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 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.

In C7 Districts, outdoor amusement parks listed under Use Group VIII, of any size, shall be permitted. 

1. In the Coney East Subdistrict, in lieu of the underlying C7 sign regulations, the sign regulations for a C6-7 District 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.
2. 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.

The underlying height and setback regulations shall apply except as modified in this Section, inclusive. The height of all buildings or other structures shall be measured from the base plane.

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

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 22nd 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.

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. However, for transit-adjacent sites or qualifying transit improvement sites, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI, Chapter 6 shall control. For the purposes of this paragraph, defined terms additionally include those in Section 66-11 (Definitions).

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:

1. is an interior lot fronting along a designated commercial street;
2. 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;
3. has a width of at least 60 feet, as measured along the street line of the designated commercial street; and 
4. has a lot area of at least 5,700 square feet.

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.

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

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.

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.

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;

(f)        to provide additional opportunities for new development in defined areas of the southern part of the Island with connections to and an appropriate relationship with publicly accessible open spaces and the Governors Island Historic District;

(g)        to provide flexibility of architectural design within limits established to preserve views and activate buildings along publicly accessible open spaces;

(h)        to create a network of publicly accessible open spaces that provides pedestrian connections and view corridors and provides a community amenity that takes advantage of the unique geography of the Island; and

(i)        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.

The use regulations of the underlying districts are hereby superseded, modified or supplemented as set forth in this Section, inclusive

In the Northern Subdistrict, the underlying bulk regulations shall apply, as superseded, modified, or supplemented by this Section, inclusive. The bulk regulations of a C1 District mapped within an R3-2 District shall apply to all commercial uses.

In the Southern Subdistrict, the underlying bulk regulations shall not apply. In lieu thereof, the provisions of this Section, inclusive, shall apply. All heights within the Southern Subdistrict shall be measured from the base plane, except as otherwise provided for by the provisions of Article VI, Chapter 4 (Regulations Applying in Special Flood Hazard Areas).

For the purposes of applying the regulations of this Section, inclusive, to the esplanade, the open area required by paragraph (d) of Section 134-44 shall be considered part of the esplanade.

In the Southern Subdistrict, the ground floor and streetscape requirements of this Section, inclusive, shall apply to all buildings.

In the Southern Subdistrict, connections and open spaces shall be provided as set forth in this Section, inclusive.

(a)        No building permit shall be issued by the Department of Buildings for a development or enlargement on a building parcel until the Chairperson of the City Planning Commission certifies to the Commissioner of Buildings that a site plan designating the location of any connection or open area required within or adjacent to such building parcel by Sections 134-41 through 134-44, has been approved by the Chairperson.

Notwithstanding the foregoing, the Chairperson shall allow for the phased development of such connections or open area within each building parcel, or portion thereof, upon certification to the Commissioner of Buildings that a site plan has been submitted that provides for the location of any connection or open space required by Sections 134-41 through 134-44, in association with the development or enlargement of a building or buildings within each phase.

(b)        An application under this Section shall be filed with the Chairperson of the City Planning Commission and such application shall include a site plan indicating the area and dimensions of the connections and open area, or portions thereof, in the phase that is subject to the application, which shall demonstrate that:

(1)        any partial connections and open areas are of sufficient length and width to provide adequate site access for the benefit of residents and workers in the phase to which they relate, as well as for the general public;

(2)        the site plan is consistent with, and appropriate in relation to, any previously approved plan for other phases; and

(3)        the site plan is consistent with the requirements set forth in this Section, inclusive.

(c)        No temporary certificate of occupancy from the Department of Buildings may be issued for any portion of a development or enlargement within a phase until the connections and open areas, or portions thereof associated with such phase, are substantially complete in accordance with the site plan, and are useable by the public.

(d)        No permanent certificate of occupancy from the Department of Buildings may be issued for any portion of such development or enlargement within a phase until the connections and open areas, or portions thereof associated with such phase, are fully complete in accordance with the site plan.

The off-street parking and loading regulations of the underlying districts shall not apply, exclusive of bicycle parking, in the Special Governors Island District. In lieu thereof, the provisions of this Section 134-50, inclusive, shall apply.

No accessory off-street parking facilities or loading berths shall be required for any development or enlargement within the Special Governors Island District.

Accessory off-street parking spaces may be provided for all permitted uses. Within the Southern Subdistrict a maximum of 200 such spaces shall be permitted.

Accessory off-street loading berths may be provided for all permitted uses. All loading berths within the Southern Subdistrict shall either be enclosed or screened from the Open Space Subarea, as well as any connections and open spaces required pursuant to Section 134-40 (REQUIREMENTS FOR CONNECTIONS AND OPEN AREAS), inclusive, with planting, solid walls or fences, except that screening may be interrupted by vehicular and pedestrian entrances.

No more than two entrances to enclosed facilities containing off-street parking spaces, loading berths, or a combination thereof shall be permitted on street walls facing the Open Space Subarea, per building parcel. Such limitation shall not apply to street walls facing a primary connection or secondary connection.

The underlying bicycle parking regulations of Section 25-80, inclusive and Section 36-70 (BICYCLE PARKING), inclusive, shall apply in the Special Governors Island District. For any use permitted in the Southern Subdistrict where the number of required bicycle parking spaces is not provided in the tables in Sections 25-811 or 36-711 (Enclosed bicycle parking spaces), the required number of bicycle parking spaces for such use shall be one per 10,000 square feet of floor area.

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

The bulk regulations of the underlying district shall apply, except as modified by the provisions of this Section, inclusive. Sky exposure plane buildings shall not be permitted.

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

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

The height and setback regulations of the underlying district shall apply except as modified by the provisions of this Section, inclusive.

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 “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.

For transit-adjacent sites, as defined in Section 66-11 (Definitions), in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI, Chapter 6 shall control.

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 Zones), the provisions of Article VI, Chapter 4 shall control, except as specifically modified in this Chapter.

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).

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 3, the provisions of Article V, Chapter 2 (Non-conforming Uses) shall be modified as set forth in this Section. In addition, the provisions of Article VI, Chapter 5 (Special Regulations Applying in Designated Recovery Areas) and Section 64-61 (Special Provisions for Non-conforming Uses) shall not apply.

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.

