Chapter 2 | Zoning Resolution

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22-00

GENERAL PROVISIONS

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

Sections 22-11 (Use Group I – Agriculture and Open Uses) through 22-18 (Use Group VIII – Recreation, Entertainment and Assembly Spaces), inclusive, which establish general use allowances in Use Groups I through VIII, including each use listed separately therein, by Residence District, and additional provisions for certain uses where applicable.
Section 22-20 (SPECIAL PROVISIONS APPLICABLE TO CERTAIN AREAS AND DISTRICTS), which set forth special provisions applicable to:
1. railroad or transit air space, as set forth in Section 22-21 (Use of Railroad or Transit Air Space); and
2. detached and semi-detached two-family residences in certain districts, as set forth in Section 22-22 (Detached and Semi-Detached Two-Family Residences);
Section 22-30 (SIGN REGULATIONS), inclusive, which sets forth regulations for permitted signs.

The use provisions of this Chapter may be modified or superseded by special rules for certain areas in Article I (General Provisions), Article VI (Special Regulations Applicable to Certain Areas), and through Special Purpose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

22-10

USE ALLOWANCES

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

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

Such notations are illustrated in the following diagram:

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

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

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

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

ILLUSTRATIVE EXAMPLE

22-11

Use Group I – Agriculture and Open Uses

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

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

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

22-111

Use Group I – general use allowances

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

USE GROUP I – AGRICULTURE AND OPEN USES
● = Permitted ♦ = Permitted with limitations ○ = Special permit required – = Not permitted S = Size restriction P = Additional conditions
Uses	R1	R2	R3	R4	R5	R6	R7	R8	R9	R10	PRC
Agriculture
Agricultural *uses*, including greenhouses, nurseries, or truck gardens	● _P	● _P	● _P	● _P	● _P	● _P	● _P	● _P	● _P	● _P	G
Open Uses
Cemeteries	–	–	●	●	●	●	●	●	●	●	N/A
Golf courses	●	●	●	●	●	●	●	●	●	●	*
Outdoor racket courts	○	○	● _P	● _P	● _P	● _P	● _P	● _P	● _P	● _P	G
Outdoor skating rinks	○	○	● _P	● _P	● _P	● _P	● _P	● _P	● _P	● _P	G
*Public parks* or playgrounds or private parks	●	●	●	●	●	●	●	●	●	●	N/A
Sand, gravel, or clay pits	○	○	○	○	○	○	○	○	○	○	N/A

22-112

Use Group I – uses subject to additional conditions

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

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

22-113

Use Group I – uses permitted by special permit

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

Outdoor racket courts or skating rinks may be permitted in R1 or R2 Districts by special permit of the Board of Standards and Appeals, in accordance with Section 73-111 (Outdoor racket courts or skating rinks).
Sand, gravel or clay pits may be permitted in all Residence Districts by special permit of the Board of Standards and Appeals, in accordance with the provisions of Section 73-111 (Sand, gravel or clay pits).

22-114

Use Group I – additional provisions for parking requirement category

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

22-12

Use Group II – Residences

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

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

Section 22-121 (Use Group II – general use allowances) which includes the compilation of uses in the Use Group table;
Section 22-122 (Use Group II – uses permitted with limited applicability) for additional limitations on applicability for certain uses, as denoted with “♦” in the Use Group table; and
Section 22-123 (Use Group II – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group table.

22-121

Use Group II – general use allowances

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

USE GROUP II – RESIDENTIAL USES
● = Permitted ♦ = Permitted with limitations ○ = Special permit required – = Not permitted S = Size restriction P = Additional conditions
Uses		R1	R2	R3	R4	R5	R6	R7	R8	R9	R10
Residential Uses
*Single-family residence*	*Detached*	●	●	●	●	●	●	●	●	●	●
	*Zero lot line*	–	–	♦	♦	♦	●	●	●	●	●
	*Semi-detached*	–	–	♦	♦	♦	●	●	●	●	●
	Other types	–	–	♦	♦	♦	●	●	●	●	●
*Two-family residence*	*Detached*	–	–	● _P	● _P	●	●	●	●	●	●
	*Zero lot line*	–	–	♦	♦	♦	●	●	●	●	●
	*Semi-detached*	–	–	♦ _P	♦ _P	♦	●	●	●	●	●
	Other types	–	–	♦	♦	♦	●	●	●	●	●
All other types of *residences, including apartment hotels* and *affordable independent residences for seniors*		–	–	♦	♦	♦	●	●	●	●	●

