ToC

Chapter 4 - Special Regulations Applying in Flood Hazard Areas

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

The provisions of this Chapter establish special regulations which are designed to encourage flood-resilient building practices for new and existing buildings and in so doing to promote and protect public health, safety and general welfare. These general goals include, among others, the following purposes:

(a)        to facilitate the development and alteration of buildings in flood zones consistent with the latest flood-resistant construction standards of the Federal government and the New York City Building Code;

(b)        to enable buildings to be constructed pursuant to flood-resistant standards with a comparable amount of usable interior space to what is generally permitted within the applicable zoning district;

(c)        to mitigate the effects of elevated and flood-proofed buildings on the streetscape and pedestrian activity;

(d)        to expedite the recovery of neighborhoods that experienced a high concentration of damage to single- and two-family residences from Hurricane Sandy within the Neighborhood Recovery Areas specified in Appendix A of this Chapter; and

(e)        to promote the most desirable use of land and thus conserve and enhance the value of land and buildings, and thereby protect the City's tax revenues.

The provisions of this Chapter shall be in effect until one year after the adoption by the City of New York of new final Flood Insurance Rate Maps superseding the Flood Insurance Rate Maps in effect on October 28, 2012.

64-11

Definitions

Definitions specifically applicable to this Chapter are set forth in this Section and may modify definitions set forth in Section 12-10 (DEFINITIONS). Where matter in italics is defined both in Section 12-10 and in this Chapter, the definitions in this Chapter shall govern.

        

Basement

For buildings, or portions thereof, that comply with flood-resistant construction standards, a "basement" is a story (or portion of a story) partly below flood-resistant construction elevation, with at least one-half of its height (measured from floor to ceiling) above flood-resistant construction elevation.

        

Cellar

For buildings, or portions thereof, that comply with flood-resistant construction standards, a “cellar” is a space wholly or partly below the flood-resistant construction elevation, with more than one-half its height (measured from floor to ceiling) below the flood-resistant construction elevation.

        

Flood-resistant construction elevation

The "flood-resistant construction elevation" is the greater of:

(a)        the “design flood elevation” determined pursuant to Appendix G of the New York City Building Code for a building’s structural occupancy category; or

(b)        the base flood elevation indicated on the flood maps, plus the additional elevation required above base flood elevation for the applicable occupancy category when determining the Design Flood Elevation pursuant to Appendix G of the Building Code.

        

Flood-resistant construction standards

“Flood-resistant construction standards” shall:

(a)        comply with the standards of Appendix G of the Building Code for “Post-FIRM Construction,” whether construction voluntarily complies with standards for “Post-FIRM Construction” or is required to comply; and

(b)        utilize the higher base flood elevation and the more stringent flood hazard area designation, as applicable, of the flood maps or the Flood Insurance Rate Maps in effect on October 28, 2012.

        

Hurricane Sandy

“Hurricane Sandy” is a severe storm that occurred on October 28, 2012, causing heavy flooding, power outages, property damage and disruption of public transportation and other vital services.

        

Lowest occupiable floor

The “lowest occupiable floor” shall be the finished floor level of the lowest floor that is not used solely for parking, storage, building access or crawl space, where any space below such lowest occupiable floor is wet flood-proofed in accordance with flood-resistant construction standards and used only for parking, storage or building access, or otherwise is not occupiable space.

        

Predominant or predominantly

"Predominant" or "predominantly" shall mean that a use or a group of uses comprises at least 75 percent of the total floor area of the building or of the area of the zoning lot, as applicable.

The provisions of this Chapter shall apply only within the flood zone, as follows:

(a)        Except where otherwise stated, all buildings, or portions thereof, shall comply with flood-resistant construction standards as a condition of construction pursuant to the following optional provisions, as applicable, inclusive:

Section 64-10        GENERAL PROVISIONS

Section 64-20        SPECIAL USE REGULATIONS

Section 64-30        SPECIAL BULK REGULATIONS

Section 64-40        SPECIAL BULK REGULATIONS FOR BUILDINGS EXISTING ON OCTOBER 28, 2012

Section 64-50        SPECIAL PARKING REGULATIONS

Section 64-70        SPECIAL REGULATIONS FOR NON-CONFORMING USES AND NON-COMPLYING BUILDINGS

Section 64-80        MODIFICATION OF SPECIAL REGULATIONS APPLYING IN WATERFRONT AREAS

Section 64-90        SPECIAL APPROVALS

(b)        The provisions of Section 64-60 (DESIGN REQUIREMENTS) shall apply to all developments, all horizontal enlargements with new street walls, or alterations that increase the height of street walls, except that Section 64-65 (Screening Requirements for Parking Within or Below Buildings) shall apply to all buildings as provided therein.

(c)        Where a zoning lot is located partially within a flood zone, the regulations of this Chapter shall apply where any portion of a building on such zoning lot is within such flood zone.

(d)        In Neighborhood Recovery Areas, shown on maps in Section 64-A80 (NEIGHBORHOOD RECOVERY AREA MAPS) of this Chapter, optional provisions to expedite the vertical elevation or reconstruction of single- or two-family residences shall apply. These provisions are set forth in Appendix A and shall supplement, supersede or modify the provisions of this Chapter. The maps are hereby incorporated and made part of this Resolution, for the purpose of specifying locations where special regulations and requirements set forth in the text of this Chapter may apply.

The regulations of all other chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control.

All measurements of height above curb level, base plane, base flood elevation, grade or other similar ground related datum, shall be from the flood-resistant construction elevation. This provision shall not apply to buildings that are accessory to single- or two-family residences, or to fences, signs not affixed to buildings, or other structures that are not buildings.

In R3, R4-1 and R4A Districts within lower density growth management areas, the maximum perimeter wall height shall be 21 feet above the flood-resistant construction elevation or 26 feet above grade, whichever is greater.

Where different flood-resistant construction elevations apply to different portions of a building, the highest of such flood-resistant construction elevations may apply to the entire building.

For buildings located partially within and partially outside of the flood zone, all measurements of height shall be in accordance with only one of the following provisions:

(a)        the flood-resistant construction elevation shall apply to the entire building;

(b)        the height of the portion of the building within the flood zone shall be measured from the flood-resistant construction elevation, and the height of the portion of the building outside of the flood zone shall be measured from an elevation determined in accordance with the underlying applicable regulations; or

(c)        the elevation of each such portion of the building from where height is measured shall  be multiplied by the percentage of the total lot coverage of the building to which such elevation applies. The sum of the products thus obtained shall be the elevation from which the height of the entire #building is measured.

(a)        In all districts, where compliance with the elevation and wet flood-proofing requirements of Appendix G of the New York City Building Code would result in a lowest occupiable floor that is above a level required by the Zoning Resolution without the relief provided by this Section, such requirements shall be modified so that the level of such ground floor shall be the lowest level permitted for uses other than parking, storage and building access as if it were “Post-FIRM Construction,” as defined by Appendix G of the Building Code, using elevation and wet flood-proofing techniques.

(b)        In C1, C2 and C4 Districts in the Borough of Staten Island, where flood-resistant construction elevation is more than 10 feet above curb level, the provisions of Section 32-433 (Ground floor use in C1, C2 and C4 Districts in the Borough of Staten Island) shall be modified to allow enclosed parking spaces, or parking spaces covered by a building, including such spaces accessory to residences, on the ground floor within 30 feet of the street wall of the building, provided that the standards of Section 64-641 (Transparency requirements) are met.

In all districts, as an alternative to street wall transparency regulations, the following optional provisions may apply, except where buildings are governed by the provisions of Section 64-64 (Design Requirements for Non-residential and Mixed Buildings in Commercial and Manufacturing Districts).

Street walls shall be glazed with transparent materials which may include show windows, transom windows or glazed portions of doors. Such transparent glazing materials shall occupy at least 50 percent of the surface area of such street wall, measured between the level of the first finished floor above curb level and a height 12 feet above such level.

For single- and two-family residences with enclosed entryways below flood-resistant construction elevation, up to 10 square feet of such entryway may be excluded from the definition of floor area for each foot of difference between the lowest occupiable floor and curb level. This area may be excluded from the definition of floor area provided it is not greater than the total area of ramps, stairs, lifts and elevators between grade and the first finished floor, plus an initial entry area of no more than 12 square feet.

For all buildings other than single- and two-family residences, with enclosed publicly accessible entryways below flood-resistant construction elevation, up to 100 square feet of such entryways may be excluded from the definition of floor area for each foot of difference between the lowest occupiable floor and curb level. This area may be excluded from the definition of floor area provided it is not greater than the total area at each publicly accessible entryway of ramps, stairs, lifts and elevators plus an initial entry area of no more than 100 square feet for each entryway.

Floor space used for accessory mechanical equipment in R1-2A, R2A, R2X, R3, R4 or R5 Districts may be excluded from the definition of floor area without the limitations provided in the definition of floor area, paragraphs (m) and (8) in Section 12-10 (DEFINITIONS).

The provisions of this Section shall apply without requiring a building to comply with flood-resistant construction standards as established in paragraph (a) of Section 64-12 (Applicability).

Underlying yard regulations shall be modified to allow yards to be higher than curb level but in no event higher than flood-resistant construction elevation. In addition, the following regulations shall apply:

(a)        in Residence Districts and C1 through C6 Districts, yards higher than curb level shall comply with the following standards:

(1)        final grade shall not penetrate a plane that begins 30 inches above curb level at each lot line and has a slope extending perpendicular to lot lines of one foot vertical for each 2.5 feet horizontal;

(2)        retaining walls shall be permitted above curb level in yards provided the maximum height of each wall above adjacent grade does not exceed 30 inches; and

(3)        in front yards in Residence Districts, portions of fences greater than four feet above curb level shall be required to be no more than 50 percent opaque; and

(b)        in C7 and C8 Districts and in Manufacturing Districts, yards shall be permitted to a maximum grade equal to flood-resistant construction elevation. However, for portions of zoning lots where Sections 33-29 and 43-30 (SPECIAL PROVISIONS APPLYING ALONG DISTRICT BOUNDARIES) apply, yards are permitted above curb level only pursuant to paragraph (a) of this Section.

Nothing in this Section shall be construed so as to permit the creation of spaces sub-grade on all sides in a manner inconsistent with Appendix G of the Building Code.

(a)        For single- and two-family residences, where flood-resistant construction elevation is five feet or more above curb level, roofed porches shall be permitted obstructions in any open space required on the zoning lot and in yards. Balconies for such residences may exceed the width and depth standards of Section 23-13 where such balconies are located directly above a porch.

(b)        For single- and two-family residences, lifts for persons with disabilities shall be permitted obstructions in any open space required on the zoning lot and in courts, yards and rear yard equivalents, provided that in front yards, such lifts are unenclosed.

(c)        For all buildings, except single- and two-family residences, accessory mechanical equipment shall be a permitted obstruction in rear yards and rear yard equivalents, provided that such equipment is:

(1)        located above flood-resistant construction elevation;

(2)        enclosed within a building, or portion thereof, or within a structure that provides screening of such mechanical equipment on all sides by walls consisting of at least 50 percent opaque materials;

(3)        in R3, R4 or R5 Districts, limited to a height of 10 feet above flood-resistant construction elevation, including the apex of a pitched roof;

(4)        in R6, R7, R8, R9 or R10 Districts, limited to a height of 14 feet above flood-resistant construction elevation; or

(5)        in Commercial or Manufacturing Districts, limited to a height of 23 feet above flood-resistant construction elevation.

