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

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

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

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

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

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

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

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

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

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

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

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

1. All bulk regulations
   1. In all districts, the bulk regulations of Article II, Chapter 3 (Residential Bulk Regulations in Residence Districts) for qualifying affordable housing may be applied to buildings subject to an affordable housing regulatory agreement if qualifying affordable housing includes community facility uses.
   2. In R3-1, R3A, R3X, R4-1, R4A, R4B or R5B Districts, the bulk regulations of this Chapter shall apply only to a zoning lot or portion of a zoning lot that contains a community facility building, and the bulk regulations of Article II, Chapter 3 (Residential Bulk Regulations in Residence Districts) shall apply to any zoning lot or portion of a zoning lot that contains any building that is used partly for community facility use and partly for residential use. In such districts, the bulk regulations of this Chapter may apply to the community facility portion of a building that is used partly for community facility use and partly for residential use only where:
      1. such community facility use has received tax-exempt status from the New York City Department of Finance, or its successor, pursuant to Section 420 of the New York State Real Property Tax Law; or
      2. such building has received an authorization pursuant to Section 24-06 (Modification of Bulk Regulations in Certain Districts).
2. Height and setback
   1. In R6 through R12 Districts with a letter suffix, the height and setback regulations of Section 23-43 (Height and Setback Requirements in R6 Through R12 Districts), inclusive, shall be applied to all buildings in accordance with the applicable Residence District regulations.
   2. In all other Residence Districts, the residential height and setback regulations may be applied as follows:
      1. the height and setback regulations of Section 23-42 (Height and Setback Requirements in R1 Through R5 Districts), inclusive, may be applied in accordance with the applicable Residence District regulations;
      2. the height and setback regulations of Section 23-43, inclusive, may be applied in accordance with the applicable Residence District regulations.
3. Other bulk regulations
   
   Where the height and setback regulations of Article II, Chapter 3 are applied, the following residential bulk regulations may also be applied to the entire building:
   1. the yard regulations of Section 23-30, inclusive, applicable to a multiple dwelling residence;
   2. the maximum lot coverage requirements of Section 23-36, inclusive; and
   3. for community facility uses with sleeping accommodations:
      1. the special floor area allowances of Section 23-23, inclusive;
      2. the court regulations of Section 23-35, inclusive; and
      3. the distance between buildings and distance between legally required windows and lot lines regulations of Section 23-37.

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

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

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

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

1. In R1 through R5 Districts in lower density growth management areas, the bulk regulations of this Chapter shall not apply to any zoning lot containing buildings used for:
   1. ambulatory diagnostic or treatment health care facilities listed under Use Group III(B), except where such zoning lot contains buildings used for hospitals or nursing homes as defined in the New York State Hospital Code; or
   2. child care services as listed under the definition of school in Section 12-10 (DEFINITIONS), except where such zoning lot contains buildings used for houses of worship or, for zoning lots that do not contain buildings used for houses of worship, where the amount of floor area used for child care services is equal to 25 percent or less of the amount of floor area permitted for community facility use on the zoning lot.
2. In lieu thereof, the residential bulk regulations of Article II, Chapter 3, shall apply, except that:
   1. the minimum lot area for such zoning lots containing ambulatory diagnostic or treatment health care facilities shall be 5,700 square feet, and the minimum lot area for such zoning lots containing child care services shall be 10,000 square feet. In addition, each such zoning lot shall have a minimum lot width of 60 feet. Such lot width shall be applied as set forth in the definition of lot width in Section 12-10, provided that such lot width shall also be met along at least one street line of the zoning lot. No building, or portion thereof, shall be permitted between opposing side lot lines where such lot lines would be nearer to one another at any point than 60 feet;
   2. the provisions of Section 23-341 (Permitted obstructions in required yards or rear yard equivalents), inclusive, shall be modified to prohibit parking spaces of any kind within a front yard;
   3. in lieu of Section 23-331 (Basic side yard requirements in R1 through R5 Districts), Sections 24-35 (Minimum Required Side Yards) and 24-55 (Required Side and Rear Setbacks) shall apply; and
   4. for child care services in R1 and R2 Districts, the provisions of paragraph (9) in the definition of floor area in Section 12-10, pertaining to floor area exclusions for the lowest story of a residential building, shall not apply.

