Heads up: There are no suggested sections in this chapter.
Heads up: There are no amended sections in this chapter.

The "Special Tribeca Mixed Use District" established in this Resolution is designed to promote and protect public health, safety and general welfare. These general goals include, among others, the following specific purposes:

(a)        to retain adequate wage, job-producing, stable industries within the Tribeca neighborhood;

(b)        to protect light manufacturing and to encourage stability and growth in the Tribeca neighborhood by permitting light manufacturing and controlled residential uses to coexist where such uses are deemed compatible;

(c)        to provide housing opportunity of a type and at a density appropriate to this mixed use zone;

(d)        to ensure the provision of safe and sanitary housing units in converted buildings; and

(e)        to promote the most desirable use of land and building development in accordance with the Plan for Lower Manhattan as adopted by the City Planning Commission.

For purposes of this Chapter, matter in italics is defined in Section 12-10 (DEFINITIONS) and in this Section.

Special Tribeca Mixed Use District

(repeated from Section 12-10)

The "Special Tribeca Mixed Use District" is a Special Purpose District designated by the letters "TMU" in which special regulations set forth in Article XI, Chapter 1, apply. The Special Tribeca Mixed Use District and its regulations supplement or supersede those of the districts on which it is superimposed.

The provisions of this Chapter shall apply to all developments, enlargements, extensions, alterations, accessory uses, open and enclosed and changes in uses within the Special District.

Except as modified by the express provisions of the District, the regulations of the underlying districts remain in effect. 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.

The District Map for the Special Tribeca Mixed Use District, in Appendix A, identifies special areas comprising the Special District in which special zoning regulations carry out the general purposes of the Special Tribeca Mixed Use District. These areas are as follows:

Area A1 - General Mixed Use Area

Area A2 - Limited Mixed Use Area

Area A3 - General Mixed Use Area

Area A4 - General Mixed Use Area

Area A5 - General Mixed Use Area

Area A6 - General Mixed Use Area

Area A7 - General Mixed Use Area

(a)        Loft dwellings

Loft dwellings created prior to October 13, 2010, shall be governed by the provisions for loft dwellings in Section 111-40 (REQUIREMENTS FOR LOFT DWELLINGS CONSTRUCTED PRIOR TO OCTOBER 13, 2010). Such loft dwellings may be extended, enlarged, or subdivided into two or more loft dwellings only in accordance with such provisions. No loft dwellings may be created after October 13, 2010, except as the result of a subdivision of a loft dwelling existing prior to October 13, 2010.

(b)        Home occupations

A home occupation may occupy a loft dwelling, or a dwelling unit converted pursuant to Article I, Chapter 5 (Residential Conversion of Existing Non-Residential Buildings), as an accessory use pursuant to Section 15-13 (Special Home Occupation Provision), except that:

(1)        businesses operated as home occupations may have up to three non-residential employees; and

(2)        notwithstanding the limitation on uses listed in the definition of home occupation in Section 12-10, a home occupation may include a permitted commercial or permitted manufacturing use.

In all areas except Area A2, ground floor spaces in separate buildings may not be combined for uses in Use Groups 3, 4, 5 and 6, except in those buildings having frontage on Broadway, Chambers Street, Church Street, Greenwich Street, Hudson Street, Sixth Avenue, Varick Street, West Broadway or West Street.

(a)        Areas A1 and A3

(1)        Uses in Use Groups 16 and 17 shall be permitted, except the following uses are prohibited:

within Use Group 16A: crematoriums, poultry or rabbit killing establishments, unenclosed automobile, boat, motorcycle or trailer sales, motorcycle rentals;

all Use Group 16B uses, except automotive service stations by special permit pursuant to Section 73-21;

all Use Group 16C uses;

within Use Group 16D: dry cleaning or cleaning or dyeing establishments, with no limitation on type of operation, solvents, floor area or capacity per establishment;

within Use Group 17B: manufacture of aircraft, automobiles, trucks, trailers, boats, motorcycles or chemicals; and

all Use Group 17C uses, except agriculture.

(2)        The following uses are prohibited in buildings that do not front on Chambers Street, Church Street, Greenwich Street, Hudson Street or West Broadway:

all Use Group 8A uses;

all Use Group 8D uses;

all Use Group 10A uses, except depositories, photographic or motion picture studios, radio or television studios; and

all Use Group 12A uses.

(3)        In buildings fronting on Chambers Street, Church Street, Greenwich Street, Hudson Street or West Broadway, the following uses shall be limited to 20,000 square feet of floor area on a zoning lot, including retail cellar space allotted to such uses, except as otherwise provided in Section 111-32 (Special Permit for Certain Large Commercial Establishments):

all uses in Use Groups 6A and 6C;

all uses in Use Group 10 with parking categories B or B1; and

the above uses when listed in other use groups.

Separate buildings on separate zoning lots may not be combined for uses in Use Groups 6A, 6C or all uses with parking categories B or B1 in Use Group 10.

In addition, in buildings not fronting on the streets, listed in paragraph (a)(3) of this Section, uses listed in Use Groups 6A and 6C shall be limited to 10,000 square feet of floor area on a zoning lot, including retail cellar space allocated to such uses, except as otherwise provided in Section 111-32.

(b)        Areas A4, A5, A6 and A7

(1)        All uses listed in Use Groups 16B, 16C or 16D shall be permitted;

(2)        The following uses listed in Use Group 16 shall be permitted:

Carpentry, custom woodworking or custom furniture making shops

Electrical, glazing, heating, painting, paper hanging, plumbing, roofing or ventilating contractors' establishments, open or enclosed, with open storage limited to 5,000 sq. ft.

Household or office equipment or machinery repair shops

Machinery rental or sales establishments.

(3)        All uses in Use Group 17 shall be permitted, except that the following uses shall be prohibited:

Building materials or contractors' yards, open or enclosed

Produce or meat markets, wholesale

Adhesives, including manufacture of basic components

Food products, including slaughtering of meat or preparation of fish for packing

Laboratories, research, experimental or testing

Leather products, including shoes, machine belting, or similar products

Metal stamping or extrusion, including costume jewelry, pins and needles, razor blades, bottle caps, buttons, kitchen utensils, or similar products

Pharmaceutical products

Plastic products, including tableware, phonograph records, buttons, or similar products

Rubber products, such as washers, gloves, footwear, bathing caps, atomizers, or similar products, including manufacture of natural or synthetic rubber

Shoddy

Soap or detergents.

(4)        For establishments with frontage on wide streets, uses listed in Use Groups 6A, 6C and 10 shall be limited to 10,000 square feet of floor area. For establishments that front only upon a narrow street, such uses shall be limited to 5,000 square feet of floor area. For the purposes of this Section, floor area shall include retail cellar space allocated to such uses.

The floor area requirements of this paragraph, (b)(4), may be modified only pursuant to Section 111-32.

(c)        Eating or drinking establishments with entertainment and a capacity of more than 200 persons, or establishments of any capacity with dancing, as listed in Use Group 12A, in any location within a building, shall be permitted only by special permit of the Board of Standards and Appeals as provided in Section 73-244. The Board of Standards and Appeals shall additionally find for establishments of any capacity with dancing, as listed in Use Group 12A, that primary ingress and egress for such uses may only be located on Broadway, Chambers Street, Church Street, Greenwich Street, Hudson Street, Sixth Avenue, Varick Street, West Broadway or West Street, with only fire or emergency egress on other streets, and that no portion of such use may be located more than 100 feet, measured perpendicularly, from the streets listed in this paragraph (c). Furthermore, such uses are restricted as provided in paragraph (a)(2) of this Section.

(d)        Areas A4, A5, A6 and A7

Transient hotels shall be allowed, except that developments, enlargements, extensions or changes of use that result in a transient hotel with greater than 100 sleeping units shall only be allowed pursuant to Section 111-31 (Special Permit for Large Transient Hotels).

However, any transient hotel that received a special permit pursuant to Section 74-711, granted prior to October 13, 2010, may continue under the terms of such approval.

(e)        Environmental conditions for Area A2

(1)        All developments or enlargements shall be subject to Ambient Noise Quality Zone Regulations*. Uses listed in Use Group 11A shall be subject to the performance standards of an M1 District.

(2)        All new dwelling units shall be provided with a minimum 35dB(A) of window wall attenuation in order to maintain an interior noise level of 45dB(A), or less, with windows closed. Therefore, an alternate means of ventilation is required. However, upon application to the Office of Environmental Remediation (OER) by the owner of the affected building, consistent with OER's authority under the provisions of Section 11-15 (Environmental Requirements) with respect to (E) designations, OER may modify the requirements of this Section, based upon new information, additional facts or updated standards, as applicable, provided that such modification is equally protective. In such instances, OER shall provide the Department of Buildings with notice of such modification, stating that it does not object to the issuance of a building permit, or temporary or final certificate of occupancy.

*        Ambient Noise Quality Regulations for an M2 District as set forth in the Noise Control Code for the City of New York, Article VI(B)

(a)        Area A1

The regulations applicable to a C6-2A District shall apply to developments and enlargements, except as set forth herein.

(1)        Maximum floor area ratio

The maximum floor area ratio permitted on a zoning lot shall be 5.0.

(2)        Special regulations for narrow buildings

A building or portion of a building may be constructed above the maximum height of a street wall permitted pursuant to Section 23-692 (Height limitations for narrow buildings or enlargements), provided the portion of a building exceeding such height limitation does not exceed a height of one story or 15 feet, whichever is less, and provided such portion is set back at least 10 feet from the street wall of the building facing a wide street, and 15 feet from the street wall of the building facing a narrow street.

(b)        Area A2

The underlying regulations applicable to a C6-3 District shall apply to developments and enlargements, except as set forth herein.

(1)        Maximum floor area ratio

No floor area bonuses shall be permitted in Area A2.

The maximum floor area ratio permitted shall be 7.52. In no case shall the floor area ratio of the commercial or community facility portion of the building be more than 6.0.

(2)        Open space and lot coverage regulations

The open space and lot coverage regulations of Article II, Chapters 3 and 4, and Article III, Chapter 5, for a residential building, or the residential portion of a mixed building, are not applicable. In lieu thereof, the maximum permitted lot coverage on interior lots and through lots shall not exceed 80 percent of the lot area. The maximum permitted lot coverage on corner lots shall be 100 percent of the lot area. However, any permitted obstruction on a zoning lot pursuant to Sections 23-44, 24-12 or 33-23 shall not count as lot coverage.

(3)        Yard, court and minimum distance between buildings regulations

The yard and court regulations of a C6-3 District shall apply, except that on a through lot the provisions of paragraphs (b) and (c) of Sections 23-532 and 24-382 (Required rear yard equivalents) and 23-71 (Minimum Distance Between Buildings on a Single Zoning Lot) shall not apply. On any single zoning lot within Area A2, if a development or enlargement results in two or more buildings or portions of buildings detached from one another at any level, such buildings or portions of buildings shall at no point be less than eight feet apart.

(4)        Height factor, front height and setback regulations

The height factor, front height and setback, alternate front setback and tower regulations of a C6-3 District shall not apply. In lieu thereof, for the first two stories of any development or enlargement, the street wall shall be located on the street line and shall extend the entire width of the zoning lot, not occupied by existing buildings to remain, except that at the intersection of two street lines the street wall may be located within five feet of the street line. Above the ceiling of the second story for any development or enlargement, there shall be mandatory street walls extending the entire width of the zoning lot not occupied by existing buildings to remain, as set forth in this paragraph (b)(4). Along wide streets and along narrow streets, within 75 feet of the intersection with wide streets, the street wall shall rise for a minimum of 60 feet above curb level but shall not exceed a height of 100 feet above curb level. Along a narrow street, beyond a distance of 75 feet from the intersection of a wide street and a narrow street, the street wall shall rise for a minimum of 60 feet above curb level but shall not exceed a height of 85 feet above curb level. Notwithstanding the above requirements, for the 25 feet of a zoning lot furthest from the intersection of a wide street and a narrow street, the height of the street wall shall be 60 feet or the height of the adjacent building fronting on the same street line, whichever is greater. Above the ceiling of the second story, 75 percent of the aggregate area of the mandatory street walls at each story shall be within five feet of the street line; the mandatory street wall shall abut the street line at least once every 25 feet; and at the intersection of two street lines the mandatory street wall shall be located within five feet of the street line, measured perpendicular to the street line. For residential and community facility developments or enlargements, recesses shall comply with the applicable outer court provisions of Sections 23-84 and 24-63.

For any zoning lot located in a Historic District designated by the Landmarks Preservation Commission, the minimum base height of a street wall may vary between the height of the street wall of an adjacent building before setback, if such height is lower than the minimum base height required, up to the minimum base height requirements of this Chapter.

For any zoning lot located in a Historic District designated by the Landmarks Preservation Commission, the location of the street wall of any building may vary between the street wall location requirements of this Chapter and the location of the street wall of an adjacent building fronting on the same street line.

(5)        Curb cuts

Curb cuts shall not be permitted on Greenwich Street, Murray Street and Chambers Street.

(c)        Area A3

The regulations applicable to a C6-3A District shall apply to developments and enlargements, except as set forth herein.

(1)        Height and setback regulations

The height and setback regulations of Section 35-65 (Height and Setback Requirements for Quality Housing Buildings) shall not apply. In lieu thereof, the following height and setback regulations shall apply:

(i)        Permitted obstructions

Permitted obstructions for all buildings or other structures shall be as set forth in Section 33-42.

(ii)        Measurement of height

Heights of all buildings or other structures shall be measured from the base plane.

(iii)        Street wall location

The street wall of any development or enlargement shall be located on the street line and extend along the entire street frontage of the zoning lot not occupied by existing buildings, and shall rise to at least a height of 60 feet or the height of the building, whichever is less. However, to allow articulation of street walls at the intersection of two street lines, the street wall may be located anywhere within an area bounded by the two street lines and a line connecting such street lines at points 15 feet from their intersection. 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. At any level above the ground floor, but at least 12 feet above the level of the base plane, recesses shall be permitted in the street wall for outer courts or articulation of street walls at the intersection of two street lines as set forth in this Section. The aggregate width of such recesses shall not exceed 30 percent of the width of the street wall at any level.

(iv)        Maximum height of street walls and required setbacks

The maximum height of a street wall before setback shall be 85 feet or the height of an adjoining building fronting on the same street line with a height of at least 60 feet, whichever is less. Setbacks are required for all portions of buildings that exceed these maximum street wall heights. At a height not lower than 60 feet nor higher than 85 feet, or the height of an adjoining building fronting on the same street line which is less than 85 feet, a setback with a depth of at least 10 feet shall be provided from any street wall fronting on a wide street, and a setback with a depth of at least 15 feet shall be provided from any street wall fronting on a narrow street, except that such dimensions may include the depth of any permitted recesses in the street wall.

(v)        Maximum building height

No building or other structure shall exceed a height of 135 feet.

(vi)        Vertical enlargements of low buildings

Existing buildings with street walls less than 60 feet in height may be vertically enlarged by up to one story or 15 feet, whichever is less, without regard to the street wall location provisions of paragraph (c)(1)(iii) of this Section.  

(2)        Special regulations for narrow buildings

A building or portion of a building may be constructed above the maximum height of street wall permitted pursuant to Section 23-692 (Height limitations for narrow buildings or enlargements), provided such portion of a building exceeding such height limitation does not exceed a height of one story or 15 feet, whichever is less, and provided such portion of a building is set back at least 10 feet from the street wall of the building facing a wide street, and 15 feet from the street wall of a building facing a narrow street.

(d)        Areas A4, A5, A6 and A7

Except as set forth in this Section, the bulk regulations of the underlying district shall apply.

(1)        The applicable height and setback regulations, as set forth in Section 35-65 (Height and Setback Requirements for Quality Housing Buildings), inclusive, shall be modified, as follows:

Area

Minimum Base Height (in ft.)

Maximum Base Height (in ft.)

Maximum Building Height (in ft.)

A4

60

70

140

A5

60

70

110

A6

60

85

120

A7

60

85

120

For any building or portion thereof within Area A4, a penthouse portion of a building, not exceeding 10 feet in height, may be constructed within Area A4 above the maximum building height, provided that such penthouse portion is set back at least 25 feet from any narrow street.

However, for any building or portion thereof located within Area 4 and within an Historic District designated by the Landmarks Preservation Commission, the underlying height and setback regulations of Section 35-24 shall apply, except that the maximum height of such buildings, or portions thereof, shall be 160 feet and the 10 foot penthouse allowance set forth in this paragraph (d)(1) shall not apply.

(2)        The provisions of Section 33-42 (Permitted Obstructions) shall apply to all buildings, except that dormers may penetrate a maximum base height in accordance with the provisions of paragraph (c)(1) of Section 23-621 (Permitted obstructions in certain districts).

(3)        The maximum floor area ratio permitted on a zoning lot shall be as follows:

Area

Maximum Floor Area Ratio

A4

6.5

A5

5.5

A6

5.4

A7

5.0

(4)        Applicability of Inclusionary Housing Program

R8A Districts within Area A6 shall be Inclusionary Housing designated areas, 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. The base floor area ratio for any zoning lot containing residences shall be 5.4. Such base floor area ratio may be increased to a maximum of 7.2 through the provision of affordable housing pursuant to the provisions for Inclusionary Housing designated areas in Section 23-90, except that the height and setback regulations of Sections 23-951 (Height and setback for compensated developments in Inclusionary Housing designated areas) and 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors) shall not apply. In lieu thereof, the height and setback regulations of this Chapter shall apply.

(5)        Buildings that have received a certification from the Chairperson of the City Planning Commission pursuant to paragraph (c) of the former Section 111-20 (MINOR MODIFICATIONS), prior to October 13, 2010, to modify the rooftop open space requirements of the former Section 111-112 (Open space equivalent), shall be exempt from the rooftop open space requirements of Section 15-24 (Open Space Equivalent).

(6)        Notwithstanding any of the provisions of Section 11-33 (Building Permits for Minor or Major Development or Other Construction Issued Before Effective Date of Amendment), the development of a building pursuant to a variance granted by the Board of Standards and Appeals under Calendar No. 231-09-BZ to modify bulk regulations, may be continued provided that a building permit has been issued, in accordance with the terms of said variance, within six years of the original granting of said variance.

In Areas A4 through A7, the City Planning Commission may permit transient hotels that are comprised of more than 100 sleeping units, provided the Commission shall find that such transient hotel, resulting from a development, enlargement, extension or change of use, is so located as not to impair the essential residential character of, or the future use or development of, the surrounding area. The Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the surrounding area.

The City Planning Commission may permit the total floor area of large commercial establishments to exceed the underlying floor area requirements set forth in Section 111-13, paragraphs (a)(3) and (b)(4), including the floor area requirements for cellar space, provided the Commission finds that:

(a)        such development, enlargement, extension or change of use is so located as not to impair the essential character or the future use of, or development of, the surrounding area; and

(b)        the streets providing access to the facility will be adequate to handle the vehicular and pedestrian traffic generated by such use.

The Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the surrounding area.

The following is applicable to all existing loft dwellings, created prior to October 13, 2010, within the Special Tribeca Mixed Use District.

(a)        All loft dwellings shall have one or more windows which open into a street or a yard with a minimum depth of 30 feet.

(b)

(1)        The minimum floor area contained within a loft dwelling shall be not less than 2,000 square feet, except that:

(i)        where a loft dwelling occupies the entire usable area of a floor, there shall be no minimum floor area;

(ii)        where a loft dwelling has a minimum clear width of 14 feet throughout and has windows opening onto both a street and a yard which has a depth of 10 percent of the depth of the loft dwelling, there shall be no minimum floor area;

(iii)        where the ratio in a loft dwelling of the window area opening onto a street or a yard of 30 feet minimum depth to the floor area contained within the loft dwelling exceeds five percent, the minimum floor area contained within the loft dwelling may be reduced by 200 square feet for each additional percent, to a ratio of 10 percent; or

(iv)        where the ratio in a loft dwelling of the window area opening onto a street or a yard of 30 feet minimum depth to the floor area contained within the loft dwelling equals or exceeds 10 percent, there shall be no minimum floor area.

(2)        The minimum loft dwelling size and yard requirement may be replaced by the requirements of Section 15-024 (Special bulk regulations for certain pre-existing dwelling units, joint living-work quarters for artists and loft dwellings) for loft dwellings:

(i)        for which a determination of residential occupancy on September 1, 1980 has been made;

(ii)        that are registered Interim Multiple Dwellings or are found covered by the New York City Loft Board pursuant to Article 7C of the New York State Multiple Dwelling Law; or

(iii)        that the Loft Board determines were occupied for residential use on September 1, 1980.

Loft dwellings existing on September 1, 1980, may not be subsequently divided into multiple loft dwellings that do not meet the requirements of paragraphs (a), (b)(1) and (c) of this Section, unless required by the Loft Board for the legalization of Interim Multiple Dwelling units in the implementation of Article 7C of the New York State Multiple Dwelling Law.

No building that meets the density requirements of paragraph (c) of this Section may subsequently add additional units or quarters except in accordance thereof. No building to which the regulations of Section 15-024 have been applied may subsequently add additional units or quarters except in accordance with the requirements of paragraph (c).

(c)        The number of loft dwellings shall not exceed one per 1,000 square feet of floor area devoted to loft dwellings, except as a result of the application of paragraph (b)(2) of this Section.

(d)        Mezzanines constructed pursuant to Chapter 26 of the Administrative Code shall be allowed within individual loft dwellings, provided that the gross floor area of each mezzanine does not exceed 33 and one-third percent of the floor area contained within such loft dwelling. Such mezzanines are permitted only in buildings with an existing floor area ratio of 12 or less and only between floors, or between a floor and a roof, existing on January 22, 1998, that are to remain. Such mezzanines shall not be included as floor area for the purpose of calculating the minimum required size of a loft dwelling or for calculating floor area devoted to loft dwellings.

(e)        At least 30 percent of the gross roof area of a building containing 15 or more loft dwellings shall be provided for recreational use. For each additional loft dwelling, 100 square feet of additional roof area shall be developed for recreational use up to a maximum of 50 percent of the gross roof area. This recreational area shall be accessible to all the occupants of said loft dwellings and their guests for whom no fees are charged.

(f)        Existing loft dwellings may be extended, enlarged, or subdivided into two or more loft dwellings only in accordance with the provisions of this Section. In addition, floor area added to an existing loft dwelling shall not be subject to the provisions of Section 32-42 (Location Within Buildings).

The "Special City Island 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 specific purposes:

(a)        to promote and strengthen the unique character of the Special City Island District for nautical and waterfront activities by limiting permitted uses to those which complement and enhance the existing character of the Special District;

(b)        to maintain the existing low-rise residential and commercial character of the district by regulating the height of buildings;

(c)        to maintain and protect the environmental quality and "village" character of City Island Avenue by imposing special controls on building setbacks and signs; and

(d)        to promote the most desirable use of land in this area and thus to conserve the value of land and thereby protect the City's tax revenue.

Development

For purposes of this Chapter, a "development" includes both development and enlargement, as defined in Section 12-10 (DEFINITIONS).

In harmony with the general purposes of the Special City Island District and in accordance with the provisions of this Chapter, certain specified regulations of the districts on which the Special City Island District is superimposed are made inapplicable and special regulations are substituted therefor. Except as modified by the express provisions of the Special District, the regulations of the underlying zoning districts remain in force.

An application to the City Planning Commission for the grant of a special permit under the provisions of this Chapter shall include a site plan showing the location and use of all buildings on the zoning lot and such other information as may be required by the Commission.

In all cases, the City Planning Commission shall deny a special permit application whenever the development will interfere with a public improvement project (including housing, highways, public building or facilities redevelopment or renewal projects, or rights-of-way for sewers, transit or other public facilities) which has been approved by the Board of Estimate, City Planning Commission or Site Selection Board as determined from the calendar of each agency issued prior to the date of the public hearing on the application for a special permit.

The District Plan for the Special City Island District identifies those areas within the Special District in which there are special height restrictions. The District Plan is set forth in Appendix A and is made an integral part hereof.

Within the Special District, and notwithstanding the provisions of Article V, Chapter 2, where commercial or manufacturing uses are permitted by the underlying district regulations, such commercial or manufacturing uses shall be limited to those uses set forth in this Section. This Section shall apply to a new use in a development and to a change of use in an existing building to another use listed in the same or another Use Group.

Within a C1 District, all uses permitted in Use Groups 1, 2, 3, 4, 5 and 6, as listed in Sections 32-11 to 32-15, are permitted, except:

Court houses

Electric and gas substations

Public utility stations

Telephone exchanges.

Additional permitted uses are:

Custom manufacturing and sale of jewelry, ceramics, art and needlework, limited to 10,000 square feet per establishment.

