The following special permits by the Board of Standards and Appeals shall not be applicable within waterfront blocks:

Section 73-64 (Modifications for Community Facility Uses)

Section 73-68 (Height and Setback and Yard Modifications).

The following special permits by the Board of Standards and Appeals shall be applicable on waterfront blocks only as modified in the following Sections:

Section 73-12 (Community Facility Uses in R1, R2, R3-1, R3A, R3X, R4-1, R4A or R4B Districts) shall be applicable, except that:

(a)        all references to floor area ratio and open space ratio shall be modified in accordance with the provisions of Section 62-32 pertaining to floor area ratio and lot coverage, which provisions the Board may modify pursuant to Section 73-12; and

(b)        all findings involving the amount and distribution of open space shall be made using the open area of the lot resulting from the maximum lot coverage set forth in Section 62-32; and

Section 73-45 (Modification of Off-site Parking Provisions); and

Section 73-49 (Roof Parking) shall be applicable, except for those provisions expressly modified by Section 62-40 (SPECIAL PARKING AND LOADING REGULATIONS).

The following special permits by the City Planning Commission shall not be applicable on waterfront blocks:

Section 74-72 (Bulk Modification)

Section 74-75 (Educational Construction Fund Projects)

Section 74-82 (Through Block Arcades)

Section 74-84 (Developments with Existing Buildings)

Section 74-85 (Special Height and Setback Regulations)

Section 74-87 (Covered Pedestrian Space).

The following special permits by the City Planning Commission shall be applicable on waterfront blocks only as modified in the following Sections:

Section 74-51 (Public Parking Garages or Public Parking Lots Outside High Density Central Areas); and

Section 74-195 (Public parking garages or public parking lots in high density central areas) shall be applicable, subject to the provisions of Section 62-26 (Special Use Regulations for Public Parking Facilities) and the special permit provisions of Section 62-836 (Public parking facilities on waterfront blocks);

Section 74-531 (Additional parking spaces or roof parking for accessory group parking facilities) shall be applicable, except that finding (d), relating to roof parking, shall not apply. In lieu thereof, the provisions of Sections 62-411 (Accessory residential roof parking) and 62-421 (Accessory non-residential roof parking) shall apply;

Section 74-711 (Landmark preservation in all districts) shall be applicable, except that bulk modification shall also include modification of public access or visual corridor requirements. However, in no event shall modification of paragraph (a) of Section 62-31 (Bulk Computations on Waterfront Zoning Lots) be permitted;

Section 74-74 (Large-scale General Development);

Section 74-79 (Transfer of Development Rights From Landmark Sites) shall be applicable, except that permissible modifications shall also include all bulk regulations set forth in Section 62-30 (SPECIAL BULK REGULATIONS), except for paragraph (a) of Section 62-31 and maximum floor area ratio for the applicable district set forth in Section 62-32. Modifications may also include public access and visual corridor requirements set forth in Sections 62-50 and 62-60;

Section 78-00 (SPECIAL REGULATIONS APPLYING TO LARGE-SCALE RESIDENTIAL DEVELOPMENTS); and

Section 79-00 (SPECIAL REGULATIONS APPLYING TO LARGE-SCALE COMMUNITY FACILITY DEVELOPMENTS).

The large-scale development provisions of Section 74-74 and Article VII, Chapters 8 and 9, shall be applicable, except that:

(a)        In the event a large-scale development consists of a portion within a waterfront block and a portion within a non-waterfront block, all zoning lots within the development shall be subject to the bulk regulations of Section 62-30 (SPECIAL BULK REGULATIONS).

(b)        In the event a large-scale development is located partially within and partially beyond the waterfront area, the landward boundary of the waterfront area shall be relocated so as to encompass all zoning lots within the development and such development shall be deemed to be located entirely within the waterfront area.

(c)        Any height and setback modifications within a waterfront block shall be subject to an additional finding that such modifications would result in a site plan with visual and, where required, physical public access to the waterfront in a way that is superior to that which would be possible by strict adherence to the regulations of Section 62-341 (Developments on land and platforms).

For the purposes of modifying the height and setback regulations of Section 62-341, the term "periphery" shall include all portions of a large-scale development within 100 feet of a peripheral street or lot line. The term "wholly within" shall therefore mean any area of a large-scale development which is not within the area designated as periphery. Large-scale residential developments within R3, R4 or R5 Districts shall continue to be subject to the periphery provisions of Section 78-31 (Location of Buildings, Distribution of Bulk and Open Space and Modification of Height and Setbacks).

(d)        No distribution of bulk shall result in an increase in floor area ratio on a zoning lot within a waterfront block beyond 20 percent of the amount otherwise allowed by Section 62-32. In the event such zoning lot to which bulk is distributed is a waterfront zoning lot, such bulk may only be distributed to the upland lot and the computation of maximum floor area ratio for such upland lot shall include any bulk distribution from the seaward lot. Such limitation on bulk distribution shall not apply to zoning lots within non-waterfront blocks.

(e)        Modification of public access and visual corridor requirements shall be subject to the authorization provisions of Section 62-822. In lieu of making the findings in paragraphs (a) or (b) of this Section, the Commission may find that the proposed site plan would result in better achievement of the goals set forth in Section 62-00 than would otherwise be possible by strict adherence to the regulations of Sections 62-50 and 62-60.

(f)        In Community District 1, in the Borough of Queens, where the Commission has approved a large-scale general development, and a lot line within such large-scale general development coincides with the boundary of a mapped public park, such lot line shall be considered to be a street line of a wide street for the purposes of applying the requirements of Section 23-86 (Minimum Distance Between Legally Required Windows and Walls or Lot Lines).

(a)        In R6, R7, R8, R9 and R10 Districts with a letter suffix, and in any C1 or C2 District mapped within such Districts, and in any other Commercial District with a letter suffix, any zoning lot within a waterfront block with buildings containing residences shall comply with the applicable district bulk regulations as set forth in this Chapter, and shall also comply with the requirements of Article II, Chapter 8 (Quality Housing Program), except as modified in this Section.

(b)        In R6, R7, R8, R9 and R10 Districts, and in any C1 or C2 District mapped within such Districts, and in Commercial Districts with R6 through R10 residential equivalents, any building containing residences on a zoning lot on a waterfront block shall comply with the applicable district bulk regulations as set forth in this Chapter. The bulk regulations in Article II, Chapter 3, applicable to Quality Housing developments shall not apply. However, all other requirements of the Quality Housing Program set forth in Article II, Chapter 8, shall apply.

Developments that provide a shore public walkway, in accordance with the requirements of Section 62-60 (DESIGN REQUIREMENTS FOR WATERFRONT PUBLIC ACCESS AREAS), shall be deemed to have met the requirements for recreation space specified in Section 28-20 (RECREATION SPACE AND PLANTING AREAS). Also, for the purposes of Section 28-23 (Planting Areas), the boundary of an upland connection located within a private drive shall be considered a street line.

The provisions of Article VII, Chapter 7 (Special Provisions for Zoning Lots Divided by District Boundaries), shall be applicable on waterfront blocks, as modified in the following Section:

Section 77-28 (Height and Setback Regulations) shall be applicable, except that all references to street frontage shall be inapplicable. In lieu thereof, the percentage of the zoning lot in each district shall be used to determine the quantitative requirements. The provisions in such Section for Quality Housing buildings shall be inapplicable. Furthermore, the height and setback regulations applicable to the district in which more than 50 percent of the lot area on the zoning lot is located, may apply to the entire zoning lot provided that the greatest distance from the mapped district boundary to any lot line of the zoning lot in the district in which less than 50 percent of the area is located does not exceed 25 feet. Such distance shall be measured perpendicular to the mapped district boundary.

