The applicability of the Quality Housing Program to commercial buildings, community facility buildings or buildings used partly for commercial use and partly for community facility use is set forth in this Section.

In C1 and C2 Districts mapped within R6 through R10 Districts with a letter suffix, and in C1-6A, C1-7A, C1-8A, C1-8X, C1-9A, C2-6A, C2-7A, C2-7X, C2-8A, C4-2A, C4-3A, C4-4A, C4-4D, C4-4L, C4-5A, C4-5D, C4-5X, C4-6A, C4-7A, C5-1A, C5-2A, C6-2A, C6-3A, C6-3D, C6-3X, C6-4A or C6-4X Districts, all buildings shall comply with the applicable height and setback regulations for Quality Housing buildings set forth in Article III, Chapter 5. Special regulations are set forth for buildings containing long-term care facilities or philanthropic or non-profit institutions with sleeping accommodations in Section 33-012 (Special provisions for certain community facility uses).

The provisions of this Section shall apply to buildings containing long-term care facilities or philanthropic or non-profit institutions with sleeping accommodations, listed under Use Group III(A).

(a)        Buildings containing long-term care facilities

(1)        Commercial Districts with a residential equivalent of an R1 or R2 District

In C1 or C2 Districts mapped within R1 or R2 Districts, where a long-term care facility is permitted pursuant to Section 74-131 (Long-term care facilities), the bulk regulations of this Chapter shall apply. The maximum floor area ratio for such long-term care facilities shall not exceed the applicable floor area ratio of paragraph (b) of Section 33-121 (In districts with bulk governed by Residence District bulk regulations), except as permitted by the City Planning Commission pursuant to Section 74-902 (Certain community facility uses in R1 and R2 Districts and certain Commercial Districts).

(2)        Commercial Districts with a residential equivalent of an R3 through R5 District

In C1 or C2 Districts mapped within R3-2 Districts, or within R4 or R5 Districts without a letter or number suffix, or in C3 Districts without a letter suffix, or in C4-1 Districts, the bulk regulations of Article II, Chapter 3 applicable to affordable independent residences for seniors, inclusive, shall apply to buildings, or portions thereof, containing long-term care facilities, except as follows:

(i)        the lot coverage provisions of Section 23-144 shall not apply;

(ii)        the minimum size of dwelling unit provisions of Section 23-23 shall not apply;

(iii)        the yard regulations of Sections 33-20 and 33-30 shall apply in lieu of Sections 23-40 and 23-50;  

(iv)        in C1 or C2 Districts mapped within R3-2 Districts or in C3 Districts without a letter suffix, the height and setback provisions of Section 33-40 shall apply in lieu of Section 23-60; and

(v)        in C1 or C2 Districts mapped within R5 Districts or in C4-1 Districts, the provisions of paragraph (j)(2) of Section 23-631 shall be modified so that the height of a building containing long-term care facilities may be increased to 55 feet beyond 25 feet of the street line on any zoning lot.

In all such Districts, the Commission may permit the bulk regulations of this Chapter to apply pursuant to the special permit in Section 74-903 (Certain community facility uses in R3 to R9 Districts and certain Commercial Districts).

The Residence District within which such Commercial Districts are mapped, or the applicable residential equivalent set forth in the tables in Section 35-23 (Residential Bulk Regulations in Other C1 or C2 Districts or in C3, C4, C5 or C6 Districts) shall be used to determine the applicable residential bulk regulations of Article II, Chapter 3.

In C1 or C2 Districts mapped within R3-1, R3A, R3X, R4-1, R4A, R4B, R5A, R5B or R5D Districts, or in C3A Districts, the bulk regulations of this Chapter shall apply to community facility buildings, or the community facility portion of a building containing long term care facilities, as applicable. The maximum floor area ratio for such long-term care facilities shall not exceed the applicable floor area ratio of paragraph (d) or (e) of Section 33-121, as applicable, except as permitted by the Commission pursuant to Section 74-903.

