Chapter 7 - Special Long Island City Mixed Use District (LIC)

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

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.

117-01

Definitions

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 The regulations of all other Chapters of this Resolution are applicable, except as modified, supplemented or superseded by the provisions of this Chapter.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

117-04

Subdistricts

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.

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.

117-503

Definitions

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.

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 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 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.

(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.

Appendix A

Special Long Island City Mixed Use District and Subdistricts

District and Subdistricts

Zoning Resolutions Chapter 7: Special Long Island City Mixed Use District Appendix A.0

Permitted Sidewalk Cafe Locations

Zoning Resolutions Chapter 7: Special Long Island City Mixed Use District Appendix A.1

Appendix B

Court Square Subdistrict Plan Map and Description of Improvements

Zoning Resolutions Chapter 7: Special Long Island City Mixed Use District Appendix B.0

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.

Appendix C

Queens Plaza Subdistrict Plan Maps

        

(12/19/01)

Map 1: Designated Districts within the Queens Plaza Subdistrict

Zoning Resolutions Chapter 7: Special Long Island City Mixed Use District Appendix C.0

        

(8/13/15)

Map 2: Ground Floor Use and Frontage

Zoning Resolutions Chapter 7: Special Long Island City Mixed Use District Appendix C.1

        

(8/13/15)

Map 3: Sidewalk Widening and Street Wall Location

Zoning Resolutions Chapter 7: Special Long Island City Mixed Use District Appendix C.2

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