The “Special Midtown South 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:

1. to retain adequate wage and job-producing industries within the Midtown South District;
2. to preserve a variety of types of space for a diversity of businesses that service the Midtown South District and the city;
3. to establish an appropriate urban scale and visual character within the Midtown South District;
4. to provide opportunities for housing growth through office to residential conversions and new development; and
5. to promote the most desirable use of land within the district, to conserve the value of land and buildings, and thereby protect the City’s tax revenues.

Within the Special Midtown South Mixed Use District the use provisions of Article XII, Chapter 3 or the underlying district, as applicable, are modified by the provisions of this Section, inclusive.

All signs shall be subject to the regulations applicable in C6-4 Districts, as set forth in Section 32-60 (SIGN REGULATIONS). However, flashing signs shall not be permitted.

Within the Special Midtown South Mixed Use District the bulk provisions of Article XII, Chapter 3 or the underlying district, as applicable, are modified by the provisions of this Section, inclusive.

The "Special Grand Concourse Preservation 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 purposes:

(a)        to protect the existing scale and form of development and the traditional residential character of the Grand Concourse including desirable design features of certain buildings through the establishment of design guidelines for renovation or alteration;

(b)        to encourage new development which is in keeping with the scale and character of the area by providing for street wall continuity and bulk regulations consistent with existing development along the Grand Concourse;

(c)        to preserve and enhance the residential character of the Grand Concourse by limiting ground floor retail and commercial uses to certain specified locations;

(d)        to regulate the location of retail and commercial signage; and

(e)        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 order to preserve the residential character of the Special District, the applicable use regulations of the underlying districts are modified, as follows:

1. Within the Limited Commercial Areas, uses listed under Use Group VI that would be permitted in a C2 District, or uses included under Offices in Use Group VII, shall be permitted, provided they are located only on the ground floor of an existing or new building containing residential or community facility uses. All existing or new commercial uses shall be directly accessible only from the street. Any existing commercial use which fails to provide direct access from a street shall be terminated one year after September 28, 1989.
2. On a cross-street within the Commercial Extension Areas, uses listed under Use Group VI that would be permitted in a C2 District, or uses included under Offices in Use Group VII shall be permitted to occupy the ground floor of an existing or new building containing residential or community facility uses. Such ground floor commercial uses may be permitted to extend up to the Grand Concourse on the basement level of a building, provided that such commercial uses are accessible only from a cross-street which intersects the Grand Concourse. No direct or indirect access to such commercial uses is permitted from the Grand Concourse.
3. Any commercial use which lawfully existed on or before July 1, 1981, on any Commercial Infill Site listed in Table A, shall be considered conforming and may be changed to a use listed under Use Group VI that would be permitted in a C2 District, or uses included under Offices in Use Group VII, or to a use which previously occupied the space lawfully on or before July 1, 1981, except that expansion or re-occupancy of floor area to a retail use listed under Use Group VI shall be restricted to the ground floor of the building.
   
   However, if a building on a Commercial Infill Site contains an entrance from the Grand Concourse as well as from the cross-street running underneath the Concourse, such entrance floors at both street levels may be occupied by retail uses listed under Use Group VI if they were in existence prior to July 1, 1981, as a lawful use. In those cases, the use of the remaining stories of such building shall be limited to uses included under Offices in Use Group VII.

TABLE A

COMMERCIAL INFILL SITES

1. For the purposes of this Chapter, any non-residential uses permitted pursuant to paragraphs (a) through (c) of this Section shall be located only on a story below the lowest story occupied by a residential use, except that this limitation shall not preclude the location of any such non-residential use below the level of the first story ceiling.

In order to enhance the visual quality of the Special District, the applicable sign regulations of the underlying districts are modified, as follows:

(a)        Within the Limited Commercial Areas, only one sign, other than an advertising sign, with a surface area not exceeding 12 square feet, shall be permitted per commercial use. Such signs shall be located in a sign band, on the flap of a canopy, or as allowed under paragraph (d) of this Section. The height of such signs shall be not more than 24 inches and the letter sizes shall be restricted to a height of 12 inches. Except as provided in paragraph (d), all such signs may not project from the vertical surface of a building more than 18 inches.

(b)        Within the Commercial Extension Areas, no signs and no display windows shall be permitted on a building or other structure within 50 feet of the Grand Concourse. Commercial uses which are located on a cross-street beyond a distance of 50 feet from the Grand Concourse street line, shall comply with the sign regulations applicable to the underlying Commercial District.

(c)        On Commercial Infill Sites, the maximum surface area to be occupied by a sign, other than an advertising sign, shall be three square feet for every five feet of store frontage or 12 square feet, whichever is greater. Such signs shall be located in a sign band or on the flap of a canopy, or as allowed under paragraph (d). On portions of Commercial Infill Sites more than 50 feet from the Grand Concourse, the signage regulations of a C1 District shall apply.

(d)        Except in C1 Districts, no sign may be located so as to obscure any decorative lintel, cornice or other architectural detail. In the event that compliance with this requirement does not provide adequate surface area for the allowable sign, as defined in paragraph (a) of this Section, a projecting sign may be permitted by the Commissioner of Buildings provided that no such sign shall project from the vertical surface of a building more than 18 inches.

(e)        Except in C1 Districts, no banners, pennants, flashing or illuminated signs shall be permitted anywhere within the Special District. In addition, within Commercial Infill Sites north of the Cross Bronx Expressway, as shown on the map in Appendix A of this Chapter, signs with indirect illumination shall be permitted on the Grand Concourse street frontage of a building.

(f)        Within the Limited Commercial Areas, Commercial Infill Sites, and Commercial Extension Areas within 50 feet of the Grand Concourse, window graphics shall occupy not more than 20 percent of a window. Display lettering more than three inches high shall be considered as a sign.

(g)        All lawfully existing non-conforming signs located within the Special District shall be terminated one year after September 28, 1989.

In order to preserve the scale and character of the Grand Concourse, the bulk regulations of the underlying R8 District and the C1 or C2 Districts mapped within such R8 District shall be inapplicable to any residential or community facility developments or enlargements located within the Special District.

In lieu thereof, such developments or enlargements shall comply with the regulations of an R8X District, or C1 or C2 District mapped within an R8X District, as applicable.

If a commercial development is constructed on a vacant Commercial Infill Site previously occupied by a commercial building on or before July 1, 1981, or an existing commercial building located on a Commercial Infill Site is replaced by a commercial development, the height, lot coverage and floor area of the commercial development shall not exceed the height, lot coverage and floor area of the building it replaced. However, if a residential or community facility building is constructed on any Commercial Infill Site or when such sites become a part of the adjoining zoning lot, it shall be subject to the R8X District regulations. No mixed buildings or enlargement of existing buildings shall be permitted on any Commercial Infill Sites.

If any new doors or windows are installed on the exterior walls of a building, they shall be uniform in width and shall be aligned with existing doors and windows.

In the Residential Preservation Area, the parking requirements of the underlying districts shall be inapplicable. In lieu thereof, the accessory off-street parking regulations of R8X Districts shall apply to developments or enlargements.

If a commercial development is constructed on a vacant Commercial Infill Site previously occupied by a commercial building on or before July 1, 1981, or an existing commercial building located on a Commercial Infill Site is replaced by a commercial development, the number of accessory off-street parking spaces provided by the commercial development shall be equal to or greater than the number of accessory off-street parking spaces provided by the building it replaced.

Notwithstanding any other provisions of this Resolution, whenever a zoning lot existing on September 28, 1989, is divided by a boundary between a district to which R8X District regulations apply and one to which R8 District regulations apply, the provisions of an R8X District shall apply to the entire zoning lot.

The regulations set forth in this Chapter shall not apply to C4 Districts and C8 Districts located within the Special Grand Concourse Preservation District.

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

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

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

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

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

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

The provisions of this Chapter shall apply within the Special Mixed Use District. The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control. However, in flood zones, 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.

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

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

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

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

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

The following Sections of Article V, Chapter 2 (Non-conforming Uses), shall not apply: Sections 52-32 through 52-37, inclusive; Sections 52-43 through 52-45, inclusive; Sections 52-54, 52-56, 52-62, 52-72, 52-731, 52-732, 52-74, and 52-75.

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

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

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

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

Port Morris, The Bronx

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

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

DUMBO, Brooklyn

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

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

Flushing/Bedford, Brooklyn

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

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

Red Hook, Brooklyn

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

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

Hudson Square, Manhattan

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

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

Morrisania, The Bronx

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

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

Greenpoint-Williamsburg, Brooklyn

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

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

Atlantic and Howard Avenues, Brooklyn

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

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

Gowanus, Brooklyn

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

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

Borough Park, Brooklyn

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

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

Lower Concourse, The Bronx

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

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

Third Avenue/Tremont Avenue, The Bronx

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

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

West Harlem, Manhattan

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

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

Ocean Hill/East New York, Brooklyn

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

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

Hunts Point, The Bronx

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

Special Mixed Use District - 18:  (10/17/19)

Mott Haven, The Bronx

The Special Mixed Use District - 18 is established in Mott Haven in The Bronx as indicated on the zoning maps.

Special Mixed Use District - 19:  (12/10/20)

Brownsville, Brooklyn

The Special Mixed Use District - 19 is established in Brownsville in Brooklyn as indicated on the zoning maps.

Special Mixed Use District - 21:  (3/25/21)

Arverne, Queens

The Special Mixed Use District - 21 is established in Arverne in Queens as indicated on the zoning maps.

Special Mixed Use District - 22:  (5/27/21)

Bushwick, Brooklyn

The Special Mixed Use District - 22 is established in Bushwick in Brooklyn as indicated on the zoning maps.

Special Mixed Use District - 23:  (10/21/21)

Ravenswood, Queens

The Special Mixed Use District - 23 is established in Ravenswood in Queens as indicated on the zoning maps.

Special Mixed Use District - 24:  (11/22/22)

Astoria, Queens

The Special Mixed Use District - 24 is established in Astoria in Queens as indicated on the zoning maps.

Special Mixed Use District - 25:  (10/27/22)

Gowanus, Brooklyn

The Special Mixed Use District - 25 is established in Gowanus in Brooklyn as indicated on the zoning maps.

Special Mixed Use District - 26:  (5/28/25)

Coney Island, Brooklyn

The Special Mixed Use District - 26 is established in Coney Island in Brooklyn as indicated on the zoning maps.

Special Mixed Use District - 27:  (8/14/25)

Wallabout, Brooklyn

The Special Mixed Use District - 27 is established in Wallabout in Brooklyn as indicated on the zoning maps.

Special Mixed Use District - 30:  (10/29/25)

Kingsbridge Heights, The Bronx

The Special Mixed Use District - 30 is established in Kingsbridge Heights in The Bronx as indicated on the zoning maps.

The “Special Willets Point 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 transform Willets Point into a diverse and sustainable community that enhances connections to its surroundings through a unique combination of uses;

(b)        to create a retail and entertainment destination that catalyzes future growth and strengthens Flushing’s role as a nexus of economic, social and cultural activity;

(c)        to encourage a mix of uses that complement sporting venues within Flushing Meadows-Corona Park;

(d)        to maximize utilization of mass transit, reducing the automobile dependency of the redevelopment;

(e)        to create a livable community combining housing, retail and other uses throughout the district;

(f)        to create a walkable, urban streetscape environment with publicly accessible open spaces;

(g)        to encourage the pedestrian orientation of ground floor uses;

(h)        to build upon the diversity of the Borough of Queens as well as the proximity of regional transportation facilities, including the Van Wyck and Whitestone Expressways, LaGuardia and JFK Airports and the Long Island Railroad;

(i)        to provide flexibility of architectural design within limits established to assure adequate access of light and air to the street, and thus to encourage more attractive and economic building forms; and

(j)        to promote the most desirable use of land and building development in accordance with the District Plan and Urban Renewal Plan for Willets Point and thus improve the value of land and buildings and thereby improve the City’s tax revenues.

The use regulations of the underlying district are modified as set forth in this Section, inclusive.

In the Special Willets Point District, bulk regulations shall be as set forth in this Section, inclusive.

Publicly accessible open spaces shall be provided as specified in Section 124-40, inclusive. In the event of a conflict between the provisions of this Section, inclusive, and any underlying regulation, the provisions of this Section shall govern.

Off-street parking shall be provided for all required parking spaces and loading berths as specified by the underlying district, except as modified by the special regulations of this Section, inclusive.

For any zoning lot within the Special Willets Point District, the City Planning Commission may permit modification of the use regulations, bulk regulations, except floor area ratio provisions, or parking and loading regulations of this Resolution, the mandatory improvement or other urban design regulations of this Chapter, or the distribution of floor area or dwelling units without regard for zoning lot lines, provided the Commission shall find that such:

1. use or bulk modification shall aid in achieving the general purposes and intent of the Special District;
2. use modification shall encourage a lively pedestrian environment along the street, or is necessary for, and the only practicable way to achieve, the programmatic requirements of the development;
3. bulk modifications shall enhance the distribution of bulk within the Special District;
4. bulk modifications shall permit adequate access of light and air to surrounding streets;
5. parking and loading modifications will not have undue adverse effects on residents and businesses in the surrounding area, will not create serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow;
6. modifications to mandatory improvements or other urban design regulations will not unduly impact the streetscape;
7. modifications to the distribution of floor area or dwelling units and the location of buildings will not unduly increase the bulk of buildings in any one block or unduly obstruct access to light and air to the detriment of the occupants or users of buildings in the block or nearby blocks or of people using the public streets; and
8. modifications, in total, shall relate harmoniously to the character of the surrounding area.

Notwithstanding the foregoing, a use modification may include a use proposed as part of a phased development within the Special District, where the Commission finds that such use is reasonably necessary for transitional purposes to assist in achievement of the goals of the Special District, provided the findings of paragraphs (a), (b) and (h) of this Section are met to the maximum extent possible, taking into account the nature of such use.

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

The "Special Southern Hunters Point 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 encourage well-designed buildings that complement the built character of the Hunters Point neighborhood;

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

(c)        to broaden the regional choice of residences by introducing new affordable housing;

(d)        to achieve a harmonious visual and functional relationship with the adjacent neighborhood;

(e)        to create a lively and attractive built environment that will provide daily amenities and services for the use and enjoyment of area residents, workers and visitors;

(f)        to take maximum advantage of the beauty of the East River waterfront and provide an open space network comprised of public parks, public open space and public access areas;

(g)        to provide flexibility of architectural design within limits established to assure adequate access of light and air to the street, and thus to encourage more attractive and economic building forms; and

(h)        to promote the most desirable use of land in accordance with the district plan for Southern Hunters Point, thus conserving the value of land and buildings, thereby protecting the City’s tax revenues.

