New York City City Zoning Code

The Commercial 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 in proximity to residential areas, for local retail development catering to the regular shopping needs of the occupants of nearby residences, with due allowance for the need for a choice of sites;

(b)        to provide appropriate space and, in particular, sufficient depth from a street, to satisfy the needs of modern local retail development, including the need for off-street parking spaces in areas to which a large proportion of shoppers come by automobile, and to encourage the natural tendency of local retail development to concentrate in continuous retail frontage, to the mutual advantage of both consumers and merchants;

(c)        to protect both local retail development and nearby residences against fire, explosions, toxic and noxious matter, radiation and other hazards, and against offensive noise, vibration, smoke, dust and other particulate matter, odorous matter, heat, humidity, glare and other objectionable influences;

(d)        to protect both local retail development and nearby residences against congestion, particularly in areas where the established pattern is predominantly residential but includes local retail uses on the lower floors, by regulating the intensity of local retail development, by restricting those types of establishments which generate heavy traffic, and by providing for off-street parking and loading facilities;

(e)        to provide sufficient and appropriate space and, in particular, sufficient depth from the street, to meet the needs of the city's expected future economy for modern commercial floor space in central, major or secondary commercial centers, including the need for off-street parking space in areas where a large proportion of customers come by automobile, with due allowance for the need for a choice of sites, and to encourage the natural tendency of commercial development to concentrate in continuous retail frontage, to the mutual advantage of both consumers and merchants;

(f)        to protect commercial development in central, major or secondary commercial centers, as far as is possible and appropriate in each area, against fire, explosions, toxic and noxious matter, radiation, and other hazards, and against offensive noise, vibration, smoke, dust and other particulate matter, odorous matter, heat, humidity, glare and other objectionable influences;

(g)        to protect commercial development in central, major or secondary commercial centers against congestion, as far as possible, by limiting the bulk of buildings in relation to the land around them and to one another, by restricting those types of establishments which generate heavy traffic, and by providing for off-street parking and loading facilities;

(h)        to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, with due allowance for the need for a choice of sites;

(i)        to provide freedom of architectural design, in order to encourage the development of more attractive and economic building forms, within proper standards;

(j)        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; and

(k)        to promote the most desirable use of land and direction of building development in accord with a well-considered plan, to promote stability of commercial development, to strengthen the economic base of the City, 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.

The regulations regarding C5P, C5-2.5, C5-3.5, C6-4.5, C6-6.5 and C6-7.5 Districts and any other underlying districts within the Special Midtown District are set forth in Article VIII, Chapter 1 (Special Midtown District).

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 purpose 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, VIII, IX and X, are permitted in Commercial Districts subject to the provisions of the following Sections:

1. Sections 32-11 (Use Group I – Agriculture and Open Uses) through 32-20 (Use Group X – Production Uses), inclusive, establish general use allowances in Use Groups I through X, including each use listed separately therein, by Commercial District, and additional provisions for certain uses where applicable.
2. Section 32-30 (STREETSCAPE REGULATIONS), inclusive, sets forth streetscape regulations on designated street frontages.
3. Section 32-40 (SUPPLEMENTARY USE REGULATIONS), inclusive, sets forth supplementary use regulations and special provisions applying along district boundaries, including:
   1. enclosure within buildings, as set forth in Section 32-41, inclusive;
   2. location within buildings, as set forth in Section 32-42, inclusive; and
   3. limitations on business entrances, show windows or signs, as set forth in Section 32-43, inclusive.
4. Section 32-60 (SIGN REGULATIONS), inclusive, 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.

The provisions of Sections 32-11 (Use Group I – Agriculture and Open Uses) through 32-20 (Use Group X – Production Uses), inclusive, 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, followed by Use Group tables showing use allowances by zoning district. For each use and zoning district, the tables contain up to two levels of symbology in a particular cell:

1. The top level will always contain a symbol and denotes where uses are: 
   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;
   2. additional conditions (“P”), including environmental standards or other measures other than size restrictions or open use regulations; or
   3. open use allowances (“U”), including exemptions from enclosure rules and additional open use regulations. Such allowances may be supplemented or superseded by the provisions of Section 32-40 (SUPPLEMENTARY USE REGULATIONS), inclusive.

Such notations are illustrated in the following diagram:

Where a use is permitted and no second level symbology is included, the use is permitted without size restrictions, additional conditions or open use allowances. However, all uses, where applicable, are subject to the provisions of Section 32-40, inclusive.

Use Group tables, except in Section 32-12 (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 commercial uses to determine required accessory off-street parking spaces as set forth in the table in Section 36-21 (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, additional conditions, or permission for unenclosed uses. 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:

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Use Group X consists of uses engaged in the mechanical, physical, or chemical transformation of materials into new goods. The provisions regulating uses classified in this Use Group are set forth as follows:

1. Section 32-201 (Use Group X – general use allowances) which includes the compilation of uses in the Use Group table;
2. Section 32-202 (Use Group X – uses subject to size limitations) for size restrictions that apply to certain uses, as denoted with an “S” in the Use Group table; 
3. Section 32-203 (Use Group X – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group table; and
4. Section 32-204 (Use Group X – 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.

The provisions of Sections 32-202 and 32-203, except as otherwise specified in such Sections, may be modified by special permit of the Board of Standards and Appeals, in accordance with Section 73-211 (Production uses), or by special permit of the City Planning Commission, in accordance with Section 74-211 (Production uses).

The provisions of Section 32-30, inclusive, set forth streetscape regulations on designated street frontages. Such provisions shall apply as follows:

1. The provisions of Sections 32-31, 32-32 and 32-33, inclusive, apply to developments or ground floor level enlargements of buildings along Tier A, Tier B and Tier C street frontages, respectively.
2. The provisions of Section 32-34 apply to changes of use to existing buildings along Tier A, Tier B and Tier C street frontages.
3. The provisions of Section 32-35 set forth special streetscape rules for certain areas.

