Chapter 2 - Special City Island District (CD)
GENERAL PURPOSES
The "Special City Island District" established in this Resolution is designed to promote and protect public health, safety, general welfare and amenity. These general goals include, among others, the following specific purposes:
(a) to promote and strengthen the unique character of the Special City Island District for nautical and waterfront activities by limiting permitted uses to those which complement and enhance the existing character of the Special District;
(b) to maintain the existing low-rise residential and commercial character of the district by regulating the height of buildings;
(c) to maintain and protect the environmental quality and "village" character of City Island Avenue by imposing special controls on building setbacks and signs; and
(d) to promote the most desirable use of land in this area and thus to conserve the value of land and thereby protect the City's tax revenue.
Definitions
Development
For purposes of this Chapter, a "development" includes both development and enlargement, as defined in Section 12-10 (DEFINITIONS).
General Provisions
In harmony with the general purposes of the Special City Island District and in accordance with the provisions of this Chapter, certain specified regulations of the districts on which the Special City Island District is superimposed are made inapplicable and special regulations are substituted therefor. Except as modified by the express provisions of the Special District, the regulations of the underlying zoning districts remain in force. In flood zones, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Zones), the provisions of Article VI, Chapter 4, shall control.
Requirements for Application
An application to the City Planning Commission for the grant of a special permit under the provisions of this Chapter shall include a site plan showing the location and use of all buildings on the zoning lot and such other information as may be required by the Commission.
In all cases, the City Planning Commission shall deny a special permit application whenever the development will interfere with a public improvement project (including housing, highways, public building or facilities redevelopment or renewal projects, or rights-of-way for sewers, transit or other public facilities) which has been approved by the Board of Estimate, City Planning Commission or Site Selection Board as determined from the calendar of each agency issued prior to the date of the public hearing on the application for a special permit.
District Plan
The District Plan for the Special City Island District identifies those areas within the Special District in which there are special height restrictions. The District Plan is set forth in Appendix A and is made an integral part hereof.
Special Use Regulations
Within the Special District, and notwithstanding the provisions of Article V, Chapter 2, where commercial or manufacturing uses are permitted by the underlying district regulations, such commercial or manufacturing uses shall be limited to those uses set forth in this Section. This Section shall apply to a new use in a development and to a change of use in an existing building to another use listed in the same or another Use Group.
Uses permitted in C1 Districts
Within a C1 District, all uses permitted in Use Groups 1, 2, 3, 4, 5 and 6, as listed in Sections 32-11 to 32-15, are permitted, except:
Court houses
Electric and gas substations
Public utility stations
Telephone exchanges.
Additional permitted uses are:
Custom manufacturing and sale of jewelry, ceramics, art and needlework, limited to 10,000 square feet per establishment.
Uses permitted in C2 Districts
Within a C2 District, all commercial uses listed in Section 112-071 (Uses permitted in C1 Districts) are permitted as well as all uses permitted as-of-right in C2 Districts, as set forth in Section 32-10, except:
Automobile sales, including motorcycle and trailer
Prisons
Refreshment stands, drive-in
Wholesale establishments.
Uses permitted in C3 Districts
For all buildings fronting on City Island Avenue between Bay Street and Carroll Street, only non-residential uses shall be permitted on the ground floor level or within stories that have a floor level within five feet of curb level, except for Type 1 lobbies provided in accordance with Section 37-33 (Maximum Width of Certain Uses).
Uses permitted in M1 Districts
Within an M1 District, all uses listed in Use Groups 4B, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16A and 17 are permitted, except:
Automobile sales, including motorcycle and trailer
Bottle works
Cotton ginning or cotton wadding or linters
Fuel, ice, coal or wood establishments with open storage
Manufacturing of autos, trucks or trailers, including parts
Motorcycle manufacturing, including parts
Motorcycle or motor scooter rental
Poultry or rabbit killing establishments
Prisons
Public transit or railroad substations
Public utility stations
Railroads, including rights-of-way
Refreshment stands, drive-in
Telephone exchanges
Truck weighing scales
Trucking terminals and motor freight stations.
