Chapter 3 - Bulk Regulations

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

The bulk regulations of this Chapter apply to any building or other structure on any zoning lot or portion of a zoning lot located in any Manufacturing District. The bulk regulations of this Chapter shall also apply to any portion of a zoning lot in a Manufacturing District that is developed or enlarged with an open use. In addition, the bulk regulations of this Chapter or of specified Sections thereof also apply in other provisions of this Resolution where they are incorporated by cross reference.

Existing buildings or other structures which 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 community facility developments are set forth in Article VII, Chapter 8.

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

In Manhattan Community Districts 1, 2, 3, 4, 5 and 6, Brooklyn Community Districts 1, 2, 6 and 8, and Queens Community Districts 1 and 2, the conversion of non-residential floor area to residences in buildings erected prior to December 15, 1961, or January 1, 1977, as applicable, shall be subject to the provisions of Article I, Chapter 5 (Residential Conversion within Existing Buildings), unless such conversions meet the requirements for residential developments of Article II (Residence District Regulations).

In M1-1D, M1-2D, M1-3D, M1-4D and M1-5D Districts, the bulk regulations governing M1 Districts shall apply to community facility, commercial and manufacturing uses, and the regulations of Section 43-61 (Bulk Regulations for Residential Uses in M1-1D Through M1-5D Districts) shall apply to residential uses authorized pursuant to Section 42-47 (Residential Uses in M1-1D Through M1-5D Districts). M1-6D Districts shall be subject to the bulk regulations set forth in Section 43-62.

In the M1-1 District bounded by 95th Avenue, 148th Street, 97th Avenue and 147th Place in Community District 12 in the Borough of Queens, the bulk regulations of an M1 District shall apply to manufacturing, commercial and community facility uses, and the bulk regulations for an R5 District set forth in Article II, Chapter 3, shall apply to residential uses.

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.

M1 M2 M3

In all districts, as indicated, all developments, or enlargements of 20 percent or more in floor area, excluding developments or enlargements in Use Groups 17 or 18, shall provide street trees in accordance with Section 26-41 (Street Tree Planting). In addition, any building where 20 percent or more of the floor area is converted from a manufacturing use to a commercial or community facility use shall provide street trees in accordance with Section 26-41. 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.

43-11

Definitions

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

M1 M2 M3

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

Section 43-121        (Expansion of existing manufacturing buildings)

Section 43-122        (Maximum floor area ratio for community facilities)

Section 43-13        (Floor Area Bonus for Public Plazas)

Section 43-14        (Floor Area Bonus for Arcades)

Section 43-15        (Existing Public Amenities for which Floor Area Bonuses Have Been Received)

Section 43-16        (Special Provisions for Zoning Lots Divided by District Boundaries)

Section 43-61        (Bulk Regulations for Residential Uses in M1-1D Through M1-5D Districts)

Section 43-62        (Bulk Regulations in M1-6D Districts)

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

Districts

Maximum Permitted Floor Area Ratio

M1-1

1.00

M1-2* M1-4 M2-1 M2-3 M3

2.00

M1-3 M1-5 M2-2 M2-4

5.00

M1-6

10.00

*   In Community District 1, in the Borough of Queens, in the M1-2 District bounded by a line 100 feet southwesterly of 37th Avenue, a line 100 feet southeasterly of 24th Street, a line 100 feet southwesterly of 39th Avenue, 24th Street, and a line 100 feet northeasterly of 40th Avenue, 23rd Street, 39th Avenue and 24th Street, the maximum floor area ratio shall be increased to 4.0 provided that such additional floor area is limited to the following uses: photographic or motion picture production studios and radio or television studios listed in Use Group 10A; and uses listed in Use Groups 16A, 16D, 17A and 17B as set forth in Section 123-22 (Modification of Use Groups 16, 17 and 18), except for automobile, motorcycle, trailer or boat sales, motorcycle or motor scooter rental establishments, poultry or rabbit killing establishments, riding academies, stables for horses and trade schools for adults

For zoning lots containing both community facility use and manufacturing or commercial use, the total floor area used for manufacturing or commercial use shall not exceed the amount permitted in the table in this Section or by the bonus provisions in Sections 43-13 or 43-14.

