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

The "Special Coney Island 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 preserve, protect and enhance the character of the existing amusement district as the location of the city's foremost concentration of amusements and an area of diverse uses of a primarily entertainment and entertainment-related nature;

(b)        to facilitate and guide the development of a year-round amusement, entertainment and hotel district;

(c)        to facilitate and guide the development of a residential and retail district;

(d)        to provide a transition to the neighboring areas to the north and west;

(e)        to provide flexibility for architectural design that encourages building forms that enhance and enliven the streetscape;

(f)        to control the impact of development on the access of light and air to streets, the Boardwalk and parks in the district and surrounding neighborhood;

(g)        to promote development in accordance with the area's District Plan and thus 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 Coney Island 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 The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter.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.

NOTE: Self-certification of sewer connection applications will not be permitted by the Department of Buildings or Department of Environmental Protection in connection with any proposed development or enlargement in the Special Coney Island District for which sewer connection approval is required. Prior to filing a House or Site Connection application, all applicants will be required to submit a site-specific hydraulic analysis to the Department of Environmental Protection for its review and approval, to establish the adequacy of existing sanitary and storm sewers to serve the proposed development or enlargement.

The District Plan for the Special Coney Island District identifies specific areas comprising the Special District in which special zoning regulations are established in order to carry out the general purposes of the Special Coney Island District. The District Plan includes the following maps in the Appendix to this Chapter.

Map 1.        Special Coney Island District and Subdistricts

Map 2.        Mandatory Ground Floor Use Requirements

Map 3.        Coney East Subdistrict Floor Area Ratios

Map 4.        Street Wall Location

Map 5.        Minimum and Maximum Base Heights

Map 6.        Coney West Subdistrict Transition Heights

In order to carry out the purposes and provisions of this Chapter, four subdistricts are established as follows:

Coney East Subdistrict (CE)

Coney North Subdistrict (CN)

Coney West Subdistrict (CW)

Mermaid Avenue Subdistrict (MA)

In each of these subdistricts, certain special regulations apply which do not apply within the remainder of the Special Coney Island District. The subdistricts are specified on Map 1 in the Appendix to this Chapter.

The provisions of Article I, Chapter 5 (Residential Conversion Within Existing Buildings), shall apply in the Special Coney Island 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 Article VI, Chapter 2 (Special Regulations Applying in the Waterfront Area), shall not apply in the Special Coney Island District.

The provisions of Section 74-513 (In C7 Districts) shall not apply in the Special Coney Island District. In lieu thereof, public parking lots shall not be permitted, and public parking garages of any size shall be permitted as-of-right, provided such garages comply with the provisions of Section 131-52 (Use and Location of Parking Facilities).

The provisions of Section 73-36 (Physical Culture or Health Establishments) shall not apply in the Coney East, Coney North or Coney West Subdistricts. In lieu thereof, physical culture or health establishments shall be allowed as-of-right.

(a)        For zoning lots fronting upon Riegelmann Boardwalk, KeySpan Park and Highland View Park

Where the lot line of a zoning lot coincides or is within 20 feet of the boundary of Riegelmann Boardwalk, KeySpan Park or Highland View 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.

(b)        For multiple buildings on the same zoning lot

For the purposes of applying the special use and bulk regulations of this Chapter, abutting buildings on the same zoning lot may be considered one building.    

The special use regulations set forth in this Section, inclusive, shall modify the underlying Commercial Districts, as applicable.

For the purposes of this Chapter, "ground floor level" shall mean the finished floor level within five feet of an adjacent public sidewalk or any other publicly accessible open space.

For the purposes of this Chapter, the definition of transient hotel shall be modified to allow only such hotels used exclusively for transient occupancy. Such transient hotels used exclusively for transient occupancy shall be permitted only in specified locations as set forth in this Chapter.

Special Use Groups are established as set forth in this Section, to promote and strengthen the commercial and entertainment character of the Special District.

Use Group A consists of a group of uses, selected from Use Groups 12, 13 and 15, as modified in this Section, and may be open or enclosed:

Use Group A1

Amusement arcades

Amusement parks, with no limitation on floor area per establishment

Animal exhibits, circuses, carnivals or fairs of a temporary nature

Camps, overnight or day, commercial beaches or swimming pools

Dark rides, electronic or computer-supported games, including interactive entertainment facilities, laser tag and motion simulators

Ferris wheels, flume rides, roller coasters, whips, parachute jumps, dodgem scooters, merry-go-rounds or similar midway attractions

Fortune tellers, freak shows, haunted houses, wax museums, or similar midway attractions

Miniature golf courses and model car hobby centers, including racing

Open booths with games of skill or chance, including shooting galleries

Water parks

Use Group A2

Arenas or auditoriums, with capacity limited to 2,000 seats

Billiard parlors or pool halls, table tennis halls or bowling alleys, with no limitation on number of bowling lanes per establishment

Gymnasiums or recreational sports facilities including, but not limited to, indoor golf driving ranges, batting cages, basketball, volleyball, squash and other courts, without membership requirements

Skateboard parks, roller or ice skating rinks

Theaters, including movie theaters, provided such use does not occupy the ground floor level of a building, except for lobbies limited to a maximum street frontage of 30 feet, except that on corner lots one street frontage may extend up to 100 feet.

Accessory uses to the amusements listed in this Section, including the display and sale of goods or services, provided:

(a)        such accessory uses are limited to not more that 25 percent of the floor area of the amusement establishment or, for open uses, not more than 25 percent of the lot area;

(b)        such accessory uses shall be entered only through the principal amusement establishment;

(c)        such accessory uses shall share common cash registers with the principal amusement use;

(d)        such accessory uses shall have the same hours of operation as the principal amusement use; and

(e)        the principal amusement use shall occupy the entire street frontage of the ground floor level of the establishment and shall extend to a depth of at least 30 feet from the street wall of the building or, for open uses, at least 30 feet from the street line.

Use Group B consists of a group of uses, selected from Use Groups 6, 9, 12, 13 and 18, as modified in this Section:

Art gallery, commercial

Banquet halls

Breweries

Eating or drinking establishments of any size, including those with entertainment or dancing

Historical exhibits

Spas and bathhouses

Studios, art, music, dancing or theatrical

Tattoo parlors

Radio or television studios

Wedding chapels

Use Group C consists of a group of retail and service uses, selected from Use Groups 6, 7, 12 and 14, as modified in this Section:

Arts and crafts production and sales, including but not limited to ceramics, art needlework, hand weaving or tapestries, book binding, fabric painting, glass blowing, jewelry or art metal craft and wood carving

Bicycle sales, rental or repair shops

Bookstores

Candy or ice cream stores

Clothing or clothing accessory

Clothing, custom manufacturing or altering for retail, including costume production and hair product manufacturing

Delicatessen stores

Fishing tackle or equipment, rental or sales

Gift shops

Jewelry manufacturing from precious metals

Musical instrument stores

Music stores

Newsstands

Patio or beach furniture or equipment

Photographic equipment stores and studios

Sporting goods or equipment, sale or rental, including instruction in skiing, sailing or skin diving

Toy stores

The use regulations of the underlying C7 District are modified as set forth in this Section. The locations of the mandatory ground floor use regulations of paragraphs (b), (c), (d) and (f) of this Section are shown on the streets, or portions of streets, specified on Map 2 in the Appendix to this Chapter. Transient hotels and Use Groups A, B and C, as set forth in Sections 131-11 through 131-123, inclusive, and public parking garages, shall be the only uses allowed in the Coney East Subdistrict, and shall comply with the following regulations:

(a)        Use Group C

Use Group C uses shall be limited to 2,500 square feet of floor area and 30 feet of street frontage, except that on corner lots one street frontage may extend up to 100 feet.

(b)        Bowery and Wonder Wheel Way

At least 50 percent of Bowery and Wonder Wheel Way street frontage of any zoning lot shall be occupied by open uses listed in Use Group A1 or, if enclosed, by Use Group A1 uses at the ground floor level, and not more than 50 percent of the Bowery and Wonder Wheel Way street frontage of any zoning lot shall be occupied by Use Group C uses at the ground floor level.

(c)        Surf Avenue

At least 15 percent of the street frontage of each block front bounding the south side of Surf Avenue between West 16th Street and West 10th Street shall be occupied by open uses listed in Use Group A1 or, if enclosed, by Use Group A1 uses at the ground floor level.

There shall be separate open establishments or enclosed ground floor establishments fronting upon each block front bounding Surf Avenue, as follows:

(1)        on the block front bounding the southerly street line of Surf Avenue between Stillwell Avenue and West 12th Street there shall be at least six establishments;

(2)        on the block front bounding the southerly street line of Surf Avenue between West 12th Street and West 10th Street there shall be at least six establishments;

(3)        on all other block fronts there shall be at least four establishments;

(4)        the provisions of this paragraph (c) shall not apply along the southerly street line of Surf Avenue east of West 10th Street.

There may be fewer establishments fronting upon such block fronts than required pursuant to this paragraph (c), where the Chairperson of the Department of City Planning certifies to the Department of Buildings that such modification is necessary to accommodate an amusement use listed in Use Group A1.

(d)        Stillwell Avenue and West 10th Street

At least 15 percent of the Stillwell Avenue and West 10th Street street frontage of any zoning lot shall be occupied by open uses listed in Use Group A1 or, if enclosed, by Use Group A1 uses at the ground floor level.

(e)        Transient hotels

(1)        Transient hotels shall be permitted only on blocks with Surf Avenue frontage, except that no transient hotels shall be permitted on that portion of the block bounded by West 15th and West 16th Streets south of the prolongation of the centerline of Bowery.

(2)        Transient hotel use shall not be permitted within 50 feet of Bowery on the ground floor level of a building, except that where a zoning lot has frontage only on Bowery, a transient hotel lobby may occupy up to 30 feet of such frontage.

(3)        For transient hotels located on zoning lots with at least 20,000 square feet of lot area, an amount of floor area or lot area of Use Group A1 uses equal to at least 20 percent of the total floor area permitted on such zoning lot shall be provided either onsite or anywhere within the Coney East Subdistrict.

(4)        The street wall of the ground floor level of a transient hotel shall be occupied by active accessory uses including, but not limited to, lobbies, retail establishments, eating and drinking establishments and amusements.  

(5)        Accessory retail establishments within a transient hotel shall be limited to 2,500 square feet of floor area.

(f)        Depth of ground floor uses

All ground floor uses within buildings shall have a depth of at least 15 feet measured from the street wall of a building, located on streets, or portions of streets, shown on Map 2. However, such minimum depth requirement may be reduced where necessary in order to accommodate vertical circulation cores or structural columns associated with upper stories of the building.

(g)        Parcel 2

On Parcel 2, as shown on Map 2, only uses listed in Use Group A, and public parking garages of any size, shall be permitted, provided such garages comply with the provisions of Section 131-52 (Use and Location of Parking Facilities).

(h)        Parcel 3

On Parcel 3, as shown on Map 2, the provisions of the underlying C7 District shall apply, except as modified in this paragraph, (h). Only open amusement uses listed in Use Groups 13A and 15, as set forth in Sections 32-22 and 32-24, respectively, shall be permitted.

In the Coney North and Coney West Subdistricts, uses allowed by the underlying district regulations shall apply, except as modified in this Section for uses fronting upon streets specified on Map 2 (Mandatory Ground Floor Use Requirements) in the Appendix to this Chapter. For the purposes of this Section, the "building line" shown on Parcel F on Map 2 shall be considered a street line of Ocean Way or Parachute Way, as applicable. Furthermore, an open or enclosed ice skating rink shall be a permitted use anywhere within Parcel F in the Coney West Subdistrict.

(a)        Mandatory ground floor level uses along certain streets

Any use listed in Use Groups A, B and C, as set forth in Section 131-12, inclusive, not otherwise allowed by the underlying district regulations, shall be permitted within 70 feet of Riegelmann Boardwalk and within 100 feet of all other designated streets, as shown on Map 2.

(1)        Riegelmann Boardwalk

Only uses listed in Use Groups A, B and C and transient hotels located above the ground floor level are permitted within 70 feet of Riegelmann Boardwalk, except that a transient hotel lobby may occupy up to 30 feet of such ground floor frontage along Riegelmann Boardwalk. Use Group C uses shall be limited to 2,500 square feet of floor area and 30 feet of street frontage for each establishment. All other establishments shall be limited to 60 feet of street frontage, except that for any establishment on a corner, one street frontage may extend up to 100 feet. All ground floor uses within buildings shall have a depth of at least 15 feet measured from the street wall of the building. However, such minimum depth requirement may be reduced where necessary in order to accommodate vertical circulation cores or structural columns associated with upper stories of the building.

(2)        Streets other than Riegelmann Boardwalk

At least 20 percent of the frontage of a building or of an open use, on a street specified on Map 2, shall be allocated exclusively to uses listed in Use Groups A, B or C. The remaining frontage of such building or open use, on a specified street, shall be allocated to commercial uses permitted by the underlying district regulations or, where permitted, a transient hotel. In addition, a residential lobby may occupy up to 40 feet of frontage along a specified street frontage.

There shall be at least four separate ground floor or open commercial establishments fronting upon each block fronting on Surf Avenue.

All ground floor commercial uses within buildings shall have a depth of at least 50 feet measured from the street wall of the building. Such minimum 50 foot depth requirement may be reduced where necessary in order to accommodate a residential lobby, vertical circulation cores or structural columns associated with upper stories of the building.

(b)        Prohibited ground floor level uses along streets other than Riegelmann Boardwalk

No use listed in this paragraph, (b), shall be permitted within 50 feet of a street specified on Map 2. Lobbies or entryways to non-ground floor level uses are permitted, provided the length of street frontage occupied by such lobbies or entryways does not exceed, in total, 60 feet.

From Use Group 2:

All uses

From Use Groups 3A and 3B:

All uses, except for libraries, museums or non-commercial art galleries

From Use Groups 4A and 4B:

All uses, except for houses of worship or playgrounds

From Use Group 5A:

All uses, except that transient hotels shall be permitted within 200 feet of Surf Avenue between Stillwell Avenue and West 16th Street

From Use Groups 6B, and 6E:

Offices, veterinary medicine offices or non-commercial clubs

From Use Group 6C:

Banks (except for automated teller machines, provided the length of street frontage allocated for automated teller machines shall be no more than 25 feet or 40 percent of the frontage of the zoning lot, whichever is less, except such frontage need not be less than 20 feet), except that this prohibition shall not apply along Stillwell Avenue

Electrolysis studios, frozen food lockers and loan offices

From Use Group 6D:

All uses

From Use Group 7:

All uses, except for bicycle rental or repair shops

From Use Groups 8A and 8B:

Automobile driving schools, ice vending machines, lumber stores or pawn shops

From Use Groups 8C, 8D and 8E:

All uses

From Use Groups 9A, 9B and 9C:

All uses, except for gymnasiums, public auction rooms, photographic developing or printing establishments for the consumer, or art, music, dancing or theatrical studios

From Use Groups 10A, 10B and 10C:

Depositories for storage, and wholesale offices or showrooms

Use Group 11:

All uses

Use Groups 12A and 12B:

Trade expositions

Use Groups 12C and 12D:

All uses

Use Group 14A and 14B:

All uses, except for bicycle sales, rental or repair shops.

The provisions of Section 32-42 are modified to permit:

(a)        residential uses on the same story as a commercial use or directly below a commercial use, provided no access exists between such uses at any level containing residences, and separate elevators and entrances from the street are provided; and

(b)        in the Coney North and Coney West Subdistricts, any commercial use permitted by this Chapter shall be permitted on the second story of a mixed building. Furthermore, a public parking garage may occupy any story of a mixed building provided such garage complies with the provisions of Section 131-52 (Use and Location of Parking Facilities).

Each ground floor level street wall of a commercial or community facility use other than a use listed in Use Group A, as set forth in Section 131-121, shall be glazed in accordance with the provisions of Section 37-34 (Minimum Transparency Requirements).

However, in the Coney East Subdistrict and along Riegelmann Boardwalk and boundary of KeySpan Park in the Coney West Subdistrict, in lieu of the transparency requirements of this Section, at least 50 percent of the area of the ground floor level street wall of a commercial use, measured to a height of 12 feet above the level of the adjoining sidewalk, public access area or base plane, whichever is higher, may be designed to be at least 50 percent open during seasonal business hours.

Along streets specified on Map 2 (Mandatory Ground Floor Use Requirements) in the Appendix to this Chapter, other than Riegelmann Boardwalk, the City Planning Commission may authorize establishments containing Use Group A, B or C uses within buildings with a ground floor depth of less than 50 feet upon a finding that the design and operation of such establishments result in an effective and compelling amusement, entertainment or retail space that furthers the goals of the Special District.

(a)        In the Coney East Subdistrict, the underlying C7 sign regulations shall apply, except that:

(1)        no advertising signs shall be permitted above a height of 40 feet; and

(2)        the provisions of Sections 32-66 (Additional Regulations for Signs Near Certain Parks and Designated Arterial Highways), inclusive, and 32-67 (Special Provisions Applying Along District Boundaries) shall not apply.

(b)        In the Coney North and Coney West Subdistricts, the underlying C2-4 District sign regulations shall apply, except that the height restrictions of Section 32-655 shall be modified to allow permitted signs at the level of any story occupied by a commercial use.

The floor area ratio regulations of the underlying districts shall be modified as set forth in this Section, inclusive.

(a)        Except on Parcel 3, as shown on Map 3 (Coney East Subdistrict Floor Area Ratios) in the Appendix to this Chapter, the maximum floor area ratio of the underlying C7 District shall not apply. In lieu thereof, the maximum floor area ratio is specified for each block, or portion thereof, as shown on Map 3. On Parcel 2, as shown on Map 3, the maximum floor area ratio for a public parking garage shall be 4.0.

On Parcel 3, the maximum floor area ratio of the underlying C7 District shall apply. Furthermore, floor area attributable to Parcel 3 shall be used exclusively within Parcel 3.

(b)        In the Coney East Subdistrict, no rear yards shall be required.

R7A R7D R7X

(a)        Applicability of Inclusionary Housing Program

R7A, R7D and R7X Districts within the Special Coney Island District shall be Inclusionary Housing designated areas, pursuant to Section 12-10 (DEFINITIONS), for the purpose of making the Inclusionary Housing Program regulations of Section 23-90, inclusive, applicable as modified within the Special District.

(b)        Maximum floor area ratio

The base floor area ratio for any zoning lot containing residences shall be as set forth in the table in this Section. Such base floor area ratio may be increased to the maximum floor area ratio set forth in the table through the provision of affordable housing, pursuant to the provisions for Inclusionary Housing designated areas, as set forth in Section 23-90 (INCLUSIONARY HOUSING), inclusive. Parcels A through F within R7D Districts are shown on Map 1 (Special Coney Island District and Subdistricts).

FLOOR AREA RATIO FOR BUILDINGS CONTAINING RESIDENCES

Subdistrict/Parcels

Zoning District

Base floor area ratio

Maximum floor area ratio

Coney West Parcels: A, B, C, D

R7D

4.35

5.8

Coney West Parcels: E, F

R7D

4.12

5.5

Coney North

R7X

3.75

5.0

Mermaid Avenue

R7A

3.45

4.6

(c)        Coney West floor area distribution

In the Coney West Subdistrict, floor area attributable to zoning lots within the following sets of parcels, as shown on Map 1 in the Appendix to this Chapter, may be distributed anywhere within such sets of parcels:

Parcels A and B

Parcels C and D

Parcels E and F.

In addition, floor area attributable to block 7071, lot 130, within Parcel B may be distributed anywhere within Parcels C or D.

(d)        Height and setback

For all zoning lots, or portions thereof, located in the Coney West or Coney North Subdistricts, the height and setback regulations of 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 height and setback regulations of this Chapter shall apply.

In the Coney West and Coney North Subdistricts, the maximum permitted floor area ratio for community facility uses shall be 2.0.

In the Coney North Subdistrict, for transient hotels located within 200 feet of Surf Avenue between Stillwell Avenue and West 16th Street, the maximum permitted floor area ratio shall be 3.75.

In the Special Coney Island District, the level of any building containing accessory parking spaces or non-residential uses shall be exempt from lot coverage regulations.

The underlying height and setback regulations shall not apply. In lieu thereof, the height and setback regulations of this Section shall apply. The height of all buildings or other structures shall be measured from the base plane.

The provisions of Section 33-42 (Permitted Obstructions) shall apply to all buildings within the Special Coney Island 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) only in the Mermaid Avenue Subdistrict.

The regulations of this Section, inclusive, shall apply to all buildings or other structures in the Coney East Subdistrict. Street wall location rules and maximum base height rules shall apply only to buildings. Maximum heights shall apply to all buildings or other structures.

For the purposes of applying the height and setback regulations of this Section, Jones Walk shall not be considered a street. Maps 4 (Street Wall Location) and 5 (Minimum and Maximum Base Heights) in the Appendix to this Chapter, illustrate the street wall location provisions and minimum and maximum base height provisions of this Section.

A building or other structure that exceeds a height limit shall be permitted where the Chairperson of the Department of City Planning certifies to the Department of Buildings that such additional height is necessary to accommodate an amusement use listed in Use Group A1.

The following regulations shall apply along the south side of Surf Avenue and along those portions of streets intersecting Surf Avenue located north of a line drawn 50 feet north of and parallel to the northern street line of Bowery and its westerly prolongation.

(a)        Street wall location

The street wall of a building shall be located within five feet of the street line and extend along the entire frontage of the zoning lot, except that:

(1)        a sidewalk widening shall be required at the intersection of Surf Avenue and West 10th Street, extending from a point on the Surf Avenue street line 125 feet west of West 10th Street to a point on the West 10th Street street line 20 feet south of Surf Avenue. Such area shall be improved as a sidewalk to Department of Transportation standards, be at the same level as the adjoining sidewalks, and be accessible to the public at all times. Such sidewalk widening line shall be considered a street line for the purposes of applying the use and height and setback regulations of this Chapter;

(2)        ground floor level recesses up to three feet deep shall be permitted for access to building entrances. However, for building entrances providing direct access to the lowest story located above the base flood elevation, such recesses shall be permitted to have a depth of up to 10 feet provided the width of such recesses does not exceed 20 feet and the height of such recessed area is not less than 15 feet at any point as measured from the base flood elevation ;

(3)        to allow for corner articulation, the street wall may be located anywhere within an area bounded by intersecting street lines and lines 15 feet from and parallel to such street lines ;

(4)        to allow for portions of towers to rise without setback from grade, a portion of a building base below a tower may be set back 10 feet from the street line, provided the width of such setback area is not greater than 40 percent of the width of the street wall of the tower, and provided such setback area complies with the provisions of Section 131-47 (Design Requirements for Ground Level Setbacks).