Accessory mechanical equipment located in rear yards or rear yard equivalents and meeting the standards of this Section shall be a permitted obstruction in any open space required on the zoning lot, provided that the total area occupied by a building used for both enclosed parking and such mechanical equipment does not exceed 20 percent of the total required open space on the zoning lot.

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

Temporary flood control devices and associated emergency egress systems that are assembled prior to a storm and removed thereafter shall be permitted obstructions in yards and rear yard equivalents, courts, open space, waterfront yards as defined in Article VI, Chapter 2, public plazas and all other publicly accessible open areas during such storm event and for a reasonable period prior to and after such storm event, as determined by the Department of Buildings.  

The provisions of this Section shall apply without requiring a building to comply with flood-resistant construction standards as established in paragraph (a) of Section 64-12 (Applicability).

In R3-2 and R4 Districts, for all buildings, or portions thereof, subject to Section 23-60 (HEIGHT AND SETBACK REGULATIONS), except single- and two-family residences, 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, shall be considered permitted obstructions to height and setback regulations, provided that:

(a)        such obstructions shall be located not less than 10 feet from the street wall of a building;

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

(c)        the lot coverage of all such obstructions and screening does not exceed 250 square feet or 10 percent of the lot coverage of the building, whichever is greater; and

(d)        such obstructions are limited to a height of 15 feet above the maximum height of perimeter walls.

The provisions of this Section shall apply without requiring a building to comply with flood-resistant construction standards as established in paragraph (a) of Section 64-12 (Applicability).

In R5 through R10 Districts, and in all Commercial and Manufacturing Districts, for all buildings, the underlying regulations governing permitted obstructions to height and setback shall be modified to increase the permitted volume for 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, from a maximum lot coverage of 20 percent of the lot coverage of the building  to a maximum lot coverage of 30 percent of the lot coverage of the building, provided that 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.

The provisions of this Section shall apply without requiring a building to comply with flood-resistant construction standards as established in paragraph (a) of Section 64-12 (Applicability).

In all districts, where underlying street wall location regulations require the ground floor of a street wall to extend along the entire street frontage of a zoning lot and be located on the street line, such regulations are modified as follows:

(a)        recesses, not to exceed five feet in depth from the street line, shall be permitted on the ground floor where required to provide access to the building; and

(b)        up to 30 percent of the aggregate width of street walls may be recessed beyond the street line, provided any such recesses deeper than 10 feet along a wide street, or 15 feet along a narrow street, are located within an outer court.  However, no recesses shall be permitted within 30 feet of the intersection of two street lines.

R1 R2 R3 R4 R5

In the districts indicated, as an alternative to Section 64-131 (Measurement of height), for single- and two-family residences where flood-resistant construction elevation is between six and nine feet above curb level, building height may be measured from a reference plane nine feet above curb level, provided that at least two mitigating elements are provided from the list in Section 64-61 (Design Requirements for Single- and Two-family Residences).

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In the districts indicated, as an alternative to Section 64-131 (Measurement of height), for all buildings other than single- and two-family residences, where flood-resistant construction elevation is between five and 10 feet above curb level, building height may be measured from a reference plane 10 feet above curb level, and any minimum base height requirements may be measured from curb level. Where the provisions of this Section are utilized, the standards of Section 64-622 (Lobby or non-residential use) shall be met.

C1 C2 C3 C4 C5 C6

(a)        In the districts indicated, as an alternative to Section 64-131 (Measurement of height), for all residential buildings other than single- and two-family residences, where flood-resistant construction elevation is between five and 10 feet above curb level, building height may be measured from a reference plane 10 feet above curb level, and any minimum base height requirements may be measured from curb level. Where the provisions of this Section are utilized, the standards of Section 64-622 (Lobby or non-residential use) shall be met.

C1 C2 C3 C4 C5 C6 C7 C8 M1 M2 M3

(b)        In the districts indicated, as an alternative to Section 64-131, for all buildings other than residential buildings and buildings containing predominantly Use Group 16, 17 or 18 uses, where street walls are within 50 feet of a street line and flood-resistant construction elevation is between five and 12 feet above curb level, building height may be measured from a reference plane 12 feet above curb level, and any minimum base height requirements may be measured from curb level. Where the provisions of this Section are utilized, the standards of Section 64-642 (Transparency requirements for buildings utilizing alternative height measurement) shall be met.

(a)        Dry flood-proofing

In C1 and C2 Districts mapped within R1 through R6 Districts, and in C3, C4-1, C4-2 and C4-3 Districts, where the level of any finished floor above adjacent grade that existed on October 28, 2012, is below flood-resistant construction elevation, such floor space may be exempted from the definition of floor area provided that such floor space, as well as any space below such floor space, complies with the flood-resistant construction standards for dry flood-proofing. The certificate of occupancy, if required, shall note that such floor space has been dry flood-proofed and must comply with the provisions of Appendix G of the New York City Building Code, and that the number of dwelling units or rooming units shall be limited to no more than the number existing on October 28, 2012.

In addition, the following provisions shall apply:

(1)        such floor space exempted from the definition of floor area shall not exceed 10,000 square feet;

(2)        such floor space exempted from the definition of floor area shall be used for a community facility use or commercial use permitted by the underlying zoning district;

(3)        no floor space shall be exempted if parking spaces within such building are located within 30 feet of the street wall; and

(4)        the building shall contain no more dwelling units or rooming units than existed on October 28, 2012.

(b)        Wet flood-proofing

This paragraph shall not apply to buildings containing non-residential uses where the flood-resistant construction elevation is less than two feet above the level of the first finished floor above curb level.

Where the level of any finished floor above adjacent grade that existed on October 28, 2012, is below flood-resistant construction elevation, such floor space may be exempted from the definition of floor area provided that such floor space, as well as any space below such floor space, complies with the flood-resistant construction standards for wet flood-proofing. The certificate of occupancy, if required, shall note that such floor space has been wet flood-proofed and must comply with the provisions of Appendix G of the Building Code.

The floor area which has been flood-proofed pursuant to the provisions of this Section need not be rebuilt prior to sign-off by the Department of Buildings or issuance of a certificate of occupancy for such alteration to the flood-proofed floor space in order for such floor area to be preserved as long as an application for construction documents for the reconstruction of such floor area has been approved by the Department of Buildings prior to the issuance of such sign-off or certificate of occupancy for the alteration associated with the flood-proofing.  Such construction documents shall acknowledge that the non-complying floor area is being preserved and shall depict its use within the same building in a manner complying with flood-resistant construction standards.

In all districts, where the floor area of a single- or two-family residence existing on October 28, 2012, did not include the lowest story because such story complied with the criteria set forth in paragraph (9) of the definition of “floor area” in Section 12-10, any space used for dwelling purposes within such story shall continue to be exempt from the definition of floor area, notwithstanding such criteria, provided such story is elevated or reconstructed at or above the flood-resistant construction elevation.

The provisions of this Section shall apply without requiring a building to comply with flood-resistant construction standards as established in paragraph (a) of Section 64-12 (Applicability).

(a)        For existing single- and two-family residences, and for the reconstruction of such residences, mechanical equipment including but not limited to accessory heating and cooling equipment and emergency generators, shall be permitted obstructions in open space required on the zoning lot, in any side yard, rear yard or rear yard equivalent, and in courts, provided such equipment is:

(1)        located above flood-resistant construction elevation; and

(2)        located at least five feet from any lot line; and

(3)        screened on all sides by walls consisting of at least 50 percent opaque materials; and

(4)        in compliance with the standards of either paragraph (a)(5) or (a)(6) of this Section; and

(5)        the mechanical equipment and all structure and screening are located no more than seven feet from the wall of a building and limited to a height of no more than 10 feet above flood-resistant construction elevation; or

(6)        the mechanical equipment is located within a detached garage or on the roof of a detached garage, provided that:

(i)        where covered by a sloping roof that rises at least seven inches in vertical distance for each foot of horizontal distance, no portion of the roof shall exceed a height of 14 feet above the adjoining grade, measured to the midpoint of a sloping roof; or

(ii)        for all other conditions, no portion of the garage, screening or the mechanical equipment shall exceed a height of 12 feet above the adjoining grade.

(b)        For existing buildings, except single- and two-family residences, accessory mechanical equipment shall be permitted obstructions in courts and open space, provided such equipment is:

(1)        located above flood-resistant construction elevation;

(2)        within a structure that provides screening of such mechanical equipment on all sides by walls consisting of at least 50 percent opaque materials;

(3)        limited to a height established in Section 64-322 (Permitted obstructions in required yards, courts and open space), paragraph (c), for mechanical equipment as permitted obstructions in a rear yard; and

(4)        located at least 30 feet from any legally required window.

(c)        For existing buildings, except single- and two-family residences, lifts for persons with disabilities, where permitted pursuant to provisions of the New York City Building Code, shall be permitted obstructions in yards, courts and open space.

R1 R2 R3 R4 R5

In the districts indicated, the provisions of Section 23-451 (Planting requirement) are modified for existing buildings, where the distance between the street wall and the street line is six feet or less, to allow stairs, ramps or lifts that access the lowest occupiable floor to be counted as planted area for the purposes of fulfilling the requirements of such provisions.

Single- and two-family residences existing on October 28, 2012, may be vertically elevated, or reconstructed to a higher elevation,

in order to raise the lowest horizontal structural member supporting the lowest floor containing habitable space, located at or above the adjoining grade as of October 28, 2012, to flood-resistant construction elevation, and in so doing may create a non-compliance as to height and setback to the extent that such lowest horizontal structural member is elevated or reconstructed to flood-resistant construction elevation.

This Section shall not preclude the construction of complying enlargements or other complying structures on the zoning lot.  

Buildings that were complying on October 28, 2012, and vertically elevated or reconstructed to a higher elevation, pursuant to this Section, shall be considered legal non-complying buildings.  

The provisions of this Section shall apply without requiring a building to comply with flood-resistant construction standards as established in paragraph (a) of Section 64-12 (Applicability).

In R5 through R10 Districts, and in Commercial and Manufacturing Districts, for all existing buildings, the regulations for permitted obstructions to height and setback regulations shall be modified to increase the permitted volume for 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, as follows:

(a)        where the maximum building height is less than 120 feet, the maximum permitted height of such volume may be increased from 25 feet to 33 feet, provided that the lot coverage of all such obstructions does not exceed 20 percent of the lot coverage of the building; and

(b)        where the maximum building height is 120 feet or greater, the maximum permitted height of such volume may be increased from 40 feet to 55 feet, provided that the lot coverage of all such obstructions does not exceed 20 percent of the lot coverage of the building.

For single- and two-family residences existing on October 28, 2012, if such buildings are elevated, relocated or reconstructed pursuant to Sections 64-131 (Measurement of height), 64-722 (Single- and two-family residences in required front yards) and 64-431 (For existing single- and two-family residences), the provisions of Section 23-86 (Minimum Distance Between Legally Required Windows and Walls or Lot Lines) shall not apply.

Sections 64-51 (For Residential Buildings with Below-grade Parking) and 64-52 (For Elevated Buildings) shall apply to buildings existing on October 28, 2012, and to the reconstruction of such buildings. Section 64-51 shall apply without requiring a building to comply with flood-resistant construction standards provided in paragraph (a) of Section 64-12 (Applicability).