Notwithstanding any other provisions of this Resolution, the maximum floor area ratio in an M1-6 District shall not exceed 12.0.

M1 M2 M3

In all districts, as indicated, where a building or other structure used for a conforming manufacturing use was in existence prior to December 15, 1961, such building or other structure may be expanded for a manufacturing use. Such expansion may consist of an enlargement, or additional development, on the same zoning lot, provided that:

(a)        the resulting total floor area shall not be greater than:

(1)        150 percent of the floor area existing on December 15, 1961; or

(2)        110 percent of the maximum floor area otherwise permitted under the provisions of Section 43-12 (Maximum Floor Area Ratio).

(b)        the resulting floor area ratio shall not exceed the highest of:

(1)        150 percent of the maximum floor area ratio otherwise permitted under the provisions of Section 43-12;

(2)         110 percent of the floor area ratio existing on December 15, 1961; or

(3)        a floor area ratio of 2.4, provided that in the event this paragraph, (b)(3), is utilized, the City Planning Commission shall administratively certify and the City Council approve, that such expansion will not adversely affect the surrounding area.

Within M3-2 Districts in the portion of Queens Community District 2 located within a Subarea 2 Designated Area (as set forth in APPENDIX J of this Resolution), the provisions of this Section shall also apply where a building or other structure on a zoning lot larger than two acres used for a conforming manufacturing use was in existence prior to December 31, 1965.

The parking reduction provisions of Section 44-27 (Special Provisions for Expansion of Existing Manufacturing Buildings) shall apply to such expansion.

M1

In the districts indicated, for any community facility use on a zoning lot, the maximum floor area ratio shall not exceed the floor area ratio set forth in the following table:

Districts

Maximum Permitted Floor Area Ratio

M1-1

2.40

M1-2

4.80

M1-3 M1-4 M1-5

6.50

M1-6

10.00

In M1-1D, M1-2D, M1-3D, M1-4D and M1-5D Districts, for any zoning lot containing both residential use and community facility use, the total floor area used for residential use shall not exceed the amount permitted in Section 43-61 (Bulk Regulations for Residential Uses in M1-1D Through M1-5D Districts).

In M1-1 Districts in designated areas in Subarea 1, as shown on the maps in APPENDIX J (Designated Areas Within Manufacturing Districts) of this Resolution, for any zoning lot containing a self-service storage facility that meets the requirements of paragraphs (a) or (b)(1) of Section 42-121 (Use Group 16D self-service storage facilities), the maximum permitted floor area for commercial or manufacturing uses on the zoning lot pursuant to the provisions of Section 43-12 (Maximum floor area ratio), inclusive, may be increased by a maximum of 25 percent of the lot area or up to 20,000 square feet, whichever is less.

M1-6

In the district indicated, except for M1-6D Districts, for each square foot of public plaza provided on a zoning lot, in accordance with the provisions of Section 37-70, inclusive, the total floor area permitted on that zoning lot under the provisions of Section 43-12 (Maximum Floor Area Ratio) may be increased by six square feet.

M1-6

In the district indicated, except for M1-6D Districts, for each square foot of arcade provided on a zoning lot, the total floor area permitted on the zoning lot under the provisions of Section 43-12 (Maximum Floor Area Ratio) may be increased by three square feet. However, the provisions of this Section shall not apply to zoning lots that are both within 100 feet of the western street line of Seventh Avenue and between West 28th and West 30th Streets in the Borough of Manhattan.

(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 publicly accessible open areas

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

(d)        Elimination or reduction of existing public amenities

No existing arcade, 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, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).

        

Regulations Applying in Special Situations

M1-5A M1-5B

In the districts indicated, no building containing joint living-work quarters for artists shall be enlarged.

Mezzanines are allowed within individual quarters, in buildings with an existing floor area ratio of 12.0 or less, and only between floors, or between a floor and a roof, existing on January 22, 1998, that are to remain, provided that such mezzanines do not exceed 33 and 1/3 percent of the gross floor area of such individual quarters. Such mezzanines shall not be included as floor area for the purpose of calculating minimum required size of a joint living-work quarters for artists.

In the districts indicated no building containing joint living-work quarters for artists shall be subdivided into quarters of less than 1,200 square feet except where no story contains more than one joint living-work quarters for artists unless modified pursuant to Section 43-171.

However, the minimum size requirement may be replaced by the requirements of Section 15-024 for joint living-work quarters for artists:

(a)        for which a determination of residential or joint living-work quarters for artists occupancy on September 1, 1980, has been made pursuant to Sections 42-14, paragraph D.(1)(f), 42-141 paragraph (b) or 74-782; or

(b)        that are registered Interim Multiple Dwellings or are found covered by the New York City Loft Board pursuant to Article 7C of the New York State Multiple Dwelling Law; or

(c)        that the Loft Board determines were occupied for residential use or as joint living-work quarters for artists on September 1, 1980.

Joint living-work quarters for artists existing on September 1, 1980, may not be divided subsequently into quarters of less than 1,200 square feet, unless required by the Loft Board for the legalization of Interim Multiple Dwelling Units in the implementation of Article 7C of the New York State Multiple Dwelling Law.

In the districts indicated, two or more buildings which are separated by individual load-bearing walls and contain joint living-work quarters for artists, each of which building conforms to the regulations set forth in Section 42-14 may be combined to produce a lot area covered by buildings in excess of 3,600 square feet.

On application, the Chairperson of the City Planning Commission may grant minor modifications to the requirements of Section 43-17 relating to joint living-work quarters for artists size, provided that the Chairperson of the City Planning Commission had administratively certified to the Department of Buildings that the division of one or more stories into joint living-work quarters for artists with an area of at least 1,200 square feet cannot be accomplished without practical difficulties because the floor area of such story, exclusive of exterior walls and common areas, is within five percent of a multiple of 1,200 square feet.

The applicant must send a copy of any request for a modification pursuant to this Section to the applicable Community Board at least 20 days prior to the next regularly scheduled Community Board meeting.

43-21

Definitions

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

In all Manufacturing 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 43-23 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

In all Manufacturing Districts, the following obstructions shall be permitted 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 persons with physical 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)        Any building or portion of a building used for any permitted use, 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 and treatment of patients, or joint living-work quarters for artists) 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, shall be permitted upon such building, or portion thereof, pursuant to Section 43-42 (Permitted Obstructions);

(2)        Breezeways;

(3)        Fire escapes;

(4)        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;

(5)        Solar energy systems on the roof of a building permitted as an obstruction to such yard:

(i)        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; or

(ii)        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;

(6)        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 which is also a required front yard or required side yard may contain any obstructions not permitted in such front yard or side yard.

M1 M2 M3

In all districts, as indicated, no side yards are required. However, if an open area extending along a side lot line is provided, it shall be at least eight feet wide.

M1 M2 M3

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 43-27 (Special Provisions for Shallow Interior Lots), 43-28 (Special Provisions for Through Lots) or 43-31 (Other Special Provisions for Rear Yards). Rear yards shall also be provided along portions of side lot lines as set forth in Section 43-261 (Beyond one hundred feet of a street line).

M1 M2 M3

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 43-261.0

CORNER LOT
(33-261.1, 43-261.1)

        

Zoning Resolutions 43-261.1

ZONING LOT BOUNDED BYTWO OR MORE STREETS
(NEITHER A CORNER LOT NOR A THROUGH LOT)

(33-261.2, 43-261.2)

M1 M2 M3

In all districts, as indicated, if an interior lot:

(a)        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)        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 a zoning lot is less than 70 feet. No rear yard is required on any interior lot with a maximum depth of less than 50 feet.

M1 M2 M3

In all districts, as indicated, no rear yard regulations shall apply on any through lot which extends less than 110 feet in maximum lot depth from street to street. However, 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, except that in the case of a zoning lot occupying an entire block, no rear yard or rear yard equivalent shall be required:

(a)        an open area with a minimum lot depth of 40 feet midway (or within five feet of being midway) between the two street lines upon which such through lot fronts;

(b)        two open areas, each adjoining and extending along the full length of the street line, and each with a minimum depth of 20 feet measured from such street line; 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 43-23 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

M1 M2 M3

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.

M1 M2 M3

In all districts, as indicated, along such portion of the boundary of a Manufacturing District which 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 and at least 15 feet wide shall be provided within the Manufacturing District. Such an open area shall not be used for accessory off-street parking, accessory off-street loading, or for storage or processing of any kind.

