R6 R7-1

In the districts indicated, and in C2 Districts mapped within these districts, any building containing residences, long-term care facilities or philanthropic or non-profit institutions with sleeping accommodations that is constructed in accordance with the bulk regulations of this Chapter shall be considered a Quality Housing building and shall comply with the provisions of Article II, Chapter 8 (The Quality Housing Program) of this Resolution.

R6 R7-1

In the districts indicated, and in C2 Districts mapped within these districts, the regulations for a Mandatory Inclusionary Housing area shall apply. The locations of Mandatory Inclusionary Housing areas are shown on the maps in APPENDIX F of this Resolution.

For mixed buildings, the underlying provisions of Section 32-421 (Limitation on floors occupied by non-residential uses) shall not apply. In lieu thereof, Use Groups 6, 7, 8, 9 or 14, other than offices listed in Use Group 6B, shall not be located above the level of the second story ceiling. Offices shall be permitted above the level of the second story, provided that where any floor space allocated to such offices is located on the same story as a dwelling unit, no access exists between such uses, and further provided that no floor space allocated to such offices is located directly over dwelling units.

(a)        Non-residential entrances

Within Subdistrict A, on designated streets, as shown on Map 3 (Ground Floor Use and Transparency Requirements) in the Appendix to this Chapter, the requirements of this paragraph (a) shall apply to any building or other structure fronting on such streets. These provisions shall also apply to the frontage of buildings along Open Space A. Access to each ground floor commercial establishment or community facility establishment shall be provided directly from a street or from Open Space A.

(b)        Residential entrances

Eighty percent of all ground floor dwelling units with frontage only on Redfern Avenue shall have a primary entrance directly accessible from Redfern Avenue.

In C2 Districts, the street wall location regulations of the underlying district shall apply except as modified in this Section.

(a)        In C2 Districts mapped within R6 and R7-1 Districts, at least 70 percent of the aggregate width of street walls shall be located within eight feet of the street line and shall extend to at least the minimum base height specified in Section 136-222 (Minimum and maximum base height), or the height of the building, whichever is less. Up to 30 percent of the aggregate width of street walls may be recessed beyond eight feet of the street line, provided that any such recesses deeper than 10 feet along a wide street or 15 feet along a narrow street are located within an outer court. For zoning lots bounded by more than one street line, these street wall location requirements shall be mandatory on only one street line.

(b)        In C2 Districts mapped within R5 Districts, at least 70 percent of the aggregate width of street walls shall be located within eight feet of the street line and shall extend to a height of 30 feet, or the height of the building, whichever is less. Up to 30 percent of the aggregate width of street walls may be recessed beyond eight feet of the street line, provided that any such recesses deeper than 10 feet along a wide street or 15 feet along a narrow street are located within an outer court. For zoning lots bounded by more than one street line, these street wall location requirements shall be mandatory on only one street line.

(c)        Below a height of 15 feet or the height of the second story floor, whichever is lower, no recesses shall be permitted within 30 feet of the intersection of two street lines except recesses that do not exceed a depth of 12 inches.

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

Existing buildings may be vertically enlarged by up to one story or 15 feet, without regard to the street wall location requirements of this Section.  

R6  R7-1

In the districts indicated, and in C2 Districts mapped within these districts, the minimum and maximum heights before setback of a street wall required pursuant to Section 136-221 (Street wall location) shall be as set forth in the following table:

At a height not lower than the minimum base height nor higher than the maximum base height specified for the applicable district in this Section, a setback with a depth of at least 10 feet shall be provided from any street wall fronting on a wide street, and a setback with a depth of at least 15 feet shall be provided from any street wall fronting on a narrow street. 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.

R6 R7-1

In the districts indicated, and in C2 Districts mapped within these districts, the height of a building or other structure shall not exceed the maximum height or the maximum number of stories, whichever is less, as shown on Map 4 (Maximum Building Height) in the Appendix to this Chapter.

The provisions of Section 136-221 (Street wall location) shall apply within Subdistrict A, except as provided in this Section.  

