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

(a)        to retain adequate wage, job-producing, stable industries within the Tribeca neighborhood;

(b)        to protect light manufacturing and to encourage stability and growth in the Tribeca neighborhood by permitting light manufacturing and controlled residential uses to coexist where such uses are deemed compatible;

(c)        to provide housing opportunity of a type and at a density appropriate to this mixed use zone;

(d)        to ensure the provision of safe and sanitary housing units in converted buildings; and

(e)        to promote the most desirable use of land and building development in accordance with the Plan for Lower Manhattan as adopted by the City Planning Commission.

The "Special City Island District" established in this Resolution is designed to promote and protect public health, safety, general welfare and amenity. These general goals include, among others, the following specific purposes:

(a)        to promote and strengthen the unique character of the Special City Island District for nautical and waterfront activities by limiting permitted uses to those which complement and enhance the existing character of the Special District;

(b)        to maintain the existing low-rise residential and commercial character of the district by regulating the height of buildings;

(c)        to maintain and protect the environmental quality and "village" character of City Island Avenue by imposing special controls on building setbacks and signs; and

(d)        to promote the most desirable use of land in this area and thus to conserve the value of land and thereby protect the City's tax revenue.

For any commercial or mixed use development except for eating or drinking establishments, one off-street accessory parking space shall be provided for every 300 square feet of commercial floor area. The provisions of Section 73-45 (Modification of Off-site Parking Provisions) are hereby made inapplicable.

Zoning district boundary lines shall coincide with the shoreline lawfully existing on November 13, 1981, or any natural or lawful alteration thereof.

The "Special Ocean Parkway District" established in this Resolution is designed to promote and protect public health, safety, general welfare and amenity. These general goals include among others the following specific purposes:

(a)        to promote and strengthen the scenic landmark designation of Ocean Parkway by requiring landscaping along Ocean Parkway;

(b)        to maintain the existing scale and character of the community by limiting the bulk of permitted community facilities;

(c)        to protect the environmental quality of and improve circulation within the District by requiring enclosed parking for all uses along Ocean Parkway and by requiring off-street loading for certain community facilities throughout the District; and

(d)        to promote the most desirable use of land in this area and thus to conserve the value of land and thereby protect the City's tax revenue.

The bulk regulations of the underlying districts shall apply, except as superseded, supplemented or modified by the provisions of this Section, inclusive.

In addition to the applicable underlying street tree planting requirements, all changes of use on zoning lots having frontage on Ocean Parkway, shall provide street trees in accordance with the provisions of Section 23-611 (Street tree planting).

The "Special Bay Ridge District" established in this Resolution is designed to promote and protect the public health, safety and general welfare. These general goals include, among others, the following specific purposes:

(a)        to preserve, protect and maintain the existing scale and character of the residential and commercial community;

(b)        to encourage design of residential, commercial and community facility development which is in character with the neighborhood and surrounding community; and

(c)        to promote the most desirable use of land in the area and thus to conserve the value of land and buildings, and thereby to protect the City's tax revenues.

In the Special Bay Ridge District, the maximum floor area ratio and height and setback regulations shall apply as modified in this Section, inclusive.

The "Special Downtown Jamaica District" established in this Resolution is designed to promote and protect the public health, safety and general welfare of the Downtown Jamaica community. These general goals include, among others, the following specific purposes:

1. to strengthen Downtown Jamaica and its nearby major corridors by promoting the establishment of mixed-use, transit-oriented growth hubs;
2. to enhance neighborhood economic diversity by broadening the range of housing choices at varied incomes;
3. to create a lively and attractive built environment that will provide amenities and services for the use and enjoyment of area residents, workers and visitors;
4. to encourage designs of new buildings that support the neighborhood’s character;
5. to establish walkable retail corridors in the neighborhood;
6. to support industrial growth in manufacturing districts that are appropriate near certain residential districts; and

(g)    to promote the most desirable use of land and thus conserve and enhance the value of land and buildings, and thereby protect the City’s tax revenues.

In the Special Downtown Jamaica District, the use regulations of the underlying district shall apply except as modified in this Section, inclusive.

The underlying bulk provisions shall apply except as modified in this Section, inclusive.

For the purposes of applying the provisions of this Section, the residential equivalent for a C6-3 District shall be an R9-1 District in the Core Subdistrict.

The underlying off-street parking and loading provisions shall apply except as modified in this Section, inclusive.

The "Special Stapleton Waterfront District" established in this Resolution is designed to promote and protect public health, safety and general welfare. These general goals include among others, the following specific purposes:

(a)        encourage design of development that is in character with the neighborhood and surrounding community;

(b)        maintain and reestablish physical and visual public access to and along the waterfront;

(c)        strengthen the traditional town center of Stapleton by allowing the development of residential and commercial uses;

(d)        encourage the creation of a lively and attractive environment that will provide daily amenities and services for the use and enjoyment of the working population and the new residents;

(e)        take maximum advantage of the beauty of the New York Harbor waterfront, thereby best serving the business community, the residential population and providing regional recreation; and

(f)        promote the most desirable use of land and thus conserve and enhance the value of land and buildings, and thereby protect City tax revenues.

In Subareas A, B and C, the Esplanade, Pier Place and the Cove, the underlying use regulations shall be modified by the provisions of this Section, inclusive.

The special bulk regulations of Section 116-20, inclusive, shall apply to Subareas A, B and C, the Esplanade, Pier Place and the Cove.

In Subareas A, B and C, the parking and loading regulations of the underlying C4-2A District shall apply, except as modified in this Section.

The special urban design requirements of Section 116-50, inclusive, shall apply to all developments and enlargements within Subareas A, B and C, the Esplanade, Pier Place and the Cove.

The special use, bulk, visual corridor and waterfront public access area requirements of Section 116-60, inclusive, shall apply to Subarea E.

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:

1. 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;
2. to encourage the development of moderate to high density commercial uses within a compact transit-oriented area;
3. to establish and maintain walkable retail corridors in the neighborhood;
4. to enhance neighborhood economic diversity by broadening the range of housing choices for residents of varied incomes;
5. to promote the opportunity for people to work in the vicinity of their residences;
6. to maintain and establish physical and visual public access to and along the waterfront;
7. to retain jobs within New York City;
8. to provide an opportunity for the improvement of Long Island City; and
9. to promote the most desirable use of land and thus conserve the value of land and buildings and thereby protect City tax revenues.

In the Special Long Island City Mixed Use District, the special regulations of Section 117-10, shall apply within the Hunters Point Subdistrict.

In the Special Long Island City Mixed Use District, the special regulations of Section 117-20, inclusive, shall apply in the Queens Plaza West Subdistrict.

In the Special Long Island City Mixed Use District, the special regulations of Section 117-30, inclusive, shall apply in the Northern Hunters Point Waterfront Subdistrict.

In the Special Long Island City Mixed Use District, the special regulations of Section 117-40, inclusive, shall apply in the Court Square Subdistrict. 

In the Special Long Island City Mixed Use District, the special regulations of Section 117-50, inclusive, shall apply within the Queens Plaza Subdistrict.

In the Special Long Island City Mixed Use District, the special regulations of Section 117-60, inclusive, shall apply within the Dutch Kills Subdistrict.

The "Special Union Square District" established in this Resolution is designated to promote and protect public health, safety, general welfare and amenity. These general goals include, among others, the following specific purposes:

(a)        to promote a revitalized mixed-use area around Union Square by encouraging controlled development on vacant and under-utilized sites within the District;

(b)        to stimulate such growth while providing guidelines which will ensure urban design compatibility between new development, existing buildings and Union Square and which will preserve and enhance the special character of the Square;

(c)        to stabilize the area through residential development and thereby encourage active utilization of Union Square Park;

(d)        to enhance the retail and service nature and economic vitality of 14th Street by mandating appropriate retail and service activities;

(e)        to improve the physical appearance and amenity of the streets within the District by establishing streetscape and signage controls which are compatible to Union Square Park;

(f)        to improve access, visibility, security and pedestrian circulation in and around the 14th Street/Union Square Station; and

(g)        to promote the most desirable use of land in this area and thus conserve the value of land and buildings and thereby protect the City's tax revenues.

Where a development or enlargement is constructed on a zoning lot of at least 5,000 square feet which fronts on a portion of sidewalk containing a stairway entrance or entrances into the 14th Street/Union Square Station, the development or enlargement shall be subject to the regulations of Section 37-40 (OFF-STREET RELOCATION OR RENOVATION OF A SUBWAY STAIR).

The "Special Hillsides Preservation District" (hereinafter also referred to as the "Special District") established in this Resolution is designed to promote and protect public health, safety and general welfare. These general goals include, among others, the following special purposes:

(a)        to reduce hillside erosion, landslides and excessive storm water runoff associated with development by conserving vegetation and protecting natural terrain;

(b)        to preserve hillsides having unique aesthetic value to the public;

(c)        to guide development in areas of outstanding natural beauty in order to protect, maintain and enhance the natural features of such areas; and

(d)        to promote the most desirable use of land and to guide future development in accordance with a comprehensive development plan, and to protect the neighborhood character of the district.

Tier I sites shall be regulated by the provisions set forth in this Section, inclusive.

All Tier II sites shall be regulated by the provisions set forth in this Section. However, any enlargement on Tier II sites of an existing building, provided that such enlargement does not increase the lot coverage of said building, shall be exempted from the provisions of Sections 119-211 (Lot coverage, floor area and density regulations), 119-213 (Grading controls) to 119-217 (Tier II controls during construction), inclusive, 119-22 (Tier II Submission Requirements), and 119-23 (Administration of Tier II Requirements).

In the event that a development, enlargement or site alteration is undertaken, or has been undertaken, contrary to the provisions of this Chapter, any permit issued by the Department of Buildings for any use, development, enlargement or site alteration on the affected zoning lot shall be revoked.

No building permit or permanent certificate of occupancy shall be issued by the Department of Buildings for any use, development, enlargement or site alteration on such zoning lot until the violations are removed from the zoning lot, pursuant to a restoration plan certified by the City Planning Commission.

If such violations have not ceased within 90 days of receipt of the Commission's requirements, the Department of Buildings shall institute such action as may be necessary to prosecute the violations. For compliance with restoration requirements to remove violations, the Department of Buildings may allow an additional 90 days.

Where on-site restoration of vegetation would result in overcrowding or would adversely affect the ecology of the site, the Commission may authorize planting of one or more trees on adjoining public sidewalks or in a nearby public area within the Special Hillsides Preservation District. The Commission may also allow the substitution of other plant material, provided a detailed landscaping plan is filed with the Commission for approval and certification.

