Chapter 5 - Special Downtown Jamaica District (DJ)

The City of New York
Bill de Blasio, Mayor
City Planning Commission
Marisa Lago, Chair

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 The regulations of all other chapters of this Resolution are applicable except as modified, supplemented or superseded by the provisions of this Chapter.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.

Appendix A

Special Downtown Jamaica District Maps

(9/10/07)

Map 1 — Special Downtown Jamaica District

Zoning Resolutions Chapter 5: Special Downtown Jamaica District Appendix A.0

        

(4/9/13)

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

Zoning Resolutions Chapter 5: Special Downtown Jamaica District Appendix A.1

        

(4/9/13)

Map 3 — Street Wall Location

Zoning Resolutions Chapter 5: Special Downtown Jamaica District Appendix A.2

        

(4/9/13)

Map 4 — Street Wall Height

Zoning Resolutions Chapter 5: Special Downtown Jamaica District Appendix A.3

        

(9/10/07)

Map 5 — Maximum Building Height

Zoning Resolutions Chapter 5: Special Downtown Jamaica District Appendix A.4

        

(4/9/13)

Map 6 — Sidewalk Widening

Zoning Resolutions Chapter 5: Special Downtown Jamaica District Appendix A.5

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