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What is NYC ZR § 37-76?

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This section outlines the mandatory use allocation for ground floor frontages of new buildings adjacent to public plazas and arcades. It specifies restrictions on permitted uses, accessibility requirements, and transparency standards for building walls. Applies to property owners developing buildings near public plazas.

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

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§ 37-76 Mandatory Allocation of Frontages for Permitted Uses

ZR § 37-76

Ground floor level uses The frontage of all new building walls fronting on a public plaza, or fronting on an arcade adjoining a public plaza, exclusive of such frontage occupied by building lobbies and frontage used for subway access, shall be subject to the following use provisions: The underlying use regulations shall be 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; and uses listed under Use Group VII shall be limited in size to 5,000 square feet per establishment; All uses occupying such frontage shall: be directly accessible from the major portion of the public plaza, an adjoining arcade, or a street frontage shared by the establishment and the public plaza; have a minimum depth of 15 feet, measured perpendicular to the wall adjoining the public plaza; and occupy such frontage for the life of the increased floor area of the bonused development.

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

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; and

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

All uses occupying such frontage shall: be directly accessible from the major portion of the public plaza, an adjoining arcade, or a street frontage shared by the establishment and the public plaza; have a minimum depth of 15 feet, measured perpendicular to the wall adjoining the public plaza; and occupy such frontage for the life of the increased floor area of the bonused development.

be directly accessible from the major portion of the public plaza, an adjoining arcade, or a street frontage shared by the establishment and the public plaza;

have a minimum depth of 15 feet, measured perpendicular to the wall adjoining the public plaza; and

occupy such frontage for the life of the increased floor area of the bonused development.

The remaining frontage may be occupied by other uses, lobby entrances or vertical circulation elements, in accordance with the district regulations.

As an alternative, where retail or service establishments located in an existing building front upon a public plaza or an arcade adjoining a public plaza, at least 50 percent of the total frontage of all building walls fronting on the public plaza, or fronting on an arcade adjoining a public plaza, exclusive of such frontage occupied by building lobbies and frontage used for subway access, shall be allocated for occupancy at the ground floor level by uses permitted in accordance with paragraph (a)(1) subject to the provisions of paragraph (a)(2) of this Section, as permitted by the applicable district regulations.

Public entrances A public entrance to the principal use of the building associated with the public plaza shall be located within 10 feet of the major portion of the public plaza. Frontage on the public plaza that is occupied by a building entrance or lobby shall not exceed 60 feet or 40 percent of the total aggregate frontage of the new building walls on the major and minor portions of the public plaza, whichever is less, but in no case shall building entrances or lobbies occupy less than 20 feet of frontage on the public plaza.

Transparency All new building walls fronting on the major and minor portions of the public plaza shall be treated with clear, untinted transparent material for 50 percent of the surface area below 14 feet above the public plaza level, or the ceiling level of the ground floor of the building, whichever is lower. Any non-transparent area of a new or existing building wall fronting on the major or minor portion of a public plaza shall be treated with a decorative element or material or shall be screened with planting to a minimum height of 15 feet above the public plaza.

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