The provisions of Article I, Chapter 5 (Residential Conversion Within Existing Buildings), shall apply in the Special Coney Island District, as modified in this Section. The change of non-residential floor area to residences in buildings, or portions thereof, erected prior to January 1, 1977, shall be permitted subject to Sections 15-11 (Bulk Regulations), 15-12 (Open Space Equivalent) and 15-30 (MINOR MODIFICATIONS), paragraph (b). Uses in buildings erected prior to January 1, 1977, containing both residential and non-residential uses shall not be subject to the provisions of Section 32-42 (Location Within Buildings).

The provisions of Article VI, Chapter 2 (Special Regulations Applying in the Waterfront Area), shall not apply in the Special Coney Island District.

The provisions of Section 74-513 (In C7 Districts) shall not apply in the Special Coney Island District. In lieu thereof, public parking lots shall not be permitted, and public parking garages of any size shall be permitted as-of-right, provided such garages comply with the provisions of Section 131-52 (Use and Location of Parking Facilities).

(a)        For zoning lots fronting upon Riegelmann Boardwalk, KeySpan Park and Highland View Park

Where the lot line of a zoning lot coincides or is within 20 feet of the boundary of Riegelmann Boardwalk, KeySpan Park or Highland View Park, such lot line shall be considered to be a street line for the purposes of applying all use and bulk regulations of this Resolution.

(b)        For multiple buildings on the same zoning lot

For the purposes of applying the special use and bulk regulations of this Chapter, abutting buildings on the same zoning lot may be considered one building.

Use Group A consists of a group of uses, selected from Use Groups 12, 13 and 15, as modified in this Section, and may be open or enclosed:

Use Group A1

Amusement arcades

Amusement parks, with no limitation on floor area per establishment

Animal exhibits, circuses, carnivals or fairs of a temporary nature

Camps, overnight or day, commercial beaches or swimming pools

Dark rides, electronic or computer-supported games, including interactive entertainment facilities, laser tag and motion simulators

Ferris wheels, flume rides, roller coasters, whips, parachute jumps, dodgem scooters, merry-go-rounds or similar midway attractions

Fortune tellers, freak shows, haunted houses, wax museums, or similar midway attractions

Miniature golf courses and model car hobby centers, including racing

Open booths with games of skill or chance, including shooting galleries

Water parks

Use Group A2

Arenas or auditoriums, with capacity limited to 2,000 seats

Billiard parlors or pool halls, table tennis halls or bowling alleys, with no limitation on number of bowling lanes per establishment

Gymnasiums or recreational sports facilities including, but not limited to, indoor golf driving ranges, batting cages, basketball, volleyball, squash and other courts, without membership requirements

Skateboard parks, roller or ice skating rinks

Theaters, including movie theaters, provided such use does not occupy the ground floor level of a building, except for lobbies limited to a maximum street frontage of 30 feet, except that on corner lots one street frontage may extend up to 100 feet.

Accessory uses to the amusements listed in this Section, including the display and sale of goods or services, provided:

(a)        such accessory uses are limited to not more that 25 percent of the floor area of the amusement establishment or, for open uses, not more than 25 percent of the lot area;

(b)        such accessory uses shall be entered only through the principal amusement establishment;

(c)        such accessory uses shall share common cash registers with the principal amusement use;

(d)        such accessory uses shall have the same hours of operation as the principal amusement use; and

(e)        the principal amusement use shall occupy the entire street frontage of the ground floor level of the establishment and shall extend to a depth of at least 30 feet from the street wall of the building or, for open uses, at least 30 feet from the street line.

Use Group B consists of a group of uses, selected from Use Groups 6, 9, 12, 13 and 18, as modified in this Section:

Art gallery, commercial

Banquet halls

Breweries

Eating or drinking establishments of any size, including those with entertainment or dancing

Historical exhibits

Spas and bathhouses

Studios, art, music, dancing or theatrical

Tattoo parlors

Radio or television studios

Wedding chapels

Use Group C consists of a group of retail and service uses, selected from Use Groups 6, 7, 12 and 14, as modified in this Section:

Arts and crafts production and sales, including but not limited to ceramics, art needlework, hand weaving or tapestries, book binding, fabric painting, glass blowing, jewelry or art metal craft and wood carving

Bicycle sales, rental or repair shops

Bookstores

Candy or ice cream stores

Clothing or clothing accessory

Clothing, custom manufacturing or altering for retail, including costume production and hair product manufacturing

Delicatessen stores

Fishing tackle or equipment, rental or sales

Gift shops

Health and fitness establishments limited to 10,000 square feet of floor area per establishment

