“Abut” is to be in contact with or join at the edge or border. “Abutting” buildings are buildings that are in contact with one another on the same or another zoning lot, except as subject to separations required for seismic load as set forth in the New York City Building Code. A building may also abut a lot line. In addition, for buildings existing prior to February 2, 2011, such existing building shall be considered abutting if it is within six inches of a lot line or another building.

An "accessory use":

1. is a use conducted on the same zoning lot as the principal use to which it is related (whether located within the same or an accessory building or other structure, or as an accessory use of land), except that, where specifically provided in the applicable district regulations or elsewhere in this Resolution, accessory docks, off-street parking or off-street loading need not be located on the same zoning lot; and
2. is a use which is clearly incidental to, and customarily found in connection with, such principal use; and
3. is either in the same ownership as such principal use, or is operated and maintained on the same zoning lot substantially for the benefit or convenience of the owners, occupants, employees, customers, or visitors of such principal use.

When "accessory" is used in the text, it shall have the same meaning as accessory use.

An accessory use includes, but is not limited to:

(1)        Living or sleeping accommodations for servants in connection with a use listed in Use Group I;

(2)        Living or sleeping accommodations for caretakers in connection with any use listed in other Use Groups, provided that:

(i)        no building contains more than one living or sleeping accommodation for caretakers;

(ii)        no such living or sleeping accommodation shall exceed 1,200 square feet of floor area;

(iii)        the owner shall sign a Restrictive Declaration that any such caretaker will provide maintenance and/or repair services, and containing a list of services to be performed by such caretaker. Such Restrictive Declaration shall be recorded in the Office of the City Register, or, where applicable, the County Clerk's Office, of the county where the building is located. A copy of such declaration shall be provided to the Department of Buildings;

(iv)        in C6-2M, C6-4M, M1-5M, M1-6M and M1-5B Districts, no living or sleeping accommodation for caretakers is permitted in any building which contains a residential use or a joint living-work quarters for artists; and

(v)        such living or sleeping accommodation shall not be considered a residential use or cause a building to be considered a mixed building.

(3)        Living or sleeping accommodations in connection with commercial or manufacturing uses, including living or sleeping accommodations in connection with a studio listed in Use Group VIII, provided that:

(i)        no building contains more than two kitchens; and

(ii)        no such living or sleeping accommodations are located in a C7, C8 or Manufacturing District.

(4)        Keeping of domestic animals, but not for sale or hire. A commercial stable or kennel is not an accessory use.

(5)        Swimming pools not located within a building listed in Use Group II, provided that:

(i)        the use of such pools shall be restricted to occupants of the principal use and guests for whom no admission or membership fees are charged;

(ii)        if accessory to a use listed in Use Group II, except if such use is a single-family or two-family residence, the edge of the pool shall be located not less than 100 feet from any lot line;

(iii)        if accessory to a use listed in Use Group 1 or Use Group II, which use is a single-family residence or two-family residence, the edge of the pool shall be located not less than five feet from any lot line, except that such minimum distance between the edge of the pool and any side lot line may be not less than three feet in the case of lots less than 25 feet in width, providing that it is screened from adjoining lots by a six foot high continuous solid opaque fence along the side lot line adjacent to such pool. In the event that such pool is located between 50 and five feet from any rear lot line or side lot line, it shall be screened by a continuous fence supplemented with a strip of densely planted trees or shrubs at least four feet high at the time of planting along such rear lot line to such pool; and

(iv)        illumination of such pools shall be limited to underwater lighting.

Swimming pool clubs are not accessory uses.

(6)        Domestic or agricultural storage in a barn, shed, tool room, or similar building or other structure.

(7)        Home occupations.

(8)        A newsstand primarily for the convenience of the occupants of a building, which is located wholly within such building and has no exterior signs or displays.

(9)        Incinerators.

(10)        In connection with commercial or manufacturing uses, the storage of goods normally carried in stock, used in, or produced by such uses, unless the storage is expressly prohibited under the applicable district regulation. The floor area used for such accessory storage shall be included in the maximum floor area permitted for specified uses set forth in the Use Groups.

(11)        Incidental repairs, unless expressly prohibited under the applicable district regulations. The floor area used for such accessory repairs shall be included in the maximum floor area permitted for specified uses set forth in the Use Groups.

(12)        The removal for sale of sod, loam, clay, sand, gravel or stone in connection with the construction of a building or other structure on the same zoning lot, or in connection with the regrading of a zoning lot, but in the latter case, not below the legal street grade.

(13)        Accessory off-street parking spaces.

(14)        Accessory off-street loading berths.

(15)        Accessory signs.

(16)        Accessory radio or television towers.

(17)        Accessory activities when conducted underground as part of the operation of railroad passenger terminals, such as switching, storage, maintenance or servicing of trains.

(18)        Accessory sewage disposal plants, except such plants serving more than 50 dwelling units.

(19)        An ambulance outpost operated by or under contract with a government agency or a public benefit corporation and located either on the same zoning lot as, or on a zoning lot adjacent to, a zoning lot occupied by a fire or police station.

(20)        Composting, without prohibition on the sale of compost to customers, or on the acceptance of organic material produced on another zoning lot.

(21)        Accessory mechanical equipment, including equipment serving the following building systems:

(i)           mechanical, electrical, or plumbing systems;

(ii)          fire protection systems;

(iii)         power systems, including, energy generation systems such as solar or wind energy systems and generators; and

(iv)          energy storage systems, where the amount of energy being stored shall not exceed 24 hours of the electrical load generated at peak demand by the principal use on the zoning lot. Where a zoning lot contains multiple uses, such calculation may be applied to the total demand of all the uses such power system is accessory to.

Accessory mechanical equipment shall be subject to the provisions of Sections 26-60 (SPECIAL SCREENING AND ENCLOSURE PROVISIONS), or 37-20, as applicable.

(1)        Adult Establishment: An "adult establishment" is a commercial establishment which is or includes an adult book store, adult eating or drinking establishment, adult theater, or other adult commercial establishment, or any combination thereof, as defined below:

(a)        An adult book store is a book store that offers "printed or visual material" for sale or rent to customers where a "substantial portion" of its stock-in-trade of "printed or visual material" consists of "adult printed or visual material," defined as "printed or visual material" characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas";

(b)        An adult eating or drinking establishment is an eating or drinking establishment which regularly features in any portion of such establishment any one or more of the following:

(1)        live performances which are characterized by an emphasis on "specified anatomical areas" or "specified sexual activities"; or

(2)        films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

(3)        employees who, as part of their employment, regularly expose to patrons "specified anatomical areas"; and

which is not customarily open to the general public during such features because it excludes or restricts minors.

(c)        An adult theater is a commercial establishment which regularly features one or more of the following:

(1)        films, motion pictures, videocassettes, slides or similar photographic reproductions characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

(2)        live performances characterized by an emphasis on "specified anatomical areas" or "specified sexual activities"; and

which is not customarily open to the general public during such features because it excludes or restricts minors.

An adult theater shall include commercial establishments where such materials or performances are viewed from one or more individual enclosures.

(d)        An other adult commercial establishment is a facility -- other than an adult book store, adult eating or drinking establishment, adult theater, commercial studio, or business or trade school -- which features employees who as part of their employment, regularly expose to patrons "specified anatomical areas" and which is not customarily open to the general public during such features because it excludes or restricts minors.

(2)        Defined Terms:

(a)        For purposes of paragraph (1)(a), "printed or visual materials" are books, magazines, or other printed matter, including product packaging or wrapping, or photographs, films, motion pictures, video cassettes, slides or other visual matter;

(b)        For purposes of paragraph (1)(a), (b) and (c), "specified sexual activities" are: (i) human genitals in a state of sexual stimulation or arousal; (ii) actual or simulated acts of human masturbation, sexual intercourse or sodomy; or (iii) fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast.

(c)        For purposes of paragraph (1)(a), (b), (c) and (d), "specified anatomical areas" are: (i) less than completely and opaquely concealed: (aa) human genitals, pubic region, (bb) human buttock, anus, or (cc) female breast below a point immediately above the top of the areola; or (ii) human male genitals in a discernibly turgid state, even if completely and opaquely concealed.

(d)        For the purpose of determining under paragraph (1)(a) whether a "substantial portion" of a book store’s stock-in-trade of "printed or visual" material consists of "adult printed or visual material”, the following factors shall be considered: (i) the amount of stock of "adult printed or visual material" accessible to customers as compared to the total stock of "printed or visual material" accessible to customers in the establishment; and (ii) the amount of floor area and cellar space accessible to customers containing stock of "adult printed or visual material"; and (iii) the amount of floor area and cellar space accessible to customers containing stock of “adult printed or visual material" as compared to the amount of floor area and cellar space accessible to customers containing "printed or visual material" which is not "adult printed or visual material," provided that "printed or visual material" which is not "adult printed or visual material" (hereinafter for purposes of this paragraph "other printed or visual material") shall not be considered stock-in-trade for purposes of this paragraph where such store has one or more of the following features:

(aa)        An interior configuration and layout which requires customers to pass through an area of the store with "adult printed or visual material" in order to access an area of the store with "other printed or visual material;"

(bb)        One or more individual enclosures where adult movies or live performances are available for viewing by customers;

(cc)        A method of operation which requires customer transactions with respect to "other printed or visual material" to be made in an area of the store which includes "adult printed or visual material;"

(dd)        A method of operation under which "other printed or visual material" is offered for sale only and "adult printed or visual material" is offered for sale or rental;

(ee)        A greater number of different titles of "adult printed or visual material" than the number of different titles of "other printed or visual material";

(ff)        A method of operation which excludes or restricts minors from the store as a whole or from any section of the store with "other printed or visual material;"

(gg)        A sign that advertises the availability of "adult printed or visual material" which is disproportionate in size relative to a sign that advertises the availability of "other printed or visual material," when compared with the proportions of “adult” and other “printed or visual materials” offered for sale or rent in the store, or the proportions of floor area or cellar space accessible to customers containing stock of “adult” and “other printed or visual materials”;

(hh)        A window display in which the number of products or area of display of "adult printed or visual material" is disproportionate in size relative to the number of products or area of display of "other printed or visual material," when compared with the proportions of adult and “other printed or visual materials” offered for sale or rent in the store, or the proportions of floor area or cellar space accessible to customers containing stock of “adult” and “other printed or visual materials”;

(ii)        Other features relating to configuration and layout or method of operation, as set forth in rules adopted by the Commissioner of Buildings, which the Commissioner has determined render the sale or rental of "adult printed or visual material" a substantial purpose of the business conducted in such store. Such rules shall provide for the scheduled implementation of the terms thereof to commercial establishments in existence as of October 31, 2001, as necessary.

(e)        For the purposes of paragraph (1)(b), an "eating or drinking establishment" includes:

(i)        any portion of a commercial establishment within which food or beverages are offered for purchase, or are available to or are consumed by customers or patrons; and

(ii)        any portion of a commercial establishment from which a portion of a commercial establishment, described in paragraph (e)(i) of this Section, is accessible by customers or patrons.

see sign, advertising

An “affordable independent residence for seniors” is a building or portion thereof, containing residences, in which at least 90 percent of the dwelling units allocated to affordable independent residences for seniors are each occupied by at least one person who is 62 years of age or over; where, except for a super’s unit, all of the dwelling units allocated to affordable independent residences for seniors are income-restricted housing units for households with incomes at or below 80 percent of the income index and used for class A occupancy as defined in the New York State Multiple Dwelling Law. For the purposes of this definition, “super’s unit” and “income index” shall be as defined in Section 23-911 (General definitions).

An affordable independent residence for seniors may consist of one or more buildings on the same or contiguous zoning lots, or on lots which would be contiguous but for their separation by a street, and shall contain related accessory social and welfare facilities primarily for residents, such as cafeterias or dining halls, community rooms, workshops and other essential service facilities, which may also be made available to the community. Floor space in an amount not less than four percent of the total floor area of such affordable independent residence for seniors shall be allocated to such accessory facilities. Such floor space may occupy floor area or cellar space, and may include indoor recreation space provided in accordance with Section 28-21 (Required Recreation Space) for Quality Housing buildings. In no event shall the floor space occupied by lobbies, passageways, storage space or other spaces normally provided in residential buildings be attributed to the floor area of the accessory social and welfare facilities.

An affordable independent residence for seniors shall also include a building used, enlarged or developed prior to March 22, 2016, as a “non-profit residence for the elderly”.

Any temporary or final certificate of occupancy issued after March 22, 2016, for a building or portion thereof to be used as an affordable independent residence for seniors shall state that such building or portion thereof shall be used as an affordable independent residence for seniors, notwithstanding the fact that a legally binding restriction on household income for income-restricted housing units may have expired and shall state that such certificate of occupancy may be amended or superseded to reflect that the building or portion thereof may be used other than as an affordable independent residence for seniors only in accordance with the provisions of this Zoning Resolution.

The "aggregate width of street walls" at any given level is the sum of the maximum widths of all street walls of a building that are within 50 feet of a street line. The width of a street wall is 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.

AGGREGATE WIDTH OF STREET WALLS

"Incidental alterations" are:

(a)        Changes or replacements in the non-structural parts of a building or other structure, without limitation to the following examples:

(1)        alteration of interior partitions to improve livability in a non-conforming residential building, provided that no additional dwelling units are created thereby;

(2)        a minor addition on the exterior of a residential building, such as an open porch;

(3)        alteration of interior non-load-bearing partitions in all other types of buildings or other structures;

(4)        replacement of, or minor changes in, the capacity of utility pipes, ducts or conduits; or

(b)        Changes or replacements in the structural parts of a building or other structure, limited to the following examples or others of similar character or extent:

(1)        making windows or doors in exterior walls;

(2)        replacement of building facades;

(3)        strengthening the load-bearing capacity, in not more than 10 percent of the total floor area, to permit the accommodation of a specialized unit of machinery or equipment. To "alter incidentally" is to make an incidental alteration.

An “amusement or recreation facility” is any establishment providing recreational or amusement activities found in North American Industry Classification System (NAICS) industry codes 71312 (Amusement Arcades), 71394 (Fitness and Recreational Sports Centers) or 71399 (All Other Amusement and Recreation Industries). However, an amusement or recreation facility shall not include establishments listed in the definitions of health and fitness establishments or select entertainment facilities. In no event shall an amusement or recreation facility include establishments listed in NAICS industry code 71311 (Amusement and Theme Parks).

see hotel, apartment

An "arcade" is a continuous covered space fronting on and open to a street or publicly accessible open area, provided in accordance with the provisions set forth in Section 37-80.

An "artist" is a person so certified by the New York City Department of Cultural Affairs.

A building shall be considered “attached” when it abuts two lot lines other than a street line, or another building or buildings other than a semi-detached building.

An “automated parking facility” shall refer to an accessory off-street parking facility or public parking garage where vehicular storage and retrieval within such facility is accomplished entirely through a mechanical conveyance system. A parking facility with parking lift systems that require an attendant to maneuver a vehicle that is to be parked shall not be considered an automated parking facility.

An "automotive service station" is a building or other structure or an open use on a zoning lot, or portion thereof, used exclusively for the storage and sale of fuels for motor vehicles, and for any uses accessory thereto.

The sale of lubricants, accessories, or supplies, the lubrication of motor vehicles, the minor adjustment or repair of motor vehicles with hand tools only, or the occasional washing of motor vehicles, or electric vehicle charging, are permitted accessory uses.

A public parking lot or public parking garage is not a permitted accessory use.

The "base plane" is a plane from which the height of a building or other structure is measured as specified in certain Sections. For buildings, portions of buildings with street walls at least 15 feet in width, or building segments within 100 feet of a street line, the level of the base plane is any level between curb level and street wall line level. Beyond 100 feet of a street line, the level of the base plane is the average elevation of the final grade adjoining the building or building segment, determined in the manner prescribed by the New York City Building Code for adjoining grade elevation. For the purposes of this definition, abutting buildings on a single zoning lot may be considered a single building. In addition, the following regulations shall apply:

(a)        Within 100 feet of a street line:

(1)        The level of the base plane for a building or building segment without a street wall shall be determined by the average elevation of the final grade adjoining such building or building segment.

(2)        Where a base plane other than curb level is established, the average elevation of the final grade adjoining the street wall of the building or building segment, excluding the entrance to a garage within the street wall, shall not be lower than the level of the base plane.

(3)        Where the average elevation of the final grade adjoining the street wall of the building, excluding the entrance to a garage within the street wall, is more than two feet below curb level, the level of the base plane shall be the elevation of such final grade. This paragraph shall not apply to buildings developed before June 30, 1989, in R2X, R3, R4 or R5 Districts. Furthermore, this paragraph shall not apply to buildings in C1 or C2 Districts mapped within R2X, R3, R4 or R5 Districts, or in C3 or C4-1 Districts, unless such buildings are located on waterfront blocks.

(4)        As an option, on sites which slope from the street wall line level to the rear wall line level by at least five percent to the horizontal, the level of the base plane may extend in a sloping plane from such street wall line level to such rear wall line level. When a sloping base plane is thus established, the average elevation of the final grade at the rear wall line shall not be lower than the rear wall line level.

(b)        For all buildings, where base planes of different elevations apply to different portions of a building, only that portion of the building to which such base plane applies may be used to determine such base plane.

(c)        For buildings located partially within and partially beyond 100 feet of a street line, or where corner lot or through lot regulations subject different portions of a building to base planes of different elevations, separate base planes may be determined for each such portion of the building or, as an option, the elevation of each such base plane may be multiplied by the percentage of the total lot coverage of the building to which such base plane applies. The sum of the products thus obtained may be the elevation of the adjusted base plane applicable to such building.

A "basement", except where a base plane is used to determine building height, is a story (or portion of a story) partly below curb level, with at least one-half of its height (measured from floor to ceiling) above curb level. On through lots, the curb level nearest to a story (or portion of a story) shall be used to determine whether such story (or portion of a story) is a basement.

Where a base plane is used to determine building height, a basement is a story (or portion of a story) partly below the base plane, with at least one-half its height (measured from floor to ceiling) above the base plane.

In addition, the following rules shall apply:

(a)        When a sloping base plane is established, a basement is a story (or portion of a story) partly below the street wall line level, with at least one-half its height (measured from floor to ceiling) above the street wall line level used to establish such base plane. On through lots, the street wall line level nearest to a story shall be used to determine whether such story or portion of a story is a basement.

(b)        All of the floor space with at least one-half its height (measured from floor to ceiling) above curb level shall be considered to be a basement where, subsequent to December 5, 1990, the level of any yard except that portion of a yard in front of the entrance to a garage on a zoning lot is lowered below the level of the base plane.

A "block" is a tract of land bounded by:

(a)        streets;

(b)        public parks;

(c)        railroad rights-of-way, when located at or above ground level but not including sidings or spurs in the same ownership as the zoning lot;

(d)        airport boundaries;

(e)        pierhead lines (or shore lines where no pierhead lines have been established); or

(f)        corporate boundary lines of New York City.

A "building" is any structure which:

(a)        is located within the lot lines of a zoning lot;

(b)        is permanently affixed to the land;

(c)        has one or more floors and a roof;

(d)        is bounded by open area or fire walls;

(e)        has at least one primary entrance;

(f)        provides all the vertical circulation and exit systems required for such building by the New York City Building Code without reliance on other buildings, including required stairs and elevators; and

(g)        contains all the fire protection systems required for such building by the New York City Building Code without reliance on other buildings, including fire suppression or fire alarm systems.

The provisions of this Resolution that use the term building shall apply to any structure existing prior to February 2, 2011, that complies with paragraphs (a) through (e) of this definition.

A building shall not include such structures as billboards, fences, or radio towers, or structures with interior surfaces not normally accessible for human use, such as gas tanks, smoke stacks or similar structures.

A building may, for example, consist of a detached single-family residence, an attached townhouse on an individual zoning lot, an attached townhouse separated by fire walls from abutting townhouses on a shared zoning lot, a group of townhouses not separated by fire walls or lot lines, an apartment house, an office building or a factory.

see designed for residential use

A "building or other structure" includes any building or any other structure of any kind.

A "building segment" is a portion of a building where such building consists of two or more contiguous portions, each comprised of one or more dwelling units having a separate residential entrance or entrances serving only those dwelling units within such portion. Building segments may share a common cellar or parking facility. However, a building segment may not be located above another building segment.

"Bulk" is the term used to describe the size of buildings or other structures, and their relationships to each other and to open areas and lot lines, and therefore includes:

(a)        the size (including height and floor area) of buildings or other structures;

(b)        the area of the zoning lot upon which a building is located, and the number of dwelling units or rooming units within a building in relation to the area of the zoning lot;

(c)        the shape of buildings or other structures;

(d)        the location of exterior walls of buildings or other structures in relation to lot lines, to other walls of the same building, to legally required windows, or to other buildings or other structures; and

(e)        all open areas relating to buildings or other structures and their relationship thereto.

A “car sharing vehicle” is a vehicle maintained and owned or leased by a car sharing organization which is available for use by its members. Membership shall mean that individuals have been pre-approved to use such vehicles and need not be approved by the car sharing organization at the time of proposed use. Membership must be open to the public and shall only be denied based upon driving record, credit record or other legitimate business need of the car sharing organization. Vehicles must be made available to members for periods of use as short as one hour. The car sharing organization must provide all legally required insurance as part of the membership.

Vehicles shall be reserved by members through a self-service reservation system which is available at all times. A car sharing vehicle shall be located in a parking facility that is accessible to members of the car sharing organization at all times. No employees or agents of the car sharing organization shall provide services to members or conduct business transactions with members within such parking facility. Attended parking facilities may be serviced by a parking attendant unaffiliated with any car sharing organization. A parking facility containing car sharing vehicles shall be securely separated from all other portions of a building containing residences.

A car sharing vehicle shall be no more than 216 inches in length and shall bear a decal that provides the name of the car sharing organization. The decal must be clearly visible from the outside of the car sharing vehicle and must be either:

(a)        located on the driver’s side door or passenger’s side door of the car sharing vehicle and at least 30 square inches in area; or

(b)        located in the lower left corner of the rear windshield of the car sharing vehicle.

The decal shall be at least one square inch in area and contain the letters “CSV” in lettering at least 11/32 of an inch in height and the name of the car sharing organization in lettering at least 5/32 of an inch in height. All lettering shall be fully opaque and shall highly contrast with the background color of the decal.

All car sharing vehicles shall bear a decal pursuant to the provisions of paragraph (a) or (b) of this Section within 60 days of September 29, 2010.

A "cellar," except where a base plane is used to determine building height, is a space wholly or partly below curb level, with more than one-half its height (measured from floor to ceiling) below curb level. On through lots, the curb level nearest to such space shall be used to determine whether such space is a cellar.

Where a base plane is used to determine building height, a cellar is a space wholly or partly below the base plane, with more than one-half its height (measured from floor to ceiling) below the base plane.

In addition, the following rules shall apply:

(a)        When a sloping base plane is established, a cellar is a space wholly or partly below the street wall line level, with more than one-half its height (measured from floor to ceiling) below the street wall line level used to establish such base plane. On through lots, the street wall line level nearest to such space shall be used to determine whether such space is a cellar.

(b)        All of the floor space with at least one-half its height (measured from floor to ceiling) above curb level shall be considered to be a basement where, subsequent to December 5, 1990, the level of any yard except that portion of a yard in front of the entrance to a garage on a zoning lot is lowered below the level of the base plane.

A “commercial” use is any use listed in the following use groups, depending on the district type:

A “commercial building” is a building used only for a commercial use.

C1 or C2 Districts mapped within Residence Districts are Commercial Districts and subject to the regulations of Article III. 

A “Commercial District” includes any district whose designation begins with the letter “C.”

For example, a “C4 District” includes any district whose designation begins with the symbol “C4.”

C1 or C2 Districts mapped within Residence Districts are Commercial Districts and subject to the regulations of Article III. 

A "community facility” use is any use listed in the following Use Groups, depending on the district type:

A "community facility building" is a building used only for a community facility use.

A "completely enclosed" building is a building separated on all sides from the adjacent open area, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows or entrances or exit doors normally provided for the accommodation of persons, goods or vehicles.

A “conversion” is a change of use between the following categories of uses: residential, community facility, commercial and manufacturing. Therefore, the change of use within one category is not a conversion. However, a conversion shall also include any alteration within the residential portion of an existing building that increases the number of rooming units in a building, or the number of dwelling units in a building.

To "convert" is to create a conversion.

see lot, corner

A "court" is either an inner court or an outer court.

An "inner court recess" is any portion of an inner court which can not be included within the single largest horizontal rectangle which may be inscribed within such inner court.

INNER COURT RECESS

An "outer court recess" is any portion of an outer court which, when viewed directly from above, cannot be covered by imaginary lines drawn perpendicular to a line drawn across the outer court opening.

OUTER COURT RECESS

The "depth of outer court" is the maximum horizontal distance between the opening of an outer court and the wall opposite such opening, measured perpendicular to the direction of the outer court opening. The opening of an outer court shall be considered the shortest imaginary line which can be drawn between any intersection of a court wall with another wall, and the opposite court wall.

An "inner court" is any open area, other than a yard or portion thereof, which is unobstructed from its lowest level to the sky and which is bounded by either:

(a)        building walls; or

(b)        building walls and one or more lot lines other than a front lot line; or

(c)        building walls, except for one opening on any open area along a side lot line or rear lot line which has a width of less than 30 feet at any point.

An "outer court" is any open area, other than a yard or portion thereof, which is unobstructed from its lowest level to the sky and which, except for one opening upon:

(a)        a front lot line;

(b)        a front yard;

(c)        a rear yard; or

(d)        any open area along a rear lot line, or along a side lot line having a width or depth of at least 30 feet, and which open area extends along the entire length of such rear or side lot line; and

is bounded by either building walls, or building walls and one or more lot lines other than a front lot line.

The "width of outer court" is the minimum horizontal dimension of an outer court, excluding an outer court recess, measured parallel to the opening of such outer court.

A "covered pedestrian space" is an enclosed space for public use on a zoning lot, permitted by a special permit of the City Planning Commission pursuant to Section 74-87, et seq.

"Curb level" is the mean level of the curb adjoining a zoning lot. On corner lots, curb level is the average of the mean levels of the adjoining curbs on intersecting streets, except that, for the purpose of regulating and determining the level of yards, or other open areas on corner lots, the curb level is the highest of the mean levels of the curbs on the intersecting streets. Where through lot regulations are applicable to any portion of a corner lot, or for any through lot, the height and setback regulations based upon curb level shall apply separately on each street on which such through lot portion or through lot fronts. On a through lot, for purposes of establishing the level of a rear yard equivalent, except when adjoining and extending along the full length of the street line, the curb level shall be the mean of the levels of the curbs on those portions of the streets on which such through lot fronts. Where on a through lot such rear yard equivalent is adjoining and extending along the full length of the street line, the height of the rear yard equivalent shall be the curb level of the adjoining street. Where through lot regulations and interior lot regulations are applicable to portions of a zoning lot, for purposes of establishing the level of the rear yard equivalent or rear yard, curb level shall be the mean of the levels of the curbs on that portion of each street on which such portions of the zoning lot front.

For the purposes of determining a base plane, "curb level" is the mean level at that portion of the curb adjoining a zoning lot from which, when viewed directly from above, lines perpendicular to the curb may be drawn to a street wall. On corner lots, curb level is the average of the mean levels of such portions of the curbs on intersecting streets. On through lots, curb level is determined separately for each street frontage to a distance midway between such streets.

see court, depth of outer

A “designated recovery area” shall be an area which experienced physical or non-physical impacts from a severe disaster, in accordance with recovery plans, as applicable.

A building "designed for residential use" is a building, which was originally designed for residential use and in which at least 25 percent of the floor area is occupied for residential use.

A "detached" building is a building surrounded by yards or other open area on the same zoning lot.

A "development,” on a zoning lot or a portion thereof, includes:

(a)         the construction of a new building or other structure;

(b)        the relocation of an existing building or other structure to another zoning lot; or

(c)        the establishment of a new open use, other than an accessory use.

The alteration of a building or a portion thereof to the extent specified in Section 11-23 (Demolition and Replacement) shall be considered a development for the purposes of the provisions set forth therein.

To "develop" is to create a development.

A "dwelling unit" contains at least one room in a residential building, residential portion of a building, or non-profit hospital staff dwelling, and is arranged, designed, used or intended for use by one or more persons living together and maintaining a common household, and which dwelling unit includes lawful cooking space and lawful sanitary facilities reserved for the occupants thereof.

“Energy infrastructure equipment” shall include renewable energy generation systems, such as solar or wind energy systems, and energy storage systems, such as fuel cells and batteries, which are essential throughout all districts in order to support the acceleration towards a distributed energy grid with electricity from fully renewable sources.

Energy infrastructure equipment shall refer to equipment that is a principal use on a zoning lot. Where such equipment is accessory to another use, it shall be considered accessory mechanical equipment.

Provisions pertaining to energy infrastructure equipment shall apply to all types of renewable energy generation systems, as well as to all types of energy storage systems, unless specific rules are otherwise specified, such as for solar and wind energy systems.

An "enlargement" is an addition to the floor area of an existing building, an increase in the size of any other structure, or an expansion of an existing use, including any uses accessory thereto, to an open portion of a zoning lot not previously used for such use.

To "enlarge" is to make an enlargement.

The “Expanded Transit Zone” shall include:

(a)    the Manhattan Core, as defined in Section 12-10, with the exception of Governors Island and Roosevelt Island;

(b)    the Transit Zone, as defined in Section 12-10; and

(c)    the Long Island City area, as defined in Section 16-02.
 

An "extension" is an increase in the amount of existing floor area used for an existing use, within an existing building.

To "extend" is to make an extension.

A "family" is either:

(a)        a single person occupying a dwelling and maintaining a household, including not more than one "boarder, roomer, or lodger" as defined in the Housing Maintenance Code; or

(b)        two or more persons related by blood or marriage, occupying a dwelling, living together and maintaining a common household, including not more than one such boarder, roomer, or lodger; or

(c)        not more than four unrelated persons occupying a dwelling, living together and maintaining a common household.

A common household shall be deemed to exist if all members thereof have access to all parts of the dwelling.

(a)        A “fire wall” is a fire-resistance-rated smoke-tight wall having protected openings which restricts the spread of fire and extends vertically without offset, continuously from the foundation to or through the roof, and is in accordance with the specifications of the New York City Building Code for fire walls or fire wall separations, as applicable.

(b)        Where a wall constructed prior to February 2, 2011, does not meet the requirements of paragraph (a), but does meet the fire wall specifications of the New York City Building Code pursuant to which it was constructed, such wall shall be considered a fire wall. In the event that such wall either fails to meet such specifications, or no specifications for fire walls existed at the time of its construction, the Commissioner of the Department of Buildings shall determine whether such wall shall be considered a fire wall for the purpose of determining the boundary of a building.

see sign, flashing

The “flood zone” shall include the high-risk flood zone and the moderate-risk flood zone, as defined in Section 64-11 (Definitions) and as indicated on the flood maps

"Floor area" is the sum of the gross areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the center lines of walls separating two buildings. In particular, floor area includes:

(a)        basement space, except as specifically excluded in this definition;

(b)        elevator shafts or stairwells at each floor, except as specifically excluded in this definition;

(c)        floor space in penthouses;

(d)        attic space (whether or not a floor has been laid) providing structural headroom of five feet or more in R2A, R2X, R3, R4 or R5 Districts, eight feet or more in R1 and R2 Districts, other than R2A and R2X Districts, and eight feet or more for single- or two-family residences in R6, R7, R8, R9 and R10 Districts. For buildings with three or more dwelling units in R6, R7, R8, R9 and R10 Districts developed or enlarged prior to February 2, 2011, such attic space providing structural headroom of eight feet or more shall be considered floor area. For buildings with three or more dwelling units in R6, R7, R8, R9 and R10 Districts developed or enlarged after February 2, 2011, any attic space shall be considered floor area;

(e)        floor space in gallerias, interior balconies, mezzanines or bridges;

(f)        floor space in open or roofed bridges, breeze ways or porches, if more than 50 percent of the perimeter of such bridge, breeze way or porch is enclosed, and provided that a parapet not higher than 3 feet, 8 inches, or a railing not less than 50 percent open and not higher than 4 feet, 6 inches, shall not constitute an enclosure;

(g)        any other floor space used for dwelling purposes, no matter where located within a building, when not specifically excluded;

(h)        floor space in accessory buildings, except for floor space used for accessory off-street parking or accessory mechanical equipment;

(i)        floor space used for accessory off-street parking spaces provided in any story after June 30, 1989:

(1)        within detached or semi-detached single- or two-family residences in R1-2A, R2A, R2X, R3, R4 or R5 Districts, except that:

(i)        in R2A Districts, floor area within such residences shall include only floor space in excess of 300 square feet for one such space; and

(ii)        in all R1-2A Districts, and in R3, R4A and R4-1 Districts in lower density growth management areas, floor area within such residences shall include only floor space in excess of 300 square feet for one such space and in excess of 500 square feet for two such spaces;

(2)        within buildings containing residences developed or enlarged pursuant to the optional regulations applicable in a predominantly built-up area;

(3)        in excess of 100 square feet per required space in individual garages within other buildings containing residences (attached buildings, rowhouses or multiple dwellings) in R3-2, R4 or R5 Districts, except that in R3-2 Districts within lower density growth management areas, floor area shall only include floor space in excess of 300 square feet for one such space and in excess of 500 square feet for two such spaces. However, all of the floor space within any story in individual garages shall be considered floor area where, subsequent to June 7, 1989, the level of any yard except that portion of a yard in front of a garage on the zoning lot is lowered below the lower of:

(i)        curb level; or

(ii)        grade existing on June 7, 1989;

(4)        within a group parking facility with five or more required spaces accessory to buildings containing residences in R3, R4 or R5 Districts that is located in a space with a ceiling height that is more than six feet above the base plane, or, if the base plane is a sloping base plane, six feet above the street wall line level used to establish such base plane. On through lots with sloping base planes, the street wall line level closest to a street shall be used to determine whether such space is floor area;

(5)        which is located more than 23 feet above curb level in any other building;

(6)        which is unenclosed and covered by a building or other structure containing residential use for at least 50 percent of such accessory off-street parking space in R2A, R2X, R3, R4 and R5 Districts. Where such accessory off-street parking space is covered by any portion of a building or other structure containing residential use, other than a single- or two-family detached or semi-detached residence in R3-2, R4 or R5 Districts, and not developed or enlarged pursuant to the optional regulations applicable in a predominantly built-up area, such floor area shall include only that portion of the accessory off-street parking space in excess of 100 square feet per required space;

(j)        floor space used for accessory off-street loading berths in excess of 200 percent of the amount required by the applicable district regulations;

(k)        floor space that is not otherwise exempt pursuant to this Section and is, or is made, inaccessible within a building;

(l)        floor space in exterior balconies or in open or roofed terraces if more than 67 percent of the perimeter of such balcony or terrace is enclosed and provided that a parapet not higher than 3 feet, 8 inches, or a railing not less than 50 percent open and not higher than 4 feet, 6 inches, shall not constitute an enclosure. For the purposes of such calculation, exterior building walls on adjoining zoning lots abutting an open or roofed terrace shall not constitute an enclosure. A sun control device that is accessible for purposes other than for maintenance shall be considered a balcony; and

(m)        any other floor space not specifically excluded.

However, the floor area of a building shall not include:

(1)        cellar space, except where such space is used for dwelling purposes. Cellar space used for retailing shall be included for the purpose of calculating requirements for accessory off-street parking spaces, accessory bicycle parking spaces and accessory off-street loading berths;

(2)        elevator or stair bulkheads, accessory water tanks, or cooling towers, except that such exclusions shall not apply in R2A Districts;

(3)        uncovered steps;

(4)        attic space (whether or not a floor has been laid) providing structural headroom of less than five feet in R2A, R2X, R3, R4 or R5 Districts, less than eight feet in R1 and R2 Districts, other than R2A and R2X Districts, and less than eight feet for single- or two-family residences in R6, R7, R8, R9 and R10 Districts. For buildings with three or more dwelling units in R6, R7, R8, R9 and R10 Districts developed or enlarged prior to February 2, 2011, such attic space providing structural headroom of less than eight feet shall not be considered floor area;

(5)        floor space in open or roofed bridges, breeze ways or porches, provided that not more than 50 percent of the perimeter of such bridge, breeze way or porch is enclosed, and provided that a parapet not higher than 3 feet, 8 inches, or a railing not less than 50 percent open and not higher than 4 feet, 6 inches, shall not constitute an enclosure;

(6)        floor space used for accessory off-street parking spaces provided in any story:

(i)        up to 200 square feet per required space existing on June 30, 1989, within buildings containing residences in R3, R4 or R5 Districts, and up to 300 square feet for one required space in R2A Districts. However, for detached or semi-detached single- or two-family residences in all R1-2A Districts and in R3, R4A and R4-1 Districts within lower density growth management areas, floor area shall not include up to 300 square feet for one space and up to 500 square feet for two spaces;

(ii)        up to 100 square feet per required space in individual garages in attached buildings containing residences, rowhouses or multiple dwellings in R3, R4, or R5 Districts, except that in R3-2 Districts within lower density growth management areas, up to 300 square feet for one such space and up to 500 square feet for two such spaces, except for:

(1)        buildings containing residences developed or enlarged after June 30, 1989, pursuant to the optional regulations applicable in a predominantly built-up area; or

(2)        buildings containing residences where, subsequent to June 7, 1989, the level of any yard, except that portion of a yard in front of a garage on the zoning lot is lowered below the lower of curb level or grade existing on June 7, 1989;

(iii)        within an attached building containing residences, building segment or multiple dwelling in R3-2, R4, or R5 Districts if such floor space is within a group parking facility with five or more required spaces that is located in a space with a ceiling height not more than six feet above the base plane, or, if the base plane is a sloping base plane, not more than six feet above the street wall line level used to establish such base plane. On through lots with sloping base planes, the street wall line level closest to a street shall be used to determine whether such space is floor area;

(iv)        located not more than 23 feet above curb level, in any other building, except where such floor space used for accessory parking is contained within a public parking garage;

(v)        in R3-2, R4 and R5 Districts, up to 100 square feet per required space which is unenclosed and covered by a building containing residences other than a single- or two-family detached or semi-detached residence for at least 50 percent of such accessory off-street parking space, except where such residences are or have been developed or enlarged pursuant to the optional regulations applicable in a predominantly built-up area;

(7)        floor space used for accessory off-street loading berths, up to 200 percent of the amount required by the applicable district regulation;

(8)        floor space used for accessory mechanical equipment. Such exclusion shall also include the minimum necessary floor space to provide for necessary maintenance and access to such equipment. For the purposes of calculating floor space used for mechanical equipment, building segments on a single zoning lot may be considered to be separate buildings;

(9)        except in R1-2A, R2A, R2X, R3, R4 and R5 Districts, the lowest story (whether a basement or otherwise) of a residential building, provided that:

(i)        such building contains not more than two stories above such story;

(ii)        such story and the story immediately above it are portions of the same dwelling unit;

(iii        such story is used as a furnace room, utility room, auxiliary recreation room, or for other purposes for which basements are customarily used; and

(iv)        such story has at least one-half its height below the level of the ground along at least one side of such building, or such story contains a garage;

(10)        floor space in exterior balconies or in open or roofed terraces provided that not more than 67 percent of the perimeter of such balcony or terrace is enclosed and provided that a parapet not higher than 3 feet, 8 inches, or a railing not less than 50 percent open and not higher than 4 feet, 6 inches, shall not constitute an enclosure. For the purposes of such calculation, exterior building walls on adjoining zoning lots abutting an open or roofed terrace shall not constitute an enclosure. A sun control device that is accessible for purposes other than for maintenance shall be considered a balcony;

(11)        floor space within stairwells:

(i)        at each floor of buildings containing residences developed or enlarged after April 16, 2008, that are greater than 125 feet in height, provided that:

(1)        such stairwells are located on a story containing residences;

(2)        such stairwells are used as a required means of egress from such residences;

(3)        such stairwells have a minimum width of 44 inches;

(4)        such floor space excluded from floor area shall be limited to a maximum of eight inches of stair and landing width measured along the length of the stairwell enclosure at each floor; and

(5)        where such stairwells serve non-residential uses on any floor, or are located within multi-level dwelling units, the entire floor space within such stairwells on such floors shall count as floor area;

(ii)        at each floor of buildings developed or enlarged after April 28, 2015, that are 420 feet or greater in height, provided that:

(1)        such stairwells serve a space with an occupancy group other than Group R-2, as classified in the New York City Building Code, that is located at or above a height of 420 feet; and

(2)        such floor space excluded from floor area shall be limited to:

(aa)        the 25 percent of stair and landing width required by the New York City Building Code which is provided in addition to the stair and landing widths required by such Code for means of egress; or

(bb)        the one stairwell required by the New York City Building Code which is provided in addition to the stairwells required by such Code for means of egress. For the purposes of this paragraph, such additional stairwell shall include the stair and landings as well as any walls enclosing the stair and landings;

(12)        qualifying exterior wall thickness;

(13)        floor space in a qualifying rooftop greenhouse;

(14)        floor space on a sun control device, where such space is inaccessible other than for maintenance;

(15)        floor space within a fully electrified building or an ultra low energy building, of an amount equivalent to five percent of the floor area located within such building, and exclusive of any floor space otherwise excluded from floor area.

"Floor area ratio" is the total floor area on a zoning lot, divided by the lot area of that zoning lot. If two or more buildings are located on the same zoning lot, the floor area ratio is the sum of their floor areas divided by the lot area. (For example, a zoning lot of 10,000 square feet with a building containing 20,000 square feet of floor area has a floor area ratio of 2.0, and a zoning lot of 20,000 square feet with two buildings containing a total of 40,000 square feet of floor area also has a floor area ratio of 2.0)

see lot line, front

see sky exposure plane

see yard, front

see yard line, front

see yard line, front, level (of)

A “fully electrified building” is a building existing on December 6, 2023 which complies with the requirements of Local Law 154 of 2021, as such requirements would apply to a new building where an application for the approval of construction documents is submitted to the Commissioner of Buildings after July 1, 2027.

A "gambling vessel" is any ferry, sightseeing, excursion, sport fishing or passenger ocean vessel that operates a shipboard gambling business subject to regulation under Title 20-A of the Administrative Code of the City of New York or any successor legislation.

A "group parking facility" is a building or other structure or an open use on a zoning lot or portion thereof used for the storage of motor vehicles, that contains more than one parking space, has access to the street common to all spaces and, if accessory to a residential use, is designed to serve more than one dwelling unit.

A group parking facility shall include, but is not limited to, the following:

(a)        an open parking area;

(b)        parking spaces included within, or on the roof of, a building not primarily used for parking; or

(c)        a building or buildings used primarily for parking, including a group of individual garages.

A group parking facility shall not include in R3, R4 or R5 Districts, individual parking garages within buildings containing residences or individual unenclosed accessory parking spaces adjacent to residences which have access from a street, a private street or a driveway common to all the spaces.

A “health and fitness establishment” is any establishment that is equipped and arranged to provide instruction, services, or activities which improve or affect a person’s physical condition by physical exercise or provide relaxation services.

Health and fitness establishments include, but are not limited to, the following:

1. establishments containing high-intensity uses, including:
   1. gymnasiums where the predominant use of floor space involves the use of exercise equipment or weights; or
   2. gymnasiums and other indoor recreation establishments used for activities, including basketball, martial arts for adults, handball, paddleball, racquetball, squash, tennis, rock climbing, soccer, or volleyball;
2. other establishments used for exercises including aerobics, exercise dance, youth martial arts, Pilates, or yoga studios; and
3. therapeutic or relaxation service establishments including tanning salons, spas, bathhouses, isolation flotation tanks, or meditation facilities.

Establishments containing high-intensity uses listed above are subject to the supplemental use regulations of paragraph (c)(2) of Section 32-163 and of Section 123-33, as applicable.

For “physical culture or health establishments” existing on December 9, 2021, that were allowed pursuant to special permit by the Board of Standards and Appeals, such establishments may continue under the terms and conditions established at approval and may continue after the expiration of such special permit, provided that such establishment is not enlarged, expanded, or otherwise changed in a manner that deviates from the approved establishment.

As an alternative, a “physical culture or health establishment” existing on December 9, 2021, may continue pursuant to the applicable provisions for health and fitness establishments, and may enlarge, expand, or change the range of activities therein, in accordance with the District regulations, provided that any applicable supplemental use regulations are met.
 

The "height factor" of a zoning lot is equal to the total floor area of a building divided by its lot coverage. If two or more buildings are located on the same zoning lot, the height factor is the sum of their floor areas divided by the sum of their lot coverages.

For example, a zoning lot with a residential building containing 60,000 square feet of floor area and a lot coverage of 5,000 square feet has a height factor of 12, and a zoning lot with two residential buildings containing a total of 80,000 square feet of floor area and 10,000 square feet of total lot coverage has a height factor of 8.

In computing a height factor, a fraction of one-half or more may be considered a whole number, and smaller fractions shall be disregarded.

1. A "home occupation" is an accessory use that is a home-based, small-scale business or activity which:
   1. is clearly incidental to or secondary to the residential use of a dwelling unit or rooming unit;
   2. is carried on within a dwelling unit, rooming unit, or accessory building by one or more occupants of such dwelling unit or rooming unit, except that, in connection with the practice of a profession, one person not residing in such dwelling unit or rooming unit may be employed; and
   3. occupies not more than 49 percent of the total floor area of such dwelling unit or rooming unit and in no event more than 1,000 square feet of floor area.
2. In connection with the operation of a home occupation, it shall not be permitted:
   1. to sell articles produced elsewhere than on the premises;
   2. to have exterior displays, or a display of goods visible from the outside;
   3. to store materials or products outside of a principal or accessory building or other structure;
   4. for customers or clients of such home occupation to queue or wait for services outside of the dwelling unit;
   5. to display, in an R1 or R2 District, a nameplate or other sign except as permitted in connection with the practice of a profession;
   6. to make external structural alterations which are not customary for residences; or
   7. to produce any danger of fire, explosions, toxic or noxious matter, radiation, or other hazards, or offensive noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, or other objectionable effects.

Permitted home occupations shall not include kennels, animal breeders or veterinary medicine with in-person animal treatment.

An "apartment hotel" is a building or part of a building that is a Class A multiple dwelling as defined in the Multiple Dwelling Law, which:

(a)        has three or more dwelling units or rooming units;

(b)        has one or more common entrances serving all such units; and

(c)        provides one or more of the following services: housekeeping, telephone, desk, or bellhop service, or the furnishing or laundering of linens.

Restaurants, cocktail lounges, or indoor swimming pools are permitted accessory uses, provided that in Residence Districts, such facilities shall be accessible only through the lobby and there shall be no signs except as permitted by the applicable district regulations. Public banquet halls, ballrooms, or meeting rooms are not permitted accessory uses.

A "transient hotel" is a building or part of a building in which:

(a)        living or sleeping accommodations are used primarily for transient occupancy, and may be rented on a daily basis;

(b)        one or more common entrances serve all such living or sleeping units; and

(c)        twenty-four hour desk service is provided, in addition to one or more of the following services: housekeeping, telephone, or bellhop service, or the furnishing or laundering of linens.

Permitted accessory uses include restaurants, cocktail lounges, public banquet halls, ballrooms, or meeting rooms.

see sign, illuminated

see alteration, incidental

see Mandatory Inclusionary Housing area

An “Inclusionary Housing designated area” is a specified area in which the Inclusionary Housing Program is applicable, pursuant to the regulations set forth for such areas in Section 23-90 (INCLUSIONARY HOUSING), inclusive. The locations of Inclusionary Housing designated areas are identified in APPENDIX F of this Resolution or in Special Purpose Districts, as applicable.

An “income-restricted housing unit” is a dwelling unit that complies with the definition of “affordable housing unit” set forth in Section 23-911 (General definitions), or any other dwelling unit with a legally binding restriction limiting rents to be affordable to households with incomes at or below 80 percent of the income index, as prescribed by a City, State, or Federal agency, law, regulation, or regulatory agreement, for a period of not less than 30 years. For the purposes of this definition, “income index” shall be as defined in Section 23-911.

Any dwelling unit for which the applicable number of required accessory off-street parking spaces was established pursuant to the provisions of Section 25-25 (Modification of Requirements for Income-Restricted Housing Units, Affordable Independent Residences for Seniors or Other Government-Assisted Dwelling Units) as such Section existed between December 15, 1961, and March 22, 2016, shall be considered an income-restricted housing unit. In addition, dwelling units in public housing developments owned by the New York City Housing Authority for which the applicable number of required accessory off-street parking spaces was established pursuant to the zoning regulations in effect between July 20, 1950, and December 15, 1961, shall be considered income-restricted housing units.

Any temporary or final certificate of occupancy issued after March 22, 2016, for a building or portion thereof containing an income-restricted housing unit shall state that such building or portion thereof contains income-restricted housing units and shall state that such certificate of occupancy may be amended or superseded to reflect that the building or portion thereof may contain other than income-restricted housing units only in accordance with the provisions of the Zoning Resolution.

“Industrial floor space” is floor area or cellar space, excluding mechanical space and common space such as hallways, lobbies or stairways, with a minimum clear height from floor to ceiling of 15 feet, and allocated to referenced commercial or manufacturing uses.

An "initial setback distance" is a horizontal distance measured from a street line into a zoning lot for a depth as set forth in the district regulations.

see court, inner

see court recess, inner

see lot, interior

A "joint living-work quarters for artists" consists of one or more rooms in a non-residential building, on one or more floors, with lawful cooking space and sanitary facilities meeting the requirements of the Housing Maintenance Code, occupied:

(a)        and arranged and designed for use by, and is used by, not more than four non-related artists, or an artist and the artist’s household, and including adequate working space reserved for the artist, or artists residing therein;

(b)        by any household residing therein on September 15, 1986, whose members are all unable to meet the artist certification qualifications of the Department of Cultural Affairs that registers with the Department of Cultural Affairs prior to nine months from January 8, 1987; or

(c)        by any person who is entitled to occupancy by any other provision of law.

Regulations governing joint living-work quarters for artists are set forth in Article I, Chapter 5, Sections 43-17 (Special Provisions for Joint Living-Work Quarters for Artists in M1-5B Districts) and 74-78 (Conversions of Non-residential Floor Area).

"Land with minor improvements" is a tract of land or a zoning lot that:

(a)        does not contain any building or other structure; or

(b)        involves buildings or other structures, or other improvements, located underground or substantially at ground level, with a total assessed valuation, excluding land, of less than $14,500 as of February 2, 2011, as determined from the assessment rolls in effect on the applicable date on which such use is changed, damaged or destroyed, or terminated, in accordance with the provisions of Sections 52-32, 52-52 or 52-72 (Land with Minor Improvements). The Chairperson of the City Planning Commission shall adjust this figure annually. Such adjustment shall occur on August 1 of each calendar year, based on the percentage change in the Consumer Price Index for all urban consumers as defined by the U.S. Bureau of Labor Statistics for the twelve months ended on June 30 of that year.

A "large-scale community facility development" contains one or more buildings on a single zoning lot or two or more zoning lots that are contiguous or would be contiguous but for their separation by a street or a street intersection, used predominantly for community facility uses, and:

(a)        has or will have an area of at least three acres;

(b)        has been or is to be used, developed or enlarged as a unit:

(1)        under single fee ownership or alternate ownership arrangements as set forth in the zoning lot definition in Section 12-10 (DEFINITIONS) for all zoning lots comprising the large-scale community facility development; or

(2)        under single fee, alternate or separate ownership, either:

(i)         pursuant to an urban renewal plan for a designated urban renewal area containing such zoning lots; or

(ii)        through assemblage by any other governmental agency, or its agent, having the power of condemnation; and

(c)        shall be located entirely in a Residence District or in a C1, C2, C3 or C4-1 District.

Such zoning lots may include any land occupied by buildings existing at the time an application is submitted to the City Planning Commission under the provisions of Article VII, Chapter 9, provided that such buildings form an integral part of the large-scale community facility development.

A “large-scale development” is either a large-scale community facility development, a large-scale general development or a large-scale residential development.

A "large-scale general development" contains one or more buildings on a single zoning lot or two or more zoning lots that are contiguous or would be contiguous but for their separation by a street or a street intersection and is not either a large-scale residential development or a large-scale community facility development; and:

(a)        has or will have an area of at least 1.5 acres;

(b)        has been or is to be used, developed or enlarged as a unit:

(1)        under single fee ownership or alternate ownership arrangements as set forth in the zoning lot definition in Section 12-10 (DEFINITIONS) for all zoning lots comprising the large-scale general development; or

(2)        under single fee, alternate or separate ownership, either:

(i)         pursuant to an urban renewal plan for a designated urban renewal area containing such zoning lots; or

(ii)        through assemblage by any other governmental agency, or its agent, having the power of condemnation; and

(c)        shall be located in whole or in part in any Commercial or Manufacturing District, subject to the restrictions of paragraph (a)(1) of Section 74-743 (Special provisions for bulk modification).

Such zoning lots may include any land occupied by buildings existing at the time an application is submitted to the City Planning Commission under the provisions of Article VII, Chapter 4, provided that such buildings form an integral part of the large-scale general development, and provided that there is no bulk distribution from a zoning lot containing such existing buildings. In C5 and C6 Districts, however, a large-scale general development having a minimum lot area of five acres may include a zoning lot that contains an existing building that is not integrally related to the other parts of the large-scale general development, provided that such building covers less than 15 percent of the lot area of the large-scale general development and provided that there is no bulk distribution from a zoning lot containing such existing building.

A "large-scale residential development" contains one or more buildings on a single zoning lot or two or more zoning lots that are contiguous or would be contiguous but for their separation by a street or a street intersection, used predominantly for residential uses and:

(a)        has or will have an area of at least 1.5 acres and a total of at least three principal buildings, or an area of at least three acres and a total of at least 500 dwelling units;

(b)        has been or is to be developed as a unit:

(1)        under single fee ownership or alternate ownership arrangements as set forth in the zoning lot definition in Section 12-10 (DEFINITIONS) for all zoning lots comprising the large-scale residential development; or

(2)        under single fee, alternate or separate ownership, either:

(i)         pursuant to an urban renewal plan for a designated urban renewal area containing such zoning lots; or

(ii)        through assemblage by any other governmental agency, or its agent, having the power of condemnation;

(c)        shall be located entirely in a Residence District or in a C1, C2, C3 or C4-1 District; and

(d)        shall not include any zoning lots occupied by existing buildings to remain; and in staged developments, existing buildings proposed for demolition shall not be permitted to create a temporary non-compliance.

A "legally required window" is a window or portion of a window (including a window either in addition to or as a substitute for mechanical ventilation) which is required by any applicable law or statute to provide light or ventilation to a "living room," as defined in the Housing Maintenance Code.

A "Limited Height District" is a district whose designation begins with the letters "LH," and in which the heights of buildings or other structures are limited in accordance with the provisions of Sections 23-691, 24-591, 33-491 or 43-49 (Limited Height Districts).

Limited Height Districts appear on the zoning maps superimposed upon other districts. Their regulations supplement the regulations of the districts on which they are superimposed.

Limited Height Districts are confined to areas or portions of areas established by the Landmarks Preservation Commission and the Board of Estimate, or its successor, as "Historic Districts" pursuant to Chapter 8-A of the New York City Charter and Chapter 8-A of the New York City Administrative Code.

A "loft dwelling" is a dwelling unit in the Special Tribeca Mixed Use District, in a building designed for non-residential use erected prior to December 15, 1961. Regulations governing loft dwellings are set forth in Sections 111-11 (Residential Use Modification) and 111-40 (REQUIREMENTS FOR LOFT DWELLINGS CONSTRUCTED PRIOR TO OCTOBER 13, 2010).

A “long-term care facility” is a community facility use that has secured appropriate certificate of authority or licensure by the New York State Department of Health and shall include:

(a)        nursing homes or assisted living facilities as defined in the New York State Public Health Law; and

(b)        continuing care retirement communities, consisting of independent living dwelling units in addition to nursing home beds and assisted living facilities as defined in the Public Health Law. Such continuing care retirement communities may be located in one or more buildings on the same or contiguous zoning lots, or on lots which would be contiguous but for their separation by a street. All such continuing care retirement communities shall:

(1)        offer a life care contract that includes unlimited long-term care services along with housing for independent living and residential services and amenities; and

(2)        include fewer independent living dwelling units than the combined number of assisted living dwelling units or rooming units and nursing home beds on such same or contiguous zoning lots, or on lots which would be contiguous but for their separation by a street. For the purposes of this calculation, the number of such assisted living dwelling units or rooming units shall be the number of such units in the State-licensed assisted living facilities or assisted living residences; and the number of such nursing home beds shall be the number of authorized State-licensed nursing home beds, as applicable. For the purposes of this definition, the term “rooming units” shall be as defined in the New York City Housing Maintenance Code.

If a continuing care retirement community does not comply with conditions (1) and (2) above, the independent living dwelling units shall be considered a residential use.

"Lot area" is the area of a zoning lot.

"Lot area per dwelling unit" is that portion of the lot area required for each dwelling unit located on a zoning lot.

"Lot area per room" is that portion of the lot area required for each room located on a zoning lot.

"Lot coverage" is that portion of a zoning lot which, when viewed directly from above, would be covered by a building or any part of a building. However, for purposes of computing a height factor, any portion of such building covered by a roof which qualifies as open space, or any terrace, balcony, breeze way, or porch or portion thereof not included in the floor area of a building, shall not be included in lot coverage.

For example, a zoning lot of 20,000 square feet consists of one portion, 100 feet by 100 feet, as a corner lot portion, and another portion, 100 feet by 100 feet, as an interior lot portion. In a district that allows 70 percent coverage of the interior lot portion, that portion can have a lot coverage of 7,000 square feet, while the corner lot portion which is allowed 100 percent coverage can have a lot coverage of 10,000 square feet.

When a height factor is not computed for a residential building or residential portion of a building, obstructions permitted pursuant to Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) shall not be included in lot coverage, except that the portion of any balcony which does not project from the face of the building shall be counted as lot coverage.

"Lot depth" is the mean horizontal distance between the front lot line and rear lot line of a zoning lot. In the case of a corner lot, the lot depth is the greater of the mean horizontal distances between the front lot lines and the respective side lot line opposite each.

 A "lot line" is a boundary of a zoning lot.

A "front lot line" is a street line.

A "rear lot line" is any lot line of a zoning lot except a front lot line, which is parallel or within 45 degrees of being parallel to, and does not intersect, any street line bounding such zoning lot.

A "side lot line" is any lot line which is not a front lot line or a rear lot line.

"Lot width" is the mean horizontal distance between the side lot lines of a zoning lot.

A "corner lot" is either a zoning lot bounded entirely by streets, or a zoning lot which adjoins the point of intersections of two or more streets and in which the interior angle formed by the extensions of the street lines in the directions which they take at their intersections with lot lines other than street lines, forms an angle of 135 degrees or less. In the event that any street line is a curve at its point of intersection with a lot line other than a street line, the tangent to the curve at that point shall be considered the direction of the street line. The portion of such zoning lot subject to the regulations for corner lots is that portion bounded by the intersecting street line and lines parallel to and 100 feet from each intersecting street line. Any remaining portion of a corner lot shall be subject to the regulations for a through lot or for an interior lot, whichever is applicable.

An "interior lot" is any zoning lot neither a corner lot nor a through lot.

A "through lot" is any zoning lot, not a corner lot, which adjoins two street lines opposite to each other and parallel or within 45 degrees of being parallel to each other. Any portion of a through lot which is not or could not be bounded by two such opposite street lines and two straight lines intersecting such street lines shall be subject to the regulations for an interior lot.

THROUGH LOT

see zoning lot

A “lower density growth management area” is any R1, R2, R3, R4A, R4-1 or C3A District in the following designated areas, and any zoning lot containing buildings accessed by private roads in R1, R2, R3, R4, R5 or C3A Districts within such areas:

The Borough of Staten Island

Community District 10 in the Borough of the Bronx

In the Borough of Staten Island, lower density growth management areas shall also include any C1, C2 or C4 District.

In the Borough of the Bronx, in Community District 10, lower density growth management areas shall also include any R6, R7, C1 or C2 Districts for the purposes of applying the parking provisions of Article II, Chapter 5, and Article III, Chapter 6.

A “Mandatory Inclusionary Housing area” is a specified area in which the Inclusionary Housing Program is applicable, pursuant to the regulations set forth for such areas in Section 23-90 (INCLUSIONARY HOUSING), inclusive. The locations of Mandatory Inclusionary Housing areas are identified in APPENDIX F of this Resolution or in Special Purpose Districts, as applicable.

The "Manhattan Core" is the area within Manhattan Community Districts 1, 2, 3, 4, 5, 6, 7 and 8.

A "manufacturing” use is any use listed in 

A "Manufacturing District" includes any district whose designation begins with the letter "M."

For example, an "M1" District includes any district whose designation begins with the symbol "M1."

A "mixed building" is a building in a Commercial District used partly for residential use and partly for community facility or commercial use.