For purposes of this Chapter, matter in italics is defined in Section 12-10 (DEFINITIONS) and in this Section.

Special Tribeca Mixed Use District

(repeated from Section 12-10)

The "Special Tribeca Mixed Use District" is a Special Purpose District designated by the letters "TMU" in which special regulations set forth in Article XI, Chapter 1, apply. The Special Tribeca Mixed Use District and its regulations supplement or supersede those of the districts on which it is superimposed.

The provisions of this Chapter shall apply to all developments, enlargements, extensions, alterations, accessory uses, open and enclosed and changes in uses within the Special District.

Except as modified by the express provisions of the District, the regulations of the underlying districts remain in effect. In flood zones, or for transit-adjacent sites or qualifying transit improvement sites, as defined in Section 66-11 (Definitions), 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), or Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI shall control.

The District Map for the Special Tribeca Mixed Use District, in Appendix A, identifies special areas comprising the Special District in which special zoning regulations carry out the general purposes of the Special Tribeca Mixed Use District. These areas are as follows:

Area A1 - General Mixed Use Area

Area A2 - Limited Mixed Use Area

Area A3 - General Mixed Use Area

Area A4 - General Mixed Use Area

Area A5 - General Mixed Use Area

Area A6 - General Mixed Use Area

Area A7 - General Mixed Use Area

A home occupation may occupy a loft dwelling, or a dwelling unit converted pursuant to Article I, Chapter 5 (Residential Conversion Within Existing Buildings), as an accessory use pursuant to Section 15-13 (Special Home Occupation Provision), except that:

(a)    businesses operated as home occupations may have up to three persons not residing in the dwelling unit or rooming unit may be employed; and

(b)    a home occupation may include any permitted commercial or manufacturing use.

(a)        Areas A1 and A3

(1)        Uses permitted in a C6 District are applicable in Areas A1 and A3, except that uses listed under Use Group IX(A) shall be permitted to the applicability of a C8 District.

(2)        In buildings fronting on Chambers Street, Church Street, Greenwich Street, Hudson Street or West Broadway, uses listed under Use Group VI or uses listed under Use Group VIII shall be limited to 20,000 square feet of floor area on a zoning lot, including retail cellar space allotted to such uses, except as otherwise provided in Section 111-32 (Special Permit for Certain Large Commercial Establishments).

(3)        In addition, in buildings not fronting on the streets, listed in paragraph (a)(2) of this Section, uses listed under Use Groups VI or VIII shall be limited to 10,000 square feet of floor area on a zoning lot, including retail cellar space allocated to such uses, except as otherwise provided in Section 111-32.

(b)        Areas A4, A5, A6 and A7

(1)        Uses permitted in a C6 District are applicable in Areas A4, A5, A6 and A7, except that:

(i)    automotive repair and maintenance and dry cleaning and laundry services listed under Use Group VI shall be permitted to the applicability of a C8 District; and 

(ii)    uses listed under Use Groups IX(A) and IX(C) shall be permitted to the applicability of a C8 District. 

(2)        For establishments with frontage on wide streets, uses listed under Use Group VI shall be limited to 10,000 square feet of floor area. For establishments that front only upon a narrow street, such uses shall be limited to 5,000 square feet of floor area. For the purposes of this Section, floor area shall include retail cellar space allocated to such uses. 

(c)        Eating or drinking establishments, where such establishment provides entertainment with a cover charge or specified showtime, or includes a dance floor, and a capacity of more than 200 persons, as listed under Use Group VI, in any location within a building, shall be permitted only by special permit of the Board of Standards and Appeals as provided in Section 73-162 (Eating or drinking establishments) or the City Planning Commission as provided in Section 74-161 (Retail and service uses), as applicable.

(d)        Environmental conditions for Area A2

All new dwelling units shall be provided with a minimum 35dB(A) of window wall attenuation in order to maintain an interior noise level of 45dB(A), or less, with windows closed. Therefore, an alternate means of ventilation is required. However, upon application to the Office of Environmental Remediation (OER) by the owner of the affected building, consistent with OER’s 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.

The regulations applicable to a C6-2A District shall apply to developments and enlargements, except that the maximum floor area ratio permitted on a zoning lot shall be 5.0. However, for zoning lots containing qualifying affordable housing or qualifying senior housing, the maximum residential floor area ratio shall be 6.0.

The underlying regulations applicable to a C6-3 District shall apply to developments and enlargements, except as set forth herein.

1. Maximum floor area ratio
   
   In no case shall the floor area ratio of the commercial or community facility portion of the building be more than 6.0.
   
   For developments or enlargements on qualifying transit improvement sites, a floor area bonus for mass transit station improvements may be granted by the City Planning Commission pursuant to the provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements). For the purposes of this paragraph, defined terms additionally include those in Section 66-11 (Definitions). No other floor area bonuses shall be permitted in Area A2.
2. Height and setback regulations
   
   The underlying height and setback regulations applicable to a C6-3A District shall apply.
3. Curb cuts
   
   Curb cuts shall not be permitted on Greenwich Street, Murray Street and Chambers Street.

The regulations applicable to a C6-3A District shall apply to developments and enlargements.

Except as set forth in this Section, the bulk regulations of the underlying district shall apply.

1. The maximum residential floor area ratio for zoning lots containing standard residences, and that permitted for zoning lots containing qualifying affordable housing or qualifying senior housing shall be as set forth in the following table:
   

   Area	Maximum Floor Area Ratio for Standard Residences	Maximum Floor Area Ratio for Qualifying Affordable Housing or Qualifying Senior Housing
   A4	6.5	7.8
   A5	5.5	6.6
   A6	6.0	7.2
   A7	5.0	6.0

2. The underlying height and setback regulations shall apply except that in Area A4, the maximum building height shall be 145 feet or, for zoning lots containing qualifying affordable housing or qualifying senior housing, 175 feet.

The City Planning Commission may permit the total floor area of large commercial establishments to exceed the underlying floor area requirements set forth in Section 111-13, paragraphs (a)(3) and (b)(4), including the floor area requirements for cellar space, provided the Commission finds that:

(a)        such development, enlargement, extension or change of use is so located as not to impair the essential character or the future use of, or development of, the surrounding area; and

(b)        the streets providing access to the facility will be adequate to handle the vehicular and pedestrian traffic generated by such use.

The Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the surrounding area.

For the purposes of this Chapter, matter in italics is defined in Sections 12-10, 32-301, or within this Section.

Development

For purposes of this Chapter, a "development" includes both development and enlargement, as defined in Section 12-10 (DEFINITIONS).

In harmony with the general purposes of the Special City Island District and in accordance with the provisions of this Chapter, certain specified regulations of the districts on which the Special City Island District is superimposed are made inapplicable and special regulations are substituted therefor. Except as modified by the express provisions of the Special District, the regulations of the underlying zoning districts remain in force. 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.

An application to the City Planning Commission for the grant of a special permit under the provisions of this Chapter shall include a site plan showing the location and use of all buildings on the zoning lot and such other information as may be required by the Commission.

In all cases, the City Planning Commission shall deny a special permit application whenever the development will interfere with a public improvement project (including housing, highways, public building or facilities redevelopment or renewal projects, or rights-of-way for sewers, transit or other public facilities) which has been approved by the Board of Estimate, City Planning Commission or Site Selection Board as determined from the calendar of each agency issued prior to the date of the public hearing on the application for a special permit.

The District Plan for the Special City Island District identifies those areas within the Special District in which there are special height restrictions. The District Plan is set forth in Appendix A and is made an integral part hereof.

Within the Special District, and notwithstanding the provisions of Article V, Chapter 2, where commercial or manufacturing uses are permitted by the underlying district regulations, such commercial or manufacturing uses shall be limited to those uses set forth in this Section. This Section shall apply to a new use in a development and to a change of use in an existing building to another use listed in the same or another Use Group.

The underlying height and setback regulations shall apply, except that no building or other structure shall exceed a height limit of 35 feet, and the height shall be measured from the base plane. Such height and setback regulations may be modified only by authorization or special permit of the City Planning Commission, as applicable, pursuant to Sections 112-12 or 112-13.

The City Planning Commission may authorize, within Area B, as shown on the District Plan Map in Appendix A, modifications of the underlying height and setback regulations, provided the Commission finds that:

(a)        the distribution of the bulk of the building on the zoning lot permits adequate access of light and air to the surrounding streets and properties and does not impair the views of and to the water;

(b)        the modification of the height of the building permits better site planning and distribution of open space; and

(c)        the height of the building does not exceed 35 feet.

The Commission may prescribe appropriate conditions and safeguards to protect the views of and to the water and to minimize adverse effects on the surrounding area. That portion of any zoning lot used for boat sales, manufacture, storage or repair shall be exempt from the provisions of this Section.

The City Planning Commission may permit, within Area A, as shown on the District Plan Map in Appendix A, modifications of the underlying height and setback regulations, provided the Commission finds that:

(a)        the distribution of the bulk of the building on the zoning lot permits adequate access of light and air to the surrounding streets and properties and does not impair the views of and to the water;

(b)        the modification of the height of the building permits better site planning and distribution of open space; and

(c)        the height of the building does not exceed 50 feet.

The Commission may prescribe appropriate conditions and safeguards to protect the views of and to the water and to minimize adverse effects on the surrounding area. That portion of any zoning lot used for boat sales, manufacture, storage or repair shall be exempt from the provisions of this Section.

For any commercial or mixed use development except for eating or drinking establishments, one off-street accessory parking space shall be provided for every 300 square feet of commercial floor area. The provisions of Section 73-45 (Modification of Off-site Parking Provisions) are hereby made inapplicable.

Zoning district boundary lines shall coincide with the shoreline lawfully existing on November 13, 1981, or any natural or lawful alteration thereof.

In harmony with the general purposes of the Special Ocean Parkway District and in accordance with the provisions of this Chapter, certain specified regulations of the districts on which the Special Ocean Parkway District is superimposed are made inapplicable and special regulations are substituted therefor. Except as modified by the express provisions of the Special District, the regulations of the underlying districts remain in force. In flood zones, or for transit-adjacent sites, as defined in Section 66-11 (Definitions), 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), or Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI shall control.

For the purpose of applying the provisions set forth in Mandatory Inclusionary Housing areas within the Special Ocean Parkway District are shown on the maps in APPENDIX F of this Resolution.

