Chapter 5 - Bulk Regulations for Mixed Buildings in Commercial Districts
The bulk regulations of this Chapter apply to any mixed building located on any zoning lot or portion of a zoning lot in any Commercial District in which such building is permitted. The bulk regulations of this Chapter shall also apply in any Commercial District where there are multiple buildings on a single zoning lot and such zoning lot contains a residential use and either a commercial use or a community facility use. 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.
Quality Housing Program
(a) 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 bulk regulations for Quality Housing buildings set forth in this Chapter, and the applicable provisions of Article II, Chapter 8 (Quality Housing Program). In C1 and C2 Districts mapped within R5D Districts, only those regulations of Article II, Chapter 8, as set forth in Section 28-01 (Applicability of this Chapter), shall apply.
(b) In C1 and C2 Districts mapped within R6 through R10 Districts without a letter suffix and in other Commercial Districts with a residential equivalent of an R6 through R10 District without a letter suffix, the bulk regulations applicable to Quality Housing buildings may, as an alternative, be applied under the same conditions set forth in Sections 23-011, 35-22 and 35-23, provided that:
(1) the entire building complies with the bulk regulations for Quality Housing buildings set forth in this Chapter; and
(2) the entire building complies with the applicable provisions of Article II, Chapter 8 (Quality Housing Program).
(c) In C1 through C6 Districts, special regulations are set forth for buildings containing long-term care facilities or philanthropic or non-profit institutions with sleeping accommodations in Section 35-012 (Special provisions for certain community facility uses).
(d) In Commercial Districts, for Quality Housing buildings in which at least 50 percent of the dwelling units are income-restricted housing units, or at least 50 percent of its total floor area is a long-term care facility or philanthropic or non-profit institution with sleeping accommodation, the applicable bulk regulations of this Chapter may be modified for zoning lots with irregular site conditions or site planning constraints by special permit of the Board of Standards and Appeals, pursuant to Section 73-623 (Bulk modifications for certain Quality Housing buildings on irregular sites).
The provisions of this Section shall apply to zoning lots with mixed 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 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 provisions of Section 74-903 (Certain community facility uses in R3 through 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 applicable bulk regulations of this Chapter shall apply to mixed buildings containing long-term care facilities. The maximum floor area ratio for such long-term care facilities shall be as set forth for certain community facility uses in paragraphs (d) and (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 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 provisions of 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 Article III, Chapter 3 and this Chapter shall apply to mixed buildings containing philanthropic or non-profit institutions with sleeping accommodations. In addition, the following special bulk provisions apply:
(1) Special floor area ratio provisions for the portion of a mixed building that contains a philanthropic or non-profit institution with sleeping accommodations are set forth in paragraph (b) of Section 33-012 (Special provisions for certain community facility uses).
(2) For buildings in C1 or C2 Districts mapped within R6 and R7-1 Districts, except for R6A and R6B Districts, containing both residential uses and philanthropic or non-profit institutions with sleeping accommodations, the provisions of Section 35-311 (Maximum floor area and special provisions for mixed buildings or zoning lots with multiple buildings containing community facility use in certain districts) shall not apply. In lieu thereof, the provisions of Section 35-31 (Maximum Floor Area Ratio) shall apply.
(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 (Height and Setback Requirements for Quality Housing Buildings), 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).
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 alternation would create a non-compliance with the applicable bulk regulations are subject to the regulations set forth in Article V, Chapter 4.
Special regulations applying in certain areas are set forth in Article VI, inclusive.
Special permits that may be granted by the Board of Standards and Appeals are set forth in Article VII, Chapter 3. Special permits and authorizations that may be granted by the City Planning Commission are set forth in Article VII, Chapters 4 and 5, respectively.
Special regulations applying to large-scale residential developments or large-scale community facility developments are set forth in Article VII, Chapters 8 or 9, respectively. Special regulations applying to large-scale general developments are set forth in Section 74-74.
Any development or enlargement that occurs on or over a railroad right-of-way, or the inclusion of a railroad right-of-way in the lot area of a zoning lot less than one and a half acres, and that is not accessory to such railroad right-of-way, shall be certified by the Chairperson of the City Planning Commission pursuant to Section 75-41. In addition, the development or enlargement of a building on a zoning lot greater than one and a half acres that includes a railroad right-of-way or former railroad right-of-way, where such building is not accessory to a railroad right-of-way#, may be permitted by the Commission pursuant to Section 74-61.
