ToC

Chapter 3 - Residential Bulk Regulations in Residence Districts

The City of New York
Bill de Blasio, Mayor
City Planning Commission
Marisa Lago, Chair

The bulk regulations of this Chapter apply to any zoning lot or portion of a zoning lot located in any Residence District which contains any residential building or other structure, or to the residential portion of a building or other structure used for both residential and community facility uses. The bulk regulations of Article II, Chapter 4, shall apply to any zoning lot or portion of a zoning lot containing a community facility building or to the community facility portion of a building used for both residential and community facility uses, except as set forth in Section 24-012 (Exceptions to the bulk regulations of this Chapter). In addition, the bulk regulations of this Chapter, or of specified Sections thereof, also apply in other provisions of this Resolution where they are incorporated by cross reference.

Existing buildings or other structures that do not comply with one or more of the applicable bulk regulations are non-complying buildings or other structures and are subject to the regulations set forth in Article V, Chapter 4.

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

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

In Manhattan Community Districts 1, 2, 3, 4, 5 and 6, Brooklyn Community Districts 1, 2, 6 and 8, and Queens Community Districts 1 and 2, the conversion of non-residential floor area to residences in buildings erected prior to December 15, 1961, or January 1, 1977, as applicable, 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).

Special regulations applying in the waterfront area are set forth in Article VI, Chapter 2.

Special regulations applying in the flood zone are set forth in Article VI, Chapter 4.

R5D R6A R6B R7A R7B R7D R7X R8A R8B R8X R9A R9D R9X R10A R10X

 

(a)        In R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X, R10A or R10X Districts, any building or other structure shall comply with the bulk regulations for Quality Housing buildings set forth in this Chapter and any building containing residences shall also comply with the requirements of Article II, Chapter 8 (Quality Housing Program). However, the provisions of Article II, Chapter 8, shall not apply to buildings converted pursuant to Article I, Chapter 5.

In R5D Districts, only certain requirements of Article II, Chapter 8, shall apply as set forth in Section 28-01 (Applicability of This Chapter).

R6 R7 R8 R9 R10

(b)        In the districts indicated without a letter suffix, the bulk regulations applicable to Quality Housing buildings may, as an alternative, be applied to zoning lots where buildings are developed or enlarged pursuant to all of the requirements of the Quality Housing Program. Such buildings may be subsequently enlarged only pursuant to the Quality Housing Program. In these districts, the Quality Housing bulk regulations may apply to developments or enlargements on zoning lots with existing buildings to remain, if:

(1)        the existing buildings contain no residences and the entire zoning lot will comply with the floor area ratio and density standards applicable to Quality Housing buildings ; or

(2)        the existing buildings contain residences, and:

 

(i)        such buildings comply with the maximum base heights and maximum building heights listed in the tables in Section 23-662 for the applicable district, and the entire zoning lot will comply with the floor area ratio and lot coverage standards applicable to Quality Housing buildings ; or

 

(ii)        for developments or enlargements on zoning lots meeting the criteria set forth in paragraph (a) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors):

 

(a)        the entire zoning lot will comply with the floor area ratio set forth in Sections 23-154 (Inclusionary Housing) or 23-155 (Affordable independent residences for seniors), as applicable;

 

(b)        the entire zoning lot will comply with the lot coverage regulations for the applicable zoning district set forth in Section 23-153 (For Quality Housing buildings); and the development or enlargement :

 

(1)        will comply with the maximum base height and maximum building height of the applicable zoning district set forth in Table 1 of paragraph (b) of Section 23-664;

 

(2)        in R6, R7, R8 and R9-1 Districts, where the zoning lot meets the criteria set forth in paragraph (a)(3) of Section 23-664, will comply with the maximum base height and maximum building height of the applicable zoning district set forth in Table 2 of paragraph (c) of Section 23-664; or

 

(3)        in R6, R7, R8 and R9-1 Districts, where the zoning lot meets the criteria set forth in paragraph (a)(4) of Section 23-664 and is located within 150 feet of the types of transportation infrastructure listed in paragraphs (c)(2)(i) through (c)(2)(iv) of Section 23-664, will comply with the maximum base height and maximum building height of the applicable zoning district set forth in Table 2 of paragraph (c) of Section 23-664. Such 150-foot measurement shall be measured perpendicular to the edge of such infrastructure.

 

All Quality Housing buildings shall also comply with additional provisions set forth in Article II, Chapter 8.

 

R6 R7 R8 R9 R10

(c)        In the districts indicated without a letter suffix, the optional Quality Housing bulk regulations permitted as an alternative pursuant to paragraph (b) of this Section, shall not apply to:

(1)        Article VII, Chapter 8 (Special Regulations applying to Large Scale Residential Developments);

(2)        Special Purpose Districts

However, such optional Quality Housing bulk regulations are permitted as an alternative to apply in the following Special Purpose Districts:

Special 125th Street District ;

Special Bay Street Corridor District ;

Special Downtown Brooklyn District ;

Special Downtown Far Rockaway District ;

Special Downtown Jamaica District ;

Special East Harlem Corridors District ;

Special Grand Concourse Preservation District ;

Special Harlem River Waterfront District ;

Special Inwood District ;

Special Limited Commercial District ;

Special Long Island City Mixed Use District ;

Special Lower Manhattan District, as modified in Section 91-05;

Special Ocean Parkway District ;

Special Transit Land Use District ; or

Special Tribeca Mixed Use District.

R6 R7 R8 R9 R10

(d)        In the districts indicated, 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 the 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).

R6 R7 R8 R9 R10

 

(e)        In the districts indicated, where a Special Purpose District modifies the bulk regulations for Quality Housing buildings set forth in this Chapter, the additional provisions for Quality Housing buildings set forth in Article II, Chapter 8 shall continue to apply. In addition, where any Special Purpose District that requires elements of Article II, Chapter 8 to apply to non-Quality Housing buildings, all associated floor area exemptions shall apply.

 

For areas designated as lower density growth management areas pursuant to Section 12-10 (DEFINITIONS), the underlying district regulations shall apply. Such regulations are superseded or supplemented as set forth in the following Sections:

Section 11-45          (Authorizations or Permits in Lower Density Growth Management Areas)

Section 12-10          (DEFINITIONS — Floor area; Lower density growth management area; Private road)

Section 22-14          (Use Group 4 — Ambulatory diagnostic or treatment health care facilities)

Section 23-12          (Permitted Obstructions in Open Space)

Section 23-14          (Open Space and Floor Area Regulations in R1 Through R5 Districts)

Section 23-32          (Minimum Lot Area or Lot Width for Residences)

Section 23-33          (Special Provisions for Development of Existing Small Lots)

Section 23-35          (Special Provisions for Zoning Lots Containing Certain Community Facility Uses in Lower Density Growth Management Areas)

Section 23-44          (Permitted Obstructions in Required Yards or Rear Yard Equivalents)

Section 23-462         (Side yards for all other buildings containing residences)

Section 23-532         (Required rear yard equivalents)

Section 23-63          (Height and Setback Requirements in R1 Through R5 Districts)

Section 23-711         (Standard minimum distance between buildings)

Section 23-881         (Minimum distance between lot lines and building walls in lower density growth management areas)

Section 24-012         (Exceptions to the bulk regulations of this Chapter)

Section 24-04          (Modification of Bulk Regulations in Certain Districts)

Section 25-028         (Applicability of regulations to certain community facility uses in lower density growth management areas)

Section 25-22          (Requirements Where Individual Parking Facilities Are Provided)

Section 25-23          (Requirements Where Group Parking Facilities Are Provided)

Section 25-31          (General Provisions)

Section 25-331         (Exceptions to application of waiver provisions)

Section 25-62          (Size and Location of Spaces)

Section 25-621         (Location of parking spaces in certain districts)

Section 25-622         (Location of parking spaces in lower density growth management areas)

Section 25-624         (Special parking regulations for certain community facility uses in lower density growth management areas)

Section 25-631         (Location and width of curb cuts in certain districts)

Section 25-632         (Driveway and curb cut regulations in lower density growth management areas)

Section 25-64          (Restrictions on Use of Open Space for Parking)

Section 25-66          (Screening)

Section 26-00          (APPLICABILITY OF THIS CHAPTER)

Section 26-30          (SPECIAL REQUIREMENTS FOR LOTS WITH PRIVATE ROADS IN LOWER DENSITY GROWTH MANAGEMENT AREAS), inclusive

Section 32-11          (Use Groups 1 and 2)

Section 32-433         (Ground floor use in C1, C2 and C4 Districts in the Borough of Staten Island)

Section 37-10          (APPLICABILITY OF ARTICLE II, CHAPTER 6, TO LOTS WITH PRIVATE ROADS)

Section 37-20          (SPECIAL REGULATIONS FOR LOWER DENSITY GROWTH MANAGEMENT AREAS IN THE BOROUGH OF STATEN ISLAND), inclusive

Section 54-313         (Single- or two-family residences with non-complying front yards or side yards)

Section 105-702        (Applicability of lower density growth management area regulations)

Section 107-412        (Special bulk regulations for certain community facility uses in lower growth management areas)

Section 107-42         (Minimum Lot Area and Lot Width for Residences)

Section 107-421        (Minimum lot area and lot width for zoning lots containing certain community facility uses)

Section 107-464        (Side yards for permitted non-residential use)

Section 107-62         (Yard, Court and Parking Regulations)

Section 119-05         (Applicability of Parking Location Regulations)

Section 119-214        (Tier II requirements for driveways and private roads)

Section 128-051        (Applicability of Article I, Chapter 2)

23-013

Harassment

Within the Greenpoint-Williamsburg anti-harassment areas in Community District 1, Borough of Brooklyn, as shown in the diagrams in this Section, the provisions of paragraphs (a) through (d), inclusive, of Section 93-90 (Harassment) shall apply as modified in this Section.

For the purposes of this Section, the following definitions in Section 93-90, paragraph (a), shall be modified:

Anti-harassment area

“Anti-harassment area” shall mean the Greenpoint-Williamsburg anti-harassment areas as shown in the diagrams:

Zoning Resolutions 23-013.0

(23-013.1)

Zoning Resolutions 23-013.1

(23-013.2)

Greenpoint-Williamsburg Anti-Harassment Areas

Referral date

“Referral date” shall mean October 4, 2004.

In addition, Section 93-90, paragraph (d)(3), is modified as follows:

No portion of the low income housing required under this Section shall qualify to:

(i)        increase the floor area ratio pursuant to the provisions of Sections 23-90 or 62-352 (Inclusionary Housing); or

(ii)        increase the maximum height of a building or the height above which the gross area per residential story of a building is limited pursuant to the provisions of Section 62-354 (Special height and setback regulations), paragraphs (b)(2) and (d); or

(iii)        satisfy an eligibility requirement of any real property tax abatement or exemption program with respect to any multiple dwelling that does not contain such low income housing.

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

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the following shall provide street trees in accordance with Section 26-41 (Street Tree Planting):

(a)        developments, or enlargements that increase the floor area on a zoning lot by 20 percent or more. However, street trees shall not be required for enlargements of single- or two-family residences, except as provided in paragraphs (b) and (c) of this Section;

(b)        enlargements of single- or two-family residences by 20 percent or more within the following special purpose districts:

Special Bay Ridge District ;

Special Bay Street Corridor District ;

Special Clinton District ;

Special Downtown Brooklyn District ;

Special Downtown Far Rockaway District ;

Special Downtown Jamaica District ;

Special East Harlem Corridors District ;

Special Grand Concourse District ;

Special Hillsides Preservation District ;

Special Long Island City Mixed Use District ;

Special Ocean Parkway District ;

Special South Richmond Development District ;

(c)        enlargements, pursuant to the Quality Housing Program, of single- or two-family residences by 20 percent or more;

(d)        conversions of 20 percent or more of the floor area of a building to a residential use ; or

(e)        construction of a detached garage that is 400 square feet or greater.

R1 R2 R3 R4 R5

In the districts indicated, the following shall provide and maintain a planting strip in accordance with Section 26-42:

(a)        developments, or enlargements that increase the floor area on a zoning lot by 20 percent or more. However, planting strips shall not be required for enlargements of single- or two-family residences, except as provided in paragraph (b) of this Section;

(b)        enlargements of single- or two-family residences by 20 percent or more within the following special purpose districts:

Special Bay Ridge District ;

Special Downtown Jamaica District ;

Special Hillsides Preservation District ;

Special Ocean Parkway District ;

Special South Richmond Development District ;

(c)        conversions of 20 percent or more of the floor area of a building to a residential use ; or

(d)        construction of a detached garage that is 400 square feet or greater.

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the open space and floor area provisions for a building or other structure shall be as set forth in this Section, inclusive.

The regulations for permitted obstructions in required open space in all districts are set forth in Section 23-12. The regulations for balconies in all districts are set forth in Section 23-13.

Open space and floor area regulations applicable to R1 through R5 Districts are set forth in Section 23-14. Open space and floor area regulations applicable to R6 through R10 Districts are set forth in Section 23-15.

Special open space and floor area provisions are set forth in Section 23-16 (Special Floor Area and Lot Coverage Provisions for Certain Areas) for standard tower and tower-on-a-base buildings in R9 and R10 Districts, as well as for certain areas in Community District 7 and Community District 9 in the Borough of Manhattan, and Community District 12 in the Borough of Brooklyn. Additional provisions are set forth in Sections 23-17 (Existing Public Amenities for Which Floor Area Bonuses Have Been Received) and 23-18 (Special Provisions for Zoning Lots Divided by District Boundaries or Subject to Different Bulk Regulations).

23-11

Definitions

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

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In the districts indicated, the following obstructions shall be permitted in any open space required on a zoning lot :

(a)        Air conditioning condensation units, accessory, for single- or two-family residences, provided that such units, if located between a street wall, or prolongation thereof, and a street line, are not more than 18 inches from a street wall, and fully screened from the street by vegetation;

(b)        Awnings and other sun control devices. However, when located at a level higher than the first story, excluding a basement, all such devices:

(1)        shall be limited to a maximum projection from a building wall of 2 feet, 6 inches; and

(2)        shall have solid surfaces that, in aggregate, cover an area no more than 30 percent of the area of the building wall (as viewed in elevation) from which they project;

(c)        Balconies, unenclosed, subject to the provisions of Section 23-13;

(d)        Breezeways;

(e)        Driveways, private streets, open accessory off-street parking spaces, unenclosed accessory bicycle parking spaces or open accessory off-street loading berths, provided that the total area occupied by all these items does not exceed the percentages set forth in Section 25-64 (Restrictions on Use of Open Space for Parking);

(f)        Eaves, gutters or downspouts, projecting into such open space not more than 16 inches or 20 percent of the width of such open space, whichever is the lesser distance;

(g)        Exterior wall thickness, where such wall thickness is added to the exterior face of a building wall existing on April 30, 2012, provided the added wall thickness has a thermal resistance (R-value) of at least 1.5 per inch, and is limited to one inch of thickness for every foot of existing open space width, up to a maximum thickness of eight inches;

(h)        Parking spaces, off-street, enclosed, accessory, not to exceed one space per dwelling unit, when accessory to a single-family, two-family or three-family residence, provided that the total area occupied by a building used for such purposes does not exceed 20 percent of the total required open space on the zoning lot. However, two such spaces for a single-family residence may be permitted in lower density growth management areas and in R1-2A Districts;

(i)        Solar energy systems:

(1)        on the roof of an accessory building, limited to 18 inches in height as measured perpendicular to the roof surface; or

(2)        on walls existing on April 30, 2012, projecting no more than 10 inches and occupying no more than 20 percent of the surface area of the building wall (as viewed in elevation) from which it projects;

(j)        Swimming pools, accessory, above-grade structures limited to a height not exceeding eight feet above the level of the rear yard or rear yard equivalent ;

(k)        Terraces, unenclosed, fire escapes or planting boxes, provided that no such items project more than six feet into or over such open space.

However, any such open space that is part of a required yard, rear yard equivalent or court may contain an obstruction listed in this Section only where such obstruction is permitted, pursuant to Sections 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) or 23-87 (Permitted Obstructions in Courts), as applicable.

R1 R2 R3 R4 R5

In the districts indicated, balconies that are:

(a)        unenclosed except for a parapet not exceeding 3 feet, 8 inches in height, or a railing not less than 50 percent open and not exceeding 4 feet, 6 inches in height; and

(b)        located at or above the floor level of the second story provided that such balcony is not lower than seven feet above curb level or adjacent natural grade, whichever is higher;

may, as permitted in this Section, project into or over any required open area set forth in the following Sections:

(1)        front yards, as defined in Section 12-10 (DEFINITIONS);

(2)        rear yards or rear yard equivalents, as defined in Section 12-10;

(3)        open space, as defined in Section 12-10, excluding:

(i)        side yards, as defined in Section 12-10;

(ii)        required minimum dimensions of courts, as defined in Section 12-10; and as set forth in Section 23-80 (COURT REGULATIONS, MINIMUM DISTANCE BETWEEN WINDOWS AND WALLS OR LOT LINES AND OPEN AREA REQUIRMENTS); and

(iii)        required distances between buildings, as set forth in Section 23-71 (Minimum Distance Between Buildings on a Single Zoning lot).

If the depth of the front yard is greater than 12 feet, balconies may project six feet into such front yard provided that, in R1, R2 or R3 Districts, the aggregate width of such balconies does not exceed 50 percent of the width at that level of the plane surface of the building wall from which they project and, in R4 or R5 Districts, such aggregate width does not exceed 67 percent.

If the depth of the front yard is 12 feet or less, balconies may project to a distance equal to one-half the depth of such front yard provided the aggregate width of such balconies does not exceed 50 percent of the width at that level of the plane surface of the building wall from which they project.

Balconies may, by a distance not to exceed eight feet, project into a rear yard or other open space not specifically excluded in paragraphs (2) and (3) of this Section. At the level of the second story, the aggregate width of such balconies is not limited but at the level of the third story or higher such aggregate width shall not exceed 50 percent of the width at that level of the plane surface of the building wall from which the balconies project.

