Chapter 4 - Special Sheepshead Bay District (SB)
GENERAL PURPOSES
The "Special Sheepshead Bay District," established in this Resolution, is designed to promote and protect public health, safety, general welfare and amenity. These general goals include, among others, the following specific purposes:
(a) to promote and strengthen the unique character of the "Special Sheepshead Bay District" area as a prime location for waterfront-related commercial and recreational development and to help attract a useful cluster of shops, restaurants and related activities, which will complement and enhance the area as presently existing;
(b) to encourage the provision of housing with appropriate amenities in areas suitable for residential development;
(c) to improve vehicular and pedestrian circulation patterns by requiring limited curb cuts and uniform sidewalk widening, and encouraging the provision of public open space and other amenities as a related part of new development;
(d) to provide an incentive for redevelopment of the area in a manner consistent with the foregoing objectives which are integral elements of the Comprehensive Plan of the City of New York;
(e) to facilitate flood-resilient construction and open space design to reduce the potential for property damage and disruption from regular flood events; and
(f) to promote the most desirable use of land in this area and thus to conserve the value of land and thereby protect the City's tax revenues.
Definitions
Development
For the purposes of this Chapter, a "development" includes development, as defined in Section 12-10, or an enlargement.
Development rights
For the purposes of this Chapter, the "development rights" of a granting lot shall consist of the unused bonus floor area allowed by Section 94-08 (Special Floor Area Bonus Provisions). Any unused bonus floor area transferred from a granting lot may be used on a receiving lot either for residential or commercial uses as set forth in Section 94-094 (Authorization provisions for transfer of development rights to receiving lots).
Granting lot
For the purposes of this Chapter, a "granting lot" is a zoning lot, with a minimum area of 20,000 square feet, which is located in Areas A, C, D or E, as indicated in Appendix A (District Map), and is developed pursuant to Sections 94-07 (Mandatory Provisions) and 94-08 (Special Floor Area Bonus Provisions).
Person
For the purposes of this Chapter, a "person" is an individual, corporation (whether incorporated for business, public benefit, or non-profit purposes or otherwise), partnership, trust, firm, organization, other association or any combination thereof.
Receiving lot
For the purposes of this Chapter, a "receiving lot" is a zoning lot, with a minimum area of 20,000 square feet, which is located in Areas A, C, E or F, as indicated in Appendix A (District Map), and on which development rights are transferred from a granting lot pursuant to Section 94-094.
General Provisions
In harmony with the general purposes of the Special Sheepshead Bay District and in accordance with the provisions of this Chapter, certain specified regulations of the districts on which the Special Sheepshead Bay District is superimposed are made inapplicable and special regulations are substituted therefor. The City Planning Commission, by special permit, may grant certain uses and may authorize bulk modifications within the Special District as set forth in this Chapter. Except as modified by the express provisions of this Special District, the regulations of the underlying zoning districts remain in effect.
In the waterfront area, the provisions of the Special Sheepshead Bay District are modified in accordance with the provisions of Section 62-13 (Applicability of District Regulations).
In flood zones, 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 Zones), the provisions of Article VI, Chapter 4, shall control.
An application to the City Planning Commission for the grant of a special permit or authorization respecting any development under the provisions of this Chapter shall include a site plan showing the location and proposed use of all buildings or other structures on both the granting and receiving lots; the location of all special amenities that are to be provided under the mandatory and bonus provisions; the location of all vehicular entrances and exits and off-street parking and loading spaces; and such other information as may be required by the Commission for its determination as to whether or not a special permit or authorization is warranted.
In all cases, the City Planning Commission shall deny a special permit or authorization application whenever the development will interfere with a public improvement project (including housing, highways, public buildings or facilities, redevelopment or renewal projects, or rights-of-way for sewers, transit or other public facilities) which is approved by or pending before the Board of Estimate, City Planning Commission or Site Selection Board, as determined from the calendar of each agency issued prior to the date of the public hearing on the application for a special permit or authorization.
Special Use Regulations
In order to preserve the character of the area and to encourage waterfront and related uses, special limitations are imposed on the location, size and kinds of uses permitted within the Special District as set forth in this Section.
A. Residential and community facility uses
Residential and community facility uses shall be allowed anywhere within the Special District, except as set forth in Section 94-065 (Restriction on ground floor use).
B. Commercial uses
In all Areas, as indicated in Appendix A (Special Sheepshead Bay District Map) of this Chapter, the underlying C2 District regulations shall apply to commercial uses.
