The “Special Jerome 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 Highbridge, Concourse, Mount Eden, Mount Hope, Morris Heights and University Heights neighborhoods;

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

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

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

(e)        to create a walkable, urban streetscape environment through a mix of ground floor uses;

(f)        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;

(g)        to provide flexibility of architectural design within limits established to assure adequate access of light and air to the street, and thus to encourage more attractive and economic building forms on zoning lots with irregular shapes and on zoning lots fronting on the elevated rail structure along Jerome and River Avenues; and

(h)        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.

Within the Special Jerome Corridor District, the underlying use regulations shall apply.

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

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

The “Special Inwood 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 create a lively and attractive built environment that will provide amenities and services for the use and enjoyment of area residents, workers and visitors;

(b)        to encourage well-designed development that complements and enhances the built character of the neighborhood;

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

(d)        to maintain and establish physical and visual public access to and along the waterfront;

(e)        to promote the pedestrian orientation of ground floor uses in appropriate locations, and thus safeguard a traditional quality of higher density areas of the City;

(f)        to take advantage of the waterfront along the Harlem River, Sherman Creek, and the North Cove and create a public open space network;

(g)        to focus higher-density development in appropriate locations along wide, mixed-use corridors with good access to transit;

(h)        to provide flexibility of architectural design within limits established to assure adequate access of light and air to streets and public access areas, and thus encourage more attractive and economic building forms; and

(i)        to promote the most desirable use of land and development in accordance with the District Plan for the Inwood waterfront, and thus conserve and enhance 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. In M1-4/R7A and M1-4/R9A Districts, the use regulations of Article XII, Chapter 3 (Special Mixed Use District) shall apply, except where modified by the provisions of this Section, inclusive.

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

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

In M1-4/R7A and M1-4/R9A Districts, in Subareas A1 and B3 as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, and in the portion of the C2-4 District mapped within an R8A District or the portion of the C2-4 District mapped within an R9A District, located east of Tenth Avenue, south of West 207th Street, west of Ninth Avenue, and north of West 206th Street, no rear yard equivalents are required for through lots or through lot portions of a zoning lot.

In Subdistrict D, no rear yard is required along any portion of a rear lot line that is coincident with a lot line of the rail yard for the Metropolitan Transportation Authority located east of Tenth Avenue between West 207th Street and West 215th Street.

A waterfront yard, as defined in Section 62-11 (Definitions), shall be provided on any portion of a zoning lot located within 40 feet of the shoreline. Any other yard regulations shall be inapplicable within such portion of a zoning lot.

In Subareas A1 and B2, and in Subdistrict E, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, the height and setback regulations of the underlying districts shall apply.

In Subareas A2, A3, B1, B3 and B4, the height and setback regulations of the underlying district regulations are modified by Sections 142-41 through 142-47 shall apply, and all heights shall be measured from the base plane.

In Subdistricts C, D and F, the height and setback regulations of the underlying district regulations are modified by Sections 142-48 (Special Regulations for Certain Sites in Subdistricts C and F) and 142-49 (Height and Setback for Certain Zoning Lots in Subdistricts C and D), as applicable.

The underlying off-street parking and loading regulations are modified by the provisions of this Section, inclusive.

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.

Map 4 (Waterfront Access Plan: Parcel Designation), Map 5 (Waterfront Access Plan: Public Access Areas) and Map 6 (Waterfront Access Plan: Visual Corridors) in the Appendix to this Chapter show the boundaries of the area comprising the Inwood Waterfront Access Plan, boundaries of parcels within the Plan and the location of certain features mandated or permitted by the Plan.

The Plan has been divided into parcels consisting of tax blocks and lots and other lands as established on August 8, 2018, as follows:

Parcel 1:                block 2215, lots 877 and 885; and block 2197, lots 67, 71, 74 and 174

Parcel 2/3:            block 2197, lots 47 and 75

Parcel 4:                block 2197, portion of lot 1

Parcel 5:                block 2188, lot 1

Parcel 6:                block 2187, lots 1, 5, 7 and 20

Parcel 7:                block 2185, lots 25, 36 and 51

Parcel 8:                block 2185, lots 1 and 10

Parcel 9:                block 2184, lots 20 and 40

Within the Special Inwood District, the parcels of land designated in this Section need not be contiguous for the area to be considered to be a Waterfront Access Plan pursuant to Section 62-911.

For the purposes of this Section, inclusive, defined terms shall include those listed in Section 12-10 (DEFINITIONS) and Section 62-11 (Definitions).

The “Special SoHo-NoHo Mixed Use 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 enhance neighborhood economic diversity by broadening the range of housing choices for residents of varied incomes;

(b)        to reinforce the longstanding mixed-use character of the area by allowing a wider range of residential, commercial and community facility uses while retaining significant concentration of commercial and manufacturing space;

(c)        to ensure the development of buildings is compatible with existing neighborhood character;

(d)        to sustain SoHo/NoHo’s cultural legacy and support New York City’s creative economy with provisions that support arts, cultural and creative uses, organizations and their broader public audience;

(e)        to retain jobs within New York City; and

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

Within the Special SoHo-NoHo Mixed Use District, the use provisions of Article XII, Chapter 3 are modified by the provisions of this Section.

Within the Special SoHo-NoHo Mixed Use District, the bulk provisions of Article XII, Chapter 3 are modified by the provisions of this Section.

The “Special Brooklyn Navy Yard 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 encourage investment in the Brooklyn Navy Yard and facilitate the expansion of the Brooklyn Navy Yard as a modern manufacturing complex;

(b)        to promote job growth;

(c)        to allow for a mix of office, community facility, retail, and other commercial uses to complement the industrial and manufacturing facilities at the Brooklyn Navy Yard;

(d)        to use traffic management planning to meet loading and parking needs including through alternate means of travel;

(e)        to better integrate the Brooklyn Navy Yard with the urban fabric of surrounding residential and mixed-use communities and to introduce publicly accessible open space areas within the perimeter of the Yard; and

(f)        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.

Within the Special Brooklyn Navy Yard District, the use provisions of Article IV, Chapter 2 are modified by the provisions of this Section, inclusive.

Within the Special Brooklyn Navy Yard District, the bulk provisions of Article IV, Chapter 3 are modified by the provisions of this Section, inclusive.

Within the Special Brooklyn Navy Yard District, public access areas shall be provided in connection with developments or enlargements located within the Subareas identified in this Section, inclusive, as applicable. For the purposes of determining the amount of public access area required in the Navy Street Central Subarea, the Barge Basin East Subarea, and the Barge Basin West Subarea, each such Subarea shall be deemed a single zoning lot.

Within the Special Brooklyn Navy Yard District, mandatory district plan elements shall be provided in connection with developments or enlargements in the Navy Street Central Subarea, the Flushing East Subarea, and the Barge Basin Subdistrict.

Within the Special Brooklyn Navy Yard District, the accessory off-street parking and loading regulations of Article IV, Chapter 4 shall not apply, except as specifically set for the in this Section.

The “Special Eastchester – East Tremont 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:

1. to encourage the development of a mixed-use neighborhood around planned mass transit stations in Parkchester, Van Nest, and Morris Park;
2. to enhance neighborhood economic diversity by broadening the range of housing choices for residents at varied incomes;
3. to support a variety of community facility and commercial uses and provide opportunities for the expansion of large academic, scientific and medical facilities in a manner that benefits the surrounding community;
4. to establish walkable retail corridors in the neighborhood;
5. 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;
6. to coordinate development with planned mass transit stations and facilitate improved pedestrian access to such facilities; and
7. 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 District), shall apply, except as modified by the provisions of this Section, inclusive. 

The bulk regulations of the underlying districts shall apply except as modified by the provisions of this Section, inclusive. For the purposes of applying the provisions of this Section, inclusive, the bulk regulations for residential portions of buildings in Commercial Districts are modified as follows:

1. In C4-3 Districts, the applicable residential equivalent shall be  an R6-1 District, as modified by the provisions of this Section, inclusive, shall apply; and
2. In C4-4 Districts within Subdistrict B, the applicable residential equivalent shall be an R7-3 District, without a letter suffix, shall apply.

The accessory off-street parking and loading regulations of the underlying districts are modified by the provisions of this Section, inclusive.

In Subdistrict A, a floor area bonus for public realm improvements shall be granted pursuant to the provisions of Section 145-41 (Special Approvals in Subdistrict A).

In portions of Subdistrict B, special approvals for a transfer of floor area or floor area bonus for public realm improvements may be granted pursuant to the provisions of Section 145-42 (Special Approvals in Subdistrict B).

The “Special Atlantic Avenue Mixed Use 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:

1. to expand local employment opportunities and to promote the opportunity for workers to live in the vicinity of their work;
2. to create a lively and attractive built environment that will provide amenities and services for the use and enjoyment of area residents, workers and visitors;
3. to enhance neighborhood economic diversity by broadening the range of housing choices for residents at varied incomes; 
4. to encourage stability and growth in the neighborhood by permitting compatible light manufacturing and residential uses to coexist; 
5. to ensure that the form and use of new buildings relates to and enhances neighborhood character and responds to unique corridors such as Atlantic Avenue; and
6. 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 of Article XII, Chapter 3 (Special Mixed Use Districts), shall apply, except as modified by the provisions this Section, inclusive. 

The bulk regulations of the underlying districts or of Article XII, Chapter 3 (Special Mixed Use District) shall apply, except as modified by the provisions of this Section, inclusive.

The accessory off-street parking regulations of the underlying districts are modified by the provisions of this Section, inclusive. 

The provisions of this Chapter shall apply within the Special Jerome 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. However, for transit-adjacent sites or qualifying transit improvement 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 order to carry out the purposes and provisions of this Chapter, district maps are located in the Appendix to 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 Jerome Corridor District, Subdistrict and Subareas

Map 2.        Designated locations for street wall continuity and ground floor requirements in Subarea A1

Map 3.        Designated locations for street wall continuity and ground floor requirements in Subarea A2

Map 4.        Designated locations for street wall continuity requirements in Subarea A3

Map 5.        Boundary of Subarea A4

To carry out the provisions of this Chapter, Subdistrict A, comprised of Subareas A1, A2, A3 and A4, is established. The location and boundaries of this Subdistrict and Subareas are shown on Map 1 (Special Jerome Corridor District, Subdistrict and Subareas) in the Appendix to this Chapter.

For the purposes of applying the Mandatory Inclusionary Housing Program provisions set forth in Section 27-10 (ADMINISTRATION OF AFFORDABLE HOUSING), inclusive, Mandatory Inclusionary Housing areas within the Special Jerome Corridor District are shown on the maps in APPENDIX F of this Resolution.

In C1 or C2 Districts mapped within R7 or R8 Districts and located along the elevated rail structure on Jerome or River Avenues, the provisions of Section 32-421 (Limitation on floors occupied by commercial uses) shall be modified for buildings containing residences as follows. The limitations set forth in paragraph (a) of such Section shall be modified to apply to buildings constructed before March 22, 2018.

In Commercial Districts, for zoning lots or portions thereof, with street lines along the elevated rail structure on Jerome or River Avenues and within 100 feet of such street lines, the permitted obstructions set forth in Section 33-23 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) shall be modified to permit any building or portion of a building used for any permitted use other than residences, to be a permitted obstruction within a required yard, rear yard equivalent or other open space required pursuant to the provisions of Section 33-20 (YARD REGULATIONS), inclusive, or Section 33-30 (OTHER SPECIAL PROVISIONS FOR REAR YARDS), inclusive, provided that the height of such portion of a building shall not exceed two stories, excluding basement, nor in any event 30 feet above curb level. Any allowance for other permitted obstructions above a building in a rear yard or rear yard equivalent set forth in Section 33-23, shall be permitted above such modified height limitations.

For zoning lots in R8A Districts, or Commercial Districts mapped within, or with a residential equivalent of an R8A District, within 100 feet of a wide street located outside of Mandatory Inclusionary Housing areas, the underlying floor area provisions applicable to an R8 District within 100 feet of a wide street shall apply.

