Chapter 7 - Special Urban Design Regulations

Special urban design regulations are set forth in this Chapter to improve the quality of the streetscape and to promote a lively and engaging pedestrian experience along commercial streets in various neighborhoods.

The provisions of this Chapter shall apply as follows:

(a)        Section 37-10 sets forth applicability of Article II, Chapter 6 to zoning lots accessed by private roads in C1 or C2 Districts mapped within R3, R4 or R5 Districts, and in C3 Districts;

(b)        Section 37-20, inclusive, sets forth special regulations for lower density growth management areas in the Borough of Staten Island;

(c)        Section 37-30, inclusive, sets forth special streetscape provisions that apply in conjunction with provisions specified in the supplemental use provisions of Article III, Chapter 2, special provisions for certain areas in Article VI, or in Special Purpose Districts in Articles VIII through XIV;

(d)        Section 37-40, inclusive, sets forth provisions for relocating or renovating subway stairs in certain areas;

(e)        Section 37-50, inclusive, sets forth requirements for pedestrian circulation spaces that apply in conjunction with provisions specified in certain Special Purpose Districts;

(f)        Section 37-60, inclusive, sets forth provisions for publicly accessible open areas such as plazas, residential plazas and urban plazas created prior to October 17, 2007;

(g)        Section 37-70, inclusive, sets forth provisions for public plazas;  

(h)        Section 37-80 sets forth provisions for arcades; and

(i)        Section 37-90, inclusive, sets forth provisions for certain open parking areas, including landscaping.

In C1 or C2 Districts mapped within R3, R4 or R5 Districts, and in C3 Districts, the provisions of Section 26-20 (SPECIAL REQUIREMENTS FOR LOTS WITH PRIVATE ROADS) shall apply to any zoning lot with buildings accessed by private roads, except where such zoning lot contains private roads constructed prior to February 6, 2002. In addition, the open area between buildings and sidewalks required pursuant to Section 26-25 need not be planted where such open areas front upon commercial uses.

However, in C3A Districts located within lower density growth management areas, the provisions of 26-30 (SPECIAL REQUIREMENTS FOR LOTS WITH PRIVATE ROADS IN LOWER DENSITY GROWTH MANAGEMENT AREAS) shall apply.

Section 37-30, inclusive, specifies ground floor level requirements that establish consistent standards for a minimum depth for certain uses, a maximum width for certain uses, minimum transparency requirements, and parking wrap and screening requirements that apply in conjunction with requirements set forth for certain Commercial Districts in the supplemental use provisions of Section 32-40, inclusive, for Quality Housing buildings in certain Commercial Districts subject to supplemental provisions for qualifying ground floors; for certain Manufacturing Districts in Section 42-485 (Streetscape provisions); for zoning lots subject to the off-street parking regulations in the Manhattan Core in Article I, Chapter 3; for zoning lots subject to the special provisions for waterfront areas and FRESH food stores in Article VI, Chapters 2 and 3, respectively; and for zoning lots subject to the provisions of certain Special Purpose Districts.

However, the ground floor depth requirements for certain uses and minimum transparency requirements of Sections 37-32 and 37-34, respectively, shall not apply to:

(a)        zoning lots in Commercial Districts with a lot width of less than 20 feet, as measured along the street line, provided such zoning lots existed on March 22, 2016, and on the date of application for a building permit; or

(b)        any community facility building used exclusively for either a school, as listed in Use Group 3, or a house of worship, as listed in Use Group 4.

The following definitions shall apply throughout Section 37-30 (SPECIAL GROUND FLOOR LEVEL STREETSCAPE PROVISIONS FOR CERTAIN AREAS), inclusive.

Ground floor level

For the purposes of Section 37-30, inclusive, the "ground floor level" shall refer to a building's lowest story.

Primary street frontage

For the purposes of Section 37-30, inclusive, a "primary street frontage" shall be the portion of the ground floor level street frontage along any of the following:

(a)        a wide street;

(b)        a narrow street where a Commercial District is mapped along an entire block frontage; or

(c)        a narrow street within 50 feet of a wide street.  

Secondary street frontage

For the purposes of Section 37-30, inclusive, a "secondary street frontage" shall be a ground floor level street frontage, or portion thereof, subject to the provisions of Section 37-30, inclusive, that is not a primary street frontage.

The minimum depth for required ground floor non-residential uses, as applicable, shall be as set forth in this Section, except as set forth in Section 37-31 (Applicability).

Required ground floor level non-residential uses along a primary street frontage or a designated retail street specified in a Special Purpose District, as applicable, shall have a minimum depth of 30 feet, as measured perpendicular to the ground floor level street wall. However, such minimum depth requirement may be reduced, to the minimum extent necessary, to accommodate vertical circulation cores or structural columns associated with upper stories of the building.

The maximum width of lobbies, entrances and exits to accessory off-street parking facilities, and entryways to subway stations is set forth in this Section.

