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Chapter 3 - Special Mixed Use District (MX-1), (MX-2), (MX-4), (MX-5), (MX-6), (MX-7), (MX-8), (MX-9), (MX-10), (MX-11), (MX-12), (MX-13), (MX-14), (MX-15), (MX-16), (MX-17) , (MX-20)

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

The "Special Mixed Use District" regulations established in this Chapter of the Resolution are designed to promote and protect public health, safety and general welfare. These general goals include, among others, the following specific purposes:

(a)        to encourage investment in mixed residential and industrial neighborhoods by permitting expansion and new development of a wide variety of uses in a manner ensuring the health and safety of people using the area;

(b)        to promote the opportunity for workers to live in the vicinity of their work;

(c)        to create new opportunities for mixed use neighborhoods;

(d)        to recognize and enhance the vitality and character of existing and potential mixed use neighborhoods; and

(e)        to promote the most desirable use of land in accordance with a well-considered plan and thus conserve the value of land and buildings and thereby protect City tax revenues.

The provisions of this Chapter shall apply within the Special Mixed Use District. The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter.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.

In Special Mixed Use Districts, an M1 District is paired with a Residence District, as indicated on the zoning maps.

The designated Residence Districts in Special Mixed Use Districts shall not include either an R1 or an R2 District.

123-11

Definitions

Definitions specifically applicable to this Chapter are set forth in this Section. The definitions of other defined terms are set forth in Section 12-10 (DEFINITIONS).

 

Accessory use

In addition to those "accessory uses" listed in Section 12-10 (DEFINITIONS), for the purposes of this Chapter, an accessory use shall also include a dwelling unit in connection with any commercial, manufacturing or community facility establishment permitted in Special Mixed Use Districts, pursuant to Section 123-20 (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

For the purposes of this Chapter, 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.

 

Mixed use building

For the purposes of this Chapter, a "mixed use building" is a building in the Special Mixed Use District used partly for manufacturing, commercial or community facility use and partly for residential use.

In Special Mixed Use Districts, all uses permitted in the designated Residence District and all uses permitted in the designated M1 District, as set forth in any other provision of this Resolution other than Special Purpose Districts, shall be permitted, except as superseded, modified or supplemented by this Section and provided that signs shall comply with the requirements of Section 123-40 (SIGN REGULATIONS).

The uses listed in Use Group 2, and the following uses listed in Use Groups 3 and 4: college or school student dormitories and fraternity or sorority student houses, long-term care facilities, philanthropic or non-profit institutions with sleeping accommodations, monasteries, convents or novitiates, non-profit hospital staff dwellings without restriction on location, and non-profit or voluntary hospitals, may only locate in the same building as, or share a common wall with a building containing, an existing manufacturing or commercial use, upon certification by a licensed architect or engineer to the Department of Buildings that such manufacturing or commercial use:

(a)        does not have a New York City or New York State environmental rating of "A", "B" or "C" under Section 24-153 of the New York City Administrative Code for any process equipment requiring a New York City Department of Environmental Protection operating certificate or New York State Department of Environmental Conservation state facility permit; and

(b)        is not required, under the City Right-to-Know Law, to file a Risk Management Plan for Extremely Hazardous Substances.

The uses in Use Groups 16, 17 and 18 shall be permitted in the Special Mixed Use District in accordance with the applicable district use regulations, subject to the modifications of Sections 123-221 (Uses permitted as-of-right), 123-222 (Uses permitted with restrictions) and 123-223 (Excluded uses).

From Use Group 16A:

Automobile, motorcycle, trailer or boat sales, open or enclosed

Building materials sales, open or enclosed, limited to 10,000 square feet of lot area per establishment, provided that not more than 5,000 square feet of such lot area is used for open storage

Electrical, glazing, heating, painting, paper hanging, plumbing, roofing, or ventilating contractors' establishments, open or enclosed, with open storage limited to 5,000 square feet of lot area per establishment

Glass cutting shops

Household or office equipment or machinery repair shops, such as refrigerators, washing machines, stoves, deep freezers or air conditioning units

Ice or wood sales, open or enclosed, limited to 5,000 square feet of lot area per establishment

Machinery rental or sales establishments

Motorcycle or motor scooter rental establishments

Poultry or rabbit killing establishments, for retail sale on the same zoning lot only

