Chapter 3 - Residential Bulk Regulations in Residence Districts
The bulk regulations of this Chapter apply to any zoning lot or portion of a zoning lot located in any Residence District which contains any residential building or other structure, or to the residential portion of a building or other structure used for both residential and community facility uses. The bulk regulations of Article II, Chapter 4, shall apply to any zoning lot or portion of a zoning lot containing a community facility building or to the community facility portion of a building used for both residential and community facility uses, except as set forth in Sections 24-04 (Applicability of Article II, Chapter 3 Regulations) and 24-05 (Buildings containing certain community facility uses). In addition, the bulk regulations of this Chapter, or of specified Sections thereof, also apply in other provisions of this Resolution where they are incorporated by cross reference.
The conversion of non-residential floor area to residences shall be subject to the provisions of Article I, Chapter 5 (Residential Conversions Within Existing Buildings), unless such conversions meet the requirements for residential developments of Article II (Residence District Regulations).
Existing buildings or other structures that are non-complying buildings or other structures or existing buildings where an enlargement, conversion, extension, change of use or other alternation would create a non-compliance with the applicable bulk regulations are subject to the regulations set forth in Article V, Chapter 4.
Special regulations applying in certain areas are set forth in Article VI, inclusive.
Special permits that may be granted by the Board of Standards and Appeals are set forth in Article VII, Chapter 3. Special permits and authorizations that may be granted by the City Planning Commission are set forth in Article VII, Chapters 4 and 5, respectively.
Special regulations applying to large-scale residential developments or large-scale community facility developments are set forth in Article VII, Chapters 8 or 9, respectively. Special regulations applying to large-scale general developments are set forth in Section 74-74.
Any development or enlargement that occurs on or over a railroad right-of-way, or the inclusion of a railroad right-of-way in the lot area of a zoning lot less than one and a half acres, and that is not accessory to such railroad right-of-way, shall be certified by the Chairperson of the City Planning Commission pursuant to Section 75-41. In addition, the development or enlargement of a building on a zoning lot greater than one and a half acres that includes a railroad right-of-way or former railroad right-of-way, where such building is not accessory to a railroad right-of-way#, may be permitted by the Commission pursuant to Section 74-61.
Special regulations applying only in Special Purpose Districts are set forth in Articles VIII, IX, X, XI, XII, XIII and XIV.
The following bulk regulations are adopted in order to protect residential areas against congestion and to encourage the development of desirable and stable residential neighborhoods. In order to achieve these purposes, a direct control of density as well as of the physical volume of buildings is established.
In all districts, whenever a zoning lot is divided by a boundary between districts or is subject to different bulk regulations for different portions of the zoning lot, the provisions set forth in Article VII, Chapter 7, shall apply.
Special rules governing optional bulk regulations affecting one or more bulk parameters are set forth in Section 23-70 (ALTERNATIVE BULK REGULATIONS FOR CERTAIN AREAS), inclusive.
These optional bulk provisions include alternative rules for:
- predominantly built-up areas, as set forth in Section 23-71, inclusive;
- portions of Community District 12 in the Borough of Brooklyn, as set forth in Section 23-72, inclusive; and
- sky exposure plane buildings, as set forth in Section 23-73, inclusive.
Where any of such optional provisions are utilized, all the other associated bulk provisions set forth in Section 23-70, inclusive, shall apply.
In R6 through R10 Districts without a letter suffix, on zoning lots where demolition or disposition is subject to approval from the U.S. Department of Housing and Urban Development (HUD) under section 18 of the Housing Act of 1937, the provisions of this Section shall apply.
For developments or enlargements of residences other than qualifying senior housing or MIH developments on MIH sites:
- on zoning lots where the height of any existing building containing residences exceeds the heights for zoning lots containing standard residences set forth in Section 23-432, the regulations for sky exposure plane buildings set forth in Section 23-73, inclusive, shall apply, and shall not be optional; and
- on zoning lots where the height of all existing building containing residences are less than or equal to the heights for zoning lots containing standard residences set forth in Section 23-432, the bulk regulations for residential buildings of this Chapter applicable to non-sky exposure plane buildings may be applied, except that:
- the height and setback modifications for eligible sites set forth in Section 23-434 shall not apply; and
- the minimum distance between buildings two of more buildings on the same zoning lot that are not connected at any level shall be governed by the provisions of paragraph (c) of Section 23-735. Notwithstanding the provisions of Section 23-05, the use of this Section shall not necessitate the utilization of all other provisions for sky exposure plane buildings unless other provisions of Section 23-73, inclusive, are applied.
Minimum lot area and lot width regulations are set forth in Section 23-11 for R1 through R5 Districts and Section 23-12 for R6 through R12 Districts.
However, such lot area and lot width regulations shall not apply to zoning lots in existence on December 5, 2024, where the lot area or lot width was less than the prescribed minimums of such Sections, and after December 5, 2024, such lot area or lot width has not decreased.
Where two or more buildings that are single- or two-family detached or zero lot line residences are located on a zoning lot, the applicable minimum lot area requirement set forth in the table in this Section shall be multiplied by the number of such buildings on the zoning lot. For the purposes of applying such calculation, detached buildings that are permitted obstructions in a required rear yard or rear yard equivalent shall not be included.
R1 R2 R3 R4 R5
In the districts indicated, no residence shall be permitted on a zoning lot with a total lot area or lot width less than as set forth in the following table:
REQUIRED MINIMUM LOT AREA AND LOT WIDTH
Type of Residence |
District |
Minimum Lot Area (in sq. ft) |
Minimum Lot Width (in ft) |
Single- or two-family detached, or zero lot line, where permitted |
R1-1 |
7,125 |
75 |
R1-2 R1-2A |
4,750 |
50 |
|
R2 R2A R2X R3X R3-1 R3-2 R4 R5 |
2,850 |
30 |
|
R3A R4-1 R4A R4B R5A R5B R5D |
2,375 |
25 |
|
Other residences, where permitted |
R1 – R5 |
1,700 |
18 |
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, no residence shall be permitted on a zoning lot with a total lot area or lot width less than as set forth in the following table:
REQUIRED MINIMUM LOT AREA AND LOT WIDTH
Type of Residence |
District |
Minimum Lot Area (in sq. ft) |
Minimum Lot Width (in ft) |
Single- or two-family detached or zero lot line |
R6 - R12 |
2,375 |
25 |
Other residences |
R6 - R12 |
1,700 |
18 |
FLOOR AREA REGULATIONS
Floor area regulations are set forth in Section 23-21 for R1 through R5 Districts and Section 23-22 for R6 through R12 Districts. Special allowances for multi-family buildings are set forth in Section 23-23. Special rules governing certain areas are set forth in Section 23-24.
For zoning lots with buildings containing multiple uses or multiple buildings with different uses, inclusive of residences subject to different floor area ratios, the maximum floor area ratio for each use shall be as set forth in the applicable provisions of this Section, inclusive, or as provided in the respective floor area provisions of another Chapter of this Resolution. The total of all such floor area ratios shall not exceed the greatest floor area ratio permitted for any such use on the zoning lot.
Where floor area in a building is shared by multiple uses, the floor area for such shared portion shall be attributed to each use proportionately, based on the percentage each use occupies of the total floor area of the zoning lot, less any shared floor area.
Where a floor area bonus established through another Section of this Resolution applies to a zoning lot containing residences, the residential floor area ratio used to calculate the maximum permitted floor area bonus shall be the maximum floor area ratio permitted for such zoning lot pursuant to this Section, depending on whether the zoning lot is a qualifying residential site or the zoning lot contains qualifying affordable housing or qualifying senior housing#.
R1 R2 R3 R4 R5
In the districts indicated, the maximum residential floor area ratio shall be as set forth in the following table. Separate maximum residential floor area ratios are set forth for standard zoning lots and zoning lots that are qualifying residential sites.
MAXIMUM FLOOR AREA RATIO FOR R1-R5 DISTRICTS
District |
Standard zoning lots |
Qualifying residential sites |
R1-2A R1-1 R1-2 R2A R2 R3A R3X R3-1 R3-2 |
0.751
|
1.00
|
R2X |
1.00 |
1.00 |
R4A R4B R4 |
1.00 |
1.50 |
R5A R5B R5 |
1.50 |
2.00 |
R5D |
2.00 |
2.00 |
1 For standard zoning lots with a lot area that exceeds 4,000 square feet, the maximum residential floor area associated with any single dwelling unit shall not exceed an equivalent floor area ratio of 0.60.
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the maximum residential floor area ratio shall be as set forth in the following table. Separate maximum residential floor area ratios are set forth for zoning lots containing standard residences and zoning lots containing qualifying affordable housing or qualifying senior housing.
MAXIMUM FLOOR AREA RATIO FOR R6-R12 DISTRICTS
District |
Standard residences |
Qualifying affordable housing or qualifying senior housing |
R6A R61 R6-1 R7B |
3.00 |
3.90 |
R6 |
2.20 |
3.90 |
R6B |
2.00 |
2.40 |
R6D R6-2 |
2.50 |
3.00 |
R7A R7-11 R7-21 |
4.00 |
5.01 |
R7-1 R7-2 |
3.44 |
5.01 |
R7D |
4.66 |
5.60 |
R7X R7-3 |
5.00 |
6.00 |
R8A R8X R8 |
6.02 |
7.20 |
R8 |
7.201 |
8.642 |
R8B |
4.00 |
4.80 |
R9A R9 |
7.52 |
9.02 |
R9D R9X R9-1 |
9.00 |
10.80 |
R10A R10X R10 |
10.00 |
12.00 |
R11 |
12.00 |
15.00 |
R12 |
15.00 |
18.00 |
1 For zoning lots, or portions thereof, located within 100 feet of a wide street
2 Outside of Mandatory Inclusionary Housing areas, for zoning lots, or portions thereof, located within 100 feet of a wide street, containing UAP developments or qualifying senior housing
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, for buildings containing multiple dwelling residences, floor space allocated to building amenities, corridors, refuse storage or disposal, or access to elevated ground floor dwelling units may be exempted from the definition of floor area pursuant to Section 12-10, provided that the provisions of this Section, inclusive, are met.
Such provisions may be applied to buildings developed after December 5, 2024, and to existing buildings where, after December 5, 2024, an enlargement, extension, conversion or other alteration results in newly created or altered floor space that conforms with such specific provisions of this Section, inclusive.
Floor space in a building allocated to residential amenities may be exempted from the definition of floor area, in an amount not to exceed five percent of the residential floor area of the building.
Such amenities may include recreation spaces, including those required pursuant to Section 23-63, or other amenities, including, but not be limited to, co-working areas, library or reading rooms, or music practice rooms, package or storage rooms, laundry facilities, or pet-related facilities.
However, amenity space shall not include floor space for circulation through the building, including, corridors or vertical circulation spaces.
Amenities provided pursuant to this Section shall be accessible to the residents of the building.
Floor space in a building allocated to corridors may be exempted from floor area pursuant to the provisions of paragraphs (a) or (b) of this Section. Such provisions may be applied individually or in combination.
- Corridors Termination
Fifty percent of the floor space of a corridor may be exempted from the definition of floor area where one of the following criteria are met:- the corridor provides direct access to outdoor space on a balcony or terrace on the same story that is accessible to residents of the story;
- the corridor has daylighting through windows with a glazed area of at least 20 square feet, and such windows are located:
- directly within the corridor;
- in the enclosing walls of a stairwell along such corridor, and access to such stairwell from the corridor is provided through an entry door assembly with a minimum glazed area of at least 16 square feet; or
- within common space along such corridor that accessible to residents of the story; or
- the corridor terminates with a dwelling unit that contains at least three bedrooms.
- Length of Corridor
Fifty percent of the floor space of a corridor may be exempted from the definition of floor area, where the length of the corridor, as measured from the elevator core to the door of the furthest dwelling unit on the story, does not exceed 100 linear feet.
Floor space in a building allocated to refuse storage and disposal may be exempted from the definition of floor area in an amount not to exceed a maximum of three square feet per dwelling unit in the building.
Elevated Ground Floor Units
For buildings with entryways at curb level that accommodate ramps, stairs or lifts to dwelling units that are elevated above curb level on the first story of the building, up to 100 square feet of such entryways may be exempted from the definition of floor area for each foot of difference between the floor level of such dwelling units and curb level. However, no more than a maximum of 500 square feet of floor space may be exempted from the definition of floor area for each building.
Special tower provisions
In R9 and R10 Districts, for zoning lots containing a building that is developed or enlarged pursuant to the applicable tower regulations of Section 23-435 (Tower regulations), any floor space used for mechanical equipment provided pursuant to paragraph (8) of the definition of floor area in Section 12-10 (DEFINITIONS), and any floor space that is or becomes unused or inaccessible within a building, pursuant to paragraph (k) of the definition of floor area in Section 12-10, shall be considered floor area and calculated in accordance with the provisions of this Section, provided that such floor space:
- occupies the predominant portion of a story;
- is located above the base plane or curb level, as applicable, and below the highest story containing residential floor area; and
- exceeds an aggregate height of 25 feet within any given 75 vertical feet of one another within a building.
For the purpose of applying this provision, the height of such floor space shall be measured from the top of a structural floor to the bottom of a structural floor directly above such space. In addition, the number of stories of floor area such space constitutes within the building shall be determined by aggregating the total height of such floor spaces, dividing by 25 feet, and rounding to the nearest whole integer.
- Borough of Brooklyn
For R1 through R3 Districts south of Avenue H in Community Districts 11, 14 and 15 in the Borough of Brooklyn, the maximum floor area ratio for standard zoning lots set forth in Section 23-21 (Floor Area Regulations for R1 Through R5 Districts) shall be increased to 1.0.
- Elimination or reduction in size of non-bonused open area on a zoning lot containing a bonused amenity
In all districts, any existing open area for which a floor area bonus has not been utilized that occupies the same zoning lot as an existing publicly accessible open area or other public amenity, open or enclosed, for which a floor area bonus has been utilized, may be reduced in size or eliminated only upon certification of the Chairperson of the City Planning Commission that all bonused amenities comply with the standards under which such floor area bonus was granted. - Nighttime closing of existing public open areas
In all Residence Districts, the Commission may, upon application, authorize the closing during certain nighttime hours of an existing publicly accessible open area for which a floor area bonus has been received, pursuant to Section 37-727 (Hours of access). - Elimination or reduction in size of existing public amenities
In all districts, no existing publicly accessible open area, arcade or other public amenity, open or enclosed, for which a floor area bonus has been utilized, shall be eliminated or reduced in size except by special permit of the Commission, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, regulations governing yards, courts, lot coverage, and other open areas shall be set forth in Section 23-30, inclusive.
General provisions shall be as set forth in Section 23-31, inclusive.
Front yard requirements shall be as set forth in Section 23-32, inclusive, side yard requirements shall be as set forth in Section 23-33, inclusive, and rear yard and rear yard equivalent requirements shall be as set forth in Section 23-34, inclusive.
Court regulations, including those for inner courts and outer courts, shall be as set forth in Section 23-35, inclusive.
Maximum lot coverage requirements shall be as set forth in Section 23-36, inclusive.
Other regulations governing open areas, including minimum distances between buildings and minimum distances between legally required windows and lot lines, shall be as set forth in Sections 23-37, inclusive.
Special rules for certain areas shall be as set forth in Section 23-38, inclusive.
General Provisions
In all Residence Districts, the following obstructions shall be permitted within any required yard, rear yard equivalent, court or other required open area. These allowances are generally common to Residence, Commercial and Manufacturing Districts.
- Accessory mechanical equipment, limited in depth to 18 inches from an exterior wall;
- Arbors or trellises;
- Awnings and other sun control devices, provided that when located at a level higher than the first story, excluding a basement, all such awnings and other sun control devices:
- shall be limited to a maximum projection from a building wall of 2 feet, 6 inches; and
- shall have solid surfaces that, in aggregate, cover an area no more than 30 percent of the area of the building wall (as viewed in elevation) from which they project;
- Bicycle or micromobility parking, including necessary ancillary structures;
- Canopies;
- Chimneys, projecting not more than three feet into, and not exceeding two percent of the area of, the required yard or rear yard equivalent;
- Eaves, gutters, downspouts, or other similar projections, extending into such yard or rear yard equivalent not more than 16 inches or 20 percent of the width of such yard or rear yard equivalent, whichever is the lesser distance;
- Electric vehicle charging equipment;
- Flagpoles;
- Qualifying exterior wall thickness;
- Ramps or lifts for people with physical disabilities;
- Solar energy systems, accessory or as part of an energy infrastructure equipment:
- on walls existing on April 30, 2012, projecting no more than 10 inches and occupying no more than 20 percent of the surface area of the building wall (as viewed in elevation) from which it projects; or
- above other permitted obstructions, as applicable, provided that the additional height shall be limited to 18 inches;
- Terraces or porches, open;
- Window sills, or similar projections extending into such yard or rear yard equivalent not more than four inches.
In all Residence Districts, the obstructions set forth in Section 23-311 (Permitted obstructions in all yards, courts and open areas), as well as the following obstructions, shall be permitted within any yard or rear yard equivalent:
- Balconies, unenclosed, of a building containing residences subject to the applicable provisions of Section 23-62. Such balconies are not permitted in side yards or within five feet of the side lot line or rear lot line in a rear yard or rear yard equivalent;
- Fences, not exceeding four feet in height above adjoining grade in any front yard, except that for corner lots a fence may be up to six feet in height within that portion of one front yard that is between a side lot line and the prolongation of the side wall of the residence facing such side lot line;
- Fire escapes, projecting into a front yard, only in such cases where the fire escape is required for the conversion of a building in existence before December 15, 1961;
- Overhanging portions of a single- or two-family residence , which are above the first story including the basement and which project not more than three feet into the front yard. In no case shall the lowest level of the projected portion be less than seven feet above the level of the front yard at the face of the building. Supports for the projected portion of any building are permitted obstructions within the required front yard, provided that the total area occupied by such supports does not exceed 15 percent of the area underneath the projected portion. No support may extend beyond the three-foot projection;
- Parking spaces for automobiles, off-street, open, accessory, within a side or rear yard;
- Parking spaces, off-street, open, within a front yard, that are accessory to a building containing residences, provided that:
- in R1, R2, R3-1, R3A, R3X, R4-1, R4A and R5A Districts, except in lower density growth management areas, such spaces meet all the requirements of paragraph (a) of Section 25-621 (Location of parking spaces in certain districts);
- in R3-2 Districts, R4 Districts other than R4-1, R4A and R4B Districts, and R5 Districts other than R5A, R5B and R5D Districts, such spaces meet all the requirements of paragraph (b) of Section 25-621;
- in lower density growth management areas, such spaces are located in a driveway that accesses parking spaces that are located behind the street wall of the building or prolongation thereof;
However, no parking spaces of any kind shall be permitted in any front yard in an R4B, R5B or R5D District, or the front yard of a building containing residences on a qualifying residential site in an R1 through R5 District. Furthermore, no parking spaces of any kind shall be permitted in any front yard on a zoning lot containing an attached or semi-detached building in an R1, R2, R3A, R3X, R4A or R5A District, or in any front yard on a zoning lot containing an attached building in an R3-1 or R4-1 District;
- Energy infrastructure equipment and accessory mechanical equipment, provided that:
- all equipment shall be subject to the applicable provisions of Section 26-50 (SPECIAL SCREENING AND ENCLOSURE PROVISIONS);
- the size of all equipment, including any screening or portions of any building or other structure enclosing such equipment, shall not exceed:
- an area equivalent to 25 percent of a required yard, or rear yard equivalent, and in addition, in front yards, is limited to an area not exceeding 25 square feet. However, for corner lots, one front yard may be treated as a side yard for the purpose of applying such size restrictions;
- in R1 through R5 Districts, a height of 10 feet above the adjoining grade in rear yards, rear yard equivalents and side yards, or a height of five feet above the adjoining grade in front yards; and
- in R6 through R12 Districts, a height of 15 feet above the adjoining grade;
- Steps, provided that such steps access only the lowest story or cellar of a building fronting on a street, which may include a story located directly above a basement;
- Swimming pools, accessory, above-grade structures limited to a height not exceeding eight feet above the level of the rear yard or rear yard equivalent. Accessory swimming pools are not permitted obstructions in any front yard;
- Walls, not exceeding eight feet in height above adjoining grade and not roofed or part of a building, and not exceeding four feet in height in any front yard, except that for corner lots, a wall may be up to six feet in height within that portion of one front yard that is between a side lot line and the prolongation of the side wall of the residence facing such side lot line.
In all Residence Districts, the level of a yard or of a rear yard equivalent shall not be higher than curb level, except that natural grade level need not be disturbed in order to comply with this requirement. No building or other structure shall be erected above ground level in any required yard or rear yard equivalent, except where permitted as an obstruction pursuant to Section 23-30, inclusive.
The width or depth of a yard or rear yard equivalent shall be measured perpendicular to lot lines.
Front Yard Requirements
R1 R2 R3 R4 R5
In the districts indicated, front yards shall be provided as set forth in the following table, except as further modified by the provisions of this Section.
District |
Front Yard |
R1 |
20 feet |
R2 R2A R2X R3-1 R3-2 |
15 feet |
R3A R3X R4 R4-1 R4A R5 R5A |
10 feet |
R4B R5B R5D |
5 feet |
For the purpose of this Section, the area between the street line and the street wall line of adjacent buildings containing residences on the same or adjoining zoning lots fronting on the same street shall be considered adjacent front yards.
Minimum front yard yards shall be modified as follows:
- For qualifying residential sites with a lot width of at least 150 feet, the applicable front yard depth set forth in the table may be reduced by five feet, except that a front yard shall be no shallower than five feet;
- For a corner lot, one front yard may have a depth that is five feet shallower than the applicable depth set forth in the table, except that a front yard shall be no shallower than five feet;
- Where an adjacent front yard is shallower than the minimum required pursuant to the applicable district regulations, then the front yard may be as shallow as the shallowest adjacent front yard. However, a front yard shall be no shallower than five feet;
- In R4B and R5B Districts, a front yard shall be no deeper than the deepest adjacent front yard and no shallower than the shallowest adjacent front yard. However, a front yard shall be no shallower than five feet, and need not exceed 15 feet in depth. Where the street walls surrounding the subject building do not have a prevailing street wall frontage, these front yard line-up provisions need not apply; and
- To accommodate street wall articulation, such as bay windows, and facade recesses, up to 50 percent of the aggregate width of street wall, at any level, may encroach into a required front yard, provided that no encroachment exceeds a depth of three feet, as measured perpendicular to the street wall, or portion thereof.
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, no front yard requirements shall apply.
Side Yard Requirements
R1 R2 R3 R4 R5
- Detached buildings#
In the districts indicated, for zoning lots containing only single- or two-family detached residences, two side yards, shall be provided. In R1 Districts the minimum width of each side yard shall be eight feet, and in all other districts, the minimum width shall be five feet.
R3 R4 R5
- Semi-detached buildings and zero lot line buildings
In the districts indicated, for zoning lots containing only single- or two-family semi-detached or zero lot line residences, a side yard with a minimum width of five feet shall be provided.
In addition, where an adjoining zoning lot contains a single- or two-family detached semi-detached, or zero lot line residence, an open area with a minimum total width of eight feet shall be required between the building on the subject zoning lot and the residence on the adjacent zoning lot. However, where both adjoining zoning lots contain a single- or two-family detached semi-detached, or zero lot line residence, the total open area need not exceed 13 feet on the subject zoning lot.
R3-2 R4 R4B R5 R5B R5D
- Other residences
In the districts indicated, for zoning lots containing residences that are not subject to paragraphs (a) or (b) of this Section, no side yards shall be required. However, if any open area extending along a side lot line is provided at any level, it shall have a minimum width of five feet, measured perpendicular to the side lot line. Furthermore, where a zoning lot adjoins a zoning lot containing exclusively single- or two-family residences, and where a side yard with a minimum width of three feet or more is provided along the common side lot line, an open area with a minimum total width of eight feet shall be required between the building on the subject zoning lot and the residence on the adjacent zoning lot.
The allowances for permitted obstructions in any yard or rear yard equivalent set forth in Sections 23-311 and 23-312 shall be permitted in such open areas.
R1 R2 R3 R4 R5
- Permitted obstructions in open areas between buildings
Only accessory mechanical equipment limited in depth to 18 inches from an exterior wall, chimneys, downspouts, eaves, gutters, open accessory off-street parking spaces, qualifying exterior wall thickness, ramps for access by people with disabilities, and steps as set forth in the applicable provisions of Sections 23-311 and 23-312 shall be permitted obstructions in open areas between buildings, provided that such obstructions, not including accessory off-street parking spaces, qualifying exterior wall thickness or accessory mechanical equipment, may not reduce the minimum width of the open area by more than three feet.
R1 R2 R3 R4 R5
In the districts indicated, for residences on qualifying residential sites in districts that are not otherwise subject to the provisions of paragraph (c) of Section 23-331 (Basic side yard requirements in R1 through R5 Districts), side yards shall only be required where a building containing residences on an adjacent zoning lot has a side yard adjoining the subject zoning lot. In such instances, an open area with a minimum width of five feet, measured perpendicular to the side lot line shall be provided, and extend along the entire side lot line. Obstructions permitted pursuant to Sections 23-311 and 23-312 shall be permitted in such open areas.
R1 R2 R3 R4 R5
In the districts indicated, where the width of a zoning lot is less than that required under the provisions of Section 23-11 (Lot Area and Lot Width Regulations in R1 Through R5 Districts), for a single- or two-family residence, the required total width of side yards, or minimum open area provided along a side lot line, as applicable, may be reduced by four inches for each foot by which the width of a zoning lot is less than that required, and where applicable, the minimum distance required between a residence on an adjacent zoning lot may be reduced by six inches for each foot by which the width of a zoning lot is less than that required, provided that the narrow lot condition was in existence on December 15, 1961, and, subsequently, such narrow lot condition has neither increased nor decreased in width.
However, in no event shall the required width of a side yard or open area be less than three feet and, where applicable, the minimum distance between a residence on an adjacent zoning lot be less than five feet.
R6 R7 R8 R9 R10 R11 R12
- Detached buildings
In the districts indicated, for zoning lots containing only single-family or two-family detached residences, two side yards, each with a minimum width of five feet, shall be provided. - All other buildings
In the districts indicated, for zoning lots containing all other types of residences, no side yards shall be required. However, if any open area extending along a side lot line is provided at any level, it shall have a minimum width of five feet, measured perpendicular to the side lot line.
The allowances for permitted obstructions in any yard or rear yard equivalent set forth in Sections 23-311 and 23-312 shall be permitted in such open areas.
- In all Residence Districts, the obstructions set forth in Section 23-311 and 23-312, as well as the following obstructions shall be permitted within any required rear yard or rear yard equivalent. These allowances are generally common to Residence, Commercial and Manufacturing Districts.
- Breezeways;
- Fire escapes;
- Greenhouses, non-commercial, accessory, limited to one story or 15 feet in height above adjoining grade, whichever is less, and limited to an area not exceeding 25 percent of a required rear yard;
- Recreational or drying yard equipment;
- Sheds, tool rooms or other similar accessory buildings or other structures for domestic or agricultural storage, with a height not exceeding 10 feet above the level of the rear yard or rear yard equivalent;
- Solar energy systems, accessory or as part of an energy infrastructure equipment:
- on the roof of a building permitted as an obstruction to such yard, up to four feet in height as measured perpendicular to the roof surface; however, limited to 18 inches in height as measured perpendicular to the roof surface when located above a detached accessory building or other structure, or on any roof with a slope greater than 20 degrees; or
- affixed to solar canopies and located over any otherwise unenclosed accessory off-street parking space, provided that the height shall not exceed 15 feet above the level of the adjoining grade;
- Water-conserving devices required in connection with air conditioning or refrigeration systems in buildings existing prior to May 20, 1966, if located not less than eight feet from any lot line.
- In all Residence Districts, the obstructions set forth in Section 23-311 and 23-312, as well as the following obstructions shall be permitted within any required rear yard or rear yard equivalent.
- Balconies, unenclosed, subject to the provisions of Section 23-62;
- Parking spaces, off-street, accessory, for automobiles or bicycles, provided that:
- if accessory to a single- or two-family residence, the height of a building containing such parking spaces shall not exceed 10 feet in height above the adjoining grade and such building shall be detached from such residence. Parking spaces shall also be permitted in buildings allowed as permitted obstructions pursuant to paragraph (b)(4) of this Section, provided that the portion allocated to parking spaces does not exceed 10 feet in height;
- if accessory to any other kind of building containing residences, the height of a building, or portion thereof, containing such parking spaces within the rear yard, shall not exceed 15 feet above base plane. In addition, decks, parapet walls, roof thickness, skylights, vegetated roofs, and weirs, as set forth in Section 23-41 (Permitted Obstructions), inclusive, 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;
- enclosed accessory parking spaces for bicycles shall be accessory to a residence other than a single- or two-family residence, attached to a building, and the area dedicated to such spaces shall not exceed the area of bicycle parking spaces permitted to be excluded from floor area pursuant to Section 25-85 (Floor Area Exemption);
- any portion of a building used for residential uses other than dwelling units in buildings containing qualifying senior housing, provided that:
- such zoning lot is located in an R6 through R10 District other than an R6B, R7B or R8B District;
- such building portion is located within 100 feet of a wide street;
- the height of such building portion does not exceed one story, or 15 feet above the adjoining grade, whichever is less; and
- such space shall be accessible to all residents of the building.
In addition, decks, parapet walls, roof thickness, skylights, vegetated roofs and weirs, as set forth in Section 23-41 (Permitted Obstructions), inclusive, limited to 18 inches in height, as measured perpendicular to the roof surface, shall be permitted upon the roof of such portion of a building within the rear yard.
- for single- or two- family residences, any portion of a building used for residential uses, provided that:
- for any ancillary dwelling unit associated with a detached, zero lot line or semi-detached building, the height, at any level, shall be limited to one story, not to exceed 15 feet. However, where an accessory parking space is provided below a portion of a building containing an ancillary dwelling unit, the height of such building, and an associated ancillary dwelling unit, shall not exceed two stories or 25 feet in height above adjoining grade, whichever is less, including the apex of a pitched roof;
- for detached and zero lot line buildings, the height of all other portions of buildings not containing an ancillary dwelling unit shall be limited to two stories or 25 feet in height above adjoining grade, whichever is less, including the apex of a pitched roof;
- the size shall be limited to an area not exceeding one-third of the rear yard or rear yard equivalent; and
- where such building is free-standing, it shall not be closer than five feet to a rear lot line or side lot line.
In addition, parapet walls, roof thickness, skylights, vegetated roofs and weirs, as set forth in Section 23-41 (Permitted Obstructions), inclusive, limited to 18 inches in height, as measured perpendicular to the roof surface, shall be permitted upon the roof of such portion of a building within the rear yard.
However, no portion of a rear yard equivalent which is also a required front yard or required side yard may contain any obstructions not permitted in such front yard or side yard.
Rear yard requirements
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In all districts, rear yards shall be provided on interior lots in accordance with this Section., except as otherwise provided pursuant to the provisions of Section 23-34, inclusive.
- Standard lots
In the districts indicated, a rear yard shall be provided as follows:- For detached and zero lot line buildings, for buildings or portions thereof at or below a height of 75 feet, as measured from base plane, a rear yard with a depth of not less than 20 feet shall be provided at every rear lot line on any zoning lot, and for portions above 75 feet, where permitted, a rear yard with a depth of 30 feet shall be provided; and
- For semi-detached and attached buildings:
- for zoning lots with a lot width of less than 40 feet, a rear yard with a depth of not less than 30 feet shall be provided at every rear lot line on any zoning lot; and
- for zoning lots with a lot width of 40 feet or greater, for buildings or portions thereof at or below a height of 75 feet, as measured from base plane, a rear yard with a depth of not less than 20 feet shall be provided at every rear lot line on any zoning lot, and for portions above 75 feet, where permitted, a rear yard with a depth of 30 feet shall be provided.
- Shallow lots
In the districts indicated, the provisions of this Section may be modified where an interior lot is less than 95 feet deep at any point, and the shallow lot condition was in existence on December 15, 1961, and, subsequently, such shallow lot condition has neither increased nor decreased in depth.
For such shallow interior lots, or portions thereof, the depth of a required rear yard set forth for standard lots may be reduced by six inches for each foot by which the depth of a zoning lot, or portion thereof, is less than 95 feet. However, in no event shall the minimum depth of a required yard, or portion thereof, be reduced to less than 10 feet.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In all districts, as indicated, the rear yard requirements set forth in Section 23-342 (Rear yard requirements) shall be modified as set forth in this Section.
- Beyond one hundred feet of a street line
In all districts, as indicated, for interior or through lot portions of corner lots, and for zoning lots bounded by two or more streets that are neither corner lots nor through lots, the portion of a side lot line beyond 100 feet of the street line that it intersects shall be considered a rear lot line and the following rules shall apply along such rear lot line:- In all districts, a rear yard shall be provided in accordance with Section 23-342 (Rear yard requirements), where such rear lot line coincides with a rear lot line of an adjoining zoning lot.
- In R1 through R5 Districts, a rear yard with a minimum depth of five feet shall be provided where such rear lot line coincides with a side lot line of an adjoining zoning lot.
- In R6 through R12 Districts, no rear yard shall be required where such rear lot line coincides with a side lot line of an adjoining zoning lot.
- In all districts, a rear yard shall be provided in accordance with Section 23-342 (Rear yard requirements), where such rear lot line coincides with a rear lot line of an adjoining zoning lot.
- Within one hundred feet of corners
In the districts indicated, no rear yard shall be required within 100 feet of the point of intersection of two street lines intersecting at an angle of 135 degrees or less. - Along short dimension of a block
In the districts indicated, whenever a front lot line of a zoning lot coincides with the street line of the short dimension of a block, no rear yard shall be required within 100 feet of such street line. - For zoning lots with multiple rear lot lines
In all districts, as indicated, for zoning lots with multiple rear lot lines, if a rear yard extends from a rear lot line away from the street line which is used to determine such rear lot line, the following rules shall apply along such rear lot line :- In all districts, where any such rear lot line coincides with the rear lot line of an adjoining zoning lot, a rear yard shall be provided in accordance with Section 23-342 (Rear yard requirements).
- In R1 through R5 Districts, a rear yard with a minimum depth of five feet shall be provided where such rear lot line coincides with a side lot line of an adjoining zoning lot.
- In R6 through R12 Districts, no rear yard shall be required where such rear lot line coincides with a side lot line of an adjoining zoning lot.
- In all districts, for portions of through lots that have multiple rear lot lines and such portions are not subject to interior lot regulations, the street line bounding the zoning lot closest to such rear lot line shall be used to determine compliance with this Section.
- In all districts, where any such rear lot line coincides with the rear lot line of an adjoining zoning lot, a rear yard shall be provided in accordance with Section 23-342 (Rear yard requirements).
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In all districts, rear yard equivalents shall be provided on through lots in accordance with this Section.
- Exceptions
No rear yard equivalent regulations shall apply:- to any through lots that extend less than 110 feet in maximum depth from street to street;
- to large sites;
- to any zoning lot that includes a through lot portion that is contiguous on one side to two corner lot portions and such zoning lot occupies the entire block frontage of a street; or
- to any zoning lot occupying an entire block.
- Depth requirement
- For standard lots
On any through lot that is 190 feet or more in maximum depth from street to street, for buildings or portions thereof at or below a height of 75 feet, a rear yard equivalent consisting of an open area with a minimum depth of 40 feet shall be provided, and above a height of 75 feet, where permitted, a rear yard equivalent of 60 feet shall be provided. - For shallow lots
The depth of a rear yard equivalent may be reduced where a through lot is less than 190 feet deep at any point, and the shallow lot condition was in existence on December 15, 1961, and, subsequently, such shallow lot condition has neither increased nor decreased in depth.
For such shallow through lots, or portions thereof, the depth of a required rear yard equivalent set forth for standard through lots in this Section, may be reduced by one foot by which the depth of a zoning lot, or portion thereof, is less than 190 feet. However, in no event shall the minimum depth of a required yard, or portion thereof, be reduced to less than 20 feet.
- For standard lots
- Location requirement
- Standard location
A rear yard equivalent shall be provided midway, or within 10 feet of being midway, between the two street lines upon which such through lot fronts. - Alternative location allowances
Alternatively, for zoning lots utilizing the height and setback provisions for eligible sites in Section 23-434, the tower regulations of Section 23-435, or other height and setback provisions of this Resolution that modify or supersede the underlying provisions for R10 Districts without a letter suffix, or for shallow lots eligible for the provisions of paragraph (b)(2) of this Section, the following options may be applied:- open areas adjoining and extending along the full length of either or both street lines, where the combined depth of such open areas is equivalent to the depth of the required rear yard equivalent;
- open areas adjoining and extending along the full length of either or both side lot lines, where the combined width of such open areas is equivalent to the depth of the required rear yard equivalent. If any open area extending along a side lot line is provided at any level, it shall have a minimum width of five feet, measured perpendicular to the side lot line, and extend along the entire side lot line. The allowances for permitted obstructions in any yard or rear yard equivalent set forth in Sections 23-311 and 23-312 shall be permitted in such open areas.
- Standard location
Any such rear yard equivalent shall be unobstructed from its lowest level to the sky, except as provided in Section 23-341 (Permitted obstructions in required yards or rear yard equivalents).
Court Regulations
Inner court regulations are set forth in Section 23-352 and outer court regulations are set forth in Section 23-353. Permitted obstructions in such courts are set forth in Section 23-351.
These regulations shall not apply to any single- or two-family detached residence.
A corner of a court may be cut off between walls of the same building, provided that the length of the wall of such cut-off does not exceed seven feet.
The Commissioner of Buildings may approve minor recesses, projections and architectural treatment of the outline of courts as long as these variations do not substantially change the depth or width of the court.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the obstructions permitted in Section 23-311 (Permitted obstructions in all yards, courts and open areas), as well as the following obstructions, shall be permitted within the minimum area and dimensions needed to satisfy the requirements for a court. For the purposes of applying such allowances to courts, all percentage calculations shall be applied to the area of the court instead of the yard:
- Fences;
- Fire escapes in outer courts;
Fire escapes in outer court recesses not more than five feet in depth;
Fire escapes in inner courts where such fire escapes are required as a result of alterations in buildings existing before December 15, 1961;
Fire escapes in outer court recesses more than five feet in depth where such fire escapes are required as a result of alterations in buildings existing before December 15, 1961; - Energy infrastructure equipment and accessory mechanical equipment, subject to the requirements set forth in paragraph (g) of Section 23-312 (Additional permitted obstructions generally permitted in all yards);
- Recreational or drying yard equipment.
In addition, for courts at a level higher than the first story, decks, skylights, parapet walls, roof thickness, solar energy systems up to four feet high, vegetated roofs, and weirs, as set forth in Section 23-41 (Permitted Obstructions), inclusive, shall be permitted.
Inner court regulations
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the following inner court regulations shall apply:
- where legally required windows face onto an inner court, for buildings or portions thereof at or below a height of 75 feet, the area of an inner court shall not be less than 800 square feet, and the minimum dimension of such inner court shall not be less than 20 feet, and above a height of 75 feet, where permitted, the area of an inner court shall not be less than 1,200 square feet, and the minimum dimension of such inner court shall not be less than 30 feet;
- where no legally required windows face onto an inner court, for buildings or portions thereof at or below a height of 75 feet, the area of such small inner court shall not be less than 200 square feet and no dimension shall be less than 10 feet, and above a height of 75 feet, where permitted, the area of such small inner court shall not be less than 300 square feet and no dimension shall be less than 15 feet; and
- the width of an inner court recess shall be at least equal to the depth of the inner court recess, except that such width need not exceed the minimum dimension for an inner court, relative to the height.
For the purposes of this Section, that portion of an open area not part of an inner court and over which, when viewed directly from above, lines perpendicular to a lot line may be drawn into such inner court, shall be considered part of such inner court.
Outer court regulations
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the following outer court regulations shall apply:
- where legally required windows face onto an outer court, the width of such outer court shall be at least equal to the depth of such outer court, except that an outer court may extend to any depth where the width of the outer court exceeds 20 feet in buildings or portions thereof, at or below a height of 75 feet, or where the width of the outer court exceeds 30 feet above a height of 75 feet, where permitted;
- where no legally required windows face onto an outer court, for buildings or portions thereof at or below a height of 75 feet, the area of such small outer court shall not be less than 200 square feet and no dimension shall be less than 10 feet, and above a height of 75 feet, where permitted, the area of such small inner court shall not be less than 300 square feet and no dimension shall be less than 15 feet; and
- the width of an outer court recess shall be at least equal to the depth of the outer court recess, except where such width permits any depth for an outer court, relative to the height.
Maximum Lot Coverage
R1 R2 R3 R4 R5
- For single- or two-family residences
In the districts indicated, for zoning lots with buildings containing single- or two-family residences, the maximum residential lot coverage shall be as set forth in the following table.
MAXIMUM RESIDENTIAL LOT COVERAGE FOR SINGLE OR TWO-FAMILY RESIDENCES
Lot type
District
Interior lots or through lots (percent)
Corner lots (percent)
R1 R2
40
80
R3
50
80
R4 R5
60
80
However, in R2X, R3A and R3X Districts, the maximum residential lot coverage shall be that lot coverage remaining after the application of all required yards on the zoning lot. - For multiple dwelling residences
In the districts indicated, for zoning lots with buildings containing multiple dwelling residences, where permitted, the maximum residential lot coverage for interior lots or through lots shall be 80 percent and the maximum residential lot coverage for corner lots shall be 100 percent.
However, for large sites with buildings utilizing the provisions of Section 23-425 (Height and setback modifications for large sites), the maximum residential lot coverage of the entire site shall be 50 percent. Individual corner lot, interior lot, or through lot portions may exceed such overall maximum, provided they do not exceed the respective maximums that would apply to zoning lots that are not large sites.
R6 R7 R8 R9 R10 R11 R12
- For standard lots
In the districts indicated, the maximum residential lot coverage for interior lots or through lots shall be 80 percent and the maximum residential lot coverage for corner lots shall be 100 percent. - For eligible sites
In the districts indicated, for zoning lots with buildings utilizing the eligible site provisions of Section 23-434 (Height and setback modifications for eligible sites), the maximum residential lot coverage of the entire site shall be:- 65 percent on zoning lots with a lot area of 30,000 square feet or more that are not large sites; and
- 50 percent on large sites.
Individual corner lot, interior lot, or through lot portions may exceed such overall maximum, provided they do not exceed the respective maximums that would apply to zoning lots that are not utilizing the eligible site provisions.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the maximum lot coverage set forth in Section 23-361 (Maximum lot coverage in R1 through R5 Districts) or 23-362 (Maximum lot coverage in R6 through R12 Districts), as applicable, may be increased in accordance with the provisions of this Section.
- Shallow zoning lots
For zoning lots eligible for the rear yard modifications for shallow interior lots set forth in Section 23-342 (Rear yard requirements) or the rear yard equivalent modifications for shallow through lots set forth in Section 23-344 (Rear yard equivalent requirements), the maximum lot coverage of such zoning lot, or portion thereof, may be increased by one percent for every five feet the depth of such zoning lot, or portion thereof, is less than 95 feet for interior lots or 190 feet for through lots. Where the front lot line or rear lot line of a zoning lot intersects a side lot line at an angle other than 90 degrees, the depth of such zoning lot, or portion thereof, shall be measured at the midpoint of such irregularly angled lot line.
In no event shall the maximum lot coverage of an interior lot or through lot exceed 90 percent. Shallow portions of a zoning lot may exceed such maximum, so long as the adjusted maximum lot coverage complies with such maximum. - Within 100 feet of corners
In the districts indicated, for interior or through lots, or portions thereof, within 100 feet of the point of intersection of two street lines intersecting at an angle of 135 degrees or less, the maximum lot coverage shall be 100 percent. - Along the short dimension of the block
In the districts indicated, whenever a front lot line of an interior or through lot coincides with the street line of the short dimension of a block, the maximum lot coverage for such zoning lot, or portion thereof, shall be 100 percent within 100 feet of such street line.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In all districts, as indicated, the minimum distance between the portion of a building containing residences and any other building on the same zoning lot shall be as provided in this Section.
For the purpose of this Section, abutting buildings on a single zoning lot may be considered a single building. However, if two or more portions of a building are not connected or not abutting at a particular level, such separated portions shall comply with the applicable provisions of this Section. In applying such provisions, the height of such separated portions shall be measured from the roof of the connecting or abutting portion of such building, as applicable, instead of from the base plane.
- Exceptions
The provisions of this Section shall not apply to:- buildings that are separated from each other by a rear yard equivalent; or
- space between a single-family, two-family, or three-family residence and a garage accessory thereto.
- For single- and two-family residences
For buildings with two or fewer dwelling units, the required minimum distance between any such residences and any other building with two or fewer dwelling units on the same zoning lot, or a non-residential building on the same zoning lot shall vary according to the height of such buildings. Such minimum distance shall be measured perpendicular to the building wall or window, as applicable. However, for buildings with two or fewer dwelling units, the required minimum distance between any such residences and an ancillary dwelling unit on the same zoning lot shall be 10 feet.
For buildings with two or fewer dwelling units, the required minimum distance between any such residences and a building with three or more dwelling units on the same zoning lot shall be subject to the provisions of paragraph (c) of this Section.
Maximum Building Height above Base Plane or Curb Level, as Applicable (in feet)
35 or less
Between 35 and 50
Over 50
Minimum distance
15
20
30
- For buildings that contain three or more dwelling units
The minimum distance between a building containing three or more dwelling units and any other building on the zoning lot shall be applied in accordance with the provisions of this Section. Where two or more portions of a building are separated completely from one another at a particular level above grade, such separated portions shall comply with paragraph (c)(1) of this Section. Where there are multiple buildings on a single zoning lot that do not connect at any level, such buildings shall comply with paragraph (c)(2) of this Section.- For separated portions of a building
The required minimum distance between any separated portion of a building containing dwelling units shall be as follows:- where legally required windows face onto a separated portion of a building at or below a height of 75 feet, the minimum dimension between such separated portions shall not be less than 20 feet, and above a height of 75 feet, where permitted, the minimum dimension shall not be less than 30 feet; and
- where no legally required windows face onto a separated portion of a building at or below a height of 75 feet, the minimum dimension between such separated portions shall not be less than 10 feet, and above a height of 75 feet, where permitted, the minimum dimension shall not be less than 15 feet.
- Two or more buildings on a single zoning lot
The minimum distance between two or more buildings on the same zoning lot that are not connected at any level shall be 40 feet, as measured between the closest points of such buildings, for portions of buildings lower than 125 feet, as measured from the base plane or curb level, as applicable.
Portions of such buildings higher than 125 feet shall be at least 80 feet apart, as measured between the closest points of such buildings. However, such minimum distance need not exceed 40 feet if such portions of buildings above a height of 125 feet do not exceed, in aggregate, a lot coverage of 40 percent or, for lots of less than 20,000 square feet, the percentage set forth in the table below:
AGGREGATED LOT COVERAGE OF PORTIONS OF BUILDINGS ON A SMALL ZONING LOT
Area of Zoning Lot
(in square feet)Maximum Percent
of Coverage10,500 or less
50
10,501 to 11,500
49
11,501 to 12,500
48
12,501 to 13,500
47
13,501 to 14,500
46
14,501 to 15,500
45
15,501 to 16,500
44
16,501 to 17,500
43
17,501 to 18,500
42
18,501 to 19,999
41
- For separated portions of a building
- In addition, the following rules shall apply to:
- any portion of a building that qualifies as a building segment may be treated as a separate building for the purposes of determining the minimum distance required between such building segment and another building or building segment;
- where buildings of different heights face each other, the average of the heights of such buildings shall determine the minimum distance required between them;
- projections having a maximum height of 25 feet above adjoining grade, a maximum depth of five feet, and an aggregate width not exceeding 25 percent of the building wall from which they project, may penetrate the minimum spacing requirements. However, such projections shall not be permitted in open spaces provided pursuant to paragraph (c)(2) of this Section; and
- the obstructions permitted in Section 23-311 shall be permitted in such minimum distance.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
The minimum distance between legally required windows and walls or lot lines shall be as set forth in this Section.
For the purposes of this Section, abutting buildings on the same zoning lot shall be considered a single building.
- Exceptions
This Section shall not apply to legally required windows in buildings containing residences with a maximum height of 35 feet, as measured from base plane, and with a maximum of three dwelling units. - Basic provisions
The minimum distance between a legally required window and:- any wall;
- a rear lot line, or vertical projection thereof; or
- a side lot line, or vertical projection thereof;
shall be 20 feet, measured in a horizontal plane at the sill level of, and perpendicular to, such window for the full width of the rough window opening.
The obstructions permitted for any yard set forth in Section 23-311 shall be permitted in such minimum distance.
- For shallow lots
For interior lots, where the depth is less than 95 feet deep at any point, the minimum distance between a legally required window and a rear lot line, or vertical projection thereof, may be modified to equal the rear yard depth required for shallow lots pursuant to the provisions of Section 23-342 (Rear yard requirements). However, in no event shall such minimum distance between a legally required window and a rear lot line, or vertical projection thereof, be less than 10 feet. - Special provisions for R3 through R5 Districts
In R3, R4 and R5 Districts, the minimum dimension between a legally required window and a side lot line shall be 15 feet. Such 15-foot dimension shall be measured in a horizontal plane perpendicular to the side lot line or vertical projection thereof. Furthermore, such area with a 15-foot dimension shall be open from its lowest level to the sky for the entire length of the side lot line. Only accessory mechanical equipment limited in depth to 18 inches from an exterior wall, chimneys, downspouts, eaves, qualifying exterior wall thickness, gutters, open accessory off-street parking spaces, ramps for access by people with disabilities, and steps shall be permitted obstructions in such open area, subject to the conditions set forth in Sections 23-311 or 23-312, provided that such obstructions, not including qualifying exterior wall thickness and accessory mechanical equipment, will not reduce the minimum width of the open area by more than three feet.
In all districts, for buildings containing multiple dwelling residences on zoning lots that adjoin a public park, the minimum distance between a legally required window and a lot line need not apply to portions of buildings facing such public park where the Commissioner of the Department of Parks and Recreation determines that the public park will provide sufficient access to light and air for such building’s legally required windows. Where the Commissioner makes such determination, the public park shall be considered a street for the purposes of applying other applicable laws or statutes to such legally required window.
Height and setback regulations are set forth in Section 23-42, inclusive, for R1 through R5 Districts and Section 23-43, inclusive, for R6 through R12 Districts. Special rules governing certain areas are set forth in Section 23-44. Permitted obstructions to maximum heights are set forth in Section 23-41.
For zoning lots with buildings containing multiple uses or multiple buildings with different uses, inclusive of residences, subject to different height and setback regulations for the applicable district, the applicable height and setback regulations shall be whichever regulations permit the tallest overall heights.
Permitted Obstructions
In all Residence Districts, the obstructions set forth in this Section, inclusive, shall be permitted to penetrate a maximum height limit set forth in Sections 23-42 (Height and Setback Requirements in R1 Through R5 Districts), 23-43 (Height and Setback Requirements for R6 Through R12 Districts) or 23-44 (Special Provisions for Certain Areas).
In all Residence Districts, the following obstructions shall be permitted to penetrate a maximum height limit or sky exposure plane. These allowances are generally common to Residence, Commercial and Manufacturing Districts.
- Awnings and other sun control devices, provided that when located at a level higher than the first story, excluding a basement, all such awnings and other sun control devices:
- shall be limited to a maximum projection from a building wall of 2 feet, 6 inches, except when located on the first story above a setback;
- shall have solid surfaces that, in aggregate, cover an area no more than 30 percent of the area of the building wall (as viewed in elevation) from which they project; and
- may rise above the permitted building height, up to the height of a parapet wall or railing permitted in accordance with this Section. When located on the first story above a setback, awnings and other sun control devices shall be limited to a projection of 50 percent of the depth of the required setback, and shall be limited, in total, to 50 percent of the width of the building wall from which they project;
- Building columns, having an aggregate width equal to not more than 20 percent of the aggregate width of street walls of a building, to a depth not exceeding 12 inches, in an initial setback distance, optional front open area, or any other required setback distance or open area set forth in the applicable height and setback regulations;
- Chimneys or flues, with a total width not exceeding 10 percent of the aggregate width of street walls of a building at any level;
- Decks, and other surfaces for recreational activities, not more than 3 feet, 6 inches in height, as measured from the maximum height limit;
- Flagpoles or aerials;
- Parapets, railings, or safety guards, whether applied singly, or in combination, provided that:
- parapets shall not exceed four feet in height;
- railings shall not exceed 4 feet, 6 inches in height, and shall be at least 50 percent open for the portion that exceeds four feet in height; and
- safety guards shall not exceed 10 feet in height and shall be at least 90 percent transparent for the portion that exceeds four feet in height;
- Qualifying exterior wall thickness;
- Roof thickness, up to 12 inches, to accommodate the addition of insulation, for buildings or portions of buildings constructed prior to December 5, 2024. For a building that has added roof thickness pursuant to this paragraph, the height of any other permitted obstruction may be measured from the finished level of the roof instead of the maximum height limit or sky exposure plane;
- Skylights, clerestories or other daylighting devices, not more than four feet in height, as measured from the maximum height limit. Such devices shall be limited to a lot coverage not greater than 10 percent of the lot coverage of the roof and be located at least eight feet from the street wall edge. However, such devices shall not be permitted obstructions above a roof with a slope greater than 20 degrees;
- Solar energy systems, accessory or as part of an energy infrastructure equipment:
- on the roof, or any portion thereof, of a building, with a slope less than 20 degrees: up to a height of 15 feet, or, when located on a bulkhead or other obstruction of this Section, a height of six feet; or
- on the roof, or any portion thereof, of a building, which has a slope of more than 20 degrees: up to a height of 60 inches in height, as measured perpendicular to the roof surface;
- Vegetated roofs, not more than 3 feet, 6 inches in height, excluding vegetation, as measured from the maximum height limit. On roofs with slopes greater than 20 degrees, vegetated roofs shall be limited to a height of 12 inches measured perpendicular to such roof surface;
- Weirs, check dams and other equipment for stormwater management, not more than 3 feet, 6 inches in height, as measured from the maximum height limit;
- Window washing equipment mounted on a roof;
- Wire, chain link or other transparent fences.
In all Residence Districts, the obstructions set forth in Section 23-411 (General permitted obstructions), as well as the following obstructions, shall be permitted to penetrate a maximum height limit or sky exposure plane:
- Balconies, unenclosed, subject to the provisions of Section 23-62 (Balconies);
- Dormers having an aggregate width of street walls equal to not more than 50 percent of the width of the street wall of a detached or semi-detached single- or two-family residence;
- Elevator or stair bulkheads (including shafts and vestibules), roof water tanks, energy infrastructure equipment, and accessory mechanical equipment (including enclosures or other screening), other than solar or wind energy systems (whether accessory or as part of energy infrastructure equipment), provided that:
- such obstructions shall be located not less than 10 feet from the street wall of a building, except that such obstructions need not be set back more than 25 feet from a narrow street line or more than 20 feet from a wide street line. However, such restrictions on location shall not apply to elevator or stair bulkheads (including shafts or vestibules), provided the aggregate width of street walls of such bulkheads within 10 feet of a street wall, facing each street frontage, does not exceed 30 percent of the street wall width of the building facing such frontage;
- the aggregate area of such obstructions, including any screening, does not exceed 50 percent of the lot coverage of the building and the height of such obstructions shall not exceed 15 feet above the maximum permitted height, except where otherwise permitted by paragraph (c)(3) of this Section;
- the aggregate area of such obstructions, including any screening, does not exceed 30 percent of the lot coverage of the building, and the height of such obstructions shall not exceed:
- R1 through R5 Districts, for buildings on qualifying residential sites, or in R3-2, R4, and R5 Districts, except R4-1, R4A, R4B and R5A Districts, for any building, a height of 25 feet above the maximum permitted height;
- in R6 through R12 Districts:
- where the maximum permitted height of a building is 120 feet or lower, a height of 35 feet above the maximum permitted height; and
- where the maximum permitted height of a building is greater than 120 feet, a height of 55 feet above the maximum permitted height; and
- all equipment shall be subject to the applicable provisions of Section 26-50 (SPECIAL SCREENING AND ENCLOSURE PROVISIONS);
- Wind energy systems, accessory or as part of an energy infrastructure equipment, on portions of buildings with a height of 100 feet or greater, provided:
- the highest point of the wind turbine assembly does not exceed 55 feet;
- no portion of the wind turbine assembly is closer than 10 feet to any lot line; and
- the diameter of the swept area of the rotor does not exceed 15 feet.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
- In the districts indicated, for those buildings that are subject to Section 23-421 (Basic pitched-roof envelopes for certain districts), permitted obstructions are limited to chimneys, dormers, qualifying exterior wall thickness, flagpoles or aerials, parapet walls, roof thickness, skylights, solar energy systems and vegetated roofs pursuant to Section 23-411 (General permitted obstructions).
- In the districts indicated, for buildings other than those subject to the provisions set forth in Section 23-421, for those buildings subject to any height and setback regulations, the following rules shall apply within a required front setback distance above a maximum base height:
- Dormers shall be allowed as a permitted obstruction, provided that on any street frontage, either one of the following methods is applied:
- the aggregate width of all dormers at the maximum base height does not exceed 60 percent of the width of the street wall of the highest storyentirely below the maximum base height. For each foot above the maximum base height, the aggregate width of all dormers shall be decreased by one percent of the street wall width of the highest story entirely below the maximum base height; or
- the aggregate width of all dormers at the maximum base height does not exceed 40 percent of the width of the street wall of the highest story entirely below the maximum base height. Such dormers need not decrease in width as the height above the maximum base height increases.
Where towers allowances are utilized pursuant to the provisions of Section 23-435, dormers may only rise to a height equivalent to 75 percent of the height of the tower portion. Such dormer shall be included in the calculation of tower coverage.
- Solar energy systems on a roof shall be limited to four feet or less in height, as measured from the maximum height limit, or the finished level of the roof, whichever is higher. However, on a roof with a slope greater than 20 degrees, such systems shall be limited to 18 inches in height as measured perpendicular to the roof surface.
- Wind energy systems shall not be allowed as permitted obstructions.
- Window washing equipment shall not be allowed as permitted obstructions.
- Dormers shall be allowed as a permitted obstruction, provided that on any street frontage, either one of the following methods is applied:
R1 R2 R3 R4 R5
In the districts indicated, the height and setback regulations of a building or other structure shall be as set forth in Section 23-421 (Basic pitched-roof envelopes for certain districts) and 23-422 (Basic flat-roof envelopes for certain districts). Where applicable, standard setback provisions are set forth in Section 23-423.
Such heights may be increased on qualifying residential sites or on zoning lots containing qualifying senior housing, or for certain large sites, pursuant to Sections 23-424 or 23-425, respectively.
Additional provisions are set forth in Section 23-426 and Section 23-44, inclusive.
The height of all buildings or other structures shall be measured from the base plane. For the purposes of this Section, where base planes of different elevations apply to different portions of a building or other structure, each such portion of the building may be considered to be a separate building. Furthermore, for the purposes of this Section, building segments may be considered to be separate buildings and abutting semi-detached buildings may be considered to be one building.
R1 R2 R3A R3X R3-1 R3-2 R4 R4A R4-1 R4A R5A
In the districts indicated, the height and setback regulations for single- or two-family detached, semi-detached, or zero lot line buildings or other structures, where permitted, shall be set forth in this Section.
The perimeter walls of a building or other structure are those portions of the outermost walls enclosing the floor area within a building or other structure at any level and height is measured from the base plane. Perimeter walls are subject to setback regulations at a maximum height above the base plane of 25 feet.
Above these heights, sloping planes control the maximum height of the building or other structure requiring either a setback or a pitched roof. These planes start at the maximum permitted height of the perimeter walls and meet at a ridge line of 35 feet above the base plane. The exact locations of these planes are flexible and are determined in the following steps set forth in paragraphs (a) through (g):
- At a height of 35 feet above and parallel to the base plane, a plane is projected above the area enclosed by and including the perimeter walls of the building or other structure. A second plane (the perimeter wall plane) is projected in the same manner at a height of 25 feet above the base plane. (See Figure A)
- Each perimeter wall of the building or other structure with a horizontal dimension of eight feet or more which projects from an adjacent perimeter wall at least 18 inches may have an apex point directly above it on the 35-foot-high plane. (See Figure B). The location of the apex point is flexible provided it is directly above its perimeter wall and provided a line drawn from the intersection of two perimeter walls to such an apex point does not exceed 80 degrees to the horizontal. An apex point is not required for each qualifying perimeter wall; however, the maximum number of apex points above each such wall is one.
- One “ridge line” is extended in a straight line from each apex point along the 35-foot-high plane. Ridge lines which connect two apex points may cross other ridge lines. Otherwise, ridge lines which extend from only one apex point must terminate at a point of intersection with another ridge line. (See Figure C)
- Sloping planes are extended in a straight line outward and downward from each ridge line until they intersect the perimeter wall plane. Every sloping plane generated must intersect the perimeter wall plane for the full width of the ridge line from which it extends. (See Figure D). The maximum angle of pitch for any sloping plane may not exceed 80 degrees to the horizontal. Sloping planes extended from ridge lines perpendicular or within 45 degrees of being perpendicular to each other may intersect, in which case the higher plane defines the limit of the envelope. Sloping planes extended from ridge lines parallel or within 45 degrees of being parallel to each other must intersect the perimeter wall plane without intersecting each other.
- The perimeter walls are then extended vertically beyond the perimeter wall plane, up to the heights defined by the sloping planes generated in paragraph (d). (See Figure E). The perimeter walls of the building or other structure, the sloping planes and the perimeter wall extensions define the building envelope. (See Figure F).
- Special Situations
For convex curved perimeter walls, the building or other structure must be within a plane curve tapering uniformly to a vertex located at a height of 35 feet. For concave curved perimeter walls, the building or other structure must lie within a plane curve extending from the maximum perimeter wall height to a ridge line parallel to the prolongation of the perimeter wall at the 35-foot level. Such plane curves may not exceed a pitch of 80 degrees in relation to a plane drawn parallel to the base plane at the maximum height of the permitted perimeter wall. (See Figure G).
- In R1 and R2 Districts without a letter suffix, for zoning lots that either:
- have a lot area of at least 9,500 square feet and lot width of at least 100 feet; or
- have a slope, as measured from the street wall line level to the rear wall line level, of at least five percent to the horizontal;
the reference plane for applying the regulations of this Section may be located up to five feet above the base plane.
R3-2 R4 R4B R5 R5B R5D
In the districts indicated, the height and setback regulations for buildings or other structures shall be set forth in this Section.
R3-2 R4
- In the districts indicated, for residences not subject to the provisions of Section 23-421, the maximum building height shall be 35 feet.
R4B
- In the district indicated, the maximum building height shall be 25 feet.
R5B
- In the district indicated, the maximum building height shall be 35 feet.
R5
- In the district indicated, except R5 Districts with a letter suffix, the maximum base height shall be 35 feet, and the maximum building height shall be 45 feet. At a height not higher than the maximum base height, a setback shall be provided in accordance with Section 23-423.
R5D
- In the district indicated, the maximum building height shall be 45 feet.
Standard setback regulations
Where minimum setback regulations are specific for a particular building envelope for a particular district, the following shall apply.
At a height not higher than the maximum base height specified for the applicable district, a setback with a depth of at least 10 feet shall be provided from any street wall fronting on a wide street, and a setback with a depth of at least 15 feet shall be provided from any street wall fronting on a narrow street. Such minimum setbacks may be modified as follows:
- The depth of such required setback may be reduced by one foot for every foot that the street wall is located beyond the minimum required front yard, but in no event shall a setback of less than seven feet in depth be provided, except as otherwise set forth in this Section. To allow street wall articulation, where a street wall is divided into different segments and located at varying depths from the street line, such permitted setback reduction may be applied to each street wall portion separately.
- The depth of such setbacks may include the depth of recesses or outer courts in the street wall of the building base, provided that the aggregate width of any such recessed portion of a street wall with a setback less than seven feet, as applicable, does not exceed 30 percent of the aggregate width of street wall at any level.
- These setback provisions are optional for any building wall that either is located beyond 50 feet of a street line, or oriented so that lines drawn perpendicular to it, in plan, would intersect a street line at an angle of 65 degrees or less. In the case of an irregular street line, the line connecting the most extreme points of intersection shall be deemed to be the street line.
- Dormers provided in accordance with the provisions of Section 23-413 (Permitted obstructions in certain districts) may penetrate a required setback area.
R1 R2 R3 R4 R5
In the districts indicated, for qualifying residential sites, the height and setback modifications set forth in this Section shall apply.
The maximum base height and maximum building height shall be as set forth in the following table. At a height not higher than the maximum base height, a setback shall be provided in accordance with Section 23-423.
MAXIMUM BASE HEIGHT AND MAXIMUM BUILDING HEIGHTS FOR QUALIFYING RESIDENTIAL SITES AND QUALIFYING SENIOR HOUSING
District |
Maximum Base Height (in feet) |
Maximum Height of Buildings or other Structures (in feet) |
R1-1 R1-2 R1-2A R2 R2A R2X R3-1 R3-2 R3A R3X |
35 |
35 |
R4 R4-1 R4A R4B |
35 |
45 |
R5 R5A R5B R5D |
45 |
55 |
R1 R2 R3 R4 R5
In the districts indicated, for zoning lots that meet the criteria of paragraph (a) of this Section, the height and setback modifications set forth in paragraph (b) shall apply.
- Eligible sites
The provisions of this Section shall apply to large sites that are qualifying residential sites or zoning lots located in R3-2, R4, R5, R5B or R5D Districts.
However, for large sites with existing buildings, eligible portions of the zoning lot for developments or enlargements:- shall not include open space with amenities used for recreational purposes, such as play equipment, court game facilities, ball fields or fixed tables and chairs, unless such space is replaced in kind and size on the same zoning lot; and
- shall be located, partially or entirely, within 100 feet of a street line.
- Modified height and setback provisions
For eligible zoning lots, the maximum base height and maximum building heights set forth in Section 23-424 shall apply. However, where either the height at roof level of an existing building, or ornamental features in an existing non-residential building or other structure, meet or exceed the maximum heights set forth in such table, the maximum heights may be increased by 10 feet, or the height of such roof level or ornamental feature, whichever is lower.
R1 R2 R3 R4 R5
In the districts indicated, the following additional regulations shall apply:
- For any zoning lot located in a Historic District designated by the Landmarks Preservation Commission, any applicable maximum height regulations of Section 23-42, inclusive, or as modified in any applicable Special District, may be modified as follows: the maximum base height may vary between the maximum set forth in Sections 23-422, 23-424, and 23-425, and the height of an adjacent building before setback, if such height is higher than the maximum base height.
- For buildings containing multiple dwelling residences with street wall widths exceeding 150 feet, as measured parallel to the street line, a minimum of 20 percent of the entire surface area of each street wall shall either recess or project a minimum of three feet from the street wall. The depth of required recesses or projections of a building shall be measured from the street wall.
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the street wall location of a building shall be as set forth in Section 23-431, the height and setback regulations of a building or other structure shall be as set forth in Section 23-432, and standard setback provisions shall be as set forth in Section 23-433.
The maximum heights set forth in Section 23-432 may be modified for zoning lots meeting certain criteria, in accordance with Section 23-434, or where towers are permitted in accordance with Section 23-435. Additional height and setback provisions are set forth in Section 23-436 and Section 23-44, inclusive.
The height of all buildings or other structures shall be measured from the base plane. For the purposes of this Section, where base planes of different elevations apply to different portions of a building or other structure, each such portion of the building may be considered to be a separate building.
Lot coverages for towers, including maximums and minimums, where applicable, shall be applied at every level.
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the applicable street wall location provisions of this Section shall apply. Such provisions shall apply to the portion of a street wall located below the maximum base height and before the required setback as set forth in Section 23-432 (Height and setback requirements).
- Line-up rules
In R6B, R7B, and R8B Districts, the street wall of a building shall be located no closer to the street line than the closest street wall, or portion thereof, nor further from the street line than the furthest street wall, or portion thereof, of an existing adjacent building on the same or an adjoining zoning lot located on the same street frontage. Eligible adjacent buildings shall be located within 15 feet of the street line, within 25 feet of the subject building, and have a height that exceeds 35 feet. Where an existing adjacent building has multiple street walls located at varying depths from the street line, the subject street wall shall not be located closer to the street line than the furthest portion of such existing adjacent street wall that is at least five feet in width and extends to at least half the height of the building.
However, where, the street wall surrounding the subject building do not have a prevailing street wall frontage, the applicable street wall regulations of paragraph (b) may be applied. - Percentage-based rules
For all buildings that are not subject to the provisions of paragraph (a), the following shall apply:- Along wide streets, at least 70 percent of the aggregate width of street walls shall be located within eight feet of the street line and extend to at least the minimum base height specified in Section 23-432, or the height of the building, whichever is less. Up to 30 percent of the aggregate width of street walls may be recessed beyond eight feet of the street line, provided that any such recesses deeper than 10 feet along a wide street or 15 feet along a narrow street are located within an outer court.
- Along narrow streets, at least 70 percent of the aggregate width of street wall shall be located within 10 feet of the street line and extend to at least the minimum base height specified in Section 23-432, or the height of the building, whichever is less. Up to 30 percent of the aggregate width of street walls may be recessed beyond 10 feet of the street line, provided that any such recesses deeper than 15 feet are located within an outer court.
However, where the street walls surrounding the subject building are located on a block with a prevailing street wall frontage that is located further from the street line than the applicable provisions of this paragraph, the line-up provisions of paragraph (a) of this Section may be applied.
- Modifications for large zoning lots
Notwithstanding the provisions of paragraph (a) or (b) of this Section, for zoning lots with a lot area of at least 40,000 square feet or for zoning lots that occupy an entire block, at least 50 percent of the aggregate width of street walls shall be located within 15 feet of the street line and extend to at least the minimum base height specified in Section 23-432, or the height of the building, whichever is less. - Articulation allowances
- In all districts, and along all frontages, street wall articulation, including, but not limited to, window recesses and structural expression on the building facade, shall be permitted to project or recess beyond the street wall locations established in paragraphs (a), (b) or (c) of this Section, provided such articulation does not exceed a depth or projection of 12 inches. In addition, to accommodate other forms of street wall articulation, such as bay windows, and facade recesses, up to 50 percent of the aggregate width of street wall, at any level, may recess or project beyond such street wall location provisions of this Section, provided that no such recess or projection exceeds a depth of three feet, as measured perpendicular to the street wall, or portion thereof. No projection shall extend beyond the street line, except where encroachments into the public right-of-way are permitted by the New York City Administrative Code.
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the minimum base height, maximum base height, and maximum building height shall be as set forth in the following table. Separate maximum base heights and maximum building heights are set forth for zoning lots containing standard residences and zoning lots containing qualifying affordable housing or qualifying senior housing.
For portions of a building street wall that exceed the maximum base height, a setback shall be provided at a height not lower than the minimum base height or higher than the maximum base height in accordance with Section 23-433.
MINIMUM BASE HEIGHT, MAXIMUM BASE HEIGHT,
AND MAXIMUM BUILDING HEIGHTS
District |
Minimum base height (in feet) |
Standard residences |
Qualifying affordable housing or qualifying senior housing
|
||
Maximum base height (in feet) |
Maximum Height of buildings or other structures (in feet) |
Maximum base height (in feet) |
Maximum height of buildings or other structures (in feet) |
||
R6A R61 R6-1 |
40 |
65 |
75 |
65 |
95 |
R62 |
30 |
45 |
55 |
65 |
85 |
R6B |
30 |
45 |
55 |
45 |
65 |
R6D R6-2 |
30 |
45 |
65 |
55 |
75 |
R7A R7-11 R7-21 |
40 |
75 |
85 |
85 |
115 |
R7-12 R7-22 |
40 |
65 |
75 |
85 |
105 |
R7B |
40 |
65 |
75 |
65 |
95 |
R7D |
60 |
85 |
105 |
95 |
125 |
R7X R7-3 |
60 |
95 |
125 |
105 |
145 |
R8A |
60 |
95 |
125 |
105 |
145 |
R8B |
55 |
65 |
75 |
85 |
95 |
R8X |
60 |
95 |
155 |
105 |
175 |
R82 |
60 |
85 |
115 |
105 |
145 |
R81 |
60 |
95 |
135 |
105 |
145 |
R83 |
60 |
95 |
135 |
125 |
175 |
R9A1 R91 |
60 |
105 |
145 |
135 |
185 |
R9A2 R92 |
60 |
95 |
135 |
135 |
185 |
R9D R9-1 |
60 |
125 |
175 |
155 |
215 |
R9X1 |
105 |
125 |
175 |
155 |
215 |
R9X2 |
60 |
125 |
165 |
155 |
215 |
R10X1 R101 |
60 |
155 |
215 |
155 |
235 |
R10A1 |
125 |
155 |
215 |
155 |
235 |
R10A2 R10X2 R102 |
60 |
125 |
185 |
155 |
235 |
R11A1 |
125 |
155 |
255 |
155 |
325 |
R11A2 R11 |
60 |
155 |
255 |
155 |
325 |
R12 |
60 |
155 |
325 |
155 |
395 |
1 For zoning lots or portions thereof within 100 feet of a wide street
2 For zoning lots or portions thereof on a narrow street beyond 100 feet of a wide street or, for zoning lots with only wide street frontage, portions of such zoning lot beyond 100 feet of the street line
3 Outside of Mandatory Inclusionary Housing areas, for zoning lots, or portions thereof, located within 100 feet of a wide street, containing UAP developments or qualifying senior housing
Standard setback regulations
R6 R7 R8 R9 R10 R11 R12
At a height not lower than the minimum base height or higher than the maximum base height specified for the applicable district, a setback with a depth of at least 10 feet shall be provided from any street wall fronting on a wide street, and a setback with a depth of at least 15 feet shall be provided from any street wall fronting on a narrow street. Such minimum setbacks may be modified as follows:
- The depth of such required setback may be reduced by one foot for every foot that the street wall is located beyond the street line, but in no event shall a setback of less than seven feet in depth be provided, except as otherwise set forth in this Section. To allow street wall articulation, where a street wall is divided into different segments and located at varying depths from the street line, such permitted setback reduction may be applied to each street wall portion separately.
- The depth of such setbacks may include the depth of recesses or outer courts in the street wall of the building base, provided that the aggregate width of any such recessed portion of a street wall with a setback less than seven feet, as applicable, does not exceed 30 percent of the aggregate width of street wall at any level.
- These setback provisions are optional for any building wall that either is located beyond 50 feet of a street line, or oriented so that lines drawn perpendicular to it, in plan, would intersect a street line at an angle of 65 degrees or less. In the case of an irregular street line, the line connecting the most extreme points of intersection shall be deemed to be the street line.
- Dormers provided in accordance with the provisions of Section 23-413 (Permitted obstructions in certain districts) may penetrate a required setback area.
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, without a letter suffix, for zoning lots that meet the criteria of paragraph (a) of this Section, the height and setback modifications set forth in paragraph (b) may be applied.
- Eligible sites
The provisions of this Section shall apply to:- zoning lots with a transportation-infrastructure-adjacent frontage;
- zoning lots where one of the following irregularities exists on December 5, 2024 and the date of application for a building permit:
- an interior lot, or portions thereof, has a depth that is less than 85 feet, or a through lot, or portion thereof, has a depth that is less than 170 feet;
- an interior lot, or portions thereof, has a depth that is greater than or equal to 115 feet, or a through lot, or portion thereof, has a depth that is greater than or equal to 230 feet;
- corner lots or other zoning lots with multiple front lot lines where the angle between two front lot lines is greater than or less than 15 degrees of being perpendicular;
- through lots or other zoning lots with multiple front lot lines where the angle between two front lot lines is greater than or less than 15 degrees of being parallel;
- zoning lots where, over the depth of the lot, as measured perpendicular from the front lot line, there is a slope of at least 15 percent to the horizontal; or
- zoning lots that have a lot area of at least 20,000 square feet or occupy an entire block.
However, for zoning lots with a lot area of 30,000 square feet or more with existing buildings, eligible portions of the zoning lot for developments or enlargements:- shall not include open space with amenities used for recreational purposes, such as play equipment, court game facilities, ball fields or fixed tables and chairs, unless such space is replaced in kind and size on the same zoning lot; and
- shall be located, partially or entirely, within 100 feet of a street line.
- Modified height and setback provisions
For eligible zoning lots, the maximum permitted building height may be modified as follows:
MAXIMUM BUILDING HEIGHT FOR ELIGIBLE SITES
District
Maximum height of buildings or other structures (in feet)
R6-2
95
R6 R6-1
125
R7-1 R7-2
155
R7-3
185
R8
215
R81
255
R9
285
R9-1
315
R10
355
R11
405
R12
495
1 for UAP developments or qualifying senior housing on zoning lots, or portions thereof, within 100 feet of a wide street
Notwithstanding the above, where either a single zoning lot or two or more zoning lots under single fee ownership or alternate ownership arrangements that are contiguous or would be contiguous but for their separation by a street, have a lot area of at least 40,000 square feet, and where either the height at roof level of an existing building, or ornamental features in an existing non-residential building or other structure, meet or exceed the maximum heights set forth in such table, the maximum heights may be increased by 25 percent, or the height of such roof level or ornamental feature, whichever is lower.
Tower regulations
In R9 through R12 Districts, other than R9A, R9X, R10A or R11A Districts, as an alternative to the maximum building heights set forth in Section 23-432, towers are permitted pursuant to the provisions of this Section.
Above the maximum base height specified for the particular district, a tower with a maximum lot coverage of:
- 65 percent shall be permitted up to a height of 300 feet; and
- 50 percent shall be permitted above a height of 300 feet.
For certain areas, additional tower regulations are set forth in Section 23-441.
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the following additional regulations shall apply:
- Existing buildings may be vertically enlarged by up to one story or 15 feet without regard to the street wall location requirements of Section 23-431.
- On through lots which extend less than 190 feet in maximum depth from street to street, the street wall location requirements of Section 23-431 shall be mandatory along only one street frontage.
- On corner lots, or portions thereof, the street wall location requirements of Section 23-431 shall be mandatory along only one street frontage. Where one of the street frontages bounding the corner lot is a wide street and the other a narrow street, the street wall location rules shall be applied along the wide street frontage;
- The street wall location and minimum base height provisions of Sections 23-431 and 23-432, respectively, shall not apply along any street frontage of a zoning lot occupied by buildings whose street wall heights or widths will remain unaltered.
- The minimum base height provisions of Section 23-432 shall not apply to buildings, or portions thereof, that are developed or enlarged and do not exceed such minimum base heights.
- For any zoning lot located in a Historic District designated by the Landmarks Preservation Commission, the street wall location and minimum or maximum base height regulations of Section 23-43, inclusive, or as modified in any applicable Special District, may be modified as follows:
- The minimum base height of a street wall may vary between the applicable minimum set forth in Section 23-432, and the height of the street wall of an adjacent building before setback, if such height is lower than the minimum base height; and
- The maximum base height of a street wall may vary between the applicable maximum set forth in Section 23-432, inclusive, and the height of the street wall of adjacent building before setback, if such height is higher than the maximum base height.
- Where a continuous sidewalk widening is provided on the zoning lot, along the entire block frontage of a street, the boundary of the sidewalk widening shall be considered to be the street line for the purposes of applying the provisions of Section 23-431, but such widening may be included in the setback reductions permitted pursuant to paragraph (a) of Section 23-433.
Special tower provisions
The tower provisions of Section 23-435 shall be modified in certain areas, as follows:
- In R9D and R10X Districts, the minimum lot coverage of a tower above the maximum base height shall be 33 percent of the lot area of the zoning lot. However, any story located within the highest 15 percent of the tower may cover less than 33 percent of the lot area of a zoning lot provided that the gross area of any such story does not exceed 90 percent of the gross area of that story located directly below the highest 15 percent of the tower.
- In R9 or R10 districts without a letter suffix, the following tower-on-a-base provisions shall apply to buildings where:
- more than 25 percent of the floor area is residential; and
- such building is located on a zoning lot that fronts upon a wide street and is either within 125 feet from such wide street frontage along the short dimension of a block or within 100 feet from such wide street frontage along the long dimension of the block.
The minimum lot coverage of a tower above the maximum base height shall be 30 percent of the lot area of the zoning lot. However, any story located within the highest 15 percent of the tower may cover less than 30 percent of the lot area of a zoning lot provided that the gross area of any such story does not exceed 90 percent of the gross area of that story located directly below the highest 15 percent of the tower.
At least 55 percent of the total floor area permitted on the zoning lot shall be located in stories located either partially or entirely below a height of 150 feet. When the lot coverage of the tower portion is less than 40 percent, the required 55 percent of the total floor area distribution, within a height of 150 feet, shall be increased in accordance with the following requirement:Percent of lot coverage of the tower portion
Minimum percent of total building floor area distribution below the level of 150 feet
40.0 or greater
55.0
39.0 to 39.9
55.5
38.0 to 38.9
56.0
37.0 to 37.9
56.5
36.0 to 36.9
57.0
35.0 to 35.9
57.5
34.0 to 34.9
58.0
33.0 to 33.9
58.5
32.0 to 32.9
59.0
31.0 to 31.9
59.5
30.0 to 30.9
60.0
For the purposes of determining the permitted tower coverage and the required minimum distance between buildings or portions thereof, that portion of a zoning lot located within 125 feet from the wide street frontage along the short dimension of a block shall be treated as if it were a separate zoning lot.
No tower or portion thereof shall be located on a narrow street at a distance that is more than 100 feet from the intersection with a wide street.
- No towers shall be permitted on any building located wholly or partly in a Residence District, that is within 100 feet of a public park with an area of one acre or more, or a street line opposite such a public park.
- Borough of Manhattan
- Community District 9
In R8 Districts without a letter suffix in the portion of Community District 9 in the Borough of Manhattan located north of West 125th Street, the underlying height and setback regulations for the zoning district shall apply, except that the additional height allowances for eligible sites set forth in Section 23-434 shall not apply. - Community District 6
In Community District 6 in the Borough of Manhattan, in R10 Districts located east of First Avenue and north of East 51st Street, for buildings where more than 25 percent of the floor area is residential but are not otherwise subject to the tower-on-a-base provisions of paragraph (b) of this Section, the following shall apply.
The minimum lot coverage of a tower above the maximum base height shall be 30 percent of the lot area of the zoning lot. However, any story located within the highest 15 percent of the tower may cover less than 30 percent of the lot area of a zoning lot if the gross area of any such story does not exceed 90 percent of the gross area of that story directly below the highest 15 percent of the tower.
At least 45 percent of the total floor area permitted on the zoning lot shall be located in stories located either partially or entirely below a height of 150 feet. In addition, when the lot coverage of the tower is less than 40 percent, the required 45 percent of the total floor area distribution, within a height of 150 feet, shall be increased in accordance with the following requirement:Percent of lot coverage of the tower portion
Minimum percent of total building floor area distribution below the level of 150 feet
40.0 or greater
45.0
39.0 to 39.9
45.5
38.0 to 38.9
46.0
37.0 to 37.9
46.5
36.0 to 36.9
47.0
35.0 to 35.9
47.5
34.0 to 34.9
48.0
33.0 to 33.9
48.5
32.0 to 32.9
49.0
31.0 to 31.9
49.5
30.0 to 30.9
50.0
- Community District 9
- Borough of Brooklyn
- Street wall modifications in Community Districts 8 and 9
For the purposes of applying the street wall location as well as the height and setback provisions of Sections 23-431 and 23-432, respectively, where the Administrative Code establishes restrictions on the location of buildings on lots fronting upon and within 30 feet of Eastern Parkway in Community Districts 8 and 9 in the Borough of Brooklyn, lines drawn 30 feet north of and 30 feet south of, and parallel to, Eastern Parkway shall be considered the northern and southern street lines of Eastern Parkway. - Height and setback modifications in Community District 9
For zoning lots in Mandatory Inclusionary Housing areas within the portion of Community District 9 in the Borough of Brooklyn, on the block bounded by Montgomery Street, Washington Avenue, Sullivan Place, and Franklin Avenue, the following height and setback modifications shall apply. The maximum height of a building or other structure shall not exceed an imaginary plane that:- begins at an elevation of 90 feet above the level of the base plane, beginning at the point along the center line of Sullivan Place, distant 120 feet, 4 inches east of the center line of Washington Avenue and parallel to Sullivan Place, and extending to Montgomery Street at an angle of 83 degrees, 17 minutes, 38 seconds; and
- extends upwards at a slope equivalent of 10 percent to the horizontal, in an easterly direction, as measured perpendicular to the line established by paragraph (b)(2)(i) of this Section.
Obstructions permitted pursuant to Section 23-411 may penetrate such imaginary plane provided that they are at least 90 percent transparent. In addition, obstructions specified in Section 23-412(c) located within 85 feet of Franklin Avenue may penetrate such imaginary plane up to 12 feet if there is a minimum of 30 feet between such obstructions and the obstruction is no longer than 60 feet in length along the frontage of Franklin Avenue.
- Street wall modifications in Community Districts 8 and 9
- Special provisions for zoning lots adjoining public parks
In all districts, where a building adjoining a public park utilizes the provisions of Section 23-381, such public park shall be considered a wide street for the purpose of applying the regulations set forth in Sections 23-42 and 23-43 to any building or other structure on a zoning lot adjoining such public park. - Special provisions for zoning lots with transportation-infrastructure-adjacent frontage
For zoning lots or portions thereof within 100 feet of a street line along a transportation-infrastructure-adjacent frontage, the following shall apply:- the applicable street wall location provisions of Section 23-431 and the minimum base height provisions of Section 23-432 need not apply; and
- for buildings containing multiple dwelling residences that are not otherwise eligible for additional height pursuant to Section 23-434, the applicable maximum building heights may be increased by 10 feet in R1 through R6 Districts, and by 20 feet in R7 through R12 Districts.
- Limited Height Districts
In the Limited Height Districts, the underlying height and setback regulations for the zoning district shall apply, except that:- the additional height allowances for eligible sites set forth in Section 23-434 shall not apply; and
- for zoning lots that do not contain qualifying affordable housing or qualifying senior housing, the maximum height of buildings or other structures shall be as shown in the following table:
Limited height district
Maximum height above curb level or base plane, as applicable
LH-1
50 feet
LH-lA
60 feet
LH-2
70 feet
LH-3
100 feet
- Special provisions along certain district boundaries
Where a zoning lot located in an R6 through R12 District abuts a zoning lot located within an R1 through R5 District, the height of a building within a ‘transition area’ measured parallel to the district boundary, shall not exceed the heights set forth in the table, depending on the zoning district adjacency, the adjacent zoning lot condition, and the width of the zoning lot.
TRANSITION AREA DIMENSION AND MAXIMUM HEIGHT
Maximum permitted height within transition area
(in feet, above base plane)Adjacent zoning district and zoning lot condition
For zoning lots with a lot width less than or equal to 30 feet
For zoning lots with a lot width greater than 30 feet
Within a distance equal to one-third of the lot width of the district boundary
Within 15 feet of the district boundary
Beyond 15 feet and within 25 feet of the district boundary
R1 R2 R3
Non-qualifying residential sites
45*
45*
65
Qualifying residential sites
65
65
85
R4 R5
Non-qualifying residential sites
65
65
85
Qualifying residential sites
85
85
85
* For zoning lots in R7, R8, R9 and R10 Districts, the maximum permitted height within the transition area shall be 65 feet.
DENSITY REGULATIONS
Applicability
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11R12
The provisions of Section 23-50 (DENSITY REGULATIONS), inclusive, shall apply to developments, enlargements or to existing buildings that increase the number of dwelling units. However, the provisions of this Section shall not apply to rooming units.
Any given floor area shall be counted only once in meeting the floor area requirements.
The provisions of this Section shall not apply to single- or two-family residences.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, for buildings containing multiple dwelling residences, the maximum number of dwelling units permitted shall be determined by dividing the maximum residential floor area permitted on the zoning lot by the applicable dwelling unit factor. The applicable dwelling unit factor shall be as follows:
- For the following types of multiple dwelling residences, there shall be no applicable dwelling unit factor:
- developments or enlargements of residences in special density areas;
- qualifying senior housing; or
- conversions of any non-residential building, or portion thereof, to residences in the special density areas, or outside of special density areas, conversions of community facility buildings, or portions of buildings containing community facilities, to residences#.
- For all other types of multiple dwelling residences, the applicable dwelling unit factor shall be 680. Fractions equal to or greater than three-quarters resulting from this calculation shall be considered to be one dwelling unit.
In addition, for zoning lots with uses that have different dwelling unit factor applicability, for the purposes of calculating the maximum number of dwelling units permitted within buildings, or portions thereof, that are subject to a dwelling unit factor, the calculation shall exclude the floor area not subject to a dwelling unit factor before dividing by the dwelling unit factor. Where floor area in a building is shared by multiple uses, the floor area for such shared portion shall be attributed to each use proportionately, based on the percentage each use occupies of the total floor area of the zoning lot, less any shared floor area.
Street tree planting
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In all districts, as indicated, the following shall provide street trees in accordance with Section 26-41 (Street Tree Planting):
- developments, or enlargements that increase the floor area on a zoning lot by 20 percent or more. However, street trees shall not be required for enlargements of single- or two-family residences;
- conversions of 20 percent or more of the floor area of a building to a residential use; or
- construction of a detached garage that is 400 square feet or greater.
R1 R2 R3 R4 R5
In the districts indicated, the following shall provide and maintain a planting strip in accordance with Section 26-42:
- developments, or enlargements that increase the floor area on a zoning lot by 20 percent or more. However, planting strips shall not be required for enlargements of single- or two-family residences;
- conversions of 20 percent or more of the floor area of a building to a residential use; or
- construction of a detached garage that is 400 square feet or greater.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the area of the zoning lot between the street line and all street walls of the building and their prolongations shall be planted at ground level, or in raised planting beds that are permanently affixed to the ground, except that such plantings 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, in any area where there is a permitted obstruction.
Planted areas shall be comprised of any combination of grass, groundcover, shrubs, trees or other living plant material, and shall have a minimum dimension of one foot, exclusive of any bounding walls.
No zoning lot shall be altered in any way that will either create a new non-compliance or increase the degree of non-compliance with the provisions of this Section.
Balconies
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, balconies may project into or over any open areas not occupied by buildings at that particular level, provided that:
- within any yards, courts, or other required open areas, such balcony shall:
- not project by more than one third of the depth of such areas specified above, or a distance greater than seven feet, whichever is less, as measured from the plane surface of the building wall from which it projects;
- not cover more than 10 percent of any open area required pursuant to Section 23-30, inclusive, or any outdoor recreation space provided pursuant to Section 23-63; and
- have an aggregate width, at the level of any story, not exceeding 50 percent of the width at that level of the plane surface of the building wall from which it projects; and
- within any open areas, whether required or not, such balcony shall:
- be unenclosed except for building walls and parapets, railings, or safety guards, whether applied singly, or in combination, provided that:
- parapets shall not exceed four feet in height;
- railings shall not exceed 4 feet, 6 inches in height and shall be at least 50 percent open for the portion that exceeds four feet in height; and
- safety guards shall not exceed 10 feet in height and shall be at least 90 percent transparent materials for the portion that exceeds four feet in height. In addition, where such balcony has a roofed portion above it, there shall be an opening that is not less than 40 percent of the height between the bottom of the roof and the finished floor level of such balcony.
However, such balconies may be recessed into a building wall up to a maximum depth of six feet provided that at least 33 percent of the perimeter of such balcony is unenclosed except for a parapet, railing, or safety guard; and
- be located at least 13 feet above curb level, except that for buildings containing residences not more than 35 feet in height, such balcony may be located at or higher than the floor level of the second story provided that such balcony is located not lower than seven feet above curb level or seven feet above natural grade, whichever is higher.
- be unenclosed except for building walls and parapets, railings, or safety guards, whether applied singly, or in combination, provided that:
All developments, enlargements, extensions or conversions in buildings that are multiple dwelling residences that result in nine or more new dwelling units after December 5, 2024 shall provide recreation space in accordance with this Section.
Such recreation space may include, but shall not be limited to, fitness centers, pools, wellness services, sports courts, game rooms, outdoor spaces, or child play spaces.
The amount of recreation space required shall be equivalent to a minimum of three percent of the residential floor area of the building. Such space may be provided indoors or outdoors, singly or in combination. Where provided indoors, floor space may be exempted from the definition of floor area pursuant to Section 12-10 (DEFINITIONS), provided that the standards of Section 23-231 (Floor area provisions for amenities) are met.
Additionally, such recreation space shall comply with the following standards:
- all recreation space shall be accessible to the residents of the building;
- the minimum dimension of any recreation space, in any direction, whether indoor or outdoor, shall be 15 feet;
- any outdoor recreation space shall be open to the sky, except that:
- building projections, not to exceed seven feet in depth, may cover up to 10 percent of the outdoor recreation space, provided that the lowest level of the projection is at least 10 feet above the level of the outdoor recreation space; and
- the combination of building projections, where provided, and any sun shading devices permitted pursuant to 23-311, including, but not limited to, arbors or trellises, awnings and other sun control devices, or canopies, may cover up to 50 percent; and
- any indoor recreation room shall have at least one exterior wall with windows, or ceiling with skylights, that measures not less than 9.5 percent of the total floor space of the room.
Recreation space provided in Quality Housing buildings, in buildings converted pursuant to Article I, Chapter, or in any other building as part of requirements in effect prior to December 5, 2024, or recreation space that is provided pursuant to the requirements of Section 23-63 (Required Recreation Space in Multi-family Buildings) after December 5, 2024, may be modified, relocated or otherwise reconfigured, provided that the requirements of Section 23-63 are met for all newly created spaces.
Applicability
The optional predominantly built-up area provisions of Section 23-71, inclusive, may be applied to zoning lots:
- that have a lot area of not more than 1.5 acres;
- located on a block:
- that is entirely within R4 or R5 Districts without a letter or number suffix, including a Commercial District mapped within such Residence Districts;
- that has a maximum area of four acres;
- where the buildings on zoning lots comprise 50 percent or more of the area of the block; and
- where, as of October 21, 1987, not more than 75 percent of the aggregate length of the block frontages facing each other around the zoning lot, on both sides of the street, are allocated to single- or two-family detached or semi-detached residences.
All buildings used in calculations shall have certificates of occupancy or other evidence acceptable to the Commissioner of Buildings issued prior to the date of application for a building permit.
Floor area modifications
For zoning lots in R4 or R5 Districts, without a letter or number suffix, utilizing the predominantly built-up area provisions of Section 23-71, inclusive, the maximum floor area ratio shall be as set forth in the following table:
District |
Maximum Floor Area Ratio |
R4 |
1.35 |
R5 |
1.65 |
For zoning lots in R4 or R5 Districts, without a letter or number suffix, utilizing the predominantly built-up area provisions of Section 23-71, inclusive, the following height and setback modifications shall apply:
- in R4 Districts, the height and setback regulations applicable to an R4A District set forth in Section 23-421 (Basic pitched-roof envelopes for certain districts) shall apply; and
- in R5 Districts, the height and setback regulations applicable to an R5B District set forth in Section 23-422 (Basic flat-roof envelopes for certain districts) shall apply.
Applicability
The optional provisions of Section 23-72, inclusive, may be applied to zoning lots containing buildings used exclusively as single-, two- or three-family residences in R5 and R6 Districts without a letter suffix in the portion of Community District 12, in the Borough of Brooklyn, that is bounded by 39th Street, Dahill Road, Ditmas Avenue, McDonald Avenue, Bay Parkway, 61st Street and Fort Hamilton Parkway.
Floor area modifications
For zoning lots in R5 Districts, without a letter suffix, utilizing the provisions of Section 23-72, inclusive, the maximum floor area ratio shall be as set forth in the following table:
District |
Maximum Floor Area Ratio for a corner lot |
Maximum Floor Area Ratio for an interior or through lot |
R5 |
1.65 |
1.80 |
Yard modifications
For zoning lots utilizing the provisions of Section 23-72, inclusive, the yard regulations shall be modified as follows:
- in R5 Districts without a letter suffix, the front yard regulations shall be modified as follows: a front yard shall be provided with a depth of not less than five feet provided that, for corner lots, one front yard with a depth of not less than 10 feet is required;
- in R5 Districts and R6 Districts without a letter suffix, the rear yard regulations shall be modified to require a rear yard with a depth of not less than 20 feet at every rear lot line on any zoning lot.
For zoning lots in R5 Districts, without a letter suffix, utilizing the provisions of Section 23-72, inclusive, the following height and setback modifications shall apply: the height and setback regulations applicable to an R5B District set forth in Section 23-422 (Basic flat-roof envelopes for certain districts) shall apply.
Applicability
The optional provisions for sky exposure plane buildings set forth in Section 23-73, inclusive, may be applied to zoning lots in R6 through R10 Districts without a letter suffix, except that such alternative provisions shall not apply to:
- zoning lots in R6-1, R6-2, R7-3 and R9-1 Districts;
- zoning lots in R8 Districts without a letter suffix in the portion of Community District 9 in the Borough of Manhattan located north of West 125th Street; or
- zoning lots located in the Limited Height Districts.
R6 R7 R8 R9
In the districts indicated without a letter suffix, for sky exposure plane buildings, the minimum required open space ratio and the maximum floor area ratio for any zoning lot shall be determined by the height factor of such zoning lot as set forth in this Section. Where elected, such floor area ratio shall supersede the floor area ratio provisions of Section 23-22, and apply to all residences, including qualifying affordable housing or qualifying senior housing.
The minimum open space required through the application of a minimum open space ratio shall be applied in conjunction with the applicable regulations of Section 23-30 (YARDS, COURTS AND OTHER OPEN AREA REGULATIONS). The obstructions set forth in Section 23-311 shall per permitted in required open space.
MINIMUM REQUIRED OPEN SPACE RATIO AND MAXIMUM FLOOR AREA RATIO
R6 through R9 Districts
|
In R6 Districts |
In R7 Districts |
In R8 Districts |
In R9 Districts |
||||
Min. Req. Open Space Ratio |
Max. Floor Area Ratio |
Min. Req. Open Space Ratio |
Max. Floor Area Ratio |
Min. Req. Open Space Ratio |
Max. Floor Area Ratio |
Min. Req. Open Space Ratio |
Max. Floor Area Ratio |
|
1 |
27.5 |
0.78 |
15.5 |
0.87 |
5.9 |
0.94 |
1.0 |
0.99 |
2 |
28.0 |
1.28 |
16.0 |
1.52 |
6.2 |
1.78 |
1.4 |
1.95 |
3 |
28.5 |
1.62 |
16.5 |
2.01 |
6.5 |
2.51 |
1.8 |
2.85 |
4 |
29.0 |
1.85 |
17.0 |
2.38 |
6.8 |
3.14 |
2.2 |
3.68 |
5 |
29.5 |
2.02 |
17.5 |
2.67 |
7.1 |
3.69 |
2.6 |
4.42 |
6 |
30.0 |
2.14 |
18.0 |
2.88 |
7.4 |
4.15 |
3.0 |
5.08 |
7 |
30.5 |
2.23 |
18.5 |
3.05 |
7.7 |
4.55 |
3.4 |
5.65 |
8 |
31.0 |
2.30 |
19.0 |
3.17 |
8.0 |
4.88 |
3.8 |
6.13 |
9 |
31.5 |
2.35 |
19.5 |
3.27 |
8.3 |
5.15 |
4.2 |
6.54 |
10 |
32.0 |
2.38 |
20.0 |
3.33 |
8.6 |
5.38 |
4.6 |
6.85 |
11 |
32.5 |
2.40 |
20.5 |
3.38 |
8.9 |
5.56 |
5.0 |
7.09 |
12 |
33.0 |
2.42 |
21.0 |
3.41 |
9.2 |
5.71 |
5.4 |
7.30 |
13 |
33.5 |
2.43 |
21.5 |
3.42 |
9.5 |
5.81 |
5.8 |
7.41 |
14 |
34.0 |
2.43 |
22.0 |
3.44 |
9.8 |
5.92 |
6.2 |
7.52 |
15 |
34.5 |
2.43 |
22.5 |
3.42 |
10.1 |
5.95 |
6.6 |
7.52 |
16 |
35.0 |
2.42 |
23.0 |
3.41 |
10.4 |
5.99 |
7.0 |
7.52 |
17 |
35.5 |
2.42 |
23.5 |
3.40 |
10.7 |
6.02 |
7.4 |
7.52 |
18 |
36.0 |
2.40 |
24.0 |
3.38 |
11.0 |
6.02 |
7.8 |
7.46 |
19 |
36.5 |
2.39 |
24.5 |
3.36 |
11.3 |
6.02 |
8.2 |
7.41 |
20 |
37.0 |
2.38 |
25.0 |
3.33 |
11.6 |
6.02 |
8.6 |
7.35 |
21 |
37.5 |
2.36 |
25.5 |
3.30 |
11.9 |
5.99 |
9.0 |
7.25 |
For zoning lots with height factors greater than 21, the minimum required open space ratio shall be as set forth in the following table:
OPEN SPACE RATIO FOR HIGH BUILDINGS
District |
Minimum Required Open Space Ratio at Height Factor of 21 |
Additional Required Open Space Ratio for each Additional Height Factor |
R6 |
37.5 |
0.5 |
R7 |
25.5 |
0.5 |
R8 |
11.9 |
0.3 |
R9 |
9.0 |
0.4 |
For these zoning lots, the maximum floor area ratio shall be such as can be attained at the required open space ratio for the height factor.*
* The floor area ratio attainable at a given height factor and a given open space ratio may be computed from the following formula:
In R10 Districts, the maximum floor area ratio on a zoning lot shall be 12.0 for qualifying affordable housing or qualifying senior housing and 10.0 for other residences.
Special tower provisions
For sky exposure plane buildings, the provisions of Section 23-30, inclusive, shall apply, except that:
- for through lots, the alternate location allowances set forth in paragraph (c)(2) of Section 23-344 may be applied to rear yard equivalents;
- the maximum lot coverages set forth in Section 23-36, inclusive, need not apply; and
- the minimum distance between buildings provisions of paragraph (c)(2) of Section 23-371, pertaining to two of more buildings on the same zoning lot that are not connected at any level, shall be modified as follows.
The required minimum distance between the portion of a building containing dwelling units and any other building on the same zoning lot shall vary according to the height of such building and the particular wall condition and the presence of legally required windows in facing building walls.
For the purposes of this Section, wall condition shall be defined as follows:
“wall to wall” is a condition where two walls of buildings face each other, and neither wall contains a legally required window;
“wall to window” is a condition where two walls of buildings face each other, and one wall contains a legally required window and the other wall does not contain a legally required window;
“window to window” is a condition where two walls of buildings face each other, and both walls contain a legally required window.
Such minimum distance shall be as indicated in the following table:
Wall Condition
Maximum building height above base plane or curb level, as applicable
25 feet
35 feet
40 feet
50 feet
Over 50 feet
Wall to wall
40
40
40
40
40
Wall to window
40
40
40
45
50
Window to window
40
45
50
55
60
However, for portions of buildings higher than 125 feet, the provisions of Section 23-371 shall continue to apply.
R6 R7 R8 R9 R10
In the districts indicated without a letter suffix, for sky exposure plane buildings, the height and setback regulations shall be as set forth in this Section, inclusive.
Buildings may elect to utilize the front setback provisions of paragraph (a) of this Section, or the alternate front setback provisions of paragraph (b) of this Section. Where elected, such provisions shall supersede the provisions of Section 23-43, inclusive.
In R9 or R10 Districts, towers may penetrate a sky exposure plane pursuant to Section 23-737 (Tower regulations).
Notwithstanding the foregoing, for narrow buildings, the provisions of Section 23-738 shall apply.
- Front setbacks
If the front wall or other portion of a building or other structure is located at the street line or within the initial setback distance set forth in the following table, the height of such front wall or other portion of a building or other structure shall not exceed the maximum height above the street line set forth in the table. Above such specified maximum height and beyond the initial setback distance, the building or other structure shall not penetrate the sky exposure plane set forth in the table, except as otherwise provided in Sections 23-41 (Permitted Obstructions) or 23-737 (Tower regulations).
MAXIMUM HEIGHT OF FRONT WALL AND REQUIRED FRONT SETBACKS
Initial Setback Distance
(in feet)
Maximum Height of a Front Wall or other portion of a Building or Other Structure within the Initial Setback Distance
Sky Exposure Plane
Height above Street Line (in feet)
Slope over Zoning Lot (expressed as a ratio of vertical distance to horizontal distance)
On Narrow Street
On Wide Street
On Narrow Street
On Wide Street
Vertical Distance
Horizontal Distance
Vertical Distance
Horizontal Distance
R6 or R7 Districts
20
15
60 feet or six stories, whichever is less
60
2.7
to 1
5.6
to 1
R8 R9 or R10 Districts
20
15
85 feet or nine stories, whichever is less
85
2.7
to 1
5.6
to 1
- Alternate front setbacks
If an open area is provided along the entire length of the front lot line with the minimum depth set forth in the table in this Section, the provisions of this Section may apply in lieu of the provisions of paragraph (a) of this Section. The building or other structure shall not penetrate the sky exposure plane set forth in the table, except as otherwise provided in Sections 23-41 (Permitted Obstructions) or 23-737 (Tower regulations).
In R9 or R10 Districts, the provisions of this paragraph shall be inapplicable to any development or enlargement with more than 25 percent of the total floor area of the building in residential use.ALTERNATE REQUIRED FRONT SETBACKS
Depth of Optional Front Open Area (in feet, measured perpendicular to street line)
Alternate Sky Exposure Plane
Height above Street Line (in feet)
Slope over Zoning Lot (expressed as a ratio of vertical distance to horizontal distance)
On Narrow Street
On Wide Street
On Narrow Street
On Wide Street
Vertical Distance
Horizontal Distance
Vertical Distance
Horizontal Distance
R6 or R7 Districts
15
10
60
3.7
to 1
7.6
to 1
R8 R9 or R10 Districts
15
10
85
3.7
to 1
7.6
to 1
Tower regulations
In R9 or R10 Districts, for buildings that do not meet the criteria set forth in paragraphs (b)(1) and (b)(2) of Section 23-441, a tower may penetrate a sky exposure plane provided that such tower:
- does not occupy more than 40 percent of the lot area of a zoning lot for zoning lots with a lot area greater than 20,000 square feet, or more than 50 percent of the lot area for all other zoning lots; and
- is set back at least 10 feet from a street line along a wide street and at least 15 feet from a street line along a narrow street.
However, the provisions of this Section shall not apply to any building located wholly or partly in a Residence District, that is within 100 feet of a public park with an area of one acre or more, or a street line opposite such a public park.
R7-2 R8 R9 R10
In the districts indicated, portions of buildings with street walls less than 45 feet in width shall not be permitted above the following heights:
- For interior lots, and for through lots, which shall be treated as two separate interior lots of equal depth for the purposes of determining the height limitations of this Section, a height equal to the width of the street on which such street walls front or 100 feet, whichever is less;
- For corner lots bounded by only narrow streets, a height equal to the width of the narrowest of such streets on which such street walls front;
- For corner lots bounded by at least one wide street, a height equal to the width of the widest street on which it fronts, or 100 feet, whichever is less;
- The heights permitted in paragraphs (a), (b) or (c) of this Section may be exceeded if:
- on a wide street, such portion of a building with a street wall less than 45 feet in width abuts an existing building with a street wall that exceeds such permitted heights. Such new street walls may reach the height of such abutting building or, where there are two abutting buildings that exceed such heights, such new street wall may reach the height of the tallest of such abutting buildings; or
- on a narrow street, such street walls abut two existing buildings with street walls that both exceed the heights permitted. Such new street walls may reach the height of the lowest of such abutting buildings; and
- such new street walls shall be fully contiguous at every level with such abutting street walls.
- In addition, the following rules shall apply:
- The front height and setback regulations and any height limitations of the underlying district shall apply, except that the alternate front setback regulations of paragraph (b) of Section 23-736 and the tower regulations of Section 23-737 shall not apply. In the event of a conflict between the underlying regulations and the regulations of this Section, the more restrictive shall apply.
- The provisions of this Section shall not apply to street walls of permitted obstructions or street walls located beyond 100 feet of a street line.
- For the purposes of determining the width of a street wall:
- the width shall be the sum of the maximum widths of all street walls of a building at every level. The width of a street wall shall be the length of the street line from which, when viewed directly from above, lines perpendicular to the street line may be drawn to such street wall; and
- abutting buildings on a single zoning lot may be considered a single building.
- For buildings with street walls less than 45 feet in width that front only on a narrow street and abut two existing buildings, the street wall of such building shall be no closer to the street line than the street wall of the abutting building that is closest to the street line.
- On a through lot containing buildings with street walls less than 45 feet in width, the alternative location provisions for rear yard equivalents set forth in Section 23-735 (Special yard, court and other area regulations) shall not apply.