(a)        Ground floor lobbies

(1)        Type 1

Where Type 1 lobby provisions apply, lobbies accessing uses not permitted on the ground floor level shall be permitted, provided that the width of such lobbies, in total, does not exceed 25 percent of the street wall width of the building or more than 20 linear feet of street wall frontage on a wide street or 30 linear feet on a narrow street, whichever is less. However, the width of such lobbies need not be less than 10 feet.

(2)        Type 2

Where Type 2 lobby provisions apply, lobbies accessing uses not permitted on the ground floor level shall be permitted, provided that the width of such lobbies, in total, does not exceed 25 percent of the street wall width of the building or more than 40 linear feet of street wall, whichever is less. However, the width of such lobbies need not be less than 20 feet.

(b)        Entrances and exits to accessory parking facilities

Entrances and exits to accessory off-street parking facilities, where permitted on the ground floor level, or portion thereof, shall not exceed a street wall width equal to the sum of five feet plus the maximum curb cut width for the applicable district. Where no specified maximum curb cut width is set forth for the district, the curb cut regulations for buildings containing residences in R6 through R8 Districts with a letter suffix in paragraph (e) of Section 25-631 (Location and width of curb cuts in certain districts) shall be applied.

(c)        Entryways to subway stations

Entryways to subway stations may be provided on the ground floor level of a building without restriction in street wall width.

The ground floor level street wall along a primary street frontage or a designated retail street set forth in a Special Purpose District, as applicable, shall be glazed with transparent materials which may include show windows, transom windows or glazed portions of doors, except as set forth in Section 37-31 (Applicability).

Such transparent materials shall occupy at least 50 percent of the surface area of such ground floor level street wall between a height of two feet and 12 feet, or the height of the ground floor ceiling, whichever is higher, as measured from the adjoining sidewalk. Transparent materials provided to satisfy such 50 percent requirement shall not begin higher than 2 feet, 6 inches, above the level of the adjoining sidewalk, with the exception of transom windows, or portions of windows separated by mullions or other structural dividers, and shall have a minimum width of two feet. The maximum width of a portion of the ground floor level street wall without transparency shall not exceed 10 feet.

However, such transparency requirements shall not apply to portions of the ground floor level occupied by entrances or exits to accessory off-street parking facilities and public parking garages, where permitted, entryways to required loading berths, where permitted, entryways to subway stations, as applicable, or doors accessing emergency egress stairwells and passageways.

All accessory off-street parking spaces on the ground floor level of a building shall be wrapped by floor area in accordance with paragraph (a) or, where applicable, screened in accordance with applicable provisions of paragraph (b) of this Section.

(a)        Along primary street frontages

For ground floor levels, or portions thereof, fronting along a primary street frontage or a designated retail street set forth in a Special Purpose District, as applicable, any portion of an accessory off-street parking facility that is located above curb level, except for permitted entrances and exits, shall be located behind permitted commercial, community facility or residential floor area so that no portion of such facility is visible from adjacent public sidewalks or publicly accessible areas. Such floor area shall have a minimum depth of 30 feet, as measured perpendicular to the street wall of the building.

(b)        Along secondary street frontages

For ground floor levels, or portions thereof, fronting along a secondary street frontage or 50 feet beyond a designated retail street set forth in a Special Purpose District, as applicable, off-street parking facilities, or portions thereof, may either be wrapped by floor area in accordance with paragraph (a) of this Section, or shall be subject to the following design requirements:

(1)        any non-horizontal parking deck structures shall not be visible from the exterior of the building in elevation view;

(2)        opaque materials shall be located on the exterior building wall between the bottom of the floor of each parking deck and no less than three feet above such deck; and

(3)        a total of at least 50 percent of such exterior building wall, or portion thereof, with adjacent parking spaces shall consist of opaque materials which may include permitted signs, graphic or sculptural art, decorative screening or latticework, or living plant material.

Where a development or an enlargement is constructed on a zoning lot of 5,000 square feet or more of lot area that fronts on a portion of a sidewalk containing a stairway entrance or entrances into a subway station located within the Special Midtown District as listed in Section 81-46, the Special Lower Manhattan District as listed in Section 91-43, the Special Downtown Brooklyn District as listed in Section 101-43, the Special Long Island City Mixed Use District as described in Section 117-44, the Special Union Square District as listed in Section 118-50, the Special East Harlem Corridors District as described in Section 138-33, and those stations listed in the following table, the existing entrance or entrances shall be relocated from the street onto the zoning lot. The new entrance or entrances* shall be provided in accordance with the provisions of this Section.

A relocated subway stair or a subway stair that has been renovated in accordance with the provisions of Section 37-50 (REQUIREMENTS FOR PEDESTRIAN CIRCULATION SPACE) may be counted as pedestrian circulation space pursuant to Section 37-50.

^*         Provision of a new subway entrance or entrances pursuant to the requirements of this Section may also require satisfaction of additional obligations under the Americans with Disabilities Act of 1990 (ADA), including the ADA Accessibility Guidelines. The New York City Transit Authority should be consulted with regard to any such obligations

^**         Access stairways to elevated portions of a station complex are exempt from this requirement