Jewelry manufacturing from precious metals

Musical instrument stores

Music stores

Newsstands

Patio or beach furniture or equipment

Photographic equipment stores and studios

Sporting goods or equipment, sale or rental, including instruction in skiing, sailing or skin diving

Toy stores

The use regulations of the underlying C7 District are modified as set forth in this Section. The provisions of Section 32-02 (Special Provisions for Hotels) are modified to apply in a C7 District. The locations of the mandatory ground floor use regulations of paragraphs (b), (c), (d) and (f) of this Section are shown on the streets, or portions of streets, specified on Map 2 in the Appendix to this Chapter. Transient hotels and Use Groups A, B and C, as set forth in Sections 131-11 through 131-123, inclusive, and public parking garages, shall be the only uses allowed in the Coney East Subdistrict, and shall comply with the following regulations:

(a)        Use Group C

Use Group C uses shall be limited to 2,500 square feet of floor area and 30 feet of street frontage, except that on corner lots one street frontage may extend up to 100 feet.

(b)        Bowery and Wonder Wheel Way

At least 50 percent of Bowery and Wonder Wheel Way street frontage of any zoning lot shall be occupied by open uses listed in Use Group A1 or, if enclosed, by Use Group A1 uses at the ground floor level, and not more than 50 percent of the Bowery and Wonder Wheel Way street frontage of any zoning lot shall be occupied by Use Group C uses at the ground floor level.

(c)        Surf Avenue

At least 15 percent of the street frontage of each block front bounding the south side of Surf Avenue between West 16th Street and West 10th Street shall be occupied by open uses listed in Use Group A1 or, if enclosed, by Use Group A1 uses at the ground floor level.

There shall be separate open establishments or enclosed ground floor establishments fronting upon each block front bounding Surf Avenue, as follows:

(1)        on the block front bounding the southerly street line of Surf Avenue between Stillwell Avenue and West 12th Street there shall be at least six establishments;

(2)        on the block front bounding the southerly street line of Surf Avenue between West 12th Street and West 10th Street there shall be at least six establishments;

(3)        on all other block fronts there shall be at least four establishments;

(4)        the provisions of this paragraph (c) shall not apply along the southerly street line of Surf Avenue east of West 10th Street.

There may be fewer establishments fronting upon such block fronts than required pursuant to this paragraph (c), where the Chairperson of the Department of City Planning certifies to the Department of Buildings that such modification is necessary to accommodate an amusement use listed in Use Group A1.

(d)        Stillwell Avenue and West 10th Street

At least 15 percent of the Stillwell Avenue and West 10th Street street frontage of any zoning lot shall be occupied by open uses listed in Use Group A1 or, if enclosed, by Use Group A1 uses at the ground floor level.

(e)        Transient hotels

(1)        Where permitted pursuant to Section 32-02, transient hotels shall be permitted only on blocks with Surf Avenue frontage, except that no transient hotels shall be permitted on that portion of the block bounded by West 15th and West 16th Streets south of the prolongation of the centerline of Bowery.

(2)        Transient hotel use shall not be permitted within 50 feet of Bowery on the ground floor level of a building, except that where a zoning lot has frontage only on Bowery, a transient hotel lobby may occupy up to 30 feet of such frontage.

(3)        For transient hotels located on zoning lots with at least 20,000 square feet of lot area, an amount of floor area or lot area of Use Group A1 uses equal to at least 20 percent of the total floor area permitted on such zoning lot shall be provided either onsite or anywhere within the Coney East Subdistrict.

(4)        The street wall of the ground floor level of a transient hotel shall be occupied by active accessory uses including, but not limited to, lobbies, retail establishments, eating and drinking establishments and amusements.  

(5)        Accessory retail establishments within a transient hotel shall be limited to 2,500 square feet of floor area.

(f)        Depth of ground floor uses

All ground floor uses within buildings shall have a depth of at least 15 feet measured from the street wall of a building, located on streets, or portions of streets, shown on Map 2. However, such minimum depth requirement may be reduced where necessary in order to accommodate vertical circulation cores or structural columns associated with upper stories of the building.

(g)        Parcel 2

On Parcel 2, as shown on Map 2, only uses listed in Use Group A, and public parking garages of any size, shall be permitted, provided such garages comply with the provisions of Section 131-52 (Use and Location of Parking Facilities).

(h)        Parcel 3

On Parcel 3, as shown on Map 2, the provisions of the underlying C7 District shall apply, except as modified in this paragraph, (h). Only open amusement uses listed in Use Groups 13A and 15, as set forth in Sections 32-22 and 32-24, respectively, shall be permitted.