22-122

Use Group II – uses permitted with limited applicability

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

In R3 Districts, all residential uses shall be permitted except that:
1. in R3A Districts, residential uses shall be limited to single- or two-family detached residences and single- or two-family zero lot line buildings;
2. in R3-1 Districts, residential uses shall be limited to single- or two-family residences, detached or semi-detached; and
3. in R3X Districts, residential uses shall be limited to single- or two-family detached residences.
In R4 Districts, all residential uses shall be permitted except that:
1. in R4-1 Districts, residential uses shall be limited to single- or two-family residences, detached or semi-detached, or single- or two-family zero lot line buildings;
2. in R4B Districts, residential uses shall be limited to single- or two-family residences in detached, semi-detached, attached, or zero lot line buildings; and
3. in R4A Districts, residential uses shall be limited to single- or two-family detached residences.
In R5 Districts, all residential uses shall be permitted except that in R5A Districts, residential uses shall be limited to single- or two-family detached residences.

22-123

Use Group II – uses subject to additional conditions

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

In R3A, R3X or R4A Districts, detached two-family residence shall be designed so that at least 75 percent of the floor area of one dwelling unit is located directly above or directly below the other.
In R3-1 or R4-1 Districts, each semi-detached two-family residence shall be designed so that at least 75 percent of the floor area of one dwelling unit is located directly above or directly below the other.
The requirements of paragraph (a) or (b) may be waived pursuant to an authorization by the City Planning Commission, in accordance with Section 22-22 (Detached and Semi-detached Two-family Residences).

22-13

Use Group III – Community Facilities

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

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

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

22-131

Use Group III – general use allowances

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

A. Community Facilities with Sleeping Accommodations

USE GROUP III(A) – COMMUNITY FACILITIES WITH SLEEPING ACCOMMODATIONS
● = Permitted ♦ = Permitted with limitations ○ = Special permit required – = Not permitted S = Size restriction P = Additional conditions
Uses	R1	R2	R3	R4	R5	R6	R7	R8	R9	R10	PRC
Educational Institutions
College or school student dormitories and fraternity or sorority student houses	○	○	●	●	●	●	●	●	●	●	E2
Faith-based Institutions and Facilities
Monasteries, convents or novitiates	●	●	●	●	●	●	●	●	●	●	N/A
Rectories or parish houses with sleeping accommodations	●	●	●	●	●	●	●	●	●	●	N/A
Seminaries with sleeping accommodations	●	●	●	●	●	●	●	●	●	●	*
Health Institutions and Facilities
*Long-term care facilities*	○	○	● _P	● _P	● _P	● _P	● _P	● _P	● _P	● _P	E3
*Non-profit hospital staff dwellings*	● _P	● _P	● _P	● _P	● _P	● _P	● _P	● _P	● _P	● _P	*
Other Institutions and Facilities
Philanthropic or non-profit institutions with sleeping accommodations	● _S	● _S	● _S	● _S	● _S	● _S	● _S	● _S	● _S	● _S	E3
Settlement houses	●	●	●	●	●	●	●	●	●	●	N/A