Special regulations applying only in Special Purpose Districts are set forth in Articles VIII, IX, X, XI, XII, XIII and XIV.
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.
Special rules governing optional bulk regulations affecting one or more bulk parameters are set forth in Section 35-70 (ALTERNATIVE BULK REGULATIONS FOR CERTAIN AREAS), inclusive.
These optional bulk provisions include alternative rules for sky exposure plane buildings, as set forth in Section 35-71, inclusive. Where any of such optional provisions are utilized, all the other associated bulk provisions shall apply.
GENERAL PROVISIONS
Except as otherwise provided in this Chapter, the portions of a building used for residential use are subject to the bulk regulations set forth in Article II, Chapter 3, and the portions of a building used for commercial or community facility use are subject to the bulk regulations set forth in Article III, Chapter 3.
Special provisions applying to mixed buildings or zoning lots with multiple buildings subject to the provisions of this Chapter are set forth in Sections 35-20 (APPLICABILITY OF RESIDENCE DISTRICT BULK REGULATIONS), inclusive, 35-30 (APPLICABILITY OF FLOOR AREA AND OPEN SPACE REGULATIONS), inclusive, 35-40 (APPLICABILITY OF DENSITY REGULATIONS), inclusive, 35-50 (MODIFICATION OF YARD REGULATIONS) and 35-60 (MODIFICATION OF HEIGHT AND SETBACK REGULATIONS),inclusive.
General Provisions
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In the districts indicated, the bulk regulations set forth in Article II, Chapter 3 shall apply to all residential portions of buildings in accordance with the provisions and modifications set forth in the remaining Sections of this Chapter. The purpose of these modifications is to make the regulations set forth in Article II, Chapter 3, applicable to Commercial Districts.
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In the districts indicated, the bulk regulations for the Residence Districts within which such Commercial Districts are mapped apply to residential portions of buildings, 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.
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In the districts indicated, the bulk regulations for residential portions of buildings are the bulk regulations for the residential equivalent of the Commercial District set forth in Section 34-112.
For the non-residential portion of mixed buildings or for commercial or community facility buildings on the same zoning lot as residences, the following regulations shall apply with regard to the applicability of certain bulk regulations from Article II, Chapter 3.
- Height and setback
- In Commercial Districts mapped within, or with a residential equivalent of an R6 through R12 District with a letter suffix, the height and setback regulations of Section 23-43 (Height and Setback Requirements in R6 Through R12 Districts), inclusive, shall be applied to all buildings in accordance with the applicable Residence District regulations, as modified by the provisions of Section 35-60 (MODIFICATION OF HEIGHT AND SETBACK REGULATIONS), inclusive.
- In all other Commercial Districts, the residential height and setback regulations may be applied as follows:
- the height and setback regulations of Section 23-42 (Height and Setback Requirements in R1 Through R5 Districts), inclusive, may be applied to Commercial Districts mapped within, or with a residential equivalent of, an R1 through R5 District, in accordance with the applicable Residence District regulations, as modified by the provisions of Section 35-60, inclusive;
- the height and setback regulations of Section 23-43 (Height and Setback Requirements in R6 Through R12 Districts), inclusive, may be applied to Commercial Districts mapped within, or with a residential equivalent of, an R6 through R12 District without a letter suffix, in accordance with the applicable Residence District regulations, as modified by the provisions of Section 35-60, inclusive.
- Other bulk regulations
Where the height and setback regulations of Article II, Chapter 3 are applied, the following residential bulk regulations may also be applied to the entire building:- the rear yard, rear yard equivalent and open area along side lot line requirements of Section 23-30, inclusive, applicable to a multiple dwelling residence; and
- for community facility uses with sleeping accommodations:
Any obstructions permitted within a specific open area pursuant to Section 23-30, inclusive, shall also be permitted.
Where a particular bulk regulation of Article II, Chapter 3 is applied, it shall supersede the applicable regulations of Article III, Chapter 5.
For the purposes of applying such bulk provisions, uses shall be considered residential, and the term dwelling unit shall include “dwelling units” and “rooming units”, as set forth in the Housing Maintenance Code.
