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 The regulations of all other chapters of this Resolution are applicable except as modified, supplemented or superseded by the provisions of this Chapter.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 Chapter, matters in italics are defined in Sections 12-10 (DEFINITIONS), 32-301 (Definitions), and 66-11 (Definitions), except where explicitly stated otherwise in individual provisions in this Chapter.

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        Streetscape Regulations

Map 3        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.

To carry out the provisions of this Chapter, the Core Subdistrict is established. The location and boundaries of this Subdistrict is shown on Map 1 (Special Downtown Jamaica District) in the Appendix to this Chapter.  

For the purposes of applying the Inclusionary Housing Program provisions set forth in Section 27-10 (ADMINISTRATION OF AFFORDABLE HOUSING), inclusive, Mandatory Inclusionary Housing areas within the Special Downtown Jamaica District are shown on the maps in APPENDIX F of this Resolution.

In the Special Downtown Jamaica District, M1 Districts are paired with a Residence District. In paired districts, the special use, bulk, and parking and loading provisions of Article XII, Chapter 3 (Special Mixed Use District) shall apply, except where modified by the provisions of this Chapter. 

Notwithstanding the provisions of Section 123-10 (GENERAL PROVISIONS), in the event of a conflict between the provisions of this Chapter and the provisions of Article XII, Chapter 3, the provisions of this Chapter shall control.

The underlying use regulations shall be modified as follows:

1. in M1 Districts paired with a Residence District, uses listed under Use Group VI with a size limitation, as denoted with an “S” in the Use Group tables set forth in Section 42-16 (Use Group VI – Retail and Services), shall be permitted without size limitation;
2. in M2 Districts, no associated size limitations shall apply to grocery and convenience retailers and specialty food retailers, as listed under Use Group VI;
3. in C4, C6, M1 Districts paired with a Residence District and all Manufacturing Districts, public parking garages, as listed in Use Group IX, with a capacity of 150 spaces or less, shall be permitted as-of-right; and
4. in M1 and M2 Districts, uses listed under Use Groups IV(B), IX and X, along with uses in Use Group VI that are listed in paragraph (c) of Section 42-163 (Use Group VI – uses subject to additional conditions) shall be located within a completely enclosed building.

In C4 and C6 Districts, the provisions of paragraph (d) of Section 32-422 (Location of floors occupied by commercial uses) shall be modified such that eating or drinking establishments listed under Use Group VI shall be permitted on a story above dwelling units.

The underlying ground floor level streetscape provisions set forth in Section 32-30 (STREETSCAPE REGULATIONS), inclusive, shall apply, except that ground floor level street frontages along streets, or portions thereof, designated on Map 2 (Streetscape Regulations) in Appendix A of this Chapter shall be considered Tier C street frontages, and all other frontages in applicable Commercial Districts or in M1 Districts paired with a Residence District shall be considered Tier B street frontages.

However, for the portion of a zoning lot fronting along 164th Street between Jamaica Avenue and Archer Avenue, or fronting along 92nd Road between 164th Street and 165th Street, the streetscape provisions of this Section and of Section 32-30 (STREETSCAPE REGULATIONS) need not apply.

The underlying floor area regulations shall be modified as follows:

1. the maximum floor area ratio permitted for commercial uses shall be 8.0 in C6-3 Districts and 12.0 in C6-4 Districts;
2. in all Districts, the maximum floor area ratio permitted for residential uses shall be as set forth pursuant to the underlying district regulations, except that sky exposure plane buildings shall not be permitted;
3. the maximum floor area ratios may only be exceeded where:
   1. a floor area bonus for mass transit station improvements is granted by the City Planning Commission pursuant to the provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements); or
   2. a floor area bonus for a public plaza is granted by the City Planning Commission in accordance with the provisions of Section 115-52 (Authorization for a Public Plaza); and
4. for zoning lots with a lot area of at least 20,000 square feet, up to 150,000 square feet of floor space within a public school constructed in whole or in part pursuant to a written 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.

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.

The underlying height and setback regulations shall apply except as modified by the provisions of this Section, inclusive.

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 3 (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 3. 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.

The underlying parking and loading provisions shall be modified as follows:

1. permitted or required off-street parking spaces accessory to residences may be provided 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; and
2. along Tier C street frontages, as shown on Map 2 in the Appendix to this Chapter, all curb cuts accessing off-street parking or loading spaces shall be subject to the provisions for R8 Districts set forth in Section 25-631 (Location and width of curb cuts in certain districts).