Riding academies, open or enclosed

Stables for horses

Trade schools for adults, except those using substances in quantities required under the City Right-to-Know Law to file a Risk Management Plan for Extremely Hazardous Substances

From Use Group 16B:

Automobile, truck, motorcycle or trailer repairs, excluding body repair

Automobile laundries, provided that the zoning lot contains reservoir space for not less than 10 automobiles per washing lane

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:

Commercial or public utility vehicle storage, open or enclosed, including accessory motor fuel pumps

Dead storage of motor vehicles

From Use Group 16D:

Diaper supply establishments

Laundries, except medical or laboratory

Linen or towel supply establishments, where cleaning is done on a separate zoning lot

Moving or storage offices, with no limitation as to storage or floor area per establishment

Packing or crating establishments, except for the packing or crating of substances in quantities required under the City Right-to-Know Law to file a Risk Management Plan for Extremely Hazardous Substances

Trucking terminals or motor freight stations, limited to 20,000 square feet of lot area per establishment

Warehouses, except for the warehousing of substances in quantities required under the City Right-to-Know Law to file a Risk Management Plan for Extremely Hazardous Substances

Wholesale establishments, with no limitation on accessory storage, except for wholesale establishments selling, as part of their stock, substances in quantities required under the City Right-to-Know Law to file a Risk Management Plan for Extremely Hazardous Substances, if they are stored on the same zoning lot

From Use Group 17A:

Building materials or contractor's yards, open or enclosed, 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, and provided that any yard in which such use is conducted is completely enclosed on all sides by a solid opaque fence or wall (including opaque solid entrance and exit gates) of suitable uniform material and color, at least eight feet in height and constructed in accordance with rules and regulations to be promulgated by the Commissioner of Buildings

Produce or meat markets, wholesale

From Use Group 17B (Manufacturing Establishments):

Apparel or other textile products from textiles or other materials, including hat bodies or similar products

Bottling work, for all beverages

Canvas products, not involving the manufacturing of canvas

Cork products

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, natural

Jute, hemp, sisal or oakum products

Mattresses, including rebuilding or renovating

Scenery construction

Shoddy

Soap or detergents, packaging only

Textiles, spinning, weaving, manufacturing, knit goods, yarn, thread or cordage, not involving printing or dyeing

Upholstering, bulk, excluding upholstering shops dealing directly with consumers

Wax products

From Use Group 17C:

Agriculture, including greenhouses, nurseries or truck gardens

Docks for passenger ocean vessels

Docks for sightseeing, excursion or sport fishing vessels, with no limitation on vessel or dock capacity

Docks for vessels not otherwise listed

Public transit, railroad or electric utility substations, open or enclosed, with no limitations as to size

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

Truck weighing stations, open or enclosed

Trucking terminals or motor freight stations, with no limitation on lot area per establishment

From Use Group 18:

Breweries, limited to 10,000 square feet of floor area per establishment

Uses accessory to the preceding listed uses

The following uses from Use Groups 16 and 17 are permitted in Special Mixed Use Districts subject to the certification requirements and locational restrictions of this Section:

From Use Group 16A:

Animal hospitals or kennels

Blacksmith shops

Carpentry, custom woodworking or custom furniture making shops

Fuel, oil, or coal sales, open or enclosed, limited to 5,000 square feet of lot area per establishment

Mirror silvering shops

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, that use substances in quantities required under the City Right-to-Know Law to file a Risk Management Plan for Extremely Hazardous Substances

From Use Group 16B:

Automobile, truck, motorcycle or trailer body repairs, provided such use is conducted within a completely enclosed building

From Use Group 16D:

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, medical or laboratory

Linen or towel supply establishments, where cleaning is done on the same zoning lot

Packing or crating establishments for substances in quantities required under the City Right-to-Know Law to file a Risk Management Plan for Extremely Hazardous Substances

Photographic developing or printing, with no limitation on floor area per establishment

Warehouses for substances in quantities required under the City Right-to-Know Law to file a Risk Management Plan for Extremely Hazardous Substances

Wholesale establishments selling, as part of their stock, substances in quantities required under the City Right-to-Know Law to file a Risk Management Plan for Extremely Hazardous Substances, with no limitation on accessory storage

From Use Group 17B (Manufacturing Establishments):

