Chapter 2 - Special Inwood District (IN)

The City of New York
Bill de Blasio, Mayor
City Planning Commission
Marisa Lago, Chair

The “Special Inwood District” established in this Resolution is designed to promote and protect public health, safety and general welfare. These general goals include, among others, the following specific purposes:

(a)        to create a lively and attractive built environment that will provide amenities and services for the use and enjoyment of area residents, workers and visitors;

 

(b)        to encourage well-designed development that complements and enhances the built character of the neighborhood;

 

(c)        to enhance neighborhood economic diversity by broadening the range of housing choices for residents of varied incomes;

 

(d)        to maintain and establish physical and visual public access to and along the waterfront;

 

(e)        to promote the pedestrian orientation of ground floor uses in appropriate locations, and thus safeguard a traditional quality of higher density areas of the City;

 

(f)        to take advantage of the waterfront along the Harlem River, Sherman Creek, and the North Cove and create a public open space network;

 

(g)        to focus higher-density development in appropriate locations along wide, mixed-use corridors with good access to transit;

 

(h)        to provide flexibility of architectural design within limits established to assure adequate access of light and air to streets and public access areas, and thus encourage more attractive and economic building forms; and

 

(i)        to promote the most desirable use of land and development in accordance with the District Plan for the Inwood waterfront, and thus conserve and enhance the value of land and buildings, and thereby protect the City’s tax revenues.

The provisions of this Chapter shall apply within the Special Inwood District. The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control. However, 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 Hazard Areas), the provisions of Article VI, Chapter 4, shall control.

The regulations of this Chapter are designed to implement the Special Inwood District Plan. The District Plan, including Map 1 (Special Inwood District – Subdistricts and Subareas), Map 2 (Special Inwood District – Ground Floor Use and Curb Cut Regulations), and Map 3 (Special Inwood District – Transit Easement Zones) is set forth in the Appendix to this Chapter and is hereby incorporated as part of this Resolution for the purpose of specifying locations where the special regulations and requirements set forth in this Chapter apply. In order to carry out the purposes and provisions of this Chapter, district maps are located in the Appendix to this Chapter and are hereby incorporated and made an integral part of this Resolution. They are incorporated for the purpose of specifying locations where special regulations and requirements, as set forth in the text of this Chapter, apply.

Map 1.        Special Inwood District – Subdistricts and Subareas

Map 2.        Special Inwood District – Ground Floor Use and Curb Cut Regulations

Map 3.        Special Inwood District – Transit Easement Zones

Map 4.        Waterfront Access Plan: Parcel Designation

Map 5.        Waterfront Access Plan: Public Access Areas

Map 6.        Waterfront Access Plan: Visual Corridors

In order to carry out the provisions of this Chapter, six subdistricts are established, as follows:

Sherman Creek Subdistrict A

Tip of Manhattan Subdistrict B

Library Subdistrict C

Upland Area Subdistrict D

Infrastructure Zone Subdistrict E

Commercial “U” Subdistrict F

In each of these subdistricts, certain special regulations apply which do not apply within the remainder of the Special Inwood District. Within certain subdistricts, subareas are established, as follows:

Within Sherman Creek Subdistrict A:

Subarea A1

Subarea A2

Subarea A3

Within Tip of Manhattan Subdistrict B:

Subarea B1

Subarea B2

Subarea B3

Subarea B4

Within Upland Area Subdistrict D

Subarea D1

Subarea D2

Subarea D3

Subarea D4

The location and boundaries of subdistricts and subareas are outlined on Map 1 (Special Inwood District - Subdistricts and Subareas) in the Appendix to this Chapter.

142-04

Definitions

For purposes of this Chapter, matter in italics is defined in Section 12-10 (DEFINITIONS), Section 37-311 (Definitions) and in this Section.

Shoreline adjacent lot

For the purposes of this Chapter, a “shoreline adjacent lot” shall refer to a waterfront zoning lot with a shoreline length of more than 100 feet, or any zoning lot that has entered into a binding agreement to improve and maintain a waterfront public access area for an adjoining waterfront zoning lot.

In the Special Inwood District, except within Subdistrict F, any building containing residences, or any building containing long-term care facilities or philanthropic or non-profit institutions with sleeping accommodations, shall be developed or enlarged in accordance with the Quality Housing Program and the regulations of Article II, Chapter 8 shall apply. The bulk regulations of this Chapter shall be considered the applicable bulk regulations for Quality Housing buildings.

Within Subdistrict F, the provisions of Section 23-011 shall apply. Where the optional regulations for Quality Housing buildings are utilized, the regulations of Article II, Chapter 8 shall apply, and the bulk regulations of this Chapter shall be considered the applicable bulk regulations for Quality Housing buildings.

In M1 Districts paired with a Residence District, the special use, bulk and parking and loading provisions of Article XII, Chapter 3 (Special Mixed Use District) shall apply, except where modified by the provisions of this Chapter, and shall supplement or supersede the provisions of the designated Residence or M1 District, as applicable.

In Subarea A1, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, when a volume above a street, or portion thereof, has been eliminated, discontinued or closed, such volume may, at the option of an owner of a zoning lot adjoining such volume, be considered part of the adjoining zoning lot, and a development or enlargement may be located within such volume that is part of or connected to a building on the adjoining zoning lot utilizing floor area generated by the adjoining zoning lot, provided that the street below the volume is provided with lighting in accordance with Department of Transportation standards. In no event shall such volume contribute to the amount of lot area of any zoning lot for the purposes of generating floor area.

For the purposes of this Chapter, the shoreline shall be as shown on a survey available on the Department of City Planning website.

For all developments or enlargements involving ground floor level construction on a zoning lot that is wholly or partially located within a Transit Easement Zone, as shown on Map 3 (Special Inwood District – Transit Easement Zones) in the Appendix to this Chapter, a transit easement volume may be required on such zoning lot for public access between the street and the adjacent above- or below-grade subway station.