For buildings containing long-term care facilities, the applicable provisions of Sections 24-013, 33-012 and 35-012 shall apply. Where a building containing a long-term care facility is required to utilize the bulk regulations applicable to affordable independent residences for seniors in Article II, Chapter 3, such provisions shall be modified by the bulk regulations applicable to affordable independent residences for seniors set forth in Section 62-30 (SPECIAL BULK REGULATIONS), inclusive, except that:

(a)        in R6A Districts or R6 Districts without a letter suffix, in C1 or C2 Districts mapped within R6A or R6 Districts without a letter suffix, or in Commercial Districts with a residential equivalent of an R6A or R6 District without a letter suffix, the maximum floor area ratio for long-term care facilities shall be 3.6;

(b)        in R7A Districts or R7 Districts without a letter suffix, in C1 or C2 Districts mapped within R7A or R7 Districts without a letter suffix, or in Commercial Districts with a residential equivalent of an R7A or R7 District without a letter suffix, the maximum floor area ratio for long-term care facilities shall be 4.6; and

(c)        the minimum size of dwelling unit provisions of Section 23-23 shall not apply.

WD uses require direct access to a body of water in order to function or use waterways for transport of materials or products. WD uses shall be limited to the following:

From Use Group III

Non-commercial clubs, restricted to non-profit private beach clubs and private boat clubs

From Use Group IV

Airports

Boat launching facilities for non-commercial pleasure boats

Docks

Dumps, recycling or material recovery facilities, marine transfer stations for garbage or slag piles, provided such uses ship or receive materials or products by water as evidenced by operational docking facilities on the zoning lot 

Heliports 

Public transit yards, including accessory motor fuel pumps, provided such uses ship or receive materials or products by water as evidenced by operational docking facilities on the zoning lot

Seaplane bases

 Sewage disposal plants

Terminal facilities at river crossings for access to electric, gas or steam lines

All other uses listed under Use Group IV(B) that ship or receive materials or products by water as evidenced by operational docking facilities on the zoning lot

From Use Group VI

Boat dealers

Boat fuel sales

Recreational boat repair 

Recreational goods rental 

From Use Group VIII 

Water-oriented outdoor amusement and recreation facilities 

From Use Group IX 

Boat storage 

Trucking terminals or motor freight stations, provided such uses ship or receive materials or products by water as evidenced by operational docking facilities on the zoning lot 

Warehouses, provided such uses ship or receive materials or products by water as evidenced by operational docking facilities on the zoning lot 

Wholesale establishments, provided such uses ship or receive materials or products by water as evidenced by operational docking facilities on the zoning lot 

All other uses listed under Use Group IX that ship or receive materials or products by water as evidenced by operational docking facilities on the zoning lot 

From Use Group X 

Transportation equipment manufacturing, limited to boat and ship building 

All other uses listed under Use Group X that ship or receive materials or products by water as evidenced by operational docking facilities on the zoning lot.

WE uses comprise a group of primarily recreational, cultural, entertainment or retail shopping uses that, when located at the water's edge, add to the public use and enjoyment of the waterfront. WE uses shall be limited to the following:

From Use Group I

All uses listed under Use Group I, subject to the use regulations for C7 Districts 

From Use Group III

All uses listed under Use Group III(B), subject to the use regulations for C7 Districts 

From Use Group IV

All uses listed under Use Groups IV(A) and IV(C), subject to the use regulations for C7 Districts

From Use Group V

All uses listed under Use Group V, subject to the use regulations for C7 Districts

From Use Group VI

All uses listed under Use Group VI, subject to the use regulations for C7 Districts

From Use Group VII

All uses listed under Use Group VII, subject to the use regulations for C7 Districts and provided that such uses are limited to 5,000 square feet per establishment   

From Use Group VIII  

All uses listed under Use Group VIII, subject to the use regulations for C7 Districts  

From Use Group IX  

All uses listed under Use Group IX, subject to the use regulations for C7 Districts  

From Use Group X  

All uses listed under Use Group X, subject to the use regulations for C7 Districts.

Berths or moorings for non-commercial pleasure boats provided as an accessory use to a residential use may be rented to persons who are not occupants of the residences to which such berths or moorings are accessory, for the accommodation of the non-commercial pleasure boats used by such non-residents, provided that:

(a)        not more than 40 percent of such berths or moorings are so occupied by non-residents;

(b)        except in Manhattan Community Boards 1 through 8, an additional off-street parking space, in a location adjacent to the docking facility, or off-site in accordance with the provisions of Section 62-412 (Accessory residential off-site parking), is provided for each berth or mooring so occupied;

(c)        such off-street parking spaces comply with all other provisions of this Resolution for the district in which they are located; and

(d)        the total number of accessory berths or moorings does not exceed the total number of dwelling units to which they are accessory.

Accessory berths or moorings may be provided on a zoning lot other than the same zoning lot as the residences to which such berths or moorings are accessory, provided that:

(a)        both zoning lots are contiguous or would be contiguous except for their separation by a street or street intersection; and

(b)        both zoning lots are in common ownership (single fee ownership or alternative ownership arrangements of the zoning lot definition in Section 12-10).

The use of an existing platform may be continued or such use may be changed, enlarged or extended in accordance with the use regulations of the applicable district.

The use of an existing pier may be continued or such use may be changed, enlarged or extended in accordance with the use regulations of the applicable district provided that any use within a building or other structure on the pier meets one of the following requirements:

(a)        such use is a WD use; or

(b)        the building or other structure within which such use is located existed on October 25, 1993; or

(c)        the building or other structure within which such use is located complies with the height and setback regulations of Section 62-342 (Developments on piers).

In addition, the following use regulations shall apply on piers:

(d)        uses listed under Use Group VI, not otherwise limited in size by their Use Group listing, shall be limited to 20,000 square feet of floor area per establishment; and

(e)        no residential use shall be permitted within a building on a pier unless 50 percent or more of the floor area of the story at the level of public access is allocated for occupancy by WE uses, subject to the size limitations set forth in paragraph (d) of this Section.

Any use on an existing pier not permitted by the foregoing provisions of this Section shall only be allowed by special permit of the City Planning Commission pursuant to Section 62-835 (Developments on piers or platforms).

New piers and new platforms shall be limited to WD uses or to the following WE uses: playgrounds or publicly accessible private parks. Changes of use to any other WE use are permitted only by special permit, pursuant to Section 62-835 (Developments on piers or platforms).

Docks for water taxis and docks or mooring facilities for non-commercial pleasure boats, listed under Use Group IV(B) in Section 32-14 or 42-14, shall be permitted uses on any parcel identified in Waterfront Access Plan BK-1.

The maximum floor area ratio and lot coverage for residential buildings or residential portions of buildings in R3, R4 and R5 Districts shall be in accordance with the applicable district regulations, except as provided in Section 62-323 (Affordable independent residences for seniors).

For residential buildings or residential portions of buildings in R1, R2, R6, R7, R8, R9 and R10 Districts, the applicable regulations of Section 23-14 (Open Space and Floor Area Regulations in R1 Through R5 Districts) or Section 23-15 (Open Space and Floor Area Regulations in R6 Through R10 Districts), inclusive, shall not apply. In lieu thereof, the maximum floor area ratio and lot coverage on a zoning lot shall be as specified in the table below, except as provided for in Sections 23-154 (Inclusionary Housing), 62-323 (Affordable independent residences for seniors) and 62-35 (Special Bulk Regulations in Certain Areas Within Community District 1, Brooklyn):

MAXIMUM FLOOR AREA RATIO AND MAXIMUM LOT COVERAGE FOR RESIDENTIAL BUILDINGS OR RESIDENTIAL PORTIONS OF BUILDINGS

¹        In Inclusionary Housing designated areas and in Mandatory Inclusionary Housing areas, the floor area ratio has been modified, pursuant to Section 23-154 or Section 62-35, inclusive

²        In R10 Districts, the floor area ratio may be increased to a maximum of 12.0, pursuant to Section 23-154

In the districts indicated in the following table, the maximum floor area ratio for affordable independent residences for seniors shall be as set forth in Sections 23-144 and 23-155, as applicable, and the maximum lot coverage shall be as specified in the following table.