Streetscape regulations
The underlying ground floor level streetscape provisions of Section 32-30 (STREETSCAPE REGULATIONS), inclusive, shall apply, except that:
- ground floor level street frontages in Areas A, B, C and D as indicated in Appendix A (Special Sheepshead Bay District Map) of this Chapter along Emmons Avenue shall be considered Tier C street frontages;
- ground floor level street frontages in Areas A, B, C, E and F, as indicated in Appendix A (Special Sheepshead Bay District Map) of this Chapter, along Sheepshead Bay Road, Ocean Avenue, Bedford Avenue, Nostrand Avenue, as well as, in Areas E and F, frontages along Emmons Avenue, shall be considered Tier B street frontages; and
- in Areas A, B, C and D, the size of ground floor level commercial uses shall be limited to a maximum floor area of 3,500 square feet per establishment and to a maximum frontage per establishment at the ground floor level of 35 feet when facing any plaza, Emmons Avenue, Sheepshead Bay Road, Ocean Avenue and Bedford Avenue, except that:
- such size limitation shall not apply to eating or drinking establishments listed under Use Group VI; and
- in Area B, grocery and convenience retailers listed under Use Group VI may exceed such size limitations if the following criteria are met:
- such establishment shall be on a zoning lot existing on May 27, 2015;
- only one such establishment shall be permitted on a zoning lot; and
- the size of such establishment shall be limited to 15,000 square feet of floor area utilized for the sale of food and non-food grocery products and, further, such establishment shall be limited to an additional 6,500 square feet of floor area for accessory office and storage space.
Additional sign regulations
Where illuminated signs are permitted by the underlying district regulations, such signs shall have only indirect illumination. Where signs, other than advertising signs, are permitted by the underlying district regulations, such signs shall not extend above the roof level of any building or other structure in the Special District.
Mandatory Provisions
All developments within the Special District shall comply with the mandatory provisions made applicable by this Section and such mandatory improvements, when developed for a floor area bonus pursuant to Section 94-08 (Special Floor Area Bonus Provisions), shall require certification by the City Planning Commission, pursuant to Section 94-13.
Sidewalk extension area
All developments which are located on a zoning lot with frontage along Emmons Avenue, Sheepshead Bay Road, Ocean Avenue, Bedford Avenue or Nostrand Avenue shall contain a sidewalk extension area, which complies with the following requirements:
(a) has a minimum depth of five feet, measured perpendicular to such street lines;
(b) extends the full length of the zoning lot along such street lines, except for existing buildings within five feet of the street line;
(c) is open and unobstructed from its lowest level to the sky;
(d) maintains continuity with the established sidewalk, to which it shall be immediately adjacent throughout its entire length;
(e) is available for public use at all times; and
(f) has a paved surface which complies with standards as established by the New York City Department of Transportation.
No sidewalk extension area shall be required along any portion of a street line where a plaza is provided in accordance with the provisions of Sections 94-072 (Special plaza provisions) or 94-081 (Plaza bonus).
Special plaza provisions
In Areas A, C and E, all developments that are located on a zoning lot with frontage along Emmons Avenue, except for a zoning lot of less than 8,000 square feet that was in existence as of November 1, 1972, shall provide and maintain a plaza for public use which complies with the following requirements:
(a) The plaza shall abut the Emmons Avenue street line along the full length of such lot line or for a distance of at least 50 feet, whichever is less.
(b) The plaza shall be directly accessible to the public at all times from Emmons Avenue or a plaza.
(c) The size of the plaza shall be at least 4,000 square feet in one location with a minimum dimension of 35 feet, and shall comply with the provisions of Section 94-20 (DESIGN REQUIREMENTS FOR PLAZAS).
In Areas A, C, D, E and F, any development on a zoning lot with an area of at least 20,000 square feet within the Special District shall be eligible for a floor area bonus as set forth in this Section.
In areas A and E, for any development, the floor area bonus earned under the provisions of this Section may be used either for residential use on the same zoning lot or may be transferred to a receiving lot within the Special District, pursuant to Section 94-093 (Transfer of development rights from granting lots).
In Area C, for any development, the floor area bonus earned under the provisions of this Section may be used either for commercial use on the same zoning lot or may be transferred to a receiving lot within the Special District, pursuant to Section 94-093.
In Area D, for any development, the floor area bonus earned under the provisions of this Section may be used only for the purposes of transfer to a receiving lot within the Special District, pursuant to Section 94-093.
In Area F, for any development, the floor area bonus earned under the provisions of this Section may be used only for residential use on the same zoning lot.
In no event shall the aggregate bonus floor area, permitted under the provisions of this Section, exceed the basic floor area ratio permitted for residential use by Section 94-09 (Special Bulk Regulations) by more than 60 percent in Areas A, C, D or E, or by more than 20 percent in Area F.
