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New York City City Zoning Code

ARTICLE II

Residence District Regulations

21-00 GENERAL PURPOSES OF RESIDENCE DISTRICTS

The Residence Districts established in this Resolution are designed to promote and protect public health, safety and general welfare. These general goals include, among others, the following specific purposes:

(a)        To provide sufficient space in appropriate locations for residential development to meet the housing needs of the City's present and expected future population, with due allowance for the need for a choice of sites.

(b)        To protect residential areas against fire, explosions, toxic and noxious matter, radiation, and other hazards, and against offensive noise, vibration, smoke and other particulate matter, odorous matter, heat, humidity, glare, and other objectionable influences.

(c)        To protect residential areas, as far as possible, against heavy traffic and against through traffic of all kinds.

(d)        To protect residential areas against congestion, as far as possible, by regulating the density of population and the bulk of buildings in relation to the land around them and to one another, and by providing for off-street parking spaces; to require the provision of open space in residential areas wherever practicable; and to encourage the provision of additional open space by permitting moderately higher bulk and density with better standards of open space, in order to open up residential areas to light and air, to provide open areas for rest and recreation, and to break the monotony of continuous building bulk, and thereby to provide a more desirable environment for urban living in a congested metropolitan area.

(e)        To protect the character of certain designated areas of historic and architectural interest, where the scale of building development is important, by limitations on the height of buildings.

(f)        To provide for access of light and air to windows and for privacy, as far as possible, by controls over the spacing and height of buildings and other structures.

(g)        To provide appropriate space for those educational, religious, recreational, health and similar facilities which serve the needs of the nearby residents, which generally perform their own activities more effectively in a residential environment, and which do not create objectionable influences.

(h)        To provide freedom of architectural design, in order to encourage the development of more attractive and economic building forms.

(i)        To promote the most desirable use of land and direction of building development in accord with a well-considered plan, to promote stability of residential development, to protect the character of the district and its peculiar suitability for particular uses, to conserve the value of land and buildings and to protect the City's tax revenues.

22-00 GENERAL PROVISIONS

In order to carry out the purposes and provisions of this Resolution, the uses within buildings or other structures as well as the open uses of zoning lots, or portions thereof, have been classified and combined into 10 separate Use Groups with similar characteristics. For the purposes of establishing permitted uses in this Resolution, references to permitted uses in the Use Groups, or any sub-categories therein, shall include all accessory uses thereto. Use Groups I, II, III, IV, V, VI, VII and VIII, are permitted in Residence Districts subject to the provisions of the following Sections:

  1. Sections 22-11 (Use Group I – Agriculture and Open Uses) through 22-18 (Use Group VIII – Recreation, Entertainment and Assembly Spaces), inclusive, which establish general use allowances in Use Groups I through VIII, including each use listed separately therein, by Residence District, and additional provisions for certain uses where applicable.
  2. Section 22-20 (SIGN REGULATIONS), inclusive, which sets forth regulations for permitted signs.

The use provisions of this Chapter may be modified or superseded by special rules for certain areas in Article I (General Provisions), Article VI (Special Regulations Applicable to Certain Areas), and through Special Purpose Districts.

22-10 USE ALLOWANCES

The provisions of Sections 22-11 (Use Group I – Agriculture and Open Uses) through 22-18 (Use Group VIII – Recreation, Entertainment and Assembly Spaces) establish use allowances by Use Group. A brief statement is inserted at the start of each Section to describe and clarify the basic characteristics of that Use Group. For Use Groups I through IV, use allowances by zoning district are summarized in Use Group tables. For each use and zoning district, the tables contain up to two levels of notation in a particular cell:

  1. The top level will always contain a symbol and denotes:
    1. permitted as-of-right (“●”);
    2. permitted as-of-right in some instances, but with broad use limitations on as-of-right applicability, either by district or geographic restrictions (“♦”);
    3. allowed by special permit (“○”) of the Board of Standards and Appeals or the City Planning Commission; or 
    4. not permitted in the district (“–”).
  2. The second level may or may not be present, depending on the use and the zoning district. Where present, the table denotes one or more allowances or restrictions on the as-of-right use. Specifically, they denote where the following apply:
    1. size restrictions (“S”), including establishment or lot area size limitations or person capacities; or
    2. additional conditions (“P”), including environmental standards or other measures other than size restrictions.

Such notations are illustrated in the following diagram:

A02-C02 Use Chart Notation

Where a use is permitted and no second level symbology is included, the use is permitted without size restrictions, additional conditions, or exemptions from enclosure requirements.

Use Group tables, except in Section 22-12 (Use Group II – Residences), also show the parking requirement category, denoted as “PRC”, for the applicable use, where applicable. PRC letters A through G refer to the classification of permitted non-residential uses to determine required accessory off-street parking spaces as set forth in the table in Section 25-31 (General Provisions). Subcategories within, denoted by number suffices, indicate variations of the same parking category. Where the PRC for a use is denoted as “N/A”, no parking requirement applies except as specified in other provisions of this Resolution.

Subsections following the table for a particular Use Group contain specific provisions applicable to certain uses, including size restrictions or additional conditions. Other subsections contain references for uses permitted by special permits of the Board of Standards and Appeals or the City Planning Commission, or provisions for uses where two PRCs are assigned.

The following diagram provides an illustrative example of how such provisions are notated across zoning districts for a given use:


ILLUSTRATIVE EXAMPLE

A02-C02 Use Chart Example

23-10 LOT AREA AND LOT WIDTH REGULATIONS

Minimum lot area and lot width regulations are set forth in Section 23-11 for R1 through R5 Districts and Section 23-12 for R6 through R12 Districts.  

However, such lot area and lot width regulations shall not apply to zoning lots in existence on December 5, 2024, where the lot area or lot width was less than the prescribed minimums of such Sections, and after December 5, 2024, such lot area or lot width has not decreased.  

Where two or more buildings that are single- or two-family detached or zero lot line residences are located on a zoning lot, the applicable minimum lot area requirement set forth in the table in this Section shall be multiplied by the number of such buildings on the zoning lot. For the purposes of applying such calculation, detached buildings that are permitted obstructions in a required rear yard or rear yard equivalent shall not be included.  

23-20 FLOOR AREA REGULATIONS

Floor area regulations are set forth in Section 23-21 for R1 through R5 Districts and Section 23-22 for R6 through R12 Districts. Special allowances for multiple dwelling residences are set forth in Section 23-23. Special rules governing certain areas are set forth in Section 23-24

For zoning lots with buildings containing multiple uses or multiple buildings with different uses, inclusive of residences subject to different floor area ratios, the maximum floor area ratio for each use shall be as set forth in the applicable provisions of this Section, inclusive, or as provided in the respective floor area provisions of another Chapter of this Resolution. The total of all such floor area ratios shall not exceed the greatest floor area ratio permitted for any such use on the zoning lot

Where floor area in a building is shared by multiple uses, the floor area for such shared portion shall be attributed to each use proportionately, based on the percentage each use occupies of the total floor area of the zoning lot, less any shared floor area.

Where a floor area bonus established through another Section of this Resolution applies to a zoning lot containing residences, the residential floor area ratio used to calculate the maximum permitted floor area bonus shall be the maximum floor area ratio permitted for such zoning lot pursuant to this Section, depending on whether the zoning lot is a qualifying residential site or the zoning lot contains qualifying affordable housing or qualifying senior housing.  

23-30 YARDS, COURTS AND OTHER OPEN AREA REGULATIONS

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, regulations governing yards, courts, lot coverage, and other open areas shall be set forth in Section 23-30, inclusive.

General provisions shall be as set forth in Section 23-31, inclusive.

Front yard requirements shall be as set forth in Section 23-32, inclusive, side yard requirements shall be as set forth in Section 23-33, inclusive, and rear yard and rear yard equivalent requirements shall be as set forth in Section 23-34, inclusive. 

Court regulations, including those for inner courts and outer courts, shall be as set forth in Section 23-35, inclusive. 

Maximum lot coverage requirements shall be as set forth in Section 23-36, inclusive. 

Other regulations governing open areas, including minimum distances between buildings and minimum distances between legally required windows and lot lines, shall be as set forth in Sections 23-37, inclusive. 

Special rules for certain areas shall be as set forth in Section 23-38, inclusive. 

23-40 HEIGHT AND SETBACK REGULATIONS

Height and setback regulations are set forth in Section 23-42, inclusive, for R1 through R5 Districts and Section 23-43, inclusive, for R6 through R12 Districts. Special rules governing certain areas are set forth in Section 23-44. Permitted obstructions to maximum heights are set forth in Section 23-41.  

For zoning lots with buildings containing multiple uses or multiple buildings with different uses, inclusive of residences, subject to different height and setback regulations for the applicable district, the applicable height and setback regulations shall be whichever regulations permit the tallest overall heights.

24-10 FLOOR AREA AND LOT COVERAGE REGULATIONS

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the floor area and lot coverage regulations of this Section 24-10, inclusive, shall apply as follows.

For any zoning lot, the maximum floor area ratio and maximum percent of lot coverage for a community facility use shall not exceed the floor area ratio and lot coverage set forth in Section 24-11 (Maximum Floor Area Ratio and Percentage of Lot Coverage), except as otherwise provided in the following Sections:

Section 24-111        (Maximum floor area ratio for certain community facility uses)

Section 24-112        (Special floor area ratio provisions for certain areas)

Section 24-13        (Floor Area Bonus for Deep Front and Wide Side Yards)

Section 24-14        (Floor Area Bonus for a Public Plaza)

Section 24-15        (Floor Area Bonus for Arcades)

Section 24-16        (Special Provisions for Zoning Lots Containing Both Community Facility and Residential Uses)

Section 24-17        (Special Provisions for Zoning Lots Divided by District Boundaries or Subject to Different Bulk Regulations).

Where floor area in a building is shared by multiple uses, the floor area for such shared portion shall be attributed to each use proportionately, based on the percentage each use occupies of the total floor area of the zoning lot less any shared floor area.

24-20 APPLICABILITY OF DENSITY REGULATIONS TO ZONING LOTS CONTAINING BOTH RESIDENTIAL AND COMMUNITY FACILITY USES

In all districts, the maximum number of dwelling units on a zoning lot containing both community facility and residential uses shall

be as set forth in Section 23-50 (DENSITY REGULATIONS).

24-30 YARD REGULATIONS

General Provisions

24-40 SPECIAL PROVISIONS FOR ZONING LOTS DIVIDED BY DISTRICT BOUNDARIES

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, whenever a zoning lot is divided by a boundary between districts or is subject to other regulations resulting in different yard regulations on portions of the zoning lot, the provisions set forth in Article VII, Chapter 7, shall apply.

24-50 HEIGHT AND SETBACK REGULATIONS

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the height and setback regulations of this Section 24-50, inclusive, shall apply as follows.

Height and setback regulations applicable to R1 through R5 Districts, except R5D Districts, are set forth in Section 24-521 (Front setbacks in districts where front yards are required). In R5D Districts, all buildings or other structures shall comply with the applicable height and setback requirements set forth in Section 23-40 (HEIGHT AND SETBACK REGULATIONS), inclusive.

In R6 through R12 Districts with a letter suffix, the height and setback regulations of Section 23-43 (Height and Setback Requirements in R6 Through R12 Districts), inclusive, shall be applied to all buildings in accordance with the applicable Residence District regulations, pursuant to Section 24-04 (Applicability of Article II, Chapter 3 Regulations). For other buildings in R6 through R12 Districts without a letter suffix utilizing the provisions of this Chapter, height and setback regulations are set forth in Sections 24-522 (Front setbacks in districts where front yards are not required), 24-53 (Alternate Front Setbacks) and 24-54 (Tower Regulations), as applicable. 

In all districts, supplemental provisions are set forth in Sections 24-55 (Required Side and Rear Setbacks), 24-56 (Special Height and Setback Provisions for Certain Areas), 24-57 (Modifications of Height and Setback Regulations), 24-58 (Special Provisions for Zoning Lots Divided by District Boundaries) and 24-59 (Special Height Limitations), respectively.

25-20 REQUIRED ACCESSORY OFF-STREET PARKING SPACES FOR RESIDENCES

In the districts indicated, accessory off-street parking spaces shall be required for residences in accordance with the provisions of this Section, inclusive. Separate requirements are set forth for zoning lots in the Inner Transit Zone pursuant to Section 25-21, inclusive, the Outer Transit Zone, pursuant to Section 25-22, inclusive, and beyond the Greater Transit Zone, pursuant to Section 25-23, inclusive.

25-70 OFF-STREET LOADING REGULATIONS

The following regulations on permitted and required accessory off-street loading berths are adopted in order to provide needed space off public streets for loading and unloading activities, to restrict the use of the streets for such activities, to help relieve traffic congestion in residential areas within the city, and thus to promote and protect public health, safety and general welfare.

25-80 BICYCLE PARKING

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the provisions of this Section, inclusive, related to bicycle parking spaces shall apply to:

(a)        developments;

(b)        enlargements that increase the floor area within a building by 50 percent or more;

(c)        dwelling units created by conversions of non-residential floor area;

(d)        new dwelling units in buildings or building segments constructed after April 22, 2009;

(e)        new enclosed accessory group parking facilities with 35 or more automobile parking spaces; and

(f)        open parking areas accessory to commercial or community facility uses that contain 18 or more automobile parking spaces or are greater than 6,000 square feet in area.

In addition, the provisions of Section 25-85 (Floor Area Exemption) shall apply to all buildings as set forth therein.

The number of accessory bicycle parking spaces provided pursuant to this Section, the total area, in square feet, of bicycle parking spaces and the total area, in square feet, excluded from the calculation of floor area for such spaces shall be noted on the certificate of occupancy.  

26-00 APPLICABILITY OF THIS CHAPTER

The regulations of this Chapter shall apply:

(a)        To sky exposure plane buildings developed in R9 and R10 Districts, as set forth in Section 26-10 (SPECIAL REQUIREMENTS FOR DEVELOPMENTS IN R9 AND R10 DISTRICTS). However, the provisions of Section 26-10 shall not apply within any Special Purpose District;

(b)        in R3, R4 and R5 Districts, to zoning lots with buildings accessed by private roads, as set forth in Section 26-20 (SPECIAL REQUIREMENTS FOR LOTS WITH PRIVATE ROADS), except where such zoning lots:

(1)        consist entirely of single-family detached residences;

(2)        are accessed by private roads that existed on February 6, 2002; or

(3)        are located within lower density growth management areas, in which case the provisions of paragraph (c) of this Section shall apply;

(c)        in lower density growth management areas, to zoning lots with buildings accessed by private roads, as set forth in Section 26-30 (SPECIAL REQUIREMENTS FOR LOTS WITH PRIVATE ROADS IN LOWER DENSITY GROWTH MANAGEMENT AREAS);

(d)        to developments, enlargements or conversions in all districts, as applicable, as set forth in Section 26-40 (STREET TREE PLANTING AND PLANTING STRIP REQUIREMENTS); and

(e)        to all energy infrastructure equipment and accessory mechanical equipment not located within a completely enclosed building, as set forth in Section 26-60 (SPECIAL SCREENING AND ENCLOSURE PROVISIONS).

26-10 SPECIAL REQUIREMENTS FOR DEVELOPMENTS IN R9 AND R10 DISTRICTS

For applicable buildings in R9 and R10 Districts, an application to the Department of Buildings for a permit respecting any development shall include a plan and an elevation, drawn to a scale of at least one-sixteenth inch to a foot, of the new building and buildings on contiguous lots or contiguous blocks showing arcades, street wall articulation, street trees, sidewalk paving and such other necessary information as may be required by the Commissioner of Buildings.

26-20 SPECIAL REQUIREMENTS FOR LOTS WITH PRIVATE ROADS

To provide for the orderly development of residences that are distant from streets, site planning requirements are established in Sections 26-20 through 26-27, inclusive. The regulations of this Section are intended to:

(a)        optimize vehicular access within and among zoning lots containing private roads;

(b)        regulate the size of and distance between curb cuts to minimize undue conflict between pedestrian and vehicular movement;

(c)        provide for sidewalks to facilitate social interaction and enhance pedestrian safety; and

(d)        provide for tree planting along private roads in order to enhance the visual and environmental character of the neighborhood.

26-30 SPECIAL REQUIREMENTS FOR LOTS WITH PRIVATE ROADS IN LOWER DENSITY GROWTH MANAGEMENT AREAS

For all zoning lots with buildings accessed by private roads in lower density growth management areas, the provisions of Sections 26-20 through 26-27, inclusive, shall apply. In addition, such regulations are supplemented or superseded in accordance with the provisions of this Section.

27-20 ANTI-HARASSMENT

Within the Greenpoint-Williamsburg anti-harassment areas in Community District 1, Borough of Brooklyn, as shown in the diagrams in this Section, the provisions of paragraphs (a) through (d), inclusive, of Section 93-90 (HARASSMENT) shall apply as modified in this Section. 

For the purposes of this Section, the following definitions in paragraph (a) of Section 93-90, shall be modified:


Anti-harassment area

“Anti-harassment area” shall mean the Greenpoint-Williamsburg anti-harassment areas as shown in the diagrams:

Section <a class='sec-link-inline' target='_blank' href='/article-ii/chapter-7#27-20'><span>27-20</span></a>, Greenpoint-Williamsburg Anti-Harassment Areas, map 1

 

Section <a class='sec-link-inline' target='_blank' href='/article-ii/chapter-7#27-20'><span>27-20</span></a>, Greenpoint-Williamsburg Anti-Harassment Areas, map 2

Greenpoint-Williamsburg Anti-Harassment Areas

Referral date

“Referral date” shall mean October 4, 2004.

In addition, paragraph (d)(3) of Section 93-90 is modified as follows:

(3)           No portion of the low income housing required under this Section shall qualify to:

(i)           increase the floor area ratio pursuant to the provisions of Section 27-10 (ADMINISTRATION OF AFFORDABLE HOUSING) or 62-361 (Special floor area regulations); or

(ii)          increase the maximum height of a building or the height above which the gross area per residential story of a building is limited pursuant to the provisions of paragraphs (b)(2) and (d) of Section 62-363 (Special height and setback regulations); or

(iii)         satisfy an eligibility requirement of any real property tax abatement or exemption program with respect to any multiple dwelling that does not contain such low income housing.

21-11 R1 and R2 — Single-Family Detached Residence Districts

These districts are designed to provide a suitable open character for single-family detached dwellings at low densities, as well as all types of residences in appropriate locations. These districts also include community facilities and open uses that serve the residents of these districts or benefit from an open residential environment.

21-12 R3A, R3X and R4A — Detached Residence Districts

These districts are designed to provide for single- or two-family detached dwellings on zoning lots of specified lot widths, as well as all types of residences in appropriate locations. R3A Districts also permit zero lot line buildings. These districts also include community facilities and open uses that serve the residents of these districts or benefit from a residential environment.

21-13 R3-1 and R4-1 — Detached and Semi-Detached Residence Districts

These districts are designed to provide for single- or two-family detached or semi-detached dwellings, as well as all types of residences in appropriate locations. R4-1 Districts also permit zero lot line buildings. These districts also include community facilities and open uses that serve the residents of these districts or benefit from a residential environment.

21-14 R3-2, R4, R4B, R5, R6, R7, R8, R9, R10, R11 and R12 — General Residence Districts

These districts are designed to provide for all types of residential buildings, in order to permit a broad range of housing types, with appropriate standards for each district on density, open space, and spacing of buildings. However, R4B Districts are limited to single- or two-family dwellings, , as well as all types of residences in appropriate locations. The various districts are mapped in relation to a desirable future residential density pattern, with emphasis on accessibility to transportation facilities and to various community facilities, and upon the character of existing development. These districts also include community facilities and open uses which serve the residents of these districts or benefit from a residential environment.

R11, R11A and R12 Districts may only be mapped in Mandatory Inclusionary Housing areas.

Unless otherwise specified, the regulations applicable to R10 Districts shall apply to R10H Districts.

22-11 Use Group I – Agriculture and Open Uses

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

Use Group I consists of various primarily open uses of land. The provisions regulating uses classified in this Use Group are set forth as follows:

  1. Section 22-111 (Use Group I – general use allowances) which includes the compilation of uses in the Use Group table; 
  2. Section 22-112 (Use Group I – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group table;
  3. Section 22-113 (Use Group I – uses permitted by special permit) for uses permitted by special permit by the Board of Standards and Appeals, as denoted with “○” in the Use Group Table; and
  4. Section 22-114 (Use Group I – additional provisions for parking requirement category) for uses with more than one parking requirement category or other applicable parking provisions, as denoted with “*” in the Use Group table.
22-12 Use Group II – Residences

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

Use Group II consists of residences of various types. The provisions regulating uses 
classified in this Use Group are set forth as follows:

  1. Section 22-121 (Use Group II – general use allowances) which includes the compilation of uses in the Use Group table; and
  2. Section 22-122 (Use Group II – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group table.
22-13 Use Group III – Community Facilities

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

Use Group III consists of uses that provide educational, religious, health and other essential services. The provisions regulating uses classified in this Use Group are set forth as follows:

  1. Section 22-131 (Use Group III – general use allowances) which includes the compilation of uses in the Use Group tables;
  2. Section 22-132 (Use Group III – uses subject to size restrictions) for certain uses, as denoted with an “S” in the Use Group tables;
  3. Section 22-133 (Use Group III – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group tables;
  4. Section 22-134 (Use Group III – uses permitted by special permit) for uses permitted by special permit of the Board of Standards and Appeals or the City Planning Commission, as denoted with “○” in the Use Group tables; and
  5. Section 22-135 (Use Group III – additional provisions for parking requirement category) for uses with more than one parking requirement category or other applicable parking provisions, as denoted with “*” in the Use Group tables.
22-14 Use Group IV – Public Service Facilities and Infrastructure

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

Use Group IV consists of uses that provide public services, including public safety buildings, and infrastructure. The provisions regulating uses classified in this Use Group are set forth as follows:

  1. Section 22-141 (Use Group IV – general use allowances) which includes the compilation of uses in the Use Group tables;
  2. Section 22-142 (Use Group IV – uses subject to size limitations) for size restrictions that apply to certain uses, as denoted with an “S” in the Use Group tables;
  3. Section 22-143 (Use Group IV – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group tables; and
  4. Section 22-144 (Use Group IV – uses permitted by special permit) for uses permitted by special permit of the Board of Standards and Appeals or the City Planning Commission, as denoted with “○” in the Use Group tables.
22-15 Use Group V – Transient Accommodations

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

Use Group V consists of uses for transient occupancy of various types. In Residence Districts, such uses shall include:

  1. overnight camps, where allowed by special permit of the Board of Standards and Appeals, in accordance with Section 73-151 (Overnight camps); and
  2. in R10H Districts, transient hotels, where allowed by special permit of the City Planning Commission, in accordance with Section 74-151 (In R10H Districts).
22-17 Use Group VII – Offices and Laboratories

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

Use Group VII consists of uses that provide administrative and research workspaces for business, professional or governmental purposes. In Residence Districts, such uses shall include:

  1. laboratories, where allowed by special permit of the City Planning Commission, in accordance with Section 74-171 (Laboratories); and
  2. offices, where allowed within the flood zone, by special permit of the Board of Standards and Appeals, in accordance with Section 73-171 (Ground floor offices in the flood zone).
22-18 Use Group VIII – Recreation, Entertainment and Assembly Spaces

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

Use Group VIII consists of uses that provide recreation and entertainment opportunities, as well as other places of assembly. In Residence Districts, such uses shall include:

  1. outdoor day camps, where allowed by special permit of the Board of Standards and Appeals, in accordance with Section 73-184 (Outdoor day camps); and
  2. riding academies or stables, where allowed by special permit of the Board of Standards and Appeals, in accordance with Section 73-185 (Riding Academies or Stables).
22-21 Definitions

Words in italics are defined in Section 12-10 (DEFINITIONS) or, if applicable exclusively to this Section, in this Section.

22-22 Permitted Non-illuminated Accessory Signs

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, non-illuminated accessory signs are permitted as set forth in this Section, subject to the provisions of Section 22-24 (Additional Regulations).

22-24 Additional Regulations

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts as indicated, any sign permitted under the provisions of Sections 22-22 (Permitted Non-illuminated Accessory Signs) and 22-231 (Permitted illuminated accessory signs for hospitals and related facilities) shall conform to the regulations set forth in this Section.

22-25 Number of Signs

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

Except as otherwise provided in Sections 22-22 (Permitted Non-illuminated Accessory Signs) or 22-231 (Permitted illuminated accessory signs for hospitals and related facilities), not more than one sign is permitted for each use, building or dwelling unit, and not more than two signs for each professional office. On a corner lot or through lot, one sign (or for professional offices, two signs) is permitted on each street.

22-26 Advertising Signs on Waterways

No moving or stationary "advertising sign" shall be displayed on a vessel plying waterways adjacent to Residence Districts and within view from an arterial highway. For the purposes of this Section, arterial highways shall include all highways that are shown on the Master Plan of Arterial Highways and Major Streets as "principal routes," "parkways" or "toll crossings" and that have been designated by the City Planning Commission as arterial highways to which the provisions of this Section shall apply.

For the purposes of this Section "advertising sign" is a sign that directs attention to a profession, business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises of the vessel and is not accessory to a use on such vessel.

 

23-01 Applicability of This Chapter

The bulk regulations of this Chapter apply to any zoning lot or portion of a zoning lot located in any Residence District which contains any residential building or other structure, or to the residential portion of a building or other structure used for both residential and community facility uses. The bulk regulations of Article II, Chapter 4, shall apply to any zoning lot or portion of a zoning lot containing a community facility building or to the community facility portion of a building used for both residential and community facility uses, except as set forth in Sections 24-04 (Applicability of Article II, Chapter 3 Regulations) and 24-05 (Buildings containing certain community facility uses). In addition, the bulk regulations of this Chapter, or of specified Sections thereof, also apply in other provisions of this Resolution where they are incorporated by cross reference.

23-02 Applicability in Special Situations

The conversion of non-residential floor area to residences shall be subject to the provisions of Article I, Chapter 5 (Residential Conversions Within Existing Buildings), unless such conversions meet the requirements for residential developments of Article II (Residence District Regulations).

Existing buildings or other structures that are non-complying buildings or other structures or existing buildings where an enlargement, conversion, extension, change of use or other alternation would create a non-compliance with the applicable bulk regulations are subject to the regulations set forth in Article V, Chapter 4. 

Special regulations applying in certain areas are set forth in Article VI, inclusive. 

Special permits that may be granted by the Board of Standards and Appeals are set forth in Article VII, Chapter 3. Special permits and authorizations that may be granted by the City Planning Commission are set forth in Article VII, Chapters 4 and 5, respectively. 

Special regulations applying to large-scale residential developments or large-scale community facility developments are set forth in Article VII, Chapters 8 or 9, respectively. Special regulations applying to large-scale general developments are set forth in Section 74-74

Any development or enlargement that occurs on or over a railroad right-of-way, or the inclusion of a railroad right-of-way in the lot area of a zoning lot less than one and a half acres, and that is not accessory to such railroad right-of-way, shall be certified by the Chairperson of the City Planning Commission pursuant to Section 75-41. In addition, the development or enlargement of a building on a zoning lot greater than one and a half acres that includes a railroad right-of-way or former railroad right-of-way, where such building is not accessory to a railroad right-of-way, may be permitted by the Commission pursuant to Section 74-61

Special regulations applying only in Special Purpose Districts are set forth in Articles VIII, IX, X, XI, XII, XIII and XIV.

23-03 General Purposes of Residential Bulk Regulations

The following bulk regulations are adopted in order to protect residential areas against congestion and to encourage the development of desirable and stable residential neighborhoods. In order to achieve these purposes, a direct control of density as well as of the physical volume of buildings is established.

23-04 Zoning Lots Divided by District Boundaries

In all districts, whenever a zoning lot is divided by a boundary between districts or is subject to different bulk regulations for different portions of the zoning lot, the provisions set forth in Article VII, Chapter 7, shall apply.

23-05 Applicability of Certain Bulk Regulations

Special rules governing optional bulk regulations affecting one or more bulk parameters are set forth in Section 23-70 (ALTERNATIVE BULK REGULATIONS FOR CERTAIN AREAS), inclusive. 

These optional bulk provisions include alternative rules for:

  1. predominantly built-up areas, as set forth in Section 23-71, inclusive; 
  2. portions of Community District 12 in the Borough of Brooklyn, as set forth in Section 23-72, inclusive; and 
  3. sky exposure plane buildings, as set forth in Section 23-73, inclusive.  

Where any of such optional provisions are utilized, all the other associated bulk provisions set forth in Section 23-70, inclusive, shall apply.

23-06 Applicability of Bulk Regulations for Certain Sites

In R6 through R12 Districts without a letter suffix, on zoning lots where demolition or disposition is subject to approval from the U.S. Department of Housing and Urban Development (HUD) under section 18 of the Housing Act of 1937, the provisions of this Section shall apply.

For developments or enlargements of residences other than qualifying senior housing or MIH developments on MIH sites:

  1. on zoning lots where the height of any existing building containing residences exceeds the heights for zoning lots containing standard residences set forth in Section 23-432, the regulations for sky exposure plane buildings set forth in Section 23-73, inclusive, shall apply, and shall not be optional; and
  2. on zoning lots where the height of all existing building containing residences are less than or equal to the heights for zoning lots containing standard residences set forth in Section 23-432, the bulk regulations for residential buildings of this Chapter applicable to non-sky exposure plane buildings may be applied, except that:
    1. the height and setback modifications for eligible sites set forth in Section 23-434 shall not apply; and 
    2. the minimum distance between buildings two of more buildings on the same zoning lot that are not connected at any level shall be governed by the provisions of paragraph (c) of Section 23-735. Notwithstanding the provisions of Section 23-05, the use of this Section shall not necessitate the utilization of all other provisions for sky exposure plane buildings unless other provisions of Section 23-73, inclusive, are applied.    
23-11 Lot Area and Lot Width Regulations in R1 Through R5 Districts

R1 R2 R3 R4 R5

In the districts indicated, no residence shall be permitted on a zoning lot with a total lot area or lot width less than as set forth in the following table:

REQUIRED MINIMUM LOT AREA AND LOT WIDTH

Type of Residence

District

Minimum Lot Area (in sq. ft)

Minimum Lot Width (in ft)

Single- or two-family  detached, or zero lot line, where permitted

R1-1

7,125

75

R1-2  R1-2A

4,750

50

R2  R2A  R2X  R3X

R3-1  R3-2  R4  R5

2,850

30

R3A  R4-1  R4A  R4B  R5A  R5B  R5D

2,375

25

Other residences, where permitted

R1 – R5

1,700

18

23-12 Lot Area and Lot Width Regulations in R6 through R12 Districts

R6 R7 R8 R9 R10 R11 R12

In the districts indicated, no residence shall be permitted on a zoning lot with a total lot area or lot width less than as set forth in the following table:

REQUIRED MINIMUM LOT AREA AND LOT WIDTH

Type of Residence

District

Minimum Lot Area (in sq. ft)

Minimum Lot Width (in ft)

Single- or two-family detached or zero lot line

R6 - R12

2,375

25

Other residences

R6 - R12

1,700

18

23-21 Floor Area Regulations for R1 Through R5 Districts

R1 R2 R3 R4 R5

In the districts indicated, the maximum residential floor area ratio shall be as set forth in the following table. Separate maximum residential floor area ratios are set forth for standard zoning lots and zoning lots that are qualifying residential sites.

MAXIMUM FLOOR AREA RATIO FOR R1-R5 DISTRICTS

District

Standard zoning lots

Qualifying residential sites

R1-2A  R1-1  R1-2

R2A  R2

R3A  R3X  R3-1  R3-2

0.751

 

 

1.00

 

 

R2X

1.00

1.00

R4A  R4B  R4 
R4-1

1.00

1.50

R5A  R5B  R5  

1.50

2.00

R5D

 2.00

2.00

1              For standard zoning lots with a lot area of 4,000 square feet or more, the maximum residential floor area associated with any single dwelling unit shall not exceed an equivalent floor area ratio of 0.60. 

23-22 Floor Area Regulations for R6 Through R12 Districts

R6 R7 R8 R9 R10 R11 R12

In the districts indicated, the maximum residential floor area ratio shall be as set forth in the following table. Separate maximum residential floor area ratios are set forth for zoning lots containing standard residences and zoning lots containing qualifying affordable housing or qualifying senior housing.

MAXIMUM FLOOR AREA RATIO FOR R6-R12 DISTRICTS

District

Standard residences

Qualifying affordable housing or qualifying senior housing

R6A  R61  R6-1 

R7B

3.00

3.90

R6 

2.20

3.90

R6B

2.00

2.40

R6D  R6-2

2.50

3.00

R7A  R7-11  R7-21 

4.00

5.01

R7-1  R7-2

3.44

5.01

R7D

4.66

5.60

R7X  R7-3

5.00

6.00

R8A  R8X  R8

6.02

7.20

R8

7.201

8.642

R8B

4.00

4.80

R9A  R9

7.52

9.02

R9D  R9X  R9-1

9.00

10.80

R10A  R10X  R10

10.00

12.00

R11

12.00

15.00

R12

15.00

18.00

1           For zoning lots, or portions thereof, located within 100 feet of a wide street

2              Outside of Mandatory Inclusionary Housing areas, for zoning lots, or portions thereof, located within 100 feet of a wide street, containing UAP developments or qualifying senior housing

23-23 Special Floor Area Provisions for Multiple Dwelling Residences

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, for buildings containing multiple dwelling residences, floor space allocated to building amenities, corridors, refuse storage or disposal, or access to elevated ground floor dwelling units may be exempted from the definition of floor area pursuant to Section 12-10, provided that the provisions of this Section, inclusive, are met. However, exempted floor space shall be considered floor area for the purposes of satisfying other ground floor level use regulations of this Resolution, including, but not limited to, limitations on floor area for certain uses, parking wrap and screening requirements, and requirements for floor area at the ground floor level

Such provisions may be applied to buildings developed after December 5, 2024, and to existing buildings where, after December 5, 2024, an enlargement, extension, conversion or other alteration results in newly created or altered floor space that conforms with such specific provisions of this Section, inclusive.   

23-31 General Provisions

In R6 through R12 Districts, the obstructions permitted within a front yard pursuant to Section 23-31, inclusive, may also be permitted in the open area between the street wall and the street line.

23-35 Court Regulations

Inner court regulations are set forth in Section 23-352 and outer court regulations are set forth in Section 23-353. Permitted obstructions in such courts are set forth in Section 23-351.

These regulations shall not apply to any single- or two-family detached residence.

A corner of a court may be cut off between walls of the same building, provided that the length of the wall of such cut-off does not exceed seven feet.

The Commissioner of Buildings may approve minor recesses, projections and architectural treatment of the outline of courts as long as these variations do not substantially change the depth or width of the court.

23-36 Maximum Lot Coverage

For developments or enlargements of residences, the maximum lot coverage regulations are set forth in Section 23-361 for R1 through R5 Districts and Section 23-362 for R6 through R12 Districts. Special rules for certain interior or through lots are set forth in Section 23-363. 

23-41 Permitted Obstructions
In all Residence Districts, the obstructions set forth in this Section, inclusive, shall be permitted to penetrate a maximum height limit set forth in Sections 23-42 (Height and Setback Requirements in R1 Through R5 Districts), 23-43 (Height and Setback Requirements for R6 Through R12 Districts) or 23-44 (Special Provisions for Certain Areas).
23-42 Height and Setback Requirements in R1 Through R5 Districts

R1 R2 R3 R4 R5

In the districts indicated, the height and setback regulations of a building or other structure shall be as set forth in Section 23-421 (Basic pitched-roof envelopes for certain districts) and 23-422 (Basic flat-roof envelopes for certain districts). Where applicable, standard setback provisions are set forth in Section 23-423. 

Such heights may be increased on qualifying residential sites or on zoning lots containing qualifying senior housing, or for certain large sites, pursuant to Sections 23-424 or 23-425, respectively.

Additional provisions are set forth in Section 23-426 and Section 23-44, inclusive.

The height of all buildings or other structures shall be measured from the base plane. For the purposes of this Section, where base planes of different elevations apply to different portions of a building or other structure, each such portion of the building may be considered to be a separate building. Furthermore, for the purposes of this Section, building segments may be considered to be separate buildings and abutting semi-detached buildings may be considered to be one building.

23-43 Height and Setback Requirements in R6 Through R12 Districts

R6 R7 R8 R9 R10 R11 R12

In the districts indicated, the street wall location of a building shall be as set forth in Section 23-431, the height and setback regulations of a building or other structure shall be as set forth in Section 23-432, and standard setback provisions shall be as set forth in Section 23-433.

The maximum heights set forth in Section 23-432 may be modified for zoning lots meeting certain criteria, in accordance with Section 23-434, or where towers are permitted in accordance with Section 23-435. Additional height and setback provisions are set forth in Section 23-436 and Section 23-44, inclusive.

The height of all buildings or other structures shall be measured from the base plane. For the purposes of this Section, where base planes of different elevations apply to different portions of a building or other structure, each such portion of the building may be considered to be a separate building.

Lot coverages for towers, including maximums and minimums, where applicable, shall be applied at every level. 

23-51 Applicability

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11R12

The provisions of Section 23-50 (DENSITY REGULATIONS), inclusive, shall apply to developments, enlargements or to existing buildings that increase the number of dwelling units. However, the provisions of this Section shall not apply to rooming units.

Any given floor area shall be counted only once in meeting the floor area requirements.

The provisions of this Section shall not apply to single- or two-family residences.

23-52 Maximum Number of Dwelling Units

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, for buildings containing multiple dwelling residences, the maximum number of dwelling units permitted shall be determined by dividing the maximum residential floor area permitted on the zoning lot by the applicable dwelling unit factor. The applicable dwelling unit factor shall be as follows:

  1. For the following types of multiple dwelling residences, there shall be no applicable dwelling unit factor:
    1. developments or enlargements of residences in special density areas
    2. qualifying senior housing; or
    3. conversions of any non-residential building, or portion thereof, to residences in the special density areas, or outside of special density areas, conversions of community facility buildings, or portions of buildings containing community facilities, to residences.
  2. For all other types of multiple dwelling residences, the applicable dwelling unit factor shall be 680. Fractions equal to or greater than three-quarters resulting from this calculation shall be considered to be one dwelling unit

In addition, for zoning lots with residential uses that have different dwelling unit factor applicability, for the purposes of calculating the maximum number of dwelling units permitted within buildings, or portions thereof, that are subject to a dwelling unit factor, the calculation shall exclude the floor area not subject to a dwelling unit factor before dividing by the dwelling unit factor. Where floor area in a building is shared by multiple residential uses, the floor area for such shared portion shall be attributed to each residential use proportionately, based on the percentage each residential use occupies of the total floor area of the zoning lot, less any shared floor area

 

23-62 Balconies

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, balconies may project into or over any open areas not occupied by buildings at that particular level, provided that:

  1. within any yards, courts, or other required open areas, such balcony shall:
    1. not project by more than one third of the depth of such areas specified above, or a distance greater than seven feet, whichever is less, as measured from the plane surface of the building wall from which it projects;
    2. not cover more than 10 percent of any open area required pursuant to Section 23-30, inclusive, or any outdoor recreation space provided pursuant to Section 23-63; and 
    3. have an aggregate width, at the level of any story, not exceeding 50 percent of the width at that level of the plane surface of the building wall from which it projects; and
  2. within any open areas, whether required or not, such balcony shall:
    1. be unenclosed except for building walls and parapets, railings, or safety guards, whether applied singly, or in combination, provided that: 
      1. parapets shall not exceed four feet in height; 
      2. railings shall not exceed 4 feet, 6 inches in height and shall be at least 50 percent open for the portion that exceeds four feet in height; and 
      3. safety guards shall not exceed 10 feet in height and shall be at least 90 percent transparent materials for the portion that exceeds four feet in height. In addition, where such balcony has a roofed portion above it, there shall be an opening that is not less than 40 percent of the height between the bottom of the roof and the finished floor level of such balcony.

          However, such balconies may be recessed into a building wall up to a maximum depth of six feet provided that at least 33 percent of the perimeter of such balcony is unenclosed except for a parapet, railing, or safety guard; and

    2. be located at least 13 feet above curb level, except that for buildings containing residences not more than 35 feet in height, such balcony may be located at or higher than the floor level of the second story provided that such balcony is located not lower than seven feet above curb level or seven feet above natural grade, whichever is higher.
23-63 Required Recreation Space in Multiple Dwelling Residences

All developments, enlargements, extensions or conversions in buildings that are multiple dwelling residences that result in nine or more new dwelling units after December 5, 2024 shall provide recreation space in accordance with this Section. 

Such recreation space may include, but shall not be limited to, fitness centers, pools, wellness services, sports courts, game rooms, outdoor spaces, or child play spaces.

The amount of recreation space required shall be equivalent to a minimum of three percent of the residential floor area of the building. Such space may be provided indoors or outdoors, singly or in combination. Where provided indoors, floor space may be exempted from the definition of floor area pursuant to Section 12-10 (DEFINITIONS), provided that the standards of Section 23-231 (Floor area provisions for amenities) are met. 

Additionally, such recreation space shall comply with the following standards:

  1. all recreation space shall be accessible to the residents of the building;
  2. the minimum dimension of any recreation space, in any direction, whether indoor or outdoor, shall be 15 feet;
  3. any outdoor recreation space shall be open to the sky, except that:
    1. building projections, not to exceed seven feet in depth, may cover up to 10 percent of the outdoor recreation space, provided that the lowest level of the projection is at least 10 feet above the level of the outdoor recreation space; and
    2. the combination of building projections, where provided, and any sun shading devices permitted pursuant to 23-311, including, but not limited to, arbors or trellises, awnings and other sun control devices, or canopies, may cover up to 50 percent; and
  4. any indoor recreation room shall have at least one exterior wall with windows, or ceiling with skylights, that measures not less than 9.5 percent of the total floor space of the room.
23-64 Modification to Existing Recreation Space

Recreation space provided in Quality Housing buildings, in buildings converted pursuant to Article I, Chapter, or in any other building as part of requirements in effect prior to December 5, 2024, or recreation space that is provided pursuant to the requirements of Section 23-63 (Required Recreation Space in Multiple Dwelling Residences) after December 5, 2024, may be modified, relocated or otherwise reconfigured, provided that the requirements of Section 23-63 are met for all newly created spaces.

24-01 Applicability of This Chapter

The bulk regulations of this Chapter apply to any zoning lot or portion of a zoning lot located in any Residence District which contains any community facility building, or to the community facility portion of any building located in any Residence District which is used for both residential and community facility uses, except where specifically modified by the provisions of this Chapter.

The bulk regulations of Article II, Chapter 3, shall apply to any zoning lot or portion of a zoning lot in any Residence District which contains a residential building, or to the residential portion of any building located in any Residence District which is used for both residential and community facility uses, except where specifically modified by the provisions of this Chapter.

In addition, the bulk regulations of this Chapter, or of specified sections thereof, also apply in other provisions of this Resolution where they are incorporated by cross reference.

24-02 Applicability in Special Situations

The conversion of non-residential floor area to residences shall be subject to the provisions of Article I, Chapter 5 (Residential Conversion Within Existing Buildings), unless such conversions meet the requirements for residential developments of Article II (Residence District Regulations).

Existing buildings or other structures that are non-complying buildings or other structures or existing buildings where an enlargement, conversion, extension, change of use or other alternation would create a non-compliance with the applicable bulk regulations are subject to the regulations set forth in Article V, Chapter 4.

Special regulations applying in certain areas are set forth in Article VI, inclusive.

Special permits that may be granted by the Board of Standards and Appeals are set forth in Article VII, Chapter 3. Special permits and authorizations that may be granted by the City Planning Commission are set forth in Article VII, Chapters 4 and 5, respectively.

Special regulations applying to large-scale residential developments or large-scale community facility developments are set forth in Article VII, Chapters 8 or 9, respectively. Special regulations applying to large-scale general developments are set forth in Section 74-74.

Any development or enlargement that occurs on or over a railroad right-of-way, or the inclusion of a railroad right-of-way in the lot area of a zoning lot less than one and a half acres, and that is not accessory to such railroad right-of-way, shall be certified by the Chairperson of the City Planning Commission pursuant to Section 75-41. In addition, the development or enlargement of a building on a zoning lot greater than one and a half acres that includes a railroad right-of-way or former railroad right-of-way, where such building is not accessory to a railroad right-of-way#, may be permitted by the Commission pursuant to Section 74-61

Special regulations applying only in Special Purpose Districts are set forth in Articles VIII, IX, X, XI, XII, XIII and XIV.

24-03 General Purposes of Community Facility Bulk Regulations

The following bulk regulations are adopted in order to protect residential areas against congestion and to encourage the development of desirable and stable residential neighborhoods.  In order to achieve these purposes, a direct control of the physical volume of buildings and their degree of lot coverage is established.

24-04 Applicability of Article II, Chapter 3 Regulations

For community facility buildings or buildings used partly for community facility use and partly for residential use, the following regulations shall apply with regard to the applicability of certain bulk regulations from Article II, Chapter 3.

  1. All bulk regulations
    1. In all districts, the bulk regulations of Article II, Chapter 3 (Residential Bulk Regulations in Residence Districts) for qualifying affordable housing may be applied to buildings subject to an affordable housing regulatory agreement if qualifying affordable housing includes community facility uses.
    2. In R3-1, R3A, R3X, R4-1, R4A, R4B or R5B Districts, the bulk regulations of this Chapter shall apply only to a zoning lot or portion of a zoning lot that contains a community facility building, and the bulk regulations of Article II, Chapter 3 (Residential Bulk Regulations in Residence Districts) shall apply to any zoning lot or portion of a zoning lot that contains any building that is used partly for community facility use and partly for residential use. In such districts, the bulk regulations of this Chapter may apply to the community facility portion of a building that is used partly for community facility use and partly for residential use only where:
      1. such community facility use has received tax-exempt status from the New York City Department of Finance, or its successor, pursuant to Section 420 of the New York State Real Property Tax Law; or
      2. such building has received an authorization pursuant to Section 24-06 (Modification of Bulk Regulations in Certain Districts).
  2. Height and setback
    1. In R6 through R12 Districts with a letter suffix, the height and setback regulations of Section 23-43 (Height and Setback Requirements in R6 Through R12 Districts), inclusive, shall be applied to all buildings in accordance with the applicable Residence District regulations.
    2. In all other Residence Districts, the residential height and setback regulations may be applied as follows:
      1. the height and setback regulations of Section 23-42 (Height and Setback Requirements in R1 Through R5 Districts), inclusive, may be applied in accordance with the applicable Residence District regulations;
      2. the height and setback regulations of Section 23-43, inclusive, may be applied in accordance with the applicable Residence District regulations.

        However, for Districts subject to the street wall location requirements of paragraph (b) of Section 23-431, such regulations need not apply to houses of worship listed under Use Group III(B).

        Any obstructions permitted to penetrate a maximum height limit pursuant to Section 23-41 (Permitted Obstructions), inclusive, shall also be permitted in addition to those set forth in Section 24-51 (Permitted Obstructions).
  3. Other bulk regulations

    Where the height and setback regulations of Article II, Chapter 3 are applied, the following residential bulk regulations may also be applied to the entire building:
    1. the yard regulations of Section 23-30, inclusive, applicable to a multiple dwelling residence;
    2. the maximum lot coverage requirements of Section 23-36, inclusive; and
    3. for community facility uses with sleeping accommodations:
      1. the special floor area allowances of Section 23-23, inclusive;
      2. the court regulations of Section 23-35, inclusive; and
      3. the distance between buildings and distance between legally required windows and lot lines regulations of Section 23-37.

Any obstructions permitted within a specific open area pursuant to Section 23-30, inclusive, shall also be permitted.

Where a particular bulk regulation of Article II, Chapter 3 is applied, it shall supersede the applicable regulations of Article II, Chapter 4.

For the purposes of applying such bulk provisions, uses shall be considered residential, and the term dwelling unit shall include “dwelling units” and “rooming units”, as set forth in the Housing Maintenance Code.

24-05 Buildings Containing Certain Community Facility Uses

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

  1. In R1 through R5 Districts in lower density growth management areas, the bulk regulations of this Chapter shall not apply to any zoning lot containing buildings used for:
    1. ambulatory diagnostic or treatment health care facilities listed under Use Group III(B), except where such zoning lot contains buildings used for hospitals or nursing homes as defined in the New York State Hospital Code; or
    2. child care services as listed under the definition of school in Section 12-10 (DEFINITIONS), except where such zoning lot contains buildings used for houses of worship or, for zoning lots that do not contain buildings used for houses of worship, where the amount of floor area used for child care services is equal to 25 percent or less of the amount of floor area permitted for community facility use on the zoning lot.
  2. In lieu thereof, the residential bulk regulations of Article II, Chapter 3, shall apply, except that:
    1. the minimum lot area for such zoning lots containing ambulatory diagnostic or treatment health care facilities shall be 5,700 square feet, and the minimum lot area for such zoning lots containing child care services shall be 10,000 square feet. In addition, each such zoning lot shall have a minimum lot width of 60 feet. Such lot width shall be applied as set forth in the definition of lot width in Section 12-10, provided that such lot width shall also be met along at least one street line of the zoning lot. No building, or portion thereof, shall be permitted between opposing side lot lines where such lot lines would be nearer to one another at any point than 60 feet;
    2. the provisions of Section 23-341 (Permitted obstructions in required yards or rear yard equivalents), inclusive, shall be modified to prohibit parking spaces of any kind within a front yard;
    3. in lieu of Section 23-332 (Basic side yard requirements in R1 through R5 Districts), Sections 24-35 (Minimum Required Side Yards) and 24-55 (Required Side and Rear Setbacks) shall apply; and
    4. for child care services in R1 and R2 Districts, the provisions of paragraph (9) in the definition of floor area in Section 12-10, pertaining to floor area exclusions for the lowest story of a residential building, shall not apply.

For such buildings, the authorization provisions of Section 24-06 (Modification of Bulk Regulations in Certain Districts) shall be inapplicable.

24-06 Modification of Bulk Regulations in Certain Districts

R3-1 R3A R3X R4-1 R4A R4B R5B

In the districts indicated, the City Planning Commission may authorize developments or enlargements, pursuant to the bulk regulations of this Chapter, provided that the Commission finds that:

(a)        the design of the development or enlargement ensures adequate separation of uses and sufficient independent access to each use; and

(b)        the floor area designated for community facility use is designed in a manner that is consistent with such use and physically distinguishes such space from that designated for residential use.

The Commission may prescribe additional safeguards to prevent the conversion of such community facility use to residential use.

Applications for authorizations shall be referred to the affected Community Board for a period of at least 30 days for comment.  The Commission shall grant in whole or in part or deny the application within 60 days of the completion of the Community Board review period.

24-07 Street Tree Planting

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, developments, or enlargements that increase the floor area on a zoning lot by 20 percent or more, shall provide street trees in accordance with Section 26-41 (Street Tree Planting).

 

 

24-08 Planting Strips

R1 R2 R3 R4 R5

In the districts indicated, developments, or enlargements that increase the floor area on a zoning lot by 20 percent or more, shall provide and maintain a planting strip in accordance with Section 26-42.

 

 

 

24-11 Maximum Floor Area Ratio and Percentage of Lot Coverage

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, for any zoning lot, the maximum floor area ratio and maximum percent of lot coverage for a community facility use shall not exceed the floor area ratio and lot coverage set forth in the table in this Section.

Any given lot area shall be counted only once in determining the floor area ratio.

 

MAXIMUM FLOOR AREA AND MAXIMUM LOT COVERAGE IN R1 THROUGH R5 DISTRICTS

Lot coverage (percent of lot area)

 

District

Floor Area Ratio

Corner Lot

 

Interior Lot or Through Lot

R1

1.00

60

55

R2

1.00

60

55

R3

1.00

60

55

R4

2.00

60

55

R5 R5A R5B

2.00

60

55

R5D

2.00

80

60

 

MAXIMUM FLOOR AREA AND MAXIMUM LOT COVERAGE IN R6 THROUGH R12 DISTRICTS FOR CONTEXTUAL DISTRICTS

Lot coverage

(percent of lot area)

District

Floor Area Ratio

Corner Lot

 

Interior Lot or Through Lot

R6A

3.00

80

60

R6B

2.00

80

60

R6D

2.50

80

65

R7A

4.00

80

65

R7B

3.00

80

65

R7D

4.66

80

65

R7X

5.00

80

70

R8A

6.50

80

70

R8B

4.00

80

70

R8X

6.00

80

70

R9A

7.50

80

70

R9D

9.00

80

70

R9X

9.00

80

70

R10A

10.00

100

70

R10X

10.00

100

70

R11A

12.00

100

70

 

MAXIMUM FLOOR AREA AND MAXIMUM LOT COVERAGE IN R6 THROUGH R12 DISTRICTS FOR NON-CONTEXTUAL DISTRICTS

  

Lot coverage

(percent of lot area)

DistrictFloor Area RatioCorner Lotinterior Lot or Through Lot
R6  R6-14.807065
R6-22.507065
R7-14.807065
R7-2  R7-36.507065
R86.507565
R9  R9-110.007565
R1010.007565
R1112.0010070
R1215.0010070
24-12 Height and Application of Lot Coverage

R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, the portion of a building containing a community facility use located at any height up to but not exceeding 23 feet above curb level or base plane, where applicable, may be excluded in determining the percentage of lot coverage set forth in Section 24-11 (Maximum Floor Area Ratio and Percentage of Lot Coverage). Obstructions permitted under the provisions of Section 24-33 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) shall not be included in lot coverage.

24-13 Floor Area Bonus for Deep Front and Wide Side Yards

R3 R4 R5

In the districts indicated, except R5D Districts, the maximum floor area ratio set forth in Section 24-11 (Maximum Floor Area Ratio and Percentage of Lot Coverage) may be increased to the floor area ratio set forth in the table in this Section, if yards are provided as follows:

(a)        on interior lots, a front yard not less than 30 feet in depth, and a side yard not less than 15 feet in width along any side lot line;

(b)        on corner lots, two front yards, each not less than 30 feet in depth;

(c)        on through lots, a front yard not less than 30 feet in depth along each front lot line, provided, however, that if the rear yard equivalent required for such through lot is provided as set forth in the alternative in paragraph (b) of Section 24-382 (Required rear yard equivalents), at least one side yard not less than 30 feet in width shall be provided in addition.

No portion of a rear yard equivalent that is also a front yard or a side yard as provided under this Section may contain any obstructions not permitted in a front yard or side yard under the provisions of Section 24-33 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

However, the provisions of this Section shall not apply to philanthropic or non-profit institutions with sleeping accommodations and long-term care facilities.

Districts

Maximum Floor Area Ratio Permitted

R3

1.60

R4

2.40

R5

2.40

24-14 Floor Area Bonus for a Public Plaza

R9 R10 R11 R12

In the districts indicated, for developments or enlargements with 25 percent or less of the total floor area of the building allocated to residential uses, for each square foot of a public plaza, subject to the provisions of Section 37-70, provided on a zoning lot, the total floor area permitted on that zoning lot under the provisions of Section 24-11 (Maximum Floor Area Ratio and Percentage of Lot Coverage) may be increased by six square feet.

24-15 Floor Area Bonus for Arcades

R9 R10 R11 R12

In the districts indicated, for developments or enlargements with 25 percent or less of the total floor area of the building allocated to residential uses, for each square foot of arcade provided on a zoning lot in accordance with the provisions of Section 37-80 (ARCADES), the total floor area permitted on that zoning lot under the provisions of Section 24-11 (Maximum Floor Area Ratio and Percentage of Lot Coverage) may be increased by three square feet.

24-16 Special Provisions for Zoning Lots Containing Both Community Facility and Residential Uses

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the provisions of this Section shall apply to any zoning lot containing community facility and residential uses.  

24-17 Special Provisions for Zoning Lots Divided by District Boundaries or Subject to Different Bulk Regulations

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts, as indicated, whenever a zoning lot is divided by a boundary between districts or is subject to bulk regulations resulting in different maximum floor area ratios or different maximum percentages of lot coverage, on portions of the zoning lot, the provisions set forth in Article VII, Chapter 7, shall apply.

24-31 Applicability of Yard Regulations

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, yards shall be provided as set forth in Sections 24-30 (YARD REGULATIONS) and 24-40 (SPECIAL PROVISIONS FOR ZONING LOTS DIVIDED BY DISTRICT BOUNDARIES), inclusive.  

For zoning lots with residential and community facility uses, front yards shall be provided pursuant to Article II, Chapter 3, where applicable, and side yards and rear yards shall be provided in accordance with this Chapter. The building articulation provisions of paragraph (b) of Section 23-426 (Additional height and setback provisions) shall apply to zoning lots with residential and community facility uses.

For the residential portion of a building with both residential and community facility uses, the required residential rear yard shall be provided at the floor level of the lowest story used for dwelling units, where any window of such dwelling units faces onto such rear yard.

24-32 Level of Yards and Measurement of Yard Width or Depth

In all Residence Districts, the level of a yard or of a rear yard equivalent shall not be higher than curb level, except that natural grade level need not be disturbed in order to comply with this requirement. No building or other structure shall be erected above ground level in any required yard or rear yard equivalent, except as otherwise provided in Section 24-33 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

In all Residence Districts, the width or depth of a yard or rear yard equivalent shall be measured perpendicular to lot lines.

24-33 Permitted Obstructions in Required Yards or Rear Yard Equivalents

In all Residence Districts, the obstructions set forth in Sections 23-311 (Permitted obstructions in all yards, courts and open areas) and 23-341 (Permitted obstructions in required rear yards or rear yard equivalents), as well as the following obstructions shall be permitted when located within a required yard or rear yard equivalent:

(a)        In any yard or rear yard equivalent:

(1)        Fences;

(2)        Parking spaces for automobiles or bicycles, off-street, open, accessory;

(3)       Energy infrastructure equipment and accessory mechanical equipment, subject to the requirements set forth in Section 23-312 (Additional permitted obstructions generally permitted in all yards);

(4)        Steps;

(5)        Walls, not exceeding eight feet in height and not roofed or part of a building.

(b)        In any rear yard or rear yard equivalent:

(1)        Balconies, unenclosed, subject to the provisions of Section 24-164;

(2)        Any building or portion of a building used for community facility uses, including accessory parking spaces for bicycles within such building, provided that the height of such building shall not exceed one story, nor in any event 23 feet above curb level, and further provided that the area within such building dedicated to accessory parking spaces for bicycles shall not exceed the area permitted to be excluded from floor area, pursuant to Section 25-85 (Floor Area Exemption). In addition, decks, parapet walls, roof thickness, skylights, vegetated roofs and weirs, pursuant to Section 24-51 (Permitted Obstructions), shall be permitted above such an accessory building, or portion thereof. However, the following shall not be permitted obstructions:

(i)        in all Residence Districts, any portion of a building containing rooms used for living or sleeping purposes, other than a room in a hospital used for the care or treatment of patients;

(ii)        in R1, R2, R3-1, R3A, R3X, R4-1 R4A or R4B Districts, any portion of a building used for any community facility use;

(iii)        in all Residence Districts not listed in paragraph (b)(2)(ii) of this Section, beyond 100 feet of a wide street, any portion of a building used for a community facility use other than a school, house of worship, college or university, or hospital and related facilities;

(3)        Parking spaces, off-street, accessory to a community facility use, provided that the height of an accessory building, or portion of a building used for such purposes, shall not exceed 15 feet above curb level. However, such accessory building or portion of a building shall not be a permitted obstruction in R1, R2, R3-1, R3A, R3X, R4-1, R4A or R4B Districts.

However, no portion of a rear yard equivalent which is also a required front yard or required side yard may contain any obstructions not permitted in such front yard or side yard.

24-34 Minimum Required Front Yards

R1 R2 R3 R4 R5

In the districts indicated, front yards shall be provided as set forth in the following table, except that for a corner lot in an R1-2 District, one front yard may have a depth of 15 feet.

District

Front Yard
(in feet)

R1

20

R2 R3 R4

15

R5

10

R5D

5*

*        In R5D Districts, the provisions set forth in Section 23-321 (Basic front yard requirements) shall apply.

24-35 Minimum Required Side Yards

R1 R2 R3 R4 R5

(a)        In the districts indicated, if a building containing a community facility use has an aggregate width of street walls equal to 80 feet or less or, for abutting buildings, if the combined aggregate width of street walls of all such abutting buildings on a zoning lot is equal to 80 feet or less, then two side yards shall be provided, each with a minimum required width of eight feet. If such building or buildings have an aggregate width of street walls equal to more than 80 feet, two side yards shall be provided, each equal to not less than 10 percent of the aggregate width of street walls. The provisions of this paragraph (a) shall not apply in R5D Districts. In lieu thereof, the side yard regulations set forth in Section 23-332 (Basic side yard requirements in R1 through R5 Districts), as applicable, shall apply.  

R6 R7 R8 R9 R10 R11 R12

(b)        In the districts indicated, no side yards are required.  However, if any open area extending along a side lot line is provided at any level, it shall be at least eight feet wide. The allowances for permitted obstructions in any yard or rear yard equivalent set forth in Section 24-33 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) shall be permitted in such open areas.

24-36 Minimum Required Rear Yards

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, a rear yard with a depth of not less than 30 feet shall be provided at every rear lot line on any zoning lot except as otherwise provided in Sections 24-37 (Special Provisions for Shallow Interior Lots), 24-38 (Special Provisions for Through Lots) or 24-39 (Other Special Provisions for Rear Yards). Rear yards shall also be provided along portions of side lot lines as set forth in Section 24-361 (Beyond one hundred feet of a street line).

24-37 Special Provisions for Shallow Interior Lots

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, if an interior lot consists entirely of a tract of land:

(a)        which was owned separately and individually from all other adjoining tracts of land, both on December 15, 1961 and on the date of application for a building permit; and

(b)        which is less than 70 feet deep at any point;

the depth of a required rear yard for such interior lot may be reduced by one foot for each foot by which the maximum depth of such zoning lot is less than 70 feet.  On any interior lot with a maximum depth of 50 feet or less, the minimum depth of a required rear yard shall be 10 feet.

24-38 Special Provisions for Through Lots

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the regulations of this Section shall apply to all through lots.  In the case of a zoning lot occupying an entire block, no rear yard or rear yard equivalent shall be required.

24-39 Other Special Provisions for Rear Yards

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the rear yard requirements set forth in Section 24-36 (Minimum Required Rear Yards) shall be modified, as set forth in this Section, inclusive.

24-41 Modifications of Rear Yard Regulations

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the regulations set forth in Section 24-393 (For zoning lots with multiple rear lot lines) may be modified in accordance with the provisions of Section 73-69 (Rear Yard Modifications).

24-51 Permitted Obstructions

In all Residence Districts, the obstructions set forth in Section 23-411 (General permitted obstructions), as well as the following obstructions, shall be permitted and may thus penetrate a maximum height limit or sky exposure plane set forth in Sections 24-52 (Maximum Height of Walls and Required Setbacks), 24-53 (Alternate Front Setbacks) or 24-591 (Limited Height Districts):

  1. Balconies, unenclosed, subject to the provisions of Section 24-164;
  2. Elevator or stair bulkheads (including shafts; and vestibules), roof water tanks, energy infrastructure equipment, and accessory mechanical equipment (including enclosures), other than solar or wind energy systems (whether accessory or as part of energy infrastructure equipment), provided that:
    1. such obstructions shall be located not less than 10 feet from the street wall of a building, except that such obstructions need not be set back more than 25 feet from a narrow street line or more than 20 feet from a wide street line. However, such restrictions on location shall not apply to elevator or stair bulkheads (including shafts or vestibules), provided the aggregate width of street walls of such bulkheads within 10 feet of a street wall, facing each street frontage, does not exceed 30 percent of the street wall width of the building facing such frontage;
    2. the aggregate area of such obstructions, including any screening, does not exceed 50 percent of the lot coverage of the building and the height of such obstructions shall not exceed 15 feet above the maximum permitted height, except where otherwise permitted by paragraph (3) of this Section;
    3. the aggregate area of such obstructions, including any screening, does not exceed 30 percent of the lot coverage of the building and the height of such obstructions shall not exceed:
      1. where the maximum permitted height of a building is 120 feet or lower, a height of 35 feet above the maximum permitted height;
      2. where the maximum permitted height of a building is greater than 120 feet, a height of 55 feet above the maximum permitted height; and
    4. all equipment shall be subject to the applicable provisions of Section 26-60 (SPECIAL SCREENING AND ENCLOSURE PROVISIONS);
  3. House of worship towers, ornamental, having no floor area in portion of tower penetrating such height limit or sky exposure plane;
  4. Qualifying rooftop greenhouses, up to 25 feet in height, provided that such obstruction shall be located not less than six feet from the street wall of the building;
  5. Spires or belfries;
  6. Wind energy systems, accessory or as part of energy infrastructure equipment, on portions of buildings with a height of 100 feet or greater, provided:
    1. the highest point of the wind turbine assembly does not exceed 55 feet;
    2. no portion of the wind turbine assembly is closer than 10 feet to any lot line; and
    3. the diameter of the swept area of the rotor does not exceed 15 feet.
24-52 Maximum Height of Walls and Required Setbacks

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the maximum height of a front wall or of any other portion of a building or other structure shall be as set forth in this Section, except as otherwise provided in Section 24-51 (Permitted Obstructions), 24-53 (Alternate Front Setbacks) or 24-54 (Tower Regulations).

24-53 Alternate Front Setbacks

R6 R7 R8 R9 R10 R11 R12

In the districts indicated without a letter suffix, if an open area is provided along the full length of the front lot line with the minimum depth set forth in the following table, the provisions of Section 24-52 (Maximum Height of Walls and Required Setbacks) shall not apply. The minimum depth of such an open area shall be measured perpendicular to the front lot line. However, in such instances, except as otherwise provided in Sections 24-51 (Permitted Obstructions) or 24-54 (Tower Regulations), no building or other structure shall penetrate the alternate sky exposure plane set forth in the table, and the sky exposure plane shall be measured from a point above the street line.

If the open area provided under the terms of this Section is a public plaza, such open area may be counted for the bonus provided for a public plaza in the districts indicated in Section 24-14 (Floor Area Bonus for a Public Plaza).

In R9 , R10, R11 or R12 Districts, the provisions of this Section shall be inapplicable to any development or enlargement with more than 25 percent of the total floor area of the building in residential use.

ALTERNATE REQUIRED FRONT SETBACKS

Depth of Optional Front Open Area
(in feet)

Alternate Sky Exposure Plane

Height above Street Line
(in feet)

Slope over Zoning Lot (expressed as a ratio of vertical distance to horizontal distance)

On Narrow Street

On Wide Street

On Narrow Street

On Wide Street

Vertical Distance

Horizontal Distance

Vertical Distance

Horizontal Distance

Within R6 or R7 Districts

15

10

60

3.7

to 1

7.6

to 1

Within R8 R9, R10, R11 or R12 Districts

15

10

85

3.7

to 1

7.6

to 1

Zoning Resolutions <a class='sec-link-inline' target='_blank' href='/article-ii/chapter-4#24-53'><span>24-53</span></a>.0

ALTERNATE SKY EXPOSURE PLANE
R6 R7 R8 R9 R10 R11 R12 Districts

 

 

24-54 Tower Regulations

R7-2 R7-3 R8 R9 R10 R11 R12

(a)        In the districts indicated without a letter suffix, any portion or portions of buildings which in the aggregate occupy not more than 40 percent of the lot area of a zoning lot or, for zoning lots of less than 20,000 square feet, the percentage set forth in the table in this Section, may penetrate an established sky exposure plane in accordance with the provisions of this Section. (Such portion of a building that penetrates a sky exposure plane is hereinafter referred to as a tower.)

LOT COVERAGE OF TOWERS ON SMALL ZONING LOTS

Area of Zoning Lot
(in square feet)

Maximum Percent of Lot Coverage

10,500 or less

50

10,501 to 11,500

49

11,501 to 12,500

48

12,501 to 13,500

47

13,501 to 14,500

46

14,501 to 15,500

45

15,501 to 16,500

44

16,501 to 17,500

43

17,501 to 18,500

42

18,501 to 19,999

41

Buildings developed or enlarged with towers shall comply with either tower-on-a-base regulations or standard tower regulations as follows:

 

(1)        Applicability of tower-on-a-base regulations

The tower-on-a-base regulations of Section 23-442 (Special provisions for certain community districts) shall apply in R9 and R10 Districts to any such building that:

(i)        is located on a zoning lot that fronts upon a wide street and is either within 125 feet from such wide street frontage along the short dimension of the block or within 100 feet from such wide street frontage along the long dimension of the block; and

(ii)        contains more than 25 percent of its total floor area in residential use.

If a portion of such building is developed or enlarged as a tower the entire zoning lot shall comply with the provisions of Section 23-442.

(2)        Applicability of standard tower regulations

In R7-2, R7-3 and R8 Districts, for buildings developed or enlarged as towers, where such towers are comprised, at every level, of only community facility uses; and in R9 and R10 Districts, for any building developed or enlarged as a tower that does not meet the location and floor area criteria of paragraph (a)(1) of this Section the tower provisions of this Section may be applied.

At all levels, a tower shall be located not less than 15 feet from the street line of a narrow street and not less than 10 feet from the street line of a wide street.

Unenclosed balconies, subject to the provisions of Section 23-62 (Balconies), are permitted to project into or over open areas not occupied by towers.

(b)        Inapplicability of tower regulations

R7-2 R7-3 R8 R9 R10 R11 R12

In the districts indicated, the provisions of this Section shall not apply to any development or enlargement located wholly or partly in a Residence District that is within 100 feet of a public park with an area of one acre or more, or a street line opposite such a public park.

 

24-55 Required Side and Rear Setbacks

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, side and rear setbacks shall be provided as specified in this Section. Unenclosed balconies, subject to the provisions of Section 24-164 (Balconies); and awnings and other sun control devices, decks, qualifying exterior wall thickness, parapet walls, roof thickness, solar energy systems up to four feet high, vegetated roofs, and weirs, as set forth in Section 24-51 (Permitted Obstructions), are permitted to project into or over any open areas required by the provisions of this Section.

24-56 Special Height and Setback Provisions for Certain Areas

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

  1. For Zoning Lots Directly Adjoining Public Parks

    In all districts, as indicated, a public park with an area of between one and 15 acres shall be considered a wide street for the purpose of applying the regulations set forth in Section 24-52 (Maximum Height of Walls and Required Setbacks) to any building or other structure on a zoning lot adjoining such public park. However, the provisions of this Section shall not apply to a public park more than 75 percent of which is paved.
  2. Community District 6, Manhattan

    In Community District 6 in the Borough of Manhattan, for buildings developed or enlarged with towers in R10 Districts located east of First Avenue and north of East 51st Street, the provision of paragraph (a)(1) of Section 24-54 (Tower Regulations) shall be modified to require that the tower-on-a-base provisions of Section 23-441 (Special tower provisions) apply to all buildings where more than 25 percent of the total floor area of the building is allocated to residential uses, irrespective of whether the building has wide street or narrow street frontage. However, such provisions shall be modified in accordance with the provisions of Section 23-442 (Special provisions for certain community districts).
  3. Community District 9, Manhattan

    Within the boundaries of Community District 9 in the Borough of Manhattan, all buildings located in R8 Districts north of West 125th Street shall be developed or enlarged pursuant to the residential bulk regulations of Section 23-443.
  4. Community District 9, Brooklyn

    Notwithstanding any other provisions of this Resolution, in Mandatory Inclusionary Housing areas within the portion of Community District 9 in the Borough of Brooklyn, on the block bounded by Montgomery Street, Washington Avenue, Sullivan Place, and Franklin Avenue, any building or other structure hereafter constructed or any existing building or other structure hereafter relocated, enlarged or reconstructed shall comply with the provisions of Section 23-442(b)(2), inclusive.
24-57 Modifications of Height and Setback Regulations

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, for certain community facility uses in specified situations, the Board of Standards and Appeals may modify the regulations set forth in Sections 24-50 through 24-55, inclusive, and paragraphs (b) and (c) of Section 24-56, relating to height and setback regulations, in accordance with the provisions of Section 73-64 (Modifications for Community Facility Uses).

In Community District 6 in the Borough of Brooklyn, the following streets shall be considered narrow streets for the purposes of applying height and setback regulations: Second, Carroll and President Streets, between Smith and Hoyt Streets; First Place, Second Place, Third Place and Fourth Place.

24-58 Special Provisions for Zoning Lots Divided by District Boundaries

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, whenever a zoning lot is divided by a boundary between districts, or is subject to other regulations resulting in different height and setback regulations, or whenever a zoning lot is divided by a boundary between a district to which the provisions of Section 24-54 (Tower Regulations) apply and a district to which such provisions do not apply, the provisions set forth in Article VII, Chapter 7, shall apply.

24-59 Special Height Limitations

The provisions of this Section, inclusive, shall apply to buildings utilizing the sky exposure plane provisions of this Chapter. In no event shall such provisions apply to buildings that utilize the residential height and setback regulations of Section 23-40, inclusive.

24-61 General Provisions and Applicability

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the provisions set forth in Sections 24-62 to 24-66, inclusive, relating to Court Regulations and Minimum Distance between Windows and Walls or Lot Lines, shall apply only to community facility buildings or portions of buildings used for community facility use containing living accommodations with required windows. For the purposes of these Sections, a required window shall be deemed to be a window or part of a window that:

(a)        opens into any room used for living or sleeping purposes, other than a room in a hospital used for the care or treatment of patients; and

(b)        is required to provide adequate light or ventilation to such room by any applicable law or statute.

The provisions of Sections 24-62 through 24-67, inclusive, shall apply only to portions of buildings at or above the sill level of the lowest required window. For the purposes of these Sections, abutting buildings on a single zoning lot shall be considered a single building.

24-62 Minimum Dimensions of Courts

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the minimum distance between different walls of the same building shall conform to the regulations set forth in the following Sections:

Section 24-63        (Outer Court Regulations)

 

Section 24-64        (Inner Court Regulations)

 

Section 24-65        (Minimum Distance Between Required Windows and Walls or Lot Lines).

 

A corner of a court may be cut off between walls of the same building, provided that the length of the wall of such cut-off does not exceed seven feet.

The Commissioner of Buildings may approve minor recesses, projections and architectural treatment of the outline of courts as long as these variations do not substantially change the depth or width of the court.

24-63 Outer Court Regulations

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, outer courts shall be in compliance with the provisions of this Section.

24-64 Inner Court Regulations

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, inner courts shall be in compliance with the provisions of this Section.

24-65 Minimum Distance Between Required Windows and Walls or Lot Lines

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the minimum distance between required windows and walls or lot lines shall be as set forth in this Section, except that this Section shall not apply to required windows in buildings of three stories or less.

24-66 Modifications of Court Regulations or Distance Requirements

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, for certain community facility uses in specified situations, the Board of Standards and Appeals may modify the regulations set forth in Sections 24-61 to 24-65, inclusive, relating to Court Regulations and Minimum Distance between Windows and Walls or Lot Lines, in accordance with the provisions of Section 73-64 (Modifications for Community Facility Uses).

24-67 Permitted Obstructions in Courts

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the obstructions permitted for any yard set forth in Section 23-311 (Permitted obstructions in all yards, courts and open areas), as well as the following, shall not be considered obstructions when located within a court. For the purposes of applying such allowances to courts, all percentage calculations shall be applied to the area of the court instead of the yard:

(a)        Energy infrastructure equipment and accessory mechanical equipment, subject to the requirements set forth in paragraph (g) of Section 23-312;

(b)        Fences;

(c)        Fire escapes in inner courts, where such fire escapes are required as a result of alterations in buildings existing before December 15, 1961;

Fire escapes in outer courts;

Fire escapes in outer court recesses, not more than five feet in depth;

Fire escapes in outer court recesses, more than five feet in depth, where such fire escapes are required as a result of alterations in buildings existing before December 15, 1961;

(d)        Recreational or yard drying equipment;

(e)        Steps.

In addition, for courts at a level higher than the first story, decks, skylights, parapet walls, roof thickness, solar energy systems up to four feet high, vegetated roofs, and weirs, as set forth in Section 24-51 (Permitted Obstructions), shall be permitted.

25-01 General Purposes

The following regulations on permitted and required accessory off-street parking spaces and accessory bicycle parking spaces are adopted in order to provide needed space off the streets for parking in connection with new residences, to reduce traffic congestion resulting from the use of streets as places for storage of automobiles, to protect the residential character of neighborhoods, to provide for a higher standard of residential development within the City and thus to promote and protect public health, safety and general welfare.

25-02 Applicability

Except as otherwise provided in this Section, the regulations of this Chapter on permitted or required accessory off-street parking spaces and accessory bicycle parking spaces apply to residences, community facility uses or commercial uses, as set forth in the provisions of the various Sections.

25-11 General Provisions

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, accessory off-street parking spaces may be provided for residences, for permitted community facility uses, for commercial uses permitted as accessory uses in large-scale residential developments, or for uses permitted by special permit, subject to the provisions set forth in the following Sections:

Section 25-12        (Maximum Size of Accessory Group Parking Facilities)

Section 25-15        (Maximum Spaces for Single-Family Detached Residences)

Section 25-16        (Maximum Spaces for Other Residences)

Section 25-18        (Maximum Spaces for Permitted Community Facility or Commercial Uses).

Such accessory off-street parking spaces may be open or enclosed. However, except as otherwise provided in Sections 73-47 (Roof Parking) or 74-531 (Additional parking spaces or roof parking for accessory group parking facilities), no spaces shall be located on any roof which is immediately above a story other than a basement.

25-12 Maximum Size of Accessory Group Parking Facilities

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, no group parking facility accessory to residences shall contain more than 200 off-street parking spaces, and no such facility accessory to permitted community facility or commercial uses shall contain more than 150 off-street parking spaces, except as provided in Section 25-13 (Modification of Maximum Size of Accessory Group Parking Facilities).

25-13 Modification of Maximum Size of Accessory Group Parking Facilities

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, a group parking facility may contain additional spaces not to exceed 50 percent of the maximum number otherwise permitted under the provisions of Section 25-12 (Maximum Size of Accessory Group Parking Facilities), if the Commissioner of Buildings determines that:

(a)        access for such facility is located so as to draw a minimum of vehicular traffic to and through streets having predominantly residential frontages;

(b)        such facility has separate vehicular entrances and exits thereto, located not less than 25 feet apart;

(c)        such facility, if accessory to a permitted community facility or commercial use is located on a street not less than 60 feet in width; and

(d)        such facility, if accessory to a permitted commercial use, has adequate reservoir space at the entrance to accommodate a minimum of 10 automobiles.

The Commissioner of Buildings shall establish appropriate additional regulations with respect to the design of such facility to minimize adverse effects on the character of the surrounding area, such as requirements for shielding of floodlights.

25-15 Maximum Spaces for Single-Family Detached Residences

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, not more than three off-street parking spaces shall be provided for a single-family detached residence, except on zoning lots with a lot area of 10,000 square feet or more. For the purposes of this Section, a driveway shall not be considered as off-street parking space.

25-16 Maximum Spaces for Other Than Single-Family Detached Residences

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, for zoning lots occupied by residential uses other than single-family residences, no more than two off-street parking spaces accessory to such residences shall be provided for each dwelling unit located on the zoning lot.

25-17 Modification of Maximum Spaces for Other Than Single-Family Detached Residences

R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, a greater number of off-street parking spaces than permitted under the provisions of Section 25-16 (Maximum Spaces for Other Residences) may be provided if the Commissioner of Buildings determines that:

(a)        such additional spaces are needed for the occupants of residences to which such spaces are accessory, in order to prevent excessive on-street parking; and

(b)        such spaces are designed in such a way as to minimize traffic on streets with predominantly residential frontages.

The Commissioner of Buildings shall establish appropriate additional regulations with respect to the design of the parking areas to minimize adverse effects on the character of surrounding areas.

25-18 Maximum Spaces for Permitted Community Facility or Commercial Uses

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, on a zoning lot used for permitted community facility or commercial uses, not more than one off-street parking space shall be provided for every 400 square feet of lot area, except as provided in Section 25-19 (Modification of Maximum Spaces for Permitted Community Facility or Commercial Uses).

25-19 Modification of Maximum Spaces for Permitted Community Facility or Commercial Uses

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, a greater number of off-street parking spaces than permitted under the provisions of Section 25-18 (Maximum Spaces for Permitted Community Facility or Commercial Uses) may be provided if the Commissioner of Buildings determines that:

(a)        such additional spaces are needed for the occupants, visitors, customers, or employees of the use or uses to which such spaces are accessory; and

(b)        such spaces are designed in such a way as to minimize traffic on streets with predominantly residential frontages.

The Commissioner of Buildings shall establish appropriate additional regulations with respect to the design of the parking area, to minimize adverse effects on the character of surrounding areas.

25-31 General Provisions

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, accessory off-street parking spaces, open or enclosed, shall be provided in conformity with the requirements set forth in the table at the end of this Section for all development after December 15, 1961, for the uses listed in the table. In addition, all other applicable requirements of this Chapter shall apply as a condition precedent to the use of such development.

After December 15, 1961, if an enlargement results in a net increase in the floor area or other applicable unit of measurement specified in the table in this Section, the same requirements set forth in the table shall apply to such net increase in the floor area or other specified unit of measurement.

A parking space is required for a portion of a unit of measurement one-half or more of the amount set forth in the table.

For the purposes of this Section, a tract of land on which a group of such uses is developed under single ownership or control shall be considered a single zoning lot.

For those uses for which rated capacity is specified as the unit of measurement, the Commissioner of Buildings shall determine the rated capacity as the number of persons which may be accommodated by such uses.

The requirements of this Section shall be waived in the following situations:

  1. when, as the result of the application of such requirements, a smaller number of spaces would be required than is specified by the provisions of Section 25-33 (Waiver of Requirements for Spaces Below Minimum Number);
  2. when the Commissioner of Buildings has certified, in accordance with the provisions of Section 25-34 (Waiver of Requirements for All Zoning Lots Where Access Would Be Forbidden) that there is no way to arrange the spaces with access to the street to conform to the provisions of Section 25-63 (Location of Access to the Street); or
  3. for certain zoning lots, developments or enlargements below minimum thresholds pursuant to Section 25-36 (Waiver of Requirements for Certain Small Zoning Lots).

For the purposes of applying the loading requirements of this Chapter, uses are grouped into the following Parking Requirement Categories (PRC) based on how requirements are measured. The specific designations for uses are set forth in the Use Group tables. 

Parking Requirement Category

Type of Requirement

PRC – A

square feet of floor area

PRC – B

person-rated capacity

PRC – C

square feet of lot area

PRC – D

square feet of floor area, or number of employees

PRC – E

number of beds

PRC – F

guest rooms or suites

PRC – G

other

REQUIRED OFF-STREET PARKING SPACES FOR NON-RESIDENTIAL USES 

Parking Requirement Category

PRC - A

PRC- B

PRC - C

A1 1

A2 1

A3

A4

B1

B2

B3

Unit of measurement

per square feet of floor area 2

per persons-rated capacity

per square feet of lot area

R1 R2

1 per 100

1 per 150

n/a

n/a

n/a

1 per 8

1 per 10 3

n/a

R3

1 per 400

R4 R5

1 per 200

1 per 300

1 per 500

R6 R7-1 R7B

1 per 300

1 per 400

1 per 800

1 per 16

1 per 20 3

R7-2 R7-3 R7A R7D R7X R8 R9 R10 R11 R12

None required

None required

None required

None required

None required

1    For accessory commercial uses in large-scale residential developments.

2    For ambulatory diagnostic or treatment facilities listed under Use Group III(B), cellar space, except cellar space used for storage shall be included to determine parking requirements. However, in lower density growth management areas, all cellar space, including storage space, shall be used to determine parking requirements.

3    In R5, R6 and R7-1 Districts, no accessory off-street parking spaces shall be required for that portion of a non-profit neighborhood settlement house or community center which is used for youth-oriented activities.

Parking Requirement Category

PRC - D

PRC - E

PRC - F

D1

D2

E1

E2

E3 5

F1

F2

Unit of measurement

per square feet of floor area or per employees

per bed

per guest room or suites

R1 R2

n/a

n/a

1 per 5 4

1 per 6

1 per 10

n/a

n/a

R3

R4 R5

R6 R7-1 R7B

1 per 8 4

1 per 12

1 per 20

R7-2 R7-3 R7A R7D R7X R8 R9 R10 R11 R12

1 per 10 4

None required

None required

4    Parking requirements for uses in PRC-E1 are in addition to area utilized for ambulance parking.

5    Independent living dwelling units within a continuing care retirement community shall be subject to the accessory off-street parking requirements of Section 25-20. For the purposes of applying such requirements, dwelling units shall be as defined in Section 12-10.

Parking Requirement Category

PRC - G

Agricultural uses

Outdoor racket courts

Outdoor skating rinks

Colleges, universities or seminaries

Schools

Libraries, museums or non-commercial art galleries

Unit of measurement

per square feet of lot area used for selling purposes

per court

per square feet of lot area

per square feet of floor area used for classrooms, laboratories, student centers or offices

per square feet of floor area

per square feet of floor area 6

R1 R2

1 per 1,000

1 per 2

1 per 800

1 per 1,000

1 per 1,500

1 per 1,000

R3

None required

R4 R5

R6 R7-1 R7B

1 per 2,500

1 per 5

1 per 2,000

1 per 2,000

1 per 2,000

R7-2 R7-3 R7A R7D R7X R8 R9 R10 R11 R12

None required

None required

None required

None required

None required

6    Parking requirements for libraries, museums or non-commercial art galleries shall not apply to floor area used for storage.

Parking Requirement Category

PRC - G (continued)

Court houses

Fire or Police stations

Prisons

Docks

Camps, overnight and day

Post offices 7

Funeral establishments

Riding academies or stables

Unit of measurement

per square feet of floor area

per square feet of floor area

per beds-rated capacity

see Section 62-43

per square feet of lot area or per employees

per square feet of floor area

per square feet of floor area

per square feet of floor area

R1 R2

n/a

1 per 500

n/a

see Section 62-43

1 per 2,000 or 1 per 3

1 per 800

n/a

1 per 500

R3

R4 R5

1 per 1,200

R6 R7-1 R7B

1 per 800

1 per 1,500

1 per 800

R7-2 R7-3 R7A R7D R7X R8 R9 R10 R11 R12

None required

None required

None required

7    For accessory commercial uses in large-scale residential developments.

25-32 Special Provisions for a Single Zoning Lot With Uses Subject to Different Parking Requirements

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, where any building or zoning lot contains two or more uses having different parking requirements as set forth in the following Sections, the parking requirements for each type of use shall apply to the extent of that use.

Section 25-20        (REQUIRED ACCESSORY OFF-STREET PARKING SPACES FOR RESIDENCES)

Section 25-31        (General Provisions)

25-33 Waiver of Requirements for Spaces Below Minimum Number

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, except for the uses listed in Section 25-331 (Exceptions to application of waiver provisions), the parking requirements set forth in Sections 25-31 (General Provisions) or 25-32 (Special Provisions for a Single Zoning Lot With Uses Subject to Different Parking Requirements) shall not apply to permitted non-residential uses if the total number of accessory off-street parking spaces required for all such uses on the zoning lot is less than the number of spaces set forth in the following table:

DistrictsNumber of Spaces
R1 R2 R3 R4 R510
R6 R7-1 R7B25
R7-2 R7-3 R7A R7D R7X R8 R9 R10 R11 R1249

25-34 Waiver of Requirements for All Zoning Lots Where Access Would Be Forbidden

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the requirements set forth in Sections 25-31 (General Provisions) and 25-32 (Special Provisions for a Single Zoning Lot With Uses Subject to Different Parking Requirements) shall not apply to any building or zoning lot as to which the Commissioner of Buildings has certified that there is no way to arrange the required spaces with access to the street to conform to the provisions of Section 25-63 (Location of Access to the Street). The Commissioner of Buildings may refer such matter to the Department of Transportation for a report and may base the determination on such report.

25-35 Special Provisions for Zoning Lots Divided by District Boundaries

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, whenever a zoning lot is divided by a boundary between districts having different requirements for accessory off-street parking spaces, the provisions set forth in Article VII, Chapter 7, shall apply.

25-36 Waiver of Requirements for Certain Small Zoning Lots

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the parking requirements of Section 25-31 (General Provisions) for camps, overnight or day, shall only apply to developments or enlargements with a minimum of either 10,000 square feet of lot area or 10 employees.

25-37 Waiver for Mixed-Use Developments

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the non-residential parking requirements of Section 25-30 shall be waived for uses located within buildings containing residences on any zoning lot:

  1. within the special mixed use parking area;
  2. with a lot area of 10,000 square feet or less that is located within the remaining portion of the Outer Transit Zone; or
  3. with a lot area of 5,000 square feet or less that is located outside the Greater Transit Zone.
25-41 Use of Spaces Accessory to Permitted Residential Uses

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, all permitted or required off-street parking spaces, open or enclosed, which are accessory to residences shall be designed and operated primarily for the long-term storage of the private passenger motor vehicles used by the occupants of such residences, except as set forth in this Section.

  1. Within individual parking spaces:

    accessory off-street parking spaces may be rented for periods of not less than one week and not more than one month to persons who are not occupants of such residences; and 
  2. Within group parking facilities:
    1. in the Inner Transit Zone, all accessory off-street parking spaces may be made available for public use. Outside the Inner Transit Zone, accessory off-street parking spaces may be rented for periods of not less than one week and not more than one month to persons who are not occupants of such residences; and
    2. up to five spaces or 20 percent of all accessory off-street parking spaces, whichever is greater, may be allocated to:
      1. publicly available electric vehicle charging facilities not otherwise permitted pursuant to Section 25-44, including accessory equipment and electric vehicle parking spaces. Accessory off-street parking spaces shall be restored when such charging facilities are removed; or
      2. car sharing vehicles.

However, spaces designed and operated pursuant to paragraphs (a) and (b) of this Section shall be made available to the occupants of the residences to which they are accessory within 30 days of a written request to the landlord.

25-42 Use of Spaces Accessory to Permitted Non-residential Uses

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, all permitted or required off-street parking spaces, open or enclosed, which are accessory to permitted non-residential uses shall be used only by occupants, visitors, customers or employees of such uses and shall not be rented, except as set forth in this Section.

