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Chapter 6 Special Stapleton Waterfront District (SW)
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116-00 General Purposes
The "Special Stapleton 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:
- encourage design of development that is in character with the neighborhood and surrounding community;
- maintain and reestablish physical and visual public access to and along the waterfront;
- strengthen the traditional town center of Stapleton by allowing the development of residential and commercial uses;
- encourage the creation of a lively and attractive environment that will provide daily amenities and services for the use and enjoyment of the working population and the new residents;
- take maximum advantage of the beauty of the New York Harbor waterfront, thereby best serving the business community, the residential population and providing regional recreation; and
- promote the most desirable use of land and thus conserve and enhance the value of land and buildings, and thereby protect City tax revenues.
For the purposes of this Chapter, matter in italics is defined in Section 12-10 (DEFINITIONS) or in this Section.
The "Esplanade" is a park extending along portions of the waterfront edges of the Special Stapleton Waterfront District. The Esplanade is shown in the District Plan, Map 1 (Special Stapleton Waterfront District, Subareas and Public Spaces), in Appendix A of this Chapter.
Mandatory front building wall
A "mandatory front building wall" is the front wall of a building that generally coincides with a mandatory front building wall line, as provided in Section 116-232 (Street wall location).
Mandatory front building wall line
"Mandatory front building wall lines" are imaginary lines extending through Subarea B of the Special Stapleton Waterfront District which are shown on Map 3 (Mandatory Front Building Wall Lines) in Appendix A of this Chapter, and with which building walls must generally coincide, as provided in Section 116-232.
Pier Place, the Cove
"Pier Place" and the "Cove" are designated open spaces accessible to the public, located within the Special Stapleton Waterfront District as shown in the District Plan, Map 1, in Appendix A of this Chapter.
Shore public walkway
A "shore public walkway" is a linear public access area along the shore or water edges of a platform on a waterfront zoning lot.
An "upland connection" is a pedestrian way which provides a public access route from the Esplanade or a shore public walkway to a public sidewalk within a public street. Required upland connections are shown in the District Plan, Map 5 (Upland Connections and Visual Corridors), in Appendix A of this Chapter.
A "visual corridor" is a public street or tract of land within a block that provides a direct and unobstructed view to the water from a vantage point within a public street. Required visual corridors are shown in the District Plan, Map 5 and Map 6 (Location of Visual Corridor in Subarea E) in Appendix A of this Chapter.
116-02 General Provisions
In harmony with the general purposes and content of this Resolution and the general purposes of the Special Stapleton Waterfront District, the provisions of this Chapter shall apply to all developments, enlargements and changes of use within the Special Stapleton Waterfront District. The regulations of all other Chapters of this Resolution are applicable except as modified, supplemented or superseded 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, or for transit-adjacent sites, as defined in Section 66-11 (Definitions), 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), or Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI shall control.
Within the Special Stapleton Waterfront District, the regulations of the underlying R6, C2-2, C4-2A and M2-1 Districts shall apply, as modified in this Chapter.
116-03 District Plan
The District Plan for the Special Stapleton Waterfront District identifies specific areas comprising the Special District in which special zoning regulations are established in order to carry out the general purposes of the Special Stapleton Waterfront District.
These areas shall include Subareas A, B1, B2, B3, B4, B5, C, D and E, the Esplanade and two designated public open spaces: Pier Place and the Cove. In addition, Subareas B and E shall include upland connections and Subarea E shall include a shore public walkway.
The District Plan includes the following maps in Appendix A of this Chapter.
Map 1 Special Stapleton Waterfront District, Subareas and Public Spaces
Map 2 Ground Floor Use and Frontage Requirements
Map 3 Mandatory Front Building Wall Lines
Map 4 Restricted Curb Cut and Off-Street Loading Locations
Map 5 Upland Connections and Visual Corridors
Map 6 Location of Visual Corridor in Subarea E
The maps are hereby incorporated and made part of this Resolution for the purpose of specifying locations where the special regulations and requirements set forth in the text of this Chapter shall apply.
In order to carry out the purposes and provisions of this Chapter, the following subareas are established within the Special Stapleton Waterfront District: Subarea A, Subarea B, comprised of Subareas B1, B2, B3, B4 and B5, Subareas C, D and E, the Esplanade, Pier Place and the Cove. In each of these subareas, special regulations apply that may not apply in other subareas.
In Subareas A, B and C, the Esplanade, Pier Place and the Cove, the provisions of Article VI, Chapter 2 (Special Regulations Applying in the Waterfront Area), shall not apply. In lieu thereof, the special use, bulk, accessory off-street parking, public access and urban design regulations of Sections 116-10 through 116-50 shall apply.
In Subarea D, the provisions of Article VI, Chapter 2 shall apply pursuant to the underlying M2-1 District regulations.