(a)        For portions of buildings or building segments with frontage on Redfern Avenue located between the prolongation of the northerly street line of Dix Avenue and a line 150 feet south of and parallel to Nameoke Street, the street wall location rules of Section 136-221 shall not apply. In lieu thereof, paragraph (b) of Section 23-661 (Street wall location) shall apply.  

(b)        For Street Wall A and Street Wall B, as shown on Map 7 (Mandatory Street Walls and Flexible Public Open Space Locations) in the Appendix to this Chapter, the provisions of Section 136-221 shall not apply. In lieu thereof, the provisions of this Section shall apply.  

(1)        Street Wall A

Buildings on the west side of Open Space A shall have a street wall located along the required sidewalk widening on Mott Avenue, shown as a line designated A1 on Map 7, except that street wall articulation set forth in paragraph (e) of Section 35-651 (Street wall location) shall be permitted. Beyond 112 feet of Redfern Avenue, the street wall shall be located no closer to Central Avenue than the line designated A2 as shown on Map 7.

(2)        Street Wall B

Street walls fronting Open Space A shall be located no closer to Redfern Avenue than as shown as a line designated B1 on Map 7. The street walls of buildings on the east side of Open Space A with frontage on Mott Avenue shall be located no closer to Mott Avenue than as shown as lines designated B2 and B3 on Map 7. Portions of street walls with frontage on Mott Avenue, located so that a line drawn perpendicular to the line designated B3 intersects such street walls, shall be located no further than 30 feet from B3. Street walls fronting Central Avenue shall be located no closer to Central Avenue than as shown for the line designated B4 on Map 7, and shall be located no further than 30 feet from B4.

(c)        For blocks with a dimension of less than 100 feet between streets or private streets that are parallel or do not intersect, the provisions of Section 136-221 shall be modified to require a minimum of 40 percent of the aggregate width of street walls to be located within eight feet of the street line and to extend to at least the minimum base height specified in Section 136-222 (Minimum and maximum base height), or the height of the building, whichever is less.

All street walls governed by this Section shall extend to the minimum base height specified in Section 136-313 (Minimum and maximum base height), or the height of the building, whichever is less.

For each building within Subdistrict A, where the aggregate width of street walls is greater than 90 feet, a minimum of 20 percent of the surface area of street walls below the maximum base height and above the level of the first story shall be recessed beyond three feet of the street line. Portions of street lines with no street walls may be counted towards the recess requirements of this Section. No portion of such minimum recessed area shall be located within 30 feet of the intersection of two street lines. However, such minimum recessed area shall be permitted within 30 feet of Redfern Avenue, except at the intersection of Redfern Avenue and Mott Avenue.

Within Subdistrict A, the provisions of Section 136-222 (Minimum and maximum base height) shall not apply. In lieu thereof, for residential buildings, mixed buildings and commercial buildings, the provisions of this Section shall apply. The street wall height and setback regulations of the underlying district shall apply except as modified in this Section.

(a)        The minimum and maximum heights before setback of a street wall required pursuant to Section 136-221 (Street wall location), shall be as set forth in the following table:

¹        Within 300 feet of Mott Avenue, the minimum base height shall be 20 feet

²        The maximum base height for the portion of a building subject to the 65 foot or six story maximum height provisions of Section 136-314 shall be 65 feet

(b)        Dormers

The provisions of paragraph (c) of Section 23-623 (Permitted obstructions in certain districts) shall be modified to allow dormers as a permitted obstruction within the required front setback distance above a maximum base height, as follows:

(1)        Within 75 feet of intersecting streets, dormers shall be permitted without limitation on width.

(2)        Where dormers are provided pursuant to paragraph (b)(1) of this Section, and such dormers exceed the maximum width permitted pursuant to paragraph (c) of Section 23-623, for any portion of a building with an aggregate width of street walls greater than 75 feet, a setback shall be provided above the maximum base height between such dormer and any other dormer for a width of at least 20 feet, or the remaining width of such street wall, as applicable.

