Chapter 4 - Bulk Regulations for Residential Buildings in Commercial Districts
The bulk regulations of this Chapter apply to any zoning lot containing only residential buildings in any Commercial District in which such buildings are permitted. Where a residential building and one or more buildings containing non-residential uses are on a single zoning lot, the bulk regulations of Article III, Chapter 5, shall apply. In addition, the bulk regulations of this Chapter or of specified Sections thereof also apply in other provisions of this Resolution where they are incorporated by cross reference.
The conversion of non-residential floor area to residences shall be subject to the provisions of Article I, Chapter 5 (Residential Conversions Within Existing Buildings), unless such conversions meet the requirements for residential developments of Article II (Residence District Regulations).
Existing buildings or other structures that are non-complying buildings or other structures or existing buildings where an enlargement, conversion, extension, change of use or other alteration would create a non-compliance with the applicable bulk regulations are subject to the regulations set forth in Article V, Chapter 4.
Special regulations applying in certain areas are set forth in Article VI, inclusive.
Special permits that may be granted by the Board of Standards and Appeals are set forth in Article VII, Chapter 3. Special permits and authorizations that may be granted by the City Planning Commission are set forth in Article VII, Chapters 4 and 5, respectively.
Special regulations applying to large-scale residential developments or large-scale community facility developments are set forth in Article VII, Chapters 8 or 9, respectively. Special regulations applying to large-scale general developments are set forth in Section 74-74.
Any development or enlargement that occurs on or over a railroad right-of-way, or the inclusion of a railroad right-of-way in the lot area of a zoning lot less than one and a half acres, and that is not accessory to such railroad right-of-way, shall be certified by the Chairperson of the City Planning Commission pursuant to Section 75-41. In addition, the development or enlargement of a building on a zoning lot greater than one and a half acres that includes a railroad right-of-way or former railroad right-of-way, where such building is not accessory to a railroad right-of-way#, may be permitted by the Commission pursuant to 74-61.
Special regulations applying only in Special Purpose Districts are set forth in Articles VIII, IX, X, XI, XII, XIII and XIV.
In C3A Districts, the bulk regulations of this Chapter shall not apply. In lieu thereof, the bulk regulations for R3A Districts in Article II, Chapter 3 (Residential Bulk Regulations in Residence Districts), shall apply.
General Provisions
C1 C2 C3 C4 C5 C6
In the districts indicated, the bulk regulations of Article II, Chapter 3, shall apply to all residential buildings in accordance with the provisions of this Section, except as modified by the provisions of Sections 34-21 through 34-24, relating to exceptions to applicability of Residence District controls.
C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5
In the districts indicated, the bulk regulations for the Residence District within which such Commercial Districts are mapped apply, except that:
- where such districts are mapped within R1 through R5 districts within the Greater Transit Zone, the bulk regulations for R5 Districts on qualifying residential sites shall apply; and
- outside the Greater Transit Zone, where such districts are mapped within R1 or R2 Districts, the bulk regulations for R3-2 Districts on qualifying residential sites shall apply.
Such district modifications shall apply for the purposes of applying the provisions of Article II, Chapter 3, and the remaining provisions of this Chapter, unless otherwise specified.
C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C3 C4 C5 C6
In the districts indicated, the applicable bulk regulations are the bulk regulations for the residential equivalent of the Commercial District as set forth in the following table:
|
Districts |
Applicable residential equivalent |
|
C3 |
R3-2 |
|
C4-1 |
R5 |
|
C4-2 C4-3 C6-1A |
R6 |
|
C4-2A C4-3A |
R6A |
|
C1-6 C2-6 C4-4 C4-5 C6-1 |
R7-2 |
|
C1-6A C2-6A C4-4A C4-4L C4-5A |
R7A |
|
C4-5D |
R7D |
|
C4-5X |
R7X |
|
C1-7 C4-2F C4-8 C6-2 |
R8 |
|
C1-7A C4-4D C6-2A |
R8A |
|
C1-8 C2-7 C4-9 C6-3 |
R9 |
|
C1-8A C2-7A C6-3A |
R9A |
|
C6-3D |
R9D |
|
C1-8X C2-7X C6-3X |
R9X |
|
C1-9 C2-8 C4-6 C4-7 C5 C6-4 C6-5 C6-6 C6-7 C6-8 C6-9 |
R10 |
|
C1-9A C2-8A C4-6A C4-7A C5-1A C5-2A C6-4A |
R10A |
|
C6-4X |
R10X |
|
C4-11 C6-11 |
R11 |
|
C4-11A |
R11A |
|
C4-12 C6-12 |
R12 |
(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 no floor area bonus has 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) Kiosks and open air cafes
Kiosks and open air cafes may be placed within an existing publicly accessible open area for which a floor area bonus has been received, by certification pursuant to Section 37-73 (Kiosks and Open Air Cafes).
