Chapter 3 | Zoning Resolution

R5D R6A R6B R7A R7B R7D R7X R8A R8B R8X R9A R9D R9X R10A R10X

(a) In R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X, R10A or R10X Districts, any building or other structure shall comply with the bulk regulations for Quality Housing buildings set forth in this Chapter and any building containing residences shall also comply with the requirements of Article II, Chapter 8 (Quality Housing Program). However, the provisions of Article II, Chapter 8, shall not apply to buildings converted pursuant to Article I, Chapter 5.

In R5D Districts, only certain requirements of Article II, Chapter 8, shall apply as set forth in Section 28-01 (Applicability of This Chapter).

R6 R7 R8 R9 R10

(b) In the districts indicated without a letter suffix, the bulk regulations applicable to Quality Housing buildings may, as an alternative, be applied to zoning lots where buildings are developed or enlarged pursuant to all of the requirements of the Quality Housing Program. Such buildings may be subsequently enlarged only pursuant to the Quality Housing Program. In these districts, the Quality Housing bulk regulations may apply to developments or enlargements on zoning lots with existing buildings to remain, if:

(1) the existing buildings contain no residences and the entire zoning lot will comply with the floor area ratio and density standards applicable to Quality Housing buildings; or

(2) the existing buildings contain residences, and:

(i) such buildings comply with the maximum base heights and maximum building heights listed in the tables in Section 23-662 for the applicable district, and the entire zoning lot will comply with the floor area ratio and lot coverage standards applicable to Quality Housing buildings; or

(ii) for developments or enlargements on zoning lots meeting the criteria set forth in paragraph (a) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors):

(a) the entire zoning lot will comply with the floor area ratio set forth in Sections 23-154 (Inclusionary Housing) or 23-155 (Affordable independent residences for seniors), as applicable;

(b) the entire zoning lot will comply with the lot coverage regulations for the applicable zoning district set forth in Section 23-153 (For Quality Housing buildings); and the development or enlargement :

(1) will comply with the maximum base height and maximum building height of the applicable zoning district set forth in Table 1 of paragraph (b) of Section 23-664;

(2) in R6, R7, R8 and R9-1 Districts, where the zoning lot meets the criteria set forth in paragraph (a)(3) of Section 23-664, will comply with the maximum base height and maximum building height of the applicable zoning district set forth in Table 2 of paragraph (c) of Section 23-664; or

(3) in R6, R7, R8 and R9-1 Districts, where the zoning lot meets the criteria set forth in paragraph (a)(4) of Section 23-664 and is located within 150 feet of the types of transportation infrastructure listed in paragraphs (c)(2)(i) through (c)(2)(iv) of Section 23-664, will comply with the maximum base height and maximum building height of the applicable zoning district set forth in Table 2 of paragraph (c) of Section 23-664. Such 150-foot measurement shall be measured perpendicular to the edge of such infrastructure.

All Quality Housing buildings shall also comply with additional provisions set forth in Article II, Chapter 8.

R6 R7 R8 R9 R10

(c) In the districts indicated without a letter suffix, the optional Quality Housing bulk regulations permitted as an alternative pursuant to paragraph (b) of this Section, shall not apply to:

(1) Article VII, Chapter 8 (Special Regulations Applying to Large Scale Residential Developments), except that they may be permitted as an alternative to apply within Large Scale Residential Developments located:

(i) in C2-5 Districts mapped within R9-1 Districts in Community District 3 in the Borough of Manhattan.

(2) Special Purpose Districts

However, such optional Quality Housing bulk regulations are permitted as an alternative to apply in the following Special Purpose Districts:

Special 125th Street District;

Special Bay Street Corridor District;

Special Downtown Brooklyn District;

Special Downtown Far Rockaway District;

Special Downtown Jamaica District;

Special East Harlem Corridors District;

Special Flushing Waterfront District;

Special Gowanus Mixed Use District;

Special Grand Concourse Preservation District;

Special Harlem River Waterfront District;

Special Inwood District;

Special Jerome Corridor District;

Special Limited Commercial District;

Special Long Island City Mixed Use District;

Special Lower Manhattan District, as modified in Section 91-05;

Special Ocean Parkway District;

Special St. George District;

Special Transit Land Use District; or

Special Tribeca Mixed Use District.

R6 R7 R8 R9 R10

(d) In the districts indicated, for Quality Housing buildings in which at least 50 percent of the dwelling units are income-restricted housing units, or at least 50 percent of the total floor area is a long-term care facility or philanthropic or non-profit institution with sleeping accommodation, the applicable bulk regulations of this Chapter may be modified for zoning lots with irregular site conditions or site planning constraints by special permit of the Board of Standards and Appeals, pursuant to Section 73-623 (Bulk modifications for certain Quality Housing buildings on irregular sites).

R6 R7 R8 R9 R10

(e) In the districts indicated, where a Special Purpose District modifies the bulk regulations for Quality Housing buildings set forth in this Chapter, the additional provisions for Quality Housing buildings set forth in Article II, Chapter 8 shall continue to apply. In addition, where any Special Purpose District that requires elements of Article II, Chapter 8 to apply to non-Quality Housing buildings, all associated floor area exemptions shall apply.

23-012

Lower density growth management areas

†

For areas designated as lower density growth management areas pursuant to Section 12-10 (DEFINITIONS), the underlying district regulations shall apply. Such regulations are superseded or supplemented as set forth in the following Sections:

Section 11-45 (Authorizations or Permits in Lower Density Growth Management Areas)

Section 12-10 (DEFINITIONS — Floor area; Lower density growth management area; Private road)

Section 22-14 (Use Group 4 — Ambulatory diagnostic or treatment health care facilities)

Section 23-12 (Permitted Obstructions in Open Space)

Section 23-14 (Open Space and Floor Area Regulations in R1 Through R5 Districts)

Section 23-32 (Minimum Lot Area or Lot Width for Residences)

Section 23-33 (Special Provisions for Development of Existing Small Lots)

Section 23-35 (Special Provisions for Zoning Lots Containing Certain Community Facility Uses in Lower Density Growth Management Areas)

Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents)

Section 23-462 (Side yards for all other buildings containing residences)

Section 23-532 (Required rear yard equivalents)

Section 23-63 (Height and Setback Requirements in R1 Through R5 Districts)

Section 23-711 (Standard minimum distance between buildings)

Section 23-881 (Minimum distance between lot lines and building walls in lower density growth management areas)

Section 24-012 (Exceptions to the bulk regulations of this Chapter)

Section 24-04 (Modification of Bulk Regulations in Certain Districts)

Section 25-028 (Applicability of regulations to certain community facility uses in lower density growth management areas)

Section 25-22 (Requirements Where Individual Parking Facilities Are Provided)

Section 25-23 (Requirements Where Group Parking Facilities Are Provided)

Section 25-31 (General Provisions)

Section 25-331 (Exceptions to application of waiver provisions)

Section 25-62 (Size and Location of Spaces)

Section 25-621 (Location of parking spaces in certain districts)

Section 25-622 (Location of parking spaces in lower density growth management areas)

Section 25-624 (Special parking regulations for certain community facility uses in lower density growth management areas)

Section 25-631 (Location and width of curb cuts in certain districts)

Section 25-632 (Driveway and curb cut regulations in lower density growth management areas)

Section 25-64 (Restrictions on Use of Open Space for Parking)

Section 25-66 (Screening)

Section 26-00 (APPLICABILITY OF THIS CHAPTER)

Section 26-30 (SPECIAL REQUIREMENTS FOR LOTS WITH PRIVATE ROADS IN LOWER DENSITY GROWTH MANAGEMENT AREAS), inclusive

Section 32-123 (Use Group II – uses subject to additional conditions)

Section 32-352 (Ground floor use requirements in the Borough of Staten Island)

Section 37-10 (SPECIAL REGULATIONS FOR PRIVATE ROADS AND LOWER DENSITY GROWTH MANAGEMENT AREAS)

Section 54-313 (Single- or two-family residences with non-complying front yards or side yards)

Section 105-702 (Applicability of lower density growth management area regulations)

Section 107-412 (Special bulk regulations for certain community facility uses in lower growth management areas)

Section 107-42 (Minimum Lot Area and Lot Width for Residences)

Section 107-421 (Minimum lot area and lot width for zoning lots containing certain community facility uses)

Section 107-464 (Side yards for permitted non-residential use)

Section 107-62 (Yard, Court and Parking Regulations)

Section 119-05 (Applicability of Parking Location Regulations)

Section 119-214 (Tier II requirements for driveways and private roads)

Section 128-051 (Applicability of Article I, Chapter 2)

23-013

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 Section 93-90, paragraph (a), shall be modified:

Anti-harassment area

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

(23-013.1)

(23-013.2)

Greenpoint-Williamsburg Anti-Harassment Areas

Referral date

“Referral date” shall mean October 4, 2004.

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

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 Sections 23-90 or 62-352 (Inclusionary Housing); 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 Section 62-354 (Special height and setback regulations), paragraphs (b)(2) and (d); 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.

23-02

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.

23-03

Street Tree Planting in Residence Districts

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the following shall provide street trees in accordance with Section 26-41 (Street Tree Planting):

(a) 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, except as provided in paragraphs (b) and (c) of this Section;

(b) enlargements of single- or two-family residences by 20 percent or more within the following special purpose districts:

Special Bay Ridge District;

Special Bay Street Corridor District;

Special Clinton District;

Special Downtown Brooklyn District;

Special Downtown Far Rockaway District;

Special Downtown Jamaica District;

Special East Harlem Corridors District;

Special Grand Concourse District;

Special Hillsides Preservation District;

Special Long Island City Mixed Use District;

Special Ocean Parkway District;

Special SoHo-NoHo Mixed Use District;

Special South Richmond Development District;

(c) enlargements, pursuant to the Quality Housing Program, of single- or two-family residences by 20 percent or more;

(d) conversions of 20 percent or more of the floor area of a building to a residential use; or

(e) construction of a detached garage that is 400 square feet or greater.

23-04

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:

(a) 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, except as provided in paragraph (b) of this Section;

(b) enlargements of single- or two-family residences by 20 percent or more within the following special purpose districts:

Special Bay Ridge District;

Special Downtown Jamaica District;

Special Hillsides Preservation District;

Special Ocean Parkway District;

Special South Richmond Development District;

(c) conversions of 20 percent or more of the floor area of a building to a residential use; or

(d) construction of a detached garage that is 400 square feet or greater.

23-11

Definitions

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

23-12

Permitted Obstructions in Open Space

†

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In the districts indicated, the obstructions permitted for any yard set forth in paragraph (a) of Section 23-441 (General permitted obstruction allowances), 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:

Balconies, unenclosed, subject to the provisions of Section 23-13;
Breezeways;
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 the percentages set forth in Section 25-64 (Restrictions on Use of Open Space for Parking);
Energy infrastructure equipment and accessory mechanical equipment, subject to the requirements set forth in Section 23-442;
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#;
Parking spaces, off-street, enclosed, accessory, not to exceed one space per dwelling unit, when accessory to a single-family, two-family or three-family residence, 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. However, two such spaces for a single-family residence may be permitted in lower density growth management areas and in R1-2A Districts;
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;
Steps;
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;
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 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) or 23-87 (Permitted Obstructions in Courts), as applicable.

23-13

Balconies

23-131

Balconies in R1 through R5 Districts

R1 R2 R3 R4 R5

In the districts indicated, balconies that are:

(a) unenclosed except for a parapet not exceeding 3 feet, 8 inches in height, or a railing not less than 50 percent open and not exceeding 4 feet, 6 inches in height; and

(b) located at or above the floor level of the second story provided that such balcony is not lower than seven feet above curb level or adjacent natural grade, whichever is higher;

may, as permitted in this Section, project into or over any required open area set forth in the following Sections:

(1) front yards, as defined in Section 12-10 (DEFINITIONS);

(2) rear yards or rear yard equivalents, as defined in Section 12-10;

(3) open space, as defined in Section 12-10, excluding:

(i) side yards, as defined in Section 12-10;

(ii) required minimum dimensions of courts, as defined in Section 12-10; and as set forth in Section 23-80 (COURT REGULATIONS, MINIMUM DISTANCE BETWEEN WINDOWS AND WALLS OR LOT LINES AND OPEN AREA REQUIRMENTS); and

(iii) required distances between buildings, as set forth in Section 23-71 (Minimum Distance Between Buildings on a Single Zoning lot).

If the depth of the front yard is greater than 12 feet, balconies may project six feet into such front yard provided that, in R1, R2 or R3 Districts, the aggregate width of such balconies does not exceed 50 percent of the width at that level of the plane surface of the building wall from which they project and, in R4 or R5 Districts, such aggregate width does not exceed 67 percent.

If the depth of the front yard is 12 feet or less, balconies may project to a distance equal to one-half the depth of such front yard provided the aggregate width of such balconies does not exceed 50 percent of the width at that level of the plane surface of the building wall from which they project.

Balconies may, by a distance not to exceed eight feet, project into a rear yard or other open space not specifically excluded in paragraphs (2) and (3) of this Section. At the level of the second story, the aggregate width of such balconies is not limited but at the level of the third story or higher such aggregate width shall not exceed 50 percent of the width at that level of the plane surface of the building wall from which the balconies project.

In addition, balconies may be enclosed by building walls provided that at least 33 percent of the perimeter of such balcony is unenclosed except for a parapet not exceeding 3 feet, 8 inches in height, or a railing not less than 50 percent open and not exceeding 4 feet, 6 inches in height. The portion of a balcony enclosed by building walls shall not exceed six feet in depth.

23-132

Balconies in R6 through R10 Districts

R6 R7 R8 R9 R10

In the districts indicated, balconies may project into or over any required open area within a publicly accessible open area, a rear yard, an initial setback distance, any open areas not occupied by towers, any required side or rear setbacks, or any required open space, provided that such balcony shall:

(a) not project by a distance greater than seven feet as measured from the plane surface of the building wall from which it projects;

(b) not project into the minimum required distance between buildings on the same zoning lot;

(c) not cover more than 10 percent of the area designated as outdoor recreation space pursuant to Section 28-20 (RECREATION SPACE AND PLANTING AREAS);

(d) be unenclosed except for a parapet not exceeding 3 feet, 8 inches in height or a railing not less than 50 percent open and not exceeding 4 feet, 6 inches in height. 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 or railing;

(e) be located at or higher than the floor level of the third story of a building or at least 20 feet above curb level, except that for buildings containing residences not more than 32 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; and

(f) 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.

23-14

Open Space and Floor Area Regulations in R1 Through R5 Districts

R1 R2 R3 R4 R5

In the districts indicated for any zoning lot, the minimum required open space or open space ratio shall not be less than set forth in this Section, and the maximum lot coverage shall not exceed the lot coverage as set forth in this Section. Any given lot area or area of open space shall be counted only once in determining the floor area ratio, the amount of open space or the open space ratio.

In R1 and R2 Districts without a letter suffix, the floor area and open space provisions of Section 23-141 shall apply. In R1 and R2 Districts with a letter suffix, and R3, R4 and R5 Districts, the provisions of Section 23-142 shall apply.

In R4 and R5 Districts without a letter suffix, the provisions of Section 23-143 shall apply to buildings utilizing the optional provisions for a predominantly built-up area. In R3-2, R4 and R5 Districts without a letter suffix, the provisions of Section 23-144 shall apply to affordable independent residences for seniors.

For zoning lots with buildings containing multiple uses or multiple buildings with different uses, the maximum floor area ratio for each use shall be as set forth in the applicable provisions of this Section, inclusive, or Section 24-10 (FLOOR AREA AND LOT COVERAGE REGULATIONS), inclusive, 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. However, for zoning lots providing affordable independent residences for seniors and other residential uses, the sum of all floor area allocated to uses other than affordable independent residences for seniors on the zoning lot shall not exceed the maximum floor area ratio permitted for residential uses set forth in Sections 23-142 or 23-143, as applicable.

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.

In addition to complying with the provisions of this Section, all zoning lots shall be subject to the provisions set forth in Section 23-22 (Maximum Number of Dwelling Units) as well as all other applicable bulk regulations as set forth in this Chapter.

23-141

Open space and floor area regulations in R1 and R2 Districts without a letter suffix

R1 R2

In the districts indicated, except R1-2A, R2A and R2X Districts, the minimum required open space ratio shall be 150.0, and the maximum floor area ratio shall be 0.50.

23-142

Open space and floor area regulations in R1 and R2 Districts with a letter suffix and R3 through R5 Districts

†

R1 R2 R3 R4 R5

In R1 and R2 Districts with a letter suffix and R3 through R5 Districts, the maximum lot coverage, minimum open space and maximum floor area ratio shall be as set forth in the following table:

District	Maximum *Lot Coverage* (in percent)	Minimum Required *Open Space* (in percent)	Maximum *Floor Area Ratio*
R1-2A	30	70	.50
R2A	30	70	.50
R2X	N/A — governed by *yard* requirements		.85
R3-1 R3-2	35	65	.50
R3A R3X	N/A — governed by *yard* requirements		.50
R4	45	55	.75
R4-1 R4A	N/A — governed by *yard* requirements		.75
R4B	55	45	.90
R5	55	45	1.25
R5A	N/A — governed by *yard* requirements		1.10
R5B	55	45	1.35
R5D	60*	40*	2.00

^* For corner lots, the maximum lot coverage shall be 80 percent and the minimum required open space shall be 20 percent

In addition, the following rules shall apply:

In R2X, R3, R4, R4A and R4-1 Districts, except R3, R4A and R4-1 Districts within lower density growth management areas, the floor area ratio in the table in this Section may be increased by up to 20 percent provided that any such increase in floor area is located directly under a sloping roof which rises at least three and one half inches in vertical distance for each foot of horizontal distance and the structural headroom of such floor area is between five and eight feet.
In R3, R4-1 and R4A Districts in lower density growth management areas, the floor area ratio in the table in this Section may be increased by up to 20 percent provided that any such increase in floor area is located in any portion of a building covered by a sloping roof that rises at least seven inches in vertical distance for each foot of horizontal distance.
In R3, R4 and R5 Districts, the permitted floor area of a single- or two-family detached or semi-detached residence developed after June 30, 1989, may be increased by up to 300 square feet if at least one enclosed accessory off-street parking space is provided in a garage located, wholly or partly, in the side lot ribbon pursuant to Sections 23-12 (Permitted Obstructions in Open Space), paragraph (c), 23-443 (Location of garages in side yards of corner lots) or 23-444 (Location of garages in side yards of other zoning lots).
In R1-2A Districts and in R3, R4-1 and R4A Districts within lower density growth management areas, the permitted floor area of a single- or two-family detached or semi-detached residence may be increased by up to 300 square feet for one parking space and up to 500 square feet for two parking spaces provided such spaces are in a garage located, wholly or partly, in the side lot ribbon pursuant to Sections 23-12, paragraph (c), 23-443 or 23-444, except that in R1-2A Districts, such parking spaces need not be located in the side lot ribbon.
In R2A Districts, the permitted floor area may be increased by up to 300 square feet for a detached garage located in a rear yard, except where a parking space is provided within a building containing residences.
In R3 Districts, except for zoning lots containing single-, two- or three-family residences, 50 percent of the required open space on a zoning lot, except such open space in a front yard, shall have a minimum dimension of 12 feet and shall not be used for driveways, private streets, open or enclosed accessory off-street parking spaces or open or enclosed accessory off-street loading berths.
In R4 and R5 Districts, except for zoning lots containing single-, two- or three-family residences, 33 percent of the required open space on a zoning lot, except such open space in a front yard or, in R5D Districts, the open area between the street line and street wall of a building or its prolongation, shall have a minimum dimension of 12 feet and shall not be used for driveways, private streets, open or enclosed accessory off-street parking spaces, or open or enclosed accessory off-street loading berths.

23-143

Optional regulations for predominantly built-up areas

R4 R5

In the districts indicated without a letter suffix, the maximum floor area ratio and lot coverage and the minimum required open space for any zoning lot utilizing the special optional regulations of a predominantly built-up area are set forth in the following table:

District

Maximum Lot Coverage (in percent)

Minimum Required Open Space (in percent)

Maximum Floor Area Ratio

R4

55

45

1.35

R5

55

45

1.65

23-144

Affordable independent residences for seniors

R3-2 R4 R5

In the districts indicated, except R4-1, R4A, R4B, R5A, R5B and R5D Districts, the maximum lot coverage and maximum floor area ratio for affordable independent residences for seniors shall be as set forth in the table in this Section.

In R5D Districts, the open space and floor area regulations set forth in Section 23-142 (Open space and floor area regulations in R1 and R2 Districts with a letter suffix and R3 through R5 Districts) shall apply to affordable independent residences for seniors.

MAXIMUM FLOOR AREA RATIO FOR AFFORDABLE INDEPENDENT RESIDENCES FOR SENIORS IN R3-2, R4 AND R5 DISTRICTS

District

Maximum Lot Coverage (in percent)

Maximum Floor Area Ratio

R3-2

35

0.95

R4

45

1.29

R5

55

1.95

23-15

Open Space and Floor Area Regulations in R6 Through R10 Districts

R6 R7 R8 R9 R10

In the districts indicated, for any zoning lot, the minimum required open space or open space ratio shall not be less than set forth in this Section, and the maximum lot coverage shall not exceed the lot coverage as set forth in this Section. Any given lot area or area of open space shall be counted only once in determining the floor area ratio, the amount of open space or the open space ratio.

In R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X, R10A or R10X Districts, any building containing residences shall comply with the floor area ratio and lot coverage regulations for Quality Housing buildings set forth in Section 23-153 (For Quality Housing buildings).

In R6, R7, R8, R9 and R10 Districts without a letter suffix, buildings containing residences may be developed or enlarged pursuant to the basic floor area and open space regulations set forth in Section 23-151 (Basic regulations for R6 though R9 Districts) or 23-152 (Basic regulations for R10 Districts), as applicable, or the regulations for Quality Housing buildings set forth in Section 23-153.

All Quality Housing buildings shall also comply with additional provisions set forth in Article II, Chapter 8.

The applicable floor area ratio for the district may be increased for buildings on zoning lots containing affordable housing or affordable independent residences for seniors, pursuant to Sections 23-154 (Inclusionary Housing) or 23-155 (Affordable independent residences for seniors), as applicable.

Special lot coverage provisions for shallow zoning lots, and interior or through lots within 100 feet of corners or located along the short dimension of the block are set forth in Section 23-156 (Special lot coverage provisions for certain interior or through lots).

For zoning lots with buildings containing multiple uses or multiple buildings with different uses, the maximum floor area ratio for each use shall be as set forth in the applicable provisions of this Section, inclusive, or Section 24-10 (FLOOR AREA AND LOT COVERAGE REGULATIONS), inclusive, 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.

However, for zoning lots providing affordable independent residences for seniors and other residential uses, the total floor area allocated to uses other than affordable independent residences for seniors on the zoning lot shall not exceed the maximum floor area ratio permitted for residential uses set forth in Sections 23-151 or 23-153, as applicable. Furthermore, for such zoning lots providing affordable independent residences for seniors and other residential uses within R10 Districts or within Inclusionary Housing designated areas, the maximum floor area ratio on the zoning lot shall not exceed the base floor area ratio for the Inclusionary Housing Program set forth in Section 23-154 for the applicable district. Such base floor area ratio may be increased to the maximum floor area ratio set forth in such Section only through the provision of affordable housing pursuant to Section 23-90 (INCLUSIONARY HOUSING). Zoning lots used exclusively for affordable independent residences for seniors within R10 Districts or within Inclusionary Housing designated areas shall remain subject to the maximum floor area ratios set forth in Section 23-155.

Illustrative Examples

The following examples, although not part of the Zoning Resolution, are included to demonstrate the application of the floor area regulations to zoning lots with multiple uses, including affordable independent residences for seniors.

EXAMPLE 1

A zoning lot with a lot area of 50,000 square feet is being developed in an R7A District. The owner would like to include residential uses (other than affordable independent residences for seniors), community facility uses and affordable independent residences for seniors on the zoning lot.

Pursuant to Section 23-15 and Section 24-161, when residential uses and community facility uses are mixed on the same zoning lot, the maximum permitted floor area for each individual use shall be the amount set forth in Section 23-15 for residential uses (in R6 through R10 Districts), and the amount set forth in Section 24-11 for community facility uses. The sum of any combination of these uses cannot exceed the highest permitted floor area for a use provided on the zoning lot.

Individually, the permitted residential floor area ratio (except for affordable independent residences for seniors) is 4.0, pursuant to Section 23-153, the permitted community facility floor area ratio is 4.0, pursuant to Section 24-11, and the permitted floor area ratio for affordable independent residences for seniors is 5.01, pursuant to Section 23-155. The highest permitted floor area on the zoning lot, 5.01, is assigned to affordable independent residences for seniors, meaning that the maximum floor area on the zoning lot would be 250,500 square feet.