In R3-2 through R12 Districts, other than other than R4-1, R4A, R4B and R5A Districts, up to five spaces or 20 percent of all accessory off-street parking spaces, whichever is greater, may be allocated to:

  1. publicly available electric vehicle charging facilities not otherwise permitted pursuant to Section 25-44, including accessory equipment and electric vehicle parking spaces. Accessory off-street parking spaces shall be restored when such charging facilities are removed; or
  2. car sharing vehicles.
25-43 Restrictions on Automotive Repairs and Sale of Motor Fuel

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, automotive repairs or the sale of motor fuel, motor oil or automotive accessories are not permitted, except as provided in this Section in specified districts.

25-44 Electric Vehicle Charging

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, electric vehicle charging facilities shall be permitted at all accessory off-street parking spaces. Such charging shall be for the owners, occupants, employees, customers, residents or visitors using such accessory parking spaces.

25-51 General Provisions

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, all permitted or required off-street parking spaces, open or enclosed, accessory to residences, to permitted community facility uses, to commercial uses permitted as accessory uses in large-scale residential developments, or to uses permitted by special permit, shall be provided on the same zoning lot as the building or use to which such spaces are accessory, except as provided in the following Sections:

Section 25-52         (Off-site Spaces for Residences)

Section 25-53         (Off-site Spaces for Permitted Non-residential Uses)

Section 25-54         (Joint and Shared Facilities)

Section 25-55         (Additional Regulations for Required Spaces When Provided Off Site)

Section 73-45         (Modification of Off-site Parking Provisions)

25-52 Off-site Spaces for Residences

R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, all permitted or required off-street parking spaces accessory to residences may be provided on a zoning lot other than the same zoning lot as the residences to which such spaces are accessory, provided that in such instances all such spaces are:

  1. located in a district other than a Residence District or a C7 District, or provided in a joint facility located in a district other than an R1 or R2 District, on the same zoning lot as one of the buildings to which it is accessory, and conforming to the provisions of Section 25-541 (Joint Facilities);
  2. not further than the maximum distance from the zoning lot specified in Section 25-521; and
  3. enclosed, except that such spaces may be unenclosed provided that the zoning lot on which such spaces are located does not contain a residential use.
25-53 Off-site Spaces for Permitted Non-residential Uses

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, off-site parking spaces may be provided in accordance with the provisions set forth in this Section, inclusive.

25-55 Additional Regulations for Required Spaces When Provided Off Site

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, when required accessory off-street parking spaces are provided off the site in accordance with the provisions of Sections 25-52 (Off-site Spaces for Residences), 25-53 (Off-site Spaces for Permitted Non-residential Uses) or 25-54 (Joint and Shared Facilities), the following additional regulations shall apply:

  1. Such spaces shall be in the same ownership (single fee ownership or alternative ownership arrangements of the zoning lot definition in Section 12-10) as the use to which they are accessory, and shall be subject to deed restrictions filed in an office of record, binding the owner and the owner’s heirs and assigns to maintain the required number of spaces available throughout the life of such use.
  2. Such spaces shall conform to all applicable regulations of the district in which they are located.
25-61 General Provisions

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, all permitted or required accessory off-street parking spaces shall conform to the provisions of the following Sections:

Section 25-62    (Size and Location of Spaces)

Section 25-63    (Location of Access to the Street)

Section 25-64    (Surfacing)

Section 25-65    (Screening)

Section 25-66 (Parking Lot Landscaping)

Section 25-67 (For Parking Facilities Containing Car Sharing Vehicles)

No portion of a side lot ribbon shall be less than eight feet wide and no portion shall be more than 10 feet wide on an interior lot or through lot and not more than 20 feet wide on a corner lot. If two zoning lots share a common side lot ribbon along a common side lot line, the width of a shared side lot ribbon must be at least eight feet.

Special regulations applying to large-scale residential developments are set forth in Article VII, Chapter 8, and to large-scale community facility developments in Article VII, Chapter 9.

25-62 Size and Location of Spaces

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

  1. Minimum maneuvering space

    In all districts, as indicated, for all accessory off-street parking spaces, open or enclosed, each 300 square feet of unobstructed standing or maneuvering area shall be considered one parking space, except as follows:
    1. Standard attended facilities

      An area of less than 300 square feet, but in no event less than 200 square feet, may be considered as one space, where the layout and design of the parking area are adequate to permit convenient access and maneuvering in accordance with regulations promulgated by the Commissioner of Buildings, or where the developer or applicant for a building permit or certificate of occupancy certifies that such spaces will be fully attended.

      In any case where a reduction of the required area per parking space is permitted on the basis of the developer's certification that such spaces will be fully attended, it shall be set forth in the certificate of occupancy that paid attendants employed by the owners or operators of such spaces shall be available to handle the parking and moving of automobiles at all times when such spaces are in use.
    2. Attended facilities with parking lift systems

      For portions of an attended parking facility with parking lift systems, each individually lifted tray upon which a vehicle is stored shall be considered one parking space. Any other attended space not on a lifted tray shall be subject to the provisions of paragraph (a)(1) of this Section.
    3. Automated parking facilities

      For automated parking facilities, each tray upon which a vehicle is stored shall constitute one parking space. The term “tray” shall refer to the structural support for vehicle storage in both pallet and non-pallet vehicle storage systems.

      However, auxiliary parking trays in automated parking facilities may be exempted from constituting a parking space where the Commissioner of Buildings determines that such auxiliary parking trays are necessary to store and retrieve vehicles for the efficient operation of such automated parking facility.
    4. Single- and two-family residences

      For accessory off-street parking spaces serving single- or two-family residences, an area of less than 300 square feet may be considered as one space.
  2. Driveway access

    Driveways used to access parking spaces must be unobstructed for a width of at least eight feet and a height of eight feet above grade and, if connecting to a street, such driveway may only be accessed by a curb cut.
  3. Minimum size for each parking space

    In no event shall the dimensions of any parking stall be less than 18 feet long and 8 feet, 6 inches wide.

    However, the width of a parking stall may be reduced to eight feet for detached, semi-detached or zero lot line buildings on a zoning lot where not more than four accessory parking spaces are provided if such accessory parking spaces are located in a side lot ribbon and are subject to the provisions of Section 25-621 (Location of parking spaces in certain districts).
  4. Special rules for certain areas

    In the Borough of Staten Island and in lower density growth management areas in Community District 10, Borough of the Bronx, for community facility uses, each parking space in a parking area not within a building shall be within a parking stall accessed from a travel aisle, where each such stall and aisle complies with the maneuverability standards of paragraph (b) of Section 36-57 (Parking Lot Maneuverability and Curb Cut Regulations). The use of an attendant shall be permitted only where necessary to accommodate additional, permitted parking spaces within the travel aisles. For such open parking areas with 18 or more spaces, or greater than 6,000 square feet in area, the provisions of Section 37-90 (PARKING LOTS) shall also apply.
25-63 Location of Access to the Street

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the entrances and exits for all accessory group parking facilities with 10 or more spaces shall be located not less than 50 feet from the intersection of any two street lines.  However, access located within 50 feet of such intersection may be permitted if the Commissioner of Buildings certifies that such a location is not hazardous to traffic safety and not likely to create traffic congestion. The Commissioner of Buildings may refer such matter to the Department of Transportation for a report and may base his determination on such report.

The waiver provisions of Section 25-34 (Waiver of Requirements for All Zoning Lots Where Access Would Be Forbidden) shall apply when the Commissioner of Buildings has certified that there is no way to arrange the spaces with access to the street to conform to the provisions of this Section.

25-64 Surfacing

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, all open off-street parking spaces shall be surfaced with permeable paving materials, asphaltic or Portland cement concrete, or other hard-surfaced dustless material.

25-65 Screening

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

(a)        In all districts, as indicated, except where such districts are located in lower density growth management areas, all open off-street parking areas or groups of individual garages with 10 spaces or more, that are located either at natural grade or on a roof, shall be screened from all adjoining zoning lots, including such zoning lots situated across a street, by either:

(1)        a strip at least four feet wide, densely planted with shrubs or trees that are at least four feet high at the time of planting and that are of a type which may be expected to form a year-round dense screen at least six feet high within three years; or

(2)        a wall or barrier or uniformly painted fence of fire-resistant material at least six feet high, but not more than eight feet above finished grade (or above the roof level, if on a roof).  Such wall, barrier or fence may be opaque or perforated, provided that not more than 50 percent of the face is open.

For community facilities located in R1, R2, R3, R4 or R5 Districts, except for any parking that is located on a roof, all such parking shall be screened pursuant to paragraph (a)(1) of this Section.

In addition, such screening shall be maintained in good condition at all times, may be interrupted by normal entrances or exits and shall have no signs hung or attached thereto other than those permitted in Section 22-323 (Signs for parking areas).

(b)        In lower density growth management areas, all open parking areas with five or more spaces shall be screened from adjoining zoning lots by a landscaped strip at least four feet wide densely planted with evergreen shrubs at least four feet high at time of planting, and of a type that may be expected to form a year-round dense screen at least six feet high within three years. Such screening shall be maintained in good condition at all times.

The provisions of paragraphs (a) and (b) of this Section shall not apply at the street line of zoning lots where the planting requirements of Section 37-921 (Perimeter landscaping) apply.

25-66 Parking Lot Landscaping

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

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:

(a)        developments with accessory open parking areas in which 70 percent or more of the floor area on the zoning lot is occupied by a community facility use;

(b)        enlargements of a building with accessory open parking areas or the enlargement of an open parking area that result in:

(1)        an increase in the 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)        an increase in the 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

(c)        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.

The provisions of this Section 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 this Section, 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 required landscaped areas within and adjacent to the open parking area.

Notwithstanding the provisions of this Section, where parking requirements are waived, pursuant to Section 25-33, on zoning lots subdivided after November 28, 2007, and parking spaces accessory to community facility uses or curb cuts accessing community facility uses are shown on the site plan required pursuant to Section 25-623, the provisions of Section 37-921 (Perimeter landscaping) shall apply.

25-67 For Parking Facilities Containing Car Sharing Vehicles

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

Within an off-street parking facility that contains car sharing vehicles, an information plaque shall be placed within 20 feet of either the entrance to the parking facility or the attendant’s station, at a location accessible to and visible to users of such facility. The plaque shall be fully opaque, non-reflective and constructed of permanent, highly durable materials and shall contain the following statements in lettering no less than one inch high:

(a)        “Total parking spaces in facility:” which shall specify the total number of parking spaces permitted within such parking facility;

(b)        “Maximum number of car sharing vehicles:” which shall specify the total number of car sharing vehicles permitted within such parking facility; and

(c)        where such parking facility contains accessory residential parking spaces, “Accessory residential parking spaces shall be made available to residents of this building within 30 days after a written request is made to the landlord.”

25-71 Permitted Accessory Off-street Loading Berths

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, accessory off-street loading berths, open or enclosed, may be provided for residences, for permitted community facility uses, for commercial uses permitted as accessory uses in large-scale residential developments, or for uses permitted by special permit, under rules and regulations promulgated by the Commissioner of Buildings, and subject to the provisions set forth in Sections 25-75 (Location of Access to the Street), 25-76 (Surfacing), and 25-77 (Screening).

25-72 Required Accessory Off-street Loading Berths

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, accessory off-street loading berths, open or enclosed, shall be provided in conformity with the requirements set forth in the following table for all development or enlargement after December 15, 1961, for the uses listed in the table, as a condition precedent to the use of such development or enlargement.

After December 15, 1961, if the use of any building or other structure is enlarged, the requirements set forth in the table shall apply to the floor area of the enlarged portion of such building.

For the purposes of applying the loading requirements of this Chapter, uses are grouped into the following Loading Requirement Categories (LRC).

        

Loading Requirement Category

Use or Use Group

LRC – A

All uses listed under Use Groups IX(A), IX(B) and X

LRC – B

All uses listed under Use Group VI, except automotive equipment rental and leasing, automotive repair and maintenance, or gasoline stations; all uses listed under Use Group VIII

LRC – C

All uses listed under Use Groups V and VII; court houses listed under Use Group IV(A)

LRC – D

Hospitals and related facilities listed under Use Group III(B); prisons listed under Use Group IV(A)

LRC – E

Funeral establishments listed under Use Group VI

        

REQUIRED OFF-STREET LOADING BERTHS FOR DEVELOPMENTS OR ENLARGEMENTS

Loading Requirement Category

Districts

R1 R2 R3 R4 R5 R6

R7 R8 R9 R10

LRC-A

n/a

LRC-B 1

First 8,000 sq ft: None
Next 17,000 sq ft: 1
Next 15,000 sq ft: 1
Next 20,000 sq ft: 1
Next 40,000 sq ft: 1
Each additional 150,000 sq ft: 1

First 25,000 sq ft: None
Next 15,000 sq ft: 1
Next 60,000 sq ft: 1
Each additional 150,000 sq ft: 1

LRC-C

n/a

LRC-D 2

First 10,000 sq ft: None
Next 290,000 sq ft: 1
Each additional 300,000 sq ft: 1

LRC E

n/a

1        For accessory commercial uses in large-scale residential developments.

2        Requirements in this table are in addition to area utilized for ambulance parking.

 

25-73 Special Provisions for Zoning Lots Divided by District Boundaries

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, whenever a zoning lot is divided by a boundary between districts having different requirements for accessory off-street loading berths, the provisions set forth in Article VII, Chapter 7 shall apply.

25-74 Size of Required Berths

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, all required off-street loading berths, open or enclosed, shall conform to the regulations on minimum dimensions set forth in the following table. The dimensions of off-street berths shall not include driveways or entrances to or exits from such off-street berths.

MINIMUM DIMENSIONS FOR REQUIRED ACCESSORY OFF-STREET LOADING BERTHS
(in feet)

Length

Width

Vertical clearance

LRC-A

n/a

n/a

n/a

LRC-B1

37

12

14

LRC-C

n/a

n/a

n/a

LRC-D

37

12

12

LRC-E

n/a

n/a

n/a

1        For accessory commercial uses in large-scale residential developments

25-75 Location of Access to the Street

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, no permitted or required accessory off-street loading berth, and no entrance or exit thereto, shall be located less than 50 feet from the intersection of any two street lines. However, a location closer to such intersection may be permitted if the Commissioner of Buildings certifies that such a location is not hazardous to traffic safety and not likely to create traffic congestion.

The requirements for accessory off-street loading berths set forth in Section 25-72 (Required Accessory Off-street Loading Berths) shall not apply to any building as to which the Commissioner of Buildings certifies that there is no way to arrange the required berths to conform to the provisions of this Section.

The Commissioner of Buildings may refer such matters requiring certification to the Department of Transportation for report and may base his determination on such report.

25-76 Surfacing

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, all permitted or required open off-street loading berths shall be surfaced with permeable paving materials, asphaltic or Portland cement concrete, or other hard-surfaced dustless material, at least six inches thick.

25-77 Screening

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, all permitted or required open off-street loading berths shall be screened from all adjoining zoning lots, including such zoning lots situated across a street by either:

(a)        a strip at least four feet wide, densely planted with shrubs or trees that are at least four feet high at the time of planting and that are of a type which may be expected to form a year-round dense screen at least six feet high within three years; or

(b)        a wall or barrier or uniformly painted fence or fire-resistant material, at least six feet but not more than eight feet above finished grade.  Such wall, barrier or fence may be opaque or perforated, provided that not more than 50 percent of the face is open.

In addition, such screening:

(1)        shall be maintained in good condition at all times;

(2)        may be interrupted by normal entrances and exits; and

(3)        shall have no signs hung or attached thereto other than those permitted in Section 22-32 (Permitted Non-illuminated Accessory Signs).

25-82 Authorization for Reduction of Spaces

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 r11 R12

In all districts, as indicated, the City Planning Commission may authorize a reduction in the number of required bicycle parking spaces set forth in Section 25-811 (Enclosed bicycle parking spaces), or a waiver of all such spaces, upon finding there are subsurface conditions, below-ground infrastructure or other site planning constraints that would make accommodating such bicycle parking spaces on or below the first story of the building infeasible. The Commission may request reports from licensed engineers or registered architects in considering such reduction.

25-83 Restrictions on Operation, Size and Location of Enclosed Bicycle Parking Spaces

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, all accessory bicycle parking spaces shall be provided on the same zoning lot as the building or use to which such spaces are accessory, except as provided in Section 25-84 (Off-site Bicycle Parking Spaces).

All enclosed accessory bicycle parking spaces shall be surrounded on all sides by a solid enclosure, except where a parking garage is open at the sides, and covered by a roof for weather protection. Each bicycle space shall adjoin a rack or similar system for securing the bicycle. Bicycle parking spaces shall be located in an area secured by a lock or similar means, or adjoin a securely-anchored rack to which the bicycle frame and at least one wheel can be locked. Fifteen square feet of area shall be provided for each bicycle space. However, the area for each bicycle space may be reduced by up to nine square feet per bicycle if the Commissioner of Buildings certifies that a layout has been submitted to adequately accommodate the specified number of bicycles.

A plaque shall be placed at the exterior of the entry to the bicycle parking area, outside any locked door, with lettering at least three-quarter inches in height stating "Bicycle Parking.”  

For colleges, universities or seminaries, one-half of required enclosed accessory bicycle parking spaces may be provided as open unenclosed spaces, provided that such spaces meet the standards of paragraph (b) of Section 25-812 (Unenclosed bicycle parking spaces).

All bicycle parking spaces which are accessory to residences shall be made available for the storage and independent access of the bicycles used by the occupants of such residences.

All required bicycle parking spaces which are accessory to a community facility use shall be made available for the storage and independent access of the bicycles used by the employees of such use, except that bicycle parking spaces accessory to colleges or universities shall be accessible to all authorized users of such building, and that bicycle parking spaces accessory to community facilities with sleeping accommodations may be accessible to the occupants of such facility.

Bicycle spaces may be located in a room secured by a lock or similar means, provided that access is through a commonly accessible area and access is made available to eligible users on an equal basis.

25-84 Off-site Bicycle Parking Spaces

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, accessory bicycle parking spaces required pursuant to Section 25-811 (Enclosed bicycle parking spaces) may be provided on a zoning lot other than the same zoning lot as the use to which such spaces are accessory, provided that such bicycle parking spaces are located on a zoning lot not further than 1,000 feet from the nearest boundary of the zoning lot occupied by the use to which they are accessory, or within a subsurface parking and other service facility that serves multiple zoning lots, including the zoning lot occupied by the use to which they are accessory.

A plaque shall be placed within 30 feet of a building entrance, with lettering at least three-quarter inches in height stating "Bicycle Parking” followed by information directing users to the address of the off-site location.  

The number of off-site accessory bicycle parking spaces provided pursuant to this Section and the area of such bicycle parking spaces, in square feet, shall be noted on the certificate of occupancy for both the building in which the off-site bicycle parking spaces are located, and the building containing the use to which such bicycle parking spaces are accessory.    

25-85 Floor Area Exemption

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, space provided for enclosed accessory bicycle parking spaces pursuant to the standards of this Section, shall be excluded from the calculation of floor area, provided that:

(a)        the space excluded from floor area does not exceed an amount equal to 15 square feet multiplied by the number of required spaces or, if spaces are waived pursuant to paragraphs (a), (b), (c) or (d) of Section 25-811 (Enclosed bicycle parking spaces), the number that would have been required but for the waiver, or, if spaces are not required because the building was constructed prior to April 22, 2009, the number that would be required if such building were newly constructed; and

(b)        the accessory bicycle parking spaces provided meet the standards for required bicycle parking of Section 25-83 (Restrictions on Operation, Size and Location of Enclosed Bicycle Parking Spaces).

Notwithstanding the provisions of paragraph (a) of this Section, for the uses listed in the table, the amount of space that may be excluded from the calculation of floor area shall not exceed an amount equal to 15 square feet multiplied by the number of spaces set forth in the table.

MAXIMUM BICYCLE PARKING SPACES EXCLUDED FROM FLOOR AREA

Type of Use

Maximum Bicycle Parking Spaces Excluded from Floor Area in Relation to Specified Unit of Measurement

FOR RESIDENTIAL USES

Affordable independent residences for seniors listed under Use Group II

1 per 2,000 square feet of floor area

FOR COMMUNITY FACILITY USES

Philanthropic or non-profit institutions with sleeping accommodations listed under Use Group III(A)

1 per 2,000 square feet of floor area

Proprietary, non-profit or voluntary hospitals and related facilities, except animal hospitals, listed under Use Group III(B)

1 per 5,000 square feet of floor area

However, in no event shall this Section apply to single- or two-family residences and in no event shall this Section apply to accessory bicycle parking spaces provided off-site pursuant to Section 25-84 (Off-site Bicycle Parking Spaces).

Space provided for accessory bicycle parking spaces within an accessory group parking facility shall not be counted as floor area provided that such portion of the accessory group parking facility does not count as floor area.

25-86 Waiver or Reduction of Spaces for Subsidized Housing

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, except in the Special Southern Hunters Point District, the number of required bicycle parking spaces set forth in Section 25-811 (Enclosed bicycle parking spaces) may be reduced or waived by the Commissioner of Buildings, provided that the Commissioner of the Department of Housing Preservation and Development has submitted a letter certifying that:

(a)        at least 50 percent of the dwelling units in the building or building segment will be income-restricted pursuant to the provisions of Section 27-10 (ADMINISTRATION OF AFFORDABLE HOUSING), inclusive, or pursuant to the terms of a grant, loan or subsidy from any Federal, State or local agency or instrumentality, including, but not limited to, the disposition of real property for less than market value, purchase money financing, construction financing, permanent financing, the utilization of bond proceeds and allocations of low income housing tax credits. An exemption or abatement of real property taxes shall not qualify as a grant, loan or subsidy for the purposes of this paragraph;

(b)        there is insufficient space within the building to accommodate the required number of bicycle parking spaces on or below the first story of the building, including within an enclosed accessory group parking facility;

(c)        if permitted automobile parking spaces are provided, the required bicycle spaces cannot be accommodated within an enclosed group parking facility by reconfiguring automobile parking spaces or removing three or fewer permitted automobile parking spaces;

(d)        additional space cannot reasonably be constructed based on the amount of subsidy available to the project; and

(e)        the number of required bicycle parking spaces is being reduced by the minimum amount necessary to address these limitations.

26-11 General Purposes

The urban design guidelines are established to strengthen, at street level, the relationship of developments with existing buildings and to improve the quality of the streetscape by:

(a)        maintaining the visual continuity of developments at street level; and

(b)        enhancing the visual character of the neighborhood.

26-12 General Purposes of Sections 26-13 through 26-15

In harmony with the general purposes and intent of this Resolution and the general purposes of Section 26-11, the regulations of Sections 26-13 through 26-15, inclusive, are intended to:

(a)        guide the location of arcades to assure horizontal continuity of developments with existing building arcades and to maintain visual continuity at street level;

(b)        require transparency and/or articulation of front walls to improve the visual quality of the street; and

(c)        improve the quality of the street environment.

26-13 Definitions

For the purposes of Sections 26-10 through 26-15, inclusive, the following definitions shall apply:

        

Contiguous block

A "contiguous block" is a block containing one or more zoning lots separated by a narrow street from the block containing the development.

        

Contiguous lot

A "contiguous lot" is a zoning lot that shares a common side lot line with the zoning lot of the development.

        

Development

In addition to the definition of development set forth in Section 12-10 (DEFINITIONS), "development" shall also include an enlargement involving an increase in lot coverage.

26-14 Horizontal Continuity

Horizontal continuity regulations set forth in this Section are intended to relate developments with existing buildings, at street level, in order to maintain visual and functional continuity relating to the following aspects.

26-15 Streetscape Modifications

The City Planning Commission may, by certification to the Commissioner of Buildings, allow modifications of the requirements of this Chapter. Such modifications will be allowed when the Commission finds that such modifications will enhance the design quality of the development.

26-21 Requirements for Private Roads

Private roads shall consist of a paved road bed constructed to minimum Department of Transportation standards for public streets, including curbs and curb drops. The minimum width of a private road shall be 38 feet from curb to curb along its entire length or, where at least three accessory parking spaces are provided for every two dwelling units and no such spaces are located within the bed of a private road, the minimum width shall be 34 feet. The entrance to any group parking facility may be narrower than such minimum widths for a distance not to exceed 20 feet, and a private road may contain a landscaped median provided the paved width of such private road meets the minimum width required exclusive of such medians. The City Planning Commission may modify the required width of a private road, pursuant to Section 26-26 (Modification and Waiver Provisions).

26-22 Requirements for Sidewalks, Street Trees and Planting

A minimum four-foot-wide paved sidewalk shall be provided adjacent to and along the entire length of the required planting strips. However, no sidewalk shall be required along that side of a private road that does not have a building wall facing it.

A minimum three-foot wide planting strip shall be provided adjacent to and along the entire length of the required curb.

The street tree and planting requirements of Section 23-61, inclusive, shall apply.

26-23 Yards

For the purposes of this Section, a private road shall be considered to be a street, and a line seven feet from and parallel to the required curb of the private road shall be considered to be a street line, and the applicable yard regulations of Section 23-30 (YARDS, COURTS AND OTHER OPEN AREA REGULATIONS), inclusive, shall be applied accordingly. However, no yard shall be required along that side of a private road, or portion thereof, that does not have a building wall facing it.

26-24 Requirements for Curbs and Curb Cuts

Curbs shall be provided along each side of the entire length of a private road.

A curb cut, excluding splays, from a street to a private road may be as wide as such private road

26-25 Parking Location and Curb Cuts Accessing Driveways

For the purposes of this Section, a private road shall be considered to be a street, and the applicable parking location and curb cut provisions of Section 25-62, inclusive, and Section 25-63, inclusive, shall be applied accordingly.

26-26 Modification and Waiver Provisions

(a)        The City Planning Commission may, by authorization, allow modifications to, or waivers of, the requirements of Sections 26-20 through 26-27, inclusive, provided that:

(1)        such modifications or waivers will enhance the design quality of the zoning lot;

(2)        any decrease in the required width of the paved road bed is in conjunction with a superior parking plan that would not be feasible with a wider road bed; and

(3)        any decrease in the required width of the paved road bed will result in the preservation of existing natural features or a superior landscaping plan that would not be feasible with a wider road bed.

No modification or waiver may be granted which would waive or decrease the width of the paved road bed to less than 34 feet.

(b)        The City Planning Commission may, by authorization, allow modifications to, or waivers of, the requirements of Sections 26-20 through 26-27, inclusive, for zoning lots within the Special South Richmond Development District, that:

(1)        contain designated open space and a portion of the waterfront esplanade, where such zoning lots:

(i)        have been granted an authorization pursuant to Section 107-65 (Modifications of Existing Topography) within one year prior to February 6, 2002; or

(ii)        are conditioned upon a restrictive declaration that has received a minor modification by the City Planning Commission; or

(2)        are located wholly or partially within Area M and have filed an application for an authorization pursuant to Section 107-69 (Residential Uses in Area M) within one year prior to February 6, 2002; or

(3)        have been granted authorizations pursuant to Section 107-64 (Removal of Trees) and 107-65 and are located on a zoning lot where a change in the City Map has been approved within three years prior to February 6, 2002, and where certified copies of the alteration map for such change in the City Map have not yet been filed in accordance with Section 198, subsection (c), of the New York City Charter, as of February 6, 2002.

In order to authorize such modifications or waivers pursuant to this paragraph, (b), the Commission shall find that such zoning lots will be developed pursuant to a good site plan, and that adequate access to all dwelling units, adequate parking spaces located outside of the roadbed of the private road, adequate spacing of all curb cuts and adequate landscaping will be provided.

26-27 Waiver of Bulk Regulations Within Unimproved Streets

In R3, R4 and R5 Districts, and in C1 and C2 Districts mapped within R3, R4 and R5 Districts, and in C3 Districts, the City Planning Commission may authorize the waiver of bulk regulations for:

(a)        zoning lots with private roads that access at least 20 dwelling units consisting in part of construction within streets that are unimproved and for which the Board of Standards and Appeals has granted a permit pursuant to Section 35 of the General City Law; and

(b)        zoning lots with private roads that access fewer than 20 dwelling units consisting in part of construction within streets that are unimproved and for which the Board of Standards and Appeals has granted a permit pursuant to Section 35 of the General City Law and where such zoning lot has received an authorization pursuant to paragraph (a) of Section 26-26;

The Commission may authorize the waiver of bulk regulations affected by such streets where buildings would be non-complying absent such waiver, provided the Board of Standards and Appeals has prescribed conditions pursuant to Section 35 of the General City Law which require the buildings or portions thereof to be located within the unimproved streets to be compliant and conforming to the provisions of this Resolution. Such waivers shall only be as necessary to address non-compliance resulting from the location of the buildings within and outside the unimproved streets.

The Commission shall find that the private roads are adequate to serve present and future transportation needs and that, through the grant of such waivers, the development complies to the maximum extent feasible with all applicable zoning regulations as if such unimproved streets were not mapped, and that the private road system results in a good site plan.

26-31 Entrances, Parking Location and Curb Cuts

The entrances and exits of all private roads shall be located not less than 50 feet from the intersection of any two street lines.

No accessory off-street parking spaces shall be located between the required curbs of a private road, except where such spaces:

(a)        are perpendicular to the roadbed;

(b)        are located on only one side of a private road or portion of a private road, so that no such spaces are located on opposite sides of the road bed or within 20 feet of being opposite to one another; and

(c)        are within rows of not more than 10 adjacent spaces. Such rows shall be separated one from another by a planting strip at least 18 feet deep and eight feet wide, within which a tree of at least three-inch caliper is planted.

26-32 Lighting, Signage and Crosswalks

All private roads shall provide street lighting, street signage and crosswalks to minimum Department of Transportation standards for public streets.

26-33 Screening

All private roads shall be screened from adjoining zoning lots by a landscaped strip at least eight feet wide, and all open off-street parking areas with five or more spaces shall be screened from adjoining zoning lots by a landscaped strip at least four feet wide. Such landscaped strips shall be densely planted with evergreen shrubs at least four feet high at time of planting, and of a type that may be expected to form a year-round dense screen at least six feet high within three years. Such screening shall be maintained in good condition at all times.

26-34 Modification and Waiver Provisions

Except in the Borough of Staten Island, the City Planning Commission may, by authorization, allow modifications to, or waivers of, the requirements of Sections 26-30 through 26-33, inclusive, provided that the depth of a rear yard shall not be less than 15 feet and the depth of a front yard shall not be less than five feet. In order to authorize such modifications or waivers, the Commission shall find that:

(a)        such modifications result in a site plan that provides sufficient open areas for the residents;

(b)        any reduction in open areas shall be permitted only where the Commission finds that a good site plan has been provided that includes a superior landscaping plan; and

(c)        such modifications will not impair the essential character of the surrounding area.

The Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the surrounding area.

26-41 Street Tree Planting

In accordance with applicability requirements of underlying district regulations, one street tree, pre-existing or newly planted, shall be provided for every 25 feet of street frontage of the zoning lot. Fractions equal to or greater than one-half resulting from this calculation shall be considered to be one tree.

(a)       Design criteria

Street trees shall be planted along the entire length of along the curb of the street adjacent to the zoning lot, within:

(1)          tree beds or connected tree beds designed in compliance with standards set forth by the Department of Parks and Recreation; or

(2)         rain gardens designed in compliance with standards set forth by the Department of Environmental Protection.

For zoning lots with over 100 feet of street frontage, wherever two required street tree beds will be separated by less than 25 feet, such tree beds shall be combined and designed as a single continuous tree bed.

The species and caliper of all street trees shall be determined by the Department of Parks and Recreation, and all such trees shall be planted in accordance with the street tree planting standards of the Department of Parks and Recreation.

(b)      Alternate compliance

Where such tree planting would be infeasible adjacent to the zoning lot, such trees may be provided in an alternate manner, or waived, using any combination of provisions, as appropriate, set forth in this paragraph (b).

(1)      Rain gardens

Where the Department of Parks and Recreation determines that such tree planting would be infeasible, such required street tree may be substituted for a rain garden designed in compliance with standards set forth by the Department of Environmental Protection.

(2)      Planters

Where the Department of Parks and Recreation or Department of Transportation determines that below-grade infrastructure causes one or more tree planting location to be infeasible, such tree may be provided in permanent planters designed in compliance with standards set forth by the Department of Transportation.

(3)      Off-site locations

Where the Department of Parks and Recreation determines that such tree planting would be infeasible, or in historic districts where the Landmarks Preservation Commission determines that such tree planting would not be in character with the historic district, one or more street trees may be planted in an alternative off-site location, to be selected by the Department of Parks and Recreation, except that if the Department of Parks and Recreation determines that no alternative location is available, or if no alternative location is provided within 30 days of an application for a Department of Parks and Recreation permit, such off-site tree shall be waived. Off-site trees shall be planted at alternative locations within:

(i)      an existing empty street tree pit or planting strip; or

(ii)      an unpaved area owned by the City of New York.

         All such alternative locations shall be within the Community District or one-half mile of such zoning lot.

(4)      Payment option

Where the Department of Parks and Recreation determines that such tree planting would be infeasible, or in historic districts where the Landmarks Preservation Commission determines that such tree planting would not be in character with the historic district, in lieu of planting an off-site tree in an available alternative location, or in the event that planting adjacent to the zoning lot cannot be completed due to the season, funds equivalent to the cost of planting such tree, as established by rule of the Department of Parks and Recreation, may be deposited in an account of the City of New York. Such funds shall be dedicated to the planting of street trees by the City at an alternative location or, in the case of an off-season deposit, in front of the zoning lot at the next appropriate planting season.

26-42 Planting Strips

In accordance with applicability requirements of underlying district regulations, the owner of the development, enlargement or converted building shall provide and maintain a planting strip. Street trees required pursuant to Section 26-41 shall be planted within such planting strip. In addition to such street trees, such strip shall be fully planted with grass or groundcover, except as provided in Section 26-421. Such planting strip shall be located adjacent to, and extend along, the entire length of the curb of the street.  However, in the event that both adjoining properties have planting strips adjacent to the front lot line, such planting strip may be located along the front lot line. The width of such planting strip shall be the greatest width feasible given the required minimum paved width of the sidewalk on street segments upon which the building fronts, except that no planting strip less than six inches in width shall be required.

26-51 Special at-grade Screening and Enclosure Regulations

In all districts, all energy infrastructure equipment and accessory mechanical equipment shall be subject to the following provisions when not located on a building rooftop or 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 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;
  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;
  4. where any equipment is located in a front yard, or is located between the street wall, or prolongation thereof, and a street line, the entire width of such portion of such equipment facing a street#, whether open or enclosed, shall be fully screened by vegetation; and
  5. where energy infrastructure equipment is located within 15 feet of a zoning lot line, the equipment shall be fully screened from adjoining zoning lots, including such zoning lots situated across a street, by:
    1. a wall or barrier or uniformly painted fence at least as tall as the equipment it is screening, but need not exceed 15 feet in height. Such wall, barrier or fence may be opaque or perforated, provided that not more than 50 percent of the face is open; and
    2. a strip at least four feet wide and  densely planted with vegetation that,  at the time of planting are at least half as tall in height as the screen required by paragraph (1), and are of a type which may be expected to form a year-round dense screen at least six feet high within three years.
  6. However, no screening shall be required for: 
    1. equipment with a depth limited to 18 inches from an exterior wall;
    2. solar energy systems; and
    3. wind energy systems.

Such screening shall be maintained in good condition at all times, may be interrupted by normal entrances or exits and shall have no signs hung or attached thereto.

26-52 Special Rooftop Screening and Enclosure Regulations

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.

However, no screening shall be required for:

  1. equipment with a depth limited to 18 inches from an exterior wall;
  2. solar energy systems;
  3. wind energy systems; and
  4. accessory mechanical equipment installed on the rooftop of a building existing on December 5, 2024, where the height of the equipment does not exceed the height of the rooftop parapet, or a height of six feet as measured from the roof level.

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.

27-01 Applicability of This Chapter

The regulations of this Chapter shall apply:

  1. to the provision of affordable housing, as set forth in 27-10 (ADMINISTRATION OF AFFORDABLE HOUSING); and
  2. to anti-harassment areas, as set forth in 27-20 (ANTI-HARASSMENT).
27-11 Definitions

For the purposes of this Section, inclusive, matter in italics is defined either in Section 12-10 (DEFINITIONS) or in this Section.

27-12 General Provisions

MIH and UAP are established to promote the creation and preservation of affordable housing for residents with varied incomes citywide and to enhance neighborhood economic diversity and thus to promote the general welfare. Requirements for affordable housing are set forth in Section 27-00, inclusive.

Wherever the provisions of Section 27-00, inclusive, provide that approval is required, HPD may specify the form of such approval in the guidelines.

27-14 Methods of Providing Affordable Housing
  1. For UAP developments, affordable housing shall be either new construction affordable housing, preservation affordable housing or a conversion from non-residential to residential use. For MIH developments, affordable housing shall be either new construction affordable housing or a conversion from non-residential to residential use. Conversions shall comply with the requirements of Section 27-10 (ADMINISTRATION OF AFFORDABLE HOUSING), inclusive, applicable to new construction affordable housing.
  2. When determining whether affordable housing is new construction affordable housing or preservation affordable housing, or when making a determination as to which building constitutes a UAP site, HPD may separately consider each building on a zoning lot. Where any such building consists of two or more contiguous sections separated by walls or other barriers, HPD may consider all relevant facts and circumstances when determining whether to consider the sections of such building separately or collectively, including, but not limited to, whether such sections share systems, utilities, entrances, common areas or other common elements and whether such sections have separate deeds, ownership, tax lots, certificates of occupancy, independent entrances, independent addresses or other evidence of independent functional use.
  3. The amount of affordable floor area in any MIH site or UAP site shall be determined based upon plans for such MIH site or UAP site which have been approved by the Department of Buildings and which indicate thereon the amount of floor area devoted to affordable housing and the amount of floor area devoted to other residential uses. However, for UAP sites where the Department of Buildings does not require floor area calculations, the amount of affordable floor area shall be determined by methods specified in the guidelines.
  4. The amount of qualifying floor area for any income band in an MIH site or UAP site shall be determined by the same method as the calculation of affordable floor area.
  5. Affordable housing units shall be either rental affordable housing or homeownership affordable housing.
  6. An MIH site that is part of an MIH zoning lot, or a UAP site that is part of a UAP zoning lot, in which at least two-thirds of the dwelling units are affordable housing units shall be either a building that:
    1. shares a common street entrance with another building on the zoning lot in which less than one-third of the dwelling units are affordable housing units; or
    2. is independent, from grade at the street wall line to the sky, of any other building on the zoning lot in which less than one-third of the dwelling units are affordable housing units, and such building shall have its primary entrance on a street frontage that has primary entrances for other residential buildings.
    3. HPD may waive the requirements of this paragraph (f) if it determines that the buildings on the zoning lot are otherwise located in a manner that does not stigmatize occupants of affordable housing units.
  7. HPD shall have the right, in its sole discretion, to deny any affordable housing application proposing preservation affordable housing, and shall have the right, in its sole discretion, to deny any affordable housing application that includes homeownership affordable housing, qualifying senior housing, or a supportive housing project, and instead require that such MIH site or UAP site be developed with rental affordable housing. Pursuant to paragraph (k) of Section 27-16 (Requirements for MIH Sites or UAP Sites), HPD may adopt guidelines for the implementation of this paragraph (g).
27-16 Requirements for MIH Sites or UAP Sites

Affordable housing in an MIH site or UAP site shall meet each of the requirements set forth in this Section for the entire regulatory period, except that affordable housing restricted pursuant to an affordable housing regulatory agreement shall only be required to comply with paragraphs (a) and (j) of this Section.

  1. Location of MIH site or UAP site and MIH zoning lot or UAP zoning lot

    Where an MIH site or UAP site is not located within the MIH zoning lot or the UAP zoning lot, as applicable:
    1. the MIH site or UAP site and the MIH zoning lot or UAP development, as applicable, shall be located within the same Community District; or
    2. the MIH site or UAP site and the MIH zoning lot or UAP zoning lot, as applicable, shall be located in adjacent Community Districts and within one-half mile of each other, measured from the perimeter of each zoning lot.

      Outside of UAP offsite option areas, a UAP site must be located within the UAP zoning lot

  2. Distribution of affordable housing units

    In new construction affordable housing, where one or more of the dwelling units or rooming units in an MIH site or UAP site, other than any super’s unit, are not affordable housing units:
    1. the affordable housing units shall be distributed on not less than 65 percent of the residential stories of such MIH site or UAP site, or, if there are insufficient affordable housing units to comply with this requirement, the distribution of affordable housing units shall be as specified in the guidelines; and
    2. not more than two-thirds of the dwelling units and rooming units on any story of such MIH site or UAP site shall be affordable housing units, unless not less than two-thirds of the dwelling units and rooming units on each residential story of such MIH site or UAP site are affordable housing units. HPD may waive such requirement for any new construction affordable housing that is located on an interior lot or through lot with less than 50 feet of frontage along any street.

Where one or more of the dwelling units or rooming units, other than any super’s unit, are not affordable housing units, the affordable housing units shall share a common primary entrance with the other dwelling units or rooming units. However, if an MIH site or UAP site contains both homeownership and rental housing and no affordable housing units are homeownership housing, the distribution requirements above shall only apply to residential stories containing rental housing. In addition, the distribution requirements above shall not apply if all affordable housing units are rental affordable housing and all other dwelling units are homeownership housing, and shall not apply to any affordable housing units that are also supportive housing units or affordable independent residences for seniors.

In addition, HPD may waive these requirements for affordable floor area created in an MIH site or UAP site through enlargement, as specified in the guidelines.

HPD may disapprove any building configuration that would frustrate the intent and purpose of this Section by segregating affordable housing units or stigmatizing residents of such affordable housing units.

  1. Bedroom mix of affordable housing units
    1. In new construction affordable housing, where one or more of the dwelling units in an MIH site or UAP site, other than any super’s unit, are not affordable housing units, either:
      1. the dwelling units that are affordable housing units shall contain a bedroom mix at least proportional to the bedroom mix of the dwelling units, other than any super’s unit, that are not affordable housing units; or
      2. not less than 50 percent of the dwelling units that are affordable housing units shall contain two or more bedrooms and not less than 75 percent of the dwelling units that are affordable housing units shall contain one or more bedrooms.

        However, such bedroom mix requirements shall not apply to affordable independent residences for seniors. HPD may also waive such bedroom mix requirements for any new construction affordable housing that is located on an interior lot or through lot with less than 50 feet of frontage along any street. In addition, HPD may waive these requirements for affordable floor area created in an MIH site or UAP site through enlargement, as specified in the guidelines.

    2. Where all of the dwelling units in an MIH site or UAP site, other than any super’s unit, in new construction affordable housing are affordable housing units, the bedroom mix shall be as set forth in the guidelines
    3. Supportive housing units shall contain such configuration as HPD shall require.
    4. For purposes of this paragraph (c), fractions equal to or greater than one-half resulting from any calculation shall be considered to be one dwelling unit.
  2. Size of affordable housing units
    1. In new construction affordable housing, the average size of affordable housing units of a particular bedroom count shall be not less than the average size of dwelling units that are not affordable housing units with the same number of bedrooms, or the minimum size specified below for a dwelling unit of a particular bedroom count, whichever is less:
      1. 400 square feet of floor area within the perimeter walls for a zero bedroom dwelling unit;
      2. 575 square feet of floor area within the perimeter walls for a one bedroom dwelling unit;
      3. 775 square feet of floor area within the perimeter walls for a two bedroom dwelling unit; or
      4. 950 square feet of floor area within the perimeter walls for a three bedroom dwelling unit.

         However, these unit size requirements shall not apply to affordable independent residences for seniors

        HPD may specify the method of measuring floor area within affordable housing units in the guidelines, compliant with Department of Buildings practice; and

    2. Where all of the dwelling units in an MIH site or UAP site, other than any super’s unit, in new construction affordable housing are affordable housing units, such affordable housing units shall comply with the size requirements as set forth in the guidelines
    3. Supportive housing units shall comply with the size requirements specified by HPD.
  3. Records

    For a period of time specified in the guidelines, the owner of the affordable housing units shall maintain all records setting forth the facts that form the basis of any affidavit submitted to HPD, and shall make such records available for inspection and audit by HPD upon request.
  4. Restrictive declaration
    1. The restrictive declaration shall require compliance with and shall incorporate by reference the affordable housing application and the applicable provisions of this Zoning Resolution and the guidelines and shall contain such additional terms and conditions as HPD deems necessary.
    2. The restrictive declaration shall require that HPD be provided with documentation indicating the amount of affordable floor area. For new construction affordable housing such documentation shall include, but shall not be limited to, plans meeting the requirements of paragraph (c) of Section 27-14 (Methods of Providing Affordable Housing).
    3. The restrictive declaration shall be recorded against all tax lots comprising the portion of the zoning lot within which the MIH site or UAP site is located and shall set forth the obligations, running with such tax lots, of the owner and all successors in interest to provide affordable housing in accordance with the affordable housing application for the entire regulatory period.
    4. Where applicable in accordance with paragraph (b) (Monthly rent) of Section 27-161 (Additional requirements for rental affordable housing), the restrictive declaration shall provide that certain obligations shall survive the regulatory period.
  5. Housing standards

    Upon the date that HPD issues the completion notice, the MIH site or UAP site shall be free of violations of record issued by any City or State agency pursuant to the Multiple Dwelling Law, the Building Code, the Housing Maintenance Code and this Zoning Resolution, except as may otherwise be provided in the guidelines.
  6. Insurance

    The affordable housing shall at all times be insured against any damage or destruction in an amount not less than the replacement value of such affordable housing
  7. Duration of obligations

    The obligation to provide and maintain a specified amount of affordable housing on an MIH site or UAP site shall run with the zoning lot containing such MIH site or UAP site for not less than the regulatory period.
  8. One MIH site or UAP site may satisfy requirements for multiple MIH zoning lots or UAP zoning lots, as applicable

    Any MIH site or UAP site may contain affordable housing that satisfies the requirements of this Chapter, for more than one MIH development or UAP development, as applicable, provided that no affordable floor area shall be counted more than once in satisfying the requirements of such MIH developments or UAP developments, or for the purposes of utilizing floor area provisions applicable to qualifying affordable housing in Section 23-22 (Floor Area Regulations for R6 Through R12 Districts). 