M1 M2 M3

In all districts, as indicated, along such portion of the rear lot line of a zoning lot in a Manufacturing District which coincides with a rear lot line of a zoning lot in an adjoining Residence District, an open area not higher than curb level and at least 30 feet in depth shall be provided within the Manufacturing District. Such an open area shall not be used for storage or processing of any kind.

M1 M2 M3

In all districts, as indicated, along such portion of a side lot line of a zoning lot in a Manufacturing District which coincides with a rear lot line of a zoning lot in an adjoining Residence District, an open area not higher than curb level and at least 15 feet wide shall be provided within the Manufacturing District. Such open area shall not be used for accessory off-street loading or for storage or processing of any kind.

M1-1 M1-2 M1-3 M1-4 M2 M3

In the districts indicated, if the boundary of an adjoining Residence District is located at the center line of a street less than 60 feet wide, a front yard not higher than curb level and at least 20 feet in depth shall be provided along any front lot line forming the boundary between a zoning lot located within the Manufacturing District and that portion of the street in which the district boundary is located.

M1 M2 M3

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.

M1 M2 M3

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.

M1 M2 M3

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 43-313.0
(33-303a, 43-313a)

(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 43-313.1
(33-303c, 43-313c)

        

All Yards

43-41

Definitions

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

In all Manufacturing Districts, the following obstructions shall be permitted to penetrate a maximum height limit or a sky exposure plane set forth in Sections 43-43 (Maximum Height of Front Wall and Required Front Setbacks), 43-44 (Alternate Front Setbacks) or 43-49 (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 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)        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 43-43, 43-44 or 43-45 (Tower Regulations);

(c)        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;

(d)        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;

(e)        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, (e), abutting buildings on a single zoning lot may be considered to be a single building;

(f)        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;

(g)        Flagpoles or aerials;

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

(i)        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;

(j)        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, (j), 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;

(k)        Rooftop greenhouses, permitted pursuant to Section 75-01 (Certification for Rooftop Greenhouses);

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

(m)        Solar energy systems:

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

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

(i)        a height of 15 feet;

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

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

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

(n)        Spires or belfries;

(o)        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;

(p)        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;

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

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

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

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

(r)        Window washing equipment mounted on a roof;

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

M1 M2 M3

In all districts, as indicated, if the front wall or any other portion of a building or other structure is located at the street line or within the initial setback distance as set forth in the table in this Section, the height of such front wall or other portion of a building or other structure, except as otherwise set forth in this Section, shall not exceed the maximum height above curb level set forth in the table. Above such maximum height and beyond the initial setback distance, the building or other structure shall not penetrate the sky exposure plane set forth in the table.

The regulations of this Section shall apply, except as otherwise provided in Sections 43-42 (Permitted Obstructions), 43-44 (Alternate Front Setbacks) or 43-45 (Tower Regulations). In M1-1 Districts, for community facility buildings, the maximum height of a front wall shall be 35 feet or three stories, whichever is less, and the height above the street line shall be 35 feet, and in M1-4 Districts, for community facility buildings, the maximum height of a front wall shall be 60 feet or six stories, whichever is less.

For zoning lots in M1-6 Districts that are both within 100 feet of the western street line of Seventh Avenue and between West 28th and West 30th Streets in the Borough of Manhattan, the following street wall regulations shall apply to street frontages not occupied by a public plaza. The street wall of a building shall be located on the street line and extend along the entire street frontage of the zoning lot up to a minimum height of 125 feet or the height of the building, whichever is less, and a maximum height of 150 feet. Above a height of 150 feet, no portion of a building may penetrate a sky exposure plane except for towers, pursuant to Section 43-45. The sky exposure plane shall begin at a height of 150 feet above the street line and rise over the zoning lot at a slope of 5.6 feet of vertical distance for each foot of horizontal distance on a wide street, and at a slope of 2.7 feet of vertical distance for each foot of horizontal distance on a narrow street. The provisions of Section 43-44 shall not apply. On the ground floor, recesses shall be permitted where required to provide access to the building, provided such recesses do not exceed three feet in depth as measured from the street line. Above the level of the second story, up to 30 percent of the aggregate width of street walls may be recessed beyond the street line. However, no recesses shall be permitted within 20 feet of an adjacent building and within 30 feet of the intersection of two street lines.

