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What is NYC ZR § 74-851?

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This section establishes a floor area bonus for covered pedestrian spaces in commercial, community facility, or mixed buildings. The bonus allows for an increase in total floor area permitted based on the amount of covered pedestrian space provided, with specific limits and conditions outlined. Applies to developers of commercial and mixed-use buildings.

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§ 74-851 Floor area bonus for covered pedestrian space

ZR § 74-851

For the development or enlargement of a commercial, community facility or mixed building, for each square foot of covered pedestrian space provided on a zoning lot, the total floor area permitted on that zoning lot under the provisions of Section 33-12 (Maximum Floor Area Ratio) or Section 43-132 (Floor area regulations in M1 Districts with an A suffix), as applicable, may be increased as set forth in the following table:

PERMITTED ADDITIONAL FLOOR AREA PER SQUARE FOOT OF COVERED PEDESTRIAN SPACE

District

Basic (in square feet)

Maximum (in square feet)

C5-3 C5-5 C6-6 C6-7 C6-9 C6-11 C6-12

M1-8A M1-9A

11

14

C4-7 C5-2 C5-4 C6-4 C6-5 C6-8

M1-6A M1-7A

8

In no event shall the resulting floor area ratio exceed the amount set forth in the underlying provisions by more than 20 percent. Any floor area bonus earned by providing a covered pedestrian space may be applied to increase the residential floor area of a mixed building.

Any portion of the covered pedestrian space that is within 10 feet of a street line or lot line and that is extended along such street line or lot line on either side of an entrance to it from an adjoining street, arcade, publicly accessible open area, court, yard or other covered pedestrian space, may receive only that floor area bonus accorded to an arcade.

The basic floor area bonus may be increased by providing one or more of the following additional amenities:

An escalator, providing pedestrian access from sidewalk level to any floor level containing uses specified in paragraph (c) of Section 74-852 (Design requirements for covered pedestrian spaces). Such escalator may be either within or directly accessible from the covered pedestrian space. The basic floor area bonus may be increased by 1.5 square feet per square foot of covered pedestrian space for each floor level connected by such escalator. However, the floor area bonus earned for the total covered pedestrian space by providing such escalator shall not exceed the allowable maximum set forth in the table.

Where the height over at least one-third of the covered pedestrian space in one location is increased by more than one story of the building above the required height, the basic floor area bonus for that portion may be increased by 1.5 square feet per square foot of such raised portion for each such story. However, the floor area bonus earned for the total covered pedestrian space by providing such additional height shall not exceed the allowable maximum set forth in the table.

Where direct access from the covered pedestrian space to a subway station mezzanine or concourse is provided and such connection is major, necessary, and kept open to the general public for the same hours as the covered pedestrian space or as specified by the Commission, an additional bonus of two square feet of floor area per square foot of covered pedestrian space may be permitted over the amount specified in the table.

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