(b)        Building base

(1)        Surf Avenue, west of West 12th Street

West of West 12th Street, the street wall of a building shall rise without setback to a minimum base height of 35 feet or the height of the building, whichever is less, and a maximum base height of 45 feet. If a tower is provided, in accordance with the requirements of paragraph (d) of this Section, the maximum base height shall be 65 feet. At a height no lower than the minimum base height and no higher than the maximum base height, a setback shall be required, pursuant to the provisions set forth in paragraph (c) of this Section.

Any portion of a street wall which exceeds a height of 60 feet shall be located within 150 feet of the intersection of two street lines and shall coincide with the location of a tower. Towers shall comply with the location requirements of paragraph (d) of this Section.

(2)        Surf Avenue, east of West 12th Street

East of West 12th Street, the street wall of a building shall rise without setback to a minimum base height of 35 feet or the height of the building, whichever is less, and a maximum base height of 45 feet. At a height no lower than the minimum base height and no higher than the maximum base height, a setback is required that shall comply with the provisions set forth in paragraph (d) of this Section.

For the base of any building located on the south side of Surf Avenue, above the level of the second story, up to 30 percent of the aggregate width of street walls may be recessed, provided no recesses are located within 15 feet of an adjacent building or within 30 feet of the intersection of two street lines, except where corner articulation is provided as set forth in paragraph (a)(3) of this Section.

(c)        Transition height

All portions of a building that exceed the applicable maximum base height specified in paragraph (b) of this Section shall be set back from the street line at least 20 feet except that, where towers are provided, the minimum setback depth from the street line shall be 10 feet.

(1)        West of West 12th Street

All portions of a building that exceed the maximum base height set forth in paragraph (b)(1) of this Section shall comply with the tower provisions of paragraph (d) of this Section.

(2)        East of West 12th Street

The maximum transition height shall be 65 feet, and all portions of buildings that exceed such height shall comply with the tower provisions of paragraph (d) of this Section, except that within 100 feet of Jones Walk on the easterly side, the maximum building height after the required setbacks shall be 85 feet.

(3)        Special Regulations for Use Group A

The transition height regulations of paragraphs (c)(1) and (c)(2) of this Section shall not apply to buildings that rise to a maximum height of 85 feet to accommodate a Use Group A use or to buildings where the Chairperson of the Department of City Planning certifies to the Department of Buildings that additional height is necessary to accommodate an amusement use listed in Use Group A1.

(d)        Towers

All stories of a building located partially or wholly above a height of 65 feet shall be considered a "tower" and shall comply with the provisions of this paragraph (d).

(1)        Maximum floorplate

Each story of a tower shall not exceed a gross area of 8,500 square feet.

(2)        Maximum length and height

The outermost walls of all tower stories shall be inscribed within a rectangle, and no side of such rectangle shall exceed a length of 165 feet.

The maximum height of a building located between West 12th Street and Jones Walk shall be 150 feet between West 12th Street and Jones Walk. The maximum height of a building located between West 12th Street and West 16th Street on zoning lots with less than 50,000 square feet of lot area shall be 220 feet; on zoning lots with 50,000 square feet or more of lot area, the maximum height of a building shall be 270 feet. All towers that exceed a height of 150 feet shall provide articulation in accordance with Section 131-46.

(3)        Tower location

All towers shall be located within 25 feet of Surf Avenue and entirely within 100 feet of an intersecting street.

Any building or other structure fronting upon the north side of Surf Avenue shall not exceed a height of 85 feet. Furthermore, in order to protect the view from the elevated subway to the Coney East Subdistrict, no portion of such building or other structure, including permitted obstructions or signs, shall be located between a height of five feet below the upper level of the elevated subway tracks and a level 25 feet above such level, except for a vertical circulation core, supporting structural elements and related appurtenances. In no event shall more than 30 percent of the Surf Avenue frontage of the zoning lot be obstructed with such elements.  

The following regulations shall apply along Wonder Wheel Way, Bowery, and all other streets, and portions thereof, located south of a line drawn 50 feet north of and parallel to the northern street line of Bowery and its westerly prolongation.

(a)        Street wall location

The street wall of the building, or portion thereof, shall be located within five feet of the street line. However, for building entrances providing direct access to the lowest story located above the base flood elevation, a recess shall be permitted to have a depth of up to 10 feet as measured from the street line, provided the width of such recess does not exceed 20 feet and the height of such recessed area is not less than 15 feet at any point as measured from the base flood elevation ;

(b)        Maximum height

The street wall of a building, or portion thereof, shall rise to a minimum height of 20 feet and a maximum height of 40 feet before setback. The maximum height of a building or other structure shall be 60 feet, provided any portion of a building that exceeds a height of 40 feet shall be set back from the street wall of the building at least 20 feet.

West of West 12th Street, along the northern street line of Bowery, the maximum building height shall be 40 feet. If a tower is provided along the Surf Avenue portion of the block, 40 percent of the aggregate width of street walls may rise above the maximum street wall height of 40 feet, provided that such portion is located within 150 feet of the intersection of two street lines. However, where the portion of the block that fronts on Surf Avenue is developed or enlarged pursuant to the special regulations for Use Group A in paragraph (c)(3) of Section 131-421 (Coney East Subdistrict, south side of Surf Avenue), the street wall may rise after a setback of 20 feet to a maximum height of 60 feet for the entire length of the Bowery street line, or may extend beyond the 40 percent of the aggregate width of street wall for the length of the street wall of such Use Group A development or enlargement which fronts along Surf Avenue, whichever is less.

The regulations of this Section shall apply to all buildings or other structures in the Coney West Subdistrict. Map 4 (Street Wall Location), Map 5 (Minimum and Maximum Base Heights) and Map 6 (Coney West Subdistrict Transition Heights), in the Appendix to this Chapter, illustrate the street wall location provisions, minimum and maximum base height provisions and transition height provisions of this Section, inclusive. For the purposes of this Section, the "building line" shown on Parcel F shall be considered a street line of Ocean Way or Parachute Way, as indicated on such maps.

The regulations of this Section shall apply along Surf Avenue. The street wall location provisions of paragraph (a) of this Section shall also apply along streets intersecting Surf Avenue within 50 feet of Surf Avenue, and the building base regulations of paragraph (b) of this Section shall also apply along streets within 100 feet of Surf Avenue.

(a)        Street wall location

The street wall of a building base shall be located on the Surf Avenue street line and extend along the entire Surf Avenue frontage of the zoning lot, except that:

(1)        ground floor level recesses up to three feet deep shall be permitted for access to building entrances, except that for building entrances providing direct access to the lowest story located above the base flood elevation, such recesses shall be permitted to have a depth of up to 10 feet provided the width of such recess does not exceed 20 feet and the height of such recessed area is not less than 15 feet at any point as measured from the base flood elevation ;

(2)        to allow for corner articulation, the street wall may be located anywhere within an area bounded by intersecting street lines and lines 15 feet from and parallel to such street lines ; and

(3)        to allow for portions of towers to rise without setback from grade, a portion of a building base below a tower may be set back 10 feet from a street line, provided the width of such setback area is not greater than 40 percent of the width of the street wall of the tower and provided such setback area complies with the provisions of Section 131-47 (Design Requirements for Ground Level Setbacks).

(b)        Building base

A street wall fronting on Surf Avenue shall rise without setback to a minimum height of six stories or 65 feet, or the height of the building, whichever is less, and a maximum height of eight stories or 85 feet, whichever is less, before a setback is required. However, on the block front bounded by West 21st Street and West 22nd Street, the minimum height of a street wall shall be 40 feet and the maximum height of a street wall shall be six stories or 65 feet, whichever is less, before a setback is required.

Above the level of the second story, up to 30 percent of the aggregate width of street walls may be recessed, provided no recesses are located within 15 feet of an adjacent building or within 30 feet of the intersection of two street lines, except where corner articulation is provided as set forth in paragraph (a)(2) of this Section.

All portions of a building or other structure that exceed the maximum heights set forth in this paragraph, (b), shall be set back from the street line at least 10 feet.

(c)        Transition height

Above the maximum base height, a street wall may rise to a maximum transition height of nine stories or 95 feet, whichever is less, provided that such street walls are set back a minimum distance of 10 feet from the Surf Avenue street line. All portions of buildings or other structures that exceed a transition height of 95 feet shall comply with the tower provisions of Section 131-434 (Coney West Subdistrict towers).

The following regulations shall apply along all other streets in the Coney West Subdistrict, except within 70 feet of Riegelmann Boardwalk.

(a)        Street wall location

The street wall of a building base, or portion thereof, beyond 50 feet of Surf Avenue, shall be located within eight feet of the street line except that, to allow portions of towers to rise without setback from grade, a portion of a building base below a tower may be set back 10 feet from the street line, provided the width of such setback area is not greater than 40 percent of the width of the street wall of the tower. In addition, for street walls facing Ocean Way, building entrances providing direct access to the lowest story located above the base flood elevation may be recessed up to a depth of 10 feet as measured from the street line, provided the width of such recess does not exceed 20 feet and the height of such recessed area is not less than 15 feet at any point as measured from the base flood elevation.

The entire area of the zoning lot between the street line 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.

(b)        Building base

The street wall of a building base, or portion thereof, located beyond 100 feet of Surf Avenue, shall rise without setback to a minimum height of 40 feet or the height of the building, whichever is less, and a maximum height of six stories or 65 feet, whichever is less. Up to 30 percent of the aggregate width of street walls may be recessed for outer courts or balconies, provided no recesses are located within 15 feet of an adjacent building or within 30 feet of the intersection of two street lines, and provided the maximum depth of such recesses is 15 feet, as measured from the street line. All portions of a building or other structure that exceed a height of 65 feet shall be set back from the street wall at least 10 feet, except such setback distance may include the depth of any permitted recesses.

(c)        Transition heights

Beyond 100 feet of Surf Avenue, a street wall may rise to a maximum transition height of nine stories or 95 feet, whichever is less, provided that:

(1)        above the maximum base height, street walls are set back a minimum distance of 10 feet from the street line, except that for blocks north of the Ocean Way street line, along a minimum of one street line bounding the block (except for Surf Avenue), at least 40 percent of the aggregate width of street walls shall remain open to the sky for a minimum depth of 100 feet from the street line ;

(2)        for blocks bounding the southern street line of Ocean Way, any portion of a building or other structure that exceeds a height of six stories or 65 feet, whichever is less, shall be located within 80 or 100 feet of a street line, as indicated on Map 6 in the Appendix to this Chapter;

(3)        for portions of buildings higher than six stories or 65 feet that are within 100 feet of Riegelmann Boardwalk, each story within such portion shall provide a setback with a depth of at least 10 feet, measured from the south-facing wall of the story directly below.

A building or other structure may exceed such transition heights only in accordance with the tower provisions of Section 131-434.

A street wall shall be located on Riegelmann Boardwalk street line and extend along the entire Riegelmann Boardwalk frontage of the zoning lot to a minimum height of 20 feet, as shown on Map 5 (Minimum and Maximum Base Heights). Any building or other structure within 70 feet of Riegelmann Boardwalk shall not exceed a height of 40 feet above the level of Riegelmann Boardwalk.

In addition, on Parcel F, a street wall shall be located on the Parachute Way building line and the portion of the Ocean Way building line that is within 100 feet of the Parachute Way building line, as shown on Map 4 (Street Wall Location). Such street walls shall extend along such entire frontages of Parcel F to a minimum height of 20 feet.

All stories of a building or portions of other structures located partially or wholly above an applicable transition height shall be considered a "tower" and shall comply with the provisions of this Section.

(a)        Maximum floorplate

Each story of a tower shall not exceed a gross area of 8,500 square feet.

(b)        Maximum length and height

On blocks bounding Surf Avenue, the maximum height of a building or other structure shall be 220 feet, and on blocks bounding the southerly street line of Ocean Way, the maximum height of a building or other structure shall be 170 feet. Furthermore, the outermost walls of all tower stories shall be inscribed within a rectangle, and no side of such rectangle shall exceed a length of 165 feet.

Where affordable housing is provided pursuant to Section 131-321 (Special floor area regulations for residential uses), the maximum height of a building shall be increased to 270 feet, provided either:

(1)        the outermost wall of all tower stories are inscribed within a rectangle where no side of such rectangle exceeds a length of 100 feet; or

(2)        the outermost wall of all tower stories below a height of 120 feet are inscribed within a rectangle where no side of such rectangle exceeds a length of 130 feet and, above such height, no side of such rectangle shall exceed a length of 100 feet. In addition, above a height of 120 feet, the maximum floor plate shall be 80 percent of the story immediately below such height, or 6,800 square feet, whichever is greater. 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 five feet and a width that, individually or in the aggregate, is equal to at least 10 percent of the width of each respective tower face.

All buildings that exceed a height of 170 feet shall provide articulation in accordance with Section 131-46 (Tower Top Articulation).

(c)        Tower location

All towers shall be located entirely within 100 feet of Parachute Way, West 20th Street, West 21st Street or West 22nd Street and within 25 feet of the intersection of two street lines. When a zoning lot fronting upon Surf Avenue contains a tower, such tower shall be located within 25 feet of Surf Avenue. No more than one tower shall be permitted on any zoning lot, except that where affordable housing is provided pursuant to Sections 23-90 and 131-321, no more than two towers shall be permitted on any zoning lot, and the second tower shall be located within 25 feet of Ocean Way. However, Parcel E may include two towers and, where affordable housing is provided pursuant to Section 131-321, a third tower shall be permitted to be located anywhere on such parcel along Parachute Way.

The regulations of this Section shall apply to all buildings or other structures in the Coney North Subdistrict. Maps 4 (Street Wall Location) and 5 (Minimum and Maximum Base Heights), in the Appendix to this Chapter, illustrate the street wall location provisions, minimum and maximum base height provisions and maximum building height provisions of this Section, inclusive.

The regulations of this Section shall apply along Surf Avenue. The street wall location provisions of paragraph (a) of this Section shall also apply along streets intersecting Surf Avenue within 50 feet of Surf Avenue, and the building base regulations of paragraph (b) of this Section shall also apply along streets within 100 feet of Surf Avenue.

(a)        Street wall location

The street wall of a building base shall be located on the Surf Avenue street line and extend along the entire Surf Avenue frontage of the zoning lot, except that:

(1)        ground floor level recesses up to three feet deep shall be permitted for access to building entrances. However, for building entrances providing direct access to the lowest story located above the base flood elevation, such recesses shall be permitted to have a depth of up to 10 feet provided the width of such recess does not exceed 20 feet and the height of such recessed area is not less than 15 feet at any point as measured from the base flood elevation ;

(2)        to allow for corner articulation, the street wall may be located anywhere within an area bounded by intersecting street lines and lines 15 feet from and parallel to such street lines ; and

(3)        to allow for portions of towers to rise without setback from grade, a portion of a building base below a tower may be set back 10 feet from a street line, provided the width of such setback area is not greater than 40 percent of the width of the street wall of the tower and provided such setback area complies with the provisions of Section 131-47 (Design Requirements for Ground Level Setbacks).  

(b)        Building base

The street wall of a building base fronting on Surf Avenue shall rise without setback to a minimum height of six stories or 65 feet, or the height of the building, whichever is less, and a maximum height of eight stories or 85 feet, whichever is less, before a setback is required. However, on the portion of the block bounded by Stillwell Avenue and West 15th Street, for buildings that exceed a height of 85 feet, all street walls of such building fronting on Surf Avenue shall rise without setback to a height of 85 feet.

Above the level of the second story, up to 30 percent of the aggregate width of street walls may be recessed, provided no recesses are located within 15 feet of an adjacent building or within 30 feet of the intersection of two street lines, except where corner articulation is provided, as set forth in paragraph (a)(2) of this Section.

All portions of a building or other structure that exceed a height of 85 feet shall be set back from the street line at least 10 feet, and shall comply with the tower provisions of Section 131-444 (Coney North Towers).

(c)        Transition height

Above the maximum base height, a street wall may rise to a maximum transition height of nine stories or 95 feet, whichever is less, provided that such street walls are set back a minimum distance of 10 feet from the Surf Avenue street line. All portions of buildings or other structures that exceed a transition height of 95 feet shall comply with the tower provisions of Section 131-444 (Coney North Subdistrict towers).

The following regulations shall apply along all other streets in the Coney North Subdistrict, other than Stillwell Avenue.

(a)        Street wall location

The street wall of a building base, or portion thereof, beyond 50 feet of Surf Avenue, shall be located within eight feet of the street line except that, to allow portions of towers to rise without setback from grade, a portion of a building base below a tower may be recessed 10 feet from the street line, provided the width of such recess area is not greater than 40 percent of the width of the street wall of the tower.

The entire area of the zoning lot between the street line 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.

(b)        Building base

The street wall of a building base, or portion thereof, located beyond 100 feet of Surf Avenue, shall rise without setback to a minimum height of 40 feet, or the height of the building, whichever is less, and a maximum height of six stories or 65 feet, whichever is less. Up to 30 percent of the aggregate width of street walls may be recessed for outer courts or balconies, provided no recesses are located within 15 feet of an adjacent building or within 30 feet of the intersection of two street lines, and provided the maximum depth of such recesses is 15 feet, as measured from the street line.

All portions of a building or other structure that exceed a height of 65 feet shall be set back from the street wall of the building at least 10 feet, except such setback distance may include the depth of any permitted recesses.

(c)        Transition height

In all portions of blocks located beyond 100 feet of Surf Avenue, a street wall may rise above the maximum base height to a maximum transition height of eight stories or 85 feet, whichever is less, provided that such street walls are set back a minimum distance of 10 feet from the street line. All portions of buildings or other structures that exceed a transition height of 85 feet shall comply with the tower provisions of Section 131-444 (Coney North Subdistrict towers).

Within 100 feet of Mermaid Avenue and within 100 feet of Stillwell Avenue, except within 100 feet of Surf Avenue, all portions of a building or other structure shall comply with the height and setback regulations of a C2 District mapped within an R7A District, except that the street wall of a building shall be located on the street line and rise without setback to a minimum height of 40 feet or the height of the building, whichever is less, except that:

(a)        ground floor level recesses up to three feet deep shall be permitted for access to building entrances. However, for building entrances providing direct access to the lowest story located above the base flood elevation, such recesses shall be permitted to have a depth of up to 10 feet provided the width of such recess does not exceed 20 feet and the height of such recessed area is not less than 15 feet at any point as measured from the base flood elevation ;

(b)        to allow for corner articulation, the street wall may be located anywhere within an area bounded by intersecting street lines and lines 15 feet from and parallel to such street lines ; and

(c)        above the level of the second story, up to 30 percent of the aggregate width of street walls may be recessed, provided no recesses are located within 15 feet of an adjacent building or within 30 feet of the intersection of two street lines, except where corner articulation is provided as set forth in paragraph (b) of this Section.

All stories of a building or portions of other structures located partially or wholly above a height of 85 feet within 175 feet of Surf Avenue and above a height of 65 feet beyond 175 feet of Surf Avenue shall be considered a "tower" and shall comply with the provisions of this Section.

(a)        Maximum floorplate

Each story of a tower shall not exceed a gross area of 8,500 square feet.

(b)        Maximum length and height

On blocks bounding Surf Avenue, the maximum height of a building or other structure shall be 220 feet and beyond 175 feet of Surf Avenue the maximum height of a building or other structure shall be 170 feet. Furthermore, the outermost walls of all tower stories shall be inscribed within a rectangle and no side of such rectangle shall exceed a length of 165 feet.

Where affordable housing is provided pursuant to Section 131-321 (Special floor area regulations for residential uses), the maximum height of a building shall be increased to 270 feet, provided that either:

(1)        the outermost wall of all tower stories are inscribed within a rectangle, where no side of such rectangle shall exceed a length of 100 feet; or

(2)        the outermost wall of all tower stories, below a height of 120 feet, are inscribed within a rectangle, where no side of such rectangle shall exceed a length of 130 feet, and above such height, no side of such rectangle shall exceed a length of 100 feet. In addition, above a height of 120 feet, the maximum floorplate shall be 80 percent of the story immediately below such height or 6,800 square feet, whichever is greater. 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 five feet and a width that, individually or in the aggregate, is equal to at least 10 percent of the width of each respective tower face.

All buildings that exceed a height of 170 feet shall provide articulation in accordance with Section 131-46 (Tower Top Articulation).

(c)        Tower location

Towers shall be located within 25 feet of Surf Avenue and entirely within 100 feet of an intersecting street. No more than one tower shall be permitted on any zoning lot, except that where affordable housing is provided pursuant to Sections 23-90 and 131-321, a second tower shall be permitted anywhere on the zoning lot where such tower is entirely beyond 175 feet of Surf Avenue and 10 feet from any other street. All towers shall be located at least 10 feet from a side lot line.

All portions of a building or other structure shall comply with the height and setback regulations of a C2 District mapped within an R7A District, except that on Mermaid Avenue, and on intersecting streets within 50 feet of Mermaid Avenue, the street wall of a building shall be located on the street line and rise without setback to a minimum base height of 40 feet or the height of the building, whichever is less, except that:

(a)        ground floor level recesses up to three feet deep shall be permitted for access to building entrances. However, for building entrances providing direct access to the lowest story located above the base flood elevation, such recesses shall be permitted to have a depth of up to 10 feet, provided the width of such recess does not exceed 20 feet and the height of such recessed area is not less than 15 feet at any point as measured from the base flood elevation ;

(b)        to allow for corner articulation, the street wall may be located anywhere within an area bounded by intersecting street lines and lines 15 feet from and parallel to such street lines ; and

(c)        above the level of the second story, up to 30 percent of the aggregate width of street walls may be recessed, provided no recesses are located within 15 feet of an adjacent building or within 30 feet of the intersection of two street lines, except where corner articulation is provided as set forth in paragraph (b) of this Section.

All buildings that exceed a height of 170 feet shall provide articulation in accordance with at least one of following provisions:

(a)        Setbacks on each tower face

The highest three stories, or as many stories as are located entirely above a height of 170 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), 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)        Three setbacks

Setbacks shall be provided at the level of three different stories, or as many stories as are located entirely above a height of 170 feet, whichever is less. Such setbacks shall be located on either the north-facing or south-facing side of the building, but not both. Such setbacks shall have a minimum depth of 15 feet measured, as applicable, from the north-facing or south-facing wall of the story immediately below. For towers with at least six stories located entirely above a height of 170 feet, the lowest level at which such setbacks may be provided is 170 feet, and the highest story, therefore, shall be located entirely within the northern or southern half of the tower, as applicable.

(c)        Reverse setbacks

A minimum of 15 percent of the area of the plane surface of street walls enclosing floor area of the tower and a maximum of 50 percent of the area of the plane surface of the street walls enclosing floor area of the tower shall project at least 18 inches but not more than five feet from the remaining plane surface of the street walls enclosing any floor area of the tower. No projections, including balconies, shall be permitted from the lowest two stories of the tower.

