97-20 Location and Access Regulations
Within the Core Subdistrict, as shown on Map 1 in Appendix A of this Chapter, and areas outside of a subdistrict, the provisions of Section 97-21 (Supplemental Use and Streetscape Regulations Along 125th Street), inclusive, shall apply.
Within the Park Avenue Hub Subdistrict, as shown on Map 1 in Appendix A of this Chapter, the provisions of Section 97-21, inclusive, shall apply to any zoning lot, or portion thereof, specified in Section 97-21, and the provisions of Section 97-22 (Supplemental Use and Streetscape Regulations Within the Park Avenue Hub Subdistrict), inclusive, shall apply to all other zoning lots, or portions thereof.
Within the Special 125th Street District, for any zoning lot that fronts upon 125th Street, the use regulations of the underlying districts shall be modified by the requirements of this Section, inclusive. However, on through lots or corner lots with frontage along 125th Street, such requirements shall apply within the first 100 feet of the 125th Street street line.
Any arts and entertainment uses listed in Section 97-11 that are provided in order to comply with the requirements of Section 97-12 (Arts and Entertainment Use Requirement) or Section 97-422 (Floor area bonus for visual or performing arts uses) shall be subject to the following location and access requirements:
The designated uses listed in Section 97-11 may be located anywhere throughout a building that fronts on 125th Street, subject to the following conditions:
(a) any such designated uses within the Core Subdistrict required pursuant to Section 97-12 shall be accessed from 125th Street; and
(b) any residential use shall be located on a floor wholly above any commercial use; or
(c) any commercial use may be permitted on the same story as a residential use, provided that:
(1) no access exists between commercial uses and residential uses at any level; and
(2) commercial uses are not located directly over any residential uses.
Such commercial use, however, may be located over a residential use by authorization of the City Planning Commission upon a finding that sufficient separation of residential uses from commercial uses exists within the building.
The following uses are not permitted within stories that have a floor level within five feet of curb level in buildings developed after April 30, 2008, or within stories that have a floor level within five feet of curb level within portions of buildings enlarged after April 30, 2008, where such building or portion of a building fronts upon 125th Street, or is within 100 feet from 125th Street. Entranceways and lobby space for access to such uses shall be permitted at the ground floor level, pursuant to the provisions of Section 97-213 (Access to non-ground floor uses).
From Use Group 2:
From Use Groups 3A and 3B:
All uses, except for libraries, museums or non-commercial art galleries.
From Use Groups 4A and 4B:
All uses, except for houses of worship or playgrounds.
From Use Group 5A:
From Use Groups 6A, 6B, 6C and 6E:
Banks (except for automated teller machines, provided the width of street frontage allocated for automated teller machines shall be no more than 25 feet or 40 percent of the frontage of the zoning lot, whichever is less, measured to a depth of 30 feet from 125th Street, except that such frontage need not be less than 20 feet), electrolysis studios, frozen food lockers, laundry establishments, loan offices, offices or veterinary medicine offices.
From Use Group 6D:
From Use Group 7:
All uses, except for bicycle rental or repair shops.
From Use Groups 8A and 8B:
Automobile driving schools, ice vending machines, lumber stores or pawn shops.
From Use Groups 8C, 8D and 8E:
From Use Groups 9A, 9B and 9C:
All uses, except for gymnasiums, public auction rooms, photographic developing or printing establishments for the consumer, or art, music, dancing or theatrical studios.
From Use Groups 10A, 10B and 10C:
Depositories for storage, and wholesale offices or showrooms.
Use Group 11:
Use Groups 12A and 12B:
Use Groups 12C and 12D:
Use Group 14A and 14B:
All uses, except for bicycle sales, rental or repair shops.
Within the Special District, for such developments and enlargements that are no more than one story, a use permitted by the regulations of the underlying district shall be allowed.
The maximum ground floor street frontage on 125th Street allocated to entranceways or lobby space for non-ground floor uses listed in Section 97-22 shall be as set forth for Type 1 lobbies in Section 37-33 (Maximum Width of Certain Uses), except that for developments or enlargements with at least 200 linear feet fronting on 125th Street, the Type 2 lobby regulations shall apply.
Additionally, within the Core Subdistrict the residential portion of a development or enlargement may be accessed from an entrance on 125th Street only if such development or enlargement does not front upon a street other than 125th Street.
For all uses, other than houses of worship, libraries and primary rehearsal spaces, located on the ground floor of developments and enlargements that front upon that portion of 125th Street located within the Special 125th Street District, the ground floor street wall shall be glazed in accordance with the provisions set forth in Section 37-34 (Minimum Transparency Requirements).
Within the Park Avenue Hub Subdistrict, as shown on Map 1 in Appendix A of this Chapter, for zoning lots, or portions thereof, that are not subject to the provisions of Section 97-21 (Supplemental Use and Streetscape Regulations Along 125th Street), inclusive, the provisions of this Section, inclusive, shall apply.
The supplementary commercial use regulations of Section 32-421 (Limitation on floors occupied by commercial uses) shall be modified to permit commercial uses on any story, provided that at any level containing residences, no access exists between such commercial and residential uses and provided that such commercial uses are not located directly over any residential use.
The provisions of this Section, inclusive, shall apply to developments or ground floor level enlargements. Any portion of a ground floor level allocated to a transit easement required by the MTA pursuant to the provisions of Article IX, Chapter 5 need not comply with the streetscape requirements of this Section.
For the purposes of applying the provisions of Section 37-30 (SPECIAL GROUND FLOOR LEVEL STREETSCAPE PROVISIONS FOR CERTAIN AREAS), any portion of a ground floor level street frontage along Park Avenue that is not subject to the provisions of Section 97-21 (Supplemental Use and Streetscape Regulations Along 125th Street), inclusive, as well as any narrow street frontage within 50 feet of Park Avenue, shall be considered primary street frontages. A ground floor level street frontage along any other street shall be considered a secondary street frontage.
(a) Along primary street frontages
For buildings, or portions thereof, with primary street frontage, uses on the ground floor level, to the minimum depth set forth in Section 37-32 (Ground Floor Depth Requirements for Certain Uses), shall be limited to non-residential uses, except for Type 2 lobbies and entrances and exits to accessory parking spaces provided in accordance with the applicable provisions of Section 37-33 (Maximum Width of Certain Uses). Group parking facilities located on the ground floor level shall be wrapped by floor area in accordance with the provisions of paragraph (a) of Section 37-35 (Parking Wrap and Screening Requirements). Ground floor level street walls shall be glazed in accordance with the provisions set forth in Section 37-34 (Minimum Transparency Requirements).
(b) Along secondary street frontages
For buildings, or portions thereof, with secondary street frontage, all uses permitted by the underlying district shall be permitted on the ground floor level, provided that any group parking facilities on the ground floor level shall be wrapped or screened in accordance with the provisions of Section 37-35.
The level of the finished floor of such ground floor shall be located not higher than five feet above nor lower than five feet below the as-built level of the adjoining street.