Section 64-53 (Surfacing) shall apply to all zoning lots within the flood zone.

The underlying parking location, curb cut spacing, permitted obstruction and surfacing regulations are modified in accordance with the provisions of this Section.

R1 R2 R3 R4 R5

In the districts indicated, other than R4B and R5B Districts, where below-grade garages within residential buildings are eliminated in order to comply with Appendix G of the New York City Building Code, accessory off-street parking spaces may be relocated from such garages to the side or rear of such buildings, or to the front yard driveway that accessed the former garage, or to a shared driveway along a common side lot line. Where such parking spaces are so relocated, each such space shall have a dimension at least 18 feet long and eight feet wide, and such spaces shall be allowed without regard to underlying parking location, curb cut spacing or permitted obstruction regulations. No modifications of the number of curb cuts on a zoning lot or the minimum or maximum width of a curb cut shall be allowed. Where eliminated garages were accessed by a driveway less than 18 feet long, such driveway and curb cut shall be eliminated, and the former driveway planted to the extent necessary to comply, or increase compliance, with the provisions of Section 23-451 (Planting requirement) as if the building on the zoning lot was constructed after April 30, 2008.  

In the event there is no way to arrange relocated required parking spaces on the zoning lot in compliance with the provisions of this Section, given that existing buildings will remain, the Commissioner of Buildings may waive such spaces.

R1 R2 R3 R4 R5

In the districts indicated, except R4B and R5B Districts, the provisions of this Section shall apply to single- or two-family residences with a flood-resistant construction elevation at least nine feet above curb level, and to other single- or two-family residences utilizing the provisions of Section 64-334 (Alternative height measurement for single- and two-family residences). For such residences, where at least two accessory off-street parking spaces are provided beneath the lowest occupiable floor, such spaces shall be allowed without regard to the underlying parking location, curb cut spacing or permitted obstruction regulations. However, no modification of the number of curb cuts on a zoning lot or the minimum or maximum width of a curb cut shall be allowed.    

64-53

Surfacing

R1 R2 R3 R4 R5

In the districts indicated, Section 25-65 (Surfacing) shall be modified to allow dustless gravel driveways that access one single- or two-family residence on a zoning lot, provided that all portions of such driveway located between the curb and the front lot line shall be surfaced with asphaltic or Portland cement concrete, or other hard-surfaced dustless material, at least four inches thick, and public sidewalks shall be constructed to Department of Transportation standards.

The following Sections shall apply to all developments and to all horizontal enlargements with new street walls or alterations increasing the height of street walls, or as otherwise referenced within this Chapter:

Section 64-61        Design Requirements for Single- and Two-family Residences

Section 64-62        Design Requirements for Other Buildings in Residence Districts

Section 64-63        Design Requirements for Residential Buildings in Commercial Districts

Section 64-64        Design Requirements for Non-residential and Mixed Buildings in Commercial and Manufacturing Districts

Section 64-65        (Screening Requirements for Parking Within or Below Buildings) shall apply to any zoning lot occupied by a building, other than a single- or two-family residence constructed after October 9, 2013.  Any zoning lot occupied by a building constructed prior to such date shall not be altered in any way that will either create a new non-compliance or increase the degree of non-compliance with the provisions of Section 64-65.

R1 R2 R3 R4 R5 R6

In R1, R2, R3, R4 and R5 Districts, for single- and two-family residences that have a street wall within 50 feet of the street line, and in R6 Districts, for detached and semi-detached

single- and two-family residences that have a street wall within 50 feet of the street line, where the level of the lowest occupiable floor is five feet or more above curb level, at least one of the following visual mitigation elements shall be provided. For such residences where the level of the lowest occupiable floor is nine feet or more above curb level, at least two of the following visual mitigation elements shall be provided.

(a)        Porch

Where provided as a mitigating element, a porch shall have a finished floor at least six inches below the lowest occupiable floor and have a width at least 70 percent of the aggregate width of all street walls within 25 feet of the street line. The depth of the porch must be at least five feet, and the porch may not be closer to the street line than five feet. Open porches shall count as one mitigating element and roofed porches shall count as two mitigating elements, provided that for such roofed porches, all structural elements shall have a minimum width or depth of at least three inches, and such roof shall have a depth of at least five feet measured perpendicular to the street wall and extend along at least 70 percent of the width of the street wall.  A balcony directly above a porch and a trellis or arbor with structural members spaced no further than 30 inches on center that cover such porch may be considered a porch roof for the purposes of this Section.

(b)        Stair direction change

Where provided as a mitigating element, stairs shall be constructed between grade and the lowest occupiable floor or porch, as applicable, which shall change direction at least 90 degrees in plan at a point no lower or higher than two feet from the beginning and end of the stair run.

(c)        Raised front yard

Where provided as a mitigating element, the grade between the street line and street walls within 25 feet of the street line, and their prolongations, shall be elevated above curb level so that a line drawn midway between the street line and such street walls and prolongations is at least 18 inches above curb level at all points, except for pedestrian ways, vehicular access and off-street parking spaces permitted pursuant to Section 64-50 (SPECIAL PARKING REGULATIONS). The area with final grade above curb level must be greater than 50 percent of the total area between the street line and street walls within 25 feet of the street line and their prolongations. Such raised yards shall be planted to comply with Section 23-451.

(d)        Trees or shrubs at least three feet high

Where provided as a mitigating element, trees or shrubs that attain a height of at least three feet shall be provided between the street line and street walls within 25 feet of the street line and their prolongations. Planting beds shall be at least three feet wide in plan, measured parallel and perpendicular to the street line. The length of each planted area shall be measured by inscribing each planted area within a rectangle and measuring the longest dimension of such rectangle. The total length of planted areas shall be greater than 60 percent of the lot width, and be planted to screen at least 50 percent of the length of the street wall.

However, no mitigation shall be required where more than 50 percent of the street wall of a building is within three feet of the street line.  

Where the level of the lowest occupiable floor is five or more feet above curb level, the area between the street line and all street walls of the building shall be planted at ground level, or in raised planting beds that are permanently affixed to the ground.  Such planting shall consist of trees or shrubs within six feet of the street wall that attain a height of at least three feet. Such planting shall not be required at the entrances to and exits from the building, within driveways accessing off-street parking spaces located within, to the side, or rear of such building, or between commercial uses and the street line. Any such planted area shall have a depth of at least three feet. Where ramps or stairs are located parallel to a street wall and within six feet of such street wall, minimum planting beds shall be provided between such ramps or stairs and the street line.

However, where street wall location rules would require a street wall to be located such that planting beds would be less than three feet in width, the provisions of this Section shall not apply.

Where the flood-resistant construction elevation is 10 or more feet above curb level, a lobby with a minimum width of 20 feet shall be provided along the street wall at the level of the adjoining sidewalk or other publicly accessible open area, with a depth of at least 20 feet. For buildings with an aggregate width of street wall of more than 65 feet, such lobby width shall be at least 30 percent of the aggregate width of street wall, but need not be wider than 35 feet. For zoning lots with less than 25 feet of frontage along a street, a five-foot wide service corridor may be exempted from the requirements of this Section. Transparent glazing materials shall occupy at least 40 percent of the surface area of the street wall of the lobby, measured between a height of two feet above the level of the adjoining sidewalk or other publicly accessible open area and a height 10 feet above the level of the first finished floor above curb level.

Any permitted non-residential use, other than accessory off-street parking or storage, may be substituted for lobby area required pursuant to this Section, provided that the required width, depth and transparency shall apply to such use.

However, where flood-resistant construction standards prohibit glazing due to the location of the building in a zone subject to wave action as indicated on flood maps, the glazing requirements of this Section shall not apply.  

C1 C2 C3 C4 C5 C6

In the districts indicated, and in Special Mixed Use Districts, for all residential buildings, except single- and two-family residences, where street walls are within 50 feet of the street line, and where the level of the lowest occupiable floor is five feet or more above curb level, the provisions of Section 64-62 (Design Requirements for Other Buildings in Residence Districts) shall apply.

C1 C2 C3 C4 C5 C6 C7 C8 M1 M2 M3

In the districts indicated, the provisions of this Section shall apply to all buildings, other than:

(a)        residential buildings; and

(b)        in C8 Districts and Manufacturing Districts, other than Special Mixed Use Districts, buildings containing predominantly Use Group 16, 17 or 18 uses.

Where street walls are within 50 feet of the street line, and where flood-resistant construction elevation is 10 feet or more above curb level, a portion of the street wall with a minimum of 20 feet in width shall provide transparent glazing materials occupying a minimum of 50 percent of the surface area of such street wall portion, measured between a height of two feet above the level of the adjoining sidewalk or other publicly accessible open area and a height 12 feet above the level of the first finished floor above curb level. The floor level behind such transparent glazing materials shall not exceed the level of the window sill for a depth of at least four feet, as measured perpendicular to the street wall. For buildings with an aggregate width of street wall of more than 65 feet, such transparent portion of the street wall shall be at least 30 percent of the aggregate width of street wall, but need not be wider than 35 feet.

However, where flood-resistant construction standards prohibit glazing due to the location of the building in a zone subject to wave action as indicated on flood maps, the glazing requirements of this Section shall not apply.  

C1 C2 C3 C4 C5 C6 C7 C8 M1 M2 M3

In the districts indicated, for all buildings utilizing the provisions of Section 64-336 (Alternative height measurement in Commercial and Manufacturing Districts), paragraph (b), street walls shall be glazed with transparent materials which may include show windows, transom windows or glazed portions of doors. Furthermore, such transparent glazing materials shall occupy at least 50 percent of the surface area of such street wall, measured between a height of two feet above the level of the adjoining sidewalk or other publicly accessible open area and a height of 12 feet above the level of the first finished floor above curb level. The floor level behind such transparent glazing materials shall not exceed the level of the window sill for a depth of at least four feet, as measured perpendicular to the street wall.  

The provisions of this Section shall apply to all buildings, other than:

(a)        single or two-family residences; and

(b)        in C8 Districts and Manufacturing Districts, other than Special Mixed Use Districts, buildings containing predominantly Use Group 16, 17 or 18 uses.

Buildings in existence prior to October 9, 2013, shall not be altered in any way that will create a new non-compliance or increase the degree of non-compliance with the provisions of this Section.

Where the flood-resistant construction elevation is five or more feet above curb level and the street wall of a building is within 50 feet of the street line, for any level where off-street parking is provided within or below a building, such parking shall be screened from the street line with a street wall that is at least 50 percent opaque. Each one-foot square portion of such street wall shall comply individually with this requirement.

In case of a conflict between the provisions of this Section and the provisions of another Chapter, the more restrictive provisions shall apply.

Section 52-53 (Buildings or Other Structures in All Districts), inclusive, shall be modified to allow the reconstruction of a non-conforming use where a building containing such use is damaged to the extent of 50 percent or more due to the effects of Hurricane Sandy, provided such reconstruction is the subject of an application for approval of construction documents that has been approved by the Department of Buildings no later than one year following the City’s adoption of new final Flood Insurance Rate Maps that supersede the Flood Insurance Rate Maps in effect on October 28, 2012. Construction pursuant to such approval may continue until a date six years after the adoption of such superseding Flood Insurance Rate Maps. After such date, the vesting provisions of Section 11-30 (BUILDING PERMITS ISSUED BEFORE EFFECTIVE DATE OF AMENDMENT) shall apply as if the change in flood map were a change in provisions of the Zoning Resolution.