Any floor area bonus received according to the provisions of this Section shall require certification by the City Planning Commission, pursuant to Section 94-13.
Plaza bonus
In Areas A, C, D, E and F, any development on a zoning lot which provides and maintains a plaza for public use shall be eligible for a floor area bonus, in accordance with the following provisions:
(a) the development shall contain a minimum area of 20,000 square feet;
(b) the plaza shall comply with the following minimum area requirements:
(1) in Areas A, C, D and E, the plaza shall be at least 4,000 square feet in one location, with a minimum dimension of 35 feet;
(2) in Area F, the plaza shall be at least 5,000 square feet in one location, with a minimum dimension of 50 feet;
(c) the plaza shall not be located within 30 feet of the Leif Ericson Drive service road;
(d) the plaza shall comply with the provisions of Section 94-20 (DESIGN REQUIREMENTS FOR PLAZAS); and
(e) the development shall be eligible for a floor area bonus as follows:
(1) in Areas A, C, D, and E, the floor area bonus shall be at a rate of 3.5 square feet of floor area for every square foot of plaza area;
(2) in Area F, the floor area bonus shall be at a rate of one square foot of floor area for every two square feet of plaza area.
Special parking bonus
In Areas C, D or E, any development on a zoning lot with a minimum area of 20,000 square feet shall be eligible for a floor area bonus at the rate of one square foot of floor area for every square foot of accessory commercial parking space above the minimum amount required by the underlying district regulations and made available for daily long-term parking.
To be eligible for a floor area bonus under the provisions of this Section, there shall be at least five additional parking spaces provided and the size of each parking space shall be at least 300 square feet. In no event shall the dimension of any parking stall be less than 18 feet long and 8 feet, 6 inches wide.
Special Bulk Regulations
Basic floor area ratio
For the purposes of this Chapter, the floor area ratio of a zoning lot within the Special District shall not exceed the floor area ratio permitted by the underlying district regulations, except as set forth in Section 94-092 (Maximum floor area ratio).
Maximum floor area ratio
The permitted basic floor area ratio for residential or community facility use is 1.25 and for commercial use is 1.00. The permitted basic floor area ratio may be increased on any zoning lot by the amount set forth in Section 94-08 (Special Floor Area Bonus Provisions) or through transfer provisions pursuant to Section 94-094 (Authorization provisions for transfer of development rights to receiving lots) or by special permit pursuant to Section 94-096 (Special permit for floor area, location within buildings, building height and related parking modifications within Area G).
In Areas A, E and F, the maximum floor area ratio for any residential or community facility use on a zoning lot shall in no event be more than 2.00 and for commercial use be no more than 1.00.
In Area C, the maximum floor area ratio for any residential or community facility use on a zoning lot shall in no event be more than 1.25 and for commercial use be more than 1.50. The maximum floor area in a mixed building within the Special District shall be the maximum floor area permitted for either the residential portion, the community facility portion or the commercial portion of such a building, whichever permits the greatest amount of floor area.
Development rights from a granting lot may be conveyed, or otherwise disposed of:
(a) directly to a receiving lot; or
(b) to a person for subsequent disposition to a receiving lot all in accordance with the provisions of this Special District. Any person may convey interest in all or any portion of such development rights to another person, but such development rights may only be used for a development on a receiving lot.
In transferring development rights from granting lots, such bonus floor area shall not exceed 40 percent of the basic floor area ratio in Areas A, C and E, and shall not exceed 60 percent of the basic floor area ratio in Area D, as permitted on such granting lots by Section 94-09 (Special Bulk Regulations), inclusive.
The City Planning Commission, on application after public notice and hearing, may authorize the addition of all or any portion of the development rights from a granting lot to the permitted floor area of a receiving lot, provided that:
(a) the maximum floor area for any development on a receiving lot does not exceed the maximum floor area permitted by Section 94-092 (Maximum floor area ratio);
(b) the development shall aid in achieving the general purposes and intent of this Chapter as set forth in Section 94-00 (GENERAL PURPOSES);
(c) the design of the development shall not impair the character of the surrounding area or its future development;
(d) the distribution of the bulk on the receiving lot permits adequate access of light and air to surrounding streets and properties;
(e) the traffic created by the development will not create or contribute to serious traffic congestion and will make adequate provisions for unconstrained pedestrian circulation; and
(f) the requirements set forth in Sections 94-093 (Transfer of development rights from granting lots), 94-12 (Recordation) and 94-13 (Certification) are satisfied.
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.