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. In addition, the provisions of Article VI, Chapter 5 (Special Regulations Applying in Designated Recovery Areas) and Section 64-60 (SPECIAL REGULATIONS FOR NON-CONFORMING USES AND NON-COMPLYING BUILDINGS) shall not apply.

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 a garage accessory to a single-family residence or two-family residence.

The provisions of Section 73-81 (Special Permit for Modification of Certain Zoning Regulations) shall be inapplicable to a building that is developed pursuant to this Section, inclusive.

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 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 the Special East Harlem Corridors District, the underlying bulk regulations shall apply except 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.

The applicable loading regulations of Article III, Chapter 6 (ACCESSORY OFF-STREET PARKING AND LOADING REGULATIONS) shall be modified in this Section, inclusive.

The “Special Gowanus Mixed Use District” established in this Resolution is designed to promote and protect the public health, safety and general welfare of the Gowanus neighborhood and the greater community. These general goals include, among others, the following specific purposes:

(a)        to recognize and enhance the vitality and character of an existing mixed use neighborhood;

(b)        to encourage stability and growth in the Gowanus neighborhood by permitting compatible light manufacturing and residential uses to coexist;

(c)        to encourage investment in a mixed use neighborhood by permitting the expansion and new development of a wide variety of uses in a manner that ensures the health and safety of residents and employees;

(d)        to improve the physical appearance of the streetscape by providing and coordinating harmonious open space, sidewalk amenities and landscaping within a consistent urban design;

(e)        to promote and enhance visual and physical access to and around the Gowanus Canal;

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

(g)        to expand local employment opportunities and to promote the opportunity for workers to live in the vicinity of their work; and

(h)        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.

In Subdistricts A, B, C, and D the underlying use regulations shall be modified by the provisions of this Section, inclusive. In Subdistrict E, the underlying district regulations shall apply.

In Subdistricts A, B, C and D, the bulk regulations of the applicable underlying districts shall be modified by the provisions of this Section, inclusive. In Subdistrict E, the underlying regulations shall apply.

In Subdistrict A, the provisions of Section 34-112 (Residential bulk regulations in other C1 or C2 Districts or in C3, C4, C5 or C6 Districts) shall be modified so that, in C4-4D Districts, the applicable residential equivalent shall be an R9A District, as modified by the provisions of this Chapter.

In Subdistricts A, B, C, and D, the underlying parking and loading regulations shall be modified by the provisions of this Section. On waterfront blocks, the provisions of Section 62-40 shall not apply. In Subdistrict E, the underlying regulations shall apply.

In all Subdistricts, the provisions of this Section shall apply to all zoning lots, as specified below.

The provisions of Article VI, Chapter 2 (Special Regulations Applying in the Waterfront Area), shall apply, except as superseded, supplemented or modified by the provisions of this Section, inclusive.

The boundaries of the area comprising the Gowanus Canal Waterfront Access Plan, and the location of certain features mandated or permitted by the Plan, are shown on the maps in Appendix B of this Chapter.

The waterfront access plan has been divided into Parcels as shown on Map 1 of Appendix B of this Chapter, consisting of tax blocks and lots existing on September 22, 2021, as follows:

Parcel 1:        Block 417, Lots 1, 10, 14, 21

Parcel 2:        Block 424, Lots 1, 20

Parcel 3:        Block 431, Lots 1, 2, 5, 6, 7, 12, 17, 43

Parcel 4:        Block 425, Lot 1

                        Block 432, Lots 15, 25, 7501

Parcel 5:        Block 439, Lot 1

Parcel 6a:      Block 438, Lot 7

Parcel 6b:     Block 438, Lots 1, 2, 3

                       Block 445, Lots 1, 7, 8, 11, 20, 50

Parcel 7:       Block 452, Lots 1, 5, 19

                       Block 458, Lot 1

Parcel 8a:     Block 453, Lots 1, 21

Parcel 8b:     Block 453, Lot 26

Parcel 8c:      Block 453, Lots 30, 31, 32, 33, 35, 36, 38, 39, 41, 42, 43, 44, 44, 45, 46, 48, 49, 50, 51

Parcel 8d:      Block 453, Lot 54

Parcel 9:        Block 967, Lot 1

Parcel 10:      Block 967, Lot 24

Parcel 11:      Block 972, Lots 1, 43, 58

Parcel 12a:    Block 462, Lots 12, 14

Parcel 12b:    Block 462, Lots 6, 8, 9, 42, 44

Parcel 12c:     Block 462, Lots 1, 3, 4, 5, 50, 51

Parcel 13:       Block 466, Lot 19

Parcel 14a:     Block 466, Lots 17, 60

Parcel 14b:    Block 466: Lot 1

Parcel 14c:     Block 466, Lot 46

Parcel 15a:        Block 471, Lot 125

Parcel 15b:        Block 471, Lot 104, 110, 114, 116

Parcel 16:        Block 471, Lots 1,100

Parcel 17:        Block 471, Lot 200

For the purposes of this Section, inclusive, the definition of development shall be as set forth in Section 62-11 (Definitions).

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, or for transit-adjacent sites, as defined in Section 66-11 (Definitions), in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Hazard Areas), or Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI shall control.

^{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 VI, Chapter 2 (Special Regulations Applying in the Waterfront Area), shall not apply in the Special Coney Island District.

For purposes of this Chapter, matter in italics is defined in Sections 12-10 (DEFINITIONS), 32-301 (Definitions), or in this Section.

Outdoor amusement parks

For the purposes of this Chapter, the definition of “outdoor amusement park” set forth in Section 12-10 shall be modified to also include recreational attractions, rides, games and other forms of entertainment for visitors of all ages, as found in North American Industry Classification System (NAICS) industry code 71311 (Amusement and Theme Parks) that are enclosed within a building or other structure. 

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, where permitted pursuant to Section 32-153 (Use Group V – uses subject to additional conditions).

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

The use regulations of the underlying C7 District are modified as set forth in this Section. The provisions of Section 32-15 (Transient Accommodations) are modified to apply in a C7 District. 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: 

1. 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. 
2. 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.
3. 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.

1. 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.
2. Transient hotels
   1. Where permitted pursuant to Section 32-15, 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.
3. Depth of ground floor uses and transparency
   
   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.
   
   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 131-12, shall be glazed in accordance with the provisions of Section 37-34 (Minimum Transparency Requirements). 
   
