81-40 Mandatory District Plan Elements
The provisions of Section 81-40 (MANDATORY DISTRICT PLAN ELEMENTS) specify mandatory planning and urban design features. Requirements which apply generally or with minor specified exceptions throughout the Special Midtown District are fully set forth in the provisions of Section 81-40. For requirements which are not generally applicable but tied to specific locations within the District, the locations where these requirements apply are shown on Map 3 (Retail and Street Wall Continuity) or Map 4 (Subway Station and Rail Mass Transit Facility Improvement Areas) in Appendix A of this Chapter.
The provisions of Section 81-40 are all primarily oriented toward the accommodation and well-being of pedestrians. The requirements pertain to a number of elements which are interrelated and complement one another but are set forth in different sections because they can be treated separately. Sections 81-42 (Retail Continuity Along Designated Streets), 81-43 (Street Wall Continuity Along Designated Streets) and 81-44 (Curb Cut Restrictions) are a group of sections with closely related purposes concerned with amenity and the well-being and safety of pedestrians. Sections 81-45 to 81-48, inclusive, are all concerned primarily with pedestrian traffic circulation. Major building entrances are focal points of heavy pedestrian traffic, so that controls on the locations of these entrances, as set forth in Section 81-48, are closely related to the pedestrian circulation space requirements.
Special district plan requirements for the Penn Center Subdistrict are set forth in Section 81-50, for the East Midtown Subdistrict are set forth in Section 81-60, for the Theater Subdistrict are set forth in Section 81-70, for the Fifth Avenue Subdistrict are set forth in Section 81-80 and for the Preservation Subdistrict are set forth in Section 81-90.
Owners of property on which pedestrian circulation spaces are provided shall be responsible for their maintenance unless, in the case of relocated subway stairs, the Metropolitan Transit Authority has agreed in writing to such maintenance responsibility.
Directional signs are required to call attention to relocated subway stairs and through block connections and announce their accessibility to the public.
All mandatory district plan elements required by the provisions of Section 81-45 (Pedestrian Circulation Space) shall conform with applicable laws pertaining to access for persons with disabilities.
For buildings developed or enlarged after May 13, 1982, where the ground floor level of such development or enlarged portion of the building fronts upon a designated retail street (see Appendix A, Map 3), uses within stories on the ground floor or with a floor level within five feet of curb level shall be limited to retail, personal service or amusement uses permitted by the underlying zoning district regulations but not including uses in Use Groups 6B, 6E, 7C, 7D, 8C, 8D, 9B, 10B, 11 and 12D or automobile showrooms or plumbing, heating or ventilating equipment showrooms. Museums and libraries shall be permitted. A building's street frontage shall be allocated exclusively to such uses, except for:
(a) lobby space or entrance space;
(b) entrance areas to subway station improvements for which bonus floor area is granted and street wall continuity restrictions waived pursuant to Sections 74-634 (Subway station improvements in Downtown Brooklyn and in Commercial Districts of 10 FAR and above in Manhattan) and 81-292 (Subway station improvements);
(c) one or more of the following pedestrian circulation spaces subject to the street wall continuity requirements of Section 81-43 (Street Wall Continuity Along Designated Streets):
(2) through block connections provided in accordance with paragraph (h) of Section 37-53 (Design Standards for Pedestrian Circulation Spaces); and
(3) off-street improvements of access to rail mass transit facilities provided in accordance with Section 81-48 (Off-street Improvement of Access to Rail Mass Transit Facility).
Except as provided in the following sentence, in no event shall the length of street frontage occupied by lobby space, entrance space and/or a building entrance recess exceed the lesser of 40 feet or 25 percent of the building's total street frontage exclusive of any frontage occupied by a relocated subway stair, a through block connection, an off-street improvement of access to rail mass transit facility or the entrance area to a bonused subway station improvement. However, the total length of street frontage occupied by lobby space and/or entrance space need not be less than 20 feet.
Storefronts for the permitted ground floor uses shall be not more than 10 feet from the street line or, where an arcade is provided with supporting columns at the street line, not more than 10 feet from the supporting columns.
Access to each retail, personal service or amusement establishment required under this Section shall be provided directly from the designated retail street. Where more than one entrance is provided to the establishment, direct access from the designated retail street shall be provided via the entrance with the greatest aggregate clear opening width. At least 50 percent of the street wall surface of each required establishment shall be glazed with clear untinted transparent material and not more than 50 percent of such transparent surface shall be painted or obstructed with signs. For the purpose of this glazing requirement, the establishment's street wall surface shall be measured from the floor to the height of the ceiling or 14 feet above grade, whichever is less.
Special use regulations apply along designated retail streets located within the boundaries of the Penn Center Subdistrict, the East Midtown Subdistrict, the Theater Subdistrict or the Fifth Avenue Subdistrict and uses along such designated streets shall be subject to the respective subdistrict retail requirements in Sections 81-531, 81-674, 81-72 and 81-82.
Special ground level and entertainment-related use regulations apply to zoning lots located within the Theater Subdistrict Core, as defined in Section 81-71 (General Provisions), and such zoning lots shall meet the ground level and entertainment-related use requirements of Section 81-72 (Use Regulations Modified).