In the Coney North and Coney West Subdistricts, uses allowed by the underlying district regulations shall apply, except as modified in this Section for uses fronting upon streets specified on Map 2 (Mandatory Ground Floor Use Requirements) in the Appendix to this Chapter. For the purposes of this Section, the “building line” shown on Parcel F on Map 2 shall be considered a street line of Ocean Way or Parachute Way, as applicable. Furthermore, an open or enclosed ice skating rink shall be a permitted use anywhere within Parcel F in the Coney West Subdistrict.

(a)        Mandatory ground floor level uses along certain streets

Any use listed in Use Groups A, B and C, as set forth in Section 131-12, inclusive, not otherwise allowed by the underlying district regulations, shall be permitted within 70 feet of Riegelmann Boardwalk and within 100 feet of all other designated streets, as shown on Map 2.

(1)        Riegelmann Boardwalk

Only uses listed in Use Groups A, B and C and, where permitted pursuant to Section 32-02 (Special Provisions for Hotels), transient hotels located above the ground floor level are permitted within 70 feet of Riegelmann Boardwalk, except that a transient hotel lobby may occupy up to 30 feet of such ground floor frontage along Riegelmann Boardwalk. Use Group C uses shall be limited to 2,500 square feet of floor area and 30 feet of street frontage for each establishment. All other establishments shall be limited to 60 feet of street frontage, except that for any establishment on a corner, one street frontage may extend up to 100 feet. All ground floor uses within buildings shall have a depth of at least 15 feet measured from the street wall of the building. However, such minimum depth requirement may be reduced where necessary in order to accommodate vertical circulation cores or structural columns associated with upper stories of the building.

(2)        Streets other than Riegelmann Boardwalk

At least 20 percent of the frontage of a building or of an open use, on a street specified on Map 2, shall be allocated exclusively to uses listed in Use Groups A, B or C. The remaining frontage of such building or open use, on a specified street, shall be allocated to commercial uses permitted by the underlying district regulations or, where permitted pursuant to Section 32-02, a transient hotel. In addition, a residential lobby may occupy up to 40 feet of frontage along a specified street frontage.

There shall be at least four separate ground floor or open commercial establishments fronting upon each block fronting on Surf Avenue.

All ground floor commercial uses within buildings shall have a depth of at least 50 feet measured from the street wall of the building. Such minimum 50 foot depth requirement may be reduced where necessary in order to accommodate a residential lobby, vertical circulation cores or structural columns associated with upper stories of the building.

(b)        Prohibited ground floor level uses along streets other than Riegelmann Boardwalk

No use listed in this paragraph, (b), shall be permitted within 50 feet of a street specified on Map 2. Lobbies or entryways to non-ground floor level uses are permitted, provided the length of street frontage occupied by such lobbies or entryways does not exceed, in total, 60 feet.

From Use Group 2:

All uses

From Use Group 3A:

All uses, except for libraries, museums or non-commercial art galleries

From Use Groups 4A and 4B:

All uses, except for houses of worship or playgrounds

From Use Group 5A:

All uses, except that transient hotels shall be permitted within 200 feet of Surf Avenue between Stillwell Avenue and West 16th Street, where permitted pursuant to Section 32-02

From Use Groups 6B, and 6E:

Offices, veterinary medicine offices or non-commercial clubs

From Use Group 6C:

Banks (except for automated teller machines, provided the length of street frontage allocated for automated teller machines shall be no more than 25 feet or 40 percent of the frontage of the zoning lot, whichever is less, except such frontage need not be less than 20 feet), except that this prohibition shall not apply along Stillwell Avenue

Electrolysis studios, frozen food lockers and loan offices

From Use Group 6D:

All uses

From Use Group 7:

All uses, except for bicycle rental or repair shops

From Use Groups 8A and 8B:

Automobile driving schools, ice vending machines, lumber stores or pawn shops

From Use Groups 8C and 8D:

All uses

From Use Groups 9A and 9B:

All uses, except for health and fitness establishments, public auction rooms, photographic developing or printing establishments for the consumer, or art, music, dancing or theatrical studios

From Use Groups 10A and 10B:

Depositories for storage, and wholesale offices or showrooms

Use Group 11:

All uses

Use Groups 12A and 12B:

Trade expositions

Use Groups 12C and 12D:

All uses

Use Groups 14A and 14B:

All uses, except for bicycle sales, rental or repair shops.

R7A R7D R7X

(a)        Applicability of Inclusionary Housing Program

R7A, R7D and R7X Districts within the Special Coney Island District shall be Inclusionary Housing designated areas, pursuant to Section 12-10 (DEFINITIONS), for the purpose of making the Inclusionary Housing Program regulations of Section 23-90, inclusive, applicable as modified within the Special District.