   However, in lieu of such transparency requirements, 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.
4. 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). 
5. 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 uses listed under Amusement and Recreation Facilities in Use Group VIII shall be permitted. Additionally, no size limitations shall apply to outdoor amusement parks.

The provisions of Section 32-421 (Limitation on floors occupied by commercial uses) shall be modified such that the limitations set forth in paragraphs (a), (b) and (e) of such Section shall not apply.

In the Coney North and Coney West Subdistricts, 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).

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)        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

1. Maximum floor area ratio
   
   The maximum floor area ratios for zoning lots containing standard residences and maximum floor area ratios for zoning lots containing qualifying affordable housing or qualifying senior housing are set forth in the table in this Section. 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	Maximum floor area ratio for standard residences	Maximum floor area ratio for qualifying affordable housing or qualifying senior housing
   Coney West Parcels: A, B, C, D	R7D	4.8	5.8
   Coney West Parcels: E, F	R7D	4.6	5.5
   Coney North	R7X	4.0	5.0
   Mermaid Avenue	R7A	3.8	4.6

2. 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.

Within the Special Coney Island District, the provisions of Section 33-42 (Permitted Obstructions) shall apply to any building or other structure. In addition, a dormer shall be allowed as a permitted obstruction pursuant to paragraph (b) of Section 23-413 (Permitted obstructions in certain districts).

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 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 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.

All portions of a building or other structure shall comply with the height and setback regulations of the underlying district, except as set forth by the provisions of this Section. On Mermaid Avenue, and along all street frontages within 50 feet of Mermaid Avenue, the street wall location provisions of paragraph (a) Section 35-631 shall apply, except that the street wall shall rise to a minimum base height of 40 feet or the height of the building, whichever is less.

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.

1. Minimum and maximum areas
   
   No such setback area shall be less than 240 square feet nor greater than 1,000 square feet. 
2. Pavement
   
   The setback area shall be paved with materials distinctive from the adjoining public sidewalk.
3. 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:
      1. such building walls shall be glazed with transparent materials in accordance with the transparency provisions of Section 37-34 (Minimum Transparency Requirements); or 
      2. such building walls shall be articulated with artwork or landscaping to a height of at least 10 feet.
4. Building entrances
   
   A public entrance to a building shall front upon such setback area. No ramps shall be permitted within the setback area.
5. 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.
6. 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 33-04 (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 flood-resistant construction elevation, as defined in Section 64-11 (Definitions), 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.

1. 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.
2. Public parking facilities
   
   In accordance with the provisions of Section 131-042 (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 36-57 shall apply.

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 25th Street and 15th Street, and Pacific 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.

For the purposes of this Chapter, matter in italics is defined in Sections 12-10 (DEFINITIONS) and 32-301 (Definitions).

The underlying ground floor level streetscape provisions set forth in Section 32-30 (STREETSCAPE REGULATIONS), inclusive, shall apply, except that the ground floor level street frontages along those portions of streets mapped in the Special Enhanced Commercial Districts, as listed in Section 132-11 (Special Enhanced Commercial Districts Specified), shall be considered Tier C street frontages#. Additional regulations are set forth in Section 132-20, inclusive.

1. Special Enhanced Commercial District 2
   
   In addition to the streetscape regulations outlined in Section 132-13, the following shall apply in Special Enhanced Commercial District 2:
   1. 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; and
   2. the maximum street wall width of any non-residential ground floor level establishment shall not exceed 40 feet, as measured along the street line of a designated commercial street, except that the maximum width of a savings, loan and other financial service establishment, as listed under Use Group VI, shall not exceed 25 feet.

However, the provisions of this Section shall not apply to grocery and convenience retailers listed under Use Group VI.

1. Special Enhanced Commercial District 3
   
   In addition to the streetscape regulations outlined in Section 132-13, the following shall apply in Special Enhanced Commercial District 3:
   1. for the purposes of applying the underlying provisions set forth in Section 32-30 (STREETSCAPE REGULATIONS), the streetscape regulations for C4-7 Districts shall apply in lieu of the underlying district regulations; and
   2. the maximum street wall width of a savings, loan and other financial service establishment, as listed under Use Group VI, shall not exceed 25 feet. 
      

In addition to the streetscape regulations outlined in Section 132-13, the following shall apply in Special Enhanced Commercial District 6:

In Commercial and Manufacturing Districts, other than C4-4L Districts, 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, 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.

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 (USE ALLOWANCES) are modified to permit listed under Use Group VII, subject to the provisions of an M1 District.

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

The underlying floor area provisions shall apply except that:

1. the provisions applicable to sky exposure plane buildings, set forth in Section 23-73 (Special Provisions for Sky Exposure Plane Buildings), inclusive, shall not apply; and
2. the maximum permitted floor area ratio for laboratories listed under Use Group VII shall be 3.40.

The maximum lot coverage requirements of Section 23-36 (Maximum Lot Coverage) shall not apply. In lieu thereof, all buildings shall comply with the following aggregate lot coverage requirements:

1. The maximum lot coverage from the base plane to a height that is 20 feet above the base plane shall be 70 percent.
2. 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.
3. 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.
4. 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 underlying height and setback regulations shall apply, except as modified by this Section. All heights shall be measured from the base plane.

The requirements of Section 23-371 (Distance between buildings) 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.

(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 provisions of this Chapter shall apply within the Special Governors Island District. Except as modified by the express provisions of the Special Governors Island District, the regulations of the underlying zoning districts shall remain in effect. In the event of a conflict between the provisions of this Chapter and the other regulations of this Resolution, the provisions of this Chapter shall control. However, in flood zones, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Hazard Areas), the provisions of Article VI, Chapter 4, shall control.

The regulations of this Chapter are designed to implement the Special Governors Island District Plan.

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

Map 1. Special Governors Island District, Subdistricts and Subareas

Map 2. Building Parcels, Primary Connection Locations and Esplanade

Map 3. Secondary Connection Locations

Map 4. Maximum Base Heights and Setbacks

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

The 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).

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

Northern Subdistrict

Southern Subdistrict

In each of these Subdistricts, certain special regulations apply which do not apply within the remainder of the Special Governors Island District. Within the Southern Subdistrict, three subareas are established, as follows:

Eastern Subarea

Containing building parcels E-1 through E-4

Western Subarea

Containing building parcel W-1

Open Space Subarea

The location and boundaries of the subdistricts, subareas, and building parcels are shown on Maps 1 and 2 in the Appendix to this Chapter.