In addition, pursuant to Section 23-15, when other residential uses are mixed with affordable independent residences for seniors on the same zoning lot, the floor area allocated to such other residential uses cannot exceed the maximum residential floor area ratio of 4.0, or 200,000 square feet, as set forth in Section 23-153. In addition, pursuant to Section 24-161, the sum of all residential floor area - including both the affordable independent residences for seniors and other residential uses - cannot exceed the floor area ratio for affordable independent residences for seniors, which is the highest permitted residential floor area ratio. Any community facility use provided on the zoning lot will reduce the amount of residential floor area or affordable independent residences for seniors floor area on the zoning lot, or both.

Based on these mixing rules, the owner decides to construct the following: a 50,500 square foot building (1.01 floor area ratio) containing only an affordable independent residence for seniors and a second 200,000 square foot building with 50,000 square feet (1.0 floor area ratio) allocated to community facility uses and 150,000 square feet (3.0 floor area ratio) of residential uses (other than affordable independent residences for seniors).

In this second building, at a later time the community facility floor area could be converted to residential floor area, but under no conditions could the building containing affordable independent residences for seniors be changed to a residence not subject to the restrictions encompassed in the definition of affordable independent residence for seniors in Section 12-10.

EXAMPLE 2

A zoning lot within 100 feet of a wide street with a lot area of 50,000 square feet is being developed in an R7-2 District. The owner would like to include affordable independent residences for seniors, other residential uses and community facility uses on the zoning lot.

Pursuant to Sections 23-15 and 24-161, when residential uses and community facility uses are mixed on the same zoning lot, the maximum permitted floor area for each individual use shall be that set forth in Section 23-151 through 23-155 for residential uses in R6 through R10 Districts, and that set forth in Section 24-11 for community facility uses. The sum of any combination of these uses cannot exceed the highest permitted floor area for a use provided on the zoning lot.

Individually, the permitted residential floor area ratio, except for affordable independent residences for seniors, is 4.0 for a Quality Housing building pursuant to Section 23-153; the permitted community facility floor area ratio is 6.5 pursuant to Section 24-11; and the permitted floor area ratio for affordable independent residences for seniors is 5.01 pursuant to Section 23-155. The highest permitted floor area ratio on the zoning lot (6.5) is assigned to community facility uses, meaning the maximum floor area on the zoning lot would be 325,000 square feet. The owner wishes to provide 20 percent of floor area on the zoning lot as affordable independent residences for seniors, to utilize the additional height permitted pursuant to Section 23-664, and also wishes to maximize the amount of residential uses that can be constructed on the zoning lot. The owner will allocate the remaining floor area ratio on the zoning lot to community facility uses.

According to these priorities, a floor area ratio of 1.3 (6.5 x 20 percent), or 65,000 square feet, would be allocated to affordable independent residences for seniors. Pursuant to Section 23-15, when other residential uses are mixed with affordable independent residences for seniors, the floor area allocated to the other residential uses cannot exceed the residential floor area ratio and, pursuant to Section 24-161, the sum of both the affordable independent residences for seniors and the other residential uses cannot exceed the highest permitted residential floor area ratio of 5.01, which is the floor area ratio for affordable independent residences for seniors. This calculation would result in a floor area ratio of 3.71 (5.01 - 1.3 of floor area ratio), or 185,500 square feet being allocated to residential uses other than affordable independent residences for seniors. The remaining floor area on the zoning lot, which is to be allocated to community facility uses, would be equivalent to the difference between the affordable independent residence for seniors floor area ratio of 5.01 and the community facility floor area ratio of 6.5, which is a floor area ratio of 1.49, or 74,500 square feet.

Based on these figures, the owner decides to construct a 185,500 square foot or 3.71 floor area ratio building containing only residential uses (other than affordable independent residences for seniors) and a second 139,500 square foot, or 2.79 floor area ratio building, containing the affordable independent residences for seniors and community facility uses.

At a later time, the floor area allocated to residences in the first building can be converted to community facility uses, but in no event can the residential floor area be increased, because the maximum floor area ratio permitted for this uses has already been achieved. Similarly, under no conditions can the floor area in the building containing affordable independent residences for seniors be increased without reducing the amount of other residential uses contained within the first building.

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.

In addition to complying with the provisions Section 23-15, all zoning lots shall be subject to the provisions set forth in Section 23-22 (Maximum Number of Dwelling Units) as well as all other applicable bulk regulations as set forth in this Chapter.

23-151

Basic regulations for R6 through R9 Districts

R6 R7 R8 R9

In the districts indicated without a letter suffix, 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.

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:

1	=	O.S.R.	+	1
F.A.R.	=	100	+	H.F.

23-152

Basic regulations for R10 Districts

In R10 Districts, the floor area ratio on a zoning lot shall not exceed 10.0.

Notwithstanding any other provision of this Resolution, the maximum floor area ratio shall not exceed 12.0.

23-153

For Quality Housing buildings

R6 R7 R8 R9 R10

In the districts indicated, for Quality Housing buildings, the maximum floor area ratio and maximum residential lot coverage for interior lots or through lots shall be as set forth in the table in this Section. The maximum residential lot coverage for a corner lot shall be 100 percent.

MAXIMUM LOT COVERAGE AND FLOOR AREA RATIO FOR QUALITY HOUSING BUILDINGS

District	Maximum *Lot Coverage* for an *Interior Lot* or *Through Lot* (in percent)	Maximum *Floor Area Ratio*
R6	60	2.20
R6²	60	2.43
R6^1,3 R6A R7B	65	3.00
R6B	60	2.00
R7	65	3.44
R7¹ R7A	65	4.00
R7D	65	4.20
R7X	70	5.00
R8 R8A R8X	70	6.02
R8¹	70	7.20
R8B	70	4.00
R9 R9A	70	7.52
R9D R9X	70	9.00
R10	70	10.00

¹ for zoning lots, or portions thereof, located within 100 feet of a wide street in R6, R7 or R8 Districts without a letter suffix outside the Manhattan Core

² for zoning lots in an R6 District inside the Manhattan Core located within 100 feet of a wide street

³ for zoning lots in an R6 District without a letter suffix the maximum lot coverage for any MIH development utilizing the height and setback provisions of paragraph (c) of Section 23-664 in Mandatory Inclusionary Housing Program Area 1, as of May 24, 2017 in Community District 9 in the Borough of the Bronx and in Mandatory Inclusionary Housing Program Area 2, as of September 7, 2017, in Community District 14 in the Borough of Queens.

23-154

Inclusionary Housing

For developments or enlargements providing affordable housing pursuant to the Inclusionary Housing Program, as set forth in Section 23-90, inclusive, the maximum floor area ratio permitted in R10 Districts outside of Inclusionary Housing designated areas shall be as set forth in paragraph (a) of this Section, and the maximum floor area ratio in the Inclusionary Housing designated areas existing on March 22, 2016, shall be as set forth in paragraph (b) of this Section. Special provisions for specified Inclusionary Housing designated areas are set forth in paragraph (c) of this Section. Special floor area and lot coverage provisions for zoning lots in Mandatory Inclusionary Housing areas are set forth in paragraph (d) of this Section. For the purpose of this Section, defined terms include those set forth in Sections 12-10 and 23-911.

(a) R10 Districts outside of Inclusionary Housing designated areas

The residential floor area ratio of a compensated zoning lot may be increased from a base floor area ratio of 10.0 to a maximum floor area ratio of 12.0 at the rate set forth in this Section, if such compensated zoning lot provides affordable housing that is restricted to low income floor area.

For each square foot of floor area provided for a type of affordable housing listed in the table in this paragraph (a), the floor area of the compensated zoning lot may be increased by the amount of square feet set forth in the table, as applicable. Any generating site for which public funding has been received within the 15 years preceding the regulatory agreement date, or for which public funding is committed to be provided subsequent to such date, shall be deemed to be provided with public funding.

OPTIONS

Without *public funding*	*New construction affordable housing* or *substantial rehabilitation affordable housing*	3.5
Without *public funding*	*Preservation affordable housing*	2.0
With *public funding*	*New construction affordable housing, substantial rehabilitation affordable housing* or *preservation affordable housing*	1.25

(b) Inclusionary Housing designated areas

The residential floor area of a zoning lot may not exceed the base floor area ratio set forth in the table in this paragraph (b), except that such floor area may be increased on a compensated zoning lot by 1.25 square feet for each square foot of low income floor area provided, up to the maximum floor area ratio specified in the table, as applicable. However, the amount of low income floor area required to receive such floor area compensation need not exceed 20 percent of the total floor area, exclusive of ground floor non-residential floor area on the compensated zoning lot.

MAXIMUM RESIDENTIAL FLOOR AREA RATIO

District	Base *floor area ratio*	Maximum *floor area ratio*
R6B	2.00	2.20
R6¹	2.20	2.42
R6² R6A R7-2¹	2.70	3.60
R7A R7-2²	3.45	4.60
R7-3	3.75	5.0
R7D	4.20	5.60
R7X	3.75	5.00
R8	5.40	7.20
R9	6.00	8.00
R9A	6.50	8.50
R9D	7.5	10.0
R9X	7.3	9.70
R10	9.00	12.00

¹for zoning lots, or portions thereof, beyond 100 feet of a wide street

² for zoning lots, or portions thereof, within 100 feet of a wide street

(c) Special provisions for specified Inclusionary Housing designated areas

(1) Optional provisions for large-scale general developments in C4-6 or C5 Districts

Within a large-scale general development in a C4-6 or C5 District, the special optional regulations as set forth in this paragraph (c)(1), inclusive, modify the provisions of paragraph (b) of this Section:

(i) The residential floor area of a development or enlargement may be increased by 0.833 square feet for each one square foot of moderate income floor area, or by 0.625 square feet for each one square foot of middle income floor area, provided that for each square foot of such floor area compensation there is one square foot of floor area compensation, pursuant to paragraph (b) of this Section;

(ii) However, the amount of affordable housing required to receive such floor area compensation need not exceed the amounts specified in this paragraph, (c)(1)(ii). If affordable housing is provided for both low income and moderate income households, the amount of moderate income floor area need not exceed 15 percent of the total floor area, exclusive of ground floor non-residential floor area, on the zoning lot, provided that the amount of low income floor area is at least 10 percent of the total floor area, exclusive of ground floor non-residential floor area, on the zoning lot. If affordable housing is provided for both middle income households and low income households, the amount of middle income floor area need not exceed 20 percent of the total floor area, exclusive of ground floor non-residential floor area, on the zoning lot, provided that the amount of low income floor area is at least 10 percent of the total floor area, exclusive of ground floor non-residential floor area, on the zoning lot.

For the purposes of this paragraph, (c)(1), inclusive, low income floor area may be considered moderate income floor area or middle income floor area, and moderate income floor area may be considered middle income floor area.

(2) Special provisions for large-scale general developments in Community District 1 in the Borough of Queens

Special provisions shall apply to zoning lots within a large-scale general development that contains R6B, R7A and R7-3 Districts within an Inclusionary Housing designated area, as follows:

(i) For zoning lots, or portions thereof, that are located within R6B, R7A or R7-3 Districts, the base floor area ratio set forth in paragraph (b) of this Section shall not apply. No residential development or enlargement shall be permitted unless affordable floor area is provided pursuant to the provisions of this paragraph. The amount of low-income floor area provided shall equal no less than 10 percent of the floor area on such zoning lot, excluding any ground floor non-residential floor area, floor area within a school, or any floor area increase resulting from the provision of a FRESH food store and the amount of moderate-income floor area provided shall equal no less than 15 percent of the floor area on such zoning lot, excluding any ground floor non-residential floor area, floor area within a school, or any floor area increase resulting from the provision of a FRESH food store. For the purposes of this paragraph (c)(2)(i), inclusive, low income floor area may be considered moderate income floor area; and

(ii) The amount of affordable floor area utilizing public funding that may count toward satisfying the affordable floor area required in paragraph (c)(2)(i) of this Section shall be determined in accordance with procedures prescribed by the City Planning Commission pursuant to the provisions of Section 74-743 (Special provisions for bulk modification).

(3) Special provisions for compensated zoning lots

Special provisions shall apply to compensated zoning lots located within:

(i) R6, R7-3 and R8 Districts on waterfront blocks in Inclusionary Housing designated areas within Community District 1, Borough of Brooklyn, as set forth in Section 62-352; or

(ii) the Special Hudson Yards District, Special Clinton District and Special West Chelsea District, as set forth in Sections 93-23, 96-21 and 98-26, respectively.

(d) Special floor area provisions for zoning lots in Mandatory Inclusionary Housing areas

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 73-624 (Reduction or modification of Mandatory Inclusionary Housing requirements), or as provided in paragraph (d)(4) of this Section 23-154, no residential development, enlargement or conversion from non-residential to residential use shall be permitted unless affordable housing, as defined in Section 23-911 (General definitions) is provided or a contribution is made to the affordable housing fund, as defined in Section 23-911, pursuant to the provisions set forth in paragraph (d)(3)(i) through (d)(3)(v) and (d)(5) of this Section, inclusive.

(2) Maximum floor area ratio and maximum lot coverage

The maximum floor area ratio for the applicable zoning district in Inclusionary Housing designated areas set forth in paragraph (b) of this Section and the maximum lot coverage for the applicable zoning district set forth in Section 23-153 shall apply to the applicable zoning district in a Mandatory Inclusionary Housing area, except:

(i) in an R6 District, without a letter suffix, the maximum floor area ratio shall be 3.6 in the following areas:

(a) Mandatory Inclusionary Housing Program Area 1, as of May 24, 2017, in Community District 9 in the Borough of the Bronx; and

(b) Mandatory Inclusionary Housing Program Area 2, as of September 7, 2017, in Community District 14 in the Borough of Queens.

(ii) in an R6-1 District, the maximum floor area ratio shall be 3.6, and the maximum lot coverage for interior lots or through lots shall be 65 percent;

(iii) in an R7-1 or R7-2 District, the maximum floor area ratio shall be 4.6, except that the maximum floor area ratio for an R7-2 District in a Mandatory Inclusionary Housing area in Community District 5, Borough of Brooklyn, mapped on or before April 20, 2016, shall be as set forth in paragraph (b) of this Section;

(iv) in an R7-3 or R7X District, the maximum floor area ratio shall be 6.0; and

(v) in an R9-1 District the maximum floor area ratio shall be 9.0.

In addition, in R6, R7-1, R7-2, R8 and R9 Districts without a letter suffix, where the basic height and setback requirements are utilized pursuant to paragraph (b) of Section 23-952, the maximum floor area ratio shall be determined in accordance with the provisions of Section 23-151 (Basic regulations for R6 through R9 Districts).

For any development, enlargement or conversion from non-residential to residential use that is subject to the provisions of paragraph (d)(4) of this Section, the maximum floor area ratio or maximum lot coverage for the applicable district outside of Inclusionary Housing designated areas or Mandatory Inclusionary Housing areas shall apply.

(3) Options for compliance with affordable housing requirement

Options for compliance with the affordable housing requirement of paragraph (d)(1) of this Section are set forth in the following paragraphs (d)(3)(i) through (d)(3)(v). These options shall be applicable within Mandatory Inclusionary Housing areas as indicated in APPENDIX F of this Resolution. The Deep Affordability Option or the Workforce Option shall only be made applicable in combination with Option 1 or Option 2. Regardless of whether every option specified in this paragraph (d)(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 (d)(3), inclusive, shall be part of the subject matter of each such application throughout the land use review process. The Workforce Option 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, the Deep Affordability Option, the Workforce Option, or the Affordable Housing Fund Option, as applicable.

When a building containing residences is enlarged, the following shall be considered part of the enlargement for the purposes of this paragraph (d)(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.

(i) 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.

(ii) 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.

(iii) Deep Affordability Option

For MIH developments utilizing the Deep Affordability Option, 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.

(iv) Workforce Option

For MIH developments utilizing the Workforce Option, 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 5 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.

The Workforce Option 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, the Workforce Option shall apply to an MIH development that has filed an MIH 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 Workforce Option in such Mandatory Inclusionary Housing area.

The Workforce Option shall not be permitted to be utilized for any development, enlargement, or conversion from non-residential to residential use within the Manhattan Core.

(v) 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.

(4) Exceptions

The requirements of paragraph (d) of this Section shall not apply to:

(i) 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;

(ii) a development, enlargement, or conversion from non-residential to residential use containing no residences other than affordable independent residences for seniors; or

(iii) a development, enlargement, or conversion from non-residential to residential use that is granted a full waiver of the requirements set forth in paragraph (d)(3), inclusive, of this Section by special permit of the Board of Standards and Appeals pursuant to Section 73-624 (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 23-96 (Requirements for Generating Sites or MIH Sites), the amount of affordable floor area required pursuant to paragraphs (d)(3)(i) through (d)(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 (d)(3)(i) through (d)(3)(iv) of this Section, as applicable to the MIH development.

23-155

Affordable independent residences for seniors

R6 R7 R8 R9 R10

In the districts indicated, the maximum floor area ratio for affordable independent residences for seniors utilizing the Quality Housing bulk regulations shall be as set forth in the table in this Section.

In R6, R7, R8, R9 or R10 Districts without a letter suffix, the maximum floor area ratio and open space ratio for affordable independent residences for seniors utilizing the basic bulk regulations shall be as set forth for residential uses in Sections 23-151 (Basic regulations for R6 through R9 Districts) and 23-152 (Basic regulations for R10 Districts), as applicable.

MAXIMUM FLOOR AREA RATIO FOR AFFORDABLE INDEPENDENT RESIDENCES FOR SENIORS IN QUALITY HOUSING BUILDINGS

District	Maximum *Floor Area Ratio*
R6 R6A R7B	3.90
R6B	2.20
R7-1 R7-2 R7A	5.01
R7D	5.60
R7-3 R7X	6.00
R8 R8A R8X	7.20
R8B	4.00
R9	8.00
R9-1	9.00
R9A	8.50
R9X	9.70
R9D	10.00
R10 R10A R10X	12.00

23-156

Special lot coverage provisions for certain interior or through lots

R6 R7 R8 R9 R10

In the districts indicated, the maximum lot coverage set forth in Section 23-153 (For Quality Housing buildings), may be increased for shallow zoning lots in accordance with paragraph (a) of this Section, and may be increased for interior or through lots within 100 feet of corners or located along the short dimension of the block, in accordance with paragraph (b) of this Section.

(a) Shallow zoning lots

The maximum lot coverage for shallow interior or through lots may be increased as follows:

(1) For shallow interior lots

In the districts indicated, if an interior lot 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 is less than 90 feet deep at any point, 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 90 feet. 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.

(2) For shallow through lots

In the districts indicated, if a through lot 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 is less than 180 feet deep at any point, 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 180 feet. 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.

(3) Special provisions for zoning lots created after December 15, 1961

Notwithstanding the provisions of paragraphs (a)(1) and (a)(2) of this Section, the special lot coverage provisions of this Section may be applied to a zoning lot, or portion thereof, created after December 15, 1961, provided that the shallow lot condition was in existence on December 15, 1961, and subsequently such shallow lot condition on the zoning lot, or portion thereof, has neither increased nor decreased in depth.

(4) For zoning lots with shallow portions

Where a portion of a zoning lot is less than 90 feet for an interior lot, or 180 feet for a through lot, an adjusted maximum lot coverage shall be established for the zoning lot by multiplying the maximum percent of lot coverage permitted for the shallow portion of the zoning lot established pursuant to paragraphs (a)(1) or (a)(2) of this Section by the percentage such portion constitutes of the lot area of the zoning lot, and by multiplying the maximum percent of lot coverage permitted for the non-shallow portion of the zoning lot established pursuant to Section 23-153 (For Quality Housing buildings) by the percentage such portion constitutes of the lot area of the zoning lot. The sum of the areas of lot coverage thus obtained shall be the adjusted maximum percent of lot coverage for the zoning lot.

(5) Maximum coverage

In no event shall the maximum lot coverage of an interior lot or through lot exceed 80 percent. Shallow portions of a zoning lot may exceed such maximum, so long as the adjusted maximum lot coverage set forth in paragraph (a)(4) of this Section complies with such maximum.

(b) Within 100 feet of corners or along the short dimension of the block

The maximum lot coverage for interior or through lots, or portions thereof, within 100 feet of the corner, or located along the short dimension of the block, may be increased as follows:

(1) Within 100 feet of the corner

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.

(2) Along the short dimension of the block

In the districts indicated, whenever a front lot line of an interior or through lot coincides with all or part of a street line measuring less than 230 feet in length between two intersecting streets, the maximum lot coverage for such zoning lot, or portion thereof, shall be 100 percent within 100 feet of such front lot line.

23-16

Special Floor Area and Lot Coverage Provisions for Certain Areas

The floor area ratio provisions of Sections 23-14 (Open Space and Floor Area Regulations in R1 Through R5 Districts) and 23-15 (Open Space and Floor Area Regulations in R6 Through R10 Districts), inclusive, shall be modified for certain areas, as follows:

(a) For standard tower and tower-on-a-base buildings in R9 and R10 Districts

(1) In R9 Districts, for zoning lots where buildings are developed or enlarged pursuant to the tower-on-a-base provisions of Section 23-651, the maximum floor area ratio shall be 7.52, and the maximum lot coverage shall be 100 percent on a corner lot and 70 percent on an interior lot.

(2) In R9 and R10 Districts, for zoning lots containing a building that is developed or enlarged pursuant to the applicable tower regulations of Section 23-65 (Tower Regulations), inclusive, 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:

(i) occupies the predominant portion of a story;

(ii) is located above the base plane or curb level, as applicable, and below the highest story containing residential floor area; and

(iii) 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.

(b) For R10 Districts in Community District 7 in the Borough of Manhattan

Within the boundaries of Community District 7 in the Borough of Manhattan, in R10 Districts, except R10A or R10X Districts, the maximum floor area ratio shall be 10.0. No floor area bonuses shall be permitted except as granted by the City Planning Commission pursuant to the provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements).

(c) For R8 Districts in Community District 9 in the Borough of 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 Quality Housing Program and are subject to the floor area regulations set forth in Section 23-153 (For Quality Housing buildings).

(d) Optional provisions for certain R5 and R6 Districts in Community District 12 in the Borough of Brooklyn

Within the area bounded by 39th Street, Dahill Road, Ditmas Avenue, McDonald Avenue, Bay Parkway, 61st Street and Fort Hamilton Parkway in Community District 12, in the Borough of Brooklyn, special optional provisions are established for zoning lots containing buildings used exclusively as single-, two- or three-family residences, as set forth in this Section. Except as modified by the express provisions of this Section, the regulations of R5 and R6 Districts remain in effect.

(1) Floor area, lot coverage, open space, density and height factor regulations

Where the optional provisions of this Section are applied, the regulations of Article II, Chapter 3, relating to floor area ratio, open space, density and height factor are hereby made inapplicable. In lieu thereof, the maximum floor area ratio for a corner lot shall not exceed 1.65 and the floor area ratio for an interior or through lot shall not exceed 1.8 in R5 Districts and 1.95 in R6 Districts. Notwithstanding the definition of floor area in Section 12-10, the lowest story shall be included in the definition of floor area, and floor space used for accessory off-street parking spaces shall be included in the definition of floor area unless such spaces are located in a cellar. The lot coverage for a corner lot shall not exceed 55 percent and the lot coverage for an interior or through lot shall not exceed 60 percent in R5 Districts and 65 percent in R6 Districts.

(2) Building height

No building shall exceed a height of 35 feet above curb level, or three stories, whichever is less. Where the optional provisions of this Section are applied, the regulations of Article II, Chapter 3, relating to height and setback, are hereby made inapplicable, except that the provisions of Section 23-62 (Permitted Obstructions) shall apply.

(3) Front yards

In R5 Districts, the following front yard regulations are applicable. 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. If the depth of the front yard exceeds 10 feet, such front yard shall have a depth of not less than 18 feet. In R6 Districts, a front yard is not required.

(4) Side yards

In R5 Districts, the following side yard regulations shall apply:

(i) Where an existing building on an adjacent zoning lot is located on the common side lot line, no side yard is required. However, if an open area extending along such common side lot line is provided, it shall be at least eight feet wide.

(ii) Where an existing building on an adjacent zoning lot is located less than eight feet from, but not on, the common side lot line, a side yard at least four feet wide is required. However, in no case shall the distance between a new or enlarged building and an existing building across a common side lot line on an adjacent zoning lot be less than eight feet.

(iii) Where an adjacent zoning lot is vacant or where an existing building on an adjacent zoning lot is located more than eight feet from the common side lot line, a side yard at least four feet wide is required.