For zoning lots, or portions thereof, within 100 feet of street lines along the elevated rail structure on Jerome or River Avenues, and located outside Subdistrict A, the underlying height and setback provisions are modified by the provisions of this Section.

1. Street wall location
   
   The street wall location provisions of paragraph (a)(1) of Section 35-643 (Special provisions in other geographies) shall apply.
   
   Any open space between a street wall and a street line along the elevated rail structure on Jerome or River Avenues shall comply with the special open space provisions of paragraph (a) of Section 141-32. 
2. Base heights, maximum building heights
   
   The underlying height and setback provisions of Section 35-63 (Height and Setback Requirements in Commercial Districts with R6 Through R12 Equivalency), inclusive, shall apply, as modified by the provisions of paragraph (a) of Section 35-643 (Special provisions in other geographies). However, for street walls facing the elevated rail structure, beyond 75 feet of the corner of streets intersecting Jerome or River Avenues, the maximum base height shall be 30 feet.
3. Required and permitted articulation
   
   For street walls fronting the elevated rail structure on Jerome or River Avenues with widths exceeding 100 feet, a minimum of 20 percent of the surface area of such street walls above the level of the second story, or a height of 30 feet, whichever is lower, shall either recess or project a minimum of three feet from the remaining surface of the street wall. Any such projections shall be considered a permitted obstruction into a required setback, and the depth of such projections along the elevated rail structure shall not exceed three feet.
   
   In addition, the underlying dormer provisions of paragraph (b) of Section 23-413 (Permitted obstructions in certain districts) shall be modified for portions of buildings facing the elevated rail structure, so that above the maximum base height set forth in paragraph (b) of this Section, dormers shall be permitted only within 75 feet of a corner. 

In Subdistrict A, as shown on Map 1 in the Appendix to this Chapter, the underlying height and setback provisions are modified by the provisions of this Section.

1. Street wall location
   1. Along the elevated rail structure
      
      For street walls, or portions thereof, within 100 feet of street lines along the elevated rail structure on Jerome or River Avenues, the street wall location provisions of paragraph (a)(1) of Section 35-643 (Special provisions in other geographies) shall apply.
   2. Along designated streets
      
      In Subareas A1 through A3, along the streets designated on Maps 2 through 4 in the Appendix to this Chapter, the following shall apply:
      1. In Commercial Districts
         
         In Commercial Districts, the street wall location provisions of paragraph (b) of Section 35-631 shall apply, except that the street wall shall extend to at least a height of 30 feet, or the height of the building, whichever is lower. In addition, above a height of 30 feet, at least 50 percent of the aggregate width of street walls shall be located within eight feet of the street line and shall extend to at least a minimum base height of 60 feet, or the height of the building, whichever is lower.
         
         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 along a wide street or 15 feet along a narrow street are located within an outer court.
         
         In the corner locations designated on Maps 2 and 3, an open space may be provided within 75 feet of the corner, pursuant to the provisions of paragraph (b) of Section 141-33.
      2. In Residence Districts
         
         For street walls, or portions thereof, located in Residence Districts, at least 70 percent of the aggregate width of street walls shall be located within 15 feet of the street line and shall extend to at least the minimum base height set forth in paragraph (b) of this Section, or the height of the building, whichever is lower.
         
         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 along a wide street or 15 feet along a narrow street are located within an outer court.
         
         The underlying allowances for street wall articulation, set forth in paragraph (d) of Section 23-431 shall be permitted to project or recess, where applicable, beyond the street wall locations established in this paragraph.
         
         In the corner locations designated on Map 4, an open space may be provided within 75 feet of the corner, pursuant to the provisions of paragraph (b) of Section 141-33.
   3. Along other streets
      
      In Subareas A1 through A3, along streets that are not designated on Maps 2 through 4, and in Subarea A4, along all streets, no street wall location provisions shall apply, and no minimum base heights shall apply.
2. Base heights and maximum building heights
   
   The underlying height and setback regulations shall apply, except as modified below:
   1. for street walls facing the elevated rail structure, beyond 75 feet of the corner of streets intersecting Jerome or River Avenues, the maximum base height shall be 30 feet;
   2. the setback provisions of Section 23-433 (Standard setback regulations) shall apply except that for portions of buildings or other structures along Cromwell Avenue located beyond 200 feet from a corner, a minimum setback with a depth of at least 30 feet shall be provided;
   3. In R9A Districts, or in Commercial Districts mapped within R9A Districts:
      1. the maximum base height shall be 125 feet;
      2. above the required setback, the height of a building shall not exceed a maximum transition height of 175 feet;
      3. where the lot coverage of all buildings on the zoning lot above the maximum transition height has been reduced to 50 percent on zoning lots with a lot area less than or equal to 15,000 square feet, 40 percent on zoning lots with a lot area greater than 15,000 square feet but less than 30,000 square feet, and 30 percent for all other zoning lots, a building may rise to a maximum building height of 225 feet. The maximum street wall width of any story above the maximum transition height shall not exceed 165 feet and, where two or more non-contiguous portions of a building exist at the same level above the maximum transition height, such portions shall provide a minimum distance of 60 feet between facing walls at any point.
3. Required and permitted articulation
   
   In Subareas A1 through A3, along streets designated in Maps 2, 3 and 4 in the Appendix to this Chapter, for street wall widths exceeding 100 feet, a minimum of 20 percent of the surface area of street walls above the level of the second story, or a height of 30 feet, whichever is lower, shall either recess or project a minimum of three feet from the remaining surface of the street wall. Any such projections shall be considered a permitted obstruction into a required setback, provided that any projections with a depth greater than five feet shall be considered a dormer.
   
   In addition, the underlying dormer provisions of paragraph (b) of Section 23-413 (Permitted obstructions in certain districts) shall apply, except that in Subareas A1 through A3, for street walls intersecting within 100 feet of the corners designated on Maps 2, 3 and 4, and irrespective of the width of the street wall below the maximum base height, dormers shall be permitted within 100 feet of such intersecting street walls. Such dormers need not decrease in width as the height above the maximum base height increases.
   
   Any dormers or projections provided in accordance with this paragraph need not be included in the maximum lot coverage permitted above the maximum transition height, nor be included in the maximum street wall width of a story.

For zoning lots in R8A Districts, or in Commercial Districts mapped within, or with a residential equivalent of an R8A District, within 100 feet of a wide street located outside of Mandatory Inclusionary Housing areas, the underlying height and setback provisions applicable to an R8 District within 100 feet of a wide street shall apply. However, sky exposure plane buildings shall not be permitted, and the additional height allowances for eligible sites set forth in Section 23-434 (Height and setback modifications for eligible sites) shall not apply.

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 Jerome Avenue or River Avenue, or portions thereof, as well as designated street frontages shown on Maps 2 or 3 in the Appendix to this Chapter, shall be considered Tier C street frontages.

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

Along the elevated rail structure on Jerome or River Avenues, where open space is provided between the street line of the zoning lot and the street wall of a building facing the elevated rail structure, or in Subdistrict A, for Subareas A1 through A3, where open space is provided between the street wall and the corner at a location designated on Maps 2, 3 or 4 in the Appendix to this Chapter, the provisions of Section 22-613 (Front yard planting requirements) shall apply to all buildings, whether the ground floor is occupied by residential uses or non- residential uses, subject to the modifications of this Section. 

1. Along the elevated rail structure 
   
   Along the elevated rail structure on Jerome or River Avenues, a sidewalk widening, built to Department of Transportation standards, may be provided as an alternative to planting, provided that the area that would otherwise be allocated to planting, measured in square feet, is allocated to streetscape amenities, including, but not limited to, trees, bicycle racks, benches or wall treatment, that are provided along such sidewalk widening, as set forth below.
   
   Where benches are provided as an alternative to such planting, the length of such benches shall not exceed, in the aggregate, 15 feet per every 50 feet of street wall frontage. Where bicycle racks are provided, such racks shall be oriented so that the bicycles are placed parallel to the street wall, and the width of such bicycle racks shall not exceed, in the aggregate, 10 feet per every 50 feet of street wall frontage. Such benches or bicycle racks shall be located entirely within the zoning lot, and each bench or bicycle rack so provided shall be equivalent to 15 square feet of planted area.
   
   Where trees, and associated tree pits are provided as an alternative, the minimum depth of any open space between the street wall and street line shall be eight feet. Each tree provided shall be equivalent to 15 square feet of planted area.
   
   Where a wall treatment is provided as an alternative, it shall be in the form of permitted signs, graphic or sculptural art, rustication, decorative screening or latticework, or living plant material along the street wall. Such wall treatment shall extend to a height of at least 10 feet, as measured from the level of the adjoining sidewalk or grade, and shall have a minimum width of 10 feet, as measured parallel to the street wall. Portions of a street wall providing such wall treatment may satisfy applicable requirements of Section 141-32, or the planting requirement directly in front of such street wall.
   
   Where planting is provided, the minimum depth of open space between the street line and the street wall shall not be less than three feet.
2. In Subdistrict A
   
   In Subdistrict A, where open space is provided between the street wall and the intersection of two streets, pursuant to paragraph (a)(2) of Section 141-23, streetscape amenities may be provided as an alternative to planting, provided that the area that would otherwise be allocated to planting, measured in square feet, is allocated to trees, benches, or tables and chairs, as set forth below. However, planting shall not be reduced to less than 20 percent of the area of the open space.
   
   Each bench provided shall be equivalent to 10 square feet of planted area, and each set of tables and at least two chairs shall be equivalent to 15 square feet of planted area. Seating shall be publicly accessible, unless tables and chairs are associated with an open eating or drinking establishment on the zoning lot. The area under such seating shall be paved with permeable materials and shall either abut the adjoining sidewalk or be connected to such sidewalk by a circulation path at least five feet wide that is also paved with permeable materials.
   
   Each tree and associated tree pits provided shall be equivalent to 15 square feet of planted area, and shall be located at least 10 feet from any building wall or the adjoining sidewalk.
   
   Where planting is provided, the minimum depth of a planted bed shall not be less than three feet.

In no event shall chain link fencing or barbed or razor wire be permitted in any open space provided pursuant to this Section.

In all districts, for zoning lots existing on March 22, 2018, with frontage along Edward L. Grant Highway, West 170th Street, or the portions of Jerome or River Avenues with an elevated rail structure, and fronting along other streets, no curb cut accessing off-street parking spaces or loading spaces shall be permitted along such streets, as applicable.

The provisions of this Chapter shall apply within the Special Inwood 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 or qualifying transit improvement 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.

The regulations of this Chapter are designed to implement the Special Inwood District Plan. The District Plan, including Map 1 (Special Inwood District – Subdistricts and Subareas), Map 2 (Special Inwood District – Ground Floor Use and Curb Cut Regulations), and Map 3 (Special Inwood District – Transit Easement Zones) is set forth in the Appendix to this Chapter and is hereby incorporated as 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, district maps are located in the Appendix to 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 Inwood District – Subdistricts and Subareas

Map 2.        Special Inwood District – Ground Floor Use and Curb Cut Regulations

Map 3.        Special Inwood District – Transit Easement Zones

Map 4.        Waterfront Access Plan: Parcel Designation

Map 5.        Waterfront Access Plan: Public Access Areas

Map 6.        Waterfront Access Plan: Visual Corridors

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

Sherman Creek Subdistrict A

Tip of Manhattan Subdistrict B

Library Subdistrict C

Upland Area Subdistrict D

Infrastructure Zone Subdistrict E

Commercial “U” Subdistrict F

In each of these subdistricts, certain special regulations apply which do not apply within the remainder of the Special Inwood District. Within certain subdistricts, subareas are established, as follows:

Within Sherman Creek Subdistrict A:

Subarea A1

Subarea A2

Subarea A3

Within Tip of Manhattan Subdistrict B:

Subarea B1

Subarea B2

Subarea B3

Subarea B4

Within Upland Area Subdistrict D

Subarea D1

Subarea D2

Subarea D3

Subarea D4

The location and boundaries of subdistricts and subareas are outlined on Map 1 (Special Inwood District - Subdistricts and Subareas) in the Appendix to this Chapter.