Maximum Floor Area Ratio
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In the districts indicated, the provisions of this Section shall apply to any zoning lot subject to the provisions of this Chapter.
The maximum floor area ratio permitted for a commercial or community facility use shall be as set forth in Article III, Chapter 3, and the maximum floor area ratio permitted for a residential use shall be as set forth in Article II, Chapter 3, except as set forth in Section 35-30 (APPLICABILITY OF FLOOR AREA AND OPEN SPACE REGULATIONS), inclusive. The total of all such floor area ratios shall not exceed the greatest floor area ratio permitted for any such use on the zoning lot, except where explicitly stated otherwise. Special rules for certain areas are set forth in Section 35-36 (Special Floor Area Ratio and Related Bulk Provisions for Certain Areas).
Where floor area in a building is shared by multiple uses, the floor area for such shared portion shall be attributed to each use proportionately, based on the percentage each use occupies of the total floor area of the zoning lot less any shared floor area.
A non-residential use occupying a portion of a building that was in existence on December 15, 1961, may be changed to a residential use and the regulations on maximum floor area ratio shall not apply to such change of use.
On qualifying residential sites, subject to the individual maximum floor area ratios for commercial, community facility and residential uses, the maximum floor area ratio for a zoning lot with buildings containing residential and non-residential uses, shall be as set forth in this Section.
Within the Greater Transit Zone, the maximum floor area ratio shall be 2.50.
Outside the Greater Transit Zone, the maximum floor area ratio shall be as set forth for the applicable Residence District the Commercial District is mapped within, or the residential equivalent of such Commercial District.
MAXIMUM FLOOR AREA RATIO FOR MIXED BUILDINGS
OUTSIDE THE GREATER TRANSIT ZONE
District | Maximum floor area ratio for zoning lot |
R1 R2 R3-1 R3A R3X | 1.50 |
R3-2 | 1.60 |
R4 | 2.00 |
R5 | 2.50 |
C1 C2
In C1 and C2 Districts mapped within R6 Districts without a letter suffix, and in R7-1 Districts, the provisions of this Section shall apply to any zoning lot where residential and community facility uses are located within the same building. However, this Section shall not apply to buildings containing residences and philanthropic or non-profit residences with sleeping accommodations.
(a) For buildings containing residential and community facility uses, where such buildings have a ratio of floor area in such building to lot area greater than set forth in Column A in the following table, the maximum such ratio for the community facility portions of such buildings shall be as set forth in Column B in the table, and the maximum such ratio for the residential portions of such buildings shall be as set forth in Article II, Chapter 3, subject to the limitations set forth in paragraph (d) of this Section.
COLUMN A |
COLUMN B |
|
District |
Maximum Ratio of Floor Area in Building to Lot Area |
Maximum Ratio of Floor Area in community facility use to Lot Area |
C1 or C2 mapped in R6 |
2.5 |
1.0 |
C1 or C2 mapped in R7-1 |
3.5 |
1.0 |
(b) For buildings containing residential and community facility uses, where such buildings have a ratio of floor area in such building to lot area that do not exceed the applicable ratio set forth in Column A in the table in paragraph (a) of this Section, the maximum floor area ratio for the community facility portion of such buildings shall be as set forth in Article III, Chapter 3, and the maximum floor area ratio for the residential portions of such buildings shall be as set forth in Article II, Chapter 3, subject to the limitations set forth in paragraph (d) of this Section.
(c) For zoning lots containing multiple buildings, the provisions of this paragraph, (c), shall apply to any building that does not contain both community facility and residential uses. The maximum floor area ratio permitted for the commercial or community facility portions of such buildings shall be as set forth in Article III, Chapter 3, and the maximum floor area ratio permitted for the residential portions of such buildings shall be as set forth in Article II, Chapter 3, subject to the limitations set forth in paragraph (d).
(d) The total floor area ratio permitted for commercial or community facility use on the zoning lot shall be as set forth in Article III, Chapter 3, and the total floor area ratio permitted for residential use on the zoning lot shall be as set forth in Article II, Chapter 3, provided the total of all such floor area ratios does not exceed the greatest floor area ratio permitted for any such use on the zoning lot.
For the purposes of this Section, a building segment may be considered to be a building.
(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 area
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 amenity
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).