The underlying height and setback regulations shall be modified by the provisions of this Section, inclusive. All heights shall be measured from the base plane.

The regulations governing permitted and required accessory off-street parking spaces of Article I, Chapter 6 (Comprehensive Off-street Parking Regulations in the Long Island City Area) and Article II, Chapter 5; Article III, Chapter 6; and Article IV, Chapter 4 (Accessory Off-street Parking and Loading Regulations) shall apply, except as set forth in this Section.

The "Special College Point 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 encourage and retain high performance manufacturing establishments in New York City;

(b)        to maintain the high quality business campus environment with landscaped yards within the area known as the College Point Corporate Park; and

(c)        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.

The use regulations of the underlying district are modified as set forth in this Section, inclusive.

The bulk regulations of the underlying district are modified as set forth in this Section, inclusive.

The off-street parking and loading regulations of the underlying district are modified as set forth in this Section, inclusive.

The “Special Flushing 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)        to enhance neighborhood economic diversity by broadening the range of housing choices for residents of varied incomes;

(b)        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;

(c)        to encourage well-designed development that complements the pedestrian experience and enhances the built character of the neighborhood;

(d)        to establish and maintain physical and visual public access to and along Flushing Creek;

(f)        to make use of the waterfront by providing public access via private street network, direct connections to the water and to promote coordinated redevelopment of the area in a manner consistent with waterfront access and internal circulation within the Special District; and

(g)        to promote the most desirable use of land and building development in accordance with the District Plan for Downtown Flushing and thus conserve the value of land and buildings and thereby improve the City’s tax revenues.

Within the Special Flushing Waterfront District, the use regulations of the underlying zoning districts and of Article VI, Chapter 2 (Special Regulations Applying in the Waterfront Area), and Article XII, Chapter 3 (Special Mixed Use District), shall apply, except as modified by the provisions of this Section, inclusive.

For the purpose of applying the bulk regulations of this Section, inclusive, Subdistricts A, B and C, as shown on Map 1 in the Appendix to this Chapter, shall be considered waterfront blocks.

Within Subdistricts A and B, the applicable bulk regulations of the underlying districts and of Article VI, Chapter 2 (Special Regulations Applying in the Waterfront Area), and Article XII, Chapter 3 (Special Mixed Use District), shall apply, except as modified by the provisions of this Section, inclusive.

Within Subdistrict C, the applicable bulk regulations of the underlying districts and of Article VI, Chapter 2 shall apply.

All upland connections, visual corridors, shore public walkways and publicly accessible private streets, shall be considered streets and their boundaries shall be considered street lines for the purposes of applying all bulk regulations, except that such streets shall not subdivide a zoning lot. Furthermore, such streets shall be considered part of the zoning lot for the purpose of applying the floor area regulations of this Section, inclusive.

Within the Special Flushing Waterfront District, the applicable parking and loading regulations set forth in Article III, Chapter 6 and Article IV, Chapter 4 (Accessory Off-street Parking and Loading Regulations), Article VI, Chapter 4 (Special Regulations Applying in Flood Zones), and Article XII, Chapter 3 (Special Mixed Use District) shall apply, inclusive, except as modified in this Section. For the purpose of applying the provisions of this Section, all upland connections, visual corridors, shore public walkways and publicly accessible private streets, as specified in Section 127-42 (Publicly Accessible Private Streets), shall be considered streets and their boundaries shall be considered a street line

Within Subdistrict A and Subdistrict B, the district plan element provisions of this Section shall apply.

The provisions of Article VI, Chapter 2 (Special Regulations Applying in the Waterfront Area), shall apply, except as superseded, supplemented or modified by the provisions of this Section, inclusive. Map 4 (Waterfront Access Plan: Parcel Designation), Map 5 (Waterfront Access Plan: Visual Corridors), and Map 6 (Waterfront Access Plan: Public Access Areas) in the Appendix to this Chapter show the boundaries of the area comprising the Flushing Waterfront Access Plan, boundaries of parcels within the Plan and the location of certain features mandated or permitted by the Plan.

The Plan has been divided into parcels consisting of tax blocks and lots and other lands as established on December 10, 2020, as follows:

Subdistrict A

Parcel 1:        Block 4963, Lots 212 and 249

Parcel 2:        Block 4963, Lot 210

Parcel 3:        Block 4963, Lot 200

Subdistrict B

Parcel 4:        Block 4963, Lot 85

Parcel 5:        Block 4963, Lot 65

Parcel 6:        Block 4963, Lot 75

Parcel 7:        Block 4963, Lots 7, 8 and 9

Parcel 8:        Block 4963, Lot 1

Subdistrict C

Parcel 9:        Block 5066, Lots 7503 and 7507

Any development on a zoning lot within the parcels listed above shall be subject to the requirements of Section 127-51 (Modified Applicability for Visual Corridors and Waterfront Public Access Areas), Section 127-52 (Special Requirements for Visual Corridors), Section 127-53 (Special Requirements for Waterfront Public Access Areas) and Section 127-54 (Special Review Provisions).

For the purposes of this Section, inclusive, defined terms shall include those listed in Sections 12-10 and 62-11, but development shall be as defined in Section 62-11.

The "Special St. George 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 build upon St. George’s existing strengths as a civic center, neighborhood and transit hub by providing rules that will bolster a thriving, pedestrian-friendly business and residence district;

(b)        to establish zoning regulations that facilitate continuous ground floor retail and the critical mass needed to attract and sustain a broader mix of uses;

(c)        to require a tall, slender building form that capitalizes on St. George’s hillside topography and maintains waterfront vistas;

(d)        to encourage the reuse and reinvestment of vacant office buildings;

(e)        to accommodate an appropriate level of off-street parking while reducing its visual impact;

(f)        to enhance neighborhood economic diversity by broadening the range of housing choices for residents at varied incomes; and

(g)        to promote the most desirable use of land and building development in accordance with the District Plan for St. George and thus conserve the value of land and buildings and thereby protect the City’s tax revenues.

The underlying floor area ratio and yard regulations shall apply, except as modified pursuant to the provisions of this Section, inclusive.

In the Upland Subdistrict, underlying height and setback regulations shall apply, except as modified pursuant to the provisions of this Section, inclusive.

In the South and North Waterfront Subdistricts, the underlying height and setback regulations of Section 62-34 (Height and Setback Regulations on Waterfront Blocks) shall apply, except that:

1. in the South Waterfront Subdistrict, permitted obstructions shall be allowed pursuant to Section 128-31 (Permitted Obstructions); and
2. in the North Waterfront Subdistrict, developments, enlargements, alterations and changes of use permitted pursuant to Section 128-61 (Special Permit for North Waterfront Sites) shall instead be subject to the Proposed Plans, as set forth in Section 128-61, as approved pursuant to such special permit.

All heights shall be measured from the base plane, except that wherever a minimum or maximum base height is specified for zoning lots with multiple street frontages, such heights shall be determined separately for each street frontage, with each height measured from the final grade of the sidewalk fronting such street wall.

In the Special St. George District, the underlying regulations governing permitted and required accessory off-street parking spaces are modified as set forth in this Section.

The special permit for North Waterfront sites set forth in Section 128-61 is established in order to guide and encourage appropriate use and development in a unique location within the Special St. George District that serves as a gateway between Staten Island and Manhattan for both visitors and daily commuters. Redevelopment of the North Waterfront sites pursuant to this special permit provides an appropriate means to address the special characteristics of these sites, while accommodating their continuing transportation function, as part of their transformation into a regional destination that will contribute to the revitalization of the Special St. George District and surrounding area.

The special permit for buildings in R7-3 Districts set forth in Section 128-62 is established to allow modification of bulk regulations and mandatory improvements, except floor area ratio provisions, in order to encourage better site planning, and streetscapes that are consistent with the goals of the Special District.

The provisions of this Chapter shall apply within the Special Midtown South Mixed Use District. The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control. However, 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 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI, Chapter 6 shall control.

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

The regulations of this Chapter are designed to implement the Special Midtown South Mixed Use District Plan. The District Plan includes the following map:

          Special Midtown South Mixed Use District

The map is located in Appendix A of this Chapter and is hereby incorporated and made an integral part of this Resolution. It is incorporated for the purpose of specifying locations where special regulations and requirements set forth in the text of this Chapter apply.

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

For conversions in buildings existing prior to [date of adoption], that are not otherwise subject to paragraph (a)(3)(v) of Section 27-131 (Mandatory Inclusionary Housing), the Board of Standards and Appeals may permit a contribution to the affordable housing fund, pursuant to the provisions of Section 73-624 (Modification of Affordable Housing Fund payment options in the SoHo NoHo Mixed Use District and the Special Midtown South Mixed Use District).

In the Special Midtown South 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.

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.

In M1A Districts without a paired Residence District, uses listed under Use Groups IV(B), IX and X shall be limited to those permitted within M1 Districts paired with Residence Districts pursuant to the provisions of Section 123-21 (Modifications to M1 Use Regulations), inclusive. 

In addition to all uses permitted in the designated M1A District, all uses listed under Use Group VI shall be permitted, and where such uses have 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), such size limitation shall not apply.

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 1 in the Appendix to this Chapter shall be considered Tier C street frontages.

On zoning lots above 20,000 square feet in lot area, up to 150,000 square feet of floor area within a public school, constructed in whole or in part pursuant to agreement with the New York City School Construction Authority and subject to the jurisdiction of the New York City Department of Education, shall be exempt from the definition of floor area for the purposes of calculating the permitted floor area ratio for community facility uses and the maximum floor area ratio of the zoning lot.

Where the designated Residence District is an R6 through R12 District without a letter suffix, for buildings, or portions thereof, containing residential uses, the alternative location allowances set forth in paragraph (c)(2) of Section 23-343 (Rear yard equivalent requirements) shall not apply.

All zoning lots shall follow the underlying height and setback regulations.

For zoning lots existing on August 14, 2025, containing landmark buildings or other structures, where more than 50 percent of the lot area is located within the Special Midtown South Mixed Use District, the provisions of Section 77-22 (Floor Area Ratio) shall be modified to permit the distribution of floor area anywhere on the zoning lot, regardless of the district boundary.

 Display window

A "display window" is a window or opening in the exterior wall of any portion of a building which is glazed with tinted or transparent material and which is used to display merchandise, services or business.

 Sign band

A "sign band" is a horizontal band which extends the full length of the street wall of a building, and is located between 8 feet and 14 feet above curb level.

Except as modified by the express provisions of the Special Grand Concourse Preservation District, the regulations of the underlying zoning districts shall 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.

(a)        In the District Plan as shown in Appendix A, the following areas have been designated as the Residential Preservation Area:

(1)        all areas in R8 Districts including areas mapped C1 within these R8 Districts which are:

(i)        within 100 feet of the westerly street line of the Grand Concourse between East 153rd Street and Mosholu Parkway; and

(ii)        within 100 feet of the easterly street line of the Grand Concourse between East 153rd Street and a point parallel to and 150 feet north of East 166th Street, and between McClellan Street and Mosholu Parkway;

(2)        an area partly in R8 and C1 Districts with a depth of 100 feet from the west side of the street line of Walton Avenue between East 161st and East 164th Streets; and

(3)        an area in R8 Districts with a depth of 100 feet from the east side of the street line of Anthony Avenue between East 181st Street and East 182nd Street.

Within the Residential Preservation Area in R8 Districts, the following three commercial sub-areas have special use and bulk regulations:

(i)        Limited Commercial Areas

(ii)        Commercial Extension Areas

(iii)        Commercial Infill Sites

(b)        The location of these sub-areas is described below:

(1)        Limited Commercial Areas

The following areas with a depth of 50 feet from the street line of the Grand Concourse are designated on the District Plan (Appendix A) as Limited Commercial Areas:

(i)        on the west side of the Grand Concourse from the south side of East 176th Street to a point 25 feet north of Henwood Place;

(ii)        on the west side of the Grand Concourse from a point 40 feet north of Bush Street to the south side of Burnside Avenue;

(iii)        on the west side of the Grand Concourse from 100 feet north of East 180th Street to a point 180 feet south of East 183rd Street; and

(iv)        on the east side of the Grand Concourse from the north side of East 182nd Street to a point 180 feet south of East 183rd Street.

(2)        Commercial Extension Areas

Along certain cross-streets within the Residential Preservation Area, extensions of existing Commercial Districts up to the Grand Concourse to a depth of 100 feet measured perpendicularly from the street line of such cross-streets, are designated as Commercial Extension Areas on the District Plan (Appendix A). These extension areas are located along the following streets:

(i)        the north and south sides of East 165th Street, west of the Grand Concourse;

(ii)        the north and south sides of East 167th Street, east of the Grand Concourse;

(iii)        the north and south sides of East 170th Street, east and west of the Grand Concourse; and

(iv)        the north and south sides of Mount Eden Avenue, west of the Grand Concourse.

(3)        Commercial Infill Sites

All tax lots listed in Table A in Section 122-10 which contain buildings designed for non-residential uses in Use Groups 6 or 7 or where such buildings existed as of July 1, 1981 are designated as Commercial Infill Sites on the District Plan (Appendix A).

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

Accessory use

In addition to those "accessory uses" listed in Section 12-10 (DEFINITIONS), for the purposes of this Chapter, an accessory use shall also include a dwelling unit in connection with any commercial, manufacturing or community facility establishment permitted in Special Mixed Use Districts, pursuant to Section 123-20 (SPECIAL USE REGULATIONS), provided that no more than one such unit shall be permitted in connection with any establishment, and provided further that each such unit shall not exceed a gross area of 1,200 square feet or contain more than one kitchen.

Home occupation

For the purposes of this Chapter, the home occupation provisions of Section 12-10 shall apply, except that a 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.

Mixed use building

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

For the purposes of determining the applicability of underlying adjacency regulations to zoning lots adjoining or within close proximity to district boundaries, M1 Districts paired with Residence Districts shall be considered C6 Districts.

