The regulations of Sections 81-82 to 81-85, inclusive, relating to Special Regulations for the Fifth Avenue Subdistrict are applicable only in the Fifth Avenue Subdistrict, whose boundaries are shown on Map 1 in Appendix A of this Chapter. They supplement or modify the regulations of this Chapter applying generally to the Special Midtown District, of which this Subdistrict is a part.
In order to preserve, protect and enhance the character of the Fifth Avenue Subdistrict as the showcase of New York and national retail shopping, and to allow for uses that are consistent with the character of the Fifth Avenue Subdistrict as a major shopping and tourist destination, the following special limitations are imposed on the location and kinds of uses and signs permitted within the Fifth Avenue Subdistrict. These requirements and limitations shall apply to developments, enlargements, extensions or changes of use.
(a) Restriction on ground floor uses
Uses within stories located on the ground floor level or on a floor within five feet of curb level, except for lobby space, shall be limited to uses listed in Use Group F.
(b) Minimum retail space requirement
Any zoning lot, or portion thereof, located within the Fifth Avenue Subdistrict shall contain uses listed in Use Group F with a floor area ratio of not less than 1.0. When existing uses listed in Use Group F are retained, their floor area may be counted toward such requirement. In order to count toward the requirement, retail or service establishments shall be located on levels up to but not exceeding a height of six stories or 85 feet, whichever is less, or not more than five feet below curb level.
(c) Use Group F
Use Group F comprises a group of establishments selected to promote and strengthen retail business in the Fifth Avenue Subdistrict.
Art galleries, commercial
Artists' supply stores
Book or card stores
Clothing or clothing accessory stores, with no limitation on floor area per establishment
Eating or drinking establishments including those which provide outdoor table service or have music for which there is no cover charge and no specified showtime
Eating or drinking establishments with musical entertainment but not dancing, with a capacity of 200 persons or less
Food stores, including supermarkets, grocery stores, meat markets or delicatessen stores
Furrier shops, custom
Leather goods or luggage stores
Newsstands, open or enclosed
Optician or optometrist establishments
Package liquor stores
Photographic equipment or supply stores
Sporting or athletic stores
Stamp or coin stores
**Studios, television or radio
Tailor or dressmaking shops, custom
Television, radio, phonograph or household appliance stores
Watch or clock stores or repair shops
Any use or uses marked with an asterisk (*) shall occupy, in the aggregate at the ground floor level, no more than 15 percent of the linear street frontage of the zoning lot on or within 50 feet of Fifth Avenue and no more than 10 percent of the total lot area of the zoning lot within 50 feet of Fifth Avenue.
Any use or uses marked with two asterisks (**) shall be permitted on the ground floor level only if:
(1) the building has frontage on Fifth Avenue; and
(2) all portions of the street wall of the building are set back from the street line of Fifth Avenue by a minimum of 40 feet.
(d) Modification of use regulations on a zoning lot with no frontage on Fifth Avenue
For a zoning lot which has no frontage on Fifth Avenue, the mandatory retail use regulations of this Section may be modified for that portion of the zoning lot located more than 100 feet from the street line of Fifth Avenue, provided that the City Planning Commission certifies that the ground floor space is occupied by a community facility use which maintains front wall transparency up to a height of one story above the abutting sidewalk level generating pedestrian interest and activity, and is compatible with the character and objectives of the Fifth Avenue Subdistrict. In no event shall the street line frontage occupied by such use exceed 30 feet.
(e) The following special sign regulations apply to existing as well as new establishments or uses:
(1) The aggregate area of all signs in ground floor store windows are restricted to not more than one-third of the window area. Below a level of 10 feet above curb level, signs shall not be permitted on the exterior of any building.
(2) The display of banners or pennants from the exteriors of buildings is prohibited.
For the purposes of this Section, any signs, including banners and pennants, which do not comply with the above regulations may be continued for one year after April 28, 1983, provided that after the expiration of that period, such non-conforming sign shall terminate. A sign which the Chairperson of the City Planning Commission certified as an integral part of the building shall not be required to terminate.