MAXIMUM LOT COVERAGE FOR AFFORDABLE INDEPENDENT RESIDENCES FOR SENIORS

Where different maximum percentages of lot coverage apply to residential and community facility uses, the higher lot coverage shall be applied to any level containing both such uses. Furthermore, the maximum percent of lot coverage for community facility uses located below the level of residential uses need not be lower than the maximum percent of lot coverage permitted for such residential uses.

In Residence Districts, for any community facility building or community facility portion of a building on a zoning lot, the following regulations shall apply:

(a)        The maximum floor area ratio shall be in accordance with the applicable district regulations, except that no floor area bonuses shall apply. In R7-3 and R9-1 Districts, the maximum floor area ratio shall be the maximum permitted for residential buildings pursuant to Section 62-322 (Residential uses in R1, R2, R6, R7, R8, R9 and R10 Districts). For developments or enlargements on qualifying transit improvement sites, a floor area bonus for mass transit station improvements may be granted by the City Planning Commission pursuant to the provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements). No other floor area bonuses shall apply. For the purposes of this paragraph, defined terms additionally include those in Section 66-11 (Definitions).

(b)        The maximum percent of lot coverage specified in Section 24-11 (Maximum Floor Area Ratio and Percentage of Lot Coverage) shall not apply. In lieu thereof, the following lot coverage regulations shall apply to community facility buildings or to that portion of a building used for a community facility use:

MAXIMUM LOT COVERAGE FOR COMMUNITY FACILITIES

Any portion of a building at any height up to but not exceeding 23 feet above the base plane may be excluded in determining the percent of lot coverage set forth in the table in this Section.

In Special Mixed Use Districts, lot coverage requirements shall not apply to community facility uses.

In Residence Districts, when permitted, commercial buildings or buildings used partly for commercial use, shall comply with the regulations for residential buildings as set forth in Sections 62-321 and 62-322.

The maximum floor area ratio permitted for a community facility use shall be in accordance with the applicable district regulations, and the maximum floor area ratio permitted for a residential use shall be as set forth in this Section, provided the total of all such floor area ratios does not exceed the greatest floor area ratio permitted for any such use on the zoning lot.

Where different maximum percentages of lot coverage apply to residential and community facility uses, the higher lot coverage shall be applied to any level containing both such uses. Furthermore, the maximum percent of lot coverage for community facility uses located below the level of residential uses need not be lower than the maximum percent of lot coverage permitted for such residential uses.

In Commercial Districts, for any commercial or community facility uses on a zoning lot, the maximum floor area ratio shall be in accordance with the applicable district regulations, except:

(a)        no floor area bonuses shall be permitted except as permitted pursuant to the provisions of paragraph (c) of this Section;

(b)        the floor area ratio on a zoning lot shall not exceed 10.0; and

(c)        for developments or enlargements on qualifying transit improvement sites, a floor area bonus for mass transit station improvements may be granted by the City Planning Commission pursuant to the provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements). For the purposes of this paragraph, defined terms additionally include those in Section 66-11 (Definitions).

For residential buildings and residential portions of mixed buildings, the maximum floor area ratio and lot coverage applicable to residential buildings set forth in Sections 62-321 through 62-323 shall apply as set forth for the applicable Residence District and its corresponding Commercial District in Section 35-23 (Residential Bulk Regulations in Other C1 or C2 Districts or in C3, C4, C5 or C6 Districts).

In Manufacturing Districts, for any zoning lot, the maximum floor area ratio shall be in accordance with the applicable district regulations. However, for developments or enlargements on qualifying transit improvement sites, a floor area bonus for mass transit station improvements may be granted by the City Planning Commission pursuant to the provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements). For the purposes of this paragraph, defined terms additionally include those in Section 66-11 (Definitions).

The maximum floor area ratio for zoning lots containing a mixed use building in a Special Mixed Use District shall be in accordance with the provisions of Section 123-64 (Maximum Floor Area Ratio and Lot Coverage Requirements for Zoning Lots Containing Mixed Use Buildings).

Front yards and side yards shall be provided on zoning lots within waterfront blocks in accordance with applicable district regulations, except that:

(a)        any rear lot line of a waterfront zoning lot that intersects the shoreline shall be deemed to be a side lot line and be subject to side yard regulations; and

(b)        side yard regulations shall be inapplicable along side lot lines that are coincident with or seaward of the shoreline. In lieu thereof, a waterfront yard shall be provided in accordance with the provisions of Section 62-332.

Rear yard regulations shall be inapplicable on waterfront zoning lots. In lieu thereof, a waterfront yard shall be provided along the entire length of the shoreline, bulkhead or stabilized natural shore, whichever is furthest landward. In addition, the following rules shall apply to the waterfront yard:

(a)        Depth of the waterfront yard

The required minimum depth of a waterfront yard is set forth in the following table. Column A sets forth districts where the minimum depth is 30 feet, and Column B sets forth districts where the minimum depth is 40 feet. Such minimum depths shall be measured from the landward edge of the bulkhead, landward edge of stabilized natural shore, or, in the case of natural shorelines, the mean high water line.

Where a platform projects from the shoreline, stabilized natural shore, or bulkhead (see illustration below of Waterfront Yard), such waterfront yard shall, in lieu of following the shore at that portion, continue along the water edge of such platform until it again intersects the shoreline, stabilized natural shore, or bulkhead, at which point it shall resume following the shoreline, stabilized natural shore, or bulkhead.

WATERFRONT YARD DEPTH FOR ALL DISTRICTS

The minimum depth set forth in the preceding table may be reduced at the following locations provided no waterfront yard is reduced to less than 10 feet:

(1)        Along those portions of the landward edge of stabilized shore, bulkhead, natural shoreline or along those portions of the water edge of a platform, having a lot dimension, measured perpendicular to and landward from such edge, that is less than 70 feet in the case of districts in Column A or 80 feet in the case of districts in Column B. For such shallow portions of lots, the minimum depth may be reduced by one foot for each foot that the lot dimension measured from such edge is less than 70 or 80 feet, as applicable.

(2)        Along those portions of the water edge of a platform having a dimension, measured perpendicular from such water edge to an opposite water edge that is less than 100 feet in the case of districts in Column A or 120 feet in the case of districts in Column B. For such narrow portions of platforms, the minimum depth along each opposite edge may be reduced by one-half foot for each foot that the platform dimension is less than 100 or 120 feet, as applicable.

(3)        Where a tidal wetland area is provided, the depth of the waterfront yard may be reduced by a foot for every foot of stabilized natural shore or intertidal planting area beyond the landward edge of the bulkhead, stabilized natural shore or shoreline up to seven feet. Such reduction in depth shall not extend along more than 30 percent of the shoreline of the waterfront zoning lot.

WATERFRONT YARD AT STABILIZED SHORELINE
(62-332a.1)

WATERFRONT YARD
(62-332a.2)

(b)        The level of the waterfront yard

The level of required waterfront yards shall not be higher than the elevation of the top of the adjoining existing bulkhead, existing stabilized natural shore or mean high water line, as applicable, except that natural grade level need not be disturbed in order to comply with this requirement.

The level of the portion of a waterfront yard on a platform shall not be more than three feet higher than the abutting level of the non-platformed portion of the waterfront yard, of which it is the continuation, except that the level of a platform existing on October 25, 1993 need not be altered in order to comply with this requirement.