(k)    Guidelines

HPD shall adopt and may modify guidelines for the implementation of the provisions of Section 27-00, inclusive.

22-111 Use Group I – general use allowances

The following table includes uses classified as Use Group I and sets forth their allowances by Residence District. Notations found in the table are further described in Section 22-10 (USE ALLOWANCES). Where permitted as-of-right in a Residence District, such uses shall be unenclosed, except for ancillary buildings or other structures.

USE GROUP I – AGRICULTURE AND OPEN USES

● = Permitted     = Permitted with limitations     ○ = Special permit required    

– = Not permitted
S = Size restriction     P = Additional conditions

Uses

R1

R2

R3

R4

R5

R6

R7

R8

R9

R10

R11

R12

PRC

Agriculture

Agricultural uses, including greenhouses, nurseries, or truck gardens


P


P


P


P


P


P


P


P


P


P


P


P

G

Open Uses

Cemeteries











N/A

Golf courses













*

Outdoor racket courts


P


P


P


P


P


P


P


P


P


P

G

Outdoor skating rinks


P


P


P


P


P


P


P


P


P


P

G

Public parks or playgrounds or private parks













N/A

Sand, gravel, or clay pits

N/A

22-112 Use Group I – uses subject to additional conditions

For uses denoted with a “P” in Section 22-111 (Use Group I – general use allowances), the following provisions shall apply: 

  1. Agricultural uses in all Residence Districts, including greenhouses, nurseries, or truck gardens, are permitted provided that no offensive odors or dust are created, and that there is no sale of products not produced on the same zoning lot.
  2. Outdoor racket courts or skating rinks in all Residence Districts are permitted provided that all lighting shall be directed away from nearby residences.
22-113 Use Group I – uses permitted by special permit

For uses denoted with “○” in Section 22-111 (Use Group I – general use allowances), the following provisions of this Section shall apply:

  1. Outdoor racket courts or skating rinks may be permitted in R1 or R2 Districts by special permit of the Board of Standards and Appeals, in accordance with Section 73-111 (Outdoor racket courts or skating rinks).
  2. Sand, gravel or clay pits may be permitted in all Residence Districts by special permit of the Board of Standards and Appeals, in accordance with the provisions of Section 73-112 (Sand, gravel or clay pits).
22-114 Use Group I – additional provisions for parking requirement category

For permitted uses denoted with “*” for parking requirement category (PRC) in Section 22-111 (Use Group I – general use allowances), the provisions of this Section shall apply. For golf courses, the portion of such facility used for golf course club houses shall be classified as PRC B3. All other portions of a golf course shall not be subject to any parking requirements.

22-121 Use Group II – general use allowances

The following table includes uses classified as Use Group II and sets forth their allowances by Residence District. Notations found in the table are further described in Section 22-10 (USE ALLOWANCES).

USE GROUP II – RESIDENTIAL USES

● = Permitted     = Permitted with limitations     ○ = Special permit required    

– = Not permitted
S = Size restriction     P = Additional conditions

Uses

R1

R2

R3

R4

R5

R6

R7

R8

R9

R10

R11

R12

Residential Uses

Single-family residence

Detached

Other Types


P


P


P


P


P

Two-family residence

Detached


P


P



Other Types


P


P


P


P


P

All other types of residences, including apartment hotels and affordable independent residences for seniors


P


P


P


P


P

 

 

22-122 Use Group II – uses subject to additional conditions

For uses denoted with a “P” in Section 22-121 (Use Group II – general use allowances), the following provisions shall apply:

  1. In R1 through R5 Districts, on qualifying residential sites, any type of residence shall be permitted; and
  2. In R1 through R5 Districts, for zoning lots that are not qualifying residential sites, the following limitations shall apply:
    1. in R1 and R2 Districts, residential uses shall be limited to single-family detached residences;
    2. in R3A Districts, residential uses shall be limited to single- or two-family detached residences and single- or two-family zero lot line buildings;
    3. in R3-1 Districts, residential uses shall be limited to single- or two-family residences, detached or semi-detached;
    4. in R3X, R4A and R5A Districts, residential uses shall be limited to single- or two-family detached residences;
    5. in R4-1 Districts, residential uses shall be limited to single- or two-family residences, detached or semi-detached, or single- or two-family zero lot line buildings; and
    6. in R4B Districts, residential uses shall be limited to single- or two-family residences in detached, semi-detached, attached, or zero lot line buildings.

           No rooming units shall be permitted on zoning lots where residences are limited to single- or two-family residences.

22-131 Use Group III – general use allowances

The following tables include uses classified as Use Group III and set forth their allowances by Residence District. Such uses are categorized as community facilities with and without sleeping accommodations, as provided in paragraphs A and B of this Section. Notations found in the tables are further described in Section 22-10 (USE ALLOWANCES).


A.    Community Facilities with Sleeping Accommodations

USE GROUP III(A) – COMMUNITY FACILITIES
WITH SLEEPING ACCOMMODATIONS

● = Permitted     = Permitted with limitations     ○ = Special permit required
– = Not permitted
S = Size restriction     P = Additional conditions

Uses

R1

R2

R3

R4

R5

R6

R7

R8

R9

R10

R11

R12

PRC

Educational Institutions

College or school student dormitories and fraternity or sorority student houses

E2

Faith-based Institutions and Facilities

Monasteries, convents or novitiates

N/A

Rectories or parish houses with sleeping accommodations

N/A

Seminaries with sleeping accommodations

*

Health Institutions and Facilities

Long-term care facilities


P


P


P


P


P


P


P


P


P


P


P


P

E3

Non-profit hospital staff dwellings


P


P


P


P


P


P


P


P


P


P


P


P

*

Other Institutions and Facilities

Community centers or settlement houses with sleeping accommodations

B3

Non-commercial clubs with sleeping accommodations


P


P


P


P


P


P


P


P


P


P

B3

Philanthropic or non-profit institutions with sleeping accommodations


S


S


S


S


S


S


S


S


S


S


S


S

E3

 

B.    Community Facilities without Sleeping Accommodations

USE GROUP III(B) – COMMUNITY FACILITIES
WITHOUT SLEEPING ACCOMMODATIONS

● = Permitted     = Permitted with limitations     ○ = Special permit required
– = Not permitted
S = Size restriction     P = Additional conditions

Uses

R1

R2

R3

R4

R5

R6

R7

R8

R9

R10

R11

R12

PRC

Educational Institutions

Colleges or universities, including professional schools but excluding business colleges or trade schools

*

Schools

G

Faith-based Institutions and Facilities

Houses of worship

N/A

Parish houses without sleeping accommodations

N/A

Seminaries without sleeping accommodations

*

Health Institutions and Facilities

Ambulatory diagnostic or treatment health care facilities


S     P


S     P


P


P


P


P


P


P


P


P

A3

Non-profit or voluntary hospitals and related facilities, except animal hospitals

E1

Proprietary hospitals and related facilities, except animal hospitals

E1

Other Institutions and Facilities

Community centers or settlement houses without sleeping accommodations

B3

Libraries

G

Museums

G

Non-commercial art galleries

G

Non-commercial clubs without sleeping accommodations


P


P


P


P


P


P


P


P


P


P

B3

Non-commercial recreation centers

B3

Philanthropic or non-profit institutions without sleeping accommodations excluding ambulatory diagnostic or treatment health care facilities


S


S


S


S


S


S


S


S


S


S


S


S

B3

Welfare centers

B3

22-132 Use Group III – uses subject to size limitations

For uses denoted with a “S” in Section 22-131 (Use Group III – general use allowances), the following provisions shall apply:

  1. For any philanthropic or non-profit institutions, with or without sleeping accommodations, in all Residence Districts, the number of persons employed in central office functions shall not exceed 50, and the amount of floor area used for such purposes shall not exceed 25 percent of the total floor area, or, in R8 through R12 Districts, 25,000 square feet, whichever is greater.
  2. Ambulatory diagnostic or treatment health care facilities in R3-1, R3A, R3X, R4-1, R4A or R4B Districts shall be limited to a maximum of 1,500 square feet of floor area. However, in R3-1, R3A, R3X, R4-1 or R4A Districts in lower density growth management areas, ambulatory diagnostic or treatment health care facilities shall be limited, on any zoning lot, to 1,500 square feet of floor area, including cellar space, except that where a zoning lot contains a hospital, as defined in the New York State Hospital Code, or a long-term care facility, such 1,500 square feet restriction shall not include cellar space.

In such Residence Districts, ambulatory diagnostic or treatment health care facilities may be permitted up to 10,000 square feet of floor area by special permit of the Board of Standards and Appeals, in accordance with Section 73-134 (Ambulatory diagnostic or treatment health care facilities).

22-133 Use Group III – uses subject to additional conditions

For uses denoted with a “P” in Section 22-131 (Use Group III – general use allowances), the following provisions shall apply:

  1. Long-term care facilities in R1 and R2 Districts shall only be permitted as-of-right on qualifying residential sites. In all Residence Districts the high-risk flood zone, as defined in Section 64-11 (Definitions), or within the areas set forth in APPENDIX K (Areas With Nursing Home Restrictions), the development of nursing homes and nursing home portions of continuing care retirement communities, as defined in the New York State Public Health Law, or the enlargement of an existing nursing home that increases such floor area by more than 15,000 square feet, shall not be permitted on any portion of a zoning lot that is located within such areas.
  2. Non-profit hospital staff dwellings in all Residence Districts shall be located on the same zoning lot as the non-profit or voluntary hospital and related facilities or on a separate zoning lot that is immediately contiguous thereto, or would be contiguous but for its separation by a street or a street intersection. However, such conditions may be modified by special permit of the City Planning Commission, as set forth in Section 74-132 (Non-profit hospital staff dwelling).
  3. Ambulatory diagnostic or treatment health care facilities in R3 through R12 Districts shall be limited to public, private, for-profit or not-for-profit medical, health and mental health care facilities licensed by the State of New York, or a facility in which patients are diagnosed or treated by health care professionals, licensed by the State of New York or by persons under the supervision of such licensee for medical, health or mental health conditions, and where such patients are ambulatory rather than admitted. Such facilities shall not include the practice of veterinary medicine or ophthalmic dispensing.
  4. Non-commercial clubs in R3 through R12 Districts shall not include:
    1. clubs, the chief activity of which is a service predominantly carried on as a business;
    2. non-commercial outdoor swimming pool clubs; or
    3. any other non-commercial clubs with outdoor swimming pools located less than 500 feet from any lot line.

However, non-commercial outdoor swimming pool clubs or any non-commercial club with an outdoor swimming pool located less than 500 feet from any lot line may be permitted by special permit by the City Planning Commission, in accordance with Section 74-133 (Swimming pool clubs or certain non-commercial clubs).

22-134 Use Group III – uses permitted by special permit

For uses denoted with “○” in Section 22-131 (Use Group III – general use allowances), the provisions of this Section shall apply. 

  1. The following uses may be permitted in R1 or R2 Districts by special permit of the Board of Standards and Appeals:
    1. College or school student dormitories and fraternity or sorority student houses may be permitted in accordance with Section 73-131 (College or school student dormitories or fraternity or sorority student houses).
    2. Colleges or universities, including professional schools but excluding business colleges or trade schools may be permitted in accordance with Section 73-132 (Colleges or universities).
    3. Non-commercial clubs may be permitted in accordance with Section 73-135 (Non-commercial clubs).
    4. Welfare centers may be permitted in accordance with Section 73-136 (Welfare centers).
  2. The following uses may be permitted in R1 or R2 Districts by special permit of the City Planning Commission: long-term care facilities in accordance with Section 74-131 (Long-term care facilities). However, long-term care facilities shall be permitted as-of-right on qualifying residential sites.
22-135 Use Group III – additional provisions for parking requirement category

For permitted uses denoted with “*” for parking requirement category (PRC) in Section 22-131 (Use Group III – general use allowances), the provisions of this Section shall apply.

  1. Non-profit hospital staff dwellings shall be subject to parking requirements applicable to residences, in accordance with Section 25-022 (Applicability of regulations to non-profit hospital staff dwellings).
  2. For colleges, universities or seminaries, the portion of such facility that is used for classrooms, laboratories, student centers or offices shall be classified as PRC G. The portion of such facility that is used for theaters, auditoriums, gymnasiums or stadiums shall be classified as PRC B2.
22-141 Use Group IV – general use allowances

The following tables include uses classified as Use Group IV and set forth their allowances by Residence District. Such uses are categorized as public service facilities, utility infrastructure, or renewable energy and green infrastructure, as provided in paragraphs A, B and C of this Section. Notations found in the tables are further described in Section 22-10 (USE ALLOWANCES).

A.    Public Service Facilities

USE GROUP IV(A) – PUBLIC SERVICE FACILITIES

● = Permitted     = Permitted with limitations     ○ = Special permit required    

– = Not permitted
S = Size restriction     P = Additional conditions

Uses

R1

R2

R3

R4

R5

R6

R7

R8

R9

R10

R11

R12

PRC

Public Service Buildings

Court houses

A4

Fire or police stations

A4

Other Facilities

Prisons

G

B.    Infrastructure

USE GROUP IV(B) – INFRASTRUCTURE

● = Permitted     = Permitted with limitations     ○ = Special permit required    

– = Not permitted
S = Size restriction     P = Additional conditions

Uses

R1

R2

R3

R4

R5

R6

R7

R8

R9

R10

R11

R12

PRC

Communication Infrastructure

Radio or television towers, non-accessory

N/A

Telephone exchanges or other communications equipment structures

N/A

Electric and Gas Infrastructure

Electric power or steam generating plants

D2

Electric utility substation

N/A

Gas utility substations

N/A

Public utility stations for oil or gas metering or regulating

N/A

Terminal facilities at river crossings for access to electric, gas, or steam lines

N/A

Sewage, Storm Water and Waste Infrastructure

Composting

D2

Dumps, recycling or material recovery facilities, marine transfer stations for garbage or slag piles

D2

Incineration or reduction of garbage, offal or dead animals

D1

Radioactive waste disposal services involving the handling or storage of radioactive waste

D1

Sewage disposal plants

D1

Water or sewage pumping stations

N/A

Transportation Infrastructure

Airports

N/A

Boat launching facilities for non-commercial pleasure boats

N/A

Bus stations

N/A

Docks

G

 

Freight terminals, yards or appurtenances, or facilities or services used or required in railroad operations, but not including passenger stations

D2

 

Heliports

N/A

 

Mooring facilities for non-commercial pleasure boats

N/A

 

Public transit or railroad electric substations

D2

 

Public transit yards, including accessory motor fuel pumps

D2

 

Railroad right-of-way

N/A

Railroad passenger stations

N/A

Seaplane bases

N/A

Truck weighing stations

D2

C.    Renewable Energy and Green Infrastructure

USE GROUP IV(C) – RENEWABLE ENERGY AND GREEN INFRASTRUCTURE

● = Permitted     = Permitted with limitations     ○ = Special permit required    
– = Not permitted
S = Size restriction     P = Additional conditions

Uses

R1

R2

R3

R4

R5

R6

R7

R8

R9

R10

R11R12

PRC

Renewable Energy and Green Infrastructure

Energy infrastructure equipment


S     P


S     P


S     P


S     P


S     P


S     P


S     P


S     P


S     P


S     P

   ●
S     P
   ●
S     P

N/A

Public bicycle and micromobility parking

   –   –

N/A

Recycling, or organic material, receiving

   –   –

N/A

22-142 Use Group IV – uses subject to size limitations

For uses denoted with an “S” in Section 22-141 (Use Group IV – general use allowances), the provisions of this Section shall apply. In all Residence Districts, energy infrastructure equipment shall be limited to an aggregate lot area of not more than 10,000 square feet. Such size limit may be modified by special permit of the Board of Standards and Appeals, in accordance with Section 73-147 (Energy infrastructure equipment).

22-143 Use Group IV – uses subject to additional conditions

For uses denoted with a “P” in Section 22-141 (Use Group IV – general use allowances), the provisions of this Section shall apply. In all Residence Districts, energy infrastructure equipment shall comply with the enclosure and screening provisions of Section 26-50 (SPECIAL SCREENING AND ENCLOSURE PROVISIONS).

22-144 Use Group IV – uses permitted by special permit

For uses denoted with “○” in Section 22-141 (Use Group IV – general use allowances), the provisions of this Section shall apply.

  1. The following uses may be permitted in all Residence Districts by special permit of the Board of Standards and Appeals: 
    1. Radio or television towers may be permitted in accordance with Section 73-141 (Radio or television towers).
    2. Telephone exchanges or other communications equipment structures may be permitted in accordance with Section 73-142 (Telephone exchanges or other communications equipment structures).
    3. Electric utility substations on a site no greater than 40,000 square feet may be permitted in accordance with Section 73-143 (Electric or gas utility substations).
    4. Gas utility substations may be permitted in accordance with Section 73-143 (Electric or gas utility substations).
    5. Public utility stations for oil or gas metering or regulating may be permitted in accordance with Section 73-144 (Public utility stations or terminal facilities).
    6. Terminal facilities at river crossings for access to electric, gas or steam lines may be permitted in accordance with Section 73-144 (Public utility stations or terminal facilities).
    7. Water pumping stations may be permitted in accordance with Section 73-145 (Water pumping stations).
    8. Public transit or railroad electric substations on a site no greater than 40,000 square feet may be permitted in accordance with Section 73-146 (Public transit or railroad electric substations);
  2. The following uses may be permitted in all Residence Districts by special permit of the City Planning Commission, except as otherwise specified:
    1. Fire or police stations may be permitted in accordance with Section 74-141 (Fire or police stations).
    2. Electric utility substations on a site greater than 40,000 square feet may be permitted in accordance with Section 74-142 (Electric utility substations).
    3. Sewage disposal plants may be permitted in accordance with Section 74-143 (Sewage pumping stations and sewage disposal plants).
    4. Sewage pumping stations may be permitted in accordance with Section 74-143 (Sewage pumping stations and sewage disposal plants).
    5. Docks for ferries or water taxis may be permitted in all Residence Districts, except R1 and R2 Districts, in accordance with Section 62-833 (Docks for ferries or water taxis in Residence Districts). However, in R6 through R12 Districts, when located within Community District 1 in the Borough of Brooklyn, such docks are permitted by certification by the Chairperson of the City Planning Commission, pursuant to Section 62-813 (Docking facilities for ferries or water taxis in certain waterfront areas).
    6. Public transit or railroad electric substations on a site greater than 40,000 square feet may be permitted in accordance with Section 74-147 (Public transit or railroad electric substations).
    7. Railroad passenger stations may be permitted in accordance with Section 74-148 (Railroad passenger stations).
    8. Seaplane bases may be permitted in accordance with Section 74-149 (Seaplane Bases).
22-221 Nameplates or identification signs

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

(a)        For all buildings containing residences, one nameplate, with an area not exceeding one square foot and indicating only the name or address of the occupant or a permitted occupation, is permitted for each dwelling unit or rooming unit.

(b)        For multiple dwellings, including apartment hotels, or for permitted non-residential buildings or other structures exclusive of hospitals and related facilities, one identification sign, with an area not exceeding 12 square feet and indicating only the name of the permitted use, the name or address of the building, or the name of the management thereof, is permitted. For community facility uses, except hospitals and related facilities, a bulletin board, with an area not exceeding 16 square feet, is also permitted. For any sign on awnings or canopies, the height of letters on any side of such awnings or canopies shall not exceed 12 inches.

(c)        For hospitals and related facilities, any number of identification or directional signs are permitted, provided the total surface area in square feet of all such signs shall not exceed 25 square feet on any one street frontage or 15 percent of such street frontage in feet, whichever is less. However, for zoning lots with more than one building that fronts upon the same street, each such building shall be permitted a surface area of 25 square feet. In addition to the aforementioned signs, either one directory or bulletin board, or combination thereof, is permitted, not to exceed 50 square feet.

22-222 "For sale" or "for rent" signs

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

"For sale" or "for rent" signs, with an area not exceeding 12 square feet, are permitted. If located on vacant land, such a sign shall not be within 15 feet of the street line, nor within six feet of any other lot line.

22-223 Signs for parking areas

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

One sign, with an area not exceeding two square feet, designating each entrance to or exit from an off-street parking area, open or enclosed, is permitted. No such sign shall be higher than seven feet above curb level.

In addition, an off-street parking facility that contains car sharing vehicles may provide signs that in the aggregate total no more than two square feet in area identifying organizations that have car sharing vehicles available at such parking area. No such sign shall be located higher than seven feet above curb level.

22-231 Permitted illuminated accessory signs for hospitals and related facilities

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, for hospitals and related facilities, illuminated non-flashing accessory signs are permitted in all districts, subject to Section 22-24 (Additional Regulations). Any number of illuminated non-flashing identification or directional signs are permitted, provided that the total surface area in square feet of said illuminated signs or the combined total surface area in square feet of the illuminated and non-illuminated identification or directional signs does not exceed 25 square feet on any one street frontage or 15 percent of such street frontage in feet, whichever is less, and provided further that the Commissioner of Buildings determines that such signs are so located as to cause a minimum amount of light to be projected onto abutting or adjacent residences. However, for zoning lots with more than one building that front upon the same street, each such building shall be permitted a surface area of 25 square feet.

In addition to illuminated or non-illuminated accessory signs, one illuminated non-flashing directory or bulletin board or combination thereof is permitted in lieu of a non-illuminated directory or bulletin board or combination thereof provided that the total sign area does not exceed 50 square feet and provided further that the Commissioner of Buildings determines that such sign is so located as to minimize the amount of light projected on the abutting or adjacent residences.

22-232 Flags, banners or pennants on lots containing certain community facilities

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, flags, banners or pennants other than those that are advertising signs, located on any zoning lot used primarily for community facility uses of a civic, philanthropic, educational or religious nature, are permitted without limitation.

22-241 Projecting signs

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

No sign shall project across a street line more than 12 inches.

22-242 Height of signs

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

No sign shall extend above the ground floor ceiling, or more than 20 feet above curb level, whichever is less.

23-231 Floor area provisions for amenities

Floor space in a building allocated to residential amenities may be exempted from the definition of floor area, in an amount not to exceed five percent of the residential floor area of the building.

Such amenities may include recreation spaces, including those required pursuant to Section 23-63, or other amenities, including, but not be limited to, co-working areas, library or reading rooms, or music practice rooms, package or storage rooms, laundry facilities, or pet-related facilities.

However, amenity space shall not include floor space for circulation through the building, including, corridors or vertical circulation spaces.  

Amenities provided pursuant to this Section shall be accessible to the residents of the building

23-232 Floor area provisions for corridors

Floor space in a building allocated to corridors may be exempted from floor area pursuant to the provisions of paragraphs (a) or (b) of this Section. Such provisions may be applied individually or in combination.

  1. Corridors Termination

    Fifty percent of the floor space of a corridor may be exempted from the definition of floor area where one of the following criteria are met: 
    1. the corridor provides direct access to outdoor space on a balcony or terrace on the same story that is accessible to residents of the story;
    2. the corridor has daylighting through windows with a glazed area of at least 20 square feet, and such windows are located:
      1. directly within the corridor;
      2. in the enclosing walls of a stairwell along such corridor, and access to such stairwell from the corridor is provided through an entry door assembly with a minimum glazed area of at least 16 square feet; or 
      3. within common space along such corridor that accessible to residents of the story; or
    3. the corridor terminates with a dwelling unit that contains at least three bedrooms.
  2. Length of Corridor

    Fifty percent of the floor space of a corridor may be exempted from the definition of floor area, where the length of the corridor, as measured from the vertical circulation core to the door of the furthest dwelling unit on the story, does not exceed 100 linear feet. For the purposes of this Section, a vertical circulation core shall refer to an elevator core (consisting of one or more elevators) or, in a non-elevator building, to a central stairwell. 
23-233 Floor area provisions for refuse storage and disposal

Floor space in a building allocated to refuse storage and disposal may be exempted from the definition of floor area in an amount not to exceed a maximum of three square feet per dwelling unit in the building

23-234 Elevated Ground Floor Units

For buildings with entryways at curb level that accommodate ramps, stairs or lifts to dwelling units that are elevated above curb level on the first story of the building, up to 100 square feet of such entryways may be exempted from the definition of floor area for each foot of difference between the floor level of such dwelling units and curb level. However, no more than a maximum of 500 square feet of floor space may be exempted from the definition of floor area for each building.

23-241 Special tower provisions

In R9 and R10 Districts, for zoning lots containing a building that is developed or enlarged pursuant to the applicable tower regulations of Section 23-435 (Tower regulations), any floor space used for mechanical equipment provided pursuant to paragraph (8) of the definition of floor area in Section 12-10 (DEFINITIONS), and any floor space that is or becomes unused or inaccessible within a building, pursuant to paragraph (k) of the definition of floor area in Section 12-10, shall be considered floor area and calculated in accordance with the provisions of this Section, provided that such floor space:

  1. occupies the predominant portion of a story;
  2. is located above the base plane or curb level, as applicable, and below the highest story containing residential floor area; and
  3. exceeds an aggregate height of 25 feet within any given 75 vertical feet of one another within a building.

For the purpose of applying this provision, the height of such floor space shall be measured from the top of a structural floor to the bottom of a structural floor directly above such space. In addition, the number of stories of floor area such space constitutes within the building shall be determined by aggregating the total height of such floor spaces, dividing by 25 feet, and rounding to the nearest whole integer.

23-242 Special provisions for certain community districts
  1. Borough of Brooklyn

    For R1 through R3 Districts south of Avenue H in Community Districts 11, 14 and 15 in the Borough of Brooklyn, the maximum floor area ratio for standard zoning lots set forth in Section 23-21 (Floor Area Regulations for R1 Through R5 Districts) shall be increased to 1.0.  
23-243 Existing public amenities for which floor area bonuses have been received
  1. Elimination or reduction in size of non-bonused open area on a zoning lot containing a bonused amenity

    In all districts, any existing open area for which a floor area bonus has not been utilized that occupies the same zoning lot as an existing publicly accessible open area or other public amenity, open or enclosed, for which a floor area bonus has been utilized, may be reduced in size or eliminated only upon certification of the Chairperson of the City Planning Commission that all bonused amenities comply with the standards under which such floor area bonus was granted.
  2. Nighttime closing of existing public open areas

    In all Residence Districts, the Commission may, upon application, authorize the closing during certain nighttime hours of an existing publicly accessible open area for which a floor area bonus has been received, pursuant to Section 37-727 (Hours of access).
  3. Elimination or reduction in size of existing public amenities

    In all districts, no existing publicly accessible open area, arcade or other public amenity, open or enclosed, for which a floor area bonus has been utilized, shall be eliminated or reduced in size except by special permit of the Commission, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).
23-311 Permitted obstructions in all yards, courts and open areas

In all Residence Districts, the following obstructions shall be permitted within any required yard, rear yard equivalent, court or other required open area. These allowances are generally common to Residence, Commercial and Manufacturing Districts.

  1. Accessory mechanical equipment, limited in depth to 18 inches from an exterior wall;
  2. Arbors or trellises;
  3. Awnings and other sun control devices, provided that when located at a level higher than the first story, excluding a basement, all such awnings and other sun control devices:
    1. shall be limited to a maximum projection from a building wall of 2 feet, 6 inches; and
    2. shall have solid surfaces that, in aggregate, cover an area no more than 30 percent of the area of the building wall (as viewed in elevation) from which they project;
  4. Bicycle or micromobility parking, including necessary ancillary structures;
  5. Canopies;
  6. Chimneys, projecting not more than three feet into, and not exceeding two percent of the area of, the required yard or rear yard equivalent;
  7. Eaves, gutters, downspouts, or other similar projections, extending into such yard or rear yard equivalent not more than 16 inches or 20 percent of the width of such yard or rear yard equivalent, whichever is the lesser distance;
  8. Electric vehicle charging equipment;
  9. Flagpoles;
  10. Qualifying exterior wall thickness;
  11. Ramps or lifts for people with physical disabilities;
  12. Solar energy systems, accessory or as part of an energy infrastructure equipment:
    1. on walls existing on April 30, 2012, projecting no more than 10 inches and occupying no more than 20 percent of the surface area of the building wall (as viewed in elevation) from which it projects; or
    2. above other permitted obstructions, as applicable, provided that the additional height shall be limited to 18 inches;
  13. Terraces or porches, open;
  14. Window sills, or similar projections extending into such yard or rear yard equivalent not more than four inches.
23-312 Additional permitted obstructions generally permitted in all yards

In all Residence Districts, the obstructions set forth in Section 23-311 (Permitted obstructions in all yards, courts and open areas), as well as the following obstructions, shall be permitted within any yard or rear yard equivalent:

  1. Balconies, unenclosed, of a building containing residences subject to the applicable provisions of Section 23-62. Such balconies are not permitted in side yards or within five feet of the side lot line or rear lot line in a rear yard or rear yard equivalent;
  2. Fences, not exceeding four feet in height above adjoining grade in any front yard, except that for corner lots a fence may be up to six feet in height within that portion of one front yard that is between a side lot line and the prolongation of the side wall of the residence facing such side lot line;
  3. Fire escapes, projecting into a front yard, only in such cases where the fire escape is required for the conversion of a building in existence before December 15, 1961;
  4. Overhanging portions of a single- or two-family residence , which are above the first story including the basement and which project not more than three feet into the front yard. In no case shall the lowest level of the projected portion be less than seven feet above the level of the front yard at the face of the building. Supports for the projected portion of any building are permitted obstructions within the required front yard, provided that the total area occupied by such supports does not exceed 15 percent of the area underneath the projected portion. No support may extend beyond the three-foot projection;
  5. Parking spaces for automobiles, off-street, open, accessory, within a side or rear yard;
  6. Parking spaces, off-street, open, within a front yard, that are accessory to a building containing residences, subject to the provisions of Section 25-621 (Location of parking spaces in certain districts) and Section 25-622 (Location of parking spaces in lower density growth management areas).

    However, no parking spaces of any kind shall be permitted in any front yard in an R4B, R5B or R5D District, or the front yard of a building containing residences on a qualifying residential site in an R1 through R5 District. Furthermore, no parking spaces of any kind shall be permitted in any front yard on a zoning lot containing an attached or semi-detached building in an R1, R2, R3A, R3X, R4A or R5A District, or in any front yard on a zoning lot containing an attached building in an R3-1 or R4-1 District;
  7. Energy infrastructure equipment and accessory mechanical equipment, provided that:
    1. all equipment shall be subject to the applicable provisions of Section 26-50 (SPECIAL SCREENING AND ENCLOSURE PROVISIONS);
    2. the size of all equipment, including any screening or portions of any building or other structure enclosing such equipment, shall not exceed:
      1. an area equivalent to 25 percent of a required yard, or rear yard equivalent, and in addition, in front yards, is limited to an area not exceeding 25 square feet. However, for corner lots, one front yard may be treated as a side yard for the purpose of applying such size restrictions;
      2. in R1 through R5 Districts, a height of 10 feet above the adjoining grade in rear yards, rear yard equivalents and side yards, or a height of five feet above the adjoining grade in front yards; and
      3. in R6 through R12 Districts, a height of 15 feet above the adjoining grade;
  8. Steps, provided that such steps access only the lowest story or cellar of a building fronting on a street, which may include a story located directly above a basement;
  9. Swimming pools, accessory, above-grade structures limited to a height not exceeding eight feet above the level of the rear yard or rear yard equivalent. Accessory swimming pools are not permitted obstructions in any front yard;
  10. Walls, not exceeding eight feet in height above adjoining grade and not roofed or part of a building, and not exceeding four feet in height in any front yard, except that for corner lots, a wall may be up to six feet in height within that portion of one front yard that is between a side lot line and the prolongation of the side wall of the residence facing such side lot line.
23-313 Level and measurement of yards

In all Residence Districts, the level of a yard or of a rear yard equivalent shall not be higher than curb level, except that natural grade level need not be disturbed in order to comply with this requirement. No building or other structure shall be erected above ground level in any required yard or rear yard equivalent, except where permitted as an obstruction pursuant to Section 23-30, inclusive.

The width or depth of a yard or rear yard equivalent shall be measured perpendicular to lot lines.

23-321 Basic front yard requirements in R1 through R5 Districts

R1 R2 R3 R4 R5

In the districts indicated, front yards shall be provided as set forth in the following table, except as further modified by the provisions of this Section. 

District

                                                                                            Front Yard

R1

                                                                                                    20 feet

R2 R2A R2X

R3-1 R3-2

                                                                                                    15 feet

R3A R3X

R4 R4-1 R4A

R5 R5A

                                                                                                    10 feet

R4B

R5B R5D

                                                                                                      5 feet

For the purpose of this Section, the area between the street line and the street wall line of adjacent buildings containing residences on the same or adjoining zoning lots fronting on the same street shall be considered adjacent front yards.

Minimum front yard yards shall be modified as follows:

  1. For qualifying residential sites with a lot width of at least 150 feet, the applicable front yard depth set forth in the table may be reduced by five feet, except that a front yard shall be no shallower than five feet;
  2. For a corner lot, one front yard may have a depth that is five feet shallower than the applicable depth set forth in the table, except that a front yard shall be no shallower than five feet;
  3. Where an adjacent front yard is shallower than the minimum required pursuant to the applicable district regulations, then the front yard may be as shallow as the shallowest adjacent front yard. However, a front yard shall be no shallower than five feet;
  4. In R4B and R5B Districts, a front yard shall be no deeper than the deepest adjacent front yard and no shallower than the shallowest adjacent front yard. However, a front yard shall be no shallower than five feet, and need not exceed 15 feet in depth. Where the street walls surrounding the subject building do not have a prevailing street wall frontage, these front yard line-up provisions need not apply; and 
  5. To accommodate street wall articulation, such as bay windows, and facade recesses, up to 50 percent of the aggregate width of street wall, at any level, may encroach into a required front yard, provided that no encroachment exceeds a depth of three feet, as measured perpendicular to the street wall, or portion thereof.
23-322 Front yard requirements for R6 through R12 Districts

R6 R7 R8 R9 R10 R11 R12

In the districts indicated, no front yard requirements shall apply.

23-331 Permitted obstructions in certain side yards

In all Residence Districts, the obstructions set forth in Section 23-311 (Permitted obstructions in all yards, courts and open areas) and 23-312 (Additional permitted obstructions generally permitted in all yards) shall be permitted within required side yards and required open areas along side lot lines. In addition, the following obstructions shall be permitted within certain portions of required side yards and required open areas along side lot lines:

  1. on corner lots, enclosed accessory off-street parking spaces may be located in any portion that is within 30 feet of both side lot lines. However, in R1 or R2A Districts on zoning lots whose mean width is 45 feet or more, no portion of such structure shall be located less than five feet from any side lot line; and
  2. on zoning lots other than corner lots, the permitted obstructions listed in Section 23-341 (Permitted obstructions in required rear yards or rear yard equivalents) may be located in any portion that is within 30 feet of a rear lot line or within 10 feet of a rear yard equivalent.
23-332 Basic side yard requirements in R1 through R5 Districts

R1 R2 R3 R4 R5

  1. Detached buildings

    In the districts indicated, for zoning lots containing only single- or two-family detached residences, two side yards, shall be provided. In R1 Districts the minimum width of each side yard shall be eight feet, and in all other districts, the minimum width shall be five feet.

R3 R4 R5

  1. Semi-detached buildings and zero lot line buildings

    In the districts indicated, for zoning lots containing only single- or two-family semi-detached or zero lot line residences, a side yard with a minimum width of five feet shall be provided. 

    In addition, where an adjoining zoning lot contains a single- or two-family detached semi-detached, or zero lot line residence, an open area with a minimum total width of eight feet shall be required between the building on the subject zoning lot and the residence on the adjacent zoning lot.

R3-2 R4 R4B R5 R5B R5D

  1. Other residences

    In the districts indicated, for zoning lots containing residences that are not subject to paragraphs (a) or (b) of this Section, no side yards shall be required. However, if any open area extending along a side lot line is provided at any level, it shall have a minimum width of five feet, measured perpendicular to the side lot line. Furthermore, where a zoning lot adjoins a zoning lot containing exclusively single- or two-family residences, and where a side yard with a minimum width of three feet or more is provided along the common side lot line, an open area with a minimum total width of eight feet shall be required between the building on the subject zoning lot and the residence on the adjacent zoning lot.

R1 R2 R3 R4 R5

  1. Permitted obstructions in open areas between buildings

    Only accessory mechanical equipment limited in depth to 18 inches from an exterior wall, chimneys, downspouts, eaves, gutters, open accessory off-street parking spaces, qualifying exterior wall thickness, ramps for access by people with disabilities, and steps as set forth in the applicable provisions of Sections 23-311 and 23-312 shall be permitted obstructions in open areas between buildings, provided that such obstructions, not including accessory off-street parking spaces, qualifying exterior wall thickness or accessory mechanical equipment, may not reduce the minimum width of the open area by more than three feet.
23-333 Modified side yard requirements for qualifying residential sites

R1 R2 R3 R4 R5

In the districts indicated, for residences on qualifying residential sites, no side yards shall be required. However, if any open area extending along a side lot line is provided at any level, it shall have a minimum width of five feet, measured perpendicular to the side lot line.

Furthermore, except as provided for by paragraph (c) of Section 23-332 (Basic side yard requirements in R1 through R5 Districts), where a building containing residences on an adjacent zoning lot has a side yard adjoining the subject zoning lot an open area with a minimum width of five feet, measured perpendicular to the side lot line shall be provided, and shall extend along the entire side lot line.

23-334 Modified side yard requirements for existing narrow zoning lots

R1 R2 R3 R4 R5 

In the districts indicated, where the width of a zoning lot is less than that required under the provisions of Section 23-11 (Lot Area and Lot Width Regulations in R1 Through R5 Districts), for a single- or two-family residence, the required total width of side yards, or minimum open area provided along a side lot line, as applicable, may be reduced by four inches for each foot by which the width of a zoning lot is less than that required, and where applicable, the minimum distance required between a residence on an adjacent zoning lot may be reduced by six inches for each foot by which the width of a zoning lot is less than that required, provided that the narrow lot condition was in existence on December 15, 1961, and, subsequently, such narrow lot condition has neither increased nor decreased in width.

However, in no event shall the required width of a side yard or open area be less than three feet and, where applicable, the minimum distance between a residence on an adjacent zoning lot be less than five feet.

23-335 Side yard requirements for R6 through R12 Districts

R6 R7 R8 R9 R10 R11 R12

  1. Detached buildings

    In the districts indicated, for zoning lots containing only single-family or two-family detached residences, two side yards, each with a minimum width of five feet, shall be provided.
  2. All other buildings

    In the districts indicated, for zoning lots containing all other types of residences, no side yards shall be required. However, if any open area extending along a side lot line is provided at any level, it shall have a minimum width of five feet, measured perpendicular to the side lot line.
23-341 Permitted obstructions in required rear yards or rear yard equivalents
  1. In all Residence Districts, the obstructions set forth in Sections 23-311 and 23-312, as well as the following obstructions shall be permitted within any required rear yard or rear yard equivalent. These allowances are generally common to Residence, Commercial and Manufacturing Districts.
    1. Breezeways;
    2. Fire escapes;
    3. Greenhouses, non-commercial, accessory, limited to one story or 15 feet in height above adjoining grade, whichever is less, and limited to an area not exceeding 25 percent of a required rear yard;
    4. Recreational or drying yard equipment;
    5. Sheds, tool rooms or other similar accessory buildings or other structures for domestic or agricultural storage, with a height not exceeding 10 feet above the level of the rear yard or rear yard equivalent;
    6. Solar energy systems, accessory or as part of an energy infrastructure equipment:
      1. on the roof of a building permitted as an obstruction to such yard, up to four feet in height as measured perpendicular to the roof surface; however, limited to 18 inches in height as measured perpendicular to the roof surface when located above a detached accessory building or other structure, or on any roof with a slope greater than 20 degrees; or
      2. affixed to solar canopies and located over any otherwise unenclosed accessory off-street parking space, provided that the height shall not exceed 15 feet above the level of the adjoining grade;
    7. Water-conserving devices required in connection with air conditioning or refrigeration systems in buildings existing prior to May 20, 1966, if located not less than eight feet from any lot line.
  2. In all Residence Districts, the obstructions set forth in Sections 23-311 and 23-312, as well as the following obstructions shall be permitted within any required rear yard or rear yard equivalent
    1. Balconies, unenclosed, subject to the provisions of Section 23-62;
    2. Parking spaces, off-street, accessory, for automobiles or bicycles, provided that:
      1. if accessory to a single- or two-family residence, the height of a building containing such parking spaces shall not exceed 10 feet in height above the adjoining grade and such building shall be detached from such residence. Parking spaces shall also be permitted in buildings allowed as permitted obstructions pursuant to paragraph (b)(4) of this Section, provided that the portion allocated to parking spaces does not exceed 10 feet in height;
      2. if accessory to any other kind of building containing residences, the height of a building, or portion thereof, containing such parking spaces within the rear yard, shall not exceed 15 feet above base plane. In addition, decks, parapet walls, roof thickness, skylights, vegetated roofs, and weirs, as set forth in Section 23-41 (Permitted Obstructions), inclusive, limited to 18 inches in height, as measured perpendicular to the roof surface, shall be permitted upon the roof of such accessory building within the rear yard;
      3. enclosed accessory parking spaces for bicycles shall be accessory to a residence other than a single- or two-family residence, attached to a building, and the area dedicated to such spaces shall not exceed the area of bicycle parking spaces permitted to be excluded from floor area pursuant to Section 25-85 (Floor Area Exemption);
    3. any portion of a building used for residential uses other than dwelling units in buildings containing qualifying senior housing, provided that:
      1. such zoning lot is located in an R6 through R12 Districts other than R6B, R7B or R8B Districts;
      2. such building portion is located within 100 feet of a wide street;
      3. the height of such building portion does not exceed one story, or 15 feet above the adjoining grade, whichever is less; and
      4. such space shall be accessible to all residents of the building.

        In addition, decks, parapet walls, roof thickness, skylights, vegetated roofs and weirs, as set forth in Section 23-41 (Permitted Obstructions), inclusive, limited to 18 inches in height, as measured perpendicular to the roof surface, shall be permitted upon the roof of such portion of a building within the rear yard.

    4. for single- or two- family residences, any portion of a building used for residential uses, provided that:
      1. for any ancillary dwelling unit associated with a detached, zero lot line or semi-detached building, the height, at any level, shall be limited to one story, not to exceed 15 feet. However, where an accessory parking space is provided below a portion of a building containing an ancillary dwelling unit, the height of such building, and an associated ancillary dwelling unit, shall not exceed two stories or 25 feet in height above adjoining grade, whichever is less, including the apex of a pitched roof;
      2. for detached and zero lot line buildings, the height of all other portions of buildings not containing an ancillary dwelling unit shall be limited to two stories or 25 feet in height above adjoining grade, whichever is less, including the apex of a pitched roof; 
      3. the size shall be limited to an area not exceeding one-third of the rear yard or rear yard equivalent; and 
      4. where such building is free-standing from other existing buildings on the zoning lot, it shall not be closer than five feet to a rear lot line or side lot line

        In addition, parapet walls, roof thickness, skylights, vegetated roofs and weirs, as set forth in Section 23-41 (Permitted Obstructions), inclusive, limited to 18 inches in height, as measured perpendicular to the roof surface, shall be permitted upon the roof of such portion of a building within the rear yard

However, no portion of a rear yard equivalent which is also a required front yard or required side yard may contain any obstructions not permitted in such front yard or side yard.

23-342 Rear yard requirements

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, rear yards shall be provided on interior lots in accordance with this Section., except as otherwise provided pursuant to the provisions of Section 23-34, inclusive.

  1. Standard lots 

    In the districts indicated, a rear yard shall be provided as follows:
    1. For detached and zero lot line buildings, for buildings or portions thereof at or below a height of 75 feet, as measured from base plane, a rear yard with a depth of not less than 20 feet shall be provided at every rear lot line on any zoning lot, and for portions above 75 feet, where permitted, a rear yard with a depth of 30 feet shall be provided; and
    2. For semi-detached and attached buildings:
      1. for zoning lots with a lot width of less than 40 feet, a rear yard with a depth of not less than 30 feet shall be provided at every rear lot line on any zoning lot; and  
      2. for zoning lots with a lot width of 40 feet or greater, for buildings or portions thereof at or below a height of 75 feet, as measured from base plane, a rear yard with a depth of not less than 20 feet shall be provided at every rear lot line on any zoning lot, and for portions above 75 feet, where permitted, a rear yard with a depth of 30 feet shall be provided.
  2. Shallow lots

    In the districts indicated, the provisions of this Section may be modified where an interior lot is less than 95 feet deep at any point, and the shallow lot condition was in existence on December 15, 1961, and, subsequently, such shallow lot condition has neither increased nor decreased in depth.

