11-10
ESTABLISHMENT AND SCOPE OF CONTROLS, ESTABLISHMENT OF DISTRICTS, AND INCORPORATION OF MAPS

11-12
Establishment of Districts

11-122
Districts established

[ALIGNING WITH PROPOSAL TO INCLUDE ADDITIONAL HOUSING TYPES IN EXISTING DISTRICTS AND CREATE NEW DISTRICTS]

In order to carry out the purposes and provisions of this Resolution, the following districts are hereby established:

Residence Districts

• R6 General Residence District
• R6-1 General Residence District
• R6A General Residence District
• R6B General Residence District
• R6D General Residence District
•  
• R7-1 General Residence District
• R7-2 General Residence District
• R7-3 General Residence District
• R7A General Residence District
• R7B General Residence District
• R7D General Residence District
• R7X General Residence District
• R8 General Residence District
• R8A General Residence District
• R8B General Residence District
• R8X General Residence District
•  
• R9 General Residence District
• R9-1 General Residence District
• R9A General Residence District
• R9D General Residence District
• R9X General Residence District
•  
• R10 General Residence District
• R10A General Residence District
• R10H General Residence District
• R10X General Residence District
•  
• R11 General Residence District
• R11A General Residence District
•  
• R12 General Residence District

Commercial Districts

• C4-1 General Commercial District
• C4-2 General Commercial District
• C4-2A General Commercial District
• C4-2F General Commercial District
• C4-3 General Commercial District
• C4-3A General Commercial District
• C4-4 General Commercial District
• C4-4A General Commercial District
• C4-4D General Commercial District
• C4-4L General Commercial District
• C4-5 General Commercial District
• C4-5A General Commercial District
• C4-5D General Commercial District
• C4-5X General Commercial District
• C4-6 General Commercial District
• C4-6A General Commercial District
• C4-7 General Commercial District
• C4-7A General Commercial District
• C4-8 General Commercial District
• C4-9 General Commercial District
• C4-11 General Commercial District
• C4-11A General Commercial District
• C4-12 General Commercial District

• C6-1 General Central Commercial District
• C6-1A General Central Commercial District
• C6-1G General Central Commercial District
• C6-2 General Central Commercial District
• C6-2A General Central Commercial District
• C6-2G General Central Commercial District
• C6-2M General Central Commercial 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
• C6-4 General Central Commercial District
• C6-4.5 Restricted Central Commercial District
• C6-4A General Central Commercial District
• C6-4M General Central Commercial District
• C6-4X General Central Commercial District
• C6-5 General Central Commercial District
• C6-5.5 Restricted Central Commercial District
• C6-6 General Central Commercial District
• C6-6.5 Restricted Central Commercial District
• C6-7 General Central Commercial District
• C6-7.5 Restricted Central Commercial District
• C6-7T Restricted Central Commercial District
• C6-8 General Central Commercial District
• C6-9 General Central Commercial District
• C6-11 General Central Commercial District
• C6-12 General Central Commercial District

Special Purpose Districts

[UPDATING CROSS REFERENCES]

Establishment of Special Limited Commercial District

In order to carry out the special purposes of this Resolution as set forth in Article VIII, Chapter 3, the #Special Limited Commercial District# is hereby established.

Establishment of Limited Height Districts

The following are hereby established as #Limited Height Districts# to which the provisions of Sections 23-691,paragraph (c) of Section 23-444 (Special provisions in other geographies), Sections 24-591, or 33-491 or 43-49 (Limited Height Districts) shall apply either directly or in other provisions of this Resolution, where they are incorporated by cross-reference:

• LH-1 Limited Height District No. 1
• LH-1A Limited Height District No. 1A
• LH-2 Limited Height District No. 2
• LH-3 Limited Height District No. 3

Establishment of the Special Lincoln Square District

In order to carry out the special purposes of this Resolution as set forth in Article VIII, Chapter 2, the #Special Lincoln Square District# is hereby established.

11-30
BUILDING PERMITS ISSUED BEFORE EFFECTIVE DATE OF AMENDMENT

11-31
General Provisions

For the purposes of Section 11-33, relating to Building Permits Issued before Effective Date of Amendment to this Resolution, the following terms and general provisions shall apply:

1. (a)A lawfully issued building permit shall be a building permit which is based on an approved application showing complete plans and specifications, authorizes the entire construction and not merely a part thereof, and is issued prior to any applicable amendment to this Resolution. In case of dispute as to whether an application includes "complete plans and specifications" as required in this Section, the Commissioner of Buildings shall determine whether such requirement has been met.
2. (b)The rights set forth in these Sections shall be retained only if all modifications, made in such plans after the effective date of any applicable amendment to this Resolution, do not create a new #non-compliance# or #non-conformity# or increase the degree of #noncompliance# or #non-conformity# with the provisions of this Resolution, as amended.
3. (c)For the purposes of this paragraph (c), #abutting buildings# on a single #zoning lot# shall be considered to be a single #building#. As used in Section 11-33 (Building Permits for Minor or Major Development or Other Construction Issued before Effective Date of Amendment):
4. 1. (1)“minor development” shall include:

11-40
EXCEPTIONS, VARIANCES, AUTHORIZATION OR PERMITS

11-46
Authorizations or Special Permits Filed Prior to [date of adoption]

[NEW TEXT]

If, on or before [date of adoption], an application for an authorization or special permit has been certified or referred by the City Planning Commission or has been filed with the Board of Standards and Appeals, such application may continue pursuant to the rules in effect at the time such authorization or special permit was certified or referred by the Commission or filed with the Board. Such authorizations or special permits, if granted by the Commission or Board, may be started or continued, in accordance with the terms thereof, or as such terms may be subsequently modified, pursuant to the regulations in effect at the time such authorizations or special permits were certified or referred by the Commission or filed with the Board.

11-50
SEPARABILITY

12-10
DEFINITIONS

Words in the text or tables of this Resolution which are italicized shall be interpreted in accordance with the provisions set forth in this Section.

accessory use, or accessory

An “accessory use”:

1. (a)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. (b)is a #use# which is clearly incidental to, and customarily found in connection with, such principal #use#; and
3. (c)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#.

An #accessory use# may serve principal #uses# located on #zoning lots# other than the one on which the #accessory use# is located, where both such #zoning lots# constitute, or are part of, a group of #zoning lots# containing such principal #uses#, which are contiguous or would be contiguous but for the separation of #streets#, and are under same single fee ownership or alternate ownership arrangement. In such cases, the evaluation of whether the #accessory use# is clearly incidental to the principal #uses# shall consider all #zoning lots# containing such principal #uses#.

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. (1)Living or sleeping accommodations for servants in connection with a #use# listed in Use Groups II;
2. (2)Living or sleeping accommodations for caretakers in connection with any #use# listed in other Use Groups, provided that:
3. 1. (i)no #building# contains more than one living or sleeping accommodation for caretakers;
   2. (ii)no such living or sleeping accommodation shall exceed 1,200 square feet of #floor area#;
   3. (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;
   4. (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
   5. (v)such living or sleeping accommodation shall not be considered a #residential use# or cause a #building# to be considered a #mixed building#.
4. (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:
5. 1. (i)no #building# contains more than two kitchens; and
   2. (ii)no such living or sleeping accommodations are located in a C7, C8 or #Manufacturing District#.
6. (4)Keeping of domestic animals, but not for sale or hire. A #commercial# stable or kennel is not an #accessory use#.
7. (5)Swimming pools not located within a #building# listed in Use Group II, provided that:
8. 1. (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;
   2. (ii) if #accessory# to a #use# listed in Use Group II, except if such #use# is a #singlefamily# or #two-family residence#, the edge of the pool shall be located not less than 100 feet from any #lot line#;
   3. (iii)(ii) if #accessory# to a #use# listed in 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
   4. (iv)(iii) illumination of such pools shall be limited to underwater lighting. Swimming pool clubs are not #accessory uses#.
9. (6)Domestic or agricultural storage in a barn, shed, tool room, or similar #building or other structure#
10. (7)#Home occupations#.
11. (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.
12. (9)Incinerators.
13. (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.
14. (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.
15. (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.
16. (13)#Accessory# off-street parking spaces.
17. (14)#Accessory# off-street loading berths.
18. (15)#Accessory signs#.
19. (16)#Accessory# radio or television towers.
20. (17)#Accessory# activities when conducted underground as part of the operation of railroad passenger terminals, such as switching, storage, maintenance or servicing of trains.
21. (18)#Accessory# sewage disposal plants, except such plants serving more than 50 #dwelling units#.
22. (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.
23. (20)Composting, without prohibition on the sale of compost to customers, or on the acceptance of organic material produced on another zoning lot.
24. (21)#Accessory# mechanical equipment, including equipment serving the following #building# systems:
25. 1. (i)mechanical, electrical, or plumbing systems;
    2. (ii)mechanical, electrical, or plumbing systems;
    3. (iii)mechanical, electrical, or plumbing systems;
    4. (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.

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

affordable independent residence for seniors

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) 27-00 (ADMINISTRATION).

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# Section 23-63 (Required Recreation Space in Multi-family 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.

aggregate width of street walls

ancillary dwelling unit

[NEW TERM]

An “ancillary dwelling unit” is an additional #dwelling unit#, permitted on the same #zoning lot# as a #single-# or #two-family residence# that does not exceed eight hundred square feet of #floor area#. Only one #ancillary dwelling unit# shall be permitted per every #single-# or #two-family residence# on a #zoning lot#. In the #high-risk flood zone#, as defined in Section 64-11, no #ancillary dwelling unit# shall be permitted in a #basement# or #cellar#.

apartment hotel — see Hotel, apartment

Block

A “block” is a tract of land bounded by:

1. (a)#streets#;
2. (b)#public parks#;
3. (c)#railroad rights-of-way or transit tracks, when located at or above ground level but not including sidings or spurs in the same ownership as the #zoning lot#;
4. (d)airport boundaries;
5. (e)pierhead lines (or shorelines where no pierhead lines have been established); or
6. (f)corporate boundary lines of New York City.

dwelling unit

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.

Where a particular regulation of this Resolution applies to #dwelling units# in a #building# that is for #residences# other than #single-# or #two-family residences#, such provisions shall also apply to #rooming units#, unless specifically stated.

Expanded Transit Zone

[TERM BEING ESTABLISHED IN CITY OF YES FOR ECONOMIC OPPORTUNITY THAT WILL BE REPLACED BY #INNER TRANSIT ZONE#]

The “expanded Transit Zone” shall include:

1. (a) the #Manhattan Core#, as defined in Section 12-10, with the exception of Governors Island and Roosevelt Island;
2. (b) the #Transit Zone#, as defined in Section 12-10; and
3. (c) the #Long Island City area#, as defined in Section 16-02.

family

A “family” is either:

1. (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
2. (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
3. (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 “family” is either a person occupying a dwelling and maintaining a household, with not more than four boarders, roomers or lodgers, or two or more persons occupying a dwelling, living together and maintaining a common household, with not more than four boarders, roomers or lodgers. A “boarder,” “roomer” or “lodger” residing with a family shall mean a person living within the household who pays a consideration for such residence and does not occupy such space within the household as an incident of employment therein.

fire wall

floor area

“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:

1. (a)#basement# space, except as specifically excluded in this definition;
2. (b)elevator shafts or stairwells at each floor, except as specifically excluded in this definition;
3. (c)floor space in penthouses;

   [UPDATING TO REFLECT THE REMOVAL OF THE ATTIC BONUS AND BROADER FLOOR AREA CHANGES IN LOW-DENSITY AREAS]

4. (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 #twofamily 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#; eight feet or more;
5. (e)floor space in gallerias, interior balconies, mezzanines or bridges;
6. (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;
7. (g) any other floor space used for dwelling purposes, no matter where located within a #building#, when not specifically excluded;

8. [REMOVING REFERENCE TO #ACCESSORY OFF-STREET PARKING# AS THIS INLINE PHRASE CREATES CONFUSION. EXEMPTIONS FROM FLOOR AREA ARE CONSOLIDATED IN THE “#FLOOR AREA# OF A #BUILDING# SHALL NOT INCLUDE” PORTION OF THIS DEFINITION]

9. (h) floor space in #accessory buildings#, except for floor space used for #accessory# offstreet parking or #accessory# mechanical equipment;

10. [REMOVING , SINCE FLOOR SPACE OCCUPIED BY ACCESSORY OFF-STREET PARKING ALWAYS COUNTS AS FLOOR AREA, EXCEPT AS SPECIFICALLY EXCLUDED IN THE “#FLOOR AREA# OF A #BUILDING# SHALL NOT INCLUDE” PORTION OF THIS DEFINITION]

11. (i) floor space used for #accessory# off-street parking spaces provided in any #story# after June 30, 1989:
12. 1. (1) within #detached# or #semi-detached single-# or #two-family residences# in R1- 2A, R2A, R2X, R3, R4 or R5 Districts, except that:
    2. 1. (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
       2. (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;
    3. (2) within #buildings# containing #residences developed# or #enlarged# pursuant to the optional regulations applicable in a #predominantly built-up area#;
    4. (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:
    5. 1. (i)#curb level#; or
       2. (ii)grade existing on June 7, 1989;
    6. (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#;
    7. (5) which is located more than 23 feet above #curb level# in any other #building#;
    8. (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;
13. (j)(i) floor space used for #accessory# off-street loading berths in excess of 200 percent of the amount required by the applicable district regulations;
14. (k)(j) floor space that is not otherwise exempt pursuant to this Section and is, or is made, inaccessible within a #building#;

15. [ADDING ALLOWANCE FOR SAFETY GLASS, PER PROPOSAL. SYNCING VARIOUS HEIGHT ALLOWANCES WITH PERMITTED OBSTRUCTIONS]

16. (l)(k) 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. parapets, railings or safety guards meeting the following criteria shall not constitute an enclosure:
17. 1. (1) parapets shall not exceed four feet in height;
    2. (2) railings shall not exceed 4 feet, 6 inches, and shall be at least 50 percent open; and
    3. (3) safety guards shall not exceed 10 feet in height and shall be at least 90 percent transparent for the portion that exceeds four feet in height. In addition, where such balcony or terrace has a roofed portion above it, there shall be an opening that is not less than 40 percent of the height between the bottom of the roof and the finished floor level of such balcony,

    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

18. (m)(l)any other floor space not specifically excluded.

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

1. 1. (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. (2) elevator or stair bulkheads, #accessory# water tanks, or cooling towers, except that such exclusions shall not apply in R2A Districts;
   3. (3) uncovered steps;

      [UPDATING TO REFLECT THE REMOVAL OF THE ATTIC BONUS AND BROADER FLOOR AREA CHANGES IN LOW-DENSITY AREAS]

   4. (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. eight feet; 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. (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. (6)floor space used for #accessory# off-street parking spaces provided in any #story#:

   7. [SIMPLIFYING PARKING EXEMPTIONS TO REFLECT ELIMINATION OF PARKING REQUIREMENTS FOR NEW RESIDENCES, CONSISTENT WITH PROJECT GOALS.]

   8. 1. 1. (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;
         2. (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:
         3. 1. (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. (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;
         4. (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#;
         5. 1. (i) up to 300 square feet per #zoning lot#, on #zoning lots# where individual parking spaces accessory to #residential# #uses# are provided;
            2. (iv)
            3. (ii) within #group parking facilities# 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#; or
            5. (iii) within #automated parking facilities# located not more than 40 feet above #curb level#, except where such floor space used for #accessory# parking is contained within a #public parking garage#;
            7. (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#;
   9. (7)floor space used for #accessory# off-street loading berths, up to 200 percent of the amount required by the applicable district regulation;
   10. (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#;
   11. (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:
   12. 1. (i) such #building# contains not more than two #stories# above such #story#;
       2. (ii) such #story# and the #story# immediately above it are portions of the same #dwelling unit#;
       3. (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
       4. (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;
   13. (10)

   14. [ADDING ALLOWANCE FOR SAFETY GLASS, PER PROPOSAL. SYNCING VARIOUS HEIGHT ALLOWANCES WITH PERMITTED OBSTRUCTIONS]

   15. (9)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 parapets, railings or safety guards meeting the following criteria shall not constitute an enclosure:
   16. 1. (i)a parapet not higher than 3 feet, 8 inches, or parapets shall not exceed four feet in height;
       2. (ii)a railing not less than 50 percent open and not higher than 4 feet, 6 inches, railings shall not exceed 4 feet, 6 inches, and shall be at least 50 percent open; and
       3. (iii)safety guards shall not exceed 10 feet in height and shall be at least 90 percent transparent for the portion that exceeds four feet in height. In addition, where such balcony or terrace has a roofed portion above it, there shall be an opening that is not less than 40 percent of the height between the bottom of the roof and the finished floor level of such balcony,

       4. 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;

   17. (11)
   18. (10) floor space within stairwells:
   19. 1. (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:
       2. 1. (a)such stairwells are located on a #story# containing #residences#;
          2. (b)such stairwells are used as a required means of egress from such #residences#;
          3. (c)such stairwells have a minimum width of 44 inches;
          4. (d)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. (e)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#;
       3. (ii)at each floor of #buildings# #developed# or #enlarged# after April 28, 2015, that are 420 feet or greater in height, provided that:
       4. 1. (a)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. (b)such floor space excluded from #floor area# shall be limited to:
          3. 1. (1)such floor space excluded from #floor area# shall be limited to:
             2. (2)such floor space excluded from #floor area# shall be limited to:

       5. [EXEMPTING FDNY STORAGE SPACE IN TALL RESIDENTIAL BUILDINGS]

   20. (11)floor space used for the storage of equipment by the Fire Department pursuant to the New York City Fire Code, Section 511.7 (Storage space for pre-positioned department equipment) in #stories# of #buildings# #developed# or #enlarged# after [date of adoption] that are 420 feet or greater in height and are Group R-2 occupancies;
   21. (12)#qualifying exterior wall thickness#;
   22. (13)floor space in a #qualifying rooftop greenhouse#;
   23. (14)floor space on a sun control device, where such space is inaccessible other than for maintenance;
   24. (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

former railroad right-of-way, see #railroad right-of-way, former#

Greater Transit Zone, see #Transit Zone, Greater#

group parking facility

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:

1. (a)an open parking area;
2. (b)parking spaces included within, or on the roof of, a #building# not primarily used for parking; or
3. (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.

height factor building

[NEW TERM]

A “height factor building” is a #building# in R6 through R9 Districts without a letter suffix utilizing the alternative #bulk# regulations set forth in Section 23-70 of this Resolution.

Where #buildings# utilize the optional #sky exposure plane# regulations to govern height and setback, all provisions for #height factor buildings# shall apply, including the alternative #floor area ratio# and minimum #open space ratio# regulations.

Inclusionary Housing designated 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) 27-00 (ADMINISTRATION), inclusive. The locations of #Inclusionary Housing designated areas# are identified in APPENDIX F of this Resolution or in Special Purpose Districts, as applicable.

income-restricted housing unit

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) 27-00 (ADMINISTRATION), 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 27-00.

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, determined on the basis of a reduced requirement for income-restricted housing 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

Inner Transit Zone, see #Transit Zone, Inner#

interior lot

Limited Height District

[UPDATING CROSS-REFERENCES]

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 23-444 (Special provisions in other geographies), 24-591, or 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.

loft dwelling

[REMOVING, AS THIS TERM WILL BE HOUSED SOLELY IN ARTICLE XI, CHAPTER 1, (SPECIAL TRIBECA MIXED USE DISTRICT)]

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).

lot area per dwelling unit

[REMOVING OBSOLETE TERM]

“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

[REMOVING OBSOLETE TERM]

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

lot, corner

lower density growth management area

[REMOVING LDGMA PARKING PROVISIONS, PER PROPOSAL]

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.

Mandatory Inclusionary Housing area

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) 27-00 (ADMINISTRATION), inclusive. The locations of #Mandatory Inclusionary Housing areas# are identified in APPENDIX F of this Resolution or in Special Purpose Districts, as applicable.

Manhattan Core

Non-qualifying ground floor

[REMOVING TERM, AS WILL BE MADE REDUNDANT BY STREETSCAPE PROPOSAL IN CITY OF YES FOR ECONOMIC OPPORTUNITY TEXT AMENDMENT]

A “non-qualifying ground floor” shall refer to a ground floor of a #development# or #enlargement# of a #Quality Housing building# that does not meet the requirements for a #qualifying ground floor#.

non-residential building

A “non-residential building” is a #building# containing no #residences#.

Outer Transit Zone, see #Transit Zone, Outer#

plaza

predominantly built-up area

[REMOVING PREDOMINANTLY BUILT-UP AREA PROGRAM, PER PROPOSAL]

A “predominantly built-up area” is a #block# entirely within R4 or R5 Districts, including a #Commercial District# mapped within such #Residence Districts#, having a maximum area of four acres with #buildings# on #zoning lots# comprising 50 percent or more of the area of the #block#. However, a #predominantly built-up area# shall not include a #block# which is located partly in an R4A, R4-1, R4B, R5B or R5D District.

All such #buildings# shall have certificates of occupancy or other evidence acceptable to the Commissioner of Buildings issued not less than three years prior to the date of application for a building permit. Special optional regulations applying only to #zoning lots# of not more than 1.5 acres in a #predominantly built-up area# are set forth in the following Sections:

Section 23-143       (Optional regulations for predominantly built-up areas)

Section 23-22         (Maximum Number of Dwelling Units)

Section 23-44         (Permitted Obstructions in Required Yards or Rear Yard Equivalents)

Section 23-631       (General provisions)

Section 25-22         (Requirements Where Individual Parking Facilities Are Provided)

Section 25-23         (Requirements Where Group Parking Facilities Are Provided)

The regulations applicable to a #predominantly built-up area# shall not apply to any #zoning lot# occupied as of October 21, 1987, by a #single-# or #two-family detached# or #semi-detached residence# where 75 percent or more of the aggregate length of the #block# fronts in #residential use#, on both sides of the #street# facing each other, are occupied by such #residences# as of October 21, 1987. However, the regulations applicable to a #predominantly built-up area# may apply to such #zoning lots# where 75 percent or more of the aggregate length of the #block# fronts facing each other, on both sides of the #street#, is comprised of #zoning lots# occupied as of October 21, 1987, by #commercial# or #manufacturing uses#.

Furthermore, the regulations applicable to a #predominantly built-up area# shall continue to apply in the #Special Coney Island Mixed Use District# and the #Special Ocean Parkway District#, and in areas subject to the provisions of paragraph (d) of Section 23-16 (Special Floor Area and Lot Coverage Provisions for Certain Areas).

prevailing street wall frontage

[NEW TERM FOR CERTAIN STREET WALL LOCATION RELAXATIONS]

A “prevailing street wall frontage” shall refer to #block# frontages where, within 150 feet of the #street wall# of a subject #building#, at least 50 percent of the #aggregated width of street walls# on the same side of the #block# are within two feet of the average distance of such #street walls# from the #street line#.

Primary entrance

qualifying ground floor

[REMOVING TERM, AS WILL BE MADE REDUNDANT BY STREETSCAPE PROPOSAL IN CITY OF YES FOR ECONOMIC OPPORTUNITY TEXT AMENDMENT]

A “qualifying ground floor” shall refer to the ground floor of a #development# or #enlargement# of a #Quality Housing building# on a #zoning lot#, or portion thereof, where:

1. (a)the level of the finished floor of the second #story# is 13 feet or more above the level of the adjoining sidewalk; and
2. (b)for #buildings# in the following Districts that do not meet the criteria set forth in paragraph (a) of Section 23-664, such ground floor provides supplemental ground floor enhancements in accordance with paragraph (b)(2) of Section 23-662 or paragraph (b)(2) of Section 35-652, as applicable:
3. 1. (1)R6A, R6B, R7A, R7D, R7X, R8A, R8X, R9X or R10A Districts located outside the #Manhattan Core#; or
   2. (2)#Commercial Districts# mapped within, or with a residential equivalent of, R6A, R6B, R7A, R7D, R7X, R8A, R8X, R9X or R10A Districts located outside the #Manhattan Core#.

Quality Housing building

[QUALITY HOUSING PROGRAM BEING EXPANDED TO ALL MULTI-FAMILY BUILDINGS SO SPECIFIC TERMINOLOGY LARGELY UNNECESSARY]

A “Quality Housing building” is a #building#, #developed#, #enlarged#, #extended# or #converted#, pursuant to the Quality Housing Program as such program existed prior to [date of adoption]. The Quality Housing Program consists of specific #bulk# requirements set forth for #Quality Housing buildings# in Article II, Chapter 3 and Article III, Chapter 5. Where a #building# adheres to such #bulk# requirements, which, depending on the requirements for the zoning district, may be required or may be an option, additional standards and requirements, as set forth in Article II, Chapter 8, apply in conjunction with such #bulk# provisions for #Quality Housing buildings#.

Quality Housing building segment

A “Quality Housing building segment” is a #building segment#, #developed#, #enlarged#, #extended# or #converted# pursuant to the Quality Housing Program.

qualifying affordable housing

[NEW TERM FOR EASIER REFERENCE TO TYPOLOGIES ELIGIBLE FOR ADDITIONAL BULK FLEXIBILITY]

“Qualifying affordable housing” shall be any of the following types of #residences#:

1. (a)#MIH developments# in #Mandatory Inclusionary Housing areas#; or
2. (b)#UAP developments# as defined in Section 27-111 (General definitions).

qualifying rooftop greenhouse

qualifying senior housing

[NEW TERM FOR EASIER REFERENCE TO TYPOLOGIES ELIGIBLE FOR ADDITIONAL BULK FLEXIBILITY]

“Qualifying senior housing” shall be any of the following types of senior housing facilities:

1. (a)#affordable independent residences for seniors#; or
2. (b)#long-term care facilities#.

qualifying transit-accessible site

[NEW TERM, DEFINING ELIGIBILITY FOR NEW LOW-DENSITY PROGRAMS]

A “qualifying transit-accessible site” is a #zoning lot# that is:

1. (a)in an R1 through R5 District, and meets the following criteria:
2. 1. (1)has a minimum #lot area# of at least 5,000 square feet;
   2. (2)is located with the #Greater Transit Zone#; and
   3. (3)has frontage along a #wide street# or along the #short dimension of a block#;
3. (b)in an R1 through R5 District, is located within the #Greater Transit Zone# and contains a #community facility# #use#;
4. (c)in an R1 through R5 District outside of the #Greater Transit Zone# and contains a #community facility# #use# existing on [date of adoption];
5. (d)in a C1, C2 or C4 District mapped within, or with a #residential equivalent# of, an R1 through R5 District; or
6. (e)in an M1 District paired with an R1 through R5 District.

railroad or transit air space

[REMOVING DEFINITION, REPLACING WITH #RAILROAD RIGHT-OF-WAY#]

“Railroad or transit air space” is space directly over a railroad or transit right-of-way or yard, which right-of-way or yard was open, except for structures accommodating activities incidental to its #use# as a right-of-way or yard, and not otherwise covered over by any #building or other structure# on or after September 27, 1962.

railroad right-of-way

A “railroad right-of-way” is a tract of land where a railroad company has a right to occupy or use such land for railroad or transit tracks, freight terminals, yards or appurtenances, or facilities or services used or required in railroad operations.

railroad right-of-way, former

A “former railroad right-of-way” is a tract of land where a railroad company had a right to occupy or use such land for railroad or transit tracks, freight terminals, yards or appurtenances, or facilities or services used or required in railroad operations on the [date of adoption] and the right was subsequently abandoned or extinguished.

rear lot line

see #lot line, rear#

rear sky exposure plane

see sky exposure plane, rear

rear wall line

[REMOVING OBSOLETE TERM]

A “rear wall line” is that portion of a line drawn parallel to a #front lot line# at a distance equal to the greatest depth between the rear wall of a #building# and the #front lot line#, from which, when viewed directly from above, lines perpendicular to a #street wall line# may be drawn.

REAR WALL LINE

rear wall line level

[REMOVING OBSOLETE TERM]

“Rear wall line level” is the mean level of the natural grade at the #rear wall line#.

residence, or residential

A “residence” is one or more #dwelling units# or #rooming units#, including common spaces such as hallways, lobbies, stairways, laundry facilities, recreation areas or storage areas. A #residence# may, for example, consist of one-family or two-family houses, multiple dwellings, boarding or rooming houses, or #apartment hotels#. However, #residences# do not include:

1. (a)such transient accommodations as #transient hotels#, #motels# or #tourist cabins#, or #trailer camps#;
2. (b)#non-profit hospital staff dwellings#; or
3. (c)student dormitories, fraternity or sorority student houses, monasteries or convents, #long-term care facilities#, or other living or sleeping accommodations in #community facility buildings# or portions of #buildings# used for #community facility uses#.

“Residential” means pertaining to a #residence#.

residential equivalent

[NEW TERM TO CLARIFY BULK APPLICABILITY]

A “residential equivalent” is the applicable #Residence District# assigned to apply the #bulk# regulations for a particular #Commercial District# that permits #residences#.

residential building

rooming unit

A “rooming unit” consists of any “living room,” as defined in the Multiple Dwelling Law, in a #residential building# or a #residential# portion of a #building#, that is:

1. (a)in a “class B multiple dwelling,” a “rooming house,” or a “furnished room house” as defined in the Multiple Dwelling Law; or
2. (b)used “for class B occupancy,” as defined in the Housing Maintenance Code; or
3. (c)used for “single room occupancy,” as defined in the Multiple Dwelling Law; or
4. (d)occupied by a “boarder,” “roomer” or “lodger,” as defined in the Housing Maintenance Code, provided, however, that if not more than two such boarders, roomers or lodgers reside within a #dwelling unit#, the #room# or #rooms# occupied by such boarders, roomers or lodgers shall be counted as part of the #dwelling unit# and shall not be counted as #rooming units#; or
5. (e)any other “living room” in a #residential building# or a #residential# portion of a #building# which is not a #dwelling unit# or part of a #dwelling unit#.

rooms

“Rooms” shall consist of “living rooms,” as defined in the Multiple Dwelling Law.

semi-detached (building)

A “semi-detached” #building# is a #building# that #abuts# only one other #building#, other than an #attached building#, on an adjoining #zoning lot# along only one #side lot line# and which is surrounded on all other sides by #yards#, other open areas or #street lines#. A #detached# #ancillary dwelling unit# may not be #semi-detached#.

short dimension of a block

[NEW TERM TO APPLY CERTAIN BULK REGULATIONS]

The “short dimension of a block” shall be a #block# frontage measuring less than 230 feet in length between two intersecting #streets#.

single-family residence

[UPDATING TO PERMIT AN ANCILLARY DWELLING UNIT]

A “single-family residence” is a #building# containing only one #dwelling unit#, and occupied by only one #family#. A #single-family residence# may additionally include an #ancillary dwelling unit# in the same or an ancillary #building#.

sky exposure plane or front sky exposure plane

[REMOVING OBSOLETE REFERENCE IN TERM]

A “sky exposure plane” or “front sky exposure plane” is an imaginary inclined plane:

1. (a)beginning above the #street line# (or, where so indicated, above the #front yard line#) at a height set forth in the district regulations; and
2. (b)rising over a #zoning lot# at a ratio of vertical distance to horizontal distance set forth in the district regulations.

sky exposure plane, rear

[REMOVING OBSOLETE TERM]

A “rear sky exposure plane” is an imaginary inclined plane:

1. (a)beginning above a line at a distance from and parallel to the #street line# and at a height set forth in the district regulations; and
2. (b)rising over a #zoning lot# at a ratio of vertical distance to horizontal distance set forth in the district regulations.

Street wall line level

[REMOVING OBSOLETE TERM]

“Street wall line level” is the mean level of the natural grade at the #street wall line#. On #corner lots#, #street wall line level# is the average of the mean levels of the natural grade of each #street wall line#. On #through lots#, #street wall line level# is determined separately for each #street# frontage to a distance midway between such #streets#.

Transit Zone, Greater

[NEW TERM]

The “Greater Transit Zone” is the area comprised of both the #Inner Transit Zone# and #Outer Transit Zone#.

Transit ZoneTransit Zone, Inner

[MODIFYING EXISTING TERM]

The “Transit Zone”“Inner Transit Zone” is the area within the boundaries shown in APPENDIX I of this Resolutionwhere special parking provisions apply.

Transit Zone, Outer

[NEW TERM]

The “Outer Transit Zone” is the area outside of the #Inner Transit Zone# that is comprised of #blocks# that are wholly or partially within a half-mile of a #mass transit station#, as defined in Section 66-11.

transient hotel — see Hotel, transient

transportation-infrastructure-adjacent frontage

[NEW TERM TO ESTABLISH CERTAIN BULK RELAXATIONS]

A “transportation-infrastructure-adjacent frontage” shall refer to a #street# frontage that contains at least one of the following:

1. (a) an elevated rail line;
2. (b) an open railroad right of way;
3. (c) a limited-access expressway, freeway, parkway or highway, all of which prohibit direct vehicular access to adjoining land; or
4. (d) an elevated street located on a bridge.

two-family residence

[UPDATING TO PERMIT AN ANCILLARY DWELLING UNIT]

A “two-family residence” is a #building# containing not more than two #dwelling units#, and occupied by only two #families#. A #two-family residence# may additionally include an #ancillary dwelling unit# in the same or an ancillary #building#.

ultra low energy building

yard line, front, level (of)

[REMOVING OBSOLETE TERM WITH NO USAGE]

The “front yard line level” is the mean level of that portion of the #front yard line# from which, when viewed directly from above, lines perpendicular to the #front yard line# may be drawn to a #street wall#. On #corner lots#, the #front yard line level# is the mean of the #front yard line levels#.

FRONT YARD LINE LEVEL

yard line, rear

[REMOVING OBSOLETE TERM]

A “rear yard line” is a line drawn parallel to a #rear lot line# at a distance therefrom equal to the depth of a required #rear yard#.

yard, rear

yard, side

zero lot line building

A “zero lot line building” is a #building# that #abuts# only one #side lot line# and does not #abut# another #building# on the same or an adjoining #zoning lot# and which is surrounded on all sides but one by #yards#, other open area or #street lines# on the #zoning lot#. However, #accessory# #buildings# permitted pursuant to Section 23-44 23-341 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) may be permitted to #abut# a #zero lot line building# on an adjoining #zoning lot#. A #detached# #ancillary dwelling unit# may not be a #zero lot line building#.

13-02
Definitions

[PEDESTRIAN CIRCULATION AREAS, ATTENDANT BOOTHS, WAITING AREAS, INCLUDED IN #ACCESS ZONE#]

Access zone

For the purposes of this Chapter, an “access zone” shall refer to the portion of an #accessory# off-street parking facility, #public parking garage# or an automobile rental establishment, occupied by:

1. (a) vehicular ramps between parking levels, or between a parking level and a vehicular entrance or exit, provided that such ramps are not used as parking spaces or associated maneuvering space;
2. (b) vehicular elevators;
3. (c) required reservoir spaces;
4. (d) portions of required accessible pedestrian circulation areas or egress routes, including any associated ramps or elevators; or
5. (e) bicycle parking spaces.; or
6. (f) attendant booths or designated waiting areas.

Parking zone

For the purposes of this Chapter, a “parking zone” shall refer to the portion of an #accessory# off-street parking facility, #public parking garage# or an automobile rental establishment, occupied by permitted off-street parking spaces and associated maneuvering space, and any other portion of such parking facility not included in the #access zone#. In attended parking facilities with parking lift systems, the #parking zone# shall also include the lifted tray a vehicle is stored upon.

13-04
Applicability

13-041
Applicability of parking regulations within the Manhattan Core

The provisions of this Chapter shall apply to automotive equipment and leasing establishments listed under Use Group VI, #public parking lots# and #public parking garages# listed under Use Group IX(C), and #accessory# off-street parking facilities in the #Manhattan Core#, as follows:

1. (a) for #accessory# off-street parking facilities, #public parking garages# and #public parking lots# constructed prior to May 8, 2013, or existing #buildings# #developed# without parking, the number of parking spaces required or permitted shall be as set forth in Section 13-07 (Existing Buildings and Off-street Parking Facilities);

13-06
Previously Filed or Approved Special Permits or Authorizations

Any authorization or special permit relating to parking regulations in the #Manhattan Core# granted by the Commission or Board prior to May 8, 2013, may be started or continued, in accordance with the terms thereof, or as such terms may be subsequently modified, pursuant to the regulations in effect at the time such authorization or special permit was granted. However, any special permit granted for a parking facility in the #Manhattan Core# by the Commission or Board prior to December 15, 1961, may be continued without the need for renewal pursuant to Section 11-411 (Renewals) provided that the facts upon which the special permit was granted have not substantially changed.

All such authorizations or special permits requiring renewal shall be subject to the provisions of Sections 11-42 (Lapse of Authorization or Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution) and 11-43 (Renewal of Authorization or Special Permit).

Notwithstanding the foregoing, any subsequent modifications to such authorizations or special permits that involve an increase in the number of off-street parking spaces provided, shall be only as permitted by the applicable special permit provisions of Section 13-45 (Special Permits for Additional Parking Spaces).

13-07
Existing Buildings and Off-street Parking Facilities

The provisions of this Section shall apply to existing required or permitted #accessory# off-street parking spaces, #public parking lots# and #public parking garages#, established prior to May 8, 2013, in the #Manhattan Core#, as applicable, and to existing #buildings# #developed# without the provision of parking.

1. (a) Existing parking facilities
   
   Existing required or permitted #accessory# off-street parking spaces, #public parking lots# and #public parking garages#, established prior to May 8, 2013, shall continue to be subject to the applicable zoning district regulations in effect prior to May 8, 2013, except that:
2. 1. (1)(a) any reduction or elimination of existing #accessory# off-street parking spaces that were required under the applicable provisions in effect prior to April 29, 1982, or for public or publicly assisted housing under the applicable provisions in effect prior to May 8, 2013, shall only be allowed by authorization of the City Planning Commission pursuant to Section 13-443 (Reduction in the number of required existing parking spaces);
   2. (2)(b) any increase in the number of parking spaces in an existing parking facility or the creation of a new parking facility associated with an existing #building# #developed# without parking shall only be allowed by the Commission as follows:
   3. 1. (1) the Commission may authorize a limited increase pursuant to the provisions of Section 13-442 (Limited increase in parking spaces for existing buildings); and
      2. (2) the Commission may permit an increase in the number of off-street parking spaces beyond the thresholds of Section 13-442 only pursuant to the applicable provisions of Section 13-45 (Special Permits for Additional Parking Spaces) #enlargements#, #extensions# or any increase in the number of off-street parking spaces within such off-street parking facilities, shall only be permitted by special permit by the Commission pursuant to the applicable provisions of Section 13-45 (Special Permits for Additional Parking Spaces);
   4. (3)(c) #conversions# shall be permitted to retain all spaces in existing parking facilities. Additional #accessory# off-street parking spaces shall only be permitted by special permit by the Commission, pursuant to the applicable special permit provisions of Section 13-45; and
   5. (4)(d) an #accessory# off-street parking facility in possession of a license issued by the Department of Consumer Affairs, pursuant to Section 20-321 of the New York City Administrative Code, to maintain, operate or conduct a garage or parking lot (as defined therein) prior to January 1, 2012, may make #accessory# parking spaces available for public use in accordance with the provisions of Section 13-21 (Public Use and Off-site Parking), provided that a copy of such license is filed with the Department of Buildings. However, any increase in the number of spaces in such a facility shall only be permitted by special permit by the Commission, pursuant to the applicable provisions of Section 13-45.
3. (b) Existing #buildings# #developed# without parking
   
   Within the #Manhattan Core#, existing #buildings# #developed# without the provision of parking may add up to 15 #accessory# off-street parking spaces only where the City Planning Commission authorizes such additional spaces pursuant to the provisions of Section 13-442 (Limited increase in parking spaces for existing buildings without parking).

13-10
PERMITTED OFF-STREET PARKING IN THE MANHATTAN CORE

13-20
SPECIAL RULES FOR MANHATTAN CORE PARKING FACILITIES

13-23
Floor Area

[REPLACED BY CITYWIDE PROVISION]

The definition of #floor area# in Section 12-10 shall be modified for purposes of this Chapter, as follows: floor space used for off-street parking spaces in an #accessory# #automated parking facility# up to a height of 40 feet above #curb level# shall be exempt from the definition of #floor area# upon certification of the Chairperson of the City Planning Commission, pursuant to the provisions of Section 13-432 (Floor area exemption for automated parking facilities).

13-24  13-23
Curb Cut Restrictions

13-241  13-231
Location of curb

13-242  13-232
Maximum width of curb cuts

1. (a) #Accessory# off-street parking facilities
   
   For curb cuts accessing off-street parking spaces #accessory# to #residences# in the #Manhattan Core#, the provisions of Sections 25-631 (Location and width of curb cuts in certain districts) and 36-532 (Location and width of curb cuts accessing residential parking spaces in certain districts) shall apply, as applicable.
   
   In addition, the maximum width of a curb cut shall be 22 feet, including splays, for curb cuts accessing off-street parking spaces #accessory# to #residences# in R9 or R10 Districts, C1 and C2 Districts mapped within R9 and R10 Districts, and in all other #Commercial Districts# where, as set forth in the tables in Section 34-112 or 35-23, as applicable, the equivalent #Residence District# is R9 or R10. This maximum curb cut width of 22 feet shall also apply to curb cuts accessing off-street parking spaces #accessory# to #commercial# or #community facility# #uses#, and to curb cuts accessing off-street parking facilities with parking spaces #accessory# to a mix of #uses#.
2. (b) Automobile rental establishments
   
   For curb cuts accessing automobile rental establishments, the maximum width of a curb cut shall be 22 feet, including splays.
3. (c) #Public parking lots#
   
   For curb cuts accessing #public parking lots#, the curb cut provisions of paragraph (c) of Section 36-58 (Parking Lot Maneuverability and Curb Cut Regulations) shall apply.

13-25  13-24
Reservoir Spaces

For the purpose of determining required reservoir spaces, fractions equal to or greater than onehalf resulting from the calculations in this Section shall be considered to be one reservoir space. In no event shall the dimensions of any reservoir space be less than 18 feet long and 8 feet, 6 inches wide.

1. (b) #Automated parking facilities#
   
   For #automated parking facilities#, off-street reservoir space at the vehicle entrance shall be provided at the rate set forth in paragraph (a) of this Section.
   
   Each individual parking location where a driver is permitted to leave a vehicle for transfer to a mechanized automobile storage and retrieval unit shall constitute one reservoir space. However, the parking area designated for mechanical conveyance of the vehicle into storage, whether in an elevator or otherwise, shall not be considered a reservoir space. Additional reservoir spaces may be located where drivers queue to access such locations for vehicle transfer.
   
   In addition, the number of reservoir spaces required pursuant to this Section may be reduced where the Commissioner of Buildings determines that the operational characteristics of such #automated parking facility# warrant such a reduction.

13-26  13-25
Pedestrian Safety and Access

For all #accessory# off-street parking facilities, the following safety features shall be provided at all vehicular exit points:

1. (a) a stop sign which shall be clearly visible to drivers. Such signage shall comply with the standards set forth in the Manual of Uniform Traffic Control Devices (MUTCD) issued by the Federal Highway Administration (FHWA) for a conventional single lane road; and
2. (b) a speed bump, which shall be located within the exit lane of the parking facility. Such speed bump shall:
3. 1. (1) span the width of the vehicular travel lane;
   2. (2) have a minimum height of two inches, as measured from the adjoining grade of the exit lane, and a maximum depth of 12 inches;
   3. (3) shall be located a minimum of four feet and a maximum of eight feet beyond the #street line#, as measured perpendicular to the #street line#.

13-27  13-26
Minimum and Maximum Size of Parking Facilities

For all #accessory# off-street parking facilities and automobile rental establishments, the minimum and maximum size requirements for the #parking zone# for such parking facilities shall be set forth in this Section. The #access zone# of such parking facilities shall not have a minimum or maximum gross surface area.

For the purpose of calculating surface area in attended parking facilities with parking lift systems, the lifted tray upon which a vehicle is stored shall constitute surface area.

Such minimum and maximum #parking zone# requirements of this Section may be modified by the Chairperson of the City Planning Commission pursuant to the certification set forth in Section 13-431 (Reduction Modification of minimum facility size).

13-40
CERTIFICATIONS, AUTHORIZATIONS AND SPECIAL PERMITS IN THE MANHATTAN CORE

13-43
Certifications in the Manhattan Core

13-431
Reduction of minimum facility size
Modification of minimum facility size

An off-street parking facility in the #Manhattan Core# may provide a gross unobstructed surface area less than the minimum size required or greater than the maximum size permitted by Section 13-27 13-26 (Minimum and Maximum Size of Parking Facilities) upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings that the proposed layout of such parking facility, including, but not limited to, the arrangement of parking spaces, travel aisles and reservoir spaces, where applicable, is sufficient to accommodate the requisite vehicular navigation and turning movements associated with such a facility. In order to make such a determination, the applicant shall provide the Chairperson with dimensioned plan drawings that depict the proposed vehicular movement through the facility, including any relevant maneuverability or turning radius information.

Where the Chairperson certifies that an #accessory# off-street parking facility may be reduced in size because vehicles will be limited in length, such restriction shall be noted on the certificate of occupancy.

13-432
Floor area exemption for automated parking facilities

[REMOVING SECTION TO ALIGN WTH UNDERLYING PROPOSAL]

Floor space used for off-street parking spaces in an #accessory automated parking facility#, up to a height of 40 feet above #curb level#, shall be exempt from the definition of #floor area# upon certification of the Chairperson of the City Planning Commission to the Commissioner of Buildings that:

1. (a) the entire #automated parking facility# will be contained within a #completely enclosed# #building#;
2. (b) the portion of the #street wall# of such #automated parking facility# below a height of 14 feet, as measured above #curb level#, complies with the screening provisions of Section 13-22 (Enclosure and Screening Requirements), and the portion of the #street wall# above a height of 14 feet, will be similar in composition to the portion of the #building’s# #street wall# immediately above such #automated parking facility#, including, but not limited to, the choice of building materials and arrangement and amount thereof; and
3. (c) such #automated parking facility# is within a #building# with a #floor area ratio# of at least 2.0.

Any application for such certification shall include relevant plan, elevation and section drawings demonstrating compliance with the provisions of this Section.

A copy of an application for certification pursuant to this Section shall be sent by the Department of City Planning to the affected Community Board, which may review such proposal and submit comments to the Chairperson of the City Planning Commission. If the Community Board elects to comment on such application, it must be done within 30 days of receipt of such application. The Chairperson will not act on such application until the Community Board’s comments have been received, or the 30 day comment period has expired, whichever is earlier.

13-44
Authorizations in the Manhattan Core

13-442
Limited increase in parking spaces for existing buildings without parking

The City Planning Commission may, by authorization, allow an off-street parking facility in the #Manhattan Core# with a maximum capacity of 15 spaces in increase in the number of parking spaces in an existing parking facility or the creation of a new parking facility associated with an existing #building# #developed# without the provision of parking, provided that the conditions limitations of paragraph (a) and the findings of paragraph (b) of this Section are met.

