Heads up: There are no suggested sections in this chapter.
Heads up: There are no amended sections in this chapter.

The "Special Garment Center 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 retain adequate wage and job-producing industries within the Garment Center;

(b)        to provide an opportunity for apparel production and showroom space in designated areas of the Garment Center;

(c)        to preserve a variety of types of space for a diversity of businesses that service the Garment Center and the city;

(d)        to recognize the unique character of the western edge of the Special District as integral to the adjacent Special Hudson Yards District;

(e)        to establish an appropriate urban scale and visual character within the Garment Center; and

(f)        to promote the most desirable use of land within the district, to conserve the value of land and buildings, and thereby protect the City's tax revenues.

The provisions of this Chapter shall apply within the Special Garment Center 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 The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter.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.

The regulations of this Chapter are designed to implement the Special Garment Center District Plan. The District Plan includes the following map:

Special Garment Center District and Subdistricts

The map is located in Appendix A of this Chapter and is hereby incorporated and made an integral part of this Resolution. It is incorporated for the purpose of specifying locations where special regulations and requirements set forth in the text of this Chapter apply.

In order to carry out the purposes and provisions of this Chapter, two Subdistricts, A1 and A are established within the Special Garment Center District. The location of the Subdistricts is shown on the map (Special Garment Center District and Subdistricts) in Appendix A of this Chapter.

The use regulations of the applicable underlying district shall apply except as set forth in this Section.

In the Special Garment Center District, transient hotels, as listed in Section 32-14 (Use Group 5), and motels, tourist cabins or boatels, as listed in Section 32-16 (Use Group 7A), shall be permitted only by special permit of the City Planning Commission pursuant to Section 121-70 (Special Permit for Transient Hotels).

However, a special permit shall not be required for a transient hotel operated exclusively for the public purpose of temporary housing assistance by the City or State of New York, or operated by a non-governmental entity pursuant to an active contract or other written agreement with an agency of the City or State specifying such public purpose.

Furthermore, for a building subject to the provisions of Section 121-60 (ANTI-HARASSMENT AND DEMOLITION REGULATIONS IN SUBDISTRICT A-2) and for which HPD issued a certification of no harassment that was in effect on June 11, 2018, a special permit shall not be required where such building is enlarged and a portion of which is subsequently converted to residences pursuant to Article I, Chapter 5 (Residential Conversions Within Existing Buildings), provided all new transient hotel rooms shall be located in the enlarged portion of such building, and except for transient hotel lobbies and accessory uses located below the floor level of the second story, the non-enlarged portion of such building shall contain only permanently affordable residences pursuant to a regulatory agreement enforceable by HPD.

Any transient hotel existing prior to December 20, 2018, within the Special Garment Center District, shall be considered a conforming use. Any enlargement or extension of such existing conforming use shall not require a special permit. In the event a casualty damages or destroys a building within the Special Garment Center District that was used as a transient hotel as of December 20, 2018, such building may be reconstructed and continue as a transient hotel without obtaining a special permit, provided the floor area of such reconstructed building does not exceed the floor area permitted pursuant to the provisions of Section 121-31 (Maximum Permitted Floor Area Within Subdistrict A-1) or Section 121-41 (Maximum Permitted Floor Area Within Subdistrict A-2), as applicable.

In Subdistrict A-2, any development or enlargement that includes offices, as listed in Section 32-15 (Use Group 6B) developed or enlarged after January 19, 2005, shall be permitted only pursuant to Section 93-13 (Special Office Use Regulations).

In the C6-4M District located within Subdistrict A-2, for buildings existing on January 19, 2005, the use regulations of the underlying district shall be modified as follows:  

(a)        For buildings with less than 70,000 square feet of floor area, the provisions of Section 15-20 (REGULATIONS GOVERNING RESIDENTIAL CONVERSIONS WITHIN EXISTING BUILDINGS IN C6-2M, C6-4M, M1-5M AND M1-6M DISTRICTS), inclusive, shall not apply to the conversion of non-residential floor area to residences. In lieu thereof, Section 15-10 (REGULATIONS GOVERNING RESIDENTIAL CONVERSIONS WITHIN EXISTING BUILDINGS IN RESIDENCE AND COMMERCIAL DISTRICTS, EXCEPT C6-2M AND C6-4M DISTRICTS), inclusive, shall apply; and

(b)        for buildings with 70,000 square feet or more of floor area, the conversion of non-residential floor area to residences, or to college or school student dormitories and fraternity or sorority student houses shall not be permitted.

(c)        The following uses and uses accessory to such uses shall be allowed:

(1)        From Use Group 16A:

Household or office equipment or machinery repair shops, such as refrigerators, washing machines, stoves, deep freezers or air conditioning units

Tool, die or pattern making establishments or similar small machine shops

(2)        From Use Group 16D:

Packing or crating establishments

Trucking terminals or motor freight stations, limited to 20,000 square feet of lot area per establishment

Warehouses

Wholesale establishments, with no limitation on accessory storage

(3)        From Use Group 17B:

All uses

In the M1-6 District located within Subdistrict A-1, uses listed in Use Group 18 shall not be permitted.

In the Special Garment Center District, all signs shall be subject to the regulations applicable in C6-4 Districts, as set forth in Section 32-60 (SIGN REGULATIONS). However, in Subdistrict A-2, flashing signs shall not be permitted.

The following special bulk regulations shall apply within Subdistrict A-1, as shown in Appendix A of this Chapter.

The basic maximum floor area ratio of a zoning lot shall be as specified for the underlying district in Section 43-12 (Maximum Floor Area Ratio) and may be increased only pursuant to Section 43-13 (Floor Area Bonus for Public Plazas). No public plaza, or any part thereof, shall be permitted on or within 100 feet of a wide street. The provisions of Section 43-14 (Floor Area Bonus for Arcades) shall not apply.

In Subdistrict A-1, the underlying height and setback regulations set forth in Sections 43-43 (Maximum Height of Front Wall and Required Front Setbacks) and 43-44 (Alternate Front Setbacks) shall not apply. In lieu thereof, the following provisions shall apply:

(a)        Street wall location

The street wall of any building shall be located on the street line and extend along the entire street frontage of the zoning lot up to at least the maximum base height specified in paragraph (b) of this Section. On the ground floor, recesses shall be permitted where required to provide access to the building, provided such recesses do not exceed three feet in depth as measured from the street line. In addition, the street wall location provision of this paragraph shall not apply along such street line occupied by a public plaza as set forth in Section 37-70 (PUBLIC PLAZAS).

(b)        Base height

(1)        Along wide streets

On wide streets, and on narrow streets within 50 feet of their intersection with a wide street, the street wall of a building shall rise without setback to a minimum base height of 125 feet and may rise to a maximum base height of 155 feet.

However, where the height of an existing adjacent street wall fronting on the same street line rises to a height exceeding 155 feet before setback, the maximum base height may be increased to the height of such existing adjacent street wall but shall not exceed a base height of 205 feet. In addition, where existing adjacent street walls on both sides of the building rise to a height exceeding 155 feet before setback, the maximum base height of such building may be increased to the higher of the two existing adjacent street walls, except in no instance shall the base height of such building exceed 205 feet.

(2)        Along narrow streets

On narrow streets, beyond 50 feet of their intersection with a wide street, the street wall of a building shall rise without setback to a minimum base height of 85 feet and may rise to a maximum base height of 135 feet.

As an alternative, the minimum and maximum base heights applicable to a wide street may be applied along a narrow street beyond 50 feet of a wide street, up to a maximum of 100 feet from such wide street.

(c)        Required setbacks

(1)        Along wide streets

For buildings, or portions thereof, located on wide streets and on narrow streets within 100 feet of a wide street, the portion of such building above the applicable maximum base height set forth in paragraph (b)(1) of this Section, shall be set back from the street wall of the building at least 10 feet along a wide street and at least 15 feet along a narrow street, except such dimensions may include the depth of any permitted recesses in the street wall. Above such required setback, any portion of a building on the zoning lot shall be considered a "tower."

(2)        Along narrow streets

For buildings, or portions thereof, located on narrow streets beyond 100 feet of a wide street, the portion of such building above the applicable maximum base height set forth in paragraph (b)(2) of this Section shall be set back from the street wall of the building at least 15 feet along a narrow street, except such dimensions may include the depth of any permitted recesses in the street wall. Above such required setback, any portion of a building on the zoning lot shall be considered a "tower."

(d)        Tower Regulations

Each story of a tower above the required setback shall not exceed a maximum lot coverage of 40 percent of the lot area of a zoning lot or, for zoning lots of less than 20,000 square feet, the percent set forth in Section 43-451 (Towers on small lots).

(e)        Maximum building height

        No height limit shall apply to towers.

The following special bulk regulations shall apply within Subdistrict A-2, as shown on the map in Appendix A of this Chapter.

The basic maximum floor area ratio of a zoning lot containing non-residential buildings shall be 10.0 and may be increased to a maximum floor area ratio of 12.0 only pursuant to Section 93-31 (District Improvement Fund Bonus). Such zoning lot may also contain residences within buildings existing on January 19, 2005, provided that such buildings are not enlarged after such date. For zoning lots containing residences within a building that is developed or enlarged on or after January 19, 2005, the basic maximum floor area ratio shall be 6.5. The floor area ratio of any such zoning lot may be increased from 6.5, pursuant to Section 93-31, and pursuant to Section 23-90 (INCLUSIONARY HOUSING), as modified by Section 93-23 (Modifications of Inclusionary Housing Program), provided that for every five square feet of floor area increase pursuant to Section 93-31, there is a floor area increase of six square feet pursuant to Section 23-90, as modified by Section 93-23, inclusive. The maximum residential floor area ratio shall be 12.0.

For the conversion to dwelling units of non-residential buildings, or portions thereof, where the total floor area on the zoning lot to be converted to residential use exceeds a floor area ratio of 12.0, such excess floor area shall be permitted only pursuant to Section 93-31.

(a)        Height of street walls

        The street wall of any building shall be located on the street line and extend along the entire street frontage of the zoning lot not occupied by existing buildings to remain. Such street wall shall rise without setback to a minimum base height of 80 feet and a maximum base height of 90 feet before setback. However, if the height of an adjacent street wall fronting on the same street line is higher than 90 feet before setback, the street wall of the new or enlarged building may rise without setback to the height of such adjacent street wall, up to a maximum height of 120 feet.

        For zoning lots, or portions thereof, with street frontage of 25 feet or less and existing on June 29, 2010, a minimum base height lower than 80 feet shall be permitted along such street frontage in accordance with the following provisions:

(1)        where the height of an adjacent street wall fronting on the same street line is at least 60 feet and less than 80 feet, the street wall of the new or enlarged building may rise without setback to the height of such adjacent street wall; or

(2)        where the height of an adjacent street wall fronting on the same street line is less than 60 feet, the street wall of the new or enlarged building may rise without setback to a minimum street wall height of 60 feet.

        The street wall of any building may rise to a height less than the minimum base height required pursuant to this paragraph (a), provided that no building on the zoning lot exceeds such height, except where such building is located on a zoning lot with multiple buildings, one or more of which is developed, enlarged or altered after February 2, 2011, to a height exceeding the minimum base height required pursuant to this paragraph (a).

(b)        Maximum building height

        Above a height of 90 feet or the height of the adjacent street wall if higher than 90 feet, no portion of a building or other structure shall penetrate a sky exposure plane that begins at a height of 90 feet above the street line, or the height of the adjacent street wall if higher than 90 feet, and rises over the zoning lot at a slope of four feet of vertical distance for each foot of horizontal distance to a maximum height limit of 250 feet, except as provided below:

(1)        any portion of the building or other structure developed or enlarged pursuant to the tower regulations of Sections 33-45 (Tower Regulations) or 35-64 (Special Tower Regulations for Mixed Buildings), as applicable, may penetrate the sky exposure plane, provided no portion of such building or other structure exceeds the height limit of 250 feet; and

(2)        permitted obstructions, as listed in Section 33-42, may penetrate the sky exposure plane and the height limit of 250 feet. In addition, a dormer, as listed in paragraph (c)(1) of Section 23-621 (Permitted obstructions in certain districts), may penetrate the sky exposure plane.

        On a zoning lot with frontage of at least 200 feet along at least one street, up to 20 percent of the aggregate width of the street wall facing such street, for a maximum width of 50 feet, may be recessed to a maximum depth of 15 feet from the street line, provided the recessed area is located a minimum of 20 feet from an adjacent building and that a minimum of 60 percent of such area is planted with any combination of grass, ground cover, shrubs, trees or other living plant material in the ground or in planters permanently affixed to the ground.

Within Subdistrict A-2, as shown on the map in Appendix A of this Chapter, the underlying parking provisions shall not apply. In lieu thereof, the parking regulations of the Special Hudson Yards District, as set forth in Section 93-80 (OFF-STREET PARKING REGULATIONS) shall apply.

In Subdistrict A-2, the provisions of Section 93-90 (HARASSMENT) and Section 93-91 (Demolition), inclusive, shall apply.

In the Special Garment Center District, the City Planning Commission may permit a transient hotel as listed in Use Group 5, including motels, tourist cabins or boatels as listed in Use Group 7, that is not otherwise permitted pursuant to Section 121-10 (SPECIAL USE REGULATIONS), provided that:

(a)        the location of such proposed transient hotel within the Special District will not impair the achievement of a diverse and harmonious mix of commercial, manufacturing and community facility uses within Subdistrict A-1 and of residential, commercial, manufacturing and community facility uses in Subdistrict A-2, consistent with the applicable district regulations;

(b)        the site plan for such transient hotel demonstrates that the design is appropriate, does not impair the character of the area and incorporates elements that are necessary to address any potential conflicts between the proposed use and adjacent uses, such as the location of the proposed access to the building, the orientation of the building and landscaping;

(c)        such transient hotel use will not cause undue vehicular or pedestrian congestion on local streets; and

(d)        such transient hotel use# is consistent with the planning objectives of the Special District.

The Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the surrounding area.

The "Special Grand Concourse Preservation District" established in this Resolution is designed to promote and protect public health, safety, general welfare and amenity. These general goals include, among others, the following purposes:

(a)        to protect the existing scale and form of development and the traditional residential character of the Grand Concourse including desirable design features of certain buildings through the establishment of design guidelines for renovation or alteration;

(b)        to encourage new development which is in keeping with the scale and character of the area by providing for street wall continuity and bulk regulations consistent with existing development along the Grand Concourse;

(c)        to preserve and enhance the residential character of the Grand Concourse by limiting ground floor retail and commercial uses to certain specified locations;

(d)        to regulate the location of retail and commercial signage; and

(e)        to promote the most desirable use of land in the area and thus to conserve the value of land and buildings, and thereby to protect the City's tax revenues.

 Display window

A "display window" is a window or opening in the exterior wall of any portion of a building which is glazed with tinted or transparent material and which is used to display merchandise, services or business.

 Sign band

A "sign band" is a horizontal band which extends the full length of the street wall of a building, and is located between 8 feet and 14 feet above curb level.

Except as modified by the express provisions of the Special Grand Concourse Preservation District, the regulations of the underlying zoning districts shall remain in effect.

(a)        In the District Plan as shown in Appendix A, the following areas have been designated as the Residential Preservation Area:

(1)        all areas in R8 Districts including areas mapped C1 within these R8 Districts which are:

(i)        within 100 feet of the westerly street line of the Grand Concourse between East 153rd Street and Mosholu Parkway; and

(ii)        within 100 feet of the easterly street line of the Grand Concourse between East 153rd Street and a point parallel to and 150 feet north of East 166th Street, and between McClellan Street and Mosholu Parkway;

(2)        an area partly in R8 and C1 Districts with a depth of 100 feet from the west side of the street line of Walton Avenue between East 161st and East 164th Streets; and

(3)        an area in R8 Districts with a depth of 100 feet from the east side of the street line of Anthony Avenue between East 181st Street and East 182nd Street.

Within the Residential Preservation Area in R8 Districts, the following three commercial sub-areas have special use and bulk regulations:

(i)        Limited Commercial Areas

(ii)        Commercial Extension Areas

(iii)        Commercial Infill Sites

(b)        The location of these sub-areas is described below:

(1)        Limited Commercial Areas

The following areas with a depth of 50 feet from the street line of the Grand Concourse are designated on the District Plan (Appendix A) as Limited Commercial Areas:

(i)        on the west side of the Grand Concourse from the south side of East 176th Street to a point 25 feet north of Henwood Place;

(ii)        on the west side of the Grand Concourse from a point 40 feet north of Bush Street to the south side of Burnside Avenue;

(iii)        on the west side of the Grand Concourse from 100 feet north of East 180th Street to a point 180 feet south of East 183rd Street; and

(iv)        on the east side of the Grand Concourse from the north side of East 182nd Street to a point 180 feet south of East 183rd Street.

(2)        Commercial Extension Areas

Along certain cross-streets within the Residential Preservation Area, extensions of existing Commercial Districts up to the Grand Concourse to a depth of 100 feet measured perpendicularly from the street line of such cross-streets, are designated as Commercial Extension Areas on the District Plan (Appendix A). These extension areas are located along the following streets:

(i)        the north and south sides of East 165th Street, west of the Grand Concourse;

(ii)        the north and south sides of East 167th Street, east of the Grand Concourse;

(iii)        the north and south sides of East 170th Street, east and west of the Grand Concourse; and

(iv)        the north and south sides of Mount Eden Avenue, west of the Grand Concourse.

(3)        Commercial Infill Sites

All tax lots listed in Table A in Section 122-10 which contain buildings designed for non-residential uses in Use Groups 6 or 7 or where such buildings existed as of July 1, 1981 are designated as Commercial Infill Sites on the District Plan (Appendix A).

In order to preserve the residential character of the Special District, the applicable use regulations of the underlying districts are modified, as follows:

(a)        Within the Limited Commercial Areas, commercial uses listed in Section 32-15 (Use Group 6) are permitted, provided they are located only on the ground floor of an existing or new building containing residential or community facility uses. All existing or new commercial uses shall be directly accessible only from the street. Any existing commercial use which fails to provide direct access from a street shall be terminated one year after September 28, 1989.

(b)        On a cross-street within the Commercial Extension Areas, commercial uses listed in Section 32-15 are permitted to occupy the ground floor of an existing or new building containing residential or community facility uses. Such ground floor commercial uses may be permitted to extend up to the Grand Concourse on the basement level of a building, provided that such commercial uses are accessible only from a cross-street which intersects the Grand Concourse. No direct or indirect access to such commercial uses is permitted from the Grand Concourse.

(c)        Any commercial use which lawfully existed on or before July 1, 1981, on any Commercial Infill Site listed in Table A, shall be considered conforming and may be changed to a Use Group 6 use or to a use which previously occupied the space lawfully on or before July 1, 1981, except that expansion or re-occupancy of floor area to a retail use in Use Group 6A or 6C is restricted to the ground floor of the building.

However, if a building on a Commercial Infill Site contains an entrance from the Grand Concourse as well as from the cross-street running underneath the Concourse, such entrance floors at both street levels may be occupied by retail uses listed in Use Group 6 if they were in existence prior to July 1, 1981, as a lawful use. In those cases, the use of the remaining stories of such building shall be limited to business, professional or governmental offices or to ambulatory diagnostic or treatment health care facilities as set forth in Use Group 4A or Use Group 6B, regardless of the locational restrictions in Use Group 4.

TABLE A

COMMERCIAL INFILL SITES

Tax Block Number

Tax Lot Number

Address

Type of Building

2468

1

851 Grand Concourse

Courthouse

2821

11

1526 Grand Concourse

1 story commercial

2821

13

1540 Grand Concourse

Vacant lot

2822

27

1775 Grand Concourse

Telephone Co. building

2795

14

1780 Grand Concourse

Office building/garage

2805

23

1845 Grand Concourse

1 story commercial

2801

7

1850 Grand Concourse

2 story commercial

2808

44

1963 Grand Concourse

Funeral home

2808

82

2029-2043 Grand Concourse

1 story commercial

3161

25

2101 Grand Concourse

1 story commercial

3157

32

2202-2206 Grand Concourse

1 story commercial

3163

40

2231-2233 Grand Concourse

1 story commercial

3158

16

2262-2268 Grand Concourse

1 story commercial

3163

38

2235-2239 Grand Concourse

1 story commercial

3307

68

3000 Grand Concourse

Funeral home

3315

51

2833-2843 Grand Concourse

1 story commercial

2808

82

148 E. Burnside Avenue

1 story commercial

(d)        For the purposes of this Chapter, any non-residential uses permitted pursuant to paragraphs (a) through (c) of this Section shall be located only on a story below the lowest story occupied by a residential use, except that this limitation shall not preclude the location of any such non-residential use below the level of the first story ceiling.

