141-33

Special Open Space Provisions

Along the elevated rail structure on Jerome or River Avenues, where open space is provided between the street line of the zoning lot and the street wall of a building facing the elevated rail structure, or in Subdistrict A, for Subareas A1 through A3, where open space is provided between the street wall and the corner at a location designated on Maps 2, 3 or 4 in the Appendix to this Chapter, the provisions of Section 28-23 (Planting Areas) shall apply to all buildings, whether the ground floor is occupied by residential uses or non- residential uses, subject to the modifications of this Section.

(a)        Along the elevated rail structure

Along the elevated rail structure on Jerome or River Avenues, a sidewalk widening, built to Department of Transportation standards, may be provided as an alternative to planting, provided that the area that would otherwise be allocated to planting, measured in square feet, is allocated to streetscape amenities, including, but not limited to, trees, bicycle racks, benches or wall treatment, that are provided along such sidewalk widening, as set forth below.

Where benches are provided as an alternative to such planting, the length of such benches shall not exceed, in the aggregate, 15 feet per every 50 feet of street wall frontage. Where bicycle racks are provided, such racks shall be oriented so that the bicycles are placed parallel to the street wall, and the width of such bicycle racks shall not exceed, in the aggregate, 10 feet per every 50 feet of street wall frontage. Such benches or bicycle racks shall be located entirely within the zoning lot, and each bench or bicycle rack so provided shall be equivalent to 15 square feet of planted area.

Where trees, and associated tree pits are provided as an alternative, the minimum depth of any open space between the street wall and street line shall be eight feet. Each tree provided shall be equivalent to 15 square feet of planted area.

Where a wall treatment is provided as an alternative, it shall be in the form of permitted signs, graphic or sculptural art, rustication, decorative screening or latticework, or living plant material along the street wall. Such wall treatment shall extend to a height of at least 10 feet, as measured from the level of the adjoining sidewalk or grade, and shall have a minimum width of 10 feet, as measured parallel to the street wall. Portions of a street wall providing such wall treatment may be exempt from the ground floor glazing requirements of paragraph (a) of Section 141-32, provided that the exempted area not exceed 50 percent of the street wall, or a street wall width of 20 feet, whichever is less. The portion of the street wall allocated to a wall treatment shall satisfy the planting requirement directly in front of such street wall.

Where planting is provided, the minimum depth of open space between the street line and the street wall shall not be less than three feet.

(b)        In Subdistrict A

In Subdistrict A, where open space is provided between the street wall and the intersection of two streets, pursuant to paragraph (a)(2) of Section 141-23, streetscape amenities may be provided as an alternative to planting, provided that the area that would otherwise be allocated to planting, measured in square feet, is allocated to trees, benches, or tables and chairs, as set forth below. However, planting shall not be reduced to less than 20 percent of the area of the open space.

Each bench provided shall be equivalent to 10 square feet of planted area, and each set of tables and at least two chairs shall be equivalent to 15 square feet of planted area. Seating shall be publicly accessible, unless tables and chairs are associated with an open eating or drinking establishment on the zoning lot. The area under such seating shall be paved with permeable materials and shall either abut the adjoining sidewalk or be connected to such sidewalk by a circulation path at least five feet wide that is also paved with permeable materials.

Each tree and associated tree pits provided shall be equivalent to 15 square feet of planted area, and shall be located at least 10 feet from any building wall or the adjoining sidewalk.

Where planting is provided, the minimum depth of a planted bed shall not be less than three feet.

In no event shall chain link fencing or barbed or razor wire be permitted in any open space provided pursuant to this Section.

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