117-60 Dutch Kills Subdistrict
In the Special Long Island City Mixed Use District, the special regulations of Sections 117-60 through 117-64, inclusive, shall apply within the Dutch Kills Subdistrict.
In specified areas of the Dutch Kills Subdistrict of the Special Long Island City Mixed Use District, an M1 District is paired with a Residence District. For the purposes of Section 117-60, inclusive, regulating the Dutch Kills Subdistrict, such Residence and M1 Districts are referred to as the "designated districts." The designated districts within the Dutch Kills Subdistrict are indicated on the zoning map and are as follows:
The special provisions of Article XII, Chapter 3, of the Special Mixed Use District shall apply to the designated districts within the Dutch Kills Subdistrict except where modified by the provisions of the Subdistrict, and shall supplement or supersede the provisions of the underlying designated Residence or M1 District, as applicable.
In the Dutch Kills Subdistrict, the provisions of Section 42-12 (Use Groups 3A, 6A, 6B, 6D, 6F, 7B, 7C, 7D, 7E, 8, 9B, 9C, 10A, 10B, 10C, 11, 12A, 12C, 12D, 12E, 13, 14 and 16) shall be modified to permit food stores, including supermarkets, grocery stores or delicatessen stores, without limitation as to floor area per establishment.
(a) In the Dutch Kills Subdistrict, the floor area of a building shall not include floor space used for accessory off-street parking spaces provided in any story located not more than 33 feet above curb level, in any building, except where such floor space used for accessory parking is contained within a public parking garage.
(b) Maximum floor area ratio and lot coverage for residential uses
(1) M1-2/R5B designated district
The maximum floor area ratio for residential use shall be 1.65.
The maximum lot coverage for the residential portion of a building shall be 60 percent on an interior lot or through lot and 80 percent on a corner lot.
(2) M1-3/R7X designated district
(i) Inclusionary Housing Program
Where the designated district is M1-3/R7X within the Dutch Kills Subdistrict, such district shall be an Inclusionary Housing designated area, pursuant to Section 12-10 (DEFINITIONS), for the purpose of making the Inclusionary Housing Program regulations of Section 23-90, inclusive, applicable as modified within the Special District.
(ii) Maximum floor area ratio
Within such Inclusionary Housing designated area, the maximum floor area ratio for any zoning lot containing a residential use shall not exceed the base floor area ratio of 3.75, except that such base floor area ratio may be increased to the maximum floor area ratio of 5.0, as set forth in Section 23-154 (Inclusionary Housing), through the provision of affordable housing, pursuant to the provisions relating to Inclusionary Housing designated areas in Section 23-90.
(c) Maximum floor area ratio for certain commercial and manufacturing uses
In M1-2 designated districts, the maximum floor area ratio shall be increased to 3.0 when paired with an R5B or R5D District and 4.0 when paired with an R6A District, provided that such additional floor area is limited to the following uses: photographic or motion picture production studios and radio or television studios listed in Use Group 10A; and uses listed in Use Groups 16A, 16D, 17A and 17B as set forth in Section 123-22 (Modification of Use Groups 16, 17 and 18), except for automobile, motorcycle, trailer or boat sales, motorcycle or motor scooter rental establishments, poultry or rabbit killing establishments, riding academies, stables for horses and trade schools for adults.
In the Dutch Kills Subdistrict, the street wall of any residential or mixed use building shall be located no closer to, nor further from, the street line than the street wall of an adjacent existing building. For all zoning lots, the street wall of a building need not be located further from the street line than 15 feet.
In M1-2/R5B designated districts, for residential buildings, the maximum height of a street wall above the base plane shall be 33 feet or three stories, whichever is less.
The provisions regarding the maximum height of mixed use buildings within 25 feet of a street line, as set forth in Section 123-661 (Mixed use buildings in Special Mixed Use
Districts with R3, R4 or R5 District designations), shall be modified in the Dutch Kills Subdistrict, where the designated Residence District is an R5 District, as follows:
(a) in designated R5B Districts, no building or other structure shall exceed a height of 33 feet within 25 feet of a street line;
(b) in designated R5D Districts, no building or other structure shall exceed a height of 45 feet within 25 feet of a street line.
The provisions of Section 123-70 (PARKING AND LOADING) and the underlying accessory off-street parking and loading regulations for the designated district are modified, as follows:
(a) Commercial and community facility uses
(1) The accessory off-street parking and loading requirements of a C8-2 District, as set forth in Article III, Chapter 6, shall apply to all commercial and community facility uses, except that this modification shall not apply to uses listed in Use Group 5. The accessory off-street parking and loading requirements applicable to the designated M1 District, set forth in Article IV, Chapter 4, and Section 123-70, shall apply to Use Group 5.
(2) For Use Group 5 uses, the provisions of Section 44-23 (Waiver of Requirements for Spaces Below Minimum Number) shall be modified as follows: the maximum number of accessory off-street parking spaces for which requirements are waived shall be five spaces.
(b) Residential uses
(1) The provisions of Section 25-241 (Reduced requirements) shall not apply in the designated M1-3/R7X District.
(2) In the applicable designated Residence Districts, the provisions of Section 25-26 (Waiver of Requirements for Small Number of Spaces) are modified, as follows:
(i) in the designated M1-2/R6A and M1-3/R7X Districts, the provisions of Section 25-26 shall only apply to zoning lots existing both on October 7, 2008, and on the date of application for a building permit.
(ii) for all developments or enlargements in the designated M1-3/R7X District, the maximum number of accessory off-street parking spaces for which requirements are waived shall be five spaces.
(3) Where the designated district is a M1-2/R5B District, the provisions of paragraph (c) of Section 25-631 (Location and width of curb cuts in certain districts) shall not apply.