For zoning lots with multiple street frontages, each frontage shall be considered separately as a Tier A, Tier B or Tier C frontage, as applicable.

Special Purpose Districts or other provisions of this Resolution may modify or supplement the provisions of this Section, inclusive.

The Board of Standards and Appeals may permit modifications to the provisions of this Section, inclusive, pursuant to Section 73-32.

For ground floor levels of buildings that are designated as a landmark or considered a contributing building in an Historic District designated by the Landmarks Preservation Commission the Chairperson of the City Planning Commission shall modify the provisions of this Section, by certification, to the extent necessary to facilitate the ground floor level design of a building that has received a Certificate of Appropriateness from the Landmarks Preservation Commission.

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In all districts, as indicated, the rear yard requirements set forth in Section 33-26 (Minimum Required Rear Yards) shall be modified as set forth in this Section.

All buildings in Commercial Districts shall comply with the height and setback regulations set forth in this Section, inclusive. However, the height and setback regulations of this Section, inclusive, shall not apply in Commercial Districts mapped within, or with a residential equivalent of an R6 through R12 District 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 33-03 (Applicability of Article II, Chapter 3 Regulations). 

Basic Regulations

Except as otherwise provided in this Chapter, the portions of a building used for residential use are subject to the bulk regulations set forth in Article II, Chapter 3, and the portions of a building used for commercial or community facility use are subject to the bulk regulations set forth in Article III, Chapter 3.

Special provisions applying to mixed buildings or zoning lots with multiple buildings subject to the provisions of this Chapter are set forth in Sections 35-20 (APPLICABILITY OF RESIDENCE DISTRICT BULK REGULATIONS), inclusive, 35-30 (APPLICABILITY OF FLOOR AREA AND OPEN SPACE REGULATIONS), inclusive, 35-40 (APPLICABILITY OF DENSITY REGULATIONS), inclusive, 35-50 (MODIFICATION OF YARD REGULATIONS) and 35-60 (MODIFICATION OF HEIGHT AND SETBACK REGULATIONS),inclusive.

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In the districts indicated, the maximum number of dwelling units on a zoning lot shall be as set forth in Section 23-50 (DENSITY REGULATIONS). The maximum residential floor area permitted for the zoning lot shall be determined in accordance with the provisions set forth in Section 35-30 (APPLICABILITY OF FLOOR AREA AND OPEN SPACE REGULATIONS).

In mixed buildings with differing yard or rear yard equivalent requirements for different uses, the applicable residential yard and rear yard equivalent regulations shall apply at the lowest story containing dwelling units with windows facing onto such residential yard or rear yard equivalent, as applicable.

Height and setback regulations are set forth in Section 35-62 for Commercial Districts mapped within, or with a residential equivalent of, an R1 through R5 District and Section 35-63 inclusive, for Commercial Districts mapped within or with a R6 through R12 District. Special regulations governing certain areas are set forth in Section 35-64, inclusive. Permitted obstructions to maximum heights are set forth in Section 35-61.

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 commercial areas within the City, and thus to promote and protect public health, safety and general welfare.

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In all districts, as indicated, the provisions of this Section, inclusive, relating 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 sq. ft. in area.

In addition, the provisions of Section 36-75 (Floor Area Exemption) shall apply to all buildings as set forth therein.

Bicycle parking spaces shall be provided in accordance with the requirements set forth in this Section, inclusive, as a condition precedent to the use of such development, enlargement, conversion, group parking facility or open parking area.

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.

Special urban design regulations are set forth in this Chapter to improve the quality of the streetscape and to promote a lively and engaging pedestrian experience along commercial streets in various neighborhoods.

The provisions of this Chapter shall apply as follows:

(a)        Section 37-10 sets forth applicability of Article II, Chapter 6 to zoning lots accessed by private roads and sets forth special regulations for lower density growth management areas in the Borough of Staten Island;

(b)        Section 37-20, inclusive, sets forth special regulations for all energy infrastructure equipment and accessory mechanical equipment not located within a completely enclosed building;

(c)        Section 37-30, inclusive, sets forth special urban design provisions for building frontages in certain areas that apply in conjunction with provisions specified in the supplemental use provisions of Article III, Chapter 2, special provisions for certain areas in Article VI, or in Special Purpose Districts in Articles VIII through XIV;

(d)        Section 37-40, inclusive, sets forth provisions for relocating or renovating subway stairs in certain areas;

(e)        Section 37-50, inclusive, sets forth requirements for pedestrian circulation spaces that apply in conjunction with provisions specified in certain Special Purpose Districts;

(f)        Section 37-60, inclusive, sets forth provisions for publicly accessible open areas such as plazas, residential plazas and urban plazas created prior to October 17, 2007;

(g)        Section 37-70, inclusive, sets forth provisions for public plazas;  

(h)        Section 37-80 sets forth provisions for arcades; and

(i)        Section 37-90, inclusive, sets forth provisions for certain open parking areas, including landscaping.

Where a development or an enlargement is constructed on a zoning lot of 5,000 square feet or more of lot area that fronts on a portion of a sidewalk containing a stairway entrance or entrances into a subway station located within the Special Midtown District as listed in Section 81-46, the Special Lower Manhattan District as listed in Section 91-43, the Special Downtown Brooklyn District as listed in Section 101-43, the Special Long Island City Mixed Use District as described in Section 117-44, the Special Union Square District as listed in Section 118-50, the Special East Harlem Corridors District as described in Section 138-33, and those stations listed in the following table, the existing entrance or entrances shall be relocated from the street onto the zoning lot. The new entrance or entrances* shall be provided in accordance with the provisions of this Section.