(3)        Commercial Districts with a residential equivalent of an R6 through R10 District

In C1 or C2 Districts mapped within R6 through R10 Districts, or in Commercial Districts with a residential equivalent of an R6 through R10 District, the bulk regulations of Article II, Chapter 3, applicable to affordable independent residences for seniors, inclusive, shall apply to buildings, or portions thereof, containing long-term care facilities, except as follows:

(i)        in C1 or C2 Districts mapped within R6A Districts or R6 Districts without a letter suffix, or in Commercial Districts with a residential equivalent of an R6A District or an R6 District without a letter suffix, the maximum floor area ratio for long-term care facilities shall be 3.6;

(ii)        in C1 or C2 Districts mapped within R7A Districts or R7 Districts without a letter suffix, other than R7-3 Districts, or in Commercial Districts with a residential equivalent of an R7A District or an R7 District without a letter suffix, the maximum floor area ratio for long-term care facilities shall be 4.6;

(iii)        the minimum size of dwelling unit provisions of Section 23-23 shall not apply;

(iv)        the provisions of Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) shall be modified by Section 35-532 (Modification of permitted obstructions in required yards or rear yard equivalents for certain affordable independent residences for seniors); and

(v)        the provisions of Section 23-66 (Height and Setback Requirements for Quality Housing Buildings) shall be modified by Section 35-65.

The Residence District within which such Commercial Districts are mapped, or the applicable residential equivalent set forth in the tables in Section 35-23 (Residential Bulk Regulations in Other C1 or C2 Districts or in C3, C4, C5 or C6 Districts) shall be used to determine the applicable residential bulk regulations of Article II, Chapter 3.

In C1 or C2 Districts mapped within R6 through R10 Districts without a letter suffix, or in Commercial Districts with a residential equivalent of an R6 through R10 District without a letter suffix, the Commission may permit the bulk regulations of this Chapter to apply to such long-term care facilities pursuant to the special permit in Section 74-903.

(4)        Applicability of affordable independent residences for seniors bulk provisions

Where buildings containing long-term care facilities are required to utilize the bulk provisions applicable to affordable independent residences for seniors, such uses shall be considered residential for the purpose of applying such provisions, and the term dwelling unit shall include dwelling units and rooming units, as set forth in the Housing Maintenance Code.

(b)        Buildings containing philanthropic or non-profit institutions with sleeping accommodations

The provisions of this Chapter apply to buildings, or portions thereof, containing philanthropic or non-profit institutions with sleeping accommodations. In addition, the following special bulk provisions apply:

(1)        Commercial Districts with a residential equivalent of an R1 or R2 District

In C1 and C2 Districts mapped within R1 and R2 Districts, the maximum floor area ratio for a building that contains a philanthropic or non-profit institution with sleeping accommodations shall not exceed the floor area ratio set forth in paragraph (b) of Section 33-121, except as permitted by the Commission pursuant to Section 74-902.

(2)        Commercial Districts with a residential equivalent of an R3 through R10 District

In C1 or C2 Districts mapped within R3 through R9 Districts, the maximum floor area ratio for a building that contains a philanthropic or non-profit institution with sleeping accommodations shall not exceed the floor area ratio set forth in paragraphs (d) or (e) of Section 33-121, except as permitted by the Commission pursuant to Section 74-903.

In other Commercial Districts with a residential equivalent of R3 through R9 Districts, the maximum floor area ratio for a building that contains a philanthropic or non-profit institution with sleeping accommodations shall not exceed the floor area ratio set forth in paragraphs (a) and (b) of Section 33-123 (Community facility buildings or buildings used for both community facility and commercial uses in all other Commercial Districts), as applicable, except as permitted by the Commission pursuant to Section 74-903.

In C1 or C2 Districts mapped within R10 Districts or in Commercial Districts with a residential equivalent of an R10 District, the maximum floor area ratio for a building that contains a philanthropic or non-profit institution with sleeping accommodations shall not exceed the floor area ratio set forth in the tables of Sections 33-121 or 33-123, as applicable.

In R6 through R10 Districts without a letter suffix, the height and setback regulations for Quality Housing buildings set forth in Article II, Chapter 3, may be applied. However, the provisions of Section 23-66 are modified by Section 35-65 (Height and Setback Requirements for Quality Housing Buildings).

