Chapter 5 - Special Southern Hunters Point District (SHP)
The "Special Southern Hunters Point 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 encourage well-designed buildings that complement the built character of the Hunters Point neighborhood;
(b) to maintain and reestablish physical and visual public access to and along the waterfront;
(c) to broaden the regional choice of residences by introducing new affordable housing;
(d) to achieve a harmonious visual and functional relationship with the adjacent neighborhood;
(e) to create a lively and attractive built environment that will provide daily amenities and services for the use and enjoyment of area residents, workers and visitors;
(f) to take maximum advantage of the beauty of the East River waterfront and provide an open space network comprised of public parks, public open space and public access areas;
(g) to provide flexibility of architectural design within limits established to assure adequate access of light and air to the street, and thus to encourage more attractive and economic building forms; and
(h) to promote the most desirable use of land in accordance with the district plan for Southern Hunters Point, thus conserving the value of land and buildings, thereby protecting the City's tax revenues.
In harmony with the general purpose and intent of this Resolution and the general purposes of the Special Southern Hunters Point District, the regulations of this Chapter shall apply within the Special Southern Hunters Point 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 The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter.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.
The regulations of this Chapter are designed to implement the Special Southern Hunters Point District Plan.
The District Plan, in Appendix A of this Chapter, includes the following maps:
Map 1. Special Southern Hunters Point District, Subdistricts and Parcels
Map 2. Special Ground Floor Use Regulations
Map 3. Street Wall Location
Map 4. Minimum Base Heights of 40 Feet
Map 5. Maximum Base Heights Other Than 70 Feet
Map 6. Tower Areas
Map 7. Mandatory Sidewalk Widenings and Publicly Accessible Open Area
Map 8. Publicly Accessible Private Street and Open Area in Newtown Creek Subdistrict
Map 9. Newtown Creek Waterfront Access Plan (Q-3)
Map 10. Permitted Curb Cut Locations
In order to carry out the purposes and provisions of this Chapter, the Special Southern Hunters Point District is divided into two subdistricts: the East River Subdistrict and the Newtown Creek Subdistrict. The East River Subdistrict is further subdivided into parcels A through G. The location and boundaries of the subdistricts and parcels are shown on Map 1 (Special Southern Hunters Point District, Subdistricts and Parcels), in Appendix A of this Chapter.
Where the lot line of a zoning lot coincides with the boundary of a public 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.
The provisions of Section 25-86 (Waiver or Reduction of Spaces for Subsidized Housing) shall not apply in the Special Southern Hunters Point District.
Map 2 (Special Ground Floor Use Regulations), in Appendix A of this Chapter, specifies locations where the special ground floor use regulations of this Section apply. Such regulations shall apply along the entire street frontage of the building, as indicated on Map 2.
Uses located on the ground floor level or within five feet of curb level, and within 30 feet of the street wall, shall be limited to commercial or community facility uses permitted by the underlying district. A building's street frontage shall be allocated exclusively to such uses, except for lobby space. In no event shall the length of street frontage occupied by lobby space exceed, in total, 40 feet or 25 percent of the building's total street frontage, whichever is less, except that the length of lobby frontage need not be less than 20 feet.
The ground floor street wall bounding any community facility use other than a school shall be glazed with transparent materials which may include show windows, glazed transoms or glazed portions of doors. Such glazed area shall occupy at least 50 percent of the area of each such ground floor street wall measured to a height of 10 feet above the level of the adjoining sidewalk or public access area, and the maximum sill height of all show windows shall be 2 feet, 6 inches above the adjoining sidewalk or public access area.
The ground floor street wall bounding any commercial use shall be glazed with transparent materials which may include show windows, glazed transoms or glazed portions of doors. Such glazed area shall occupy at least 70 percent of the area of each such ground floor street wall measured to a height of 10 feet above the level of the adjoining sidewalk or public access area. Not less than 50 percent of such area shall be glazed with transparent materials and up to 20 percent of such area may be glazed with translucent materials. Furthermore, the maximum sill level of all show windows shall be 2 feet, 6 inches above the adjoining sidewalk or public access area.
The provisions of Section 32-422 (Location of floors occupied by commercial uses) are modified to permit dwelling units on the same story as a commercial use, provided no access exists between such uses at any level containing dwelling units and provided any commercial uses are not located directly over any dwelling units. However, such commercial uses may be located over dwelling units by authorization of the City Planning Commission upon a finding that sufficient separation of residential uses from commercial uses exists within the building.
In the East River Subdistrict, the maximum residential floor area ratio shall be as set forth in the following table, and no floor area bonuses shall apply.
Maximum Floor Area
In the Newtown Creek Subdistrict, the maximum floor area ratio shall be 2.75, and may be increased only as set forth in this Section.