MAXIMUM HEIGHT OF FRONT WALL AND REQUIRED FRONT SETBACKS

Initial Setback Distance
(in feet)

Maximum Height of a Front Wall, or other Portion of a Building or other structure within the Initial Setback Distance

Sky Exposure Plane

Height above Street Line
(in feet)

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

On Narrow Street

On Wide street

On Narrow Street

On Wide Street

Vertical Distance

Horizontal Distance

Vertical Distance

Horizontal Distance

Within M1-1 Districts

20

15

30 feet or 2 stories, whichever is less

30

1 to

1

1 to

1

Within M1-2, M1-4, M2-1, M2-3 or M3 Districts

20

 15

60 feet or 4 stories, whichever is less

60

2.7 to

1

5.6 to

1

Within M1-3, M1-5, M1-6, M2-2 or M2-4 Districts

20

15

85 feet or 6 stories, whichever is less

85

2.7 to

1

5.6 to

1

Zoning Resolutions <a class='sec-link-inline' target='_blank' href='/article-iv/chapter-3#43-43'>43-43</a>.0

SKY EXPOSURE PLANE
(23 - 641, 24 - 522, 33 - 432, 43 - 43)

M1 M2 M3

In all districts, as indicated, if an open area is provided along the full length of the front lot line with the minimum depth set forth in the following table, the provisions of Section 43-43 (Maximum Height of Front Wall and Required Front 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 this Section or in Sections 43-42 (Permitted Obstructions) or 43-45 (Tower Regulations), no building or other structure shall penetrate the alternate sky exposure plane set forth in the table in this Section. The sky exposure plane shall be measured from a point above the street line.

In an M1-6 District, if the open area provided under the terms of this Section is a public plaza, such open area may be counted toward the bonus provided for a public plaza, pursuant to Section 43-13 (Floor Area Bonus for Public Plazas).

In M1-1 Districts, for community facility buildings the height above the street line shall be 35 feet.

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 M1-1 Districts

15

10

30

1.4 to

1

1.4 to

1

Within M1-2, M1-4, M2-1, M2-3 or M3 Districts

15

10

60

3.7  to

1

7.6 to

1

Within M1-3, M1-5, M1-6, M2-2 or M2-4 Districts

15

10

85

3.7 to

1

7.6 to

1

Zoning Resolutions <a class='sec-link-inline' target='_blank' href='/article-iv/chapter-3#43-44'>43-44</a>.0

ALTERNATE SKY EXPOSURE PLANE
(23 - 64, 24 - 53, 33 - 442, 43 - 44)

        

Supplementary Regulations

M1-3 M1-4 M1-5 M1-6

In the districts indicated, any building or buildings, or portion 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 43-451 (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, 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 43-451 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.

M1-3 M1-4 M1-5 M1-6

In the districts indicated, a tower 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

        

Regulations Applying in Special Situations

M1 M2 M3

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 height and setback regulations as set forth in Section 43-43 (Maximum Height of Front Wall and Required Front Setbacks) to any building or other structure on a zoning lot adjoining such public park. However, the provisions of this Section shall not apply to a public park more than 75 percent of which is paved.

M1

In the district indicated, for certain community facility uses in specified situations, the Board of Standards and Appeals may modify the regulations set forth in Sections 43-41 to 43-45, inclusive, relating to Height and Setback Regulations, in accordance with the provisions of Section 73-64 (Modifications for Community Facility Uses).

M1 M2 M3

In all districts, as indicated, whenever a zoning lot is divided by a boundary between districts with different height and setback regulations, or whenever a zoning lot is divided by a boundary between a district to which the provisions of Section 43-45 (Tower Regulations) apply and a district to which such provisions do not apply, the provisions set forth in Article VII, Chapter 7 shall apply.

M1 M2 M3

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

LH-1

50 feet

LH-1A

60 feet

LH-2

70 feet

LH-3

100 feet

M1

In the district 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 24-68        (Permitted Obstructions in Courts).