(c)        Applicability of Quality Housing Program elements

For all buildings containing long-term care facilities that utilize the bulk regulations for affordable independent residences for seniors in Article II, Chapter 3, as modified by Section 35-65, and for buildings containing philanthropic or non-profit institutions with sleeping accommodations that utilize the height and setback regulations for Quality Housing buildings in Section 35-65, the Quality Housing Program, and the associated mandatory and optional program elements, shall apply to such uses, as modified by paragraph (d) of Section 28-01 (Applicability of this Chapter).

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, for a zoning lot containing a commercial or community facility use, the maximum floor area ratio is determined by the Residence District within which such Commercial District is mapped and shall not exceed the maximum floor area ratio set forth in the following table:

MAXIMUM FLOOR AREA RATIO

________

^*        In R8B Districts, within the boundaries of Community District 8 in the Borough of Manhattan, the maximum floor area ratio on a zoning lot containing community facility use exclusively shall not exceed 5.10

In addition, the following provisions shall apply:

(a)        For zoning lots containing both commercial uses and community facility uses, the total floor area used for commercial uses shall not exceed the amount permitted for zoning lots containing only commercial uses set forth in Column A.

(b)        In C1 and C2 Districts mapped within R1 and R2 Districts, the maximum floor area ratio for community facility uses on a zoning lot containing both commercial uses and community facility uses is 0.50 unless it is increased pursuant to the special permit provisions of Section 74-902 (Certain community facility uses in R1 and R2 Districts and certain Commercial Districts.)

(c)        In C1 and C2 Districts mapped within R1, R2, R3-1, R3A and R3X Districts in the Borough of Staten Island and in Community District 10 in the Borough of the Bronx, the maximum floor area ratio for any zoning lot containing a building used for ambulatory diagnostic or treatment health care facilities  listed under Use Group III(B), or child care services listed under the definition of school in Section 12-10 (DEFINITIONS) shall be 1.2.

(d)        In C1 and C2 Districts mapped within R3, R4, R5, R6, R7, R8 and R9 Districts, for any zoning lot containing philanthropic or non-profit institutions with sleeping accommodations, or in C1 and C2 Districts mapped within R3-1, R3A, R3X, R4-1, R4A, R4B, R5A, R5B and R5D Districts, for any zoning lot containing long-term care facilities, the total floor area for all such community facility uses shall not exceed the amount as set forth in paragraph (b) of Section 24-111 (Maximum floor area ratio for certain community facility uses) or, for Quality Housing buildings, as set forth in Section 23-153, unless modified pursuant to Section 74-903.

(e)        The maximum floor area ratio for any zoning lot used partly for commercial uses and partly for long-term care facilities in C1 and C2 Districts mapped within R3-1, R3A, R3X, R4-1, R4A, R4B, R5A, R5B and R5D Districts, or philanthropic or non-profit institutions with sleeping accommodations in C1 or C2 Districts mapped within R3 through R9 Districts, shall not exceed the amount permitted for a zoning lot containing commercial uses as set forth for the applicable Residence District within which such Commercial District is mapped in Column A. However, for the districts in which the allowable floor area ratio, as set forth in paragraph (b) of Section 24-111 or, for Quality Housing buildings, as set forth in Section 23-153, exceeds the amount permitted for a zoning lot containing commercial uses, as set forth in Column A, the provisions of paragraph (b) of Section 24-111 or Section 23-153, as applicable, shall be used to compute the maximum floor area permissible for the zoning lot unless modified pursuant to Section 74-903.

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C3 C4 C5 C6 C7 C8

In the districts indicated, the maximum floor area ratio for a zoning lot containing only commercial uses shall not exceed the floor area ratio set forth in the following table:

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C3 C4 C5 C6 C7 C8

In the districts indicated, the maximum floor area ratio for a zoning lot containing community facility uses, or for a zoning lot containing both commercial and community facility uses, shall not exceed the floor area ratio set forth in the following table:

For zoning lots containing both commercial uses and community facility uses, the total floor area used for commercial uses shall not exceed the amount permitted for zoning lots containing only commercial uses in Section 33-122.

