The maximum height of buildings or other structures shall be regulated by the special controls set forth in this Chapter established pursuant to the authority conferred under Article 14 of the General Municipal Law, in order to prevent the construction of obstructions to air navigation in the vicinity of major airports, and thus to protect the lives and property of persons residing within such vicinity and of persons in airplanes which are approaching, taking off from, or circling such airports, thereby promoting public health, safety, and general welfare.

The definitions applicable to this Chapter are set forth in Section 61-30.

Airport reference point (or points)

The "airport reference point" (or "points") is a point (or points) within the boundaries of each major airport, as indicated on the flight obstruction area maps for each such major airport.  The point or points applicable to each major airport are set forth in Section 61-41 (Airport Reference Point, Established Elevation and Specified Radii).

Airport referenced imaginary surfaces

"Airport referenced imaginary surfaces" include the horizontal surface, the conical surface, the approach surfaces and the transitional surfaces.

Approach surfaces

The "approach surfaces" are imaginary inclined planes, trapezoidal in shape and located symmetrically with respect to the extended center line of any runway.  Such approach surfaces, extending from both ends of any runway, consist of contiguous inner and outer sections whose dimensions are as follows:

(a)        The plane of the inner section:

(1)        begins at a line drawn parallel to, and at the same elevation as, the end of the runway, and at a distance, measured horizontally along the extended runway centerline, of 200 feet from the end of the runway;

(2)        extends for a distance of 10,000 feet, measured horizontally along the extended runway centerline;

(3)        has a width of 1,000 feet measured along the line described in paragraph (a)(1) of this Section, which increases uniformly (with respect to the extended runway centerline) to a width of 4,000 feet at the outer edge of such inner section, as described in paragraph (a)(2) of this Section; and

(4)        rises at a slope of one foot in height for every 50 feet of horizontal distance.

(b)        The plane of the outer section:

(1)        begins at the outer edge of the inner section;

(2)        extends for a distance of 15,000 feet, measured horizontally along the extended runway centerline;

(3)        has a width of 4,000 feet commencing at the outer edge of the inner section, which increases uniformly (with respect to the extended runway center line) to a width of 8,500 feet at the outer edge of such outer section; and

(4)        rises at a slope of one foot in height for every 40 feet of horizontal distance.

DESCRIPTION OF APPROACH SURFACE

Conical surface

The "conical surface" is an imaginary inclined surface extending upward and outward from the periphery of the horizontal surface, which:

(a)        rises at a slope, measured in an imaginary vertical plane passing through the airport reference point (or points), of one foot for every 20 feet in horizontal distance; and

(b)        is measured on a horizontal radius from the airport reference point (or points), and extends for a distance set forth in Section 61-41 (Airport Reference Point, Established Elevation and Specified Radii).

Established airport elevation

The "established airport elevation" is the elevation above mean sea level of the highest point of the usable airport landing area for any major airport.  The elevation applicable to each major airport is set forth in Section 61-41 (Airport Reference Point, Established Elevation and Specified Radii).

Flight obstruction area

The "flight obstruction area" comprises all areas of land or water below the airport referenced imaginary surfaces for each airport.

Horizontal surface

The "horizontal surface" is an imaginary horizontal plane, circular or elliptical in shape, which:

(a)        is located at a height of 150 feet above the established airport elevation for any major airport; and

(b)        is measured on a horizontal radius from the airport reference point (or points), and extends for a distance set forth in Section 61-41 (Airport Reference Point, Established Elevation and Specified Radii).

Transitional surfaces

The "transitional surfaces" are imaginary inclined planes extending upward and outward from the side edges of all approach surfaces, and from lines parallel to, 500 feet from, and at the same level as the center line of each runway, which:

(a)        rise at a slope of one foot in height for every seven feet of horizontal distance measured in a vertical plane at right angles to the center line of the runway; and

(b)        extend to the point of intersection with the horizontal surface or the conical surface.

The provisions of this Chapter establish special regulations which are designed to guide development along the City's waterfront and in so doing to promote and protect public health, safety and general welfare. These general goals include, among others, the following purposes:

(a)        to maintain and reestablish physical and visual public access to and along the waterfront;

(b)        to promote a greater mix of uses in waterfront developments in order to attract the public and enliven the waterfront;

(c)        to encourage water-dependent (WD) uses along the City's waterfront;

(d)        to create a desirable relationship between waterfront development and the water's edge, public access areas and adjoining upland communities;

(e)        to preserve historic resources along the City's waterfront;

(f)        to protect natural resources in environmentally sensitive areas along the shore; and

(g)        to allow waterfront developments to incorporate resiliency measures that help address challenges posed by coastal flooding and sea level rise.

All zoning lots within waterfront blocks shall comply with the bulk regulations of this Section. For the purposes of this Section, non-waterfront blocks included in Waterfront Access Plan BK-1 shall be considered to be waterfront blocks. Existing non-complying buildings or other structures shall be subject to the provisions of Article V (Non-conforming Uses and Non-complying Buildings).

A change of use involving a building or other structure lawfully existing on October 25, 1993, shall be permitted in accordance with the applicable district use regulations, as modified by the provisions of this Chapter. Any non-compliances created with respect to the provisions of this Section due solely to the change of use shall be deemed to be existing non-compliances. However, no enlargement or other alteration of such buildings or other structures may be made which would either create a new non-compliance or increase the degree of non-compliance with respect to the provisions of this Section.

Modification of the bulk regulations of Sections 62-31, 62-32, 62-33, 62-341, 62-342, 62-343 or 62-35 shall only be allowed by authorization or special permit of the City Planning Commission pursuant to Sections 62-837, 74-711, 74-74, 74-79, 75-24, 78-00 or 79-00, as applicable.

Provisions for modification of the bulk regulations on piers and floating structures are set forth in Sections 62-344 and 62-345.

In no event shall any bulk modification include modification of the provisions of paragraph (a) of Section 62-31 or the maximum floor area ratio for the applicable district set forth in Sections 62-321 and 62-322.

All zoning lots developed within waterfront blocks shall be subject to the provisions of this Section and Section 62-81 (Certifications by the Chairperson of the City Planning Commission).

For the purpose of determining requirements for waterfront public access areas, the lot area of waterfront zoning lots shall be deemed to be the area of the upland lot and water coverage of structurally sound piers and platforms within the seaward lot.

All waterfront public access areas, including those required pursuant to paragraph (b) of Section 62-52 (Applicability of Waterfront Public Access Area Requirements), shall comply with the provisions of Section 62-60 (DESIGN REQUIREMENTS FOR WATERFRONT PUBLIC ACCESS AREAS), except as modified by:

1. authorization of the City Planning Commission, pursuant to Sections 62-822 (Modification of waterfront public access area and visual corridor requirements) or 75-24 (Bulk Modifications Associated With a Transfer of Development Rights From Landmark Sites); 
2. special permit of the City Planning Commission, pursuant to Sections 62-834 (Uses on floating structures), 62-835 (Developments on piers or platforms) or 74-79 (Transfer of Development Rights From Landmark Sites); or
3. the establishment of a Waterfront Access Plan, pursuant to Section 62-90.

However, the design of portions of waterfront public access areas located within New York State-designated wetlands or their adjacent regulated areas, shall be in accordance with an approval from the New York State Department of Environmental Conservation.

In the event of a conflict between the provisions of this Section and a Waterfront Access Plan, the Plan shall control.

Waterfront public access areas required pursuant to Section 62-52 (Applicability of Waterfront Public Access Area Requirements) shall comply with the provisions of this Section, inclusive.

An application to the Department of Buildings, Department of City Planning or Department of Business Services, involving a zoning lot subject to the provisions of this Chapter, shall include a survey of the zoning lot showing the following elements, as applicable, and documentation showing compliance with all requirements for waterfront public access areas:

(a)        pierhead line;

(b)        bulkhead line;

(c)        shoreline, including its length;

(d)        upland lot, including its area;

(e)        seaward lot, including its area;

(f)        area of the portion of the zoning lot seaward of the shoreline;

(g)        existing piers, platforms or floating structures, including water coverage and surface elevation or height, as applicable;

(h)        previously established and recorded visual corridors and waterfront public access areas or any other public access area on the zoning lot or on adjoining zoning lots;

(i)        visual corridors or waterfront public access areas required on the zoning lot by a Waterfront Access Plan set forth in Section 62-90; and

(j)        existing bulkheads and stabilized portions of natural shore showing seaward and landward edges, as well as their top elevations.

The provisions of this Chapter establish special regulations that guide the development of FRESH food stores to promote and protect public health, safety and general welfare. These general goals include, among others, the following purposes:

(a)        encourage a healthy lifestyle by facilitating the development of FRESH food stores that sell a healthy selection of food products;

(b)        provide greater incentives for FRESH food stores to locate in neighborhoods underserved by such establishments;

(c)        encourage FRESH food stores to locate in locations that are easily accessible to nearby residents; and

(d)        strengthen the economic base of the City, conserve the value of land and buildings, and protect the City’s tax revenues.

Upon application, the Chairperson of the City Planning Commission shall certify that a food store use is a FRESH food store, provided that:

(a)        drawings have been submitted to the Chairperson that clearly specify:

(1)        all floor area or cellar space utilized as a FRESH food store, showing in the form of an illustrative layout that such designated space is designed and arranged to meet the requirements for perishable and non-perishable food products, pursuant to Section 63-01;

(2)        all floor area that will result from any permitted increase in floor area, pursuant to Section 63-21, including the location of such floor area;

(3)        the size, format and location of the required sign, pursuant to Section 63-12, including detailed information about dimensions of the sign, lettering, color and materials; and

(4)        the location of the ground floor level street wall fronting upon a primary street frontage, pursuant to Section 63-23;

(b)        a signed lease or written commitment from the prospective operator of the FRESH food store has been provided in a form acceptable to the Chairperson for utilization of such floor area or cellar space and its operation as a FRESH food store; and

(c)        for zoning lots containing increased residential floor area generated pursuant to Section 63-21 (Special Floor Area Regulations), a legal commitment, in the form of a declaration of restrictions has been executed, in a form acceptable to the Department of City Planning, binding upon the owner and its successor and assigns, and providing for continued utilization of all floor area or cellar space as a FRESH food store, the operation of which shall commence within a reasonable period following the issuance of a temporary certificate of occupancy for the floor area or cellar space to be utilized by the FRESH food store.

Such declaration of restrictions shall provide that the legal commitment for continued occupancy of the floor area or cellar space as a FRESH food store shall not apply during any:

(1)        six (6) month period from the date such floor area or cellar space is vacated by the operator, provided that the owner timely notifies the Department of City Planning of such vacancy in accordance with the requirements of the restrictive declaration; or

(2)        event of force majeure, as determined by the Chairperson.

The filing and recordation of the declaration of restrictions in the Office of the City Register of the City of New York against all tax lots comprising the FRESH food store, and receipt of proof of recordation of such declaration in a form acceptable to the Department, shall be a precondition to certification by the Chairperson.

Certification by the Chairperson shall be a precondition to the issuance of any building permit, including any foundation or alteration permit, for any development, enlargement or change of use under this Chapter.

Changes to the store layout of a FRESH food store that has been constructed pursuant to a previous certification under this Section, where such changes result in a FRESH food store that continues to comply with the requirements of this Chapter, shall not require subsequent certification by the Chairperson under this Section. FRESH food stores certified prior to December 15, 2021, that do not comply with paragraph (c) of the definition of FRESH food store may change the floor layout provided that there is no increase in the degree of non-compliance with such requirement.

A copy of an application for certification pursuant to this Section shall be sent by the Department of City Planning to the affected Community Board, which may review such proposal and submit comments to the Chairperson. If the Community Board elects to comment on such application, it must be done within 45 days of receipt of such application. The Chairperson will not act on such application until the Community Board’s comments have been received, or the 45-day comment period has expired, whichever is earlier.

For zoning lots containing increased residential floor area generated pursuant to Section 63-21 (Special Floor Area Regulations), if a development or horizontal enlargement fails to comply with the provisions of Section 11-331 (Right to construct if foundations completed) with respect to completion of foundations within four years of the date of certification pursuant to this Section, such certification and such building permit shall lapse, and any new building permit will require a new certification pursuant to this Section.

A FRESH food store for which a certification has been issued pursuant to Section 63-30 may be changed to any use permitted by the underlying district upon certification by the Chairperson of the City Planning Commission that such change of use would not create a new non-compliance, increase the degree of non-compliance of buildings on the zoning lot, or result in fewer accessory off-street parking spaces than required by the new use pursuant to Section 63-24 (Required Accessory Off-street Parking Spaces in Certain Districts).

If a certification pursuant to this Section is granted, a notice of cancellation, in a form acceptable to the Department of City Planning, of the declaration of restrictions recorded pursuant to Section 63-30 shall be executed and recorded in the Office of the City Register of the City of New York against all tax lots comprising the former FRESH food store.

The City Planning Commission may, by authorization, permit modifications to the bulk and accessory off-street parking requirements of the applicable zoning districts when a change of use of a FRESH food store for which a certification has been issued, pursuant to Section 63-30, would create a new non-compliance, increase the degree of non-compliance of buildings on the zoning lot, or result in fewer accessory off-street parking spaces than required by the new use pursuant to Section 63-24 (Required Accessory Off-street Parking Spaces in Certain Districts), provided that such use is permitted by the underlying districts.

In order to grant such authorization, the Commission shall find that:

(a)        due to the market conditions prevalent at the time of the application, there is no reasonable possibility that the operation of a FRESH food store will bring a reasonable return;

(b)        the applicant, the operator or a prior operator of such FRESH food store has not created or contributed to such unfavorable market conditions;

(c)        the applicant, the operator or a prior operator of such FRESH food store has undertaken commercially reasonable efforts to secure a new operator, and demonstrates to the Commission that such efforts have been unsuccessful;

(d)        any proposed non-compliance or increase in the degree of non-compliance will not be incompatible with or adversely affect adjacent uses, including uses within the building; and

(e)        any reduction of required accessory off-street parking shall not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian movement.