B. Community Facilities without Sleeping Accommodations

USE GROUP III(B) – COMMUNITY FACILITIES WITHOUT SLEEPING ACCOMMODATIONS
● = Permitted ♦ = Permitted with limitations ○ = Special permit required – = Not permitted S = Size restriction P = Additional conditions
Uses	R1	R2	R3	R4	R5	R6	R7	R8	R9	R10	PRC
Educational Institutions
Colleges or universities, including professional schools but excluding business colleges or trade schools	○	○	●	●	●	●	●	●	●	●	*
*Schools*	●	●	●	●	●	●	●	●	●	●	G
Faith-based Institutions and Facilities
Houses of worship	●	●	●	●	●	●	●	●	●	●	G
Parish houses without sleeping accommodations	●	●	●	●	●	●	●	●	●	●	N/A
Seminaries without sleeping accommodations	●	●	●	●	●	●	●	●	●	●	*
Health Institutions and Facilities
Ambulatory diagnostic or treatment health care facilities	–	–	● _{S P}	● _{S P}	● _P	● _P	● _P	● _P	● _P	● _P	A3
Non-profit or voluntary hospitals and related facilities, except animal hospitals	●	●	●	●	●	●	●	●	●	●	E1
Proprietary hospitals and related facilities, except animal hospitals	–	–	●	●	●	●	●	●	●	●	E1
Other Institutions and Facilities
Community centers	●	●	●	●	●	●	●	●	●	●	B3
Libraries	●	●	●	●	●	●	●	●	●	●	G
Museums	●	●	●	●	●	●	●	●	●	●	G
Non-commercial art galleries	●	●	●	●	●	●	●	●	●	●	G
Non-commercial clubs	○	○	● _P	● _P	● _P	● _P	● _P	● _P	● _P	● _P	B3
Non-commercial recreation centers	●	●	●	●	●	●	●	●	●	●	B3
Philanthropic or non-profit institutions without sleeping accommodations, excluding ambulatory diagnostic or treatment health care facilities	● _S	● _S	● _S	● _S	● _S	● _S	● _S	● _S	● _S	● _S	B3
Welfare centers	○	○	●	●	●	●	●	●	●	●	B3

22-132

Use Group III – uses subject to size limitations

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

For any philanthropic or non-profit institutions, with or without sleeping accommodations, in all Residence Districts, the number of persons employed in central office functions shall not exceed 50, and the amount of floor area used for such purposes shall not exceed 25 percent of the total floor area, or, in R8, R9 or R10 Districts, 25,000 square feet, whichever is greater.
Ambulatory diagnostic or treatment health care facilities in R3-1, R3A, R3X, R4-1, R4A or R4B Districts shall be limited to a maximum of 1,500 square feet of floor area. However, in R3-1, R3A, R3X, R4-1 or R4A Districts in lower density growth management areas, ambulatory diagnostic or treatment health care facilities shall be limited, on any zoning lot, to 1,500 square feet of floor area, including cellar space, except that where a zoning lot contains a hospital, as defined in the New York State Hospital Code, or a long-term care facility, such 1,500 square feet restriction shall not include cellar space.

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

22-133

Use Group III – uses subject to additional conditions

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

Long-term care facilities in R3 through R10 Districts are permitted except that in certain areas, the following provisions shall apply:
1. In the high-risk flood zone, as defined in Section 64-11 (Definitions), or within the areas set forth in APPENDIX K (Areas With Nursing Home Restrictions), the development of nursing homes and nursing home portions of continuing care retirement communities, as defined in the New York State Public Health Law, or the enlargement of an existing nursing home that increases such floor area by more than 15,000 square feet, shall not be permitted on any portion of a zoning lot that is located within such areas.
2. In Community District 11 in the Borough of the Bronx, Community District 8 in the Borough of Manhattan, and Community District 1 in the Borough of Staten Island, the development of nursing homes, as defined in the New York State Public Health Law, or the enlargement of an existing nursing home that increases the existing floor area by 15,000 square feet or more, are permitted only by special permit of the City Planning Commission pursuant to Section 74-131 (Long-term care facilities). However, such special permit may not be applied to developments or enlargements that are subject to the restrictions set forth in paragraph (a)(1) of this Section.
Non-profit hospital staff dwellings in all Residence Districts shall be located on the same zoning lot as the non-profit or voluntary hospital and related facilities or on a separate zoning lot that is immediately contiguous thereto, or would be contiguous but for its separation by a street or a street intersection. However, such conditions may be modified by special permit of the City Planning Commission, as set forth in Section 74-132 (Non-profit hospital staff dwelling).
Ambulatory diagnostic or treatment health care facilities in R3 through R10 Districts shall be limited to public, private, for-profit or not-for-profit medical, health and mental health care facilities licensed by the State of New York, or a facility in which patients are diagnosed or treated by health care professionals, licensed by the State of New York or by persons under the supervision of such licensee for medical, health or mental health conditions, and where such patients are ambulatory rather than admitted. Such facilities shall not include the practice of veterinary medicine or ophthalmic dispensing.
Non-commercial clubs in R3 through R10 Districts shall not include:
1. clubs, the chief activity of which is a service predominantly carried on as a business;
2. non-commercial outdoor swimming pool clubs; or
3. any other non-commercial clubs with outdoor swimming pools located less than 500 feet from any lot line.