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

Shoreline adjacent lot

For the purposes of this Chapter, a “shoreline adjacent lot” shall refer to a waterfront zoning lot with a shoreline length of more than 100 feet, or any zoning lot that has entered into a binding agreement to improve and maintain a waterfront public access area for an adjoining waterfront zoning lot.

Mandatory Inclusionary Housing areas within the Special Inwood District are shown in APPENDIX F of this Resolution.

Where the lot line of a zoning lot coincides with the former boundary of West 208th Street, as shown on Map 1 in the Appendix to this Chapter, such lot line shall be considered a street line for the purpose of applying all use and bulk regulations of this Resolution.

In Subarea A1, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, when a volume above a street, or portion thereof, has been eliminated, discontinued or closed, such volume may, at the option of an owner of a zoning lot adjoining such volume, be considered part of the adjoining zoning lot, and a development or enlargement may be located within such volume that is part of or connected to a building on the adjoining zoning lot utilizing floor area generated by the adjoining zoning lot, provided that the street below the volume is provided with lighting in accordance with Department of Transportation standards. In no event shall such volume contribute to the amount of lot area of any zoning lot for the purposes of generating floor area.

For the purposes of this Chapter, the shoreline shall be as shown on a survey available on the Department of City Planning website.

For all developments or enlargements involving ground floor level construction on a zoning lot that is wholly or partially located within a Transit Easement Zone, as shown on Map 3 (Special Inwood District – Transit Easement Zones) in the Appendix to this Chapter, a transit easement volume may be needed on such zoning lot for public access between the street and the adjacent above- or below-grade subway station, pursuant to the provisions of Section 66-20 (SPECIAL PROVISIONS FOR PRIMARY TRANSIT-ADJACENT SITES). Such zoning lots that are wholly or partially within a Transit Easement Zone shall be considered a primary transit-adjacent site, as defined in Section 66-11 (Definitions).

In Subarea B1, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, commercial or public utility vehicle storage, open or enclosed, including accessory motor fuel pumps, listed under Use Group IX(C), shall be a permitted use, open or enclosed.

In Subareas B2 and B3, as shown on Map 1, uses listed under Use Group III, shall be permitted, and uses listed under Food and Beverage Retailers in Use Group VI shall not be limited to floor area per establishment.

In Subdistrict D, as shown on Map 1, self-service storage facilities listed under Use Group IX(A), shall be permitted as-of-right in C6-2A Districts.

In C2 Districts mapped within R7 or R8 Districts, provisions of Section 32-421 (Limitation on floors occupied by commercial uses) shall be modified or buildings containing residences as follows. The limitations set forth in paragraph (a) of such Section shall be modified to apply to buildings constructed before August 8, 2018.

Within the portion of the C2-4 District mapped within an R8A District and the portion of the C2-4 District mapped within an R9A District, located east of Tenth Avenue, south of West 207th Street, west of Ninth Avenue and north of West 206th Street, the underlying provisions of Section 32-421 (Limitation on floors occupied by commercial uses) shall be inapplicable. In lieu thereof, Section 32-422 (Location of floors occupied by commercial uses) shall apply.

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.

In Subareas A1, B2 and B3, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, no uses listed under Use Group VI shall be permitted above the ground floor level.

In Subdistrict E, commercial and manufacturing activities and storage uses shall not be subject to the provisions of Section 42-51 (Enclosure of Commercial and Manufacturing Activities) or Section 42-52 (Enclosure or Screening of Storage).

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 streets, or portions thereof, designated on Map 2 (Special Inwood District – Ground Floor Use and Curb Cut Regulations) in Appendix A of this Chapter shall be considered Tier C street frontages.

On waterfront blocks, the provisions of Section 62-31 (Bulk Computations on Waterfront Zoning Lots) shall be modified so that lot area that is seaward of the shoreline shall not be included for the purpose of determining allowable floor area or to satisfy any other bulk regulation.

In Subareas A2, A3 and B1, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, the floor area regulations shall be modified as follows:

For zoning lots other than shoreline adjacent lots the maximum residential floor area ratio shall be 4.6. For shoreline adjacent lots, the maximum residential floor area ratio for qualifying affordable housing or qualifying senior housing shall be as set forth in Section 23-22 (Floor Area Regulations for R6 Through R12 Districts) for the particular district.

For zoning lots that are divided by zoning district boundary lines, floor area may be distributed within a zoning lot without regard to zoning district boundary lines.

Accessory parking located below a height of 33 feet shall be exempt from the definition of floor area.

In Subarea B2, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, all permitted uses shall have a permitted floor area ratio of 2.0. In Subarea B3, as shown on Map 1, the base floor area ratio shall be 5.0, and may be increased only in accordance with the provisions of this Section.

The Chairperson of the City Planning Commission shall allow, by certification, a transfer of floor area from a zoning lot located in Subarea B2 to a zoning lot located in Subarea B3 provided that the provisions of this Section are met. For the purpose of this Section, a “granting lot” shall mean a zoning lot within Subarea B2 that transfers floor area pursuant to this Section, and a “receiving lot” shall mean a zoning lot within Subarea B3 that receives additional floor area pursuant to this Section.

Such certification for a transfer of floor area shall be subject to the following conditions:

(a)        the maximum amount of floor area that may be transferred from a granting lot shall be based on a floor area ratio of 2.0, less the total floor area of all existing buildings on the granting lot and any previously transferred floor area;

(b)        each transfer, once completed, shall irrevocably reduce the amount of floor area that may be developed or enlarged on the granting lot by the amount of floor area transferred;

(c)        for developments or enlargements, which in the aggregate for both the granting lot and the receiving lot, involve an increase in the floor area of more than 20,000 square feet of the amount existing on August 8, 2018, a waterfront certification pursuant to Section 62-811 (Waterfront public access and visual corridors) has been granted; and

(d)        prior to the issuance of a building permit, as set forth in this Section, the owners of the granting lot and the receiving lot shall submit to the Chairperson a copy of the transfer instrument legally sufficient in both form and content to effect such a transfer. Notice of the restrictions upon further development or enlargement of the granting lot and the receiving lot shall be filed by the owners of the respective lots in the Office of the Register of the City of New York (County of New York). Proof of recordation shall be submitted to the Chairperson.

Both the transfer instrument and the notices of restrictions shall specify the total amount of floor area transferred and shall specify, by block and lot numbers, the granting lot and the receiving lot that are a party to such transfer.

An application filed with the Chairperson for certification pursuant to this Section shall be made jointly by the owners of the granting lot and the receiving lot, and shall include site plans and zoning calculations for the granting lot and receiving lot showing the additional floor area associated with the transfer, and any such other information as may be required by the Chairperson.

The Chairperson shall certify to the Department of Buildings that a development or enlargement is in compliance with the provisions of this Section only after the transfer instrument and notice of restrictions required by this Section have been executed and recorded with proof of recordation provided to the Chairperson. Such certification shall be a precondition to the filing for or issuing of any building permit allowing more than the basic maximum floor area ratio for such development.

A separate application shall be filed for each transfer of floor area to any zoning lot pursuant to this Section.

For zoning lots that are located partially in a Commercial District mapped within an R8A District and partially in a Commercial District mapped within an R9A District, residential floor area may transfer across the zoning district boundary from the Commercial District mapped within an R8A District to the Commercial District mapped within an R9A District.

In Subareas A2, A3, B1, B3 and B4, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, the provisions of Section 33-42 (Permitted Obstructions) shall apply to all buildings. In addition, a dormer shall be allowed as a permitted obstruction pursuant to paragraph (b) of Section 23-413 (Permitted obstructions in certain districts), and balconies shall be permitted in conjunction with residential uses as set forth in Section 23-62 (Balconies).

In Subareas A2, A3 and B1, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, for zoning lots other than shoreline adjacent lots, the height and setback regulations for R7A Districts set forth in the applicable provisions of Section 23-43, inclusive, shall apply.

The street wall location provisions of paragraph (a) of Section 35-631 shall apply to street frontages along and within 50 feet of Ninth Avenue, and the street wall requirements of paragraph (b) of Section 35-631 shall apply along all other street frontages of the zoning lot.

In Subarea A2, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, for shoreline adjacent lots, the following height and setback regulations shall apply:

1. Street wall location
   
   The street wall location provisions of paragraph (a) of Section 35-631 shall apply to street frontages along and within 50 feet of Ninth Avenue, and the street wall requirements of paragraph (b) of Section 35-651 shall apply along all other street frontages of the zoning lot. However, the street walls shall extend to at least the minimum base height set forth in paragraph (b) of this Section, or the height of the building, whichever is less.
2. Base height and setbacks
   
   The minimum base height shall be 60 feet on all street frontages. Within R9A Districts, or C1 or C2 Districts mapped within R9A Districts, the maximum base height shall be 105 feet. Within R8 Districts, or C1 or C2 Districts mapped within R8 Districts, the maximum base height before setback shall be 105 feet if the building’s maximum overall height does not exceed 155 feet, or 85 feet if a building is developed with a tower in accordance with the regulations of paragraph (e) of this Section.
   
   At a height not lower than the minimum base height nor higher than the maximum base height specified for the applicable district, a setback with a minimum depth of 10 feet shall be provided from the street wall of the base. Such setbacks may be modified in accordance with the provisions of Section 23-433.
3. Within 50 feet of the shoreline
   
   Within 50 feet of the shoreline, the height of a building along 30 percent of the length of a zoning lot, as measured parallel to Ninth Avenue, shall be limited to a maximum height of 30 feet, and the height along the remaining 70 percent may rise to a maximum height of 85 feet.
4. Maximum transition height
   
   After the required setback, buildings may rise to a maximum transition height of 155 feet. However, for portions of buildings exceeding the maximum base height with a gross area of a story of 10,000 square feet, or more, exclusive of any permitted dormers, setbacks shall be taken at any point above 125 feet to achieve a footprint reduction of 10 percent from stories below 125 feet. Any portion of a building that exceeds the maximum transition height shall be considered a tower and subject to the provisions of paragraph (e) of this Section.
5. Tower regulations
   
   Any portion of a building that exceeds the maximum transition height shall be subject to the following tower provisions:
   1. the gross area of any story shall not exceed 10,000 square feet, except that any dormers provided within the setback area shall not be included in such gross area;
   2. the gross area of any story located above 205 feet shall not exceed 90 percent of the gross area of that story located directly below a height of 205 feet;
   3. no portion of such tower shall be located within 80 feet of the shoreline;
   4. the width of such tower shall not exceed 100 feet, as measured parallel to Ninth Avenue. Such width shall be measured in plan and shall include the total width of the combined lot coverage of all stories above 125 feet; and
   5. the maximum height of such tower shall not exceed 245 feet.

Zoning lots with a lot area in excess of 1.5 acres may contain a second tower, provided that the heights of the two towers differ by at least 50 feet from each other, and provided that the combined width of the towers does not exceed 140 feet, as measured parallel to Ninth Avenue. Such width shall be measured in plan and shall include the total width of the combined lot coverage of all stories above 125 feet.

In Subarea A3, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, for shoreline adjacent lots, the height and setback regulations of this Section shall apply:

1. Base along West 207th Street and Ninth Avenue
   
   Along the West 207th Street and Ninth Avenue frontages, the street wall location provisions of paragraph (b) of Section 35-631 shall apply except that the street wall shall extend up to a minimum base height of 60 feet, or the height of the building, whichever is less, and a maximum base height of 105 feet. The boundary of any easement required for a street or sidewalk widening pursuant to Section 142-64 shall be considered the street line for the purpose of this Section.
   
   At a height not lower than the minimum base height nor higher than the maximum base height, a setback with a minimum depth of 10 feet shall be provided from the street wall of the base. Such setbacks may be modified in accordance with the provisions of Section 23-433.
2. Within 50 feet of the shoreline
   
   Within 50 feet of the shoreline, the maximum building height shall be 85 feet.
3. Within 30 feet of former West 208th Street
   
   Within 30 feet of Former West 208th Street, as shown on Map 1 in the Appendix to this Chapter, the height of a building along 30 percent of the length of a zoning lot, as measured along the former extent of West 208th Street, shall not exceed 30 feet, and the height of the remaining 70 percent may rise to a maximum height of 85 feet.
4. Maximum transition height
   
   Within the portion of the zoning lot that is beyond 100 feet of West 207th Street, after the required setback, buildings may rise to a maximum transition height of 145 feet. No towers shall be permitted above such maximum transition height.
   