Adhesives, excluding manufacture of basic components

Advertising displays

Aircraft, including parts

Automobiles, trucks or trailers, including parts or rebuilding of engines

Beverages, non-alcoholic

Boats less than 200 feet in length, building or repair, open or enclosed, provided that such use or portion thereof may be conducted outside a completely enclosed building only if located at a distance greater than 200 feet from a Residence District boundary, or if effectively screened by a wall or fence at least eight feet in height with no boat building located less than 30 feet from a Residence District boundary

Brushes or brooms

Cameras or other photographic equipment, except film

Canvas

Carpets

Ceramic products, including pottery, small glazed tile, or similar products

Chemicals, compounding or packaging

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 packaging

Ice, dry

Ink or inked ribbon

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

Metal finishing, plating, grinding, sharpening, polishing, cleaning, rust-proofing, heat treatment, or similar products

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

Silverware, plate or sterling

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, dyeing or printing

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

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

Wood products, including furniture, boxes, crates, baskets, pencils, cooperage works, or similar products

Uses accessory to the preceding listed uses

Any use from Use Group 16 or 17, listed in this Section, may only locate in a building enlarged or developed after December 10, 1997, containing a use listed in Section 123-21 (Modification of Use Groups 2, 3 and 4), or share a common wall with such building, upon certification by a licensed architect or engineer to the Department of Buildings that any such use listed in Use Group 16 or 17:

(a)        does not have a New York City or New York State environmental rating of "A", "B" or "C" under Section 24-153 of the New York City Administrative Code for any process equipment requiring a New York City Department of Environmental Protection operating certificate or New York State Department of Environmental Conservation state facility permit; and

(b)        is not required, under the City Right-to-Know Law, to file a Risk Management Plan for Extremely Hazardous Substances.

123-223

Excluded uses

The following uses listed in Use Groups 16 and 18 shall not be allowed in Special Mixed Use Districts:

From Use Group 16A:

Animal pounds or crematoriums

Crematoriums, human

From Use Group 16C:

Public transit yards, open or enclosed, including accessory motor fuel pumps

From Use Group 18:

Any use listed in Use Group 18, except that breweries limited to 10,000 square feet of floor area shall be permitted as-of-right

Uses accessory to the preceding listed uses

In the event that provisions of this Resolution permit a use by special permit, authorization or certification in both designated M1 and Residence Districts, no more than one special permit, authorization or certification is required to permit any such use in the Special Mixed Use District.

In the event that a provision of this Resolution permits a use by special permit, authorization or certification in either a designated M1 or Residence District and another provision permits such use without a special permit, authorization or certification in the other designated district, no special permit, certification or authorization shall be required in the Special Mixed Use District. In such case, the bulk regulations of the district allowing the use as-of-right shall control.

In Special Mixed Use Districts, in any building or portion of a building occupied by residential uses, commercial or manufacturing uses may be located only on a story below the lowest story occupied by dwelling units, except that this limitation shall not preclude the:

(a)        extension of a permitted business sign, accessory to such non-residential use, to a maximum height of two feet above the level of a finished floor of the second story, but in no event higher than six inches below the lowest window sill on the second story;

(b)        location of commercial or manufacturing uses on the same story, or on a story higher than that occupied by dwelling units, in buildings in existence on or prior to December 10, 1997, that are partially converted to residential use pursuant to paragraph (a) of Section 123-67 (Residential Conversion), or were previously so converted pursuant to Article I, Chapter 5 (Residential Conversion Within Existing Buildings); or

(c)        location of commercial or manufacturing uses on the same story, or on a story higher than that occupied by dwelling units, provided that the commercial or manufacturing uses are:

(1)        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)        not located directly over any portion of a building containing dwelling units.

In Special Mixed Use Districts, all new dwelling units shall be provided with a minimum 35dB(A) of window wall attenuation to maintain an interior noise level of 45dB(A) or less, with windows closed, and shall provide an alternate means of ventilation. However, upon application to the Office of Environmental Remediation (OER) by the owner of the affected building, consistent with its authority under the provisions of Section 11-15 (Environmental Requirements) with respect to (E) designations, OER may modify the requirements of this Section, based upon new information, additional facts or updated standards, as applicable, provided that such modification is equally protective. In such instances, OER shall provide the Department of Buildings with notice of such modification, stating that it does not object to the issuance of a building permit, or temporary or final certificate of occupancy.