In addition, balconies may be enclosed by building walls provided that at least 33 percent of the perimeter of such balcony is unenclosed except for a parapet not exceeding 3 feet, 8 inches in height, or a railing not less than 50 percent open and not exceeding 4 feet, 6 inches in height. The portion of a balcony enclosed by building walls shall not exceed six feet in depth.

R6 R7 R8 R9 R10

In the districts indicated, balconies may project into or over any required open area within a publicly accessible open area, a rear yard, an initial setback distance, any open areas not occupied by towers, any required side or rear setbacks, or any required open space, provided that such balcony shall:

(a)        not project by a distance greater than seven feet as measured from the plane surface of the building wall from which it projects;

(b)        not project into the minimum required distance between buildings on the same zoning lot ;

(c)        not cover more than 10 percent of the area designated as outdoor recreation space pursuant to Section 28-20 (RECREATION SPACE AND PLANTING AREAS);

(d)        be unenclosed except for a parapet not exceeding 3 feet, 8 inches in height or a railing not less than 50 percent open and not exceeding 4 feet, 6 inches in height. However, such balconies may be recessed into a building wall up to a maximum depth of six feet provided that at least 33 percent of the perimeter of such balcony is unenclosed except for a parapet or railing;

(e)        be located at or higher than the floor level of the third story of a building or at least 20 feet above curb level, except that for buildings containing residences not more than 32 feet in height, such balcony may be located at or higher than the floor level of the second story provided that such balcony is located not lower than seven feet above curb level or seven feet above natural grade, whichever is higher; and

(f)        have an aggregate width, at the level of any story, not exceeding 50 percent of the width at that level of the plane surface of the building wall from which it projects.

R1 R2 R3 R4 R5

In the districts indicated for any zoning lot, the minimum required open space or open space ratio shall not be less than set forth in this Section, and the maximum lot coverage shall not exceed the lot coverage as set forth in this Section. Any given lot area or area of open space shall be counted only once in determining the floor area ratio, the amount of open space or the open space ratio.

In R1 and R2 Districts without a letter suffix, the floor area and open space provisions of Section 23-141 shall apply. In R1 and R2 Districts with a letter suffix, and R3, R4 and R5 Districts, the provisions of Section 23-142 shall apply.

In R4 and R5 Districts without a letter suffix, the provisions of Section 23-143 shall apply to buildings utilizing the optional provisions for a predominantly built-up area. In R3-2, R4 and R5 Districts without a letter suffix, the provisions of Section 23-144 shall apply to affordable independent residences for seniors.  

For zoning lots with buildings containing multiple uses or multiple buildings with different uses, the maximum floor area ratio for each use shall be as set forth in the applicable provisions of this Section, inclusive, or Section 24-10 (FLOOR AREA AND LOT COVERAGE REGULATIONS), inclusive, 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. However, for zoning lots providing affordable independent residences for seniors and other residential uses, the sum of all floor area allocated to uses other than affordable independent residences for seniors on the zoning lot shall not exceed the maximum floor area ratio permitted for residential uses set forth in Sections 23-142 or 23-143, as applicable.

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.

In addition to complying with the provisions of this Section, all zoning lots shall be subject to the provisions set forth in Section 23-22 (Maximum Number of Dwelling Units) as well as all other applicable bulk regulations as set forth in this Chapter.

R1 R2 R3 R4 R5

In R1 and R2 Districts with a letter suffix and R3 through R5 Districts, the maximum lot coverage, minimum open space and maximum floor area ratio shall be as set forth in the following table:

District

Maximum Lot Coverage (in percent)

Minimum Required Open Space (in percent)

Maximum Floor Area Ratio

R1-2A

30

70

.50

R2A

30

70

.50

R2X

N/A — governed by yard requirements

.85

R3-1 R3-2

35

65

.50

R3A R3X

N/A — governed by yard requirements

.50

R4

45

55

.75

R4-1 R4A

N/A — governed by yard requirements

.75

R4B

55

45

.90

R5

55

45

1.25

R5A

N/A — governed by yard requirements

1.10

R5B

55

45

1.35

R5D

60*

40*

2.00

*        For corner lots, the maximum lot coverage shall be 80 percent and the minimum required open space shall be 20 percent

In addition, the following rules shall apply:

(a)        In R2X, R3, R4, R4A and R4-1 Districts, except R3, R4A and R4-1 Districts within lower density growth management areas, the floor area ratio in the table in this Section may be increased by up to 20 percent provided that any such increase in floor area is located directly under a sloping roof which rises at least three and one half inches in vertical distance for each foot of horizontal distance and the structural headroom of such floor area is between five and eight feet.

(b)        In R3, R4-1 and R4A Districts in lower density growth management areas, the floor area ratio in the table in this Section may be increased by up to 20 percent provided that any such increase in floor area is located in any portion of a building covered by a sloping roof that rises at least seven inches in vertical distance for each foot of horizontal distance.

(c)        In R3, R4 and R5 Districts, the permitted floor area of a single- or two-family detached or semi-detached residence developed after June 30, 1989, may be increased by up to 300 square feet if at least one enclosed accessory off-street parking space is provided in a garage located, wholly or partly, in the side lot ribbon pursuant to Sections 23-12 (Permitted Obstructions in Open Space), paragraph (e), 23-441 (Location of garages in side yards of corner lots) or 23-442 (Location of garages in side yards of other zoning lots).

(d)        In R1-2A Districts and in R3, R4-1 and R4A Districts within lower density growth management areas, the permitted floor area of a single- or two-family detached or semi-detached residence may be increased by up to 300 square feet for one parking space and up to 500 square feet for two parking spaces provided such spaces are in a garage located, wholly or partly, in the side lot ribbon pursuant to Sections 23-12, paragraph (e), 23-441 or 23-442, except that in R1-2A Districts, such parking spaces need not be located in the side lot ribbon.

(e)        In R2A Districts, the permitted floor area may be increased by up to 300 square feet for a detached garage located in a rear yard, except where a parking space is provided within a building containing residences.

(f)        In R3 Districts, except for zoning lots containing single-, two- or three-family residences, 50 percent of the required open space on a zoning lot, except such open space in a front yard, shall have a minimum dimension of 12 feet and shall not be used for driveways, private streets, open or enclosed accessory off-street parking spaces or open or enclosed accessory off-street loading berths.

(g)        In R4 and R5 Districts, except for zoning lots containing single-, two- or three-family residences, 33 percent of the required open space on a zoning lot, except such open space in a front yard or, in R5D Districts, the open area between the street line and street wall of a building or its prolongation, shall have a minimum dimension of 12 feet and shall not be used for driveways, private streets, open or enclosed accessory off-street parking spaces, or open or enclosed accessory off-street loading berths.

R4 R5

In the districts indicated without a letter suffix, the maximum floor area ratio and lot coverage and the minimum required open space for any zoning lot utilizing the special optional regulations of a predominantly built-up area are set forth in the following table:

District

Maximum Lot Coverage (in percent)

Minimum Required Open Space (in percent)

Maximum Floor Area Ratio

R4

55

45

1.35

R5

55

45

1.65

R3-2 R4 R5

In the districts indicated, except R4-1, R4A, R4B, R5A, R5B and R5D Districts, the maximum lot coverage and maximum floor area ratio for affordable independent residences for seniors shall be as set forth in the table in this Section.

In R5D Districts, the open space and floor area regulations set forth in Section 23-142 (Open space and floor area regulations in R1 and R2 Districts with a letter suffix and R3 through R5 Districts) shall apply to affordable independent residences for seniors.

MAXIMUM FLOOR AREA RATIO FOR AFFORDABLE INDEPENDENT RESIDENCES FOR SENIORS IN R3-2, R4 AND R5 DISTRICTS

District

Maximum Lot Coverage (in percent)

Maximum Floor Area Ratio

R3-2

35

0.95

R4

45

1.29

R5

55

1.95

R6 R7 R8 R9 R10

In the districts indicated, for any zoning lot, the minimum required open space or open space ratio shall not be less than set forth in this Section, and the maximum lot coverage shall not exceed the lot coverage as set forth in this Section. Any given lot area or area of open space shall be counted only once in determining the floor area ratio, the amount of open space or the open space ratio.

In R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X, R10A or R10X Districts, any building containing residences shall comply with the floor area ratio and lot coverage regulations for Quality Housing buildings set forth in Section 23-153 (For Quality Housing buildings).

In R6, R7, R8, R9 and R10 Districts without a letter suffix, buildings containing residences may be developed or enlarged pursuant to the basic floor area and open space regulations set forth in Section 23-151 (Basic regulations for R6 though R9 Districts) or 23-152 (Basic regulations for R10 Districts), as applicable, or the regulations for Quality Housing buildings set forth in Section 23-153.

All Quality Housing buildings shall also comply with additional provisions set forth in Article II, Chapter 8.

The applicable floor area ratio for the district may be increased for buildings on zoning lots containing affordable housing or affordable independent residences for seniors, pursuant to Sections 23-154 (Inclusionary Housing) or 23-155 (Affordable independent residences for seniors), as applicable.

Special lot coverage provisions for shallow zoning lots, and interior or through lots within 100 feet of corners or located along the short dimension of the block are set forth in Section 23-156 (Special lot coverage provisions for certain interior or through lots).

For zoning lots with buildings containing multiple uses or multiple buildings with different uses, the maximum floor area ratio for each use shall be as set forth in the applicable provisions of this Section, inclusive, or Section 24-10 (FLOOR AREA AND LOT COVERAGE REGULATIONS), inclusive, 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.

However, for zoning lots providing affordable independent residences for seniors and other residential uses, the total floor area allocated to uses other than affordable independent residences for seniors on the zoning lot shall not exceed the maximum floor area ratio permitted for residential uses set forth in Sections 23-151 or 23-153, as applicable. Furthermore, for such zoning lots providing affordable independent residences for seniors and other residential uses within R10 Districts or within Inclusionary Housing designated areas, the maximum floor area ratio on the zoning lot shall not exceed the base floor area ratio for the Inclusionary Housing Program set forth in Section 23-154 for the applicable district. Such base floor area ratio may be increased to the maximum floor area ratio set forth in such Section only through the provision of affordable housing pursuant to Section 23-90 (INCLUSIONARY HOUSING). Zoning lots used exclusively for affordable independent residences for seniors within R10 Districts or within Inclusionary Housing designated areas shall remain subject to the maximum floor area ratios set forth in Section 23-155.

        

Illustrative Examples

The following examples, although not part of the Zoning Resolution, are included to demonstrate the application of the floor area regulations to zoning lots with multiple uses, including affordable independent residences for seniors.

EXAMPLE 1

A zoning lot with a lot area of 50,000 square feet is being developed in an R7A District. The owner would like to include residential uses (other than affordable independent residences for seniors), community facility uses and affordable independent residences for seniors on the zoning lot.

Pursuant to Section 23-15 and Section 24-161, when residential uses and community facility uses are mixed on the same zoning lot, the maximum permitted floor area for each individual use shall be the amount set forth in Section 23-15 for residential uses (in R6 through R10 Districts), and the amount set forth in Section 24-11 for community facility uses. The sum of any combination of these uses cannot exceed the highest permitted floor area for a use provided on the zoning lot.

Individually, the permitted residential floor area ratio (except for affordable independent residences for seniors) is 4.0, pursuant to Section 23-153, the permitted community facility floor area ratio is 4.0, pursuant to Section 24-11, and the permitted floor area ratio for affordable independent residences for seniors is 5.01, pursuant to Section 23-155. The highest permitted floor area on the zoning lot, 5.01, is assigned to affordable independent residences for seniors, meaning that the maximum floor area on the zoning lot would be 250,500 square feet.

In addition, pursuant to Section 23-15, when other residential uses are mixed with affordable independent residences for seniors on the same zoning lot, the floor area allocated to such other residential uses cannot exceed the maximum residential floor area ratio of 4.0, or 200,000 square feet, as set forth in Section 23-153. In addition, pursuant to Section 24-161, the sum of all residential floor area - including both the affordable independent residences for seniors and other residential uses - cannot exceed the floor area ratio for affordable independent residences for seniors, which is the highest permitted residential floor area ratio. Any community facility use provided on the zoning lot will reduce the amount of residential floor area or affordable independent residences for seniors floor area on the zoning lot, or both.

Based on these mixing rules, the owner decides to construct the following: a 50,500 square foot building (1.01 floor area ratio) containing only an affordable independent residence for seniors and a second 200,000 square foot building with 50,000 square feet (1.0 floor area ratio) allocated to community facility uses and 150,000 square feet (3.0 floor area ratio) of residential uses (other than affordable independent residences for seniors).

In this second building, at a later time the community facility floor area could be converted to residential floor area, but under no conditions could the building containing affordable independent residences for seniors be changed to a residence not subject to the restrictions encompassed in the definition of affordable independent residence for seniors in Section 12-10.

EXAMPLE 2

A zoning lot within 100 feet of a wide street with a lot area of 50,000 square feet is being developed in an R7-2 District. The owner would like to include affordable independent residences for seniors, other residential uses and community facility uses on the zoning lot.

Pursuant to Sections 23-15 and 24-161, when residential uses and community facility uses are mixed on the same zoning lot, the maximum permitted floor area for each individual use shall be that set forth in Section 23-151 through 23-155 for residential uses in R6 through R10 Districts, and that set forth in Section 24-11 for community facility uses. The sum of any combination of these uses cannot exceed the highest permitted floor area for a use provided on the zoning lot.

Individually, the permitted residential floor area ratio, except for affordable independent residences for seniors, is 4.0 for a Quality Housing building pursuant to Section 23-153; the permitted community facility floor area ratio is 6.5 pursuant to Section 24-11; and the permitted floor area ratio for affordable independent residences for seniors is 5.01 pursuant to Section 23-155. The highest permitted floor area ratio on the zoning lot (6.5) is assigned to community facility uses, meaning the maximum floor area on the zoning lot would be 325,000 square feet. The owner wishes to provide 20 percent of floor area on the zoning lot as affordable independent residences for seniors, to utilize the additional height permitted pursuant to Section 23-664, and also wishes to maximize the amount of residential uses that can be constructed on the zoning lot. The owner will allocate the remaining floor area ratio on the zoning lot to community facility uses.

According to these priorities, a floor area ratio of 1.3 (6.5 x 20 percent), or 65,000 square feet, would be allocated to affordable independent residences for seniors. Pursuant to Section 23-15, when other residential uses are mixed with affordable independent residences for seniors, the floor area allocated to the other residential uses cannot exceed the residential floor area ratio and, pursuant to Section 24-161, the sum of both the affordable independent residences for seniors and the other residential uses cannot exceed the highest permitted residential floor area ratio of 5.01, which is the floor area ratio for affordable independent residences for seniors. This calculation would result in a floor area ratio of 3.71 (5.01 - 1.3 of floor area ratio), or 185,500 square feet being allocated to residential uses other than affordable independent residences for seniors. The remaining floor area on the zoning lot, which is to be allocated to community facility uses, would be equivalent to the difference between the affordable independent residence for seniors floor area ratio of 5.01 and the community facility floor area ratio of 6.5, which is a floor area ratio of 1.49, or 74,500 square feet.

Based on these figures, the owner decides to construct a 185,500 square foot or 3.71 floor area ratio building containing only residential uses (other than affordable independent residences for seniors) and a second 139,500 square foot, or 2.79 floor area ratio building, containing the affordable independent residences for seniors and community facility uses.

At a later time, the floor area allocated to residences in the first building can be converted to community facility uses, but in no event can the residential floor area be increased, because the maximum floor area ratio permitted for this uses has already been achieved. Similarly, under no conditions can the floor area in the building containing affordable independent residences for seniors be increased without reducing the amount of other residential uses contained within the first building.

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.

In addition to complying with the provisions Section 23-15, all zoning lots shall be subject to the provisions set forth in Section 23-22 (Maximum Number of Dwelling Units) as well as all other applicable bulk regulations as set forth in this Chapter.

R6 R7 R8 R9

In the districts indicated without a letter suffix, the minimum required open space ratio and the maximum floor area ratio for any zoning lot shall be determined by the height factor of such zoning lot as set forth in this Section.

MINIMUM REQUIRED OPEN SPACE RATIO AND MAXIMUM FLOOR AREA RATIO

R6 through R9 Districts




 For zoning lots with a height factor of

In R6 Districts

In R7 Districts

In R8 Districts

In R9 Districts

Min. Req. Open Space Ratio

Max. Floor Area Ratio

Min. Req. Open Space Ratio

Max. Floor Area Ratio

Min. Req. Open Space Ratio

Max. Floor Area Ratio

Min. Req. Open Space Ratio

Max. Floor Area Ratio

1

27.5

0.78

15.5

0.87

5.9

0.94

1.0

0.99

2

28.0

1.28

16.0

1.52

6.2

1.78

1.4

1.95

3

28.5

1.62

16.5

2.01

6.5

2.51

1.8

2.85

4

29.0

1.85

17.0

2.38

6.8

3.14

2.2

3.68

5

29.5

2.02

17.5

2.67

7.1

3.69

2.6

4.42

6

30.0

2.14

18.0

2.88

7.4

4.15

3.0

5.08

7

30.5

2.23

18.5

3.05

7.7

4.55

3.4

5.65

8

31.0

2.30

19.0

3.17

8.0

4.88

3.8

6.13

9

31.5

2.35

19.5

3.27

8.3

5.15

4.2

6.54

10

32.0

2.38

20.0

3.33

8.6

5.38

4.6

6.85

11

32.5

2.40

20.5

3.38

8.9

5.56

5.0

7.09

12

33.0

2.42

21.0

3.41

9.2

5.71

5.4

7.30

13

33.5

2.43

21.5

3.42

9.5

5.81

5.8

7.41

14

34.0

2.43

22.0

3.44

9.8

5.92

6.2

7.52

15

34.5

2.43

22.5

3.42

10.1

5.95

6.6

7.52

16

35.0

2.42

23.0

3.41

10.4

5.99

7.0

7.52

17

35.5

2.42

23.5

3.40

10.7

6.02

7.4

7.52

18

36.0

2.40

24.0

3.38

11.0

6.02

7.8

7.46

19

36.5

2.39

24.5

3.36

11.3

6.02

8.2

7.41

20

37.0

2.38

25.0

3.33

11.6

6.02

8.6

7.35

21

37.5

2.36

25.5

3.30

11.9

5.99

9.0

7.25

For zoning lots with height factors greater than 21, the minimum required open space ratio shall be as set forth in the following table:

OPEN SPACE RATIO FOR HIGH BUILDINGS

District

Minimum Required Open Space Ratio at Height Factor of 21

Additional Required Open Space Ratio for each Additional Height Factor

R6

37.5

0.5

R7

25.5

0.5

R8

11.9

0.3

R9

9.0

0.4

For these zoning lots, the maximum floor area ratio shall be such as can be attained at the required open space ratio for the height factor.*

*        The floor area ratio attainable at a given height factor and a given open space ratio may be computed from the following formula:

  1

=

O.S.R.

