In C1 or C2 Districts mapped within R3, R4 or R5 Districts, and in C3 Districts, the provisions of Section 26-20 (SPECIAL REQUIREMENTS FOR LOTS WITH PRIVATE ROADS) shall apply to any zoning lot with buildings accessed by private roads, except where such zoning lot contains private roads constructed prior to February 6, 2002. In addition, the open area between buildings and sidewalks required pursuant to Section 26-25 need not be planted where such open areas front upon commercial uses.

However, in C3A Districts located within lower density growth management areas, the provisions of 26-30 (SPECIAL REQUIREMENTS FOR LOTS WITH PRIVATE ROADS IN LOWER DENSITY GROWTH MANAGEMENT AREAS) shall apply.

In all districts, other than C8 Districts, all energy infrastructure equipment and accessory mechanical equipment located below the rooftop level, other than solar or wind energy systems or equipment with a depth limited to 18 inches from an exterior wall, shall be subject to the following provisions when not located within a completely enclosed building, whether or not such equipment is located within a required open space, yard, or court:

1. all generators and cogeneration equipment utilizing fossil fuels which are accessory to buildings other than single- or two-family residences shall be completely enclosed within a building or other structure, except as necessary for mechanical ventilation;
2. all other types of equipment, including generators and cogeneration equipment serving single- or two-family residences, may be unenclosed, provided that such equipment is located at least five feet from any side or rear lot line and where located between a street wall, or prolongation thereof, and the street line, such equipment is within three feet of a street wall; and
3. where the area bounding all such equipment, as drawn by a rectangle from its outermost perimeter in plan view, exceeds 25 square feet, such equipment shall be screened in its entirety on all sides. Such screening may be opaque or perforated, provided that where perforated materials are provided, not more than 50 percent of the face is open.

In all districts, all energy infrastructure equipment and accessory mechanical equipment located on roofs, other than solar energy systems, shall be subject to the following provisions when not located within a completely enclosed building, whether or not such equipment is penetrating a maximum height limit or a sky exposure plane.

All such equipment shall be screened on all sides. Such screening may be opaque or perforated, provided that where perforated materials are provided, not more than 50 percent of the face is open.
 

The provisions of Section 37-30, inclusive, specify ground floor level requirements for building frontages in certain areas that are not otherwise governed by the provisions of Section 32-30 (STREETSCAPE REGULATIONS). Such provisions apply reference standards for certain streetscape elements that apply in conjunction with specific requirements in certain areas by underlying district regulations, special geographies, or in accordance with a Special Purpose District.

However, the ground floor depth requirements for certain uses and minimum transparency requirements of Sections 37-32 and 37-34, respectively, shall not apply to:

1. zoning lots in Commercial Districts with a lot width of less than 20 feet, as measured along the street line, provided such zoning lots existed on March 22, 2016, and on the date of application for a building permit; or
2. any community facility building used exclusively for either a school, or a house of worship, listed under Use Group III(B).

The minimum depth for required ground floor non-residential uses, as applicable, shall be as set forth in this Section, except as set forth in Section 37-31 (Applicability).

Required ground floor level non-residential uses along a designated frontage shall extend to the minimum qualifying depth.

The maximum width of lobbies, entrances and exits to off-street parking facilities, and entryways to mass transit stations, are set forth in this Section.

1. Ground floor lobbies 
   
   The maximum length of lobbies accessing uses not permitted on the ground floor level, shall be limited to a maximum street wall length, in total, of 25 percent of the street wall width of the building along the designated frontage, or 25 linear feet of street wall along such street frontage, whichever is less. The minimum width of such lobbies need not be less than 10 feet.
   
   However, C4 through C7 Districts where the floor area ratio for commercial uses is greater than or equal to 10.0, the maximum lobby length shall be modified such that the maximum street wall length, in total, shall not exceed 25 percent of the street wall width of the building along the designated frontage, or 50 linear feet of street wall along such street frontage, whichever is less. The minimum width of such lobbies need not be less than 20 feet.
2. Entrances and exits to parking facilities
   
   Entrances and exits to off-street parking facilities, where permitted on the ground floor level, or portion thereof, shall be permitted subject to any applicable curb cut regulations of this Resolution.
3. Entryways to mass transit stations
   
   Entrances and exits to mass transit stations, as defined in Section 66-11, may be provided on the ground floor level of a building without restriction in street wall width.

The ground floor level street wall along a primary frontage shall be glazed with transparent materials which may include show windows, transom windows or glazed portions of doors, except as set forth in Section 37-31 (Applicability).

Such transparent materials shall occupy at least 50 percent of the surface area of such ground floor level street wall between a height of two feet and 12 feet, or the height of the ground floor ceiling, whichever is higher, as measured from the adjoining sidewalk. Transparent materials provided to satisfy such 50 percent requirement shall not begin higher than 2 feet, 6 inches, above the level of the adjoining sidewalk, with the exception of transom windows, or portions of windows separated by mullions or other structural dividers, and shall have a minimum width of two feet. The maximum width of a portion of the ground floor level street wall without transparency shall not exceed 10 feet.

However, such transparency requirements shall not apply to portions of the ground floor level occupied by entrances or exits to accessory off-street parking facilities and public parking garages, where permitted, entryways to required loading berths, where permitted, entryways to subway stations, as applicable, or doors accessing emergency egress stairwells and passageways.

All accessory off-street parking spaces on the ground floor level of a building shall be wrapped by floor area in accordance with paragraph (a) or, where applicable, screened in accordance with applicable provisions of paragraph (b) of this Section. 

1. Along primary frontages
   
   For ground floor levels, or portions thereof, fronting along a primary frontage, any portion of an accessory off-street parking facility that is located above curb level, except for permitted entrances and exits, shall be located behind permitted commercial, community facility or residential floor area so that no portion of such facility is visible from adjacent public sidewalks or publicly accessible areas. Such floor area shall extend to the minimum qualifying depth.
2. Along secondary frontages
   
   For ground floor levels, or portions thereof, fronting along a secondary frontage, off-street parking facilities, or portions thereof, may either be wrapped by floor area in accordance with paragraph (a) of this Section, or shall be subject to the following design requirements:
   1. any non-horizontal parking deck structures shall not be visible from the exterior of the building in elevation view;
   2. opaque materials shall be located on the exterior building wall between the bottom of the floor of each parking deck and no less than three feet above such deck; and
   3. a total of at least 50 percent of such exterior building wall, or portion thereof, with adjacent parking spaces shall consist of opaque materials which may include permitted signs, subject to the provisions of Section 32-60 (SIGN REGULATIONS), murals or other visual artwork, decorative screening or latticework, or living plant material.

Where visual mitigation elements are required on a blank wall along the ground floor level street wall in accordance with other streetscape provisions in this Resolution, such blank wall shall be covered by one or more of the following mitigation elements set forth in this Section.