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In the districts indicated, and in C1 and C2 Districts mapped within R9 through R12 Districts, floor area bonus provisions for public plazas and arcades shall apply as set forth in this Section. Any floor area bonus for a public plaza or arcade permitted under the applicable district regulations for any residential, commercial or community facility portion of a building may be applied, provided that any given public plaza or arcade shall be counted only once in determining a bonus.
C1-8A C1-8X C1-9A C2-7A C2-7X C2-8A C4-6A C4-7A C4-11A C5-1A C5-2A C6-2A C6-3A C6-3X C6-4A
- Prohibition of public plaza and arcade bonuses
In the districts indicated, and in C1 or C2 Districts mapped within R9A, R9X, R10A, R10X or R11A Districts, no floor area bonuses shall be permitted for public plazas or arcades.
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- In the districts indicated, and in other C1 or C2 Districts when mapped within R9 through R12 Districts, the bonus provisions of Section 33-13 shall apply only to a development or enlargement with 25 percent or less of the total floor area of the building in residential use.
C4-6 C4-7 C4-8 C4-9 C4-11 C4-12 C5-1 C5-2 C5-4 C6-4 C6-5 C6-8 C6-11
- In the districts indicated, except C6-4X Districts, if more than 50 percent of the floor area on the zoning lot is occupied by residential uses, then for each square foot of public plaza provided in accordance with 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.
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- In the districts indicated, if 50 percent or less of the floor area on the zoning lot is occupied by residential uses, then the provisions of Sections 33-13 and 33-14 shall apply.
C5-3 C5-5 C6-1 C6-2 C6-3 C6-6 C6-7 C6-9 C6-12
- In the districts indicated, the provisions of Sections 33-13 and 33-14 shall apply.
C6-4X
- In the district indicated, if all dwelling units in the building are located above a height of 60 feet above the base plane, then the bonus provisions of Section 33-13 shall apply.
Arcades
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(a) In the districts indicated, or in C1 or C2 Districts mapped within R9 through R12 Districts, the provisions of Section 33-14 shall apply only to a development or enlargement with 25 percent or less of the total floor area of the building in residential use.
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(b) In the districts indicated, the provisions of Section 33-14 (Floor Area Bonus for Arcades) shall apply.
Special tower provisions
In C1 or C2 Districts mapped within R9 and R10 Districts, or in Commercial Districts with a residential equivalent of an R9 or R10 District, for zoning lots containing a building that is developed or enlarged pursuant to the applicable tower regulations of paragraph (c) of Section 35-632, the provisions of Section 23-241 (Special tower provisions) shall apply:
(a) to only the residential portion of a building where less than 75 percent of the total floor area of such building is allocated to residential use; and
(b) to the entire building where 75 percent or more of the total floor area of such building is allocated to residential use.
Borough of the Bronx
In C6-3 Districts without a letter suffix in Mandatory Inclusionary Housing Program Area 4, as of February 14, 2018, in Community District 1, in the Borough of the Bronx, for zoning lots containing qualifying affordable housing or qualifying senior housing, the floor area ratio shall be that for an R9-1 District set forth in Section 23-22 (Floor Area Regulations for R6 Through R12 Districts).
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In the districts indicated, the maximum number of dwelling units on a zoning lot shall equal the maximum residential floor area permitted for the zoning lot determined in accordance with the provisions set forth in Section 35-30 (APPLICABILITY OF FLOOR AREA AND OPEN SPACE REGULATIONS) divided by the applicable factor in Section 23-50 (DENSITY REGULATIONS), inclusive. For the purposes of such calculation, the maximum residential floor area permitted on the zoning lot shall equal the applicable total floor area permitted on the zoning lot, minus the amount of non-residential floor area and floor area allocated to qualifying senior housing.
Illustrative Examples
The following examples, although not part of the Zoning Resolution, are included to demonstrate the application of density regulations to mixed buildings.
For a mixed building in a predominantly built-up area of a C1 District mapped within an R5 District, the maximum permitted commercial floor area ratio (FAR) is 1.0, the maximum permitted community facility FAR is 2.0 and the maximum permitted residential FAR is 1.65, provided the total FAR for all uses on the zoning lot does not exceed 2.0, pursuant to Section 35-30. On a 10,000 square foot zoning lot developed with 1.0 FAR of commercial use and 0.2 FAR of community facility use, the maximum residential floor area ratio permitted for such mixed building is 0.8. The maximum number of dwelling units permitted on the zoning lot is 9 (10,000 x 0.8 divided by a factor of 900, pursuant to Section 23-22).