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

22-134

Use Group III – uses permitted by special permit

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

The following uses may be permitted in R1 or R2 Districts by special permit of the Board of Standards and Appeals:
1. College or school student dormitories and fraternity or sorority student houses may be permitted in accordance with Section 73-131 (College or school student dormitories or fraternity or sorority student houses).
2. Colleges or universities, including professional schools but excluding business colleges or trade schools may be permitted in accordance with Section 73-132 (Colleges or universities).
3. Non-commercial clubs may be permitted in accordance with Section 73-135 (Non-commercial clubs).
4. Welfare centers may be permitted in accordance with Section 73-136 (Welfare centers).
The following uses may be permitted in R1 or R2 Districts by special permit of the City Planning Commission:
1. Long-term care facilities may be permitted in accordance with Section 74-131 (Long-term care facilities).

22-135

Use Group III – additional provisions for parking requirement category

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

Non-profit hospital staff dwellings shall be subject to parking requirements applicable to residences, in accordance with Section 25-021 (Applicability of regulations to non-profit hospital staff dwellings).
For colleges, universities or seminaries, the portion of such facility that is used for classrooms, laboratories, student centers or offices shall be classified as PRC G. The portion of such facility that is used for theaters, auditoriums, gymnasiums or stadiums shall be classified as PRC B2.

22-14

Use Group IV – Public Service Facilities and Infrastructure

†

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

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

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

22-141

Use Group IV – general use allowances

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

A. Public Service Facilities

USE GROUP IV(A) – PUBLIC SERVICE FACILITIES
● = Permitted ♦ = Permitted with limitations ○ = Special permit required – = Not permitted S = Size restriction P = Additional conditions
Uses	R1	R2	R3	R4	R5	R6	R7	R8	R9	R10	PRC
Public Service Buildings
Court houses	–	–	–	–	–	–	–	–	–	–	A4
Fire or police stations	○	○	○	○	○	○	○	○	○	○	A4
Other Facilities
Prisons	–	–	–	–	–	–	–	–	–	–	G

B. Infrastructure

USE GROUP IV(B) – INFRASTRUCTURE
● = Permitted ♦ = Permitted with limitations ○ = Special permit required – = Not permitted S = Size restriction P = Additional conditions
Uses	R1	R2	R3	R4	R5	R6	R7	R8	R9	R10	PRC
Communication Infrastructure
Radio or television towers, non-*accessory*	○	○	○	○	○	○	○	○	○	○	N/A
Telephone exchanges or other communications equipment structures	○	○	○	○	○	○	○	○	○	○	N/A
Electric and Gas Infrastructure
Electric power or steam generating plants	–	–	–	–	–	–	–	–	–	–	D2
Electric utility substations	○	○	○	○	○	○	○	○	○	○	N/A
Gas utility substations	○	○	○	○	○	○	○	○	○	○	N/A
Public utility stations for oil or gas metering or regulating	○	○	○	○	○	○	○	○	○	○	N/A
Terminal facilities at river crossings for access to electric, gas, or steam lines	○	○	○	○	○	○	○	○	○	○	N/A
Sewage, Storm Water and Waste Infrastructure
Composting	–	–	–	–	–	–	–	–	–	–	D2
Dumps, recycling or material recovery facilities, marine transfer stations for garbage or slag piles	–	–	–	–	–	–	–	–	–	–	D2
Incineration or reduction of garbage, offal or dead animals	–	–	–	–	–	–	–	–	–	–	D1
Radioactive waste disposal services involving the handling or storage of radioactive waste	–	–	–	–	–	–	–	–	–	–	D1
Sewage disposal plants	○	○	○	○	○	○	○	○	○	○	D1
Water or sewage pumping stations	○	○	○	○	○	○	○	○	○	○	N/A
Transportation Infrastructure
Airports	–	–	–	–	–	–	–	–	–	–	N/A
Boat launching facilities for non-commercial pleasure boats	–	–	–	–	–	–	–	–	–	–	N/A
Bus stations	–	–	–	–	–	–	–	–	–	–	N/A
Docks	–	–	○	○	○	○	○	○	○	○	G
Freight terminals, yards or appurtenances, or facilities or services used or required in railroad operations, but not including passenger stations	–	–	–	–	–	–	–	–	–	–	D2
Heliports	–	–	–	–	–	–	–	–	–	–	N/A
Mooring facilities for non-commercial pleasure boats	–	–	–	–	–	–	–	–	–	–	N/A
Public transit or railroad electric substations	○	○	○	○	○	○	○	○	○	○	D2
Public transit yards, including accessory motor fuel pumps	–	–	–	–	–	–	–	–	–	–	D2
Railroad or transit rights-of-way	●	●	●	●	●	●	●	●	●	●	N/A
Railroad passenger stations	○	○	○	○	○	○	○	○	○	○	N/A
Seaplane bases	○	○	○	○	○	○	○	○	○	○	N/A
Truck weighing stations	–	–	–	–	–	–	–	–	–	–	D2