A relocated subway stair or a subway stair that has been renovated in accordance with the provisions of Section 37-50 (REQUIREMENTS FOR PEDESTRIAN CIRCULATION SPACE) may be counted as pedestrian circulation space pursuant to Section 37-50. In addition, for developments or enlargements on such zoning lots where a relocated or renovated subway stair has been provided in accordance with the provisions of this Section, the special use, bulk, parking, and streetscape modifications set forth in Sections 66-22 (Special Use Regulations) through 66-25 (Special Streetscape Regulations) may be applied.

^*         Provision of a new subway entrance or entrances pursuant to the requirements of this Section may also require satisfaction of additional obligations under the Americans with Disabilities Act of 1990 (ADA), including the ADA Accessibility Guidelines. The New York City Transit Authority should be consulted with regard to any such obligations

^**         Access stairways to elevated portions of a station complex are exempt from this requirement

All pedestrian circulation space required pursuant to the provisions of any special purpose district shall comply with the provisions of this Section, as such may be modified by the terms of the special district.

Public plazas are open areas on a zoning lot intended for public use and enjoyment. The standards contained within Sections 37-70 through 37-78, inclusive, are intended to serve the following specific purposes:

(a)        to serve a variety of users of the public plaza area;

(b)        to provide spaces for solitary users while at the same time providing opportunities for social interaction for small groups; and

(c)        to provide safe spaces, with maximum visibility from the street and adjacent buildings and with multiple avenues for ingress and egress.

All public plazas shall comply with the provisions of Section 37-70 through 37-78, inclusive. These provisions may be modified pursuant to Section 74-91 (Modification of Public Plazas).

The provisions of this Section shall apply to all developments an enlargements containing an arcade that qualifies for a floor area bonus pursuant to Sections 24-15, 33-14 or 43-14.

(a)        General provisions

An arcade shall be developed as a continuous covered space extending along a street line, or publicly accessible open area. An arcade shall be open for its entire length to the street line or publicly accessible open area, except for building columns and tables and chairs provided pursuant to Section 37-81 (Moveable tables and Chairs). Such arcade shall be unobstructed to a height of not less than 12 feet, and either:

(1)        have a depth not less than 10 feet nor more than 30 feet measured perpendicular to the street line or boundary of the publicly accessible open area on which it fronts, and extend for at least 50 feet, or the full length of the street line or boundary of the publicly accessible open area on which it fronts, whichever is the lesser distance; or

(2)        on a corner lot, is bounded on two sides by the two intersecting street lines, and has an area of not less than 500 square feet and a minimum dimension of 10 feet.

(b)        Permitted elevation

Such an arcade shall not at any point be above the level of the street, or publicly accessible open area that it adjoins, whichever is higher. Any portion of an arcade occupied by building columns shall be considered to be part of the area of the arcade for the purposes of computing a floor area bonus.

(c)        Permitted parking, drop offs or loading berths

No off-street parking spaces, passenger drop offs, driveways or off-street loading berths are permitted anywhere within an arcade or within 10 feet of any bonusable portion thereof. By certification, the Commission may permit such activity in the immediate vicinity of an arcade provided such activity will not adversely affect the functioning of the arcade. In no event shall such vehicular areas be eligible for an arcade bonus.

(d)        Hours of operation

Arcades shall be accessible to the public at all times.

(e)        Signage

An information plaque shall be provided that contains a public space symbol and required text that matches the dimensions and graphic standards provided in the Privately Owned Public Space Signage file from the Required Signage Symbols page on the Department of City Planning website. Such symbol and required text shall include the phrase “Open To Public” and shall be provided with a highly contrasting background, in a format that ensures legibility. Additional requirements and review procedures for privately owned public space signage systems are specified in Title 62, Chapter 11, of the Rules of the City of New York.

These districts are designed to provide for local shopping and include a wide range of retail stores and personal service establishments which cater to frequently recurring needs. These districts also provide for a wide range of other essential local services and limited amusement and recreation as well as small-scale production uses. Since these districts provide amenities in convenient locations near all residential areas, and since they are relatively unobjectionable to nearby residences, these districts are widely mapped. 

These districts are designed to provide for local shopping and include a wide range of retail stores and personal service establishments which cater to frequently recurring needs. These districts also provide for a wide range of other essential local services and limited amusement and recreation as well as small-scale production uses. Since these districts provide amenities in convenient locations near all residential areas, and since they are relatively unobjectionable to nearby residences, these districts are widely mapped.

These districts are designed to provide for the growing recreational activities of pleasure boating and fishing by permitting rental, servicing and storage of boats in appropriate waterfront areas, normally adjacent to residential development.

These districts comprise the City's major and secondary shopping and business centers, which provide for shopping needs and services over a wide area, and which have a substantial number of large stores generating considerable traffic. These districts are also designed to provide for the wide range of office, amusement and recreation, service, production and related uses normally found in major and secondary shopping centers but to exclude non-retail uses which generate a large volume of trucking.

These districts are designed to provide for office buildings and the great variety of large retail stores and related activities in the central business district and regional commercial centers. These districts are also designed to provide for the wide range of amusement and recreation, service, production and related uses normally found in the central business district and regional commercial centers but to exclude non-retail uses which generate a large volume of trucking. Special signage regulations are designed to reflect the character of this area.

These districts are designed to provide for the wide range of retail, office, amusement and recreation, service, production and related uses normally found in the central business district and regional commercial centers but to exclude non-retail uses which generate a large volume of trucking.

This district is designed to provide for a wide range of retail, service, office, open and enclosed amusement and recreation, production and related uses, but not residential uses.

