In harmony with the general purposes and content of this Resolution and the general purposes of the Special Downtown Jamaica District, the regulations of this Chapter shall apply within the Special Downtown Jamaica District. The regulations of all other chapters of this Resolution are applicable except as modified, supplemented or superseded by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control. However, for transit-adjacent sites or qualifying transit improvement sites, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI, Chapter 6 shall control. For the purposes of this paragraph, defined terms additionally include those in Section 66-11 (Definitions).

Any special permit granted by the City Planning Commission before September 10, 2007, may be started or continued, in accordance with the terms thereof, or as such terms may be subsequently modified, pursuant to the regulations in effect at the time such special permit was granted, subject to the provisions of Sections 11-42 (Lapse of Authorization or Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution) and 11-43 (Renewal of Authorization or Special Permit).

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

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

Map 1        Special Downtown Jamaica District

Map 2        Ground Floor Use and Transparency and Curb Cut Restrictions

Map 3        Street Wall Location

Map 4        Maximum Building Height

Map 5        Sidewalk Widening

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

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

In the Special Downtown Jamaica District, the use regulations of the underlying C4-5X, C6-2, C6-3, C6-4 and M1-4 Districts shall be modified to permit public parking garages with a capacity of 150 spaces or less, as-of-right, subject to the provisions set forth for accessory off-street parking spaces in Sections 36-53 (Width of Curb Cuts and Location of Access to the Street), 36-55 (Surfacing) and 36-56 (Screening). Public parking garages may be open or enclosed, provided that no portion of such use shall be located on a roof other than a roof which is immediately above a cellar or basement, except as provided by the special permit provisions of Section 74-194 (Parking garages or public parking lots in high density central areas).

In C6-4 Districts, the size limitations applicable to wholesale establishments listed under Use Group IX(A), as set forth in paragraph (e)(2) of Section 32-193 (Use Group IX – uses subject to size limitations) shall not apply.

The use regulations of the underlying M1-4 District shall apply, except as follows:

1. all uses listed under Use Group III(B) shall be permitted;
2. uses listed under Use Group VI with a size limitation, as denoted with an “S” in the Use Group tables set forth in Section 42-16 (Use Group VI – Retail and Services), shall be permitted without size limitation;
3. uses listed under Use Groups IV(B), IX and X shall be limited to those permitted within M1 Districts in Special Mixed Use Districts, as set forth in Section 123-20 (SPECIAL USE REGULATIONS), inclusive; and
4. such permitted uses listed under Use Groups IV(B), IX and X, along with uses in Use Group VI that are listed in paragraph (c) of Section 42-163 (Use Group VI – uses subject to additional conditions) shall be located within a completely enclosed building.

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 (Ground Floor Use and Transparency and Curb Cut Restrictions) in Appendix A of this Chapter shall be considered Tier C street frontages. In addition to the underlying provisions, ground floor level frontages on Tier C street frontages shall provide a major building entrance onto such street, except that where zoning lot has frontage on more than one Tier C street frontage, a major building entrance need only be located on one street frontage.

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

1. Maximum floor area ratio for zoning lots containing non-residential uses
   
   In C6-2 and C6-3 Districts, the maximum floor area ratio permitted for commercial and community facility uses, separately or in combination, shall not exceed 6.0 in C6-2 Districts and 8.0 in C6-3 Districts.
   
   In C6-4 Districts, for commercial uses, the maximum floor area ratio shall be 12.0.
   
   In M1-4 Districts, the maximum floor area ratio permitted for commercial, community facility or manufacturing uses, separately or in combination, shall be 2.0.
2. Maximum floor area ratio for zoning lots containing residential uses
   
   The maximum residential floor area ratio shall be as set forth by the underlying district regulations. However, sky exposure plane buildings shall not be permitted.
3. Floor area bonus
   
   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).

Rear yard requirements shall not apply to non-residential uses along such portion of a lot line that coincides with a boundary of a railroad right-of-way, or in any portion of a C6-4 District.

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

For zoning lots subject to the sidewalk widening requirements of Section 115-31, the boundary of the sidewalk widening furthest from the street line shall be considered the street line for the purposes of applying all height and setback regulations. 

All heights shall be measured from the base plane.

The provisions of this Section shall apply to all developments fronting upon locations requiring sidewalk widenings as shown on Map 6 (Sidewalk Widening) in Appendix A of this Chapter. A sidewalk widening is a continuous, paved open area along the street line of a zoning lot having a depth of two feet or five feet, as set forth on Map 6. Such depth shall be measured perpendicular to the street line. Sidewalk widenings shall be improved as sidewalks to Department of Transportation standards, at the same level as the adjoining public sidewalk and directly accessible to the public at all times. No enlargement shall be permitted to decrease the depth of such sidewalk to less than such minimum required total sidewalk depth.