In Special Mixed Use Districts, the regulations for M1 Districts are modified as follows:

1. Use Group IV
   
   The provisions of M1 Districts set forth in Section 42-14 (Use Group IV – Public Service Facilities and Infrastructure), inclusive, shall apply, except that for uses listed under Use Group IV(B), the provisions of C7 Districts set forth in Section 32-14 (Use Group IV – Public Service Facilities and Infrastructure), inclusive, shall apply.
2. Use Group VI 
   
   The provisions of M1 Districts set forth in Section 42-16 (Use Group VI – Retail and Services), inclusive, shall apply, except that for uses listed in paragraph (c) of Section 42-163 (Use Group VI – uses subject to additional conditions), the provisions of Section 123-22 (Additional Conditions for Certain Uses) shall apply.
3. Use Group IX
   
   The provisions of M1 Districts set forth in Section 42-19 (Use Group IX – Storage), inclusive, shall apply, except that all uses listed under Use Group IX(B) shall not be permitted. In addition, the storage of substances in quantities required to file a Risk Management Plan for Extremely Hazardous Substances shall be subject to the provisions of Section 123-22 (Additional Conditions for Certain Uses).
4. Use Group X
   
   The provisions of C7 Districts set forth in Section 32-20 (Use Group X – Production Uses), inclusive, shall apply, except that:
   1. the size limitations on the ground floor, as set forth in paragraph (c) of Section 32-202 (Use Group X – uses subject to size limitations) shall not apply; and
   2. the additional conditions of Section 32-203 (Use Group X – additional conditions) shall be superseded by the provisions of Section 123-22 (Additional Conditions for Certain Uses).

The following shall apply to commercial and manufacturing uses subject to the provisions of this Section pursuant to Section 123-21:

1. Performance standards
   
   All applicable commercial and manufacturing uses shall conform to the performance standards for M1 Districts as set forth in Section 42-40 (PERFORMANCE STANDARDS) through 42-48 (Performance Standards Regulating Humidity, Heat or Glare), inclusive. 
2. Additional standards for buildings containing residences or certain community facility uses
   
   All applicable commercial and manufacturing uses may only locate in the same building as, or share a common wall with a building containing a residence or a community facility use with sleeping accommodations:
   1. where such commercial or manufacturing use: 
      1. does not have a New York City or New York State environmental rating of “A”, “B” or “C” under Section 24–153 of the New York City Administrative Code for any process equipment requiring a New York City Department of Environmental Protection operating certificate or New York State Department of Environmental Conservation state facility permit; and
      2. is not required, under the City Right-to-Know Law, to file a Risk Management Plan for Extremely Hazardous Substances; or 
   2. In MX-19, upon the submission to the Department of Buildings of a copy of a restrictive declaration, in a form acceptable to the Department of Environmental Protection, that has been executed and recorded in the Office of the City Register against all tax lots with such use, binding the owners, successors, and assigns to provide any building design requirements consistent with the underlying zoning as may be approved by the Department of Environmental Protection to protect residents of such building from air contaminants, odors, vibrations, or noise.

In Special-Mixed Use Districts the ground floor level streetscape provisions set forth in Section 32-30 (STREETSCAPE REGULATIONS), inclusive, shall apply.

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

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

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

1. extension of a permitted business sign, accessory to such non-residential use, to a maximum height of two feet above the level of a finished floor of the second story, but in no event higher than six inches below the lowest window sill on the second story;
2. location of commercial or manufacturing uses on the same story, or on a story higher than that occupied by dwelling units, in buildings in existence on or prior to December 10, 1997, that are partially converted to residential use pursuant to Article I, Chapter 5 (Residential Conversion Within Existing Buildings), as modified in Section 123-67 (Residential Conversion); or
3. location of commercial or manufacturing uses 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.

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

In M1 Districts paired with a Residence District, high-intensity uses, as listed in the definition of health and fitness establishments, shall be subject to the enclosure and environmental conditions for C7 Districts set forth in Section 32-16 (Use Group VI – Retail and Services), inclusive.

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

In Special Mixed Use Districts, the bulk regulations set forth in Article II, Chapter 3, shall apply to all residential uses in a building or other structure. However, the optional bulk# provisions of Section 23-70, inclusive, shall not apply.

The bulk regulations set forth in Article IV, Chapter 3, shall apply to all manufacturing, commercial and other community facility uses in a building or other structure. 

Exceptions to the applicability of such underlying bulk regulations are set forth in Section 123-60 (SPECIAL BULK REGULATIONS), inclusive.

When two or more buildings on a single zoning lot are used in any combination for uses which, if located in a single building, would make it a mixed use building, the regulations set forth in this Section shall apply as if such buildings were a single mixed use building.

In Special Mixed Use Districts where the Residence District designation is an R3, R4 or R5 District, the maximum base height and maximum building height for qualifying residential sites shall be as set forth in the following table. For all qualifying residential sites in the Greater Transit Zone, the height and setback provisions applicable to an R5 District shall apply.

For building street walls fronting a street where either a Commercial District or a Special Mixed Use District is mapped along the entire block frontage, for the portion of such street wall that exceeds the maximum base height, a setback shall be provided in accordance with the provisions of Section 23-423. Such setback shall be provided at a height not lower than a minimum base height of 20 feet and not higher than the maximum base height set forth in the following table. 

MAXIMUM BASE HEIGHT AND MAXIMUM BUILDING HEIGHTS

Permitted obstructions shall be permitted pursuant to Sections 23-41, 24-51 or 43-42. In addition, for all buildings or other structures, a dormer may be provided in accordance with the provisions of paragraph (b)(1) of Section 23-413 (Permitted obstructions in certain districts).

However, for M1 Districts with an A suffix paired with a Residence District, the applicable height and setback regulations shall be whichever regulations permit the tallest overall heights between the applicable Manufacturing District regulations set forth in Section 43-46, or the applicable Residence District regulations set forth in this Section, depending on the particular M1 District and Residence District pairing.

Additional height and setback provisions are set forth in Section 123-66, inclusive.

The height of all buildings or other structures shall be measured from the base plane. For the purposes of this Section, where base planes of different elevations apply to different portions of a building or other structure, each such portion of the building may be considered to be a separate building.

In Special Mixed Use Districts where the designated Residence District is an R6 through R12 District, the street wall location of a building shall be as set forth in 123-651 (Street wall location for all buildings), and the height and setback regulations of a building or other structure shall be as set forth in Section 123-652 (Special base and building heights). Additional height and setback provisions are set forth in Section 123-653 and Section 123-66, inclusive.

Permitted obstructions shall be permitted pursuant to Sections 23-41, 24-51 or 43-42. In addition, for all buildings or other structures, a dormer may be provided in accordance with the provisions of paragraph (b)(1) of Section 23-413 (Permitted obstructions in certain districts).

The height of all buildings or other structures shall be measured from the base plane. For the purposes of this Section, where base planes of different elevations apply to different portions of a building or other structure, each such portion of the building may be considered to be a separate building.

The provisions of Article I, Chapter 5 (Residential Conversion Within Existing Buildings) shall apply to conversions in buildings existing on December 10, 1997.

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

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

1. the provisions of Section 25-50 (RESTRICTIONS ON ACCESSORY OFF-STREET PARKING SPACES) shall not apply. In lieu thereof, the provisions of Section 44-30 (RESTRICTIONS ON LOCATION AND USE OF ACCESSORY OFF-STREET PARKING SPACES) shall apply to such uses; and
2. for buildings containing residences in Special Mixed Use Districts, in addition to the applicable accessory off-street parking and loading regulations set forth in Article II, Chapter 5, the provisions of Sections 44-46 (Accessory Off-street Parking Spaces in Public Parking Garages), 44-47 (Parking Lot Maneuverability and Curb Cut Regulations) and 44-48 (Parking Lot Landscaping) shall apply.

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

In Special Mixed Use Districts, the provisions of Section 26-42 (Planting Strips) shall not apply.

The provisions of this Chapter shall apply within the Special Willets Point District. The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control. However, in flood zones, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Zones), the provisions of Article VI, Chapter 4, shall control.

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

For the purposes of establishing blocks and applying the use, signage, street tree, height and setback, court, publicly accessible open space and curb cut regulations of this Chapter, connector streets, the eastern perimeter street, the primary retail street, residential streets, retail streets and service streets shall be considered streets, and their boundaries shall be treated as street lines.

Connector street

A “connector street” shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31 (Standards for Streets and Blocks), inclusive.

Eastern perimeter street

The “eastern perimeter street” shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31, inclusive.

Primary retail street

The “primary retail street” shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31, inclusive.

Residential street

A “residential street” shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31, inclusive.

Retail street

A “retail street” shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31, inclusive.

Service street

A “service street” shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31, inclusive.

District Plan Maps are located within the Appendix to this Chapter and are hereby incorporated and made part of this Resolution. They are incorporated for the purpose of specifying locations where special regulations and requirements set forth in the text of this Chapter apply.

The District Plan includes the following five maps:

Map 1 – Special Willets Point District Plan

Map 2 - Location Requirements for Convention Center, Cinema and Office Tower

Map 3 - Height Limits

Map 4 - Locations of Tower Walls without Setbacks

Map 5 - Mandatory Intersections

The provisions of Section 36-76 (Waiver or Reduction of Spaces for Subsidized Housing) shall not apply in the Special Willets Point District.

The requirements of this Section shall apply to zoning lots of at least 200,000 square feet of lot area, containing developments or enlargements resulting in at least 100,000 square feet of floor area on such zoning lots, or multiple zoning lots of at least 200,000 square feet of lot area, in aggregate, that are subject to the provisions of Section 124-60 (SPECIAL PERMIT TO MODIFY USE OR BULK REGULATIONS).

No building permit shall be issued until the Chairperson of the City Planning Commission certifies to the Department of Buildings that such developments or enlargements comply with the provisions of this Section.

A set of drawings of sufficient scope and detail shall be submitted, showing that:

(a)        all streets and private streets within or abutting the proposed development or enlargement comply with the provisions of Section 124-31 (Standards for Streets and Blocks), inclusive;

(b)        all streets and private streets within or abutting the proposed development or enlargement are constructed to grades acceptable to the Commissioner of Buildings and the Commissioner of Transportation;

(c)        all publicly accessible open spaces within or abutting the proposed development or enlargement comply with the provisions of Section 124-40 (PUBLICLY ACCESSIBLE OPEN SPACE REQUIREMENTS), inclusive; and

(d)        for any portion of the Special Willets Point District not within the area proposed for development or enlargement and for which a certification pursuant to this Section has not been obtained, plans shall be submitted showing that the development or enlargement that is the subject of this certification shall not preclude such portions of the Special Willets Point District from complying with the provisions of Sections 124-31 and 124-40 under future certifications pursuant to this Section, except where such compliance is directly prevented by modifications granted by the Commission pursuant to Section 124-60.

The Chairperson may allow for phased development upon certification to the Commissioner of Buildings that a plan has been submitted that provides for the completion of any private streets and publicly accessible open spaces that are integral to the development or enlargement of a building or buildings within each phase.

The Chairperson shall modify the provisions of Section 124-31, inclusive, to the minimum extent necessary, in the event that the Fire Department determines in writing that such modifications are required under law or regulation governing adequate fire access.

All required private streets and publicly accessible open spaces, once certified in accordance with the provisions of this Section, shall be duly recorded in the form of a signed declaration of restrictions, including a maintenance and operation agreement, indexed against the property, binding the owners, successors and assigns to provide such private streets and publicly accessible open spaces and public access thereto in accordance with the plans certified by the Chairperson of the City Planning Commission. Such declaration or maintenance and operation agreement shall require that a bond be posted that would ensure that the private streets and public access areas are maintained in accordance with the declaration or maintenance and operation agreement and are closed only at authorized times. The filing of such declaration in the Borough Office of the Register of the City of New York shall be a precondition for the issuance of a building permit.

In addition, the private streets and publicly accessible open spaces integral to the development or enlargement of a building or buildings shall be recorded on the certificate of occupancy for such building or buildings by the Department of Buildings and shall be a condition of issuance of such certificate of occupancy.

The provisions of Section 32-422 (Location of floors occupied by commercial uses) shall be modified such that the limitations set forth in paragraph (a) of such Section need not apply, and the requirements in paragraph (b) of such Section shall apply only where commercial uses are located above any story containing dwelling units.

(a)        Within Area B, as shown on Map 1 in the Appendix to this Chapter, commercial and special permit uses shall be limited to those uses permitted in a C1-4 District, provided that commercial uses shall be located no more than 100 feet from a connector street, the present or former 34th Avenue or Willets Point Boulevard, or Area A, as shown on Map 1 in the Appendix to this Chapter.

(b)        Within Area B, uses permitted in the underlying district shall be permitted within an area east and south of the present or former Willets Point Boulevard and contiguous with Area A, provided that such area shall be limited to 115,000 square feet in land area.

The following special permits shall not apply. In lieu thereof, such uses shall be permitted as-of-right:

Section 74-182          (Arenas, Auditoriums, Stadiums or Trade Expositions) shall not apply for trade expositions with a capacity in excess of 2,500 persons, provided that the facility has a floor area of no more than 400,000 square feet;

Section 73-462          (In Commercial or Manufacturing Districts) shall not apply for group parking facilities exceeding 225 spaces, provided such facilities comply with the regulations set forth in Section 124-50 (OFF-STREET PARKING REGULATIONS), inclusive.

In buildings with frontage on 126th Street, the following special permits shall not apply. In lieu thereof, such uses shall be permitted as-of-right:

Section 73-162          (Eating or drinking establishments) and 74-161 (Retail and service uses) shall not apply for eating and drinking establishments with a capacity of more than 200 persons, which shall be permitted as-of-right within 100 feet of a Residence District boundary

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, on primary retail streets, retail streets and connector streets in Area A, as shown on Map 1 in the Appendix to this Chapter shall be considered Tier C street frontages. All remaining street frontages shall be considered Tier B street frontages. 

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

1. the length of ground floor level street frontage occupied by any establishment shall not exceed 110 feet along 126th Street and 65 feet along the primary retail street. However, such limitations shall not apply within 300 feet of Northern Boulevard; and
2. access to each ground floor level establishment shall be provided directly from a street.

The underlying sign regulations shall apply, except as set forth in this Section.

(a)        Within Area A, as shown on Map 1 in the Appendix to this Chapter, the sign regulations of a C4 District shall apply, except for street walls facing Roosevelt Avenue, Northern Boulevard and 126th Street.

(b)        Within Area B, as shown on Map 1, the sign regulations of a C1 District shall apply, except that within the area described in paragraph (b) of Section 124-12, the sign regulations of a C4 District shall apply.

