THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 2208
Resolution approving the decision of the City Planning Commission on Application No. N 090364 ZRY, for an amendment of the Zoning Resolution of the City of New York, establishing two new zoning districts: C6-3D and R9D and modifying related regulations, Citywide (L.U. No. 1205).
By Council Members Katz and Avella
WHEREAS, the City Planning Commission filed with the Council on August 24, 2009 its decision dated August 19, 2009 (the "Decision"), pursuant to Section 201 of the New York City Charter, regarding an application submitted by the Department of City Planning, for an amendment of the Zoning Resolution of the City of New York, establishing two new zoning districts: C6-3D and R9D and modifying related regulations (Application No. N 090364 ZRY) Citywide (the "Application");
WHEREAS, the Application is related to ULURP Application Number C 090365 ZMX (L.U. No. 1206), an amendment to the Zoning Map;
WHEREAS, the Decision is subject to review and action by the Council pursuant to Section 197-d(b)(1) of the City Charter;
WHEREAS, upon due notice, the Council held a public hearing on the Decision and Application on September 9, 2009;
WHEREAS, the Council has considered the land use implications and other policy issues relating to the Decision and Application; and
WHEREAS, the Council has considered the relevant environmental issues and the Final Environmental Impact Statement (FEIS) for which a Notice of Completion was issued on August 7, 2009. The Notice of Completion for the FEIS identified significant impacts and proposed mitigation measures (CEQR No. 090DCP024X).
RESOLVED:
Having considered the FEIS, with respect to the Application, the Council finds that:
(1) The FEIS meets the requirements of 6 N.Y.C.R.R. Part 617;
(2) Consistent with social, economic and other essential considerations, from among the reasonable alternatives thereto, the action is one which minimizes or avoids adverse environmental impacts to the maximum extent practicable;
(3) The adverse environmental impacts disclosed in the FEIS will be minimized or avoided to the maximum extent practicable by incorporating as conditions to the approval, those mitigative;
(4) The Decision and the FEIS constitute the written statement of facts, and of social, economic and other factors and standards, that form the basis of the decision, pursuant to 6 N.Y.C.R.R. §617.11(d).
Pursuant to Sections 197-d and 200 of the City Charter and on the basis of the Decision and Application, the Council approves the Decision.
The Zoning Resolution of the City of New York, effective as of December 15, 1961, and as subsequently amended, is further amended as follows:
Matter in underline is new, to be added;
Matter in strikeout is to be deleted;
Matter with # # is defined in Section 12-10;
* * * indicates where unchanged text appears in the Zoning Resolution
* * *
Article 1
General Provisions
Chapter 1
Title, Establishment of Controls and Interpretation of Regulations
* * *
11-12
Establishment of Districts
* * *
R9 General Residence District
R9-1 General Residence District
R9A General Residence District
R9D General Residence District
R9X General Residence District
* * *
C6-3 General Central Commercial District
C6-3A General Central Commercial District
C6-3D General Central Commercial District
C6-3X General Central Commercial District
* * *
ARTICLE II RESIDENCE DISTRICT REGULATIONS
Chapter 3 Bulk Regulations for Residential Buildings in Residence Districts
* * *
23-011
Quality Housing Program
(a) In R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X, R10A or R10X Districts, any #development# or #enlargement# shall comply with the applicable district #bulk# regulations as set forth in this Chapter and any #residential development#, #enlargement#, #extension# or conversion shall also comply with the requirements of Article II, Chapter 8 (Quality Housing Program). In R5D Districts, certain requirements of Article II, Chapter 8, shall apply as set forth in Section 28-01 (Applicability of this Chapter).
* * *
23-144
In designated areas where the Inclusionary Housing Program is applicable
In #Inclusionary Housing designated areas#, as listed in the table in this Section, the maximum permitted #floor area ratios# shall be as set forth in Section 23-52 (In Inclusionary Housing designated areas). The locations of such districts are specified in APPENDIX F of this Resolution.
|
Community District |
Zoning District |
|
Community District 1, Bronx |
R6A R7-2 R7A R7X R8A |
|
Community District 4, Bronx |
R8A R9D |
|
Community District 1, Brooklyn |
R6 R6A R6B R7A |
|
Community District 2, Brooklyn |
R7A |
|
Community District 3, Brooklyn |
R7D |
|
Community District 6, Brooklyn |
R7-2 |
|
Community District 7, Brooklyn |
R8A |
|
Community District 3, Manhattan |
R7A R8A R9A |
|
Community District 6, Manhattan |
R10 |
|
Community District 7, Manhattan |
R9A |
|
Community District 2, Queens |
R7X |
23-145
For residential buildings developed or enlarged pursuant to the Quality Housing Program
R6 R7 R8 R9 R10
In the districts indicated, the maximum #lot coverage# and the maximum #floor area ratio# for any #residential building# on a #zoning lot developed# or #enlarged# pursuant to the Quality Housing Program shall be as set forth in the following table and the maximums for #developments#, or #enlargements# where permitted, located within 100 feet of a #wide street# in R6, R7 or R8 Districts without a letter suffix outside the #Manhattan Core#, shall be as designated by the same district with an asterisk. In an R6 District inside the #Manhattan Core# located within 100 feet of a #wide street#, the maximums shall be indicated by the same district with a double asterisk.
MAXIMUM LOT COVERAGE AND FLOOR AREA RATIO
FOR
QUALITY HOUSING BUILDINGS
(in percent)
|
District |
Maximum #Lot Coverage# |
Maximum #Floor Area Ratio# |
|
|
#Corner Lot# |
#Interior Lot# or #Through Lot# |
|
|
R6 |
80 |
60 |
2.20 |
|
R6** |
80 |
60 |
2.43 |
|
R6* R6A R7B |
80 |
65 |
3.00 |
|
R6B |
80 |
60 |
2.00 |
|
R7 |
80 |
65 |
3.44 |
|
R7* R7A |
80 |
65 |
4.00 |
|
R7D |
80 |
65 |
4.20 |
|
R7X |
80 |
70 |
5.00 |
|
R8 R8A R8X |
80 |
70 |
6.02 |
|
R8* |
80 |
70 |
7.20 |
|
R8B |
80 |
70 |
4.00 |
|
R9 R9A |
80 |
70 |
7.52 |
|
R9X R9D |
80 |
70 |
9.00 |
|
R10 |
100 |
70 |
10.00 |
* * *
23-532
Required rear yard equivalents
* * *
However, in #lower density growth management areas# and in R5D, R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X, R10A and R10X Districts, and for #buildings developed# or #enlarged# pursuant to the Quality Housing Program in other R6 through R10 Districts, on any #through lot# at least 180 feet in maximum depth from #street# to #street#, a #rear yard equivalent# shall be provided only as set forth in paragraph (a) of this Section.
* * *
23-621
Permitted obstructions in certain districts
* * *
R6A R6B R7A R7B R7D R7X R8A R8B R8X R9A R9D R9X R10A R10X
(c) In the districts indicated, and for #buildings developed# or #enlarged# pursuant to the Quality Housing Program in other R6, R7, R8, R9 and R10 Districts, the permitted obstructions set forth in Section 23-62 shall apply to any #building or other structure#. In addition, a dormer may be allowed as a permitted obstruction within a required setback distance. Such dormer may exceed a maximum base height specified for such district provided that on any #street# frontage, the aggregate width of all dormers at the maximum base height does not exceed 60 percent of the length of the #street wall# of the highest #story# entirely below the maximum base height. For each foot of height 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.