   Within the portion of the zoning lot that is within 100 feet of West 207th Street, after the required setback, buildings may rise to a maximum transition height of 175 feet. Any portion of a building that exceeds such maximum transition height shall be considered a tower and subject to the provisions of paragraph (e) of this Section.
5. Tower regulations
   
   Any portion of a building that exceeds the maximum transition height shall be subject to the following tower provisions:
   1. the gross area of any story shall not exceed 10,000 square feet, except that any dormers provided within the setback area shall not be included in such gross area;
   2. the gross area of any story located above 255 feet shall not exceed 90 percent of the gross area of that story located directly below a height of 255 feet; and
   3. the maximum height of such tower shall not exceed 295 feet.

In Subarea B1, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, for shoreline adjacent lots, the height and setback regulations of Section 142-43 (Height and Setback for Sites in Subarea A2 With More Than 100 Feet of Shoreline) shall apply, except that paragraph (e) of such Section shall be modified to allow a tower to rise to a height of 265 feet, provided that the gross area of any story above 225 feet does not exceed 90 percent of the gross area of that story located directly below 225 feet. The visual corridor located between a line parallel to and 20 feet south of the prolongation of the centerline of West 218th Street and a line parallel to and 30 feet north of such centerline established by Section 142-60 (INWOOD WATERFRONT ACCESS PLAN) shall be treated as a narrow street line for the purposes of applying all height and setback regulations.

In Subarea B3, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, the maximum building height shall be 125 feet within 10 feet of a street line. Beyond 10 feet of a street line, the maximum building height shall be 265 feet.

In Subarea B4, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, the height of a building within 10 feet of a street line shall not exceed 125 feet. Portions of buildings located beyond 10 feet of a street line may rise to a maximum height of 210 feet. Any development or enlargement with frontage on West 218th Street must provide a sidewalk widening with a minimum depth of five feet along such frontage. Any development or enlargement with frontage on Ninth Avenue must provide a sidewalk widening with a minimum depth of five feet along such frontage.

In Subdistrict C, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, and in Subdistrict F, the underlying height and setback provisions shall be modified for zoning lots that share a side lot line with an adjacent zoning lot that is developed with a building constructed prior to December 15, 1961 that contain residences with legally required windows facing and located within 15 feet of the shared side lot line.

The street wall location provisions of paragraph (a)(1) of Section 35-631 shall apply except that where an adjoining zoning lot contains residences with legally required windows facing and within 15 feet of a shared side lot line, the street wall of a building need not extend along the entire street frontage of such a zoning lot if an open area is provided above the level of the first story or a height of 15 feet, whichever is lower, along the entire shared side lot line. Where such an open area is provided, the street frontage of such open area may be excluded for the purpose of applying the street wall location provisions of paragraph (a)(2) of Section 35-631.

In addition, where an open area with a depth of at least 15 feet, as measured perpendicular from the shared side lot line, and is provided in the form of a recess, court or other open area is provided along shared side lot line, and such open area is provided adjacent to all portions of a building on an adjoining zoning lot that contain legally required windows facing and located within 15 feet of the shared side lot line, the applicable maximum building height set forth in Section 35-63, inclusive, may be increased by 10 feet; and the maximum number of stories, if applicable, may be increased by one.

Zoning lots may apply the regulations of this Section along multiple side lot lines where applicable, but in no case shall the permitted building height be increased by more than one story or 10 feet, whichever is lower.

In Subdistricts C and D, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, all non-residential buildings in C4 and C6 Districts shall follow the height and setback regulations for qualifying affordable housing or qualifying senior housing as set forth in Section 23-432 (Height and setback requirements) for the applicable residential equivalent.

In Subdistrict D, all developments or enlargements on zoning lots within M1-4/R7A and M1-4/R9A Districts shall follow the height and setback regulations for qualifying affordable housing or qualifying senior housing as set forth in Section 23-432, for the applicable Residence District, except portions of zoning lots that are located within 30 feet of West 201st Street shall be limited to a maximum building height to 85 feet.

In Subdistrict D, for street walls with a transportation infrastructure adjacent frontage, the underlying height and setback regulations, or those set forth in Section 142-491, shall be modified pursuant to the provisions of paragraph (a) of Section 35-643 (Special provisions in other geographies).

All required or permitted accessory off-street parking spaces may be made available for public use. However, any such space shall be made available to the occupant of a residence to which it is accessory within 30 days after written request for such space is made to the landlord.

In Subarea A1, the underlying off-street parking regulations of Section 44-11 (General Provisions) are modified to permit accessory parking to be located on the roof of any story of a building.

For the purposes of determining requirements for waterfront public access areas, lot area shall not include any portion of a zoning lot that is seaward of the shoreline. For the purposes of determining the applicability of waterfront public access area requirements, pursuant to Section 62-52, all zoning lots with portions located within 40 feet of the shoreline shall be considered waterfront zoning lots.

On Parcel 1, as shown on Map 4 (Waterfront Access Plan: Parcel Designation) in the Appendix to this Chapter, for the purposes of calculating the total waterfront public access area requirements on a “granting lot,” as described in Section 142-23 (Floor Regulations in Subarea B2 and B3), lot area shall be the combined lot area of all “granting lots” and all “receiving lots.”

In Tip of Manhattan Subdistrict B, for Parcels 1 and 2/3, as shown on Map 4 (Waterfront Access Plan: Parcel Designation) in the Appendix to this Chapter, the following regulations shall apply.

1. Applicability of waterfront public access area requirements to Use Group IX(C)
   
   In Subarea B1, as shown on Map 1, developments of buildings containing exclusively commercial or public utility vehicle storage, including accessory fuel pumps, as listed in Use Group IX(C), shall be exempted from waterfront public access area requirements.
2. Shore public walkways
   
   On Parcel 1, no shore public walkway shall be required.
3. Upland connections
   
   On Parcel 2/3, upland connections shall be provided along the shared boundary between Parcels 1 and 2/3, and within the area located between a line parallel to and 20 feet south of the prolongation of the centerline of West 218th Street and a line parallel to and 30 feet north of such centerline.
4. Supplemental public access areas
   1. on Parcel 1, supplemental public access area shall be bounded by Ninth Avenue to the west, the shared boundary of Parcels 1 and 2/3 to the south, and the stabilized shore to the east. Section 62-571 (Location and area requirements for supplemental public access areas) shall not apply to such supplemental public access area;
   2. on Parcel 2/3, supplemental public access area, if required, shall be located at the intersection of the upland connection and the shore public walkway. Section 62-571 shall be modified to allow the longest side of such supplemental public access area to adjoin the upland connection provided that the maximum depth measured perpendicular to the upland connection does not exceed 1.5 times the width measured parallel to the upland connection.
5. Visual corridors
   
   Visual corridors shall be provided at three locations as shown on Map 6 (Waterfront Access Plan: Visual Corridors) in the Appendix to this Chapter:
   1. within the prolongation of the street lines of West 220th Street;
   2. within the prolongation of the street lines of Ninth Avenue;
   3. within the area located between a line parallel to and 20 feet south of the prolongation of the centerline of West 218th Street and a line parallel to and 30 feet north of such centerline. In the event that such visual corridor abuts an open area with a minimum depth of 20 feet along the entire length of such visual corridor, and an easement for such open area has been recorded against the property, the minimum dimension of a visual corridor set forth in Section 62-512 (Dimensions of visual corridors) may be reduced to 30 feet.

In the Sherman Creek Subdistrict A, Parcels 5, 6, 7, 8 and 9, as shown on Map 4 (Waterfront Access Plan: Parcel Designation) in the Appendix to this Chapter, the following regulations shall apply.

(a)        Shore public walkways

(1)        Waterfront zoning lots that have a shoreline measuring more than 100 feet shall provide a shore public walkway as required by Section 62-53 (Requirements for Shore Public Walkways).

(2)        Zoning lots within or partially within 40 feet of the shoreline that do not abut the shoreline, or that contain a shoreline measuring 100 feet or less shall provide either:

(i)        a shore public walkway, located partly on the zoning lot and partly on an adjoining waterfront zoning lot; or

(ii)        a shore public walkway on any portion of the zoning lot within 40 feet of the shoreline. Such shore public walkway shall have a minimum width of 14 feet, and its pedestrian circulation path shall connect to and provide access from adjoining public streets, parks or public places. Such shore public walkway shall extend beyond 40 feet of the shoreline as necessary to satisfy the minimum dimensional requirements, but the total area of the shore public walkway need not exceed an area equivalent to that portion of the zoning lot within 40 feet of the shoreline. The provisions of Section 62-62 (Design Requirements for Shore Public Walkways and Supplemental Public Access Areas) shall be modified to allow the circulation path to have a minimum width of 10 feet and to be located entirely beyond 10 feet from the shoreline. In addition, for Parcels 6, 7 or 8, the planting requirements set forth in paragraph (c)(1) of Section 62-62 need not apply.

Where the zoning lot does not include all of the adjacent shoreline, the design of the shore public walkway shall be compatible with the future improvement of public access areas on the land between the zoning lot and the shoreline.

(3)        The primary circulation path required pursuant to Section 62-62 shall be provided at a minimum elevation of 7.5 feet above the shoreline, except that such requirement need not include portions of a circulation path that slope downward to meet the elevation of an existing publicly accessible sidewalk.

(b)        Supplemental public access areas

On Parcel 5, no supplemental public access area shall be required.

(a)        Section 62-811 (Waterfront public access and visual corridors) shall not apply to Parcel 5, as shown on Map 4 (Waterfront Access Plan: Parcel Designation) in the Appendix to this Chapter. In lieu thereof, the following regulations shall apply:

Required Certification

No excavation or building permit shall be issued for any development on Parcel 5 until the Chairperson of the City Planning Commission has certified to the Department of Buildings, that:

(1)        a site plan has been submitted showing compliance with the provisions of Sections 62-50 (GENERAL REQUIREMENTS FOR VISUAL CORRIDORS AND WATERFRONT PUBLIC ACCESS AREAS) and 62-60 (DESIGN REQUIREMENTS FOR WATERFRONT PUBLIC ACCESS AREAS) as modified by Section 142-60 (INWOOD WATERFRONT ACCESS PLAN);

(2)        the Chairperson has certified that an easement, the requirements for which shall be determined in consultation with the Department of Transportation, has been provided to enlarge the adjoining mapped streets, an instrument creating such easement has been recorded in the Office of the City Register, and a certified copy of such easement has been submitted to the Department of City Planning; and

(3)        an acceptable restrictive declaration is executed and filed pursuant to Section 62-74 (Requirements for Recordation).

(b)        Buildout of Adjoining Streets

No certificate of occupancy for any development on Parcel 5 shall be issued until the Department of Buildings has been furnished with a certification by the Department of Transportation that adjoining mapped streets have been built out to Department of Transportation standards.

Within 45 days of receipt of a complete application, the Chairperson shall either certify that the proposed development complies with the requirements of this Section or disapprove such application, citing the nature of any failure to comply. Failure to certify or disapprove such application within the 45 day period will release the Department of Buildings or the Department of Small Business Services from any obligation to withhold the excavation or building permit and authorize such agency to determine compliance with the provisions of this Section.

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

Definitions specifically applicable to this Chapter are set forth in this Section. Other defined terms are set forth in Sections 12-10 (DEFINITIONS) and 32-301 (Definitions).

Qualifying building

For the purposes of this Chapter, a “qualifying building” shall be any building where, prior to December 15, 2021:

1. such building contained at least 60,000 square feet of floor area; and
2. at least 20 percent of the floor area within such building was allocated to non-residential floor area, as such term is utilized in Section 143-13.

