Chapter 1 - Special Coney Island District (CI)
GENERAL PURPOSES
The “Special Coney Island District” established in this Resolution is designed to promote and protect public health, safety and general welfare. These general goals include, among others, the following specific purposes:
(a) to preserve, protect and enhance the character of the existing amusement district as the location of the city’s foremost concentration of amusements and an area of diverse uses of a primarily entertainment and entertainment-related nature;
(b) to facilitate and guide the development of a year-round amusement, entertainment and hotel district;
(c) to facilitate and guide the development of a residential and retail district;
(d) to provide a transition to the neighboring areas to the north and west;
(e) to provide flexibility for architectural design that encourages building forms that enhance and enliven the streetscape;
(f) to control the impact of development on the access of light and air to streets, the Boardwalk and parks in the district and surrounding neighborhood;
(g) to promote development in accordance with the area’s District Plan and thus conserve the value of land and buildings, and thereby protect the City’s tax revenues.
General Provisions
The provisions of this Chapter shall apply within the Special Coney Island 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 The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter.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. However, in flood zones, or for transit-adjacent sites, as defined in Section 66-11 (Definitions), in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Hazard Areas), or Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI shall control.
NOTE: Self-certification of sewer connection applications will not be permitted by the Department of Buildings or Department of Environmental Protection in connection with any proposed development or enlargement in the Special Coney Island District for which sewer connection approval is required. Prior to filing a House or Site Connection application, all applicants will be required to submit a site-specific hydraulic analysis to the Department of Environmental Protection for its review and approval, to establish the adequacy of existing sanitary and storm sewers to serve the proposed development or enlargement.
District Plan and Maps
The District Plan for the Special Coney Island District identifies specific areas comprising the Special District in which special zoning regulations are established in order to carry out the general purposes of the Special Coney Island District. The District Plan includes the following maps in the Appendix to this Chapter.
Map 1. Special Coney Island District and Subdistricts
Map 2. Mandatory Ground Floor Use Requirements
Map 3. Coney East Subdistrict Floor Area Ratios
Map 4. Street Wall Location
Map 5. Minimum and Maximum Base Heights
Map 6. Coney West Subdistrict Transition Heights
Subdistricts
In order to carry out the purposes and provisions of this Chapter, four subdistricts are established as follows:
Coney East Subdistrict (CE)
Coney North Subdistrict (CN)
Coney West Subdistrict (CW)
Mermaid Avenue Subdistrict (MA)
In each of these subdistricts, certain special regulations apply which do not apply within the remainder of the Special Coney Island District. The subdistricts are specified on Map 1 in the Appendix to this Chapter.
Applicability
The provisions of Article I, Chapter 5 (Residential Conversion Within Existing Buildings), shall apply in the Special Coney Island District, as modified in this Section. The change of non-residential floor area to residences in buildings, or portions thereof, erected prior to January 1, 1977, shall be permitted subject to Sections 15-11 (Bulk Regulations), 15-12 (Open Space Equivalent) and 15-30 (MINOR MODIFICATIONS), paragraph (b). Uses in buildings erected prior to January 1, 1977, containing both residential and non-residential uses shall not be subject to the provisions of Section 32-42 (Location Within Buildings).
The provisions of Article VI, Chapter 2 (Special Regulations Applying in the Waterfront Area), shall not apply in the Special Coney Island District.
The provisions of Section 74-194 (Public parking garages or public parking lots in high density central areas) shall not apply in the Special Coney Island District. In lieu thereof, public parking lots shall not be permitted, and public parking garages of any size shall be permitted as-of-right, provided such garages comply with the provisions of Section 131-52 (Use and Location of Parking Facilities).
(a) For zoning lots fronting upon Riegelmann Boardwalk, KeySpan Park and Highland View Park
Where the lot line of a zoning lot coincides or is within 20 feet of the boundary of Riegelmann Boardwalk, KeySpan Park or Highland View Park, such lot line shall be considered to be a street line for the purposes of applying all use and bulk regulations of this Resolution.
(b) For multiple buildings on the same zoning lot
For the purposes of applying the special use and bulk regulations of this Chapter, abutting buildings on the same zoning lot may be considered one building.
Definitions
For purposes of this Chapter, matter in italics is defined in Sections 12-10 (DEFINITIONS), 32-301 (Definitions), or in this Section.
Outdoor amusement parks
For the purposes of this Chapter, the definition of “outdoor amusement park” set forth in Section 12-10 shall be modified to also include recreational attractions, rides, games and other forms of entertainment for visitors of all ages, as found in North American Industry Classification System (NAICS) industry code 71311 (Amusement and Theme Parks) that are enclosed within a building or other structure.
SPECIAL USE REGULATIONS
The special use regulations set forth in this Section, inclusive, shall modify the underlying Commercial Districts, as applicable.
For the purposes of this Chapter, “ground floor level” shall mean the finished floor level within five feet of an adjacent public sidewalk or any other publicly accessible open space.
In C7 Districts, outdoor amusement parks listed under Use Group VIII, of any size, shall be permitted.
Use Group V
For the purposes of this Chapter, the definition of transient hotel shall be modified to allow only such hotels used exclusively for transient occupancy. Such transient hotels used exclusively for transient occupancy shall be permitted only in specified locations as set forth in this Chapter, where permitted pursuant to Section 32-153 (Use Group V – uses subject to additional conditions).
Use Groups A, B and C
Special Use Groups are established as set forth in this Section, to promote and strengthen the commercial and entertainment character of the Special District.
Use Group A: Amusements
Use Group A consists of a group of uses, selected from Use Groups VI and VIII, as modified in this Section, and may be open or enclosed:
Use Group A1
From Use Group VIII
Amusement or recreation facilities
Outdoor amusement parks
Use Group A2
From Use Group VI
Health and fitness establishments
From Use Group VIII
Arenas or auditoriums, with capacity limited to 2,000 seats
Theaters, including movie theaters, provided such use does not occupy the ground floor level of a building, except for lobbies limited to a maximum street frontage of 30 feet, except that on corner lots one street frontage may extend up to 100 feet.
Use Group B consists of a group of uses, selected from Use Groups VI, VIII and X, as modified in this Section:
From Use Group VI
Eating or drinking establishments, without size limitations
From Use Group VIII
All uses listed under Art Galleries and Studios
All uses listed under Other Assembly Spaces
From Use Group X
Breweries, included under all other beverage manufacturing.
Use Group C consists of a group of retail and service uses, selected from Use Group VI, as modified in this Section:
From Use Group VI
All remaining uses not otherwise permitted in Use Groups A and B.