However, the level of the waterfront yard may be modified as follows:

(1)        For zoning lots not required to provide waterfront public access areas pursuant to Section 62-52 (Applicability of Waterfront Public Access Area Requirements), the level of waterfront yards may be raised either to:

(i)        the flood-resistant construction elevation or six feet above shoreline, whichever is higher; or

(ii)        a higher elevation, provided that the waterfront yard complies with the applicable provisions of paragraph (b)(2) of this Section, depending on the condition of the shared lot line.

(2)        For zoning lots with required waterfront public access areas pursuant to Section 62-52, the level of waterfront yards may be raised to a higher elevation, provided that such elevated waterfront yard complies with the following provisions, depending on the condition of the adjacent zoning lot :

(i)        where a waterfront yard adjoins a street, public park, or waterfront public access area on an adjacent zoning lot, the level of the waterfront yard within 15 feet of the shared lot line shall not exceed three feet above the level of the adjoining street, public park or waterfront public access area, and the width of the circulation path at the lot line is greater than that required by paragraph (a) of Section 62-62 (Design Requirements for Shore Public Walkways and Supplemental Public Access Areas). However, the elevation of the required circulation path shall be no higher than the grade of the adjacent street, public park, or zoning lot at the lot line.

(ii)        where a waterfront yard does not adjoin a street, public park, or waterfront public access area on an adjacent zoning lot, the level of the waterfront yard at the shared lot line, may exceed the level of the adjacent zoning lot:

(a)        up to a maximum of six feet above the shoreline; or

(b)        to a level higher than six feet above the shoreline, where the Chairperson of the City Planning Commission certifies, pursuant to Section 62-811 (Waterfront public access and visual corridors) that:

(1)        the applicant has submitted a plan indicating the proposed level of the waterfront yard at the lot line of adjacent zoning lots and the level of such adjacent zoning lots adjacent to the waterfront yard; and

(2)        submitted proof of a legal instrument, executed by the fee owner of any zoning lot that is adjacent to the subject waterfront yard, and binding upon all necessary parties in interest, that the owner will develop a waterfront public access area with a grade that meets that of the adjacent zoning lots based on the proposed level of the subject waterfront yard as reflected in the submitted plan. Such legal instrument shall run with the land and shall be recorded against all affected parcels of land.

(c)        Permitted obstructions

No building or other structure shall be erected above the lowest level of a waterfront yard. Permitted obstructions in waterfront yards in all districts shall include permitted obstructions as listed in Sections 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) and 62-611, except that enclosed accessory off-street parking spaces and walls exceeding four feet in height shall not be permitted. Where any power systems, including, but not limited to, generators, solar energy systems, fuel cells, batteries and other energy storage systems, are located in a front yard, the entire width of the portion of such equipment facing a street, whether open or enclosed, shall be fully screened by vegetation.

In addition, the following rear yard obstructions shall not be permitted except when accessory to single- or two-family residences in detached, semi-detached or zero lot line buildings:

Balconies, unenclosed;

Greenhouses, non-commercial, accessory;

Parking spaces, off-street, open or enclosed, accessory;

Swimming pools, accessory;

Terraces or porches, open.

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 mean high water 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 62-342 and 62-343.

1. For the purposes of applying the height and setback regulations of this Section, the following provisions shall apply:
   1. Street lines
      
      For the purposes of paragraphs (c) and (d) of this Section and of paragraph (h) of Section 62-354, 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. Initial setback distance
      
      For the purposes of paragraph (c) of this Section, an initial setback distance shall be a horizontal distance measured for a depth of 15 feet from a narrow street line and 10 feet from a wide street line. However, an initial setback distance shall have a depth of 30 feet from the boundary of a shore public walkway. Wherever a supplemental public access area is provided as a widened shore public walkway, such widened area shall be included in the initial setback distance.
   3. 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. For buildings with pitched roofs, maximum building height shall be measured to the midpoint of such pitched roof, except for buildings subject to Section 23-631 (General provisions).
   4. Permitted obstructions
      
      The obstructions permitted pursuant to Sections 23-62, inclusive, 24-51, 33-42 or 43-42 and, where applicable, Sections 64-331, 64-332 or 64-432, shall apply. In addition, the following regulations regarding permitted obstructions shall apply:
      1. Within an initial setback distance, a dormer may exceed a maximum base height specified in Table A of this Section or penetrate a required setback area above a maximum base height specified in paragraph (d) of this Section, provided that such dormer complies with the provisions of paragraph (c)(1) of Section 23-623.
      2. A penthouse portion of a building shall be permitted to exceed the applicable maximum building height, specified in Table A, by not more than 40 feet, only if the gross area of any story within such portion has a lot coverage of at least 50 percent and not more than 85 percent of the highest story that is located entirely below the maximum building height. Such reduced lot coverage shall be achieved by one or more setbacks on each face of the penthouse portion, where at least one setback on each face has a depth of at least four feet and a width that, individually or in the aggregate, is equal to at least 10 percent of the width of such respective face. For the purposes of this paragraph, (a)(4)(ii), the penthouse portion shall have four faces, with each face being the side of the rectangle within which the outermost walls of the highest story located entirely below the maximum building height have been inscribed. The required setbacks shall be measured from the outermost walls of the building facing each penthouse portion face. Required setback areas may overlap.
      3. Wind energy systems
         
         Regulations governing wind energy systems are modified pursuant to this paragraph, (a)(4)(iii).
         
         In R6 through R10 Districts, Commercial Districts, other than C1 or C2 Districts mapped within R1 through R5 Districts and C4-1 and C8-1 Districts, and 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.
         
         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.
         
         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.
2. Lower density districts
   
   R1 R2 R3 R4 R5 C3 C4-1 C8-1 M1-1
   
   In the districts indicated, and in C1 and C2 Districts mapped within such Residence Districts, the underlying district height and setback regulations are applicable or modified as follows:
   1. Buildings containing residences
      1. In R1 and R2 Districts, and in Commercial Districts governed by the bulk regulations of such Residence Districts, the underlying height and setback regulations shall not apply. In lieu thereof, no building containing residences, except for a predominantly community facility building, shall exceed a height of 35 feet.
      2. In R3, R4 and R5 Districts, and in Commercial Districts governed by the bulk regulations of such Residence Districts, the underlying height and setback regulations for buildings containing residences shall apply, except for predominantly community facility buildings.
   2. Predominantly community facility buildings
      
      The underlying height and setback regulations shall not apply. In lieu thereof, any portion of a predominantly community facility building that exceeds a height of 35 feet shall be set back at least 25 feet from a front yard line or street line, where applicable, and no portion of such building shall exceed a height of 60 feet. However, within a large-scale community facility development, for portions of a building that are located at least 100 feet from a street line and, on a waterfront zoning lot, 100 feet from a waterfront yard, the maximum height shall not exceed 100 feet.
   3. Buildings containing commercial uses
      
      The underlying height and setback regulations for commercial uses are modified as follows: no building containing commercial uses shall exceed a height of 30 feet, except for mixed buildings as set forth in paragraph (b)(1) of this Section or predominantly community facility buildings as set forth in paragraph (b)(2) of this Section.
   4. Other structures
      
      All structures other than buildings shall be limited to a height of 35 feet, except that in C4-1, C8-1 and M1-1 Districts, freestanding wind energy systems shall be permitted to a height of 85 feet, as measured from the base plane to the highest point of the wind turbine assembly.
3. Medium and high density non-contextual districts
   
   R6 R7 R8 R9 R10
   
   C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C4-2 C4-3 C4-4 C4-5 C4-6 C4-7 C5 C6 C8-2 C8-3 C8-4
   
