94-10 Special Requirements for Building Height and Setbacks
The height and setback regulations set forth in Sections 23-631 (General provisions), 34-24 (Modification of Height and Setback Regulations) and 35-62 (Commercial Districts With an R1 Through R5 Residential Equivalent), shall not apply to buildings in the Special Sheepshead Bay District. In lieu thereof, height and setback regulations set forth in this Section shall apply. For buildings in Residence Districts, building height is measured from the base plane. For buildings in Commercial Districts, building height is measured from curb level.
In Areas A, B, C, D, E and F, the street wall or any other portion of a residential building or the residential portion of a mixed building, except for a structure which encloses only accessory parking fronting on the Leif Ericson Drive service road street line, shall be set back a minimum distance of 10 feet from all street lines. Beyond the initial setback distance, the building shall not exceed the maximum height as set forth in this Section.
In Area A, the maximum height of a street wall or other portion of a building within 25 feet of the Emmons Avenue or 15 feet of the Sheepshead Bay Road street lines shall not exceed two stories or 30 feet, whichever is fewer. Beyond the initial setback distances in Area A, the building shall not exceed seven stories or 85 feet, whichever is fewer.
In Area C, the maximum height of a street wall or other portion of a building within 25 feet of the Emmons Avenue or Ocean Avenue street lines shall not exceed two stories or 30 feet, whichever is fewer. Beyond the initial setback distance of 25 feet in Area C, the building shall not exceed four stories or 50 feet, whichever is fewer.
In Areas B and D, a building shall not exceed four stories or 50 feet, whichever is fewer.
In Areas E and F, within 75 feet of the Emmons Avenue street line, the maximum height of any portion of a building shall not be more than three stories or 35 feet, whichever is fewer. Beyond the initial setback distance of 75 feet in Areas E and F, the building shall not exceed six stories or 75 feet, whichever is fewer.
In Areas G and H, a building shall not exceed three stories or 35 feet, whichever is fewer. However, the City Planning Commission may, by a special permit, modify such height restrictions, provided that:
(a) the distribution of the bulk permits adequate access of light and air to surrounding streets and properties, and does not impair the view of the Bay; and
(b) the height of such building does not exceed five stories or 50 feet, whichever is fewer.
The Commission may prescribe appropriate conditions and safeguards to protect the view of the Bay and to minimize the adverse effects on the character of the surrounding areas.
No curb cuts shall be permitted on Emmons Avenue, Sheepshead Bay Road, Ocean Avenue, Bedford Avenue or Nostrand Avenue except that where no access is available on a zoning lot from another street, one curb cut shall be permitted.
In Areas A, B, C, D, E and F, no open off-street parking shall be located within 30 feet of the street lines of Emmons Avenue, Sheepshead Bay Road, Ocean Avenue, Bedford Avenue or Nostrand Avenue.
Any parking facilities in the Special District that are not completely enclosed shall be screened by shrubbery at least three feet high at the time of planting and expected to form a year-round dense screen at least five feet high within three years. When roof parking is provided, it shall be screened where it is visible from a street, plaza or public usable open space.
In areas A, B, C, D, E and F, the provisions of Section 36-23 (Waiver of Requirements for Spaces Below Minimum Number) do not apply.
The provisions relating to modifications of parking requirements of Article VII, Chapter 3 (Special Permits by the Board of Standards and Appeals) in Sections 73-10 through 73-52, shall not apply in the Special District.
In Area F, accessory off-street parking spaces for commercial uses may be located outside the commercially zoned area but within 600 feet of the building to which it is accessory, only if an area equal to the lot area occupied by the parking in the residential area is provided as a public plaza in the commercially zoned area to which the parking is accessory.
At the time of transfer of development rights from a zoning lot, there shall be recorded in the land records and indexed against such granting lot from which floor area is removed, an instrument removing such floor area and prohibiting construction on such lot from which the floor area is taken, of any building or other structure which would contain a floor area in excess of that still available to the zoning lot after deducting the floor area removed. Such prohibition shall be non-cancelable for 99 years and, at the time of the addition of development rights to a receiving lot as provided in Section 94-094 (Authorization provisions for transfer of development rights to receiving lots), there shall be recorded in the land records and indexed against such zoning lot to which floor area is added, an instrument transferring the floor area to the receiving lot benefited. A certified copy of such instruments shall be submitted to the City Planning Commission upon recordation thereof.
An application for certification pursuant to Sections 94-07 (Mandatory Provisions) or 94-08 (Special Floor Area Bonus Provisions), by the City Planning Commission shall include:
(a) written notice of intention to develop a zoning lot within the Special District;
(b) plans for lot improvements, which shall be constructed on both granting and receiving lots; and
(c) consents, agreements, restrictive declarations or legal documents obligating the owner of the zoning lot or its designee to develop its property in accordance with the provisions of this Chapter.
The Commission may prescribe appropriate conditions and safeguards in connection with the issuance of such certification.