The Subdistrict of the Special Ocean Parkway District is identified in Appendix A of this Chapter. In addition to the requirements of Sections 113-10 through 113-40, inclusive, the special regulations set forth in Sections 113-50 through 113-523, inclusive, shall apply to the Subdistrict.

In Residence Districts and Commercial Districts with residential equivalents, all community facility buildings, and portions of buildings containing community facility uses, shall be subject to the applicable underlying district bulk regulations of Article II, Chapter 3 (Residential Bulk Regulations in Residence Districts), except as provided below:

(a)        in R2X Districts, the residential bulk regulations of an R3-1 District shall apply to community facility buildings;

(b)        in R6 or R7 Districts with a letter suffix, the applicable bulk regulations set forth in Article II, Chapter 4 (Bulk Regulations for Community Facilities in Residence Districts) shall apply;

(c)        in the Subdistrict, the bulk regulations of Article II, Chapter 3 shall apply, except as set forth in Section 113-52 (Special Bulk Regulations); and

(d)        in R6 or R7 Districts without a letter suffix, the community facility bulk regulations of Article II, Chapter 4, may be made applicable by certification of the City Planning Commission, pursuant to Section 113-41 (Certification for Community Facility Uses on Certain Corner Lots).

For all zoning lots with frontage along Ocean Parkway, there shall be a 30 foot front yard. No obstructions including porches either open or enclosed, canopies or stairs are permitted within the front yard. Any driveway within such front yard shall be perpendicular to the street line or, in the case where the street wall is not parallel with the street line, the driveway shall be perpendicular to the street wall.

Balconies pursuant to Section 23-62 may, by a depth of not more than six feet, penetrate front yards, except along Ocean Parkway.

In R8A Districts, for zoning lots fronting on Park Circle-Machate Circle, the provisions of Section 23-43 (Height and Setback Requirements in R6 Through R12 Districts) shall be modified to allow for street walls within 125 feet of a wide street to rise without setback to a maximum base height of 115 feet and allow for a minimum required setback of 10 feet above such base height, provided that the maximum building height shall not exceed: 115 feet within 100 feet of Ocean Parkway or within 30 feet of an R7A District; 125 feet between 100 and 150 feet of Ocean Parkway, within 20 feet of Coney Island Avenue, or between 30 and 50 feet from an R7A District; and 140 feet on any other portion of the zoning lot. For the purposes of this paragraph, distances shall be measured perpendicular to the street line or district boundary, as applicable.

For all developments having frontage on Ocean Parkway, all required or permitted accessory off-street parking spaces shall be completely enclosed.

(a)        For any building containing a school for children below grade 7, off-street loading facilities shall be provided in accordance with the requirements of this Section. Such off-street loading facilities shall be so situated and arranged to provide head-in and head-out movement of vehicles on two separate streets, and shall have a minimum dimension of 12 feet. All such off-street loading facilities shall be screened from adjacent zoning lots by a four foot buffer of shrubbery that is at least four feet high at the time of planting.

(b)        For other schools with no children below grade 7, an off-street loading facility shall be provided with a minimum dimension of 12 by 18 feet.

Within the Special Ocean Parkway District, the City Planning Commission may allow, by certification, community facility developments or enlargements or changes of use containing community facility uses, to exceed the bulk regulations of Section 113-11 (Special Bulk Regulations for Community Facilities) when located on corner lots, one lot line of which is the street line of a wide street, provided that:

(a)        the community facility building will comply with the bulk regulations of Article II, Chapter 4 (Bulk Regulations for Community Facilities in Residence Districts); and

(b)        the scale of the proposed community facility building is appropriate to the scale of the surrounding development.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

Within the Special Ocean Parkway District, the City Planning Commission may authorize enlargements that exceed the bulk limitations of Section 113-11 (Special Bulk Regulations for Community Facilities), provided:

(a)        the existing building is a community facility building developed prior to December 19, 1996;

(b)        the existing community facility building is located partially or wholly on a corner lot, one lot line of which is the street line of a wide street;

(c)        the enlarged community facility building will comply with the bulk regulations of Article II, Chapter 4 (Bulk Regulations for Community Facilities in Residence Districts); and

(d)        the scale of the proposed community facility building is appropriate to the scale of the surrounding area.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In order to preserve and enhance the character of the neighborhood, the Subdistrict within the Special Ocean Parkway District is established which encourages large single- or two-family detached and semi-detached residences, as well as multiple dwellings in appropriate locations.

Within the Subdistrict, the underlying use regulations applicable to an R4-1 District shall apply, except that for qualifying residential sites the regulations applicable to an R5 District shall apply.

For residential buildings, or the portion of building containing residences, the underlying bulk regulations applicable to an R4-1 District shall apply, except as set forth in this Section, inclusive.

For community facility buildings, or the portion of buildings allocated to community facility uses, the bulk regulations of Article II, Chapter 3 shall apply, except as modified by the provisions of this Section, inclusive.

In harmony with the general provisions and intent of this Resolution and the general purposes of the Special Bay Ridge District, the regulations of the districts upon which this Special District is superimposed are supplemented or modified in accordance with the provisions of this Chapter. The provisions of this Chapter shall apply to all buildings.

Except as modified by the provisions of this Chapter, the regulations of the underlying districts remain in effect.

For transit-adjacent sites, as defined in Section 66-11 (Definitions), in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI, Chapter 6 shall control.

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.

Within the Special Bay Ridge District, the definition of qualifying residential site shall be modified to exclude zoning lots existing on December 5, 2024, with a lot area that exceeds five acres.

In addition, no backyard ancillary dwelling units shall be permitted within the portion of the Special Bay Ridge District west of Ridge Boulevard or south of Marine Avenue.

In C8-2 Districts, for any zoning lot, the maximum floor area ratio for any community facility use shall not exceed 3.0.

In R4A, R4-1, R4B or R5B Districts, the bulk regulations of Article II, Chapter 4, shall apply to community facility buildings, except that the maximum floor area ratio shall not exceed 1.65. For a building that is used partly for community facility use and partly for residential use, the bulk regulations of Article II, Chapter 3, shall apply to all portions of such building, except that where:

1. such community facility use has received tax-exempt status from the New York City Department of Finance, or its successor, pursuant to Section 420 of the New York State Real Property Tax Law; or
2. such building has received an authorization pursuant to Section 24-06 (Modification of Bulk Regulations in Certain Districts); 

the bulk regulations of Article II, Chapter 4, shall apply to the community facility portion of such building, provided that the maximum floor area ratio for the community facility use shall not exceed 1.65.

In harmony with the general purposes and content of this Resolution and the general purposes of the Special Downtown Jamaica District, the regulations of this Chapter shall apply within the Special Downtown Jamaica District. The regulations of all other chapters of this Resolution are applicable except as modified, supplemented or superseded by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control. However, for transit-adjacent sites or qualifying transit improvement sites, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI, Chapter 6 shall control.

For the purposes of this Chapter, matters in italics are defined in Sections 12-10 (DEFINITIONS), 32-301 (Definitions), and 66-11 (Definitions), except where explicitly stated otherwise in individual provisions in this Chapter.

The regulations of this Chapter implement the Special Downtown Jamaica District Plan.

The District Plan includes the following maps in the Appendix to this Chapter:

Map 1        Special Downtown Jamaica District

Map 2        Streetscape Regulations

Map 3        Sidewalk Widening

The maps are hereby incorporated and made part of this Resolution for the purpose of specifying locations where the special regulations and requirements set forth in the text of this Chapter apply.

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

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

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

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

The underlying use regulations shall be modified as follows:

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

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

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

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

The underlying floor area regulations shall be modified as follows:

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

Rear yard requirements shall not apply to non-residential uses along such portion of a lot line that coincides with a boundary of a railroad right-of-way.

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

All heights shall be measured from the base plane.

The provisions of this Section shall apply to all developments fronting upon locations requiring sidewalk widenings as shown on Map 3 (Sidewalk Widening) in Appendix A of this Chapter. A sidewalk widening is a continuous, paved open area along the street line of a zoning lot having a depth of two feet or five feet, as set forth on Map 3. Such depth shall be measured perpendicular to the street line. Sidewalk widenings shall be improved as sidewalks to Department of Transportation standards, at the same level as the adjoining public sidewalk and directly accessible to the public at all times. No enlargement shall be permitted to decrease the depth of such sidewalk to less than such minimum required total sidewalk depth.

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

1. permitted or required off-street parking spaces accessory to residences may be provided on a zoning lot other than the same zoning lot as the residences to which such spaces are accessory, provided that such zoning lot is no more than 1,500 feet from the nearest boundary of the zoning lot occupied by the residences to which they are accessory; and
2. along Tier C street frontages, as shown on Map 2 in the Appendix to this Chapter, all curb cuts accessing off-street parking or loading spaces shall be subject to the provisions for R8 Districts set forth in Section 25-631 (Location and width of curb cuts in certain districts).

For the purposes of this Chapter, matter in italics is defined in Sections 12-10 (DEFINITIONS), 32-301 (Definitions), or in this Section.

Esplanade

The "Esplanade" is a park extending along portions of the waterfront edges of the Special Stapleton Waterfront District. The Esplanade is shown in the District Plan, Map 1 (Special Stapleton Waterfront District, Subareas and Public Spaces), in Appendix A of this Chapter.

Mandatory front building wall

A "mandatory front building wall" is the front wall of a building that generally coincides with a mandatory front building wall line, as provided in Section 116-232 (Street wall location).

Mandatory front building wall line

"Mandatory front building wall lines" are imaginary lines extending through Subarea B of the Special Stapleton Waterfront District which are shown on Map 3 (Mandatory Front Building Wall Lines) in Appendix A of this Chapter, and with which building walls must generally coincide, as provided in Section 116-232.

Pier Place, the Cove

"Pier Place" and the "Cove" are designated open spaces accessible to the public, located within the Special Stapleton Waterfront District as shown in the District Plan, Map 1, in Appendix A of this Chapter.

Shore public walkway

A "shore public walkway" is a linear public access area along the shore or water edges of a platform on a waterfront zoning lot.

Upland connection

An "upland connection" is a pedestrian way which provides a public access route from the Esplanade or a shore public walkway to a public sidewalk within a public street. Required upland connections are shown in the District Plan, Map 5 (Upland Connections and Visual Corridors), in Appendix A of this Chapter

Visual corridor

A "visual corridor" is a public street or tract of land within a block that provides a direct and unobstructed view to the water from a vantage point within a public street. Required visual corridors are shown in the District Plan, Map 5 and Map 6 (Location of Visual Corridor in Subarea E) in Appendix A of this Chapter.