Coney East Subdistrict
The use regulations of the underlying C7 District are modified as set forth in this Section. The provisions of Section 32-15 (Transient Accommodations) are modified to apply in a C7 District. The locations of the mandatory ground floor use regulations of paragraphs (b), (c), (d) and (f) of this Section are shown on the streets, or portions of streets, specified on Map 2 in the Appendix to this Chapter. Transient hotels and Use Groups A, B and C, as set forth in Sections 131-11 through 131-123, inclusive, and public parking garages, shall be the only uses allowed in the Coney East Subdistrict, and shall comply with the following regulations:
- Use Group C
Use Group C uses shall be limited to 2,500 square feet of floor area and 30 feet of street frontage, except that on corner lots one street frontage may extend up to 100 feet. - Bowery and Wonder Wheel Way
At least 50 percent of Bowery and Wonder Wheel Way street frontage of any zoning lot shall be occupied by open uses listed in Use Group A1 or, if enclosed, by Use Group A1 uses at the ground floor level, and not more than 50 percent of the Bowery and Wonder Wheel Way street frontage of any zoning lot shall be occupied by Use Group C uses at the ground floor level. - Surf Avenue
At least 15 percent of the street frontage of each block front bounding the south side of Surf Avenue between West 16th Street and West 10th Street shall be occupied by open uses listed in Use Group A1 or, if enclosed, by Use Group A1 uses at the ground floor level.
There shall be separate open establishments or enclosed ground floor establishments fronting upon each block front bounding Surf Avenue, as follows:- on the block front bounding the southerly street line of Surf Avenue between Stillwell Avenue and West 12th Street there shall be at least six establishments;
- on the block front bounding the southerly street line of Surf Avenue between West 12th Street and West 10th Street there shall be at least six establishments;
- on all other block fronts there shall be at least four establishments;
- the provisions of this paragraph (c) shall not apply along the southerly street line of Surf Avenue east of West 10th Street.
There may be fewer establishments fronting upon such block fronts than required pursuant to this paragraph (c), where the Chairperson of the Department of City Planning certifies to the Department of Buildings that such modification is necessary to accommodate an amusement use listed in Use Group A1.
- Stillwell Avenue and West 10th Street
At least 15 percent of the Stillwell Avenue and West 10th Street street frontage of any zoning lot shall be occupied by open uses listed in Use Group A1 or, if enclosed, by Use Group A1 uses at the ground floor level. - Transient hotels
- Where permitted pursuant to Section 32-15, transient hotels shall be permitted only on blocks with Surf Avenue frontage, except that no transient hotels shall be permitted on that portion of the block bounded by West 15th and West 16th Streets south of the prolongation of the centerline of Bowery.
- Transient hotel use shall not be permitted within 50 feet of Bowery on the ground floor level of a building, except that where a zoning lot has frontage only on Bowery, a transient hotel lobby may occupy up to 30 feet of such frontage.
- For transient hotels located on zoning lots with at least 20,000 square feet of lot area, an amount of floor area or lot area of Use Group A1 uses equal to at least 20 percent of the total floor area permitted on such zoning lot shall be provided either onsite or anywhere within the Coney East Subdistrict.
- The street wall of the ground floor level of a transient hotel shall be occupied by active accessory uses including, but not limited to, lobbies, retail establishments, eating and drinking establishments and amusements.
- Accessory retail establishments within a transient hotel shall be limited to 2,500 square feet of floor area.
- Depth of ground floor uses and transparency
All ground floor uses within buildings shall have a depth of at least 15 feet measured from the street wall of a building, located on streets, or portions of streets, shown on Map 2. However, such minimum depth requirement may be reduced where necessary in order to accommodate vertical circulation cores or structural columns associated with upper stories of the building.
Each ground floor level street wall of a commercial or community facility use other than a use listed in Use Group A, as set forth in Section 131-12, shall be glazed in accordance with the provisions of Section 37-34 (Minimum Transparency Requirements).
However, in lieu of such transparency requirements, at least 50 percent of the area of the ground floor level street wall of a commercial use, measured to a height of 12 feet above the level of the adjoining sidewalk, public access area or base plane, whichever is higher, may be designed to be at least 50 percent open during seasonal business hours. - Parcel 2
On Parcel 2, as shown on Map 2, only uses listed in Use Group A, and public parking garages of any size, shall be permitted, provided such garages comply with the provisions of Section 131-52 (Use and Location of Parking Facilities). - Parcel 3
On Parcel 3, as shown on Map 2, the provisions of the underlying C7 District shall apply, except as modified in this paragraph, (h). Only open uses listed under Amusement and Recreation Facilities in Use Group VIII shall be permitted. Additionally, no size limitations shall apply to outdoor amusement parks.
In the Coney North and Coney West Subdistricts, uses allowed by the underlying district regulations shall apply, except as modified in this Section. For the purposes of this Section, the “building line” shown on Parcel F on Map 2 shall be considered a street line of Ocean Way or Parachute Way, as applicable.
- Use modifications
The underlying district use regulations shall be modified as follows:- any use listed in Use Groups A, B and C, as set forth in Section 131-12, inclusive, not otherwise allowed by the underlying district regulations, shall be permitted within 70 feet of Riegelmann Boardwalk and within 100 feet of all other designated streets, as shown on Map 2; and
- an enclosed ice skating rink, included under amusement or recreation facilities in Use Group VIII, shall be a permitted use anywhere within Parcel F in the Coney West Subdistrict.
- Ground floor level regulations along Riegelmann Boardwalk
Along Riegelmann Boardwalk, only uses listed in Use Groups A, B and C and, where permitted pursuant to Section 32-153 (Use Group V – uses subject to additional conditions), transient hotels located above the ground floor level are permitted within 70 feet of Riegelmann Boardwalk, except that a transient hotel lobby may occupy up to 30 feet of such ground floor frontage along Riegelmann Boardwalk. Use Group C uses shall be limited to 2,500 square feet of floor area and 30 feet of street frontage for each establishment. All other establishments shall be limited to 60 feet of street frontage, except that for any establishment on a corner, one street frontage may extend up to 100 feet. All ground floor uses within buildings shall have a depth of at least 15 feet measured from the street wall of the building. However, such minimum depth requirement may be reduced where necessary in order to accommodate vertical circulation cores or structural columns associated with upper stories of the building.
Each ground floor level street wall of a commercial or community facility use other than a use listed in Use Group A, as set forth in Section 131-121, shall be glazed in accordance with the provisions of Section 37-34 (Minimum Transparency Requirements).
However, in lieu of such transparency requirements, at least 50 percent of the area of the ground floor level street wall of a commercial use, measured to a height of 12 feet above the level of the adjoining sidewalk, public access area or base plane, whichever is higher, may be designed to be at least 50 percent open during seasonal business hours. - Ground floor level regulations along all other #streets
The underlying ground floor level streetscape provisions set forth in Section 32-30 (STREETSCAPE REGULATIONS), inclusive, shall apply except that ground floor level street frontages along streets, or portions thereof, designated on Map 2 (Mandatory Ground Floor Use Requirements) in the Appendix of this Chapter, shall be considered Tier C street frontages.
The underlying Tier C street frontage regulations shall be modified as follows: Along the boundary of KeySpan Park in the Coney West Subdistrict, in lieu of the underlying transparency requirements, at least 50 percent of the area of the ground floor level street wall of a commercial use, measured to a height of 12 feet above the level of the adjoining sidewalk, public access area or base plane, whichever is higher, may be designed to be at least 50 percent open during seasonal business hours.