In order to enhance the visual quality of the Special District, the applicable sign regulations of the underlying districts are modified, as follows:

(a)        Within the Limited Commercial Areas, only one sign, other than an advertising sign, with a surface area not exceeding 12 square feet, shall be permitted per commercial use. Such signs shall be located in a sign band, on the flap of a canopy, or as allowed under paragraph (d) of this Section. The height of such signs shall be not more than 24 inches and the letter sizes shall be restricted to a height of 12 inches. Except as provided in paragraph (d), all such signs may not project from the vertical surface of a building more than 18 inches.

(b)        Within the Commercial Extension Areas, no signs and no display windows shall be permitted on a building or other structure within 50 feet of the Grand Concourse. Commercial uses which are located on a cross-street beyond a distance of 50 feet from the Grand Concourse street line, shall comply with the sign regulations applicable to the underlying Commercial District.

(c)        On Commercial Infill Sites, the maximum surface area to be occupied by a sign, other than an advertising sign, shall be three square feet for every five feet of store frontage or 12 square feet, whichever is greater. Such signs shall be located in a sign band or on the flap of a canopy, or as allowed under paragraph (d). On portions of Commercial Infill Sites more than 50 feet from the Grand Concourse, the signage regulations of a C1 District shall apply.

(d)        Except in C1 Districts, no sign may be located so as to obscure any decorative lintel, cornice or other architectural detail. In the event that compliance with this requirement does not provide adequate surface area for the allowable sign, as defined in paragraph (a) of this Section, a projecting sign may be permitted by the Commissioner of Buildings provided that no such sign shall project from the vertical surface of a building more than 18 inches.

(e)        Except in C1 Districts, no banners, pennants, flashing or illuminated signs shall be permitted anywhere within the Special District. In addition, within Commercial Infill Sites north of the Cross Bronx Expressway, as shown on the map in Appendix A of this Chapter, signs with indirect illumination shall be permitted on the Grand Concourse street frontage of a building.

(f)        Within the Limited Commercial Areas, Commercial Infill Sites, and Commercial Extension Areas within 50 feet of the Grand Concourse, window graphics shall occupy not more than 20 percent of a window. Display lettering more than three inches high shall be considered as a sign.

(g)        All lawfully existing non-conforming signs located within the Special District shall be terminated one year after September 28, 1989.

In order to preserve the scale and character of the Grand Concourse, the bulk regulations of the underlying R8 District and the C1 or C2 Districts mapped within such R8 District shall be inapplicable to any residential or community facility developments or enlargements located within the Special District.

In lieu thereof, such developments or enlargements shall comply with the regulations of an R8X District, including Article II, Chapter 8.

If a commercial development is constructed on a vacant Commercial Infill Site previously occupied by a commercial building on or before July 1, 1981, or an existing commercial building located on a Commercial Infill Site is replaced by a commercial development, the height, lot coverage and floor area of the commercial development shall not exceed the height, lot coverage and floor area of the building it replaced. However, if a residential or community facility building is constructed on any Commercial Infill Site or when such sites become a part of the adjoining zoning lot, it shall be subject to the R8X District regulations. No mixed buildings or enlargement of existing buildings shall be permitted on any Commercial Infill Sites.

If any new doors or windows are installed on the exterior walls of a building, they shall be uniform in width and shall be aligned with existing doors and windows.

For developments or enlargements, there shall be a strip of continuous planting at grade of not less than three feet in width along the entire front wall of such development or such building that is enlarged. In the event a building is constructed within three feet of the street line, the owner of the building shall apply to the Bureau of Highway Operations for permission to locate a portion of such planting strips on a public sidewalk within the street line. A copy of such application shall be submitted with the new building application when filed at the Department of Buildings. Such sidewalk planting requirement may be waived by the Department of Buildings only upon receipt of written disapproval by the Department of Transportation.

In the Residential Preservation Area, the parking requirements of the underlying districts shall be inapplicable. In lieu thereof, the accessory off-street parking regulations of R8X Districts shall apply to developments or enlargements.

If a commercial development is constructed on a vacant Commercial Infill Site previously occupied by a commercial building on or before July 1, 1981, or an existing commercial building located on a Commercial Infill Site is replaced by a commercial development, the number of accessory off-street parking spaces provided by the commercial development shall be equal to or greater than the number of accessory off-street parking spaces provided by the building it replaced.

Notwithstanding any other provisions of this Resolution, whenever a zoning lot existing on September 28, 1989, is divided by a boundary between a district to which R8X District regulations apply and one to which R8 District regulations apply, the provisions of an R8X District shall apply to the entire zoning lot.

The regulations set forth in this Chapter shall not apply to C4 Districts and C8 Districts located within the Special Grand Concourse Preservation District.

Appendix A (continued)

Appendix A (continued)

The "Special Mixed Use District" regulations established in this Chapter of the Resolution are designed to promote and protect public health, safety and general welfare. These general goals include, among others, the following specific purposes:

(a)        to encourage investment in mixed residential and industrial neighborhoods by permitting expansion and new development of a wide variety of uses in a manner ensuring the health and safety of people using the area;

(b)        to promote the opportunity for workers to live in the vicinity of their work;

(c)        to create new opportunities for mixed use neighborhoods;

(d)        to recognize and enhance the vitality and character of existing and potential mixed use neighborhoods; and

(e)        to promote the most desirable use of land in accordance with a well-considered plan and thus conserve the value of land and buildings and thereby protect City tax revenues.

The provisions of this Chapter shall apply within the Special Mixed Use 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.

In Special Mixed Use Districts, an M1 District is paired with a Residence District, as indicated on the zoning maps.

The designated Residence Districts in Special Mixed Use Districts shall not include either an R1 or an R2 District.

Definitions specifically applicable to this Chapter are set forth in this Section. The definitions of other defined terms are set forth in Section 12-10 (DEFINITIONS).

Accessory use

In addition to those "accessory uses" listed in Section 12-10 (DEFINITIONS), for the purposes of this Chapter, an accessory use shall also include a dwelling unit in connection with any commercial, manufacturing or community facility establishment permitted in Special Mixed Use Districts, pursuant to Section 123-20 (SPECIAL USE REGULATIONS), provided that no more than one such unit shall be permitted in connection with any establishment, and provided further that each such unit shall not exceed a gross area of 1,200 square feet or contain more than one kitchen.

Home occupation

For the purposes of this Chapter, the home occupation provisions of Section 12-10 shall apply, except that:

(a)        up to 49 percent of the total floor area of a dwelling unit may be used for a home occupation;

(b)        such home occupation may occupy more than 500 square feet of floor area; and

(c)        businesses operated as home occupations may have up to three employees not residing in the dwelling unit.

Mixed use building

For the purposes of this Chapter, a "mixed use building" is a building in the Special Mixed Use District used partly for manufacturing, commercial or community facility use and partly for residential use.

In Special Mixed Use Districts, all uses permitted in the designated Residence District and all uses permitted in the designated M1 District, as set forth in any other provision of this Resolution other than Special Purpose Districts, shall be permitted, except as superseded, modified or supplemented by this Section and provided that signs shall comply with the requirements of Section 123-40 (SIGN REGULATIONS).

The uses listed in Use Group 2, and the following uses listed in Use Groups 3 and 4: college or school student dormitories and fraternity or sorority student houses, long-term care facilities, philanthropic or non-profit institutions with sleeping accommodations, monasteries, convents or novitiates, non-profit hospital staff dwellings without restriction on location, and non-profit or voluntary hospitals, may only locate in the same building as, or share a common wall with a building containing, an existing manufacturing or commercial use, upon certification by a licensed architect or engineer to the Department of Buildings that such manufacturing or commercial use:

(a)        does not have a New York City or New York State environmental rating of "A", "B" or "C" under Section 24—153 of the New York City Administrative Code for any process equipment requiring a New York City Department of Environmental Protection operating certificate or New York State Department of Environmental Conservation state facility permit; and

(b)        is not required, under the City Right-to-Know Law, to file a Risk Management Plan for Extremely Hazardous Substances.

The uses in Use Groups 16, 17 and 18 shall be permitted in the Special Mixed Use District in accordance with the applicable district use regulations, subject to the modifications of Sections 123-221 (Uses permitted as-of-right), 123-222 (Uses permitted with restrictions) and 123-223 (Excluded uses).

From Use Group 16A:

Automobile, motorcycle, trailer or boat sales, open or enclosed

Building materials sales, open or enclosed, limited to 10,000 square feet of lot area per establishment, provided that not more than 5,000 square feet of such lot area is used for open storage

Electrical, glazing, heating, painting, paper hanging, plumbing, roofing, or ventilating contractors' establishments, open or enclosed, with open storage limited to 5,000 square feet of lot area per establishment

Glass cutting shops

Household or office equipment or machinery repair shops, such as refrigerators, washing machines, stoves, deep freezers or air conditioning units

Ice or wood sales, open or enclosed, limited to 5,000 square feet of lot area per establishment

Machinery rental or sales establishments

Motorcycle or motor scooter rental establishments

Poultry or rabbit killing establishments, for retail sale on the same zoning lot only

Riding academies, open or enclosed

Stables for horses

Trade schools for adults, except those using substances in quantities required under the City Right-to-Know Law to file a Risk Management Plan for Extremely Hazardous Substances

From Use Group 16B:

Automobile, truck, motorcycle or trailer repairs, excluding body repair

Automobile laundries, provided that the zoning lot contains reservoir space for not less than 10 automobiles per washing lane

Automotive service stations, open or enclosed, provided that facilities for lubrication, minor repairs or washing are permitted only if located within a completely enclosed building

From Use Group 16C:

Commercial or public utility vehicle storage, open or enclosed, including accessory motor fuel pumps

Dead storage of motor vehicles

From Use Group 16D:

Diaper supply establishments

Laundries, except medical or laboratory

Linen or towel supply establishments, where cleaning is done on a separate zoning lot

Moving or storage offices, with no limitation as to storage or floor area per establishment

Packing or crating establishments, except for the packing or crating of substances in quantities required under the City Right-to-Know Law to file a Risk Management Plan for Extremely Hazardous Substances

Trucking terminals or motor freight stations, limited to 20,000 square feet of lot area per establishment

Warehouses, except for the warehousing of substances in quantities required under the City Right-to-Know Law to file a Risk Management Plan for Extremely Hazardous Substances

Wholesale establishments, with no limitation on accessory storage, except for wholesale establishments selling, as part of their stock, substances in quantities required under the City Right-to-Know Law to file a Risk Management Plan for Extremely Hazardous Substances, if they are stored on the same zoning lot

From Use Group 17A:

Building materials or contractor's yards, open or enclosed, including sales, storage or handling of building materials, with no limitation on lot area per establishment, except that lumber yards shall be limited to 20,000 square feet of lot area per establishment, and provided that any yard in which such use is conducted is completely enclosed on all sides by a solid opaque fence or wall (including opaque solid entrance and exit gates) of suitable uniform material and color, at least eight feet in height and constructed in accordance with rules and regulations to be promulgated by the Commissioner of Buildings

Produce or meat markets, wholesale

From Use Group 17B (Manufacturing Establishments):

Apparel or other textile products from textiles or other materials, including hat bodies or similar products

Bottling work, for all beverages

Canvas products, not involving the manufacturing of canvas

Cork products

Fur goods, not including tanning or dyeing

Glass products from previously manufactured glass

Hair, felt or feather products, except washing, curing or dyeing

Hosiery

Ice, natural

Jute, hemp, sisal or oakum products

Mattresses, including rebuilding or renovating

Scenery construction

Shoddy

Soap or detergents, packaging only

Textiles, spinning, weaving, manufacturing, knit goods, yarn, thread or cordage, not involving printing or dyeing

Upholstering, bulk, excluding upholstering shops dealing directly with consumers

Wax products

From Use Group 17C:

Agriculture, including greenhouses, nurseries or truck gardens

Docks for passenger ocean vessels

Docks for sightseeing, excursion or sport fishing vessels, with no limitation on vessel or dock capacity

Docks for vessels not otherwise listed

Public transit, railroad or electric utility substations, open or enclosed, with no limitations as to size

Railroads, including rights-of-way, freight terminals, yards or appurtenances, or facilities or services used or required in railroad operations, but not including passenger stations

Truck weighing stations, open or enclosed

Trucking terminals or motor freight stations, with no limitation on lot area per establishment

From Use Group 18:

Breweries, limited to 10,000 square feet of floor area per establishment

Uses accessory to the preceding listed uses

The following uses from Use Groups 16 and 17 are permitted in Special Mixed Use Districts subject to the certification requirements and locational restrictions of this Section:

From Use Group 16A:

Animal hospitals or kennels

Blacksmith shops

Carpentry, custom woodworking or custom furniture making shops

Fuel, oil, or coal sales, open or enclosed, limited to 5,000 square feet of lot area per establishment

Mirror silvering shops

Sign painting shops, with no limitation on floor area per establishment

Silver plating shops, custom

Soldering or welding shops

Tool, die, or pattern-making establishments, or similar small machine shops

Trade schools for adults, that use substances in quantities required under the City Right-to-Know Law to file a Risk Management Plan for Extremely Hazardous Substances

From Use Group 16B:

Automobile, truck, motorcycle or trailer body repairs, provided such use is conducted within a completely enclosed building

From Use Group 16D:

Carpet cleaning establishments

Dry cleaning or cleaning and dyeing establishments, with no limitation on type of operation, solvents, floor area or capacity per establishment

Laundries, medical or laboratory

Linen or towel supply establishments, where cleaning is done on the same zoning lot

Packing or crating establishments for substances in quantities required under the City Right-to-Know Law to file a Risk Management Plan for Extremely Hazardous Substances

Photographic developing or printing, with no limitation on floor area per establishment

Warehouses for substances in quantities required under the City Right-to-Know Law to file a Risk Management Plan for Extremely Hazardous Substances

Wholesale establishments selling, as part of their stock, substances in quantities required under the City Right-to-Know Law to file a Risk Management Plan for Extremely Hazardous Substances, with no limitation on accessory storage

From Use Group 17B (Manufacturing Establishments):

Adhesives, excluding manufacture of basic components

Advertising displays

Aircraft, including parts

Automobiles, trucks or trailers, including parts or rebuilding of engines

Beverages, non-alcoholic

Boats less than 200 feet in length, building or repair, open or enclosed, provided that such use or portion thereof may be conducted outside a completely enclosed building only if located at a distance greater than 200 feet from a Residence District boundary, or if effectively screened by a wall or fence at least eight feet in height with no boat building located less than 30 feet from a Residence District boundary

Brushes or brooms

Cameras or other photographic equipment, except film

Canvas

Carpets

Ceramic products, including pottery, small glazed tile, or similar products

Chemicals, compounding or packaging

Cosmetics or toiletries

Cotton ginning, or cotton wadding or linters

Electrical appliances, including lighting fixtures, irons, fans, toasters, electric toys, or similar appliances

Electrical equipment assembly, including home radio or television receivers, home movie equipment, or similar products, but not including electrical machinery

Electrical supplies, including wire or cable assembly, switches, lamps, insulation, dry cell batteries, or similar supplies

Film, photographic

Food products, except slaughtering of meat or preparation of fish for packaging

Ice, dry

Ink or inked ribbon

Laboratories, research, experimental or testing

Leather products, including shoes, machine belting, or similar products

Luggage

Machines, business, including typewriters, accounting machines, calculators, card-counting equipment, or similar products

Machinery, miscellaneous, including washing machines, firearms, refrigerators, air-conditioning, commercial motion picture equipment, or similar products

Machine tools, including metal lathes, metal presses, metal stamping machines, woodworking machines, or similar products

Metal finishing, plating, grinding, sharpening, polishing, cleaning, rust-proofing, heat treatment, or similar products

Metal stamping or extrusion, including costume jewelry, pins and needles, razor blades, bottle caps, buttons, kitchen utensils, or similar products

Motorcycles, including parts

Musical instruments, including pianos or organs

Novelty products

Optical equipment, clocks or similar precision instruments

Orthopedic or medical appliances, including artificial limbs, braces, supports, stretchers, or similar appliances

Paper products, including envelopes, stationery, bags, boxes, shipping containers, bulk goods, tubes, wallpaper printing, or similar products

Perfumes or perfumed soaps, compounding only

Pharmaceutical products

Plastic products, including tableware, phonograph records, buttons, or similar products

Printing or publishing, with no limitation on floor area per establishment

Rubber products, such as washers, gloves, footwear, bathing caps, atomizers, or similar products, excluding manufacture of natural or synthetic rubber

Silverware, plate or sterling

Sporting or athletic equipment, including balls, baskets, cues, gloves, bats, racquets, rods, or similar products

Statuary, mannequins, figurines, or religious art goods, excluding foundry operations

Steel products, miscellaneous fabrication or assembly, including steel cabinets, doors, fencing, metal furniture, or similar products

Textiles, dyeing or printing

Tobacco, including curing, or tobacco products

Tools or hardware, including bolts, nuts, screws, doorknobs, drills, hand tools or cutlery, hinges, house hardware, locks, non-ferrous metal castings, plumbing appliances, or similar products

Toys

Umbrellas

Vehicles, children's, including bicycles, scooters, wagons, baby carriages, or similar vehicles

Venetian blinds, window shades, or awnings, with no limitation on production or on floor area per establishment

Wood products, including furniture, boxes, crates, baskets, pencils, cooperage works, or similar products

Uses accessory to the preceding listed uses

Any use from Use Group 16 or 17, listed in this Section, may only locate in a building enlarged or developed after December 10, 1997, containing a use listed in Section 123-21 (Modification of Use Groups 2, 3 and 4), or share a common wall with such building, upon certification by a licensed architect or engineer to the Department of Buildings that any such use listed in Use Group 16 or 17:

(a)        does not have a New York City or New York State environmental rating of "A", "B" or "C" under Section 24—153 of the New York City Administrative Code for any process equipment requiring a New York City Department of Environmental Protection operating certificate or New York State Department of Environmental Conservation state facility permit; and

(b)        is not required, under the City Right-to-Know Law, to file a Risk Management Plan for Extremely Hazardous Substances.

The following uses listed in Use Groups 16 and 18 shall not be allowed in Special Mixed Use Districts:

From Use Group 16A:

Animal pounds or crematoriums

Crematoriums, human

From Use Group 16C:

Public transit yards, open or enclosed, including accessory motor fuel pumps

From Use Group 18:

Any use listed in Use Group 18, except that breweries limited to 10,000 square feet of floor area shall be permitted as-of-right

Uses accessory to the preceding listed uses

In the event that provisions of this Resolution permit a use by special permit, authorization or certification in both designated M1 and Residence Districts, no more than one special permit, authorization or certification is required to permit any such use in the Special Mixed Use District.

In the event that a provision of this Resolution permits a use by special permit, authorization or certification in either a designated M1 or Residence District and another provision permits such use without a special permit, authorization or certification in the other designated district, no special permit, certification or authorization shall be required in the Special Mixed Use District. In such case, the bulk regulations of the district allowing the use as-of-right shall control.

In Special Mixed Use Districts, in any building or portion of a building occupied by residential uses, commercial or manufacturing uses may be located only on a story below the lowest story occupied by dwelling units, except that this limitation shall not preclude the:

(a)        extension of a permitted business sign, accessory to such non-residential use, to a maximum height of two feet above the level of a finished floor of the second story, but in no event higher than six inches below the lowest window sill on the second story;

(b)        location of commercial or manufacturing uses on the same story, or on a story higher than that occupied by dwelling units, in buildings in existence on or prior to December 10, 1997, that are partially converted to residential use pursuant to paragraph (a) of Section 123-67 (Residential Conversion), or were previously so converted pursuant to Article I, Chapter 5 (Residential Conversion Within Existing Buildings); or

(c)        location of commercial or manufacturing uses on the same story, or on a story higher than that occupied by dwelling units, provided that the commercial or manufacturing uses are:

(1)        located in a portion of the mixed use building that has separate direct access to the street with no access to the residential portion of the building at any story; and

(2)        not located directly over any portion of a building containing dwelling units.

In Special Mixed Use Districts, all new dwelling units shall be provided with a minimum 35dB(A) of window wall attenuation to maintain an interior noise level of 45dB(A) or less, with windows closed, and shall provide an alternate means of ventilation. However, upon application to the Office of Environmental Remediation (OER) by the owner of the affected building, consistent with its authority under the provisions of Section 11-15 (Environmental Requirements) with respect to (E) designations, OER may modify the requirements of this Section, based upon new information, additional facts or updated standards, as applicable, provided that such modification is equally protective. In such instances, OER shall provide the Department of Buildings with notice of such modification, stating that it does not object to the issuance of a building permit, or temporary or final certificate of occupancy.

In Special Mixed Use Districts, the provisions regulating signs in C6-1 Districts, as set forth in Section 32-60 (SIGN REGULATIONS), shall apply for any sign. For the purposes of applying such regulations in Special Mixed Use Districts, all references to mixed buildings shall include mixed use buildings.