In Special Mixed Use Districts, the provisions regulating signs in C6-1 Districts, as set forth in Section 32-60 (SIGN REGULATIONS), shall apply for any sign. For the purposes of applying such regulations in Special Mixed Use Districts, all references to mixed buildings shall include mixed use buildings.

In MX-9 Districts, the provisions of this Section shall apply, except that the City Planning Commission may permit the modification of the applicable provisions of Sections 32-64 (Surface Area and Illumination Provisions) and 32-65 (Permitted Projection or Height of Signs), provided the Commission finds that such signs are consistent with the character of the surrounding area. However, no modification shall be made to the applicable provisions of Section 32-644 (Illuminated or flashing signs in C4, C5-4, C6 or C7 Districts) relating to flashing signs.

In Special Mixed Use Districts, a non-conforming use may be changed only to a conforming use.

The following Sections of Article V, Chapter 2 (Non-conforming Uses), shall not apply: Sections 52-32 through 52-37, inclusive; Sections 52-43 through 52-46, inclusive; Sections 52-54, 52-56, 52-62, 52-72, 52-731, 52-732, 52-74, and 52-75.

All buildings or other structures on zoning lots within the Special Mixed Use District shall comply with the bulk regulations of this Chapter.

In Special Mixed Use Districts, the bulk regulations set forth in Article II, Chapter 3, shall apply to all residential uses in a building or other structure, and the bulk regulations set forth in paragraph (a) of Section 24-013 (Special provisions for certain community facility uses) shall apply to buildings, or portions thereof, containing long-term care facilities. The bulk regulations set forth in Article IV, Chapter 3, shall apply to all manufacturing, commercial and other community facility uses in a building or other structure. Exceptions to the applicability of such underlying bulk regulations are set forth in Sections 123-60 through 123-66, inclusive. Where, pursuant to paragraph (a) of Section 24-013, buildings containing long-term care facilities are required to utilize the bulk provisions applicable to affordable independent residences for seniors, the exceptions to the underlying bulk regulations set forth in this Chapter applicable to affordable independent residences for seniors shall also apply to long-term care facilities.  

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 a community facility use pursuant to Article IV, Chapter 3, shall not apply. In lieu thereof, the maximum floor area ratio permitted for a community facility use shall be the maximum floor area ratio allowed for a community facility use pursuant to the designated Residence District regulations set forth in Section 24-10 (FLOOR AREA AND LOT COVERAGE REGULATIONS), inclusive. Lot coverage requirements shall not apply.

When the designated district is an R7-3 District, the maximum floor area ratio for a community facility use shall be 5.0.

When the designated district is an R9-1 District, the maximum floor area ratio for a community facility use shall be 9.0.

The provisions of this Section shall not apply on waterfront blocks, as defined in Section 62-11. In lieu thereof, the applicable maximum floor area ratio set forth for community facility uses in Section 62-30 (SPECIAL BULK REGULATIONS) through 62-32 (Maximum Floor Area Ratio and Lot Coverage on Waterfront Blocks), inclusive, shall apply.

Where the designated Residence District is an R6, R7, R8 or R9 District, the minimum required open space ratio and maximum floor area ratio provisions of Section 23-151 (Basic regulations for R6 through R9 Districts) shall not apply. In lieu thereof, all residential buildings, regardless of whether they are required to be developed or enlarged pursuant to the Quality Housing Program, shall comply with the maximum floor area ratio and lot coverage requirements set forth for the designated district in Sections 23-153 (For Quality Housing buildings) or 23-155 (Affordable independent residences for seniors), as applicable.

Where the designated district is an R7-3 District, the maximum floor area ratio shall be 5.0 and the maximum lot coverage shall be 70 percent on an interior or through lot and 100 percent on a corner lot.

Where the designated district is an R9-1 District, the maximum floor area ratio shall be 9.0, and the maximum lot coverage shall be 70 percent on an interior or through lot and 100 percent on a corner lot.

The provisions of this Section shall not apply on waterfront blocks, as defined in Section 62-11. In lieu thereof, the applicable maximum floor area ratio and lot coverage requirements set forth for residential uses in Sections 62-30 (SPECIAL BULK REGULATIONS) through 62-32 (Maximum Floor Area Ratio and Lot Coverage on Waterfront Blocks), inclusive, shall apply.