The following regulations shall apply to any development or enlargement authorized pursuant to Section 42-47 (Residential Uses in M1-1D Through M1-5D Districts):

(a)        The total amount of residential floor area permitted on any zoning lot shall not exceed a floor area ratio of 1.65.

On zoning lots containing both residential use and community facility, manufacturing or commercial use, the maximum floor area shall be the maximum floor area permitted for either the commercial or manufacturing use as set forth in Sections 43-12 (Maximum Floor Area Ratio) through 43-14 (Floor Area Bonus for Arcades), or the community facility use as set forth in Section 43-122 (Maximum floor area ratio for community facilities), or the residential use as set forth in this Section, whichever permits the greatest amount of floor area.

On zoning lots containing both residential use and manufacturing or commercial use, the total floor area used for manufacturing or commercial use shall not exceed the amount permitted by Sections 43-12 through 43-14.

(b)        The maximum number of dwelling units shall equal the total residential floor area provided on the zoning lot divided by 675. Fractions equal to or greater than three quarters resulting from this calculation shall be considered to be one dwelling unit.

(c)        The maximum building height above curb level shall be 32 feet.

(d)        No such development or enlargement shall be permitted within 30 feet of the rear lot line.

(e)        The maximum distance from the street line to the street wall of such development shall be ten feet, unless modified by the City Planning Commission pursuant to Section 44-28 (Parking Regulations for Residential Uses in M1-1D Through M1-5D Districts).

(f)        No side yards shall be required. However, if any open area extending along a side lot line is provided at any level it shall have a width of not less than eight feet. However, enlargements of single-family or two-family residences existing as of June 20, 1988, shall be exempt from this requirement, provided such enlarged building does not exceed a height of two stories.

(a)        The maximum floor area ratio for zoning lots shall be 10.0, and no floor area bonuses shall apply, except as modified for Inclusionary Housing designated areas, as set forth in paragraph (b) of this Section.

(b)        In Inclusionary Housing designated areas

For M1-6D Districts mapped within an Inclusionary Housing designated area, the provisions of Sections 23-154 and 23-90 (INCLUSIONARY HOUSING) applicable to R10 Districts without a letter suffix shall apply, as modified in this Section:

(1)        for zoning lots that do not contain residences, the maximum floor area ratio shall be 10.0; and

(2)        the maximum base floor area ratio for zoning lots containing residences shall be 9.0 plus an amount equal to 0.25 times the non-residential floor area ratio provided on the zoning lot, up to 10.0. Such floor area ratio may be increased to a maximum of 12.0 only through the provision of affordable housing, pursuant to Section 23-90, inclusive.

Any story of a building containing dwelling units shall not exceed a maximum lot coverage of 70 percent for interior or through lots and 100 percent for corner lots. However, where any such level contains parking spaces or non-residential uses, such level shall be exempt from lot coverage regulations.

In M1-6D Districts, the height and setback provisions of this Section shall apply to all buildings.

(a)        Rooftop regulations

(1)        Permitted obstructions

The provisions of Section 33-42 shall apply to all buildings, except that elevator or stair bulkheads, roof water tanks, cooling towers or other mechanical equipment (including enclosures) may penetrate a maximum height limit or sky exposure plane, provided that either the product, in square feet, of the aggregate width of street walls of such obstructions facing each street frontage, times their average height, in feet, shall not exceed a figure equal to eight times the width, in feet, of the street wall of the building facing such frontage; or provided that the lot coverage of all such obstructions does not exceed 20 percent of the lot coverage of the building, and the height of all such obstructions does not exceed 40 feet.

In addition, a maximum base height or sky exposure plane may be penetrated, as follows:

(i)        Structural columns

Structural columns may penetrate a maximum height limit or sky exposure plane, provided that such columns are one story or less in height, have a street wall no greater than 30 inches in width, and are spaced not less than 15 feet on center.

(ii)        Dormers

On any street frontage, dormers may be provided in accordance with the provisions of paragraph (c) of Section 23-621 (Permitted obstructions in certain districts).

(2)        Screening requirements for mechanical equipment

For all developments and enlargements, and conversions of non-residential buildings to residences, all mechanical equipment located on any roof of a building or other structure shall be fully screened on all sides. However, no such screening requirements shall apply to water tanks.

