37-62 Changes to Existing Publicly Accessible Open Areas
Any existing open area for which a floor area bonus has not been utilized that occupies the same zoning lot as an existing plaza, residential plaza or urban plaza, for which a floor area bonus has been utilized, may be reduced in size or eliminated only upon certification of the Chairperson of the City Planning Commission that all bonused amenities comply with the standards under which such floor area bonus was granted.
No existing plaza, residential plaza or urban plaza shall be eliminated or reduced in size except by special permit of the City Planning Commission, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).
The City Planning Commission may, upon application, authorize the closing during certain nighttime hours of an existing plaza, residential plaza or urban plaza for which a floor area bonus has been received, pursuant to Section 37-727 (Hours of access).
Kiosks and open air cafes may be placed within an existing plaza, residential plaza or urban plaza upon certification by the Chairperson of the City Planning Commission, pursuant to Section 37-73 (Kiosks and Open Air Cafes).
Except as otherwise provided in Sections 74-41 (Arenas, Auditoriums, Stadiums or Trade Expositions), 91-83 (Retail Uses Within Existing Arcades) and 91-841 (Authorization for retail uses within existing arcades), design changes to existing plazas, residential plazas or urban plazas may be made only upon certification by the Chairperson of the City Planning Commission that such changes would result in a plaza, residential plaza or urban plaza that is in greater accordance with the standards set forth in Section 37-70 (PUBLIC PLAZAS), inclusive. The provisions of Section 37-78 (Compliance), other than paragraph (e) (Special regulations for an urban plaza in the Special Lower Manhattan District), shall be made applicable to such plaza, residential plaza or urban plaza.
Publicly accessible tables and chairs shall be considered permitted obstructions within plazas that have not received a certification by the Chairperson of the City Planning Commission pursuant to Section 37-625 (Design changes), provided that such obstructions comply with the provisions of this Section.
The following provisions shall apply to all tables and chairs permitted by this Section.
(a) General requirements
Tables and chairs provided pursuant to this Section may be used by the public without restriction. All furnishings shall be moveable and made of high quality and durable materials. Tables and chairs shall not be chained, fixed, or otherwise secured between the hours of 7:00 a.m. and 9:00 p.m., and may be stored or secured between the hours of 9:00 p.m. and 7:00 a.m.
(b) Circulation requirements for tables and chairs
No furnishings, including storage of furnishings, shall be permitted within five feet of any building entrance, nor shall they be permitted within any required circulation paths. For plazas with a depth of 10 feet or less, as measured perpendicular from the street line, an unobstructed path of not less than three feet wide shall be provided, and for those with a depth greater than 10 feet, the width of such unobstructed path shall be increased to at least six feet.