Open space ratio
For the purposes of this Section, the minimum required open space ratio for a building on a zoning lot shall be 40.0. However, if a zoning lot is developed pursuant to Sections 94-08 (Special Floor Area Bonus Provisions) or 94-094 (Authorization provisions for transfer of development rights to receiving lots), then the minimum open space ratio may be modified as set forth in this Section. For every 0.10 increase in permitted floor area ratio on a zoning lot, the corresponding required open space ratio may be decreased by not more than 2.0. In no event shall the required open space ratio on a zoning lot be less than 25.0.
For enlargements to buildings in Area G, on zoning lots with a lot area of at least 10,000 square feet and existing on March 22, 2016, the City Planning Commission may:
(a) modify the provisions of Section 94-092 (Maximum floor area ratio) to increase the permitted floor area ratio for commercial use to 2.0 provided that such enlargement:
(1) is designed so as not to impair the character of the surrounding area or its future development; and
(2) will not cause undue congestion on local streets or impair pedestrian circulation;
(b) modify the height provisions of paragraph (a) of Section 33-431 (In C1 or C2 Districts with bulk governed by surrounding Residence District) relating to the requirements in Section 32-42 for location of uses within buildings, to allow a commercial building or portion thereof to exceed 30 feet in height or two stories, provided that such building shall not exceed a maximum height of 35 feet or three stories, whichever is less; and provided that the distribution of the bulk permits adequate access of light and air to surrounding streets and properties, and does not impair the view of the Bay; and
(c) waive or reduce the number of accessory off-street parking spaces required by Section 36-21 (General Provisions) for such use, provided that the applicant has demonstrated that the number of accessory off-street parking spaces supplied is sufficient to meet the parking needs of such use.
The Commission may prescribe appropriate additional conditions and safeguards to minimize adverse effects on the character of the surrounding area.
The height and setback regulations set forth in Sections 23-631 (General provisions), 34-24 (Modification of Height and Setback Regulations) and 35-62 (Commercial Districts With an R1 Through R5 Residential Equivalent), shall not apply to buildings in the Special Sheepshead Bay District. In lieu thereof, height and setback regulations set forth in this Section shall apply. For buildings in Residence Districts, building height is measured from the base plane. For buildings in Commercial Districts, building height is measured from curb level.
In Areas A, B, C, D, E and F, the street wall or any other portion of a residential building or the residential portion of a mixed building, except for a structure which encloses only accessory parking fronting on the Leif Ericson Drive service road street line, shall be set back a minimum distance of 10 feet from all street lines. Beyond the initial setback distance, the building shall not exceed the maximum height as set forth in this Section.
In Area A, the maximum height of a street wall or other portion of a building within 25 feet of the Emmons Avenue or 15 feet of the Sheepshead Bay Road street lines shall not exceed two stories or 30 feet, whichever is fewer. Beyond the initial setback distances in Area A, the building shall not exceed seven stories or 85 feet, whichever is fewer.
In Area C, the maximum height of a street wall or other portion of a building within 25 feet of the Emmons Avenue or Ocean Avenue street lines shall not exceed two stories or 30 feet, whichever is fewer. Beyond the initial setback distance of 25 feet in Area C, the building shall not exceed four stories or 50 feet, whichever is fewer.
In Areas B and D, a building shall not exceed four stories or 50 feet, whichever is fewer.
In Areas E and F, within 75 feet of the Emmons Avenue street line, the maximum height of any portion of a building shall not be more than three stories or 35 feet, whichever is fewer. Beyond the initial setback distance of 75 feet in Areas E and F, the building shall not exceed six stories or 75 feet, whichever is fewer.
In Areas G and H, a building shall not exceed three stories or 35 feet, whichever is fewer. However, the City Planning Commission may, by a special permit, modify such height restrictions, provided that:
(a) the distribution of the bulk permits adequate access of light and air to surrounding streets and properties, and does not impair the view of the Bay; and
(b) the height of such building does not exceed five stories or 50 feet, whichever is fewer.
The Commission may prescribe appropriate conditions and safeguards to protect the view of the Bay and to minimize the adverse effects on the character of the surrounding areas.
Curb cuts
No curb cuts shall be permitted on Emmons Avenue, Sheepshead Bay Road, Ocean Avenue, Bedford Avenue or Nostrand Avenue except that where no access is available on a zoning lot from another street, one curb cut shall be permitted.
Treatment of parking areas
Any parking facilities in the Special District that are not completely enclosed shall be screened by shrubbery at least three feet high at the time of planting and expected to form a year-round dense screen at least five feet high within three years. When roof parking is provided, it shall be screened where it is visible from a street or plaza.