In MX-9 Districts, the provisions of this Section shall apply, except that the City Planning Commission may permit the modification of the applicable provisions of Sections 32-64 (Surface Area and Illumination Provisions) and 32-65 (Permitted Projection or Height of Signs), provided the Commission finds that such signs are consistent with the character of the surrounding area. However, no modification shall be made to the applicable provisions of Section 32-644 (Illuminated or flashing signs in C4, C5-4, C6 or C7 Districts) relating to flashing signs.

In Special Mixed Use Districts, a non-conforming use may be changed only to a conforming use.

The following Sections of Article V, Chapter 2 (Non-conforming Uses), shall not apply: Sections 52-32 through 52-37, inclusive; Sections 52-43 through 52-46, inclusive; Sections 52-54, 52-56, 52-62, 52-72, 52-731, 52-732, 52-74, and 52-75.

All buildings or other structures on zoning lots within the Special Mixed Use District shall comply with the bulk regulations of this Chapter.

In Special Mixed Use Districts, the bulk regulations set forth in Article II, Chapter 3, shall apply to all residential uses in a building or other structure, and the bulk regulations set forth in paragraph (a) of Section 24-013 (Special provisions for certain community facility uses) shall apply to buildings, or portions thereof, containing long-term care facilities. The bulk regulations set forth in Article IV, Chapter 3, shall apply to all manufacturing, commercial and other community facility uses in a building or other structure. Exceptions to the applicability of such underlying bulk regulations are set forth in Sections 123-60 through 123-66, inclusive. Where, pursuant to paragraph (a) of Section 24-013, buildings containing long-term care facilities are required to utilize the bulk provisions applicable to affordable independent residences for seniors, the exceptions to the underlying bulk regulations set forth in this Chapter applicable to affordable independent residences for seniors shall also apply to long-term care facilities.  

When two or more buildings on a single zoning lot are used in any combination for uses which, if located in a single building, would make it a mixed use building, the regulations set forth in this Section shall apply as if such buildings were a single mixed use building.

The maximum floor area ratio permitted for a community facility use pursuant to Article IV, Chapter 3, shall not apply. In lieu thereof, the maximum floor area ratio permitted for a community facility use shall be the maximum floor area ratio allowed for a community facility use pursuant to the designated Residence District regulations set forth in Section 24-10 (FLOOR AREA AND LOT COVERAGE REGULATIONS), inclusive. Lot coverage requirements shall not apply.

When the designated district is an R7-3 District, the maximum floor area ratio for a community facility use shall be 5.0.

When the designated district is an R9-1 District, the maximum floor area ratio for a community facility use shall be 9.0.

The provisions of this Section shall not apply on waterfront blocks, as defined in Section 62-11. In lieu thereof, the applicable maximum floor area ratio set forth for community facility uses in Section 62-30 (SPECIAL BULK REGULATIONS) through 62-32 (Maximum Floor Area Ratio and Lot Coverage on Waterfront Blocks), inclusive, shall apply.

Where the designated Residence District is an R6, R7, R8 or R9 District, the minimum required open space ratio and maximum floor area ratio provisions of Section 23-151 (Basic regulations for R6 through R9 Districts) shall not apply. In lieu thereof, all residential buildings, regardless of whether they are required to be developed or enlarged pursuant to the Quality Housing Program, shall comply with the maximum floor area ratio and lot coverage requirements set forth for the designated district in Sections 23-153 (For Quality Housing buildings) or 23-155 (Affordable independent residences for seniors), as applicable.

Where the designated district is an R7-3 District, the maximum floor area ratio shall be 5.0 and the maximum lot coverage shall be 70 percent on an interior or through lot and 100 percent on a corner lot.

Where the designated district is an R9-1 District, the maximum floor area ratio shall be 9.0, and the maximum lot coverage shall be 70 percent on an interior or through lot and 100 percent on a corner lot.

The provisions of this Section shall not apply on waterfront blocks, as defined in Section 62-11. In lieu thereof, the applicable maximum floor area ratio and lot coverage requirements set forth for residential uses in Sections 62-30 (SPECIAL BULK REGULATIONS) through 62-32 (Maximum Floor Area Ratio and Lot Coverage on Waterfront Blocks), inclusive, shall apply.

However, in Inclusionary Housing designated areas and Mandatory Inclusionary Housing areas, as listed in the table in this Section, the maximum permitted floor area ratio shall be as set forth in Section 23-154 (Inclusionary Housing). The locations of such districts are specified in APPENDIX F of this Resolution.

Special Mixed Use District

Designated Residence District

MX-1 — Community District 1, The Bronx

R6A  R7D

MX 2 - Community District 2, Brooklyn

R7A  R8A  R8X

MX 4 — Community District 3, Brooklyn

R6A

MX 8 - Community District 1, Brooklyn

R6  R6A  R6B  R7A

MX 11 - Community District 6, Brooklyn

R7-2

MX 13 — Community District 1, The Bronx

R6A  R7A  R7X  R8A

MX 14 - Community District 6, The Bronx

R7A  R7X

MX 16 - Community Districts 5 and 16, Brooklyn

R6A  R7A  R7D  R8A

MX 18 - Community District 1, The Bronx

R7X

MX 20 - Community District 8, Brooklyn

R7A

For zoning lots containing mixed use buildings, the following provisions shall apply.

(a)        Maximum floor area ratio

(1)        Manufacturing or commercial uses

The maximum floor area ratio permitted for manufacturing or commercial uses shall be the applicable maximum floor area ratio permitted for manufacturing or commercial uses under the provisions of Section 43-12, in accordance with the designated M1 District.

(2)        Community facility uses

The maximum floor area ratio permitted for community facility uses shall be the applicable maximum floor area ratio permitted for community facility uses in Residence Districts under the provisions of Section 24-10 (FLOOR AREA AND LOT COVERAGE REGULATIONS), inclusive, in accordance with the designated Residence District.

(3)        Residential uses

Where the Residence District designation is an R3, R4 or R5 District, the maximum floor area ratio permitted for residential uses shall be the applicable maximum floor area ratio permitted for residential uses under the provisions of Section 23-14, inclusive, in accordance with the designated Residence District.

Where the Residence District designation is an R6, R7, R8, R9 or R10 District, the maximum floor area ratio permitted for residential uses shall be the applicable maximum floor area ratio permitted for residential uses under the provisions of Section 123-63, in accordance with the designated Residence District.

(4)        Maximum floor area in mixed use buildings

The maximum total floor area in a mixed use building shall be the maximum floor area permitted for either the commercial, manufacturing, community facility or residential use, as set forth in this Section, whichever permits the greatest amount of floor area.

However, in Inclusionary Housing designated areas, except within Waterfront Access Plan BK-1, the maximum floor area ratio permitted for zoning lots containing residential and commercial, community facility or manufacturing uses shall be the base floor area ratio set forth in Section 23-154 (Inclusionary Housing) for the applicable district. Such base floor area ratio may be increased to the maximum floor area ratio set forth in such Section only through the provision of affordable housing, pursuant to Section 23-90, inclusive.

(b)        Lot coverage requirements

Lot coverage requirements shall not apply.

Any floor area bonus for a public plaza or arcade, permitted under the applicable district regulations, shall apply to a zoning lot containing a mixed use building, provided that any given public plaza or arcade shall be counted only once in determining a bonus.

However, on waterfront blocks, as defined in Section 62-11, floor area bonuses for a public plaza or arcade shall not apply.

No front yards or side yards are required in Special Mixed Use Districts. However, for residential buildings other than single- or two-family residences, if any open area extending along a side lot line is provided at any level, such open area shall have a minimum width of eight feet.

No front yards or side yards are required in Special Mixed Use Districts. However, if any open area extending along a side lot line is provided at any level, such open area shall have a minimum width of eight feet; except, if the mixed use building contains no more than two dwelling units, the open area extending along a side lot line may be less than eight feet in width at the level of the dwelling unit. For a residential portion of a mixed use building, the required rear yard shall be provided at the floor level of the lowest story containing dwelling units where any window of such dwelling unit faces onto such rear yard.

On waterfront blocks, as defined in Section 62-11, the rear yard regulations of Section 62-33 (Special Yard Regulations on Waterfront Blocks) shall apply. However, for mixed use buildings, the special yard regulations of Section 123-652 shall apply.

Along such portion of the Special Mixed Use District boundary that coincides with a side lot line of a zoning lot within an R1, R2, R3, R4 or R5 District, an open area not higher than curb level and with a width of at least eight feet shall be required within the Special Mixed Use District.

A portion of a building used for residential uses other than dwelling units in Quality Housing buildings containing affordable independent residents for seniors on zoning lots meeting the criteria set forth in paragraph (a)(4) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors) shall be a permitted obstruction within a rear yard or rear yard equivalent on zoning lots in Special Mixed Use Districts with R6 through R10 District designations, provided that the height of such building portion does not exceed one story, or 15 feet above the adjoining grade, whichever is less, and provided that such space shall be accessible to all residents of the building.

The height of all buildings or other structures in Special Mixed Use Districts shall be measured from the base plane.

The following modifications of height and setback regulations set forth in paragraphs (a) and (b) apply in Historic Districts designated by the Landmarks Preservation Commission:

(a)        For any zoning lot located in a Historic District designated by the Landmarks Preservation Commission, the minimum base height of a street wall  may vary between the height of the street wall of an adjacent building before setback, if such height is lower than the minimum base height required, up to the minimum base height requirements of this Chapter.

(b)        In Special Mixed Use District 2 in the Borough of Brooklyn, where the designated Residence District is an R8X District, the maximum base height of a street wall may vary between the maximum base height set forth in this Chapter, and the height of the street wall of an adjacent building before setback, if such height is higher than the maximum base height set forth in this Chapter. For the purposes of this paragraph (b), a building situated directly across a street from a development shall be considered an adjacent building.

On waterfront blocks, as defined in Section 62-11, where the designated Residence District is R3, R4 or R5, the height and setback regulations of Section 62-34, inclusive, shall apply to buildings and other structures, except that for mixed use buildings, the height and setback regulations set forth in Section 123-661 (Mixed use buildings in Special Mixed Use Districts with R3, R4 or R5 District designations) shall apply.

In Special Mixed Use Districts where the designated Residence District is an R3, R4 or R5 District, the height and setback regulations of Sections 23-60 and 43-40 shall not apply to mixed use buildings. In lieu thereof, no building or other structure shall exceed a height of 35 feet within 25 feet of a street line. Beyond 25 feet of a street line, no building or other structure shall exceed a height of 60 feet. Notwithstanding the foregoing, the provisions of Sections 23-62, 24-51 and 43-42 (Permitted Obstructions) shall apply to any mixed use building.

In Special Mixed Use Districts where the designated Residence District is an R6, R7, R8, R9 or R10 District, the height and setback regulations of Sections 23-60 and 43-40 shall not apply. In lieu thereof, all buildings or other structures shall comply with the height and setback regulations of this Section.

(a)        Medium and high density non-contextual districts

(1)        In Special Mixed Use Districts where the designated Residence District is an R6, R7, R8, R9 or R10 District without a letter suffix, the height of a building or other structure, or portion thereof, located within 10 feet of a wide street or 15 feet of a narrow street, may not exceed the maximum base height specified in Table A of this Section, except for dormers permitted in accordance with paragraph (c) of this Section. Beyond 10 feet of a wide street and 15 feet of a narrow street, the height of a building or other structure shall not exceed the maximum building height specified in Table A. However, a building or other structure may exceed such maximum building height by four stories or 40 feet, whichever is less, provided that the gross area of each story located above the maximum building height does not exceed 80 percent of the gross area of that story directly below it.

TABLE A

HEIGHT AND SETBACK FOR ALL BUILDINGS IN MEDIUM AND HIGH DENSITY NON-CONTEXTUAL DISTRICTS

District

Maximum Base Height (in feet)

Maximum Building Height (in feet)

R6

60

110

R7-1 R7-2

60

135

R7-3

85

185

R8

85

210

R9

85

225

R9-1

90

280

R10

110

350

(2)        In Special Mixed Use District 15 in the Borough of Manhattan, where the designated Residence District is an R7-2 District, the height and setback regulations of paragraph (a)(1) of this Section shall not apply. In lieu thereof, the height and setback regulations of this paragraph (a)(2) shall apply.

(i)        A building or other structure, or portion thereof, located within 10 feet of a wide street or 15 feet of a narrow street, shall rise to a minimum height of 60 feet, and may rise to a maximum height of 85 feet, except for dormers permitted in accordance with paragraph (c) of this Section.

(ii)        At least 70 percent of the aggregate width of street walls shall be located on the street line and shall extend to the minimum base height of 60 feet or the height of the building, whichever is less. The remaining 30 percent of the aggregate width of street walls shall be located within eight feet of the street line.

(iii)        Existing buildings may be vertically enlarged by up to one story or 15 feet without regard to the street wall location provisions of this paragraph (a)(2). Beyond 10 feet of a wide street and 15 feet of a narrow street, the height of a building or other structure shall not exceed a maximum building height of 135 feet. However, a building or other structure may exceed a height of 135 feet by four stories or 40 feet, whichever is less, provided that the gross area of each story located above 135 feet does not exceed 80 percent of the gross area of that story directly below it.

(b)        Medium and high density contextual districts

In Special Mixed Use Districts where the Residence District designation is an R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9X, R10A or R10X District, the height and setback provisions of Section 23-662 shall apply. However, where the Residence District designation is an R6A, R6B, R7A, R7D, R8A or R8X District located outside the Manhattan Core, for buildings with qualifying ground floors utilizing the additional heights set forth in paragraph (b) of Section 23-662, the supplemental ground floor provisions set forth in paragraph (b)(2) of such Section shall be modified so that any permitted non-residential use in the Manufacturing District that is paired with such Residence District may be utilized to satisfy the ground floor use and depth requirements of Section 26-52 (Ground Floor Use and Depth Requirements). Where the Residence District designation is an R10X District, a tower may be provided in accordance with the provisions of Section 23-663. In addition, in all applicable districts, for buildings meeting the criteria set forth in paragraph (a) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), the height and setback provisions of paragraph (b) of Section 23-664 shall apply. Separate maximum building heights are set forth within Sections 23-662 and 23-664 for Quality Housing buildings with qualifying ground floors as well as for those with non-qualifying ground floors. In R8X Districts within Special Mixed Use District 2, the maximum building height for any development or enlargement that is not predominantly commercial, manufacturing, or a combination of commercial and manufacturing, shall be governed by the maximum building height and setback regulations applicable to an R8A District. For the purposes of this provision, "predominantly" shall mean at least 75 percent of the floor area of a building.

(c)        Permitted obstructions and dormer provisions

Obstructions shall be permitted pursuant to Sections 23-62, 24-51 or 43-42. In addition, in all Districts, within a required setback area, a dormer may be provided in accordance with the provisions of paragraph (c)(1) of Section 23-621.

However, all buildings or other structures on waterfront blocks, as defined in Section 62-11, shall comply with the height and setback regulations set forth for the designated Residential District as set forth in Section 62-34 (Height and Setback Regulations on Waterfront Blocks), inclusive.

(a)        The provisions of Article I, Chapter 5 (Residential Conversion Within Existing Buildings) shall not apply in Special Mixed Use Districts, except as expressly set forth herein.

In Special Mixed Use Districts, in any community district in the City, the conversion to residences of non-residential portions of buildings, in existence on or prior to December 10, 1997, shall be permitted subject to Sections 15-11, 15-12 and 15-30, paragraph (b).

Uses in buildings in existence on or prior to December 10, 1997, containing both residential and non-residential uses, shall not be subject to the provisions of Section 123-31 (Provisions Regulating Location of Uses in Mixed Use Buildings).

For the purposes of applying paragraph (a) of Section 15-111 to Special Mixed Use Districts where the designated Residence District is an R3 District, the minimum floor area per dwelling unit applicable to R4 Districts shall apply.

(b)        The conversion to residences of non-residential portions of buildings constructed after December 10, 1997, shall comply with the special bulk regulations of this Chapter for new residential development.

For Special Mixed Use Districts located within the Manhattan Core, the provisions of Article I, Chapter 3 (Comprehensive Off-street Parking and Loading Regulations in the Manhattan Core), inclusive, shall apply, and for Special Mixed Use Districts located within the Long Island City area, as defined in Section 16-02 (Definitions), the provisions of Article I, Chapter 6 (Comprehensive Off-street Parking Regulations in the Long Island City Area), inclusive, shall apply. For all other Special Mixed Use Districts, the provisions of this Section, inclusive, shall apply.

For manufacturing and commercial uses, the accessory off-street parking and loading regulations of the designated M1 District, as set forth in Article IV, Chapter 4 (Accessory Off-street Parking and Loading Regulations), shall apply.

For residences and community facility uses, the accessory off-street parking and loading regulations of the designated Residence District, as set forth in Article II, Chapter 5, shall apply, except that:

(a)        the provisions of Section 25-50 (RESTRICTIONS ON LOCATION OF ACCESSORY OFF-STREET PARKING SPACES) shall not apply. In lieu thereof, the provisions of Section 44-30 (RESTRICTIONS ON LOCATION AND USE OF ACCESSORY OFF-STREET PARKING SPACES) shall apply to such uses; and

(b)        for buildings containing residences in Special Mixed Use Districts, in addition to the applicable accessory off-street parking and loading regulations set forth in Article II, Chapter 5, the provisions of Sections 44-46 (Accessory Off-street Parking Spaces in Public Parking Garages), 44-47 (Parking Lot Maneuverability and Curb Cut Regulations) and 44-48 (Parking Lot Landscaping) shall apply.

For uses on waterfront blocks, as defined in Section 62-11, the special accessory off-street parking and loading regulations set forth in Section 62-40, inclusive, shall apply. When any use is permitted in both the designated Residence District and the designated M1 District, the accessory off-street parking and loading requirements applicable to the designated M1 District shall apply to such use.

In Article V, Chapter 4 (Non-complying Buildings), Section 54-311 (Buildings containing rooming units), shall not apply.

In Special Mixed Use Districts, the provisions of Section 26-42 (Planting Strips) shall not apply.

The Special Mixed Use District is mapped in the following areas:

Special Mixed Use District - 1:  (12/10/97)

Port Morris, The Bronx

The Special Mixed Use District - 1 is established in Port Morris in The Bronx as indicated on the zoning maps.

Special Mixed Use District - 2:  (7/29/09)

DUMBO, Brooklyn

The Special Mixed Use District - 2 is established in DUMBO in Brooklyn as indicated on the zoning maps.

Special Mixed Use District - 4:  (5/9/01)

Flushing/Bedford, Brooklyn

The Special Mixed Use District - 4 is established in Flushing/Bedford in Brooklyn as indicated on the zoning maps.

Special Mixed Use District - 5:  (1/30/02)

Red Hook, Brooklyn

The Special Mixed Use District - 5 is established in Red Hook in Brooklyn as indicated on the zoning maps.

Special Mixed Use District - 6:  (7/23/08)

Hudson Square, Manhattan

The Special Mixed Use District - 6 is established in Hudson Square in Manhattan as indicated on the zoning maps.

Special Mixed Use District - 7:  (8/19/03)

Morrisania, The Bronx

The Special Mixed Use District - 7 is established in Morrisania in The Bronx as indicated on the zoning maps.

Special Mixed Use District - 8:  (5/11/05)

Greenpoint-Williamsburg, Brooklyn

The Special Mixed Use District - 8 is established in Greenpoint-Williamsburg in Brooklyn as indicated on the zoning maps.

Special Mixed Use District - 9:  (8/16/06)

Northern Hunters Point Waterfront, Queens

The Special Mixed Use District - 9 is established in the Northern Hunters Point Waterfront in Queens as indicated on the zoning maps.

Special Mixed Use District - 10:  (10/29/07)

Atlantic and Howard Avenues, Brooklyn

The Special Mixed Use District - 10 is established on Atlantic and Howard Avenues in Brooklyn as indicated on the zoning maps.

Special Mixed Use District - 11:  (3/11/09)

Gowanus, Brooklyn

The Special Mixed Use District - 11 is established in Gowanus in Brooklyn as indicated on the zoning maps.

Special Mixed Use District - 12:  (10/27/10)

Borough Park, Brooklyn

The Special Mixed Use District - 12 is established in Borough Park in Brooklyn as indicated on the zoning maps.

Special Mixed Use District - 13:  (6/30/09)

Lower Concourse, The Bronx

The Special Mixed Use District - 13 is established in the Lower Concourse in The Bronx as indicated on the zoning maps.

Special Mixed Use District - 14:  (10/13/10)

Third Avenue/Tremont Avenue, The Bronx

The Special Mixed Use District - 14 is established along Third Avenue in The Bronx as indicated on the zoning maps.

Special Mixed Use District - 15:  (11/13/12)

West Harlem, Manhattan

The Special Mixed Use District - 15 is established in West Harlem in Manhattan as indicated on the zoning maps.