In addition, the following provisions shall apply:

(a)        In C1 through C6 Districts, except districts with a residential equivalent of an R10 District, for any zoning lot containing philanthropic or non-profit institutions with sleeping accommodations, the total floor area used for such community facility use shall not exceed the amount as set forth in paragraph (b) of Section 24-111 (Maximum floor area ratio for certain community facility uses) or, for Quality Housing buildings, as set forth in Section 23-153, applying the equivalent Residence District (indicated in Section 34-112) for the Commercial District in which such use is located, unless modified pursuant to Section 74-903 (Certain community facility uses in R3 to R9 Districts and certain Commercial Districts).

(b)        The maximum floor area ratio for any zoning lot used partly for commercial use and partly for philanthropic or non-profit institutions with sleeping accommodations in C1 through C6 Districts, except districts with a residential equivalent of an R10 District, shall not exceed the amount permitted for a zoning lot containing commercial uses by the applicable district regulations. However, for the districts in which the allowable floor area ratio, as set forth in paragraph (b) of Section 24-111 or, for Quality Housing buildings, as set forth in Section 23-153, exceeds the amount permitted for a zoning lot containing commercial uses, the provisions of paragraph (b) of Section 24-111 or Section 23-153, as applicable, shall be used to compute the maximum floor area permissible for the zoning lot unless modified pursuant to Section 74-903.

(a)        Elimination or reduction in size of non-bonused open area on a zoning lot containing a bonused amenity

In all districts, any existing open area for which a floor area bonus has not been utilized that occupies the same zoning lot as an existing publicly accessible open area or other public amenity, open or enclosed, for which a floor area bonus has been utilized, may be reduced in size or eliminated only upon certification of the Chairperson of the City Planning Commission that all bonused amenities comply with the standards under which such floor area bonus was granted.

(b)        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 City Planning 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 amenities

In all Commercial Districts, no existing publicly accessible open area 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).

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, when mapped within an R1, R2, R3, R4 or R5 District, except R5D Districts, on any zoning lot on which there are provided yards as set forth in this Section, the maximum floor area ratio set forth in Section 33-12 (Maximum Floor Area Ratio) for a zoning lot containing only community facility uses or both commercial and community facility uses, may be increased to the floor area ratio set forth in the following table provided that:

(a)        on interior lots, a front yard not less than 30 feet in depth is provided;

(b)        on corner lots, two front yards, each not less than 20 feet in depth, are provided; or

(c)        on through lots, a front yard not less than 30 feet in depth is provided along each front lot line.

MAXIMUM FLOOR AREA RATIO

C3 C4-1

In the districts indicated, the provisions set forth in Section 33-151 shall also apply as set forth in the following table:

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, for corner lots, and for zoning lots that are bounded by two or more streets that are neither corner lots or through lots, the portion of a side lot line beyond 100 feet of the street line that it intersects shall be considered a rear lot line and a rear yard with a minimum depth of 20 feet shall be provided where such rear lot line coincides with a rear lot line of an adjoining zoning lot.

CORNER LOT

(33-261.1, 43-261.1)

ZONING LOT BOUNDED BY TWO OR MORE STREETS (NEITHER A CORNER LOT NOR A THROUGH LOT)
(33-261.2, 43-261.1)

In C7 Districts, a rear yard shall be provided at the minimum depth set forth in the table below for the applicable height above the base plane, at every rear lot line on any zoning lot.

REQUIRED DEPTH OF REAR YARD

In addition, where a portion of a side lot line beyond 100 feet of the street line coincides with a rear lot line of an adjoining zoning lot, such side lot line shall be considered a rear lot line and a rear yard shall be required with a minimum depth in accordance with the provisions of this Section.

C4-2 C4-3 C4-4 C4-5 C4-6 C4-7 C5 C6 C7 C8-4

In the districts indicated, no rear yard regulations shall apply to any through lot, except as otherwise provided in Section 33-303 (For zoning lots with multiple rear lot lines).

C1 C2 C3 C4-1 C8-1 C8-2 C8-3

In the districts indicated, no rear yard regulations shall apply to any through lots which extend less than 110 feet in maximum depth from street to street.