   M1-2 M1-3 M1-4 M1-5 M1-6 M2 M3
   
   Except for medium and high density contextual districts listed in paragraph (d) of this Section, in the districts indicated, and in C1 and C2 Districts mapped within such Residence Districts, the underlying height and setback regulations shall not apply. In lieu thereof, the height and setback regulations set forth in this Section shall apply.
   1. Maximum base height
      
      Except for dormers permitted in accordance with paragraph (a)(4)(i) of this Section, the height of a building or other structure or portion thereof located within an initial setback distance may not exceed the maximum base height specified in Table A of this Section
   2. Maximum building height
      
      Except for penthouses permitted in accordance with paragraph (a)(4)(ii) of this Section, the height of a building or other structure or portion thereof may not exceed the maximum building height specified in Table A.
   3. Floor area distribution
      
      Zoning lots with buildings that exceed the maximum base height listed in Table A shall have a minimum floor area coverage comprising at least 30 percent of the lot area at a height of 20 feet. For the purposes of determining this requirement, the lot area of waterfront zoning lots shall be deemed to be the area of the zoning lot landward of the shoreline. In the event the site plan involves construction on only a portion of the zoning lot, sufficient calculations shall be provided to show that such partial construction does not preclude compliance with the minimum floor area coverage requirements of this Section at the time the site is fully developed.
   4. Maximum residential tower size
      
      Each residential story of a building located entirely above the maximum base height specified in Table A shall not exceed a gross area of 7,000 square feet on zoning lots less than 1.5 acres, and 8,100 square feet on larger zoning lots. On all zoning lots, dormers permitted within an initial setback distance in accordance with the provisions of paragraph (a)(4)(i) of this Section shall not be included in such gross area.
   5. Maximum width of walls facing shoreline
      
      The maximum width of any story of a building that faces a shoreline and is entirely above the maximum base height specified in Table A shall not exceed 100 feet. Such width shall be measured by inscribing within a rectangle the outermost walls at the level of each story entirely above the maximum base height. Any side of such rectangle from which perpendicular lines may be drawn to a shoreline, regardless of any intervening structures, properties or streets, shall not exceed 100 feet. (See illustration).
   6. Ground floor streetscape provisions
      
      For the purposes of this Section, “ground floor level” shall mean the floor of a building, the level of which is located within five feet of the finished level of the adjacent sidewalk.
      
      For street walls that are more than 50 feet in width and within 50 feet of a waterfront public access area or street, the following rules shall apply:
      1. at least 50 percent of the width of such street walls shall be occupied by floor area at the ground floor level; and
      2. where such street walls do not contain windows with sill levels lower than four feet above the adjacent sidewalk for a continuous distance of at least 30 feet, such street walls shall be articulated with rustication or decorative grills, or screened with plant material, to a minimum height of four feet.

Parking garages that occupy the ground floor frontage along any street or private drive which is also an upland connection shall be screened in accordance with the planting requirements of paragraph (a)(7)(iii) of Section 62-655.

TABLE A

HEIGHT AND SETBACK FOR ALL BUILDINGS AND OTHER STRUCTURES IN
MEDIUM AND HIGH DENSITY NON-CONTEXTUAL DISTRICTS*

------

^*        For predominantly community facility buildings, the applicable regulations shall be determined from Table B of this Section

TABLE B

APPLICABLE HEIGHT AND SETBACK REGULATIONS FOR PREDOMINANTLY COMMUNITY FACILITY BUILDINGS

1. Medium and high density contextual districts
   
   R6A R6B R7A R7B R7D R7X R8A R8B R8X R9A R9X R10A
   
   C1-6A C1-7A C1-8A C1-8X C1-9A C2-6A C2-7A C2-7X C2-8A C4-2A C4-3A C4-4A C4-4L C4-5A C4-5D C4-5X C4-6A C4-7A C5-1A C5-2A C6-2A C6-3A C6-4A
   
   In the districts indicated, and in C1 and C2 Districts mapped within such Residence Districts, the height and setback regulations of Section 23-662 shall apply. For Commercial Districts, the applicable Residence District within which such Commercial District is mapped, or the applicable residential equivalent set forth in the tables in Section 35-23 (Residential Bulk Regulations in Other C1 or C2 Districts or in C3, C4, C5 or C6 Districts) shall be used in applying such provisions. In addition, in all applicable districts, for buildings meeting the criteria set forth in paragraph (a) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), the height and setback provisions of paragraph (b) of Section 23-664 shall apply. Separate maximum building heights are set forth in Sections 23-662 and 23-664 for Quality Housing buildings with qualifying ground floors and for those with non-qualifying ground floors.

MAXIMUM WIDTH OF BUILDING WALL FACING SHORELINE
(62-341d.1)

DORMER
(62-341d.2)

1. C7 Districts and Manufacturing Districts with an A suffix
   
   In the districts indicated, the height and setback regulations of Section 33-46 (Height and Setback Provisions for C7 Districts) shall apply.

In all districts, the underlying height and setback regulations shall be inapplicable to developments on piers. In lieu thereof, the provisions of this Section shall apply.

The base plane of a pier shall be the elevation of the finished surface of the pier, below which no portion of a building or other structure penetrates, except for the supporting structure, plumbing or utility lines. In the event portions of a pier have different surface elevations, the surface elevation of at least 50 percent of the pier shall be used to establish the base plane.

The height of all buildings or other structures on piers shall be measured from the base plane. For buildings with pitched roofs, maximum building height shall be measured to the midpoint of such pitched roof.

The obstructions permitted pursuant to Sections 23-62, 24-51, 33-42 or 43-42 shall apply. In addition, a dormer may penetrate a required setback area above a height of 30 feet provided the aggregate width of dormers on any given building wall does not exceed 50 percent of the width of such building wall.

(a)        Height and setback regulations on piers

The height of a building or other structure on a pier shall not exceed 30 feet. However, where a setback at least 15 feet deep is provided, the maximum height of a building or other structure shall be 40 feet. Such required setback shall be provided at a minimum height of 25 feet and a maximum height of 30 feet, and may be reduced to 10 feet in depth along any portion of the building or other structure fronting on an open area of the pier having a dimension of at least 40 feet measured perpendicular to such fronting portion. In addition, wind energy systems shall be allowed, provided such a system does not exceed a height of 85 feet, as measured from the base plane to the highest point of the wind turbine assembly or, when located above a roof of the building, a height of 55 feet, as measured to the highest point of the wind turbine assembly, whichever is higher.

(b)        Building width and spacing regulations on piers

The maximum length or width of any building or other structure on a pier shall be 200 feet. The provisions of Section 23-70 (MINIMUM REQUIRED DISTANCE BETWEEN TWO OR MORE BUILDINGS ON A SINGLE ZONING LOT) shall be inapplicable on piers. In lieu thereof, the minimum distance on a pier between any two buildings or other structures that do not abut shall be 100 feet. However, such limitations shall not apply to any building or other structure, no portion of which exceeds 30 feet in height.

Permitted obstructions above the base plane within such required open areas between buildings or other structures shall be limited to those allowed above the lowest level of a visual corridor pursuant to Section 62-513 (Permitted obstructions in visual corridors), except that freestanding accessory buildings or other structures shall also be permitted provided they do not exceed a height of 30 feet and a total area, in aggregate, of 900 square feet. A minimum spacing of 15 feet shall be provided between such accessory buildings or other structures and any other building or other structure on the pier.

(c)        Modification of pier bulk regulations

Modification of the regulations of this Section involving the height and setback or width and spacing of buildings or other structures on piers shall only be allowed by special permit of the City Planning Commission pursuant to Section 62-835 (Developments on piers or platforms), 74-711 (Landmark preservation in all districts) or 74-79 (Transfer of Development Rights From Landmark Sites).