(3)        Beyond 75 feet of intersecting streets, the provisions of paragraph (c) of Section 23-623 shall apply. The width of any dormers provided pursuant to the provisions of paragraph (b)(1) of this Section shall be included in the aggregate width of all dormers.

However, the provisions of this paragraph (b) shall not apply to portions of buildings with frontage on Redfern Avenue, except that these provisions shall apply to portions of buildings with frontage on both Redfern Avenue and Mott Avenue.

The height of a building or other structure shall not exceed the maximum building height or the maximum number of stories, whichever is less, as shown on Map 5 (Maximum Building Height Within Subdistrict A) in the Appendix to this Chapter. However, within 75 feet of the intersection of the southerly cross street with Redfern Avenue, and within 75 feet of the intersection of the northerly cross street with Redfern Avenue, the maximum height for buildings or other structures shall be six stories or 65 feet, whichever is less. Any such 65 foot or six story maximum building height limit falling within 300 feet of Mott Avenue shall only extend to a depth of 25 feet from Redfern Avenue, after which the maximum building height and maximum number of stories shown on Map 5 shall apply.

Within the Tower Location Area shown on Map 5 (Maximum Building Height Within Subdistrict A) in the Appendix to this Chapter, the height of a building may exceed the height limits specified in Section 136-314 (Maximum building height) only as set forth in this Section. Any portion of a building above a height of 125 feet shall hereinafter be referred to as a “tower.”

(a)        Towers shall be located within portions of zoning lots bounded by intersecting street lines and lines parallel to and 200 feet from each intersecting street line.  

(b)        Towers shall be separated from one another by a minimum distance of 60 feet, measured in all horizontal directions.  

(c)        The outermost walls of each story of a building located entirely above a height of 125 feet shall be measured in plan view and inscribed within a rectangle. The maximum length of such rectangle shall be 170 feet. The maximum length of any other side of such rectangle shall be 100 feet. For the purposes of this Section, abutting portions of buildings above a height of 125 feet shall be considered a single tower.  

(d)        To permit portions of a building to rise from grade to a tower portion without setback, the setback provisions of Section 136-313 (Minimum and maximum base height) shall not apply to any portion of a building located within 100 feet of intersecting street lines.

(e)        The maximum height of a tower shall be 155 feet or 15 stories, whichever is lower.

(f)        No more than two towers shall be permitted within Subdistrict A.

The outermost walls of each story of a building located entirely above a height of 95 feet shall be measured in plan view and inscribed within a rectangle. The maximum length of any side of such rectangle shall be 170 feet. For the purposes of this Section, abutting portions of buildings above a height of 95 feet shall be considered a single building.

The requirements of this Section shall apply to zoning lots containing developments or enlargements within the current or former Downtown Far Rockaway Urban Renewal Area.

No building permit shall be issued for any development or enlargement until the Chairperson of the City Planning Commission certifies to the Department of Buildings that such development or enlargement complies with the provisions of this Section.

The Chairperson shall certify that:

(a)        all publicly accessible open spaces adjacent to the proposed development or enlargement comply with the provisions of Section 136-324 (Publicly accessible open space requirements);

(b)        the location of private streets adjacent to the proposed development or enlargement complies with the provisions of Section 136-323 (Private streets); and

(c)        for any portion of Subdistrict A outside the area of the proposed development or enlargement for which a certification pursuant to this Section has not been obtained, the applicant has submitted sufficient documentation showing that the development or enlargement that is the subject of this certification, and any associated private streets and publicly accessible open spaces required to be constructed in conjunction with such development or enlargement, shall not preclude such undeveloped portions of Subdistrict A from complying with the provisions of Sections 136-323 and 136-324 under future certifications pursuant to this Section.

