Chapter 4 - Bulk Regulations for Residential 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 any zoning lot containing only residential buildings in any Commercial District in which such buildings are permitted. Where a residential building and one or more buildings containing non-residential uses are on a single zoning lot, the bulk regulations of Article III, Chapter 5, shall apply. 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.

However, in C3A Districts, the bulk regulations of this Chapter shall not apply to any residential building. In lieu thereof, the bulk regulations for R3A Districts in Article II, Chapter 3 (Residential Bulk Regulations in Residence Districts), shall apply to residential buildings.

In C4-4L Districts, the bulk regulations of this Chapter shall not apply to any residential building. In lieu thereof, the bulk regulations for C4-4L Districts in Article III, Chapter 5 (Bulk Regulations for Mixed Buildings in Commercial Districts), shall apply to residential buildings.

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 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 Section 34-112.

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 new 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.

(a)        In C1 and C2 Districts mapped within R6 through R10 Districts with a letter suffix, and in C1-6A, C1-7A, C1-8A, C1-8X, C1-9A, C2-6A, C2-7A, C2-7X, C2-8A, C4-2A, C4-3A, C4-4A, C4-4D, C4-4L, C4-5A, C4-5D, C4-5X, C4-6A, C4-7A, C5-1A, C5-2A, C6-2A, C6-3A, C6-3D, C6-3X, C6-4A or C6-4X Districts, residential buildings shall comply with applicable bulk regulations for Quality Housing buildings set forth in Article II, Chapter 3, except as modified by Section 34-20 (EXCEPTIONS TO APPLICABILITY OF RESIDENCE DISTRICT CONTROLS). In addition, Quality Housing buildings shall comply with all of the requirements of Article II, Chapter 8 (Quality Housing Program).

(b)        In C1 and C2 Districts mapped within R6 through R10 Districts without a letter suffix or other Commercial Districts with a residential equivalent of an R6 through R10 District without a letter suffix, the bulk regulations applicable to Quality Housing buildings set forth in paragraph (a) of this Section may, as an alternative, be applied to a building under the same conditions set forth in Sections 23-011 and 34-112.

(c)        In Commercial Districts, for Quality Housing buildings in which at least 50 percent of the dwelling units are income-restricted housing units, or at least 50 percent of its total floor area is a long-term care facility or philanthropic or non-profit institution with sleeping accommodation, the applicable bulk regulations of this Chapter may be modified for zoning lots with irregular site conditions or site planning constraints by special permit of the Board of Standards and Appeals, pursuant to Section 73-623 (Bulk modifications for certain Quality Housing buildings on irregular sites).

34-02

Definitions

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

C1 C2 C3 C4 C5 C6

In the districts indicated, the bulk regulations of Article II, Chapter 3, shall apply to all residential buildings in accordance with the provisions of this Section, except as modified by the provisions of Sections 34-21 through 34-24, relating to Exceptions to Applicability of Residence District Controls.

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 bulk regulations for the Residence District within which such Commercial Districts are mapped apply, except that when such districts are mapped within R1 or R2 Districts, the bulk regulations for R3-2 Districts apply.

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

In the districts indicated, the applicable bulk regulations are the bulk regulations for the Residence Districts set forth in the following table:

Districts

Applicable Residence District

C3

R3-2

C4-1

R5

C4-2 C4-3 C6-1A

R6

C4-2A C4-3A

R6A

C1-6 C2-6 C4-4 C4-5 C6-1

R7-2

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

R7A

C4-5D

R7D

C4-5X

R7X

C1-7 C4-2F C6-2

R8

C1-7A C4-4D C6-2A

R8A

C1-8 C2-7 C6-3

R9

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

R9A

C6-3D

R9D

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

R9X

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

R10

C1-9A C2-8A C4-6A C4-7A

C5-1A C5-2A C6-4A

R10A

C6-4X

R10X

(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 no floor area bonus has 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 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 open areas

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

C1 C2 C3 C4 C5 C6

In the districts indicated, the bulk regulations applicable to residential buildings as set forth in Section 34-11 (General Provisions) are modified by the provisions of Sections 34-22 (Modification of Floor Area and Open Space Regulations), 34-23 (Modification of Yard Regulations) and 34-24 (Modification of Height and Setback Regulations). The purpose of these modifications is to make the regulations set forth in Article II, Chapter 3, applicable to Commercial Districts.

C1 C2 C3 C4 C5 C6

In the districts indicated, the maximum floor area ratio on a zoning lot shall be the applicable maximum floor area ratio permitted pursuant to the provisions of Article II, Chapter 3, except as provided for in the following Sections:

Section 34-223        (Floor area bonus for a public plaza)

Section 34-224        (Floor area bonus for an arcade)

Section 34-225        (Floor area increase for Inclusionary Housing in C4-7 Districts within Community District 7, Borough of Manhattan).