However, this provision shall not apply to non-conforming residences in C8 Districts or Manufacturing Districts, or to non-conforming manufacturing uses located in Residence Districts or Commercial Districts other than C8 Districts.

For non-conforming single- and two-family residences, except non-conforming residences in C8 Districts or Manufacturing Districts, reconstruction shall be permitted, provided such reconstruction is the subject of an application for approval of construction documents that has been approved by the Department of Buildings no later than six years following the City’s adoption of new final Flood Insurance Rate Maps that supersede the Flood Insurance Rate Maps in effect on October 28, 2012. Construction pursuant to such approval may continue until a date 10 years after the adoption of such superseding Flood Insurance Rate Maps. After such date, the vesting provisions of Section 11-30 (BUILDING PERMITS ISSUED BEFORE EFFECTIVE DATE OF AMENDMENT) shall apply as if the change in flood map were a change in provisions of the Zoning Resolution.

Section 54-40 (DAMAGE OR DESTRUCTION IN NON-COMPLYING BUILDINGS) shall be modified to allow the reconstruction of a non-complying building where such building is damaged to the extent of 75 percent or more due to the effects of Hurricane Sandy, provided such reconstruction is the subject of an application for approval of construction documents that has been approved by the Department of Buildings no later than one year following the City’s adoption of new final Flood Insurance Rate Maps that superseded the Flood Insurance Rate Maps in effect on October 28, 2012. Construction pursuant to such approval may continue until a date six years after the adoption of such superseding Flood Insurance Rate Maps. After such date, the vesting provisions of Section 11-30 (BUILDING PERMITS ISSUED BEFORE EFFECTIVE DATE OF AMENDMENT) shall apply as if the change in flood map were a change in provisions of the Zoning Resolution.

The provisions of Article V, Chapter 4, shall be modified in order to accommodate stair access in a front yard. Single- and two-family residences with non-complying front yards existing on October 28, 2012, may be relocated or reconstructed in a location further from the front lot line on the same zoning lot, and thereby create or increase an encroachment in a side yard, rear yard or rear yard equivalent, provided that:

(a)        any encroachment or further encroachment into a required side or rear yard or rear yard equivalent at the rear of the original building location is limited to a depth equal to the reduction of encroachment of the building, excluding stairs in the front yard;

(b)        a distance of at least eight feet shall be maintained between the rear wall of the building and all other residences on the same or adjoining zoning lots; and

(c)        at least four feet of a rear yard shall be free of any encroachment, measured perpendicular to the rear lot line, or, in a rear yard equivalent, at least eight feet shall be free of encroachment.

(a)        The provisions of Article V, Chapter 4, shall be modified to permit single- and two-family residences that are non-complying and existing on October 28, 2012, to be vertically elevated, or reconstructed to a higher elevation in order to raise the lowest horizontal structural member supporting the lowest floor containing habitable space that was located at or above the adjoining grade as of October 28, 2012, to flood-resistant construction elevation.

Such vertical elevation or reconstruction may create a new non-compliance as to height and setback, or increase any existing non-compliances as to height and setback, required open space and yard regulations to the extent that such lowest floor level is elevated or reconstructed to flood-resistant construction elevation. However, all other provisions of Article V, Chapter 4, shall apply without modification.

This Section shall not preclude the construction of complying enlargements or other complying buildings or other structures on the zoning lot.

Furthermore, the provisions of Section 23-86 (Minimum Distance Between Legally Required Windows and Walls or Lot Lines) shall not apply to such elevated, relocated or reconstructed buildings.

(b)        For non-complying single- and two-family residences, reconstruction shall be permitted, provided such reconstruction is the subject of an application for approval of construction documents that has been approved by the Department of Buildings no later than six years following the City’s adoption of new final Flood Insurance Rate Maps that supersede the Flood Insurance Rate Maps in effect on October 28, 2012. Construction pursuant to such approval may continue until a date 10 years after the adoption of such superseding Flood Insurance Rate Maps. After such date, the vesting provisions of Section 11-30 (BUILDING PERMITS ISSUED BEFORE EFFECTIVE DATE OF AMENDMENT) shall apply as if the change in flood map were a change in provisions of the Zoning Resolution.

Non-complying buildings may be elevated or reconstructed to an increased height, which at all points does not exceed the difference between flood-resistant construction elevation and the applicable datum from which height is measured pursuant to the underlying regulations. Such elevation or reconstruction may create a new non-compliance or increase the degree of an existing non-compliance.

Sections 62-50 (GENERAL REQUIREMENTS FOR VISUAL CORRIDORS AND WATERFRONT PUBLIC ACCESS AREAS), inclusive, and 62-811 shall not apply to the reconstruction of buildings that sustained substantial damage, as defined in Appendix G of the New York City Building Code, due to the effects of Hurricane Sandy, provided that:

(a)        such buildings had no more than 20,000 square feet of floor area prior to October 28, 2012;

(b)        the dimensions of the building footprint are no greater than the footprint that existed on October 28, 2012;

(c)        if such building is repositioned on the zoning lot, such repositioning does not newly encroach, or further encroach, into a required yard, rear yard equivalent, visual corridor or existing public access area, as defined in Article VI, Chapter 2; and

(d)        the reconstruction does not result in a change of use from that existing on October 28, 2012.

The provisions of this Section shall apply to buildings that are the subject of an application for approval of construction documents that has been approved by the Department of Buildings no later than one year after the adoption of new final Flood Insurance Rate Maps that supersede the maps in effect on October 28, 2012. Construction pursuant to such approval may continue until a date six years after the adoption of such superseding Flood Insurance Rate Maps. After such date, the vesting provisions of Section 11-30 (BUILDING PERMITS ISSUED BEFORE EFFECTIVE DATE OF AMENDMENT) shall apply as if the change in flood map were a change in provisions of the Zoning Resolution.

The provisions of paragraphs (a) and (b) of this Section shall apply to all zoning lots, without requiring a building to comply with flood-resistant construction standards as established in paragraph (a) of Section 64-12 (Applicability).

Within the area that has a one percent chance of flooding in a given year, as determined by the Federal Emergency Management Agency (FEMA) in flood maps or by earlier adopted Flood Insurance Rate Maps, certain provisions regarding waterfront yards and visual corridors, as defined in Section 62-11, and  ground floor uses, are modified as follows:

(a)        Waterfront yards

Section 62-332 (Rear yards and waterfront yards) shall be modified to allow the level of a waterfront yard to be raised above the elevation of the top of the adjoining existing bulkhead, existing stabilized natural shore or mean high water line, as applicable, provided that:

(1)        where a waterfront yard terminates at a lot line, the grade of the waterfront yard shall be no higher than the grade of the adjacent street or zoning lot, except that natural grade need not be disturbed to comply with this requirement;

(2)        for zoning lots without a shore public walkway, as defined in Section 62-11, the maximum grade of the waterfront yard, measured parallel to the shoreline, shall not exceed three percent; and

(3)        for zoning lots with a shore public walkway, as defined in Section 62-11, the maximum grade shall be determined by the maximum permitted grade of the circulation path and the provisions of Section 62-60 (DESIGN REQUIREMENTS FOR WATERFRONT PUBLIC ACCESS AREAS).

(b)        Visual corridors

Section 62-512 (Dimensions of visual corridors) shall be modified so that the lowest level of a visual corridor shall be determined by establishing a plane connecting the two points along the street lines from which the visual corridor emanates at an elevation three feet above curb level with the two points where the prolonged street lines intersect the shoreline, stabilized natural shore, bulkhead, upland edge of a waterfront yard raised pursuant to the provisions of paragraph (a) of this Section, or the base plane of a pier or platform, whichever intersection occurs first. Such plane shall then continue horizontally seaward from the line of intersection. Visual corridors that are not prolongations of mapped streets shall be determined by establishing a plane connecting an elevation three feet above curb level at the two points along the lot line from which the visual corridor emanates with the two points of intersection at the shoreline, stabilized natural shore, bulkhead, upland edge of a waterfront yard raised pursuant to the provisions of paragraph (a) of this Section, or the base plane of a pier or platform, whichever intersection occurs first.

(c)        Ground floor uses

Section 62-341 (Developments on land and platforms), paragraph (c)(6), shall be modified  so that “ground floor level” shall mean the lowest level permitted for habitable use as if it were “Post-FIRM Construction” as defined by Appendix G of the New York City Building Code, using elevation and wet flood-proofing techniques, provided that where such lowest permitted level would be less than five feet above the finished level of the adjacent sidewalk, such level need not be lower than five feet above the finished level of the adjacent sidewalk.

The provisions of this Section shall apply without requiring a building to comply with flood-resistant construction standards as established in paragraph (a) of Section 64-12 (Applicability).

In the Special South Richmond Development District, Sections 107-22 (Designated Open Space), inclusive, and 107-23 (Waterfront Esplanade) shall not apply to the reconstruction or repair of buildings that were damaged due to the effects of Hurricane Sandy, provided that:

(a)        the dimensions of the building footprint are no greater than the footprint that existed on October 28, 2012; and

(b)        there is no increase in impervious surfaces on the zoning lot.

In addition, the provisions of Section 107-22, inclusive, shall not apply to a site alteration that is not a development or enlargement where the Commissioner of Buildings determines it is the minimum necessary to enable the reconstruction of a building.

These provisions shall not affect the terms of a certification previously made by the City Planning Commission. The provisions of this Section shall apply to buildings that are the subject of an application for approval of construction documents that has been approved by the Department of Buildings no later than one year after the adoption of new final Flood Insurance Rate Maps that supersede the maps in effect on October 28, 2012. Construction pursuant to such approval may continue until a date six years after the adoption of such superseding Flood Insurance Rate Maps. After such date, the vesting provisions of Section 11-30 (BUILDING PERMITS ISSUED BEFORE EFFECTIVE DATE OF AMENDMENT) shall apply as if the change in flood map were a change in provisions of the Zoning Resolution.

In order to allow for the alteration of existing buildings in compliance with flood-resistant construction standards and for developments and enlargements in compliance with flood-resistant construction standards, the Board of Standards and Appeals may permit modification of Section 64-60 (DESIGN REQUIREMENTS), the bulk regulations of Sections 64-30, 64-40 (SPECIAL BULK REGULATIONS FOR BUILDINGS EXISTING ON OCTOBER 28, 2012) and 64-70 (SPECIAL REGULATIONS FOR NON-CONFORMING USES AND NON-COMPLYING BUILDINGS), as well as all other applicable bulk regulations of the Zoning Resolution, except floor area ratio regulations, provided the following findings are made:

(a)        that there would be a practical difficulty in complying with flood-resistant construction standards without such modifications, and that such modifications are the minimum necessary to allow for an appropriate building in compliance with flood-resistant construction standards;

(b)        that any modification of bulk regulations related to height is limited to no more than 10 feet in height or 10 percent of permitted height as measured from flood-resistant construction elevation, whichever is less; and

(c)        the proposed modifications will not alter the essential character of the neighborhood in which the building is located, nor impair the future use or development of the surrounding area in consideration of the neighborhood’s potential development in accordance with flood-resistant construction standards.

