74-93 - Special Commercial or Mixed Use Developments in Commercial Districts

LAST AMENDED
6/6/2024

Within the boundaries of Community District 6, Borough of Queens, for #commercial# or #mixed use# #developments# or
#enlargements# on two or more #zoning lots# in more than one #block#, which #zoning lots#, as defined in Section 12-10, each
have single fee ownership or equivalent ownership arrangements for all lots comprising the #development# or #enlargement#,
which are contiguous or would be contiguous but for their separation by a #street#, and located partially in a C4-2 District,
partially in a C4-2F District, the City Planning Commission may permit upon application:

(a)   reduction of the parking requirement of Section 36-21 (General Provisions) by an amount not to exceed 50 percent,
       provided that the Commission finds that the applicant has demonstrated that the proposed parking is sufficient for the
       #uses# proposed;

(b)    any closed and demapped air space above a #street# to be considered as a part of the #development# or #enlargement# and
       to be used for automobile ways, or for pedestrian ways, provided the Commission finds that:

       (1)    each bridge over the #street# bed utilizes only unused #floor area# from an adjoining #zoning lot# within the
              #development# or #enlargement# and that no #floor area# credit is generated from the demapped air space;

       (2)    each bridge adjoins #zoning lots# which are wholly within the #development# or #enlargement#;

       (3)    the #curb levels# of the adjoining #zoning lots# are not affected by the closing and demapping of such air space;

       (4)    all #street# frontages of the #zoning lots# under each bridge are provided with satisfactory lighting; and

       (5)    a landscaped open, covered or enclosed space for public use at #street# level, linked with the pedestrian circulation
              system, is provided in one location within the #development# or #enlargement#, which open, covered or enclosed
              space is at least equivalent to the #street# area covered by the bridges, has a minimum area of 20,000 square feet
              and is maintained with planting and seating facilities, by the owner of the #development# or #enlargement# or his
              designee, said open, covered or enclosed space to be subject to such other requirements as the Commission may
              deem appropriate;

(c)   automobile service establishments, including: automobile, tire, battery, muffler and accessories establishments, including
      installation services; automobile glass and mirror shops, including installation services where such #use# is an integral part
      of the permitted principal #use#; automotive seat cover or convertible top establishments, including installation service,
      but not including automobile laundries; automobile painting establishments; automobile body repair establishments; or
      automobile fuel service stations;

(d)    modification of applicable #bulk# regulations by permitting the total permitted #floor area# for all #zoning lots# within
       such #development# or #enlargement# to be distributed without regard to #zoning# #lot lines# and permitting the
       location of #buildings# without regard for the applicable height and setback regulations, provided the Commission finds
       that:

       (1)    such distribution of #floor area# and location of #buildings# will result in better site planning and will thus
              benefit both the neighborhood and the City as a whole; and

       (2)    such distribution of #floor area# and location of #buildings# will permit adequate access of light and air to
              surrounding #streets# and properties; and

(e)   modification of the applicable provisions of Sections 32-64 (Surface Area and Illumination Provisions) and 32-65
      (Permitted Projection or Height of Signs), provided that the Commission finds that such modification will result in a
      better site plan.

The Commission may impose additional conditions and safeguards to improve the quality of the #development# or
#enlargement# and minimize adverse effects on the character of the surrounding area, including restrictions on permitted
#commercial# #uses#, #signs# and location of curb cuts to ease vehicular and pedestrian circulation in the area.