Wherever a building base below a tower is set back from the street line, and the building walls bounding such setback area are occupied by non-residential uses, such setback area shall comply with the provisions of this Section. Where two such setback areas adjoin one another at the intersection of two streets, the combined area of such spaces shall determine the applicability of such provisions.

(a)        Minimum and maximum areas

No such setback area shall be less than 240 square feet nor greater than 1,000 square feet.

(b)        Pavement

The setback area shall be paved with materials distinctive from the adjoining public sidewalk.

(c)        Wall treatments

All ground floor level building walls bounding such setback area not otherwise subject to the transparency requirements of Section 131-15, shall comply with the provisions of either paragraphs (c)(1) or (c)(2) of this Section.

(1)        If such building wall is a street wall wider than 10 feet, such street wall shall comply with the provisions of Section 131-15.

(2)        All other building walls shall comply with one of the following provisions:

(i)        such building walls shall be glazed with transparent materials in accordance with the transparency provisions of Section 37-34 (Minimum Transparency Requirements), except that such transparency shall be measured from the level of the adjoining sidewalk, public access area or base plane, whichever is higher; or

(ii)        such building walls shall be articulated with artwork or landscaping to a height of at least 10 feet.

(d)        Building entrances

A public entrance to a building shall front upon such setback area. No ramps shall be permitted within the setback area.

(e)        Landscaping

A minimum of 20 percent of such setback area shall be planted with, at a minimum, evergreen ground cover or shrubs in planting beds, with a minimum of six inches in height and a maximum height of four feet. Such planting beds may not occupy more than 50 percent of the width of the setback area, as measured along the street line.

(f)        Additional amenities

For setback areas of 500 square feet or more, there shall be the following additional amenities:

(1)        an additional public entrance to the building that fronts upon such setback area; and

(2)        a minimum of one linear feet of seating for every 20 square feet of setback area shall be provided. At least 40 percent of such seating shall be fixed, of which at least half shall have backs with a minimum height of 14 inches. All fixed seating shall have a minimum depth of 18 inches and a maximum depth of 24 inches, and a minimum seat height of 16 inches and a maximum seat height of 20 inches. At least 50 percent of required seating shall be moveable chairs.

The provisions of Section 33-03 (Street Tree Planting in Commercial Districts) shall not apply in the Coney East Subdistrict.

The City Planning Commission may authorize modifications of the street wall location provisions of this Chapter to allow exterior ramps for access from the public sidewalk to the lowest story above the base flood elevation provided the Commission finds that the design of such ramps:

(a)        maximizes visibility of interior ground floor space within the building from the public sidewalk;

(b)        incorporates amenities such as seating and planting as the Commission may find appropriate; and

(c)        relates harmoniously with the design and materials of the adjacent building and the surrounding streetscape.

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

The special provisions of this Section shall apply to all off-street parking spaces and loading facilities within the Special Coney Island District.

(a)        Residential and community facility parking

The underlying regulations shall apply, except that the number of accessory off-street parking spaces required pursuant to Section 36-33 (Requirements Where Group Parking Facilities Are Provided) shall be modified to require off-street parking spaces for at least 60 percent of dwelling units or rooming units developed, under single ownership or control, where group parking facilities are provided.

(b)        Commercial parking

The underlying regulations shall apply, except that:

(1)        For Use Group A uses

One off-street parking space shall be provided for every 2,000 square feet of floor area or lot area for open uses, except that for a water park, two off-street parking spaces per 1,000 square feet of floor area shall be provided.

(2)        For transient hotels

One off-street parking space shall be provided for every six guest rooms or suites.

(c)        Public parking facilities

In accordance with the provisions of Section 131-043 (Applicability of Article VII, Chapter 4), public parking lots shall not be permitted, and public parking garages of any size shall be permitted as-of-right, provided such garages comply with the provisions of Section 131-52 (Use and Location of Parking Facilities).

The following provisions shall apply to all parking facilities:

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

(b)        The off-site parking space provisions of Sections 36-42 and 36-43 shall not apply. In lieu thereof, all permitted or required off-street parking spaces may be provided on a zoning lot other than the same zoning lot to which such spaces are accessory, provided that:

(1)        In the Coney East Subdistrict, such spaces are located anywhere within an area bounded on the east by Ocean Parkway, on the south by Riegelmann Boardwalk, on the west by West 27th Street and on the north by Coney Island Creek and the Belt Parkway, in accordance with all applicable underlying parking regulations.

(2)        In the Coney West Subdistrict, such parking spaces accessory to the following sets of parcels, as shown on Map 1 in the Appendix to this Chapter, shall be located anywhere on such sets of parcels:

Parcels A and B

Parcels C and D

Parcels E and F.

(3)        In the Coney North and Mermaid Avenue Subdistricts, such spaces shall be located anywhere on the same block.

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

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

(2)        wrapped by floor area or screened in accordance with the provisions of Section 37-35 (Parking Wrap and Screening Requirements). For the purpose of applying such provisions, Surf Avenue, Stillwell Avenue, Ocean Way, Parachute Way and Riegelmann Boardwalk shall be considered designated retail streets, and the wrapping provisions of paragraph (a) of Section 37-35 shall apply to such street frontages at all levels above grade. All such parking facilities shall be exempt from the definition of floor area.

(d)        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 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 60 percent of such roof area.

No curb cuts shall be permitted on Surf Avenue, Wonder Wheel Way or Bowery except on a zoning lot with no frontage on any other street. The curb cut provisions of paragraph (c) of Section 36-58 shall apply.

The special permit set forth in this Section is established to allow outdoor entertainment uses on a limited-term basis in a unique beachfront location within the Special Coney Island District. The development of such uses on a temporary basis pursuant to this special permit provides for the opportunity for a valuable public amenity to exist within an area that, while approved for future residential development pursuant to the Special Coney Island District plan, is currently underutilized and does not exhibit the characteristics of a well-developed residential neighborhood. Any special permit granted under this Section shall be subject to a term of years, in order to ensure that such uses are consistent with, and do not impede, the goal of long-term revitalization of the surrounding area, pursuant to the Special Coney Island District plan.

In the Coney West Subdistrict, for Parcels B and G, the City Planning Commission may approve, by special permit, open-air auditoriums with greater than 2,000 seats, for a term no greater than 10 years from the date a certificate of occupancy, including a temporary certificate of occupancy, has been issued, provided that the proposed auditorium meets the conditions of paragraph (a) and the findings of paragraph (b) of this Section, in addition to the sign provisions of paragraph (c) and parking provisions of paragraph (d) of this Section.

For any application for such special permit, the applicant shall provide plans to the Commission including, but not limited to, a site plan, signage plan, parking and loading plan, lighting plan and an operations plan (the "Proposed Plans").

(a)        The Commission may permit open-air auditoriums with a maximum of 5,100 seats, provided the Proposed Plans demonstrate that:

(1)        at all times when Riegelmann Boardwalk is open to the public, all publicly accessible space, as shown on the Proposed Plans, will remain accessible to the public, except that access may be restricted as necessary during scheduled events, for the setup and takedown for such events, and in connection with maintenance activities. Any barriers erected for the purpose of restricting access or visibility during such events shall be completely removed at all other times;

(2)        the height of all structures, temporary or fixed, does not exceed 70 feet in height, as measured from the level of Riegelmann Boardwalk;

(3)        any roof or structural canopy above the open-air auditorium seating area will be removed prior to the month of November and shall remain removed during the entire off-season period between November through April, as well as in advance of severe weather events;

(4)        the signage plan and parking and loading plan comply with the provisions of paragraphs (c) and (d) of this Section, respectively; and

(5)        the City and applicant will enter into an agreement under which Parcel G will be returned to the City as of the expiration of the term of the special permit in a condition set forth in such agreement appropriate for use as a public park.

(b)        In granting such permit, the Commission shall find that:

(1)        such open-air auditorium will not unduly impair the essential character or the future use or development of the surrounding area, pursuant to the goals and objectives of the Special Coney Island District plan;

(2)        the outdoor lighting for such open-air auditorium is located and arranged so as to minimize any negative effects on nearby residences and community facilities, and that the Proposed Plans include noise attenuation features and measures which serve to reduce the effect of noise from the open-air auditorium on the surrounding area, including nearby residences and community facilities ;

(3)        the construction of a stage as part of any building on Parcel B, for the purpose of accommodating an open-air auditorium use, will:

(i)        enable the stage area to be closed to the outdoor portion of the open-air auditorium during the off-season when the open-air auditorium is not in use, so as to be operated for indoor entertainment uses with an eating and drinking establishment or other use permitted on Parcel B; and

(ii)        allow for such building to be operated, subsequent to the expiration of the special permit, for uses permitted on Parcel B, such as eating or drinking establishments with entertainment;

(4)        appropriate visual and pedestrian connections are maintained in the general area of the former street bed from the termination of West 22st Street to Riegelmann Boardwalk;

(5)        the portions of the site not dedicated to the stage area or event seating are so designed to serve as a full time park-like resource for the public, and the portions of the site designed for open-air auditorium use serve as a high-quality open space resource when not in auditorium use;

(6)        any roof or structural canopy above the open-air auditorium seating area will be visually unobtrusive, and maximize openness and visibility between the site and Riegelmann Boardwalk;

(7)        the operations plan, which shall include a protocol for queuing for concertgoers, demonstrates that there would be no interference with the public use and enjoyment of adjacent public facilities; and

(8)        the site plan, signage plan and lighting plan incorporate good design, effectively integrate the site with surrounding streets and Riegelmann Boardwalk, and are consistent with the purposes of the Special Coney Island District.

(c)        The Commission may, through approval of the Proposed Plans, permit signs notwithstanding the applicable sign regulations, except that flashing signs shall not be permitted and only advertising signs that are oriented toward the interior of the open-air auditorium and not visible from Riegelmann Boardwalk or other public area shall be permitted.

In order to permit such signs, the Commission shall find that proposed signage is appropriate in connection with the permitted open-air auditorium use, is not unduly concentrated within one portion of the site, and will not negatively affect the surrounding area.

(d)        The Commission may, through approval of the Proposed Plans, reduce or waive required parking or loading requirements, provided the Commission finds that the open-air auditorium will be adequately served by a combination of surrounding public parking facilities and mass transit. In addition, the Commission shall find that the proposed loading facilities on the site are located so as not to adversely affect the movement of pedestrians or vehicles on the streets surrounding the auditorium.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area. Such conditions and safeguards may include, but are not limited to, restrictions on signage or requirements for soundproofing of auditoriums, shielding of floodlights or screening of open uses.

Upon the first issuance of this permit for an open-air auditorium, the effective period of the permit shall be 10 years from the date a certificate of occupancy, including a temporary certificate of occupancy, has been issued. To establish the term of years for subsequent applications for this special permit, the Commission shall, in determining whether the finding of paragraph (b)(1) of this Section is met, take into account the existing character of the surrounding area, as well as residential and community facility development proposed or under construction on surrounding blocks, and shall also consider whether continuation of such auditorium use within a proposed term of years would be compatible with or may hinder achievement of the goals and objectives of the Special Coney Island District plan. Subsequent applications for this special permit shall be filed no later than one year prior to expiration of the term of the permit then in effect.

Map 1 - Special Coney Island District and Subdistricts

Map 2 - Mandatory Ground Floor Use Requirements

Map 3 - Coney East Subdistrict Floor Area Ratios

Map 4 - Street Wall Location

Map 5 - Minimum and Maximum Base Heights

Map 6 - Coney West Subdistrict Transition Heights

The "Special Enhanced Commercial District," established in this Resolution, is designed to promote and protect public health, safety and general welfare. These general goals include, among others, the promotion and maintenance of a lively and engaging pedestrian experience along commercial avenues and the following specific purposes:

(a)        in "Special Enhanced Commercial District" 1, to enhance the vitality of emerging commercial districts ensuring that a majority of the ground floor space within buildings is occupied by commercial establishments that enliven the pedestrian experience along the street;

(b)        in "Special Enhanced Commercial District" 2, to enhance the vitality of well-established commercial districts by ensuring that ground floor frontages continue to reflect the multi-store character that defines such commercial blocks;

(c)        in "Special Enhanced Commercial District" 3, to enhance the vitality of well-established commercial districts by limiting the ground floor presence of inactive street wall frontages;

(d)        in "Special Enhanced Commercial District" 4, to enhance the vitality of commercial districts by limiting the ground floor presence of inactive street wall frontages;

(e)        in "Special Enhanced Commercial District" 5, to enhance the vitality of emerging commercial districts by limiting the ground floor presence of inactive street wall frontages;

(f)        in "Special Enhanced Commercial District" 6, to enhance the vitality of well-established commercial districts by ensuring that ground floor frontages continue to be occupied by active uses that enliven the pedestrian experience along the street; and

(g)        to promote the most desirable use of land in the area and thus preserve, protect and enhance the value of land and buildings and thereby protect City tax revenues.

The provisions of this Chapter shall apply to all buildings with street frontage along a designated commercial street.

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 Special Enhanced Commercial District is mapped in the following areas:

(a)        Special Enhanced Commercial District 1

The Special Enhanced Commercial District 1 (EC-1) is established on November 29, 2011, on the following designated commercial streets as indicated on zoning maps 16c and 16d:

(1)        Fourth Avenue, in the Borough of Brooklyn, generally between 24th Street and Atlantic Avenue.

(b)        Special Enhanced Commercial District 2

The Special Enhanced Commercial District 2 (EC-2) is established on June 28, 2012, on the following designated commercial streets as indicated on zoning maps 5d and 8c:

(1)        Amsterdam Avenue, in the Borough of Manhattan, generally between West 73rd and West 110th Streets; and

(2)        Columbus Avenue, in the Borough of Manhattan, generally between West 72nd and West 87th Streets.

(c)        Special Enhanced Commercial District 3

The Special Enhanced Commercial District 3 (EC-3) is established on June 28, 2012, the following designated commercial streets as indicated on zoning maps 5d and 8c:

(1)        Broadway, in the Borough of Manhattan, generally between West 72nd and West 110th Streets.

(d)        Special Enhanced Commercial District 4

The Special Enhanced Commercial District 4 (EC-4) is established on October 11, 2012, the following designated commercial streets as indicated on zoning maps 13b and 17a:

(1)        Broadway, in the Borough of Brooklyn, on the south side of the street generally between Sumner Place and Monroe Street.

(e)        Special Enhanced Commercial District 5

The Special Enhanced Commercial District 5 (EC-5) is established on April 20, 2016, on the following designated commercial streets as indicated on zoning map 17c:

(1)        Atlantic Avenue, in the Borough of Brooklyn, generally between Sheffield Avenue and Euclid Avenue;

(2)        Pitkin Avenue, in the Borough of Brooklyn, generally between Sheffield Avenue and Crescent Avenue;

(3)        Fulton Street, in the Borough of Brooklyn, generally between Eastern Parkway and Van Sinderen Avenue; and

(4)        Pennsylvania Avenue, in the Borough of Brooklyn, generally between Fulton Street and Atlantic Avenue.

(f)        Special Enhanced Commercial District 6

The Special Enhanced Commercial District 6 (EC-6) is established on April 20, 2016, on the following designated commercial streets as indicated on zoning map 17c:

(1)        Fulton Street, in the Borough of Brooklyn, between Sheffield Avenue and Euclid Avenue.

Ground floor level

For the purposes of this Chapter, "ground floor level" shall mean a building's lowest story located within 30 feet of the building's street wall along a designated commercial street.

Designated commercial street

For the purposes of this Chapter, a "designated commercial street" shall be the portion of those streets specified in Section 132-11.

The special use, transparency, street wall and parking regulations of this Chapter shall apply to buildings in Special Enhanced Commercial Districts as designated in the following table, except as otherwise provided in Sections 132-21, 132-31 and 132-41.

SPECIAL REGULATIONS FOR ENHANCED COMMERCIAL DISTRICTS

Special Enhanced Commercial District

Mandatory Ground Floor Use Regulations

Minimum Percentage of Commercial Uses (132-22(a))

Mandatory Non-Residential Uses (132-22(b))

Other Permitted Uses (132-22(c))

Minimum Number of Establishments (132-23)

EC — 1 (Fourth Avenue, Brooklyn)

x

x

EC — 2 (Columbus & Amsterdam Avenues, Manhattan)

x

EC — 3 (Broadway, Manhattan)

EC — 4 (Broadway, Brooklyn)

x

x

EC — 5 (Atlantic Avenue, Pitkin Avenue, Pennsylvania Avenue and Fulton Street, Brooklyn)

x

x

EC — 6 (Fulton Street, Brooklyn)

x

x

Special Enhanced Commercial District

Supplemental Ground Floor Use Regulations

Banks and Loan Offices (132-24(a))

Other Non-Residential Establishments (132-24(b))

Ground Floor Lobbies (37-33(a)(1))

Ground Floor Transparency (132-32)

EC — 1 (Fourth Avenue, Brooklyn)

x

x

EC — 2 (Columbus & Amsterdam Avenues, Manhattan)

x

x

x

x

EC — 3 (Broadway, Manhattan)

x

x

x

EC — 4 (Broadway, Brooklyn)

x

x

EC — 5 (Atlantic Avenue, Pitkin Avenue, Pennsylvania Avenue and Fulton Street Brooklyn)

x

x

EC — 6 (Fulton Street, Brooklyn)

x

x

Special Enhanced Commercial District

Street Wall Location (132-33)

Parking Regulations

Location of Parking Spaces (132-42)

Curb Cuts (132-43)

EC — 1 (Fourth Avenue, Brooklyn)

x

x

EC — 2 (Columbus and Amsterdam Avenues, Manhattan)

EC — 3 (Broadway, Manhattan)

EC — 4 (Broadway, Brooklyn)

x

x

EC — 5 (Atlantic Avenue, Pitkin Avenue, Pennsylvania Avenue and Fulton Street, Brooklyn)

x

x

EC — 6 (Fulton Street, Brooklyn)

x

x

x

The special use regulations of this Section, inclusive, shall apply to buildings in the Special Enhanced Commercial Districts designated in Section 132-13 (Applicability of Special Use, Transparency, Street Wall and Parking Regulations), except as otherwise provided in Section 132-21 (Applicability of Use Regulations).

In all Special Enhanced Commercial Districts:

(a)        the finished floor of the ground floor level, for developments or ground floor level enlargements, shall be located not higher than two feet above, nor lower than two feet below, the as-built level of the adjacent sidewalk along a designated commercial street; and

(b)        where regulations apply to existing buildings in Special Enhanced Commercial Districts 2 and 3, constructed prior to June 28, 2012, the finished floor of the ground floor level shall be located not higher than five feet above, nor lower than five feet below, the as-built level of the adjacent sidewalk along a designated commercial street.

In Special Enhanced Commercial Districts, the applicable special use provisions set forth in Section 132-13 (Applicability of Special Use, Transparency, Street Wall and Parking Regulations) shall apply as follows:

(a)        Special Enhanced Commercial Districts 1, 4, 5 and 6

In the Commercial Districts located within Special Enhanced Commercial Districts 1, 4, 5 and 6, the applicable special use provisions indicated in the table in Section 132-13 shall apply to developments and to buildings enlarged on the ground floor level, where such ground floor level fronts upon a designated commercial street, except that such provisions shall not apply to zoning lots with a width of less than 20 feet, as measured along the street line of the designated commercial street, provided such zoning lot existed on:

(1)        November 29, 2011, in Special Enhanced Commercial District 1;

(2)        October 11, 2012, in Special Enhanced Commercial District 4;

(3)        April 20, 2016, in Special Enhanced Commercial District 5; and

(4)        April 20, 2016, in Special Enhanced Commercial District 6.

(b)        Special Enhanced Commercial Districts 2 and 3

In Special Enhanced Commercial Districts 2 and 3, the applicable special use provisions indicated in the table in Section 132-13 shall apply to all buildings with frontage along a designated commercial street, except that such provisions shall not apply to:

(1)        the portion of a ground floor level of a building containing a commercial use continuously existing since June 28, 2012, where the average depth of such commercial use is less than 30 feet, as measured from the street wall of the building fronting upon the designated commercial street;

(2)        any establishment which has been lawfully issued a building permit on or before June 28, 2012, authorizing "other construction," as set forth in paragraph (c)(3) of Section 11-31 (General Provisions), that would create a street wall width exceeding the maximum street wall width set forth in Section 132-24, provided that such "other construction" is completed by December 28, 2012. However, where such establishment is located within a landmark building or within an Historic District designated by the Landmarks Preservation Commission, and a completed application has been filed at the Landmarks Preservation Commission on or before June 28, 2012, such "other construction" shall be completed within six months after a Certificate of Appropriateness or other permit approving the building design was obtained from the Landmarks Preservation Commission.

In the event that such "other construction" has been commenced but not completed before the applicable date set forth in this paragraph (b)(2), the building permit shall automatically lapse and the right to continue construction shall terminate. An application to renew the building permit may be made to the Board of Standards and Appeals not more than 30 days after the lapse of such building permit. The Board may renew the building permit pursuant to the provisions set forth in paragraph (b) of Section 11-332 (Extension of period to complete construction); and

(3)        in Special Enhanced Commercial District 2, the portion of a ground floor level of a building containing a food store, as listed in Use Group 6A, where at least 6,000 square feet of floor area, or cellar space utilized for retailing, is utilized for the sale of a general line of food and non-food grocery products, such as dairy, canned and frozen foods, fresh fruits and vegetables, fresh and prepared meats, fish and poultry, intended for home preparation, consumption and utilization. Such retail space utilized for the sale of a general line of food and non food grocery products shall be distributed as follows:

(i)        at least 3,000 square feet or 50 percent of such retail space, whichever is greater, shall be utilized for the sale of a general line of food products intended for home preparation, consumption and utilization; and

(ii)        at least 2,000 square feet or 30 percent of such retail space, whichever is greater, shall be utilized for the sale of perishable goods that shall include dairy, fresh produce, frozen foods and fresh meats, of which at least 500 square feet of such retail space shall be designated for the sale of fresh produce.

In Special Enhanced Commercial Districts 2 and 3, the regulations of Article V, Chapter 2, shall be modified, as follows:

(a)        For the purposes of this Chapter, non-conforming uses shall include ground floor level uses exceeding the applicable maximum street wall widths set forth in Section 132-24.

(b)        Any ground floor level use with a non-conforming street wall width may be continued or changed to another use permitted by the applicable district regulations, provided that such change of use does not create a new non-conformance or increase the degree of non-conformance with regard to the permitted street wall width of such proposed use. The discontinuance provisions of Section 52-60 shall not apply to such change of use within establishments with non-conforming street wall widths.

In the applicable Special Enhanced Commercial Districts indicated in the table in Section 132-13 (Applicability of Special Use, Transparency, Street Wall and Parking Regulations), the following provisions shall apply to the ground floor level street walls of buildings fronting along a designated commercial street. For buildings fronting along multiple streets, the required percentage of ground floor level street wall allocated to certain uses, as set forth in this Section, shall apply only to the portion of the building's ground floor level fronting upon a designated commercial street.