(iv) In R6 Districts, a side yard is not required. However, when a building is 62 feet or more in depth, an eight foot side yard or an outer court, as set forth in paragraph (d)(6) of this Section, is required.

(v) Notwithstanding the provisions of paragraphs (d)(1) and (d)(3) of this Section, detached single-, two- and three-family residences on corner lots shall provide side yards of five feet and 20 feet. Semi-detached single-, two- and three-family residences on corner lots shall provide one side yard of 20 feet.

(5) Rear yards

Single- or two-family residences consisting of detached, semi-detached or zero lot line buildings may project up to 10 feet into a required rear yard or rear yard equivalent, provided that there is a side yard of at least eight feet for such semi-detached or zero lot line buildings, and that the total width of side yards for a detached building is at least eight feet.

(6) Outer court and minimum distance between legally required windows and walls or lot lines

In R6 Districts, the outer court provisions of Section 23-84 are modified as follows: an outer court shall have a minimum width of 10 feet and a depth of not more than twice the width.

Where a building is attached, along a common side lot line, to a portion of an existing or new building on an adjacent zoning lot, there may be a joint outer court with a minimum width of 10 feet across such common side lot line. The requirements of Section 23-86 (Minimum Distance Between Legally Required Windows and Walls or Lot Lines) are hereby made inapplicable.

(7) Off-street parking in R5 and R6 Districts

No accessory off-street parking is required in R5 and R6 Districts.

23-17

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 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 Commission, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).

23-18

Special Provisions for Zoning Lots Divided by District Boundaries

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

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

23-21

Required Floor Area per Dwelling Unit

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

This Section shall apply to existing buildings in which the number of dwelling units is increased as well as to all new development.

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

In all districts, as indicated, the floor area requirement per dwelling unit shall not be less than as set forth in this Section, except as provided in Sections 23-24 (Special Provisions for Buildings Containing Multiple Uses) or Section 23-25 (Special Provisions for Existing Small Zoning Lots).

23-22

Maximum Number of Dwelling Units

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the maximum number of dwelling units shall equal the maximum residential floor area permitted on the zoning lot divided by the applicable factor in the following table. In R1 through R5 Districts, no rooming units shall be permitted and any dwelling unit shall be occupied by only one family. Fractions equal to or greater than three-quarters resulting from this calculation shall be considered to be one dwelling unit.

For the purposes of this Section, where a floor area ratio is determined pursuant to Section 23-151 (Basic regulations for R6 through R9 Districts), notwithstanding the height factor of the zoning lot, the maximum residential floor area ratio shall be 2.43 in an R6 District within 100 feet of a wide street, 3.44 in an R7 District and 6.02 in an R8 District. In an R6 District beyond 100 feet of a wide street, the maximum residential floor area ratio shall be as specified in Section 23-151, or 2.2, whichever is greater.

For affordable independent residences for seniors, there shall be no applicable dwelling unit factor.

For zoning lots with buildings containing multiple uses or multiple buildings with different uses, special provisions are set forth in Section 23-24 (Special Provisions for Buildings Containing Multiple Uses) to determine the maximum number of dwelling units permitted.

FACTOR FOR DETERMINING MAXIMUM NUMBER OF DWELLING UNITS

District

Factor for Dwelling Units

R1-1

4,750

R1-2

2,850

R2 R2A

1,900

R2X

2,900

R3-1 R3-2¹

625

R3A

710

R3-2 R4 R4-1 R4B

870

R3X

1,000

R4A

1,280

R4² R5² R5B

900

R5 R5D

760

R5A

1,560

R5B³

1,350

R6 R7 R8 R9 R10

680

¹ for single- and two-family detached and semi-detached residences

² for residences in a predominantly built-up area

³ 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

23-23

Minimum Size of Dwelling Units

R3 R4 R5

(a) In the districts indicated, for all buildings other than affordable independent residences for seniors, each dwelling unit shall contain at least 300 square feet of floor area. For affordable independent residences for seniors, each dwelling unit shall contain at least 325 square feet of floor area.

R3 R4-1 R4A

(b) In the districts indicated, for all two-family detached and, where permitted, two-family semi-detached and zero lot line buildings, one dwelling unit shall contain at least 925 square feet.

R6 R7 R8 R9 R10

(c) In the districts indicated, for affordable independent residences for seniors, each dwelling unit shall contain at least 325 square feet of floor area.

23-24

Special Provisions for Buildings Containing Multiple Uses

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, for zoning lots with buildings containing multiple uses or multiple buildings with different uses, the maximum number of dwelling units permitted on the zoning lot shall equal the maximum residential floor area permitted on the zoning lot, divided by the applicable factor in Section 23-22 (Maximum Number of Dwelling Units). For the purposes of such calculation, the maximum residential floor area permitted on the zoning lot shall equal the applicable total floor area permitted on the zoning lot, minus the amount of non-residential floor area and floor area allocated to affordable independent residences for seniors. 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.

Illustrative Examples

The following examples, although not part of the Zoning Resolution, are included to demonstrate the application of density regulations to buildings or zoning lots containing multiple uses.

For a 25,000 square foot zoning lot outside a predominantly built-up area of an R5 District, the owner is looking to construct two buildings of similar size ― one that is a mix of affordable independent residences for seniors and community facility uses and one that is exclusively residential uses other than affordable independent residences for seniors. For this zoning lot, the maximum permitted community facility FAR is 2.0, the maximum permitted FAR for affordable independent residences for seniors is 1.95 and the maximum permitted FAR for other residential uses is 1.25, provided the total FAR for all uses on the zoning lot does not exceed 2.0, pursuant to Section 23-14. If this zoning lot is developed with 0.25 FAR of community facility use and 0.75 FAR of affordable independent residences for seniors, the maximum residential floor area ratio for residences other than affordable independent residences for seniors permitted for the residential building is 1.0. The maximum number of dwelling units permitted on the zoning lot is 33 (25,000 x 1.0 divided by a factor of 760, pursuant to Section 23-22).

For a 10,000 square foot zoning lot in an R8A District, the owner is looking to construct a building with a mix of community facility and residential uses. For this zoning lot, the maximum permitted community facility FAR is 6.5 and the maximum permitted FAR for residential uses is 6.02, provided the total FAR for all uses on the zoning lot does not exceed 6.5, pursuant to Section 23-15. If this zoning lot is developed with 1.0 FAR of community facility use, the maximum residential floor area ratio permitted for such building is 5.5. The maximum number of dwelling units permitted on the zoning lot is 81 (10,000 x 5.5 divided by a factor of 680, pursuant to Section 23-22).

23-25

Special Provisions for Existing Small Zoning Lots

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, notwithstanding the provisions of Section 23-22 (Maximum Number of Dwelling Units), one single-family detached residence or, where permitted, one single-family residence, may be built upon a zoning lot consisting entirely of a tract of land that 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.

23-26

Special Provisions for Zoning Lots Divided by District Boundaries

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

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 requirements for density, the provisions set forth in Article VII, Chapter 7, shall apply.

23-31

Definitions

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

23-32

Minimum Lot Area or Lot Width for Residences

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, except as provided in Section 23-33 (Special Provisions for Development of Existing Small Lots), no residence is 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*	Minimum *Lot Area* (in sq. ft)	Minimum *Lot Width* (in ft)	District
*Single-family* *detached*	9,500	100	R1-1
	5,700	60	R1-2
	3,800	40	R2 R2A
	2,850	30	R2X
*Single-* or *two-family* *detached* or *zero lot line* where permitted	3,800	40	R3-1 R3-2 R4-R10
	3,325	35	R3X
	2,850	30	R4A* R5A
	2,375	25	R3A* R4-1* R4B R5B R5D
Any other permitted	1,700	18	R3-R10*

^* In lower density growth management areas, for two-family detached and two-family zero lot line residences, where permitted, in R3A, R4-1 and R4A Districts, and for two-family semi-detached residences in R3-1, R3-2 and R4-1 Districts, the minimum lot area shall be 3,135 square feet and the minimum lot width shall be 33 feet.

However, in lower density growth management areas in the Borough of Staten Island, the following rules shall apply:

(a) Where two or more buildings that are single- or two-family detached or semi-detached 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.

(b) The lot width requirements set forth in this Section shall be applied as set forth in the definition of lot width in Section 12-10, provided that the applicable lot width, in feet, set forth in the table shall be met along at least one street line of the zoning lot or, for corner lots, along each intersecting street line. No residence, or portion thereof, shall be permitted between opposing side lot lines where such lot lines would be nearer to one another at any point where such residence is located than the applicable minimum lot width, in feet, set forth in the table.

23-33

Special Provisions for Development of Existing Small Lots

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, either one single-family detached residence or, where permitted, one single- or two-family residence may be developed upon a zoning lot that:

(a) has less than the prescribed minimum lot area or lot width or, in lower density growth management areas in the Borough of Staten Island, does not comply with the provisions of Section 23-32 (Minimum Lot Area or Lot Width for Residences);

(b) 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 or, in R2X, R3A, R3X or R4A Districts, both on the effective date of establishing such district on the zoning maps and on the date of application for a building permit or, in lower density growth management areas, both on December 8, 2005, and on the date of application for a building permit; and

(c) if developed as a two-family residence, meets the applicable density requirement of the zoning district in which such zoning lot is located.

23-34

Special Provisions for Zoning Lots Divided by District Boundaries

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, whenever a zoning lot is divided by a boundary between districts with different requirements for minimum lot area or lot width for residences, the provisions set forth in Article VII, Chapter 7, shall apply.

23-35

Special Provisions for Zoning Lots Containing Certain Community Facility Uses in Lower Density Growth Management Areas

In R1, R2, R3-1, R3A, R3X, R4-1 and R4A Districts in lower density growth management areas, the minimum lot area and lot width regulations of this Section shall apply to any zoning lot containing buildings used for:

(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 service, 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.

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. Where such uses are located in the same building, the minimum lot area 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.

23-41

Definitions

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

23-42

Level 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 as otherwise provided in Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

23-43

Measurement of Yard Width or Depth

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

23-44

Permitted Obstructions in Required Yards or Rear Yard Equivalents

†

In all Residence Districts, the obstructions set forth in this Section, inclusive, shall be permitted within a required yard or rear yard equivalent.

23-441

General permitted obstruction allowances

†

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

In any yard or rear yard equivalent:
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. Bicycles 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;
In any rear yard or rear yard equivalent:
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 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.

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.

23-442

Additional permitted obstructions

†

In all Residence Districts, the obstructions set forth in Section 23-441 (General permitted obstruction allowances), as well as the following obstructions, shall be permitted within a required yard or rear yard equivalent:

In any yard or rear yard equivalent:
1. Balconies, unenclosed, of a building containing residences subject to the applicable provisions of Section 23-13. Such balconies are not permitted in required side yards;
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 building in R4 and R5 Districts, except R4-1, R4A, R4B, R5A, R5B or R5D Districts, which are above the first story including the basement and which project not more than three feet into the required 18-foot 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, provided that:
  1. in R1, R2, R3-1, R3A, R3X, R4-1, R4A and R5A Districts, except in lower density growth management areas, such spaces meet all the requirements of paragraph (a) of Section 25-621 (Location of parking spaces in certain districts);
  2. in R3-2 Districts, R4 Districts other than R4-1, R4A and R4B Districts, and R5 Districts other than R5A, R5B and R5D Districts, such spaces meet all the requirements of paragraph (b) of Section 25-621;
  3. in lower density growth management areas, such spaces are non-required and are located in a driveway that accesses parking spaces that are located behind the street wall of the building or prolongation thereof;
    
    However, no parking spaces of any kind shall be permitted in any front yard in an R4B, R5B or R5D 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 26-60 (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 R10 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;
In any rear yard or rear yard equivalent:
1. Balconies, unenclosed, subject to the provisions of Section 23-13;
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. Furthermore, if located in an R1 District, such building may not be nearer than five feet to a rear lot line or side lot line. In R2A Districts, detached garages shall be included in lot coverage;
  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 10 feet above adjoining grade, including the apex of a pitched roof in R3, R4 or R5 Districts, or 15 feet above curb level or base plane, as applicable, in R6, R7, R8, R9 or R10 Districts. In addition, decks, parapet walls, roof thickness, skylights, vegetated roofs, and weirs, as set forth in Section 23-62 (Permitted Obstructions), 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 Quality Housing buildings containing affordable independent residences for seniors on zoning lots meeting the criteria set forth in paragraph (a)(4) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), provided that:
  1. such zoning lot is located in an R6 through R10 District other than an R6B, R7B or R8B District;
  2. the height of such building portion does not exceed one story, or 15 feet above the adjoining grade, whichever is less;
  3. such building portion is located within 100 feet of a wide street; 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 23-62 (Permitted Obstructions), 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.

23-443

Location of garages in side yards of corner lots

†

In all Residence Districts, on corner lots, enclosed accessory off-street parking spaces shall be considered permitted obstructions in any portion of a side yard which is within 30 feet of both side lot lines, provided that, in an R1 or R2A District, on a corner lot whose mean width is 45 feet or more, no structure used for such purposes shall be less than five feet from any side lot line. In R2A Districts, detached garages shall be included in lot coverage.

23-444

Location of garages in side yards of other zoning lots

†

In all Residence Districts, on zoning lots other than corner lots, where no rear yard is required under the provisions of Sections 23-541 (Within one hundred feet of corners) or 23-542 (Along short dimension of block), enclosed accessory off-street parking spaces shall be considered permitted obstructions in any portion of a side yard that is within 30 feet of the rear lot line.

23-45

Minimum Required Front Yards

R1 R2 R3 R4 R5

(a) 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 and, for a corner lot in an R3 District, one front yard may have a depth of 10 feet.

Front Yard	District
20 feet	R1
20 feet*	R1-2A
15 feet	R2 R2X R3-1 R3-2
15 feet*	R2A
10 feet*	R3A R3X R4-1 R4A R5A
10 feet**	R4 R5
5 feet*	R4B R5B R5D

^{* Except as provided in paragraphs (b) and (c) of this Section}

^{** If the depth of a front yard exceeds 10 feet, the depth of the front yard shall be at least 18 feet. Furthermore, developments or enlargements pursuant to the optional regulations applicable in a predominantly built-up area shall provide a front yard with a depth of at least 18 feet. However, on a corner lot, if one front yard has a depth of at least 18 feet, the other front yard shall have a depth of at least 10 feet}

Furthermore, if an opening to an accessory off-street parking space is located within the street wall of a building containing residences, there shall be an open area between the opening and the street line which is at least 8 feet, six inches in width by 18 feet in depth, except this provision shall not apply in R5D Districts.

R1-2A R2A R3A R3X R4-1 R4A R4B R5A R5B R5D

(b) For the purpose of paragraphs (b) and (c) the area between the street line and the front building wall of adjacent buildings on the same or adjoining zoning lots shall be considered adjacent front yards.

Except as provided in paragraph (c) of this Section, in the districts indicated, if adjacent buildings containing residences on the same or on adjoining zoning lots fronting on the same street have front yards greater than the minimum set forth in paragraph (a) of this Section, then a front yard shall be provided which:

(1) in R1-2A, R2A, R3A, R3X, R4-1, R4A or R5A Districts is at least as deep as an adjacent front yard; and

(2) in R4B, R5B or R5D Districts is no deeper than the deepest adjacent front yard and no shallower than the shallowest adjacent front yard.

However, a front yard need not exceed 20 feet in depth, except that in R1-2A Districts, a front yard need not exceed 25 feet in depth.

In determining the depth of the adjacent front yards, balconies and projections from the front building wall that do not exceed 33 percent of the width of the building shall be disregarded.

For developments or enlargements, projections into the required front yard are permitted provided that the width of all projections at the level of any story does not exceed 33 percent of the width of the building. The depth of such projections shall not exceed three feet into the front yard. However, balconies shall be subject to the provisions of Sections 23-13 (Balconies) and 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

(c) The provisions of paragraph (b) of this Section determining the depth of a front yard by the location of a front yard on an adjacent zoning lot, are modified as follows:

(1) on corner lots, these provisions shall apply on only one street frontage; and

(2) these provisions shall not apply to:

(i) any street frontage of a zoning lot where such frontage has a length of at least 150 feet along such street;

(ii) any zoning lot located in historic districts designated by the Landmarks Preservation Commission; or

(iii) a frontage of any zoning lot where the depths of 50 percent of the front yards within 150 feet of the side lot lines of such zoning lot are shallower by more than two feet than the shallowest of the adjacent front yards.

R1 R2 R3 R4 R5

(d) For any zoning lot located in a Historic District designated by the Landmarks Preservation Commission, the provisions of paragraphs (a) and (b) of this Section are modified as follows:

The depth of the front yard may vary between the requirements of paragraph (a) of this Section, or as modified in any applicable Special District, and the depth of the front yard of any adjacent zoning lot.

23-451

Planting requirement

R1 R2 R3 R4 R5

In the districts indicated, a minimum percentage of the area of the front yard shall be planted, which shall vary by street frontage of the zoning lot as set forth in the following table. For the purposes of this Section, the front yard shall include the entire area between all street walls of the building and their prolongations and the street line. 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. Any planted area within a driveway or parking space shall not qualify towards meeting the minimum planting requirements of this Section. For through lots or corner lots, the planting requirement of this Section shall be applied separately to each street frontage. For corner lots, planted areas of overlapping portions of front yards shall only be counted towards the planting requirement of one front yard. For zoning lots with multiple building segments, the planting requirement of this Section shall be applied separately to the entire area between the street wall of each building segment and the street line.

Where multiple buildings on a single zoning lot front upon the same street, the planting requirements of this Section shall be determined by the street frontage allocated to the area occupied by each such building and applied separately to the entire area between the street line and the street wall of each building and its prolongation. The allocation of planting requirements to open areas between buildings shall be determined by dividing such open area evenly, with an equal portion attributed to each building on both sides of such open area.

Any zoning lot occupied by a building constructed after April 30, 2008, shall provide planted areas in accordance with the provisions of this Section. Any zoning lot occupied by a building constructed prior to such date shall not be altered in any way that will either create new non-compliance or increase the degree of non-compliance with the provisions of this Section.

*Street* frontage of *zoning lot, street wall* width of *building segment, or street* frontage allocated to each of multiple *buildings* on a single *zoning lot*, as applicable	Percentage of *front yard* to be planted (minimum)
Less than 20 feet	20
20 to 34 feet	25
35 to 59 feet	30
60 feet or greater	50

23-46

Minimum Required Side Yards

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, side yards shall be provided on any zoning lot as specified in this Section, except as otherwise provided in the following Sections:

Section 23-48        (Special Provisions for Existing Narrow Zoning Lots)

Section 23-49        (Special Provisions for Side Lot Line Walls)

Section 23-51        (Special Provisions for Yards Adjacent to R1 Through R5 Districts)

23-461

Side yards for single- or two-family residences

†

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

(a) Detached and zero lot line buildings

In all districts, as indicated, for zoning lots containing only single-family detached residences or, where permitted, for two-family detached residences or single- or two-family residences in zero lot line buildings, or any combination thereof, side yards shall be provided as set forth in the table in this paragraph, except that on corner lots in R1, R2, R3, R4 and R5 Districts, one side yard shall be at least 20 feet in width:

MINIMUM REQUIRED SIDE YARDS

Number Required	Required Total Width (in feet)	Required Minimum Width of any *Side Yard* (in feet)	District
2	35	15	R1-1
2	20	8	R1-2
2	13	5	R2 R2A R3-1 R3-2 R4-R10
2	10*	2*	R2X R3X R4A R5A
1	8*	0*	R3A R4-1 R4B R5B R5D

^* Additional regulations apply pursuant to paragraph (c) of this Section

R3-1 R3-2 R4 R4-1 R4B R5

(b) Semi-detached buildings

In the districts indicated, for zoning lots containing only single- or two-family semi-detached residences, a side yard shall be provided as set forth in the table in this paragraph, except that on corner lots, one side yard shall be at least 20 feet in width:

MINIMUM REQUIRED SIDE YARD

Feet	District
8	R3-1 R3-2 R4 R5
4*	R4-1 R4B R5B R5D

^* Additional regulations apply pursuant to paragraph (c) of this Section

(c) Additional regulations

(1) Eight-foot open area required between buildings containing residences

An open area with a minimum total width of eight feet is required between buildings containing residences on adjacent zoning lots. Such open area must be parallel to the side lot line and may be located on either one or both sides of such common side lot line. (See Figure A)

Figure A

(23-461c1)

(2) When side yards total more than 13 feet

However, where such open area requirements result in side yards totaling more than 13 feet on the subject zoning lot, the width of such side yards may be reduced to not less than five feet, provided that the total width of both side yards on the subject zoning lot is at least 13 feet. (See Figure B)

Figure B

(23-461c2)

(3) 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 Section 23-44, inclusive, shall be permitted obstructions in open areas required pursuant to paragraphs (c)(1) and (c)(2) of this Section, 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.

(4) Minimum side yard requirements for zoning lots adjacent to certain side yards

A side yard at least five feet wide shall be provided on any zoning lot along the common side lot line of any adjacent zoning lot with an existing detached residence whose side yards total at least 13 feet in width, with both side yards on such adjacent zoning lot at least five feet in width, or with an existing semi-detached residence with a side yard at least eight feet in width. (See Figure C)

Figure C

(23-461c4)

23-462

Side yards for all other buildings containing residences

†

R3-2 R4 R5 R6 R7 R8 R9 R10

In the districts indicated, except as set forth in Section 23-461 (Side yards for single- or two-family residences) or Section 23-49 (Special Provisions for Side Lot Line Walls), side yards shall be provided for all zoning lots with buildings containing residences as provided in this Section:

R3-2 R4 R5

(a) In the districts indicated, except R4B, R5B or R5D Districts, two side yards, each with a minimum required width of eight feet, shall be provided. However, if the aggregate width of street walls of a residential building is more than 80 feet or, for abutting buildings if the combined aggregate width of street walls of all such abutting buildings on a zoning lot is more than 80 feet, then two side yards shall be provided, each equal to not less than 10 percent of such aggregate width of street walls. For zoning lots where no such buildings exceed a height of two stories and a basement, side yards need not exceed 15 feet in width.

However, on all corner lots in lower density growth management areas, one side yard shall be at least 20 feet in width.

R4B R5B R5D

(b) In the districts indicated, no side yards are required; however, where a building containing residences on an adjacent zoning lot has a side yard, an open area with a minimum width of eight feet and parallel to the side lot line is required along the common side lot line between such buildings. Obstructions permitted pursuant to paragraph (c)(3) of Section 23-461 shall be permitted in such open areas.

R6 R7 R8 R9 R10

(c) 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 have a minimum width of eight feet, measured perpendicular to the side lot line, and extend along the entire side lot line, except where a court is provided in accordance with the applicable provisions of Section 23-60 (HEIGHT AND SETBACK REGULATIONS). The allowances for permitted obstructions in any yard or rear yard equivalent set forth in Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) shall be permitted in such open areas.

23-463

Maximum aggregate width of street walls

R3-2 R4 R5

In the districts indicated, except R4B, R5B or R5D Districts, the aggregate width of street walls of a building containing residences or, for abutting buildings the combined aggregate width of street walls of all such abutting buildings on a zoning lot, shall not exceed the width set forth in the following table:

MAXIMUM AGGREGATE WIDTH OF STREET WALLS

District

Feet

R3-2

125

R4 R5

185

However, the City Planning Commission may authorize, in R4 and R5 Districts, aggregate width of street walls in excess of 185 feet, provided the Commission finds that:

(1) the street wall is adequately articulated by such design features as variable setbacks, stoops, bay windows or changes in the heights of the buildings; and

(2) the development or enlargement will not be incompatible with buildings on the surrounding blocks.

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

23-464

Side yards for buildings used for permitted non-residential uses

R1 R2 R3 R4 R5

(a) In the districts indicated, if a building used for permitted non-residential uses has an aggregate width of street walls equal to 60 feet or less, two side yards shall be provided, each with a minimum required width of eight feet. If such building has an aggregate width of street walls equal to more than 60 feet, two side yards shall be provided, each equal to not less than 15 percent of the aggregate width of street walls.

R6 R7 R8 R9 R10

(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.

23-47

Minimum Required Rear Yards

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

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 23-52 (Special Provisions for Shallow Interior Lots), 23-53 (Special Provisions for Through Lots) or 23-54 (Other Special Provisions for Rear Yards). Rear yards shall also be provided along portions of side lot lines as set forth in Section 23-471 (Beyond one hundred feet of a street line).

23-471

Beyond one hundred feet of a street line

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

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 :

(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.

CORNER LOT

(23-471a)

(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 LOT BOUNDED BY TWO OR MORE STREETS

(NEITHER A CORNER LOT NOR A THROUGH LOT)

(23-471b)

(c) In R6 through R10 Districts, no rear yard shall be required where such rear lot line coincides with a side lot line of an adjoining zoning lot.