SoHo-NoHo Arts Fund

For the purposes of this Chapter, the “SoHo-NoHo Arts Fund” (the “Arts Fund”) shall be a separate interest-bearing account established for the deposit of contributions made when converting joint living-work quarters for artists to residences in accordance with the provisions of Section 143-12 (Joint Living-Work Quarters for Artists). Funds within the SoHo-NoHo Arts Fund shall be allocated by the New York City Department of Cultural Affairs, or a not-for-profit entity designated by the Department of Cultural Affairs, to support arts programming, projects, organizations, and facilities that promote the public presence of the arts within the Special District and surrounding neighborhoods and extend the cultural legacy of SoHo and NoHo generally. Such allocation should prioritize under-resourced organizations and under-served areas within Lower Manhattan neighborhoods south of 14th Street.

No later than June 30 of each year, the Department of Cultural Affairs shall submit a report to the Speaker detailing the amount of money deposited into the SoHo-NoHo Arts Fund and any expenditure of funds.

In order to carry out the purposes and provisions of this Chapter, a district map is located in the Appendix to this Chapter and is hereby incorporated and made an integral part of this Resolution. It is incorporated for the purpose of specifying locations where special regulations and requirements, as set forth in the text of this Chapter, apply:

Appendix A

        Map 1. Ground Floor Use Requirements

Such map is hereby incorporated and made part of this Resolution for the purpose of specifying locations where the special regulations and requirements set forth in the text of this Chapter apply.

For the purposes of applying the Mandatory Inclusionary Housing Program provisions set forth in Section 27-10 (ADMINISTRATION OF AFFORDABLE HOUSING), Mandatory Inclusionary Housing areas within the Special SoHo-NoHo Mixed Use District are shown on the maps in APPENDIX F of this Resolution. Such provisions are modified as follows:

1. Conversions from joint living-work quarters for artists to residences, as set forth in Section 143-12 (Joint Living-Work Quarters for Artists), shall not be subject to the provisions of paragraph (a)(1) of Section 27-131 (Mandatory Inclusionary Housing).
2. The provisions of paragraph (a)(4)(i) of Section 27-131 shall apply:
   1. in M1 Districts paired with R7D Districts, to developments or enlargements on zoning lots existing on December 15, 2021, on which the maximum permitted residential floor area, less floor area equivalent to a floor area ratio of 0.6, does not exceed 12,500 square feet; and
   2. in all other districts, to developments or enlargements on zoning lots existing on December 15, 2021, on which the maximum permitted residential floor area, less the lot area, does not exceed 12,500 square feet.
3. For conversions in buildings existing prior to December 15, 2021, that are not otherwise subject to paragraph (a)(3)(v) of Section 27-131, the Board of Standards and Appeals may permit a contribution to the affordable housing fund, pursuant to the provisions of Section 73-624 (Modification of Affordable Housing Fund payment options in the SoHo NoHo Mixed Use District).

In flood zones, or for transit-adjacent sites or qualifying transit improvement 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 Zones), or Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI shall control.

In the Special SoHo-NoHo Mixed Use District, M1 Districts are paired with a Residence District. In paired districts, the special use, bulk, and parking and loading provisions of Article XII, Chapter 3 (Special Mixed Use District) shall apply, except where modified by the provisions of this Chapter.

Notwithstanding the provisions of Section 123-10 (GENERAL PROVISIONS), in the event of a conflict between the provisions of this Chapter and the provisions of Article XII, Chapter 3, the provisions of this Chapter shall control.

The provisions of Article I, Chapter 5 shall apply to the conversion of non-residential floor area to residences or community facilities with sleeping accommodations, except where such regulations are modified by the provisions of this Chapter. Where the regulations in effect prior to the establishment of this Chapter were utilized to provide floor area for joint living-work quarters for artists in a manner not otherwise permitted by Article I, Chapter 5, such provisions may continue to apply in order to convert such floor area to residences, provided that light and air provisions of Section 15-112 (Light and air provisions), and conversion provisions of Section 143-13 (Joint Living-Work Quarters for Artists) are met.

Within the Special SoHo-NoHo Mixed Use District, the following use modifications shall apply:

1. the following uses listed under Use Group III shall not be permitted:
   
   colleges or universities, including professional schools but excluding business colleges or trade schools
   
   college or school student dormitories and fraternity or sorority student houses;
2. eating or drinking establishments listed under Use Group VI, shall be limited to 8,500 square feet of floor area per establishment; and 
3. uses listed under Use Group VI with a size limitation, as denoted in the Use Group table with an “S”, are subject to the following modifications:
   1. for establishments with a primary entrance along a wide street, 25,000 square feet of floor area per establishment; and
   2. for all other establishments, 10,000 square feet of floor area per establishment.

However, the City Planning Commission may, by special permit, allow uses that exceed the size limitations of this paragraph, pursuant to Section 143-31 (Special Permit for Certain Retail Uses).

For the purposes of this Chapter, the home occupation provisions of Section 12-10 shall apply, except that a home occupation may occupy more than 1,000 square feet of floor area and up to three persons not residing in the dwelling unit or rooming unit may be employed. In addition to the uses listed in Section 12-10, a home occupation may include any permitted commercial use.

Conversions to joint living-work quarters for artists shall not be permitted after December 15, 2021, within the Special SoHo-NoHo Mixed Use District.

For developments, enlargementsor conversions, for the purposes of applying Section 123-22 (Additional Conditions for Certain Uses), joint living-work quarters for artists shall not be considered an existing manufacturing or commercial use.

For joint living-work quarters for artists existing on December 15, 2021, any conversion to a residence shall only be permitted upon certification by the Chairperson of the City Planning Commission to the Commissioner of the Department of Building that instruments in a form acceptable to the City are executed and recorded and that, thereafter, a contribution has been deposited in the SoHo-NoHo Arts Fund. The execution and recording of such instruments and the payment of such non-refundable contribution shall be a precondition to the filing for or issuing of any building permit allowing the conversion a joint living-work quarters for artists to a residence.

The contribution amount shall be $100.00 per square foot of floor area to be converted from a joint living-work quarters for artists to a residential use as of December 15, 2021, and shall be adjusted by the Chairperson annually. Such adjustment shall occur on August 1 of each calendar year, based on the percentage change in the Consumer Price Index for all urban consumers as defined by the U.S. Bureau of Labor Statistics for the 12 months ended on June 30 of that year. The contribution amount shall be determined based upon the rate which is in effect at the time the contribution is received.

For developments, enlargements, and conversions on zoning lots with qualifying buildings existing on December 15, 2021, residential uses shall only be permitted upon certification by the Chairperson of the City Planning Commission to the Commissioner of the Department of Buildings that the zoning lot, as it existed on December 15, 2021, will contain at least the amount of non-residential floor area that existed within such qualifying buildings on the zoning lot on December 15, 2021, or where the qualifying building will be converted to residences that are exclusively 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. For the purposes of this Section, non-residential floor area shall not include residences, including dwelling units that are registered Interim Multiple Dwellings or are covered by the New York City Loft Board pursuant to Article 7-C of the New York State Multiple Dwelling Law or that the Loft Board determines were occupied for residential use on September 1, 1980, joint living-work quarters for artists, community facility uses with sleeping accommodations or transient hotels, where permitted.

A restrictive declaration acceptable to the Department of City Planning shall be executed and recorded, binding the owners, successors and assigns to provide the amount of non-residential floor area that existed within qualifying buildings on December 15, 2021, on the zoning lot. Such restrictive declaration shall be recorded in the Office of the City Register.

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 streets, or portions thereof, designated on Map 1 in the Appendix of this Chapter shall be considered Tier C street frontages.

The applicable floor area regulations shall be modified as follows:

1. the maximum floor area ratio for qualifying affordable housing or qualifying senior housing shall be as set forth in the table below:
   

   District	Maximum floor area ratio
   M1-5/R7D	5.6
   M1-5/R7X	6.0
   M1-5/R9A	8.5
   M1-5/R9X, south of East Houston Street	9.7
   M1-5/R10 and M1-6/R10	12.0

2. the floor area ratio for community facility uses shall be 6.5; and
3. in M1-6 Districts paired with an R10 District east of Broadway and north of Great Jones Street, the floor area ratio for all other non-residential uses shall be 7.0.

The applicable rear yard and rear yard equivalent regulations shall be modified as follows:

(a)        Permitted obstructions

In any rear yard or rear yard equivalent, any building or portion of a building used for commercial, manufacturing, or residential uses, other than dwelling units, shall be a permitted obstruction, provided that the height of such building shall not exceed one story, excluding basement, nor in any event 23 feet above curb level.

In addition, in M1-5 Districts paired with an R9X District north of Howard Street, in any rear yard, any building or portion of a building used for any permitted non-residential use, shall be a permitted obstruction, provided that the height of such building, or portion thereof, shall not exceed two stories, excluding basements, nor in any event 30 feet above curb level.

Any allowance for other permitted obstructions above a building in a rear yard or rear yard equivalent set forth in Section 43-23, shall be permitted above such modified height limitations.

(b)        Required rear yards

For all uses, a rear yard with a depth of not less than 20 feet shall be provided at every rear lot line on any zoning lot, except as follows:

(1)        no rear yard shall be required within 100 feet of the point of intersection of two street lines intersecting at an angle of 135 degrees or less;

(2)        whenever a front lot line of a zoning lot coincides with the short dimension of a block, no rear yard shall be required within 100 feet of such front lot line#; and

(3)        for shallow interior lots, the provisions of paragraph (b) of Section 23-342 (Rear yard requirements) may be applied.

(c)        Required rear yard equivalents

For buildings, or portions thereof, containing non-residential uses, no rear yard equivalent shall be required on any through lot or through lot portion of a zoning lot.

For buildings, or portions thereof, containing residential uses, on any through lot that is 110 feet or more in maximum depth from street to street, a rear yard equivalent consisting of an open area with a minimum depth of 40 feet midway, or within 10 feet of being midway, between the two street lines upon which such through lot fronts, shall be provided.

For shallow through lots, the provisions of paragraph (b)(2) of Section 23-343 (Rear yard equivalent requirements) may be applied.

(d)        Along district boundaries

The provisions of 43-30 (Special Provisions Applying Along District Boundaries), shall not apply along the district boundaries of two M1 Districts paired with Residence Districts.

For the purposes of this Section, Watts Street, West Broadway, Centre Street, and Great Jones Street shall be considered wide streets.

The applicable height and setback regulations are modified as follows:

(a)        Street wall location

The street wall location provisions of paragraph (a) of Section 35-631 shall apply to all street frontages, except that the street wall shall extend to at least the minimum base height as set forth in paragraph (b) of this Section, or the height of the building, whichever is less. On through lots, the additional regulations set forth in paragraph (b) of Section 23-436 shall not apply.

(b)        Base heights and maximum building heights

The table below sets forth the minimum and maximum base height, and maximum building height for all buildings.

A setback is required for all portions of a building that exceed the maximum base height specified for the applicable district and shall be provided in accordance with paragraph (c) of this Section.

MINIMUM BASE HEIGHT, MAXIMUM BASE HEIGHT,
AND MAXIMUM BUILDING HEIGHTS

(c)        Setbacks

At a height not lower than the minimum base height or higher than the maximum base height specified for the applicable district in the table in paragraph (b) of this Section, a setback shall be provided in accordance with paragraphs (a) through (c) of Section 23-433 (Standard setback regulations).

(d)        Dormers

For all buildings or other structures, a dormer shall be allowed as a permitted obstruction pursuant to paragraph (b)(1) of Section 23-413 (Permitted obstructions in certain districts).

For buildings containing residences, or portions thereof, the following additional bulk modifications shall apply.

(a)        Outer court modifications

For outer courts containing legally required windows, if an outer court is less than 20 feet wide, the width of such outer court shall be at least equal to the depth of such outer court. If an outer court is 20 feet or more in width, it may extend to any depth.

(b)        Inner court modifications

For inner courts containing legally required windows, the area shall not be less than 600 square feet, and the minimum dimension of such inner court shall not be less than 20 feet.

The minimum horizontal distance between a legally required window opening on an inner court and any wall opposite such window on the same zoning lot shall not be less than 20 feet.

Within the Special SoHo-NoHo Mixed Use District, the City Planning Commission may, by special permit, allow uses that exceed the size limitations of paragraph (c) of Section 143-11, provided that the conditions of paragraph (a) and the findings of paragraph (b) are met.