However, in Inclusionary Housing designated areas and Mandatory Inclusionary Housing areas, as listed in the table in this Section, the maximum permitted floor area ratio shall be as set forth in Section 23-154 (Inclusionary Housing). The locations of such districts are specified in APPENDIX F of this Resolution.

Special Mixed Use District

Designated Residence District

MX-1 – Community District 1, The Bronx

R6A  R7D

MX 2 - Community District 2, Brooklyn

R7A  R8A  R8X

MX 4 – Community District 3, Brooklyn

R6A

MX 8 - Community District 1, Brooklyn

R6  R6A  R6B  R7A

MX 11 - Community District 6, Brooklyn

R7-2

MX 13 – Community District 1, The Bronx

R6A  R7A  R7X  R8A

MX 14 - Community District 6, The Bronx

R7A  R7X

MX 16 - Community Districts 5 and 16, Brooklyn

R6A  R7A  R7D  R8A

MX 20 - Community District 8, Brooklyn

R7A

For zoning lots containing mixed use buildings, the following provisions shall apply.

(a)        Maximum floor area ratio

(1)        Manufacturing or commercial uses

The maximum floor area ratio permitted for manufacturing or commercial uses shall be the applicable maximum floor area ratio permitted for manufacturing or commercial uses under the provisions of Section 43-12, in accordance with the designated M1 District.

(2)        Community facility uses

The maximum floor area ratio permitted for community facility uses shall be the applicable maximum floor area ratio permitted for community facility uses in Residence Districts under the provisions of Section 24-10 (FLOOR AREA AND LOT COVERAGE REGULATIONS), inclusive, in accordance with the designated Residence District.

(3)        Residential uses

Where the Residence District designation is an R3, R4 or R5 District, the maximum floor area ratio permitted for residential uses shall be the applicable maximum floor area ratio permitted for residential uses under the provisions of Section 23-14, inclusive, in accordance with the designated Residence District.

Where the Residence District designation is an R6, R7, R8, R9 or R10 District, the maximum floor area ratio permitted for residential uses shall be the applicable maximum floor area ratio permitted for residential uses under the provisions of Section 123-63, in accordance with the designated Residence District.

(4)        Maximum floor area in mixed use buildings

The maximum total floor area in a mixed use building shall be the maximum floor area permitted for either the commercial, manufacturing, community facility or residential use, as set forth in this Section, whichever permits the greatest amount of floor area.

However, in Inclusionary Housing designated areas, except within Waterfront Access Plan BK-1, the maximum floor area ratio permitted for zoning lots containing residential and commercial, community facility or manufacturing uses shall be the base floor area ratio set forth in Section 23-154 (Inclusionary Housing) for the applicable district. Such base floor area ratio may be increased to the maximum floor area ratio set forth in such Section only through the provision of affordable housing, pursuant to Section 23-90, inclusive.

(b)        Lot coverage requirements

Lot coverage requirements shall not apply.

Any floor area bonus for a public plaza or arcade, permitted under the applicable district regulations, shall apply to a zoning lot containing a mixed use building, provided that any given public plaza or arcade shall be counted only once in determining a bonus.

However, on waterfront blocks, as defined in Section 62-11, floor area bonuses for a public plaza or arcade shall not apply.

No front yards or side yards are required in Special Mixed Use Districts. However, for residential buildings other than single- or two-family residences, if any open area extending along a side lot line is provided at any level, such open area shall have a minimum width of eight feet.

No front yards or side yards are required in Special Mixed Use Districts. However, if any open area extending along a side lot line is provided at any level, such open area shall have a minimum width of eight feet; except, if the mixed use building contains no more than two dwelling units, the open area extending along a side lot line may be less than eight feet in width at the level of the dwelling unit. 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 where any window of such dwelling unit faces onto such rear yard.

Along such portion of the Special Mixed Use District boundary that coincides with a side lot line of a zoning lot within an R1, R2, R3, R4 or R5 District, an open area not higher than curb level and with a width of at least eight feet shall be required within the Special Mixed Use District.