23-48

Special Provisions for Existing Narrow Zoning Lots

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, except R2X, R3A, R3X, R4-1, R4A, R4B, R5A, R5B or R5D Districts, the required total width of side yards for a single-family detached or two-family detached residence may be reduced by four inches for each foot by which the width of a zoning lot is less than that required under the provisions of Section 23-32 (Minimum Lot Area or Lot Width for Residences) if such zoning lot :

(a) has less than the prescribed minimum lot width; and

(b) 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.

However, in no event shall the required width of a side yard be less than five feet.

In R5D Districts, no side yards shall be required for any zoning lot having a width of less than 30 feet along a street and existing on the effective date of establishing such district on the zoning map.

23-49

Special Provisions for Side Lot Line Walls

R3-1 R3-2 R4 R5

In the districts indicated, except R4A and R5A Districts, a building containing residences may:

(a) abut an existing building located along a side lot line, where such building was existing on December 15, 1961, or lawfully erected under the terms of this Resolution, provided that walls of the building containing residences and walls of the existing building shall abut for a length equal to or greater than one half of the distance between the street wall line and rear wall line of the existing building. For the purposes of this paragraph (a), an “existing building” shall not include an accessory building located on an interior or through lot;

(b) abut other buildings containing residences being erected at the same time on an adjoining zoning lot or zoning lots.

For such buildings containing residences, the side yard requirements shall be waived along the side lot line of the zoning lot coincident with the abutting buildings, and one side yard shall be provided along any side lot line of the zoning lot without an abutting building with a width of at least eight feet in R3-1, R3-2, R4 or R5 Districts, and four feet in R4-1, R4B or R5B Districts.

23-51

Special Provisions for Yards Adjacent to R1 Through R5 Districts

R6 R7 R8 R9 R10

In the districts indicated, the provisions of this Section shall apply to zoning lots located, wholly or partially, within an R6, R7, R8, R9 or R10 District that are adjacent to a zoning lot located wholly or partially within an R1, R2, R3, R4 or R5 District.

A side yard at least eight feet wide shall be provided along the entire length of the common side lot line. Such side yard may be used for accessory parking.

23-52

Special Provisions for Shallow Interior Lots

R3 R4 R5

(a) In the districts indicated, if an interior lot:

(1) 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

(2) 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.

R6 R7 R8 R9 R10

(b) In the districts indicated, if an interior lot:

(1) 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

(2) is less than 90 feet deep at any point;

the depth of a required rear yard, or portion thereof, for such interior lot, may be reduced by six inches for each foot by which the depth of a zoning lot, or portion thereof, is less than 90 feet. However, in no event shall the minimum depth of a required yard, or portion thereof, be reduced to less than 10 feet.

(c) Special provisions for zoning lots created after December 15, 1961

Notwithstanding the provisions of paragraph (b) of this Section, in R6 through R10 Districts, the special rear yard provisions of this Section may be applied to a zoning lot created after December 15, 1961, or portion thereof, provided that the shallow lot condition was in existence on December 15, 1961, and, subsequently, such shallow lot condition on the zoning lot, or portion thereof, has neither increased nor decreased in depth.

23-53

Special Provisions for Through Lots

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the regulations of this Section shall apply to all through lots, except as provided in Section 23-471 (Beyond one hundred feet of a street line). In the case of a zoning lot occupying an entire block, no rear yard or rear yard equivalent shall be required.

23-531

Excepted through lots

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

(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.

R6 R7 R8 R9 R10

(b) In the districts indicated, for zoning lots containing Quality Housing buildings, no rear yard regulations shall apply 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.

23-532

Required rear yard equivalents

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, except for Quality Housing buildings in R6 through R10 Districts, the provisions for which are set forth in Section 23-533 (Required rear yard equivalents for Quality Housing buildings), on any through lot that is 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 yards or 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 lower density growth management areas and in R5D Districts, on any through lot at least 180 feet in maximum 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 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

23-533

Required rear yard equivalents for Quality Housing buildings

R6 R7 R8 R9 R10

For Quality Housing buildings in R6 through R10 Districts, on any through lot that is 110 feet or more in maximum depth from street to street, a rear yard equivalent consisting of an open area with a minimum depth of 60 feet midway, or within 10 feet of being midway, between the two street lines upon which such through lot fronts, shall be provided.

However, for through lots with a depth of 180 feet or less, an open area with a minimum depth equivalent to the depth required pursuant to Section 23-534 (Special provisions for shallow through lots), may be provided, and additionally, one of the following rear yard equivalents may be provided as an alternative:

(a) 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 a corresponding increase in the depth of the open area along the other street line is made; or

(b) 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, except that the width of such required open area along one side lot line may be decreased, provided that a corresponding increase in the depth of the open area along the other street line is made. If an open area along a side lot line is provided, it shall be at least eight feet.

Any such rear yard equivalent shall be unobstructed from its lowest level to the sky, except as provided in Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

23-534

Special provisions for shallow through lots

R6 R7 R8 R9 R10

(a) In the districts indicated, if a through lot :

(1) is less than 180 feet deep at any point; and

(2) was less than 180 feet deep, both on December 15, 1961, and on the date of application for a building permit;

the depth of a required rear yard equivalent, or portion thereof, for such through lot, may be reduced by one foot for each foot by which the depth of a zoning lot, or portion thereof, is less than 180 feet. However, in no event shall the minimum depth of a required rear yard equivalent, or portion thereof, provided between two or more buildings on a single zoning lot be reduced to less than 40 feet, and in no event shall the minimum depth of such required rear yard equivalent, or portion thereof, be reduced to less than 20 feet.

(b) Special provisions for zoning lots created after December 15, 1961

Notwithstanding the provisions of paragraph (a) of this Section, in R6 through R10 Districts, the special rear yard equivalent provisions of this Section may be applied to a zoning lot created after December 15, 1961, or portion thereof, provided that the shallow lot condition was in existence on December 15, 1961, and, subsequently, such shallow lot condition on the zoning lot, or portion thereof, has neither increased nor decreased in depth.

23-54

Other Special Provisions for Rear Yards

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the rear yard requirements set forth in Section 23-47 (Minimum Required Rear Yards) shall be modified as set forth in this Section.

23-541

Within one hundred feet of corners

R6 R7 R8 R9 R10

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.

23-542

Along short dimension of block

R6 R7 R8 R9 R10

In the districts indicated, whenever a front lot line of a zoning lot coincides with all or part of a street line measuring less than 230 feet in length between two intersecting streets, no rear yard shall be required within 100 feet of such front lot line.

23-543

For zoning lots with multiple rear lot lines

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

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, except as modified in Section 23-52 (Special Provisions for Shallow Interior Lots).

(23-543a)

(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.

(23-543b)

(c) In R6 through R10 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.

(23-543d)

23-544

In certain districts

R2X

In the district indicated, a residential building may extend 10 feet into a required rear yard or rear yard equivalent pursuant to the provisions of Section 23-631 (General provisions).

23-55

Special Provisions for Zoning Lots Divided by District Boundaries

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

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.

23-56

Modifications of Rear Yard Regulations

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the regulations set forth in Section 23-543 (For zoning lots with multiple rear lot lines) may be modified in accordance with the provisions of Section 73-69 (Rear Yard Modifications).

23-61

Applicability

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, height and setback regulations for a building or other structure shall be as set forth in Section 23-60, inclusive.

Height and setback regulations applicable to R1 through R5 Districts are set forth in Section 23-63. Buildings in R5D Districts shall also comply with additional provisions set forth in Article II, Chapter 8.

Height and setback regulations applicable to R6 through R10 Districts are set forth in Sections 23-64 (Basic Height and Setback Requirements), 23-65 (Tower Regulations) and 23-66 (Height and Setback Requirements for Quality Housing Buildings), as applicable.

In R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X, R10A or R10X Districts, all buildings containing residences shall comply with the bulk regulations for Quality Housing buildings set forth in Sections 23-62 (Permitted Obstructions) and 23-66. In R6, R7, R8, R9 or R10 Districts without a letter suffix, a building containing residences may be developed or enlarged pursuant to the basic height and setback requirements of Sections 23-62, 23-64 or 23-65, as applicable, or pursuant to the bulk regulations for Quality Housing buildings. All Quality Housing buildings shall also comply with additional provisions set forth in Article II, Chapter 8, as applicable.

Special height and setback provisions are set forth in Section 23-67 (Special Height and Setback Provisions for Certain Areas) for zoning lots adjoining a public park, as well as for certain areas in Community Districts 4, 6, 7 and 9 in the Borough of Manhattan. Additional provisions are set forth in Sections 23-68 (Special Provisions for Zoning Lots Divided by District Boundaries) and 23-69 (Special Height Limitations).

23-62

Permitted Obstructions

†

In all Residence Districts, the obstructions set forth in this Section, inclusive, shall be permitted to penetrate a maximum height limit or sky exposure plane set forth in Sections 23-63 (Height and Setback Requirements in R1 Through R5 Districts), 23-64 (Basic Height and Setback Requirements), 23-66 (Height and Setback Requirements for Quality Housing Buildings) or 23-69 (Special Height Limitations).

23-621

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.

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 guardrail 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;
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;
Chimneys or flues, with a total width not exceeding 10 percent of the aggregate width of street walls of a building at any level;
Decks, and other surfaces for recreational activities, not more than 3 feet, 6 inches in height, as measured from the maximum height limit;
Flagpoles or aerials;
Parapet walls, not more than four feet in height, as measured from the maximum height limit. A guardrail with a surface at least 70 percent open or with an opacity no more than 30 percent (as viewed in elevation), shall be permitted above a parapet wall or within two feet of a parapet wall, provided such guardrail is not more than four feet above the accessible level of a roof. Such restriction on guardrail height shall not apply when located beyond two feet from a parapet wall;
Qualifying exterior wall thickness;
Roof thickness, up to 12 inches, to accommodate the addition of insulation, for buildings or portions of buildings constructed prior to December 6, 2023. 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.
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;
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;
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;
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;
Window washing equipment mounted on a roof;
Wire, chain link or other transparent fences.

23-622

Additional permitted obstructions

†

In all Residence Districts, the obstructions set forth in Section 23-621 (General permitted obstructions), as well as the following obstructions, shall be permitted to penetrate a maximum height limit or sky exposure plane.

Balconies, unenclosed, subject to the provisions of Section 23-13;
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;
Elevator or stair bulkheads (including shafts; and vestibules not larger than 60 square feet in area providing access to a roof), 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 required screening, does not exceed 50 percent of the lot coverage of the building;
3. the height of obstructions within an aggregate area equivalent to at least 20 percent of the lot coverage of the building shall not exceed 15 feet above the maximum permitted height; and
4. the height of obstructions within the remaining lot coverage, not to exceed 30 percent of the building shall not exceed:
  1. in R3-2, R4, and R5 Districts, except R4-1, R4A, R4B and R5A Districts, a height of 25 feet above the maximum permitted height;
  2. in R6 through R10 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
5. all equipment shall be subject to the applicable provisions of Section 26-60 (SPECIAL SCREENING AND ENCLOSURE PROVISIONS);
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.

23-623

Permitted obstructions in certain districts

†

R2A R2X R3 R4 R4-1 R4A R5A

In the districts indicated, permitted obstructions are limited to chimneys, qualifying exterior wall thickness, flagpoles or aerials, parapet walls, roof thickness, skylights, solar energy systems and vegetated roofs pursuant to Section 23-621. However, in R3-2 and R4 Districts, except R4-1, R4A and R4B Districts, elevator or stair bulkheads, roof water tanks, energy infrastructure equipment and accessory mechanical equipment shall additionally be permitted.
In R2X Districts, dormers may be considered permitted obstructions if:
1. the aggregate width of dormers facing the street line is equal to not more than 50 percent of the width of the street wall line;
2. the aggregate width of dormers facing the rear lot line is equal to not more than 50 percent of the width of the rear wall line;
3. the aggregate width of dormers facing a side lot line is equal to not more than 50 percent of the width of a straight line connecting and perpendicular to the street wall line and the rear wall line; and
4. on a corner lot, the aggregate width of dormers facing a side lot line is equal to not more than 50 percent of the width of the rear wall line facing such side lot line.

R6 R7 R8 R9 R10

In the districts indicated, for Quality Housing buildings, within a required front setback distance above a maximum base height, the following rules shall apply:
1. Dormers shall be allowed as a permitted obstruction, provided that on any street frontage, 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 story entirely 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.
  Dormer
  (23-621c, 62-341d.2)
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.

23-63

Height and Setback Requirements in R1 Through R5 Districts

R1 R2 R3 R4 R5

In the districts indicated, the height and setback of a building or other structure shall be as set forth in Section 23-631 (General provisions). Additional provisions pertaining to required side and rear setbacks are set forth in Section 23-632 (Required side and rear setbacks).

23-631

General provisions

Height and setback regulations for R1 through R5 Districts are set forth in this Section. Such maximum heights may only be penetrated by permitted obstructions set forth in Section 23-62.

R1 R2

(a) In the districts indicated, except R1-2A, R2A and R2X Districts, 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 ft.)	*Sky Exposure Plane*		District
	Slope over *Zoning Lot* (expressed as a ratio of vertical distance to horizontal distance)
	Vertical Distance	Horizontal Distance
25	1 to	1	R1 R2

SKY EXPOSURE PLANE

(23-631a, 24–521)

R1-2A R2A R2X R3 R4 R4-1 R4A R5A

(b) In the districts indicated, the height and setback of a building or other structure shall be as set forth herein except where modified pursuant to paragraphs (h) and (j) of this Section.

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.

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:

21 feet

R2A R2X R3 R4A

25 feet

R1-2A R4-1 R4 R5A

26 feet

R3 R4-1 R4A within lower density growth management areas

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 steps set forth in paragraphs (b)(1) through (b)(5), as follows:

(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 21 or 25 feet above the base plane. (See Figure A)

Figure A

(23-631b1)

(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.

Figure B

(23-631b2)

(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)

Figure C

(23-631b3)

(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.

Figure D

(23-631b4)

(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 (4). (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). Those items listed in Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents), and roofed porches and porticoes subject to all applicable provisions, may penetrate the building envelope below the maximum permitted perimeter wall height. Eaves may extend the roof lines 18 inches beyond the exterior walls.

(23-631b5.1)

Figure E and F

(23-631b5.2)

(6) Special Situations

(i) 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).

Figure G

(23-631b6.i)

(ii) In R2X Districts, at the 21 foot maximum permitted height of a perimeter wall, sloping planes are projected inwards and upwards. From a permitted front perimeter wall and from 21 feet above the base plane and 20 feet from and parallel to a rear lot line, such sloping plane shall not exceed a pitch of 45 degrees in relation to a plane drawn parallel to the base plane at a height of 21 feet. (See Figure H). Other sloping planes slope toward a ridge line at 35 feet and may not exceed a pitch of 80 degrees in relation to a plane drawn parallel to the base plane at a height of 21 feet.

Figure H

(23-631b6.ii)

R4B

(c) In the district indicated, no portion of the building or other structure, including the apex of a roof, shall penetrate a plane 24 feet in height above the base plane.

R5

(d) In the district indicated, except R5A, R5B and R5D Districts, no portion of a building or other structure, including the apex of a roof, may penetrate a plane 40 feet above the base plane. In addition, the maximum height of a street wall above the base plane shall be 30 feet. Above such height, a setback of 15 feet is required. Within the setback distance, no portion of the building or other structure, including the apex of a roof, may penetrate a plane rising from the maximum street wall height, at 20 degrees to the horizontal. On corner lots, the 30 foot maximum street wall height shall apply to only one street frontage. Buildings or other structures which utilize the optional regulations of Section 23-143 applying to a predominantly built-up area shall be subject to the height and setback regulations for an R5B District. The provisions of this paragraph may be modified pursuant to paragraphs (h) and (j) of this Section.

R5B

(e) In the district indicated, no portion of a building or other structure, including the apex of a roof, may penetrate a plane 33 feet above the base plane. In addition, the maximum height of a street wall above the base plane shall be 30 feet. Above such height, no portion of the building or other structure shall penetrate a plane rising from the maximum street wall height, at 20 degrees to the horizontal, to a maximum height of 33 feet above the base plane. On corner lots, the 30 foot maximum street wall height shall apply to only one street frontage. The provisions of this paragraph may be modified pursuant to paragraph (h) of this Section.

R5D

(f) In the district indicated, no portion of a building or other structure shall penetrate a plane 40 feet above the base plane. However, where the ground floor level of a building provides a qualifying ground floor in accordance with the supplemental provisions set forth in paragraph (b)(2) of Section 23-662, the maximum height of a building or other structure may be increased to 45 feet, or four stories, whichever is less.

R3A R4-1 R4A R4B R5B

(g) In the districts indicated, a second story line-up is required as follows:

Where at least 75 percent of the buildings containing residences within 150 feet of the side lot lines of the zoning lot have a first story front projection that is at least 50 percent of the width of the building, the street wall shall be no closer to the street line than the second story street wall of an adjacent building containing residences facing on the same street.

Projections from the first story street wall are permitted provided that such projections are no closer to the street line than an adjacent front yard line, and such projections are no higher than 13 feet above the street wall line level. Projections from the second story street wall are permitted provided that the width of all projections at that level does not exceed 33 percent of the width of the building at the second story, and the depth of the projections does not exceed three feet.

(h) The height and setback regulations of this Section are modified as follows:

(1) In R3-1 and R3-2 Districts, single- or two-family detached residences on zoning lots of at least 9,500 square feet in area and at least 100 feet of frontage along a street may use the height and setback regulations applicable in an R2 District.

(2) In the Special Ocean Parkway District, the Special Coney Island Mixed Use District, and the Special Hunters Point Mixed Use District, for buildings or other structures subject to the regulations of an R5 District other than an R5D District, no portion of a building or other structure, including the apex of a roof, may penetrate a plane 40 feet above the base plane. In addition, the maximum height of a street wall above the base plane shall be 32 feet. Above such height, a setback of 15 feet is required. Within the setback distance, no portion of the building or other structure, including the apex of a roof, may penetrate a plane rising from the maximum street wall height at 20 degrees to the horizontal. On corner lots, the 32 foot maximum street wall height shall apply to only one street frontage.

In these special districts, for developments or enlargements which utilize the optional regulations applicable to a predominantly built-up area, the maximum height of a building containing residences shall not exceed 32 feet above the base plane. Furthermore, for such developments or enlargements with pitched roofs, the midpoint of such pitched roof shall not exceed a height of 32 feet above the base plane. The provisions of this paragraph may be modified pursuant to paragraph (j) of this Section.

(3) In accordance with Section 78-31 (Location of Buildings, Distribution of Bulk and Open Space and Modification of Height and Setbacks), buildings within a large-scale residential development may use the alternate height and setback regulations set forth in paragraphs (b)(1) through (b)(3) of Section 78-31.

R3-2 R4 R5

(i) In R3-2 Districts, buildings containing affordable independent residences for seniors may use the height and setback regulations applicable to an R4 District, as set forth in paragraph (b) of this Section.

(j) In R4 and R5 Districts, except R4-1, R4A, R4B, R5A, R5B and R5D Districts, the height and setback provisions set forth in paragraphs (b) and (d) of this Section shall apply to buildings containing affordable independent residences for seniors. However, where no single-family or two-family residence existed on the zoning lot within three years prior to the issuance of a building permit for the development or enlargement of such building containing affordable independent residences for seniors, such height and setback provisions shall be modified as follows:

(1) in R4 Districts, the height of the building shall not exceed 45 feet; and

(2) in R5 Districts, the height of the building shall not exceed 45 feet, except that beyond 25 feet of a street line, the height of the building may be increased to a height of 55 feet where one or more of the following conditions are met:

(i) on the date of application for a building permit for such development or enlargement, not more than 50 percent of the aggregate length of the block frontage on both sides of the street facing each other is occupied by single-family or two-family residences;

(ii) an existing building on the same or adjacent zoning lot of such development or enlargement has a height of 45 feet or more; or

(iii) the zoning lot of such development or enlargement has a lot area of at least 1.5 acres.

(k) In the districts indicated, except R4-1, R4A, R4B, R5A, R5B and R5D Districts, the City Planning Commission may authorize a building or other structure that penetrates the height and setback regulations set forth in paragraphs (b), (d) or (i) of this Section, except for buildings utilizing the optional regulations for predominantly built-up areas. As a condition for granting such authorizations, the Commission shall find that:

(1) by concentrating permitted floor area in a building or buildings of greater height, the preservation of an existing building, topography, vegetation, or view corridors having environmental, historic or aesthetic value to the public will be assured, and that such preservation would not be possible by careful siting of lower buildings containing the same permitted floor area; or, for affordable independent residences for seniors, the additional floor area permitted is accommodated in an efficient manner;

(2) such modification is the least modification required to achieve the purpose for which it is granted;

(3) the proposed modification does not impair the essential character of the surrounding area; and

(4) the proposed modification will not have adverse effects upon light, air, and privacy of adjacent properties and of any existing buildings on the zoning lot.

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.

23-632

Required side and rear setbacks

Side and rear setbacks shall be provided as specified in this Section. Permitted obstructions in required side and rear setbacks are set forth in paragraph (a) of this Section. Required side and rear setbacks for tall buildings in certain R1 through R5 Districts are set forth in paragraph (b) and required side and rear setbacks for buildings containing non-residential uses in certain R1 through R5 Districts are set forth in paragraph (c) of this Section.

(a) Permitted obstructions in required side and rear setbacks

Unenclosed balconies, subject to the provisions of Section 23-13 (Balconies), are permitted to project into or over any open areas required by the provisions of this Section. In addition, awnings and other sun control devices, decks, exterior wall thickness, parapet walls not more than four feet in height, roof thickness, solar energy systems up to four feet high, vegetated roofs and weirs are permitted as set forth in Section 23-62 (Permitted Obstructions). Chimneys or flues shall also be permitted, provided that the total width does not exceed 10 percent of the width of the building’s walls facing such open area.

(b) Required side and rear setbacks for tall buildings in certain low bulk districts

R1 R2 R3 R4 R5

In R1 and R2 Districts, any portion of a building or other structure bounding a side yard or a rear yard which is more than 30 feet above the mean level of adjacent natural grade shall be set back from such side yard line or rear yard line for a distance equal to one-half the height of that portion of the building or other structure which is higher than 30 feet above the mean level of adjacent natural grade.

In R3, R4 and R5 Districts, except R5A and R5D Districts, any portion of a building or other structure bounding a side yard or a rear yard which is more than 33 feet above the level of the base plane shall be set back from such side yard line or such rear yard line for a distance equal to one-half the height of that portion of the building or other structure which is higher than 33 feet above the level of the base plane (see illustration below of R5 District Side Yard Setback).

However, the following modifications may be applied to buildings containing affordable independent residences for seniors :

(1) no rear yard setback need be provided; and

(2) for a side yard, the resultant setback required by the calculation above need not exceed a depth of 10 feet, as measured from the building wall fronting such side yard.

SIDE YARD SETBACK

(R5 example)

(23-632b)

(c) Required side and rear setbacks for permitted non-residential uses in low bulk districts

R1 R2 R3 R4 R5

In the districts indicated, except R5D Districts, no portion of any building used for permitted non-residential uses which is more than 30 feet or more than three stories, whichever is less, above the level of a side yard or rear yard, shall be nearer to a side lot line or rear lot line bounding such yard than a distance equal to the height above yard level of such portion of the building.

23-64

Basic Height and Setback Requirements

R6 R7 R8 R9 R10

In the districts indicated without a letter suffix, for buildings other than Quality Housing buildings, the height and setback of a building or other structure shall be as set forth in Section 23-641 (Front setbacks), or 23-642 (Alternate front setbacks). In R9 and R10 Districts, towers are permitted in accordance with the provisions of Section 23-65.

23-641

Front setbacks

R6 R7 R8 R9 R10

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 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 23-62 (Permitted Obstructions) or 23-65 (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

SKY EXPOSURE PLANE

R6 R7 R8 R9 R10 Districts

(23–641, 24–522, 33–432, 43–43)

23-642

Alternate front setbacks

R6 R7 R8 R9 R10

In the districts indicated without a letter suffix, 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 Section 23-641 (Front setbacks). The building or other structure shall not penetrate the sky exposure plane set forth in the table, except as otherwise provided in Sections 23-62 (Permitted Obstructions) or 23-65 (Tower Regulations).

In R9 or R10 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, 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

ALTERNATE SKY EXPOSURE PLANE

R6 R7 R8 R9 R10 Districts

(23–642, 24–53, 33–442, 43–44)

23-65

Tower Regulations

R9 R10

In the districts indicated without a letter suffix, except for Quality Housing buildings, and except as set forth in paragraph (c) of this Section, 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 below, may penetrate an established sky exposure plane in accordance with the provisions of this Section. Such portions of buildings that penetrate a sky exposure plane are hereinafter referred to as towers.