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

Building parcel

A “building parcel” is a portion of the zoning lot located within the Eastern Subarea or Western Subarea that is bounded on each side by primary connections, subarea boundaries or Yankee Pier Plaza. For the purposes of applying the regulations of this Resolution, other than floor area ratio, the boundary of any building parcel shall be considered a street line and a wall or portion of a wall of a building facing such street line shall be considered a street wall.

Esplanade

The “esplanade” is that portion of the Open Space Subarea along the shoreline identified on Map 2 in the Appendix to this Chapter, that includes the public way existing as of May 27, 2021.

Primary connection

A “primary connection” is a public way within one of the primary connection locations shown on Map 2 in the Appendix to this Chapter, that complies with the requirements of Section 134-41 (Primary Connections).

Secondary connection

A “secondary connection” is a public way within one of the secondary connection locations shown on Map 3 in the Appendix to this Chapter, that complies with the requirements of Section 134-42 (Secondary Connections).

Yankee Pier Plaza

The “Yankee Pier Plaza” is the portion of the Eastern Subarea designated to contain a publicly accessible open space, as shown on Map 2, that complies with the requirements of Section 134-43 (Yankee Pier Plaza).

The provisions of Article VI, Chapter 2 (Special Regulations Applying in the Waterfront Area) shall not apply within the Special Governors Island District, except that WD uses, as listed in Section 62-211 shall be permitted uses on piers in the Open Space Subarea pursuant to Section 134-112.

The provisions of Section 76-145 (Boundary Line Coinciding With Parks, Cemeteries or Navigable Waters) shall be modified such that where the zoning district boundaries shown on the applicable zoning map coincide with the shoreline, such zoning district boundaries shall be deemed to extend beyond the shoreline to also include any piers contained within the Special Governors Island District.

In the Northern Subdistrict and the Southern Subdistrict, the following uses shall be permitted, except as otherwise specified in Section 134-112 (Permitted uses in the Open Space Subarea). In addition, in the Northern Subdistrict, the provisions of Section 134-14 (Certification for Large Commercial Establishments) shall apply to any commercial use exceeding 7,500 square feet of floor area.

In the Northern Subdistrict, commercial uses applicable in a C2-5 District shall be permitted, except that:

From Use Group IV

Docks for ferries shall be permitted without restriction on passenger load

From Use Group VIII 

All uses shall be permitted within the applicability of a C8 District. 

In the Southern Subdistrict, commercial uses applicable in a C4 District shall be permitted, except that the following uses shall also be permitted as of right:

From Use Group IV

Electric utility substations, enclosed, without size limitations, sewage disposal plants, marine transfer stations for garbage or slag piles and docks for ferries without restrictions on passenger load shall be permitted

From Use Group VII 

All uses shall be permitted within the applicability of an M1 District

From Use Group VIII 

All uses shall be permitted within the applicability of a C8 District

From Use Group IX 

Warehouses shall be permitted

From Use Group X

Ship and boat building, under transportation equipment manufacturing, shall be permitted, for vessels up to a length of 200 feet; and 

Distilleries shall be permitted.

In all districts, any use listed under Use Groups IV, VI, VII, VIII, IX or X that is not permitted as-of-right within C4 Districts, pursuant to the underlying regulations, shall conform to the performance standards for M1 Districts, as set forth in Section 42-40 (PERFORMANCE STANDARDS), inclusive, except that the provisions of Section 42-47 (Performance Standards Regulating Fire and Explosive Hazards) shall not apply to the manufacture of alcoholic beverages and breweries.

In the Northern Subdistrict, any commercial use 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.

In the Northern Subdistrict, no building permit shall be issued with respect to a commercial use larger than 7,500 square feet of floor area 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 134-15 (Authorization for Certain Commercial Uses).

The City Planning Commission may authorize any commercial use not allowed pursuant to Section 134-11, inclusive, to locate within the Northern Subdistrict, Eastern Subarea or the Western Subarea of 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 its subdistrict.

Any application to authorize a commercial use in the Eastern Subarea or Western Subarea pursuant to this Section shall be referred to the local community board. The City Planning Commission shall not grant such authorization prior to forty-five (45) days after the referral.

In the Southern Subdistrict, special supplemental use regulations shall apply to all buildings as set forth in this Section, inclusive.

In the Special Governors Island District, the sign regulations shall apply as follows:

(a)        In the Northern Subdistrict, the sign regulations of a C1 District mapped within an R3-2 District shall apply.

(b)        In the Southern Subdistrict, the sign regulations of a C4 District shall apply, except that no flashing signs shall be permitted.

(c)        No signs shall be permitted on any pier within the Southern Subdistrict. However, such restriction shall not apply to informational or wayfinding signs not exceeding 25 square feet each, or to signage identifying “Governors Island” or a pier from the waterway.

For the purposes of determining the permitted floor area ratio pursuant to this Section, the Northern Subdistrict shall be considered a single zoning lot.

Within the Northern Subdistrict, the underlying floor area ratios shall apply to all permitted uses.

For the purposes of determining the permitted lot coverage pursuant to this Section, each building parcel shall be considered a separate zoning lot. Within the Eastern and Western Subareas, the maximum lot coverage shall be as set forth in the following table:

MAXIMUM LOT COVERAGE

In the Open Space Subarea, no lot coverage regulations shall apply.

Within the Southern Subdistrict, no yard regulations shall apply.

(a)        Northern Subdistrict

The underlying district height and setback regulations of Article II (Residence District Regulations) are applicable or modified as follows:

(1)        For buildings containing residences, the underlying height and setback regulations for buildings containing residences shall apply, except for in buildings in which 75 percent or more of the floor area is community facility floor area.

(2)        For buildings in which 75 percent or more of the floor area is community facility floor area, the underlying height and setback regulations shall not apply. In lieu thereof, any portion of a building that exceeds a height of 35 feet shall be set back at least 25 feet from a front yard line or street line, where applicable, and no portion of such building shall exceed a height of 60 feet.

(3)        For buildings containing commercial uses, the underlying height and setback regulations for commercial uses are modified as follows: no building containing commercial uses shall exceed a height of 30 feet, except for buildings subject to paragraphs (a)(1) or (a)(2) of this Section.

(4)        All structures other than buildings shall be limited to a height of 35 feet.