Within a C2 District, all commercial uses listed in Section 112-071 (Uses permitted in C1 Districts) are permitted as well as all uses permitted as-of-right in C2 Districts, as set forth in Section 32-10, except:

Automobile sales, including motorcycle and trailer

Prisons

Refreshment stands, drive-in

Wholesale establishments.

Within a C3 District, Use Groups 1, 2, 3 and 4 in Sections 32-11 to 32-13, and all commercial uses listed in Use Group 14 in Section 32-23, are permitted, as well as:

Boatels

Eating or drinking places, including those that provide outdoor table service or incidental musical entertainment.

For all buildings fronting on City Island Avenue between Bay Street and Carroll Street, only non-residential uses shall be permitted on the ground floor level or within stories that have a floor level within five feet of curb level, except for Type 1 lobbies provided in accordance with Section 37-33 (Maximum Width of Certain Uses).

Within an M1 District, all uses listed in Use Groups 4B, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16A and 17 are permitted, except:

Automobile sales, including motorcycle and trailer

Bottle works

Cotton ginning or cotton wadding or linters

Fuel, ice, coal or wood establishments with open storage

Manufacturing of autos, trucks or trailers, including parts

Motorcycle manufacturing, including parts

Motorcycle or motor scooter rental

Poultry or rabbit killing establishments

Prisons

Public transit or railroad substations

Public utility stations

Railroads, including rights-of-way

Refreshment stands, drive-in

Telephone exchanges

Truck weighing scales

Trucking terminals and motor freight stations.

In C1, C2 or C3 Districts, the City Planning Commission may permit automotive service stations, auto repair establishments, public parking garages or public parking lots. As a condition for permitting such use, the Commission shall make the following findings:

(a)        that such use is so located as to draw a minimum of vehicular traffic to and through local streets in nearby residential areas;

(b)        that such use has adequate reservoir space at the vehicular entrance to accommodate a minimum of 10 cars or 20 percent of the spaces so provided, whichever amount is less; and

(c)        that, where roof parking is permitted, such roof parking is so located as not to impair the essential character or future use or development of adjacent areas.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including limitations on signs or requirements for the shielding of floodlights or for setback of any roof parking areas from lot lines.

In addition to meeting the sign regulations of the applicable underlying zoning district, all signs within the Special District shall meet the following restrictions:

(a)        signs attached to the street wall of a building shall have a vertical dimension of not more than three feet and shall have a horizontal dimension of not more than 75 percent of the street frontage; and

(b)        outdoor signs may be illuminated by indirect means only.

In C3 Districts, for a residential use, the maximum lot coverage shall be 65 percent and the minimum required open space shall be 35 percent.

In C1, C2 and C3 Districts, for buildings containing residences with frontage on City Island Avenue, not more than one story of commercial use may be provided in such buildings and such story shall be excluded from the definition of floor area.

The underlying height and setback regulations shall apply, except that no building or other structure shall exceed a height limit of 35 feet, and the height shall be measured from the base plane. Such height and setback regulations may be modified only by authorization or special permit of the City Planning Commission, as applicable, pursuant to Sections 112-106 or 112-107.

For buildings with ground floor commercial or community facility uses fronting upon City Island Avenue, the provisions of Section 37-34 (Minimum Transparency Requirements) shall apply to any street wall of such building facing City Island Avenue.

The City Planning Commission may authorize, within Area B, as shown on the District Plan Map in Appendix A, modifications of the underlying height and setback regulations, provided the Commission finds that:

(a)        the distribution of the bulk of the building on the zoning lot permits adequate access of light and air to the surrounding streets and properties and does not impair the views of and to the water;

(b)        the modification of the height of the building permits better site planning and distribution of open space; and

(c)        the height of the building does not exceed 35 feet.

The Commission may prescribe appropriate conditions and safeguards to protect the views of and to the water and to minimize adverse effects on the surrounding area. That portion of any zoning lot used for boat sales, manufacture, storage or repair shall be exempt from the provisions of this Section.

The City Planning Commission may permit, within Area A, as shown on the District Plan Map in Appendix A, modifications of the underlying height and setback regulations, provided the Commission finds that:

(a)        the distribution of the bulk of the building on the zoning lot permits adequate access of light and air to the surrounding streets and properties and does not impair the views of and to the water;

(b)        the modification of the height of the building permits better site planning and distribution of open space; and

(c)        the height of the building does not exceed 50 feet.

The Commission may prescribe appropriate conditions and safeguards to protect the views of and to the water and to minimize adverse effects on the surrounding area. That portion of any zoning lot used for boat sales, manufacture, storage or repair shall be exempt from the provisions of this Section.

For any commercial or mixed use development except for eating or drinking establishments, one off-street accessory parking space shall be provided for every 300 square feet of commercial floor area. The provisions of Section 73-45 (Modification of Off-site Parking Provisions) are hereby made inapplicable.

After July 10, 1985, for any development, extension or change of use involving an eating or drinking establishment that, in the aggregate, results in an increase of more than 150 square feet of floor area, one off-street accessory parking space shall be provided for each 150 square feet of the total of the existing and new floor area.

After July 10, 1985, any reduction in the number of existing off-street accessory parking spaces, either on-site or off-site that lowers the ratio of off-street accessory parking space per floor area to less than one space per 150 square feet of floor area is prohibited.

New off-site accessory parking for eating or drinking establishments in C1 or C2 Districts may be located only in C1 or C2 Districts.

For the purposes of this Section, floor area shall also include cellar space, except for a room or rooms in the cellar used exclusively for storage, and outdoor table service areas used for eating or drinking establishments. The outdoor table service area shall be delineated and shown on the plans filed with the application for a building or work permit and used to determine the minimum requirement for accessory off-street parking. Such outdoor table service area shall be separated from the accessory off-street parking by a fence, wall, railing or planted screening.

For eating or drinking establishments, the provisions of Sections 36-23 or 44-23 (Waiver of Requirements for Spaces Below Minimum Number) or Sections 52-41 (General Provisions), with respect only to enlargements or extensions to provide off-street parking spaces, 73-43 (Reduction of Parking Spaces) and 73-45 (Modification of Off-site Parking Provisions) are hereby made inapplicable. For eating or drinking establishments with frontage on City Island Avenue, if less than 15 accessory off-street parking spaces are required, all such parking spaces shall be waived.

All developments, extensions or changes of use involving an eating or drinking establishment with attendant-operated parking services shall provide adequate on-site reservoir space at the vehicular entrances to accommodate automobiles equivalent in number to 10 percent of the total number of spaces, but in no event shall such reservoir space be required for more than 10 automobiles. Reservoir space shall be delineated by painted stripes or lines pursuant to the standards of the Department of Buildings.

Within one year of March 6, 1986, all existing eating or drinking establishments with attendant-operated parking services shall provide adequate reservoir space pursuant to this Section and shall file a site plan and documented evidence of compliance with the appropriate enforcement agency, either the Department of Buildings or Department of Ports and Terminals.

All new or enlarged parking lots with 10 or more spaces shall comply with the screening requirement provisions of this Section.

Accessory parking spaces that adjoin zoning lots with residential uses shall be screened by an opaque wall or fence extending not less than six feet but not higher than eight feet above finished grade, or alternatively, by a planting strip at least five feet wide and densely planted with evergreen shrubs at least four feet high at time of planting, and of a variety expected to reach a height of six feet within three years, or by both. No chain link fences shall be permitted.

Accessory parking spaces that adjoin zoning lots with non-residential uses shall be screened by an opaque wall or fence extending at least four feet high but not higher than six feet above finished grade, or alternatively by a planting strip at least five feet wide and densely planted with evergreen shrubs at least two and one-half feet high at time of planting. Open chain link fences shall be permitted only within such planting strip, and such fences shall extend at least four feet but not more than six feet above finished grade.

Accessory parking spaces that front upon a street shall be screened in accordance with the provisions of paragraphs (a), (b) and (c) of Section 37-921 (Perimeter landscaping).

In addition, such screening shall be maintained in good condition at all times, may be interrupted by normal entrances or exits and shall have no signs hung or attached thereto other than those permitted in Sections 32-62 (Permitted Signs), 32-63 (Permitted Advertising Signs) or 42-52 (Permitted Signs).

No parking shall be permitted between the street line of City Island Avenue and the street wall of any building or its prolongation facing City Island Avenue. However, this provision shall not apply to waterfront zoning lots.

Zoning district boundary lines shall coincide with the shoreline lawfully existing on November 13, 1981, or any natural or lawful alteration thereof.

A zoning district boundary line which intersects the shoreline lawfully existing on November 13, 1981, shall be prolongated, in a straight line, to such naturally or lawfully altered shoreline. Lawfully approved piers or other lawfully approved structural extensions of the shoreline, as may be so altered, shall not generate development rights; however, uses accessory to the principal upland permitted use, except for off-street parking, shall be permitted.

Except in R1 and R2 Districts, for developments containing residences on waterfront zoning lots of 65,000 square feet or more, a publicly accessible waterfront sitting area shall be provided. Such sitting area shall abut the shoreline, have a minimum area of 2,500 square feet, a minimum depth of 50 feet measured from the shoreline and contain at least one linear foot of seating for every 100 square feet of public access area. Entrances of buildings may not front upon such sitting area.

Such sitting area shall be accessible by means of either a direct connection to a public sidewalk or a public way through the zoning lot directly connecting the sitting area with a public sidewalk. Such public way shall be comprised of a planting strip of at least four feet in width containing one tree of at least three-inch caliper for every 25 linear feet of length of such way, and a paved sidewalk of at least six feet in width or, for developments with private roads, sidewalks provided in accordance with the requirements for private roads, as set forth in Article II, Chapter 6.

Such public access areas shall comply with the provisions of Sections 62-74 (Requirements for Recordation), 62-70 (MAINTENANCE AND OPERATION REQUIREMENTS FOR WATERFRONT PUBLIC ACCESS AREAS), 62-651 (Guardrails, gates and other protective barriers), 62-652 (Seating) and 62-654 (Signage).

The Chairperson of the City Planning Commission shall certify to the Department of Buildings or Department of Business Services, as applicable, that a site plan has been submitted showing compliance with the provisions of this Section.

The "Special Ocean Parkway 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 specific purposes:

(a)        to promote and strengthen the scenic landmark designation of Ocean Parkway by requiring landscaping along Ocean Parkway;

(b)        to maintain the existing scale and character of the community by limiting the bulk of permitted community facilities;

(c)        to protect the environmental quality of and improve circulation within the District by requiring enclosed parking for all uses along Ocean Parkway and by requiring off-street loading for certain community facilities throughout the District; and

(d)        to promote the most desirable use of land in this area and thus to conserve the value of land and thereby protect the City's tax revenue.

In harmony with the general purposes of the Special Ocean Parkway District and in accordance with the provisions of this Chapter, certain specified regulations of the districts on which the Special Ocean Parkway District is superimposed are made inapplicable and special regulations are substituted therefor. Except as modified by the express provisions of the Special District, the regulations of the underlying districts remain in force. 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.

For the purpose of applying the Inclusionary Housing Program provisions set forth in Sections 23-154 and 23-90, inclusive, Mandatory Inclusionary Housing areas within the Special Ocean Parkway District are shown on the maps in APPENDIX F of this Resolution.

The Subdistrict of the Special Ocean Parkway District is identified in Appendix A of this Chapter. In addition to the requirements of Sections 113-10 through 113-40, inclusive, the special regulations set forth in Sections 113-50 through 113-57, inclusive, shall apply to the Subdistrict.

The bulk regulations of the underlying districts shall apply, except as superseded, supplemented or modified by the provisions of this Section, inclusive.

In Residence Districts and Commercial Districts with residential equivalents, all community facility buildings, and portions of buildings containing community facility uses, shall be subject to the applicable underlying district bulk regulations of Article II, Chapter 3 (Residential Bulk Regulations in Residence Districts), except as provided below:

(a)        in R2X Districts, the residential bulk regulations of an R3-1 District shall apply to community facility buildings;

(b)        in R6 or R7 Districts with a letter suffix, the applicable bulk regulations set forth in Article II, Chapter 4 (Bulk Regulations for Community Facilities in Residence Districts) shall apply;

(c)        in the Subdistrict, the bulk regulations of Article II, Chapter 3 shall apply, except as set forth in Section 113-503 (Special bulk regulations); and

(d)        in R6 or R7 Districts without a letter suffix, the community facility bulk regulations of Article II, Chapter 4, may be made applicable by certification of the City Planning Commission, pursuant to Section 113-41 (Certification for Community Facility Uses on Certain Corner Lots).

For all zoning lots with frontage along Ocean Parkway, there shall be a 30 foot front yard. No obstructions including porches either open or enclosed, canopies or stairs are permitted within the front yard. Any driveway within such front yard shall be perpendicular to the street line or, in the case where the street wall is not parallel with the street line, the driveway shall be perpendicular to the street wall.

Balconies pursuant to Section 23-13 may, by a depth of not more than six feet, penetrate front yards, except along Ocean Parkway.

For all developments having frontage on Ocean Parkway, all required or permitted accessory off-street parking spaces shall be completely enclosed.

(a)        For any building containing a school for children below grade 7, off-street loading facilities shall be provided in accordance with the requirements of this Section. Such off-street loading facilities shall be so situated and arranged to provide head-in and head-out movement of vehicles on two separate streets, and shall have a minimum dimension of 12 feet. All such off-street loading facilities shall be screened from adjacent zoning lots by a four foot buffer of shrubbery that is at least four feet high at the time of planting.

(b)        For other schools with no children below grade 7, an off-street loading facility shall be provided with a minimum dimension of 12 by 18 feet.

Within the 30 foot front yard required along Ocean Parkway, landscaping in the form of grass, ground cover, trees or shrubs shall be provided at curb level or the natural grade level. Paving within the front yard shall be limited to the amount necessary for driveways or walkways. Fences are permitted along the front or side lot line provided that such fence is no higher than four feet above curb level.

In addition to the applicable underlying street tree planting requirements, all changes of use on zoning lots having frontage on Ocean Parkway, shall provide street trees in accordance with the provisions of Section 26-41 (Street Tree Planting).

Within the Special Ocean Parkway District, the City Planning Commission may allow, by certification, community facility developments or enlargements or changes of use containing community facility uses, to exceed the bulk regulations of Section 113-11 (Special Bulk Regulations for Community Facilities) when located on corner lots, one lot line of which is the street line of a wide street, provided that:

(a)        the community facility building will comply with the bulk regulations of Article II, Chapter 4 (Bulk Regulations for Community Facilities in Residence Districts); and

(b)        the scale of the proposed community facility building is appropriate to the scale of the surrounding development.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

Within the Special Ocean Parkway District, the City Planning Commission may authorize enlargements that exceed the bulk limitations of Section 113-11 (Special Bulk Regulations for Community Facilities), provided:

(a)        the existing building is a community facility building developed prior to December 19, 1996;

(b)        the existing community facility building is located partially or wholly on a corner lot, one lot line of which is the street line of a wide street;

(c)        the enlarged community facility building will comply with the bulk regulations of Article II, Chapter 4 (Bulk Regulations for Community Facilities in Residence Districts); and

(d)        the scale of the proposed community facility building is appropriate to the scale of the surrounding area.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In order to preserve and enhance the character of the neighborhood, the Subdistrict within the Special Ocean Parkway District is established which encourages large single- or two-family detached and semi-detached residences.

Within the Subdistrict, single- and two-family detached and semi-detached residences and uses listed in Use Groups 3 or 4 are the only permitted uses. Non-conforming single- or two-family residences may be enlarged or extended pursuant to the provisions of the Subdistrict provided that a 30 foot rear yard is maintained. All other non-conforming uses shall be subject to the provisions of Article V, Chapter 2 (Non-conforming Uses).

For single- and two-family detached and semi-detached residences, and for zoning lots containing both community facility and residential uses, certain underlying district bulk regulations are set forth in Article II, Chapter 3 (Residential Bulk Regulations in Residence Districts), except as superseded by those set forth in Sections 113-51 through 113-55, inclusive. The regulations applicable to a predominantly built-up area shall not apply in the Subdistrict.

For community facility buildings, the bulk regulations of Article II, Chapter 3, are superseded by those set forth in Sections 113-51 (Maximum Permitted Floor Area Ratio), 113-542 (Minimum required front yards), 113-543 (Minimum required side yards), 113-544 (Minimum required rear yards) and 113-55 (Height and Setback Regulations). The provisions of Sections 24-01 (Applicability of this Chapter), 24-012 (Exceptions to the bulk regulations of this Chapter), paragraph (a), and 24-04 (Modification of Bulk Regulations in Certain Districts), pertaining to R4-1 Districts, shall not apply in the Subdistrict.

The maximum permitted floor area ratio shall be 1.50.

The regulations set forth in Section 23-22 (Maximum Number of Dwelling Units) pertaining to R4-1 Districts shall apply.

The regulations set forth in Section 23-32 (Minimum Lot Area or Lot Width for Residences) pertaining to R4-1 Districts shall apply to residential uses. The regulations set forth in Section 24-20 (APPLICABILITY OF DENSITY REGULATIONS TO ZONING LOTS CONTAINING BOTH RESIDENTIAL AND COMMUNITY FACILITY USES), pertaining to R4 Districts, shall apply to buildings used partly for residence and partly for community facility use.

For permitted residential uses, the provisions of Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) shall apply with the following modifications:

(a)        open accessory off-street parking spaces shall not be located within a front yard unless such spaces are located in a permitted side lot ribbon;

(b)        three-foot overhangs in a required 18-foot front yard in R4 or R5 Districts shall not be permitted; and

(c)        balconies shall not be a permitted obstruction in rear yards or rear yard equivalents.

The regulations set forth in Section 23-45 (Minimum Required Front Yards) pertaining to R4-1 Districts shall apply.

The regulations set forth in Section 23-461 (Side yards for single- or two- family residences) pertaining to R4A Districts shall apply to detached buildings. The regulations in that Section pertaining to R4-1 Districts shall apply to semi-detached residences.

For an existing single- or two-family residence with a non-complying side yard, an enlargement involving a straight line extension of the existing building walls facing such non-complying side yard is permitted, provided that:

(a)        the portion of the building which is enlarged complies with the height and setback regulations set forth in Section 113-55;

(b)        the minimum distance between such building wall and the nearest building wall, or prolongation thereof, on an adjoining zoning lot across the common side lot line is eight feet;

(c)        the enlarged building does not contain more than two dwelling units;

(d)        there is no encroachment on the existing non-complying side yard, except as set forth in this Section; and

(e)        the enlargement does not otherwise result in the creation of a new non-compliance with the applicable bulk regulations.

One rear yard with a depth of not less than 20 feet shall be provided on any zoning lot except a corner lot. The provisions of Section 23-52 (Special Provisions for Shallow Interior Lots) shall be inapplicable. The provisions of Section 23-53 (Special Provisions for Through Lots) pertaining to R4 Districts shall apply except that the provisions in Section 23-532 (Required rear yard equivalents) shall be modified to require 40 feet instead of 60 feet in paragraph (a), or 20 feet instead of 30 feet in paragraphs (b) and (c).

The regulations set forth in Section 23-49 (Special Provisions for Side Lot Line Walls) pertaining to R4-1 Districts shall apply.

The height and setback regulations of a building or other structure in the Subdistrict shall be those applicable to R4A Districts in Section 23-631 (General provisions), except that paragraph (b)(2) shall be modified as follows:

Each perimeter wall of the building or other structure may have one or more apex points directly above it on the 35 foot high plane. (See Section 23-631, Figure B).

Except as set forth in this Section, the regulations set forth in Article II, Chapter 5 (Accessory Off-street Parking and Loading Regulations), pertaining to R2X Districts, shall apply.

One accessory off-street parking space shall be provided for each dwelling unit created after August 3, 1993. This requirement may be waived for a single-family residence on an interior zoning lot that has a width of less than 25 feet along a street.

For the purposes of applying the regulations of Article VII, Chapter 7 (Special Provisions for Zoning Lots Divided by District Boundaries), the Subdistrict shall be considered an R4-1 District.

The "Special Bay Ridge District" established in this Resolution is designed to promote and protect the public health, safety and general welfare. These general goals include, among others, the following specific purposes:

(a)        to preserve, protect and maintain the existing scale and character of the residential and commercial community;

(b)        to encourage design of residential, commercial and community facility development which is in character with the neighborhood and surrounding community; and

(c)        to promote the most desirable use of land in the area and thus to conserve the value of land and buildings, and thereby to protect the City's tax revenues.

In harmony with the general provisions and intent of this Resolution and the general purposes of the Special Bay Ridge District, the regulations of the districts upon which this Special District is superimposed are supplemented or modified in accordance with the provisions of this Chapter. The provisions of this Chapter shall apply to all buildings.

Except as modified by the provisions of this Chapter, the regulations of the underlying districts remain in effect.

In the Special Bay Ridge District, the maximum floor area ratio and height and setback regulations shall apply as modified in this Section, inclusive.

In C8-2 Districts, for any zoning lot, the maximum floor area ratio for any community facility use shall not exceed 3.0.

In R4A, R4-1, R4B or R5B Districts, the bulk regulations of Article II, Chapter 4, shall apply only to a building that is used entirely for community facility use, except that the maximum floor area ratio shall not exceed 1.65. For a building that is used partly for community facility use and partly for residential use, the bulk regulations of Article II, Chapter 3, shall apply to all portions of such building, except that where:

(a)        such community facility use has received tax-exempt status from the New York City Department of Finance, or its successor, pursuant to Section 420 of the New York State Real Property Tax Law; or

(b)        such building has received an authorization pursuant to Section 24-04 (Modification of Bulk Regulations in Certain Districts);

the bulk regulations of Article II, Chapter 4, shall apply to the community facility portion of such building, provided that the maximum floor area ratio for the community facility use shall not exceed 1.65.

The provisions of Section 33-42 (Permitted Obstructions) shall apply to all buildings or other structures in R6A, R6B, R7A, R7B, C4-2A and C8-2 Districts in the Special Bay Ridge District, except that dormers may penetrate a maximum base height in accordance with the provisions of paragraph (c)(1) of Section 23-621 (Permitted obstructions in certain districts).

In the Special Bay Ridge District, the height and setback and maximum building height regulations of the underlying districts have been modified as follows:

(a)        In C8-2 Districts

In C8-2 Districts, the maximum height of a building or other structure shall be 70 feet. Any portion of a building or other structure that exceeds a height of 60 feet shall be set back with a depth of at least 10 feet from a wide street line and at least 15 feet from a narrow street line.

(b)        For community facilities in Residence Districts

In R3A, R3X, R3-2, R4A, R4-1, R4B and R5B Districts, the maximum height of a building or other structure containing community facility uses shall not exceed 32 feet.

The "Special Downtown Jamaica District" established in this Resolution is designed to promote and protect the public health, safety and general welfare of the Downtown Jamaica community. These general goals include, among others, the following specific purpose:

(a)        to strengthen the business core of Downtown Jamaica by improving the working and living environments;

(b)        to foster development in Downtown Jamaica and provide direction and incentives for further growth where appropriate;

(c)        to encourage the development of affordable housing;

(d)        to expand the retail, entertainment and commercial character of the area around the transit center and to enhance the area's role as a major transportation hub in the City;

(e)        to provide transitions between the downtown commercial core, the lower-scale residential communities and the transportation hub;

(f)        to improve the quality of development in Downtown Jamaica by requiring the provision of specified public amenities in appropriate locations;

(g)        to encourage the design of new buildings that are in character with the area;

(h)        to enhance the pedestrian environment by relieving sidewalk congestion and providing pedestrian amenities; and

(i)        to promote the most desirable use of land and thus conserve and enhance the value of land and buildings, and thereby protect the City's tax revenues.

In harmony with the general purposes and content of this Resolution and the general purposes of the Special Downtown Jamaica District, the regulations of this Chapter shall apply within the Special Downtown Jamaica 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.

Any special permit granted by the City Planning Commission before September 10, 2007, may be started or continued, in accordance with the terms thereof, or as such terms may be subsequently modified, pursuant to the regulations in effect at the time such special permit was granted, subject to the provisions of Sections 11-42 (Lapse of Authorization or Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution) and 11-43 (Renewal of Authorization or Special Permit).

The regulations of this Chapter implement the Special Downtown Jamaica District Plan.