(c)        Within Area A, for street walls facing Roosevelt Avenue or Northern Boulevard, the sign regulations of a C4 District shall apply, except that signs shall be limited to 85 feet in height.

(d)        For street walls facing 126th Street to a height of 35 feet, the sign regulations of a C4 District shall apply, provided that the maximum projection of any sign from the exterior wall of a building shall be four feet, and the transparency requirements of paragraph (d) of Section 124-14 are met.

(e)        For street walls facing 126th Street above 35 feet in height, the sign regulations of a C4 District shall apply except that all permitted signs, including illuminated signs and flashing signs, shall be permitted without limitation on surface area, provided that:

(1)        no such signs are higher than 85 feet;

(2)        the maximum projection of any sign from the exterior wall of a building shall be four feet, except that projections not exceeding six feet are permitted, provided that such projections beyond four feet shall comprise not more than 20 percent of the surface area of all such signs on the establishment; and

(3)        no sign attached to a building or other structure shall extend above any parapet wall or roof of such building or other structure.

(f)        Within 150 feet of the neighborhood park required pursuant to Section 124-42 (Types and Standards of Publicly Accessible Open Space), paragraph (a), flashing signs whose message is visible from such park shall not be permitted.

(g)        The provisions of Section 32-67 (Special Provisions Applying Along District Boundaries) shall not apply in the Special Willets Point District.

The City Planning Commission may authorize electrical utility substations in the Special Willets Point District in order to serve the needs of the Special District, and the regulations thereof shall be modified as necessary to accommodate the operational needs of the substation, upon authorization of the City Planning Commission, provided the Commission finds that:

(a)        the architectural and landscaping treatment of such use shall blend harmoniously with the abutting area to the extent reasonably permitted by the operational needs of the substation; and

(b)        if the site proposed for such use is within Area A, as shown on Map 1 in the Appendix to this Chapter, that there are difficulties in locating such use within Area B, as shown on Map 1.

The Commission may, consistent with cost-effective operations and capital planning, and the operational needs of the substation, prescribe appropriate conditions and safeguards on matters necessary to effectuate the provisions of paragraph (a) of this Section that are not regulated by other applicable codes, laws, rules or regulations. The applicant shall provide the Department of City Planning with a general description of such codes, laws, rules or regulations and a certification that the proposed substation shall comply therewith.

The Board of Standards and Appeals may permit a combined heat and power cogeneration plant not to exceed 100,000 square feet in floor area, provided that:

(a)        the power plant is designed to maximize both electric and thermal cogeneration system efficiency to the greatest extent feasible;

(b)        a detailed energy analysis is submitted to the Board demonstrating that the system as designed shall operate with maximum efficiency and perform more effectively than a traditional, power-purchased-from-grid system; and

(c)        the power plant is designed primarily to serve the Special Willets Point District.

In addition, the Board shall refer such application to the Department of Environmental Protection for a report to ensure that the power plant is designed to maximize cogeneration efficiency to the greatest extent feasible and that the system as designed shall operate with maximum efficiency and perform more effectively than a traditional, power-purchased-from-grid system.

The Board may prescribe appropriate conditions or safeguards to minimize adverse effects on the character of the surrounding area including safety devices, emissions limits and the concealment of such use with building enclosures, landscaping, buffer zones or other methods.

The Board of Standards and Appeals may permit an enclosed membrane bio-reactor wastewater treatment plant not to exceed 100,000 square feet in floor area on a site not to exceed 40,000 square feet in area, provided that the following findings are made:

(a)        that in all cases the proposed plant promotes and protects the public health, safety and general welfare;

(b)        the proposed plant shall be adequate for anticipated development in the area to be served;

(c)        the proposed plant is designed primarily to serve the Special Willets Point District;

(d)        the site for such use is so located as to minimize the adverse effects on the integrity of existing and future development, and to minimize the interruption of the continuity of retail frontage;

(e)        the architectural and landscaping treatment of such use shall blend harmoniously with the rest of the area; and

(f)        that such use shall conform to the performance standards applicable to M1 Districts.

In addition, the Board shall refer such application to the Department of Health and the Department of Environmental Protection for a report to ensure that the site-specific design of the enclosed membrane bio-reactor waste water treatment plant meets all City and State health and effluent standards.

The Board may prescribe appropriate conditions or safeguards to minimize adverse effects on the character of the surrounding area including requirements for soundproofing, safety devices, and the concealment of such use with building enclosures, landscaping, buffer zones or other methods.

A trade exposition listed under Use Group VIII, hereinafter referred to as a convention center, is permitted in the Special Willets Point District only in accordance with this Section and shall be located on a connector street. A convention center may only be located in the area as depicted on Map 2 (Location Requirements for Convention Center, Cinema and Office Tower) in the Appendix to this Chapter, being entirely within 650 feet of Northern Boulevard.

Furthermore, a convention center may not be located within 200 feet of 126th Street, and any portion of a convention center located between 200 feet and 450 feet of 126th Street shall be limited to no more than 50,000 square feet of floor area.

The main entrance of such convention center shall be on a connector street.

Zoning lots containing less than 200,000 square feet of lot area shall not exceed a floor area ratio of 2.0. However, for qualifying affordable housing or qualifying senior housing, the maximum residential floor area ratio shall be 2.4.

Zoning lots containing at least 200,000 square feet of lot area shall have a maximum floor area ratio as follows: 

1. Within Area A, as shown on Map 1 in the Appendix of this Chapter:
   1. Zoning lots of at least 28 acres of lot area shall have a maximum commercial floor area ratio of 2.0 and a maximum total floor area ratio of 4.6. 
   2. For zoning lots less than 28 acres:
      1. north of the centerline of the present or former 34th Avenue, the maximum commercial floor area ratio shall be 2.0 and the maximum total floor area ratio shall be 3.4. 
      2. south of the centerline of the present or former 34th Avenue, the maximum commercial floor area ratio shall be 2.0 and the maximum total floor area ratio shall be 5.0.
2. Within Area B, as shown on Map 1:
   1. Zoning lots of at least 33 acres of lot area shall have a maximum commercial floor area ratio of 2.0 and a maximum total floor area ratio of 2.25.
   2. For zoning lots less than 33 acres:
      1. north of the centerline of the present or former 34th Avenue, the floor area ratio shall not exceed 2.0. 
      2. south of the centerline of the present or former 34th Avenue, and north and west of the centerline of the present or former Willets Point Boulevard, the maximum commercial floor area ratio shall be 2.0 and the maximum total floor area ratio shall be 3.0.
      3. south and east of the centerline of the present or former Willets Point Boulevard, the maximum commercial floor area ratio shall be 2.0 and the maximum total floor area ratio shall be 4.0.
3. Within Areas A and B, the maximum residential floor area ratio for qualifying affordable housing or qualifying senior housing shall be a floor area ratio equal to 120 percent of the maximum total floor area ratios established in paragraph (a) or (b) of this Section.

The height and setback regulations of this Section shall apply throughout the Special Willets Point District, except that developments or enlargements that result in less than 100,000 square feet of floor area on zoning lots of less than 200,000 square feet shall be limited to the height and setback regulations of an R6B District. The height of all buildings or other structures shall be measured from the level of the adjoining sidewalk or other publicly accessible open space. For the purposes of this Section, the present or former 34th Avenue and Willets Point Boulevard shall be considered to be connector streets, 127th Street shall be considered to be a residential street, and public access areas provided pursuant to paragraph (d) of Section 124-42 (Types and Standards of Publicly Accessible Open Space) shall be considered a connector street.

(a)        Street wall location and base heights

(1)        Except along 126th Street, Northern Boulevard and residential streets, at least 70 percent of the aggregate width of street walls shall be located within eight feet of the street line or public access area and shall extend without setback to a minimum base height of 60 feet or the height of the building, whichever is less. The maximum height of a building or other structure before setback shall be 85 feet. However, the minimum base height of a convention center shall be 40 feet or the height of the building, whichever is less.

(2)        Along 126th Street, at least 80 percent of the aggregate width of street walls shall be located within 60 feet of the street line of 126th Street and shall extend to a minimum base height of 60 feet or the height of the building, whichever is less. The maximum height of a building or other structure before setback shall be 85 feet. However, for buildings directly opposite Citi Field Stadium, a setback lower than 60 feet shall be permitted, provided that:

(i)        for buildings greater than 85 feet in height, an additional setback is provided between a height of 60 and 85 feet; and

(ii)        eating and drinking establishments with outdoor seating on terraces overlooking 126th Street are provided on the second story. Such terraces shall be located on the roof level above the ground floor level of the building, at a height not lower than 20 feet or higher than 30 feet above the level of the sidewalk fronting the 126th Street street wall of the building, and shall have a minimum depth of 15 feet.

(3)        Along residential streets, at least 70 percent of the aggregate width of street walls shall be located within eight feet of the street line or public access area and shall extend without setback to a minimum base height of 40 feet or the height of the building, whichever is less. The maximum height of a building or other structure before setback shall be 85 feet. Where street walls facing residential streets contain ground floor dwelling units, such street walls shall be set back at least four feet from the street line. The building may project into the required setback area, provided that:

(i)        any such projection does not exceed 20 feet in width;

(ii)        any such projection does not exceed 25 feet in height;

(iii)        the aggregate width of all such projections at the level of any story shall not exceed 50 percent of the width of the street wall of the building; and

(iv)        all such projections are at least 10 feet apart.

(4)        Along Northern Boulevard, no portion of a street wall shall be located closer to Northern Boulevard than eight feet. At least 70 percent of the aggregate width of street walls shall be located between eight and 15 feet of the Northern Boulevard street line and shall extend without setback to a minimum base height of 60 feet or the height of the building, whichever is less. The maximum height of a building or other structure before setback shall be 85 feet.

(5)        Wherever an open area is provided between the street wall of a building and the street line, such area shall be planted, except at entrances to and exits from the building, and except where non-residential uses are provided at the ground floor level of the building.

(b)        Required setbacks and maximum building height

Except as provided in paragraph (c)(6) of this Section, setbacks are required for all portions of buildings or other structures that exceed a height of 85 feet. Such setbacks shall be provided at a height not lower than 60 feet. The depth of the required setback shall be at least 10 feet measured from any required street wall fronting on a wide street, and at least 15 feet from any required street wall fronting on a narrow street. Where portions of buildings or other structures that exceed a height of 85 feet are not located above a required street wall, such portions shall be set back at least 10 feet from a wide street line and at least 15 feet from a narrow street line. However, dormers may penetrate a height of 85 feet in accordance with the provisions of paragraph (b) of Section 23-413 (Permitted obstructions in certain districts). Within the area limited to 232 feet above mean sea level, as shown on Map 3 in the Appendix to this Chapter, no portion of a building or other structure shall exceed a height of 120 feet except in accordance with the tower provisions of paragraph (c) of this Section.

(c)        Towers

Within the area limited to 232 feet above mean sea level, as shown on Map 3, any story of a building located above a height of 120 feet shall comply with the provisions of this paragraph (c). Such portions of a building are hereinafter referred to as “towers.”

(1)        Maximum tower size

Each residential story of a tower located entirely above a height of 120 feet shall not exceed a gross area of 11,000 square feet.

(2)        Maximum tower length

The maximum length of any residential story located entirely above a height of 120 feet shall not exceed 170 feet. Such length shall be measured by inscribing within a rectangle the outermost walls of the tower at the level of each story entirely above a height of 120 feet. No side of such rectangle shall exceed a length of 170 feet.

(3)        Orientation

The length of any residential story located entirely above a height of 120 feet shall be at least 1.5 times its width and oriented so that the long side of such tower faces within 25 degrees of geographical south. Such length shall be measured by inscribing within a rectangle the outermost walls of the tower at the level of each story entirely above a height of 120 feet. The orientation provisions of this paragraph,(c)(3) need not apply if at least 75 percent of all towers in the Special Willets Point District for which building permits have been issued comply with such provisions.

(4)        Tower top articulation

For towers containing residences, the highest three stories, or as many stories as are located entirely above a height of 120 feet, whichever is less, shall have a lot coverage of at least 50 percent of the story immediately below such stories, and a maximum lot coverage of 80 percent of the story immediately below such stories. Such reduced lot coverage shall be achieved by one or more setbacks on each face of the tower, where at least one setback on each tower face has a depth of at least four feet, and a width that, individually or in the aggregate, is equal to at least 10 percent of the width of such respective tower face. For the purposes of this paragraph (c)(4), each tower shall have four tower faces, with each face being the side of a rectangle within which the outermost walls of the highest story not subject to the reduced lot coverage provisions have been inscribed. The required setbacks shall be measured from the outermost walls of the building facing each tower face. Required setback areas may overlap.

(5)        Distance between towers

The minimum distance between all towers shall be 60 feet.

(6)        Tower walls without setbacks

To permit a building to rise from grade to a tower portion without setback, the setback provisions of paragraph (b) of this Section shall not apply to any portion of a building located within the tower wall location areas shown on Map 4 in the Appendix to this Chapter, provided that this exception from paragraph (b) of this Section shall not apply to more than one tower for each block.

(d)        Maximum total height

Notwithstanding any other provisions of this Chapter, no building or other structure shall exceed the height limits depicted on Map 3. The height limits established in Map 3 include reference points for two airport approach surface areas that are continuous planes, and one area with a maximum height limitation of 232 feet above mean sea level (AMSL). The coordinates of the points are:

Point 1        73°50'42.9"W                40°45'38.1"N

Point 2         73°50'36.8"W                40°45'45.6"N

Point 3         73°50'26.6"W                40°45'39.3"N

Point 4        73°50'33.6"W                40°45'30.7"N

The height limits hereby established supersede the height limits described in Article VI, Chapter 1 (SPECIAL REGULATIONS APPLYING AROUND MAJOR AIRPORTS). Application may be made to the Board of Standards and Appeals pursuant to Section 73-66 (Height Regulations Around Airports) for a permit to construct a building or other structure in excess of what is permitted pursuant to this paragraph (d), provided that such application is also referred to the Port Authority of New York and New Jersey.

Developments or enlargements that result in a total of at least 100,000 square feet of floor area on individual zoning lots of at least 200,000 square feet or groups of zoning lots subject to the provisions of Section 124-60 (SPECIAL PERMIT TO MODIFY USE OR BULK REGULATIONS) that are, in aggregate, at least 200,000 square feet, shall front upon streets that comply with the requirements of this Section, inclusive, unless modified by special permit pursuant to Section 124-60.

