117-42 Special Bulk and Use Regulations in the Court Square Subdistrict
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.