For a mixed building where the residential portion is developed pursuant to the optional Quality Housing Program on a wide street in a C2 District mapped within an R7-1 District outside the Manhattan Core, the maximum permitted commercial FAR is 2.0, the maximum permitted community facility FAR is 4.8 (or 1.0 if the total FAR of the mixed building exceeds 3.5), and the maximum permitted residential FAR is 4.0, provided the total FAR for all uses on the zoning lot does not exceed 4.8, pursuant to Section 35-30. On a 15,000 square foot zoning lot developed with 1.0 FAR of commercial use and 1.0 FAR of community facility use, the maximum residential floor area ratio permitted for such mixed building is 2.8. The maximum number of dwelling units permitted on the zoning lot is 62 (15,000 x 2.8 divided by a factor of 680, pursuant to Section 23-22).
For a mixed building in a C4-6 District developed with a public plaza where less than 50 percent of the floor area on the zoning lot is occupied by residential uses, the maximum permitted commercial FAR is 4.08 (3.4 plus a 20 percent increase for a public plaza), the maximum permitted community facility FAR is 12.0 (10.0 plus a 20 percent increase for a public plaza), and the maximum permitted residential FAR is 10.0, provided the total FAR for all uses on the zoning lot does not exceed 12.0, pursuant to Section 35-30. On a 20,000 square foot zoning lot developed with 7.0 FAR of community facility use and no commercial use, the maximum residential floor area ratio permitted on such zoning lot is 5.0. The maximum number of dwelling units permitted on the zoning lot is 147 (20,000 x 5 divided by a factor of 680, pursuant to Section 23-22).
In mixed buildings with differing yard or rear yard equivalent requirements for different uses, the applicable residential yard and rear yard equivalent regulations shall apply at the lowest story containing dwelling units with windows facing onto such residential yard or rear yard equivalent, as applicable.
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In the districts indicated, no front yard shall be required.
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In the districts indicated, no side yard shall be required. 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.
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In the districts indicated, for a residential portion of a mixed building, the required residential rear yard shall be provided at the floor level of the lowest story used for dwelling units or rooming units, where any window of such dwelling units or rooming units faces onto such rear yard. If the level of such yard is at or higher than the first story, decks, parapet walls, roof thickness, solar energy systems up to four feet high, vegetated roofs, and weirs, shall be permitted, pursuant to Section 23-41 (Permitted Obstructions), inclusive.
Height and setback regulations are set forth in Section 35-62 for Commercial Districts mapped within, or with a residential equivalent of, an R1 through R5 District and Section 35-63 inclusive, for Commercial Districts mapped within or with a R6 through R12 District. Special regulations governing certain areas are set forth in Section 35-64, inclusive. Permitted obstructions to maximum heights are set forth in Section 35-61.
Permitted Obstructions
In Commercial Districts mapped within, or with a residential equivalent of an R1 through R5 district, for the purposes of applying the provisions of Section 23-42 (Height and Setback Requirements in R1 Through R5 Districts), inclusive, to qualifying residential sites, the applicable Residence District regulations shall apply, including as modified by the provisions of Section 35-22.
However, for the purposes of applying the provisions of Section 23-423 (Standard setback regulations), for building street walls fronting a street where a Commercial District is mapped along the entire block frontage, for the portion of such street wall that exceeds the maximum base height, a setback shall be provided at a height not lower than a minimum base height of 20 feet and not higher than the maximum base height set forth in Section 23-424 (Height and setback requirements for qualifying residential sites).
Additional height and setback provisions are set forth in Section 35-64, inclusive.
The height of all buildings or other structures shall be measured from the base plane. For the purposes of this Section, where base planes of different elevations apply to different portions of a building or other structure, each such portion of the building may be considered to be a separate building.
C1 C2 C4 C5 C6
In Commercial Districts mapped within, or with a residential equivalent of R6 through R12 Districts, the street wall location of a building shall be as set forth in Section 35-631, and the height and setback provisions shall be as set forth in Section 35-632. Additional height and setback provisions are set forth in Section 35-633 and Section 35-64, inclusive.
