116-60 Special Regulations in Subarea E
The special use, bulk, visual corridor and waterfront public access area requirements of Section 116-60, inclusive, shall apply to Subarea E.
The use regulations of Article VI, Chapter 2 (Special Regulations Applying in the Waterfront Area) shall apply, modified as follows:
(a) the provisions of Section 32-433 (Ground floor use in C1, C2 and C4 Districts in the Borough of Staten Island) shall not apply;
(b) the provisions of Section 62-29 (Special Use Regulations for R6, R7, R8, R9 and R10 Districts) are modified to allow uses listed in Section 62-212 (Waterfront-Enhancing (WE) uses) to be located anywhere within a building existing prior to July 20, 2017, provided that no commercial floor area is located above a dwelling unit; and
(c) physical culture or health establishments shall be permitted as-of-right. The special permit provisions of Section 73-36 shall not apply.
The bulk regulations of Article VI, Chapter 2 (Special Regulations Applying in the Waterfront Area) shall apply, except as modified in Section 116-62, inclusive.
Subarea E of the Special Stapleton Waterfront District shall be a Mandatory Inclusionary Housing area for the purpose of applying the Inclusionary Housing Program provisions of Section 23-90 (INCLUSIONARY HOUSING), inclusive.
The floor area regulations of Article VI, Chapter 2, shall not apply. In lieu thereof, the floor area regulations of Section 23-154 (Inclusionary Housing), as applicable to Mandatory Inclusionary Housing areas, shall apply, except in R6 Districts:
(a) for zoning lots, or portions thereof, within 100 feet of a wide street, the maximum floor area ratio shall be 3.6; and
(b) for zoning lots, or portions thereof, beyond 100 feet of a wide street, the maximum floor area ratio shall be 2.42.
The special yard provisions of 62-332 (Rear yards and waterfront yards) shall apply, except the 40 foot minimum depth requirement for a waterfront yard may be reduced by up to five feet, to a minimum depth of 35 feet, along those portions of the landward edge of the stabilized shore, bulkhead or natural shoreline where the depth of the landward portions of the zoning lot is less than 150 feet, as measured perpendicular and landward from such edge.
The provisions of Section 62-341 (Developments on land and platforms) shall apply, except as modified in this Section.
(a) Initial setback distance
The provisions of paragraph (a)(2) of Section 62-341 shall be modified for buildings located on portions of a zoning lot where the distance between the edge of the stabilized shore and a landward zoning lot line is less than 150 feet. The depth of such initial setback distance from the boundary of a shore public walkway may be reduced to five feet, provided that at least 40 percent of the width of each story required to be set back above the minimum base height is set back no less than 10 feet from the boundary of the shore public walkway.
(b) Measurement of height
The provisions of paragraph (a)(3) of Section 62-341 shall apply, except for the purpose of this Section, base plane shall refer to an elevation of 16.8 feet above Richmond Datum.
(c) Permitted obstructions
The provisions of paragraphs (a)(4)(i) and (ii) of Section 62-341 shall not apply. Dormers and penthouse portions of a building shall not be considered permitted obstructions above a maximum base height.
(d) Maximum base height
The maximum base height provisions of paragraph (c)(1) of Section 62-341 shall apply, except a building or other structure, or a portion thereof, located within an initial setback distance, shall rise to a height of at least 25 feet or two stories, whichever is less, and may not exceed a maximum base height of 55 feet or five stories, whichever is less.
(e) Maximum building height and tower size
The maximum residential tower size provisions of paragraph (c)(4) of Section 62-341 shall not apply. For the purposes of this paragraph (e), any portion of a building that exceeds a height of 55 feet or five stories, whichever is less, shall be considered a tower. Buildings with tower portions fronting on Edgewater Street shall not exceed a height of 120 feet above the base plane or 12 stories, whichever is less. The height of any other building with tower portions shall not exceed a height of 110 feet above the base plane, or 11 stories, whichever is less. Each story within a tower portion of a building shall not exceed a gross area of 10,000 square feet up to a height of 90 feet or nine stories, whichever is less, and each story above a height of 90 feet or nine stories, whichever is less, shall not exceed a gross area of 8,100 square feet. All stories within the tower portions of buildings shall be bounded on all sides by open areas on the zoning lot. For zoning lots with three or more buildings, no more than two buildings shall contain towers.