(a)        Transit Easement

Prior to filing any application with the Department of Buildings for an excavation permit, foundation permit, new building permit or alteration permit for a development or enlargement, the owner of the zoning lot shall file an application with the Metropolitan Transportation Authority (MTA) and the Chairperson of the City Planning Commission requesting a certification as to whether or not a transit easement volume is required on the zoning lot.

Within 60 days of receipt of such application, the MTA and the Chairperson shall jointly certify whether or not a transit easement volume is required on the zoning lot. Failure to certify within the 60-day period will release the owner from any obligation to provide a transit easement volume on such zoning lot.

When the MTA and the Chairperson indicate that a transit easement volume is required, the MTA shall, in consultation with the owner of the zoning lot and the Chairperson, determine the appropriate type of transit easement and reasonable dimensions for such transit easement volume.

The owner shall submit a site plan showing a proposed location of such transit easement volume that would provide access between the street and the adjacent subway station and be compatible with the proposed development or enlargement on the zoning lot for joint approval and final certification by the MTA and the Chairperson. The MTA and the Chairperson shall comment on such site plan within 45 days of its receipt and may, within such 45-day period or following its expiration, permit the granting of an excavation permit while the location and size of the transit easement volume is being finalized. Upon joint approval of a site plan by the MTA and the Chairperson, copies of such certification shall be forwarded by the Chairperson to the Department of Buildings.

Legally enforceable instruments, running with the land, creating a transit easement volume, and setting forth the obligations of either the MTA or the owner and developer, their successors and assigns, to design and construct the improvement, shall be executed and recorded in a form acceptable to the MTA and the Chairperson. The execution and recording of such instruments shall be a precondition to the issuance of any foundation permit, new building permit, or alteration permit by the Department of Buildings allowing such development or enlargement.

(b)        Construction and Maintenance

Where a transit easement volume is required pursuant to this Section, transit access improvements within such volume shall be constructed and maintained either by the MTA or the owner of the zoning lot with the development or enlargement.

(1)        Where such mass transit improvement is constructed and maintained by the owner of the development or enlargement:

(i)        a transit access improvement shall be provided in accordance with standards set forth by the MTA;

(ii)        such improvement shall be accessible to the public at all times, except as otherwise approved by the MTA;

(iii)        such improvement shall include signs to announce accessibility to the public. Such signs shall be exempt from the maximum surface area of non-illuminated signs permitted by Section 32-642 (Non-illuminated signs); and

(iv)        no temporary certificate of occupancy shall be granted by the Department of Buildings for the building until the Chairperson of the City Planning Commission, acting in consultation with the MTA, has certified that the improvement is substantially complete and usable by the public.

(2)        Where such mass transit improvement is constructed and maintained by the MTA:

(i)        Where the construction of the improvement is not contemporaneous with the construction of the development or enlargement, any underground walls constructed along the front lot line adjacent to a below-grade subway station shall include a knockout panel, not less than 12 feet wide, below curb level down to the bottom of the easement. The actual location and size of such knockout panel shall be determined through consultation with the MTA.

(ii)        Temporary construction access shall be granted to the MTA on portions of the zoning lot outside of the transit easement volume, as necessary, to enable construction within and connection to the transit easement volume.

(iii)        In the event that the MTA has approved of obstructions associated with the development or enlargement within the transit easement volume, such as building columns or footings, such construction and maintenance shall exclude any such obstructions within the transit easement volume.

(c)        Additional modifications

Where a transit easement volume is required pursuant to paragraph (a) of this Section, the Chairperson of the City Planning Commission shall certify the following modifications in conjunction with such transit easement volume certification:

(1)        the edge of the transit easement volume facing the street shall be considered a street wall for the purposes of applying the street wall location provisions set forth in Section 142-40 (SPECIAL HEIGHT AND SETBACK REGULATIONS), inclusive, irrespective of whether such volume is incorporated into a building;

(2)        for zoning lots adjacent to a below-grade subway station, the maximum height for the building set forth in Section 142-40, inclusive, shall be increased by 10 feet, and the maximum number of stories, if applicable, shall be increased by one, except where the provisions of Section 142-48 (Special Regulations for Certain Sites in Subdistricts C and F) are being utilized;

(3)        the floor space contained within any transit easement volume required pursuant to this Section shall be excluded from the definition of floor area; and

(4)        the street frontage of such transit easement volume shall be excluded for the purpose of applying the provisions of Section 142-14 (Ground Floor Level Requirements).

(d)        Temporary Use

Any easement volume required on a zoning lot pursuant to paragraph (a) of this Section may be temporarily used for any permitted commercial or community facility uses until such time as required by the MTA for transit access improvements. The floor space allocated to such temporary uses within the transit easement volume shall continue to be exempt from the definition of floor area and shall not be included for the purpose of calculating accessory off-street parking, bicycle parking, or loading berths.

Improvements or construction of a temporary nature within the easement volume for such temporary uses shall be removed by the owner of the building or portion of the zoning lot within which the easement volume is located prior to the time at which public use of the easement area is required, except as otherwise specified by the MTA. A minimum notice of six months shall be given, in writing, by the MTA to the owner of the building or portion of the zoning lot to vacate the easement volume.

(e)        Termination of an easement volume

In the event that the MTA and the City Planning Commission jointly notify the Department of Buildings and the owner in writing that a transit easement volume is not required on a zoning lot in its final construction plans, the restrictions imposed on such zoning lot by the provisions of this Section shall lapse, following receipt of notification thereof by the owner, and the owner shall have the right to record an instrument reciting the consent of the MTA to the extinguishment of the easement volume.

On any zoning lot which has been developed or enlarged in accordance with the provisions of this Section and on which termination of transit easement has been certified, pursuant to this paragraph, any floor space in a previously required transit easement volume shall continue to be exempt from the definition of floor area and shall not be included for the purpose of calculating requirements for accessory off-street parking, bicycle parking or loading berths. However, where such previously required volume is located within a building, the ground floor space shall be subject to the provisions of Section 142-14.