The street wall of any building with frontage on Fifth Avenue shall extend without setback from the Fifth Avenue street line for at least 90 percent of the entire length of the front lot line. The street wall shall reach a minimum required height of 85 feet and shall not exceed a height of 125 feet at or within 10 feet of the street line.
Where a building occupies less than an entire block front of Fifth Avenue frontage, the height of the street wall at the street line shall be not more than 10 feet above or below the height of an adjacent existing building at the street line. If the building is on an interior lot between two adjacent existing buildings of different heights, the height of such building's street wall at the street line shall be not more than 10 feet above or below the street wall height of one of the adjacent existing buildings at the street line. However, this shall not be construed to permit a street wall height of less than 85 feet or more than 125 feet at the street line. At the required height of the building's street wall at the street line, the street wall must extend continuously without setback for at least 75 percent of its required width and no portion of its required width shall be set back more than 10 feet from the street line.
For the purpose of calculating the maximum street wall height on the narrow street frontage of a corner lot by the weighted average method, as set forth in paragraph (b) of Section 81-262 (Maximum height of front wall at the street line), the maximum street wall height generally applicable along the narrow street shall be averaged with a height of 150 feet for the first 100 feet from the street line intersection, provided that no actual street wall either on the Fifth Avenue or on the narrow street frontage shall exceed a height of 125 feet at the street line.
Below the minimum required street wall height, recesses whose depth shall be measured in all cases from the street line, shall be permitted only as follows: no recesses greater than 10 feet deep shall be permitted; recesses up to 10 feet deep shall be limited in their aggregate area to no more than 30 percent of the area of the street wall below the minimum required street wall height; in addition, recesses up to two feet deep shall be limited in their aggregate area to no more than 20 percent of the area of the street wall below the minimum required street wall height; and recesses up to one foot deep shall not be limited in their aggregate area. For the area above the minimum required street wall height, recesses are not restricted.
Above a height of 125 feet, a street wall shall be set back not less than 10 feet from the street line.
The following requirements listed in this Section shall apply to all developments, enlargements, extensions or changes of use within the Subdistrict:
(a) Pedestrian access to uses
No access from the Fifth Avenue street line or within 50 feet of the Fifth Avenue street line shall be permitted to lobbies for office, residential or hotel uses or to any new use not listed in Use Group F, except when the zoning lot is inaccessible from any other street, in which case the total amount of frontage occupied by lobby space or entrance space for such uses shall not exceed 40 feet or 25 percent of the building's total street frontage, whichever is less.
No public plaza, or any part thereof, shall be permitted on or within 50 feet of the Fifth Avenue street line.
(b) Off-street parking regulations
No off-street parking facilities are permitted within the Fifth Avenue Subdistrict.
(c) Off-street loading regulations
In no event shall access to accessory off-street loading berths be permitted on or within 50 feet of the Fifth Avenue street line. Beyond 50 feet from the Fifth Avenue street line, where three or more accessory loading berths are required, such berths shall be located below street grade. Access to such berths, however, shall be permitted at street grade.
Interior lots with a frontage only on Fifth Avenue or only on a wide street shall not contain loading berths.
For developments or enlargements, in addition to the provisions of Sections 74-79 (Transfer of Development Rights from Landmark Sites) and 81-212 (Special provisions for transfer of development rights from landmark sites), the City Planning Commission may modify or waive the requirements of Section 81-40 (MANDATORY DISTRICT PLAN ELEMENTS), inclusive, and the requirements of Section 81-84 (Mandatory Regulations and Prohibitions).
In granting such special permit, the Commission shall find that the permitted transfer of floor area and modification or waiver of mandatory plan elements will result in a distribution of bulk and arrangement of uses on the zoning lot that relate more harmoniously with surrounding landmark buildings or other structures.