117-40 Court Square Subdistrict
The regulations governing the Court Square Subdistrict of the Special Long Island City Mixed Use District are contained within Sections 117-40 through 117-45, inclusive. These regulations supplement the provisions of Sections 117-01 through 117-03, inclusive, of the Special Long Island City Mixed Use District and supersede the underlying districts.
Mandatory subway improvements are elements of the Subdistrict Plan, which shall be built by the developer of the zoning lot to which they apply.
The Subdistrict Plan for the Court Square Subdistrict specifies the location of Blocks 1, 2 and 3 and identifies the improvements to be provided in the District under the provisions of this Chapter. The elements of the Subdistrict Plan are set forth in Appendix B of this Chapter, which consists of the Subdistrict Plan Map and Description of Improvements, and is incorporated into the provisions of this Chapter.
Zoning lots of at least 10,000 square feet with buildings containing at least 70,000 square feet of floor area are subject to the provisions of the underlying C5-3 District, as modified by Sections 117-40 through 117-45, inclusive.
All other zoning lots are subject to the use provisions of the underlying C5-3 District and the bulk provisions of an M1-4/R6B designated district, pursuant to the regulations of Article XII, Chapter 3 (Special Mixed Use District), as modified by Sections 117-00 through 117-22, inclusive.
(a) Developments or enlargements on zoning lots that meet the standards of Section 117-44 and provide mandatory subway improvements as required by Section 117-44, may be developed or enlarged to a floor area ratio of 15.0. Developments or enlargements on zoning lots that do not meet the minimum standards of Section 117-44 shall not exceed the maximum floor area ratio of the M1-4/R6B designated district for the applicable use.
(b) The following provisions shall not apply within the Court Square Subdistrict:
Section 33-13 (Floor Area Bonus for a Public Plaza)
Section 33-14 (Floor Area Bonus for Arcades)
Section 33-26 (Minimum Required Rear Yards)
Section 34-223 (Floor area bonus for a public plaza)
Section 34-224 (Floor area bonus for an arcade)
Section 34-23 (Modification of Yard Regulations).
(c) The height and setback regulations of the underlying C5-3 District shall apply, except that:
(1) no building or other structure shall exceed a height of 85 feet above the base plane within the area bounded by 23rd Street, 44th Road, a line 60 feet east of and parallel to 23rd Street, and 45th Avenue; and
(2) on Blocks 1 and 3, the street wall of a building or other structure shall be located on the street line or sidewalk widening line, where applicable, and extend along the entire street frontage of the zoning lot up to at least a height of 60 feet and a maximum height of 85 feet before setback, except any portion of a building on Block 3 fronting upon 23rd Street may rise to a maximum height of 125 feet before setback. Recesses, not to exceed three feet in depth from the street line, shall be permitted on the ground floor where required to provide access to the building. Above the level of the second story, up to 30 percent of the aggregate width of street walls may be located beyond the street line, provided no such recesses are within 15 feet of an adjacent building.
Above the highest applicable maximum street wall height, the underlying height and setback regulations shall apply. However, the underlying tower regulations shall be modified:
(i) to permit portions of buildings that exceed a height of 85 feet to be set back at least five feet from a wide street line, provided no portion of such building that exceeds a height of 85 feet is located within 15 feet of a side lot line; and
(ii) so that the provisions of Section 33-451 (In certain specified Commercial Districts) regulating the aggregate area of a tower within 50 feet of a narrow street shall not apply to any building or portion of such building on Block 3 fronting upon 45th Avenue.
The provisions of this paragraph (c)(2) shall not apply to enlargements on zoning lots existing on June 30, 2009, where such zoning lot includes an existing building to remain with at least 300,000 square feet of floor area.
All requirements of Section 32-60 (SIGN REGULATIONS) shall apply, except for Sections 32-642 (Nonilluminated signs), 32-644 (Illuminated or flashing signs in C4, C5-4, C6 or C7 Districts) and 32-655 (Height of signs in all other Commercial Districts).
Non-illuminated, illuminated or flashing signs are permitted with a total surface area (in square feet) not exceeding five times the street frontage of the zoning lot, in feet, but in no event shall the total surface area exceed 500 square feet for interior or through lots or 500 square feet on each frontage for corner lots.
No permitted sign shall extend above curb level at a height greater than 60 feet.
A non-conforming sign may be replaced pursuant to Section 52-82 (Non-conforming Signs Other Than Advertising Signs), except that the height, location or position of the replacement sign may be changed by up to 10 feet, measured from the perimeter of the original non-conforming sign.
For any development or enlargement on Block 3 with a building wall facing 45th Road, a sidewalk widening of five feet shall be provided on 45th Road between 23rd Street and Jackson Avenue. Such sidewalk widening shall be a continuous, paved open area along the front lot line of the zoning lot at the same elevation as the adjoining sidewalk and directly accessible to the public at all times. Such sidewalk widening shall be unobstructed from its lowest level to the sky except for temporary elements of weather protection, such as awnings or canopies, provided that the total area (measured on the plan) of such elements does not exceed 20 percent of the sidewalk widening area, and that such elements and any attachments thereto are at least eight feet above curb level, and that any post or other support for such element, or any attachment to the support, has a maximum horizontal dimension of six inches. No street trees, vehicle storage, parking or trash storage is permitted on such sidewalk widening.
