The height and setback regulations set forth in Sections 23-631 (General provisions), 34-24 (Modification of Height and Setback Regulations) and 35-62 (Commercial Districts With an R1 Through R5 Residential Equivalent), shall not apply to buildings in the Special Sheepshead Bay District. In lieu thereof, height and setback regulations set forth in this Section shall apply. For buildings in Residence Districts, building height is measured from the base plane. For buildings in Commercial Districts, building height is measured from curb level.

In Areas A, B, C, D, E and F, the street wall or any other portion of a residential building or the residential portion of a mixed building, except for a structure which encloses only accessory parking fronting on the Leif Ericson Drive service road street line, shall be set back a minimum distance of 10 feet from all street lines. Beyond the initial setback distance, the building shall not exceed the maximum height as set forth in this Section.

In Area A, the maximum height of a street wall or other portion of a building within 25 feet of the Emmons Avenue or 15 feet of the Sheepshead Bay Road street lines shall not exceed two stories or 30 feet, whichever is fewer. Beyond the initial setback distances in Area A, the building shall not exceed seven stories or 85 feet, whichever is fewer.

In Area C, the maximum height of a street wall or other portion of a building within 25 feet of the Emmons Avenue or Ocean Avenue street lines shall not exceed two stories or 30 feet, whichever is fewer. Beyond the initial setback distance of 25 feet in Area C, the building shall not exceed four stories or 50 feet, whichever is fewer.

In Areas B and D, a building shall not exceed four stories or 50 feet, whichever is fewer.

In Areas E and F, within 75 feet of the Emmons Avenue street line, the maximum height of any portion of a building shall not be more than three stories or 35 feet, whichever is fewer. Beyond the initial setback distance of 75 feet in Areas E and F, the building shall not exceed six stories or 75 feet, whichever is fewer.

In Areas G and H, a building shall not exceed three stories or 35 feet, whichever is fewer. However, the City Planning Commission may, by a special permit, modify such height restrictions, provided that:

(a)        the distribution of the bulk permits adequate access of light and air to surrounding streets and properties, and does not impair the view of the Bay; and

(b)        the height of such building does not exceed five stories or 50 feet, whichever is fewer.

The Commission may prescribe appropriate conditions and safeguards to protect the view of the Bay and to minimize the adverse effects on the character of the surrounding areas.