All developments or enlargements shall provide and maintain trees of not less than three-inch caliper at the time of planting in the sidewalk adjacent to the building on the side of the sidewalk closest to the travel lane. All such trees shall be provided for the entire length of the frontage of the building, for every 25 feet of such frontage, except where curb cuts or utilities make such planting infeasible. Species shall be selected, installed and maintained in accordance with specifications established by the Department of Parks and Recreation. However, street trees need not be provided where such trees may interfere with truck movements in the loading area for a convention center.

In the event that 34th Avenue remains a mapped street, all developments or enlargements on 34th Avenue shall provide a sidewalk widening of no less than 13 feet in width. No obstructions shall be permitted from the lowest level to the sky except for those permitted pursuant to Section 37-53 (Design Standards for Pedestrian Circulation Spaces), paragraph (f)(3). When one end of the sidewalk widening abuts an existing building, the special design treatment specified in Section 37-53, paragraph (f)(5), shall be required.

Any roof of a facility containing off-street parking spaces, not otherwise covered by a building, which is larger than 400 square feet shall be landscaped. Up to five percent of such roof area may be used for mechanical equipment, provided that such mechanical equipment is fully enclosed, except that openings in such enclosure shall be permitted only to the extent necessary for ventilation and exhaust, and that it is screened from view by a fence which is at least 75 percent opaque or by at least three feet of dense planting. Up to 25 percent of such roof area may be accessible solely from an adjacent dwelling unit and the remaining roof area shall be accessible for the recreational use of the occupants of the building in which it is located. Hard surfaced areas shall not cover more than 50 percent of such roof area.

Publicly accessible open space within the Special Willets Point District shall total not less than eight acres. Such required amounts shall be open to the sky and shall not include any sidewalks required pursuant to this Section or sidewalk widenings pursuant to Section 124-33.

For developments or enlargements that result in a total of at least 100,000 square feet of floor area on individual zoning lots of at least 200,000 square feet or groups of zoning lots subject to the provisions of Section 124-60 (SPECIAL PERMIT TO MODIFY USE OR BULK REGULATIONS) that are, in aggregate, at least 200,000 square feet, the following amount of publicly accessible open space shall be provided for each 1,000 square feet of floor area:

Within Area A:        30 square feet

Within Area B:        50 square feet.

Such publicly accessible open space may be transferred from the zoning lot containing the development or enlargement to any other zoning lot in the Special Willets Point District, provided that such publicly accessible open space meets the requirements of Section 124-42, inclusive.

The following types and standards of publicly accessible open space shall apply:

1. Park
   
   At least one park not less than two acres in area shall be provided. Such park shall be bounded on all sides by streets or a school, and at least one of the streets bounding the park shall be a connector street. No portion of such park shall be closer than 200 feet from the boundaries of the Special Willets Point District. Up to five percent of the area of such outdoor park may be covered by a building or other structure. A minimum of 50 percent of such park shall be planted, except that the planted area may be reduced to 40 percent if a playground acceptable to the Department of Parks and Recreation is provided within such park.
2. 126th Street
   
   The provisions of this paragraph (b) shall apply along the western boundary of blocks bounding 126th Street:
   1. a sidewalk with a minimum width of 15 feet shall be located adjacent to the curb, and have an elevation not higher than one foot above the level of the road bed;
   2. a pedestrian amenity area at least 20 feet wide and no more than 35 feet wide shall be located between such sidewalk and the street wall of any building fronting upon 126th Street. Pedestrian circulation space at least five feet wide shall be provided within such area within 1.5 feet of the ground floor elevation of such street walls to allow pedestrian movement in a direction parallel with the street and connecting with sidewalks of streets intersecting 126th Street;
   3. on each such block there shall be a minimum of two ramps connecting the sidewalk along 126th Street and the pedestrian circulation space. In addition, stairways shall be provided linking the sidewalk and pedestrian circulation space so that each establishment on the block with entrances facing 126th Street is readily accessible by such stairs or ramps; and
   4. all publicly accessible open spaces shall comply with the provisions of Sections 37-725 (Steps), 37-726 (Permitted obstructions), 37-728 (Standards of accessibility for persons with disabilities), 37-73 (Kiosks and Open Air Cafes) and 37-74 (Amenities), except for the following modifications:
      1. Section 37-73, paragraph (b), shall be modified to permit open air cafes to be at a different elevation from adjoining public access areas and from adjoining sidewalks;
      2. Section 37-73, paragraphs (c)(4) and (d), shall not apply to the certification of open air cafes in the Special District, and the filing of plans for open air cafes in the Borough Office of the City Register shall not be required;
      3. for publicly accessible open space on the western boundary of blocks facing Citi Field Stadium, Section 37-73, paragraph (b), shall be modified to limit the aggregate area of open air cafes to no more than 50 percent of the public access area, and to allow open air cafes to occupy up to 75 percent of street frontage;
      4. in Section 37-741, the requirement for a minimum of one linear foot of required seating for every two linear feet of street frontage within 15 feet of the street line shall not apply;
      5. for public access areas on the western boundary of blocks facing Citi Field Stadium, Section 37-741 shall be modified so that seating for open air cafes may count toward the seating requirement, in the category of moveable seating, provided that 25 percent of the linear seating capacity is provided through other seating types;
      6. for publicly accessible open space not on the western boundary of blocks facing Citi Field Stadium, Section 37-742 shall be modified to require planters, planting beds and accessible lawns at a rate of 200 square feet for every 1,000 square feet of publicly accessible open space; and
      7. Section 37-747 (Public space signage) shall not apply; in lieu thereof, paragraph (i) (Hours of access) of this Section shall apply.
3. Roosevelt Avenue
   
   Along the south side of blocks bounding Roosevelt Avenue, the following provisions shall apply:
   1. a bike lane with a minimum width of five feet shall be located no more than 16 feet from the curb line; and
   2. a pedestrian amenity area at least 20 feet in width and not more than 45 feet in width shall be provided between the bike lane and the street wall of a building:
      1. within the pedestrian amenity area, there shall be a sidewalk with a minimum width of 13 feet, generally parallel to Roosevelt Avenue, linking the sidewalk along 126th Street to either a sidewalk along the eastern perimeter street, if built, or the sidewalk leading to the Roosevelt Avenue Bridge; and
      2. a minimum of 50 percent of the pedestrian amenity area shall be planted.
4. Block at Roosevelt Avenue and 126th Street
   
   In the event that a utility easement is retained on the block bounded by Roosevelt Avenue and 126th Street, the following improvements shall be provided:
   1. an entry plaza of at least 7,000 square feet shall be provided adjacent to the intersection of 126th Street and Roosevelt Avenue, as follows:
      1. the plaza shall include no less than 60 feet and no more than 80 feet of frontage along 126th Street;
      2. each use or establishment with frontage on the plaza shall include at least one entrance to such plaza;
      3. at least two amenities shall be provided from among those listed in Section 37-748, except that a kiosk that provides information instead of food service shall also be permitted; and
      4. the area of such plaza shall not overlap with the requirements of paragraph (c) of this Section for Roosevelt Avenue;
   2. a central plaza of at least 20,000 square feet shall be provided, as follows:
      1. the plaza shall have at least 100 feet of frontage on a connector street;
      2. the prolongation of the centerline of the primary retail street shall intersect with such plaza;
      3. such plaza shall meet the pedestrian amenity standards of paragraph (b)(4) of this Section for 126th Street; and
      4. a minimum of 15 percent of such plaza shall be planted; and
   3. a pedestrian corridor area shall be provided linking the entry plaza required pursuant to paragraph (d)(1) of this Section and the central plaza required pursuant to paragraph (d)(2) of this Section, as follows: 
      1. such corridor shall be at least 60 feet in width and include, within such width, a 40 foot utility easement;
      2. such corridor shall be at least 150 feet in length;
      3. each use or establishment with frontage on such corridor shall include at least one entrance to such corridor; and
      4. each side of such corridor area shall be planted with street trees of not less than three-inch caliper at the time of planting for the entire length of such corridor, at a rate of one tree for every 25 feet of the length of each side of such corridor; and
   4. uses on the portion of the ground floor level frontage along a publicly accessible open space required pursuant to this paragraph, to the minimum depth set forth in Section 37-32, shall be limited to those commercial uses permitted by the underlying districts, except for lobbies, entrances and exits to off-street parking facilities and entryways to mass transit stations, as provided by Section 37-33. Ground floor level street walls shall be glazed in accordance with the provisions of Section 37-34. 
5. Northern Boulevard
   
   Along the north side of blocks bounding Northern Boulevard, the following provisions shall apply:
   1. a sidewalk with a minimum width of 13 feet shall be located adjacent to the curb and have an elevation not higher than one foot above the road bed of Northern Boulevard;
   2. an open area at least eight feet wide and no more than 15 feet wide shall be located between the sidewalk and the street wall of a building, except that such area need not be provided where such areas may interfere with truck movements in the loading area for a convention center located on any such block; and
   3. a minimum of 70 percent of such open area shall be planted.
6. Eastern perimeter street
   
   Along the eastern perimeter street between the required sidewalk and the eastern boundary of the Special Willets Point District, an open area with a minimum depth of eight feet and a maximum depth of 15 feet shall be provided. At least 70 percent of such open area shall be planted.
7. Convention center
   
   If a convention center is provided, a pedestrian amenity area shall be required between the street line and the street wall of the convention center. The pedestrian amenity area shall have a depth of at least 10 feet and not more than 22 feet and shall meet the standards of paragraph (b)(4) of this Section for 126th Street.
8. Standards for additional areas
   
   If the amount of public access areas required pursuant to paragraphs (a) through (g) of this Section does not total eight acres, the difference shall be provided in the form of one or more public access areas located not closer than 100 feet to the boundary of the Special Willets Point District.
9. Hours of access
   
   All publicly accessible open space shall be accessible to the public from sunrise to one hour after sunset. Entry plaques for public access areas over one-half acre in size shall be provided as described in paragraph (a) of Section 37-751, except that the number of such plaques shall be provided so that one such plaque is located at each point of entry to such publicly accessible open space, and lettering at least one inch in height shall be provided stating the words, “Open to the public:” followed by hours permitted pursuant to this paragraph (i).
10. Active recreation
    
    A minimum of one-half acre of public access area shall be designed for active recreational use. This area may be located anywhere within the eight acres of publicly accessible open space required within the Special Willets Point District. Such area may include rooftop areas, provided that adequate public access is provided to the general public and that, regardless of the size of such rooftop area, entry plaques are provided for each point of entry pursuant to paragraph (i) of this Section. Access to such areas shall comply with the Americans with Disabilities Act of 1990.

The provisions of this Section shall apply to all off-street parking spaces within the Special Willets Point District.

Floor space used for parking shall be exempt from the definition of floor area.

Parking facilities with over 225 parking spaces shall provide adequate reservoir space at the vehicular entrances to accommodate either 10 automobiles or five percent of the total parking spaces provided in such facility, whichever amount is greater, but in no event shall such reservoir space be required for more than 50 automobiles.

1. All off-street parking spaces shall be located within facilities that, except for entrances and exits, are located:
   1. entirely below the level of any street or publicly accessible open space upon which such facility, or portion thereof, fronts;
   2. in a cellar no more than four feet above grade within Area B, as shown on Map 1 in the Appendix to this Chapter, provided that the street wall is set back at least four feet from the street line except for projections permitted pursuant to Section 124-22, paragraph (a)(3), and planted areas are provided pursuant to Section 124-22, paragraph (a)(5), and further provided that 50 percent of such street wall with adjacent parking spaces consists of opaque materials;
   3. above grade, and either wrapped by floor area or screened, as follows:
      1. parking spaces fronting along publicly accessible open spaces shall be wrapped by floor area accordance with the provisions of paragraph (a) of Section 37-35 (Parking Wrap and Screening Requirements);
      2. parking spaces fronting locations where parking wrap or screening is not otherwise required pursuant to Section 124-14 (Streetscape Regulations) or this Section, parking spaces shall either be wrapped or screened in accordance with the provisions of Section 37-35.
2. All parking facilities shall not be open to the sky, and all parking facilities shall have a roof that meets the design requirements of Section 124-34.
3. All accessory off-street parking spaces may be made available for public use. However, any such space shall be made available to the occupant of a residence to which it is accessory within 30 days after written request therefore is made to the landlord. Furthermore, if accessory and public parking spaces are provided on the same block, all such spaces shall be located within the same parking facility.
4. All accessory off-street parking spaces may be provided within parking facilities in buildings other than the same building as the uses to which they are accessory, provided that:
   1. the off-street parking space within such facility is counted only once in meeting the parking requirements for a specific building; and
   2. such parking facilities are located within the Special Willets Point District; or
   3. such parking facilities are located within distances specified by Sections 36-421 (Maximum distance from zoning lot) and 36-43 (Off-site Spaces for Commercial or Community Facility Uses), as applicable.

Loading areas shall not be permitted within 75 feet of 126th Street or within 50 feet of the primary retail street. Loading areas for a convention center use shall not be permitted within 100 feet of a connector street.

No driveway curb cuts for parking facilities or loading berths shall be permitted along 126th Street, the primary retail street, the connector streets, across from public open space of two or more acres, and within 50 feet of the intersection of any streets, except for a convention center or a transient hotel with a minimum of 50,000 square feet of floor area, and except that the City Planning Commission may authorize curb cuts, provided the Commission finds that such curb cuts are needed, do not unduly inhibit surface traffic or pedestrian flow and do not impair the essential character of the surrounding area.

Where permitted, the maximum aggregate width of curb cuts on any frontage shall be limited to 24 feet for residential streets and 60 feet for all other streets, except that the maximum width shall be 100 feet for blocks that bound the intersection of 126th Street and Northern Boulevard or 126th Street and Roosevelt Avenue and for blocks that contain a transient hotel with a minimum of 50,000 square feet of floor area. For a convention center, the maximum aggregate width of curb cuts on any frontage shall be limited to 100 feet, except that curb cuts shall be unlimited when located directly adjacent to the loading area of the convention center. All curb cuts shall be achieved with minimal reduction to the grade of the sidewalk over which they pass.

In harmony with the general purpose and intent of this Resolution and the general purposes of the Special Southern Hunters Point District, the regulations of this Chapter shall apply within the Special Southern Hunters Point District. The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control. However, in flood zones, 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 regulations of this Chapter are designed to implement the Special Southern Hunters Point District Plan.