In addition to the standards set forth in the current station planning guidelines as issued by New York City Transit, the following standards shall also apply:

(a)        Location

The relocated or renovated entrance shall be immediately adjacent to, and accessible without any obstruction from, a public sidewalk or pedestrian circulation space as defined in Section 37-50. Any such pedestrian circulation space shall have a minimum horizontal dimension equal to the width of the relocated stairs or the minimum width of the pedestrian circulation space, whichever is greater.

The relocated or renovated entrance may be provided within a building but shall not be enclosed by any doors. The area occupied by a relocated or renovated entrance within a building shall not be counted toward the floor area of the enlargement or development.

(b)        Design standards

The relocated or renovated entrance shall have a stair width of at least eight feet for each run.

Where two or more existing stairway entrances are being relocated or renovated as part of the same development or enlargement, the new entrance or entrances shall have total stair widths equal to or greater than the sum of the stair widths of those existing stairway entrances, but in no case may any stair be less than eight feet in width.

The relocated entrance may be relocated within a public plaza, provided that the minimum width of each stair is 10 feet and the queuing area of the relocated entrance is unobstructed and contiguous to a sidewalk or a sidewalk widening. A relocated entrance within a public plaza is a permitted obstruction, but shall not be subject to the percentage limit on permitted obstructions for a public plaza.

For a relocated entrance only, the entrance shall have a queuing space at the top and bottom of the stairs that is at least eight feet wide and 15 feet long. Such queuing space may overlap with a public plaza or an arcade in accordance with the provisions of Sections 37-53 (Design Standards for Pedestrian Circulation Spaces) or 37-80 (ARCADES).

No stairway shall have more than 14 risers without a landing, and each landing shall have a minimum width equal to the width of the stairs, and a minimum length of five feet.

Throughout the entire stairway entrance, including passageways, the minimum clear, unobstructed height shall be at least 7 feet, 6 inches from finished floor to finished ceiling, including all lighting fixtures and signs.

The entire entrance area, including passageways, shall be free of obstructions of any kind, except for projecting information signage.

The relocated entrance shall connect to an existing or proposed subway passageway, or shall connect, via an underground passageway, to a mezzanine area of the subway station.

The below-grade portion of a relocated entrance may be constructed within the street.

(c)        Hours of public accessibility

The relocated or renovated entrance shall be accessible to the public during the hours when the connected mezzanine area is open to the public or as otherwise approved by New York City Transit.

For any development or enlargement that is subject to the requirements for the relocation of a subway stair entrance or counts a renovated subway stair as pedestrian circulation space in accordance with the provisions of Section 37-50 (REQUIREMENTS FOR PEDESTRIAN CIRCULATION SPACE), inclusive, no plan shall be approved by the Department of Buildings and no excavation permit or building permit shall be issued, unless the following criteria are met:

(a)        for a relocated entrance, such plan includes a stair relocation plan and related documents that require:

(1)        construction of the new stair entrance in accordance with such plan;

(2)        demolition of above-ground elements of the existing entrance;

(3)        sealing of the existing entrance at the sidewalk level; and

(4)        maintenance of the work performed on the relocated or renovated entrance; or

(b)        for a renovated entrance, such plan includes a renovation plan and related documents that require:

(1)        renovation of the entrance in accordance with such plan; and

(2)        maintenance of the work performed on the renovated entrance; and

(c)        such plan and related documents bear New York City Transit’s approval; and

(d)        such plan is accompanied by a certified copy of an agreement, as recorded between New York City Transit and the owner for an easement on the zoning lot for subway-related use of the new stair entrance and for public access via such entrance to the subway station, which agreement has been recorded against the zoning lot in the Office of the Register of the City of New York and is accompanied by the Register's receipt of recordation; and

(e)        no permanent certificate of occupancy shall be issued for the building either altered or developed, as set forth in Section 37-40, or enlarged, that is subject to the subway stair relocation requirement or is counting a renovated subway stair as pedestrian circulation space in accordance with the provisions of Section 37-50, inclusive, unless and until all of the work required under paragraph (a) or (b) of this Section has been completed and New York City Transit has so certified in writing to the Department of Buildings.

The Chairperson of the City Planning Commission may, by certification to the Commissioner of Buildings, allow modifications of the requirements of Sections 32-351 (Ground floor use in high-density areas) and 37-41 (Standards for Location, Design and Hours of Public Accessibility) or 37-70 (PUBLIC PLAZAS) if the relocated subway stair cannot be accommodated without modification to these provisions.

The provisions of Section 37-40 (OFF-STREET RELOCATION OR RENOVATION OF A SUBWAY STAIR) may be waived by joint certification of New York City Transit and the Chairperson of the City Planning Commission that major construction problems or operating design considerations render the stair relocation infeasible. In such event, the stair relocation requirement may be satisfied by retention of the existing stair and the provision on the zoning lot of an open area, qualifying under the provisions of Section 37-50 (REQUIREMENTS FOR PEDESTRIAN CIRCULATION SPACE), that accommodates pedestrian traffic passing the existing stair entrance.

The minimum amount of pedestrian circulation space to be provided for developments or enlargements shall be determined by the following table:

MINIMUM PEDESTRIAN CIRCULATION SPACE REQUIREMENTS

The pedestrian circulation space provided shall be of one or more of the following types: an arcade, building entrance recess area, corner arcade, corner circulation space, relocation or renovation of a subway stair, sidewalk widening, transit volumes and improvements to mass transit stations, through block connection or public plaza. For the purposes of this Section, defined terms additionally include those in Section 66-11 (Definitions).

Each zoning lot shall be categorized as either a corner lot, through lot or interior lot, and pedestrian circulation space shall be provided on each zoning lot in at least one of the applicable types, or combinations of types, specified in the following table:

PROVISION OF PEDESTRIAN CIRCULATION SPACE  ON CERTAIN TYPES OF LOTS

Minimum design standards for each type of pedestrian circulation space and, where applicable, the maximum amount of each type of pedestrian circulation space that may be counted toward meeting the requirements of Section 37-51 (Amount of Pedestrian Circulation Space) are set forth in Section 37-53 (Design Standards for Pedestrian Circulation Spaces).

(a)        Arcade

Arcades shall not be subject to the provisions of Sections 12-10 (DEFINITIONS) and 37-80 (ARCADES). In lieu thereof, the provisions of this Section shall apply.

An arcade is a continuous covered space that adjoins and extends along a front lot line, is at the same elevation as the adjoining sidewalk, is open for its entire length to the sidewalk except for columns and is accessible to the public at all times. An arcade shall be provided on the wide street frontage of a zoning lot of a development or enlargement where the zoning lot lies directly adjacent to an existing arcade on a wide street, except where an existing building without an arcade extends along a portion of the wide street front lot line of the zoning lot containing the development or enlargement. Where an arcade abuts another arcade, there shall be a clear, unobstructed passage between both arcades.