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:

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

The tower-on-a-base regulations of Section 23-651 shall apply to any such building that:

(1) contains more than 25 percent of its total floor area in residential use; and

(2) 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.

If a portion of such building is developed or enlarged with a tower the entire zoning lot shall be subject to the provisions of Section 23-651 (Tower-on-a-base).

(b) Applicability of standard tower regulations

The standard tower regulations of Section 23-652 shall apply to any such building that does not meet the location and floor area criteria of paragraph (a) of this Section.

(c) Inapplicability of tower regulations

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.

23-651

Tower-on-a-base

Any development or enlargement that meets the location and floor area criteria of paragraph (a) of Section 23-65 and includes a tower shall be constructed as a tower-on-a-base, in accordance with the regulations set forth in this Section. The height of all buildings or other structures shall be measured from the base plane.

(a) Tower regulations

(1) At any level above a building base (referred to hereinafter as a "base"), any portion or portions of a building (referred to hereinafter as a "tower") shall occupy in the aggregate:

(i) not more than 40 percent of the lot area of a zoning lot or, for a zoning lot of less than 20,000 square feet, the percentage set forth in the table in Section 23-65 (Tower Regulations); and

(ii) not less than 30 percent of the lot area of a zoning lot.

However, the highest four stories of the tower or 40 feet, whichever is less, may cover less than 30 percent of the lot area of a zoning lot if the gross area of each story does not exceed 80 percent of the gross area of that story directly below it.

(2) Any tower located above a base shall not be subject to the provisions of Section 23-64 (Basic Height and Setback Requirements).

(3) 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

(4) At all levels, such tower shall be set back from the street wall of a base at least 15 feet along a narrow street and at least 10 feet along a wide street, except that such dimensions shall include the depth of any permitted recesses in the street wall.

(5) 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.

Unenclosed balconies, subject to the provisions of Section 23-13 (Balconies), are permitted to project into or over open areas not occupied by towers.

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.

(b) Building base regulations

(1) Street wall location

(i) On a wide street, and on a narrow street within 125 feet of its intersection with a wide street, the street wall of the base shall occupy the entire street frontage of a zoning lot not occupied by existing buildings. At any height, at least 70 percent of the width of such street wall shall be located within eight feet of the street line, and the remaining 30 percent of such street wall may be recessed beyond eight feet of the street line to provide outer courts or balconies.

However, no such recesses shall be permitted within 20 feet of an adjacent building fronting on the same street line or within 30 feet of the intersection of two street lines.

(ii) On a narrow street beyond 125 feet from its intersection with a wide street, no street wall of a base is required nor shall any street wall provided beyond 125 feet count toward the computation of any permitted recesses on such wall.

(iii) Where the street wall of an adjacent building fronting on the same street line is located within 10 feet of the street line, the street wall of the base shall be either located at the street line or aligned with the street wall of the adjacent building for a distance of not less than 20 feet measured horizontally from the side wall of such existing building.

(2) Height of street wall

All street walls of a base shall rise vertically without setback to a height of not less than 60 feet nor more than 85 feet except:

(i) On a wide street, if the height of the street wall of an adjacent building fronting on the same street line exceeds 60 feet and if such street wall is located within 10 feet of the street line, the street wall of the base shall match the height of the street wall of the adjacent building to a maximum height of 100 feet by either of three alternatives:

(a) the street wall of the base shall be extended vertically to the height of the adjacent building for a distance of not less than 20 feet measured horizontally from the side wall of such adjacent building;

(b) at least 50 percent of the width of the street wall of the base shall be extended vertically to the height of the adjacent building; or

(c) a dormer shall be provided pursuant to paragraph (b)(3) of this Section. Such dormer shall match the height of the adjacent building.

Such street wall of the base fronting on a wide street may be extended along a narrow street within 70 feet of its intersection with the wide street.

(ii) On a narrow street beyond 100 feet of its intersection with a wide street, the street wall of a base shall rise vertically to a height of at least 60 feet when the adjacent building is either less than 60 feet or greater than 85 feet, or match the height of the adjacent building when the height of such building is between 60 feet and 85 feet.

For the purposes of this paragraph, (b)(2), inclusive, the height of an adjacent building shall be the height of a street wall, before setback, if applicable, of that portion of an existing building nearest the development or enlargement, fronting on the same street line, and located on the same or an adjoining zoning lot.

(3) Dormer

For the purposes of this Section, a dormer shall be a vertical extension of the street wall of a base allowed as a permitted obstruction within a required front setback area. A dormer may be located anywhere on a wide street, and on a narrow street within 70 feet of its intersection with a wide street.

On any street frontage, the aggregate width of all dormers at the required initial setback level shall not exceed 60 percent of the width of the street wall of the highest story of the base. For each foot of height above the base, the aggregate width of all dormers at that height shall be decreased by one percent of the street wall width of the highest story of the base. Such dormer shall count as floor area but not as tower lot coverage.

(4) Open areas

All open areas at ground level, located between the street line and the street wall of a base shall be landscaped except in front of entrances and exits to the building.

(c) Modification of tower coverage and floor area distribution requirements

The tower lot coverage and floor area distribution requirements set forth in paragraph (a)(3) of this Section shall be modified for buildings that provide articulation of a base in accordance with the following provisions:

(1) Recesses

Recesses shall occupy, in the aggregate, between 30 and 50 percent of the width of each eligible story of the base, and measure at least two feet in depth. In addition, the width of any individual recess provided within eight feet of the street line shall not exceed 25 percent of the width of the street wall of the base, unless such recess is provided in combination with an additional recess located beyond eight feet of the street line.

Furthermore, all recesses shall comply with the provisions of paragraph (b)(1) of this Section or paragraph (a)(1) of Section 35-64 (Special Tower Regulations for Mixed Buildings), as applicable. For each street frontage of a building with recesses provided in accordance with this paragraph, (c)(1), the percent of lot coverage of the tower portion of the building may be decreased by 0.5 percent, and the minimum percent of total building floor area distribution below a level of 150 feet may be reduced by 0.25 percent.

(2) Dormers

For each street frontage with dormers, provided in accordance with paragraph (b)(3) of this Section, that measure, at their lowest level, at least 50 percent of the width of the street wall of the highest story of the base, and measure, at their highest level, at least 25 percent of the width of the highest story of the base, and rise at least 25 feet above the base, the percent of lot coverage of the tower portion of the building may be decreased by 0.5 percent, and the minimum percent of total building floor area distribution below a level of 150 feet may be reduced by 0.25 percent.

(3) Matching provision

For each street frontage that provides an extension of the street wall of a base that matches the height of an adjacent building in accordance with paragraph (b)(2)(i)(b) of this Section, the percent of lot coverage of the tower portion of the building may be decreased by 0.5 percent, and the minimum percent of total building floor area distribution below a level of 150 feet may be reduced by 0.25 percent.

However, the total percent of lot coverage of the tower portion of the building shall not be decreased by more than 2.0 percent, nor shall the minimum percent of total building floor area distribution below a level of 150 feet be reduced by more than 1.0 percent.

23-652

Standard tower

Any development or enlargement that does not meet the location and floor area criteria of paragraph (a) of Section 23-65 and includes a tower shall be constructed as a standard tower in accordance with the regulations set forth in this Section.

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 23-13 (Balconies), are permitted to project into or over open areas not occupied by towers.

23-66

Height and Setback Requirements for Quality Housing Buildings

R6 R7 R8 R9 R10

In the districts indicated, the street wall location provisions of Sections 23-661 and the height and setback provisions of Section 23-662 shall apply to Quality Housing buildings. These provisions may be modified pursuant to the provisions of either Section 23-663 (Tower regulations in R9D and R10X Districts) or 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), as applicable. Additional provisions are set forth in Section 23-665. Additional height and setback provisions for compensated developments and MIH developments, as defined in Section 23-911, are set forth in Sections 23-951 and 23-952, respectively. The height of all buildings or other structures shall be measured from the base plane.

Where the City Planning Commission grants additional height to a development or enlargement subject to the provisions of Sections 23-662 or 23-664 pursuant to an authorization or special permit of this Resolution, the Commission may, in conjunction, increase the permitted number of stories.

23-661

Street wall location

R6 R7 R8 R9 R10

In the districts indicated, the street wall location provisions of paragraphs (a), (b) or (c) of this Section shall apply to all Quality Housing buildings, as applicable.

Any street wall may be divided into different segments, and located at varying depths from the street line, to allow for building recesses, projections, outer courts and other forms of articulation, provided that each portion complies with the applicable street wall location provisions of paragraphs (a), (b) or (c) of this Section. Recesses, projections and other forms of articulation beyond the street wall locations established in paragraphs (a), (b) or (c) are permitted only in accordance with paragraph (d) of this Section.

R6A R7A R7D R7X R9D

(a) In the districts indicated, for all buildings, and for Quality Housing buildings on wide streets in R6 or R7 Districts without a letter suffix, the following shall apply:

(1) The street wall shall be located no closer to the street line than the closest street wall, or portion thereof, of an existing adjacent building on the same or an adjoining zoning lot located on the same street frontage, that is both within 10 feet of the street line and within 25 feet of such Quality Housing building. Where such existing adjacent building, or portion thereof, has street walls located at varying depths, the 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.

(2) On corner lots, the street wall location provisions of paragraph (a)(1) shall apply along only one street line.

R6B R7B R8B

(b) In the districts indicated, for all buildings, and for Quality Housing buildings on narrow streets in R6 and R7 Districts without a letter suffix, the following shall apply:

(1) On zoning lots with at least 50 feet of frontage along a street line, the street wall shall be located no closer to the street line than the closest street wall, or portion thereof, of an existing adjacent building on the same or an adjoining zoning lot located on the same street frontage, that is both within 15 feet of the street line and within 25 feet of such Quality Housing building. Where such existing adjacent building, or portion thereof, has street walls located at varying depths, the 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.

(2) On zoning lots with less than 50 feet of frontage along a street line, the street wall 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 that is both within 15 feet of the street line and within 25 feet of such Quality Housing building. Where such existing adjacent building, or portion thereof, has street walls located at varying depths, the 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.

(3) On corner lots, the street wall regulations of (b)(1) or (b)(2), as applicable, shall apply along both street frontages, except that along one street line the street wall need not be located farther from the street line than five feet.

R8A R8X R9A R9X R10A R10X

(c) In the districts indicated, for all buildings, and for Quality Housing buildings in R8 or R9 Districts without a letter suffix, and in other R10 Districts, the following shall apply:

(1) Along wide streets and along narrow streets within 50 feet of their intersection with a wide street the street wall shall extend along the entire street frontage of a zoning lot. 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 23-662 (Maximum height of buildings and setback regulations), 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 beyond 50 feet of their intersection with a wide street, at least 70 percent of the street wall shall be located within 15 feet of the street line.

R6 R7 R8 R9 R10

(d) 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.

23-662

Maximum height of buildings and setback regulations

R6 R7 R8 R9 R10

In the districts indicated, height and setback regulations for Quality Housing buildings are set forth in this Section.

The height of a Quality Housing building or other structure shall not exceed the maximum height limit specified for the applicable district set forth in paragraphs (a) or (b) of this Section, as applicable, except as specified elsewhere in this Chapter.

Basic building heights for Quality Housing buildings are set forth in paragraph (a) of this Section. Such heights may be increased in certain districts for Quality Housing buildings with qualifying ground floors pursuant to paragraph (b)(1) of this Section. For Quality Housing buildings with qualifying ground floors in R6A, R6B, R7A, R7D, R7X, R8A, R8X, R9X or R10A Districts located outside the Manhattan Core, supplemental ground floor provisions are set forth in paragraph (b)(2) of this Section.

A setback is required for all portions of buildings or other structures that exceed the maximum base height specified for the applicable district in paragraphs (a) or (b) of this Section, and shall be provided in accordance with paragraph (c) of this Section.

(a) Basic building heights

Table 1 in this paragraph sets forth the minimum and maximum base height, and maximum building height, for Quality Housing buildings.

TABLE 1

MINIMUM BASE HEIGHT, MAXIMUM BASE HEIGHT, AND MAXIMUM BUILDING HEIGHT - FOR CONTEXTUAL DISTRICTS

District	Minimum Base Height (in feet)	Maximum Base Height (in feet)	Maximum Height of *Buildings or other Structures* (in feet)
R6A	40	60	70
R6B	30	40	50
R7A	40	65	80
R7B	40	65	75
R7D	60	85	100
R7X inside *Manhattan Core*	60	85	125
R7X outside *Manhattan Core*	60	85	120
R8A	60	85	120
R8B	55	65	75
R8X	60	85	150
R9A¹	60	105	145
R9A²	60	95	135
R9D	60	85⁴	N/A³
R9X¹	105	120	170
R9X²	60	120	160
R10A¹	125	150	210
R10A²	60	125	185
R10X	60	85	N/A³

MINIMUM BASE HEIGHT, MAXIMUM BASE HEIGHT, AND MAXIMUM BUILDING HEIGHT - FOR NON-CONTEXTUAL DISTRICTS

District	Minimum Base Height (in feet)	Maximum Base Height (in feet)	Maximum Height of *Buildings or other Structures* (in feet)
R6²	30	45	55
R6¹ inside *Manhattan Core*	40	55	65
R6¹ outside *Manhattan Core*	40	65	70
R7¹ inside *Manhattan Core* R7²	40	65	75
R7¹ outside *Manhattan Core*	40	75	80
R8²	60	85	115
R8¹ inside *Manhattan Core*	60	85	120
R8¹ outside *Manhattan Core*	60	95	130
R9¹	60	105	145
R9²	60	95	135
R10¹	125	155	210
R10²	60	125	185

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 Buildings or other structures may exceed a maximum base height of 85 feet in accordance with Section 23-663 (Tower regulations in R9D and R10X Districts)

⁴ For buildings or other structures that front upon an elevated rail line, the maximum base height shall be 25 feet

(b) Special heights in certain districts for Quality Housing buildings with qualifying ground floors

(1) Eligible buildings

Table 2 in this paragraph sets forth the minimum and maximum base height, maximum building height, and maximum number of stories for Quality Housing buildings with qualifying ground floors within:

(i) R6 or R7 Districts without a letter suffix outside the Manhattan Core and within 100 feet of a wide street, or R8 or R10 Districts without a letter suffix within 100 feet of a wide street; or

(ii) R6A, R6B, R7A, R7D, R7X, R8A, R8X, R9X or R10A Districts located outside the Manhattan Core.

TABLE 2

MINIMUM BASE HEIGHT, MAXIMUM BASE HEIGHT, MAXIMUM BUILDING HEIGHT AND MAXIMUM NUMBER OF STORIES FOR BUILDINGS IN CERTAIN DISTRICTS OUTSIDE THE MANHATTAN CORE WITH QUALIFYING GROUND FLOORS

FOR CONTEXTUAL DISTRICTS OUTSIDE THE MANHATTAN CORE
District	Minimum Base Height (in feet)	Maximum Base Height (in feet)	Maximum Height of *Buildings or other Structures* (in feet)	Maximum Number of *Stories*
R6A	40	65	75	7
R6B	30	45	55	5
R7A	40	75	85	8
R7D	60	85	105	10
R7X	60	95	125	12
R8A	60	95	125	12
R8X	60	95	155	15
R9X¹	105	125	175	17
R9X²	60	125	165	16
R10A¹	125	155	215	21

FOR NON-CONTEXTUAL DISTRICTS
District	Minimum Base Height (in feet)	Maximum Base Height (in feet)	Maximum Height of *Buildings or other Structures* (in feet)	Maximum Number of *Stories*
R6¹ outside *Manhattan Core*	40	65	75	7
R7¹outside *Manhattan Core*	40	75	85	8
R8¹ inside *Manhattan Core*	60	85	125	12
R8¹outside *Manhattan Core*	60	95	135	13
R10¹	125	155	215	21

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 and, for zoning lots with only wide street frontage, portions of such zoning lot beyond 100 feet of the street line

(2) Supplemental ground floor provisions for buildings in certain districts

For Quality Housing buildings in R6A, R6B, R7A, R7D, R7X, R8A, R8X, R9X or R10A Districts located outside the Manhattan Core, supplemental ground floor provisions shall apply as follows:

(i) Along typical street wall frontages

For buildings, or portions thereof, with a street wall width of 100 feet or less along a street frontage, uses on the first story shall comply with the ground floor use and depth requirements of Section 26-52. Accessory off-street parking spaces on the ground floor shall be wrapped in accordance with the provisions of paragraph (a) of Section 26-54 (Parking Wrap and Screening Requirements).

(ii) Along wide street frontages

For buildings with a street wall width exceeding 100 feet along a street frontage, at least 100 feet of such frontage shall comply with the provisions of paragraph (b)(2)(i) of this Section. For portions in excess of 100 feet, accessory off-street parking spaces on the ground floor level shall be wrapped or screened in accordance with Section 26-54. However, the aggregate width of any such screening, excluding entrances and exits, shall not exceed 50 feet.

(c) Setback requirements

For all Quality Housing buildings, a setback shall be provided in accordance with the following regulations:

(1) At a height not lower than the minimum base height or higher than the maximum base height specified for the applicable district in paragraph (b) of this Section, 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.

(2) 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.

(3) Notwithstanding the provisions of paragraph (c)(2) above, 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.

(4) 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. Furthermore, dormers provided in accordance with the provisions of Section 23-621 (Permitted obstructions in certain districts) may penetrate a required setback area.

(5) In R9D Districts, for buildings or other structures on zoning lots that front upon an elevated rail line, at a height between grade level and 25 feet, a setback with a depth of at least 20 feet shall be provided from the street line fronting on such elevated rail line. The depth of such setback may be reduced by one foot for every foot that the depth of the zoning lot, measured perpendicular to the elevated rail line, is less than 110 feet, but in no event shall a setback less than 10 feet in depth be provided.

23-663

Tower regulations in R9D and R10X Districts

†

R9D R10X

In the districts indicated, any Quality Housing building or other structure, or portions thereof, which in the aggregate occupies 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 Section 23-651), above a height of 85 feet above the base plane, is hereinafter referred to as a tower. Dormers permitted within a required setback area pursuant to Section 23-623 (Permitted obstructions in certain districts) shall not be counted towards tower coverage. Such tower may exceed a height limit of 85 feet above the base plane provided the base of such tower complies with the applicable street wall location and height and setback provisions of Sections 23-661 and 23-662, respectively, and provided that the tower portion complies with the following, as applicable:

(a) at all levels, such tower shall be set back from the street wall of a base at least 15 feet along a narrow street and at least 10 feet along a wide street, except such dimensions may include the depth of any permitted recesses in the street wall;

(b) the minimum coverage of such tower above a height of 85 feet above the base plane is at least 33 percent of the lot area of the zoning lot; however, such minimum coverage requirement shall not apply to the highest 40 feet of such tower;

(c) in R9D Districts, the highest four stories, or as many stories as are located entirely above a height of 165 feet, whichever is less, shall have a lot coverage of between 50 percent and 80 percent of the story immediately below such stories. Such reduced lot coverage shall be achieved by one or more setbacks on each face of the tower, where at least one setback on each tower face has a depth of at least four feet, and a width that, individually or in the aggregate, is equal to at least 10 percent of the width of such respective tower face. For the purposes of this paragraph (c), each tower shall have four tower faces, with each face being the side of a rectangle within which the outermost walls of the highest story not subject to the reduced lot coverage provisions have been inscribed. The required setbacks shall be measured from the outermost walls of the building, perpendicular to each tower face. Required setback areas may overlap; and

(d) in R9D Districts, for towers fronting on elevated rail lines, the outermost walls of each story located entirely above a height of 85 feet shall be inscribed within a rectangle. The maximum length of any side of such rectangle that is parallel to, or within 45 degrees of being parallel to, such elevated rail line shall be 125 feet, or 75 percent of the frontage of the zoning lot along such elevated rail line, whichever is less.

23-664

Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors

R6 R7 R8 R9 R10

In the districts indicated, the provisions of this Section shall apply to Quality Housing buildings on zoning lots meeting the criteria set forth in paragraph (a) of this Section. For the purposes of this Section, defined terms include those set forth in Sections 12-10 and 23-911. Additional height and setback provisions for compensated developments and MIH developments, as defined in Section 23-911, are set forth in Sections 23-951 and 23-952, respectively.

(a) Eligible buildings

The additional heights and number of stories permitted pursuant to this Section shall apply to:

(1) buildings on zoning lots in R10 Districts outside of Inclusionary Housing designated areas, where:

(i) in accordance with the provisions of paragraph (a) of Section 23-154 (Inclusionary Housing), the zoning lot achieves a floor area ratio of at least 11.0; and

(ii) such zoning lot includes a compensated development that contains affordable floor area;

(2) buildings on zoning lots in Inclusionary Housing designated areas, where:

(i) 50 percent or more of the floor area of the zoning lot contains residential uses; and

(ii) at least 20 percent of such residential floor area is affordable floor area provided in accordance with the provisions of paragraph (b) of Section 23-154;

(3) MIH developments on MIH zoning lots that also contain MIH sites, where such MIH zoning lot contains all affordable floor area required for such MIH development; or

(4) buildings on zoning lots where at least 20 percent of the floor area of the zoning lot contains affordable independent residences for seniors.

(b) For certain Quality Housing buildings in all applicable districts

For Quality Housing buildings meeting the criteria of paragraph (a) of this Section, the maximum base and building heights and maximum number of stories established in Section 23-662 shall be modified by Table 1 below. Separate maximum building heights are set forth within the table for Quality Housing buildings with qualifying ground floors and for those with non-qualifying ground floors.

TABLE 1

MODIFIED MAXIMUM BASE HEIGHT AND MAXIMUM BUILDING HEIGHT FOR CERTAIN QUALITY HOUSING BUILDINGS

FOR CONTEXTUAL DISTRICTS

District	Minimum Base Height (in feet)	Maximum Base Height (in feet)	Maximum Height for *Buildings or other Structures* with *non-qualifying ground floors* (in feet)	Maximum Height for *Buildings or other Structures* with *qualifying ground floors* (in feet)	Maximum Number of *Stories*
R6A	40	65	80	85	8
R7A	40	75	90	95	9
R7D	60	95	110	115	11
R7X¹	60	105	140	145	14
R8A	60	105	140	145	14
R8X	60	105	170	175	17
R9A²	60	125	170	175	17
R9A³	60	125	160	165	16
R9X²	105	145	200	205	20
R9X³	60	145	190	195	19
R10A²	125	155	230	235	23
R10A³	60	155	210	215	21

FOR NON-CONTEXTUAL DISTRICTS

District	Minimum Base Height (in feet)	Maximum Base Height (in feet)	Maximum Height for *Buildings or other Structures* with *non-qualifying ground floors* (in feet)	Maximum Height for *Buildings or other Structures* with *qualifying ground floors* (in feet)	Maximum Number of *Stories*
R6⁴	40	65	80	85	8
R7²	40	75	100	105	10
R7⁵	40	75	90	95	9
R8	60	105	140	145	14
R9²	60	125	170	175	17
R9³	60	125	160	165	16
R10²	125	155	230	235	23
R10³	60	155	210	215	21

¹ In R7X Districts, the modified base heights, maximum building heights and number of stories are permitted only for buildings on zoning lots meeting the criteria of paragraphs (a)(3) or (a)(4) of this Section

² For zoning lots or portions thereof within 100 feet of a wide street

³ 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

⁴For buildings meeting the criteria of paragraph (a)(4) of this Section, and buildings meeting the other criteria of paragraph (a) of this Section on zoning lots located within 100 feet of a wide street

⁵ For buildings meeting the criteria of paragraph (a)(4) of this Section, on zoning lots or portions thereof on a narrow street beyond 100 feet of a wide street, and for zoning lots with only wide street frontage, portions of such zoning lot beyond 100 feet of the street line

(c) Alternative regulations for certain Quality Housing buildings in non-contextual districts

For Quality Housing buildings in R6 through R8 Districts without a letter suffix and in an R9-1 District, the street wall location provisions of Sections 23-661 and the height and setback provisions of Section 23-662 and paragraph (b) of this Section need not apply to:

(1) buildings on MIH zoning lots meeting the criteria of paragraph (a)(3) of this Section.

(2) buildings on zoning lots containing an affordable independent residence for seniors meeting the criteria of paragraph (a)(4) of this Section, where such zoning lot is located within 150 feet of the following types of transportation infrastructure:

(i) an elevated rail line;

(ii) an open railroad right of way;

(iii) a limited-access expressway, freeway, parkway or highway, all of which prohibit direct vehicular access to adjoining land; or

(iv) an elevated street located on a bridge that prohibits direct vehicular access.