If such authorization is granted, a notice of cancellation, in a form acceptable to the Department of City Planning, of the declaration of restrictions recorded pursuant to Section 63-30, shall be executed and recorded in the Office of the City Register of the City of New York against all tax lots comprising the former FRESH food store.

In issuing an authorization under this Section, the Commission may impose conditions and safeguards to minimize adverse impacts on the character of the surrounding area.

No later than June 30th of the year, beginning in the second calendar year following the calendar year in which certification was made, and at three-year intervals thereafter, the Chairperson of the City Planning Commission shall be provided with an affidavit, in a form acceptable to the Department of City Planning, regarding compliance with the requirements of the declaration of restrictions and the regulations of this Chapter, as of a date of inspection which shall be no earlier than June 1st of the year in which the affidavit is filed. Such affidavit shall be provided by the owner(s) of the tax lot(s) on which the FRESH food store is located. Such affidavit shall include, without limitation:

(a)        a copy of the original FRESH food store certification letter and, if applicable, any approval letter pertaining to any other authorization or certification pursuant to this Chapter;

(b)        a statement that the floor area or cellar space that was certified to be operated as a FRESH food store continues to be operated as such in accordance with the declaration of restrictions; and

(c)        photographs documenting the condition of the FRESH food store at the time of inspection, sufficient to clearly show all floor area or cellar space operated as a FRESH food store.

Failure to comply with a condition or restriction in an authorization or certification granted pursuant to this Chapter or with approved plans related thereto, or failure to submit a required compliance report, shall constitute a violation of this Resolution and may constitute the basis for denial or revocation of a building permit or certificate of occupancy, or for a revocation of such authorization or certification, and for the implementation of all other applicable remedies.

The provisions of this Chapter establish special regulations which are designed to encourage flood-resilient building practices for new and existing buildings and in so doing to promote and protect public health, safety and general welfare. These general goals include, among others, the following purposes:

1. to facilitate the development and alteration of buildings in flood zones consistent with the flood-resistant construction standards of Appendix G of the New York City Building Code;
2. to enable buildings to be constructed or retrofitted pursuant to flood-resistant construction standards with a comparable amount of usable interior space to what is generally permitted within the applicable zoning district;
3. to allow sea level rise to be incorporated into the design of buildings in flood zones in order to provide longer-term and greater protection from flood risk than what is currently required by Appendix G of the New York City Building Code;
4. to mitigate the effects of elevated and flood-proofed buildings on the streetscape and pedestrian activity; and
5. to promote the most desirable use of land in accordance with a well-considered plan and thus conserve the value of land and buildings, and thereby protect the City’s tax revenues.

The provisions of this Section, inclusive, are optional, and are only applicable to zoning lots located wholly or partially within flood zones.

The provisions of Section 64-31 (Special Bulk Regulations for All Buildings), inclusive, may be applied to zoning lots regardless of whether buildings or other structures on such zoning lots comply with flood-resistant construction standards.

The provisions of Section 64-32 (Special Bulk Regulations for Flood-resistant Buildings), inclusive, may be applied to zoning lots containing flood-resistant buildings, including cottage envelope buildings.

The provisions of Section 64-33 (Special Bulk Regulations for Cottage Envelope Buildings), inclusive, may be applied to zoning lots with cottage envelope buildings.

The underlying parking regulations of this Resolution may be modified in accordance with the provisions of this Section inclusive. The provisions of this Section, inclusive, are optional, and are only applicable to zoning lots located wholly or partially within flood zones.

The provisions of Section 64-41 (Special Parking Regulations for All Buildings), inclusive, may be applied to zoning lots regardless of whether buildings or other structures on such zoning lots comply with flood-resistant construction standards.

The provisions of Section 64-42 (Special Parking Regulations for Flood-resistant Buildings), inclusive, may be applied to zoning lots containing flood-resistant buildings, including cottage envelope buildings.

The provisions of this Section, inclusive, shall apply to zoning lots containing flood-resistant buildings, as set forth in paragraphs (b) and (c) of Section 64-12 (Applicability), that have a street wall within 50 feet of the street line in Residence Districts, Commercial Districts and M1 Districts. However, the provisions shall not apply to such buildings containing uses predominantly listed under Use Groups IV(B), IX(B) or X.

All buildings shall provide streetscape mitigation elements in the categories of access or ground floor level, in order to achieve the total points required in the following table. The total points required varies based upon the level of the first story above the flood elevation, as measured from curb level. The individual mitigation options are set forth in Sections 64-51 (Building Access Mitigation Options) and 64-52 (Ground Floor Level Mitigation Options). Cells marked with an “x” designate mandatory categories to fulfill at least one point out of the total points requirement.

The points awarded for compliance with each individual mitigation are set forth in parentheses after the title to each paragraph describing a mitigation element.

For corner lots, the total points requirement set forth in this Section shall apply separately along each street frontage except where the street wall width along one of the street frontages is 25 feet or less, the requirements need only apply to one frontage.

Where zoning lots are required to provide streetscape elements in accordance with other provisions of this Resolution, such elements may also be utilized towards meeting the requirements of this Section, provided that such elements comply with the applicable standard herein.

In addition, all buildings shall meet the requirements set forth in Section 64-53 (Screening Requirements for Parking Within or Below Buildings) as applicable.

¹        Single- and two-family residences on a zoning lot less than 25 feet wide with a first story above the flood elevation at five feet or above need only satisfy a total of two points instead of the three points set forth in the above table.

²        If the requirements of this Section apply to only a portion of the building with a first story above the flood elevation at five feet or above, and such portion of the building does not have a primary entrance, the total points required shall be two, and they need only be satisfied through the ground floor level category.

The provisions of this Section, inclusive, are optional, and may be applied to buildings with non-conforming uses, or to non-complying buildings or other structures, as applicable, that are also flood-resistant buildings.

The provisions of this Resolution shall apply as modified by this Chapter and by the special regulations set forth herein. The provisions of this Chapter establish optional special regulations which are designed to facilitate, on a temporary basis, the recovery of areas impacted by a severe disaster and in so doing promote and protect public health, safety and general welfare. These general goals include, among others, the following purposes:

(a)        to expedite the recovery of neighborhoods that have experienced physical or non-physical impacts from a severe disaster;

(b)        to enable the reconstruction and alteration of buildings damaged by a severe disaster, by removing disincentives; and

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

The modifications to time limits associated with this Resolution and set forth in this Section, inclusive, may be applied to zoning lots within designated recovery areas, as set forth in Section 65-01 (Applicability of Article VI, Chapter 5).

The following modifications to damage and destruction provisions associated with this Resolution may be applied to zoning lots within designated recovery areas, as set forth in Section 65-01 (Applicability of Article VI, Chapter 5).

The following modifications to use regulations set forth in this Section, inclusive, may be applied to zoning lots within designated recovery areas, as set forth in Section 65-01 (Applicability of Article VI, Chapter 5).

The following modifications to bulk regulations set forth in this Section, inclusive, may be applied to zoning lots within designated recovery areas, as set forth in Section 65-01 (Applicability of Article VI, Chapter 5).

The following modifications to documentation procedures may be applied to zoning lots within designated recovery areas, as set forth in Section 65-01 (Applicability of Article VI, Chapter 5).

The provisions of this Chapter establish special regulations which are designed to support and facilitate transit accessibility and improvements in conjunction with developments and enlargements near transit stations, and in doing so, promote and protect public health, safety, general welfare and amenity. The general goals of this Chapter include, among others, the following purposes:

1. to support the long-term planning needs of mass transit stations and systemwide accessibility;
2. to reduce pedestrian congestion on city streets in the vicinity of transportation nodes, by facilitating the provision of easements and moving transit station entrance infrastructure off the sidewalk;
3. to offset potential burdens of such easement on development feasibility by providing zoning flexibility where easements are provided;
4. to encourage well-designed development and pedestrian environment, including enhanced pedestrian circulation, around mass transit stations;
5. to coordinate the present and future relationship of land uses around transit stations; and
6. to promote the most desirable use of land in the area and thus to conserve the value of land and buildings, and thereby protect the City's tax revenues.

For all developments or enlargements on the lowest story of a building on primary transit-adjacent sites, a determination, or certification, where applicable, for a transit volume shall be obtained pursuant to Section 66-21 (Determination and Certification for Transit Volumes). Where a transit volume is needed, special use, bulk, parking, and streetscape regulations are set forth in Sections 66-22 (Special Use Regulations), 66-23 (Special Bulk Regulations), 66-24 (Special Regulations for Accessory Off-street Parking), and 66-25 (Special Streetscape Regulations) respectively. Separate applicability is set forth within such Sections for primary transit-adjacent sites with easement volumes and for those with clear paths.

For all secondary transit-adjacent sites, the provisions of this Section are optional. On such sites, an optional transit volume may be provided in accordance with a determination by the transit agency and certification by the Chairperson of the City Planning Commission pursuant to Section 66-31 (Determination and Certification for Optional Transit Volumes). Where a transit volume is provided, special use, bulk, parking, and streetscape regulations are set forth in Sections 66-32 (Special Modifications for Secondary Transit-adjacent Sites).

Where an easement volume is provided pursuant to Section 66-20 (SPECIAL PROVISIONS FOR PRIMARY TRANSIT-ADJACENT SITES) or Section 66-30 (SPECIAL PROVISIONS FORSECONDARY TRANSIT-ADJACENT SITES) the provisions of this Section, inclusive, shall apply. Where a clear path is provided pursuant to the aforementioned Sections, the provisions of Section 66-42 (Termination of a Transit Volume) shall also apply.

For qualifying transit improvement sites, a floor area bonus may be granted, either by authorization or special permit, where major mass transit station improvements are provided pursuant to Section 66-51 (Additional Floor Area for Mass Transit Improvements).

For all applications pursuant to the provisions of Sections 66-20 (SPECIAL PROVISIONS FOR PRIMARY TRANSIT-ADJACENT SITES), 66-30 (SPECIAL PROVISIONS FOR SECONDARY TRANSIT-ADJACENT SITES) or 66-51, additional modifications may be granted by the City Planning Commission, either by authorization or special permit, pursuant to Section 66-52 (Additional Modifications).

The major airports are hereby designated to include John F. Kennedy International, LaGuardia, and U.S. Naval Air Station (Floyd Bennett Field).  For the purposes of this Chapter, the runways for such airports shall be the runways as shown in the diagrams in Section 61-42 (Runways for Major Airports).

A flight obstruction area is hereby established in the vicinity of any such major airport.

Each flight obstruction area shall be divided into two parts, the Airport Approach District and the Airport Circling District, as described in this Section (and as shown, for convenient reference only, in the flight obstruction area maps available on request at the offices of the City Planning Commission).

Notwithstanding any other provisions of this Resolution, except as provided in Section 61-22 (Permitted Projection within any Flight Obstruction Area), the highest projection of any building or other structure hereafter constructed or of any existing building or other structure hereafter relocated, enlarged or reconstructed shall not penetrate:

(a)        the approach surfaces, the transitional surfaces, the horizontal surface, or the conical surface, whichever is more restrictive, within the Airport Approach District of the flight obstruction area; and

(b)        the horizontal surface or the conical surface within the Airport Circling District of the flight obstruction area.

However, within a flight obstruction area, the highest projection of any such building or other structure may, in any event, extend to a height of 30 feet above curb level.

The airport reference point (or points), established airport elevation, and radii for the horizontal and conical surfaces for each such major airport shall be established as set forth in the following table:

APPLICATION TO MAJOR AIRPORTS

The runways for each such major airport shall be the runways set forth in the following diagrams:

LaGUARDIA AIRPORT

Note: Coordinates shown refer to the U.S. coast and geodetic 10th Avenue base line. Elevations are above mean sea level.

J. F. KENNEDY INTERNATIONAL AIRPORT

Note: Coordinates shown refer to the U.S. coast and geodetic 10th Avenue base line. Elevations are above mean sea level.

U. S. NAVAL AIR STATION

(FLOYD BENNETT FIELD)

Note: Coordinates shown refer to the U.S. coast and geodetic 10th Avenue base line. Elevations are above mean sea level.

Definitions specially applicable to this Chapter are set forth in this Section. The definitions of other defined terms are set forth in Section 12-10 (DEFINITIONS) and Section 64-11 (Definitions).

Development

For the purposes of this Chapter, a “development” shall also include:

(a)        an enlargement;

(b)        any alteration that increases the height or coverage of an existing building or other structure;

(c)        an extension; or

(d)        a change of use from one Use Group to another, or from one use to another in the same Use Group, or from one use listed in Section 62-21 (Classification of Uses in the Waterfront Area) to another such use.

However, a development shall not include incidental modifications to a zoning lot, including but not limited to, the addition of deployable flood control measures and any associated permanent fixtures, the addition of temporary structures such as trash receptacles, food carts or kiosks, and the incorporation of minor permanent structures such as light stanchions, bollards, fences, or structural landscaped berms and any associated flood gates. All such modifications shall remain subject to any associated permitted obstruction allowances, as applicable.

Furthermore, a development shall not include the exclusive addition of energy infrastructure equipment, accessory mechanical equipment, electric vehicle charging facilities, as a primary or accessory use, or qualifying exterior wall thickness, whether added to a building or to an open area of the zoning lot.

Floating structure

A “floating structure” is any vessel, barge or other water-supported structure, other than a floating dock accessory to a WD use, which is bounded by either open water, a dock or the lot lines of a zoning lot, and that is permanently moored or otherwise attached to a pier, wharf, dock, platform, bulkhead or flotation system for a period of more than 180 consecutive days. Support by means of a cradle or as a result of natural siltation shall not exempt a normally water-supported structure from this definition.

Any water-supported structure, other than a navigational vessel, docked for not more than 180 consecutive days for a purpose other than navigation or accessory to a WD use, shall be deemed to be a "temporary floating structure." Such temporary floating structures shall only be permitted subject to the approval of the Commissioner of Buildings or Business Services, as applicable.