The underlying use regulations are modified by the provisions of this Section, inclusive. In M1-4/R7A and M1-4/R9A Districts, the use regulations of Article XII, Chapter 3 (Special Mixed Use District) shall apply, except where modified by the provisions of this Section, inclusive.

Physical culture or health establishments shall be permitted as-of-right in C2-4, C4, C6-2, M1-4 and M1-5 Districts. For the purposes of applying the underlying regulations to such use, a physical culture or health establishment shall be considered a Use Group 9 use and shall be within parking requirement category B.

In Subarea B1, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, commercial or public utility vehicle storage, open or enclosed, including accessory motor fuel pumps, as listed in Use Group 16C, shall be a permitted use.

In Subareas B2 and B3, as shown on Map 1, all uses listed in Use Groups 3 and 4 shall be permitted uses, and Use Group 6A food stores, including supermarkets, grocery stores, or delicatessen stores, shall not be limited to floor area per establishment.

In Subdistrict D, as shown on Map 1, self-service storage facilities shall be permitted as-of-right in C6-2A Districts.

The development or enlargement of a building containing a transient hotel, as listed in Section 32-14 (Use Group 5), or the conversion or change of use within an existing building to a transient hotel, shall only be allowed in C2 Districts, subject to the locational criteria set forth in the double-asterisked footnote of Use Group 5 in Section 32-14, and in C4, C6 or M1 Districts:

(a)        upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings that the residential development goal, as set forth in this Section, has been met, or

(b)        where such residential development goal has not been met, by special permit by the City Planning Commission. To permit such a transient hotel, the Commission shall find that:

(1)        sufficient sites are available in the area to meet the residential development goal; or

(2)        a harmonious mix of residential and non-residential uses has been established in the area, and the transient hotel is consistent with the character of the surrounding area.

The Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the surrounding area.

For the purpose of applying the provisions of this Section, the residential development goal shall be met when at least 3,860 dwelling units within the Special Inwood District have received temporary or final certificates of occupancy subsequent to August 8, 2018.

In Subareas B2 and B3, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, the manufacturing uses permitted in M1 Districts shall be subject to the modifications set forth in Section 123-22 (Modification of Use Groups 16, 17 and 18), inclusive.

In C2 Districts mapped within R7 or R8 Districts, for buildings constructed after August 8, 2018, the underlying provisions of Section 32-421 (Limitation on floors occupied by commercial uses) shall be modified to permit commercial uses listed in Use Groups 6, 7, 8, 9 or 14 on the second story of a building occupied on one or more of its upper stories by residential uses or by community facility uses, and provided no commercial uses are located directly over any dwelling units.

Within the portion of the C2-4 District mapped within an R8A District and the portion of the C2-4 District mapped within an R9A District, located east of Tenth Avenue, south of West 207th Street, west of Ninth Avenue and north of West 206th Street, the underlying provisions of Section 32-421 (Limitation on floors occupied by commercial uses) shall be inapplicable. In lieu thereof, Section 32-422 (Location of floors occupied by commercial uses) shall apply.

In C4 or C6 Districts, the underlying provisions of Section 32-422 (Location of floors occupied by commercial uses) shall be modified for mixed buildings to permit dwelling units on the same story as a commercial use provided no access exists between such uses at any level containing dwelling units, and provided no commercial uses are located directly over any dwelling units. However, such commercial uses may be located over dwelling units by authorization of the City Planning Commission upon a finding that sufficient separation of residential uses from commercial uses exists within the building.

In Subareas A1, B2 and B3, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, no uses listed in Use Group 6A, 6C or 10A shall be permitted above the ground floor level.

In Subdistrict E, commercial and manufacturing activities and storage uses shall not be subject to the provisions of Section 42-41 (Enclosure of Commercial and Manufacturing Activities) or Section 42-42 (Enclosure or Screening of Storage).

For the purposes of applying the special ground floor level streetscape provisions set forth in Section 37-30 to this Chapter, any portion of a ground floor level street frontage along streets designated on Map 2 (Ground Floor Use and Curb Cut Regulations) in the Appendix to this Chapter shall be considered primary street frontages, and shall consist of Type 1, Type 2 and Type 3 primary street frontages. A ground floor level street frontage along any other street shall be considered a secondary street frontage except for frontages located within Subdistrict F. For the purposes of this Section, defined terms shall include those in Sections 12-10 and 37-311.

The provisions of this Section shall apply to developments or ground floor level enlargements.

(a)        Along primary street frontages

(1)        Type 1 primary street frontages

For buildings, or portions thereof, with Type 1 primary street frontage, uses on the ground floor level, to the minimum depth set forth in Section 37-32 (Ground Floor Depth Requirements for Certain Uses), shall be limited to non-residential uses, except for Type 1 lobbies and entrances and exits to accessory parking spaces provided in accordance with the applicable provisions of Section 37-33 (Maximum Width of Certain Uses). Group parking facilities located on the ground floor level shall be wrapped by floor area in accordance with the provisions of paragraph (a) of Section 37-35 (Parking Wrap and Screening Requirements). Ground floor level street walls shall be glazed in accordance with the provisions set forth in Section 37-34 (Minimum Transparency Requirements).

(2)        Type 2 primary street frontages

For buildings, or portions thereof, with Type 2 primary street frontage, all uses permitted by the underlying district shall be permitted on the ground floor level, provided that group parking facilities located on the ground floor level shall be wrapped by floor area in accordance with the provisions of paragraph (a) of Section 37-35.

(3)        Type 3 primary street frontages

For buildings, or portions thereof, with Type 3 primary street frontage, the following regulations shall apply to the ground floor level to a depth of 30 feet from the street line:

(i)        the maximum street wall width of a bank or loan office, as listed in Use Group 6C, shall not exceed 25 feet.

