74-965

Conditions

In Industrial Business Incentive Areas, applications for floor area increases pursuant to Section 74-963 (Permitted floor area increase) and modifications pursuant to Section 74-964 (Modifications in conjunction with a floor area increase), are subject to the following conditions:

(a)        Minimum amount of required industrial uses

Required industrial uses shall occupy a minimum of 5,000 square feet of horizontally contiguous floor area of 5,000 square feet in Industrial Business Incentive Area 1, and 2,500 square feet in Industrial Business Incentive Area 2, and shall be served by loading areas and freight elevators with sufficient capacity.

(b)        Minimum sidewalk width

In all Industrial Business Incentive areas, all developments and horizontal enlargements that front upon a street line shall provide a sidewalk with a minimum width of 15 feet along the entire frontage of the zoning lot. Such sidewalk, and any open area on the zoning lot required to meet such minimum width shall be improved as a sidewalk to Department of Transportation standards; shall be at the same level as the adjoining public sidewalk; and shall be accessible to the public at all times.

(c)        Yards

In all Industrial Business Incentive Areas, the rear yard regulations set forth in Section 43-20 (YARD REGULATIONS), inclusive, shall not apply to any development or enlargement on a through lot or the through lot portion of a zoning lot.

(d)        Height and setback

In Industrial Business Incentive Area 1, the street wall location requirements and height and setback regulations of this paragraph shall apply to any development or enlargement. For the purposes of applying the provisions of this paragraph, any sidewalk widening line provided pursuant to the minimum sidewalk width requirement of paragraph (b) shall be considered the street line. All heights shall be measured from the base plane.

(1)        The street wall of any building shall be located on the street line and shall extend to a height not lower than a minimum base height of 40 feet and not higher than a maximum base height of 75 feet or the height of the building, whichever is less. At least 70 percent of the aggregate width of such street wall below 12 feet shall be located at the street line and no less than 70 percent of the aggregate area of the street wall up to the base height shall be located at the street line. However, up to a width of 130 feet of such street wall located on the short end of the block may be set back from the street line to accommodate a publicly accessible open space provided pursuant to paragraph (f) of this Section.

(2)        The height of a building or other structure, or portion thereof, located within 10 feet of a wide street or within 15 feet of a narrow street shall not exceed a maximum base height of 75 feet. Permitted obstructions as set forth in Section 43-42 shall be modified to include dormers above the maximum base height within the front setback area, provided that on any street frontage, the aggregate width of all dormers at the maximum base height does not exceed 50 percent of the street wall and a maximum height of 110 feet. Beyond 10 feet of a wide street and 15 feet of a narrow street, the height of a building or other structure shall not exceed a maximum building height of 110 feet. Where a publicly accessible open space is provided pursuant to paragraph (f) of this Section, such maximum building height may be increased to 135 feet.

(3)        Along the short dimension of a block, up to 130 feet of such street wall may be set back from the street line to accommodate a publicly accessible open space provided pursuant to paragraph (f) of this Section, and a street wall located at the street line that occupies not more than 40 percent of the short end of the block may rise without setback to the maximum building height.

(e)        Ground floor design

In all Industrial Business Incentive Areas the ground floor level street walls, and ground floor level walls fronting on a publicly accessible open space of a development or horizontal enlargement provided pursuant to paragraph (f) of this Section, shall be glazed in accordance with the provisions of Section 37-34 (Minimum Transparency Requirements). The ground floor transparency requirements of this paragraph (e) shall not apply to uses listed in Use Groups 11, 16, 17 and 18, provided that any portion of the ground floor level street wall without transparency shall be subject to the provisions for Type 1 blank walls set forth in Section 37-361 (Blank wall thresholds), and any street wall exceeding the particular thresholds set forth in such Section shall provide visual mitigation elements in accordance with the provisions of paragraphs (a) or (b)(1) of Section 37-362 (Mitigation elements).

(f)        Publicly accessible open space

In Industrial Business Incentive Area 1, a publicly accessible open space shall be provided where the additional building height provision of paragraph (d)(2) of this Section is used. Such publicly accessible open space shall contain an area of not less than 12 percent of the lot area of the zoning lot and a minimum of at least 2,000 square feet in area. In addition, such publicly accessible open space shall comply with the provisions set forth in Section 37-70 (PUBLIC PLAZAS), inclusive, except that certification requirements of Sections 37-73 (Kiosks and Open Air Cafes) and 37-78 (Compliance) shall not apply.

(g)        Signs

In all Industrial Business Incentive Areas, the following shall apply:

(1)        Signs shall be subject to the regulations applicable in C6-4 Districts as set forth in Section 32-60 (SIGN REGULATIONS), inclusive. Information signs provided pursuant to paragraph (g)(2) of this Section shall not count towards the maximum permitted surface area regulations of Section 32-64 (Surface Area and Illumination Provisions), inclusive.

(2)        An information sign shall be provided for all buildings subject to the use restrictions of this special permit. Such required sign shall be mounted on an exterior building wall adjacent to and no more than five feet from all primary entrances of the building. The sign shall be placed so that it is directly visible, without any obstruction, to persons entering the building, and at a height no less than four feet and no more than five and a half feet above the adjoining grade. Such sign shall be legible, no less than 12 inches by 12 inches in size and shall be fully opaque, non-reflective and constructed of permanent, highly durable materials. The information sign shall contain: the name and address of the building in lettering no less than three-quarters of an inch in height; and the following statement in lettering no less than one-half of an inch in height, “This building is subject to Industrial Business Incentive Area regulations which require a minimum amount of space to be provided for specific industrial uses.” The information sign shall include the internet URL, or other widely accessible means of electronically transmitting and displaying information to the public, where the information required in paragraph (b) of Section 74-967 (Compliance, recordation and reporting requirements) is available to the public.

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