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What is NYC ZR § 37-362?

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This section outlines the required mitigation elements to be provided on a zoning lot, including surface treatments, planting, benches, bicycle racks, and tables and chairs. Each element contributes to the linear foot mitigation requirement along the street wall. Applies to property owners developing or modifying zoning lots.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 37-362 Mitigation elements

ZR § 37-362

The following mitigation elements shall be provided on the zoning lot, except where such elements are permitted within the street under other applicable laws or regulations.

(a)Surface treatment

Where utilized as a visual mitigation element the following shall apply:

(1)Wall treatment

Wall treatment, in the form of permitted signs, graphic or sculptural art, 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 the mitigation requirement.

(2)Surface texture

Surface texture that recesses or projects a minimum of one inch from the remaining surface of the street wall shall be provided. The height or width of any individual area that recesses or projects shall not be greater than 18 inches. Each linear foot of wall treatment shall constitute one linear foot of the mitigation requirement.

(b)Linear treatment

Planting, in the form of any combination of perennials, annual flowers, 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 the mitigation requirement. Such planting bed, or planter boxes shall extend to a depth of at least three feet, inclusive of any structure containing the planted material. Any individual planted area, including planters spaced not more than one foot apart, shall have a width of at least five feet.

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 the 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.

(3)Bicycle racks

Bicycle racks, sufficient to accommodate at least two bicycles, shall be provided in front of the street wall as follows. No more than three bicycle racks may be used to fulfill such requirement per 50 feet of frontage.

(i)Where bicycle racks are oriented so that the bicycles are placed parallel to the street wall, each bicycle rack so provided shall satisfy five linear feet of the mitigation requirement.

(ii)Where bicycle racks are oriented so that bicycles are placed perpendicular or diagonal to the street wall, each bicycle rack so provided shall satisfy the width of such rack, as measured parallel to the street wall, of the mitigation requirement.

(4)Tables and chairs

In Commercial Districts and M1 Districts, 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 the mitigation requirement.

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