In harmony with the general purposes and content of this Resolution and the general purposes of the Special Stapleton Waterfront District, the provisions of this Chapter shall apply to all developments, enlargements and changes of use within the Special Stapleton Waterfront 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, or for transit-adjacent sites, as defined in Section 66-11 (Definitions), 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), or Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI shall control.

Within the Special Stapleton Waterfront District, the regulations of the underlying R6, C2-2, C4-2A and M2-1 Districts shall apply, as modified in this Chapter.

The District Plan for the Special Stapleton Waterfront District identifies specific areas comprising the Special District in which special zoning regulations are established in order to carry out the general purposes of the Special Stapleton Waterfront District.

These areas shall include Subareas A, B1, B2, B3, B4, B5, C, D and E, the Esplanade and two designated public open spaces: Pier Place and the Cove. In addition, Subareas B and E shall include upland connections and Subarea E shall include a shore public walkway.

The District Plan includes the following maps in Appendix A of this Chapter.

Map 1 Special Stapleton Waterfront District, Subareas and Public Spaces

Map 2 Ground Floor Use and Frontage Requirements

Map 3 Mandatory Front Building Wall Lines

Map 4 Restricted Curb Cut and Off-Street Loading Locations

Map 5 Upland Connections and Visual Corridors

Map 6 Location of Visual Corridor in Subarea E

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 shall apply.

In order to carry out the purposes and provisions of this Chapter, the following subareas are established within the Special Stapleton Waterfront District: Subarea A, Subarea B, comprised of Subareas B1, B2, B3, B4 and B5, Subareas C, D and E, the Esplanade, Pier Place and the Cove. In each of these subareas, special regulations apply that may not apply in other subareas.

In Subareas A, B and C, the Esplanade, Pier Place and the Cove, the provisions of Article VI, Chapter 2 (Special Regulations Applying in the Waterfront Area), shall not apply. In lieu thereof, the special use, bulk, accessory off-street parking, public access and urban design regulations of Sections 116-10 through 116-50 shall apply.

In Subarea D, the provisions of Article VI, Chapter 2 shall apply pursuant to the underlying M2-1 District regulations.

In Subarea E, the underlying provisions of Article VI, Chapter 2 shall apply, except as modified in Section 116-60 (SPECIAL REGULATIONS IN SUBAREA E), inclusive. In addition, the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Zones), shall not apply. In lieu thereof, the provisions of Section 116-623 (Height and setback regulations), shall apply.

Lower density growth management area regulations shall not apply in the Special Stapleton Waterfront District.

The underlying ground floor level streetscape provisions set forth in Section 32-30 (STREETSCAPE REGULATIONS), inclusive, shall apply except that:

1. ground floor level street frontages along streets, or portions thereof, designated on Map 2 (Ground Floor Use and Frontage Requirements) in Appendix A of this Chapter shall be considered Tier C street frontages; and
2. remaining ground floor level street frontages shall be considered Tier B street frontages. However, in lieu of the parking wrap and enclosure provisions of Section 32-32, inclusive, the provisions for Tier A street frontages set forth in Section 32-312 (Ground floor level parking restrictions) may be applied. Notwithstanding the above, in Subarea B5, parking may be located between the street wall of the building and the Front Street street line.

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

The sign regulations of the underlying C4-2 District in Section 32-60 (Sign Regulations) shall be modified as follows: flashing signs shall not be permitted in Subareas A, B and C, the Esplanade, Pier Place and the Cove.

The provisions of Sections 34-112 and 35-23 (Residential Bulk Regulations in other C1 or C2 Districts or in C3, C4, C5 or C6 Districts) are modified as follows:

The applicable bulk regulations for residential uses in C4-2A Districts shall be those for R6B Districts.

The maximum floor area ratio for all uses shall be 2.0. However, for zoning lots containing qualifying affordable housing or qualifying senior housing, the maximum residential floor area ratio shall be 2.40.

Additionally, for zoning lots in Subareas A and B1, up to a total of 100,000 square feet of floor space, within a public school, constructed in whole or in part pursuant to an agreement with the New York City School Construction Authority and subject to the jurisdiction of the Department of Education, shall be exempt from the definition of floor area. Zoning lots within Subarea A and B1 that are contiguous or would be contiguous but for their separation by a street, may be considered one zoning lot for the purpose of applying these special floor area regulations.

The special height and setback regulations set forth in this Section shall apply.

Waivers of parking requirements for commercial or community facility uses shall only apply to zoning lots existing both on October 25, 2006, and on the date of application for a building permit. 

Curb cuts are prohibited in the locations shown on Map 4 (Restricted Curb Cut and Off-Street Loading Locations) in Appendix A of this Chapter.

In Subarea C, for zoning lots with access only to Front Street, only one curb cut shall be permitted along Front Street.

In Subareas A, B and C, the maximum width of curb cuts shall not exceed 25 feet, including splays.

The provisions of this Section shall apply to any new or enlarged open off-street parking facility with ten spaces or more, except where the provisions of Section 37-90 (PARKING LOTS), inclusive, apply.

(a)        Screening

Such off-street parking facilities shall be screened, in accordance with the provisions of this Section, from all adjoining zoning lots, including such zoning lots situated across a street, and from any designated open space accessible to the public situated on the same zoning lot, including the Esplanade.

Such screening shall consist of a strip at least four feet wide, densely planted with evergreen shrubs at least four feet high at the time of planting and which are of a type which may be expected to form a year–round dense screen at least six feet high within three years.

Accessory parking spaces that front upon a street shall be screened by a strip at least four feet wide and densely planted with evergreen shrubs to be maintained at all times at a height not less than two and one-half feet and not more than four feet.

In addition, a wall or barrier or uniformly-painted fence of fire-resistant material at least four feet high but not more than eight feet above finished grade may be provided. Such wall, barrier or fence must be 100 percent opaque up to a height of four feet above the finished grade of the parking facility and not more than 35 percent opaque above four feet. No chain link fences shall be permitted. All permitted fences shall be located behind landscaped areas when viewed from the street.

Such screening shall be maintained in good condition at all times, may be interrupted by normal entrances or exits, and shall have no signs hung or attached thereto other than those permitted in Sections 32-60, inclusive, or 62-654.

(b)        Tree planting requirements

Trees, pre-existing or newly-planted, shall be provided at the rate of one tree for every eight open parking spaces within the off-street parking facility and may be located on the perimeter of the parking facility or in planting islands within the parking area. For parking facilities with more than 25 open parking spaces, at least 30 percent of trees provided to meet this requirement shall be located in planting islands within the parking area. Trees shall be planted in accordance with the requirements of the Department of Parks and Recreation.

In the locations shown on Map 5 (Upland Connections and Visual Corridors) in Appendix A of this Chapter, upland connections shall be provided. An upland connection traversing a zoning lot in Subareas A, B and C shall consist of a single circulation path bordered continuously along both sides by buffer zones.

(a)        Required dimensions

The minimum width of the upland connection shall be 30 feet. When an upland connection, or a portion thereof, abuts a private driveway, no buffer zone is required.

(b)        Buffer zone

The buffer zone is a landscaped area running along the edge of the upland connection that bounds the boundary of the non-public portions of the zoning lot; each buffer zone shall have a minimum width of seven feet. The buffer zone shall be improved entirely as planting area, except at locations:  

(1)        occupied by permitted obstructions; or

(2)        where there is ground floor commercial use frontage on the upland connection, in which case that portion of the buffer zone may be paved.

(c)        Permitted obstructions

The provisions of Section 62-611 (Permitted obstructions) shall apply to upland connections within Subarea B, the Esplanade, Pier Place and the Cove. The permitted obstructions listed in paragraph (b)(2) of Section 62-611 are further subject to the tree and planting requirements of Section 62-655. Water-Dependent (WD) uses referenced in paragraph (a)(6) of Section 62-611 shall be as listed in Section 62-211.

Visual corridors shall be provided in the locations shown on Map 5 in Appendix A of this Chapter. Such visual corridors shall be subject to the requirements of Section 116-512 (Design requirements for visual corridors).

(a)        Circulation and access

(1)        Where an upland connection abuts a private driveway, a circulation path with a minimum clear width of six feet shall be provided along both sides of the driveway. The remaining area shall be planted pursuant to the provisions of paragraph (c) of this Section.

(2)        All other upland connections through zoning lots shall have a circulation path with a minimum clear width of 16 feet.

(b)        Seating

A minimum of 12 linear feet of seating shall be provided for every 100 linear feet of upland connection.

(c)        Planting

Where an upland connection abuts a private driveway, a single row of shade trees shall be planted adjoining a required circulation path in accordance with the standards of Section 62-655 (Planting and trees). Within all upland connections, any unpaved area shall be planting area.

The New York City Waterfront Symbol Plaque shall be used to direct the public to waterfront public access areas including the Esplanade and upland connections within Subarea B, Pier Place and the Cove, and to identify the entry points of these areas. Such signage shall be provided in accordance with requirements of Section 62-654.

The use regulations of Article VI, Chapter 2 (Special Regulations Applying in the Waterfront Area) shall apply, except that the provisions of Section 62-29 (Special Use Regulations for Medium- and High-Density Districts) shall be modified to allow uses listed in Section 62-212 (Waterfront-Enhancing (WE) uses) to be located anywhere within a building existing prior to July 20, 2017, provided that no commercial floor area is located above a dwelling unit.

The bulk regulations of Article VI, Chapter 2 (Special Regulations Applying in the Waterfront Area) shall apply, except as modified in Section 116-62, inclusive.

The provisions of Section 62-51 (Applicability of Visual Corridor Requirements) shall apply, except as modified in this Section. The minimum width of the required visual corridor shall be 60 feet. The location of such visual corridor shall be as shown on Maps 5 and 6 in Appendix A of this Chapter. Such visual corridor shall be located such that the northern boundary of the visual corridor shall intersect with the easterly street line of Edgewater Street at a point 22 feet south of the following intersection: the easterly prolongation of the northerly street line of Lynhurst Avenue and the easterly street line of Edgewater Street. Such visual corridor shall extend to the pierhead line at an angle of 89.35 degrees, as measured between the northern boundary of such visual corridor and the portion of the easterly street line of Edgewater Street north of such visual corridor.

Definitions specifically applicable to this Chapter are set forth in this Section. Other defined terms are set forth in Section 12-10 (DEFINITIONS), Section 32-301 (Definitions) and Section 66-11 (Definitions). Additional defined terms specific to certain Subdistricts are set forth in Sections 117-361 and 117-503.