However, in Subarea A1 or B1, as shown on Map 1, for buildings containing predominantly commercial or public utility vehicle storage, including accessory fuel pumps, as listed in Use Group 16C, the screening provisions of paragraph (b) of Section 37-35 may be utilized as an alternative to such wrapping requirement and any transparency requirements need not apply.

(b)        Along secondary street frontages

For buildings, or portions thereof, with secondary street frontage, all uses permitted by the underlying district shall be permitted on the ground floor level, provided that any off-street parking spaces on the ground floor level shall be wrapped or screened in accordance with Section 37-35. Entrances and exits to accessory parking facilities shall be subject to the provisions of paragraph (b) of Section 37-33.

(c)        For blank walls

In Commercial Districts or Manufacturing Districts, except for portions of zoning lots located within Subdistrict F, any street wall width exceeding 50 feet with no transparent elements on the ground floor level shall provide planting or wall treatment in accordance with the provisions of Section 142-141 (Special Streetscape Provisions for Blank Walls).

The level of the finished floor of such ground floor shall be located not higher than five feet above nor lower than five feet below the as-built level of the adjoining street.

In C4-5D Districts, and in C2 Districts mapped within R7D Districts, the provisions of Section 32-434 (Ground floor use in C4-5D and C6-3D Districts and in certain C2 Districts) shall not apply. In lieu thereof, the provisions of this Section shall apply.

Where visual mitigation elements are required on a blank wall along the ground floor level street wall pursuant to the provisions of Section 142-14 (Ground Floor Level Requirements), at least 75 percent of the linear footage of any such blank wall shall be treated by any of the following visual mitigation elements, or both.

(a)        Planting

When planting is provided as a visual mitigation element, any combination of perennials, annuals, decorative grasses or shrubs shall be provided in planting beds, raised planting beds or planter boxes in front of the street wall. Each foot in width of a planting bed, raised planting bed or planter box, as measured parallel to the street wall, shall satisfy one linear foot of frontage mitigation requirement. Such planting bed shall extend to a depth of at least three feet, inclusive of any structure containing the planted material. Any individual planted area shall have a width of at least five feet, and the height of such planting, inclusive of any structure containing the planted materials, shall be at least three feet.

At least 25 percent of such street wall width shall be planted in accordance with the provisions of this paragraph.

(b)        Wall treatment

When a wall treatment is provided as a visual mitigation element, permitted signs, graphic or sculptural art, rustication, decorative screening or latticework, or living plant material, shall be provided along the street wall. Each linear foot of wall treatment shall constitute one linear foot of frontage mitigation requirement. Such wall treatment shall extend to a height of at least 10 feet, as measured from the level of the adjoining sidewalk or grade, and have a minimum width of 10 feet, as measured parallel to the street wall.

On waterfront blocks, the provisions of Section 62-31 (Bulk Computations on Waterfront Zoning Lots) shall be modified so that lot area that is seaward of the shoreline shall not be included for the purpose of determining allowable floor area or to satisfy any other bulk regulation.

In Subareas A2, A3 and B1, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, the floor area regulations shall be modified as follows:

For zoning lots other than shoreline adjacent lots the maximum residential floor area ratio shall be 4.6. For shoreline adjacent lots, the maximum residential floor area ratio shall be as set forth in paragraph (d) of Section 23-154 (Inclusionary Housing) for the particular district.

For zoning lots that are divided by zoning district boundary lines, floor area may be distributed within a zoning lot without regard to zoning district boundary lines.

Accessory parking located below a height of 33 feet shall be exempt from the definition of floor area.

In Subarea B2, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, all permitted uses shall have a permitted floor area ratio of 2.0. In Subarea B3, as shown on Map 1, the base floor area ratio shall be 5.0, and may be increased only in accordance with the provisions of this Section.

The Chairperson of the City Planning Commission shall allow, by certification, a transfer of floor area from a zoning lot located in Subarea B2 to a zoning lot located in Subarea B3 provided that the provisions of this Section are met. For the purpose of this Section, a “granting lot” shall mean a zoning lot within Subarea B2 that transfers floor area pursuant to this Section, and a “receiving lot” shall mean a zoning lot within Subarea B3 that receives additional floor area pursuant to this Section.

Such certification for a transfer of floor area shall be subject to the following conditions:

(a)        the maximum amount of floor area that may be transferred from a granting lot shall be based on a floor area ratio of 2.0, less the total floor area of all existing buildings on the granting lot and any previously transferred floor area;

(b)        each transfer, once completed, shall irrevocably reduce the amount of floor area that may be developed or enlarged on the granting lot by the amount of floor area transferred;

(c)        for developments or enlargements, which in the aggregate for both the granting lot and the receiving lot, involve an increase in the floor area of more than 20,000 square feet of the amount existing on August 8, 2018, a waterfront certification pursuant to Section 62-811 (Waterfront public access and visual corridors) has been granted; and

(d)        prior to the issuance of a building permit, as set forth in this Section, the owners of the granting lot and the receiving lot shall submit to the Chairperson a copy of the transfer instrument legally sufficient in both form and content to effect such a transfer. Notice of the restrictions upon further development or enlargement of the granting lot and the receiving lot shall be filed by the owners of the respective lots in the Office of the Register of the City of New York (County of New York). Proof of recordation shall be submitted to the Chairperson.

Both the transfer instrument and the notices of restrictions shall specify the total amount of floor area transferred and shall specify, by block and lot numbers, the granting lot and the receiving lot that are a party to such transfer.

An application filed with the Chairperson for certification pursuant to this Section shall be made jointly by the owners of the granting lot and the receiving lot, and shall include site plans and zoning calculations for the granting lot and receiving lot showing the additional floor area associated with the transfer, and any such other information as may be required by the Chairperson.

The Chairperson shall certify to the Department of Buildings that a development or enlargement is in compliance with the provisions of this Section only after the transfer instrument and notice of restrictions required by this Section have been executed and recorded with proof of recordation provided to the Chairperson. Such certification shall be a precondition to the filing for or issuing of any building permit allowing more than the basic maximum floor area ratio for such development.

