The provisions of this Chapter shall apply within the Special Bay Street Corridor 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 The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter.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.

District maps are located in Appendix A of 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 Bay Street Corridor District, Subdistricts and Subareas

Map 2 - Location of Visual Corridors

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

Subdistrict A
Subdistrict B
Subdistrict C
Subdistrict D
Subdistrict E
Subdistrict F

 Within Subdistrict B, subareas are established as follows:

Subarea B1
Subarea B2

 Within Subdistrict D, subareas are established as follows:

Subarea D1
Subarea D2

The location and boundaries of these subdistricts are shown on Map 1 (Special Bay Street Corridor District and Subdistricts) in Appendix A of this Chapter.

For the purposes of applying to this Chapter the special ground floor level streetscape provisions set forth in Section 37-30, any portion of a ground floor level street frontage along Bay Street, as well as any ground floor level street frontage within 50 feet of Bay Street or along Prospect Street, shall be considered a primary street frontage. A ground floor level street frontage along any other street shall be considered a secondary street frontage. For the purposes of this Section, inclusive, 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

For buildings, or portions thereof, with 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).

For zoning lots with a lot area of less than 5,000 square feet existing both on June 26, 2019 and on the date of application for a building permit, the provisions of this paragraph (a) shall not apply. In lieu thereof, the provisions of paragraph (b) of this Section shall apply.

In flood zones, visual mitigation elements shall be provided in accordance with the provisions for Type 3 blank walls set forth in Section 37-361 (Blank wall thresholds).

(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 accessory off-street parking spaces on the ground floor level shall be wrapped or screened in accordance with Section 37-35.

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.

Within the Special Bay Street Corridor District, breweries, as listed in Use Group 18A, shall be permitted in Commercial Districts provided that:

(a)        the size of such brewery does not exceed 30,000 square feet; and

(b)        any brewery developed or enlarged after June 26, 2019, shall contain an accessory eating or drinking establishment.

For the purposes of applying the underlying regulations, such brewery shall be considered a Use Group 11A use and shall be within parking requirement category PRC-F. The performance standards for an M1 District set forth in Section 42-20, inclusive, shall apply to such breweries.

In Subdistricts A, B and C, the underlying provisions of Section 32-421 (Limitation on floors occupied by commercial uses) shall be modified as follows:

(a)        For mixed buildings, offices, as listed in Use Group 6B, shall be permitted on the lowest two stories of a building, provided that no access exists between such offices and any residential uses;

(b)        For commercial buildings, the provisions restricting the location of uses listed in Use Groups 6A, 6B, 6C, 7, 8, 9 or 14 to two stories, shall not apply; and

(c)        Any brewery developed or enlarged in accordance with the provisions of Section 135-14, shall be subject to the provisions of Section 32-421.

The underlying floor area regulations are modified by the provisions of this Section. For the purpose of this Section, defined terms include those set forth in Sections 12-10 and 23-911.

The table below sets forth the maximum floor area ratio of a zoning lot for each Subdistrict. Column 1 sets forth the maximum floor area ratio for commercial uses other than offices, as listed in Use Group 6B, and Column 2 sets forth the maximum floor area ratio for offices. Column 3 sets forth the maximum floor area ratio for residences, other than MIH sites and affordable independent residences for seniors, that are subject to the provisions of paragraph (d)(4)(i) or (d)(4)(iii) of Section 23-154 (Inclusionary Housing). Column 4 sets forth the maximum residential floor area ratio for MIH sites where either affordable floor area is provided in accordance with the provisions of paragraphs (d)(3)(i) through (d)(3)(iv) or paragraph (d)(5) of Section 23-154, or where a contribution to the affordable housing fund is made in accordance with paragraph (d)(3)(v) of such Section. Column 4 also sets forth the maximum floor area ratio for community facility uses, other than long-term care facilities. Column 5 sets forth the maximum floor area ratio for zoning lots containing affordable independent residences for seniors or long-term care facilities.

For zoning lots with buildings containing multiple uses or for zoning lots with multiple buildings containing different uses, the maximum floor area ratio for each use shall be as set forth in the table, and the maximum floor area ratio for the zoning lot shall not exceed the greatest floor area ratio permitted for any such use on the zoning lot.

MAXIMUM FLOOR AREA RATIO

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

The maximum residential lot coverage for interior lots or through lots shall be 65 percent, and the maximum residential lot coverage for corner lots shall be 100 percent.

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

In Subdistrict A, no rear yard or rear yard equivalent need be provided for commercial buildings, community facility buildings, or the portion of a mixed building containing commercial or community facility uses.

The underlying street wall location provisions are modified by the provisions of this Section.