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, or for transit-adjacent sites or qualifying transit improvement sites, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Hazard Areas), or Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI shall control.

1. 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.
2. 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:
   1. no access exists between such uses at any level containing dwelling units; and
   2. the environmental requirements set forth in Section 32-423 shall be met where commercial or manufacturing uses are located above any story containing dwelling units.
3. Regulations relating to accessory parking facilities, public parking lots and public parking garages 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 Sections 117-26 (Off-street Parking and Loading Regulations) and 117-54 (Off-street Parking and Loading Regulations).
4. 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.
5. Where references are made to block numbers within this Chapter, such numbers are to be found on the maps appended to this Chapter.

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, C, D and E:

Appendix A    Special Long Island City Mixed Use District and Subdistricts Plan Map

Appendix B    Queens Plaza West Subdistrict Plan Maps

Map 1 - Subdistrict Plan Map and Streetscape Regulations

Appendix C    Northern Hunters Point Waterfront Subdistrict Plan Maps

Map 1 - Subdistrict Plan Map and Designated Subareas

Map 2 - Streetscape Regulations Designation

Map 3 - Waterfront Access Plan Parcels Designation

Map 4 - Public Access Elements

Map 5 - Visual Corridors Designation

Appendix D    Court Square Subdistrict Plan Map and Description of Improvements

Appendix E    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

In order to carry out the purposes and provisions of this Chapter, six subdistricts are established within the Special Long Island City Mixed Use District, as follows:

Court Square Subdistrict, as set forth in Section 117-40, inclusive;

Dutch Kills Subdistrict, as set forth in Section 117-60, inclusive;

Hunters Point Subdistrict, as set forth in Section 117-10, inclusive;

Northern Hunters Point Waterfront Subdistrict, as set forth in Section 117-30, inclusive;

Queens Plaza Subdistrict, as set forth in Section 117-50, inclusive; and

Queens Plaza West Subdistrict, as set forth in Section 117-20, inclusive.

In each of these subdistricts, certain special regulations apply which do not apply within the remainder of the Special Long Island City Mixed Use District. The subdistricts are outlined on Map 1 in Appendix A of this Chapter.

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

In the Special Long Island City Mixed Use District, M1 Districts are paired with a Residence District. In paired districts, the special use, bulk and parking and loading provisions of Article XII, Chapter 3 (Special Mixed Use District) shall apply, except where modified by the provisions of this Chapter. For the purposes of applying the provisions of this Chapter, such provisions shall be considered the underlying district regulations.

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

The use, bulk and parking regulations of the underlying districts shall apply, except as modified by the provisions of Section 117-10 (HUNTERS POINT SUBDISTRICT), inclusive.

M1-4/R6A  M1-4/R6B  M1-4/R7A  M1-5/R7X  M1-5/R8A

In the districts indicated, uses listed under Food and Beverage Retailers in Use Group VI shall be permitted without a size limitation.

R6B  M1-4/R6A  M1-4/R7A  M1-5/R8A  M1-4/R6B  M1-5/R7X

1. In the districts indicated, the street wall location provisions of paragraph (a) Section 23-431 shall apply.
2. In C1 and C2 Districts
   
   For C1 or C2 Districts, the street wall location provisions of paragraph (a) Section 35-631 shall apply.

In the Queens Plaza West Subdistrict, the use, bulk, and parking regulations of the underlying districts shall apply, except as modified by the provisions of Section 117-20 (QUEENS PLAZA WEST SUBDISTRICT), inclusive.

The regulations of Section 117-20, inclusive, are designed to implement the Queens Plaza West subdistrict plan as set forth in Appendix B to this Chapter.

The use regulations of the underlying districts shall apply, except as modified by the provisions of this Section, inclusive.

The floor area regulations of the underlying districts shall apply, except as modified by the provisions of this Section, inclusive.

The yard regulations of the underlying districts shall apply, except that in all M1 Districts paired with a Residence District, the yard regulations applicable to an M1 District with an A suffix shall apply to portions of buildings allocated to manufacturing, commercial, or community facility uses.

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

For zoning lots containing schools, the City Planning Commission may authorize the modification of any bulk regulation, other than floor area ratio, provided that the conditions in paragraph (a) and the findings in paragraph (b) are met.

1. Conditions
   
   Where maximum height limitations apply, modifications to maximum building height limits shall not exceed 30 feet.
2. Findings
   
   The Commission shall find that:
   1. such bulk modifications are the minimum extent necessary to reasonably accommodate the school and buildings or other structures on the zoning lot;
   2. the proposed modification does not impair the essential character of the surrounding area; and
   3. the proposed modification will not unduly obstruct access to light and air to surrounding streets or properties.

In M1 Districts without a letter suffix paired with an R9 or R10 District, the off-street parking provisions of Article I, Chapter 6, shall be modified as follows:

1. the prohibition of curb cuts accessing entrances and exits to accessory off-street parking facilities and public parking garages on certain streets, as set forth in paragraphs (b) and (c) of Section 16-23 (Curb Cut Restrictions), shall also apply to 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.

In the Northern Hunters Point Waterfront Subdistrict, the use, bulk, and parking regulations of the underlying districts shall apply, except as modified by the provisions of Section 117-30 (NORTHERN HUNTERS POINT WATERFRONT SUBDISTRICT), inclusive.

The regulations of Section 117-30, inclusive, are designed to implement the Northern Hunters Point Waterfront Subdistrict Plan as set forth in Appendix C to this Chapter.

In the Northern Hunters Point Waterfront Subdistrict, all zoning lots in M1 Districts paired with a Residence District without a letter suffix shall be considered waterfront zoning lots for the purposes of applying the height and setback regulations of Section 62-343 (Height and setback regulations in other medium- and high-density districts), as modified by the provisions of Section 117-34 (Special Height and Setback Regulations), inclusive. Such height and setback provisions, along with other applicable bulk regulations, may be modified by special permit of the City Planning Commission on such waterfront zoning lots pursuant to Section 62-837 (Bulk modifications on waterfront blocks).

In addition, all zoning lots under common ownership that are contiguous or would be contiguous but for a street established after November 12, 2025, shall be considered waterfront zoning lots for the purposes of applying the provisions of Section 62-50 (GENERAL REQUIREMENTS FOR VISUAL CORRIDORS AND WATERFRONT PUBLIC ACCESS AREAS), inclusive, as modified by Section 117-36 (Northern Hunters Point Waterfront Access Plan), inclusive.

In the Northern Hunters Point Waterfront Subdistrict, for zoning lots divided by district boundaries, the floor area resulting from the calculation of adjusted maximum floor area ratio pursuant to Section 77-22 (Floor Area Ratio) may be located anywhere on the zoning lot and the limitations on the amount of floor area ratio permitted on any portion of the zoning lot set forth in Section 77-22 shall not apply.

The use regulations of the underlying districts shall apply, except as modified by the provisions of this Section, inclusive.

The floor area regulations of the underlying districts shall apply, except as modified by the provisions of this Section, inclusive.

For the purpose of applying the special floor area ratio provisions of this Subdistrict, six Subareas are designated. The locations of these subareas are shown on Map 1 (Subdistrict Plan Map and Designated Subareas) in Appendix C to this Chapter. Outside of a Subarea, the underlying floor area regulations shall apply. 

The underlying yard regulations of Section 62-33 (Special Yard and Lot Regulations on Waterfront Blocks), inclusive, shall apply. In addition, where a waterfront yard is not required pursuant to Section 62-33, yards meeting the dimensional requirements of Section 62-332 (Rear yards and waterfront yards) shall be provided in connection with any development, in accordance with the provisions of paragraph (f) of Section 62-912 (Elements of a Waterfront Access Plan).

 In Manufacturing Districts, the underlying height and setback regulations shall apply. 

In M1 Districts paired with a Residence District with a letter suffix, the provisions of Section 123-65 (Special Height and Setback Regulations in Special Mixed Use Districts With R6 Through R12 District Designations), inclusive, shall apply, except as modified by the provisions of this Section, inclusive.

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

For zoning lots containing schools, the City Planning Commission may authorize the modification of any bulk regulation, other than floor area ratio, provided that the conditions in paragraph (a) and the findings in paragraph (b) are met.

1. Conditions
   
   Where maximum height limitations apply, modifications to maximum building height limits shall not exceed 30 feet.
2. Findings
   
   The Commission shall find that:
   1. such bulk modifications are the minimum extent necessary to reasonably accommodate the school and buildings or other structures on the zoning lot;
   2. the proposed modification does not impair the essential character of the surrounding area; and
   3. the proposed modification will not unduly obstruct access to light and air to surrounding streets or properties.

The boundaries of the area comprising the Northern Hunters Point Waterfront Access Plan and the location of certain features mandated or permitted by the Plan are shown in Maps 3 through 5 through located in Appendix C to this Chapter. The plan area has been divided into parcels consisting of tax blocks and lots and other lands existing on November 12, 2025, as follows:

Parcel 1:    Block 477, Lots 13, 15, 20

Parcel 2:    Block 477, Lot 24

Parcel 3:    Block 488, Lot 114

Parcel 4:    Block 488, Lot 1, 2, 3

Parcel 5:    Block 488, Lots 11, 15, 35

                   Block 489, Lots 1, 23, 46

Parcel 6:    Beginning at the intersection of 44th Drive and 5th Street extending westerly to the U.S. Pierhead and Bulkhead line abutting Parcel 5 on the northern edge and Parcel 7 on the southern edge 

Parcel 7:    Block 25, Lot 15

Parcel 8:    Block 25, Lots 1, 9, 10, 11

                   Block 26, Lot 10

Parcel 9:    Block 26, Lots 1, 2, 3, 4

Parcel 10:    Block 26, Lots 17 and 21

In the Court Square Subdistrict, the use, #bulk, and parking regulations of the underlying districts shall apply, except as modified by the provisions of Section 117-40 (COURT SQUARE SUBDISTRICT), inclusive.

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 D 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 District.

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 D (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 D, 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.

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 the Queens Plaza Subdistrict, the use, #bulk, and parking regulations of the underlying districts shall apply, except as modified by the provisions of Section 117-50 (QUEENS PLAZA SUBDISTRICT), inclusive.

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 E 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:

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.

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 home occupation may occupy more than 1,000 square feet of floor area and up to three persons not residing in the dwelling unit or rooming unit may be employed.

