97-20 Location and Access Regulations

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:

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 6D:

From Use Group 7:

From Use Groups 8A and 8B:

From Use Groups 8C, 8D and 8E:

From Use Groups 9A, 9B and 9C:

From Use Groups 10A, 10B and 10C:

Use Group 11:

Use Groups 12A and 12B:

Use Groups 12C and 12D:

Use Group 14A and 14B:

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).

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.