(a)        Along Bay Street or Prospect Street

Along Bay Street or Prospect Street, and along streets within 50 feet of their intersection with Bay Street, the following street wall regulations shall apply:

(1)        At least 70 percent of the aggregate width of street walls of a building shall be located within eight feet of the street line, and shall rise without setback up to at least the minimum base height specified in Section 135-25 (Special Height and Setback Regulations), or the height of the building, whichever is lower. Pursuant to Section 135-31 (Special Visual Corridor Requirements), required visual corridors shall be considered streets.

(2)        For developments or horizontal enlargements of buildings, or portions thereof, within the flood zone where no transparent materials are provided on the ground floor level street wall below a height of four feet above the level of the adjoining sidewalk, pursuant to the provisions of Sections 135-11 (Ground Floor Use Regulations) and 37-34 (Minimum Transparency Requirements) for a continuous distance of more than 25 feet, such street wall shall be located at least three feet beyond the street line. Such street wall shall not be located beyond five feet of the street line. Such street wall shall provide visual mitigation elements in accordance with the provisions for Type 2 blank walls set forth in Section 37-361 (Blank wall thresholds), and any area between the street wall and the sidewalk that does not contain any planting material pursuant to the provisions of Section 37-362 (Mitigation elements) shall be improved to Department of Transportation standards for sidewalks.

(3)        A minimum of 20 percent of the surface area of such street walls above the level of the first story shall be recessed a minimum of three feet. In addition, up to 30 percent of such street wall may be recessed at any level, provided that any recesses deeper than 10 feet are located within an outer court. Furthermore, no recesses greater than three feet shall be permitted within 30 feet of the intersection of two street lines.

(b)        Along Van Duzer Street

Along Van Duzer Street, and along streets within 50 feet of their intersection with Van Duzer Street, the underlying street wall location regulations shall apply.

(c)        Along all other streets

Along all streets that are not subject to paragraphs (a) or (b) of this Section, at least 50 percent of the aggregate width of street walls shall be located within 15 feet of the street line. The remaining aggregate width of street walls may be recessed beyond 15 feet of the street line, provided that any such recesses deeper than 10 feet are located within an outer court. Where the street wall of a building, or an individual segment thereof, exceeds the maximum base height established in Section 135-25, such street wall shall rise without setback to at least the minimum base height specified in Section 135-25.

The underlying allowances for street wall articulation, set forth in paragraph (d) of Section 23-661 or paragraph (e) of Section 35-651, as applicable, shall be permitted to project or recess beyond the street wall locations established in paragraphs (a), (b) or (c) of this Section.

The underlying height and setback provisions are modified by the provisions of this Section.

Pursuant to Section 135-31 (Special Visual Corridor Requirements), required visual corridors shall be considered streets. Such visual corridors shall be considered wide streets for the purposes of applying the height and setback regulations of this Section.

(a)        Base heights and maximum building heights

The table below sets forth the minimum and maximum base height, the maximum transition height, where applicable, the maximum height of a building or other structure and the maximum number of stories for buildings in the Special Bay Street Corridor District.

In all subdistricts, a setback is required for all portions of buildings or other structures that exceed the maximum base height specified for the subdistrict, and shall be provided in accordance with paragraph (b) of this Section.

In Subdistrict A and Subarea B1, any portion of a building or other structure located above the maximum transition height, and in Subarea B2 and Subdistrict C, any portion of a building or other structure located above the maximum base height, shall be subject to the maximum street wall width restrictions set forth in paragraph (c) of this Section.

MAXIMUM BASE HEIGHTS AND MAXIMUM BUILDING HEIGHTS

(b)        Required setbacks

At a height not lower than the minimum base height or higher than the maximum base height specified for the subdistrict in the table in paragraph (a), a setback with a depth of at least 15 feet shall be provided from any street wall fronting on a narrow street, and a setback with a depth of at least 10 feet shall be provided from any street wall fronting on a wide street.

In addition, the underlying 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)        Maximum street wall width in Subdistricts A, B and C

In Subdistricts A, B and C, the maximum building height set forth in the table in paragraph (a) shall only be permitted within 100 feet of streets intersecting Bay Street. In addition, in Subdistrict A and Subarea B2, such maximum building height shall be permitted beyond 100 feet of streets intersecting Bay Street, provided that the maximum street wall width above the maximum base height does not exceed 100 feet.

In all such Subdistricts, at least 60 feet of separation shall exist between any portions of buildings located above such maximum transition height, or maximum base height, as applicable.

(d)        Dormer provisions

The underlying dormer provisions of paragraph (c) of Section 23-623 (Permitted obstructions in certain districts) shall apply, except that no dormer shall be permitted above a height of 85 feet, or above the maximum height of the building or other structure permitted in paragraph (a) of this Section, whichever is less.