An arcade shall meet the following requirements:

(1)        Dimensions

An arcade with columns shall have a minimum clear width of 10 feet, exclusive of all columns, and a maximum width of 15 feet, inclusive of columns. No column width shall be greater than five feet. Columns shall be spaced along the street with a minimum clear width between columns of 15 feet. An arcade shall have a clear height of not less than 12 feet and not more than 30 feet.

(i)        On an interior lot or a through lot fronting on a narrow street, an arcade without columns is permitted only if:

(a)        it has a continuous, unobstructed minimum length of 100 feet or, with the exception of the width of driveways for the required loading berths located at the side lot line of the zoning lot, is unobstructed for the full length of the frontage of the development, whichever is greater; and

(b)        the entire front lot line shall be unobstructed for the same depth of the arcade, except for that portion of the front lot line occupied by an existing building.

(ii)        On an interior lot or a through lot fronting on a narrow street, an arcade with columns is permitted only if it connects directly to an existing arcade on an adjacent zoning lot, matching it in width and alignment, and has a continuous, unobstructed minimum length beyond the existing adjacent arcade of at least 100 feet or, with the exception of the width of driveways for the required loading berths located at the side lot line of the zoning lot, is unobstructed for the full length of the frontage of the development, whichever is greater.

(iii)        On a corner lot fronting on a narrow street, an arcade is permitted only if it extends for the full length of the street frontage, with the exception of a driveway for a required loading berth located at the side lot line of the zoning lot, or if the arcade provides unobstructed pedestrian flow along such entire frontage in combination with one or more of the following other spaces with which it connects at one or both ends: a corner arcade, a publicly accessible open area, an off-street rail mass transit access improvement, an intersecting sidewalk widening, an intersecting street, a relocated or renovated subway entrance, a through block connection or a through block galleria.

(iv)        On a wide street, an arcade shall be permitted, provided that:

(a)        the arcade extends along the full length of the street line between intersecting streets; or

(b)        in the case of an arcade that occupies less than the entire street frontage between intersecting streets, on a full block front zoning lot, unobstructed pedestrian flow along the entire frontage is provided on the zoning lot by the arcade in combination with one or more of the following open spaces with which the arcade connects at one or both ends: a corner circulation space, a publicly accessible open area or an intersecting sidewalk widening; or

(c)        in the case of an arcade whose zoning lot occupies less than the entire street frontage between intersecting streets, the arcade connects with an existing arcade of matching width and alignment, a publicly accessible open area on an adjacent zoning lot, so that unobstructed pedestrian flow along the entire block front is provided by the arcade in combination with such existing spaces.

(2)        Full block front arcade

When a zoning lot occupies a full block front, both ends of the arcade on that street frontage shall be open and accessible directly from the sidewalk of the intersecting street or any other qualifying pedestrian circulation space.

(3)        Permitted obstructions

Except for building columns, and qualifying exterior wall thickness pursuant to Section 33-23 (Permitted Obstructions in Required Yards or Rear Yard Equivalents), an arcade shall be free from obstructions of any kind.

(4)        Specific prohibitions

No vehicular driveways, except as permitted under paragraph (a)(1) (Dimensions) of this Section, parking spaces, passenger drop-offs, loading berths or trash storage facilities are permitted within an arcade, nor shall such facilities be permitted immediately adjacent to an arcade.

(5)        Illumination

All existing and new arcades shall maintain a minimum level of illumination of not less than five horizontal foot candles between sunset and sunrise.

(b)        Building entrance recess area

A building entrance recess area is a space that adjoins and is open to a sidewalk or sidewalk widening for its entire length and provides unobstructed access to the building's lobby entrance or to the entrance to a ground floor use.

A building entrance recess area shall meet the following requirements:

(1)        Dimensions

A building entrance recess area shall have a minimum length of 15 feet and a maximum length of 50 feet measured parallel to the street line at a building’s lobby entrance and a maximum length of 30 feet parallel to the street line at a ground floor use entrance. It shall have a maximum depth of 15 feet measured from the street line and shall have a minimum depth of 10 feet measured from the street line.

(2)        Permitted obstructions

Any portion of a building entrance recess area under an overhanging portion of the building shall have a minimum clear height of 15 feet. It shall be free of obstructions except for qualifying exterior wall thickness pursuant to Section 33-23, and building columns, between any two of which there shall be a clear space of at least 15 feet measured parallel to the street line. Between a building column and a wall of the building, there shall be a clear path at least five feet in width.

(3)        Permitted overlap

A building entrance recess area may overlap with an arcade, a corner arcade, a corner circulation space or a sidewalk widening, and may adjoin or overlap and connect directly without obstruction to another building entrance recess area except that, on any one street frontage, each lobby or ground floor use shall connect to only one building entrance recess area.

(c)        Corner arcade

A corner arcade shall not be subject to the provisions of Sections 12-10 (DEFINITIONS) and 37-80 (ARCADES). In lieu thereof, a corner arcade shall be a small covered space adjoining the intersection of two streets at the same elevation as the adjoining sidewalk or sidewalk widening and directly accessible to the public at all times.

A corner arcade shall meet the following requirements:

(1)        Dimensions

(i)        a corner arcade shall have a minimum area of 200 square feet, a minimum depth of 15 feet measured along a line bisecting the angle of intersecting street lines, and shall extend along both street lines for at least 15 feet but not more than 40 feet from the intersection of the two street lines; and

(ii)        the height of a corner arcade shall be not less than 12 feet and a clear path at least 12 feet wide shall be provided from one street line to another street line.

(2)        Permitted obstructions

Except for building columns, and qualifying exterior wall thickness pursuant to Section 33-23, a corner arcade shall be free from obstructions of any kind.

(3)        Specific prohibitions

The specific prohibitions pertaining to an arcade as described in paragraph (a)(4) of this Section shall also be applicable to a corner arcade.

(4)        Permitted overlap

A corner arcade may overlap with an arcade; however, the area of overlap may only be counted once toward the fulfillment of the required minimum area of pedestrian circulation space.

(d)        Corner circulation space

A corner circulation space is a small open space on a zoning lot, adjoining the intersection of two streets, at the same elevation as the adjoining sidewalk or sidewalk widening and directly accessible to the public at all times.

A corner circulation space shall meet the following requirements:

(1)        Dimensions

A corner circulation space shall have the same minimum dimensions as a corner arcade, as described in paragraph (c)(1) of this Section.

(2)        Permitted obstructions

A corner circulation space shall be completely open to the sky from its lowest level, except for temporary elements of weather protection, such as awnings or canopies, provided that the total area of such elements does not exceed 20 percent of the area of the corner circulation space and that such elements and any attachments thereto are at least eight feet above curb level. A corner circulation space shall be clear of all other obstructions including, without limitation, door swings, building columns, street trees, planters, vehicle storage, parking or trash storage. However, qualifying exterior wall thickness may be added pursuant to Section 33-23. No gratings, except for drainage, shall be permitted.

