In the Barge Basin Subdistrict, as shown on Map 5 in the Appendix to this Chapter, the height and setback regulations set forth in Section 43-40 (HEIGHT AND SETBACK REGULATIONS), inclusive, shall apply, as modified by the provisions of this Section.

For purposes of applying the height and setback provisions of this Section, the street walls of abutting buildings shall be considered a single building street wall.

(a)        Sidewalk widening

A sidewalk widening shall be provided along Kent Avenue to the extent necessary so that a minimum width of 15 feet is achieved, including portions within and beyond the zoning lot. Such sidewalk widening shall be:

(1)        improved as a sidewalk to Department of Transportation standards;

(2)        at the same level as the adjoining public sidewalk; and

(3)        accessible to the public at all times.

The interior boundary of the sidewalk widening shall be considered the street line for the purposes of this Section.

(b)        Establishing street lines along Barge Basin

For the purposes of applying the height and setback regulations of this Section to portions of buildings fronting Barge Basin and prolongations thereof, the following shall be considered street lines along a wide street:

(1)        Along the long dimension of the Barge Basin

Along the long dimension of the Barge Basin a line offset 40 feet northeast from the northeastern boundary of the Barge Basin in the Barge Basin East Subarea, and a line offset 50 feet southwest from the southwestern boundary of the Barge Basin in the Barge Basin West Subarea, shall be considered street lines.

The area between the Barge Basin and such street lines shall be improved as publicly accessible areas in accordance with the applicable provisions of Section 144-30 (SPECIAL PUBLIC ACCESS AREA REGULATIONS), inclusive.

(2)        Along the short dimension of the Barge Basin

Along the short dimension of the Barge Basin, the southeasterly boundaries of the Barge Basin Subdistrict, including the boundary extending from the centerline prolongation of Taylor Street, and the boundary constructed from an offset of the southeastern terminus of the Barge Basin, shall be considered street lines.

Within the area between the Barge Basin and such street lines shall be an area adjacent to the short dimension of the Barge Basin that connects the Barge Basin East Subarea pedestrian esplanade and the Barge Basin West Subarea pedestrian esplanade that shall be:

(i)        improved as a sidewalk to Department of Transportation standards;

(ii)        at the same level as the adjoining public sidewalk; and

(iii)        accessible to the public at all times the public access areas are required to be open to the public, pursuant to Section 144-33 (Hours of Operation).

The locations of these street lines, are shown on Map 5 in the Appendix to this Chapter.

(c)        Street wall location, and articulation

At least 70 percent of the aggregate width of street walls facing Barge Basin shall be located within eight feet of the street line and shall extend to at least a minimum base height of 30 feet, or two stories, whichever is lower. The remaining aggregate width of street walls may be recessed beyond eight feet of the street line, provided that any recesses deeper than 10 feet are located within an outer court.

Any open area between a street wall and the street lines along Barge Basin that is within eight feet of such street line shall be improved as publicly accessible areas in accordance with the applicable provisions of Section 144-30, inclusive. Open areas between the street line and street walls that are beyond eight feet of such street line may be publicly accessible areas, as needed, to achieve the minimum percentage of public access area required by each Subarea pursuant to Section 144-31 (Required Public Access Area).

For those portions of buildings facing Barge Basin with a street wall width exceeding 200 feet, a minimum of 20 percent of the surface area of such street wall up to the height of the second story, or 30 feet, whichever is lower, and a maximum of 50 percent of such surface area, shall either recess or project from the remaining surface area of the street wall by a minimum of three feet. Building projections shall be a permitted obstruction within any open area between the street wall and street line, including publicly accessible areas, provided that the minimum percentage of public access area required by each Subarea pursuant to Section 144-31 remains open to the sky. Additional permitted obstructions are allowed in accordance with paragraph (a) of Section 144-32 (Design Requirements).

(d)        Base heights, required setbacks, and dormers

The front setback provisions applicable to an M1-5 District set forth in Section 43-43 (Maximum Height of Front Wall and Required Front Setbacks) shall apply, except as modified by the provisions of this Section. The alternate front setback regulations of Section 43-44 (Alternate Front Setbacks) shall not apply.

(1)        Initial setback distances

The initial setback distance regulations shall be modified as follows:

(i)        along the Barge Basin, such initial setback distance shall have a depth of at least 30 feet from the street line;

(ii)        along all other wide streets, such initial setback distance shall have a depth of at least 15 feet from the street line; and

(iii)        such initial setback distance shall be provided at a height not lower than the minimum base height, where applicable, nor higher than a maximum base height of 85 feet, or six stories, whichever is lower.

(2)        Dormers

Along the Barge Basin frontages, dormers shall be a permitted obstruction within an initial setback distance, provided that:

(i)        the depth of such dormers does not exceed 10 feet for buildings fronting along the northeastern boundary of the Barge Basin or 20 feet for buildings fronting along the southwestern boundary;

(ii)        the street wall width of such dormer does not exceed 30 percent of the street wall width of the building above the maximum base height; and

(iii)        the street wall width of such dormer along a single tower does not exceed 100 feet.

(e)        Towers

The allowances for towers to penetrate a sky exposure plane applicable to an M1-5 District, as set forth in Section 43-45 (Tower Regulations), shall apply, except as modified by the provisions of this Section.

The tower allowances shall be modified as follows:

(1)        for the purposes of determining the lot area a tower may occupy, the Barge Basin East Subarea and the Barge Basin West Subarea shall each be considered an individual zoning lot;

(2)        the underlying setback provisions, including the aggregate area permitted within 40 feet of a wide street, shall not apply. In lieu thereof, the setbacks and dormer allowances set forth in paragraph (d) of this Section shall apply; and

(3)        the street wall width of a tower fronting Barge Basin shall not exceed 200 feet within 200 feet of the street line fronting Barge Basin.