These districts are designed to provide for necessary services for a wider area than is served by the Local Commercial Districts. Since these service establishments often involve objectionable influences, such as noise from heavy service operations and large volumes of truck traffic, they are incompatible with both residential and retail uses. New residential development is excluded from these districts.

In addition to the applicable regulations for the uses listed in a permitted Use Group, adult establishments shall be subject to the following provisions:

(a)        Adult establishments are not permitted in C1, C2, C3, C4, C5, C6-1, C6-2 or C6-3 Districts.

(b)        In C6-4, C6-5, C6-6, C6-7, C6-8, C6-9, C7 or C8 Districts, no adult establishment shall be established less than 500 feet from a house of worship, a school, a Residence District, a C1, C2, C3, C4, C5-1, C6-1, C6-2 or C6-3 District, or a Manufacturing District, other than an M1-6M District, in which new residences or new joint living-work quarters for artists are allowed as-of-right or by special permit or authorization. No provisions or findings of such special permit or authorization which require an assessment of the impact of new residences or new joint living-work quarters for artists on commercial or manufacturing uses within a Manufacturing District shall be construed as a limitation on the scope of this provision. However, on or after October 25, 1995, an adult establishment that otherwise complies with the provisions of this paragraph shall not be rendered non-conforming if a house of worship or a school is established on or after April 10, 1995, within 500 feet of such adult establishment.

(c)        In C6-4, C6-5, C6-6, C6-7, C6-8, C6-9, C7 or C8 Districts, no adult establishment shall be established less than 500 feet from a previously established adult establishment.

(d)        In C6-4, C6-5, C6-6, C6-7, C6-8, C6-9, C7 or C8 Districts, no more than one adult establishment permitted under this Section shall be established on a zoning lot.

(e)        In C6-4, C6-5, C6-6, C6-7, C6-8, C6-9, C7 or C8 Districts, adult establishments shall not exceed, in total, 10,000 square feet of floor area and cellar space not used for enclosed storage or mechanical equipment.

(f)        Adult establishments which were established on October 25, 1995, and conform to all provisions of the Zoning Resolution relating to adult establishments other than the provisions of all or any combination of paragraphs (c), (d), and (e) of this Section, shall not be subject to the provisions of Section 52-77 (Termination of Adult Establishments).

For purposes of this Section, an adult establishment shall be established upon the date of a permit issued by the Department of Buildings therefor, or, in the case of an adult establishment in existence prior to August 8, 2001, as determined by the Department of Buildings, subject to rules as the Department of Buildings may prescribe regarding the failure to perform work authorized under a permit or to commence operation pursuant to a permit and the discontinuance of an adult establishment.

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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 32-111 (Use Group I – general use allowances) which includes the compilation of uses in the Use Group table;
2. Section 32-112 (Use Group I – uses subject to size limitations) for size restrictions that apply to certain uses, as denoted with an “S” in the Use Group table;
3. Section 32-113 (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;
4. Section 32-114 (Use Group I – uses subject to open use allowances) for open use allowances that apply to certain uses, as denoted with a “U” in the Use Group table; 
5. Section 32-115 (Use Group I – uses permitted by special permit) for uses only permitted by special permit by the Board of Standards and Appeals, as denoted with “○” in the Use Group table; and
6. Section 32-116 (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.
   

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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 32-121 (Use Group II – general use allowances) which includes the compilation of uses in the Use Group table;
2. Section 32-122 (Use Group II – uses permitted with limited applicability) for additional limitations on applicability for certain uses, as denoted with “♦” in the Use Group table; and
3. Section 32-123 (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.

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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 32-131 (Use Group III – general use allowances) which includes the compilation of uses in the Use Group tables;
2. Section 32-132 (Use Group III – uses subject to size restrictions) for size restrictions that apply to certain uses, as denoted with a “S” in the Use Group tables;
3. Section 32-133 (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 32-134 (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 32-135 (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.
   

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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 32-141 (Use Group IV – general use allowances) which includes the compilation of uses in the Use Group tables;
2. Section 32-142 (Use Group IV – uses subject to size restrictions) for size restrictions that apply to certain uses, as denoted with an “S” in the Use Group tables;
3. Section 32-143 (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;
4. Section 32-144 (Use Group IV – uses subject to open use allowances) for open use allowances that apply to certain uses, as denoted with a “U” in the Use Group tables; and
5. Section 32-145 (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.
   

Use Group V consists of uses for transient occupancy of various types. The provisions regulating uses classified in this Use Group are set forth as follows:

1. Section 32-151 (Use Group V – general use allowances) which includes the compilation of uses in the Use Group table;
2. Section 32-152 (Use Group V – uses permitted with limited applicability) for additional limitations on applicability for certain uses, as denoted with a “♦” in the Use Group table;
3. Section 32-153 (Use Group V – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group table;
4. Section 32-154 (Use Group V – uses subject to open use allowances) for open use allowances that apply to certain uses, as denoted with a “U” in the Use Group table;
5. Section 32-155 (Use Group V – uses permitted by special permit) for uses permitted by special permit of the Board of Standards and Appeals, as denoted with a “○” in the Use Group table; and
6. Section 32-156 (Use Group V – additional provisions for parking requirement category) for uses with more than one parking requirement category or other applicable parking provisions, as denoted with an “*” in the Use Group table.

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Use Group VI consists of uses where goods or services are conveyed directly to consumers. The provisions regulating uses classified in this Use Group are set forth as follows:

1. Section 32-161 (Use Group VI – general use allowances) which includes the compilation of uses in the Use Group tables;
2. Section 32-162 (Use Group VI – uses subject to size limitations) for size limitations that apply to certain uses, as denoted with an “S” in the Use Group tables;
3. Section 32-163 (Use Group VI – 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 32-164 (Use Group VI – uses subject to open use allowances) for open use allowances that apply to certain uses, as denoted with a “U” in the Use Group tables;
5. Section 32-165 (Use Group VI – uses permitted by special permit) for uses permitted by special permit of the Board of Standards and Appeals, as denoted with “○” in the Use Group tables; and
6. Section 32-166 (Use Group VI – additional provisions for parking requirement category) for uses with more than one parking requirement category or other applicable parking provisions, as denoted with an “*” in the Use Group tables.

The provisions of Sections 32-162, 32-163 and 32-164, except as otherwise specified, may be modified by special permit of the Board of Standards and Appeals, in accordance with Section 73-161 (Retail and service uses), or by special permit of the City Planning Commission, in accordance with Section 74-161 (Retail and service uses).

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Use Group VII consists of uses that provide administrative and research workspaces for business, professional or governmental purposes. The provisions regulating uses classified in this Use Group, are set forth as follows:

1. Section 32-171 (Use Group VII – general use allowances) which includes the compilation of uses in the Use Group table;
2. Section 32-172 (Use Group VII – use permitted with limited applicability) for additional limitations on applicability for certain uses, as denoted with a “♦” in the Use Group table; and
3. Section 32-173 (Use Group VII – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group table.

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Use Group VIII consists of uses that provide recreation and entertainment opportunities, as well as other places of assembly. The provisions regulating uses classified in this Use Group are set forth as follows:

1. Section 32-181 (Use Group VIII – general use allowances) which includes the compilation of uses in the Use Group table;
2. Section 32-182 (Use Group VIII – uses subject to size restrictions) for size restrictions that apply to certain uses, as denoted with an “S” in the Use Group table;
3. Section 32-183 (Use Group VIII – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group table;
4. Section 32-184 (Use Group VIII – uses subject to open use allowances) for open use allowances that apply to certain uses, as denoted with a “U” in the Use Group table;
5. Section 32-185 (Use Group VIII – 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 table; and
6. Section 32-186 (Use Group VIII – 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.

The provisions of Sections 32-182, 32-183 and 32-184, except as otherwise specified, may be modified by special permit of the Board of Standards and Appeals, in accordance with Section 73-181 (Recreation, entertainment and assembly space uses), or by special permit of the City Planning Commission, in accordance with Section 74-181 (Recreation, entertainment and assembly space uses).

C1 C2 C3 C4 C5 C6 C7 C8

Use Group IX consists of uses that provide storage for materials, goods, and vehicles. The provisions regulating uses classified in this Use Group are set forth as follows:

1. Section 32-191 (Use Group IX – general use allowances) which includes the compilation of uses in the Use Group tables;
2. Section 32-192 (Use Group IX – uses permitted with limited applicability) for additional limitations on applicability for certain uses, as denoted with “♦” in the Use Group tables;
3. Section 32-193 (Use Group IX – uses subject to size limitations) for size restrictions that apply to certain uses, as denoted with an “S” in the Use Group tables;
4. Section 32-194 (Use Group IX – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group tables;
5. Section 32-195 (Use Group IX – uses subject to open use allowances) for open use allowances that apply to certain uses, as denoted with a “U” in the Use Group tables; 
6. Section 32-196 (Use Group IX – uses permitted by special permit) for uses permitted by special permit of the City Planning Commission, as denoted with “○” in the Use Group tables; and
7. Section 32-197 (Use Group IX – 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.

The following table includes uses classified as Use Group X and sets forth their allowances by Commercial District. Notations found in the table are further described in Section 32-10 (USE ALLOWANCES).

Included in the use table, for reference purposes only, are the three-digit subsector categories from the manufacturing sector (sectors 31-33) of the 2022 North American Industry Classification System (NAICS). For each use under the three-digit subsector categories in manufacturing, the four-digit industry group, five-digit NAICS industry or six-digit U.S. detail code is referenced. However, where such four-digit, five-digit or six-digit categories are not referenced after a use, the specified use is not a specific NAICS industry sector category or includes a group of existing categories.

For uses denoted with a “S” in Section 32-201 (Use Group X – general use allowances), the specific size limitations shall be as follows:

1. All permitted uses in C1 Districts that are select commercial overlays shall not exceed 3,000 square feet of floor area per establishment.
2. All permitted uses in C1 Districts that are not select commercial overlays or C2 Districts shall not exceed 5,000 square feet of floor area per establishment.
3. All permitted uses in C4 through C7 Districts shall not exceed 10,000 square feet of floor area per establishment on the ground floor and without limitation on overall floor area above the ground floor.
   

For uses denoted with a “P” in Section 32-201 (Use Group X – general use allowances), the limitations in this Section shall apply.

1. Permitted uses in all Commercial Districts shall conform to the performance standards for M1 Districts as set forth in Section 42-40 (PERFORMANCE STANDARDS) through 42-48 (Performance Standards Regulating Humidity, Heat or Glare), inclusive. However, beverage manufacturing establishments shall not be subject to the provisions of Section 42-47 (Performance Standards Regulating Fire and Explosive Hazards).
2. In addition to the requirements of paragraph (a) of this Section, in C1 or C2 Districts, or C4 through C7 Districts, all permitted uses shall meet the following requirements:
   1. Such use does not have a New York City or New York State environmental rating of “A”, “B” or “C” under Section 24-153 of the New York City Administrative Code for any process equipment requiring a New York City Department of Environmental Protection operating certificate or New York State Department of Environmental Conservation state facility permit; and
   2. Such use is not required, under the City Right-to-Know Law, to file a Risk Management Plan for Extremely Hazardous Substances.