(3)        Building entrances

Entrances to ground level uses are permitted from a corner circulation space.

An entrance to a building lobby is permitted from a corner circulation space, provided that the entrance is at no point within 20 feet of the intersection of the two street lines that bound the corner circulation space.

(4)        Permitted overlap

A corner circulation space may overlap with a sidewalk widening.

(e)        Relocation or renovation of a subway stair

When a development or enlargement is constructed on a zoning lot containing a relocated stairway entrance or entrances to a subway, or an existing stairway entrance or entrances to a subway, and such entrance or entrances are relocated or renovated in accordance with the provisions of Section 37-40 (OFF-STREET RELOCATION OR RENOVATION OF A SUBWAY STAIR), inclusive, one and one-half times the area, measured at street level, of such entrance or entrances may count toward meeting the pedestrian circulation space requirement.

(f)        Sidewalk widening

A sidewalk widening is a continuous, paved, open area along the front lot line of a zoning lot at the same elevation as the adjoining sidewalk and directly accessible to the public at all times. A sidewalk widening shall be provided on the wide street frontage of a zoning lot of a development or enlargement where all existing buildings on the same block frontage, whether on the same or another zoning lot, provide sidewalk widenings.

A sidewalk widening shall meet the following requirements:

(1)        Dimensions

A sidewalk widening shall have a width of no less than five feet nor more than 10 feet measured perpendicular to the street line, and shall be contiguous along its entire length to a sidewalk.

A sidewalk widening shall extend along the full length of the front lot line except for the portion of the front lot line interrupted by an existing building which is located at a side lot line or, in the case of a full block frontage, located at the intersection of two streets.

A required sidewalk widening on a wide street shall connect directly to any existing adjoining sidewalk widening and shall extend the entire length of the front lot line.

The width of such a required sidewalk widening shall equal that of the existing adjoining sidewalk widening. If there is more than one such existing sidewalk widening, the width of such a required sidewalk widening shall equal that of the existing sidewalk widening that is longest.

A sidewalk widening is permitted on a wide street when not adjacent to an existing sidewalk widening only if either the sidewalk widening extends along the street line of the wide street for the full length of the block front, or the zoning lot is a corner lot and the sidewalk widening extends along the full length of the street line of the wide street to its intersection with the street line of the other street on which the zoning lot fronts.

Except for the permitted interruptions, as set forth in paragraph (f)(2) of this Section, a sidewalk widening is permitted on a narrow street only if it has a length of at least 100 feet.

(2)        Permitted interruptions

Interruptions of the continuity of a qualifying sidewalk widening shall be permitted only under the following conditions:

(i)        by an arcade that has a width equal to or greater than the width of the sidewalk widening and which is directly connected to the sidewalk widening;

(ii)        if overlapped by a corner circulation space or a building entrance recess area that permits uninterrupted pedestrian flow;

(iii)        if overlapped by a public plaza, provided that the overlapping portion of such public plaza conforms to the design standard of a sidewalk widening;

(iv)        by an off-street subway entrance, provided such an entrance is located at a side lot line or is located at the intersection of two street lines;

(v)        if overlapped by the queuing space of a relocated or renovated subway entrance, provided that the queuing space for the entrance leaves at least a five foot uninterrupted width of sidewalk widening along the entire length of the queuing space; or

(vi)        by a driveway that is located at a side lot line; however, where the zoning lot has a through block connection, a through block galleria or a through block public plaza at such a side lot line, the location of its driveway is not restricted. The area occupied by the driveway, up to the width of the sidewalk widening, may be counted toward meeting the pedestrian circulation space requirement, provided that there shall be no change of grade within the area of the sidewalk widening.

(3)        Permitted obstructions

A sidewalk widening shall be unobstructed from its lowest level to the sky except for those obstructions permitted under paragraph (f)(2) of this Section, for qualifying exterior wall thickness pursuant to Section 33-23, and for temporary elements of weather protection, such as awnings or canopies, provided that the total area of such elements, measured on the plan, does not exceed 20 percent of the sidewalk widening area, and that such elements and any attachments thereto are at least eight feet above curb level.

(4)        Specific prohibitions

No street trees are permitted on a sidewalk widening. No vehicle storage, parking or storage of trash is permitted on a sidewalk widening. Gratings may not occupy more than 50 percent of the sidewalk widening area nor be wider than one half the width of the sidewalk widening.

(5)        Special design treatment

When one end of the sidewalk widening abuts an existing building on the zoning lot or an existing building on the side lot line of the adjacent zoning lot, design treatment of the termination of the sidewalk widening is required to smooth pedestrian flow. The portion of the sidewalk widening subject to design treatment, hereinafter called the transition area, shall not extend more than 10 feet nor less than five feet along the sidewalk widening from its termination.

The transition area shall receive special design treatment which may include, but is not limited to, landscaping, sculpture or building transparency. The transition area shall be designed to effect a gradual change of the sidewalk widening width to match the street wall line of the existing building at the sidewalk widening’s termination. This may be accomplished by a curved or diagonal edge of paving along a landscaped bed, the use of stepped edges of the building or other architectural treatment of the building or paving which avoids an abrupt visual termination of the sidewalk widening. Such special design treatment may be considered a permitted obstruction.

(g)        Transit volumes and improvements to mass transit stations

Where transit volumes or improvements to mass transit stations are provided pursuant to the provisions of Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), each square foot of mass transit access may constitute one square foot of required pedestrian circulation space, not to exceed 3,000 square feet. For the purposes of this paragraph, defined terms include those in Section 66-11 (Definitions).

(h)        Through block connection

A through block connection is a paved, open or enclosed space providing unobstructed access to the building's main lobby and connecting, in a straight, continuous, unobstructed path, two parallel or nearly parallel streets.

Up to a maximum of 3,000 square feet of a through block connection may count toward the minimum pedestrian circulation space requirement.

A through block connection shall meet the following requirements:

(1)        Location

(i)        A through block connection shall be located at least 150 feet from the intersection of two streets.

(ii)        Where the zoning lot or a portion thereof is directly across a street from, and opposite to, an existing through block connection on an adjacent block and the existing connection is at least 150 feet from the intersection of two streets, the alignment of the new through block connection shall overlap with that of the existing connection. Such existing connection may also be a through block galleria, through block public plaza or any through block circulation area with a minimum width of 12 feet, which is located within a building.

(iii)        Where there are already two through block connections located on the same block, a new through block connection shall not count toward meeting the pedestrian circulation space requirement.

(iv)        No through block connection shall be permitted on any portion of a zoning lot occupied by a landmark or interior landmark so designated by the Landmarks Preservation Commission, or occupied by a building whose designation as a landmark or interior landmark has been calendared for public hearing and is pending before the Landmarks Preservation Commission.