The provisions of Section 32-421 (Limitation on floors occupied by commercial uses) shall be modified such that the limitations set forth in paragraphs (a), (b) and (e) of such Section shall not apply.
In the Coney North and Coney West Subdistricts, a public parking garage may occupy any story of a mixed building provided such garage complies with the provisions of Section 131-52 (Use and Location of Parking Facilities).
Along streets specified on Map 2 (Mandatory Ground Floor Use Requirements) in the Appendix to this Chapter, other than Riegelmann Boardwalk, the City Planning Commission may authorize establishments containing Use Group A, B or C uses within buildings with a ground floor depth of less than 50 feet upon a finding that the design and operation of such establishments result in an effective and compelling amusement, entertainment or retail space that furthers the goals of the Special District.
SIGN REGULATIONS
- In the Coney East Subdistrict, in lieu of the underlying C7 sign regulations, the sign regulations for a C6-7 District shall apply, except that:
- In the Coney North and Coney West Subdistricts, the underlying C2-4 District sign regulations shall apply, except that the height restrictions of Section 32-655 shall be modified to allow permitted signs at the level of any story occupied by a commercial use.
The floor area ratio regulations of the underlying districts shall be modified as set forth in this Section, inclusive.
Coney East Subdistrict
(a) Except on Parcel 3, as shown on Map 3 (Coney East Subdistrict Floor Area Ratios) in the Appendix to this Chapter, the maximum floor area ratio of the underlying C7 District shall not apply. In lieu thereof, the maximum floor area ratio is specified for each block, or portion thereof, as shown on Map 3. On Parcel 2, as shown on Map 3, the maximum floor area ratio for a public parking garage shall be 4.0.
On Parcel 3, the maximum floor area ratio of the underlying C7 District shall apply. Furthermore, floor area attributable to Parcel 3 shall be used exclusively within Parcel 3.
(b) In the Coney East Subdistrict, no rear yards shall be required.
R7A R7D R7X
(a) Applicability of Inclusionary Housing Program
R7A, R7D and R7X Districts within the Special Coney Island District shall be Inclusionary Housing designated areas, pursuant to Section 12-10 (DEFINITIONS), for the purpose of making the Inclusionary Housing Program regulations of Section 23-90, inclusive, applicable as modified within the Special District.
(b) Maximum floor area ratio
The base floor area ratio for any zoning lot containing residences shall be as set forth in the table in this Section. Such base floor area ratio may be increased to the maximum floor area ratio set forth in the table through the provision of affordable housing, pursuant to the provisions for Inclusionary Housing designated areas, as set forth in Section 23-90 (INCLUSIONARY HOUSING), inclusive. Parcels A through F within R7D Districts are shown on Map 1 (Special Coney Island District and Subdistricts).
FLOOR AREA RATIO FOR BUILDINGS CONTAINING RESIDENCES
Subdistrict/Parcels | Zoning District | Base floor area ratio | Maximum floor area ratio |
Coney West Parcels: A, B, C, D | R7D | 4.35 | 5.8 |
Coney West Parcels: E, F | R7D | 4.12 | 5.5 |
Coney North | R7X | 3.75 | 5.0 |
Mermaid Avenue | R7A | 3.45 | 4.6 |
(c) Coney West floor area distribution
In the Coney West Subdistrict, floor area attributable to zoning lots within the following sets of parcels, as shown on Map 1 in the Appendix to this Chapter, may be distributed anywhere within such sets of parcels:
Parcels A and B
Parcels C and D
Parcels E and F.
In addition, floor area attributable to block 7071, lot 130, within Parcel B may be distributed anywhere within Parcels C or D.
(d) Height and setback
For all zoning lots, or portions thereof, located in the Coney West or Coney North Subdistricts, the height and setback regulations of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors) shall not apply. In lieu thereof, the height and setback regulations of this Chapter shall apply.
In the Coney West and Coney North Subdistricts, the maximum permitted floor area ratio for community facility uses shall be 2.0.
In the Coney North Subdistrict, for transient hotels located within 200 feet of Surf Avenue between Stillwell Avenue and West 16th Street, the maximum permitted floor area ratio shall be 3.75.
Lot coverage
In the Special Coney Island District, the level of any building containing accessory parking spaces or non-residential uses shall be exempt from lot coverage regulations.
The underlying height and setback regulations shall not apply. In lieu thereof, the height and setback regulations of this Section shall apply. The height of all buildings or other structures shall be measured from the base plane.
Rooftop Regulations
The provisions of Section 33-42 (Permitted Obstructions) shall apply to all buildings within the Special Coney Island District, except that dormers may penetrate a maximum base height in accordance with the provisions of paragraph (c) of Section 23-623 (Permitted obstructions in certain districts) only in the Mermaid Avenue Subdistrict.
Coney East Subdistrict
The regulations of this Section, inclusive, shall apply to all buildings or other structures in the Coney East Subdistrict. Street wall location rules and maximum base height rules shall apply only to buildings. Maximum heights shall apply to all buildings or other structures.
For the purposes of applying the height and setback regulations of this Section, Jones Walk shall not be considered a street. Maps 4 (Street Wall Location) and 5 (Minimum and Maximum Base Heights) in the Appendix to this Chapter, illustrate the street wall location provisions and minimum and maximum base height provisions of this Section.
A building or other structure that exceeds a height limit shall be permitted where the Chairperson of the Department of City Planning certifies to the Department of Buildings that such additional height is necessary to accommodate an amusement use listed in Use Group A1.
The following regulations shall apply along the south side of Surf Avenue and along those portions of streets intersecting Surf Avenue located north of a line drawn 50 feet north of and parallel to the northern street line of Bowery and its westerly prolongation.
(a) Street wall location
The street wall of a building shall be located within five feet of the street line and extend along the entire frontage of the zoning lot, except that:
(1) a sidewalk widening shall be required at the intersection of Surf Avenue and West 10th Street, extending from a point on the Surf Avenue street line 125 feet west of West 10th Street to a point on the West 10th Street street line 20 feet south of Surf Avenue. Such area shall be improved as a sidewalk to Department of Transportation standards, be at the same level as the adjoining sidewalks, and be accessible to the public at all times. Such sidewalk widening line shall be considered a street line for the purposes of applying the use and height and setback regulations of this Chapter;
(2) to allow for corner articulation, the street wall may be located anywhere within an area bounded by intersecting street lines and lines 15 feet from and parallel to such street lines ; and
(3) to allow for portions of towers to rise without setback from grade, a portion of a building base below a tower may be set back 10 feet from the street line, provided the width of such setback area is not greater than 40 percent of the width of the street wall of the tower, and provided such setback area complies with the provisions of Section 131-47 (Design Requirements for Ground Level Setbacks).
(b) Building base
(1) Surf Avenue, west of West 12th Street
West of West 12th Street, the street wall of a building shall rise without setback to a minimum base height of 35 feet or the height of the building, whichever is less, and a maximum base height of 45 feet. If a tower is provided, in accordance with the requirements of paragraph (d) of this Section, the maximum base height shall be 65 feet. At a height no lower than the minimum base height and no higher than the maximum base height, a setback shall be required, pursuant to the provisions set forth in paragraph (c) of this Section.