(a)        Minimum percentage of commercial uses

Mandatory commercial use regulations shall apply to an area of a building's ground floor level defined by an aggregate width equal to at least 50 percent of a building's street wall along a designated commercial street and a depth equal to at least 30 feet, as measured from the street wall along the designated commercial street. Such an area on the ground floor level shall be occupied by commercial uses listed in Use Groups 5, 6A, 6C excluding banks and loan offices, 7B, 8A, 8B or 9A.

The remaining portion of the ground floor level shall be occupied by any non-residential use permitted by the underlying district regulations, or by other uses permitted pursuant to paragraph (c) of this Section.

(b)        Mandatory non-residential uses

In the applicable Special Enhanced Commercial Districts, the ground floor level of a building fronting along a designated commercial street shall be occupied by any non-residential use permitted by the underlying district regulations or by other uses permitted pursuant to paragraph (c) of this Section.

(c)        Other permitted uses

In the applicable Special Enhanced Commercial Districts, Type 1 lobbies, entrances and exits to accessory parking facilities and entryways to subway stations, where applicable, shall be permitted on the ground floor level of a building along a designated commercial street, in accordance with the provisions of Section 37-33 (Maximum Width of Certain Uses).

In the applicable Special Enhanced Commercial Districts indicated in the table in Section 132-13 (Applicability of Special Use, Transparency, Street Wall and Parking Regulations), the following provisions shall apply to the ground floor level of all buildings with street frontage along a designated commercial street.

For zoning lots with a lot width of 50 feet or more, as measured along the street line of the designated commercial street, a minimum of two non-residential establishments shall be required for every 50 feet of street frontage. In addition, each such ground floor level establishment shall comply with the minimum depth requirements of Section 37-32 (Ground Floor Depth Requirements for Certain Uses).

In the applicable Special Enhanced Commercial Districts indicated in the table in Section 132-13 (Applicability of Special Use, Transparency, Street Wall and Parking Regulations), the following provisions shall apply to the ground floor level of all buildings with street frontage along a designated commercial street.

(a)        Banks and loan offices

In the applicable Special Enhanced Commercial Districts, within 30 feet of a building's street wall along a designated street, the maximum street wall width of a bank or loan office, as listed in Use Group 6C, on a ground floor level shall not exceed 25 feet.

(b)        Other non-residential establishments

In the applicable Special Enhanced Commercial Districts, the maximum street wall width of any non-residential ground floor level establishment, other than a bank or loan office, shall not exceed 40 feet, as measured along the street line of a designated commercial street.

The special transparency regulations of this Section, inclusive, shall apply to buildings in the Special Enhanced Commercial Districts indicated in the table in Section 132-13 (Applicability of Special Use, Transparency, Street Wall and Parking Regulations), except as otherwise provided in Section 132-31.

In Special Enhanced Commercial Districts, the special transparency provisions indicated in the table in Section 132-13 (Applicability of Special Use, Transparency, Street Wall and Parking Regulations) shall apply to developments and to buildings enlarged on the ground floor level, where such ground floor level fronts on a designated commercial street, except that such provisions shall not apply:

(a)        to zoning lots in Commercial Districts with a width of less than 20 feet, as measured along the street line of a designated commercial street, provided such zoning lots existed on:

(1)        November 29, 2011, for Special Enhanced Commercial District 1;

(2)        June 28, 2012, for Special Enhanced Commercial Districts 2 and 3;

(3)        October 11, 2012, for Special Enhanced Commercial District 4; and

(4)        April 20, 2016, for Special Enhanced Commercial Districts 5 and 6;

(b)        in Special Enhanced Commercial Districts 1, 4, 5 and 6, to buildings in Residence Districts where the ground floor level contains dwelling units.

In the applicable Special Enhanced Commercial Districts, as indicated in the table in Section 132-13 (Applicability of Special Use, Transparency, Street Wall and Parking Regulations), the special transparency regulations of Section 37-34 (Minimum Transparency Requirements) shall apply to the ground floor level street walls of buildings fronting along a designated commercial street.

However, in Special Enhanced Commercial Districts 5 and 6, for buildings containing Use Groups 16, 17 and 18 at the ground floor level, up to 50 percent of the length of a street wall may be exempt from such regulations. Where the exempted portion is 50 feet or more in length and contains no transparent element between curb level and 12 feet above curb level or the ceiling of the ground floor, whichever is less, such exempted portion shall be covered with vines or similar planting or contain artwork or be treated so as to provide visual relief. Plantings shall be planted in soil having a depth of not less than 2 feet, 6 inches, and a minimum width of 24 inches. Where an extension or a conversion of the ground floor level results in a reduction of the exempted portion, provisions set forth in Section 37-34 shall apply to such reduced portion.

In the applicable Special Enhanced Commercial Districts indicated in the table in Section 132-13 (Applicability of Special Use, Transparency, Street Wall and Parking Regulations), the following provisions shall apply to a street wall or its prolongation fronting along a designated commercial street. The open area between the street line and street wall, or its prolongation, resulting from requirements set forth in this Section, shall be improved to Department of Transportation standards for sidewalks, be at the same level as the adjoining public sidewalk and be accessible to the public at all times. When applying requirements set forth in this Section, two or more adjacent developments or enlargements under common ownership or control shall be considered a single development or enlargement.

In Commercial and Manufacturing Districts, other than C4-4L Districts, mapped within Special Enhanced Commercial District 6, for developments or horizontal enlargements at the ground level, resulting in a street wall of 40 feet or wider, as measured along the street line of the designated commercial street, a sidewalk widening of five feet shall be provided along such street wall and its prolongation. A line parallel to and five feet from the street line of such street, as measured within the zoning lot, shall be considered the street line for the purpose of applying any applicable street wall provision.

The special parking regulations of this Section, inclusive, shall apply to all buildings in the Special Enhanced Commercial Districts indicated in the table in Section 132-13 (Applicability of Special Use, Transparency, Street Wall and Parking Regulations).

In Special Enhanced Commercial Districts, the applicable special parking provisions indicated in the table in Section 132-13 (Applicability of Special Use, Transparency, Street Wall and Parking Regulations) shall apply to all buildings with frontage along a designated commercial street.

In the applicable Special Enhanced Commercial Districts, as indicated in the table in Section 132-13 (Applicability of Special Use, Transparency, Street Wall and Parking Regulations), the following provisions shall apply to the ground floor of all buildings with street frontage along a designated commercial street.

All off-street parking spaces shall be located within a completely enclosed building and shall be wrapped by floor area or screened in accordance with the provisions of Section 37-35 (Parking Wrap and Screening Requirements), as applicable.

Entrances to such spaces along a designated commercial street shall be permitted only where a curb cut is allowed in accordance with the provisions of Section 132-43.

In the applicable Special Enhanced Commercial Districts, as indicated in the table in Section 132-13 (Applicability of Special Use, Transparency, Street Wall and Parking Regulations), the following provisions shall apply to the ground floor of all buildings with street frontage along a designated commercial street.

For zoning lots with frontage along a designated commercial street and another street, curb cuts accessing off-street parking spaces shall not be permitted along a designated commercial street.

Curb cuts accessing off-street parking spaces shall be permitted on a designated commercial street only where such curb cut is located on a zoning lot that:

(a)        is an interior lot fronting along a designated commercial street;

(b)        existed on:

(1)        November 29, 2011, in Special Enhanced Commercial District 1;

(2)        October 11, 2012, in Special Enhanced Commercial District 4;

(3)        April 20, 2016, in Special Enhanced Commercial District 5; or

(4)        April 20, 2016, in Special Enhanced Commercial District 6;

(c)        has a width of at least 60 feet, as measured along the street line of the designated commercial street; and

(d)        has a lot area of at least 5,700 square feet.

In Special Enhanced Commercial District 2, an establishment may extend, thereby exceeding the maximum street wall width for non-residential establishments set forth in paragraph (b) of Section 132-24, and may reduce the number of establishments required pursuant to 132-23 upon certification by the Chairperson of the City Planning Commission to the Department of Buildings that:

(a)        the proposed establishment does not exceed a maximum street wall width of 60 feet; and

(b)        the applicant has submitted an affidavit attesting to and including information that:

(1)        at the time of application for extension, the use has existed within such building for a period of one year; and

(2)        such existing establishment cannot extend without increasing the street wall width for such establishment because of:

(i)        physical restrictions created by the building design, including, but not limited to, the location of existing structural walls and vertical circulation cores;

(ii)        the presence of other uses with ongoing or expected occupancy within such building; or

(iii)        regulatory limitations; and

(c)        the applicant has demonstrated that at the time of application not more than one non-residential establishment, either existing, or with an approved certification or authorization pursuant to Section 132-50 that has not lapsed, has a street wall width exceeding 40 feet on either the same block frontage containing the applicant's establishment, or on the block frontage directly across the street from the block containing such establishment, or on the blocks fronting on the commercial street immediately adjacent to the north and south of the block containing such applicant's establishment.

In order to demonstrate such conditions, the applicant shall:

(1)        submit photographs or dimensioned elevation drawings to verify compliance with the conditions specified in this paragraph (c); and

(2)        provide at the time of application, pursuant to Section 132-50, evidence of any other approved applications for certifications or authorizations that have not lapsed in the geographic boundaries set forth in this paragraph (c).

A copy of an application for certification pursuant to this Section shall be sent by the Department of City Planning to the affected Community Board, which may review such proposal and submit comments to the Chairperson of the City Planning Commission. If the Community Board elects to comment on such application, it must be done within 30 days of receipt of such application. The Chairperson will not act on such application until the Community Board's comments have been received, or the 30 day comment period has expired, whichever is earlier.

A certification granted pursuant to this Section shall automatically lapse if substantial construction in accordance with the plans for which such certification was granted, has not been completed within one year from the effective date of such certification.

In Special Enhanced Commercial Districts 2 and 3, the City Planning Commission may authorize a modification of the maximum street wall width of non-residential establishments, as set forth in paragraphs (a) and (b) of Section 132-24, provided the Commission finds that:

(a)        such additional frontage space is required for the operation of such proposed use, and such use cannot be reasonably configured within the permitted street wall width; or

(b)        a high ground floor vacancy rate exists within a reasonable distance of the proposed use, and such high vacancy rate is a consequence of adverse market conditions.

The land use application for an authorization pursuant to this Section shall be sent to the applicable Community Board. If the Community Board elects to comment on such application, it must be done within 30 days of receipt of such application. The Chairperson will not act on such application until the Community Board's comments have been received, or the 30 day comment period has expired, whichever is earlier.  

The "Special Southern Roosevelt Island 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 provide opportunities for the development of an academic and research and development campus in a manner that benefits the surrounding community;

(b)        to allow for a mix of residential, retail and other commercial uses to support the academic and research and development facilities and complement the urban fabric of Roosevelt Island;

(c)        to establish a network of publicly accessible open areas that take advantage of the unique location of Roosevelt Island and that integrate the academic campus into the network of open spaces on Roosevelt Island and provide a community amenity;

(d)        to strengthen visual and physical connections between the eastern and western shores of Roosevelt Island by establishing publicly accessible connections through the Special District and above-grade view corridors;

(e)        to encourage alternative forms of transportation by eliminating required parking and placing a maximum cap on permitted parking;

(f)        to provide flexibility of architectural design within limits established to assure adequate access of light and air to the street and surrounding waterfront open areas, and thus to encourage more attractive and innovative building forms; and

(g)        to promote the most desirable use of land in this area and thus conserving the value of land and buildings, and thereby protecting 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.
        

Base plane

The definition of base plane is hereby modified to mean elevation 19.0, which elevation reflects the measurement in feet above Belmont Island Datum, which is 2.265 feet below the mean sea level at Sandy Hook, N.J.
        

Development parcel

The "development parcel" is all of the property located within the boundaries of the Loop Road, as shown in the Appendix to this Chapter. The development parcel shall be deemed a single zoning lot for the purpose of applying all regulations of this Resolution.  

Loop Road - East Loop Road, North Loop Road, South Loop Road, West Loop Road

The "Loop Road" shall be comprised of the "East Loop Road", the "North Loop Road", the "South Loop Road", and the "West Loop Road", as shown in the Appendix to this Chapter. All such roads shall be deemed separate streets for the purpose of applying all regulations of this Chapter and shall not generate floor area.

The provisions of this Chapter shall apply within the Special Southern Roosevelt Island 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 Southern Roosevelt Island District Plan.

The District Plan includes the following maps:

Map 1 — Special Southern Roosevelt Island District, Development Parcel and Loop Road

Map 2 — Public Access Areas.

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

The provisions of Article III, Chapter 6 (Accessory Off-Street Parking and Loading Regulations) shall not apply in the Special Southern Roosevelt Island District. In lieu thereof, a maximum of 500 accessory parking spaces shall be permitted, which may be made available for public use.

However, bicycle parking shall be provided in accordance with the provisions of Section 36-70.

The provisions of Article VI, Chapter 2 (Special Regulations Applying in the Waterfront Area), shall not apply in the Special Southern Roosevelt Island District. In lieu thereof, the area between the shoreline and the western street line of the West Loop Road and the area between the shoreline and the eastern street line of the East Loop Road shall be used exclusively for open recreational uses, and shall be accessible to the public at all times.

Within the development parcel, the provisions of Section 32-10 (USES PERMITTED AS-OF-RIGHT) are modified to permit Use Group 17B research, experimental or testing laboratories. Any Use Group 17B uses within the development parcel shall conform with the performance standards of Section 42-20, inclusive, applicable to such use in an M1 District.

Within the development parcel, the provisions of Section 32-422 (Location of floors occupied by commercial uses) shall not apply.

Within the development parcel, the special bulk regulations of this Section, inclusive, shall apply.

The floor area provisions of Section 23-15 (Open Space and Floor Area Regulations in R6 Through R10 Districts) shall be modified to permit a maximum residential floor area ratio of 3.44 without regard to a height factor. In addition, the maximum permitted floor area ratio for a Use Group 17B research, experimental or testing laboratory shall be 3.40.

The open space ratio requirements of Section 23-15 (Open Space and Floor Area Regulations in R6 Through R10 Districts) and the lot coverage requirements of Sections 23-15 and 24-11 (Maximum Floor Area Ratio and Percentage of Lot Coverage) shall not apply. In lieu thereof, the aggregate lot coverage for all buildings shall comply with the following requirements:

(a)        The maximum lot coverage from the base plane to a height that is 20 feet above the base plane shall be 70 percent.

(b)        The maximum lot coverage from a height that is more than 20 feet above the base plane to a height that is 60 feet above the base plane shall be 60 percent.

(c)        The maximum lot coverage from a height that is more than 60 feet above the base plane to a height that is 180 feet above the base plane shall be 45 percent.

(d)        The maximum lot coverage above a height of 180 feet above the base plane shall be 25 percent.

The City Planning Commission may authorize an increase in the maximum lot coverage as set forth in paragraph (c) of this Section to up to 55 percent, upon finding that such increase is necessary to achieve the programmatic requirements of the development, and will not unduly restrict access of light and air to publicly accessible areas and streets.

The height and setback regulations of Sections 23-60, 24-50 and 33-40 shall apply, except as modified by this Section. All heights shall be measured from the base plane.

Buildings or other structures may exceed the underlying height and setback regulations for a percentage of the length of each street line of the Loop Road, as follows:

(a)        North Loop Road - 65 percent

(b)        East Loop Road - 35 percent

(c)        West Loop Road - 35 percent

(d)        South Loop Road - 65 percent.

Furthermore, the street line length percentages set forth in paragraphs (a) through (d) of this Section may be exceeded by one percentage point for every two percentage points that the lot coverage within 50 feet of a street line is less than the following percentage:

(1)        North Loop Road - 50 percent

(2)        East Loop Road - 30 percent

(3)        South Loop Road - 50 percent

(4)        West Loop Road - 30 percent.

All portions of buildings or other structures that exceed the underlying height and setback regulations in accordance with this Section shall comply with the height regulations of Section 133-232.

For the portion of any building or other structure exceeding the height and setback regulations set forth in Section 133-231, the maximum height of such portion located within 500 feet of the North Loop Road shall be 320 feet, exclusive of permitted obstructions allowed by the underlying height and setback regulations, and the maximum height for any such portion on the remainder of the development parcel shall be 280 feet, exclusive of such permitted obstructions.

The gross area of any story located entirely above a height of 180 feet shall not exceed 15,000 square feet. Where a single building has two or more portions located above 180 feet that are entirely separate from one another above such height, each such portion shall not exceed a gross area of 15,000 square feet for any story located in whole or part above 180 feet.

Sections 23-62, 24-51 and 33-42 (Permitted Obstructions) shall be modified to allow accessory energy generating systems on the roof of a building, or any other structures supporting such systems, as permitted obstructions, without limitations.

The requirements of Sections 23-70 (MINIMUM REQUIRED DISTANCE BETWEEN TWO OR MORE BUILDINGS ON A SINGLE ZONING LOT) and 23-82 (Building Walls Regulated by Minimum Spacing Requirements) shall not apply, provided that if two or more buildings or portions of buildings are detached from one another at any level, such buildings, or such detached portions of buildings, shall at no point be less than eight feet apart at or below a height of 180 feet, and shall at no point be less than 60 feet apart above a height of 180 feet.

Within the Special Southern Roosevelt Island District, the City Planning Commission may, by special permit, allow a modification of the bulk regulations of this Chapter and the underlying bulk regulations, except floor area regulations, provided the Commission finds that:  

(a)        such modifications are necessary to achieve the programmatic requirements of the academic and research and development campus;

(b)        such distribution of bulk will result in better site planning and will thus benefit both the residents, occupants or users of the Special Southern Roosevelt Island District and the surrounding neighborhood;

(c)        such distribution of bulk will permit adequate access of light and air to surrounding public access areas, streets and properties; and

(d)        such distribution of bulk will not unduly increase the bulk of buildings in the Special Southern Roosevelt Island District to the detriment of the occupants or users of buildings in the Special District or on nearby blocks.

At least 20 percent of the lot area of the development parcel shall be publicly accessible and shall include, but need not be limited to, a Central Open Area, a North-South Connection, and a Waterfront Connection Corridor, for which the size and location requirements are set forth in Section 133-31. Any supplemental public access areas provided in order to meet the minimum public access lot area requirements of this Section shall comply with the requirements of paragraph (d) of Section 133-31. Design and operational standards for such public access areas are set forth in Section 133-32.

(a)        Central Open Area

A Central Open Area shall front upon the West Loop Road for a minimum linear distance of 150 feet and be located at least 300 feet south of the North Loop Road, and at least 300 feet north of the South Loop Road. The Central Open Area shall be at least 30,000 square feet in area, with no portion having a dimension less than 20 feet in all directions counting toward such minimum area.

(b)        North-South Connection

A continuous pedestrian connection shall be provided through the development parcel from the North Loop Road, or from the West Loop Road or East Loop Road within 200 feet of the North Loop Road, to the South Loop Road, or to the West Loop Road or East Loop Road within 200 feet of the South Loop Road. Such North-South Connection shall have a minimum width of 50 feet throughout its required length. The North-South Connection shall include at least one segment with a minimum length of 300 feet located more than 100 feet from both the West Loop Road and East Loop Road.

The North-South Connection shall connect to the Central Open Area either directly, or through a supplemental public access area having a minimum width of 30 feet. In the event that the North-South Connection traverses the Central Open Area, the area within the North-South Connection, as determined by its length and minimum required width, shall not be included in the 30,000 square foot minimum area of the Central Open Area.

There shall be at least one publicly accessible connection from the East Loop Road and from the West Loop Road to the North-South Connection. Such connections shall have a minimum width of 30 feet, and shall be located a minimum of 300 feet south of the North Loop Road and a minimum of 300 feet north of the South Loop Road. In addition, such connections may be coterminous with the Waterfront Connection Corridor required by paragraph (c) of this Section.

(c)        Waterfront Connection Corridor

A Waterfront Connection Corridor shall be provided through the development parcel allowing for pedestrian access between the western boundary of the East Loop Road and either the eastern boundary of the West Loop Road or the eastern boundary of the Central Open Area. Such corridor shall be located in its entirety in the area located 300 feet south of the North Loop Road and 300 feet north of the South Loop Road. The Waterfront Connection Corridor shall have a minimum width of 30 feet.

(d)        Supplemental Public Access

Supplemental public access areas may be located anywhere within the development parcel, provided such areas have a minimum dimension of 20 feet in all directions and connect directly to one or more of the Loop Roads, the North-South Connection, the Central Open Space and the Waterfront Connection Corridor.

(a)        Level of public access areas and limits on coverage

At least 80 percent of publicly accessible areas shall be located at grade level, or within five feet of grade level, as such grade level may change over the development parcel, and shall be open to the sky. The remainder of such publicly accessible areas may be enclosed, covered by a structure, or located more than five feet above or below grade level, provided that such publicly accessible areas are directly accessible from public access areas that are at grade level or within five feet of grade level, and in all cases have a minimum clear height of 15 feet.

At least 50 percent of the linear street frontage for the Central Open Area required under Section 133-31, paragraph (a), shall be located at the same elevation as the adjoining sidewalk of the West Loop Road. At least 80 percent of the area of the Central Open Area shall be open to the sky, and the remainder may be open to the sky or covered by a building or other structure. A minimum clear height of 30 feet shall be provided in any area of the Central Open Area covered by a building or other structure.

The northern and southern access points to the North-South Connection shall be located at the same elevation as the adjoining public sidewalk. The elevation of the North-South Connection may vary over the remainder of its length. At least 70 percent of the area of the North-South Connection shall be open to the sky, and the remainder may be open to the sky or covered by a building or other structure. A minimum clear height of 15 feet shall be provided in any area of the North-South Connection covered by a building or other structure.

Any portion of the Waterfront Connection Corridor that is covered by a building or located within a building shall have a minimum clear height of 30 feet, provided that overhead walkways, structures and lighting occupying in the aggregate no more than 10 percent of the area of the Waterfront Connection Corridor, as determined by the minimum required width, shall be permitted within the required clear height.

(b)        Clear paths

The North-South Connection and the Waterfront Connection Corridor shall each have a clear path of 12 feet throughout their entire required lengths, including those connections required between the North-South Connection and the East and West Loop Roads. All such clear paths shall be accessible to persons with disabilities.

(c)        Permitted obstructions

Permitted obstructions allowed under paragraph (a) of Section 62-611 may be located within any required public access area, provided that no such permitted obstructions shall be located within a required clear path. Furthermore, kiosks may be up to 500 square feet in area, and open air cafes may occupy not more than five percent of any required public access area.  

(d)        Seating

A minimum of one linear foot of seating shall be provided for each 200 square feet of required public access areas. Required seating types may be moveable seating, fixed individual seats, fixed benches with or without backs, and design-feature seating such as seat walls, planter edges or steps. All required seating shall comply with the following standards:

(1)        Seating shall have a minimum depth of 18 inches. Seating with 36 inches or more in depth may count towards two seats, provided there is access to both sides. When required seating is provided on a planter ledge, such ledge must have a minimum depth of 22 inches.