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

Appendix A

Special Regulations for Neighborhood Recovery

        

(7/23/15)

64-A00

GENERAL PROVISIONS

The provisions of this Resolution shall apply as modified by this Chapter and by the special regulations set forth in this Appendix. The provisions of this Appendix are optional, but when utilized, shall be applied in their entirety. This Appendix shall be in effect until July 23, 2020, at which time it shall automatically expire.

        

(7/23/15)

64-A01

Applicability of Special Regulations for Neighborhood Recovery     

The provisions of this Appendix shall only be applicable to buildings containing residential use whose vertical elevation or reconstruction will result in a single- or two-family residence that complies with flood-resistant construction standards, where such building is located in a Neighborhood Recovery Area (Section 64-A80), inclusive.

        

(7/23/15)

64-A02

Special Requirements for Application

Prior to the approval of any application to the Department of Buildings pursuant to this Appendix, an applicant shall submit the following documents in order to establish that there was a building on the subject lot that contained a residential use on October 28, 2012:

(a)        an aerial photograph taken up to one year prior to October 28, 2012, establishing that a building existed on the subject lot on October 28, 2012; and

(b)        a 2012 tax bill or assessment roll for the subject lot stating that such building contained a residential use.

Where the documents specified in this Section are unavailable or inconclusive, the Department of Buildings may accept alternative documentation to satisfy the requirements of paragraphs (a) or (b).

        

(7/23/15)

64-A03

Zoning Lots in Neighborhood Recovery Areas 

The definition of zoning lot set forth in Section 12-10 (DEFINITIONS) shall apply in this Appendix. However, as an option, where a tax lot contained one or more buildings on October 28, 2012, or  where a building or buildings occupied more than one tax lot on October 28, 2012, such tax lot may be provisionally considered a zoning lot for the sole purpose of demonstrating compliance with the bulk requirements of this Resolution, and shall be referred to as a zoning lot in this Appendix, provided that the proposed application will not affect compliance with any applicable provisions of the New York City Building Code or Fire Code with respect to access to the same or other zoning lots on the same block, unless a waiver or modification is obtained from the Department of Buildings or the Fire Department, respectively.  

        

(7/23/15)

64-A10

SPECIAL REGULATIONS FOR ESTABLISHING NON-CONFORMANCE AND

NON-COMPLIANCE 

        

(7/23/15)

64-A11

Special Regulations for Establishing Non-conformance of Residences

In all districts, for a zoning lot that contained two or more dwelling units on October 28, 2012, and does not have lawful documentation indicating that more than one dwelling unit existed on the zoning lot on such date, the Board of Standards and Appeals may permit the vertical elevation or reconstruction of buildings containing such dwelling units and may establish non-conformance of such buildings, pursuant to Section 64-A71 (Special Permit for Establishing Non-conformance).

        

(7/23/15)

64-A12

Special Regulations for Establishing Non-compliance of Existing Buildings 

In all districts, a building containing residences, and any other structure that is attached to such building, including porches, stairs, terraces or balconies, that existed both on October 28, 2012, and on the date of application for a building permit, may be considered non-complying for the purpose of utilizing the applicable provisions of Article V, Chapter 4 and Article VI, Chapter 4 of this Resolution relating to non-complying buildings or other structures provided that:

(a)        a survey, prepared by a licensed land surveyor, specifying the location and height of such building and any other structures that are attached to such building, is submitted as documentation of such non-compliance; and

(b)        such building shall either be vertically elevated in compliance with the bulk provisions of Section 64-A20 (SPECIAL BULK REGULATIONS FOR THE VERTICAL ELEVATION OF EXISTING BUILDINGS), or be reconstructed in compliance with the bulk provisions of Section 64-A30 (SPECIAL BULK REGULATIONS FOR THE RECONSTRUCTION OF BUILDINGS EXISTING ON OCTOBER 28, 2012).

Upon completion and sign-off of work completed pursuant to the provisions of this Appendix, the building shall be considered non-complying.

        

(7/23/15)

64-A20

SPECIAL BULK REGULATIONS FOR THE VERTICAL ELEVATION OF EXISTING BUILDINGS

The provisions of this Section shall apply to the vertical elevation of buildings containing residences that existed on October 28, 2012. Except as specifically modified by the provisions of this Section, inclusive, the applicable bulk regulations of this Chapter, the regulations of Article V of this Resolution and the applicable zoning district shall remain in effect.

No building that is vertically elevated pursuant to this Section shall subsequently be enlarged pursuant to paragraph (b) of Section 54-313 (Single- or two-family residences with non-complying front yards or side yards) or Section 73-622 (Enlargements of single- and two-family detached and semi-detached residences).

        

(7/23/15)

64-A21

Special Regulations for Rebuilt Portions of Vertically Elevated Buildings

A portion of a building that is being vertically elevated pursuant to this Appendix may be rebuilt, provided that:

(a)        the rebuilt portion does not exceed 75 percent of the existing floor area of such building; and

(b)        except as specifically allowed by this Chapter, no new non-compliance shall be created, nor shall the degree of any existing non-compliance be increased beyond that established pursuant to Section 64-A10 (SPECIAL REGULATIONS FOR ESTABLISHING NON-CONFORMANCE AND  NON-COMPLIANCE).

If the rebuilt portion of a building exceeds 75 percent of the existing floor area of the building, such building shall be subject to the regulations of 64-A30 (SPECIAL BULK REGULATIONS FOR THE RECONSTRUCTION OF BUILDINGS EXISTING ON OCTOBER 28, 2012).

        

(7/23/15)

64-A22

Special Regulations for Space Partially Below Grade

For a building where the lowest floor containing habitable space is partially below adjoining grade, and at least one-half of the floor-to-ceiling height of such floor is above adjoining grade, such building may be vertically elevated in order to raise the lowest floor containing habitable space to the flood-resistant construction elevation, provided that:

(a)        the elevated building does not exceed two stories, except that attic space providing structural headroom of less than eight feet shall not be considered a story for the purposes of this Section; and

(b)        the height of such elevated building, including the apex of a pitched roof, does not exceed 25 feet, as measured from the flood-resistant construction elevation.

Any floor space that becomes floor area in excess of the maximum permitted floor area ratio for such zoning lot, as a result of the vertical elevation, shall be considered non-complying floor area. Such vertical elevation may increase any existing non-compliances with respect to required open space and yard regulations to the extent that such non-compliance results from the elevation of the lowest floor to the flood-resistant construction elevation. All other provisions of Article V, Chapter 4 (Non-complying Buildings), shall apply without modification.

The level of the adjoining grade shall be the average elevation of the grade adjoining the building, before it is elevated, determined in the manner prescribed by the Building Code of the City of New York for adjoining grade elevation.

        

(7/23/15)

64-A23

Special Regulations for Existing Buildings Located Over Water

For a building that will be vertically elevated and is located either partially or entirely seaward of the shoreline, such building may be relocated landward of the shoreline on the same zoning lot. Such relocation may create a new non-compliance or increase the degree of any existing non-compliance as to side yards, waterfront yards, rear yards or rear yard equivalents, provided that:

(a)        an open area of at least three feet shall be maintained between the exterior wall of the building and any lot line; and

(b)        except as specifically allowed by this Chapter, no new non-compliance shall be created, nor shall the degree of any existing non-compliance be increased, beyond that established pursuant to Section 64-A12 (Special Regulations for Establishing Non-compliance of Existing Buildings).

        

(7/23/15)

64-A24

Permitted Obstructions in Required Open Space, Yards and Courts

The provisions of Sections 23-12 (Permitted Obstructions in Open Space), 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) and 64-421 (Permitted obstructions) shall be modified such that:

(a)        mechanical equipment including, but not limited to, accessory heating and cooling equipment, fuel oil tanks and emergency generators shall be permitted obstructions in open space required on the zoning lot, in any side yard, rear yard or rear yard equivalent and in courts, provided such equipment is:

(1)        located at least three feet from any lot line;

(2)        screened on all sides by walls consisting of at least 50 percent opaque materials; and

(3)        in compliance with the standards of either of the following provisions:

(i)        all structures and screening are located no more than 10 feet from the wall of a building and limited to a height of no more than 12 feet above flood-resistant construction elevation; or

(ii)        is located on the roof of a building or other structure, provided that the height of such equipment and screening does not exceed six feet, as measured from the finished level of a flat roof or, for a sloping roof, as measured from the midpoint of such roof. Such equipment shall be located not less than 15 feet from any street wall of a building or other structure.

(b)        visual mitigation elements, provided pursuant to Section 64-A50 (SPECIAL DESIGN REQUIREMENTS) shall be permitted obstructions in any open space required on the zoning lot, in any yard and in courts.

        

(7/23/15)

64-A30

SPECIAL BULK REGULATIONS FOR THE RECONSTRUCTION OF BUILDINGS EXISTING ON OCTOBER 28, 2012

The bulk regulations of this Section shall apply only to the permitted reconstruction of a building that existed on October 28, 2012, and results in a single- or two-family detached residence. Except as specifically modified by the provisions of this Section, inclusive, the bulk regulations of this Chapter and the applicable zoning district shall remain in effect. Buildings reconstructed pursuant to this Section shall not be considered developments or enlargements.

No building that is reconstructed pursuant to this Section shall subsequently be enlarged pursuant to paragraph (b) of Section 54-313 (Single- or two-family residences with non-complying front yards or side yards) or Section 73-622 (Enlargements of single- and two-family detached and semi-detached residences).

        

(7/23/15)

64-A31

Special Regulations for Minimum Required Open Space, Maximum Lot Coverage and Maximum Floor Area

        

(7/23/15)

64-A311

Lot coverage and open space

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

In the districts indicated, for zoning lots that do not meet the required minimum lot area or lot width of the applicable district, lot coverage and open space shall be governed by the yard requirements set forth in Section 64-A35 (Special Yard Regulations).

        

(3/22/16)

64-A312

Floor area

R2X R3 R4 R4-1 R4A

In the districts indicated, the floor area ratio set forth in Section 23-142 (Open space and floor area regulations in R1 and R2 Districts with a letter suffix and R3 through R5 Districts) may be increased by 20 percent provided that any such increase in floor area is located in any portion of a building covered by a sloping roof that rises at least seven inches in vertical distance for each foot of horizontal distance.

        

(7/23/15)

64-A313

Special open space, lot coverage and floor area regulations for small lots

R1 R2 R3 R4 R5 R6

In the districts indicated, for zoning lots with a lot area of less than 1,800 square feet, open space, lot coverage and floor area ratio regulations shall not apply. In lieu thereof, the yard requirements set forth in Section 64-A35 (Special Yard Regulations) and the height and setback requirements of Section 64-A36 (Special Height and Setback Regulations) shall govern.

        

(7/23/15)

64-A32

Special Regulations for Maximum Number of Dwelling Units and Minimum Size of Dwelling Units

        

(3/22/16)

64-A321

Maximum number of dwelling units

R1 R2 R3 R4 R5 R6

In the districts indicated, the provisions of Section 23-22 (Maximum Number of Dwelling Units) shall not apply. In lieu thereof, not more than one single-family detached residence or, where permitted in the applicable zoning district pursuant to Section 22-12 (Use Group 2), one two-family detached residence, may be reconstructed. However, any two-family detached residence may only be reconstructed if such zoning lot contained two or more dwelling units on October 28, 2012, as indicated on the certificate of occupancy or upon approval by the Board of Standards and Appeals pursuant to Section 64-A71 (Special Permit for Establishing Non-conformance).