* * *
23-633
Street wall location and height and setback regulations in certain districts
R6A R6B R7A R7B R7D R7X R8A R8B R8X R9A R9D R9X R10A R10X
In the districts indicated, #street wall# location and height and setback regulations are set forth in this Section. The height of all #buildings or other structures# shall be measured from the #base plane#. The provisions of Sections 23-64 (Alternate Front Setbacks) and 23-65 (Tower Regulations) shall not apply, except as otherwise set forth for #buildings# in R9D and R10X Districts.
(a) #Street wall# location
R6A R7A R7D R7X R9D
(1) In the districts indicated, and for #buildings developed# or #enlarged# pursuant to the Quality Housing Program on #wide streets# in R6 or R7 Districts without a letter suffix, the #street wall# of any #development# or #enlargement# shall be located no closer to the #street line# than the closest #street wall# of an existing #building# to such #street line#, located on the same #block#, and within 150 feet of such #development# or #enlargement#. However, a #street wall# need not be located further from the #street line# than 15 feet. On #corner lots#, these #street wall# location provisions shall apply along only one #street line#.
* * *
(b) Setback regulations
R6A R6B R7A R7B R7D R7X R8A R8B R8X R9A R9D R9X R10A R10X
In the districts indicated, and for #buildings developed# or #enlarged# pursuant to the Quality Housing Program in other R6, R7, R8, R9 and R10 Districts, setbacks are required for all portions of #buildings# that exceed the maximum base height specified in the table in this Section. Such setbacks shall be provided in accordance with the following regulations:
(1) At a height not lower than the minimum base height or higher than the maximum base height specified in the table in this Section, 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#, except such dimensions may include the depth of any permitted recesses in the #street wall#.
(2) On #narrow streets#, where a #street wall# is required to be located further than 10 feet from a #street line# in accordance with paragraph (a) of this Section, the depth of the required setback above the minimum base height may be reduced one foot for every foot that the #street wall# is required to be located beyond 10 feet of the #street line#, but in no event shall a setback less than 10 feet in depth be provided above the minimum base height.
(3) These setback provisions are optional for any building wall that is either 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#. Furthermore, dormers provided in accordance with the provisions of Section 23-621 may penetrate a required setback area.
(4) In R9D Districts, for #developments# or #enlargements# that front upon an elevated rail line, at a height between grade level and 25 feet, a setback with a depth of at least 20 feet shall be provided from the #street line# fronting on such elevated rail line. The depth of such setback may be reduced by one foot for every foot that the depth of the #zoning lot#, measured perpendicular to the elevated rail line, is less than 110 feet, but in no event shall a setback less than 10 feet in depth be provided.
(c) Maximum building height
No #building or other structure# shall exceed the maximum building height specified in the table in this Section, except as otherwise provided below:
R9D R10X
In the districts indicated, any #building# or #buildings# or portions thereof which in the aggregate occupy not more than 40 percent of the #lot area# of a #zoning lot# (or, for #zoning lots# of less than 20,000 square feet, the percentage set forth in the table in Section 23-651), above a height of 85 feet above the #base plane#, is hereinafter referred to as a tower. Dormers permitted within a required setback area pursuant to Section 23-621 (Permitted obstructions in certain districts) shall not be included in tower coverage. Such tower or towers may exceed a height limit of 85 feet above the #base plane# provided:
(1) at all levels, such tower is set back from the #street wall# of a base at least 15 feet along a #narrow street# and at least 10 feet along a #wide street#, except such dimensions may include the depth of any permitted recesses in the #street wall#;
(2) the base of such tower complies with the #street wall# location provisions of paragraph (a) of this Section and the setback provisions of paragraph (b) of this Section; and
(3) the minimum coverage of such tower above a height of 85 feet above the #base plane# is at least 33 percent of the #lot area# of the #zoning lot#; however, such minimum coverage requirement shall not apply to the highest 40 feet of such tower.
Dormers permitted within a required setback area pursuant to Section 23-621 (Permitted obstructions in certain districts) shall not be included in tower coverage.
(4) In R9D Districts, the highest four #stories#, or as many #stories# as are located entirely above a height of 165 feet, whichever is less, shall have a #lot coverage# of at least 50 percent of the #story# immediately below such #stories#, and a maximum #lot coverage# of 80 percent of the #story# immediately below such #stories#. Such reduced #lot coverage# shall be achieved by one or more setbacks on each face of the tower, where at least one setback on each tower face has a depth of at least four feet, and a width that, individually or in the aggregate, is equal to at least 10 percent of the width of such respective tower face. For the purposes of this paragraph, (c)(4), each tower shall have four tower faces, with each face being the side of a rectangle within which the outermost walls of the highest #story# not subject to the reduced #lot coverage# provisions have been inscribed. The required setbacks shall be measured from the outermost walls of the #building# facing each tower face. Required setback areas may overlap.
(5) In R9D Districts, for towers fronting on elevated rail lines, the outermost walls of each #story# located entirely above a height of 85 feet shall be inscribed within a rectangle. The maximum length of any side of such rectangle that is parallel or within 45 degrees of being parallel to such elevated rail line shall be 125 feet, or 75 percent of the frontage of the #zoning lot# along such elevated rail line, whichever is less.
R6A R6B R7A R7B R7D R7X R8A R8B R8X R9A R9D R9X R10A R10X
(d) Additional regulations
In the districts indicated, and for #buildings developed# or #enlarged# pursuant to the Quality Housing Program in other R6, R7, R8, R9 and R10 Districts, the following additional regulations shall apply:
* * *
(5) In R9D Districts, where a #building# on an adjacent #zoning lot# has #dwelling unit# windows located within 30 feet of a #side lot line# of the #development# or #enlargement#, an open area extending along the entire length of such #side lot line# with a minimum width of 15 feet shall be provided. Such open area may be obstructed only by the permitted obstructions set forth in Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).
R6A R6B R7A R7B R7D R7X R8A R8B R8X R9A R9D R9X R10A R10X
MINIMUM BASE HEIGHT, MAXIMUM BASE HEIGHT
AND MAXIMUM BUILDING HEIGHT
|
District |
Minimum Base Height |
Maximum Base Height |
Maximum Building Height |
|
R6B |
30 |
40 |
50 |
|
R6**[del]2 |
30 |
45 |
55 |
|
R6*[del]1 inside Core***[del]3 |
40 |
55 |
65 |
|
R6A R6*[del]1 outside Core***[del]3 |
40 |
60 |
70 |
|
R7B R7**[del]2 R7*[del]1 inside Core***[del]3 |
40 |
60 |
75 |
|
R7A R7*[del]1 outside Core***[del]3 |
40 |
65 |
80 |
|
R7D |
60 |
85 |
100 |
|
R7X |
60 |
85 |
125 |
|
R8B |
55 |
60 |
75 |
|
R8**[del]2 |
60 |
80 |
105 |
|
R8A R8*[del]1 |
60 |
85 |
120 |
|
R8X |
60 |
85 |
150 |
|
R9A**[del]2 R9**[del]2 |
60 |
95 |
135 |
|
R9A R9*[del]1 |
60 |
102 |
145 |
|
R9D |
60 |
855 |
****[del]4 |
|
R9X**[del]2 |
60 |
120 |
160 |
|
R9X*[del]1 |
105 |
120 |
170 |
|
R10A**[del]2 R10**[del]2 |
60 |
125 |
185 |
|
R10A*[del]1 R10*[del]1 |
125 |
150 |
210 |
|
R10X |
60 |
85 |
****[del]4 |
______
*[del]1 Refers to that portion of a district which is within 100 feet of a #wide street#.
**[del]2 Refers to that portion of a district on a #narrow street# except within a distance of 100 feet from its intersection with a #wide street#.