The use regulations of the underlying districts shall apply, except where modified by the provisions of this Section, inclusive.

The bulk regulations of the underlying districts shall apply, except as modified by the provisions this Section, inclusive.

The height and setback regulations of the designated Residence and M1 Districts shall not apply, except for permitted obstructions pursuant to Sections 23-41 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.

1. The off-street parking provisions of Article I, Chapter 6, shall be modified as follows:
   1. the prohibition of curb cuts accessing entrances and exits to accessory off-street parking facilities and public parking garages on certain streets, as set forth in paragraphs (b) and (c) of Section 16-23 (Curb Cut Restrictions), shall also apply to Northern Boulevard and Crescent 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.
2. Curb cuts shall not be permitted within 40 feet of a zoning lot line that abuts the Sunnyside Yard.
3. 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).

The provisions of Sections 117-552 (Mandatory sidewalk widening) and 117-553 (Mandatory sidewalk widening design requirements) apply to those locations identified on Map 3 in Appendix E of this Chapter.

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 E 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 Article V, Chapter 4 (Non-complying Buildings), Section 54-311 (Buildings containing rooming units) shall not apply.

In the Dutch Kills Subdistrict, the use, #bulk, and parking regulations of the underlying districts shall apply, except as modified by the provisions of Section 117-60, inclusive.

In the Dutch Kills Subdistrict, uses listed under Food and Beverage Retailers in Use Group VI shall be permitted without a size limitation.

Maximum floor area ratio and street wall provisions in the designated districts are modified as set forth in Sections 117-631 and 117-632, respectively.

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:

1. 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 V. 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 V.
   2. For Use Group V uses, the provisions of Section 44-232 (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.
2. Residential uses
   
   Where the designated district is an 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.

In harmony with the general purpose and intent of this Resolution and the general purposes of the Special Union Square District and in accordance with the provisions of this Chapter, certain specified use, bulk and sign regulations of the underlying district are made inapplicable and are superseded by the use, bulk and sign regulations of the Special Union Square District as set forth in this Chapter. In addition, special street wall transparency and location of entrance requirements are set forth in this Chapter. Except as modified by the express provisions of this Chapter, the underlying district regulations remain in effect.

For transit-adjacent sites or qualifying transit improvement sites, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI, Chapter 6 shall control. For the purposes of this paragraph, defined terms additionally include those in Section 66-11 (Definitions).

The District Plan of the Special Union Square District is set forth in Appendix A and is incorporated as an integral part of the provisions of this Chapter.

The underlying ground floor level streetscape provisions set forth in Section 32-30 (STREETSCAPE REGULATIONS), inclusive, shall apply, except that ground floor level street frontages along 14th Street, Union Square East, Union Square West or 17th Street, shall be considered Tier C street frontages.

In addition to the underlying provisions for such Tier C street frontages, the following shall apply:

1. ground floor level uses with frontage on 14th Street shall be entered directly from 14th Street; and
2. for buildings fronting on Union Square East, Union Square West, or 17th Street between Broadway and Park Avenue South, where a use comprises at least 40 percent of the floor area of a building, the principal entrance to such use shall be located on such frontages. Where multiple uses comprise more than 40 percent, an entrance to only one such use need be located on such frontages. 

Defined terms in this Section include those in Sections 12-10 and 32-301.

On street walls fronting on 14th Street, no sign may be located more than 25 feet above curb level.

Signs on street walls fronting on all other streets within the Special District shall be subject to the provisions of Section 32-672 (Special provisions for high density areas)

Flashing signs are not permitted within the Special District.

The maximum floor area ratio permitted on property bounded by:

1. Broadway, a line midway between East 14th Street and East 13th Street, a line 100 feet west of University Place, Union Square West and Broadway, a line midway between East 17th Street and East 18th Street, a line 100 feet east of Park Avenue South and Union Square East, East 15th Street, Union Square East, East 17th Street, Union Square West and East 14th Street is 8.0. However, for qualifying affordable housing or qualifying senior housing the maximum floor area ratio shall be 9.6; and
2. Broadway, a line midway between East 13th Street and East 14th Street, south prolongation of the center line of Irving Place and Irving Place, East 15th Street, Union Square East, Fourth Avenue, and East 14th Street is 10.0. However, for qualifying affordable housing or qualifying senior housing the maximum floor area ratio shall be 12.

The commercial floor area ratio shall not exceed 6.0 except in accordance with the provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements).

The height above curb level of the street wall of any development or enlargement shall be as shown in the District Plan (Appendix A). In addition, the following provisions shall apply:

1. The street wall location provisions of paragraph (a) of Section 35-631 (Street wall location) shall apply to all street walls except that when a prevailing street wall frontage exists, the line-up provisions of paragraph (a) of Section 23-431 (Street wall location requirements) shall apply. For the purposes of applying street wall location regulations, all streets shall be considered as wide streets.
2. Street wall recesses are permitted below the level of the second story ceiling for subway stair entrances required under Section 118-50 118-30 (OFF STREET RELOCATION OF A SUBWAY STAIR WITHIN THE SPECIAL UNION SQUARE DISTRICT). Such recesses shall be no longer than 15 feet and no deeper than eight feet or the width or length of the relocated subway stair, whichever is greater.
   
   Street wall recesses are also permitted below the level of the second story ceiling for building or store entrances only.
3. On a zoning lot where there is an existing building to remain, the requirements governing height and location of street walls shall not apply within a volume defined by the rear wall of the existing building (W2), the front lot line (W1), the prolongations of the side walls (L) and a height of 125 feet above curb level.
   
   If, after January 10, 1985, any demolition or destruction occurs within the volume defined, the requirements governing street wall height shall apply.

EXISTING BUILDING VOLUME FOR
MODIFICATION OF STREET WALL REQUIREMENTS

1. The City Planning Commission may authorize modifications in the required street wall location if the Commission finds that the existing buildings, or existing open areas serving existing buildings to remain on the zoning lot, would be adversely affected by the location of the street walls of the development, enlargement or alteration in a manner prescribed in paragraph (c) of this Section.

A sky exposure plane of 2.5 to 1 shall begin at a height above curb level of 125 feet on all streets within the Special District, except that on a narrow street beyond 100 feet from any street line opposite a public park or from the intersection of such narrow street with a wide street, the sky exposure plane shall begin at a height above curb level of 85 feet. No development or enlargement shall penetrate such sky exposure plane except pursuant to Section 33-45 (Tower Regulations). However, Section 33-45 shall not be applicable to any portion of a building located within 100 feet of a street line opposite a public park. In addition, energy infrastructure equipment and accessory# mechanical equipment shall be permitted obstructions above such height limits, subject to the provisions of Section 33-42 (Permitted Obstructions).

For qualifying affordable housing or qualifying senior housing, the height and setback provisions of Section 35-652 (Maximum height of buildings and setback regulations) may be applied as an alternative as follows:

1. above a height of 125 feet above curb level or 85 feet on a narrow street beyond 100 feet from any street line opposite a public park or from the intersection of such narrow street, a setback pursuant to the provisions of Section 23-433 (Standard setback regulations) shall apply;
2. the maximum building height provisions of a C6-3A District shall apply to zoning lots subject to the provisions of paragraph (a) of Section 118-21 (Floor Area Regulations); 
3. the maximum building height provisions of a C6-4A District shall apply to zoning lots subject to the provisions of paragraph (b) of Section 118-21; and
4. permitted obstructions pursuant to Section 35-61 shall apply.

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

Area of no disturbance

An "area of no disturbance" is an area designated on the site plan that is protected from all types of intrusion, including: site alteration, operation of construction equipment, storage of construction materials, excavation or regrading, tunneling for utilities, removal of trees, topsoil or any living vegetation, or construction of driveways, private roads, parking areas, patios, decks, swimming pools, walkways or other impervious surfaces, including any surfaces with permeable paving. Areas of no disturbance shall include steep slopes, steep slope buffers and the critical root zone of each tree proposed for preservation.

Average percent of slope

The "average percent of slope" of a zoning lot is the average slope of all portions of a zoning lot excluding steep slopes and shall be determined according to the following equation:

Where:

S - average percent of slope

I - contour interval in feet

L - combined length of contour lines in feet, excluding those portions bordering or lying within areas having a slope of 25 percent or greater and meeting the definition of steep slope

A - gross area in square feet of the zoning lot, excluding those portions of the zoning lot having a slope of 25 percent or greater and meeting the definition of steep slope. For a proposed site alteration on a tract of land not within a zoning lot, the portion of such tract of land owned by the applicant shall be considered to be part of the zoning lot.

100 - factor which yields slope as a percentage

CALCULATING AREAS HAVING A SLOPE EQUAL TO OR GREATER THAN 25 PERCENT (illustrative example)

Example:

Where:

X -        distance between contour lines which indicates a slope of 25 percent

In order to calculate the area having a slope equal to or greater than 25 percent, one can use a map with two-foot contour intervals and a scale of one inch equals 20 feet, such as the map pictured above. A 25 percent slope, on a map with two-foot contour intervals, is indicated by contour lines which are 8.0 feet apart, rounded to the nearest tenth (0.1) of a foot. On a map whose scale is one inch to 20 feet, 8.0 feet is represented by 0.4 of an inch, rounded to the nearest tenth (0.1) of an inch.

Identify where the contour lines are 0.4 of an inch or less apart. Connect these contour lines (as indicated by the heavy lines on the map) and calculate the area.

Buildable area

A "buildable area" is a portion of a zoning lot excluding steep slopes.

Caliper (of a tree)

"Caliper" of a tree is the diameter of a tree trunk measured 4 feet, 6 inches from the ground. If a tree splits into multiple trunks below 4 feet, 6 inches from the ground, the trunk is measured at its most narrow point beneath the split.

Critical root zone

The "critical root zone" of a tree is the area containing the roots of a tree that must be maintained and protected to ensure the tree's survival. The area of the critical root zone is measured as one radial foot for every caliper inch of the tree, with a required minimum of four radial feet and maximum of 22 radial feet, measured from the surface of the tree trunk at grade.

Hillside

A "hillside" is defined as ground where the ratio of change in elevation to horizontal distance results in a 10 percent or greater slope or average percent of slope.