(2)        Design standards for a through block connection

(i)        A through block connection shall provide a straight, continuous, unobstructed path at least 15 feet wide. If covered, the clear, unobstructed height of a through block connection shall not be less than 15 feet. Qualifying exterior wall thickness, as set forth in Section 33-23, shall be a permitted obstruction to such path.

(ii)        At no point shall the level of a through block connection be more than five feet above or below curb level. In all cases, the through block connection must provide a clear path, accessible to people with disabilities, through its entire length.

(iii)        A through block connection may be located inside or outside of a building. The area of a through block connection located within a building shall be counted as floor area.

(iv)        A through block connection located partially or wholly within a building shall adjoin and connect directly to the building's main lobby via unobstructed openings with an aggregate width exceeding that of any other entrances to the lobby.

(v)        A through block connection located wholly or partially outside a building shall provide unobstructed access directly to the building's main lobby through the major entrance. For the purposes of this Section, the major entrance shall be that entrance to the main lobby which has the greatest aggregate width of clear openings for access.

(vi)        Any portion of a through block connection located outside a building shall be illuminated throughout with a minimum level of illumination of not less than five horizontal foot candles (lumens per candle). Such illumination shall be maintained throughout the hours of darkness.

(vii)        A through block connection shall at a minimum be accessible to the public from 8:00 a.m. to 7:00 p.m. on the days the building is open for business and shall have posted, in prominent, visible locations at its entrances, signs meeting the standards set forth in paragraph (h)(2)(viii) of this Section.

(viii)        A through block connection shall provide the following information for public access at each public entry to the through block connection:

(a)        For an unenclosed through block connection, the public access information shall be an entry plaque located at the entrance to the through block connection at each street frontage. The entry plaque shall contain:

(1)        a public space symbol and required text that matches the dimensions and graphic standards provided in the Privately Owned Public Space Signage file from the Required Signage Symbols page on the Department of City Planning website. Such symbol and required text shall include the phrase “Open To Public” and shall be provided with a highly contrasting background, in a format that ensures legibility. Additional requirements and review procedures for privately owned public space signage systems are specified in Title 62, Chapter 11, of the Rules of the City of New York; and

(2)        an international Symbol of Access for people with disabilities that is at least three inches square.

The entry plaque shall be mounted with its center five feet above the elevation of the nearest walkable pavement on a wall or a permanent freestanding post. It shall be placed so that the entire entry plaque is obvious and directly visible without any obstruction, along every line of sight from all paths of pedestrian access to the through block connection, in a position that clearly identifies the entry to the connection.

(b)        For an enclosed through block connection or a portion thereof:

(1)        a public space symbol and required text as described in paragraph (h)(2)(viii)(a) of this Section, shall be mounted with its center five feet above the elevation of the nearest walkable pavement;

(2)        lettering stating "PUBLIC ACCESS TO ____ STREET," indicating the opposite street to which the through block connection passes and which lettering shall not be less than three inches in height and located not more than three inches away from the public space symbol and required text; and

(3)        lettering not more than two inches or less than one and a half inches in height stating "Open" with the hours and days of operation of the through block connection. This lettering shall be located not more than three inches from the public space symbol and required text.

The above required information shall be permanently affixed on the glass panel of the entry doors of the through block connection clearly facing the direction of pedestrian flow. The information shall be located not higher than six feet or lower than three feet above the level of the pedestrian path at the entry.

(i)        Public plaza

A maximum of 30 percent of the area of a public plaza that faces a street intersection, or provides access to a major building entrance, may be counted toward meeting the pedestrian circulation space requirement.

A maximum of 3,000 square feet of a through block public plaza may be counted toward meeting the pedestrian circulation space requirement.

For all other public plazas, the first 10 feet of depth from the street line may be counted toward meeting the pedestrian circulation space requirement, provided that the public plaza conforms to the design standards of a sidewalk widening as set forth in paragraph (f) of this Section.

All public plazas shall comply with Section 37-70 (PUBLIC PLAZAS), inclusive.

Any area of permitted overlap between pedestrian circulation spaces or other amenities shall be counted only once toward meeting the required amount of pedestrian circulation space. Unobstructed access shall be provided between overlapping spaces.

The City Planning Commission may authorize a modification of any required minimum amount of pedestrian circulation space to be provided on wide street frontages and design standards, as indicated, for the following required pedestrian circulation spaces, to be provided within or under an existing building to remain on a zoning lot:

(a)        Arcade: minimum width, minimum height, obstructions, minimum clear width between obstructions, minimum length, column sizes

(b)        Building entrance recess area: minimum length, minimum depth from street line, minimum height, obstructions, clear space between obstructions and clear space between obstructions and building wall

(c)        Corner arcade or corner circulation space: minimum depth, minimum width of clear path, minimum height, obstructions

(d)        Through block connection: minimum width of unobstructed path, minimum height, through block level.

The Commission may authorize a modification of design standards for pedestrian circulation spaces when the following findings are met:

(1)        a modification is needed because of the inherent constraints of the existing building;

(2)        the modification is limited to the minimum needed because of the inherent constraints of the existing building; and

(3)        the pedestrian circulation space as modified shall be equal in area, and substantially equivalent, to the required space in terms of quality, effectiveness and suitability for public use.

Design standards for plazas, residential plazas and urban plazas developed prior to October 17, 2007, are located in APPENDIX E of this Resolution.

Notwithstanding the foregoing, the applicable provisions of APPENDIX E shall be superseded as follows:

(a)        all plazas, residential plazas and urban plazas shall provide an information plaque that contains a public space symbol and required text that matches the dimensions and graphic standards provided in the Privately Owned Public Space Signage file from the Required Signage Symbols page on the Department of City Planning website. Such symbol and required text shall include the phrase “Open To Public” and shall be provided with a highly contrasting background, in a format that ensures legibility. Additional requirements and review procedures for privately owned public space signage systems are specified in Title 62, Chapter 11, of the Rules of the City of New York;

(b)        the introduction of moveable tables and chairs pursuant to Section 37-626 (Moveable tables and chairs) shall be permitted within plazas, and shall not constitute a design change pursuant to Section 37-625 (Design changes).

Kiosks and open air cafes may be placed within a publicly accessible open area upon certification, pursuant to this Section. Such features shall be treated as permitted obstructions. Only uses permitted by the applicable district regulations may occupy publicly accessible open areas or front on publicly accessible open areas.

(a)        Kiosks

Where a kiosk is provided, it shall be a one-story temporary or permanent structure that is substantially open and transparent as approved by the Department of Buildings in conformance with the Building Code. Kiosks, including roofed areas, shall not occupy an area in excess of 100 square feet per kiosk. One kiosk is permitted for every 5,000 square feet of publicly accessible open area, exclusive of areas occupied by other approved kiosks or open air cafes. Kiosk placement shall not impede or be located within any pedestrian circulation path. Any area occupied by a kiosk shall be excluded from the calculation of floor area. Kiosks may be occupied only by uses permitted by the applicable district regulations such as news, book or magazine stands, food or drink service, flower stands, information booths, or other activities that promote the public use and enjoyment of the publicly accessible open area. Any kitchen equipment shall be stored entirely within the kiosk.