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

Map 1.        Special Southern Hunters Point District, Subdistricts and Parcels

Map 2.        Special Ground Floor Use Regulations

Map 3.        Street Wall Location

Map 4.        Minimum Base Heights of 40 Feet

Map 5.        Maximum Base Heights Other Than 70 Feet

Map 6.        Tower Areas

Map 7.        Mandatory Sidewalk Widenings and Publicly Accessible Open Area

Map 8.        Publicly Accessible Private Street and Open Area in Newtown Creek Subdistrict

Map 9.        Newtown Creek Waterfront Access Plan (Q-3)

Map 10.        Permitted Curb Cut Locations

In order to carry out the purposes and provisions of this Chapter, the Special Southern Hunters Point District is divided into two subdistricts: the East River Subdistrict and the Newtown Creek Subdistrict. The East River Subdistrict is further subdivided into parcels A through G. The location and boundaries of the subdistricts and parcels are shown on Map 1 (Special Southern Hunters Point District, Subdistricts and Parcels), in Appendix A of this Chapter.

Where the lot line of a zoning lot coincides with the boundary of a public park, such lot line shall be considered to be a street line for the purposes of applying all use and bulk regulations of this Resolution.

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 (Special Ground Floor Use Regulations) in Appendix A of this Chapter shall be considered Tier C street frontages. In addition, for the purposes of applying the underlying streetscape regulations, any street that abuts the park space designated on Map 1 shall be considered a wide street. 

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

In C2 Districts, the provisions of Section 32-422 (Location of floors occupied by commercial uses) shall apply in lieu of Section 32-421 (Limitation on floors occupied by commercial uses). In addition, the provisions of Section 32-422 shall be modified such that the limitations set forth in paragraph (a) of such Section need not apply, and the requirements in paragraph (b) of such Section shall apply only where commercial uses are located above any story containing dwelling units. 

In the East River Subdistrict, the basic maximum residential floor area ratio for zoning lots containing standard residences shall be as set forth in the following table. On Parcels B, C, and F, the maximum residential floor area ratio for zoning lots containing qualifying affordable housing or qualifying senior housing shall be as set forth in Section 23-22 (Floor Area Regulations for R6 Through R12 Districts) for R10 Districts. 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). No other floor area bonuses shall apply. For the purposes of this paragraph, defined terms additionally include those in Section 66-11 (Definitions).

In the Newtown Creek Subdistrict, the maximum floor area ratio shall be 3.15, and may be increased only as set forth in this Section.

1. Floor area bonus for public amenities
   
   For developments located within the Newtown Creek Subdistrict that provide a publicly accessible private street and open area, the floor area ratio may be increased from 3.15 to a maximum permitted floor area ratio of 4.15, provided that the Chairperson of the City Planning Commission has certified that such publicly accessible private street and open area comply with the design standards of Sections 125-44 (Private Street Requirements in Newtown Creek Subdistrict) and 125-45 (Publicly Accessible Open Area in Newtown Creek Subdistrict).
2. Floor area for qualifying affordable housing or qualifying senior housing
   
   In the Newtown Creek Subdistrict, for developments that provide a publicly accessible private street and open area that comply with the provisions of paragraph (a) of this Section, the maximum residential floor area ratio for zoning lots containing qualifying affordable housing or qualifying senior housing shall be 5.0.

The provisions of Section 33-42 (Permitted Obstructions) shall apply to all buildings within the Special Southern Hunters Point District, except that dormers provided in accordance with paragraph (b) of Section 23-413 (Permitted obstructions in certain districts) shall be a permitted obstruction in a required setback.

Balconies shall not be permitted below a height of 70 feet. Above a height of 70 feet, balconies are permitted in accordance with the provisions of Section 23-62 (Balconies).

1. Street wall location
   
   The street wall location provisions of paragraph (a) of Section 35-631 shall apply to all designated street frontages shown on Map 3 (Street Wall Locations) in Appendix A of this Chapter, except that at the intersection of certain street lines, such map designates areas where the street wall shall be chamfered, and where the street wall shall be located within 25 feet of the street line. The street walls shall extend up to the minimum base height specified in paragraph (b), as applicable, or the height of the building, whichever is less. For the purposes of applying the height and setback provisions, all streets shall be considered wide streets.
   
   Additionally, wherever a building fronts upon any public park, or any sidewalk widening, publicly accessible open area or private street provided in accordance with the design requirements of Sections 125-41 through 125-46, inclusive, the boundary of such public park, sidewalk widening, publicly accessible open area or private street shall be considered a wide street line.
2. Minimum base heights
   
   All street walls shall extend up to at least a minimum base height of 50 feet or the height of the building, whichever is less, except that a minimum base height of 40 feet shall be permitted in the locations specified on Map 4 (Minimum Base Heights of 40 Feet) in Appendix A of this Chapter.
3. Maximum base heights
   
   The maximum height of a street wall before setback shall be 70 feet, except in the locations specified on Map 5 (Maximum Base Heights Other Than 70 Feet) in Appendix A of this Chapter.
4. Required setbacks and maximum building heights
   
   Setbacks are required for all portions of buildings that exceed the applicable maximum base height, except schools. All required setbacks shall be provided at a height not lower than the applicable minimum base height. A setback with a depth of at least 10 feet shall be provided from any street wall fronting on a wide street, and a setback with a depth of at least 15 feet shall be provided from any street wall fronting on a narrow street, except that the depth of such setbacks may include the depth of any permitted recesses in the street wall. For the purposes of this paragraph (c), the following shall be considered wide streets:
   1. Second Street between 54th Avenue and Borden Avenue
   2. 55th Avenue between Center Boulevard and Second Street
   3. Center Boulevard between 50th Avenue and 57th Avenue.
      

                   Above the applicable maximum base height, the maximum height of a building or other structure shall be 125 feet, except where towers are permitted, pursuant to Section 125-34.

Any portion of a building that exceeds a height of 125 feet shall comply with the following provisions:

1. Tower location and maximum tower height
   
   All towers shall be located entirely within a Tower Area as designated on Map 6 (Tower Areas), in Appendix A of this Chapter. The maximum height of such towers shall be as indicated for the specified location on Map 6. For buildings higher than 165 feet, the gross area of all stories entirely within 40 feet of the highest roof level of the building shall be at least 50 percent and shall not exceed 90 percent of the gross area of that story located directly below the stories within 40 feet of the highest roof level. 
2. Orientation and maximum tower size
   
   The outermost walls of each story located entirely above a height of 125 feet shall be inscribed within a rectangle. The maximum length of any side of such rectangle that is parallel or within 45 degrees of being parallel to Second Street or Center Boulevard, whichever is closest, shall be 100 feet. The maximum length of any other side of such rectangle shall be 170 feet. Each story of a tower located entirely above a height of 125 feet shall not exceed a gross area of 11,000 square feet.
   
   However, on Parcel G in the East River Subdistrict, the maximum length of the side of such rectangle that is parallel or within 45 degrees of being parallel to Second Street shall not exceed 170 feet.
3. Tower and base integration
   
   Notwithstanding the setback provisions of paragraph (c) of Section 125-33 (Required Street Walls), up to 50 percent of the street wall width of a tower may rise sheer from grade without setback. The underlying dormer provisions of paragraph (b)(1) of Section 23-413 (Permitted obstructions in certain districts) shall be superseded by this Section for tower portions of buildings.

Within the Special Southern Hunters Point District, for any development or enlargement, the City Planning Commission may modify the regulations set forth in Section 125-30, inclusive, provided the Commission finds that such modifications:

(a)        will result in a better distribution of bulk on the zoning lot and will not adversely affect access to light and air for surrounding public access areas, streets and properties;

(b)        are consistent with the goals of the Special District to provide flexibility of architectural design and encourage more attractive building forms; and

(c)        will result in a development or enlargement that enhances the streetscape and is compatible with development in the surrounding area.

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

Map 7 (Mandatory Sidewalk Widenings and Publicly Accessible Open Area), in Appendix A of this Chapter, shows locations of mandatory sidewalk widenings in the East River Subdistrict. The depth of such sidewalk widenings shall be as indicated on Map 7 and shall be measured perpendicular to the street line unless otherwise indicated. All sidewalk widenings shall be improved to Department of Transportation standards for sidewalks, shall be at the same level as the adjoining public sidewalk, and shall be accessible to the public at all times.

Parcels B, D, E and F

Map 7 (Mandatory Sidewalk Widenings and Publicly Accessible Open Area), in Appendix A of this Chapter, shows locations where open areas are permitted or required on Parcels B, D, E and F in the East River Subdistrict. Where any such area is provided, it shall be publicly accessible and comply with the standards of Sections 37-741 (Seating), 37-743 (Lighting and electrical power), 37-744 (Litter receptacles), 37-745 (Bicycle parking), 37-746 (Drinking fountains), 37-747 (Public space signage), 37-76 (Mandatory Allocation of Frontages for Permitted Uses) and 37-77 (Maintenance).

In addition, the provisions of Section 37-742 (Planting and trees) shall apply to such open areas, and shall be modified to require that:

(a)        at least 30 percent of each open area be comprised of planting beds;

(b)        at least two four-inch caliper trees or three ornamental trees be provided within such open areas on Parcels D and F; and

(c)        no trees shall be required within the open areas on Parcels B and E.

A publicly accessible private open area shall be provided within the area of Parcel G in the East River Subdistrict as shown on Map 7 (Mandatory Sidewalk Widenings and Publicly Accessible Open Area) in Appendix A of this Chapter. No excavation or building permit shall be issued for any development on such parcel until the Chairperson of the City Planning Commission certifies to the Department of Buildings that a site plan for such open area has been submitted that is consistent with the Department of Parks and Recreation design standards used for the development of the adjacent public park. A certification under this paragraph shall be granted on condition that an acceptable restrictive declaration is executed and filed, binding the owners, successors and assigns to develop such publicly accessible private open area in accordance with the approved site plan and to maintain such open area in accordance with maintenance standards acceptable to the Department of Parks and Recreation.

In the event that Parcel G is not owned by the City, then, prior to design and development of the publicly accessible open area, the owner of Parcel G may make a request directed to the Office of the Mayor to transfer to the City its fee simple absolute interest, free and clear of any encumbrances in the open area. The City may accept the transfer request, provided that development of the open area is made in accordance with guidelines established by the Chairperson of the City Planning Commission and the Commissioner of the Department of Parks and Recreation, and transfer is made pursuant to such instruments as are necessary for implementation. In the event of a transfer, the bulk and parking computations for the zoning lot shall include the transferred property and such transfer shall not be deemed a non-compliance.

In the Newtown Creek Subdistrict, where a private street is provided pursuant to paragraph (a) of Section 125-22, such private street shall be constructed to minimum Department of Transportation standards for public streets, including lighting, curbs and curb drops. Such private street shall consist of a paved road bed with a minimum width of 34 feet from curb to curb with 13 foot wide sidewalks on each side along its entire length. Such private street shall be located as shown on Map 8 (Publicly Accessible Private Street and Open Area in Newtown Creek Subdistrict) in Appendix A of this Chapter. One tree shall be planted for every 25 feet of curb length of the private street. Fractions equal to or greater than one-half resulting from this calculation shall be considered to be one tree. Such trees shall be planted at approximately equal intervals along the entire length of the curb of the private street.

Where a publicly accessible private open area is provided pursuant to paragraph (a) of Section 125-22, such open area shall be located as shown on Map 8 (Publicly Accessible Private Street and Open Area in Newtown Creek Subdistrict) in Appendix A of this Chapter. No excavation or building permit shall be issued for any development or enlargement on such parcel until the Chairperson of the City Planning Commission certifies to the Department of Buildings that a site plan for such open area has been submitted that is either:

(a)        consistent with the Department of Parks and Recreation design standards for the public park located on 55th Avenue between Center Boulevard and Second Street; or

(b)        in the event that design standards have not been developed for the public park located on 55th Avenue between Center Boulevard and Second Street, acceptable to the Chairperson of the City Planning Commission and the Department of Parks and Recreation.

A certification under this Section shall be granted on condition that an acceptable restrictive declaration is executed and filed, binding the owners, successors and assigns to develop such publicly accessible private open area in accordance with the approved site plan and to maintain such open area in accordance with maintenance standards acceptable to the Department of Parks and Recreation. Such approved plan shall allow for pedestrian access from 55th Avenue to the residential entrance of a building bounding the publicly accessible private open area. The paved width of such access shall not exceed 13 feet, and its location shall be within the area shown on Map 8.

Map 9, in Appendix A of this Chapter, shows the boundaries of the area comprising the Newtown Creek Waterfront Access Plan and the location of certain features mandated or permitted by the Plan. The plan area consists of Block 11, Lot 1, as established on November 13, 2008.

1. Modification of use requirements
   
   Docks for water taxis and docks or mooring facilities for non-commercial pleasure boats, listed under Use Group IV(B), shall be permitted uses within the Newtown Creek Waterfront Access Plan.
2. Area-wide modifications
   
   The requirements for waterfront public access area, as defined in Section 62-11, pursuant to Sections 62-53 through 62-57, inclusive, are modified at the following designated locations:
   1. Upland connection
      
      An upland connection, as defined in Section 62-11, shall be provided through Block 11, Lot 1, abutting the prolongation of 5th Street and extending from the shore public walkway, as defined in Section 62-11, northerly to 54th Avenue.
   2. Supplemental public access area
      
      Supplemental public access areas, as defined in Section 62-11, shall be provided as indicated on Map 9.

In the Newtown Creek Subdistrict, the Chairperson of the City Planning Commission shall allow for the phased implementation of all required publicly accessible areas upon certification to the Commissioner of Buildings that a plan has been submitted that provides for an amount of public access area proportionate to the amount of floor area being developed or enlarged in each phase. For any development or enlargement located within 100 feet of a shoreline, the initial phase shall provide, at a minimum, the required shore public walkway and any adjacent supplemental public access areas located between such development or enlargement and such shore public walkway, as defined in Section 62-11. For any development or enlargement that fronts upon 54th Avenue, the initial phase shall provide, at a minimum, the required publicly accessible private street.

For the purposes of Section 125-50 (PARKING REGULATIONS), inclusive, the floor area of a building shall not include floor space used for accessory off-street parking spaces provided in any story located not more than 33 feet above curb level.

No public parking garages or public parking lots shall be permitted.