In C1 or C2 Districts, or C4 through C8 Districts, all permitted uses are classified in parking requirement category B except that uses located above the ground floor shall be classified in parking requirement category C.

Definitions specifically applicable to this Chapter are set forth in this Section. The definitions of other defined terms are set forth in Section 12-10 (DEFINITIONS), except where explicitly stated otherwise in individual provisions in this Chapter.

Blank wall

A “blank wall” shall be a street wall, or portions thereof, 50 feet or more in width, which contains no transparent element between curb level and 12 feet above curb level.

Ground floor level

The “ground floor level” shall refer to a building’s lowest story where the level of the finished floor is located within five feet of the adjoining sidewalk. 

Minimum qualifying depth 

The “minimum qualifying depth” shall refer to the minimum depth to which ground floor level use or parking wrap regulations apply. Such restrictions shall apply to a minimum depth of 30 feet, as measured perpendicular to the ground floor level street wall facing the applicable street frontage. However, within such depth, vertical circulation cores and associated egress paths, as well as structural or other building infrastructure elements associated with upper stories of the building, shall be permitted obstructions.

Tier A street frontage

A “Tier A street frontage” shall be any portion of the ground floor level street frontage of a zoning lot in C1 or C2 Districts, C4 through C7 Districts, or M1 Districts paired with a Residence District, that is not a Tier B or Tier C street frontage. 

Tier B street frontage

A “Tier B street frontage” shall be any portion of the ground floor level street frontage of a zoning lot in the special streetscape area that is located within C1 or C2 Districts, C4 through C7 Districts, or M1 Districts paired with a Residence District.

Tier C street frontage

A “Tier C street frontage” shall be that portion of the ground floor level street frontage of a zoning lot along a street specifically designated as such in a Special Purpose District or other streetscape provision of this Resolution.

Impeded access frontage

An “impeded access frontage” shall refer to zoning lot frontages along a transportation-infrastructure-adjacent frontage where direct vehicular or pedestrian access to areas beyond such infrastructure is inaccessible from all streets bounding the block containing the subject zoning lot.

The provisions of Section 32-30, inclusive, shall not apply to:

1. zoning lot frontages along the same street frontage as a ramp accessing a limited-access expressway, freeway, parkway or highway, all of which prohibit direct vehicular access to adjoining land, provided that:
   1. a portion of such zoning lot frontage is within 1,000 feet of such ramp, as measured along the street; and
   2. there are no entrances to a mass transit station, as defined in Section 66-11, within such 1,000-foot measurement; or
2. zoning lots with a lot area greater than five acres and located entirely outside the special streetscape area.

For zoning lots with existing buildings to remain:

1. only the portion of the zoning lot containing a development or ground floor level enlargement shall be considered for the purposes of applying the regulations of  Sections 32-31, 32-32 and 32-33, inclusive; and
2. only the portion of the zoning lot frontage associated with the building containing the alteration or change of use shall be considered for the purposes of determining the applicable regulations of Section 32-34.

The provisions of this Section, inclusive, shall apply to the ground floor level street frontage of a building along a Tier A street frontage. Such provisions include ground floor level:

1. blank wall restrictions, as set forth in Section 32-311; and
2. parking restrictions, as set forth in Section 32-312.

The provisions of this Section, inclusive, shall apply to the ground floor level street frontage of a building along a Tier B street frontage. Such provisions include ground floor level:

1. use and transparency requirements, as set forth in Section 32-321;
2. alternative regulations, for certain block frontages, as set forth in Section 32-322; and
3. curb cut restrictions for all frontages, as set forth in Section 32-323.

The provisions of this Section, inclusive, shall apply to the ground floor level street frontage of a building along a Tier C street frontage.

The provisions for Tier B street frontages, as set forth in Section 32-32, inclusive, shall apply, except that the regulations of Section 32-322 shall not be permitted as an alternative to those of Section 32-321. Such provisions of Section 32-32, inclusive, are further modified by the provisions of this Section, inclusive

The provisions of this Section shall apply to the ground floor level of existing buildings along Tier A, Tier B, or Tier C street frontages.

1. Along Tier A frontages#
   
   Along the Tier A street frontage of a ground floor level, as applicable, no alteration associated with the continuation of an existing use or change of use shall increase the extent of a pre-existing blank wall, modify the location of parking spaces, or add curb cuts along a street frontage in a manner that would create a new non-conformity or increase an existing non-conformity by more than 10 percent with regards to the applicable regulations for a development or ground floor level enlargement. 
2. Along Tier B or Tier C street frontages
   
   Along the Tier B or Tier C street  frontage of a ground floor level, as applicable, no alteration associated with the continuation of an existing use or change of use shall introduce a use, reduce a minimum qualifying depth, increase the street wall width of restricted uses, reduce transparency, increase the extent of a pre-existing blank wall, modify the location of parking spaces, or add curb cuts along a street frontage in a manner that would create a new non-conformity or increase an existing non-conformity by more than 10 percent with regards to the applicable regulations for a development or ground floor level enlargement.

C1 C2 C3 C4 C5 C6 C7 C8

In the districts indicated, except as otherwise specifically provided in the Use Groups permitted in such districts and in Sections 36-11 (General Provisions) and 36-61 (Permitted Accessory Off-street Loading Berths), all permitted uses which are created by development, or which are enlarged or extended, or which result from a change of use shall be subject to the provisions of this Section with respect to enclosure within buildings. With respect to the enlargement or extension of an existing use, such provisions shall apply to the enlarged or extended portion of such use.

Accessory uses may be open or enclosed, notwithstanding any limitations on the principal use, provided that any open accessory uses are customarily found in connection with such principal use.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the location of primary business entrances, show windows or signs shall be subject to the provisions of this Section.