Pier

A “pier” is a structure at the water's edge, not otherwise defined as a platform, that is:

(a)        a pile-supported overwater structure, or a portion thereof, that projects from a shoreline, bulkhead or platform; or

(b)        a solid-core structure, or a portion thereof, constructed for the docking of water-borne vessels, that projects from the land or from a platform.

Projections from platforms shall be considered piers if their length, measured from the portion of the platform from which they project, exceeds 50 percent of their width at such portion. Any further extensions from such projections shall be considered piers regardless of their configuration.

(62 - 11.1)

Pier, existing

An “existing pier” is a pier where at least 75 percent of its surface is visible in the April 1988 Lockwood, Kessler and Bartlett aerial photographs of New York City.

Pier, new

A “new pier” is any pier other than an existing pier.

Platform

A “platform” is a pile-supported or solid-core structure at the water's edge, or a portion thereof, that:

(a)        is permanently connected to the land; and

(b)        has a seaward dimension that does not exceed 50 percent of its dimension along the land to which it is connected.

(62 - 11.2)

(62 - 11.3)

Platform, existing

An “existing platform” is a platform where at least 75 percent of its surface is visible in the April 1988 Lockwood, Kessler and Bartlett aerial photographs of New York City.

Platform, new

A “new platform” is any platform other than an existing platform.

Predominant or predominantly

“Predominant” or “predominantly” shall mean that a use or a group of uses comprises at least 75 percent of the total floor area of the building or on the zoning lot or, in the case of open uses, the lot area or pier water coverage, as applicable.

Seaward lot

A “seaward lot” is the portion of a waterfront zoning lot located seaward of the bulkhead line, except for any land above water included as part of the upland lot.

SEAWARD/UPLAND LOTS
(62 - 11.4)

Shore public walkway

A “shore public walkway” is a linear public access area running alongside the shore or water edges of a platform on a waterfront zoning lot.

Supplemental public access area

A “supplemental public access area” is a public access area provided on a waterfront zoning lot, in addition to other required public access areas, in order to fulfill the required waterfront public access area requirements. A supplemental public access area shall not include a shore public walkway or an upland connection.

Tidal wetland area

A “tidal wetland area” is an area planted with species tolerant of saline water inundation that is located between the mean low water line and the landward edge of the stabilized natural shore or bulkhead. Such area may be used to satisfy requirements for waterfront yards, shore public walkways and planting in this Chapter.

Upland connection

An “upland connection” is a pedestrian way which provides a public access route from a shore public walkway to a public sidewalk within an open and accessible street, public park or other accessible public place.

Upland lot

An “upland lot” is the portion of a waterfront zoning lot located landward of the bulkhead line. Where a portion of the shoreline projects seaward of the bulkhead line, such land above water shall be included as part of the upland lot (see illustration of Seaward/Upland Lots).

Visual corridor

A “visual corridor” is a public street or open area within one or more zoning lots that provides a direct and unobstructed view to the water from a vantage point within a public street, public park or other public place.

Water coverage

“Water coverage” is the portion of a zoning lot seaward of the shoreline that, when viewed directly from above, would be covered by a pier, platform or floating structure, including portions of buildings or other structures projecting over the water from such structures. Water coverage shall not include docking or navigational appurtenances which may project from the aforementioned structures.

Waterfront block or waterfront zoning lot

A “waterfront block” or "waterfront zoning lot” is a block or zoning lot in the waterfront area having a boundary at grade coincident with or seaward of the shoreline. For the purposes of this Chapter:

(a)        a block within the waterfront area shall include the land within a street that is not improved or open to the public, and such street shall not form the boundary of a block;

(b)        a block within the waterfront area that abuts a public park along the waterfront shall be deemed to be part of a waterfront block; and

(c)        a zoning lot shall include the land within any street that is not improved or open to the public and which is in the same ownership as that of any contiguous land.

However, any block or zoning lot in the waterfront area having a boundary within or coincident with the boundaries of the Gowanus Canal, as shown on the City Map, shall be a waterfront block or waterfront zoning lot, respectively.

Any zoning lot, the boundaries of which were established prior to November 1, 1993, and which is not closer than 1,200 feet from the shoreline at any point and which does not abut a public park along the waterfront, shall be deemed outside of the waterfront block.

Waterfront public access area

A “waterfront public access area” is the portion of a zoning lot improved for public access. It may include any of the following: a shore public walkway, upland connection, supplemental public access area or public access area on a pier or floating structure.

Waterfront yard

A “waterfront yard” is that portion of a waterfront zoning lot extending open and unobstructed from the lowest level to the sky along the entire length of the shoreline, stabilized natural shore, bulkhead or water edge of a platform, as applicable, for a depth or width as set forth in this Chapter.

Within the waterfront area, all developments on zoning lots within waterfront blocks shall be subject to all provisions of this Chapter, unless stated otherwise. Developments on other zoning lots within the waterfront area shall be subject to the regulations of this Chapter only when part of a large-scale development, any portion of which is within a waterfront block, or when on zoning lots located in an area designated as part of a Waterfront Access Plan in accordance with Section 62-90 (WATERFRONT ACCESS PLANS). The provisions of this Chapter shall not be deemed to supersede or modify the regulations of any State or Federal agency having jurisdiction on affected properties.

(a)        Any development approved by special permit or authorization of the City Planning Commission or any zoning lot subject to a restrictive declaration in conjunction with a land use action by the Commission and City Council, or former Board of Estimate, as applicable, prior to October 25, 1993, may be started or continued pursuant to such special permit, authorization or the terms of such restrictive declaration.

Notwithstanding the provisions of this Chapter except as set forth in paragraphs (a)(1) through (a)(6) of this Section, the Commission may authorize modifications of such special permit or authorization, or the terms of a restrictive declaration may be modified by the Commission and, if applicable, the City Council, provided such modifications do not:

(1)        increase the height or lot coverage of any building in a waterfront block beyond the maximum set forth in Section 62-30 (SPECIAL BULK REGULATIONS);

(2)        extend the location of the exterior walls of any building within a waterfront block above the maximum base height for the district as set forth in Section 62-34 (Height and Setback Regulations on Waterfront Blocks);

(3)        increase the total floor area on any zoning lot within a waterfront block beyond the amount approved prior to October 25, 1993;

(4)        result in the obstruction of a required visual corridor or increase any existing obstruction of such visual corridor;

(5)        increase the size of a pier or platform or the size of any building or other structure on a pier or platform approved prior to October 25, 1993; or

(6)        involve a change that would create a requirement for public access or visual corridors without providing such public access or visual corridors in accordance with the provisions of Section 62-50 (GENERAL REQUIREMENTS FOR VISUAL CORRIDORS AND WATERFRONT PUBLIC ACCESS AREAS).

(b)        Developments for which an application for certification pursuant to this Chapter was filed prior to April 22, 2009 may be continued pursuant to the regulations of this Chapter in effect at the time of such filing.

(c)        Design changes to a previously certified application, including applications certified pursuant to paragraph (b) of this Section, may be made only upon further certification by the Chairperson of the Commission that such changes would not increase the degree of non-compliance or would result in a greater level of compliance with this Chapter.

(d)        Developments for which an application for authorization or special permit pursuant to this Chapter was filed prior to April 22, 2009 may be continued pursuant to the regulations of this Chapter in effect at the time of such filing.

(e)        Developments for which an application for an authorization or special permit, other than an authorization or special permit pursuant to this Chapter, was filed prior to April 22, 2009, may be continued pursuant to the terms of such authorization or special permit and, to the extent not modified under the terms of such authorization or special permit, shall be subject to the regulations of this Resolution that were in effect at the time such authorization or special permit was granted.

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 the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 4, or Article VI, Chapter 6, the provisions of Article VI, Chapter 4, or Article VI, Chapter 6 shall control.

In the event a Special Purpose District imposes a restriction on the height of a building or other structure that is lower than the height limit set forth in this Chapter, the lower height shall control. However, all heights shall be measured from the base plane.

The provisions of this Chapter shall not apply to the following Special Purpose Districts unless expressly stated otherwise in the special district provisions:

Special Battery Park City District

Special Brooklyn Navy Yard District

Special Governors Island District

Special Sheepshead Bay District

Special Southern Roosevelt Island District

Special Stapleton Waterfront District.

The regulations of this Chapter shall apply in the following Special Purpose Districts, except as specifically modified within the Special Purpose District provisions:

Special Flushing Waterfront District

Special Gowanus Mixed Use District

Special Inwood District

Special Long Island City Mixed Use District

Special St. George District.

Waterfront Access Plans shall be set forth in Section 62-90 of this Chapter. Such plans shall supersede, supplement or modify certain provisions of this Chapter. Except as expressly stated otherwise in the plan, all provisions of this Chapter remain in effect in the area subject to such plan.

The following uses shall be classified in accordance with their relationship to the water: Water-Dependent (WD) or Waterfront-Enhancing (WE). Such uses are listed in this Section only in the lowest numbered Use Group in which they appear. Where a WD or WE use appears in more than one Use Group, its additional listing is noted by a cross-reference.

Uses listed shall only be permitted in accordance with applicable district use regulations, including additional restrictions and conditions for certain uses set forth in Article II, Chapter 2, Article III, Chapter 2, and Article IV, Chapter 2, unless expressly stated otherwise in this Chapter.

Commercial docking facilities are listed in Use Group IV(B) in Sections 32-14 and 42-14. Such uses are permitted as-of-right in all districts set forth in the Use Groups and are subject to the accessory off-street parking and passenger loading requirements of Sections 62-43 and 62-462 of this Chapter.

The definition of accessory use in Section 12-10 (DEFINITIONS) is modified in accordance with the provisions of this Section.

Uses on existing piers or existing platforms shall be subject to the provisions of Section 62-241. Uses on new piers or new platforms shall be subject to the provisions of Section 62-242.

(a)        WD uses shall be permitted on floating structures in accordance with the applicable district regulations.

The following WE uses shall be permitted on a floating structure, in accordance with the applicable district regulations, only if the water coverage of the floating structure does not exceed 5,000 square feet:

(1)        eating or drinking establishments as listed under Use Groups VI;

(2)        theaters listed under Use Group VIII; and

(3)        any other WE use, provided such use is open to the sky except for minor accessory structures of less than 150 square feet.

(b)        Other uses shall be permitted on floating structures only by special permit pursuant to Section 62-834.

The applicable district sign regulations are modified as follows:

(1)        no advertising signs shall be permitted in any district;

(2)        no flashing signs shall be permitted in any district;

(3)        the regulations pertaining to roof signs shall be inapplicable;

(4)        the maximum height of a sign shall be measured from water level in lieu of curb level;

(5)        the maximum dimension of the floating structure on each side shall be used in lieu of street frontage of the zoning lot to determine the permitted area of signs; and

(6)        each side of the floating structure shall be deemed to be a street frontage for the purposes of maximum size of sign computations and the maximum area of signs for each side shall be as set forth for each street frontage of a corner lot.

Public parking lots and public parking garages shall be permitted within waterfront blocks only as provided in this Section.

In C8 Districts and Manufacturing Districts, public parking facilities shall be permitted in accordance with the applicable district regulations. In other districts, public parking facilities shall be permitted within waterfront blocks only by special permit pursuant to Section 62-836. The requirement for such special permit shall be in addition to any special permit or authorization requirements of the applicable district.

Playgrounds and private parks shall be a permitted use in M2 and M3 Districts within the waterfront area in Community Districts 1, 2 and 4 in the Borough of Manhattan.

Within a waterfront block, no flashing sign permitted in accordance with the applicable district regulations shall exceed 50 square feet in surface area and no more than one such sign shall be permitted for each establishment located on a zoning lot, except that no flashing sign shall be permitted on any pier or platform.

R6 R7 R8 R9 R10 R11 R12

In the districts indicated, any uses listed under Use Groups VI or VIII, as set forth in Section 62-212 (Waterfront-enhancing (WE) uses), shall be a permitted use anywhere on the zoning lot, provided such zoning lot is partially located within a Commercial District, and further provided that:

1. such uses have a public entrance fronting on a waterfront public access area or a street that provides public access to a shore public walkway;
2. such uses are limited to not more than 10,000 square feet of floor area per establishment;
3. the total amount of floor area used for such uses does not exceed two percent of the total amount of floor area permitted on such zoning lot; and
4. such uses are located below the level of the first story ceiling of a building, on a pier or platform, or in a kiosk within a waterfront public access area in accordance with the provisions for kiosks set forth in Section 62-611 (Permitted obstructions).

On waterfront zoning lots, the areas of the upland lot and the seaward lot shall be computed separately.

(a)        Upland lot

All bulk regulations pertaining to the upland lot shall be satisfied entirely on such portion of the zoning lot. All floor area, dwelling units or rooming units generated by such portion shall be located within the upland lot and all lot coverage computations shall be based solely on the area of the upland lot.

(b)        Seaward lot

Within the seaward lot, only the water coverage of piers or platforms that are structurally sound and physically accessible directly from the shore, with a surface that is capable of lawful occupancy, shall be deemed to be lot area for the purposes of determining allowable floor area, dwelling units or rooming units, or to satisfy any other bulk regulations, unless expressly stated otherwise. In no event shall the water coverage of a building or other structure projecting over the water from a pier or platform be included in lot area. Lot coverage provisions shall not apply to the seaward lot.

Except where all piers, platforms or floating structures are occupied predominantly by WD uses, the maximum water coverage permitted on a zoning lot shall not exceed 50 percent and the water coverage of an existing pier or platform may not be increased by more than 10 percent.

(c)        Special provisions for bulk distribution

Floor area, dwelling units or rooming units generated by existing piers or platforms within the seaward lot may be located anywhere on the zoning lot provided the amount on the upland lot does not exceed the maximum for the district on such portion of the zoning lot by more than 20 percent. No bulk distribution from the seaward lot shall be permitted for new piers or platforms, except within Waterfront Access Plan BK-1. Such bulk distribution shall be permitted for new portions of piers located within Waterfront Access Plan BK-1, provided that such new portion of the pier is accessed from a portion of an existing pier containing not less than 25 percent of the water coverage of such existing pier and that the water coverage of the new and existing portions of the pier does not exceed the water coverage of the existing pier.