Special Mixed Use District - 16:  (4/20/16)

Ocean Hill/East New York, Brooklyn

The Special Mixed Use District - 16 is established in Ocean Hill and East New York in Brooklyn as indicated on the zoning maps.

Special Mixed Use District - 17:  (3/22/18)

Hunts Point, The Bronx

The Special Mixed Use District - 17 is established in Hunts Point in The Bronx as indicated on the zoning maps.

Special Mixed Use District - 18:  (10/17/19)

Mott Haven, The Bronx

The Special Mixed Use District - 18 is established in Mott Haven in The Bronx as indicated on the zoning maps.

Special Mixed Use District - 20:  (5/8/19)

Crown Heights West, Brooklyn

The Special Mixed Use District - 20 is established in Crown Heights West in Brooklyn as indicated on the zoning maps.

The "Special Willets 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 transform Willets Point into a diverse and sustainable community that enhances connections to its surroundings through a unique combination of uses;

(b)        to create a retail and entertainment destination that catalyzes future growth and strengthens Flushing's role as a nexus of economic, social and cultural activity;

(c)        to encourage a mix of uses that complement sporting venues within Flushing Meadows-Corona Park;

(d)        to maximize utilization of mass transit, reducing the automobile dependency of the redevelopment;

(e)        to create a livable community combining housing, retail and other uses throughout the district;

(f)        to create a walkable, urban streetscape environment with publicly accessible open spaces;

(g)        to encourage the pedestrian orientation of ground floor uses;

(h)        to build upon the diversity of the Borough of Queens as well as the proximity of regional transportation facilities, including the Van Wyck and Whitestone Expressways, LaGuardia and JFK Airports and the Long Island Railroad;

(i)        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

(j)        to promote the most desirable use of land and building development in accordance with the District Plan and Urban Renewal Plan for Willets Point and thus improve the value of land and buildings and thereby improve the City's tax revenues.

The provisions of this Chapter shall apply within the Special Willets 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.

For the purposes of establishing blocks and applying the use, signage, street tree, height and setback, court, publicly accessible open space and curb cut regulations of this Chapter, connector streets, the eastern perimeter street, the primary retail street, residential streets, retail streets and service streets shall be considered streets, and their boundaries shall be treated as street lines.

Connector street

A "connector street" shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31 (Standards for Streets and Blocks), inclusive.

Eastern perimeter street

The "eastern perimeter street" shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31, inclusive.

Primary retail street

The "primary retail street" shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31, inclusive.

Residential street

A "residential street" shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31, inclusive.

Retail street

A "retail street" shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31, inclusive.

Service street

A "service street" shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31, inclusive.

District Plan Maps are located within the Appendix to this Chapter and are hereby incorporated and made part of this Resolution. They are incorporated for the purpose of specifying locations where special regulations and requirements set forth in the text of this Chapter apply.

The District Plan includes the following five maps:

Map 1 — Special Willets Point District Plan

Map 2 - Location Requirements for Convention Center, Cinema and Office Tower

Map 3 - Height Limits

Map 4 - Locations of Tower Walls without Setbacks

Map 5 - Mandatory Intersections

The provisions of Section 36-76 (Waiver or Reduction of Spaces for Subsidized Housing) shall not apply in the Special Willets Point District.

The following special permit by the Board of Standards and Appeals shall not be applicable:

Section 73-16        (Public Transit, Railroad or Electric Utility Substations) shall not apply to electrical utility substations. In lieu thereof, such use shall be allowed within the Special Willets Point District upon authorization of the City Planning Commission, pursuant to Section 124-16.

The following special permit by the City Planning Commission shall not be applicable:

Section 74-61        (Public Transit, Railroad or Electric Utility Substations) shall not apply to electrical utility substations. In lieu thereof, such use shall be allowed within the Special Willets Point District upon authorization of the City Planning Commission, pursuant to Section 124-16.

The requirements of this Section shall apply to zoning lots of at least 200,000 square feet of lot area, containing developments or enlargements resulting in at least 100,000 square feet of floor area on such zoning lots.

No building permit shall be issued until the Chairperson of the City Planning Commission certifies to the Department of Buildings that such developments or enlargements comply with the provisions of this Section.

A set of drawings of sufficient scope and detail shall be submitted, showing that:

(a)        all streets and private streets within or abutting the proposed development or enlargement comply with the provisions of Section 124-31 (Standards for Streets and Blocks), inclusive;

(b)        all streets and private streets within or abutting the proposed development or enlargement are constructed to grades acceptable to the Commissioner of Buildings and the Commissioner of Transportation;

(c)        all publicly accessible open spaces within or abutting the proposed development or enlargement comply with the provisions of Section 124-40 (PUBLICLY ACCESSIBLE OPEN SPACE REQUIREMENTS), inclusive; and

(d)        for any portion of the Special Willets Point District not within the area proposed for development or enlargement and for which a certification pursuant to this Section has not been obtained, plans shall be submitted showing that the development or enlargement that is the subject of this certification shall not preclude such portions of the Special Willets Point District from complying with the provisions of Sections 124-31 and 124-40 under future certifications pursuant to this Section.

The Chairperson may allow for phased development upon certification to the Commissioner of Buildings that a plan has been submitted that provides for the completion of any private streets and publicly accessible open spaces that are integral to the development or enlargement of a building or buildings within each phase.

The Chairperson shall modify the provisions of Section 124-31, inclusive, to the minimum extent necessary, in the event that the Fire Department determines in writing that such modifications are required under law or regulation governing adequate fire access.

All required private streets and publicly accessible open spaces, once certified in accordance with the provisions of this Section, shall be duly recorded in the form of a signed declaration of restrictions, including a maintenance and operation agreement, indexed against the property, binding the owners, successors and assigns to provide such private streets and publicly accessible open spaces and public access thereto in accordance with the plans certified by the Chairperson of the City Planning Commission. Such declaration or maintenance and operation agreement shall require that a bond be posted that would ensure that the private streets and public access areas are maintained in accordance with the declaration or maintenance and operation agreement and are closed only at authorized times. The filing of such declaration in the Borough Office of the Register of the City of New York shall be a precondition for the issuance of a building permit.

In addition, the private streets and publicly accessible open spaces integral to the development or enlargement of a building or buildings shall be recorded on the certificate of occupancy for such building or buildings by the Department of Buildings and shall be a condition of issuance of such certificate of occupancy.

The use regulations of the underlying district are modified as set forth in this Section, inclusive.

The provisions of Section 32-422 (Location of floors occupied by commercial uses) shall be 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.

Each ground floor dwelling unit on a residential street shall be directly accessible from such residential street. No more than one entrance to a residential street shall be required for any one ground floor dwelling unit.

(a)        Within Area B, as shown on Map 1 in the Appendix to this Chapter, commercial and special permit uses shall be limited to those uses permitted in a C1-4 District and physical culture or health establishments pursuant to Section 73-36, provided that commercial uses shall be located no more than 100 feet from a connector street, the present or former 34th Avenue or Willets Point Boulevard, or Area A, as shown on Map 1 in the Appendix to this Chapter.

(b)        Within Area B, uses permitted in the underlying district shall be permitted within an area east and south of the present or former Willets Point Boulevard and contiguous with Area A, provided that such area shall be limited to 115,000 square feet in land area.

The following special permits shall not apply. In lieu thereof, such uses shall be permitted as-of-right:

Section 74-41        (Arenas, Auditoriums, Stadiums or Trade Expositions) shall not apply for trade expositions with a capacity in excess of 2,500 persons, provided that the facility has a floor area of no more than 400,000 square feet;

Section 73-482        (In Commercial or Manufacturing Districts) shall not apply for group parking facilities exceeding 225 spaces, provided such facilities comply with the regulations set forth in Section 124-50 (OFF-STREET PARKING REGULATIONS), inclusive.

In buildings with frontage on 126th Street, the following special permits shall not apply. In lieu thereof, such uses shall be permitted as-of-right:

Section 73-244        (In C2, C3, C4*, C6-4**, M1-5A, M1-5B, M1-5M and M1-6M Districts, the Special Hudson Square District and the Special Tribeca Mixed Use District) shall not apply for eating and drinking establishments with a capacity of more than 200 persons, which shall be permitted as-of-right within 100 feet of a Residence District boundary

Section 73-35        (Amusement Arcades)

Section 73-36        (Physical Culture or Health Establishments)

Section 74-46        (Indoor Interactive Entertainment Facilities)

Section 74-47        (Amusement Arcades)

The following regulations shall apply within Area A, as shown on Map 1 in the Appendix to this Chapter, to all portions of buildings with frontage on 126th Street, the primary retail street, retail streets, connector streets and, in the event that a utility easement is retained on the block bounded by Roosevelt Avenue and 126th Street, along the frontage of the publicly accessible open space required by paragraph (d) of Section 124-42.

(a)        Ground floor uses

Uses within stories on the ground floor or with a floor level within five feet of base flood elevation shall be limited to commercial uses permitted by the underlying district, except uses listed in Use Groups 6B, 6E, 8C, 8D, 9B, 10B or 12D. A building's frontage shall be allocated exclusively to such uses, except for Type 2 lobby space or entryways, provided in accordance with Section 37-33 (Maximum Width of Certain Uses), parking pursuant to Section 124-50, inclusive, and vehicular access pursuant to Section 124-53 (Curb Cut Restrictions). Such uses shall have a minimum depth of 50 feet measured from any street wall facing 126th Street, the primary retail street or connector streets.

(b)        Maximum length of establishments facing 126th Street and the primary retail street

The length of ground floor frontage occupied by any establishment shall not exceed 110 feet along 126th Street and 65 feet along the primary retail street. Such maximum lengths shall apply within 50 feet of any street wall facing 126th Street and the primary retail street. However, the provisions of this paragraph, (b), shall not apply within 300 feet of Northern Boulevard.

(c)        Access

Access to each ground floor establishment shall be provided directly from a street.

(d)        Transparency

For any building, or portion thereof, developed or enlarged after November 13, 2008, each ground floor street wall shall be glazed in accordance with Section 37-34 (Minimum Transparency Requirements).

However, in locations where such ground floor street wall above the level of the adjoining sidewalk or public access area is below base flood elevation, the required glazed area shall occupy an area measured from base flood elevation.

The height of all signs shall be measured from base flood elevation. The underlying sign regulations shall apply, except as set forth in this Section.

(a)        Within Area A, as shown on Map 1 in the Appendix to this Chapter, the sign regulations of a C4 District shall apply, except for street walls facing Roosevelt Avenue, Northern Boulevard and 126th Street.

(b)        Within Area B, as shown on Map 1, the sign regulations of a C1 District shall apply, except that within the area described in paragraph (b) of Section 124-12, the sign regulations of a C4 District shall apply.

(c)        Within Area A, for street walls facing Roosevelt Avenue or Northern Boulevard, the sign regulations of a C4 District shall apply, except that signs shall be limited to 85 feet in height.

(d)        For street walls facing 126th Street to a height of 35 feet, the sign regulations of a C4 District shall apply, provided that the maximum projection of any sign from the exterior wall of a building shall be four feet, and the transparency requirements of paragraph (d) of Section 124-14 are met.

(e)        For street walls facing 126th Street above 35 feet in height, the sign regulations of a C4 District shall apply except that all permitted signs, including illuminated signs and flashing signs, shall be permitted without limitation on surface area, provided that:

(1)        no such signs are higher than 85 feet;

(2)        the maximum projection of any sign from the exterior wall of a building shall be four feet, except that projections not exceeding six feet are permitted, provided that such projections beyond four feet shall comprise not more than 20 percent of the surface area of all such signs on the establishment; and

(3)        no sign attached to a building or other structure shall extend above any parapet wall or roof of such building or other structure.

(f)        Within 150 feet of the neighborhood park required pursuant to Section 124-42 (Types and Standards of Publicly Accessible Open Space), paragraph (a), flashing signs whose message is visible from such park shall not be permitted.

(g)        The provisions of Section 32-67 (Special Provisions Applying Along District Boundaries) shall not apply in the Special Willets Point District.

The City Planning Commission may authorize electrical utility substations in the Special Willets Point District in order to serve the needs of the Special District, and the regulations thereof shall be modified as necessary to accommodate the operational needs of the substation, upon authorization of the City Planning Commission, provided the Commission finds that:

(a)        the architectural and landscaping treatment of such use shall blend harmoniously with the abutting area to the extent reasonably permitted by the operational needs of the substation; and

(b)        if the site proposed for such use is within Area A, as shown on Map 1 in the Appendix to this Chapter, that there are difficulties in locating such use within Area B, as shown on Map 1.

The Commission may, consistent with cost-effective operations and capital planning, and the operational needs of the substation, prescribe appropriate conditions and safeguards on matters necessary to effectuate the provisions of paragraph (a) of this Section that are not regulated by other applicable codes, laws, rules or regulations. The applicant shall provide the Department of City Planning with a general description of such codes, laws, rules or regulations and a certification that the proposed substation shall comply therewith.

The Board of Standards and Appeals may permit a combined heat and power cogeneration plant not to exceed 100,000 square feet in floor area, provided that:

(a)        the power plant is designed to maximize both electric and thermal cogeneration system efficiency to the greatest extent feasible;

(b)        a detailed energy analysis is submitted to the Board demonstrating that the system as designed shall operate with maximum efficiency and perform more effectively than a traditional, power-purchased-from-grid system; and

(c)        the power plant is designed primarily to serve the Special Willets Point District.

In addition, the Board shall refer such application to the Department of Environmental Protection for a report to ensure that the power plant is designed to maximize cogeneration efficiency to the greatest extent feasible and that the system as designed shall operate with maximum efficiency and perform more effectively than a traditional, power-purchased-from-grid system.

The Board may prescribe appropriate conditions or safeguards to minimize adverse effects on the character of the surrounding area including safety devices, emissions limits and the concealment of such use with building enclosures, landscaping, buffer zones or other methods.

The Board of Standards and Appeals may permit an enclosed membrane bio-reactor wastewater treatment plant not to exceed 100,000 square feet in floor area on a site not to exceed 40,000 square feet in area, provided that the following findings are made:

(a)        that in all cases the proposed plant promotes and protects the public health, safety and general welfare;

(b)        the proposed plant shall be adequate for anticipated development in the area to be served;

(c)        the proposed plant is designed primarily to serve the Special Willets Point District;

(d)        the site for such use is so located as to minimize the adverse effects on the integrity of existing and future development, and to minimize the interruption of the continuity of retail frontage;

(e)        the architectural and landscaping treatment of such use shall blend harmoniously with the rest of the area; and

(f)        that such use shall conform to the performance standards applicable to M1 Districts.

In addition, the Board shall refer such application to the Department of Health and the Department of Environmental Protection for a report to ensure that the site-specific design of the enclosed membrane bio-reactor waste water treatment plant meets all City and State health and effluent standards.

The Board may prescribe appropriate conditions or safeguards to minimize adverse effects on the character of the surrounding area including requirements for soundproofing, safety devices, and the concealment of such use with building enclosures, landscaping, buffer zones or other methods.

A trade exposition center, hereinafter referred to as a convention center, is permitted in the Special Willets Point District only in accordance with this Section and shall be located on a connector street. A convention center may only be located in the area as depicted on Map 2 (Location Requirements for Convention Center, Cinema and Office Tower) in the Appendix to this Chapter, being entirely within 650 feet of Northern Boulevard.

Furthermore, a convention center may not be located within 200 feet of 126th Street, and any portion of a convention center located between 200 feet and 450 feet of 126th Street shall be limited to no more than 50,000 square feet of floor area.

Section 124-14 (Retail Continuity) shall not be applicable to a convention center. In lieu thereof, the transparency requirements of this Section shall apply to the street wall of a convention center facing a connector street. Such street wall shall be glazed with 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 such street wall, measured to a height of 15 feet above the level of the adjoining sidewalk or public access area. Not less than 40 percent of such area shall be glazed with transparent materials.

The main entrance(s) of such convention center shall be on a connector street.

Theaters comprising over 10,000 square feet in floor area shall be located entirely within 600 feet of the intersection of Roosevelt Avenue and 126th Street, as depicted on Map 2 (Location Requirements for Convention Center, Cinema and Office Tower) in the Appendix to this Chapter.

Use Group 6B office uses, pursuant to Section 32-15, located on any story entirely above 120 feet in height shall be located entirely within 600 feet of the intersection of Roosevelt Avenue and 126th Street, as depicted on Map 2 (Location Requirements for Convention Center, Cinema and Office Tower) in the Appendix to this Chapter.

In the Special Willets Point District, bulk regulations shall be as set forth in this Section, inclusive.

Zoning lots containing less than 200,000 square feet of lot area shall not exceed a floor area ratio of 2.0.

Zoning lots containing at least 200,000 square feet of lot area shall have a maximum floor area ratio as follows:

(a)        Within Area A, as shown on Map 1 in the Appendix of this Chapter:

(1)        Zoning lots of at least 28 acres of lot area shall have a maximum commercial floor area ratio of 2.0 and a maximum total floor area ratio of 4.6.

(2)        For zoning lots less than 28 acres:

(i)        north of the centerline of the present or former 34th Avenue, the maximum commercial floor area ratio shall be 2.0 and the maximum total floor area ratio shall be 3.4.

(ii)        south of the centerline of the present or former 34th Avenue, the maximum commercial floor area ratio shall be 2.0 and the maximum total floor area ratio shall be 5.0.

(b)        Within Area B, as shown on Map 1:

(1)        Zoning lots of at least 33 acres of lot area shall have a maximum commercial floor area ratio of 2.0 and a maximum total floor area ratio of 2.25.

(2)        For zoning lots less than 33 acres:

(i)        north of the centerline of the present or former 34th Avenue, the floor area ratio shall not exceed 2.0.

(ii)        south of the centerline of the present or former 34th Avenue, and north and west of the centerline of the present or former Willets Point Boulevard, the maximum commercial floor area ratio shall be 2.0 and the maximum total floor area ratio shall be 3.0.

(iii)        south and east of the centerline of the present or former Willets Point Boulevard, the maximum commercial floor area ratio shall be 2.0 and the maximum total floor area ratio shall be 4.0.

The height and setback regulations of this Section shall apply throughout the Special Willets Point District, except that developments or enlargements that result in less than 100,000 square feet of floor area on zoning lots of less than 200,000 square feet shall be limited to the height and setback regulations of an R6B District. The height of all buildings or other structures shall be measured from the level of the adjoining sidewalk or other publicly accessible open space. For the purposes of this Section, the present or former 34th Avenue and Willets Point Boulevard shall be considered to be connector streets, 127th Street shall be considered to be a residential street, and public access areas provided pursuant to paragraph (d) of Section 124-42 (Types and Standards of Publicly Accessible Open Space) shall be considered a connector street.

(a)        Street wall location and base heights

(1)        Except along 126th Street, Northern Boulevard and residential streets, at least 70 percent of the aggregate width of street walls shall be located within eight feet of the street line or public access area and shall extend without setback to a minimum base height of 60 feet or the height of the building, whichever is less. The maximum height of a building or other structure before setback shall be 85 feet. However, the minimum base height of a convention center shall be 40 feet or the height of the building, whichever is less.

(2)        Along 126th Street, at least 80 percent of the aggregate width of street walls shall be located within 60 feet of the street line of 126th Street and shall extend to a minimum base height of 60 feet or the height of the building, whichever is less. The maximum height of a building or other structure before setback shall be 85 feet. However, for buildings directly opposite Citi Field Stadium, a setback lower than 60 feet shall be permitted, provided that:

(i)        for buildings greater than 85 feet in height, an additional setback is provided between a height of 60 and 85 feet; and

(ii)        eating and drinking establishments with outdoor seating on terraces overlooking 126th Street are provided on the second story. Such terraces shall be located on the roof level above the ground floor level of the building, at a height not lower than 20 feet or higher than 30 feet above the level of the sidewalk fronting the 126th Street street wall of the building, and shall have a minimum depth of 15 feet.

(3)        Along residential streets, at least 70 percent of the aggregate width of street walls shall be located within eight feet of the street line or public access area and shall extend without setback to a minimum base height of 40 feet or the height of the building, whichever is less. The maximum height of a building or other structure before setback shall be 85 feet. Where street walls facing residential streets contain ground floor dwelling units, such street walls shall be set back at least four feet from the street line. The building may project into the required setback area, provided that:

(i)        any such projection does not exceed 20 feet in width;

(ii)        any such projection does not exceed 25 feet in height;

(iii)        the aggregate width of all such projections at the level of any story shall not exceed 50 percent of the width of the street wall of the building; and

(iv)        all such projections are at least 10 feet apart.

(4)        Along Northern Boulevard, no portion of a street wall shall be located closer to Northern Boulevard than eight feet. At least 70 percent of the aggregate width of street walls shall be located between eight and 15 feet of the Northern Boulevard street line and shall extend without setback to a minimum base height of 60 feet or the height of the building, whichever is less. The maximum height of a building or other structure before setback shall be 85 feet.

