(a)        Northern Subdistrict

The underlying district height and setback regulations of Article II (Residence District Regulations) are applicable or modified as follows:

 

(1)        For buildings containing residences, the underlying height and setback regulations for buildings containing residences shall apply, except for in buildings in which 75 percent or more of the floor area is community facility floor area.

 

(2)        For buildings in which 75 percent or more of the floor area is community facility floor area, the underlying height and setback regulations shall not apply. In lieu thereof, any portion of a building that exceeds a height of 35 feet shall be set back at least 25 feet from a front yard line or street line, where applicable, and no portion of such building shall exceed a height of 60 feet.

 

(3)        For buildings containing commercial uses, the underlying height and setback regulations for commercial uses are modified as follows: no building containing commercial uses shall exceed a height of 30 feet, except for buildings subject to paragraphs (a)(1) or (a)(2) of this Section.

 

(4)        All structures other than buildings shall be limited to a height of 35 feet.

 

(b)        Southern Subdistrict

 

Within the Southern Subdistrict, the following height and setback regulations shall apply.

 

Where heights are measured from the base plane, the base plane shall be established at 12.348 feet above Manhattan Datum.

 

(1)        Street wall location

 

On building parcel E-2, where any portion of a building is located within 60 feet of Yankee Pier Plaza:

 

(i)        at least 65 percent of the street wall facing Yankee Pier Plaza shall be located within 15 feet of the street line adjoining Yankee Pier Plaza, and shall rise to a minimum base height of 30 feet; and

 

(ii)        where any portion of such building exceeds 125 feet in height, at least 50 percent of the street wall facing the esplanade shall rise to a minimum base height of 30 feet and be located within 30 feet of the esplanade.

 

On all other building parcels and for the street lines on building parcel E-2 other than the street lines facing Yankee Pier Plaza and the esplanade, no street wall location requirements shall apply.

 

(2)        Maximum base height and required setback

 

Within 15 feet of the street line, or as otherwise specified in Map 4 of the Appendix to this Chapter, the height of a building shall not exceed the maximum base heights set forth in Map 4 for the applicable frontage of a building parcel.

 

(3)        Maximum building height

 

The maximum height of a building or other structure shall not exceed the height set forth in the following table for the applicable building parcel:

 

MAXIMUM HEIGHT

Building parcel	Height above base plane (in feet)
E-1	125
E-2	225
E-3	175
E-4	125
W-1	200

 

In addition, the following shall apply:

 

(i)        In the Eastern Subarea, no portion of a building or other structure may exceed the maximum base height set forth in paragraph (b)(2) of this Section within 150 feet of the boundary of the Northern Subdistrict.

 

(ii)        In the Eastern Subarea, no portion of a building or other structure may be located in the open area required by paragraph (d) of Section 134-44 (Other Open Areas).

 

(iii)        In the Western Subarea, no portion of a building or other structure may exceed the maximum base height set forth in paragraph (b)(2) of this Section within:

 

(a)        100 feet of the esplanade;

 

(b)        150 feet of the boundary of the Northern Subdistrict; or

 

(c)        100 feet of the southern end of building parcel W-1.

 

For the purposes of this Section, the southern end of building parcel W-1 shall be measured from a line drawn perpendicular to the esplanade and intersecting building parcel W-1.

 

(iv)        In the Open Space Subarea, no portion of a building or other structure shall be permitted above base plane, except as provided in paragraph (b)(5) of this Section.

 

(4)        Permitted obstructions in the Eastern Subarea and Western Subarea

 

In the Eastern Subarea and Western Subarea, the provisions of Section 33-42 (Permitted Obstructions) shall apply to all buildings, modified as follows:

 

(i)        the obstructions permitted by paragraph (b) of Section 33-42 may exceed the maximum building height by 40 feet with no restriction on area; and

 

(ii)        no such obstructions shall be permitted within the setback required by paragraph (b)(2) of this Section.

 

(5)        Permitted obstructions in the Open Space Subarea

 

In the Open Space Subarea, permitted obstructions shall include:

 

(i)        buildings or other structures containing permitted uses, up to a height of not more than 25 feet;

 

(ii)        buildings or other structures containing permitted theater uses, up to a height of not more than 35 feet; and

 

(iii)        equipment and appurtenances associated with public parks and playgrounds, including, but not limited to, sculptures, works of art and other amenities referenced in Section 37-726 (Permitted obstructions).

 

The permitted obstructions set forth in paragraphs (b)(5)(i) and (b)(5)(ii) of this Section shall occupy no more than 20 percent of the Open Space Subarea.