§ 105-944 Special Fort Totten Natural Area District-4
ZR § 105-944
(a)General purposes The "Special Fort Totten Natural Area District"-4 (hereinafter referred to as the Special 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 general purposes:
(1)to preserve, protect and enhance the combination of historically significant buildings and other structures, public open spaces, outstanding scenic views and pedestrian and vehicular circulation system which by their siting create a unique balance between buildings and open spaces and which, together with the harmonious scale of development and landscaping, add to the quality of life in the area;
(2)to protect aquatic, biologic, geologic, topographic and other natural features having ecological and conservation values and functions;
(3)to improve the quality of new development in the area by fostering the provision of specified public amenities and recreational facilities in appropriate locations and by making these facilities directly accessible to the public; and
(4)to promote the desirable use of land improvements in accordance with the District Plan and in conformance with the character of the Fort Totten area and thus conserve the value of land and buildings and thereby protect the City's tax revenue.
(b)Definitions
(c)General requirements
(d)Special regulations
(i)the alteration of such building or other structure, provided that such alteration treatment of the facade relates harmoniously to the character and materials of the original facade and to the adjoining buildings or other structures; or
(ii)the demolition of such buildings or other structures, other than those deemed unsafe as defined by the Department of Buildings, provided that the Commission finds that the existing building or other structures are not suitable for rehabilitation.
Where a building or other structure has been demolished pursuant to this Section, the Commission may, by special permit, allow the replacement of the demolished structure provided that the design of the new structure in terms of scale, lot coverage, building height and exterior treatment of the facade shall replicate as nearly as possible the design and site plan of the original building.
"This area is open to the public between sunrise and sunset."
(5)District plan The District Map for the Special Fort Totten Natural Area District-4 identifies specific areas comprising the District Plan in which special zoning regulations carry out the general purposes of the Special Fort Totten Natural Area District-4. The District Plan is set forth in Appendix A and is made an integral part hereof. These areas and the specific paragraphs of this Section which contain regulations pertaining thereto are as follows:
Area A - Historic Fort Area, paragraph (d)(6)
Area B - Planned Community Area, paragraph (d)(7)
Area C – Water Related Area, paragraph (d)(8)
Area D - Bay Area, paragraph (d)(9)
Area E - Development Area, paragraph (d)(10)
(6)Historic Fort Area (Area A) Within Area A (Fort Area) there shall be no development nor enlargement of existing buildings or other structures except that the Commission may authorize necessary renovation to protect existing structures. In all cases the Commission shall refer all applications to the Landmarks Preservation Commission and Department of Parks and Recreation or other City agencies with primary responsibilities in the conservation area, for its report thereon.
(7)Planned Community Area (Area B) In order to protect the unique scale, character and design relationships between the existing buildings and public open spaces and parade grounds, no development, enlargement nor alteration of landscaping or topography shall be permitted, except as set forth herein and as provided by paragraph (d)(1) of this Section.
(e)modifications of the minimum spacing requirements consistent with the intent of the provisions of Section 23-371 (Standard minimum distance between buildings);
(f)permitted or required accessory off-street parking spaces to be located anywhere within the development without regard to zoning lot lines, or the provisions of Sections 25-621 (Location of parking spaces in certain districts) and 25-631 (Location and width of curb cuts in certain districts), subject to findings of Section 78-41 (Location of Accessory Parking Spaces), or where such requirement substantially injures the functioning of the existing area, authorize waiver of all or part of the required parking.
The Commission may prescribe appropriate conditions and safeguards, including covenants running with the land which shall permit public or private enforcement reflecting terms, conditions, and limitations of any special permit hereunder to minimize adverse effects on the character and quality of the community.
(iii)Parade ground Unless ownership is retained in a governmental agency, the parade ground designated open space shall be commonly owned with a zoning lot within Area B or Area E and the maintenance of the parade ground shall be the collective responsibility of said owner or owners. The parade ground shall be used for open recreational uses and may contain minor accessory structures to said use. The parade ground shall be directly accessible from the adjoining streets along its entire perimeter. There shall be no fences nor walls around or within the parade ground.
(8)Water Related Area (Area C) In order to protect the unique aquatic and botanic characteristics of the area, there shall be no development in Area C except as provided by paragraph (d)(1) of this Section.
(9)Bay area (Area D) In order to promote waterfront related activities, the permitted uses in a C3 District shall be modified as follows in Area D:
(10)Development area (Area E) Any zoning lot developed predominantly for residential uses may be considered a large-scale residential development, and authorizations or special permits for such zoning lot may be granted in accordance with the provisions of Article VII, Chapter 8, except that the accessory uses of Section 78-22 (Accessory Uses in Large-Scale Residential Developments) shall not apply. Any zoning lot developed predominantly for community facility uses may be treated as a large-scale community facility development, and authorizations or special permits for such zoning lot may be granted in accordance with the provisions of Article VII, Chapter 9. In Area E, the Commission may authorize clustering of single-family and two-family residences and a modification of housing types in order to maximize the preservation of existing natural features in the area, and to provide adequate view protection, and to relate these new structures with the existing structures in the general vicinity. Clustering shall be limited to a maximum street wall of 100 feet. Any and all bonuses permitted in Sections 78-32 through 78-353, inclusive, shall not apply to development in Area E.