The District Plan includes the following maps in the Appendix to this Chapter:

Map 1        Special Downtown Jamaica District

Map 2        Ground Floor Use and Transparency and Curb Cut Restrictions

Map 3        Street Wall Location

Map 4        Street Wall Height

Map 5        Maximum Building Height

Map 6        Sidewalk Widening

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 the Special Downtown Jamaica District, the use regulations of the underlying district shall apply except as modified in this Section, inclusive. The use regulations of the underlying C4-5X, C6 and M1-4 Districts relating to public parking garages are modified in Section 115-11. The use regulations of the underlying C6-4 District relating to Use Group 11B, are modified in Section 115-12. Special ground floor use and transparency regulations shall apply in the C4-5X and C6 Districts pursuant to Sections 115-13 (Ground Floor Use, Frontage and Major Building Entrance Regulations in C4-5X and C6 Districts) and 115-14 (Transparency Requirement in C4-5X and C6 Districts). The use regulations of the underlying M1-4 District, including Use Groups 3, 4, 6, 10, 16, 17 and 18, are modified as specified in Section 115-15.

In the Special Downtown Jamaica District, the use regulations of the underlying C4-5X, C6-2, C6-3, C6-4 and M1-4 Districts shall be modified to permit public parking garages with a capacity of 150 spaces or less, as-of-right, subject to the provisions set forth for accessory off-street parking spaces in Sections 36-53 (Width of Curb Cuts and Location of Access to the Street), 36-55 (Surfacing) and 36-56 (Screening). Public parking garages may be open or enclosed, provided that no portion of such use shall be located on a roof other than a roof which is immediately above a cellar or basement, except as provided by the special permit provisions of Section 74-52 (Parking Garages or Public Parking Lots in High Density Central Areas).

In C6-4 Districts, the provisions of Section 32-20 (Use Group 11), paragraph B (Wholesale or Similar Establishments), shall be modified to allow wholesale establishments with no limitation on accessory storage.

On designated streets, as shown on Map 2 (Ground Floor Use and Transparency and Curb Cut Restrictions) in Appendix A of this Chapter, the special ground floor use, frontage and major building entrance regulations of this Section shall apply to any building or other structure fronting on such streets.

Uses within stories on the ground floor or with a floor level within five feet of the level of the adjoining sidewalk, shall be limited to community facility uses without sleeping accommodations, as listed in Section 115-15 (Modification of Use Regulations in M1-4 Districts), and uses listed in Use Groups 5, 6A, 6B, 6C, 6D, 7A, 7B, 8A, 8B, 8D, 9, 10, 11, 12A, 12B and 12C. A building's street frontage shall be allocated exclusively to such uses, except for Type 2 lobby space, entryways or entrances to subway stations provided in accordance with Section 37-33 (Maximum Width of Certain Uses). Such non-residential uses shall comply with the minimum depth provisions of Section 37-32 (Ground Floor Depth Requirements for Certain Uses).

For buildings developed or enlarged after September 10, 2007, where the ground floor of such development or enlarged portion of the building fronts upon such designated street, such development or enlargement shall provide a major building entrance onto such street. However, developments or enlargements on zoning lots with frontage on more than one designated street, may provide a major building entrance on only one designated street.

For buildings developed or enlarged after September 10, 2007, where the ground floor of such development or enlarged portion of the building fronts upon designated streets as shown on Map 2 (Ground Floor Use and Transparency and Curb Cut Restrictions) in Appendix A of this Chapter, each ground floor street wall shall be glazed in accordance with Section 37-34 (Minimum Transparency Requirements).

The use regulations of the underlying M1-4 District shall apply, except as modified as follows:

Use Groups 3A and 4A

The following community facility uses as listed in Sections 22-13 (Use Group 3) and 22-14 (Use Group 4) shall be permitted as-of-right, provided that such uses are without sleeping accommodations:

From Use Group 3A:

College or universities, including professional schools but excluding business colleges or trade schools

Libraries, museums or non-commercial art galleries, without limitation

Schools

From Use Group 4A:

Ambulatory diagnostic or treatment health care facilities, limited to public, private, for-profit or not-for-profit medical, health and mental health care facilities in which patients are diagnosed or treated by health care professionals, licensed by the New York State Department of Education or successor agency, for medical, health or mental health conditions, and where such patients are ambulatory rather than admitted. Such facilities shall not include the practice of veterinary medicine, physical culture or health establishments or ophthalmic dispensing

Clubs, except:

(a)        clubs, the chief activity of which is a service predominantly carried on as a business;

(b)        non-commercial outdoor swimming pool clubs;

(c)        any other non-commercial clubs with outdoor swimming pools located less than 500 feet from any lot line; or

(d)        any activity or use listed within the definitions of either adult physical culture establishments or physical culture or health establishments in Section 12-10 (DEFINITIONS)

Community centers or settlement houses

Non-commercial recreation centers

Philanthropic or non-profit institutions, without limitation on central office functions

Rectories and parish houses

Seminaries

Welfare centers

Use Groups 6 and 10

All uses listed in Sections 32-15 (Use Group 6) and 32-19 (Use Group 10), shall be permitted and shall not be subject to the limitations specified in 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).

Use Groups 16, 17 and 18

The following uses from Sections 32-25 (Use Group 16), 42-14 (Use Group 17) and 42-15 (Use Group 18) shall be permitted, provided that such uses are in completely enclosed buildings, except as specifically modified in this Section.

From Use Group 16A (Retail or Service Establishments):

Animal hospitals or kennels

Automobile, motorcycle, trailer or boat sales

Building materials sales, limited to 10,000 square feet of lot area per establishment

Carpentry, custom woodworking or custom furniture making shops

Electrical, glazing, heating, painting, paper hanging, plumbing, roofing or ventilating contractors' establishments

Fuel, ice, oil, coal or wood sales, limited to 5,000 square feet of lot area per establishment

Household or office equipment or machinery repair shops, such as refrigerators, washing machines, stoves, deep freezers or air conditioning units

Machinery rental or sales establishments

Mirror silvering or glass cutting shops

Motorcycle or motor scooter rental establishments

Sign painting shops, with no limitation on floor area per establishment

Silver plating shops, custom

Soldering or welding shops

Tool, die or pattern making establishments, or similar small machine shops

Trade schools for adults

From Use Group 16B (Automotive Service Establishments):

Automotive service stations, open or enclosed, provided that facilities for lubrication, minor repairs or washing are permitted only if located within a completely enclosed building

From Use Group 16C (Vehicle Storage Establishments):

Commercial or public utility vehicle storage, including accessory motor fuel pumps

From Use Group 16D (Heavy Service, Wholesale or Storage Establishments):

Carpet cleaning establishments

Dry cleaning or cleaning and dyeing establishments, with no limitation on type of operation, solvents, floor area or capacity per establishment

Laundries, with no limitation on type of operation

Linen, towel or diaper supply establishments

Moving or storage offices, with no limitation as to storage or floor area per establishment

Packing or crating establishments

Photographic developing or printing, with no limitation on floor area per establishment

Warehouses

Wholesale establishments, with no limitation on accessory storage

From Use Group 17A (Service or Wholesale Establishments):

Building materials or contractors' yards, including sales, storage, or handling of building materials, with no limitation on lot area per establishment, except that lumber yards shall be limited to 20,000 square feet of lot area per establishment

Produce or meat markets, wholesale

From Use Group 17B (Manufacturing Establishments):

Advertising displays

Aircraft, including parts

Apparel or other textile products from textiles or other materials, including hat bodies, or similar products

Beverages, non-alcoholic

Bottling work, for all beverages

Brushes or brooms

Cameras or other photographic equipment, except film

Canvas or canvas products

Carpets

Ceramic products, including pottery, small glazed tile, or similar products

Chemicals, compounding or packaging

Cork products

Cosmetics or toiletries

Cotton ginning, or cotton wadding or linters

Electrical appliances, including lighting fixtures, irons, fans, toasters, electric toys, or similar appliances

Electrical equipment assembly, including home radio or television receivers, home movie equipment, or similar products, but not including electrical machinery

Electrical supplies, including wire or cable assembly, switches, lamps, insulation, dry cell batteries, or similar supplies

Film, photographic

Food products, except slaughtering of meat or preparation of fish for packing

Fur goods, not including tanning or dyeing

Glass products from previously manufactured glass

Hair, felt or feather products, except washing, curing or dyeing

Hosiery

Ice, dry or natural

Ink or inked ribbon

Jute, hemp, sisal or oakum products

Laboratories, research, experimental or testing

Leather products, including shoes, machine belting, or similar products

Luggage

Machines, business, including typewriters, accounting machines, calculators, card-counting equipment, or similar products

Machinery, miscellaneous, including washing machines, firearms, refrigerators, air-conditioning, commercial motion picture equipment, or similar products

Machine tools, including metal lathes, metal presses, metal stamping machines, woodworking machines, or similar products

Mattresses, including rebuilding or renovating

Metal finishing, plating, grinding, sharpening, polishing, cleaning, rust-proofing, heat treatment, or similar processes

Metal stamping or extrusion, including costume jewelry, pins and needles, razor blades, bottle caps, buttons, kitchen utensils, or similar products

Motorcycles, including parts

Musical instruments, including pianos or organs

Novelty products

Optical equipment, clocks, or similar precision instruments

Orthopedic or medical appliances, including artificial limbs, braces, supports, stretchers, or similar appliances

Paper products, including envelopes, stationery, bags, boxes, shipping containers, bulk goods, tubes, wallpaper printing, or similar products

Perfumes or perfumed soaps, compounding only

Pharmaceutical products

Plastic products, including tableware, phonograph records, buttons, or similar products

Printing or publishing, with no limitation on floor area per establishment

Rubber products, such as washers, gloves, footwear, bathing caps, atomizers, or similar products, excluding manufacture of natural or synthetic rubber

Scenery construction

Silverware, plate or sterling

Soap or detergents, packaging only

Sporting or athletic equipment, including balls, baskets, cues, gloves, bats, racquets, rods, or similar products

Statuary, mannequins, figurines, or religious art goods, excluding foundry operations

Steel products, miscellaneous fabrication or assembly, including steel cabinets, doors, fencing, metal furniture, or similar products

Textiles, spinning, weaving, manufacturing, dyeing, printing, knit goods, yarn, thread or cordage

Tobacco, including curing or tobacco products

Tools or hardware, including bolts, nuts, screws, doorknobs, drills, hand tools or cutlery, hinges, house hardware, locks, non-ferrous metal castings, plumbing appliances, or similar products

Toys

Umbrellas

Upholstering, bulk, excluding upholstering shops dealing directly with consumers

Vehicles, children's, including bicycles, scooters, wagons, baby carriages, or similar vehicles

Venetian blinds, window shades, or awnings, with no limitation on production or on floor area per establishment

Wax products

Wood products, including furniture, boxes, crates, baskets, pencils, cooperage works, or similar products

From Use Group 17C (Miscellaneous Uses):

Public transit, railroad or electric utility substations, open or enclosed, subject to the special permit provisions of Sections 73-16 or 74-61 (Public Transit, Railroad or Electric Utility Substations)

Railroads, including rights-of-way, freight terminals, yards or appurtenances, or facilities or services used or required in railroad operations, but not including passenger stations

From Use Group 18:

Breweries, limited to 10,000 square feet of floor area per establishment

Uses accessory to the preceding listed uses

Within the Special Downtown Jamaica District, for any zoning lot in a C8-1 District prior to September 10, 2007, the provisions of paragraph (b) of Section 52-332 (Other buildings or structures in Residence Districts) and the provisions of paragraph (b) of Section 52-35 (Manufacturing or Related Uses in Commercial Districts) shall be modified as follows: A non-conforming use listed in Use Group 16 may not be changed to a use listed in Use Group 17.

(a)        Maximum floor area ratio for zoning lots containing non-residential uses

In C6-2 and C6-3 Districts, the underlying floor area ratio and open space provisions shall not apply. In lieu thereof, the maximum floor area ratio permitted for commercial and community facility uses, separately or in combination, shall not exceed 6.0 in C6-2 Districts and 8.0 in C6-3 Districts. No floor area bonuses shall be permitted.

In C6-4 Districts, the underlying floor area ratio provisions, including floor area bonus provisions, shall apply to community facility uses. For commercial uses, the maximum floor area ratio shall be 12.0, and no floor area bonuses shall apply.

In M1-4 Districts, the maximum floor area ratio permitted for commercial, community facility or manufacturing uses, separately or in combination, shall be 2.0.

(b)        Maximum floor area ratio for zoning lots containing residential uses

The maximum floor area ratio for any zoning lot containing a residential use shall not exceed the floor area ratio set forth in Section 115-211 (Special Inclusionary Housing regulations) for the applicable district.

(c)        Lot coverage

In C4 and C6 Districts, for residential buildings or the residential portion of a mixed building, the maximum lot coverage shall be 100 percent on a corner lot and 70 percent on an interior or through lot.

(a)        Applicability

R7A, R7X, C4-4A, C4-5X, C6-2, C6-3 and C6-4 Districts within the Special Downtown Jamaica District shall be Inclusionary Housing designated areas, pursuant to Section 12-10 (DEFINITIONS), for the purpose of making the Inclusionary Housing Program regulations of Section 23-90 (INCLUSIONARY HOUSING), inclusive, applicable as modified, within the Special District.

(b)        Maximum floor area ratio

The maximum floor area ratio for any zoning lot containing a residential use shall not exceed the base floor area ratio set forth in the table in this Section, except that such base floor area ratio may be increased to the maximum floor area ratio, 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, inclusive.

District

Base Floor Area Ratio

R7A C4-4A

3.45

R7X C4-5X

3.75

R8 C6-2

5.4

R9 C6-3

6.0

R10 C6-4

9.0

(c)        Modification of location requirements

The requirements of paragraph (a) of Section 23-96 (Requirements for Generating Sites or MIH Sites) shall be modified as follows: a generating site may be located in any Inclusionary Housing designated area within the Special Downtown Jamaica District.

(d)        Height and setback

The height and setback regulations of Sections 23-951 (Height and setback for compensated developments in Inclusionary Housing designated areas) and 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors) shall be modified by the special height and setback regulations of Section 115-23, inclusive.

Rear yard requirements shall not apply to non-residential uses along such portion of a lot line that coincides with a boundary of a railroad right-of-way, or in any portion of a C6-4 District.

In M1-4 Districts, the underlying height and setback regulations shall apply except as modified in Section 115-231 (Permitted obstructions).

In C4 and C6 Districts, the underlying height and setback regulations are modified as set forth in Sections 115-231 through 115-235, inclusive.

For zoning lots subject to the sidewalk widening requirements of Section 115-31, the boundary of the sidewalk widening furthest from the street line shall be considered the street line for the purposes of applying all height and setback regulations.

All heights shall be measured from the base plane.

The provisions of Section 33-42 (Permitted Obstructions) shall apply to all buildings within the Special Downtown Jamaica District, except that dormers may penetrate a maximum base height in accordance with the provisions of paragraph (c)(1) of Section 23-621 (Permitted obstructions in certain districts).

C4 C6

In the districts indicated, street walls shall be provided in accordance with the provisions of this Section.

(a)        For all locations, except as specified on Map 3 (Street Wall Location) in Appendix A of this Chapter, the street wall of a building shall be located on the street line and extend along at least 70 percent of the street frontage of the zoning lot. No street wall location rules shall apply to the remaining portion of the street frontage of the zoning lot; however, any street walls provided in such portion shall be located on the street line or recessed within an outer court. All required street walls shall rise without setback to at least the minimum base height specified in Section 115-233 (Street wall height), or the height of the building, whichever is less. For zoning lots bounded by more than one street line, these street wall location requirements shall apply on all such street lines.

(b)        Map 3 (Street Wall Location) in Appendix A of this Chapter, specifies the street frontages where the regulations set forth in this paragraph (b) apply.

(1)        The street wall shall be located on the street line and extend along the entire street frontage as specified on Map 3, and shall rise without setback to at least the minimum base height specified in Section 115-233, or the height of the building, whichever is less. This requirement shall also apply along that portion of any street line that intersects such street frontage, specified on Map 3, within 50 feet of such intersection.

(2)        To allow articulation of street walls at the intersection of two street lines with mandatory street wall requirements, up to 50 percent of the area bounded by the two street lines and lines parallel to and 20 feet from such street lines may be unoccupied by a building.

(3)        Where corner articulation is specified on Map 3, the following regulations shall apply:

(i)        Where base corner articulation is specified, the building shall occupy, at every level up to the level of the setback provided pursuant to Section 115-233, not less than 50 percent and not more than 75 percent of the area bounded by the two street lines and lines parallel to and 20 feet from such street lines.

(ii)        Where tower corner articulation is specified, no articulation is required where all portions of the building that exceed a height of 60 feet are located at least 10 feet from a wide street line and at least 15 feet from a narrow street line. Where a building rises without setback along those street lines where no setback is required, as specified on Map 4 (Street Wall Height), in Appendix A of this Chapter, the building shall cover, at every level above the setback provided pursuant to Section 115-233, not less than 50 percent and not more than 75 percent of the area bounded by:

(a)        the street line of the street where no setback is required;

(b)        a line 10 feet from and parallel to a wide street with a setback requirement or 15 feet from and parallel to a narrow street with a setback requirement; and

(c)        lines parallel to and 20 feet from such lines.

(4)        No street wall location requirements shall apply to any open space fronting on Sutphin Boulevard between 94th and 95th Avenues provided pursuant to the Jamaica Gateway Urban Renewal Plan, as shown on Map 3.

(5)        For building walls facing Archer Avenue on Blocks 9988 and 9994, the street walls required pursuant to this paragraph (b) shall not be located along the Archer Avenue street line, but shall instead be located along the northern boundary of the Public Place mapped on each such block. However, if the Public Place is not mapped on Block 9994, then the street wall shall be located on a line perpendicular to 147th Place and passing through a point 51.77 feet distant (as measured along the southwesterly street line of 147th Place) from the corner of the northeasterly street line of Archer Avenue and the southwesterly street line of 147th Place. To accommodate the development of a one story building which may be located within each Public Place, such street walls shall have no building entrances or windows up to a height of 30 feet within 100 feet of 147th Place on Block 9994 and within 100 feet of 146th Street on Block 9988.

(c)        In all locations where street walls are required, 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 a height of 12 feet, up to 30 percent of the aggregate width of required street walls may be recessed beyond the street line, provided any such recesses deeper than 10 feet along a wide street, or 15 feet along a narrow street, are located within an outer court. Furthermore, no recesses shall be permitted within 30 feet of the intersection of two street lines except to articulate the street walls as set forth in this Section.

Existing buildings may be vertically enlarged by up to one story or 15 feet, without regard to the street wall location requirements of this Section.

C4 C6

Except in the locations indicated on Map 4 (Street Wall Height) in Appendix A of this Chapter, the minimum and maximum heights before setback of a street wall required pursuant to Section 115-232 (Street wall location), shall be as set forth in the following table:

District

Minimum Street Wall Height

Maximum Street Wall Height

C4-4A

40 feet

65 feet

C4-5X

40 feet

85 feet

C6

40 feet

60 feet

However, in C4-4A and C4-5X Districts, the maximum street wall height may be modified for Quality Housing buildings with qualifying ground floors in accordance with Section 23-662 (Maximum height of buildings and setback regulations) for the applicable residential equivalent set forth in the tables in Section 35-23 (Residential Bulk Regulations in Other C1 or C2 Districts or in C3, C4, C5 or C6 Districts). In addition, for buildings meeting the criteria set forth in paragraph (a) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), such maximum street wall heights may be modified in accordance with the provisions of paragraph (b) of Section 23-664 for the applicable residential equivalent of such districts.

Any portion of a building that exceeds the maximum height of a street wall shall be set back at least 10 feet from a wide street line and at least 15 feet from a narrow street line.

In the locations indicated on Map 4, required street walls shall rise without setback to the minimum height specified for that location on Map 4 or the height of the building, whichever is less. Any portion of a building that exceeds the maximum street wall height specified for that location shall be set back at least 10 feet from a wide street line and at least 15 feet from a narrow street line.

However, in the locations indicated on Map 4 where no maximum street wall height or setback is required, street walls required pursuant to Section 115-232 shall rise without setback to a minimum height of 40 feet or the height of the building, whichever is less. Above a height of 40 feet, no setbacks are required for any portion of such street wall.

C4 C6

In C4-4A and C4-5X Districts, the maximum height of a building or other structure and the maximum number of stories shall be as set forth in Section 23-662 (Maximum height of buildings and setback regulations) for the applicable residential equivalent set forth in the tables in Section 35-23 (Residential Bulk Regulations in Other C1 or C2 Districts or in C3, C4, C5 or C6 Districts). For buildings meeting the criteria set forth in paragraph (a) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), such maximum heights and number of stories may be modified in accordance with the provisions of paragraph (b) of Section 23-664 for the applicable residential equivalent of such districts. Separate maximum building heights are set forth within such Sections for Quality Housing buildings with qualifying ground floors and for those with non-qualifying ground floors.

In C6-2 and C6-3 Districts, no building or other structure shall exceed a height of 250 feet. In C6-4 Districts, no building or other structure shall exceed a height of 290 feet. However, no maximum building height limitation shall apply on Block 9993, shown on Map 5 (Maximum Building Height) in Appendix A of this Chapter, if such block is developed or if a building on such block is enlarged, pursuant to the Jamaica Gateway Urban Renewal Plan.

R6 R7 R8 R9 R10

In the districts indicated, and in Commercial Districts where such Residence District bulk regulations are applicable, that portion of a building located within 25 feet of an adjacent zoning lot in an R1, R2, R3, R4 or R5 District shall not exceed a maximum height of 35 feet. In addition, an open area not higher than curb level shall be provided within eight feet of such adjacent zoning lot. Such open area may be used for accessory parking.

The provisions of this Section shall apply to all developments fronting upon locations requiring sidewalk widenings as shown on Map 6 (Sidewalk Widening) in Appendix A of this Chapter. A sidewalk widening is a continuous, paved open area along the street line of a zoning lot having a depth of two feet or five feet, as set forth on Map 6. Such depth shall be measured perpendicular to the street line. Sidewalk widenings shall be improved as sidewalks to Department of Transportation standards, at the same level as the adjoining public sidewalk and directly accessible to the public at all times. No enlargement shall be permitted to decrease the depth of such sidewalk to less than such minimum required total sidewalk depth.

All mandatory sidewalk widenings must provide lighting in accordance with the requirements of Section 37-743, except that the minimum level of illumination shall be not less than two horizontal foot candles throughout the entire mandatory sidewalk widening.

All buildings containing residences shall provide refuse storage space, recreation space and planting areas in accordance with the provisions of Sections 28-12 (Refuse Storage and Disposal) and 28-20 (RECREATION SPACE AND PLANTING AREAS), whether or not they are Quality Housing buildings.

In all Commercial Districts, the conversion to dwelling units of non-residential buildings, or portions thereof, erected prior to January 1, 1977, shall be permitted subject to Sections 15-11 (Bulk Regulations), 15-12 (Open Space Equivalent) and 15-30 (MINOR MODIFICATIONS), paragraph (b).

Uses in buildings erected prior to January 1, 1977, containing both residential and non-residential uses shall not be subject to the provisions of Section 32-42 (Location Within Buildings).

Within the Special Downtown Jamaica District, the off-street parking and loading regulations shall be modified, as follows:

(a)        Commercial and manufacturing uses

In C4, C6 and M1 Districts, the off-street parking and loading regulations of a C4-4 District shall apply, except as modified in this Section.

(1)        For any use that is not allowed in a C4 District, the underlying off-street parking requirements of the applicable C6-2, C6-3, C6-4 or M1-4 District shall apply.

(2)        In C4, C6 and M1 Districts, the provisions of Sections 36-12 and 44-12 (Maximum Size of Accessory Group Parking Facilities) shall be modified to permit an accessory group parking facility to contain up to 300 off-street parking spaces. Pursuant to the provisions of Sections 36-13 and 46-13 (Modification of Maximum Size of Accessory Group Parking Facilities), the Commissioner of Buildings may permit such group parking facility to contain up to 150 additional spaces.

(3)        In C4, C6 and M1 Districts, the provisions of Section 36-21 (General Provisions) pertaining to accessory off-street parking spaces for commercial or community facility uses shall be modified as follows: uses in Use Groups 6B (Offices), 10B (Wholesale Establishments) and 11B (Wholesale or Similar Establishments), with parking requirement category B1, shall be required to provide one parking space per 2,000 square feet of floor area.

(4)        Modification of Waiver of Parking Requirements

(i)        In C4, C6 and M1 Districts, the provisions of Sections 36-23 and 44-23 (Waiver of Requirements for Spaces Below Minimum Number) shall only apply to zoning lots existing both on September 10, 2007 and on the date of application for a building permit.

(ii)        In C4, C6 and M1 Districts, for any commercial use permitted in a C4 or C6 District, the waiver provisions for a C4-4 District set forth in Section 36-232 (In districts with very low parking requirements) shall not apply. In lieu thereof, the maximum number of accessory off-street parking spaces for which requirements are waived shall be 15 spaces, pursuant to the waiver provisions for a C4-2 District set forth in Section 36-231 (In districts with high, medium or low parking requirements).