Kiosks must be in operation and provide service a minimum of 225 days per year. However, kiosks may operate for fewer days in accordance with conditions set forth in paragraph (c) of this Section.

Notwithstanding the provisions of Section 32-41 (Enclosure Within Buildings), outdoor eating services or uses occupying kiosks may serve customers in a publicly accessible open area through open windows.

(b)        Open air cafes

Where an open air cafe is provided, it shall be a permanently unenclosed restaurant or eating or drinking place, permitted by applicable district regulations, which may have waiter or table service, and shall be open to the sky except that it may have umbrellas, temporary fabric roofs with no vertical supports in conformance with the Building Code, and removable heating lamps. Open air cafes shall occupy an aggregate area not more than 20 percent of the total area of the publicly accessible open area. Publicly accessible open areas less than 10 feet in width that are located between separate sections of the same open air cafe or between sections of an open air cafe and a kiosk that provides service for such cafe must be included in the calculation of the maximum aggregate area of the open air cafe. Open air cafes shall be located along the edge of the publicly accessible open area, except for open air cafes located within publicly accessible open areas greater than 30,000 square feet in area. Open air cafes may not occupy more than one third of any street frontage of the publicly accessible open area and may not contain any required circulation paths. An open air cafe must be accessible from all sides where there is a boundary with the remainder of the publicly accessible open area, except where there are planters or walls approved pursuant to a prior certification for an open air cafe. Subject to the foregoing exception, fences, planters, walls, fabric dividers or other barriers that separate open air cafe areas from the publicly accessible open area or sidewalk are prohibited. All furnishings of an open air cafe, including tables, chairs, bussing stations, and heating lamps, shall be completely removed from the publicly accessible open area when the open air cafe is not in active use, except that tables and chairs may remain in the publicly accessible open area if they are unsecured and may be used by the public without restriction. No kitchen equipment shall be installed within an open air cafe; kitchen equipment, however, may be contained in a kiosk adjoining an open air cafe. An open air cafe qualifying as a permitted obstruction shall be excluded from the definition of floor area.

The exterior corners of the border of the space to be occupied by an open air cafe shall be marked on the ground by a line painted with white latex traffic or zone marking paint. The line shall be one inch wide and three inches in length on each side of the cafe border from the point where the borders intersect at an angled corner. In addition, a line one inch wide and three inches long shall be marked on the ground at intervals of no more than five feet starting from the end point of the line marking the cafe corners.

Open air cafes must be in operation and provide service a minimum of 225 days per year.

Open air cafes shall be located at the same elevation as an adjoining public plaza and sidewalk area, except for platforms that shall not exceed six inches in height.

(c)        Certification

Kiosks and open air cafes may be placed within the area of a publicly accessible open area upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings, that:

(1)        such use promotes public use and enjoyment of the publicly accessible open area;

(2)        such use complements desirable uses in the surrounding area;

(3)        the owner of such use or the building owner shall be responsible for the maintenance of such kiosk or open air cafe, which shall be located within areas designated on building plans as available for occupancy by such uses and no encroachment by a kiosk or open air cafe outside an area so designated shall be permitted;

(4)        such use does not adversely impact visual and physical access to and throughout the publicly accessible open area;

(5)        such use, when located within a public plaza, is provided in accordance with all the requirements set forth in this Section;

(6)        for kiosks and open air cafes located within an existing publicly accessible open area, such use is proposed as part of a general improvement of the publicly accessible open area where necessary, including as much landscaping and public seating as is feasible, in accordance with the standards for public plazas;

(7)        a sign shall be provided in public view within the cafe area indicating the days and hours of operation of such cafe; and

(8)        for kiosks that are in operation less than 225 days per year, an off-season plan has been submitted to the Chairperson showing that such kiosks will be completely removed from the publicly accessible open area when not in operation, that the area previously occupied by the kiosk is returned to public use and such area is in compliance with the applicable publicly accessible open area design standards.

(d)        Process

An application for certification shall be filed with the Chairperson of the City Planning Commission, and the Chairperson shall furnish a copy of the application for such certification to the affected Community Board at the earliest possible stage. The Chairperson will give due consideration to the Community Board’s opinion as to the appropriateness of such a facility in the area and shall respond to such application for certification within 60 days of the application's receipt.

The Chairperson shall file any such certification with the City Council. The Council, within 20 days of such filing, may resolve by majority vote to review such certification. If the Council so resolves, within 50 days of the filing of the Chairperson's certification, the Council shall hold a public hearing and may approve or disapprove such certification. If, within the time periods provided for in this Section, the Council fails to act on the Chairperson's certification, the Council shall be deemed to have approved such certification.

Such certification shall be effective for a period of three years.

All applications for the placement of kiosks or open air cafes shall include a detailed site plan or plans indicating compliance with the provisions of this Section, including the layout and number of tables, chairs, restaurant equipment and heating lamps, as well as the storage location for periods when the kiosk or open air cafe is closed. Where a kiosk or open air cafe is to be located within an existing publicly accessible open area, each kiosk or open air cafe application must be accompanied by a compliance report in accordance with the requirements of Section 37-78, paragraph (c).

Where design changes to publicly accessible open areas are necessary in order to accommodate such kiosk or open air cafe, or to comply with paragraph (c)(6) of this Section, a certification pursuant to Section 37-625 (Design changes) shall be required, except that within the Special Lower Manhattan District, design changes to a publicly accessible open area pursuant to the provisions of Section 91-832 (Plaza improvements) as part of a certification pursuant to Section 91-83 (Retail Uses Within Existing Arcades), an authorization pursuant to Section 91-841 (Authorization for retail uses within existing arcades) or a certification pursuant to Section 91-837 (Subsequent design changes) may satisfy the requirements in paragraph (c)(6) of this Section.

All such plans for kiosks or open air cafes, once certified, shall be filed and duly recorded in the Borough Office of the City Register of the City of New York, indexed against the property in the form of a legal instrument providing notice of the certification for the kiosk or open air cafe, pursuant to this Section. The form and contents of the legal instrument shall be satisfactory to the Chairperson, and the filing and recording of such instrument shall be a precondition for the placement of the kiosk or open air cafe within the publicly accessible open area.

All public plazas shall provide amenities, as listed in Sections 37-741 through 37-748, inclusive. All required amenities shall be considered permitted obstructions within the public plaza.