In all districts, the underlying height and setback regulations shall be inapplicable to developments on floating structures, except for WD uses in C8 and Manufacturing Districts. In lieu thereof, the provisions of this Section shall apply.

Base plane shall be inapplicable for floating structures. Height shall be measured from the water line of the floating structure to the highest point of the roof or uppermost open deck. However, the following obstructions are permitted to penetrate a height limit:

Chimneys, flues or stacks;

Flagpoles, aerials or masts;

Parapet walls or safety enclosures, not more than four feet high; and

Wire, chain link or other transparent fences.

Developments permitted as-of-right pursuant to Section 62-25 shall not exceed a height of 23 feet. Developments on floating structures pursuant to the special permit provisions of Section 62-834 shall not exceed the height limits set forth in Column A of the table in this Section, except for navigational vessels being repurposed as floating structures in accordance with such special permit provisions. Such repurposed vessels shall be subject to the height limits set forth in Column B of the table.

HEIGHT LIMITS FOR FLOATING STRUCTURES

(a)        Maximum permitted floor area ratio

In R6 Districts, the maximum permitted floor area ratio for any zoning lot containing residences shall be 2.43.

In R7-3 Districts, the maximum permitted floor area ratio for any zoning lot containing residences shall be 3.75.

In R8 Districts, the maximum permitted floor area ratio for any zoning lot containing residences shall be 4.88.

In R6, R7-3 and R8 Districts, the maximum permitted floor area ratio for any zoning lot containing residences may be increased for developments and enlargements that provide affordable housing pursuant to Section 62-352 (Inclusionary Housing).

(b)        Buildings used for accessory off-street parking spaces

Within Waterfront Access Plan BK-1, the floor area of a building shall not include floor space used for accessory off-street parking spaces provided in any story located not more than 33 feet above the height of the base plane.

(c)        Special regulations for Parcels 4 and 5e within Waterfront Access Plan BK-1

On Parcels 4 and 5e within Waterfront Access Plan BK-1, in the event that a property is developed as a public park, such property shall continue to be considered part of a zoning lot for the purposes of generating residential floor area based on the residential floor area ratio applicable to the property prior to its development as a public park. In no event shall the floor area generated by the property developed as a public park be utilized within the public park, but may be utilized pursuant to Section 62-353 (Special floor area, lot coverage and residential density distribution regulations). Floor space within any structure constructed pursuant to an agreement with the Department of Parks and Recreation within such public park shall be exempt from the definition of floor area.

(d)        Special regulations for Parcel 5d within Waterfront Access Plan BK-1

On Parcel 5d within Waterfront Access Plan BK-1, up to 120,000 square feet of floor space within a public school, constructed in whole or in part pursuant to agreement with the New York City School Construction Authority and subject to the jurisdiction of the New York City Department of Education, shall be exempt from the definition of floor area and from lot coverage requirements for the purposes of calculating the permitted floor area ratio and lot coverage for community facility uses and the maximum floor area ratio and total permitted lot coverage of the zoning lot.

The provisions of Section 23-90 (INCLUSIONARY HOUSING), inclusive, shall apply in Inclusionary Housing designated areas on waterfront blocks in Community District 1, Borough of Brooklyn, as modified in this Section.

(a)        Definitions

For the purposes of this Section, matter in italics is defined in Sections 12-10 or 23-911 (General definitions).

(b)        Floor area compensation

(1)        For zoning lots located in R8 Districts, or located partially in R8 Districts and partially in R6 Districts, the maximum permitted floor area ratio on such zoning lots may be increased in R6 Districts from 2.43 to 2.75, and in R8 Districts from 4.88 to 6.5; and for zoning lots located in R7-3 Districts, the maximum permitted floor area ratio on such zoning lots may be increased from 3.75 to 5.0, provided that:

(i)        the amount of low income floor area is equal to at least 20 percent of the total floor area, exclusive of ground floor non-residential floor area, on the zoning lot; or

(ii)        the amount of low income floor area is equal to at least 10 percent of the total floor area, exclusive of ground floor non-residential floor area, on the zoning lot, and the moderate income floor area is equal to at least 15 percent of the total floor area, exclusive of ground floor non-residential floor area, on the zoning lot.

(2)        For zoning lots located entirely within R6 Districts, the maximum permitted floor area ratio may be increased from 2.43 to 2.75, provided that:

(i)        the amount of low income floor area is equal to at least 7.5 percent of the total floor area, exclusive of ground floor non-residential floor area, on the zoning lot; or

(ii)        the amount of low income floor area is equal to at least five percent of the total floor area, exclusive of ground floor non-residential floor area, on the zoning lot, and the amount of moderate income floor area is equal to at least five percent of the total floor area, exclusive of ground floor non-residential floor area, on the zoning lot.

(3)        For zoning lots containing residences in R8 or C6-2 Districts, within a large-scale general development that is located in or partially within a C6 District, the floor area of a zoning lot may not exceed the base floor area ratio of 4.88, except that such floor area may be increased on a compensated zoning lot by 1.25 square feet for each square foot of low income floor area provided, or by 0.833 square feet for each square foot of moderate income floor area provided, up to a maximum floor area ratio of 6.5, provided that for each square foot of floor area compensation for moderate income floor area, there is one square foot of floor area compensation for low income floor area.

However, to receive such floor area increase, the amount of low income floor area plus two-thirds of the amount of moderate income floor area need not exceed 20 percent of the total floor area on all zoning lots in R8 or C6-2 Districts within the large-scale general development, exclusive of ground floor non-residential floor area, floor area within a school and floor area within a non-residential building that is vacant above the ground floor.

For the purposes of the calculations in this paragraph (b)(3), inclusive, an amount of moderate income floor area not exceeding 50,000 square feet may be considered low income floor area.

For the purposes of this paragraph (b), inclusive, low income floor area may be considered moderate income floor area.

Any zoning lot located entirely within an R6 District that, in conjunction with a zoning lot located partially or entirely within an R8 District, utilizes a distribution of floor area, lot coverage or residential density without regard to zoning lot lines or district boundaries pursuant to Section 62-353 (Special floor area, lot coverage and residential density distribution regulations), shall comply with the provisions of paragraph (b)(1) of this Section.

(c)        Permits and certificates of occupancy

The requirements of paragraphs (a) and (b) of Section 23-953 (Additional requirements for compensated developments and MIH developments) shall be modified as follows:

No building permit for any portion of the compensated development that utilizes floor area compensation pursuant to paragraph (b) of this Section, or is located on any story that utilizes the increased height for developments that provide Inclusionary Housing as set forth in paragraph (b)(2) of Section 62-354 (Special height and setback regulations) shall be issued until HPD has issued a permit notice with respect to the affordable housing that generates such floor area compensation.

No temporary or permanent certificate of occupancy shall be issued for any portion of the compensated development that utilizes floor area compensation pursuant to paragraph (b) of this Section, or is located on any story that utilizes the increased height for developments that provide Inclusionary Housing as set forth in paragraph (b)(2) of Section 62-354, until HPD has issued a completion notice with respect to the affordable housing.

Within any parcel identified in Section 62-931 (Waterfront Access Plan BK1: Greenpoint-Williamsburg), and with respect to any such parcels that are adjacent to each other and that are under single-fee ownership and with respect to which each party having any interest therein is a party in interest (as defined in paragraph (e) of the definition of a zoning lot in Section 12-10) or with respect to which each party in interest (as defined in paragraph (f)(4) of the definition of a zoning lot in Section 12-10) has executed a declaration declaring that the properties are to be developed as a single parcel or has waived its right to execute such declaration, the total lot coverage permitted pursuant to Section 62-322, the total floor area permitted pursuant to Sections 62-351 or 62-352 and the residential density permitted pursuant to Section 23-22, may be located anywhere within such parcel or between such parcels without regard to zoning lot lines or district boundaries provided that such location of floor area, lot coverage or residential density complies with Sections 62-31 (Bulk Computations on Waterfront Lots) and 62-34 (Height and Setback Regulations on Waterfront Blocks), as modified by Section 62-354 (Special height and setback regulations).

