81-82

Special Regulations on Permitted and Required Uses

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.

  1. 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.

  1. 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.
  2. 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.

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