Official Journal of the City of New York - September 2, 2020
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Source: Official Journal of the City of New York
3388
THE CITY RECORD
A publicly accessible private street is a way specified on Map 2 in the Appendix to this Chapter that functions as a street for the purposes of general public use, including vehicular and pedestrian traffic, and is open and unobstructed from its ground level to the sky, except by streetscape elements required or permitted by the provisions of this Chapter.
127-05
Applicability of District Regulations 127-051
Applicability of the Quality Housing Program Within Subdistrict A and Subdistrict B, 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 Quality Housing shall apply. The bulk regulations of this Chapter shall be considered the applicable bulk regulations for Quality Housing buildings.
127-052
Applicability of the Inclusionary Housing Program For the purposes of applying the Inclusionary Housing Program provisions set forth in Sections 23-154 and 23-90, Mandatory Inclusionary Housing areas within the Special Flushing Waterfront District are shown in APPENDIX F Inclusionary Housing Designated Areas and Mandatory Inclusionary Housing Areas of this Resolution.
127-053
Applicability of Article VI, Chapter 1
The provisions of Article VI, Chapter 1 Special Regulations Applying Around Major Airports shall apply, except as modified in accordance with the provisions of this Chapter.
127-054
Applicability of Article VI, Chapter 2
The provisions of Article VI, Chapter 2 Special Regulations Applying in the Waterfront Area shall apply in all waterfront areas, except as modified in accordance with the provisions of this Chapter.
127-055
Applicability of Article VI, Chapter 4
The provisions of Article VI, Chapter 4 Special Regulations Applying in Flood Hazard Areas shall apply. In the event of a conflict between the provisions of this Chapter and Article VI, Chapter 4, the provisions of Article VI, Chapter 4 shall control.
127-056
Applicability of Article XII, Chapter 3
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 as modified by the provisions of this Chapter, and shall supplement or supersede the provisions of the designated Residence District or M1 District, as applicable.
127-10
SPECIAL USE REGULATIONS
Within the Special Flushing Waterfront District, the use regulations of the underlying zoning districts and of Article VI, Chapter 2 Special Regulations Applying in the Waterfront Area, and Article XII, Chapter 3 Special Mixed Use District, shall apply, except as modified by the provisions of this Section, inclusive.
127-11
Location of Residential Use Within Buildings The provisions of Section 32-422 Location of floors occupied by commercial uses shall be modified 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.
127-12
Physical Culture or Health Establishments The provisions of Section 73-36 Physical Culture or Health Establishments shall not apply. In lieu thereof, physical culture or health establishments shall be permitted as-of-right. 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.
WEDNESDAY, SEPTEMBER 2, 2020
REGULATIONS, inclusive, shall apply for any signs.
127-20
SPECIAL BULK REGULATIONS
For the purpose of applying the bulk regulations of this Section, inclusive, Subdistricts A, B and C, as shown on Map 1 in the Appendix to this Chapter, shall be considered waterfront blocks.
Within Subdistricts A and B, the applicable bulk regulations of the underlying districts and of Article VI, Chapter 2 Special Regulations Applying in the Waterfront Area, and Article XII, Chapter 3 Special Mixed Use District, shall apply, except as modified by the provisions of this Section, inclusive.
Within Subdistrict C, the applicable bulk regulations of the underlying districts and of Article VI, Chapter 2 shall apply.
All upland connections, visual corridors, shore public walkways and publicly accessible private streets, shall be considered streets and their boundaries shall be considered street lines for the purposes of applying all bulk regulations, except that such streets shall not subdivide a zoning lot. Furthermore, such streets shall be considered part of the zoning lot for the purpose of applying the floor area regulations of this Section, inclusive.
127-21
Special Floor Area Regulations The floor area provisions of Section 62-32 Maximum Floor Area Ratio and Lot Coverage on Waterfront Blocks and applicable regulations shall apply except as modified in this Section, inclusive.
a Floor space for accessory off-street parking The floor area of a building shall not include floor space used for accessory off-street parking spaces provided in any story located not more than 33 feet above the height of the base plane.
b Special floor area regulations for mixed use districts For M1 Districts paired with a Residence District, located inside a Mandatory Inclusionary Housing area, the applicable maximum floor area ratio provisions of paragraph d of Section 23-154 Inclusionary Housing or Section 23-155 Affordable independent residences for seniors shall apply to all residential uses. In addition, the maximum floor area ratio shall be 4.8 for community facility uses, 3.0 for commercial uses and 3.0 for manufacturing uses.
127-22
Special Yard Regulations On waterfront zoning lots, the waterfront yard provisions of Section 62-33 Special Yard Regulations on Waterfront Blocks and grading requirements of paragraph a of Section 64-82 Modification of Waterfront Regulations Relating to Level of Yards, Visual Corridors and the Ground Floor shall apply, except as modified as follows:
a for all waterfront zoning lots, as defined in Section 6211 Definitions, whose developments are comprised predominantly, as defined in Section 62-11, of uses in Use Groups 16, 17 and 18, a waterfront yard, as also defined in Section 62-11, shall be provided in accordance with the provisions of Section 62-332 Rear yards and waterfront yards; and b the grading requirements of paragraph a of Section 64-82 may be modified pursuant to a certification by the Chairperson of the City Planning Commission as set forth in Section 127-61 Certification for Interim Grading Conditions.
On zoning lots that are not waterfront zoning lots, no yard regulations shall apply.
127-23
Special Height and Setback Regulations The height and setback provisions of paragraphs a4 of Section 62-341 Developments on land and platforms shall apply except as modified in Section 127-231 Permitted obstructions. The remaining provisions of Section 62-341 shall be superseded by the provisions of this Section, inclusive.
The height of all buildings or other structures shall be measured from the base plane, except where modified by specific provisions of this Section, inclusive, or by the provisions of Article VI, Chapter 4.
Sidewalk widenings shall be provided along specified street frontages and at specified depths as set forth on Map 3 Requirements Along Street Frontages in the Appendix to this Chapter. Such sidewalk widening shall be improved to Department of Transportation standards for sidewalks, and be at the same level as the adjoining sidewalk.
127-13
Sign Regulations
127-231
Permitted obstructions
For M1 Districts paired with a Residence District, the provisions regulating signs in C4 Districts, as set forth in Section 32-60 SIGN
The permitted obstruction provisions of paragraph a4 of Section 62341 Developments on land and platforms shall be modified as follows:
