The "Special Long Island City Mixed Use District" established in this Resolution is designed to promote and protect the public health, safety and general welfare of the Long Island City community. These general goals include, among others, the following specific purposes:
(a) to support the continuing growth of a mixed residential, commercial and industrial neighborhoods by permitting expansion and development of residential, commercial, community facility and light manufacturing uses where adequate environmental standards are assured;
(b) to encourage the development of moderate to high density commercial uses within a compact transit-oriented area;
(c) to strengthen traditional retail streets in Hunters Point by allowing the development of new residential and retail uses;
(d) to encourage the development of affordable housing;
(e) to promote the opportunity for people to work in the vicinity of their residences;
(f) to retain jobs within New York City;
(g) to provide an opportunity for the improvement of Long Island City; and
(h) to promote the most desirable use of land and thus conserve the value of land and buildings and thereby protect City tax revenues.
Definitions specifically applicable to this Chapter are set forth in this Section. Other defined terms are set forth in Section 12-10 (DEFINITIONS).
Mixed use building or development
For the purposes of this Chapter, a "mixed use building" or a "mixed use development" shall be any building or development used partly for residential use and partly for community facility, commercial or manufacturing use.
In harmony with the general purposes and content of this Resolution and the general purposes of the Special Long Island City Mixed Use District, the regulations of this Chapter shall apply within the Special Long Island City Mixed Use District. The regulations of all other Chapters of this Resolution are applicable, except as modified, supplemented or superseded by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control. However, in flood zones, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Hazard Areas), the provisions of Article VI, Chapter 4, shall control.
(a) Notwithstanding the provisions of Section 54-40 (DAMAGE OR DESTRUCTION IN NON-COMPLYING BUILDINGS), when a building that existed on October 25, 1995, within the Hunters Point or Court Square Subdistricts, is damaged or demolished by any means, it may be reconstructed to its bulk prior to such damage or destruction or to the bulk permitted by this Chapter, whichever is greater.
(b) For mixed use buildings, dwelling units shall be located on a story or stories above the highest story occupied, in whole or in part, by a commercial or manufacturing use. Commercial or manufacturing uses may, however, be located on the same story, or on a story higher than that occupied by dwelling units, provided that the commercial or manufacturing uses:
(1) are located in a portion of the mixed use building that has separate direct access to the street with no access to the residential portion of the building at any story; and
(2) are not located directly over any portion of the building containing dwelling units.
(c) Regulations relating to accessory parking facilities, public parking lots and public parking garages within the Hunters Point Subdistrict, the Court Square Subdistrict and the Queens Plaza Subdistrict are set forth in Article I, Chapter 6 (Comprehensive Off-street Parking Regulations in the Long Island City Area), and such provisions are further modified by Section 117-54 (Off-street Parking and Loading Regulations).
(d) In the granting of special permits or authorizations within the Special Long Island City Mixed Use District, the City Planning Commission may prescribe additional appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding uses.
(e) Where references are made to block numbers within this Chapter, such numbers are to be found on the maps appended to this Chapter.
(f) In areas within the Special Long Island City Mixed Use District that are not within a Subdistrict, the regulations of the underlying zoning district shall apply.
The regulations of this Chapter implement the Special Long Island City Mixed Use District Plan.
The District Plan includes the following maps in Appendices A, B and C:
Appendix A Special Long Island City Mixed Use District and Subdistricts Plan Map, including Permitted Sidewalk Cafe Locations
Appendix B Court Square Subdistrict Plan Map and Description of Improvements
Appendix C Queens Plaza Subdistrict Plan Maps:
Map 1 - Designated Districts within the Queens Plaza Subdistrict
Map 2 - Ground Floor Use and Frontage
Map 3 - Sidewalk Widening and Street Wall Location.
The maps are hereby incorporated and made part of this Resolution for the purpose of specifying locations where the special regulations and requirements set forth in the text of this Chapter apply.
In order to carry out the purposes and provisions of this Chapter, four subdistricts are established within the Special Long Island City Mixed Use District. In each of these subdistricts, special regulations apply that do not apply elsewhere within the Special Long Island City Mixed Use District and supplement or supersede the provisions of Sections 117-00 through 117-03, inclusive.
Unenclosed sidewalk cafes, including small sidewalk cafes, shall be permitted in the Special Long Island City Mixed Use District only on the streets indicated on the map in Appendix A (Special Long Island City Mixed Use District and Subdistricts Plan Map, including Permitted Sidewalk Cafe Locations) of this Chapter, except that such unenclosed sidewalk cafes may also extend up to 100 feet along the non-designated street frontage of a corner lot, subject to all other applicable regulations of Article I, Chapter 4.
In special areas of the Hunters Point Subdistrict of the Special Long Island City Mixed Use District, an M1 District is paired with a Residence District. For the purposes of this Chapter, such Residence and M1 Districts are referred to as the "designated districts". The designated districts within the Hunters Point Subdistrict are indicated on the zoning map and are as follows:
M1-4/R6A M1-4/R6B M1-4/R7A M1-5/R7X M1-5/R8A
The special use, bulk and parking provisions of Article XII, Chapter 3, of the Special Mixed Use District shall apply to the designated districts within the Hunters Point Subdistrict, except where modified by the provisions of this Section, and shall supplement or supersede the provisions of the designated Residence or M1 District, as applicable.
M1-4/R6A M1-4/R6B M1-4/R7A M1-5/R7X M1-5/R8A
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) pertaining to Use Group 6A shall be modified as follows:
Food stores, including supermarkets, grocery stores or delicatessen stores, shall not be limited as to floor area per establishment.
R6B M1-4/R6A M1-4/R7A M1-5/R8A M1-4/R6B M1-5/R7X
In the districts indicated, the street wall of any building containing residences shall be located no closer to, nor further from, the street line than the street wall of an adjacent existing building. However, the street wall of a building need not be located further from a street line than 15 feet. On corner lots, the street wall along one street line need not be located further from the street line than five feet. Recesses, not to exceed three feet in depth from the street line, or eight feet in depth where ramps for the physically disabled are required, shall be permitted on the ground floor where required to provide access to the building.
Existing buildings may be vertically enlarged by up to one story or 15 feet without regard to the street wall location provisions of this Section.
For buildings containing residences, uses on the ground floor shall be limited to non-residential uses and lobby space. Not more than 8,000 square feet of the ground floor shall be devoted to uses listed in Use Group 6B.
All street walls shall be built coincident with the street line.
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.