The height of all buildings or other structures shall be measured from the base plane. For the purposes of this Section, where base planes of different elevations apply to different portions of a building or other structure, each such portion of the building may be considered to be a separate building.
Street wall location
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In the districts indicated, the applicable street wall location provisions of this Section shall apply. Such provisions shall apply to the portion of a street wall located below the maximum base height and before the required setback as set forth in Section 23-432 (Height and setback requirements).
- Line-up rules
For Commercial Districts mapped within, or with a residential equivalent of, R8 through R12 Districts, when located within the Manhattan Core, the following street wall location provisions shall apply along wide streets:- The street wall shall be located on the street line and extend along the entire street frontage of the zoning lot up to at least the minimum base height specified in Section 23-432, or the height of the building, whichever is less. To allow articulation of street walls at the intersection of two street lines, the street wall may be located anywhere within an area bounded by the two street lines and a line connecting such street lines at points 15 feet from their intersection or, for corner lots with an angle of 75 degrees or less, at points 30 feet from their intersection.
- Above a height of 15 feet above the base plane, or the height of the first story, whichever is lower, up to 30 percent of the aggregate width of street walls may be recessed beyond the street line, provided any such recesses deeper than 10 feet along a wide street, or 15 feet along a narrow street, are located within an outer court. Furthermore, no recesses shall be permitted within 30 feet of the intersection of two street lines except to articulate the street walls as set forth in paragraph (a)(1) of this Section.
However, where the street walls surrounding the subject building are located on a block with a prevailing street wall frontage that is located further from the street line than the applicable provisions of this paragraph, the line-up provisions of paragraph (a) of Section 23-431 may be applied.
- Percentage-based rules
For all buildings that are not subject to the provisions of paragraph (a) of this Section the following shall apply:
At least 70 percent of the aggregate width of street walls shall be located within eight feet of the street line and shall extend to at least the minimum base height specified in Sections 23-432, or the height of the building, whichever is less. Up to 30 percent of the aggregate width of street walls may be recessed beyond eight feet of the street line, provided that any such recesses deeper than 10 feet along a wide street or 15 feet along a narrow street are located within an outer court.
However, where the street walls surrounding the subject building are located on a block with a prevailing street wall frontage that is located further from the street line than the applicable provisions of this paragraph, the line-up provisions of paragraph (a) of Section 23-431 may be applied. - Modifications for large zoning lots
Notwithstanding the provisions of paragraphs (a) or (b) of this Section, for street walls on buildings on a zoning lot that has a lot area of at least 40,000 square feet or occupies an entire block, at least 70 percent of the aggregate width of street walls shall be located within 15 feet of the street line and extend to at least the minimum base height specified in Section 23-432, or the height of the building, whichever is less. - Articulation allowances
In all districts, and along all frontages, street wall articulation, including, but not limited to, window recesses and structural expression on the building facade, shall be permitted to project or recess beyond the street wall locations established in paragraphs (a), (b) or (c) of this Section, provided such articulation does not exceed a depth or projection of 12 inches. In addition, to accommodate other forms of street wall articulation, such as bay windows, and facade recesses, up to 50 percent of the aggregate width of street wall, at any level, may recess or project beyond such street wall location provisions of this Section, provided that no such recess or projection exceeds a depth of three feet, as measured perpendicular to the street wall, or portion thereof. No projection shall extend beyond the street line, except where encroachments into the public right-of-way are permitted by the New York City Administrative Code.
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In the districts indicated, where mapped within, or with a residential equivalent of an R6 through R12 district, the height and setback regulations of Section 23-43 (Height and Setback Requirements in R6 Through R12 Districts), inclusive, shall be applied in accordance with the provisions set forth in this Section.
- Height and setback requirements
The minimum base height, maximum base height and maximum building height shall be as set forth in the table in Section 23-432 for the applicable Residence District. Separate maximum base heights and maximum building heights are set forth for zoning lots containing standard residences and zoning lots containing qualifying affordable housing or qualifying senior housing. For portions of a building street wall that exceed the maximum base height, a setback shall be provided at a height not lower than the minimum base height or higher than the maximum base height, in accordance with Section 23-433. - Height and setback modifications on eligible sites
In Commercial Districts mapped within, or with a residential equivalent of R6 through R12 without a letter suffix, for zoning lots meeting the criteria of paragraph (a) of Section 23-434, the maximum building heights may be increased in accordance with the table in Section 23-434 for the applicable Residence District. - Tower regulations
In Commercial Districts mapped within, or with a residential equivalent of R9 through R12 Districts, other than R9A, R9X, R10A or R11A Districts, as an alternative to the maximum building heights set forth in Sections 23-432, towers shall be permitted pursuant to the provisions of Section 23-435.