Floor area regulations for zoning lots within waterfront blocks are set forth in: 

Section 62-321 for R1 through R5 Districts 

Section 62-322 for R6 through R12 Districts 

Section 62-323 for Community Facility and Commercial uses in Residence Districts 

Section 62-324 for Commercial Districts 

Section 62-325 for Manufacturing Districts

Section 62-326 for mixed use buildings in a Special Mixed Use District

Yard and lot coverage regulations for zoning lots within waterfront blocks shall be governed by the provisions of this Section, inclusive.

For developments containing WD uses or, in C8 or Manufacturing Districts without an A suffix, developments comprised predominantly of uses listed under Use Groups IV(B), IX or X, or for developments on zoning lots that are not waterfront zoning lots, yards shall be provided in accordance with the applicable district regulations. For all other developments, yards shall be provided in accordance with the provisions of Sections 62-331 (Front yards and side yards) and 62-332 (Rear yards and waterfront yards), except that no yard regulations shall be applicable on piers or floating structures nor may piers or floating structures be used to satisfy any yard requirements.

The maximum lot coverage in Residence Districts shall be as set forth in Section 62-333 and the maximum lot coverage in Commercial Districts shall be as set forth in Section 62-334.

Height and setback regulations for zoning lots within waterfront blocks are set forth in the following Sections:

Section 62-341    (Height and setback regulations in lower density districts)

Section 62-342    (Height and setback regulations in medium- and high-density districts with a letter suffix)

Section 62-343    (Height and setback regulations in other medium- and high-density districts)

Section 62-344    (Developments on piers)

Section 62-345    (Developments on floating structures)

However, airports, heliports, seaplane bases and, in C8 or Manufacturing Districts, developments comprised predominantly of WD uses or uses listed under Use Groups IV(B), IX or X shall be exempt from the requirements of this Section.

All developments on portions of a zoning lot landward of the shoreline or on platforms shall be subject to the height and setback provisions of this Section. However, when the seaward view from all points along the shoreline of a zoning lot is entirely obstructed by existing elevated roads, bridges or similar structures which are less than 50 feet above the mean high water line and within 200 feet of the shoreline, developments shall be exempt from the requirements of this Section. Height and setback regulations for developments on piers and floating structures are set forth in Sections 62-344 and 62-345.

For the purposes of applying the regulations of this Section, the following provisions shall apply:

1. Street lines
   
   For the purposes of Sections 62-342 and 62-343, a shore public walkway, visual corridor, upland connection or supplemental public access area shall be considered a street and its boundary shall be treated as a street line. Any visual corridor or upland connection that measures at least 75 feet in width, or any shore public walkway or supplemental public access area, shall be considered a wide street. Any other visual corridor or upland connection shall be considered a narrow street.
2. Measurement of height
   
   The height of all buildings or other structures on waterfront blocks shall be measured from the base plane, except where modified by the provisions of Article VI, Chapter 4. 
3. Permitted obstructions
   
   The obstructions permitted pursuant to Sections 23-411, inclusive, 24-51, 33-42 or 43-42 and, where applicable, Sections 64-312, 64-313 or 64-323, shall apply. In addition, the following regulations regarding permitted obstructions shall apply:
   1. A penthouse portion of a building shall be permitted to exceed the applicable maximum building height in Section 62-343 by 15 percent, provided that the gross area of any such story does not exceed 90 percent of the gross area of that story directly below the highest 15 percent of the building. 
   2. Wind energy systems
      
      Regulations governing wind energy systems are modified as follows:
      1. in R6 through R12 Districts, Commercial Districts mapped within, or with a residential equivalent of, R6 through R12 Districts, C7 Districts, C8 Districts other than C8-1 Districts, or Manufacturing Districts other than M1-1 Districts, wind energy systems located on a roof of a building shall not exceed a height equivalent to 50 percent of the height of such portion of the building or 55 feet, whichever is less, as measured from the roof to the highest point of the wind turbine assembly;
      2. in C4-1, C8-1 and M1-1 Districts, for buildings containing commercial or community facility uses, wind energy systems shall not exceed a height of 55 feet when located above a roof of the building as measured to the highest point of the wind turbine assembly; and
      3. in all districts, no portion of a wind energy system may be closer than 10 feet to a waterfront public access area boundary or a zoning lot line.

On waterfront blocks in Waterfront Access Plan BK-1 in Community District 1, Borough of Brooklyn, the special bulk regulations of this Chapter are further modified as set forth in this Section, inclusive.

The applicable district regulations pertaining to permitted or required off-street parking facilities accessory to residential uses shall apply to all developments on waterfront blocks except as modified in this Section or in Section 62-45 (Supplementary Regulations for All Parking Facilities).

The applicable district regulations pertaining to permitted or required off-street parking facilities accessory to non-residential uses shall apply to all developments on waterfront blocks except as modified in this Section or in Section 62-45.

Accessory off-street parking spaces, open or enclosed, shall be provided in conformity with the requirements set forth in the table in this Section for all developments involving the commercial docking facilities listed. For the purposes of this Section, the term development shall also include, in the case of an existing docking facility, an increase in any unit of measurement used in computing parking requirements.

In addition, passenger drop-off and pick-up areas shall be provided as set forth in Section 62-462.

Accessory off-street parking or drop-off and pick-up area requirements for docking facilities serving ferries or sightseeing, excursion or sport fishing vessels may be modified by City Planning Commission authorization pursuant to the provisions of Section 62-821.

REQUIRED PARKING SPACES FOR DOCKING FACILITIES

^*           For sightseeing, excursion, sport fishing or passenger ocean vessels, “p” is the sum of the maximum capacities of all such vessels using a dock. The maximum capacity of each vessel is its U.S. Coast Guard certified capacity

For ferries, “p” is the total ferry passenger load of a dock on weekdays between the hours of 6:00 a.m. and 9:00 a.m., as determined by the N.Y.C. Department of Transportation

For docks serving both above categories of vessels, the number of parking spaces required shall be the sum of the number of spaces required for each category

^**         By City Planning Commission special permit only for ferries or passenger ocean vessels in districts indicated

Accessory off-street parking spaces and loading berths shall be provided for all developments on floating structures in accordance with applicable district regulations unless specifically modified by this Chapter.

Where floor area is the unit of measurement for a use, the floor area shall be deemed to be the area of all floors or decks, both open and enclosed, on all levels of the floating structure. Floor or deck space occupied permanently and exclusively by mechanical equipment or that is normally inaccessible for human occupancy may be excluded.

Where lot area is the unit of measurement for a use, the water coverage of the floating structure shall be deemed to be lot area.

The applicable district regulations for developments with accessory or public parking facilities are further modified by this Section.

The applicable district regulations pertaining to permitted or required accessory off-street loading facilities shall apply to all developments, except as modified in this Section.

Within Waterfront Access Plan BK-1, the special parking and loading regulations of this Section are further modified as follows:

(a)        The provisions of Sections 62-411 and 62-421 shall not be applicable.

(b)        Accessory off-street parking spaces for uses permitted pursuant to Section 62-29 shall be provided in conformity with the regulations of Sections 36-21, 36-22 and 36-232 for C2-4 Districts.

(c)        Any required accessory off-street parking spaces provided for uses located on a parcel identified in Waterfront Access Plan BK-1 may be located anywhere within such parcel.

Visual corridors shall be provided for zoning lots developed within waterfront blocks in accordance with the provisions of this Section.

However, the following shall be exempt from the provisions of this Section:

airports, heliports and seaplane bases

developments in C8 or Manufacturing Districts comprised predominantly of uses listed under Use Groups IV(B), IX or X, except for docking facilities serving passenger ocean vessels or sightseeing, excursion or sport fishing vessels

developments in R1 or R2 Districts

developments comprised of single- or two-family residences within detached, semi-detached or zero lot line buildings on zoning lots less than 10,000 square feet in any district

extensions

changes of use within existing buildings or other structures.

In the event the visual corridor requirement imposed on the zoning lot exceeds 50 percent of the lot width or there is no way to provide a visual corridor in compliance with Section 62-511, no visual corridors shall be required.

Waterfront public access shall be provided for all waterfront zoning lots with a lot area of at least 10,000 square feet and a shoreline of at least 100 feet that are developed, and for all developments on floating structures, in accordance with the provisions of the following Sections:

Section 62-53 (Requirements for Shore Public Walkways)

Section 62-54 (Requirements for Public Access on Piers)

Section 62-55 (Requirements for Public Access on Floating Structures)

Section 62-56 (Requirements for Upland Connections)

Section 62-57 (Requirements for Supplemental Public Access Areas).

However, zoning lots with developments listed in paragraph (a) of this Section shall be exempted from waterfront public access area requirements; zoning lots with developments listed in paragraph (b) of this Section shall provide a waterfront public access area only as referenced therein.

(a)        The following shall be exempted from waterfront public access area requirements:

airports, heliports, seaplane bases;

developments comprised of predominantly WD uses, except as set forth in paragraph (b)(1) of this Section;

developments in C8 or Manufacturing Districts, comprised of predominantly uses listed under Use Groups IV(B), IX or X, except as set forth in paragraph (b)(2) of this Section;

developments in R1 or R2 Districts;

developments comprised of single- or two-family residences within detached, semi-detached or zero lot line buildings in any district;

developments in R3, R4, R5, C3 or C4-1 Districts and in C1 or C2 Districts mapped within R1 through R5 Districts, comprised of predominantly residential uses;

enlargements which in the aggregate involve an increase in floor area (or for open uses, lot area) of less than 50 percent of the amount existing on the zoning lot on October 25, 1993, and not more than 20,000 square feet;

extensions which in the aggregate involve an increase in the amount of floor area occupied by such existing uses of less than 50 percent of the amount existing on October 25, 1993, and not more than 20,000 square feet;

changes of use, from exempt uses, as listed in this Section, to non-exempt uses, where the aggregate amount of floor area or lot area involved is less than 50 percent of the amount existing on October 25, 1993, and not more than 20,000 square feet;

(b)        Waterfront public access areas required in conjunction with the following developments shall be subject to the minimum waterfront public access area set forth in the table in Section 62-57 and the requirements of Section 62-58 (Requirements for Water-Dependent Uses and Other Developments):

(1)        developments comprised predominantly of the following WD uses: docks for non-commercial pleasure boats, ferries, sightseeing, excursion or sport fishing vessels, boatels or commercial beaches;

(2)        developments on piers or platforms that involve existing buildings or other structures that are either New York City-designated landmarks or have been calendared for consideration, or are listed or eligible to be listed in the National or New York State Registers of Historic Places; or

(3)        changes of use or extensions within buildings existing on October 25, 1993, which involve, in aggregate, an amount of floor area that is less than 30 percent of the maximum floor area permitted on the zoning lot for either commercial or residential use, whichever is greater.

In Community District 1 in the Borough of Brooklyn, on zoning lots with developments comprised exclusively of docks for ferries with a vessel capacity of up to 399 passengers, and accessory amenities for such docking facilities, such zoning lots shall be exempt from the waterfront public access area requirements of this Section, provided that such docking facilities are certified by the Chairperson of the City Planning Commission, pursuant to Section 62-813 (Docking facilities for ferries or water taxis in certain waterfront areas). However, for any subsequent development on such zoning lot that is not comprised exclusively of docks for ferries, the public access requirements of this Section shall apply, and any public access exemptions for such docks for ferries shall no longer apply.  

(a)        All waterfront zoning lots meeting the criteria set forth in Section 62-52 (Applicability of Waterfront Public Access Area Requirements), or floating structures, shall provide a shore public walkway, which shall comply with the following requirements:

(1)        Such shore public walkway shall have a seaward edge contiguous with the seaward edge of the waterfront yard as established in Section 62-332 (Rear yards and waterfront yards) with a minimum width measured from such edge as set forth in paragraph (a)(2) of this Section, or for floating structures, as set forth in Section 62-55, unless relocation or modification of width is permitted pursuant to this Section;

(2)        Such shore public walkway shall have a minimum width of 30 feet for zoning lots developed with predominantly community facility or commercial uses in R3, R4, R5 and C3 Districts, and such uses in C1 and C2 Districts mapped within R1 through R5 Districts. The minimum width for a shore public walkway provided for a zoning lot developed with any use in all other districts, other than R1 and R2 Districts, shall be 40 feet.

(3)        The minimum width of the shore public walkway set forth in paragraph (a)(2) of this Section may be reduced at the following locations provided no shore public walkway is reduced to less than 10 feet:

(i)        on shallow portions of zoning lots that are less than 150 feet in depth, the minimum width of a shore public walkway may be reduced by one foot for every two feet that the lot dimension, measured from such edge, is less than 150 feet;

(ii)        on narrow portions of platforms that are less than 150 feet in depth between the water edges located perpendicular to the landward edge of such platform, the minimum width of such shore public walkway along each opposite edge may be reduced by one foot for every two feet that the platform dimension is less than 150 feet;

(iii)        on zoning lots where a tidal wetland area is provided, the width of the shore public walkway may be reduced by a foot for every foot of tidal wetland area along the seaward edge of the waterfront yard up to seven feet. Such reduction in depth shall not extend along more than 30 percent of the shoreline of the waterfront zoning lot.

(b)        In the case of a natural shoreline within New York State-designated wetlands, the shore public walkway shall be permitted to be relocated using either of the following methods:

(1)        further landward within the designated wetlands or its adjacent regulated area in accordance with an approval from the New York State Department of Environmental Conservation, in which case its width and design shall be determined by such agency; or

(2)        immediately adjacent and contiguous to the landward boundary of the wetlands area and any State-regulated adjacent area at the same elevation, in which case its width shall be measured from the seaward edge, as relocated.