1. Conditions
   
   For buildings that do not contain accessory off-street loading berths, the application shall include a delivery plan for the retail use. Such loading plans shall be based upon a traffic and curbside management study prepared by a qualified professional, outlining and identifying the operational needs of the tenant as well as adjacent uses.
2. Findings
   
   The Commission shall find that:
   1. in consultation with the Department of Transportation, where a loading plan is provided, such plan will incorporate sustainable best practices in loading, consolidating, timing of deliveries and other delivery methods and procedures;
   2. such retail use will not create or contribute to serious safety concerns, unduly inhibit pedestrian, cyclist or vehicular movement adjacent to the site; and
   3. such retail use will not impair the character or the future use or development of the surrounding mixed-use neighborhood.

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

Definitions specifically applicable to this Chapter are set forth in this Section and may modify definitions set forth in Section 12-10 (DEFINITIONS). Where a term in italics is defined in both Section 12-10 and in this Chapter, the definitions in this Chapter shall govern.  The terms pier, platform, and floating structure shall have the meaning set forth in Section 62-11 (Definitions).

Barge Basin

“Barge Basin” shall mean that inlet from the East River identified on Map 2 in the Appendix to this Chapter as the Barge Basin.

Shoreline

The definition of shoreline set forth in Section 12-10 is modified for the purposes of this Chapter to mean the shoreline on a survey available on the Department of City Planning website.

The provisions of this Chapter shall apply within the Special Brooklyn Navy Yard District. The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented, or modified by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control. However, in flood zones, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Zones), the provisions of Article VI, Chapter 4 shall control.

The regulations of this Chapter are designed to implement the Special Brooklyn Navy Yard District Plan. The district plan includes the following maps in the Appendix to this Chapter:

Map 1        Special Brooklyn Navy Yard District and Subdistricts

Map 2        Barge Basin Subareas

Map 3        Navy Street Central Subarea

Map 4        Flushing Avenue Subareas and View Corridors

Map 5        Street Line Locations in the Barge Basin Subdistrict

Map 6        Primary Street Frontages

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

In order to carry out the purposes and provisions of this Chapter, four subdistricts are established within the Special Brooklyn Navy Yard District comprised of three perimeter subdistricts and one core subdistrict for the remainder of the Yard. In addition, one subarea is established within the Navy Street Subdistrict, two subareas are established within the Flushing Subdistrict and two subareas are established within the Barge Basin Subdistrict.

Perimeter Subdistricts

Navy Street Subdistrict

Navy Street Central Subarea

Flushing Subdistrict

Flushing West Subarea

Flushing East Subarea

Barge Basin Subdistrict

Barge Basin East Subarea

Barge Basin West Subarea

Core Subdistrict

The boundaries of the Subdistricts are shown in Map 1 and the boundaries of the Subareas are shown on Maps 2 through 4 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 Brooklyn Navy Yard District except as expressly provided in this Chapter.

For all purposes of this Chapter, the Special Brooklyn Navy Yard District shall be deemed to be a single zoning lot except where expressly provided otherwise in this Chapter. Floor area attributable to the zoning lot may be located anywhere on the zoning lot without regard to Subdistrict boundary lines, and all floor area located within a Subdistrict shall be subject to the use and bulk requirements of such Subdistrict.

In all districts, the underlying use regulations are modified as follows:

The provisions of Section 62-21 (Classification of Uses in the Waterfront Area), Section 62-22 (Commercial Docking Facilities), Section 62-24 (Uses on Piers and Platforms), and Section 62-25 (Uses on Floating Structures) shall apply, provided that all uses existing on piers and platforms as of December 15, 2021, shall be deemed conforming uses.

The provisions of Section 42-10 (USE ALLOWANCES) shall be modified to permit the following uses in M2-1 Districts, subject to the requirements of Section 144-213 (Floor area limitations on additional uses):

1. all uses listed under Use Group III(B) shall be permitted; and
2. all uses listed under Use Group VI shall be permitted, and where such uses have a size limitation, as denoted with an “S” in the Use Group tables set forth in Section 42-16 (Use Group VI – Retail and Services), such size limitation shall not apply.
   

Within M3-1 Districts, the City Planning Commission may allow, by authorization, schools, colleges or universities, without sleeping accommodations, as listed in Use Group 3A, provided that the Commission finds that:

(a)        such school, college or university has an academic program compatible with a tenant or industrial operation in the Special Brooklyn Navy Yard District; and

(b)        the location of the school, college or university will not interfere with any manufacturing use or alter the essential industrial character of the Special Brooklyn Navy Yard District.

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

In the Special Brooklyn Navy Yard District, the underlying sign regulations of Section 42-60 (SIGN REGULATIONS) shall apply, except as modified by the provisions of Section 144-141 (Illuminated non-flashing signage) through Section 144-143 (Special provisions near certain parks).

The underlying floor area regulations of Section 43-10 (FLOOR AREA REGULATIONS), inclusive, are modified by the provisions of Sections 144-211 (Floor area ratio) through 144-213 (Floor area limitations on additional uses).

The underlying yards regulations of Section 43-20 (YARD REGULATIONS), inclusive, and Section 43-31 (Other Special Provisions for Rear Yards) shall not apply. In lieu thereof, the provisions of this Section shall apply.

In all districts, no building shall be located closer to the shoreline than 30 feet, except for buildings used for water dependent uses, as set forth in Section 62-21 (Classification of Uses in the Waterfront Area), or buildings containing not more than 5,000 square feet of floor area.

The shoreline setback requirement shall be reduced in dimension, or eliminated, where the Chair of the City Planning Commission certifies to the Commissioner of the Department of Buildings or the Commissioner of the Department of Small Business Services, as applicable, that either:

(a)        a building proposed to be located within such 30-foot setback area incorporates flood protection measures for the immediate area of the building that protect the building to a level that is 58 inches above the mean high water line existing on December 15, 2021; or

(b)        a district-wide resiliency plan for the Special Brooklyn Navy Yard District has been adopted and the measures to be incorporated in connection with the development or already in place are in furtherance of the district-wide plan.

Measures shall be deemed protective if they alone or together with other measures in place at the time of construction protect the building from flooding to the elevation set forth in paragraph (a) of this Section or if they would support protection of the entire Special Brooklyn Navy Yard District to such elevation without further improvement of the portion of area directly seaward of the proposed building.

The Chairperson shall certify the application within 45 days of receipt of a complete application. Failure to certify within the 45-day period will release the Department of Buildings or the Department of Small Business Services from any obligation to withhold the excavation or building permit and authorize such agency to determine compliance with the provisions of this Section.

The underlying height and setback regulations of Section 43-40 (HEIGHT AND SETBACK REGULATIONS) are modified by the provisions of this Section, inclusive.

Within the Special Brooklyn Navy Yard District the City Planning Commission may, by special permit, allow modifications to the bulk regulations of this Chapter and the underlying bulk regulations, except floor area regulations, provided the Commission finds that:

(a)        such modifications further the needs and objectives of the Special Brooklyn Navy Yard District;

(b)        such bulk modifications will result in a better site plan and will benefit the occupants and users of the Special Brooklyn Navy Yard District and the residents of the surrounding neighborhood;

(c)        such bulk modifications will permit adequate access to 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 Brooklyn Navy Yard District to the detriment of the occupants or users of buildings in the Special Brooklyn Navy Yard District or on nearby blocks.

The Commission may impose appropriate conditions and safeguards to assure that such modifications will not adversely affect the surrounding area.

Mandatory public access areas in connection with any development or enlargement shall be provided in accordance with the provisions of paragraphs (a) through (c) of this Section. The phasing of public access areas shall be permitted in accordance with paragraph (d). Developments or enlargements that are exempt from public access area requirements are set forth in paragraph (e).

(a)        Navy Street Central Subarea

A public access area in an amount equal to at least 15 percent of the lot area of the Navy Street Central Subarea shall be provided within the boundaries of such Subarea. The required public access area shall have a minimum dimension, in all directions, of 50 feet for at least 80 percent of the public access area and shall have no dimension of less than 30 feet for the remainder of the required public access area.

(b)        Flushing East Subarea

A public access area with a minimum depth of 50 feet, as measured perpendicular to the street line of Flushing Avenue, shall be provided within the boundaries of such Subarea along the entire length of the street wall line adjacent to the development or enlargement, and shall extend to the nearest view corridors depicted on Map 4 (Flushing Avenue Subareas and View Corridors) of this Chapter, and for developments or enlargements located east of the Waverly Avenue view corridor, to the boundary of the prolongation of Washington Avenue.

(c)        Barge Basin East and West Subareas

A public access area in an amount of at least 30 percent of the lot area of Barge Basin East Subarea, and a public access area in an amount of at least 20 percent of the lot area of Barge Basin West Subarea shall be provided within such respective Subareas.

Such public access areas shall consist of:

(1)        in the Barge Basin East Subarea, a pedestrian esplanade with a seaward edge contiguous with the eastern edge of the Barge Basin and a minimum width of 40 feet, as measured perpendicular to such edge, and in the Barge Basin West Subarea, a pedestrian esplanade with a seaward edge contiguous with the western edge of the Barge Basin and a minimum width of 50 feet, as measured perpendicular to such edge;

(2)        in the Barge Basin East Subarea, a pedestrian connection with a minimum width of 30 feet located along the shared boundary between the Barge Basin East Subarea and the contiguous property to the northeast connecting the Kent Avenue and the eastern portion of the pedestrian esplanade required by this Section;

(3)        in the Barge Basin East Subarea, a pedestrian connection with a minimum width of 60 feet, located within 150 feet of the southern boundary of the Barge Basin East Subarea and connecting Kent Avenue and the pedestrian esplanade required by this Section;

(4)        in the Barge Basin West Subarea, an esplanade entry area at the southern end of the Barge Basin West Subarea, having a minimum width of 60 feet and a minimum length of 30 feet measured parallel to the western edge of the Barge Basin; and

(5)        any supplemental publicly accessible space contiguous to one or more of the elements set forth above as may be required to achieve the required percentage of publicly accessible area.

(d)        Public Access Area Phasing

Where the Navy Street, Barge Basin East and Barge Basin West Subareas are developed with more than one building or enlarged in phases, or there is an increase in building lot coverage, the mandatory public access area may be constructed in phases, provided that, at the completion of each phase by certification of the Chairperson of the City Planning Commission, the following criteria are met:

(1)        the square footage of public access area being provided in any phase shall be in proportion to the total public access requirement based on the area of the Subarea being developed or enlarged as compared to the lot coverage of the Subarea. Any public access area provided in an earlier phase in excess of the amount required for such phase may be applied to a later phase;

(2)        the public access area being proposed in any phase shall not prevent the total amount of public access area required for a Subarea from being achieved;

(3)        any phased portion of the required public access area shall comply with the minimum widths and other dimensions required for the public access areas;

(4)        any phased portion of the required public access area shall connect directly to either a street or an improved public access area;

(5)        in the Barge Basin West Subarea:

(i)        public access to be provided shall include the portion of the required public access area located between the development or enlargement and the Barge Basin; and

(ii)        where any development or enlargement included in a phase is located within 100 feet of the southern boundary of the Subarea, the public access area shall also include the required public access area between the southern boundary and the development or enlargement; and

(6)        a proportionate amount of planting shall be included within each phase.

(e)        Exceptions to Public Access Area Requirements for Minor Developments

The public access area requirements of paragraphs (a) through (d) of this Section shall not apply to any development or enlargement where:

(1)        the additional floor area created through such development or enlargement in the respective Subarea, as compared to the floor area existing on December 15, 2021, does not exceed:

(i)        10,000 square feet in either the Barge Basin East or the Navy Street Central Subareas; or

(ii)        20,000 square feet in either the Barge Basin West or Flushing East Subareas;

(2)        such floor area is allocated exclusively to uses in Use Group 11, 16, 17, or 18; and

(3)        such floor area is not located within the boundaries of designated public access areas required pursuant to this Section or, if located in the Navy Street Central Subarea, is not within 50 feet of a street.

The required public access areas in each Subarea shall comply with the following provisions:

(a)        The required public access area shall be open to the sky, provided that building awnings, entrance canopies, solar shading devices, and similar structures attached to an adjoining building and extending over the public access area shall be permitted;

(b)        The required public access area shall include planted areas in an amount not less than 20 percent of the area of the required open space;

(c)        At least one linear foot of seating shall be provided for each 200 square feet of required public access areas, except that for the pedestrian connection required pursuant to paragraph (c)(2) of Section 144-31, at least 12 linear feet of seating for every 100 feet of pedestrian connection shall be provided; and

(d)        Public access area signage complying with the requirements of Section 37-751 (Public space signage systems) shall be located at all entry points to the public access areas.

(e)        In the Barge Basin Subdistrict:

(1)        the pedestrian esplanade around the Barge Basin and the pedestrian connections from Kent Avenue to the eastern pedestrian esplanade shall include a primary circulation path along the length of such elements with a minimum clear width of 10 feet; and

(2)        at least three different types of seating shall be provided, which may include moveable seating, fixed individual seats, fixed benches with and without backs, and design-feature seating such as seat walls, planter ledges, or seating steps.

Additional amenities including pathways, seating steps, entrances to adjoining buildings, artwork, maritime or industrial elements, tables, seating above the required minimum, lighting fixtures, litter receptacles, kiosks, children play areas, railings, drinking fountains, water features, planting and trees may be included in the public access areas and shall be permitted obstructions.

All public access areas shall be open to the public from 6:00 a.m. to 10:00 p.m. from April 15th to October 31st and from 7:00 a.m. to 8:00 p.m. from November 1st to April 14th, except when required to be closed for repairs.

The owner of each applicable portion of a Subarea, or a ground tenant if the applicable portion is subject to a ground lease, shall be responsible for the maintenance and operation of the required public access area. Maintenance shall include, but not be limited to, necessary repairs, litter control and the care and replacement of vegetation. The owner or ground tenant of a public access area may temporarily close the smallest portion reasonably necessary for the shortest period of time reasonably necessary to make repairs or to mitigate hazardous or emergency conditions, or in connection with construction on adjacent areas.

No excavation or building permit shall be issued for any development or enlargement requiring the provision of a public access area in the Navy Street Central Subarea, the Barge Basin East Subarea, or the Barge Basin West Subarea until the Chairperson of the City Planning Commission certifies to the Department of Buildings or Department of Small Business Services, as applicable, that a complete application has been submitted showing compliance with the applicable provisions of Section 144-30, inclusive.

Within 45 days of submission of such complete application, the Chairperson shall either certify that the proposed public access area complies with the requirements of this Section or disapprove such complete application in writing, citing the nature of any failure to comply. Failure to certify or disapprove such complete application within the 45-day period will release the Department of Buildings or the Department of Small Business Services from any obligation to withhold the excavation or building permit and authorize such agency to determine compliance with the provisions of this Section.

No temporary certificate of occupancy shall be issued by the Department of Buildings or Department of Small Business Services for floor area in a development or enlargement resulting in a public access area requirement under Section 144-31 (Required Public Access Areas) without the substantial completion of the public access area required for such development or enlargement, and no final certificate of occupancy shall be issued prior to the final completion of the required public access area.

Notwithstanding the provisions above, the Department of Buildings or the Department of Small Business Services, as applicable, may issue a temporary certificate of occupancy allowing for floor area allocated to uses listed under Use Group IV(B), IX or X without the substantial completion of the required public access area, in which case the public access area shall be completed within one year of the issuance of the first such certificate of occupancy. Following such one-year period, no additional floor area within the development or enlargement shall receive a certificate of occupancy until the substantial completion of the required public access area.

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

For the purposes of applying to this Chapter the special ground floor level streetscape provisions set forth in Section 37-30 (SPECIAL GROUND FLOOR LEVEL STREETSCAPE PROVISIONS FOR CERTAIN AREAS), inclusive, a ground floor level street frontage designated on Map 6 in the Appendix to this Chapter shall be considered a primary frontage, and any ground floor level frontage within 50 feet of a primary frontage shall be considered a secondary frontage. Primary frontages shall also include Priority Zones, which are also designated on Map 6.

Any primary or secondary frontages shall be considered streets for the purposes of applying the provisions of this Section. For the purposes of this Section, defined terms shall include those in Sections 12-10 and 37-311.

1. Along primary frontages 
   1. Minimum frontage width
      
      For portions of buildings fronting a primary frontage, at least 50 percent of the street wall width of the ground floor level of such primary frontage shall be occupied by floor area.
      
      In addition, for portions of buildings fronting a Priority Zone of a primary frontage, at least 50 percent of the street wall width of the ground floor level of such Priority Zone shall be occupied by floor area. Floor area provided within a Priority Zone may be counted towards the floor area requirement along the primary frontage.
   2. Minimum depth
      
      The floor area provided to meet the requirements of paragraph (a)(1) of this Section shall extend to the minimum depth set forth in Section 37-32 (Ground Floor Depth Requirements for Certain Uses) within the Priority Zone, and outside of a Priority Zone shall extend to a minimum depth of 15 feet.
   3. Transparency requirement
      
      The portion of the ground floor level street wall along a primary street frontage allocated to such minimum floor area requirements of paragraph (a)(1) of this Section shall be glazed in accordance with the provisions set forth in Section 37-34 (Minimum Transparency Requirements). However, where such minimum floor area is attributed to uses listed under Use Groups IV(B), IX or X, the minimum percentage to fulfill the minimum transparency requirement shall be reduced to 25 percent and the maximum width of a portion of the ground floor level street wall without transparency may exceed 10 feet provided that any portion of the ground floor level street wall without transparency shall be subject to the provisions for Type 1 blank walls.
2. Blank wall provisions along primary and secondary frontages
   
   Along both primary and secondary frontages, any street wall width of 50 feet or more with no transparent elements on the ground floor level shall provide visual mitigation elements in accordance with the provisions for Type 1 blank walls set forth in Section 37-361 (Blank wall thresholds).

In all districts, accessory off-street parking spaces shall be permitted in group parking facilities without a limitation in the overall number of spaces.

In all districts, the requirements of Section 44-21 (General Provisions) shall apply, except that, in the event that a Transportation Management Plan has been prepared in accordance with Section 144-56 (Transportation Management Planning), no parking shall be required.

In all districts, loading berths are not required, but are permitted. Any loading berths provided shall be deemed required loading berths for purposes of determining the amount of floor area in any building.

Access to any accessory off-street loading berth and off-street parking areas for a development or enlargement within the Navy Street Central Subarea, the Flushing East Subarea, and the Barge Basin East Subarea shall be limited to one curb cut from the adjoining street.

An additional curb cut may be added in the Barge Basin East Subarea upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings or the Department of Small Business Services, as applicable, that an additional curb cut has been approved by the Commissioner of the Department of Transportation.

In addition, where the Chairperson of the City Planning Commission certifies such additional curb cut, the Chairperson may certify a reduction in the ground floor level streetscape provisions of paragraph (a) of Section 144-41 (Ground Floor Streetscape Provisions), to the minimum extent necessary, where the applicant demonstrates that the reduction is necessary to accommodate the proposed loading configuration on the ground floor. For such portions of the ground floor level, the provisions of paragraph (b) of Section 144-41 shall continue to apply.

The Chairperson shall issue the certification within 45 days of receipt of a communication from the Department of Transportation approving an additional curb cut or receipt of application materials demonstrating the proposed loading configuration, as applicable. Failure to certify within the 45-day period will release the Department of Buildings or the Department of Small Business Services from any obligation to withhold the excavation or building permit and authorize such agency to determine compliance with the provisions of this Section.

The requirements of Section 44-60 (BICYCLE PARKING) shall apply, provided that up to half of the required spaces may be provided as unenclosed bicycle parking spaces, and may be located anywhere on the zoning lot.

In lieu of the requirements of Section 44-21 (General Provisions), a Transportation Management Plan may be prepared for the Special Brooklyn Navy Yard District that documents:

(a)        existing parking within the Special District;

(b)        parking and bicycle parking utilization rates;

(c)        transportation mode choice;

(d)        plans, if any, for additional parking within the Special District;

(e)        public transportation options in and around the Special District;

(f)        indoor and outdoor bicycle parking facilities, including any covered outdoor bicycle spaces; and

(g)        measures being employed and planned to incentivize alternate means of transportation.

Any Transportation Management Plan shall be filed with the Department of City Planning and made available to the public via a website. The Transportation Management Plan shall be updated not less than every three years with surveys or other data collection undertaken not less than annually to document changes in parking facilities and utilization; the average number of employees and visitors arriving at the Special Brooklyn Navy Yard District and their modes of arrival; bike parking availability and utilization of both open and enclosed facilities; transit options, and new technologies and strategies for managing the number of private vehicles accessing the Special District. Such updates shall be submitted to the Department of City Planning and made available to the public via a website and the submission to the Department of City Planning shall be accompanied by an affidavit from the owner or ground tenant stating that the Transportation Management Plan remains in effect or, if it is no longer in effect, the date on which the Transportation Management Plan terminated.

Any development or enlargement occurring after the date a Transportation Management Plan has terminated will be subject to the requirements of Section 44-21.

No later than April 1 of every other calendar year, beginning April 1, 2023, the Brooklyn Navy Yard Development Corporation shall submit to the Chairperson of the City Planning Commission and to the Speaker of the City Council a report on the development and enlargement of buildings, and the types of uses contained within the Special Brooklyn Navy Yard District. Such report shall include, but shall not be limited to:

1. the name of each business establishment existing in the Special Brooklyn Navy Yard District. For each business establishment, the address or building number and floor, type of business, size, and lease duration;
2. new leases executed during the reporting period, categorized by tenant name, type of business, size, and lease duration;
3. the amount of floor area in developments and enlargements created after December 15, 2021, in each of the following Use Groups, subgroups and specific use as listed in this Resolution:
   1. uses listed under Use Group III;
   2. retail uses listed under Use Group VI;
   3. uses listed under Use Group VII;
   4. art, music, dancing or theatrical studios listed under Use Group VIII;
   5. production or entertainment studios listed under Use Group VIII;
   6. uses listed under Use Group IX(A);
   7. uses listed under Use Group X; and
   8. any other uses; and
4. the number of buildings developed or enlarged during the reporting period and the amount of floor area and uses contained within such development or enlargement.

The provisions of this Chapter shall apply within the Special Eastchester – East Tremont 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.

The regulations of this Chapter are designed to implement the Special Eastchester – East Tremont Corridor District Plan. The district plan includes the following maps in the Appendix to this Chapter:

Map 1.    Special Eastchester – East Tremont Corridor District, Subdistricts and Subareas

Map 2.    Designated Street Frontages for Ground Floor Level and Street Wall Continuity Requirements

Map 3.    Subdistrict A Site Plan

Map 4.    Subdistrict B, Subarea B1, Morris Park Avenue Site Plan

In order to carry out the provisions of this Chapter, two subdistricts, Subdistrict A and Subdistrict B, are established. In Subdistrict B, Subarea B1 is established. The location and boundaries of these subdistricts and subarea are shown on Map 1 (Special Eastchester – East Tremont Corridor District, Subdistricts and Subareas) in the Appendix to this Chapter.

For the purposes of this Chapter, matter in italics is defined in Sections 12-10 (DEFINITIONS), 32-301 (Definitions), 66-11 (Definitions) and in this Section, except where explicitly stated otherwise in individual provisions in this Chapter.

Qualifying public realm improvement sites

For the purposes of this Chapter, “qualifying public realm improvement sites” shall refer to zoning lots in Subarea B1, as shown in Map 1 (Special Eastchester – East Tremont Corridor District, Subdistricts and Subareas) in the Appendix, that have a lot area of 20,000 square feet or more.

For the purposes of applying the Mandatory Inclusionary Housing Program provisions set forth in Section 27-10 (ADMINISTRATION OF AFFORDABLE HOUSING), Mandatory Inclusionary Housing areas within the Special Eastchester – East Tremont Corridor District are shown in APPENDIX F of this Resolution.

The underlying ground floor level streetscape provisions set forth in Section 32-30 (STREETSCAPE REGULATIONS), inclusive, shall apply, except that:

1. ground floor level street frontages along streets, or portions thereof, designated on Map 2 (Designated Street Frontages for Ground Floor Level and Street Wall Continuity Requirements) in the Appendix to this Chapter shall be considered Tier C street frontages; and
2. remaining applicable frontages shall be considered Tier B street frontages.

The floor area regulations of the underlying districts shall apply, except as modified by the provisions of this Section, inclusive.

The yard regulations of the underlying districts shall apply except that in C8-2 Districts, no rear yard regulations shall apply to any zoning lot abutting a railroad or transit right-of-way.

In all districts, except in C8-2 Districts, all developments and enlargements shall comply with the height and setback provisions of this Section.

1. Street wall location rules
   
   For zoning lots, or portions thereof, along streets, or portions thereof, designated on Map 2 (Designated Street Frontages for Ground Floor Level and Street Wall Continuity Requirements) in the Appendix to this Chapter, the street wall location provisions of paragraph (b) of Section 35-631 (Street wall location) shall apply except that the street walls shall extend to minimum base heights as specified in paragraph (b) of this Section.
   
   Along other streets, no street wall location rules shall apply. 
2. Base and building heights
   
   In R6A and R8X Districts, the underlying height regulations shall apply. For all other districts, the table in this Section sets forth the minimum base height, maximum base height and the maximum height of a building or other structure. For the purposes of this Section, in a Commercial District, the applicable height and setback provisions are the regulations for the Residence District within which such Commercial District is mapped, the equivalent Residence District, or the designated Residence District where such district is paired with an M1 District with an A suffix.
   
   A setback, pursuant to the provisions of Section 23-433 (Standard setback regulations), is required for all portions of buildings or other structures that exceed the maximum base height specified for the district and shall be provided at a height not lower than the minimum base height or higher than the permitted maximum base height.
   

   BASE HEIGHTS AND MAXIMUM BUILDING HEIGHTS

   District	Minimum base height (in feet)	Maximum base height (in feet)	Maximum height of buildings or other structures (in feet)
   R6-1	40	65	125
   R7-2	40	85	155
   R7-3	60	95	185
   R8	60	105	215

3. Modifications in certain areas
   
   In Subdistrict B and in other areas, the provisions of paragraphs (a) and (b) of this Section shall be modified as follows:
   1. Modifications in Subdistrict B
      1. In Subdistrict B, the maximum base and building height provisions of an R8 District without a letter suffix, as set forth in paragraph (b) of this Section, shall apply.
      2. In Subarea B1, portions of buildings or other structures located adjacent to an open space, as designated on Map 4 (Subdistrict B, Morris Park Avenue Site Plan) in the Appendix to this Chapter, may rise without setback, provided that such open space has a minimum depth of 30 feet from the point of intersection of two street lines. For the purposes of applying the street wall location rules of paragraph (a) of this Section, the interior boundary of such publicly accessible area shall be considered a street line.
   2. Modifications in other areas
      
      In C2 Districts mapped within R8 Districts without a letter suffix, for zoning lots with a street frontage of at least 200 feet along East Tremont Avenue, the maximum building height set forth in paragraph (b) of this Section shall be increased by 20 feet.
4. Dormers
   
   For all buildings or other structures, dormers shall be a permitted obstruction in a required setback, and may be provided in accordance with the provisions of paragraph (b)(1) of Section 23-413 (Permitted obstructions in certain districts).

In all Commercial Districts, the accessory off-street parking requirements for manufacturing, commercial or community facility uses, applicable to a C4-4 District, shall apply.

All required or permitted accessory off-street parking spaces may be made available for public use. However, any such space shall be made available to the occupant of a residence to which it is accessory within 30 days of a written request for such space made to the landlord.

For the purposes of applying the provisions of Section 36-60 (OFF-STREET LOADING REGULATIONS), the accessory off-street loading berth requirements of C4-4 Districts shall apply in all Commercial Districts.

In Subdistrict A, the Chairperson of the City Planning Commission shall allow, by certification, a floor area bonus where public realm improvements, pursuant to Section 145-411 (Certification for public realm improvements in Subdistrict A), are provided on a single zoning lot or on two or more zoning lots that are contiguous or would be contiguous but for their separation by a street or street intersection, and:

1. has or will have an area of at least 1.5 acres; and
2. has or will be developed or enlarged as a unit under single fee ownership or alternate ownership arrangements as set forth in the definition of zoning lot. 

In conjunction with such floor area bonus, the Commission may authorize the modification of bulk regulations, other than floor area ratio, pursuant to Section 145-412 (Authorization for additional modifications in Subdistrict A).

For certain portions of Subarea B1, a transfer of floor area from a granting site to a receiving site shall be allowed by certification of the Chairperson of the City Planning Commission, pursuant to Section 145-421 (Certification for transfer of floor area).

For qualifying public realm improvement sites in Subarea B1, the Commission may grant, by authorization, a floor area bonus for transit and station area improvements pursuant to Section 145-422 (Authorization for qualifying public realm improvement sites). In conjunction with such floor area bonus, the Commission may authorize bulk modifications, other than modifications to the floor area ratio, pursuant to Section 145-423 (Authorization for additional modifications on qualifying public realm improvement sites).

The provisions of this Chapter shall apply within the Special Atlantic Avenue Mixed Use District. The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control, except where explicitly stated otherwise in this Chapter.

The regulations of this Chapter are designed to implement the Special Atlantic Avenue Mixed Use District Plan. The district plan includes the following map in the Appendix to this Chapter:

Map 1    Designated Streetscape Frontages

Such map is hereby incorporated and made part of this Resolution for the purpose of specifying locations where the special regulations and requirements set forth in the text of this Chapter apply.

For the purposes of this Chapter, matter in italics is defined in Sections 12-10 (DEFINITIONS), 32-301 (Definitions) or 123-11 (Definitions).

For the purposes of applying the Mandatory Inclusionary Housing Program provisions set forth in Section 27-10 (ADMINISTRATION OF AFFORDABLE HOUSING), Mandatory Inclusionary Housing areas within the Special Atlantic Avenue Mixed Use District are shown in APPENDIX F of this Resolution.

In M1 Districts paired with a Residence District, all applicable commercial and 
manufacturing uses may only locate in the same building as, or may only share a 
common wall with, a building containing a residence or a community facility use with 
sleeping accommodations:

1. where the provisions of paragraph (b)(1) of Section 123-22 (Additional Conditions for Certain Uses) are met; or
2. where the Chairperson of the City Planning Commission certifies an alternative means of compliance pursuant to Section 146-12, and an (E) designation listed in APPENDIX C of this Resolution applies to all tax lots with such uses in accordance with Section 11-15 (Environmental Requirements), establishing specific building design or other environmental requirements in order to protect occupants of the building and surrounding properties from any hazardous materials, noise or air quality associated with such commercial or manufacturing uses. 

In M1 Districts paired with a Residence District, the Chairperson of the City Planning Commission shall allow, by certification, an alternative to the provisions of paragraph (b) of Section 123-22 (Additional Conditions for Certain Uses) where applicable commercial and manufacturing uses are proposed to locate in the same building as, or share a common wall with, a building containing a residence or a community facility use with sleeping accommodations.

In order for the Chairperson to make such certification, the applicant shall submit a report, from a licensed architect or engineer, demonstrating that specific physical design standards to be implemented in the building design, or other environmental requirements, will protect occupants of such residences or community facility uses with sleeping accommodations from any potential hazardous materials, noise or air quality associated with such commercial or manufacturing uses. 

An (E) designation shall be listed in APPENDIX C of this Resolution and bind the owners, successors, and assigns to comply with Section 11-15 (Environmental Requirements) and the specific building design or other environmental requirements listed in the report. 

The underlying ground floor level streetscape provisions set forth in Section 32-30 (STREETSCAPE REGULATIONS), inclusive, shall apply, except where Map 1, in the Appendix to this Chapter, designates:

1. ground floor level street frontages that shall be considered Tier C street frontages; and
2. ground floor level street frontages where the alternative provisions for Tier B street frontages set forth in Section 32-322 shall not apply.

In M1A Districts paired with Residence Districts, for zoning lots with buildings containing residential and non-residential uses, notwithstanding the maximum floor area ratio for individual uses on the zoning lot, the total floor area ratio shall be as follows:

                                                                                                 TOTAL FLOOR AREA RATIO

However, in M1-2A Districts paired with R6A Districts, for zoning lots with a lot area greater than 10,000 square feet, where the floor area provided exceeds an equivalent floor area ratio of 4.5, any such excess floor area shall be allocated exclusively to:

1. referenced commercial and manufacturing uses, other than automotive repair and maintenance establishments listed under Use Group VI (Retail and Services); or
2. libraries, museums, community centers, non-commercial art galleries or philanthropic or non-profit institutions without sleeping accommodations listed under Use Group III(B) (Community Facilities Without Sleeping Accommodations).

The yard regulations of the underlying districts shall apply, except that for zoning lots where the side lot line is located within 30 feet of an elevated rail line, the rear yard and rear yard equivalent provisions of Section 23-34 (Rear Yard and Rear Yard Equivalent Requirements), inclusive, need not apply. 

For zoning lots, or portions thereof, fronting on Atlantic Avenue or Bedford Avenue, the applicable street wall location regulations shall be modified as follows:

1. the street wall shall be located at least 20 feet beyond the curb of the sidewalk, except that such depth need not exceed five feet from the street line;
2. for developments with building widths exceeding 100 feet, a minimum of 20 percent of the surface area of such street walls above the level of the second story, or a height of 30 feet, whichever is lower, shall either recess or project a minimum of three feet from the remaining surface of the street wall; and
3. for the purposes of applying the provisions of Section 35-633 (Additional height and setback provisions) on shallow through lots with a frontage along Atlantic Avenue, the  street wall location requirements of this Section shall be required along Atlantic Avenue.

In all districts, no accessory off-street parking spaces shall be required for manufacturing, commercial, or community facility uses.

In C6-3A, C6-3X and M1-4A/R9A Districts, for zoning lots with a lot area of at least 30,000 square feet, the City Planning Commission may authorize an increase in the maximum floor area ratio where a public plaza is provided on the zoning lot in accordance with the provisions of Section 37-70 (PUBLIC PLAZAS), inclusive. 

In conjunction with such floor area bonus, the Commission may authorize modifications to the applicable bulk regulations of this Resolution, or to the regulations governing public plazas in Section 37-70, inclusive.

In order to grant such authorization, the Commission shall determine that the conditions and limitations of paragraph (a) and the findings of paragraph (b) are met.

1. Conditions and limitations
   
   The following conditions and limitations shall apply:
   1. For the purposes of determining the bonus ratio in Commercial Districts with a residential equivalent of an R9 District, or in M1 Districts paired with an R9 District, the underlying bonus ratio for a C6-3 District shall apply. The floor area bonus resulting from applying such ratio shall not exceed 20 percent of the maximum floor area ratio otherwise permitted by the district.
   2. Modifications to the maximum permitted building height shall not result in an increase that exceeds 25 percent of the maximum building height otherwise permitted by the applicable district regulations; and
   3. Modifications to the regulations governing public plazas shall be limited to:
      1. the basic design criteria set forth in Section 37-71, inclusive, other than the area dimensions of Section 37-712;
      2. the access and circulation provisions set forth in Section 37-72, inclusive, other than hours of access set forth in Section 37-727; and
      3. the types and standards for amenities, set forth in Section 37-74, inclusive.
2. Findings
   
   The Commission shall find that:
   1. the public benefit derived from the public plaza merits the amount of additional floor area being granted pursuant to this Section;
   2. the public plaza will be well-integrated with the overall pedestrian circulation network and contribute to an enhanced streetscape;
   3. any modifications to bulk are the minimum extent necessary to reasonably accommodate the public plaza and the additional floor area granted pursuant to this Section and will not unduly obstruct access to light and air to surrounding streets and properties; and 
   4. any modifications to public plaza regulations are the minimum extent necessary, and will better align such public plaza regulations with unique site configurations or with the mixed-use character of the neighborhood. 

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