1. (a) Conditions Limitations
   
   As a condition for approval, the parking facility shall comply with the applicable provisions of Section 13-20 (SPECIAL RULES FOR MANHATTAN CORE PARKING FACILITIES), except that such parking facility need not comply with the provisions of Section 13-22 (Enclosure and Screening Requirements).
   
   The total number of parking spaces in a parking facility, inclusive of any existing spaces, where applicable, shall not exceed what would be permitted if such facility were #developed# in accordance with the provisions of Section 13-10 (PERMITTED OFFSTREET PARKING IN THE MANHATTAN CORE). However, in no event shall the number of additional spaces authorized pursuant to this Section exceed 15 spaces.
2. (b) Findings

13-45
Special Permits for Additional Parking Spaces

In accordance with the special permit provisions of Sections 13-451 through 13-455, the City Planning Commission may permit the off-street parking facilities listed in paragraph (a) of this Section, provided that such parking facilities comply with the conditions of paragraph (b) and the findings of paragraphs (c)(b) and (d)(c) of this Section.

1. (b) Eligible parking facilities
   
   The City Planning Commission may permit, subject to the otherwise applicable zoning district regulations:
2. 1. (1) #accessory# off-street parking facilities on-site or off-site, open or enclosed, with any capacity, where such facilities:
   2. 1. (i) are proposed #developments# or #enlargements# with a capacity not otherwise allowed under the applicable regulations of Section 13-10 (PERMITTED OFF-STREET PARKING IN THE MANHATTAN CORE); or
      2. (ii) are existing prior to May 8, 2013, and increasing the number of parking spaces, pursuant to the provisions of Section 13-07 (Existing Buildings and Off-street Parking Facilities) are located in an existing parking facility or are creating a new parking facility associated with an existing #building# #developed# without parking beyond the capacity authorized pursuant to Section 13-442 (Limited increase in parking spaces for existing buildings);
   3. (2) #public parking lots#, where such facilities:
   4. 1. (i) are proposed #developments# or #enlargements# with any capacity not otherwise allowed under the applicable regulations of Section 13-10;
      2. (ii) are existing prior to May 8, 2013, and increasing the number of parking spaces, pursuant to the provisions of Section 13-07are located in an existing parking facility or are creating a new parking facility associated with an existing #building# #developed# without parking beyond the capacity authorized pursuant to Section 13-442; or
      3. (iii) are proposed #developments# or #enlargements# in locations not permitted by Section 13-14 (Permitted Parking in Public Parking Lots);
   5. (3) #public parking garages#, where such facilities:
   6. 1. (i) are proposed #developments# or #enlargements# in the zoning districts permitted, pursuant to paragraph (d) of Section 13-041 (Applicability of parking regulations within the Manhattan Core); or
      2. (ii) are existing prior to May 8, 2013, and increasing the number of parking spaces, pursuant to the provisions of Section 13-07are located in an existing parking facility or are creating a new parking facility associated with an existing #building# #developed# without parking beyond the capacity authorized pursuant to Section 13-442.
      3. The Commission may also permit floor space in such #public parking garages# used for off-street parking spaces in any #story# located not more than 23 feet above #curb level# to be exempt from the definition of #floor area#, as set forth in Section 12-10.
3. (b) Conditions
   
   The proposed parking facility shall comply with the applicable provisions of Section 13- 20 (SPECIAL RULES FOR MANHATTAN CORE PARKING FACILITIES). Proposed #public parking garages# shall utilize the applicable regulations for #accessory# off-street parking facilities. However, applications to increase the number of parking spaces in parking facilities existing prior to May 8, 2013, need not comply with the provisions of Section 13-221 (Enclosure and screening requirements).
4. (c)(b) Findings
* * *
5. (d)(c) Additional findings

15-00
GENERAL PURPOSES

[REMOVING UNNECESSARY TEXT; ADDING COMMUNITY FACILITIES WITH SLEEPING ACCOMMODATIONS PER PROPOSAL]

Special regulations for the conversion of non-residential floor area to residences have been established in order to promote and protect public health, safety and general welfare. These goals include, among others, the following specific purposes:

1. (a) to permit owners to increase the return on their investment in appropriate existing buildings by authorizing the conversion to residences or community facilities with sleeping accommodations without requiring that such residences uses to conform to the provisions of Article II of this Resolution;
2. (b) to reduce the deleterious effects on commercial and manufacturing uses caused by the reduction of land and floor area available to such uses permitted under the provisions of this Chapter by providing relocation incentives for such uses;
3. (c) to protect important job-producing industries, particularly those with a unique social or economic relationship to the surrounding community;
4. (d) to provide sufficient space for commercial and manufacturing activities which are an integral part of New York City's economy;
5. (e)(b) to provide for adequate returns to property owners by allowing more profitable residential or community facilities with sleeping accommodations use uses with a limited mix of commercial and manufacturing uses;
6. (f) to provide a new housing opportunity of a type and at a density appropriate to these Community Districts;
7. (g)(c) to ensure the provision of safe and sanitary housing units in converted buildings; and
8. (h)(d) to ensure the provision of adequate amenities in conjunction with residential development.

15-01
Applicability

[REMOVING REDUNDANT APPLICABILITY; ADDING COMMUNITY FACILITIES WITH SLEEPING ACCOMMODATIONS; CONSOLIDATING SECTION 15-011 APPLICABILITY]

In Manhattan Community Districts 1, 2, 3, 4, 5 and 6, Brooklyn Community Districts 1, 2, 6 and 8, and Queens Community Districts 1 and 2, #conversions# in #buildings# or portions thereof, erected prior to December 15, 1961, shall be subject to the provisions of this Chapter.

In addition, in Manhattan Community District 1, in the area south of Murray Street and its easterly prolongation and the Brooklyn Bridge, #conversions# in #buildings#, or portions thereof, erected prior to January 1, 1977, shall be subject to the provisions of this Chapter.

#Conversions# in #buildings# or portions thereof, erected prior to December 31, 1990, shall be subject to the provisions of this Chapter. For the purposes of this Chapter, #conversion# shall mean the change of non-#residential# #floor area# to #residences#,or #joint living-work quarters for artists# or #community facilities# with sleeping accommodations. However, non-profit institutions with sleeping accommodations shall be limited to those with Class A occupancy as defined in the New York State Multiple Dwelling Law.

#Conversions# shall also include the #conversion# of existing floor space used for mechanical equipment and not counted as #floor area# to #residences# or #joint living-work quarters for artists# or #community facilities# with sleeping accommodations.

The provisions of this Chapter shall apply in any #Special Mixed Use District# to #buildings# or portions thereof, erected prior to December 10, 1997.

All #conversions# to #residences# or #community facilities# with sleeping accommodations shall be permitted only in districts where #residential use# is allowed by the district regulations, or in those #Manufacturing Districts# where #residential use# is allowed pursuant to this Chapter or by authorization or special permit. All #conversions# to #joint living-work quarters for artists# shall be permitted only in districts where such #use# is allowed by the district regulations.

The provisions of Article II, Chapter 8, shall not apply to #buildings# #converted# pursuant to the provisions of this Chapter.

However, #conversions# that meet all the requirements for #residential# #development# ofor #community facilities# with sleeping accommodations #developments# pursuant to Article II (Residence District Regulations) and are located in R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, C1, C2, C3, C4, C5 or C6 Districts are exempt from the provisions of this Chapter. Except as modified by the express provisions of this Chapter, the regulations of the applicable zoning districts remain in effect.

#Developments# or #enlargements# shall be in accordance with the applicable requirements of Article II and Article III, except as provided by authorization pursuant to Section 15-41 (Enlargements of Converted Buildings).

Except as specifically set forth in Section 15-024, the provisions of this Chapter are not applicable in M1-5B Districts.

The #conversion# of #floor area# within #transient hotels# to #residences# or #community facility# #uses# with sleeping accommodations pursuant to the provisions of this Chapter shall be limited to those #buildings# eligible for #coversion# pursuant to the rules of this Chapter in effect prior to [date of adoption].

15-011
Applicability within Special Purpose Districts

[REMOVING, AS NO LONGER NEEDED PER PROPOSAL]

The provisions of this Chapter shall apply in Special Purpose Districts in the Community Districts listed in Section 15-01, as may be modified in the provisions of such Special Purpose Districts, except that the Preservation Area of the #Special Clinton District# is excluded from the applicability of the provisions of this Chapter.

In Community Districts not listed in Section 15-01, the provisions of this Chapter shall apply in the following Special Purpose Districts:

any #Special Mixed Use District# as modified by Article XII, Chapter 3 (Special Mixed Use Districts);

the #Special Downtown Jamaica District# as modified by Article XI, Chapter 5 (Special Downtown Jamaica District);

the #Special St. George District# as modified by Article XII, Chapter 8 (Special St. George District); and

the #Special Coney Island District# as modified by Article XIII, Chapter 1 (Special Coney Island District).

15-012
Applicability within C6-1G, C6-2G, M1-5B or M1-6D Districts

[REMOVING TO ALIGN WITH PROPOSAL]

#Conversions# in #buildings#, or portions thereof, in C6-1G or C6-2G Districts shall be permitted only by special permit pursuant to Section 74-782 (Residential conversion in C6-1G, C6-2G, C6-2M, C6-4M, M1-5B, M1-5M and M1-6M Districts).

Except as specifically set forth in Sections 15-013 and 15-024, the provisions of this Chapter are not applicable in M1-5B Districts.

In M1-6D Districts, the conversion to #dwelling units# of #non-residential buildings# erected prior to January 1, 1977, or portions thereof, shall be permitted, subject to Sections 15-11 (Bulk Regulations), 15-12 (Open Space Equivalent) and 15-30 (MINOR MODIFICATIONS), paragraph (b), except as superseded or modified by the provisions of Section 42-481 (Residential use).

15-013
Building permits and variances issued before the effective date of amendment

[REMOVING TO ALIGN WITH PROPOSAL]

1. (a) Building permits in Manhattan Community Districts 1, 2, 3, 4, 5 and 6
   
   If, before April 9, 1981, a building permit was lawfully issued for an alteration based upon plans filed and pending with the Department of Buildings on or before September 1, 1980, construction pursuant to such permit may be continued, at the option of the owner, without regard to the other provisions of this Chapter. In the event that the construction permitted herein is not completed within 2 years from the issuance of said building permit or prior to April 9, 1982, whichever is later, and a temporary or permanent certificate of occupancy has not been issued, the building permit shall automatically lapse for any portion of a #building# for which a permanent or temporary certificate of occupancy has not been obtained and the right to continue construction on such #floor area# shall terminate, except that the Board of Standards and Appeals may reinstate said permit pursuant to the provisions of paragraphs (a)(1) or (a)(2) of this Section:
2. 1. (1) for all #floor area# for which the Board has made a finding that, as of April 9, 1981;
   2. 1. (i) there was substantial construction in compliance with the approved plans pursuant to which said lapsed permit had been granted; and
      2. (ii) the completed construction demonstrated a physical commitment of the #floor area# to a layout as #residential# or #joint living-work quarters for artists# #use#, which construction could not be readily adapted to a non- #residential use# permitted by the Zoning Resolution.

      A finding of substantial construction shall not be made unless, on April 9, 1981, the #floor area# was either vacant or occupied by #residential# or #joint livingwork quarters for artists# #use#, and unless the expenditures prior to April 9, 1981 were significant in proportion to the costs of construction of the entire project, not including the costs of acquisition, demolition, professional fees or financing;

   3. (2) for all #floor area# for which the Board has made a finding that, as of the date said building permit lapsed, there was substantial construction in compliance with the approved plans pursuant to which said lapsed permit has been granted. A finding of substantial construction shall not be made unless, as of the date said permit lapsed, the #floor area# was either vacant or occupied by #residential# or #joint living-work quarters for artists# #use#, and unless the expenditures prior to the date said permit lapsed were significant in proportion to the costs of construction of the entire project, not including the costs of acquisition, demolition, professional fees or financing. Notwithstanding anything to the contrary above, the building permit shall only be reinstated pursuant to the provisions of this Section, provided that for any portion of the #building# for which said permit is reinstated:
   4. 1. (i) the #conversion# shall comply with the provisions of Sections 15-12, 15- 24 or 42-14, paragraph D.(1)(e), as appropriate in the zoning district in which the #building# being #converted# is located, except that the Board may modify the requirements of Sections 15-12, 15-24 or 42-14, paragraph D.(1)(e), provided that the rooftop open space was not permitted under said building permit and the Board determines that the roof either is unsuited for open space #use# or cannot be made suitable for open space #use# at a reasonable cost;
      2. (ii) there shall be double glazing on all windows in all #dwelling units# or such other window treatment as the Board deems appropriate;
3. (b) Building permits in Brooklyn Community Districts 1, 2, 6 and 8 and Queens Community Districts 1 and 2
   
   If, before October 25, 1984, a building permit was lawfully issued for an alteration based upon plans filed and pending with the Department of Buildings on or before April 1, 1984, construction pursuant to such permit may be continued.
4. (c) Variances
   
   If, before April 9, 1981, in Manhattan Community Districts 1, 2, 3, 4, 5 and 6, or before October 25, 1984, in Brooklyn Community Districts 1, 2, 6 and 8 and Queens Community Districts 1 and 2, a variance to permit the #conversion# of a #building# or portion thereof, to #residential# or #joint living-work quarters for artists# #use#, which variance has not lapsed pursuant to the provisions of Section 72-23, and a building permit was issued in accordance with the terms of said variance for such #conversion# by the Department of Buildings within two years of the grant of said variance, construction pursuant to such permit may be continued, without regard to the other provisions of this Chapter.
   
   #Dwelling units# #converted# pursuant to the provisions of this Section which are not subject to the provisions of this Chapter shall also not be subject to the provisions of Section 32-42 (Location Within Buildings).

15-02
General Provisions

15-021
Special use regulations

[THE PROVISIONS IN 15-021, INCLUSIVE, ARE BEING PROPOSED BY THE CITY OF YES FOR ECONOMIC OPPORTUNITY TEXT AMENDMENT; PROPOSAL IS REMOVING SECTIONS NO LONGER APPLICABLE AS THE UNDERLYING SHALL APPLY]

1. (a) In M1-5 and M1-6 Districts located within the rectangle formed by West 23rd Street, Fifth Avenue, West 31st Street and Eighth Avenue, no new #dwelling units# shall be permitted. However, #dwelling units# which the Chairperson of the City Planning Commission determines were occupied on September 1, 1980, shall be a permitted #use# provided that a complete application for a determination of occupancy is filed by the owner of the #building# or the occupant of a #dwelling unit# in such #building# not later than June 21, 1983. For the purposes of Article 7C of the New York State Multiple Dwelling Law, such a determination of #residential# occupancy on September 1, 1980, shall be deemed to permit #residential use# as-of-right for such #dwelling units#.
   
   All #dwelling units# permitted pursuant to this paragraph (a) shall be required to comply with the requirements of Sections 15-22 (Number of Permitted Dwelling Units) or 15-024 (Special bulk regulations for certain pre-existing dwelling units, and joint living-work quarters for artists and loft dwellings) where applicable, and with Section 15-23 (Light and Air Provisions).
   
   Where the Chairperson of the City Planning Commission has determined that #floor area# was occupied as #dwelling units# on September 1, 1980, and where such #dwelling units# are located in a #building# which, on the date of application to the Department of City Planning under the provisions of this Section, also has #floor area# which is occupied by #referenced commercial and manufacturing uses#, the Chairperson may permit that any #floor area# in the #building# be used for #dwelling units# provided that:
2. 1. (1) the total amount of #floor area# to be used for #dwelling units# does not exceed the amount of #floor area# occupied as #dwelling units# on September 1, 1980;
   2. (2) #referenced commercial and manufacturing uses# located on #floor area# to be used for #dwelling units# that has been offered a new or amended lease within the #building#, with a minimum term of two years from the date of application, at a fair market rental for the same amount of #floor area# previously occupied, and such lease is not subject to cancellation by the landlord;
   3. (3) any #residential# tenant who occupied a #dwelling unit# shall be relocated to a #dwelling unit# within the #building# with a #floor area# equal to not less than 95 percent of the amount of #floor area# in the #dwelling unit# previously occupied; and
   4. (4) as a result of such action by the Chairperson, #residential uses# will be located on #stories# above #manufacturing# #uses#.
3. (b) In M1-6 Districts located within the rectangle formed by West 35th Street, Fifth Avenue, West 40th Street and Sixth Avenue, no #dwelling units# shall be permitted, except that:
4. 1. (1) #dwelling units# which the Chairperson determines were occupied on May 18, 1981, shall be a permitted #use# provided that a complete application to permit such #use# is filed by the owner of the #building# or the occupant of the #dwelling unit# not later than June 21, 1983. For the purposes of Article 7C of the New York State Multiple Dwelling Law, such a determination of #residential# occupancy shall be deemed to permit #residential use# as-of-right for such #dwelling unit#.
   2. (2) in any #building# for which an alteration application for conversion of #floor area# used for non-#residential use# to #dwelling units# or for an #extension# or minor #enlargement# of existing #residential use#, was filed prior to May 18, 1981, #dwelling units# shall be permitted, provided that such alterations shall comply with the regulations in effect on the date of such filing. The right to convert to #dwelling units# or #extend# or #enlarge# existing #residential use# pursuant to the provisions of this paragraph (b) shall expire one year from July 23, 1981, unless a temporary or permanent certificate of occupancy has been issued.
5. (c) In C6-1G and C6-2G Districts, in all #manufacturing# and #commercial# #buildings# except police stations, courthouses and fire houses, or portions thereof, erected prior to December 15, 1961, #residential use# shall not be permitted unless the Commission has granted a special permit pursuant to Section 74-782 (Residential conversion in C6-1G, C6-2G, C6-2M, C6-4M, M1-5B, M1-5M and M1-6M Districts). However, if the Chairperson determines that #floor area# in such #buildings# was occupied for #residential use# on April 1, 1984, such #residential use# shall be permitted to remain and no special permit shall be required, provided that a complete application for determination of occupancy is filed by the owner of the #building# or the occupant of a #dwelling unit# in such #building# not later than April 17, 1985.
6. (d) In C8 and M1 Districts, no new #dwelling units# are permitted. However, within such districts in the following areas:
7. 1. (1) Areas in Brooklyn Community District 1
   2. 1. (i) bounded by South 10th Street, Berry Street, Division Avenue and Wythe Avenue;
      2. (ii) bounded by South 6th Street, Broadway, Driggs Avenue, South 8th Street and Wythe Avenue;
      3. (iii) bounded by South 4th Street, Driggs Avenue, South 5th Street and Berry Street;
      4. (iv) bounded by North 4th Street, Berry Street, North 3rd Street and Wythe Avenue;
      5. (v) bounded by Metropolitan Avenue, Havemeyer Street, Hope Street and Roebling Street; and
   3. (2) Area in Brooklyn Community District 2, bounded by Water Street, Washington Street, Plymouth Street, Bridge Street, Front Street, Jay Street, York Street, Washington Street, Front Street and Dock Street;

   #dwelling units# which the Commissioner of the Department of Buildings determines were occupied on June 4, 1981, and are located in a #building# in which more than 45 percent of the #floor area# consists of #dwelling units# that were occupied on June 4, 1981, shall be a permitted #use#, provided that a complete application for a determination of occupancy is filed by the owner of the #building# or the occupant of a #dwelling unit# in such #building# not later than May 30, 1986.

   Such a determination of #residential# occupancy on June 4, 1981, shall be deemed to permit #residential use# as-of-right for such #dwelling units#.

15-022
Location within building

#Dwelling units# #converted# under the provisions of this Chapter are not subject to the provisions of Section 32-42 (Location Within Buildings).

15-023
Notice to residential tenants in mixed use buildings

The owner or developer of a #building# #converted# under the provisions of this Chapter and containing one or more #dwelling units# and one or more #commercial# or #manufacturing# #uses# above the first #story# shall be required to notify all prospective #residential# occupants of such #dwelling units# that:

1. (a) such #dwelling units# are located in a #building# containing #commercial# or #manufacturing# #uses# which the City is committed to maintain; and
2. (b) such prospective occupants should make any investigation they deem necessary to determine that the conditions existing or permitted to exist are not offensive to such prospective occupant.

Prior to the issuance of a building permit, the owner or developer shall file an affidavit with the Department of Buildings that such notice will be provided in all #residential# leases and offering plans.

15-024
Special bulk regulations for certain pre-existing dwelling units, and joint living-work quarters for artists and loft dwellings

[THE PROVISIONS IN SECTION 15-024, INCLUSIVE, ARE BEING PROPOSED BY THE CITY OF YES FOR ECONOMIC OPPORTUNITY TEXT AMENDMENT, PROPOSAL IS REMOVING REFERENCES TO SECTION 111-40 AS NO LONGER APPLICABLE]

1. (a) The minimum size, #yard# and density requirements of Sections 15-111, 15-22, and 43- 17 and 111-40 (REQUIREMENTS FOR LOFT DWELLINGS CONSTRUCTED PRIOR TO OCTOBER 13, 2010), may be replaced by the requirements of this Section for #dwelling units#, and #joint living-work quarters for artists# or #loft dwellings#:
2. 1. (1) existing on September 1, 1980, for which a determination of #residential# or #joint living-work quarters for artists# occupancy has been made pursuant to paragraph (b) of Section 15-021, paragraph (a) of Section 15-215, paragraph (b) of Section 42-324, paragraph (c)(2) of Section 42-325 or 74-782; or
   2. (2) that are registered Interim Multiple Dwellings or are found covered by the New York City Loft Board pursuant to Article 7C of the New York State Multiple Dwelling Law; or
   3. (3) that the Loft Board determines were occupied for #residential use# or as #joint living-work quarters for artists# on September 1, 1980.
3. (b) Unless required by the Loft Board for the legalization of Interim Multiple Dwelling Units in the implementation of Article 7C of the New York State Multiple Dwelling Law, #dwelling units# or #joint living-work quarters for artists# described in paragraph (a) and existing on such dates may not be divided subsequently into units or quarters of less than 1,200 square feet, and #loft dwellings# may not be divided subsequently into dwellings that do not meet the requirements of Section 111-40.
   
   No #building# that meets the density requirements of Section 15-111 or paragraph (c) of Section 111-40, may subsequently add additional units or quarters except in accordance thereof. No #building# to which the regulations of this Section have been applied may subsequently add additional units or quarters except in accordance with the requirements of Section 15-111.
4. (c) In lieu of the stated minimum size, #yard#, and density requirements of Sections 15-111, 15-22, and43-17 and 111-40, the following regulations shall apply:
5. 1. (1) The minimum size of a #dwelling unit#, or #joint living-work quarters for artists#, or #loft dwelling# may be no less than 415 square feet of #floor area#, provided that all of the following requirements are met:
   2. 1. (i) the unit or quarters shall contain one or more windows that open onto a #street# or 30 foot #yard#;
      2. (ii) the area of such required window shall be not less than eight percent of the #floor area# of the unit or quarters and 50 percent of the area of such required window shall be openable; and
      3. (iii) the interior dimension of the wall in which such required window is located shall be no less than 12 feet in width; or
   3. (2) The minimum size of a #dwelling unit#, or #joint living-work quarters for artists#, or #loft dwelling# may be no less than 600 square feet of #floor area#, provided that all of the following requirements are met:
   4. 1. (i) the unit or quarters shall contain one or more windows that open onto either:
      2. 1. (a) a 10 foot #yard#, where the window sill of such required window is at least 23 feet above #curb level#;
         2. (b) a 15 foot #yard#, where the window sill of such required window is less than 23 feet above #curb level#;
         3. (c) a #court# with a minimum dimension of 15 feet perpendicular to such required window and 375 square feet or more in area; or
         4. (d) a #street#;
      3. (ii) the minimum horizontal distance between such required window opening onto a #yard# and any wall opposite such window on the same or another #zoning lot# shall be at least 15 feet;
      4. (iii) the area of such required window shall be no less than five percent of the #floor area# of the unit or quarters, and 50 percent of the area of such required window shall be openable;
      5. (iv) the interior dimension of the wall in which such required window is located shall be no less than 12 feet in width;
      6. (v) the average width of such unit or quarters shall be no less than 14 feet; and
      7. (vi) not less than two-thirds of the #floor area# of the unit or quarters shall have a floor-to-ceiling height of nine feet or more.

15-10
REGULATIONS GOVERNING RESIDENTIAL CONVERSIONS WITHIN EXISTING BUILDINGS IN RESIDENCE AND COMMERCIAL DISTRICTS, EXCEPT C6-2M AND C6-4M DISTRICTS

[REMOVING UNNECESSARY DISTRICTS TO ALIGN WITH PROPOSAL]

15-11
Bulk Regulations

[ADDING COMMUNITY FACILITIES WITH SLEEPING ACCOMMODATIONS TO ALIGN WITH PROPOSAL]

The #conversion# of non-#residential# #floor area# to #residences# or #community facilities# with sleeping accommodations, including the #conversion# of #floor area# on a #zoning lot# that exceeds the maximum #floor area# permitted by the applicable district regulations, shall be permitted in accordance with the provisions of this Section.

For the #conversion# of non-#residential# #floor area# to #residences# or #community facilities# with sleeping accommodations, the applicable density requirements shall be modified in accordance with the provisions of Section 15-111 (Number of permitted dwelling units), and the regulations governing #open space ratio#, #yards#, the minimum distance between two or more #buildings# on a single #zoning lot# and the minimum distance between windows and walls or #lot lines# are hereby superseded and replaced by the requirements of Sections 15-112 (Light and air provisions) and 15-12 (Open Space Equivalent).

15-111
Number of permitted dwelling units

[REMOVING DWELLING UNIT FACTOR AND ROOMING UNITS TO ALIGN WITH PROPOSAL]

The maximum number of #dwelling units# permitted shall be determined in accordance with the applicable district regulations. However, where the total #floor area# on the #zoning lot# exceeds the maximum #floor area# permitted by the applicable district regulations, such excess #floor area# may be #converted# in its entirety to #residences#. Such excess #floor area# shall be included in the amount of #floor area# divided by the applicable factor in Section 23-20 (DENSITY REGULATIONS) 23-50 (DENSITY), inclusive.

For the #conversion# of non-#residential# #floor area# to #residences#, pursuant to Section 74- 71 (Landmark Preservation), in C7, C8 and #Manufacturing Districts#, the maximum number of #dwelling units# shall equal the total #floor area# to be #converted# to #residential use# divided by the applicable factor listed in the following table. Fractions equal to or greater than three quarters resulting from this calculation shall be considered to be one #dwelling unit#. the density regulations applicable to a #Residence District# shall apply.

MAXIMUM NUMBER OF DWELLING UNITS

District	Factor
C7 C8-1 C8-2 M1-1 M1-2 M2-1 M2-3 M3	680
C8-3 C8-4 M1-4 M1-5 M2-2 M2-4	740
M1-6	790

In addition, the following provisions shall apply:

No #floor area# shall be #converted# to #rooming units#. #Dwelling units# may be distributed anywhere within a #building# provided that any portion of a #dwelling unit# located in a #cellar# shall also comply with the provisions of Section 15-112 (Light and air provisions).

Mezzanines constructed pursuant to Chapter 26 of the Administrative Code shall be allowed within individual #dwelling units# provided that the gross area of such mezzanine does not exceed 33 1/3 percent of the #floor area# contained within such #dwelling unit#. Such mezzanines are permitted only in #buildings# with an existing #floor area ratio# of 12 or less, and only between floors, or between a floor and a roof, existing on January 22, 1998, that are to remain. Such mezzanines shall not be included as #floor area# for the purpose of calculating the minimum required size of a #dwelling unit# or for calculating #floor area# devoted to #dwelling units#.

The density provisions of this Section may be replaced by the regulations of Section 15-024 for #dwelling units# that are registered Interim Multiple Dwellings or are covered by the New York City Loft Board pursuant to Article 7C of the New York State Multiple Dwelling Law or that the Loft Board determines were occupied for #residential use# on September 1, 1980.

15-112
Light and air provisions

1. (a) Spaces other than #rooms#:
2. 1. (1) Mezzanines shall be lit and ventilated in accordance with the provisions of Section 27-732 (Natural light requirements) and Article 6 (Standard of Natural Ventilation) of the New York City Building Code.
   2. (2) #Cellar# space is not permitted in #dwelling units# with three and one-half #rooms# or fewer, unless such #dwelling units# contain at least 1,200 square feet of interior #floor area#.
   3. (3) Spaces, other than "living rooms, “ kitchens, bathrooms or mezzanines, with a minimum width of five feet in the narrowest dimension measured perpendicular to a wall enclosing such space, are not permitted in #dwelling units# with two #rooms# or fewer, unless such #dwelling units# contain at least 1,200 square feet of interior #floor area#.
3. (b) Every #dwelling unit# shall meet the light and air requirements of Section 277 of the Multiple Dwelling Law.
4. (c) Width to depth ratio
   
   Where there is more than one #dwelling unit# per #story#, the average width of each #dwelling unit# shall be at least one fourth of the depth. Depth is the farthest point within the #dwelling unit# from the exterior #building# wall containing windows used to meet the requirements of paragraph (b) of this Section, measured perpendicular to such #building# wall. Width is the distance between exterior #dwelling unit# walls measured perpendicular to the depth.

15-12
Open Space Equivalent
Required Recreation Space

[REMOVING, AND ADDING NEW TEXT TO ALIGN WITH PROPOSAL]

At least 30 percent of the gross roof area of a #building# containing 15 #dwelling units# shall be provided for recreational use. For each additional #dwelling unit#, 100 square feet of additional roof area shall be provided for recreational use, up to a maximum of 50 percent of the gross roof area. This recreational area shall be accessible to all the occupants of said #building# and their guests. No fees shall be charged to the occupants or their guests. The provisions of this Section may be modified pursuant to Section 15-30 (MINOR MODIFICATIONS).

The provisions of 23-63 (Required Recreation Space in Multi-family Buildings) shall apply to #conversions# resulting in the creation of nine or more #dwelling units#, except that paragraph (d) need not apply.

15-13
Special Home Occupation Provision

[THE PROVISIONS IN SECTION 15-13, INCLUSIVE, ARE BEING PROPOSED BY THE CITY OF YES FOR ECONOMIC OPPORTUNITY TEXT AMENDMENT]

In C6 Districts, and in C5 Districts in the Borough of Manhattan in the area south of Murray Street, its easterly prolongation, and the Brooklyn Bridge, the #home occupation# provisions of Section 12-10 shall apply, except that #home occupations# may occupy more than 1,000 square feet of #floor area#.

15-20
REGULATIONS GOVERNING RESIDENTIAL CONVERSIONS WITHIN EXISTING BUILDINGS IN C6-2M, C6-4M, M1-5M AND M1-6M DISTRICTS

[PROPOSAL IS REMOVING, AS THE UNDERLYING WILL APPLY]

1. (a) The #lot area# requirements of the following Sections are hereby superseded and replaced with the requirements of Sections 15-21 and 15-22 for the #conversion# of non- #residential# #floor area# to #residences#:
   
   Sections 23-20 (DENSITY REGULATIONS) through 23-26 (Special Provisions for Zoning Lots Divided by District Boundaries);
   
   Section 24-20 (APPLICABILITY OF DENSITY REGULATIONS TO ZONING LOTS CONTAINING BOTH RESIDENTIAL AND COMMUNITY FACILITY USES);
   
   Section 35-40 (APPLICABILITY OF DENSITY REGULATIONS); and
   
   Section 54-31 (Enlargements or Conversions
   
   In addition, the regulations governing #open space ratio#, #yards#, the minimum distance between two or more #buildings# on a single #zoning lot# and the minimum distance between windows and walls or #lot lines# are hereby superseded and replaced by the requirements of Sections 15-23 and 15-24.
2. (b) In C6-2M, C6-4M, M1-5M and M1-6M Districts, the requirements of Section 15-21 (Use Regulations - Transfer of Preservation Obligations and Conversion Rights) may be waived by authorization of the City Planning Commission in connection with the #conversion# of all or any portion of a #building# to a #residential use#, provided that:
3. 1. (1) such #building# is either a landmark or lies within a Historic District designated by the Landmarks Preservation Commission;
   2. (2) any alterations to the subject #building#, required in connection with such #conversion# to #residential use#, have received a Certificate off Appropriateness or other permit from the Landmarks Preservation Commission;
   3. (3) a program has been established for continuing maintenance that will result in the preservation of the subject #building# or #buildings# as evidenced by a report from the Landmarks Preservation Commission; and
   4. (4) such #buildings#, or portions thereof, being #converted# to #residential use#, shall comply with the density requirements set forth in paragraph (a)(3) of Section 74-711 (Landmark preservation in all districts).
In order to grant an authorization, the City Planning Commission shall find that such waiver shall have minimal adverse effects on the conforming #uses# located within the #building# and in the surrounding area.

The City Planning Commission may prescribe appropriate additional conditions and safeguards in order to enhance the character of the #building# and to minimize adverse effects on the character of the surrounding area.

15-21
Use Regulations — Transfer of Preservation Obligations and Conversion Rights

[PROPOSAL IS REMOVING, AS THE UNDERLYING WILL APPLY]

In C6-2M, C6-4M, M1-5M and M1-6M Districts, the #conversion# of #floor area# to #residences# in existing #buildings#, or portions thereof is permitted subject to the certification by the Chairperson of the City Planning Commission that #floor area# has been preserved for #commercial# or #manufacturing# #uses# in accordance with the provisions of this Section. For the purposes of this Section only, the following mixed-#use# areas are defined:

Southeast Chelsea — All C6-2M, C6-4M, M1-5M and M1-6M Districts between 13th Street and 23rd Street, and between Park Avenue and Eighth Avenue.

Garment Center East — The C6-4M District located between West 34th Street and West 35th Street, and between Seventh Avenue and Eighth Avenue.

15-211
Floor area preservation

[REMOVING TO ALIGN WITH CITY OF YES FOR HOUSING OPPORTUNITY]

The amount or configuration of #floor area# to be preserved may be modified in accordance with the provisions of Section 15-215 (Modification for existing dwelling units).

The amount of #floor area# to be preserved for permitted #commercial# or permitted #manufacturing# #uses# shall be in accordance with Table I of this Section, if the #floor area# to be #converted# is located in a C6-2M or C6-4M District, and in accordance with Table II of this Section, if the #floor area# to be #converted# is located in an M1-5M or M1-6M District, unless modified by the City Planning Commission pursuant to Section 15-51. Such #floor area# shall be comparable to the #floor area# to be #converted#, as required by Section 15-213.

Such #floor area# may be preserved in the #building# to be #converted#, or in any other #building# within the same mixed-#use# area, as defined in Section 15-21.

Except as provided in Section 15-215, #floor area# may not be preserved on portions of floors. If the #floor area# which must be preserved includes a fraction of a floor, the next highest number of full floors must be preserved for permitted #commercial# or permitted #manufacturing# #uses#. #Floor area# used for #home occupations# may not be used to meet the requirements of #floor area# and #stories# which must be preserved for #commercial# or #manufacturing# #use#. No #accessory# living or sleeping accommodations shall be permitted in the #floor area# preserved for permitted #commercial# or permitted #manufacturing# #uses#.

All requirements for preservation of #floor area# shall be determined by the entire #lot area# of the #zoning lot#, and by the total #floor area# of the #building# to be #converted#, regardless of the amount of #floor area# being #converted# within the #building#. For the purposes of this Section, any portion of the #building# to be #converted# that has a #residential# certificate of occupancy shall be excluded from the #building's# total #floor area#.

Any #building# that has been partially #converted# pursuant to Section 15-21 and has complied with the preservation requirements of such Section, shall not be required to preserve additional #floor area# for any subsequent #conversion#.

TABLE I
FOR CONVERSION IN C6-2M OR C6-4M DISTRICTS FLOOR AREA PRESERVED FOR PERMITTED COMMERCIAL OR PERMITTED MANUFACTURING USE*

#Lot area#	Percentage of #building's# total #floor area# to be preserved
less than 5,000 sq. ft	33.3
5,000 sq. ft. or more but less than 10,000 sq. ft.	50.0
10,000 sq. ft. or more	66.6

TABLE II
FOR CONVERSION IN Ml-5M OR Ml-6M DISTRICTS FLOOR AREA PRESERVED FOR PERMITTED COMMERCIAL OR PERMITTED MANUFACTURING USE*

#Lot area#	Percentage of #building's# total #floor area# to be preserved
less than 5,000 sq. ft	33.3
5,000 sq. ft. or more but less than 10,000 sq. ft.	66.6
10,000 sq. ft. or more	66.6

1. (*) All requirements for preservation of #floor area# shall be determined by the entire #lot area# of the #zoning lot#, and by the total #floor area# of the #building# to be #converted#, regardless of the amount of #floor area# being #converted# within the #building#.

15-212
Reduced floor area preservation

[REMOVING TO ALIGN WITH PROPOSAL]

Notwithstanding the provisions of Section 15-211, Table I as set forth in this Section may be substituted for Table I in Section 15-211, and Table II in this Section may be substituted for Table II in Section 15-211 governing the amount of #floor area# to be preserved, provided that such preserved #floor area# will be occupied by a #commercial# or #manufacturing# #use# that has been in occupancy for two years prior to the application for a certification under the provisions of Section 15-21 or by #referenced commercial or manufacturing uses#, and subject to the following conditions:

1. (a) Where the preserved #floor area# is occupied by an existing #commercial# or #manufacturing# #use# for two years immediately preceding the date of application for a certification under Section 15-21, or where the preserved #floor area# is occupied by #referenced commercial and manufacturing uses#, the landlord shall present a lease, signed by both the landlord and such tenant, and certified as recorded by the Office of the City Register of New York County.
   
   Such lease shall
2. 1. (1) be for a period of not less than three years from the date of application for such certification with provision for two years renewal at the tenant’s option; and
   2. (2) not be subject to cancellation by the landlord.
3. (b) Where the preserved #floor area# is occupied by any such #use# for two years immediately preceding the date of application under Section 15-21, and such occupant is the owner of said #floor area#, the Chairperson of the City Planning Commission shall require that the certificate of occupancy designate the preserved #floor area# for #referenced commercial and manufacturing uses# for a period of five years from the date of such certification.
4. (c) Where the preserved #floor area# will be occupied by #referenced commercial and manufacturing uses# but no such tenant is yet occupying the #floor area#, the owner shall covenant to preserve such #floor area# for #referenced commercial and manufacturing uses#, in the legal commitment required pursuant to Section 15-214.

TABLE I
FOR CONVERSION IN C6-2M OR C6-4M DISTRICTS REDUCED FLOOR AREA AND FLOORS PRESERVED FOR PERMITTED COMMERCIAL OR PERMITTED MANUFACTURING USE*

#Lot area#	Percentage of #building's# total #floor area# to be preserved
less than 5,000 sq. ft	one floor, plus, in #buildings# of more than 6 #stories#, 25% of the #floor area# in excess of 6 #stories#
5,000 sq. ft. or more but less than 10,000 sq. ft.	33.3
10,000 sq. ft. or more	50.0

TABLE II
FOR CONVERSION IN M1-5M OR M1-6M DISTRICTS REDUCED FLOOR AREA AND FLOORS PRESERVED FOR PERMITTED COMMERCIAL OR PERMITTED MANUFACTURING USE*

	Percentage of #building's# total #floor area# to be preserved
#Lot area#
less than 5,000 sq. ft	one floor, plus, in #buildings# of more than 6 #stories#, 25% of the #floor area# in excess of 6 #stories#
5,000 sq. ft. or more but less than 10,000 sq. ft.	50
10,000 sq. ft. or more	50

1. (*) All requirements for preservation of #floor area# shall be determined by the entire #lot area# of the #zoning lot#, and by the total #floor area# of the #building# to be #converted#, regardless of the amount of #floor area# being #converted# within the #building#.

15-213
Comparability

[REMOVING TO ALIGN WITH PROPOSAL]

Where the #floor area# to be preserved is not located within the #building# to be #converted#, such #floor area# must be comparable to #floor area# in the #building# to be #converted#. Comparability, shown by an affidavit from a professional engineer or a registered architect, licensed under the laws of the State of New York, shall exist where the #floor area# to be preserved meets the following criteria:

1. (a) Elevators: load and number
   
   The load and number requirements of this paragraph shall not apply when the #floor area# to be preserved is located on the ground floor or has level access to a #street# or loading facility
2. 1. (1) Load
      
      Each elevator shall have a minimum load of 2,000 pounds. The total load of all elevators servicing the #floor area# to be preserved shall be in accordance with the following ratio:
      
      

      Total load Gross #floor area# of #building# to be preserved

      is greater than or equal to 80% of

      Total load Gross #floor area# of #building# to be #converted#

   2. (2) Number
      
      There shall be a minimum of two elevators. The number of elevators servicing the #floor area# to be preserved shall be in accordance with the following ratio:
      
      

      Number of elevators Gross #floor area# of #building# to be preserved

      is greater than or equal to 80% of

      Number of elevators Gross #floor area# of #building# to be #converted#

      
      
      Notwithstanding the above, where there is only one elevator servicing the #floor area# to be #converted#, there may be one elevator servicing the #floor area# to be preserved if the following exist:
   3. 1. (i) the #floor area# to be serviced by the elevator in the #building# to be preserved does not exceed the #floor area# serviced by the elevator in the #building# to be #converted# by more than 10 percent; and
      2. (ii) the ratio of the volume of the elevator servicing the #floor area# to be preserved to the #floor area# to be preserved is at least 90 percent of the ratio of the volume of the elevator servicing the #floor area# to be #converted# to the #floor area# to be #converted#.
      3. If the number of elevators required pursuant to the above ratio includes a fraction of an elevator, this fraction shall be rounded to the nearest whole number.
3. (b) Floor load
   
   The floors shall have a minimum live load capacity of 100 pounds per square foot (100 psf).
4. (c) Size of floors
5. 1. (1) The #floor area# shall be located on floors of not less than 3,000 square feet or 50 percent of the size of the floors in the #building# to be #converted#, whichever is greater.
   2. (2) #Floor area# may not be preserved on portions of floors.
6. (d) Loading facilities
   
   The loading facilities shall be at least equal in number to those in the #building# to be #converted#. In addition, if such #building# has an off-street loading dock, the #building# containing the #floor area# to be preserved must have such off-street loading facilities.
7. (e) Column spacing
   
   There shall be a minimum distance between columns of 15 feet, measured on center. In addition, the average distance between columns shall not be less than 90 percent of the average distance between columns in the #building# to be #converted#.
8. (f) Height of #stories#
   
   The #stories# shall have an average minimum height of 10 feet.

The Chairperson of the City Planning Commission may authorize a modification of the requirements listed in paragraphs (a), (c)(1) or (d) of this Section, pursuant to the regulations of paragraph (c) of Section 15-30 (MINOR MODIFICATIONS).

15-214
Certification and other requirements of preservation and conversion

[REMOVING TO ALIGN WITH PROPOSAL]

1. (a) Prior to the issuance of an alteration permit for the #conversion# of #floor area# to #residential use#, the Chairperson of the City Planning Commission shall certify compliance with the requirements of Section 15-21 upon proof of a legal commitment to preserve and maintain the required #floor area# for permitted #commercial# or permitted #manufacturing# #use#. Such legal commitment shall be executed by all parties having any interest in the #floor area# to be preserved as shown by a certificate issued by a title insurance company licensed to do business in the State of New York showing all such parties in interest.
   
   A "party in interest" in the tract of land shall include only (W) the fee owner thereof, (X) the holder of any enforceable recorded interest superior to that of the fee owner and which could result in such holder obtaining possession of all or substantially all of such tract of land, (Y) the holder of any enforceable recorded interest in all or substantially all of such tract of land which would be adversely affected by the preservation as required herein, and (Z) the holder of any unrecorded interest in all or substantially all of such tract of land which would be superior to and adversely affected by the preservation required herein and which would be disclosed by a physical inspection of the tract of land.
   
   A copy of the legal commitment required herein shall be recorded in the Conveyances Section of the Office of the City Register of New York County upon certification.
2. (b) The #floor area# to be preserved shall not already have been preserved by a legal commitment under the provisions of Section 15-21, as evidenced by the report from the title company issued pursuant to (a) above.
3. (c) When preservation obligations pursuant to Section 15-211 or 15-212 are transferred between #buildings#, the amount of #floor area# required to be preserved shall not be reduced by the existence of a previously issued legal commitment for preservation on a portion of the #floor area# in the #building#.
4. (d) Any #building# that has been partially #converted# pursuant to Section 15-21 and has complied with the preservation requirements of such Section, shall not be required to preserve additional #floor area# for any subsequent #conversion#.

15-215
Modification for existing dwelling units

[REMOVING TO ALIGN WITH PROPOSAL]

The requirements of Section 15-211 or 15-212 regarding the amount or configuration of #floor area# to be preserved for permitted #commercial# or permitted #manufacturing# #uses# may be modified by the Chairperson of the City Planning Commission provided that:

1. (a) such #floor area# has a #residential# certificate of occupancy, or consists of registered Interim Multiple Dwellings, or is found covered by the New York City Loft Board pursuant to Article 7C of the New York State Multiple Dwelling Law, or was occupied as #dwelling units# as of September 1, 1980, and a complete application for determination of occupancy has been filed with the Department of City Planning by the owner of the #building# or the occupant of a #dwelling unit# in the #building# not later than June 21, 1983. For the purposes of Article 7C of the New York State Multiple Dwelling Law, such a determination of #residential# occupancy shall be deemed to permit #residential use# as-of-right for such #floor area#; and
2. (b) as a result of such #residential# occupancy, the remaining amount of #floor area# in the #building# is less than the amount required to be preserved for permitted #commercial# or #manufacturing# #uses# pursuant to Section 15-211 or 15-212, or consists of portions of floors.

Such modification of the preservation requirement shall be the minimum necessary in order to permit the legalization of existing #dwelling units# for which a determination of occupancy has been made.

Notwithstanding the above, the Chairperson of the City Planning Commission shall not issue a certification pursuant to Section 15-21 until an application for such certification and modification is submitted by the owner of the #building#.

15-22
Number of Permitted Dwelling Units

[THE PROVISIONS IN 15-22, INCLUSIVE, ARE BEING PROPOSED BY THE CITY OF YES FOR ECONOMIC OPPORTUNITY TEXT AMENDMENT; PROPOSAL IS REMOVING THIS SECTION AS THE UNDERLYING WILL APPLY]

1. (a) In #buildings# where #floor area# is #converted# to #residences# under Section 15-21 (Use Regulations — Transfer of Preservation Obligations and Conversion Rights) where there is more than one #dwelling unit# per #story#, there shall be a minimum #dwelling unit# size of 1,200 square feet of interior #floor area# unless modified pursuant to Section 15-30 (MINOR MODIFICATIONS).
   