In Subarea E, the underlying provisions of Article VI, Chapter 2 shall apply, except as modified in Section 116-60 (SPECIAL REGULATIONS IN SUBAREA E), inclusive. In addition, the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Zones), shall not apply. In lieu thereof, the provisions of Section 116-623 (Height and setback regulations), shall apply.
Lower density growth management area regulations shall not apply in the Special Stapleton Waterfront District.
116-10 Special Use Regulations for Subareas A, B and C, the Esplanade, Pier Place and the Cove
116-101 Use Groups 12 and 14
The uses listed in Section 32-21 (Use Group 12) shall not be permitted in Subarea C.
The uses listed in Section 32-23 (Use Group 14) shall be permitted in Subareas A, B and C, the Esplanade, Pier Place and the Cove; boat storage, repair or painting, however, shall be allowed without restriction relating to boat length.
116-102 Supplementary Use Regulations
The provisions of Section 32-41 (Enclosure within Buildings) shall be modified as follows: In Subarea B3, a farmers' market may be unenclosed.
The provisions of Section 32-423 (Limitation on ground floor location) shall be modified as follows: In Subareas B1 and B2, the uses listed in Section 32-18 (Use Group 9) may be located on the ground floor and within 50 feet of any street wall of the building and with show windows facing on the street.
116-11 Special Sign Regulations
The sign regulations of the underlying C4-2 District in Section 32-60 (Sign Regulations) shall be modified as follows: flashing signs shall not be permitted in Subareas A, B and C, the Esplanade, Pier Place and the Cove.
116-12 Mandatory Ground Floor Use and Frontage Requirements
The provisions of Section 32-433 (Ground floor use in C1, C2 and C4 Districts in the Borough of Staten Island) shall not apply in Subareas A, B and C. However, on designated streets and mandatory front building wall lines in Subareas B3 and C, as shown on Map 2 in Appendix A of this Chapter, the special ground floor use and frontage regulations of this Section shall apply to any building developed or enlarged after October 25, 2006.
Uses located on the ground floor level or within two feet of the as-built level of the adjoining sidewalk shall be exclusively limited to the permitted non-residential uses as modified by the special use provisions of this Chapter. Such ground floor uses shall extend along the entire width of the building, except for lobbies or entrances to accessory parking spaces and shall have a depth provided in accordance with Section 37-32 (Ground Floor Depth Requirements for Certain Uses).
In no event shall lobbies and entrances to accessory parking spaces occupy more than 50 percent of the building's total frontage along such street or mandatory front building wall line, or 35 feet, whichever is less. However, the total length of such frontage occupied by such lobbies and entrances need not be less than 25 feet.
116-13 Transparency Requirements
In Subareas A, B and C, the transparency requirements of Section 37-34 (Minimum Transparency Requirements) shall apply to any development or an enlargement where the enlarged portion of the ground floor of the building is within eight feet of the street line and where non-residential uses are located on the ground floor level or within two feet of the as-built level of the adjoining sidewalk.
116-20 Special Bulk Regulations for Subareas A, B and C, the Esplanade, Pier Place and the Cove
The special bulk regulations of Section 116-20, inclusive, shall apply to Subareas A, B and C, the Esplanade, Pier Place and the Cove.
116-21 Residential Bulk Regulations in C4-2A Districts
116-22 Maximum Floor Area Ratio
The maximum floor area ratio for all uses shall be 2.0.
However, for zoning lots in Subareas A and B1, up to a total of 100,000 square feet of floor space, within a public school, constructed in whole or in part pursuant to an agreement with the New York City School Construction Authority and subject to the jurisdiction of the Department of Education, shall be exempt from the definition of floor area. Zoning lots within Subarea A and B1 that are contiguous or would be contiguous but for their separation by a street, may be considered one zoning lot for the purpose of applying these special floor area regulations.
116-221 Special Floor Area Regulations for Mixed Buildings
For buildings containing residences, the area in such buildings occupied by non-residential uses on the ground floor, or within two feet of the as-built level of the adjoining sidewalk, shall be excluded from the calculation of permitted floor area in the building. However, the area occupied by non-residential uses on the ground floor shall be included as floor area for other purposes including calculating:
- requirements for accessory off-street parking spaces;
- accessory off-street loading berths;
- limitations on floor area occupied by certain uses; and
- satisfying requirements for FRESH food stores as defined in Article VI, Chapter 3, and the special floor area regulations of that Chapter.
116-23 Special Height and Setback Regulations
The special height and setback regulations set forth in this Section shall apply.
116-231 Special Rooftop Regulations
The provisions of Section 33-42 (Permitted Obstructions) shall apply to all buildings or other structures in Subareas A, B and C, 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).
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