    For such shallow interior lots, or portions thereof, the depth of a required rear yard set forth for standard lots may be reduced by six inches for each foot by which the depth of a zoning lot, or portion thereof, is less than 95 feet. However, in no event shall the minimum depth of a required yard, or portion thereof, be reduced to less than 10 feet.
23-343 Rear yard equivalent requirements

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, rear yard equivalents shall be provided on through lots in accordance with this Section, except as otherwise provided pursuant to the provisions of Section 23-34, inclusive. 

  1. Exceptions

    No rear yard equivalent regulations shall apply:
    1. to any through lots that extend less than 110 feet in maximum depth from street to street
    2. to large sites;
    3. to any zoning lot that includes a through lot portion that is contiguous on one side to two corner lot portions and such zoning lot occupies the entire block frontage of a street; or 
    4. to any zoning lot occupying an entire block
  2. Depth requirement 
    1. For standard lots

      On any through lot that is 190 feet or more in maximum depth from street to street, for buildings or portions thereof at or below a height of 75 feet, a rear yard equivalent consisting of an open area with a minimum depth of 40 feet shall be provided, and above a height of 75 feet, where permitted, a rear yard equivalent of 60 feet shall be provided. 
    2. For shallow lots

      The depth of a rear yard equivalent may be reduced where a through lot is less than 190 feet deep at any point, and the shallow lot condition was in existence on December 15, 1961, and, subsequently, such shallow lot condition has neither increased nor decreased in depth.

      For such shallow through lots, or portions thereof, the depth of a required rear yard equivalent set forth for standard through lots in this Section, may be reduced by one foot by which the depth of a zoning lot, or portion thereof, is less than 190 feet. However, in no event shall the minimum depth of a required yard, or portion thereof, be reduced to less than 20 feet.
  3. Location requirement
    1. Standard location

      A rear yard equivalent shall be provided midway, or within 10 feet of being midway, between the two street lines upon which such through lot fronts.
    2. Alternative location allowances

      Alternatively, for zoning lots utilizing the height and setback provisions for eligible sites in Section 23-434, the tower regulations of Section 23-435, or other height and setback provisions of this Resolution that modify or supersede the underlying provisions for R10 Districts without a letter suffix, or for shallow lots eligible for the provisions of paragraph (b)(2) of this Section, the following options may be applied: 
      1. open areas adjoining and extending along the full length of either or both street lines, where the combined depth of such open areas is equivalent to the depth of the required rear yard equivalent;  
      2. open areas adjoining and extending along the full length of each side lot line with a minimum width equivalent to half of the required rear yard equivalent, as measured perpendicular from each side lot line. However, the width of such open area along one side lot line may be decreased provided that a corresponding increase in width is made along the other side lot line and further provided that any open area shall have a minimum width of five feet. The allowances for permitted obstructions in any yard or rear yard equivalent set forth in Sections 23-311 and 23-312 shall be permitted in such open areas.

Any such rear yard equivalent shall be unobstructed from its lowest level to the sky, except as provided in Section 23-341 (Permitted obstructions in required yards or rear yard equivalents).

23-344 Additional rear yard modifications

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the rear yard requirements set forth in Section 23-342 (Rear yard requirements) and the rear yard equivalent requirements of Section 23-343 (Rear yard equivalent requirements) shall be modified as set forth in this Section.

  1. Within one hundred feet of corners

    In the districts indicated, no rear yard shall be required within 100 feet of the point of intersection of two street lines intersecting at an angle of 135 degrees or less.
  2. Along short dimension of a block

    In the districts indicated, whenever a front lot line of a zoning lot coincides with the street line of the short dimension of a block, no rear yard shall be required within 100 feet of such street line
  3. Beyond one hundred feet of a street line

    In all districts, as indicated, for interior or through lot portions of corner lots, and for zoning lots bounded by two or more streets that are neither corner lots nor through lots, the portion of a side lot line beyond 100 feet of the street line that it intersects shall be considered a rear lot line and the following rules shall apply along such rear lot line:
    1. In all districts, a rear yard shall be provided in accordance with Section 23-342 (Rear yard requirements), where such rear lot line coincides with a rear lot line of an adjoining zoning lot.
      Section <a class='sec-link-inline' target='_blank' href='/article-ii/chapter-3#23-344'><span>23-344</span></a> (Additional rear yard modifications) para (c)(1) - corner lots
    2. In R1 through R5 Districts, a rear yard with a minimum depth of five feet shall be provided where such rear lot line coincides with a side lot line of an adjoining zoning lot.
      Section <a class='sec-link-inline' target='_blank' href='/article-ii/chapter-3#23-344'><span>23-344</span></a> (Additional rear yard modifications) para (c)(2) - bounded by two or more streets
    3. In R6 through R12 Districts, no rear yard shall be required where such rear lot line coincides with a side lot line of an adjoining zoning lot.
  4. For zoning lots with multiple rear lot lines

    In all districts, as indicated, for zoning lots with multiple rear lot lines, if a rear yard extends from a rear lot line away from the street line which is used to determine such rear lot line, the following rules shall apply along such rear lot line:
    1. In all districts, where any such rear lot line coincides with the rear lot line of an adjoining zoning lot, a rear yard shall be provided in accordance with Section 23-342 (Rear yard requirements).
      Section <a class='sec-link-inline' target='_blank' href='/article-ii/chapter-3#23-344'><span>23-344</span></a> (Additional rear yard modifications) para (d)(1) - multiple rear lot lines
    2. In R1 through R5 Districts, a rear yard with a minimum depth of five feet shall be provided where such rear lot line coincides with a side lot line of an adjoining zoning lot.
      Section <a class='sec-link-inline' target='_blank' href='/article-ii/chapter-3#23-344'><span>23-344</span></a> (Additional rear yard modifications) para (d)(2) - multiple rear lot lines 5ft min
    3. In R6 through R12 Districts, no rear yard shall be required where such rear lot line coincides with a side lot line of an adjoining zoning lot.
    4. In all districts, for portions of through lots that have multiple rear lot lines and such portions are not subject to interior lot regulations, the street line bounding the zoning lot closest to such rear lot line shall be used to determine compliance with this Section.
      Section <a class='sec-link-inline' target='_blank' href='/article-ii/chapter-3#23-344'><span>23-344</span></a> (Additional rear yard modifications) para (d)(4) - multiple rear lot lines not subj to interior lot regs

23-351 Permitted obstructions in courts

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, the obstructions permitted in Section 23-311 (Permitted obstructions in all yards, courts and open areas), as well as the following obstructions, shall be permitted within the minimum area and dimensions needed to satisfy the requirements for a court. For the purposes of applying such allowances to courts, all percentage calculations shall be applied to the area of the court instead of the yard:

  1. Fences;
  2. Fire escapes in outer courts;

    Fire escapes in outer court recesses not more than five feet in depth;

    Fire escapes in inner courts where such fire escapes are required as a result of alterations in buildings existing before December 15, 1961;

    Fire escapes in outer court recesses more than five feet in depth where such fire escapes are required as a result of alterations in buildings existing before December 15, 1961;
  3. Energy infrastructure equipment and accessory mechanical equipment, subject to the requirements set forth in paragraph (g) of Section 23-312 (Additional permitted obstructions generally permitted in all yards);
  4. Recreational or drying yard equipment.

In addition, for courts at a level higher than the first story, decks, skylights, parapet walls, roof thickness, solar energy systems up to four feet high, vegetated roofs, and weirs, as set forth in Section 23-41 (Permitted Obstructions), inclusive, shall be permitted.

23-352 Inner court regulations

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, the following inner court regulations shall apply:

  1. where legally required windows face onto an inner court, for buildings or portions thereof at or below a height of 75 feet, the area of an inner court shall not be less than 800 square feet, and the minimum dimension of such inner court shall not be less than 20 feet, and above a height of 75 feet, where permitted, the area of an inner court shall not be less than 1,200 square feet, and the minimum dimension of such inner court shall not be less than 30 feet;
  2. where no legally required windows face onto an inner court, for buildings or portions thereof at or below a height of 75 feet, the area of such small inner court shall not be less than 200 square feet and no dimension shall be less than 10 feet, and above a height of 75 feet, where permitted, the area of such small inner court shall not be less than 300 square feet and no dimension shall be less than 15 feet; and
  3. the width of an inner court recess shall be at least equal to the depth of the inner court recess, except that such width need not exceed the minimum dimension for an inner court, relative to the height.

For the purposes of this Section, that portion of an open area not part of an inner court and over which, when viewed directly from above, lines perpendicular to a lot line may be drawn into such inner court, shall be considered part of such inner court.

23-353 Outer court regulations

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, the following outer court regulations shall apply:

  1. where legally required windows face onto an outer court, the width of such outer court shall be at least equal to the depth of such outer court, except that an outer court may extend to any depth where the width of the outer court is 20 feet or more in buildings or portions thereof, at or below a height of 75 feet, or where the width of the outer court is 30 feet or more above a height of 75 feet, where permitted;
  2. where no legally required windows face onto an outer court, for buildings or portions thereof at or below a height of 75 feet, the area of such small outer court shall not be less than 200 square feet and no dimension shall be less than 10 feet, and above a height of 75 feet, where permitted, the area of such small outer court shall not be less than 300 square feet and no dimension shall be less than 15 feet; and
  3. the width of an outer court recess shall be at least equal to the depth of the outer court recess, except where such width permits any depth for an outer court, relative to the height.
23-361 Maximum lot coverage in R1 through R5 Districts

R1 R2 R3 R4 R5 

  1. For single- or two-family residences

    In the districts indicated, for zoning lots with buildings containing single- or two-family residences, the maximum residential lot coverage shall be as set forth in the following table.

    MAXIMUM RESIDENTIAL LOT COVERAGE FOR SINGLE OR TWO-FAMILY RESIDENCES​​​​​​​

     

    Lot type

    District

    Interior lots or through lots (percent)

    Corner lots (percent)

    R1  R2

    40

    80

    R3

    50

    80

    R4  R5

    60

    80


    However, in R2X, R3A and R3X Districts, the maximum residential lot coverage shall be that lot coverage remaining after the application of all required yards on the zoning lot
  2. For multiple dwelling residences

    In the districts indicated, for zoning lots with buildings containing multiple dwelling residences, where permitted, the maximum residential lot coverage for interior lots or through lots shall be 80 percent and the maximum residential lot coverage for corner lots shall be 100 percent.

    However, for large sites with buildings utilizing the provisions of Section 23-425 (Height and setback modifications for large sites), the maximum residential lot coverage of the entire site shall be 50 percent. Individual corner lot, interior lot, or through lot portions may exceed such overall maximum, provided they do not exceed the respective maximums that would apply to zoning lots that are not large sites.
23-362 Maximum lot coverage in R6 through R12 Districts

R6 R7 R8 R9 R10 R11 R12 

  1. For standard lots

    In the districts indicated, the maximum residential lot coverage for interior lots or through lots shall be 80 percent and the maximum residential lot coverage for corner lots shall be 100 percent.
  2. For eligible sites

    In the districts indicated, for zoning lots with buildings utilizing the eligible site provisions of Section 23-434 (Height and setback modifications for eligible sites), the maximum residential lot coverage of the entire site shall be:
    1. 65 percent on zoning lots with a lot area of 30,000 square feet or more that are not large sites; and
    2. 50 percent on large sites

                   Individual corner lot, interior lot, or through lot portions may exceed such overall maximum, provided they do not exceed the respective maximums that would apply to zoning lots that are not utilizing the eligible site provisions.

23-363 Special rules for certain interior or through lots

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12 

In the districts indicated, the maximum lot coverage set forth in Section 23-361 (Maximum lot coverage in R1 through R5 Districts) or 23-362 (Maximum lot coverage in R6 through R12 Districts), as applicable, may be increased in accordance with the provisions of this Section.

  1. Shallow zoning lots

    For zoning lots eligible for the rear yard modifications for shallow interior lots set forth in Section 23-342 (Rear yard requirements) or the rear yard equivalent modifications for shallow through lots set forth in Section 23-343 (Rear yard equivalent requirements), the maximum lot coverage of such zoning lot, or portion thereof, may be increased by one percent for every five feet the depth of such zoning lot, or portion thereof, is less than 95 feet for interior lots or 190 feet for through lots. Where the front lot line or rear lot line of a zoning lot intersects a side lot line at an angle other than 90 degrees, the depth of such zoning lot, or portion thereof, shall be measured at the midpoint of such irregularly angled lot line.

    In no event shall the maximum lot coverage of an interior lot or through lot exceed 90 percent. Shallow portions of a zoning lot may exceed such maximum, so long as the adjusted maximum lot coverage complies with such maximum.
  2. Within 100 feet of corners

    In the districts indicated, for interior or through lots, or portions thereof, within 100 feet of the point of intersection of two street lines intersecting at an angle of 135 degrees or less, the maximum lot coverage shall be 100 percent.
  3. Along the short dimension of the block

    In the districts indicated, whenever a front lot line of an interior or through lot coincides with the street line of the short dimension of a block, the maximum lot coverage for such zoning lot, or portion thereof, shall be 100 percent within 100 feet of such street line.
23-371 Standard minimum distance between buildings

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the minimum distance between the portion of a building containing residences and any other building on the same zoning lot shall be as provided in this Section.

For the purpose of this Section, abutting buildings on a single zoning lot may be considered a single building. However, if two or more portions of a building are not connected or not abutting at a particular level, such separated portions shall comply with the applicable provisions of this Section. In applying such provisions, the height of such separated portions shall be measured from the roof of the connecting or abutting portion of such building, as applicable, instead of from the base plane.

  1. Exceptions

    The provisions of this Section shall not apply to:
    1. buildings that are separated from each other by a rear yard equivalent; or
    2. space between a single-family, two-family, or three-family residence and a garage accessory thereto.
  2. For single- and two-family residences

    For buildings with two or fewer dwelling units, the required minimum distance between any such residences and any other building with two or fewer dwelling units on the same zoning lot, or a non-residential building on the same zoning lot shall vary according to the height of such buildings. Such minimum distance shall be measured perpendicular to the building wall or window, as applicable. However, for buildings with two or fewer dwelling units, the required minimum distance between any such residences and an ancillary dwelling unit on the same zoning lot shall be 10 feet. 

    For buildings with two or fewer dwelling units, the required minimum distance between any such residences and a building with three or more dwelling units on the same zoning lot shall be subject to the provisions of paragraph (c) of this Section. 

    Maximum Building Height above Base Plane or Curb Level, as Applicable (in feet)

    35 or less

    Between 35 and 50

    Over 50

    Minimum distance

    15

    20

    30

  3. For buildings that contain three or more dwelling units

    The minimum distance between a building containing three or more dwelling units and any other building on the zoning lot shall be applied in accordance with the provisions of this Section. Where two or more portions of a building are separated completely from one another at a particular level above grade, such separated portions shall comply with paragraph (c)(1) of this Section. Where there are multiple buildings on a single zoning lot that do not connect at any level, such buildings shall comply with paragraph (c)(2) of this Section.
    1. For separated portions of a building

      The required minimum distance between any separated portion of a building containing dwelling units shall be as follows:
      1. where legally required windows face onto a separated portion of a building at or below a height of 75 feet, the minimum dimension between such separated portions shall not be less than 20 feet, and above a height of 75 feet, where permitted, the minimum dimension shall not be less than 30 feet; and
      2. where no legally required windows face onto a separated portion of a building at or below a height of 75 feet, the minimum dimension between such separated portions shall not be less than 10 feet, and above a height of 75 feet, where permitted, the minimum dimension shall not be less than 15 feet.
    2. Two or more buildings on a single zoning lot

      The minimum distance between two or more buildings on the same zoning lot that are not connected at any level shall be 40 feet, as measured between the closest points of such buildings, for portions of buildings lower than 125 feet, as measured from the base plane or curb level, as applicable.

      Portions of such buildings higher than 125 feet shall be at least 80 feet apart, as measured between the closest points of such buildings. However, such minimum distance need not exceed 40 feet if such portions of buildings above a height of 125 feet do not exceed, in aggregate, a lot coverage of 40 percent or, for lots of less than 20,000 square feet, the percentage set forth in the table below:

      AGGREGATED LOT COVERAGE OF PORTIONS OF BUILDINGS ON A SMALL ZONING LOT

      Area of Zoning Lot
      (in square feet)

                                                                          Maximum Percent
                                                                                  of
       Coverage

      10,500 or less

                                                                                                       50

      10,501 to 11,500

                                                                                                       49

      11,501 to 12,500

                                                                                                       48

      12,501 to 13,500

                                                                                                       47

      13,501 to 14,500

                                                                                                       46

      14,501 to 15,500

                                                                                                       45

      15,501 to 16,500

                                                                                                       44

      16,501 to 17,500

                                                                                                       43

      17,501 to 18,500

                                                                                                       42

      18,501 to 19,999

                                                                                                       41

  4. In addition, the following rules shall apply to:
    1. any portion of a building that qualifies as a building segment may be treated as a separate building for the purposes of determining the minimum distance required between such building segment and another building or building segment;
    2. where buildings of different heights face each other, the average of the heights of such buildings shall determine the minimum distance required between them;
    3. projections having a maximum height of 25 feet above adjoining grade, a maximum depth of five feet, and an aggregate width not exceeding 25 percent of the building wall from which they project, may penetrate the minimum spacing requirements. However, such projections shall not be permitted in open spaces provided pursuant to paragraph (c)(2) of this Section; and
    4. the obstructions permitted in Section 23-311 shall be permitted in such minimum distance.
23-372 Distance between legally required windows and lot lines

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

The minimum distance between legally required windows and walls or lot lines shall be as set forth in this Section.

For the purposes of this Section, abutting buildings on the same zoning lot shall be considered a single building.

  1. Exceptions

    This Section shall not apply to legally required windows in buildings containing residences with a maximum height of 35 feet, as measured from base plane, and with a maximum of three dwelling units
  2. Basic provisions

    The minimum distance between a legally required window and:
    1. any wall;
    2. a rear lot line, or vertical projection thereof; or
    3. a side lot line, or vertical projection thereof;

                   shall be 20 feet, measured in a horizontal plane at the sill level of, and perpendicular to, such window for the full width of the rough window opening.

      The obstructions permitted for any yard set forth in Section 23-311 shall be permitted in such minimum distance.

  3. For shallow lots

    For interior lots, where the depth is less than 95 feet deep at any point, the minimum distance between a legally required window and a rear lot line, or vertical projection thereof, may be modified to equal the rear yard depth required for shallow lots pursuant to the provisions of Section 23-342 (Rear yard requirements). However, in no event shall such minimum distance between a legally required window and a rear lot line, or vertical projection thereof, be less than 10 feet.
  4. Special provisions for R3 through R5 Districts

    In R3, R4 and R5 Districts, the minimum dimension between a legally required window and a side lot line shall be 15 feet. Such 15-foot dimension shall be measured in a horizontal plane perpendicular to the side lot line or vertical projection thereof. Furthermore, such area with a 15-foot dimension shall be open from its lowest level to the sky for the entire length of the side lot line. Only accessory mechanical equipment limited in depth to 18 inches from an exterior wall, chimneys, downspouts, eaves, qualifying exterior wall thickness, gutters, open accessory off-street parking spaces, ramps for access by people with disabilities, and steps shall be permitted obstructions in such open area, subject to the conditions set forth in Sections 23-311 or 23-312, provided that such obstructions, not including qualifying exterior wall thickness and accessory mechanical equipment, will not reduce the minimum width of the open area by more than three feet.
23-381 Special provisions in other geographies

In all districts, for buildings containing multiple dwelling residences on zoning lots that adjoin a public park, the minimum distance between a legally required window and a lot line need not apply to portions of buildings facing such public park where the Commissioner of the Department of Parks and Recreation determines that the public park will provide sufficient access to light and air for such building’s legally required windows. Where the Commissioner makes such determination, the public park shall be considered a street for the purposes of applying other applicable laws or statutes to such legally required window.

23-411 General permitted obstructions

In all Residence Districts, the following obstructions shall be permitted to penetrate a maximum height limit or sky exposure plane. These allowances are generally common to Residence, Commercial and Manufacturing Districts.

  1. Awnings and other sun control devices, provided that when located at a level higher than the first story, excluding a basement, all such awnings and other sun control devices:
    1. shall be limited to a maximum projection from a building wall of 2 feet, 6 inches, except when located on the first story above a setback;
    2. shall have solid surfaces that, in aggregate, cover an area no more than 30 percent of the area of the building wall (as viewed in elevation) from which they project; and
    3. may rise above the permitted building height, up to the height of a parapet wall or railing permitted in accordance with this Section. When located on the first story above a setback, awnings and other sun control devices shall be limited to a projection of 50 percent of the depth of the required setback, and shall be limited, in total, to 50 percent of the width of the building wall from which they project;
  2. Building columns, having an aggregate width equal to not more than 20 percent of the aggregate width of street walls of a building, to a depth not exceeding 12 inches, in an initial setback distance, optional front open area, or any other required setback distance or open area set forth in the applicable height and setback regulations;
  3. Chimneys or flues, with a total width not exceeding 10 percent of the aggregate width of street walls of a building at any level;
  4. Decks, and other surfaces for recreational activities, not more than 3 feet, 6 inches in height, as measured from the maximum height limit;
  5. Flagpoles or aerials;
  6. Parapets, railings, or safety guards, whether applied singly, or in combination, provided that: 
    1. parapets shall not exceed four feet in height;
    2. railings shall not exceed 4 feet, 6 inches in height, and shall be at least 50 percent open for the portion that exceeds four feet in height; and
    3. safety guards shall not exceed 10 feet in height and shall be at least 90 percent transparent for the portion that exceeds four feet in height;
  7. Qualifying exterior wall thickness;
  8. Roof thickness, up to 12 inches, to accommodate the addition of insulation, for buildings or portions of buildings constructed prior to December 5, 2024. For a building that has added roof thickness pursuant to this paragraph, the height of any other permitted obstruction may be measured from the finished level of the roof instead of the maximum height limit or sky exposure plane;
  9. Skylights, clerestories or other daylighting devices, not more than four feet in height, as measured from the maximum height limit. Such devices shall be limited to a lot coverage not greater than 10 percent of the lot coverage of the roof and be located at least eight feet from the street wall edge. However, such devices shall not be permitted obstructions above a roof with a slope greater than 20 degrees;
  10. Solar energy systems, accessory or as part of an energy infrastructure equipment:
    1. on the roof, or any portion thereof, of a building, with a slope less than 20 degrees: up to a height of 15 feet, or, when located on a bulkhead or other obstruction of this Section, a height of six feet; or
    2. on the roof, or any portion thereof, of a building, which has a slope of more than 20 degrees: up to a height of 60 inches in height, as measured perpendicular to the roof surface;
  11. Vegetated roofs, not more than 3 feet, 6 inches in height, excluding vegetation, as measured from the maximum height limit. On roofs with slopes greater than 20 degrees, vegetated roofs shall be limited to a height of 12 inches measured perpendicular to such roof surface;
  12. Weirs, check dams and other equipment for stormwater management, not more than 3 feet, 6 inches in height, as measured from the maximum height limit;
  13. Window washing equipment mounted on a roof;
  14. Wire, chain link or other transparent fences.
23-412 Additional permitted obstructions

In all Residence Districts, the obstructions set forth in Section 23-411 (General permitted obstructions), as well as the following obstructions, shall be permitted to penetrate a maximum height limit or sky exposure plane:

  1. Balconies, unenclosed, subject to the provisions of Section 23-62 (Balconies);
  2. Dormers having an aggregate width of street walls equal to not more than 50 percent of the width of the street wall of a detached or semi-detached single- or two-family residence;
  3. Elevator or stair bulkheads (including shafts and vestibules), roof water tanks, energy infrastructure equipment, and accessory mechanical equipment (including enclosures or other screening), other than solar or wind energy systems (whether accessory or as part of energy infrastructure equipment), provided that:
    1. such obstructions shall be located not less than 10 feet from the street wall of a building, except that such obstructions need not be set back more than 25 feet from a narrow street line or more than 20 feet from a wide street line. However, such restrictions on location shall not apply to elevator or stair bulkheads (including shafts or vestibules), provided the aggregate width of street walls of such bulkheads within 10 feet of a street wall, facing each street frontage, does not exceed 30 percent of the street wall width of the building facing such frontage;
    2. the aggregate area of such obstructions, including any screening, does not exceed 50 percent of the lot coverage of the building and the height of such obstructions shall not exceed 15 feet above the maximum permitted height, except where otherwise permitted by paragraph (c)(3) of this Section;
    3. the aggregate area of such obstructions, including any screening, does not exceed 30 percent of the lot coverage of the building, and the height of such obstructions shall not exceed:
      1. R1 through R5 Districts, for buildings on qualifying residential sites, or in R3-2, R4, and R5 Districts, except R4-1, R4A, R4B and R5A Districts, for any building, a height of 25 feet above the maximum permitted height;
      2. in R6 through R12 Districts:
        1. where the maximum permitted height of a building is 120 feet or lower, a height of 35 feet above the maximum permitted height; and
        2. where the maximum permitted height of a building is greater than 120 feet, a height of 55 feet above the maximum permitted height; and
    4. all equipment shall be subject to the applicable provisions of Section 26-50 (SPECIAL SCREENING AND ENCLOSURE PROVISIONS);
  4. Wind energy systems, accessory or as part of an energy infrastructure equipment, on portions of buildings with a height of 100 feet or greater, provided:
    1. the highest point of the wind turbine assembly does not exceed 55 feet;
    2. no portion of the wind turbine assembly is closer than 10 feet to any lot line; and
    3. the diameter of the swept area of the rotor does not exceed 15 feet.
23-413 Permitted obstructions in certain districts

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

  1. In the districts indicated, for those buildings that are subject to Section 23-421 (Basic pitched-roof envelopes for certain districts), permitted obstructions are limited to chimneys, dormers, qualifying exterior wall thickness, flagpoles or aerials, parapet walls, roof thickness, skylights, solar energy systems and vegetated roofs pursuant to Section 23-411 (General permitted obstructions).
  2. In the districts indicated, for buildings other than those subject to the provisions set forth in Section 23-421, for those buildings subject to any height and setback regulations, the following rules shall apply within a required front setback distance above a maximum base height:
    1. Dormers shall be allowed as a permitted obstruction, provided that on any street frontage, either one of the following methods is applied:
      1. the aggregate width of all dormers at the maximum base height does not exceed 60 percent of the width of the street wall of the highest storyentirely below the maximum base height. For each foot above the maximum base height, the aggregate width of all dormers shall be decreased by one percent of the street wall width of the highest story entirely below the maximum base height; or
      2. the aggregate width of all dormers at the maximum base height does not exceed 40 percent of the width of the street wall of the highest story entirely below the maximum base height. Such dormers need not decrease in width as the height above the maximum base height increases.

        Where towers allowances are utilized pursuant to the provisions of Section 23-435, dormers may only rise to a height equivalent to 75 percent of the height of the tower portion. Such dormer shall be included in the calculation of tower coverage.
    2. Solar energy systems on a roof shall be limited to four feet or less in height, as measured from the maximum height limit, or the finished level of the roof, whichever is higher. However, on a roof with a slope greater than 20 degrees, such systems shall be limited to 18 inches in height as measured perpendicular to the roof surface.
    3. Wind energy systems shall not be allowed as permitted obstructions.
    4. Window washing equipment shall not be allowed as permitted obstructions.
23-421 Basic pitched-roof envelopes for certain districts

R1  R2  R3A  R3X  R3-1  R3-2  R4  R4-1  R4A  R5A

In the districts indicated, the height and setback regulations for single- or two-family detached, semi-detached, or zero lot line buildings or other structures, where permitted, shall be set forth in this Section.

The perimeter walls of a building or other structure are those portions of the outermost walls enclosing the floor area within a building or other structure at any level and height is measured from the base plane. Perimeter walls are subject to setback regulations at a maximum height above the base plane of 25 feet.

Above these heights, sloping planes control the maximum height of the building or other structure requiring either a setback or a pitched roof. These planes start at the maximum permitted height of the perimeter walls and meet at a ridge line of 35 feet above the base plane. The exact locations of these planes are flexible and are determined in the following steps set forth in paragraphs (a) through (g):

  1. At a height of 35 feet above and parallel to the base plane, a plane is projected above the area enclosed by and including the perimeter walls of the building or other structure. A second plane (the perimeter wall plane) is projected in the same manner at a height of 25 feet above the base plane. (See Figure A)

  2. Each perimeter wall of the building or other structure with a horizontal dimension of eight feet or more which projects from an adjacent perimeter wall at least 18 inches may have an apex point directly above it on the 35-foot-high plane. (See Figure B). The location of the apex point is flexible provided it is directly above its perimeter wall and provided a line drawn from the intersection of two perimeter walls to such an apex point does not exceed 80 degrees to the horizontal. An apex point is not required for each qualifying perimeter wall; however, the maximum number of apex points above each such wall is one.

  3. One “ridge line” is extended in a straight line from each apex point along the 35-foot-high plane. Ridge lines which connect two apex points may cross other ridge lines. Otherwise, ridge lines which extend from only one apex point must terminate at a point of intersection with another ridge line. (See Figure C)

  4. Sloping planes are extended in a straight line outward and downward from each ridge line until they intersect the perimeter wall plane. Every sloping plane generated must intersect the perimeter wall plane for the full width of the ridge line from which it extends. (See Figure D). The maximum angle of pitch for any sloping plane may not exceed 80 degrees to the horizontal. Sloping planes extended from ridge lines perpendicular or within 45 degrees of being perpendicular to each other may intersect, in which case the higher plane defines the limit of the envelope. Sloping planes extended from ridge lines parallel or within 45 degrees of being parallel to each other must intersect the perimeter wall plane without intersecting each other.

  5. The perimeter walls are then extended vertically beyond the perimeter wall plane, up to the heights defined by the sloping planes generated in paragraph (d). (See Figure E). The perimeter walls of the building or other structure, the sloping planes and the perimeter wall extensions define the building envelope. (See Figure F). 

  6. Special Situations

    For convex curved perimeter walls, the building or other structure must be within a plane curve tapering uniformly to a vertex located at a height of 35 feet. For concave curved perimeter walls, the building or other structure must lie within a plane curve extending from the maximum perimeter wall height to a ridge line parallel to the prolongation of the perimeter wall at the 35-foot level. Such plane curves may not exceed a pitch of 80 degrees in relation to a plane drawn parallel to the base plane at the maximum height of the permitted perimeter wall. (See Figure G).

  7. In R1 and R2 Districts without a letter suffix, for zoning lots that either:
    1. have a lot area of at least 9,500 square feet and lot width of at least 100 feet; or 
    2. have a slope, as measured from the street wall line level to the rear wall line level, of at least five percent to the horizontal; 

      the reference plane for applying the regulations of this Section may be located up to five feet above the base plane

23-422 Basic flat-roof envelopes for certain districts

R3-2  R4  R4B  R5  R5B  R5D

In the districts indicated, the height and setback regulations for buildings or other structures shall be set forth in this Section.

R3-2  R4

  1. In the districts indicated, for residences not subject to the provisions of Section 23-421, the maximum building height shall be 35 feet.

R4B

  1. In the district indicated, the maximum building height shall be 25 feet.

R5B

  1. In the district indicated, the maximum building height shall be 35 feet.

R5

  1. In the district indicated, except R5 Districts with a letter suffix, the maximum base height shall be 35 feet, and the maximum building height shall be 45 feet. At a height not higher than the maximum base height, a setback shall be provided in accordance with Section 23-423. 

R5D

  1. In the district indicated, the maximum building height shall be 45 feet.
23-423 Standard setback regulations

Where minimum setback regulations are specific for a particular building envelope for a particular district, the following shall apply.

At a height not higher than the maximum base height specified for the applicable district, a setback with a depth of at least 10 feet shall be provided from any street wall fronting on a wide street, and a setback with a depth of at least 15 feet shall be provided from any street wall fronting on a narrow street. Such minimum setbacks may be modified as follows:

  1. The depth of such required setback may be reduced by one foot for every foot that the street wall is located beyond the minimum required front yard, but in no event shall a setback of less than seven feet in depth be provided, except as otherwise set forth in this Section. To allow street wall articulation, where a street wall is divided into different segments and located at varying depths from the street line, such permitted setback reduction may be applied to each street wall portion separately.
  2. The depth of such setbacks may include the depth of recesses or outer courts in the street wall of the building base, provided that the aggregate width of any such recessed portion of a street wall with a setback less than seven feet, as applicable, does not exceed 30 percent of the aggregate width of street wall at any level.
  3. These setback provisions are optional for any building wall that either is located beyond 50 feet of a street line, or oriented so that lines drawn perpendicular to it, in plan, would intersect a street line at an angle of 65 degrees or less. In the case of an irregular street line, the line connecting the most extreme points of intersection shall be deemed to be the street line.
  4. Dormers provided in accordance with the provisions of Section 23-413 (Permitted obstructions in certain districts) may penetrate a required setback area.
23-424 Height and setback requirements for qualifying residential sites

R1 R2 R3 R4 R5

In the districts indicated, for qualifying residential sites, the height and setback modifications set forth in this Section shall apply. 

The maximum base height and maximum building height shall be as set forth in the following table. At a height not higher than the maximum base height, a setback shall be provided in accordance with Section 23-423.

MAXIMUM BASE HEIGHT AND MAXIMUM BUILDING HEIGHTS FOR QUALIFYING RESIDENTIAL SITES AND QUALIFYING SENIOR HOUSING

District

Maximum Base Height (in feet)

Maximum Height of Buildings or other Structures (in feet)

R1-1  R1-2  R1-2A  R2  R2A  R2X  R3-1  R3-2  R3A  R3X 

35

35

R4  R4-1  R4A  R4B

35

45

R5  R5A  R5B  R5D

45

55

23-425 Height and setback modifications for large sites

R1 R2 R3 R4 R5

In the districts indicated, for zoning lots that meet the criteria of paragraph (a) of this Section, the height and setback modifications set forth in paragraph (b) shall apply.

  1. Eligible sites

    The provisions of this Section shall apply to large sites that are qualifying residential sites or zoning lots located in R3-2, R4, R5, R5B or R5D Districts. 

    However, for large sites with existing buildings, eligible portions of the zoning lot for developments or enlargements:
    1. shall not include open space with amenities used for recreational purposes, such as play equipment, court game facilities, ball fields or fixed tables and chairs, unless such space is replaced in kind and size on the same zoning lot; and 
    2. shall be located, partially or entirely, within 100 feet of a street line.
  2. Modified height and setback provisions

    For eligible zoning lots, the maximum base height and maximum building heights set forth in Section 23-424 shall apply. However, where either the height at roof level of an existing building, or ornamental features in an existing non-residential building or other structure, meet or exceed the maximum heights set forth in such table, the maximum heights may be increased by 10 feet, or the height of such roof level or ornamental feature, whichever is lower.
23-426 Additional height and setback provisions

R1 R2 R3 R4 R5

In the districts indicated, the following additional regulations shall apply: 

  1. For any zoning lot located in a Historic District designated by the Landmarks Preservation Commission, any applicable maximum height regulations of Section 23-42, inclusive, or as modified in any applicable Special District, may be modified as follows: the maximum base height may vary between the maximum set forth in Sections 23-422, 23-424, and 23-425, and the height of an adjacent building before setback, if such height is higher than the maximum base height.
  2. For buildings containing multiple dwelling residences with street wall widths exceeding 150 feet, as measured parallel to the street line, a minimum of 20 percent of the entire surface area of each street wall shall either recess or project a minimum of three feet from the street wall. The depth of required recesses or projections of a building shall be measured from the street wall.
23-431 Street wall location requirements

R6 R7 R8 R9 R10 R11 R12

In the districts indicated, the applicable street wall location provisions of this Section shall apply. Such provisions shall apply to the portion of a street wall located below the maximum base height and before the required setback as set forth in Section 23-432 (Height and setback requirements). 

  1. Line-up rules

    In R6B, R7B, and R8B Districts, the street wall of a building shall be located no closer to the street line than the closest street wall, or portion thereof, nor further from the street line than the furthest street wall, or portion thereof, of an existing adjacent building on the same or an adjoining zoning lot located on the same street frontage. Eligible adjacent buildings shall be located within 15 feet of the street line, within 25 feet of the subject building, and have a height that exceeds 35 feet. Where an existing adjacent building has multiple street walls located at varying depths from the street line, the subject street wall shall not be located closer to the street line than the furthest portion of such existing adjacent street wall that is at least five feet in width and extends to at least half the height of the building.

    However, where, the street wall surrounding the subject building do not have a prevailing street wall frontage, the applicable street wall regulations of paragraph (b) may be applied.
  2. Percentage-based rules

    For all buildings that are not subject to the provisions of paragraph (a), the following shall apply:
    1. Along wide streets, at least 70 percent of the aggregate width of street walls shall be located within eight feet of the street line and extend to at least the minimum base height specified in Section 23-432, or the height of the building, whichever is less. Up to 30 percent of the aggregate width of street walls may be recessed beyond eight feet of the street line, provided that any such recesses deeper than 10 feet along a wide street or 15 feet along a narrow street are located within an outer court.
    2. Along narrow streets, at least 70 percent of the aggregate width of street wall shall be located within 10 feet of the street line and extend to at least the minimum base height specified in Section 23-432, or the height of the building, whichever is less. Up to 30 percent of the aggregate width of street walls may be recessed beyond 10 feet of the street line, provided that any such recesses deeper than 15 feet are located within an outer court.

                   However, where the street walls surrounding the subject building are located on a block with a prevailing street wall frontage that is located further from the street line than the applicable provisions of this paragraph, the line-up provisions of paragraph (a) of this Section may be applied. 

  3. Modifications for large zoning lots

    Notwithstanding the provisions of paragraph (a) or (b) of this Section, for zoning lots with a lot area of at least 40,000 square feet or for zoning lots that occupy an entire block, at least 50 percent of the aggregate width of street walls shall be located within 15 feet of the street line and extend to at least the minimum base height specified in Section 23-432, or the height of the building, whichever is less.
  4. Articulation allowances

    In all districts, and along all frontages, street wall articulation, including, but not limited to, window recesses and structural expression on the building facade, shall be permitted to project or recess beyond the street wall locations established in paragraphs (a), (b) or (c) of this Section, provided such articulation does not exceed a depth or projection of 12 inches. In addition, to accommodate other forms of street wall articulation, such as bay windows, and facade recesses, up to 50 percent of the aggregate width of street wall, at any level, may recess or project beyond such street wall location provisions of this Section, provided that no such recess or projection exceeds a depth of three feet, as measured perpendicular to the street wall, or portion thereof. No projection shall extend beyond the street line, except where encroachments into the public right-of-way are permitted by the New York City Administrative Code.
23-432 Height and setback requirements

R6 R7 R8 R9 R10 R11 R12

In the districts indicated, the minimum base height, maximum base height, and maximum building height shall be as set forth in the following table. Separate maximum base heights and maximum building heights are set forth for zoning lots containing standard residences and zoning lots containing qualifying affordable housing or qualifying senior housing

For portions of a building street wall that exceed the maximum base height, a setback shall be provided at a height not lower than the minimum base height or higher than the maximum base height in accordance with Section 23-433.  

MINIMUM BASE HEIGHT, MAXIMUM BASE HEIGHT,
AND MAXIMUM BUILDING HEIGHTS

District

Minimum base height (in feet)

Standard residences

Qualifying affordable housing or qualifying senior housing

 

Maximum base height (in feet)

Maximum height of buildings or other structures (in feet)

Maximum base height (in feet)

Maximum height of buildings or other structures (in feet)

R6A  R61 R6-1

40

65

75

65

95

R62 

30

45

55

65

85

R6B 

30

45

55

45

65

R6D  R6-2

30

45

65

55

75

R7A  R7-11  R7-21

40

75

85

85

115

R7-12  R7-22

40

65

75

85

105

R7B 

40

65

75

65

95

R7D

60

85

105

95

125

R7X  R7-3

60

95

125

105

145

R8A

60

95

125

105

145

R8B

55

65

75

85

95

R8X

60

95

155

105

175

R82

60

85

115

105

145

R81

60

95

135

105

145

R83

60

95

135

125

175

R9AR91

60

105

145

135

185

R9AR92

60

95

135

135

185

R9D R9-1

60

125

175

155

215

R9X1

105

125

175

155

215

R9X2

60

125

165

155

215

R10X1  R101

60

155

215

155

235

R10A1

125

155

215

155

235

R10A2  R10X2  R102

60

125

185

155

235

R11A1

125

155

255

155

325

R11A2 R11

60

155

255

155

325

R12

60

155

325

155

395

1           For zoning lots or portions thereof within 100 feet of a wide street

2           For zoning lots or portions thereof on a narrow street beyond 100 feet of a wide street or, for zoning lots with only wide street frontage, portions of such zoning lot beyond 100 feet of the street line

3           Outside of Mandatory Inclusionary Housing areas, for zoning lots, or portions thereof, located within 100 feet of a wide street, containing UAP developments or qualifying senior housing

23-433 Standard setback regulations

R6 R7 R8 R9 R10 R11 R12

At a height not lower than the minimum base height or higher than the maximum base height specified for the applicable district, a setback with a depth of at least 10 feet shall be provided from any street wall fronting on a wide street, and a setback with a depth of at least 15 feet shall be provided from any street wall fronting on a narrow street. Such minimum setbacks may be modified as follows:

  1. The depth of such required setback may be reduced by one foot for every foot that the street wall is located beyond the street line, but in no event shall a setback of less than seven feet in depth be provided, except as otherwise set forth in this Section. To allow street wall articulation, where a street wall is divided into different segments and located at varying depths from the street line, such permitted setback reduction may be applied to each street wall portion separately.
  2. The depth of such setbacks may include the depth of recesses or outer courts in the street wall of the building base, provided that the aggregate width of any such recessed portion of a street wall with a setback less than seven feet, as applicable, does not exceed 30 percent of the aggregate width of street wall at any level.
  3. These setback provisions are optional for any building wall that either is located beyond 50 feet of a street line, or oriented so that lines drawn perpendicular to it, in plan, would intersect a street line at an angle of 65 degrees or less. In the case of an irregular street line, the line connecting the most extreme points of intersection shall be deemed to be the street line.
  4. Dormers provided in accordance with the provisions of Section 23-413 (Permitted obstructions in certain districts) may penetrate a required setback area.
23-434 Height and setback modifications for eligible sites

R6 R7 R8 R9 R10 R11 R12

In the districts indicated, without a letter suffix, for zoning lots that meet the criteria of paragraph (a) of this Section, the height and setback modifications set forth in paragraph (b) may be applied.

The eligible site provisions of this Section may be applied to either a single zoning lot that meets the criteria of paragraph (a) or two or more zoning lots under single fee ownership or alternate ownership arrangements that are contiguous or would be contiguous but for their separation by a street, where the combined lot area exceeds 40,000 square feet, and where at least one individual zoning lot meets the criteria of paragraph (a).

  1. Eligible sites

    The provisions of this Section shall apply to zoning lots that meet at least one of the following criteria:
    1. zoning lots with a transportation-infrastructure-adjacent frontage;
    2. zoning lots where one of the following irregularities exists on December 5, 2024, and the date of application for a building permit:
      1. an interior lot, or portions thereof, has a depth that is less than 85 feet, or a through lot, or portion thereof, has a depth that is less than 170 feet;
      2. an interior lot, or portions thereof, has a depth that is greater than or equal to 115 feet, or a through lot, or portion thereof, has a depth that is greater than or equal to 230 feet;
      3. corner lots or other zoning lots with multiple front lot lines where the angle between two front lot lines is more than 15 degrees from being perpendicular;
      4. through lots or other zoning lots with multiple front lot lines where the angle between two front lot lines is more than 15 degrees from being parallel;
      5. zoning lots where, over the depth of the lot, as measured perpendicular from the front lot line, there is a slope of at least 15 percent to the horizontal; or
    3. zoning lots that have a lot area of at least 20,000 square feet or occupy an entire block

      In addition, for zoning lots with a lot area of 30,000 square feet or more with existing buildings, the following restrictions shall apply. The area of the zoning lot used for developments or enlargements under the provisions of this Section:
      1. shall not include any portion of open space with amenities used for recreational purposes, such as play equipment, court game facilities, ball fields or fixed tables and chairs, unless such space is replaced in kind and size on the same zoning lot; and 
      2. shall be located, partially or entirely, within 100 feet of a street line.
  2. Modified height and setback provisions

    For eligible zoning lots, the maximum permitted building height may be modified by the heights in the table below. However, for zoning lots with a lot area of at least 40,000 square feet, whether singly or in combination, where either the height at roof level of an existing building, or ornamental features in an existing non-residential building or other structure, meet or exceed the maximum heights set forth in such table, the maximum heights may be increased by 25 percent, or the height of such roof level or ornamental feature, whichever is lower.

    MAXIMUM BUILDING HEIGHT FOR ELIGIBLE SITES

    District

    Maximum height of buildings or other structures (in feet)

    R6-2

    95

    R6  R6-1

    125

    R7-1  R7-2

    155

    R7-3

    185

    R8

    215

    R81

    255

    R9

    285

    R9-1

    315

    R10

    355

    R11

    405

    R12

    495

    1           for UAP developments or qualifying senior housing on zoning lots, or portions thereof, within 100 feet of a wide street

23-435 Tower regulations

In R9 through R12 Districts, other than R9A, R9X, R10A or R11A Districts, as an alternative to the maximum building heights set forth in Section 23-432, towers are permitted pursuant to the provisions of this Section. 