(5)        Wherever an open area is provided between the street wall of a building and the street line, such area shall be planted, except at entrances to and exits from the building, and except where non-residential uses are provided at the ground floor level of the building.

(b)        Required setbacks and maximum building height

Except as provided in paragraph (c)(6) of this Section, setbacks are required for all portions of buildings or other structures that exceed a height of 85 feet. Such setbacks shall be provided at a height not lower than 60 feet. The depth of the required setback shall be at least 10 feet measured from any required street wall fronting on a wide street, and at least 15 feet from any required street wall fronting on a narrow street. Where portions of buildings or other structures that exceed a height of 85 feet are not located above a required street wall, such portions shall be set back at least 10 feet from a wide street line and at least 15 feet from a narrow street line. However, dormers may penetrate a height of 85 feet in accordance with the provisions of paragraph (c) of Section 23-621 (Permitted obstructions in certain districts). Within the area limited to 232 feet above mean sea level, as shown on Map 3 in the Appendix to this Chapter, no portion of a building or other structure shall exceed a height of 120 feet except in accordance with the tower provisions of paragraph (c) of this Section.

(c)        Towers

Within the area limited to 232 feet above mean sea level, as shown on Map 3, any story of a building located above a height of 120 feet shall comply with the provisions of this paragraph (c). Such portions of a building are hereinafter referred to as "towers."

(1)        Maximum tower size

Each residential story of a tower located entirely above a height of 120 feet shall not exceed a gross area of 11,000 square feet.

(2)        Maximum tower length

The maximum length of any residential story located entirely above a height of 120 feet shall not exceed 170 feet. Such length shall be measured by inscribing within a rectangle the outermost walls of the tower at the level of each story entirely above a height of 120 feet. No side of such rectangle shall exceed a length of 170 feet.

(3)        Orientation

The length of any residential story located entirely above a height of 120 feet shall be at least 1.5 times its width and oriented so that the long side of such tower faces within 25 degrees of geographical south. Such length shall be measured by inscribing within a rectangle the outermost walls of the tower at the level of each story entirely above a height of 120 feet. The orientation provisions of this paragraph,(c)(3) need not apply if at least 75 percent of all towers in the Special Willets Point District for which building permits have been issued comply with such provisions.

(4)        Tower top articulation

For towers containing residences, the highest three stories, or as many stories as are located entirely above a height of 120 feet, whichever is less, shall have a lot coverage of at least 50 percent of the story immediately below such stories, and a maximum lot coverage of 80 percent of the story immediately below such stories. Such reduced lot coverage shall be achieved by one or more setbacks on each face of the tower, where at least one setback on each tower face has a depth of at least four feet, and a width that, individually or in the aggregate, is equal to at least 10 percent of the width of such respective tower face. For the purposes of this paragraph (c)(4), each tower shall have four tower faces, with each face being the side of a rectangle within which the outermost walls of the highest story not subject to the reduced lot coverage provisions have been inscribed. The required setbacks shall be measured from the outermost walls of the building facing each tower face. Required setback areas may overlap.

(5)        Distance between towers

The minimum distance between all towers shall be 60 feet.

(6)        Tower walls without setbacks

To permit a building to rise from grade to a tower portion without setback, the setback provisions of paragraph (b) of this Section shall not apply to any portion of a building located within the tower wall location areas shown on Map 4 in the Appendix to this Chapter, provided that this exception from paragraph (b) of this Section shall not apply to more than one tower for each block.

(d)        Maximum total height

Notwithstanding any other provisions of this Chapter, no building or other structure shall exceed the height limits depicted on Map 3. The height limits established in Map 3 include reference points for two airport approach surface areas that are continuous planes, and one area with a maximum height limitation of 232 feet above mean sea level (AMSL). The coordinates of the points are:

Point 1        73°50'42.9"W                40°45'38.1"N

Point 2         73°50'36.8"W                40°45'45.6"N

Point 3         73°50'26.6"W                40°45'39.3"N

Point 4        73°50'33.6"W                40°45'30.7"N

The height limits hereby established supersede the height limits described in Article VI, Chapter 1 (SPECIAL REGULATIONS APPLYING AROUND MAJOR AIRPORTS). Application may be made to the Board of Standards and Appeals pursuant to Section 73-66 (Height Regulations Around Airports) for a permit to construct a building or other structure in excess of what is permitted pursuant to this paragraph (d), provided that such application is also referred to the Port Authority of New York and New Jersey.

Developments or enlargements that result in a total of at least 100,000 square feet of floor area on zoning lots of at least 200,000 square feet, shall front upon streets that comply with the requirements of this Section, inclusive.

The maximum length of a block shall be 450 feet, except that:

(a)        where a block includes a convention center, such length shall be unlimited;

(b)        where a block bounds the intersection of 126th Street and Northern Boulevard, such length shall be limited to 675 feet;

(c)        where a block bounds the intersection of 126th Street and Roosevelt Avenue, such length shall be limited to 575 feet; and

(d)        blocks or portions of blocks east of a line 600 feet east of and parallel to 126th Street and west of a line 1,350 feet east of and parallel to 126th Street shall have a maximum distance between intersections on a connector street of 218 feet, except where a block includes a convention center or the minimum two-acre park required pursuant to Section 124-40 (PUBLICLY ACCESSIBLE OPEN SPACE REQUIREMENTS). Where public pedestrian access between a connector street and another street on the same block is located no less than 218 feet from both intersections on a connector street through provision of open space pursuant to Section 124-40, inclusive, such block or a portion of a block east of a line 600 feet east of and parallel to 126th Street and west of a line 1,350 feet east of and parallel to 126th Street may have a maximum distance between intersections on a connector street that does not exceed 400 feet, provided that there is only one such block in the Special District.

The provisions of this Section shall apply to all private streets constructed after November 13, 2008.

(a)        Primary retail street

One primary retail street shall be provided parallel to, or generally parallel to, 126th Street and comply with the following requirements:

(1)        The western boundary of such street shall be not less than 220 feet and not more than 320 feet from 126th Street.

(2)        Such street shall intersect two retail streets and two connector streets.

(3)        The width of such street shall be a minimum of 70 feet and a maximum of 80 feet, comprised of:

(i)        two 15 foot wide sidewalks, one adjacent to each curb;        

(ii)        two nine foot wide strips, one adjacent to each sidewalk which can be used as either parking lanes or pedestrian amenity areas that may include landscaping, seating and walkways;

(iii)        two travel lanes in the center of the street totaling 22 feet in width; and

(iv)        one optional eight to 10 foot wide landscaped median located on the centerline of the street between the two travel lanes provided that the street width shall not exceed 72 feet without such median.

(b)        Connector streets

Two connector streets shall be provided, as follows:

(1)        One connector street shall intersect 126th Street as shown on Map 5 in the Appendix to this Chapter.

(2)        One connector street shall intersect 126th Street opposite the south side of Citi Field Stadium within the 125 foot area shown on Map 5.

(3)        Both connector streets shall intersect with the primary retail street and with each other at a point east of the primary retail street.

(4)        The width of each connector street shall be at least 75 feet and no more than 86 feet, comprised of:

(i)        two 15 foot wide sidewalks, one adjacent to each curb;

(ii)        two nine foot wide strips, one adjacent to each sidewalk that can be used as either parking lanes or pedestrian amenity areas that may include landscaping, seating and walkways; and

(iii)        at least two travel lanes and not more than three travel lanes totaling at least 22 feet and not more than 33 feet in width, and one bike lane at least five feet wide.

(5)        Where a convention center fronts upon a connector street, the requirements set forth in this paragraph (b) shall be modified to eliminate the nine foot wide strip and, in lieu thereof, require a 12 foot wide drop off lane that, in the aggregate, shall not exceed 300 feet.

(c)        Retail streets

A minimum of two and maximum of three retail streets shall be provided, as follows:

(1)        One retail street shall intersect 126th Street opposite the entrance to Citi Field stadium, within the area shown on Map 5;

(2)        One retail street shall intersect 126th Street opposite the north side of Citi Field Stadium within the area shown on Map 5;

(3)        Two retail streets shall intersect with the primary retail street;

(4)        The width of each retail street shall be no more than 68 feet wide, comprised of:

(i)        two 13 foot wide sidewalks, one adjacent to each curb;

(ii)        two 10 foot wide strips, one adjacent to each sidewalk that can be used as pedestrian amenity areas that may include landscaping, seating and walkways; and

(iii)        two travel lanes totaling at least 22 feet in width.

(d)        Eastern perimeter street

One eastern perimeter street shall be provided as follows:

(1)        The eastern boundary of such street shall be within 20 feet of the eastern boundary of the Special Willets Point District, extending between Roosevelt Avenue and a connector street.

(2)        The width of such street shall be at least 62 feet and no more than 75 feet, comprised of:

(i)        a 13 foot wide sidewalk along its western boundary and a sidewalk at least five feet wide along its eastern boundary;

(ii)        two eight foot wide strips, one adjacent to each sidewalk that can be used as either a parking lane or as pedestrian amenity areas that may include landscaping, seating and walkways; and

(iii)        at least two and no more than three travel lanes totaling at least 20 feet and not more than 33 feet in width.

(e)        Residential streets

All streets, other than those listed in paragraphs (a) through (d) of this Section, that have one or more ground floor dwelling units fronting on the street shall be considered residential streets, except where such street is designated a service street pursuant to paragraph (f) of this Section. Residential streets shall be provided, as follows:

(1)        A residential street shall be a minimum of 62 feet wide and a maximum of 64 feet wide, comprised of:

(i)        two 13 foot wide sidewalks, one adjacent to each curb;

(ii)        two eight foot wide strips, one adjacent to each sidewalk that can be used as either a parking lane or as pedestrian amenity areas that may include landscaping, seating and walkways; and

(iii)        two travel lanes totaling between 20 and 22 feet in width.

(f)        Service streets

All newly constructed streets, other than those listed in paragraphs (a) through (e) of this Section, shall be improved as a service street. A minimum of 50 percent of the uses within stories on the ground floor or with a floor level within five feet of base flood elevation fronting a service street shall contain non-residential uses. Service streets shall be provided, as follows:

(1)        A service street may only be located as one of the streets bounding:

(i)        a block that bounds the intersection of 126th Street and Northern Boulevard; and

(ii)        a block that bounds the intersection of 126th Street and Roosevelt Avenue.

(2)        A service street shall be a minimum of 62 feet wide and a maximum of 64 feet wide, comprised of:

(i)        two 13 foot wide sidewalks, one adjacent to each curb;

(ii)        two eight foot wide strips, one adjacent to each sidewalk that can be used as either a parking lane or as pedestrian amenity areas that may include landscaping, seating and walkways; and

(iii)        two travel lanes totaling between 20 and 22 feet in width.

All developments or enlargements shall provide and maintain trees of not less than three-inch caliper at the time of planting in the sidewalk adjacent to the building on the side of the sidewalk closest to the travel lane. All such trees shall be provided for the entire length of the frontage of the building, for every 25 feet of such frontage, except where curb cuts or utilities make such planting infeasible. Species shall be selected, installed and maintained in accordance with specifications established by the Department of Parks and Recreation. However, street trees need not be provided where such trees may interfere with truck movements in the loading area for a convention center.

In the event that 34th Avenue remains a mapped street, all developments or enlargements on 34th Avenue shall provide a sidewalk widening of no less than 13 feet in width. No obstructions shall be permitted from the lowest level to the sky except for those permitted pursuant to Section 37-53 (Design Standards for Pedestrian Circulation Spaces), paragraph (f)(3). When one end of the sidewalk widening abuts an existing building, the special design treatment specified in Section 37-53, paragraph (f)(5), shall be required.

Any roof of a facility containing off-street parking spaces, not otherwise covered by a building, which is larger than 400 square feet shall be landscaped. Up to five percent of such roof area may be used for mechanical equipment, provided that such mechanical equipment is fully enclosed, except that openings in such enclosure shall be permitted only to the extent necessary for ventilation and exhaust, and that it is screened from view by a fence which is at least 75 percent opaque or by at least three feet of dense planting. Up to 25 percent of such roof area may be accessible solely from an adjacent dwelling unit and the remaining roof area shall be accessible for the recreational use of the occupants of the building in which it is located. Hard surfaced areas shall not cover more than 50 percent of such roof area.

Publicly accessible open spaces shall be provided as specified in Section 124-40, inclusive. In the event of a conflict between the provisions of this Section, inclusive, and any underlying regulation, the provisions of this Section shall govern.

Publicly accessible open space within the Special Willets Point District shall total not less than eight acres. Such required amounts shall be open to the sky and shall not include any sidewalks required pursuant to this Section or sidewalk widenings pursuant to Section 124-33.

For developments or enlargements that result in a total of at least 100,000 square feet of floor area on zoning lots of at least 200,000 square feet, the following amount of publicly accessible open space shall be provided for each 1,000 square feet of floor area:

Within Area A:        30 square feet

Within Area B:        50 square feet.

Such publicly accessible open space may be transferred from the zoning lot containing the development or enlargement to any other zoning lot in the Special Willets Point District, provided that such publicly accessible open space meets the requirements of Section 124-42, inclusive.

The following types and standards of publicly accessible open space shall apply:

(a)        Park

At least one park not less than two acres in area shall be provided. Such park shall be bounded on all sides by streets or a school, and at least one of the streets bounding the park shall be a connector street. No portion of such park shall be closer than 200 feet from the boundaries of the Special Willets Point District. Up to five percent of the area of such outdoor park may be covered by a building or other structure. A minimum of 50 percent of such park shall be planted, except that the planted area may be reduced to 40 percent if a playground acceptable to the Department of Parks and Recreation is provided within such park.

(b)        126th Street

The provisions of this paragraph (b) shall apply along the western boundary of blocks bounding 126th Street:

(1)        a sidewalk with a minimum width of 15 feet shall be located adjacent to the curb, and have an elevation not higher than one foot above the level of the road bed;

(2)        a pedestrian amenity area at least 20 feet wide and no more than 35 feet wide shall be located between such sidewalk and the street wall of any building fronting upon 126th Street. Pedestrian circulation space at least five feet wide shall be provided within such area within 1.5 feet of the ground floor elevation of such street walls to allow pedestrian movement in a direction parallel with the street and connecting with sidewalks of streets intersecting 126th Street;

(3)        on each such block there shall be a minimum of two ramps connecting the sidewalk along 126th Street and the pedestrian circulation space. In addition, stairways shall be provided linking the sidewalk and pedestrian circulation space so that each establishment on the block with entrances facing 126th Street is readily accessible by such stairs or ramps; and

(4)        all publicly accessible open spaces shall comply with the provisions of Sections 37-725 (Steps), 37-726 (Permitted obstructions), 37-728 (Standards of accessibility for persons with disabilities), 37-73 (Kiosks and Open Air Cafes) and 37-74 (Amenities), except for the following modifications:

(i)        Section 37-73, paragraph (b), shall be modified to permit open air cafes to be at a different elevation from adjoining public access areas and from adjoining sidewalks;

(ii)        Section 37-73, paragraphs (c)(4) and (d), shall not apply to the certification of open air cafes in the Special District, and the filing of plans for open air cafes in the Borough Office of the City Register shall not be required;

(iii)        for publicly accessible open space on the western boundary of blocks facing Citi Field Stadium, Section 37-73, paragraph (b), shall be modified to limit the aggregate area of open air cafes to no more than 50 percent of the public access area, and to allow open air cafes to occupy up to 75 percent of street frontage;

(iv)        in Section 37-741, the requirement for a minimum of one linear foot of required seating for every two linear feet of street frontage within 15 feet of the street line shall not apply;

(v)        for public access areas on the western boundary of blocks facing Citi Field Stadium, Section 37-741 shall be modified so that seating for open air cafes may count toward the seating requirement, in the category of moveable seating, provided that 25 percent of the linear seating capacity is provided through other seating types;

(vi)        for publicly accessible open space not on the western boundary of blocks facing Citi Field Stadium, Section 37-742 shall be modified to require planters, planting beds and accessible lawns at a rate of 200 square feet for every 1,000 square feet of publicly accessible open space; and

(vii)        Section 37-747 (Public space signage) shall not apply; in lieu thereof, paragraph (i) (Hours of access) of this Section shall apply.

(c)        Roosevelt Avenue

Along the south side of blocks bounding Roosevelt Avenue, the following provisions shall apply:

(1)        a bike lane with a minimum width of five feet shall be located no more than 16 feet from the curb line; and

(2)        a pedestrian amenity area at least 20 feet in width and not more than 45 feet in width shall be provided between the bike lane and the street wall of a building:

(i)        within the pedestrian amenity area, there shall be a sidewalk with a minimum width of 13 feet, generally parallel to Roosevelt Avenue, linking the sidewalk along 126th Street to either a sidewalk along the eastern perimeter street, if built, or the sidewalk leading to the Roosevelt Avenue Bridge; and

(ii)        a minimum of 50 percent of the pedestrian amenity area shall be planted.

(d)        Block at Roosevelt Avenue and 126th Street

In the event that a utility easement is retained on the block bounded by Roosevelt Avenue and 126th Street, the following improvements shall be provided:

(1)        an entry plaza of at least 7,000 square feet shall be provided adjacent to the intersection of 126th Street and Roosevelt Avenue, as follows:

(i)        the plaza shall include no less than 60 feet and no more than 80 feet of frontage along 126th Street;

(ii)        each use or establishment with frontage on the plaza shall include at least one entrance to such plaza;

(iii)        at least two amenities shall be provided from among those listed in Section 37-748, except that a kiosk that provides information instead of food service shall also be permitted; and

(iv)        the area of such plaza shall not overlap with the requirements of paragraph (c) of this Section for Roosevelt Avenue;

(2)        a central plaza of at least 20,000 square feet shall be provided, as follows:

(i)        the plaza shall have at least 100 feet of frontage on a connector street;

(ii)        the prolongation of the centerline of the primary retail street shall intersect with such plaza;

(iii)        such plaza shall meet the pedestrian amenity standards of paragraph (b)(4) of this Section for 126th Street; and

(iv)        a minimum of 15 percent of such plaza shall be planted; and

(3)        a pedestrian corridor area shall be provided linking the entry plaza required pursuant to paragraph (d)(1) of this Section and the central plaza required pursuant to paragraph (d)(2) of this Section, as follows:

(i)        such corridor shall be at least 60 feet in width and include, within such width, a 40 foot utility easement;

(ii)        such corridor shall be at least 150 feet in length;

(iii)        each use or establishment with frontage on such corridor shall include at least one entrance to such corridor; and

(iv)        each side of such corridor area shall be planted with street trees of not less than three-inch caliper at the time of planting for the entire length of such corridor, at a rate of one tree for every 25 feet of the length of each side of such corridor.

(e)        Northern Boulevard

Along the north side of blocks bounding Northern Boulevard, the following provisions shall apply:

(1)        a sidewalk with a minimum width of 13 feet shall be located adjacent to the curb and have an elevation not higher than one foot above the road bed of Northern Boulevard;

(2)        an open area at least eight feet wide and no more than 15 feet wide shall be located between the sidewalk and the street wall of a building, except that such area need not be provided where such areas may interfere with truck movements in the loading area for a convention center located on any such block; and

(3)        a minimum of 70 percent of such open area shall be planted.

(f)        Eastern perimeter street

Along the eastern perimeter street between the required sidewalk and the eastern boundary of the Special Willets Point District, an open area with a minimum depth of eight feet and a maximum depth of 15 feet shall be provided. At least 70 percent of such open area shall be planted.

(g)        Convention center

If a convention center is provided, a pedestrian amenity area shall be required between the street line and the street wall of the convention center. The pedestrian amenity area shall have a depth of at least 10 feet and not more than 22 feet and shall meet the standards of paragraph (b)(4) of this Section for 126th Street.

(h)        Standards for additional areas

If the amount of public access areas required pursuant to paragraphs (a) through (g) of this Section does not total eight acres, the difference shall be provided in the form of one or more public access areas located not closer than 100 feet to the boundary of the Special Willets Point District.

(i)        Hours of access

All publicly accessible open space shall be accessible to the public from sunrise to one hour after sunset. Entry plaques for public access areas over one-half acre in size shall be provided as described in paragraph (a) of Section 37-751, except that the number of such plaques shall be provided so that one such plaque is located at each point of entry to such publicly accessible open space, and lettering at least one inch in height shall be provided stating the words, "Open to the public:" followed by hours permitted pursuant to this paragraph (i).

(j)        Active recreation

A minimum of one-half acre of public access area shall be designed for active recreational use. This area may be located anywhere within the eight acres of publicly accessible open space required within the Special Willets Point District. Such area may include rooftop areas, provided that adequate public access is provided to the general public and that, regardless of the size of such rooftop area, entry plaques are provided for each point of entry pursuant to paragraph (i) of this Section. Access to such areas shall comply with the Americans with Disabilities Act of 1990.

