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Chapter 7 - Special Provisions for Zoning Lots Divided by District Boundaries

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

Whenever any zoning lot is located in two or more districts in which different uses are permitted, or in which different use, bulk, accessory off-street parking and loading, or other regulations apply, the provisions of this Chapter shall apply.

Whenever a zoning lot is divided by a boundary between two or more districts and such zoning lot did not exist on December 15, 1961, or any applicable subsequent amendment thereto, each portion of such zoning lot shall be regulated by all the provisions applicable to the district in which such portion of the zoning lot is located. However, the provisions of paragraph (a) of Section 77-22 (Floor Area Ratio) and Section 77-40 (SUPPLEMENTAL REGULATIONS) shall apply to zoning lots created at any time where different bulk regulations apply to different portions of such zoning lot.

Whenever a zoning lot is divided by a boundary between two or more districts and such zoning lot existed on December 15, 1961, or any applicable subsequent amendment thereto, the provisions of this Resolution may be applied to such zoning lot as set forth in subsequent Sections of this Chapter. Except as specifically provided in this Chapter, each portion of such zoning lot shall be regulated by all the provisions applicable to the district in which such portion of the zoning lot is located.

Whenever a zoning lot existing on December 15, 1961, or on any applicable subsequent amendment thereto, is divided by a boundary between districts in which different uses are permitted, the use regulations applicable to the district in which more than 50 percent of the lot area of the zoning lot is located may apply to the entire zoning lot, provided that the greatest distance from the mapped district boundary to any lot line of such zoning lot in the district in which less than 50 percent of its area is located does not exceed 25 feet. Such distance shall be measured perpendicular to the mapped district boundary.

Whenever the use regulations are so applied, the district boundary may be assumed to be relocated accordingly, and the bulk, off-street parking and loading, and all other regulations applying to such expanded district shall apply to the entire zoning lot. However, when the zoning lot is divided by a district boundary between a district limited to single- or two-family residences and a district permitting multiple dwellings, the use and bulk regulations of an R3-2 District shall apply in the R1, R2, R3A, R3X or R3-1 portion, and the use and bulk regulations of an R4 District shall apply in the R2X, R4A, R4-1 or R4B portion.

Except as specifically provided by the provisions of a special purpose district, the provisions of this Section shall apply to zoning lots which are divided by a special purpose district boundary line.

Whenever a zoning lot is divided by a boundary between districts in which different uses are permitted and the provisions of Section 77-11 (Conditions for Application of Use Regulations to Entire Zoning Lot) do not apply, the applicable use regulations for each district shall apply to that portion of the zoning lot located within such district, except as provided in Section 73-42 (Enlargement of Uses Across District Boundaries) or 73-52 (Modifications for Zoning Lots Divided by District Boundaries).

The regulations governing use are set forth in Article II, Chapter 2; Article III, Chapter 2; and Article IV, Chapter 2.

Whenever a zoning lot existing on December 15, 1961, or on any applicable subsequent amendment thereto, is divided by a boundary between districts with different bulk regulations, and the provisions of Sections 77-11 (Conditions for Application of Use Regulations to Entire Zoning Lot) or 77-211 (Conditions for application of bulk regulations to entire zoning lot) do not apply, the bulk regulations may apply as set forth in Sections 77-22 to 77-29, inclusive, relating to Bulk Regulations.

Whenever a zoning lot existing on December 15, 1961, or on any applicable subsequent amendment thereto, is divided by a boundary between:

(a)        two Residence Districts limited to single- or single- and two-family residences; or

(b)        two Commercial Districts or two Manufacturing Districts in which the same uses are permitted but different bulk regulations apply;

the bulk regulations applicable to the district in which more than 50 percent of the lot area of the zoning lot is located may apply to the entire zoning lot, provided that the greatest distance from the mapped district boundary to any lot line of such zoning lot in the district in which less than 50 percent of its area is located does not exceed 25 feet. Such distance shall be measured perpendicular to the mapped district boundary.

Whenever the bulk regulations are so applied, the district boundary may be assumed to be relocated accordingly, and the off-street parking and loading and all other regulations applying to such expanded district shall apply to the entire zoning lot.