+

 1

F.A.R.

 100

H.F.

In R10 Districts, the floor area ratio on a zoning lot shall not exceed 10.0.

Notwithstanding any other provision of this Resolution, the maximum floor area ratio shall not exceed 12.0.

R6 R7 R8 R9 R10

In the districts indicated, for Quality Housing buildings, the maximum floor area ratio and maximum residential lot coverage for interior lots or through lots shall be as set forth in the table in this Section. The maximum residential lot coverage for a corner lot shall be 100 percent.

MAXIMUM LOT COVERAGE AND FLOOR AREA RATIO FOR QUALITY HOUSING BUILDINGS

District

Maximum Lot Coverage for an Interior Lot or Through Lot (in percent)

Maximum Floor Area Ratio

R6

60

2.20

R62

60

2.43

R61,3 R6A R7B

65

3.00

R6B

60

2.00

R7

65

3.44

R71 R7A

65

4.00

R7D

65

4.20

R7X

70

5.00

R8 R8A R8X

70

6.02

R81

70

7.20

R8B

70

4.00

R9 R9A

70

7.52

R9D R9X

70

9.00

R10

70

10.00

1        for zoning lots, or portions thereof, located within 100 feet of a wide street in R6, R7 or R8 Districts without a letter suffix outside the Manhattan Core

2        for zoning lots in an R6 District inside the Manhattan Core located within 100 feet of a wide street

3        for zoning lots in an R6 District without a letter suffix the maximum lot coverage for any MIH development utilizing the height and setback provisions of paragraph (c) of Section 23-664 in Mandatory Inclusionary Housing Program Area 1, as of May 24, 2017 in Community District 9 in the Borough of the Bronx and in Mandatory Inclusionary Housing Program Area 2, as of September 7, 2017, in Community District 14 in the Borough of Queens.

For developments or enlargements providing affordable housing pursuant to the Inclusionary Housing Program, as set forth in Section 23-90, inclusive, the maximum floor area ratio permitted in R10 Districts outside of Inclusionary Housing designated areas shall be as set forth in paragraph (a) of this Section, and the maximum floor area ratio in the Inclusionary Housing designated areas existing on March 22, 2016, shall be as set forth in paragraph (b) of this Section. Special provisions for specified Inclusionary Housing designated areas are set forth in paragraph (c) of this Section. Special floor area provisions for zoning lots in Mandatory Inclusionary Housing areas are set forth in paragraph (d) of this Section. The maximum lot coverage shall be as set forth in Section 23-153 (For Quality Housing buildings) for the applicable zoning district. For the purpose of this Section, defined terms include those set forth in Sections 12-10 and 23-911.

(a)        R10 Districts outside of Inclusionary Housing designated areas

The residential floor area ratio of a compensated zoning lot may be increased from a base floor area ratio of 10.0 to a maximum floor area ratio of 12.0 at the rate set forth in this Section, if such compensated zoning lot provides affordable housing that is restricted to low income floor area.

For each square foot of floor area provided for a type of affordable housing listed in the table in this paragraph (a), the floor area of the compensated zoning lot may be increased by the amount of square feet set forth in the table, as applicable. Any generating site for which public funding has been received within the 15 years preceding the regulatory agreement date, or for which public funding is committed to be provided subsequent to such date, shall be deemed to be provided with public funding.

OPTIONS

Without public funding

New construction affordable housing or substantial rehabilitation affordable housing

3.5

Preservation affordable housing

2.0

With public funding

New construction affordable housing, substantial rehabilitation affordable housing or preservation affordable housing

1.25

(b)        Inclusionary Housing designated areas

The residential floor area of a zoning lot may not exceed the base floor area ratio set forth in the table in this paragraph (b), except that such floor area may be increased on a compensated zoning lot by 1.25 square feet for each square foot of low income floor area provided, up to the maximum floor area ratio specified in the table, as applicable. However, the amount of low income floor area required to receive such floor area compensation need not exceed 20 percent of the total floor area, exclusive of ground floor non-residential floor area, or any floor area increase for the provision of a FRESH food store, on the compensated zoning lot.

MAXIMUM RESIDENTIAL FLOOR AREA RATIO

District

Base floor area ratio

Maximum floor area ratio

R6B

2.00

2.20

R61

2.20

2.42

R62 R6A R7-21

2.70

3.60

R7A R7-22

3.45

4.60

R7-3

3.75

5.0

R7D

4.20

5.60

R7X

3.75

5.00

R8

5.40

7.20

R9

6.00

8.00

R9A

6.50

8.50

R9D

7.5

10.0

R9X

7.3

9.70

R10

9.00

12.00

1        for zoning lots, or portions thereof, beyond 100 feet of a wide street

2        for zoning lots, or portions thereof, within 100 feet of a wide street

(c)        Special provisions for specified Inclusionary Housing designated areas

(1)        Optional provisions for large-scale general developments in C4-6 or C5 Districts

Within a large-scale general development in a C4-6 or C5 District, the special optional regulations as set forth in this paragraph (c)(1), inclusive, modify the provisions of paragraph (b) of this Section:

(i)        The residential floor area of a development or enlargement may be increased by 0.833 square feet for each one square foot of moderate income floor area, or by 0.625 square feet for each one square foot of middle income floor area, provided that for each square foot of such floor area compensation there is one square foot of floor area compensation, pursuant to paragraph (b) of this Section;

(ii)        However, the amount of affordable housing required to receive such floor area compensation need not exceed the amounts specified in this paragraph, (c)(1)(ii). If affordable housing is provided for both low income and moderate income households, the amount of moderate income floor area need not exceed 15 percent of the total floor area, exclusive of ground floor non-residential floor area, on the zoning lot, provided that the amount of low income floor area is at least 10 percent of the total floor area, exclusive of ground floor non-residential floor area, on the zoning lot. If affordable housing is provided for both middle income households and low income households, the amount of middle income floor area need not exceed 20 percent of the total floor area, exclusive of ground floor non-residential floor area, on the zoning lot, provided that the amount of low income floor area is at least 10 percent of the total floor area, exclusive of ground floor non-residential floor area, on the zoning lot.

For the purposes of this paragraph, (c)(1), inclusive, low income floor area may be considered moderate income floor area or middle income floor area, and moderate income floor area may be considered middle income floor area.

(2)        Special provisions for large-scale general developments in Community District 1 in the Borough of Queens

Special provisions shall apply to zoning lots within a large-scale general development that contains R6B, R7A and R7-3 Districts within an Inclusionary Housing designated area, as follows:

(i)        For zoning lots, or portions thereof, that are located within R6B, R7A or R7-3 Districts, the base floor area ratio set forth in paragraph (b) of this Section shall not apply. No residential development or enlargement shall be permitted unless affordable floor area is provided pursuant to the provisions of this paragraph. The amount of low-income floor area provided shall equal no less than 10 percent of the floor area on such zoning lot, excluding any ground floor non-residential floor area, floor area within a school, or any floor area increase resulting from the provision of a FRESH food store and the amount of moderate-income floor area provided shall equal no less than 15 percent of the floor area on such zoning lot, excluding any ground floor non-residential floor area, floor area within a school, or any floor area increase resulting from the provision of a FRESH food store. For the purposes of this paragraph (c)(2)(i), inclusive, low income floor area may be considered moderate income floor area ; and

(ii)        The amount of affordable floor area utilizing public funding that may count toward satisfying the affordable floor area required in paragraph (c)(2)(i) of this Section shall be determined in accordance with procedures prescribed by the City Planning Commission pursuant to the provisions of Section 74-743 (Special provisions for bulk modification).

(3)        Special provisions for compensated zoning lots

Special provisions shall apply to compensated zoning lots located within:

(i)        R6, R7-3 and R8 Districts on waterfront blocks in Inclusionary Housing designated areas within Community District 1, Borough of Brooklyn, as set forth in Section 62-352; or

(ii)        the Special Hudson Yards District, Special Clinton District and Special West Chelsea District, as set forth in Sections 93-23, 96-21 and 98-26, respectively.

(d)        Special floor area provisions for zoning lots in Mandatory Inclusionary Housing areas

For zoning lots in Mandatory Inclusionary Housing areas, the following provisions shall apply:

(1)        Affordable housing requirement

Except where permitted by special permit of the Board of Standards and Appeals pursuant to Section 73-624 (Reduction or modification of Mandatory Inclusionary Housing requirements), or as provided in paragraph (d)(4) of this Section 23-154, no residential development, enlargement or conversion from non-residential to residential use shall be permitted unless affordable housing, as defined in Section 23-911 (General definitions) is provided or a contribution is made to the affordable housing fund, as defined in Section 23-911, pursuant to the provisions set forth in paragraph (d)(3)(i) through (d)(3)(v) and (d)(5) of this Section, inclusive.

(2)        Maximum floor area ratio

The maximum floor area ratio for the applicable zoning district in Inclusionary Housing designated areas set forth in paragraph (b) of this Section shall apply to the applicable zoning district in a Mandatory Inclusionary Housing area, except:

(i)        in an R6 District, without a letter suffix, the maximum floor area ratio shall be 3.6 in the following areas:

(a)        Mandatory Inclusionary Housing Program Area 1, as of May 24, 2017, in Community District 9 in the Borough of the Bronx; and

(b)        Mandatory Inclusionary Housing Program Area 2, as of September 7, 2017, in Community District 14 in the Borough of Queens.

(ii)        in an R7-1 or R7-2 District, the maximum floor area ratio shall be 4.6, except that the maximum floor area ratio for an R7-2 District in a Mandatory Inclusionary Housing area in Community District 5, Borough of Brooklyn, mapped on or before April 20, 2016, shall be as set forth in paragraph (b) of this Section;

(iii)        in an R7-3 or R7X District, the maximum floor area ratio shall be 6.0; and

(iv)        in an R9-1 District the maximum floor area ratio shall be 9.0.

In addition, in R6, R7-1, R7-2, R8 and R9 Districts without a letter suffix, where the basic height and setback requirements are utilized pursuant to paragraph (b) of Section 23-952, the maximum floor area ratio shall be determined in accordance with the provisions of Section 23-151 (Basic regulations for R6 through R9 Districts).

For any development, enlargement or conversion from non-residential to residential use that is subject to the provisions of paragraph (d)(4) of this Section, the maximum floor area ratio for the applicable district outside of Inclusionary Housing designated areas or Mandatory Inclusionary Housing areas shall apply.

(3)        Options for compliance with affordable housing requirement

Options for compliance with the affordable housing requirement of paragraph (d)(1) of this Section are set forth in the following paragraphs (d)(3)(i) through (d)(3)(v). These options shall be applicable within Mandatory Inclusionary Housing areas as indicated in
APPENDIX F of this Resolution. The Deep Affordability Option or the Workforce Option shall only be made applicable in combination with Option 1 or Option 2. Regardless of whether every option specified in this paragraph (d)(3), inclusive, is included in a land use application for applicability to a proposed Mandatory Inclusionary Housing area or as a term or condition of a special permit pursuant to this Resolution, all affordability options available under the provisions of this paragraph (d)(3), inclusive, shall be part of the subject matter of each such application throughout the land use review process. The Workforce Option shall not be applicable within the Manhattan Core. A development, enlargement or conversion from non-residential to residential use shall comply with either Option 1, Option 2, the Deep Affordability Option, the Workforce Option, or the Affordable Housing Fund Option, as applicable.

When a building containing residences is enlarged, the following shall be considered part of the enlargement for the purposes of this paragraph (d)(3), inclusive: residential floor area that is reconstructed, or residential floor area that is located within a dwelling unit where the layout has been changed.

(i)        Option 1

For MIH developments utilizing Option 1, an amount of affordable floor area for qualifying households shall be provided that is equal to at least 25 percent of the residential floor area within such MIH development. The weighted average of all income bands for affordable housing units shall not exceed 60 percent of the income index, and there shall be no more than three income bands. At least 10 percent of the residential floor area within such MIH development shall be affordable within an income band at 40 percent of the income index, and no income band shall exceed 130 percent of the income index.

(ii)        Option 2

For MIH developments utilizing Option 2, an amount of affordable floor area for qualifying households shall be provided that is equal to at least 30 percent of the residential floor area within such MIH development. The weighted average of all income bands for affordable housing units shall not exceed 80 percent of the income index, and there shall be no more than three income bands. No income band shall exceed 130 percent of the income index.

(iii)        Deep Affordability Option

For MIH developments utilizing the Deep Affordability Option, an amount of affordable floor area for qualifying households shall be provided that is equal to at least 20 percent of the residential floor area within such MIH development. The weighted average of all income bands for affordable housing units shall not exceed 40 percent of the income index, and there shall be no more than three income bands. No income band shall exceed 130 percent of the income index. No public funding shall be utilized for such MIH development except where HPD determines that such public funding is necessary to support a significant amount of affordable housing that is in addition to the affordable floor area satisfying the requirements of this Section.

(iv)        Workforce Option

For MIH developments utilizing the Workforce Option, an amount of affordable floor area for qualifying households shall be provided that is equal to at least 30 percent of the residential floor area within such MIH development. The weighted average of all income bands for affordable housing units shall not exceed 115 percent of the income index, and there shall be no more than four income bands. No income band shall exceed 135 percent of the income index. At least 5 percent of the residential floor area within such MIH development shall be affordable within an income band at 70 percent of the income index, and in addition, at least five percent of the residential floor area within such MIH development shall be affordable within an income band at 90 percent of the income index. Such MIH development may not utilize public funding.

The Workforce Option shall expire within a Mandatory Inclusionary Housing area 10 years after the effective date of the amendment establishing or renewing such option in a Mandatory Inclusionary Housing area, as indicated in
APPENDIX F of this Resolution. However, the Workforce Option shall apply to an MIH development that has filed an MIH application for such option prior to expiration of such option, provided that the MIH development complies with all provisions of Section 11-33 (Building Permits for Minor or Major Development or Other Construction Issued before Effective Date of Amendment), inclusive. For the purposes of applying the provisions of Section 11-33, the effective date of applicable amendment shall be six months after the date of the expiration of the Workforce Option in such Mandatory Inclusionary Housing area.

The Workforce Option shall not be permitted to be utilized for any development, enlargement, or conversion from non-residential to residential use within the Manhattan Core.

(v)        Affordable Housing Fund option

A development, enlargement, or conversion from non-residential to residential use that increases the number of dwelling units by no more than 25, and increases residential floor area on the zoning lot by less than 25,000 square feet, may satisfy the requirements of this Section by making a contribution to the affordable housing fund. The amount of such contribution shall approximate, using the best available data, the cost of providing the affordable floor area in the same Community District as the MIH development. A schedule setting forth the contribution amount for each affected Community District shall be established by HPD and shall be updated on an annual basis, as set forth in the guidelines.

(4)        Exceptions

The requirements of paragraph (d) of this Section shall not apply to:

(i)        A single development, enlargement, or conversion from non-residential to residential use of not more than 10 dwelling units and not more than 12,500 square feet of residential floor area on a zoning lot that existed on the date of establishment of the applicable Mandatory Inclusionary Housing area ;

(ii)        a development, enlargement, or conversion from non-residential to residential use containing no residences other than affordable independent residences for seniors ; or

(iii)        a development, enlargement, or conversion from non-residential to residential use that is granted a full waiver of the requirements set forth in paragraph (d)(3), inclusive, of this Section by special permit of the Board of Standards and Appeals pursuant to Section 73-624 (Reduction or modification of Mandatory Inclusionary Housing requirements).

(5)        Additional requirements where affordable housing is provided off-site

When affordable floor area is provided on an MIH site that is not an MIH zoning lot pursuant to paragraph (a) of Section 23-96 (Requirements for Generating Sites or MIH Sites), the amount of affordable floor area required pursuant to paragraphs (d)(3)(i) through (d)(3)(iv) of this Section shall be increased by an amount equal to five percent of the residential floor area within such MIH development, multiplied by the percentage of the affordable floor area that is provided on an MIH site that is not an MIH zoning lot. Such additional affordable floor area shall be provided for qualifying households at income levels that comply with the average income bands specified in paragraphs (d)(3)(i) through (d)(3)(iv) of this Section, as applicable to the MIH development.

R6 R7 R8 R9 R10

In the districts indicated, the maximum floor area ratio for affordable independent residences for seniors utilizing the Quality Housing bulk regulations shall be as set forth in the table in this Section.

In R6, R7, R8, R9 or R10 Districts without a letter suffix, the maximum floor area ratio and open space ratio for affordable independent residences for seniors utilizing the basic bulk regulations shall be as set forth for residential uses in Sections 23-151 (Basic regulations for R6 through R9 Districts) and 23-152 (Basic regulations for R10 Districts), as applicable.