1. Ground floor level uses
   
   The frontage of all new building walls fronting on a public plaza, or fronting on an arcade adjoining a public plaza, exclusive of such frontage occupied by building lobbies and frontage used for subway access, shall be subject to the following use provisions:
   1. The underlying use regulations shall be modified as follows:
      1. dwelling units shall not be permitted;
      2. uses listed under Use Group III(A) shall not be permitted;
      3. uses listed under Use Group IV shall be limited to those listed under Public Service Buildings, and Renewable Energy and Green Infrastructure;
      4. guest rooms or suites associated with Transient Accommodations listed under Use Group V shall not be permitted; and
      5. uses listed under Use Group VII shall be limited in size to 5,000 square feet per establishment;
   2. All uses occupying such frontage shall:
      1. be directly accessible from the major portion of the public plaza, an adjoining arcade, or a street frontage shared by the establishment and the public plaza;
      2. have a minimum depth of 15 feet, measured perpendicular to the wall adjoining the public plaza; and
      3. occupy such frontage for the life of the increased floor area of the bonused development.

The remaining frontage may be occupied by other uses, lobby entrances or vertical circulation elements, in accordance with the district regulations.

As an alternative, where retail or service establishments located in an existing building front upon a public plaza or an arcade adjoining a public plaza, at least 50 percent of the total frontage of all building walls fronting on the public plaza, or fronting on an arcade adjoining a public plaza, exclusive of such frontage occupied by building lobbies and frontage used for subway access, shall be allocated for occupancy at the ground floor level by uses permitted in accordance with paragraph (a)(1) subject to the provisions of paragraph (a)(2) of this Section, as permitted by the applicable district regulations.

1. Public entrances
   
   A public entrance to the principal use of the building associated with the public plaza shall be located within 10 feet of the major portion of the public plaza. Frontage on the public plaza that is occupied by a building entrance or lobby shall not exceed 60 feet or 40 percent of the total aggregate frontage of the new building walls on the major and minor portions of the public plaza, whichever is less, but in no case shall building entrances or lobbies occupy less than 20 feet of frontage on the public plaza.
2. Transparency
   
   All new building walls fronting on the major and minor portions of the public plaza shall be treated with clear, untinted transparent material for 50 percent of the surface area below 14 feet above the public plaza level, or the ceiling level of the ground floor of the building, whichever is lower. Any non-transparent area of a new or existing building wall fronting on the major or minor portion of a public plaza shall be treated with a decorative element or material or shall be screened with planting to a minimum height of 15 feet above the public plaza.

The building owner shall be responsible for the maintenance of the public plaza including, but not limited to, the location of permitted obstructions pursuant to Section 37-726, litter control, management of pigeons and rodents, maintenance of required lighting levels, and the care and replacement of furnishings and vegetation within the zoning lot.

(a)        Building permits

No foundation permit shall be issued by the Department of Buildings for any development or enlargement that includes a public plaza, nor shall any permit be issued by the Department of Buildings for any change to a plaza, residential plaza or urban plaza without certification by the Chairperson of the City Planning Commission of compliance with the provisions of Sections 37-625 or 37-70, as applicable.

An application for such certification shall be filed with the Chairperson showing the plan of the zoning lot; a site plan indicating the area and dimensions of the proposed public plaza and the location of the proposed development or enlargement and all existing buildings temporarily or permanently occupying the zoning lot; computations of proposed floor area, including bonus floor area; and a detailed plan or plans prepared by a registered landscape architect, including but not limited to a furnishing plan, a planting plan, a signage plan, a lighting/photometric plan and sections and elevations, as necessary to demonstrate compliance with the provisions of Sections 37-625 or 37-70, as applicable.

All plans for public plazas or other publicly accessible open areas that are the subject of a certification pursuant to Section 37-625 shall be filed and duly recorded in the Borough Office of the City Register of the City of New York, indexed against the property in the form of a legal instrument, in a form satisfactory to the Chairperson, providing notice of the certification of the public plaza, pursuant to this Section. Such filing and recording of such instrument shall be a precondition to certification. The recording information shall be included on the certificate of occupancy for any building, or portion thereof, on the zoning lot issued after the recording date. No temporary or final certificate of occupancy shall be issued for any bonus floor area generated by a public plaza unless and until the public plaza has been substantially completed in accordance with the approved plans, as verified by the Department of City Planning and certified to the Department of Buildings.

Notwithstanding any of the provisions of Section 11-33 (Building Permits for Minor or Major Development or Other Construction Issued Before Effective Date of Amendment), any residential plaza or urban plaza for which a certification was granted pursuant to Article II, Chapter 3, or Article III, Chapter 7, between June 4, 2005 and June 4, 2007, and any public plaza for which a certification was granted prior to June 10, 2009, may be provided in accordance with the regulations in effect on the date of such certification.

(b)        Periodic compliance reporting

No later than June 30 of the year, beginning in the third calendar year following the calendar year in which certification was made and at three-year intervals thereafter, the Director of the Department of City Planning and the affected Community Board shall be provided with a report regarding compliance of the publicly accessible open area with the regulations of Sections 37-625 or 37-70, as applicable, as of a date of inspection which shall be no earlier than May 15 of the year in which the report is filed. Such report shall be provided by a registered architect, landscape architect or professional engineer, in a format acceptable to the Director and shall include, without limitation:

(1)        a copy of the original public plaza or design change certification letter and, if applicable, any approval letter pertaining to any other authorization or certification pursuant to this Chapter;

(2)        a statement that the publicly accessible open area has been inspected by such registered architect, landscape architect or professional engineer and that such open area is in full compliance with the regulations under which it was approved as well as the approved plans pertaining to such open area and, if applicable, the requirements of any other authorization or certification pursuant to this Chapter, or non-compliance with such regulations and plans;

(3)        an inventory list of amenities required under the regulations under which the publicly accessible open area was approved and the approved plans pertaining to such open area and, if applicable, the requirements of any other authorization or certification pursuant to Section 37-70, together with an identification of any amenity on such inventory list for which inspection did not show compliance, including whether such amenities are in working order, and a description of the non-compliance;

(4)        photographs documenting the condition of the publicly accessible open area at the time of inspection, sufficient to indicate the presence or absence, either full or partial, of the amenities on the inventory list of amenities.

The report submitted to the Director of the Department of City Planning shall be accompanied by documentation demonstrating that such report has also been provided to the affected Community Board.

Compliance reporting pursuant to this paragraph, (b), shall be a condition of all certifications granted pursuant to Section 37-70.

(c)        Compliance reports at time of application

Any application for a certification or authorization involving an existing publicly accessible open area shall include a compliance report in the format required under paragraph (b) of this Section, based upon an inspection of the publicly accessible open area by a registered architect, landscape architect or professional engineer conducted no more than 45 days prior to the filing of such application.

The following conditions may constitute grounds to disapprove the application for certification or authorization:

(1)        such report shows non-compliance with the regulations under which the publicly accessible open area was approved, conditions or restrictions of a previously granted certification or authorization, or with the approved plans pertaining to such publicly accessible open area; or

(2)        the publicly accessible open area has been the subject of one or more enforcement proceedings for which there have been final adjudications of a violation with respect to any of the foregoing.