A portion of a building used for residential uses other than dwelling units in Quality Housing buildings containing affordable independent residents for seniors on zoning lots meeting the criteria set forth in paragraph (a)(4) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors) shall be a permitted obstruction within a rear yard or rear yard equivalent on zoning lots in Special Mixed Use Districts with R6 through R10 District designations, provided that the height of such building portion does not exceed one story, or 15 feet above the adjoining grade, whichever is less, and provided that such space shall be accessible to all residents of the building.

The height of all buildings or other structures in Special Mixed Use Districts shall be measured from the base plane.

The following modifications of height and setback regulations set forth in paragraphs (a) and (b) apply in Historic Districts designated by the Landmarks Preservation Commission:

(a)        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 Chapter.

(b)        In Special Mixed Use District 2 in the Borough of Brooklyn, where the designated Residence District is an R8X District, the maximum base height of a street wall may vary between the maximum base height set forth in this Chapter, and the height of the street wall of an adjacent building before setback, if such height is higher than the maximum base height set forth in this Chapter. For the purposes of this paragraph (b), a building situated directly across a street from a development shall be considered an adjacent building.

On waterfront blocks, as defined in Section 62-11, where the designated Residence District is R3, R4 or R5, the height and setback regulations of Section 62-34, inclusive, shall apply to buildings and other structures, except that for mixed use buildings, the height and setback regulations set forth in Section 123-661 (Mixed use buildings in Special Mixed Use Districts with R3, R4 or R5 District designations) shall apply.

In Special Mixed Use Districts where the designated Residence District is an R3, R4 or R5 District, the height and setback regulations of Sections 23-60 and 43-40 shall not apply to mixed use buildings. In lieu thereof, no building or other structure shall exceed a height of 35 feet within 25 feet of a street line. Beyond 25 feet of a street line, no building or other structure shall exceed a height of 60 feet. Notwithstanding the foregoing, the provisions of Sections 23-62, 24-51 and 43-42 (Permitted Obstructions) shall apply to any mixed use building.

In Special Mixed Use Districts where the designated Residence District is an R6, R7, R8, R9 or R10 District, the height and setback regulations of Sections 23-60 and 43-40 shall not apply. In lieu thereof, all buildings or other structures shall comply with the height and setback regulations of this Section.

(a)        Medium and high density non-contextual districts

(1)        In Special Mixed Use Districts where the designated Residence District is an R6, R7, R8, R9 or R10 District without a letter suffix, the height of a building or other structure, or portion thereof, located within 10 feet of a wide street or 15 feet of a narrow street, may not exceed the maximum base height specified in Table A of this Section, except for dormers permitted in accordance with paragraph (c) of this Section. Beyond 10 feet of a wide street and 15 feet of a narrow street, the height of a building or other structure shall not exceed the maximum building height specified in Table A. However, a building or other structure may exceed such maximum building height by four stories or 40 feet, whichever is less, provided that the gross area of each story located above the maximum building height does not exceed 80 percent of the gross area of that story directly below it.

TABLE A

HEIGHT AND SETBACK FOR ALL BUILDINGS IN MEDIUM AND HIGH DENSITY NON-CONTEXTUAL DISTRICTS

District

Maximum Base Height (in feet)

Maximum Building Height (in feet)

R6

60

110

R7-1 R7-2

60

135

R7-3

85

185

R8

85

210

R9

85

225

R9-1

90

280

R10

110

350

(2)        In Special Mixed Use District 15 in the Borough of Manhattan, where the designated Residence District is an R7-2 District, the height and setback regulations of paragraph (a)(1) of this Section shall not apply. In lieu thereof, the height and setback regulations of this paragraph (a)(2) shall apply.

(i)        A building or other structure, or portion thereof, located within 10 feet of a wide street or 15 feet of a narrow street, shall rise to a minimum height of 60 feet, and may rise to a maximum height of 85 feet, except for dormers permitted in accordance with paragraph (c) of this Section.

(ii)        At least 70 percent of the aggregate width of street walls shall be located on the street line and shall extend to the minimum base height of 60 feet or the height of the building, whichever is less. The remaining 30 percent of the aggregate width of street walls shall be located within eight feet of the street line.

(iii)        Existing buildings may be vertically enlarged by up to one story or 15 feet without regard to the street wall location provisions of this paragraph (a)(2). Beyond 10 feet of a wide street and 15 feet of a narrow street, the height of a building or other structure shall not exceed a maximum building height of 135 feet. However, a building or other structure may exceed a height of 135 feet by four stories or 40 feet, whichever is less, provided that the gross area of each story located above 135 feet does not exceed 80 percent of the gross area of that story directly below it.