All required private streets and publicly accessible open spaces, once certified in accordance with the provisions of this Section, shall be duly recorded in the form of a signed declaration of restrictions, including provisions for the maintenance and operation of such private streets and publicly accessible open spaces, indexed against the property, binding the owners, successors and assigns to provide and maintain such private streets and publicly accessible open spaces in accordance with the plans certified by the Chairperson. Such declaration, or any maintenance and operation agreement with the City or its designee executed in connection with such declaration, shall require that adequate security be provided to ensure that the private streets and public access areas are maintained in accordance with the declaration and any related maintenance and operation agreement and are closed only at authorized times. The filing of such declaration in the Borough Office of the Register of the City of New York shall be a precondition for the issuance of a building permit.

In addition, the private streets and publicly accessible open spaces integral to the development or enlargement of a building, as indicated in the plans certified by the Chairperson, shall be recorded on the certificate of occupancy for such building by the Department of Buildings. The recording information of the declaration of restrictions shall be included on the certificate of occupancy for any building, or portion thereof, issued after the recording date.

The property owner shall be responsible for the construction and maintenance of all required private streets and publicly accessible open spaces on the zoning lot. No temporary or final certificate of occupancy shall be issued for any building adjacent to such private street or publicly accessible open space until all required improvements are completed, except as set forth in a phasing plan that has been incorporated in a signed and duly recorded declaration of restrictions, and that has provided for interim improvements and access where these do not present conflicts with construction, staging or public safety.

For buildings developed or enlarged after September 7, 2017, where the development or horizontal enlargement fronts upon designated streets as shown on Map 8 (Sidewalk Widenings) in the Appendix to this Chapter, the provisions of this Section shall apply.

A sidewalk widening is a continuous, paved open area along the street line of a zoning lot, located within the zoning lot. A sidewalk widening shall be provided along streets as shown on Map 8, to the extent necessary, so that a minimum sidewalk width of 13 feet or 18 feet, as applicable, is achieved, including portions within and beyond the zoning lot. Such depth shall be measured perpendicular to the street line. Sidewalk widenings shall be improved as sidewalks to Department of Transportation standards, at the same level as the adjoining public sidewalk and shall be directly accessible to the public at all times. No enlargement shall be permitted to decrease the depth of such sidewalk widening to less than such minimum required depth.

Lighting shall be provided with a minimum level of illumination of not less than two horizontal foot candles throughout the entire mandatory sidewalk widening. Lighting fixtures installed by the Department of Transportation within the street adjacent to such sidewalk widening shall be included in the calculation of the required level of illumination.

Where a continuous sidewalk widening is provided on the zoning lot, along the entire block frontage of a street, the boundary of the sidewalk widening within the zoning lot shall be considered to be the street line for the purposes of Sections 136-22 (Height and Setback Regulations) and 136-31 (Special Height and Setback Regulations Within Subdistrict A).

In Subdistrict A, private streets shall be accessible to the public at all times, except when required to be closed for repairs, and for no more than one day each year in order to preserve the private ownership of such area. Private streets shall have a minimum width of 60 feet. Private streets shall be constructed to Department of Transportation standards for public streets. Sidewalks shall have a minimum clear path of seven feet on each side of such private streets along their entire length. Such private streets shall be located as shown on Map 6 (Publicly Accessible Private Streets) in the Appendix to this Chapter. One street tree shall be planted for every 25 feet of curb length of each private street. Fractions equal to or greater than one-half resulting from this calculation shall be considered to be one tree. Such trees shall be planted at approximately equal intervals along the entire length of the curb of the private street.

The private street network shall be established as follows:

(a)        a central street shall connect Open Space A with Nameoke Avenue, as shown on Map 6. However, if the centerline of the new street is not within five feet of the extended centerline of Brunswick Avenue, then the easterly curb of the new street shall be greater than 50 feet from the extended line of the westerly curb of Brunswick Avenue;

(b)        a southerly cross street shall connect Redfern Avenue with the central street, intersecting Redfern Avenue within the area shown on Map 6. However, if the centerline of the new street is not within five feet of the extended centerline of Dix Avenue, then the northerly curb of the new street shall be greater than 50 feet from the extended line of the southerly curb of Dix Avenue;

(c)        a northerly cross street shall connect Birdsall Avenue with Bayport Place, intersecting Redfern Avenue so that the centerline of the new street is within five feet of the extended centerline of Birdsall Avenue and within five feet of the centerline of Bayport Place.