   However, the minimum #dwelling unit# size requirement may be replaced by the requirements of Section 15-026 for #dwelling units# existing on September 1, 1980:
2. 1. (1) for which the Chairperson of the City Planning Commission has made a determination of #residential# occupancy on September 1, 1980, pursuant to paragraph (a) of Section 15-021, paragraph (c) or Section 15-215; or
   2. (2) that are registered Interim Multiple Dwellings or are found covered by the New York City Loft Board pursuant to Article 7C of the New York State Multiple Dwelling Law; or
   3. (3) that the Loft Board determines were occupied for #residential use# on September 1, 1980.
3. 1. #Dwelling units# existing on September 1, 1980 may not be subsequently divided into units of less than 1,200 square feet, unless required by the Loft Board for the legalization of Interim Multiple Dwelling Units in the implementation of Article 7C of the New York State Multiple Dwelling Law.
4. (b) For the purposes of this Section only, mezzanines constructed pursuant to Chapter 26 of the Administrative Code shall be allowed within individual #dwelling units# provided that the gross area of such mezzanine does not exceed 33 and 1/3 percent of the #floor area# contained within such #dwelling unit#. Such mezzanines are permitted only in #buildings# with an existing #floor area ratio# of 12 or less, and only between floors, or between a floor and a roof, existing on January 22, 1998, that are to remain. Such mezzanines shall not be included as #floor area# for the purpose of calculating the minimum required size of a #dwelling unit# or for calculating #floor area# devoted to #dwelling units#.

15-23
Light and Air Provisions

[REMOVING TO ALIGN WITH PROPOSAL]

1. (a) Every #dwelling unit# shall meet the light and air requirements of Section 277 of the Multiple Dwelling Law.
2. (b) Mezzanines shall be lit and ventilated in accordance with the provisions of Section 27- 732 (Natural light requirements) and Article 6 (Standard of Natural Ventilation) of the New York City Building Code.
3. (c) Width to depth ratio
   
   Where there is more than one #dwelling unit# per #story#, the average width of each #dwelling unit# shall be at least one-fourth of the depth. Depth is the farthest point within the #dwelling unit# from the exterior #building# wall containing windows used to meet the requirements of paragraph (a) of this Section, measured perpendicular to such #building# wall. Width is the distance between exterior #dwelling unit# walls measured perpendicular to the depth.

15-24
Open Space Equivalent

[REMOVING TO ALIGN WITH PROPOSAL]

At least 30 percent of the gross roof area of a #building# containing 15 #dwelling units# shall be provided for recreational #use#. For each additional #dwelling unit#, 100 square feet of additional roof area shall be provided for recreational #use#, up to a maximum of 50 percent of the gross roof area. This recreational area shall be accessible to all the occupants of said #building# and their guests. No fees shall be charged to the occupants or their guests. The provisions of this Section may be modified pursuant to Section 15-30 (MINOR MODIFICATIONS).

15-25
Home Occupations

[PROVISIONS IN SECTION 15-25, INCLUSIVE, ARE BEING PROPOSED BY THE CITY OF YES FOR ECONOMIC OPPORTUNITY TEXT AMENDMENT; CITY OF YES FOR HOUSING OPPORTUNITY IS REMOVING, AS WILL NOW FOLLOW THE UNDERLYING]

The #home occupation# provisions of Section 12-10 shall apply, except that #home occupations# may occupy more than 1,000 square feet of #floor area#.

15-26
Collection of Residential and Commercial Refuse

[REMOVING TO ALIGN WITH PROPOSAL]

All #residential# trash shall be consolidated with the trash from the #commercial# or #manufacturing# #use# tenants and collected in the same manner as the trash from such #commercial# or #manufacturing# tenants. Such collection shall be the responsibility of the owner of the #building# or portion thereof.

15-30
MINOR MODIFICATIONS

[REMOVING TO ALIGN WITH PROPOSAL]

On application, the Chairperson of the City Planning Commission may grant minor modifications to the following provisions of this Chapter:

1. (a) The requirements of paragraph (a) of Section 15-22, relating to #dwelling unit# size may be modified provided that the Chairperson has administratively certified to the Department of Buildings that the division of one or more #stories# into #dwelling units# with an area of at least 1,200 square feet cannot be accomplished without practical difficulties because the #floor area# of such #story#, exclusive of exterior walls, and common areas, is within five percent of a multiple of 1,200 square feet.
2. (b) The requirements of Sections 15-12 and 15-24 relating to the #open space# equivalent may be modified provided that the Chairperson has administratively certified to the Department of Buildings that the roof either is unsuited for open space use or cannot be made suitable for open space use at reasonable cost.
3. (c)(b) ) The requirements of paragraphs (a) or (d) of Section 15-213 (Comparability) relating to comparability of elevators or loading facilities may be modified provided that the Chairperson has administratively certified to the Department of Buildings that the elevators or loading facilities serving the #floor area# to be preserved provide facilities for #manufacturing# or #commercial# #uses# that are equivalent or superior to those serving the #floor area# to be #converted#.
   
   The requirements of paragraph (c)(1) of Section 15-213 relating to comparability of size of floors may be modified provided that the Chairperson has administratively certified to the Department of Buildings that the #floor area# to be preserved consists of floors that are of equivalent or larger size than the floors in the #building# to be #converted#.

A developer must send a copy of any request for modification pursuant to this Section to the applicable Community Board at least 20 days prior to the next regularly scheduled Board meeting. If the Community Board chooses to comment on such requests it must do so within 31 days of such notification.

15-40
 15-20
AUTHORIZATION

[UPDATING SECTION NUMBER]

15-41
 15-21
Enlargements of Converted Buildings

[UPDATING SECTION NUMBER; CONSOLIDATING TEXT AND SECTION CROSS REFERENCES]

In all #Commercial Districts# and #Residence Districts#, for #enlargements# of #buildings# #converted# to #residences#, the City Planning Commission may authorize:

1. (a) a waiver of the requirements of Section 15-12 (Open Space Equivalent) for the existing portion of the #building# #converted# to #residences#; and
2. (b) the maximum #floor area ratio# permitted pursuant to Section 23-151 for the applicable district without regard for #height factor# or #open space ratio# requirements.

In all #Commercial Districts# and #Residence Districts#, for #enlargements# of #buildings# #converted# to #residences#, the City Planning Commission may authorize modifications to #bulk# regulations of Section 23-30 (YARDS, COURTS AND OTHER OPEN AREAS), inclusive, as modified for #height factor buildings#.

In order to grant such authorization, the Commission shall find that:

1. (1) the #enlarged building# is compatible with the scale of the surrounding area;
2. (2) open areas are provided on the #zoning lot# that are of sufficient size to serve the residents of the #building#. Such open areas, which may be located on rooftops, courtyards, or other areas on the #zoning lot#, shall be accessible to and usable by all residents of the #building#, and have appropriate access, circulation, seating, lighting and paving;
3. (3) the site plan includes superior landscaping for all open areas on the #zoning lot#, including the planting of #street trees#; and
4. (4) the #enlarged# #building# will not adversely affect structures or #open space# in the vicinity in terms of scale, location and access to light and air.

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

15-50
SPECIAL PERMIT

[REMOVING, AS NO LONGER NEEDED PER PROPOSAL]

15-51
Residential Conversion in C6-1G, C6-2G, C6-2M, C6-4M, M1-5M and M1-6M Districts

[ASSUMING CITY OF YES FOR ECONOMIC OPPORTUNITY EDITS AS BASELINE TEXT, REMOVING SECTION, AS NO LONGER NEEDED, SINCE THE UNDERLYING WILL APPLY]

In C6-1G, C6-2G, C6-2M, C6-4M, M1-5M and M1-6M Districts, the City Planning Commission may permit modification of the requirements of paragraph (c) of Section 15-021 or Section 15-21 in accordance with the provisions of Sections 74-711 (Landmark preservation in all districts) or 74-782 (Residential conversion in C6-1G, C6-2G, C6-2M, C6-4M, M1-5B, M1-5M and M1-6M Districts).

16-00
GENERAL PURPOSES

The provisions of this Chapter establish special comprehensive regulations for off-street parking in the Long Island City area, as defined in Section 16-02 (Definitions).

These regulations will allow parking to be provided in a manner that supports a mass transit and pedestrian-oriented central mixed-use district.

16-05
Applicability

16-051
Applicability of parking regulations within the Long Island City area

[ALIGNING WITH PROPOSED CHANGES TO MANHATTAN CORE]

The provisions of this Chapter shall apply to #accessory# off-street parking facilities, #public parking lots# and #public parking garages#, as set forth in this Section.

1. (a) For #accessory# off-street parking facilities, #public parking garages# and #public parking lots# constructed prior to October 25, 1995, or existing #buildings# #developed# without parking, the number of parking spaces required or permitted shall be set forth in Section 16-07 (Existing Buildings and Off-street Parking Facilities).

16-06
Previously Approved Special Permits or Authorizations

[ALIGNING WITH PROPOSED CHANGES TO MANHATTAN CORE]

Any authorization or special permit relating to parking regulations in the #Long Island City area# granted by the City Planning Commission or Board of Standards and Appeals prior to October 25, 1995, may be started or continued, in accordance with the terms thereof, or as such terms may subsequently be modified, pursuant to the regulations in effect at the time such authorization or special permit was granted. However, any special permit granted for a parking facility in the #Long Island City area# by the Commission or Board prior to December 15, 1961, may be continued without the need for renewal pursuant to Section 11-411 (Renewals), provided that the facts upon which the special permit was granted have not substantially changed.

Such All such authorizations or special permits requiring renewal shall be subject to the provisions of Sections 11-42 (Lapse of Authorization of Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution) and 11-43 (Renewal of Authorization or Special Permit). However, the provisions of this Chapter shall apply to the renewal of any special permit or authorization for a #public parking lot#.

Any subsequent modifications to such authorizations or special permits that involve an increase in the number of off-street parking spaces provided shall only be permitted by the applicable special permit provisions of Section 16-35.

16-07
Existing Buildings and Off-street Parking Facilities

[ALIGNING WITH PROPOSED CHANGES TO MANHATTAN CORE]

The provisions of this Section shall apply to existing required or permitted #accessory# off-street parking spaces, #public parking lots# and #public parking garages#, established prior to October 25, 1995, in the #Long Island City area#, as applicable, and to existing #buildings# #developed# without the provision of parking.

1. (a) Existing parking facilities
   
   Within the #Long Island City area#, existing Existing required or permitted #accessory# off-street parking spaces, #public parking lots# and #public parking garages# established prior to October 25, 1995, shall be subject to the applicable zoning district regulations in effect prior to October 25, 1995, except that:
2. 1. (1)(a) any reduction or elimination of existing #accessory# off-street parking spaces that were required under the applicable provisions in effect prior to October 25, 1995, shall not be permitted shall only be allowed by authorization of the City Planning Commission pursuant to Section 16-342 (Reduction in the number of required existing parking spaces); and
   2. (2)(b) any increase in the number of parking spaces in an existing parking facility or the creation of a new parking facility associated with an existing #building# #developed# without parking shall only be allowed by the Commission as follows:
   3. 1. (1) the Commission may authorize a limited increase pursuant to the provisions of Section 16-341 (Limited increase in parking spaces for existing buildings); and
      2. (2) the Commission may permit an increase in the number of off-street parking spaces beyond the thresholds of Section 16-341 only pursuant to the applicable provisions of Section 13-45 (Special Permits for Additional Parking Spaces)) #enlargements#, #extensions# or any increase in the number of off-street parking spaces within such off-street parking facilities that result in a capacity not otherwise allowed under the applicable regulations of Section 16-10 (PERMITTED OFF-STREET PARKING IN THE LONG ISLAND CITY AREA) shall only be permitted by special permit by the City Planning Commission pursuant to the applicable provisions of Section 16-35 (Special Permits).
3. (b) Existing #buildings# #developed# without parking
   
   Within the #Long Island City area#, existing #buildings# #developed# without the provision of parking may add up to 15 #accessory# off-street parking spaces only where the City Planning Commission authorizes such additional spaces pursuant to the provisions of Section 16-341 (Limited increase in parking spaces for existing buildings without parking).

16-10
PERMITTED OFF-STREET PARKING IN THE LONG ISLAND CITY AREA

No parking shall be required for the #Long Island City area#. Off-street parking spaces located within #accessory# off-street parking facilities, #public parking lots# and #public parking garages# in the #Long Island City area# shall be allowed only as set forth in this Section, inclusive.

All such parking facilities shall be subject to the applicable regulations set forth in Section 16-20.

16-11
Permitted Parking for Residences

[ALIGNING WITH BROADER ALLOWANCES IN PROPOSAL TO MAKE ACCESSORY SPACES AVAILABLE TO THE PUBLIC]

#Accessory# off-street parking spaces are permitted for #residences# in #developments# or #enlargements#, as follows:

1. (a) within Area A, as shown on the map in Section 16-03, #accessory# off-street parking spaces may be provided for not more than 50 percent of the total number of new #dwelling units# contained in the #development# or #enlargement#, or 200 spaces, whichever is less.
2. (b) within Areas B and C, as shown on the map, #accessory# off-street parking spaces may be provided for not more than 100 percent of the total number of new #dwelling units# contained in the #development# or #enlargement#.

All such #accessory# off-street parking spaces shall be used exclusively by the occupants of the #residential# #development# or #enlargement#.

16-12
Permitted Parking for Non-residential Uses

[ALIGNING WITH BROADER ALLOWANCES IN PROPOSAL TO MAKE ACCESSORY SPACES AVAILABLE TO THE PUBLIC]

#Accessory# off-street parking spaces are permitted for non-#residential uses# in #developments# or #enlargements#, as follows:

1. (a) #Transient hotels#
   
   For #transient hotel# #developments# or #enlargements#, a maximum of 150 #accessory# off-street parking spaces are permitted if there is only one entrance to the #accessory# #group parking facility# and a maximum of 225 #accessory# off-street parking spaces are permitted if there are two or more entrances. In no event may the number of parking spaces exceed 50 percent of the number of new #transient hotel# rooms . All such parking spaces shall be used primarily for the personnel, guests and occupants of the #transient hotel#.
2. (b) Hospitals
   
   For hospital #developments# or #enlargements# in Area A, as shown on the map in Section 16-03, a maximum of 150 #accessory# off-street parking spaces, open or enclosed, are permitted if there is only one entrance to the #accessory# group parking facility and a maximum of 225 #accessory# off-street parking spaces, open or enclosed, are permitted if there are two or more entrances.
   
   For hospital #developments# or #enlargements# within Areas B and C, as shown on the map, #accessory# off-street parking may be provided in accordance with the underlying district regulations.
   
   All such parking spaces are to be used exclusively by the hospital staff, patients and visitors.
3. (c) Other #commercial#, #community facility# and #manufacturing# #uses#
   
   For #developments# or #enlargements# in Area A containing #community facility# #uses# other than hospitals, #commercial# #uses# other than #transient hotels#, or #manufacturing# #uses#, the maximum number of #accessory# off-street parking spaces permitted shall not exceed one space per 4,000 square feet of such #community facility#, #commercial# or #manufacturing# #floor area#, or 100 spaces, whichever is less. All such parking spaces shall be used exclusively by the tenants or employees of the #development# or #enlargement# and shall not be available to the public.
   
   Within Areas B and C, the maximum number of #accessory# off-street parking spaces permitted for each #development#, #enlargement# or alteration shall not exceed one space per 4,000 square feet of #floor area#, or 100 spaces, whichever is less. If the permitted number of #accessory# off-street spaces would be less than 15 spaces, an #accessory# parking facility of up to 15 spaces may be provided.All spaces shall be used exclusively by the tenants or employees of the #development# or #enlargement# and shall not be available to the public.

16-20
SPECIAL RULES FOR PARKING FACILITIES WITHIN THE LONG ISLAND CITY AREA

All #accessory# off-street parking facilities, #public parking lots# and #public parking garages# #developed# or #enlarged# after October 25, 1995, in the #Long Island City area# shall comply with the applicable provisions of this Section, inclusive.

16-21
Public Use and Off-site Parking

[ALIGNING WITH BROADER ALLOWANCES IN PROPOSAL TO MAKE ACCESSORY SPACES AVAILABLE TO THE PUBLIC]

All #accessory# off-street parking spaces may be made available for public use. However, any such space shall be made available to the occupant of a #residence# to which it is #accessory# within 30 days after a written request therefor is made to the landlord.

No #accessory# off-street parking spaces shall be located on a #zoning lot# other than the same #zoning lot# as the #use# to which they are #accessory#.

16-24
Minimum and Maximum Size of Parking Facilities

[ALIGNING BETTER WITH MANHATTAN CORE REGS AND ALIGNING WITH MANHATTAN CORE PROPOSAL TO ALLOW CHAIR MODS TO MAXIMUMS]

The maximum gross unobstructed surface area, in square feet, of a permitted #accessory# #group parking facility# including stalls, aisles, driveways and maneuvering areas shall l be as set forth in this Section.

1. (a) Attended parking facilities
   
   For attended parking facilities without parking lift systems, the maximum gross surface area shall not exceed 200 times the number of #accessory# off-street parking spaces provided.
   
   For attended parking facilities with parking lift systems, the maximum surface area of the portion of the facility allocated to non-elevated parking spaces shall not exceed 200 times the number of non-elevated spaces provided and the portion allocated to elevated parking spaces shall be 153 times the number of elevated spaces able to be provided on lifted trays.
   
   No maximum surface area requirement shall apply to #automated parking facilities#.
2. (b) Self- Park facilities
   
   This size limitation shall not be applicable to off-street parking spaces permitted under the provisions of paragraph (c) of Section 16-12 (Permitted Parking for Non-residential Uses) where such spaces are exclusively #accessory#, no-charge, self-parking spaces in enclosed facilities with a capacity limited to 100 automobiles. In such facilities, the gross unobstructed surface area, in square feet, shall not exceed 300 times the number of #accessory# off-street parking spaces provided.
   
   For self-parking facilities, the maximum gross surface area shall not exceed 350 times the number of #accessory# off-street parking spaces provided

An off-street parking facility in the #Long Island City area# may provide a gross unobstructed surface area greater than the maximum size permitted by this Section upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings that the proposed layout of such parking facility, including, but not limited to, the arrangement of parking spaces, travel aisles and reservoir spaces, where applicable, is sufficient to accommodate the requisite vehicular navigation and turning movements associated with such a facility. To make such a determination, the applicant shall provide the Chairperson with dimensioned plan drawings that depict the proposed vehicular movement through the facility, including any relevant maneuverability or turning radius information.

16-30
AUTHORIZATIONS AND SPECIAL PERMITS

* * *

16-34
Authorizations

16-341
Limited increase in parking spaces for existing buildings without parking

[ALIGNING WITH PROPOSED CHANGES TO MANHATTAN CORE]

The City Planning Commission may, by authorization, allow an increase in the number of parking spaces in an existing parking facility or the creation of a new parking facility associated with an existing #building# #developed# without parking, provided that the limitations of paragraph (a) and the findings of paragraph (b) of this Section are met. subject to the otherwise applicable zoning district regulations, allow on-site enclosed #accessory# off-street parking facilities with a maximum capacity of 15 spaces in existing #buildings#, provided that the Commission finds that:

1. (a) the #building# does not have #accessory# off-street parking spaces;
2. (b) such parking spaces are needed for and will be used exclusively by the occupants of the #use# to which they are #accessory#, except that #car sharing vehicles# may occupy #accessory# off-street parking spaces; however, the number of spaces so occupied shall not exceed five spaces or 20 percent of all such parking spaces, whichever is greater. For the purposes of this paragraph (b), such need shall exist where there are special circumstances and there are no reasonably viable alternatives to on-site enclosed parking spaces;
3. (c) the parking spaces will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic;
4. (d) the parking spaces will not adversely affect pedestrian movement;
5. (e) the parking spaces will not be incompatible with, or adversely affect, adjacent #uses# including #uses# within the #building#; and
6. (f) the curb cut accessing such parking spaces will not be inconsistent with the character of the existing streetscape.
7. (a) Limitations
   
   The total number of parking spaces in a parking facility, inclusive of any existing spaces, where applicable, shall not exceed what would be permitted if such facility were #developed# in accordance with the provisions of Section 16-10 (PERMITTED OFFSTREET PARKING IN THE LONG ISLAND CITY AREA). However, in no event shall the number of additional spaces authorized pursuant to this Section exceed 15 spaces.
8. (b) Findings
   
   The Commission shall find that:
9. 1. (1) the location of the vehicular entrances and exits to the parking facility will not unduly interrupt the flow of pedestrian traffic associated with #uses# or public facilities, including access points to mass transit facilities in close proximity thereto, or result in any undue conflict between pedestrian and vehicular movements, due to the entering and leaving movement of vehicles;
   2. (2) the location of the vehicular entrances and exits to such parking facility will not interfere with the efficient functioning of #streets#, including any lanes designated for specific types of users or vehicles, due to the entering and leaving movement of vehicles;
   3. (3) such #use# will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow; and
   4. (4) such parking facility will not be inconsistent with the character of the existing streetscape.

16-342
Reduction in the number of required existing parking spaces

[ALIGNING WITH BROADER POLICY TO ALLOW REDUCTIONS OF PARKING IN EXISTING BUILDINGS BY AUTHORIZATION]

For off-street parking facilities built prior to October 25, 1995, the City Planning Commission may authorize a reduction in the number of required #accessory# off-street parking spaces where the Commission finds that such reduction will not have undue adverse effects on residents, businesses or community facilities in the surrounding area, as applicable.

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

16-342
 16-343
Public parking lots

16-343
 16-344
Curb cuts

16-35
Special Permits

16-351
Accessory off-street parking spaces

[ALIGNING WITH PROPOSED CHANGES TO MANHATTAN CORE

The City Planning Commission may, by special permit, subject to the otherwise applicable zoning district regulations, allow on-site or off-site, open or enclosed, #accessory# off-street parking facilities with any capacity not otherwise allowed under Section 16-10 (PERMITTED OFF-STREET PARKING IN THE LONG ISLAND CITY AREA), provided the Commission finds that: allow the off-street parking facilities listed in paragraph (a) of this Section, provided that such parking facilities comply with the findings of paragraph (b).

1. (a) Eligible parking facilities
   
   The Commission may permit, on-site or off-site, open or enclosed, #accessory# off-street parking facilities:
2. 1. (1) associated with #developments# or #enlargements#, with any capacity not otherwise allowed under Section 16-10 (PERMITTED OFF-STREET PARKING IN THE LONG ISLAND CITY AREA); or
   2. (2) associated with an existing parking facility or an existing #building# #developed# without parking, beyond the capacity authorized pursuant to Section 16-341 (Limited increase in parking spaces for existing buildings).
3. (b) Findings
   
   The Commission shall find that:
4. 1. (a) such parking spaces are needed for, and will be used by, the occupants, visitors, customers or employees of the #use# to which they are #accessory#, except that #car sharing vehicles# may occupy #accessory# off-street parking spaces; however, the number of spaces so occupied shall not exceed five spaces or 20 percent of all such parking spaces, whichever is greater;
   2. (b) within the vicinity of the site, there are insufficient parking spaces available;
   3. (c) the facility will not create or contribute to serious traffic congestion or unduly inhibit vehicular and pedestrian movement;
   4. (d) the facility is so located as to draw a minimum of vehicular traffic to and through local #residential# #streets#; and
   5. (1) within the vicinity of the site, there are insufficient parking spaces available;
   6. (2) the location of the vehicular entrances and exits to such parking facility will not interfere with the efficient functioning of #streets#, including any lanes designated for specific types of users or vehicles, due to the entering and leaving movement of vehicles;
   7. (3) such #use# will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow;
   8. (4) such parking facility will not be inconsistent with the character of the existing streetscape; and
   9. (e)(5) adequate reservoir space is provided at the vehicular entrance to accommodate vehicles equivalent in number to 20 percent of the total number of parking spaces, up to 50 parking spaces, and five percent of any spaces in excess of 200 parking spaces, but in no event shall such reservoir spaces be required for more than 50 vehicles. However, in the case of a facility with a capacity of 10 vehicles or less, the Commission may waive this finding.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including traffic improvements, if necessary, and limitations on #signs# or requirements for shielding or floodlights or for locations of entrances and exits.

21-00
GENERAL PURPOSES OF RESIDENCE DISTRICTS

The Residence Districts established in this Resolution are designed to promote and protect public health, safety and general welfare. These general goals include, among others, the following specific purposes:

1. (a) To provide sufficient space in appropriate locations for residential development to meet the housing needs of the City's present and expected future population, with due allowance for the need for a choice of sites.
2. (b) To protect residential areas against fire, explosions, toxic and noxious matter, radiation, and other hazards, and against offensive noise, vibration, smoke and other particulate matter, odorous matter, heat, humidity, glare, and other objectionable influences.
3. (c) To protect residential areas, as far as possible, against heavy traffic and against through traffic of all kinds.
4. (d) To protect residential areas against congestion, as far as possible, by regulating the density of population and the bulk of buildings in relation to the land around them and to one another, and by providing for off-street parking spaces; to require the provision of open space in residential areas wherever practicable; and to encourage the provision of additional open space by permitting moderately higher bulk and density with better standards of open space, in order to open up residential areas to light and air, to provide open areas for rest and recreation, and to break the monotony of continuous building bulk, and thereby to provide a more desirable environment for urban living in a congested metropolitan area.
5. (e) To protect the character of certain designated areas of historic and architectural interest, where the scale of building development is important, by limitations on the height of buildings.
6. (f) To provide for access of light and air to windows and for privacy, as far as possible, by controls over the spacing and height of buildings and other structures.
7. (g) To provide appropriate space for those educational, religious, recreational, health and similar facilities which serve the needs of the nearby residents, which generally perform their own activities more effectively in a residential environment, and which do not create objectionable influences.
8. (h) To provide freedom of architectural design, in order to encourage the development of more attractive and economic building forms.
9. (i) To promote the most desirable use of land and direction of building development in accord with a well-considered plan, to promote stability of residential development, to protect the character of the district and its peculiar suitability for particular uses, to conserve the value of land and buildings and to protect the City's tax revenues.

[ALIGNING WITH PROPOSAL TO INCLUDE ADDITIONAL HOUSING TYPES IN SOME EXISTING DISTRICTS AND CREATING NEW DISTRICTS]

These districts are designed to provide a suitable open character for single-family detached dwellings at low densities, as well as multiple dwellings in appropriate locations. These districts also include community facilities and open uses that serve the residents of these districts or benefit from an open residential environment.

21-12
R2X — Single-Family Detached Residence District

This district is designed to provide for large single-family detached dwellings on narrow zoning lots. This district also includes community facilities and open uses that serve the residents of the district or benefit from a residential environment.

This district may be mapped only within the Special Ocean Parkway District as well as Community Districts 8 and 14 in the Borough of Queens.

These districts are designed to provide for single- or two-family detached dwellings on zoning lots of specified lot widths, as well as multiple dwellings in appropriate locations. R3A Districts also permit zero lot line buildings. These districts also include community facilities and open uses that serve the residents of these districts or benefit from a residential environment.

These districts are designed to provide for single- or two-family detached or semi-detached dwellings, as well as multiple dwellings in appropriate locations. R4-1 Districts also permit zero lot line buildings. These districts also include community facilities and open uses that serve the residents of these districts or benefit from a residential environment.

These districts are designed to provide for all types of residential buildings, in order to permit a broad range of housing types, with appropriate standards for each district on density, open space, and spacing of buildings. However, R4B Districts are limited to single- or two-family dwellings, and as well as multiple dwellings in appropriate locations. In addition,zero lot line buildings are not permitted in R3-2, R4 (except R4-1 and R4B), and R5 (except R5B) Districts. The various districts are mapped in relation to a desirable future residential density pattern, with emphasis on accessibility to transportation facilities and to various community facilities, and upon the character of existing development. These districts also include community facilities and open uses which serve the residents of these districts or benefit from a residential environment.

R7-3 and R9-1 Districts may be mapped only as specified in this paragraph. Such districts may be mapped within the waterfront area and in the Special Mixed Use Districts. In addition, R7-3 Districts may be mapped in the Special Long Island City Mixed Use District and Special St. George District, and R9-1 Districts may be mapped in Mandatory Inclusionary Housing areas. R11, R11A and R12 Districts may only be mapped in Mandatory Inclusionary Housing areas.

23-00
APPLICABILITY AND GENERAL PURPOSES

23-01
Applicability of This Chapter

[SEE NEW 23-01 TEXT BELOW]

The #bulk# regulations of this Chapter apply to any #zoning lot# or portion of a #zoning lot# located in any #Residence District# which contains any #residential# #building or other structure#, or to the #residential# portion of a #building or other structure# used for both #residential# and #community facility# #uses#. The #bulk# regulations of Article II, Chapter 4, shall apply to any #zoning lot# or portion of a #zoning lot# containing a #community facility building# or to the #community facility# portion of a #building# used for both #residential# and #community facility# #uses#, except as set forth in Section 24-012 (Exceptions to the bulk regulations of this Chapter). In addition, the #bulk# regulations of this Chapter, or of specified Sections thereof, also apply in other provisions of this Resolution where they are incorporated by cross reference.

Existing #buildings or other structures# that do not comply with one or more of the applicable #bulk# regulations are #non-complying# #buildings or other structures# and are subject to the regulations set forth in Article V, Chapter 4.

Special regulations applying to #large-scale residential developments# or #residential uses# in #large-scale community facility developments# are set forth in Article VII, Chapters 8 or 9, respectively.

Special regulations applying only in Special Purpose Districts are set forth in Articles VIII, IX, X, XI, XII, XIII and XIV.

In Manhattan Community Districts 1, 2, 3, 4, 5 and 6, Brooklyn Community Districts 1, 2, 6 and 8, and Queens Community Districts 1 and 2, the #conversion# of non-#residential# #floor area# to #residences# in #buildings# erected prior to December 15, 1961, or January 1, 1977, as applicable, shall be subject to the provisions of Article I, Chapter 5 (Residential Conversions Within Existing Buildings), unless such #conversions# meet the requirements for #residential# #developments# of Article II (Residence District Regulations).

Special regulations applying in the #waterfront area# are set forth in Article VI, Chapter 2.

Special regulations applying in the #flood zone# are set forth in Article VI, Chapter 4

23-011
Quality Housing Program

[QUALITY HOUSING PROGRAM WILL BE APPLICABLE TO ALL MULTI-FAMILY RESIDENCES]

R5D R6A R6B R7A R7B R7D R7X R8A R8B R8X R9A R9D R9X R10A R10X

1. (a) In R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X, R10A or R10X Districts, any #building or other structure# shall comply with the #bulk# regulations for #Quality Housing buildings# set forth in this Chapter and any #building# containing #residences# shall also comply with the requirements of Article II, Chapter 8 (Quality Housing Program). However, the provisions of Article II, Chapter 8, shall not apply to #buildings# #converted# pursuant to Article I, Chapter 5.
   
   In R5D Districts, only certain requirements of Article II, Chapter 8, shall apply as set forth in Section 28-01 (Applicability of This Chapter).
2. 1. R6 R7 R8 R9 R10
3. (b) In the districts indicated without a letter suffix, the #bulk# regulations applicable to #Quality Housing buildings# may, as an alternative, be applied to #zoning lots# where #buildings# are #developed# or #enlarged# pursuant to all of the requirements of the Quality Housing Program. Such #buildings# may be subsequently #enlarged# only pursuant to the Quality Housing Program. In these districts, the Quality Housing #bulk# regulations may apply to #developments# or #enlargements# on #zoning lots# with existing #buildings# to remain, if:
4. 1. (1) the existing #buildings# contain no #residences# and the entire #zoning lot# will comply with the #floor area ratio# and density standards applicable to #Quality Housing buildings#; or
   2. (2) the existing #buildings# contain #residences#, and:
   3. 1. (i) such #buildings# comply with the maximum base heights and maximum #building# heights listed in the tables in Section 23-662 for the applicable district, and the entire #zoning lot# will comply with the #floor area ratio# and #lot coverage# standards applicable to #Quality Housing buildings#; or
      2. (ii) for #developments# or #enlargements# on #zoning lots# meeting the criteria set forth in paragraph (a) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors):
      4. 1. (a) the entire #zoning lot# will comply with the #floor area ratio# set forth in Sections 23-154 (Inclusionary Housing) or 23-155 (Affordable independent residences for seniors), as applicable;
         2. (b) the entire #zoning lot# will comply with the #lot coverage# regulations for the applicable zoning district set forth in Section 23-153 (For Quality Housing buildings); and the #development# or #enlargement# :
         4. 1. (1) will comply with the maximum base height and maximum #building# height of the applicable zoning district set forth in Table 1 of paragraph (b) of Section 23-664;
            2. (2) in R6, R7, R8 and R9-1 Districts, where the #zoning lot# meets the criteria set forth in paragraph (a)(3) of Section 23-664, will comply with the maximum base height and maximum #building# height of the applicable zoning district set forth in Table 2 of paragraph (c) of Section 23- 664; or
            3. (3) in R6, R7, R8 and R9-1 Districts, where the #zoning lot# meets the criteria set forth in paragraph (a)(4) of Section 23-664 and is located within 150 feet of the types of transportation infrastructure listed in paragraphs (c)(2)(i) through (c)(2)(iv) of Section 23-664, will comply with the maximum base height and maximum #building# height of the applicable zoning district set forth in Table 2 of paragraph (c) of Section 23-664. Such 150-foot measurement shall be measured perpendicular to the edge of such infrastructure.
   4. All #Quality Housing buildings# shall also comply with additional provisions set forth in Article II, Chapter 8.
5. R6 R7 R8 R9 R10
7. (c) In the districts indicated without a letter suffix, the optional Quality Housing #bulk# regulations permitted as an alternative pursuant to paragraph (b) of this Section, shall not apply to:
8. 1. (1) Article VII, Chapter 8 (Special Regulations Applying to Large Scale Residential Developments), except that they may be permitted as an alternative to apply within #Large Scale Residential Developments# located:
   2. 1. (i) in C2-5 Districts mapped within R9-1 Districts in Community District 3 in the Borough of Manhattan.
   3. (2) Special Purpose Districts
   2. However, such optional Quality Housing #bulk# regulations are permitted as an alternative to apply in the following Special Purpose Districts:
   3. #Special 125th Street District#;
   4. #Special Bay Street Corridor District#;
   5. #Special Downtown Brooklyn District#
   6. #Special Downtown Far Rockaway District#;
   7. #Special Downtown Jamaica District#;
   8. #Special East Harlem Corridors District#;
   9. #Special Flushing Waterfront District#;
   10. #Special Gowanus Mixed Use District#;
   11. #Special Grand Concourse Preservation District#;
   12. #Special Harlem River Waterfront District#;
   13. #Special Inwood District#;
   14. #Special Jerome Corridor District#;
   15. #Special Limited Commercial District#;
   16. #Special Long Island City Mixed Use District#;
   17. #Special Lower Manhattan District#, as modified in Section 91-05;
   18. #Special Ocean Parkway District#;
   19. #Special St. George District#;
   20. #Special Transit Land Use District#; or
   21. #Special Tribeca Mixed Use District#.
9. R6 R7 R8 R9 R10
10. (d) In the districts indicated, for #Quality Housing buildings# in which at least 50 percent of the #dwelling units# are #income-restricted housing units#, or at least 50 percent of the total #floor area# is a #long-term care facility# or philanthropic or non-profit institution with sleeping accommodation, the applicable #bulk# regulations of this Chapter may be modified for #zoning lots# with irregular site conditions or site planning constraints by special permit of the Board of Standards and Appeals, pursuant to Section 73-623 (Bulk modifications for certain Quality Housing buildings on irregular sites).
11. R6 R7 R8 R9 R10
12. (e) In the districts indicated, where a Special Purpose District modifies the #bulk# regulations for #Quality Housing buildings# set forth in this Chapter, the additional provisions for #Quality Housing buildings# set forth in Article II, Chapter 8 shall continue to apply. In addition, where any Special Purpose District that requires elements of Article II, Chapter 8 to apply to non-#Quality Housing buildings#, all associated #floor area# exemptions shall apply.

23-012
Lower density growth management areas

[THE UNDERLYING BULK REGULATIONS APPLY WHILE MAINTAINING SPECIAL COMMUNITY FACILITY AND COMMERCIAL REGULATIONS]

For areas designated as #lower density growth management areas# pursuant to Section 12-10 (DEFINITIONS), the underlying district regulations shall apply. Such regulations are superseded or supplemented as set forth in the following Sections:

Section 11-45               (Authorizations or Permits in Lower Density Growth Management Areas)

Section 12-10               (DEFINITIONS — Floor area; Lower density growth management area; Private road)

Section 22-14               (Use Group 4 — Ambulatory diagnostic or treatment health care facilities)

Section 23-12               (Permitted Obstructions in Open Space)

Section 23-14               (Open Space and Floor Area Regulations in R1 Through R5 Districts)

Section 23-32               (Minimum Lot Area or Lot Width for Residences)

Section 23-33               (Special Provisions for Development of Existing Small Lots)

Section 23-35               (Special Provisions for Zoning Lots Containing Certain Community Facility Uses in Lower Density Growth Management Areas)

Section 23-44               (Permitted Obstructions in Required Yards or Rear Yard Equivalents)

Section 23-462               (Side yards for all other buildings containing residences)

Section 23-532               (Required rear yard equivalents)

Section 23-63               (Height and Setback Requirements in R1 Through R5 Districts)

Section 23-711               (Standard minimum distance between buildings)

Section 23-881               (Minimum distance between lot lines and building walls in lower density growth management areas)

Section 24-012               (Exceptions to the bulk regulations of this Chapter)

Section 24-04               (Modification of Bulk Regulations in Certain Districts)

Section 25-028               (Applicability of regulations to certain community facility uses in lower density growth management areas)

Section 25-22               (Requirements Where Individual Parking Facilities Are Provided)

Section 25-23               (Requirements Where Group Parking Facilities Are Provided)

Section 25-31               (General Provisions)

Section 25-331               (Exceptions to application of waiver provisions)

Section 25-62               (Size and Location of Spaces)

Section 25-621               (Location of parking spaces in certain districts)

Section 25-622               (Location of parking spaces in lower density growth management areas)

Section 25-624               (Special parking regulations for certain community facility uses in lower density growth management areas)

Section 25-631               (Location and width of curb cuts in certain districts)

Section 25-632               (Driveway and curb cut regulations in lower density growth management areas)

Section 25-64               (Restrictions on Use of Open Space for Parking)

Section 25-66               (Screening)

Section 26-00               (APPLICABILITY OF THIS CHAPTER)

Section 26-30               (SPECIAL REQUIREMENTS FOR LOTS WITH PRIVATE ROADS IN LOWER DENSITY GROWTH MANAGEMENT AREAS), inclusive

Section 32-11               (Use Groups 1 and 2)

Section 32-433 (Ground floor use in C1, C2 and C4 Districts in the Borough of Staten Island)

Section 37-10               (SPECIAL REGULATIONS FOR PRIVATE ROADS AND LOWER DENSITY GROWTH MANAGEMENT AREAS)

Section 54-313               (Single- or two-family residences with non-complying front yards or side yards)

Section 105-702               (Applicability of lower density growth management area regulations)

Section 107-412               (Special bulk regulations for certain community facility uses in lower growth management areas)

Section 107-42               (Minimum Lot Area and Lot Width for Residences)

Section 107-421               (Minimum lot area and lot width for zoning lots containing certain community facility uses)

Section 107-464               (Side yards for permitted non-residential use)

Section 107-62               (Yard, Court and Parking Regulations)

Section 119-05               (Applicability of Parking Location Regulations)

Section 119-214               (Tier II requirements for driveways and private roads)

Section 128-051               (Applicability of Article I, Chapter 2)

23-013
Harassment

MOVING TEXT TO SECTION 27-00]

Within the Greenpoint-Williamsburg #anti-harassment areas# in Community District 1, Borough of Brooklyn, as shown in the diagrams in this Section, the provisions of paragraphs (a) through (d), inclusive, of Section 93-90 (Harassment) shall apply as modified in this Section.

For the purposes of this Section, the following definitions in Section 93-90, paragraph (a), shall be modified:

Anti-harassment area

“Anti-harassment area” shall mean the Greenpoint-Williamsburg #anti-harassment areas# as shown in the diagrams:

Greenpoint-Williamsburg Anti-Harassment Areas

Referral date

“Referral date” shall mean October 4, 2004.

In addition, Section 93-90, paragraph (d)(3), is modified as follows:

1. No portion of the #low income housing# required under this Section shall qualify to:
2. (i) increase the #floor area ratio# pursuant to the provisions of Sections 23-90 or 62- 352 (Inclusionary Housing); or
3. (ii) increase the maximum height of a #building# or the height above which the gross area per #residential# #story# of a #building# is limited pursuant to the provisions of Section 62-354 (Special height and setback regulations), paragraphs (b)(2) and (d); or
4. (iii) satisfy an eligibility requirement of any real property tax abatement or exemption program with respect to any #multiple dwelling# that does not contain such #low income housing#.

23-02
General Purposes of Residential Bulk Regulations

[SEE NEW 23-03 TEXT BELOW]

The following bulk regulations are adopted in order to protect residential areas against congestion and to encourage the development of desirable and stable residential neighborhoods. In order to achieve these purposes, a direct control of density as well as of the physical volume of buildings is established.

23-03
Street Tree Planting in Residence Districts

[MOVING TEXT TO 23-611]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the following shall provide #street# trees in accordance with Section 26-41 (Street Tree Planting):

1. (a) #developments#, or #enlargements# that increase the #floor area# on a #zoning lot# by 20 percent or more. However, #street# trees shall not be required for #enlargements# of #single-# or #two-family# #residences#, except as provided in paragraphs (b) and (c) of this Section;
2. (b) #enlargements# of #single-# or #two-family# #residences# by 20 percent or more within the following special purpose districts:
3. 1. #Special Bay Ridge District#;
   2. #Special Bay Street Corridor District#;
   3. #Special Clinton District#;
   4. #Special Downtown Brooklyn District#;
   5. #Special Downtown Far Rockaway District#;
   6. #Special Downtown Jamaica District#;
   7. #Special East Harlem Corridors District#;
   8. #Special Grand Concourse District#;
   9. #Special Hillsides Preservation District#;
   10. #Special Long Island City Mixed Use District#;
   11. #Special Ocean Parkway District#;
   12. #Special SoHo-NoHo Mixed Use District#;
   13. #Special South Richmond Development District#;
4. (c) #enlargements#, pursuant to the Quality Housing Program, of #single-# or #two-family# #residences# by 20 percent or more;
5. (d) #conversions# of 20 percent or more of the #floor area# of a #building# to a #residential use#; or
6. (e) construction of a detached garage that is 400 square feet or greater.

23-04
Planting Strips in Residence Districts

[MOVING TEXT TO 23-612]

R1 R2 R3 R4 R5

In the districts indicated, the following shall provide and maintain a planting strip in accordance with Section 26-42:

1. (a) #developments#, or #enlargements# that increase the #floor area# on a #zoning lot# by 20 percent or more. However, planting strips shall not be required for #enlargements# of #single-# or #two-family# #residences#, except as provided in paragraph (b) of this Section;
2. (b) #enlargements# of #single-# or #two-family# #residences# by 20 percent or more within the following special purpose districts:
3. #Special Bay Ridge District#;
4. #Special Downtown Jamaica District#;
5. #Special Hillsides Preservation District#;
6. #Special Ocean Parkway District#;
7. #Special South Richmond Development District#;
8. (c) #conversions# of 20 percent or more of the #floor area# of a #building# to a #residential use#; or
9. (d) construction of a detached garage that is 400 square feet or greater.

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BEGINNING OF 23-00 THROUGH 23-09 NEW TEXT

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23-00
APPLICABILITY AND GENERAL PURPOSES

23-01
Applicability of This Chapter

[UPDATING CONVERSION PROVISIONS TO EXISTING TEXT]

The #bulk# regulations of this Chapter apply to any #zoning lot# or portion of a #zoning lot# located in any #Residence District# which contains any #residential# #building or other structure#, or to the #residential# portion of a #building or other structure# used for both #residential# and #community facility# #uses#. The #bulk# regulations of Article II, Chapter 4, shall apply to any #zoning lot# or portion of a #zoning lot# containing a #community facility building# or to the #community facility# portion of a #building# used for both #residential# and #community facility# #uses#, except as set forth in Section 24-012 (Exceptions to the bulk regulations of this Chapter). In addition, the #bulk# regulations of this Chapter, or of specified Sections thereof, also apply in other provisions of this Resolution where they are incorporated by cross reference.

23-02
Applicability in Special Situations

Existing #buildings or other structures# that do not comply with one or more of the applicable #bulk# regulations are #non-complying# #buildings or other structures# and are subject to the regulations set forth in Article V, Chapter 4.

Special regulations applying to #large-scale residential developments# or #residential uses# in #large-scale community facility developments# are set forth in Article VII, Chapters 8 or 9, respectively

Special regulations applying only in Special Purpose Districts are set forth in Articles VIII, IX, X, XI, XII, XIII and XIV.

The #development# or #enlargement# of a #building# that occurs on or over a #railroad right-ofway#, and that is not #accessory# to such #railroad right-of-way#, shall be certified by the Chairperson of the City Planning Commission pursuant to Section 75-41. In addition, the #development# or #enlargement# of a #building# on a #zoning lot# greater than four acres that includes a #railroad right-of-way# or #former railroad right-of-way#, where such #building# is not #accessory# to a #railroad right-of-way#, may be authorized by the Commission pursuant to 75-22.

The conversion of non-#residential# #floor area# to #residences# shall be subject to the provisions of Article I, Chapter 5 (Residential Conversions Within Existing Buildings), unless such #conversions# meet the requirements for #residential# #developments# of Article II (Residence District Regulations).

Special regulations applying in the #waterfront area# are set forth in Article VI, Chapter 2

Special regulations applying in the #flood zone# are set forth in Article VI, Chapter 4.

23-03
General Purposes of Residential Bulk Regulations

[EXISTING PROVISIONS, UNCHANGED]

The following bulk regulations are adopted in order to protect residential areas against congestion and to encourage the development of desirable and stable residential neighborhoods. In order to achieve these purposes, a direct control of density as well as of the physical volume of buildings is established.

23-04
Zoning Lots Divided by District Boundaries

[CONSOLIDATING VARIOUS PROVISIONS (23-18, 23-26, 23-34, 23-55, 23-68) INTO A SINGLE, GENERAL RULE]

In all districts, whenever a #zoning lot# is divided by a boundary between districts or is subject to different #bulk# regulations for different portions of the #zoning lot#, the provisions set forth in Article VII, Chapter 7, shall apply.

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END OF 23-00 THROUGH 23-09 NEW TEXT

---

23-10
OPEN SPACE AND FLOOR AREA REGULATIONS

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

[FLOOR AREA PROVISIONS MOVING TO 23-20 AND OPEN SPACE PROVISIONS MOVING TO 23-30]

In all districts, as indicated, the #open space# and #floor area# provisions for a #building or other structure# shall be as set forth in this Section, inclusive.

The regulations for permitted obstructions in required #open space# in all districts are set forth in Section 23-12. The regulations for balconies in all districts are set forth in Section 23-13.

#Open space# and #floor area# regulations applicable to R1 through R5 Districts are set forth in Section 23-14. #Open space# and #floor area# regulations applicable to R6 through R10 Districts are set forth in Section 23-15.

Special #open space# and #floor area# provisions are set forth in Section 23-16 (Special Floor Area and Lot Coverage Provisions for Certain Areas) for standard tower and tower-on-a-base #buildings# in R9 and R10 Districts, as well as for certain areas in Community District 7 and Community District 9 in the Borough of Manhattan, and Community District 12 in the Borough of Brooklyn. Additional provisions are set forth in Sections 23-17 (Existing Public Amenities for Which Floor Area Bonuses Have Been Received) and 23-18 (Special Provisions for Zoning Lots Divided by District Boundaries or Subject to Different Bulk Regulations).