(2)        Seating shall have a height not less than 16 inches or greater than 20 inches above the level of the adjacent walking surface. However, as described in paragraph (d)(5) of this Section, seating steps may have a height not to exceed 30 inches and seating walls may have a height not to exceed 24 inches.

(3)        At least 50 percent of the linear feet of fixed seating shall have backs at least 14 inches high and a maximum seat depth of 20 inches. Walls located adjacent to a seating surface shall not count as seat backs. All seat backs must either be contoured in form for comfort or shall be reclined from vertical between 10 to 15 degrees.

(4)        Moveable seating shall be credited as 24 inches of linear seating per chair. All moveable seats must have backs and a maximum seat depth of 20 inches. Moveable chairs shall not be chained, fixed, or otherwise secured while the public access area is open to the public.

(5)        Seating steps and seating walls may be used for required seating if such seating does not, in aggregate, represent more than 15 percent of the linear feet of all required seating. Seating steps shall not include any steps intended for circulation and must have a height not less than six inches nor greater than 30 inches and a depth not less than 18 inches. Seating walls shall have a height not greater than 18 inches; such seating walls, however, may have a height not to exceed 24 inches if they are located within 10 feet of an edge of a public access area.

Seating shall be provided in the Central Open Area in an amount equal to a minimum of one linear foot for every 100 square feet of the Central Open Area. Such seating shall include at least one moveable chair for every 500 square feet of the Central Open Area, and at least one other seating type. One table shall be provided for every four moveable chairs. At least 15 percent of the required seating shall be located within 20 feet of any Loop Road, and at least 10 percent of such required seating shall be located within 20 feet of the North-South Connection or any supplemental public access area that connects the Central Open Area to the North-South Connection.

Seating shall be provided in the North-South Connection in an amount equal to at least one linear foot for every 150 square feet of the North-South Connection. At least 20 linear feet of such seating shall be located within 20 feet of its northern entrance and an additional 20 linear feet of such seating shall be located within 20 feet of its southern entrance. There shall be at least two types of seating in the North-South Connection.

Seating for open air cafes may be used by members of the public regardless of whether such persons are patrons of a cafe when not being used for service.

(e)        Planting

At least 20 percent of the required public access areas on the development parcel shall be comprised of planted areas, including planting beds and lawns.

At least 30 percent of the Central Open Area shall be planted with lawns, planting beds or a combination thereof.  

(f)        Hours

All required public access areas shall be open daily from 6:00 a.m. to 10:00 p.m. Signs stating that the North-South Connection is publicly accessible shall be posted at its northern and southern entrances. Signs indicating that the Central Open Space is publicly accessible shall be posted at its entrance from the West Loop Road and the North-South Connection.

The Department of Buildings shall not approve any application for a building permit for a development or enlargement unless such application shows the location of the Central Open Area, the North-South Connection and the Waterfront Connection Corridor, and any supplemental public access areas, for the purpose of demonstrating that the required amount of public access area, as set forth in Sections 133-30 and 133-31, is able to be accommodated on the development parcel.

The public access areas required pursuant to Section 133-30, inclusive, may be built out in phases on the development parcel in accordance with this Section.

No temporary or permanent certificate of occupancy from the Department of Buildings may be issued for more than 300,000 square feet of floor area developed or enlarged on the development parcel until the Chairperson of the City Planning Commission certifies to the Commissioner of Buildings that at least 25,000 square feet of public access area is substantially complete and open to the public.  

No temporary or permanent certificate of occupancy from the Department of Buildings may be issued for more than 500,000 square feet of floor area developed or enlarged on the development parcel until the Chairperson of the City Planning Commission certifies to the Commissioner of Buildings that at least 40,000 square feet of public access area is substantially complete and open to the public. The Central Open Area shall be part of the public access area required to be substantially completed and open to the public under this paragraph.

No temporary or permanent certificate of occupancy from the Department of Buildings may be issued for each additional 200,000 square feet of floor area developed or enlarged on the development parcel until the Chairperson of the City Planning Commission certifies to the Commissioner of Buildings that an additional 12,000 square feet of public access area is substantially completed and open to the public. A portion of the North-South Connection connecting at least one of the Loop Roads and the Central Open Area shall be substantially completed and open to the public prior to obtaining a temporary or permanent certificate of occupancy for more than 750,000 square feet of floor area developed or enlarged on the development parcel. The Waterfront Connection shall be substantially completed and open to the public prior to obtaining a temporary or permanent certificate of occupancy for more than 900,000 square feet of floor area developed or enlarged on the development parcel.

Except as set forth above, the open space provided pursuant to this Section may include interim open space areas, provided that no temporary or permanent certificate of occupancy from the Department of Buildings may be issued for more than 1,700,000 square feet of floor area developed or enlarged on the development parcel until the Chairperson of the City Planning Commission certifies to the Commissioner of Buildings that all of the Central Open Area, the North-South Connection and the Waterfront Connection are substantially complete and open to the public.

Not more than 20 percent of the lot area of the development parcel shall be required to be improved as public access areas, and the obligation to provide public access areas, in accordance with paragraphs (a), (b), (c) and (d) of this Section, shall terminate at such time as 20 percent of the lot area of the development parcel has been improved as public access areas and has been opened to the public.

Any public access area may be modified, eliminated or reconfigured over time, provided that such modification, elimination or reconfiguration does not reduce the amount of public access area required under Section 133-60 (PHASING) for the amount of floor area located on the development parcel at the time of such activity. Any modified or reconfigured public access area shall comply with the applicable provisions of Section 133-30, inclusive.

A volume shall be established on the development parcel between a line that is 300 feet south of the North Loop Road and a line that is 300 feet north of the South Loop Road. Such volume shall extend from the East Loop Road to the West Loop Road along a line that is within 30 degrees of the line connecting true east and true west. The minimum width of such volume shall be 50 feet, with its lowest level 60 feet above the base plane. Such volume shall be open to the sky. No obstructions of any kind shall be permitted within such volume.

Map 1 — Special Southern Roosevelt Island District, Development Parcel and Loop Road

Map 2 — Public Access Areas

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

(a)        to promote public use and enjoyment of the Island as a recreational destination that draws upon its location in New York Harbor with singular views and natural beauty;

(b)        to encourage educational and cultural uses such as the arts, music and dance which bring the public to the Island to enjoy cultural events in a unique setting of historic buildings and green spaces;

(c)        to promote public use of the Island for water-related recreational and educational activities that benefit from the unique Island setting;

(d)        to preserve historic buildings in the historic district and encourage their renovation and redevelopment for appropriate educational, cultural and commercial uses;

(e)         to facilitate commercial uses including, but not limited to, hotels, restaurants, retail, arts and crafts galleries and related uses that are compatible with the educational, cultural and recreational uses of the Island and with the primary use of the Island by the public as a recreational resource; and

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

For the purposes of this Chapter, the area within the boundaries of the Special Governors Island District shall be considered a single zoning lot.

Development rights may not be transferred across the boundary of the Special Governors Island District.  

Except as modified by the express provisions of the Special Governors Island District, the regulations of the underlying zoning district shall remain in effect.

The off-street parking and loading regulations of the underlying zoning district and Article I, Chapter 3 (Comprehensive Off-street Parking and Loading Regulations in the Manhattan Core), shall not apply. In lieu thereof, off-street parking and loading berths accessory to any use permitted within the Special Governors Island District shall be allowed.

The provisions of Article VI, Chapter 2 (Special Regulations Applying in the Waterfront Area) shall not apply, except as set forth in Section 134-22 (Special Height and Setback Regulations).  

The following commercial uses shall be allowed

From Use Group 5:

All uses.

From Use Groups 6A, 6B, 6D, 6E and 6F:

All uses.

From Use Group 6C:

All uses, except automobile supply stores, drive-in banks, carpet, rug, linoleum or other floor covering stores, furniture stores, loan offices, medical or orthopedic appliance stores, paint stores, sewing machine stores or typewriter stores.

From Use Groups 7A and 7E:

All uses.

From Use Group 7B:

Bicycle rental or repair shops

Sailmaking establishments

Sign painting shops, limited to 2,500 square feet of floor area per establishment.

From Use Groups 8A and 8E:

All uses.

From Use Group 9A:

All uses, except for automobile, motorcycle, trailer or boat showrooms or sales, with no repair services and with no preparation of vehicles or boats for delivery, blueprinting or photostatting establishments, musical instrument repair shops, plumbing, heating or ventilating equipment showrooms, without repair facilities, typewriter or other small business machine sales, rental or repairs, or umbrella repair shops.

From Use Group 9C:

All uses.

From Use Group 10A:

Docks for ferries, other than gambling vessels, with no restriction on passenger load

Eating or drinking places, without restrictions on entertainment or dancing, but limited to location in hotels

Photographic or motion picture production studios

Radio or television studios.

From Use Group 10C:

All uses.

From Use Group 11A and 11C:

All uses, except for medical, dental, drafting instruments, optical goods, or similar precision instruments, or orthopedic or medical appliances, or custom manufacturing.

From Use Group 12A:

All uses, except for eating or drinking establishments with entertainment and a capacity of more than 200 persons, or establishments of any capacity with dancing, stadiums or trade expositions.

From Use Groups 12B, 12C and 12E:

All uses.

From Use Group 13:

All uses.

From Use Group 14:

All uses.

From Use Group 15:

Merry-go-rounds.

Any commercial use or physical culture or health establishment larger than 7,500 square feet in floor area shall be permitted provided that, prior to the establishment of such use, the applicant shall submit a written description of such use to the local community board, together with information to demonstrate that such use will promote the goals of the Special Governors Island District, complement existing uses within the special district, and be compatible with the nature, scale and character of other uses within the special district.

The local community board shall have the opportunity to respond to such submission with written comments within forty-five (45) days of receipt and the applicant shall thereafter provide the local community board with a written response to such comments, including a description of any modifications to the proposal or, if a recommendation of the local community board has not been adopted, the reasons such modification has not been made.  

No building permit shall be issued with respect to a commercial use or physical culture or health establishment larger than 7,500 square feet unless the Chairperson of the City Planning Commission shall have certified to the Department of Buildings that the applicant has complied with the provisions of this Section.

The provisions of this Section shall not apply to commercial uses permitted pursuant to Section 134-12 (Authorization for Certain Commercial Uses).

The City Planning Commission may authorize any commercial use not allowed pursuant to Section 134-11 to locate within the Special Governors Island District, provided that such commercial use:

(a)        will promote the goals of the Special Governors Island District;

(b)        will complement existing uses within the special district; and

(c)        is compatible with the nature, scale and character of other uses within the special district.

Physical culture or health establishments shall be permitted in the Special Governors Island District, subject to the requirements of Section 134-11. The special permit provisions of Section 73-36 shall not apply.

For commercial uses and physical culture or health establishments, the sign regulations of a C1 District mapped within an R3-2 District shall apply.

For commercial uses and physical culture or health establishments, the floor area regulations of a C1 District mapped within an R3-2 District shall apply.  

The provisions of Section 62-341 (Developments on land and platforms) shall apply to all buildings in the Special Governors Island District.

The "Special Bay Street Corridor 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 St. George, Stapleton and Tompkinsville neighborhoods;

(b)        to achieve a harmonious visual and functional relationship with the adjacent neighborhoods;

(c)        to maintain and reestablish physical and visual public access to the Stapleton neighborhood and to the waterfront;

(d)        to enhance neighborhood economic diversity by broadening the range of housing choices for residents at varied incomes;

(e)        to provide flexibility to attract new commercial and retail uses and support the existing businesses that define the area;

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

(g)        to create a walkable, urban streetscape environment through a mix of ground floor uses that connect the town centers of St. George and Stapleton;

(h)        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;

(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 in accordance with a well-considered plan and thus 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 Bay Street Corridor 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.

District maps are located in Appendix A of this Chapter and are hereby incorporated and made an integral part of this Resolution. They are incorporated for the purpose of specifying locations where special regulations and requirements, as set forth in the text of this Chapter, apply.

Map 1 - Special Bay Street Corridor District, Subdistricts and Subareas

Map 2 - Location of Visual Corridors

In order to carry out the purposes and provisions of this Chapter, five subdistricts are established as follows:


Subdistrict A
Subdistrict B
Subdistrict C
Subdistrict D
Subdistrict E

Within Subdistrict B, subareas are established as follows:


Subarea B1
Subarea B2

Within Subdistrict D, subareas are established as follows:


Subarea D1
Subarea D2

The location and boundaries of these subdistricts are shown on Map 1 (Special Bay Street Corridor District and Subdistricts) in Appendix A of this Chapter.

The definition of "lower density growth management area" in Section 12-10 shall exclude all districts within the Special Bay Street Corridor District.

Any building containing residences, long-term care facilities or philanthropic or non-profit institutions with sleeping accommodations that is constructed in accordance with the bulk regulations of this Chapter shall be considered a Quality Housing building, and shall comply with the provisions of Article II, Chapter 8 (The Quality Housing Program).

For the purposes of applying the Inclusionary Housing Program set forth in Section 23-90, the Special Bay Street Corridor District shall be a Mandatory Inclusionary Housing area.

Notwithstanding the general provisions of Section 135-01, 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 zoning lots in Subdistrict D containing a Use Group 16 or 17 use operated in support of a public service or public transportation facility and existing on June 26, 2019, the provisions of this Chapter shall not apply. In lieu thereof, the provisions of an M1-1 District shall apply.

The underlying use regulations are modified by the provisions of this Section, inclusive.

For the purposes of applying to this Chapter the special ground floor level streetscape provisions set forth in Section 37-30, any portion of a ground floor level street frontage along Bay Street, as well as any street frontage within 50 feet of Bay Street, shall be considered a primary street frontage. A ground floor level street frontage along any other street shall be considered a secondary street frontage. For the purposes of this Section, inclusive, defined terms shall include those in Sections 12-10 and 37-311.

The provisions of this Section shall apply to developments or ground floor level enlargements.

(a)        Along primary street frontages


For buildings, or portions thereof, with primary street frontage, uses on the ground floor level, to the minimum depth set forth in Section 37-32 (Ground Floor Depth Requirements for Certain Uses), shall be limited to non-residential uses, except for Type 1 lobbies and entrances and exits to accessory parking spaces provided in accordance with the applicable provisions of Section 37-33 (Maximum Width of Certain Uses). Group parking facilities located on the ground floor level shall be wrapped by floor area in accordance with the provisions of paragraph (a) of Section 37-35 (Parking Wrap and Screening Requirements). Ground floor level street walls shall be glazed in accordance with the provisions set forth in Section 37-34 (Minimum Transparency Requirements).

For zoning lots with a lot area of less than 5,000 square feet existing both on June 26, 2019 and on the date of application for a building permit, the provisions of this paragraph (a) shall not apply. In lieu thereof, the provisions of paragraph (b) of this Section shall apply.

In flood zones, where no transparent materials or building entrances or exits are provided on the ground floor level street wall below a height of four feet above the level of the adjoining sidewalk for a continuous width of at least 15 feet, visual mitigation elements shall be provided in accordance with Section 135-12 (Special Streetscape Provisions for Blank Walls) for such blank wall.

(b)        Along secondary street frontages


For buildings, or portions thereof, with secondary street frontage, all uses permitted by the underlying district shall be permitted on the ground floor level, provided that any accessory off-street parking spaces on the ground floor level shall be wrapped or screened in accordance with Section 37-35.

The level of the finished floor of such ground floor shall be located not higher than five feet above nor lower than five feet below the as-built level of the adjoining street.

Where visual mitigation elements are required on a blank wall along the ground floor level street wall pursuant to the provisions of Section 135-11 (Ground Floor Use Regulations), at least 75 percent of the linear footage of any such blank wall shall be treated by one or more of the following visual mitigation elements:

(a)        Planting


Where utilized as a visual mitigation element, any combination of perennials, annuals, decorative grasses or shrubs shall be provided in planting beds, raised planting beds or planter boxes in front of the street wall. Each foot in width of a planting bed, raised planting bed or planter box, as measured parallel to the street wall, shall satisfy one linear foot of frontage mitigation requirement. Such planting bed shall extend to a depth of at least three feet, inclusive of any structure containing the planted material. Any individual planted area shall have a width of at least five feet, and the height of such planting, inclusive of any structure containing the planted materials, shall be at least three feet.

Where a blank wall exceeds a street wall width of 50 feet, at least 25 percent of such street wall width shall be planted in accordance with the provisions of this paragraph.

(b)        Benches


Where utilized as a visual mitigation element, fixed benches with or without backs shall be provided in front of the street wall. Unobstructed access shall be provided between such benches and an adjoining sidewalk or required circulation paths. Each linear foot of bench, as measured parallel to the street wall, shall satisfy one linear foot of frontage mitigation requirement. Any individual bench shall have a width of at least five feet, and no more than 20 feet of benches may be used to fulfill such requirement per 50 feet of frontage.

(c)        Bicycle racks


Where utilized as a visual mitigation element, bicycle racks, sufficient to accommodate at least two bicycles, shall be provided in front of the street wall, and oriented so that the bicycles are placed parallel to the street wall. Each bicycle rack so provided shall satisfy five linear feet of frontage mitigation requirement. No more than three bicycle racks may be used to fulfill such requirement per 50 feet of frontage.

(d)        Tables and chairs


Where utilized as a visual mitigation element, fixed tables and chairs shall be provided in front of the street wall. Each table shall have a minimum diameter of two feet, and have a minimum of two chairs associated with it. Each table and chair set so provided shall satisfy five linear feet of frontage mitigation requirement.

(e)        Wall treatment


Where utilized as a visual mitigation element, wall treatment, in the form of permitted signs, graphic or sculptural art, rustication, decorative screening or latticework, or living plant material, shall be provided along the street wall. Each linear foot of wall treatment shall constitute one linear foot of frontage mitigation requirement. Such wall treatment shall extend to a height of at least 10 feet, as measured from the level of the adjoining sidewalk or grade, and have a minimum width of 10 feet, as measured parallel to the street wall.

All visual mitigation elements shall be provided on the zoning lot, except where such elements are permitted within the street under other applicable laws or regulations.

Within the Special Bay Street Corridor District, a physical culture or health establishment shall be permitted as-of-right in Commercial Districts. For the purposes of applying the underlying regulations to such use, a physical culture or health establishment shall be considered a Use Group 9 use and shall be within parking requirement category PRC-B.

Within the Special Bay Street Corridor District, breweries, as listed in Use Group 18A, shall be permitted in Commercial Districts provided that:

(a)        the size of such brewery does not exceed 30,000 square feet; and

(b)        any brewery developed or enlarged after June 26, 2019, shall contain an accessory eating or drinking establishment.

For the purposes of applying the underlying regulations, such brewery shall be considered a Use Group 11A use and shall be within parking requirement category PRC-F. The performance standards for an M1 District set forth in Section 42-20, inclusive, shall apply to such breweries.

In Subdistricts A, B and C, the underlying provisions of Section 32-421 (Limitation on floors occupied by commercial uses) shall be modified as follows:

(a)        For mixed buildings, offices, as listed in Use Group 6B, shall be permitted on the lowest two stories of a building, provided that no access exists between such offices and any residential uses;

(b)        For commercial buildings, the provisions restricting the location of uses listed in Use Group 6A, 6B, 6C, 6F, 7, 8, 9 or 14 to two stories, shall not apply; and

(c)        Any brewery developed or enlarged in accordance with the provisions of Section 135-14, shall be subject to the provisions of Section 32-421.

The underlying floor area, yard, street wall location and height and setback regulations are modified by the provisions of this Section.

The underlying floor area regulations are modified by the provisions of this Section. For the purpose of this Section, defined terms include those set forth in Sections 12-10 and 23-911.

The table below sets forth the maximum floor area ratio of a zoning lot for each Subdistrict. Column 1 sets forth the maximum floor area ratio for commercial uses other than offices, as listed in Use Group 6B, and Column 2 sets forth the maximum floor area ratio for offices. Column 3 sets forth the maximum floor area ratio for residences, other than MIH sites and affordable independent residences for seniors, that are subject to the provisions of paragraph (d)(4)(i) or (d)(4)(iii) of Section 23-154 (Inclusionary Housing). Column 4 sets forth the maximum residential floor area ratio for MIH sites where either affordable floor area is provided in accordance with the provisions of paragraphs (d)(3)(i) through (d)(3)(iv) or paragraph (d)(5) of Section 23-154, or where a contribution to the affordable housing fund is made in accordance with paragraph (d)(3)(v) of such Section. Column 4 also sets forth the maximum floor area ratio for community facility uses, other than long-term care facilities. Column 5 sets forth the maximum floor area ratio for zoning lots containing affordable independent residences for seniors or long-term care facilities.

For zoning lots with buildings containing multiple uses or for zoning lots with multiple buildings containing different uses, the maximum floor area ratio for each use shall be as set forth in the table, and the maximum floor area ratio for the zoning lot shall not exceed the greatest floor area ratio permitted for any such use on the zoning lot.

MAXIMUM FLOOR AREA RATIO

Column 1

Column 2

Column 3

Column 4

Column 5

Subdistrict, or Subarea, as applicable

For commercial uses other than offices

For offices

For residences other than MIH sites and affordable independent residences for seniors

For MIH sites and community facility uses other than long-term care facilities

For affordable independent residences for seniors or long-term care facilities

A

2.0

4.0

3.6

4.0

4.6

B

2.0

3.6

3.0

3.6

3.9

C

2.0

3.0

2.5

3.0

3.25

D1

2.0

2.0

2.5

3.0

3.25

D2

2.0

2.0

2.25

2.75

3.0

E

2.0

2.0

2.0

2.2

2.2

The underlying lot coverage regulations are modified by the provisions of this Section.

The maximum residential lot coverage for interior lots or through lots shall be 65 percent, and the maximum residential lot coverage for corner lots shall be 100 percent.

The underlying yard regulations are modified by the provisions of this Section.

In Subdistrict A, no rear yard or rear yard equivalent need be provided for commercial buildings, community facility buildings, or the portion of a mixed building containing commercial or community facility uses.

The underlying street wall location provisions are modified by the provisions of this Section.

(a)        Along Bay Street


Along Bay Street, and along streets within 50 feet of their intersection with Bay Street, the following street wall regulations shall apply:

(1)        At least 70 percent of the aggregate width of street walls of a building shall be located within eight feet of the street line, and shall rise without setback up to at least the minimum base height specified in Section 135-25 (Special Height and Setback Regulations), or the height of the building, whichever is lower. Pursuant to Section 135-31 (Special Visual Corridor Requirements), required visual corridors shall be considered streets.