MAXIMUM FLOOR AREA RATIO FOR AFFORDABLE INDEPENDENT RESIDENCES FOR SENIORS IN QUALITY HOUSING BUILDINGS

District

Maximum Floor Area Ratio

R6  R6A  R7B

3.90

R6B

2.20

R7  R7A

5.01

R7D

5.60

R7X

6.00

R8  R8A  R8X

7.20

R8B

4.00

R9

8.00

R9-1

9.00

R9A

8.50

R9X

9.70

R9D

10.00

R10  R10A  R10X

12.00

R6 R7 R8 R9 R10

In the districts indicated, the maximum lot coverage set forth in Section 23-153 (For Quality Housing buildings), may be increased for shallow zoning lots in accordance with paragraph (a) of this Section, and may be increased for interior or through lots within 100 feet of corners or located along the short dimension of the block, in accordance with paragraph (b) of this Section.

(a)        Shallow zoning lots

The maximum lot coverage for shallow interior or through lots may be increased as follows:

(1)        For shallow interior lots

In the districts indicated, if an interior lot was owned separately and individually from all other adjoining tracts of land, both on December 15, 1961, and on the date of application for a building permit, and is less than 90 feet deep at any point, the maximum lot coverage of such zoning lot, or portion thereof, may be increased by one percent for every five feet the depth of such zoning lot, or portion thereof, is less than 90 feet. Where the front lot line or rear lot line of a zoning lot intersects a side lot line at an angle other than 90 degrees, the depth of such zoning lot, or portion thereof, shall be measured at the midpoint of such irregularly angled lot line.

(2)        For shallow through lots

In the districts indicated, if a through lot was owned separately and individually from all other adjoining tracts of land, both on December 15, 1961, and on the date of application for a building permit, and is less than 180 feet deep at any point, the maximum lot coverage of such zoning lot, or portion thereof, may be increased by one percent for every five feet the depth of such zoning lot, or portion thereof, is less than 180 feet. Where the front lot line or rear lot line of a zoning lot intersects a side lot line at an angle other than 90 degrees, the depth of such zoning lot, or portion thereof, shall be measured at the midpoint of such irregularly angled lot line.

(3)        Special provisions for zoning lots created after December 15, 1961

Notwithstanding the provisions of paragraphs (a)(1) and (a)(2) of this Section, the special lot coverage provisions of this Section may be applied to a zoning lot, or portion thereof, created after December 15, 1961, provided that the shallow lot condition was in existence on December 15, 1961, and subsequently such shallow lot condition on the zoning lot, or portion thereof, has neither increased nor decreased in depth.  

(4)        For zoning lots with shallow portions

Where a portion of a zoning lot is less than 90 feet for an interior lot, or 180 feet for a through lot, an adjusted maximum lot coverage shall be established for the zoning lot by multiplying the maximum percent of lot coverage permitted for the shallow portion of the zoning lot established pursuant to paragraphs (a)(1) or (a)(2) of this Section by the percentage such portion constitutes of the lot area of the zoning lot, and by multiplying the maximum percent of lot coverage permitted for the non-shallow portion of the zoning lot established pursuant to Section 23-153 (For Quality Housing buildings) by the percentage such portion constitutes of the lot area of the zoning lot. The sum of the areas of lot coverage thus obtained shall be the adjusted maximum percent of lot coverage for the zoning lot.

(5)        Maximum coverage

In no event shall the maximum lot coverage of an interior lot or through lot exceed 80 percent. Shallow portions of a zoning lot may exceed such maximum, so long as the adjusted maximum lot coverage set forth in paragraph (a)(4) of this Section complies with such maximum.

(b)        Within 100 feet of corners or along the short dimension of the block

The maximum lot coverage for interior or through lots, or portions thereof, within 100 feet of the corner, or located along the short dimension of the block, may be increased as follows:

(1)        Within 100 feet of the corner

In the districts indicated, for interior or through lots, or portions thereof, within 100 feet of the point of intersection of two street lines intersecting at an angle of 135 degrees or less, the maximum lot coverage shall be 100 percent.

(2)        Along the short dimension of the block

In the districts indicated, whenever a front lot line of an interior or through lot coincides with all or part of a street line measuring less than 230 feet in length between two intersecting streets, the maximum lot coverage for such zoning lot, or portion thereof, shall be 100 percent within 100 feet of such front lot line.

The floor area ratio provisions of Sections 23-14 (Open Space and Floor Area Regulations in R1 Through R5 Districts) and 23-15 (Open Space and Floor Area Regulations in R6 Through R10 Districts), inclusive, shall be modified for certain areas, as follows:

(a)        For standard tower and tower-on-a-base buildings in R9 and R10 Districts

(1)        In R9 Districts, for zoning lots where buildings are developed or enlarged pursuant to the tower-on-a-base provisions of Section 23-651, the maximum floor area ratio shall be 7.52, and the maximum lot coverage shall be 100 percent on a corner lot and 70 percent on an interior lot.

(2)        In R9 and R10 Districts, for zoning lots containing a building that is developed or enlarged pursuant to the applicable tower regulations of Section 23-65 (Tower Regulations), inclusive, any floor space used for mechanical equipment provided pursuant to paragraph (8) of the definition of floor area in Section 12-10 (DEFINITIONS), and any floor space that is or becomes unused or inaccessible within a building, pursuant to paragraph (k) of the definition of floor area in Section 12-10, shall be considered floor area and calculated in accordance with the provisions of this Section, provided that such floor space:

(i)        occupies the predominant portion of a story;

(ii)        is located above the base plane or curb level, as applicable, and below the highest story containing residential floor area; and

(iii)        exceeds an aggregate height of 25 feet within any given 75 vertical feet of one another within a building.

For the purpose of applying this provision, the height of such floor space shall be measured from the top of a structural floor to the bottom of a structural floor directly above such space. In addition, the number of stories of floor area such space constitutes within the building shall be determined by aggregating the total height of such floor spaces, dividing by 25 feet, and rounding to the nearest whole integer.

(b)        For R10 Districts in Community District 7 in the Borough of Manhattan

Within the boundaries of Community District 7 in the Borough of Manhattan, in R10 Districts, except R10A or R10X Districts, the maximum floor area ratio shall be 10.0.

(c)        For R8 Districts in Community District 9 in the Borough of Manhattan

Within the boundaries of Community District 9 in the Borough of Manhattan, all buildings located in R8 Districts north of West 125th Street shall be developed or enlarged pursuant to the Quality Housing Program and are subject to the floor area regulations set forth in Section 23-153 (For Quality Housing buildings).

(d)        Optional provisions for certain R5 and R6 Districts in Community District 12 in the Borough of Brooklyn

Within the area bounded by 39th Street, Dahill Road, Ditmas Avenue, McDonald Avenue, Bay Parkway, 61st Street and Fort Hamilton Parkway in Community District 12, in the Borough of Brooklyn, special optional provisions are established for zoning lots containing buildings used exclusively as single-, two- or three-family residences, as set forth in this Section. Except as modified by the express provisions of this Section, the regulations of R5 and R6 Districts remain in effect.

(1)        Floor area, lot coverage, open space, density and height factor regulations

Where the optional provisions of this Section are applied, the regulations of Article II, Chapter 3, relating to floor area ratio, open space, density and height factor are hereby made inapplicable. In lieu thereof, the maximum floor area ratio for a corner lot shall not exceed 1.65 and the floor area ratio for an interior or through lot shall not exceed 1.8 in R5 Districts and 1.95 in R6 Districts. Notwithstanding the definition of floor area in Section 12-10, the lowest story shall be included in the definition of floor area, and floor space used for accessory off-street parking spaces shall be included in the definition of floor area unless such spaces are located in a cellar. The lot coverage for a corner lot shall not exceed 55 percent and the lot coverage for an interior or through lot shall not exceed 60 percent in R5 Districts and 65 percent in R6 Districts.

(2)        Building height

No building shall exceed a height of 35 feet above curb level, or three stories, whichever is less. Where the optional provisions of this Section are applied, the regulations of Article II, Chapter 3, relating to height and setback, are hereby made inapplicable, except that the provisions of Section 23-62 (Permitted Obstructions) shall apply.

(3)        Front yards

In R5 Districts, the following front yard regulations are applicable. A front yard shall be provided with a depth of not less than five feet provided that, for corner lots, one front yard with a depth of not less than 10 feet is required. If the depth of the front yard exceeds 10 feet, such front yard shall have a depth of not less than 18 feet. In R6 Districts, a front yard is not required.

(4)        Side yards

In R5 Districts, the following side yard regulations shall apply:

(i)        Where an existing building on an adjacent zoning lot is located on the common side lot line, no side yard is required. However, if an open area extending along such common side lot line is provided, it shall be at least eight feet wide.

(ii)        Where an existing building on an adjacent zoning lot is located less than eight feet from, but not on, the common side lot line, a side yard at least four feet wide is required. However, in no case shall the distance between a new or enlarged building and an existing building across a common side lot line on an adjacent zoning lot be less than eight feet.

(iii)        Where an adjacent zoning lot is vacant or where an existing building on an adjacent zoning lot is located more than eight feet from the common side lot line, a side yard at least four feet wide is required.

(iv)        In R6 Districts, a side yard is not required. However, when a building is 62 feet or more in depth, an eight foot side yard or an outer court, as set forth in paragraph (d)(6) of this Section, is required.

(v)        Notwithstanding the provisions of paragraphs (d)(1) and (d)(3) of this Section, detached single-, two- and three-family residences on corner lots shall provide side yards of five feet and 20 feet. Semi-detached single-, two- and three-family residences on corner lots shall provide one side yard of 20 feet.

(5)        Rear yards

Single- or two-family residences consisting of detached, semi-detached or zero lot line buildings may project up to 10 feet into a required rear yard or rear yard equivalent, provided that there is a side yard of at least eight feet for such semi-detached or zero lot line buildings, and that the total width of side yards for a detached building is at least eight feet.

(6)        Outer court and minimum distance between legally required windows and walls or lot lines

In R6 Districts, the outer court provisions of Section 23-84 are modified as follows: an outer court shall have a minimum width of 10 feet and a depth of not more than twice the width.

Where a building is attached, along a common side lot line, to a portion of an existing or new building on an adjacent zoning lot, there may be a joint outer court with a minimum width of 10 feet across such common side lot line. The requirements of Section 23-86 (Minimum Distance Between Legally Required Windows and Walls or Lot Lines) are hereby made inapplicable.

(7)        Off-street parking in R5 and R6 Districts

No accessory off-street parking is required in R5 and R6 Districts.

(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)        Nighttime closing of existing public open areas

In all Residence Districts, the Commission may, upon application, authorize the closing during certain nighttime hours of an existing publicly accessible open area for which a floor area bonus has been received, pursuant to Section 37-727 (Hours of access).

(c)        Elimination or reduction in size of existing public amenities

In all 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 Commission, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

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

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

This Section shall apply to existing buildings in which the number of dwelling units is increased as well as to all new development.

Any given floor area shall be counted only once in meeting the floor area requirements.

In all districts, as indicated, the floor area requirement per dwelling unit shall not be less than as set forth in this Section, except as provided in Sections 23-24 (Special Provisions for Buildings Containing Multiple Uses) or Section 23-25 (Special Provisions for Existing Small Zoning Lots).

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the maximum number of dwelling units shall equal the maximum residential floor area permitted on the zoning lot divided by the applicable factor in the following table. In R1 through R5 Districts, no rooming units shall be permitted and any dwelling unit shall be occupied by only one family. Fractions equal to or greater than three-quarters resulting from this calculation shall be considered to be one dwelling unit.

For the purposes of this Section, where a floor area ratio is determined pursuant to Section 23-151 (Basic regulations for R6 through R9 Districts), notwithstanding the height factor of the zoning lot, the maximum residential floor area ratio shall be 2.43 in an R6 District within 100 feet of a wide street, 3.44 in an R7 District and 6.02 in an R8 District. In an R6 District beyond 100 feet of a wide street, the maximum residential floor area ratio shall be as specified in Section 23-151, or 2.2, whichever is greater.

For affordable independent residences for seniors, there shall be no applicable dwelling unit factor.

For zoning lots with buildings containing multiple uses or multiple buildings with different uses, special provisions are set forth in Section 23-24 (Special Provisions for Buildings Containing Multiple Uses) to determine the maximum number of dwelling units permitted.

FACTOR FOR DETERMINING MAXIMUM NUMBER OF DWELLING UNITS

District

Factor for Dwelling Units

R1-1

4,750

R1-2

2,850

R2  R2A

1,900

R2X

2,900

R3-1  R3-21

625

R3A

710

R3-2  R4  R4-1  R4B

870

R3X

1,000

R4A

1,280

R42  R52  R5B

900

R5  R5D

760

R5A

1,560

R5B3

1,350

R6  R7  R8  R9  R10

680

1        for single- and two-family detached and semi-detached residences

2        for residences in a predominantly built-up area

3        for zoning lots with less than 40 feet of street frontage and existing on the effective date of establishing such districts on the zoning maps

R3 R4 R5

(a)        In the districts indicated, for all buildings other than affordable independent residences for seniors, each dwelling unit shall contain at least 300 square feet of floor area. For affordable independent residences for seniors, each dwelling unit shall contain at least 325 square feet of floor area.

R3 R4-1 R4A

(b)        In the districts indicated, for all two-family detached and, where permitted, two-family semi-detached and zero lot line buildings, one dwelling unit shall contain at least 925 square feet.

R6 R7 R8 R9 R10

(c)        In the districts indicated, for affordable independent residences for seniors, each dwelling unit shall contain at least 325 square feet of floor area.

        

Regulations Applying in Special Situations

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, for zoning lots with buildings containing multiple uses or multiple buildings with different uses, the maximum number of dwelling units permitted on the zoning lot shall equal the maximum residential floor area permitted on the zoning lot, divided by the applicable factor in Section 23-22 (Maximum Number of Dwelling Units). 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 affordable independent residences for seniors. 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.

Illustrative Examples

The following examples, although not part of the Zoning Resolution, are included to demonstrate the application of density regulations to buildings or zoning lots containing multiple uses.

For a 25,000 square foot zoning lot outside a predominantly built-up area of an R5 District, the owner is looking to construct two buildings of similar size ― one that is a mix of affordable independent residences for seniors and community facility uses and one that is exclusively residential uses other than affordable independent residences for seniors. For this zoning lot, the maximum permitted community facility FAR is 2.0, the maximum permitted FAR for affordable independent residences for seniors is 1.95 and the maximum permitted FAR for other residential uses is 1.25, provided the total FAR for all uses on the zoning lot does not exceed 2.0, pursuant to Section 23-14. If this zoning lot is developed with 0.25 FAR of community facility use and 0.75 FAR of affordable independent residences for seniors, the maximum residential floor area ratio for residences other than affordable independent residences for seniors permitted for the residential building is 1.0. The maximum number of dwelling units permitted on the zoning lot is 33 (25,000 x 1.0 divided by a factor of 760, pursuant to Section 23-22).

For a 10,000 square foot zoning lot in an R8A District, the owner is looking to construct a building with a mix of community facility and residential uses. For this zoning lot, the maximum permitted community facility FAR is 6.5 and the maximum permitted FAR for residential uses is 6.02, provided the total FAR for all uses on the zoning lot does not exceed 6.5, pursuant to Section 23-15. If this zoning lot is developed with 1.0 FAR of community facility use, the maximum residential floor area ratio permitted for such building is 5.5. The maximum number of dwelling units permitted on the zoning lot is 81 (10,000 x 5.5 divided by a factor of 680, pursuant to Section 23-22).

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, notwithstanding the provisions of Section 23-22 (Maximum Number of Dwelling Units), one single-family detached residence or, where permitted, one single-family residence, may be built upon a zoning lot consisting entirely of a tract of land that was owned separately and individually from all other adjoining tracts of land, both on December 15, 1961, and on the date of application for a building permit.

23-31

Definitions

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

        

Basic Regulations

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, except as provided in Section 23-33 (Special Provisions for Development of Existing Small Lots), no residence is permitted on a zoning lot with a total lot area or lot width less than as set forth in the following table:

REQUIRED MINIMUM LOT AREA AND LOT WIDTH

Type of Residence

Minimum Lot Area (in sq. ft)

Minimum Lot Width (in ft)

District

Single-family detached

9,500

100

R1-1

5,700

60

R1-2

3,800

40

R2  R2A

2,850

30

R2X

Single- or two-family detached or zero lot line where permitted

3,800

40

R3-1  R3-2   R4-R10

3,325

35

R3X

2,850

30

R4A*  R5A

2,375

25

R3A*  R4-1* R4B  R5B  R5D

Any other permitted

1,700

18

R3-R10*

*        In lower density growth management areas, for two-family detached and two-family zero lot line residences, where permitted, in R3A, R4-1 and R4A Districts, and for two-family semi-detached residences in R3-1, R3-2 and R4-1 Districts, the minimum lot area shall be 3,135 square feet and the minimum lot width shall be 33 feet.

However, in lower density growth management areas in the Borough of Staten Island, the following rules shall apply:

(a)        Where two or more buildings that are single- or two-family detached or semi-detached residences are located on a zoning lot, the applicable minimum lot area requirement set forth in the table in this Section shall be multiplied by the number of such buildings on the zoning lot.

(b)        The lot width requirements set forth in this Section shall be applied as set forth in the definition of lot width in Section 12-10, provided that the applicable lot width, in feet, set forth in the table shall be met along at least one street line of the zoning lot or, for corner lots, along each intersecting street line. No residence, or portion thereof, shall be permitted between opposing side lot lines where such lot lines would be nearer to one another at any point where such residence is located than the applicable minimum lot width, in feet, set forth in the table.

        

Regulations Applying in Special Situations

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, either one single-family detached residence or, where permitted, one single- or two-family residence may be developed upon a zoning lot that:

(a)        has less than the prescribed minimum lot area or lot width or, in lower density growth management areas in the Borough of Staten Island, does not comply with the provisions of Section 23-32 (Minimum Lot Area or Lot Width for Residences);

(b)        was owned separately and individually from all other adjoining tracts of land, both on December 15, 1961, and on the date of application for a building permit or, in R2X, R3A, R3X or R4A Districts, both on the effective date of establishing such district on the zoning maps and on the date of application for a building permit or, in lower density growth management areas, both on December 8, 2005, and on the date of application for a building permit; and

(c)        if developed as a two-family residence, meets the applicable density requirement of the zoning district in which such zoning lot is located.