C. Renewable Energy and Green Infrastructure

USE GROUP IV(C) – RENEWABLE ENERGY AND GREEN INFRASTRUCTURE
● = Permitted ♦ = Permitted with limitations ○ = Special permit required – = Not permitted S = Size restriction P = Additional conditions
Uses	R1	R2	R3	R4	R5	R6	R7	R8	R9	R10	PRC
Renewable Energy and Green Infrastructure
*Energy infrastructure equipment*	● _{S P}	● _{S P}	● _{S P}	● _{S P}	● _{S P}	● _{S P}	● _{S P}	● _{S P}	● _{S P}	● _{S P}	N/A
Public bicycle and micromobility parking	–	–	–	–	–	–	–	–	–	–	N/A
Recycling, or organic material, receiving	–	–	–	–	–	–	–	–	–	–	N/A

22-142

Use Group IV – uses subject to size limitations

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

22-143

Use Group IV – uses subject to additional conditions

For uses denoted with a “P” in Section 22-141 (Use Group IV – general use allowances), the provisions of this Section shall apply. In all Residence Districts, energy infrastructure equipment shall comply with the enclosure and screening provisions of Section 26-60 (SPECIAL SCREENING AND ENCLOSURE PROVISIONS).

22-144

Use Group IV – uses permitted by special permit

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

The following uses may be permitted in all Residence Districts by special permit of the Board of Standards and Appeals:
1. Radio or television towers may be permitted in accordance with Section 73-141 (Radio or television towers).
2. Telephone exchanges or other communications equipment structures may be permitted in accordance with Section 73-142 (Telephone exchanges or other communications equipment structures).
3. Electric utility substations on a site no greater than 40,000 square feet may be permitted in accordance with Section 73-143 (Electric or gas utility substations).
4. Gas utility substations may be permitted in accordance with Section 73-143 (Electric or gas utility substations).
5. Public utility stations for oil or gas metering or regulating may be permitted in accordance with Section 73-144 (Public utility stations or terminal facilities).
6. Terminal facilities at river crossings for access to electric, gas or steam lines may be permitted in accordance with Section 73-144 (Public utility stations or terminal facilities).
7. Water pumping stations may be permitted in accordance with Section 73-145 (Water pumping stations).
8. Public transit or railroad electric substations on a site no greater than 40,000 square feet may be permitted in accordance with Section 73-146 (Public transit or railroad electric substations);
The following uses may be permitted in all Residence Districts by special permit of the City Planning Commission, except as otherwise specified:
1. Fire or police stations may be permitted in accordance with Section 74-141 (Fire or police stations).
2. Electric utility substations on a site greater than 40,000 square feet may be permitted in accordance with Section 74-142 (Electric utility substations).
3. Sewage disposal plants may be permitted in accordance with Section 74-143 (Sewage pumping stations and sewage disposal plants).
4. Sewage pumping stations may be permitted in accordance with Section 74-143 (Sewage pumping stations and sewage disposal plants).
5. Docks for ferries or water taxis may be permitted in all Residence Districts, except R1 and R2 Districts, in accordance with Section 62-833 (Docks for ferries or water taxis in Residence Districts). However, in R6 through R10 districts, when located within Community District 1 in the Borough of Brooklyn, such docks are permitted by certification by the Chairperson of the City Planning Commission, pursuant to Section 62-813 (Docking facilities for ferries or water taxis in certain waterfront areas).
6. Public transit or railroad electric substations on a site greater than 40,000 square feet may be permitted in accordance with Section 74-147 (Public transit or railroad electric substations).
7. Railroad passenger stations may be permitted in accordance with Section 74-148 (Railroad passenger stations).
8. Seaplane bases may be permitted in accordance with Section 74-149 (Seaplane Bases).