(b)        Height and setback

(1)        Street wall location

The street wall shall be located on the street line and extend along the entire street frontage of the zoning lot up to at least the minimum base height specified in paragraph (b)(2) of this Section. On the ground floor, recesses shall be permitted where required to provide access to the building, provided such recesses do not exceed three feet in depth as measured from the street line.

Above the level of the second story, up to 30 percent of the aggregate width of street walls may be recessed beyond the street line. However, no recesses shall be permitted within 20 feet of an adjacent building and within 30 feet of the intersection of two street lines.

(2)        Base height

(i)        Along wide streets

On wide streets, and on narrow streets within 50 feet of their intersection with a wide street, the street wall of a building shall rise without setback to a minimum base height of 125 feet and may rise to a maximum base height of 155 feet.

(ii)        Along narrow streets

On narrow streets, beyond 50 feet of their intersection with a wide street, the street wall of a building shall rise without setback to a minimum base height of 85 feet and may rise to a maximum base height of 135 feet. However, for buildings on zoning lots meeting the criteria set forth in paragraph (a) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), the maximum base height may be increased to 155 feet.

As an alternative, the minimum and maximum base heights applicable to a wide street may apply along a narrow street to a distance of 100 feet from a wide street.

(3)        Required setbacks and maximum building heights

(i)        Along wide streets

For buildings, or portions thereof, located on wide streets and on narrow streets within 100 feet of a wide street, the portion of such building above the maximum base height set forth in paragraph (b)(2)(i) of this Section shall be set back from the street wall of the building at least 10 feet along a wide street and at least 15 feet along a narrow street, except such dimensions may include the depth of any permitted recesses in the street wall. The maximum height of such buildings shall be 290 feet. In addition, the gross area of each of the highest two stories of such building shall not exceed 80 percent of the gross area of the story directly below such highest two stories.

(ii)        Along narrow streets

For all buildings, or portions thereof, located on narrow streets beyond 100 feet of a wide street, no portion of such building or other structure shall penetrate a sky exposure plane which begins at the maximum base height set forth in paragraph (b)(2)(ii) of this Section and rises over the zoning lot with a slope of four feet of vertical distance for every foot of horizontal distance.

Any portion of such building or other structure that is located beyond 15 feet of the street line may penetrate such sky exposure plane, provided such portion does not exceed a height of 210 feet. However, for buildings on zoning lots meeting the criteria set forth in paragraph (a) of Section 23-664, such maximum height may be increased, provided that the maximum number of stories does not exceed 23, the maximum height of a building with a non-qualifying ground floor does not exceed a height of 230 feet, and the maximum height of a building with a qualifying ground floor does not exceed a height of 235 feet.

In addition, the gross area of each of the top two stories of a building may not be greater than 80 percent of the gross area of the story directly below such top two stories.

(4)        Maximum length of building wall

The maximum length of any story located entirely above a height of 150 feet shall not exceed 150 feet. Such length shall be measured in plan view by inscribing within a rectangle the outermost walls at the level of each story entirely above a level of 150 feet.

In M1-6D Districts, the provisions of Section 43-20 (YARD REGULATIONS) shall apply, except that residential portions of a building shall provide a rear yard with a minimum depth of 30 feet at any level not higher than the floor level of the lowest story containing dwelling units with a window opening upon such rear yard. On any through lot that is 110 feet or more in depth from street to street, a rear yard equivalent shall be provided within 15 feet of the centerline of the through lot or through lot portion. In the case of a through lot on which a rear yard equivalent is provided, the requirements of this Section shall apply as if such rear yard equivalent were two adjoining rear yards. For shallow zoning lots, a reduction in the required rear yard or rear yard equivalent may be applied pursuant to the provisions applicable for an R10 District set forth in Sections 23-52 (Special Provisions for Shallow Interior Lots) or 23-534 (Special provisions for shallow through lots), as applicable.

Residential portions of buildings shall be subject to the court provisions applicable in R10 Districts as set forth in Section 23-80 (COURT REGULATIONS, MINIMUM DISTANCE BETWEEN WINDOWS AND WALLS OR LOT LINES AND OPEN AREA REQUIREMENTS), inclusive.

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