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What is NYC ZR § 91-831?

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This section outlines the requirements for ground floor and second floor level enlargements, including specifications for new building walls, their height, and length. It also addresses permitted uses and streetscape regulations applicable to these frontages. Applies to building owners making alterations to ground floor levels.

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

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§ 91-831 Ground floor requirements

ZR § 91-831

The provisions of this Section shall apply to the street wall of the ground floor and second floor level enlargement. For the purposes of this Section, a publicly accessible open area or through block arcade shall be considered a street, and a building wall that faces a publicly accessible open area or through block arcade shall also be considered a street wall. The provisions of this Section for new building walls fronting on a publicly accessible open area shall also apply to new building walls fronting on a through block arcade, except as otherwise specified. The City Planning Commission may authorize a modification of the provisions of this Section pursuant to Section 91-842 (Authorization to modify design requirements).

Location of enlargement Location of new building walls All new building walls shall extend to the full height of the arcade. New building walls may only be located between the column face closest to an existing street wall and the column face furthest from an existing street wall or the street wall location of the floor above, except that new building walls within an existing through block arcade that do not face a street may extend past the column face furthest from the existing street wall provided that the standards for through block arcades set forth in Section 12-10 (DEFINITIONS) and all other provisions of this Section are met. New building walls within an existing through block arcade that do not face a street shall not be required to extend for the full height of the through block arcade. Length of new building wallsAn enlargement shall extend for the full length of the street wall, except for the locations specified on Map 9 in Appendix A of this Chapter and except if a corner arcade that adjoins the Water Street street line and another street line or publicly accessible open area is provided in accordance with the provisions of paragraph (c) of Section 37-53 (Design Standards for Pedestrian Circulation Spaces) which may provide a clear path 10 feet wide. However, an enlargement shall not be required along the length of the street wall occupied by an existing parking or loading entrance. Where an enlargement within an arcade extends along two or more street walls, the enlargement shall also include the area where the arcade areas intersect, except as otherwise provided in this Section, and the location of new building walls in such area shall be subject to the provisions of paragraph (a)(1) of this Section.

Location of new building walls All new building walls shall extend to the full height of the arcade. New building walls may only be located between the column face closest to an existing street wall and the column face furthest from an existing street wall or the street wall location of the floor above, except that new building walls within an existing through block arcade that do not face a street may extend past the column face furthest from the existing street wall provided that the standards for through block arcades set forth in Section 12-10 (DEFINITIONS) and all other provisions of this Section are met. New building walls within an existing through block arcade that do not face a street shall not be required to extend for the full height of the through block arcade.

Length of new building wallsAn enlargement shall extend for the full length of the street wall, except for the locations specified on Map 9 in Appendix A of this Chapter and except if a corner arcade that adjoins the Water Street street line and another street line or publicly accessible open area is provided in accordance with the provisions of paragraph (c) of Section 37-53 (Design Standards for Pedestrian Circulation Spaces) which may provide a clear path 10 feet wide. However, an enlargement shall not be required along the length of the street wall occupied by an existing parking or loading entrance. Where an enlargement within an arcade extends along two or more street walls, the enlargement shall also include the area where the arcade areas intersect, except as otherwise provided in this Section, and the location of new building walls in such area shall be subject to the provisions of paragraph (a)(1) of this Section.

Permitted uses within an enlargement Requirements for all frontages The underlying ground floor level streetscape provisions set forth in Section 32-30 (STREETSCAPE REGULATIONS), inclusive, shall apply, except that ground floor level street frontages subject to the provisions of this Section shall be considered Tier C street frontages. For the purposes of applying such regulations, the minimum qualifying depth shall be the depth set forth in Section 32-301, or the depth of the enlargement, whichever is less. Defined terms in this Section include those in Sections 12-10 and 32-301

Requirements for all frontages The underlying ground floor level streetscape provisions set forth in Section 32-30 (STREETSCAPE REGULATIONS), inclusive, shall apply, except that ground floor level street frontages subject to the provisions of this Section shall be considered Tier C street frontages. For the purposes of applying such regulations, the minimum qualifying depth shall be the depth set forth in Section 32-301, or the depth of the enlargement, whichever is less. Defined terms in this Section include those in Sections 12-10 and 32-301

Number of establishmentsAlong the longest street wall of the ground floor level enlargement, at least two establishments permitted by paragraph (b) of this Section shall be provided on the ground floor level. Frontage that is solely dedicated to access a use on a level other than the ground floor level shall not constitute an establishment for the purposes of this paragraph.

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