(2)        For developments or horizontal enlargements of buildings, or portions thereof, within the flood zone where no transparent materials are provided on the ground floor level street wall below a height of four feet above the level of the adjoining sidewalk, pursuant to the provisions of Sections 135-11 (Ground Floor Use Regulations) and 37-34 (Minimum Transparency Requirements) for a continuous distance of more than 25 feet, such street wall shall be located at least three feet beyond the street line. Such street wall shall not be located beyond five feet of the street line, except as permitted pursuant to Section 64-333 (Street wall location in certain districts). Such street wall shall provide visual mitigation elements in accordance with the provisions of Section 135-12 (Special Streetscape Provisions for Blank Walls), and any area between the street wall and the sidewalk that does not contain any planting material pursuant to the provisions of paragraph (a) of Section 135-12 shall be improved to Department of Transportation standards for sidewalks.

(3)        A minimum of 20 percent of the surface area of such street walls above the level of the first story shall be recessed a minimum of three feet. In addition, up to 30 percent of such street wall may be recessed at any level, provided that any recesses deeper than 10 feet are located within an outer court. Furthermore, no recesses greater than three feet shall be permitted within 30 feet of the intersection of two street lines.

(b)        Along Van Duzer Street


Along Van Duzer Street, and along streets within 50 feet of their intersection with Van Duzer Street, the underlying street wall location regulations shall apply.

(c)        Along all other streets


Along all streets that are not subject to paragraphs (a) or (b) of this Section, at least 50 percent of the aggregate width of street walls shall be located within 15 feet of the street line. The remaining aggregate width of street walls may be recessed beyond 15 feet of the street line, provided that any such recesses deeper than 10 feet are located within an outer court. Where the street wall of a building, or an individual segment thereof, exceeds the maximum base height established in Section 135-25, such street wall shall rise without setback to at least the minimum base height specified in Section 135-25.

The underlying allowances for street wall articulation, set forth in paragraph (d) of Section 23-661 or paragraph (e) of Section 35-651, as applicable, shall be permitted to project or recess beyond the street wall locations established in paragraphs (a), (b) or (c) of this Section.

The underlying height and setback provisions are modified by the provisions of this Section.

Pursuant to Section 135-31 (Special Visual Corridor Requirements), required visual corridors shall be considered streets. Such visual corridors shall be considered wide streets for the purposes of applying the height and setback regulations of this Section.

(a)        Base heights and maximum building heights


The table below sets forth the minimum and maximum base height, the maximum transition height, where applicable, the maximum height of a building or other structure and the maximum number of stories for buildings in the Special Bay Street Corridor District.


In all subdistricts, a setback is required for all portions of buildings or other structures that exceed the maximum base height specified for the subdistrict, and shall be provided in accordance with paragraph (b) of this Section.


In Subdistrict A and Subarea B1, any portion of a building or other structure located above the maximum transition height, and in Subarea B2 and Subdistrict C, any portion of a building or other structure located above the maximum base height, shall be subject to the maximum street wall width restrictions set forth in paragraph (c) of this Section.

MAXIMUM BASE HEIGHTS AND MAXIMUM BUILDING HEIGHTS

Subdistrict or Subarea, as applicable

Minimum Base Height (in feet)

Maximum Base Height (in feet)

Maximum Transition Height (in feet)

Maximum Height of Buildings or Other Structures in Certain Locations (in feet)

Maximum Number of Stories

A

40

65

85

125

12

B1

40

65

85

125

12

B2

40

65

N/A

125

12

C

40

65

N/A

85

8

D1

40

65

N/A

75

7

D2

40

65

N/A

65

6

E

30

45

N/A

55

5

(b)        Required setbacks


At a height not lower than the minimum base height or higher than the maximum base height specified for the subdistrict in the table in paragraph (a), a setback with a depth of at least 15 feet shall be provided from any street wall fronting on a narrow street, and a setback with a depth of at least 10 feet shall be provided from any street wall fronting on a wide street.


In addition, the underlying provisions of paragraphs (c)(2) through (c)(4) of Section 23-662 (Maximum height of buildings and setback regulations) shall apply to such setbacks.

(c)        Maximum street wall width in Subdistricts A, B and C


In Subdistricts A, B and C, the maximum building height set forth in the table in paragraph (a) shall only be permitted within 100 feet of streets intersecting Bay Street. In addition, in Subdistrict A and Subarea B2, such maximum building height shall be permitted beyond 100 feet of streets intersecting Bay Street, provided that the maximum street wall width above the maximum base height does not exceed 100 feet.


In all such Subdistricts, at least 60 feet of separation shall exist between any portions of buildings located above such maximum transition height, or maximum base height, as applicable.

(d)        Dormer provisions


The underlying dormer provisions of paragraph (c) of Section 23-621 (Permitted obstructions in certain districts) shall apply, except that no dormer shall be permitted above a height of 85 feet, or above the maximum height of the building or other structure permitted in paragraph (a) of this Section, whichever is less.

Within the Special Bay Street Corridor District, visual corridors shall be provided east of Bay Street, prolonging Swan Street, Clinton Street, and Grant Street, as shown on Map 2 in the Appendix to this Chapter. The location of the visual corridor prolonging Grant Street may be located anywhere within the flexible location designated on Map 2.

(a)        General Requirements


The boundaries of visual corridors shall be considered street lines for the purposes of applying the use, bulk and parking provisions of this Resolution, except that such portion of the zoning lot:

(1)        shall continue to generate floor area ;

(2)        may be included for the purposes of calculating lot coverage ; and

(3)        shall be permitted to accommodate open, unscreened, tandem (one behind the other) accessory off-street parking spaces, provided that any such parking spaces are provided in accordance with DOT standards for on-street parking.


Such visual corridors shall be a minimum of 60 feet wide and shall be improved in accordance with paragraph (b) of this Section

(b)        Required improvements


All required visual corridors shall be improved as follows:

(1)        Where a visual corridor is utilized to provide access to accessory off-street parking, such visual corridor shall be improved to the minimum Department of Transportation (DOT) standards for public streets, from its intersection with Bay Street to at least the curb cut provided to such accessory off-street parking, or as deep as necessary to accommodate any parking located on the visual corridor, as applicable. Any remaining portion of the visual corridor may be improved in accordance with the standards in paragraph (b)(2)(ii) of this Section.

(2)        Where a visual corridor does not provide access to accessory off-street parking, such visual corridors, may either:

(i)        be improved to the minimum DOT standards for public streets; or

(ii)        be improved to provide an open area, as follows:

(a)        a minimum of 20 percent of the open area shall be planted with any combination of perennials, annuals, decorative grasses, shrubs or trees in planting beds, raised planting beds or planter boxes. Such planting bed shall extend to a depth of at least three feet, inclusive of any structure containing the planted material, and any individual planted area shall have a width of at least five feet;

(b)        the remainder of the open area, as applicable, may contain any combination of:

(1)        streetscape amenities including, but not limited to, benches or tables and chairs;

(2)        entertainment amenities including, but not limited to, water features, playgrounds, dog runs, game tables, courts or skateboard parks;

(3)        unenclosed eating or drinking establishments; or

(4)        streetscape-enhancing amenities including, but not limited to, lighting or sculptural artwork.

(c)        In no event shall fencing be permitted in any open area of the visual corridor, except along the portion of a lot line adjacent to a railroad right-of-way.

The underlying parking provisions are modified by the provisions of this Section.

In mixed buildings, the underlying parking requirements shall apply, except that for the purposes of determining the parking requirement for commercial uses other than offices, as listed in Use Group 6B, the equivalent of 0.5 floor area ratio, or the amount of non-office commercial floor area in the building, whichever is less, may be deducted from the floor area used to determine such commercial parking calculation.

The underlying residential parking waivers shall apply only to zoning lots existing both on June 26, 2019, and on the date of application for a building permit.

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

(a)        such parking facilities are located either:

(1)        within the Special Bay Street Corridor District; or

(2)        outside the Special Bay Street Corridor District, subject to the underlying provisions for off-site parking spaces set forth in Sections 25-52 (Off-site Spaces for Residences), 25-53 (Off-site Spaces for Permitted Non-residential Uses), 36-42 (Off-site Spaces for Residences) or 36-43 (Off-site Spaces for Commercial or Community Facility Uses), as applicable;

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

(c)        in no event shall the number of accessory parking spaces within such facility exceed that permitted in accordance with the underlying regulations.

For the purposes of applying the underlying loading regulations, the requirements for C2 Districts mapped within an R7 District shall apply to all Commercial Districts in the Special Bay Street Corridor District.

In addition, the underlying loading regulations shall be modified as follows:

(a)        the requirements of Section 36-60, inclusive, shall not apply to changes of uses;

(b)        the provisions of Sections 36-63 (Special Provisions for a Single Zoning Lot With Uses Subject to Different Loading Requirements) and 36-64 (Wholesale, Manufacturing, or Storage Uses Combined With Other Uses) shall not apply; and

(c)        the minimum length requirements for loading berths accessory to commercial uses, other than funeral establishments, set forth in Section 36-681 (Size of required berths) shall be increased to 37 feet.

For zoning lots existing on June 26, 2019, with frontage along Bay Street and along another street frontage, no curb cut accessing off-street parking spaces or loading spaces shall be permitted along Bay Street.

Map 1 — Special Bay Street Corridor District, Subdistricts and Subareas

Map 2 — Location of visual corridors

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

(a)        to strengthen the commercial core of Downtown Far Rockaway by improving the working and living environments;

(b)        to support the development of vacant and underutilized parcels in Downtown Far Rockaway with a mix of residential, commercial and community facility uses;

(c)        to encourage the design of new buildings to blend into the existing neighborhood fabric by providing a transition in height between the downtown commercial core and the lower-scale residential communities;

(d)        to establish a center to the downtown with lively new gathering and civic spaces along Mott Avenue that complement and strengthen the existing neighborhood;

(e)        to encourage the development of affordable housing;

(f)        to expand the retail, entertainment and commercial character of areas around transit nodes to enhance the area's role as a local transportation hub;

(g)        to integrate new roadways into an improved pedestrian and vehicular network with key north-south and east-west connections;

(h)        to ensure the provision of adequate accessory parking that reflects both the automobile ownership patterns of the neighborhood and public transit access;

(i)        to enhance the pedestrian environment by relieving sidewalk congestion and providing pedestrian amenities; and

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

The regulations of this Chapter shall apply within the Special Downtown Far Rockaway District. The regulations of all other Chapters of this Resolution are applicable except as modified, supplemented or superseded by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control.

For purposes of this Chapter, matter in italics is defined in Section 12-10 (DEFINITIONS) and in this Section.

Open Space A

"Open Space A" shall be a publicly accessible open space designed and constructed pursuant to the provisions of Section 136-324 (Publicly accessible open space requirements) and located within the area designated as "Flexible Open Space A Location" on Map 7 (Mandatory Street Walls and Flexible Public Open Space Locations) in the Appendix to this Chapter.

Open Space B

"Open Space B" shall be a publicly accessible open space designed and constructed pursuant to the provisions of Section 136-324 (Publicly accessible open space requirements) and located within the area designated as "Flexible Open Space B Location" on Map 7 (Mandatory Street Walls and Flexible Public Open Space Locations) in the Appendix to this Chapter.

The regulations of this Chapter implement the Special Downtown Far Rockaway District Plan.

The District Plan includes the following maps in the Appendix to this Chapter:

Map 1 - Special Downtown Far Rockaway District and Subdistrict

Map 2 - Commercial Core

Map 3 - Ground Floor Use and Transparency Requirements

Map 4 - Maximum Building Height

Map 5 - Maximum Building Height Within Subdistrict A

Map 6 - Publicly Accessible Private Streets

Map 7 - Mandatory Street Walls and Flexible Public Open Space Locations

Map 8 - Sidewalk Widenings

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

In order to carry out the purposes and provisions of this Chapter, Subdistrict A is established. The location of Subdistrict A is shown on Map 1 in the Appendix to this Chapter.

R6 R7-1

In the districts indicated, and in C2 Districts mapped within these districts, any building containing residences, long-term care facilities or philanthropic or non-profit institutions with sleeping accommodations that is constructed in accordance with the bulk regulations of this Chapter shall be considered a Quality Housing building and shall comply with the provisions of Article II, Chapter 8 (The Quality Housing Program) of this Resolution.

R6 R7-1

In the districts indicated, and in C2 Districts mapped within these districts, the regulations for a Mandatory Inclusionary Housing area shall apply. The locations of Mandatory Inclusionary Housing areas are shown on the maps in APPENDIX F of this Resolution.

Except as otherwise provided herein, private streets that are in accordance with the provisions of this Chapter within the locations shown on Map 6 (Publicly Accessible Private Streets) in Appendix A of this Chapter, and publicly accessible open spaces that are in accordance with the provisions of this Chapter within the locations shown on Map 7 (Mandatory Street Walls and Flexible Public Open Space Locations) in Appendix A, shall be considered streets for the purposes of establishing the use, bulk and parking regulations of this Resolution. However, for the purposes of floor area regulations, such private streets and publicly accessible open spaces shall be considered part of a zoning lot. In addition, for the purpose of determining minimum and maximum base heights and minimum setback depth pursuant to paragraph (a) of Section 136-313 (Minimum and maximum base height), private streets and publicly accessible open spaces shall be distinguished from streets.

The use regulations of the underlying district shall apply except as modified in Section 136-10, inclusive.

Within the locations shown on Map 2 (Commercial Core) in the Appendix to this Chapter, the provisions of Section 32-421 (Limitation on floors occupied by commercial uses) shall not apply. In lieu thereof, the provisions of Section 32-422 (Location of floors occupied by commercial uses) shall apply.

Within the locations shown on Map 2 (Commercial Core) in the Appendix to this Chapter, the provisions of Sections 32-19 (Use Group 10) and 32-21 (Use Group 12) shall be modified to allow Use Groups 10A and 12 in C2 Districts.

The special ground floor use provisions of this Section shall apply to any portion of a building:

(a)        fronting on a designated street, as shown on Map 3 (Ground Floor Use and Transparency Requirements); or

(b)        located within 175 feet of Mott Avenue and fronting on Open Space A.

Uses within stories on the ground floor or with a floor level within five feet of the level of the adjoining sidewalk, shall be limited to non-residential uses. The street frontage of a building shall be allocated exclusively to such uses, except for Type 1 lobby space, entrances and exits to accessory off-street parking facilities, and entryways or entrances to subway stations in accordance with Section 37-33 (Maximum Width of Certain Uses). Such non-residential uses shall comply with the minimum depth provisions of Section 37-32 (Ground Floor Depth Requirements for Certain Uses).

The provisions of this Section shall apply to buildings developed or enlarged after September 7, 2017, where the ground floor of such development or enlarged portion of the building fronts upon designated streets as shown on Map 3 (Ground Floor Use and Transparency Requirements) in the Appendix to this Chapter. These provisions shall also apply to the frontage of buildings located along Open Space A. The ground floor street wall of such building or portion thereof shall be glazed in accordance with Section 37-34 (Minimum Transparency Requirements).

The provisions of Section 37-35 (Parking Wrap and Screening Requirements) shall apply along designated streets as shown on Map 3 and along Open Space A. In addition, the screening requirements of paragraph (b) of Section 37-35 shall apply along intersecting streets within 50 feet of designated streets, and along intersecting streets or private streets within 50 feet of Open Space A.

The following additional special use provisions of Section 136-15, inclusive, shall apply within Subdistrict A, as shown on Map 1 (Special Downtown Far Rockaway District and Subdistrict) in the Appendix to this Chapter.

For mixed buildings, the underlying provisions of Section 32-421 (Limitation on floors occupied by non-residential uses) shall not apply. In lieu thereof, Use Groups 6, 7, 8, 9 or 14, other than offices listed in Use Group 6B, shall not be located above the level of the second story ceiling. Offices shall be permitted above the level of the second story, provided that where any floor space allocated to such offices is located on the same story as a dwelling unit, no access exists between such uses, and further provided that no floor space allocated to such offices is located directly over dwelling units.

(a)        Non-residential entrances

Within Subdistrict A, on designated streets, as shown on Map 3 (Ground Floor Use and Transparency Requirements) in the Appendix to this Chapter, the requirements of this paragraph (a) shall apply to any building or other structure fronting on such streets. These provisions shall also apply to the frontage of buildings along Open Space A. Access to each ground floor commercial establishment or community facility establishment shall be provided directly from a street or from Open Space A.

(b)        Residential entrances

Eighty percent of all ground floor dwelling units with frontage only on Redfern Avenue shall have a primary entrance directly accessible from Redfern Avenue.

The bulk regulations of the underlying district shall apply except as modified in Section 136-20, inclusive.

The residential portion of a building shall comply with the maximum lot coverage provisions of the underlying district applicable to Quality Housing buildings.

For residential buildings, mixed buildings and commercial buildings, the height and setback regulations of the underlying district shall be modified by the regulations of Section 136-22, inclusive. The provisions of Sections 23-952 (Height and setback in Mandatory Inclusionary Housing areas) and 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors) shall not apply within the Special Downtown Far Rockaway District.

All heights shall be measured from the base plane.

In C2 Districts, the street wall location regulations of the underlying district shall apply except as modified in this Section.

(a)        In C2 Districts mapped within R6 and R7-1 Districts, at least 70 percent of the aggregate width of street walls shall be located within eight feet of the street line and shall extend to at least the minimum base height specified in Section 136-222 (Minimum and maximum base height), or the height of the building, whichever is less. Up to 30 percent of the aggregate width of street walls may be recessed beyond eight feet of the street line, provided that any such recesses deeper than 10 feet along a wide street or 15 feet along a narrow street are located within an outer court. For zoning lots bounded by more than one street line, these street wall location requirements shall be mandatory on only one street line.

(b)        In C2 Districts mapped within R5 Districts, at least 70 percent of the aggregate width of street walls shall be located within eight feet of the street line and shall extend to a height of 30 feet, or the height of the building, whichever is less. Up to 30 percent of the aggregate width of street walls may be recessed beyond eight feet of the street line, provided that any such recesses deeper than 10 feet along a wide street or 15 feet along a narrow street are located within an outer court. For zoning lots bounded by more than one street line, these street wall location requirements shall be mandatory on only one street line.

(c)        Below a height of 15 feet or the height of the second story floor, whichever is lower, no recesses shall be permitted within 30 feet of the intersection of two street lines except recesses that do not exceed a depth of 12 inches.

The underlying allowances for street wall articulation, set forth in paragraph (e) of Section 35-651 (Street wall location) shall be permitted to project or recess beyond the street wall locations established in paragraphs (a) and (b) of this Section.

Existing buildings may be vertically enlarged by up to one story or 15 feet, without regard to the street wall location requirements of this Section.  

R6  R7-1

In the districts indicated, and in C2 Districts mapped within these districts, the minimum and maximum heights before setback of a street wall required pursuant to Section 136-221 (Street wall location) shall be as set forth in the following table:

District

Minimum Base Height (feet)

Maximum Base Height (feet)

R6

30

55

R7-1

40

55

At a height not lower than the minimum base height nor higher than the maximum base height specified for the applicable district in this Section, 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. The underlying provisions of paragraphs (c)(2) through (c)(4) of Section 23-662 (Maximum height of buildings and setback regulations) shall apply to such setbacks.

R6 R7-1

In the districts indicated, and in C2 Districts mapped within these districts, the height of a building or other structure shall not exceed the maximum height or the maximum number of stories, whichever is less, as shown on Map 4 (Maximum Building Height) in the Appendix to this Chapter.

The regulations of Section 136-30, inclusive, shall apply within Subdistrict A, as shown on Map 1 (Special Downtown Far Rockaway District and Subdistrict) in the Appendix to this Chapter. The regulations of the Special Downtown Far Rockaway District shall apply, except as modified by the regulations of Section 136-30, inclusive.

The provisions of Section 136-221 (Street wall location) shall apply within Subdistrict A, except as provided in this Section.  

(a)        For portions of buildings or building segments with frontage on Redfern Avenue located between the prolongation of the northerly street line of Dix Avenue and a line 150 feet south of and parallel to Nameoke Street, the street wall location rules of Section 136-221 shall not apply. In lieu thereof, paragraph (b) of Section 23-661 (Street wall location) shall apply.  

(b)        For Street Wall A and Street Wall B, as shown on Map 7 (Mandatory Street Walls and Flexible Public Open Space Locations) in the Appendix to this Chapter, the provisions of Section 136-221 shall not apply. In lieu thereof, the provisions of this Section shall apply.  

(1)        Street Wall A

Buildings on the west side of Open Space A shall have a street wall located along the required sidewalk widening on Mott Avenue, shown as a line designated A1 on Map 7, except that street wall articulation set forth in paragraph (e) of Section 35-651 (Street wall location) shall be permitted. Beyond 112 feet of Redfern Avenue, the street wall shall be located no closer to Central Avenue than the line designated A2 as shown on Map 7.

(2)        Street Wall B

Street walls fronting Open Space A shall be located no closer to Redfern Avenue than as shown as a line designated B1 on Map 7. The street walls of buildings on the east side of Open Space A with frontage on Mott Avenue shall be located no closer to Mott Avenue than as shown as lines designated B2 and B3 on Map 7. Portions of street walls with frontage on Mott Avenue, located so that a line drawn perpendicular to the line designated B3 intersects such street walls, shall be located no further than 30 feet from B3. Street walls fronting Central Avenue shall be located no closer to Central Avenue than as shown for the line designated B4 on Map 7, and shall be located no further than 30 feet from B4.

(c)        For blocks with a dimension of less than 100 feet between streets or private streets that are parallel or do not intersect, the provisions of Section 136-221 shall be modified to require a minimum of 40 percent of the aggregate width of street walls to be located within eight feet of the street line and to extend to at least the minimum base height specified in Section 136-222 (Minimum and maximum base height), or the height of the building, whichever is less.

All street walls governed by this Section shall extend to the minimum base height specified in Section 136-313 (Minimum and maximum base height), or the height of the building, whichever is less.

For each building within Subdistrict A, where the aggregate width of street walls is greater than 90 feet, a minimum of 20 percent of the surface area of street walls below the maximum base height and above the level of the first story shall be recessed beyond three feet of the street line. Portions of street lines with no street walls may be counted towards the recess requirements of this Section. No portion of such minimum recessed area shall be located within 30 feet of the intersection of two street lines. However, such minimum recessed area shall be permitted within 30 feet of Redfern Avenue, except at the intersection of Redfern Avenue and Mott Avenue.

Within Subdistrict A, the provisions of Section 136-222 (Minimum and maximum base height) shall not apply. In lieu thereof, for residential buildings, mixed buildings and commercial buildings, the provisions of this Section shall apply. The street wall height and setback regulations of the underlying district shall apply except as modified in this Section.