***[del]3 Core refers to #Manhattan Core#.
****[del]4 #Buildings# may exceed a maximum base height of 85 feet in accordance with paragraph (c) of this Section.
5 For #developments# or #enlargements# that front upon an elevated rail line, the maximum base height shall be 25 feet.
* * *
23-663
Required rear setbacks for tall buildings in other districts
* * *
R6A R6B R7A R7B R7D R7X R8A R8B R8X R9A R9D R9X R10A R10X
(b) In the districts indicated, and for #buildings developed# or #enlarged# pursuant to the Quality Housing Program in other R6 through R10 Districts, no portion of a #building# that exceeds the applicable maximum base height specified in Section 23-633 (Street wall location and height and setback regulations in certain districts) shall be nearer to a #rear yard line# than 10 feet.
In the case of a #through lot# on which a #rear yard equivalent# is provided as set forth in paragraph (a) of Section 23-533, the requirements of this Section shall apply as if such #rear yard equivalent# were two adjoining #rear yards#. If a #rear yard equivalent# is provided as set forth in paragraph (b) of Section 23-533, the requirements of this Section shall not apply.
* * *
23-90
INCLUSIONARY HOUSING
* * *
23-952
Floor area compensation in Inclusionary Housing designated areas
The provisions of this Section shall apply in #Inclusionary Housing designated areas# set forth in APPENDIX F of this Section.
The #residential floor area# of a #zoning lot# may not exceed the base #floor area ratio# set forth in the following table in this Section, except that such #floor area# may be increased on a #compensated zoning lot# by 1.25 square feet for each square foot of #low income floor area# provided, up to the maximum #floor area ratio# specified in the table. However, the amount of #low income floor area# required to receive such #floor area compensation# need not exceed 20 percent of the total #floor area#, exclusive of ground floor non-#residential floor area#, on the #compensated zoning lot#.
Maximum Residential Floor Area Ratio
|
District |
Base #floor area ratio# |
Maximum #floor area ratio# |
|
R6B |
2.00 |
2.20 |
|
R6* |
2.20 |
2.42 |
|
R6** R6A R7-2* |
2.70 |
3.60 |
|
R7A R7-2** |
3.45 |
4.60 |
|
R7D |
4.20 |
5.60 |
|
R7X |
3.75 |
5.00 |
|
R8 |
5.40 |
7.20 |
|
R9 |
6.00 |
8.00 |
|
R9A |
6.50 |
8.50 |
|
R9D |
7.5 |
10.0 |
|
R10 |
9.00 |
12.00 |
---
* for #zoning lots#, or portions thereof, beyond 100 feet of a #wide street#
** for #zoning lots#, or portions thereof, within 100 feet of a #wide street#
* * *
Chapter 4
Bulk Regulations for Community Facility Buildings in Residence Districts
* * *
24-011
Quality Housing Program
In R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X, R10A or R10X Districts, any #residential# portion of a #building# shall comply with all of the regulations of Article II, Chapter 8 (Quality Housing Program), and the entire #building# shall comply with the applicable provisions of Article II, Chapter 8. In R5D Districts, certain provisions of Article II, Chapter 8, shall apply as set forth in Section 28-01 (Applicability of this Chapter).
* * *
24-11
Maximum Floor Area Ratio and Percentage of Lot Coverage
* * *
In R9A, R9D, R9X, R10A and R10X Districts, the bonus provisions of Sections 24-14 (Floor Area Bonus for a Public Plaza) and 24-15 (Floor Area Bonus for Arcades) shall not apply and the maximum #floor area ratio# shall not exceed that set forth in the following table:
MAXIMUM FLOOR AREA AND MAXIMUM LOT COVERAGE
#Lot coverage# (percent of #lot area#)
|
#Floor Area Ratio# |
#Corner Lot# |
#Interior Lot# or #Through Lot# |
District |
|
1.00 |
60 |
55 |
R1 |
|
1.00 |
60 |
55 |
R2 |
|
1.00 |
60 |
55 |
R3 |
|
2.00 |
60 |
55 |
R4 |
|
2.00 |
60 |
55 |
R5 R5A R5B |
|
4.80 |
70 |
65 |
R6 |
|
3.00 |
80 |
60 |
R6A |
|
2.00 |
80 |
60 |
R5D R6B |
|
4.80 |
70 |
65 |
R7-1 |
|
6.50 |
70 |
65 |
R7-2 |
|
4.00 |
80 |
65 |
R7A |
|
4.20 |
80 |
65 |
R7D |
|
3.00 |
80 |
65 |
R7B |
|
5.00 |
80 |
70 |
R7X |
|
6.50 |
75 |
65 |
R8 |
|
6.50 |
80 |
70 |
R8A |
|
4.00 |
80 |
70 |
R8B* |
|
6.00 |
80 |
70 |
R8X |
|
10.00 |
75 |
65 |
R9 |
|
7.50 |
80 |
70 |
R9A |
|
9.00 |
80 |
70 |
R9D |
|
9.00 |
80 |
70 |
R9X |
|
10.00 |
75 |
65 |
R10 |
|
10.00 |
100 |
70 |
R10A R10X |
* * *
24-111
Maximum floor area ratio for certain community facility uses
* * *
R3 R4 R5 R6 R7 R8 R9
(b) In the districts indicated, for any #zoning lot# containing nursing homes, health-related facilities or domiciliary care facilities for adults, each of which have secured certification by the appropriate governmental agency, sanitariums or philanthropic or non-profit institutions with sleeping accommodations as listed in Use Group 3, the allowable #floor area ratio# shall not exceed the maximum #floor area ratio# as set forth in the following table, except where the permissible #floor area ratio# is modified pursuant to Section 74-902 (Bulk modifications for certain community facility uses).
The provisions of paragraph (b) of this Section are not applicable in R8B Districts in Community Board 8 in the Borough of Manhattan.
MAXIMUM FLOOR AREA RATIO FOR
CERTAIN COMMUNITY FACILITIES
|
District |
Maximum #Floor Area Ratio# Permitted |
|
R3 |
0.50 |
|
R4 |
0.75 |
|
R5 R5A R5B |
1.27 |
|
R5D R6B |
2.00 |
|
R6 |
2.43 |
|
R6A R7B |
3.00 |
|
R7 |
3.44 |
|
R7D |
4.20 |
|
R7X |
5.00 |
|
R7A R8B |
4.00 |
|
R8 R8A |
6.02 |
|
R8X |
6.00 |
|
R9 |
7.52 |
|
R9A |
7.5 |
|
R9D |
9.00 |
|
R9X |
9.00 |
* * *
24-164
Location of open space for residential portion
* * *
R6A R6B R7A R7B R7D R7X R8A R8B R8X R9A R9D R9X R10A R10X
(b) In the districts indicated, and for #buildings# in which the #residential# portion is #developed#, or #enlarged# where permitted, pursuant to the Quality Housing Program in other R6, R7, R8, R9 or R10 Districts, the provisions of Section 28-30 (RECREATION SPACE AND PLANTING AREAS) shall apply.
* * *
24-351
Special provisions applying along district boundaries
R6 R7 R8 R9 R10
In the districts indicated, if the boundary of an adjoining R1, R2, R3, R4 or R5 District coincides with a #side lot line# of a #zoning lot#, a #side yard# at least eight feet wide shall be provided along such boundary within the districts indicated. In addition, the requirements for R6B Districts in Section 23-633 (Street wall location and height and setback regulations in certain districts) shall apply to any portion of a #building# located within 25 feet of the boundary of an R1, R2, R3, R4, R5 or R6B District if the #building# that contains such portion is:
(a) within an R6A, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X, R10A or R10X District; or
(b) within an R6, R7, R8, R9 or R10 District, without a letter suffix, and any portion of the #zoning lot# is #developed# pursuant to the Quality Housing Program.