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

R3-1 R3A R3X R4-1 R4A R4B R5B

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

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

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

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

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

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

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

R1 R2 R3 R4 R5

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

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

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

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

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

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

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

R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

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

R3 R4 R5

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

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

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

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

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

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

R9 R10 R11 R12

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

R9 R10 R11 R12

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

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

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

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

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

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

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

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

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

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

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

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

(a)        In any yard or rear yard equivalent:

(1)        Fences;

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

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

(4)        Steps;

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

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

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

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

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

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

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

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

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

R1 R2 R3 R4 R5

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

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

R1 R2 R3 R4 R5

(a)        In the districts indicated, if a building containing a community facility use has an aggregate width of street walls equal to 80 feet or less or, for abutting buildings, if the combined aggregate width of street walls of all such abutting buildings on a zoning lot is equal to 80 feet or less, then two side yards shall be provided, each with a minimum required width of eight feet. If such building or buildings have an aggregate width of street walls equal to more than 80 feet, two side yards shall be provided, each equal to not less than 10 percent of the aggregate width of street walls. The provisions of this paragraph (a) shall not apply in R5D Districts. In lieu thereof, the side yard regulations set forth in Sections23-331 (Basic side yard requirements in R1 through R5 Districts), as applicable, shall apply.  

R6 R7 R8 R9 R10 R11 R12

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

R6 R7 R8 R9 R10 R11 R12

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

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

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

ALTERNATE REQUIRED FRONT SETBACKS

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

R7-2 R7-3 R8 R9 R10 R11 R12

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

LOT COVERAGE OF TOWERS ON SMALL ZONING LOTS

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

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

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

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

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

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

(2)        Applicability of standard tower regulations

(i)        In R7-2, R7-3 and R8 Districts, the standard tower regulations of Section 23-435 shall apply only to buildings developed or enlarged as towers, where such towers are comprised, at every level, of only community facility uses.

(ii)        In R9 and R10 Districts, the standard tower regulations of Section 23-652 shall apply to any building developed or enlarged as a tower that does not meet the location and floor area criteria of paragraph (a)(1) of this Section.

(b)        Inapplicability of tower regulations

R7-2 R7-3 R8 R9 R10 R11 R12

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

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

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

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

1. For Zoning Lots Directly Adjoining Public Parks
   
   In all districts, as indicated, a public park with an area of between one and 15 acres shall be considered a wide street for the purpose of applying the regulations set forth in Section 24-52 (Maximum Height of Walls and Required Setbacks) to any building or other structure on a zoning lot adjoining such public park. However, the provisions of this Section shall not apply to a public park more than 75 percent of which is paved.
2. Community District 6, Manhattan
   
   In Community District 6 in the Borough of Manhattan, for buildings developed or enlarged with towers in R10 Districts located east of First Avenue and north of East 51st Street, the provision of paragraph (a)(1) of Section 24-54 (Tower Regulations) shall be modified to require that the tower-on-a-base provisions of Section 23-441 (Special tower provisions) apply to all buildings where more than 25 percent of the total floor area of the building is allocated to residential uses, irrespective of whether the building has wide street or narrow street frontage. However, such provisions shall be modified in accordance with the provisions of Section 23-442 (Special provisions for certain community districts).
3. Community District 9, Manhattan
   
   Within the boundaries of Community District 9 in the Borough of Manhattan, all buildings located in R8 Districts north of West 125th Street shall be developed or enlarged pursuant to the residential bulk regulations of Section 23-443.
4. Community District 9, Brooklyn
   
   Notwithstanding any other provisions of this Resolution, in Mandatory Inclusionary Housing areas within the portion of Community District 9 in the Borough of Brooklyn, on the block bounded by Montgomery Street, Washington Avenue, Sullivan Place, and Franklin Avenue, any building or other structure hereafter constructed or any existing building or other structure hereafter relocated, enlarged or reconstructed shall comply with the provisions of Section 23-442(b)(2), inclusive.

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

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

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

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

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

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

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

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

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

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

The provisions of Sections 24-62 through 24-66, inclusive, and 24-68 shall apply only to portions of buildings at or above the sill level of the lowest required window. For the purposes of these Sections, abutting buildings on a single zoning lot shall be considered a single building.

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

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

Section 24-63        (Outer Court Regulations)

Section 24-64        (Inner Court Regulations)

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

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

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

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

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

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

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

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

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

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

(b)        Fences;

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

Fire escapes in outer courts;

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

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

(d)        Recreational or yard drying equipment;

(e)        Steps.

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