(b)        Maximum floor area ratio

The base floor area ratio for any zoning lot containing residences shall be as set forth in the table in this Section. Such base floor area ratio may be increased to the maximum floor area ratio set forth in the table through the provision of affordable housing, pursuant to the provisions for Inclusionary Housing designated areas, as set forth in Section 23-90 (INCLUSIONARY HOUSING), inclusive. Parcels A through F within R7D Districts are shown on Map 1 (Special Coney Island District and Subdistricts).

FLOOR AREA RATIO FOR BUILDINGS CONTAINING RESIDENCES

(c)        Coney West floor area distribution

In the Coney West Subdistrict, floor area attributable to zoning lots within the following sets of parcels, as shown on Map 1 in the Appendix to this Chapter, may be distributed anywhere within such sets of parcels:

Parcels A and B

Parcels C and D

Parcels E and F.

In addition, floor area attributable to block 7071, lot 130, within Parcel B may be distributed anywhere within Parcels C or D.

(d)        Height and setback

For all zoning lots, or portions thereof, located in the Coney West or Coney North Subdistricts, the height and setback regulations of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors) shall not apply. In lieu thereof, the height and setback regulations of this Chapter shall apply.

In the Coney West and Coney North Subdistricts, the maximum permitted floor area ratio for community facility uses shall be 2.0.

In the Coney North Subdistrict, for transient hotels located within 200 feet of Surf Avenue between Stillwell Avenue and West 16th Street, the maximum permitted floor area ratio shall be 3.75.

In the Special Coney Island District, the level of any building containing accessory parking spaces or non-residential uses shall be exempt from lot coverage regulations.

The following regulations shall apply along the south side of Surf Avenue and along those portions of streets intersecting Surf Avenue located north of a line drawn 50 feet north of and parallel to the northern street line of Bowery and its westerly prolongation.

(a)        Street wall location

The street wall of a building shall be located within five feet of the street line and extend along the entire frontage of the zoning lot, except that:

(1)        a sidewalk widening shall be required at the intersection of Surf Avenue and West 10th Street, extending from a point on the Surf Avenue street line 125 feet west of West 10th Street to a point on the West 10th Street street line 20 feet south of Surf Avenue. Such area shall be improved as a sidewalk to Department of Transportation standards, be at the same level as the adjoining sidewalks, and be accessible to the public at all times. Such sidewalk widening line shall be considered a street line for the purposes of applying the use and height and setback regulations of this Chapter;

(2)        to allow for corner articulation, the street wall may be located anywhere within an area bounded by intersecting street lines and lines 15 feet from and parallel to such street lines ; and

(3)        to allow for portions of towers to rise without setback from grade, a portion of a building base below a tower may be set back 10 feet from the street line, provided the width of such setback area is not greater than 40 percent of the width of the street wall of the tower, and provided such setback area complies with the provisions of Section 131-47 (Design Requirements for Ground Level Setbacks).

(b)        Building base

(1)        Surf Avenue, west of West 12th Street

West of West 12th Street, the street wall of a building shall rise without setback to a minimum base height of 35 feet or the height of the building, whichever is less, and a maximum base height of 45 feet. If a tower is provided, in accordance with the requirements of paragraph (d) of this Section, the maximum base height shall be 65 feet. At a height no lower than the minimum base height and no higher than the maximum base height, a setback shall be required, pursuant to the provisions set forth in paragraph (c) of this Section.

Any portion of a street wall which exceeds a height of 60 feet shall be located within 150 feet of the intersection of two street lines and shall coincide with the location of a tower. Towers shall comply with the location requirements of paragraph (d) of this Section.

(2)        Surf Avenue, east of West 12th Street

East of West 12th Street, the street wall of a building shall rise without setback to a minimum base height of 35 feet or the height of the building, whichever is less, and a maximum base height of 45 feet. At a height no lower than the minimum base height and no higher than the maximum base height, a setback is required that shall comply with the provisions set forth in paragraph (d) of this Section.

For the base of any building located on the south side of Surf Avenue, above the level of the second story, up to 30 percent of the aggregate width of street walls may be recessed, provided no recesses are located within 15 feet of an adjacent building or within 30 feet of the intersection of two street lines, except where corner articulation is provided as set forth in paragraph (a)(3) of this Section.

(c)        Transition height

All portions of a building that exceed the applicable maximum base height specified in paragraph (b) of this Section shall be set back from the street line at least 20 feet except that, where towers are provided, the minimum setback depth from the street line shall be 10 feet.