Such 150-foot measurement shall be measured perpendicular from the edge of such infrastructure.

In lieu thereof, the height of a building or other structure, or portion thereof, within 10 feet of a wide street or 15 feet of a narrow street, shall not exceed the maximum base height specified for the applicable zoning district in Table 2 below. Beyond 10 feet of a wide street and 15 feet of a narrow street, the height of the building or other structure shall not exceed the maximum building height specified for the applicable district in the table, or the maximum number of stories, whichever is less.

TABLE 2

ALTERNATIVE MAXIMUM BASE HEIGHT AND MAXIMUM BUILDING HEIGHT FOR CERTAIN QUALITY HOUSING BUILDINGS IN NON-CONTEXTUAL DISTRICTS

District	Maximum Base Height (in feet)	Maximum Height of *Buildings or other Structures* (in feet)	Maximum Number of *Stories*
R6	65	115	11
R7-1 R7-2	75	135	13
R7-3	85	185	18
R8	105	215	21
R9-1	125	285	28

23-665

Additional regulations

R6 R7 R8 R9 R10

In the districts indicated, for all Quality Housing buildings, the following additional regulations shall apply:

(a) Existing buildings may be vertically enlarged by up to one story or 15 feet without regard to the street wall location requirements of Section 23-661.

(b) On through lots which extend less than 180 feet in maximum depth from street to street, the street wall location requirements of Section 23-661 shall be mandatory along only one street frontage.

(c) The street wall location and minimum base height provisions of Sections 23-661 and 23-662, respectively, shall not apply along any street frontage of a zoning lot occupied by buildings whose street wall heights or widths will remain unaltered.

(d) The minimum base height provisions of Section 23-662 shall not apply to buildings developed or enlarged after February 2, 2011, that do not exceed such minimum base heights, except where such buildings are located on zoning lots with multiple buildings, one or more of which is developed, enlarged or altered after February 2, 2011, to a height exceeding such minimum base heights.

(e) The City Planning Commission may, upon application, authorize modifications in the required street wall location if the Commission finds that existing buildings, or existing open areas serving existing buildings to remain on the zoning lot, would be adversely affected by the location of the street walls in the manner prescribed in Section 23-661.

(f) For any zoning lot located in a Historic District designated by the Landmarks Preservation Commission, the street wall location and minimum base height regulations of Sections 23-661 and 23-662, respectively, or as modified in any applicable Special District, shall be modified as follows:

(1) The minimum base height of a street wall may vary between the height of the street wall of an adjacent building before setback, if such height is lower than the minimum base height required, up to the minimum base height requirements of Section 23-661, or as modified in any applicable Special District.

(2) The maximum base height of a street wall may vary between the height of the street wall of an adjacent building before setback, if such height is higher than the maximum base height allowed, and the maximum base height requirements of this Section, provided that such height not exceed 150 feet and provided such zoning lot is located within the area bounded by West 22nd Street, a line 100 feet west of Fifth Avenue, a line midway between West 16th Street and West 17th Street, and a line 100 feet east of Sixth Avenue.

(3) The location of the street wall of any building may vary between the street wall location requirements of Section 23-661, or as modified in any applicable Special District, and the location of the street wall of an adjacent building fronting on the same street line.

(g) In R9D Districts, where a building on an adjacent zoning lot has dwelling unit windows located within 30 feet of a side lot line of the development or enlargement, an open area extending along the entire length of such side lot line with a minimum width of 15 feet shall be provided. Such open area may be obstructed only by the permitted obstructions set forth in Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

(h) For the purposes of applying the street wall location as well as the height and setback provisions of Sections 23-661 and 23-662, 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.

23-67

Special Height and Setback Provisions for Certain Areas

23-671

Special provisions for zoning lots directly adjoining public parks

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

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 Sections 23-63 (Height and Setback in R1 Through R5 Districts), 23-64 (Basic Height and Setback Requirements) and 23-66 (Height and Setback Requirements for Quality Housing Buildings) 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.

23-672

Special height and setback regulations in R10 Districts within Community District 7, Borough of Manhattan

Within the boundaries of Community District 7 in the Borough of Manhattan, all buildings or other structures located in R10 Districts, except R10A or R10X Districts, utilizing the basic height and setback requirements of Section 23-64 (Basic Height and Setback Requirements), shall also comply with the provisions of this Section.

The front building wall of all buildings on a zoning lot with any frontage on a wide street, shall extend along the entire wide street frontage of the zoning lot without a setback for a height of 125 feet above the curb level or the full height of the building, whichever is less. Above a height of 125 feet, the front building wall may be set back at least 10 feet on a wide street or 15 feet on a narrow street. Above a height of 150 feet, the front building wall shall be set back at least 10 feet. These mandatory front building wall requirements also apply to all buildings along all street lines of narrow streets within 50 feet of their intersection with the street lines of wide streets. For the next 20 feet along the street line of a narrow street, the mandatory front building wall requirements are optional. The height and setback regulations of the underlying district shall apply along street lines, or portions thereof, not subject to the front building wall requirements.

Front wall recesses are permitted above the level of the second story ceiling or 23 feet above curb level, whichever is less, provided that the aggregate width of all recesses at the level of any story does not exceed 50 percent of the width of the front wall. The depth of such recess shall not exceed 10 feet. No front wall recesses are permitted within 20 feet of the intersection of two street lines.

Front wall openings are permitted below the level of the second story ceiling, for entrances only.

The preceding street wall location provisions shall not apply along any street frontage of a zoning lot occupied by existing buildings whose street walls remain unaffected by alterations or enlargements to such existing buildings.

However, the provisions of this Section shall not apply to any building for which the City Planning Commission has granted a special permit pursuant to Section 74-95 (Modifications of Housing Quality Special Permits) nor shall it apply to any building located within the Special Lincoln Square District or within the former West Side Urban Renewal Area, excluding frontages along Central Park West or to the block bounded by Frederick Douglass Circle, Cathedral Parkway, Manhattan Avenue, West 109th Street and Central Park West. On application, the Commission may grant special authorization for minor modifications of the mandatory front wall provisions of this Section involving an enlargement, upon a showing of compelling necessity. Such authorization, however, may in no event include modification of permitted floor area regulations.

23-673

Special bulk regulations for certain sites in Community District 4, Borough of Manhattan

Within the boundaries of Community District 4 in the Borough of Manhattan, excluding the Special Clinton District, for developments or enlargements in R8 Districts without a letter suffix, on zoning lots larger than 1.5 acres that include residences for which public funding, as defined in Section 23-911 (General definitions) is committed to be provided, the City Planning Commission may authorize modifications of height and setback regulations, provided the Commission finds that such modifications will facilitate the provision of such residences, and such modifications will not unduly obstruct access of light and air to the detriment of the occupants or users of buildings on the zoning lot or nearby properties, open space or streets. Prior to issuing a building permit for any development or enlargement utilizing modifications granted by this authorization, the Department of Buildings shall be furnished with written notice of a commitment from the appropriate funding agency for the provision of such public funding.

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

23-674

Special height and setback regulations for certain sites in Community District 9, Borough of 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 Quality Housing Program. The underlying bulk regulations for Quality Housing buildings shall apply, except as follows:

(a) the maximum height of a building or other structure set forth in Section 23-662 shall be modified so that the maximum height of a building or other structure, or portion thereof, within 100 feet of a wide street shall be 120 feet, and the maximum height of a building or other structure, or portion thereof, on a narrow street beyond 100 feet of a wide street shall be 105 feet; and

(b) the alternate height and setback regulations for certain Quality Housing buildings in non-contextual districts, as set forth in paragraph (c) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors) shall not apply to buildings on zoning lots meeting the criteria set forth in paragraph (a) of Section 23-664.

23-675

Provisions for certain R10 Districts within Community District 6 in the Borough of 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 tower provisions of paragraph (a) of Section 23-65 (Tower Regulations) shall be modified to require that the tower-on-a-base provisions of Section 23-651 apply to all buildings where more than 25 percent of the total floor area of the building is allocated to residential uses. However, for zoning lots with narrow street frontages, such provisions shall be modified in accordance with the provisions of this Section.

(a) Tower modifications

The tower regulations of paragraph (a) of Section 23-651 shall be modified as follows:

(1) For buildings that do not meet the location criteria of paragraph (a)(2) of Section 23-65, the provisions of paragraph (a)(3) of Section 23-651 shall be modified to require at least 45 percent of the total floor area permitted on the zoning lot to 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) For buildings that do not meet the location criteria of paragraph (a)(2) of Section 23-65, the tower setback provisions of paragraph (a)(4) of Section 23-651 shall be modified to permit such required setback along a narrow street to be reduced by one foot for every foot that the street wall is located beyond the street line. However, in no event shall a setback of less than seven feet in depth be provided.

(3) The tower location restrictions of paragraph (a)(5) of Section 23-651 shall not apply. In lieu thereof, towers shall be permitted on a narrow street beyond 100 feet of its intersection with a wide street.

(4) For the purposes of determining the permitted tower coverage and the required minimum distance between buildings or portions thereof on zoning lots with both narrow street and wide street frontage, that portion of a zoning lot located either within 125 feet from the wide street frontage along the short dimension of a block or within 100 feet from the wide street frontage along the long dimension of a block, shall be treated as a separate zoning lot from that portion beyond, with frontage along a narrow street.

(b) Building base modifications

The building base regulations of paragraph (b) of Section 23-651 shall be modified as follows:

(1) For buildings, or portions thereof, fronting on a narrow street beyond 125 feet of its intersection with a wide street, the street wall location provisions of paragraph (b)(1)(ii) of Section 23-651 shall be modified to require that at least 70 percent of the aggregate width of street walls in the building base be located within eight feet of the street line.

(2) For buildings, or portions thereof, fronting on a narrow street beyond 100 feet of its intersection with a wide street, the height of street wall provisions of paragraph (b)(2)(ii) of Section 23-651 shall be modified so that where the height of an adjacent building is between 60 feet and 85 feet, one of the three matching alternatives set forth in paragraphs (b)(2)(i)(a) through (b)(2)(i)(c) shall be applied.

(3) The dormer provisions of paragraph (b)(3) of Section 23-651 shall be modified to permit dormers on narrow streets beyond 70 feet of its intersection with a wide street.

23-68

Special Provisions for Zoning Lots Divided by District Boundaries

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

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 23-65 (Tower Regulations) apply and a district to which such provisions do not apply, the provisions set forth in Article VII, Chapter 7, shall apply.

23-69

Special Height Limitations

23-691

Limited Height Districts

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, wherever such districts are located 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-1A	60 feet
LH-2	70 feet
LH-3	100 feet

23-692

Height limitations for narrow buildings or enlargements

R7-2 R7D R7X 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:

(a) 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;

(b) 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;

(c) 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;

(d) 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.

(e) 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 and tower regulations of Sections 23-642, 23-65, 24-53, 24-54, 33-44 and 33-45 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 :

(i) 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;

(ii) abutting buildings on a single zoning lot may be considered a single building, except as set forth in paragraph (e)(6) of this Section.

(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 provisions of paragraphs (b) and (c) in Section 23-532 (Required rear yard equivalents) shall not apply.

(6) Quality Housing buildings shall be exempt from the provisions of this Section provided the width of the street wall at the maximum base height required by Sections 23-66 or 35-65 is at least 45 feet. For such buildings, a street wall that is less than 45 feet wide may be constructed above such base. For the purposes of this paragraph (e)(6), abutting buildings on a single zoning lot shall not be considered a single building. However, where all the requisite structural framing and all enclosing walls and roofs were completed for an enlargement, in accordance with a building permit issued prior to a September 11, 2007, Board of Standards and Appeals ruling (67-07-A) that resulted in the enlargement being ineligible for a certificate of occupancy, abutting buildings on a single zoning lot may be considered a single building provided such zoning lot is formed prior to August 2, 2011.

23-693

Special provisions applying adjacent to R1 through R6B Districts

R6 R7 R8 R9 R10

In the districts indicated, within 25 feet of an R1 through R5 District or an R6B District, the height of a development or enlargement of a building, or portions thereof, shall not exceed the height set forth in the table below for the applicable district.

	Height permitted within 25 feet of
District	R1 through R5 District, other than R5D District (in feet)	R5D or R6B District (in feet)
R6 R6A R7¹ R7B R8B	45	55
R7² R7A R7D	55	65
R7X R8 R8A R8X R9 R10	65	65

¹ For zoning lots or portions thereof on a narrow street beyond 100 feet of a wide street and, for zoning lots with only wide street frontage, portions of such zoning lot beyond 100 feet of the street line

² For zoning lots or portions thereof within 100 feet of a wide street

23-71

Minimum Distance Between Buildings on a Single Zoning Lot

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

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 purposes of this Section, abutting buildings on a single zoning lot may be considered a single building.

However, these provisions do not apply:

(a) to the extent that such two buildings are separated from each other by a rear yard equivalent as set forth in Section 23-532 (Required rear yard equivalents) or 23-533 (Required rear yard equivalents for Quality Housing buildings), as applicable; or

(b) to space between a single-family, two-family, or three-family residence and a garage accessory thereto.

23-711

Standard minimum distance between buildings

†

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, 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 buildings and the presence of legally required windows in facing building walls. Such minimum distance shall be, in feet, as indicated in the following table:

Wall Condition*	Maximum *Building* Height above *Base Plane* or *Curb Level*, as Applicable (in feet)
Wall Condition*	25	35	40	50	Over 50
Wall to Wall	20	25	30	35	40
Wall to Window	30	35	40	45	50
Window to Window	40	45	50	55	60

^* Wall condition shall be defined as:

"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.

In addition, the following rules shall apply:

the minimum distances set forth in this table shall be provided at the closest point between buildings;
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;
where buildings of different heights face each other, the average of the heights of such buildings shall determine the minimum distance required between them;
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;
portions of buildings above 125 feet that exceed, in aggregate, a lot coverage of 40 percent, shall be spaced at least 80 feet apart;
in R1, R2, R3, R4A and R4-1 Districts within lower density growth management areas, the provisions of this paragraph, (f), shall apply to any zoning lot with two or more buildings where at least 75 percent of the floor area of one building is located beyond 50 feet of a street line and the private road provisions do not apply. For the purposes of this paragraph, any building containing residences with no building containing residences located between it and the street line so that lines drawn perpendicular to the street line do not intersect any other building containing residences shall be considered a “front building,” and any building containing residences with at least 75 percent of its floor area located beyond the rear wall line, or prolongation thereof, of a “front building” shall be considered a “rear building.” The minimum distances set forth in the table in this Section shall apply, except that a minimum distance of 45 feet shall be provided between any such front and rear buildings; and
the obstructions permitted for any yard set forth in paragraph (a) of Section 23-441 (General permitted obstruction allowances), shall be permitted in such minimum distance.

23-72

Subdivision of a Zoning Lot After Development

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts as indicated, after any portion of a zoning lot has been developed under the provisions of Section 23-71 (Minimum Distance Between Buildings on a Single Zoning Lot), such zoning lot may be divided into smaller zoning lots only if each resulting zoning lot and building or buildings thereon comply with all the bulk regulations of the district in which they are located, except as provided in Article VII, Chapter 8.

23-81

Definitions

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

23-82

Building Walls Regulated by Minimum Spacing Requirements

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, at any level at which two portions of a single building or abutting buildings on a single zoning lot are not connected one to the other, such portions shall be deemed to be two separate buildings, and the provisions set forth in Section 23-71 (Minimum Distance Between Buildings on a Single Zoning Lot) shall apply. In applying such provisions, the height of the two portions shall be measured from the roof of the connecting portion of such building instead of from the base plane or curb level, as applicable.

23-83

Building Walls Regulated by Other Than Minimum Spacing Requirements

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, to the extent that the provisions of Section 23-82 (Building Walls Regulated by Minimum Spacing Requirements) do not apply, the minimum distance between different walls of the same building shall conform to the regulations set forth in the following Sections:

Section 23-84        (Outer Court Regulations)

Section 23-85        (Inner Court Regulations)

Section 23-86        (Minimum Distance Between Legally Required Windows and Walls or Lot Lines)

Section 23-87        (Permitted Obstructions in Courts).

For the purposes of these Sections, abutting buildings on a single zoning lot shall be considered a single building.

However, 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.

23-84

Outer Court Regulations

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

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

23-841

Narrow outer courts

R1 R2 R3 R4 R5

(a) In the districts indicated, if an outer court is less than 30 feet wide, the width of such outer court shall be at least one and one-third the depth of such outer court.

However, in R3, R4 or R5 Districts, for single- and two-family residences, three stories or less in height, the width of such outer court shall be at least equal to the depth of such outer court.

R6 R7 R8 R9 R10

(b) In the districts indicated, if an outer court is less than 30 feet wide, the width of such outer court shall be at least equal to the depth of such outer court. However, the depth of an outer court may exceed its width in a small outer court, provided that:

(1) no legally required windows shall face onto such small outer court or any outer court recess thereof;

(2) such small outer court is located above the level of the first story;

(3) 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

(4) where the perimeter walls of such small outer court exceed a height of 75 feet, as measured from the lowest level of such outer court, at least 50 percent of such perimeter walls above a height of 75 feet shall setback 10 feet from the court opening. However, the depth of such required setback may be reduced one foot for every foot the minimum dimension of such court exceeds a width of 10 feet.

23-842

Wide outer courts

R1 R2 R3 R4 R5

(a) In the districts indicated, if an outer court is 30 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 60 feet.

R6 R7 R8 R9 R10

(b) In the districts indicated, if an outer court is 30 feet or more in width, an outer court may extend to any depth.

23-843

Outer court recesses

R1 R2 R3 R4 R5

(a) In the districts 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 60 feet.

R6 R7 R8 R9 R10

(b) In the districts indicated, the width of an outer court recess shall be at least equal to the depth of such outer court recess, except that such width need not exceed 30 feet.

23-844

Modification of court and side yard regulations in the area of the former Bellevue South Urban Renewal Plan in the Borough of Manhattan

In the Borough of Manhattan, in the area designated by the former Bellevue South Urban Renewal Plan, for a development or enlargement on a zoning lot that adjoins a zoning lot including a building containing residences with non-complying courts along the common side lot line, the court regulations of Section 23-80 and the open area requirements of paragraph (c) of Section 23-462 (Side yards for all other buildings containing residences) may be modified to allow an open area at least eight feet wide to extend along a portion of the side lot line.

23-85

Inner Court Regulations

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

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

23-851

Minimum dimensions of inner courts

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.

R1 R2 R3 R4 R5

(a) In the districts indicated, 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. In R1, R2 and R3 Districts, the area of an inner court shall not be less than 200 square feet and the minimum dimension of such inner court shall not be less than 12 feet.

R6 R7 R8 R9 R10

(b) In the districts indicated, 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.

However, the area and dimensions of an inner court may be reduced for a small inner court, provided that:

(1) no legally required windows shall face onto such small inner court or any inner court recess thereof;

(2) 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

(3) where the perimeter walls of such small inner court exceed a height of 75 feet, as measured from the lowest level of such inner court, at least 50 percent of such perimeter walls above a height of 75 feet shall setback 10 feet from the court opening. However, the depth of such required setback may be reduced one foot for every foot the minimum dimension of such court exceeds a width of 10 feet.

23-852

Inner court recesses

R1 R2 R3 R4 R5

(a) In the districts indicated, the width of an inner court recess shall be at least twice the depth of the recess. However, if the recess opening is 60 feet or more in width, this provision shall not apply.

R6 R7 R8 R9 R10

(b) In the districts indicated, 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 30 feet.

23-86

Minimum Distance Between Legally Required Windows and Walls or Lot Lines

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts as indicated, the minimum distance between legally required windows and walls or lot lines shall be as set forth in this Section, except that this Section shall not apply to legally required windows in buildings containing residences :

(a) in R2X, R3, R4 or R5A Districts, with a maximum height of 35 feet and with a maximum of three units; and

(b) in other districts either:

(1) with a maximum height of 32 feet and with a maximum of three units; or

(2) with three stories if the lowest story is either a basement or is excluded from floor area by definition.

For the purposes of this Section, abutting buildings on the same zoning lot shall be considered a single building.

23-861

General provisions

†

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, except as otherwise provided in Section 23-862 (Minimum distance between legally required windows and lot lines on small corner lots in R9 or R10 Districts) or Section 23-863 (Minimum distance between legally required windows and any wall in an inner court), the minimum distance between a legally required window and:

any wall;
a rear lot line, or vertical projection thereof; or
a side lot line, or vertical projection thereof;

shall be 30 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; provided, however, that a legally required window may open on any outer court meeting the requirements of Section 23-84 (Outer Court Regulations), except for small outer courts in R6 through R10 Districts, the provisions for which are set forth in paragraph (b) of Section 23-841 (Narrow outer courts).

The obstructions permitted for any yard set forth in paragraph (a) of Section 23-441 (General permitted obstruction allowances), shall be permitted in such minimum distance.

However, for shallow interior lots in R6 through R10 Districts, the minimum distance between a legally required window and a rear lot line, or vertical projection thereof, may be reduced to equal the rear yard depth required pursuant to the provisions of Section 23-52 (Special Provisions for Shallow Interior Lots). 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 20 feet.

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 to the sky from ground level up 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, gutters, open accessory off-street parking spaces, qualifying exterior wall thickness, ramps for access by the handicapped, and steps shall be permitted obstructions in such open area, subject to the conditions set forth in of Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents), 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.

23-862

Minimum distance between legally required windows and lot lines on small corner lots in R9 or R10 Districts

†

R9 R10

In the districts indicated, on a corner lot less than 10,000 square feet in lot area, a legally required window may open on a yard bounded on one side by a front lot line and having a minimum width of 20 feet, provided that the provisions of Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) shall not apply to such yard. However, accessory mechanical equipment limited in depth to 18 inches from an exterior wall, awnings and other sun control devices, qualifying exterior wall thickness, and solar energy systems on walls, as set forth in Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents), shall be permitted within such minimum distance.

23-863

Minimum distance between legally required windows and any wall in an inner court

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the minimum horizontal distance between a legally required window opening on an inner court and any wall opposite such window on the same zoning lot shall not be less than 30 feet. However, such provisions shall not apply to small inner courts, the provisions for which are set forth in paragraph (b) of Section 23-851 (Minimum dimensions of inner courts).

Such minimum distance shall be measured in a horizontal plane at the sill level of, and perpendicular to, the legally required window for the full width of the rough window opening, between such window and a projection of such wall onto such horizontal plane.

23-87

Permitted Obstructions in Courts

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R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the obstructions permitted for any yard set forth in paragraph (a) of Section 23-441 (General permitted obstruction allowances), 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:

Fences
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;
Energy infrastructure equipment and accessory mechanical equipment, subject to the requirements set forth in Section 23-442;
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 23-62 (Permitted Obstructions), shall be permitted.

23-88

Minimum Distance Between Lot Lines and Building Walls

23-881

Minimum distance between lot lines and building walls in lower density growth management areas

In R1, R2, R3, R4-1 and R4A Districts within lower density growth management areas, the provisions of this Section shall apply to any zoning lot with two or more buildings, where at least 75 percent of the floor area of one building is located beyond 50 feet of a street line and the private road provisions do not apply. For the purposes of this Section, any building containing residences with no building containing residences located between it and the street line so that lines drawn perpendicular to the street line do not intersect any other building containing residences shall be considered a “front building,” and any building containing residences with at least 75 percent of its floor area located beyond the rear wall line, or prolongation thereof, of a “front building” shall be considered a “rear building”. An open area with a minimum width of 15 feet shall be provided between any such “rear building” and the side lot line of an adjoining zoning lot, and an open area with a minimum width of 30 feet shall be provided between any such “rear building” and the rear lot line of an adjoining zoning lot. The permitted obstruction provisions of Section 23-44 for side yards shall apply where such open areas adjoin a side lot line, and the permitted obstruction provisions of Section 23-44 for rear yards shall apply where such open areas adjoin a rear lot line.

23-882

Minimum distance between lot lines and building walls in R1 through R5 Districts

R1 R2 R3 R4 R5

In the districts indicated, for corner lots with multiple buildings or building segments, an open area at least 30 feet in depth shall be provided between the side lot line and the rear wall line of any building or building segment that does not front upon two streets in its entirety.

23-89

Open Area Requirements for Residences

23-891

In R1 through R5 Districts

R1 R2 R3 R4 R5

In the districts indicated, except R4B and R5B Districts, the provisions of this Section shall apply to all zoning lots with two or more buildings or building segments containing residences. All such buildings or building segments shall provide open areas in accordance with this Section. Only those obstructions set forth in Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) shall be allowed, except that parking spaces, whether enclosed or unenclosed, and driveways, shall not be permitted within such open areas.