Any portion of a street wall which exceeds a height of 60 feet shall be located within 150 feet of the intersection of two street lines and shall coincide with the location of a tower. Towers shall comply with the location requirements of paragraph (d) of this Section.
(2) Surf Avenue, east of West 12th Street
East of West 12th Street, the street wall of a building shall rise without setback to a minimum base height of 35 feet or the height of the building, whichever is less, and a maximum base height of 45 feet. At a height no lower than the minimum base height and no higher than the maximum base height, a setback is required that shall comply with the provisions set forth in paragraph (d) of this Section.
For the base of any building located on the south side of Surf Avenue, above the level of the second story, up to 30 percent of the aggregate width of street walls may be recessed, provided no recesses are located within 15 feet of an adjacent building or within 30 feet of the intersection of two street lines, except where corner articulation is provided as set forth in paragraph (a)(3) of this Section.
(c) Transition height
All portions of a building that exceed the applicable maximum base height specified in paragraph (b) of this Section shall be set back from the street line at least 20 feet except that, where towers are provided, the minimum setback depth from the street line shall be 10 feet.
(1) West of West 12th Street
All portions of a building that exceed the maximum base height set forth in paragraph (b)(1) of this Section shall comply with the tower provisions of paragraph (d) of this Section.
(2) East of West 12th Street
The maximum transition height shall be 65 feet, and all portions of buildings that exceed such height shall comply with the tower provisions of paragraph (d) of this Section, except that within 100 feet of Jones Walk on the easterly side, the maximum building height after the required setbacks shall be 85 feet.
(3) Special Regulations for Use Group A
The transition height regulations of paragraphs (c)(1) and (c)(2) of this Section shall not apply to buildings that rise to a maximum height of 85 feet to accommodate a Use Group A use or to buildings where the Chairperson of the Department of City Planning certifies to the Department of Buildings that additional height is necessary to accommodate an amusement use listed in Use Group A1.
(d) Towers
All stories of a building located partially or wholly above a height of 65 feet shall be considered a “tower” and shall comply with the provisions of this paragraph (d).
(1) Maximum floorplate
Each story of a tower shall not exceed a gross area of 8,500 square feet.
(2) Maximum length and height
The outermost walls of all tower stories shall be inscribed within a rectangle, and no side of such rectangle shall exceed a length of 165 feet.
The maximum height of a building located between West 12th Street and Jones Walk shall be 150 feet between West 12th Street and Jones Walk. The maximum height of a building located between West 12th Street and West 16th Street on zoning lots with less than 50,000 square feet of lot area shall be 220 feet; on zoning lots with 50,000 square feet or more of lot area, the maximum height of a building shall be 270 feet. All towers that exceed a height of 150 feet shall provide articulation in accordance with Section 131-46.
(3) Tower location
All towers shall be located within 25 feet of Surf Avenue and entirely within 100 feet of an intersecting street.
Any building or other structure fronting upon the north side of Surf Avenue shall not exceed a height of 85 feet. Furthermore, in order to protect the view from the elevated subway to the Coney East Subdistrict, no portion of such building or other structure, including permitted obstructions or signs, shall be located between a height of five feet below the upper level of the elevated subway tracks and a level 25 feet above such level, except for a vertical circulation core, supporting structural elements and related appurtenances. In no event shall more than 30 percent of the Surf Avenue frontage of the zoning lot be obstructed with such elements.
Along all other streets
The following regulations shall apply along Wonder Wheel Way, Bowery, and all other streets, and portions thereof, located south of a line drawn 50 feet north of and parallel to the northern street line of Bowery and its westerly prolongation.
(a) Street wall location
The street wall of the building, or portion thereof, shall be located within five feet of the street line;
(b) Maximum height
The street wall of a building, or portion thereof, shall rise to a minimum height of 20 feet and a maximum height of 40 feet before setback. The maximum height of a building or other structure shall be 60 feet, provided any portion of a building that exceeds a height of 40 feet shall be set back from the street wall of the building at least 20 feet.
West of West 12th Street, along the northern street line of Bowery, the maximum building height shall be 40 feet. If a tower is provided along the Surf Avenue portion of the block, 40 percent of the aggregate width of street walls may rise above the maximum street wall height of 40 feet, provided that such portion is located within 150 feet of the intersection of two street lines. However, where the portion of the block that fronts on Surf Avenue is developed or enlarged pursuant to the special regulations for Use Group A in paragraph (c)(3) of Section 131-421 (Coney East Subdistrict, south side of Surf Avenue), the street wall may rise after a setback of 20 feet to a maximum height of 60 feet for the entire length of the Bowery street line, or may extend beyond the 40 percent of the aggregate width of street wall for the length of the street wall of such Use Group A development or enlargement which fronts along Surf Avenue, whichever is less.
Coney West Subdistrict
The regulations of this Section shall apply to all buildings or other structures in the Coney West Subdistrict. Map 4 (Street Wall Location), Map 5 (Minimum and Maximum Base Heights) and Map 6 (Coney West Subdistrict Transition Heights), in the Appendix to this Chapter, illustrate the street wall location provisions, minimum and maximum base height provisions and transition height provisions of this Section, inclusive. For the purposes of this Section, the “building line” shown on Parcel F shall be considered a street line of Ocean Way or Parachute Way, as indicated on such maps.
Coney West District, Surf Avenue
The regulations of this Section shall apply along Surf Avenue. The street wall location provisions of paragraph (a) of this Section shall also apply along streets intersecting Surf Avenue within 50 feet of Surf Avenue, and the building base regulations of paragraph (b) of this Section shall also apply along streets within 100 feet of Surf Avenue.
(a) Street wall location
The street wall of a building base shall be located on the Surf Avenue street line and extend along the entire Surf Avenue frontage of the zoning lot, except that:
(1) to allow for corner articulation, the street wall may be located anywhere within an area bounded by intersecting street lines and lines 15 feet from and parallel to such street lines ; and
(2) to allow for portions of towers to rise without setback from grade, a portion of a building base below a tower may be set back 10 feet from a street line, provided the width of such setback area is not greater than 40 percent of the width of the street wall of the tower and provided such setback area complies with the provisions of Section 131-47 (Design Requirements for Ground Level Setbacks).
(b) Building base
A street wall fronting on Surf Avenue shall rise without setback to a minimum height of six stories or 65 feet, or the height of the building, whichever is less, and a maximum height of eight stories or 85 feet, whichever is less, before a setback is required. However, on the block front bounded by West 21st Street and West 22nd Street, the minimum height of a street wall shall be 40 feet and the maximum height of a street wall shall be six stories or 65 feet, whichever is less, before a setback is required.
Above the level of the second story, up to 30 percent of the aggregate width of street walls may be recessed, provided no recesses are located within 15 feet of an adjacent building or within 30 feet of the intersection of two street lines, except where corner articulation is provided as set forth in paragraph (a)(2) of this Section.
All portions of a building or other structure that exceed the maximum heights set forth in this paragraph, (b), shall be set back from the street line at least 10 feet.