(1)        West of West 12th Street

All portions of a building that exceed the maximum base height set forth in paragraph (b)(1) of this Section shall comply with the tower provisions of paragraph (d) of this Section.

(2)        East of West 12th Street

The maximum transition height shall be 65 feet, and all portions of buildings that exceed such height shall comply with the tower provisions of paragraph (d) of this Section, except that within 100 feet of Jones Walk on the easterly side, the maximum building height after the required setbacks shall be 85 feet.

(3)        Special Regulations for Use Group A

The transition height regulations of paragraphs (c)(1) and (c)(2) of this Section shall not apply to buildings that rise to a maximum height of 85 feet to accommodate a Use Group A use or to buildings where the Chairperson of the Department of City Planning certifies to the Department of Buildings that additional height is necessary to accommodate an amusement use listed in Use Group A1.

(d)        Towers

All stories of a building located partially or wholly above a height of 65 feet shall be considered a “tower” and shall comply with the provisions of this paragraph (d).

(1)        Maximum floorplate

Each story of a tower shall not exceed a gross area of 8,500 square feet.

(2)        Maximum length and height

The outermost walls of all tower stories shall be inscribed within a rectangle, and no side of such rectangle shall exceed a length of 165 feet.

The maximum height of a building located between West 12th Street and Jones Walk shall be 150 feet between West 12th Street and Jones Walk. The maximum height of a building located between West 12th Street and West 16th Street on zoning lots with less than 50,000 square feet of lot area shall be 220 feet; on zoning lots with 50,000 square feet or more of lot area, the maximum height of a building shall be 270 feet. All towers that exceed a height of 150 feet shall provide articulation in accordance with Section 131-46.

(3)        Tower location

All towers shall be located within 25 feet of Surf Avenue and entirely within 100 feet of an intersecting street.

Any building or other structure fronting upon the north side of Surf Avenue shall not exceed a height of 85 feet. Furthermore, in order to protect the view from the elevated subway to the Coney East Subdistrict, no portion of such building or other structure, including permitted obstructions or signs, shall be located between a height of five feet below the upper level of the elevated subway tracks and a level 25 feet above such level, except for a vertical circulation core, supporting structural elements and related appurtenances. In no event shall more than 30 percent of the Surf Avenue frontage of the zoning lot be obstructed with such elements.  

The following regulations shall apply along Wonder Wheel Way, Bowery, and all other streets, and portions thereof, located south of a line drawn 50 feet north of and parallel to the northern street line of Bowery and its westerly prolongation.

(a)        Street wall location

The street wall of the building, or portion thereof, shall be located within five feet of the street line;

(b)        Maximum height

The street wall of a building, or portion thereof, shall rise to a minimum height of 20 feet and a maximum height of 40 feet before setback. The maximum height of a building or other structure shall be 60 feet, provided any portion of a building that exceeds a height of 40 feet shall be set back from the street wall of the building at least 20 feet.

West of West 12th Street, along the northern street line of Bowery, the maximum building height shall be 40 feet. If a tower is provided along the Surf Avenue portion of the block, 40 percent of the aggregate width of street walls may rise above the maximum street wall height of 40 feet, provided that such portion is located within 150 feet of the intersection of two street lines. However, where the portion of the block that fronts on Surf Avenue is developed or enlarged pursuant to the special regulations for Use Group A in paragraph (c)(3) of Section 131-421 (Coney East Subdistrict, south side of Surf Avenue), the street wall may rise after a setback of 20 feet to a maximum height of 60 feet for the entire length of the Bowery street line, or may extend beyond the 40 percent of the aggregate width of street wall for the length of the street wall of such Use Group A development or enlargement which fronts along Surf Avenue, whichever is less.

The regulations of this Section shall apply along Surf Avenue. The street wall location provisions of paragraph (a) of this Section shall also apply along streets intersecting Surf Avenue within 50 feet of Surf Avenue, and the building base regulations of paragraph (b) of this Section shall also apply along streets within 100 feet of Surf Avenue.

(a)        Street wall location

The street wall of a building base shall be located on the Surf Avenue street line and extend along the entire Surf Avenue frontage of the zoning lot, except that:

(1)        to allow for corner articulation, the street wall may be located anywhere within an area bounded by intersecting street lines and lines 15 feet from and parallel to such street lines ; and

(2)        to allow for portions of towers to rise without setback from grade, a portion of a building base below a tower may be set back 10 feet from a street line, provided the width of such setback area is not greater than 40 percent of the width of the street wall of the tower and provided such setback area complies with the provisions of Section 131-47 (Design Requirements for Ground Level Setbacks).