(iii)        The provisions of Sections 36-342 (Reduced requirements in other C1 or C2 Districts or in C4, C5 or C6 Districts) and 36-344 (Waiver of requirements in other C1 or C2 Districts or in C4, C5 or C6 Districts) shall not apply in the Special Downtown Jamaica District.

(b)        Residential uses

(1)        The provisions of Section 25-12 (Maximum Size of Accessory Group Parking Facilities) shall be modified to permit an accessory group parking facility to contain up to 300 off-street parking spaces. Pursuant to the provisions of Section 25-13 (Modification of Maximum Size of Accessory Group Parking Facilities), the Commissioner of Buildings may permit such group parking facility to contain up to 150 additional spaces.

(2)        The required accessory off-street parking space regulations of the underlying districts in the Special Downtown Jamaica District shall be modified as follows: The regulations set forth for an R6A District in Section 25-20 shall apply. The regulations set forth for an R6 District in Sections 25-50 (RESTRICTIONS ON LOCATION OF ACCESSORY OFF-STREET PARKING SPACES), inclusive, and 25-60 (ADDITIONAL REGULATIONS FOR PERMITTED OR REQUIRED ACCESSORY OFF-STREET PARKING SPACES), inclusive, shall apply except as modified in paragraphs (b)(3) and (b)(4) of this Section.

(3)        In all Residence Districts, the provisions of Section 25-26 (Waiver of Requirements for Small Number of Spaces) are modified, as follows:

(i)        The provisions of Section 25-26 shall only apply to zoning lots existing both on September 10, 2007, and on the date of application for a building permit.

(ii)        For all developments or enlargements containing residences, the maximum number of accessory off-street parking spaces for which requirements are waived shall be five spaces.

(4)        The provisions of Section 25-52 (Off-site Spaces for Residences) and 25-521 (Maximum distance from zoning lot) shall be modified to permit the location of permitted or required off-street parking spaces accessory to residences on a zoning lot other than the same zoning lot as the residences to which such spaces are accessory, provided that such zoning lot is no more than 1,500 feet from the nearest boundary of the zoning lot occupied by the residences to which they are accessory.

(5)        The provisions of Section 36-42 (Off-site Spaces for Residences) and 36-421(Maximum distance from zoning lot) shall be modified to permit the location of permitted or required off-street parking spaces accessory to residences on a zoning lot other than the same zoning lot as the residences to which such spaces are accessory, provided that such zoning lot is no more than 1,500 feet from the nearest boundary of the zoning lot occupied by the residences to which they are accessory.

Map 2 (Ground Floor Use and Transparency and Curb Cut Restrictions) in Appendix A of this Chapter specifies locations where curb cuts shall be prohibited within the Special Downtown Jamaica District.

However, where permitted or required accessory off-street parking and loading requirements apply in a location where such curb cuts are prohibited, a curb cut may be allowed, provided that the City Planning Commission certifies to the Commissioner of Buildings that such zoning lot has access only to such prohibited location and that such curb cut shall be no greater than 20 feet in width.

An application to the City Planning Commission for certification respecting such curb cut shall be accompanied by a site plan drawn to a scale of at least one sixteenth inch to a foot, showing the size and location of the proposed curb cut.

The waiver provisions of Article III, Chapter 6 (Accessory Off-street Parking and Loading Regulations), shall not apply to the special location of access requirements of this Section.

For any zoning lot within the Special Downtown Jamaica District, the City Planning Commission may permit modification of the use or bulk regulations, except floor area ratio provisions, provided the Commission shall find that such:

(a)        use or bulk modification will aid in achieving the general purposes and intent of the Special District;

(b)        use modification will encourage a lively pedestrian environment along the street or mandatory sidewalk widening, or is necessary for, and the only practicable way to achieve, the programmatic requirements of the development;

(c)        bulk modifications will enhance the distribution of bulk on the zoning lot;

(d)        bulk modifications will permit adequate access of light and air to surrounding streets and properties; and

(e)        use or bulk modification will relate harmoniously to the character of the surrounding area.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

(9/10/07)

Map 1 — Special Downtown Jamaica District

(4/9/13)

Map 2 — Ground Floor Use and Transparency and Curb Cut Restrictions

(4/9/13)

Map 3 — Street Wall Location

(4/9/13)

Map 4 — Street Wall Height

(9/10/07)

Map 5 — Maximum Building Height

(4/9/13)

Map 6 — Sidewalk Widening

The "Special Stapleton Waterfront District" established in this Resolution is designed to promote and protect public health, safety and general welfare. These general goals include among others, the following specific purposes:

(a)        encourage design of development that is in character with the neighborhood and surrounding community;

(b)        maintain and reestablish physical and visual public access to and along the waterfront;

(c)        strengthen the traditional town center of Stapleton by allowing the development of residential and commercial uses;

(d)        encourage the creation of a lively and attractive environment that will provide daily amenities and services for the use and enjoyment of the working population and the new residents;

(e)        take maximum advantage of the beauty of the New York Harbor waterfront, thereby best serving the business community, the residential population and providing regional recreation; and

(f)        promote the most desirable use of land and thus conserve and enhance the value of land and buildings, and thereby protect City tax revenues.

For the purposes of this Chapter, matter in italics is defined in Section 12-10 (DEFINITIONS) or in this Section.

Esplanade

The "Esplanade" is a park extending along portions of the waterfront edges of the Special Stapleton Waterfront District. The Esplanade is shown in the District Plan, Map 1 (Special Stapleton Waterfront District, Subareas and Public Spaces), in Appendix A of this Chapter.

Mandatory front building wall

A "mandatory front building wall" is the front wall of a building that generally coincides with a mandatory front building wall line, as provided in Section 116-232 (Street wall location).

Mandatory front building wall line

"Mandatory front building wall lines" are imaginary lines extending through Subarea B of the Special Stapleton Waterfront District which are shown on Map 3 (Mandatory Front Building Wall Lines) in Appendix A of this Chapter, and with which building walls must generally coincide, as provided in Section 116-232.

Pier Place, the Cove

"Pier Place" and the "Cove" are designated open spaces accessible to the public, located within the Special Stapleton Waterfront District as shown in the District Plan, Map 1, in Appendix A of this Chapter.

Shore public walkway

A "shore public walkway" is a linear public access area along the shore or water edges of a platform on a waterfront zoning lot.

Upland connection

An "upland connection" is a pedestrian way which provides a public access route from the Esplanade or a shore public walkway to a public sidewalk within a public street. Required upland connections are shown in the District Plan, Map 5 (Upland Connections and Visual Corridors), in Appendix A of this Chapter.

Visual corridor

A "visual corridor" is a public street or tract of land within a block that provides a direct and unobstructed view to the water from a vantage point within a public street. Required visual corridors are shown in the District Plan, Map 5 and Map 6 (Location of Visual Corridor in Subarea E) in Appendix A of this Chapter.

In harmony with the general purposes and content of this Resolution and the general purposes of the Special Stapleton Waterfront District, the provisions of this Chapter shall apply to all developments, enlargements and changes of use within the Special Stapleton Waterfront 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,except in Subarea E of this Chapter.

Within the Special Stapleton Waterfront District, the regulations of the underlying R6, C2-2, C4-2A and M2-1 Districts shall apply, as modified in this Chapter.

The District Plan for the Special Stapleton Waterfront District identifies specific areas comprising the Special District in which special zoning regulations are established in order to carry out the general purposes of the Special Stapleton Waterfront District.

These areas shall include Subareas A, B1, B2, B3, B4, B5, C, D and E, the Esplanade and two designated public open spaces: Pier Place and the Cove.In addition, Subareas B and E shall include upland connections and Subarea E shall include a shore public walkway.

The District Plan includes the following maps in Appendix A of this Chapter.

Map 1 Special Stapleton Waterfront District, Subareas and Public Spaces

Map 2 Ground Floor Use and Frontage Requirements

Map 3 Mandatory Front Building Wall Lines

Map 4 Restricted Curb Cut and Off-Street Loading Locations

Map 5 Upland Connections and Visual Corridors

Map 6 Location of Visual Corridor in Subarea E

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 shall apply.

In order to carry out the purposes and provisions of this Chapter, the following subareas are established within the Special Stapleton Waterfront District: Subarea A, Subarea B, comprised of Subareas B1, B2, B3, B4 and B5, Subareas C, D and E, the Esplanade, Pier Place and the Cove.In each of these subareas, special regulations apply that may not apply in other subareas.

In Subareas A, B and C, the Esplanade, Pier Place and the Cove, the provisions of Article VI, Chapter 2 (Special Regulations Applying in the Waterfront Area), shall not apply. In lieu thereof, the special use, bulk, accessory off-street parking, public access and urban design regulations of Sections 116-10 through 116-50 shall apply.

In Subarea D, the provisions of Article VI, Chapter 2 shall apply pursuant to the underlying M2-1 District regulations.

In Subarea E, the underlying provisions of Article VI, Chapter 2 shall apply, except as modified in Section 116-60 (SPECIAL REGULATIONS IN SUBAREA E), inclusive. In addition, the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Hazard Areas), shall not apply. In lieu thereof, the provisions of Section 116-623 (Height and setback regulations), shall apply.

Lower density growth management area regulations shall not apply in the Special Stapleton Waterfront District.

In Subareas A, B and C, the Esplanade, Pier Place and the Cove, the following special use regulations shall apply. The use regulations of the underlying C4-2A District shall be modified by Sections 116-101 through 116-13, inclusive.

The uses listed in Section 32-21 (Use Group 12) shall not be permitted in Subarea C.

The uses listed in Section 32-23 (Use Group 14) shall be permitted in Subareas A, B and C, the Esplanade, Pier Place and the Cove; boat storage, repair or painting, however, shall be allowed without restriction relating to boat length.

Physical culture or health establishments shall be permitted in Subarea B2. The special permit provisions of Section 73-36 shall not apply.

The provisions of Section 32-41 (Enclosure within Buildings) shall be modified as follows: In Subarea B3, a farmers' market may be unenclosed.

The provisions of Section 32-423 (Limitation on ground floor location) shall be modified as follows: In Subareas B1 and B2, the uses listed in Section 32-18 (Use Group 9) may be located on the ground floor and within 50 feet of any street wall of the building and with show windows facing on the street.

The sign regulations of the underlying C4-2 District in Section 32-60 (Sign Regulations) shall be modified as follows: flashing signs shall not be permitted in Subareas A, B and C, the Esplanade, Pier Place and the Cove.

The provisions of Section 32-433 (Ground floor use in C1, C2 and C4 Districts in the Borough of Staten Island) shall not apply in Subareas A, B and C. However, on designated streets and mandatory front building wall lines in Subareas B3 and C, as shown on Map 2 in Appendix A of this Chapter, the special ground floor use and frontage regulations of this Section shall apply to any building developed or enlarged after October 25, 2006.

Uses located on the ground floor level or within two feet of the as-built level of the adjoining sidewalk shall be exclusively limited to the permitted non-residential uses as modified by the special use provisions of this Chapter. Such ground floor uses shall extend along the entire width of the building, except for lobbies or entrances to accessory parking spaces and shall have a depth provided in accordance with Section 37-32 (Ground Floor Depth Requirements for Certain Uses).

In no event shall lobbies and entrances to accessory parking spaces occupy more than 50 percent of the building's total frontage along such street or mandatory front building wall line, or 35 feet, whichever is less. However, the total length of such frontage occupied by such lobbies and entrances need not be less than 25 feet.

In Subareas A, B and C, the transparency requirements of Section 37-34 (Minimum Transparency Requirements) shall apply to any development or an enlargement where the enlarged portion of the ground floor of the building is within eight feet of the street line and where non-residential uses are located on the ground floor level or within two feet of the as-built level of the adjoining sidewalk.

The special bulk regulations of Section 116-20, inclusive, shall apply to Subareas A, B and C, the Esplanade, Pier Place and the Cove.

The provisions of Sections 34-112 and 35-23 (Residential Bulk Regulations in other C1 or C2 Districts or in C3, C4, C5 orC6 Districts) are modified as follows:

The applicable bulk regulations for residential uses in C4-2A Districts shall be those for R6B Districts.

The maximum floor area ratio for all uses shall be 2.0.

However, for zoning lots in Subareas A and B1, up to a total of 100,000 square feet of floor space, within a public school, constructed in whole or in part pursuant to an agreement with the New York City School Construction Authority and subject to the jurisdiction of the Department of Education, shall be exempt from the definition of floor area. Zoning lots within Subarea A and B1 that are contiguous or would be contiguous but for their separation by a street, may be considered one zoning lot for the purpose of applying these special floor area regulations.

For buildings containing residences, the area in such buildings occupied by non-residential uses on the ground floor, or within two feet of theas-built level of the adjoining sidewalk, shall be excluded from the calculation of permitted floor area in the building. However, the area occupied by non-residential uses on the ground floor shall be included as floor area for other purposes including calculating:

(a)        requirements for accessory off-street parking spaces;

(b)        accessory off-street loading berths; and

(c)        limitations on floor area occupied by certain uses.

In flood zones, the floor area exclusion permitted by this Section shall also apply to the area occupied by non-residential uses on the lowest occupiable floor, as defined in Section 64-11.  

The special height and setback regulations set forth in this Section shall apply.

The provisions of Section 33-42 (Permitted Obstructions) shall apply to all buildings or other structures in Subareas A, B and C, except that dormers may penetrate a maximum base height in accordance with the provisions of paragraph (c)(1) of Section 23-621 (Permitted obstructions in certain districts).

Within the Special Stapleton Waterfront District, the street wall location regulations shall be modified as follows:

(a)        Subareas A and B1

In Subareas A and B1, the underlying street wall location regulations shall apply, except that the provisions of paragraph (a)(1) of Section 35-651 (Street wall location) shall be modified to require that at least 70 percent of the aggregate width of street wall be located within 15 feet of the street line and extend to the minimum base heights specified in Section 116-233 (Height and setback), or the height of the building, whichever is less.

(b)        Subareas B2 through B5 and C

In Subareas B2 through B5 and C, the underlying street wall location regulations of a C4-2A District or an R6B District, as applicable, shall be modified as set forth in this Section. Map 3 (Mandatory Front Building Wall Lines) in Appendix A of this Chapter, specifies locations in Subareas B2 through B5 and C where mandatory front building wall requirements apply as follows:

(1)        Type 1: Front building walls shall be coincident with and extend along the entire length of the mandatory front building wall line, except, to allow articulation at the intersection of two such lines, the front building wall may be located anywhere within 15 feet of their point of intersection.

(2)        Type 2: Front building walls shall be located within eight feet of and extend along at least 70 percent of the length of the mandatory front building wall line. For phased development, this requirement may be satisfied by more than one building, provided that upon completion 70 percent of the length of the mandatory front building wall line is occupied by such front building walls.

(3)        Wherever Map 3 does not indicate a mandatory front building wall line, the underlying street wall location rules shall apply.

If more than one building is developed in Subareas B2, B3 or B4, the first building shall be located along a Type 1 mandatory front building wall line. Subsequent buildings shall locate along a Type 2 mandatory front building wall line until 70 percent of the length of the mandatory front building wall line is occupied.

All mandatory front building walls shall rise without setback to the minimum base height specified in Section 116-233, or the height of the building, whichever is less. Recesses shall be permitted on the ground floor where required to provide access to the building. Above the ground floor, up to 30 percent of the aggregate width of the front building wall may be recessed.

Within the Special Stapleton Waterfront District, the underlying height and setback regulations shall be modified as follows:

(a)        Subareas A and B1

(1)        Base heights and maximum building heights

The table below sets forth the minimum and maximum base height, the maximum transition height, the maximum height of a building or other structure, and the maximum number of stories for buildings in Subareas A and B1. The maximum building height set forth in the table shall only be permitted in locations where the maximum street wall width of a building above the transition height, or, where applicable, the maximum base height, does not exceed 100 feet. At least 60 feet of separation shall exist between any portions of buildings located above such maximum transition height, or maximum base height, as applicable.

A setback is required for all portions of buildings or other structures that exceed the maximum base height specified for the Subarea, and shall be provided in accordance with paragraph (a)(2) of this Section.

Maximum Base Heights and Maximum Building Heights for Subareas A and B1

Minimum Base Height (in feet)

Maximum Base Height (in feet)

Maximum Transition Height (in feet)

Maximum Height of Buildings or Other Structures in Certain Locations (in feet)

Maximum Number of Stories

40

65

85

125

12

(2)        Required setbacks

At a height not lower than the minimum base height, or higher than the maximum base height specified for the Subarea in the table in paragraph (a)(1) of this Section, a setback with a depth of at least 10 feet shall be provided from the front building wall.

In addition, the underlying provisions of paragraphs (c)(2) through (c)(4) of Section 23-662 (Maximum height of buildings and setback regulations) shall apply to such setbacks.

(3)        Dormer provisions

The underlying dormer provisions of paragraph (c) of Section 23-621 (Permitted obstructions in certain districts) shall apply, except that no dormer shall be permitted above a height of 85 feet, or above the maximum height of the building or other structure permitted in paragraph (a) of this Section, whichever is lower.

(b)        Subarea B2

Within Subarea B2, the maximum height of a building or other structure shall not exceed 60 feet.

(c)        Subareas B3 through B5 and Subarea C

In Subareas B3 through B5 and Subarea C the minimum base height shall be 35 feet and the maximum base height shall be 40 feet. At a height not lower than the minimum base height or higher than the maximum base height, a setback with a depth of at least 10 feet shall be provided, as measured from the front building wall.

The maximum height of a building or other structure shall not exceed 50 feet. However, where the ground floor level of a building provides a qualifying ground floor in accordance with the supplemental provisions set forth in paragraph (b)(2) of Section 35-652 (Maximum height of buildings and setback regulations), the maximum height of a building or other structure may be increased to 55 feet.

In Subareas A, B and C, the parking and loading regulations of the underlying C4-2A District shall apply, except as modified in this Section.

The following uses listed in Section 32-23 (Use Group 14) shall be subject to the parking requirements applicable to a C4-2 District pursuant to Section 62-43 (Parking Requirements for Commercial Docking Facilities):

Boat rentals, open or enclosed [PRC—H]

Docks for ferries, other than gambling vessels, limited to an aggregate operational passenger load, per zoning lot, of 150 passengers per half hour [PRC-H]

Docks for sightseeing, excursion or sport fishing vessels, other than gambling vessels

Docks or mooring facilities for non-commercial pleasure boats [PRC-H].

The provisions of Section 36-362 (In other C1 or C2 Districts or in C4, C5 or C6 Districts) shall not apply.

All other waivers of parking requirements shall only apply to zoning lots existing both on October 25, 2006, and on the date of application for a building permit.

For all zoning lots with frontage on Front Street, no accessory off-street parking spaces shall be located in any open area that is between the street wall of the building and the Front Street street line, except that such spaces may be located between the street wall of the building and the Front Street street line in Subarea B5.

Curb cuts are prohibited in the locations shown on Map 4 (Restricted Curb Cut and Off-Street Loading Locations) in Appendix A of this Chapter.

In Subarea C, for zoning lots with access only to Front Street, only one curb cut shall be permitted along Front Street.

In Subareas A, B and C, the maximum width of curb cuts shall not exceed 25 feet, including splays.

The provisions of this Section shall apply to any new or enlarged open off-street parking facility with ten spaces or more, except where the provisions of Section 37-90 (PARKING LOTS), inclusive, apply.

(a)        Screening

Such off-street parking facilities shall be screened, in accordance with the provisions of this Section, from all adjoining zoning lots, including such zoning lots situated across a street, and from any designated open space accessible to the public situated on the same zoning lot, including the Esplanade.

Such screening shall consist of a strip at least four feet wide, densely planted with evergreen shrubs at least four feet high at the time of planting and which are of a type which may be expected to form a year—round dense screen at least six feet high within three years.

Accessory parking spaces that front upon a street shall be screened by a strip at least four feet wide and densely planted with evergreen shrubs to be maintained at all times at a height not less than two and one-half feet and not more than four feet.

In addition, a wall or barrier or uniformly-painted fence of fire-resistant material at least four feet high but not more than eight feet above finished grade may be provided. Such wall, barrier or fence must be 100 percent opaque up to a height of four feet above the finished grade of the parking facility and not more than 35 percent opaque above four feet. No chain link fences shall be permitted. All permitted fences shall be located behind landscaped areas when viewed from the street.

Such screening shall be maintained in good condition at all times, may be interrupted by normal entrances or exits, and shall have no signs hung or attached thereto other than those permitted in Sections 32-60, inclusive, or 62-654.

(b)        Tree planting requirements

Trees, pre-existing or newly-planted, shall be provided at the rate of one tree for every eight open parking spaces within the off-street parking facility and may be located on the perimeter of the parking facility or in planting islands within the parking area. For parking facilities with more than 25 open parking spaces, at least 30 percent of trees provided to meet this requirement shall be located in planting islands within the parking area. Trees shall be planted in accordance with the requirements of the Department of Parks and Recreation.

In the locations shown on Map 5 (Upland Connections and Visual Corridors) in Appendix A of this Chapter, upland connections shall be provided. An upland connection traversing a zoning lot in Subareas A, B and C shall consist of a single circulation path bordered continuously along both sides by buffer zones.

(a)        Required dimensions

The minimum width of the upland connection shall be 30 feet. When an upland connection, or a portion thereof, abuts a private driveway, no buffer zone is required.

(b)        Buffer zone

The buffer zone is a landscaped area running along the edge of the upland connection that bounds the boundary of the non-public portions of the zoning lot; each buffer zone shall have a minimum width of seven feet. The buffer zone shall be improved entirely as planting area, except at locations:  

(1)        occupied by permitted obstructions; or

(2)        where there is ground floor commercial use frontage on the upland connection, in which case that portion of the buffer zone may be paved.

(c)        Permitted obstructions

The provisions of Section 62-611 (Permitted obstructions) shall apply to upland connections within Subarea B, the Esplanade, Pier Place and the Cove. The permitted obstructions listed in paragraph (b)(2) of Section 62-611 are further subject to the tree and planting requirements of Section 62-655. Water-Dependent (WD) uses referenced in paragraph (a)(6) of Section 62-611 shall be as listed in Section 62-211.

Visual corridors shall be provided in the locations shown on Map 5 in Appendix A of this Chapter. Such visual corridors shall be subject to the requirements of Section 116-512 (Design requirements for visual corridors).

The special urban design requirements of Section 116-50, inclusive, shall apply to all developments and enlargements within Subareas A, B and C, the Esplanade, Pier Place and the Cove.

(a)        Circulation and access

(1)        Where an upland connection abuts a private driveway, a circulation path with a minimum clear width of six feet shall be provided along both sides of the driveway. The remaining area shall be planted pursuant to the provisions of paragraph (c) of this Section.

(2)        All other upland connections through zoning lots shall have a circulation path with a minimum clear width of 16 feet.

(b)        Seating

A minimum of 12 linear feet of seating shall be provided for every 100 linear feet of upland connection.

(c)        Planting

Where an upland connection abuts a private driveway, a single row of shade trees shall be planted adjoining a required circulation path in accordance with the standards of Section 62-655 (Planting and trees). Within all upland connections, any unpaved area shall be planting area.

The requirements of this Section shall apply to all visual corridors within Subarea B, the Esplanade, Pier Place and the Cove. When a visual corridor coincides with an upland connection, the provisions of Section 116-511 (Design requirements for upland connections) shall also apply.

No building or other structure shall be erected within the width of a visual corridor, except as provided in this Section. Visual corridors shall be the width 1f the street but shall not be less than 50 feet wide.

Permitted obstructions within visual corridors shall be limited to:

(a)        boats, ships or other vessels, and floating structures permitted as-of-right by paragraph (a) of Section 62-25 (Uses on Floating Structures);

(b)        any moving or parked vehicles or street furniture, including, but not limited to, benches, seats, kiosks, carts and open display booths, lighting fixtures, flagpoles, trash receptacles, drinking fountains and public telephones;

(c)        guardrails and fences, provided they comply with the design standards of Section 62-651 (Guardrails, gates and other protective barriers), except that fences may be eight feet high;

(d)        sculpture;

(e)        planting areas, provided that no shade trees are planted within a 15 foot wide area along both sides of the center line of the visual corridor; and

(f)        those obstructions permitted in rear yards as listed in Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents), except walls exceeding four feet in height shall not be permitted.

116-52

Waterfront Public Access Signage

The New York City Waterfront Symbol Plaque shall be used to direct the public to waterfront public access areas including the Esplanade and upland connections within Subarea B, Pier Place and the Cove, and to identify the entry points of these areas. Such signage shall be provided in accordance with requirements of Section 62-654.