The additional height and setback regulations set forth in Section 23-436 shall apply, except as follows:
- for the purposes of applying such provisions, references to the street wall location provisions of Section 23-431 shall be superseded by those of Section 35-631; and
- for the purposes of applying the street wall modifications on corner lots, where a zoning lot is bounded by only one street line along a street frontage where a Commercial District is mapped along the entire block frontage, the street wall shall be applied along such frontage.
Special tower provisions
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The tower provisions of Section 23-435 shall be modified in certain areas, as follows:
- In Commercial Districts mapped within, or with a residential equivalent of, an R9D or R10X District, the provisions of paragraph (a) of Section 23-441 shall apply.
- In C1 or C2 Districts mapped within R9 or R10 Districts without a letter suffix, or in C1-8, C1-9, C2-7 or C2-8 Districts, for mixed buildings that meet the criteria of paragraph (b) of Section 23-441, the tower-on-a-base provisions of such paragraph shall apply.
- Borough of Manhattan
- Community District 6
In Community District 6 in the Borough of Manhattan, for buildings developed or enlarged with towers in Commercial Districts mapped within R10 Districts located east of First Avenue and north of East 51st Street, the provisions of paragraph (b) of Section 35-641 (Special tower provisions) shall be modified to require that the additional tower regulations of paragraph (b) of Section 23-441 apply to all buildings where more than 25 percent of the total floor area of the building is allocated to residential uses, irrespective of whether the building has wide street or narrow street frontage. Such provisions shall be modified in accordance with the provisions of paragraph (a)(2) of Section 23-442 (Special provisions for certain community districts).
- Community District 6
- Borough of Brooklyn
- Community Districts 8 and 9
For the purposes of applying the street wall location as well as the height and setback provisions of Sections 35-631 and 35-632, respectively, where the Administrative Code establishes restrictions on the location of buildings on lots fronting upon and within 30 feet of Eastern Parkway in Community Districts 8 and 9 in the Borough of Brooklyn, lines drawn 30 feet north of and 30 feet south of, and parallel to, Eastern Parkway shall be considered the northern and southern street lines of Eastern Parkway. - Community Districts 3, 5, and 16
For C4-4L Districts mapped within Community Districts 3, 5, and 16 in the Borough of Brooklyn with frontage along an elevated rail line, a sidewalk widening of 5 feet shall be provided.
- Community Districts 8 and 9
- Borough of the Bronx
- Community District 1
In C6-3 Districts without a letter suffix in Mandatory Inclusionary Housing Program Area 4, as of February 14, 2018, in Community District 1, in the Borough of the Bronx, for an MIH development that is also an MIH site or for a development containing no residences other than affordable independent residences for seniors, the applicable residential equivalent for the purposes of applying the height and setback provisions of Section 23-43, inclusive, shall be the eligible site provisions applicable to an R9-1 District.
- Community District 1
- Special provisions for zoning lots with transportation-infrastructure-adjacent frontage
For zoning lots or portions thereof within 100 feet of a street line along a transportation-infrastructure-adjacent frontage, the following shall apply:- the street wall location provisions of paragraph (b) of Section 35-631 shall apply except that such street wall need not extend to the minimum base height set forth in Section 35-632. In lieu thereof, the street wall shall extend to a minimum base height of one story or 15 feet, whichever is lower; and
- for buildings containing multiple dwelling residences that are not otherwise eligible for additional height pursuant to paragraph (c) of Section 35-632, the applicable maximum building heights may be increased by 10 feet in Commercial Districts mapped within, or with a residential equivalent of, R1 through R6 Districts, and by 20 feet in Commercial Districts mapped within, or with a residential equivalent, of R7 through R12 Districts.