(c)        Shore public walkways shall be accessible from a public sidewalk within a street, public park or other accessible open public place, according to the provisions of Section 62-56 (Requirements for Upland Connections). Shore public walkways shall connect with shore public walkways on adjoining zoning lots.

(d)        Whenever a zoning lot is divided by a boundary between districts, each portion of the shore public walkway shall be governed by the width requirement specified for the district in which it is located. However, the total area of required shore public walkway, in square feet, may be distributed anywhere in the waterfront yard, provided that the shore public walkway is at no point narrower than the lesser of the widths required by each district.

(a)        All developments on zoning lots containing piers shall provide waterfront public access areas that meet the provisions of this Section.

Waterfront public access areas on piers shall consist of:

(1)        an area along the seaward edge of the pier having a depth measured from such seaward edge equal to at least 25 percent of the overall length of the pier. Portions of buildings may project into the required waterfront public access area, provided that the aggregate width of all such projections at the level of any story does not exceed 50 percent of the aggregate width of the building. For the purposes of this paragraph, abutting buildings on a single zoning lot shall be considered a single building. The depth of the required waterfront public access area may be reduced by no more than 20 percent; such projections shall not be included in the computation of waterfront public access area provided on the pier. In no event shall the depth of the public access area be less than 15 feet;

(2)        an area along the landward portion of the pier, having a depth of 40 feet, measured seaward from the bulkhead, stabilized or natural shoreline, or platform edge from which the pier projects. The depth of such area, however, need not exceed 25 percent of the length of the pier. In no event shall the depth of such area be reduced to less than 15 feet; or

(3)        an area along all other water edges of the pier, having a depth of 15 feet measured from such edges. For portions of piers wider than 80 feet, the depth along the edges of such portion shall be increased by three inches for each additional foot of pier width over 80 feet, but need not exceed a total of 60 feet, in aggregate, for all other edges. Such areas along water edges which are directly opposite each other may be aggregated so that the entire area is along one edge. Alternatively, the required area may also be allocated to such opposite edges so that the total aggregate depth is maintained with a minimum 15 foot depth along any edge.

(b)        Notwithstanding the requirements of paragraph (a) of this Section, when a pier is developed predominantly with a playground or private park, the waterfront public access area requirement on the pier, pursuant to Sections 62-52 (Applicability of Waterfront Public Access Area Requirements) and 62-60 (DESIGN REQUIREMENTS FOR WATERFRONT PUBLIC ACCESS AREAS), inclusive, shall be deemed to be satisfied by such use.

Pier public access areas shall be directly accessible from a waterfront public access area, public sidewalk within an open street, public park or other accessible public place, or other public access area. For piers developed predominantly with a playground or private park, the minimum width of such connection shall be equal to at least 50 percent of the width of a pier where it projects from the bulkhead, stabilized or natural shoreline, or platform edge.

PUBLIC ACCESS REQUIREMENTS ON PIERS

(62—54)

All developments on floating structures permitted as-of-right, pursuant to Section 62-25, shall provide waterfront public access areas in accordance with the provisions of this Section. Developments subject to a special permit pursuant to Section 62-834 shall provide public access in accordance with a plan established pursuant to such special permit.

(a)        Public access in conjunction with a development on a floating structure shall consist of a 30 foot wide shore public walkway along the entire length of the shoreline, including the water edge perimeter of a platform projecting from any portion of the shoreline in accordance with the provisions of Section 62-53. In the event that there is additional development on the zoning lot requiring a 40 foot width, the greater width shall be provided.

(b)        When the primary entrance to a floating structure is located on a pier, and there is no other development on the pier that would require pier public access, a 15 foot wide public access area shall be provided in addition to the shore public walkway, along the full length of one of the longer water edges of the pier. Such public access area shall be directly connected to the shore public walkway.

All waterfront public access areas provided pursuant to Sections 62-53 (Requirements for Shore Public Walkways), 62-54 (Requirements for Public Access on Piers) or 62-55 (Requirements for Public Access on Floating Structures) shall be accessible from an open street, public park or other public place at intervals along the shore public walkway not to exceed 600 feet by means of either a direct connection or, where no direct connection exists, an upland connection between the shore public walkway and an adjoining public sidewalk within an open street, public park or other public place.

Where there is an intervening zoning lot that would prevent compliance with the maximum interval, such interval may be increased to the minimum necessary to clear the intervening zoning lot. In the event there is no way to provide the upland connection without encroaching on an intervening zoning lot, the upland connection shall not be required.

(a)        If the aggregate area of the required shore public walkways, upland connections, public access areas on piers, and public access areas in conjunction with floating structures on the zoning lot, is less by 750 square feet or more than the amount of waterfront public access area required by the table in this Section, then supplemental public access areas shall be provided in order to meet the total amount of waterfront public access area required by the table. However, when a zoning lot is developed predominantly as a playground or publicly accessible private park, the requirements of this Section shall be deemed to be satisfied by such use.

(b)        Where supplemental public access areas are required within New York State-designated wetlands or adjacent State-regulated areas, the area requirements and the design standards for such supplemental public access areas may be reduced or modified by the New York State Department of Environmental Conservation.

Supplemental public access areas shall not be required where the total area of such designated wetlands and adjacent State-regulated areas on the zoning lot is equal to or greater than the total supplemental public access area requirement and the Department of Environmental Conservation determines that public access to such areas is not permitted.

(c)        Whenever a zoning lot is divided by a boundary between districts in which different thresholds apply pursuant to the table in this Section, the waterfront public access area requirement shall be met for the entire zoning lot, provided that:

(1)        the lot area or length of shoreline in either district is less than the minimum threshold for which there is a total waterfront public access area requirement; and

(2)        the total lot area or length of shoreline for the entire zoning lot is greater than the lowest threshold in either district for which there is a total waterfront public access area requirement.

Each portion of the zoning lot shall generate a total waterfront public access area requirement based on the percentage required in the table for the district in which it is located.

WATERFRONT PUBLIC ACCESS AREA REQUIREMENTS

A supplemental public access area shall also be subject to the provisions of Section 62-62 (Design Requirements for Shore Public Walkways and Supplemental Public Access Areas).

Waterfront zoning lots that are developed with uses listed in paragraph (b) of Section 62-52 (Applicability of Waterfront Public Access Area Requirements) shall provide a minimum amount of waterfront public access area in accordance with the table in Section 62-57 (Requirements for Supplemental Public Access Areas).

The total waterfront public access area requirement in such table shall be provided in any manner that will enable the public to access a waterfront viewing area on the zoning lot from a public sidewalk within a street, public park or other public place. Such viewing area shall provide an unobstructed view of the water and comprise at least 50 percent of the total waterfront public access area required on the zoning lot. One linear foot of seating shall be provided for every 100 square feet of viewing area.

Waterfront public access areas improved in accordance with this Section shall comply with the provisions of Sections 62-61 (General Provisions Applying to Waterfront Public Access Areas) and 62-65 (Public Access Design Reference Standards).

For developments listed in paragraph (b)(1) of Section 62-52, on zoning lots containing a public access area established prior to October 25, 1993, by restrictive declaration, lease agreement, maintenance and operation agreement, or other agreement with a public entity, which public access area is required to be provided for the life of the development, subject to such agreement, the requirements for the waterfront public access area shall have been met if the established public access area is substantially in compliance with the provisions of this Section.

(a)        In M2 and M3 Districts pursuant to Section 62-27 (Special Use Regulations for Playgrounds or Private Parks), where a zoning lot or adjoining zoning lots are predominantly developed as a park, the requirements of Sections 62-50, inclusive, and 62-60, inclusive, shall be deemed satisfied for that portion of the zoning lots occupied by such park use, provided that:

(1)        such park is comprised of a minimum of nine acres of land above water and the water coverage of piers or platforms, located on the zoning lot or the zoning lot and adjoining zoning lots, having at least 600 feet of shoreline;

(2)        such park provides a continuous paved walkway along the entire portion of the zoning lots occupied by such use with a minimum clear width of no less than 12 feet, within 40 feet of the shoreline for at least 75 percent of those portions of the park that abut the shoreline;

(3)        such walkway connects with all other shore public walkways on the zoning lot and adjoining zoning lots and any adjoining public sidewalks or other pedestrian areas within pier public access areas, a public street, public park, other public place or park;

(4)        such walkway shall be open and accessible from pier public access areas, a public street, park or other public place at intervals over the length of the park, not exceeding 1,000 feet with an average of 600 feet, by a continuous paved walkway with a minimum clear width of not less than 10 feet;

(5)        such park is open and accessible to the public from dawn to dusk, except when hazardous conditions are present that would affect public safety;

(6)        a maintenance and operation agreement providing for the maintenance and operation of the park in good condition is entered into with the Department of Parks and Recreation (DPR), except that no such maintenance and operation agreement shall be required for a park developed and maintained by the State or the City of New York, any subdivision or agency of the State or the City, or any public authority or other entity created pursuant to State or local statute for the purpose of operating such a park; and

(7)        visual corridors shall be provided in accordance with Section 62-51 (Applicability of Visual Corridor Requirements).

Any maintenance and operation agreement required pursuant to paragraph (a)(6) of this Section shall include a requirement that prior to obtaining any building permit or opening any portion of the park to the public, the property owner or operator of the park shall post with DPR security in the form of a maintenance bond, letter of credit or other security acceptable to DPR, in an amount certified by a registered architect or landscape architect to be sufficient to cover 125 percent of the cost of maintaining the park for a 12 month period following its final completion, and that such security shall be replaced every five years with new security in an amount sufficient to cover 125 percent of the then current annual cost of maintaining the park, as certified by a registered architect or landscape architect, for the life of the park. Any maintenance and operation agreement shall be attached to or included within a duly recorded, signed declaration of restrictions, indexed against the zoning lot, binding the owners and any lessees, tenants, successors and assigns to maintain and operate the park in conformance with this Section and with the maintenance and operation agreement for the life of the park. The filing of such declaration, where required, shall be a precondition to certification pursuant to paragraph (e) of Section 62-811.

Any portion of a zoning lot that is not developed for a park use shall be subject to all of the requirements of Sections 62-50 and 62-60. For purposes of determining obligations pursuant to this Section, such portions of a zoning lot not used for park purposes shall be treated as a separate zoning lot or separate zoning lots, except that the entire zoning lot, including the portion used for park purposes, shall be considered in determining lot area for purposes of Section 62-53 (Requirements for Shore Public Walkways).

(b)        In order to implement the East River Waterfront Esplanade and Piers Project described in the Final Environmental Impact Statement (FEIS) dated May 18, 2007, of the Lower Manhattan Development Corporation and the record of decision (ROD) adopted by such corporation on November 7, 2007 (the ERW Project), in C2-8, C4-6, C6-4 and M1-4 Districts located in Manhattan Community Districts 1 and 3, for zoning lots predominantly developed as publicly accessible open space under the ERW Project, the Chairperson of the City Planning Commission shall allow for the phased implementation of such publicly accessible open space, and the requirements of Sections 62-50 (GENERAL REQUIREMENTS FOR VISUAL CORRIDORS AND WATERFRONT PUBLIC ACCESS AREAS), inclusive, and 62-60 (DESIGN REQUIREMENTS FOR WATERFRONT PUBLIC ACCESS AREAS), inclusive, shall be deemed satisfied, provided that:

(1)        the application for certification pursuant to Section 62-811 for any such phase(s) includes a report demonstrating that:

(i)        a site plan of the design of the publicly accessible open space in such phase(s) has been shown by the applicant to the affected Community Boards and Council Member(s) and such Community Boards and Council Member(s) have had at least 45 days to review such plan;

(ii)        any comments and recommendations of the affected Community Boards and Council Member(s) have been considered by the applicant, and such report includes a response to such comments or recommendations. Where design modifications have been made in response to such recommendations, the report shall address how the design has been modified;

(iii)        the publicly accessible open space in such phase(s) will be open and accessible to the public at a minimum from dawn to dusk, except when hazardous conditions are present that would affect public safety; and

(iv)        a maintenance and operation agreement providing for the maintenance and operation of the publicly accessible open space in such phase(s) in good condition is entered into with the DPR, except that no such maintenance and operation agreement shall be required for a publicly accessible open space developed and maintained by the State or the City of New York, any subdivision or agency of the State or the City, or any public authority or other entity created pursuant to State or local statute for the purpose of operating such publicly accessible open space; and

(2)        the site plan of the design for the publicly accessible open space phase(s) in such application is determined by the Chairperson to be in substantial compliance with the ERW Project as described in the FEIS and ROD.

No excavation or building permit shall be issued for development under any phase for publicly accessible open space under the ERW Project certified pursuant to Section 62-811 in accordance with this paragraph, (b), until all applicable Federal, State and local permits and approvals have been received with respect to such phase, including, without limitation, permits and approvals of the New York State Department of Environmental Conservation.

(c)        In order to implement a portion of the East Side Coastal Resiliency Project described in the Final Environmental Impact Statement (FEIS) dated September 13, 2019, located in a marginal street, wharf or place used as a park, in an M1-1 District located in Manhattan Community District 6, for zoning lots predominantly developed as a park, the requirements of Section 62-50 (GENERAL REQUIREMENTS FOR VISUAL CORRIDORS AND WATERFRONT PUBLIC ACCESS AREAS), inclusive, and Section 62-60 (DESIGN REQUIREMENTS FOR WATERFRONT PUBLIC ACCESS AREAS), inclusive, shall be deemed satisfied, and the certification pursuant to Section 62-811 (Waterfront public access and visual corridors) shall not be required, provided that:

(1)        the park will be open and accessible to the public at a minimum from dawn to dusk, except when hazardous conditions are present that would affect public safety; and

(2)        a maintenance and operation agreement providing for the maintenance and operation of the park in good condition is entered into with the City of New York, except that no such maintenance and operation agreement shall be required for a park developed and maintained by the State or the City of New York, any subdivision or agency of the State or the City, or any public authority or other entity created pursuant to State or local statute for the purpose of operating such park.

