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138-30 Streetscape Requirements

NYC Zoning Resolution > XIII - Special Purpose Districts > 8 Special East Harlem Corridors District (EHC) > 138-30 Streetscape Requirements

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The provisions of this Section, inclusive, shall apply to developments or ground floor level enlargements in all districts. In Commercial Districts mapped within R7D Districts, the underlying provisions of Section 32-434 (Ground floor use in C4-5D and C6-3D Districts and in certain C2 Districts) shall not apply. Any portion of a ground floor level that is within a transit easement required pursuant to the provisions of Article IX, Chapter 5, or any portion of a ground floor level that contains a subway entrance required pursuant to the provisions of Section 138-33 (Off-street Relocation or Renovation of a Subway Stair), need not comply with the streetscape requirements of this Section, inclusive.

138-31 Ground Floor Use Regulations

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).

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 planting or screening in accordance with the provisions of paragraphs (a)(1) or (b)(1) of Section 37-362 (Mitigation elements) is provided pursuant to the provisions for Type 1 blank walls set forth in Section 37-361 (Blank wall thresholds); and
2. in flood zones, visual mitigation elements shall be provided in accordance with the provisions for Type 3 blank walls set forth in Section 37-361.
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.

138-32 Off-Street Relocation or Renovation of a Subway Stair

Where a development or enlargement is constructed on a zoning lot of at least 5,000 square feet that fronts on a portion of sidewalk containing a stairway entrance or entrances into the 116th Street Station of the Lexington Avenue subway line, such development or enlargement shall be subject to the regulations of Section 37-40 (OFF-STREET RELOCATION OR RENOVATION OF A SUBWAY STAIR).