(b)        Southern Subdistrict

Within the Southern Subdistrict, the following height and setback regulations shall apply.

Where heights are measured from the base plane, the base plane shall be established at 12.348 feet above Manhattan Datum.

(1)        Street wall location

On building parcel E-2, where any portion of a building is located within 60 feet of Yankee Pier Plaza:

(i)        at least 65 percent of the street wall facing Yankee Pier Plaza shall be located within 15 feet of the street line adjoining Yankee Pier Plaza, and shall rise to a minimum base height of 30 feet; and

(ii)        where any portion of such building exceeds 125 feet in height, at least 50 percent of the street wall facing the esplanade shall rise to a minimum base height of 30 feet and be located within 30 feet of the esplanade.

On all other building parcels and for the street lines on building parcel E-2 other than the street lines facing Yankee Pier Plaza and the esplanade, no street wall location requirements shall apply.

(2)        Maximum base height and required setback

Within 15 feet of the street line, or as otherwise specified in Map 4 of the Appendix to this Chapter, the height of a building shall not exceed the maximum base heights set forth in Map 4 for the applicable frontage of a building parcel.

(3)        Maximum building height

The maximum height of a building or other structure shall not exceed the height set forth in the following table for the applicable building parcel:

MAXIMUM HEIGHT

In addition, the following shall apply:

(i)        In the Eastern Subarea, no portion of a building or other structure may exceed the maximum base height set forth in paragraph (b)(2) of this Section within 150 feet of the boundary of the Northern Subdistrict.

(ii)        In the Eastern Subarea, no portion of a building or other structure may be located in the open area required by paragraph (d) of Section 134-44 (Other Open Areas).

(iii)        In the Western Subarea, no portion of a building or other structure may exceed the maximum base height set forth in paragraph (b)(2) of this Section within:

(a)        100 feet of the esplanade;

(b)        150 feet of the boundary of the Northern Subdistrict; or

(c)        100 feet of the southern end of building parcel W-1.

For the purposes of this Section, the southern end of building parcel W-1 shall be measured from a line drawn perpendicular to the esplanade and intersecting building parcel W-1.

(iv)        In the Open Space Subarea, no portion of a building or other structure shall be permitted above base plane, except as provided in paragraph (b)(5) of this Section.

(4)        Permitted obstructions in the Eastern Subarea and Western Subarea

In the Eastern Subarea and Western Subarea, the provisions of Section 33-42 (Permitted Obstructions) shall apply to all buildings, modified as follows:

(i)        the obstructions permitted by paragraph (b) of Section 33-42 may exceed the maximum building height by 40 feet with no restriction on area; and

(ii)        no such obstructions shall be permitted within the setback required by paragraph (b)(2) of this Section.

(5)        Permitted obstructions in the Open Space Subarea

In the Open Space Subarea, permitted obstructions shall include:

(i)        buildings or other structures containing permitted uses, up to a height of not more than 25 feet;

(ii)        buildings or other structures containing permitted theater uses, up to a height of not more than 35 feet; and

(iii)        equipment and appurtenances associated with public parks and playgrounds, including, but not limited to, sculptures, works of art and other amenities referenced in Section 37-726 (Permitted obstructions).

The permitted obstructions set forth in paragraphs (b)(5)(i) and (b)(5)(ii) of this Section shall occupy no more than 20 percent of the Open Space Subarea.

Within the Southern Subdistrict, the maximum area and length of any story shall be as specified in this Section, as applicable.

Within the Eastern Subarea, the maximum length of a building at any height shall be 400 feet, as measured parallel to the street line. For the purposes of the Section, abutting buildings shall be considered a single building. However, buildings that only abut via an enclosed bridge that is located at least 30 feet above the adjoining grade, and that has a width of not more than 30 feet, length of not more than 60 feet and a height not exceeding 15 feet, shall not be considered a single building.

For any story fully above a height of 125 feet, the following provisions shall apply. Where a building has multiple portions above such height, the maximum size requirements shall apply to each portion separately.

(a)        In the Eastern Subarea, no story shall be permitted to have a gross area in excess of 30,000 square feet.

(b)        In the Western Subarea, no story shall be permitted to have a gross area in excess of 27,000 square feet.

On building parcel E-2, within 200 feet of Yankee Pier Plaza and 200 feet of the esplanade, the longest side of any portion of a building located within this area, and above a height of 125 feet, shall be oriented parallel to the boundary of the Northern Subdistrict, true East-West, or anywhere between these two directions.

On the portion of building parcel E-2 that is beyond 200 feet of Yankee Pier Plaza, and on building parcels E-3 and E-4, for portions of buildings above a height of 125 feet, the provisions of paragraph (a) of this Section shall apply where no story within such portion has a gross area greater than or equal to 20,000 square feet, and the provisions of paragraph (b) shall apply where any story within such portion has a gross area greater than 20,000 square feet.

(a)        For floor plates less than 20,000 square feet

Within 200 feet of the esplanade, the maximum length of any street walls facing the esplanade shall be 80 feet along a line running 30 feet from and parallel to the esplanade and the maximum length shall increase on each side by 0.35 feet for every one foot of additional distance beyond the line running 30 feet from and parallel to the esplanade.

(b)        For floor plates equal to or greater than 20,000 square feet

Within 200 feet of the esplanade, the maximum length of any street walls facing the esplanade shall be 150 feet along a line running 30 feet from and parallel to the esplanade and the maximum length shall increase on each side by 0.3 feet for every one foot of additional distance beyond the line running 30 feet from and parallel to the esplanade.

Within the Southern Subdistrict, the requirements of this Section shall apply to all buildings.

(a)        No separation shall be required between portions of buildings that are less than or equal to a height of 75 feet, except as set forth in paragraph (d) of this Section.

However, in the Eastern Subarea, where the total street wall width of all buildings along a single street line exceeds 400 feet along such street line, such buildings shall be at least 30 feet apart.

(b)        Portions of buildings located above a height of 75 feet and below 125 feet shall at no point be located less than 60 feet apart.

(c)        Portions of buildings located at or above a height of 125 feet shall at no point be located less than 90 feet apart.

(d)        The regulations of Section 23-37 (Other Open Area Regulations), inclusive, shall apply to any portion of a building containing residences or community facility uses containing living accommodations with required windows, except where more stringent requirements apply pursuant to paragraphs (a) through (c) of this Section.