(b)        Medium and high density contextual districts

In Special Mixed Use Districts where the Residence District designation is an R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9X, R10A or R10X District, the height and setback provisions of Section 23-662 shall apply. However, where the Residence District designation is an R6A, R6B, R7A, R7D, R8A or R8X District located outside the Manhattan Core, for buildings with qualifying ground floors utilizing the additional heights set forth in paragraph (b) of Section 23-662, the supplemental ground floor provisions set forth in paragraph (b)(2) of such Section shall be modified so that any permitted non-residential use in the Manufacturing District that is paired with such Residence District may be utilized to satisfy the ground floor use and depth requirements of Section 26-52 (Ground Floor Use and Depth Requirements). Where the Residence District designation is an R10X District, a tower may be provided in accordance with the provisions of Section 23-663. In addition, in all applicable 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), the height and setback provisions of paragraph (b) of Section 23-664 shall apply. Separate maximum building heights are set forth within Sections 23-662 and 23-664 for Quality Housing buildings with qualifying ground floors as well as for those with non-qualifying ground floors. In R8X Districts within Special Mixed Use District 2, the maximum building height for any development or enlargement that is not predominantly commercial, manufacturing, or a combination of commercial and manufacturing, shall be governed by the maximum building height and setback regulations applicable to an R8A District. For the purposes of this provision, “predominantly” shall mean at least 75 percent of the floor area of a building.

(c)        Permitted obstructions and dormer provisions

Obstructions shall be permitted pursuant to Sections 23-62, 24-51 or 43-42. In addition, in all Districts, within a required setback area, a dormer may be provided in accordance with the provisions of paragraph (c)(1) of Section 23-621.

However, all buildings or other structures on waterfront blocks, as defined in Section 62-11, shall comply with the height and setback regulations set forth for the designated Residential District as set forth in Section 62-34 (Height and Setback Regulations on Waterfront Blocks), inclusive.

(a)        The provisions of Article I, Chapter 5 (Residential Conversion Within Existing Buildings) shall not apply in Special Mixed Use Districts, except as expressly set forth herein.

In Special Mixed Use Districts, in any community district in the City, the conversion to residences of non-residential portions of buildings, in existence on or prior to December 10, 1997, shall be permitted subject to Sections 15-11, 15-12 and 15-30, paragraph (b).

Uses in buildings in existence on or prior to December 10, 1997, containing both residential and non-residential uses, shall not be subject to the provisions of Section 123-31 (Provisions Regulating Location of Uses in Mixed Use Buildings).

For the purposes of applying paragraph (a) of Section 15-111 to Special Mixed Use Districts where the designated Residence District is an R3 District, the minimum floor area per dwelling unit applicable to R4 Districts shall apply.

(b)        The conversion to residences of non-residential portions of buildings constructed after December 10, 1997, shall comply with the special bulk regulations of this Chapter for new residential development.

For Special Mixed Use Districts located within the Manhattan Core, the provisions of Article I, Chapter 3 (Comprehensive Off-street Parking and Loading Regulations in the Manhattan Core), inclusive, shall apply, and for Special Mixed Use Districts located within the Long Island City area, as defined in Section 16-02 (Definitions), the provisions of Article I, Chapter 6 (Comprehensive Off-street Parking Regulations in the Long Island City Area), inclusive, shall apply. For all other Special Mixed Use Districts, the provisions of this Section, inclusive, shall apply.

For manufacturing and commercial uses, the accessory off-street parking and loading regulations of the designated M1 District, as set forth in Article IV, Chapter 4 (Accessory Off-street Parking and Loading Regulations), shall apply.

For residences and community facility uses, the accessory off-street parking and loading regulations of the designated Residence District, as set forth in Article II, Chapter 5, shall apply, except that:

(a)        the provisions of Section 25-50 (RESTRICTIONS ON LOCATION OF ACCESSORY OFF-STREET PARKING SPACES) shall not apply. In lieu thereof, the provisions of Section 44-30 (RESTRICTIONS ON LOCATION AND USE OF ACCESSORY OFF-STREET PARKING SPACES) shall apply to such uses; and

(b)        for buildings containing residences in Special Mixed Use Districts, in addition to the applicable accessory off-street parking and loading regulations set forth in Article II, Chapter 5, the provisions of Sections 44-46 (Accessory Off-street Parking Spaces in Public Parking Garages), 44-47 (Parking Lot Maneuverability and Curb Cut Regulations) and 44-48 (Parking Lot Landscaping) shall apply.