* * *
24-381
Excepted through lots
* * *
R5D R6A R6B R7A R7B R7D R7X R8A R8B R8X R9A R9D R9X R10A R10X
(b) In the districts indicated, and in other R6, R7, R8, R9 and R10 Districts where the #residential# portion of a #building# is #developed# or #enlarged# pursuant to the Quality Housing Program, no #rear yard# regulations shall apply 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#.
24-382
Required rear yard equivalents
* * *
However, in R5D, R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X, R10A and R10X Districts, and in other R6 through R10 Districts where the #residential# portion of a #building# is #developed# or #enlarged# pursuant to the Quality Housing Program, on any #through lot# at least 180 feet in depth from #street to street#, a #rear yard equivalent# shall be provided only as set forth in paragraph (a) of this Section.
* * *
24-522
Front setbacks in districts where front yards are not required
* * *
R6A R6B R7A R7B R7D R7X R8A R8B R8X R9A R9D R9X R10A R10X
(b) In the districts indicated, for any #development# or #enlargement#, the provisions of this Section, Section 24-53 (Alternate Front Setbacks) and Section 24-54 (Tower Regulations) shall not apply. In lieu thereof, the provisions of Section 23-60 (HEIGHT AND SETBACK REGULATIONS) shall apply.
* * *
24-552
Required rear setbacks for tall buildings
* * *
R6A R6B R7A R7B R7D R7X R8A R8B R8X R9A R9D R9X R10A R10X
(b) In the districts indicated, for any #development# or #enlargement#, and for #buildings# in which the #residential# portion is #developed# or #enlarged# pursuant to the Quality Housing Program in other R6 through R10 Districts, no portion of a #building# that exceeds the maximum base height specified in the table in Section 23-633 shall be nearer to a #rear yard line# than 10 feet.
* * *
Chapter 8
The Quality Housing Program
* * *
28-01
Applicability of this Chapter
The Quality Housing Program is a specific set of standards and requirements for #buildings# containing #residences#. In R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X, R10A or R10X Districts, and in the equivalent #Commercial Districts# listed in Sections 34-111 and 34-112, some of these standards and requirements are mandatory for the #development#, #enlargement#, #extension# of, or conversion to any #residential use# other than #single-# or #two-family residences#. In R5D Districts, only the requirements set forth in Sections 28-12 (Street Tree Planting), 28-23 (Refuse Storage and Disposal), 28-33 (Planting Areas) and 28-53 (Location of Accessory Parking) shall apply.
* * *
ARTICLE III
COMMERCIAL DISTRICT REGULATIONS
Chapter 2
Use Regulations
* * *
32-656
Height of signs above roof
C1 C2 C3 C4 C5 C6-1 C6-2 C6-3 C6-4 C6-6 C6-8 C6-9
In the districts indicated, no #sign# displayed from the wall of a #building or other structure# shall extend above the parapet wall or roof of such #building or other structure#, except that a vertical #sign#, the horizontal width of which, parallel to the wall, does not exceed 28 inches, may extend no higher than 15 feet above the roof level.
* * *
32-434
Ground floor use in C4-5D and C6-3D Districts and in Certain C2 Districts
C4-5D C6-3D
In all C4-5D Districts the districts indicated and in C2 Districts mapped within R7D or R9D Districts, #uses# on the ground floor or within five feet of #curb level# shall be limited to non-#residential uses# which shall extend along the entire width of the #building#, and lobbies, entrances to subway stations and #accessory# parking spaces, provided such lobbies and entrances do not occupy, in total, more than 25 percent of the #street wall# width of the #building# or more than 20 linear feet of #street wall# frontage on a #wide street# or 30 linear feet on a #narrow street#, whichever is less. Such non-#residential uses# shall have a minimum depth of 30 feet from the #street wall# of the #building#. In C6-3D Districts, a vertical circulation core shall be permitted within such minimum 30 foot depth.
Enclosed parking spaces, or parking spaces within a #building#, including such spaces #accessory# to #residences#, shall be permitted to occupy the ground floor provided they are located beyond 30 feet of the #street wall# of the #building#. However, loading berths serving any permitted #use# in the #building# may occupy up to 40 feet of such #street# frontage and, if such #building# fronts on both a #wide street# and a #narrow street#, such loading berth shall be located only on a #narrow street#.
In C6-3D Districts, each ground floor level #street wall# of a #commercial# or #community facility use# shall be glazed with materials which may include show windows, glazed transoms or glazed portions of doors. Such glazing shall occupy at least 70 percent of the area of each such ground floor level #street wall#, measured to a height of 10 feet above the level of the adjoining sidewalk, public access area or #base plane#, whichever is higher. Not less than 50 percent of the area of each such ground floor level #street wall# shall be glazed with transparent materials and up to 20 percent of such area may be glazed with translucent materials. However, where the #street wall# or portion thereof fronts an elevated rail line or is located within 50 feet of a #street wall# that fronts an elevated rail line, the glazing requirement of the area of the ground floor level #street wall# may be reduced from 70 percent to 50 percent, and not less than 35 percent of the area of each such ground floor level #street wall# shall be glazed with transparent materials and up to 15 percent of such area may be glazed with translucent materials. Furthermore, all security gates installed after (date of enactment), that are swung, drawn or lowered to secure commercial or community facility premises shall, when closed, permit visibility of at least 75 percent of the area covered by such gate when viewed from the #street#, except that this provision shall not apply to entrances or exits to parking garages.
* * *
Chapter 3
Bulk Regulations for Commercial or Community Facility Buildings in Commercial Districts
* * *
33-12
Maximum Floor Area Ratio
C1 C2 C3 C4 C5 C6 C7 C8
* * *
In addition, the following limitations on maximum permitted #floor area# shall apply:
C1-8A C1-8X C1-9A C2-7A C2-7X C2-8A C4-6A C4-7A C5-1A C5-2A C6-2A C6-3A C6-3D C6-3X C6-4A
(a) In contextual Commercial Districts
In the districts indicated, and in C1 and C2 Districts mapped within R9A, R9D, R9X, R10A or R10X Districts, no #floor area# bonuses are permitted.