Within the Southern Subdistrict, any portion of a building that is located at or below a height of 75 feet, and has a street wall width greater than 200 feet, as measured parallel to the street line, shall provide recesses in accordance with the following requirements:

(a)        recesses shall be required to extend along at least 25 percent of the street wall width that is in excess of 200 feet. No required recess shall have a width of less than 10 feet;

(b)        such recesses shall have an average depth of at least 10 feet;

(c)        such recesses may be of varying dimensions and heights, provided that the requirements of this Section are met at each level of the building.

No articulation shall be required where frontage requirements apply pursuant to paragraph (b)(1) of Section 134-24 (Height and Setback Regulations).

The City Planning Commission may authorize modification of the provisions of Sections 134-25 through 134-28, provided that the Commission finds that such modification:

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

(b)        will result in a superior urban design relationship with surrounding ways, buildings and public open areas or provide an equivalent or better distribution of bulk on the building parcel.

Any application pursuant to this Section shall be referred to the local Community Board. The Commission shall not grant such authorization prior to forty-five (45) days following the referral.

(a)    Facing Yankee Pier Plaza

On building parcel E-2, the ground floor level street wall facing Yankee Pier Plaza shall comply with the requirements of Section 37-34 (Minimum Transparency Requirements). For the purpose of applying these requirements, such ground floor level street wall shall be considered a primary frontage, as that term is defined in Section 37-311 (Definitions).

(b)    Enclosed secondary connections

For any entrance to a secondary connection that is enclosed at the point of entry, 50 percent of the surface area of the street wall of such secondary connection between a height of two feet and the height of the secondary connection at the point of entry shall be glazed with transparent materials.

Mechanical equipment located on top of buildings, and below the maximum base height or maximum building height, shall be screened with plantings, solid walls, or fences from the Open Space Subarea, as well as from any connections and open spaces required pursuant to Section 134-40 (REQUIREMENTS FOR CONNECTIONS AND OPEN AREAS), inclusive.

The Eastern Subarea shall be subdivided by primary connections within the flexible locations identified on Map 2 (Building Parcels, Primary Connection Locations and Esplanade) in the Appendix to this Chapter.

Primary connections shall comply with the following requirements:

(a)        a primary connection shall have a minimum width of 60 feet;

(b)        a primary connection shall be open to the sky for its full length and width, except that awnings or canopies of less than 250 square feet per awning or canopy shall be permitted at building entrances. Awnings and canopies, and associated structural supports extending from the street wall, shall extend no farther than 15 feet, and shall be located not less than 15 feet above grade and no vertical supports shall be permitted;

(c)        an unobstructed path having a width of at least 24 feet shall be provided for the full length of each primary connection. Such clear path shall be designed for pedestrian use, and may additionally be designed for, and crossed by, pathways for bicycles or vehicular access. Trees, planters, bike racks, seating and other pedestrian amenities shall be permitted outside of the clear path; and

(d)        primary connections shall be open to the public at all times that the Southern Subdistrict is open to the public.

Secondary connections shall be provided in the locations identified on Map 3 (Secondary Connection Locations) in the Appendix to this Chapter. Secondary connections shall comply with the following requirements:

(a)        one secondary connection shall be provided within each of the building parcels W-1 and E-2;

(b)        one secondary connection shall be provided within building parcel E-3, except that where the primary connections abutting building parcel E-3 are less than 500 feet apart, the secondary connection may instead be provided within building parcel E-4;

(c)        a secondary connection may be open, covered, enclosed, or some combination thereof;

(d)        a secondary connection shall have a minimum width of 30 feet;

(e)        any portion of a secondary connection that is enclosed or covered shall have a minimum clear height of 30 feet;

(f)        an unobstructed path having a width of at least 12 feet shall be provided for the full length of each secondary connection. Such clear path shall permit pedestrian use, and may additionally permit bicycles or vehicular access. Trees, planters, bike racks, seating and other pedestrian amenities shall be permitted outside of the clear path;

(g)        open or covered secondary connections shall be open to the public at all times that the Southern Subdistrict is open to the public. Enclosed secondary connections shall be open to the public at all times that the Open Space Subarea, other than the esplanade, is open to the public; and

(h)        signage shall be located at each point of entry to a secondary connection and shall state that the secondary connection is “OPEN TO THE PUBLIC,” list its hours of operation, and include a public space symbol exactly matching the symbol provided in the Required Signage Symbols file on the Department of City Planning website.

The Eastern Subarea shall include a public open area, within the location designated as Yankee Pier Plaza on Map 2 (Building Parcels, Primary Connection Locations and Esplanade) in the Appendix to this Chapter.

Such plaza:

(a)        shall have a minimum area of 25,000 square feet;

(b)        shall provide connections between Yankee Pier, the Northern Subdistrict and portions of the Open Space Subarea north of the Eastern Subarea;

(c)        shall be open to the public at all times that the Southern Subdistrict is open to the public;

(d)        may have areas designed and designated for vehicular and pedestrian access; and

(e)        may include stairs, ramps, planted areas, open or enclosed facilities for ferry passengers, kiosks containing no more than 250 square feet of floor area, ticket machines, information booths, temporary structures not exceeding one story, bicycle parking, cellars, and other amenities not containing floor area, as permitted obstructions.

(a)        Adjacent to Yankee Pier Plaza

Open areas between Yankee Pier Plaza and any wall of a building or open commercial use that is within 60 feet of Yankee Pier Plaza shall be provided as publicly accessible open area and subject to the requirements of paragraphs (c) through (e) of Section 134-43 (Yankee Pier Plaza).

(b)        Adjacent to primary connections

Open areas between a primary connection and any wall of a building or open commercial use that is within 50 feet of such primary connection shall be provided as publicly accessible open areas, and shall be open to the public at all times that such adjoining primary connection is open to the public. In addition, open areas beyond 50 feet of a primary connection may be provided as publicly accessible open areas. All such open areas may be improved with pathways for access to building entrances, trees, planters, seating, bike racks and other public amenities.

(c)        Adjacent to portions of the Open Space Subarea

Open areas located between a building or open commercial uses and the Open Space Subarea or an open area required by paragraph (d) of this Section, shall be provided as publicly accessible open areas, and shall be open to the public at all times that the adjoining portion of the Open Space Subarea is open to the public.