In C1, C2 or C3 Districts, the City Planning Commission may permit automotive service stations, auto repair establishments, public parking garages or public parking lots. As a condition for permitting such use, the Commission shall make the following findings:
(a) that such use is so located as to draw a minimum of vehicular traffic to and through local streets in nearby residential areas;
(b) that such use has adequate reservoir space at the vehicular entrance to accommodate a minimum of 10 cars or 20 percent of the spaces so provided, whichever amount is less; and
(c) that, where roof parking is permitted, such roof parking is so located as not to impair the essential character or future use or development of adjacent areas.
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including limitations on signs or requirements for the shielding of floodlights or for setback of any roof parking areas from lot lines.
Sign Regulations
In addition to meeting the sign regulations of the applicable underlying zoning district, all signs within the Special District shall meet the following restrictions:
(a) signs attached to the street wall of a building shall have a vertical dimension of not more than three feet and shall have a horizontal dimension of not more than 75 percent of the street frontage; and
(b) outdoor signs may be illuminated by indirect means only.
SPECIAL BULK REGULATIONS
In C3 Districts, for a residential use, the maximum lot coverage shall be 65 percent and the minimum required open space shall be 35 percent.
In C1, C2 and C3 Districts, for buildings containing residences with frontage on City Island Avenue, not more than one story of commercial use may be provided in such buildings and such story shall be excluded from the definition of floor area.
The underlying height and setback regulations shall apply, except that no building or other structure shall exceed a height limit of 35 feet, and the height shall be measured from the base plane. Such height and setback regulations may be modified only by authorization or special permit of the City Planning Commission, as applicable, pursuant to Sections 112-106 or 112-107.
For buildings with ground floor commercial or community facility uses fronting upon City Island Avenue, the provisions of Section 37-34 (Minimum Transparency Requirements) shall apply to any street wall of such building facing City Island Avenue.
The City Planning Commission may authorize, within Area B, as shown on the District Plan Map in Appendix A, modifications of the underlying height and setback regulations, provided the Commission finds that:
(a) the distribution of the bulk of the building on the zoning lot permits adequate access of light and air to the surrounding streets and properties and does not impair the views of and to the water;
(b) the modification of the height of the building permits better site planning and distribution of open space; and
(c) the height of the building does not exceed 35 feet.
The Commission may prescribe appropriate conditions and safeguards to protect the views of and to the water and to minimize adverse effects on the surrounding area. That portion of any zoning lot used for boat sales, manufacture, storage or repair shall be exempt from the provisions of this Section.
The City Planning Commission may permit, within Area A, as shown on the District Plan Map in Appendix A, modifications of the underlying height and setback regulations, provided the Commission finds that:
(a) the distribution of the bulk of the building on the zoning lot permits adequate access of light and air to the surrounding streets and properties and does not impair the views of and to the water;
(b) the modification of the height of the building permits better site planning and distribution of open space; and
(c) the height of the building does not exceed 50 feet.
The Commission may prescribe appropriate conditions and safeguards to protect the views of and to the water and to minimize adverse effects on the surrounding area. That portion of any zoning lot used for boat sales, manufacture, storage or repair shall be exempt from the provisions of this Section.
Special Parking Regulations
For any commercial or mixed use development except for eating or drinking establishments, one off-street accessory parking space shall be provided for every 300 square feet of commercial floor area. The provisions of Section 73-45 (Modification of Off-site Parking Provisions) are hereby made inapplicable.
After July 10, 1985, for any development, extension or change of use involving an eating or drinking establishment that, in the aggregate, results in an increase of more than 150 square feet of floor area, one off-street accessory parking space shall be provided for each 150 square feet of the total of the existing and new floor area.
After July 10, 1985, any reduction in the number of existing off-street accessory parking spaces, either on-site or off-site that lowers the ratio of off-street accessory parking space per floor area to less than one space per 150 square feet of floor area is prohibited.
New off-site accessory parking for eating or drinking establishments in C1 or C2 Districts may be located only in C1 or C2 Districts.
For the purposes of this Section, floor area shall also include cellar space, except for a room or rooms in the cellar used exclusively for storage, and outdoor table service areas used for eating or drinking establishments. The outdoor table service area shall be delineated and shown on the plans filed with the application for a building or work permit and used to determine the minimum requirement for accessory off-street parking. Such outdoor table service area shall be separated from the accessory off-street parking by a fence, wall, railing or planted screening.
