Where a FRESH food store is provided on a zoning lot, the provisions of Section 35-31 (Maximum Floor Area Ratio) relating to the maximum permitted floor area ratio on a zoning lot for each permitted use shall apply as modified in this Section.
Where all non-residential uses on a zoning lot have a permitted floor area ratio equal to or less than that permitted for a residential use and for zoning lots containing Quality Housing buildings, the total floor area permitted for such zoning lot may be increased by one square foot of residential floor area for each square foot of FRESH food store floor area, up to 20,000 square feet.
Where any non-residential use on such zoning lot has a permitted floor area ratio greater than that permitted for a residential use, the total residential floor area permitted for such zoning lot may be increased by one square foot for each square foot of FRESH food store floor area, up to 20,000 square feet, provided the total floor area of the building does not exceed the maximum permitted floor area for a non-residential use.
Where a FRESH food store is provided on a zoning lot, the provisions of Section 123-64 (Maximum Floor Area Ratio and Lot Coverage Requirements for Zoning Lots Containing Mixed Use Buildings) relating to the maximum permitted floor area ratio on a zoning lot for each permitted use shall apply, as modified in this Section.
Where all non-residential uses on such zoning lot have a permitted floor area ratio equal to or less than that permitted for a residential use, and for zoning lots containing Quality Housing buildings, the total floor area permitted for such zoning lot may be increased by one square foot of residential floor area for each square foot of FRESH food store floor area, up to 20,000 square feet.
Where any non-residential use on such zoning lot has a permitted floor area ratio greater than that permitted for a residential use, the total residential floor area permitted for such zoning lot may be increased by one square foot for each square foot of FRESH food store floor area, up to 20,000 square feet, provided the total floor area of the building does not exceed the maximum permitted floor area for a non-residential use.
For buildings containing a FRESH food store, the City Planning Commission may authorize modifications to Sections 35-65 (Height and Setback Requirements for Quality Housing Buildings)and 123-66 (Height and Setback Regulations) to allow the applicable maximum building height to be increased by up to 15 feet, provided that the first story occupied by a FRESH food store has a minimum finished floor to finished ceiling height of 14 feet, and provided that such finished ceiling height is at least 14 feet above the base plane or curb level, as applicable.
In order to grant such authorizations, the Commission shall find that:
(a) such modifications are necessary to accommodate a first story utilized as a FRESH food store;
(b) the proposed modifications shall not adversely affect the essential scale and character of the adjacent buildings and any adjacent historic resources; and
(c) the proposed modifications will not unduly obstruct access to light and air of adjacent properties.
The Commission may prescribe additional appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.
For all FRESH food stores, the ground floor level of the street wall fronting upon a "primary street frontage", as defined in Section 37-311, shall be glazed in accordance with the provisions of Section 37-34 (Minimum Transparency Requirements).
Furthermore, for buildings with frontage on two or more streets, the Chairperson of the City Planning Commission may certify that the glazing requirements of this Section shall only be applicable to the street wall fronting upon the principal street, as determined by the Chairperson.
In addition, the Chairperson may, by certification, allow a reduction in the glazing requirements of this Section, provided that the Chairperson finds that such mixed building, or mixed use building as defined in Section 123-11, is a recipient of public funding as defined in Section 23-911 (General definitions).
(a) In C1-1, C1-2, C1-3, C2-1, C2-2, C2-3 and C4-3 Districts, the accessory off-street parking regulations in Section 36-20 (REQUIRED ACCESSORY OFF-STREET PARKING SPACES FOR COMMERCIAL OR COMMUNITY FACILITY USES) applicable to a C1-4 District shall apply to any FRESH food store.
(b) In the Borough of Brooklyn, in those portions of Community District 5 located south of Flatlands Avenue and east of the centerline prolongation of Schenck Avenue, and in the Borough of Queens, where applicable in Community District 12 outside of the Special Downtown Jamaica District, a FRESH food store shall provide accessory off-street parking spaces as required for uses in parking requirement category B in the applicable Commercial and Manufacturing Districts.
(c) In C8-1, C8-2, M1-1, M1-2 and M1-3 Districts, a FRESH food store shall provide one parking space per 1,000 square feet of floor area or cellar space utilized for retailing, up to a maximum of 15,000 square feet. The underlying off-street parking regulations in Sections 36-20 or 44-20 shall apply to the floor area or cellar space, in excess of 15,000 square feet, utilized for retailing in such FRESH food store.
(d) The provisions of this Section shall not apply to:
(1) in the Borough of the Bronx, portions of Community District 7 and in the Borough of Manhattan, portions of Community District 12, as shown on Map 1 in Appendix C of this Chapter;
(2) in the Borough of Brooklyn, portions of Community District 5, as shown on Map 2 in Appendix C;
(3) in the Borough of Brooklyn, portions of Community Districts 16 and 17, as shown on Map 3 in Appendix C; and
(4) in the Borough of Queens, the Special Downtown Jamaica District.