Chapter 3 - Bulk Regulations for Commercial or Community Facility Buildings in Commercial Districts

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

The bulk regulations of this Chapter apply to commercial buildings, community facility buildings or buildings used partly for commercial use and partly for community facility use, on any zoning lot or portion of a zoning lot located in any Commercial District, including all developments or enlargements. As used in this Chapter, the term "any building" shall therefore not include a residential building or a mixed building, the bulk regulations for which are set forth in Article III, Chapter 4, and Article III, Chapter 5, respectively. 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 community facility uses in large-scale residential developments are set forth in Article VII, Chapter 8 and special regulations applying to large-scale community facility developments are set forth in Article VII, Chapter 9.

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

All C6-1A Districts shall comply with the regulations of C6-1 Districts except as set forth in Sections 33-12, paragraph (c), 33-13, paragraph (b) and 33-15, paragraph (a).

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 Conversion Within Existing Buildings), unless such conversions meet the requirements for residential development 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.

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

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

The provisions of this Section shall apply to buildings containing long-term care facilities or philanthropic or non-profit institutions with sleeping accommodations, as listed in Use Group 3.

(a)        Buildings containing long-term care facilities

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

In C1 or C2 Districts mapped within R1 or R2 Districts, where a long-term care facility is permitted pursuant to Section 74-901, the bulk regulations of this Chapter shall apply. The maximum floor area ratio for such long-term care facilities shall not exceed the applicable floor area ratio of paragraph (b) of Section 33-121 (In districts with bulk governed by Residence District bulk regulations), except as permitted by the City Planning Commission pursuant to Section 74-902 (Certain community facility uses in R1 and R2 Districts and certain Commercial Districts).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(c)        Applicability of Quality Housing Program elements

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

33-02

Definitions

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

C1 C2 C3 C4 C5 C6 C7 C8

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 Hudson Yards District;

Special Little Italy 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.

The street frontage used to calculate the number of required trees may exclude the street frontage occupied by curb cuts serving uses listed in Use Groups 16B, 16C and 16D.

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 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 33-121        (In districts with bulk governed by Residence District bulk regulations)

Section 33-431        (In C1 or C2 Districts with bulk governed by surrounding Residence District)

Section 36-21        (General Provisions)

Section 36-231        (In districts with high, medium or low parking requirements)

Section 36-27        (Waiver for Certain Small Zoning Lots)

Section 36-521        (Size of spaces)

Section 36-581        (Special parking regulations for certain community facility uses in the Borough of Staten Island and Community District 10 in the Borough of the Bronx)

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 73-125        (Ambulatory diagnostic or treatment health care facilities)

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

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

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 128-052        (Applicability of Article I, Chapter 2)

33-11

Definitions

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

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, for any zoning lot, the maximum floor area ratio shall not exceed the floor area ratio set forth in this Section, except as otherwise provided in the following Sections:

Section 33-13        (Floor Area Bonus for a Public Plaza)

Section 33-14        (Floor Area Bonus for Arcades)

Section 33-15        (Floor Area Bonus for Front Yards)

Section 33-16        (Special Provisions for Zoning Lots Divided by District Boundaries)

Any given lot area shall be counted only once in determining the floor area ratio.

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.

Except where authorized by express provisions of this Resolution, the maximum floor area ratio shall not exceed the amount set forth in this Section by more than 20 percent.

In addition, the following limitations on maximum permitted floor area shall apply:

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

(a)        In contextual Commercial Districts

In the districts indicated, and in C1 and C2 Districts mapped within R9A, R9D, R9X, R10A or R10X Districts, no floor area bonuses are permitted.

(b)        In Community Board 7, Borough of Manhattan

Within the boundaries of Community Board 7 in Manhattan, in R10 equivalent Commercial Districts without a letter suffix, the maximum floor area ratio shall not exceed 10.0.

(c)        In C6-1A Districts

In C6-1A Districts, the maximum floor area ratio shall not exceed the amount set forth in this Section by more than 50 percent.

(d)        In C6-4X Districts

In C6-4X Districts, a floor area bonus shall only be permitted for a public plaza pursuant to Section 33-13.