* * *
33-121
In districts with bulk governed by Residence District bulk regulations
C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5
In the districts indicated, the maximum #floor area ratio# for a #commercial# or #community facility building# is determined by the #Residence District# within which such #Commercial District# is mapped and shall not exceed the maximum #floor area ratio# set forth in the following table:
MAXIMUM FLOOR AREA RATIO
|
District |
For #Commercial Buildings# |
For #Community Facility Buildings# |
For #Buildings# Used for Both #Commercial# and #Community Facility Uses# |
|
R1 R2 |
1.00 |
0.50 |
1.00 |
|
R3-1 R3A R3X |
1.00 |
1.00 |
1.00 |
|
R3-2 |
1.00 |
1.60 |
1.60 |
|
R4 R5 |
1.00 |
2.00 |
2.00 |
|
R5D R6B |
2.00 |
2.00 |
2.00 |
|
R6A R7B |
2.00 |
3.00 |
3.00 |
|
R7A R8B |
2.00 |
4.00* |
4.00 |
|
R7D |
2.00 |
4.20 |
4.20 |
|
R6 R7-1 |
2.00 |
4.80 |
4.80 |
|
R7X |
2.00 |
5.00 |
5.00 |
|
R7-2 R8 |
2.00 |
6.50 |
6.50 |
|
R8X |
2.00 |
6.00 |
6.00 |
|
R9 |
2.00 |
10.00 |
10.00 |
|
R9A |
2.00 |
7.5 |
7.5 |
|
R9D |
2.00 |
9.00 |
9.00 |
|
R9X |
2.00 |
9.00 |
9.00 |
|
R10 |
2.00 |
10.00 |
10.00 |
* * *
33-122
Commercial buildings in all other Commercial Districts
C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C3 C4 C5 C6 C7 C8
In the districts indicated, the maximum #floor area ratio# for a #commercial building# shall not exceed the #floor area ratio# set forth in the following table:
|
Districts |
Maximum #Floor Area Ratio# |
|
C3 |
0.50 |
|
C4-1 C8-1 |
1.00 |
|
C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C7 C8-2 C8-3 |
2.00 |
|
C4-2A C4-3A |
3.00 |
|
C4-2 C4-2F C4-3 C4-4 C4-4D C4-5 C4-6 |
3.40 |
|
C4-4A C4-5A C4-5X C5-1 |
4.00 |
|
C4-5D |
4.20 |
|
C8-4 |
5.00 |
|
C6-1 C6-2 C6-3 |
6.00 |
|
C6-3D |
9.00 |
|
C4-7 C5-2 C5-4 C6-4 C6-5 C6-8 |
10.00 |
|
C5-3 C5-5 C6-6 C6-7 C6-9 |
15.00 |
* * *
33-123
Community facility buildings or buildings used for both community facility and commercial uses in all other Commercial Districts
C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C3 C4 C5 C6 C8
In the districts indicated, the maximum #floor area ratio# for a #community facility building#, or for a #building# used for both #commercial# and #community facility uses#, shall not exceed the #floor area ratio# set forth in the following table:
|
Districts |
Maximum #Floor Area Ratio# |
|
C3 |
1.00 |
|
C4-1 |
2.00 |
|
C8-1 |
2.40 |
|
C4-2A C4-3A |
3.00 |
|
C1-6A C2-6A C4-4A C4-5A |
4.00 |
|
C4-5D |
4.20 |
|
C4-2 C4-3 C8-2 |
4.80 |
|
C4-5X |
5.00 |
|
C6-1A |
6.00 |
|
C1-6 C1-7 C2-6 C4-2F C4-4 C4-4D C4-5 C6-1 C6-2 C8-3 C8-4 |
6.50 |
|
C1-8A C2-7A C6-3A |
7.50 |
|
C1-8X C2-7X C6-3D C6-3X |
9.00 |
|
C1-8 C1-9 C2-7 C2-8 C4-6 C4-7 C5-1 C5-2 C5-4 C6-3 C6-4 C6-5 C6-8 |
10.00 |
|
C5-3 C5-5 C6-6 C6-7 C6-9 |
15.00 |
* * *
33-283
Required rear yard equivalents
C1 C2 C3 C4-1 C7 C8-1 C8-2 C8-3
In the districts indicated, on any #through lot# 110 feet or more in maximum depth from #street# to #street#, one of the following #rear yard equivalents# shall be provided:
(a) an open area with a minimum depth of 40 feet midway (or within five feet of being midway) between the two #street lines# upon which such #through lot# fronts. In C1-6A, C1-7A, C1-8X, C1-9A, C2-6A, C2-7X, C2-8A and in C1 and C2 Districts mapped within R5D, R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X or R10 Districts, a #rear yard equivalent# shall be provided only as set forth in this paragraph; or
* * *
33-294
Other special provisions along certain district boundaries
C1-6A C1-7A C1-8A C1-9A C2-6A C2-7A C2-7X C2-8A C4-2A C4-3A C4-4A C4-4D C4-5A C4-5D C4-5X C4-6A C4-7A C5-1A C5-2A C6-2A C6-3A C6-3D C6-3X C6-4A C6-4X
In the districts indicated, and in C1 and C2 Districts mapped within R6A, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X, R10A or R10X Districts, the #development# or #enlargement# of a #building#, or portions thereof, within 25 feet of an R1, R2, R3, R4, R5 or R6B District shall comply with the requirements for R6B Districts in Section 23-633 (Street wall location and height and setback regulations in certain districts).
* * *
33-431
In C1 or C2 Districts with bulk governed by surrounding Residence District
* * *
C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5
(b) In the districts indicated, when mapped within R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R10A or R10X Districts, the height and setback regulations of Sections 33-43 through 33-457, inclusive, shall not apply. In lieu thereof, the provisions of Section 35-24 (Special Street Wall Location and Height and Setback Regulations in Certain Districts) shall apply.
* * *
33-432
In other Commercial Districts
* * *
C1-6A C1-7A C1-8A C1-8X C1-9A C2-6A C2-7A C2-7X C2-8A C4-2A C4-3A C4-4A C4-4D C4-5A C4-5D C4-5X C4-6A C4-7A C5-1A C5-2A C6-2A C6-3A C6-3D C6-3X C6-4A C6-4X
(b) In the districts indicated, the height and setback regulations of Sections 33-43 through 33-457, inclusive, shall not apply. In lieu thereof, the provisions of Section 35-24 (Special Street Wall Location and Height and Setback Regulations in Certain Districts) shall apply.
* * *
33-492
Height limitations for narrow buildings or enlargements
C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C4-4D C4-5D C4-5X C4-6A C4-7A C5-1A C5-2A C6-2A C6-3A C6-3D C6-3X C6-4A C6-4X
In the districts indicated, and in C1 and C2 Districts mapped within R7-2, R7D, R7X, R8, R9 and R10 Districts, if the width of the #street wall# of a new #building# or the #enlarged# portion of an existing #building# is 45 feet or less, the provisions of Section 23-692 (Height limitations for narrow buildings or enlargements) shall apply to such new or #enlarged building#.
* * *
Chapter 4
Bulk Regulations for Residential Buildings in Commercial Districts
* * *
34-011
Quality Housing Program
In C1 and C2 Districts mapped within #Residence Districts# with a letter suffix, and in C1-6A, C1-7A, C1-8A, C1-8X, C1-9A, C2-6A, C2-7A, C2-7X, C2-8A, C4-2A, C4-3A, C4-4A, C4-4D, C4-5A, C4-5D, C4-5X, C4-6A, C4-7A, C5-1A, C5-2A, C6-2A, C6-3A, C6-3D, C6-3X, C6-4A or C6-4X Districts, #residential buildings# shall comply with all of the requirements of Article II, Chapter 8 (Quality Housing Program).
* * *
34-112
Residential bulk regulations in other C1 or C2 Districts or in C3, C4, C5 or C6 Districts
C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C3 C4 C5 C6
In the districts indicated, the applicable #bulk# regulations are the #bulk# regulations for the #Residence Districts# set forth in the following table:
|
Districts |
Applicable #Residence District# |
|
C3 |
R3-2 |
|
C4-1 |
R5 |
|
C4-2 C4-3 C6-1A |
R6 |
|
C4-2A C4-3A |
R6A |
|
C1-6 C2-6 C4-4 C4-5 C6-1 |
R7 |
|
C1-6A C2-6A C4-4A C4-5A |
R7A |
|
C4-5D |
R7D |
|
C4-5X |
R7X |
|
C1-7 C4-2F C6-2 |
R8 |
|
C1-7A C4-4D C6-2A |
R8A |
|
C1-8 C2-7 C6-3 |
R9 |
|
C1-8A C2-7A C6-3A |
R9A |
|
C6-3D |
R9D |
|
C1-8X C2-7X C6-3X |
R9X |
|
C1-9 C2-8 C4-6 C4-7 C5 C6-4 C6-5 C6-6 C6-7 C6-8 C6-9 |
R10 |
|
C1-9A C2-8A C4-6A C4-7A |
R10A |
|
C5-1A C5-2A C6-4A |
|
|
C6-4X |
R10X |
* * *
Chapter 5
Bulk Regulations for Mixed Buildings in Commercial Districts
* * *
35-011
Quality Housing Program
In C1 and C2 Districts mapped within R6 through R10 Districts with a letter suffix, and in C1-6A, C1-7A, C1-8A, C1-8X, C1-9A, C2-6A, C2-7A, C2-7X, C2-8A, C4-2A, C4-3A, C4-4A, C4-4D, C4-5A, C4-5D, C4-5X, C4-6A, C4-7A, C5-1A, C5-2A, C6-2A, C6-3A, C6-3D, C6-3X, C6-4A or C6-4X Districts, any #residential# portion of a #mixed building# shall comply with all of the regulations of Article II, Chapter 8 (Quality Housing Program), and the entire #building# shall comply with the applicable provisions of Article II, Chapter 8. In C1 and C2 Districts mapped within R5D Districts, #mixed buildings# shall comply with certain regulations of Article II, Chapter 8, as set forth in Section 28-01 (Applicability of this Chapter).
* * *
35-23
Residential Bulk Regulations in Other C1 or C2 Districts or in C3, C4, C5 or C6 Districts
* * *
C1-6A C1-7A C1-8A C1-8X C1-9A C2-6A C2-7A C2-7X C2-8A C4-2A C4-3A C4-4A C4-4D C4-5A C4-5D C4-5X C4-6A C4-7A C5-1A C5-2A C6-2A C6-3A C6-3D C6-3X C6-4A C6-4X
(b) In the districts indicated, the #bulk# regulations for #residential# portions of #mixed buildings# are the #bulk# regulations for the #Residence Districts# set forth in the following table. However, the height and setback regulations of Sections 23-60 through 23-65, inclusive, shall not apply. In lieu thereof, Section 35-24 shall apply to such #mixed building#.
|
Applicable #Residence District# |
District |
|
R6A |
C4-2A C4-3A |
|
R7A |
C1-6A C2-6A C4-4A C4-5A |
|
R7D |
C4-5D |
|
R7X |
C4-5X |
|
R8A |
C1-7A C4-4D C6-2A |
|
R9A |
C1-8A C2-7A C6-3A |
|
R9D |
C6-3D |
|
R9X |
C1-8X C2-7X C6-3X |
|
R10A |
C1-9A C2-8A C4-6A C4-7A C5-1A C5-2A C6-4A |
|
R10X |
C6-4X |
* * *
35-24
Special Street Wall Location and Height and Setback Regulations in Certain Districts
C1-6A C1-7A C1-8A C1-8X C1-9A C2-6A C2-7A C2-7X C2-8A C4-2A C4-3A C4-4A C4-4D C4-5A C4-5D C4-5X C4-6A C4-7A C5-1A C5-2A C6-2A C6-3A C6-3D C6-3X C6-4A C6-4X
In the districts indicated, and in other C1 or C2 Districts when mapped within R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X, R10A or R10X Districts, and in other #Commercial Districts# where the #residential# portion of a #mixed building# is #developed# or #enlarged# pursuant to the Quality Housing Program, #street wall# location and height and setback regulations are set forth in this Section. The height of all #buildings or other structures# shall be measured from the #base plane#.
C1-6A C1-7A C1-8A C1-8X C1-9A C2-6A C2-7A C2-7X C2-8A C4-2A C4-3A C4-4A C4-4D C4-5A C4-5D C4-5X C4-6A C4-7A C5-1A C5-2A C6-2A C6-3A C6-3D C6-3X C6-4A C6-4X
(a) Permitted obstructions
In the districts indicated, and in other C1 or C2 Districts when mapped within R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X, R10A or R10X Districts, and in other #Commercial Districts# where the #residential# portion of a #mixed building# is #developed# or #enlarged# pursuant to the Quality Housing Program, the permitted obstructions set forth in Section 33-42 shall apply to any #building or other structure#. In addition, a dormer may be allowed as a permitted obstruction within a required setback area. Such dormer may exceed a maximum base height specified for such district provided that, on any #street# frontage, the aggregate width of all dormers at the maximum base height does not exceed 60 percent of the length of the #street wall# of the highest #story# entirely below the maximum base height. For each foot of height 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.
* * *
(b) #Street wall# location
* * *
C1-7A C1-8A C1-8X C1-9A C2-7A C2-7X C2-8A C4-4D C4-5D
(2) In the districts indicated, and in C1 or C2 Districts when mapped within R7D, R8A, R8B, R8X, R9A, R9D, R9X, R10A or R10X Districts, and in other C1 or C2 Districts with a #residential# equivalent of an R8, R9 or R10 District where the #residential# portion of a #mixed building# is #developed# or #enlarged# pursuant to the Quality Housing Program, the following #street wall# location provisions shall apply along #wide streets#, and along #narrow streets# within 50 feet of their intersection with a #wide street#:
(i) The #street wall# shall be located on the #street line# and extend along the entire #street# frontage of the #zoning lot# up to at least the minimum base height specified in Table A of this Section for #buildings# in contextual districts, or Table B for #buildings# in non-contextual districts or the height of the #building#, whichever is less. To allow articulation of #street walls# at the intersection of two #street lines#, the #street wall# may be located anywhere within an area bounded by the two #street lines# and a line connecting such #street lines# at points 15 feet from their intersection.
In C1 or C2 Districts when mapped within R9D Districts, to allow articulation of #street walls# at the intersection of two #street lines#, up to 50 percent of the area bounded by the two #street lines# and lines parallel to and 50 feet from such #street lines# may be unoccupied by a #building#. However, where one such #street line# fronts an elevated rail line, a minimum of 25 percent and a maximum of 50 percent of the area bounded by the two #street lines# and lines parallel to and 50 feet from such #street lines# shall be unoccupied by a #building#.
(ii) Recesses, not to exceed three feet in depth from the #street line#, shall be permitted on the ground floor where required to provide access to the #building#.
Above a height of 12 feet above the #base plane#, up to 30 percent of the #aggregate width of street walls# may be recessed beyond the #street line#, provided any such recesses deeper than 10 feet along a #wide street#, or 15 feet along a #narrow street#, are located within an #outer court#. Furthermore, no recesses shall be permitted within 30 feet of the intersection of two #street lines# except to articulate the #street walls# as set forth in paragraph (b)(2)(i) of this Section.
(iii) For #developments# that occupy the entire #block# frontage of a #street# and provide a continuous sidewalk widening along such #street line#, the boundary of the sidewalk widening shall be considered to be the #street line# for the purposes of this Section.
The preceding #street wall# provisions shall not apply along #narrow streets# beyond 50 feet of their intersection with a #wide street#, nor along any #street frontage# of a #zoning lot# occupied by existing #buildings#.
C4-6A C4-7A C5-1A C5-2A C6-2A C6-3A C6-3D C6-3X C6-4A C6-4X
(3) In the districts indicated, and in other C4, C5 or C6 Districts with a #residential# equivalent of an R8, R9 or R10 District where the #residential# portion of a #mixed building# is #developed# or #enlarged# pursuant to the Quality Housing Program, the #street wall# location requirements shall be as set forth in paragraph (b)(2), inclusive, of this Section, except that a #street wall# with a minimum height of 12 feet shall be required on a #narrow street line# beyond 50 feet of its intersection with a #wide street#, and shall extend along such entire #narrow street# frontage of the #zoning lot#.
In C6-4X Districts, #public plazas# are only permitted to front upon a #narrow street line# beyond 50 feet of its intersection with a #wide street line#. The #street wall# location provisions of this Section shall not apply along any such #street line# occupied by a #public plaza#.