Except as specifically provided by the provisions of a Special Purpose District, the provisions of this Section shall apply to zoning lots that are divided by a Special Purpose District boundary line.

The maximum floor area ratio permitted on each portion of such zoning lot for the applicable type of building or buildings on such zoning lot shall be determined under the applicable regulations of Articles II, III and IV.

Each such floor area ratio shall be multiplied by the percentage of the zoning lot to which such floor area ratio applies. The sum of the products thus obtained shall be the adjusted maximum floor area ratio applicable to such zoning lot.

In applying this provision, the floor area bonus permitted for publicly accessible open areas or arcades, under the applicable regulations of this Resolution, shall apply only to such publicly accessible open areas, arcades or portions thereof, as are located in a district in which such bonus is granted.

When a zoning lot (with a height factor greater than 21) does not have a specified maximum floor area ratio, for the purpose of computing the adjusted maximum floor area ratio, the floor area ratio of such zoning lot shall be deemed to be that which can be achieved at the minimum required open space ratio for such zoning lot.

The floor area resulting from application of the adjusted maximum floor area ratio may be located anywhere on the zoning lot, subject to all other regulations of this Resolution, and provided that the floor area ratio for any portion of the zoning lot within one district shall not exceed the maximum floor area ratio, by height factor, if applicable, specified for that district, or the adjusted maximum floor area ratio for the zoning lot, whichever is greater, except as follows:

(a)        In R3-2 Districts, R4 Districts, except R4A, R4-1 and R4B Districts, R5 Districts, and equivalent Commercial Districts, and for Quality Housing buildings in R6, R7 and R8 Districts and equivalent Commercial Districts outside the Manhattan Core, the residential floor area ratio of that portion of the zoning lot fronting on and within 100 feet of a wide street and permitting the greater maximum permitted residential floor area ratio may exceed the maximum permitted residential floor area ratio for the portion of the zoning lot by up to 20 percent, provided that the maximum residential floor area ratio for the zoning lot does not exceed the adjusted maximum residential floor area ratio applicable to such zoning lot.

(b)        For portions of zoning lots within an R2X, R3-1, R3A, R3X, R4-1, R4A or R4B District not subject to the provisions of Section 77-11 (Conditions for Application of Use Regulations to Entire Zoning Lot), the floor area ratio for such portion of the zoning lot shall not exceed the maximum floor area ratio specified for that district.

The open space required for such zoning lot shall be computed separately for each portion of the zoning lot under the applicable regulations of the underlying districts. The total open space provided on the zoning lot shall not be less than the sum of such required open space so computed.

For portions of the zoning lot located in districts that have required open space ratios, the required open space for each such portion is computed by multiplying the lot area of that portion, by the maximum floor area ratio permitted for the applicable type of building or buildings, by the minimum open space ratio required at that floor area ratio, divided by 100.

For portions of the zoning lot located in other districts that do not have required open space ratios but do have required open space, the required open space for each such portion is computed by multiplying the lot area of that portion, by the minimum percentage of open space required, divided by 100.

For portions of the zoning lot located in districts that do not have a required open space ratio or required open space, no open space shall be required but any required yards, or publicly accessible open area provided, for which a floor area or lot area bonus is taken, shall be in addition to the amount of open space required on the remaining portion of the zoning lot. No open area may be counted twice in fulfilling these requirements.

The required open space may be located anywhere on the zoning lot subject to all other regulations of this Resolution and provided that the open space ratio for any portion of the zoning lot within one district shall not be less than 60 percent of the required open space ratio for that district.

77-24

Lot Coverage

The maximum percent of lot coverage permitted on each portion of a zoning lot shall be determined under the applicable regulations of Article II, Chapters 3 and 4.

Each such maximum percent of lot coverage shall be multiplied by the lot area of the portion of the zoning lot to which such percent of lot coverage applies. The sum of the areas of lot coverage thus obtained shall be the maximum area of lot coverage for the zoning lot. Such maximum area of lot coverage, divided by the lot area of the zoning lot, shall be the adjusted maximum percent of lot coverage for the zoning lot.

A building whose lot coverage does not exceed the adjusted maximum percentage of lot coverage may be located anywhere on such zoning lot or portion of such zoning lot, subject to all other regulations of this Resolution, and provided that the percentage of lot coverage for any portion of the zoning lot within one district shall not exceed the maximum percentage of lot coverage specified for that district, or the adjusted maximum percentage of lot coverage for the zoning lot, whichever is greater.