Off-street parking shall be provided for all required parking spaces and loading berths as specified by the underlying district, except as modified by the special regulations of this Section, inclusive.

The provisions of this Section shall apply to all off-street parking spaces within the Special Willets Point District.

Floor space used for parking shall be exempt from the definition of floor area.

Parking facilities with over 225 parking spaces shall provide adequate reservoir space at the vehicular entrances to accommodate either 10 automobiles or five percent of the total parking spaces provided in such facility, whichever amount is greater, but in no event shall such reservoir space be required for more than 50 automobiles.

(a)        All off-street parking spaces shall be located within facilities that, except for entrances and exits, are located:

(1)        entirely below the level of any street or publicly accessible open space upon which such facility, or portion thereof, fronts;

(2)        in a cellar no more than four feet above grade within Area B, as shown on Map 1 in the Appendix to this Chapter, provided that the street wall is set back at least four feet from the street line except for projections permitted pursuant to Section 124-22, paragraph (a)(3), and planted areas are provided pursuant to Section 124-22, paragraph (a)(5), and further provided that 50 percent of such street wall with adjacent parking spaces consists of opaque materials;

(3)        at every level above-grade, wrapped by floor area provided in accordance with paragraph (a) of Section 37-35 (Parking Wrap and Screening Requirements); or

(4)        above-grade and adjacent to a street wall or public access area, and screened in accordance with the provisions set forth in paragraphs (b)(1) through (b)(3) of Section 37-35. A parking structure so screened shall be permitted only in the following locations:

(i)        except within blocks that bound the intersection of 126th Street and Northern Boulevard or 126th Street and Roosevelt Avenue, a parking facility may be located adjacent to a street wall facing 126th Street above a height of 35 feet and limited to a height of 85 feet. At least 30 feet of floor area containing permitted uses shall separate such parking spaces from any other adjacent street;

(ii)        a parking facility may be located adjacent to a street wall limited to a height of 85 feet on a block that bounds the intersection of 126th Street and Northern Boulevard, provided that such street wall is on Northern Boulevard and is more than 100 feet from 126th Street. At least 30 feet of floor area containing permitted uses shall separate such parking spaces from adjacent residential, connector or primary retail streets;

(iii)        a parking facility not on a block that bounds the intersection of 126th Street and Northern Boulevard may be located adjacent to a street wall limited to a height of 40 feet facing Northern Boulevard, provided that such street wall with adjacent parking spaces is on Northern Boulevard and is more than 100 feet from 126th Street. At least 30 feet of floor area containing permitted uses shall separate such parking spaces from any other adjacent street;

(iv)        a parking facility may be located adjacent to a street wall on a block that bounds the intersection of 126th Street and Roosevelt Avenue, provided that such street wall with adjacent parking spaces is more than 100 feet from 126th Street, Roosevelt Avenue and at least 30 feet from any connector street;

(v)        a parking facility may be located adjacent to a street wall limited to a height of 40 feet facing the eastern boundary of the Special Willets Point District, within 200 feet of such eastern boundary, so that such parking facility is not visible from a connector street. At least 30 feet of permitted floor area containing uses shall separate such parking spaces from adjacent residential and connector streets; and

(vi)        a parking facility may be located adjacent to a street wall where such street wall is on a service street, provided that at least 30 feet of floor area containing permitted uses shall separate such parking spaces from adjacent residential, connector, retail or primary retail streets.

(b)        All parking facilities with parking spaces adjacent to an exterior building wall that is not a street wall shall provide screening in accordance with the provisions set forth in paragraphs (b)(1) through (b)(3) of Section 37-35.

(c)        All parking facilities shall not be open to the sky, and all parking facilities shall have a roof that meets the design requirements of Section 124-34.

(d)        All accessory off-street parking spaces may be made available for public use. However, any such space shall be made available to the occupant of a residence to which it is accessory within 30 days after written request therefore is made to the landlord. Furthermore, if accessory and public parking spaces are provided on the same block, all such spaces shall be located within the same parking facility.

(e)        All accessory off-street parking spaces may be provided within parking facilities in buildings other than the same building as the uses to which they are accessory, provided that:

(1)        the off-street parking space within such facility is counted only once in meeting the parking requirements for a specific building; and

(2)        such parking facilities are located within the Special Willets Point District; or

(3)        such parking facilities are located within distances specified by Sections 36-421 (Maximum distance from zoning lot) and 36-43 (Off-site Spaces for Commercial or Community Facility Uses), as applicable.

Loading areas shall not be permitted within 75 feet of 126th Street or within 50 feet of the primary retail street. Loading areas for a convention center use shall not be permitted within 100 feet of a connector street.

No driveway curb cuts for parking facilities or loading berths shall be permitted along 126th Street, the primary retail street, the connector streets, across from public open space of two or more acres, and within 50 feet of the intersection of any streets, except for a convention center or a transient hotel with a minimum of 50,000 square feet of floor area, and except that the City Planning Commission may authorize curb cuts, provided the Commission finds that such curb cuts are needed, do not unduly inhibit surface traffic or pedestrian flow and do not impair the essential character of the surrounding area.

Where permitted, the maximum aggregate width of curb cuts on any frontage shall be limited to 24 feet for residential streets and 60 feet for all other streets, except that the maximum width shall be 100 feet for blocks that bound the intersection of 126th Street and Northern Boulevard or 126th Street and Roosevelt Avenue and for blocks that contain a transient hotel with a minimum of 50,000 square feet of floor area. For a convention center, the maximum aggregate width of curb cuts on any frontage shall be limited to 100 feet, except that curb cuts shall be unlimited when located directly adjacent to the loading area of the convention center. All curb cuts shall be achieved with minimal reduction to the grade of the sidewalk over which they pass.

For any zoning lot within the Special Willets Point District, the City Planning Commission may permit modification of the use or bulk regulations, except floor area ratio provisions, provided the Commission shall find that such:

(a)        use or bulk modification shall aid in achieving the general purposes and intent of the Special District;

(b)        use modification shall encourage a lively pedestrian environment along the street, or is necessary for, and the only practicable way to achieve, the programmatic requirements of the development;

(c)        bulk modifications shall enhance the distribution of bulk within the Special District;

(d)        bulk modifications shall permit adequate access of light and air to surrounding streets; and

(e)        use or bulk modification shall relate harmoniously to the character of the surrounding area.

Notwithstanding the foregoing, a use modification may include a use proposed as part of a phased development within the Special District, where the Commission finds that such use is reasonably necessary for transitional purposes to assist in achievement of the goals of the Special District, provided the findings of paragraphs (a), (b) and (e) of this Section are met to the maximum extent possible, taking into account the nature of such use.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

Map 1 - Special Willets Point District Plan

Map 2 - Location Requirements for Convention Center, Cinema and Office Tower

Map 3 - Height Limits

Map 4 - Locations of Tower Walls without Setbacks

Map 5 - Mandatory Intersections

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.

The provisions of Sections 62-52 (Applicability of Waterfront Public Access Area Requirements) and 62-60 (DESIGN REQUIREMENTS FOR WATERFRONT PUBLIC ACCESS AREAS) are modified as set forth in Section 125-46 (Newtown Creek Waterfront Access Plan).

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.

Parcel

Maximum Floor Area

A

12.0

B

10.0

C

10.5

D

12.0

E

12.0

F

10.0

G

12.0

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.

(d)        Recesses

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.

Any portion of a building that exceeds a height of 125 feet shall comply with the following provisions:

(a)        Tower location and maximum tower height

All towers shall be located entirely within a Tower Area as designated on Map 6 (Tower Areas), in Appendix A of this Chapter. The maximum height of such towers shall be as indicated for the specified location on Map 6. For buildings higher than 165 feet, the stories entirely within 40 feet of the highest roof level of the building shall have a lot coverage of at least 50 percent of the story immediately below such stories, and a maximum lot coverage of 80 percent of the story immediately below such stories. Such reduced lot coverage shall be achieved by one or more setbacks on each face of the tower, where at least one setback on each tower face has a depth of at least four feet, and a width that, individually or in the aggregate, is equal to at least 10 percent of the width of such respective tower face. For the purposes of this paragraph, each tower shall have four tower faces, with each face being the side of a rectangle within which the outermost walls of the highest story not subject to the reduced lot coverage provisions have been inscribed. The required setbacks shall be measured from the outermost walls of the building facing each tower face. Required setback areas may overlap.

(b)        Orientation and maximum tower size

The outermost walls of each story located entirely above a height of 125 feet shall be inscribed within a rectangle. The maximum length of any side of such rectangle that is parallel or within 45 degrees of being parallel to Second Street or Center Boulevard, whichever is closest, shall be 95 feet. The maximum length of any other side of such rectangle shall be 170 feet. Each story of a tower located entirely above a height of 125 feet shall not exceed a gross area of 11,000 square feet.

However, on Parcel G in the East River Subdistrict, the maximum length of the side of such rectangle that is parallel or within 45 degrees of being parallel to Second Street shall not exceed 170 feet.

(c)        Tower and base integration

Notwithstanding the setback provisions of paragraph (c) of Section 125-33, up to 50 percent of the street wall width of a tower may rise sheer from grade without setback.

Within the Special Southern Hunters Point District, for any development or enlargement, the City Planning Commission may modify the regulations set forth in Section 125-30, inclusive, provided the Commission finds that such modifications:

(a)        will result in a better distribution of bulk on the zoning lot and will not adversely affect access to light and air for surrounding public access areas, streets and properties;

(b)        are consistent with the goals of the Special District to provide flexibility of architectural design and encourage more attractive building forms; and

(c)        will result in a development or enlargement that enhances the streetscape and is compatible with development in the surrounding area.

The Commission may prescribe additional conditions and safeguards to minimize adverse effects of the development or enlargement on the character of the surrounding area.

Map 7 (Mandatory Sidewalk Widenings and Publicly Accessible Open Area), in Appendix A of this Chapter, shows locations of mandatory sidewalk widenings in the East River Subdistrict. The depth of such sidewalk widenings shall be as indicated on Map 7 and shall be measured perpendicular to the street line unless otherwise indicated. All sidewalk widenings shall be improved to Department of Transportation standards for sidewalks, shall be at the same level as the adjoining public sidewalk, and shall be accessible to the public at all times.

Parcels B, D, E and F

Map 7 (Mandatory Sidewalk Widenings and Publicly Accessible Open Area), in Appendix A of this Chapter, shows locations where open areas are permitted or required on Parcels B, D, E and F in the East River Subdistrict. Where any such area is provided, it shall be publicly accessible and comply with the standards of Sections 37-741 (Seating), 37-743 (Lighting and electrical power), 37-744 (Litter receptacles), 37-745 (Bicycle parking), 37-746 (Drinking fountains), 37-747 (Public space signage), 37-76 (Mandatory Allocation of Frontages for Permitted Uses) and 37-77 (Maintenance).

In addition, the provisions of Section 37-742 (Planting and trees) shall apply to such open areas, and shall be modified to require that:

(a)        at least 30 percent of each open area be comprised of planting beds;

(b)        at least two four-inch caliper trees or three ornamental trees be provided within such open areas on Parcels D and F; and

(c)        no trees shall be required within the open areas on Parcels B and E.

A publicly accessible private open area shall be provided within the area of Parcel G in the East River Subdistrict as shown on Map 7 (Mandatory Sidewalk Widenings and Publicly Accessible Open Area) in Appendix A of this Chapter. No excavation or building permit shall be issued for any developmenton such parcel until the Chairperson of the City Planning Commission certifies to the Department of Buildings that a site plan for such open area has been submitted that is consistent with the Department of Parks and Recreation design standards used for the development of the adjacent public park. A certification under this paragraph shall be granted on condition that an acceptable restrictive declaration is executed and filed, binding the owners, successors and assigns to develop such publicly accessible private open area in accordance with the approved site plan and to maintain such open area in accordance with maintenance standards acceptable to the Department of Parks and Recreation.

In the event that Parcel G is not owned by the City, then, prior to design and development of the publicly accessible open area, the owner of Parcel G may make a request directed to the Office of the Mayor to transfer to the City its fee simple absolute interest, free and clear of any encumbrances in the open area. The City may accept the transfer request, provided that development of the open area is made in accordance with guidelines established by the Chairperson of the City Planning Commission and the Commissioner of the Department of Parks and Recreation, and transfer is made pursuant to such instruments as are necessary for implementation. In the event of a transfer, the bulkand parking computations for the zoning lotshall include the transferred property and such transfer shall not be deemed a non-compliance.

In the Newtown Creek Subdistrict, where a private street is provided pursuant to paragraph (a) of Section 125-22, such private street shall be constructed to minimum Department of Transportation standards for public streets, including lighting, curbs and curb drops. Such private street shall consist of a paved road bed with a minimum width of 34 feet from curb to curb with 13 foot wide sidewalks on each side along its entire length. Such private street shall be located as shown on Map 8 (Publicly Accessible Private Street and Open Area in Newtown Creek Subdistrict) in Appendix A of this Chapter. One tree shall be planted for every 25 feet of curb length of the private street. Fractions equal to or greater than one-half resulting from this calculation shall be considered to be one tree. Such trees shall be planted at approximately equal intervals along the entire length of the curb of the private street.

Where a publicly accessible private open area is provided pursuant to paragraph (a) of Section 125-22, such open area shall be located as shown on Map 8 (Publicly Accessible Private Street and Open Area in Newtown Creek Subdistrict) in Appendix A of this Chapter. No excavation or building permit shall be issued for any developmentor enlargement on such parcel until the Chairperson of the City Planning Commission certifies to the Department of Buildings that a site plan for such open area has been submitted that is either:

(a)        consistent with the Department of Parks and Recreation design standards for the public park located on 55th Avenue between Center Boulevard and Second Street; or

(b)        in the event that design standards have not been developed for the public park located on 55th Avenue between Center Boulevard and Second Street, acceptable to the Chairperson of the City Planning Commission and the Department of Parks and Recreation.

A certification under this Section shall be granted on condition that an acceptable restrictive declaration is executed and filed, binding the owners, successors and assigns to develop such publicly accessible private open area in accordance with the approved site plan and to maintain such open area in accordance with maintenance standards acceptable to the Department of Parks and Recreation. Such approved plan shall allow for pedestrian access from 55th Avenue to the residential entrance of a building bounding the publicly accessible private open area. The paved width of such access shall not exceed 13 feet, and its location shall be within the area shown on Map 8.

Map 9, in Appendix A of this Chapter, shows the boundaries of the area comprising the Newtown Creek Waterfront Access Plan and the location of certain features mandated or permitted by the Plan. The plan area consists of Block 11, Lot 1, as established on November 13, 2008.

(a)        Modification of use requirements

Docks for water taxis and docks or mooring facilities for non-commercial pleasure boats, listed in Section 32-16 (Use Group 6), shall be permitted uses within the Newtown Creek Waterfront Access Plan.

(b)        Area-wide modifications

The requirements for waterfront public access area, as defined in Section 62-11, pursuant to Sections 62-53 through 62-57, inclusive, are modified at the following designated locations:

(1)        Upland connection

An upland connection, as defined in Section 62-11, shall be provided through Block 11, Lot 1, abutting the prolongation of 5th Street and extending from the shore public walkway, as defined in Section 62-11, northerly to 54th Avenue.

(2)        Supplemental public access area

Supplemental public access areas, as defined in Section 62-11, shall be provided as indicated on Map 9.

In the Newtown Creek Subdistrict, the Chairperson of the City Planning Commission shall allow for the phased implementation of all required publicly accessible areas upon certification to the Commissioner of Buildings that a plan has been submitted that provides for an amount of public access area proportionate to the amount of floor area being developed or enlarged in each phase. For any development or enlargement located within 100 feet of a shoreline, the initial phase shall provide, at a minimum, the required shore public walkway and any adjacent supplemental public access areas located between such development or enlargement and such shore public walkway, as defined in Section 62-11. For any development or enlargement that fronts upon 54th Avenue, the initial phase shall provide, at a minimum, the required publicly accessible private street.

The regulations governing permitted and required accessory off-street parking spaces of Article I, Chapter 6 (Comprehensive Off-street Parking Regulations in the Long Island City Area) and Article II, Chapter 5; Article III, Chapter 6; and Article IV, Chapter 4 (Accessory Off-street Parking and Loading Regulations) shall apply, except as set forth in this Section.

For the purposes of Section 125-50 (PARKING REGULATIONS), inclusive, the floor area of a building shall not include floor space used for accessory off-street parking spaces provided in any story located not more than 33 feet above curb level.

No public parking garages or public parking lots shall be permitted.

(a)        Enclosure of spaces

All off-street parking spaces shall be located within facilities that, except for entrances and exits, are entirely below the level of any street or publicly accessible open area upon which such facility or portion thereof fronts, or shall be located, at every level above-grade, behind commercial, community facility or residential floor area so that no portion of such parking facility is visible from adjoining streets or publicly accessible open areas. Such floor area shall have a minimum depth of 30 feet.

(b)        Rooftop landscaping

Any roof area of a parking garage not otherwise covered by a building and larger than 400 square feet shall be landscaped. Up to five percent of such roof area may be used for mechanical equipment, provided that such mechanical equipment is screened from view by a fence which is at least 75 percent opaque or by at least three feet of dense planting. Up to 25 percent of such roof area may be accessible solely from an adjacent dwelling unit and the remaining roof area shall be accessible for the recreational use of the occupants of the building in which it is located. Hard surfaced areas shall not cover more than 50 percent of such roof area. Schools shall be exempt from the provisions of this paragraph (b).

In the East River Subdistrict, Section 16-13 (Permitted Parking for Zoning Lots With Multiple Uses) shall apply, except that the maximum number of spaces shall be 780. Section 16-21 (Off-site Parking) shall not apply.

In the Newtown Creek Subdistrict, Section 16-13 shall apply except that the maximum number of spaces shall not exceed 40 percent of the number of dwelling units within the development or enlargement.

In the East River Subdistrict, all accessory off-street parking spaces may be provided within parking facilities on zoning lots other than the same zoning lot as the uses to which they are accessory, provided such parking facilities are located within the Special Southern Hunters Point District, and the number of parking spaces within such facility shall not exceed the combined maximum number of spaces permitted on each off-site zoning lot using such facility, less the number of any spaces provided on such zoning lots.

Curb cuts are permitted only in the locations indicated on Map 10 (Permitted Curb Cut Locations) in Appendix A of this Chapter. The aggregate width of all curb cuts provided for any building shall not exceed 50 feet.

Map 1 — Special Southern Hunters Point District, Subdistricts and Parcels

Map 2 — Special Ground Floor Use Regulations

Map 3 — Street Wall Locations

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

The "Special College Point District" established in this Resolution is designed to promote and protect the public health, safety and general welfare. These general goals include, among others, the following specific purposes:

(a)        to encourage and retain high performance manufacturing establishments in New York City;

(b)        to maintain the high quality business campus environment with landscaped yards within the area known as the College Point Corporate Park; and

(c)        to promote the most desirable use of land and thus conserve and enhance the value of land and buildings, and thereby protect the City's tax revenues.

The provisions of this Chapter shall apply within the Special College 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 District Map is located within the Appendix to this Chapter and is hereby incorporated and made part of this Resolution. It is incorporated for the purpose of specifying locations where special regulations and requirements set forth in this Chapter apply.

The use regulations of the underlying district are modified as set forth in this Section, inclusive.

The regulations of Section 42-10 (USES PERMITTED AS-OF-RIGHT), shall be modified to allow the following uses as-of-right within the Special College Point District:

From Use Group 4A:

Non-commercial recreation centers

From Use Group 4B:

Golf courses

Outdoor tennis courts or ice skating rinks, provided that all lighting shall be directed away from nearby residences

Public parks, playgrounds or private parks

From Use Group 4C:

Accessory uses

Section 42-20 (PERFORMANCE STANDARDS) shall be modified so that the performance standards of an M1 District apply throughout the Special College Point District.

The following provisions supersede Sections 42-41 (Enclosure of Commercial or Manufacturing Activities) and 42-42 (Enclosure or Screening of Storage).

All commercial or manufacturing uses established by a development, enlargement, extension, or change of use, including storage of materials or products, shall be subject to the provisions of this Section, inclusive. With respect to the enlargement or extension of an existing use or storage of materials or products, such provisions shall apply to the enlarged or extended portion of such use or storage. In addition, new accessory open storage or any increase in the portion of a zoning lot used for accessory open storage shall conform to the provisions of this Section.

However, these provisions shall not apply to open parking and loading areas as specifically provided in Sections 44-11 (General Provisions) and 44-51 (Permitted Accessory Off-street Loading Berths).

The following uses, including all storage of materials or products, shall be located within a completely enclosed building:

From Use Group 17 A:

Produce or meat markets, wholesale.