In R1, R2, R3-1, R3A, R3X, R4-1 and R4A Districts in lower density growth management areas, the minimum lot area and lot width regulations of this Section shall apply to any zoning lot containing buildings used for:

(a)        ambulatory diagnostic or treatment health care facilities, as listed in Section 22-14 (Use Group 4), except where such zoning lot contains buildings used for hospitals, as defined in the New York State Hospital Code, or long-term care facilities ; and

(b)        child care service, as listed under the definition of school in Section 12-10 (DEFINITIONS), except where such zoning lot contains buildings used for houses of worship or, for zoning lots that do not contain buildings used for houses of worship, where the amount of floor area used for child care services is equal to 25 percent or less of the amount of floor area permitted for community facility use on the zoning lot.

The minimum lot area for such zoning lots containing ambulatory diagnostic or treatment health care facilities shall be 5,700 square feet, and the minimum lot area for such zoning lots containing child care services shall be 10,000 square feet. Where such uses are located in the same building, the minimum lot area shall be 10,000 square feet. In addition, each such zoning lot shall have a minimum lot width of 60 feet. Such lot width shall be applied as set forth in the definition of lot width in Section 12-10, provided that such lot width shall also be met along at least one street line of the zoning lot. No building, or portion thereof, shall be permitted between opposing side lot lines where such lot lines would be nearer to one another at any point than 60 feet.

23-41

Definitions

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

In all Residence Districts, the level of a yard or of a rear yard equivalent shall not be higher than curb level, except that natural grade level need not be disturbed in order to comply with this requirement. No building or other structure shall be erected above ground level in any required yard or rear yard equivalent, except as otherwise provided in Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

In all Residence Districts, the following obstructions shall be permitted within a required yard or rear yard equivalent :

(a)        In any yard or rear yard equivalent :

(1)        Air conditioning condensation units, accessory, for single- or two-family residences, provided that such units, if located between a street wall, or prolongation thereof, and a street line, are not more than 18 inches from a street wall, and fully screened from the street by vegetation;

(2)        Arbors or trellises;

(3)        Awnings and other sun control devices, provided that when located at a level higher than the first story, excluding a basement, all such awnings and other sun control devices:

(i)         shall be limited to a maximum projection from a building wall of 2 feet, 6 inches; and

(ii)        shall have solid surfaces that, in aggregate, cover an area no more than 30 percent of the area of the building wall (as viewed in elevation) from which they project;

(4)        Balconies, unenclosed, of a building containing residences subject to the applicable provisions of Section 23-13. Such balconies are not permitted in required side yards ;

(5)        Canopies;

(6)        Chimneys, projecting not more than three feet into, and not exceeding two percent of the area of, the required yard or rear yard equivalent ;

(7)        Eaves, gutters or downspouts projecting into such yard or rear yard equivalent not more than 16 inches or 20 percent of the width of such yard or rear yard equivalent, whichever is the lesser distance;

(8)        Exterior wall thickness, where such wall thickness is added to the exterior face of a building wall existing on April 30, 2012, provided the added wall thickness has a thermal resistance (R-value) of at least 1.5 per inch, and is limited to one inch of thickness for every foot of existing yard width, up to a maximum thickness of eight inches. When an open area is provided along a common lot line, then such exterior wall thickness is limited to one inch for every foot of existing open area on the zoning lot ;

Where buildings that have added exterior wall thickness, pursuant to this Section, are enlarged, such enlarged portion may similarly encroach upon required yards in order to align with the exterior walls of the existing building, provided such enlargement contains less floor area than the existing building, and there is no encroachment of floor area into a required yard ;

(9)        Fences, not exceeding four feet in height above adjoining grade in any front yard, except that for corner lots a fence may be up to six feet in height within that portion of one front yard that is between a side lot line and the prolongation of the side wall of the residence facing such side lot line ;

(10)        Fire escapes, projecting into a front yard, only in such cases where the fire escape is required for the conversion of a building in existence before December 15, 1961;

(11)        Flagpoles;

(12)        Overhanging portions of a building in R4 and R5 Districts, except R4-1, R4A, R4B, R5A, R5B or R5D Districts, which are above the first story including the basement and which project not more than three feet into the required 18-foot front yard. In no case shall the lowest level of the projected portion be less than seven feet above the level of the front yard at the face of the building. Supports for the projected portion of any building are permitted obstructions within the required front yard, provided that the total area occupied by such supports does not exceed 15 percent of the area underneath the projected portion. No support may extend beyond the three-foot projection;

(13)        Parking spaces for automobiles or bicycles, off-street, open, accessory, within a side or rear yard ;

(14)        Parking spaces, off-street, open, within a front yard, that are accessory to a building containing residences, provided that:

(i)        in R1, R2, R3-1, R3A, R3X, R4-1, R4A and R5A Districts, except in lower density growth management areas, such spaces meet all the requirements of paragraph (a) of Section 25-621 (Location of parking spaces in certain districts);

(ii)        in R3-2 Districts, R4 Districts other than R4-1, R4A and R4B Districts, and R5 Districts other than R5A, R5B and R5D Districts, such spaces meet all the requirements of paragraph (b) of Section 25-621;

(iii)        in lower density growth management areas, such spaces are non-required and are located in a driveway that accesses parking spaces that are located behind the street wall of the building or prolongation thereof;

However, no parking spaces of any kind shall be permitted in any front yard in an R4B, R5B or R5D District. Furthermore, no parking spaces of any kind shall be permitted in any front yard on a zoning lot containing an attached or semi-detached building in an R1, R2, R3A, R3X, R4A or R5A District, or in any front yard on a zoning lot containing an attached building in an R3-1 or R4-1 District;

(15)        Ramps for persons with physical disabilities;

(16)        Solar energy systems on walls existing on April 30, 2012, projecting no more than 10 inches and occupying no more than 20 percent of the surface area of the building wall (as viewed in elevation) from which it projects;

(17)        Steps, provided that such steps access only the lowest story or cellar of a building fronting on a street, which may include a story located directly above a basement ;

(18)        Swimming pools, accessory, above-grade structures limited to a height not exceeding eight feet above the level of the rear yard or rear yard equivalent. Accessory swimming pools are not permitted obstructions in any front yard ;

(19)        Terraces or porches, open;

(20)        Walls, not exceeding eight feet in height above adjoining grade and not roofed or part of a building, and not exceeding four feet in height in any front yard, except that for corner lots, a wall may be up to six feet in height within that portion of one front yard that is between a side lot line and the prolongation of the side wall of the residence facing such side lot line ;

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

(1)        Balconies, unenclosed, subject to the provisions of Section 23-13;

(2)        Breezeways;

(3)        Fire escapes;

(4)        Greenhouses, non-commercial, accessory, limited to one story or 15 feet in height above adjoining grade, whichever is less, and limited to an area not exceeding 25 percent of a required rear yard ;

(5)        Parking spaces, off-street, accessory, for automobiles or bicycles, provided that:

(i)        if accessory to a single- or two-family residence, the height of a building containing such parking spaces shall not exceed 10 feet in height above the adjoining grade and such building shall be detached from such residence. Furthermore, if located in an R1 District, such building may not be nearer than five feet to a rear lot line or side lot line. In R2A Districts, detached garages shall be included in lot coverage. In addition, solar energy systems, limited to 18 inches in height, as measured perpendicular to the roof surface, shall be permitted upon the roof of such accessory building within the rear yard ;

(ii)        if accessory to any other kind of building containing residences, the height of a building, or portion thereof, containing such parking spaces within the rear yard, shall not exceed 10 feet above adjoining grade, including the apex of a pitched roof in R3, R4 or R5 Districts, or 15 feet above curb level or base plane, as applicable, in R6, R7, R8, R9 or R10 Districts. In addition, decks, parapet walls, roof thickness, skylights, vegetated roofs, and weirs, as set forth in Section 23-62 (Permitted Obstructions), and solar energy systems, limited to 18 inches in height, as measured perpendicular to the roof surface, shall be permitted upon the roof of such accessory building within the rear yard ;

(iii)        enclosed accessory parking spaces for bicycles shall be accessory to a residence other than a single- or two-family residence, attached to a building, and the area dedicated to such spaces shall not exceed the area of bicycle parking spaces permitted to be excluded from floor area pursuant to Section 25-85 (Floor Area Exemption);

(6)        Recreational or drying yard equipment;

(7)        Sheds, tool rooms or other similar accessory buildings or other structures for domestic or agricultural storage, with a height not exceeding 10 feet above the level of the rear yard or rear yard equivalent ;

(8)        Water-conserving devices required in connection with air conditioning or refrigeration systems in buildings existing prior to May 20, 1966, if located not less than eight feet from any lot line.

(9)        any portion of a building used for residential uses other than dwelling units in Quality Housing buildings containing affordable independent residences for seniors on zoning lots meeting the criteria set forth in paragraph (a)(4) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), provided that:

(i)        such zoning lot is located in an R6 through R10 District other than an R6B, R7B or R8B District;

(ii)        the height of such building portion does not exceed one story, or 15 feet above the adjoining grade, whichever is less;

(iii)        such building portion is located within 100 feet of a wide street ; and

(iv)        such space shall be accessible to all residents of the building.

In addition, decks, parapet walls, roof thickness, skylights, vegetated roofs and weirs, as set forth in Section 23-62 (Permitted Obstructions), and solar energy systems, limited to 18 inches in height, as measured perpendicular to the roof surface, shall be permitted upon the roof of such portion of a building within the rear yard.

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

In all Residence Districts, on corner lots, enclosed accessory off-street parking spaces shall be considered permitted obstructions in any portion of a side yard which is within 30 feet of both side lot lines, provided that, in an R1 or R2A District, on a corner lot whose mean width is 45 feet or more, no structure used for such purposes shall be less than five feet from any side lot line. In R2A Districts, detached garages shall be included in lot coverage.

In all Residence Districts, on zoning lots other than corner lots, where no rear yard is required under the provisions of Sections 23-541 (Within one hundred feet of corners) or 23-542 (Along short dimension of block), enclosed accessory off-street parking spaces shall be considered permitted obstructions in any portion of a side yard that is within 30 feet of the rear lot line.

        

Basic Regulations - Front Yards

R1 R2 R3 R4 R5

(a)        In the districts indicated, front yards shall be provided as set forth in the following table, except that for a corner lot in an R1-2 District, one front yard may have a depth of 15 feet and, for a corner lot in an R3 District, one front yard may have a depth of 10 feet.

Front Yard

District

20 feet

R1

20 feet*

R1-2A

15 feet

R2 R2X R3-1 R3-2

15 feet*

R2A

10 feet*

R3A R3X R4-1 R4A R5A

10 feet**

R4 R5

5 feet*

R4B R5B R5D

*        Except as provided in paragraphs (b) and (c) of this Section

**        If the depth of a front yard exceeds 10 feet, the depth of the front yard shall be at least 18 feet. Furthermore, developments or enlargements pursuant to the optional regulations applicable in a predominantly built-up area shall provide a front yard with a depth of at least 18 feet. However, on a corner lot, if one front yard has a depth of at least 18 feet, the other front yard shall have a depth of at least 10 feet

Furthermore, if an opening to an accessory off-street parking space is located within the street wall of a building containing residences, there shall be an open area between the opening and the street line which is at least 8 feet, six inches in width by 18 feet in depth, except this provision shall not apply in R5D Districts.

R1-2A R2A R3A R3X R4-1 R4A R4B R5A R5B R5D

(b)        For the purpose of paragraphs (b) and (c) the area between the street line and the front building wall of adjacent buildings on the same or adjoining zoning lots shall be considered adjacent front yards.

Except as provided in paragraph (c) of this Section, in the districts indicated, if adjacent buildings containing residences on the same or on adjoining zoning lots fronting on the same street have front yards greater than the minimum set forth in paragraph (a) of this Section, then a front yard shall be provided which:

(1)        in R1-2A, R2A, R3A, R3X, R4-1, R4A or R5A Districts is at least as deep as an adjacent front yard ; and

(2)        in R4B, R5B or R5D Districts is no deeper than the deepest adjacent front yard and no shallower than the shallowest adjacent front yard.

However, a front yard need not exceed 20 feet in depth, except that in R1-2A Districts, a front yard need not exceed 25 feet in depth.

In determining the depth of the adjacent front yards, balconies and projections from the front building wall that do not exceed 33 percent of the width of the building shall be disregarded.

For developments or enlargements, projections into the required front yard are permitted provided that the width of all projections at the level of any story does not exceed 33 percent of the width of the building. The depth of such projections shall not exceed three feet into the front yard. However, balconies shall be subject to the provisions of Sections 23-13 (Balconies) and 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

(c)        The provisions of paragraph (b) of this Section determining the depth of a front yard by the location of a front yard on an adjacent zoning lot, are modified as follows:

(1)        on corner lots, these provisions shall apply on only one street frontage; and

(2)        these provisions shall not apply to:

(i)        any street frontage of a zoning lot where such frontage has a length of at least 150 feet along such street ;

(ii)        any zoning lot located in historic districts designated by the Landmarks Preservation Commission; or

(iii)        a frontage of any zoning lot where the depths of 50 percent of the front yards within 150 feet of the side lot lines of such zoning lot are shallower by more than two feet than the shallowest of the adjacent front yards.

R1 R2 R3 R4 R5

(d)        For any zoning lot located in a Historic District designated by the Landmarks Preservation Commission, the provisions of paragraphs (a) and (b) of this Section are modified as follows:

The depth of the front yard may vary between the requirements of paragraph (a) of this Section, or as modified in any applicable Special District, and the depth of the front yard of any adjacent zoning lot.

R1 R2 R3 R4 R5

In the districts indicated, a minimum percentage of the area of the front yard shall be planted, which shall vary by street frontage of the zoning lot as set forth in the following table. For the purposes of this Section, the front yard shall include the entire area between all street walls of the building and their prolongations and the street line. Planted areas shall be comprised of any combination of grass, groundcover, shrubs, trees or other living plant material, and shall have a minimum dimension of one foot, exclusive of any bounding walls. Any planted area within a driveway or parking space shall not qualify towards meeting the minimum planting requirements of this Section. For through lots or corner lots, the planting requirement of this Section shall be applied separately to each street frontage. For corner lots, planted areas of overlapping portions of front yards shall only be counted towards the planting requirement of one front yard. For zoning lots with multiple building segments, the planting requirement of this Section shall be applied separately to the entire area between the street wall of each building segment and the street line.

Where multiple buildings on a single zoning lot front upon the same street, the planting requirements of this Section shall be determined by the street frontage allocated to the area occupied by each such building and applied separately to the entire area between the street line and the street wall of each building and its prolongation. The allocation of planting requirements to open areas between buildings shall be determined by dividing such open area evenly, with an equal portion attributed to each building on both sides of such open area.

Any zoning lot occupied by a building constructed after April 30, 2008, shall provide planted areas in accordance with the provisions of this Section. Any zoning lot occupied by a building constructed prior to such date shall not be altered in any way that will either create new non-compliance or increase the degree of non-compliance with the provisions of this Section.

Street frontage of zoning lot, street wall width of building segment, or street frontage allocated to each of multiple buildings on a single zoning lot, as applicable

Percentage of front yard to be planted (minimum)

Less than 20 feet

20

20 to 34 feet

25

35 to 59 feet

30

60 feet or greater

50

        

Basic Regulations — Side Yards

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, side yards shall be provided on any zoning lot as specified in this Section, except as otherwise provided in the following Sections:

Section 23-48        (Special Provisions for Existing Narrow Zoning Lots)

Section 23-49        (Special Provisions for Side Lot Line Walls)

Section 23-51        (Special Provisions for Yards Adjacent to R1 Through R5 Districts)

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

(a)        Detached and zero lot line buildings

In all districts, as indicated, for zoning lots containing only single-family detached residences or, where permitted, for two-family detached residences or single- or two-family residences in zero lot line buildings, or any combination thereof, side yards shall be provided as set forth in the table in this paragraph, except that on corner lots in R1, R2, R3, R4 and R5 Districts, one side yard shall be at least 20 feet in width:

MINIMUM REQUIRED SIDE YARDS

Number Required

Required Total Width (in feet)

Required Minimum Width of any Side Yard (in feet)

District

2

35

15

R1-1

2

20

8

R1-2

2

13

5

R2  R2A  R3-1  R3-2  R4-R10

2

10*

2*

R2X  R3X  R4A  R5A

1

8*

0*

R3A  R4-1  R4B  R5B  R5D

*        Additional regulations apply pursuant to paragraph (c) of this Section

R3-1 R3-2 R4 R4-1 R4B R5

(b)        Semi-detached buildings

In the districts indicated, for zoning lots containing only single- or two-family semi-detached residences, a side yard shall be provided as set forth in the table in this paragraph, except that on corner lots, one side yard shall be at least 20 feet in width:

MINIMUM REQUIRED SIDE YARD

Feet

District

8

R3-1  R3-2  R4 R5

4*

R4-1  R4B  R5B  R5D

*        Additional regulations apply pursuant to paragraph (c) of this Section

(c)        Additional regulations

(1)        Eight-foot open area required between buildings containing residences

An open area with a minimum total width of eight feet is required between buildings containing residences on adjacent zoning lots. Such open area must be parallel to the side lot line and may be located on either one or both sides of such common side lot line. (See Figure A)

Zoning Resolutions 23-461.0

Figure A

(23-461c1)

(2)        When side yards total more than 13 feet

However, where such open area requirements result in side yards totaling more than 13 feet on the subject zoning lot, the width of such side yards may be reduced to not less than five feet, provided that the total width of both side yards on the subject zoning lot is at least 13 feet. (See Figure B)

Zoning Resolutions 23-461.1

Figure B

(23-461c2)

(3)        Permitted obstructions in open areas between buildings

Only air conditioning condensation units, chimneys, downspouts, eaves, exterior wall thickness, gutters, open accessory off-street parking spaces, ramps for access by people with disabilities, and steps as set forth in paragraph (a) of Section 23-44 shall be permitted obstructions in open areas required pursuant to paragraphs (c)(1) and (c)(2) of this Section, provided such obstructions, not including accessory off-street parking spaces, may not reduce the minimum width of the open area by more than three feet.