Refuse shall be stored within a completely enclosed building.

The special use, bulk, visual corridor and waterfront public access area requirements of Section 116-60, inclusive, shall apply to Subarea E.

The use regulations of Article VI, Chapter 2 (Special Regulations Applying in the Waterfront Area) shall apply, modified as follows:

(a)        the provisions of Section 32-433 (Ground floor use in C1, C2 and C4 Districts in the Borough of Staten Island) shall not apply;

(b)        the provisions of Section 62-29 (Special Use Regulations for R6, R7, R8, R9 and R10 Districts) are modified to allow uses listed in Section 62-212 (Waterfront-Enhancing (WE) uses) to be located anywhere within a building existing prior to July 20, 2017, provided that no commercial floor area is located above a dwelling unit; and

(c)        physical culture or health establishments shall be permitted as-of-right. The special permit provisions of Section 73-36 shall not apply.

The bulk regulations of Article VI, Chapter 2 (Special Regulations Applying in the Waterfront Area) shall apply, except as modified in Section 116-62, inclusive.

Subarea E of the Special Stapleton Waterfront District shall be a Mandatory Inclusionary Housing area for the purpose of applying the Inclusionary Housing Program provisions of Section 23-90 (INCLUSIONARY HOUSING), inclusive.

The floor area regulations of Article VI, Chapter 2, shall not apply. In lieu thereof, the floor area regulations of Section 23-154 (Inclusionary Housing), as applicable to Mandatory Inclusionary Housing areas, shall apply, except in R6 Districts:

(a)        for zoning lots, or portions thereof, within 100 feet of a wide street, the maximum floor area ratio shall be 3.6; and

(b)        for zoning lots, or portions thereof, beyond 100 feet of a wide street, the maximum floor area ratio shall be 2.42.

The special yard provisions of 62-332 (Rear yards and waterfront yards) shall apply, except the 40 foot minimum depth requirement for a waterfront yard may be reduced by up to five feet, to a minimum depth of 35 feet, along those portions of the landward edge of the stabilized shore, bulkhead or natural shoreline where the depth of the landward portions of the zoning lot is less than 150 feet, as measured perpendicular and landward from such edge.

The provisions of Section 62-341 (Developments on land and platforms) shall apply, except as modified in this Section.

(a)        Initial setback distance

The provisions of paragraph (a)(2) of Section 62-341 shall be modified for buildings located on portions of a zoning lot where the distance between the edge of the stabilized shore and a landward zoning lot line is less than 150 feet. The depth of such initial setback distance from the boundary of a shore public walkway may be reduced to five feet, provided that at least 40 percent of the width of each story required to be set back above the minimum base height is set back no less than 10 feet from the boundary of the shore public walkway.

(b)        Measurement of height

The provisions of paragraph (a)(3) of Section 62-341 shall apply, except for the purpose of this Section, base plane shall refer to an elevation of 16.8 feet above Richmond Datum.

(c)        Permitted obstructions

The provisions of paragraphs (a)(4)(i) and (ii) of Section 62-341 shall not apply. Dormers and penthouse portions of a building shall not be considered permitted obstructions above a maximum base height.

(d)        Maximum base height

The maximum base height provisions of paragraph (c)(1) of Section 62-341 shall apply, except a building or other structure, or a portion thereof, located within an initial setback distance, shall rise to a height of at least 25 feet or two stories, whichever is less, and may not exceed a maximum base height of 55 feet or five stories, whichever is less.

(e)        Maximum building height and tower size

The maximum residential tower size provisions of paragraph (c)(4) of Section 62-341 shall not apply. For the purposes of this paragraph (e), any portion of a building that exceeds a height of 55 feet or five stories, whichever is less, shall be considered a tower. Buildings with tower portions fronting on Edgewater Street shall not exceed a height of 120 feet above the base plane or 12 stories, whichever is less. The height of any other building with tower portions shall not exceed a height of 110 feet above the base plane, or 11 stories, whichever is less. Each story within a tower portion of a building shall not exceed a gross area of 10,000 square feet up to a height of 90 feet or nine stories, whichever is less, and each story above a height of 90 feet or nine stories, whichever is less, shall not exceed a gross area of 8,100 square feet. All stories within the tower portions of buildings shall be bounded on all sides by open areas on the zoning lot. For zoning lots with three or more buildings, no more than two buildings shall contain towers.

(f)        Floor area distribution

The provisions of paragraph (c)(3) of Section 62-341 shall not apply.

(g)        Street wall articulation facing shore public walkways

The provisions of paragraph (c)(5) of Section 62-341 shall apply. In addition, for portions of buildings fronting on a shore public walkway with an aggregate width of street wall greater than 200 feet, such street walls shall provide a recess at least five feet deep and 55 feet wide, unobstructed from the lowest level of the building to the sky. In no event shall a street wall extend along a shore public walkway for a distance greater than 130 feet without providing such a recess. Furthermore, above the height of the second story, such street walls shall provide at least one additional recess with a minimum depth of five feet and a minimum width or, where applicable, an aggregate width, of at least 40 feet.

(h)        Streetscape provisions

The streetscape provisions of paragraph (c)(6) of Section 62-341 shall not apply. In lieu thereof, the following provisions shall apply:

(1)        Lobbies

A residential lobby, extending along at least 30 percent of the aggregate width of street walls shall be provided, but need not be wider than 35 feet. Transparent glazing materials shall occupy at least 40 percent of the surface area of the street wall of the lobby, measured between a height of two and 10 feet above the level of the adjoining grade.

A lobby to a commercial or community facility use shall have a minimum width of 20 feet. Transparent glazing materials shall occupy at least 50 percent of the surface area of the street wall of the lobby, measured between a height of two feet above the level of the adjoining grade and a height 12 feet above the level of the first finished floor.

In the event of a conflict between the provisions of this paragraph (h)(1) and the construction standards of the Federal government or Appendix G of the New York City Building Code, the requirements of this paragraph shall not apply.

(2)        Parking garage wall treatment

For any level within a building where accessory off-street parking is provided, such parking shall be screened from the street line or waterfront public access area with a street wall that is at least 50 percent opaque. Each one-foot square portion of such street wall shall comply individually with this requirement. Such required wall treatment may be interrupted by vehicular or pedestrian entrances. In addition to the wall treatment, the screening requirements of Section 62-655 (Planting and trees) shall apply.

For buildings with street walls that are more than 50 feet in width and located within 50 feet of a waterfront public access area or street, at least 70 percent of the width of such street walls shall contain floor area at the first story located completely above the base plane.

The provisions of Section 62-51 (Applicability of Visual Corridor Requirements) shall apply, except as modified in this Section. The minimum width of the required visual corridor shall be 60 feet. The location of such visual corridor shall be as shown on Maps 5 and 6 in Appendix A of this Chapter. Such visual corridor shall be located such that the northern boundary of the visual corridor shall intersect with the easterly street line of Edgewater Street at a point 22 feet south of the following intersection: the easterly prolongation of the northerly street line of Lynhurst Avenue and the easterly street line of Edgewater Street. Such visual corridor shall extend to the pierhead line at an angle of 89.35 degrees, as measured between the northern boundary of such visual corridor and the portion of the easterly street line of Edgewater Street north of such visual corridor.

The provisions of Section 62-52 (Applicability of Waterfront Public Access Area Requirements) shall apply, except that no supplemental public access area, as set forth in Section 62-57 (Requirements for Supplemental Public Access Areas), shall be required. However, a shore public walkway and an upland connection must be provided as modified in this Section and shown on Maps 1, 5 and 6 in Appendix A of this Chapter.

(a)        Shore public walkway

The provisions of paragraph (a)(3) of Section 62-53 (Requirements for Shore Public Walkways) shall apply, except that the minimum width of a shore public walkway on shallow portions of a zoning lot set forth on such Section shall be modified to be no less than 35 feet.

If there is an existing building or other structure to remain on the zoning lot, the entire area between such existing building and the shoreline shall be entirely occupied by the shore public walkway, with a required circulation path of at least eight feet.

(b)        Upland connections

The requirement for a "transition area" within a Type 2 upland connection in paragraph (b)(2) of Section 62-561 (Types of upland connections) shall not apply. In addition, the minimum width requirement of 10 feet for the upland connection abutting such turnaround shall be modified to five feet, provided that the entire area of the vehicular turnaround is paved with the same paving material as the upland connection.

For the purposes of applying for an authorization for phased development of a waterfront public access area in paragraph (c)(1) of Section 62-822 (Modification of waterfront public access area and visual corridor requirements), the lot area shall be the portion of the zoning lot above water.

Map 1. Special Stapleton Waterfront District, Subareas and Public Spaces

Map 2. Ground Floor Use and Frontage Requirements

Map 3. Mandatory Front Building Wall Lines

Map 4. Restricted Curb Cut and Off-Street Loading Locations

Map 5. Upland Connections and Visual Corridors

Map 6. Location of Visual Corridor in Subarea E

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.

Sections 117-10 through 117-30, inclusive, shall apply to the Hunters Point Subdistrict.

Sections 117-40 through 117-45, inclusive, shall apply to the Court Square Subdistrict.

Sections 117-50 through 117-57, inclusive, shall apply to the Queens Plaza Subdistrict.

Sections 117-60 through 117-64, inclusive, shall apply to the Dutch Kills Subdistrict.

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 the Special Long Island City Mixed Use District, the special regulations of Sections 117-10 through 117-30, inclusive, shall apply within the Hunters Point Subdistrict and, where noted in Sections 117-40 through 117-45, inclusive, shall also apply within the Court Square Subdistrict.

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

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.

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.

(b)        Procedure

(1)        Pre-application

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.

In Areas A-1, A-2, B and C of the Queens Plaza Subdistrict of the Special Long Island City Mixed Use District, an M1 District is paired with a Residence District, as indicated on Map 1 in Appendix C of this Chapter. For the purposes of this Chapter, such Residence and M1 Districts are referred to as the "designated districts."

For the purposes of this Chapter, in the Queens Plaza Subdistrict, the area referred to as the "Sunnyside Yard" shall include: Yard A, the Arch Street Yard and the Sunnyside Yard, which are located generally between Crane Street, Jackson Avenue, 21st Street, 49th Avenue, Skillman Avenue, 43rd Street and the North Railroad property line.

The Queens Plaza Subdistrict Plan partly consists of the following three maps located within Appendix C of this Chapter:

Map 1 (Designated Districts within the Queens Plaza Subdistrict) of the Queens Plaza Subdistrict Plan identifies special areas comprising the Queens Plaza Subdistrict in which an M1 District is paired with a Residence District as indicated on the Subdistrict Map. These areas are as follows:

Area

Designated Districts

A-1 A-2

M1-6/R10

B

M1-5/R9

C

M1-5/R7-3

Map 2 (Ground Floor Use and Frontage) of the Queens Plaza Subdistrict Plan specifies locations where the special ground floor use and frontage regulations, as set forth in Section 117-512, apply.

Map 3 (Sidewalk Widening and Street Wall Location) of the Queens Plaza Subdistrict Plan specifies the locations where special street wall and mandatory sidewalk widening regulations, as set forth in Section 117-531, apply.

Definitions specifically applicable to the Queens Plaza Subdistrict of the Special Long Island City Mixed Use District are set forth in this Section. Other defined terms are set forth in Section 117-01 (Definitions) of the Special Long Island City Mixed Use District and Section 12-10 (DEFINITIONS).

Accessory use

In addition to those accessory uses listed in Section 12-10, for the purposes of this Section, an accessory use shall also include a dwelling unit in connection with any commercial, manufacturing or community facility establishment permitted in the Queens Plaza Subdistrict of the Special Long Island City Mixed Use District, pursuant to Section 117-51 (Queens Plaza Subdistrict Special Use Regulations), provided that no more than one such unit shall be permitted in connection with any establishment, and provided further that each such unit shall not exceed a gross area of 1,200 square feet or contain more than one kitchen.

Home occupation

Within the Queens Plaza Subdistrict, the home occupation provisions of Section 12-10 shall apply, except that:

(a)        up to 49 percent of the total floor area of a dwelling unit may be used for a home occupation;

(b)        such home occupation may occupy more than 500 square feet of floor area; and

(c)        businesses operated as home occupations may have up to three employees not residing in the dwelling unit.

The special use provisions of Sections 123-20 through 123-50, inclusive, of the Special Mixed Use District shall apply in the Queens Plaza 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.

The following uses as listed in Section 42-30 (USES PERMITTED BY SPECIAL PERMIT) shall be permitted as-of-right in the Queens Plaza Subdistrict with no limitation on floor area per establishment:

Carpet, rug, linoleum or other floor covering stores;

Clothing or clothing accessory stores;

Department stores;

Dry goods or fabric stores;

Food stores;

Furniture stores;

Television, radio, phonograph or household appliance stores;

Variety stores.

On designated streets in the Queens Plaza Subdistrict, as shown on Map 2 in Appendix C of this Chapter, the special ground floor use and frontage regulations of this Section shall apply to any building or other structure fronting on such streets.

Uses within stories on the ground floor or with a floor level within five feet of curb level shall be limited exclusively to permitted commercial, manufacturing or community facility uses as modified by the special use provisions of Sections 117-51 and 117-511, except for lobby space or entrance space.

In no event shall the length of street frontage occupied by lobby space, entrance space and/or a building entrance recess exceed in total 50 percent of the building's total street frontage or 30 feet, whichever is less. However, the total length of street frontage occupied by lobby space and/or entrance space need not be less than 25 feet.

Within the Queens Plaza Subdistrict, the transparency requirements of Section 37-34 (Minimum Transparency Requirements) shall apply to all developments and to enlargements where the enlarged portion of the ground floor of the building is within eight feet of the street line. However, the provisions establishing the maximum width of ground floor level street wall without transparency shall not apply. In lieu thereof, any portion of such building wall that is 50 feet or more in length and contains no transparent element between curb level and 14 feet above curb level or the ceiling of the ground floor, whichever is higher, or to its full height if such wall is less than 14 feet in height, shall be covered with vines or similar planting or contain artwork or be treated so as to provide visual relief. Plantings shall be planted in soil having a depth of not less than 2 feet, 6 inches, and a minimum width of 24 inches.

The transparency requirements of this Section shall not apply to any building where the ground floor is occupied by uses listed in Use Groups 16 or 17.

Within the Queens Plaza Subdistrict, the sign regulations of Section 123-40 shall apply, except that such sign regulations may be modified to permit a non-flashing sign on the rooftop of a non-residential building, provided that such sign directs attention to a business conducted within such building, where such business occupies at least 20 percent of the floor area within such building, or a minimum of 50,000 square feet of floor area within such building, whichever is less. In addition, the following rules shall apply:

(a)        such sign shall be located on the rooftop of a building with frontage on Queens Plaza South, Queens Boulevard, Queens Plaza East or Queens Plaza North, and the height of the rooftop on which the sign is affixed shall be at least 70 feet but not more than 150 feet above curb level;

(b)        there shall be no more than one such sign on a zoning lot, and no more than one such sign per establishment on any sign structure;

(c)        such signs shall be affixed to an open frame structure with maximum dimensions that shall not exceed 45 feet in height, as measured from the surface of the roof to its uppermost point, and 150 feet in width, as measured along its widest dimension;  

(d)         all writing, pictorial representations, emblems, flags, symbols or any other figure or character comprising the design of such sign shall be separate elements, individually cut and separately affixed to the open frame structure. No perimeter or background surfaces shall be applied or affixed to the open frame structure in addition to such separate elements. No portion of such separate elements shall extend beyond the maximum dimensions allowed for an open frame structure. The area of such separate elements of a rooftop sign shall not count towards the maximum surface area of a sign permitted in Section 32-644 (Illuminated or flashing signs in C4, C5-4, C6 or C7 Districts); and

(e)        any illumination from a rooftop sign located within 100 feet of any building containing residences, where such residences legally existed at the time of the application for a permit for such sign, shall not project into or reflect onto any residential portion of such building.

All buildings and other structures within the Queens Plaza Subdistrict shall comply with the bulk regulations of this Section. The regulations of the designated Residence and M1 Districts shall apply as set forth below.

In Areas A-1, A-2, B and C of the Queens Plaza Subdistrict, the bulk regulations set forth in Article II, Chapter 3, shall apply to all residential uses in a building or other structure in accordance with the regulations of the designated Residence District, and the bulk regulations set forth in Article IV, Chapter 3, shall apply to all manufacturing, community facility and commercial uses in a building or other structure in accordance with the regulations of the designated M1 District, except as modified in the special bulk regulations of Sections 117-522 through 117-533, inclusive.

When two or more buildings on a single zoning lot are used in any combination for uses which, if located in a single building, would make it a mixed use building, the regulations set forth in this Section shall apply as if such buildings were a single mixed use building.

The maximum floor area ratio permitted for commercial, community facility, manufacturing and residential uses in accordance with the applicable designated district shall not apply. In lieu thereof, the maximum floor area ratio permitted for commercial, community facility, manufacturing or residential uses, separately or in combination, is specified in the following table:

MAXIMUM FLOOR AREA RATIO FOR ALL USES IN THE QUEENS PLAZA SUBDISTRICT

Area

Maximum Floor Area Ratio

A-1 A-2

12.0

B

8.0

C

5.0

(a)        Lot coverage requirements for residential buildings

In the Queens Plaza Subdistrict, where the designated Residence District is an R7 or R9 District, the provisions of Section 23-151 (Basic regulations for R6 through R9 Districts), regulating minimum required open space ratios, and maximum floor area ratios, shall not apply. In lieu thereof, all residential buildings, regardless of whether they are required to be Quality Housing buildings, shall comply with the lot coverage requirements set forth for the designated district in Section 23-153 (For Quality Housing buildings).

Where the designated district is an R7-3 District, the maximum lot coverage shall be 70 percent on an interior or through lot and 100 percent on a corner lot.

(b)        Lot coverage and open space ratio requirements for mixed use buildings

Lot coverage and open space ratio requirements shall not apply to any portion of a mixed use building in the Queens Plaza Subdistrict.

Any floor area bonus for a public plaza or arcade permitted under the regulations of the designated Residence or M1 District shall not apply in the Queens Plaza Subdistrict.

The yard regulations of the underlying districts shall apply, except as specified in this Section.

(a)        Mixed use buildings

For a residential portion of a mixed use building, the required rear yard shall be provided at the floor level of the lowest story containing dwelling units or rooming units, where any window of such dwelling units or rooming units faces onto such rear yard.

(b)        Manufacturing or commercial buildings

The rear yard provisions of the designated M1 District shall apply, except that such rear yard provisions shall not apply to manufacturing or commercial buildings on through lots.

(c)        Zoning lots adjacent to the Sunnyside Yard

On a zoning lot sharing a lot line with the Sunnyside Yard, no yards are required for any building within a distance of 100 feet from the shared lot line.

(d)        For zoning lots occupying an entire block

No rear yard or rear yard equivalent shall be required for a zoning lot occupying an entire block.

The height and setback regulations of the designated Residence and M1 Districts shall not apply, except for permitted obstructions pursuant to Sections 23-62 or 43-42, as applicable. In lieu thereof, all buildings or other structures shall comply with the regulations set forth in Sections 117-531 (Street wall location) and 117-532 (Setback regulations for buildings that exceed the maximum base height). Such regulations, however, shall not apply along the street frontage of that portion of a zoning lot occupied by existing buildings, unless the street walls of such existing buildings are vertically extended by more than 15 feet. The height of all buildings or other structures shall be measured from the base plane.

(a)        On a wide street, and on a narrow street within 50 feet of its intersection with a wide street, the street wall of a building shall be located on the street line and extend along the entire width of the street frontage of the zoning lot and rise without setbacks up to at least the applicable minimum base height specified in the table in Section 117-532 (Setback regulations for buildings that exceed the maximum base height), or the height of the building, whichever is less. 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.

(b)        On a narrow street between 50 and 100 feet of its intersection with a wide street, the street wall of a building shall extend along the entire width of the narrow street frontage of the zoning lot and rise without setbacks up to at least the applicable minimum base height specified in the table, or the height of the building, whichever is less.

Beyond 100 feet of the intersection of a wide street, street walls shall extend along at least 70 percent of the width of the narrow street frontage of the zoning lot and rise without setbacks up to at least the applicable minimum base height specified in the table, or the height of the building, whichever is less.

Beyond 50 feet of the intersection of a wide street, all street walls required pursuant to this paragraph (b) shall be located within eight feet of the street line.

(c)        On a wide street above the ground floor level, up to 30 percent of the aggregate width of street walls may be located beyond the street line, in compliance with outer court regulations.

(d)        On a narrow street, recesses are permitted at any level in the street wall of a base for outer courts or balconies. The aggregate length of such recesses shall not exceed 50 percent of the length of the entire street wall at any level. However, not more than 30 percent of the aggregate length of such recesses shall exceed a depth of eight feet.

(e)        In the locations specified on Map 3 (Sidewalk Widening and Street Wall Location) in Appendix C of this Chapter, a building shall comply with the provisions of paragraphs (a) through (d) of this Section, as applicable, except that street walls shall be located as specified on Map 3. The street wall of a building may be set back only in the areas indicated on Map 3 as "Permitted Street Wall Setback Locations," provided that the additional sidewalk widening resulting from such setback is accessible to the public, in accordance with the provisions of Section 117-554, and located adjacent to a public sidewalk or mandatory sidewalk widening.

(f)        For any building fronting on Queens Plaza South in Area A-1 or Area B as shown on Map 1 (Designated Districts within the Queens Plaza Subdistrict) of Appendix C, any street wall along Queens Plaza South shall be set back five feet from the street line, except as otherwise specified on Map 3.

(g)        For any building on a zoning lot located on Jackson Avenue between 42nd Road and Queens Plaza South, the street wall fronting on Jackson Avenue may be set back five feet from the street line only upon certification of the Chairperson of the City Planning Commission to the Department of Buildings that the Jackson Avenue sidewalk adjacent to the zoning lot will be landscaped in accordance with a plan acceptable to the Department of Transportation and the Chairperson. Such plan shall include five planting beds that shall contain a mixture of deciduous and evergreen shrubs, ground covers and flowers. Such planting beds shall be installed and maintained by the owner of the building. The street wall of any subsequent development or enlargement shall be located no closer to nor further from the street line than the street wall of an adjacent existing building.

All portions of buildings or other structures that exceed the maximum base height specified in the table in this Section shall comply with the following provisions:

(a)        At a height not lower than the minimum base height or higher than the maximum base height specified in the table for the applicable area, a setback with a depth of at least 10 feet shall be provided from any street wall fronting on a wide street and a setback with a depth of at least 15 feet shall be provided from any street wall fronting on a narrow street, except such dimensions may include the depth of any permitted recesses in the street wall.

Area

Minimum Base Height

Maximum Base Height

A-1

60

---

A-2

60

150

B

100

150

C*

60

100

______

*        for buildings or other structures on Davis Street located 75 feet or more from Jackson Avenue, the minimum base height shall be 40 feet  

(b)        In Area A-1, no setbacks are required above the applicable minimum base height specified in the table in paragraph (a) of this Section. However, if a setback is provided, it shall comply with the provisions of paragraph (a).

(c)        For any zoning lot located in a Historic District designated by the Landmarks Preservation Commission, the minimum base height of a street wall may vary between the height of the street wall of an adjacent building before setback, if such height is lower than the minimum base height required, up to the minimum base height requirements of this Section.

For any zoning lot within the Queens Plaza Subdistrict of the Special Long Island City Mixed Use District, the City Planning Commission may permit modification of the use or bulk regulations, except floor area ratio requirements, provided the Commission shall find that:

(a)        such use or bulk modification will aid in achieving the general purposes and intent of the Special District;

(b)        such use modification will encourage a lively pedestrian environment along the street or mandatory sidewalk widening, or is necessary for the programmatic requirements of the development;

(c)        such bulk modifications will enhance the distribution of bulk on the zoning lot;

(d)        such bulk modifications will permit adequate access of light and air to surrounding streets and properties; and

(e)        such use or bulk modification will relate harmoniously to the character of the surrounding area.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

(a)        The off-street parking provisions of Article I, Chapter 6, shall apply, except that:

(1)        the prohibition of curb cuts accessing entrances and exits to accessory off-street parking facilities on certain streets, as set forth in paragraphs (b) and (c) of Section 16-23 (Curb Cut Restrictions), shall also apply to Northern Boulevard, Crescent Street and 23rd Street; and

(2)        the provisions of paragraph (c) of Section 16-12 (Permitted Parking for Non-residential Uses) shall be modified as follows: the maximum number of accessory off-street parking spaces permitted for a development or enlargement shall not exceed one space per 2,000 square feet of floor area or 250 spaces, whichever is less.