23-11
Definitions

[REMOVING REDUNDANT PROVISION]

Words in italics are defined in Section 12-10 (DEFINITIONS) or, if applicable exclusively in this Chapter, in this Section.

23-12
Permitted Obstructions in Open Space

[MOVING TEXT TO 23-30]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In the districts indicated, the obstructions permitted for any #yard# set forth in paragraph (a) of Section 23-441 (General permitted obstruction allowances), as well as the following obstructions, shall be permitted in any #open space# required on a #zoning lot#:. For the purposes of applying such allowances to #open space#, all percentage calculations shall be applied to the area of the #open space# instead of the #yard#:

1. (a) Balconies, unenclosed, subject to the provisions of Section 23-13;
2. (b) Breezeways;
3. (c) Driveways, private streets, open #accessory# off-street parking spaces, unenclosed #accessory# bicycle parking spaces or open #accessory# off-street loading berths, provided that the total area occupied by all these items does not exceed the percentages set forth in Section 25-64 (Restrictions on Use of Open Space for Parking);
4. (d) #Energy infrastructure equipment# and #accessory# mechanical equipment, subject to the requirements set forth in Section 23-442;
5. (e) Greenhouses, non-commercial, #accessory#, limited to one #story# or 15 feet in height above adjoining grade, whichever is less, and limited to an area not exceeding 25 percent of the #open space##;
6. (f) Parking spaces, off-street, enclosed, #accessory#, not to exceed one space per #dwelling unit#, when #accessory# to a #single-family#, #two-family# or three-#family# #residence#, provided that the total area occupied by a #building# used for such purposes does not exceed 20 percent of the total required #open space# on the #zoning lot#. However, two such spaces for a #single-family# #residence# may be permitted in #lower density growth management areas# and in R1-2A Districts;
7. (g) Solar energy systems:
8. 1. (1) on the roof of an #accessory# #building#, limited to 18 inches in height as measured perpendicular to the roof surface; or
   2. (2) affixed to solar canopies and located over any #accessory# off-street parking space, provided that the height shall not exceed 15 feet above the level of the adjoining grade;
9. (h) Steps;
10. (i) Swimming pools, #accessory#, above-grade structures limited to a height not exceeding eight feet above the level of the #rear yard# or #rear yard equivalent#;
11. (j) Fire escapes or planting boxes, provided that no such items project more than six feet into or over such #open space#.

However, any such #open space# that is part of a required #yard#, #rear yard equivalent# or #court# may contain an obstruction listed in this Section only where such obstruction is permitted, pursuant to Sections 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) or 23-87 (Permitted Obstructions in Courts), as applicable.

23-13
Balconies

[ENTIRE 23-13 TEXT MOVING TO 23-62]

23-131
Balconies in R1 through R5 Districts

R1 R2 R3 R4 R5

In the districts indicated, balconies that are:

1. (a) unenclosed except for a parapet not exceeding 3 feet, 8 inches in height, or a railing not less than 50 percent open and not exceeding 4 feet, 6 inches in height; and
2. (b) located at or above the floor level of the second #story# provided that such balcony is not lower than seven feet above #curb level# or adjacent natural grade, whichever is higher;

may, as permitted in this Section, project into or over any required open area set forth in the following Sections:

1. (1) #front yards#, as defined in Section 12-10 (DEFINITIONS);
2. (2) #rear yards# or #rear yard equivalents#, as defined in Section 12-10;
3. (3) #open space#, as defined in Section 12-10, excluding:
4. 1. (i) #side yards#, as defined in Section 12-10;
   2. (ii) required minimum dimensions of #courts#, as defined in Section 12-10; and as set forth in Section 23-80 (COURT REGULATIONS, MINIMUM DISTANCE BETWEEN WINDOWS AND WALLS OR LOT LINES AND OPEN AREA REQUIRMENTS); and
   3. (iii) required distances between #buildings#, as set forth in Section 23-71 (Minimum Distance Between Buildings on a Single Zoning lot).

If the depth of the #front yard# is greater than 12 feet, balconies may project six feet into such #front yard# provided that, in R1, R2 or R3 Districts, the aggregate width of such balconies does not exceed 50 percent of the width at that level of the plane surface of the #building# wall from which they project and, in R4 or R5 Districts, such aggregate width does not exceed 67 percent.

If the depth of the #front yard# is 12 feet or less, balconies may project to a distance equal to one-half the depth of such #front yard# provided the aggregate width of such balconies does not exceed 50 percent of the width at that level of the plane surface of the #building# wall from which they project.

Balconies may, by a distance not to exceed eight feet, project into a #rear yard# or other #open space# not specifically excluded in paragraphs (2) and (3) of this Section. At the level of the second #story#, the aggregate width of such balconies is not limited but at the level of the third #story# or higher such aggregate width shall not exceed 50 percent of the width at that level of the plane surface of the #building# wall from which the balconies project.

In addition, balconies may be enclosed by #building# walls provided that at least 33 percent of the perimeter of such balcony is unenclosed except for a parapet not exceeding 3 feet, 8 inches in height, or a railing not less than 50 percent open and not exceeding 4 feet, 6 inches in height. The portion of a balcony enclosed by #building# walls shall not exceed six feet in depth.

23-132
Balconies in R6 through R10 Districts

R6 R7 R8 R9 R10

In the districts indicated, balconies may project into or over any required open area within a #publicly accessible open area#, a #rear yard#, an #initial setback distance#, any open areas not occupied by towers, any required side or rear setbacks, or any required #open space#, provided that such balcony shall:

1. (a) not project by a distance greater than seven feet as measured from the plane surface of the #building# wall from which it projects;
2. (b) not project into the minimum required distance between #buildings# on the same #zoning lot#;
3. (c) not cover more than 10 percent of the area designated as outdoor recreation space pursuant to Section 28-20 (RECREATION SPACE AND PLANTING AREAS);
4. (d) be unenclosed except for a parapet not exceeding 3 feet, 8 inches in height or a railing not less than 50 percent open and not exceeding 4 feet, 6 inches in height. However, such balconies may be recessed into a #building# wall up to a maximum depth of six feet provided that at least 33 percent of the perimeter of such balcony is unenclosed except for a parapet or railing;
5. (e) be located at or higher than the floor level of the third #story# of a #building# or at least 20 feet above #curb level#, except that for #buildings# containing #residences# not more than 32 feet in height, such balcony may be located at or higher than the floor level of the second #story# provided that such balcony is located not lower than seven feet above #curb level# or seven feet above natural grade, whichever is higher; and
6. (f) have an aggregate width, at the level of any #story#, not exceeding 50 percent of the width at that level of the plane surface of the #building# wall from which it projects.

23-14
Open Space and Floor Area Regulations in R1 Through R5 Districts

[ENTIRE 23-14 TEXT MOVING TO SECTION 23-21]

R1 R2 R3 R4 R5

In the districts indicated for any #zoning lot#, the minimum required #open space# or #open space ratio# shall not be less than set forth in this Section, and the maximum #lot coverage# shall not exceed the #lot coverage# as set forth in this Section. Any given #lot area# or area of #open space# shall be counted only once in determining the #floor area ratio#, the amount of #open space# or the #open space ratio#.

In R1 and R2 Districts without a letter suffix, the #floor area# and #open space# provisions of Section 23-141 shall apply. In R1 and R2 Districts with a letter suffix, and R3, R4 and R5 Districts, the provisions of Section 23-142 shall apply.

In R4 and R5 Districts without a letter suffix, the provisions of Section 23-143 shall apply to #buildings# utilizing the optional provisions for a #predominantly built-up area#. In R3-2, R4 and R5 Districts without a letter suffix, the provisions of Section 23-144 shall apply to #affordable independent residences for seniors#.

For #zoning lots# with #buildings# containing multiple #uses# or multiple #buildings# with different #uses#, the maximum #floor area ratio# for each #use# shall be as set forth in the applicable provisions of this Section, inclusive, or Section 24-10 (FLOOR AREA AND LOT COVERAGE REGULATIONS), inclusive, 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, for #zoning lots# providing #affordable independent residences for seniors# and other #residential uses#, the sum of all #floor area# allocated to #uses# other than #affordable

independent residences for seniors# on the #zoning lot# shall not exceed the maximum #floor area ratio# permitted for #residential uses# set forth in Sections 23-142 or 23-143, as applicable.

Where #floor area# in a #building# is shared by multiple #uses#, the #floor area# for such shared portion shall be attributed to each #use# proportionately, based on the percentage each #use# occupies of the total #floor area# of the #zoning lot#, less any shared #floor area#.

In addition to complying with the provisions of this Section, all #zoning lots# shall be subject to the provisions set forth in Section 23-22 (Maximum Number of Dwelling Units) as well as all other applicable #bulk# regulations as set forth in this Chapter.

23-141
Open space and floor area regulations in R1 and R2 Districts without a letter suffix

[MOVING TEXT TO SECTION 23-211]

R1 R2

In the districts indicated, except R1-2A, R2A and R2X Districts, the minimum required #open space ratio# shall be 150.0, and the maximum #floor area ratio# shall be 0.50.

23-142
Open space and floor area regulations in R1 and R2 Districts with a letter suffix and R3 through R5 Districts

[MOVING TEXT TO SECTION 23-211, AND MODIFYING]

R1 R2 R3 R4 R5

In R1 and R2 Districts with a letter suffix and R3 through R5 Districts, the maximum #lot coverage#, minimum #open space# and maximum #floor area ratio# shall be as set forth in the following table:

District	Maximum #Lot Coverage# (in percent)	Minimum Required #Open Space# (in percent)	Maximum #Floor Area Ratio#
R1-2A	30	70	.50
R2A	30	70	.50
R2X	N/A — governed by #yard# requirements		.85
R3-1 R3-2	35	65	.50
R3A R3X	N/A — governed by #yard# requirements		.50
R4	45	55	.75
R4-1 R4A	N/A — governed by #yard# requirements		.75
R4B	55	45	.90
R5	55	45	1.25
R5A	N/A — governed by #yard# requirements		1.10
R5B	55	45	1.35
R5D	60*	40*	2.00

1. (*) For #corner lots#, the maximum #lot coverage# shall be 80 percent and the minimum required #open space# shall be 20 percent

In addition, the following rules shall apply:

1. (a) In R2X, R3, R4, R4A and R4-1 Districts, except R3, R4A and R4-1 Districts within #lower density growth management areas#, the #floor area ratio# in the table in this Section may be increased by up to 20 percent provided that any such increase in #floor area# is located directly under a sloping roof which rises at least three and one half inches in vertical distance for each foot of horizontal distance and the structural headroom of such #floor area# is between five and eight feet.
2. (b) In R3, R4-1 and R4A Districts in #lower density growth management areas#, the #floor area ratio# in the table in this Section may be increased by up to 20 percent provided that any such increase in #floor area# is located in any portion of a #building# covered by a sloping roof that rises at least seven inches in vertical distance for each foot of horizontal distance.
3. [RELOCATING AND SIMPLIFYING FLOOR AREA MODIFICATIONS FOR PROVISION OF PARKING TO THE DEFINITION OF “FLOOR AREA” IN SECTION 12-10]
4. (c) In R3, R4 and R5 Districts, the permitted #floor area# of a #single-# or #two-family# #detached# or #semi-detached# #residence# #developed# after June 30, 1989, may be increased by up to 300 square feet if at least one enclosed #accessory# off-street parking space is provided in a garage located, wholly or partly, in the #side lot ribbon# pursuant to Sections 23-12 (Permitted Obstructions in Open Space), paragraph (c), 23-443 (Location of garages in side yards of corner lots) or 23-444 (Location of garages in side yards of other zoning lots).
5. (d) In R1-2A Districts and in R3, R4-1 and R4A Districts within #lower density growth management areas#, the permitted #floor area# of a #single-# or #two-family# #detached# or #semi-detached# #residence# may be increased by up to 300 square feet for one parking space and up to 500 square feet for two parking spaces provided such spaces are in a garage located, wholly or partly, in the #side lot ribbon# pursuant to Sections 23-12, paragraph (e), 23-443 or 23-444, except that in R1-2A Districts, such parking spaces need not be located in the #side lot ribbon#.
6. (e) In R2A Districts, the permitted #floor area# may be increased by up to 300 square feet for a detached garage located in a #rear yard#, except where a parking space is provided within a #building# containing #residences#.
7. (f) In R3 Districts, except for #zoning lots# containing #single-#, #two-# or three-#family# #residences#, 50 percent of the required #open space# on a #zoning lot#, except such #open space# in a #front yard#, shall have a minimum dimension of 12 feet and shall not be used for driveways, private streets, open or enclosed #accessory# off-street parking spaces or open or enclosed #accessory# off-street loading berths.
8. (g) In R4 and R5 Districts, except for #zoning lots# containing #single-#, #two-# or three- #family# #residences#, 33 percent of the required #open space# on a #zoning lot#, except such #open space# in a #front yard# or, in R5D Districts, the open area between the #street line# and #street wall# of a #building# or its prolongation, shall have a minimum dimension of 12 feet and shall not be used for driveways, private streets, open or enclosed #accessory# off-street parking spaces, or open or enclosed #accessory# offstreet loading berths.

23-143
Optional regulations for predominantly built-up areas

[REMOVING SECTION, REPLACING PREDOMINANTLY BUILT-UP AREA WITH NEW FRAMEWORK]

R4 R5

In the districts indicated without a letter suffix, the maximum #floor area ratio# and #lot coverage# and the minimum required #open space# for any #zoning lot# utilizing the special optional regulations of a #predominantly built-up area# are set forth in the following table:

District	Maximum #Lot Coverage# (in percent)	Minimum Required #Open Space# (in percent)	Maximum #Floor Area Ratio#
R4	55	45	1.35
R5	55	45	1.65

23-144
Affordable independent residences for seniors

[MOVING TEXT TO SECTION 23-213, AND MODIFYING]

R3-2 R4 R5

In the districts indicated, except R4-1, R4A, R4B, R5A, R5B and R5D Districts, the maximum #lot coverage# and maximum #floor area ratio# for #affordable independent residences for seniors# shall be as set forth in the table in this Section.

In R5D Districts, the #open space# and #floor area# regulations set forth in Section 23-142 (Open space and floor area regulations in R1 and R2 Districts with a letter suffix and R3 through R5 Districts) shall apply to #affordable independent residences for seniors#.

MAXIMUM FLOOR AREA RATIO FOR AFFORDABLE INDEPENDENT RESIDENCES FOR SENIORS IN R3-2, R4 AND R5 DISTRICTS

District	Maximum #Lot Coverage# (in percent)	Maximum #Floor Area Ratio#
R3-2	35	0.95
R4	45	1.29
R5	55	1.95

23-15
Open Space and Floor Area Regulations in R6 Through R10 Districts

[FLOOR AREA PROVISIONS MOVING TO 23-20, OPEN SPACE REGULATIONS MOVING TO 23-30, AND HEIGHT FACTOR PROVISIONS MOVING TO 23-70]

R6 R7 R8 R9 R10

In the districts indicated, for any #zoning lot#, the minimum required #open space# or #open space ratio# shall not be less than set forth in this Section, and the maximum #lot coverage# shall not exceed the #lot coverage# as set forth in this Section. Any given #lot area# or area of #open space# shall be counted only once in determining the #floor area ratio#, the amount of #open space# or the #open space ratio#.

In R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X, R10A or R10X Districts, any #building# containing #residences# shall comply with the #floor area ratio# and #lot coverage# regulations for #Quality Housing buildings# set forth in Section 23-153 (For Quality Housing buildings).

In R6, R7, R8, R9 and R10 Districts without a letter suffix, #buildings# containing #residences# may be #developed# or #enlarged# pursuant to the basic #floor area# and #open space# regulations set forth in Section 23-151 (Basic regulations for R6 though R9 Districts) or 23-152 (Basic regulations for R10 Districts), as applicable, or the regulations for #Quality Housing buildings# set forth in Section 23-153.

All #Quality Housing buildings# shall also comply with additional provisions set forth in Article II, Chapter 8.

The applicable #floor area ratio# for the district may be increased for #buildings# on #zoning lots# containing #affordable housing# or #affordable independent residences for seniors#, pursuant to Sections 23-154 (Inclusionary Housing) or 23-155 (Affordable independent residences for seniors), as applicable.

Special #lot coverage# provisions for shallow #zoning lots#, and #interior# or #through lots# within 100 feet of corners or located along the short dimension of the #block# are set forth in Section 23-156 (Special lot coverage provisions for certain interior or through lots).

For #zoning lots# with #buildings# containing multiple #uses# or multiple #buildings# with different #uses#, the maximum #floor area ratio# for each #use# shall be as set forth in the applicable provisions of this Section, inclusive, or Section 24-10 (FLOOR AREA AND LOT COVERAGE REGULATIONS), inclusive, 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, for #zoning lots# providing #affordable independent residences for seniors# and other #residential uses#, the total #floor area# allocated to #uses# other than #affordable independent residences for seniors# on the #zoning lot# shall not exceed the maximum #floor area ratio# permitted for #residential uses# set forth in Sections 23-151 or 23-153, as applicable. Furthermore, for such #zoning lots# providing #affordable independent residences for seniors# and other #residential uses# within R10 Districts or within #Inclusionary Housing designated areas#, the maximum #floor area ratio# on the #zoning lot# shall not exceed the base #floor area ratio# for the Inclusionary Housing Program set forth in Section 23-154 for the applicable district. Such base #floor area ratio# may be increased to the maximum #floor area ratio# set forth in such Section only through the provision of #affordable housing# pursuant to Section 23- 90 (INCLUSIONARY HOUSING). #Zoning lots# used exclusively for #affordable independent residences for seniors# within R10 Districts or within #Inclusionary Housing designated areas# shall remain subject to the maximum #floor area ratios# set forth in Section 23-155.

23-151
Basic regulations for R6 through R9 Districts

[MOVING TEXT TO 23-70]

R6 R7 R8 R9

In the districts indicated without a letter suffix, the minimum required #open space ratio# and the maximum #floor area ratio# for any #zoning lot# shall be determined by the #height factor# of such #zoning lot# as set forth in this Section.

MINIMUM REQUIRED OPEN SPACE RATIO AND MAXIMUM FLOOR AREA RATIO R6 through R9 Districts

For #zoning lots# with a #height factor# of	In R6 Districts		In R7 Districts		In R8 Districts		In R9 Districts
	Min. Req. #Open Space Ratio#	Max. #Floor Area Ratio#	Min. Req. #Open Space Ratio#	Max #Floor Area Ratio#	Min. Req. #Open Space Ratio#	Max. #Floor Area Ratio#	Min. Req. #Open Space Ratio#	Max. #Floor Area Ratio#
1	27.5	0.78	15.5	0.87	5.9	0.94	1.0	0.99
2	28.0	1.28	16.0	1.52	6.2	1.78	1.4	1.95
3	28.5	1.62	16.5	2.01	6.5	2.51	1.8	2.85
4	29.0	1.85	17.0	2.38	6.8	3.14	2.2	3.68
5	29.5	2.02	17.5	2.67	7.1	3.69	2.6	4.42
6	30.0	2.14	18.0	2.88	7.4	4.15	3.0	5.08
7	30.5	2.23	18.5	3.05	7.7	4.55	3.4	5.65
8	31.0	2.30	19.0	3.17	8.0	4.88	3.8	6.13
9	31.5	2.35	19.5	3.27	8.3	5.15	4.2	6.54
10	32.0	2.38	20.0	3.33	8.6	5.38	4.6	6.85
11	32.5	2.40	20.5	3.38	8.9	5.56	5.0	7.09
12	33.0	2.42	21.0	3.41	9.2	5.71	5.4	7.30
13	33.5	2.43	21.5	3.42	9.5	5.81	5.8	7.41
14	34.0	2.43	22.0	3.44	9.8	5.92	6.2	7.52
15	34.5	2.43	22.5	3.42	10.1	5.95	6.6	7.52
16	35.0	2.42	23.0	3.41	10.4	5.99	7.0	7.52
17	35.5	2.42	23.5	3.40	10.7	6.02	7.4	7.52
18	36.0	2.40	24.0	3.38	11.0	6.02	7.8	7.46
19	36.5	2.39	24.5	3.36	11.3	6.02	8.2	7.41
20	37.0	2.38	25.0	3.33	11.6	6.02	8.6	7.35
21	37.5	2.36	25.5	3.30	11.9	5.99	9.0	7.25

For #zoning lots# with #height factors# greater than 21, the minimum required #open space ratio# shall be as set forth in the following table:

OPEN SPACE RATIO FOR HIGH BUILDINGS

District	Minimum Required #Open Space Ratio# at #Height Factor# of 21	Additional Required #Open Space Ratio# for each Additional #Height Factor#
R6	37.5	0.5
R7	25.5	0.5
R8	11.9	0.3
R9	9.0	0.4

For these #zoning lots#, the maximum #floor area ratio# shall be such as can be attained at the required #open space ratio# for the #height factor#.*

1. (*) The #floor area ratio# attainable at a given #height factor# and a given #open space ratio# may be computed from the following formula:

1. 1

   ---

   F.A.R
2. =
3. O.S.R

   ---

   100
4. +
5. 1

   ---

   H.F

23-152
Basic regulations for R10 Districts

[REMOVING OVERALL FAR CAP. MOVING FAR TO 23-221]

In R10 Districts, the #floor area ratio# on a #zoning lot# shall not exceed 10.0.

Notwithstanding any other provision of this Resolution, the maximum #floor area ratio# shall not exceed 12.0.

23-153
For Quality Housing buildings

[LOT COVERAGE PROVISIONS MOVING TO 23-362 AND FLOOR AREA PROVISIONS MOVING TO 23-221]

R6 R7 R8 R9 R10

In the districts indicated, for #Quality Housing buildings#, the maximum #floor area ratio# and maximum #residential# #lot coverage# for #interior lots# or #through lots# shall be as set forth in the table in this Section. The maximum #residential# #lot coverage# for a #corner lot# shall be 100 percent.

MAXIMUM LOT COVERAGE AND FLOOR AREA RATIO FOR QUALITY HOUSING BUILDINGS

District	Maximum #Lot Coverage# for an #Interior Lot# or #Through Lot# (in percent)	Maximum #Floor Area Ratio#
R6	60	2.20
R62	60	2.43
R61,3 R6A R7B	65	3.00
R6B	60	2.00
R7	65	3.44
R71 R7A	65	4.00
R7D	65	4.20
R7X	70	5.00
R8 R8A R8X	70	6.02
R81	70	7.20
R8B	70	4.00
R9 R9A	70	7.52
R9D R9X	70	9.00
R10	70	10.00

1. ⁽¹⁾ for #zoning lots#, or portions thereof, located within 100 feet of a #wide street# in R6, R7 or R8 Districts without a letter suffix outside the #Manhattan Core#
2. ⁽²⁾ for #zoning lots# in an R6 District inside the #Manhattan Core# located within 100 feet of a #wide street#
3. ⁽³⁾ for #zoning lots# in an R6 District without a letter suffix the maximum #lot coverage# for any #MIH development# utilizing the height and setback provisions of paragraph (c) of Section 23-664 in Mandatory Inclusionary Housing Program Area 1, as of May 24, 2017 in Community District 9 in the Borough of the Bronx and in Mandatory Inclusionary Housing Program Area 2, as of September 7, 2017, in Community District 14 in the Borough of Queens.

23-154
Inclusionary Housing

[FLOOR AREA PROVISIONS MOVING TO 23-222, AND AFFORDABLE HOUSING PROGRAM ELEMENTS MOVING TO 28-00]

For #developments# or #enlargements# providing #affordable housing# pursuant to the Inclusionary Housing Program, as set forth in Section 23-90, inclusive, the maximum #floor area ratio# permitted in R10 Districts outside of #Inclusionary Housing designated areas# shall be as set forth in paragraph (a) of this Section, and the maximum #floor area ratio# in the #Inclusionary Housing designated areas# existing on March 22, 2016, shall be as set forth in paragraph (b) of this Section. Special provisions for specified #Inclusionary Housing designated areas# are set forth in paragraph (c) of this Section. Special #floor area# provisions for #zoning lots# in #Mandatory Inclusionary Housing areas# are set forth in paragraph (d) of this Section. The maximum #lot coverage# shall be as set forth in Section 23-153 (For Quality Housing buildings) for the applicable zoning district. For the purpose of this Section, defined terms include those set forth in Sections 12-10 and 23-911.

1. (a) R10 Districts outside of #Inclusionary Housing designated areas#
   
   The #residential# #floor area ratio# of a #compensated zoning lot# may be increased from a base #floor area ratio# of 10.0 to a maximum #floor area ratio# of 12.0 at the rate set forth in this Section, if such #compensated zoning lot# provides #affordable housing# that is restricted to #low income floor area#.
   
   For each square foot of #floor area# provided for a type of #affordable housing# listed in the table in this paragraph (a), the #floor area# of the #compensated zoning lot# may be increased by the amount of square feet set forth in the table, as applicable. Any #generating site# for which #public funding# has been received within the 15 years preceding the #regulatory agreement date#, or for which #public funding# is committed to be provided subsequent to such date, shall be deemed to be provided with #public funding#.

2. OPTIONS

   Without #public funding#	#New construction affordable housing# or #substantial rehabilitation affordable housing#	3.5
   	#Preservation affordable housing#	2.0
   With #public funding#	#New construction affordable housing#, #substantial rehabilitation affordable housing# or #preservation affordable housing	1.25

3. (b) #Inclusionary Housing designated areas#
   
   The #residential# #floor area# of a #zoning lot# may not exceed the base #floor area ratio# set forth in the table in this paragraph (b), 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, as applicable. 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#.

4. MAXIMUM RESIDENTIAL FLOOR AREA RATIO

   District	Base #floor area ratio#	Maximum #floor area ratio#
   R6B	2.00	2.20
   R61	2.20	2.42
   R62 R6A R7-21	2.70	3.60
   R7A R7-22	3.45	4.60
   4.60R7-3	3.75	5.0
   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
   R9X	7.3	9.70
   R10	9.00	12.00

5. ⁽¹⁾ for #zoning lots#, or portions thereof, beyond 100 feet of a #wide street#
6. ⁽²⁾ for #zoning lots#, or portions thereof, within 100 feet of a #wide street#
7. (c) Special provisions for specified #Inclusionary Housing designated areas#
8. 1. (1) Optional provisions for #large-scale general developments# in C4-6 or C5 Districts
      
      Within a #large-scale general development# in a C4-6 or C5 District, the special optional regulations as set forth in this paragraph (c)(1), inclusive, modify the provisions of paragraph (b) of this Section:
   2. 1. (i) The #residential# #floor area# of a #development# or #enlargement# may be increased by 0.833 square feet for each one square foot of #moderate income floor area#, or by 0.625 square feet for each one square foot of #middle income floor area#, provided that for each square foot of such #floor area compensation# there is one square foot of #floor area compensation#, pursuant to paragraph (b) of this Section;
      2. (ii) However, the amount of #affordable housing# required to receive such #floor area compensation# need not exceed the amounts specified in this paragraph, (c)(1)(ii). If #affordable housing# is provided for both #low income# and #moderate income households#, the amount of #moderate income floor area# need not exceed 15 percent of the total #floor area#, exclusive of ground floor non-#residential# #floor area#, on the #zoning lot#, provided that the amount of #low income floor area# is at least 10 percent of the total #floor area#, exclusive of ground floor non- #residential# #floor area#, on the #zoning lot#. If #affordable housing# is provided for both #middle income households# and #low income households#, the amount of #middle income floor area# need not exceed 20 percent of the total #floor area#, exclusive of ground floor non #residential# #floor area#, on the #zoning lot#, provided that the amount of #low income floor area# is at least 10 percent of the total #floor area#, exclusive of ground floor non-#residential# #floor area#, on the #zoning lot#.

   For the purposes of this paragraph, (c)(1), inclusive, #low income floor area# may be considered #moderate income floor area# or #middle income floor area#, and #moderate income floor area# may be considered #middle income floor area#.

   3. (2) Special provisions for #large-scale general developments# in Community District 1 in the Borough of Queens
      
      Special provisions shall apply to #zoning lots# within a #large-scale general development# that contains R6B, R7A and R7-3 Districts within an #Inclusionary Housing designated area#, as follows:
   4. 1. (i) For #zoning lots#, or portions thereof, that are located within R6B, R7A or R7-3 Districts, the base #floor area ratio# set forth in paragraph (b) of this Section shall not apply. No #residential# #development# or #enlargement# shall be permitted unless #affordable floor area# is provided pursuant to the provisions of this paragraph. The amount of #low-income floor area# provided shall equal no less than 10 percent of the #floor area# on such #zoning lot#, excluding any ground floor non-#residential# #floor area#, #floor area# within a #school#, or any #floor area# increase resulting from the provision of a #FRESH food store# and the amount of #moderateincome floor area# provided shall equal no less than 15 percent of the #floor area# on such #zoning lot#, excluding any ground floor non- #residential# #floor area#, #floor area# within a #school#, or any #floor area# increase resulting from the provision of a #FRESH food store#. For the purposes of this paragraph (c)(2)(i), inclusive, #low income floor area# may be considered #moderate income floor area#; and
      2. (ii) The amount of #affordable floor area# utilizing #public funding# that may count toward satisfying the #affordable floor area# required in paragraph (c)(2)(i) of this Section shall be determined in accordance with procedures prescribed by the City Planning Commission purs
   5. (3) Special provisions for #compensated zoning lots#
      
      Special provisions shall apply to #compensated zoning lots# located within:
   6. 1. (i) R6, R7-3 and R8 Districts on #waterfront blocks# in #Inclusionary Housing designated areas# within Community District 1, Borough of Brooklyn, as set forth in Section 62-352; or
      2. (ii) the #Special Hudson Yards District#, #Special Clinton District# and #Special West Chelsea District#, as set forth in Sections 93-23, 96-21 and 98-26, respectively.
9. (d) Special #floor area# provisions for #zoning lots# in #Mandatory Inclusionary Housing areas#
   
   For #zoning lots# in #Mandatory Inclusionary Housing areas#, the following provisions shall apply:
10. 1. (1) Affordable housing requirement
       
       Except where permitted by special permit of the Board of Standards and Appeals pursuant to Section 73-624 (Reduction or modification of Mandatory Inclusionary Housing requirements), or as provided in paragraph (d)(4) of this Section 23-154, no #residential# #development#, #enlargement# or #conversion# from non- #residential# to #residential use# shall be permitted unless #affordable housing#, as defined in Section 23-911 (General definitions) is provided or a contribution is made to the #affordable housing fund#, as defined in Section 23-911, pursuant to the provisions set forth in paragraph (d)(3)(i) through (d)(3)(v) and (d)(5) of this Section, inclusive.
    2. (2) Maximum #floor area ratio#
       
       The maximum #floor area ratio# for the applicable zoning district in #Inclusionary Housing designated areas# set forth in paragraph (b) of this Section shall apply to the applicable zoning district in a #Mandatory Inclusionary Housing area#, except:
    3. 1. (i) in an R6 District, without a letter suffix, the maximum #floor area ratio# shall be 3.6 in the following areas:
       2. 1. (a) Mandatory Inclusionary Housing Program Area 1, as of May 24, 2017, in Community District 9 in the Borough of the Bronx; and
          2. (b) Mandatory Inclusionary Housing Program Area 2, as of September 7, 2017, in Community District 14 in the Borough of Queens.
       3. (ii) in an R7-1 or R7-2 District, the maximum #floor area ratio# shall be 4.6, except that the maximum #floor area ratio# for an R7-2 District in a #Mandatory Inclusionary Housing area# in Community District 5, Borough of Brooklyn, mapped on or before April 20, 2016, shall be as set forth in paragraph (b) of this Section;
       4. (iii) in an R7-3 or R7X District, the maximum #floor area ratio# shall be 6.0; and
       5. (iv) in an R9-1 District the maximum #floor area ratio# shall be 9.0.

    In addition, in R6, R7-1, R7-2, R8 and R9 Districts without a letter suffix, where the basic height and setback requirements are utilized pursuant to paragraph (b) of Section 23-952, the maximum #floor area ratio# shall be determined in accordance with the provisions of Section 23-151 (Basic regulations for R6 through R9 Districts).
    
    For any #development#, #enlargement# or #conversion# from non-#residential# to #residential use# that is subject to the provisions of paragraph (d)(4) of this Section, the maximum #floor area ratio# for the applicable district outside of #Inclusionary Housing designated areas# or #Mandatory Inclusionary Housing areas# shall apply.

    4. (3) Options for compliance with affordable housing requirement
       
       The maximum #floor area ratio# for the applicable zoning district in #Inclusionary Housing designated areas# set forth in paragraph (b) of this Section shall apply to the applicable zoning district in a #Mandatory Inclusionary Housing area#, except:
       
       Options for compliance with the affordable housing requirement of paragraph (d)(1) of this Section are set forth in the following paragraphs (d)(3)(i) through (d)(3)(v). These options shall be applicable within #Mandatory Inclusionary Housing areas# as indicated in APPENDIX F of this Resolution. The Deep Affordability Option or the Workforce Option shall only be made applicable in combination with Option 1 or Option 2. Regardless of whether every option specified in this paragraph (d)(3), inclusive, is included in a land use application for applicability to a proposed #Mandatory Inclusionary Housing area# or as a term or condition of a special permit pursuant to this Resolution, all affordability options available under the provisions of this paragraph (d)(3), inclusive, shall be part of the subject matter of each such application throughout the land use review process. The Workforce Option shall not be applicable within the #Manhattan Core#. A #development#, #enlargement# or #conversion# from non-#residential# to #residential use# shall comply with either Option 1, Option 2, the Deep Affordability Option, the Workforce Option, or the Affordable Housing Fund Option, as applicable.
       
       When a #building# containing #residences# is #enlarged#, the following shall be considered part of the #enlargement# for the purposes of this paragraph (d)(3), inclusive: #residential# #floor area# that is reconstructed, or #residential# #floor area# that is located within a #dwelling unit# where the layout has been changed.
    5. 1. (i) Option 1
          
          For #MIH developments# utilizing Option 1, an amount of #affordable floor area# for #qualifying households# shall be provided that is equal to at least 25 percent of the #residential# #floor area# within such #MIH development#. The weighted average of all #income bands# for #affordable housing units# shall not exceed 60 percent of the #income index#, and there shall be no more than three #income bands#. At least 10 percent of the #residential# #floor area# within such #MIH development# shall be affordable within an #income band# at 40 percent of the #income index#, and no #income band# shall exceed 130 percent of the #income index#.
       2. (ii) Option 2
          
          For #MIH developments# utilizing Option 2, an amount of #affordable floor area# for #qualifying households# shall be provided that is equal to at least 30 percent of the #residential# #floor area# within such #MIH development#. The weighted average of all #income bands# for #affordable housing units# shall not exceed 80 percent of the #income index#, and there shall be no more than three #income bands#. No #income band# shall exceed 130 percent of the #income index#.
       3. (iii) Deep Affordability Option
          
          For #MIH developments# utilizing the Deep Affordability Option, an amount of #affordable floor area# for #qualifying households# shall be provided that is equal to at least 20 percent of the #residential# #floor area# within such #MIH development#. The weighted average of all #income bands# for #affordable housing units# shall not exceed 40 percent of the #income index#, and there shall be no more than three #income bands#. No #income band# shall exceed 130 percent of the #income index#. No #public funding# shall be utilized for such #MIH development# except where #HPD# determines that such #public funding# is necessary to support a significant amount of affordable housing that is in addition to the #affordable floor area# satisfying the requirements of this Section.
       4. (iv) Workforce Option
          
          For #MIH developments# utilizing the Workforce Option, an amount of #affordable floor area# for #qualifying households# shall be provided that is equal to at least 30 percent of the #residential# #floor area# within such #MIH development#. The weighted average of all #income bands# for #affordable housing units# shall not exceed 115 percent of the #income index#, and there shall be no more than four #income bands#. No #income band# shall exceed 135 percent of the #income index#. At least 5 percent of the #residential# #floor area# within such #MIH development# shall be affordable within an #income band# at 70 percent of the #income index#, and in addition, at least five percent of the #residential# #floor area# within such #MIH development# shall be affordable within an #income band# at 90 percent of the #income index#. Such #MIH development# may not utilize #public funding#.
          
          The Workforce Option shall expire within a #Mandatory Inclusionary Housing area# 10 years after the effective date of the amendment establishing or renewing such option in a #Mandatory Inclusionary Housing area#, as indicated in APPENDIX F of this Resolution. However, the Workforce Option shall apply to an #MIH development# that has filed an #MIH application# for such option prior to expiration of such option, provided that the #MIH development# complies with all provisions of Section 11-33 (Building Permits for Minor or Major Development or Other Construction Issued before Effective Date of Amendment), inclusive. For the purposes of applying the provisions of Section 11-33, the effective date of applicable amendment shall be six months after the date of the expiration of the Workforce Option in such #Mandatory Inclusionary Housing area#.
          
          The Workforce Option shall not be permitted to be utilized for any #development#, #enlargement#, or #conversion# from non-#residential# to #residential use# within the #Manhattan Core#.
       5. (v) Affordable Housing Fund option
          
          A #development#, #enlargement#, or #conversion# from non-#residential# to #residential use# that increases the number of #dwelling units# by no more than 25, and increases #residential# #floor area# on the #zoning lot# by less than 25,000 square feet, may satisfy the requirements of this Section by making a contribution to the #affordable housing fund#. The amount of such contribution shall approximate, using the best available data, the cost of providing the #affordable floor area# in the same Community District as the #MIH development#. A schedule setting forth the contribution amount for each affected Community District shall be established by #HPD# and shall be updated on an annual basis, as set forth in the #guidelines#.
    6. (4) Exceptions
       
       The requirements of paragraph (d) of this Section shall not apply to:
    7. 1. (i) A single #development#, #enlargement#, or #conversion# from non- #residential# to #residential use# of not more than 10 #dwelling units# and not more than 12,500 square feet of #residential# #floor area# on a #zoning lot# that existed on the date of establishment of the applicable #Mandatory Inclusionary Housing area#;
       2. (ii) a #development#, #enlargement#, or #conversion# from non-#residential# to #residential use# containing no #residences# other than #affordable independent residences for seniors#; or
       3. (iii) a #development#, #enlargement#, or #conversion# from non-#residential# to #residential use# that is granted a full waiver of the requirements set forth in paragraph (d)(3), inclusive, of this Section by special permit of the Board of Standards and Appeals pursuant to Section 73-624 (Reduction or modification of Mandatory Inclusionary Housing requirements).
    8. (5) When #affordable floor area# is provided on an #MIH site# that is not an #MIH zoning lot# pursuant to paragraph (a) of Section 23-96 (Requirements for Generating Sites or MIH Sites), the amount of #affordable floor area# required pursuant to paragraphs (d)(3)(i) through (d)(3)(iv) of this Section shall be increased by an amount equal to five percent of the #residential# #floor area# within such #MIH development#, multiplied by the percentage of the #affordable floor area# that is provided on an #MIH site# that is not an #MIH zoning lot#. Such additional #affordable floor area# shall be provided for #qualifying households# at income levels that comply with the average #income bands# specified in paragraphs (d)(3)(i) through (d)(3)(iv) of this Section, as applicable to the #MIH development#.

23-155
Affordable independent residences for seniors

[FLOOR AREA PROVISIONS MOVING TO 23-222]

R6 R7 R8 R9 R10

In the districts indicated, the maximum #floor area ratio# for #affordable independent residences for seniors# utilizing the Quality Housing #bulk# regulations shall be as set forth in the table in this Section.

In R6, R7, R8, R9 or R10 Districts without a letter suffix, the maximum #floor area ratio# and #open space ratio# for #affordable independent residences for seniors# utilizing the basic #bulk# regulations shall be as set forth for #residential uses# in Sections 23-151 (Basic regulations for R6 through R9 Districts) and 23-152 (Basic regulations for R10 Districts), as applicable.

MAXIMUM FLOOR AREA RATIO FOR AFFORDABLE INDEPENDENT RESIDENCES FOR SENIORS IN QUALITY HOUSING BUILDINGS

District	Maximum #Floor Area Ratio#
R6 R6A R7B	3.90
R6B	2.20
R7 R7A	5.01
R7D	5.60
R7X	6.00
R8 R8A R8X	7.20
R8B	4.00
R9	8.00
R9-1	9.00
R9A	8.50
R9X	9.70
R9D	10.00
R10 R10A R10X	12.00

23-156
Special lot coverage provisions for certain interior or through lots

[MOVING TEXT TO 23-363]

R6 R7 R8 R9 R10

In the districts indicated, the maximum #lot coverage# set forth in Section 23-153 (For Quality Housing buildings), may be increased for shallow #zoning lots# in accordance with paragraph (a) of this Section, and may be increased for #interior# or #through lots# within 100 feet of corners or located along the short dimension of the #block#, in accordance with paragraph (b) of this Section.

1. (a) Shallow #zoning lots#
   
   The maximum #lot coverage# for shallow #interior# or #through lots# may be increased as follows:
2. 1. (1) For shallow #interior lots#
      
      In the districts indicated, if an #interior lot# was owned separately and individually from all other adjoining tracts of land, both on December 15, 1961, and on the date of application for a #building permit#, and is less than 90 feet deep at any point, the maximum #lot coverage# of such #zoning lot#, or portion thereof, may be increased by one percent for every five feet the depth of such #zoning lot#, or portion thereof, is less than 90 feet. Where the #front lot line# or #rear lot line# of a #zoning lot# intersects a #side lot line# at an angle other than 90 degrees, the depth of such #zoning lot#, or portion thereof, shall be measured at the midpoint of such irregularly angled #lot line#.
   2. (2) For shallow #through lots#
      
      In the districts indicated, if a #through lot# was owned separately and individually from all other adjoining tracts of land, both on December 15, 1961, and on the date of application for a #building permit#, and is less than 180 feet deep at any point, the maximum #lot coverage# of such #zoning lot#, or portion thereof, may be increased by one percent for every five feet the depth of such #zoning lot#, or portion thereof, is less than 180 feet. Where the #front lot line# or #rear lot line# of a #zoning lot# intersects a #side lot line# at an angle other than 90 degrees, the depth of such #zoning lot#, or portion thereof, shall be measured at the midpoint of such irregularly angled #lot line#.
   3. (3) Special provisions for #zoning lots# created after December 15, 1961
      
      Notwithstanding the provisions of paragraphs (a)(1) and (a)(2) of this Section, the special #lot coverage# provisions of this Section may be applied to a #zoning lot#, or portion thereof, created after December 15, 1961, provided that the shallow lot condition was in existence on December 15, 1961, and subsequently such shallow lot condition on the #zoning lot#, or portion thereof, has neither increased nor decreased in depth.
   4. (4) For #zoning lots# with shallow portions
      
      Where a portion of a #zoning lot# is less than 90 feet for an #interior lot#, or 180 feet for a #through lot#, an adjusted maximum #lot coverage# shall be established for the #zoning lot# by multiplying the maximum percent of #lot coverage# permitted for the shallow portion of the #zoning lot# established pursuant to paragraphs (a)(1) or (a)(2) of this Section by the percentage such portion constitutes of the #lot area# of the #zoning lot#, and by multiplying the maximum percent of #lot coverage# permitted for the non-shallow portion of the #zoning lot# established pursuant to Section 23-153 (For Quality Housing buildings) by the percentage such portion constitutes of the #lot area# of the #zoning lot#. The sum of the areas of #lot coverage# thus obtained shall be the adjusted maximum percent of #lot coverage# for the #zoning lot#.
   5. (5) Maximum coverage
      
      In no event shall the maximum #lot coverage# of an #interior lot# or #through lot# exceed 80 percent. Shallow portions of a #zoning lot# may exceed such maximum, so long as the adjusted maximum #lot coverage# set forth in paragraph (a)(4) of this Section complies with such maximum.
3. (b) Within 100 feet of corners or along the short dimension of the #block#
   
   The maximum #lot coverage# for #interior# or #through lots#, or portions thereof, within 100 feet of the corner, or located along the short dimension of the #block#, may be increased as follows:
4. 1. (1) Within 100 feet of the corner
      
      In the districts indicated, for #interior# or #through lots#, or portions thereof, within 100 feet of the point of intersection of two #street lines# intersecting at an angle of 135 degrees or less, the maximum #lot coverage# shall be 100 percent.
   2. (2) Along the short dimension of the block
      
      In the districts indicated, whenever a #front lot line# of an #interior# or #through lot# coincides with all or part of a #street line# measuring less than 230 feet in length between two intersecting #streets#, the maximum #lot coverage# for such #zoning lot#, or portion thereof, shall be 100 percent within 100 feet of such #front lot line#.

23-16
Special Floor Area and Lot Coverage Provisions for Certain Areas

[CONSOLIDATING R9 TOWER FLOOR AREA PROVISION WITH SECTION 23-221, R9/R10 TOWER RELATED PROVISIONS MOVING TO 23-242, AND CONSOLIDATING COVERAGE PROVISIONS WITH 23-36. COMMUNITY DISTRICT SPECIFIC PROVISIONS MOVING TO 23-444]

The #floor area ratio# provisions of Sections 23-14 (Open Space and Floor Area Regulations in R1 Through R5 Districts) and 23-15 (Open Space and Floor Area Regulations in R6 Through R10 Districts), inclusive, shall be modified for certain areas, as follows:

1. (a) For standard tower and tower-on-a-base #buildings# in R9 and R10 Districts
2. 1. (1) In R9 Districts, for #zoning lots# where #buildings# are #developed# or #enlarged# pursuant to the tower-on-a-base provisions of Section 23-651, the maximum #floor area ratio# shall be 7.52, and the maximum #lot coverage# shall be 100 percent on a #corner lot# and 70 percent on an #interior lot#.
   2. (2) In R9 and R10 Districts, for #zoning lots# containing a #building# that is #developed# or #enlarged# pursuant to the applicable tower regulations of Section 23-65 (Tower Regulations), inclusive, any floor space used for mechanical equipment provided pursuant to paragraph (8) of the definition of #floor area# in Section 12-10 (DEFINITIONS), and any floor space that is or becomes unused or inaccessible within a #building#, pursuant to paragraph (k) of the definition of #floor area# in Section 12-10, shall be considered #floor area# and calculated in accordance with the provisions of this Section, provided that such floor space:
   3. 1. (i) occupies the predominant portion of a #story#;
      2. (ii) is located above the #base plane# or #curb level#, as applicable, and below the highest #story# containing #residential# #floor area#; and
      3. (iii) exceeds an aggregate height of 25 feet within any given 75 vertical feet of one another within a #building#.

   For the purpose of applying this provision, the height of such floor space shall be measured from the top of a structural floor to the bottom of a structural floor directly above such space. In addition, the number of #stories# of #floor area# such space constitutes within the #building# shall be determined by aggregating the total height of such floor spaces, dividing by 25 feet, and rounding to the nearest whole integer.