All mandatory sidewalk widenings must provide lighting in accordance with the requirements of Section 37-743, except that the minimum level of illumination shall be not less than two horizontal foot candles throughout the entire mandatory sidewalk widening.

Within the Special Downtown Jamaica District, the underlying off-street parking and loading regulations shall be modified, as follows:

1. Commercial and manufacturing uses.
   
   In C4, C6 and M1 Districts, the off-street parking and loading regulations of a C4-4 District shall apply, except as modified in this Section.
   1. For any use that is not allowed in a C4 District, the underlying off-street parking requirements of the applicable C6-2, C6-3, C6-4 or M1-4 District shall apply.
   2. In C4, C6 and M1 Districts, the provisions of Sections 36-12 and 44-12 (Maximum Size of Accessory Group Parking Facilities) shall be modified to permit an accessory group parking facility to contain up to 300 off-street parking spaces. Pursuant to the provisions of Sections 36-13 and 46-13 (Modification of Maximum Size of Accessory Group Parking Facilities), the Commissioner of Buildings may permit such group parking facility to contain up to 150 additional spaces.
   3. In C4, C6 and M1 Districts, the provisions of Section 36-21 (General Provisions) pertaining to accessory off-street parking spaces for commercial or community facility uses shall be modified as follows: uses in Use Groups VII and IX, with parking requirement category A3, shall be required to provide one parking space per 2,000 square feet of floor area.
   4. Modification of Waiver of Parking Requirements
      1. In C4, C6 and M1 Districts, the provisions of Sections 36-23 (Waiver of Requirements for Spaces Below Minimum Number) and 44-23 (Waiver of Requirements for Spaces Below Minimum Number or Certain Small Zoning Lots, Developments or Enlargements) shall only apply to zoning lots existing both on September 10, 2007 and on the date of application for a building permit. 
      2. In C4, C6 and M1 Districts, for any commercial use permitted in a C4 or C6 District, the waiver provisions for a C4-4 District set forth in Section 36-232 (In districts with very low parking requirements) shall not apply. In lieu thereof, the maximum number of accessory off-street parking spaces for which requirements are waived shall be 15 spaces, pursuant to the waiver provisions for a C4-2 District set forth in Section 36-231 (In districts with high, medium or low parking requirements).
2. Residential uses
   1. The provisions of Section 25-12 (Maximum Size of Accessory Group Parking Facilities) shall be modified to permit an accessory group parking facility to contain up to 300 off-street parking spaces. Pursuant to the provisions of Section 25-13 (Modification of Maximum Size of Accessory Group Parking Facilities), the Commissioner of Buildings may permit such group parking facility to contain up to 150 additional spaces.
   2. The provisions of Sections 25-52 (Off-site Spaces for Residences) and 25-521 (Maximum distance from zoning lot) shall be modified to permit the location of off-street parking spaces accessory to residences on a zoning lot other than the same zoning lot as the residences to which such spaces are accessory, provided that such zoning lot is no more than 1,500 feet from the nearest boundary of the zoning lot occupied by the residences to which they are accessory.
   3. The provisions of Section 36-42 (Off-site Spaces for Residences) and 36-421(Maximum distance from zoning lot) shall be modified to permit the location of off-street parking spaces accessory to residences on a zoning lot other than the same zoning lot as the residences to which such spaces are accessory, provided that such zoning lot is no more than 1,500 feet from the nearest boundary of the zoning lot occupied by the residences to which they are accessory.

Curb cuts shall be prohibited at locations specified as Tier C street frontages on Map 2 (Ground Floor Use and Transparency and Curb Cut Restrictions) in Appendix A of this Chapter.

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 only to 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 waiver provisions of Article III, Chapter 6 (Accessory Off-street Parking and Loading Regulations), shall not apply to the special location of access requirements of this Section.

Between 160th Street and a point 205 feet east of 160th Street along Archer Avenue, The City Planning Commission may authorize, subject to the applicable zoning district regulations, curb cuts that are prohibited by Section 115-42 (Location of Access to the Street), provided the Commission finds that a curb cut at such location:

(a)        is not hazardous to traffic safety;

(b)        will not create or contribute to serious traffic congestion, or unduly inhibit vehicular movement;

(c)        will not adversely affect pedestrian movement;

(d)        will not interfere with the efficient functioning of bus lanes, specially designated streets and public transit facilities; and

(e)        will not be inconsistent with the character of the existing streetscape.

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