22-15

Use Group V – Transient Accommodations

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

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

overnight camps, where allowed by special permit of the Board of Standards and Appeals, in accordance with Section 73-151 (Overnight camps); and
in R10H Districts, transient hotels, where allowed by special permit of the City Planning Commission, in accordance with Section 74-151 (In R10H Districts).

22-16

Use Group VI – Retail and Services

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

Use Group VI consists of uses where goods or services are conveyed directly to consumers. In R10H Districts, an eating or drinking establishment may be permitted by special permit of the Board of Standards and Appeals, in accordance with Section 72-21 (Findings Required for Variances).

22-17

Use Group VII – Offices and Laboratories

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

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

laboratories, where allowed by special permit of the City Planning Commission, in accordance with Section 74-171 (Laboratories); and
offices, where allowed within the flood zone, by special permit of the Board of Standards and Appeals, in accordance with Section 73-171 (Ground floor offices in the flood zone).

22-18

Use Group VIII – Recreation, Entertainment and Assembly Spaces

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

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

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

22-20

SPECIAL PROVISIONS APPLICABLE TO CERTAIN AREAS AND DISTRICTS

22-21

Use of Railroad or Transit Air Space

In all Residence Districts, railroad or transit air space may be developed or used in accordance with the provisions of this Section.

Railroad or transit air space may be developed or used only for a permitted use accessory to the railroad or transit right-of-way or yard, a use permitted by the City Planning Commission as set forth in Section 74-61 (Development Within or Over a Railroad or Transit Right-of-Way or Yard), or a railroad passenger station permitted by the City Planning Commission as set forth in Section 74-148 (Railroad passenger stations) unless the right-of-way or yard or portion thereof is no longer required for railroad or transit use as set forth in paragraph (b) of this Section.

If any building or other structure constructed in such railroad or transit air space in accordance with the provisions of Section 74-148 is enlarged or replaced by a new building or other structure, the provisions of this Section shall apply to such enlargement or replacement.

However, any use legally established in such railroad or transit air space in accordance with the provisions of Section 74-148 may be changed to another use listed in a permitted Use Group, and no additional special permit from the City Planning Commission shall be required for such change of use.

Any building or other structure within or over a railroad or transit right-of-way or yard, which building or other structure was completed prior to September 27, 1962, or constructed in accordance with the applicable provisions of Sections 11-31 through 11-33, inclusive, prior to December 5, 1991, may be enlarged or replaced in accordance with the applicable district regulations without any requirement for a special permit from the City Planning Commission. Ownership of rights permitting the enlargement or replacement of such a building or other structure shall be deemed to be equivalent to ownership of a zoning lot or portion thereof, provided that such enlargement or replacement will be on one block and the rights are in single ownership and recorded prior to February 22, 1990. Such ownership of rights shall be deemed to include alternative arrangements specified in the zoning lot definition in Section 12-10.

Enlargement or replacement utilizing these ownership rights shall be deemed to be constructed upon the equivalent of a zoning lot.