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

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

MAXIMUM FLOOR AREA RATIO

District

Column A

For Zoning Lots Containing only Commercial Use

Column B

For Zoning Lots Containing only Community Facility Use

Column C

For Zoning Lots Containing both Commercial and Community Facility Uses

R1 R2

1.00

0.50

1.00

R3-1 R3A R3X

1.00

1.00

1.00

R3-2

1.00

1.60

1.60

R4 R5

1.00

2.00

2.00

R5D R6B

2.00

2.00

2.00

R6A R7B

2.00

3.00

3.00

R7A R8B

2.00

4.00*

4.00

R7D

2.00

4.20

4.20

R6 R7-1

2.00

4.80

4.80

R7X

2.00

5.00

5.00

R7-2 R8 R8A

2.00

6.50

6.50

R8X

2.00

6.00

6.00

R9

2.00

10.00

10.00

R9A

2.00

7.50

7.50

R9D

2.00

9.00

9.00

R9X

2.00

9.00

9.00

R10

2.00

10.00

10.00

________

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

In addition, the following provisions shall apply:

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

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

(c)        In C1 and C2 Districts mapped within R1, R2, R3-1, R3A and R3X Districts in the Borough of Staten Island and in Community District 10 in the Borough of the Bronx, the maximum floor area ratio for any zoning lot containing a building used for ambulatory diagnostic or treatment health care facilities, as listed in Section 22-14 (Use Group 4), or child care services, as listed under the definition of school in Section 12-10 (DEFINITIONS) shall be 1.2.

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

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

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

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

Districts

Maximum Floor Area Ratio

C3

0.50

C4-1 C8-1

1.00

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C7 C8-2 C8-3

2.00

C4-2A C4-3A

3.00

C4-2 C4-2F C4-3 C4-4 C4-4D C4-5 C4-6

3.40

C4-4A C4-4L C4-5A C4-5X C5-1

4.00

C4-5D

4.20

C8-4

5.00

C6-1 C6-2 C6-3

6.00

C6-3D

9.00

C4-7 C5-2 C5-4 C6-4 C6-5 C6-8

10.00

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

15.00

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

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

Districts

Maximum Floor Area Ratio

C3

1.00

C4-1

2.00

C8-1

2.40

C4-2A C4-3A

3.00

C1-6A C2-6A C4-4A C4-4L C4-5A

4.00

C4-5D

4.20

C4-2 C4-3 C8-2

4.80

C4-5X

5.00

C6-1A

6.00

C1-6 C1-7 C2-6 C4-2F C4-4 C4-4D C4-5 C6-1 C6-2 C8-3 C8-4

6.50

C1-8A C2-7A C6-3A

7.50

C1-8X C2-7X C6-3D C6-3X

9.00

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

10.00

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

15.00

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

In addition, the following provisions shall apply:

(a)        In all Commercial Districts except C8 Districts, or districts with a residential equivalent of an R10 District, for any zoning lot containing philanthropic or non-profit institutions with sleeping accommodations, the total floor area used for such community facility use shall not exceed the amount as set forth in paragraph (b) of Section 24-111 (Maximum floor area ratio for certain community facility uses) or, for Quality Housing buildings, as set forth in Section 23-153, applying the equivalent Residence District (indicated in Section 34-112) for the Commercial District in which such use is located, unless modified pursuant to Section 74-903 (Certain community facility uses in R3 to R9 Districts and certain Commercial Districts).

(b)        The maximum floor area ratio for any zoning lot used partly for commercial use and partly for philanthropic or non-profit institutions with sleeping accommodations in Commercial Districts other than C8 Districts, or Commercial Districts with a residential equivalent of an R10 District, shall not exceed the amount permitted for a zoning lot containing commercial uses by the applicable district regulations. However, for the districts in which the allowable floor area ratio, as set forth in paragraph (b) of Section 24-111 or, for Quality Housing buildings, as set forth in Section 23-153, exceeds the amount permitted for a zoning lot containing commercial uses, the provisions of paragraph (b) of Section 24-111 or Section 23-153, as applicable, shall be used to compute the maximum floor area permissible for the zoning lot unless modified pursuant to Section 74-903.

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

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

(b)        Kiosks and open air cafes

Kiosks and open air cafes may be placed within an existing publicly accessible open area for which a floor area bonus has been received by certification, pursuant to Section 37-73 (Kiosks and Open Air Cafes).

(c)        Nighttime closing of existing public open areas

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

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

In all Commercial Districts, no existing publicly accessible open area or other public amenity, open or enclosed, for which a floor area bonus has been utilized, shall be eliminated or reduced in size, except by special permit of the City Planning Commission, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).