(b)        Curb cuts shall not be permitted within 40 feet of a zoning lot line that abuts the Sunnyside Yard.

(c)        Public parking garages shall be permitted on Blocks 86/72 and 403 pursuant to Section 117-56 (Special Permit for Bulk Modifications on Blocks 86/72 and 403).

(d)        For public parking garages permitted on Block 420 pursuant to Section 74-50 (OFF-STREET PARKING ESTABLISHMENTS), the floor space on one or more stories of the public parking garage, up to a height of 23 feet above curb level, shall be exempt from the definition of floor area as set forth in Section 12-10.

Within the Queens Plaza Subdistrict, the provisions of Section 117-552 (Central refuse storage area) shall apply to any development, enlargement, alteration or change of use, except where more than 50 percent of the floor area of such development, enlargement, alteration or change of use is occupied by a use listed in Use Groups 16 or 17.

The provisions of Sections 117-553 (Mandatory sidewalk widening) and 117-554 (Mandatory sidewalk widening design requirements) apply to those locations identified on Map 3 in Appendix C of this Chapter.

The provisions of Section 28-12 (Refuse Storage and Disposal) shall apply.

The sidewalk widening provisions of this Section shall apply to all developments or enlargements with ground floor street walls with a ratio of floor area to lot area of 3.0 or more.

Sidewalk widening accessible to the public must be provided in the locations specified on Map 3 (Sidewalk Widening and Street Wall Location) in Appendix C of this Chapter. Such mandatory sidewalk widening is subject to the design requirements of Section 117-554.

(a)        Access

All mandatory sidewalk widenings shall be accessible directly from an adjoining public sidewalk and unobstructed along at least 50 percent of the total street frontage. Driveways and vehicular accessways included as part of the total street frontage may not be counted as providing access. All mandatory sidewalk widenings shall be accessible to the public at all times.

There shall be at least one unobstructed pedestrian path of travel providing access to each of the following:

(1)        at least 70 percent of the mandatory sidewalk widening's total area;

(2)        any building lobby accessible to the mandatory sidewalk widening; and

(3)        any use that may be present on, or adjacent to and having an entrance on, the mandatory sidewalk widening.

(b)        Access for persons with disabilities

The mandatory sidewalk widening shall be accessible to persons with disabilities in accordance with the Americans with Disabilities Act and the American National Standards Institute (ANSI) design standards.

(c)        Elevation

All mandatory sidewalk widenings shall be located at an elevation not more than three feet above or below the curb level of the nearest adjoining sidewalk.

A mandatory sidewalk widening shall be at the same elevation as the adjoining public sidewalk along the street frontage providing access, pursuant to paragraph (a) of this Section, for a minimum depth of 10 feet measured perpendicular to the street line.

When the size of a mandatory sidewalk widening is 8,000 square feet or more, a maximum of 25 percent of its area may be located at an elevation more than three feet above or below the nearest adjoining sidewalk, which area, however, may not be located within a depth of 10 feet from the sidewalk measured perpendicular to the street line.

Where an existing subway station entry is located on the sidewalk area adjacent to a mandatory sidewalk widening, the mandatory sidewalk widening shall be provided at the same elevation as the adjoining sidewalk for a distance of at least 15 feet in all directions from the entry except as required for drainage. No obstruction shall be permitted within such portion of the mandatory sidewalk widening.

(d)        Permitted obstructions

The provisions of Sections 37-726 and 37-73 shall apply, except that in the case of kiosks, the provisions of Section 37-73 shall be modified as follows: the aggregate area occupied by such kiosks shall not exceed 60 square feet or 1.5 percent of the area occupied by the sidewalk widening.

(e)        Driveways, parking spaces, loading berths, exhaust vents and building trash storage facilities

The provisions of Section 37-726, paragraph (d), shall apply.

(f)        Trees

One tree per 500 square feet of sidewalk widening is required. Each tree shall measure at least 2.5 inches in caliper at the time of planting. Each tree shall be planted in at least 200 cubic feet of soil with a depth of at least 3 feet, 6 inches.

(g)        Paving

The provisions of Section 37-718 shall apply.

(h)        Seating

One linear foot of seating for every 150 square feet of mandatory sidewalk widening shall be provided. In addition, the provisions of Section 62-672 shall apply.

(i)        Bicycle parking facilities

The provisions of Section 37-745 shall apply.

(j)        Drinking fountains

The provisions of Section 37-746 shall apply.

(k)        Aesthetic amenities

One of the following amenities shall be provided:

(1)        prominent lighting that enhances the architectural features of the upper stories of the building;

(2)        an ornamental water feature within the mandatory sidewalk widening; or

(3)        artwork, such as sculpture, within the mandatory sidewalk widening.

(l)        Lighting

The provisions of Section 37-743 shall apply, except that the minimum level of illumination shall be not less than two horizontal foot candles throughout the entire mandatory sidewalk widening.

(m)        Sidewalk widening signs

The provisions of Section 37-751, paragraph (b) shall apply.

(n)        Maintenance

The provisions of Sections 37-744 and 37-77 shall apply.

For any development or enlargement on a zoning lot that has at least 50,000 square feet of lot area located on Block 86/72 or Block 403 in Area C as shown on Map 1 (Designated Districts within the Queens Plaza Subdistrict) in Appendix C of this Chapter, the City Planning Commission may increase the floor area ratio up to a maximum of 8.0 and may modify the street wall regulations of paragraphs (a) and (b) of Section 117-531 (Street wall location) and paragraph (a) of Section 117-532 (Setback regulations for buildings that exceed the maximum base height), provided that:

(a)        a public open area of not less than 20,000 square feet and a public parking garage containing no fewer than 250 spaces shall be included on the zoning lot, and further provided the Commission finds that:

(1)        the public open area is designed so that it provides recreational opportunities for the community;

(2)        the portion of the development or enlargement adjacent to the public open area shall be either a retail use, other use or treatment that complements the open area;

(3)        such modification of the street wall requirements is necessary to accommodate the public open area or the public parking garage and will result in a better site plan;

(4)        the public parking garage is located and designed in such a way so that it shall not adversely affect the quality of the design, access to, or use of the public open area; and

(5)        where the Commission permits parking on the roof of such public parking garage, such roof parking shall be so located as not to impair the essential character or future use or development of adjacent areas.

Design elements of the open area including lighting, paving, seating, signs and planting areas shall be specified in the application. The provisions of Section 37-751 (Public space signage systems) and 37-77 (Maintenance) shall apply.

(b)        The public parking garage shall be subject to the following conditions:

(1)        the floor space on one or more stories of the public parking garage, up to a height of 23 feet above curb level shall be exempt from the definition of floor area as set forth in Section 12-10 (DEFINITIONS);

(2)        the entrances and exits shall be located so that they will not be hazardous to traffic safety nor likely to unduly inhibit pedestrian movement; and

(3)        at the vehicular entrances, a minimum of 12 reservoir spaces shall be provided and the total number of reservoir spaces shall be equivalent to five percent of any spaces in excess of 250, up to a maximum of 50 reservoir spaces.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including requirements for sanitation and security, which may include conditions for lighting and landscaping or limitations on the manner and/or hours of operation.

Any building on Block 86/72 for which an application for a special permit for bulk modifications has been filed with the Department of City Planning, pursuant to this Section, prior to May 22, 2013, may be started or continued pursuant to the regulations in effect at the time of such application and, if such application is granted by the City Planning Commission and the City Council, may be developed or enlarged pursuant to the terms of such permit, including minor modifications thereto and, to the extent not modified under the terms of such permit, in accordance with the regulations in effect at the time of such application.

In Article V, Chapter 4 (Non-complying Buildings), Section 54-311 (Buildings containing rooming units) shall not apply.

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:

M1-2/R5B

M1-2/R5D

M1-2/R6A

M1-3/R7X.

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.

Maximum floor area ratio, lot coverage and street wall provisions in the designated districts are modified as set forth in Sections 117-631 through 117-633, inclusive.

(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.

District and Subdistricts

Permitted Sidewalk Cafe Locations

Description of Improvements

This Appendix describes the mandatory lot improvements that are designated on the District Plan Map in Appendix B for the Court Square Subdistrict. Descriptions refer to the text for requirements and standards for the following improvements.

(a)        Block 1

A subway improvement, to consist of a connection between the Crosstown and Flushing Lines and maintenance of glass partitions in the control area of the Queens Boulevard Line, Court Sq-23 St Station mezzanine and near the control area of the Crosstown Line, Court Sq Station mezzanine which are to be installed by the developer of Block 2. The developer shall notify the Chairperson of the City Planning Commission upon both application for, and issuance of, a first building permit for the development on this Block.

(b)        Block 2

A subway improvement, to consist of a connection between the Queens Boulevard and Crosstown Lines, preparation of preliminary plans for a Crosstown Line, Court Sq Station and Flushing Line, Court Sq Station connection and installation of glass partitions in the control area of the Court Sq-23 St Station mezzanine and near the control area of the Court Sq Station mezzanine, upon receipt of a written request by the Chairperson of the City Planning Commission, which shall occur only after the issuance of a first building permit for the development on Block 1.

(c)        Block 3

(1)        The first development or enlargement to meet the criteria for a subway improvement shall construct new entrances at the intersection of 44th Drive and 23rd Street for the Flushing Line, Court Sq Station, in consultation with the Metropolitan Transportation Authority and the Department of City Planning.

(2)        For subsequent developments or enlargements, a subway improvement to the north end of the Flushing Line, Court Sq Station, shall be required. Such improvement shall be determined in consultation with the Metropolitan Transportation Authority and the Department of City Planning.

(12/19/01)

Map 1: Designated Districts within the Queens Plaza Subdistrict

(8/13/15)

Map 2: Ground Floor Use and Frontage

(8/13/15)

Map 3: Sidewalk Widening and Street Wall Location

The "Special Union Square District" established in this Resolution is designated to promote and protect public health, safety, general welfare and amenity. These general goals include, among others, the following specific purposes:

(a)        to promote a revitalized mixed-use area around Union Square by encouraging controlled development on vacant and under-utilized sites within the District;

(b)        to stimulate such growth while providing guidelines which will ensure urban design compatibility between new development, existing buildings and Union Square and which will preserve and enhance the special character of the Square;

(c)        to stabilize the area through residential development and thereby encourage active utilization of Union Square Park;

(d)        to enhance the retail and service nature and economic vitality of 14th Street by mandating appropriate retail and service activities;

(e)        to improve the physical appearance and amenity of the streets within the District by establishing streetscape and signage controls which are compatible to Union Square Park;

(f)        to improve access, visibility, security and pedestrian circulation in and around the 14th Street/Union Square Station; and

(g)        to promote the most desirable use of land in this area and thus conserve the value of land and buildings and thereby protect the City's tax revenues.

In harmony with the general purpose and intent of this Resolution and the general purposes of the Special Union Square District and in accordance with the provisions of this Chapter, certain specified use, bulk and sign regulations of the underlying district are made inapplicable and are superseded by the use, bulk and sign regulations of the Special Union Square District as set forth in this Chapter. In addition, special street wall transparency and location of entrance requirements are set forth in this Chapter. Except as modified by the express provisions of this Chapter, the underlying district regulations remain in effect.

The District Plan of the Special Union Square District is set forth in Appendix A and is incorporated as an integral part of the provisions of this Chapter.

Uses within stories that have a floor level within five feet of curb level along 14th Street shall be limited to the uses listed in this Section, except that entrances to above-grade or below-grade uses are permitted, subject to the regulations set forth in Section 118-41 (Entrances on 14th Street).

These regulations shall apply to developments, enlargements, extensions and changes of use.

Antique stores

Art galleries, commercial

Artists' supply stores

Automobile rental offices

Bakeries, provided that floor area used for production shall be limited to 750 square feet per establishment

Banks

Barber shops

Beauty parlors

Bicycle sales, rental or repair shops

Book stores

Candy or ice cream stores

Carpet, rug, linoleum, or other floor covering stores, with no limitation on floor area per establishment

Cigar or tobacco stores

Clothing or clothing accessory stores, with no limitation on floor area per establishment

Clothing rental establishments, limited to 10,000 square feet on floor area per establishment

Department stores

Drug stores

Dry cleaning or clothes pressing establishments or receiving stations dealing directly with ultimate consumers, limited to 2,000 square feet of floor area per establishment, and provided that only solvents with a flash point of not less than 138.2 degrees Fahrenheit shall be used, and a total aggregate load capacity of machines shall not exceed 60 pounds

Dry goods or fabric stores, with no limitation of floor area per establishment

Eating or drinking establishments including those which provide outdoor table service, or have music for which there is no cover charge and no specified showtime

Eating or drinking establishments, with entertainment but not dancing, with a capacity of 200 persons or fewer

Eating or drinking establishments, with musical entertainment but not dancing, with a capacity of 200 persons or fewer

Eating or drinking places without restrictions on entertainment or dancing, but limited to locations in hotels

Fishing tackle or equipment, rental or sales

Florist shops

Food stores, including supermarkets, grocery stores, meat markets or delicatessen stores

Furniture stores, with no limitation on floor area per establishment

Furrier shops, custom

Gift shops

Hardware stores

Interior decorating establishments, provided that floor area used for processing, servicing or repairs shall be limited to 750 square feet per establishment

Jewelry or art metal craft shops

Laundry establishments, hand or automatic self-service

Leather goods or luggage stores

Medical or orthopedic appliance stores

Millinery shops

Music stores

Newsstands, open or enclosed

Office or business machine stores with no limitations on floor area per establishment

Optician or optometrist establishments

Package liquor stores

Paint stores

Pet shops

Photographic developing or photographic printing establishments limited to 2,500 square feet per establishment

Photographic equipment or supply stores

Photographic studios

Picture framing shops

Record stores

Seed or garden supply stores

Sewing machine stores, selling household machines only

Shoe or hat repair shops

Shoe stores

Sporting or athletic stores

Stamp or coin stores

Telegraph offices

Television, radio, phonograph or household appliance stores with no limitation on floor area per establishment

Toy stores

Travel bureaus

Typewriter stores

Variety stores, with no limitation on floor area per establishment

Wallpaper stores

Watch or clock stores or repair shops

On street walls fronting on 14th Street, no sign may be located more than 25 feet above curb level.

Signs on street walls fronting on all other streets within the Special District shall be subject to the provisions of paragraph (e) of Section 32-435 (Ground floor use in high density Commercial Districts).

Flashing signs are not permitted within the Special District.

The maximum floor area ratio permitted on property bounded by:

(a)        Broadway, a line midway between East 14th Street and East 13th Street, a line 100 feet west of University Place, Union Square West and Broadway, a line midway between East 17th Street and East 18th Street, a line 100 feet east of Park Avenue South and Union Square East, East 15th Street, Union Square East, East 17th Street, Union Square West and East 14th Street is 8.0; and

(b)        Broadway, a line midway between East 13th Street and East 14th Street, south prolongation of the center line of Irving Place and Irving Place, East 15th Street, Union Square East, Fourth Avenue, and East 14th Street is 10.0, except as provided in Section 118-60 (SUBWAY STATION IMPROVEMENTS WITHIN THE SPECIAL UNION SQUARE DISTRICT).

In no event, shall the commercial floor area ratio exceed 6.0.

The density regulations of Section 23-20 shall not apply. Instead, for every 750 square feet of residential floor area permitted on a zoning lot, there shall be no more than one dwelling unit.

However, the conversion of non-residential buildings to residential use shall be subject to the provisions of Article I, Chapter 5 (Residential Conversion Within Existing Buildings).

The location and height above curb level of the street wall of any development or enlargement shall be as shown in the District Plan (Appendix A). However, if a development or enlargement is adjacent to one or more existing buildings fronting on the same street line, the street wall of such development or enlargement shall be located neither closer to nor further from the street line than the front wall of the adjacent building which is closest to the same street line.

Street wall recesses are permitted below the level of the second story ceiling for subway stair entrances required under Section 118-50 (OFF STREET RELOCATION OF A SUBWAY STAIR WITHIN THE SPECIAL UNION SQUARE DISTRICT). Such recesses shall be no longer than 15 feet and no deeper than eight feet or the width or length of the relocated subway stair, whichever is greater.

Street wall recesses are also permitted below the level of the second story ceiling for building or store entrances only.

A sky exposure plane of 2.5 to 1 shall begin at a height above curb level of 125 feet on all streets within the Special District, except that on a narrow street beyond 100 feet from any street line opposite a public park or from the intersection of such narrow street with a wide street, the sky exposure plane shall begin at a height above curb level of 85 feet.

No development or enlargement shall penetrate such sky exposure plane except pursuant to Section 33-45 (Tower Regulations). However, Section 33-45 shall not be applicable to any portion of a building located within 100 feet of a street line opposite a public park.

(a)        On a zoning lot where there is an existing building to remain, the requirements governing height and location of street walls shall not apply within a volume defined by the rear wall of the existing building (W2), the front lot line (W1), the prolongations of the side walls (L) and a height of 125 feet above curb level

If, after January 10, 1985, any demolition or destruction occurs within the volume defined, the requirements governing street wall height shall apply.

EXISTING BUILDING VOLUME FOR

MODIFICATION OF STREET WALL REQUIREMENTS

(b)        The City Planning Commission may authorize modifications in the required street wall location if the Commission finds that the existing buildings, or existing open areas serving existing buildings to remain on the zoning lot, would be adversely affected by the location of the street walls of the development, enlargement or alteration in a manner prescribed in paragraph (a) of this Section.

All buildings developed or portions of buildings enlarged after January 10, 1985, that front on 14th Street, Union Square East, Union Square West or 17th Street shall be subject to the requirements set forth below.

Each permitted use within a story that has a floor level within five feet of curb level in buildings or portions of buildings with frontage on 14th Street, shall be entered directly from 14th Street. Entrances to uses located above or below such stories are permitted, provided that such entrances, in aggregate, shall not exceed 30 linear feet of street wall frontage on 14th Street.

If a use occupies at least 40 percent of the floor area of a building or portion of a building, as applicable, pursuant to Section 118-40 (ENTRANCE AND STREET WALL TRANSPARENCY REQUIREMENTS), that fronts on Union Square East, Union Square West or 17th Street between Broadway and Park Avenue South, then the principal entrance to that use shall be located on such street. However, if more than one use meets these criteria, the principal entrance to only one of them is required to be so located.

When the street wall of any development or enlargement is located on 14th Street, Union Square East, Union Square West or 17th Street, such street wall shall be glazed in accordance with the provisions of Section 37-34 (Minimum Transparency Requirements).

Where a development or enlargement is constructed on a zoning lot of at least 5,000 square feet which fronts on a portion of sidewalk containing a stairway entrance or entrances into the 14th Street/Union Square Station, the development or enlargement shall be subject to the regulations of Section 37-40 (OFF-STREET RELOCATION OR RENOVATION OF A SUBWAY STAIR).

The City Planning Commission may, by special permit, grant residential floor area bonuses for developments or enlargements that provide major improvements on the 14th Street/Union Square Subway Station in accordance with the provisions of Section 74-634. The zoning lot for the development or enlargement on which such floor area bonus is requested shall be adjacent to the 14th Street/Union Square Subway Station or to an existing passageway to the station.

As part of the special permit, the Commission may modify the street wall regulations of Section 118-30 (STREET WALL HEIGHT AND SETBACK REGULATIONS) if it finds that such major improvements cannot be provided without modifications of these provisions.

Street walls shall be coincident with street lines.

The "Special Hillsides Preservation District" (hereinafter also referred to as the "Special District") established in this Resolution is designed to promote and protect public health, safety and general welfare. These general goals include, among others, the following special purposes:

(a)        to reduce hillside erosion, landslides and excessive storm water runoff associated with development by conserving vegetation and protecting natural terrain;

(b)        to preserve hillsides having unique aesthetic value to the public;

(c)        to guide development in areas of outstanding natural beauty in order to protect, maintain and enhance the natural features of such areas; and

(d)        to promote the most desirable use of land and to guide future development in accordance with a comprehensive development plan, and to protect the neighborhood character of the district.

Definitions specially applicable to this Chapter are set forth in this Section. The definitions of other defined terms are set forth in Section 12-10 (DEFINITIONS).

Area of no disturbance

An "area of no disturbance" is an area designated on the site plan that is protected from all types of intrusion, including: site alteration, operation of construction equipment, storage of construction materials, excavation or regrading, tunneling for utilities, removal of trees, topsoil or any living vegetation, or construction of driveways, private roads, parking areas, patios, decks, swimming pools, walkways or other impervious surfaces. Areas of no disturbance shall include steep slopes, steep slope buffers and the critical root zone of each tree proposed for preservation.

Average percent of slope

The "average percent of slope" of a zoning lot is the average slope of all portions of a zoning lot excluding steep slopes and shall be determined according to the following equation:

S

=

IL

x

100

A

Where:

S - average percent of slope

I - contour interval in feet

L - combined length of contour lines in feet, excluding those portions bordering or lying within areas having a slope of 25 percent or greater and meeting the definition of steep slope

A - gross area in square feet of the zoning lot, excluding those portions of the zoning lot having a slope of 25 percent or greater and meeting the definition of steep slope. For a proposed site alteration on a tract of land not within a zoning lot, the portion of such tract of land owned by the applicant shall be considered to be part of the zoning lot.

100 - factor which yields slope as a percentage

CALCULATING AREAS HAVING A SLOPE EQUAL TO OR GREATER THAN 25 PERCENT (illustrative example)

Example:

X

=

contour interval in feet

=

2

=

8.0 feet

0.25

0.25

Where:

X -        distance between contour lines which indicates a slope of 25 percent

In order to calculate the area having a slope equal to or greater than 25 percent, one can use a map with two-foot contour intervals and a scale of one inch equals 20 feet, such as the map pictured above. A 25 percent slope, on a map with two-foot contour intervals, is indicated by contour lines which are 8.0 feet apart, rounded to the nearest tenth (0.1) of a foot. On a map whose scale is one inch to 20 feet, 8.0 feet is represented by 0.4 of an inch, rounded to the nearest tenth (0.1) of an inch.

Identify where the contour lines are 0.4 of an inch or less apart. Connect these contour lines (as indicated by the heavy lines on the map) and calculate the area.

Buildable area

A "buildable area" is a portion of a zoning lot excluding steep slopes.

Caliper (of a tree)

"Caliper" of a tree is the diameter of a tree trunk measured 4 feet, 6 inches from the ground. If a tree splits into multiple trunks below 4 feet, 6 inches from the ground, the trunk is measured at its most narrow point beneath the split.

Critical root zone

The "critical root zone" of a tree is the area containing the roots of a tree that must be maintained and protected to ensure the tree's survival. The area of the critical root zone is measured as one radial foot for every caliper inch of the tree, with a required minimum of four radial feet and maximum of 22 radial feet, measured from the surface of the tree trunk at grade.

Hillside

A "hillside" is defined as ground where the ratio of change in elevation to horizontal distance results in a 10 percent or greater slope or average percent of slope.

Site alteration

For the purposes of this Chapter, a "site alteration" is an alteration on any vacant tract of land, land with minor improvements or any tract of land containing buildings or other structures. Site alterations shall include the following:

(a)        removal of topsoil;

(b)        excavating, filling, land contour work and other topographic modifications where the ground elevation of the land existing on June 30, 1987, is modified by two feet or more;

(c)        dumping, changes in existing drainage systems and changes in grade, alignment or width of public rights-of-way; or

(d)        removal of vegetation beyond 15 feet of the foundation of an existing building, except when the plant materials' continued presence would create hazards or dangers (such as an area affected by storm or plant disease) to persons, property or other plant material which it would not be possible or practical to eliminate by pruning or routine maintenance.

Staging area

A "staging area" is any area on a zoning lot or other tract of land used during the construction of a development, enlargement or site alteration for the purposes of stockpiling soil or construction materials; storing, cleaning or servicing construction equipment, vehicles or tools; or storing leachable construction products, gases or other materials used to clean or service vehicles, equipment or tools.

Steep slope

A "steep slope" is a portion of a zoning lot or other tract of land with an incline of 25 percent or greater. However, a portion of a zoning lot or other tract of land with an incline of 25 percent or greater shall not be considered a steep slope if it occupies an area of less than 200 square feet or has a dimension of less than 10 feet, measured along the horizontal plane, unless such portions in the aggregate equal 10 percent or more of the area of the zoning lot.

Steep slope buffer

A "steep slope buffer" is a 15-foot wide area having a slope of less than 25 percent that adjoins the entire length of the crest of a steep slope.

Tier I site

A "Tier I site" is a zoning lot or other tract of land having an average percent of slope of less than 10 percent.