(c) Transition height
Above the maximum base height, a street wall may rise to a maximum transition height of nine stories or 95 feet, whichever is less, provided that such street walls are set back a minimum distance of 10 feet from the Surf Avenue street line. All portions of buildings or other structures that exceed a transition height of 95 feet shall comply with the tower provisions of Section 131-434 (Coney West Subdistrict towers).
The following regulations shall apply along all other streets in the Coney West Subdistrict, except within 70 feet of Riegelmann Boardwalk.
(a) Street wall location
The street wall of a building base, or portion thereof, beyond 50 feet of Surf Avenue, shall be located within eight feet of the street line except that, to allow portions of towers to rise without setback from grade, a portion of a building base below a tower may be set back 10 feet from the street line, provided the width of such setback area is not greater than 40 percent of the width of the street wall of the tower.
The entire area of the zoning lot between the street line and all street walls of the building and their prolongations shall be planted at ground level, or in raised planting beds that are permanently affixed to the ground, except that such plantings shall not be required at the entrances to and exits from the building, within driveways accessing off-street parking spaces located within, to the side, or rear of such building, or between commercial uses and the street line. No zoning lot shall be altered in any way that will either create a new non-compliance or increase the degree of non-compliance with the provisions of this Section.
(b) Building base
The street wall of a building base, or portion thereof, located beyond 100 feet of Surf Avenue, shall rise without setback to a minimum height of 40 feet or the height of the building, whichever is less, and a maximum height of six stories or 65 feet, whichever is less. Up to 30 percent of the aggregate width of street walls may be recessed for outer courts or balconies, provided no recesses are located within 15 feet of an adjacent building or within 30 feet of the intersection of two street lines, and provided the maximum depth of such recesses is 15 feet, as measured from the street line. All portions of a building or other structure that exceed a height of 65 feet shall be set back from the street wall at least 10 feet, except such setback distance may include the depth of any permitted recesses.
(c) Transition heights
Beyond 100 feet of Surf Avenue, a street wall may rise to a maximum transition height of nine stories or 95 feet, whichever is less, provided that:
(1) above the maximum base height, street walls are set back a minimum distance of 10 feet from the street line, except that for blocks north of the Ocean Way street line, along a minimum of one street line bounding the block (except for Surf Avenue), at least 40 percent of the aggregate width of street walls shall remain open to the sky for a minimum depth of 100 feet from the street line ;
(2) for blocks bounding the southern street line of Ocean Way, any portion of a building or other structure that exceeds a height of six stories or 65 feet, whichever is less, shall be located within 80 or 100 feet of a street line, as indicated on Map 6 in the Appendix to this Chapter;
(3) for portions of buildings higher than six stories or 65 feet that are within 100 feet of Riegelmann Boardwalk, each story within such portion shall provide a setback with a depth of at least 10 feet, measured from the south-facing wall of the story directly below.
A building or other structure may exceed such transition heights only in accordance with the tower provisions of Section 131-434.
A street wall shall be located on Riegelmann Boardwalk street line and extend along the entire Riegelmann Boardwalk frontage of the zoning lot to a minimum height of 20 feet, as shown on Map 5 (Minimum and Maximum Base Heights). Any building or other structure within 70 feet of Riegelmann Boardwalk shall not exceed a height of 40 feet above the level of Riegelmann Boardwalk.
In addition, on Parcel F, a street wall shall be located on the Parachute Way building line and the portion of the Ocean Way building line that is within 100 feet of the Parachute Way building line, as shown on Map 4 (Street Wall Location). Such street walls shall extend along such entire frontages of Parcel F to a minimum height of 20 feet.
Coney West Subdistrict towers
All stories of a building or portions of other structures located partially or wholly above an applicable transition height shall be considered a “tower” and shall comply with the provisions of this Section.
(a) Maximum floorplate
Each story of a tower shall not exceed a gross area of 8,500 square feet.
(b) Maximum length and height
On blocks bounding Surf Avenue, the maximum height of a building or other structure shall be 220 feet, and on blocks bounding the southerly street line of Ocean Way, the maximum height of a building or other structure shall be 170 feet. Furthermore, the outermost walls of all tower stories shall be inscribed within a rectangle, and no side of such rectangle shall exceed a length of 165 feet.
Where affordable housing is provided pursuant to Section 131-321 (Special floor area regulations for residential uses), the maximum height of a building shall be increased to 270 feet, provided either:
(1) the outermost wall of all tower stories are inscribed within a rectangle where no side of such rectangle exceeds a length of 100 feet; or
(2) the outermost wall of all tower stories below a height of 120 feet are inscribed within a rectangle where no side of such rectangle exceeds a length of 130 feet and, above such height, no side of such rectangle shall exceed a length of 100 feet. In addition, above a height of 120 feet, the maximum floor plate shall be 80 percent of the story immediately below such height, or 6,800 square feet, whichever is greater. Such reduced lot coverage shall be achieved by one or more setbacks on each face of the tower, where at least one setback on each tower face has a depth of at least five feet and a width that, individually or in the aggregate, is equal to at least 10 percent of the width of each respective tower face.
All buildings that exceed a height of 170 feet shall provide articulation in accordance with Section 131-46 (Tower Top Articulation).
(c) Tower location
All towers shall be located entirely within 100 feet of Parachute Way, West 20th Street, West 21st Street or West 22nd Street and within 25 feet of the intersection of two street lines. When a zoning lot fronting upon Surf Avenue contains a tower, such tower shall be located within 25 feet of Surf Avenue. No more than one tower shall be permitted on any zoning lot, except that where affordable housing is provided pursuant to Sections 23-90 and 131-321, no more than two towers shall be permitted on any zoning lot, and the second tower shall be located within 25 feet of Ocean Way. However, Parcel E may include two towers and, where affordable housing is provided pursuant to Section 131-321, a third tower shall be permitted to be located anywhere on such parcel along Parachute Way.
Coney North Subdistrict
The regulations of this Section shall apply to all buildings or other structures in the Coney North Subdistrict. Maps 4 (Street Wall Location) and 5 (Minimum and Maximum Base Heights), in the Appendix to this Chapter, illustrate the street wall location provisions, minimum and maximum base height provisions and maximum building height provisions of this Section, inclusive.
The regulations of this Section shall apply along Surf Avenue. The street wall location provisions of paragraph (a) of this Section shall also apply along streets intersecting Surf Avenue within 50 feet of Surf Avenue, and the building base regulations of paragraph (b) of this Section shall also apply along streets within 100 feet of Surf Avenue.
(a) Street wall location
The street wall of a building base shall be located on the Surf Avenue street line and extend along the entire Surf Avenue frontage of the zoning lot, except that:
(1) to allow for corner articulation, the street wall may be located anywhere within an area bounded by intersecting street lines and lines 15 feet from and parallel to such street lines ; and
(2) to allow for portions of towers to rise without setback from grade, a portion of a building base below a tower may be set back 10 feet from a street line, provided the width of such setback area is not greater than 40 percent of the width of the street wall of the tower and provided such setback area complies with the provisions of Section 131-47 (Design Requirements for Ground Level Setbacks).
