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What is NYC ZR § 64-50?

Quick Answer

This section establishes streetscape regulations for zoning lots with flood-resistant buildings located within 50 feet of the street line in specific districts. It mandates the provision of streetscape mitigation elements based on the elevation of the first story above flood levels. Applies to building owners of affected properties in Residence, Commercial, and M1 Districts.

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

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§ 64-50 STREETSCAPE REGULATIONS

ZR § 64-50

The provisions of this Section, inclusive, shall apply to zoning lots containing flood-resistant buildings, as set forth in paragraphs (b) and (c) of Section 64-12 (Applicability), that have a street wall within 50 feet of the street line in Residence Districts, Commercial Districts and M1 Districts. However, the provisions shall not apply to such buildings containing uses predominantly listed under Use Groups IV(B), IX(B) or X.

All buildings shall provide streetscape mitigation elements in the categories of access or ground floor level, in order to achieve the total points required in the following table. The total points required varies based upon the level of the first story above the flood elevation, as measured from curb level. The individual mitigation options are set forth in Sections 64-51 (Building Access Mitigation Options) and 64-52 (Ground Floor Level Mitigation Options). Cells marked with an “x” designate mandatory categories to fulfill at least one point out of the total points requirement.

The points awarded for compliance with each individual mitigation are set forth in parentheses after the title to each paragraph describing a mitigation element.

For corner lots, the total points requirement set forth in this Section shall apply separately along each street frontage except where the street wall width along one of the street frontages is 25 feet or less, the requirements need only apply to one frontage.

Where zoning lots are required to provide streetscape elements in accordance with other provisions of this Resolution, such elements may also be utilized towards meeting the requirements of this Section, provided that such elements comply with the applicable standard herein.

In addition, all buildings shall meet the requirements set forth in Section 64-53 (Screening Requirements for Parking Within or Below Buildings) as applicable.

Level of the first story above the flood elevation

Streetscape Mitigation Elements

Total Points Required

Building Access (Section 64-51)

Ground Floor Level (Section 64-52)

Below five feet or no first story above the flood elevation

1

Five feet or above

x

31,2

1 Single- and two-family residences on a zoning lot less than 25 feet wide with a first story above the flood elevation at five feet or above need only satisfy a total of two points instead of the three points set forth in the above table.

2 If the requirements of this Section apply to only a portion of the building with a first story above the flood elevation at five feet or above, and such portion of the building does not have a primary entrance, the total points required shall be two, and they need only be satisfied through the ground floor level category.

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