Preview
FILED: KINGS COUNTY CLERK 10/12/2017 05:19 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 10/12/2017
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.
(10/4/73)
94-06
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.
(5/27/15)
94-061
Permitted residential, community facility and commercial uses
A. #Residential# and #community facility uses#
#Uses# listed in Use Groups 1, 2, 3 and 4 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 Areas A, B, C, D and E, as indicated in Appendix A
(Special Sheepshead Bay District Map) of this Chapter, only
those #commercial uses# listed in Section 94-062 (Use Group
SB), those #uses# listed in Section 62-211 (Water-Dependent
(WD) uses) from Use Groups 6, 7, 9 and 14, and those #uses#
permitted pursuant to Section 94-063 (Uses permitted by
special permit), shall be allowed. In addition, in Area B, a
food store, as listed in Section 32-15 (Use Group 6), shall
also be allowed on a #zoning lot# existing on May 27, 2015,
for a period of 10 years from such date. Such food store
shall be limited to one such establishment per #zoning lot#
and 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#
FILED: KINGS COUNTY CLERK 10/12/2017 05:19 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 10/12/2017
office and storage space. There shall be no limitation on
the amount of #floor area# utilized for eating or drinking
places as listed in Use Group SB, pursuant to Section 94-
062.
In Area F, only #commercial uses# listed in Use Group 6 and
those listed in Section 62-211 from Use Groups 6, 7, 9 and
14 shall be allowed within the underlying #Commercial
Districts#.
In Area G, only #commercial uses# listed in Use Groups 6, 7,
8 and 9 and those listed in Section 62-211 from Use Groups
6, 7, 9 and 14 shall be allowed within the underlying
#Commercial Districts#.
In Area H, except for #uses# permitted pursuant to Section
94-063, #commercial uses# shall be limited to those listed
in Section 62-211 from Use Groups 6, 7, 9 and 14 and the
following #uses#:
Antique stores
Art galleries, commercial
Artists' supply stores
Bicycle sales, rental or repair shops
Boat fuel sales, open or enclosed, restricted to
location within 10 feet of a dock berth
Boat rentals, open or enclosed
Boat showrooms or sales
Boat storage, repair or painting, including the
incidental sale of boats, boat parts or accessories,
restricted to boats less than 100 feet in length,
provided that such #use# or portion thereof may be
conducted outside a #completely enclosed building# only
if located at a distance greater than 100 feet from a
#Residence District# boundary
Book stores
Candy or ice cream stores
Cigar or tobacco stores
Coin-operated ice vending machines, including those
FILED: KINGS COUNTY CLERK 10/12/2017 05:19 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 10/12/2017
machines that are self-contained dealing directly with
the ultimate consumer. Such self-contained machines
shall be limited to 1,600 pounds capacity solely for
the use of such self-contained machines
Docks for pleasure boats less than 100 feet in length
Eating or drinking places, including those which
provide outdoor table service or incidental musical
entertainment
Fish stores, retail
Fishing tackle or equipment, rental or sales
Florist shops
Gift shops
Gymnasiums, used exclusively for basketball, handball,
squash and tennis
Hardware stores, limited to marine supplies
#Hotels, transient#
Jewelry or art metal craft shops
#Motels# or #boatels#
Newsstands, open or enclosed
Non-commercial clubs, without restrictions on
activities or facilities
Pet shops
Photographic equipment or supply stores
Picture framing shops
Sailmaking establishments
Sale or rental of sporting goods or equipment,
including instructions in skiing, sailing or skin
diving
Stamp or coin stores
FILED: KINGS COUNTY CLERK 10/12/2017 05:19 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 10/12/2017
Studios, art, music, dance or theatrical
Taxidermist shops
C. #Accessory uses#
(2/2/11)
94-062
Use Group SB
In Areas A, B, C, D and E, except as stated in this Section, all
#commercial uses# permitted by Use Group SB shall be limited to a
maximum #floor area# of 3,500 square feet per establishment and
to a maximum frontage per establishment at ground floor level of
35 feet when facing any plaza, Emmons Avenue, Sheepshead Bay
Road, Ocean Avenue and Bedford Avenue. Any #use# marked with a
single asterisk (*) shall not be located on the ground floor of a
#building#.