C1-8 C1-9 C2-7 C2-8

(a)        Zoning lots containing community facility uses

In the districts indicated, and in other C1 or C2 Districts when mapped within R9 or R10 Districts, for zoning lots containing community facility uses, for each square foot of public plaza provided in accordance with Section 37-70, inclusive, the total floor area permitted on that zoning lot under the provisions of Section 33-12 (Maximum Floor Area Ratio) for a zoning lot containing only community facility uses or both commercial and community facility uses, may be increased by six square feet.

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

(b)        Zoning lots containing only commercial uses

In the districts indicated, for zoning lots containing only commercial uses, for each square foot of public plaza provided in accordance with Section 37-70, inclusive, the total floor area permitted on that zoning lot under the provisions of Section 33-12 for a commercial use may be increased as set forth in the following table:

Districts

Permitted Additional Square Feet of Floor Area per Square Foot of Public Plaza

C5-3 C5-5

C6-6 C6-7 C6-9

10 square feet

C4-7 C5-2 C5-4

C6-1A C6-4 C6-5 C6-8

6 square feet

C6-1 C6-2 C6-3

4 square feet

        

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

(c)        Zoning lots containing community facility uses or both commercial and community facility uses

In the districts indicated, for zoning lots containing only community facility uses or both commercial and community facility uses, for each square foot of public plaza provided in accordance with Section 37-70, inclusive, the total floor area permitted on that zoning lot under the provisions of Section 33-12 may be increased as set forth in the following table:

Districts

Permitted Additional Square Feet of Floor Area per Square Foot of Public Plaza

C5-3 C5-5

C6-6 C6-7 C6-9

10 square feet

C4-6 C4-7

C5-1 C5-2 C5-4 C6-3 C6-4 C6-5 C6-8

6 square feet

C6-1 C6-2

4 square feet

C4-7 C5-2 C5-3 C5-4 C5-5 C6

(a)        In the districts indicated, for zoning lots containing commercial uses, for each square foot of arcade provided on a zoning lot in accordance with the provisions of Section 37-80 (ARCADES), the total floor area permitted on that zoning lot under the provisions of Section 33-12 (Maximum Floor Area Ratio) for a zoning lot containing only commercial uses may be increased as set forth in the following table:

FLOOR AREA BONUS

Districts

Permitted Additional Square Feet of Floor Area per Square Foot of Arcade

C4-7 C5-2 C5-3 C5-4 C5-5 C6-1A C6-4 C6-5 C6-6

C6-7 C6-8 C6-9

3 square feet

C6-1 C6-2 C6-3

2 square feet

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

(b)        In the districts indicated, and in C1 or C2 Districts when mapped within an R9 or R10 District, for zoning lots containing community facility uses, for each square foot of arcade provided on a zoning lot in accordance with the provisions of Section 37-80, the total floor area permitted on that zoning lot under the provisions of Section 33-12 for a zoning lot containing only community facility uses or both commercial and community facility uses may be increased as set forth in the following table:

FLOOR AREA BONUS

Districts

Permitted Additional Square Feet of Floor Area per Square Foot of Arcade

C1 or C2 when mapped within R9 or R10

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

3 square feet

C6-1 C6-2

2 square feet

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

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

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

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

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

        

MAXIMUM FLOOR AREA RATIO

Districts

Maximum Floor Area Ratio

Within R1, R2, R3-1, R3A or R3X Districts

1.60

Within R4 or R5 Districts

2.40

C3 C4-1

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

Districts

Maximum Floor Area Ratio

C3

1.60

C4-1

2.40

Regulations Applying to Special Situations

C1 C2 C3 C4 C5 C6 C7 C8

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 maximum floor area ratios on portions of the zoning lot, the provisions set forth in Article VII, Chapter 7, shall apply.

33-21

Definitions

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

In all Commercial Districts, the level of a yard or of a rear yard equivalent shall not be higher than curb level. However, this Section shall not be construed to require that natural grade level 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 33-23 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

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

(a)        In any yard or rear yard equivalent:

(1)        Arbors or trellises;

(2)        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;

(3)        Canopies;

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

(5)        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;

(6)        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;

(7)        Fences;

(8)        Flagpoles;

(9)        Parking spaces for automobiles or bicycles, off-street, open, accessory;

(10)        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;

(11)        Steps, and ramps for people with disabilities;

(12)        Terraces or porches, open;

(13)        Walls, not exceeding eight feet in height and not roofed or part of a building.