For uses on waterfront blocks, as defined in Section 62-11, the special accessory off-street parking and loading regulations set forth in Section 62-40, inclusive, shall apply. When any use is permitted in both the designated Residence District and the designated M1 District, the accessory off-street parking and loading requirements applicable to the designated M1 District shall apply to such use.

The Special Mixed Use District is mapped in the following areas:

Special Mixed Use District - 1:  (12/10/97)

Port Morris, The Bronx

The Special Mixed Use District - 1 is established in Port Morris in The Bronx as indicated on the zoning maps.

 

Special Mixed Use District - 2:  (7/29/09)

DUMBO, Brooklyn

The Special Mixed Use District - 2 is established in DUMBO in Brooklyn as indicated on the zoning maps.

 

Special Mixed Use District - 4:  (5/9/01)

Flushing/Bedford, Brooklyn

The Special Mixed Use District - 4 is established in Flushing/Bedford in Brooklyn as indicated on the zoning maps.

 

Special Mixed Use District - 5:  (1/30/02)

Red Hook, Brooklyn

The Special Mixed Use District - 5 is established in Red Hook in Brooklyn as indicated on the zoning maps.

 

Special Mixed Use District - 6:  (7/23/08)

Hudson Square, Manhattan

The Special Mixed Use District - 6 is established in Hudson Square in Manhattan as indicated on the zoning maps.

 

Special Mixed Use District - 7:  (8/19/03)

Morrisania, the Bronx

The Special Mixed Use District - 7 is established in Morrisania in the Bronx as indicated on the zoning maps.

 

Special Mixed Use District - 8:  (5/11/05)

Greenpoint-Williamsburg, Brooklyn

The Special Mixed Use District - 8 is established in Greenpoint-Williamsburg in Brooklyn as indicated on the zoning maps.

 

Special Mixed Use District - 9:  (8/16/06)

Northern Hunters Point Waterfront, Queens

The Special Mixed Use District - 9 is established in the Northern Hunters Point Waterfront in Queens as indicated on the zoning maps.

 

Special Mixed Use District - 10:  (10/29/07)

Atlantic and Howard Avenues, Brooklyn

The Special Mixed Use District - 10 is established on Atlantic and Howard Avenues in Brooklyn as indicated on the zoning maps.

 

Special Mixed Use District - 11:  (3/11/09)

Gowanus, Brooklyn

The Special Mixed Use District - 11 is established in Gowanus in Brooklyn as indicated on the zoning maps.

 

Special Mixed Use District - 12:  (10/27/10)

Borough Park, Brooklyn

The Special Mixed Use District - 12 is established in Borough Park in Brooklyn as indicated on the zoning maps.

 

Special Mixed Use District - 13:  (6/30/09)

Lower Concourse, the Bronx

The Special Mixed Use District - 13 is established in the Lower Concourse in The Bronx as indicated on the zoning maps.

 

Special Mixed Use District - 14:  (10/13/10)

Third Avenue/Tremont Avenue, the Bronx

The Special Mixed Use District - 14 is established along Third Avenue in the Bronx as indicated on the zoning maps.

 

Special Mixed Use District - 15:  (11/13/12)

West Harlem, Manhattan

The Special Mixed Use District - 15 is established in West Harlem in Manhattan as indicated on the zoning maps.

 

Special Mixed Use District - 16:  (4/20/16)

Ocean Hill/East New York, Brooklyn

The Special Mixed Use District - 16 is established in Ocean Hill and East New York in Brooklyn as indicated on the zoning maps.

 

Special Mixed Use District - 17:  (3/22/18)

Hunts Point, the Bronx

The Special Mixed Use District - 17 is established in Hunts Point in The Bronx as indicated on the zoning maps.

 

Special Mixed Use District - 20:  (5/8/19)

Crown Heights West, Brooklyn

The Special Mixed Use District - 20 is established in Crown Heights West in Brooklyn as indicated on the zoning maps.

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