A separate application shall be filed for each transfer of floor area to any zoning lot pursuant to this Section.

For zoning lots that are located partially in a Commercial District mapped within an R8A District and partially in a Commercial District mapped within an R9A District, residential floor area may transfer across the zoning district boundary from the Commercial District mapped within an R8A District to the Commercial District mapped within an R9A District.

The underlying yard regulations are modified by the provisions of this Section.

In M1-4/R7A and M1-4/R9A Districts, in Subareas A1 and B3 as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, and in the portion of the C2-4 District mapped within an R8A District or the portion of the C2-4 District mapped within an R9A District, located east of Tenth Avenue, south of West 207th Street, west of Ninth Avenue, and north of West 206th Street, no rear yard equivalents are required for through lots or through lot portions of a zoning lot.

In Subdistrict D, no rear yard is required along any portion of a rear lot line that is coincident with a lot line of the rail yard for the Metropolitan Transportation Authority located east of Tenth Avenue between West 207th Street and West 215th Street.

A waterfront yard, as defined in Section 62-11 (Definitions), shall be provided on any portion of a zoning lot located within 40 feet of the shoreline. Any other yard regulations shall be inapplicable within such portion of a zoning lot.

In Subareas A1 and B2, and in Subdistrict E, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, the height and setback regulations of the underlying districts shall apply.

In Subareas A2, A3, B1, B3 and B4, the height and setback regulations of the underlying district regulations are modified by Sections 142-41 through 142-47 shall apply, and all heights shall be measured from the base plane.

In Subdistricts C, D and F, the height and setback regulations of the underlying district regulations are modified by Sections 142-48 (Special Regulations for Certain Sites in Subdistricts C and F) and 142-49 (Height and Setback for Certain Zoning Lots in Subdistricts C and D), as applicable.

In Subareas A2, A3, B1, B3 and B4, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, the provisions of Section 33-42 (Permitted Obstructions) shall apply to all buildings. In addition, along all street frontages, dormers may penetrate a maximum base height in accordance with the provisions of paragraph (c)(1) of Section 23-621 (Permitted obstructions in certain districts), and balconies shall be permitted in conjunction with residential uses as set forth in Section 23-132 (Balconies in R6 through R10 Districts).

In Subareas A2, A3 and B1, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, for zoning lots other than shoreline adjacent lots, the height and setback regulations for R7A Districts set forth in Sections 23-662 (Maximum height of buildings and setback regulations) and 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), as applicable, shall apply.

The street wall location requirements of paragraph (b) of Section 35-651 shall apply to street frontages along and within 50 feet of Ninth Avenue, and the street wall requirements of paragraphs (a)(1) and (2) of Section 35-651 shall apply along all other street frontages of the zoning lot. The street wall articulation provisions of paragraph (e) of Section 35-651 shall apply along all street frontages.

In Subarea A2, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, for shoreline adjacent lots, the following height and setback regulations shall apply:

(a)        Street wall location

The street wall location requirements of paragraph (b) of Section 35-651 shall apply to street frontages along and within 50 feet of Ninth Avenue, and the street wall requirements of paragraphs (a)(1) and (2) of Section 35-651 shall apply along all other street frontages of the zoning lot. For the purposes of applying such regulations, all street walls shall extend to at least the minimum base height set forth in paragraph (b) of this Section, or the height of the building, whichever is less. The street wall articulation provisions of paragraph (e) of Section 35-651 shall apply along all street frontages.

(b)        Base height and setbacks

The minimum base height shall be 60 feet on all street frontages. Within R9A Districts, or C1 or C2 Districts mapped within R9A Districts, the maximum base height shall be 105 feet. Within R8 Districts, or C1 or C2 Districts mapped within R8 Districts, the maximum base height before setback shall be 105 feet if the building’s maximum overall height does not exceed 155 feet, or 85 feet if a building is developed with a tower in accordance with the regulations of paragraph (e) of this Section.

At a height not lower than the minimum base height nor higher than the maximum base height specified for the applicable district, a setback with a minimum depth of 10 feet shall be provided from the street wall of the base. The provisions of paragraphs (c)(2) through (c)(4) of Section 23-662 (Maximum height of buildings and setback regulations) shall apply to such setbacks.

(c)        Within 70 feet of the shoreline

Within 70 feet of the shoreline, the height of a building along 30 percent of the length of a zoning lot, as measured parallel to Ninth Avenue, shall be limited to a maximum height of 30 feet, and the height along the remaining 70 percent may rise to a maximum height of 85 feet.

(d)        Maximum building height

The maximum building height shall be 155 feet, except where towers are provided in accordance with paragraph (e) of this Section.

(e)        Optional tower regulations

For zoning lots that have a lot area of more than one acre, a “tower” shall be permitted above a height of 125 feet, provided that:

(1)        the gross area of any story shall not exceed 9,000 square feet, except that any dormers provided within the setback area shall not be included in such gross area;

(2)        the gross area of any story above 205 feet shall not exceed 90 percent of the gross area of the highest story that is located entirely below a height of 205 feet;

(3)        no portion of such tower shall be located within 80 feet of the shoreline;

(4)        the width of such tower shall not exceed 100 feet, as measured parallel to Ninth Avenue. Such width shall be measured in plan and shall include the total width of the combined lot coverage of all stories above 125 feet; and

(5)        The maximum height of such tower shall not exceed 245 feet.

Zoning lots with a lot area in excess of 1.5 acres may contain a second tower, provided that the heights of the two towers differ by at least 50 feet from each other, and provided that the combined width of the towers does not exceed 140 feet, as measured parallel to Ninth Avenue. Such width shall be measured in plan and shall include the total width of the combined lot coverage of all stories above 125 feet.