(b)        Building base

A street wall fronting on Surf Avenue shall rise without setback to a minimum height of six stories or 65 feet, or the height of the building, whichever is less, and a maximum height of eight stories or 85 feet, whichever is less, before a setback is required. However, on the block front bounded by West 21st Street and West 22nd Street, the minimum height of a street wall shall be 40 feet and the maximum height of a street wall shall be six stories or 65 feet, whichever is less, before a setback is required.

Above the level of the second story, up to 30 percent of the aggregate width of street walls may be recessed, provided no recesses are located within 15 feet of an adjacent building or within 30 feet of the intersection of two street lines, except where corner articulation is provided as set forth in paragraph (a)(2) of this Section.

All portions of a building or other structure that exceed the maximum heights set forth in this paragraph, (b), shall be set back from the street line at least 10 feet.

(c)        Transition height

Above the maximum base height, a street wall may rise to a maximum transition height of nine stories or 95 feet, whichever is less, provided that such street walls are set back a minimum distance of 10 feet from the Surf Avenue street line. All portions of buildings or other structures that exceed a transition height of 95 feet shall comply with the tower provisions of Section 131-434 (Coney West Subdistrict towers).

The following regulations shall apply along all other streets in the Coney West Subdistrict, except within 70 feet of Riegelmann Boardwalk.

(a)        Street wall location

The street wall of a building base, or portion thereof, beyond 50 feet of Surf Avenue, shall be located within eight feet of the street line except that, to allow portions of towers to rise without setback from grade, a portion of a building base below a tower may be set back 10 feet from the street line, provided the width of such setback area is not greater than 40 percent of the width of the street wall of the tower.

The entire area of the zoning lot between the street line and all street walls of the building and their prolongations shall be planted at ground level, or in raised planting beds that are permanently affixed to the ground, except that such plantings shall not be required at the entrances to and exits from the building, within driveways accessing off-street parking spaces located within, to the side, or rear of such building, or between commercial uses and the street line. No zoning lot shall be altered in any way that will either create a new non-compliance or increase the degree of non-compliance with the provisions of this Section.

(b)        Building base

The street wall of a building base, or portion thereof, located beyond 100 feet of Surf Avenue, shall rise without setback to a minimum height of 40 feet or the height of the building, whichever is less, and a maximum height of six stories or 65 feet, whichever is less. Up to 30 percent of the aggregate width of street walls may be recessed for outer courts or balconies, provided no recesses are located within 15 feet of an adjacent building or within 30 feet of the intersection of two street lines, and provided the maximum depth of such recesses is 15 feet, as measured from the street line. All portions of a building or other structure that exceed a height of 65 feet shall be set back from the street wall at least 10 feet, except such setback distance may include the depth of any permitted recesses.

(c)        Transition heights

Beyond 100 feet of Surf Avenue, a street wall may rise to a maximum transition height of nine stories or 95 feet, whichever is less, provided that:

(1)        above the maximum base height, street walls are set back a minimum distance of 10 feet from the street line, except that for blocks north of the Ocean Way street line, along a minimum of one street line bounding the block (except for Surf Avenue), at least 40 percent of the aggregate width of street walls shall remain open to the sky for a minimum depth of 100 feet from the street line ;

(2)        for blocks bounding the southern street line of Ocean Way, any portion of a building or other structure that exceeds a height of six stories or 65 feet, whichever is less, shall be located within 80 or 100 feet of a street line, as indicated on Map 6 in the Appendix to this Chapter;

(3)        for portions of buildings higher than six stories or 65 feet that are within 100 feet of Riegelmann Boardwalk, each story within such portion shall provide a setback with a depth of at least 10 feet, measured from the south-facing wall of the story directly below.

A building or other structure may exceed such transition heights only in accordance with the tower provisions of Section 131-434.

A street wall shall be located on Riegelmann Boardwalk street line and extend along the entire Riegelmann Boardwalk frontage of the zoning lot to a minimum height of 20 feet, as shown on Map 5 (Minimum and Maximum Base Heights). Any building or other structure within 70 feet of Riegelmann Boardwalk shall not exceed a height of 40 feet above the level of Riegelmann Boardwalk.

In addition, on Parcel F, a street wall shall be located on the Parachute Way building line and the portion of the Ocean Way building line that is within 100 feet of the Parachute Way building line, as shown on Map 4 (Street Wall Location). Such street walls shall extend along such entire frontages of Parcel F to a minimum height of 20 feet.

All stories of a building or portions of other structures located partially or wholly above an applicable transition height shall be considered a “tower” and shall comply with the provisions of this Section.

