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What is NYC ZR § 64-322?

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This section outlines modifications to the definition of floor area for flood-resistant buildings, allowing certain entryways and ground floor spaces to be excluded from the floor area calculation under specific conditions. The statute aims to facilitate compliance with flood-resistant construction standards. Applies to building owners of flood-resistant structures.

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

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§ 64-322 Special floor area modifications for flood-resistant buildings

ZR § 64-322

For all flood-resistant buildings, the definition of floor area may be modified in accordance with the provisions of this Section.

EntrywaysIn all districts, for buildings other than residential buildings with enclosed entryways below the first story above the flood elevation, up to 100 square feet of such entryways may be excluded from the definition of floor area for each foot of difference between the first story above the flood elevation and the level of the adjoining sidewalk, provided such floor space complies with the flood-resistant construction standards for dry-flood-proofing up to the flood-resistant construction elevation or higher. However, no more than a maximum of 500 square feet may be excluded from the definition of floor area for each entryway.Such exempted floor space shall be considered floor area for the purposes of satisfying other ground floor use regulations of this Resolution, including, but not limited to, limitations on floor area for certain uses, parking wrap and screening requirements, and requirements for floor area at the ground floor.

Flood-proofed ground floors For buildings along primary frontages, or portions thereof, as defined in Section 64-11, floor space located below the first story above the flood elevation and within 30 feet of the street wall along such primary frontage may be excluded from the calculation of floor area, provided that: such floor space complies with the flood-resistant construction standards for dry-flood-proofing up to the flood-resistant construction elevation or higher; the level of the finished floor of such floor space is located no more than two feet above nor two feet below curb level; such floor space shall be limited to non-residential uses other than accessory parking or public parking garages and subject to the minimum depth requirements set forth in Section 37-32 (Ground Floor Depth Requirements for Certain Uses); ground floor level street walls shall be glazed in accordance with the provisions set forth in Section 37-34 (Minimum Transparency Requirements); and for developments, the level of the first story above the flood elevation is 13 feet or more above the level of the adjoining sidewalk. However, such floor space shall be considered floor area for the purposes of satisfying other ground floor use regulations of this Resolution, including, but not limited to, limitations on floor area for certain uses, parking wrap and screening requirements, and requirements for non-residential floor area at the ground floor. In all districts, floor space located below the first story above the flood elevation may be excluded from the calculation of floor area provided such floor space complies with the flood-resistant construction standards for wet-flood-proofing up to the flood-resistant construction elevation or higher.

For buildings along primary frontages, or portions thereof, as defined in Section 64-11, floor space located below the first story above the flood elevation and within 30 feet of the street wall along such primary frontage may be excluded from the calculation of floor area, provided that: such floor space complies with the flood-resistant construction standards for dry-flood-proofing up to the flood-resistant construction elevation or higher; the level of the finished floor of such floor space is located no more than two feet above nor two feet below curb level; such floor space shall be limited to non-residential uses other than accessory parking or public parking garages and subject to the minimum depth requirements set forth in Section 37-32 (Ground Floor Depth Requirements for Certain Uses); ground floor level street walls shall be glazed in accordance with the provisions set forth in Section 37-34 (Minimum Transparency Requirements); and for developments, the level of the first story above the flood elevation is 13 feet or more above the level of the adjoining sidewalk. However, such floor space shall be considered floor area for the purposes of satisfying other ground floor use regulations of this Resolution, including, but not limited to, limitations on floor area for certain uses, parking wrap and screening requirements, and requirements for non-residential floor area at the ground floor.

such floor space complies with the flood-resistant construction standards for dry-flood-proofing up to the flood-resistant construction elevation or higher;

the level of the finished floor of such floor space is located no more than two feet above nor two feet below curb level;

such floor space shall be limited to non-residential uses other than accessory parking or public parking garages and subject to the minimum depth requirements set forth in Section 37-32 (Ground Floor Depth Requirements for Certain Uses);

ground floor level street walls shall be glazed in accordance with the provisions set forth in Section 37-34 (Minimum Transparency Requirements); and

for developments, the level of the first story above the flood elevation is 13 feet or more above the level of the adjoining sidewalk. However, such floor space shall be considered floor area for the purposes of satisfying other ground floor use regulations of this Resolution, including, but not limited to, limitations on floor area for certain uses, parking wrap and screening requirements, and requirements for non-residential floor area at the ground floor.

However, such floor space shall be considered floor area for the purposes of satisfying other ground floor use regulations of this Resolution, including, but not limited to, limitations on floor area for certain uses, parking wrap and screening requirements, and requirements for non-residential floor area at the ground floor.

In all districts, floor space located below the first story above the flood elevation may be excluded from the calculation of floor area provided such floor space complies with the flood-resistant construction standards for wet-flood-proofing up to the flood-resistant construction elevation or higher.

Floor area for existing buildingsFor zoning lots containing buildings existing prior to May 12, 2021, as an alternative to the floor area regulations of this Chapter, the amount of floor area allocated to a basement or cellar in such existing building may be determined in accordance with how those terms were defined prior to May 12, 2021.

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