In Subarea A3, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, for shoreline adjacent lots, the height and setback regulations of this Section shall apply:

(a)        Base along West 207th Street and Ninth Avenue

Along the West 207th Street and Ninth Avenue frontages, all buildings shall have a minimum base height of 60 feet, or the height of the building, whichever is less, and a maximum base height of 105 feet. The street wall location requirements of paragraph (a)(1) and (2) of Section 35-651 shall apply along both streets. The boundary of any easement required for a street or sidewalk widening pursuant to Section 142-64 shall be considered the street line for the purpose of this Section.

At a height not lower than the minimum base height nor higher than the maximum base height, a setback with a minimum depth of 10 feet shall be provided from the street wall of the base. The provisions of paragraphs (c)(2) through (c)(4) of Section 23-662 (Maximum height of buildings and setback regulations) shall apply to such setbacks.

(b)        Within 70 feet of the shoreline

Within 70 feet of the shoreline, the maximum building height shall be 85 feet.

(c)        Within 30 feet of former West 208th Street

Within 30 feet of Former West 208th Street, as shown on Map 1 in the Appendix to this Chapter, the height of a building along 30 percent of the length of a zoning lot, as measured along the former extent of West 208th Street, shall not exceed 30 feet, and the height of the remaining 70 percent may rise to a maximum height of 85 feet.

(d)        Maximum building height

Within the portion of the zoning lot that is beyond 100 feet of West 207th Street, the maximum building height shall be limited to 145 feet. Within the portion of the zoning lot that is within 100 feet of West 207th Street, the maximum building height shall be 175 feet, except where towers are provided in accordance with paragraph (e) of this Section.

(e)        Optional tower regulations

For zoning lots that have a lot area of more than one acre, a “tower” shall be permitted above a height of 175 feet within the portion of the zoning lot that is within 100 feet of West 207th Street, provided that:

(1)        the gross area of any story shall not exceed 10,000 square feet, except that any dormers provided within the setback area shall not be included in such gross area;

(2)        the gross area of any story above 255 feet shall not exceed 90 percent of the gross area of the highest story that is located entirely below a height of 255 feet; and

(3)        The maximum height of such tower shall not exceed 295 feet.

In Subarea B1, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, for shoreline adjacent lots, the height and setback regulations of Section 142-43 (Height and Setback for Sites in Subarea A2 With More Than 100 Feet of Shoreline) shall apply, except that paragraph (e) of such Section shall be modified to allow the gross area of any story in a tower to be up to 10,000 square feet and to rise to a height of 265 feet, provided that the gross area of any story above 225 feet shall not exceed 90 percent of the gross area of the highest story that is located entirely below 225 feet. The visual corridor located between a line parallel to and 20 feet south of the prolongation of the centerline of West 218th Street and a line parallel to and 30 feet north of such centerline established by Section 142-60 (INWOOD WATERFRONT ACCESS PLAN) shall be treated as a narrow street line for the purposes of applying all height and setback regulations.

In Subarea B3, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, the maximum building height shall be 125 feet within 10 feet of a street line. Beyond 10 feet of a street line, the maximum building height shall be 265 feet.

In Subarea B4, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, the height of a building within 10 feet of a street line shall not exceed 125 feet. Portions of buildings located beyond 10 feet of a street line may rise to a maximum height of 210 feet. Any development or enlargement with frontage on West 218th Street must provide a sidewalk widening with a minimum depth of five feet along such frontage. Any development or enlargement with frontage on Ninth Avenue must provide a sidewalk widening with a minimum depth of five feet along such frontage.

In Subdistrict C, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, and in Subdistrict F, for buildings developed pursuant to the bulk regulations for Quality Housing buildings, the underlying height and setback provisions shall be modified for zoning lots that share a side lot line with an adjacent zoning lot that is developed with a building constructed prior to December 15, 1961 that contain residences with legally required windows facing and located within 15 feet of the shared side lot line.

The street wall location provisions of paragraph (b)(1) of Section 35-651 shall apply except that where an adjoining zoning lot contains residences with legally required windows facing and within 15 feet of a shared side lot line, the street wall of a building need not extend along the entire street frontage of such a zoning lot if an open area is provided above the level of the first story or a height of 15 feet, whichever is lower, along the entire shared side lot line. Where such an open area is provided, the street frontage of such open area may be excluded for the purpose of applying the street wall location provisions of paragraph (b)(2) of Section 35-651.

In addition, where an open area with a depth of at least 15 feet, as measured perpendicular from the shared side lot line, and is provided in the form of a recess, court or other open area is provided along shared side lot line, and such open area is provided adjacent to all portions of a building on an adjoining zoning lot that contain legally required windows facing and located within 15 feet of the shared side lot line, the maximum height for the building set forth in Section 23-662, 23-664, 35-652 or 35-654, as applicable, may be increased by 10 feet; and the maximum number of stories, if applicable, may be increased by one.

Zoning lots may apply the regulations of this Section along multiple side lot lines where applicable, but in no case shall the permitted building height be increased by more than one story or 10 feet, whichever is lower.

In Subdistricts C and D, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, all non-residential buildings in C4 and C6 Districts shall follow the height and setback regulations of paragraph (b) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors) for the applicable residential equivalent.

In Subdistrict D, all developments or enlargements on zoning lots within M1-4/R7A and M1-4/R9A Districts shall follow the height and setback regulations of paragraph (b) of Section 23-664, for the applicable Residence District, except portions of zoning lots that are located within 30 feet of West 201st Street shall be limited to a maximum building height to 85 feet.

In Subdistrict D, for portions of zoning lots located within 100 feet of a street that contains an elevated rail line, the underlying height and setback regulations shall be modified as follows, and as set forth in Section 142-491:

(a)        the minimum required base height shall be 25 feet;

(b)        the maximum permitted building height shall be 165 feet and the maximum number of stories shall be 16 in C6-2A, C4-4D, and in C2 Districts mapped within R8A Districts;

(c)        the maximum permitted building height shall be 135 feet and the maximum number of stories shall be 13 in C4-5D Districts; and

(d)        along the frontage of a street that contains an elevated rail line, the street wall location regulations of paragraph (a)(1) of Section 35-651 shall apply.