In the case of a certification, the Chairperson, or in the case of an authorization, the Commission, may, in lieu of disapproval, accept a compliance plan for the publicly accessible open area, which plan shall set forth the means by which future compliance will be ensured.

(d)        Failure to comply

Failure to comply with a condition or restriction in an authorization or certification granted pursuant to Section 37-70 or with approved plans related thereto, or failure to submit a required compliance report, shall constitute a violation of this Resolution and may constitute the basis for denial or revocation of a building permit or certificate of occupancy, or for a revocation or such authorization or certification, and for all other applicable remedies.

(e)        Special regulations for an urban plaza in the Special Lower Manhattan District

In addition, the Chairperson of the City Planning Commission may certify any urban plaza that is the subject of application N070416ZCM, filed in conjunction with application C070415ZSM, and such urban plaza may be provided in accordance with the regulations of Section 37–04, inclusive, in effect on April 23, 2007, as modified by the special regulations for such urban plaza as set forth in Article IX, Chapter 1 (Special Lower Manhattan District) and in the following provisions:

(1)        Floor area bonus for an urban plaza in the Special Lower Manhattan District

A floor area bonus for such urban plaza, pursuant to Section 91-22, may be permitted for a development or enlargement located within 50 feet of the street line of a street subject to the regulations for street wall continuity Type 2B.

(2)        Street wall regulations for an urban plaza in the Special Lower Manhattan District

The street wall regulations for street wall continuity “Type 2” in the Special Lower Manhattan District shall be superseded by street wall continuity Types 2A and 2B as indicated on Map 2 in Appendix A of Article IX, Chapter 1.

Publicly accessible tables and chairs shall be considered permitted obstructions within an arcade, provided that such obstructions comply with the provisions of this Section.

The following provisions shall apply to all tables and chairs permitted by this Section.

(a)        General requirements

Tables and chairs provided pursuant to this Section may be used by the public without restriction. All furnishings shall be moveable and made of high quality and durable materials. Tables and chairs shall not be chained, fixed, or otherwise secured between the hours of 7:00 a.m. and 9:00 p.m., and may be stored or secured between the hours of 9:00 p.m. and 7:00 a.m.

(b)        Circulation requirements for tables and chairs

No furnishings, including storage of furnishings, shall be permitted within five feet of any building entrance, nor shall they be permitted within any required circulation paths. For arcades with a depth of 10 feet or less, an unobstructed path of not less than three feet wide shall be provided, and for those with a depth greater than 10 feet, the width of such unobstructed path shall be increased to at least six feet. For the purpose of such calculation, the depth of an arcade shall be measured from the column face furthest from the street line or publicly accessible open area to the building wall fronting on such street line or publicly accessible open area.

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In all districts, as indicated, the provisions of Section 37-90 (PARKING LOTS), inclusive, shall apply to open parking areas that contain 18 or more spaces or are greater than 6,000 square feet in area, as follows:

1. developments with accessory open parking areas in which 70 percent or more of the floor area on the zoning lot is occupied by a commercial or community facility use;
2. enlargements of a building with accessory open parking areas or the enlargement of an open parking area, that result in an increase in:
   1. a total number of parking spaces accessory to commercial or community facility uses on the zoning lot that is at least 20 percent greater than the number of such spaces existing on November 28, 2007; or
   2. a total amount of floor area on the zoning lot that is at least 20 percent greater than the amount of floor area existing on November 28, 2007, and where at least 70 percent of the floor area on the zoning lot is occupied by commercial or community facility uses; and
3. existing buildings with new accessory open parking areas in which 70 percent or more of the floor area on the zoning lot is occupied by a commercial or community facility use.

All public parking lots shall comply with the provisions of Section 37-921 (Perimeter landscaping).

The provisions of Section 37-90, inclusive, shall not apply to surface parking located on the roof of a building, indoor parking garages, public parking garages, structured parking facilities, or developments in which at least 70 percent of the floor area or lot area on a zoning lot is used for automobile dealers, automotive repair and maintenance, or automotive service stations listed under Use Group VI.

For the purposes of Section 37-90, inclusive, an “open parking area” shall mean that portion of a zoning lot used for the parking or maneuvering of vehicles, including service vehicles, which is not covered by a building. Open parking areas shall also include all landscaped areas required pursuant to this Section within and adjacent to the open parking area.

Notwithstanding the provisions of this Section, where parking requirements are waived pursuant to Sections 25-33, 36-23 or 44-23, as applicable, on zoning lots subdivided after November 28, 2007, and parking spaces accessory to commercial or community facility uses or curb cuts accessing commercial or community facility uses are shown on the site plan required pursuant to Section 36-58, the provisions of Section 37-921 (Perimeter landscaping) shall apply.

A detailed plan or plans prepared by a registered landscape architect demonstrating compliance with the provisions of Section 37-90, inclusive, shall be submitted to the Department of Buildings. Such plans shall include grading plans, drainage plans and planting plans, and sections and elevations as necessary to demonstrate compliance with the provisions of this Section.

Any application for a special permit certified by the Department of City Planning or application for an authorization referred by the Department of City Planning for public review prior to November 28, 2007, may be continued pursuant to the regulations in effect at the time of certification or referral and, if granted by the City Planning Commission and, where applicable, the City Council, may be developed or enlarged pursuant to the terms of such permit or authorization, including minor modifications thereto and, to the extent not modified under the terms of such permit or authorization, in accordance with the regulations in effect at the time such application was certified or referred for public review.

The provisions of Section 37-921 (Perimeter landscaping) shall apply to open accessory off-street parking facilities and public parking lots with 18 or more spaces or at least 6,000 square feet in area that front upon a street.

The provisions of Section 37-922 (Interior landscaping) shall additionally apply to open accessory off-street parking facilities and public parking lots with 36 or more spaces or at least 12,000 square feet in area.

However, where more than 75 percent of the parking spaces in such accessory off-street parking facility or public parking lot will be covered by solar canopies, the requirements of such Sections may be modified by the provisions of Section 37-923 (Alternative compliance for solar canopies).
 

All on-site landscaping shall be maintained in good conditions at all times. Landscaped areas must be kept free of litter, and drainage components maintained in working order. In the event of the loss of any on-site landscaping, the owner of the zoning lot shall replace such landscaping by the next appropriate planting season. All landscaped areas must contain a built-in irrigation system or supply hose bibs within 100 feet of all planting islands.

All site plans must show an area designated for refuse storage. Any container used for refuse storage must be enclosed and screened either within a building or an accessory structure. If refuse storage is located in a container or accessory structure, it must be located at least 50 feet from any street line and screened on all sides by a six foot high masonry wall, with one side consisting of an opaque, lockable gate.