(a)        Maximum floorplate

Each story of a tower shall not exceed a gross area of 8,500 square feet.

(b)        Maximum length and height

On blocks bounding Surf Avenue, the maximum height of a building or other structure shall be 220 feet, and on blocks bounding the southerly street line of Ocean Way, the maximum height of a building or other structure shall be 170 feet. Furthermore, the outermost walls of all tower stories shall be inscribed within a rectangle, and no side of such rectangle shall exceed a length of 165 feet.

Where affordable housing is provided pursuant to Section 131-321 (Special floor area regulations for residential uses), the maximum height of a building shall be increased to 270 feet, provided either:

(1)        the outermost wall of all tower stories are inscribed within a rectangle where no side of such rectangle exceeds a length of 100 feet; or

(2)        the outermost wall of all tower stories below a height of 120 feet are inscribed within a rectangle where no side of such rectangle exceeds a length of 130 feet and, above such height, no side of such rectangle shall exceed a length of 100 feet. In addition, above a height of 120 feet, the maximum floor plate shall be 80 percent of the story immediately below such height, or 6,800 square feet, whichever is greater. Such reduced lot coverage shall be achieved by one or more setbacks on each face of the tower, where at least one setback on each tower face has a depth of at least five feet and a width that, individually or in the aggregate, is equal to at least 10 percent of the width of each respective tower face.

All buildings that exceed a height of 170 feet shall provide articulation in accordance with Section 131-46 (Tower Top Articulation).

(c)        Tower location

All towers shall be located entirely within 100 feet of Parachute Way, West 20th Street, West 21st Street or West 22nd Street and within 25 feet of the intersection of two street lines. When a zoning lot fronting upon Surf Avenue contains a tower, such tower shall be located within 25 feet of Surf Avenue. No more than one tower shall be permitted on any zoning lot, except that where affordable housing is provided pursuant to Sections 23-90 and 131-321, no more than two towers shall be permitted on any zoning lot, and the second tower shall be located within 25 feet of Ocean Way. However, Parcel E may include two towers and, where affordable housing is provided pursuant to Section 131-321, a third tower shall be permitted to be located anywhere on such parcel along Parachute Way.

The regulations of this Section shall apply along Surf Avenue. The street wall location provisions of paragraph (a) of this Section shall also apply along streets intersecting Surf Avenue within 50 feet of Surf Avenue, and the building base regulations of paragraph (b) of this Section shall also apply along streets within 100 feet of Surf Avenue.

(a)        Street wall location

The street wall of a building base shall be located on the Surf Avenue street line and extend along the entire Surf Avenue frontage of the zoning lot, except that:

(1)        to allow for corner articulation, the street wall may be located anywhere within an area bounded by intersecting street lines and lines 15 feet from and parallel to such street lines ; and

(2)        to allow for portions of towers to rise without setback from grade, a portion of a building base below a tower may be set back 10 feet from a street line, provided the width of such setback area is not greater than 40 percent of the width of the street wall of the tower and provided such setback area complies with the provisions of Section 131-47 (Design Requirements for Ground Level Setbacks).

(b)        Building base

The street wall of a building base fronting on Surf Avenue shall rise without setback to a minimum height of six stories or 65 feet, or the height of the building, whichever is less, and a maximum height of eight stories or 85 feet, whichever is less, before a setback is required. However, on the portion of the block bounded by Stillwell Avenue and West 15th Street, for buildings that exceed a height of 85 feet, all street walls of such building fronting on Surf Avenue shall rise without setback to a height of 85 feet.

Above the level of the second story, up to 30 percent of the aggregate width of street walls may be recessed, provided no recesses are located within 15 feet of an adjacent building or within 30 feet of the intersection of two street lines, except where corner articulation is provided, as set forth in paragraph (a)(2) of this Section.

All portions of a building or other structure that exceed a height of 85 feet shall be set back from the street line at least 10 feet, and shall comply with the tower provisions of Section 131-444 (Coney North Towers).

(c)        Transition height

Above the maximum base height, a street wall may rise to a maximum transition height of nine stories or 95 feet, whichever is less, provided that such street walls are set back a minimum distance of 10 feet from the Surf Avenue street line. All portions of buildings or other structures that exceed a transition height of 95 feet shall comply with the tower provisions of Section 131-444 (Coney North Subdistrict towers).

The following regulations shall apply along all other streets in the Coney North Subdistrict, other than Stillwell Avenue.