3. (b) For R10 Districts in Community District 7 in the Borough of Manhattan
   
   Within the boundaries of Community District 7 in the Borough of Manhattan, in R10 Districts, except R10A or R10X Districts, the maximum #floor area ratio# shall be 10.0. No #floor area# bonuses shall be permitted except as granted by the City Planning Commission pursuant to the provisions of Section 66-51 (Additional Floor Area for Mass Transit Station Improvements).
4. (c) For R8 Districts in Community District 9 in the Borough of Manhattan
   
   Within the boundaries of Community District 9 in the Borough of Manhattan, all #buildings# located in R8 Districts north of West 125th Street shall be #developed# or #enlarged# pursuant to the Quality Housing Program and are subject to the #floor area# regulations set forth in Section 23-153 (For Quality Housing buildings).
5. (d) Optional provisions for certain R5 and R6 Districts in Community District 12 in the Borough of Brooklyn
   
   Within the area bounded by 39th Street, Dahill Road, Ditmas Avenue, McDonald Avenue, Bay Parkway, 61st Street and Fort Hamilton Parkway in Community District 12, in the Borough of Brooklyn, special optional provisions are established for #zoning lots# containing #buildings# used exclusively as #single-#, #two-# or three-#family# #residences#, as set forth in this Section. Except as modified by the express provisions of this Section, the regulations of R5 and R6 Districts remain in effect.
6. 1. (1) #Floor area#, #lot coverage#, #open space#, density and #height factor# regulations
      
      Where the optional provisions of this Section are applied, the regulations of Article II, Chapter 3, relating to #floor area ratio#, #open space#, density and #height factor# are hereby made inapplicable. In lieu thereof, the maximum #floor area ratio# for a #corner lot# shall not exceed 1.65 and the #floor area ratio# for an #interior# or #through lot# shall not exceed 1.8 in R5 Districts and 1.95 in R6 Districts. Notwithstanding the definition of #floor area# in Section 12-10, the lowest #story# shall be included in the definition of #floor area#, and floor space used for #accessory# off-street parking spaces shall be included in the definition of #floor area# unless such spaces are located in a #cellar#. The #lot coverage# for a #corner lot# shall not exceed 55 percent and the #lot coverage# for an #interior# or #through lot# shall not exceed 60 percent in R5 Districts and 65 percent in R6 Districts.
   2. (2) #Building# height
      
      No #building# shall exceed a height of 35 feet above #curb level#, or three #stories#, whichever is less. Where the optional provisions of this Section are applied, the regulations of Article II, Chapter 3, relating to height and setback, are hereby made inapplicable, except that the provisions of Section 23-62 (Permitted Obstructions) shall apply.
   3. (3) #Front yards#
      
      In R5 Districts, the following #front yard# regulations are applicable. A #front yard# shall be provided with a depth of not less than five feet provided that, for #corner lots#, one #front yard# with a depth of not less than 10 feet is required. If the depth of the #front yard# exceeds 10 feet, such #front yard# shall have a depth of not less than 18 feet. In R6 Districts, a #front yard# is not required.
   4. (4) #Side yards#
      
      In R5 Districts, the following #side yard# regulations shall apply:
   5. 1. (i) Where an existing #building# on an adjacent #zoning lot# is located on the common #side lot line#, no #side yard# is required. However, if an open area extending along such common #side lot line# is provided, it shall be at least eight feet wide.
      2. (ii) Where an existing #building# on an adjacent #zoning lot# is located less than eight feet from, but not on, the common #side lot line#, a #side yard# at least four feet wide is required. However, in no case shall the distance between a new or #enlarged# #building# and an existing #building# across a common #side lot line# on an adjacent #zoning lot# be less than eight feet.
      3. (iii) Where an adjacent #zoning lot# is vacant or where an existing #building# on an adjacent #zoning lot# is located more than eight feet from the common #side lot line#, a #side yard# at least four feet wide is required.
      4. (iv) In R6 Districts, a #side yard# is not required. However, when a #building# is 62 feet or more in depth, an eight foot #side yard# or an #ou
      5. (v) Notwithstanding the provisions of paragraphs (d)(1) and (d)(3) of this Section, #detached# #single-#, #two-# and three-#family# #residences# on #corner lots# shall provide #side yards# of five feet and 20 feet. #Semidetached# #single-#, #two-# and three-#family# #residences# on #corner lots# shall provide one #side yard# of 20 feet.
   6. (5) #Rear yards#
      
      #Single-# or #two-family# #residences# consisting of #detached#, #semidetached# or #zero lot line buildings# may project up to 10 feet into a required #rear yard# or #rear yard equivalent#, provided that there is a #side yard# of at least eight feet for such #semi-detached# or #zero lot line buildings#, and that the total width of #side yards# for a #detached building# is at least eight feet.
   7. (6) #Outer court# and minimum distance between #legally required windows# and walls or #lot lines#
      
      In R6 Districts, the #outer court# provisions of Section 23-84 are modified as follows: an #outer court# shall have a minimum width of 10 feet and a depth of not more than twice the width.
      
      Where a #building# is attached, along a common #side lot line#, to a portion of an existing or new #building# on an adjacent #zoning lot#, there may be a joint #outer court# with a minimum width of 10 feet across such common #side lot line#. The requirements of Section 23-86 (Minimum Distance Between Legally Required Windows and Walls or Lot Lines) are hereby made inapplicable.
   8. (7) Off-street parking in R5 and R6 Districts
      
      No #accessory# off-street parking is required in R5 and R6 Districts.

23-17
Existing Public Amenities for Which Floor Area Bonuses Have Been Received

[MOVING TEXT TO 23-244 ]

1. (a) Elimination or reduction in size of non-bonused open area on a #zoning lot# containing a bonused amenity
   
   In all districts, any existing open area for which a #floor area# bonus has not been utilized that occupies the same #zoning lot# as an existing #publicly accessible open area# or other public amenity, open or enclosed, for which a #floor area# bonus has been utilized, may be reduced in size or eliminated only upon certification of the Chairperson of the City Planning Commission that all bonused amenities comply with the standards under which such #floor area# bonus was granted
2. (b) Nighttime closing of existing public open areas
   
   In all #Residence Districts#, the Commission may, upon application, authorize the closing during certain nighttime hours of an existing #publicly accessible open area# for which a #floor area# bonus has been received, pursuant to Section 37-727 (Hours of access).
3. (c) Elimination or reduction in size of existing public amenities
   
   In all districts, no existing #publicly accessible open area#, #arcade# or other public amenity, open or enclosed, for which a #floor area# bonus has been utilized, shall be eliminated or reduced in size except by special permit of the Commission, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).

23-18
Special Provisions for Zoning Lots Divided by District Boundaries or Subject to Different Bulk Regulations

[MOVING TO SECTION 23-03 INTO A CONSOLIDATED RULE]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, whenever a #zoning lot# is divided by a boundary between districts or is subject to #bulk# regulations resulting in different minimum required #open space ratios#, different maximum #floor area ratios# or different #lot coverages# on portions of the #zoning lot#, the provisions set forth in Article VII, Chapter 7, shall apply

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BEGINNING OF 23-10 THROUGH 23-19 NEW TEXT

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23-10
LOT AREA AND LOT WIDTH REGULATIONS

[MOVING TEXT FROM SECTION 23-30, AND MODIFYING]

Minimum #lot area# and #lot width# regulations are set forth in Section 23-11 for R1 through R5 Districts and Section 23-12 for R6 through R12 Districts.

However, such #lot area# and #lot width# regulations shall not apply to #developments# or #enlargements# on #zoning lots# in existence on [date of adoption] where the #lot area# or #lot width# was less than the prescribed minimums of such Sections, and after [date of adoption] such #lot area# or #lot width# has not decreased.

Where two or more #buildings# that are #single-# or #two-family# #detached# or #zero lot line# #residences# are located on a #zoning lot#, the applicable minimum #lot area# requirement set forth in the table in this Section shall be multiplied by the number of such #buildings# on the #zoning lot#.

23-11
Lot Area and Lot Width Regulations in R1 Through R5 Districts

[MOVING TEXT FROM SECTION 23-32, AND MODIFYING]

R1 R2 R3 R4 R5

In the districts indicated, no #residence# shall be permitted on a #zoning lot# with a total #lot area# or #lot width# less than as set forth in the following table:

REQUIRED MINIMUM LOT AREA AND LOT WIDTH

Type of #Residence#	District	Minimum #Lot Area# (in sq. ft)	Minimum #Lot Width# (in ft)
#Single-# or #two-family# #detached#, where permitted	R1-1 R1-2 R1-2A	4,750	50
	R2 R2A R2X R3X	2,850	30
#Single-# or #two-family# #detached# or #zero lot line#, where permitted	R3-1 R3A R4-1 R4A R4B R5A	2,375	25
#Single-# or #two-family# #detached# or #zero lot line#	R3-2 R4 R5 R5B R5D	2,375	25
Other #residences#, where permitted	R1 – R5	1,700	18

23-12
Lot Area and Lot Width Regulations in R6 through R12 Districts

[MOVING TEXT FROM SECTION 23-32, AND MODIFYING]

R6 R7 R8 R9 R10 R11 R12

In the districts indicated, no #residence# shall be permitted on a #zoning lot# with a total #lot area# or #lot width# less than as set forth in the following table:

REQUIRED MINIMUM LOT AREA AND LOT WIDTH

Type of #Residence#	District	Minimum #Lot Area# (in sq. ft)	Minimum #Lot Width# (in ft)
#Single-# or #two-family# #detached# or #zero lot line#	R6 - R12	2,375	25
Other #residences#	R6 - R12	1.700	18

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END OF 23-10 THROUGH 23-19 NEW TEXT

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23-20
DENSITY REGULATIONS

[ENTIRE DENSITY PROVISIONS MOVING TO 23-50, INCLUSIVE]

23-21
Required Floor Area per Dwelling Unit

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

This Section shall apply to existing #buildings# in which the number of #dwelling units# is increased as well as to all new #development#.

Any given #floor area# shall be counted only once in meeting the #floor area# requirements.

In all districts, as indicated, the #floor area# requirement per #dwelling unit# shall not be less than as set forth in this Section, except as provided in Sections 23-24 (Special Provisions for Buildings Containing Multiple Uses) or Section 23-25 (Special Provisions for Existing Small Zoning Lots).

23-22
Maximum Number of Dwelling Units

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the maximum number of #dwelling units# shall equal the maximum #residential# #floor area# permitted on the #zoning lot# divided by the applicable factor in the following table. In R1 through R5 Districts, no #rooming units# shall be permitted and any #dwelling unit# shall be occupied by only one #family#. Fractions equal to or greater than threequarters resulting from this calculation shall be considered to be one #dwelling unit#.

For the purposes of this Section, where a #floor area ratio# is determined pursuant to Section 23- 151 (Basic regulations for R6 through R9 Districts), notwithstanding the #height factor# of the #zoning lot#, the maximum #residential# #floor area ratio# shall be 2.43 in an R6 District within 100 feet of a #wide street#, 3.44 in an R7 District and 6.02 in an R8 District. In an R6 District beyond 100 feet of a #wide street#, the maximum #residential# #floor area ratio# shall be as specified in Section 23-151, or 2.2, whichever is greater.

For #affordable independent residences for seniors#, there shall be no applicable #dwelling unit# factor

For #zoning lots# with #buildings# containing multiple #uses# or multiple #buildings# with different #uses#, special provisions are set forth in Section 23-24 (Special Provisions for Buildings Containing Multiple Uses) to determine the maximum number of #dwelling units# permitted.

FACTOR FOR DETERMINING MAXIMUM NUMBER OF DWELLING UNITS

District	Factor for #Dwelling Units#
R1-1	4,750
R1-2	2,850
R2 R2A	1,900
R2X	2,900
R3-1 R3-21	625
R3A	710
R3-2 R4 R4-1 R4B	870
R3X	1,000
R4A	1,280
R42 R5 2 R5B	900
R5 R5D	760
R5A	1,560
R5B3	1,350
R6 R7 R8 R9 R10	680

1. ⁽¹⁾ for #single-# and #two-family# #detached# and #semi-detached# #residences#
2. ⁽²⁾ for #residences# in a #predominantly built-up area#
3. (3) for #zoning lots# with less than 40 feet of #street# frontage and existing on the effective date of establishing such districts on the #zoning maps#

23-23
Minimum Size of Dwelling Units

[REMOVING TEXT]

R3 R4 R5

1. (a) In the districts indicated, for all #buildings# other than #affordable independent residences for seniors#, each #dwelling unit# shall contain at least 300 square feet of #floor area#. For #affordable independent residences for seniors#, each #dwelling unit# shall contain at least 325 square feet of #floor area#.
3. 1. R3 R4-1 R4A
4. (b) In the districts indicated, for all two-family #detached# and, where permitted, two-family #semi-detached# and #zero lot line buildings#, one #dwelling unit# shall contain at least 925 square feet.
5. 1. R6 R7 R8 R9 R10
6. (c) In the districts indicated, for #affordable independent residences for seniors#, each #dwelling unit# shall contain at least 325 square feet of #floor area#.

23-24
Special Provisions for Buildings Containing Multiple Uses

[MOVING TEXT TO 23-52]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, for #zoning lots# with #buildings# containing multiple #uses# or multiple #buildings# with different #uses#, the maximum number of #dwelling units# permitted on the #zoning lot# shall equal the maximum #residential# #floor area# permitted on the #zoning lot#, divided by the applicable factor in Section 23-22 (Maximum Number of Dwelling Units). For the purposes of such calculation, the maximum #residential# #floor area# permitted on the #zoning lot# shall equal the applicable total #floor area# permitted on the #zoning lot#, minus the amount of non-#residential# #floor area# and #floor area# allocated to #affordable independent residences for seniors#. Where #floor area# in a #building# is shared by multiple #uses#, the #floor area# for such shared portion shall be attributed to each #use# proportionately, based on the percentage each #use# occupies of the total #floor area# of the #zoning lot#, less any shared #floor area#.

23-25
Special Provisions for Existing Small Zoning Lots

[REMOVING TEXT]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, notwithstanding the provisions of Section 23-22 (Maximum Number of Dwelling Units), one #single-family# #detached# #residence# or, where permitted, one #single-family residence#, may be built upon a #zoning lot# consisting entirely of a tract of land that was owned separately and individually from all other adjoining tracts of land, both on December 15, 1961, and on the date of application for a building permit.

23-26
Special Provisions for Zoning Lots Divided by District Boundaries

[REMOVING TEXT]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, whenever a #zoning lot# is divided by a boundary between districts or is subject to other regulations resulting in different requirements for density, the provisions set forth in Article VII, Chapter 7, shall apply.

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BEGINNING OF 23-20 THROUGH 23-29 NEW TEXT

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23-20
FLOOR AREA REGULATIONS

[MOVING TEXT FROM SECTION 23-10, AND MODIFYING]

#Floor area# regulations are set forth in Section 23-21 for R1 through R5 Districts and Section 23-22 for R6 through R12 Districts. Special allowances for multi-family #buildings# are set forth in Section 23-23. Special rules governing certain areas are set forth in Section 23-24.

For #zoning lots# with #buildings# containing multiple #uses# or multiple #buildings# with different #uses#, the maximum #floor area ratio# for each #use# shall be as set forth in the applicable provisions of this Section, inclusive, or as provided in the respective #floor area# provisions of another Chapter of this Resolution. The total of all such #floor area ratios# shall not exceed the greatest #floor area ratio# permitted for any such #use# on the #zoning lot#.

Where #floor area# in a #building# is shared by multiple #uses#, the #floor area# for such shared portion shall be attributed to each #use# proportionately, based on the percentage each #use# occupies of the total #floor area# of the #zoning lot#, less any shared #floor area#.

23-21
Floor Area Regulations for R1 through R5 Districts

[MOVING TEXT FROM SECTION 23-14]

R1 R2 R3 R4 R5

In the districts indicated, the basic #floor area ratio# for #residences# shall be set forth in Section 23-211. Such #floor area ratios# may be modified on #qualifying transit-accessible sites# or on #zoning lots# containing #qualfying senior housing# pursuant to Sections 23-212 or 23-213, respectively.

23-211
Basic floor area regulations

[MOVED FROM SECTIONS 23-141 AND 23-142, AND MODIFIED]

R1 R2 R3 R4 R5

In the districts indicated, the maximum #floor area ratio# shall be as set forth in the following table:

MAXIMUM FLOOR AREA RATIO FOR R1-R5 DISTRICTS

District	Maximum #Floor Area Ratio#
R1-1 R1-2 R1-2A R2 R2A R3-1 R3-2 R3A R3X	0.75
R2X R4 R4-1 R4A R4B	1.00
R5 R5A R5B	1.50
R5D	2.00

23-212
Floor area regulations for qualifying transit-accessible sites

[NEW TEXT]

R1 R2 R3 R4 R5

In the districts indicated, the maximum #floor area ratio# for #qualifying transit-accessible sites# at shall be as set forth in the following table:

MAXIMUM FLOOR AREA RATIO FOR #QUALIFYING TRANSIT-ACCESSIBILE SITES#

District	Maximum #Floor Area Ratio#
R1-1 R1-2 R1-2A R2 R2A R2X R3-1 R3-2 R3A R3X	1.00
R4 R4-1 R4A R4B	1.50
R5 R5A R5B	2.00

23-213
Qualifying senior housing

[MOVING TEXT FROM SECTION 23-144, AND MODIFYING]

R3-2 R4 R5 R5B

In the districts indicated, the maximum #floor area ratio# for #qualifying senior housing# shall be as set forth in the following table:

MAXIMUM FLOOR AREA RATIO FOR #QUALIFYING TRANSIT-ACCESSIBILE SITES#

District	Maximum #Floor Area Ratio#
R3-2	1.00
R4	1.50
R5 R5B	2.00

23-22
Floor Area Regulations for R6 Through R12 Districts

[NEW TEXT]

R6 R7 R8 R9 R10 R11 R12

In the districts indicated, the basic #floor area ratio# for #residences# shall be set forth in Section 23-221. Such #floor area ratios# may be modified for #qualifying affordable housing# or #qualifying senior housing# pursuant to Sections 23-222.

23-221
Basic floor area regulations

[MOVING TEXT FROM SECTIONS 23-151 AND 23-153, AND MODIFYING,ADDING NEW DISTRICTS]

R6 R7 R8 R9 R10 R11 R12

In the districts indicated, basic #floor area ratio# for #residences# shall be as set forth in the table in this Section.

MAXIMUM FLOOR AREA RATIO FOR R6-R12 DISTRICTS

District	Maximum #Floor Area Ratio#
R6B	2.00
R6	2.20
R6-2 R6D	2.50
R61 R6-1 R6A R7B	3.00
R7-1 R7-2	3.44
R7-11 R7-21 R7A R8B	4.00
R7D	4.66
R7X R7-3	5.00
R8 R8A R8X	6.02
R81	7.20
R9 R9A	7.52
R9-1 R9D R9X	9.00
R10 R10A R10X	10.00
R11	12.50
R12	15.00

1. ⁽¹⁾ for #zoning lots#, or portions thereof, located within 100 feet of a #wide street#

23-222
Floor area regulations for affordable or senior housing

[MOVING TEXT FROM SECTION 23-15, INCLUSIVE, AND MODIFYING]

R6 R7 R8 R9 R10 R11 R12

In the districts indicated, the maximum #floor area ratio# for #qualifying affordable housing# or #qualifying senior housing#, shall be as set forth in the following table:

MAXIMUM FLOOR AREA RATIO FOR QUALIFYING AFFORDABLE OR QUALIFYING SENIOR HOUSING

District	Maximum #Floor Area Ratio#
R6B	2.40
R6-2 R6D	3.00
R6 R6-1 R6A R7B	3.90
R8B	4.80
R7A R7-1 R7-2	5.01
R7D	5.60
R7X R7-3	6.00
R8 R8A R8X	7.20
R81	8.64
R9 R9A	9.02
R9-1 R9D R9X	10.80
R10 R10A R10X	12.00
R11	15.00
R12	18.00

1. ⁽¹⁾ for #UAP developments# or #qualifying senior housing# on #zoning lots#, or portions thereof, within 100 feet of a #wide street#

23-23
Special Floor Area Provisions for Multi-family Buildings

[NEW TEXT]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, the #floor area# provisions of this Section may be applied to #developments#, #enlargements#, #conversions# or alterations after [date of adoption] in all #buildings# containing three or more #dwelling units#.

23-231
Floor area provisions for amenities

[MOVING TEXT FROM SECTION 28-13 AND MODIFYING]

Floor space in a #building# allocated to #residential# amenities, including, but not limited to, recreational space, lounge, communal workspaces, package room, fitness centers, laundry facilities, wellness services or pools, pet amenities, or pools, may be exempted from the definition of #floor area#, in an amount not to exceed five percent of the #residential floor area# of the #building#. However, amenity space shall not include floor space for circulation through the #building#, including, corridors or vertical circulation spaces.

23-232
Floor area provisions for corridors

[RELOCATING FROM SECTION 28-12 AND 28-31, AND MODIFYING]

Floor space in a #building# in allocated to corridors may be exempted from #floor area# pursuant to the provisions of paragraphs (a) or (b) of this Section. Such provisions may be applied individually or in combination.

1. (a) Corridors Termination
   
   Fifty percent of the floor space of a corridor may be exempted from the definition of #floor area# where one of the following criteria are met:
2. 1. (1) the corridor provides direct access to outdoor space on a balcony or terrace on the same #story#;
   2. (2) the corridor is served by a stairwell where the enclosing walls contain transparent materials;
   3. (3) the corridor terminates with a #dwelling unit# that contains at least three bedrooms; or
   4. (4) the corridor contains a window with a clear, non-tinted, glazed area of at least 20 square feet.
3. (b) Length of Corridor
   
   Fifty percent of the floor space of a corridor may be exempted from the definition of #floor area#, where the length of the corridor, as measured from the elevator

23-233
Floor area provisions for refuse storage and disposal

[RELOCATING FROM 28-12, AND MODIFYING]

Floor space in a #building# allocated to refuse storage and disposal may be exempted from the definition of #floor area# in an amount not to exceed a maximum of three square feet per #dwelling unit# in the #building#.

23-234
Floor area provisions for elevated ground floor units

[RELOCATING FROM SECTION 28-11]

For #buildings# with entryways at #curb level# that accommodate ramps, stairs or lifts to #dwelling units# that are elevated above #curb level# on the first #story# of the #building#, up to 100 square feet of such entryways may be exempted from the definition of #floor area# for each foot of difference between the floor level of such #dwelling units# and #curb level#. However, no more than a maximum of 500 square feet of floor space may be exempted from the definition of #floor area# for each #building#.

23-24
Special Provisions for Certain Areas

23-241
Special provisions for height factor buildings

[NEW TEXT]

In R6 through R9 Districts without a letter suffix, for #height factor buildings#, the #floor area ratio# shall be as set forth in Section 23-70, inclusive.

23-242
Special tower provisions

[RELOCATING FROM SECTION 23-65, INCLUSIVE, AND MODIFYING]

In R9 and R10 Districts, for #zoning lots# containing a #building# that is #developed# or #enlarged# pursuant to the applicable tower regulations of Section 23-436 or 23-723 (Tower regulations), any floor space used for mechanical equipment provided pursuant to paragraph (8) of the definition of #floor area# in Section 12-10 (DEFINITIONS), and any floor space that is or becomes unused or inaccessible within a #building#, pursuant to paragraph (k) of the definition of #floor area# in Section 12-10, shall be considered #floor area# and calculated in accordance with the provisions of this Section, provided that such floor space:

1. (a) occupies the predominant portion of a #story#;
2. (b) is located above the #base plane# or #curb level#, as applicable, and below the highest story containing #residential floor area#; and
3. (c) exceeds an aggregate height of 25 feet within any given 75 vertical feet of one another within a #building#.

For the purpose of applying this provision, the height of such floor space shall be measured from the top of a structural floor to the bottom of a structural floor directly above such space. In addition, the number of #stories# of #floor area# such space constitutes within the #building# shall be determined by aggregating the total height of such floor spaces, dividing by 25 feet, and rounding to the nearest whole integer.

23-243
Special provisions for certain Community Districts

[RELOCATING FROM SECTIONS 23-16 AND 73-622, AND MODIFYING]

1. (a) Borough of Brooklyn
   
   For R1 through R3 Districts in Community Districts 11, 14 and 15 in the Borough of Brooklyn, the maximum #floor area ratio# set forth in Section 23-211 shall be increased to 1.0.
2. (b) Community District 9
   
   In R8 Districts without a letter suffix in the portion of Community District 9 in the Borough of Manhattan located north of West 125th Street, #height factor buildings# shall not be permitted.

23-244
Existing Public Amenities for Which Floor Area Bonuses Have Been Received

[MOVING FROM 23-17]

1. (a) Elimination or reduction in size of non-bonused open area on a #zoning lot# containing a bonused amenity
   
   In all districts, any existing open area for which a #floor area# bonus has not been utilized that occupies the same #zoning lot# as an existing #publicly accessible open area# or other public amenity, open or enclosed, for which a #floor area# bonus has been utilized, may be reduced in size or eliminated only upon certification of the Chairperson of the City Planning Commission that all bonused amenities comply with the standards under which such #floor area# bonus was granted.
2. (b) Nighttime closing of existing public open areas
   
   In all #Residence Districts#, the Commission may, upon application, authorize the closing during certain nighttime hours of an existing #publicly accessible open area# for which a #floor area# bonus has been received, pursuant to Section 37-727 (Hours of access).
3. (c) Elimination or reduction in size of existing public amenities
   
   In all districts, no existing #publicly accessible open area#, #arcade# or other public amenity, open or enclosed, for which a #floor area# bonus has been utilized, shall be eliminated or reduced in size except by special permit of the Commission, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).

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END OF 23-20 THROUGH 23-29 NEW TEXT

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23-30
LOT AREA AND LOT WIDTH REGULATIONS

[MOVING TEXT TO SECTION 23-10, AND MODIFYING]

23-31
Definitions

Words in italics are defined in Section 12-10 (DEFINITIONS) or, if applicable exclusively to this Section, in this Section

23-32
Minimum Lot Area or Lot Width for Residences

[MOVING TEXT TO SECTION 23-11 AND 23-12, AND MODIFYING]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, except as provided in Section 23-33 (Special Provisions for Development of Existing Small Lots), no #residence# is permitted on a #zoning lot# with a total #lot area# or #lot width# less than as set forth in the following table:

REQUIRED MINIMUM LOT AREA AND LOT WIDTH

Type of #Residence#	Minimum #Lot Area# (in sq. ft)	Minimum #Lot Width# (in ft)	District
#Single-family# #detached#	9,500	100	R1-1
	5,700	60	R1-2
	3,800	40	R2 R2A
	2,850	30	R2X
#Single-# or #twofamily# #detached# or #zero lot line#	3,800	40	R3-1 R3-2 R4- R10
	3,325	35	R3X
where permitted	2,850	30	R4A* R5A
	2,375	25	R3A* R4-1* R4B R5B R5D
Any other permitted	1,700	18	R3-R10*

1. ^(*) In #lower density growth management areas#, for #two-family# #detached# and #twofamily# #zero lot line# #residences#, where permitted, in R3A, R4-1 and R4A Districts, and for #two-family# #semi-detached# #residences# in R3-1, R3-2 and R4-1 Districts, the minimum #lot area# shall be 3,135 square feet and the minimum #lot width# shall be 33 feet.

However, in #lower density growth management areas# in the Borough of Staten Island, the following rules shall apply:

1. (a) Where two or more #buildings# that are #single-# or #two-family# #detached# or #semidetached# #residences# are located on a # zoning lot#, the applicable minimum #lot area# requirement set forth in the table in this Section shall be multiplied by the number of such #buildings# on the #zoning lot#.
2. (b) The #lot width# requirements set forth in this Section shall be applied as set forth in the definition of #lot width# in Section 12-10, provided that the applicable #lot width#, in feet, set forth in the table shall be met along at least one #street line# of the #zoning lot# or, for #corner lots#, along each intersecting #street line#. No #residence#, or portion thereof, shall be permitted between opposing #side lot lines# where such #lot lines# would be nearer to one another at any point where such #residence# is located than the applicable minimum lot width, in feet, set forth in the table.

23-33
Special Provisions for Development of Existing Small Lots

[REMOVING TEXT. ALLOWANCE FOR DEVELOPMENT ON EXISTING SMALL LOTS ALLOWED BY 23-10]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, either one #single-family# #detached# #residence# or, where permitted, one #single-# or #two-family# #residence# may be #developed# upon a #zoning lot# that:

1. (a) has less than the prescribed minimum #lot area# or #lot width# or, in #lower density growth management areas# in the Borough of Staten Island, does not comply with the provisions of Section 23-32 (Minimum Lot Area or Lot Width for Residences);
2. (b) was owned separately and individually from all other adjoining tracts of land, both on December 15, 1961, and on the date of application for a building permit or, in R2X, R3A, R3X or R4A Districts, both on the effective date of establishing such district on the #zoning maps# and on the date of application for a building permit or, in #lower density growth management areas#, both on December 8, 2005, and on the date of application for a building permit; and
3. (c) if #developed# as a #two-family# #residence#, meets the applicable density requirement of the zoning district in which such #zoning lot# is located.

23-34
Special Provisions for Zoning Lots Divided by District Boundaries

[MOVING TEXT TO 23-03 AS A GENERAL PROVISION]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, whenever a #zoning lot# is divided by a boundary between districts with different requirements for minimum #lot area# or #lot width# for #residences#, the provisions set forth in Article VII, Chapter 7, shall apply.

23-35
Special Provisions for Zoning Lots Containing Certain Community Facility Uses in LoweSpecial Provisions for Zoning Lots Divided by District BoundariesDensity Growth Management Areas

[RELOCATING TEXT TO SECTION 24-05]

In R1, R2, R3-1, R3A, R3X, R4-1 and R4A Districts in #lower density growth management areas#, the minimum #lot area# and #lot width# regulations of this Section shall apply to any #zoning lot# containing #buildings# used for:

1. (a) ambulatory diagnostic or treatment health care facilities, as listed in Section 22-14 (Use Group 4), except where such #zoning lot# contains #buildings# used for hospitals, as defined in the New York State Hospital Code, or #long-term care facilities#; and
2. (b) child care service, as listed under the definition of #school# in Section 12-10 (DEFINITIONS), except where such #zoning lot# contains #buildings# used for houses of worship or, for #zoning lots# that do not contain #buildings# used for houses of worship, where the amount of #floor area# used for child care services is equal to 25 percent or less of the amount of #floor area# permitted for #community facility# #use# on the #zoning lot#.

The minimum #lot area# for such #zoning lots# containing ambulatory diagnostic or treatment health care facilities shall be 5,700 square feet, and the minimum #lot area# for such #zoning lots# containing child care services shall be 10,000 square feet. Where such #uses# are located in the same #building#, the minimum #lot area# shall be 10,000 square feet. In addition, each such #zoning lot# shall have a minimum #lot width# of 60 feet. Such #lot width# shall be applied as set forth in the definition of #lot width# in Section 12-10, provided that such #lot width# shall also be met along at least one #street line# of the #zoning lot#. No #building#, or portion thereof, shall be permitted between opposing #side lot lines# where such #lot lines# would be nearer to one another at any point than 60 feet.

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BEGINNING OF 23-30 THROUGH 23-39 NEW TEXT

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23-30
YARDS, COURTS AND OTHER OPEN AREA REGULATIONS

[NEW TEXT REFLECTING NEW CHAPTER ORGANIZATION]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, regulations governing #yards#, #courts#, #lot coverage#, and other open areas shall be set forth in Section 23-30, inclusive.

General provisions shall be as set forth in Section 23-31, inclusive.

#Front yard# requirements shall be as set forth in Section 23-32, inclusive, #side yard# requirements shall be as set forth in Section 23-33, inclusive, and #rear yard# and #rear yard equivalent# requirements shall be as set forth in Section 23-34, inclusive.

#Court# regulations, including those for #inner courts# and #outer courts#, shall be as set forth in Section 23-35, inclusive.

Maximum #lot coverage# requirements shall be as set forth in Section 23-36, inclusive.

Other regulations governing open areas, including minimum distances between #buildings# and minimum distances between #legally required windows# and #lot lines#, shall be as set forth in Sections 23-37, inclusive.

Special rules for certain areas shall be as set forth in Section 23-38, inclusive.

23-31
General Provisions

23-311
Permitted obstructions in all yards, courts and open areas

[MOVING TEXT FROM SECTION 23-441, AND MODIFYING]

In all #Residence Districts#, the following obstructions shall be permitted within any required #yard#, #rear yard equivalent#, #court# or other required open area. These allowances are generally common to #Residence#, #Commercial# and #Manufacturing Districts#.

1. (1) #Accessory# mechanical equipment, limited in depth to 18 inches from an exterior wall;
2. (2) Arbors or trellises;
3. (3) Awnings and other sun control devices, provided that when located at a level higher than the first #story#, excluding a #basement#, all such awnings and other sun control devices:
4. 1. (i) shall be limited to a maximum projection from a #building# wall of 2 feet, 6 inches; and
   2. (ii) shall have solid surfaces that, in aggregate, cover an area no more than 30 percent of the area of the #building# wall (as viewed in elevation) from which they project;
5. (4) Bicycles or micromobility parking, including necessary ancillary structures;
6. (5) Canopies;
7. (6) Chimneys, projecting not more than three feet into, and not exceeding two percent of the area of, the required #yard# or #rear yard equivalent#;
8. (7) Eaves, gutters, downspouts, or other similar projections, extending into such #yard# or #rear yard equivalent# not more than 16 inches or 20 percent of the width of such #yard# or #rear yard equivalent#, whichever is the lesser distance;
9. (8) Electric vehicle charging equipment;
10. (9) Flagpoles;
11. (10) #Qualifying exterior wall thickness#;
12. (11) Ramps or lifts for people with physical disabilities;
13. (12) Solar energy systems, #accessory# or as part of an #energy infrastructure equipment#:
14. 1. (i) on walls existing on April 30, 2012, projecting no more than 10 inches and occupying no more than 20 percent of the surface area of the #building# wall (as viewed in elevation) from which it projects; or
    2. (ii) above other permitted obstructions, as applicable, provided that the additional
15. 1. height shall be limited to 18 inches;
16. (13) Terraces or porches, open;
17. (14) Window sills, or similar projections extending into such #yard# or #rear yard equivalent# not more than four inches.

23-312
Additional permitted obstructions generally permitted in all yards

[MOVING TEXT FROM SECTION 23-441, AND MODIFYING]

In all #Residence Districts#, the obstructions set forth in Section 23-311 (General permitted obstruction allowances), as well as the following obstructions, shall be permitted within any #yard# or #rear yard equivalent#:

1. (a) Balconies, unenclosed, of a #building# containing #residences# subject to the applicable provisions of Section 23-62. Such balconies are not permitted in required #side yards#;
2. (b) Fences, not exceeding four feet in height above adjoining grade in any #front yard#, except that for #corner lots# a fence may be up to six feet in height within that portion of one #front yard# that is between a #side lot line# and the prolongation of the side wall of the #residence# facing such #side lot line#;
3. (c) Fire escapes, projecting into a #front yard#, only in such cases where the fire escape is required for the #conversion# of a #building# in existence before December 15, 1961;
4. (d) Overhanging portions of a #single-# or #two-family residence# , which are above the first #story# including the #basement# and which project not more than three feet into the #front yard#. In no case shall the lowest level of the projected portion be less than seven feet above the level of the #front yard# at the face of the #building#. Supports for the projected portion of any #building# are permitted obstructions within the required #front yard#, provided that the total area occupied by such supports does not exceed 15 percent of the area underneath the projected portion. No support may extend beyond the threefoot projection;
5. (e) Parking spaces for automobiles, off-street, open, #accessory#, within a #side# or #rear yard#;
6. (f) Parking spaces, off-street, open, within a #front yard#, that are #accessory# to a #building# containing #residences#, provided that:
7. 1. (1) in R1, R2, R3-1, R3A, R3X, R4-1, R4A and R5A Districts, except in #lower density growth management areas#, such spaces meet all the requirements of paragraph (a) of Section 25-621 (Location of parking spaces in certain districts);
   2. (2) in R3-2 Districts, R4 Districts other than R4-1, R4A and R4B Districts, and R5 Districts other than R5A, R5B and R5D Districts, such spaces meet all the requirements of paragraph (b) of Section 25-621;
   3. (3) in #lower density growth management areas#, such spaces are non-required and are located in a driveway that accesses parking spaces that are located behind the #street wall# of the #building# or prolongation thereof;
      
      However, no parking spaces of any kind shall be permitted in any #front yard# in an R4B, R5B or R5D District, or the #front yard# of a #building# containing #residences# on a #qualifying transit-accessible site# in an R1 through R5 District. Furthermore, no parking spaces of any kind shall be permitted in any #front yard# on a #zoning lot# containing an #attached# or #semi-detached# #building# in an R1, R2, R3A, R3X, R4A or R5A District, or in any #front yard# on a #zoning lot# containing an #attached# #building# in an R3-1 or R4-1 District;
8. (g) #Energy infrastructure equipment# and #accessory# mechanical equipment, provided that:
9. 1. (1) all equipment shall be subject to the applicable provisions of Section 26-60 (SPECIAL SCREENING AND ENCLOSURE PROVISIONS);
   2. (2) the size of all equipment, including any screening or portions of any #building or other structure# enclosing such equipment, shall not exceed:
   3. 1. (i) an area equivalent to 25 percent of a required #yard#, or #rear yard equivalent#, and in addition, in #front yards#, is limited to an area not exceeding 25 square feet. However, for #corner lots#, one #front yard# may be treated as a #side yard# for the purpose of applying such size restrictions;
      2. (ii) in R1 through R5 Districts, a height of 10 feet above the adjoining grade in #rear yards#, #rear yard equivalents# and #side yards#, or a height of five feet above the adjoining grade in #front yards#; and
      3. (iii) in R6 through R10 Districts, a height of 15 feet above the adjoining grade;
10. (h) Steps, provided that such steps access only the lowest #story# or #cellar# of a #building# fronting on a #street#, which may include a #story# located directly above a #basement#;
11. (i) Swimming pools, #accessory#, above-grade structures limited to a height not exceeding eight feet above the level of the #rear yard# or #rear yard equivalent#. #Accessory# swimming pools are not permitted obstructions in any #front yard#;
12. (j) Walls, not exceeding eight feet in height above adjoining grade and not roofed or part of a #building#, and not exceeding four feet in height in any #front yard#, except that for #corner lots#, a wall may be up to six feet in height within that portion of one #front yard# that is between a #side lot line# and the prolongation of the side wall of the #residence# facing such #side lot line#.

23-313
Level and measurement of yards

[MOVING TEXT FROM SECTION 23-42 AND 23-43]

In all #Residence Districts#, the level of a #yard# or of a #rear yard equivalent# shall not be higher than #curb level#, except that natural grade level need not be disturbed in order to comply with this requirement. No #building or other structure# shall be erected above ground level in any required #yard# or #rear yard equivalent#, except where permitted as an obstruction pursuant to Section 23-30, inclusive.

The width or depth of a #yard# or #rear yard equivalent# shall be measured perpendicular to #lot lines#.

23-32
Front Yard Requirements

23-321
Basic front yard requirements in R1 through R5 Districts

[MOVING TEXT FROM SECTION 23-45, AND MODIFYING]

R1 R2 R3 R4 R5

In the districts indicated, #front yards# shall be provided as set forth in the following table, except as further modified by the provisions of this Section.

District	Front Yard
R1	20 feet
R2 R2A R2X R3-1 R3-2	15 feet
R3A R3X R4 R4-1 R4A R5 R5A	10 feet
R4B R5B R5D	5 feet

For the purpose of this Section, the area between the #street line# and the #street wall line# of adjacent #buildings# containing #residences# on the same or adjoining #zoning lots# fronting on the same #street# shall be considered adjacent #front yards#.

Minimum #front yard# yards shall be modified as follows:

1. (a) For #qualifying transit-adjacent sites# with a #lot width# of at least 150 feet, the applicable #front yard# depth set forth in the table may be reduced by five feet, except that a #front yard# shall be no shallower than 5 feet;
2. (b) for a #corner lot#, one #front yard# may have a depth that is five feet shallower than the applicable depth set forth in the table, except that a #front yard# shall be no shallower than 5 feet;
3. (c) Where an adjacent #front yard# is shallower than the minimum required pursuant to the applicable district regulations, then the #front yard# of the #zoning lot# containing #buildings# may be as shallow as the shallowest adjacent #front yard#. However, a #front yard# shall be no shallower than 5 feet;
4. (d) In R4B and R5B Districts, a #front yard# shall be no deeper than the deepest adjacent #front yard# and no shallower than the shallowest adjacent #front yard#. However, a #front yard# shall be no shallower than 5 feet. Furthermore, where the #street walls# beyond such adjacent #front yards# surrounding the subject #building# do not have a #prevailing street wall frontage#, these provisions need not apply; and
5. (e) To accommodate #street wall# articulation, such as bay windows, and facade recesses, up to 50 percent of the #aggregate width of street wall#, at any level, may encroach into a required #front yard#, provided that no encroachment exceeds a depth of three feet, as measured perpendicular to the #street wall#, or portion thereof.

23-323
Front yard requirements for R6 through R12 Districts

[NEW TEXT]

R6 R7 R8 R9 R10 R11 R12

In the districts indicated, no #front yard# requirements shall apply.

23-33
Side Yard Requirements

23-331
Basic side yard requirements in R1 through R5 Districts

[MOVING TEXT FROM 23-461 and 23-462, AND MODIFYING]

R1 R2 R3 R4 R5

1. (a) #Detached# and #zero lot line buildings#
   
   In all districts, as indicated, for #zoning lots# containing only #single-family# #detached# #residences# or, where permitted, for #two-family# #detached# #residences# or #single-# or #two-family residences# in #zero lot line buildings#, or any combination thereof, #side yards# shall be provided as set forth in the table in this paragraph:

2. MINIMUM REQUIRED SIDE YARDS

   District	Number Required	Required Total Width (in feet)	Required Minimum Width of any #Side Yard# (in feet)
   R1-1 R1-2 R2 R2A R3-1 R3-2 R4 R5 R2X R3X R4A R5A	2	10	5
   R3A R4-1 R4B R5B R5D	2	5	0

3. 1. R3-1 R3-2 R4 R4-1 R4B R5
4. (b) #Semi-detached# #buildings#
   
   In the districts indicated, for #zoning lots# containing only #single-# or #two-family# #semi-detached# #residences#, a #side yard# of 5 feet shall be provided, except that on #corner lots#, one #side yard# shall be at least 20 feet in width
5. 1. R3-2 R4 R4B R5 R5B R5D
6. (c) Other #residences#
   
   In the districts indicated, for #zoning lots# containing #residences# in #buildings# other than #detached#, #zero lot line# or #semi-detached# #buildings#, no #side yards# shall be required. However, if any open area extending along a #side lot line# is provided at any level, it shall have a minimum width of five feet, measured perpendicular to the #side lot line#, and extend along the entire #side lot line#. The allowances for permitted obstructions in any #yard# or #rear yard equivalent# set forth in Sections 23-311 and 23- 312 shall be permitted in such open areas.
7. 1. R1 R2 R3 R4 R5
8. (d) Permitted obstructions in open areas between #buildings#
   
   Only #accessory# mechanical equipment limited in depth to 18 inches from an exterior wall, chimneys, downspouts, eaves, gutters, open #accessory# off-street parking spaces, #qualifying exterior wall thickness#, ramps for access by people with disabilities, and steps as set forth in the applicable provisions of Sections 23-311 and 23-312 shall be permitted obstructions in open areas between #buildings#, provided that such obstructions, not including #accessory# off-street parking spaces, #qualifying exterior wall thickness# or #accessory# mechanical equipment, may not reduce the minimum width of the open area by more than three feet.

23-332
Modified side yard requirements for qualifying transit-accessible sites

[NEW TEXT]

R1 R2 R3 R4 R5

In the districts indicated, for #residences# on #qualifying transit-accessible sites# that are not otherwise subject to the provisions of paragraph (c) of Section 23-331, #side yards# shall only be required where a #building# containing #residences# on an adjacent #zoning lot# has a #side yard#. In such instances, an open area with a minimum width of five feet and parallel to the #side lot line# shall be required along the common #side lot line# between such #buildings#. Obstructions permitted pursuant to Sections 23-311 and 23-312 shall be permitted in such open areas.

23-333
Modified side yard requirements for existing narrow zoning lots

[MOVING TEXT FROM 23-48, AND MODIFYING]

R1 R2 R3 R4 R5

In the districts indicated, where the width of a #zoning lot# is less than that required under the provisions of Section 23-11 (Minimum Lot Area or Lot Width for Residences), the required total width of #side yards# for a #single-family# #detached# or #two-family# #detached# #residence# may be reduced by four inches for each foot by which the width of a #zoning lot# is less than that required, provided that either:

1. (a) the #zoning lot# was owned separately and individually from all other adjoining tracts of land, both on December 15, 1961, and on the date of application for a building permit; or
2. (b) the #zoning lot# was created after December 15, 1961, but the narrow lot condition was in existence on December 15, 1961, and, subsequently, such narrow lot condition has neither increased nor decreased in depth.

However, in no event shall the required width of a #side yard# be less than three feet.

23-335
Side yard requirements for R6 through R12 Districts

[MOVING PARAGRAPH (a) PROVISIONS ROM SECTION 23-461 AND MODIFYING. PARAGRAPH (b) IS MOVED FROM 23-462 AND EXPANDED]

R6 R7 R8 R9 R10 R11 R12

1. (a) #Detached# #buildings#
   
   In the districts indicated, for #zoning lots# containing only #single-family# or #twofamily# #detached# #residences#, two #side yards#, each with a minimum width of five feet shall be provided.
2. (b) All other #buildings#
   
   In the districts indicated, for #zoning lots# containing all other types of #residences#, no #side yards# shall be required. However, if any open area extending along a #side lot line# is provided at any level, it shall have a minimum width of five feet, measured perpendicular to the #side lot line#, and extend along the entire #side lot line#. The allowances for permitted obstructions in any #yard# or #rear yard equivalent# set forth in Sections 23-311 and 23-312 shall be permitted in such open areas.