If a zoning lot divided by a boundary between two or more districts is partly a corner lot and partly an interior lot or through lot, separate adjusted maximum percentages of lot coverage shall be computed for such corner lot and for such interior lot or through lot and applied separately to such corner lot and to such interior lot or through lot, as though each were a separate zoning lot. The provisions of this paragraph shall not apply to zoning lots located on waterfront blocks.

If a zoning lot is partly in a district in which there is no maximum permitted percentage of lot coverage for the use, the provisions of this Section shall apply to such portions of the zoning lot as are in a district with a maximum lot coverage requirement.

In R2X, R3, R4 or R5 Districts for residential portions of buildings, each portion of the zoning lot shall be governed by the lot coverage regulations specified for the district in which it is located as set forth in Article II, Chapter 3.

Wherever a zoning lot is divided by a district boundary in which one portion of the zoning lot is located in a district having a lot coverage requirement and the other portion is located in a district having an open space ratio requirement, the required open space for the portion having the open space ratio requirement shall be computed in accordance with Section 77-23 (Open Space Ratio). The inverse of such required open space shall be the maximum lot coverage permitted on that portion of the zoning lot, and may be located anywhere on the zoning lot subject to all other regulations of this Resolution.

Whenever a zoning lot is divided by a boundary between districts with different density requirements, the maximum number of dwelling units or rooming units permitted on the zoning lot shall equal the sum of the maximum number of dwelling units or rooming units permitted for each portion of the zoning lot in accordance with the applicable district regulations. Such dwelling units or rooming units may be located wherever a building is permitted on the zoning lot. However, for portions of zoning lots in R1, R2, R3-1, R3A, R3X, R4-1, R4A, R4B or R5A Districts, no more than one or two dwelling units may be provided, as applicable.

Each portion of the zoning lot shall be governed by the yard regulations specified for the district in which it is located.

For zoning lots divided by district boundaries in which all applicable height and setback regulations include the use of sky exposure planes, the height and setback regulations of each street frontage of the zoning lot shall be determined by multiplying the quantitative requirements set forth in the regulations of the Chapters, which are applicable to each portion of such street frontage, by the percentage of such street frontage to which such regulations apply. The sum of the products obtained shall be the controlling requirements for the zoning lot.

In determining the percentage of such street frontage, the percentage shall be based on the total frontage of the zoning lot along such street.

However, if any portion of such zoning lot is located within a Limited Height District, the provisions of Sections 23-691, 24-591, 33-491 or 43-49 (Limited Height Districts) shall apply to such portion of the zoning lot.

For all other zoning lots, each portion of such zoning lot shall be regulated by the height and setback provisions applicable to the district in which such portion of the zoning lot is located.

In R2X, R3, R4 or R5 Districts, for residential portions of buildings, each portion of the zoning lot shall be governed by the height and setback regulations specified for the district in which it is located, as set forth in Article II, Chapter 3.

For the purposes of defining a building envelope pursuant to

paragraph (b) of Section 23-631 (General provisions), apex points may be located on a zoning district boundary which divides a building.

Furthermore, if any portion of a zoning lot is located in an R2X, R3, R4, R4-1 or R4A District, the height and setback regulations specified for such district may apply to the entire zoning lot provided that such district comprises more than 50 percent of such zoning lot, and the greatest distance from the mapped district boundary to any lot line of such zoning lot in the district in which less than 50 percent of its area is located does not exceed 25 feet. Such distance shall be measured perpendicular to the mapped district boundary.

If 50 percent or more of a zoning lot is located within a district to which the provisions of Sections 23-65, 24-54, 33-45 or 43-45 (Tower Regulations) apply, and the remaining portion of the zoning lot is within a district to which such provisions do not apply, any building or portion thereof which, in the aggregate, occupies not more than 40 percent or, on small lots, the percentage set forth in Sections 23-65, 24-54, 33-454 or 43-451 (Towers on small lots) of the lot area of the entire zoning lot (which building or portion thereof is hereinafter referred to as a tower) may penetrate any applicable established sky exposure plane, provided that such tower shall comply with the applicable setback requirements or restrictions on aggregate area that may be occupied within 50 feet of a narrow street or 40 feet of a wide street, as set forth in Sections 23-65, 24-54, 33-45 or 43-45.