Tier II site

A "Tier II site" is a zoning lot or other tract of land having an average percent of slope equal to or greater than 10 percent.

Topsoil

"Topsoil" is soil containing undisturbed humus and organic matter capable of sustaining vigorous plant growth and is generally the top six inches of soil.

Tree credit

A "tree credit" is a credit for preserving an existing tree of six-inch caliper or more which is counted toward a tree preservation requirement, or a credit for a newly planted tree of three-inch caliper or more which is counted toward a tree planting requirement.

Tree protection plan

A "tree protection plan" is a plan that modifies the area of no disturbance around a tree proposed for preservation while protecting and preserving the tree during construction. A tree protection plan is prepared by an arborist certified by the International Society of Arborculturists (ISA) or equivalent professional organization that includes:

(a)        a survey of the current condition and health of such trees of six-inch caliper or more;

(b)        methods for tree protection and preservation based on best management practices, including the prevention of damage due to compaction, grade and drainage pattern changes and tunneling for utilities;

(c)        a schedule for site monitoring during construction;

(d)        a procedure to communicate protection measures to contractor and workers; and

(e)        post-construction treatment.

In harmony with the general purpose and intent of this Resolution and the general purposes of the Special Hillsides Preservation District, the regulations of the districts upon which this Special District is superimposed are supplemented or modified in accordance with the provisions of this Chapter. Except as modified by the express provisions of this Chapter, the regulations of the underlying districts remain in effect.

Any development, enlargement or site alteration on the buildable area of a zoning lot where the average percent of slope is less than 10 percent shall be regulated by the provisions set forth in Section 119-10 (PROVISIONS REGULATING TIER I SITES). Any development, enlargement or site alteration on the buildable area of a zoning lot having an average percent of slope equal to or greater than 10 percent shall be governed by the provisions set forth in Section 119-20 (PROVISIONS REGULATING TIER II SITES).

No development, enlargement or site alteration is permitted within any area of no disturbance on a zoning lot or other tract of land. Areas of no disturbance shall remain in their natural state, except:

(a)        for steep slopes or steep slope buffers, an authorization may be granted by the City Planning Commission, pursuant to Section 119-30 (SPECIAL REVIEW PROVISIONS);

(b)        vegetation and topsoil may be removed from a steep slope buffer during construction on a Tier I site, provided that the development, enlargement or site alteration complies with the requirements of Sections 119-215 (Landscaping controls to preserve trees, shrubs and ground cover), 119-217 (Tier II controls during construction) and 119-22 (Tier II Submission Requirements); or

(c)        in accordance with a tree protection plan.

Those portions of a zoning lot having areas of no disturbance, however, may count as lot area for the purposes of the applicable regulations on yards, floor area ratio, open space ratio or maximum number of dwelling units or rooming units.

The following uses, including enlargements to such uses, shall not be permitted within the Special Hillsides Preservation District unless an authorization is granted by the Commission pursuant to Section 119-30: community facility uses, group parking facilities of 30 cars or more, whether or not they are necessary to satisfy parking requirements.

When the Special Hillsides Preservation District is designated on a public park, or portion thereof, site alterations, the construction of new park-related facilities such as, but not limited to, roadways, parking lots, comfort stations, storage facilities, swimming pools, eating establishments, tennis courts, amphitheaters and stadiums, and improvements to existing park-related facilities, shall not be subject to the provisions of Sections 119-10 or 119-20 but shall require an authorization from the Commission, pursuant to Section 119-31 (Authorizations).

Any development on a zoning lot having an average percent of slope of 10 percent or greater, which is used predominantly for residential use, may be treated as a large-scale residential development and special authorizations or special permits for such developments may be granted in accordance with the provisions of Article VII, Chapter 8, as modified herein, regardless of whether such development will have the area, number of buildings or number of dwelling units specified in the definition of large-scale residential developments as set forth in Section 12-10 (DEFINITIONS). However, bonuses that may be granted for large-scale residential developments under the provisions of Sections 78-32 (Bonus for Good Site Plan), 78-33 (Bonus for Common Open Space) or 78-35 (Special Bonus Provisions) may not be granted for developments that have less than the minimum area, number of buildings or number of dwelling units required by the definition of a large-scale residential development.

Notwithstanding the provisions of Section 78-06 (Ownership), a zoning lot having an average percent of slope of 10 percent or greater that is the subject of an application under this Section may include adjacent properties in more than one ownership, provided that the application is filed jointly by the owners of all the properties included. Any subdivision of the tract before, during or after development shall be subject to the provisions of Section 78-51 (General Provisions).

Within the Special Hillsides Preservation District, no zoning lot existing on June 30, 1987, may be subdivided without certification by the City Planning Commission that the proposed subdivision complies with the regulations of the Special Hillsides Preservation District and that all hillsides are preserved to the greatest extent possible under future development options.

A plan for such subdivision shall be filed with the Commission and shall include a survey map indicating existing topography at two-foot contour intervals and all individual trees of six-inch caliper or more.

When a zoning lot existing on June 30, 1987, is intended to be subdivided and is more than five acres, a site plan of the entire subdivision shall be filed with the Commission. The site plan shall include the proposed vehicular circulation system within the area, block and zoning lot layouts and any other information required by the Commission.

In the event that any zoning lot proposed for subdivision contains a development, enlargement or site alteration that has been undertaken contrary to the provisions of this Chapter, the Commission shall not approve the subdivision until violations are removed from the zoning lot, in accordance with the Commission's requirements under Section 119-40 (COMPLIANCE).

The parking regulations applicable to lower density growth management areas are modified to allow required accessory parking spaces to be located in a front yard.

Tier I sites shall be regulated by the provisions set forth in this Section, inclusive.

To the maximum extent possible, existing trees shall be retained. Trees of six-inch caliper or more may only be removed or destroyed as a result of a development, enlargement or site alteration, provided that:

(a)        such trees are located in areas to be occupied by buildings, private roads, driveways, areas for required accessory parking, or within a distance of 15 feet of the exterior walls of such building, provided that it is not possible to avoid such removal by adjustments in the arrangement of such buildings, driveways or required parking areas;

(b)        the continued presence of such tree would create special hazards or dangers to persons or property, which would not be possible or practical to eliminate by pruning;

(c)        the continued presence of such tree would interfere with the growth or health of another tree of six-inch caliper or more designated for preservation and belonging to a species listed in Appendix B (Selection List for On-site Trees); or

(d)        an authorization pursuant to Section 119-313 (Modification of landscaping, tree preservation and tree planting requirements) has been granted by the City Planning Commission approving the removal of such trees.

Any tree of six-inch caliper or more that cannot be preserved as a result of a proposed development, enlargement or site alteration shall be replaced pursuant to the provisions of Section 119-112 (Tier I tree planting requirements).

All developments, enlargements and site alterations on Tier I sites shall comply with the tree planting requirements set forth in this Section, whether or not existing trees are removed as a result of such development, enlargement or site alteration. However, the requirements set forth herein shall not apply to any enlargement of an existing building, provided that such enlargement does not increase the lot coverage of said building.

On-site trees, pre-existing or newly planted, shall be provided on the zoning lot at the rate of one tree for each 1,000 square feet of lot area, or portion thereof, or shall equal a total of 51 percent of all tree credits for trees originally on site, whichever is greater.

For any existing tree of at least six-inch caliper that is preserved, credit for one tree shall be given for the first six inches of caliper and, for each additional four inches of caliper, credit for an additional tree shall be given.

Single-trunk trees, newly planted to meet this requirement, shall be of at least three-inch caliper at the time of planting. Multiple-trunk trees and low-branching coniferous evergreens shall be at least 10 feet in height at the time of planting. On-site trees shall be of a species selected from Appendix B (Selection List for On-site Trees).

The following requirements must be met during construction:

(a)        Construction fences shall be erected around all areas of no disturbance.

A tree protection plan is required to modify the area of no disturbance around trees proposed for preservation.

(b)        The staging area shall be located in an area that would most minimize destruction of the natural features of the landscape. Such area shall be as close to the construction area on the zoning lot as practical, and shall be either on the flattest portion of the zoning lot or behind a containment wall where it will not erode any area of no disturbance or endanger any tree designated for preservation.

(c)        Topsoil shall be used in the area to be revegetated as soon as construction is complete.

(d)        Any exposed earth area shall have straw, jute matting or geotextiles placed on it within two days of exposure and be seeded with annual rye grass during construction.

For all developments, enlargements or site alterations on Tier I sites, the following materials shall be submitted to the Department of Buildings. However, the submission requirements set forth herein shall not apply to an enlargement of an existing residential building, provided that such enlargement does not increase the lot coverage of said building. No building permit shall be issued until the Department of Buildings determines that the requirements of the Special Hillsides Preservation District have been met.

(a)        A survey map prepared by a licensed surveyor showing topography at two-foot contour intervals and indicating the existing slope of the land, as it occurs, in categories of 10—14 percent, 15—19 percent, 20—24 percent, 25 percent and greater; the location of existing buildings or other structures, patios, decks, swimming pools, walkways, driveways and private roads, including sidewalks and other impervious surfaces; and the location, caliper and species of all trees of six-inch caliper or more on the zoning lot and in the sidewalk area of the adjacent streets.

(b)        A site plan prepared by a registered architect or professional engineer indicating the location of all existing buildings or other structures; the location of all proposed buildings or other structures; the location of existing and proposed patios, decks, swimming pools, walkways, driveways and private roads, including sidewalks and other impervious surfaces; the location of any steep slopes, steep slope buffer areas and the staging area; and the location, caliper and species of all trees of six-inch caliper or more on the zoning lot and in the sidewalk area of the adjacent streets. The site plan shall identify those trees proposed to be removed and those trees proposed to be preserved, indicating, for the latter, the critical root zone.

(c)        A tree-planting plan, prepared by a registered landscape architect, indicating the location and species of all new plantings, and indicating the location of and the critical root zone around all trees proposed for preservation.

No permanent certificate of occupancy shall be issued by the Department of Buildings unless an inspection report, verifying that the requirements of Section 119-10 (PROVISIONS REGULATING TIER I SITES) have been met, is filed with the Department of Buildings by a registered landscape architect, licensed surveyor, registered architect or professional engineer.

All Tier II sites shall be regulated by the provisions set forth in this Section. However, any enlargement on Tier II sites of an existing building, provided that such enlargement does not increase the lot coverage of said building, shall be exempted from the provisions of Sections 119-211 (Lot coverage, floor area and density regulations), 119-213 (Grading controls) to 119-217 (Tier II controls during construction), inclusive, 119-22 (Tier II Submission Requirements), and 119-23 (Administration of Tier II Requirements).

The area of a private road shall be excluded from the area of the zoning lot for the purposes of applying the applicable requirements of Sections 23-14 (Open Space and Floor Area Regulations in R1 Through R5 Districts) or 23-15 (Open Space and Floor Area Regulations in R6 Through R10 Districts) as modified by this Section, and Sections 23-21 (Required Floor Area per Dwelling Unit) and 33-10 (FLOOR AREA REGULATIONS). For the purposes of this Section, the area of the private road shall include the area of the paved roadbed plus a seven-foot wide area adjacent to and along the entire length of the required curbs.

The maximum permitted percentage of lot coverage on a zoning lot shall be determined by Table I or Table II of this Section, as applicable.

TABLE I

PERMITTED PERCENTAGE OF LOT COVERAGE ON A ZONING LOT BY ZONING DISTRICT, AVERAGE PERCENT OF SLOPE AND RESIDENCE TYPE

Residence District

Average Percent of Slope

R1

R2

R3

R4

R5

R6: 1-2 Family

R6: Other

10—14.9

22.5

22.5

22.5

36.0

45.0

48.6

32.4

15—19.9

20.0

20.0

20.0

32.0

40.0

43.2

28.8

20—24.9

17.5

17.5

17.5

28.0

35.0

37.8

25.2

If an authorization is granted for a development, enlargement or site alteration on a zoning lot or portion of a zoning lot having a steep slope or steep slope buffer pursuant to Section 119-311, the maximum permitted percentage of lot coverage for said zoning lot shall not exceed the maximum set forth in Table II of this Section.

TABLE II

PERMITTED PERCENTAGE OF LOT COVERAGE ON A ZONING LOT OR PORTION OF A ZONING LOT WITH A STEEP SLOPE, BY ZONING DISTRICT AND RESIDENCE TYPE

Residence District

R1

R2

R3

R4

R5

R6: 1-2 Family

R6: Other

12.5

12.5

12.5

20.0

25.0

27.0

18.0

However, the maximum permitted percentage of lot coverage on a zoning lot, as determined by Table I or Table II, shall not apply to any development, enlargement or site alteration that receives an authorization pursuant to Section 119-312 (Authorization of certain uses within the Special Hillsides Preservation District) and is located in a Commercial District.

The height and setback regulations set forth in Sections 23-63 (Height and Setback Requirements in R1 Through R5 Districts), 23-64 (Basic Height and Setback Requirements), 34-24 (Modification of Height and Setback Regulations), 35-62 (Commercial Districts With an R1 Through R5 Residential Equivalent) and 35-63 (Basic Height and Setback Modifications) shall not apply to buildings or other structures on Tier II sites within the Special Hillsides Preservation District. In lieu thereof, the height and setback regulations set forth in this Section shall apply.

No portion of a building or other structure shall penetrate a plane drawn parallel to the base plane at a height that is shown in Table III of this Section. For buildings with pitched roofs, height shall be measured to the midpoint of such pitched roof. For the purposes of this Section, the base plane, which is a plane from which the height of a building or other structure is measured in R2X, R3, R4 and R5 Districts, shall also be established in accordance with the provisions of Section 12-10 (DEFINITIONS) for buildings or other structures in R1, R2 and R6 Districts.

TABLE III

MAXIMUM HEIGHT OF A BUILDING OR OTHER STRUCTURE

Residence District *

Maximum Height above Base Plane

R1  R2  R3  R4**

36 feet

R5**

60 feet

R6

70 feet

*or Residence District equivalent when the zoning lot is located within a Commercial District

**buildings that utilize the regulations of Section 23-143, applying to a predominantly built-up area, shall not exceed a maximum height of 32 feet above the base plane.

With the exception of private roads and driveways, no grading shall take place beyond 15 feet of the location of a building foundation, measured from the foundation perimeter. The following grading requirements shall apply to all Tier II sites.

(a)        Cut slopes shall be no steeper than two horizontal to one vertical; subsurface drainage shall be provided as necessary for stability.

(b)        Where two cut slopes intersect, the corners shall be rounded with a minimum radius of 25 feet.

(c)        Fill slopes shall be no steeper than two horizontal to one vertical; fill slopes shall not be located on natural slopes 2:1 or steeper, or where fill slope toes out within 12 feet horizontally of the top of an existing or planned cut slope.

(d)        Excavating for fill shall be prohibited unless the material is obtained from a cut permitted under an approved grading plan obtained for some purpose other than to produce fill material, or imported from outside the Special Hillsides Preservation District.

(e)        Fills shall be compacted to at least 95 percent of maximum density, as determined by AASHTO T99 or ASTM D698.

(f)        All retaining walls or cuts with a total vertical projection in excess of three feet and associated with cut or fill surfaces shall be designed as structural members keyed into stable foundations and capable of sustaining the design loads.

(g)        The edge of any cut or fill slope meeting the grade existing on June 30, 1987, should be blended into such grade in a vertical or horizontal arc with a radius of not less than 25 feet.

(h)        The top and toe of any cut or fill slope, or where any excavation meets the grade existing on June 30, 1987, should be rounded in a vertical arc with a radius of not less than five feet.

(i)        Tops and toes of cut and fill slopes shall be set back from lot lines for a horizontal distance of three feet plus one-fifth the height of the cut or fill but need not exceed a horizontal distance of 10 feet; tops and toes of cut and fill slopes shall be set back from buildings and structures a horizontal distance of six feet plus one-fifth the height of the cut or fill but need not exceed a horizontal distance of 10 feet.

The provisions set forth in this Section and Section 119-213 (Grading controls) shall apply to driveways and to private roads that provide access to buildings developed after December 11, 1999. The provisions for private roads set forth in Section 26-20, inclusive, shall not apply. However, the provisions of Sections 26-31 through 26-34 shall apply for private roads in lower density growth management areas.

(a)        Driveways

(1)        the maximum grade of a driveway shall not exceed 10 percent;

(2)        the paved width of a driveway shall not exceed 18 feet; and

(3)        the maximum length of a driveway from a private road or street to an accessory parking space shall not exceed 80 feet.

(b)        Private roads

(1)        the maximum grade of a private road shall not exceed 10 percent;

(2)        the width of the graded section beyond the curb back or edge of pavement of a private road shall extend no more than three feet beyond the curb back or edge of pavement on both the cut and the fill sides of the roadway. If a sidewalk is to be installed parallel to the roadway, the graded section shall be increased by the width of the sidewalk plus no more than one foot beyond the curb back;

(3)        the paved width of a private road shall not exceed 30 feet;

(4)        curbs shall be provided along each side of the entire length of a private road and accessory parking spaces may be located between the required roadbed and curb;

(5)        a curb cut, excluding splays, from a street to a private road may be as wide as such private road;

(6)        curb cuts providing access from private roads to parking spaces shall not exceed the width of the driveway served and in no event shall exceed a width of 18 feet, including splays;

(7)        a minimum distance of 16 feet of uninterrupted curb space shall be maintained between all curb cuts;

(8)        no building permit shall be issued by the Department of Buildings without approval by the Fire Department regarding the adequacy of vehicular access to and within the development for fire safety. Such approval may include the modification of private road width as set forth in paragraph (b)(3) of this Section; and

(9)        for the purposes of applying the yard regulations of Section 26-31, the curb of the private road shall be considered to be the street line.

The City Planning Commission may by authorization or special permit, as applicable, pursuant to Section 119-30 (SPECIAL REVIEW PROVISIONS), allow modifications to, or waivers of, the requirements of this Section. The approval of the Fire Department regarding the adequacy of vehicular access to and within the development for fire safety shall be a condition precedent for any modification or waiver.

(a)        In any area of no disturbance, existing vegetation and topsoil shall not be removed, except in accordance with a tree protection plan or as authorized by the City Planning Commission, pursuant to the provisions of Section 119-313 (Modification of landscaping, tree preservation and tree planting requirements).

(b)        To the maximum extent possible, existing trees, shrubs and ground cover shall be retained. Vegetation may only be removed or destroyed as a result of a development, enlargement or site alteration, provided that:

(1)        it is located in areas to be occupied by buildings, private roads, driveways, areas for required accessory parking or within a distance of 15 feet of a building foundation and, provided that it is not practical to avoid such removal by adjustments in the arrangement of such buildings, private roads, driveways or required parking areas;

(2)        the continued presence of the vegetation would interfere with the growth or health of trees of six-inch caliper or more designated for preservation and belonging to a species listed in Appendices A, B or C;

(3)        the continued presence of the vegetation would create special hazards or dangers to persons or property, which would not be possible or practical to eliminate by pruning or routine maintenance; or

(4)        an authorization has been granted by the City Planning Commission under the provisions of Section 119-313 approving the removal of such vegetation.

(c)        Any vegetation or topsoil that cannot be preserved as a result of a proposed development, enlargement or site alteration and is not permitted to be removed under paragraph (b) of this Section shall be replaced as follows: for every square foot of lot area of removed vegetation or topsoil, there shall be provided the following plantings of the size and number indicated in paragraphs (c)(1) through (c)(4) of this Section. The area of removed vegetation shall be measured so as to include any portions of the zoning lot that were located within the critical root zone of a removed tree of six-inch caliper or more. Species of ground cover and shrubs shall be selected from Appendix A (Selection List for Ground Covers and Shrubs). Species of on-site trees shall be selected from Appendix B (Selection List for On-site Trees).

(1)        Ground cover shall be planted one at one foot on center and at the rate of one plant for every square foot of lot area of removed vegetation; and

(2)        Large trees shall be planted at the rate of one three-inch caliper tree for every 500 square feet of lot area of removed vegetation; or

(3)        Small trees shall be planted at a rate of one eight-foot high tree for every 100 square feet of lot area of removed vegetation; or

(4)        Shrubs shall be planted at a rate of one gallon container-grown material for every 25 square feet of lot area of removed vegetation.

All developments, enlargements and site alterations on Tier II sites shall comply with the following tree planting requirements, whether or not existing vegetation is removed as a result of such development, enlargement or site alteration. However, the requirements set forth herein shall not apply to an enlargement of an existing building, provided that such enlargement does not increase the lot coverage of said building.

On-site trees, pre-existing or newly-planted, shall be provided on the zoning lot at the rate of one tree for each 1,000 square feet of lot area, or portion thereof, or shall equal a total of 51 percent of all tree credits for trees originally on site, whichever is greater.

For any existing tree of at least six-inch caliper that is preserved, credit for one tree shall be given for the first six inches of caliper and, for each additional four inches of caliper, credit for an additional tree shall be given.

Single-trunk trees newly planted to meet this requirement shall be of at least three-inch caliper at the time of planting. Multiple-trunk trees and low-branching coniferous evergreens shall be at least 10 feet in height at the time of planting. On-site trees shall be of a species selected from Appendix B (Selection List for On-site Trees).

The following requirements must be met during construction:

(a)        No construction equipment of any kind shall operate beyond 15 feet of the perimeter of a building foundation except those vehicles engaged in the construction of private roads, driveways or required accessory parking areas. This provision may be waived by the Commissioner of Buildings should it be determined that the particular conditions of the site make a 15 foot limit infeasible or impractical.

(b)        Construction fences shall be erected around all vegetation proposed for preservation and all areas of no disturbance, and those portions of the fence that are downhill from the construction site shall have hay bales placed adjacent to them.

(c)        Excavating for fill shall be prohibited unless the material is obtained from a cut permitted under an approved grading plan obtained for some purpose other than to produce fill material, or imported from outside the Special Hillsides Preservation District.

(d)        The staging area shall be located in an area that would most minimize destruction of the natural features of the landscape. Such area shall be as close to the construction area on the zoning lot as practical, and shall be either on the flattest portion of the zoning lot or behind a containment wall where it will not erode any area of no disturbance or endanger any tree designated for preservation.

(e)        Topsoil shall be used in the area to be revegetated as soon as construction is complete.

(f)        Any exposed earth area shall have straw, jute matting or geotextiles placed on it within two days of exposure and be seeded with annual rye grass during construction.

For all developments, enlargements or site alterations on Tier II sites, the following materials shall be submitted to the Department of Buildings. However, the submission requirements set forth herein shall not apply to an enlargement of an existing building, provided that such enlargement does not increase the lot coverage of said building. No building permit shall be issued until the Department of Buildings determines that the requirements of the Special Hillsides Preservation District have been met.

(a)        A survey map prepared by a licensed surveyor showing topography at two-foot contour intervals and indicating the existing slope of the land as it occurs in categories of 10—14 percent, 15—19 percent, 20—24 percent, 25 percent and greater; the location of existing buildings or other structures, patios, decks, swimming pools, walkways, driveways and private roads, including sidewalks and other impervious surfaces; and the location, caliper and species of all trees of six-inch caliper or more on the zoning lot and in the sidewalk area of the adjacent streets.

(b)        A site plan prepared by a registered architect or professional engineer indicating the location of all existing buildings or other structures; the location of all proposed buildings or other structures; the location of existing and proposed patios, decks, swimming pools, walkways, driveways and private roads, including sidewalks and other impervious surfaces; the location of all understory, including shrubs and ground cover; and the location, caliper and species of individual trees of six-inch caliper or more on the zoning lot and in the sidewalk area of the adjacent streets. The site plan shall identify those trees proposed to be removed and those trees proposed to be preserved, indicating for the latter the critical root zone, the location of any other area of no disturbance and the location of the staging area.

(c)        A grading plan that will show all existing and proposed contours at two-foot intervals, critical spot elevations, tops and bottoms of proposed slopes over 10 percent gradient and will indicate at least one longitudinal and one latitudinal cross-section showing both the original and proposed final ground surfaces, with grades, slopes and elevations noted.

(d)        An alignment and paving plan for any private road with a typical cross-section.

(e)        A landscaping and revegetation plan, prepared by a registered landscape architect, indicating the extent of vegetation and topsoil removal required for site preparation and development and the location and species of all new plantings.

(f)        A construction plan prepared by a registered landscape architect, registered architect, licensed surveyor or professional engineer showing the proposed location for the staging area, the proposed method for protecting trees, understory shrubs and ground cover during construction, as well as a description of the equipment to be employed in processing and disposing of soil and other material to be removed from the site. A tree protection plan for any tree proposed for preservation where the area of no disturbance is proposed to be modified.