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

(1)        Balconies, unenclosed, subject to the provisions of Section 24-166;

(2)        Breezeways;

(3)        Any building or portion of a building used for any permitted use other than residences, except that any portion of a building containing rooms used for living or sleeping purposes (other than a room in a hospital used for the care or treatment of patients) shall not be a permitted obstruction, and provided that the height of such building shall not exceed one story, excluding basement, nor in any event 23 feet above curb level. In addition, decks, parapet walls, roof thickness, skylights, vegetated roofs, and weirs, pursuant to Section 33-42 (Permitted Obstructions), shall be permitted above such a building, or portion thereof;

(4)        Fire escapes;

(5)        Parking spaces for automobiles or bicycles, off-street, accessory, provided that the height of an accessory building used for such purposes and located in a required rear yard or rear yard equivalent shall not exceed 23 feet above curb level. In addition, decks, parapet walls, roof thickness, skylights, vegetated roofs, and weirs, as set forth in Section 33-42, shall be permitted above such an accessory building, or portion thereof;

(6)        Solar energy systems:

(i)        on the roof of a building permitted as an obstruction to such yard, up to four feet in height as measured perpendicular to the roof surface when located above a permitted commercial or community facility use or attached parking structure;

(ii)        on the roof of a building permitted as an obstruction to such yard, shall be limited to 18 inches in height as measured perpendicular to the roof surface when located above a shed or detached parking structure, or on any roof with a slope greater than 20 degrees;

(iii)        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;

(7)        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.

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

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, no side yards are required. However, if an open area extending along a side lot line is provided at any level, it shall be either:

(a)        at least eight feet wide at every point; or

(b)        at least five feet wide at every point, with an average width of eight feet, such average being the mean of the width of the open area at its narrowest point and its width at its widest point, provided that:

(1)        such widest point shall be on a street line;

(2)        no portion of a building shall project beyond a straight line connecting such two points; and

(3)        in the case of a zoning lot bounded by a side lot line extending from street to street, such average shall be computed and such open area shall be provided as though each half of such side lot line bounded a separate zoning lot.

Permitted obstructions pursuant to paragraph (a) of Section 33-23 (Permitted Obstructions in Required Yards or Rear Yard Equivalents), shall be permitted in such open areas.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, a rear yard with a depth of not less than 20 feet shall be provided at every rear lot line on any zoning lot except as otherwise provided in Sections 33-27 (Special Provisions for Shallow Interior Lots), 33-28 (Special Provisions for Through Lots) or 33-30 (OTHER SPECIAL PROVISIONS FOR REAR YARDS). Rear yards shall also be provided along portions of side lot lines as set forth in Section 33-261 (Beyond one hundred feet of a street line).

C1 C2 C3 C4 C5 C6 C7 C8

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

Zoning Resolutions 33-261.0

CORNER LOT

(33-261.1, 43-261.1)

Zoning Resolutions 33-261.1

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

        

Regulations Applying to Special Situations

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, if an interior lot consists entirely of a tract of land:

(a)        which 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

(b)        which is less than 70 feet deep;

the depth of a required rear yard for such interior lot may be reduced by one foot for each two feet by which the maximum depth of such interior lot is less than 70 feet. No rear yard is required on any interior lot with a maximum depth of 50 feet or less.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the regulations of this Section shall apply to all through lots. In the case of a zoning lot occupying an entire block, no rear yard or rear yard equivalent shall be required.

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

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

C1 C2 C3 C4-1 C7 C8-1 C8-2 C8-3

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

C1 C2 C3 C4-1 C7 C8-1 C8-2 C8-3

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

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

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

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

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

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, open areas shall be provided in accordance with the provisions of this Section along the boundaries of Residence Districts except where such district boundaries are also the boundaries of railroad rights-of-way or cemeteries.

C1 C2 C3 C4 C5 C6 C7 C8

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

Districts

Required Width or Depth of Yard (in feet)

C1 C2 C3 C4 C5 C6 C7

8

C8

15

Zoning Resolutions 33-291.0

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

C1 C2 C3 C4 C5 C6 C7 C8

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

REQUIRED DEPTH OF YARD

Districts

Maximum Level of Yard

Depth

(in feet)

C1 C2 C3 C4 C5 C6 C7

23 feet above curb level

30

C8

Curb level

30

Zoning Resolutions 33-292.0

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

C1 C2 C3 C4 C5 C6 C7 C8

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

Districts

Required Width of Yard (in feet)

C1 C2 C3 C4 C5 C6 C7

8

C8

15

Zoning Resolutions 33-293.0

REQUIRED YARD ALONG DISTRICT BOUNDARIES
(33 - 293)

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as 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.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as 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.