(4)        Minimum side yard requirements for zoning lots adjacent to certain side yards

A side yard at least five feet wide shall be provided on any zoning lot along the common side lot line of any adjacent zoning lot with an existing detached residence whose side yards total at least 13 feet in width, with both side yards on such adjacent zoning lot at least five feet in width, or with an existing semi-detached residence with a side yard at least eight feet in width. (See Figure C)

Zoning Resolutions 23-461.2

Figure C

(23-461c4)

R3-2 R4 R5 R6 R7 R8 R9 R10

In the districts indicated, except as set forth in Section 23-461 (Side yards for single- or two-family residences) or Section 23-49 (Special Provisions for Side Lot Line Walls), side yards shall be provided for all zoning lots with buildings containing residences as provided in this Section:

R3-2 R4 R5

(a)        In the districts indicated, except R4B, R5B or R5D Districts, two side yards, each with a minimum required width of eight feet, shall be provided. However, if the aggregate width of street walls of a residential building is more than 80 feet or, for abutting buildings if the combined aggregate width of street walls of all such abutting buildings on a zoning lot is more than 80 feet, then two side yards shall be provided, each equal to not less than 10 percent of such aggregate width of street walls. For zoning lots where no such buildings exceed a height of two stories and a basement, side yards need not exceed 15 feet in width.

However, on all corner lots in lower density growth management areas, one side yard shall be at least 20 feet in width.

R4B R5B R5D

(b)        In the districts indicated, no side yards are required; however, where a building containing residences on an adjacent zoning lot has a side yard, an open area with a minimum width of eight feet and parallel to the side lot line is required along the common side lot line between such buildings. Obstructions permitted pursuant to paragraph (c)(3) of Section 23-461 shall be permitted in such open areas.

R6 R7 R8 R9 R10

(c)        In the districts indicated, no side yards are required. However, if any open area extending along a side lot line is provided at any level, it shall have a minimum width of eight feet, measured perpendicular to the side lot line, and extend along the entire side lot line, except where a court is provided in accordance with the applicable provisions of Section 23-60 (HEIGHT AND SETBACK REGULATIONS). Obstructions permitted pursuant to paragraph (a) of Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) shall be permitted in such open areas.

R3-2 R4 R5

In the districts indicated, except R4B, R5B or R5D Districts, the aggregate width of street walls of a building containing residences or, for abutting buildings the combined aggregate width of street walls of all such abutting buildings on a zoning lot, shall not exceed the width set forth in the following table:

MAXIMUM AGGREGATE WIDTH OF STREET WALLS

District

Feet

R3-2

125

R4 R5

185

However, the City Planning Commission may authorize, in R4 and R5 Districts, aggregate width of street walls in excess of 185 feet, provided the Commission finds that:

(1)        the street wall is adequately articulated by such design features as variable setbacks, stoops, bay windows or changes in the heights of the buildings ; and

(2)        the development or enlargement will not be incompatible with buildings on the surrounding blocks.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

R1 R2 R3 R4 R5

(a)        In the districts indicated, if a building used for permitted non-residential uses has an aggregate width of street walls equal to 60 feet or less, two side yards shall be provided, each with a minimum required width of eight feet. If such building has an aggregate width of street walls equal to more than 60 feet, two side yards shall be provided, each equal to not less than 15 percent of the aggregate width of street walls.

R6 R7 R8 R9 R10

(b)        In the districts indicated, no side yards are required. However, if any open area extending along a side lot line is provided at any level, it shall be at least eight feet wide.

        

Basic Regulations - Rear Yards

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, a rear yard with a depth of not less than 30 feet shall be provided at every rear lot line on any zoning lot except as otherwise provided in Sections 23-52 (Special Provisions for Shallow Interior Lots), 23-53 (Special Provisions for Through Lots) or 23-54 (Other Special Provisions for Rear Yards). Rear yards shall also be provided along portions of side lot lines as set forth in Section 23-471 (Beyond one hundred feet of a street line).

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, for interior or through lot portions of corner lots, and for zoning lots bounded by two or more streets that are neither corner lots nor 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 the following rules shall apply along such rear lot line :

(a)        In all districts, a rear yard with a minimum depth of 30 feet shall be provided where such rear lot line coincides with a rear lot line of an adjoining zoning lot.

Zoning Resolutions 23-471.0

CORNER LOT

(23-471a)

(b)        In R1 through R5 Districts, a rear yard with a minimum depth of eight feet shall be provided where such rear lot line coincides with a side lot line of an adjoining zoning lot.

Zoning Resolutions 23-471.1

ZONING LOT BOUNDED BY TWO OR MORE STREETS

(NEITHER A CORNER LOT NOR A THROUGH LOT)

(23-471b)

(c)        In R6 through R10 Districts, no rear yard shall be required where such rear lot line coincides with a side lot line of an adjoining zoning lot.

        

Regulations Applying in Special Situations

        

Side Yards

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, except R2X, R3A, R3X, R4-1, R4A, R4B, R5A, R5B or R5D Districts, the required total width of side yards for a single-family detached or two-family detached residence may be reduced by four inches for each foot by which the width of a zoning lot is less than that required under the provisions of Section 23-32 (Minimum Lot Area or Lot Width for Residences) if such zoning lot :

(a)        has less than the prescribed minimum lot width ; and

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

However, in no event shall the required width of a side yard be less than five feet.

In R5D Districts, no side yards shall be required for any zoning lot having a width of less than 30 feet along a street and existing on the effective date of establishing such district on the zoning map.

R3-1 R3-2 R4 R5

In the districts indicated, except R4A and R5A Districts, a building containing residences may:

(a)        abut an existing building located along a side lot line, where such building was existing on December 15, 1961, or lawfully erected under the terms of this Resolution, provided that walls of the building containing residences and walls of the existing building shall abut for a length equal to or greater than one half of the distance between the street wall line and rear wall line of the existing building. For the purposes of this paragraph (a), an “existing building” shall not include an accessory building located on an interior or through lot ;

(b)        abut other buildings containing residences being erected at the same time on an adjoining zoning lot or zoning lots.

For such buildings containing residences, the side yard requirements shall be waived along the side lot line of the zoning lot coincident with the abutting buildings, and one side yard shall be provided along any side lot line of the zoning lot without an abutting building with a width of at least eight feet in R3-1, R3-2, R4 or R5 Districts, and four feet in R4-1, R4B or R5B Districts.

R6 R7 R8 R9 R10

In the districts indicated, the provisions of this Section shall apply to zoning lots located, wholly or partially, within an R6, R7, R8, R9 or R10 District that are adjacent to a zoning lot located wholly or partially within an R1, R2, R3, R4 or R5 District.

A side yard at least eight feet wide shall be provided along the entire length of the common side lot line. Such side yard may be used for accessory parking.

        

Rear Yards

R3 R4 R5

(a)        In the districts indicated, if an interior lot :

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

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

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

R6 R7 R8 R9 R10

(b)        In the districts indicated, if an interior lot :

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

(2)        is less than 90 feet deep at any point;

the depth of a required rear yard, or portion thereof, for such interior lot, may be reduced by six inches for each foot by which the depth of a zoning lot, or portion thereof, is less than 90 feet. However, in no event shall the minimum depth of a required yard, or portion thereof, be reduced to less than 10 feet.

(c)        Special provisions for zoning lots created after December 15, 1961

Notwithstanding the provisions of paragraph (b) of this Section, in R6 through R10 Districts, the special rear yard provisions of this Section may be applied to a zoning lot created after December 15, 1961, or portion thereof, provided that the shallow lot condition was in existence on December 15, 1961, and, subsequently, such shallow lot condition on the zoning lot, or portion thereof, has neither increased nor decreased in depth.

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the regulations of this Section shall apply to all through lots, except as provided in Section 23-471 (Beyond one hundred feet of a street line). In the case of a zoning lot occupying an entire block, no rear yard or rear yard equivalent shall be required.

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

(a)        In all districts, as indicated, no rear yard regulations shall apply to any through lots that extend less than 110 feet in maximum depth from street to street.

R6 R7 R8 R9 R10

(b)        In the districts indicated, for zoning lots containing Quality Housing buildings, no rear yard regulations shall apply to any zoning lot that includes a through lot portion that is contiguous on one side to two corner lot portions and such zoning lot occupies the entire block frontage of a street.

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, except for Quality Housing buildings in R6 through R10 Districts, the provisions for which are set forth in Section 23-533 (Required rear yard equivalents for Quality Housing buildings), on any through lot that is 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 60 feet, midway (or within five feet of being midway) between the two street lines upon which such through lot fronts;

(b)        two open areas, each adjoining and extending along the full length of a street line and each with a minimum depth of 30 feet measured from such street line, except the depth of such required open area along one street line may be decreased, provided that:

(1)        a corresponding increase in the depth of the open area along the other street line is made; and

(2)        any required front yards or front setback areas are maintained; or

(c)        an open area adjoining and extending along the full length of each side lot line with a minimum width of 30 feet measured from each such side lot line.

However, in lower density growth management areas and in R5D Districts, on any through lot at least 180 feet in maximum depth from street to street, a rear yard equivalent shall be provided only as set forth in paragraph (a) of this Section.

Any such rear yard equivalent shall be unobstructed from its lowest level to the sky, except as provided in Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

R6 R7 R8 R9 R10

For Quality Housing buildings in R6 through R10 Districts, on any through lot that is 110 feet or more in maximum depth from street to street, a rear yard equivalent consisting of an open area with a minimum depth of 60 feet midway, or within 10 feet of being midway, between the two street lines upon which such through lot fronts, shall be provided.

However, for through lots with a depth of 180 feet or less, an open area with a minimum depth equivalent to the depth required pursuant to Section 23-534 (Special provisions for shallow through lots), may be provided, and additionally, one of the following rear yard equivalents may be provided as an alternative:

(a)        two open areas, each adjoining and extending along the full length of a street line and each with a minimum depth of 30 feet measured from such street line, except the depth of such required open area along one street line may be decreased, provided that a corresponding increase in the depth of the open area along the other street line is made; or

(b)        an open area adjoining and extending along the full length of each side lot line with a minimum width of 30 feet measured from each such side lot line, except that the width of such required open area along one side lot line may be decreased, provided that a corresponding increase in the depth of the open area along the other street line is made. If an open area along a side lot line is provided, it shall be at least eight feet.

Any such rear yard equivalent shall be unobstructed from its lowest level to the sky, except as provided in Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

R6 R7 R8 R9 R10

(a)        In the districts indicated, if a through lot :

(1)        is less than 180 feet deep at any point; and

(2)        was less than 180 feet deep, both on December 15, 1961, and on the date of application for a building permit;

the depth of a required rear yard equivalent, or portion thereof, for such through lot, may be reduced by one foot for each foot by which the depth of a zoning lot, or portion thereof, is less than 180 feet. However, in no event shall the minimum depth of a required rear yard equivalent, or portion thereof, provided between two or more buildings on a single zoning lot be reduced to less than 40 feet, and in no event shall the minimum depth of such required rear yard equivalent, or portion thereof, be reduced to less than 20 feet.

(b)        Special provisions for zoning lots created after December 15, 1961

Notwithstanding the provisions of paragraph (a) of this Section, in R6 through R10 Districts, the special rear yard equivalent provisions of this Section may be applied to a zoning lot created after December 15, 1961, or portion thereof, provided that the shallow lot condition was in existence on December 15, 1961, and, subsequently, such shallow lot condition on the zoning lot, or portion thereof, has neither increased nor decreased in depth.

R6 R7 R8 R9 R10

In the districts indicated, no rear yard shall be required within 100 feet of the point of intersection of two street lines intersecting at an angle of 135 degrees or less.

R6 R7 R8 R9 R10

In the districts indicated, whenever a front lot line of a zoning lot coincides with all or part of a street line measuring less than 230 feet in length between two intersecting streets, no rear yard shall be required within 100 feet of such front lot line.

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, for zoning lots with multiple rear lot lines, if a rear yard extends from a rear lot line away from the street line which is used to determine such rear lot line, the following rules shall apply along such rear lot line :

(a)        In all districts, a rear yard with a minimum depth of 30 feet shall be provided where such rear lot line coincides with a rear lot line of an adjoining zoning lot, except as modified in Section 23-52 (Special Provisions for Shallow Interior Lots).

Zoning Resolutions 23-543.0

(23-543a)

(b)        In R1 through R5 Districts, a rear yard with a minimum depth of eight feet shall be provided where such rear lot line coincides with a side lot line of an adjoining zoning lot.

Zoning Resolutions 23-543.1

(23-543b)

(c)        In R6 through R10 Districts, no rear yard shall be required where such rear lot line coincides with a side lot line of an adjoining zoning lot.

(d)        In all districts, for portions of through lots that have multiple rear lot lines and such portions are not subject to interior lot regulations, the street line bounding the zoning lot closest to such rear lot line shall be used to determine compliance with this Section.

Zoning Resolutions 23-543.2

(23-543d)

R2X

In the district indicated, a residential building may extend 10 feet into a required rear yard or rear yard equivalent pursuant to the provisions of Section 23-631 (General provisions).

        

All Yards

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, whenever a zoning lot is divided by a boundary between districts or is subject to other regulations resulting in different yard regulations on portions of the zoning lot, the provisions set forth in Article VII, Chapter 7, shall apply.

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the regulations set forth in Section 23-543 (For zoning lots with multiple rear lot lines) may be modified in accordance with the provisions of Section 73-69 (Rear Yard Modifications).

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, height and setback regulations for a building or other structure shall be as set forth in Section 23-60, inclusive.

Height and setback regulations applicable to R1 through R5 Districts are set forth in Section 23-63. Buildings in R5D Districts shall also comply with additional provisions set forth in Article II, Chapter 8.

Height and setback regulations applicable to R6 through R10 Districts are set forth in Sections 23-64 (Basic Height and Setback Requirements), 23-65 (Tower Regulations) and 23-66 (Height and Setback Requirements for Quality Housing Buildings), as applicable.

In R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X, R10A or R10X Districts, all buildings containing residences shall comply with the bulk regulations for Quality Housing buildings set forth in Sections 23-62 (Permitted Obstructions) and 23-66. In R6, R7, R8, R9 or R10 Districts without a letter suffix, a building containing residences may be developed or enlarged pursuant to the basic height and setback requirements of Sections 23-62, 23-64 or 23-65, as applicable, or pursuant to the bulk regulations for Quality Housing buildings. All Quality Housing buildings shall also comply with additional provisions set forth in Article II, Chapter 8, as applicable.

Special height and setback provisions are set forth in Section 23-67 (Special Height and Setback Provisions for Certain Areas) for zoning lots adjoining a public park, as well as for certain areas in Community Districts 4, 6, 7 and 9 in the Borough of Manhattan. Additional provisions are set forth in Sections 23-68 (Special Provisions for Zoning Lots Divided by District Boundaries) and 23-69 (Special Height Limitations).

In all Residence Districts, except as provided in Section 23-621 (Permitted obstructions in certain districts), the obstructions listed in paragraphs (a) through (r) in this Section shall be permitted to penetrate a maximum height limit or sky exposure plane set forth in Sections 23-63 (Height and Setback Requirements in R1 Through R5 Districts), 23-64 (Basic Height and Setback Requirements), 23-66 (Height and Setback Requirements for Quality Housing Buildings) or 23-69 (Special Height Limitations):

(a)        Awnings and other sun control devices, provided that when located at a level higher than the first story, excluding a basement, all such awnings and other sun control devices:

(1)        shall be limited to a maximum projection from a building wall of 2 feet, 6 inches, except when located on the first story above a setback;

(2)        shall have solid surfaces that, in aggregate, cover an area no more than 30 percent of the area of the building wall (as viewed in elevation) from which they project; and

(3)        may rise above the permitted building height, up to the height of a parapet wall or guardrail permitted in accordance with paragraph (j) of this Section.

When located on the first story above a setback, awnings and other sun control devices shall be limited to a projection of 50 percent of the depth of the required setback, and shall be limited, in total, to 50 percent of the width of the building wall from which they project;

(b)        Balconies, unenclosed, subject to the provisions of Section 23-13;

(c)        Building columns, having an aggregate width equal to not more than 20 percent of the aggregate width of street walls of a building, to a depth not exceeding 12 inches, in an initial setback distance, optional front open area, or any other required setback distance or open area set forth in Sections 23-63, 23-64, 23-65 (Tower Regulations) or 23-66;

(d)        Chimneys or flues, with a total width not exceeding 10 percent of the aggregate width of street walls of a building at any level;

(e)        Decks, and other surfaces for recreational activities, not more than 3 feet, 6 inches in height, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher;

(f)        Dormers having an aggregate width of street walls equal to not more than 50 percent of the width of the street wall of a detached or semi-detached single- or two-family residence ;

(g)        Elevator or stair bulkheads (including shafts; and vestibules not larger than 60 square feet in area providing access to a roof), roof water tanks and accessory mechanical equipment (including enclosures), other than solar or wind energy systems, provided that:

(1)        such obstructions shall be located not less than 10 feet from the street wall of a building, except that such obstructions need not be set back more than 25 feet from a narrow street line or more than 20 feet from a wide street line. However, such restrictions on location shall not apply to elevator or stair bulkheads (including shafts or vestibules), provided the aggregate width of street walls of such bulkheads within 10 feet of a street wall, facing each street frontage, times their average height, in feet, does not exceed an area equal to four times the width, in feet, of the street wall of the building facing such frontage;

(2)        all mechanical equipment shall be screened on all sides;

(3)        such obstructions and screening are contained within a volume that complies with one of the following:

(i)        the product, in square feet, of the aggregate width of street walls of such obstructions facing each street frontage, times their average height, shall not exceed an area equal to eight feet times the width, in feet, of the street wall of the building facing such frontage; or

(ii)        the lot coverage of all such obstructions does not exceed 20 percent of the lot coverage of the building, and where the maximum permitted height of a building is less than 120 feet, such obstructions are limited to a maximum height of 25 feet, and where the maximum permitted height of a building is 120 feet or greater, such obstructions are limited to a maximum height of 40 feet.