In C6-3D Districts, to allow articulation of #street walls# at the intersection of two #street lines#, up to 50 percent of the area bounded by the two #street lines# and lines parallel to and 50 feet from such #street lines# may be unoccupied by a #building#. However, where one such #street line# fronts an elevated rail line, a minimum of 25 percent and a maximum of 50 percent of the area bounded by the two #street lines# and lines parallel to and 50 feet from such #street lines# shall be unoccupied by a #building#.
C1-6A C1-7A C1-8A C1-8X C1-9A C2-6A C2-7A C2-7X C2-8A C4-2A C4-3A C4-4A C4-4D C4-5A C4-5D C4-5X C4-6A C4-7A C5-1A C5-2A C6-2A C6-3A C6-3D C6-3X C6-4A C6-4X
(c) Setback regulations
In the districts indicated, and in C1 or C2 Districts when mapped within R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X, R10A or R10X Districts, and in other #Commercial Districts# where the #residential# portion of a #mixed building# is #developed# or #enlarged# pursuant to the Quality Housing Program, all #developments# or #enlargements# shall comply with the following provisions:
(1) At a height not lower than the minimum base height or higher than the maximum base height specified in Table A of this Section for #buildings# in contextual districts, and Table B for #buildings# in non-contextual districts, 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#, except such dimensions may include the depth of any permitted recesses in the #street wall#.
(2) These setback provisions are optional for any building wall that is either 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#. Furthermore, dormers provided in accordance with the provisions of paragraph (a) of this Section may penetrate a required setback area.
(3) In C6-3D Districts, for #developments# or #enlargements# that front upon an elevated rail line, at a height not lower than 15 feet or higher than 25 feet, a setback with a depth of at least 20 feet shall be provided from any #street wall# fronting on such elevated rail line, except that such dimensions may include the depth of any permitted recesses in the #street wall# and the depth of such setback may be reduced by one foot for every foot that the depth of the #zoning lot#, measured perpendicular to the elevated rail line, is less than 110 feet, but in no event shall a setback less than 10 feet in depth be provided above the minimum base height.
(i) The setback provisions of paragraph (c) of this Section are optional for such #developments# or #enlargements# where a building wall is within the area bounded by two intersecting #street lines# and lines parallel to and 70 feet from such #street lines#.
(ii) Where such #development# or #enlargement# is adjacent to a #public park#, such setback may be provided at grade for all portions of #buildings# outside of the area bounded by two intersecting #street lines# and lines parallel to and 70 feet from such #street lines#, provided that any area unoccupied by a #building# shall be improved to Department of Transportation standards for sidewalks, shall be at the same level as the adjoining public sidewalks, and shall be accessible to the public at all times.
(d) Maximum building height
No #building or other structure# shall exceed the maximum building height specified in Table A of this Section for #buildings# in contextual districts, or Table B for #buildings# in non-contextual districts, except as provided in this paragraph, (d), inclusive:
C6-3D C6-4X
In the districts indicated, any #building# or #buildings#, or portions thereof, which in the aggregate occupy not more than 40 percent of the #lot area# of a #zoning lot# (or, for #zoning lots# of less than 20,000 square feet, the percentage set forth in the table in Section 33-454) above a height of 85 feet above the #base plane#, is hereinafter referred to as a tower. Dormers permitted within a required setback area pursuant to paragraph (a) of this Section shall not be included in tower #lot coverage#. Such tower or towers may exceed a height limit of 85 feet above the #base plane#, provided:
(1) at all levels, such tower is set back from the #street wall# of a base at least 15 feet along a #narrow street#, and at least 10 feet along a #wide street#, except such dimensions may include the depth of any permitted recesses in the #street wall#;
(2) the base of such tower complies with the #street wall# location provisions of paragraph (b) of this Section, and the setback provisions of paragraph (c) of this Section; and
(3) the minimum coverage of such tower above a height of 85 feet above the #base plane# is at least 33 percent of the #lot area# of the #zoning lot#; however, such minimum coverage requirement shall not apply to the highest 40 feet of such tower.
(4) In C6-3D Districts, the highest four #stories#, or as many #stories# as are located entirely above a height of 165 feet, whichever is less, shall have a #lot coverage# of at least 50 percent of the #story# immediately below such #stories#, and a maximum #lot coverage# of 80 percent of the #story# immediately below such #stories#. Such reduced #lot coverage# shall be achieved by one or more setbacks on each face of the tower, where at least one setback on each tower face has a depth of at least four feet, and a width that, individually or in the aggregate, is equal to at least 10 percent of the width of such respective tower face. For the purposes of this paragraph, each tower shall have four tower faces, with each face being the side of a rectangle within which the outermost walls of the highest #story# not subject to the reduced #lot coverage# provisions have been inscribed. The required setbacks shall be measured from the outermost walls of the #building# facing each tower face. Required setback areas may overlap.
(5) In C6-3D Districts, for towers fronting on elevated rail lines, the outermost walls of each #story# located entirely above a height of 85 feet shall be inscribed within a rectangle. The maximum length of any side of such rectangle that is parallel or within 45 degrees of being parallel to such elevated rail line shall be 125 feet, or 75 percent of the frontage of the #zoning lot# along such elevated rail line, whichever is less.
Dormers permitted within a required setback area pursuant to paragraph (a) of this Section shall not be included in tower #lot coverage#.
C1-6A C1-7A C1-8A C1-8X C1-9A C2-6A C2-7A C2-7X C2-8A C4-2A C4-3A C4-4A C4-4D C4-5A C4-5D C4-5X C4-6A C4-7A C5-1A C5-2A C6-2A C6-3A C6-3D C6-3X C6-4A C6-4X
(e) Additional regulations
In the districts indicated, and in C1 or C2 Districts when mapped within R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X, R10A or R10X Districts, and in other #Commercial Districts# where the #residential# portion of a #mixed building# is #developed# or #enlarged# pursuant to the Quality Housing Program, the following additional provisions shall apply to all #developments# or #enlargements#:
* * *
(5) In C6-3D Districts, where a #building# on an adjacent #zoning lot# has #dwelling unit# windows located within 30 feet of a #side lot line# of the #development# or #enlargement#, an open area extending along the entire length of such #side lot line# with a minimum width of 15 feet shall be provided. Such open area may be obstructed only by the permitted obstructions set forth in Section 33-23 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).
TABLE A
HEIGHT AND SETBACK FOR BUILDINGS
IN CONTEXTUAL DISTRICTS
|
District |
Minimum Base Height |
Maximum Base Height |
Maximum Building Height |
|
C1 or C2 mapped in R6B |
30 |
40 |
50 |
|
C1 or C2 mapped in R6A C4-2A C4-3A |
40 |
60 |
70 |
|
C1 or C2 mapped in R7B |
40 |
60 |
75 |
|
C1 or C2 mapped in R7A C1-6A C2-6A C4-4A C4-5A |
40 |
65 |
80 |
|
C1 or C2 mapped in R7D C4-5D |
60 |
85 |
100 |
|
C1 or C2 mapped in R7X C4-5X |
60 |
85 |
125 |
|
C1 or C2 mapped in R8B |
55 |
60 |
75 |
|
C1 or C2 mapped in R8A C1-7A C4-4D C6-2A |
60 |
85 |
120 |
|
C1 or C2 mapped in R8X |
60 |
85 |
150 |
|
C1 or C2 mapped in R9A** C1-8A** C2-7A** C6-3A** |
60 |
95 |
135 |
|
C1 or C2 mapped in R9A* C1-8A* C2-7A* C6-3A* |
60 |
102 |
145 |
|
C1 or C2 mapped in R9D C6-3D |
60 |
85**** |
*** |
|
C1 or C2 mapped in R9X** C1-8X** C2-7X** C6-3X** |
60 |
120 |
160 |
|
C1 or C2 mapped in R9X* C1-8X* C2-7X* C6-3X* |
105 |
120 |
170 |
|
C1 or C2 mapped in R10A** C1-9A** C2-8A** C4-6A** C4-7A** C5-1A** C5-2A** C6-4A** |
60 |
125 |
185 |
|
C1 or C2 mapped in R10A* C1-9A* C2-8A* C4-6A* C4-7A* C5-1A* C5-2A* C6-4A* |
125 |
150 |
210 |
|
C1 or C2 mapped in R10X C6-4X |
60 |
85 |
*** |
------
* Refers to that portion of a district which is within 100 feet of a #wide street#
** Refers to that portion of a district on a #narrow street#, except within a distance of 100 feet from its intersection with a #wide street#
*** #Buildings# may exceed a maximum base height of 85 feet in accordance with paragraph (d) of this Section
**** For #developments# or #enlargements# that front upon an elevated rail line, the maximum base height shall be 25 feet.