C1 C2 C3 C4 C5 C6 C7 C8

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:

(a)        A rear yard with a minimum depth of 20 feet shall be provided where such rear lot line coincides with a rear lot line of an adjoining zoning lot.

Zoning Resolutions 33-303.0

(33-303a)

(b)        No rear yard shall be required where such rear lot line coincides with a side lot line of an adjoining zoning lot.

(c)        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 33-303.1

(33-303c)

C5-5 C6-8 C6-9

(a)        In the districts indicated, the regulations set forth in Sections 33-26 through 33-30, inclusive, relating to rear yard regulations, may be modified in accordance with the provisions of Section 73-68 (Height and Setback and Yard Modifications).

C1 C2 C3 C4 C5 C6 C7 C8

(b)        In all districts, the regulations set forth in Section 33-303 (For zoning lots with multiple rear lot lines) may be modified in accordance with the provisions of Section 73-69 (Rear Yard Modifications).

All buildings in Commercial Districts shall comply with the height and setback regulations set forth in this Section, inclusive. However, the height and setback regulations of this Section, inclusive, shall not apply in C1 and C2 Districts mapped within R6 through R10 Districts with a letter suffix, and in C1-6A, C1-7A, C1-8A, C1-8X, C1-9A, C2-6A, C2-7A, C2-7X, C2-8A, C4-2A, C4-3A, C4-4A, C4-4D, C4-4L, C4-5A, C4-5D, C4-5X, C4-6A, C4-7A, C5-1A, C5-2A, C6-2A, C6-3A, C6-3D, C6-3X, C6-4A or C6-4X Districts. In lieu thereof, all buildings in such districts shall comply with the applicable residential height and setback regulations for Quality Housing buildings set forth in Article II, Chapter 3, as modified by Article III, Chapter 5.  

33-41

Definitions

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

In all Commercial Districts, the following obstructions shall be permitted and may thus penetrate a maximum height limit or sky exposure planes, as set forth in Sections 33-43 (Maximum Height of Walls and Required Setbacks), 33-44 (Alternate Front Setbacks) or 33-491 (Limited Height Districts):

(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 24-166;

(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 33-43, 33-44 or 33-45 (Tower Regulations);

(d)        Chimneys or flues, with a total width not exceeding 10 percent of the aggregate width of street walls of a building at any given 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)        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 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, (f), abutting buildings on a single zoning lot may be considered to be a single building;

(g)        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;

(h)        Flagpoles or aerials;

(i)        House of worship towers, ornamental, having no floor area in portion of tower penetrating such height limit or sky exposure plane;

(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 of not 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)        Rooftop greenhouses, permitted pursuant to Section 75-01 (Certification for Rooftop Greenhouses);

(m)        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;

(n)        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 Commercial Districts mapped within R1 through R5 Districts and in C3 and C4-1 Districts, a height of six feet;

(ii)        in all other Commercial Districts and Commercial Districts mapped within R6 through R10 Districts, a height of 15 feet; and

(iii)        when located on a bulkhead or other obstruction pursuant to paragraph (f) 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;

(o)        Spires or belfries;

(p)        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;

(q)        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;

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

(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)        in districts where new residences or new joint living-work quarters for artists are allowed as-of-right or by special permit or authorization, or within 100 feet of such districts, the diameter of the swept area of the rotor does not exceed 15 feet;

(s)        Window washing equipment mounted on a roof;

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

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, 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 this Section, the height of such front wall or other portion of a building or other structure shall not exceed the maximum height above curb level set forth in this Section. 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 this Section. The regulations of this Section shall apply except as otherwise provided in Sections 33-42 (Permitted Obstructions), 33-44 (Alternate Front Setbacks), 33-45 (Tower Regulations), 33-49 (Special Height Limitations), inclusive, 74-85 (Special Height and Setback Regulations) or 85-04 (Modifications of Bulk Regulations).