Where portions of such open areas are located beyond 50 feet of the Open Space Subarea or an open area required by paragraph (d), such portions may be provided as publicly accessible open areas.

All such open areas may be improved with pathways for access to building entrances, trees, planters, seating, bike racks and other public amenities.

(d)        Adjacent to the eastern esplanade

Within the Eastern Subarea, on all building parcels, an open area with a depth of 20 feet shall be provided along the entire portion of the esplanade which abuts the building parcel. This open area shall be provided as a publicly accessible widening of the esplanade, and shall be open to the public at all times that the Open Space Subarea is open to the public.

Fences, where provided, shall be considered permitted obstructions within any of the connections or open spaces required by Section 134-40 (REQUIREMENTS FOR CONNECTIONS AND OPEN AREAS), inclusive, provided they comply with the requirements of this Section:

(a)        no fence shall be permitted within any clear circulation path required by Section 134-40, inclusive;

(b)        within any required connection or open space, fences shall only be permitted:

(1)        at the perimeter of recreation spaces, such as any playgrounds, tot lots, or dog runs, provided within such connection of open space; and

(2)        along the boundary of an adjoining open commercial use or other private area;

(c)        a fence shall have a maximum height of four feet measured from the adjoining grade level, and must be at least 70 percent open; and

(d)        chain link fencing or barbed or razor wire fencing shall not be permitted.

The City Planning Commission may authorize modification of provisions of paragraphs (a) and (b) of this Section, upon a finding that such modification is necessary to facilitate site safety and operations, and does not adversely impact access to the required connection or open s[pace during operable hours. Fences which are permitted pursuant to this authorization may rise to a maximum height of five feet measured from the adjoining grade.

Any application to authorize modification of the provisions of paragraphs (a) and (b) of this Section shall be referred to the local Community Board. The Commission shall not grant such authorization prior to forty-five (45) days following the referral.

In the Southern Subdistrict, if access to accessory off-street parking spaces or loading berths is necessary beyond the number of entrances to loading berths permitted pursuant to Section 134-50 (OFF-STREET PARKING AND OFF-STREET LOADING REGULATIONS), an additional entrance may be allowed if the Chairperson of the City Planning Commission certifies to the Commissioner of Buildings that:

(a)        such accessory off-street parking spaces or loading berths cannot be practically accessed from existing entrances along the esplanade;

(b)        the proposed entrance location will not be hazardous to pedestrian safety;

(c)        the proposed entrance will be located not less than 50 feet from the intersection of a primary connection or Yankee Pier Plaza;

(d)        the proposed entrance will be screened, constructed and maintained so as to have a minimal effect on the streetscape; and

(e)        the entrance, if allowed, shall be no greater than 20 feet in width.

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, six subdistricts are established as follows:

Subdistrict A
Subdistrict B
Subdistrict C
Subdistrict D
Subdistrict E
Subdistrict F

 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.

The underlying ground floor level streetscape provisions set forth in Section 32-30 (STREETSCAPE REGULATIONS), inclusive, shall apply, except that ground floor level street frontages along Bay Street and Prospect Street shall be considered Tier C street frontages, and frontages along remaining streets shall be considered Tier B street frontages. 

Defined terms in this Section shall include those in Sections 12-10 and 32-301.

Within the Special Bay Street Corridor District, breweries, included under all other beverage manufacturing in Use Group X, shall be permitted in Commercial Districts provided that the size of such brewery does not exceed 30,000 square feet.

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:

1. for mixed buildings where uses listed under Offices in Use Group VII are located on the same story as a dwelling unit, the limitations set forth in paragraphs (a) and (b) of such Section shall not apply; and
2. for commercial buildings, the limitation on the number of stories allocated to commercial uses in Use Groups VI through X, as set forth in Section 32-10 (USE ALLOWANCES), inclusive, shall not apply, except to breweries permitted pursuant to Section 135-12.

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 27-11.

The table below sets forth the maximum floor area ratio of a zoning lot for each Subdistrict as follows.

1. Column 1 sets forth the maximum floor area ratio for commercial uses listed in Use Group VI;
2. Column 2 sets forth the maximum floor area ratio for offices listed under Use Group VII;
3. Column 3 sets forth the basic maximum floor area ratio for residences;
4. Column 4 sets forth the maximum residential floor area ratio for qualifying affordable housing and community facility uses; and
5. Column 5 sets forth the maximum floor area ratio for qualifying senior housing.

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

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.

1. Along Bay Street or Prospect Street
   
   Along Bay Street or Prospect Street, and along streets within 50 feet of their intersection with Bay Street, the street wall location provisions of paragraph (b) Section 35-631 shall apply except that the street walls shall extend 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.
   
   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.
2. 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.
3. 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 135-24, such street wall shall rise without setback to at least the minimum base height specified in Section 135-24.

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.

1. 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)
   A	40	65	85	125
   B1	40	65	85	125
   B2	40	65	N/A	125
   C	40	65	N/A	85
   D1	40	65	N/A	75
   D2	40	65	N/A	65
   E	30	45	N/A	55
   F	40	65	N/A	85

2. 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 shall be provided in accordance with Section 23-433 (Standard setback regulations).
3. 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.

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.

In mixed buildings, the underlying parking requirements shall apply, except that for the purposes of determining the parking requirement for commercial uses other than uses listed under Offices in Use Group VII, 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.

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.

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.

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 transit-adjacent sites, as defined in Section 66-11 (Definitions), in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI, Chapter 6 shall control.

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 Zones), the provisions of Article VI, Chapter 4 shall control.

For purposes of this Chapter, matter in italics is defined in Sections 12-10 (DEFINITIONS), 32-301 (Definitions), or 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, 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.

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 use regulations shall be modified within C2 Districts to permit uses listed under Use Groups VI and VIII, pursuant to the regulations for a C4 District.

The underlying ground floor level streetscape provisions set forth in Section 32-30 (STREETSCAPE REGULATIONS) shall apply, except that ground floor level street frontages along streets, or portions thereof, designated on Map 3 (Ground Floor Use and Transparency Requirements) in the Appendix to this Chapter, shall be considered Tier C street frontages.

The following additional special use provisions of Section 136-14, inclusive, shall apply within Subdistrict A, as shown on Map 1 (Special Downtown Far Rockaway District and Subdistrict) in the Appendix to this Chapter.

