Chapter 6 - Special Coney Island Mixed Use District (CO)
GENERAL PURPOSES
The "Special Coney Island Mixed Use District" established in this Resolution is designed to promote and protect the public health, safety and general welfare. These general goals include, among others, the following specific purposes:
(a) to stabilize the residential future of this mixed residential and industrial area by permitting expansion and development of residential and light manufacturing uses where adequate environmental standards are assured;
(b) to promote the opportunity for people to work in the vicinity of their residences;
(c) to provide a safe circulation system in this area of mixed residential and manufacturing use;
(d) to retain adequate wage, job-intensive, seasonally stable industries within New York City;
(e) to provide an opportunity for the improvement of Coney Island in a manner consistent with the objectives of the Comprehensive Plan of the City of New York; and
(f) to promote the most desirable use of land and thus to conserve the value of land and buildings and thereby protect the City tax revenues.
General Provisions
In harmony with the general purpose and intent of this Resolution and the general purpose of the Special Coney Island Mixed Use District and in accordance with the provisions of this Chapter, regulations of the Special Coney Island Mixed Use District shall replace and supersede the existing 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.
All residences and community facilities shall be subject to all the provisions applicable in R5 Districts, except as otherwise specifically provided in this Chapter. The special regulations relating to predominantly built-up areas, as defined in Section 12-10 (DEFINITIONS), shall apply to all buildings containing residences, except that front yards shall not be required.
All commercial and manufacturing uses shall be subject to all the provisions applicable in M1-2 Districts, except as otherwise specifically provided in this Chapter.
The use of any building may be changed to another use listed within the same Use Group or as provided in Sections 106-12 (Special Permit Provisions for Residential Uses), 106-32 (Special Permit Provisions for Manufacturing and Commercial Uses) or 106-33 (Changes of Manufacturing or Commercial Use).
In the case of a zoning lot occupied partly by residential uses and partly by other uses, the maximum floor area ratio on the zoning lot shall not exceed 2.0. In no event shall the total floor area of residential uses on a zoning lot exceed 1.65.
In any building above the level of the first story ceiling, residential uses shall not be located on the same story as or below manufacturing or commercial uses, and manufacturing uses shall not be located on the same story as or above residential uses.
Zoning lots adjacent to the Special Coney Island Mixed Use District shall not be subject to the provisions of Sections 42-214 (Special provisions applying along district boundaries), 42-412 (In M2 or M3 Districts), 42-42 (Enclosure or Screening of Storage), 42-44 (Limitations on Business Entrances, Show Windows or Signs), 42-56 (Special Provisions Applying Along District Boundaries), 43-30 (SPECIAL PROVISIONS APPLYING ALONG DISTRICT BOUNDARIES) or 44-583 (Restrictions on location of berths near Residence Districts).
Special regulations for residential uses are listed in Sections 106-11 and 106-12 of this Chapter.
Special regulations for community facility uses are listed in Section 106-21 of this Chapter.
Special regulations for manufacturing and commercial uses are listed in Sections 106-31, 106-32 and 106-33 of this Chapter.
Special regulations for buildings containing both residential and commercial uses are listed in Sections 106-41 and 106-42 of this Chapter.
Developments or enlargements containing residences are allowed as-of-right, provided that:
(a) the zoning lot shares a common side lot line on at least one side with a residential or community facility use;
(b) the frontage along the street line of the zoning lot shall not exceed 60 feet, but in no event shall the total area of such zoning lot exceed 7,800 square feet;
(c) the zoning lot is not located within a continuous frontage of vacant zoning lots or land with minor improvements whose aggregate length exceeds 60 feet;
(d) the zoning lot is not located on Cropsey Avenue or on the east side of Stillwell Avenue; and
(e) on the same zoning lot, there are no manufacturing uses or commercial uses that would not be permitted as-of-right within C7 Districts.
The City Planning Commission may permit within the Special Coney Island Mixed Use District:
(a) change of commercial or manufacturing use to residential use; and
(b) modification in yard and off-street parking regulations for residential uses in developments or enlargements;
provided that the following findings are made:
(1) that a change of use from manufacturing or commercial to residential use shall not displace any building or use, or preempt any zoning lot which is essential to the normal functioning and growth of existing manufacturing or commercial uses within the district; and
(2) that such residential uses shall not be exposed to inordinate noise, smoke, dust, noxious odor or other adverse influences from manufacturing uses and traffic.