From Use Group 18A:

Incineration or reduction of garbage, offal or dead animals

Radioactive waste disposal services involving the handling or storage of radioactive waste

Sewage disposal plants

Stock yards or slaughtering of animals or poultry.

From Use Group 18B:

Dumps, marine transfer stations for garbage or slag piles

Electric power or steam generating plants

Explosives storage, when not prohibited by other ordinances

Junk or salvage establishments, including auto wrecking or similar establishments

Scrap metal, junk, paper or rags storage, sorting, or baling.

All commercial or manufacturing uses specified in this Section shall be permitted, provided the City Planning Commission certifies that such uses comply with the provisions of this Chapter. A site plan indicating the distribution of bulk, uses, planting areas and planting types shall be submitted to the Commission. Such submission shall be referred to the applicable Community Board and Borough President for review and comment for a period of no less than 45 days prior to such certification.

All uses, except storage of materials or products, shall be located within completely enclosed buildings; however, commercial uses may be located within buildings which are completely enclosed except for store fronts or store windows which may be opened to serve customers outside the building. Recreational uses permitted pursuant to Section 126-11 (Recreational Uses) shall be permitted as open or enclosed uses.

Within 300 feet of a Residence District boundary, all uses, except storage of materials or products, shall be located within completely enclosed buildings. However, commercial uses may be located within buildings which are completely enclosed except for store fronts or store windows which may be opened to serve customers outside the building. Recreational uses permitted pursuant to Section 126-11 (Recreational Uses) shall be permitted as open or enclosed uses.

All storage of materials or products within 200 feet of a Residence District boundary shall be located within completely enclosed buildings.

Within 200 feet of a Residence District boundary, open storage of materials or products shall be permitted only if effectively screened by a solid wall or fence (including solid entrance and exit gates) at least eight feet in height.

In addition, such solid wall or fence:

(a)        shall not be located within a front yard ;

(b)        shall be maintained in good condition at all times; and

(c)        shall have no signs hung or attached thereto other than those permitted in Sections 42-52 (Permitted Signs), and 126-14 (Sign Regulations), inclusive.

(a)        At a distance greater than 200 feet from a Residence District boundary, the open storage of materials or products, where permitted, shall be screened from all adjoining zoning lots, including zoning lots situated across a street, by either:

(1)        a strip at least four feet wide, densely planted with shrubs or trees which are at least four feet high at the time of planting and which are of a type which may be expected to form a year-round dense screen at least six feet high within three years; or

(2)        a wall or barrier or uniformly painted fence of fire-resistant material, at least six feet but not more than eight feet above finished grade. Such wall, barrier, or fence may be opaque or perforated, provided that not more than 50 percent of the face is open.

(b)        In addition, such screening provided pursuant to paragraphs (a)(1) or (a)(2) of this Section:

(1)        shall not be located within a front yard ;

(2)        shall be maintained in good condition at all times;

(3)        may be interrupted by normal entrances or exits; and

(4)        shall have no signs hung or attached thereto other than those permitted in Sections 42-52 (Permitted Signs) and 126-14 (Sign Regulations).

Within the Special College Point District, no advertising signs shall be permitted. Signs may be illuminated but not flashing. The provisions of Section 32-67 (Special Provisions Applying Along District Boundaries) shall not apply for zoning lots with frontage on the Whitestone Expressway.

No sign displayed from the wall of a building or other structure shall extend above the parapet wall or roof of such building or other structure, and no signs shall be permitted on the roof of any building.

In M2-1 Districts, only non-illuminated signs and signs with indirect illumination are permitted. The surface area of all signs on a zoning lot shall be limited to:

(a)        one sign displayed from the wall of a building limited to 1.5 square feet of surface area for each linear foot of street wall or 150 square feet, whichever is less, and further provided that such signs shall not exceed a height of eight feet, and shall not extend to a height greater than 20 feet above curb level ; and

(b)        one sign not affixed to a building limited to one square foot of surface area for each 200 square feet of street wall or 30 square feet, whichever is less, and further provided that such signs shall not exceed a height of five feet above curb level.

The bulk regulations of the underlying district are modified as set forth in this Section, inclusive.

Within the Special College Point District, all developments, or enlargements of 20 percent or more in floor area, shall provide street trees in accordance with Section 26-41 (Street Tree Planting). In addition, any building where 20 percent or more of the floor area is converted shall provide street trees in accordance with Section 26-41. The street frontage used to calculate the number of required trees may exclude the street frontage occupied by curb cuts serving uses listed in Use Groups 16B, 16C, 16D, 17 and 18.

Within the Special College Point District, the floor area ratio permitted for commercial, community facility or manufacturing uses, separately or in combination, shall be 1.0.

However, within the M2-1 District south of 30th Avenue and its prolongation, the maximum floor area ratio for commercial, community facility or manufacturing uses, separately or in combination, shall be as permitted in the underlying district, for:

(a)        portions of zoning lots within 600 feet of College Point Boulevard, where such zoning lot has frontage on College Point Boulevard; or

(b)        zoning lots with frontage on the Whitestone Expressway.

Front yards shall be provided with a depth of 15 feet, except for:

(a)        zoning lots with frontage along the Whitestone Expressway, where front yards shall be provided with a depth of 20 feet; and

(b)        corner lots, where one front yard may have a depth of 10 feet.

Side yards shall be provided with a width of 10 feet.

The following regulations shall modify the provisions of Section 43-30 (SPECIAL PROVISIONS APPLYING ALONG DISTRICT BOUNDARIES).

(a)        Sections 43-301 (Required yards along district boundary coincident with side lot line of zoning lot in an R1, R2, R3, R4 or R5 District) and 43-303 (Required yards along district boundary coincident with side lot line of zoning lot in a Manufacturing District) shall be modified so that an open area not higher than curb level and at least 20 feet wide shall be provided within the Manufacturing District on any zoning lot which is within 25 feet of a Residence District.

(b)        Within the areas depicted on the Special College Point District Map as 60-foot buffer areas, an open area not higher than curb level shall be provided within the Manufacturing District, as follows:

(1)        where such buffer area is adjacent to a street, a front yard at least 60 feet in depth shall be provided; or

(2)        where such buffer area is not adjacent to a street, an open area at least 60 feet wide shall be provided along the boundary of the Manufacturing District. Such open area may be reduced to a width of not less than 25 feet where there is an open area in an adjacent Residence District so that, in combination with the open area within the Manufacturing District, there is an open area totaling at least 60 feet in width. The open area in the Residence District shall be subject to a restrictive declaration requiring that such area be maintained pursuant to the standards of this Section, in a form approved by the New York City Department of Buildings, and subsequently recorded in the Office of the City Register of the City of New York against all tax lots comprising such restricted open area. Proof of recordation of the restrictive declaration in a form acceptable to the New York City Department of Buildings shall be submitted.

All such open areas shall not be used for accessory off-street parking, accessory off-street loading, or for storage or processing of any kind.

(c)        All open areas required pursuant to this Section and Section 43-30 shall be planted, except at entrances to and exits from the building and except for access driveways to accessory parking and loading areas. In addition, except within front yards, there shall be a planting strip at least four feet wide, along the portion of the lot line adjoining the Residence District, complying with the provisions applicable to Section 126-136 (Screening of storage), provided that the option described in paragraph (a)(2) of Section 126-136 shall not be a permitted form of screening.

Front yards shall be planted, except at entrances to and exits from the building and except for access driveways to accessory parking and loading areas. Front yards shall not be used for accessory off-street parking, accessory off-street loading, or for storage or processing of any kind.

Within side and rear yards, the maximum height of the open storage of materials, where permitted, shall be 12 feet.

Within the Special College Point District, the height and setback regulations of an M1-1 District shall apply.  

However, within the M2-1 District south of 30th Avenue and its prolongation, the height and setback regulations shall be as permitted in the underlying district, for:

(a)        portions of zoning lots within 600 feet of College Point Boulevard, where such zoning lot has frontage on College Point Boulevard; or

(b)        zoning lots with frontage on the Whitestone Expressway.

The off-street parking and loading regulations of the underlying district are modified as set forth in this Section, inclusive.

(a)        Accessory off-street parking shall not be permitted within a required front yard.

(b)        The provisions of Section 44-21 (General Provisions) pertaining to accessory off-street parking spaces for commercial uses shall be modified as follows:


Hotels, for the floor area used for sleeping accommodations, shall be required to provide one parking space per two guest rooms or suites and, for the floor area used for meeting halls, auditoriums, eating or drinking places, wedding chapels or banquet halls, or radio or television studios, shall be required to provide one parking space per four persons-rated capacity

Places of Assembly, for uses in parking requirement category D in Use Group 6, 8, 9, 10 or 12, or when permitted by special permit, shall be required to provide one parking space per four persons-rated capacity

(c)        For commercial uses within the commercial areas identified on the Special College Point District Map, the parking requirements of a C4-1 District shall apply.

(d)        Section 37-90 (PARKING LOTS), inclusive, shall apply to all open parking areas accessory to manufacturing uses listed in Use Group 17. Perimeter landscaping, required pursuant to Section 37-921, may overlap with required yards, pursuant to Section 126-231.

(e)        The provisions of Section 44-23 (Waiver of Requirements for Spaces Below Minimum Number) shall only apply to zoning lots existing both on July 29, 2009, and on the date of application for a building permit.

(a)        Off-street loading berths shall not be permitted between a street wall and a street line. However, the City Planning Commission may authorize off-street loading berths located between a street wall and a street line, provided that the Commission finds that such loading berths can not be located elsewhere on the zoning lot and that such loading berths shall be enclosed or screened to the greatest extent practicable.

(b)        All open off-street loading berths shall be screened from all adjoining zoning lots pursuant to the standards of Section 44-585 (Screening).

Within the Special College Point District, curb cuts shall be prohibited on 15th Avenue.

However, where permitted or required accessory off-street parking and loading requirements apply in a location where such curb cuts are prohibited, a curb cut may be allowed, provided that the City Planning Commission certifies to the Commissioner of Buildings that such zoning lot has access to the street only through such prohibited location and that such curb cut shall be no greater than 20 feet in width.

An application to the City Planning Commission for certification respecting such curb cut shall be accompanied by a site plan drawn to a scale of at least one-sixteenth inch to a foot, showing the size and location of the proposed curb cut.

The requirements of Section 126-234 (Planting requirement in front yards) and paragraph (c) of Section 126-233 (Special provisions along district boundaries) may be waived in whole or in part if the Commissioner of Buildings certifies that such requirements are infeasible due to unique geological conditions such as excessive subsurface rock conditions, underground municipal infrastructure, or a City, State or Federal mandated brownfield remediation that requires the site to be capped.

Such waiver shall be based on a report prepared by a licensed engineer that such conditions exist.

Within the commercial areas identified on the Special College Point District Map, the City Planning Commission may authorize a reduction of the parking requirement of Section 44-21 (General Provisions) and paragraphs (b) and (c) of Section 126-31 (Parking Regulations) by an amount not to exceed 50 percent, provided that the Commission finds that the proposed parking is sufficient for the use proposed.

For any zoning lot within the Special College Point District, the City Planning Commission may permit modification of the use or bulk regulations, except floor area ratio provisions, provided the Commission finds that such:

(a)        use or bulk modification will aid in achieving the general purposes and intent of the Special District;

(b)        use modification is necessary for, and the only practicable way to achieve, the programmatic requirements of the development;

(c)        bulk modifications will enhance the distribution of bulk on the zoning lot ;

(d)        bulk modifications will permit adequate access of light and air to surrounding streets and properties; and

(e)        use or bulk modification will relate harmoniously to the character of the surrounding area.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

The "Special St. George 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 build upon St. George's existing strengths as a civic center, neighborhood and transit hub by providing rules that will bolster a thriving, pedestrian-friendly business and residence district;

(b)        to establish zoning regulations that facilitate continuous ground floor retail and the critical mass needed to attract and sustain a broader mix of uses;

(c)        to require a tall, slender building form that capitalizes on St. George's hillside topography and maintains waterfront vistas;

(d)        to encourage the reuse and reinvestment of vacant office buildings;

(e)        to accommodate an appropriate level of off-street parking while reducing its visual impact; and

(f)        to promote the most desirable use of land and building development in accordance with the District Plan for St. Georgeand thus conserve the value of land and buildings and thereby protect the City's tax revenues.

Definitions specifically applicable to this Chapter are set forth in this Section and may modify definitions set forth in Section 12-10 (DEFINITIONS). Where matter in italics is defined both in Section 12-10 and in this Chapter, the definitions in this Chapter shall govern.

Commercial street

A "commercial street" shall be a street, or portion thereof, where special regulations pertaining to ground floor uses on commercial streets, pursuant to Section 128-11, apply to zoning lots fronting upon such streets. Commercial streets are designated on Map 2 in the Appendix to this Chapter.

In harmony with the general purpose and intent of this Resolution and the general purposes of the Special St. George District, the regulations of this Chapter shall apply within the Special St. George 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.

However, the regulations of this Chapter shall not apply to any property that is the subject of a site selection for a court house and public parking garage pursuant to application C080379 PSR. Such property shall be governed by the underlying regulations of this Resolution.

Furthermore, any property that is the subject of a site selection and acquisition for the use of a lot for open parking pursuant to application C080378 PCR may be governed by the regulations of this Chapter or the underlying regulations of this Resolution for a period of two years after October 23, 2008. After October 23, 2010, such property shall be subject to the regulations of this Chapter.

In the North Waterfront Subdistrict, "publicly accessible waterfront open space" shall include on-site and off-site areas, as applicable, as set forth in the approved Proposed Plans, pursuant to Section 128-61 (Special Permit for North Waterfront Sites).

The regulations of this Chapter are designed to implement the Special St. George District Plan.

The District Plan includes the following five maps:

Map 1.        Special St. George District and Subdistricts

Map 2.        Commercial Streets

Map 3.        Minimum and Maximum Base Heights

Map 4.        Tower Restriction Areas

Map 5.        Visual Corridors and Parcels

The maps are located in the Appendix to this Chapter and are hereby incorporated and made a part of this Resolution. They are incorporated for the purpose of specifying locations where special regulations and requirements set forth in this Chapter apply.

In order to carry out the purposes and provisions of this Chapter, the Special St. George District shall include three subdistricts: the Upland Subdistrict, the North Waterfront District and the South Waterfront Subdistrict, as shown on Map 1 (Special St. George District and Subdistricts) in the Appendix to this Chapter.

The definition of "lower density growth management area" in Section 12-10 (DEFINITIONS) shall be modified to exclude all districts within the Special St. George District.

The provisions of Article I, Chapter 5 (Residential Conversion Within Existing Buildings), shall apply in the Special St. George District, as modified in this Section. The change of non-residential floor area to residences in buildings, or portions thereof, erected prior to January 1, 1977, shall be permitted subject to Sections 15-11 (Bulk Regulations), 15-12 (Open Space Equivalent) and 15-30 (MINOR MODIFICATIONS), paragraph (b). Uses in buildings erected prior to January 1, 1977, containing both residential and non-residential uses shall not be subject to the provisions of Section 32-42 (Location Within Buildings).

The provisions of Section 36-76 (Waiver or Reduction of Spaces for Subsidized Housing) shall not apply in the Special St. George District.

The provisions of Article VI, Chapter 2 (Special Regulations Applying in the Waterfront Area), shall apply in the North Waterfront Subdistrict of the Special St. George District, as modified in this Chapter. In such Subdistrict, such provisions shall not apply to improvements to the publicly accessible waterfront open space, or to developments, enlargements, alterations and changes of use permitted pursuant to Section 128-61 (Special Permit for North Waterfront Sites). However, the regulations of Section 62-31 (Bulk Computations on Waterfront Zoning Lots) shall apply to such developments, enlargements, alterations and changes of use, as modified pursuant to such special permit. In addition, the special requirements for visual corridors set forth in Section 128-43 (Visual Corridors in the North Waterfront Subdistrict) shall apply.

Within the North Waterfront Subdistrict of the Special St. George District, the following special permits shall not apply:

Section 74-512        (In other Districts)

Section 74-68        (Development Within or Over a Right-of-way or Yards)

Section 74-922        (Certain large retail establishments).

In addition, the provisions of the following special permits, as applicable, shall be deemed to be modified when an application pursuant to Section 128-61 (Special Permit for North Waterfront Sites) for Parcel 1 or Parcel 2, as shown on the maps in the Appendix to this Chapter, under application numbers C130317ZSR or C130318ZSR, as applicable, has been approved:

C000012ZSR

C000013ZSR

C000014ZSR

C000016(A)ZSR

Map 2 (Commercial Streets) in the Appendix to this Chapter specifies locations where the special ground floor use regulations of this Section apply.

Uses on the ground floor of a building shall be limited to commercial uses, except for Type 1 lobbies and entrances to accessory parking spaces provided in accordance with Section 37-33 (Maximum Width of Certain Uses). Such commercial uses shall comply with the minimum depth provisions of Section 37-32 (Ground Floor Depth Requirements for Certain Uses). In addition, accessory parking spaces, including such spaces accessory to residences, shall be permitted on the ground floor, provided they comply with the provisions of Section 37-35 (Parking Wrap and Screening Requirements). The level of the finished floor of such ground floor shall be located not higher than two feet above nor lower than two feet below the as-built level of the adjoining street.

Any street wall of a building developed or enlarged after October 23, 2008, where the ground floor level of such development or enlarged portion of the building contains commercial or community facility uses, shall be glazed in accordance with the provisions of Section 37-34 (Minimum Transparency Requirements).

For the purposes of this Section, Bank Street shall be considered a street. However, this Section shall not apply to a stadium use within the North Waterfront Subdistrict.

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 use 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 C4-2 Districts within the Upland Subdistrict, the underlying floor area ratio and open space regulations shall not apply. In lieu thereof, the maximum floor area ratio for any use, separately or in combination, shall be 3.4, and no floor area bonuses shall apply, except that for zoning lots with less than 10,000 square feet of lot area without frontage on a commercial street, the maximum floor area ratio for any use, separately or in combination, shall be 2.2, and no floor area bonuses shall apply.

In C4-2 Districts within the Upland Subdistrict, the underlying open space ratio provisions shall not apply. In lieu thereof, the maximum permitted lot coverage for a residential building, or portion thereof, shall be 70 percent for an interior or through lot and 100 percent for a corner lot.

In C4-2 Districts within the Upland Subdistrict, the rear yard equivalent regulations for residential uses on through lots, or the through lot portion of a zoning lot, are modified as set forth in this Section. Such yards shall be provided within 45 feet of the centerline of the through lot or through lot portion, and the level of such yards may be provided at any level not higher than the floor level of the lowest story containing dwelling units that face such yards. Furthermore, no rear yard equivalent regulations shall apply to any through lot or through lot portion of a zoning lot on which a tower is developed or enlarged, pursuant to Section 128-35.

The provisions of this Section, inclusive, shall apply to all buildings or other structures within the Upland Subdistrict.

In C1-2 Districts mapped within R3-2 Districts, all buildings or other structures shall comply with the height and setback regulations of R4 Districts, except that the maximum perimeter wall height shall be 26 feet, and the street wall location provisions of Section 128-32 (Street Wall Location) shall apply.

The underlying height and setback regulations of C4-2 Districts within the Upland Subdistrict shall not apply. In lieu thereof, the height and setback regulations of this Section, inclusive, shall apply.

In the South and North Waterfront Subdistricts, the underlying height and setback regulations of Section 62-34 (Height and Setback Regulations on Waterfront Blocks) shall apply, except that:

(a)        in the South Waterfront Subdistrict, rooftop regulations shall be as modified in Section 128-31 (Rooftop Regulations); and

(b)        in the North Waterfront Subdistrict, developments, enlargements, alterations and changes of use permitted pursuant to Section 128-61 (Special Permit for North Waterfront Sites) shall instead be subject to the Proposed Plans, as set forth in Section 128-61, as approved pursuant to such special permit.

All heights shall be measured from the base plane, except that wherever a minimum or maximum base height is specified for zoning lots with multiple street frontages, such heights shall be determined separately for each street frontage, with each height measured from the final grade of the sidewalk fronting such street wall.

        The provisions of Section 33-42 (Permitted Obstructions) shall apply to all buildings, 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).

(a)        Street walls along commercial streets

For zoning lots with commercial street frontage, the street wall shall extend along at least 70 percent of the commercial street frontage of the zoning lot and be located within eight feet of the street line of the commercial street, or sidewalk widening line, whichever is applicable.

(b)        Street walls along non-commercial streets

For zoning lots without commercial street frontage, the street wall shall extend along at least 50 percent of the street frontage of the zoning lot and be located within eight feet of the street line or sidewalk widening line, whichever is applicable.

In C4-2 Districts within the Upland Subdistrict, such street walls shall rise without setback to the minimum height specified on Map 3 (Minimum and Maximum Base Heights) in the Appendix to this Chapter, or the height of the building, whichever is less. When a building fronts on two intersecting streets for which different minimum base heights apply, the higher base height may wrap around to the street with the lower base height, for a distance of up to 100 feet.