(a)        Street wall location

The street wall of a building base, or portion thereof, beyond 50 feet of Surf Avenue, shall be located within eight feet of the street line except that, to allow portions of towers to rise without setback from grade, a portion of a building base below a tower may be recessed 10 feet from the street line, provided the width of such recess area is not greater than 40 percent of the width of the street wall of the tower.

The entire area of the zoning lot between the street line and all street walls of the building and their prolongations shall be planted at ground level, or in raised planting beds that are permanently affixed to the ground, except that such plantings shall not be required at the entrances to, and exits from, the building, within driveways accessing off-street parking spaces located within, to the side, or rear of such building, or between commercial uses and the street line. No zoning lot shall be altered in any way that will either create a new non-compliance or increase the degree of non-compliance with the provisions of this Section.

(b)        Building base

The street wall of a building base, or portion thereof, located beyond 100 feet of Surf Avenue, shall rise without setback to a minimum height of 40 feet, or the height of the building, whichever is less, and a maximum height of six stories or 65 feet, whichever is less. Up to 30 percent of the aggregate width of street walls may be recessed for outer courts or balconies, provided no recesses are located within 15 feet of an adjacent building or within 30 feet of the intersection of two street lines, and provided the maximum depth of such recesses is 15 feet, as measured from the street line.

All portions of a building or other structure that exceed a height of 65 feet shall be set back from the street wall of the building at least 10 feet, except such setback distance may include the depth of any permitted recesses.

(c)        Transition height

In all portions of blocks located beyond 100 feet of Surf Avenue, a street wall may rise above the maximum base height to a maximum transition height of eight stories or 85 feet, whichever is less, provided that such street walls are set back a minimum distance of 10 feet from the street line. All portions of buildings or other structures that exceed a transition height of 85 feet shall comply with the tower provisions of Section 131-444 (Coney North Subdistrict towers).

Within 100 feet of Mermaid Avenue and within 100 feet of Stillwell Avenue, except within 100 feet of Surf Avenue, all portions of a building or other structure shall comply with the height and setback regulations of a C2 District mapped within an R7A District, except that the street wall of a building shall be located on the street line and rise without setback to a minimum height of 40 feet or the height of the building, whichever is less, except that:

(a)        to allow for corner articulation, the street wall may be located anywhere within an area bounded by intersecting street lines and lines 15 feet from and parallel to such street lines ; and

(b)        above the level of the second story, up to 30 percent of the aggregate width of street walls may be recessed, provided no recesses are located within 15 feet of an adjacent building or within 30 feet of the intersection of two street lines, except where corner articulation is provided as set forth in paragraph (b) of this Section.

All stories of a building or portions of other structures located partially or wholly above a height of 85 feet within 175 feet of Surf Avenue and above a height of 65 feet beyond 175 feet of Surf Avenue shall be considered a “tower” and shall comply with the provisions of this Section.

(a)        Maximum floorplate

Each story of a tower shall not exceed a gross area of 8,500 square feet.

(b)        Maximum length and height

On blocks bounding Surf Avenue, the maximum height of a building or other structure shall be 220 feet and beyond 175 feet of Surf Avenue the maximum height of a building or other structure shall be 170 feet. Furthermore, the outermost walls of all tower stories shall be inscribed within a rectangle and no side of such rectangle shall exceed a length of 165 feet.

Where affordable housing is provided pursuant to Section 131-321 (Special floor area regulations for residential uses), the maximum height of a building shall be increased to 270 feet, provided that either:

(1)        the outermost wall of all tower stories are inscribed within a rectangle, where no side of such rectangle shall exceed a length of 100 feet; or

(2)        the outermost wall of all tower stories, below a height of 120 feet, are inscribed within a rectangle, where no side of such rectangle shall exceed a length of 130 feet, and above such height, no side of such rectangle shall exceed a length of 100 feet. In addition, above a height of 120 feet, the maximum floorplate shall be 80 percent of the story immediately below such height or 6,800 square feet, whichever is greater. Such reduced lot coverage shall be achieved by one or more setbacks on each face of the tower, where at least one setback on each tower face has a depth of at least five feet and a width that, individually or in the aggregate, is equal to at least 10 percent of the width of each respective tower face.

All buildings that exceed a height of 170 feet shall provide articulation in accordance with Section 131-46 (Tower Top Articulation).

(c)        Tower location

Towers shall be located within 25 feet of Surf Avenue and entirely within 100 feet of an intersecting street. No more than one tower shall be permitted on any zoning lot, except that where affordable housing is provided pursuant to Sections 23-90 and 131-321, a second tower shall be permitted anywhere on the zoning lot where such tower is entirely beyond 175 feet of Surf Avenue and 10 feet from any other street. All towers shall be located at least 10 feet from a side lot line.