For the purposes of this Section, a lot of record or a group of contiguous lots of record held in single ownership or control at December 15, 1961, or any applicable amendment thereto shall be considered a single zoning lot, regardless of any subsequent subdivision.

For the purposes of this Section, a corner lot shall include the entire zoning lot notwithstanding the 100-foot limitation in the definition of corner lots in Section 12-10 (DEFINITIONS). All other zoning lots shall be considered zoning lots with single frontage.

The provisions of this Section shall not apply to:

1. vehicular entrances or exits for permitted drive-in uses or automotive service establishments or for permitted or required accessory off-street parking spaces or loading berths;
2. service entrances, or other entrances less than 3 feet, 6 inches in width;
3. windows other than show windows; or
4. ventilators, fire escapes or other appurtenances required by law.

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

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, signs other than advertising signs are permitted subject to the provisions of the following Sections:

Section 32-64        (Surface Area and Illumination Provisions)

Section 32-65        (Permitted Projection or Height of Signs)

Section 32-66        (Additional Regulations for Signs Near Certain Parks and Designated Arterial Highways)

Section 32-67        (Special Provisions Applying along District Boundaries)

Section 32-68        (Permitted Signs on Residential or Mixed Buildings)

Section 32-69        (Additional Sign Regulations for Adult Establishments)

However, notwithstanding any provision of this Section, 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 in all districts, as indicated, without limitation.

C6-5 C6-7 C8

In the districts indicated, advertising signs are permitted subject to the applicable provisions of the following Sections:

Section 32-64        (Surface Area and Illumination Provisions)

Section 32-65        (Permitted Projection or Height of Signs)

Section 32-66        (Additional Regulations for Signs Near Certain Parks and Designated Arterial Highways)

Section 32-67        (Special Provisions Applying along District Boundaries)

Section 32-68        (Permitted Signs on Residential or Mixed Buildings).

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted signs shall be subject to the restrictions on surface area and illumination as set forth in this Section, provided that the following signs shall be exempted from such restrictions on surface area:

Illuminated non-flashing signs other than advertising signs located in a window within a building, with a total surface area not exceeding eight square feet on any zoning lot and limited to not more than three such signs in any window.

For the purpose of determining permitted surface area of signs for zoning lots occupied by more than one establishment, any portion of such zoning lot occupied by a building or part of a building accommodating one or more establishments on the ground floor may be considered as a separate zoning lot.

No illuminated sign shall have a degree or method of illumination which exceeds standards established by the Department of Buildings by rule pursuant to the City Administrative Procedure Act. Such standards shall ensure that illumination on any illuminated sign does not project or reflect on residences, loft dwellings or joint living-work quarters for artists so as to interfere with the reasonable use and enjoyment thereof. Nothing herein shall be construed to authorize a sign with indirect illumination to arrange an external artificial source of illumination so that direct rays of light are projected from such artificial source into residences, loft dwellings or joint living-work quarters for artists.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted signs are subject to the applicable regulations of this Section.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted signs are subject to the applicable regulations of this Section.

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.

C1 C2 C3 C4 C5 C6

In the districts indicated, any use listed in Use Group II shall conform to the sign regulations for Residence Districts set forth in Sections 22-52 through 22-54. In residential or mixed buildings, residential sign regulations shall apply to the residential portion.

Where non-residential uses are permitted to occupy two floors of the building, all signs accessory to non-residential uses located on the second floor shall be non-illuminated signs, and shall be located below the level of the finished floor of the third story.

C6-4 C6-5 C6-6 C6-7 C6-8 C6-9 C7 C8

Signs, other than advertising signs, for adult establishments are permitted only as set forth in this Section and are limited to locations in the districts indicated.

All permitted signs, other than advertising signs, for adult establishments shall conform with all the sign regulations applicable in C1 Districts as set forth in this Chapter, except that the provisions of Section 32-64 (Surface Area and Illumination Provisions) shall not apply. In lieu thereof, the maximum surface area of all signs, other than advertising signs, for adult establishments shall not exceed, in the aggregate, three times the street frontage of the zoning lot, but in no event more than 150 square feet per establishment, of which no more than 50 square feet may be illuminated non-flashing signs.

The bulk regulations of this Chapter apply to commercial buildings, community facility buildings or buildings used partly for commercial use and partly for community facility use, on any zoning lot or portion of a zoning lot located in any Commercial District, including all developments or enlargements. As used in this Chapter, the term "any building" shall therefore not include a residential building or a mixed building, the bulk regulations for which are set forth in Article III, Chapter 4, and Article III, Chapter 5, respectively. 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.

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 74-61. 

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

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

1. Height and setback
   1. In Commercial Districts mapped within, or with a residential equivalent of an R6 through R12 District 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, as modified by the provisions of Section 35-60 (MODIFICATION OF HEIGHT AND SETBACK REGULATIONS), inclusive. 
   2. In all other Commercial 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 to Commercial Districts mapped within, or with a residential equivalent of an R1 through R5 District, in accordance with the applicable Residence District regulations, as modified by the provisions of Section 35-60, inclusive.
      2. The height and setback regulations of Section 23-43 (Height and Setback Requirements in R6 Through R12 Districts), inclusive, may be applied to Commercial Districts mapped within, or with a residential equivalent of an R6 through R12 District without a letter suffix, in accordance with the applicable Residence District regulations, as modified by the provisions of Section 35-60, inclusive.
2. 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 rear yard, rear yard equivalent and open area along side lot line requirements of Section 23-30, inclusive, applicable to a multiple dwelling residence; and
   2. for community facility uses with sleeping accommodations:
      1. the special floor area allowances of Section 23-23 (Special Floor Area Provisions for Multiple Dwelling Residences), inclusive;
      2. the court regulations of Section 23-35 (Court Regulations), inclusive; and
      3. the distance between buildings and distance between legally required windows and lot lines regulations of Section 23-37 (Other Open Area Regulations).
         