(a) Floor area bonus for public amenities
For developments located within the Newtown Creek Subdistrict that provide a publicly accessible private street and open area, the floor area ratio may be increased from 2.75 to a maximum permitted floor area ratio of 3.75, provided that the Chairperson of the City Planning Commission has certified that such publicly accessible private street and open area comply with the design standards of Sections 125-44 (Private Street Requirements in Newtown Creek Subdistrict) and 125-45 (Publicly Accessible Open Area in Newtown Creek Subdistrict).
(b) Floor area increase for Inclusionary Housing
(1) Within the Special Southern Hunters Point District, the Newtown Creek Subdistrict shall be an Inclusionary Housing designated area, pursuant to Section 12-10 (DEFINITIONS), for the purpose of making the Inclusionary Housing Program regulations of Section 23-90, inclusive, and this Section, applicable within the Special District.
(2) In the Newtown Creek Subdistrict, for developments that provide a publicly accessible private street and open area that comply with the provisions of paragraph (a) of this Section, the floor area ratio for any zoning lot with buildings containing residences may be increased from 3.75 to a maximum floor area ratio of 5.0 through the provision of affordable housing, pursuant to the provisions relating to Inclusionary Housing designated areas in Section 23-90 (INCLUSIONARY HOUSING), except that:
(i) the height and setback regulations of Section 23-951 (Height and setback for compensated developments in Inclusionary Housing designated areas) or Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors) shall not apply. In lieu thereof, the special height and setback regulations of Section 125-30, inclusive, of this Chapter shall apply; and
(ii) the provisions of Section 23-96 (Requirements for Generating Sites or MIH Sites) shall be modified to require that in the event the affordable housing is not located within the same Community District as the compensated zoning lot, it shall be located within a one-half mile radius of the compensated zoning lot in an adjacent Community District in the Borough of Queens.
The underlying height and setback regulations shall not apply, except as set forth in this Section. In lieu thereof, the height and setback regulations of this Section, inclusive, shall apply. All heights shall be measured from the base plane.
The provisions of Section 33-42 (Permitted Obstructions) shall apply to all buildings within the Special Southern Hunters Point District, except that dormers may penetrate a maximum base height in accordance with the provisions of paragraph (c)(1) of Section 23-621 (Permitted obstructions in certain districts).
Balconies shall not be permitted below a height of 70 feet. Above a height of 70 feet, balconies are permitted provided that at least 50 percent of the perimeter of the balcony is bounded by building walls, exclusive of parapet walls.
(a) Street wall location
All street walls of buildings shall be located on street lines of zoning lots as shown on Map 3 (Street Wall Location) in Appendix A of this Chapter. For the purposes of applying the height and setback regulations of this Section, wherever a building fronts upon any public park, or any sidewalk widening, publicly accessible open area or private street provided in accordance with the design requirements of Sections 125-41 through 125-46, inclusive, the boundary of such public park, sidewalk widening, publicly accessible open area or private street shall be considered to be a wide street line.
(b) Minimum base heights
All street walls shall extend up to at least a minimum base height of 50 feet or the height of the building, whichever is less, except that a minimum base height of 40 feet shall be permitted in the locations specified on Map 4 (Minimum Base Heights of 40 Feet) in Appendix A of this Chapter.
(c) Maximum base heights
The maximum height of a street wall before setback shall be 70 feet, except in the locations specified on Map 5 (Maximum Base Heights Other Than 70 Feet) in Appendix A of this Chapter.
Recesses, not to exceed three feet in depth, shall be permitted on the ground floor where required to provide access to the building, and recesses, not to exceed five feet in depth, shall be permitted on the ground floor where required to provide access to utilities. Above the height of the second story or 30 feet above adjoining grade, whichever is greater, up to 30 percent of the aggregate width of street walls may be recessed beyond the street line.
(e) Required setbacks and maximum building heights
Setbacks are required for all portions of buildings that exceed the applicable maximum base height, except schools. All required setbacks shall be provided at a height not lower than the applicable minimum base height. A setback with a depth of at least 10 feet shall be provided from any street wall fronting on a wide street, and a setback with a depth of at least 15 feet shall be provided from any street wall fronting on a narrow street, except that the depth of such setbacks may include the depth of any permitted recesses in the street wall. For the purposes of this paragraph (c), the following shall be considered wide streets:
(1) Second Street between 54th Avenue and Borden Avenue
(2) 55th Avenue between Center Boulevard and Second Street
(3) Center Boulevard between 50th Avenue and 57th Avenue.
Above the applicable maximum base height, the maximum height of a building or other structure shall be 125 feet, except where towers are permitted, pursuant to Section 125-34.