Site alteration

For the purposes of this Chapter, a "site alteration" is an alteration on any vacant tract of land, land with minor improvements or any tract of land containing buildings or other structures. Site alterations shall include the following:

(a)        removal of topsoil;

(b)        excavating, filling, land contour work and other topographic modifications where the ground elevation of the land existing on June 30, 1987, is modified by two feet or more;

(c)        dumping, changes in existing drainage systems and changes in grade, alignment or width of public rights-of-way; or

(d)        removal of vegetation beyond 15 feet of the foundation of an existing building, except when the plant materials' continued presence would create hazards or dangers (such as an area affected by storm or plant disease) to persons, property or other plant material which it would not be possible or practical to eliminate by pruning or routine maintenance.

Staging area

A "staging area" is any area on a zoning lot or other tract of land used during the construction of a development, enlargement or site alteration for the purposes of stockpiling soil or construction materials; storing, cleaning or servicing construction equipment, vehicles or tools; or storing leachable construction products, gases or other materials used to clean or service vehicles, equipment or tools.

Steep slope

A "steep slope" is a portion of a zoning lot or other tract of land with an incline of 25 percent or greater. However, a portion of a zoning lot or other tract of land with an incline of 25 percent or greater shall not be considered a steep slope if it occupies an area of less than 200 square feet or has a dimension of less than 10 feet, measured along the horizontal plane, unless such portions in the aggregate equal 10 percent or more of the area of the zoning lot.

Steep slope buffer

A "steep slope buffer" is a 15-foot wide area having a slope of less than 25 percent that adjoins the entire length of the crest of a steep slope.

Tier I site

A "Tier I site" is a zoning lot or other tract of land having an average percent of slope of less than 10 percent.

Tier II site

A "Tier II site" is a zoning lot or other tract of land having an average percent of slope equal to or greater than 10 percent.

Topsoil

"Topsoil" is soil containing undisturbed humus and organic matter capable of sustaining vigorous plant growth and is generally the top six inches of soil.

Tree credit

A "tree credit" is a credit for preserving an existing tree of six-inch caliper or more which is counted toward a tree preservation requirement, or a credit for a newly planted tree of three-inch caliper or more which is counted toward a tree planting requirement.

Tree protection plan

A "tree protection plan" is a plan that modifies the area of no disturbance around a tree proposed for preservation while protecting and preserving the tree during construction. A tree protection plan is prepared by an arborist certified by the International Society of Arborculturists (ISA) or equivalent professional organization that includes:

(a)        a survey of the current condition and health of such trees of six-inch caliper or more;

(b)        methods for tree protection and preservation based on best management practices, including the prevention of damage due to compaction, grade and drainage pattern changes and tunneling for utilities;

(c)        a schedule for site monitoring during construction;

(d)        a procedure to communicate protection measures to contractor and workers; and

(e)        post-construction treatment.

In harmony with the general purpose and intent of this Resolution and the general purposes of the Special Hillsides Preservation District, the regulations of the districts upon which this Special District is superimposed are supplemented or modified in accordance with the provisions of this Chapter. Except as modified by the express provisions of this Chapter, the regulations of the underlying districts remain in effect.

Any development, enlargement or site alteration on the buildable area of a zoning lot where the average percent of slope is less than 10 percent shall be regulated by the provisions set forth in Section 119-10 (PROVISIONS REGULATING TIER I SITES). Any development, enlargement or site alteration on the buildable area of a zoning lot having an average percent of slope equal to or greater than 10 percent shall be governed by the provisions set forth in Section 119-20 (PROVISIONS REGULATING TIER II SITES).

No development, enlargement or site alteration is permitted within any area of no disturbance on a zoning lot or other tract of land. Areas of no disturbance shall remain in their natural state, except:

(a)        for steep slopes or steep slope buffers, an authorization may be granted by the City Planning Commission, pursuant to Section 119-30 (SPECIAL REVIEW PROVISIONS);

(b)        vegetation and topsoil may be removed from a steep slope buffer during construction on a Tier I site, provided that the development, enlargement or site alteration complies with the requirements of Sections 119-215 (Landscaping controls to preserve trees, shrubs and ground cover), 119-217 (Tier II controls during construction) and 119-22 (Tier II Submission Requirements); or

(c)        in accordance with a tree protection plan.

Those portions of a zoning lot having areas of no disturbance, however, may count as lot area for the purposes of the applicable regulations on yards, floor area ratio, open space ratio or maximum number of dwelling units or rooming units.

The following uses, including enlargements to such uses, shall not be permitted within the Special Hillsides Preservation District unless an authorization is granted by the Commission pursuant to Section 119-30: community facility uses, group parking facilities of 30 cars or more, whether or not they are necessary to satisfy parking requirements.

When the Special Hillsides Preservation District is designated on a public park, or portion thereof, site alterations, the construction of new park-related facilities such as, but not limited to, roadways, parking lots, comfort stations, storage facilities, swimming pools, eating establishments, tennis courts, amphitheaters and stadiums, and improvements to existing park-related facilities, shall not be subject to the provisions of Sections 119-10 or 119-20 but shall require an authorization from the Commission, pursuant to Section 119-31 (Authorizations).

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.

Any development on a zoning lot having an average percent of slope of 10 percent or greater, which is used predominantly for residential use, may be treated as a large-scale residential development and special authorizations or special permits for such developments may be granted in accordance with the provisions of Article VII, Chapter 8, as modified herein, regardless of whether such development will have the area, number of buildings or number of dwelling units specified in the definition of large-scale residential developments as set forth in Section 12-10 (DEFINITIONS). However, bonuses that may be granted for large-scale residential developments under the provisions of Sections 78-32 (Bonus for Good Site Plan), 78-33 (Bonus for Common Open Space) or 78-35 (Special Bonus Provisions) may not be granted for developments that have less than the minimum area, number of buildings or number of dwelling units required by the definition of a large-scale residential development.

Notwithstanding the provisions of Section 78-06 (Ownership), a zoning lot having an average percent of slope of 10 percent or greater that is the subject of an application under this Section may include adjacent properties in more than one ownership, provided that the application is filed jointly by the owners of all the properties included. Any subdivision of the tract before, during or after development shall be subject to the provisions of Section 78-51 (General Provisions).

Within the Special Hillsides Preservation District, no zoning lot existing on June 30, 1987, may be subdivided without certification by the City Planning Commission that the proposed subdivision complies with the regulations of the Special Hillsides Preservation District and that all hillsides are preserved to the greatest extent possible under future development options.

A plan for such subdivision shall be filed with the Commission and shall include a survey map indicating existing topography at two-foot contour intervals and all individual trees of six-inch caliper or more.

When a zoning lot existing on June 30, 1987, is intended to be subdivided and is more than five acres, a site plan of the entire subdivision shall be filed with the Commission. The site plan shall include the proposed vehicular circulation system within the area, block and zoning lot layouts and any other information required by the Commission.

In the event that any zoning lot proposed for subdivision contains a development, enlargement or site alteration that has been undertaken contrary to the provisions of this Chapter, the Commission shall not approve the subdivision until violations are removed from the zoning lot, in accordance with the Commission's requirements under Section 119-40 (COMPLIANCE).

The parking regulations applicable to lower density growth management areas are modified to allow required accessory parking spaces to be located in a front yard.

To the maximum extent possible, existing trees shall be retained. Trees of six-inch caliper or more may only be removed or destroyed as a result of a development, enlargement or site alteration, provided that:

(a)        such trees are located in areas to be occupied by buildings, private roads, driveways, areas for required accessory parking, or within a distance of 15 feet of the exterior walls of such building, provided that it is not possible to avoid such removal by adjustments in the arrangement of such buildings, driveways or required parking areas;

(b)        the continued presence of such tree would create special hazards or dangers to persons or property, which would not be possible or practical to eliminate by pruning;

(c)        the continued presence of such tree would interfere with the growth or health of another tree of six-inch caliper or more designated for preservation and belonging to a species listed in Appendix B (Selection List for On-site Trees); or

(d)        an authorization pursuant to Section 119-313 (Modification of landscaping, tree preservation and tree planting requirements) has been granted by the City Planning Commission approving the removal of such trees.

Any tree of six-inch caliper or more that cannot be preserved as a result of a proposed development, enlargement or site alteration shall be replaced pursuant to the provisions of Section 119-112 (Tier I tree planting requirements).

For all developments, enlargements or site alterations on Tier I sites, the following materials shall be submitted to the Department of Buildings. However, the submission requirements set forth herein shall not apply to an enlargement of an existing residential building, provided that such enlargement does not increase the lot coverage of said building. No building permit shall be issued until the Department of Buildings determines that the requirements of the Special Hillsides Preservation District have been met.

(a)        A survey map prepared by a licensed surveyor showing topography at two-foot contour intervals and indicating the existing slope of the land, as it occurs, in categories of 10–14 percent, 15–19 percent, 20–24 percent, 25 percent and greater; the location of existing buildings or other structures, patios, decks, swimming pools, walkways, driveways and private roads, including sidewalks and other impervious surfaces; and the location, caliper and species of all trees of six-inch caliper or more on the zoning lot and in the sidewalk area of the adjacent streets.

(b)        A site plan prepared by a registered architect or professional engineer indicating the location of all existing buildings or other structures; the location of all proposed buildings or other structures; the location of existing and proposed patios, decks, swimming pools, walkways, driveways and private roads, including sidewalks and other impervious surfaces; the location of any steep slopes, steep slope buffer areas and the staging area; and the location, caliper and species of all trees of six-inch caliper or more on the zoning lot and in the sidewalk area of the adjacent streets. The site plan shall identify those trees proposed to be removed and those trees proposed to be preserved, indicating, for the latter, the critical root zone.

(c)        A tree-planting plan, prepared by a registered landscape architect, indicating the location and species of all new plantings, and indicating the location of and the critical root zone around all trees proposed for preservation.

No permanent certificate of occupancy shall be issued by the Department of Buildings unless an inspection report, verifying that the requirements of Section 119-10 (PROVISIONS REGULATING TIER I SITES) have been met, is filed with the Department of Buildings by a registered landscape architect, licensed surveyor, registered architect or professional engineer.

The area of a private road shall be excluded from the area of the zoning lot for the purposes of applying the applicable floor area ratio or lot coverage regulations of the applicable district. For the purposes of this Section, the area of the private road shall include the area of the paved roadbed plus a seven-foot wide area adjacent to and along the entire length of the required curbs.

The maximum permitted percentage of lot coverage on a zoning lot shall be determined by Table I or Table II of this Section, as applicable.

TABLE I

PERMITTED PERCENTAGE OF LOT COVERAGE ON A ZONING LOT BY ZONING DISTRICT, AVERAGE PERCENT OF SLOPE AND RESIDENCE TYPE

If an authorization is granted for a development, enlargement or site alteration on a portion of a zoning lot having a steep slope or steep slope buffer pursuant to Section 119-311, the maximum permitted percentage of lot coverage for said zoning lot shall not exceed the maximum set forth in Table II of this Section.