C1 C2 C3 C4-1 C8-1 C8-2 C8-3

In the districts indicated, on any through lot 110 feet or more in maximum depth from street to street, one of the following rear yard equivalents shall be provided:

(a)        an open area with a minimum depth of 40 feet midway (or within five feet of being midway) between the two street lines upon which such through lot fronts. In C1-6A, C1-7A, C1-8X, C1-9A, C2-6A, C2-7X, C2-8A and in C1 and C2 Districts mapped within R5D, R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X or R10 Districts, a rear yard equivalent shall be provided only as set forth in this paragraph; or

(b)        two open areas, each adjoining and extending along the full length of the street line, and each with a minimum depth of 20 feet measured from such street line; except that in C1 or C2 Districts the depth of such required open area along one street line may be decreased provided that a corresponding increase of the depth of the open area along the other street line is made; or

(c)        an open area adjoining and extending along the full length of each side lot line, with a minimum width of 20 feet measured from each such side lot line.

Any such rear yard equivalent shall be unobstructed from its lowest level to the sky, except as provided in Section 33-23 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, along such portion of the boundary of a Commercial District that coincides with a side lot line of a zoning lot in an R1, R2, R3, R4 or R5 District an open area not higher than curb level shall be provided within the Commercial District with at least the width or depth set forth in the following table. Such an open area shall not be used for accessory off-street loading, or for storage or processing of any kind.

REQUIRED YARD ALONG DISTRICT BOUNDARY COINCIDENT WITH SIDE LOT LINES
(33 - 291)

C1 C2 C3 C4 C5 C6 C7 C8

1. For districts other than C7 Districts
   
   In all districts, other than C7 Districts, along such portion of the rear lot line of a zoning lot in a Commercial District which coincides with a rear lot line of a zoning lot in an adjoining Residence District, an open area at a level not higher than indicated in the following table, shall be provided along such boundary and within the Commercial District. Such an open area shall not be used for storage or processing of any kind.

REQUIRED DEPTH OF YARD

REQUIRED YARD ALONG DISTRICT BOUNDARIES COINCIDENT WITH REAR LOT LINES
(33 - 292)

1. For C7 Districts
   
   For C7 Districts, where the portion of a rear lot line of a zoning lot coincides with the rear lot line of an adjoining Residence District, an open area not higher than 30 feet above curb level and at least 20 feet in depth shall be provided.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, along such portion of a side lot line of a zoning lot in a Commercial District that coincides with a rear lot line of a zoning lot in an adjoining Residence District, an open area at curb level of at least the width set forth in the following table shall be provided along such boundary within the Commercial District. Such an open area shall not be used for accessory off-street loading, or for storage or processing of any kind.

REQUIRED YARD ALONG DISTRICT BOUNDARIES
(33 - 293)

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, for buildings other than Quality Housing buildings, the maximum height of a front wall and the required front setback of a building or other structure shall be determined by the Residence District within which such Commercial District is mapped and, except as otherwise set forth in this Section, shall be as set forth in the following table:

MAXIMUM HEIGHT OF FRONT WALL AND REQUIRED FRONT SETBACKS

However, in accordance with the provisions of Section 32-42 (Location Within Buildings), no commercial building or portion thereof occupied by non-residential uses listed under Use Groups VI through X shall exceed in height 30 feet or two stories, whichever is less.

For community facility buildings or buildings used for both community facility use and commercial use, when mapped within R4, R5, R5A or R5B Districts, the maximum height of a front wall shall be 35 feet or three stories, whichever is less, and the height above street line shall be 35 feet and, when mapped within R7-2 Districts, the maximum height of a front wall shall be 60 feet or six stories, whichever is less.

In C1 or C2 Districts mapped within R1, R2 or R3 Districts in the Borough of Staten Island or in Community District 10 in the Bronx, for buildings containing ambulatory diagnostic or treatment health care facilities listed under Use Group III(B), or child care services, as listed under the definition of school in Section 12-10 (DEFINITIONS), the maximum height of a front wall or other portion of a building within the initial setback distance shall be 35 feet, or three stories, whichever is less. However, such increased height shall only be permitted beyond 20 feet of a Residence District boundary or beyond 20 feet of any portion of a building containing a residential use located in a Commercial District.