(a)        The minimum and maximum heights before setback of a street wall required pursuant to Section 136-221 (Street wall location), shall be as set forth in the following table:

Condition

Minimum Base Height (feet)

Maximum Base Height (feet)

Minimum Setback Depth (feet)

Fronting on, or within 100 feet of, a street, other than a private street or publicly accessible open space

401

65

10

Fronting on a private street or a publicly accessible open space and beyond 100 feet of a street that is not a private street or publicly accessible open space

401

85

7

Fronting on Redfern Avenue

301

452

10

1Within 300 feet of Mott Avenue, the minimum base height shall be 20 feet

2The maximum base height for the portion of a building subject to the 65 foot or six story maximum height provisions of Section 136-314 shall be 65 feet

(b)        Dormers

The provisions of paragraph (c) of Section 23-621 (Permitted obstructions in certain districts) shall be modified to allow dormers as a permitted obstruction within the required front setback distance above a maximum base height, as follows:

(1)        Within 75 feet of intersecting streets, dormers shall be permitted without limitation on width.

(2)        Where dormers are provided pursuant to paragraph (b)(1) of this Section, and such dormers exceed the maximum width permitted pursuant to paragraph (c) of Section 23-621, for any portion of a building with an aggregate width of street walls greater than 75 feet, a setback shall be provided above the maximum base height between such dormer and any other dormer for a width of at least 20 feet, or the remaining width of such street wall, as applicable.

(3)        Beyond 75 feet of intersecting streets, the provisions of paragraph (c) of Section 23-621 shall apply. The width of any dormers provided pursuant to the provisions of paragraph (b)(1) of this Section shall be included in the aggregate width of all dormers.

However, the provisions of this paragraph (b) shall not apply to portions of buildings with frontage on Redfern Avenue, except that these provisions shall apply to portions of buildings with frontage on both Redfern Avenue and Mott Avenue.

The height of a building or other structure shall not exceed the maximum building height or the maximum number of stories, whichever is less, as shown on Map 5 (Maximum Building Height Within Subdistrict A) in the Appendix to this Chapter. However, within 75 feet of the intersection of the southerly cross street with Redfern Avenue, and within 75 feet of the intersection of the northerly cross street with Redfern Avenue, the maximum height for buildings or other structures shall be six stories or 65 feet, whichever is less. Any such 65 foot or six story maximum building height limit falling within 300 feet of Mott Avenue shall only extend to a depth of 25 feet from Redfern Avenue, after which the maximum building height and maximum number of stories shown on Map 5 shall apply.

Within the Tower Location Area shown on Map 5 (Maximum Building Height Within Subdistrict A) in the Appendix to this Chapter, the height of a building may exceed the height limits specified in Section 136-314 (Maximum building height) only as set forth in this Section. Any portion of a building above a height of 125 feet shall hereinafter be referred to as a "tower."

(a)        Towers shall be located within portions of zoning lots bounded by intersecting street lines and lines parallel to and 200 feet from each intersecting street line.  

(b)        Towers shall be separated from one another by a minimum distance of 60 feet, measured in all horizontal directions.  

(c)        The outermost walls of each story of a building located entirely above a height of 125 feet shall be measured in plan view and inscribed within a rectangle. The maximum length of such rectangle shall be 170 feet. The maximum length of any other side of such rectangle shall be 100 feet. For the purposes of this Section, abutting portions of buildings above a height of 125 feet shall be considered a single tower.  

(d)        To permit portions of a building to rise from grade to a tower portion without setback, the setback provisions of Section 136-313 (Minimum and maximum base height) shall not apply to any portion of a building located within 100 feet of intersecting street lines.

(e)        The maximum height of a tower shall be 155 feet or 15 stories, whichever is lower.

(f)        No more than two towers shall be permitted within Subdistrict A.

The outermost walls of each story of a building located entirely above a height of 95 feet shall be measured in plan view and inscribed within a rectangle. The maximum length of any side of such rectangle shall be 170 feet. For the purposes of this Section, abutting portions of buildings above a height of 95 feet shall be considered a single building.

The requirements of this Section shall apply to zoning lots containing developments or enlargements within the current or former Downtown Far Rockaway Urban Renewal Area.

No building permit shall be issued for any development or enlargement until the Chairperson of the City Planning Commission certifies to the Department of Buildings that such development or enlargement complies with the provisions of this Section.

The Chairperson shall certify that:

(a)        all publicly accessible open spaces adjacent to the proposed development or enlargement comply with the provisions of Section 136-324 (Publicly accessible open space requirements);

(b)        the location of private streets adjacent to the proposed development or enlargement complies with the provisions of Section 136-323 (Private streets); and

(c)        for any portion of Subdistrict A outside the area of the proposed development or enlargement for which a certification pursuant to this Section has not been obtained, the applicant has submitted sufficient documentation showing that the development or enlargement that is the subject of this certification, and any associated private streets and publicly accessible open spaces required to be constructed in conjunction with such development or enlargement, shall not preclude such undeveloped portions of Subdistrict A from complying with the provisions of Sections 136-323 and 136-324 under future certifications pursuant to this Section.

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 provisions for the maintenance and operation of such private streets and publicly accessible open spaces, indexed against the property, binding the owners, successors and assigns to provide and maintain such private streets and publicly accessible open spaces in accordance with the plans certified by the Chairperson. Such declaration, or any maintenance and operation agreement with the City or its designee executed in connection with such declaration, shall require that adequate security be provided to ensure that the private streets and public access areas are maintained in accordance with the declaration and any related 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, as indicated in the plans certified by the Chairperson, shall be recorded on the certificate of occupancy for such building by the Department of Buildings. The recording information of the declaration of restrictions shall be included on the certificate of occupancy for any building, or portion thereof, issued after the recording date.

The property owner shall be responsible for the construction and maintenance of all required private streets and publicly accessible open spaces on the zoning lot. No temporary or final certificate of occupancy shall be issued for any building adjacent to such private street or publicly accessible open space until all required improvements are completed, except as set forth in a phasing plan that has been incorporated in a signed and duly recorded declaration of restrictions, and that has provided for interim improvements and access where these do not present conflicts with construction, staging or public safety.

For buildings developed or enlarged after September 7, 2017, where the development or horizontal enlargement fronts upon designated streets as shown on Map 8 (Sidewalk Widenings) in the Appendix to this Chapter, the provisions of this Section shall apply.

A sidewalk widening is a continuous, paved open area along the street line of a zoning lot, located within the zoning lot. A sidewalk widening shall be provided along streets as shown on Map 8, to the extent necessary, so that a minimum sidewalk width of 13 feet or 18 feet, as applicable, is achieved, including portions within and beyond the zoning lot. Such depth shall be measured perpendicular to the street line. Sidewalk widenings shall be improved as sidewalks to Department of Transportation standards, at the same level as the adjoining public sidewalk and shall be directly accessible to the public at all times. No enlargement shall be permitted to decrease the depth of such sidewalk widening to less than such minimum required depth.

Lighting shall be provided with a minimum level of illumination of not less than two horizontal foot candles throughout the entire mandatory sidewalk widening. Lighting fixtures installed by the Department of Transportation within the street adjacent to such sidewalk widening shall be included in the calculation of the required level of illumination.

Where a continuous sidewalk widening is provided on the zoning lot, along the entire block frontage of a street, the boundary of the sidewalk widening within the zoning lot shall be considered to be the street line for the purposes of Sections 136-22 (Height and Setback Regulations) and 136-31 (Special Height and Setback Regulations Within Subdistrict A).

In Subdistrict A, private streets shall be accessible to the public at all times, except when required to be closed for repairs, and for no more than one day each year in order to preserve the private ownership of such area. Private streets shall have a minimum width of 60 feet. Private streets shall be constructed to Department of Transportation standards for public streets. Sidewalks shall have a minimum clear path of seven feet on each side of such private streets along their entire length. Such private streets shall be located as shown on Map 6 (Publicly Accessible Private Streets) in the Appendix to this Chapter. One street tree shall be planted for every 25 feet of curb length of each 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.

The private street network shall be established as follows:

(a)        a central street shall connect Open Space A with Nameoke Avenue, as shown on Map 6. However, if the centerline of the new street is not within five feet of the extended centerline of Brunswick Avenue, then the easterly curb of the new street shall be greater than 50 feet from the extended line of the westerly curb of Brunswick Avenue;

(b)        a southerly cross street shall connect Redfern Avenue with the central street, intersecting Redfern Avenue within the area shown on Map 6. However, if the centerline of the new street is not within five feet of the extended centerline of Dix Avenue, then the northerly curb of the new street shall be greater than 50 feet from the extended line of the southerly curb of Dix Avenue;

(c)        a northerly cross street shall connect Birdsall Avenue with Bayport Place, intersecting Redfern Avenue so that the centerline of the new street is within five feet of the extended centerline of Birdsall Avenue and within five feet of the centerline of Bayport Place.

Publicly accessible open spaces shall be provided within Flexible Open Space A Location and Flexible Open Space B Location, as applicable, as shown on Map 7 (Mandatory Street Walls and Flexible Public Open Space Locations) in the Appendix to this Chapter. Open Space A shall contain a minimum of 23,000 square feet, and Open Space B shall contain a minimum of 7,000 square feet.

(a)        A portion of the required publicly accessible open space located within Open Space A shall have a minimum width of 80 feet within 55 feet of Mott Avenue. Open Space A shall extend from Mott Avenue to the nearest private street required pursuant to Section 136-323 (Private streets), and shall maintain a minimum width of 60 feet.

(b)        Publicly accessible open spaces shall comply with the provisions of Sections 37-725 (Steps), 37-726 (Permitted obstructions), 37-727 (Hours of access) 37-728 (Standards of accessibility for persons with disabilities), 37-73 (Kiosks and Open Air Cafes), 37-74 (Amenities) and 37-75 (Signs), except for the following modifications:

(1)        Section 37-73 (Kiosks and Open Air Cafes) shall be modified as follows:

(i)        paragraph (a) of Section 37-73 shall be modified to permit a kiosk to occupy an area no greater than 400 square feet within Open Space A, provided that such kiosk has a maximum width, measured along the same axis as the minimum width of Open Space A pursuant to paragraph (a) of this Section, of 20 feet, and provided that any canopies, awnings or other sun control devices extending from such kiosk shall be limited to a distance of five feet from such kiosk;

(ii)        paragraph (b) of Section 37-73 shall be modified to limit the aggregate area of open air cafes to no more than 40 percent of the publicly accessible open space, to allow open air cafes to occupy up to 50 percent of street frontage along Mott Avenue, and to eliminate the requirement that open air cafes be located along the edge of the publicly accessible open space; and

(iii)        paragraphs (c) and (d) of Section 37-73 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;

(2)        Section 37-741 (Seating) shall be modified as follows:

(i)        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;

(ii)        the requirement of one linear foot of seating for each 30 square feet of public plaza area shall be modified to one linear foot of seating for each 60 square feet of publicly accessible open space; and

(iii)        seating for open air cafes may count toward the seating requirement, in the category of moveable seating, provided that 50 percent of the linear seating capacity is provided through other seating types;

(3)        For Open Space A, Section 37-742 (Planting and trees) shall be modified to require that at least 15 percent of the area of the publicly accessible open space shall be comprised of planting beds with a minimum dimension of two feet, exclusive of any bounding walls. For Open Space B, Section 37-742 (Planting and trees) shall be modified to eliminate the requirement for such planting beds;

(4)        Section 37-743 (Lighting) shall be modified to provide that for publicly accessible open spaces fronting on Mott Avenue, the lighting fixtures installed by the Department of Transportation within the street shall be included in the calculation of the required level of illumination;

(5)        Section 37-744 (Litter receptacles) shall be modified to require a minimum of one litter receptacle per 5,000 square feet of publicly accessible open space;

(6)        Entry plaques for publicly accessible open spaces shall be provided as described in paragraph (a) of Section 37-751 (Public space signage systems), except that one such plaque shall be located at each point of entry from a street to such publicly accessible open space; and

(7)        Section 37-753 (Accessory signs) shall be modified as follows:

(i)        paragraphs (a), (c) and (d) shall not apply;

(ii)        paragraph (b) shall be modified to permit non-illuminated or illuminated accessory signs, and the permitted surface area of such signs shall be as permitted by the underlying district, as if the publicly accessible open space were a street; and

(iii)        paragraph (e) shall be modified to permit any number of accessory signs within the publicly accessible open space, subject to the remaining provisions of such paragraph (e).

The off-street parking regulations shall be modified, as follows:

(a)        The regulations of Section 25-027 (Applicability of regulations in Community District 14, Queens) shall not apply. In lieu thereof, the regulations of the applicable underlying district shall apply, as modified by the provisions of this Section.

(b)        In a C2 District mapped within an R7-1 District, the regulations of Section 25-251 (Income-restricted housing units) shall be modified to require an accessory off-street parking requirement of 25 percent per income-restricted housing unit.

(c)        For commercial uses in Parking Requirement Categories PRC-A, PRC-B, PRC-B1 and PRC-C, the provisions of Section 36-21 (General Provisions) shall be modified to require accessory off-street parking spaces at a rate of one parking space per 750 square feet of floor area.

For ambulatory diagnostic or treatment health care facilities listed in Use Group 4, the provisions of Sections 25-31 (General Provisions) and 36-21 shall be modified to require accessory off-street parking spaces at a rate of one parking space per 750 square feet of floor area.    

(d)        Within Subdistrict A, parking spaces provided on private streets shall count towards the number of accessory off-street parking spaces required by the provisions of Sections 36-20 (REQUIRED ACCESSORY OFF-STREET PARKING SPACES FOR COMMERCIAL OR COMMUNITY FACILITY USES) and 36-30 (REQUIRED ACCESSORY OFF-STREET PARKING SPACES FOR RESIDENCES WHEN PERMITTED IN COMMERCIAL DISTRICTS). For such parking spaces located within private streets, the provisions of Section 28-40 (PARKING FOR QUALITY HOUSING) shall not apply.

The City Planning Commission may authorize modification of the provisions of Sections 136-323 (Private streets) and 136-324 (Publicly accessible open space requirements), provided that the Commission shall find that:

(a)        the usefulness and attractiveness of the publicly accessible open space will be improved by the proposed design and layout;

(b)        such modification to private street provisions will result in a private street network that will ensure pedestrian and vehicular mobility and safety and will be well integrated with the surrounding streets; and

(c)        such modification will result in a superior urban design relationship with surrounding buildings and open areas, including streets and private streets.

The Commission may prescribe appropriate conditions and controls to enhance the relationship of such publicly accessible open spaces and private streets to surrounding buildings and open areas.

For developments or enlargements containing only income-restricted housing units, affordable independent residences for seniors, or other government-assisted dwelling units, the City Planning Commission may authorize modifications of:

(a)        yard regulations;

(b)        regulations governing the minimum required distance between buildings on the same zoning lot, provided that no waiver shall authorize a minimum distance of less than 40 feet; and

(c)        regulations governing the minimum required distance between legally required windows and walls or lot lines, provided that no waiver shall authorize a minimum of less than 20 feet between legally required windows and walls or lot lines.

The Commission shall find that such modifications:  

(1)        will aid in achieving the general purposes and intent of this Chapter as set forth in Section 136-00 (GENERAL PURPOSES);

(2)        will provide a better distribution of bulk on the zoning lot, resulting in a superior site plan, in which the buildings subject to this authorization and any associated open areas will relate harmoniously with one another and with adjacent buildings and open areas; and

(3)        will not unduly increase the bulk of any building or unduly obstruct access of adequate light and air to the detriment of the occupants or users of buildings on the block or nearby blocks, or of people using the public streets and other public spaces.

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

Map 1 - Special Downtown Far Rockaway District and Subdistrict

Map 2 — Commercial Core

Map 3 — Ground Floor Use and Transparency Requirements

Map 4 — Maximum Building Height

Map 5 — Maximum Building Height Within Subdistrict A

Map 6 — Publicly Accessible Private Streets

Map 7 — Mandatory Street walls and Flexible Public Open Space Locations

Map 8 — Sidewalk Widenings

The "Special Coastal Risk District" established in this Resolution is designed to promote and protect public health, safety and general welfare in coastal areas that are currently at exceptional risk from flooding and may face greater risk in the future. These general goals include, among others, the following specific purposes:

(a)        to limit the population in areas that are vulnerable to frequent flooding, including those areas exceptionally at risk from projected future tidal flooding;

(b)        to reduce the potential for property damage and disruption from regular flood events and support the City's capacity to provide infrastructure and services;

(c)        to promote consistency with planned improvements, neighborhood plans, and other measures to promote drainage, coastal protection, open space and other public purposes;

(d)        provide sound planning in areas that have historically been occupied by wetlands and, where plans exist, for such areas to be maintained as open space; and

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

The provisions of this Chapter shall apply in the Special Coastal Risk 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 District Maps are located in 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 this Chapter apply.

Map 1        Special Coastal Risk District 1 (CR-1), in Broad Channel, Community District 14, Borough of Queens

Map 2        Special Coastal Risk District 2 (CR-2), in Hamilton Beach, Community District 10, Borough of Queens

Map 3        Special Coastal Risk District 3 (CR-3), encompassing New York State Enhanced Buyout Areas in Graham Beach and Ocean Breeze, Community District 2, Borough of Staten Island

Map 4        Special Coastal Risk District 3 (CR-3), encompassing New York State Enhanced Buyout Areas in Oakwood Beach, Community District 3, Borough of Staten Island.

The special use and bulk regulations of this Chapter shall apply in the Special Coastal Risk District as set forth in the following table:

SPECIAL REGULATIONS

Special Coastal Risk District

Residential Use (137-21)

Community Facility Use (137-22)

Modified Bulk Requirements (137-31)

Modifications to Article V (137-40)

Special Requirements (137-50)

CR—1 (Broad Channel, Queens)

x

x

CR—2 (Hamilton Beach, Queens)

x

x

x

CR—3 (buyout areas, Staten Island)

x

x

x

x

The special use regulations of this Section 137-20, inclusive, shall apply in the Special Coastal Risk Districts as set forth in the table in Section 137-12 (Applicability of Special Regulations).

In Special Coastal Risk Districts 1 and 3, residential uses shall be limited to single-family detached residences and accessory uses as set forth in Section 22-11 (Use Group 1).

In Special Coastal Risk District 2, residential uses shall be limited to single- or two-family detached residences and accessory uses as set forth in paragraphs A. and B. of Section 22-12 (Use Group 2).

In Special Coastal Risk Districts, community facilities with sleeping accommodations shall not be permitted.

In lower density growth management areas in Special Coastal Risk District 3, the regulations for community facility uses of the underlying districts shall be modified as follows:

(a)        ambulatory diagnostic or treatment health care facilities shall be limited on any zoning lot to 1,500 square feet of floor area, including cellar space; and

(b)        all community facility uses shall be subject to the maximum floor area ratio, and special floor area limitations, applicable to R3-2 Districts set forth in Section 24-162 (Maximum floor area ratios and special floor area limitations for zoning lots containing residential and community facility uses in certain districts).

The special bulk regulations of this Section 137-30, inclusive, shall apply to buildings in the Special Coastal Risk Districts as set forth in the table in Section 137-12 (Applicability of Special Regulations).

In Special Coastal Risk District 2, the regulations of Section 23-32 (Minimum Lot Area or Lot Width for Residences) are modified such that the minimum lot width for a two-family detached residence in an R3A District shall be 40 feet.

In Special Coastal Risk District 3, the provisions of Article V, Chapter 2 (Non-conforming Uses) shall be modified as set forth in this Section.

Non-conforming uses may not be enlarged or extended. In addition, should 50 percent or more of the floor area of a building containing a non-conforming use be damaged or destroyed after September 7, 2017, the building may be repaired, incidentally altered or reconstructed only for a conforming use.

However, the provisions of this Section shall not apply to any building that was damaged to the extent of 50 percent or more due to the effects of Hurricane Sandy, as defined in Article VI, Chapter 4 (Special Regulations Applying in Flood Hazard Areas). The special regulations for non-conforming buildings of Section 64-70 shall apply to such buildings.

In Special Coastal Risk District 3, no development or horizontal enlargement shall occur, except where authorized by the City Planning Commission pursuant to Sections 137-51 (Authorization for Development of Single Buildings and Enlargements) or 137-52 (Authorization for Development of Multiple Buildings), as applicable.

For the purposes of determining which authorization shall be applicable, the zoning lot upon which the development shall occur shall be considered to be a tract of land that existed under separate ownership from all adjoining tracts of land on April 24, 2017.

For the purposes of such authorizations, the alteration of any existing building resulting in the removal of more than 75 percent of the floor area and more than 25 percent of the perimeter walls of such existing building, and the replacement of any amount of floor area, shall be considered a development.

The provisions of Section 137-50, inclusive, shall not apply to the reconstruction of any building that was damaged to the extent of 50 percent or more due to the effects of Hurricane Sandy, as defined in Article VI, Chapter 4 (Special Regulations Applying in Flood Hazard Areas), or to the reconstruction of a garage accessory to a single-family residence or two-family residence.

The provisions of Section 64-92 (Special Permit for Modification of Certain Zoning Regulations) shall be inapplicable to a building that is developed pursuant to this Section, inclusive.

The City Planning Commission may authorize a horizontal enlargement, or a development consisting of no more than one building containing a non-accessory use, on one or more zoning lots, and may modify the bulk regulations of the underlying district, except floor area ratio regulations, provided that:

(a)        the site plan, to the extent practicable, minimizes the need for new paving and impervious surfaces upon the zoning lot;

(b)        the site plan provides access to the new or enlarged building using streets that were improved and open to traffic on the date of application for an authorization, and which serve other occupied buildings;

(c)        the site plan, to the extent practicable, minimizes adverse effects on wetlands, planned open space, drainage, or other functions in the surrounding area;

(d)        the resulting building and other site improvements would not impair the essential ecological character of the surrounding area for its future use as open space;

(e)        the site plan and resulting building incorporate such measures as are reasonable to minimize risks to public safety from natural hazards such as flooding and wildfires; and

(f)        where the Commission is modifying bulk regulations, such modifications are the minimum necessary to protect, or provide buffering from, wetlands or wetland-adjacent areas.

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

The City Planning Commission may authorize a development consisting of more than one building on one or more zoning lots, and may modify the bulk regulations of the underlying district, except floor area ratio regulations, provided that:

(a)        all zoning lots comprising such development together provide a minimum of 9,500 square feet of lot area per building, where no portion of such lot area shall contain delineated wetland on a wetland survey reviewed by the New York State Department of Environmental Conservation (NYSDEC). Such review by the NYSDEC shall have occurred no more than two years prior to the date of application for this authorization;

(b)        the development satisfies the findings of paragraphs (a) through (e) of Section 137-51 (Authorization for Development of Single Buildings and Enlargements);

(c)        where the Commission is modifying bulk regulations, such modifications shall:

(1)        facilitate the configuration of buildings in order to protect, or provide buffering from, adjacent wetlands, open space and natural resources;

(2)        facilitate, to the extent practicable, the configuration of buildings in proximity to the location of existing buildings within the area;

(3)        limit the need for new paving and impermeable surfaces; and

(4)        be consistent with the scale and character of the surrounding area.