No excavation or building permit shall be issued within such zoning lot predominantly developed as a park, for the portion of the East Side Coastal Resiliency Project implemented pursuant to this paragraph (c), until all applicable Federal, State and local permits and approvals have been received, including, without limitation, permits and approvals of the New York State Department of Environmental Conservation.

(a)        All waterfront public access areas shall be unobstructed from their lowest level to the sky, except as set forth in Section 62-611 (Permitted obstructions). The lowest level of any portion of a waterfront public access area shall be determined by the elevation of the adjoining portion on the same or an adjoining zoning lot or the public sidewalk to which it connects. Reference elevations shall be established from the public sidewalks, waterfront yard levels and the elevations previously established by adjoining zoning lots at lot line intersections of a waterfront public access network, as applicable.

(b)        The minimum required circulation path shall be connected and continuous through all waterfront public access areas on adjacent zoning lots.

(c)        Waterfront public access areas shall be accessible to persons with physical disabilities in accordance with the Americans with Disabilities Act and the American National Standards Institute (ANSI) design guidelines.

(d)        All waterfront public access areas improved for public access shall meet the following regulations for site grading:

(1)        In required circulation paths:

(i)        for cross-sectional grading regulations (perpendicular to the general direction of pedestrian movement), the minimum slope of a required circulation path shall be one and one-half percent to allow for positive drainage and the maximum slope shall be three percent. Steps and stairways accommodating a cross-sectional grade change are only permitted outside of the required circulation path(s).

(ii)        for longitudinal grading controls (parallel to the general direction of pedestrian movement), grade changes shall be permitted along the length of a required circulation path by means of steps or ramps in compliance with the requirements for handicapped accessibility.

(2)        In required planting areas, including screening buffers:

Within three feet of the edge of any planting area, the grade level of such planting area shall be no more than three feet higher or lower than the adjoining level of the pedestrian circulation path.

(e)        Vehicle and emergency access

Vehicular access is prohibited within waterfront public access areas except for emergency and maintenance vehicular access. Parking areas, passenger drop-offs, driveways, loading berths and building trash storage facilities are not permitted within, or allowed to be accessed or serviced through, a waterfront public access area, except for vehicular access to drop-offs and other required services accessory to docking facilities or to development on a pier or floating structure.

Such vehicular ways shall be used only to provide access across the shore public walkway. No single driveway shall exceed a width of 25 feet. Bollards shall be installed in accordance with Section 62-651. A minimum 12 inch paved border shall be installed along the driveway boundaries and shall have a color distinct from the paving of the adjoining paved surface.

Vehicular roadways are permitted as part of an upland connection in accordance with the regulations of Section 62-56.

Any vehicular roadway crossing a required waterfront public access area shall comply with the requirements for paving in Section 62-656.

The design requirements of this Section shall apply to shore public walkways and supplemental public access areas, except as modified by Section 62-57 (Requirements for Supplemental Public Access Areas).

(a)        Circulation and access

(1)        In all districts, a shore public walkway shall provide a circulation path with a minimum clear width of 12 feet, except that in R3, R4, R5, C1, C2 and C3 Districts, and in C1 or C2 Districts mapped within R1 through R5 Districts, the minimum clear width shall be 10 feet.

Such path shall be located within 10 feet of the shoreline for at least 20 percent of the length of such shoreline, and the remainder of the path may be located anywhere within the shore public walkway or supplemental public access area. Secondary paths, when provided, shall be at least six feet wide. When two circulation paths are parallel to each other, they shall be connected by other paths or accessible lawn at intervals not to exceed 200 feet. In order to facilitate the future connection of pedestrian circulation paths, where a shore public walkway is on a zoning lot that is adjacent to a zoning lot without a shore public walkway, the portion of the circulation path that terminates at the common zoning lot line shall be located within 30 feet of the shoreline.

(2)        A supplemental public access area shall provide at least one circulation path with a minimum clear width of six feet that provides access throughout the supplemental public access area. This requirement may be met by a circulation path of the shore public walkway that traverses the supplemental public access area;

(b)        Seating

One linear foot of seating shall be provided for every 75 square feet of shore public walkway and supplemental public access area. Such seating may be located anywhere within such public access areas and shall comply with the standards of Section 62-652.

In addition, up to 25 percent of required seating may be located seaward of the shore public walkway and shall be subject to the provisions of Section 62-652, paragraph (h).

(c)        Planting

(1)        Planting areas

An area equal to at least 35 percent of the area of the shore public walkway and supplemental public access area shall be planted.

In addition, the following conditions shall apply:

(i)        Where a supplemental public access area is greater than 1,875 square feet, at least 15 percent of the required planting area of the shore public walkway and supplemental public access area, combined, shall be provided as lawn;

(ii)        Up to 30 percent of the required planting area may be provided as tidal wetland area and shall be measured in plan view and not along the planted slope; or

(iii)        When a dedicated bicycle path is provided within a supplemental public access area, a planting area with a width of at least five feet shall be provided between the bicycle path and any paved area for pedestrian use. For the purpose of calculating planting requirements, the area of the bicycle path may be deducted from the combined area of the shore public walkway or supplemental public access area.

Such planting areas in this paragraph, (c), may be located anywhere within the shore public walkway or supplemental public access area and shall comply with the standards of Section 62-655.

(2)        Screening buffer

(i)        A screening buffer shall be provided within the shore public walkway or the supplemental public access area, running along the entire upland boundary of such area where it abuts non-publicly accessible areas of the zoning lot, except as waived pursuant to paragraph (c)(2)(iii) of this Section. Any screening buffer provided pursuant to this Section may be used to meet the planting requirements of paragraph (c)(1) of this Section.

(ii)        The minimum width of the screening buffer shall be six feet. On shallow lots where the width of the shore public walkway may be reduced pursuant to Section 62-53, the width of the screening buffer may be reduced proportionally but shall not be less than four feet.

(iii)        No screening buffer shall be required:

(a)        adjacent to a private drive, a street or at the entrances to buildings; or

(b)        for a commercial or community facility use within a distance of 15 feet from the sidewalk or waterfront public access area, that is glazed with windows, transoms or glazed portions of doors in accordance with the provisions of Section 37-34 (Minimum Transparency Requirements).

(3)        Trees and additional planting

(i)        A minimum of one canopy tree shall be provided for every 2,000 square feet of shore public walkway and supplemental public access area. In no event may a shore public walkway have less than two canopy trees for every 100 feet of shoreline.

(ii)        In addition to the trees required pursuant to paragraph (c)(3)(i) of this Section, for every 1,250 square feet of shore public walkway and supplemental public access area, one of the following must be provided: a canopy tree, an ornamental tree or a multi-stemmed equivalent, 60 square feet of planting beds or 110 square feet of accessible lawn.

Trees and additional planting areas may be located anywhere within the shore public walkway or supplemental public access area and shall comply with the standards of Section 62-655.

(4)        Reduction in minimum required planting area

The minimum planting area, required by paragraph (c)(1) of this Section, may be reduced by 10 square feet for every linear foot of:

(i)        shoreline improved for boat launching or mooring or designed with architectural features to facilitate direct access to the water, such as steps or other forms of “get-downs,” except that rip-rap used as stabilized shore shall not qualify for a planting reduction; or

(ii)        WE uses with frontage adjoining, and having a public entrance on, the shore public walkway or supplemental public access area, provided that the screening buffer for such shore public walkway or supplemental public access area is waived pursuant to the conditions of paragraph (c)(2)(iii) of this Section.

However, where a supplemental public access area having an area of least 7,500 square feet containing a playground of at least 3,500 square feet in area and improved in accordance with the standards of the Department of Parks and Recreation is provided, the required minimum planting area may be reduced by one square foot for every five square feet of playground area. The playground area may be located anywhere within the waterfront public access area that is beyond 20 feet of the shoreline.

In no event shall the reduced planting area be less than 25 percent of the combined area of the shore public walkway and supplemental public access area.

(d)        Bicycle parking

Bicycle racks sufficient to provide at least four bicycle parking spaces shall be provided within a waterfront public access area.

Furthermore, when the combined area of the shore public walkway and supplemental public access area is greater than 8,000 square feet, two additional bicycle parking spaces shall be provided for every additional 2,000 square feet of shore public walkway or supplemental public access area.

Bicycle racks shall be adjacent to a circulation path and at least 20 feet from the shoreline. Such bicycle racks may be located in public sidewalks adjacent to the zoning lot. All bicycle racks shall comply with the standards of Section 62-657.

(e)        Trash receptacles

One trash receptacle shall be provided for every 4,000 square feet of shore public walkway and supplemental public access area, and all trash receptacles shall be located in visible and convenient locations. All trash receptacles shall comply with the standards of Section 62-658.

Upland connections shall be improved in accordance with the provisions of this Section.

(a)        Circulation and access

(1)        For Type 1 upland connections provided in accordance with the provisions of paragraph (a) of Section 62-561, there shall be at least one circulation path linking an open street, public park or other public place with a shore public walkway. Such path shall have a minimum clear width of 12 feet. Any secondary paths shall have a minimum clear width of six feet.

(2)        For Type 2 upland connections provided in accordance with the provisions of paragraph (b) of Section 62-561, each pedestrian walkway shall have a circulation path with a minimum clear width of eight feet linking an open street, public park or other public place with a shore public walkway. However, when a turnaround is provided, the entire required area shall be provided as a circulation path.

(3)        For transition areas, a circulation path with a width of at least 12 feet shall connect each circulation path of the Type 2 upland connection with a circulation path of a shore public walkway, supplemental public access area or Type 1 upland connection, whichever is applicable.

(b)        Paving

(1)        For Type 1 upland connections, at least 40 percent but not more than 65 percent of the entry area shall be paved. Such paving shall include a five foot wide area along at least 70 percent of the frontage adjoining a public sidewalk.

(2)        Where any upland connection is interrupted by a private driveway, the full width of the required upland connection shall traverse the roadbed without a drop in level, and be paved with materials distinct from the roadbed. Such portion of the upland connection shall not count towards fulfilling a minimum required amount of waterfront public access area.

In addition, for Type 2 upland connections, the area of the roadbed between both circulation paths, within which lines perpendicular to the upland connection traversing the roadbed can be drawn or the portion of the roadbed within a vehicular turnaround, shall be raised to be flush with the level of such adjoining upland connections.

Type 2 Upland Connection

(62—64)

(3)        The roadbed paving material of a private driveway leading to a vehicular turnaround may be extended into the turnaround provided the area of the turnaround paved with such material is not wider than the roadbed leading to the turnaround. The remaining portions of the turnaround shall be paved with distinct materials to facilitate pedestrian usage. In addition, the level of the area within the turnaround shall be raised to be flush with the level of adjoining circulation paths.

(c)        Planting

(1)        For Type 1 upland connections, at least 40 percent of the area of the upland connection shall be planted in accordance with the provisions set forth in Section 62-655 (Planting and trees).

In addition, the following rules shall apply:

(i)        where such upland connections do not abut open parking lots or private driveways, six caliper inches of ornamental trees or their equivalent in multi-stemmed plants shall be required for every 100 linear feet of upland connection.

(ii)        where such upland connections abut an open parking lot, screening shall be provided within the upland connection along the curb of such parking lot in accordance with Section 37-921 (Perimeter landscaping).

(iii)        where such upland connections abut a private driveway, a continuous tree pit shall be provided within the upland connection along the curb of the driveway. Such tree pit shall meet the minimum planting requirements set forth in Section 62-655, and in addition, shall be planted with one tree for every 25 feet of private driveway frontage.

(iv)        where such upland connections do not coincide with a visual corridor, at least 30 percent of the required open area along the length of the upland connection shall be planted, and the requirements of Section 62-513 (Permitted obstructions in visual corridors) shall apply within such open areas.

(2)        For Type 2 upland connections, a continuous tree pit shall be provided within the upland connection along the curb of the private driveway. Such tree pit shall meet the minimum planting requirements set forth in Section 62-655, and in addition, shall be planted with one tree for every 25 feet of private driveway frontage. Portions of the continuous tree pit may be paved with permeable paving such as Belgian block or similar unit pavers in order to accommodate any required amenities, such as benches or bicycle racks, or other permitted obstructions in accordance with the provisions of Section 62-611. However, no continuous tree pit shall be required where an upland connection abuts a portion of a roadbed that is required to be raised pursuant to paragraphs (b)(2) or (b)(3) of this Section.

(3)        For transition areas, at least 40 percent of such area shall be planted. In addition, a minimum of two canopy trees or their equivalent in caliper inches of ornamental trees or multi-stemmed plants are required.

(d)        Seating

At least 12 linear feet of seating shall be provided for every 100 linear feet of upland connection, excluding the length of any entry or transition areas and the first 50 feet of a Type 2 upland connection. Such excluded areas shall have at least 24 linear feet of seating.

(e)        Trash receptacles

One trash receptacle shall be provided within 15 feet of a street, public park or other public place and one receptacle shall be provided where the upland connection adjoins a shore public walkway or supplemental public access area, pursuant to Section 62-658.

The standards of this Section, inclusive, shall be applicable to all waterfront public access areas and visual corridors.

No hollow plastic material, such as PVC (polyvinyl chloride) or similar material shall be permitted in guardrails, fences, seating, trash receptacles or other similar furniture within a waterfront public access area. However, high-density polyethylene shall be permitted.

(a)        Hours of operation

All waterfront public access areas shall be open to the public at the times indicated in the table in this Section, except when required to be closed for repairs, and for no more than one day each year in order to preserve the private ownership of such area, as set forth in the maintenance and operation agreement required pursuant to Section 62-74 (Requirements for Recordation).

HOURS OF OPERATION FOR WATERFRONT PUBLIC ACCESS AREAS

^*        Dawn shall be defined as one half hour before sunrise, and dusk shall be defined as one half hour after sunset

^**        Waterfront public access areas on zoning lots containing predominantly commercial uses shall not be required to be open to the public beyond 10 P.M. from April 15th to October 31st and 8 P.M. from November 1st to April 14th

(b)        Rules of conduct

Rules of conduct for the waterfront public access area shall be established with the Department of Parks and Recreation and set forth in the maintenance and operation agreement as required pursuant to Section 62-74. Such rules of conduct shall not prohibit typical promenade activities consistent with public enjoyment of the waterfront, such as walking, jogging, sitting or reclining, gathering in small groups, or consumption of food or non-alcoholic beverages.