The underlying height and setback regulations shall be further modified for the following areas within Subdistrict D:

(a)        for portions of zoning lots located in Subarea D2, the maximum permitted base height shall be 75 feet;

(b)        for portions of zoning lots located in Subarea D3, the maximum permitted base height shall be 65 feet; and

(c)        for portions of zoning lots located in Subarea D4, the maximum permitted base height shall be 85 feet, and for portions of a development or enlargement containing residences, the maximum permitted base height shall be 65 feet.

Except for within Subdistrict F, as shown on Map 1 (Special Inwood District-Subdistricts and Subareas) in the Appendix to this Chapter, the requirements of Sections 25-23 (Requirements Where Group Parking Facilities Are Provided) are modified to require accessory residential off-street parking spaces for a minimum of 20 percent of new residences. The number of accessory off-street parking spaces required may be reduced or waived as set forth in the underlying district regulations, including as set forth in Sections 25-251 through 25-253.

Within Subdistrict F, for buildings developed pursuant to the Quality Housing bulk regulations, if at least 20 percent of the residential floor area of the development consists of income-restricted housing units, the requirements of Sections 25-23 are modified to require accessory residential off-street parking spaces for a minimum of 20 percent of new residences. For purposes of this Section, the definition of income-restricted housing units shall be modified such that the income-restricted housing units must be affordable to households with incomes at or below 60 percent of the income index. The number of accessory off-street parking spaces required may be reduced or waived as set forth in the underlying district regulations, including as set forth in Sections 25-251 through 25-253. Prior to issuance of a building permit for such development, the Department of Housing Preservation and Development shall certify to the Department of Buildings that such development complies with the affordability provisions of this Section.

In Subdistricts A, B, C, D, and E, no accessory parking is required for new commercial or community facility uses in mixed buildings in C2-4 and C4 Districts.

In Subdistrict F, no accessory parking is required for commercial or community facility uses in mixed buildings developed after August 8, 2018, pursuant to the Quality Housing bulk regulations in C2-4 and C4 Districts.

All required or permitted accessory off-street parking spaces may be made available for public use. However, any such space shall be made available to the occupant of a residence to which it is accessory within 30 days after written request for such space is made to the landlord.

142-55

Curb Cuts

Curb cuts accessing off-street parking facilities or loading berths shall not be permitted along the streets specified as a Type 1 or Type 2 primary street on Map 2 (Special Inwood District – Ground Floor Use and Curb Cut Regulations) in the Appendix to this Chapter on zoning lots that also have frontage on a street that is not specified on Map 2.

The provisions of Article VI, Chapter 2 (Special Regulations Applying in the Waterfront Area), shall apply, except as superseded, supplemented or modified by the provisions of this Section, inclusive.

Map 4 (Waterfront Access Plan: Parcel Designation), Map 5 (Waterfront Access Plan: Public Access Areas) and Map 6 (Waterfront Access Plan: Visual Corridors) in the Appendix to this Chapter show the boundaries of the area comprising the Inwood Waterfront Access Plan, boundaries of parcels within the Plan and the location of certain features mandated or permitted by the Plan.

The Plan has been divided into parcels consisting of tax blocks and lots and other lands as established on August 8, 2018, as follows:

Parcel 1:                block 2215, lots 877 and 885; and block 2197, lots 67, 71, 74 and 174

Parcel 2/3:            block 2197, lots 47 and 75

Parcel 4:                block 2197, portion of lot 1

Parcel 5:                block 2188, lot 1

Parcel 6:                block 2187, lots 1, 5, 7 and 20

Parcel 7:                block 2185, lots 25, 36 and 51

Parcel 8:                block 2185, lots 1 and 10

Parcel 9:                block 2184, lots 20 and 40

Within the Special Inwood District, the parcels of land designated in this Section need not be contiguous for the area to be considered to be a Waterfront Access Plan pursuant to Section 62-911.

For the purposes of this Section, inclusive, defined terms shall include those listed in Section 12-10 (DEFINITIONS) and Section 62-11 (Definitions).

For the purposes of determining requirements for waterfront public access areas, lot area shall not include any portion of a zoning lot that is seaward of the shoreline. For the purposes of determining the applicability of waterfront public access area requirements, pursuant to Section 62-52, all zoning lots with portions located within 40 feet of the shoreline shall be considered waterfront zoning lots.

On Parcel 1, as shown on Map 4 (Waterfront Access Plan: Parcel Designation) in the Appendix to this Chapter, for the purposes of calculating the total waterfront public access area requirements on a “granting lot,” as described in Section 142-23 (Floor Regulations in Subarea B2 and B3), lot area shall be the combined lot area of all “granting lots” and all “receiving lots.”

In Tip of Manhattan Subdistrict B, for Parcels 1 and 2/3, as shown on Map 4 (Waterfront Access Plan: Parcel Designation) in the Appendix to this Chapter, the following regulations shall apply.

(a)        Applicability of waterfront public access area requirements to Use Group 16

In Subarea B1, as shown on Map 1, developments of buildings containing exclusively commercial or public utility vehicle storage, including accessory fuel pumps, as listed in Use Group 16C, shall be exempted from waterfront public access area requirements.

(b)        Shore public walkways

On Parcel 1, no shore public walkway shall be required.

(c)        Upland connections

On Parcel 2/3, upland connections shall be provided along the shared boundary between Parcels 1 and 2/3, and within the area located between a line parallel to and 20 feet south of the prolongation of the centerline of West 218th Street and a line parallel to and 30 feet north of such centerline.