Within the Special Bay Street Corridor District, visual corridors shall be provided east of Bay Street, prolonging Swan Street, Clinton Street, and Grant Street, as shown on Map 2 in the Appendix to this Chapter. The location of the visual corridor prolonging Grant Street may be located anywhere within the flexible location designated on Map 2.

(a)        General Requirements

The boundaries of visual corridors shall be considered street lines for the purposes of applying the use, bulk and parking provisions of this Resolution, except that such portion of the zoning lot:

(1)        shall continue to generate floor area ;

(2)        may be included for the purposes of calculating lot coverage ; and

(3)        shall be permitted to accommodate open, unscreened, tandem (one behind the other) accessory off-street parking spaces, provided that any such parking spaces are provided in accordance with DOT standards for on-street parking.

Such visual corridors shall be a minimum of 60 feet wide and shall be improved in accordance with paragraph (b) of this Section

(b)        Required improvements

All required visual corridors shall be improved as follows:

(1)        Where a visual corridor is utilized to provide access to accessory off-street parking, such visual corridor shall be improved to the minimum Department of Transportation (DOT) standards for public streets, from its intersection with Bay Street to at least the curb cut provided to such accessory off-street parking, or as deep as necessary to accommodate any parking located on the visual corridor, as applicable. Any remaining portion of the visual corridor may be improved in accordance with the standards in paragraph (b)(2)(ii) of this Section.

(2)        Where a visual corridor does not provide access to accessory off-street parking, such visual corridors, may either:

(i)        be improved to the minimum DOT standards for public streets; or

(ii)        be improved to provide an open area, as follows:

(a)        a minimum of 20 percent of the open area shall be planted with any combination of perennials, annuals, decorative grasses, shrubs or trees in planting beds, raised planting beds or planter boxes. Such planting bed shall extend to a depth of at least three feet, inclusive of any structure containing the planted material, and any individual planted area shall have a width of at least five feet;

(b)        the remainder of the open area, as applicable, may contain any combination of:

(1)        streetscape amenities including, but not limited to, benches or tables and chairs;

(2)        entertainment amenities including, but not limited to, water features, playgrounds, dog runs, game tables, courts or skateboard parks;

(3)        unenclosed eating or drinking establishments; or

(4)        streetscape-enhancing amenities including, but not limited to, lighting or sculptural artwork.

(c)        In no event shall fencing be permitted in any open area of the visual corridor, except along the portion of a lot line adjacent to a railroad right-of-way.

In mixed buildings, the underlying parking requirements shall apply, except that for the purposes of determining the parking requirement for commercial uses other than offices, as listed in Use Group 6B, the equivalent of 0.5 floor area ratio, or the amount of non-office commercial floor area in the building, whichever is less, may be deducted from the floor area used to determine such commercial parking calculation.

The underlying residential parking waivers shall apply only to zoning lots existing both on June 26, 2019, and on the date of application for a building permit.

All accessory off-street parking spaces may be provided within public parking garages. Such spaces may also be provided within parking facilities on zoning lots other than the same zoning lot as the use to which they are accessory, provided:

(a)        such parking facilities are located either:

(1)        within the Special Bay Street Corridor District; or

(2)        outside the Special Bay Street Corridor District, subject to the underlying provisions for off-site parking spaces set forth in Sections 25-52 (Off-site Spaces for Residences), 25-53 (Off-site Spaces for Permitted Non-residential Uses), 36-42 (Off-site Spaces for Residences) or 36-43 (Off-site Spaces for Commercial or Community Facility Uses), as applicable;

(b)        each off-street parking space within such facility is counted only once in meeting the parking requirements for a specific zoning lot; and

(c)        in no event shall the number of accessory parking spaces within such facility exceed that permitted in accordance with the underlying regulations.

For the purposes of applying the underlying loading regulations, the requirements for C2 Districts mapped within an R7 District shall apply to all Commercial Districts in the Special Bay Street Corridor District.

In addition, the underlying loading regulations shall be modified as follows:

(a)        the requirements of Section 36-60, inclusive, shall not apply to changes of uses;

(b)        the provisions of Sections 36-63 (Special Provisions for a Single Zoning Lot With Uses Subject to Different Loading Requirements) and 36-64 (Wholesale, Manufacturing, or Storage Uses Combined With Other Uses) shall not apply; and

(c)        the minimum length requirements for loading berths accessory to commercial uses, other than funeral establishments, set forth in Section 36-681 (Size of required berths) shall be increased to 37 feet.

For zoning lots existing on June 26, 2019, with frontage along Bay Street and along another street frontage, no curb cut accessing off-street parking spaces or loading spaces shall be permitted along Bay Street.