Within Waterfront Access Plan BK-1, the provisions of Section 62-341 (Developments on land and platforms) are modified, as follows:

(a)        Paragraph (c)(1) (Maximum base height) shall be modified in R6 Districts to permit a maximum base height of 65 feet or six stories, whichever is less. However, for buildings or other structures located on a zoning lot with more than 100 feet of frontage on a street in an R6 District, at least 20 percent of such frontage shall not exceed a maximum base height of 55 feet or five stories, whichever is less.

(b)        Paragraph (c)(2) (Maximum building height) shall not apply. In lieu thereof, the provisions of this paragraph, (b), shall apply:

(1)        The maximum building height in an R6 District shall be 65 feet or six stories, whichever is less, within 100 feet of Commercial Street, West Street, Dupont Street, Franklin Street and Kent Avenue. Beyond 100 feet of such streets and any other portions of an R6 District, the maximum building height shall be 110 feet. In R8 Districts, the maximum building height shall be 190 feet, except that for zoning lots developed with multiple buildings or portions of buildings that exceed a height of 180 feet, not more than half of such buildings or portions of buildings may exceed a height of 190 feet, to a maximum building height of 290 feet. Such maximum building heights of 110 feet, 190 feet and 290 feet may be exceeded by a penthouse portion of a building, pursuant to the provisions of paragraph (b)(3) of this Section.

(2)        For developments that provide affordable housing pursuant to Section 62-352 (Inclusionary Housing), the increased floor area permitted for such developments may exceed the height limits of an R8 District set forth in paragraph (b) of this Section, provided that the maximum building height shall be 260 feet, except that for zoning lots developed with multiple buildings or portions of buildings that exceed a height of 200 feet, not more than half of such buildings or portions of buildings may exceed a height of 260 feet to a maximum building height of 360 feet. Such maximum building heights of 260 feet and 360 feet may be exceeded by a penthouse portion of a building, pursuant to the provisions of paragraph (b)(3) of this Section.

(3)        The maximum building height may be exceeded by a penthouse portion of a building with a height of not more than 40 feet, only if the gross area of any story within such portion has a lot coverage of at least 50 percent and not more than 85 percent of the highest story that is located entirely below the applicable maximum building height. Such reduced lot coverage shall be achieved by one or more setbacks on each face of the penthouse portion, where at least one setback on each face has a depth of at least four feet and a width that, individually or in the aggregate, is equal to at least 10 percent of the width of such respective face. For the purposes of paragraphs (b)(1) and (b)(2) of this Section, the penthouse portion shall have four faces, with each face being the side of the rectangle within which the outermost walls of the highest story located entirely below the maximum building height have been inscribed. The required setbacks shall be measured from the outermost walls of the building facing each penthouse portion face. Required setback areas may overlap.

(c)        Paragraph (c)(3) (Floor area distribution) shall not apply.

(d)        Paragraph (c)(4) (Maximum residential tower size) shall not apply. In lieu thereof, each residential story of a building located entirely above a height of 85 feet shall not exceed a gross area of 8,100 square feet in an R6 District and 11,000 square feet in an R8 District. However, in R8 Districts, for buildings where at least 20 percent of the total floor area is comprised of affordable housing pursuant to Section 62-352, each residential story of such building located entirely above a height of 100 feet shall not exceed a gross area of 11,000 square feet. If such residential story of a building is located partially in an R6 District and partially in an R8 District, it shall not exceed a gross area of 11,000 square feet and any portion located in an R6 District shall not exceed a gross area of 8,100 square feet.

(e)        Paragraph (c)(5) (Maximum width of walls facing shoreline) shall not apply. In lieu thereof, the outermost walls of each story located entirely above a height of 85 feet shall be inscribed within a rectangle. The maximum length of any side of such rectangle that is parallel or within 45 degrees of being parallel to Kent Avenue, West Street or Commercial Street, whichever is closest, shall not exceed 110 feet. The maximum length of any other side of such rectangle shall not exceed 170 feet, except that for buildings where at least 20 percent of the total floor area is comprised of affordable housing pursuant to Section 62-352, such maximum length of 170 feet shall apply above a height of 100 feet.

(f)        Paragraph (c)(6) (Ground floor streetscape provisions) shall not apply. In lieu thereof, all off-street parking spaces located within 50 feet of a street, a visual corridor containing a private road and a shore public walkway, upland connection or supplemental public access area and which are located on a story that is above the base plane, shall be within facilities that are located behind commercial, community facility or residential floor space so that no portion of such parking facility, other than entrances and exits, is visible from such streets, visual corridors or publicly accessible open spaces. Such floor space shall have a minimum depth of 25 feet. Up to five percent of such floor space may be used for mechanical equipment provided that no floor space used for mechanical equipment is located within 15 feet of the street wall of the building below a height of 15 feet above the base plane, and that no exhaust vents are located on the street wall of the building below a height of 15 feet above the base plane. The remainder of such floor space shall be used for commercial, community facility or residential floor area. Seventy percent of the surface area of the facade of a facility containing parking spaces, which are not otherwise required to be behind such floor area, shall be composed of the same materials as the facade of the building in which it is located.

(g)        Any roof of a facility containing off-street parking spaces, not otherwise covered by a building, which is larger than 400 square feet, shall be landscaped. Up to five percent of such roof area may be used for mechanical equipment, provided that such mechanical equipment is screened from view by a fence which is at least 75 percent opaque or by at least three feet of dense planting. Up to 25 percent of such roof area may be accessible solely from an adjacent dwelling unit and the remaining roof area shall be accessible for the recreational use of the occupants of the building in which it is located. Hard surfaced areas shall not cover more than 60 percent of such roof area.

(h)        At least 70 percent of the width of the street wall of a building or buildings fronting on a portion of a street, upland connection or visual corridor that is not adjacent to a shore public walkway or supplemental public access area shall be located within eight feet of such street line and extend to a minimum height of 30 feet.

(i)        In addition to the applicable underlying street tree planting requirements, all extensions which increase the existing floor area by more than 10 percent, shall provide street trees in accordance with Section 26-41.

(j)        On Parcel 5d, the provisions of paragraphs (c)(1) and (c)(2) shall be modified for public schools constructed in whole or in part pursuant to an agreement with the New York City School Construction Authority and subject to the jurisdiction of the New York City Department of Education, as follows:

(1)        the maximum base height provisions of paragraph (c)(1) shall not apply; and

(2)        the maximum building height provisions of paragraph (c)(2) shall be modified to permit a maximum building height of 100 feet or six stories, whichever is less.

On Parcel 5d within Waterfront Access Plan BK-1, the yard provisions of Section 24-36 (Minimum Required Rear Yards) shall not apply to public schools constructed in whole or in part pursuant to an agreement with the New York City School Construction Authority and subject to the jurisdiction of the New York City Department of Education.

On Parcel 12b within Waterfront Access Plan BK-1 in Section 62-931, any lot line that coincides with the boundary of a public park shall be considered to be a street line of a wide street for the purposes of applying all bulk regulations of this Resolution, except that the provisions of paragraphs (g) and (h) of Section 62-354 (Special height and setback regulations) shall not apply.

In lieu thereof, the street wall of any building fronting on a lot line that coincides with the boundary of a public park shall be located at least eight feet from such lot line, except that any portion of a building containing a legally required window shall be located at least 28 feet from such lot line. No balconies shall be permitted on any street wall of such building facing a public park.