The Commission may prescribe additional appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.
The City Planning Commission may permit within the Special Coney Island Mixed Use District:
(a) development of community facility buildings; and
(b) change of use of a residential, manufacturing or commercial building to a community facility use;
provided that the following finding are made:
(1) that such community facility is necessary to the growth and functioning of residential or manufacturing uses in the Special Coney Island Mixed Use District; and
(2) that a more suitable location for such use cannot be found outside the Special Coney Island Mixed Use District.
New buildings containing manufacturing uses or commercial uses shall be allowed as-of-right, provided that:
(a) the zoning lot shares a common side lot line with a manufacturing or commercial use;
(b) the frontage along the street line of the zoning lot shall not exceed 60 feet, but in no event shall the total area of such zoning lot exceed 7,800 square feet;
(c) the zoning lot is not located within a continuous frontage of vacant zoning lots whose aggregate length exceeds 60 feet;
(d) such manufacturing use is listed in Use Group M;
(e) such commercial use is listed in Use Groups 6, 7, 8, 9, 11 or 16 and is located on Neptune, Stillwell or Cropsey Avenues; and
(f) no residential uses occupy the zoning lot.
The City Planning Commission may permit within the Special Coney Island Mixed Use District:
(a) uses not permitted by the provisions of Section 106-31 (Special Provisions for As-of-Right New Buildings With Manufacturing and Commercial Uses);
(b) change of use from a residential use to a manufacturing use permitted by Section 106-31 or commercial use; and
(c) modifications in yard regulations for manufacturing uses permitted by Section 106-31 or commercial uses in developments or enlargements;
provided that the following findings are made:
(1) that such use will comply with the regulations on performance standards of M1 Districts;
(2) that additional truck traffic generated by such use or the modification of yard regulations will not create harmful, congested or dangerous conditions; and
(3) that a change of use from residential to a manufacturing use permitted by Section 106-31 or commercial use shall not displace or preempt any building which is essential to the functioning and growth of existing residences within the district.
The City Planning Commission may prescribe additional appropriate conditions and safeguards to minimize adverse effect on the character of the surrounding area.
Special Yard Regulations
Where a side lot line of a zoning lot containing manufacturing or commercial uses coincides with the side or rear lot line of a zoning lot containing residential uses, enlargements or developments shall provide an open area not at any point more than five feet above nor five feet below curb level, and at least 15 feet wide.
Where the rear lot line of a zoning lot containing manufacturing or commercial uses coincides with a side lot line of a zoning lot containing residential uses, enlargements or developments shall provide an open area not at any point more than five feet above nor five feet below curb level, and at least 20 feet in depth.
Where a zoning lot containing manufacturing or commercial uses shares a common rear lot line with a zoning lot containing residential uses, enlargements or developments shall provide an open area not at any point more than five feet above nor five feet below curb level, and at least 30 feet in depth. Such open areas shall not be used for accessory off-street parking, accessory off-street loading, or for storage or processing of any kind.
Use Regulations
Developments containing both residential and commercial uses are allowed in the Special Coney Island Mixed Use District, provided that the regulations of this Chapter are met. No buildings, however, shall contain both residential uses and commercial uses that would not be permitted as-of-right within C7 Districts.
No front or side yards are required for buildings containing both residential and commercial uses. For the residential portion of such buildings, the rear yard may be provided at any level not higher than the floor level of the lowest story used for residential use.
ADMINISTRATION
An application to the City Planning Commission for the grant of a special permit under the provisions of this Chapter shall include a site plan showing the location and proposed use of all buildings or other structures on the site, the location of all vehicular entrances and exits, and such other information as may be required by the Commission.
Special permit applications for development pursuant to Section 106-32 (Special Permit Provisions for Manufacturing and Commercial Uses) shall be referred to the Department of Transportation for its report, pursuant to Section 74-31, paragraph (d).
In all cases, the City Planning Commission shall deny any application whenever the development will interfere with a public improvement which has been approved by the Board of Estimate, the City Planning Commission, or the Site Selection Board.