(b) Building base
The street wall of a building base fronting on Surf Avenue shall rise without setback to a minimum height of six stories or 65 feet, or the height of the building, whichever is less, and a maximum height of eight stories or 85 feet, whichever is less, before a setback is required. However, on the portion of the block bounded by Stillwell Avenue and West 15th Street, for buildings that exceed a height of 85 feet, all street walls of such building fronting on Surf Avenue shall rise without setback to a height of 85 feet.
Above the level of the second story, up to 30 percent of the aggregate width of street walls may be recessed, provided no recesses are located within 15 feet of an adjacent building or within 30 feet of the intersection of two street lines, except where corner articulation is provided, as set forth in paragraph (a)(2) of this Section.
All portions of a building or other structure that exceed a height of 85 feet shall be set back from the street line at least 10 feet, and shall comply with the tower provisions of Section 131-444 (Coney North Towers).
(c) Transition height
Above the maximum base height, a street wall may rise to a maximum transition height of nine stories or 95 feet, whichever is less, provided that such street walls are set back a minimum distance of 10 feet from the Surf Avenue street line. All portions of buildings or other structures that exceed a transition height of 95 feet shall comply with the tower provisions of Section 131-444 (Coney North Subdistrict towers).
The following regulations shall apply along all other streets in the Coney North Subdistrict, other than Stillwell Avenue.
(a) Street wall location
The street wall of a building base, or portion thereof, beyond 50 feet of Surf Avenue, shall be located within eight feet of the street line except that, to allow portions of towers to rise without setback from grade, a portion of a building base below a tower may be recessed 10 feet from the street line, provided the width of such recess area is not greater than 40 percent of the width of the street wall of the tower.
The entire area of the zoning lot between the street line and all street walls of the building and their prolongations shall be planted at ground level, or in raised planting beds that are permanently affixed to the ground, except that such plantings shall not be required at the entrances to, and exits from, the building, within driveways accessing off-street parking spaces located within, to the side, or rear of such building, or between commercial uses and the street line. No zoning lot shall be altered in any way that will either create a new non-compliance or increase the degree of non-compliance with the provisions of this Section.
(b) Building base
The street wall of a building base, or portion thereof, located beyond 100 feet of Surf Avenue, shall rise without setback to a minimum height of 40 feet, or the height of the building, whichever is less, and a maximum height of six stories or 65 feet, whichever is less. Up to 30 percent of the aggregate width of street walls may be recessed for outer courts or balconies, provided no recesses are located within 15 feet of an adjacent building or within 30 feet of the intersection of two street lines, and provided the maximum depth of such recesses is 15 feet, as measured from the street line.
All portions of a building or other structure that exceed a height of 65 feet shall be set back from the street wall of the building at least 10 feet, except such setback distance may include the depth of any permitted recesses.
(c) Transition height
In all portions of blocks located beyond 100 feet of Surf Avenue, a street wall may rise above the maximum base height to a maximum transition height of eight stories or 85 feet, whichever is less, provided that such street walls are set back a minimum distance of 10 feet from the street line. All portions of buildings or other structures that exceed a transition height of 85 feet shall comply with the tower provisions of Section 131-444 (Coney North Subdistrict towers).
Mermaid and Stillwell Avenues
Within 100 feet of Mermaid Avenue and within 100 feet of Stillwell Avenue, except within 100 feet of Surf Avenue, all portions of a building or other structure shall comply with the height and setback regulations of a C2 District mapped within an R7A District, except that the street wall of a building shall be located on the street line and rise without setback to a minimum height of 40 feet or the height of the building, whichever is less, except that:
(a) to allow for corner articulation, the street wall may be located anywhere within an area bounded by intersecting street lines and lines 15 feet from and parallel to such street lines ; and
(b) above the level of the second story, up to 30 percent of the aggregate width of street walls may be recessed, provided no recesses are located within 15 feet of an adjacent building or within 30 feet of the intersection of two street lines, except where corner articulation is provided as set forth in paragraph (b) of this Section.
Coney North Subdistrict towers
All stories of a building or portions of other structures located partially or wholly above a height of 85 feet within 175 feet of Surf Avenue and above a height of 65 feet beyond 175 feet of Surf Avenue shall be considered a “tower” and shall comply with the provisions of this Section.
(a) Maximum floorplate
Each story of a tower shall not exceed a gross area of 8,500 square feet.
(b) Maximum length and height
On blocks bounding Surf Avenue, the maximum height of a building or other structure shall be 220 feet and beyond 175 feet of Surf Avenue the maximum height of a building or other structure shall be 170 feet. Furthermore, the outermost walls of all tower stories shall be inscribed within a rectangle and no side of such rectangle shall exceed a length of 165 feet.
Where affordable housing is provided pursuant to Section 131-321 (Special floor area regulations for residential uses), the maximum height of a building shall be increased to 270 feet, provided that either:
(1) the outermost wall of all tower stories are inscribed within a rectangle, where no side of such rectangle shall exceed a length of 100 feet; or
(2) the outermost wall of all tower stories, below a height of 120 feet, are inscribed within a rectangle, where no side of such rectangle shall exceed a length of 130 feet, and above such height, no side of such rectangle shall exceed a length of 100 feet. In addition, above a height of 120 feet, the maximum floorplate shall be 80 percent of the story immediately below such height or 6,800 square feet, whichever is greater. Such reduced lot coverage shall be achieved by one or more setbacks on each face of the tower, where at least one setback on each tower face has a depth of at least five feet and a width that, individually or in the aggregate, is equal to at least 10 percent of the width of each respective tower face.
All buildings that exceed a height of 170 feet shall provide articulation in accordance with Section 131-46 (Tower Top Articulation).
(c) Tower location
Towers shall be located within 25 feet of Surf Avenue and entirely within 100 feet of an intersecting street. No more than one tower shall be permitted on any zoning lot, except that where affordable housing is provided pursuant to Sections 23-90 and 131-321, a second tower shall be permitted anywhere on the zoning lot where such tower is entirely beyond 175 feet of Surf Avenue and 10 feet from any other street. All towers shall be located at least 10 feet from a side lot line.
Mermaid Avenue Subdistrict
All portions of a building or other structure shall comply with the height and setback regulations of a C2 District mapped within an R7A District, except that on Mermaid Avenue, and on intersecting streets within 50 feet of Mermaid Avenue, the street wall of a building shall be located on the street line and rise without setback to a minimum base height of 40 feet or the height of the building, whichever is less, except that:
(a) to allow for corner articulation, the street wall may be located anywhere within an area bounded by intersecting street lines and lines 15 feet from and parallel to such street lines ; and
(b) above the level of the second story, up to 30 percent of the aggregate width of street walls may be recessed, provided no recesses are located within 15 feet of an adjacent building or within 30 feet of the intersection of two street lines, except where corner articulation is provided as set forth in paragraph (b) of this Section.