In areas A, B, C, D, E and F, the provisions of Section 36-23 (Waiver of Requirements for Spaces Below Minimum Number) do not apply.
The provisions relating to modifications of parking requirements of Article VII, Chapter 3 (Special Permits by the Board of Standards and Appeals) in Sections 73-10 through 73-52, shall not apply in the Special District.
In Area F, accessory off-street parking spaces for commercial uses may be located outside the commercially zoned area but within 600 feet of the building to which it is accessory, only if an area equal to the lot area occupied by the parking in the residential area is provided as a plaza in the commercially zoned area to which the parking is accessory.
Recordation
At the time of transfer of development rights from a zoning lot, there shall be recorded in the land records and indexed against such granting lot from which floor area is removed, an instrument removing such floor area and prohibiting construction on such lot from which the floor area is taken, of any building or other structure which would contain a floor area in excess of that still available to the zoning lot after deducting the floor area removed. Such prohibition shall be non-cancelable for 99 years and, at the time of the addition of development rights to a receiving lot as provided in Section 94-094 (Authorization provisions for transfer of development rights to receiving lots), there shall be recorded in the land records and indexed against such zoning lot to which floor area is added, an instrument transferring the floor area to the receiving lot benefited. A certified copy of such instruments shall be submitted to the City Planning Commission upon recordation thereof.
Certification
An application for certification pursuant to Sections 94-07 (Mandatory Provisions) or 94-08 (Special Floor Area Bonus Provisions), by the City Planning Commission shall include:
(a) written notice of intention to develop a zoning lot within the Special District;
(b) plans for lot improvements, which shall be constructed on both granting and receiving lots; and
(c) consents, agreements, restrictive declarations or legal documents obligating the owner of the zoning lot or its designee to develop its property in accordance with the provisions of this Chapter.
The Commission may prescribe appropriate conditions and safeguards in connection with the issuance of such certification.
Where a plaza within the Special Sheepshead Bay District is provided in accordance with the provisions of this Chapter, such plaza shall comply with the applicable minimum design standards set forth in this Section.
(a) Design criteria
(1) Basic design criteria
Plazas shall comply with the standards set forth in paragraphs (a) and (b) of Sections 37-715 (Requirements for major portions of public plazas), 37-716 (Requirements for minor portions of public plazas), and 37-718 (Paving).
(2) Access and circulation
Plazas shall meet the requirements set forth in Section 37-721 (Sidewalk frontage), and Sections 37-723 (Circulation paths) through 37-726 (Permitted obstructions), inclusive. Hours of access shall be governed by Section 37-727 (Hours of access). Accessibility for persons with disabilities shall be provided in compliance with Section 37-728 (Standards of accessibility for persons with disabilities).
Plazas shall be located no lower than curb level.
(3) Kiosks and open air cafes
Kiosks or open air cafes shall meet the operational and service requirements as set forth in paragraphs (a) and (b) of Section 37-73 (Kiosks and Open Air Cafes), as applicable. In addition, kiosks may be placed on plazas upon certification by the Chairperson of the City Planning Commission as set forth in paragraph (c) of Section 37-73.
(4) Seating
Seating shall meet the minimum and maximum dimensional standards set forth in paragraphs (1) through (7) of Section 37-741 (Seating).
(5) Planting and trees
Plazas shall provide planting areas in compliance with Section 37-742 (Planting and trees). All planted areas shall consist of salt-tolerant species recommended by the Department of Parks and Recreation.
(6) Lighting and electrical power
All plazas shall provide lighting and electrical power pursuant to the standards set forth in Section 37-743 (Lighting and electrical power).
(7) Litter receptacles
All plazas shall provide litter receptacles pursuant to the standards set forth in Section 37-744 (Litter receptacles).
(8) Bicycle parking
All plazas shall provide bicycle parking pursuant to the standards set forth in Section 37-745 (Bicycle parking).
(9) Drinking fountains
A minimum of one drinking fountain shall be provided in all plazas.
(10) Signs
All plazas shall provide entry and information plaques that contain the words “Open to the public” and information regarding the hours of access. Prohibition and accessory signage may be provided pursuant to the standards set forth in Sections 37-752 (Prohibition signs) and 37-753 (Accessory signs).
(b) Maintenance
The owner shall be responsible for the maintenance of all plazas, including, but not limited to, litter control, management of pigeons and rodents, maintenance of required lighting levels, and the care and replacement of furnishings and vegetation within the zoning lot.
(c) Compliance
Plazas shall be governed by the compliance requirements of Section 94-13 (Certification).