The maximum height of a building or other structure before setback shall be as specified on Map 3 (Minimum and Maximum Base Heights) in the Appendix to this Chapter. Where a maximum base height of 65 feet applies as shown on Map 3, such maximum base height shall be reduced to 40 feet for zoning lots developed or enlarged pursuant to the tower provisions of Section 128-35. When a building fronts on two intersecting streets for which different maximum base heights apply, the higher base height may wrap around to the street with the lower base height for a distance of up to 100 feet. All portions of buildings or other structures above such maximum base heights shall provide a setback at least 10 feet in depth measured from any street wall facing a wide street and 15 feet in depth from any street wall facing a narrow street.

In C4-2 Districts within the Upland Subdistrict, dormers may exceed the maximum base height in accordance with the provisions of paragraph (c) of Section 23-621 (Permitted obstructions in certain districts). However, on any zoning lot that includes a tower developed or enlarged pursuant to Section 128-35, dormers shall not be permitted.

In C4-2 Districts within the Upland Subdistrict, for buildings that are not developed or enlarged pursuant to the tower provisions of Section 128-35 (Towers), the maximum height of a building or other structure and the maximum number of stories, as applicable, shall be as set forth in Section 23-662 (Maximum height of buildings and setback regulations) for a residential equivalent of an R6 District. Separate maximum building heights are set forth within such Section for developments or enlargements with qualifying ground floors and for those with non-qualifying ground floors. However, on Bay Street where there is a maximum base height of 85 feet, the maximum height of a building or other structure also shall be 85 feet.

In C4-2 Districts within the Upland Subdistrict for buildings that are developed or enlarged pursuant to the tower provisions of Section 128-35, the maximum height of the tower portion of a building shall be 200 feet, and the height of all other portions of the building shall not exceed the applicable maximum base height. Where a maximum base height of 65 feet applies as shown on Map 3 in the Appendix to this Chapter, such maximum base height shall be reduced to 40 feet for zoning lots developed or enlarged pursuant to the tower provisions of Section 128-35.

The tower provisions of this Section shall apply, as an option, to any zoning lot with a lot area of at least 10,000 square feet. Any portion of a building developed or enlarged on such zoning lots that exceeds the applicable maximum base height shall be constructed as either a point tower or a broad tower, as follows:

(a)        Point tower

(1)        Tower lot coverage and maximum length

Each story located entirely above a height of 75 feet shall not exceed a gross area of 6,800 square feet. The outermost walls of each story shall be inscribed within a rectangle, and the maximum length of any side of such rectangle shall be 85 feet.

(2)        Tower top articulation

The highest three stories, or as many stories as are located entirely above a height of 75 feet, whichever is less, shall have a lot coverage of at least 50 percent of the story immediately below such stories, and a maximum lot coverage of 80 percent of the story immediately below such stories. Such reduced lot coverage shall be achieved by one or more setbacks on each face of the tower, where at least one setback on each tower face has a depth of at least four feet, and a width that, individually or in the aggregate, is equal to at least 10 percent of the width of such respective tower face. For the purposes of this paragraph (a)(2), each tower shall have four tower faces, with each face being the side of a rectangle within which the outermost walls of the highest story not subject to the reduced lot coverage provisions have been inscribed. The required setbacks shall be measured from the outermost walls of the building facing each tower face. Required setback areas may overlap.

(b)        Broad tower

Each story located entirely above a height of 75 feet shall not exceed a gross area of 8,800 square feet. The outermost walls of each such story shall be inscribed within a rectangle, and the maximum length of any side of such rectangle shall be 135 feet. The upper stories shall provide setbacks with a minimum depth of 15 feet measured from the east facing wall of the story immediately below. Such setbacks shall be provided at the level of three different stories, or as many stories as are located entirely above a height of 75 feet, whichever is less. For towers with at least six stories located entirely above a height of 75 feet, the lowest level at which such setbacks may be provided is 100 feet, and the highest story shall be located entirely within the western half of the tower.

(c)        Orientation of all towers

The maximum length of the outermost walls of any side of each story of a building facing the shoreline that is entirely above a height of 75 feet shall not exceed 80 feet For the purposes of this Section, the street line of St. Marks Place shall be considered to be a line parallel to the shoreline, and any side of such rectangle facing St. Marks Place from which lines perpendicular to the street line of St Marks Place may be drawn, regardless of intervening structures, properties or streets, shall not exceed 80 feet.

(d)        Location of all towers

Any portion of a building that exceeds a height of 70 feet shall be no closer to a side lot line than eight feet, and any story of a building that is entirely above a height of 70 feet shall be located within 25 feet of a street line or sidewalk widening line, where applicable.

(e)        Maximum tower height

The maximum height of any building utilizing the tower provisions of this Section shall be 200 fet. The height of the tower portion of the building shall be measured from the base plane.

(f)        Tower and base integration

All portions of a building that exceed the applicable maximum base height set forth in Section 128-33 shall be set back at least 10 feet from the street wall of a building facing a wide street and at least 15 feet from the street wall of a building facing a narrow street. However, up to 50 percent of the street wall of the portion of the building located above a height of 75 feet need not be set back from the street wall of the building, and may rise without setback from grade, provided such portion of the building is set back at least 10 feet from a wide street line or sidewalk widening line, where applicable, and at least 15 feet from a narrow street line or sidewalk widening line, where applicable.

(g)        Tower exclusion areas

No building or other structure may exceed a height of 75 feet within the areas designated on Map 4 (Tower Restriction Areas) in the Appendix to this Chapter.

Sidewalks with a depth of at least 12 feet, measured perpendicular to the curb of a street, shall be provided along the entire street frontage of a zoning lot. In locations where the width of the sidewalk within the street is less than 12 feet, a sidewalk widening shall be provided on the zoning lot so that the combined width of the sidewalk within the street and the sidewalk widening equals 12 feet. However, existing buildings to remain on the zoning lot need not be removed in order to comply with this requirement. All sidewalk widenings shall be improved to Department of Transportation standards for sidewalks, shall be at the same level as the adjoining public sidewalks, and shall be accessible to the public at all times.

The entire area of the zoning lot between the street line or sidewalk widening line, where applicable, and all street walls of the building and their prolongations, shall be planted at ground level, or in raised planting beds that are permanently affixed to the ground, except that such plantings shall not be required at the entrances to, and exits from, the building, within driveways accessing off-street parking spaces located within, to the side, or rear of such building, or between commercial uses and the street line. No zoning lot shall be altered in any way that will either create a new non-compliance or increase the degree of non-compliance with the provisions of this Section.

The designated locations for visual corridors, as defined in Article VI, Chapter 2, are shown on Map 5 in the Appendix to this Chapter. Such visual corridors shall be provided in accordance with the standards of Sections 62-512 (Dimensions of visual corridors) and 62-513 (Permitted obstructions in visual corridors), except that:

(a)        lighting fixtures in visual corridors shall be considered permitted obstructions; and

(b)        within the visual corridor provided through Parcel 2 to the Pierhead line within the flexible location zone indicated on Map 5, a portion of a building shall be a permitted obstruction, provided that such obstruction is located no more than 14 feet above the reference plane of the visual corridor, and that such obstruction occupies no more than 185,000 cubic feet in total above the reference plane of the visual corridor.

In the Special St. George District, the underlying regulations governing permitted and required accessory off-street parking spaces are modified as set forth in this Section.

In C4-2 Districts, the following special regulations shall apply:

(a)        Residential uses

One off-street parking space shall be provided for each dwelling unit created after October 23, 2008, including any dwelling units within buildings converted pursuant to Article I, Chapter 5 (Residential Conversion Within Existing Buildings), except that the provisions of Section 25-25 (Modification of Requirements for Income-restricted Housing Units, Affordable Independent Residences for Seniors or Other Government-assisted Dwelling Units) shall apply to income-restricted housing units. However, where the total number of required spaces is five or fewer or, for conversions, where the total number of required spaces is 20 or fewer, no parking shall be required, except that such waiver provision shall not apply to any zoning lot subdivided after October 28, 2008. The provisions of Section 73-46 (Waiver of Requirements for Conversions) shall apply to conversions where more than 20 parking spaces are required.

(b)        Commercial uses

For commercial uses, the off-street parking and loading requirements of a C4-3 District shall apply, except that food stores with 2,000 or more square feet of floor area per establishment shall require one parking space per 400 square feet of floor area and, for places of assembly and hotels, the off-street parking and loading requirements of a C4-2 District shall apply.

(c)        Community facility use

For ambulatory diagnostic or treatment health care facilities listed in Use Group 4, the off-street parking requirements of a C4-3 District shall apply.

The floor area of a building shall not include floor space used for off-street parking spaces provided in any story that complies with the provisions of Section 128-54 (Location of Accessory Off-street Parking Spaces).

        All accessory off-street parking spaces may be provided within parking facilities, including public parking garages, on zoning lots other than the same zoning lot as the use to which they are accessory, provided:

(a)        such parking facilities are located within the Special St. George District ;

(b)        the off-street parking space within such facility is counted only once in meeting the parking requirements for a specific zoning lot ; and

(c)        the number of accessory parking spaces within such facility shall not exceed the combined number of spaces permitted on each zoning lot using such facility, less the number of spaces provided on each zoning lot using such facility.

No open parking areas shall be located between the street wall of a building and the street line, and no open parking area shall front upon a commercial street. All open parking areas, regardless of the number of parking spaces, shall comply with the perimeter screening requirements of Section 37-921.

All off-street parking spaces within structures shall be located within facilities that, except for entrances and exits, are:

(a)        entirely below the level of each street upon which such facility fronts; or

(b)        located, at every level above-grade, behind floor area or screening in accordance with the provisions of Section 37-35 (Parking Wrap and Screening Requirements). For the purpose of applying such provisions, commercial streets designated on Map 2 in Appendix A of this Chapter shall be considered designated retail streets; and

(c)        no parking shall be permitted on the roof of such facilities.

The roof of a facility containing off-street parking spaces, not otherwise covered by a building, which is larger than 400 square feet, shall be landscaped. No parking spaces shall be provided on the roof of such facility. Up to five percent of such roof area may be used for mechanical equipment, provided that such mechanical equipment is screened from view by a fence which is at least 75 percent opaque or by at least three feet of dense planting. No less than 75 percent of such roof area shall be accessible for the recreational use of the occupants of the building in which it is located; and no more than 25 percent may be accessible solely from an adjacent dwelling unit. Hard surfaced areas shall not cover more than 60 percent of such roof area.

No curb cuts shall be permitted on commercial streets as shown on Map 2 in the Appendix to this Chapter. However, if access to a required accessory parking facility or loading berth is not possible because of such restriction, a curb cut may be allowed if the Chairperson of the City Planning Commission certifies to the Commissioner of Buildings that such location is the only possible location for the facility or loading berth, is not hazardous to traffic safety, is at least 50 feet from the intersection of two street lines, and is constructed so as to have minimal effect on the streetscape.

The special permit for North Waterfront sites set forth in Section 128-61 is established in order to guide and encourage appropriate use and development in a unique location within the Special St. George District that serves as a gateway between Staten Island and Manhattan for both visitors and daily commuters. Redevelopment of the North Waterfront sites pursuant to this special permit provides an appropriate means to address the special characteristics of these sites, while accommodating their continuing transportation function, as part of their transformation into a regional destination that will contribute to the revitalization of the Special St. George District and surrounding area.

In the North Waterfront Subdistrict, for Parcels 1 and 2, and for improvements to the publicly accessible waterfront open space, provided in connection with the development of such parcels, as applicable, the City Planning Commission may approve, by special permit, a development plan for each such parcel and an improvement plan for the publicly accessible waterfront open space. For any application for such special permit, the applicant shall provide plans to the Commission, including but not limited to a site plan, interim parking plan, signage plan, lighting plan and an improvement plan for the publicly accessible waterfront open space (the "Proposed Plans"). Such Proposed Plans shall be subject to the conditions set forth in paragraphs (a) through (e) and the findings set forth in paragraph (f) of this Section.

Pursuant to such Proposed Plans, the Commission may:

(a)        permit the following uses :

(1)        commercial uses as set forth in Section 42-12 (Use Groups 3A, 6A, 6B, 6D, 6F, 7B, 7C, 7D, 7E, 8, 9B, 9C, 10A, 10B, 10C, 11, 12A, 12C, 12D, 12E, 13, 14 and 16) with no limitation on floor area per establishment;

(2)        uses specified in Section 32-24 (Use Group 15);

(3)        public parking garages with more than 150 spaces;

(4)        temporary public parking lots or public parking garages with more than 150 spaces, supplied in connection with an interim parking plan, provided that:

(i)        the applicable findings of Section 74-51 (Public Parking Garages or Public Parking Lots Outside High Density Central Areas) are met by each such temporary public parking facility;

(ii)        such temporary public parking lots or public parking garages with more than 150 spaces, may be located off-site or beyond the boundaries of the Special St. George District only as set forth in the interim parking plan. Any change in the location of such temporary public parking facility with more than 150 spaces, or any increase in the number of spaces in a temporary public parking facility to more than 150 spaces, or any addition of a public parking facility with more than 150 spaces provided in connection with such interim parking plan, shall be subject to further approval by the City Planning Commission and referred to the applicable Community Board(s) for review; and

(iii)        the permit to operate such public parking lots or public parking garages shall expire 30 days after the Department of Buildings issues a certificate of occupancy for all permanent public parking facilities on Parcel 2;

(b)        where such development is located partially or entirely within a railroad or transit right-of-way or yard or in railroad or transit air space:

(1)        permit that portion of the railroad or transit right-of-way or yard which will be completely covered over by a permanent platform to be included in the calculations of lot area for such development ; and

(2)        establish, in lieu of base plane, an appropriate level or levels as the reference plane for the entire zoning lot for the applicable regulations pertaining to, but not limited to, height and setback, floor area and yards;

(c)        permit signs pursuant to a signage plan, subject to the following conditions:

(1)        the sign regulations of a C4 District, as set forth in Section 32-60, shall apply, except as specifically modified by the conditions set forth in paragraphs (c)(2) through (c)(7), inclusive, of this Section;

(2)        flashing signs shall not be permitted;

(3)        the height of signs shall be measured from the base plane ;

(4)        flags, banners or pennants, other than those that are advertising signs, shall be permitted without limitation;

(5)        on Parcel 1:

(i)        the total surface area of a sign affixed to a building frontage facing the shoreline or affixed to the base of a structure facing the shoreline shall not exceed 1,120 square feet, provided that for a sign with a surface area larger than 500 square feet, all writing, pictorial representations, emblems, flags, symbols or any other figure or character comprising the design of such sign, shall be separate elements, individually cut and separately affixed to the structure. No perimeter or background surfaces shall be applied or affixed to the structure in addition to such separate elements. No portion of such separate elements shall extend beyond the maximum dimensions allowed for the structure; and

(ii)        signs shall be permitted to be located on the deck of the railroad right-of-way, provided that the surface area of such signs shall be included in the calculations of total surface area of signs ;

(6)        on Parcel 2:

(i)        open pedestrian pathways of at least 20 feet in width shall be considered streets for the purposes of sign regulations;

(ii)        signs shall not extend to a height greater than 60 feet above the base plane ; and

(iii)        the total surface area of signs on the building frontage facing Richmond Terrace, the prolongation of Wall Street, or on the building frontage or other structure facing the access route into the Ferry Terminal for buses, may exceed the limitations for total surface area for signs permitted in a C4 District, pursuant to an approved signage plan; and

(7)        the total surface area of all signs on Parcel 2 facing the shoreline, or that are within 15 degrees of being parallel to the shoreline, shall not exceed:

(i)        500 square feet for signs located above the level of the first story ceiling of buildings ; or

(ii)        250 square feet for signs located below the level of the first story ceiling of buildings ;

(d)        through approval of the Proposed Plans, establish appropriate requirements in lieu of the following Special St. George District regulations:

Section 128-12        (Transparency Requirements);

Section 128-42        (Planting Areas);

Section 128-54        (Location of Accessory Off-street Parking Spaces) to the extent necessary to accommodate demand for parking within the North Waterfront Subdistrict;

Section 128-55        (Special Requirements for Roofs of Parking Facilities); and

(e)        through approval of the Proposed Plans:

(1)        establish appropriate requirements for the height and setback of buildings or other structures, permitted obstructions in yards, off-street parking and loading; and

(2)        permit floor area to be distributed within the North Waterfront Subdistrict without regard for zoning lot lines, provided that if distribution is made to a zoning lot, subject to a special permit granted under this Section, from a zoning lot not subject to such special permit, Notices of Restriction in a form acceptable to the Department of City Planning shall be filed against such zoning lots setting forth the increase and decrease in the floor area on such zoning lots, respectively.

(f)        The Commission shall find that the Proposed Plans:

(1)        include uses that are appropriate, considering the unique location of the site in relation to the Staten Island Ferry Terminal, the Staten Island Rail Road, and the land uses in and around the Special St. George District ;

(2)        provide a distribution of floor area, locations and heights of buildings or other structures, primary business entrances and open areas, that will result in a superior site plan, providing a well-designed relationship between buildings and other structures and open areas on the zoning lot; and shall also provide a well-designed relationship between the site and adjacent streets, surrounding buildings, adjacent off-site open areas and shorelines and will thus benefit the users of the site, the neighborhood and the City as a whole;

(3)        provide a distribution of floor area and locations and heights of buildings or other structures that will not unduly increase the bulk of buildings or other structures in the North Waterfront Subdistrict or unduly obstruct access of light and air to the detriment of the users of the site or nearby blocks or of people using the public streets, and that will provide waterfront vistas from nearby streets and properties on nearby blocks ;

(4)        provide useful and attractive publicly accessible open space, with sufficient public amenities, including but not limited to seating, landscaping and lighting, that results in a superior relationship with surrounding neighborhood destinations, streets, buildings, open areas, public facilities and the waterfront;

(5)        improve public access to the waterfront;

(6)        improve, as applicable, the publicly accessible waterfront open space sufficiently to ensure that emergency vehicles will have adequate access to the waterfront and adjacent developments ;

(7)        in connection with the improvement of the applicable portions of the publicly accessible waterfront open space, restore planted areas, trees and lighting in a way that is attractive and compatible with the design of the Waterfront Esplanade existing on October 30, 2013;

(8)        provide adequate parking and loading to meet the demand for all users during peak utilization;

(9)        provide adequate parking for commuters at locations convenient and accessible to the Staten Island Ferry Terminal at all times and during all phases of construction;

(10)        provide signage and lighting that are compatible with the scenic and historic character of the harbor and that will not adversely affect the character of the surrounding neighborhood;

(11)        for a public parking garage with more than 150 parking spaces, will ensure that:

(i)        entrances are proposed in locations and with design features that minimize traffic congestion and conflicts with pedestrians;

(ii)        adequate reservoir space has been provided at the vehicular entrances; and

(iii)        the streets providing access to such use will be adequate to handle the traffic generated thereby; and

(12)        for a development located partially or entirely within a railroad or transit right-of-way or yard and/or in railroad or transit air space, that:

(i)        the distribution of floor area does not adversely affect the character of the surrounding area by being unduly concentrated in any portion of such development, including any portion of the development located beyond the boundaries of such railroad or transit right-of-way or yard; and

(ii)        if such railroad or transit right-of-way or yard is deemed appropriate for future transportation use, the site plan and structural design of the development do not preclude future use of, or improvements to, the right-of-way for such transportation use.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area. In addition, for a development located partially or entirely within a railroad or transit right-of-way or yard, or in railroad or transit air space, the Commission may require that the structural design of such development makes due allowance for changes within the layout of tracks or other structures within any railroad or transit air space or railroad or transit right-of-way or yard which may be deemed necessary in connection with future development or improvement of the transportation system.

Prior to granting a special permit, the Commission shall request the Metropolitan Transportation Authority to indicate whether said agency has any plan to use that portion of any railroad or transit air space or railroad or transit right-of-way or yard where the railroad or transit use has been discontinued.

The execution and recordation of a restrictive declaration acceptable to the Commission, binding the owners, successors and assigns to maintain such developments, enlargements, alterations, changes of use, and any temporary parking facilities, in accordance with the approved Proposed Plans, and in a manner consistent with any additional conditions and safeguards prescribed by the Commission, shall be a condition to exercise of the special permit. Such restrictive declaration shall be recorded in the Office of the County Clerk. A copy of such declaration shall be provided to the Department of Buildings upon application for any building permit related to a development, enlargement or change of use.

Map 1 - Special St. George District and Subdistricts (10/30/16)

Map 2 — Commercial Streets (10/30/16)

Map 3 — Minimum and Maximum Base Heights (3/22/16)


Map 4 — Tower Restriction Areas (10/30/16)

Map 5 — Visual Corridors and Parcels (10/30/16)

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