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

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

MAXIMUM HEIGHT OF FRONT WALL AND REQUIRED FRONT SETBACKS

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 the  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

Within R1, R2, R3, R4, R5, R5A or R5B Districts

20

15

30 feet or two stories, whichever is less

30

1

to 1

1

to 1

Within R6 or R7 Districts

20

15

60 feet or four stories, whichever is less

60

2.7

to 1

5.6

to 1

Within R8, R9 or R10 Districts

20

15

85 feet or six stories, whichever is less

85

2.7

to 1

5.6

to 1

However, in accordance with the provisions of Section 32-42 (Location Within Buildings), no commercial building or portion thereof occupied by non-residential uses listed in Use Groups 6A, 6B, 6C, 6F, 7, 8, 9 or 14 shall exceed in height 30 feet or two stories, whichever is less.

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

In C1 or C2 Districts mapped within R1, R2 or R3 Districts in the Borough of Staten Island or in Community District 10 in the Bronx, for buildings containing ambulatory diagnostic or treatment health care facilities, as listed in Section 22-14 (Use Group 4), or child care services, as listed under the definition of school in Section 12-10 (DEFINITIONS), the maximum height of a front wall or other portion of a building within the initial setback distance shall be 35 feet, or three stories, whichever is less. However, such increased height shall only be permitted beyond 20 feet of a Residence District boundary or beyond 20 feet of any portion of a building containing a residential use located in a Commercial District.

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

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

MAXIMUM HEIGHT OF FRONT WALL AND REQUIRED FRONT SETBACKS

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 the  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

Within C3 C4-1 C8-1 Districts

20

15

30 feet or two stories, whichever is less

30

1

to 1

1

to 1

Within C1-6 C2-6 C4-2 C4-3 C4-4 C4-5 C7 C8-2 C8-3 Districts

20

15

60 feet or four stories, whichever is less

60

2.7

to 1

5.6

to 1

Within C1-7 C1-8 C1-9 C2-7 C2-8 C4-2F C4-6 C4-7 C5 C6 C8-4 Districts

20

15

85 feet or six stories, whichever is less

85

2.7

to 1

5.6

to 1

However, in accordance with the provisions of Section 32-42 (Location within Buildings), in C1, C2 or C3 Districts, no commercial building, or portion thereof, occupied by non-residential uses listed in Use Group 6A, 6B, 6C, 6F, 7, 8, 9 or 14 shall exceed in height 30 feet or two stories, whichever is less.

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

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

Zoning Resolutions 33-432.0

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

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

(b)         Within the boundaries of Community District 9 in the Borough of Manhattan, all buildings located in R8 Districts north of West 125th Street shall be developed or enlarged pursuant to Section 23-674 (Special height and setback regulations for certain sites in Community District 9, Borough of Manhattan).

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

C1 C2 C3 C4 C5 C6 C7 C8

In all districts as indicated, for buildings other than Quality Housing buildings, if an open area is provided along the full length of the front lot line with the minimum depth set forth in this Section, the provisions of Section 33-43 (Maximum Height of Walls and Required Setbacks) shall not apply. The minimum depth of such open area shall be measured perpendicular to the front lot line. However, in such instances, except as otherwise provided in Sections 33-42 (Permitted Obstructions), 33-45 (Tower Regulations) or 85-04 (Modifications of Bulk Regulations), no building or other structure shall penetrate the alternate sky exposure plane set forth in this Section, and the sky exposure plane shall be measured from a point above the street line.

If the open area provided under the terms of this Section is a public plaza, such open area may be counted for the bonus provided for a public plaza in the districts indicated in Section 33-13 (Floor Area Bonus for a Public Plaza).

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

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

ALTERNATE REQUIRED FRONT SETBACKS

Depth of Optional Front Open Area
(in feet)

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

Within R1, R2, R3, R4, R5, R5A or R5B Districts

15

10

30

1.4

to 1

1.4

to 1

Within R6 or R7 Districts

15

10

60

3.7

to 1

7.6

to 1

Within R8, R9 or R10 Districts

15

10

85

3.7

to 1

7.6

to 1

However, in accordance with the provisions of Section 32-42 (Location within Buildings), no commercial building, or portion thereof, occupied by non-residential uses listed in Use Group 6A, 6B, 6C, 6F, 7, 8, 9 or 14 shall exceed in height 30 feet or two stories, whichever is less.