Above the maximum base height specified for the particular district, a tower with a maximum lot coverage of: 

  1. 65 percent shall be permitted up to a height of 300 feet; and 
  2. 50 percent shall be permitted above a height of 300 feet.
23-436 Additional height and setback provisions

R6  R7  R8  R9  R10  R11  R12

In the districts indicated, the following additional regulations shall apply:

  1. Existing buildings may be vertically enlarged by up to one story or 15 feet without regard to the street wall location requirements of Section 23-431.
  2. On through lots which extend less than 190 feet in maximum depth from street to street, the street wall location requirements of Section 23-431 shall be mandatory along only one street frontage.
  3. On corner lots, or portions thereof, the street wall location requirements of Section 23-431 shall be mandatory along only one street frontage. Where one of the street frontages bounding the corner lot is a wide street and the other a narrow street, the street wall location rules shall be applied along the wide street frontage;
  4. The street wall location and minimum base height provisions of Sections 23-431 and 23-432, respectively, shall not apply along any street frontage of a zoning lot occupied by buildings whose street wall heights or widths will remain unaltered.
  5. The minimum base height provisions of Section 23-432 shall not apply to buildings, or portions thereof, that are developed or enlarged and do not exceed such minimum base heights.
  6. For any zoning lot located in a Historic District designated by the Landmarks Preservation Commission, the street wall location and minimum or maximum base height regulations of Section 23-43, inclusive, or as modified in any applicable Special District, may be modified as follows:
    1. The minimum base height of a street wall may vary between the applicable minimum set forth in Section 23-432, and the height of the street wall of an adjacent building before setback, if such height is lower than the minimum base height; and
    2. The maximum base height of a street wall may vary between the applicable maximum set forth in Section 23-432, inclusive, and the height of the street wall of adjacent building before setback, if such height is higher than the maximum base height.
  7. Where a continuous sidewalk widening is provided on the zoning lot, along the entire block frontage of a street, the boundary of the sidewalk widening shall be considered to be the street line for the purposes of applying the provisions of Section 23-431, but such widening may be included in the setback reductions permitted pursuant to paragraph (a) of Section 23-433.
23-441 Special tower provisions

The tower provisions of Section 23-435 shall be modified in certain areas, as follows: 

  1. In R9D and R10X Districts, the minimum lot coverage of a tower above the maximum base height shall be 33 percent of the lot area of the zoning lot. However, any story located within the highest 15 percent of the tower may cover less than 33 percent of the lot area of a zoning lot provided that the gross area of any such story does not exceed 90 percent of the gross area of that story located directly below the highest 15 percent of the tower. 
  2. In R9 or R10 districts without a letter suffix, the following tower-on-a-base provisions shall apply to buildings where: 
    1. more than 25 percent of the floor area is residential; and
    2. such building is located on a zoning lot that fronts upon a wide street and is either within 125 feet from such wide street frontage along the short dimension of a block or within 100 feet from such wide street frontage along the long dimension of the block.

                   The minimum lot coverage of a tower above the maximum base height shall be 30 percent of the lot area of the zoning lot. However, any story located within the highest 15 percent of the tower may cover less than 30 percent of the lot area of a zoning lot provided that the gross area of any such story does not exceed 90 percent of the gross area of that story located directly below the highest 15 percent of the tower.

      At least 55 percent of the total floor area permitted on the zoning lot shall be located in stories located either partially or entirely below a height of 150 feet. When the lot coverage of the tower portion is less than 40 percent, the required 55 percent of the total floor area distribution, within a height of 150 feet, shall be increased in accordance with the following requirement:

      Percent of lot coverage of the tower portion

      Minimum percent of total building floor area distribution below the level of 150 feet

      40.0 or greater

      55.0

      39.0 to 39.9

      55.5

      38.0 to 38.9

      56.0

      37.0 to 37.9

      56.5

      36.0 to 36.9

      57.0

      35.0 to 35.9

      57.5

      34.0 to 34.9

      58.0

      33.0 to 33.9

      58.5

      32.0 to 32.9

      59.0

      31.0 to 31.9

      59.5

      30.0 to 30.9

      60.0


      For the purposes of determining the permitted tower coverage and the required minimum distance between buildings or portions thereof, that portion of a zoning lot located within 125 feet from the wide street frontage along the short dimension of a block shall be treated as if it were a separate zoning lot.

      No tower or portion thereof shall be located on a narrow street at a distance that is more than 100 feet from the intersection with a wide street.

  3. No towers shall be permitted on any building located wholly or partly in a Residence District, that is within 100 feet of a public park with an area of one acre or more, or a street line opposite such a public park.
23-442 Special provisions for certain community districts
  1. Borough of Manhattan
    1. Community District 9

      In R8 Districts without a letter suffix in the portion of Community District 9 in the Borough of Manhattan located north of West 125th Street, the underlying height and setback regulations for the zoning district shall apply, except that the additional height allowances for eligible sites set forth in Section 23-434 shall not apply.
    2. Community District 6

      In Community District 6 in the Borough of Manhattan, in R10 Districts located east of First Avenue and north of East 51st Street, for buildings where more than 25 percent of the floor area is residential but are not otherwise subject to the tower-on-a-base provisions of paragraph (b) of this Section, the following shall apply. 

      The minimum lot coverage of a tower above the maximum base height shall be 30 percent of the lot area of the zoning lot.  However, any story located within the highest 15 percent of the tower may cover less than 30 percent of the lot area of a zoning lot if the gross area of any such story does not exceed 90 percent of the gross area of that story directly below the highest 15 percent of the tower. 

      At least 45 percent of the total floor area permitted on the zoning lot shall be located in stories located either partially or entirely below a height of 150 feet.  In addition, when the lot coverage of the tower is less than 40 percent, the required 45 percent of the total floor area distribution, within a height of 150 feet, shall be increased in accordance with the following requirement:

      Percent of lot coverage of the tower portion

      Minimum percent of total building floor area distribution below the level of 150 feet

      40.0 or greater

      45.0

      39.0 to 39.9

      45.5

      38.0 to 38.9

      46.0

      37.0 to 37.9

      46.5

      36.0 to 36.9

      47.0

      35.0 to 35.9

      47.5

      34.0 to 34.9

      48.0

      33.0 to 33.9

      48.5

      32.0 to 32.9

      49.0

      31.0 to 31.9

      49.5

      30.0 to 30.9

      50.0

  2. Borough of Brooklyn
    1. Street wall modifications in Community Districts 8 and 9

      For the purposes of applying the street wall location as well as the height and setback provisions of Sections 23-431 and 23-432, respectively, where the Administrative Code establishes restrictions on the location of buildings on lots fronting upon and within 30 feet of Eastern Parkway in Community Districts 8 and 9 in the Borough of Brooklyn, lines drawn 30 feet north of and 30 feet south of, and parallel to, Eastern Parkway shall be considered the northern and southern street lines of Eastern Parkway.
    2. Height and setback modifications in Community District 9

      For zoning lots in Mandatory Inclusionary Housing areas within the portion of Community District 9 in the Borough of Brooklyn, on the block bounded by Montgomery Street, Washington Avenue, Sullivan Place, and Franklin Avenue, the following height and setback modifications shall apply. The maximum height of a building or other structure shall not exceed an imaginary plane that:
      1. begins at an elevation of 90 feet above the level of the base plane, beginning at the point along the center line of Sullivan Place, distant 120 feet, 4 inches east of the center line of Washington Avenue and parallel to Sullivan Place, and extending to Montgomery Street at an angle of 83 degrees, 17 minutes, 38 seconds; and
      2. extends upwards at a slope equivalent of 10 percent to the horizontal, in an easterly direction, as measured perpendicular to the line established by paragraph (b)(2)(i) of this Section.

        Obstructions permitted pursuant to Section 23-411 may penetrate such imaginary plane provided that they are at least 90 percent transparent. In addition, obstructions specified in Section 23-412(c) located within 85 feet of Franklin Avenue may penetrate such imaginary plane up to 12 feet if there is a minimum of 30 feet between such obstructions and the obstruction is no longer than 60 feet in length along the frontage of Franklin Avenue.

 

23-443 Special provisions in other geographies
  1. Special provisions for zoning lots adjoining public parks

    In all districts, where a building adjoining a public park utilizes the provisions of Section 23-381, such public park shall be considered a wide street for the purpose of applying the regulations set forth in Sections 23-42 and 23-43 to any building or other structure on a zoning lot adjoining such public park
  2. Special provisions for zoning lots with transportation-infrastructure-adjacent frontage

    For zoning lots or portions thereof within 100 feet of a street line along a transportation-infrastructure-adjacent frontage, the following shall apply:
    1. the applicable street wall location provisions of Section 23-431 and the minimum base height provisions of Section 23-432 need not apply; and
    2. for buildings containing multiple dwelling residences that are not otherwise eligible for additional height pursuant to Section 23-434, the applicable maximum building heights may be increased by 10 feet in R1 through R6 Districts, and by 20 feet in R7 through R12 Districts. 
  3. Limited Height Districts

    In the Limited Height Districts, the underlying height and setback regulations for the zoning district shall apply, except that: 
    1. the additional height allowances for eligible sites set forth in Section 23-434 shall not apply; and
    2. for zoning lots that do not contain qualifying affordable housing or qualifying senior housing, the maximum height of buildings or other structures shall be as shown in the following table:

      Limited height district

      Maximum height above curb level or base plane, as applicable

      LH-1

      50 feet

      LH-lA

      60 feet

      LH-2

      70 feet

      LH-3

      100 feet

  4. Special provisions along certain district boundaries

    Where a lot line of a zoning lot located in an R6 through R12 District coincides with the district boundary of an R1 through R5 District, the height of a building within a ‘transition area’ measured parallel to the district boundary, shall not exceed the heights set forth in the table, depending on the zoning district adjacency, the adjacent zoning lot condition, and the width of the zoning lot

    TRANSITION AREA DIMENSION AND MAXIMUM HEIGHT

    Maximum permitted height within transition area
    (in feet, above base plane)

    Adjacent zoning district and zoning lot condition

    For zoning lots with a lot width less than or equal to 30 feet

    For zoning lots with a lot width greater than 30 feet

    Within a distance equal to one-third of the lot width of the district boundary

    Within 15 feet of the district boundary

    Beyond 15 feet and within 25 feet of the district boundary

    R1  R2  R3

    Non-qualifying residential sites

    45*

    45*

    65

    Qualifying residential sites

    65

    65

    85

    R4  R5

    Non-qualifying residential sites

    65

    65

    85

    Qualifying residential sites

    85

    85

    85

    *            For zoning lots in R7, R8, R9 and R10 Districts, the maximum permitted height within the transition area shall be 65 feet.

23-611 Street tree planting

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the following shall provide street trees in accordance with Section 26-41 (Street Tree Planting):

  1. developments, or enlargements that increase the floor area on a zoning lot by 20 percent or more. However, street trees shall not be required for enlargements of single- or two-family residences;
  2. conversions of 20 percent or more of the floor area of a building to a residential use; or
  3. construction of a detached garage that is 400 square feet or greater.
23-612 Planting strips in residence districts

R1 R2 R3 R4 R5

In the districts indicated, the following shall provide and maintain a planting strip in accordance with Section 26-42:

  1. developments, or enlargements that increase the floor area on a zoning lot by 20 percent or more. However, planting strips shall not be required for enlargements of single- or two-family residences;
  2. conversions of 20 percent or more of the floor area of a building to a residential use; or 
  3. construction of a detached garage that is 400 square feet or greater.
23-613 Front yard planting requirements

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, the area of the zoning lot between the street line and all street walls of the building and their prolongations shall be planted at ground level, or in raised planting beds that are permanently affixed to the ground, except that such plantings shall not be required at the entrances to and exits from the building, within driveways accessing off-street parking spaces located within, to the side, or rear of such building, or in any area where there is a permitted obstruction permitted pursuant to Section 23-31, inclusive.

Planted areas shall be comprised of any combination of grass, groundcover, shrubs, trees, or other living plant material, and shall have a minimum dimension of one foot, exclusive of any bounding walls. 

No zoning lot shall be altered in any way that will either create a new non-compliance or increase the degree of non-compliance with the provisions of this Section.

23-711 Applicability

The optional predominantly built-up area provisions of Section 23-71, inclusive, may be applied to zoning lots:

  1. that have a lot area of not more than 1.5 acres; 
  2. located on a block:
    1. that is entirely within R4 or R5 Districts without a letter or number suffix, including a Commercial District mapped within such Residence Districts
    2. that has a maximum area of four acres; 
    3. where the buildings on zoning lots comprise 50 percent or more of the area of the block; and
  3. where, as of October 21, 1987, not more than 75 percent of the aggregate length of the block frontages facing each other around the zoning lot, on both sides of the street, are allocated to single- or two-family detached or semi-detached residences

All buildings used in calculations shall have certificates of occupancy or other evidence acceptable to the Commissioner of Buildings issued prior to the date of application for a building permit. 

23-712 Floor area modifications

For zoning lots in R4 or R5 Districts, without a letter or number suffix, utilizing the predominantly built-up area provisions of Section 23-71, inclusive, the maximum floor area ratio shall be as set forth in the following table:

District

Maximum Floor Area Ratio

R4

1.35

R5

1.65

23-713 Height and setback modifications

For zoning lots in R4 or R5 Districts, without a letter or number suffix, utilizing the predominantly built-up area provisions of Section 23-71, inclusive, the following height and setback modifications shall apply:

  1. in R4 Districts, the height and setback regulations applicable to an R4A District set forth in Section 23-421 (Basic pitched-roof envelopes for certain districts) shall apply; and
  2. in R5 Districts, the height and setback regulations applicable to an R5B District set forth in Section 23-422 (Basic flat-roof envelopes for certain districts) shall apply. 
23-721 Applicability

The optional provisions of Section 23-72, inclusive, may be applied to zoning lots containing buildings used exclusively as single-, two- or three-family residences in R5 and R6 Districts without a letter suffix in the portion of Community District 12, in the Borough of Brooklyn, that is bounded by 39th Street, Dahill Road, Ditmas Avenue, McDonald Avenue, Bay Parkway, 61st Street and Fort Hamilton Parkway.

23-722 Floor area modifications

For zoning lots in R5 Districts, without a letter suffix, utilizing the provisions of Section 23-72, inclusive, the maximum floor area ratio shall be as set forth in the following table:

District

Maximum Floor Area Ratio for a corner lot

Maximum Floor Area Ratio for an interior or through lot

R5

1.65

1.80

23-723 Yard modifications

For zoning lots utilizing the provisions of Section 23-72, inclusive, the yard regulations shall be modified as follows:

  1. in R5 Districts without a letter suffix, the front yard regulations shall be modified as follows: a front yard shall be provided with a depth of not less than five feet provided that, for corner lots, one front yard with a depth of not less than 10 feet is required; 
  2. in R5 Districts and R6 Districts without a letter suffix, the rear yard regulations shall be modified to require a rear yard with a depth of not less than 20 feet at every rear lot line on any zoning lot.
23-724 Height and setback modifications

For zoning lots in R5 Districts, without a letter suffix, utilizing the provisions of Section 23-72, inclusive, the following height and setback modifications shall apply: the height and setback regulations applicable to an R5B District set forth in Section 23-422 (Basic flat-roof envelopes for certain districts) shall apply. 

23-731 Applicability

The optional provisions for sky exposure plane buildings set forth in Section 23-73, inclusive, may be applied to zoning lots in R6 through R10 Districts without a letter suffix, except that such alternative provisions shall not apply to:

  1. zoning lots in R6-1, R6-2, R7-3 and R9-1 Districts;
  2. zoning lots in R8 Districts without a letter suffix in the portion of Community District 9 in the Borough of Manhattan located north of West 125th Street; or
  3. zoning lots located in the Limited Height Districts
23-732 Floor area ratio and open space ratio in R6 through R9 Districts

R6 R7 R8 R9

In the districts indicated without a letter suffix, for sky exposure plane buildings, the minimum required open space ratio and the maximum floor area ratio for any zoning lot shall be determined by the height factor of such zoning lot as set forth in this Section. Where elected, such floor area ratio shall supersede the floor area ratio provisions of Section 23-22, and apply to all residences, including qualifying affordable housing or qualifying senior housing.  

The minimum open space required through the application of a minimum open space ratio shall be applied in conjunction with the applicable regulations of Section 23-30 (YARDS, COURTS AND OTHER OPEN AREA REGULATIONS). The obstructions set forth in Section 23-311 shall per permitted in required open space.

MINIMUM REQUIRED OPEN SPACE RATIO AND MAXIMUM FLOOR AREA RATIO

R6 through R9 Districts




For zoning lots with a height factor of

In R6 Districts

In R7 Districts

In R8 Districts

In R9 Districts

Min. Req. Open Space Ratio

Max. Floor Area Ratio

Min. Req. Open Space Ratio

Max. Floor Area Ratio

Min. Req. Open Space Ratio

Max. Floor Area Ratio

Min. Req. Open Space Ratio

Max. Floor Area Ratio

1

27.5

0.78

15.5

0.87

5.9

0.94

1.0

0.99

2

28.0

1.28

16.0

1.52

6.2

1.78

1.4

1.95

3

28.5

1.62

16.5

2.01

6.5

2.51

1.8

2.85

4

29.0

1.85

17.0

2.38

6.8

3.14

2.2

3.68

5

29.5

2.02

17.5

2.67

7.1

3.69

2.6

4.42

6

30.0

2.14

18.0

2.88

7.4

4.15

3.0

5.08

7

30.5

2.23

18.5

3.05

7.7

4.55

3.4

5.65

8

31.0

2.30

19.0

3.17

8.0

4.88

3.8

6.13

9

31.5

2.35

19.5

3.27

8.3

5.15

4.2

6.54

10

32.0

2.38

20.0

3.33

8.6

5.38

4.6

6.85

11

32.5

2.40

20.5

3.38

8.9

5.56

5.0

7.09

12

33.0

2.42

21.0

3.41

9.2

5.71

5.4

7.30

13

33.5

2.43

21.5

3.42

9.5

5.81

5.8

7.41

14

34.0

2.43

22.0

3.44

9.8

5.92

6.2

7.52

15

34.5

2.43

22.5

3.42

10.1

5.95

6.6

7.52

16

35.0

2.42

23.0

3.41

10.4

5.99

7.0

7.52

17

35.5

2.42

23.5

3.40

10.7

6.02

7.4

7.52

18

36.0

2.40

24.0

3.38

11.0

6.02

7.8

7.46

19

36.5

2.39

24.5

3.36

11.3

6.02

8.2

7.41

20

37.0

2.38

25.0

3.33

11.6

6.02

8.6

7.35

21

37.5

2.36

25.5

3.30

11.9

5.99

9.0

7.25

For zoning lots with height factors greater than 21, the minimum required open space ratio shall be as set forth in the following table:

OPEN SPACE RATIO FOR HIGH BUILDINGS

District

Minimum Required Open Space Ratio at Height Factor of 21

Additional Required Open Space Ratio for each Additional Height Factor

R6

37.5

0.5

R7

25.5

0.5

R8

11.9

0.3

R9

9.0

0.4

For these zoning lots, the maximum floor area ratio shall be such as can be attained at the required open space ratio for the height factor.*

*  The floor area ratio attainable at a given height factor and a given open space ratio may be computed from the following formula:

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Description automatically generated

23-733 Floor area ratios in R9 and R10 Districts
  1. Floor area ratios in R10 Districts

    In R10 Districts, the maximum floor area ratio on a zoning lot shall be 12.0 for qualifying affordable housing or qualifying senior housing and 10.0 for other residences.
  2. Additional floor area regulations in R9 and R10 Districts for buildings with towers

    In R9 and R10 Districts, for zoning lots containing a building that is developed or   enlarged pursuant to the applicable tower regulations of Section 23-737 (Tower regulations), the floor area provisions of Section 23-241 (Special tower provisions) shall apply.
23-734 Permitted obstructions in open space

In R6 through R10 Districts without a letter suffix, the obstructions permitted for any yard set forth in paragraph (a) of Section 23-311 (Permitted obstructions in all yards, courts and open areas), as well as the following obstructions, shall be permitted in any open space required on a zoning lot. For the purposes of applying such allowances to open space, all percentage calculations shall be applied to the area of the open space instead of the yard:

  1. balconies, unenclosed, subject to the provisions of Section 23-62;
  2. breezeways;
  3. driveways, private streets, open accessory off-street parking spaces, unenclosed accessory bicycle parking spaces or open accessory off-street loading berths, provided that the total area occupied by all these items does not exceed 50 percent of the required open space on any zoning lot;
  4. energy infrastructure equipment and accessory mechanical equipment, subject to the requirements set forth in Section 23-312 (Additional permitted obstructions generally permitted in all yards);
  5. greenhouses, non-commercial, accessory, limited to one story or 15 feet in height above adjoining grade, whichever is less, and limited to an area not exceeding 25 percent of the open space#;
  6. parking spaces, off-street, enclosed, accessory, provided that the total area occupied by a building used for such purposes does not exceed 20 percent of the total required open space on the zoning lot;
  7. solar energy systems:
    1. on the roof of an accessory building, limited to 18 inches in height as measured perpendicular to the roof surface; or
    2. affixed to solar canopies and located over any accessory off-street parking space, provided that the height shall not exceed 15 feet above the level of the adjoining grade;
  8. steps;
  9. swimming pools, accessory, above-grade structures limited to a height not exceeding eight feet above the level of the rear yard or rear yard equivalent; or
  10. fire escapes or planting boxes, provided that no such items project more than six feet into or over such open space.

However, any such open space that is part of a required yard, rear yard equivalent or court may contain an obstruction listed in this Section only where such obstruction is permitted, pursuant to Sections 23-311, 23-312, 23-341 (Permitted obstructions in required rear yards or rear yard equivalents) or 23-351 (Permitted obstructions in courts), as applicable.

23-735 Special yard, court and other area regulations

For sky exposure plane buildings, the provisions of Section 23-30, inclusive, shall apply, except that:

  1. for through lots, the alternate location allowances set forth in paragraph (c)(2) of Section 23-343 (Rear yard equivalent requirements) may be applied to rear yard equivalents
  2. the maximum lot coverages set forth in Section 23-36, inclusive, need not apply; and
  3. the minimum distance between buildings provisions of paragraph (c)(2) of Section 23-371, pertaining to two or more buildings on the same zoning lot that are not connected at any level, shall be modified as follows.

    The required minimum distance between the portion of a building containing dwelling units and any other building on the same zoning lot shall vary according to the height of such building and the particular wall condition and the presence of legally required windows in facing building walls. 

    For the purposes of this Section, wall condition shall be defined as follows:

                 “wall to wall” is a condition where two walls of buildings face each other, and neither wall contains a legally required window

                 “wall to window” is a condition where two walls of buildings face each other, and one wall contains a legally required window and the other wall does not contain a legally required window

                 “window to window” is a condition where two walls of buildings face each other, and both walls contain a legally required window.

    Such minimum distance shall be as indicated in the following table:

    Wall Condition

    Maximum building height above base plane or curb level, as applicable

    25 feet

    35 feet

    40 feet

    50 feet

    Over 50 feet

    Wall to wall

    40

    40

    40

    40

    40

    Wall to window

    40

    40

    40

    45

    50

    Window to window

    40

    45

    50

    55

    60

    However, for portions of buildings higher than 125 feet, the provisions of Section 23-371 shall continue to apply.

23-736 Special height and setback regulations for sky exposure plane buildings

R6 R7 R8 R9 R10

In the districts indicated without a letter suffix, for sky exposure plane buildings, the height and setback regulations shall be as set forth in this Section, inclusive. 

Buildings may elect to utilize the front setback provisions of paragraph (a) of this Section, or the alternate front setback provisions of paragraph (b) of this Section. Where elected, such provisions shall supersede the provisions of Section 23-43, inclusive. 

In R9 or R10 Districts, towers may penetrate a sky exposure plane pursuant to Section 23-737 (Tower regulations). 

Notwithstanding the foregoing, for narrow buildings, the provisions of Section 23-738 shall apply, and within Limited Height Districts the provisions for Section 23-739 shall apply. 

  1. Front setbacks

    If the front wall or other portion of a building or other structure is located at the street line or within the initial setback distance set forth in the following table, the height of such front wall or other portion of a building or other structure shall not exceed the maximum height above the street line set forth in the table. Above such specified maximum height and beyond the initial setback distance, the building or other structure shall not penetrate the sky exposure plane set forth in the table, except as otherwise provided in Sections 23-41 (Permitted Obstructions) or 23-737 (Tower regulations).

    MAXIMUM HEIGHT OF FRONT WALL AND REQUIRED FRONT SETBACKS

    Initial Setback Distance

    (in feet)

    Maximum Height of a Front Wall or other portion of a Building or Other Structure within the Initial Setback Distance

    Sky Exposure Plane

    Height above Street Line (in feet)

    Slope over Zoning Lot (expressed as a ratio of vertical distance to horizontal distance)

    On Narrow Street

    On Wide Street

    On Narrow Street

    On Wide Street

    Vertical Distance

    Horizontal Distance

    Vertical Distance

    Horizontal Distance

    R6 or R7 Districts

    20

    15

    60 feet or six stories, whichever is less

    60

    2.7

    to 1

    5.6

    to 1

    R8 R9 or R10 Districts

    20

    15

    85 feet or nine stories, whichever is less

    85

    2.7

    to 1

    5.6

    to 1

  2. Alternate front setbacks

    If an open area is provided along the entire length of the front lot line with the minimum depth set forth in the table in this Section, the provisions of this Section may apply in lieu of the provisions of paragraph (a) of this Section. The building or other structure shall not penetrate the sky exposure plane set forth in the table, except as otherwise provided in Sections 23-41 (Permitted Obstructions) or 23-737 (Tower regulations).

    In R9 or R10 Districts, the provisions of this paragraph shall be inapplicable to any development or enlargement with more than 25 percent of the total floor area of the building in residential use.

     

    ALTERNATE REQUIRED FRONT SETBACKS

    Depth of Optional Front Open Area (in feet, measured perpendicular to street line)

    Alternate Sky Exposure Plane

    Height above Street Line (in feet)

    Slope over Zoning Lot (expressed as a ratio of vertical distance to horizontal distance)

    On Narrow Street

    On Wide Street

    On Narrow Street

    On Wide Street

    Vertical Distance

    Horizontal Distance

    Vertical Distance

    Horizontal Distance

    R6 or R7 Districts

    15

    10

    60

    3.7

    to 1

    7.6

    to 1

    R8 R9 or R10 Districts

    15

    10

    85

    3.7

    to 1

    7.6

    to 1

23-737 Tower regulations

In R9 or R10 Districts, for buildings that do not meet the criteria set forth in paragraphs (b)(1) and (b)(2) of Section 23-441, a tower may penetrate a sky exposure plane provided that such tower:

  1. does not occupy more than 40 percent of the lot area of a zoning lot for zoning lots with a lot area greater than 20,000 square feet, or more than 50 percent of the lot area for all other zoning lots; and 
  2. is set back at least 10 feet from a street line along a wide street and at least 15 feet from a street line along a narrow street

However, the provisions of this Section shall not apply to any building located wholly or partly in a Residence District, that is within 100 feet of a public park with an area of one acre or more, or a street line opposite such a public park.

23-738 Height limitations for narrow buildings or enlargements

R7-2  R8  R9  R10

In the districts indicated, portions of buildings with street walls less than 45 feet in width shall not be permitted above the following heights:

  1. For interior lots, and for through lots, which shall be treated as two separate interior lots of equal depth for the purposes of determining the height limitations of this Section, a height equal to the width of the street on which such street walls front or 100 feet, whichever is less;
  2. For corner lots bounded by only narrow streets, a height equal to the width of the narrowest of such streets on which such street walls front;
  3. For corner lots bounded by at least one wide street, a height equal to the width of the widest street on which it fronts, or 100 feet, whichever is less;
  4. The heights permitted in paragraphs (a), (b) or (c) of this Section may be exceeded if:
    1. on a wide street, such portion of a building with a street wall less than 45 feet in width abuts an existing building with a street wall that exceeds such permitted heights. Such new street walls may reach the height of such abutting building or, where there are two abutting buildings that exceed such heights, such new street wall may reach the height of the tallest of such abutting buildings; or
    2. on a narrow street, such street walls abut two existing buildings with street walls that both exceed the heights permitted. Such new street walls may reach the height of the lowest of such abutting buildings; and 
    3. such new street walls shall be fully contiguous at every level with such abutting street walls.
  5. In addition, the following rules shall apply:
    1. The front height and setback regulations and any height limitations of the underlying district shall apply, except that the alternate front setback regulations of paragraph (b) of Section 23-736 and the tower regulations of Section 23-737 shall not apply. In the event of a conflict between the underlying regulations and the regulations of this Section, the more restrictive shall apply.
    2. The provisions of this Section shall not apply to street walls of permitted obstructions or street walls located beyond 100 feet of a street line.
    3. For the purposes of determining the width of a street wall:
      1. the width shall be the sum of the maximum widths of all street walls of a building at every level. The width of a street wall shall be the length of the street line from which, when viewed directly from above, lines perpendicular to the street line may be drawn to such street wall; and
      2. abutting buildings on a single zoning lot may be considered a single building.
    4. For buildings with street walls less than 45 feet in width that front only on a narrow street and abut two existing buildings, the street wall of such building shall be no closer to the street line than the street wall of the abutting building that is closest to the street line.
    5. On a through lot containing buildings with street walls less than 45 feet in width, the alternative location provisions for rear yard equivalents set forth in Section 23-735 (Special yard, court and other area regulations) shall not apply.
23-739 Limited Height Districts

In the Limited Height Districts, for zoning lots that do not contain qualifying affordable housing or qualifying senior housing, the maximum height of buildings or other structures shall be as shown in the following table:

Limited Height DistrictMaximum height above curb level or base plane, as applicable
LH-150 feet
LH-1A60 feet
LH-270 feet
LH-3100 feet
24-111 Maximum floor area ratio for certain community facility uses

R1 R2

  1. In the districts indicated, for any zoning lot containing community facility uses other than those uses for which a permit is required pursuant to Sections 73-11 (Agriculture and Open Uses), 73-13 (Community Facilities) or 73-18 (Recreation, Entertainment and Assembly Spaces), or where bulk modification is permitted pursuant to Section 74-902 (Certain community facility uses in R1 and R2 Districts and certain Commercial Districts), the maximum floor area ratio shall not exceed the floor area permitted for residential uses by the applicable district regulations. The provisions of this paragraph shall not apply to buildings for which plans were filed with the Department of Buildings prior to November 15, 1972, including any subsequent amendments thereof.

R3 R4 R5 R6 R7 R8 R9

  1. In R3 through R5 Districts, and in R6 through R9 Districts without a letter suffix, the maximum floor area ratio on a zoning lot for philanthropic or non-profit institutions with sleeping accommodations, and in R3-1, R3A, R3X, R4-1, R4A, R4B, R5A, R5B and R5D Districts, the maximum floor area ratio on a zoning lot for long-term care facilities shall be as set forth in the table in this Section, except that such maximum floor area ratio shall not apply to qualifying affordable housing. Such maximum floor area ratio may be modified by special permit of the City Planning Commission pursuant to Section 74-903 (Certain community facility uses in R3 to R9 Districts and certain Commercial Districts).

MAXIMUM FLOOR AREA RATIO FOR CERTAIN COMMUNITY FACILITY USES

District

Maximum Floor Area Ratio Permitted

R3

0.50

R4

0.75

R5 R5A R5B

1.27

R5D

2.00

R6

2.43

R7

3.44

R8

6.02

R9

7.52

  1. In R6 through R12 Districts with a letter suffix, the maximum floor area ratio on a zoning lot for philanthropic or non-profit institutions with sleeping accommodations shall be as set forth in Section 24-11 (Maximum Floor Area Ratio and Percentage of Lot Coverage).
24-112 Special floor area ratio provisions for certain areas

The floor area ratio provisions of Section 24-11 (Maximum Floor Area Ratio and Percentage of Lot Coverage), inclusive, shall be modified for certain areas as follows:

(a)        in R8B Districts within Community District 8, in the Borough of Manhattan, the maximum floor area ratio on a zoning lot containing community facility uses exclusively shall be 5.10;

(b)        in R10 Districts, except R10A or R10X Districts, within Community District 7, in the Borough of Manhattan, all zoning lots shall be limited to a maximum floor area ratio of 10.0; and

(c)        in R9 and R10 Districts, for zoning lots containing a building that is developed or enlarged pursuant to the applicable tower regulations of Sections 23-435 or 23-737 (Tower regulations), the provisions of Section 23-242 (Special provisions for certain community districts) shall apply:

(1)        to only the residential portion of a building where less than 75 percent of the total floor area of such building is allocated to residential use; and

(2)        to the entire building where 75 percent or more of the total floor area of such building is allocated to residential use.

24-113 Existing public amenities for which floor area bonuses have been received

(a)        Elimination or reduction in size of non-bonused open area on a zoning lot containing a bonused amenity

In all districts, any existing open area for which a floor area bonus has not been utilized that occupies the same zoning lot as an existing publicly accessible open area or other public amenity, open or enclosed, for which a floor area bonus has been utilized, may be reduced in size or eliminated only upon certification of the Chairperson of the City Planning Commission that all bonused amenities comply with the standards under which such floor area bonus was granted.

(b)        Nighttime closing of existing public open areas

In all Residence Districts, the City Planning Commission may, upon application, authorize the closing during certain nighttime hours of an existing publicly accessible open area for which a floor area bonus has been received, pursuant to Section 37-727 (Hours of access).

(c)        Elimination or reduction in size of existing public amenities

In all districts, no existing publicly accessible open area, arcade or other public amenity, open or enclosed, for which a floor area bonus has been utilized, shall be eliminated or reduced in size, except by special permit of the City Planning Commission, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).

24-161 Maximum floor area ratio for zoning lots containing community facility and residential uses

R1 R2 R3-1 R3A R3X R4-1 R4A R4B R5D R6A R6B R6D R7-2 R7-3 R7A R7B R7D R7X R8 R9 R10 R11 R12

In the districts indicated, for zoning lots containing community facility and residential uses, the maximum floor area ratio permitted for a community facility use shall be as set forth in Section 24-11, inclusive, and the maximum floor area ratio permitted for a residential use shall be as set forth in Article II, Chapter 3, provided the total of all such floor area ratios does not exceed the greatest floor area ratio permitted for any such use on the zoning lot.

24-162 Maximum floor area ratios and special floor area limitations for zoning lots containing residential and community facility uses in certain districts

R3-2 R4 R5 R6 R7-1

In the districts indicated, except R4-1, R4A, R4B, R5D, R6A, R6B and R6D Districts, the provisions of this Section shall apply to any zoning lot containing community facility and residential use. However, this Section shall not apply to buildings containing residences and philanthropic or non-profit residences with sleeping accommodations.

(a)        For buildings containing residential and community facility uses, if the ratio of floor area provided in a building to the lot area of the zoning lot is greater than as set forth in Column A in the table in this Section, then the maximum ratio of community facility floor area in such buildings to the lot area of the zoning lot shall be as set forth in Column B in the table. The maximum floor area ratio for the residential portions of such buildings shall be in accordance with Article II, Chapter 3, subject to the limitations set forth in paragraph (d) of this Section.

MAXIMUM COMMUNITY FACILITY FLOOR AREA RATIO FOR CERTAIN BUILDINGS CONTAINING COMMUNITY FACILITY AND RESIDENTIAL USES

District

COLUMN A

COLUMN B

Ratio of Floor Area of Building to Lot Area

Maximum Ratio of Floor Area for Community  Facility Use to Lot Area

R3-2

.50

.20

R4

.75

.40

R5B

1.25

.40

R5

1.25

.60

R6

2.50

1.00

R7-1

3.50

1.00

(b)        For buildings containing residential and community facility uses, if the ratio of floor area provided in a building to the lot area of the zoning lot is not greater than as set forth in Column A in the table in paragraph (a), then the maximum ratio of the community facility floor area in such buildings to the lot area shall be as set forth in Section 24-11, inclusive. The maximum floor area ratio for the residential portion of such buildings shall be in accordance with Article II, Chapter 3, subject to the limitations set forth in paragraph (d) of this Section.

(c)        For zoning lots containing multiple buildings, the provisions of this paragraph, (c), shall apply to buildings containing only community facility uses or only residential uses. The maximum floor area ratio permitted for a building containing only community facility uses shall be as set forth in Section 24-11, inclusive, and the maximum floor area ratio permitted for a building containing only residential uses shall be as set forth in Article II, Chapter 3, subject to the limitations set forth in paragraph (d) of this Section.

(d)        The total floor area ratio permitted for community facility use on the zoning lot shall be as set forth in Section 24-11, inclusive, and the total floor area ratio permitted for residential use on the zoning lot shall be as set forth in Article II, Chapter 3, provided the total of all such floor area ratios does not exceed the greatest floor area ratio permitted for any such use on the zoning lot.

For the purposes of this Section, a building segment may be considered to be a building.  

24-163 Lot coverage for zoning lots containing community facility and residential uses

Where different maximum percentages of lot coverage apply to residential and community facility uses, the higher lot coverage shall be applied to any level containing both such uses.

Furthermore, the maximum percent of lot coverage for community facility uses located below the level of residential uses need not be lower than the maximum percent of lot coverage permitted for such residential uses.

In addition, where a portion of a building is permitted as an obstruction in a required rear yard or rear yard equivalent pursuant to Section 24-33, for the purposes of applying the provisions of Section 24-12, portions of community facility buildings in existence on December 15, 1961, that exceed the maximum heights for such permitted obstructions, may be excluded from the maximum lot coverage.

24-164 Balconies

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the regulations set forth in Section 23-62 (Balconies) shall apply to any portion of a building used for living or sleeping accommodations.

24-181 Special provisions for certain buildings

For sky exposure plane buildings in R6 through R9 Districts without a letter suffix, the applicable floor area ratio and open space ratio provisions of Section 23-73 (Special Provisions for Sky Exposure Plane Buildings), inclusive, shall be modified by the provisions of this Section.

  1. Open space ratio for residential portions of buildings

    For zoning lots containing a residential building or for the residential portion of a mixed building, a minimum open space ratio shall be provided in accordance with Section 23-70. For the purposes of applying such regulations:
    1. the floor area counted in determining the open space ratio shall be only that floor area in the residential portion of the building;
    2. the lot coverage shall be deemed to be that portion of the zoning lot which, when viewed directly from above, would be covered by the residential portion of the building at any level; and
    3. the applicable height factor, if the maximum permitted residential floor area ratio is less than the total floor area ratio permitted for such building, shall be the height factor of the residential portion of the building.

      A non-residential use occupying a portion of a building that was in existence on December 15, 1961, may be changed to a residential use and the regulations on minimum required open space ratio shall not apply to such change of use.

  2. Location of open space

    The open space required for a residential building or for the residential portion of a mixed building under the provisions of paragraph (a) of this Section may be provided at ground floor level or upon the roof of a building. Open space on a roof may be located at a level higher than 23 feet above curb level on a community facility building or the community facility portion of a building, provided that the level of any open space may not be higher than 2 feet, 6 inches below the sill level of any legally required window opening on such roof area, in the residential portion of a building used partly for community facility and residential uses. However, open space located on the roof of a community facility building separated by open area from residential buildings or buildings used partly for community facility and residential uses on the same zoning lot may not be at a level higher than 23 feet above curb level.

    For the purposes of this Section, abutting buildings on a single zoning lot may be considered to be a single building.
24-351 Special provisions applying along district boundaries

R6 R7 R8 R9 R10 R11 R12

In the districts indicated, if the boundary of an adjoining R1, R2, R3, R4 or R5 District coincides with a side lot line of a zoning lot, a side yard at least eight feet wide shall be provided along such boundary within the districts indicated.

24-361 Beyond one hundred feet of a street line

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, for corner lots, and for zoning lots that are bounded by two or more streets that are neither corner lots nor through lots, the portion of a side lot line beyond 100 feet of the street line that it intersects shall be considered a rear lot line and the following rules shall apply along such rear lot line:

(a)        In all districts, a rear yard with a minimum depth of 30 feet shall be provided where such rear lot line coincides with a rear lot line of an adjoining zoning lot.

 

Zoning Resolutions 24-361.0

CORNER LOT

 

(b)        In R1 through R5 Districts, a rear yard with a minimum depth of eight feet shall be provided where such rear lot line coincides with a side lot line of an adjoining zoning lot.

 

Zoning Resolutions 24-361.1

ZONING LOT BOUNDED BY TWO OR MORE STREETS (NEITHER A CORNER LOT NOR A THROUGH LOT)

 

(c)        In R6 through R12 Districts, no rear yard shall be required where such rear lot line coincides with a side lot line of an adjoining zoning lot.

 

24-381 Excepted through lots

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

(a)        In all districts, as indicated, no rear yard regulations shall apply to any through lots that extend less than 110 feet in maximum depth from street to street.

(b)        In the districts indicated, for all buildings, no rear yard regulations shall apply to any zoning lot that includes a through lot portion which is contiguous on one side to two corner lot portions, and such zoning lot occupies the entire block frontage of a street.

24-382 Required rear yard equivalents

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, on any through lot 110 feet or more in maximum depth from street to street, one of the following rear yard equivalents shall be provided:

(a)        an open area with a minimum depth of 60 feet midway (or within five feet of being midway) between the two street lines upon which such through lot fronts;

(b)        two open areas, each adjoining and extending along the full length of a street line, and each with a minimum depth of 30 feet measured from such street line, except the depth of such required open area along one street line may be decreased, provided that:

(1)        a corresponding increase in the depth of the open area along the other street line is made; and

(2)        any required front setback areas are maintained; or

(c)        an open area adjoining and extending along the full length of each side lot line, with a minimum width of 30 feet measured from each such side lot line.

However, in R5D, R6A, R6B, R6D, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X, R10A, R10X and R11A Districts, on any through lot at least 180 feet in depth from street to street, a rear yard equivalent shall be provided only as set forth in paragraph (a) of this Section.

Any such rear yard equivalent shall be unobstructed from its lowest level to the sky, except as provided in Section 24-33 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

24-391 Within one hundred feet of corners

R6 R7 R8 R9 R10 R11 R12

In the districts indicated, no rear yard shall be required within 100 feet of the point of intersection of two street lines intersecting at an angle of 135 degrees or less.

24-392 Along short dimension of block

R6 R7 R8 R9 R10 R11 R12

In the districts indicated, whenever a front lot line of a zoning lot coincides with the street line of the short dimension of a block, no rear yard shall be required within 100 feet of such front lot line.

24-393 For zoning lots with multiple rear lot lines

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, for zoning lots with multiple rear lot lines, if a rear yard extends from a rear lot line away from the street line which is used to determine such rear lot line, the following rules shall apply along such rear lot line:

(a)        In all districts, a rear yard with a minimum depth of 30 feet shall be provided where such rear lot line coincides with a rear lot line of an adjoining zoning lot.

 

Zoning Resolutions 24-393.0

 

(b)        In R1 through R5 Districts, a rear yard with a minimum depth of eight feet shall be provided where such rear lot line coincides with a side lot line of an adjoining zoning lot.

 

Zoning Resolutions 24-393.1

 

(c)        In R6 through R12 Districts, no rear yard shall be required where such rear lot line coincides with a side lot line of an adjoining zoning lot.

 

(d)        In all districts, for portions of through lots that have multiple rear lot lines and such portions are not subject to interior lot regulations, the street line bounding the zoning lot closest to such rear lot line shall be used to determine compliance with this Section.

 

Zoning Resolutions 24-393.2

24-521 Front setbacks in districts where front yards are required

R1 R2 R3 R4 R5

In the districts indicated, except R5D Districts, where front yards are required, the front wall or any other portion of a building or other structure shall not penetrate the sky exposure plane set forth in the following table:

MAXIMUM HEIGHT OF FRONT WALL AND REQUIRED FRONT SETBACKS

Height above Front Yard Line
(in feet)

Sky Exposure Plane

District

Slope over Zoning Lot (expressed as a ratio of vertical distance to horizontal distance)

On Narrow Street

On Wide Street

Vertical Distance

Horizontal Distance

Vertical Distance

Horizontal Distance

25

1 to

1

1 to

1

R1  R2  R3

35

1 to

1

1 to

1

R4  R5

Zoning Resolutions 24-521.0

SKY EXPOSURE PLANE
R1, R2, R3, R4, R5 Districts

24-522 Front setbacks in districts where front yards are not required

R6 R7 R8 R9 R10 R11 R12

In the districts indicated without a letter suffix,if the front wall or other portion of a building or other structure is located at the street line or within the initial setback distance set forth in the table in this Section, the height of such front wall or other portion of a building or other structure shall not exceed the maximum height above curb level set forth in the table. Above such specified maximum height and beyond the initial setback distance, the building or other structure shall not penetrate the sky exposure plane set forth in the table:

MAXIMUM HEIGHT OF FRONT WALL AND REQUIRED FRONT SETBACKS

Initial Setback Distance

(in feet)

Maximum Height of a Front Wall or other portion of a Building or other structure within the Initial Setback Distance

Sky Exposure Plane

Height above Street Line (in feet)

Slope over Zoning Lot (expressed as a ratio of vertical distance to horizontal distance)

On Narrow Street

On Wide Street

On Narrow Street

On Wide Street

Vertical Distance

Horizontal Distance

Vertical Distance

Horizontal Distance

R6 or R7 Districts

20

15

60 feet or six stories, whichever is less

60

2.7

to 1

5.6

to 1

R8, R9, R10, R11 or R12 Districts

20

15

85 feet or nine stories, whichever is less

85

2.7

to 1

5.6

to 1

Zoning Resolutions 24-522.0

SKY EXPOSURE PLANE
R6, R7, R8, R9, R10, R11, R12 Districts

24-551 Required side setbacks for tall buildings in low bulk districts

R1 R2 R3 R4 R5

In the districts indicated, except R5D Districts, no community facility portion of any building that is more than 35 feet or more than three stories above the level of a side yard, whichever is lower, shall be nearer to a side lot line bounding such yard than a distance equal to one-half the height above yard level of such portion of the building.