When the use of a railroad or transit right-of-way or yard or portion thereof has been permanently discontinued or terminated and a large-scale residential development, large-scale community facility development or large-scale general development requiring one or more special permits is proposed, no use or development of the property shall be allowed until the City Planning Commission has authorized the size and configuration of all zoning lots on such property. As a condition for such authorization, the Commission shall find that:
1. the proposed zoning lots, indicated by a map describing the boundaries of and the total area of each lot, are not excessively large, elongated or irregular in shape and that no development on any zoning lot would result in the potential for an excessive concentration of bulk that would be incompatible with allowable development on adjoining property; and
2. each resulting zoning lot has direct access to one or more streets.

No subsequent alteration in size or configuration of any zoning lot approved by the Commission shall be permitted unless authorized by the Commission. The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects of such zoning lot designation on the character of the surrounding area. Such conditions shall be set forth in a written Declaration of Restrictions covering all tracts of land or in separate written Declarations of Restrictions covering parts of such tracts of land and which in the aggregate cover the entire tract of land comprising the zoning lot and which is executed and recorded as specified in the definition of zoning lot in Section 12-10 (DEFINITIONS).

Prior to granting any zoning lot authorization relating to the above mentioned right-of-way or yard, the Commission shall request the Metropolitan Transportation Authority and the Departments of Transportation of the State of New York and the City of New York to indicate within 30 days whether said agencies have any plan to use such property or portion thereof for a railroad or transit use.

22-22

Detached and Semi-detached Two-family Residences

The City Planning Commission may, upon application, authorize the waiver of requirements for detached two-family residences in R3A, R3X or R4A Districts, as set forth in paragraphs (a) of Section 22-123 (Use Group II – uses subject to additional conditions) or semi-detached two-family residences in R3-1 or R4-1 Districts, as set forth in paragraph (b) of Section 22-123 provided that:

the development is compatible with the scale and character of the surrounding area; and
in R3A, R3X or R4A Districts, the design does not give the appearance of a semi-detached building; or
in R3-1 or R4-1 Districts, the design does not give the appearance of an attached building; and each dwelling unit has a perimeter wall with windows facing a side yard.

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

22-30

SIGN REGULATIONS

22-31

Definitions

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

22-32

Permitted Non-illuminated Accessory Signs

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, non-illuminated accessory signs are permitted as set forth in this Section, subject to the provisions of Section 22-34 (Additional Regulations).

22-321

Nameplates or identification signs

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

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

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

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

22-322

"For sale" or "for rent" signs

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

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

22-323

Signs for parking areas

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

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

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

22-33

Signs on Lots Containing Certain Community Facilities

22-331

Permitted illuminated accessory signs for hospitals and related facilities

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, for hospitals and related facilities, illuminated non-flashing accessory signs are permitted in all districts, subject to Section 22-34 (Additional Regulations). Any number of illuminated non-flashing identification or directional signs are permitted, provided that the total surface area in square feet of said illuminated signs or the combined total surface area in square feet of the illuminated and non-illuminated identification or directional signs does not exceed 25 square feet on any one street frontage or 15 percent of such street frontage in feet, whichever is less, and provided further that the Commissioner of Buildings determines that such signs are so located as to cause a minimum amount of light to be projected onto abutting or adjacent residences. However, for zoning lots with more than one building that front upon the same street, each such building shall be permitted a surface area of 25 square feet.

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

22-332

Flags, banners or pennants on lots containing certain community facilities

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

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

22-34

Additional Regulations

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts as indicated, any sign permitted under the provisions of Sections 22-32 (Permitted Non-illuminated Accessory Signs) and 22-331 (Permitted illuminated accessory signs for hospitals and related facilities) shall conform to the regulations set forth in this Section.

22-341

Projecting signs

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

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

22-342

Height of signs

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

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

22-343

Number of signs

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

Except as otherwise provided in Sections 22-32 (Permitted Non-illuminated Accessory Signs) or 22-331 (Permitted illuminated accessory signs for hospitals and related facilities), not more than one sign is permitted for each use, building or dwelling unit, and not more than two signs for each professional office. On a corner lot or through lot, one sign (or for professional offices, two signs) is permitted on each street.

22-35

Advertising Signs on Waterways