81-82 - Special Regulations on Permitted and Required Uses

LAST AMENDED
6/6/2024


In order to preserve, protect and enhance the character of the Fifth Avenue Subdistrict as the showcase of New York and national retail
shopping, and to allow for #uses# that are consistent with the character of the Fifth Avenue Subdistrict as a major shopping and tourist
destination, the following special limitations are imposed on the location and kinds of #uses# and #signs# permitted within the Fifth
Avenue Subdistrict.

(a)    Minimum retail space requirement

       Any #zoning lot#, or portion thereof, located within the Fifth Avenue Subdistrict shall contain:

       (1)    #uses# listed in under Use Group VI; and

       (2)    #uses# listed under Art Galleries and Studios in Use Group VIII;

      with a #floor area ratio# of not less than 1.0.

      In order to count toward the requirement, retail or service establishments shall be located on levels up to but not exceeding a height
      of six #stories# or 85 feet, whichever is less, or not more than five feet below #curb level#.

(b)    Lobby restriction

       The provisions of Section 81-42 (Retail Continuity Along Designated Streets) shall apply, except that where a #building# has
       #ground floor level# frontage on Fifth Avenue, and frontage on another #street#, no lobby shall be permitted on the Fifth Avenue
       frontage.

(c)    Sign regulations

       The following special #sign# regulations apply to existing as well as new establishments or #uses#:

       (1)    The aggregate area of all #signs# in ground floor store windows are restricted to not more than one-third of the window
              area. Below a level of 10 feet above #curb level#, #signs# shall not be permitted on the exterior of any #building#.

       (2)    The display of banners or pennants from the exteriors of #buildings# is prohibited.

For the purposes of this Section, any #signs#, including banners and pennants, which do not comply with the above regulations may be
continued for one year after April 28, 1983, provided that after the expiration of that period, such #non-conforming# #sign# shall
terminate. A #sign# which the Chairperson of the City Planning Commission certified as an integral part of the #building# shall not be
required to terminate.