(a)        Performance and maintenance

(1)        The property owner shall be responsible for the completion and maintenance of all required waterfront public access areas on the zoning lot. No certificate of occupancy shall be issued until all required waterfront public access area improvements are completed except as otherwise provided in a phasing plan pursuant to Sections 62-811 (Waterfront public access and visual corridors) or 62-822 (Modification of waterfront public access area and visual corridor requirements).

(2)        To ensure the maintenance of the waterfront public access areas, prior to obtaining any certificate of occupancy, the property owner shall post security in the form of a maintenance bond, letter of credit or other security acceptable to the Department of Parks and Recreation (DPR), with the DPR in an amount certified by a registered architect or landscape architect to be sufficient to cover 125 percent of the cost of maintaining the waterfront public access areas for a 12 month period following final completion of such waterfront public access areas. The security shall be replaced every five years with a new security in an amount sufficient to cover 125 percent of the current annual cost of maintaining the waterfront public access areas, as certified by a registered architect or landscape architect. The security shall be in effect for the life of the development.

(b)        Maintenance and liability

Any declaration by the owner, its successor or assigns, or agreement between the owner, its successor or assigns, and the City of New York, provided in accordance with Section 62-74 (Requirements for Recordation) regarding the maintenance and operation of a required waterfront public access area as established in Section 62-52 (Applicability of Waterfront Public Access Area Requirements), shall provide that:

(1)        the owner, its successor or assigns, will construct and be responsible for ordinary maintenance and repair of all such areas;

(2)        the City will indemnify and defend the owner, its successor or assigns, for judgments resulting from litigation of claims of personal injury on such areas in accordance with reasonable provisions and procedures in the declaration and the maintenance and operation agreement, provided that the owner, its successor or assigns, has fully complied with the design and maintenance requirements set forth in this Resolution and the maintenance and operation agreement; and

(3)        in the event such areas are destroyed or substantially damaged as a result of flood, storm, fire or other acts of God, reconstruction shall be the responsibility of the City, provided that such destruction or damage is not the result of the negligence of the owner, or of the owner's failure to construct or maintain such areas in accordance with the provisions of this Resolution and the maintenance and operation agreement.

(a)        The owner of a zoning lot on a waterfront block may, at the owner’s option, and prior to commencement of design and construction of waterfront public access areas, make a request directed to the Office of the Mayor (Request) to transfer to the City of New York its fee simple absolute interest, free and clear of any encumbrances that are not deemed acceptable by the City, in the waterfront public access area on such zoning lot.

(1)        The City may accept the Request, provided that transfer will be made in a manner acceptable to the Chairperson of the City Planning Commission and the Commissioner of Parks and Recreation, who may specify conditions for transfer including, without limitation, establishment by the owner of an account for the funding of ordinary maintenance of the waterfront public access area and a capital reserve or funding mechanism for future capital repair, and adequate guarantees of access to the waterfront public access area and, provided further, that transfer is made pursuant to such instruments, which shall be a condition of certification pursuant to Section 62-811 (Waterfront public access and visual corridors), paragraphs (b) and (c), as are necessary for implementation. Where the Request is for transfer of a phase of the waterfront public access area pursuant to a phased implementation of required public access areas certified by the Chairperson pursuant to Section 62-811 or authorized by the City Planning Commission pursuant to Section 62-822 (Modification of waterfront public access area and visual corridor requirements), the City shall consider, in determining whether to accept such Request, such factors as the size, location and access for purposes of maintenance, repair and reconstruction, of the phase which is the subject of the Request, and may require as a condition of acceptance that the owner make binding commitments to the transfer of subsequent phases.

(2)        The Department of Parks and Recreation (DPR) shall review and approve the design and construction specifications for the waterfront public access areas proposed for transfer, and transfer of such areas shall be made prior to the issuance of any temporary or permanent certificate of occupancy for any part of the development for which such areas are required to be constructed, upon determination by the DPR that construction of such areas is complete, as required pursuant to Sections 62-50 (GENERAL REQUIREMENTS FOR VISUAL CORRIDORS AND WATERFRONT PUBLIC ACCESS AREAS) and 62-60 (DESIGN REQUIREMENTS FOR WATERFRONT PUBLIC ACCESS AREAS), and is in accordance with the previously approved design and construction specifications, except that signage required pursuant to Section 62-654 may be replaced by DPR signage.

(3)        The provisions of Section 62-72 (Performance and Maintenance Requirements), paragraphs (a)(2) and (b), shall not apply to any waterfront public access area transferred pursuant to this Section.

In the event of a transfer under this paragraph, (a), the bulk and parking computations for the zoning lot shall include the transferred property. Such transfer shall not be deemed to have created a non-compliance.

(b)        For parcels identified in Waterfront Access Plan BK-1, the owners of two or more parcels may, either for purposes of certification pursuant to Section 62-811 or at any time thereafter, submit an alternate plan to the Chairperson for the joint maintenance and operation of waterfront public access areas on such parcels, through an association or other entity established for this purpose or by other method. Such plan may include, in addition to provisions for maintenance and operation, alternate provisions with respect to security, liability and any other matters set forth in Section 62-72, as well as special provisions for reporting and monitoring of compliance with obligations for maintenance and operation of the waterfront public access areas. Such plan and any instruments as are necessary for its implementation may be approved by the Chairperson and the Commissioner of Parks and Recreation upon a determination that:

(1)        implementation of the plan would enhance maintenance and operation of the waterfront public access areas consistent with the purposes of this Chapter; and

(2)        participation in the plan is available to owners of contiguous parcels identified in Waterfront Access Plan BK-1 on an equal basis.

All required visual corridors and waterfront public access areas other than those provided in parks developed pursuant to Section 62-59 (Special Regulations for Zoning Lots That Include Parks), once certified in accordance with the provisions of Section 62-811 (Waterfront public access and visual corridors), paragraphs (b) or (c), shall be duly recorded in the form of a signed declaration of restrictions, including a maintenance and operation agreement with the Department of Parks and Recreation when a waterfront public access area is provided, indexed against the property, binding the owners, successors and assigns to provide visual corridors and to construct and maintain the waterfront public access areas, except as provided in the provisions of Section 62-70, inclusive, and provide public access thereto in accordance with the plans certified by the Chairperson of the City Planning Commission. Such declaration or maintenance and operation agreement shall require that a bond be posted that would ensure that the waterfront public access areas are maintained in accordance with the declaration or maintenance and operation agreement and are closed only at authorized times, and shall set forth rules of conduct consistent with the provisions of paragraph (b) of Section 62-71 (Operational Requirements). The filing of such declaration in the Borough Office of the Register of the City of New York shall be a precondition for the issuance of a building permit.

In addition, the preceding waterfront public access areas elements shall be recorded on the certificate of occupancy by the Departments of Buildings or Business Services, as applicable, and shall be a condition of issuance of such certificate of occupancy.

For parcels identified in Waterfront Access Plan BK-1 for which an alternate plan for joint maintenance and operation has been approved, or for parcels for which a transfer to the City is proposed pursuant to paragraph (b) of Section 62-73 (Request to Transfer Title to Certain Waterfront Public Access Areas), the provisions of such instruments as are necessary to effectuate such paragraph shall supersede those of the maintenance and operation agreement described in this Section.

The provisions of Sections 62-811 and 62-812, relating to certifications for waterfront public access areas, visual corridors and zoning lot subdivisions, shall apply to all zoning lots within waterfront blocks and any other blocks included within a Waterfront Access Plan, except that the following shall not be subject to the provisions of Section 62-811:

airports, heliports and seaplane bases;

in any district, existing zoning lots of less than 10,000 square feet developed predominantly with single- or two-family residences within detached, semi-detached or zero lot line buildings, provided such zoning lots are not included within an area subject to a Waterfront Access Plan pursuant to Section 62-90;

zoning lots in R1 and R2 Districts; and

zoning lots in C8 and Manufacturing Districts, containing predominantly uses listed under Use Groups IV(B), IX or X, except for docking facilities serving passenger ocean vessels or sightseeing, excursion or sport fishing vessels.

The following Waterfront Access Plans are hereby established within the Borough of The Bronx. All applicable provisions of Article VI, Chapter 2, remain in effect within the areas delineated by such plans, except as expressly set forth otherwise in the plans:

BX-1: Harlem River, in the Special Harlem River Waterfront District, as set forth in Section 87-70 (HARLEM RIVER WATERFRONT ACCESS PLAN).

The following Waterfront Access Plans are hereby established within the Borough of Brooklyn. All applicable provisions of Article VI, Chapter 2, remain in effect within the areas delineated by such plans, except as expressly set forth otherwise in the plans:

BK-1: Greenpoint-Williamsburg, as set forth in Section 62-931

BK-2: Gowanus Canal, in the Special Gowanus Mixed Use District, as set forth in Section 139-50 (GOWANUS CANAL WATERFRONT ACCESS PLAN).

The following Waterfront Access Plans are hereby established within the Borough of Manhattan. All applicable provisions of Article VI, Chapter 2 remain in effect within the areas delineated by such plans, except as expressly set forth otherwise in the plans:

M-1:        Inwood, in the Special Inwood District as set forth in Section 142-60 (INWOOD WATERFRONT ACCESS PLAN).

The following Waterfront Access Plans are hereby established within the Borough of Queens. All applicable provisions of Article VI, Chapter 2, remain in effect within the areas delineated by such plans, except as expressly set forth otherwise in the plans:

Q-1:        Northern Hunters Point in the Special Long Island City Mixed Use District, as set forth in Section 117-36 (Northern Hunters Point Waterfront Access Plan)

Q-2:        Flushing Waterfront, in the Special Flushing Waterfront District, as set forth in Section 127-50 (FLUSHING WATERFRONT ACCESS PLAN)

Q-3:        Newtown Creek, in the Special Southern Hunters Point District, as set forth in Section 125-46 (Newtown Creek Waterfront Access Plan).

FRESH food store

A “FRESH food store” is a grocery and convenience retailer or specialty food retailer, listed under Use Group VI, where at least 6,000 square feet of floor area, or cellar space utilized for retailing, is allocated to the sale of a general line of food and non-food grocery products, such as dairy, canned and frozen foods, fresh fruits and vegetables, fresh and prepared meats, fish and poultry, intended for home preparation and consumption. Such retail space shall be distributed as follows:

1. at least 25 percent of such retail space shall be allocated to the sale of perishable goods that shall include dairy, fresh produce, frozen foods and fresh meats, of which at least 500 square feet of such retail space shall be designated for the sale of fresh produce;
2. at least 35 percent of such retail space shall be allocated to the sale of non-perishable food; and
3. at least 6,000 square feet of such retail space shall be located on one story.

A food store shall be certified as a FRESH food store by the Chairperson of the City Planning Commission, pursuant to Section 63-30 (CERTIFICATION FOR A FRESH FOOD STORE).

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.

In M1 Districts, the regulations of Section 42-162 (Use Group VI – uses subject to size limitations) are modified to permit FRESH food stores with up to 30,000 square feet of floor area. The provisions of this Section shall not apply where the regulations of the underlying district permit grocery and convenience retailer or specialty food retailer, listed under Use Group VI, with floor area greater than 30,000 square feet.

All permitted signs shall be subject to the provisions of the sign regulations of the underlying districts. In addition, a FRESH food store shall provide signage pursuant to this Section.

A sign comprised of the FRESH food store symbol as provided in the Required Signage Symbols file at the Department of City Planning website shall be mounted on an exterior building wall adjacent to and no more than five feet from the principal entrance of the FRESH food store. The sign shall be placed so that it is directly visible, without any obstruction, to customers entering the FRESH food store, and at a height no less than three feet and no more than five feet above the adjoining grade. Such FRESH food store symbol shall be no less than 12 inches by 12 inches and no more than 16 inches by 16 inches in size and shall be fully opaque, non-reflective and constructed of permanent, highly durable materials.

Where a FRESH food store is provided on a zoning lot, the maximum residential floor area permitted on the zoning lot shall be increased by one square foot for each square foot of FRESH food store floor area provided, up to 20,000 square feet.

However, for zoning lots with sky exposure plane buildings, where any non-residential use has a permitted floor area ratio greater than that permitted for a residential use, the total floor area ratio of the zoning lot shall not exceed the maximum permitted floor area ratio for such non-residential use.

For height factor and open space ratio calculations, where applicable, the increased residential floor area generated pursuant to this Section shall be exempt from such calculations.

For developments or enlargements with qualifying affordable housing, the requirements for MIH developments or UAP developments shall not apply to the increased residential floor area generated pursuant to this Section.

For zoning lots containing a FRESH food store and residences in Commercial Districts mapped within, or with a residential equivalent of R6 through R12 Districts, the City Planning Commission may authorize modifications to Section 35-632 (Maximum height of buildings and setback regulations), or to the height and setback regulations of any Special Purpose District where maximum height limits apply to allow the applicable maximum building height to be increased by up to 15 feet and by up to one story, provided that the portion of the first story occupied by a FRESH food store has a minimum finished floor to finished ceiling height of 14 feet, and provided that such finished ceiling height is at least 14 feet above the base plane or curb level, as applicable.

In order to grant such authorizations, the Commission shall find that:

1. such modifications are necessary to accommodate a first story utilized as a FRESH food store;
2. the proposed modifications shall not adversely affect the essential scale and character of the adjacent buildings and any adjacent historic resources; and 
3. the proposed modifications will not unduly obstruct access to light and air of adjacent properties. 

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

For all developments containing FRESH food stores, or ground floor level enlargements containing FRESH food stores, the following provisions shall apply. For the portion of the building containing a FRESH food store, the ground floor level of the street wall fronting upon a primary frontage shall be glazed in accordance with the provisions of Section 37-34 (Minimum Transparency Requirements).

