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What is NYC ZR § 64-222?

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This section outlines the modifications to ground floor level requirements in flood zone areas, including adjustments to use restrictions, transparency requirements, and finished floor levels. It specifies that in certain flood-prone locations, typical ground floor regulations may not apply. Applies to building owners in flood zones with ground floor construction considerations.

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

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§ 64-222 Ground floor use

ZR § 64-222

In all districts, any applicable ground floor level requirements of this Resolution including, but not limited to, the location of such ground floor in relation to the adjoining sidewalk level, restrictions of types of use, the minimum depth for certain uses, maximum width for certain uses, minimum transparency requirement, and parking wrap and screening requirements, may be modified as follows:

In locations of the flood zone where flood-resistant construction standards prohibit dry-flood-proofing, thereby limiting uses other than parking, storage and building access from being located below the flood-resistant construction elevation, such ground floor level requirements need not apply.

In all other locations of the flood zone, all regulations of this Resolution restricting the location of a ground floor in relation to the adjoining sidewalk level need not apply, provided that all other ground floor level regulations shall be applied to the lowest story above grade that is not solely used for parking, storage or building access, and further provided that the finished floor level of such story shall be located either at or below the level of the flood-resistant construction elevation or five feet above curb level, whichever is higher. All associated transparency requirements may be measured from such level of the finished floor instead of the level of the adjoining sidewalk.

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