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

1. In C2 Districts mapped within R6 and R7-1 Districts, the street wall location provisions of paragraph (b) Section 35-631 shall apply except that the street wall 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.
2. In C2 Districts mapped within R5 Districts, the street wall location provisions of paragraph (b) Section 35-631 shall apply except that the street wall shall extend to a height of 30 feet, or the height of the building, whichever is less.
3. 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.

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 136-21 (Street Wall Location) shall be as set forth in the following table:

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 shall be provided in accordance with the provisions of Section 23-433 (Standard setback regulations).

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 shown on Map 4 (Maximum Building Height) in the Appendix to this Chapter.

The provisions of Section 136-21 (Street Wall Location) shall apply within Subdistrict A, except as provided in this Section.

1. 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 paragraph (a) of Section 23-431 shall apply.
2. 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 136-21 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.
3. 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 136-22 (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.

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.

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

1. For commercial uses in Parking Requirement Categories PRC-A1, PRC-A2, PRC-A3 and PRC-A4, 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 under Use Group III(B), 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.
2. 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). 

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 dwelling units that either comply with the definition of “affordable housing unit” set forth in Section 27-111 (General definitions), or have a legally binding restriction limiting rents to households with incomes at or below 80 percent of the income index, or qualifying senior housing, 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.

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.

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

Map 5        Special Coastal Risk District 4 (CR-4), in Gerritsen Beach, Community District 15, Borough of Brooklyn

Map 6        Special Coastal Risk District 5 (CR-5), in Edgemere, Community District 14, Borough of Queens.

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

In Special Coastal Risk Districts, residential uses shall be permitted as follows:

1. In Special Coastal Risk Districts 1 and 3, residential uses shall be limited to single-family detached residences.
2. In Special Coastal Risk District 2, residential uses shall be limited to single- or two-family detached residences.
3. In Special Coastal Risk District 4, residential uses shall be permitted as follows:
   1. for zoning lots with a lot area of less than 3,000 square feet, residential uses shall be limited to detached or semi-detached single-family residences; and
   2. for zoning lots with a lot area of 3,000 square feet or more, residential uses shall be limited to detached or semi-detached single- or two-family residences.
4. In Special Coastal Risk District 5, residential uses shall be permitted as follows:
   1. in R3A and C3A Districts, residential uses shall be limited to single-family detached residences; and
   2. in R4-1 Districts:
      1. for zoning lots with a lot width of less than 25 feet, residential uses shall be limited to single-family detached residences; and
      2. for zoning lots with a lot width of 25 feet or more, residential uses shall be limited to single- or two-family detached residences.
5. In all Special Coastal Risk Districts, there shall be no qualifying residential sites, qualifying senior housing or ancillary dwelling units.

The inclusion of accessory residential uses shall not be precluded by the provisions of this Section.

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).

In Special Coastal Risk District 2, the regulations of Section 23-11 (Lot Area and Lot Width in R1 Through R5 Districts) 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 4, all detached or semi-detached single- or two-family residences shall be subject to the height and setback provisions set forth in Section 64-332 (Height and setback regulations for cottage envelope buildings).

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.

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. However, for transit-adjacent sites or qualifying transit improvement sites, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI, Chapter 6 shall control. For the purposes of this paragraph, defined terms additionally include those in Section 66-11 (Definitions).

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 Zones), the provisions of Article VI, Chapter 4 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 C4 or C6 Districts, the provisions of Section 32-422 (Location of floors occupied by commercial uses) shall be modified such that the limitations set forth in paragraph (a) of such Section need not apply, and the requirements in paragraph (b) of such Section shall apply only where commercial uses are located above any story containing dwelling units.

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 applicable to C2-4 Districts shall apply to all districts.

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

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 35-631 are specified and modified as follows:

1. Along wide streets other than Park Avenue
   
   Along all wide streets other than Park Avenue, the street wall location provisions of paragraph (a) of Section 35-631 shall apply, except that the minimum base height shall be 60 feet, or the height of the building, whichever is less.
2. Along Park Avenue
   
   Along Park Avenue and along narrow streets located within 100 feet of Park Avenue, the street wall location provisions of paragraph (b) of Section 35-631 shall apply, except that the minimum base height shall be 40 feet, or the height of the building, whichever is less.
3. Along all other streets
   
   Along all streets not subject to the provisions of paragraph (a) or (b) of this Section, the provisions of paragraph (b) of Section 35-631 shall apply, except that the minimum base height shall be 60 feet, or the height of the building, whichever is less.
4. 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; and
   2. the area between such street wall and the sidewalk, or portions thereof, that do not contain any planting pursuant to the provisions of paragraph (b)(1) of Section 37-362 (Mitigation elements) for at least 70 percent of the linear footage, 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 37-362 for at least 70 percent of the linear footage of such area per 50 feet of frontage.

In Commercial Districts, the underlying height and setback provisions are modified as follows:

1. Basic Height and Setback Regulations
   
   In Commercial Districts, the maximum height of buildings or other structures shall be as set forth in Section 35-632 (Maximum height of buildings and setback regulations), 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 paragraph (b) of Section 35-632 shall be modified to 215 feet;
   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 paragraphs (a) or (b) of Section 35-632 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 paragraphs (b) of Section 35-632 shall be modified to 215 feet;
   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 paragraph (b) of Section 35-632 shall be modified to 125 feet; and
   5. where applicable, in lieu of the provisions of this paragraph, the provisions of paragraph (b) of this Section may be applied.
2. 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 providing qualifying affordable housing or qualifying senior housing, 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 Section 23-433 (Standard 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 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
      1. The maximum tower height shall be set forth on Map 3 of the Appendix to this Chapter.
      2. 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:
         1. 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
         2. 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 123-65 (Special Height and Setback Regulations in Special Mixed Use Districts with R6 Through R12 District Designations), 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 Section 23-433 (Standard 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 Section 23-433. 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 Section 23-433. The maximum building height shall be 295 feet.

The underlying ground floor level streetscape provisions set forth in Section 32-30 (STREETSCAPE REGULATIONS), inclusive, shall apply, except that ground floor level street frontages facing Second Avenue, Third Avenue, Lexington Avenue, Park Avenue and East 116th Street, or portions thereof, shall be considered Tier C street frontages.

Defined terms in this Section shall include those in Sections 12-10 and 32-301.