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C3 C4 C5 C6 C8

In the districts indicated, for buildings other than Quality Housing buildings, the maximum height of a front wall and the required front setback of a building or other structure, except as otherwise set forth in this Section, shall be as set forth in the following table:

MAXIMUM HEIGHT OF FRONT WALL AND REQUIRED FRONT SETBACKS

However, in accordance with the provisions of Section 32-42 (Location within Buildings), in C1, C2 or C3 Districts, no commercial building, or portion thereof, occupied by non-residential uses listed under Use Groups VI through X shall exceed in height 30 feet or two stories, whichever is less.

In C4-1 or C8-1 Districts, for community facility buildings or buildings used for both community facility and commercial use, the maximum height of a front wall shall be 35 feet or three stories, whichever is less, and the height above street line shall be 35 feet.

In C1-6, C2-6, C4-4 or C4-5 Districts, for community facility buildings or buildings used for both community facility and commercial use, the maximum height of a front wall shall be 60 feet or six stories, whichever is less.

SKY EXPOSURE PLANE IN OTHER COMMERCIAL DISTRICTS
(23 - 632, 24 - 522, 33 - 432, 43 - 43)

(a)        Within the boundaries of Community District 7 in the Borough of Manhattan, all buildings or other structures located in an R10 equivalent Commercial Districts without a letter suffix shall comply with the requirements of Section 23-672 (Special height and setback regulations in R10 Districts within Community District7, Borough of Manhattan).

(b)         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 Section 23-674 (Special height and setback regulations for certain sites in Community District 9, Borough of Manhattan).

(c)        In C1 or C2 Districts mapped within R5D Districts, all buildings or other structures shall comply with the applicable height and setback requirements of Section 23-60.

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 alternate front setback regulations applicable to a building or other structure shall be determined by the Residence District in which such Commercial District is mapped and, except as otherwise set forth in this Section, shall be as set forth in the following table:

ALTERNATE REQUIRED FRONT SETBACKS

However, in accordance with the provisions of Section 32-42 (Location within Buildings), no commercial building, or portion thereof, occupied by non-residential uses listed under Use Groups VI through X shall exceed in height 30 feet or two stories, whichever is less.

For community facility buildings or buildings used for both community facility use and commercial use, when mapped within R4, R5, R5A or R5B Districts, the height above street line shall be 35 feet.

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C3 C4 C5 C6 C8

In the districts indicated, the alternate front setback regulations applicable to a building or other structure shall be as set forth in the following table:

ALTERNATE REQUIRED FRONT SETBACKS

However, in accordance with the provisions of Section 32-42 (Location Within Buildings), in C1, C2 or C3 Districts, no commercial building or portion thereof occupied by uses listed under Use Groups VI through X shall exceed in height 30 feet or two stories, whichever is less.

In C4-1 or C8-1 Districts, for community facility buildings or buildings used for both community facility use and commercial use, the maximum height above street line shall be 35 feet or three stories, whichever is less.

ALTERNATE SKY EXPOSURE PLANE

(23-64, 24-53, 33-442, 43-44)       

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

In the districts indicated, any buildings or portions thereof 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 percent set forth in Section 33-454 (Towers on small lots), may penetrate an established sky exposure plane. (Such building or portion thereof is hereinafter referred to as a tower.) At any given level, except where the provisions set forth in Section 33-455 (Alternate regulations for towers on lots bounded by two or more streets) or 33-456 (Alternate setback regulations on lots bounded by two or more streets) or 33-457 (Tower setbacks on narrow blocks) are applicable and where the option is taken to be governed by such provisions, such tower may occupy any portion of the zoning lot not located less than 15 feet from the street line of a narrow street, or less than 10 feet from the street line of a wide street, provided that the aggregate area so occupied within 50 feet of a narrow street shall not exceed 1,875 square feet and the aggregate area so occupied within 40 feet of a wide street shall not exceed 1,600 square feet.