34-222

Change of use

C1 C2 C3 C4 C5 C6

A non-residential use occupying a building, or portion thereof, that was in existence on December 15, 1961, may be changed to a residential use and the regulations on minimum required open space ratio and maximum floor area ratio shall not apply to such change of use.

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

In the districts indicated, except for Quality Housing buildings, for each square foot of public plaza provided in accordance with the provisions of Section 37-70, inclusive, the total floor area permitted on that zoning lot under the provisions of Section 23-15 (Open Space and Floor Area Regulations in R6 Through R10 Districts) may be increased by six square feet.

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

In the districts indicated, except for Quality Housing buildings, for each square foot of arcade provided in accordance with the provisions of Section 37-80 (ARCADES), the total floor area permitted on that zoning lot under the provisions of Section 23-15 (Open Space and Floor Area Regulations in R6 Through R10 Districts) may be increased by three square feet.

Notwithstanding the provisions for R10 Districts in Community District 7 in the Borough of Manhattan set forth in Section 23-16 (Special Floor Area and Lot Coverage Provisions for Certain Areas), in C4-7 Districts within Community District 7 in the Borough of Manhattan, the maximum residential floor area ratio may be increased pursuant to the Inclusionary Housing provisions of Sections 23-154 and 23-90.

C1 C2 C3 C4 C5 C6

In the districts indicated, except as otherwise provided in Section 34-233 (Special provisions applying along district boundaries), no side yard shall be required for any residential building. However, if any open area extending along a side lot line is provided, such open area shall have a width of not less than eight feet. Permitted obstructions, pursuant to paragraph (a) of Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents), shall be permitted in such open areas.

C1 C2 C3 C4 C5 C6

(a)        In the districts indicated, if a Commercial District boundary coincides with a side lot line of a zoning lot in an R1, R2, R3, R4 or R5 District and a side lot line of any adjoining zoning lot in such Commercial District, a front yard is required for the portion of such zoning lot in the Commercial District within 25 feet of the district boundary. The depth of such front yard shall be equal to the required depth of a front yard in the adjacent Residence District.

C1 C2 C3 C4 C5 C6

(b)        In the districts 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 with a width of at least eight feet is required for a residential building on a zoning lot within the Commercial District.

In addition, the provisions of paragraph (e) of Section 34-24 shall apply to such building.

C1 C2 C3 C4 C5 C6

In the districts indicated, the height and setback regulations set forth in Article II, Chapter 3, and made applicable to such districts in Section 34-11 (General Provisions), are modified as set forth in this Section.

C1 C2 C3 C4 C5 C6

(a)        Application of sky exposure planes

In the districts indicated, except as set forth in paragraph (a) of Section 34-233 (Special provisions applying along district boundaries), no front yard is required for any residential building in a Commercial District. Therefore, in applying the height and setback regulations in a Commercial District, a sky exposure plane (which in a Residence District would be measured from a point above the front yard line) may be measured from a point above the street line. In cases where the provisions of paragraph (a) of Section 34-233 apply, the sky exposure plane is measured from a point above the front yard line.

C1 C2

(b)        When mapped within R3 or R4A Districts

In C1 or C2 Districts mapped within R3 or R4A Districts, the height and setback regulations applicable to R4 Districts, except R4A and R4B Districts, may be used for residential buildings.

(c)        When mapped within R4, R4-1 or R4B Districts

In C1 or C2 Districts mapped within R4, R4B or R4-1 Districts, the height and setback regulations applicable to an R5B District may be used for residential buildings.

C4-2F C4-4 C4-5 C4-6 C4-7 C5 C6

(d)        Special provisions for narrow buildings

In the districts indicated, the provisions of Section 23-692 (Height limitations for narrow buildings or enlargements) shall apply, subject to the additional rules and exceptions therein, only to Quality Housing buildings. However, in such districts, the street wall location provisions of paragraph (4) of Section 23-692 shall not apply.

C1 C2 C3 C4 C5 C6

(e)        Special provisions applying along district boundaries

The portion of a Quality Housing building located within 25 feet of the boundary of an R1, R2, R3, R4, R5 or R6B District shall comply with the provisions of Section 23-693 (Special provisions applying adjacent to R1 through R6B Districts).

C1 C2 C4 C5 C6

(f)        For Quality Housing buildings

In the districts indicated, for buildings utilizing the bulk regulations for Quality Housing buildings in Article II, Chapter 3, the height and setback provisions of Section 23-66 (Height and Setback Requirements for Quality Housing Buildings) shall be modified by the provisions of Section 35-65, and, for buildings containing affordable independent residences for seniors, the permitted obstructions set forth in Section 23-44 shall be modified by the provisions of Section 35-532.

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