91-83 - Retail Uses Within Existing Arcades

LAST AMENDED
6/21/2016

A horizontal #enlargement# of the ground floor and second floor levels within an #arcade# located within Area A on Map 9 in
Appendix A of this Chapter may be permitted upon certification by the Chairperson of the City Planning Commission to the
Commissioner of Buildings that such #enlargement# complies with the provisions of this Section, and the following conditions
are met:

(a)   the horizontal #enlargement# meets the requirements of Section 91-831 (Ground floor requirements);

(b)    a compensating amenity is provided pursuant to the provisions of Section 91-832 for plaza improvements, Section 91-
        834 for indoor public spaces, or Section 91-835 for alternative improvements; and

(c)   the additional requirements of Section 91-836, as applicable.

For #zoning lots# with one or more #publicly accessible open area#, unless an alternative improvement has been identified in
Section 91-835, an improvement to all #publicly accessible open areas# pursuant to the provisions of Section 91-832 shall be
required as the compensating amenity required by condition (b) of this Section, and a certification for design changes pursuant
to Section 37-625 shall not be required. Where a #publicly accessible open area# was improved and is fully compliant with a
prior certification pursuant to Section 37-625 that was granted before January 19, 2016, the further improvement of such
#publicly accessible open area# shall not be required.

The provision of a compensating amenity as part of a prior certification pursuant to this Section or a prior authorization
pursuant to Section 91-841 (Authorization for retail uses within existing arcades) may satisfy the requirements of condition (b)
of this Section for a compensating amenity.

As part of the certification, a horizontal #enlargement# of the ground floor level may be permitted within the area between a
#street wall# and an #arcade# that did not generate a #floor area# bonus prior to June 21, 2016. The provisions of Section 91-
831 (Ground floor requirements) shall not apply to such portion of the horizontal #enlargement#.

As part of the certification, a horizontal #enlargement# of the ground floor level may be permitted along existing #building#
walls that do not face an #arcade#, and such #enlargement# shall not occupy any #publicly accessible open area#. The locational
requirements of paragraph (a)(1) of Section 91-831 and the frontage prohibitions of paragraph (b)(1)(ii) of Section 91-831 shall
apply to such #enlargement#. Where an #enlargement# is located adjacent to a #publicly accessible open area#, the #use# and
transparency requirements of Section 91-831 for new #building# walls facing a #publicly accessible open area# shall apply.

For a horizontal #enlargement# of 7,500 square feet or greater, a special permit pursuant to Section 91-85 shall also be required.
For the purposes of calculating the total area of the horizontal #enlargement# that is subject to the special permit, the aggregate
area of the horizontal #enlargement# permitted by prior certifications pursuant to this Section and Section 91-837 (Subsequent
design changes) and prior authorizations pursuant to Section 91-841 shall be included in such calculation, except the area of an
indoor public space shall be excluded from such calculation.

Where any portion of the #arcade# remains open and accessible, such remaining #arcade# area shall maintain a minimum level of
illumination of not less than five horizontal foot candles between sunset and sunrise. Any non-transparent portion of a
#building# wall between columns that fronts on such #arcade# area shall be treated with artwork, planting or decorative
material. Additional requirements for transparency in paragraph (c)(3) of Section 91-831 may apply.