(c) Nighttime closing of existing public open areas
In all Commercial 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).
(d) Elimination or reduction in size of existing public open areas
In all Commercial Districts, no existing publicly accessible open area, arcade or other public amenity, open or enclosed, for which a floor area bonus has been utilized, shall be eliminated or reduced in size, except by special permit of the City Planning Commission, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).
General Provisions
C1 C2 C3 C4 C5 C6
In the districts indicated, the bulk regulations applicable to residential buildings as set forth in Section 34-11 (General Provisions) are modified by the provisions of Sections 34-22 (Modification of Floor Area Regulations), 34-23 (Modification of Yard Regulations) and 34-24 (Modification of Height and Setback Regulations). The purpose of these modifications is to make the regulations set forth in Article II, Chapter 3, applicable to Commercial Districts.
Maximum floor area ratio
C1 C2 C3 C4 C5 C6
In the districts indicated, the maximum floor area ratio on a zoning lot shall be the applicable maximum floor area ratio permitted pursuant to the provisions of Article II, Chapter 3, except as provided for in the following Sections:
Section 34-223 (Floor area bonus for a public plaza)
Section 34-224 (Floor area bonus for an arcade)
However, for Commercial Districts with a residential equivalent of an R10 or R11 District with a letter suffix, no floor area bonuses for public plazas or arcades shall be permitted.
Change of use
C1 C2 C3 C4 C5 C6
A non-residential use occupying a building, or portion thereof, that was in existence on December 15, 1961, may be changed to a residential use and the regulations pertaining to maximum floor area ratio shall not apply to such change of use.
C4-6 C4-7 C4-11 C5 C6-4 C6-5 C6-6 C6-7 C6-8 C6-9 C6-11 C6-12
In the districts indicated, for each square foot of public plaza provided in accordance with the provisions of Section 37-70, inclusive, the total floor area permitted on that zoning lot under the provisions of Section 23-22 (Floor Area Regulations for R6 Through R12 Districts) may be increased by six square feet.
C4-6 C4-7 C4-11 C5-1 C5-2 C5-4 C6-4 C6-5 C6-8 C6-11 C6-12
In the districts indicated, for each square foot of arcade provided in accordance with the provisions of Section 37-80 (ARCADES), the total floor area permitted on that zoning lot under the provisions of Section 23-22 (Floor Area Regulations for R6 Through R12 Districts) may be increased by three square feet.
C1 C2 C3 C4 C5 C6
In the districts indicated, no front yard shall be required for any residential building.
C1 C2 C3 C4 C5 C6
In the districts indicated, except as otherwise provided in Section 34-233 (Special provisions applying along district boundaries), no side yard shall be required for any residential building. However, if any open area extending along a side lot line is provided at any level, it shall have a minimum width of five feet, measured perpendicular to the side lot line. The allowances for permitted obstructions in any yard or rear yard equivalent set forth in Sections 23-311 and 23-312 shall be permitted in such open areas.
Change of use
C1 C2 C3 C4 C5 C6
A non-residential use occupying a building, or portion thereof, that was in existence on December 15, 1961, may be changed to a residential use and the regulations pertaining to minimum required open space ratio shall not apply to such change of use.
C1 C2 C3 C4 C5 C6
In the districts indicated, the height and setback regulations set forth in Article II, Chapter 3, and made applicable to such districts in Section 34-11 (General Provisions), are modified as set forth in this Section.
- In Commercial Districts with R1 through R5 equivalency
In Commercial Districts mapped within, or with a residential equivalent of an R1 through R5 District, the modifications to residential height and setback regulations set forth in Section 35-62 shall be applied. - In Commercial Districts with R6 through R12 equivalency
In Commercial Districts mapped within, or with a residential equivalent of R6 through R12 Districts:- the modifications to residential height and setback regulations set forth in Section 35-63, inclusive, shall be applied;
- the special height and setback provisions for certain areas set forth in Section 36-64 shall be applied; and
- where the optional bulk regulations for sky exposure plane buildings are utilized, the provisions set forth in Section 35-71, inclusive, shall be applied. Where any of such optional provisions are utilized, all the other associated bulk provisions shall apply.
