walkway, such street wall shall rise to at least the minimum base height specified in Section 87-322 (Base heights and transition heights), or the height of the building, whichever is less. Along all frontages, up to 30 percent of the aggregate width of street walls may be recessed beyond eight feet of the street line, provided that any such recesses deeper than 10 feet along any street, or deeper than 15 feet along the shore public walkway, are located within an outer court.

    Along other frontages, no street wall location provisions shall apply.
  2. Parcels 5, 6, 7, 8 and 9

    On Parcels 5, 6, 7, 8 and 9, as shown on Map 1, for frontages along visual corridors, or upland connections, as shown on Map 2, at least 70 percent of the aggregate width of street walls shall be located within eight feet of the street line and shall rise to at least the minimum base height specified in Section 87-322, or the height of the building, whichever is less. Up to 30 percent of the aggregate width of street walls may be recessed beyond eight feet of the street line, provided that any such recesses deeper than 10 feet along any street, or deeper than 15 feet along shore public walkway, are located within an outer court.

    Along other frontages, no street wall location provisions shall apply.
87-322 Base Heights and Transition Heights
In the Core Subdistrict, the following base heights, required setbacks and maximum transition heights shall apply. Towers are permitted above the maximum heights set forth in this Section only in accordance with Section 87-323 (Tower provisions).
  1. Base heights
    1. Within 50 feet of the shore public walkway For street walls fronting on, or within 50 feet of, the shore public walkway, the maximum base height shall be 85 feet, except that:
      1. on Parcels 1, 2, 3 and 4, as shown on Map 1 in the Appendix to this Chapter, for street walls fronting on a shore public walkway, at least 30 percent of the aggregate width of street walls fronting on the shore public walkway, or a contiguous street wall width of 60 feet, whichever is greater, shall not exceed a maximum height of 45 feet. In addition to being applied along the shore public walkway, such lowered street wall may be applied along intersecting streets within 100 feet of the shore public walkway; and
      2. on Parcels 5 and 6, as shown on Map 1, such maximum base height shall be 45 feet.
    2. Beyond 50 feet of the shore public walkway and beyond 50 feet of the Major Deegan Expressway street line

      Along all other frontages beyond 50 feet of the shore public walkway and beyond 50 feet of the Major Deegan Expressway street line, the street wall shall rise without setback to a minimum base height of 60 feet, or the height of the building, whichever is less, and may rise to a maximum base height of 105 feet.
    3. Along, and within 50 feet of, the Major Deegan Expressway street line

      Along, and within 50 feet of, the Major Deegan Expressway street line, the street wall shall rise without setback to a minimum base height of 15 feet, or the height of the building, whichever is less, and may rise to a maximum base height of 105 feet.
  2. Required setbacks

    Above such maximum base height, street walls shall be set back a minimum of 30 feet from the street line along the shore public walkway on Parcel 1, 15 feet from such street line along the shore public walkway on any other parcels, and a minimum of 10 feet from the street line along all other streets. Along all streets, such set back shall have a minimum depth of seven feet from any portion of the street wall below such maximum base height. However, the depth of such setback may include the depth of recesses or outer courts provided that the aggregate width of such portion of a street wall with a reduced setback shall not exceed 30 percent of the street wall.

    In addition, on Parcels 1, 2, 3 and 4, in locations where the maximum base height is limited to 45 feet, street walls above such maximum base height shall be set back a minimum of 30 feet from the street line, and a minimum of seven feet from any portion of the street wall below such height.

    Dormers provided in accordance with paragraph (c)(1) of Section 23-621 (Permitted obstructions in certain districts) shall be permitted obstructions in all setback areas, except along the shore public walkway. Such dormers shall not exceed the maximum transition height set forth in paragraph (c) of this Section.
  3. Maximum transition heights

    For street walls fronting on, or within 50 feet of, the shore public walkway, street walls above a required setback may rise to a maximum transition height of 125 feet and, along all other frontages, street walls above a required setback may rise to a maximum transition height of 155 feet. Such transition heights may only be exceeded where towers are provided in accordance with the provisions of Section 87-323 (Tower provisions).
87-323 Tower Provisions
All stories that partially or wholly exceed the applicable maximum heights set forth in Section 87-322 (Base heights and transition heights) shall be considered a "tower" and may exceed such transition height only in accordance with the tower provisions of this Section.
  1. Maximum number of towers

    For zoning lots with less than 130,000 square feet of lot area, only one tower shall be permitted. For zoning lots with 130,000 square feet of lot area or more, not more than two towers shall be permitted. The minimum separation between any two towers on the same zoning lot shall be 60 feet.
  2. Setbacks

    All towers shall comply with the applicable setback provisions set forth in paragraph (b) of Section 87-322.

    The dormer provisions of paragraph (c)(1) of Section 23-621 (Permitted obstructions in certain districts) shall not apply to the tower portion of a building. In lieu thereof, up to 50 percent of the width of the street wall of a tower shall be permitted to encroach into a required setback area, except in setback areas along the shore public walkway.
  3. Maximum tower size

    Each story of a tower shall not exceed a gross area of 10,000 square feet, except that any encroachment into a setback area provided in accordance with paragraph (b) of this Section need not be included in such gross area.
  4. Maximum tower width

    On Parcels 1, 3, 4 and 7, as shown on Map 1 in the Appendix to this Chapter, the maximum width of any story of a tower facing the shoreline shall not exceed 130 feet, and on Parcel 2 the maximum width of any story of a tower facing mapped parkland shall not exceed 100 feet.
  5. Maximum height of towers

    For zoning lots with 100,000 square feet or less of lot area, the maximum height of a tower shall be 300 feet, and for zoning lots with more than 100,000 square feet of lot area the maximum height of a tower shall be 400 feet.

    However, for zoning lots with two towers, such maximum tower height of 400 feet shall apply to only one tower and a maximum tower height of 260 feet shall apply to the second tower. There shall be a height differential of at least 40 feet between any two towers on a zoning lot.
  6. Tower top articulation

    The uppermost three stories of a tower, or as many stories as are located entirely above a height of 300 feet, whichever is less, shall have a lot coverage not exceeding 90 percent of the lot coverage of the story immediately below such stories.
87-324 Authorization to Modify the Special Street Line Provision for Parcels 2, 3 or 4
For Parcels 2, 3 or 4, as shown on Map 1 in the Appendix to this Chapter, the City Planning Commission may authorize the modification of the definitions of Major Deegan Expressway street line as set forth in paragraph (b) of Section 87-01 and the associated special street line provision of paragraph (a) of Section 87-32 (Special Height and Setback Regulations in the Core Subdistrict), on condition that there shall be no less than 14 feet between the street wall of developments or enlargements and the as-built western edge of the Major Deegan Expressway. In conjunction with the modification of such street line provision, the special open area provisions of paragraph (a) of Section 87-416 may also be modified. In order to grant such authorization, the Commission shall find that:
  1. the development or enlargement is not feasible without such modification, or that the requested modification will permit a development or enlargement that satisfies the purpose of this Chapter;
  2. such modification is the least modification required to achieve the purpose for which it is granted;
  3. the benefits to the surrounding area from the modification outweigh any disadvantages that may be incurred thereby in the area; and
  4. such modification will enhance the quality of the design of the development or enlargement.

Prior to granting such authorization, the Commission shall request the Department of Transportation of the State of New York to indicate within 30 days whether said agency has any plan to widen or expand the Major Deegan Expressway or its ramps.
The Commission may prescribe appropriate conditions and safeguards to promote the benefits to the surrounding area or to minimize adverse effects on the character of the surrounding area.

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