Publicly accessible open spaces shall be provided within Flexible Open Space A Location and Flexible Open Space B Location, as applicable, as shown on Map 7 (Mandatory Street Walls and Flexible Public Open Space Locations) in the Appendix to this Chapter. Open Space A shall contain a minimum of 23,000 square feet, and Open Space B shall contain a minimum of 7,000 square feet.

(a)        A portion of the required publicly accessible open space located within Open Space A shall have a minimum width of 80 feet within 55 feet of Mott Avenue. Open Space A shall extend from Mott Avenue to the nearest private street required pursuant to Section 136-323 (Private streets), and shall maintain a minimum width of 60 feet.

(b)        Publicly accessible open spaces shall comply with the provisions of Sections 37-725 (Steps), 37-726 (Permitted obstructions), 37-727 (Hours of access) 37-728 (Standards of accessibility for persons with disabilities), 37-73 (Kiosks and Open Air Cafes), 37-74 (Amenities) and 37-75 (Signs), except for the following modifications:

(1)        Section 37-73 (Kiosks and Open Air Cafes) shall be modified as follows:

(i)        paragraph (a) of Section 37-73 shall be modified to permit a kiosk to occupy an area no greater than 400 square feet within Open Space A, provided that such kiosk has a maximum width, measured along the same axis as the minimum width of Open Space A pursuant to paragraph (a) of this Section, of 20 feet, and provided that any canopies, awnings or other sun control devices extending from such kiosk shall be limited to a distance of five feet from such kiosk;

(ii)        paragraph (b) of Section 37-73 shall be modified to limit the aggregate area of open air cafes to no more than 40 percent of the publicly accessible open space, to allow open air cafes to occupy up to 50 percent of street frontage along Mott Avenue, and to eliminate the requirement that open air cafes be located along the edge of the publicly accessible open space; and

(iii)        paragraphs (c) and (d) of Section 37-73 shall not apply to the certification of open air cafes in the Special District, and the filing of plans for open air cafes in the Borough Office of the City Register shall not be required;

(2)        Section 37-741 (Seating) shall be modified as follows:

(i)        the requirement for a minimum of one linear foot of required seating for every two linear feet of street frontage within 15 feet of the street line shall not apply;

(ii)        the requirement of one linear foot of seating for each 30 square feet of public plaza area shall be modified to one linear foot of seating for each 60 square feet of publicly accessible open space; and

(iii)        seating for open air cafes may count toward the seating requirement, in the category of moveable seating, provided that 50 percent of the linear seating capacity is provided through other seating types;

(3)        For Open Space A, Section 37-742 (Planting and trees) shall be modified to require that at least 15 percent of the area of the publicly accessible open space shall be comprised of planting beds with a minimum dimension of two feet, exclusive of any bounding walls. For Open Space B, Section 37-742 (Planting and trees) shall be modified to eliminate the requirement for such planting beds;

(4)        Section 37-743 (Lighting) shall be modified to provide that for publicly accessible open spaces fronting on Mott Avenue, the lighting fixtures installed by the Department of Transportation within the street shall be included in the calculation of the required level of illumination;

(5)        Section 37-744 (Litter receptacles) shall be modified to require a minimum of one litter receptacle per 5,000 square feet of publicly accessible open space;

(6)        Entry plaques for publicly accessible open spaces shall be provided as described in paragraph (a) of Section 37-751 (Public space signage systems), except that one such plaque shall be located at each point of entry from a street to such publicly accessible open space; and

(7)        Section 37-753 (Accessory signs) shall be modified as follows:

(i)        paragraphs (a), (c) and (d) shall not apply;

(ii)        paragraph (b) shall be modified to permit non-illuminated or illuminated accessory signs, and the permitted surface area of such signs shall be as permitted by the underlying district, as if the publicly accessible open space were a street; and

(iii)        paragraph (e) shall be modified to permit any number of accessory signs within the publicly accessible open space, subject to the remaining provisions of such paragraph (e).