(d)        Supplemental public access areas

(1)        on Parcel 1, supplemental public access area shall be bounded by Ninth Avenue to the west, the shared boundary of Parcels 1 and 2/3 to the south, and the stabilized shore to the east. Section 62-571 (Location and area requirements for supplemental public access areas) shall not apply to such supplemental public access area;

(2)        on Parcel 2/3, supplemental public access area, if required, shall be located at the intersection of the upland connection and the shore public walkway. Section 62-571 shall be modified to allow the longest side of such supplemental public access area to adjoin the upland connection provided that the maximum depth measured perpendicular to the upland connection does not exceed 1.5 times the width measured parallel to the upland connection.

(e)        Visual corridors

Visual corridors shall be provided at three locations as shown on Map 6 (Waterfront Access Plan: Visual Corridors) in the Appendix to this Chapter:

(1)        within the prolongation of the street lines of West 220th Street;

(2)        within the prolongation of the street lines of Ninth Avenue;

(3)        within the area located between a line parallel to and 20 feet south of the prolongation of the centerline of West 218th Street and a line parallel to and 30 feet north of such centerline. In the event that such visual corridor abuts an open area with a minimum depth of 20 feet along the entire length of such visual corridor, and an easement for such open area has been recorded against the property, the minimum dimension of a visual corridor set forth in Section 62-512 (Dimensions of visual corridors) may be reduced to 30 feet.

In the Sherman Creek Subdistrict A, Parcels 5, 6, 7, 8 and 9, as shown on Map 4 (Waterfront Access Plan: Parcel Designation) in the Appendix to this Chapter, the following regulations shall apply.

(a)        Shore public walkways

(1)        Waterfront zoning lots that have a shoreline measuring more than 100 feet shall provide a shore public walkway as required by Section 62-53 (Requirements for Shore Public Walkways).

(2)        Zoning lots within or partially within 40 feet of the shoreline that do not abut the shoreline, or that contain a shoreline measuring 100 feet or less shall provide either:

(i)        a shore public walkway, located partly on the zoning lot and partly on an adjoining waterfront zoning lot; or

(ii)        a shore public walkway on any portion of the zoning lot within 40 feet of the shoreline. Such shore public walkway shall have a minimum width of 14 feet, and its pedestrian circulation path shall connect to and provide access from adjoining public streets, parks or public places. Such shore public walkway shall extend beyond 40 feet of the shoreline as necessary to satisfy the minimum dimensional requirements, but the total area of the shore public walkway need not exceed an area equivalent to that portion of the zoning lot within 40 feet of the shoreline. The provisions of Section 62-62 (Design Requirements for Shore Public Walkways and Supplemental Public Access Areas) shall be modified to allow the circulation path to have a minimum width of 10 feet and to be located entirely beyond 10 feet from the shoreline. In addition, for Parcels 6, 7 or 8, the planting requirements set forth in paragraph (c)(1) of Section 62-62 need not apply.

Where the zoning lot does not include all of the adjacent shoreline, the design of the shore public walkway shall be compatible with the future improvement of public access areas on the land between the zoning lot and the shoreline.

(3)        The primary circulation path required pursuant to Section 62-62 shall be provided at a minimum elevation of 7.5 feet above the shoreline, except that such requirement need not include portions of a circulation path that slope downward to meet the elevation of an existing publicly accessible sidewalk.

(b)        Supplemental public access areas

On Parcel 5, no supplemental public access area shall be required.

(a)        Section 62-811 (Waterfront public access and visual corridors) shall not apply to Parcel 5, as shown on Map 4 (Waterfront Access Plan: Parcel Designation) in the Appendix to this Chapter. In lieu thereof, the following regulations shall apply:

Required Certification


No excavation or building permit shall be issued for any development on Parcel 5 until the Chairperson of the City Planning Commission has certified to the Department of Buildings, that:

(1)        a site plan has been submitted showing compliance with the provisions of Sections 62-50 (GENERAL REQUIREMENTS FOR VISUAL CORRIDORS AND WATERFRONT PUBLIC ACCESS AREAS) and 62-60 (DESIGN REQUIREMENTS FOR WATERFRONT PUBLIC ACCESS AREAS) as modified by Section 142-60 (INWOOD WATERFRONT ACCESS PLAN);

(2)        the Chairperson has certified that an easement, the requirements for which shall be determined in consultation with the Department of Transportation, has been provided to enlarge the adjoining mapped streets, an instrument creating such easement has been recorded in the Office of the City Register, and a certified copy of such easement has been submitted to the Department of City Planning; and

(3)        an acceptable restrictive declaration is executed and filed pursuant to Section 62-74 (Requirements for Recordation).

(b)        Buildout of Adjoining Streets

No certificate of occupancy for any development on Parcel 5 shall be issued until the Department of Buildings has been furnished with a certification by the Department of Transportation that adjoining mapped streets have been built out to Department of Transportation standards.

Within 45 days of receipt of a complete application, the Chairperson shall either certify that the proposed development complies with the requirements of this Section or disapprove such application, citing the nature of any failure to comply. Failure to certify or disapprove such application within the 45 day period will release the Department of Buildings or the Department of Small Business Services from any obligation to withhold the excavation or building permit and authorize such agency to determine compliance with the provisions of this Section.

APPENDIX

Special Inwood District Plan

        

Map 1.        Special Inwood District – Subdistricts and Subareas

Zoning Resolutions Chapter 2: Special Inwood District APPENDIX.0

Map 2.        Special Inwood District – Ground Floor Use and Curb Cut Regulations

Zoning Resolutions Chapter 2: Special Inwood District APPENDIX.1

Map 3.        Special Inwood District – Transit Easement Zones

Zoning Resolutions Chapter 2: Special Inwood District APPENDIX.2

Map 4.        Waterfront Access Plan: Parcel Designation

Zoning Resolutions Chapter 2: Special Inwood District APPENDIX.3

Map 5.        Waterfront Access Plan: Public Access Areas

Zoning Resolutions Chapter 2: Special Inwood District APPENDIX.4

Map 6.        Waterfront Access Plan: Visual Corridors

Zoning Resolutions Chapter 2: Special Inwood District APPENDIX.5

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