In addition, a wall, or if a wall is prohibited by the New York City Building Code, a fence, shall be provided along the lot line that coincides with the boundary of a public park. Such wall or fence shall be a minimum of six feet in height, except that any portion of such wall or fence facing a ground floor level commercial use in a building shall be a minimum of 10 feet in height. However, if the Commissioner of Buildings determines that such wall or fence located in a Residence District is subject to the provisions of Building Code Section 3112.1, exceptions (2) or (3), such wall or fence shall be a minimum of eight feet in height along the boundary of a public park.

At least 90 percent of the width of the street wall of a building or buildings fronting on Kent Street shall be located within eight feet of the street line and extend to a minimum height of 30 feet.

On waterfront blocks, parking spaces accessory to residential uses may be located on the roof of a building, or portion thereof, that does not contain dwelling units or rooming units, provided that:

(a)        the roof level is not higher than 23 feet above the base plane;

(b)        the perimeter of the roof is enclosed by a four foot high parapet wall or other enclosure at least 50 percent opaque;

(c)        trees are provided in accordance with Section 62-655 (Planting and trees) at the rate of one tree for each 10 parking spaces for parking areas at grade;

(d)        if on the roof of a portion of a building containing dwelling units or rooming units, the sill level of any dwelling unit or rooming unit windows opening onto such roof area is at least 10 feet above the roof and no parking spaces or vehicular aisles are located within 10 feet of a wall with dwelling unit or rooming unit windows; and

(e)        no flood lighting shall be permitted and any lighting shall be directed away from any residential windows on the same or an adjacent zoning lot.

For developments on waterfront blocks, the provisions of Sections 25-52 and 36-42 (Off-site Spaces for Residences) shall be modified so as to permit all permitted or required accessory spaces to be located on a separate zoning lot, provided that:

(a)        such off-site facility is not located in an R1, R2, R2X, R3-1, R3A, R3X, R4-1, R4A or R4B District;

(b)        if such off-site facility is located in other R3, R4 or R5 Districts, such off-site facility is contiguous or would be contiguous except for its separation by a street or street intersection to the zoning lot occupied by the residences to which the spaces are accessory;

(c)        if such off-site facility is located in other than a R3, R4 or R5 District, all parking spaces shall not be further than 1,000 feet from the nearest boundary of the zoning lot occupied by the residences to which they are accessory;

(d)        in R3, R4 and R5 Districts, such off-site facility shall be an open lot not exceeding 12,000 square feet. In other districts, parking structures shall be permitted and the maximum size of the facility shall be governed by the provisions of Sections 25-12 and 36-12 (Maximum Size of Accessory Group Parking Facilities);

(e)        in Residence Districts, no parking spaces are located within a required front yard or within four feet of any lot line. Front yards shall be planted and screening shall be provided along any lot lines in accordance with Section 62-655 (Planting and trees);

(f)        in all districts, lighting shall be directed away from adjoining buildings containing residences. In no event shall flood lighting be permitted for off-site facilities in Residence Districts; and

(g)        in all districts, trees shall be provided in accordance with Section 62-655 at the rate of one tree for each 10 parking spaces for on-site facilities within a waterfront block.

On waterfront blocks, parking spaces accessory to non-residential uses may be located on the roof of a non-residential building or a non-residential portion of a building containing residential use, provided that they comply with Section 62-411 (Accessory residential roof parking), paragraphs (a) through (e).

For developments on waterfront blocks, the provisions of Sections 36-43 (Off-site Spaces for Commercial or Community Facility Uses) and 44-32 (Off-site Spaces for All Permitted Uses) shall be modified to permit such spaces to be within 1,000 feet of the zoning lot to which they are accessory.

No accessory parking spaces shall be located on a floating structure except in conjunction with a special permit pursuant to Section 62-834 (Uses on floating structures).

Notwithstanding the provisions of Section 12-10 (DEFINITIONS), a public parking garage or public parking lot may include permitted or required accessory off-street parking spaces which are accessory to uses on a separate zoning lot, provided that:

(a)        the uses to which they are accessory are on a zoning lot within a waterfront block;

(b)        the entrance to the facility is not further than 1,000 feet from the nearest boundary of the zoning lot occupied by the uses to which it is accessory; and

(c)        the ownership requirement for such accessory off-street parking spaces is satisfied by an interest commensurate with the interest of the principal use.

Whenever accessory parking spaces are provided off-site within a public parking facility, the number of spaces and the use to which they are accessory shall be recorded on the certificates of occupancy for both the principal use and the public parking facility.

1. Open parking areas on waterfront blocks shall be screened from all adjoining zoning lots pursuant to Section 62-655 (Planting and trees), paragraph (a)(7)(iii), or from a street or an upland connection pursuant to Section 37-921 (Perimeter landscaping). Screening may be interrupted only by vehicular or pedestrian entrances.
2. All parking garages that occupy the ground floor frontage along any street or upland connection shall be screened in accordance with the planting requirements of Section 62-655.
3. For parking garages on piers, at least 50 percent of the perimeter wall area on all sides fronting on public access areas, up to a height of 15 feet, shall consist of clear or lightly tinted transparent material or latticework.
4. The screening requirements shall not apply to accessory parking for WD uses or other uses listed under Use Groups IV(B), IX or X, when located in C8 or Manufacturing Districts, except as set forth in the applicable district regulations.

For large-scale general developments within the Hallets Point Peninsula in Community District 1, in the Borough of Queens, floor area shall not include floor space used for off-street parking spaces provided in any story located not more than 33 feet above the base plane, provided that where such facilities front upon streets and waterfront public access areas, such spaces are within facilities that are located behind commercial, community facility or residential floor space so that no portion of such parking facility, other than entrances and exits, is visible from such street or waterfront public access areas. Such floor space shall have a minimum depth of 18 feet.

All open off-street loading berths on waterfront blocks shall be screened from all adjoining zoning lots, including such zoning lots situated across a street and from all public access areas on the zoning lot pursuant to Section 62-655 (Planting and trees). Screening may be interrupted only by vehicular or pedestrian entrances.

The screening requirement shall not apply to accessory loading berths for WD uses or other uses in Use Groups 16, 17 or 18, when located in C8 or Manufacturing Districts, except as set forth in the applicable district regulations.

All developments providing new docking facilities serving ferries, sightseeing, excursion, sport fishing or passenger ocean vessels, shall provide an area for the drop-off and pick-up of passengers by car, taxi, van and bus as shown in the table in this Section. Such area shall be located on the zoning lot or on another zoning lot in the same or an adjoining Commercial or Manufacturing District, which is contiguous to the zoning lot occupied by the docking facility, or would be contiguous except for its separation by a street or street intersection.

Such area shall be accessed by a one-way driveway at least 15 feet wide with separate entranceways and exits located at least 50 feet apart on the same street or located on separate streets, provided that no entrance or exit is less than 50 feet from a street intersection.

Such area, which may include the driveway on the zoning lot, shall be large enough to accommodate the number of vehicles required by the following table, based on a dimensional allowance of 10 feet by 20 feet for cars, taxis and vans and 12 feet by 50 feet for buses.

The Commissioners of Buildings or Business Services, as applicable, may accept an equivalent lay-by area on a portion of a street adjoining the zoning lot, if such street treatment and drop-off area is approved by the Department of Transportation.

REQUIRED DROP-OFF AND PICK-UP SPACES FOR VARIOUS DOCKING FACILITIES

^*        Capacity of the largest vessel using a dock. Capacity of a vessel is its U.S. Coast Guard certified capacity. For ferries, the N.Y.C. Department of Transportation operating permit capacity may be used as the vessel capacity

^**        Includes cars, taxis and vans