117-02

General Provisions

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 The regulations of all other Chapters of this Resolution are applicable, except as modified, supplemented or superseded by the provisions of this Chapter.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

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