(f) Floor area distribution
The provisions of paragraph (c)(3) of Section 62-341 shall not apply.
(g) Street wall articulation facing shore public walkways
The provisions of paragraph (c)(5) of Section 62-341 shall apply. In addition, for portions of buildings fronting on a shore public walkway with an aggregate width of street wall greater than 200 feet, such street walls shall provide a recess at least five feet deep and 55 feet wide, unobstructed from the lowest level of the building to the sky. In no event shall a street wall extend along a shore public walkway for a distance greater than 130 feet without providing such a recess. Furthermore, above the height of the second story, such street walls shall provide at least one additional recess with a minimum depth of five feet and a minimum width or, where applicable, an aggregate width, of at least 40 feet.
(h) Streetscape provisions
The streetscape provisions of paragraph (c)(6) of Section 62-341 shall not apply. In lieu thereof, the following provisions shall apply:
A residential lobby, extending along at least 30 percent of the aggregate width of street walls shall be provided, but need not be wider than 35 feet. Transparent glazing materials shall occupy at least 40 percent of the surface area of the street wall of the lobby, measured between a height of two and 10 feet above the level of the adjoining grade.
A lobby to a commercial or community facility use shall have a minimum width of 20 feet. Transparent glazing materials shall occupy at least 50 percent of the surface area of the street wall of the lobby, measured between a height of two feet above the level of the adjoining grade and a height 12 feet above the level of the first finished floor.
In the event of a conflict between the provisions of this paragraph (h)(1) and the construction standards of the Federal government or Appendix G of the New York City Building Code, the requirements of this paragraph shall not apply.
(2) Parking garage wall treatment
For any level within a building where accessory off-street parking is provided, such parking shall be screened from the street line or waterfront public access area with a street wall that is at least 50 percent opaque. Each one-foot square portion of such street wall shall comply individually with this requirement. Such required wall treatment may be interrupted by vehicular or pedestrian entrances. In addition to the wall treatment, the screening requirements of Section 62-655 (Planting and trees) shall apply.
For buildings with street walls that are more than 50 feet in width and located within 50 feet of a waterfront public access area or street, at least 70 percent of the width of such street walls shall contain floor area at the first story located completely above the base plane.
The provisions of Section 62-51 (Applicability of Visual Corridor Requirements) shall apply, except as modified in this Section. The minimum width of the required visual corridor shall be 60 feet. The location of such visual corridor shall be as shown on Maps 5 and 6 in Appendix A of this Chapter. Such visual corridor shall be located such that the northern boundary of the visual corridor shall intersect with the easterly street line of Edgewater Street at a point 22 feet south of the following intersection: the easterly prolongation of the northerly street line of Lynhurst Avenue and the easterly street line of Edgewater Street. Such visual corridor shall extend to the pierhead line at an angle of 89.35 degrees, as measured between the northern boundary of such visual corridor and the portion of the easterly street line of Edgewater Street north of such visual corridor.
The provisions of Section 62-52 (Applicability of Waterfront Public Access Area Requirements) shall apply, except that no supplemental public access area, as set forth in Section 62-57 (Requirements for Supplemental Public Access Areas), shall be required. However, a shore public walkway and an upland connection must be provided as modified in this Section and shown on Maps 1, 5 and 6 in Appendix A of this Chapter.
(a) Shore public walkway
The provisions of paragraph (a)(3) of Section 62-53 (Requirements for Shore Public Walkways) shall apply, except that the minimum width of a shore public walkway on shallow portions of a zoning lot set forth on such Section shall be modified to be no less than 35 feet.
If there is an existing building or other structure to remain on the zoning lot, the entire area between such existing building and the shoreline shall be entirely occupied by the shore public walkway, with a required circulation path of at least eight feet.
(b) Upland connections
The requirement for a "transition area" within a Type 2 upland connection in paragraph (b)(2) of Section 62-561 (Types of upland connections) shall not apply. In addition, the minimum width requirement of 10 feet for the upland connection abutting such turnaround shall be modified to five feet, provided that the entire area of the vehicular turnaround is paved with the same paving material as the upland connection.
For the purposes of applying for an authorization for phased development of a waterfront public access area in paragraph (c)(1) of Section 62-822 (Modification of waterfront public access area and visual corridor requirements), the lot area shall be the portion of the zoning lot above water.