The following are permitted to project into any open area required under the provisions of this Section:

(a)        parapet walls, not more than four feet high; and

(b)        chimneys or flues, with a total width not exceeding 10 percent of the width of the building's walls facing such open area.

Zoning Resolutions 24-551.0

SIDE SETBACK REQUIREMENT

24-552 Required rear setbacks for tall buildings

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated without a letter suffix, no portion of a building more than 125 feet above yard level shall be nearer to a rear yard line than 20 feet. However, this provision shall not apply to any portion of a building that qualifies as a tower under the provisions of Section 24-54.

In the case of a through lot on which a rear yard equivalent is provided as set forth in paragraph (a) of Section 24-382, the requirements of this Section shall apply as if such rear yard equivalent were two adjoining rear yards.  If a rear yard equivalent is provided as set forth in paragraphs (b) or (c) of Section 24-382, the requirements of this Section shall not apply.

Zoning Resolutions 24-552.0

REAR SETBACK FOR TALL BUILDINGS      

24-591 Limited Height Districts

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In the districts indicated, within a Limited Height District, the maximum height of a building or other structure, or portion thereof, shall be as shown in the following table:

Limited Height District

Maximum Height above Curb Level or Base Plane, as applicable

LH-1

50 feet

LH-lA

60 feet

LH-2

70 feet

LH-3

100 feet

24-592 Height limitations for narrow buildings or enlargements

R7-2 R8 R9 R10

In the districts indicated, the provisions of Section 23-738 (Height limitations for narrow buildings) shall apply to portions of buildings with street walls less than 45 feet in width.

24-631 Narrow outer courts

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, if an outer court is less than 20 feet wide, the width of such outer court shall be at least one and one-third the depth of such outer court.

24-632 Wide outer courts

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, if an outer court is 20 feet or more in width, the width of such outer court must be at least equal to the depth of such outer court, except that such width need not exceed 40 feet.

24-633 Outer court recesses

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the width of an outer court recess shall be at least twice the depth of the recess, except that such width need not exceed 40 feet.

24-641 Minimum dimensions of inner courts

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the area of an inner court shall not be less than 600 square feet, and the minimum dimension of such inner court shall not be less than 20 feet.  For the purposes of this Section, that portion of an open area not part of an inner court and over which, when viewed from directly above, lines perpendicular to a lot line may be drawn into such inner court, shall be considered part of such inner court.

24-642 Inner court recesses

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the width of an inner court recess:

(a)        if 20 feet or less, shall be at least twice the depth of the recess; or

(b)        if more than 20 feet but less than 40 feet, shall be at least equal to the depth of the recess; and

(c)        need not be greater than 40 feet, whatever the depth of the recess.

24-651 General provisions

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, except as otherwise provided in Section 24-652 (Minimum distance between required windows and certain walls), the minimum distance between any required windows and:

(a)        any wall;

(b)        a rear lot line, or vertical projection thereof; or

(c)        a side lot line, or vertical projection thereof;

shall be 20 feet, measured in a horizontal plane at the sill level of, and perpendicular to, such window; provided, however, that a required window may open on any outer court meeting the requirements of Section 24-63 (Outer Court Regulations).

24-652 Minimum distance between required windows and certain walls

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the minimum horizontal distance between a required window opening on an inner court and any wall opposite such window on the same zoning lot or between a required window and any wall of any other building opposite such window on the same zoning lot, shall not be less than 20 feet, nor shall any such wall be nearer to such window than a distance equal to one-third the total height of such wall above the sill level of such window.  Such minimum distance need not exceed 40 feet.

Such minimum distance shall be measured in a horizontal plane at the sill level of, and perpendicular to, the required window for the full width of the rough window opening between such window and a projection of such wall onto such horizontal plane.

For the purposes of this Section, at any level at which two portions of a single building are not connected one to the other, such portions shall be deemed to be two separate buildings and shall be subject to the provisions of this Section.

25-021 Applicability of regulations in the Manhattan Core and Long Island City area

Special regulations governing accessory off-street parking and loading in the Manhattan Core are set forth in Article I, Chapter 3, and special regulations governing accessory off-street parking in the Long Island City area, as defined in Section 16-02 (Definitions), are set forth in Article I, Chapter 6.

25-022 Applicability of regulations to non-profit hospital staff dwellings

In all districts, the regulations of this Chapter applicable to community facility uses shall not apply to non-profit hospital staff dwellings. In lieu thereof, the regulations applicable to residences shall apply, as follows:

  1. the regulations of an R5 District shall apply to non-profit hospital staff dwellings located in R1, R2 and R3 Districts;
  2. the regulations of an R6 District shall apply to non-profit hospital staff dwellings located in R4 and R5 Districts; and
  3. the regulations of an R10 District shall apply to non-profit hospital staff dwellings located in R6 through R10 Districts.
25-023 Applicability of regulations to certain community facility uses in lower density growth management areas

(a)        In lower density growth management areas other than R6 and R7 Districts in Community District 10, Borough of the Bronx, all zoning lots containing buildings with the following uses shall be subject to the provisions of paragraph (b) of this Section:

(1)        ambulatory diagnostic or treatment health care facilities listed under Use Group III(B), except where such zoning lot contains buildings used for hospitals, as defined in the New York State Hospital Code, or long-term care facilities; or

(2)        child care services as listed under the definition of school in Section 12-10 (DEFINITIONS), except where such zoning lot contains buildings used for houses of worship or, for zoning lots that do not contain buildings used for houses of worship, where the amount of floor area used for child care services is equal to 25 percent or less of the amount of floor area permitted for community facility use on the zoning lot.

(b)        All zoning lots that meet the conditions of paragraph (a) of this Section shall comply with the provisions of Section 25-624 (Special parking regulations for certain community facility uses in lower density growth management areas) in lieu of the following provisions:

(1)        the parking location provisions of Sections 25-622 (Location of parking spaces in lower density growth management areas) and 25-623 (Maneuverability standards);

(2)        the driveway and curb cut provisions of Sections 25-632 (Driveway and curb cut regulations in lower density growth management areas) and 25-634 (Curb cut regulations for community facilities); and

(3)        the screening provisions of Section 25-65 (Screening).

In addition, where the uses listed in paragraphs (a)(1) and (a)(2) of this Section result from a change of use, the provisions of Section 25-31 (General Provisions) shall be modified to require accessory off-street parking spaces for such uses. However, the requirements of Sections 25-31 and 25-624 may be modified for zoning lots containing buildings with such changes of use where the Chairperson of the City Planning Commission certifies to the Commissioner of Buildings that such modifications are necessary due to the location of existing buildings on the zoning lot, and such requirements have been complied with to the maximum extent feasible.

25-024 Applicability of regulations in flood zones

Special regulations applying in the flood zone are set forth in Article VI, Chapter 4.

25-141 For hospitals

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the Board of Standards and Appeals may permit group parking facilities accessory to hospitals, with more than 150 spaces, in accordance with the provisions of Section 73-46 (Exceptions to Maximum Size of Accessory Group Parking Facilities).

25-142 For accessory uses in large-scale residential developments

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the City Planning Commission may permit group parking facilities accessory to uses in large-scale residential developments with more than the prescribed maximum of Section 25-12 (Maximum Size of Accessory Group Parking Facilities), in accordance with the provisions of Section 74-531 (Additional parking spaces or roof parking for accessory group parking facilities).

25-211 General provisions

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, within the Inner Transit Zone, no accessory off-street parking spaces shall be required for dwelling units or rooming units created after December 5, 2024. 

For dwelling units or rooming units in multiple dwelling residences created between July 20, 1950 and December 5, 2024, off-street parking spaces accessory to such dwelling units or rooming units shall continue to be provided in accordance with the calculation methods set forth in Section 25-212 (Existing parking requirements in the Inner Transit Zone). The number of parking spaces required pursuant to Section 25-212 may only be reduced or eliminated pursuant to the provisions of Section 73-432 (Reduction of existing parking spaces for income-restricted housing units) or Section 75-31 (Authorization to Remove Required Parking).

For the purposes of this Section, the term “created” shall mean that, for the applicable dwelling unit or rooming unit, a temporary certificate of occupancy has been issued or, where no temporary certificate of occupancy has been issued, a final certificate of occupancy has been issued.

25-212 Existing parking requirements in the Inner Transit Zone

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

Where accessory off-street parking is required to be maintained for multiple dwelling residences pursuant to Section 25-211, the number of required accessory off-street parking spaces may be calculated pursuant to either paragraph (a) or (b) of this Section. 

For the purposes of calculating the number of required parking spaces for any building containing residences, any fraction of a space 50 percent or greater shall be counted as an additional space, and for the purposes of applying such provisions to rooming units, three rooming units shall be considered the equivalent of one dwelling unit.

Any accessory off-street parking spaces serving a zoning lot in excess of the number required by this Section shall be considered permitted spaces and shall not be regulated by the provisions of Section 25-20, inclusive.

  1. Previously approved applications

    The number of required accessory off-street parking spaces shall be the number of spaces that were required at the time of the development, enlargement or conversion, as applicable, unless it would no longer be required pursuant to the regulations in effect prior to December 5, 2024. Such calculation may include all applicable parking reductions, waivers, geographically based modifications, or modifications for specific uses

    For the purpose of establishing this amount, the Department of Buildings may accept any historical evidence deemed appropriate by the Department of Buildings, such as construction documents, zoning analyses, or other documents submitted as an approved application for a building permit. 

    Where a building was subsequently enlarged or converted after its development, this historical evidence must include materials indicating the most-recent parking requirement in effect for all dwelling units on the zoning lot prior to December 5, 2024.
  2. Simplified reference table

    As an alternative to the method set forth in paragraph (a), the number of required accessory off-street parking spaces shall be the number of spaces set forth in this paragraph (b).

    The number of required off-street spaces shall be determined by the total number of dwelling units on a zoning lot existing prior to December 5, 2024 multiplied by the applicable parking requirement in Column A or B, as applicable. However, where the calculation results in a number of parking spaces less than or equal to the number in Column C, no parking spaces shall be required for residences on the zoning lot.

     

    REQUIREMENTS FOR DWELLING UNITS
    LOCATED WITHIN MULTIPLE DWELLINGS

    District

    Requirement

    Waiver

    Column A

    Column B

    Column C

    Parking requirement per standard dwelling unit (in percent)

    Parking requirement per dwelling unit that is qualifying senior housing or an income-restricted unit in qualifying affordable housing (in percent)

    Maximum waiver (in spaces)

    R1

    100

    0

    0

    R2

    100

    0

    0

    R3

    100

    0

    0

    R4

    100

    0

    1

    R5

    85

    0

    1

    R6

    50

    0

    5

    R7

    50

    0

    25

    R8

    40

    0

    30

    R9

    40

    0

    40

    R10

    40

    0

    50

    R11

    40

    0

    60

    R12

    40

    0

    75

     

    No spaces shall be required on any zoning lot where there is no way to arrange the required spaces with access to the street to conform to the provisions of Section 25-63 (Location of Access to the Street).
25-221 General provisions

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, within the Outer Transit Zone, accessory off-street parking spaces shall be required for dwelling units created as part of a development or enlargement after December 5, 2024, in accordance with the provisions of Section 25-222. No accessory off-street parking spaces shall be required for rooming units created as part of a development or enlargement after March 22, 2016. 

For dwelling units created pursuant to the zoning regulations in effect after July 20, 1950, and prior to December 5, 2024, off-street parking spaces accessory to such dwelling units  cannot be removed if such spaces were required by such zoning regulations at the time such dwelling units were created. However, such spaces can be removed if:

  1. such spaces would not be required pursuant to the applicable zoning regulations currently in effect, as well as those in effect prior to December 5, 2024; or
  2. such spaces would not be required pursuant to an amendment to the applicable zoning regulations effectuated after December 5, 2024.  

For rooming units created pursuant to the zoning regulations in effect after July 20, 1950, and prior to March 22, 2016, the applicable zoning regulations in effect prior to March 22, 2016 shall continue to apply. For the purposes of applying such provisions to rooming units, three rooming units shall be considered the equivalent of one dwelling unit

The number of parking spaces required pursuant to Section 25-22, inclusive, may only be reduced or eliminated pursuant to the provisions of Sections 73-432 (Reduction of existing parking spaces for income-restricted housing units), 73-433 (Reduction of existing parking spaces for qualifying senior housing) or 74-52 (Special Permit to Remove Required Parking). 

For the purposes of this Section, the term “created” shall mean that, for the applicable dwelling unit or rooming unit, a temporary certificate of occupancy has been issued or, where no temporary certificate of occupancy has been issued, a final certificate of occupancy has been issued.

25-222 Requirements for developments or enlargements in the Outer Transit Zone

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, within the Outer Transit Zone, for dwelling units created as part of a development or enlargement after December 5, 2024, the number of required accessory off-street parking spaces shall be determined by multiplying the number of dwelling units by the applicable parking requirement set forth for the applicable district in Columns A or B of the table below. However, where the calculation results in a number of parking spaces less than or equal to the number in Column C, no parking spaces shall be required for residences on the zoning lot.

REQUIREMENTS FOR DWELLING UNITS

District

Requirement

Waiver

Column A

Column B

Column C

Parking requirement per standard dwelling unit (in percent)

Parking requirement per dwelling unit that is an ancillary dwelling unit, qualifying senior housing or an income-restricted unit in qualifying affordable housing (in percent)

Maximum waiver (in spaces)1, 2

R1  R2

100

0

0

R3-1  R3A  R3X

R4-1  R4A  R4B  R5A

50

0

03

R3-2  R4

35

0

5

R5

35

0

10

R5B  R5D

25

0

10

R6  R7-1  R7-2

25

0

15

R7A  R7B

15

0

15

R7-3  R7D  R7X

15

0

25

R8

12

0

30

R9

12

0

40

R10

12

0

50

R11

12

0

60

R12

12

0

75

1     For qualifying residential sites in R1 through R5 Districts, accessory off-street parking spaces shall be waived where the number of dwelling units is 75 or less. 

2     For zoning lots in R7-2, R7-3, R8, R9, R10, R11 or R12 Districts, the parking requirements shall be waived where the lot area is 10,000 square feet or less. 

3     For zoning lots existing on December 5, 2024 where the lot width is 25 feet or less, no parking shall be required. In addition, irrespective of the lot width of the zoning lot, in R4B Districts, one accessory off-street parking space may be waived.

No spaces shall be required on any zoning lot where there is no way to arrange the required spaces with access to the street to conform to the provisions of Section 25-63 (Location of Access to the Street).

25-231 General provisions

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, beyond the Greater Transit Zone, accessory off-street parking spaces shall be required for dwelling units created as part of a development or enlargement December 5, 2024, in accordance with the provisions of Section 25-232. No accessory off-street parking spaces shall be required for rooming units created as part of a development or enlargement after March 22, 2016. 

For dwelling units created pursuant to the zoning regulations in effect after July 20, 1950, and prior to December 5, 2024, off-street parking spaces accessory to such dwelling units cannot be removed if such spaces were required by such zoning regulations at the time such dwelling units were created. However, such spaces can be removed if:

  1. such spaces would not be required pursuant to the applicable zoning regulations currently in effect, as well as those in effect prior to December 5, 2024; or
  2. such spaces would not be required pursuant to an amendment to the applicable zoning regulations effectuated after December 5, 2024.

For rooming units created pursuant to the zoning regulations in effect after July 20, 1950, and prior to March 22, 2016, the applicable zoning regulations in effect prior to March 22, 2016 shall continue to apply. For the purposes of applying such provisions to rooming units, three rooming units shall be considered the equivalent of one dwelling unit

The number of parking spaces required pursuant to Section 25-23, inclusive, may only be reduced or eliminated pursuant to the provisions of Section 73-433 (Reduction of existing parking spaces for qualifying senior housing) or Section 74-52 (Special Permit to Remove Required Parking). 

For the purposes of this Section, the term “created” shall mean that, for the applicable dwelling unit or rooming unit, a temporary certificate of occupancy has been issued or, where no temporary certificate of occupancy has been issued, a final certificate of occupancy has been issued.

25-232 Requirements for developments or enlargements beyond the Greater Transit Zone

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, beyond the Greater Transit Zone, for dwelling units created as part of a development or enlargement after December 5, 2024, the number of required accessory off-street parking spaces shall be determined by multiplying the number of dwelling units by the applicable parking requirement set forth for the applicable district in Columns A or B of the table below. However, where the calculation results in a number of parking spaces less than or equal to the number in Column C, no parking spaces shall be required for residences on the zoning lot.

REQUIREMENTS FOR DWELLING UNITS

District

Requirement

Waiver

Column A

Column B

Column C

Parking requirement per standard dwelling unit

(in percent)

Parking requirement per dwelling unit that is an income-restricted unit in qualifying affordable housing

(in percent)

Parking requirement per dwelling unit that is qualifying senior housing

(in percent)

Parking requirement per dwelling unit that is an ancillary dwelling unit

(in percent)

Maximum waiver

(in spaces)4

R1  R2

100

50

10

0

0

R3A  R3-1  R3X

R4-1  R4B  R4A

R5A

100

50

10

0

05

R3-2

50

50

10

0

1

R4

50

50

10

0

3

R5  R5B  R5D

50

25

10

0

5

R6

50

25

10

0

10

R7-1  R7B

501

12

10

0

10

R7A R7D R7X

501

12

10

0

15

R7-2 R7-3

502

12

10

0

15

R8 R9 R10 R11 R12

403

12

10

0

15

1    For zoning lots in R7-1, R7A, R7B, R7D and R7X Districts, the parking requirement per standard dwelling unit shall be reduced to 30 percent where the lot area is 10,000 square feet or less. 

2     For zoning lots in R7-2 and R7-3 Districts, the parking requirement per standard dwelling unit shall be reduced to 30 percent where the lot area is between 10,001 and 15,000 square feet and waived where the lot area is 10,000 square feet or less. 

3     For zoning lots in R8, R9, R10, R11 and R12 Districts, the parking requirement per standard dwelling unit shall be reduced to 20 percent where the lot area is between 10,001 and 15,000 square feet and waived where the lot area is 10,000 square feet or less.

4     For qualifying residential sites in R1 through R5 Districts, accessory off-street parking spaces shall be waived where the number of dwelling units is 75 or less. 

5     For zoning lots existing on December 5, 2024 where the lot width is 25 feet or less, no parking shall be required. In addition, irrespective of the lot width of the zoning lot, in R4B Districts, one accessory off-street parking space shall be waived. 

No spaces shall be required on any zoning lot where there is no way to arrange the required spaces with access to the street to conform to the provisions of Section 25-63 (Location of Access to the Street).

25-241 Special provisions for certain community districts
  1. Borough of the Bronx

    Within the portion of Community District 12 in the Borough of the Bronx that is within the Outer Transit Zone, the parking requirements applicable to zoning lots located beyond the Greater Transit Zone, other than those for qualifying affordable housing or qualifying senior housing, shall apply.
  2. Borough of Queens

    Within the portions of Community Districts 3 & 4 east of Junction Boulevard in the Borough of the Queens that is within the Outer Transit Zone, the parking requirements applicable to zoning lots located beyond the Greater Transit Zone, other than those for qualifying affordable housing or qualifying senior housing, shall apply.

    Within the portion of Community District 14 in the Borough of the Queens that is within the Outer Transit Zone, the parking requirements applicable to zoning lots located beyond the Greater Transit Zone, other than those for qualifying affordable housing or qualifying senior housing, shall apply. 
25-311 Special Provisions in Certain Areas

In lower density growth management areas, the parking requirements for child care services, as listed under the definition of school in Section 12-10 (DEFINITIONS), in R1 through R5 Districts, shall be 1 per 1,000 square feet.

25-331 Exceptions to application of waiver provisions

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the waiver provisions of Section 25-33 (Waiver of Requirements for Spaces Below Minimum Number) shall not apply to the following types of uses:

Agricultural uses, including greenhouses, nurseries or truck gardens;

Ambulatory diagnostic or treatment health care facilities in R3, R4-1 and R4A Districts in lower density growth management areas. However, the waiver provisions shall apply where such use is located in such areas on the same zoning lot as a hospital, as defined in the New York State Hospital Code or a long-term care facility, and shall apply where such use is located in such areas on any zoning lot in an R6 or R7 District in Community District 10, Borough of the Bronx;

Outdoor tennis courts;

Camps, overnight or day;

Schools in R1 and R2 Districts, child care services in R1, R2, R3, R4-1 and R4A Districts in lower density growth management areas. However, the waiver provisions shall apply where child care services are located in such districts on the same zoning lot as a house of worship, and shall apply where child care services located in such districts on zoning lots that do not contain houses of worship, where the amount of floor area used for child care services is equal to 25 percent or less of the amount of floor area permitted for community facility use on the zoning lot.

25-431 Limited repairs permitted in specified districts

R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, within a completely enclosed garage, detached from a building containing residences and containing not less than 150 accessory off-street parking spaces, minor automotive repairs (not including body work) are permitted.

25-521 Maximum distance from zoning lot

R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, all such spaces shall not be further than the distance set forth in the following table from the nearest boundary of the zoning lot occupied by the residences to which they are accessory.

District

Maximum Distance from
Zoning Lot

R3 R4 R5 R6 R7-1 R7B

600 feet

R7-2 R7-3 R7A R7D R7X R8 R9 R10 R11 R12

1,000 feet

25-531 For houses of worship

R1 R2 R3 R4

In the districts indicated, parking spaces accessory to permitted houses of worship may be provided on a zoning lot other than the same zoning lot as such house of worship but within the same district or an adjoining district, provided that in such instances all such spaces shall be not further than 600 feet from the nearest boundary of the zoning lot containing such uses.

25-532 For permitted non-residential uses

R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, all permitted or required off-street parking spaces accessory to permitted non-residential uses may be provided on a zoning lot other than the same zoning lot as such uses, but within the same district or an adjoining district other than an Rl, R2, R3 or R4 District provided that in such instances all such spaces located in a Residence District shall be not further than 200 feet from the nearest boundary of the zoning lot containing such uses, and all such spaces located in a Commercial District or Manufacturing District shall be not further than 600 feet from the nearest boundary of such zoning lot, and provided further that the Commissioner of Buildings determines that:

(a)        there is no way to arrange such spaces on the same zoning lot as such uses; and

(b)        such spaces are so located as to draw a minimum of vehicular traffic to and through streets having predominantly residential frontages.

Such parking spaces shall conform to all additional regulations promulgated by the Commissioner of Buildings to minimize adverse effects on the character of surrounding areas.

25-541 Joint facilities

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, all accessory off-street parking spaces may be provided in facilities designed to serve jointly two or more buildings or zoning lots, provided that:

  1. the number of spaces in such joint facilities shall be not less than that required by this Chapter for the combined number of dwelling units or the combined floor area, lot area, rated capacity, or other such unit of measurement in such buildings or zoning lots;
  2. all such spaces are located in a district where they are permitted under the applicable provisions of Sections 25-52 (Off-Site Spaces for Residences), 25-53 (Off-site Spaces for Permitted Non-residential Uses), or 73-45 (Modification of Off-site Parking Provisions); and
  3. the design and layout of such joint facilities meet standards of adequacy set forth in regulations promulgated by the Commissioner of Buildings.
25-621 Location of parking spaces in certain districts

All accessory off-street parking spaces on zoning lots with buildings containing residences shall be located in accordance with the provisions of this Section, except that in R1, R2, R3, R4A and R4-1 Districts within lower density growth management areas, the provisions of Section 25-622 shall apply. In addition, all such parking spaces shall be subject to the curb cut requirements of Section 25-63 (Location of Access to the Street).

R1 R2 R3-1 R3A R3X R4-1 R4A R5A

(a)        In the districts indicated, for single- and two-family residences, accessory off-street parking spaces shall be located within or to the side or rear of buildings containing residences. Accessory parking spaces may also be located between the street line and street wall of such buildings and their prolongations only where such spaces are located in a driveway that accesses at least one parking space located to the side or rear of such building and no portion of such driveway is located in front of such buildings.

However, such parking spaces may also be located in a driveway directly in front of a garage, where such garage is within:

(1)        a semi-detached building in an R3-1 or R4-1 District; or

(2)        a detached building on a zoning lot with at least 35 feet of frontage along the street accessing such driveway, and at least 18 feet of uninterrupted curb space along such street.

No parking spaces of any kind shall be allowed between the street line and street wall of an attached or semi-detached building in an R1, R2, R3A, R3X, R4A or R5A District, or for an attached building in an R3-1 or R4-1 District.

R3-2 R4 R5

(b)        In the districts indicated, other than R4-1, R4A, R4B, R5A, R5B and R5D Districts, for single- and two-family residences, accessory off-street parking spaces shall be located within or to the side or rear of buildings containing residences. Accessory parking spaces may also be located between the street line and street wall of such buildings and their prolongations, provided that, for buildings on zoning lots with less than 35 feet of street frontage, such spaces are located in a driveway in the side lot ribbon, and provided that for buildings on zoning lots with at least 35 feet of street frontage and at least 18 feet of uninterrupted curb space along a street, either:

(1)        no more than two parking spaces located between the street line and street wall of such buildings and their prolongations shall be accessed from a single curb cut, and the parking area for these spaces shall not be more than 20 feet in width measured parallel, or within 30 degrees of being parallel, to the street line; or

(2)        a group parking facility with five or more spaces is provided and is screened in accordance with the requirements of Section 25-65 (Screening), paragraphs (a) or (b), as applicable.

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

(c)        In all districts, as indicated, for zoning lots with buildings that are multiple dwelling residences, all accessory off-street parking spaces shall be located only within such buildings or in any open area on the zoning lot that is not between the street line and the street wall of such buildings and their prolongations.

However, on through lots, such limitation shall only apply along one street frontage.


In addition, such limitation shall not apply on zoning lots occupying an entire block, or to large sites.

25-622 Location of parking spaces in lower density growth management areas

The provisions of this Section shall apply to all zoning lots with buildings containing residences in R1, R2, R3, R4-1 and R4A Districts within lower density growth management areas.

Required accessory off-street parking spaces shall be permitted only within a building or in any open area on the zoning lot that is not between the street line and the street wall or prolongation thereof of the building. Non-required parking spaces may be permitted between the street line and the street wall provided they are located in a driveway that accesses required parking spaces that are located behind the street wall of the building or prolongation thereof.

For zoning lots with less than 33 feet of street frontage, access to all parking spaces through a front yard shall be only through a single driveway no more than 10 feet in width.

For zoning lots with at least 33 feet of street frontage, access to all parking spaces through a front yard shall be only through a driveway no more than 20 feet in width.

No more than two unenclosed required parking spaces may be located in tandem (one behind the other), except that no tandem parking shall be permitted in any group parking facility with more than four spaces.

25-623 Maneuverability standards for community facility uses

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the provisions of this Section shall apply to:

(a)        developments with accessory open parking areas in which 70 percent or more of the floor area on the zoning lot is occupied by a community facility use;

(b)        enlargements of a building with accessory open parking areas or the enlargement of an open parking area, that result in:

(1)        an increase in the total number of parking spaces accessory to 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)        an increase in the 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 community facility uses; and

(c)        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.

The provisions of this Section shall not apply to surface parking located on the roof of a building, indoor parking garages, public parking garages, structured parking facilities, or developments or enlargements 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 this Section, 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 required landscaped areas within and adjacent to the open parking area.

For all such new or enlarged open parking areas, a site plan shall be submitted to the Department of Buildings showing the location of all parking spaces, curb cuts and compliance with the maneuverability standards, as set forth in paragraphs (b) and (c) of Section 36-57.

25-624 Special parking regulations for certain community facility uses in lower density growth management areas

(a)        In lower density growth management areas other than R6 and R7 Districts in Community District 10, Borough of the Bronx, all zoning lots containing buildings with the following uses shall be subject to the provisions of paragraph (b) of this Section:

(1)        ambulatory diagnostic or treatment health care facilities listed under Use Group III(B),  except where such zoning lot contains buildings used for hospitals, as defined in the New York State Hospital Code, or long-term care facilities; and

(2)        child care services as listed under the definition of school in Section 12-10 (DEFINITIONS), except where such zoning lot contains buildings used for houses of worship or, for zoning lots that do not contain buildings used for houses of worship, where the amount of floor area used for child care services is equal to 25 percent or less of the amount of floor area permitted for community facility use on the zoning lot.  

(b)        All zoning lots that meet the conditions of paragraph (a) of this Section shall comply with the following provisions:

(1)        Accessory off-street parking spaces shall be permitted only within a building or in any open area on the zoning lot that is not between the street line and the street wall or prolongation thereof of the building.

(2)        The maneuverability provisions of paragraphs (b) of Section 36-57 (Parking Lot Maneuverability and Curb Cut Regulations) shall apply to all such zoning lots. No tandem parking shall be permitted.

(3)        The curb cut provisions of paragraph (c) of Section 36-57 shall apply to all such zoning lots, except that, for zoning lots with less than 75 feet of street frontage, a minimum distance of four feet from other curb cuts on adjacent zoning lots shall be maintained.

(4)        For zoning lots in R1, R2, R3A, R3X, R3-1, R4-1 and R4A Districts with buildings containing child care services, a driveway shall be required for drop-off and pick-up of users of the child care facility. Such driveway shall have a minimum width of 15 feet and a maximum width of 18 feet and shall serve one-way traffic. Such driveway shall include a designated area for the drop-off and pick-up of users of the facility with a minimum length of 25 feet and a minimum width of 10 feet. Such drop-off and pick-up area shall abut a sidewalk with a minimum width of four feet that connects to the child care facility entrance and all public sidewalks. No parking spaces shall be located within such driveway.

(5)        For any zoning lot containing child care services, driveways and open accessory off-street parking spaces may occupy no more than 50 percent of the lot area not covered by buildings. For zoning lots containing ambulatory diagnostic or treatment health care facilities, driveways and open accessory off-street parking spaces may occupy no more than 66 percent of the lot area not covered by buildings.

(6)        All parking areas not within a building shall be screened from adjoining zoning lots and streets by a landscaped strip at least four feet wide, densely planted with evergreen shrubs at least four feet high at time of planting, and of a type that may be expected to form a year-round dense screen at least six feet high within three years. Such screening shall be maintained in good condition at all times.

(7)        Any lighting provided in off-street parking areas shall be directed away from residences.

 

25-625 Special certification to modify the parking regulations for certain community facility uses in lower density growth management areas

In lower density growth management areas other than R6 and R7 Districts in Community District 10, Borough of the Bronx, the Chairperson of the City Planning Commission may modify the amount of accessory off-street parking required pursuant to Section 25-31 (General Provisions), or the parking regulations of paragraphs (b)(3), (b)(4), and (b)(5) of Section 25-624 (Special parking regulations for certain community facility uses in lower density growth management areas), for any enlargement of a building containing a use listed in paragraphs (a) or (b) of this Section, or a change of use to, or an extension of,  such use, provided that the applicant submits a site plan that demonstrates to the Chairperson that the location of the existing building on the zoning lot impedes compliance with the parking requirements of Sections 25-31 and 25-624, and that the Chairperson certifies to the Department of Buildings, that the enlargement, extension or change of use complies with such requirements to the maximum extent feasible.

(a)        Ambulatory diagnostic or treatment health care facilities listed under Use Group III(B), except where such zoning lot contains buildings used for hospitals, as defined in the New York State Hospital Code, or long-term care facilities; and

(b)        Child care services listed under the definition of school in Section 12-10 (DEFINITIONS), except where such zoning lot contains buildings used for houses of worship and, for zoning lots that do not contain buildings used for houses of worship, where the amount of floor area used for child care services is equal to 25 percent or less of the amount of floor area permitted for community facility use on the zoning lot.

25-626 Calculating floor area in parking facilities with lift systems, or in automated parking facilities

For enclosed accessory off-street parking facilities, for the purposes of determining floor area in an automated parking facility, or an attended parking facility with parking lift systems, each tray upon which a vehicle is stored at a height that exceeds the permitted exemption set forth in the definition of floor area in Section 12-10, or as otherwise modified in this Resolution, shall be considered floor area in an amount of 153 square feet, or the size of such lifted tray, whichever is greater.

25-631 Location and width of curb cuts in certain districts

All curb cuts on zoning lots with buildings containing residences shall comply with the provisions of this Section, except that, in lower density growth management areas, the provisions of Section 25-632 shall apply. The minimum width of a curb cut shall be eight feet, including splays. In addition, for non-conforming buildings in all districts, the provisions of Section 25-633 (Curb cut restrictions for certain buildings in R1 through R5 Districts) shall apply.

R2A

(a)        In the district indicated, the maximum width of a curb cut shall be 18 feet, and the maximum width of a driveway within a front yard shall be 20 feet. All zoning lots shall maintain at least 18 feet of uninterrupted curb space along each street frontage.

R2X R3 R4 R5

(b)        In the districts indicated, except R4B and R5B Districts, as well as for qualifying residential sites in R1 through R5 Districts, curb cuts shall comply with the following provisions:

(1)        For zoning lots containing residences where not more than two accessory parking spaces are provided:

(i)          for zoning lots with less than 50 feet of frontage along a street, only one curb cut, having a maximum width, including splays, of 10 feet, shall be permitted;

(ii)         for zoning lots with at least 50 feet of frontage along a street, no more than two curb cuts shall be permitted along such street frontage. If one curb cut is provided, such curb cut shall have a maximum width, including splays, of 18 feet. If two curb cuts are provided, the maximum width of each curb cut, including splays, shall be 10 feet, and a minimum distance of 30 feet of uninterrupted curb space shall be provided between such curb cuts;

(iii)        wherever accessory parking spaces are provided in adjacent side lot ribbons on zoning lots subdivided after June 30, 1989, the curb cuts giving access to such side lot ribbons shall be contiguous (paired), so that only one curb cut, having a maximum width of 18 feet, including splays, shall serve both side lot ribbons; and

(iv)        a minimum distance of 16 feet of uninterrupted curb space shall be maintained between all curb cuts constructed after June 30, 1989, provided that this requirement shall not apply to zoning lots existing both on June 30, 1989, and April 14, 2010, that are less than 40 feet wide and where at least 16 feet of uninterrupted curb space is maintained along the street in front of the zoning lot; or

(2)        For zoning lots containing residences where more than two accessory parking spaces are provided:

(i)        zoning lots with 35 feet or more of frontage along a street shall maintain a minimum distance of 16 feet of uninterrupted curb space along such street;

(ii)        a minimum distance of 16 feet of uninterrupted curb space shall be maintained between all curb cuts constructed after June 30, 1989, provided that this requirement shall not apply to any zoning lot existing both on June 30, 1989 and April 14, 2010, that is less than 40 feet wide and where at least 16 feet of uninterrupted curb space is maintained in front of such zoning lot along the street;

(iii)        all driveways shall be located at least 13 feet from any other driveway on the same or adjoining zoning lots. However, driveways may be paired with other driveways on the same or adjoining zoning lots, provided the aggregate width of such paired driveways, including any space between them, does not exceed 20 feet. Curb cuts accessing such paired driveway shall have a minimum width of 15 feet and a maximum width, including splays, of 18 feet; and

(iv)        except for paired driveways as set forth in paragraph (b)(2)(iii) of this Section, the maximum width of a curb cut accessing less than 50 parking spaces shall be 12 feet, including splays, and the maximum width of a curb cut accessing more than 50 parking spaces shall be 22 feet, including splays. However, where Fire Department regulations set forth in the Administrative Code of the City of New York require curb cuts of greater width, such curb cuts may be increased to the minimum width acceptable to the Fire Department.

R4B R5B

(c)        In the districts indicated, curb cuts are permitted only on zoning lots with at least 40 feet of street frontage and existing on the effective date of establishing such districts on the zoning maps. Any such zoning lot may be subdivided; however, curb cuts are permitted only for a resulting subdivided zoning lot that has at least 40 feet of street frontage. For detached, semi-detached and zero lot line buildings, the width and location of curb cuts shall be in accordance with paragraph (b)(1), inclusive, of this Section. For attached buildings and building segments, and for multiple dwellings in R5B Districts, at least 34 feet of uninterrupted curb space shall be maintained between all curb cuts constructed after June 30, 1989, provided that this requirement shall not apply to zoning lots existing on both June 30, 1989, and April 14, 2010, that are less than 76 feet wide and where at least 34 feet of uninterrupted curb space is maintained along the street in front of the zoning lot.

For zoning lots with less than 40 feet of street frontage and existing on the effective date of establishing such districts on the zoning maps, curb cuts shall be prohibited.

R6 R7 R8

(d)        In the districts indicated, only one curb cut, having a maximum width of 12 feet, including splays, shall be permitted on any street frontage of a zoning lot. However, where a curb cut accesses a group parking facility with 50 or more spaces, the maximum width of a curb cut shall be 22 feet, including splays, or alternatively, two curb cuts shall be permitted to access such group parking facility, each with a maximum width of 12 feet, including splays, and spaced at least 60 feet apart. For zoning lots subdivided after April 14, 2010, curb cuts shall only be permitted along the street frontage of such subdivided zoning lot where at least 34 feet of uninterrupted curb space is maintained, and shall comply with the width and spacing requirements of this paragraph.

However, in R6B, R7B and R8B Districts, curb cuts shall be prohibited, except on zoning lots occupied by a building with a street wall at least 40 feet in width or, for zoning lots with multiple building segments, only where such curb cut is in front of a building segment with a street wall at least 40 feet in width. On such zoning lots, curb cuts shall be permitted only on the street frontage that is at least 40 feet wide.

R9 R10 R11 R12

(e)       In the districts indicated, no curb cuts shall be permitted on any wide street frontage, and only one curb cut, having a maximum width of 22 feet, including splays, shall be permitted on any narrow street frontage.

(f)        Modification of curb cut requirements:

R2X R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

(1)        In the districts indicated, the location and width of curb cuts, as required by the provisions of this Section, may be modified if the Commissioner of Buildings certifies that the specified curb cut locations would require the removal of shade trees maintained by the City of New York. The Commissioner of Buildings may refer such matter to the Department of Parks and Recreation and the Department of Transportation for reports, and may base the determination on such reports.

R6 R7 R8 R9 R10 R11 R12

(2)        In the districts indicated, the City Planning Commission may authorize modifications to the provisions of this Section, provided that the Commission finds that:

(i)        the proposed modification does not adversely affect the character of the surrounding area; and

(ii)        where more than one curb cut is provided, the curb cuts are arranged to foster retention of curbside parking spaces along the street frontage of the zoning lot.

25-632 Driveway and curb cut regulations in lower density growth management areas

The provisions of this Section shall apply to all zoning lots with buildings containing residences within all lower density growth management areas, except that these provisions shall not apply to any zoning lot occupied by only one single-family detached residence with at least 60 feet of frontage along one street and, for such residences on corner lots, with at least 60 feet of frontage along two streets.

(a)        For zoning lots with less than 33 feet of frontage along a street, only one curb cut, having a maximum width, including splays, of 10 feet, shall be permitted.

(b)        For zoning lots with at least 33 feet of frontage along a street, multiple curb cuts are permitted. The maximum width of a curb cut serving a driveway 12 feet or less in width shall be 10 feet, including splays. Driveways wider than 12 feet at any point within a front yard shall be accessed by a single curb cut with a minimum width of 17 feet and a maximum width, including splays, of 18 feet.

(c)        The center line of each curb cut shall be coincident with the center line of the driveway that it serves.

(d)        All driveways shall be located at least 13 feet from any other driveway on the same or adjoining zoning lots. However, driveways may be paired with other driveways on adjoining zoning lots provided the aggregate width of such paired driveways, including any space between them, does not exceed 20 feet.

(e)        All zoning lots with buildings containing residences shall maintain a minimum distance of 16 feet of uninterrupted curb space between all curb cuts constructed after June 30, 1989.

(f)        The requirements of paragraphs (d) and (e) of this Section may be waived where the Commissioner of Buildings certifies that, due to the location of driveways and curb cuts on adjacent zoning lots, there is no way to locate the driveways and curb cuts in compliance with this requirement of this Section, and that at least 16 feet of uninterrupted curb space is maintained along the street in front of the zoning lot.

(g)        For multiple buildings on a single zoning lot, access to all parking spaces shall be provided entirely on the same zoning lot.

25-633 Curb cut restrictions for certain buildings in R1 through R5 Districts

R1 R2 R3-1 R3A R3X R4-1 R4A R5A

(a)        In the districts indicated, curb cuts are prohibited for attached buildings except where such building is bounded on one side by a side yard at least eight feet in width. For such buildings, a curb cut shall be permitted only along that portion of the street frontage of the zoning lot directly in front of a side yard that is at least eight feet wide and accesses a parking space located beyond the street wall or prolongation thereof.

R1 R2 R3A R3X R4A R5A

(b)        In the districts indicated, for semi-detached buildings, a curb cut shall only be permitted along that portion of the street frontage of the zoning lot directly in front of a side yard that is at least eight feet wide and accesses a parking space located beyond the  street wall or prolongation thereof.

25-634 Curb cut regulations for community facilities

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, any development or enlargement containing a community facility use with an unenclosed parking area shall comply with the provisions of this Section.

Curb cuts serving one travel lane shall have a maximum width of 12 feet, excluding splays, and curb cuts serving two travel lanes shall have a maximum width of 24 feet, excluding splays. For parking lots with more than 100 parking spaces, curb cuts of up to 30 feet, excluding splays, shall be permitted.

However, where Fire Department regulations set forth in the Administrative Code of the City of New York require curb cuts of greater width, such curb cuts may be increased to the minimum width acceptable to the Fire Department.

For zoning lots with 100 feet or less of street frontage, only two curb cuts shall be permitted. For every additional 50 feet of street frontage, one additional curb cut shall be permitted.

A minimum distance of 18 feet from any other curb cut on the same or adjacent zoning lots shall be maintained, except where the Commissioner of Buildings determines that, due to the location of curb cuts constructed prior to November 28, 2007, on adjacent zoning lots, there is no way to locate the curb cut 18 feet from such adjacent existing curb cuts.

25-635 Maximum driveway grade

R1 R2 R3 R4 R5

In the districts indicated, the maximum grade of a driveway shall not exceed 11 percent in any front yard. Driveways existing on April 30, 2008, which exceed a grade of 11 percent, may be used to access parking spaces provided for residences constructed after April 30, 2008.

25-811 Enclosed bicycle parking spaces

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, enclosed accessory bicycle parking spaces shall be provided for at least that amount specified for the applicable use set forth in the table in this Section.

For the purposes of calculating the number of required bicycle parking spaces, any fraction of a space 50 percent or greater shall be counted as an additional space. For residences, the accessory bicycle parking requirement shall be calculated separately for separate buildings or building segments.

For the purposes of applying such provisions to rooming units, three rooming units shall be considered the equivalent of one dwelling unit.

Where any building or zoning lot contains two or more uses having different bicycle parking requirements as set forth in the table, the bicycle parking requirements for each type of use shall apply to the extent of that use.

Where an enclosed accessory group parking facility is provided, the required number of bicycle parking spaces for the use to which such facility is accessory shall be the amount set forth for such use in the table, or one for every 10 automobile parking spaces that are enclosed within a building or other structure or located on the roof of a building, whichever will require a greater number of bicycle parking spaces.

REQUIRED BICYCLE PARKING SPACES FOR RESIDENTIAL OR COMMUNITY FACILITY USES

Type of Use

Bicycle Parking Spaces Required in Relation to Specified Unit of Measurement

FOR RESIDENTIAL USES

Single-family detached residences listed under Use Group II

None required

All other types of residences listed under Use Group II, except affordable independent residences for seniors

1 per two dwelling units

Affordable independent residences for seniors listed under Use Group II

1 per 10,000 square feet of floor area

FOR COMMUNITY FACILITY USES 1

College or school student dormitories or fraternity and sorority student houses listed under Use Group III(A)

1 per 2,000 square feet of floor area

Colleges, universities, or seminaries listed under Use Group III(B)2

(a)    Classrooms, laboratories, student centers or offices

(b)    Theaters, auditoriums, gymnasiums or stadiums

 

1 per 5,000 square feet of floor area

1 per 20,000 square feet of floor area

Libraries, museums or non-commercial art galleries listed under Use Group III(B)

1 per 20,000 square feet of floor area

Monasteries, convents or novitiates listed under Use Group III(A); houses of worship listed under Use Group III(B);, rectories or parish houses listed under Use Group III(A) or III(B); all uses listed under Use Group I

None required

All other uses listed under Use Group III not otherwise listed in this table

1 per 10,000 square feet of floor area

1        Non-profit hospital staff dwellings shall be subject to the requirements for Use Group II residential uses

2        Up to half of required spaces may be provided as unenclosed bicycle parking spaces pursuant to the requirements of Section 25-83 (Restrictions on Operation, Size and Location of Enclosed Bicycle Parking Spaces)

 

However, the bicycle parking requirements set forth in the table shall be waived for bicycle parking spaces that are accessory to:

(a)        buildings or building segments containing 10 dwelling units or less;

(b)        colleges, universities or seminaries where the number of required bicycle parking spaces is six or less;

(c)        college or school student dormitories or fraternity and sorority student houses where the number of required bicycle parking spaces is five or less; or

(d)        all other community facility uses not otherwise listed in the table where the number of required bicycle parking spaces is three or less.