Applicability
The optional provisions for sky exposure plane buildings set forth in Section 23-73, inclusive, may be applied to zoning lots in Commercial Districts mapped within, or with a residential equivalent of, R6 through R10 Districts without a letter suffix, except that such alternative provisions shall not apply to zoning lots:
- in Commercial Districts mapped within, or with a residential equivalent of, R6-1, R6-2, R7-3 and R9-1 Districts;
- in Commercial Districts mapped within, or with a residential equivalent of, R8 Districts without a letter suffix in the portion of Community District 9 in the Borough of Manhattan located north of West 125th Street;
- located in the Limited Height Districts; or
- in C4-2 Districts in the Borough of Staten Island.
For sky exposure plane buildings in Commercial Districts mapped within, or with a residential equivalent of an R6 through R9 District without a letter suffix, the applicable floor area ratio and open space ratio provisions of Section 23-732 (Floor Area and Open Space Ratios in R6 through R9 Districts) shall be modified by the provisions of this Section.
- Open space ratio for residential portions of buildings
For zoning lots containing a residential building or for the residential portion of a mixed building, a minimum open space ratio shall be provided in accordance with Section 23-732. For the purposes of applying such regulations:- the floor area counted in determining the open space ratio shall be only that floor area in the residential portion of the building;
- the lot coverage shall be deemed to be that portion of the zoning lot which, when viewed directly from above, would be covered by the residential portion of the building at any level; and
- the applicable height factor, if the maximum permitted residential floor area ratio is less than the total floor area ratio permitted for such building, shall be the height factor of the residential portion of the building.
A non-residential use occupying a portion of a building that was in existence on December 15, 1961, may be changed to a residential use and the regulations on minimum required open space ratio shall not apply to such change of use.
- Location of open space
The open space required for a residential building or for the residential portion of a mixed building under the provisions of paragraph (a) of this Section may be provided at ground floor level or upon the roof of building. Open space on a roof may be located at a level higher than 23 feet above curb level on:- the non-residential portion of a mixed building;
- a commercial building; or
- a community facility building that abuts such residential building or residential portion of a mixed building;
provided that the level of any open space may not be higher than 2 feet, 6 inches below the sill level of any legally required window opening on such roof area, in the residential portion of a mixed building. However, open space located on the roof of a community facility building separated by open area from residential or mixed buildings on the same zoning lot may not be at a level higher than 23 feet above curb level.
In C1 or C2 Districts mapped within R9 and R10 Districts, or in Commercial Districts with a residential equivalent of an R9 or R10 District, for zoning lots containing a building that is developed or enlarged pursuant to the applicable tower regulations of Section 35-715, the floor area provisions of Section 35-362 (Special tower provisions) shall apply.
In Commercial Districts that are mapped within, or have a residential equivalent of an R6 through R10 District without a letter suffix, for sky exposure plane buildings, the height and setback regulations set forth in Section 23-736 shall be modified as follows:
- the sky exposure plane may be measured from a point above the street line instead of the front yard line. The maximum height of a front wall within the initial setback distance shall be the maximum height for front walls permitted in the applicable district for a residential, commercial, or community facility building, whichever permits the greatest maximum height;
- in C1-8, C1-9, C2-7 or C2-8 Districts or in C1 or C2 Districts mapped within R9 or R10 Districts, the provisions of paragraph (b) of Section 23-736 (Special height and setback regulations for sky exposure plane buildings) shall not apply to any development or enlargement with more than 25 percent of its total floor area occupied by residential use;
- in Commercial Districts mapped within, or with a residential equivalent of, an R9 or R10 District, towers may penetrate a sky exposure plane pursuant to Section 35-715 (Tower regulations).
- Notwithstanding the foregoing, in C1 or C2 Districts mapped within, or with a residential equivalent of an R7-2, R8, R9 or R10 Districts, the provisions of Section 23-738 (Height limitations for narrow buildings or enlargements) shall apply to buildings with street walls less than 45 feet in width. However, the street wall location provisions of paragraph (e)(4) of such Section need not apply.
Tower regulations
In C1-8, C1-9, C2-7 or C2-8 Districts or in C1 or C2 Districts mapped within R9 or R10 Districts, for buildings that do not meet the criteria set forth in paragraphs (b)(1) and (b)(2) of Section 23-441 (Special tower provisions), and in other Commercial Districts mapped within, or with a residential equivalent of R9 or R10 Districts, when a mixed building is subject to tower regulations, the following shall apply: