ToC
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.

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