116-623

Height and setback regulations

The provisions of Section 62-341 (Developments on land and platforms) shall apply, except as modified in this Section.

(a)        Initial setback distance

The provisions of paragraph (a)(2) of Section 62-341 shall be modified for buildings located on portions of a zoning lot where the distance between the edge of the stabilized shore and a landward zoning lot line is less than 150 feet. The depth of such initial setback distance from the boundary of a shore public walkway may be reduced to five feet, provided that at least 40 percent of the width of each story required to be set back above the minimum base height is set back no less than 10 feet from the boundary of the shore public walkway.

(b)        Measurement of height

The provisions of paragraph (a)(3) of Section 62-341 shall apply, except for the purpose of this Section, base plane shall refer to an elevation of 16.8 feet above Richmond Datum.

(c)        Permitted obstructions

The provisions of paragraphs (a)(4)(i) and (ii) of Section 62-341 shall not apply. Dormers and penthouse portions of a building shall not be considered permitted obstructions above a maximum base height.

(d)        Maximum base height

The maximum base height provisions of paragraph (c)(1) of Section 62-341 shall apply, except a building or other structure, or a portion thereof, located within an initial setback distance, shall rise to a height of at least 25 feet or two stories, whichever is less, and may not exceed a maximum base height of 55 feet or five stories, whichever is less.

(e)        Maximum building height and tower size

The maximum residential tower size provisions of paragraph (c)(4) of Section 62-341 shall not apply. For the purposes of this paragraph (e), any portion of a building that exceeds a height of 55 feet or five stories, whichever is less, shall be considered a tower. Buildings with tower portions fronting on Edgewater Street shall not exceed a height of 120 feet above the base plane or 12 stories, whichever is less. The height of any other building with tower portions shall not exceed a height of 110 feet above the base plane, or 11 stories, whichever is less. Each story within a tower portion of a building shall not exceed a gross area of 10,000 square feet up to a height of 90 feet or nine stories, whichever is less, and each story above a height of 90 feet or nine stories, whichever is less, shall not exceed a gross area of 8,100 square feet. All stories within the tower portions of buildings shall be bounded on all sides by open areas on the zoning lot. For zoning lots with three or more buildings, no more than two buildings shall contain towers.

(f)        Floor area distribution

The provisions of paragraph (c)(3) of Section 62-341 shall not apply.

(g)        Street wall articulation facing shore public walkways

The provisions of paragraph (c)(5) of Section 62-341 shall apply. In addition, for portions of buildings fronting on a shore public walkway with an aggregate width of street wall greater than 200 feet, such street walls shall provide a recess at least five feet deep and 55 feet wide, unobstructed from the lowest level of the building to the sky. In no event shall a street wall extend along a shore public walkway for a distance greater than 130 feet without providing such a recess. Furthermore, above the height of the second story, such street walls shall provide at least one additional recess with a minimum depth of five feet and a minimum width or, where applicable, an aggregate width, of at least 40 feet.

(h)        Streetscape provisions

The streetscape provisions of paragraph (c)(6) of Section 62-341 shall not apply. In lieu thereof, the following provisions shall apply:

(1)        Lobbies

A residential lobby, extending along at least 30 percent of the aggregate width of street walls shall be provided, but need not be wider than 35 feet. Transparent glazing materials shall occupy at least 40 percent of the surface area of the street wall of the lobby, measured between a height of two and 10 feet above the level of the adjoining grade.

A lobby to a commercial or community facility use shall have a minimum width of 20 feet. Transparent glazing materials shall occupy at least 50 percent of the surface area of the street wall of the lobby, measured between a height of two feet above the level of the adjoining grade and a height 12 feet above the level of the first finished floor.

In the event of a conflict between the provisions of this paragraph (h)(1) and the construction standards of the Federal government or Appendix G of the New York City Building Code, the requirements of this paragraph shall not apply.

(2)        Parking garage wall treatment

For any level within a building where accessory off-street parking is provided, such parking shall be screened from the street line or waterfront public access area with a street wall that is at least 50 percent opaque. Each one-foot square portion of such street wall shall comply individually with this requirement. Such required wall treatment may be interrupted by vehicular or pedestrian entrances. In addition to the wall treatment, the screening requirements of Section 62-655 (Planting and trees) shall apply.

For buildings with street walls that are more than 50 feet in width and located within 50 feet of a waterfront public access area or street, at least 70 percent of the width of such street walls shall contain floor area at the first story located completely above the base plane.

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