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What is NYC ZR § 32-321?

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This section establishes use modifications and transparency requirements for ground floor levels along Tier B street frontages. It restricts certain uses, including dwelling units and guest rooms, while allowing limited ancillary residential uses and specific loading berths. The statute mandates that street walls be glazed with transparent materials, affecting property operators in designated areas.

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§ 32-321 Ground floor level use and transparency requirements

ZR § 32-321

Along the Tier B street frontage of a ground floor level, use modifications are set forth in paragraph (a) of this Section and transparency requirements are set forth in paragraph (b).

Ground floor level uses On the portion of a ground floor level facing a Tier B street frontage, within the minimum qualifying depth, the underlying use regulations are modified as follows: dwelling units shall not be permitted; uses listed under Use Group III(A) shall not be permitted; uses listed under Use Group IV shall be limited to those listed under Public Service Buildings, and Renewable Energy and Green Infrastructure; guest rooms or suites associated with Transient Accommodations listed under Use Group V shall not be permitted; uses listed under Use Group VII shall be limited in size to 5,000 square feet per establishment; the maximum street wall width of ancillary residential uses or lobbies accessing uses not permitted on the ground floor level shall be limited to 50 percent of the ground floor level street frontages, or 50 feet, whichever is greater; off-street parking spaces or loading berths, shall not be permitted, except that: entrances and exits to parking and loading facilities located beyond the minimum qualifying depth shall be permitted, subject to any applicable curb cut regulations of this Section, inclusive, or this Resolution; for buildings along a Tier B street frontage, and no frontage along another street where a loading berth is permitted, loading berths with a maximum street wall width of 50 feet shall be permitted; and for buildings with a street wall width in excess of 100 feet and with no frontage along another street where parking spaces are permitted within a minimum qualifying depth, parking spaces shall be permitted in the street wall portion in excess of 100 feet, provided that: the maximum street wall width of such parking spaces does not exceed 50 feet; the frontage allocated to such parking spaces shall be included in the maximum percentage permitted for ancillary residential uses or lobbies; and such parking spaces shall be screened in accordance with the provisions for Tier A street frontages set forth in paragraph (a) of Section 32-312. entrances and exits to mass transit stations, as defined in Section 66-11, shall be permitted without restriction.

dwelling units shall not be permitted;

uses listed under Use Group III(A) shall not be permitted;

uses listed under Use Group IV shall be limited to those listed under Public Service Buildings, and Renewable Energy and Green Infrastructure;

guest rooms or suites associated with Transient Accommodations listed under Use Group V shall not be permitted;

uses listed under Use Group VII shall be limited in size to 5,000 square feet per establishment;

the maximum street wall width of ancillary residential uses or lobbies accessing uses not permitted on the ground floor level shall be limited to 50 percent of the ground floor level street frontages, or 50 feet, whichever is greater;

off-street parking spaces or loading berths, shall not be permitted, except that: entrances and exits to parking and loading facilities located beyond the minimum qualifying depth shall be permitted, subject to any applicable curb cut regulations of this Section, inclusive, or this Resolution; for buildings along a Tier B street frontage, and no frontage along another street where a loading berth is permitted, loading berths with a maximum street wall width of 50 feet shall be permitted; and for buildings with a street wall width in excess of 100 feet and with no frontage along another street where parking spaces are permitted within a minimum qualifying depth, parking spaces shall be permitted in the street wall portion in excess of 100 feet, provided that: the maximum street wall width of such parking spaces does not exceed 50 feet; the frontage allocated to such parking spaces shall be included in the maximum percentage permitted for ancillary residential uses or lobbies; and such parking spaces shall be screened in accordance with the provisions for Tier A street frontages set forth in paragraph (a) of Section 32-312.

entrances and exits to parking and loading facilities located beyond the minimum qualifying depth shall be permitted, subject to any applicable curb cut regulations of this Section, inclusive, or this Resolution;

for buildings along a Tier B street frontage, and no frontage along another street where a loading berth is permitted, loading berths with a maximum street wall width of 50 feet shall be permitted; and

for buildings with a street wall width in excess of 100 feet and with no frontage along another street where parking spaces are permitted within a minimum qualifying depth, parking spaces shall be permitted in the street wall portion in excess of 100 feet, provided that: the maximum street wall width of such parking spaces does not exceed 50 feet; the frontage allocated to such parking spaces shall be included in the maximum percentage permitted for ancillary residential uses or lobbies; and such parking spaces shall be screened in accordance with the provisions for Tier A street frontages set forth in paragraph (a) of Section 32-312.

the maximum street wall width of such parking spaces does not exceed 50 feet;

the frontage allocated to such parking spaces shall be included in the maximum percentage permitted for ancillary residential uses or lobbies; and

such parking spaces shall be screened in accordance with the provisions for Tier A street frontages set forth in paragraph (a) of Section 32-312.

entrances and exits to mass transit stations, as defined in Section 66-11, shall be permitted without restriction.

Transparency requirements Along the Tier B street frontage of a ground floor level, street walls shall be glazed with transparent materials, which may include show windows, transom windows, or glazed portions of doors. 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. However, such transparency requirements shall not apply to portions of the ground floor level occupied by entrances or exits to parking or loading facilities, to doors accessing emergency egress stairwells and passageways, or to community facility buildings.

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