A. Convenience retail or service establishments
Bakeries, limited to 750 square feet of #floor area# for
production
Eating or drinking places, with no restriction on #floor
area# or frontage per establishment, including those which
provide outdoor table service or incidental musical
entertainment
Hardware stores, limited to marine supplies
Stationery stores
Tailor or dressmaking shops, custom
B. Offices
* Offices, business, professional or governmental
C. Retail or service establishments
Antique stores
Art galleries
Artists' supply stores
FILED: KINGS COUNTY CLERK 10/12/2017 05:19 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 10/12/2017
Bicycle, rental or sales
Boat showrooms, with no repair or preparation or boats for
delivery, #floor area# limited to 5,000 square feet
Book stores
Candy or ice cream stores
Cigar or tobacco stores
Clothing stores or clothing accessory stores
Dry goods stores (fabrics)
Fishing tackle and equipment
Florists
Gift shop
* Gymnasiums, used exclusively for basketball, handball,
squash and tennis
Jewelry or art metal shops
Leather goods stores
* Meeting halls, having a rated capacity of not more than 75
people
Millinery shops
Music stores or repair shops
Newsstands, open or enclosed
Off-track betting establishments
Pet shops
Photographic equipment or supply stores
** #Physical culture or health establishments#, other than
#adult physical culture establishments#, including
gymnasiums, having a rated capacity of not more than 50
people
Picture framing shops
FILED: KINGS COUNTY CLERK 10/12/2017 05:19 PM INDEX NO. 510844/2016
NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 10/12/2017
Record stores
Shoe stores
Sporting or athletic goods stores
Stamp or coin stores
Studios, music, dance or theatrical, with no restriction on
#floor area#
Taxidermist shops
Toy stores
Travel bureaus
Watch or clock stores or repair shops
D. Clubs
Clubs, non-commercial, without restrictions on activities or
facilities
E. #Accessory uses#
#Uses# listed in Use Group SB, marked with a double
asterisk, are permitted only by special permit of the Board
of Standards and Appeals, pursuant to the provisions of
Section 73-36
(2/2/11)
94-063
Uses permitted by special permit
The City Planning Commission, by special permit, may allow the
#uses# listed in Tables 1 and 2 in Areas A, B, C, D and E and the
#uses# listed in Table 2 only in Area H, provided that the
following findings are made:
(a) the #use# is so located as not to impair the character of
the surrounding area or its future development or cause any
environmental hazards;
(b) the principal vehicular access for such #use# is not located
on Emmons Avenue, Sheepshead Bay Road, Ocean Avenue or
Preview
FILED: KINGS COUNTY CLERK 10/12/2017 05:19 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 10/12/2017 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. (10/4/73) 94-06 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. (5/27/15) 94-061 Permitted residential, community facility and commercial uses A. #Residential# and #community facility uses# #Uses# listed in Use Groups 1, 2, 3 and 4 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 Areas A, B, C, D and E, as indicated in Appendix A (Special Sheepshead Bay District Map) of this Chapter, only those #commercial uses# listed in Section 94-062 (Use Group SB), those #uses# listed in Section 62-211 (Water-Dependent (WD) uses) from Use Groups 6, 7, 9 and 14, and those #uses# permitted pursuant to Section 94-063 (Uses permitted by special permit), shall be allowed. In addition, in Area B, a food store, as listed in Section 32-15 (Use Group 6), shall also be allowed on a #zoning lot# existing on May 27, 2015, for a period of 10 years from such date. Such food store shall be limited to one such establishment per #zoning lot# and 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# FILED: KINGS COUNTY CLERK 10/12/2017 05:19 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 10/12/2017 office and storage space. There shall be no limitation on the amount of #floor area# utilized for eating or drinking places as listed in Use Group SB, pursuant to Section 94- 062. In Area F, only #commercial uses# listed in Use Group 6 and those listed in Section 62-211 from Use Groups 6, 7, 9 and 14 shall be allowed within the underlying #Commercial Districts#. In Area G, only #commercial uses# listed in Use Groups 6, 7, 8 and 9 and those listed in Section 62-211 from Use Groups 6, 7, 9 and 14 shall be allowed within the underlying #Commercial Districts#. In Area H, except for #uses# permitted pursuant to Section 94-063, #commercial uses# shall be limited to those listed in Section 62-211 from Use Groups 6, 7, 9 and 14 and the following #uses#: Antique stores Art galleries, commercial Artists' supply stores Bicycle sales, rental or repair shops Boat fuel sales, open or enclosed, restricted to location within 10 feet of a dock berth Boat rentals, open or