For eating or drinking establishments, the provisions of Sections 36-23 or 44-23 (Waiver of Requirements for Spaces Below Minimum Number) or Sections 52-41 (General Provisions), with respect only to enlargements or extensions to provide off-street parking spaces, 73-43 (Reduction of Parking Spaces) and 73-45 (Modification of Off-site Parking Provisions) are hereby made inapplicable. For eating or drinking establishments with frontage on City Island Avenue, if less than 15 accessory off-street parking spaces are required, all such parking spaces shall be waived.
All developments, extensions or changes of use involving an eating or drinking establishment with attendant-operated parking services shall provide adequate on-site reservoir space at the vehicular entrances to accommodate automobiles equivalent in number to 10 percent of the total number of spaces, but in no event shall such reservoir space be required for more than 10 automobiles. Reservoir space shall be delineated by painted stripes or lines pursuant to the standards of the Department of Buildings.
Within one year of March 6, 1986, all existing eating or drinking establishments with attendant-operated parking services shall provide adequate reservoir space pursuant to this Section and shall file a site plan and documented evidence of compliance with the appropriate enforcement agency, either the Department of Buildings or Department of Ports and Terminals.
All new or enlarged parking lots with 10 or more spaces shall comply with the screening requirement provisions of this Section.
Accessory parking spaces that adjoin zoning lots with residential uses shall be screened by an opaque wall or fence extending not less than six feet but not higher than eight feet above finished grade, or alternatively, by a planting strip at least five feet wide and densely planted with evergreen shrubs at least four feet high at time of planting, and of a variety expected to reach a height of six feet within three years, or by both. No chain link fences shall be permitted.
Accessory parking spaces that adjoin zoning lots with non-residential uses shall be screened by an opaque wall or fence extending at least four feet high but not higher than six feet above finished grade, or alternatively by a planting strip at least five feet wide and densely planted with evergreen shrubs at least two and one-half feet high at time of planting. Open chain link fences shall be permitted only within such planting strip, and such fences shall extend at least four feet but not more than six feet above finished grade.
Accessory parking spaces that front upon a street shall be screened in accordance with the provisions of paragraphs (a), (b) and (c) of Section 37-921 (Perimeter landscaping).
In addition, such screening shall be maintained in good condition at all times, may be interrupted by normal entrances or exits and shall have no signs hung or attached thereto other than those permitted in Sections 32-62 (Permitted Signs), 32-63 (Permitted Advertising Signs) or 42-52 (Permitted Signs).
No parking shall be permitted between the street line of City Island Avenue and the street wall of any building or its prolongation facing City Island Avenue. However, this provision shall not apply to waterfront zoning lots.
Zoning district boundary lines shall coincide with the shoreline lawfully existing on November 13, 1981, or any natural or lawful alteration thereof.
A zoning district boundary line which intersects the shoreline lawfully existing on November 13, 1981, shall be prolongated, in a straight line, to such naturally or lawfully altered shoreline. Lawfully approved piers or other lawfully approved structural extensions of the shoreline, as may be so altered, shall not generate development rights; however, uses accessory to the principal upland permitted use, except for off-street parking, shall be permitted.
Except in R1 and R2 Districts, for developments containing residences on waterfront zoning lots of 65,000 square feet or more, a publicly accessible waterfront sitting area shall be provided. Such sitting area shall abut the shoreline, have a minimum area of 2,500 square feet, a minimum depth of 50 feet measured from the shoreline and contain at least one linear foot of seating for every 100 square feet of public access area. Entrances of buildings may not front upon such sitting area.
Such sitting area shall be accessible by means of either a direct connection to a public sidewalk or a public way through the zoning lot directly connecting the sitting area with a public sidewalk. Such public way shall be comprised of a planting strip of at least four feet in width containing one tree of at least three-inch caliper for every 25 linear feet of length of such way, and a paved sidewalk of at least six feet in width or, for developments with private roads, sidewalks provided in accordance with the requirements for private roads, as set forth in Article II, Chapter 6.
Such public access areas shall comply with the provisions of Sections 62-74 (Requirements for Recordation), 62-70 (MAINTENANCE AND OPERATION REQUIREMENTS FOR WATERFRONT PUBLIC ACCESS AREAS), 62-651 (Guardrails, gates and other protective barriers), 62-652 (Seating) and 62-654 (Signage).
The Chairperson of the City Planning Commission shall certify to the Department of Buildings or Department of Business Services, as applicable, that a site plan has been submitted showing compliance with the provisions of this Section.