23-34
Rear Yard and Rear Yard Equivalent Requirements

23-341
Permitted obstructions in required rear yards or rear yard equivalents

[COMBINING SECTIONS 23-441(b) AND 23-442(b) AND MODIFYING; SECTIONS 23-441(a) and 23-442(a) MOVING TO 23-311 AND 23-312, RESPECTIVELY]

1. (a) In all #Residence Districts#, the obstructions set forth in Section 23-311 and 23-312, as well as the following obstructions shall be permitted within any required #rear yard# or #rear yard equivalent#. These allowances are generally common to #Residence#, #Commercial# and #Manufacturing Districts#.
2. 1. (1) Breezeways;
   2. (2) Fire escapes;
   3. (3) Greenhouses, non-commercial, #accessory#, limited to one #story# or 15 feet in height above adjoining grade, whichever is less, and limited to an area not exceeding 25 percent of a required #rear yard#;
   4. (4) Recreational or drying yard equipment;
   5. (5) Sheds, tool rooms or other similar #accessory# #buildings or other structures# for domestic or agricultural storage, with a height not exceeding 10 feet above the level of the #rear yard# or #rear yard equivalent#;
   6. (6) Solar energy systems, #accessory# or as part of an #energy infrastructure equipment#:
   7. 1. (i) on the roof of a #building# permitted as an obstruction to such #yard#, up to four feet in height as measured perpendicular to the roof surface; however, limited to 18 inches in height as measured perpendicular to the roof surface when located above a detached #accessory# #building or other structure#, or on any roof with a slope greater than 20 degrees; or
      2. (ii) affixed to solar canopies and located over any #accessory# off-street parking space, provided that the height shall not exceed 15 feet above the level of the adjoining grade;
   8. (7) Water-conserving devices required in connection with air conditioning or refrigeration systems in #buildings# existing prior to May 20, 1966, if located not less than eight feet from any #lot line#.
3. (b) In all #Residence Districts#, the obstructions set forth in Section 23-311 and 23-312, as well as the following obstructions shall be permitted within any required #rear yard# or #rear yard equivalent#.
4. 1. (1) Balconies, unenclosed, subject to the provisions of Section 23-62;
   2. (2) Parking spaces, off-street, #accessory#, for automobiles or bicycles, provided that:
   3. 1. (i) if #accessory# to a #single-# or #two-family residence#, the height of a #building# containing such parking spaces shall not exceed 10 feet in height above the adjoining grade and such #building# shall be #detached# from such #residence#.;
      2. (ii) if #accessory# to any other kind of #building# containing #residences#, the height of a #building#, or portion thereof, containing such parking spaces within the #rear yard#, shall not exceed 15 feet above #base plane#. In addition, decks, parapet walls, roof thickness, skylights, vegetated roofs, and weirs, as set forth in Section 23-41 (Permitted Obstructions), inclusive, limited to 18 inches in height, as measured perpendicular to the roof surface, shall be permitted upon the roof of such #accessory# #building# within the #rear yard#;
      3. (iii) enclosed #accessory# parking spaces for bicycles shall be #accessory# to a #residence# other than a #single-# or #two-family residence#, attached to a #building#, and the area dedicated to such spaces shall not exceed the area of bicycle parking spaces permitted to be excluded from #floor area# pursuant to Section 25-85 (Floor Area Exemption);
   4. (3) for #buildings# containing three or more #dwellings#, any portion of a #building# used for #residential uses# other than #dwelling units#, provided that:
   5. 1. (i) the height of such #building# portion does not exceed one #story#, or 15 feet above the adjoining grade, whichever is less; and
      2. (ii) such space shall be accessible to all residents of the #building#.
   6. 1. In addition, decks, parapet walls, roof thickness, skylights, vegetated roofs and weirs, as set forth in Section 23-41 (Permitted Obstructions), inclusive, limited to 18 inches in height, as measured perpendicular to the roof surface, shall be permitted upon the roof of such portion of a #building# within the #rear yard#.
   7. (4) for #zoning lots# with #single-# or #two- family residences#, any portion of a #building# used for #residential uses#, provided that:
   8. 1. (i) the height shall be limited to two #story# or 25 feet in height above adjoining grade, whichever is less, including the apex of a pitched roof, and limited to an area not exceeding 50 percent of the #rear yard# or #rear yard equivalent#; and
      2. (ii) such #building# may not be nearer than five feet to a #rear lot line# or #side lot line#.

However, no portion of a #rear yard equivalent# which is also a required #front yard# or required #side yard# may contain any obstructions not permitted in such #front yard# or #side yard#.

23-342
Rear yard requirements

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, #rear yard equivalents# shall be provided on #through lots# in accordance with this Section.

1. (a) Standard lots
   
   
   [MOVING FROM 23-47 AND MODIFYING]
   
   
   In the districts indicated, for #buildings# or portions thereof at or below a height of 75 feet, a #rear yard# with a depth of not less than 20 feet shall be provided, and for portions above 75 feet, where permitted, a #rear yard# with a depth of 30 feet shall be provided above adjoining grade shall be provided at every #rear lot line# on any #zoning lot# except as otherwise provided pursuant to the provisions of Section 23-34, inclusive.
2. (b) Shallow lots
   
   
   [MOVING FROM 23-52 AND STANDARDIZING]
   
   
   In the districts indicated, the provisions of this Section may be modified where an #interior lot# is less than 95 feet deep at any point; and either:
3. 1. (1) the #zoning lot# was owned separately and individually from all other adjoining tracts of land, both on December 15, 1961, and on the date of application for a building permit; or
   2. (2) the #zoning lot# was created after December 15, 1961, but the shallow lot condition was in existence on December 15, 1961, and, subsequently, such shallow lot condition has neither increased nor decreased in depth.
4. 1. For such shallow #interior lots#, or portions thereof, the depth of a required #rear yard# set forth for standard lots may be reduced by six inches for each foot by which the depth of a #zoning lot#, or portion thereof, is less than 95 feet. However, in no event shall the minimum depth of a #required yard#, or portion thereof, be reduced to less than 10 feet.

23-343
Additional rear yard modifications

[MOVING 23-54, WITH CROSS REFERENCE MODIFICATION; MOVING AND MODIFYING 23-471 AS 23-343(a). AND, 23-541, 23-542, 23-543, 23-544. AS 23-343(b), (c), (d), (e)]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the #rear yard# requirements set forth in Section 23-342 (Rear yard requirements) shall be modified as set forth in this Section.

1. (a) Beyond one hundred feet of a #street line#
   
   In all districts, as indicated, for #interior# or #through lot# portions of #corner lots#, and for #zoning lots# bounded by two or more #streets# that are neither #corner lots# nor #through lots#, the portion of a #side lot line# beyond 100 feet of the #street line# that it intersects shall be considered a #rear lot line# and the following rules shall apply along such #rear lot line#:
2. 1. (1) In all districts, a #rear yard# shall be provided in accordance with Section 23-342 (Rear yard requirements), where such #rear lot line# coincides with a #rear lot line# of an adjoining #zoning lot#.
      
      
      
      CORNER LOT
      
      
      
      
   2. (2) In R1 through R5 Districts, a #rear yard# with a minimum depth of five feet shall be provided where such #rear lot line# coincides with a #side lot line# of an adjoining #zoning lot#.
      
      
      
      ZONING LOT BOUNDED BY TWO OR MORE STREETS (NEITHER A CORNER LOT NOR A THROUGH LOT)
      
      
      
      
   3. (3) In R6 through R12 Districts, no #rear yard# shall be required where such #rear lot line# coincides with a #side lot line# of an adjoining #zoning lot#.
3. (b) Within one hundred feet of corners
   
   In the districts indicated, no #rear yard# shall be required within 100 feet of the point of intersection of two #street lines# intersecting at an angle of 135 degrees or less.
4. (c) Along #short end of the block#
   
   In the districts indicated, whenever a #front lot line# of a #zoning lot# coincides with the #short end of the block#, no #rear yard# shall be required within 100 feet of such #front lot line#.
5. (d) For zoning lots with multiple #rear lot lines#
   
   In all districts, as indicated, for #zoning lots# with multiple #rear lot lines#, if a #rear yard# extends from a #rear lot line# away from the #street line# which is used to determine such #rear lot line#, the following rules shall apply along such #rear lot line# :
6. 1. (1) In all districts, where any such #rear lot line# coincides with the #rear lot line# of an adjoining #zoning lot#, a #rear yard# shall be provided in accordance with Section 23-342 (Rear yard requirements).
      
      
      
   2. (2) In R1 through R5 Districts, a #rear yard# with a minimum depth of five feet shall be provided where such #rear lot line# coincides with a #side lot line# of an adjoining #zoning lot#.
      
      
      
   3. (3) In R6 through R12 Districts, no #rear yard# shall be required where such #rear lot line# coincides with a #side lot line# of an adjoining #zoning lot#.
   4. (4) In all districts, for portions of #through lots# that have multiple #rear lot lines# and such portions are not subject to #interior lot# regulations, the #street line# bounding the #zoning lot# closest to such #rear lot line# shall be used to determine compliance with this Section.
      

23-344
Rear yard equivalent requirements

[COMBINING AND MODIFYING SECTIONS 23-53, INCLUSIVE]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, #rear yard equivalents# shall be provided on #through lots# in accordance with this Section.

1. (a) Exceptions
   
   No #rear yard equivalent# regulations shall apply:
2. 1. (i) to any #through lots# that extend less than 110 feet in maximum depth from #street# to #street#;
   2. (ii) to instances where, either a single #zoning lot# or two or more #zoning lots# under single fee ownership or alternate ownership arrangements that are contiguous or would be contiguous but for their separation by a #street#, have a #lot area# of at least 1.5 acres; or
   3. (iii) 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#.
3. (b) Depth requirement
4. 1. (1) For standard lots
      
      On any #through lot# that is 190 feet or more in maximum depth from #street# to #street#, for #buildings# or portions thereof at or below a height of 75 feet, a #rear yard equivalent# consisting of an open area with a minimum depth of 40 feet shall be provided, and above a height of 75 feet, where permitted, a #rear yard equivalent# of 60 feet shall be provided.
   2. (2) For shallow lots
      
      The depth of a #rear yard equivalent# may be reduced where a #through lot# is less than 190 feet deep at any point; and either:
   3. 1. (i) the #zoning lot# was owned separately and individually from all other adjoining tracts of land, both on December 15, 1961, and on the date of application for a building permit; or
      2. (ii) the #zoning lot# was created after December 15, 1961, but the shallow lot condition was in existence on December 15, 1961, and, subsequently, such shallow lot condition has neither increased nor decreased in depth.
      3. For such shallow #through lots#, or portions thereof, the depth of a required #rear yard equivalent# set forth for standard #through lots# in this Section, may be reduced by one foot by which the depth of a #zoning lot#, or portion thereof, is less than 190 feet. However, in no event shall the minimum depth of a #required yard#, or portion thereof, be reduced to less than 20 feet.
5. (c) Location requirement
6. 1. (1) Standard location
      
      A #rear yard equivalent# shall be provided midway, or within 10 feet of being midway, between the two #street lines# upon which such #through lot# fronts.
   2. (2) Alternative location allowances
      
      Alternatively, for #zoning lots# utilizing the height at setback provisions for eligible sites set forth in Section 23-435 or #height factor buildings# set forth in Section 23-72, or for shallow lots eligible for the provisions of paragraph (b)(2) of this Section, the following options may be applied:
   3. 1. (i) open areas adjoining and extending along the full length of either or both #street lines#, where the combined depth of such open areas is equivalent to the depth of the required #rear yard equivalent#;
      2. (ii) open areas adjoining and extending along the full length of either or both #side lot lines#, where the combined width of such open areas is equivalent to the depth of the required #rear yard equivalent#.

Any such #rear yard equivalent# shall be unobstructed from its lowest level to the sky, except as provided in Section 23-341 (Permitted obstructions in required yards or rear yard equivalents).

23-35
Court Regulations

[PROVISIONS MOVING FROM SECTION 23-83]

#Inner court# regulations are set forth in Section 23-352 and #outer court# regulations are set forth in Section 23-353. Permitted obstructions in such #courts# are set forth in Section 23-351.

These regulations shall not apply to any #single-# or #two-family detached residence#.

A corner of a #court# may be cut off between walls of the same #building#, provided that the length of the wall of such cut-off does not exceed seven feet.

The Commissioner of Buildings may approve minor recesses, projections and architectural treatment of the outline of #courts# as long as these variations do not substantially change the depth or width of the #court#.

23-351
Permitted obstructions in courts

[RELOCATING FROM SECTION 23-87, AND MODIFYING]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, the obstructions permitted in Section 23-311 (Permitted obstructions in all yards, courts and open areas), as well as the following obstructions, shall be permitted within the minimum area and dimensions needed to satisfy the requirements for a #court#. For the purposes of applying such allowances to #courts#, all percentage calculations shall be applied to the area of the #court# instead of the #yard#:

1. (a) Fences;
2. (b) Fire escapes in #outer courts#;
   
   Fire escapes in #outer court recesses# not more than five feet in depth;
   
   Fire escapes in #inner courts# where such fire escapes are required as a result of alterations in #buildings# existing before December 15, 1961;
   
   Fire escapes in #outer court recesses# more than five feet in depth where such fire escapes are required as a result of alterations in #buildings# existing before December 15, 1961;
3. (c) #Energy infrastructure equipment# and #accessory# mechanical equipment, subject to the requirements set forth in Section 23-312;
4. (d) Recreational or drying yard equipment.

In addition, for #courts# at a level higher than the first #story#, decks, skylights, parapet walls, roof thickness, solar energy systems up to four feet high, vegetated roofs, and weirs, as set forth in Section 23-41 (Permitted Obstructions), inclusive, shall be permitted.

23-352
Inner court regulations

[COMBINING AND MODIFYING SECTIONS 23-85, 23-851, 23-852]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, the following #inner court# regulations shall apply:

1. (a) where #legally required windows# face onto an #inner court#, for #buildings# or portions thereof at or below a height of 75 feet, the area of an #inner court# shall not be less than 800 square feet, and the minimum dimension of such #inner court# shall not be less than 20 feet, and above a height of 75 feet, where permitted, the area of an #inner court# shall not be less than 1,200 square feet, and the minimum dimension of such #inner court# shall not be less than 30 feet;
2. (b) where no #legally required windows# face onto an #inner court#, for #buildings# or portions thereof at or below a height of 75 feet, the area of such small #inner court# shall not be less than 200 square feet and no dimension shall be less than 10 feet, and above a height of 75 feet, where permitted, the area of such small #inner court# shall not be less than 300 square feet and no dimension shall be less than 15 feet; and
3. (c) the width of an #inner court recess# shall be at least equal to the depth of the #inner court recess#, except that such width need not exceed the minimum dimension for an #inner court#, relative to the height.

For the purposes of this Section, that portion of an open area not part of an #inner court# and over which, when viewed directly from above, lines perpendicular to a #lot line# may be drawn into such #inner court#, shall be considered part of such #inner court#.

23-353
Outer court regulations

[COMBINING AND MODIFYING SECTIONS 23-84, 23-841, 23-842, 23-843]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, the following #outer court# regulations shall apply:

1. (a) where #legally required windows# face onto an #outer court#, the width of such #outer court# shall be at least equal to the depth of such #outer court#, except that an #outer court# may extend to any depth where the width of the #outer court# exceeds 20 feet in #buildings# or portions thereof, at or below a height of 75 feet, or where the width of the #outer court# exceeds 30 feet above a height of 75 feet, where permitted;
2. (b) where no #legally required windows# face onto an #outer court#, for #buildings# or portions thereof at or below a height of 75 feet, the area of such small #outer court# shall not be less than 200 square feet and no dimension shall be less than 10 feet, and above a height of 75 feet, where permitted, the area of such small #inner court# shall not be less than 300 square feet and no dimension shall be less than 15 feet; and
3. (c) the width of an #outer court recess# shall be at least equal to the depth of the #outer court recess#, except where such width permits any depth for an #outer court#, relative to the height.

23-36
Maximum Lot Coverage

[NEW TEXT]

For #developments# or #enlargements# of #residences#, the maximum #lot coverage# regulations are set forth in Section 23-361 for R1 through R5 Districts and Section 23-362 for R6 through R12 Districts. Special rules for certain #interior# or #through lots# are set forth in Section 23-363.

23-361
Maximum lot coverage in R1 through R5 Districts

[MOVING RULES FROM 23-142 AND MODIFYING PER PROPOSAL]

R1 R2 R3 R4 R5

In the districts indicated, for #buildings# containing #single-# or #two-family residences#, the maximum #residential# #lot coverage# for #interior lots# or #through lots# shall be 60 percent and the maximum #residential# #lot coverage# for #corner lots# shall be 80 percent.

In the districts indicated, for #buildings# containing three or more #dwelling units#, the maximum #residential# #lot coverage# for #interior lots# or #through lots# shall be 80 percent and the maximum #residential# #lot coverage# for #corner lots# shall be 100 percent.

However, where either a single #zoning lot# or two or more #zoning lots# under single fee ownership or alternate ownership arrangements that are contiguous or would be contiguous but for their separation by a #street#, have a #lot area# of at least 1.5 acres, the maximum #lot coverage# of the entire site shall be 50 percent. Individual #corner lot#, #interior lot#, or #through lot# portions may exceed such limitation, subject to the standard limitations.

23-362
Maximum lot coverage in R6 through R12 Districts

[MOVING RULES FROM 23-153 AND MODIFYING PER PROPOSAL]

R6 R7 R8 R9 R10 R11 R12

In the districts indicated, the maximum #residential# #lot coverage# for #interior lots# or #through lots# shall be 80 percent and the maximum #residential# #lot coverage# for #corner lots# shall be 100 percent.

However, where either a single #zoning lot# or two or more #zoning lots# under single fee ownership or alternate ownership arrangements that are contiguous or would be contiguous but for their separation by a #street#, have a #lot area# of at least 1.5 acres, the maximum #lot coverage# of the entire site shall be 50 percent. Individual #corner lot#, #interior lot#, or #through lot# portions may exceed such limitation, subject to the standard limitations.

23-363
Special rules for certain interior or through lots

[MOVING FROM 23-156, EXPANDING TO INCLUDE R1 THROUGH R5 DISTRICTS, AND MODIFYING]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, the maximum #lot coverage# set forth in Section 23-361 or 23-362, as applicable, may be increased in accordance with the provisions of this Section.

1. (a) Shallow #zoning lots#
   
   For #zoning lots# eligible for the #rear yard# modifications for shallow #interior lots# set forth in Section 23-342 (Rear yard requirements) or the #rear yard equivalent# modifications for shallow #through lots# set forth in Section 23-344 (Rear yard equivalent requirements), the maximum #lot coverage# of such #zoning lot#, or portion thereof, may be increased by one percent for every five feet the depth of such #zoning lot#, or portion thereof, is less than 95 feet for #interior lots# or 190 feet for #through lots#. Where the #front lot line# or #rear lot line# of a #zoning lot# intersects a #side lot line# at an angle other than 90 degrees, the depth of such #zoning lot#, or portion thereof, shall be measured at the midpoint of such irregularly angled #lot line#.
   
   Where only a portion of a #zoning lot# is shallow, an adjusted maximum #lot coverage# shall be established for the #zoning lot# by multiplying the maximum percent of #lot coverage# permitted for the shallow portion of the #zoning lot# established pursuant to this Section by the percentage such portion constitutes of the #lot area# of the #zoning lot#, and by multiplying the maximum percent of #lot coverage# permitted for the nonshallow portion of the #zoning lot# established pursuant to Section 23-361 or 23-362, respectively, by the percentage such portion constitutes of the #lot area# of the #zoning lot#. The sum of the areas of #lot coverage# thus obtained shall be the adjusted maximum percent of #lot coverage# for the #zoning lot#.
   
   In no event shall the maximum #lot coverage# of an #interior lot# or #through lot# exceed 90 percent. Shallow portions of a #zoning lot# may exceed such maximum, so long as the adjusted maximum #lot coverage# complies with such maximum.
2. (b) Within 100 feet of corners
   
   In the districts indicated, for #interior# or #through lots#, or portions thereof, within 100 feet of the point of intersection of two #street lines# intersecting at an angle of 135 degrees or less, the maximum #lot coverage# shall be 100 pent.
3. (c) Along the short dimension of the block
   
   In the districts indicated, whenever a #front lot line# of an #interior# or #through lot# coincides with all or part of a #street line# measuring less than 230 feet in length between two intersecting #streets#, the maximum #lot coverage# for such #zoning lot#, or portion thereof, shall be 100 percent within 100 feet of such #front lot line#.

23-37
Other Open Area Regulations

23-371
Distance between buildings

[CONSOLIDATING RULES FROM 23-711 AND 23-82 AND UPDATING PER PROPOSAL]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the minimum distance between the portion of a #building# containing #residences# and any other #building# on the same #zoning lot# shall be as provided in this Section.

For the purpose of this Section, #abutting buildings# on a single #zoning lot# may be considered a single #building#. However, if two or more portions of a #building# are not connected or not #abutting# at a particular level, such separated portions shall comply with the applicable provisions of this Section. In applying such provisions, the height of such separated portions shall be measured from the roof of the connecting or #abutting# portion of such #building#, as applicable, instead of from the #base plane#.

1. (a) Exceptions
   
   The provisions of this Section shall not apply to:
2. 1. (1) #buildings# that are separated from each other by a #rear yard equivalent#; or
   2. (2) space between a #single-family#, #two-family#, or three-family #residence# and a garage #accessory# thereto.
3. (b) For single- and two-family residences
   
   For #zoning lots# with #residences# that are comprised of exclusively #single-# or #twofamily residences#, the required minimum distance between any such #residences# and any other #building# on the same #zoning lot# shall vary according to the height of such #buildings#. Such minimum distance shall be measured perpendicular to the #building# wall or window, as applicable.

4. 	Maximum #Building# Height above #Base Plane# or #Curb Level#, as Applicable (in feet)
   	35 or less	Between 35 and 50	Over 50
   Minimum distance	10	20	30

5. (c) For #residences# that contain three or more #dwelling units#
   
   For #zoning lots# with #residences# that contain three or more #dwelling units#, the provisions of this paragraph shall apply. Where two or more portions of a #building#, including #abutting# portions thereof, are not connected at a particular level above grade, such separated portions shall comply with paragraph (c)(1) of this Section. Where there are multiple #buildings# on a single #zoning lot# that do not connect at any level, such #buildings# shall comply with paragraph (c)(2) of this Section.
6. 1. (1) For separated portions of a #building#
      
      The required minimum distance between the portion of a #building# containing #dwelling units# and any other portion of the #building#, including #abutting# portions thereof, as applicable, on the same #zoning lot# shall vary according to the height of such #buildings# and the presence of #legally required windows# in facing #building# walls. Such minimum distance shall be as indicated in the table below, and shall be measured perpendicular to the #building# wall or window, as applicable.
      
      For the purposes of this Section, wall condition shall be defined as follows:
   2. 1. “wall to wall” is a condition where two walls of #buildings# face each other, and neither wall contains a #legally required window#;
      2. “wall to window” is a condition where two walls of #buildings# face each other, and one wall contains a #legally required window# and the other wall does not contain a #legally required window#;
      3. “window to window” is a condition where two walls of #buildings# face each other, and both walls contain a #legally required window#.

      4. 	Maximum #Building# Height above Roof of Connecting Portion (in feet)
         Wall Condition	25	35	40	50	Over 50
         #Wall to Wall#	20	25	30	35	40
         #Wall to Window#	30	35	40	40	40
         #Window to Window#	40	40	40	40	40

   3. (2) Two or more #buildings# on a single #zoning lot#
      
      The minimum distance between two or more #buildings# on the same #zoning lot# that are not connected at any level shall be 40 feet, as measured between the closest points of such #buildings#, for portions of #buildings# lower than 125 feet, as measured from the #base plane# or #curb level#, as applicable.
      
      Portions of such #buildings# higher than 125 feet shall be at least 80 feet apart, as measured between the closest points of such #buildings#. However, such minimum distance need not exceed 40 feet if such portions of #buildings# above a height of 125 feet do not exceed, in aggregate, a #lot coverage# of 40 percent or, for lots of less than 20,000 square feet, the percentage set forth in the table below:

   4. 1. AGGREGATED LOT COVERAGE OF PORTIONS OF BUILDINGS ON A SMALL ZONING LOT

         Area of #Zoning Lot# (in square feet)	Maximum Percent of #Coverage#
         10,500 or less	50
         10,501 to 11,500	49
         11,501 to 12,500	48
         12,501 to 13,500	47
         13,501 to 14,500	46
         14,501 to 15,500	45
         15,501 to 16,500	44
         16,501 to 17,500	43
         17,501 to 18,500	42
         18,501 to 19,999	41

7. (d) In addition, the following rules shall apply to:
8. 1. (1) any portion of a #building# that qualifies as a #building segment# may be treated as a separate #building# for the purposes of determining the minimum distance required between such #building segment# and another #building# or #building segment#;
   2. (2) where #buildings# of different heights face each other, the average of the heights of such #buildings# shall determine the minimum distance required between them;
   3. (3) projections having a maximum height of 25 feet above adjoining grade, a maximum depth of five feet, and an aggregate width not exceeding 25 percent of the #building# wall from which they project, may penetrate the minimum spacing requirements. However, such projections shall not be permitted in open spaces provided pursuant to paragraph (c)(2) of this Section; and
   4. (4) the obstructions permitted in Section 23-311 shall be permitted in such minimum distance.

23-372
Distance between legally required windows and lot lines

[MOVING RULES FROM 23-86 AND UPDATING PER PROPOSAL]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

The minimum distance between #legally required windows# and walls or #lot lines# shall be as set forth in this Section.

For the purposes of this Section, #abutting# #buildings# on the same #zoning lot# shall be considered a single #building#.

1. (a) Exceptions
   
   This Section shall not apply to #legally required windows# in #buildings# containing #residences# with a maximum height of 35 feet, as measured from #base plane#, and with a maximum of three #dwelling units# units;
   
   For the purposes of this Section, #abutting# #buildings# on the same #zoning lot# shall be considered a single #building#.
2. (b) Basic provisions
   
   The minimum distance between a #legally required window# and:
3. 1. (1) any wall;
   2. (2) a #rear lot line#, or vertical projection thereof; or
   3. (3) a #side lot line#, or vertical projection thereof;
   4. shall be 20 feet, measured in a horizontal plane at the sill level of, and perpendicular to, such window for the full width of the rough window opening.
   5. The obstructions permitted for any #yard# set forth in Section 23-311 shall be permitted in such minimum distance.
4. (c) For shallow lots
   
   For #interior lots#, where the depth is less than 95 feet deep at any point, the minimum distance between a #legally required window# and a #rear lot line#, or vertical projection thereof, may be modified to equal the #rear yard# depth required for shallow lots pursuant to the provisions of Section 23-342 (Rear yard requirements). However, in no event shall such minimum distance between a #legally required window# and a #rear lot line#, or vertical projection thereof, be less than 10 feet.
5. (d) Special provisions for R3 through R5 Districts
   
   In R3, R4 and R5 Districts, the minimum dimension between a #legally required window# and a #side lot line# shall be 15 feet. Such 15-foot dimension shall be measured in a horizontal plane perpendicular to the #side lot line# or vertical projection thereof. Furthermore, such area with a 15-foot dimension shall be open to the sky from ground level up for the entire length of the #side lot line#. Only #accessory# mechanical equipment limited in depth to 18 inches from an exterior wall, chimneys, downspouts, eaves, #qualifying exterior wall thickness#, gutters, open #accessory# off-street parking spaces, ramps for access by the handicapped, and steps shall be permitted obstructions in such open area, subject to the conditions set forth in Sections 23-311 or 23-312, provided that such obstructions, not including #qualifying exterior wall thickness# and #accessory# mechanical equipment, will not reduce the minimum width of the open area by more than three feet.

23-38
Special Rules for Certain Areas

23-381
Special provisions for height factor buildings

[NEW TEXT]

In R6 through R9 Districts without a letter suffix, for #height factor buildings#, minimum #open space ratios# shall be as set forth in Section 23-70, inclusive.

23-382
Special provisions in other geographies

[NEW TEXT]

In all districts, for #buildings# containing three or more #dwelling units# on #zoning lots# that adjoin a #public park#, the minimum distance between a #legally required window# and a #lot lines# need not apply to portions of #buildings# facing such #public park# where the Commissioner of the Department of Parks and Recreation determines that the #public park# will provide sufficient access to light and air for such #building’s# #legally required windows#. Where the Commissioner makes such determination, the #public park# shall be considered a #street# for the purposes of applying other applicable laws or statutes to such #legally required window#.

23-40
YARD REGULATIONS

[ENTIRE YARD REGULATIONS MOVING TO 23-30]

23-41
Definitions

[REMOVING TEXT]

Words in italics are defined in Section 12-10 (DEFINITIONS) or, if applicable exclusively to this Section, in this Section.

23-42
Level of Yards

[TEXT MOVING TO 23-313]

In all #Residence Districts#, the level of a #yard# or of a #rear yard equivalent# shall not be higher than #curb level#, except that natural grade level need not be disturbed in order to comply with this requirement. No #building or other structure# shall be erected above ground level in any required #yard# or #rear yard equivalent#, except as otherwise provided in Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

23-43
Measurement of Yard Width or Depth

[REMOVING TEXT AND CONSOLIDATING WITHIN 23-30 PROVISIONS]

In all #Residence Districts#, the width or depth of a #yard# or #rear yard equivalent# shall be measured perpendicular to #lot lines#.

23-44
Permitted Obstructions in Required Yards or Rear Yard Equivalents

[REMOVING TEXT]

In all #Residence Districts#, the obstructions set forth in this Section, inclusive, shall be permitted within a required #yard# or #rear yard equivalent#.

23-441
General permitted obstruction allowances

[MOVING TEXT TO SECTION 23-311 AND 23-312, AND MODIFYING]

In all #Residence Districts#, the following obstructions shall be permitted within any required #yard# or #rear yard equivalent#. These allowances are generally common to #Residence#, #Commercial# and #Manufacturing Districts#.

1. (a) In any #yard# or #rear yard equivalent#:
2. 1. (1) #Accessory# mechanical equipment, limited in depth to 18 inches from an exterior wall;
   2. (2) Arbors or trellises;
   3. (3) Awnings and other sun control devices, provided that when located at a level higher than the first #story#, excluding a #basement#, all such awnings and other sun control devices:
   4. 1. (i) shall be limited to a maximum projection from a #building# wall of 2 feet, 6 inches; and
      2. (ii) shall have solid surfaces that, in aggregate, cover an area no more than 30 percent of the area of the #building# wall (as viewed in elevation) from which they project;
   5. (4) Bicycles or micromobility parking, including necessary ancillary structures;
   6. (5) Canopies;
   7. (6) Chimneys, projecting not more than three feet into, and not exceeding two percent of the area of, the required #yard# or #rear yard equivalent#;
   8. (7) Eaves, gutters, downspouts, or other similar projections, extending into such #yard# or #rear yard equivalent# not more than 16 inches or 20 percent of the width of such #yard# or #rear yard equivalent#, whichever is the lesser distance;
   9. (8) Electric vehicle charging equipment;
   10. (9) Flagpoles;
   11. (10) #Qualifying exterior wall thickness#;
   12. (11) Ramps or lifts for people with physical disabilities;
   13. (12) Solar energy systems, #accessory# or as part of an #energy infrastructure equipment#:
   14. 1. (i) on walls existing on April 30, 2012, projecting no more than 10 inches and occupying no more than 20 percent of the surface area of the #building# wall (as viewed in elevation) from which it projects; or
       2. (ii) above other permitted obstructions, as applicable, provided that the additional
       3. height shall be limited to 18 inches;
   15. (13) Terraces or porches, open;
   16. (14) Window sills, or similar projections extending into such #yard# or #rear yard equivalent# not more than four inches.
3. (b) In any #rear yard# or #rear yard equivalent#:
4. 1. (1) Breezeways;
   2. (2) Fire escapes;
   3. (3) Greenhouses, non-commercial, #accessory#, limited to one #story# or 15 feet in height above adjoining grade, whichever is less, and limited to an area not exceeding 25 percent of a required #rear yard#;
   4. (4) Recreational or drying yard equipment;
   5. (5) Sheds, tool rooms or other similar #accessory# #buildings or other structures# for domestic or agricultural storage, with a height not exceeding 10 feet above the level of the #rear yard# or #rear yard equivalent#;
   6. (6) Solar energy systems, #accessory# or as part of an #energy infrastructure equipment#:
   7. 1. (i) on the roof of a #building# permitted as an obstruction to such #yard#, up to four feet in height as measured perpendicular to the roof surface; however, limited to 18 inches in height as measured perpendicular to the roof surface when located above a detached #accessory# #building or other structure#, or on any roof with a slope greater than 20 degrees; or
      2. (ii) affixed to solar canopies and located over any #accessory# off-street parking space, provided that the height shall not exceed 15 feet above the level of the adjoining grade;
   8. (7) Water-conserving devices required in connection with air conditioning or refrigeration systems in #buildings# existing prior to May 20, 1966, if located not less than eight feet from any #lot line#.
   9. However, no portion of a #rear yard equivalent# which is also a required #front yard# or required #side yard# may contain any obstructions not permitted in such #front yard# or #side yard#.

23-442
Additional permitted obstructions

[MOVING TEXT TO SECTION 23-313, AND MODIFYING]

In all #Residence Districts#, the obstructions set forth in Section 23-441 (General permitted obstruction allowances), as well as the following obstructions, shall be permitted within a required #yard# or #rear yard equivalent#:

1. (a) In any #yard# or #rear yard equivalent#:
2. 1. (1) Balconies, unenclosed, of a #building# containing #residences# subject to the applicable provisions of Section 23-13. Such balconies are not permitted in required #side yards#;
   2. (2) Fences, not exceeding four feet in height above adjoining grade in any #front yard#, except that for #corner lots# a fence may be up to six feet in height within that portion of one #front yard# that is between a #side lot line# and the prolongation of the side wall of the #residence# facing such #side lot line#;
   3. (3) Fire escapes, projecting into a #front yard#, only in such cases where the fire escape is required for the #conversion# of a #building# in existence before December 15, 1961;
   4. (4) Overhanging portions of a #building# in R4 and R5 Districts, except R4-1, R4A, R4B, R5A, R5B or R5D Districts, which are above the first #story# including the #basement# and which project not more than three feet into the required 18-foot #front yard#. In no case shall the lowest level of the projected portion be less than seven feet above the level of the #front yard# at the face of the #building#. Supports for the projected portion of any #building# are permitted obstructions within the required #front yard#, provided that the total area occupied by such supports does not exceed 15 percent of the area underneath the projected portion. No support may extend beyond the three-foot projection;
   5. (5) Parking spaces for automobiles, off-street, open, #accessory#, within a #side# or #rear yard#;
   6. (6) Parking spaces, off-street, open, within a #front yard#, that are #accessory# to a #building# containing #residences#, provided that:
   7. 1. (i) in R1, R2, R3-1, R3A, R3X, R4-1, R4A and R5A Districts, except in #lower density growth management areas#, such spaces meet all the requirements of paragraph (a) of Section 25-621 (Location of parking spaces in certain districts);
      2. (ii) in R3-2 Districts, R4 Districts other than R4-1, R4A and R4B Districts, and R5 Districts other than R5A, R5B and R5D Districts, such spaces meet all the requirements of paragraph (b) of Section 25-621;
      3. (iii) in #lower density growth management areas#, such spaces are nonrequired and are located in a driveway that accesses parking spaces that are located behind the #street wall# of the #building# or prolongation thereof;
      4. However, no parking spaces of any kind shall be permitted in any #front yard# in an R4B, R5B or R5D District. Furthermore, no parking spaces of any kind shall be permitted in any #front yard# on a #zoning lot# containing an #attached# or #semi-detached# #building# in an R1, R2, R3A, R3X, R4A or R5A District, or in any #front yard# on a #zoning lot# containing an #attached# #building# in an R3- 1 or R4-1 District;
   8. (7) #Energy infrastructure equipment# and #accessory# mechanical equipment, provided that:
   9. 1. (i) all equipment shall be subject to the applicable provisions of Section 26- 60 (SPECIAL SCREENING AND ENCLOSURE PROVISIONS);
      2. (ii) the size of all equipment, including any screening or portions of any #building or other structure# enclosing such equipment, shall not exceed:
      3. 1. (a) an area equivalent to 25 percent of a required #yard#, or #rear yard equivalent#, and in addition, in #front yards#, is limited to an area not exceeding 25 square feet. However, for #corner lots#, one #front yard# may be treated as a #side yard# for the purpose of applying such size restrictions;
         2. (b) in R1 through R5 Districts, a height of 10 feet above the adjoining grade in #rear yards#, #rear yard equivalents# and #side yards#, or a height of five feet above the adjoining grade in #front yards#; and
         3. (c) in R6 through R10 Districts, a height of 15 feet above the adjoining grade;
   10. (8) Steps, provided that such steps access only the lowest #story# or #cellar# of a #building# fronting on a #street#, which may include a #story# located directly above a #basement#;
   11. (9) Swimming pools, #accessory#, above-grade structures limited to a height not exceeding eight feet above the level of the #rear yard# or #rear yard equivalent#. #Accessory# swimming pools are not permitted obstructions in any #front yard#;
   12. (10) Walls, not exceeding eight feet in height above adjoining grade and not roofed or part of a #building#, and not exceeding four feet in height in any #front yard#, except that for #corner lots#, a wall may be up to six feet in height within that portion of one #front yard# that is between a #side lot line# and the prolongation of the side wall of the #residence# facing such #side lot line#;
3. (b) In any #rear yard# or #rear yard equivalent#:
4. 1. (1) Balconies, unenclosed, subject to the provisions of Section 23-13;
   2. (2) Parking spaces, off-street, #accessory#, for automobiles or bicycles, provided that:
   3. 1. (i) if #accessory# to a #single-# or #two-family residence#, the height of a #building# containing such parking spaces shall not exceed 10 feet in height above the adjoining grade and such #building# shall be #detached# from such #residence#. Furthermore, if located in an R1 District, such #building# may not be nearer than five feet to a #rear lot line# or #side lot line#. In R2A Districts, detached garages shall be included in #lot coverage#;
      2. (ii) if #accessory# to any other kind of #building# containing #residences#, the height of a #building#, or portion thereof, containing such parking spaces within the #rear yard#, shall not exceed 10 feet above adjoining grade, including the apex of a pitched roof in R3, R4 or R5 Districts, or 15 feet above #curb level# or #base plane#, as applicable, in R6, R7, R8, R9 or R10 Districts. In addition, decks, parapet walls, roof thickness, skylights, vegetated roofs, and weirs, as set forth in Section 23-62 (Permitted Obstructions), limited to 18 inches in height, as measured perpendicular to the roof surface, shall be permitted upon the roof of such #accessory# #building# within the #rear yard#;
      3. (iii) enclosed #accessory# parking spaces for bicycles shall be #accessory# to a #residence# other than a #single-# or #two-family residence#, attached to a #building#, and the area dedicated to such spaces shall not exceed the area of bicycle parking spaces permitted to be excluded from #floor area# pursuant to Section 25-85 (Floor Area Exemption);
   4. (3) any portion of a #building# used for #residential uses# other than #dwelling units# in #Quality Housing buildings# containing #affordable independent residences for seniors# on #zoning lots# meeting the criteria set forth in paragraph (a)(4) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), provided that:
   5. 1. (i) such #zoning lot# is located in an R6 through R10 District other than an R6B, R7B or R8B District;
      2. (ii) the height of such #building# portion does not exceed one #story#, or 15 feet above the adjoining grade, whichever is less;
      3. (iii) such #building# portion is located within 100 feet of a #wide street#; and
      4. (iv) such space shall be accessible to all residents of the #building#.
         In addition, decks, parapet walls, roof thickness, skylights, vegetated roofs and weirs, as set forth in Section 23-62 (Permitted Obstructions), limited to 18 inches in height, as measured perpendicular to the roof surface, shall be permitted upon the roof of such portion of a #building# within the #rear yard#.
   6. However, no portion of a #rear yard equivalent# which is also a required #front yard# or required #side yard# may contain any obstructions not permitted in such #front yard# or #side yard#.

23-443
Location of garages in side yards of corner lots

[PROVISION NOW REDUNDANT WITH REDUCED SIDE YARDS]

In all #Residence Districts#, on #corner lots#, enclosed #accessory# off-street parking spaces shall be considered permitted obstructions in any portion of a #side yard# which is within 30 feet of both #side lot lines#, provided that, in an R1 or R2A District, on a #corner lot# whose mean width is 45 feet or more, no structure used for such purposes shall be less than five feet from any #side lot line#. In R2A Districts, detached garages shall be included in #lot coverage#.

23-444
Location of garages in side yards of other zoning lots

[ PROVISION NOW REDUNDANT WITH REDUCED SIDE YARDS]

In all #Residence Districts#, on #zoning lots# other than #corner lots#, where no #rear yard# is required under the provisions of Sections 23-541 (Within one hundred feet of corners) or 23-542 (Along short dimension of block), enclosed #accessory# off-street parking spaces shall be considered permitted obstructions in any portion of a #side yard# that is within 30 feet of the #rear lot line#.

23-45
Minimum Required Front Yards

[MOVING TEXT TO SECTION 23-321, AND MODIFYING]

R1 R2 R3 R4 R5

1. (a) In the districts indicated, #front yards# shall be provided as set forth in the following table, except that for a #corner lot# in an R1-2 District, one #front yard# may have a depth of 15 feet and, for a #corner lot# in an R3 District, one #front yard# may have a depth of 10 feet.

2. Front Yard	District
   20 feet	R1
   20 feet*	R1-2A
   15 feet	R2 R2X R3-1 R3-2
   15 feet*	R2A
   10 feet*	R3A R3X R4-1 R4A R5A
   10 feet**	R4 R5
   5 feet*	R4B R5B R5D

3. (*) Except as provided in paragraphs (b) and (c) of this Section
4. (**) If the depth of a #front yard# exceeds 10 feet, the depth of the #front yard# shall be at least 18 feet. Furthermore, #developments# or #enlargements# pursuant to the optional regulations applicable in a #predominantly built-up area# shall provide a #front yard# with a depth of at least 18 feet. However, on a #corner lot#, if one #front yard# has a depth of at least 18 feet, the other #front yard# shall have a depth of at least 10 feet
   
   Furthermore, if an opening to an #accessory# off-street parking space is located within the #street wall# of a #building# containing #residences#, there shall be an open area between the opening and the #street line# which is at least 8 feet, six inches in width by 18 feet in depth, except this provision shall not apply in R5D Districts.
5. R1-2A R2A R3A R3X R4-1 R4A R4B R5A R5B R5D
6. (b) For the purpose of paragraphs (b) and (c) the area between the #street line# and the front #building# wall of adjacent #buildings# on the same or adjoining #zoning lots# shall be considered adjacent #front yards#.
   
   Except as provided in paragraph (c) of this Section, in the districts indicated, if adjacent #buildings# containing #residences# on the same or on adjoining #zoning lots# fronting on the same #street# have #front yards# greater than the minimum set forth in paragraph (a) of this Section, then a #front yard# shall be provided which:
7. 1. (1) in R1-2A, R2A, R3A, R3X, R4-1, R4A or R5A Districts is at least as deep as an adjacent #front yard#; and
   2. (2) in R4B, R5B or R5D Districts is no deeper than the deepest adjacent #front yard# and no shallower than the shallowest adjacent #front yard#.
   3. However, a #front yard# need not exceed 20 feet in depth, except that in R1-2A Districts, a #front yard# need not exceed 25 feet in depth.
      
      In determining the depth of the adjacent #front yards#, balconies and projections from the front #building# wall that do not exceed 33 percent of the width of the #building# shall be disregarded.
      
      For #developments# or #enlargements#, projections into the required #front yard# are permitted provided that the width of all projections at the level of any #story# does not exceed 33 percent of the width of the #building#. The depth of such projections shall not exceed three feet into the #front yard#. However, balconies shall be subject to the provisions of Sections 23-13 (Balconies) and 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).
8. (c) The provisions of paragraph (b) of this Section determining the depth of a #front yard# by the location of a #front yard# on an adjacent #zoning lot#, are modified as follows:
9. 1. (1) on #corner lots#, these provisions shall apply on only one #street# frontage; and
   2. (2) these provisions shall not apply to:
   3. 1. (i) any #street# frontage of a #zoning lot# where such frontage has a length of at least 150 feet along such #street#;
      2. (ii) any #zoning lot# located in historic districts designated by the Landmarks Preservation Commission; or
      3. (iii) a frontage of any #zoning lot# where the depths of 50 percent of the #front yards# within 150 feet of the #side lot lines# of such #zoning lot# are shallower by more than two feet than the shallowest of the adjacent #front yards#.
10. R1 R2 R3 R4 R5
11. (d) For any #zoning lot# located in a Historic District designated by the Landmarks Preservation Commission, the provisions of paragraphs (a) and (b) of this Section are modified as follows:
    
    The depth of the #front# yard may vary between the requirements of paragraph (a) of this Section, or as modified in any applicable Special District, and the depth of the #front yard# of any adjacent #zoning lot#.

23-451
Planting requirement

[MOVING TEXT TO SECTION 23-613, AND MODIFYING]

R1 R2 R3 R4 R5

In the districts indicated, a minimum percentage of the area of the #front yard# shall be planted, which shall vary by #street# frontage of the #zoning lot# as set forth in the following table. For the purposes of this Section, the #front yard# shall include the entire area between all #street walls# of the #building# and their prolongations and the #street line#. Planted areas shall be comprised of any combination of grass, groundcover, shrubs, trees or other living plant material, and shall have a minimum dimension of one foot, exclusive of any bounding walls. Any planted area within a driveway or parking space shall not qualify towards meeting the minimum planting requirements of this Section. For #through lots# or #corner lots#, the planting requirement of this Section shall be applied separately to each #street# frontage. For #corner lots#, planted areas of overlapping portions of #front yards# shall only be counted towards the planting requirement of one #front yard#. For #zoning lots# with multiple #building segments#, the planting requirement of this Section shall be applied separately to the entire area between the #street wall# of each #building segment# and the #street line#.

Where multiple #buildings# on a single #zoning lot# front upon the same #street#, the planting requirements of this Section shall be determined by the #street# frontage allocated to the area occupied by each such #building# and applied separately to the entire area between the #street line# and the #street wall# of each #building# and its prolongation. The allocation of planting requirements to open areas between #buildings# shall be determined by dividing such open area evenly, with an equal portion attributed to each #building# on both sides of such open area.

Any #zoning lot# occupied by a #building# constructed after April 30, 2008, shall provide planted areas in accordance with the provisions of this Section. Any #zoning lot# occupied by a #building# constructed prior to such date shall not be altered in any way that will either create new #non-compliance# or increase the degree of #non-compliance# with the provisions of this Section.