If all of the buildings on a zoning lot containing such tower do not occupy at any level more than the maximum percent of the lot area set forth in this Section or Section 33-454 for towers, the tower may occupy any portion of the zoning lot located 20 feet or more from the street line of a narrow street or 15 feet or more from the street line of a wide street, provided that the aggregate area so occupied within 50 feet of a narrow street shall not exceed 2,250 square feet and the aggregate area so occupied within 40 feet of a wide street shall not exceed 2,000 square feet.

Unenclosed balconies, subject to the provisions of Section 24-166 (Balconies), are permitted to project into or over open areas not occupied by towers.

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, when mapped within an R7-2, R8, R9 or R10 District, the provisions set forth in Section 33-451 (In certain specified Commercial Districts) shall apply to any community facility building. If a building is used for both community facility and commercial uses, no portion of such building occupied by commercial use shall penetrate the sky exposure plane as set forth in Sections 33-43 (Maximum Height of Walls and Required Setbacks) or 33-44 (Alternate Front Setbacks).

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C4-4 C4-5 C4-6 C5-1 C6-1 C6-2 C6-3 C8-3 C8-4

In the districts indicated, the provisions set forth in Section 33-451 (In certain specified Commercial Districts) shall apply to any community facility building. If a building is used for both community facility and commercial uses, no portion of such building occupied by commercial use shall penetrate the sky exposure plane as set forth in Section 33-43 (Maximum Height of Walls and Required Setbacks) or 33-44 (Alternate Front Setbacks).

C1 C2 C4-4 C4-5 C4-6 C4-7 C5 C6 C8-3 C8-4

In the districts indicated, a tower permitted under the provisions of Sections 33-451, 33-452 or 33-453 may occupy the percent of the lot area of a zoning lot set forth in the following table:

LOT COVERAGE OF TOWERS ON SMALL ZONING LOTS

C5-3 C5-5 C6-6 C6-7 C6-9

In the districts indicated, if a zoning lot is bounded by at least two street lines, a tower may occupy the percent of the lot area of a zoning lot set forth in this Section, provided that, except as otherwise set forth in Section 33-457 (Tower setbacks on narrow blocks), all portions of any building or buildings on such zoning lot, including such tower, are set back from street lines as required in this Section.

(a)        The maximum percent of lot area that may be occupied by such tower, shall be the sum of 40 percent plus one-half of one percent for every .10 by which the floor area ratio of such zoning lot is less than the floor area ratio permitted under the provisions of Sections 33-12 (Maximum Floor Area Ratio), 33-13 (Floor Area Bonus for a Public Plaza) or 33-14 (Floor Area Bonus for Arcades). The maximum lot coverage for any tower built under the provisions of this Section or for any building or buildings on any zoning lot occupied by such tower shall be 55 percent of the lot area of such zoning lot.

(b)        At all levels, including ground level, such building shall be set back from the street line as follows:

(1)        On narrow streets, by a distance equal to at least the fraction of the aggregate width of street walls of the tower, the numerator of which fraction is one and the denominator of which fraction is the sum of 3.0 plus .0667 for every .10 by which the floor area ratio of such building is less than the floor area ratio permitted under the provisions of Sections 33-12, 33-13 or 33-14, provided that such fraction shall be no less than one-fifth, and provided further that such setback need not exceed 45 feet.

(2)        On wide streets, by a distance equal to at least the fraction of the aggregate width of street walls of the tower, the numerator of which fraction is one and the denominator of which fraction is the sum of 4.0 plus .10 for every .10 by which the floor area ratio of such building is less than the floor area ratio permitted under the provisions of Sections 33-12, 33-13 or 33-14, provided that such fraction shall be no less than one-seventh, and provided further that such setback need not exceed 35 feet.

(c)        If a zoning lot occupies an entire block, the maximum setback, set forth in paragraph (b) of this Section, of 45 feet on each narrow street bounding the zoning lot may be reduced by one foot for every six feet of setback provided on a wide street bounding the zoning lot in addition to the setbacks otherwise required for wide streets as set forth in such paragraph, provided that no setback on a narrow street resulting from such reduction shall be less than 35 feet or one-tenth the aggregate width of street walls of the tower, whichever shall require the greater setback.