Tower Top Articulation
All buildings that exceed a height of 170 feet shall provide articulation in accordance with at least one of following provisions:
(a) Setbacks on each tower face
The highest three stories, or as many stories as are located entirely above a height of 170 feet, whichever is less, shall have a lot coverage of at least 50 percent of the story immediately below such stories, and a maximum lot coverage of 80 percent of the story immediately below such stories. Such reduced lot coverage shall be achieved by one or more setbacks on each face of the tower, where at least one setback on each tower face has a depth of at least four feet, and a width that, individually or in the aggregate, is equal to at least 10 percent of the width of such respective tower face. For the purposes of this paragraph (a), each tower shall have four tower faces, with each face being the side of a rectangle within which the outermost walls of the highest story not subject to the reduced lot coverage provisions have been inscribed. The required setbacks shall be measured from the outermost walls of the building facing each tower face. Required setback areas may overlap.
(b) Three setbacks
Setbacks shall be provided at the level of three different stories, or as many stories as are located entirely above a height of 170 feet, whichever is less. Such setbacks shall be located on either the north-facing or south-facing side of the building, but not both. Such setbacks shall have a minimum depth of 15 feet measured, as applicable, from the north-facing or south-facing wall of the story immediately below. For towers with at least six stories located entirely above a height of 170 feet, the lowest level at which such setbacks may be provided is 170 feet, and the highest story, therefore, shall be located entirely within the northern or southern half of the tower, as applicable.
(c) Reverse setbacks
A minimum of 15 percent of the area of the plane surface of street walls enclosing floor area of the tower and a maximum of 50 percent of the area of the plane surface of the street walls enclosing floor area of the tower shall project at least 18 inches but not more than five feet from the remaining plane surface of the street walls enclosing any floor area of the tower. No projections, including balconies, shall be permitted from the lowest two stories of the tower.
Wherever a building base below a tower is set back from the street line, and the building walls bounding such setback area are occupied by non-residential uses, such setback area shall comply with the provisions of this Section. Where two such setback areas adjoin one another at the intersection of two streets, the combined area of such spaces shall determine the applicability of such provisions.
- Minimum and maximum areas
No such setback area shall be less than 240 square feet nor greater than 1,000 square feet. - Pavement
The setback area shall be paved with materials distinctive from the adjoining public sidewalk. - Wall treatments
All ground floor level building walls bounding such setback area not otherwise subject to the transparency requirements of Section 131-15, shall comply with the provisions of either paragraphs (c)(1) or (c)(2) of this Section.- If such building wall is a street wall wider than 10 feet, such street wall shall comply with the provisions of Section 131-15.
- All other building walls shall comply with one of the following provisions:
- such building walls shall be glazed with transparent materials in accordance with the transparency provisions of Section 37-34 (Minimum Transparency Requirements); or
- such building walls shall be articulated with artwork or landscaping to a height of at least 10 feet.
- Building entrances
A public entrance to a building shall front upon such setback area. No ramps shall be permitted within the setback area. - Landscaping
A minimum of 20 percent of such setback area shall be planted with, at a minimum, evergreen ground cover or shrubs in planting beds, with a minimum of six inches in height and a maximum height of four feet. Such planting beds may not occupy more than 50 percent of the width of the setback area, as measured along the street line. - Additional amenities
For setback areas of 500 square feet or more, there shall be the following additional amenities:- an additional public entrance to the building that fronts upon such setback area; and
- a minimum of one linear feet of seating for every 20 square feet of setback area shall be provided. At least 40 percent of such seating shall be fixed, of which at least half shall have backs with a minimum height of 14 inches. All fixed seating shall have a minimum depth of 18 inches and a maximum depth of 24 inches, and a minimum seat height of 16 inches and a maximum seat height of 20 inches. At least 50 percent of required seating shall be moveable chairs.
Street Trees
The provisions of Section 33-03 (Street Tree Planting in Commercial Districts) shall not apply in the Coney East Subdistrict.
The City Planning Commission may authorize modifications of the street wall location provisions of this Chapter to allow exterior ramps for access from the public sidewalk to the lowest story above the flood-resistant construction elevation, as defined in Section 64-11 (Definitions), provided the Commission finds that the design of such ramps:
(a) maximizes visibility of interior ground floor space within the building from the public sidewalk;
(b) incorporates amenities such as seating and planting as the Commission may find appropriate; and
(c) relates harmoniously with the design and materials of the adjacent building and the surrounding streetscape.
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.
The special provisions of this Section shall apply to all off-street parking spaces and loading facilities within the Special Coney Island District.
(a) Residential and community facility parking
The underlying regulations shall apply, except that the number of accessory off-street parking spaces required pursuant to Section 36-33 (Requirements Where Group Parking Facilities Are Provided) shall be modified to require off-street parking spaces for at least 60 percent of dwelling units or rooming units developed, under single ownership or control, where group parking facilities are provided.
(b) Commercial parking
The underlying regulations shall apply, except that:
(1) For Use Group A uses
One off-street parking space shall be provided for every 2,000 square feet of floor area or lot area for open uses, except that for a water park, two off-street parking spaces per 1,000 square feet of floor area shall be provided.
(2) For transient hotels
One off-street parking space shall be provided for every six guest rooms or suites.
(c) Public parking facilities
In accordance with the provisions of Section 131-043 (Applicability of Article VII, Chapter 4), public parking lots shall not be permitted, and public parking garages of any size shall be permitted as-of-right, provided such garages comply with the provisions of Section 131-52 (Use and Location of Parking Facilities).
The following provisions shall apply to all parking facilities:
(a) All accessory off-street parking spaces may be made available for public use. However, any such space shall be made available to the occupants of a residence to which it is accessory within 30 days after written request is made to the landlord. Furthermore, if accessory parking spaces and spaces within a public parking garage are provided on the same zoning lot, all such spaces may be provided within the same parking facility.
(b) The off-site parking space provisions of Sections 36-42 and 36-43 shall not apply. In lieu thereof, all permitted or required off-street parking spaces may be provided on a zoning lot other than the same zoning lot to which such spaces are accessory, provided that:
(1) In the Coney East Subdistrict, such spaces are located anywhere within an area bounded on the east by Ocean Parkway, on the south by Riegelmann Boardwalk, on the west by West 27th Street and on the north by Coney Island Creek and the Belt Parkway, in accordance with all applicable underlying parking regulations.
(2) In the Coney West Subdistrict, such parking spaces accessory to the following sets of parcels, as shown on Map 1 in the Appendix to this Chapter, shall be located anywhere on such sets of parcels:
Parcels A and B
Parcels C and D
Parcels E and F.
(3) In the Coney North and Mermaid Avenue Subdistricts, such spaces shall be located anywhere on the same block.
(c) All off-street parking facilities shall be located within facilities that, except for entrances and exits, are:
(1) entirely below the level of any street or publicly accessible open area upon which such facility, or portion thereof, fronts; or
(2) wrapped by floor area or screened in accordance with the provisions of Section 37-35 (Parking Wrap and Screening Requirements). For the purpose of applying such provisions, Surf Avenue, Stillwell Avenue, Ocean Way, Parachute Way and Riegelmann Boardwalk shall be considered designated retail streets, and the wrapping provisions of paragraph (a) of Section 37-35 shall apply to such street frontages at all levels above grade. All such parking facilities shall be exempt from the definition of floor area.