enclosed Boat showrooms or sales Boat storage, repair or painting, including the incidental sale of boats, boat parts or accessories, restricted to boats less than 100 feet in length, provided that such #use# or portion thereof may be conducted outside a #completely enclosed building# only if located at a distance greater than 100 feet from a #Residence District# boundary Book stores Candy or ice cream stores Cigar or tobacco stores Coin-operated ice vending machines, including those FILED: KINGS COUNTY CLERK 10/12/2017 05:19 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 10/12/2017 machines that are self-contained dealing directly with the ultimate consumer. Such self-contained machines shall be limited to 1,600 pounds capacity solely for the use of such self-contained machines Docks for pleasure boats less than 100 feet in length Eating or drinking places, including those which provide outdoor table service or incidental musical entertainment Fish stores, retail Fishing tackle or equipment, rental or sales Florist shops Gift shops Gymnasiums, used exclusively for basketball, handball, squash and tennis Hardware stores, limited to marine supplies #Hotels, transient# Jewelry or art metal craft shops #Motels# or #boatels# Newsstands, open or enclosed Non-commercial clubs, without restrictions on activities or facilities Pet shops Photographic equipment or supply stores Picture framing shops Sailmaking establishments Sale or rental of sporting goods or equipment, including instructions in skiing, sailing or skin diving Stamp or coin stores FILED: KINGS COUNTY CLERK 10/12/2017 05:19 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 10/12/2017 Studios, art, music, dance or theatrical Taxidermist shops C. #Accessory uses# (2/2/11) 94-062 Use Group SB In Areas A, B, C, D and E, except as stated in this Section, all #commercial uses# permitted by Use Group SB shall be limited to a maximum #floor area# of 3,500 square feet per establishment and to a maximum frontage per establishment at ground floor level of 35 feet when facing any plaza, Emmons Avenue, Sheepshead Bay Road, Ocean Avenue and Bedford Avenue. Any #use# marked with a single asterisk (*) shall not be located on the ground floor of a #building#. A. Convenience retail or service establishments Bakeries, limited to 750 square feet of #floor area# for production Eating or drinking places, with no restriction on #floor area# or frontage per establishment, including those which provide outdoor table service or incidental musical entertainment Hardware stores, limited to marine supplies Stationery stores Tailor or dressmaking shops, custom B. Offices * Offices, business, professional or governmental C. Retail or service establishments Antique stores Art galleries Artists' supply stores FILED: KINGS COUNTY CLERK 10/12/2017 05:19 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 10/12/2017 Bicycle, rental or sales Boat showrooms, with no repair or preparation or boats for delivery, #floor area# limited to 5,000 square feet Book stores Candy or ice cream stores Cigar or tobacco stores Clothing stores or clothing accessory stores Dry goods stores (fabrics) Fishing tackle and equipment Florists Gift shop * Gymnasiums, used exclusively for basketball, handball, squash and tennis Jewelry or art metal shops Leather goods stores * Meeting halls, having a rated capacity of not more than 75 people Millinery shops Music stores or repair shops Newsstands, open or enclosed Off-track betting establishments Pet shops Photographic equipment or supply stores ** #Physical culture or health establishments#, other than #adult physical culture establishments#, including gymnasiums, having a rated capacity of not more than 50 people Picture framing shops FILED: KINGS COUNTY CLERK 10/12/2017 05:19 PM INDEX NO. 510844/2016 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 10/12/2017 Record stores Shoe stores Sporting or athletic goods stores Stamp or coin stores Studios, music, dance or theatrical, with no restriction on #floor area# Taxidermist shops Toy stores Travel bureaus Watch or clock stores or repair shops D. Clubs Clubs, non-commercial, without restrictions on activities or facilities E. #Accessory uses# #Uses# listed in Use Group SB, marked with a double asterisk, are permitted only by special permit of the Board of Standards and Appeals, pursuant to the provisions of Section 73-36 (2/2/11) 94-063 Uses permitted by special permit The City Planning Commission, by special permit, may allow the #uses# listed in Tables 1 and 2 in Areas A, B, C, D and E and the #uses# listed in Table 2 only in Area H, provided that the following findings are made: (a) the #use# is so located as not to impair the character of the surrounding area or its future development or cause any environmental hazards; (b) the principal vehicular access for such #use# is not located on Emmons Avenue, Sheepshead Bay Road, Ocean Avenue or