TABLE II

PERMITTED PERCENTAGE OF LOT COVERAGE ON A ZONING LOT OR PORTION OF A ZONING LOT WITH A STEEP SLOPE, BY ZONING DISTRICT AND RESIDENCE TYPE

However, the maximum permitted percentage of lot coverage on a zoning lot, as determined by Table I or Table II, shall not apply to any development, enlargement or site alteration that receives an authorization pursuant to Section 119-312 (Authorization of certain uses within the Special Hillsides Preservation District) and is located in a Commercial District.

For all developments, enlargements or site alterations on Tier II sites, the following materials shall be submitted to the Department of Buildings. However, the submission requirements set forth herein shall not apply to an enlargement of an existing building, provided that such enlargement does not increase the lot coverage of said building. No building permit shall be issued until the Department of Buildings determines that the requirements of the Special Hillsides Preservation District have been met.

(a)        A survey map prepared by a licensed surveyor showing topography at two-foot contour intervals and indicating the existing slope of the land as it occurs in categories of 10–14 percent, 15–19 percent, 20–24 percent, 25 percent and greater; the location of existing buildings or other structures, patios, decks, swimming pools, walkways, driveways and private roads, including sidewalks and other impervious surfaces; and the location, caliper and species of all trees of six-inch caliper or more on the zoning lot and in the sidewalk area of the adjacent streets.

(b)        A site plan prepared by a registered architect or professional engineer indicating the location of all existing buildings or other structures; the location of all proposed buildings or other structures; the location of existing and proposed patios, decks, swimming pools, walkways, driveways and private roads, including sidewalks and other impervious surfaces; the location of all understory, including shrubs and ground cover; and the location, caliper and species of individual trees of six-inch caliper or more on the zoning lot and in the sidewalk area of the adjacent streets. The site plan shall identify those trees proposed to be removed and those trees proposed to be preserved, indicating for the latter the critical root zone, the location of any other area of no disturbance and the location of the staging area.

(c)        A grading plan that will show all existing and proposed contours at two-foot intervals, critical spot elevations, tops and bottoms of proposed slopes over 10 percent gradient and will indicate at least one longitudinal and one latitudinal cross-section showing both the original and proposed final ground surfaces, with grades, slopes and elevations noted.

(d)        An alignment and paving plan for any private road with a typical cross-section.

(e)        A landscaping and revegetation plan, prepared by a registered landscape architect, indicating the extent of vegetation and topsoil removal required for site preparation and development and the location and species of all new plantings.

(f)        A construction plan prepared by a registered landscape architect, registered architect, licensed surveyor or professional engineer showing the proposed location for the staging area, the proposed method for protecting trees, understory shrubs and ground cover during construction, as well as a description of the equipment to be employed in processing and disposing of soil and other material to be removed from the site. A tree protection plan for any tree proposed for preservation where the area of no disturbance is proposed to be modified.

(g)        An affidavit prepared by a registered landscape architect, registered architect, licensed surveyor or professional engineer stipulating the following:

(1)        prior to construction, no grading, filling, clearing or excavation of any kind shall be initiated until approval of a final grading plan by the Department of Buildings;

(2)        no construction equipment of any kind shall pass over areas to be preserved, according to the approved plans;

(3)        construction fences meeting the requirements of paragraph (b) of Section 119-217 shall be erected around all vegetation proposed for retention; and

(4)        construction controls (erosion protection, drainage measures, etc.) shall be implemented according to the approved plan.

(h)        A drainage plan and soil report prepared by a professional engineer to protect natural features. The drainage plan shall describe the temporary (during construction) and permanent measures to collect, direct and discharge stormwater drainage from the site, indicating the direction of drainage flow and providing detailed plans and locations of all surface and subsurface drainage devices, walls, dams, sediment basins, stormwater storage (detention and retention) facilities, and other drainage facilities and protective devices. Such report shall include an estimate of runoff from the site after completion of any proposed development, enlargement or site alteration and provide a description with supporting information of the manner in which the proposed development, enlargement or site alteration complies with the requirements of Local Law 103 of 1989.

All developments, enlargements or site alterations that are subject to the requirements of Section 119-22 (Tier II Submission Requirements) shall file directly with the Department of Buildings.

No permanent certificate of occupancy shall be granted unless an inspection report, verifying that the requirements of Section 119-20 have been met, is filed with the Department of Buildings by a registered landscape architect, registered architect, licensed surveyor or professional engineer.

Upon application, the City Planning Commission may grant authorizations for modifications of specified regulations of this Chapter and for the underlying district regulations in accordance with the provisions of Sections 119-311 (Authorization of a development, enlargement or site alteration on a steep slope or steep slope buffer) through 119-319 (Authorization to allow site alterations, the construction of new park-related facilities and improvements to existing park-related facilities within public parks), inclusive.

In addition, all developments, enlargements and site alterations that require an authorization pursuant to Sections 119-311 through 119-318, inclusive, shall be subject to the provisions of Sections 119-33 (Special Erosion and Sedimentation Prevention Requirements for Certain Authorizations and Special Permits) and 119-34 (Special Submission Requirements for Certain Authorizations and Special Permits).

The Commission may prescribe appropriate conditions and safeguards, including covenants running with the land which shall permit public or private enforcement reflecting terms, conditions and limitations, of any authorizations hereunder, to minimize adverse effects on the hillsides and the character and quality of the community.

The City Planning Commission may grant special permits for modification of the underlying district regulations in accordance with the provisions of Section 119-321 (Modification of use regulations).

Any development, enlargement or site alteration that requires an authorization or special permit and that is subject to the provisions of Section 119-20 (PROVISIONS REGULATING TIER II SITES), shall be subject to the provisions of this Section. The requirements of this Section shall supplement any other requirements that also must be met.

Prior to construction, at least one of the erosion and sedimentation control measures described in paragraphs (a) through (e) of the Section shall be selected. A plan describing how the selected erosion and sedimentation control measure will be implemented and justifying its selection on the basis of the particular conditions of the site shall be prepared by a professional engineer and submitted to the City Planning Commission.

(a)        Benches and berms

These are level terraces or ledges constructed across sloping land to provide a relatively flat construction site or to reduce the length and grade of the slope. Benches and berms reduce runoff and erosion hazards by slowing down the velocity of water and providing greater intake opportunity.

(b)        Diversion channels

These are earth channels with a supporting ridge on the lower side constructed across the slope lengths to break up concentration of runoff and move water to stable outlets at a non-erosive velocity.

(c)        Debris or sediment basins

These consist of a dam or embankment, a pipe outlet and an emergency spillway situated at the low corner of the site to provide a temporary means of trapping and storing sediment while releasing the water. They protect property below the installation from damage by excessive sedimentation and debris.

(d)        Retention ponds

These are impoundment-type ponds that temporarily store runoff water and release it at rates that minimize erosion and prevent flooding. They may be located above the site to trap water before it enters the area or within the site to protect properties below the site.

(e)        Grassed waterways or outlets

These are natural or excavated channels to dispose of excess runoff water from diversions, berms, benches and other areas at non-erosive velocities. Waterways or outlets are shaped or graded and established in suitable vegetation as needed, depending on the supplemental measure used to slow the velocity of runoff.

When a development, enlargement or site alteration is subject to the provisions of Section 119-20 (PROVISIONS REGULATING TIER II SITES), an application to the City Planning Commission for an authorization or special permit shall include the following submission requirements. These requirements shall be in addition to the requirements set forth in Section 119-22 (Tier II Submission Requirements).

(a)        A drainage plan and soil report prepared by a professional engineer to protect natural features. The drainage plan shall describe the temporary (during construction) and permanent measures to collect, direct and discharge stormwater drainage from the site, indicating the direction of drainage flow and providing detailed plans and locations of all surface and subsurface drainage devices, walls, dams, sediment basins, stormwater storage (detention and retention) facilities, and other drainage facilities and protective devices. Such report shall include an estimate of runoff from the site after completion of proposed developments, enlargements or site alterations and provide a description with supporting information of the manner in which the proposed development, enlargement or site alteration complies with the requirements of Local Law 103 of 1989.

(b)        An erosion and sedimentation plan as described in Section 119-33 (Special Erosion and Sedimentation Prevention Requirements for Certain Authorizations and Special Permits).

(c)        For any development or site alteration on a tract of land 40,000 square feet or greater, a landscape plan prepared by a registered landscape architect that shows the location and species of all new plantings of trees, shrubs and ground covers and the proposed method of preserving existing trees, shrubs and ground covers.

(d)        Any other information the Commission may deem necessary to evaluate the request.

The applicant's submission shall also include a statement admitting authorized Department of City Planning personnel to the site for the purposes of recording or verifying survey data.

Where a permit other than a building permit is required for a development, enlargement or site alteration within the Special Hillsides Preservation District from any City agency, an application for such permit shall be filed simultaneously with such agency and the City Planning Commission.

No permanent certificate of occupancy shall be granted unless an inspection report, verifying that the requirements of Sections 119-20 (PROVISIONS REGULATING TIER II SITES) and 119-30 (SPECIAL REVIEW PROVISIONS) have been met, is filed with the Department of Buildings by a registered landscape architect, licensed surveyor or professional engineer.

The provisions of Section 33-42 (Permitted Obstructions) shall apply to all buildings or other structures in R6A, R6B, R7A, R7B, C4-2A and C8-2 Districts in the Special Bay Ridge District, except that dormers may penetrate a maximum base height in accordance with the provisions of paragraph (b)(1) of Section 23-413 (Permitted obstructions in certain districts).

In the Special Bay Ridge District, the height and setback and maximum building height regulations of the underlying districts have been modified as follows:

1. In C8-2 Districts
   
   In C8-2 Districts, the maximum height of a building or other structure shall be 70 feet. Any portion of a building or other structure that exceeds a height of 60 feet shall be set back with a depth of at least 10 feet from a wide street line and at least 15 feet from a narrow street line.
2. For community facilities in Residence Districts
   
   In R3A, R3X, R3-2, R4A, R4-1, R4B and R5B Districts, the maximum height of a community facility building shall not exceed 32 feet.

However, energy infrastructure equipment and accessory mechanical equipment shall be permitted obstructions above such height limits, subject to the provisions of Sections 24-51 or 33-42 (Permitted Obstructions), as applicable.