Any roof area of a parking garage not otherwise covered by a building and larger than 400 square feet shall be landscaped. Up to five percent of such roof area may be used for mechanical equipment, provided that such mechanical equipment is screened from view by a fence which is at least 75 percent opaque or by at least three feet of dense planting. Up to 25 percent of such roof area may be accessible solely from an adjacent dwelling unit and the remaining roof area shall be accessible for the recreational use of the occupants of the building in which it is located. Hard surfaced areas shall not cover more than 50 percent of such roof area. Schools shall be exempt from the provisions of this paragraph (b).

In the East River Subdistrict, Section 16-13 (Permitted Parking for Zoning Lots With Multiple Uses) shall apply, except that the maximum number of spaces shall be 780. Additionally, the restrictions for off-site parking pursuant to Section 16-21 (Public Use and Off-site Parking) shall not apply.

In the Newtown Creek Subdistrict, Section 16-13 shall apply except that the maximum number of spaces shall not exceed 40 percent of the number of dwelling units within the development or enlargement.

In the East River Subdistrict, all accessory off-street parking spaces may be provided within parking facilities on zoning lots other than the same zoning lot as the uses to which they are accessory, provided such parking facilities are located within the Special Southern Hunters Point District, and the number of parking spaces within such facility shall not exceed the combined maximum number of spaces permitted on each off-site zoning lot using such facility, less the number of any spaces provided on such zoning lots.

Curb cuts are permitted only in the locations indicated on Map 10 (Permitted Curb Cut Locations) in Appendix A of this Chapter. The aggregate width of all curb cuts provided for any building shall not exceed 50 feet.

The provisions of this Chapter shall apply within the Special College Point District. The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control. However, in flood zones, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Zones), the provisions of Article VI, Chapter 4, shall control.

The District Map is located within the Appendix to this Chapter and is hereby incorporated and made part of this Resolution. It is incorporated for the purpose of specifying locations where special regulations and requirements set forth in this Chapter apply.

The regulations of Section 42-10 (USE ALLOWANCES), shall be modified to allow the following uses as-of-right within the Special College Point District:

From Use Group I

Golf courses

Outdoor racket courts

Outdoor skating rinks

Public parks, playgrounds or private parks

From Use Group III

Non-commercial recreation centers.

Section 42-40 (PERFORMANCE STANDARDS) shall be modified so that the performance standards of an M1 District apply throughout the Special College Point District.

The following provisions supersede Sections 42-51 (Enclosure of Commercial or Manufacturing Activities) and 42-52 (Enclosure or Screening of Storage).

All commercial or manufacturing uses established by a development, enlargement, extension, or change of use, including storage of materials or products, shall be subject to the provisions of this Section, inclusive. With respect to the enlargement or extension of an existing use or storage of materials or products, such provisions shall apply to the enlarged or extended portion of such use or storage. In addition, new accessory open storage or any increase in the portion of a zoning lot used for accessory open storage shall conform to the provisions of this Section.

However, these provisions shall not apply to open parking and loading areas as specifically provided in Sections 44-11 (General Provisions) and 44-51 (Permitted Accessory Off-street Loading Berths).

Within the Special College Point District, no advertising signs shall be permitted. Signs may be illuminated but not flashing. The provisions of Section 32-671 (Special provisions applying along district boundaries) shall not apply for zoning lots with frontage on the Whitestone Expressway.

No sign displayed from the wall of a building or other structure shall extend above the parapet wall or roof of such building or other structure, and no signs shall be permitted on the roof of any building.

Within the Special College Point District, all developments, or enlargements of 20 percent or more in floor area, shall provide street trees in accordance with Section 26-41 (Street Tree Planting). In addition, any building where 20 percent or more of the floor area is converted shall provide street trees in accordance with Section 26-41. The street frontage used to calculate the number of required trees may exclude the street frontage occupied by curb cuts serving uses listed in Use Groups 16B, 16C, 16D, 17 and 18.

Within the Special College Point District, the floor area ratio permitted for commercial, community facility or manufacturing uses, separately or in combination, shall be 1.0.

However, within the M2-1 District south of 30th Avenue and its prolongation, the maximum floor area ratio for commercial, community facility or manufacturing uses, separately or in combination, shall be as permitted in the underlying district, for:

(a)        portions of zoning lots within 600 feet of College Point Boulevard, where such zoning lot has frontage on College Point Boulevard; or

(b)        zoning lots with frontage on the Whitestone Expressway.

Front yards shall be provided with a depth of 15 feet, except for:

(a)        zoning lots with frontage along the Whitestone Expressway, where front yards shall be provided with a depth of 20 feet; and

(b)        corner lots, where one front yard may have a depth of 10 feet.

Within the Special College Point District, the height and setback regulations of an M1-1 District shall apply.  

However, within the M2-1 District south of 30th Avenue and its prolongation, the height and setback regulations shall be as permitted in the underlying district, for:

(a)        portions of zoning lots within 600 feet of College Point Boulevard, where such zoning lot has frontage on College Point Boulevard; or

(b)        zoning lots with frontage on the Whitestone Expressway.

1. Accessory off-street parking shall not be permitted within a required front yard.
2. The provisions of Section 44-21 (General Provisions) pertaining to accessory off-street parking spaces for commercial uses shall be modified as follows:

Transient hotels, for the floor area used for sleeping accommodations, shall be required to provide one parking space per two guest rooms or suites and, for the floor area used for meeting halls, auditoriums, eating or drinking places, wedding chapels or banquet halls, or radio or television studios, shall be required to provide one parking space per four persons-rated capacity

For uses with parking requirement category B1, or when permitted by special permit, shall be required to provide one parking space per four persons-rated capacity

1. For commercial uses within the commercial areas identified on the Special College Point District Map, the parking requirements of a C4-1 District shall apply.
2. Section 37-90 (PARKING LOTS), inclusive, shall apply to all open parking areas accessory to uses listed under Use Group X. Perimeter landscaping, required pursuant to Section 37-921, may overlap with required yards, pursuant to Section 126-231.
3. The provisions of Section 44-232 (Waiver of Requirements for Spaces Below Minimum Number) shall only apply to zoning lots existing both on July 29, 2009, and on the date of application for a building permit.

1. Off-street loading berths shall not be permitted between a street wall and a street line. However, the City Planning Commission may authorize off-street loading berths located between a street wall and a street line, provided that the Commission finds that such loading berths can not be located elsewhere on the zoning lot and that such loading berths shall be enclosed or screened to the greatest extent practicable.
2. All open off-street loading berths shall be screened from all adjoining zoning lots pursuant to the standards of Section 44-565 (Screening).

Within the Special College Point District, curb cuts shall be prohibited on 15th Avenue.

However, where permitted or required accessory off-street parking and loading requirements apply in a location where such curb cuts are prohibited, a curb cut may be allowed, provided that the City Planning Commission certifies to the Commissioner of Buildings that such zoning lot has access to the street only through such prohibited location and that such curb cut shall be no greater than 20 feet in width.

An application to the City Planning Commission for certification respecting such curb cut shall be accompanied by a site plan drawn to a scale of at least one-sixteenth inch to a foot, showing the size and location of the proposed curb cut.

The requirements of Section 126-234 (Planting requirement in front yards) and paragraph (c) of Section 126-233 (Special provisions along district boundaries) may be waived in whole or in part if the Commissioner of Buildings certifies that such requirements are infeasible due to unique geological conditions such as excessive subsurface rock conditions, underground municipal infrastructure, or a City, State or Federal mandated brownfield remediation that requires the site to be capped.

Such waiver shall be based on a report prepared by a licensed engineer that such conditions exist.

Within the commercial areas identified on the Special College Point District Map, the City Planning Commission may authorize a reduction of the parking requirement of Section 44-21 (General Provisions) and paragraphs (b) and (c) of Section 126-31 (Parking Regulations) by an amount not to exceed 50 percent, provided that the Commission finds that the proposed parking is sufficient for the use proposed.

For any zoning lot within the Special College Point District, the City Planning Commission may permit modification of the use or bulk regulations, except floor area ratio provisions, provided the Commission finds that such:

(a)        use or bulk modification will aid in achieving the general purposes and intent of the Special District;

(b)        use modification is necessary for, and the only practicable way to achieve, the programmatic requirements of the development;

(c)        bulk modifications will enhance the distribution of bulk on the zoning lot ;

(d)        bulk modifications will permit adequate access of light and air to surrounding streets and properties; and

(e)        use or bulk modification will relate harmoniously to the character of the surrounding area.

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

The provisions of this Chapter shall apply within the Special Flushing Waterfront District. The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control unless expressly stated otherwise.

In order to carry out the purposes and provisions of this Chapter, district maps are located in the Appendix to this Chapter and are hereby incorporated and made an integral part of this Resolution. They are incorporated for the purpose of specifying locations where special regulations and requirements, as set forth in the text of this Chapter, apply.

Map 1:        Special Flushing Waterfront District and Subdistricts

Map 2:        Publicly Accessible Private Street Network

Map 3:        Requirements Along Street Frontages

Map 4:        Waterfront Access Plan: Parcel Designation

Map 5:        Waterfront Access Plan: Visual Corridors

Map 6:        Waterfront Access Plan: Public Access Areas

Map 7:        Waterfront Access Plan: Phase I Waterfront Public Access Improvements

Map 8:        Waterfront Access Plan: Phase II Waterfront Public Access Improvements

In order to carry out the provisions of this Chapter, three subdistricts, Subdistrict A, Subdistrict B and Subdistrict C, are established.

The location and boundaries of these subdistricts are shown on Map 1 (Special Flushing Waterfront District and Subdistricts) in the Appendix to this Chapter.

For purposes of this Chapter, matter in italics is defined in Section 12-10 (DEFINITIONS), Section 32-301 (Definitions) and within this Section, except where explicitly stated otherwise in individual provisions in this Chapter.

Conceptual plan

A “conceptual plan” is a plan that sets forth the proposed final design, in compliance with the requirements of Section 127-421 (Requirements for publicly accessible private streets), for the remaining portions of the publicly accessible private street or upland connection certified pursuant to paragraph (b)(1)(i) of Section 127-422 (Certification for publicly accessible private streets), or paragraph (a)(1)(i) of Section 127-542 (Supplemental provisions), respectively. The plan shall include the proposed location, dimensions and grading for such remaining portions on adjoining zoning lots and shall be considered by the Chairperson of the City Planning Commission in reviewing the proposed final site plan for such remaining portions, if and when they become the subject of a certification pursuant to paragraph (b)(2) of Section 127-422 or paragraph (a)(2) of Section 127-542.

Final site plan

A “final site plan” is a plan that specifies the final design for the location, dimensions, and grading of all or portions of the publicly accessible private streets or upland connection that are the subject of a certification pursuant to paragraphs (a) or (b) of Section 127-422 or paragraphs (a)(1) or (a)(2) of Section 127-542. Where applicable, the design of such plan shall be consistent with any conceptual plan for the same portion of the publicly accessible private street or upland connection and, once certified and implemented in accordance with paragraph (b) of Section 127-422 or paragraph (a) of Section 127-542, such plan shall supersede any interim plan for the same portion of a publicly accessible private street or upland connection.

Interim site plan

An “interim site plan” is a plan that specifies, for an interim period, the design for the location, dimensions, and grading of portions of the publicly accessible private street or upland connection that are the subject of a certification pursuant to paragraph (b)(1) of Section 127-422 or paragraph (a)(1) of Section 127-542 and located on the applicant’s zoning lot. A design for an interim period is necessary where it is not feasible to implement the final design for such portions until build-out of the remaining portions of the publicly accessible private street or upland connection occurs. Such interim site plan, once certified, shall remain in effect until implementation of the final site plan in accordance with paragraph (b) of Section 127-422 or paragraph (a) of Section 127-542, at which time the certified final site plan shall supersede the interim site plan.

Publicly accessible private street

A “publicly accessible private street” is a way specified on Map 2 in the Appendix to this Chapter that functions as a street for the purposes of general public use, including vehicular and pedestrian traffic, and is open and unobstructed from its ground level to the sky, except by streetscape elements required or permitted by the provisions of this Chapter.

The provisions of Section 32-422 (Location of floors occupied by commercial uses) shall be modified such that the limitations set forth in paragraph (a) of such Section need not apply, and the requirements in paragraph (b) of such Section shall apply only where commercial uses are located above any story containing dwelling units.

For M1 Districts paired with a Residence District, the provisions regulating signs in C4 Districts, as set forth in Section 32-60 (SIGN REGULATIONS), inclusive, shall apply for any signs.

The floor area provisions of Section 62-32 (Floor Area Regulations on Waterfront Blocks)  and applicable regulations shall apply except as modified in this Section, inclusive.

1. Floor space for accessory off-street parking
   
   The floor area of a building shall not include floor space used for accessory off-street parking spaces provided in any story located not more than 33 feet above the height of the base plane.
2. Special floor area regulations for mixed use districts
   
   For M1 Districts paired with a Residence District, located inside a Mandatory Inclusionary Housing area, the maximum floor area ratio shall be 4.8 for community facility uses, 3.0 for commercial uses and 3.0 for manufacturing uses.

On waterfront zoning lots, the waterfront yard provisions of Section 62-33 (Special Yard and Lot Coverage Regulations on Waterfront Blocks) shall apply, except as modified as follows:

1. for all waterfront zoning lots, as defined in Section 62-11 (Definitions), whose developments are comprised predominantly, as defined in Section 62-11, of uses in listed under Use Groups IV(B), IX or X, a waterfront yard, as also defined in Section 62-11, shall be provided in accordance with the provisions of Section 62-332 (Rear yards and waterfront yards); and
2. the grading requirements of paragraph (b) of Section 62-332 (Rear yards and waterfront yards) may be modified pursuant to a certification by the Chairperson of the City Planning Commission as set forth in Section 127-61 (Certification for Interim Grading Conditions).

On zoning lots that are not waterfront zoning lots, no yard regulations shall apply.

The height and setback provisions of Section 62-34 (Height and Setback Regulations on Waterfront Blocks) shall be modified by the provisions of this Section, inclusive.

The height of all buildings or other structures shall be measured from the base plane, except where modified by specific provisions of this Section, inclusive, or by the provisions of Article VI, Chapter 4.

Sidewalk widenings shall be provided along specified street frontages and at specified depths as set forth on Map 3 (Requirements Along Street Frontages) in the Appendix to this Chapter. Such sidewalk widening shall be improved to Department of Transportation standards for sidewalks, and be at the same level as the adjoining sidewalk.

The underlying parking regulations shall be modified as follows:

1. In M1 Districts paired with a Residence District in Subdistrict A, the following shall apply:
   1. Commercial and manufacturing uses shall provide either one parking space for every 1,000 square feet of floor area, or shall provide parking spaces at the rate required for M1-2 Districts pursuant to Section 44-21 (General Provisions), whichever requires a smaller number of spaces.
      