        

(7/23/15)

64-A322

Minimum size of dwelling units

R3 R4-1 R4A

In the districts indicated, the minimum size of a dwelling unit as set forth in paragraph (b) of Section 23-23 shall not apply to the permitted reconstruction of a two-family detached residence.

        

(7/23/15)

64-A33

Special Regulations for Minimum Lot Area or Lot Width for Residences

In all districts, including lower density growth management areas, either one single-family detached residence or, where permitted in the applicable zoning district pursuant to Section 22-12 (Use Group 2) one two-family detached residence, may be reconstructed upon a zoning lot that:

(a)        has less than the prescribed minimum lot area or lot width as required by the applicable district regulations; and

(b)        if reconstructed as a two-family detached residence, either:

(1)        complies with the maximum number of dwelling units requirement of the applicable zoning district; or

(2)        such zoning lot contained two or more dwelling units on October 28, 2012, as indicated on the certificate of occupancy or upon approval by the Board of Standards and Appeals pursuant to Section 64-A71 (Special Permit for Establishing Non-conformance).

        

(7/23/15)

64-A34

Permitted Obstructions in Required Open Space, Yards and Courts

The provisions of Sections 23-12 (Permitted Obstructions in Open Space), 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) and 64-421 (Permitted obstructions) shall be modified as follows:

(a)        mechanical equipment, including, but not limited to, accessory heating and cooling equipment, fuel oil tanks and emergency generators, shall be permitted obstructions in any open space required on the zoning lot, in any side yard, rear yard or rear yard equivalent and in courts, provided that such equipment is:

(1)        located at least three feet from any lot line;

(2)        screened on all sides by walls consisting of at least 50 percent opaque materials; and

(3)        in compliance with the standards of either of the following provisions:

(i)        all structures and screening are located no more than 10 feet from the wall of a building and limited to a height of no more than 12 feet above flood-resistant construction elevation; or

(ii)        is located on the roof of a building or other structure, provided that the height of such equipment and screening does not exceed six feet, as measured from the finished level of a flat roof or, for a sloping roof, as measured from the midpoint of such roof. Such equipment shall be located not less than 15 feet from any street wall of a building or other structure.

(b)        eaves, gutters or downspouts shall be permitted obstructions in any open space required on the zoning lot, in any yard and in courts, provided that such eave, gutter or downspout does not project further than 16 inches into such required open space, yard or court.

(c)        visual mitigation elements, provided pursuant to Section 64-A50 (SPECIAL DESIGN REQUIREMENTS) shall be permitted obstructions in any open space required on the zoning lot, in any yard and in courts.

        

(7/23/15)

64-A35

Special Yard Regulations

        

(7/23/15)

64-A351

Special provisions for front yards

R1 R2 R3 R4 R5

(a)        In the districts indicated, the front yard provisions of the applicable district shall apply, except that in R4 and R5 Districts, a front yard may have a depth of any dimension equal to or exceeding 10 feet.

(b)        In the districts indicated, where an enclosed garage fronts upon a street, there shall be an unobstructed area at ground level, between the garage door and the street line, which is at least eight and one half feet in width by 18 feet in depth, except no such space shall be required in R5D Districts. Where an unenclosed accessory off-street parking space is provided in an open area on a zoning lot, or provided beneath an elevated building, an unobstructed area at ground level which is at least eight and one half feet in width by 18 feet in depth shall be provided between the street line and such space.

(c)        For buildings that are reconstructed pursuant to this Section 64-A30, inclusive, the provisions regulating the depth of front yards in relation to adjacent buildings, set forth in paragraphs (b) and (c) of Section 23-45, shall not apply.

        

(7/23/15)

64-A352

Special provisions for narrow lots

R1 R2 R3 R4 R5 R6

(a)        In the districts indicated, the side yard provisions of the applicable district shall apply, except that the required total width of side yards for a single- or two-family detached residence may be reduced by four inches for each foot by which the width of a zoning lot is less than that required under the provisions of Section 23-32 (Minimum Lot Area or Lot Width for Residences). In no event shall the required width of a side yard be less than three feet. For zoning lots with less than 21 feet in lot width, the required total width of side yards shall be six feet.

(b)        In the Special South Richmond Development District, the provisions of Sections 107-42 (Minimum Lot Area and Lot Width for Residences) and 107-462 (Side yards) shall not apply. In lieu thereof, the regulations of the applicable underlying Residence District shall apply pursuant to Section 23-32 (Minimum Lot Area or Lot Width for Residences) and Section 23-46 (Minimum Required Side Yards) and may be modified, as applicable, by the regulations of this Appendix.

(c)        For the permitted reconstruction of detached buildings the provisions of paragraph (c) of Section 23-461 (Side yards for single- or two-family residences) shall not apply, provided such open area does not serve as access to required accessory off-street parking.

        

(7/23/15)

64-A353

Special provisions for shallow lots

R1 R2 R3 R4 R5 R6

In the districts indicated, if at any point the depth of a zoning lot is less than 95 feet, the depth of a required rear yard or waterfront yard may be reduced by six inches for each foot by which the mean lot depth is less than 95 feet. In no event shall the required depth of a rear yard be less than 10 feet.

        

(7/23/15)

64-A354

Special provisions for corner lots 

For corner lots in R1-2 Districts, if one front yard has a depth of 20 feet, then the other front yard may have a depth of 15 feet. For corner lots in R3 Districts, if one front yard has a depth of 15 feet, then the other front yard may have a depth of 10 feet.

In all districts, for corner lots with less than the minimum lot area required pursuant to the applicable district regulations, the following provisions shall apply:

(a)        one front yard shall be provided along the full length of either front lot line;

(b)        the remaining front lot line shall be treated as a side lot line; and

(c)        any side lot line that is parallel to, or within 45 degrees of being parallel to the front lot line selected pursuant to paragraph (a) of this Section, shall be treated as a rear lot line and a rear yard shall be provided along the full length of such lot line.

The rear and side yards provided pursuant to this Section may be reduced pursuant to Sections 64-A352 (Special provisions for narrow lots) and 64-A353 (Special provisions for shallow lots).

        

(3/22/16)

64-A36

Special Height and Setback Regulations 

R1 R2 R3 R4 R5 R6

In the districts indicated, the height and setback regulations of the applicable district shall not apply. In lieu thereof, all buildings shall be subject to the height and setback provisions set forth in paragraph (b) of Section 23-631 (General provisions), except that the maximum height of a perimeter wall before setback shall be 19 feet, the maximum height of a ridge line shall be 25 feet and all heights shall be measured from the flood-resistant construction elevation. In no event shall any building exceed two stories, except that attic space providing structural headroom of less than eight feet shall not be considered a story for the purposes of this Section.

        

(7/23/15)

64-A40

SPECIAL PARKING PROVISIONS

        

(7/23/15)

64-A41

Waiver of Requirements for Certain Zoning Lots 

R1 R2 R3 R4 R5 R6

In the districts indicated, the requirements set forth in Section 25-22 (Requirements Where Individual Parking Facilities Are Provided) shall be waived for a single- or two-family residence on an interior zoning lot that has a lot width along a street of less than 25 feet, and where the flood-resistant construction elevation is less than six feet above curb level.

        

(7/23/15)

64-A42

For Elevated Buildings

The provisions of Section 64-52 (For Elevated Buildings) shall be modified to allow the accessory off-street parking spaces, required pursuant to that section, to be located anywhere on the zoning lot.

        

(7/23/15)

64-A50

SPECIAL DESIGN REQUIREMENTS 

R1 R2 R3 R4 R5 R6

In the districts indicated, the provisions of Section 64-61 (Design Requirements for Single- and Two-family Residences) shall apply, except as expressly modified by this Section. Visual mitigation elements shall be required unless more than 50 percent of the street wall is within 18 inches of the street line.

        

(7/23/15)

64-A51

Special Regulations for Corner Lots

The design requirements set forth in Section 64-61 shall apply separately along each street frontage of a corner lot, except as modified below:

(a)        For corner lots, where the level of the lowest occupiable floor is nine feet or more above curb level, and more than 50 percent of the street wall of a building is within six feet of a street line, only one visual mitigation element shall be required along such street frontage.

(b)        For corner lots, where trees or shrubs are provided as visual mitigation elements along both street frontages pursuant to paragraph (d) of Section 64-61, the required total length of planted areas shall be reduced to a minimum of 45 percent of the aggregate length of street walls, provided that the planting bed is continuous for the minimum required length, measured along such street walls, and at least six feet of planting bed is provided facing each street.

        

(7/23/15)

64-A52

Special Regulations for Narrow Lots

For interior zoning lots that have a lot width less than 25 feet, the design requirements of paragraph (d) of Section 64-61 shall be modified to require the total length of planted areas to be greater than 40 percent of the lot width and to be planted to screen at least 40 percent of the length of the street wall.

        

(7/23/15)

64-A53

Special Regulations for Zoning Lots With Shallow Yards

For zoning lots where more than 50 percent of the street wall of a building is located within six feet of a street line, one or more of the following visual mitigation elements may be provided in lieu of paragraph (d) of Section 64-61:

(a)        Climbing vines

Where provided as a visual mitigation element, climbing vines shall be planted along 40 percent of the aggregate width of street walls in a planting bed that is at least 18 inches in width, measured perpendicular to the street wall and allows a soil depth of at least two feet. A framework for the climbing vines shall be provided for the full length of the planting bed to a height of at least four feet. Such framework may be freestanding or attached to the building.

(b)        Green wall

Where provided as a visual mitigation element, a green wall or landscaped fence shall extend along 40 percent of the aggregate width of street walls to a height of at least four feet. Hanging plants, potted plants or plant material shall be distributed along the entire length of such green wall or landscaped fence. The supporting structure may be freestanding or attached to the building and shall be considered a permitted obstruction in any required yard, court or open space.

(c)        Planter box or raised planting bed

Where provided as a visual mitigation element, planter boxes or raised planting beds may be used in place of planting beds at grade. The top of such planter boxes shall be located between 18 and 36 inches above adjacent grade. Raised planting beds shall be at least 18 inches in height and shall not exceed 36 inches above adjacent grade. For planter boxes and raised planting beds, the minimum soil width shall be at least one foot, measured perpendicular to the street line, and the minimum soil depth shall be 18 inches. The planted area may be comprised of any combination of groundcover, perennials, annuals, shrubs, trees or other living plant material, and must attain a height of at least six inches. Planter boxes may be freestanding or attached to the building.

        

(7/23/15)

64-A60

NON-CONFORMING AND NON-COMPLYING BUILDINGS

        

(7/23/15)

64-A61

Special Regulations for Non-conforming Single- or Two-family Residences in Manufacturing Districts

The provisions of Section 64-712 (Single- and two-family buildings), shall be modified to allow the vertical elevation or reconstruction of a non-conforming single- or two-family residence in a Manufacturing District. Reconstructions of such residences shall utilize the applicable bulk regulations of an R4-1 District, as modified by Section 64-A30 of this Appendix.