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

Map 1 - Special Coastal Risk District 1, in Broad Channel, Community District 14, Borough of Queens (6/21/17)

Map 2 - Special Coastal Risk District 2, in Hamilton Beach, Community District 10, Borough of Queens (6/21/17)

Map 3 - Special Coastal Risk District 3, encompassing New York State Enhanced Buyout Areas in Graham Beach and Ocean Breeze, Community District 2, Borough of Staten Island (9/7/17)

Map 4 - Special Coastal Risk District 3, encompassing New York State Enhanced Buyout Areas in Oakwood Beach, Community District 3, Borough of Staten Island (9/7/17)

The "Special East Harlem Corridors 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 and guide the development of East Harlem as a dynamic mixed-use neighborhood by permitting the expansion and development of residential, commercial, community facility and light manufacturing uses in appropriate areas;

(b)        to encourage the development of residential uses along appropriate corridors;

(c)        to encourage the development of permanently affordable housing;

(d)        to facilitate the development of high-density commercial and manufacturing uses in order to locate jobs near transit connections;

(e)        to enhance the vitality of both existing and emerging commercial corridors by ensuring that ground floor frontages are occupied by active uses that enliven the pedestrian experience along the street;

(f)        to ensure that the form and use of new buildings relates to and enhances neighborhood character and responds to unique neighborhood conditions such as the Park Avenue viaduct; and

(g)        to promote the most desirable use of land in the area and thus preserve, protect and enhance the value of land and buildings and thereby protect City tax revenues.

The provisions of this Chapter shall apply within the Special East Harlem Corridors 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 East Harlem Corridors District Plan. The District Plan includes the map, "Special East Harlem Corridors District and Subdistrict," in the Appendix to this Chapter which is hereby incorporated and made part of this Resolution for the purpose of specifying locations where the special regulations and requirements set forth in this Chapter apply.

In order to carry out the provisions of this Chapter, the Park Avenue Subdistrict is established within the Special East Harlem Corridors District. The location of the Subdistrict is shown in the Appendix to this Chapter.

In the event of a conflict between the provisions of this Chapter and Article IX, Chapter 5 (Special Transit Land Use District), the provisions of Article IX, Chapter 5 shall control.

In M1 Districts paired with a Residence District, the special use, bulk and parking and loading provisions of Article XII, Chapter 3 (Special Mixed Use Districts) shall apply, except where modified by the provisions of this Chapter, and shall supplement or supersede the provisions of the designated Residence or M1 District, as applicable.

In the Special East Harlem Corridors District, buildings containing residences shall be developed or enlarged in accordance with the Quality Housing Program and the regulations of Article II, Chapter 8 shall apply. The bulk regulations of this Chapter shall be considered the applicable bulk regulations for Quality Housing buildings.  

For the purposes of applying the Inclusionary Housing Program set forth in Section 23-90 (INCLUSIONARY HOUSING), the Special East Harlem Corridors District shall be a Mandatory Inclusionary Housing area.

The use regulations of the underlying districts, or Article XII, Chapter 3 (Special Mixed Use Districts), as applicable, are modified by the provisions of this Section, inclusive.

In C4 or C6 Districts, the underlying provisions of Section 32-422 (Location of floors occupied by commercial uses) shall be modified, for mixed buildings that are developed or enlarged, 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 no commercial uses are 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.

C1-5 C2-5 C4-6 C6-4 M1-6/R9 M1-6/R10

In the districts indicated, the development or enlargement of a building containing a transient hotel, as listed in Section 32-14 (Use Group 5), or the conversion or change of use within an existing building to a transient hotel, shall only be allowed:

(a)        upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings that the residential development goal, as set forth in this Section, has been met, or

(b)        where such residential development goal, has not been met, by special permit by the City Planning Commission. To permit such a transient hotel, the Commission shall find that:

(1)        sufficient sites are available in the area to meet the residential development goal; or

(2)        a harmonious mix of residential and non-residential uses has been established in the area, and such transient hotel is consistent with the character of the surrounding area.

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

For the purpose of applying the provisions of this Section, the residential development goal shall be met when at least 3,865 dwelling units within the combined areas of the Special East Harlem Corridors District, and the Park Avenue Hub Subdistrict, as shown on Map 1 in Appendix A of Article IX, Chapter 7 (Special 125th Street District), have received temporary or final certificates of occupancy subsequent to November 30, 2017.

Within the Special East Harlem Corridors District, the provisions of Section 73-36 (Physical Culture or Health Establishments) shall not apply. In lieu thereof, physical culture or health establishments shall be permitted as-of-right in C2-5, C4-6 and C6-4 Districts, and in M1 Districts paired with an R9 or R10 District.

C1-5 C2-5 C4-6 C6-4 M1-6/R9 M1-6/R10

In the districts indicated, for the purpose of applying regulations applicable to public parking garages set forth in Article III, Chapter 2 (Use Regulations) and Article III, Chapter 6 (Accessory Off-street Parking and Loading Regulations), the regulations set forth for C1-4 Districts shall apply to C1-5 Districts, and the regulations set forth for C2-4 Districts shall apply to all other districts. In an M1 District paired with an R9 or R10 District, the regulations of public parking garages in Article XII, Chapter 3 (Special Mixed Use Districts) shall not apply. In lieu thereof, the regulations set forth for C2-4 Districts shall apply.

In the Special East Harlem Corridors District, all developments and enlargements shall comply with the bulk regulations for Quality Housing buildings, as modified by the provisions of this Section, inclusive.

In all districts, the floor area provisions of Section 138-21 (Floor Area Regulations), inclusive, and the street wall location provisions of Section 138-22 (Street Wall Regulations), shall apply. In Commercial Districts, the height and setback provisions of Section 138-23 (Height and Setback Regulations in Commercial Districts) shall apply. In M1 Districts paired with an R9 or R10 District, the height and setback provisions set forth in Section 138-24 (Height and Setback Regulations in M1 Districts Paired With an R9 or R10 District) shall apply.

Within the Special East Harlem Corridors District, the underlying floor area regulations shall apply as modified in this Section, inclusive.

(a)        In certain Commercial Districts and in Manufacturing Districts paired with a Residence District, as shown on Map 2 of the Appendix to this Chapter, for any zoning lot containing residential floor area, the maximum residential floor area ratio shall be modified as follows:

(1)        for zoning lots complying with the applicable provisions of paragraph (d)(3) of Section 23-154 (Inclusionary Housing) or, for affordable independent residences for seniors, the maximum residential floor area ratio set forth on Map 2 shall apply;

(2)        for zoning lots utilizing the provisions of paragraphs (d)(4)(i) or (d)(4)(iii) of Section 23-154, the maximum residential floor area ratio shall apply as modified in the table below:

Maximum residential floor area ratio shown on Map 2

Modified maximum residential floor area ratio

8.5

7.52

9.0

7.52

10.0

9.0

(3)        except in C2 Districts subject to the provisions of paragraph (b) of this Section, the maximum floor area ratio for any combination of uses shall be the maximum floor area ratio specified in paragraphs (a)(1) or (a)(2) of this Section, whichever is applicable; and

(4)        in C4-6 Districts and in C2 Districts mapped within an R9 or R10 District, the floor area provisions of Sections 33-13 (Floor Area Bonus for a Public Plaza) or 33-14 (Floor Area Bonus for Arcades) shall not apply.

(b)        In C2 Districts mapped within an R7D District that is also located within 100 feet of Park Avenue, the maximum community facility floor area ratio shall be 6.5, except that the applicable provisions of paragraph (d) of Section 33-121 (In districts with bulk governed by Residence District bulk regulations) shall apply to zoning lots containing philanthropic or non-profit institutions with sleeping accommodations or long-term care facilities.

(c)        Any floor space occupied by a subway entrance provided pursuant to the provisions of Section 138-33 (Off-street Relocation or Renovation of a Subway Stair) shall not count as floor area.

Within the Park Avenue Subdistrict, as shown on Map 1 of the Appendix to this Chapter, the floor area ratio regulations of Section 138-211 are further modified in this Section.

(a)        Required non-residential floor area ratio

Where a development or enlargement of a building on a zoning lot, or portion thereof, located within the Park Avenue Subdistrict contains residential floor area, such zoning lot shall provide a minimum non-residential floor area ratio as set forth below:

(1)        in M1-6 Districts paired with an R9 District, a minimum non-residential floor area ratio of 1.0 shall be provided;

(2)        in C6-4 Districts, and in M1-6 Districts paired with an R10 District whose maximum residential floor area ratio is 10.0, a minimum non-residential floor area ratio of 1.5 shall be provided; and

(3)        in M1-6 Districts paired with an R10 District whose maximum residential floor area ratio is 12.0, a minimum non-residential floor area ratio of 1.5 shall be provided.

(b)        Maximum floor area ratio for zoning lots within M1-6 Districts paired with an R9 District

In M1-6 Districts paired with an R9 District, the maximum floor area ratio for any use, or any combination of uses, shall not exceed 8.5.

(c)        Modified maximum floor area ratio for certain zoning lots

The floor area ratios set forth in paragraphs (a) and (b) of this Section, and in Section 138-211, shall be modified, as follows:

(1)        the minimum non-residential floor area requirements set forth in paragraph (a) of this Section shall be optional for zoning lots existing on or before November 30, 2017, with a lot area of less than 5,000 square feet;

(2)        for zoning lots subject to paragraph (c)(1) of this Section, the maximum floor area ratio for all uses shall be set forth as follows:

Maximum floor area ratio shown on Map 2

Modified maximum floor area ratio

8.5

7.52

10.0

9.0

All developments and enlargements within the Special East Harlem Corridors District shall comply with the street wall regulations of Section 35-651 (Street wall location), as specified and modified in this Section. Where M1 Districts are paired with R9 or R10 Districts, developments and enlargements within such districts shall comply with the provisions of paragraph (b) of this Section. The applicable provisions of Section 35-651 are specified and modified as follows:

(a)        Along wide streets other than Park Avenue

Along all wide streets other than Park Avenue, and along narrow streets within 50 feet of an intersection with such wide street, the provisions of paragraph (b) of Section 35-651 shall apply, except that the minimum base height shall be 60 feet, or the height of the building, whichever is less.

(b)        Along Park Avenue

Along Park Avenue and along narrow streets located within 100 feet of Park Avenue, the provisions of paragraph (a) of Section 35-651 shall apply, except that the minimum base height shall be 40 feet, or the height of the building, whichever is less.

(c)        Along all other streets

Along all streets not subject to the provisions of paragraph (a) or (b) of this Section, the provisions of paragraph (a) of Section 35-651 shall apply, except that the minimum base height shall be 60 feet, or the height of the building, whichever is less.

(d)        Within flood zones

For buildings within the flood zone, the provisions of paragraphs (a), (b) and (c) of this Section, as applicable, shall be modified as follows:

(1)        for developments or horizontal enlargements, or portions thereof, where no transparent materials are provided on the ground floor level street wall below a height of four feet above the level of the adjoining sidewalk pursuant to the provisions of Section 37-34 (Minimum Transparency Requirements), for a continuous distance of more than 25 feet, such street wall shall be located at least three feet beyond the street line;

(2)        for portions of developments and enlargements where the provisions of paragraph (a) of this Section apply, such street wall shall not be located beyond five feet of the street line, except that such street wall may be located beyond such distance pursuant to the applicable provisions of paragraph (b) of Section 35-651 or of Section 64-333 (Street wall location in certain districts); and

(3)        the area between such street wall and the sidewalk, or portions thereof, that do not contain any planting pursuant to the provisions of paragraph (a) of Section 138-32 (Special Streetscape Provisions for Blank Walls), shall be improved to Department of Transportation standards for sidewalks, be at the same level as the adjoining public sidewalk and be accessible to the public at all times. In addition, such area shall provide visual mitigation elements in accordance with the provisions of Section 138-32.  

In Commercial Districts, the underlying height and setback provisions are modified as follows:

(a)        Basic Height and Setback Regulations

In Commercial Districts, the maximum height of buildings or other structures shall be as set forth in Sections 35-652 (Maximum height of buildings and setback regulations) or 35-654 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), as applicable, except that:

(1)        the minimum base heights shall be modified by the provisions of Section 138-22 (Street Wall Regulations);

(2)        in C2 Districts mapped within an R9 District that is also located within 100 feet of Third Avenue, the maximum building height for buildings utilizing the provisions of Section 35-654 shall be modified to 215 feet, and the maximum number of stories permitted pursuant to such Section shall be 21;

(3)        in C4-6 Districts whose maximum residential floor area ratio is 9.0, as set forth on Map 2 of the Appendix to this Chapter, the applicable provisions of Sections 35-652 or 35-654 for R9 Districts shall apply, except that the minimum base height set forth in Section 138-22 shall apply, the maximum building height for buildings utilizing the provisions of Section 35-654 shall be modified to 215 feet, and the maximum number of stories permitted pursuant to Section 35-654 shall be 21;

(4)        in a C2 District mapped within an R7D District that is also located within 100 feet of Park Avenue, the maximum building height for buildings utilizing the provisions of Section 35-654 shall be modified to 125 feet and the maximum number of stories permitted pursuant to such Section shall be 12; and

(5)        where applicable, in lieu of the provisions of this paragraph, the provisions of paragraph (b) of this Section may be applied.

The regulations of paragraph (b)(2) of Section 35-652 relating to requirements for qualifying ground floors, where otherwise applicable, shall not apply. In lieu thereof, the provisions of Section 138-30 (STREETSCAPE REQUIREMENTS), inclusive, shall apply.

(b)        Alternate Height and Setback Regulations in Certain Districts

In C2 Districts mapped within an R9 or R10 District, or in C4-6 or C6-4 Districts, as an alternative to the provisions of paragraph (a) of this Section, the provisions of this paragraph may be applied to zoning lots meeting the applicable 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), or to zoning lots where 50 percent or more of the floor area is occupied by non-residential uses.

(1)        Setbacks

At a height not lower than the minimum base height specified in Section 138-22 (Street Wall Regulations), nor higher than a maximum base height of 85 feet, a setback shall be provided in accordance with paragraph (c) of Section 23-662 (Maximum height of buildings and setback regulations). Above such required setback, any portion of such building shall be considered a "tower."

(2)        Lot coverage requirements for towers

Each story of a tower containing residential floor area shall not exceed a maximum lot coverage of 40 percent, except that, for zoning lots of less than 20,000 square feet, such lot coverage may be increased in accordance with the table in Section 23-65 (Tower Regulations). Each story of a tower containing exclusively non-residential floor area shall not exceed a maximum lot coverage of 50 percent. However, where dormers are provided within the required setback, such portions of buildings shall not count toward the maximum allowable tower lot coverage set forth in this paragraph.

(3)        Maximum tower height

(i)        The maximum tower height shall be set forth on Map 3 of the Appendix to this Chapter.

(ii)        In C2 Districts mapped within R9 Districts that are also located within the Special Transit Land Use District, for zoning lots which include a transit easement in accordance with the applicable provisions of Article IX, Chapter 5 (Special Transit Land Use District), the maximum tower height shall be:

(a)        325 feet for zoning lots which include ancillary facilities with emergency egress and/or ventilation structures as specified in Section 95-032 (Determination of transit easement at other stations); and

(b)        215 feet for zoning lots which include only transit facilities specified in Section 95-032 other than ancillary facilities with emergency egress and/or ventilation structures.

In M1 Districts paired with an R9 or R10 District, the applicable street wall location and minimum base height provisions of paragraph (b) of Section 138-22 (Street Wall Regulations) shall apply, and the applicable maximum height of buildings or other structures and setback provisions set forth in Section 123-66 (Height and Setback Regulations), inclusive, shall apply as modified in this Section.

(a)        In M1 Districts paired with an R9 District, at a height not lower than the minimum base height set forth in Section 138-22, nor higher than a maximum base height of 105 feet, a setback shall be provided in accordance with paragraph (c) of Section 23-662 (Maximum height of buildings and setback regulations). The maximum building height shall be 215 feet;

(b)        in M1 Districts paired with an R10 District whose maximum floor area ratio is 10.0, at a height not lower than the minimum base height set forth in Section 138-22, nor higher than a maximum base height of 155 feet, a setback shall be provided in accordance with paragraph (c) of Section 23-662. The maximum building height shall be 275 feet; and

(c)        in M1 Districts paired with an R10 District whose maximum floor area ratio is 12.0, at a height not lower than the minimum base height set forth in Section 138-22, nor higher than a maximum base height of 155 feet, a setback shall be provided in accordance with paragraph (c) of Section 23-662. The maximum building height shall be 295 feet.

The provisions of this Section, inclusive, shall apply to developments or ground floor level enlargements in all districts. In Commercial Districts mapped within R7D Districts, the underlying provisions of Section 32-434 (Ground floor use in C4-5D and C6-3D Districts and in certain C2 Districts) shall not apply. Any portion of a ground floor level that is within a transit easement required pursuant to the provisions of Article IX, Chapter 5, or any portion of a ground floor level that contains a subway entrance required pursuant to the provisions of Section 138-33 (Off-street Relocation or Renovation of a Subway Stair), need not comply with the streetscape requirements of this Section, inclusive.

The special ground floor level streetscape provisions set forth in Section 37-30, shall apply to Second Avenue, Third Avenue, Lexington Avenue, Park Avenue and East 116th Street, within the Special East Harlem Corridors District which, for the purposes of applying such provisions, shall be considered designated retail streets, and any portion of a ground floor level street frontage along the designated retail streets, as well as any narrow street frontage within 50 feet of such streets, shall be considered primary street frontages. A ground floor level street frontage along any other street shall be considered a secondary street frontage. For the purposes of this Section, defined terms shall also include those defined in Section 37-311 (Definitions).

(a)        Along primary street frontages

For buildings, or portions thereof, with primary street frontage, uses on the ground floor level, to the minimum depth set forth in Section 37-32 (Ground Floor Depth Requirements for Certain Uses), shall be limited to non-residential uses, except for Type 2 lobbies and entrances and exits to accessory parking spaces provided in accordance with the applicable provisions of Section 37-33 (Maximum Width of Certain Uses). Group parking facilities located on the ground floor level shall be wrapped by floor area in accordance with the provisions of paragraph (a) of Section 37-35 (Parking Wrap and Screening Requirements). Ground floor level street walls shall be glazed in accordance with the provisions set forth in Section 37-34 (Minimum Transparency Requirements), except that:

(1)        in M1-6 Districts paired with an R9 or R10 District, where the ground floor level is occupied by uses in Use Groups 16, 17 and 18, up to 50 percent of the ground floor level street wall width may be exempt from such regulations, provided that any street wall width exceeding 50 feet with no transparent elements on the ground floor level shall provide planting or screening in accordance with the provisions of paragraphs (a) or (e) of Section 138-32 (Special Streetscape Provisions for Blank Walls) for at least 75 percent of such blank wall; and

(2)        in flood zones, where no transparent materials or building entrances or exits are provided on the ground floor level street wall lower than a height of four feet above the level of the adjoining sidewalk for a continuous width of at least 15 feet, visual mitigation elements shall be provided in accordance with Section 138-32 for such blank wall.

(b)        Along secondary street frontages

For buildings, or portions thereof, with secondary street frontage, all uses permitted by the underlying district shall be permitted on the ground floor level, provided that any group parking facilities on the ground floor level shall be wrapped or screened in accordance with Section 37-35.

The level of the finished floor of such ground floor shall be located not higher than five feet above nor lower than five feet below the as-built level of the adjoining street.

Where visual mitigation elements are required on a blank wall along the ground floor level street wall pursuant to the provisions of Section 138-31 (Ground Floor Use Regulations), at least 75 percent of the linear footage of any such blank wall shall be treated by one or more of the following visual mitigation elements which shall be provided on the zoning lot, except where such elements are permitted within the street under other applicable laws or regulations. Such features, when utilized as visual mitigation elements, shall include:

(a)        Planting

Any combination of perennials, annuals, decorative grasses or shrubs shall be provided in planting beds, raised planting beds or planter boxes in front of the street wall. Each foot in width of a planting bed, raised planting bed or planter box, as measured parallel to the street wall, shall satisfy one linear foot of frontage mitigation requirements. Such planting bed shall extend to a depth of at least three feet, inclusive of any structure containing the planted material. Any individual planted area shall have a width of at least five feet, and the height of such planting, inclusive of any structure containing the planted materials, shall be at least three feet.

Where a blank wall exceeds a street wall width of 50 feet, at least 25 percent of such street wall width shall be planted in accordance with the provisions of this paragraph.

(b)        Benches

Fixed benches with or without backs shall be provided in front of the street wall. Unobstructed access shall be provided between such benches and an adjoining sidewalk or required circulation paths. Each linear foot of bench, as measured parallel to the street wall, shall satisfy one linear foot of frontage mitigation requirement. Any individual bench shall have a width of at least five feet, and no more than 20 feet of benches may be used to fulfill such requirement per 50 feet of frontage.    

(c)        Bicycle racks

Bicycle racks, sufficient to accommodate at least two bicycles, shall be provided in front of the street wall, and oriented so that the bicycles are placed parallel to the street wall. Each bicycle rack so provided shall satisfy five linear feet of frontage mitigation requirement. No more than three bicycle racks may be used to fulfill such requirement per 50 feet of frontage.    

(d)        Tables and chairs

Fixed tables and chairs shall be provided in front of the street wall. Each table shall have a minimum diameter of two feet, and have a minimum of two chairs associated with it. Each table and chair set so provided shall satisfy five linear feet of frontage mitigation requirement.  

(e)        Wall treatment

Wall treatment, in the form of permitted signs, graphic or sculptural art, rustication, decorative screening or latticework, or living plant material, shall be provided along the street wall. Each linear foot of wall treatment shall constitute one linear foot of frontage mitigation requirement. Such wall treatment shall extend to a height of at least 10 feet, as measured from the level of the adjoining sidewalk or grade, and have a minimum width of 10 feet, as measured parallel to the street wall.

Where a development or enlargement is constructed on a zoning lot of at least 5,000 square feet that fronts on a portion of sidewalk containing a stairway entrance or entrances into the 116th Street Station of the Lexington Avenue subway line, such development or enlargement shall be subject to the regulations of Section 37-40 (OFF-STREET RELOCATION OR RENOVATION OF A SUBWAY STAIR).

The applicable parking and loading regulations of Article II, Chapter 5, Article III, Chapter 6, Article IV, Chapter 4 (ACCESSORY OFF-STREET PARKING AND LOADING REGULATIONS) or Section 123-70 (PARKING AND LOADING), inclusive, shall be modified in this Section, inclusive.

In the Special East Harlem Corridors District, no accessory off-street parking shall be required for residences. Off-street parking shall be permitted in accordance with the underlying district regulations.

Map 1: Special East Harlem Corridors District and Subdistrict (11/30/17)

Map 2: Maximum Residential Floor Area Ratio (11/30/17)

Map 3: Maximum Height (5/29/19)

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