#Street# frontage of #zoning lot#, #street wall# width of #building segment#, or #street# frontage allocated to each of multiple #buildings# on a single #zoning lot#, as applicable	Percentage of #front yard# to be planted (minimum)
Less than 20 feet	20
20 to 34 feet	25
35 to 59 feet	30
60 feet or greater	50

23-46
Minimum Required Side Yards

[MOVING TEXT TO SECTION 23-33, AND MODIFYING]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

1. In all districts, as indicated, #side yards# shall be provided on any #zoning lot# as specified in this Section, except as otherwise provided in the following Sections:
2. Section 23-48 (Special Provisions for Existing Narrow Zoning Lots)
3. Section 23-49 (Special Provisions for Side Lot Line Walls)
4. Section 23-51 (Special Provisions for Yards Adjacent to R1 Through R5 Districts)

23-461
Side yards for single- or two-family residences

[MOVING TEXT TO SECTION 23-331, AND MODIFYING]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

1. (a) #Detached# and #zero lot line buildings#
   
   In all districts, as indicated, for #zoning lots# containing only #single-family# #detached# #residences# or, where permitted, for #two-family# #detached# #residences# or #single-# or #two-family residences# in #zero lot line buildings#, or any combination thereof, #side yards# shall be provided as set forth in the table in this paragraph, except that on #corner lots# in R1, R2, R3, R4 and R5 Districts, one #side yard# shall be at least 20 feet in width:

2. MINIMUM REQUIRED SIDE YARDS

   Number Required	Required Total Width (in feet)	Required Minimum Width of any #Side Yard# (in feet)	District
   2	35	15	R1-1
   2	20	8	R1-2
   2	13	5	R2 R2A R3-1 R3- 2 R4-R10
   2	10*	2*	R2X R3X R4A R5A
   1	8*	0*	R3A R4-1 R4B R5B R5D

3. * Additional regulations apply pursuant to paragraph (c) of this Section
4. R3-1 R3-2 R4 R4-1 R4B R5
5. (b) #Semi-detached# #buildings#
   
   In the districts indicated, for #zoning lots# containing only #single-# or #two-family# #semi-detached# #residences#, a #side yard# shall be provided as set forth in the table in this paragraph, except that on #corner lots#, one #side yard# shall be at least 20 feet in width:

6. MINIMUM REQUIRED SIDE YARD

   Feet	District
   8	R3-1 R3-2 R4 R5
   4*	R4-1 R4B R5B R5D

7. * Additional regulations apply pursuant to paragraph (c) of this Section
8. (c) Additional regulations
9. 1. (1) Eight-foot open area required between #buildings# containing #residences#
      
      An open area with a minimum total width of eight feet is required between #buildings# containing #residences# on adjacent #zoning lots#. Such open area must be parallel to the #side lot line# and may be located on either one or both sides of such common #side lot line#. (See Figure A)
      
   2. (2) When #side yards# total more than 13 feet
      
      However, where such open area requirements result in #side yards# totaling more than 13 feet on the subject #zoning lot#, the width of such #side yards# may be reduced to not less than five feet, provided that the total width of both #side yards# on the subject #zoning lot# is at least 13 feet. (See Figure B)
      
      
      
      
   3. (3) Permitted obstructions in open areas between #buildings#
      
      Only #accessory# mechanical equipment limited in depth to 18 inches from an exterior wall, chimneys, downspouts, eaves, gutters, open #accessory# off-street parking spaces, #qualifying exterior wall thickness#, ramps for access by people with disabilities, and steps as set forth in the applicable provisions of Section 23- 44, inclusive, shall be permitted obstructions in open areas required pursuant to paragraphs (c)(1) and (c)(2) of this Section, provided that such obstructions, not including #accessory# off-street parking spaces, #qualifying exterior wall thickness# or #accessory# mechanical equipment, may not reduce the minimum width of the open area by more than three feet.
   4. (4) Minimum #side yard# requirements for #zoning lots# adjacent to certain #side yards#
      
      A #side yard# at least five feet wide shall be provided on any #zoning lot# along the common #side lot line# of any adjacent #zoning lot# with an existing #detached# #residence# whose #side yards# total at least 13 feet in width, with both #side yards# on such adjacent #zoning lot# at least five feet in width, or with an existing #semi-detached# #residence# with a #side yard# at least eight feet in width. (See Figure C)
      
      
      

23-462
Side yards for all other buildings containing residences

[MOVING TEXT TO SECTION 23-333, AND MODIFYING]

R3-2 R4 R5 R6 R7 R8 R9 R10

In the districts indicated, except as set forth in Section 23-461 (Side yards for single- or twofamily residences) or Section 23-49 (Special Provisions for Side Lot Line Walls), #side yards# shall be provided for all #zoning lots# with #buildings# containing #residences# as provided in this Section:

R3-2 R4 R5

1. (a) In the districts indicated, except R4B, R5B or R5D Districts, two #side yards#, each with a minimum required width of eight feet, shall be provided. However, if the #aggregate width of street walls# of a #residential# #building# is more than 80 feet or, for #abutting# #buildings# if the combined #aggregate width of street walls# of all such #abutting# #buildings# on a #zoning lot# is more than 80 feet, then two #side yards# shall be provided, each equal to not less than 10 percent of such #aggregate width of street walls#. For #zoning lots# where no such #buildings# exceed a height of two #stories# and a #basement#, #side yards# need not exceed 15 feet in width.
   
   However, on all #corner lots# in #lower density growth management areas#, one #side yard# shall be at least 20 feet in width.
2. R4B R5B R5D
3. (b) In the districts indicated, no #side yards# are required; however, where a #building# containing #residences# on an adjacent #zoning lot# has a #side yard#, an open area with a minimum width of eight feet and parallel to the #side lot line# is required along the common #side lot line# between such #buildings#. Obstructions permitted pursuant to paragraph (c)(3) of Section 23-461 shall be permitted in such open areas.
4. R6 R7 R8 R9 R10
5. (c) In the districts indicated, no #side yards# are required. However, if any open area extending along a #side lot line# is provided at any level, it shall have a minimum width of eight feet, measured perpendicular to the #side lot line#, and extend along the entire #side lot line#, except where a #court# is provided in accordance with the applicable provisions of Section 23-60 (HEIGHT AND SETBACK REGULATIONS). The allowances for permitted obstructions in any #yard# or #rear yard equivalent# set forth in Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) shall be permitted in such open areas.

23-463
Maximum aggregate width of street walls

[MOVING TEXT TO 23-426]

R3-2 R4 R5

In the districts indicated, except R4B, R5B or R5D Districts, the #aggregate width of street walls# of a #building# containing #residences# or, for #abutting buildings# the combined #aggregate width of street walls# of all such #abutting buildings# on a #zoning lot#, shall not exceed the width set forth in the following table:

MAXIMUM AGGREGATE WIDTH OF STREET WALLS

District	Feet
R3-2	125
R4 R5	185

However, the City Planning Commission may authorize, in R4 and R5 Districts, #aggregate width of street walls# in excess of 185 feet, provided the Commission finds that:

1. (1) the #street wall# is adequately articulated by such design features as variable setbacks, stoops, bay windows or changes in the heights of the #buildings#; and
2. (2) the #development# or #enlargement# will not be incompatible with #buildings# on the surrounding #blocks#.

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

23-464
Side yards for buildings used for permitted non-residential uses

[REMOVING TEXT. 24-00 APPLIES]

R1 R2 R3 R4 R5

1. (a) In the districts indicated, if a #building# used for permitted non-#residential uses# has an #aggregate width of street walls# equal to 60 feet or less, two #side yards# shall be provided, each with a minimum required width of eight feet. If such #building# has an #aggregate width of street walls# equal to more than 60 feet, two #side yards# shall be provided, each equal to not less than 15 percent of the #aggregate width of street walls#.
2. R6 R7 R8 R9 R10
3. (b) In the districts indicated, no #side yards# are required. However, if any open area extending along a #side lot line# is provided at any level, it shall be at least eight feet wide.

23-47
Minimum Required Rear Yards

[ENTIRE TEXT MOVING TO 23-34]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, a #rear yard# with a depth of not less than 30 feet shall be provided at every #rear lot line# on any #zoning lot# except as otherwise provided in Sections 23-52 (Special Provisions for Shallow Interior Lots), 23-53 (Special Provisions for Through Lots) or 23-54 (Other Special Provisions for Rear Yards). #Rear yards# shall also be provided along portions of #side lot lines# as set forth in Section 23-471 (Beyond one hundred feet of a street line).

23-471
Beyond one hundred feet of a street line

[ENTIRE TEXT MOVING TO 23-343]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, for #interior# or #through lot# portions of #corner lots#, and for #zoning lots# bounded by two or more #streets# that are neither #corner lots# nor #through lots#, the portion of a #side lot line# beyond 100 feet of the #street line# that it intersects shall be considered a #rear lot line# and the following rules shall apply along such #rear lot line# :

1. (a) In all districts, a #rear yard# with a minimum depth of 30 feet shall be provided where such #rear lot line# coincides with a #rear lot line# of an adjoining #zoning lot#.
   
   
   
   
   CORNER LOT
   (23-471a)
   
   
   
2. (b) In R1 through R5 Districts, a #rear yard# with a minimum depth of eight feet shall be provided where such #rear lot line# coincides with a #side lot line# of an adjoining #zoning lot#.
   
   
   
   
   ZONING LOT BOUNDED BY TWO OR MORE STREETS
   (NEITHER A CORNER LOT NOR A THROUGH LOT)
   (23-471b)
3. (c) In R6 through R10 Districts, no #rear yard# shall be required where such #rear lot line# coincides with a #side lot line# of an adjoining #zoning lot#.

23-48
Special Provisions for Existing Narrow Zoning Lots

[MOVING TEXT TO SECTION 23-333, AND MODIFYING]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, except R2X, R3A, R3X, R4-1, R4A, R4B, R5A, R5B or R5D Districts, the required total width of #side yards# for a #single-family# #detached# or #twofamily# #detached# #residence# may be reduced by four inches for each foot by which the width of a #zoning lot# is less than that required under the provisions of Section 23-32 (Minimum Lot Area or Lot Width for Residences) if such #zoning lot# :

1. (a) has less than the prescribed minimum #lot width#; and
2. (b) was owned separately and individually from all other adjoining tracts of land, both on December 15, 1961, and on the date of application for a building permit.

However, in no event shall the required width of a #side yard# be less than five feet.

In R5D Districts, no #side yards# shall be required for any #zoning lot# having a width of less than 30 feet along a #street# and existing on the effective date of establishing such district on the #zoning map#.

23-49
Special Provisions for Side Lot Line Walls

[MOVING TEXT TO SECTION 23-332, AND MODIFYING]

R3-1 R3-2 R4 R5

In the districts indicated, except R4A and R5A Districts, a #building# containing #residences# may:

1. (a) #abut# an existing #building# located along a #side lot line#, where such #building# was existing on December 15, 1961, or lawfully erected under the terms of this Resolution, provided that walls of the #building# containing #residences# and walls of the existing #building# shall #abut# for a length equal to or greater than one half of the distance between the #street wall line# and #rear wall line# of the existing #building#. For the purposes of this paragraph (a), an “existing #building#” shall not include an #accessory building# located on an #interior# or #through lot#;
2. (b) #abut# other #buildings# containing #residences# being erected at the same time on an adjoining #zoning lot# or #zoning lots#.

For such #buildings# containing #residences#, the #side yard# requirements shall be waived along the #side lot line# of the #zoning lot# coincident with the #abutting# #buildings#, and one #side yard# shall be provided along any #side lot line# of the #zoning lot# without an #abutting# #building# with a width of at least eight feet in R3-1, R3-2, R4 or R5 Districts, and four feet in R4-1, R4B or R5B Districts.

23-40
HEIGHT AND SETBACK REGULATIONS

[MOVING TEXT FROM SECTION 23-60, AND MODIFYING]

Height and setback regulations are set forth in Section 23-42, inclusive, for R1 through R5 Districts and Section 23-43, inclusive, for R6 through R12 Districts. Special rules governing certain areas are set forth in Section 23-44. Permitted obstructions to maximum heights are set forth in Section 23-41.

23-41
Permitted Obstructions

[MOVING FROM SECTION 23-62]

In all #Residence Districts#, the obstructions set forth in this Section, inclusive, shall be permitted to penetrate a maximum height limit or #sky exposure plane# set forth in Sections 23- 42 (Height and Setback Requirements in R1 Through R5 Districts), 23-43 (Height and Setback Requirements for R6 Through R12 Districts) or 23-44 (Special Provisions for Certain Areas).

23-411
General permitted obstructions

[MOVING FROM 23-621. MODIFYING TO ADD SAFETY GUARDS]

1. (a) Awnings and other sun control devices, provided that when located at a level higher than the first #story#, excluding a #basement#, all such awnings and other sun control devices:
3. 1. (1) shall be limited to a maximum projection from a #building# wall of 2 feet, 6 inches, except when located on the first #story# above a setback;
   2. (2) shall have solid surfaces that, in aggregate, cover an area no more than 30 percent of the area of the #building# wall (as viewed in elevation) from which they project; and
   3. (3) may rise above the permitted #building# height, up to the height of a parapet wall or railing permitted in accordance with this Section. When located on the first #story# above a setback, awnings and other sun control devices shall be limited to a projection of 50 percent of the depth of the required setback, and shall be limited, in total, to 50 percent of the width of the #building# wall from which they project;
4. (b) #Building# columns, having an aggregate width equal to not more than 20 percent of the #aggregate width of street walls# of a #building#, to a depth not exceeding 12 inches, in an #initial setback distance#, optional front open area, or any other required setback distance or open area set forth in the applicable height and setback regulations;
5. (c) Chimneys or flues, with a total width not exceeding 10 percent of the #aggregate width of street walls# of a #building# at any level;
6. (d) Decks, and other surfaces for recreational activities, not more than 3 feet, 6 inches in height, as measured from the maximum height limit;
7. (e) Flagpoles or aerials;
8. (f) Parapets, railings, or safety guards, provided that:
9. 1. (i) parapets shall not exceed four feet in height;
   2. (ii) railings shall not exceed 4 feet, 6 inches in height, and shall be at least 50 percent open; and
   3. (iii) safety guards shall not exceed 10 feet in height and shall be at least 90 percent transparent for the portion that exceeds four feet in height;
10. (g) #Qualifying exterior wall thickness#
11. (h) Roof thickness, up to 12 inches, to accommodate the addition of insulation, for #buildings# or portions of #buildings# constructed prior to [date of adoption]. For a #building# that has added roof thickness pursuant to this paragraph, the height of any other permitted obstruction may be measured from the finished level of the roof instead of the maximum height limit or #sky exposure plane#.
12. (i) Skylights, clerestories or other daylighting devices, not more than four feet in height, as measured from the maximum height limit. Such devices shall be limited to a #lot coverage# not greater than 10 percent of the #lot coverage# of the roof and be located at least eight feet from the #street wall# edge. However, such devices shall not be permitted obstructions above a roof with a slope greater than 20 degrees;
13. (j) Solar energy systems, #accessory# or as part of an #energy infrastructure equipment#:
14. 1. (1) on the roof, or any portion thereof, of a #building#, with a slope less than 20 degrees: up to a height of 15 feet, or, when located on a bulkhead or other obstruction of this Section, a height of six feet; or
    2. (2) on the roof, or any portion thereof, of a #building#, which has a slope of more than 20 degrees: up to a height of 60 inches in height, as measured perpendicular to the roof surface;
15. (k) Vegetated roofs, not more than 3 feet, 6 inches in height, excluding vegetation, as measured from the maximum height limit. On roofs with slopes greater than 20 degrees, vegetated roofs shall be limited to a height of 12 inches measured perpendicular to such roof surface;
16. (l) Weirs, check dams and other equipment for stormwater management, not more than 3 feet, 6 inches in height, as measured from the maximum height limit;
17. (m) Window washing equipment mounted on a roof;
18. (n) Wire, chain link or other transparent fences.

23-412
Additional permitted obstructions

[MOVING FROM 23-622 AND MODIFYING]

In all #Residence Districts#, the obstructions set forth in Section 23-411 (General permitted obstructions), as well as the following obstructions, shall be permitted to penetrate a maximum height limit or #sky exposure plane#.

1. (a) Balconies, unenclosed, subject to the provisions of Section 23-62 (Balconies);
2. (b) Dormers having an #aggregate width of street walls# equal to not more than 50 percent of the width of the #street wall# of a #detached# or #semi-detached# #single-# or #twofamily residence#;
3. (c) Elevator or stair bulkheads (including shafts; and vestibules not larger than 60 square feet in area providing access to a roof), roof water tanks, #energy infrastructure equipment#, and #accessory# mechanical equipment (including enclosures), other than solar or wind energy systems (whether #accessory# or as part of #energy infrastructure equipment#), provided that:
4. 1. (1) such obstructions shall be located not less than 10 feet from the #street wall# of a #building#, except that such obstructions need not be set back more than 25 feet from a #narrow# #street line# or more than 20 feet from a #wide# #street line#. However, such restrictions on location shall not apply to elevator or stair bulkheads (including shafts or vestibules), provided the #aggregate width of street walls# of such bulkheads within 10 feet of a #street wall#, facing each #street# frontage, does not exceed 30 percent of the #street wall# width of the #building# facing such frontage;
   2. (2) the aggregate area of such obstructions, including any required screening, does not exceed 50 percent of the #lot coverage# of the #building#;
   3. (3) the height of obstructions within an aggregate area equivalent to at least 20 percent of the #lot coverage# of the #building# shall not exceed 15 feet above the maximum permitted height; and
   4. (4) the height of obstructions within the remaining #lot coverage#, not to exceed 30 percent of the #building# shall not exceed:
   5. 1. (i) in R1 through R5 Districts, for #buildings# on #qualifying transitaccessible sites#, or in R3-2, R4, and R5 Districts, except R4-1, R4A, R4B and R5A Districts, for any #building#, a height of 25 feet above the maximum permitted height;
      2. (ii) in R6 through R12 Districts:
      3. 1. (a) where the maximum permitted height of a #building# is 120 feet or lower, a height of 35 feet above the maximum permitted height; and
         2. (b) where the maximum permitted height of a #building# is greater than 120 feet, a height of 55 feet above the maximum permitted height; and
   6. (5) all equipment shall be subject to the applicable provisions of Section 26-60 (SPECIAL SCREENING AND ENCLOSURE PROVISIONS);
5. (d) Wind energy systems, #accessory# or as part of an #energy infrastructure equipment#, on portions of #buildings# with a height of 100 feet or greater, provided:
6. 1. (1) the highest point of the wind turbine assembly does not exceed 55 feet;
   2. (2) no portion of the wind turbine assembly is closer than 10 feet to any #lot line#; and
   3. (3) the diameter of the swept area of the rotor does not exceed 15 feet.

23-413
Permitted obstructions in certain districts

[MOVING FROM SECTION 23-623. UPDATING DORMERS]

R2A R2X R3 R4 R4-1 R4A R5A

1. (a) In the districts indicated, for those #buildings# that are subject to Section 23-421 (Basic pitched-roof envelopes for certain districts), permitted obstructions are limited to chimneys, dormers, #qualifying exterior wall thickness#, flagpoles or aerials, parapet walls, roof thickness, skylights, solar energy systems and vegetated roofs pursuant to Section 23-411 (General permitted obstructions).
2. R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
3. (b) In the districts indicated, for those #buildings# subject to any height and setback regulations other than Section 23-42 (Basic pitched-roof envelopes for certain districts), within a required front setback distance above a maximum base height, the following rules shall apply:
4. 1. (1) Dormers shall be allowed as a permitted obstruction, provided that on any #street# frontage, either one of the following methods is applied:
   2. 1. (i) the aggregate width of all dormers at the maximum base height does not exceed 60 percent of the width of the #street wall# of the highest #story#entirely below the maximum base height. For each foot above the maximum base height, the aggregate width of all dormers shall be decreased by one percent of the #street wall# width of the highest #story# entirely below the maximum base height; or
      2. (ii) the aggregate width of all dormers at the maximum base height does not exceed 40 percent of the width of the #street wall# of the highest #story# entirely below the maximum base height. Such dormers need not decrease in width as the height above the maximum base height increases.
         
         Where towers allowances are utilized pursuant to the provisions of Section 23-436, dormers may only rise to a height equivalent to 75 percent of the height of the #building# and shall be included in the calculation of tower coverage.
   3. (2) Solar energy systems on a roof shall be limited to four feet or less in height, as measured from the maximum height limit, or the finished level of the roof, whichever is higher. However, on a roof with a slope greater than 20 degrees, such systems shall be limited to 18 inches in height as measured perpendicular to the roof surface.
   4. (3) Wind energy systems shall not be allowed as permitted obstructions.
   5. (4) Window washing equipment shall not be allowed as permitted obstructions.

23-42
Height and Setback Requirements in R1 Through R5 Districts

[MOVING TEXT FROM 23-63, AND MODIFYING]

R1 R2 R3 R4 R5

In the districts indicated, the height and setback regulations of a #building or other structure# shall be as set forth in Section 23-421 (Basic pitched-roof envelopes for certain districts) and 23- 422 (Basic flat-roof envelopes for certain districts). Where applicable, standard setback provisions are set forth in Section 23-423.

Such heights may be increased on #qualifying transit-accessible sites# or on #zoning lots# containing #qualifying senior housing#, or for certain large #zoning lots#, pursuant to Sections 23-424 or 23-425, respectively.

Additional provisions are set forth in Section 23-426

The height of all #buildings or other structures# shall be measured from the #base plane#.

23-421
Basic pitched-roof envelopes for certain districts

[MOVING TEXT FROM SECTION 23-631, AND MODIFYING]

R1 R2 R3A R3X R3-1 R3-2 R4 R4A R4-1 R4A R5A

In the districts indicated, the height and setback regulations for #single-# or #two-family# #detached#, #semi-detached#, or #zero lot line# #buildings or other structure#, where permitted, shall be set forth in this Section.

The perimeter walls of a #building or other structure# are those portions of the outermost walls enclosing the #floor area# within a #building or other structure# at any level and height is measured from the #base plane#. Perimeter walls are subject to setback regulations at a maximum height above the #base plane# of 25 feet.

Above these heights, sloping planes control the maximum height of the #building or other structure# requiring either a setback or a pitched roof. These planes start at the maximum permitted height of the perimeter walls and meet at a ridge line of 35 feet above the #base plane#. The exact locations of these planes are flexible and are determined in the following steps set forth in paragraphs (a) through (g):

1. (a) At a height of 35 feet above and parallel to the #base plane#, a plane is projected above the area enclosed by and including the perimeter walls of the #building or other structure#. A second plane (the perimeter wall plane) is projected in the same manner at a height of 25 feet above the #base plane#. (See Figure A)
   
   
   
   
   Figure A
   
   
   
2. (b) Each perimeter wall of the #building or other structure# with a horizontal dimension of eight feet or more which projects from an adjacent perimeter wall at least 18 inches may have an apex point directly above it on the 35-foot-high plane. (See Figure B). The location of the apex point is flexible provided it is directly above its perimeter wall and provided a line drawn from the intersection of two perimeter walls to such an apex point does not exceed 80 degrees to the horizontal. An apex point is not required for each qualifying perimeter wall; however, the maximum number of apex points above each such wall is one.
   
   
   
   
   Figure B
   
   
   
3. (c) One "ridge line" is extended in a straight line from each apex point along the 35-foothigh plane. Ridge lines which connect two apex points may cross other ridge lines. Otherwise, ridge lines which extend from only one apex point must terminate at a point of intersection with another ridge line. (See Figure C)
   
   
   
   
   Figure C
   
   
   
4. (d) Sloping planes are extended in a straight line outward and downward from each ridge line until they intersect the perimeter wall plane. Every sloping plane generated must intersect the perimeter wall plane for the full width of the ridge line from which it extends. (See Figure D). The maximum angle of pitch for any sloping plane may not exceed 80 degrees to the horizontal. Sloping planes extended from ridge lines perpendicular or within 45 degrees of being perpendicular to each other may intersect, in which case the higher plane defines the limit of the envelope. Sloping planes extended from ridge lines parallel or within 45 degrees of being parallel to each other must intersect the perimeter wall plane without intersecting each other.
   
   
   
   
   Figure D
   
   
   
5. (e) The perimeter walls are then extended vertically beyond the perimeter wall plane, up to the heights defined by the sloping planes generated in paragraph (d). (See Figure E). The perimeter walls of the #building or other structure#, the sloping planes and the perimeter wall extensions define the #building# envelope. (See Figure F).
   
   
   
   
   Figure E and F
   
   
   
6. (f) Special Situations
   
   For convex curved perimeter walls, the #building or other structure# must be within a plane curve tapering uniformly to a vertex located at a height of 35 feet. For concave curved perimeter walls, the #building or other structure# must lie within a plane curve extending from the maximum perimeter wall height to a ridge line parallel to the prolongation of the perimeter wall at the 35-foot level. Such plane curves may not exceed a pitch of 80 degrees in relation to a plane drawn parallel to the #base plane# at the maximum height of the permitted perimeter wall. (See Figure G).
   
   
   
   
   
   
   
   

23-422
Basic flat-roof envelopes for certain districts

[MOVING TEXT FROM SECTION 23-631, AND MODIFYING]

R3-2 R4 R4B R5 R5B R5D

In the districts indicated, the height and setback regulations for #building or other structure# shall be set forth in this Section.

R3-2 R4

1. (a) In the districts indicated, for #residences# not subject to the provisions of Section 23-421, the maximum #building# height shall be 35 feet.
2. R4B
3. (b) In the district indicated, the maximum #building# height shall be 25 feet.
4. R5B
5. (c) In the district indicated, the maximum #building# height shall be 35 feet.
6. R5
7. (d) In the district indicated, except R5 Districts with a letter suffix, minimum base height shall be 20 feet, the maximum base height shall be 35 feet, and the maximum #building# height shall be 45 feet. At a height not lower than the minimum base height or higher than the maximum base height, a setback shall be provided in accordance with Section 23-423.
8. R5D
9. (e) In the district indicated, the maximum #building# height shall be 45 feet.

23-423
Standard setback regulations

[APPLYING SETBACK MODIFICATIONS FROM CURRENT SECTION 23-662 (c) TO NEW LOW-DENSITY ENVELOPES]

Where minimum setback regulations are specific for a particular #building# envelope for a particular district, the following shall apply.

At a height not lower than the minimum base height or higher than the maximum base height specified for the applicable district, a setback with a depth of at least 10 feet shall be provided from any #street wall# fronting on a #wide street#, and a setback with a depth of at least 15 feet shall be provided from any #street wall# fronting on a #narrow street#. Such minimum setbacks may be modified as follows:

1. (a) The depth of such required setback may be reduced by one foot for every foot that the #street wall# is located beyond the minimum required #front yard#, but in no event shall a setback of less than seven feet in depth be provided, except as otherwise set forth in this Section. To allow #street wall# articulation, where a #street wall# is divided into different segments and located at varying depths from the #street line#, such permitted setback reduction may be applied to each #street wall# portion separately.
2. (b) The depth of such setbacks may include the depth of recesses or #outer courts# in the #street wall# of the #building# base, provided that the aggregate width of any such recessed portion of a #street wall# with a setback less than seven feet, as applicable, does not exceed 30 percent of the #aggregate width of street wall# at any level.
3. (c) These setback provisions are optional for any #building# wall that either is located beyond 50 feet of a #street line#, or oriented so that lines drawn perpendicular to it, in plan, would intersect a #street line# at an angle of 65 degrees or less. In the case of an irregular #street line#, the line connecting the most extreme points of intersection shall be deemed to be the #street line#.
4. (d) Dormers provided in accordance with the provisions of Section 23-413 (Permitted obstructions in certain districts) may penetrate a required setback area.

23-424
Height and setback requirements for qualifying transit-accessible sites and qualifying senior housing

[NEW TEXT FOR QUALIFYING TRANSIT-ACCESSIBLE SITES, PER PROPOSAL] [MOVING TEXT FOR SENIOR HOUSING FROM SECTION 23-631, AND MODIFYING]

R1 R2 R3 R4 R5

In the districts indicated, for #zoning lots# that meet the criteria of paragraph (a) of this Section, the height and setback modifications set forth in paragraph (b) shall apply.

1. (a) Eligible sites
   
   The provisions of this Section shall apply to:
2. 1. (1) #qualifying transit-accessible sites#; or
   2. (2) #zoning lots# located in R3-2, R4, R5, R5B or R5D districts, where such #zoning lot# contains #qualifying senior housing#.
3. (b) Modified height and setback provisions
   
   For eligible #zoning lots#, the minimum base height, maximum base height and maximum #building# height shall be as set forth in the following table. At a height not lower than the minimum base height or higher than the maximum base height, a setback shall be provided in accordance with Section 23-423.

MAXIMUM BASE HEIGHT AND MAXIMUM #BUILDING# HEIGHTS FOR #QUALIFYING TRANSIT-ACCESSIBLE SITES# AND #QUALIFYING SENIOR HOUSING#

District	Minimum Base Height (in feet)	Maximum Base Height (in feet)	Maximum Height of #Buildings or other Structures# (in feet)
R1-1 R1-2 R1-2A R2 R2A R2X R3-1 R3-2 R3A R3X	20	35	35
R4 R4-1 R4A R4B	20	35	45
R5 R5A R5B R5D	20	45	55

23-425
Height and setback requirements for large zoning lots

[NEW TEXT, PER PROPOSAL]

R1 R2 R3 R4 R5

In the districts indicated, for #zoning lots# that meet the criteria of paragraph (a) of this Section, the height and setback modifications set forth in paragraph (b) shall apply.

1. (a) Eligible sites
   
   The provisions of this Section shall apply to:
2. 1. (1) #qualifying transit-accessible sites#; or
   2. (2) #zoning lots# located in R3-2, R4, R5, R5B or R5D districts,
   3. where, either a single #zoning lot# or two or more #zoning lots# under single fee ownership or alternate ownership arrangements that are contiguous or would be contiguous but for their separation by a #street#, have a #lot area# of at least 1.5 acres.
3. (b) Modified height and setback provisions
   
   For eligible #zoning lots#, the minimum base height, maximum base height and maximum #building# heights set forth in Section 23-424 shall apply, except that the maximum permitted #building# height may be increased by 10 feet.

23-426
Additional height and setback provisions

[MOSTLY NEW TEXT ADAPTED FROM MEDIUM AND HIGH-DENSITY ALLOWANCES. PARAGRAPH (c) IS A REPLACEMENT OF 23-463]

R1 R2 R3 R4 R5

In the districts indicated, the following additional regulations shall apply:

1. (a) No minimum base height provisions of Section 23-42, inclusive, shall apply along any #street# frontage of a #zoning lot# occupied by #buildings# whose #street wall# heights or widths will remain unaltered, or to #buildings# that are #developed# or #enlarged# and do not exceed such minimum base heights.
2. (b) For any #zoning lot# located in a Historic District designated by the Landmarks Preservation Commission, any applicable minimum or maximum base height regulations of Section 23-42, inclusive, or as modified in any applicable Special District, may be modified as follows:
3. 1. (1) The minimum base height of a #street wall# may vary between the minimum set forth in Section 23-432, and the height of the #street wall# of an adjacent #building# before setback, if such height is lower than the minimum base height; and
   2. (2) The maximum base height of a #street wall# may vary between the maximum set forth in Section 23-432, and the height of the #street wall# of an adjacent #building# before setback, if such height is higher than the maximum base height.
4. (c) For #buildings# containing three or more #dwelling units# in #buildings# with #street wall# widths exceeding 150 feet, as measured parallel to the #street line#, a minimum of 20 percent of the entire surface area of each #street wall# shall either recess or project a minimum of three feet from the #street wall#. The depth of required recesses or projections of a #building# shall be measured from the #street wall#.

23-43
Height and Setback Requirements in R6 Through R12 Districts

[CONTENT OF SECTION 23-66 MOVING TO 23-43 AND UPDATED PER PROPOSAL]

R6 R7 R8 R9 R10 R11 R12

In the districts indicated, the #street wall# location of a #building# shall be as set forth in 23-431, the height and setback regulations of a #building or other structure# shall be as set forth in Section 23-432, and standard setback provisions shall be as set forth in Section 23-433.

Such heights may be increased on #zoning lots# qualifying for the floor area regulations of Section 23-222 (Floor area regulations for affordable or senior housing) pursuant to Section 23- 434 or for #zoning lots# meeting certain criteria pursuant to Section 23-435.

Towers are permitted in certain districts pursuant to Section 23-436.

Additional provisions are set forth in Section 23-437.

The height of all #buildings or other structures# shall be measured from the #base plane#.

23-431
Street wall location requirements

[CONTENT OF SECTION 23-661 MOVING TO 23-431 AND UPDATED PER PROPOSAL]

R6 R7 R8 R9 R10 R11 R12

In the districts indicated, the applicable #street wall# location provisions of this Section shall apply. Such provisions shall apply to the portion of a #street wall# located below the applicable minimum base height set forth in Section 23-432. Where a continuous sidewalk widening is provided on the #zoning lot#, along the entire #block# frontage of a #street#, the boundary of the sidewalk widening shall be considered to be the #street line# for the purposes of this Section.

1. (a) Line-up rules
   
   In R6B R7B R8B districts, the #street wall# of a #building# shall be located no closer to the #street line# than the closest #street wall#, or portion thereof, nor further from the #street line# than the furthest #street wall#, or portion thereof, of an existing adjacent #building# on the same or an adjoining #zoning lot# located on the same #street# frontage. Eligible adjoining #buildings# shall be located within 15 feet of the #street line#, within 25 feet of the subject #building#, and have a height that exceeds 35 feet. Where an existing adjacent #building# has multiple #street walls# located at varying depths from the #street line#, the subject #street wall# shall not be located closer to the #street line# than the furthest portion of such existing adjacent #street wall# that is at least five feet in width and extends to at least half the height of the #building#.
   
   On #corner lots#, such provisions shall apply to both #street# frontages, except that along one #street line#, the #street wall# need not be located further than five feet from the #street line#, where applicable.
   
   However, where, the #street wall# surrounding the subject #building# do not have a #prevailing street wall frontage#, the applicable #street wall# regulations of paragraph (b) may be applied.
2. (b) Percentage-based rules
   
   For all #buildings# that are not subject to the provisions of paragraph (a) the following shall apply:
3. 1. (1) Along #wide streets# and along #narrow streets# within 50 feet of their intersection with a #wide street# at least 70 percent of the #aggregate width of street walls# shall be located within eight feet of the #street line# and extend to at least the minimum base height specified in Section 23-432 (Basic height and setback requirements), or the height of the #building#, whichever is less. Up to 30 percent of the #aggregate width of street walls# may be recessed beyond eight feet of the #street line#, provided that any such recesses deeper than 10 feet along a #wide street# or 15 feet along a #narrow street# are located within an #outer court#.
   2. (2) Along #narrow streets# beyond 50 feet of their intersection with a #wide street#, at least 50 percent of the #street wall# shall be located within eight feet of the #street line#. Up to 50 percent of the #aggregate width of street walls# may be recessed beyond eight feet of the #street line#, provided that any such recesses deeper than 15 feet are located within an #outer court#.
   3. However, where, the #street wall# surrounding the subject #building# have a #prevailing street wall frontage# that is located further from the #street line# than the applicable provisions of this paragraph, the line-up provisions of paragraph (a) of this Section may be applied.
4. (c) Modifications along certain frontages
   
   Notwithstanding the provisions of paragraph (a) or (b) of this Section, the following may be applied:
5. 1. (1) for #street walls# facing a #transportation infrastructure adjacent frontage#, no #street wall# location provisions shall apply; and
   2. (2) for #street walls# on #buildings# on a #zoning lot# that has a #lot area# of at least 40,000 square feet or is coincident with the #block#, at least 70 percent of the #aggregate width of street walls# shall be located within 15 feet of the #street line# and extend to at least the minimum base height specified in Section 23-432 (Basic height and setback requirements), or the height of the #building#, whichever is less.
6. (d) Articulation allowances
   
   In all districts, and along all frontages, #street wall# articulation, including, but not limited to, window recesses and structural expression on the #building# facade, shall be permitted to project or recess beyond the #street wall# locations established in paragraphs (a), (b) or (c) of this Section, provided such articulation does not exceed a depth or projection of 12 inches. In addition, to accommodate other forms of #street wall# articulation, such as bay windows, and facade recesses, up to 50 percent of the #aggregate width of street wall#, at any level, may recess or project beyond such #street wall# location provisions of this Section, provided that no such recess or projection exceeds a depth of three feet, as measured perpendicular to the #street wall#, or portion thereof. No projection shall extend beyond the #street line#, except where encroachments into the public right-of-way are permitted by the New York City Administrative Code.

23-432
Basic height and setback requirements

[CONTENT OF SECTION 23-662 MOVING TO 23-432 AND UPDATED PER PROPOSAL]

R6 R7 R8 R9 R10 R11 R12

In the districts indicated, the minimum base height, maximum base height and maximum #building# height shall be as set forth in the following table. At a height not lower than the minimum base height or higher than the maximum base height, a setback shall be provided in accordance with Section 23-433. For #buildings# in certain districts, towers shall be permitted as an alternative to the maximum #building# height, in accordance with the provisions of Section 23-436.

MINIMUM BASE HEIGHT, MAXIMUM BASE HEIGHT, AND MAXIMUM BUILDING HEIGHTS

District	Minimum Base Height (in feet)	Maximum Base Height (in feet)	Maximum Height of #Buildings or other Structures# (in feet)
R6A R61 R6-1	40	65	75
R6B R62	30	45	55
R6D R6-2	30	45	65
R7A R7-11 R7-21	40	75	85
R7B R7-12 R7-22	40	65	75
R7D	60	85	105
R7X R7-3	60	95	125
R8A	60	95	125
R8B	55	65	75
R8X	60	95	155
R82	60	85	115
R81	60	95	135
R9A1 R91	60	105	145
R9A2 R92	60	95	135
R9D R9-1	60	125	175
R9X1	105	125	175
R9X2	60	125	165
R10A1 R10X1 R101	125	155	215
R10A2 R10X2 R102	60	125	185
R11 R11A	125	155	255
R12	125	155	325

1. ⁽¹⁾ For #zoning lots# or portions thereof within 100 feet of a #wide street#
2. ⁽²⁾ For #zoning lots# or portions thereof on a #narrow street# beyond 100 feet of a #wide street# or, for #zoning lots# with only #wide street# frontage, portions of such #zoning lot# beyond 100 feet of the #street line#

23-433
Standard setback regulations

[MOVING FROM 23-662 (c)]

R6 R7 R8 R9 R10 R11 R12

At a height not lower than the minimum base height or higher than the maximum base height specified for the applicable district, a setback with a depth of at least 10 feet shall be provided from any #street wall# fronting on a #wide street#, and a setback with a depth of at least 15 feet shall be provided from any #street wall# fronting on a #narrow street#. Such minimum setbacks may be modified as follows:

1. (a) The depth of such required setback may be reduced by one foot for every foot that the #street wall# is located beyond the minimum required #front yard#, but in no event shall a setback of less than seven feet in depth be provided, except as otherwise set forth in this Section. To allow #street wall# articulation, where a #street wall# is divided into different segments and located at varying depths from the #street line#, such permitted setback reduction may be applied to each #street wall# portion separately.
2. (b) The depth of such setbacks may include the depth of recesses or #outer courts# in the #street wall# of the #building# base, provided that the aggregate width of any such recessed portion of a #street wall# with a setback less than seven feet, as applicable, does not exceed 30 percent of the #aggregate width of street wall# at any level.
3. (c) These setback provisions are optional for any #building# wall that either is located beyond 50 feet of a #street line#, or oriented so that lines drawn perpendicular to it, in plan, would intersect a #street line# at an angle of 65 degrees or less. In the case of an irregular #street line#, the line connecting the most extreme points of intersection shall be deemed to be the #street line#.
4. (d) Dormers provided in accordance with the provisions of Section 23-413 (Permitted obstructions in certain districts) may penetrate a required setback area.

23-434
Height and setback modifications for affordable or senior housing

[MOVING FROM SECTION 23-664 AND UPDATING PER PROPOSAL]

R6 R7 R8 R9 R10 R11 R12

In the districts indicated, for #zoning lots# qualifying for the floor area regulations of Section 23- 222 (Floor area regulations for affordable or senior housing), the maximum base height and maximum #building# height set forth in Section 23-432 shall be modified by the provisions of this Section. For #buildings# in certain districts, towers shall be permitted as an alternative to the maximum #building# height, in accordance with the provisions of Section 23-436.

MAXIMUM BASE HEIGHT AND MAXIMUM BUILDING HEIGHT FOR AFFORDABLE OR SENIOR HOUSING

District	Minimum Base Height (in feet)	Maximum Height of #Buildings or other Structures# (in feet)
R6A R6 R6-1	65	95
R6B	45	65
R6D R6-2	55	75
R7A R7-1 R7-2	85	115
R7B	65	95
R7D	95	125
R7X R7-3	105	145
R8A	105	145
R8B	85	105
R8X	105	175
R8	105	145
R81	125	175
R9A R9	135	185
R9X R9D R9-1	155	215
R10A R10X R10	155	235
R11A R11	155	325
R12	155	395

1. ⁽¹⁾ for #UAP developments# or #qualifying senior housing# on #zoning lots#, or portions thereof, within 100 feet of a #wide street#

23-435
Height and setback modifications for eligible sites

[NEW PROVISIONS, ADAPTED FROM SECTION 23-664(c), AND EXPANDED]

R6 R7 R8 R9 R10 R11 R12

In the districts indicated, without a letter suffix, for #zoning lots# that meet the criteria of paragraph (a) of this Section, the height and setback modifications set forth in paragraph (b) shall apply. For #buildings# in certain districts, towers shall be permitted as an alternative to the maximum #building# height, in accordance with the provisions of Section 23-436.

1. (a) Eligible sites
   
   The provisions of this Section shall apply to:
2. 1. (1) #zoning lots# with a #transportation-infrastructure-adjacent frontage#;
   2. (2) #zoning lots# that have a #lot area# of at least 20,000 square feet or are coincident with the #block#; or
   3. (3) #zoning lots# where one of the following irregularities exists on [date of adoption] and the date of application for a building permit:
   4. 1. (i) an #interior lot#, or portions thereof, has a depth that is less than 85 feet, or a #through lot#, or portion thereof, has a depth that is less than 170 feet;
      2. (ii) an #interior lot#, or portions thereof, has a depth that is greater than or equal to 115 feet, or a #through lot#, or portion thereof, has a depth that is greater than or equal to 230 feet;
      3. (iii) #corner lots# or other #zoning lots# with multiple #front lot lines# where the angle between two #front lot lines# is greater than or less than 15 degrees of being perpendicular;
      4. (iv) #through lots# or other #zoning lots# with multiple #front lot lines# where the angle between two #front lot lines# is greater than or less than 15 degrees of being parallel;
      5. (v) #zoning lots# where, over the depth of the lot, as measured perpendicular from the #front lot line#, there is a slope of at least 15 percent to the horizontal;
3. (b) Modified height and setback provisions
   
   For eligible #zoning lots#, the maximum permitted #building# height may be increased as follows:

4. MAXIMUM BUILDING HEIGHT FOR ELIGIBLE SITES

   District	Maximum Height of #Buildings or other Structures# (in feet)
   R6 R6-1	125
   R7-1 R7-2	155
   R7-3	185
   R8	215
   R81	255
   R9	285
   R9-1	315
   R10	355
   R11	405
   R12	495

5. ⁽¹⁾ for #UAP developments# or #qualifying senior housing# on #zoning lots#, or portions thereof, within 100 feet of a #wide street#
6. Notwithstanding the above, where either a single #zoning lot# or two or more #zoning lots# under single fee ownership or alternate ownership arrangements that are contiguous or would be contiguous but for their separation by a #street#, have a #lot area# of at least 40,000 square feet, the maximum heights may be increased by 25 percent.

23-436
Tower regulations

[PROVISIONS MOVING FROM 23-65 AND UPDATED, PER PROPOSAL]

R9D R9 R9-1 R10X R10 R11 R12

In the districts indicated, other than R10A and R11A, as an alternative to the maximum #building# heights set forth in Sections 23-432, 23-434 or 23-435, as applicable, towers shall be permitted pursuant to the provisions of this Section.

Above the maximum base height specified for the particular district, a tower with a maximum #lot coverage# of:

1. (a) 65 percent shall be permitted up to a height of 300 feet; and
2. (b) 50 percent shall be permitted above a height of 300 feet.
3. For certain areas, additional tower regulations are set forth in Section 23-44.

23-437
Additional height and setback provisions

[MOVING FROM SECTION 23-665 AND UPDATED, PER PROPOSAL]

R6 R7 R8 R9 R10 R11 R12

In the districts indicated, the following additional regulations shall apply:

1. (a) Existing buildings may be vertically #enlarged# by up to one story or 15 feet without regard to the #street wall# location requirements of Section 23-431.
2. (b) On #through lots# which extend less than 180 feet in maximum depth from #street# to #street#, the #street wall# location requirements of Section 23-431 shall be mandatory along only one #street# frontage.
3. (c) The #street wall# location and minimum base height provisions of Sections 23-431 and 23-432, respectively, shall not apply along any street frontage of a zoning lot occupied by buildings whose #street wall# heights or widths will remain unaltered.
4. (d) The minimum base height provisions of Section 23-432 shall not apply to #buildings# that are #developed# or #enlarged# and do not exceed such minimum base heights.
5. (e) For any zoning lot located in a Historic District designated by the Landmarks Preservation Commission, the #street wall# location and minimum or maximum base height regulations of Section 23-43, inclusive, or as modified in any applicable Special District, may be modified as follows:
6. 1. (1) The minimum base height of a #street wall# may vary between the applicable minimum set forth in Section 23-432, and the height of the #street wall# of an adjacent #building# before setback, if such height is lower than the minimum base height; and
   2. (2) The maximum base height of a #street wall# may vary between the applicable maximum set forth in Section 23-43, inclusive, and the height of the #street wall# of adjacent #building# before setback, if such height is higher than the maximum base height.

23-44
Special Provisions for Certain Areas

23-441
Special provisions for height factor buildings

[NEW TEXT]

In R6 through R9 Districts without a letter suffix, for #height factor buildings#, the height and setback regulations shall be as set forth in Section 23-72, inclusive.

23-442
Special tower provisions

[(a) PROVISION MOVING FROM SECTION 23-663 AND MODIFYING, AND (b) PROVISIONS MOVING FROM SECTIONS 23-65 AND 23-651 AND MODIFYING]

In addition to the provisions of Section 23-436, the following provisions shall apply to towers in certain areas.

1. (a) R9D and R10X Districts
   
   In R9D and R10X Districts, the minimum #lot coverage# of a tower above the maximum base height shall be 33 percent of the #lot area# of the #zoning lot#.
2. (b) Standard tower-on-a-base
   
   In R9 or R10 districts without a letter suffix, the following shall apply to #buildings# where:
3. 1. (1) more than 25 percent of the #floor area# is #residential#; and
   2. (2) Such #building# is located on a #zoning lot# that fronts upon a #wide street# and is either within 125 feet from such #wide street# frontage along the #short dimension of the block# or within 100 feet from such #wide street# frontage along the long dimension of the #block#.
   3. The minimum #lot coverage# of a tower above the maximum base height shall be 30 percent of the #lot area# of the #zoning lot#. However, any #story# located within the highest 15 percent of the tower may cover less than 30 percent of the #lot area# of a #zoning lot# if the gross area of such highest #stories# does not exceed 90 percent of the gross area of that #story# directly below it.
   4. At least 55 percent of the total #floor area# permitted on the #zoning lot# shall be located in #stories# located either partially or entirely below a height of 150 feet. When the #lot coverage# of the tower portion is less than 40 percent, the required 55 percent of the total #floor area# distribution, within a height of 150 feet, shall be increased in accordance with the following requirement:

   5. Percent of #Lot Coverage# of the Tower Portion	Minimum Percent of Total #Building Floor Area# Distribution Below the Level of 150 Feet
      40.0 or greater	55.0
      39.0 to 39.9	55.5
      38.0 to 38.9	56.0
      37.0 to 37.9	56.5
      36.0 to 36.9	57.0
      35.0 to 35.9	57.5
      34.0 to 34.9	58.0
      33.0 to 33.9	58.5
      32.0 to 32.9	59.0
      31.0 to 31.9	59.5
      30.0 to 30.9	60.0

23-443
Special provisions for certain community districts

[CONSOLIDATING PROVISIONS OF SECTIONS 23-674, 23-675, FOR MANHATTAN , AND 23-665(h), FOR BROOKLYN]

1. (a) Borough of Manhattan
2. 1. (1) Community District 9
      
      In R8 Districts without a letter suffix in the portion of Community District 9 in the Borough of Manhattan located north of West 125th Street, the underlying height and setback regulations for the zoning district shall apply, except that:
   2. 1. (i) #height factor buildings# shall not be permitted; and
      2. (ii) the additional height allowances for eligible sites set forth in Section 23- 435 shall not apply.
   3. (2) Community District 6
      
      In Community District 6 in the Borough of Manhattan, in R10 Districts located east of First Avenue and north of East 51st Street, for #buildings# where more than 25 percent of the #floor area# is #residential# but are not otherwise subject to the tower-on-a-base provisions of paragraph (b) of this Section, the following shall apply.
      
