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 The regulations of all other chapters of this Resolution are applicable except as modified, supplemented or superseded by the provisions of this Chapter.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. However, for transit-adjacent sites or qualifying transit improvement sites, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI, Chapter 6 shall control. For the purposes of this paragraph, defined terms additionally include those in Section 66-11 (Definitions).

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 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 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; or

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

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.

In C6-4 Districts, the underlying floor area ratio provisions shall apply to community facility uses. For commercial uses, the maximum floor area ratio shall be 12.0.

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.

For developments or enlargements on qualifying transit improvement sites, a floor area bonus for mass transit station improvements may be granted by the City Planning Commission pursuant to the provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements). No other floor area bonuses shall apply. For the purposes of this paragraph, defined terms additionally include those in Section 66-11 (Definitions).

(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 regulations for Inclusionary Housing designated areas) or Section 115-212 (Special regulations for Mandatory Inclusionary Housing areas), as applicable, for the district. In addition, for developments or enlargements on qualifying transit improvement sites, a floor area bonus for mass transit station improvements may be granted by the City Planning Commission pursuant to the provisions of Section 66-51. Such bonuses may be applied separately or in combination. For the purposes of this paragraph, defined terms additionally include those in Section 66-11.

(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.

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 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.

Within the Special Downtown Jamaica District, the underlying 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.

(c)        MIH sites

For residential uses on MIH sites, the provisions of paragraphs (a)(4), (b)(2) and (b)(3) of this Section shall not apply. In lieu thereof, the underlying off-street parking provisions shall apply.

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.

Between 160th Street and a point 205 feet east of 160th Street along Archer Avenue, The City Planning Commission may authorize, subject to the applicable zoning district regulations, curb cuts that are prohibited by Section 115-52 (Location of Access to the Street), provided the Commission finds that a curb cut at such location:

(a)        is not hazardous to traffic safety;

(b)        will not create or contribute to serious traffic congestion, or unduly inhibit vehicular movement;

(c)        will not adversely affect pedestrian movement;

(d)        will not interfere with the efficient functioning of bus lanes, specially designated streets and public transit facilities; and

(e)        will not be inconsistent with the character of the existing streetscape.

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