For the purposes of this paragraph, (g), abutting buildings on a single zoning lot may be considered to be a single building ;

(h)        Exterior wall thickness, up to eight inches, where such wall thickness is added to the exterior face of a building wall existing on April 30, 2012, provided the added wall thickness has a thermal resistance (R-value) of at least 1.5 per inch. Where buildings that have added exterior wall thickness pursuant to this Section are enlarged, such enlarged portion may similarly penetrate a maximum height limit in order to align with the exterior walls of the existing building, provided such enlargement contains less floor area than the existing building, and there is no penetration of floor area above a maximum height limit;

(i)        Flagpoles or aerials;

(j)        Parapet walls, not more than four feet in height, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher. A guardrail with a surface at least 70 percent open or with an opacity no more than 30 percent (as viewed in elevation), shall be permitted above a parapet wall or within two feet of a parapet wall, provided such guardrail is not more than four feet above the accessible level of a roof. Such restriction on guardrail height shall not apply when located beyond two feet from a parapet wall;

(k)        Roof thickness, up to eight inches, to accommodate the addition of insulation, for buildings or portions of buildings constructed prior to April 30, 2012. For a building that has added roof thickness pursuant to this paragraph, an enlargement may align with the finished roof surface of such building, provided the enlarged portion does not exceed the maximum height limit by more than eight inches;

(l)        Skylights, clerestories or other daylighting devices, not more than four feet in height, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher. Such devices shall be limited to a lot coverage not greater than 10 percent of the lot coverage of the roof and be located at least eight feet from the street wall edge. However, such devices shall not be permitted obstructions above a roof with a slope greater than 20 degrees;

(m)        Solar energy systems:

(1)        on the roof of a building, up to four feet in height, as measured from the maximum height limit, or the finished level of the roof, whichever is higher;

(2)        on the roof of a building, greater than four feet in height, as measured from the maximum height limit, or the finished level of the roof, whichever is higher, provided that all such portions above four feet are set back at least six feet from a street wall, limited to a lot coverage not greater than 25 percent of the lot coverage of the roof and do not exceed:

(i)         in R1 through R5 Districts, a height of six feet;

(ii)        in R6 through R10 Districts, a height of 15 feet; and

(iii)        when located on a bulkhead or other obstruction pursuant to paragraph (g) of this Section, a height of six feet;

(3)        on walls existing on April 30, 2012, projecting no more than 10 inches and occupying no more than 20 percent of the surface area of the building wall (as viewed in elevation) from which it projects.

However, any installation on a roof with a slope greater than 20 degrees shall be limited to 18 inches in height, as measured perpendicular to the roof surface.

(n)        Vegetated roofs, not more than 3 feet, 6 inches in height, excluding vegetation, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher. On roofs with slopes greater than 20 degrees, vegetated roofs shall be limited to a height of 12 inches measured perpendicular to such roof surface;

(o)        Weirs, check dams and other equipment for stormwater management, not more than 3 feet, 6 inches in height, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher;

(p)        Wind energy systems on portions of buildings with a height of 100 feet or greater, provided:

(1)        the highest point of the wind turbine assembly does not exceed 55 feet;

(2)        no portion of the wind turbine assembly is closer than 10 feet to any lot line ; and

(3)        the diameter of the swept area of the rotor does not exceed 15 feet;

(q)        Window washing equipment mounted on a roof;

(r)        Wire, chain link or other transparent fences.

R2A R2X R3 R4 R4-1 R4A R5A

(a)        In the districts indicated, permitted obstructions are limited to chimneys, exterior wall thickness, flag poles or aerials, parapet walls, roof thickness, skylights, solar energy systems and vegetated roofs pursuant to Section 23-62. However, in R3-2 and R4 Districts, except R4-1, R4A and R4B Districts, elevator or stair bulkheads, roof water tanks and accessory mechanical equipment provided pursuant to paragraph (g) of Section 23-62 shall be permitted for buildings containing affordable independent residences for seniors.

(b)        In R2X Districts, dormers may be considered permitted obstructions if:

(1)        the aggregate width of dormers facing the street line is equal to not more than 50 percent of the width of the street wall line ;

(2)        the aggregate width of dormers facing the rear lot line is equal to not more than 50 percent of the width of the rear wall line ;

(3)        the aggregate width of dormers facing a side lot line is equal to not more than 50 percent of the width of a straight line connecting and perpendicular to the street wall line and the rear wall line ; and

(4)        on a corner lot, the aggregate width of dormers facing a side lot line is equal to not more than 50 percent of the width of the rear wall line facing such side lot line.

R6 R7 R8 R9 R10

(c)        In the districts indicated, for Quality Housing buildings, the permitted obstructions set forth in Section 23-62 shall apply to any building or other structure, except that within a required front setback distance above a maximum base height, the following rules shall apply:

(1)        Dormers shall be allowed as a permitted obstruction, provided that on any street frontage, the aggregate width of all dormers at the maximum base height does not exceed 60 percent of the width of the street wall of the highest story entirely below the maximum base height. For each foot above the maximum base height, the aggregate width of all dormers shall be decreased by one percent of the street wall width of the highest story entirely below the maximum base height.

Zoning Resolutions 23-621.0

Dormer

(23-621c, 62-341d.2)

(2)        Solar energy systems on a roof shall be limited to four feet or less in height, as measured from the maximum height limit, or the finished level of the roof, whichever is higher. However, on a roof with a slope greater than 20 degrees, such systems shall be limited to 18 inches in height as measured perpendicular to the roof surface.

(3)        Wind energy systems shall not be allowed as permitted obstructions.

(4)        Window washing equipment shall not be allowed as permitted obstructions.

Height and setback regulations for R1 through R5 Districts are set forth in this Section. Such maximum heights may only be penetrated by permitted obstructions set forth in Section 23-62.

R1 R2

(a)        In the districts indicated, except R1-2A, R2A and R2X Districts, the front wall or any other portion of a building or other structure shall not penetrate the sky exposure plane set forth in the following table:

MAXIMUM HEIGHT OF FRONT WALL AND REQUIRED FRONT SETBACKS

Height above Front Yard Line (in ft.)

Sky Exposure Plane

District

Slope over Zoning Lot (expressed as a ratio of vertical distance to horizontal distance)

Vertical Distance

Horizontal Distance

25

1 to

1

R1  R2

Zoning Resolutions 23-631.0

SKY EXPOSURE PLANE

(23-631a, 24–521)

R1-2A R2A R2X R3 R4 R4-1 R4A R5A

(b)        In the districts indicated, the height and setback of a building or other structure shall be as set forth herein except where modified pursuant to paragraphs (h) and (j) of this Section.

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. Furthermore, for the purposes of this Section, building segments may be considered to be separate buildings and abutting semi-detached buildings may be considered to be one building.

The perimeter walls of a building or other structure are those portions of the outermost walls enclosing the floor area within a building or other structure at any level and height is measured from the base plane. Perimeter walls are subject to setback regulations at a maximum height above the base plane of:

21 feet

R2A R2X R3 R4A

25 feet

R1-2A R4-1 R4 R5A

26 feet*

R3 R4-1 R4A within lower density growth management areas

*          In R3, R4-1 and R4A Districts within lower density growth management areas, where a base plane is established at a base flood elevation higher than grade, the maximum perimeter wall height shall be 21 feet above such base flood elevation or 26 feet above grade, whichever is more

Above these heights, sloping planes control the maximum height of the building or other structure requiring either a setback or a pitched roof. These planes start at the maximum permitted height of the perimeter walls and meet at a ridge line of 35 feet above the base plane. The exact locations of these planes are flexible and are determined in the steps set forth in paragraphs (b)(1) through (b)(5), as follows:

(1)        At a height of 35 feet above and parallel to the base plane, a plane is projected above the area enclosed by and including the perimeter walls of the building or other structure. A second plane (the perimeter wall plane) is projected in the same manner at a height of 21 or 25 feet above the base plane. (See Figure A)

Zoning Resolutions 23-631.1

Figure A

(23-631b1)

(2)        Each perimeter wall of the building or other structure with a horizontal dimension of eight feet or more which projects from an adjacent perimeter wall at least 18 inches may have an apex point directly above it on the 35 foot high plane. (See Figure B). The location of the apex point is flexible provided it is directly above its perimeter wall and provided a line drawn from the intersection of two perimeter walls to such an apex point does not exceed 80 degrees to the horizontal. An apex point is not required for each qualifying perimeter wall; however, the maximum number of apex points above each such wall is one.

Zoning Resolutions 23-631.2

Figure B

(23-631b2)

(3)        One "ridge line" is extended in a straight line from each apex point along the 35 foot high plane. Ridge lines which connect two apex points may cross other ridge lines. Otherwise, ridge lines which extend from only one apex point must terminate at a point of intersection with another ridge line. (See Figure C)

Zoning Resolutions 23-631.3

Figure C

(23-631b3)

(4)        Sloping planes are extended in a straight line outward and downward from each ridge line until they intersect the perimeter wall plane. Every sloping plane generated must intersect the perimeter wall plane for the full width of the ridge line from which it extends. (See Figure D). The maximum angle of pitch for any sloping plane may not exceed 80 degrees to the horizontal. Sloping planes extended from ridge lines perpendicular or within 45 degrees of being perpendicular to each other may intersect, in which case the higher plane defines the limit of the envelope. Sloping planes extended from ridge lines parallel or within 45 degrees of being parallel to each other must intersect the perimeter wall plane without intersecting each other.

Zoning Resolutions 23-631.4

Figure D

(23-631b4)

(5)        The perimeter walls are then extended vertically beyond the perimeter wall plane, up to the heights defined by the sloping planes generated in paragraph (4). (See Figure E). The perimeter walls of the building or other structure, the sloping planes and the perimeter wall extensions define the building envelope. (See Figure F). Those items listed in Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents), and roofed porches and porticoes subject to all applicable provisions, may penetrate the building envelope below the maximum permitted perimeter wall height. Eaves may extend the roof lines 18 inches beyond the exterior walls.

Zoning Resolutions 23-631.5

(23-631b5.1)

Zoning Resolutions 23-631.6

Figure E and F

(23-631b5.2)

(6)        Special Situations

(i)        For convex curved perimeter walls, the building or other structure must be within a plane curve tapering uniformly to a vertex located at a height of 35 feet. For concave curved perimeter walls, the building or other structure must lie within a plane curve extending from the maximum perimeter wall height to a ridge line parallel to the prolongation of the perimeter wall at the 35 foot level. Such plane curves may not exceed a pitch of 80 degrees in relation to a plane drawn parallel to the base plane at the maximum height of the permitted perimeter wall. (See Figure G).

Zoning Resolutions 23-631.7

Figure G

(23-631b6.i)

(ii)        In R2X Districts, at the 21 foot maximum permitted height of a perimeter wall, sloping planes are projected inwards and upwards. From a permitted front perimeter wall and from 21 feet above the base plane and 20 feet from and parallel to a rear lot line, such sloping plane shall not exceed a pitch of 45 degrees in relation to a plane drawn parallel to the base plane at a height of 21 feet. (See Figure H). Other sloping planes slope toward a ridge line at 35 feet and may not exceed a pitch of 80 degrees in relation to a plane drawn parallel to the base plane at a height of 21 feet.

Zoning Resolutions 23-631.8

Figure H

(23-631b6.ii)

R4B

(c)        In the district indicated, no portion of the building or other structure, including the apex of a roof, shall penetrate a plane 24 feet in height above the base plane.

R5

(d)        In the district indicated, except R5A, R5B and R5D Districts, no portion of a building or other structure, including the apex of a roof, may penetrate a plane 40 feet above the base plane. In addition, the maximum height of a street wall above the base plane shall be 30 feet. Above such height, a setback of 15 feet is required. Within the setback distance, no portion of the building or other structure, including the apex of a roof, may penetrate a plane rising from the maximum street wall height, at 20 degrees to the horizontal. On corner lots, the 30 foot maximum street wall height shall apply to only one street frontage. Buildings or other structures which utilize the optional regulations of Section 23-143 applying to a predominantly built-up area shall be subject to the height and setback regulations for an R5B District. The provisions of this paragraph may be modified pursuant to paragraphs (h) and (j) of this Section.

R5B

(e)        In the district indicated, no portion of a building or other structure, including the apex of a roof, may penetrate a plane 33 feet above the base plane. In addition, the maximum height of a street wall above the base plane shall be 30 feet. Above such height, no portion of the building or other structure shall penetrate a plane rising from the maximum street wall height, at 20 degrees to the horizontal, to a maximum height of 33 feet above the base plane. On corner lots, the 30 foot maximum street wall height shall apply to only one street frontage. The provisions of this paragraph may be modified pursuant to paragraph (h) of this Section.

R5D

(f)        In the district indicated, no portion of a building or other structure shall penetrate a plane 40 feet above the base plane. However, where the ground floor level of a building provides a qualifying ground floor in accordance with the supplemental provisions set forth in paragraph (b)(2) of Section 23-662, the maximum height of a building or other structure may be increased to 45 feet, or four stories, whichever is less.

R3A R4-1 R4A R4B R5B

(g)        In the districts indicated, a second story line-up is required as follows:

Where at least 75 percent of the buildings containing residences within 150 feet of the side lot lines of the zoning lot have a first story front projection that is at least 50 percent of the width of the building, the street wall shall be no closer to the street line than the second story street wall of an adjacent building containing residences facing on the same street.

Projections from the first story street wall are permitted provided that such projections are no closer to the street line than an adjacent front yard line, and such projections are no higher than 13 feet above the street wall line level. Projections from the second story street wall are permitted provided that the width of all projections at that level does not exceed 33 percent of the width of the building at the second story, and the depth of the projections does not exceed three feet.

(h)        The height and setback regulations of this Section are modified as follows:

(1)        In R3-1 and R3-2 Districts, single- or two-family detached residences on zoning lots of at least 9,500 square feet in area and at least 100 feet of frontage along a street may use the height and setback regulations applicable in an R2 District.

(2)        In the Special Ocean Parkway District, the Special Coney Island Mixed Use District, and the Special Hunters Point Mixed Use District, for buildings or other structures subject to the regulations of an R5 District other than an R5D District, no portion of a building or other structure, including the apex of a roof, may penetrate a plane 40 feet above the base plane. In addition, the maximum height of a street wall above the base plane shall be 32 feet. Above such height, a setback of 15 feet is required. Within the setback distance, no portion of the building or other structure, including the apex of a roof, may penetrate a plane rising from the maximum street wall height at 20 degrees to the horizontal. On corner lots, the 32 foot maximum street wall height shall apply to only one street frontage.

In these special districts, for developments or enlargements which utilize the optional regulations applicable to a predominantly built-up area, the maximum height of a building containing residences shall not exceed 32 feet above the base plane. Furthermore, for such developments or enlargements with pitched roofs, the midpoint of such pitched roof shall not exceed a height of 32 feet above the base plane. The provisions of this paragraph may be modified pursuant to paragraph (j) of this Section.

(3)        In accordance with Section 78-31 (Location of Buildings, Distribution of Bulk and Open Space and Modification of Height and Setbacks), buildings within a large-scale residential development may use the alternate height and setback regulations set forth in paragraphs (b)(1) through (b)(3) of Section 78-31.

R3-2 R4 R5

(i)        In R3-2 Districts, buildings containing affordable independent residences for seniors may use the height and setback regulations applicable to an R4 District, as set forth in paragraph (b) of this Section.  

(j)        In R4 and R5 Districts, except R4-1, R4A, R4B, R5A, R5B and R5D Districts, the height and setback provisions set forth in paragraphs (b) and (d) of this Section shall apply to buildings containing affordable independent residences for seniors. However, where no single-family or two-family residence existed on the zoning lot within three years prior to the issuance of a building permit for the development or enlargement of such building containing affordable independent residences for seniors, such height and setback provisions shall be modified as follows:

(1)        in R4 Districts, the height of the building shall not exceed 45 feet; and

(2)        in R5 Districts, the height of the building shall not exceed 45 feet, except that beyond 25 feet of a street line, the height of the building may be increased to a height of 55 feet where one or more of the following conditions are met:

(i)        on the date of application for a building permit for such development or enlargement, not more than 50 percent of the aggregate length of the block frontage on both sides of the street facing each other is occupied by single-family or two-family residences ;

(ii)        an existing building on the same or adjacent zoning lot of such development or enlargement has a height of 45 feet or more; or

(iii)        the zoning lot of such development or enlargement has a lot area of at least 1.5 acres.

(k)        In the districts indicated, except R4-1, R4A, R4B, R5A, R5B and R5D Districts, the City Planning Commission may authorize a building or other structure that penetrates the height and setback regulations set forth in paragraphs (b), (d) or (i) of this Section, except for buildings utilizing the optional regulations for predominantly built-up areas. As a condition for granting such authorizations, the Commission shall find that:

(1)        by concentrating permitted floor area in a building or buildings of greater height, the preservation of an existing building, topography, vegetation, or view corridors having environmental, historic or aesthetic value to the public will be assured, and that such preservation would not be possible by careful siting of lower buildings containing the same permitted floor area ; or, for affordable independent residences for seniors, the additional floor area permitted is accommodated in an efficient manner;

(2)        such modification is the least modification required to achieve the purpose for which it is granted;

(3)        the proposed modification does not impair the essential character of the surrounding area; and

(4)        the proposed modification will not have adverse effects upon light, air, and privacy of adjacent properties and of any existing buildings on the zoning lot.

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

Side and rear setbacks shall be provided as specified in this Section. Permitted obstructions in required side and rear setbacks are set forth in paragraph (a) of this Section. Required side and rear setbacks for tall buildings in certain R1 through R5 Districts are set forth in paragraph (b) and required side and rear setbacks for buildings containing non-residential uses in certain R1 through R5 Districts are set forth in paragraph (c) of this Section.