(d) Any roof of a facility containing off-street parking spaces not otherwise covered by a building, which is larger than 400 square feet, shall be landscaped. Up to five percent of such roof area may be used for mechanical equipment, provided that such mechanical equipment is screened from view by a fence which is at least 75 percent opaque or by at least three feet of dense planting. Up to 25 percent of such roof area may be accessible solely from an adjacent dwelling unit and the remaining roof area shall be accessible for the recreational use of the occupants of the building in which it is located. Hard surfaced areas shall not cover more than 60 percent of such roof area.
Curb Cuts
No curb cuts shall be permitted on Surf Avenue, Wonder Wheel Way or Bowery except on a zoning lot with no frontage on any other street. The curb cut provisions of paragraph (c) of Section 36-58 shall apply.
The special permit set forth in this Section is established to allow outdoor entertainment uses on a limited-term basis in a unique beachfront location within the Special Coney Island District. The development of such uses on a temporary basis pursuant to this special permit provides for the opportunity for a valuable public amenity to exist within an area that, while approved for future residential development pursuant to the Special Coney Island District plan, is currently underutilized and does not exhibit the characteristics of a well-developed residential neighborhood. Any special permit granted under this Section shall be subject to a term of years, in order to ensure that such uses are consistent with, and do not impede, the goal of long-term revitalization of the surrounding area, pursuant to the Special Coney Island District plan.
In the Coney West Subdistrict, for Parcels B and G, the City Planning Commission may approve, by special permit, open-air auditoriums with greater than 2,000 seats, for a term no greater than 10 years from the date a certificate of occupancy, including a temporary certificate of occupancy, has been issued, provided that the proposed auditorium meets the conditions of paragraph (a) and the findings of paragraph (b) of this Section, in addition to the sign provisions of paragraph (c) and parking provisions of paragraph (d) of this Section.
For any application for such special permit, the applicant shall provide plans to the Commission including, but not limited to, a site plan, signage plan, parking and loading plan, lighting plan and an operations plan (the “Proposed Plans”).
(a) The Commission may permit open-air auditoriums with a maximum of 5,100 seats, provided the Proposed Plans demonstrate that:
(1) at all times when Riegelmann Boardwalk is open to the public, all publicly accessible space, as shown on the Proposed Plans, will remain accessible to the public, except that access may be restricted as necessary during scheduled events, for the setup and takedown for such events, and in connection with maintenance activities. Any barriers erected for the purpose of restricting access or visibility during such events shall be completely removed at all other times;
(2) the height of all structures, temporary or fixed, does not exceed 70 feet in height, as measured from the level of Riegelmann Boardwalk;
(3) any roof or structural canopy above the open-air auditorium seating area will be removed prior to the month of November and shall remain removed during the entire off-season period between November through April, as well as in advance of severe weather events;
(4) the signage plan and parking and loading plan comply with the provisions of paragraphs (c) and (d) of this Section, respectively; and
(5) the City and applicant will enter into an agreement under which Parcel G will be returned to the City as of the expiration of the term of the special permit in a condition set forth in such agreement appropriate for use as a public park.
(b) In granting such permit, the Commission shall find that:
(1) such open-air auditorium will not unduly impair the essential character or the future use or development of the surrounding area, pursuant to the goals and objectives of the Special Coney Island District plan;
(2) the outdoor lighting for such open-air auditorium is located and arranged so as to minimize any negative effects on nearby residences and community facilities, and that the Proposed Plans include noise attenuation features and measures which serve to reduce the effect of noise from the open-air auditorium on the surrounding area, including nearby residences and community facilities;
(3) the construction of a stage as part of any building on Parcel B, for the purpose of accommodating an open-air auditorium use, will:
(i) enable the stage area to be closed to the outdoor portion of the open-air auditorium during the off-season when the open-air auditorium is not in use, so as to be operated for indoor entertainment uses with an eating and drinking establishment or other use permitted on Parcel B; and
(ii) allow for such building to be operated, subsequent to the expiration of the special permit, for uses permitted on Parcel B, such as eating or drinking establishments with entertainment;
(4) appropriate visual and pedestrian connections are maintained in the general area of the former street bed from the termination of West 22nd Street to Riegelmann Boardwalk;
(5) the portions of the site not dedicated to the stage area or event seating are so designed to serve as a full time park-like resource for the public, and the portions of the site designed for open-air auditorium use serve as a high-quality open space resource when not in auditorium use;
(6) any roof or structural canopy above the open-air auditorium seating area will be visually unobtrusive, and maximize openness and visibility between the site and Riegelmann Boardwalk;
(7) the operations plan, which shall include a protocol for queuing for concertgoers, demonstrates that there would be no interference with the public use and enjoyment of adjacent public facilities; and
(8) the site plan, signage plan and lighting plan incorporate good design, effectively integrate the site with surrounding streets and Riegelmann Boardwalk, and are consistent with the purposes of the Special Coney Island District.
(c) The Commission may, through approval of the Proposed Plans, permit signs notwithstanding the applicable sign regulations, except that flashing signs shall not be permitted and only advertising signs that are oriented toward the interior of the open-air auditorium and not visible from Riegelmann Boardwalk or other public area shall be permitted.
In order to permit such signs, the Commission shall find that proposed signage is appropriate in connection with the permitted open-air auditorium use, is not unduly concentrated within one portion of the site, and will not negatively affect the surrounding area.
(d) The Commission may, through approval of the Proposed Plans, reduce or waive required parking or loading requirements, provided the Commission finds that the open-air auditorium will be adequately served by a combination of surrounding public parking facilities and mass transit. In addition, the Commission shall find that the proposed loading facilities on the site are located so as not to adversely affect the movement of pedestrians or vehicles on the streets surrounding the auditorium.
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area. Such conditions and safeguards may include, but are not limited to, restrictions on signage or requirements for soundproofing of auditoriums, shielding of floodlights or screening of open uses.
Upon the first issuance of this permit for an open-air auditorium, the effective period of the permit shall be 10 years from the date a certificate of occupancy, including a temporary certificate of occupancy, has been issued. To establish the term of years for subsequent applications for this special permit, the Commission shall, in determining whether the finding of paragraph (b)(1) of this Section is met, take into account the existing character of the surrounding area, as well as residential and community facility development proposed or under construction on surrounding blocks, and shall also consider whether continuation of such auditorium use within a proposed term of years would be compatible with or may hinder achievement of the goals and objectives of the Special Coney Island District plan. Subsequent applications for this special permit shall be filed no later than one year prior to expiration of the term of the permit then in effect.
Appendix A
Coney Island District Plan
Map 1 - Special Coney Island District and Subdistricts
Map 2 - Mandatory Ground Floor Use Requirements
Map 3 - Coney East Subdistrict Floor Area Ratios
Map 4 - Street Wall Location
Map 5 - Minimum and Maximum Base Heights
Map 6 - Coney West Subdistrict Transition Heights