(d)        The additional setbacks on wide streets set forth in paragraph (c) of this Section may be provided entirely on one wide street or divided in any proportion among any two wide streets bounding the zoning lot.

(e)        Notwithstanding any other provision set forth in this Section, no building or portion of a building built under the provisions of this Section shall be set back less than 25 feet from the street line on narrow streets or less than 15 feet from the street line on wide streets.

C5-3 C5-5 C6-6 C6-7 C6-9

In the districts indicated, except as otherwise set forth in Section 33-457 (Tower setbacks on narrow blocks), if a zoning lot is bounded by at least two street lines, a tower occupying not more than the percent of lot area set forth in Section 33-451 (In certain specified Commercial Districts) or 33-454 (Towers on small lots), may be set back from a street line as follows:

(a)        On narrow streets, by a distance equal to at least the fraction of the aggregate width of street walls of the tower, the numerator of which fraction is one and the denominator of which fraction is the sum of 3.0 plus .0333 for each .10 by which the floor area ratio of the zoning lot is less than the floor area ratio permitted under the provisions of Section 33-12, 33-13 or 33-14, provided that such fraction shall be no less than one-fifth, and provided further that such setback need not exceed 45 feet.

(b)        On wide streets, by a distance equal to at least the fraction of the aggregate width of street walls of the tower, the numerator of which fraction is one and the denominator of which fraction is the sum of 4.0 plus .05 for each .10 by which the floor area ratio of the zoning lot is less than the floor area ratio permitted under the provisions of Sections 33-12 (Maximum Floor Area Ratio), 33-13 (Floor Area Bonus for a Public Plaza) or 33-14 (Floor Area Bonus for Arcades), provided that such fraction shall be no less than one-seventh, and provided further that such setback need not exceed 35 feet.

(c)        Notwithstanding any other provisions set forth in this Section, no tower built under the provisions of this Section shall be set back less than 25 feet from the street line on narrow streets or less than 15 feet from the street line on wide streets.

C5-3 C5-5 C6-6 C6-7 C6-9

In the districts indicated, if a zoning lot is bounded by at least three street lines, and any two of the street lines are opposite to each other and parallel or within 45 degrees of being parallel to each other, and their average distance apart is 150 feet or less, the minimum distance a tower is required to be set back from such opposite street lines under the provisions of Section 33-455 (Alternate regulations for towers on lots bounded by two or more streets) or Section 33-456 (Alternate setback regulations on lots bounded by two or more streets), is reduced in accordance with the following table:

TOWER SETBACKS ON NARROW BLOCKS

C5-5 C6-8 C6-9 C8

In the districts indicated, for commercial or community facility uses in specified situations, the Board of Standards and Appeals may modify the regulations set forth in Sections 33-41 to 33-45, inclusive, relating to Height and Setback Regulations, in accordance with the provisions of Section 73-68 (Height and Setback and Yard Modifications).

C1 C2 C3 C4 C5 C6 C7 C8

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 33-40 through 33-45, inclusive, relating to Height and Setback Regulations in accordance with the provisions of Section 73-64 (Modifications for community facility uses). However, for Quality Housing buildings utilizing the height and setback regulations of Article II, Chapter 3, as required by Section 33-40, the Board shall not permit modification to the provisions of Sections 23-67 through 23-69, inclusive.

C1 C2 C3 C4 C5 C6 C7 C8

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 front height and setback regulations specified in Section 33-43 (Maximum Height of Walls and Required Setbacks) to any building or other structure on a zoning lot adjoining such public park. However, this Section shall not apply to a public park more than 75 percent of which is paved.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, wherever such districts are located within a Limited Height District, the maximum height of a building or other structure, or portion thereof, shall be as shown in the following table:

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C4-4D C4-5D C4-5X C4-6A C4-7A C5-1A C5-2A C6-2A C6-3A C6-3D C6-3X C6-4A C6-4X

In the districts indicated, and in C1 and C2 Districts mapped within R7-2, R7D, R7X, R8, R9 and R10 Districts, the provisions of Section 23-692 (Height limitations for narrow buildings or enlargements) shall apply to portions of buildings with street walls less than 45 feet in width.