        

(7/23/15)

64-A70

SPECIAL APPROVALS

The special permit and variance provisions of this Resolution shall apply to properties in the Neighborhood Recovery Areas.

        

(7/23/15)

64-A71

Special Permit for Establishing Non-conformance

In all districts, for a zoning lot that contained two or more dwelling units on October 28, 2012, and does not have a certificate of occupancy, or other lawful documentation, indicating that more than one dwelling unit existed on the zoning lot on such date, the Board of Standards and Appeals may permit the vertical elevation or reconstruction of up to two dwelling units on such zoning lot in accordance with this Appendix, and all applicable requirements of the New York City Construction Codes, provided that the Board of Standards and Appeals determines that more than one dwelling unit existed on the site on October 28, 2012, based on evidence submitted to the Board of Standards and Appeals, which may include, but shall not be limited to, Department of Finance tax records, utility bills or an affidavit from a licensed architect or engineer that documents an on-site inspection of the zoning lot performed under the auspices of a governmental agency.

Such buildings which are vertically elevated shall comply with the bulk provisions of Section 64-A20, and such buildings that are reconstructed shall comply with the bulk provisions of Section 64-A30.

Upon completion and sign-off of work completed under the provisions of this Appendix, such building shall be considered non-conforming.

        

(7/23/15)

64-A80

NEIGHBORHOOD RECOVERY AREA MAPS

Neighborhoods that experienced a high concentration of damage to single- and two-family residences from Hurricane Sandy are defined as Neighborhood Recovery Areas.

        

(7/23/15)

64-A81

Neighborhood Recovery Areas in Brooklyn

(a)        within Community District 13


Zoning Resolutions Chapter 4 - Special Regulations Applying in Flood Hazard Areas Appendix A.0

Neighborhood Recovery Area Blocks within Community District 13:

6955, 6956, 6957, 6958, 6959, 6960, 6971, 6972, 6973, 6974, 6975, 6976, 6977, 6998, 6999,

7000, 7001, 7002, 7003, 7024, 7025, 7026, 7027, 7028, 7029, 7030, 7031, 7032, 7033, 7034, 7035, 7036, 7037, 7038, 7039, 7040, 7041, 7042, 7043, 7044.

(b)        within Community Districts 13 and 15

Zoning Resolutions Chapter 4 - Special Regulations Applying in Flood Hazard Areas Appendix A.1

Neighborhood Recovery Area Blocks within Community Districts 13 and 15:

7220, 7222, 7223, 7224, 7239, 7242, 7243, 7244, 7245, 7260, 7261, 7262, 7263, 7264,

7430, 7431, 7433, 7434, 7435, 7436, 7437, 7438, 7439, 7440, 7441, 7442, 7443, 7444, 7445, 7446, 7447, 7449, 7452, 7454, 7455, 7456, 7457, 7458, 7459, 7460, 7462, 7463, 7464, 7465, 7466, 7467, 7468, 7469, 7470, 7471, 7472, 7473, 7474, 7475, 7476, 7477, 7478, 7479, 7481,

8590, 8661, 8662, 8663, 8664, 8665, 8666, 8667, 8668, 8669, 8670, 8671, 8672, 8673, 8674, 8675, 8676, 8677, 8678, 8679, 8680, 8682, 8683, 8684, 8685, 8686, 8687, 8688, 8689, 8690, 8691, 8692, 8693,

8700, 8701, 8702, 8703, 8704, 8705, 8706, 8707, 8709, 8711, 8712, 8714, 8715, 8716, 8717, 8718, 8720, 8721, 8722, 8723, 8725, 8761, 8762, 8763, 8764, 8765, 8766, 8767, 8768, 8769, 8770, 8771, 8772, 8773, 8774, 8775, 8776, 8777, 8778, 8779, 8780, 8781, 8782, 8783, 8784, 8785, 8786, 8787, 8788, 8789, 8790, 8791, 8792, 8793, 8794, 8795, 8796, 8797, 8798, 8799,

8800, 8801, 8802, 8803, 8804, 8805, 8806, 8807, 8808, 8809, 8810, 8811, 8812, 8813, 8815, 8830, 8833, 8834, 8835, 8837, 8839, 8840, 8841, 8842, 8843, 8844, 8845, 8856, 8866, 8876, 8883, 8885, 8891, 8896,

8900, 8907, 8914, 8923, 8925, 8932, 8939, 8946, 8955.

(c)        within Community District 18

Zoning Resolutions Chapter 4 - Special Regulations Applying in Flood Hazard Areas Appendix A.2

Neighborhood Recovery Area Blocks within Community District 18:

8012, 8029, 8030, 8031, 8032, 8033, 8034, 8035, 8036, 8037, 8038, 8039, 8040, 8041, 8043, 8044, 8046, 8047, 8048, 8049, 8050, 8051, 8052, 8053, 8054, 8055, 8056, 8057, 8058, 8059, 8060, 8061, 8062, 8063, 8064, 8065, 8066, 8067, 8068, 8069, 8070, 8071, 8072, 8073, 8074, 8075, 8076, 8077, 8078, 8079, 8080, 8081, 8082, 8083, 8084, 8085, 8086, 8088, 8089, 8090,

8217, 8218, 8219, 8220, 8221, 8222, 8224, 8225, 8226, 8227, 8228, 8229, 8230, 8231, 8232, 8233, 8234, 8235, 8236, 8237, 8238, 8239, 8240, 8241, 8242, 8243, 8244, 8245, 8246, 8247, 8248, 8249, 8250, 8251, 8252, 8253, 8255, 8256, 8257, 8258, 8259, 8260, 8261, 8262, 8263, 8264, 8265, 8266, 8267, 8268, 8269, 8270, 8271, 8272, 8273, 8274, 8275, 8277, 8278, 8279, 8280, 8281, 8282, 8283, 8284, 8285, 8286, 8287, 8288, 8289, 8290, 8291, 8293, 8294, 8295, 8296, 8297, 8298, 8299,

8300, 8301, 8302, 8303, 8304, 8305, 8306, 8307, 8308, 8309, 8310, 8312, 8316, 8317, 8318, 8321, 8322, 8323, 8324, 8326, 8327, 8328, 8329, 8330, 8331, 8334.


        

(7/23/15)

64-A82

Neighborhood Recovery Areas in Queens

(a)        within Community District 10

Zoning Resolutions Chapter 4 - Special Regulations Applying in Flood Hazard Areas Appendix A.3

Neighborhood Recovery Area Blocks within Community District 10:

11469, 11472,

11572, 11583, 11588, 11589, 11590, 11591,

13947, 13949, 13950, 13951, 13952, 13953, 13954, 13955, 13956, 13957, 13959, 13960, 13961, 13962, 13963, 13964, 13965, 13966, 13967, 13968, 13969, 13970, 13971, 13972, 13977, 13978, 13979, 13980, 13981, 13982, 13983, 13984, 13985, 13986, 13987, 13988, 13989, 13990, 13991, 13999,

14000, 14001, 14002, 14003, 14004, 14005, 14006, 14007, 14008, 14009, 14010, 14011, 14012, 14013, 14016, 14017, 14018, 14019, 14020, 14021, 14022, 14023, 14024, 14025, 14026, 14027, 14028, 14029, 14030, 14039, 14040, 14041, 14042, 14043, 14044, 14045, 14046, 14047, 14048, 14057, 14058, 14059, 14060, 14061, 14062, 14063, 14064, 14065, 14066, 14067, 14068, 14069, 14070, 14071, 14072, 14073, 14074, 14075, 14076, 14077, 14078, 14079, 14080, 14081, 14082, 14083, 14084, 14085, 14086,

14140, 14141, 14142, 14143, 14145, 14147, 14148, 14149, 14150, 14151, 14152, 14154, 14155, 14156, 14158, 14159, 14160, 14161, 14162, 14163, 14165, 14166, 14167, 14168, 14169, 14170, 14171, 14172, 14173, 14175, 14176, 14177, 14178, 14179, 14180, 14181, 14182, 14183, 14185, 14186, 14187, 14188, 14189, 14191, 14192, 14193, 14194, 14195, 14197, 14198, 14199,

14200, 14201, 14203, 14204, 14205, 14206, 14207, 14209, 14210, 14211, 14212, 14225, 14228, 14231, 14234, 14238, 14239, 14240, 14241, 14242, 14243, 14244, 14245, 14246, 14247, 14248, 14249, 14250, 14251, 14252, 14253, 14254, 14255, 14260.

(b)        within Community District 13

Zoning Resolutions Chapter 4 - Special Regulations Applying in Flood Hazard Areas Appendix A.4

Neighborhood Recovery Area Blocks within Community District 13:

13895, 13910, 13911, 13912, 13913, 13914, 13921, 14260.


(c)        within Community District 14

Zoning Resolutions Chapter 4 - Special Regulations Applying in Flood Hazard Areas Appendix A.5

Neighborhood Recovery Area Blocks within Community District 14:

15100,

15300, 15301, 15302, 15303, 15304, 15305, 15306, 15308, 15311, 15312, 15313, 15314, 15315, 15316, 15317, 15318, 15319, 15320, 15321, 15322, 15323, 15324, 15325, 15326, 15327, 15350, 15375, 15376,

15400, 15450, 15451, 15452, 15453, 15454, 15455, 15456, 15457, 15458, 15459, 15460, 15461, 15462, 15463, 15464, 15465, 15466, 15475, 15476, 15477, 15478, 15479, 15480, 15481, 15482, 15483, 15484, 15485, 15486,

15500, 15501, 15502, 15503, 15504, 15505, 15506, 15507, 15508, 15509, 15510, 15511, 15512, 15513, 15514, 15515, 15516, 15525, 15526, 15527, 15528, 15529, 15530, 15531, 15532, 15533, 15534, 15535, 15536, 15537, 15541, 15542, 15543, 15544, 15545, 15546, 15547, 15549, 15551, 15552, 15553, 15554, 15555, 15556, 15557, 15559, 15560, 15561, 15562, 15563, 15564, 15566, 15567, 15568, 15569, 15570, 15571, 15572, 15573, 15574, 15575, 15576, 15577, 15578, 15579, 15580, 15581, 15582, 15583, 15584, 15585, 15586, 15587, 15588, 15589, 15590, 15591, 15592, 15593, 15594, 15595, 15596, 15597, 15598, 15599,

15600, 15601, 15602, 15603, 15604, 15605, 15606, 15607, 15608, 15609, 15610, 15612, 15613, 15614, 15615, 15616, 15617, 15618, 15619, 15620, 15621, 15622, 15624, 15625, 15626, 15627, 15628, 15629, 15631, 15632, 15633, 15634, 15636, 15637, 15638, 15649, 15650, 15651, 15652, 15653, 15654, 15655, 15656, 15657, 15658, 15659, 15660, 15661, 15662, 15663, 15664, 15665, 15669, 15670, 15675, 15680, 15681, 15682, 15683, 15684, 15685, 15686, 15687, 15688, 15689, 15690, 15691, 15693, 15694, 15695, 15696, 15697, 15698, 15699,