(a)        Permitted obstructions in required side and rear setbacks

Unenclosed balconies, subject to the provisions of Section 23-13 (Balconies), are permitted to project into or over any open areas required by the provisions of this Section. In addition, awnings and other sun control devices, decks, exterior wall thickness, parapet walls not more than four feet in height, roof thickness, solar energy systems up to four feet high, vegetated roofs and weirs are permitted as set forth in Section 23-62 (Permitted Obstructions). Chimneys or flues shall also be permitted, provided that the total width does not exceed 10 percent of the width of the building’s walls facing such open area.

(b)        Required side and rear setbacks for tall buildings in certain low bulk districts

R1 R2 R3 R4 R5

In R1 and R2 Districts, any portion of a building or other structure bounding a side yard or a rear yard which is more than 30 feet above the mean level of adjacent natural grade shall be set back from such side yard line or rear yard line for a distance equal to one-half the height of that portion of the building or other structure which is higher than 30 feet above the mean level of adjacent natural grade.

In R3, R4 and R5 Districts, except R5A and R5D Districts, any portion of a building or other structure bounding a side yard or a rear yard which is more than 33 feet above the level of the base plane shall be set back from such side yard line or such rear yard line for a distance equal to one-half the height of that portion of the building or other structure which is higher than 33 feet above the level of the base plane (see illustration below of R5 District Side Yard Setback).

However, the following modifications may be applied to buildings containing affordable independent residences for seniors :

(1)        no rear yard setback need be provided; and

(2)        for a side yard, the resultant setback required by the calculation above need not exceed a depth of 10 feet, as measured from the building wall fronting such side yard.

Zoning Resolutions 23-632.0

SIDE YARD SETBACK

(R5 example)

(23-632b)

(c)        Required side and rear setbacks for permitted non-residential uses in low bulk districts

R1 R2 R3 R4 R5

In the districts indicated, except R5D Districts, no portion of any building used for permitted non-residential uses which is more than 30 feet or more than three stories, whichever is less, above the level of a side yard or rear yard, shall be nearer to a side lot line or rear lot line bounding such yard than a distance equal to the height above yard level of such portion of the building.

R6 R7 R8 R9 R10

In the districts indicated without a letter suffix, for buildings other than Quality Housing buildings, the height and setback of a building or other structure shall be as set forth in Section 23-641 (Front setbacks), or 23-642 (Alternate front setbacks). In R9 and R10 Districts, towers are permitted in accordance with the provisions of Section 23-65.

R6 R7 R8 R9 R10

In the districts indicated without a letter suffix, if the front wall or other portion of a building or other structure is located at the street line or within the initial setback distance set forth in the following table, the height of such front wall or other portion of a building or other structure shall not exceed the maximum height above the street line set forth in the table. Above such specified maximum height and beyond the initial setback distance, the building or other structure shall not penetrate the sky exposure plane set forth in the table, except as otherwise provided in Sections 23-62 (Permitted Obstructions) or 23-65 (Tower Regulations).

MAXIMUM HEIGHT OF FRONT WALL AND REQUIRED FRONT SETBACKS







Initial Setback Distance

(in feet)



Maximum Height of a Front Wall or other portion of a Building or Other Structure within the Initial Setback Distance

Sky Exposure Plane








Height above Street Line (in feet)

Slope over Zoning Lot (expressed as a ratio of vertical distance to horizontal distance)

On Narrow Street

On Wide Street

On Narrow Street

On Wide Street

Vertical Distance

Horizontal Distance

Vertical Distance

Horizontal Distance

R6 or R7 Districts

20

15

60 feet or six stories, whichever is less

60

2.7

to 1

5.6

to 1

R8 R9 or R10 Districts

20

15

85 feet or nine stories, whichever is less

85

2.7

to 1

5.6

to 1

Zoning Resolutions 23-641.0

SKY EXPOSURE PLANE

R6 R7 R8 R9 R10 Districts

(23–641, 24–522, 33–432, 43–43)

R6 R7 R8 R9 R10

In the districts indicated without a letter suffix, if an open area is provided along the entire length of the front lot line with the minimum depth set forth in the table in this Section, the provisions of this Section may apply in lieu of the provisions of Section 23-641 (Front setbacks). The building or other structure shall not penetrate the sky exposure plane set forth in the table, except as otherwise provided in Sections 23-62 (Permitted Obstructions) or 23-65 (Tower Regulations).

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

ALTERNATE REQUIRED FRONT SETBACKS

Depth of Optional Front Open Area (in feet, measured perpendicular to street line)

Alternate Sky Exposure Plane




Height above Street Line (in feet)

Slope over Zoning Lot (expressed as a ratio of vertical distance to horizontal distance)

On Narrow Street

On Wide Street

On Narrow Street

On Wide Street

Vertical Distance

Horizontal Distance

Vertical Distance

Horizontal Distance

R6 or R7 Districts

15

10

60

3.7

to 1

7.6

to 1

R8 R9 or R10 Districts

15

10

85

3.7

to 1

7.6

to 1

Zoning Resolutions 23-642.0

ALTERNATE SKY EXPOSURE PLANE

R6 R7 R8 R9 R10 Districts

(23–642, 24–53, 33–442, 43–44)

R9 R10

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

LOT COVERAGE OF TOWERS ON SMALL ZONING LOTS

Area of Zoning Lot (in square feet)

Maximum Percent of Lot Coverage

10,500 or less

50

10,501 to 11,500

49

11,501 to 12,500

48

12,501 to 13,500

47

13,501 to 14,500

46

14,501 to 15,500

45

15,501 to 16,500

44

16,501 to 17,500

43

17,501 to 18,500

42

18,501 to 19,999

41

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

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

The tower-on-a-base regulations of Section 23-651 shall apply to any such building that:

(1)        contains more than 25 percent of its total floor area in residential use ; and

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

If a portion of such building is developed or enlarged with a tower the entire zoning lot shall be subject to the provisions of Section 23-651 (Tower-on-a-base).

(b)        Applicability of standard tower regulations

The standard tower regulations of Section 23-652 shall apply to any such building that does not meet the location and floor area criteria of paragraph (a) of this Section.

(c)        Inapplicability of tower regulations

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

Any development or enlargement that meets the location and floor area criteria of paragraph (a) of Section 23-65 and includes a tower shall be constructed as a tower-on-a-base, in accordance with the regulations set forth in this Section. The height of all buildings or other structures shall be measured from the base plane.

(a)        Tower regulations

(1)        At any level above a building base (referred to hereinafter as a "base"), any portion or portions of a building (referred to hereinafter as a "tower") shall occupy in the aggregate:

(i)        not more than 40 percent of the lot area of a zoning lot or, for a zoning lot of less than 20,000 square feet, the percentage set forth in the table in Section 23-65 (Tower Regulations); and

(ii)        not less than 30 percent of the lot area of a zoning lot.

However, the highest four stories of the tower or 40 feet, whichever is less, may cover less than 30 percent of the lot area of a zoning lot if the gross area of each story does not exceed 80 percent of the gross area of that story directly below it.

(2)        Any tower located above a base shall not be subject to the provisions of Section 23-64 (Basic Height and Setback Requirements).

(3)        At least 55 percent of the total floor area permitted on the zoning lot shall be located in stories located either partially or entirely below a height of 150 feet.

When the lot coverage of the tower portion is less than 40 percent, the required 55 percent of the total floor area distribution, within a height of 150 feet, shall be increased in accordance with the following requirement:

Percent of Lot Coverage of the Tower Portion

Minimum Percent of Total Building Floor Area Distribution Below the Level of 150 Feet

40.0 or greater

55.0

39.0 to 39.9

55.5

38.0 to 38.9

56.0

37.0 to 37.9

56.5

36.0 to 36.9

57.0

35.0 to 35.9

57.5

34.0 to 34.9

58.0

33.0 to 33.9

58.5

32.0 to 32.9

59.0

31.0 to 31.9

59.5

30.0 to 30.9

60.0

(4)        At all levels, such tower shall be set back from the street wall of a base at least 15 feet along a narrow street and at least 10 feet along a wide street, except that such dimensions shall include the depth of any permitted recesses in the street wall.

(5)        No tower or portion thereof shall be located on a narrow street at a distance that is more than 100 feet from the intersection with a wide street.

Unenclosed balconies, subject to the provisions of Section 23-13 (Balconies), are permitted to project into or over open areas not occupied by towers.

For the purposes of determining the permitted tower coverage and the required minimum distance between buildings or portions thereof, that portion of a zoning lot located within 125 feet from the wide street frontage along the short dimension of a block shall be treated as if it were a separate zoning lot.

(b)        Building base regulations

(1)        Street wall location

(i)        On a wide street, and on a narrow street within 125 feet of its intersection with a wide street, the street wall of the base shall occupy the entire street frontage of a zoning lot not occupied by existing buildings. At any height, at least 70 percent of the width of such street wall shall be located within eight feet of the street line, and the remaining 30 percent of such street wall may be recessed beyond eight feet of the street line to provide outer courts or balconies.

However, no such recesses shall be permitted within 20 feet of an adjacent building fronting on the same street line or within 30 feet of the intersection of two street lines.

(ii)        On a narrow street beyond 125 feet from its intersection with a wide street, no street wall of a base is required nor shall any street wall provided beyond 125 feet count toward the computation of any permitted recesses on such wall.

(iii)        Where the street wall of an adjacent building fronting on the same street line is located within 10 feet of the street line, the street wall of the base shall be either located at the street line or aligned with the street wall of the adjacent building for a distance of not less than 20 feet measured horizontally from the side wall of such existing building.

(2)        Height of street wall

All street walls of a base shall rise vertically without setback to a height of not less than 60 feet nor more than 85 feet except:

(i)        On a wide street, if the height of the street wall of an adjacent building fronting on the same street line exceeds 60 feet and if such street wall is located within 10 feet of the street line, the street wall of the base shall match the height of the street wall of the adjacent building to a maximum height of 100 feet by either of three alternatives:

(a)        the street wall of the base shall be extended vertically to the height of the adjacent building for a distance of not less than 20 feet measured horizontally from the side wall of such adjacent building ;

(b)        at least 50 percent of the width of the street wall of the base shall be extended vertically to the height of the adjacent building ; or

(c)        a dormer shall be provided pursuant to paragraph (b)(3) of this Section. Such dormer shall match the height of the adjacent building.

Such street wall of the base fronting on a wide street may be extended along a narrow street within 70 feet of its intersection with the wide street.

(ii)        On a narrow street beyond 100 feet of its intersection with a wide street, the street wall of a base shall rise vertically to a height of at least 60 feet when the adjacent building is either less than 60 feet or greater than 85 feet, or match the height of the adjacent building when the height of such building is between 60 feet and 85 feet.

For the purposes of this paragraph, (b)(2), inclusive, the height of an adjacent building shall be the height of a street wall, before setback, if applicable, of that portion of an existing building nearest the development or enlargement, fronting on the same street line, and located on the same or an adjoining zoning lot.

(3)        Dormer

For the purposes of this Section, a dormer shall be a vertical extension of the street wall of a base allowed as a permitted obstruction within a required front setback area. A dormer may be located anywhere on a wide street, and on a narrow street within 70 feet of its intersection with a wide street.

On any street frontage, the aggregate width of all dormers at the required initial setback level shall not exceed 60 percent of the width of the street wall of the highest story of the base. For each foot of height above the base, the aggregate width of all dormers at that height shall be decreased by one percent of the street wall width of the highest story of the base. Such dormer shall count as floor area but not as tower lot coverage.

(4)        Open areas

All open areas at ground level, located between the street line and the street wall of a base shall be landscaped except in front of entrances and exits to the building.

(c)        Modification of tower coverage and floor area distribution requirements

The tower lot coverage and floor area distribution requirements set forth in paragraph (a)(3) of this Section shall be modified for buildings that provide articulation of a base in accordance with the following provisions:

(1)        Recesses

Recesses shall occupy, in the aggregate, between 30 and 50 percent of the width of each eligible story of the base, and measure at least two feet in depth. In addition, the width of any individual recess provided within eight feet of the street line shall not exceed 25 percent of the width of the street wall of the base, unless such recess is provided in combination with an additional recess located beyond eight feet of the street line.

Furthermore, all recesses shall comply with the provisions of paragraph (b)(1) of this Section or paragraph (a)(1) of Section 35-64 (Special Tower Regulations for Mixed Buildings), as applicable. For each street frontage of a building with recesses provided in accordance with this paragraph, (c)(1), the percent of lot coverage of the tower portion of the building may be decreased by 0.5 percent, and the minimum percent of total building floor area distribution below a level of 150 feet may be reduced by 0.25 percent.

(2)        Dormers

For each street frontage with dormers, provided in accordance with paragraph (b)(3) of this Section, that measure, at their lowest level, at least 50 percent of the width of the street wall of the highest story of the base, and measure, at their highest level, at least 25 percent of the width of the highest story of the base, and rise at least 25 feet above the base, the percent of lot coverage of the tower portion of the building may be decreased by 0.5 percent, and the minimum percent of total building floor area distribution below a level of 150 feet may be reduced by 0.25 percent.

(3)        Matching provision

For each street frontage that provides an extension of the street wall of a base that matches the height of an adjacent building in accordance with paragraph (b)(2)(i)(b) of this Section, the percent of lot coverage of the tower portion of the building may be decreased by 0.5 percent, and the minimum percent of total building floor area distribution below a level of 150 feet may be reduced by 0.25 percent.

However, the total percent of lot coverage of the tower portion of the building shall not be decreased by more than 2.0 percent, nor shall the minimum percent of total building floor area distribution below a level of 150 feet be reduced by more than 1.0 percent.

Any development or enlargement that does not meet the location and floor area criteria of paragraph (a) of Section 23-65 and includes a tower shall be constructed as a standard tower in accordance with the regulations set forth in this Section.

At all levels, a tower shall be located not less than 15 feet from the street line of a narrow street and not less than 10 feet from the street line of a wide street.

Unenclosed balconies, subject to the provisions of Section 23-13 (Balconies), are permitted to project into or over open areas not occupied by towers.

R6 R7 R8 R9 R10

In the districts indicated, the street wall location provisions of Sections 23-661 and the height and setback provisions of Section 23-662 shall apply to Quality Housing buildings. These provisions may be modified pursuant to the provisions of either Section 23-663 (Tower regulations in R9D and R10X Districts) or 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), as applicable. Additional provisions are set forth in Section 23-665. Additional height and setback provisions for compensated developments and MIH developments, as defined in Section 23-911, are set forth in Sections 23-951 and 23-952, respectively. The height of all buildings or other structures shall be measured from the base plane.

Where the City Planning Commission grants additional height to a development or enlargement subject to the provisions of Sections 23-662 or 23-664 pursuant to an authorization or special permit of this Resolution, the Commission may, in conjunction, increase the permitted number of stories.

R6 R7 R8 R9 R10

In the districts indicated, the street wall location provisions of paragraphs (a), (b) or (c) of this Section shall apply to all Quality Housing buildings, as applicable.

Any street wall may be divided into different segments, and located at varying depths from the street line, to allow for building recesses, projections, outer courts and other forms of articulation, provided that each portion complies with the applicable street wall location provisions of paragraphs (a), (b) or (c) of this Section. Recesses, projections and other forms of articulation beyond the street wall locations established in paragraphs (a), (b) or (c) are permitted only in accordance with paragraph (d) of this Section.

R6A R7A R7D R7X R9D

(a)        In the districts indicated, for all buildings, and for Quality Housing buildings on wide streets in R6 or R7 Districts without a letter suffix, the following shall apply:

(1)        The street wall shall be located no closer to the street line than the closest street wall, or portion thereof, of an existing adjacent building on the same or an adjoining zoning lot located on the same street frontage, that is both within 10 feet of the street line and within 25 feet of such Quality Housing building. Where such existing adjacent building, or portion thereof, has street walls located at varying depths, the street wall shall not be located closer to the street line than the furthest portion of such existing adjacent street wall that is at least five feet in width.

(2)        On corner lots, the street wall location provisions of paragraph (a)(1) shall apply along only one street line.

R6B R7B R8B

(b)        In the districts indicated, for all buildings, and for Quality Housing buildings on narrow streets in R6 and R7 Districts without a letter suffix, the following shall apply:

(1)        On zoning lots with at least 50 feet of frontage along a street line, the street wall shall be located no closer to the street line than the closest street wall, or portion thereof, of an existing adjacent building on the same or an adjoining zoning lot located on the same street frontage, that is both within 15 feet of the street line and within 25 feet of such Quality Housing building. Where such existing adjacent building, or portion thereof, has street walls located at varying depths, the street wall shall not be located closer to the street line than the furthest portion of such existing adjacent street wall that is at least five feet in width.

(2)        On zoning lots with less than 50 feet of frontage along a street line, the street wall shall be located no closer to the street line than the closest street wall, or portion thereof, nor further from the street line than the furthest street wall, or portion thereof, of an existing adjacent building on the same or an adjoining zoning lot located on the same street frontage that is both within 15 feet of the street line and within 25 feet of such Quality Housing building. Where such existing adjacent building, or portion thereof, has street walls located at varying depths, the street wall shall not be located closer to the street line than the furthest portion of such existing adjacent street wall that is at least five feet in width.

(3)        On corner lots, the street wall regulations of (b)(1) or (b)(2), as applicable, shall apply along both street frontages, except that along one street line the street wall need not be located farther from the street line than five feet.

R8A R8X R9A R9X R10A R10X

(c)        In the districts indicated, for all buildings, and for Quality Housing buildings in R8 or R9 Districts without a letter suffix, and in other R10 Districts, the following shall apply:

(1)        Along wide streets and along narrow streets within 50 feet of their intersection with a wide street the street wall shall extend along the entire street frontage of a zoning lot. At least 70 percent of the aggregate width of street walls shall be located within eight feet of the street line and extend to at least the mi