For the purposes of mandatory subway improvements, any tract of land consisting of two or more contiguous lots of record under single ownership or control as of March 1, 1986, shall be considered a single zoning lot.
Subway improvements are required for qualifying developments or enlargements, as follows:
(a) Zoning lots with at least 5,000 square feet of lot area
Developments or enlargements on zoning lots with 5,000 square feet or more of lot area located on Block 1 and fronting on a sidewalk containing a sidewalk entrance to the Queens Boulevard Line, Court Sq-23 St Station, shall relocate the stairway or entrance(s) to such subway onto the zoning lot, in accordance with the provisions of Section 37-40 (OFF-STREET RELOCATION OR RENOVATION OF A SUBWAY STAIR), with the exception that, in addition to the waivers provided by Section 37-44, the additional standards for location, design and hours of public accessibility contained in Section 37-41 may be waived upon a finding by the Metropolitan Transportation Authority that such standards are undesirable or unnecessary to ensure a good overall design.
(b) Zoning lots with at least 10,000 square feet of lot area
For the purposes of this paragraph (b), the floor area of the development or enlargement shall be the total amount of floor area constructed after August 14, 1986.
Developments or enlargements on Blocks 1, 2 or 3, identified in Appendix B (Court Square Subdistrict Plan Map and Description of Improvements) of this Chapter, containing at least 70,000 square feet of floor area on zoning lots of at least 10,000 square feet of lot area shall provide mandatory subway improvements as described, in Appendix B, in paragraph (a) for Block 1, paragraph (b) for Block 2 and paragraph (c)(1) for Block 3.
In addition, on Block 3, any development or enlargement containing at least 300,000 square feet of floor area or any development or enlargement on a zoning lot of at least 30,000 square feet of lot area shall provide all the mandatory subway improvements for the Block, as described in paragraphs (c)(1) and (c)(2) for Block 3.
(a) Compliance with Transit Authority design standards
The subway station improvements shall comply with all applicable design standards of the current station planning guidelines of the Transit Authority.
The applicant shall submit schematic or concept plans for the proposed improvements to the Metropolitan Transportation Authority, the Transit Authority and the Chairperson of the City Planning Commission.
(2) Application pre-certification
After review and agreement on the concept by the Metropolitan Transportation Authority, Transit Authority and Chairperson of the City Planning Commission, the applicant shall submit documentation deemed necessary by the reviewing agencies.
(3) Prior to the granting of certification by the Chairperson of the City Planning Commission pursuant to Section 117-45 (Developer's Notice), the Transit Authority shall have submitted a letter to the Chairperson stating the drawings and other documents submitted by the applicant have been determined by the Transit Authority to be of sufficient scope and detail to fix and describe the size and character of the subway improvement as to architectural, structural, mechanical and electrical systems; materials; relationship to existing site conditions; and other such elements as may be appropriate.
(4) The owner shall sign a legally enforceable instrument running with the land containing complete drawings of the improvement and setting forth the obligations of owner and developer, their successors and assigns, to construct and maintain all parts of the improvement, whether on-site or off, and to establish a construction schedule.
Any such instrument shall be recorded against the zoning lot in the Office of the Register of the City of New York for Queens County and a certified copy of the instrument shall be submitted to the Chairperson of the City Planning Commission and the Transit Authority.
The owner shall not apply for or accept a temporary certificate of occupancy for the development or enlargement, and the Department of Buildings shall not issue a temporary certificate of occupancy, until the Transit Authority has determined that the subway improvement is substantially complete, which shall, for this purpose, mean usable by the public.
The owner shall not apply for or accept a permanent certificate of occupancy for the development or enlargement, nor shall the Department of Buildings issue a permanent certificate of occupancy until the subway improvement has been completed in accordance with the approved plans and completion has been certified by the Transit Authority.
(5) Where the mandatory subway improvement includes the preparation of drawings for off-site subway improvements, such drawings including, but not limited to, plans, sections, elevations, three-dimensional projections and other drawings deemed necessary or relevant by the Transit Authority or the Chairperson of the City Planning Commission, shall be in conformance with the current guidelines for submission of outside projects of the Transit Authority. Prior to approval by the Chairperson, the Transit Authority shall provide a letter to the Chairperson containing conceptual approval of the improvements as indicated in the drawings.
As a condition to the issuance by the Department of Buildings of an excavation or building permit for a development or enlargement on a zoning lot requiring a mandatory subway improvement:
(a) the developer shall have submitted to the Chairperson of the City Planning Commission:
(1) written notice of its intention to develop or enlarge on a zoning lot in the Court Square Subdistrict, the floor area of such development or enlargement, and the mandatory subway improvements which the developer shall construct;
(2) drawings, including, but not limited to, plans, sections, elevations, three-dimensional projections or other drawings deemed necessary or relevant by the Chairperson, for the mandatory subway improvements within the designated zoning lot; and
(3) waivers, consents, agreements or other legal instruments obligating the developer, its heirs and devisees, successors and assigns, to develop its property in accordance with the Subdistrict Plan and the provisions of this Chapter; and
(b) within 90 days of such submission by the developer, the Chairperson of the City Planning Commission shall certify to the Department of Buildings and the developer receipt of the aforesaid documents and the developer's compliance, or non-compliance, with the requirements of the Subdistrict Plan.