Furthermore, for FRESH food stores with frontage on two or more streets, the Chairperson of the City Planning Commission may certify that the glazing requirements of this Section shall only be applicable to the street wall fronting upon the principal street, as determined by the Chairperson.

In addition, the Chairperson may, by certification, allow a reduction in the glazing requirements of this Section, provided that the Chairperson finds that such building is a recipient of public funding. For the purposes of this Section, defined terms shall include those in Sections 12-10, 27-111 and 37-311.

For FRESH food stores provided as part of a development or enlargement, for any portion of such FRESH food store subsequently changed to any other use pursuant to Section 63-40 (CERTIFICATION FOR CHANGE OF USE OF A FRESH FOOD STORE) or Section 63-50 (AUTHORIZATION FOR BULK AND PARKING MODIFICATIONS), if such change of use occurs less than 25 years after the initial issuance of a certificate of occupancy for such FRESH food store, accessory off-street parking regulations shall apply to such changed use as if the use is at that time occurring as part of a development or enlargement. Application may be made for an authorization pursuant to Section 63-50.

(a)        In C1-1, C1-2, C1-3, C2-1, C2-2, C2-3 Districts mapped within R6 through R12 Districts and in C4-2 and C4-3 Districts, a FRESH food store shall provide one parking space per 1,000 square feet of floor area or cellar space utilized for retailing. The provisions of Section 36-23 (Waiver of Requirements for Spaces Below Minimum Number) shall not apply to FRESH food stores. In lieu thereof, no accessory off-street parking spaces shall be required for the FRESH food store if the floor area of such use is less than 40,000 square feet. In cases where there is more than one commercial use or community facility use on the zoning lot, the total number of accessory off-street parking spaces required pursuant to the provisions of Section 36-23 shall not include off-street parking spaces accessory to FRESH food stores.

(b)        In C1-1, C1-2, C1-3, C2-1, C2-2, C2-3 Districts mapped within R3, R4 and R5 Districts and in C4-1 Districts, a FRESH food store shall provide one parking space per 400 square feet of floor area or cellar space utilized for retailing. The provisions of Section 36-23 shall not apply to FRESH food stores. In lieu thereof, no accessory off-street parking spaces shall be required for the FRESH food store if the floor area of such use is less than 10,000 square feet. In cases where there is more than one commercial use or community facility use on the zoning lot, the total number of accessory off-street parking spaces required pursuant to the provisions of Section 36-23 shall not include off-street parking spaces accessory to FRESH food stores.

(c)        In C8-1, C8-2, M1-1, M1-2 and M1-3 Districts, a FRESH food store shall provide one parking space per 1,000 square feet of floor area or cellar space utilized for retailing, up to a maximum of 15,000 square feet. The underlying off-street parking regulations in Sections 36-20 or 44-20 shall apply to the floor area or cellar space, in excess of 15,000 square feet, utilized for retailing in such FRESH food store.

(d)        The provisions of this Section shall not apply:

(1)        in the Borough of Brooklyn, to M1 Districts in portions of Community Districts 5, 16 and 17, as shown on Maps 1 and 2 in Appendix B of this Chapter; and

(2)        in the Borough of Queens, to the Special Downtown Jamaica District.

No certificate of occupancy shall be issued for any portion of the development or enlargement identified in the drawings submitted pursuant to paragraph (a)(2) of Section 63-30 until a temporary certificate of occupancy has been issued for the FRESH food store space. No final certificate of occupancy shall be issued for any such portion of the development or enlargement identified in such drawings until the FRESH food store space has been completed in accordance with the drawings submitted pursuant to paragraph (a)(1) of Section 63-30 and a final certificate of occupancy has been issued for the FRESH food store space. The declaration of restrictions, where required pursuant to paragraph (c) of Section 63-30, shall be noted on any temporary or final certificate of occupancy for the building.

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

Cottage envelope building

A “cottage envelope building” is a single- or two-family detached residence located within R1 through R5 Districts, developed, enlarged, or altered, pursuant to any of the optional provisions of Section 64-33 (Special Bulk Regulations for Cottage Envelope Buildings), provided that:

1. such single- or two-family detached residence complies with Section 64-332 (Height and setback regulations for cottage envelope buildings); and
2. is located within a zoning lot that has a lot area that is less than that required by the applicable district; and
   1. has a lot width that is either:
      1. less than that required under the provisions of Section 23-11 (Lot Area and Lot Width Regulations in R1 Through R5 Districts) in R1, R2, R3-1, R3-2, R3X, R4, R4A, R5, and R5A Districts; or
      2. equal to or less than 30 feet in R3A, R4-1, R4B, R5B, and R5D Districts; or
   2. has a depth of less than 95 feet at any point.

All cottage envelope buildings shall also be flood-resistant buildings.

First story above the flood elevation

The “first story above the flood elevation” shall be the finished floor level of the first story located at or above the level at which a building complies with flood-resistant construction standards and, for buildings utilizing the reference plane, shall be no lower than the particular level established as the reference plane.

Flood map

“Flood map” shall be the most recent map or map data used as the basis for flood-resistant construction standards.

Flood-resistant building

A “flood-resistant building” is a building or other structure, which complies with all applicable flood-resistant construction standards.

Flood-resistant construction elevation

The “flood-resistant construction elevation” shall be the level of flood elevation required by Appendix G of the New York City Building Code for the “Flood design classification” of a building or other structure as set forth therein, or a height of two feet above the lowest grade adjacent to the building or other structure, whichever is higher.

Flood-resistant construction standards

“Flood-resistant construction standards” are the construction standards set forth in Appendix G of the New York City Building Code for “Post-FIRM Construction” that aid in protecting buildings or other structures in flood zones from flood damage, and governs both building or other structures that are required to comply with such standards and those that voluntarily comply. For buildings or other structures utilizing the provisions of this Chapter, flood-resistant construction standards shall be applied up to the flood-resistant construction elevation or higher.

High-risk flood zone

The “high-risk flood zone” is the area, as indicated on the flood maps, that has a one percent chance of flooding in a given year.

Lowest usable floor

The “lowest usable floor” of a building is the lowest floor of such building that contains floor area, and may include basements and cellars, as defined in Section 12-10 (DEFINITIONS).

Moderate-risk flood zone

The “moderate-risk flood zone” is the area, as indicated on the flood maps, and not within of the high-risk flood zone, that has a 0.2 percent chance of flooding in a given year.

Primary frontage

For the purposes of applying the provisions of paragraph (c) of Section 64-322 (Special floor area modifications for flood-resistant buildings), a “primary frontage” shall include:

1. in Commercial Districts, frontages that meet the criteria for a “primary frontage” as defined in Section 37-311;
2. in M1 Districts paired with Residence Districts, frontages along:
   1. wide streets;
   2. narrow streets within 50 feet of a wide street; and
   3. narrrow streets where an M1 District paired with a Residence District is mapped along an entire block frontage; and
3. frontages where non-residential uses are required at the ground-floor level pursuant to a Special Purpose District or waterfront public access area.

Reference plane

The “reference plane” is a horizontal plane from which the height and setback regulations governing a building or other structure may be measured, in accordance with certain provisions of this Chapter. The reference plane shall not be located above the first story above flood elevation, as applicable.

For zoning lots located wholly or partially within the high-risk flood zone, the reference plane may be established at any level between the flood-resistant construction elevation and a height of 10 feet above the base plane or curb level, as applicable. However, where the flood-resistant construction elevation exceeds a height of 10 feet above the base plane or curb level, as applicable, the reference plane may be established at the flood-resistant construction elevation.

For zoning lots located wholly or partially within the moderate-risk flood zone, the reference plane may be established at any level between the flood-resistant construction elevation and a height of five feet above the base plane or curb level, as applicable.

The optional provisions of this Chapter shall apply to zoning lots located wholly or partially within flood zones, as follows:

1. For all zoning lots in the flood zone
   
   The provisions of Sections 64-31 (Special Bulk Regulations for All Buildings) and 64-41 (Special Parking Regulations for All Buildings), inclusive, may be applied to all zoning lots, regardless of whether buildings or other structures on such zoning lots comply with flood-resistant construction standards.
2. For zoning lots containing flood-resistant buildings
   
   The provisions of Sections 64-20 (SPECIAL USE REGULATIONS), 64-32 (Special Bulk Regulations for Flood-resistant Buildings), 64-42 (Special Parking Regulations for Flood-resistant Buildings), and 64-60 (SPECIAL REGULATIONS FOR NON-CONFORMING USES AND NON-COMPLYING BUILDINGS), inclusive, may be applied only to zoning lots containing flood-resistant buildings, including cottage envelope buildings, as applicable, and Section 64-33 (Special Bulk Regulations for Cottage Envelope Buildings) may additionally be applied exclusively to zoning lots containing cottage envelope buildings. Where such provisions are utilized, the provisions of Section 64-50 (STREETSCAPE REGULATIONS), inclusive, shall apply.
3. For portions of buildings
   
   The following provisions may be applied to portions of buildings as follows:
   1. the provisions of Section 64-311 (Special floor area modifications for all buildings) may be applied to portions of buildings, regardless of whether such portions comply with flood-resistant construction standards;
   2. the provisions of Section 64-32 (Special Bulk Regulations for Flood-resistant Buildings), inclusive, may be applied to portions of buildings, provided that such portions comply with flood-resistant construction standards for the entirety of its vertically contiguous segments. Where such provisions are utilized within portions of buildings, the provisions of Section 64-50, inclusive, shall apply.

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 provisions of this Section, inclusive, are optional, and are only applicable to zoning lots located wholly or partially within flood zones. The provisions of this Section, inclusive, may be applied to zoning lots regardless of whether buildings or other structures on such zoning lots comply with flood-resistant construction standards. For such zoning lots, the underlying use regulations shall apply, except where permitted to be modified by this Section, inclusive.

The provisions of this Section, inclusive, are optional, and are only applicable to zoning lots located wholly or partially within flood zones. The provisions of this Section, inclusive, may be applied to zoning lots containing flood-resistant buildings, including cottage envelope buildings. For such zoning lots, the underlying use regulations shall apply, except where permitted to be modified by this Section, inclusive.

The provisions of this Section, inclusive, are optional, and are only applicable to zoning lots located wholly or partially within flood zones. The provisions of this Section, inclusive, may be applied to zoning lots regardless of whether buildings or other structures on such zoning lots comply with flood-resistant construction standards. For such zoning lots, the underlying bulk regulations shall apply, except where permitted to be modified by this Section, inclusive.

The provisions of this Section, inclusive, are optional, and are only applicable to zoning lots located wholly or partially within flood zones. The provisions of this Section, inclusive, may apply to zoning lots containing flood-resistant buildings, including cottage envelope buildings. For such zoning lots, the underlying bulk regulations shall apply, except where permitted to be modified by this Section, inclusive.

The provisions of this Section, inclusive, are optional, and are only applicable to zoning lots located wholly or partially within flood zones. The provisions of this Section, inclusive, may be applied to zoning lots with cottage envelope buildings. For such zoning lots, the underlying bulk regulations shall apply, except where permitted to be modified by this Section, inclusive.

The provisions of this Section, inclusive, are optional, and are only applicable to zoning lots located wholly or partially within flood zones. The provisions of this Section, inclusive, may apply to zoning lots regardless of whether buildings or other structures comply with flood-resistant construction standards. For such zoning lots, the underlying parking regulations shall apply, except where permitted to be modified by this Section, inclusive.

The provisions of this Section, inclusive, are optional, and are only applicable to zoning lots located wholly or partially within flood zones. The provisions of this Section, inclusive, may apply to zoning lots containing flood-resistant buildings.

For the purposes of this Section, where there is a reference to a “blank wall,” the following shall apply:

(a)        For manufacturing buildings, the provisions of Type 2 blank walls set forth in Section 37-361 (Blank wall thresholds) shall apply.

(b)        For commercial buildings, community facility buildings and mixed buildings, the provisions of Type 3 blank walls set forth in Section 37-361 shall apply.

(c)        For residential buildings, the provisions of Type 4 blank walls set forth in Section 37-361 shall apply.

Such blank walls shall be covered by one or more options in Section 37-362 (Mitigation elements) or by options as described in this Section, inclusive. In addition, any surface area of a wall which bounds stairs, ramps, landings, or chair lifts facing a street and that exceeds a height and width of four feet shall constitute a blank wall and comply with the standards of Type 3 blank wall. Such blank wall surfaces shall be calculated between the level of the adjoining sidewalk and the level of the first story above the flood elevation. In addition, any surface area of a wall which bounds stairs, ramps, landings, or chair lifts facing a street and that exceeds a height and width of four feet shall constitute a blank wall and comply with the standards of Type 3 blank wall. Such blank wall surfaces shall be calculated between the level of the adjoining sidewalk and the level of the first story above the flood elevation.

The provisions of this Section shall apply to all buildings other than:

1. single or two-family residences; and
2. buildings containing uses predominantly listed under Use Group IV(B), IX(B) or X.

Where the first story above the flood elevation is five or more feet above curb level and the street wall of a building is within 50 feet of the street line, for any level where off-street parking is provided within or below a building, such parking shall be either wrapped by floor area or screened pursuant to the provisions of Section 37-35 (Parking Wrap and Screening Requirements).

Buildings in existence prior to May 12, 2021, shall not be altered in any way that will create a new non-compliance or increase the degree of non-compliance with the provisions of this Section.

For all buildings with non-conforming uses, the provisions of Sections 52-20 (REPAIRS OR ALTERATIONS), 52-40 (ENLARGEMENTS OR EXTENSIONS), and 52-50 (DAMAGE OR DESTRUCTION), inclusive, shall be modified to allow a non-conforming use to be continued, and a building with non-conforming uses to be altered, enlarged, relocated or reconstructed to comply with flood-resistant construction standards, pursuant to the provisions of this Section, inclusive.