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

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

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

ALTERNATE REQUIRED FRONT SETBACKS

Depth of Optional Front Open Area
(in feet)

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

Within C3 C4-1 C8-1 Districts

15

10

30

1.4

to 1

1.4

to 1

Within C1-6 C2-6 C4-2 C4-3 C4-4 C4-5 C7 C8-2 C8-3 Districts

15

10

60

3.7

to 1

7.6

to 1

Within C1-7 C1-8 C1-9 C2-7 C2-8 C4-2F C4-6 C4-7 C5 C6 C8-4 Districts

15

10

85

3.7

to 1

7.6

to 1

However, in accordance with the provisions of Section 32-42 (Location Within Buildings), in C1, C2 or C3 Districts, no commercial building or portion thereof occupied by uses listed in Use Group 6A, 6B, 6C, 6F, 7, 8, 9 or 14 shall exceed in height 30 feet or two stories, whichever is less.

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

Zoning Resolutions <a class='sec-link-inline' target='_blank' href='/article-iii/chapter-3#33-442'>33-442</a>.0

ALTERNATE SKY EXPOSURE PLANE

(23-64, 24-53, 33-442, 43-44)

        

Supplementary Regulations

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

In the districts indicated, any buildings or portions thereof which in the aggregate occupy not more than 40 percent of the lot area of a zoning lot or, for zoning lots of less than 20,000 square feet, the percent set forth in Section 33-454 (Towers on small lots), may penetrate an established sky exposure plane. (Such building or portion thereof is hereinafter referred to as a tower.) At any given level, except where the provisions set forth in Section 33-455 (Alternate regulations for towers on lots bounded by two or more streets) or 33-456 (Alternate setback regulations on lots bounded by two or more streets) or 33-457 (Tower setbacks on narrow blocks) are applicable and where the option is taken to be governed by such provisions, such tower may occupy any portion of the zoning lot not located less than 15 feet from the street line of a narrow street, or less than 10 feet from the street line of a wide street, provided that the aggregate area so occupied within 50 feet of a narrow street shall not exceed 1,875 square feet and the aggregate area so occupied within 40 feet of a wide street shall not exceed 1,600 square feet.

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

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

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

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

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

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

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

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

LOT COVERAGE OF TOWERS ON SMALL ZONING LOTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

TOWER SETBACKS ON NARROW BLOCKS

Reduction of Required Tower Setback

Minimum Setback for Tower Built under Provisions of this Section

On narrow street

30 percent or 10 feet, whichever is less

15 feet

On wide street

40 percent or 10 feet, whichever is less

10 feet

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, a public park with an area of between one and 15 acres shall be considered a wide street for the purpose of applying the front height and setback regulations specified in Section 33-43 (Maximum Height of Walls and Required Setbacks) to any building or other structure on a zoning lot adjoining such public park. However, this Section shall not apply to a public park more than 75 percent of which is paved.

C5-5 C6-8 C6-9 C8

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

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, for certain community facility uses in specified situations, the Board of Standards and Appeals may modify the regulations set forth in Sections 33-40 through 33-45, inclusive, relating to Height and Setback Regulations in accordance with the provisions of Section 73-64 (Modifications for Community Facility Uses). However, for Quality Housing buildings utilizing the height and setback regulations of Article II, Chapter 3, as required by Section 33-40, the Board shall not permit modification to the provisions of Sections 23-67 through 23-69, inclusive.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, whenever a zoning lot is divided by a boundary between districts, or is subject to other regulations resulting in different height and setback regulations, or whenever a zoning lot is divided by a boundary between a district to which the provisions of Section 33-45 (Tower Regulations) apply and a district to which such provisions do not apply, the provisions set forth in Article VII, Chapter 7, shall apply.

C1 C2 C3 C4 C5 C6 C7 C8

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

Limited Height District

Maximum Height Above Curb Level or Base Plane, as Applicable

LH-1

50 feet

LH-1A

60 feet

LH-2

70 feet

LH-3

100 feet

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

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

C1 C2 C3 C4 C5 C6 C8

In all districts, as indicated, the regulations set forth in the following Sections shall apply to all buildings containing community facility uses:

Section 24-61        (General Provisions and Applicability)

Section 24-62        (Minimum Dimensions of Courts)

Section 24-63        (Outer Court Regulations)

Section 24-64        (Inner Court Regulations)

Section 24-65        (Minimum Distance Between Required Windows and Walls or Lot Lines)

Section 24-66        (Modifications of Court Regulations or Distance Requirements)

Section 24-67        (Special Provisions for Buildings Used Partly for Residential Uses)

Section 24-68        (Permitted Obstructions in Courts).

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