(a) An open area shall be provided adjacent to the rear wall of each such building or building segment. For the purposes of this Section, the “rear wall” shall be the wall opposite the wall of each building or building segment that faces a street or private road. The width of such open area shall be equal to the width of each building or building segment, and the depth of such open area shall be at least 30 feet when measured perpendicular to each rear wall. No such open areas shall serve more than one building or building segment.

(b) For buildings or building segments that front upon two or more streets or private roads, and for buildings or building segments that do not face a street or private road, one wall of such building or building segment shall be designated the rear wall, and the open area provisions of this Section applied adjacent to such wall. However, for not more than one building or building segment located at the corner of intersecting streets or private roads, the depth of such required open area may be reduced to 20 feet.

23-892

In R6 through R10 Districts

R6A R6B R7A R7B R7D R7X R8A R8B R8X R9A R9D R9X R10A R10X

In the districts indicated, and for Quality Housing buildings in R6 through R10 Districts without a letter suffix, 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, pursuant to the provisions of Section 28-23 (Planting Areas).

23-91

Definitions

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

23-911

General definitions

The following definitions shall apply throughout Section 23-90 (INCLUSIONARY HOUSING), inclusive:

Administering agent

An “administering agent” is the entity responsible for ensuring, pursuant to a regulatory agreement, that:

(a) each subject rental affordable housing unit is rented in compliance with such regulatory agreement at rent-up and upon each subsequent vacancy; or

(b) each subject homeownership affordable housing unit is owned and occupied in compliance with such regulatory agreement at sale and upon each resale.

Affordable floor area

(a) Where all of the dwelling units, rooming units and supportive housing units in a generating site or MIH 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 generating site or MIH site is “affordable floor area.”

(b) Where one or more of the dwelling units or rooming units in a generating site, other than any super’s unit, are not affordable housing units, the affordable floor area in such generating site is the sum of:

(1) all of the residential floor area within the perimeter walls of the affordable housing units in such generating site; plus

(2) a figure determined by multiplying the residential floor area of the eligible common areas in such generating site by a fraction, the numerator of which is all of the residential floor area within the perimeter walls of the affordable housing units in such generating site and the denominator of which is the sum of the residential floor area within the perimeter walls of the affordable housing units in such generating site plus the residential floor area within the perimeter walls of the dwelling units or rooming units in such generating site, other than any super’s unit, that are not affordable housing units.

(c) Where one or more of the dwelling units or rooming units in an MIH site, other than any super’s unit, are not affordable housing units, the affordable floor area in such MIH site is the sum of:

(1) all of the residential floor area of the affordable housing units in such MIH site; plus

(2) a figure determined by multiplying the residential floor area of the eligible common areas in such MIH site by a fraction, the numerator of which is all of the residential floor area of the affordable housing units in such MIH site and the denominator of which is the sum of the residential floor area of the affordable housing units in such MIH site plus the residential floor area of the dwelling units or rooming units in such MIH site, other than any super’s unit, that are not affordable housing units.

Affordable housing

“Affordable housing” consists of:

(a) affordable housing units; and

(b) eligible common areas.

Affordable housing fund

With respect to the requirements of paragraph (d)(3)(v) of Section 23-154, 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 on an annual basis.

Further provisions for the use of such funds may be set forth in the guidelines.

Affordable housing plan

An “affordable housing plan” is a plan approved by HPD to develop, rehabilitate or preserve rental or homeownership affordable housing on a generating site, pursuant to the provisions of Section 23-90, inclusive.

Affordable housing unit

An “affordable housing unit” is:

(a) a dwelling unit, other than a super’s unit, that is used for class A occupancy as defined in the Multiple Dwelling Law and that is or will be restricted, pursuant to a regulatory agreement, to occupancy by:

(1) low income households;

(2) where permitted by paragraph (c) of Section 23-154 (Inclusionary Housing), either low income households or a combination of low income households and moderate income households or middle income households;

(3) upon resale of homeownership affordable housing units, other eligible buyers, as applicable; or

(4) qualifying households;

(b) a rooming unit, other than a super’s unit, that is used for class B occupancy as defined in the Multiple Dwelling Law and that is or will be restricted, pursuant to a regulatory agreement, to occupancy by low income households; or

(c) a supportive housing unit within a supportive housing project.

Affordable housing units that are restricted to homeownership, as defined in Section 23-913, pursuant to a regulatory agreement, must be dwelling units.

Capital element

“Capital elements” are, with respect to any generating site or MIH site, the electrical, plumbing, heating and ventilation systems in such generating site, any air conditioning system in such generating site and all facades, parapets, roofs, windows, doors, elevators, concrete and masonry in such generating site and any other portions of such generating site or MIH site specified in the guidelines.

Compensated development

In areas other than Mandatory Inclusionary Housing areas, a “compensated development” is a development, an enlargement of more than 50 percent of the floor area of an existing building or, where permitted by the provisions of Section 98-262 (Floor area increase), a conversion of a building, or portion thereof, from non-residential use to dwelling units, that is located within a compensated zoning lot.

Compensated zoning lot

A “compensated zoning lot” is a zoning lot not located in a Mandatory Inclusionary Housing area, that contains a compensated development and receives an increased floor area ratio, pursuant to the provisions of Sections 23-154 and 23-90, inclusive.

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 generating site or MIH site is complete and stating the affordable floor area of such affordable housing.

Eligible common area

In a generating site, “eligible common area” includes any residential floor area that is located within the perimeter walls of a super’s unit, and also includes any residential floor area in such generating site that is not located within the perimeter walls of any other dwelling unit or rooming unit, except any residential floor area for which a user fee is charged to residents of affordable housing units.

In an MIH site, 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 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.

Floor area compensation

“Floor area compensation” is any additional residential floor area permitted in a compensated development, pursuant to the provisions of Sections 23-154 and 23-90, inclusive.

Generating site

A “generating site” is a building or building segment containing either residential affordable floor area or a supportive housing project, which generates floor area compensation. Non-residential floor area on a generating site, other than a supportive housing project, may not generate floor area compensation.

A generating site may also be an MIH site, provided that no floor area that satisfies the requirements of paragraphs (d)(3)(i) through (d)(3)(iv) or (d)(5) of Section 23-154 (Inclusionary Housing) may also generate floor area compensation.

Grandfathered tenant

A “grandfathered tenant” is any household that:

(a) occupied an affordable housing unit in preservation affordable housing or substantial rehabilitation affordable housing on the regulatory agreement 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

(b) has not been certified by the administering agent to have an annual income below the low income limit, moderate income limit or middle income limit, as applicable to such affordable housing unit; or

(c) in homeownership preservation affordable housing or homeownership substantial rehabilitation affordable housing, has been certified by the administering agent to have an annual income below the low income limit, moderate income limit or middle income limit, as 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 23-96 (Requirements for Generating Sites or MIH 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 a qualifying household at initial occupancy of an affordable housing unit. 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 (d)(3)(iv) of Section 23-154 (Inclusionary Housing).

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:

(a) 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

(b) 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 or substantial rehabilitation affordable housing on the regulatory agreement date, initial occupancy is the regulatory agreement date.

Low income floor area

The “low income floor area" is the affordable floor area that is provided for low income households or, upon resale as defined in Section 23-913, for eligible buyers.

Low income household

A “low income household” is a household having an income less than or equal to the low income limit at initial occupancy, except that, with regard to low income floor area within preservation affordable housing or substantial rehabilitation affordable housing, a grandfathered tenant shall also be a low income household.

Low income limit

The “low income limit” is 80 percent of the income index.

Middle income floor area

The “middle income floor area” is the affordable floor area that is provided for middle income households or, upon resale as defined in Section 23-913, for eligible buyers.

Middle income household

A “middle income household” is a household having an income greater than the moderate income limit and less than or equal to the middle income limit at initial occupancy, except that, with regard to middle income floor area within substantial rehabilitation affordable housing, a grandfathered tenant shall also be a middle income household.

Middle income limit

The “middle income limit” is 175 percent of the income index.

MIH application

An “MIH application” is an application submitted to HPD that specifies how affordable housing will be provided on an MIH site, in compliance with the provisions of Section 23-90 (INCLUSIONARY HOUSING), inclusive.

MIH development

An “MIH development” is a development, enlargement or conversion that complies with the provisions of paragraphs (d)(3)(i) through (d)(3)(v) or (d)(5) of Section 23-154 (Inclusionary Housing), or provides affordable housing or a contribution to the affordable housing fund pursuant to such provisions as modified by special permit of the Board of Standards and Appeals pursuant to Section 73-624 (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 (d)(3)(i) through (d)(3)(iv) and (d)(5), as applicable, of Section 23-154 (Inclusionary Housing) for an MIH development in a Mandatory Inclusionary Housing area, or such provisions as modified by special permit of the Board of Standards and Appeals pursuant to Section 73-624 (Reduction or modification of Mandatory Inclusionary Housing requirements).

An MIH site may also be a generating site, provided that no floor area that satisfies the requirements of paragraphs (d)(3)(i) through (d)(3)(iv) or (d)(5) of Section 23-154 may also generate floor area compensation.

MIH zoning lot

An “MIH zoning lot” is a zoning lot that contains an MIH development.

Moderate income floor area

The “moderate income floor area” is the affordable floor area that is provided for moderate income households or, upon resale as defined in Section 23-913, for eligible buyers.

Moderate income household

A “moderate income household” is a household having an income greater than the low income limit and less than or equal to the moderate income limit at initial occupancy, except that, with regard to moderate income floor area within substantial rehabilitation affordable housing, a grandfathered tenant shall also be a moderate income household.

Moderate income limit

The “moderate income limit” is 125 percent of the income index.

New construction affordable housing

“New construction affordable housing” is affordable housing that:

(a) is located in a building or portion thereof that did not exist on a date which is 36 months prior to the regulatory agreement date;

(b) is located in floor area for which the Department of Buildings first issued a temporary or permanent certificate of occupancy on or after the regulatory agreement date; and

(c) complies with such additional criteria as may be specified by HPD in the guidelines.

Permit notice

For compensated developments, a “permit notice” is a notice from HPD to the Department of Buildings stating that building permits may be issued to utilize floor area compensation from all or a portion of the affordable floor area on a generating site. Any permit notice shall:

(a) state the amount of low income floor area, moderate income floor area or middle income floor area attributable to such generating site;

(b) state whether the affordable housing comprising such low income floor area, moderate income floor area or middle income floor area is new construction affordable housing, substantial rehabilitation affordable housing or preservation affordable housing;

(c) state whether the affordable housing comprising such low income floor area, moderate income floor area or middle income floor area has utilized public funding; and

(d) specify the amount of such affordable housing that the compensated development may utilize to generate floor area compensation.

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 (d) of Section 23-154 (Inclusionary Housing), or any modification of such provisions by special permit of the Board of Standards and Appeals pursuant to Section 73-624 (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:

(a) is a generating site that existed and was legally permitted to be occupied on the regulatory agreement date, except as permitted in the guidelines; and

(b) complies with the provisions of Section 23-961, paragraph (e)(Special requirements for rental preservation affordable housing) or Section 23-962, paragraph (f)(Special requirements for homeownership preservation 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. Public funding shall not include the receipt of rent subsidies pursuant to Section 8 of the United States Housing Act of 1937, as amended, or an exemption or abatement of real property taxes pursuant to Section 420-a, Section 420-c, Section 421-a, Section 422, Section 488-a or Section 489 of the Real Property Tax Law, Article XI of the Private Housing Finance Law or such other programs of full or partial exemption from or abatement of real property taxation as may be specified in the guidelines.

Qualifying household

A “qualifying household” is a low income household, moderate income household or middle income household that satisfies the applicable income band requirements of paragraphs (d)(3)(i) through (d)(3)(iv) or (d)(5) of Section 23-154 (Inclusionary Housing) or as provided by special permit of the Board of Standards and Appeals pursuant to Section 73-624 (Reduction or modification of Mandatory Inclusionary Housing requirements).

Regulatory agreement

A “regulatory agreement” is an agreement between HPD and the owner of the affordable housing or, for MIH sites, a restrictive declaration or other document as provided in the guidelines, that requires compliance with all applicable provisions of an affordable housing plan or MIH application, Section 23-90, inclusive, other applicable provisions of this Resolution and the guidelines.

Regulatory agreement date

The “regulatory agreement date” is, with respect to any affordable housing, the date of execution of the applicable regulatory agreement. If a regulatory agreement is amended at any time, the regulatory agreement date is the original date of execution of such regulatory agreement, without regard to the date of any amendment.

Regulatory period

The “regulatory period” is, with respect to any generating site, the entire period of time during which any floor area compensation generated by the affordable floor area on such generating site 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 in a compensated development.

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 paragraph (d) of Section 23-154 (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 73-624 (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.

Substantial rehabilitation affordable housing

“Substantial rehabilitation affordable housing” is affordable housing that:

(a) is a generating site that existed on the regulatory agreement date; and

(b) complies with the provisions of Section 23-961, paragraph (f) (Special requirements for rental substantial rehabilitation affordable housing), or Section 23-962, paragraph (g) (Special requirements for homeownership substantial rehabilitation affordable housing), as applicable.

Super’s unit

A “super’s unit” is, in any generating site or MIH site, not more than one dwelling unit or rooming unit that is reserved for occupancy by the superintendent of such building.

23-912

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 23-961 (Additional requirements for rental affordable housing).

Maximum monthly rent

The “maximum monthly rent” is:

(a) 30 percent of the low income limit for an affordable housing unit restricted to occupancy by low income households, divided by 12, minus the amount of any applicable utility allowance;

(b) 30 percent of the moderate income limit for an affordable housing unit restricted to occupancy by moderate income households, divided by 12, minus the amount of any applicable utility allowance; and

(c) 30 percent of the middle income limit for an affordable housing unit restricted to occupancy by middle income households, divided by 12, minus the amount of any applicable utility allowance.

For MIH sites, the maximum monthly rent for an affordable housing unit restricted to occupancy by a qualifying household is 30 percent of the income band applicable to that unit, divided by 12, minus any applicable utility allowance.

Monthly rent

The “monthly rent” is the monthly amount charged, pursuant to paragraph (b) of Section 23-961 (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 regulatory agreement date, except that, where one or more affordable housing units in preservation affordable housing or substantial rehabilitation affordable housing were occupied by grandfathered tenants on the regulatory agreement date, rent-up shall have the same meaning as regulatory agreement 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 or substantial rehabilitation affordable housing were occupied by grandfathered tenants on the regulatory agreement date, the rent-up date is the regulatory agreement date.

Supportive housing project

A “supportive housing project” is a non-profit institution with sleeping accommodations listed under Use Group III(A) , where:

(a) 100 percent of the supportive housing units within such generating site, have been restricted to use as affordable housing for persons with special needs pursuant to a regulatory agreement;

(b) such generating site does not contain any dwelling unit or rooming unit that is not accessory; and

(c) such generating site is not a compensated development.

However, with respect to the requirements of paragraphs (d)(3)(i) through (d)(3)(iv) or (d)(5) of Section 23-154 (Inclusionary Housing), 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 restricted to use as affordable housing for persons with special needs pursuant to a regulatory agreement.

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.

Utility allowance

A “utility allowance” is a monthly allowance set by HPD for the payment of utilities where the tenant of an affordable housing unit is required to pay all or a portion of the utility costs with respect to such affordable housing unit in addition to any payments of monthly rent.

23-913

Definitions applying to homeownership affordable housing

The following definitions shall apply to homeownership affordable housing, where homeownership is as defined in this Section:

Appreciated price

The “appreciated price” for any homeownership affordable housing unit is the product of the sale or resale price of such homeownership affordable housing unit on the previous sale date and the appreciation index applicable at resale as specified in the guidelines.

Appreciation cap

The “appreciation cap” is the resale price at which the combined cost of monthly fees, mortgage payments, utilities and property taxes to be paid by the homeowner would be equal to 30 percent of:

(a) 125 percent of the income index for a homeownership affordable housing unit that was restricted to occupancy by low income households at sale; or

(b) 175 percent of the income index for a homeownership affordable housing unit that was restricted to occupancy by moderate income households at sale; or

(c) 200 percent of the income index for a homeownership affordable housing unit that was restricted to occupancy by middle income households at sale.

For MIH sites, the multiple of the income index for homeownership affordable housing units occupied by qualifying households shall be as specified in the guidelines.

Appreciation index

The “appreciation index” is 100 until August 1, 2010. On or after August 1, 2010, the appreciation index shall be a number greater than 100, representing the cumulative increase in resale price of a homeownership affordable housing unit permitted pursuant to the annual rates of increase established by HPD.

HPD shall set the annual rate of increase at the same rate as the percentage change in the Consumer Price Index for all urban consumers, as defined by the U.S. Bureau of Labor Statistics, for the 12 months ended on June 30 of that year, plus one percent per year, but the annual rate of increase shall be no less than one percent per year. HPD shall adjust the Consumer Price Index component of the appreciation index on August 1 of each calendar year, commencing on August 1, 2010, based on the percentage change in the Consumer Price Index for the 12 months ended on June 30 of that calendar year. For a fraction of a year, the components of the appreciation index shall be set as specified in the guidelines. HPD may adjust the methodology for calculating the appreciation index not more than once every two years in accordance with the guidelines.

Commencement date

The “commencement date” is the date upon which sales for a percentage of homeownership affordable housing units in a generating site or MIH site set forth in the guidelines have been completed, except that, where one or more homeownership affordable housing units in preservation affordable housing or substantial rehabilitation affordable housing were occupied by grandfathered tenants on the regulatory agreement date, the commencement date is the regulatory agreement date.

Condominium association

A “condominium association” is an organization of condominium homeowners, with a form of governance specified in the guidelines, that manages the common areas and capital elements of a generating site or MIH site.

Cooperative corporation

A “cooperative corporation” is any corporation organized exclusively for the purpose of providing housing accommodations to shareholders who are persons or families entitled, by reason of ownership of shares in such corporation, to residential occupancy.

Down payment

The “down payment” is a payment that is not secured by any form of debt, made on or before the sale date by the eligible buyer approved by the administering agent to purchase a homeownership affordable housing unit.

Eligible buyer

An “eligible buyer” is a household that qualifies to buy a specific homeownership affordable housing unit. Such a household shall:

(a) except in the case of succession :

(1) be, at the time of application for an initial sale, a low income household, moderate income household, middle income household or qualifying household for which, at the initial price, the combined cost of monthly fees, mortgage payments, utilities and property taxes that would be paid for a homeownership affordable housing unit is not more than 35 percent and not less than 25 percent of such household's income. However, for a household that resided on a generating site or MIH site on the date of submission of an affordable housing plan, HPD may waive the requirement that housing costs be not less than 25 percent of such household’s income;

(2) be, at the time of application for a resale, in the case of an affordable housing unit initially limited to sale to a low income household, moderate income household, middle income household or qualifying household, any household for which, at the maximum resale price, the combined cost of monthly fees, mortgage payments, utilities and property taxes that would be paid for a homeownership affordable housing unit is not more than 35 percent and not less than 25 percent of such household's income;

(3) have cash or equivalent assets that are at least equal to the required down payment for such affordable housing unit. However, HPD may waive this requirement for a household that resided on a generating site or MIH site on the date of submission of an affordable housing plan to HPD; and

(4) meet such additional eligibility requirements as may be specified in the guidelines.

(b) in the case of succession :

(1) be, at the time of application, a household for which, at the maximum resale price, the combined cost of monthly fees, imputed mortgage payments, utilities and property taxes for the subject homeownership affordable housing unit is not less than 25 percent of such household's income; and

(2) meet such additional eligibility requirements as may be specified in the guidelines.

A grandfathered tenant is not an eligible buyer unless such grandfathered tenant has been certified by the administering agent to have an annual income at or below the low income limit, moderate income limit or middle income limit, as applicable to such homeownership affordable housing unit or, for MIH sites, meets such qualifications for eligibility specified in the guidelines.

Family member

“Family member” shall have the meaning set forth 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 an 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 sublettor pursuant to the guidelines.

Imputed mortgage payment

An “imputed mortgage payment” is the maximum mortgage payment at prevailing interest rates for a qualifying mortgage that could be paid to purchase a homeownership affordable housing unit at the maximum resale price, calculated in accordance with the guidelines.

Initial price

The “initial price” is the price at which a homeownership affordable housing unit may be offered for sale for the first time, pursuant to a regulatory agreement.

Maximum resale price

The “maximum resale price” for a homeownership affordable housing unit is the lesser of the appreciated price or the appreciation cap for such homeownership affordable housing unit.

Monthly fees

The “monthly fees” are any payments charged to a homeowner by a cooperative corporation or condominium association to provide for the reimbursement of the applicable homeownership affordable housing unit’s share of the expenses of such cooperative corporation or condominium association, as permitted by the regulatory agreement.

Mortgage

A “mortgage” is a mortgage loan, or a loan to purchase shares in a cooperative corporation, that has been approved by the administering agent and that has a fixed rate of interest, a term of at least 30 years at every sale and resale, a value not exceeding 90 percent of the sale price of such homeownership affordable housing unit at the time of the initial sale or 90 percent of the maximum resale price of such homeownership affordable housing unit at any time after the initial sale, and that is otherwise in compliance with the guidelines.

Mortgage payment

The “mortgage payment” is any monthly repayment of principal and interest on a mortgage.

Resale

A “resale” is any transfer of title to a condominium homeownership affordable housing unit after the first sale or any transfer of ownership of the shares in a cooperative corporation which are appurtenant to a homeownership affordable housing unit after the first sale.

Sale

A “sale” is the first transfer of title to a condominium homeownership affordable housing unit or the first transfer of ownership of the shares in a cooperative corporation which are appurtenant to an homeownership affordable housing unit on or after the regulatory agreement date.

Sale date

A “sale date” is the date of the sale or resale of any homeownership affordable housing unit. However, for homeownership affordable housing units in preservation affordable housing or substantial rehabilitation affordable housing occupied by grandfathered tenants on the regulatory agreement date, the initial sale date shall be the regulatory agreement date.

Succession

“Succession” is a resale from a homeowner to a family member of such homeowner.

23-92

General Provisions

The Inclusionary Housing Program is established to promote the creation and preservation of housing for residents with varied incomes in redeveloping neighborhoods and to enhance neighborhood economic diversity and thus to promote the general welfare. The requirements of this program are set forth in Section 23-90 (INCLUSIONARY HOUSING), inclusive.

Wherever the provisions of Section 23-90, inclusive, provide that approval is required, HPD may specify the form of such approval in the guidelines.

23-93

Applicability

23-931

Lower income housing plans approved prior to July 29, 2009

Any lower income housing plan, as defined by Section 23-93 prior to July 29, 2009, that has been approved by HPD prior to such date, and results, within one year after such approval, in the execution of a restrictive declaration pursuant to Section 23-95, paragraph (e), as such Section existed prior to July 29, 2009, shall be governed solely by the regulations in effect prior to July 29, 2009, unless a regulatory agreement with respect thereto specifically provides to the contrary. However, Section 23-953 (Additional requirements for compensated developments and MIH developments) shall apply to any permits or certificates of occupancy for compensated developments issued on or after July 29, 2009.

The floor area ratio of a compensated development may be increased in exchange for lower income housing, pursuant to a lower income housing plan, as both terms were defined by Section 23-93 prior to July 29, 2009, provided such lower income housing complies with all applicable provisions of Section 23-90 (INCLUSIONARY HOUSING) in effect prior to July 29, 2009, except as provided in this Section. Where such a compensated development is located in an R10 District outside of Inclusionary Housing designated areas, the provisions of paragraph (a) of Section 23-154 (Inclusionary Housing) shall not apply, and Section 23-941 (In R10 Districts other than Inclusionary Housing designated areas) as such Section existed prior to July 29, 2009, shall apply.

Any lower income housing plan, as such term was defined prior to July 29, 2009, that has been approved by HPD prior to such date, and any legal document related thereto, may be modified by HPD, to apply the provisions of paragraph (b) (Monthly rent), of Section 23-961 to such lower income housing plan.

23-932

R10 Districts

The Inclusionary Housing Program shall apply in all R10 Districts located in Inclusionary Housing designated areas, subject to the provisions of paragraph (b) of Section 23-154 (Inclusionary Housing) and in all R10 Districts located in Mandatory Inclusionary Housing areas, pursuant to the provisions of paragraph (d) of such Section. The Inclusionary Housing Program shall apply in all other R10 Districts, subject to the provisions of paragraph (a) of Section 23-154, as applicable.

23-933

Inclusionary Housing designated areas and Mandatory Inclusionary Housing areas

The Inclusionary Housing Program shall apply in Inclusionary Housing designated areas and Mandatory Inclusionary Housing areas.

The Inclusionary Housing Program shall also apply in special purpose districts when specific zoning districts or areas are defined as Inclusionary Housing designated areas or Mandatory Inclusionary Housing areas within the special purpose district.