15700, 15701, 15702, 15703, 15704, 15705, 15706, 15707, 15709, 15710, 15711, 15712, 15713, 15714, 15716, 15717, 15718, 15719, 15720, 15721, 15722, 15723, 15724, 15725, 15726, 15728, 15731, 15732, 15733, 15734, 15735, 15736, 15737, 15738, 15739, 15740, 15741, 15742, 15744, 15745, 15747, 15749, 15750, 15751, 15752, 15753, 15754, 15756, 15758, 15759, 15760, 15761, 15762, 15763, 15764, 15765, 15766, 15767, 15768, 15769, 15770, 15771, 15772, 15773, 15774, 15775, 15776, 15780, 15781, 15782, 15783, 15784, 15785, 15786, 15787, 15788, 15789, 15790, 15791, 15793, 15794, 15795, 15796, 15797, 15798, 15799,

15800, 15801, 15802, 15803, 15804, 15805, 15806, 15807, 15808, 15810, 15815, 15817, 15818, 15819, 15820, 15821, 15822, 15823, 15824, 15825, 15826, 15827, 15828, 15829, 15830, 15831, 15833, 15834, 15835, 15836, 15837, 15838, 15839, 15840, 15841, 15842, 15843, 15845, 15847, 15848, 15849, 15850, 15851, 15852, 15853, 15855, 15857, 15859, 15860, 15861, 15862, 15863, 15864, 15865, 15866, 15867, 15868, 15869, 15870, 15871, 15873, 15874, 15875, 15876, 15877, 15878, 15879, 15880, 15881, 15882, 15883, 15884, 15885, 15886, 15887, 15888, 15889, 15890, 15891, 15892, 15894, 15895, 15897, 15898,

15900, 15901, 15902, 15903, 15904, 15905, 15907, 15908, 15909, 15910, 15913, 15915, 15916, 15917, 15918, 15919, 15921, 15922, 15923, 15926, 15931, 15932, 15933, 15934, 15935, 15936, 15937, 15938, 15939, 15940, 15941, 15942, 15944, 15945, 15947, 15948, 15950, 15952, 15953, 15954, 15955, 15960, 15961, 15962, 15963, 15964, 15965, 15966, 15967, 15968, 15969, 15970, 15971, 15972, 15973, 15974, 15976, 15977, 15980, 15990,

16000, 16001, 16002, 16003, 16004, 16005, 16006, 16007, 16008, 16010, 16011, 16013, 16014, 16015, 16017, 16019, 16021, 16022, 16023, 16024, 16025, 16026, 16027, 16028, 16029, 16030, 16031, 16032, 16033, 16034, 16035, 16036, 16037, 16038, 16039, 16040, 16041, 16042, 16043, 16045, 16046, 16047, 16048, 16049, 16050, 16051, 16052, 16053, 16054, 16056, 16057, 16058, 16059, 16061, 16062, 16063, 16064, 16065, 16066, 16067, 16069, 16070, 16075, 16076, 16077, 16078, 16079, 16080, 16081, 16083, 16087, 16088, 16089, 16090, 16091, 16092, 16093, 16096, 16099,

16100, 16103, 16104, 16105, 16106, 16109, 16110, 16111, 16112, 16113, 16114, 16115, 16116, 16117, 16118, 16119, 16120, 16121, 16122, 16123, 16124, 16125, 16126, 16127, 16128, 16129, 16130, 16131, 16133, 16134, 16135, 16136, 16137, 16138, 16139, 16150, 16151, 16152, 16153, 16154, 16155, 16156, 16157, 16158, 16159, 16160, 16161, 16162, 16164, 16166, 16167, 16168, 16169, 16170, 16171, 16172, 16173, 16174, 16175, 16176, 16177, 16178, 16179, 16180, 16181, 16183, 16184, 16185, 16186, 16187, 16188, 16189, 16190, 16191, 16192, 16193, 16194, 16195, 16196, 16197, 16198, 16199,

16200, 16201, 16202, 16203, 16204, 16205, 16206, 16207, 16208, 16209, 16210, 16211, 16212, 16213, 16214, 16215, 16216, 16217, 16218, 16219, 16220, 16221, 16222, 16223, 16224, 16225, 16226, 16227, 16228, 16229, 16230, 16231, 16232, 16233, 16234, 16235, 16236, 16237, 16238, 16239, 16240, 16241, 16242, 16243, 16244, 16245, 16246, 16247, 16248, 16249, 16250, 16251, 16252, 16253, 16254, 16255, 16256, 16257, 16258, 16259, 16260, 16261, 16262, 16263, 16264, 16265, 16266, 16267, 16268, 16269, 16270, 16271, 16272, 16273, 16274, 16275, 16276, 16277, 16278, 16279, 16280, 16281, 16282, 16283, 16284, 16285, 16286, 16287, 16288, 16290, 16292, 16293, 16294, 16295, 16296, 16297, 16298, 16299,

16300, 16301, 16302, 16303, 16304, 16305, 16306, 16307, 16308, 16309, 16310, 16311, 16312, 16313, 16314, 16315, 16316, 16317, 16318, 16319, 16320, 16321, 16322, 16323, 16324, 16325, 16340.

        

(9/7/17)

64-A83

Neighborhood Recovery Areas in Staten Island

In Staten Island, any areas designated by New York State as part of the NYS Enhanced Buyout Area Program located within Special Coastal Risk District 3, as established in the Appendix to Article XIII, Chapter 7, are excluded from a Neighborhood Recovery Area.

(a)        within Community District 2


Zoning Resolutions Chapter 4 - Special Regulations Applying in Flood Hazard Areas Appendix A.6

Neighborhood Recovery Area Blocks within Community District 2:

3108, 3109, 3110, 3111, 3112, 3113, 3114, 3115, 3116, 3117, 3118, 3119, 3120, 3121, 3122, 3123, 3124, 3125, 3128,

3220, 3221, 3222, 3223, 3224, 3235, 3236, 3237, 3238, 3239, 3243, 3246, 3247, 3248, 3249, 3250, 3251, 3252, 3253, 3254, 3255, 3256, 3257, 3263, 3264, 3266, 3267, 3268, 3269, 3270, 3271, 3272, 3273, 3274, 3275, 3276, 3277, 3278, 3279, 3280, 3281, 3282, 3284,

3346, 3347, 3348, 3349, 3350, 3351, 3352, 3353, 3354, 3355, 3358, 3359, 3360, 3361, 3362, 3368, 3369, 3370, 3371, 3372, 3373, 3374, 3375, 3376, 3377, 3378, 3379, 3380, 3389, 3390, 3391, 3392, 3393, 3394, 3395, 3396, 3397, 3398,

3400, 3401, 3402, 3403, 3404, 3405, 3406, 3407, 3408, 3410, 3411, 3412, 3413, 3414, 3415, 3416, 3417, 3418, 3419, 3420, 3422, 3423, 3427, 3472, 3475, 3478, 3481, 3491,

3500, 3525, 3538, 3539, 3540, 3541, 3542, 3543, 3544, 3545, 3546, 3547, 3548, 3549, 3550, 3551, 3555, 3556, 3557, 3558, 3559, 3560, 3561, 3567, 3568, 3569, 3570, 3571, 3572, 3573, 3574, 3575, 3583, 3584, 3585, 3586, 3587, 3588, 3589, 3590, 3591,

3603, 3604, 3605, 3608, 3609, 3610, 3613, 3614, 3615, 3650, 3651, 3652, 3655, 3656, 3657, 3658, 3659, 3660, 3661, 3662, 3663, 3664, 3665, 3666, 3667, 3668, 3669, 3670, 3671, 3672, 3673, 3674, 3679, 3680, 3681, 3682, 3683, 3684, 3685, 3686, 3687, 3688, 3689, 3690, 3691, 3692, 3696, 3697, 3698, 3699,

3700, 3701, 3702, 3703, 3704, 3705, 3706, 3707, 3708, 3709, 3710, 3711, 3712, 3713, 3714, 3715, 3716, 3717, 3718, 3721, 3722, 3723, 3724, 3725, 3726, 3727, 3728, 3729, 3730, 3731, 3732, 3733, 3734, 3735, 3736, 3737, 3738, 3739, 3740, 3741, 3742, 3743, 3744, 3745, 3746, 3747, 3748, 3750, 3751, 3752, 3753, 3754, 3755, 3756, 3757, 3758, 3759, 3760, 3761, 3762, 3763, 3764, 3765, 3766, 3767, 3768, 3769, 3790, 3791, 3792, 3793, 3794, 3795, 3796, 3797, 3798, 3799,

3800, 3801, 3802, 3803, 3804, 3805, 3806, 3807, 3808, 3809, 3810, 3811, 3812, 3813, 3814, 3815, 3816, 3817, 3818, 3819, 3820, 3821, 3822, 3823, 3824, 3825, 3826, 3829, 3830, 3831, 3832, 3833, 3834, 3835, 3836, 3837, 3838, 3839, 3840, 3842, 3843, 3844, 3845, 3846, 3847, 3848, 3849, 3850, 3851, 3856, 3859, 3860, 3861, 3864, 3868, 3871, 3873, 3875, 3879, 3881, 3882, 3883, 3884, 3885, 3886, 3887, 3888, 3889, 3891, 3893,

3930,

4031, 4033, 4035, 4037, 4038, 4039, 4040, 4041, 4043, 4045, 4046, 4047, 4048, 4049, 4050, 4064, 4065, 4066, 4067, 4068, 4069, 4076, 4077, 4078, 4079, 4080, 4081, 4082, 4083, 4084, 4085, 4086, 4087, 4088, 4089, 4091, 4092, 4093, 4105.


(b)        within Community District 3

Zoning Resolutions Chapter 4 - Special Regulations Applying in Flood Hazard Areas Appendix A.7


Neighborhood Recovery Area Blocks within Community District 3:

3983,

4000, 4001, 4002, 4007, 4015, 4016, 4017, 4018, 4019, 4020, 4021, 4022, 4023, 4024, 4025, 4026, 4027, 4028, 4029, 4030, 4049, 4051, 4052, 4053, 4054, 4055, 4056, 4057, 4058, 4063, 4070, 4071, 4073, 4074,

4105, 4108, 4130, 4131, 4160,

4668, 4669, 4672, 4673, 4674, 4675, 4676, 4678, 4679, 4680, 4681, 4682, 4683, 4684, 4685, 4686, 4687, 4688, 4689, 4690, 4691, 4692, 4693, 4694, 4695,

4717, 4718, 4719, 4720, 4721, 4722, 4723, 4724, 4725, 4726, 4728, 4736, 4737, 4738, 4739, 4740, 4746, 4754, 4758, 4759, 4760, 4761, 4762, 4767, 4768, 4772, 4773, 4774, 4775, 4776, 4781, 4782, 4785, 4787, 4788, 4791, 4792, 4793,

4802, 4803, 4805, 4994,

5067, 5190, 5195, 5200, 5201, 5202, 5203, 5204, 5205, 5206, 5207, 5208, 5209, 5212, 5298, 5299,

5302, 5303, 5306, 5307, 5308, 5309, 5310, 5311, 5312, 5313, 5314, 5315, 5316, 5317, 5318, 5319, 5320, 5321, 5322,

5409, 5410, 5411, 5412, 5415, 5418.


(c)        within Community District 3

Zoning Resolutions Chapter 4 - Special Regulations Applying in Flood Hazard Areas Appendix A.8

Neighborhood Recovery Area Blocks within Community District 3:

7722,

7857, 7858, 7859, 7860, 7861, 7862, 7863, 7880, 7881, 7883, 7884, 7885,

7905, 7906.

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