* * *
35-31
Maximum Floor Area Ratio for Mixed Buildings
C1 C2 C3 C4 C5 C6
In all districts, except as set forth in Section 35-311, the provisions of this Section shall apply to any #zoning lot# containing a #mixed building#.
The maximum #floor area ratio# permitted for a #commercial# or #community facility use# shall be as set forth in Article III, Chapter 3, and the maximum #floor area ratio# permitted for a #residential use# shall be as set forth in Article II, Chapter 3, provided the total of all such #floor area ratios# does not exceed the greatest #floor area ratio# permitted for any such #use# on the #zoning lot#. However, in C4-7 Districts within Community District 7 in the Borough of Manhattan, such maximum #residential floor area ratio# may be increased pursuant to the provisions of Section 23-90 (INCLUSIONARY HOUSING).
In the designated areas set forth in Section 23-922 (#Inclusionary Housing designated areas#), except within Waterfront Access Plan BK-1, and in Community District 1, Brooklyn, in R6 Districts without a letter suffix, the maximum #floor area ratio# permitted for #zoning lots# containing #residential# and #commercial# or #community facility uses# shall be the base #floor area ratio# set forth in Section 23-942 for the applicable district. However, in #Inclusionary Housing designated areas# mapped within C4-7, C5-4, C6-3D and C6-4 districts, the maximum base #floor area ratio# for #zoning lots# containing #residential# and #commercial# or #community facility uses# shall be either the base #floor area ratio# set forth in Section 23-942 plus an amount equal to 0.25 times the non-#residential floor area ratio# provided on the #zoning lot#, or the maximum #floor area ratio# for #commercial uses# in such district, whichever is lesser.
Such The maximum base #floor area ratio# in #Inclusionary Housing designated areas# may be increased to the maximum #floor area ratio# set forth in such Section 23-942 only through the provision of #lower income housing# pursuant to Section 23-90 (INCLUSIONARY HOUSING).
A non-#residential use# occupying a portion of a #building# that was in existence on December 15, 1961, may be changed to a #residential use# and the regulations on maximum #floor area ratio# shall not apply to such change of #use#.
* * *
Article III
Chapter 6
Accessory Off-Street Parking and Loading Regulations
* * *
36-52
Size and Location of Spaces
* * *
C1-6A C1-7A C1-8A C1-8X C1-9A C2-6A C2-7A C2-7X C2-8A C4-2A C4-3A C4-4A C4-4D C4-5A C4-5D C4-5X C4-6A C4-7A C5-1A C5-2A C6-2A C6-3A C6-3D C6-4A C6-4X
(b) Location of parking spaces in certain districts
In the districts indicated, and in C1 and C2 Districts mapped within R5D, R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X, R10A and R10X Districts, #accessory# off-street parking spaces shall not be located between the #street wall# of a #building# and any #street line# that is coincident with the boundary of a #Commercial District# mapped along an entire blockfront. Where a #zoning lot# is bounded by more than one #street line# that is coincident with the boundary of a #Commercial District# mapped along an entire blockfront, this provision need not apply along more than one #street line#.
* * *
Article III
Chapter 7
Special Urban Design Regulations
* * *
37-38
Sidewalk Widening in Certain Districts
C6-3D
In the district indicated, and in C1 or C2 districts mapped within an R9D district, for #developments# or #enlargements# on #zoning lots# fronting upon #wide streets#, or fronting upon #narrow streets# that include an elevated rail line, sidewalks, with a minimum depth of 20 feet measured perpendicular to the curb of the #street#, shall be provided along such entire #street# frontages of the #zoning lot#. In locations where the width of the sidewalk within the #street# is less than 20 feet, a sidewalk widening shall be provided on the #zoning lot# so that the combined width of the sidewalk within the #street# and the sidewalk widening equals 20 feet. However, existing #buildings# to remain on the #zoning lot# need not be removed in order to comply with this requirement. All sidewalk widenings shall be improved to Department of Transportation standards for sidewalks, shall be at the same level as the adjoining public sidewalks, and shall be accessible to the public at all times. In addition, the provisions of paragraph (f) of Section 37-53 (Design Standards for Pedestrian Circulation Spaces), subparagraphs (2) through (5) shall apply.
37-40
Off-Street Relocation or Renovation of a Subway Stair
Where a #development# or #enlargement# is constructed on a #zoning lot# of 5,000 square feet or more of #lot area# that fronts on a portion of a sidewalk containing a stairway entrance or entrances into a subway station located within the #Special Midtown District# as listed in Section 81-46, the #Special Lower Manhattan District# as listed in Section 91-43, the #Special Downtown Brooklyn District# as listed in Section 101-43, the #Special Union Square District# as listed in Section 118-60 and those stations listed in the following table, the existing entrance or entrances shall be relocated from the #street# onto the #zoning lot#. The new entrance or entrances* shall be provided in accordance with the provisions of this Section.
A relocated subway stair or a subway stair that has been renovated in accordance with the provisions of Section 37-50 (Requirements for Pedestrian Circulation Space) may be counted as pedestrian circulation space pursuant to Section 37-50.
|
Station |
Line |
|
8th Street |
BMT-Broadway |
|
23rd Street |
BMT-Broadway |
|
23rd Street |
IRT-Lexington Ave. |
|
28th Street |
IRT-Lexington Ave. |
|
33rd Street |
IRT-Lexington Ave. |
|
34th Street |
IND-8th Avenue |
|
59th Street |
IRT-Lexington Ave. |
|
Lexington Avenue-60th St. |
BMT-Broadway |
|
161st Street |
IND-6th Avenue |
* Provision of a new subway entrance or entrances pursuant to the requirements of this Section may also require satisfaction of additional obligations under the Americans for Disabilities Act of 1990 ( ADA), including the ADA Accessibility Guidelines. The New York City Transit Authority should be consulted with regard to any such obligations.
* * *
APPENDIX F
INCLUSIONARY HOUSING DESIGNATED AREAS
The boundaries of #Inclusionary Housing designated areas# are shown on the maps listed in this Appendix F. The #Residence Districts# listed for such areas shall include #Commercial Districts# where #residential buildings# or the #residential# portion of #mixed buildings# are governed by #bulk# regulations of such #residence districts#.
* * *
In the R8A and R9D Districts within the areas shown on the following Map 2:
Portion of Community District 4, The Bronx
* * *
Adopted.
Office of the City Clerk, }
The City of New York, } ss.:
I hereby certify that the foregoing is a true copy of a Resolution passed by The Council of The City of New York September 30, 2009, on file in this office.
...…….........................................
City Clerk, Clerk of The Council