If 50 percent or more of a zoning lot is located in a district in which the provisions of Sections 33-455 (Alternate regulations for towers on lots bounded by two or more streets), 33-456 (Alternate setback regulations on lots bounded by two or more streets) or 33-457 (Tower setbacks on narrow blocks) apply, and the remaining portion of the zoning lot is within a district in which such provisions do not apply, any building or any tower that occupies not more than the applicable percent of the lot area of a zoning lot as set forth in Section 33-455 or 33-456 and which complies with the applicable setback requirements as set forth in Sections 33-455, 33-456 or 33-457, may penetrate any applicable established sky exposure plane.

Subject to the requirements set forth hereinbefore and those specified in Sections 77-22 (Floor Area Ratio) and 77-23 (Open Space Ratio), such tower may be located anywhere on such zoning lot.

Whenever a zoning lot existing on December 15, 1961, or on any applicable subsequent amendment thereto, is divided by a boundary between districts with different off-street parking or loading regulations, and the provisions of Section 77-11 (Conditions for Application of Use Regulations to Entire Zoning Lot) do not apply, the off-street parking and loading regulations may apply as set forth in this Chapter.

The percentage requirements for accessory off-street parking for residences applicable to each portion of the zoning lot shall be multiplied by the percentage of the total lot area of the zoning lot to which each such requirement applies. The sum of the products obtained shall be the percentage requirement applicable to residences on such zoning lot. Such off-street parking spaces may be located anywhere on the zoning lot without regard to district boundaries, provided that such spaces shall conform to all the other applicable provisions of this Resolution.

For non-residential uses, the requirements for accessory off-street parking or loading of that district in which more than 50 percent of the total area of the zoning lot is located, shall apply to the entire zoning lot. The parking spaces or loading berths may be located anywhere on the zoning lot without regard to district boundaries, provided that such spaces or berths shall conform to all other applicable regulations of this Resolution.

When such boundary is between a Residence District and a Commercial District, or between a Commercial District and a Manufacturing District, or between a Residence District and a Manufacturing District, the provisions of this Section shall apply.

For any use which is permitted in both such districts, the applicable requirements for accessory off-street parking and loading of that district in which more than 50 percent of the zoning lot is located shall apply to the entire zoning lot. The parking spaces or loading berths may be located anywhere on the zoning lot without regard to district boundaries, provided that such spaces or berths shall conform to all other applicable regulations of this Resolution.

For any use which is permitted in one such district but not in the other, the applicable district requirements for accessory off-street parking and loading shall be satisfied entirely within the district within which such use is permitted, provided, however, that:

(a)        the required parking spaces for residential or community facility uses, or the loading berths for community facility uses, may be located on that portion of the zoning lot which is in a C8 or Manufacturing District;

(b)        the required parking spaces or loading berths for any commercial use may be located on that portion of the zoning lot which is in a Manufacturing District;

(c)        the required parking spaces or loading berths for manufacturing uses may be located on that portion of the zoning lot which is in a C8 District; and

provided, further, that such spaces or berths shall conform to all other applicable regulations of this Resolution.

For buildings developed or enlarged on zoning lots in which a district boundary divides the building such that the Quality Housing Program applies in one portion of the building but not the other, the following Sections of Article II, Chapter 8, shall apply to the entire building or zoning lot, as applicable:

Section 28-10 (BUILDING INTERIOR)

Section 28-20 (RECREATION SPACE AND PLANTING AREAS)

Section 28-30 (SAFETY AND SECURITY)

Section 28-40 (PARKING FOR QUALITY HOUSING).

Where each zoning district has a different recreation space requirement, and/or density of dwelling units per corridor standard, the following rule shall apply:

To arrive at one standard for the building, each standard shall be multiplied by the percentage of the zoning lot to which such standard applies. The sum of the products thus obtained shall be the adjusted standard applicable to the building. For any portion of the zoning lot in an R3-2, R4 (except R4-1, R4A or R4B), or R5 District, the R6B District standards shall apply.

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