           Any obstructions permitted within a specific open area pursuant to Section 23-30 (YARDS, COURTS AND OTHER OPEN AREA REGULATIONS), 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 III, Chapter 3.
         
         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.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all 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).

In C8 Districts, the street frontage used to calculate the number of required trees may exclude the street frontage occupied by curb cuts serving:

From Use Group VI

Automotive repair and maintenance

Automotive service stations

Industrial drycleaning and laundry services

From Use Group IX

All uses listed under Use Group IX(A) and IX(C).

Notwithstanding any other provisions of this Resolution, outdoor table service areas, associated with eating and drinking establishments, meeting all requirements set forth in legislation by the City Council and any subsequent rulemaking by an authorized agency shall be permitted within any required sidewalk widening areas.

For the purpose of applying the bulk regulations of this Chapter, C7 Districts mapped prior to June 6, 2024, shall be considered C7-1 Districts.

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

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In all districts, as indicated, for any zoning lot, the maximum floor area ratio shall not exceed the floor area ratio set forth in this Section, except as otherwise provided in the following Sections:

Section 33-13        (Floor Area Bonus for a Public Plaza)

Section 33-14        (Floor Area Bonus for Arcades)

Section 33-15        (Floor Area Bonus for Front Yards)

Section 33-16        (Special Provisions for Zoning Lots Divided by District Boundaries)

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

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.

Except where authorized by express provisions of this Resolution, the maximum floor area ratio shall not exceed the amount set forth in this Section by more than 20 percent.

In addition, the following limitations on maximum permitted floor area shall apply:

C1-8A C1-8X C1-9A C2-7A C2-7X C2-8A C4-6A C4-7A C4-11A C5-1A C5-2A C6-2A C6-3A C6-3D C6-3X C6-4A

(a)        In contextual Commercial Districts

In the districts indicated, and in C1 and C2 Districts mapped within R9A, R9D, R9X, R10A, R10X or R11A Districts, no floor area bonuses are permitted.

(b)        In Community Board 7, Borough of Manhattan

Within the boundaries of Community Board 7 in Manhattan, in R10 equivalent Commercial Districts without a letter suffix, the maximum floor area ratio shall not exceed 10.0.

(c)        In C6-1A Districts

In C6-1A Districts, the maximum floor area ratio shall not exceed the amount set forth in this Section by more than 50 percent.

(d)        In C6-4X Districts

In C6-4X Districts, a floor area bonus shall only be permitted for a public plaza pursuant to Section 33-13.

C1-8 C1-9 C2-7 C2-8

(a)        Zoning lots containing community facility uses

In the districts indicated, and in other C1 or C2 Districts when mapped within R9 through R12 Districts, for zoning lots containing community facility uses, for each square foot of public plaza provided in accordance with Section 37-70 (PUBLIC PLAZAS), inclusive, the total floor area permitted on that zoning lot under the provisions of Section 33-12 (Maximum Floor Area Ratio) for a zoning lot containing only community facility uses or both commercial and community facility uses, may be increased by six square feet.

C4-7 C5-2 C5-3 C5-4 C5-5 C6-1 C6-2 C6-3 C6-4 C6-5 C6-6 C6-7 C6-8 C6-9 C6-11 C6-12 C7-5 C7-6 C7-7 C7-8 C7-9

(b)        Zoning lots containing only commercial uses

In the districts indicated, for zoning lots containing only commercial uses, for each square foot of public plaza provided in accordance with Section 37-70, inclusive, the total floor area permitted on that zoning lot under the provisions of Section 33-12 for a commercial use may be increased as set forth in the following table:

C4-6 C4-7 C4-8 C4-9 C4-11 C4-12 C5-1 C5-2 C5-3 C5-4 C5-5 C6-1 C6-2 C6-3 C6-4 C6-5 C6-6 C6-7 C6-8 C6-9 C6-11 C6-12 C7-5 C7-6 C7-7 C7-8 C7-9

(c)        Zoning lots containing community facility uses or both commercial and community facility uses

In the districts indicated, for zoning lots containing only community facility uses or both commercial and community facility uses, for each square foot of public plaza provided in accordance with Section 37-70, inclusive, the total floor area permitted on that zoning lot under the provisions of Section 33-12 may be increased as set forth in the following table:

C4-7 C5-2 C5-3 C5-4 C5-5 C6 C7-5 C7-6 C7-7 C7-8 C7-9

(a)        In the districts indicated, for zoning lots containing commercial 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 33-12 (Maximum Floor Area Ratio) for a zoning lot containing only commercial uses may be increased as set forth in the following table:

FLOOR AREA BONUS

C1-8 C1-9 C2-7 C2-8 C4-6 C4-7 C4-8 C4-9 C4-11 C4-12 C5 C6 C7-5 C7-6 C7-7 C7-8 C7-9

(b)        In the districts indicated, and in C1 or C2 Districts when mapped within R9 through R12 Districts, for zoning lots containing community facility uses, for each square foot of arcade provided on a zoning lot in accordance with the provisions of Section 37-80, the total floor area permitted on that zoning lot under the provisions of Section 33-12 for a zoning lot containing only community facility uses or both commercial and community facility uses may be increased as set forth in the following table:

FLOOR AREA BONUS

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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 maximum floor area ratios on portions of the zoning lot, the provisions set forth in Article VII, Chapter 7, shall apply.

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

In all Commercial Districts, the level of a yard or of a rear yard equivalent shall not be higher than curb level. However, this Section shall not be construed to require that natural grade level be disturbed in order to comply with this requirement.