138-30 Streetscape Requirements

The special ground floor level streetscape provisions set forth in Section 37-30, shall apply to Second Avenue, Third Avenue, Lexington Avenue, Park Avenue and East 116th Street, within the Special East Harlem Corridors District which, for the purposes of applying such provisions, shall be considered designated retail streets, and any portion of a ground floor level street frontage along the designated retail streets, as well as any narrow street frontage within 50 feet of such streets, shall be considered primary street frontages. A ground floor level street frontage along any other street shall be considered a secondary street frontage. For the purposes of this Section, defined terms shall also include those defined in Section 37-311 (Definitions).

(a)        Along primary street frontages

For buildings, or portions thereof, with primary street frontage, uses on the ground floor level, to the minimum depth set forth in Section 37-32 (Ground Floor Depth Requirements for Certain Uses), shall be limited to non-residential uses, except for Type 2 lobbies and entrances and exits to accessory parking spaces provided in accordance with the applicable provisions of Section 37-33 (Maximum Width of Certain Uses). Group parking facilities located on the ground floor level shall be wrapped by floor area in accordance with the provisions of paragraph (a) of Section 37-35 (Parking Wrap and Screening Requirements). Ground floor level street walls shall be glazed in accordance with the provisions set forth in Section 37-34 (Minimum Transparency Requirements), except that:

(1)        in M1-6 Districts paired with an R9 or R10 District, where the ground floor level is occupied by uses in Use Groups 16, 17 and 18, up to 50 percent of the ground floor level street wall width may be exempt from such regulations, provided that any street wall width exceeding 50 feet with no transparent elements on the ground floor level shall provide planting or screening in accordance with the provisions of paragraphs (a) or (e) of Section 138-32 (Special Streetscape Provisions for Blank Walls) for at least 75 percent of such blank wall; and

(2)        in flood zones, where no transparent materials or building entrances or exits are provided on the ground floor level street wall lower than a height of four feet above the level of the adjoining sidewalk for a continuous width of at least 15 feet, visual mitigation elements shall be provided in accordance with Section 138-32 for such blank wall.

(b)        Along secondary street frontages

For buildings, or portions thereof, with secondary street frontage, all uses permitted by the underlying district shall be permitted on the ground floor level, provided that any group parking facilities on the ground floor level shall be wrapped or screened in accordance with Section 37-35.

The level of the finished floor of such ground floor shall be located not higher than five feet above nor lower than five feet below the as-built level of the adjoining street.

Where visual mitigation elements are required on a blank wall along the ground floor level street wall pursuant to the provisions of Section 138-31 (Ground Floor Use Regulations), at least 75 percent of the linear footage of any such blank wall shall be treated by one or more of the following visual mitigation elements which shall be provided on the zoning lot, except where such elements are permitted within the street under other applicable laws or regulations. Such features, when utilized as visual mitigation elements, shall include:

(a)        Planting

Any combination of perennials, annuals, decorative grasses or shrubs shall be provided in planting beds, raised planting beds or planter boxes in front of the street wall. Each foot in width of a planting bed, raised planting bed or planter box, as measured parallel to the street wall, shall satisfy one linear foot of frontage mitigation requirements. Such planting bed shall extend to a depth of at least three feet, inclusive of any structure containing the planted material. Any individual planted area shall have a width of at least five feet, and the height of such planting, inclusive of any structure containing the planted materials, shall be at least three feet.

Where a blank wall exceeds a street wall width of 50 feet, at least 25 percent of such street wall width shall be planted in accordance with the provisions of this paragraph.

(b)        Benches

Fixed benches with or without backs shall be provided in front of the street wall. Unobstructed access shall be provided between such benches and an adjoining sidewalk or required circulation paths. Each linear foot of bench, as measured parallel to the street wall, shall satisfy one linear foot of frontage mitigation requirement. Any individual bench shall have a width of at least five feet, and no more than 20 feet of benches may be used to fulfill such requirement per 50 feet of frontage.    

(c)        Bicycle racks

Bicycle racks, sufficient to accommodate at least two bicycles, shall be provided in front of the street wall, and oriented so that the bicycles are placed parallel to the street wall. Each bicycle rack so provided shall satisfy five linear feet of frontage mitigation requirement. No more than three bicycle racks may be used to fulfill such requirement per 50 feet of frontage.    

(d)        Tables and chairs

Fixed tables and chairs shall be provided in front of the street wall. Each table shall have a minimum diameter of two feet, and have a minimum of two chairs associated with it. Each table and chair set so provided shall satisfy five linear feet of frontage mitigation requirement.  

(e)        Wall treatment

Wall treatment, in the form of permitted signs, graphic or sculptural art, rustication, decorative screening or latticework, or living plant material, shall be provided along the street wall. Each linear foot of wall treatment shall constitute one linear foot of frontage mitigation requirement. Such wall treatment shall extend to a height of at least 10 feet, as measured from the level of the adjoining sidewalk or grade, and have a minimum width of 10 feet, as measured parallel to the street wall.