(g)        An affidavit prepared by a registered landscape architect, registered architect, licensed surveyor or professional engineer stipulating the following:

(1)        prior to construction, no grading, filling, clearing or excavation of any kind shall be initiated until approval of a final grading plan by the Department of Buildings;

(2)        no construction equipment of any kind shall pass over areas to be preserved, according to the approved plans;

(3)        construction fences meeting the requirements of Section 119-217, paragraph (b), shall be erected around all vegetation proposed for retention; and

(4)        construction controls (erosion protection, drainage measures, etc.) shall be implemented according to the approved plan.

(h)        A drainage plan and soil report prepared by a professional engineer to protect natural features. The drainage plan shall describe the temporary (during construction) and permanent measures to collect, direct and discharge stormwater drainage from the site, indicating the direction of drainage flow and providing detailed plans and locations of all surface and subsurface drainage devices, walls, dams, sediment basins, stormwater storage (detention and retention) facilities, and other drainage facilities and protective devices. Such report shall include an estimate of runoff from the site after completion of any proposed development, enlargement or site alteration and provide a description with supporting information of the manner in which the proposed development, enlargement or site alteration complies with the requirements of Local Law 103 of 1989.

All developments, enlargements or site alterations that are subject to the requirements of Section 119-22 (Tier II Submission Requirements) shall file directly with the Department of Buildings.

No permanent certificate of occupancy shall be granted unless an inspection report, verifying that the requirements of Section 119-20 have been met, is filed with the Department of Buildings by a registered landscape architect, registered architect, licensed surveyor or professional engineer.

Upon application, the City Planning Commission may grant authorizations for modifications of specified regulations of this Chapter and for the underlying district regulations in accordance with the provisions of Sections 119-311 (Authorization of a development, enlargement or site alteration on a steep slope or steep slope buffer) through 119-319 (Authorization to allow site alterations, the construction of new park-related facilities and improvements to existing park-related facilities within public parks), inclusive.

In addition, all developments, enlargements and site alterations that require an authorization pursuant to Sections 119-311 through 119-318, inclusive, shall be subject to the provisions of Sections 119-33 (Special Erosion and Sedimentation Prevention Requirements for Certain Authorizations and Special Permits) and 119-34 (Special Submission Requirements for Certain Authorizations and Special Permits).

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 authorizations hereunder, to minimize adverse effects on the hillsides and the character and quality of the community.

The City Planning Commission may authorize developments, enlargements and site alterations on a steep slope or steep slope buffer.

In order to grant such authorizations, the Commission shall find that:

(a)        the development, enlargement or site alteration is not feasible without such modification, or that the requested modification will permit a development, enlargement or site alteration that satisfies the purposes of this Chapter;

(b)        such modification is the least modification required to achieve the purpose for which it is granted;

(c)        the modification requested has minimal impact on the existing natural topography and vegetation and blends harmoniously with it;

(d)        the requested modification will not disturb the drainage patterns and soil conditions of the area; and

(e)        the development, enlargement or site alteration takes advantage of the natural characteristics of the site.

Any development, enlargement or site alteration requiring an authorization pursuant to this Section shall be subject to all the requirements of Section 119-20 (PROVISIONS REGULATING TIER II SITES) for which an authorization or special permit has not been obtained.

Any group parking facility with 30 cars or more and, in Residence Districts, any community facility use or enlargement thereof, shall be allowed only by authorization of the City Planning Commission. In order to grant such authorizations, the Commission, upon review of a site plan, shall find that:

(a)        the proposed development, enlargement or site alteration will not adversely affect the drainage pattern and soil conditions of the area;

(b)        the proposed development, enlargement or site alteration has minimal impact on the existing natural topography and vegetation and blends harmoniously with it;

(c)        such development, enlargement or site alteration is so located as not to impair the essential character of the surrounding area;

(d)        the design of such development, enlargement or site alteration takes full advantage of all special characteristics of the site;

(e)        vehicular access and egress for such development, enlargement or site alteration is located and arranged so as to draw a minimum of vehicular traffic to and through local streets in nearby residential areas; and

(f)        where vehicular access and egress is located on an arterial, such location affords the best means for controlling the flow of traffic generated by such development to and from such arterial.

The Commission may permit modifications to parking lot landscaping and maneuverability requirements for applications for such authorizations of group parking facilities for over 30 cars or for enlargements to group parking facilities, if such modifications preserve vegetation and natural topography.

The City Planning Commission may authorize modifications to Sections 119-111 (Tier I tree preservation requirements), 119-112 (Tier I tree planting requirements), paragraph (b)(8) of Section 119-214 (Tier II requirements for driveways and private roads), 119-215 (Landscaping controls to preserve trees, shrubs and ground cover) and 119-216 (Tier II tree planting requirements).

In order to grant such authorizations, the Commission shall find that:

(a)        the development, enlargement or site alteration is not feasible without such modifications, or that the requested modification will permit a development, enlargement or site alteration that satisfies the purposes of this Chapter;

(b)        such modification is the least modification required to achieve the purpose for which it is granted; and

(c)        the ecology and soil conditions of the site are such that the substitution of other plant material would be as appropriate as the tree preservation or planting requirements being modified.

Where on-site restoration of vegetation would result in overcrowding or would adversely affect the ecology of the site, the Commission may authorize planting of one or more trees on adjoining public sidewalks or in a nearby public area within the Special Hillsides Preservation District. The Commission may also allow the substitution of other plant material, provided a detailed landscaping plan is filed with the Commission for approval and certification.

For any development or enlargement subject to Section 119-211 (Lot coverage, floor area and density regulations), the City Planning Commission may authorize variations in the lot coverage controls.

In order to grant such authorization, the Commission shall find that:

(a)        the development or enlargement is not feasible without such modification, or that the requested modification will permit a development or enlargement that satisfies the purpose of this Chapter;

(b)        by allowing the permitted floor area in a building or buildings of lower height to cover more land, the preservation of hillsides having aesthetic value to the public would be assured, and that such preservation would not be possible by careful siting of a higher building containing the same permitted floor area on less land;

(c)        such modification is the least modification required to achieve the purpose for which it is granted;

(d)        the modification requested has minimal impact on the existing natural topography and vegetation and blends harmoniously with it;

(e)        the requested modification will not disturb the drainage pattern and soil conditions of the area; and

(f)        the proposed modification does not impair the essential character of the surrounding area.

For any Tier II site, the City Planning Commission may authorize variations in the height and setback regulations set forth in Section 119-212 (Height and setback regulations).

In order to grant such authorizations, the Commission shall find that:

(a)        the development or enlargement is not feasible without such modification, or that the requested modification will permit a development or enlargement that satisfies the purpose of this Chapter;

(b)        by concentrating permitted floor area in a building or buildings of greater height covering less land, the preservation of existing topography and vegetation and the preservation of hillsides having aesthetic value to the public will be assured, and that such preservation would not be possible by careful siting of lower buildings containing the same permitted floor area and covering more land;

(c)        such modification is the least modification required to achieve the purpose for which it is granted;

(d)        the requested modification will not disturb the soil conditions of the area;

(e)        the proposed modification does not impair the essential character of the surrounding area; and

(f)        the proposed modification will not have adverse effects upon light, air and privacy of adjacent properties.

For any development, enlargement or site alteration on a Tier II site, the City Planning Commission may authorize variations in the grading controls set forth in Section 119-213.

In order to grant such authorization, the Commission shall find that:

(a)        the development, enlargement or site alteration is not feasible without such modifications, or that the requested modifications will permit a development, enlargement or site alteration that satisfies the purposes of this Chapter;

(b)        such modification is the least modification required to achieve the purpose for which it is granted;

(c)        the requested modification has minimal impact on the existing natural topography and vegetation and blends harmoniously with it;

(d)        the requested modification will not disturb the drainage pattern and soil conditions of the area;

(e)        the proposed modification does not impair the essential character of the surrounding area; and

(f)        the benefits to the surrounding area from the proposed modification outweigh any disadvantages that may be incurred thereby in the area.

For any development, enlargement or site alteration, the City Planning Commission may authorize variations in the requirements for private roads and driveways on any Tier II site as set forth in Section 119-214 (Tier II requirements for driveways and private roads) as well as the requirements of Sections 25-621 (Location of parking spaces in certain districts), 25-624 (Special parking regulations for certain community facility uses in lower density growth management areas) and 25-631 (Location and width of curb cuts in certain districts).

In order to grant such authorizations, the Commission shall find that:

(a)        the development or enlargement is not feasible without such modification, or that the requested modification will permit a development, enlargement or site alteration that satisfies the purposes of this Chapter;

(b)        such modification is the least modification required to achieve the purpose for which it is granted;

(c)        the requested modification will not disturb the drainage pattern and soil conditions of the area;

(d)        the requested modification has minimal impact on the existing natural topography and vegetation and blends harmoniously with it; and

(e)        such modification will enhance the quality of the design of the development, enlargement or site alteration.

For any development or enlargement subject to Section 119-20 (PROVISIONS REGULATING TIER II SITES), the City Planning Commission may authorize variations in required front, rear or side yards, variations in required space between buildings on the same zoning lot and modifications in the underlying district height and setback regulations.

In order to grant such authorizations, the Commission shall find that:

(a)        development is not feasible without such modification, or that the requested modification will permit a development, enlargement or site alteration that better satisfies the purposes of this Chapter;

(b)        such modification is the least modification required to achieve the purpose for which it is granted; and

(c)        the proposed bulk and placement of buildings and the proposed arrangement of open spaces will not have significant adverse effects upon the light, air and privacy for existing development in adjacent areas or the opportunities therefor in future development.

Upon application, the City Planning Commission may authorize site alterations, the construction of new park-related facilities such as, but not limited to, roadways, parking lots, comfort stations, storage facilities, swimming pools, eating establishments, tennis courts, amphitheaters and stadiums, and improvements to existing park-related facilities.

In order to grant such authorizations, the Commission shall find that the proposed action:

(a)        will have a minimal impact on the existing natural topography of the surrounding area and will blend harmoniously with it;

(b)        will have minimal impact on the drainage pattern and soil conditions in the area;

(c)        will preserve to the greatest extent possible the trees and vegetation within the park; and

(d)        is compatible with the neighborhood character of the area.

An application to the Commission for an authorization pursuant to this Section shall include the following:

(1)        a survey map prepared by a licensed surveyor showing existing topography at the two-foot contour intervals;

(2)        a site plan prepared by a registered architect, registered landscape architect or professional engineer indicating the location of all existing buildings or other structures, the location of all proposed buildings or other structures, the location of all understory including shrubs and ground cover, and the caliper and species of all individual trees of six-inch caliper or more; and

(3)        any other information necessary to evaluate the request.

In issuing authorizations under this Section, the Commission may impose conditions or safeguards, such as special landscape requirements, to minimize adverse effects on the character of the Special Hillsides Preservation District.

The City Planning Commission may grant special permits for modification of the underlying district regulations in accordance with the provisions of Section 119-321 (Modification of use regulations).

For any Tier II site, the City Planning Commission may grant special permits to allow single-family semi-detached residences in R1 and R2 Districts, single-family attached residences in R1, R2 and R3-1 Districts or two-family attached residences in R3-1 Districts.

As a condition for granting such special permits, the minimum required lot area of the underlying district shall not be reduced, and the aggregate width of street walls of a building, or a number of buildings separated by party walls, shall not exceed 100 feet.

In order to grant such special permits, the Commission shall find that:

(a)        development is not feasible without such modifications, or that the requested modification will permit a development, enlargement or site alteration that better satisfies the purposes of this Chapter;

(b)        the change of housing type requested constitutes the most effective method of preserving the existing topography and vegetation;

(c)        the preservation of existing topography and vegetation requires the permitted development to be concentrated, to the extent feasible, in the remaining portion of the tract;

(d)        for such concentration of development, better standards of privacy and usable open space can be and are achieved under the development plan by inclusion of the proposed building type;

(e)        such modification is the least modification required to achieve the purpose for which it is granted;

(f)        the proposed street or private road system for the development is so located as to draw a minimum of vehicular traffic to and through streets in the adjacent area;

(g)        the siting of the building or buildings will not adversely affect adjacent properties by impairing privacy or access of light and air; and

(h)        the existing topography and vegetation and the proposed planting effectively screen all attached one-family residences from the lot lines along the development perimeter.

The Commission may impose appropriate conditions or safeguards, such as special landscaping requirements, to minimize any adverse effects on the character of the surrounding area.

All developments, enlargements or site alterations that require a special permit pursuant to this Section shall also be subject to the provisions of Sections 119-33 (Special Erosion and Sedimentation Prevention Requirements for Certain Authorizations and Special Permits) and 119-34 (Special Submission Requirements for Certain Authorizations and Special Permits).

Any development, enlargement or site alteration that requires an authorization or special permit and that is subject to the provisions of Section 119-20 (PROVISIONS REGULATING TIER II SITES), shall be subject to the provisions of this Section. The requirements of this Section shall supplement any other requirements that also must be met.

Prior to construction, at least one of the erosion and sedimentation control measures described in paragraphs (a) through (e) of the Section shall be selected. A plan describing how the selected erosion and sedimentation control measure will be implemented and justifying its selection on the basis of the particular conditions of the site shall be prepared by a professional engineer and submitted to the City Planning Commission.

(a)        Benches and berms

These are level terraces or ledges constructed across sloping land to provide a relatively flat construction site or to reduce the length and grade of the slope. Benches and berms reduce runoff and erosion hazards by slowing down the velocity of water and providing greater intake opportunity.

(b)        Diversion channels

These are earth channels with a supporting ridge on the lower side constructed across the slope lengths to break up concentration of runoff and move water to stable outlets at a non-erosive velocity.

(c)        Debris or sediment basins

These consist of a dam or embankment, a pipe outlet and an emergency spillway situated at the low corner of the site to provide a temporary means of trapping and storing sediment while releasing the water. They protect property below the installation from damage by excessive sedimentation and debris.

(d)        Retention ponds

These are impoundment-type ponds that temporarily store runoff water and release it at rates that minimize erosion and prevent flooding. They may be located above the site to trap water before it enters the area or within the site to protect properties below the site.

(e)        Grassed waterways or outlets

These are natural or excavated channels to dispose of excess runoff water from diversions, berms, benches and other areas at non-erosive velocities. Waterways or outlets are shaped or graded and established in suitable vegetation as needed, depending on the supplemental measure used to slow the velocity of runoff.

When a development, enlargement or site alteration is subject to the provisions of Section 119-20 (PROVISIONS REGULATING TIER II SITES), an application to the City Planning Commission for an authorization or special permit shall include the following submission requirements. These requirements shall be in addition to the requirements set forth in Section 119-22 (Tier II Submission Requirements).

(a)        A drainage plan and soil report prepared by a professional engineer to protect natural features. The drainage plan shall describe the temporary (during construction) and permanent measures to collect, direct and discharge stormwater drainage from the site, indicating the direction of drainage flow and providing detailed plans and locations of all surface and subsurface drainage devices, walls, dams, sediment basins, stormwater storage (detention and retention) facilities, and other drainage facilities and protective devices. Such report shall include an estimate of runoff from the site after completion of proposed developments, enlargements or site alterations and provide a description with supporting information of the manner in which the proposed development, enlargement or site alteration complies with the requirements of Local Law 103 of 1989.

(b)        An erosion and sedimentation plan as described in Section 119-33 (Special Erosion and Sedimentation Prevention Requirements for Certain Authorizations and Special Permits).

(c)        For any development or site alteration on a tract of land 40,000 square feet or greater, a landscape plan prepared by a registered landscape architect that shows the location and species of all new plantings of trees, shrubs and ground covers and the proposed method of preserving existing trees, shrubs and ground covers.

(d)        Any other information the Commission may deem necessary to evaluate the request.

The applicant's submission shall also include a statement admitting authorized Department of City Planning personnel to the site for the purposes of recording or verifying survey data.

Where a permit other than a building permit is required for a development, enlargement or site alteration within the Special Hillsides Preservation District from any City agency, an application for such permit shall be filed simultaneously with such agency and the City Planning Commission.

No permanent certificate of occupancy shall be granted unless an inspection report, verifying that the requirements of Sections 119-20 (PROVISIONS REGULATING TIER II SITES) and 119-30 (SPECIAL REVIEW PROVISIONS) have been met, is filed with the Department of Buildings by a registered landscape architect, licensed surveyor or professional engineer.

In the event that a development, enlargement or site alteration is undertaken, or has been undertaken, contrary to the provisions of this Chapter, any permit issued by the Department of Buildings for any use, development, enlargement or site alteration on the affected zoning lot shall be revoked.

No building permit or permanent certificate of occupancy shall be issued by the Department of Buildings for any use, development, enlargement or site alteration on such zoning lot until the violations are removed from the zoning lot, pursuant to a restoration plan certified by the City Planning Commission.

If such violations have not ceased within 90 days of receipt of the Commission's requirements, the Department of Buildings shall institute such action as may be necessary to prosecute the violations. For compliance with restoration requirements to remove violations, the Department of Buildings may allow an additional 90 days.

Where on-site restoration of vegetation would result in overcrowding or would adversely affect the ecology of the site, the Commission may authorize planting of one or more trees on adjoining public sidewalks or in a nearby public area within the Special Hillsides Preservation District. The Commission may also allow the substitution of other plant material, provided a detailed landscaping plan is filed with the Commission for approval and certification.

Ground Covers

BOTANICAL NAME

COMMON NAME

Adiantum pedatum

Maidenhair fern

Agrostis perennans (A. altissima)

Autumn bent-grass

Anaphalis margaritacea

Pearly everlasting

Andropogon gerardii

Big bluestem

Andropogon glomeratus

Bushy bluestem

Andropogon virginicus

Broom Sedge

Anemone canadensis

Canada anemone

Antennaria plantaginifolia

Plantain-leaved pussytoes

Arctostaphylos uvaursi

Bearberry

Asarum canadense

Wild ginger

Aster cordifolius

Heart-leaved aster

Aster divericatus

White wood aster

Aster ericoides

Heath aster

Aster lanceolatus (A. simplex)

Lined aster

Aster macrophyllus

Large-leaved aster

Aster novae angliae

New England aster

Athyrium filix femina (A. asplenoides)

Lady fern

Athyrium thelypteroides

Silvery glade fern

Carex appalachica (C. radiata)

Sedge

Carex pensylvanica

Pennsylvania sedge

Chimaphila maculata

Spotted or stripped wintergreen/Pipsissewa

Chimaphila umbellata

Pipsissewa, Prince's pine, Bitter wintergreen

Chrysopsis mariana

Maryland golden aster

Danthonia compressa

Flattened oat grass

Danthonia spicata

Oatgrass, Poverty grass

Dennstaedtia punctilobula

Hay-scented fern

Deschampsia cespitosa

Tufted hair grass

Deschampsia flexuosa

Common hair grass, Crinkled hair grass

Dryopteris intermedia

Common wood fern

Dryopteris marginalis

Marginal wood fern, Leatherleaf wood fern

Erigeron philadelphicus

Daisy fleabane

Eupatorium maculatum

Spotted JoePye weed

Eupatorium rugosum

White snakeroot

Eupatorium sessilifolium

Upland boneset

Fragaria virginiana

Wild strawberry, Virginia strawberry

Gaultheria hispidula

Creeping snowberry, Creeping pearl berry

Gaultheria procumbens

Wintergreen, Teaberry, Checkerberry

Geranium maculatum

Wild geranium, Spotted cranesbill

Geum canadense

White avens, Winter rosette

Heuchera americana

Hairy alum root, Rock geranium

Hypericum ellipticum

Pale St. John's Wort

Muhlenbergia schreberi

Nimblewill

Oenothera fruticosa

Sundrops, Wild beet, Suncups, Scabish

Onoclea sensibilis

Sensitive fern, Bead fern

Osmunda claytoniana

Interrupted fern

Panicum clandestinum

Deer tongue grass

Panicum virgatum

Switch grass, Wild red top, Thatch grass

Parthenocissus quinquefolia

Virginia creeper, Woodbine, American ivy

Phlox subulata

Mountain phlox, Moss pink, Moss phlox

Polygonatum biflorum

Smooth Solomon's seal, True King Solomon's seal

Polygonatum virginianum (Tovaria v.)

Jumpseed

Polypodium virginianum

P. vulgare, Rocky polypody, Am. wall fern

Polystichum acrostichoides

Christmas fern, Dagger fern, Canker break

Rudbeckia hirta var. hirta

Black-eyed Susan

Rudbeckia triloba

Thin-leaved cone flower

Thelypteris noveboracensis

New York fern

Tiarella cordifolia

Allegheny foamflower, False mitrewort

Tradescantia virginiana

Virginia Spiderwort, Common S., Widow's tears

Verbena hastata

Blue vervain

Vernonia noveboracensis

New York ironweed

Verbesina alternifolia (Actinomeria a.)

Wingstem

Viola sororia

Woolly blue violet sister violet, Dooryard violet

Shrubs

Amelanchier canadensis

Shadblow

Amelanchier laevis (A. arborea)

Serviceberry, Allegheny

Aronia arbutifolia

Red chokeberry

Aronia melanocarpa

Black chokeberry

Clethra alnifolia

Sweet pepperbush, Summersweet

Comptonia peregrina

Sweet fern, Meadow fern, Spleenwort bush

Cornus amomum

Silky dogwood

Cornus racemosa

Gray dogwood, Red-panicled dogwood

Cornus sericea (C. stolonifera)

Red osier dogwood

Corylus americana

American hazelnut

Corylus cornuta

Beaked hazelnut

Diervilla lonicera

Bush honeysuckle, Blue herb, Gravel weed

Hamamelis virginiana

Witch hazel

Ilex glabra

Inkberry, Gallberry

Ilex verticillata

Winterberry

Juniperus communis

Common juniper

Juniperus horizontalis

Creeping juniper, Creeping cedar/Savin

Kalmia angustifolia

Sheep laurel

Kalmia latifolia

Mountain laurel

Lindera benzoin

Spice bush

Myrica pensylvanica

Northern bayberry

Physocarpus opulifolius

Common ninebark

Potentilla fruticosa

Cinquefoil, Bush cinquefoil

Rhododendron maximum

Great laurel

Rhododendron periclymenoides

Pinkster azalea

Rhododendron viscosum

Swamp azalea

Rhus aromatica

Fragrant sumac, Sweet scented sumac/Lemon sumac

Rhus copallina

Winged sumac

Rhus glabra

Smooth sumac

Rhus typhina

Staghorn sumac

Rosa blanda

Smooth rose, Meadow rose

Rubus allegheniensis

Common blackberry, Allegheny blackberry

Salix humilis

Prairie willow

Salix lucida

Shining willow

Sambucus canadensis

American elderberry

Spirea tomentosa

Hardhack spirea

Vaccinium angustifolium

Lowbush blueberry

Vaccinium corymbosum

Highbush blueberry

Viburnum acerifolium

Maple leaf viburnum

Viburnum alnifolium (V. Lantanoides)

Hobble bush

Viburnum dentatum

Arrowwood viburnum

Viburnum lentago

Nanny-berry

Viburnum prunifolium

Black-haw

Small Trees

BOTANICAL NAME

COMMON NAME

Amelanchier laevis

Serviceberry

Betula nigra

River birch

Betula populifolia

Grey birch

Carpinus caroliniana

Hornbeam

Cercis canadensis

Eastern redbud

Cornus florida

Flowering dogwood

Crataegus crus-galli inermis

Thornless cockspur hawthorn

Crataegus phaenopyrum

Washington hawthorn

Hamamelis virginiana

Witch hazel

Ilex opaca

American holly

Juniperus virginiana

Eastern red cedar

Populus tremuloides

Quaking aspen

LARGE TREES

BOTANICAL NAME

COMMON NAME

Acer rubrum

Red maple

Acer saccharum

Sugar maple

Betula lenta

Black/Sweet birch

Betula papyrifera

Paper birch

Celtis occidentalis

Common hackberry

Chamaecyparis thyoides

Cedar, Atlantic white

Fagus grandifolia

American beech tree

Fraxinus americana

Ash, white

Fraxinus pennsylvanica

Ash, green

Larix laricina

Tamarack/American larch

Liquidambar styraciflua

Sweet gum

Liriodendron tulipifera

Tulip tree

Nyssa sylvatica

Black tupelo

Picea rubens

Spruce, red

Pinus resinosa

Pine, red

Pinus rigida

Pine, pitch

Pinus strobus

Pine, eastern white

Platanus occidentalis

American sycamore

Populus deltoides

Eastern cottonwood

Populus grandidentata

Aspen, big toothed

Quercus alba

White oak

Quercus borealis

Northern red oak

Quercus palustris

Pin oak

Quercus phellos

Willow oak

Quercus prinus

Chestnut oak

Quercus rubra

Red oak

Tilia americana

Basswood

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