The Inclusionary Housing Program shall also 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 23-934 (Special permit approval in Special Purpose Districts) and in waterfront areas as set forth in Section 62-831 (General provisions).

Inclusionary Housing designated areas and Mandatory Inclusionary Housing areas, with the applicable income mix options for each Mandatory Inclusionary Housing area, are listed in APPENDIX F of this Resolution.

23-934

Special permit approval in Special Purpose Districts

Last Amended3/22/2016

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 residential floor area where the special floor area requirements in Mandatory Inclusionary Housing areas of paragraph (d) of Section 23-154 (Inclusionary Housing) are not otherwise applicable, the Commission, in establishing the appropriate terms and conditions for the granting of such special permit, shall apply such requirements where consistent with the objectives of the Mandatory Inclusionary Housing program as set forth in Section 23-92 (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 such paragraph (d).

23-94

Methods of Providing Affordable Housing

(a) Except for MIH developments, affordable housing shall be either new construction affordable housing, substantial rehabilitation affordable housing or preservation affordable housing. For MIH developments, affordable housing shall be either new construction affordable housing or a conversion from non-residential to residential use. Such conversions shall comply with the requirements of Section 23-90, inclusive, applicable to new construction affordable housing.

(b) When determining whether affordable housing is new construction affordable housing, substantial rehabilitation affordable housing or preservation affordable housing in order to calculate floor area compensation, or when making a determination of which building or building segment constitutes a generating site, HPD may separately consider each building or building segment 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.

(c) The amount of affordable floor area in any generating site or MIH site shall be determined based upon plans for such generating site or MIH 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 generating 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.

(d) The amount of low income, moderate income and middle income floor area in a generating site and the amount of qualifying floor area for any income band in an MIH site shall be determined by the same method as the calculation of affordable floor area.

(e) Affordable housing units shall be either rental affordable housing or homeownership affordable housing.

(f) An MIH site that is part of an MIH zoning lot and contains no dwelling units other than affordable housing units shall be either a building that:

(1) shares a common street entrance with another building on the zoning lot that contains dwelling units other than 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 containing dwelling units other than affordable housing units. Such building shall have its primary entrance on a street frontage that has primary entrances for other residential buildings, except where HPD determines that the primary entrance is located in a manner that does not stigmatize occupants of affordable housing units.

23-95

Compensated Zoning Lots

The residential floor area ratio of a compensated zoning lot may be increased, and the residential floor area ratio of an MIH zoning lot shall be determined, in accordance with the applicable provisions of Section 23-154 (Inclusionary Housing).

23-951

Height and setback for compensated developments in Inclusionary Housing designated areas

In Inclusionary Housing designated areas, the compensated development shall comply with the height and setback regulations of Sections 23-66 or 35-65 (Height and Setback Requirements for Quality Housing Buildings) as applicable, except that:

(a) in Special Mixed Use Districts, the compensated development shall comply with the provisions of paragraphs (a) or (b) of Section 123-662 (All buildings in Special Mixed Use Districts with R6, R7, R8, R9 and R10 District designations), as applicable. However, where the Residence District designation is an R6 District without a letter suffix, the compensated development shall comply with the height and setback regulations of Section 23-66, regardless of whether the building is developed or enlarged pursuant to the Quality Housing Program;

(b) in R10 Districts without a letter suffix, the compensated development shall comply with the underlying height and setback regulations for such district; and

(c) on waterfront blocks and in R7-3 Districts, the compensated development shall comply with the special regulations applying in the waterfront area set forth in Section 62-30 (SPECIAL BULK REGULATIONS), inclusive.

23-952

Height and setback in Mandatory Inclusionary Housing areas

In Mandatory Inclusionary Housing areas, the provisions of Section 23-951 shall apply to MIH developments, except as modified in this Section.

(a) In R9 Districts without a letter or number suffix, the regulations of Section 23-651 (Tower-on-a-base) may apply, provided such MIH development is on a zoning lot that meets the requirements set forth in paragraph (a) of Section 23-65 (Tower Regulations).

(b) In R6 through R9 Districts without a letter suffix within Mandatory Inclusionary Housing areas, the height and setback regulations of Section 23-64 (Basic Height and Setback Regulations) may apply, except that towers shall not be permitted in an R9-1 District. In addition, for R9 Districts without a letter or number suffix that do not meet the requirements of paragraphs (a) and (c) of Section 23-65 (Tower Regulations), the tower provisions of Section 23-652 (Standard tower) may apply, subject to the lot coverage provisions of Section 23-65. However, when the height and setback and tower regulations specified in this paragraph are utilized, the maximum floor area ratio on an MIH zoning lot shall be determined in accordance with the provisions of Section 23-151 (Basic regulations for R6 through R9 Districts).

23-953

Additional requirements for compensated developments and MIH developments

(a) Compensated development or MIH development building permits

(1) HPD may issue a permit notice to the Department of Buildings at any time on or after the regulatory agreement date. The Department of Buildings may thereafter issue building permits to a compensated development that utilizes floor area compensation or an MIH development, based on the affordable housing or contribution to the affordable housing fund described in such permit notice.

(2) If HPD does not receive confirmation that the regulatory agreement has been recorded within 45 days after the later of the regulatory agreement date or the date upon which HPD authorizes the recording of the regulatory agreement, 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 regulatory agreement 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 compensated development or MIH development.

(b) Compensated development or MIH development certificates of occupancy

(1) The Department of Buildings shall not issue a temporary or permanent certificate of occupancy for any portion of the compensated development that utilizes floor area compensation or MIH development until HPD has issued a completion notice with respect to the affordable housing that generates such floor area compensation or satisfies the requirements of paragraph (d) of Section 23-154 (Inclusionary Housing) or any modification of such provisions by special permit of the Board of Standards and Appeals pursuant to Section 73-624 (Reduction or modification of Mandatory Inclusionary Housing requirements). However, where any story of a compensated development or MIH development contains one or more affordable housing units, the Department of Buildings may issue any temporary or permanent certificate of occupancy for such story if such temporary or permanent 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 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 generating site or MIH site unless:

(i) the Department of Buildings has issued temporary or permanent 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

(ii) where a generating site contains affordable housing that had a valid certificate of occupancy on the regulatory agreement 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 regulatory agreement has been completed and all obligations with respect to the creation of such affordable housing have been fulfilled in accordance with the applicable regulatory agreement.

23-96

Requirements

Affordable housing in a generating site or MIH site shall meet each of the requirements set forth in this Section for the entire regulatory period.

(a) Location of generating site or MIH site and compensated zoning lot or MIH zoning lot

Where a generating site or MIH site is not located within the compensated zoning lot for which it generates floor area compensation or the MIH zoning lot, as applicable:

(1) the generating site or MIH site and the compensated zoning lot or MIH zoning lot, as applicable, shall be located within the same Community District; or

(2) the generating site or MIH site and the compensated zoning lot or MIH 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.

However, special rules for the location of a generating site and a compensated zoning lot apply in Community District 1, Borough of Brooklyn, where the provisions of paragraph (a)(2) of this Section shall apply only to adjacent community districts located in the Borough of Brooklyn; in the Special Clinton District, pursuant to the provisions of Section 96-21 (Special Regulations for 42nd Street Perimeter Area); in the Special Downtown Jamaica District, pursuant to the provisions of Section 115-211 (Special Inclusionary Housing regulations); and in the Special Southern Hunters Point District, pursuant to the provisions of Section 125-22 (Newtown Creek Subdistrict).

(b) Distribution of affordable housing units

In new construction affordable housing or substantial rehabilitation affordable housing, where one or more of the dwelling units or rooming units in a generating 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 generating 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 one-third of the dwelling units and rooming units on any story of such generating site shall be affordable housing units, unless not less than one-third of the dwelling units and rooming units on each residential story of such generating site are affordable housing units. However, on a residential story with fewer than three dwelling units or rooming units, only one dwelling unit or rooming unit may be an affordable housing unit, unless not less than one dwelling unit or rooming unit on each floor is an affordable housing unit.

In an MIH site, 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.

In addition, except where all affordable housing units are rental affordable housing and all other dwelling units are homeownership housing, any affordable housing units other than supportive housing units or affordable independent residences for seniors shall be distributed on at least 65 percent of the residential stories of such MIH 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.

However, HPD may waive such distribution requirements for any new construction affordable housing that is participating in a Federal, State or local program where such generating site or MIH site cannot comply with both the regulations of such Federal, State or local program and those of this Section. In addition, HPD may waive these requirements for substantial rehabilitation affordable housing, or for affordable floor area created in an MIH site through enlargement, as specified in the guidelines.

(c) Bedroom mix of affordable housing units

(1) In new construction affordable housing and substantial rehabilitation affordable housing, where one or more of the dwelling units in a generating site or MIH site, other than any super’s unit, are not affordable housing units, either:

(i) the dwelling units in the generating site or MIH site that are affordable housing units shall contain a bedroom mix at least proportional to the bedroom mix of the dwelling units in the generating site, other than any super’s unit, that are not affordable housing units; or

(ii) not less than 50 percent of the dwelling units in the generating site or MIH site that are affordable housing units shall contain two or more bedrooms and not less than 75 percent of the dwelling units in the generating site or MIH site 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 in an MIH site. HPD may also waive such bedroom mix requirements for any new construction affordable housing that either is participating in a Federal, State or local program where such generating site or MIH site cannot comply with both the regulations of such Federal, State or local program and those of this Section, or 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 substantial rehabilitation affordable housing or affordable floor area created in an MIH site through enlargement, as specified in the guidelines.

(2) Where all of the dwelling units in a generating site or MIH site, other than any super's unit, in new construction affordable housing and substantial rehabilitation affordable housing are affordable housing units, not less than 50 percent of such affordable housing units shall contain two or more bedrooms and not less than 75 percent of such affordable housing units shall contain one or more bedrooms. However, such bedroom mix requirements shall not apply to affordable independent residences for seniors in an MIH site. HPD may also waive these requirements for any affordable housing that is participating in a Federal, State or local program where such generating site or MIH site cannot comply with both the regulations of such Federal, State or local program and those of this Section. In addition, HPD may waive these requirements for substantial rehabilitation affordable housing or affordable floor area created in an MIH site through enlargement, as specified in the guidelines.

(3) All of the supportive housing units in a generating site or MIH site shall be affordable housing units and shall contain such configuration as HPD shall require.

(4) For purposes of this paragraph, (c), inclusive, fractions equal to or greater than one-half resulting from any calculation shall be considered to be one dwelling unit.

(d) Size of affordable housing units

(1) In new construction affordable housing and substantial rehabilitation affordable housing, an affordable housing unit in a generating site shall contain not less than:

(i) 400 square feet of floor area within the perimeter walls for a zero bedroom dwelling unit; or

(ii) 575 square feet of floor area within the perimeter walls for a one bedroom dwelling unit; or

(iii) 775 square feet of floor area within the perimeter walls for a two bedroom dwelling unit; or

(iv) 950 square feet of floor area within the perimeter walls for a three bedroom dwelling unit.

For an MIH site, the average size of affordable housing units of a particular bedroom count shall be not less than either the average size of dwelling units that are not affordable housing units with the same number of bedrooms, or the minimum size specified above for a dwelling unit of a particular bedroom count, whichever is less.

However, these unit size requirements shall not apply to affordable independent residences for seniors in an MIH site. HPD may also waive such unit size requirements for any new construction affordable housing that is participating in a Federal, State or local program where such generating site cannot comply with both the regulations of such Federal, State or local program and those of this Section. In addition, HPD may waive these requirements for substantial rehabilitation affordable housing or affordable floor area created in an MIH site through enlargement, as specified in the guidelines.

For an MIH site, 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 a generating site or MIH site, other than any super’s unit, in new construction or substantial rehabilitation affordable housing are affordable housing units, HPD may waive such square footage requirements for any affordable housing unit that is participating in a Federal, State or local program where such generating site or MIH site cannot comply with both the regulations of such Federal, State or local program and those of this Section. In addition, HPD may waive such square footage requirements for substantial rehabilitation affordable housing or affordable floor area created in an MIH site through enlargement, as specified in the guidelines.

(3) Supportive housing units shall comply with the size requirements specified by HPD.

(e) Administering agent

(1) HPD shall approve each administering agent and may revoke such approval at any time before or during the regulatory period.

(2) For generating sites, an administering agent shall be a not-for-profit entity and shall not be, or be an affiliate of, an owner or managing agent of the generating site, unless HPD approves such owner, managing agent or affiliate to serve as the administering agent upon a determination that either:

(i) the affordable housing is participating in a Federal, State or local program that provides adequate independent means of ensuring compliance with the regulatory agreement; or

(ii) the owner and any such managing agent or affiliate are not-for-profit entities and there are adequate safeguards to ensure that such entities comply with the regulatory agreement.

(3) For MIH sites, the administering agent may be selected as provided for generating sites, or HPD may require that the administering agent be selected from a list of qualified not-for-profit or public entities as specified in the guidelines.

(4) For a period of time specified in the guidelines, the administering agent shall maintain all records setting forth the facts that form the basis of any affidavit submitted to HPD. The administering agent shall maintain such records, and such other records as HPD may require, at the offices of the administering agent or at such other location as may be approved by HPD. The administering agent shall make such records, and all facets of the operations of the administering agent, available for inspection and audit by HPD upon request.

(f) Regulatory agreement

The following provisions shall apply to generating sites :

(1) the regulatory agreement shall require compliance with and shall incorporate by reference the affordable housing plan 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 regulatory agreement shall require that HPD be provided with documentation indicating the amount of affordable floor area. For new construction affordable housing or substantial rehabilitation affordable housing, such documentation shall include, but shall not be limited to, plans meeting the requirements of paragraph (c) of Section 23-94;

(3) the regulatory agreement shall be recorded against all tax lots comprising the portion of the zoning lot within which the generating 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 plan for the entire regulatory period;

(4) affordable housing may serve to secure debt with the prior approval of HPD. Any lien securing such debt shall be subordinated to the regulatory agreement;

(5) the regulatory agreement may, but shall not be required to, provide that such regulatory agreement may be terminated prior to the issuance of a temporary or permanent certificate of occupancy for any compensated development by the Department of Buildings; and

(6) where all of the dwelling units, rooming units or supportive housing units in a generating site, other than any super's unit, are affordable housing units, the regulatory agreement shall provide that, following a default and any applicable opportunity to cure, HPD may, in addition to any other remedies provided therein or by applicable law:

(i) appoint a receiver to manage such generating site; or

(ii) take control of the board of directors of any housing development fund company or not-for-profit corporation that owns, controls or operates such generating site.

(7) Where applicable in accordance with paragraph (b) (Monthly rent) of Section 23-961, the regulatory agreement shall provide that certain obligations shall survive the regulatory period.

For MIH sites, the following provisions shall apply:

(8) The regulatory agreement shall require compliance with and shall incorporate by reference the MIH application and the applicable provisions of this Zoning Resolution and the guidelines and shall contain such additional terms and conditions as HPD deems necessary.

(9) The regulatory agreement 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 23-94.

(10) The regulatory agreement shall be recorded against all tax lots comprising the portion of the zoning lot within which the MIH 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 MIH application for the entire regulatory period.

(11) Where applicable in accordance with paragraph (b) (Monthly rent) of Section 23-961, the regulatory agreement shall provide that certain obligations shall survive the regulatory period.

(g) Housing standards

Upon the date that HPD issues the completion notice, the generating site or MIH site shall be entirely 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 be otherwise provided in the guidelines with respect to non-hazardous violations in occupied affordable housing units of preservation affordable housing or substantial rehabilitation affordable housing.

(h) Insurance

The affordable housing in a generating site or MIH site shall at all times be insured against any damage or destruction in an amount not less than the replacement value of such affordable housing. Any insurance proceeds resulting from damage or destruction of all or part of the generating site or MIH site containing such affordable housing shall be used first to restore any damaged or destroyed affordable housing, except that HPD may provide priority for lenders participating in the financing of affordable housing that is assisted under City, State or Federal programs.

(i) Duration of obligations

The obligation to provide and maintain a specified amount of affordable housing on a generating site or MIH site shall run with the zoning lot containing such generating site or MIH site for not less than the regulatory period. If any portion of such affordable housing is damaged or destroyed, no floor area shall be developed, reconstructed or repaired on such zoning lot, and no development, enlargement, extension or change of use shall occur on such zoning lot, unless:

(1) the amount of such floor area devoted to affordable housing is not less than the floor area of the affordable housing that was damaged or destroyed; or

(2) 100 percent of such developed, reconstructed or repaired floor area is affordable housing.

(j) One generating site or MIH site may satisfy requirements for multiple compensated zoning lots or MIH zoning lots, as applicable

Any generating site or MIH site may contain affordable housing that satisfies the requirements of Section 23-90, inclusive, for more than one compensated development or MIH development, as applicable, provided that no affordable floor area shall be counted more than once in determining the amount of floor area compensation for such compensated developments or in satisfying the floor area provisions for zoning lots in paragraph (d) of Section 23-154 (Inclusionary Housing).

(k) Guidelines

HPD shall adopt and may modify guidelines for the implementation of the provisions of Section 23-90, inclusive.

23-961

Additional requirements for rental affordable housing

The additional requirements of this Section shall apply to rental affordable housing on a generating site or MIH site for the entire regulatory period.

(a) 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 low income households, moderate income households and middle income households, as applicable for generating sites, or to qualifying households, as applicable, for MIH sites. No lease or sublease of an affordable housing unit shall be executed, and no tenant or subtenant shall commence occupancy of an affordable housing unit, without the prior approval of the administering agent.

(2) A tenant may, with the prior approval of the administering agent, 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 regulatory agreement.

(3) A low income household or qualifying household may rent an affordable housing unit that is restricted to occupancy by moderate income or middle income households, or by qualifying households of higher income levels, provided that the administering agent determines that such low income household or qualifying household is able to utilize rent subsidies pursuant to Section 8 of the United States Housing Act of 1937, as amended, to afford the applicable monthly rent.

(b) Monthly rent

(1) Unless alternative provisions are established in the regulatory agreement or guidelines for MIH sites, the regulatory agreement 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 within 60 days following the rent-up date and shall thereafter remain subject to rent stabilization for the entire regulatory period and thereafter until vacancy. However, the regulatory agreement may permit an alternative date by which any affordable housing units that are vacant on the rent-up date shall be registered with the Division of Housing and Community Renewal at the initial monthly rent established by HPD.

(i) However, any affordable housing unit of preservation affordable housing or substantial rehabilitation affordable housing that is both occupied by a grandfathered tenant and subject to the Emergency Housing Rent Control Law on the regulatory agreement date shall remain subject to the Emergency Housing Rent Control Law until the first vacancy following the regulatory agreement date and shall thereafter be subject to rent stabilization as provided herein.

(ii) The regulatory agreement 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 regulatory agreement shall provide that this requirement shall not apply to an affordable housing unit occupied by a grandfathered tenant until the first vacancy after the regulatory agreement date.

(2) Unless alternative provisions are established in the regulatory agreement or guidelines for MIH sites, the regulatory agreement 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 regulatory agreement shall provide that these requirements shall not apply to an affordable housing unit occupied by a grandfathered tenant, until the first vacancy after the regulatory agreement date.

However, for supportive housing units or affordable independent residences for seniors on MIH sites, the monthly rent may exceed the maximum monthly rent, provided that it does not exceed the HUD Fair Market Rent for such unit, and that the monthly rent, less rent subsidies pursuant to Section 8 of the United States Housing Act of 1937, does not exceed the lesser of the maximum monthly rent or the legal regulated rent.

(3) Within 60 days following the rent-up date, the administering agent shall submit an affidavit to HPD attesting that the monthly rent registered and charged for each affordable housing unit complied with the applicable monthly rent requirements at the time of initial occupancy.

(4) Each year after rent-up, in the month specified in the regulatory agreement or the guidelines, the administering agent 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.

(5) For any affordable housing unit subject to rent stabilization, the applicable regulatory agreement 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:

(i) the vacancy of a unit where the legal regulated rent exceeds a prescribed maximum amount;

(ii) the fact that tenant income or the legal regulated rent exceeds prescribed maximum amounts;

(iii) the nature of the tenant; or

(iv) any other reason.

(6) Unless alternative provisions are established in the regulatory agreement or guidelines for MIH sites, the regulatory agreement 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.

(7) Unless alternative provisions are established in the regulatory agreement or guidelines for MIH sites, the regulatory agreement 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.

(c) Income

(1) Each affordable housing unit on a generating site shall be leased to and occupied by low income households, moderate income households or middle income households, as applicable, for the entire regulatory period. Each affordable housing unit on an MIH site shall be leased to and occupied by qualifying households for the entire regulatory period.

(2) The administering agent 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 low income household, moderate income household, middle income household or qualifying household, as applicable.

(3) Within 60 days following the rent-up date, the administering agent shall submit an affidavit to HPD attesting that each household occupying an affordable housing unit complied with the applicable income eligibility requirements at the time of initial occupancy.

(4) Each year after rent-up, in the month specified in the regulatory agreement or the guidelines, the administering agent 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.

(d) Affordable housing plan and MIH application

The following shall apply to affordable housing plans :

(1) An affordable housing plan shall designate the initial administering agent, include the agreement with the initial administering agent, state how administering agents may be removed, state how a new administering agent may be selected upon the removal or other departure of any administering agent, include the building plans, state the number and bedroom mix of the affordable housing units to be developed, rehabilitated or preserved, indicate how tenants will be selected at rent-up and upon each subsequent vacancy of an affordable housing unit, indicate how the household income of each prospective tenant will be verified prior to such household's initial occupancy of an affordable housing unit and include such additional information as HPD deems necessary.

(2) An affordable housing plan shall demonstrate the feasibility of creating and maintaining affordable housing in accordance with Section 23-90 (INCLUSIONARY HOUSING), inclusive, including that:

(i) there will be sufficient revenue to provide for adequate maintenance, operation and administration of the affordable housing;

(ii) affordable housing units will be leased to eligible households by a responsible administering agent at rent-up and upon each subsequent vacancy; and

(iii) tenants will be selected in an equitable manner in accordance with laws prohibiting discrimination and all other applicable laws.

(3) A copy of any proposed affordable housing plan shall be delivered to the affected Community Board, which may review such proposal and submit comments to HPD. HPD shall not approve a proposed affordable housing plan until the earlier of:

(i) the date that the affected Community Board submits comments regarding such proposal to HPD or informs HPD that such Community Board has no comments; or

(ii) 45 days from the date that such proposal was submitted to the affected Community Board.

The following shall apply to MIH applications :

(4) An MIH application shall designate the initial administering agent, where applicable, and include the building plans, state the number, bedroom mix and monthly rents of the affordable housing units to be developed or converted, and include such additional information as HPD deems necessary to ensure the satisfaction of the requirements of Section 23-90, inclusive.

(5) A copy of any MIH application shall be delivered, concurrently with its submission to HPD, to the affected Community Board.

(e) 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 generating site, other than any super's unit, shall be affordable housing units that are leased to and occupied by low income households for the entire regulatory period;

(2) on the regulatory agreement date, the average of the legal regulated rents for all affordable housing units in the generating site that are occupied by grandfathered tenants shall not exceed 30 percent of the low income limit divided by 12;

(3) on the regulatory agreement date, HPD shall have determined that the condition of the generating site is sufficient, or will be sufficient after required improvements specified in the affordable housing plan and the regulatory agreement, 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 regulatory agreement date, HPD shall have determined either that no capital element is likely to require replacement within 30 years from the regulatory agreement date or that, with regard to any capital element that is likely to require replacement within 30 years from the regulatory agreement 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 generating site, even though such increases may be permitted by other laws; and

(6) such affordable housing shall comply with such additional criteria as may be specified by HPD in the guidelines.

(f) Special requirements for rental substantial rehabilitation affordable housing

The additional requirements of this paragraph, (f), shall apply to rental substantial rehabilitation affordable housing :

(1) such affordable housing shall be created through the rehabilitation of a generating site at a cost per completed affordable housing unit that exceeds a minimum threshold set by HPD in the guidelines;

(2) on the regulatory agreement date, the average of the legal regulated rents for all affordable housing units in the generating site that are occupied by grandfathered tenants shall not exceed 30 percent of the low income limit divided by 12;

(3) on the regulatory agreement date, HPD shall have determined that the condition of such generating site is sufficient, or will be sufficient after required improvements specified in the affordable housing plan and the regulatory agreement, 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 regulatory agreement date, HPD shall have determined either that no capital element is likely to require replacement within 30 years from the regulatory agreement date or that, with regard to any capital element that is likely to require replacement within 30 years from the regulatory agreement 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 generating site, even though such increases may be permitted by other laws; and

(6) such affordable housing shall comply with such additional criteria as may be specified by HPD in the guidelines.

23-962

Additional requirements for homeownership affordable housing