25-812 Unenclosed bicycle parking spaces

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, for open parking areas accessory to community facility uses that contain 18 or more spaces or are greater than 6,000 square feet in area, which meet the applicability standards of Section 25-66 (Parking Lot Landscaping), unenclosed accessory bicycle parking spaces shall be provided as follows:

(a)        One bicycle parking space shall be provided for every 10 automobile parking spaces, up to 200 automobile parking spaces. Thereafter, one bicycle parking space shall be provided for every 100 automobile parking spaces. Fractions equal to or greater than one-half resulting from this calculation shall be considered to be one bicycle parking space.

(b)        Each bicycle rack shall allow for the bicycle frame and at least one wheel to be locked to the rack. If bicycles can be locked to each side of the rack without conflict, each side may be counted toward a required space. Thirty inches of maneuverable space shall be provided between parallel bicycle racks and an eight foot wide aisle shall be provided between bicycle rack areas.

(c)        Bicycle racks shall be provided within 50 feet of a main entrance of a building and a minimum of 24 inches from any wall. However, if more than 40 bicycle parking spaces are required, 50 percent of such spaces may be provided at a distance of up to 100 feet from the main entrance of a building. Department of Transportation bicycle racks provided on a fronting sidewalk may be counted toward this requirement, provided such racks meet the standards of this paragraph, (c).

26-141 Arcades

Arcades shall be bonused only where the zoning lot of a development occupies:

(a)        the entire street line of a block and when the arcade extends the full length of such street frontage; or

(b)        a portion of the street line of a block and the contiguous zoning lot contains an arcade extending the full length of the street frontage, and no walls are existing where the two arcades abut; or where the contiguous zoning lot is vacant. Such arcade shall be located at the same elevation as the existing arcade.

Arcades may be interrupted by a bonusable open space such as a publicly accessible open area.

26-142 Street wall articulation

When any building wall of a development that is five feet or more in height adjoins a sidewalk, a public plaza or an arcade, at least 25 percent of the total surface area of such walls between curb level and 12 feet above curb level or to the ceiling of the ground floor, whichever is higher, or to the full height of the wall if such wall is less than 12 feet in height, shall be transparent.  The lowest point at any point of any transparency that is provided to satisfy the requirements of this Section shall not be higher than four feet above the curb level.

Door or window openings within such walls shall be considered as transparent. Such openings shall have a minimum width of two feet.

In addition, any portion of such building wall, 50 feet or more in width, which contains no transparent element between curb level and 12 feet above curb level or the ceiling of the ground floor, whichever is higher, or to its full height if such wall if less than 12 feet in height, shall be covered with vines or similar planting or contain artwork or be treated so as to provide visual relief. Plantings shall be planted in soil having a depth of not less than 2 feet, 6 inches, and a minimum width of 24 inches. If artwork is being used, approval by the New York City Art Commission shall be obtained prior to the certificate of occupancy being issued for the development.

26-421 Modifications of planting strip requirements

Driveways are permitted to traverse planting strips. Planting strips may be interrupted by utilities and paved areas required for bus stops.

On zoning lots containing schools, permeable pavers or permeable pavement may be substituted for grass or ground cover, provided that, beneath such permeable pavers or pavement, there is structural soil or aggregate containing at least 25 percent pore space, or other kind of engineered system that absorbs stormwater, as acceptable to the Department of Transportation. Any area improved with permeable pavers or pavement pursuant to this paragraph shall be no less than three feet in width except where necessary for compliance with the Americans with Disabilities Act.

27-111 General definitions

The following definitions shall apply throughout Section 27-10 (ADMINISTRATION OF AFFORDABLE HOUSING), inclusive:

Affordable floor area

  1. Where all of the dwelling units, rooming units and supportive housing units in an MIH site or UAP site, other than any super’s unit, are affordable housing units, all of the residential floor area or community facility floor area for a supportive housing project, in such UAP site or MIH site is “affordable floor area.”
  2. Where one or more of the dwelling units or rooming units in an MIH site or UAP site, other than any super’s unit, are not affordable housing units, the affordable floor area in such MIH site or UAP site is the sum of:
    1. all of the residential floor area of the affordable housing units in such MIH site or UAP site; plus
    2. a figure determined by multiplying the residential floor area of the eligible common areas in such MIH site or UAP site by a fraction, the numerator of which is all of the residential floor area of the affordable housing units in such MIH site or UAP site and the denominator of which is the sum of the residential floor area of the affordable housing units in such MIH site or UAP site plus the residential floor area of the dwelling units or rooming units in such MIH site or UAP site, other than any super’s unit, that are not affordable housing units.


Affordable housing

“Affordable housing” consists of:

  1. affordable housing units; and
  2. eligible common areas.


Affordable housing application

An “affordable housing application” is an application submitted to HPD that specifies how affordable housing will be provided on an MIH site or a UAP site, in compliance with the provisions of Section 27-00 (APPLICABILITY, GENERAL PURPOSES AND DEFINITIONS), inclusive. 


Affordable housing fund

With respect to the requirements of paragraph (a)(3)(v) of Section 27-131, the “affordable housing fund” is a fund administered by HPD, all contributions to which shall be used for development, acquisition, rehabilitation, or preservation of affordable housing, or other affordable housing purposes as set forth in the guidelines. Each contribution into such fund shall be reserved for use within the borough in which the MIH development making such contribution is located and, for a minimum of 10 years, shall be reserved for use in the same Community District in which the MIH development making such contribution is located. HPD shall issue a public report on the use of such fund no less frequently than annually.

Further provisions for the use of such funds may be set forth in the guidelines.


Affordable housing regulatory agreement

An “affordable housing regulatory agreement” is a legally binding agreement between the owner of a building and a Federal, State, or local agency or instrumentality with respect to a development, enlargement, or conversion from non-residential to residential use, which:

  1. requires all of the dwelling units, rooming units, or supportive housing units in such building to be income-restricted and occupied by an eligible household as established by such agreement for a period of no less than 30 years; 
  2. for a rental building, restricts an amount of floor area that would otherwise be required for the MIH development, UAP development or qualifying residential site subject to affordability requirements for the life of such building, or, for a homeownership building, requires such building to be owned by a housing development fund corporation established pursuant to Article XI of the Private Housing Finance Law for the life of such building; and 
  3. is entered into in connection with public funding.

HPD may impose additional requirements for buildings subject to an affordable housing regulatory agreement in the guidelines.


Affordable housing unit

An “affordable housing unit” is:

  1. a dwelling unit, other than a super’s unit, that is used for class A occupancy as defined in the Multiple Dwelling Law, or a rooming unit, other than a super’s unit, that is used for either Class A or Class B occupancy as defined in the Multiple Dwelling Law, and that is or will be restricted, pursuant to an affordable housing regulatory agreement or restrictive declaration, to occupancy by:
    1. for a UAP site:
      1. households having an income less than or equal to a weighted average of 60 percent of the income index at initial occupancy:
        1. with no more than three income bands;
        2. no income band exceeding 100 percent of the income index; and
        3. for UAP sites with 10,000 square feet or more of affordable floor area, at least 20 percent of such affordable floor area at an income band of no more than 40 percent of the income index.

          However, with regard to preservation affordable housing, a grandfathered tenant shall also be permitted to occupy such affordable housing unit; or 

      2. households as specified in an affordable housing regulatory agreement executed after December 5, 2024; or
    2. for an MIH site, qualifying households;
  2. a supportive housing unit within a supportive housing project.

Affordable housing units that are restricted to homeownership, as defined in Section 27-113, pursuant to an affordable housing regulatory agreement or a restrictive declaration, must be dwelling units.


Capital element

“Capital elements” are, with respect to any UAP site, the electrical, plumbing, heating and ventilation systems in such UAP site, any air conditioning system in such UAP site and all facades, parapets, roofs, windows, doors, elevators, concrete and masonry in such UAP site and any other portions of such UAP site specified in the guidelines


Completion notice

A “completion notice” is a notice from HPD to the Department of Buildings stating that the affordable housing in all or a portion of any MIH site or UAP site is complete and stating the affordable floor area of such affordable housing.


Eligible common area

An eligible common area includes any residential floor area that is located within a super’s unit, and any residential floor area in such MIH site or UAP site that is not located within any other dwelling unit or rooming unit, but shall not include any residential floor area for which a user fee is charged to residents of affordable housing units.


Grandfathered tenant

A “grandfathered tenant” is any household that:

  1. occupied an affordable housing unit in preservation affordable housing on the restrictive declaration date, pursuant to a lease, occupancy agreement or statutory tenancy under which one or more members of such household was a primary tenant of such affordable housing unit; and
  2. has not been certified to have an annual income below the income band applicable to such affordable housing unit; or
  3. in homeownership preservation affordable housing, has been certified to have an annual income below the income band applicable to such affordable housing unit, but has elected not to purchase such affordable housing unit.

In Mandatory Inclusionary Housing areas, grandfathered tenants may include tenants of buildings on an MIH site that have been or will be demolished, as set forth in the guidelines.    


Guidelines

The “guidelines” are the guidelines adopted by HPD, pursuant to paragraph (k) of Section 27-16 (Requirements for MIH Sites or UAP Sites).


Household

Prior to initial occupancy of an affordable housing unit, a “household” is, collectively, all of the persons intending to occupy such affordable housing unit at initial occupancy. After initial occupancy of an affordable housing unit, a household is, collectively, all of the persons occupying such affordable housing unit.


HPD

“HPD” is the Department of Housing Preservation and Development or its successor agency or designee, acting by or through its Commissioner or his or her designee.


Income band

An “income band” is a percentage of the income index that is the maximum income for occupants of affordable housing units at initial occupancy. Income bands shall all be multiples of 10 percent of the income index, except for an income band at 135 percent of the income index provided pursuant to paragraph (a)(3)(iv) of Section 27-131


Income index

The “income index” is 200 percent of the Very Low-Income Limit established by the U.S. Department of Housing and Urban Development (HUD) for Multifamily Tax Subsidy Projects (MTSPs) in accordance with Internal Revenue Code Sections 42 and 142, as amended by Section 3009(a) of the Housing and Economic Recovery Act of 2008, as adjusted for household size. HPD shall adjust such figure for the number of persons in a household in accordance with such methodology as may be specified by HUD or in the guidelines. HPD may round such figure to the nearest 50 dollars or in accordance with such methodology as may be specified by HUD or in the guidelines. If HUD ceases to establish, or changes the standards or methodology for the establishment of, such income limit for MTSPs or ceases to establish the methodology for adjusting such figure for household size, the standards and methodology for establishment of the income index shall be specified in the guidelines.


Initial occupancy

“Initial occupancy” is:

  1. in rental affordable housing, the first date upon which a particular household occupies a particular affordable housing unit as a tenant, and shall not refer to any subsequent renewal lease of the same affordable housing unit to the same tenant household; or
  2. in homeownership affordable housing, the first date upon which a particular household occupies a particular affordable housing unit as a homeowner.

For any household occupying an affordable housing unit of preservation affordable housing on the restrictive declaration date, initial occupancy is the restrictive declaration date.


Mandatory Inclusionary Housing area

A “Mandatory Inclusionary Housing area” is a specified area in which the Mandatory Inclusionary Housing Program is applicable, pursuant to the regulations set forth for such areas in Section 27-10, inclusive. The locations of Mandatory Inclusionary Housing areas are identified in APPENDIX F of this Resolution or in Special Purpose Districts, as applicable.


MIH development

An “MIH development” is a development, enlargement or conversion that complies with the provisions of paragraphs (a)(3)(i) through (a)(3)(vi) or (a)(5) of Section 27-131 (Mandatory Inclusionary Housing), provides affordable housing as specified in an affordable housing regulatory agreement executed after December 5, 2024, or provides affordable housing or a contribution to the affordable housing fund as modified by special permit of the Board of Standards and Appeals pursuant to Section 73-623 (Reduction or modification of Mandatory Inclusionary Housing requirements). 


MIH site

An “MIH site” is a building containing affordable floor area that satisfies either the special floor area provisions for zoning lots in Mandatory Inclusionary Housing areas in paragraphs (a)(3)(i) through (a)(3)(vi) or (a)(5) of Section 27-131 (Mandatory Inclusionary Housing), provides affordable housing as specified in an affordable housing regulatory agreement executed after December 5, 2024, or provides affordable housing or a contribution to the affordable housing fund as modified by special permit of the Board of Standards and Appeals pursuant to Section 73-623 (Reduction or modification of Mandatory Inclusionary Housing requirements).

Any temporary or final certificate of occupancy issued after December 5, 2024, for an MIH site shall state that such building or portion thereof contains affordable housing, and shall state that such certificate of occupancy may be amended or superseded to reflect that the residential units in the building or portion thereof that are affordable housing units be used other than as affordable housing units only in accordance with the provisions of this Zoning Resolution.


MIH zoning lot

An “MIH zoning lot” is a zoning lot that contains an MIH development.


New construction affordable housing

“New construction affordable housing” is affordable housing that:

  1. is located in a building or portion thereof that did not exist on a date which is 60 months prior to the restrictive declaration date;
  2. is located in floor area for which the Department of Buildings first issued a temporary or permanent certificate of occupancy on or after the restrictive declaration date; and
  3. complies with such additional criteria as may be specified by HPD in the guidelines.


Permit notice

For UAP developments, a permit notice is a notice from HPD to the Department of Buildings stating that building permits may be issued for such UAP development. Such permit notice shall state the amount of affordable floor area provided on a UAP site.

For MIH developments, a permit notice is a notice from HPD to the Department of Buildings stating that building permits may be issued for any development, enlargement or conversion subject to the special floor area requirements of paragraph (a) of Section 27-131 (Mandatory Inclusionary Housing), provides affordable housing as specified in an affordable housing regulatory agreement executed after December 5, 2024, or provides affordable housing a contribution to the affordable housing fund as modified by special permit of the Board of Standards and Appeals pursuant to Section 73-623 (Reduction or modification of Mandatory Inclusionary Housing requirements).

Such permit notice shall state the amount of affordable floor area provided on an MIH site or the amount of floor area for which a contribution to the affordable housing fund has been made.


Preservation affordable housing

“Preservation affordable housing” is affordable housing that:

  1. is a UAP site that existed and was legally permitted to be occupied on the restrictive declaration date, except as permitted in the guidelines; and 
  2. complies with the provisions of paragraph (e) of Section 27-161 (Additional requirements for rental affordable housing) or paragraph (c) of Section 27-162 (Additional requirements for homeownership affordable housing), as applicable.


Public funding

“Public funding” is any grant, loan or subsidy from any Federal, State or local agency or instrumentality, including, but not limited to, the disposition of real property for less than market value, purchase money financing, construction financing, permanent financing, the utilization of bond proceeds and allocations of low income housing tax credits, except as may be otherwise provided in the guidelines. Public funding shall not include the receipt of rent subsidies pursuant to any rental assistance program administered by any Federal, State, or local agency or instrumentality or any as-of-right exemption or abatement of real property taxes, except as may be otherwise provided in the guidelines.


Qualifying household

A “qualifying household” is a household that satisfies: 

  1. the applicable income band requirements of paragraphs (a)(3)(i) through (a)(3)(iv) of Section 27-131 (Mandatory Inclusionary Housing);
  2. income requirements as specified in an affordable housing regulatory agreement executed after December 5, 2024; or
  3. the applicable income band requirements as provided by special permit of the Board of Standards and Appeals pursuant to Section 73-623 (Reduction or modification of Mandatory Inclusionary Housing requirements).


Regulatory period

With respect to any UAP site, the regulatory period is the entire period of time during which affordable floor area on such UAP site provides affordable housing for a UAP development, is the subject of a permit, temporary certificate of occupancy or permanent certificate of occupancy issued by the Department of Buildings, or is otherwise under construction or in use.

With respect to any MIH site, the regulatory period is the entire period of time during which affordable floor area on such MIH site satisfies the requirements of the special floor area provisions for zoning lots in Mandatory Inclusionary Housing areas in Section 27-131 (Mandatory Inclusionary Housing) for an MIH development or any modification of such provisions by special permit of the Board of Standards and Appeals pursuant to Section 73-623 (Reduction or modification of Mandatory Inclusionary Housing requirements), is the subject of a permit, temporary certificate of occupancy or permanent certificate of occupancy issued by the Department of Buildings, or is otherwise under construction or in use.


Restrictive declaration

A “restrictive declaration” is a restrictive declaration approved by HPD, or is any other document as provided in the guidelines, that requires compliance with all applicable provisions of an affordable housing application, Section 27-00, inclusive, other applicable provisions of this Resolution, and the guidelines


Restrictive declaration date

The “restrictive declaration date” is, with respect to any affordable housing, the date of execution of the applicable restrictive declaration. If a restrictive declaration is amended at any time, the restrictive declaration date is the original date of execution of such restrictive declaration, without regard to the date of any amendment.


Super’s unit

A “super’s unit” is, in any MIH site or UAP site, not more than one dwelling unit or rooming unit that is reserved for occupancy by the superintendent of such building.


UAP development

A “UAP development” (“Universal Affordability Preference development”) is a development or enlargement outside of a Mandatory Inclusionary Housing area that provides affordable housing or a supportive housing project that satisfies the requirements of this Chapter.

The residential floor area ratio in a UAP development may exceed that for standard residences set forth in Section 23-22 (Floor Area Regulations for R6 Through R12 Districts) only by the amount of affordable housing provided, either on the UAP zoning lot or, for UAP developments within a UAP Offsite Option Area, on a UAP site pursuant to paragraph (a) of Section 27-16 (Requirements for MIH Sites or UAP Sites). 

However, UAP developments within a UAP Offsite Option Area may exceed the floor area ratios for standard residences set forth in Section 23-22 by utilizing affordable housing provided on a generating site, as such term was defined prior to December 5, 2024, at the rate set forth in Section 23-154, as such Section existed prior to December 5, 2024, provided that such generating site has vested pursuant to the provisions of Section 27-132.


UAP Offsite Option Area

A “UAP offsite option area” (“Universal Affordability Preference offsite option area”) is a former Inclusionary Housing Designated Area or R10 District outside of a former Inclusionary Housing Designated Area within which the limited UAP offsite option is applicable, pursuant to the regulations set forth for such areas in Section 27-00, inclusive. The locations of former Inclusionary Housing Designated Areas are identified in APPENDIX F of this Resolution.


UAP site

A “UAP site” (“Universal Affordability Preference site”) is a building that contains affordable housing or a supportive housing project for a UAP development 

Any temporary or final certificate of occupancy issued after December 5, 2024, for a UAP site shall state that such building or portion thereof contains affordable housing, and shall state that such certificate of occupancy may be amended or superseded to reflect that the residential units in the building or portion thereof that are affordable housing units be used other than as affordable housing units only in accordance with the provisions of this Zoning Resolution.


UAP zoning lot

A “UAP zoning lot” (“Universal Affordability Preference zoning lot”) is a zoning lot that contains a UAP development and utilizes the floor area regulations of Section 23-22 (Floor Area Regulations for R6 Through R12 Districts) or the height and setback regulations of Section 23-432 (Height and setback requirements) applicable to qualifying affordable housing.

27-112 Definitions applying to rental affordable housing

The following definitions shall apply to rental affordable housing:


Legal regulated rent

A “legal regulated rent” is, with respect to any affordable housing unit, the initial monthly rent registered with the Division of Housing and Community Renewal at rent-up in accordance with paragraph (b) of Section 27-161 (Additional requirements for rental affordable housing).


Maximum monthly rent

The “maximum monthly rent” for an affordable housing unit is a rent that is affordable to an occupant in the income band applicable to such affordable housing unit, as set forth in the guidelines or restrictive declaration.


Monthly rent 

The “monthly rent” is the monthly amount charged, pursuant to paragraph (b) of Section 27-161 (Additional requirements for rental affordable housing), to a tenant in an affordable housing unit.


Rent stabilization

“Rent stabilization” is the Rent Stabilization Law of 1969 and the Emergency Tenant Protection Act of 1974 and all regulations promulgated pursuant thereto or in connection therewith. If the Rent Stabilization Law of 1969 or the Emergency Tenant Protection Act of 1974 is repealed, invalidated or allowed to expire, rent stabilization shall be defined as set forth in the guidelines.


Rent-up

“Rent-up” is the first rental of vacant affordable housing units on or after the restrictive declaration date, except that, where one or more affordable housing units in preservation affordable housing were occupied by grandfathered tenants on the restrictive declaration date, rent-up shall have the same meaning as restrictive declaration date.


Rent-up date

The “rent-up date” is the date upon which leases for a percentage of vacant affordable housing units set forth in the guidelines have been executed, except that, where one or more affordable housing units in preservation affordable housing were occupied by grandfathered tenants on the restrictive declaration date, the rent-up date is the restrictive declaration date.


Supportive housing project

A supportive housing project is a building or a portion thereof that is a non-profit institution with sleeping accommodations, as specified in Section 22-13 (Use Group III – Community Facilities), inclusive, restricted to use as affordable housing for persons with special needs pursuant to a regulatory agreement with a Federal, State, or local agency or instrumentality.


Supportive housing unit

A “supportive housing unit” is floor area in a supportive housing project that consists of sleeping quarters for persons with special needs and any private living space appurtenant thereto.

27-113 Definitions applying to homeownership affordable housing

Eligible buyer

An “eligible buyer” is a household that qualifies to buy a specific homeownership affordable housing unit. Such a household shall, except as otherwise provided in the guidelines:

(a)    be, at the time of application for an initial sale or resale of an affordable housing unit, a household that satisfies the income band applicable to such unit; and

(b)    meet such additional eligibility requirements as may be specified in the guidelines.


Homeowner

A “homeowner” is a person or persons who:

(a)    owns a condominium homeownership affordable housing unit and occupies such condominium homeownership affordable housing unit in accordance with owner occupancy requirements set forth in the guidelines; or

(b)    owns shares in a cooperative corporation, holds a proprietary lease for a homeownership affordable housing unit owned by such cooperative corporation and occupies such homeownership affordable housing unit in accordance with owner occupancy requirements set forth in the guidelines.


Homeownership

“Homeownership” is a form of tenure for housing, including dwelling units occupied by either the owner as a separate condominium, a shareholder in a cooperative corporation pursuant to the terms of a proprietary lease, a grandfathered tenant or an authorized subletter pursuant to the guidelines.

27-131 Mandatory Inclusionary Housing

Special floor area provisions for zoning lots in Mandatory Inclusionary Housing areas

  1. For zoning lots in Mandatory Inclusionary Housing areas, the following provisions shall apply:
    1. Affordable housing requirement

      Except where permitted by special permit of the Board of Standards and Appeals pursuant to Section 73-623 (Reduction or modification of Mandatory Inclusionary Housing requirements), or as provided in paragraph (a)(4) of this Section, no residential development, enlargement or conversion from non-residential to residential use shall be permitted unless affordable housing, as defined in Section 27-111 (General definitions) is provided or a contribution is made to the affordable housing fund, as defined in Section 27-111, pursuant to the provisions set forth in paragraphs (a)(3)(i) through (a)(3)(v) and paragraph (a)(5) of this Section, inclusive.
    2. Maximum floor area ratio

      For any development, enlargement or conversion from non-residential to residential use that is subject to the provisions of paragraph (a)(4) of this Section, the maximum floor area ratio for the applicable district outside of Mandatory Inclusionary Housing areas shall apply.
    3. Options for compliance with affordable housing requirement

      Options for compliance with the affordable housing requirement of paragraph (a)(1) of this Section are set forth in the following paragraphs (a)(3)(i) through (a)(3)(v). These options shall be applicable within Mandatory Inclusionary Housing areas as indicated in APPENDIX F of this Resolution. Option 4 shall only be made applicable in combination with Option 1, Option 2, or Option 3. Regardless of whether every option specified in this paragraph (a)(3), inclusive, is included in a land use application for applicability to a proposed Mandatory Inclusionary Housing area or as a term or condition of a special permit pursuant to this Resolution, all affordability options available under the provisions of this paragraph (a)(3), inclusive, shall be part of the subject matter of each such application throughout the land use review process. Option 4 shall not be applicable within the Manhattan Core. A development, enlargement or conversion from non-residential to residential use shall comply with either Option 1, Option 2, Option 3, Option 4, or the Affordable Housing Fund Option, as applicable, or shall be subject to an affordable housing regulatory agreement.

      When a building containing residences is enlarged, the following shall be considered part of the enlargement for the purposes of this paragraph (a)(3), inclusive: residential floor area that is reconstructed, or residential floor area that is located within a dwelling unit where the layout has been changed.
      1. Option 1

        For MIH developments utilizing Option 1, an amount of affordable floor area for qualifying households shall be provided that is equal to at least 25 percent of the residential floor area within such MIH development. The weighted average of all income bands for affordable housing units shall not exceed 60 percent of the income index, and there shall be no more than three income bands. At least 10 percent of the residential floor area within such MIH development shall be affordable within an income band at 40 percent of the income index, and no income band shall exceed 130 percent of the income index.
      2. Option 2

        For MIH developments utilizing Option 2, an amount of affordable floor area for qualifying households shall be provided that is equal to at least 30 percent of the residential floor area within such MIH development. The weighted average of all income bands for affordable housing units shall not exceed 80 percent of the income index, and there shall be no more than three income bands. No income band shall exceed 130 percent of the income index.
      3. Option 3

        For MIH developments utilizing Option 3, an amount of affordable floor area for qualifying households shall be provided that is equal to at least 20 percent of the residential floor area within such MIH development. The weighted average of all income bands for affordable housing units shall not exceed 40 percent of the income index, and there shall be no more than three income bands. No income band shall exceed 130 percent of the income index. No public funding shall be utilized for such MIH development except where HPD determines that such public funding is necessary to support a significant amount of affordable housing that is in addition to the affordable floor area satisfying the requirements of this Section.
      4. Option 4

        For MIH developments utilizing Option 4, an amount of affordable floor area for qualifying households shall be provided that is equal to at least 30 percent of the residential floor area within such MIH development. The weighted average of all income bands for affordable housing units shall not exceed 115 percent of the income index, and there shall be no more than four income bands. No income band shall exceed 135 percent of the income index. At least five percent of the residential floor area within such MIH development shall be affordable within an income band at 70 percent of the income index and, in addition, at least five percent of the residential floor area within such MIH development shall be affordable within an income band at 90 percent of the income index. Such MIH development may not utilize public funding.

        Option 4 shall expire within a Mandatory Inclusionary Housing area 10 years after the effective date of the amendment establishing or renewing such option in a Mandatory Inclusionary Housing area, as indicated in APPENDIX F of this Resolution. However, Option 4 shall apply to an MIH development that has filed an affordable housing application for such option prior to expiration of such option, provided that the MIH development complies with all provisions of Section 11-33 (Building Permits for Minor or Major Development or Other Construction Issued Before Effective Date of Amendment), inclusive. For the purposes of applying the provisions of Section 11-33, the effective date of applicable amendment shall be six months after the date of the expiration of the Option 4 in such Mandatory Inclusionary Housing area.

        Option 4 shall not be permitted to be utilized for any development, enlargement, or conversion from non-residential to residential use within the Manhattan Core.
      5. Affordable Housing Fund option

        A development, enlargement, or conversion from non-residential to residential use that increases the number of dwelling units by no more than 25, and increases residential floor area on the zoning lot by less than 25,000 square feet, may satisfy the requirements of this Section by making a contribution to the affordable housing fund. The amount of such contribution shall approximate, using the best available data, the cost of providing the affordable floor area in the same Community District as the MIH development. A schedule setting forth the contribution amount for each affected Community District shall be established by HPD and shall be updated on an annual basis, as set forth in the guidelines.
      6. Affordable Housing Regulatory Agreement option

        A development, enlargement, or conversion from non-residential to residential use that is restricted pursuant to an affordable housing regulatory agreement may satisfy the requirements of this this Section.
    4. Exceptions

      The requirements of this Section shall not apply to:
      1. a single development, enlargement, or conversion from non-residential to residential use of not more than 10 dwelling units and not more than 12,500 square feet of residential floor area on a zoning lot that existed on the date of establishment of the applicable Mandatory Inclusionary Housing area;
      2. a development, enlargement, or conversion from non-residential to residential use containing no residences other than affordable independent residences for seniors; or
      3. a development, enlargement, or conversion from non-residential to residential use that is granted a full waiver of the requirements set forth in paragraph (a)(3), inclusive, of this Section by special permit of the Board of Standards and Appeals pursuant to Section 73-623 (Reduction or modification of Mandatory Inclusionary Housing requirements).
    5. Additional requirements where affordable housing is provided off-site

      ​​​​​​​When affordable floor area is provided on an MIH site that is not an MIH zoning lot pursuant to paragraph (a) of Section 27-16 (Requirements for MIH Sites or UAP Sites), the amount of affordable floor area required pursuant to paragraphs (a)(3)(i) through (a)(3)(iv) of this Section shall be increased by an amount equal to five percent of the residential floor area within such MIH development, multiplied by the percentage of the affordable floor area that is provided on an MIH site that is not an MIH zoning lot. Such additional affordable floor area shall be provided for qualifying households at income levels that comply with the average income bands specified in paragraphs (a)(3)(i) through (a)(3)(iv) of this Section, as applicable to the MIH development.
27-132 Affordable housing plans approved prior to December 5, 2024

All terms in this Section shall be as defined by Section 23-911 prior to December 5, 2024.

Any generating site that, as of December 5, 2024, is subject to a regulatory agreement, shall continue to be subject to the Inclusionary Housing Program as set forth in Sections 23-154 and 23-90, as such Sections existed prior to December 5, 2024. 

Any generating site for which (i) on or before December 5, 2024, an application for new construction affordable housing has been filed with the Department of Buildings, (ii) on or before December 5, 2025, the Department of Buildings has approved an application for a foundation, a new building or an alteration based on a complete zoning analysis showing zoning compliance for such new construction affordable housing with the applicable rules existing prior to December 5, 2024, and (iii) on or before December 5, 2026, a regulatory agreement has been executed and recorded against such generating site, shall continue to be subject to the Inclusionary Housing Program as set forth in Sections 23-154 and 23-90, as such Sections existed prior to December 5, 2024.

Any generating site for which (i) on or before December 5, 2024, an application for preservation affordable housing has been filed with HPD, and (ii) on or before December 5, 2025, a regulatory agreement for preservation affordable housing has been executed and recorded against such generating site, shall continue to be subject to the Inclusionary Housing Program as set forth in Sections 23-154 and 23-90, as such Sections existed prior to December 5, 2024.

Properties being developed pursuant to a special permit for a large-scale general development or a large-scale residential development pursuant to Article VII, Chapter 4 that has been certified by the City Planning Commission on or before December 5, 2024, and generating sites that generate floor area compensation for a large-scale general development meeting the criteria of this paragraph, may continue to be subject to the provisions of the Inclusionary Housing Program in effect prior to December 5, 2024.

Parcels declared, prior to December 5, 2024, as properties to be developed as a single parcel pursuant to Section 62-362 prior to December 5, 2024 may continue to be subject to the provisions of the Inclusionary Housing Program set forth in Sections 62-352 and 62-354 in effect prior to December 5, 2024.

27-133 Mandatory Inclusionary Housing areas

The Mandatory Inclusionary Housing Program shall apply in Mandatory Inclusionary Housing areas.

The Mandatory Inclusionary Housing Program shall also apply in special purpose districts when specific zoning districts or areas are defined as Mandatory Inclusionary Housing areas within the special purpose district.

Additionally, the Mandatory Inclusionary Housing Program shall apply as a condition of City Planning Commission approval of special permits as set forth in Section 74-06 (Additional Considerations for Special Permit Use and Bulk Modifications), in special purpose districts as set forth in Section 27-134 (Special permit approval in special purpose districts) and in waterfront areas as set forth in Section 62-831 (General provisions).

Mandatory Inclusionary Housing areas, with the applicable income mix options for each Mandatory Inclusionary Housing area, are listed in APPENDIX F of this Resolution.

27-134 Special permit approval in special purpose districts

Where a special purpose district includes a provision to grant modification of use or bulk by special permit of the City Planning Commission, and an application for such special permit would allow a significant increase in permitted residential floor area where the special floor area requirements in Mandatory Inclusionary Housing areas are not otherwise applicable, the Commission, in establishing the appropriate terms and conditions for the granting of such special permit, may apply such requirements where consistent with the objectives of the Mandatory Inclusionary Housing program as set forth in Section 27-12 (General Provisions). However, where the Commission finds that such special permit application would facilitate significant public infrastructure or public facilities addressing needs that are not created by the proposed development, enlargement or conversion, or where the area affected by the special permit is eligible to receive transferred development rights pursuant to the Hudson River Park Act, as amended, the Commission may modify the requirements of Section 27-131 (Mandatory Inclusionary Housing).

27-151 Additional requirements for MIH developments and UAP developments
  1. MIH development or UAP development building permits#
    1. HPD may issue a permit notice to the Department of Buildings at any time on or after the restrictive declaration date. The Department of Buildings may thereafter issue building permits to an MIH development or a UAP development based on the affordable housing or, in the case of an MIH development, contribution to the affordable housing fund described in such permit notice#.
    2. If HPD does not receive confirmation that the restrictive declaration has been recorded within 45 days after the later of the restrictive declaration date or the date upon which HPD authorizes the recording of the restrictive declaration, HPD shall suspend or revoke such permit notice, notify the Department of Buildings of such suspension or revocation and not reinstate such permit notice or issue any new permit notice until HPD receives confirmation that the restrictive declaration has been recorded or any applicable alternate procedure has been completed. Upon receipt of notice from HPD that a permit notice has been suspended or revoked, the Department of Buildings shall suspend or revoke each building permit issued pursuant to such permit notice which is then in effect for any MIH development or UAP development.
  2. MIH development or UAP development certificates of occupancy
    1. The Department of Buildings shall not issue a permanent certificate of occupancy for any MIH development or UAP development until HPD has issued a completion notice with respect to the affordable housing that satisfies the requirements of this Chapter. However, where any story of an MIH development or UAP development contains one or more affordable housing units, the Department of Buildings may issue a temporary certificate of occupancy for such story if such temporary certificate of occupancy either includes each affordable housing unit located in such story or only includes dwelling units or rooming units that are affordable housing units. Nothing in the preceding sentence shall be deemed to prohibit the granting of a temporary certificate of occupancy for the standard residential floor area in a UAP development or the granting of a temporary or permanent certificate of occupancy for a super’s unit.
    2. HPD shall not issue a completion notice with respect to any portion of any MIH site or UAP site unless:
      1. the Department of Buildings has issued temporary certificates of occupancy for all affordable housing described in such completion notice and such certificates of occupancy have not expired, been suspended or been revoked; or
      2. where a UAP site contains affordable housing that had a valid certificate of occupancy on the restrictive declaration date and no new temporary or permanent certificate of occupancy is thereafter required for the creation of such affordable housing, HPD has determined that all renovation and repair work required by the applicable restrictive declaration has been completed and all obligations with respect to the creation of such affordable housing have been fulfilled in accordance with the applicable restrictive declaration.
  3. UAP developments and MIH developments that are restricted pursuant to an   affordable housing regulatory agreement shall not be required to comply with this Section.
27-161 Additional requirements for rental affordable housing

The additional requirements of this Section shall apply to rental affordable housing for the entire regulatory period, except that rental affordable housing restricted pursuant to an affordable housing regulatory agreement shall not be required to comply with this Section.

  1. Tenant selection
    1. Upon rent-up and any subsequent vacancy for the entire regulatory period, affordable housing units shall only be leased to and occupied by households that satisfy the income bands applicable to such unit.
    2. A tenant may, with the prior approval of HPD, sublet an affordable housing unit for not more than a total of two years, including the term of the proposed sublease, out of the four-year period preceding the termination date of the proposed sublease. The aggregate payments made by any sublessee in any calendar month shall not exceed the monthly rent that could be charged to the sublessor in accordance with the restrictive declaration.
    3. A household may rent an affordable housing unit that is restricted to occupancy by households of higher income bands, provided that the household is able to utilize rent subsidies pursuant to a rental assistance program administered by any Federal, State, or local agency or instrumentality to afford the applicable monthly rent.
    4. Affordable housing units shall be marketed and leased in accordance with the guidelines.
  2. Monthly rent
    1. Unless alternative provisions are established in the restrictive declaration or guidelines, the restrictive declaration shall provide that each affordable housing unit shall be registered with the Division of Housing and Community Renewal at the initial monthly rent established by HPD and shall thereafter remain subject to rent stabilization for the entire regulatory period and thereafter until vacancy.

      However, any affordable housing unit of preservation affordable housing that is both occupied by a grandfathered tenant and subject to the Emergency Housing Rent Control Law on the restrictive declaration date shall remain subject to the Emergency Housing Rent Control Law until the first vacancy following the restrictive declaration date and shall thereafter be subject to rent stabilization as provided herein.

      The restrictive declaration shall provide that upon each annual registration of an affordable housing unit with the Division of Housing and Community Renewal, the legal regulated rent for such affordable housing unit shall be registered with the Division of Housing and Community Renewal at an amount not exceeding the maximum monthly rent. However, the restrictive declaration shall provide that this requirement shall not apply to an affordable housing unit occupied by a grandfathered tenant until the first vacancy after the restrictive declaration date.
    2. Unless alternative provisions are established in the restrictive declaration or guidelines, the restrictive declaration shall provide that the monthly rent charged to the tenant of any affordable housing unit at initial occupancy and in each subsequent renewal lease shall not exceed the lesser of the maximum monthly rent or the legal regulated rent. However, the restrictive declaration shall provide that these requirements shall not apply to an affordable housing unit occupied by a grandfathered tenant, until the first vacancy after the restrictive declaration date.

      However, HPD may adopt guidelines to permit the monthly rent to exceed the maximum monthly rent, provided that the monthly rent, less rent subsidies pursuant to a rental assistance program administered by any Federal, State, or local agency or instrumentality, does not exceed the lesser of the maximum monthly rent or the legal regulated rent.
    3. Each year after rent-up, in the month specified in the restrictive declaration or the guidelines, the owner of the affordable housing units shall submit an affidavit to HPD attesting that each lease or sublease of an affordable housing unit or renewal thereof during the preceding year complied with the applicable monthly rent requirements at the time of execution of the lease or sublease or renewal thereof.
    4. For any affordable housing unit subject to rent stabilization, the applicable restrictive declaration shall provide that the lessor of an affordable housing unit shall not utilize any exemption or exclusion from any requirement of rent stabilization to which such lessor might otherwise be or become entitled with respect to such affordable housing unit, including, but not limited to, any exemption or exclusion from the rent limits, renewal lease requirements, registration requirements, or other provisions of rent stabilization, due to:
      1. the vacancy of a unit where the legal regulated rent exceeds a prescribed maximum amount;
      2. the fact that tenant income or the legal regulated rent exceeds prescribed maximum amounts;
      3. the nature of the tenant; or
      4. any other reason.
    5. Unless alternative provisions are established in the restrictive declaration or guidelines, the restrictive declaration and each lease of an affordable housing unit shall contractually require the lessor of each affordable housing unit to grant all tenants the same rights that they would be entitled to under rent stabilization without regard to whether such affordable housing unit is statutorily subject to rent stabilization. If any court declares that rent stabilization is statutorily inapplicable to an affordable housing unit, such contractual rights shall thereafter continue in effect for the remainder of the regulatory period.
    6. Unless alternative provisions are established in the restrictive declaration or guidelines, the restrictive declaration shall provide that each affordable housing unit that is occupied by a tenant at the end of the regulatory period shall thereafter remain subject to rent stabilization for not less than the period of time that such tenant continues to occupy such affordable housing unit, except that any occupied affordable housing unit that is subject to the Emergency Housing Rent Control Law at the end of the regulatory period shall remain subject to the Emergency Housing Rent Control Law until the first vacancy.
  3. Income
    1. Each affordable housing unit shall be leased to and occupied by households of the applicable income band for the entire regulatory period, except as may be otherwise set forth in the guidelines with respect to internal transfers.
    2. The owner of the affordable housing units shall verify the household income of the proposed tenant prior to leasing any vacant affordable housing unit in order to ensure that it is a household that qualifies at the income band applicable to such unit, except as may be otherwise set forth in the guidelines with respect to internal transfers.
    3. Each year after rent-up, in the month specified in the restrictive declaration or the guidelines, the owner of the affordable housing units shall submit an affidavit to HPD attesting that each household that commenced occupancy of a vacant affordable housing unit during the preceding year, and each household that subleased an affordable housing unit during the preceding year, complied with the applicable income eligibility requirements at the time of initial occupancy.
  4. #Affordable housing application
    1. An affordable housing application shall include the building plans, state the number, bedroom mix and income band applicable to the affordable housing units to be developed, converted, or preserved, and include such additional information as HPD# deems necessary to ensure the satisfaction of the requirements of Section 27-10, inclusive.
    2. A copy of any affordable housing application shall be delivered, concurrently with its submission to HPD, to the affected Community Board.
  5. Special requirements for rental preservation affordable housing

    The additional requirements of this paragraph, (e), shall apply to rental preservation affordable housing:
    1. all of the dwelling units, rooming units and supportive housing units in the UAP site, other than any super’s unit, shall be affordable housing units that are leased to and occupied by households within the applicable income band for the entire regulatory period;
    2. on the restrictive declaration date, the average of the legal regulated rents for all affordable housing units in the UAP site that are occupied by grandfathered tenants shall not exceed 30 percent of 60 percent of the income index divided by 12;
    3. on the restrictive declaration date, HPD shall have determined that the condition of the UAP site is sufficient, or will be sufficient after required improvements specified in the affordable housing application and the restrictive declaration, to ensure that, with normal maintenance and normal scheduled replacement of capital elements, the affordable housing units will provide a decent, safe and sanitary living environment for the entire regulatory period;
    4. on the restrictive declaration date, HPD shall have determined either that no capital element is likely to require replacement within 30 years from the restrictive declaration date or that, with regard to any capital element that is likely to require replacement within 30 years from the restrictive declaration date, a sufficient reserve has been established to fully fund the replacement of such capital element;
    5. except with the prior approval of HPD, monthly rents charged for affordable housing units shall not be increased to reflect the costs of any repair, renovation, rehabilitation or improvement performed in connection with qualification as a UAP site, even though such increases may be permitted by other laws;
    6. proceeds from sales of offsite affordable floor area must be approved by HPD as set forth in the guidelines or restrictive declaration; and
    7. such affordable housing shall comply with such additional criteria as may be specified by HPD in the guidelines.
27-162 Additional requirements for homeownership affordable housing

The additional requirements of this Section shall apply to homeownership affordable housing for the entire regulatory period, except that homeownership affordable housing restricted pursuant to an affordable housing regulatory agreement shall not be required to comply with this Section.

  1. #Affordable housing application
    1. An affordable housing application# shall:
      1. include the building plans;
      2. state the number and bedroom mix of the homeownership affordable housing units to be developed, converted, or preserved and the income band applicable to each homeownership affordable housing unit; and
      3. include such additional information as HPD deems necessary to ensure the satisfaction of the requirements of Section 27-10, inclusive.
    2. A copy of any affordable housing application shall be delivered, concurrently with its submission to HPD, to the affected Community Board.
  2. Homeownership affordable housing units shall only be occupied by eligible buyers, and HPD shall establish the initial and resale prices based on the incomes of households in accordance with the guidelines. Homeownership affordable housing on an MIH site or UAP site shall comply with the additional requirements set forth in the guidelines for the entire regulatory period.
  3. Special requirements for homeownership preservation affordable housing

    The additional requirements in this paragraph (g) shall apply to homeownership preservation affordable housing:
    1. on the restrictive declaration date, the UAP site shall be an existing building containing residences;
    2. on the restrictive declaration date, the average of the legal regulated rents, as such term is defined in Section 27-112 (Definitions applying to rental affordable housing), for all homeownership affordable housing units in the UAP site that are occupied by grandfathered tenants shall not exceed 30 percent of 60 percent of the income index divided by 12;
    3. where grandfathered tenants continue in residence subsequent to the restrictive declaration date, any affordable housing unit that is occupied by a grandfathered tenant shall be operated subject to the restrictions of Section 27-161 (Additional requirements for rental affordable housing) until such affordable housing unit is purchased and occupied by an eligible buyer;
    4. on the restrictive declaration date, HPD shall have determined that the condition of the UAP site is sufficient, or will be sufficient after required improvements specified in the affordable housing application and the restrictive declaration , to ensure that, with normal maintenance and normal scheduled replacement of capital elements, the affordable housing units will provide a decent, safe and sanitary living environment for the entire regulatory period;
    5. on the restrictive declaration date, HPD shall have determined either that no capital element is likely to require replacement within 30 years from the restrictive declaration date or that, with regard to any capital element that is likely to require replacement within 30 years from the restrictive declaration date, a sufficient reserve has been established to fully fund the replacement of such capital element;
    6. proceeds from sales of offsite affordable floor area must be approved by HPD as set forth in the guidelines or #restrictive declaration; and
    7. such affordable housing shall comply with such additional criteria as may be specified by HPD in the guidelines.