      In addition, the provisions of Sections 44-232 (Waiver of Requirements for Spaces Below Minimum Number) and 44-231 (Exceptions to application of waiver provisions) shall not apply to manufacturing uses. In lieu thereof, accessory off-street parking spaces may be waived for manufacturing and commercial uses if the number of spaces for all applicable uses is at or below 40 spaces.
   2. Residential and community facility uses shall be subject to the parking requirements of R7-1 Districts, as set forth in Article II, Chapter 5 (Accessory Off-Street Parking and Loading Regulations).
2. In C4-2 Districts within Subdistricts B and C, the parking requirements applicable to C4-4 Districts, as set forth in Article III, Chapter 6 (Accessory Off-Street Parking and Loading Regulations), shall apply.

The provisions of the underlying loading regulations shall be modified so that in C4-2 Districts, the loading requirements applicable to C4-4 Districts, as set forth in Article III, Chapter 6 (Accessory Off-Street Parking and Loading Regulations), shall apply.

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 within the 50 feet of the intersection of two primary street frontages, as shown on Map 3 (Requirements Along Street Frontages) in the Appendix to this Chapter shall be considered Tier C street frontages.

For the purpose of applying such streetscape regulations, upland connections, visual corridors, shore public walkways and publicly accessible private streets shall be considered streets and shore public walkways shall be considered #wide streets.

The provisions of this Section, inclusive, shall apply to any development, as defined in Section 62-11 (Definitions), on a zoning lot that contains any portion of a required publicly accessible private street.

Where a tower rises sheer in accordance with the provisions of paragraph (c)(2) of Section 127-233 (Base heights and setback regulations), no building permit shall be issued by the Department of Buildings until the Chairperson of the City Planning Commission certifies a site plan demonstrating that a publicly accessible area, in compliance with the following requirements, will be provided.

1. Minimum size and location
   
   A publicly accessible area shall contain a minimum area of at least 2,000 square feet. Such publicly accessible area shall be located at the intersection of two streets, and shall have a minimum width of 20 feet along each street line. A publicly accessible area shall in no event include area within a publicly accessible private street.
   
   In addition, the major portion of a publicly accessible area shall occupy no less than 75 percent of the total publicly accessible area. The major portion is the largest area of the publicly accessible area and is the area of primary use. Major portions shall be generally regular in shape, easily and directly accessible from adjoining buildings and public spaces, and continuously visible from all portions of the publicly accessible area and from adjoining public spaces.
2. Design requirements
   
   All publicly accessible areas shall comply with the following provisions:
   1. a minimum of 20 percent of the open area shall be planted with any combination of perennials, annuals, decorative grasses, shrubs or trees in planting beds, raised planting beds or planter boxes. Such planting bed shall extend to a depth of at least two feet, inclusive of any structure containing the planted material, and any individual planted area shall have a width of at least five feet;
   2. one linear foot of seating shall be provided for each 60 square feet of publicly accessible area. For the purposes of such calculation, moveable seating or chairs may be credited as 24 inches of linear seating per chair;
   3. permitted obstructions within such area shall be subject to the provisions of Section 37-726 (Permitted obstructions), and any kiosk or open air cafe provided shall meet the operational and service requirements listed in paragraphs (a) and (b) of Section 37-73 (Kiosks and Open Air Cafes);
   4. the provisions of Section 37-722 (Level of plaza) and 37-728 (Standards of accessibility for persons with disabilities) shall apply to such area, and any steps provided shall be subject to the provisions of Section 37-725 (Steps);
   5. entry plaques and information plaques shall be provided in accordance with the provisions of paragraphs (a) and (b) of Section 37-751 (Public space signage systems); and
   6. all ground floor level building walls located within a distance of 150 feet from and facing a publicly accessible area provided on the same zoning lot shall either be glazed with transparency in accordance with the provisions of Section 37-34 (Minimum Transparency Requirements) or provide visual mitigation elements in accordance with the provisions for Type 2 blank walls set forth in Section 37-361 (Blank wall thresholds).
3. Design changes
   
   Any modification to a publicly accessible area certified pursuant to the provisions that, in the aggregate, results in design changes impacting more than 20 percent of the area of such publicly accessible area as compared to the certified plans, shall require a new certification pursuant to the provisions of this Section. Where a design change does not exceed 20 percent, the modifications made to the publicly accessible area shall not reduce the amount of amenities provided or otherwise creates a non-compliance with the provisions of this Section.
4. Hours of public access
   
   Such publicly accessible area shall be accessible to the public between the hours of 6:00 a.m. and 10:00 p.m. seven days of the week.

No certificate of occupancy shall be issued until the Chairperson of the City Planning Commission determines that the publicly accessible area is substantially completed in compliance with the certified plan and that such space has been made available for use by the public in compliance with the requirements of this Section.

The applicability provisions for visual corridors pursuant to Section 62-51 (Applicability of Visual Corridor Requirements) and waterfront public access areas pursuant to Section 62-52 (Applicability of Waterfront Public Access Area Requirements) shall apply, except as modified as follows:

1. developments comprised predominantly of uses listed under Use Groups IV(B), IX or X, except for docks, are subject to the special requirements for visual corridors set forth in Section 127-52; and
2. developments comprised predominantly of uses listed under Use Groups IV(B), IX or X shall provide a minimum amount of waterfront public access area in accordance with the provisions of Section 62-58 (Requirements for Water-Dependent Uses and Other Developments). Within such waterfront public access area, a circulation path shall be provided with a minimum clear width of at least 10 feet and shall connect with either an adjoining shore public walkway or additional circulation paths on adjoining zoning lots.

For developments within Parcels 3, 5 and 7, visual corridors shall be provided in the locations designated on Map 5 in the Appendix to this Chapter and pursuant to the requirements of Sections 62-51 (Applicability of Visual Corridor Requirements) and 62-65 (Public Access Design Reference Standards).

Waterfront public access areas shall be provided pursuant to Sections 62-52 (Applicability of Waterfront Public Access Area Requirements), 62-60 (DESIGN REQUIREMENTS FOR WATERFRONT PUBLIC ACCESS AREAS), and 62-70 (MAINTENANCE AND OPERATION REQUIREMENTS FOR WATERFRONT PUBLIC ACCESS AREAS), inclusive, except as modified in this Section, inclusive.

For all such waterfront public access areas, as designated on Map 6 (Waterfront Access Plan: Public Access Areas) in the Appendix to this Chapter, the minimum seat depth requirement of paragraph (b) of Section 62-652 (Seating) shall be modified to 16 inches.

The applicable provisions of Section 62-80 (SPECIAL REVIEW PROVISIONS), inclusive, shall apply, except as specifically modified or supplemented by the provisions of this Section, inclusive.

For any development or enlargement seeking:

(a)        modification to the level of waterfront yard provisions of Section 127-22 (Special Yard Regulations);

(b)        a certification pursuant to paragraph (b)(1) of Section 127-422 (Certification for a publicly accessible private street); or

(c)        a certification pursuant to Section 127-542 (Supplemental provisions),

the Chairperson of the City Planning Commission shall certify that a site survey has been conducted and sufficient documentation has been submitted, demonstrating that the proposed grades of a waterfront yard, interim plan for a publicly accessible private street or upland connection would not preclude developments or enlargements on adjacent parcels from complying with the provisions of this Chapter as part of an integrated public realm.

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

In harmony with the general purpose and intent of this Resolution and the general purposes of the Special St. George District, the regulations of this Chapter shall apply within the Special St. George District. The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control. However, in flood zones, 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.

However, the regulations of this Chapter shall not apply to any property that is the subject of a site selection for a court house and public parking garage pursuant to application C080379 PSR. Such property shall be governed by the underlying regulations of this Resolution.

Furthermore, any property that is the subject of a site selection and acquisition for the use of a lot for open parking pursuant to application C080378 PCR may be governed by the regulations of this Chapter or the underlying regulations of this Resolution for a period of two years after October 23, 2008. After October 23, 2010, such property shall be subject to the regulations of this Chapter.

In the North Waterfront Subdistrict, “publicly accessible waterfront open space” shall include on-site and off-site areas, as applicable, as set forth in the approved Proposed Plans, pursuant to Section 128-61 (Special Permit for North Waterfront Sites).

The regulations of this Chapter are designed to implement the Special St. George District Plan.

The District Plan includes the following five maps:

Map 1.        Special St. George District and Subdistricts

Map 2.        Designated Street Frontages

Map 3.        Minimum and Maximum Base Heights

Map 4.        Tower Restriction Areas

Map 5.        Visual Corridors and Parcels

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

In order to carry out the purposes and provisions of this Chapter, the Special St. George District shall include three subdistricts: the Upland Subdistrict, the North Waterfront District and the South Waterfront Subdistrict, as shown on Map 1 (Special St. George District and Subdistricts) in the Appendix to this Chapter.

The definition of “lower density growth management area” in Section 12-10 (DEFINITIONS) shall be modified to exclude all districts within the Special St. George 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 (Designated Street Frontages) in the Appendix 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.

The provisions of Section 32-422 (Location of floors occupied by commercial uses) shall be  modified such that the limitations set forth in paragraph (a) of such Section need not apply, and the requirements in paragraph (b) of such Section shall apply only where commercial uses are located above any story containing dwelling units. In addition, the provisions of paragraph (d) of Section 32-422 shall be modified such that eating or drinking establishments listed under Use Group VI shall be permitted on a story above dwelling units. 

In C4-2 Districts within the Upland Subdistrict, the maximum floor area ratio shall be modified as follows:

1. for zoning lots with less than 10,000 square feet of lot area without frontage on a commercial street, the maximum floor area ratio for any use, separately or in combination, shall be 2.2. However, for qualifying affordable housing or qualifying senior housing, the maximum floor area ratio shall be 2.64. No floor area bonuses shall apply; or
2. for all other zoning lots, the maximum floor area ratio for any use, separately or in combination, shall be 3.4. However, for qualifying affordable housing or qualifying senior housing, the maximum floor area ratio shall be 4.08. No floor area bonuses shall apply.

In C4-2 Districts within the Upland Subdistrict, the rear yard equivalent regulations for residential uses on through lots, or the through lot portion of a zoning lot, are modified as set forth in this Section. Such yards shall be provided within 45 feet of the centerline of the through lot or through lot portion, and the level of such yards may be provided at any level not higher than the floor level of the lowest story containing dwelling units that face such yards. Furthermore, no rear yard equivalent regulations shall apply to any through lot or through lot portion of a zoning lot on which a tower is developed or enlarged, pursuant to Section 128-35.

The provisions of Section 33-42 (Permitted Obstructions) shall apply to all buildings, 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). However, where towers are provided in accordance with Section 128-35 (Towers), the allowance in paragraph (f) of such Section shall supersede the underlying dormer provisions.

The following street wall location provisions shall apply:

1. Street walls along designated street frontages
   
   For street walls fronting streets designated on Map 2 (Designated Street Frontages) in the Appendix to this Chapter, the street wall location provisions of paragraph (b) Section 35-631 shall apply.
2. Street walls along other streets
   
   For street walls fronting other streets, the street wall shall extend along at least 50 percent of the street frontage of the zoning lot and be located within eight feet of the street line or sidewalk widening line, whichever is applicable.

Such street walls shall rise without setback to the minimum height specified on Map 3 (Minimum and Maximum Base Heights) in the Appendix to this Chapter, or the height of the building, whichever is less. When a building fronts on two intersecting streets for which different minimum base heights apply, the higher base height may wrap around to the street with the lower base height, for a distance of up to 100 feet.

The maximum height of a building or other structure before setback shall be as specified on Map 3 (Minimum and Maximum Base Heights) in the Appendix to this Chapter. When a building fronts on two intersecting streets for which different maximum base heights apply, the higher base height may wrap around to the street with the lower base height for a distance of up to 100 feet. At a height not lower than the minimum base height, and not higher than the maximum base height, a setback shall be provided in accordance with the provisions of Section 23-433 (Standard setback regulations).

After the required setback, a building may rise to the maximum building height set forth in Section 23-43 (Height and Setback Requirements in R6 Through R12 Districts), inclusive, for the applicable residential equivalent. However, in C4-2 Districts, towers shall be permitted as an alternative to such maximum building height, where provided in accordance with the provisions of Section 128-35 (Towers).

In C4-2 Districts, tower provisions of this Section shall apply, as an option, to any zoning lot with a lot area of at least 10,000 square feet. Any portion of a building developed or enlarged on such zoning lots that exceeds the applicable maximum base height shall comply with the following: 

1. Maximum footprint
   
   Each story located entirely above the maximum base height shall not exceed a gross area of 10,000 square feet. The outermost walls of each such story shall be inscribed within a rectangle, and the maximum length of any side of such rectangle shall be 135 feet.
2. Tower top articulation
   
   The highest three stories shall have a lot coverage of at least 50 percent of the story located directly below such stories, provided that the gross area of any such story does not exceed 90 percent of the gross area of that story located directly below such stories.
3. Orientation of all towers
   
   The maximum length of the outermost walls of any side of each story of a tower facing the shoreline shall not exceed 80 feet. For the purposes of this Section, the street line of St. Marks Place shall be considered to be a line parallel to the shoreline, and any side of such rectangle facing St. Marks Place from which lines perpendicular to the street line of St Marks Place may be drawn, regardless of intervening structures, properties or streets, shall not exceed 80 feet. 
4. Location of all towers
   
   Any portion of a tower shall be no closer to a side lot line than eight feet, and any story of a building that is entirely above a height of 70 feet shall be located within 25 feet of a street line or sidewalk widening line, where applicable.
5. Maximum tower height
   
   The maximum height of any building utilizing the tower provisions of this Section shall be 200 feet. The height of the tower portion of the building shall be measured from the base plane.
6. Tower and base integration
   
   The underlying setback provisions may be modified as follows: up to 50 percent of the street wall of the tower portion of the building need not be set back from the street wall of the building, and may rise without setback from grade, provided such portion of the building is set back at least 10 feet from a wide street line or sidewalk widening line, where applicable, and at least 15 feet from a narrow street line or sidewalk widening line, where applicable. On frontages where such allowance is taken, no dormers shall be permitted.
7. Tower exclusion areas
   
   No towers shall be permitted within the areas designated on Map 4 (Tower Restriction Areas) in the Appendix to this Chapter.