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What is NYC ZR § 37-80?

Quick Answer

This section outlines the requirements for developing arcades that qualify for a floor area bonus, including design specifications, permitted elevations, and operational guidelines. It mandates that arcades remain accessible to the public at all times and details signage requirements. Applies to developers of properties seeking floor area bonuses for arcade spaces.

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

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§ 37-80 ARCADES

ZR § 37-80

The provisions of this Section shall apply to all developments an enlargements containing an arcade that qualifies for a floor area bonus pursuant to Sections 24-15, 33-14 or 43-14.

(a)General provisions

An arcade shall be developed as a continuous covered space extending along a street line, or publicly accessible open area. An arcade shall be open for its entire length to the street line or publicly accessible open area, except for building columns and tables and chairs provided pursuant to Section 37-81 (Moveable tables and Chairs). Such arcade shall be unobstructed to a height of not less than 12 feet, and either:

(1)have a depth not less than 10 feet nor more than 30 feet measured perpendicular to the street line or boundary of the publicly accessible open area on which it fronts, and extend for at least 50 feet, or the full length of the street line or boundary of the publicly accessible open area on which it fronts, whichever is the lesser distance; or

(2)on a corner lot, is bounded on two sides by the two intersecting street lines, and has an area of not less than 500 square feet and a minimum dimension of 10 feet.

(b)Permitted elevation

Such an arcade shall not at any point be above the level of the street, or publicly accessible open area that it adjoins, whichever is higher. Any portion of an arcade occupied by building columns shall be considered to be part of the area of the arcade for the purposes of computing a floor area bonus.

(c)Permitted parking, drop offs or loading berths

No off-street parking spaces, passenger drop offs, driveways or off-street loading berths are permitted anywhere within an arcade or within 10 feet of any bonusable portion thereof. By certification, the Commission may permit such activity in the immediate vicinity of an arcade provided such activity will not adversely affect the functioning of the arcade. In no event shall such vehicular areas be eligible for an arcade bonus.

(d)Hours of operation

Arcades shall be accessible to the public at all times.

(e)Signage

An information plaque shall be provided that contains a public space symbol and required text that matches the dimensions and graphic standards provided in the Privately Owned Public Space Signage file from the Required Signage Symbols page on the Department of City Planning website. Such symbol and required text shall include the phrase “Open To Public” and shall be provided with a highly contrasting background, in a format that ensures legibility. Additional requirements and review procedures for privately owned public space signage systems are specified in Title 62, Chapter 11, of the Rules of the City of New York.

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