      The minimum #lot coverage# of a tower above the maximum base height shall be 30 percent of the #lot area# of the #zoning lot#. However, any #story# located within the highest 15 percent of the tower may cover less than 30 percent of the #lot area# of a #zoning lot# if the gross area of such highest #stories# does not exceed 90 percent of the gross area of that #story# directly below it.
      
      At least 45 percent of the total #floor area# permitted on the #zoning lot# shall be located in #stories# located either partially or entirely below a height of 150 feet. In addition, when the #lot coverage# of the tower is less than 40 percent, the required 45 percent of the total #floor area# distribution, within a height of 150 feet, shall be increased in accordance with the following requirement:

   4. Percent of #lot coverage# of the tower portion	Minimum percent of total #building floor area# distribution below the level of 150 feet
      40.0 or greater	45.0
      39.0 to 39.9	45.5
      38.0 to 38.9	46.0
      37.0 to 37.9	46.5
      36.0 to 36.9	47.0
      35.0 to 35.9	47.5
      34.0 to 34.9	48.0
      33.0 to 33.9	48.5
      32.0 to 32.9	49.0
      31.0 to 31.9	49.5
      30.0 to 30.9	50.0

3. (b) Borough of Brooklyn
   
   For the purposes of applying the #street wall# location as well as the height and setback provisions of Sections 23-431 and 23-432, respectively, where the Administrative Code establishes restrictions on the location of #buildings# on lots fronting upon and within 30 feet of Eastern Parkway in Community Districts 8 and 9 in the Borough of Brooklyn, lines drawn 30 feet north of and 30 feet south of, and parallel to, Eastern Parkway shall be considered the northern and southern #street lines# of Eastern Parkway.

23-444
Special provisions in other geographies

1. (a) Special provisions for #zoning lots# adjoining #public parks#
   
   
   [MOVING TEXT FROM 23-671, AND MODIFYING]
   
   
   In all districts, where a #building# adjoining a #public park# utilizes the provisions of Section 23-382, such #public park# shall be considered a #wide street# for the purpose of applying the regulations set forth in Sections 23-42 and 23-43 to any #building or other structure# on a #zoning lot# adjoining such #public park#.
2. (b) Special provisions for #zoning lots# with #transportation-infrastructure-adjacent frontage#
   
   
   [NEW TEXT, PER PROPOSAL]
   
   
   For #zoning lots# or portions thereof within 100 feet of a #street line# along a #transportation-infrastructure-adjacent frontage#, for #buildings# containing three or more #dwelling units# that are not otherwise eligible for additional height pursuant to Section 23-435, the applicable maximum #building# heights may be increased by 10 feet in R1 through R6 Districts, and by 20 feet in R7 through R12 districts.
3. (c) #Limited Height Districts#
   
   
   [MOVING TEXT FROM 23-691, AND MODIFYING]
   
   
   In the #Limited Height Districts#, the underlying height and setback regulations for the zoning district shall apply, except that:
4. 1. (1) #height factor buildings# shall not be permitted; and
   2. (2) the additional height allowances for eligible sites set forth in Section 23-435 shall not apply.

23-50
Additional Yard Regulations

23-51
Special Provisions for Yards Adjacent to R1 Through R5 Districts

[REMOVING TEXT]

R6 R7 R8 R9 R10

In the districts indicated, the provisions of this Section shall apply to #zoning lots# located, wholly or partially, within an R6, R7, R8, R9 or R10 District that are adjacent to a #zoning lot# located wholly or partially within an R1, R2, R3, R4 or R5 District.

A #side yard# at least eight feet wide shall be provided along the entire length of the common #side lot line#. Such #side yard# may be used for #accessory# parking.

23-52
Special Provisions for Shallow Interior Lots

[MOVING TEXT TO 23-343]

R3 R4 R5

1. (a) In the districts indicated, if an #interior lot#:
2. 1. (1) was owned separately and individually from all other adjoining tracts of land, both on December 15, 1961, and on the date of application for a building permit; and
   2. (2) is less than 70 feet deep at any point;
   3. the depth of a required #rear yard# for such #interior lot# may be reduced by one foot for each foot by which the maximum depth of such #zoning lot# is less than 70 feet. On any #interior lot# with a maximum depth of 50 feet or less, the minimum depth of a required #rear yard# shall be 10 feet.
3. R6 R7 R8 R9 R10
4. (b) In the districts indicated, if an #interior lot#:
5. 1. (1) was owned separately and individually from all other adjoining tracts of land, both on December 15, 1961, and on the date of application for a building permit; and
   2. (2) is less than 90 feet deep at any point;
   3. the depth of a required #rear yard#, or portion thereof, for such #interior lot#, may be reduced by six inches for each foot by which the depth of a #zoning lot#, or portion thereof, is less than 90 feet. However, in no event shall the minimum depth of a #required yard#, or portion thereof, be reduced to less than 10 feet.
6. (c) Special provisions for #zoning lots# created after December 15, 1961
   
   Notwithstanding the provisions of paragraph (b) of this Section, in R6 through R10 Districts, the special #rear yard# provisions of this Section may be applied to a #zoning lot# created after December 15, 1961, or portion thereof, provided that the shallow lot condition was in existence on December 15, 1961, and, subsequently, such shallow lot condition on the #zoning lot#, or portion thereof, has neither increased nor decreased in depth.

23-53
Special Provisions for Through Lots

[MOVING TEXT TO 23-345]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the regulations of this Section shall apply to all #through lots#, except as provided in Section 23-471 (Beyond one hundred feet of a street line). In the case of a #zoning lot# occupying an entire #block#, no #rear yard# or #rear yard equivalent# shall be required.

23-531
Excepted through lots

[MOVING TEXT TO 23-345]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

1. (a) In all districts, as indicated, no #rear yard# regulations shall apply to any #through lots# that extend less than 110 feet in maximum depth from #street# to #street#.
2. R6 R7 R8 R9 R10
3. (b) In the districts indicated, for #zoning lots# containing #Quality Housing buildings#, 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#.

23-532
Required rear yard equivalents

[MOVING TEXT TO 23-345]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, except for #Quality Housing buildings# in R6 through R10 Districts, the provisions for which are set forth in Section 23-533 (Required rear yard equivalents for Quality Housing buildings), on any #through lot# that is 110 feet or more in maximum depth from #street# to #street#, one of the following #rear yard equivalents# shall be provided:

1. (a) an open area with a minimum depth of 60 feet, midway (or within five feet of being midway) between the two #street lines# upon which such #through lot# fronts;
2. (b) two open areas, each adjoining and extending along the full length of a #street line# and each with a minimum depth of 30 feet measured from such #street line#, except the depth of such required open area along one #street line# may be decreased, provided that:
3. 1. (1) a corresponding increase in the depth of the open area along the other #street line# is made; and
   2. (2) any required #front yards# or front setback areas are maintained; or
4. (c) an open area adjoining and extending along the full length of each #side lot line# with a minimum width of 30 feet measured from each such #side lot line#.
5. However, in #lower density growth management areas# and in R5D 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.
6. Any such #rear yard equivalent# shall be unobstructed from its lowest level to the sky, except as provided in Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

23-533
Required rear yard equivalents for Quality Housing buildings

[MOVING TEXT TO 23-345]

R6 R7 R8 R9 R10

For #Quality Housing buildings# in R6 through R10 Districts, on any #through lot# that is 110 feet or more in maximum depth from #street# to #street#, a #rear yard equivalent# consisting of an open area with a minimum depth of 60 feet midway, or within 10 feet of being midway, between the two #street lines# upon which such #through lot# fronts, shall be provided.

However, for #through lots# with a depth of 180 feet or less, an open area with a minimum depth equivalent to the depth required pursuant to Section 23-534 (Special provisions for shallow through lots), may be provided, and additionally, one of the following #rear yard equivalents# may be provided as an alternative:

1. (a) two open areas, each adjoining and extending along the full length of a #street line# and each with a minimum depth of 30 feet measured from such #street line#, except the depth of such required open area along one #street line# may be decreased, provided that a corresponding increase in the depth of the open area along the other #street line# is made; or
2. (b) an open area adjoining and extending along the full length of each #side lot line# with a minimum width of 30 feet measured from each such #side lot line#, except that the width of such required open area along one #side lot line# may be decreased, provided that a corresponding increase in the depth of the open area along the other #street line# is made. If an open area along a #side lot line# is provided, it shall be at least eight feet.
3. Any such #rear yard equivalent# shall be unobstructed from its lowest level to the sky, except as provided in Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

23-534
Special provisions for shallow through lots

[MOVING TEXT TO 23-344]

R6 R7 R8 R9 R10

1. (a) In the districts indicated, if a #through lot# :
2. 1. (1) is less than 180 feet deep at any point; and
   2. (2) was less than 180 feet deep, both on December 15, 1961, and on the date of application for a building permit;
   3. the depth of a required #rear yard equivalent#, or portion thereof, for such #through lot#, may be reduced by one foot for each foot by which the depth of a #zoning lot#, or portion thereof, is less than 180 feet. However, in no event shall the minimum depth of a required #rear yard equivalent#, or portion thereof, provided between two or more #buildings# on a single #zoning lot# be reduced to less than 40 feet, and in no event shall the minimum depth of such required #rear yard equivalent#, or portion thereof, be reduced to less than 20 feet.
3. (b) Special provisions for #zoning lots# created after December 15, 1961
   
   Notwithstanding the provisions of paragraph (a) of this Section, in R6 through R10 Districts, the special #rear yard equivalent# provisions of this Section may be applied to a #zoning lot# created after December 15, 1961, or portion thereof, provided that the shallow lot condition was in existence on December 15, 1961, and, subsequently, such shallow lot condition on the #zoning lot#, or portion thereof, has neither increased nor decreased in depth.

23-54
Other Special Provisions for Rear Yards

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the #rear yard# requirements set forth in Section 23-47 (Minimum Required Rear Yards) shall be modified as set forth in this Section.

23-541
Within one hundred feet of corners

[MOVING TEXT TO 23-343]

R6 R7 R8 R9 R10

In the districts indicated, no #rear yard# shall be required within 100 feet of the point of intersection of two #street lines# intersecting at an angle of 135 degrees or less.

23-542
Along short dimension of block

[MOVING TEXT TO 23-343]

R6 R7 R8 R9 R10

In the districts indicated, whenever a #front lot line# of a #zoning lot# coincides with all or part of a #street line# measuring less than 230 feet in length between two intersecting #streets#, no #rear yard# shall be required within 100 feet of such #front lot line#.

23-543
For zoning lots with multiple rear lot lines

[MOVING TEXT TO 23-343]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, for #zoning lots# with multiple #rear lot lines#, if a #rear yard# extends from a #rear lot line# away from the #street line# which is used to determine such #rear lot line#, the following rules shall apply along such #rear lot line# :

1. (a) In all districts, a #rear yard# with a minimum depth of 30 feet shall be provided where such #rear lot line# coincides with a #rear lot line# of an adjoining #zoning lot#, except as modified in Section 23-52 (Special Provisions for Shallow Interior Lots).
   
   
   
   
   (23-543a)
   
   
2. (b) In R1 through R5 Districts, a #rear yard# with a minimum depth of eight feet shall be provided where such #rear lot line# coincides with a #side lot line# of an adjoining #zoning lot#.
   
   
   
   
   (23-543b)
   
   
3. (c) In R6 through R10 Districts, no #rear yard# shall be required where such #rear lot line# coincides with a #side lot line# of an adjoining #zoning lot#.
4. (d) In all districts, for portions of #through lots# that have multiple #rear lot lines# and such portions are not subject to #interior lot# regulations, the #street line# bounding the #zoning lot# closest to such #rear lot line# shall be used to determine compliance with this Section.
   
   
   
   
   (23-543d)
   
   

23-544
In certain districts

[REMOVING TEXT. THIS IS NOW A STANDARD ALLOWANCE]

R2X

In the district indicated, a #residential# #building# may extend 10 feet into a required #rear yard# or #rear yard equivalent# pursuant to the provisions of Section 23-631 (General provisions).

23-55
Special Provisions for Zoning Lots Divided by District Boundaries

[CONSOLIDATING INTO SINGLE SECTION]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, whenever a #zoning lot# is divided by a boundary between districts or is subject to other regulations resulting in different #yard# regulations on portions of the #zoning lot#, the provisions set forth in Article VII, Chapter 7, shall apply.

23-56
Modifications of Rear Yard Regulations

[REMOVING TEXT]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the regulations set forth in Section 23-543 (For zoning lots with multiple rear lot lines) may be modified in accordance with the provisions of Section 73-69 (Rear Yard Modifications).

---

BEGINNING OF 23-50 THROUGH 23-59 NEW TEXT

---

23-50
DENSITY REGULATIONS

[ENTIRE TEXT MOVING FROM 23-30, INCLUSIVE AND MODIFYING]

23-51
Applicability

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11

This Section shall apply to #developments#, #enlargements# or to existing #buildings# that increase the number of #dwelling units#. However, the provisions of this Section shall not apply to #rooming units#.

Any given #floor area# shall be counted only once in meeting the #floor area# requirements.

The provisions of this Section shall not apply to #single-# or #two-family residences#.

23-52
Maximum Number of Dwelling Units

[TEXT MOVING FROM 23-22 AND 23-24 AND MODIFYING]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

Within the #inner transit zone#, there shall be no maximum number of #dwelling units#.

Within areas outside of the #inner transit zone#, for #buildings# containing three or more #dwelling units#, the maximum number of #dwelling units# shall equal the maximum #residential# #floor area# permitted on the #zoning lot# divided by 500. Fractions equal to or greater than three-quarters resulting from this calculation shall be considered to be one #dwelling unit#. For #qualifying senior housing# outside of the #greater transit zone#, there shall be no applicable #dwelling unit# factor.

In addition, for #zoning lots# outside the #inner transit zone# with #buildings# containing multiple #uses# or multiple #buildings# with different #uses#, for the purposes of such calculation, the maximum #residential# #floor area# permitted on the #zoning lot# shall equal the applicable total #floor area# permitted on the #zoning lot#, minus the amount of non- #residential# #floor area# or #floor area# allocated to #qualifying senior housing#. Where #floor area# in a #building# is shared by multiple #uses#, the #floor area# for such shared portion shall be attributed to each #use# proportionately, based on the percentage each #use# occupies of the total #floor area# of the #zoning lot#, less any shared #floor area#.

23-60
HEIGHT AND SETBACK REGULATIONS

[ENTIRE 23-60 TEXT MOVING TO 23-40, AND MODIFYING]

23-61
Applicability

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, height and setback regulations for a #building or other structure# shall be as set forth in Section 23-60, inclusive.

Height and setback regulations applicable to R1 through R5 Districts are set forth in Section 23- 63. #Buildings# in R5D Districts shall also comply with additional provisions set forth in Article II, Chapter 8.

Height and setback regulations applicable to R6 through R10 Districts are set forth in Sections 23-64 (Basic Height and Setback Requirements), 23-65 (Tower Regulations) and 23-66 (Height and Setback Requirements for Quality Housing Buildings), as applicable.

In R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X, R10A or R10X Districts, all #buildings# containing #residences# shall comply with the #bulk# regulations for #Quality Housing buildings# set forth in Sections 23-62 (Permitted Obstructions) and 23-66. In R6, R7, R8, R9 or R10 Districts without a letter suffix, a #building# containing #residences# may be #developed# or #enlarged# pursuant to the basic height and setback requirements of Sections 23-62, 23-64 or 23-65, as applicable, or pursuant to the #bulk# regulations for #Quality Housing buildings#. All #Quality Housing buildings# shall also comply with additional provisions set forth in Article II, Chapter 8, as applicable.

Special height and setback provisions are set forth in Section 23-67 (Special Height and Setback Provisions for Certain Areas) for #zoning lots# adjoining a #public park#, as well as for certain areas in Community Districts 4, 6, 7 and 9 in the Borough of Manhattan. Additional provisions are set forth in Sections 23-68 (Special Provisions for Zoning Lots Divided by District Boundaries) and 23-69 (Special Height Limitations).

23-62
Permitted Obstructions

[MOVING TEXT TO 23-41]

In all #Residence Districts#, the obstructions set forth in this Section, inclusive, shall be permitted to penetrate a maximum height limit or #sky exposure plane# set forth in Sections 23- 63 (Height and Setback Requirements in R1 Through R5 Districts), 23-64 (Basic Height and Setback Requirements), 23-66 (Height and Setback Requirements for Quality Housing Buildings) or 23-69 (Special Height Limitations).

23-621
General permitted obstructions

[MOVING TEXT TO 23-411]

In all #Residence Districts#, the following obstructions shall be permitted to penetrate a maximum height limit or #sky exposure plane#. These allowances are generally common to #Residence#, #Commercial# and #Manufacturing Districts#.

1. (a) Awnings and other sun control devices, provided that when located at a level higher than the first #story#, excluding a #basement#, all such awnings and other sun control devices:
2. 1. (1) shall be limited to a maximum projection from a #building# wall of 2 feet, 6 inches, except when located on the first #story# above a setback;
   2. (2) shall have solid surfaces that, in aggregate, cover an area no more than 30 percent of the area of the #building# wall (as viewed in elevation) from which they project; and
   3. (3) may rise above the permitted #building# height, up to the height of a parapet wall or guardrail permitted in accordance with this Section. When located on the first #story# above a setback, awnings and other sun control devices shall be limited to a projection of 50 percent of the depth of the required setback, and shall be limited, in total, to 50 percent of the width of the #building# wall from which they project;
3. (b) #Building# columns, having an aggregate width equal to not more than 20 percent of the #aggregate width of street walls# of a #building#, to a depth not exceeding 12 inches, in an #initial setback distance#, optional front open area, or any other required setback distance or open area set forth in the applicable height and setback regulations;
4. (c) Chimneys or flues, with a total width not exceeding 10 percent of the #aggregate width of street walls# of a #building# at any level;
5. (d) Decks, and other surfaces for recreational activities, not more than 3 feet, 6 inches in height, as measured from the maximum height limit;
6. (e) Flagpoles or aerials;
7. (f) Parapet walls, not more than four feet in height, as measured from the maximum height limit. A guardrail with a surface at least 70 percent open or with an opacity no more than 30 percent (as viewed in elevation), shall be permitted above a parapet wall or within two feet of a parapet wall, provided such guardrail is not more than four feet above the accessible level of a roof. Such restriction on guardrail height shall not apply when located beyond two feet from a parapet wall;
8. (g) #Qualifying exterior wall thickness#
9. (h) Roof thickness, up to 12 inches, to accommodate the addition of insulation, for #buildings# or portions of #buildings# constructed prior to [date of adoption]. For a #building# that has added roof thickness pursuant to this paragraph, the height of any other permitted obstruction may be measured from the finished level of the roof instead of the maximum height limit or #sky exposure plane#.
10. (i) Skylights, clerestories or other daylighting devices, not more than four feet in height, as measured from the maximum height limit. Such devices shall be limited to a #lot coverage# not greater than 10 percent of the #lot coverage# of the roof and be located at least eight feet from the #street wall# edge. However, such devices shall not be permitted obstructions above a roof with a slope greater than 20 degrees;
11. (j) Solar energy systems, #accessory# or as part of an #energy infrastructure equipment#:
12. 1. (1) on the roof, or any portion thereof, of a #building#, with a slope less than 20 degrees: up to a height of 15 feet, or, when located on a bulkhead or other obstruction of this Section, a height of six feet; or
    2. (2) on the roof, or any portion thereof, of a #building#, which has a slope of more than 20 degrees: up to a height of 60 inches in height, as measured perpendicular to the roof surface;
13. (k) Vegetated roofs, not more than 3 feet, 6 inches in height, excluding vegetation, as measured from the maximum height limit. On roofs with slopes greater than 20 degrees, vegetated roofs shall be limited to a height of 12 inches measured perpendicular to such roof surface;
14. (l) Weirs, check dams and other equipment for stormwater management, not more than 3 feet, 6 inches in height, as measured from the maximum height limit;
15. (m) Window washing equipment mounted on a roof;
16. (n) Wire, chain link or other transparent fences.

23-622
Additional permitted obstructions

[MOVING TEXT TO 23-412]

In all #Residence Districts#, the obstructions set forth in Section 23-621 (General permitted obstructions), as well as the following obstructions, shall be permitted to penetrate a maximum height limit or #sky exposure plane#

1. (a) Balconies, unenclosed, subject to the provisions of Section 23-13;
2. (b) Dormers having an #aggregate width of street walls# equal to not more than 50 percent of the width of the #street wall# of a #detached# or #semi-detached# #single-# or #twofamily residence#;
3. (c) Elevator or stair bulkheads (including shafts; and vestibules not larger than 60 square feet in area providing access to a roof), roof water tanks, #energy infrastructure equipment#, and #accessory# mechanical equipment (including enclosures), other than solar or wind energy systems (whether #accessory# or as part of #energy infrastructure equipment#), provided that:
4. 1. (1) such obstructions shall be located not less than 10 feet from the #street wall# of a #building#, except that such obstructions need not be set back more than 25 feet from a #narrow# #street line# or more than 20 feet from a #wide# #street line#. However, such restrictions on location shall not apply to elevator or stair bulkheads (including shafts or vestibules), provided the #aggregate width of street walls# of such bulkheads within 10 feet of a #street wall#, facing each #street# frontage, does not exceed 30 percent of the #street wall# width of the #building# facing such frontage;
   2. (2) the aggregate area of such obstructions, including any required screening, does not exceed 50 percent of the #lot coverage# of the #building#;
   3. (3) the height of obstructions within an aggregate area equivalent to at least 20 percent of the #lot coverage# of the #building# shall not exceed 15 feet above the maximum permitted height; and
   4. (4) the height of obstructions within the remaining #lot coverage#, not to exceed 30 percent of the #building# shall not exceed:
   5. 1. (i) in R3-2, R4, and R5 Districts, except R4-1, R4A, R4B and R5A Districts, a height of 25 feet above the maximum permitted height;
      2. (ii) in R6 through R10 Districts:
      3. 1. (a) where the maximum permitted height of a #building# is 120 feet or lower, a height of 35 feet above the maximum permitted height; and
         2. (b) where the maximum permitted height of a #building# is greater than 120 feet, a height of 55 feet above the maximum permitted height; and
   6. (5) all equipment shall be subject to the applicable provisions of Section 26-60 (SPECIAL SCREENING AND ENCLOSURE PROVISIONS);
5. (d) Wind energy systems, #accessory# or as part of an #energy infrastructure equipment#, on portions of #buildings# with a height of 100 feet or greater, provided:
6. 1. (1) the highest point of the wind turbine assembly does not exceed 55 feet;
   2. (2) no portion of the wind turbine assembly is closer than 10 feet to any #lot line#; and
   3. (3) the diameter of the swept area of the rotor does not exceed 15 feet.

23-623
Permitted obstructions in certain districts

[MOVING TEXT TO 23-413]

R2A R2X R3 R4 R4-1 R4A R5A

1. (a) In the districts indicated, permitted obstructions are limited to chimneys, #qualifying exterior wall thickness#, flagpoles or aerials, parapet walls, roof thickness, skylights, solar energy systems and vegetated roofs pursuant to Section 23-621. However, in R3-2 and R4 Districts, except R4-1, R4A and R4B Districts, elevator or stair bulkheads, roof water tanks, #energy infrastructure equipment# and #accessory# mechanical equipment shall additionally be permitted.
2. (b) In R2X Districts, dormers may be considered permitted obstructions if:
3. 1. (1) the aggregate width of dormers facing the #street line# is equal to not more than 50 percent of the width of the #street wall line#;
   2. (2) the aggregate width of dormers facing the #rear lot line# is equal to not more than 50 percent of the width of the #rear wall line#;
   3. (3) the aggregate width of dormers facing a #side lot line# is equal to not more than 50 percent of the width of a straight line connecting and perpendicular to the #street wall line# and the #rear wall line#; and
   4. (4) on a #corner lot#, the aggregate width of dormers facing a #side lot line# is equal to not more than 50 percent of the width of the #rear wall line# facing such #side lot line#.
4. R6 R7 R8 R9 R10
5. (c) In the districts indicated, for #Quality Housing buildings#, within a required front setback distance above a maximum base height, the following rules shall apply:
6. 1. (1) Dormers shall be allowed as a permitted obstruction, provided that on any #street# frontage, the aggregate width of all dormers at the maximum base height does not exceed 60 percent of the width of the #street wall# of the highest #story# entirely below the maximum base height. For each foot above the maximum base height, the aggregate width of all dormers shall be decreased by one percent of the #street wall# width of the highest #story# entirely below the maximum base height.
      
      
      
      
      Dormer
      (23-621c, 62-341d.2)
      
      
   2. (2) Solar energy systems on a roof shall be limited to four feet or less in height, as measured from the maximum height limit, or the finished level of the roof, whichever is higher. However, on a roof with a slope greater than 20 degrees, such systems shall be limited to 18 inches in height as measured perpendicular to the roof surface.
   3. (3) Wind energy systems shall not be allowed as permitted obstructions.
   4. (4) Window washing equipment shall not be allowed as permitted obstructions.

23-63
Height and Setback Requirements in R1 Through R5 Districts

[MOVING TEXT TO SECTION 23-42, AND MODIFYING]

R1 R2 R3 R4 R5

In the districts indicated, the height and setback of a #building or other structure# shall be as set forth in Section 23-631 (General provisions). Additional provisions pertaining to required side and rear setbacks are set forth in Section 23-632 (Required side and rear setbacks).

23-631
General provisions

[MOVING TEXT TO SECTION 23-421, AND MODIFYING]

Height and setback regulations for R1 through R5 Districts are set forth in this Section. Such maximum heights may only be penetrated by permitted obstructions set forth in Section 23-62.

R1 R2

1. (a) In the districts indicated, except R1-2A, R2A and R2X Districts, the front wall or any other portion of a #building or other structure# shall not penetrate the #sky exposure plane# set forth in the following table:

2. MAXIMUM HEIGHT OF FRONT WALL AND REQUIRED FRONT SETBACKS

   Height above #Front Yard Line# (in ft.)	#Sky Exposure Plane#		District
   	Slope over #Zoning Lot# (expressed as a ratio of vertical distance to horizontal distance)
   	Vertical Distance	Horizontal Distance
   25	1 to	1	R1 R2

3. 
   
   
   
   
   SKY EXPOSURE PLANE
   (23-631a, 24–521)
   
   
4. R1-2A R2A R2X R3 R4 R4-1 R4A R5A
5. (b) In the districts indicated, the height and setback of a #building or other structure# shall be as set forth herein except where modified pursuant to paragraphs (h) and (j) of this Section.
   
   For the purposes of this Section, where #base planes# of different elevations apply to different portions of a #building or other structure#, each such portion of the #building# may be considered to be a separate #building#. Furthermore, for the purposes of this Section, #building segments# may be considered to be separate #buildings# and #abutting# #semi-detached# #buildings# may be considered to be one #building#.
   
   The perimeter walls of a #building or other structure# are those portions of the outermost walls enclosing the #floor area# within a #building or other structure# at any level and height is measured from the #base plane#. Perimeter walls are subject to setback regulations at a maximum height above the #base plane# of:
   
   
   

   21 feet	R2A R2X R3 R4A
   25 feet	R1-2A R4-1 R4 R5A
   26 feet	R3 R4-1 R4A within #lower density growth management areas#

   
   
   Above these heights, sloping planes control the maximum height of the #building or other structure# requiring either a setback or a pitched roof. These planes start at the maximum permitted height of the perimeter walls and meet at a ridge line of 35 feet above the #base plane#. The exact locations of these planes are flexible and are determined in the steps set forth in paragraphs (b)(1) through (b)(5), as follows:
6. 1. (1) At a height of 35 feet above and parallel to the #base plane#, a plane is projected above the area enclosed by and including the perimeter walls of the #building or other structure#. A second plane (the perimeter wall plane) is projected in the same manner at a height of 21 or 25 feet above the #base plane#. (See Figure A)
      
      
      
      
      Figure A
      (23-631b1)
      
      
   2. (2) Each perimeter wall of the #building or other structure# with a horizontal dimension of eight feet or more which projects from an adjacent perimeter wall at least 18 inches may have an apex point directly above it on the 35 foot high plane. (See Figure B). The location of the apex point is flexible provided it is directly above its perimeter wall and provided a line drawn from the intersection of two perimeter walls to such an apex point does not exceed 80 degrees to the horizontal. An apex point is not required for each qualifying perimeter wall; however, the maximum number of apex points above each such wall is one.
      
      
      
      
      Figure B
      (23-631b2)
      
      
   3. (3) One "ridge line" is extended in a straight line from each apex point along the 35 foot high plane. Ridge lines which connect two apex points may cross other ridge lines. Otherwise, ridge lines which extend from only one apex point must terminate at a point of intersection with another ridge line. (See Figure C)
      
      
      
      
      Figure C
      (23-631b3)
      
      
   4. (4) Sloping planes are extended in a straight line outward and downward from each ridge line until they intersect the perimeter wall plane. Every sloping plane generated must intersect the perimeter wall plane for the full width of the ridge line from which it extends. (See Figure D). The maximum angle of pitch for any sloping plane may not exceed 80 degrees to the horizontal. Sloping planes extended from ridge lines perpendicular or within 45 degrees of being perpendicular to each other may intersect, in which case the higher plane defines the limit of the envelope. Sloping planes extended from ridge lines parallel or within 45 degrees of being parallel to each other must intersect the perimeter wall plane without intersecting each other.
      
      
      
      
      Figure D
      (23-631b4)
      
      
   5. (5) The perimeter walls are then extended vertically beyond the perimeter wall plane, up to the heights defined by the sloping planes generated in paragraph (4). (See Figure E). The perimeter walls of the #building or other structure#, the sloping planes and the perimeter wall extensions define the #building# envelope. (See Figure F). Those items listed in Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents), and roofed porches and porticoes subject to all applicable provisions, may penetrate the #building# envelope below the maximum permitted perimeter wall height. Eaves may extend the roof lines 18 inches beyond the exterior walls.
      
      
      
      
      (23-631b5.1)
      
      
      
      
      
      
      Figure E and F
      (23-631b5.2)
      
      
   6. (6) Special Situations
   7. 1. (i) For convex curved perimeter walls, the #building or other structure# must be within a plane curve tapering uniformly to a vertex located at a height of 35 feet. For concave curved perimeter walls, the #building or other structure# must lie within a plane curve extending from the maximum perimeter wall height to a ridge line parallel to the prolongation of the perimeter wall at the 35 foot level. Such plane curves may not exceed a pitch of 80 degrees in relation to a plane drawn parallel to the #base plane# at the maximum height of the permitted perimeter wall. (See Figure G).
         
         
         
         
         
         Figure G
         (23-631b6.i)
         
         
      2. (ii) In R2X Districts, at the 21 foot maximum permitted height of a perimeter wall, sloping planes are projected inwards and upwards. From a permitted front perimeter wall and from 21 feet above the #base plane# and 20 feet from and parallel to a #rear lot line#, such sloping plane shall not exceed a pitch of 45 degrees in relation to a plane drawn parallel to the #base plane# at a height of 21 feet. (See Figure H). Other sloping planes slope toward a ridge line at 35 feet and may not exceed a pitch of 80 degrees in relation to a plane drawn parallel to the #base plane# at a height of 21 feet.
         
         
         
         
         
         Figure H
         (23-631b6.ii)
         
         
7. R4B
8. (c) In the district indicated, no portion of the #building or other structure#, including the apex of a roof, shall penetrate a plane 24 feet in height above the #base plane#.
9. R5
10. (d) In the district indicated, except R5A, R5B and R5D Districts, no portion of a #building or other structure#, including the apex of a roof, may penetrate a plane 40 feet above the #base plane#. In addition, the maximum height of a #street wall# above the #base plane# shall be 30 feet. Above such height, a setback of 15 feet is required. Within the setback distance, no portion of the #building or other structure#, including the apex of a roof, may penetrate a plane rising from the maximum #street wall# height, at 20 degrees to the horizontal. On #corner lots#, the 30 foot maximum #street wall# height shall apply to only one #street# frontage. #Buildings or other structures# which utilize the optional regulations of Section 23-143 applying to a #predominantly built-up area# shall be subject to the height and setback regulations for an R5B District. The provisions of this paragraph may be modified pursuant to paragraphs (h) and (j) of this Section.
11. R5B
12. (e) In the district indicated, no portion of a #building or other structure#, including the apex of a roof, may penetrate a plane 33 feet above the #base plane#. In addition, the maximum height of a #street wall# above the #base plane# shall be 30 feet. Above such height, no portion of the #building or other structure# shall penetrate a plane rising from the maximum #street wall# height, at 20 degrees to the horizontal, to a maximum height of 33 feet above the #base plane#. On #corner lots#, the 30 foot maximum #street wall# height shall apply to only one #street# frontage. The provisions of this paragraph may be modified pursuant to paragraph (h) of this Section.
13. R5D
14. (f) In the district indicated, no portion of a #building or other structure# shall penetrate a plane 40 feet above the #base plane#. However, where the ground floor level of a #building# provides a #qualifying ground floor# in accordance with the supplemental provisions set forth in paragraph (b)(2) of Section 23-662, the maximum height of a #building or other structure# may be increased to 45 feet, or four #stories#, whichever is less.
15. R3A R4-1 R4A R4B R5B
16. (g) In the districts indicated, a second #story# line-up is required as follows:
    
    Where at least 75 percent of the #buildings# containing #residences# within 150 feet of the #side lot lines# of the #zoning lot# have a first #story# front projection that is at least 50 percent of the width of the #building#, the #street wall# shall be no closer to the #street line# than the second #story# #street wall# of an adjacent #building# containing #residences# facing on the same #street#.
    
    Projections from the first #story# #street wall# are permitted provided that such projections are no closer to the #street line# than an adjacent #front yard line#, and such projections are no higher than 13 feet above the #street wall line level#. Projections from the second #story street wall# are permitted provided that the width of all projections at that level does not exceed 33 percent of the width of the #building# at the second #story#, and the depth of the projections does not exceed three feet.
17. (h) The height and setback regulations of this Section are modified as follows:
18. 1. (1) In R3-1 and R3-2 Districts, #single-# or #two-family# #detached# #residences# on #zoning lots# of at least 9,500 square feet in area and at least 100 feet of frontage along a #street# may use the height and setback regulations applicable in an R2 District.
    2. (2) In the #Special Ocean Parkway District#, the #Special Coney Island Mixed Use District#, and the #Special Hunters Point Mixed Use District#, for #buildings or other structures# subject to the regulations of an R5 District other than an R5D District, no portion of a #building or other structure#, including the apex of a roof, may penetrate a plane 40 feet above the #base plane#. In addition, the maximum height of a #street wall# above the #base plane# shall be 32 feet. Above such height, a setback of 15 feet is required. Within the setback distance, no portion of the #building or other structure#, including the apex of a roof, may penetrate a plane rising from the maximum #street wall# height at 20 degrees to the horizontal. On #corner lots#, the 32 foot maximum #street wall# height shall apply to only one #street# frontage.
       
       In these special districts, for #developments# or #enlargements# which utilize the optional regulations applicable to a #predominantly built-up area#, the maximum height of a #building# containing #residences# shall not exceed 32 feet above the #base plane#. Furthermore, for such #developments# or #enlargements# with pitched roofs, the midpoint of such pitched roof shall not exceed a height of 32 feet above the #base plane#. The provisions of this paragraph may be modified pursuant to paragraph (j) of this Section.
    3. (3) In accordance with Section 78-31 (Location of Buildings, Distribution of Bulk and Open Space and Modification of Height and Setbacks), #buildings# within a #large-scale residential development# may use the alternate height and setback regulations set forth in paragraphs (b)(1) through (b)(3) of Section 78-31.
19. R3-2 R4 R5
20. (i) In R3-2 Districts, #buildings# containing #affordable independent residences for seniors# may use the height and setback regulations applicable to an R4 District, as set forth in paragraph (b) of this Section.
21. (j) In R4 and R5 Districts, except R4-1, R4A, R4B, R5A, R5B and R5D Districts, the height and setback provisions set forth in paragraphs (b) and (d) of this Section shall apply to #buildings# containing #affordable independent residences for seniors#. However, where no #single-family# or #two-family residence# existed on the #zoning lot# within three years prior to the issuance of a building permit for the #development# or #enlargement# of such #building# containing #affordable independent residences for seniors#, such height and setback provisions shall be modified as follows:
22. 1. (1) in R4 Districts, the height of the #building# shall not exceed 45 feet; and
    2. (2) in R5 Districts, the height of the #building# shall not exceed 45 feet, except that beyond 25 feet of a #street line#, the height of the #building# may be increased to a height of 55 feet where one or more of the following conditions are met:
    3. 1. (i) on the date of application for a building permit for such #development# or #enlargement#, not more than 50 percent of the aggregate length of the #block# frontage on both sides of the #street# facing each other is occupied by #single-family# or #two-family residences#;
       2. (ii) an existing #building# on the same or adjacent #zoning lot# of such #development# or #enlargement# has a height of 45 feet or more; or
       3. (iii) the #zoning lot# of such #development# or #enlargement# has a #lot area# of at least 1.5 acres.
23. (k) In the districts indicated, except R4-1, R4A, R4B, R5A, R5B and R5D Districts, the City Planning Commission may authorize a #building or other structure# that penetrates the height and setback regulations set forth in paragraphs (b), (d) or (i) of this Section, except for #buildings# utilizing the optional regulations for #predominantly built-up areas#. As a condition for granting such authorizations, the Commission shall find that:
24. 1. (1) by concentrating permitted #floor area# in a #building# or #buildings# of greater height, the preservation of an existing #building#, topography, vegetation, or view corridors having environmental, historic or aesthetic value to the public will be assured, and that such preservation would not be possible by careful siting of lower #buildings# containing the same permitted #floor area#; or, for #affordable independent residences for seniors#, the additional #floor area# permitted is accommodated in an efficient manner;
    2. (2) such modification is the least modification required to achieve the purpose for which it is granted;
    3. (3) the proposed modification does not impair the essential character of the surrounding area; and
    4. (4) the proposed modification will not have adverse effects upon light, air, and privacy of adjacent properties and of any existing #buildings# on the #zoning lot#
    5. Applications for authorizations shall be referred to the affected Community Board for a period of at least 30 days for comment. The Commission shall grant in whole or in part or deny the application within 60 days of the completion of the Community Board review period.

23-632
Required side and rear setbacks

[REMOVING SECTION, PER PROPOSAL]

Side and rear setbacks shall be provided as specified in this Section. Permitted obstructions in required side and rear setbacks are set forth in paragraph (a) of this Section. Required side and rear setbacks for tall buildings in certain R1 through R5 Districts are set forth in paragraph (b) and required side and rear setbacks for #buildings# containing non-#residential uses# in certain R1 through R5 Districts are set forth in paragraph (c) of this Section.

1. (a) Permitted obstructions in required side and rear setbacks
   
   Unenclosed balconies, subject to the provisions of Section 23-13 (Balconies), are permitted to project into or over any open areas required by the provisions of this Section. In addition, awnings and other sun control devices, decks, exterior wall thickness, parapet walls not more than four feet in height, roof thickness, solar energy systems up to four feet high, vegetated roofs and weirs are permitted as set forth in Section 23-62 (Permitted Obstructions). Chimneys or flues shall also be permitted, provided that the total width does not exceed 10 percent of the width of the #building’s# walls facing such open area.
2. (b) Required side and rear setbacks for tall buildings in certain low bulk districts
   
   R1 R2 R3 R4 R5
   
   In R1 and R2 Districts, any portion of a #building or other structure# bounding a #side yard# or a #rear yard# which is more than 30 feet above the mean level of adjacent natural grade shall be set back from such #side yard# line or #rear yard line# for a distance equal to one-half the height of that portion of the #building or other structure# which is higher than 30 feet above the mean level of adjacent natural grade.
   
   In R3, R4 and R5 Districts, except R5A and R5D Districts, any portion of a #building or other structure# bounding a #side yard# or a #rear yard# which is more than 33 feet above the level of the #base plane# shall be set back from such #side yard# line or such #rear yard line# for a distance equal to one-half the height of that portion of the #building or other structure# which is higher than 33 feet above the level of the #base plane# (see illustration below of R5 District Side Yard Setback).
   
   However, the following modifications may be applied to #buildings# containing #affordable independent residences for seniors# :
3. 1. (1) no #rear yard# setback need be provided; and
   2. (2) for a #side yard#, the resultant setback required by the calculation above need not exceed a depth of 10 feet, as measured from the #building# wall fronting such #side yard#.
      
      
      
      
      SIDE YARD SETBACK
      (R5 example)
      (23-632b)
      
      
4. (c) Required side and rear setbacks for permitted non-residential uses in low bulk districts
   R1 R2 R3 R4 R5
   In the districts indicated, except R5D Districts, no portion of any #building# used for permitted non-#residential uses# which is more than 30 feet or more than three #stories#, whichever is less, above the level of a #side yard# or #rear yard#, shall be nearer to a #side lot line# or #rear lot line# bounding such #yard# than a distance equal to the height above yard level of such portion of the #building#.

23-64
Basic Height and Setback Requirements

[ENTIRE 23-64 TEXT MOVING TO 23-70]

R6 R7 R8 R9 R10

In the districts indicated without a letter suffix, for #buildings# other than #Quality Housing buildings#, the height and setback of a #building or other structure# shall be as set forth in Section 23-641 (Front setbacks), or 23-642 (Alternate front setbacks). In R9 and R10 Districts, towers are permitted in accordance with the provisions of Section 23-65.

23-641
Front setbacks

[MOVING TEXT TO 23-72]

R6 R7 R8 R9 R10

In the districts indicated without a letter suffix, if the front wall or other portion of a #building or other structure# is located at the #street line# or within the #initial setback distance# set forth in the following table, the height of such front wall or other portion of a #building or other structure# shall not exceed the maximum height above the #street line# set forth in the table. Above such specified maximum height and beyond the #initial setback distance#, the #building or other structure# shall not penetrate the #sky exposure plane# set forth in the table, except as otherwise provided in Sections 23-62 (Permitted Obstructions) or 23-65 (Tower Regulations).

LOT COVERAGE OF TOWERS ON SMALL ZONING LOTS

#Initial Setback Distance# (in feet)		Maximum Height of a Front Wall or other portion of a #Building or Other Structure# within the #Initial Setback Distance#	#Sky Exposure Plane#
			Height above #Street Line# (in feet)	Slope over #Zoning Lot# (expressed as a ratio of vertical distance to horizontal distance)
				On #Narrow Street#		On #Wide Street#
On #Narrow Street#	On #Wide Street#			Vertical Distance	Horizontal Distance	Vertical Distance	Horizontal Distance
R6 or R7 Districts
20	15	60 feet or six #stories#, whichever is less	60	2.7	to 1	5.6	to 1
R8 R9 or R10 Districts
20	15	85 feet or nine #stories#, whichever is less	85	2.7	to 1	5.6	to 1

23-642
Alternate front setbacks

[MOVING TEXT TO 23-72]

R6 R7 R8 R9 R10

In the districts indicated without a letter suffix, if an open area is provided along the entire length of the #front lot line# with the minimum depth set forth in the table in this Section, the provisions of this Section may apply in lieu of the provisions of Section 23-641 (Front setbacks). The #building or other structure# shall not penetrate the #sky exposure plane# set forth in the table, except as otherwise provided in Sections 23-62 (Permitted Obstructions) or 23-65 (Tower Regulations).

In R9 or R10 Districts, the provisions of this Section shall be inapplicable to any #development# or #enlargement# with more than 25 percent of the total #floor area# of the #building# in #residential use#.

ALTERNATE REQUIRED FRONT SETBACKS

Depth of Optional Front Open Area (in feet, measured perpendicular to #street line#)		Alternate #Sky Exposure Plane#
		Height above #Street Line# (in feet)	Slope over #Zoning Lot# (expressed as a ratio of vertical distance to horizontal distance)
			On #Narrow Street#		On #Wide Street#
On #Narrow Street#	On #Wide Street#		Vertical Distance	Horizontal Distance	Vertical Distance	Horizontal Distance
R6 or R7 Districts
15	20	60	3.7	to 1	7.6	to 1
R8 R9 or R10 Districts
15	1105	85	3.7	to 1	7.6	to 1

23-65
Tower Regulations

[MOVING TEXT TO 23-436]

R9 R10

In the districts indicated without a letter suffix, except for #Quality Housing buildings#, and except as set forth in paragraph (c) of this Section, any portion or portions of #buildings# 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 below, may penetrate an established #sky exposure plane# in accordance with the provisions of this Section. Such portions of #buildings# that penetrate a #sky exposure plane# are hereinafter referred to as

LOT COVERAGE OF TOWERS ON SMALL ZONING LOTS

Area of #Zoning Lot# (in square feet)	Maximum Percent of #Lot Coverage#
10,500 or less	50
10,501 to 11,500	49
11,501 to 12,500	48
12,501 to 13,500	47
13,501 to 14,500	46
14,501 to 15,500	45
15,501 to 16,500	44
16,501 to 17,500	43
17,501 to 18,500	42
18,501 to 19,999	41

#Buildings# #developed# or #enlarged# with towers shall comply with either tower-on-a-base regulations or standard tower regulations, as follows:

1. (a) Applicability of tower-on-a-base regulations
   
   The tower-on-a-base regulations of Section 23-651 shall apply to any such #building# that:
2. 1. (1) contains more than 25 percent of its total #floor area# in #residential use#; and
   2. (2) is located on a #zoning lot# that fronts upon a #wide street# and is either within 125 feet from such #wide street# frontage along the short dimension of the #block# or within 100 feet from such #wide street# frontage along the long dimension of the #block#.
   3. If a portion of such #building# is #developed# or #enlarged# with a tower the entire #zoning lot# shall be subject to the provisions of Section 23-651 (Tower-on-a-base).
3. (b) Applicability of standard tower regulations
   
   The standard tower regulations of Section 23-652 shall apply to any such #building# that does not meet the location and #floor area# criteria of paragraph (a) of this Section.
4. (c) Inapplicability of tower regulations
   
   The provisions of this Section shall not apply to any #building# located wholly or partly in a #Residence District#, that is within 100 feet of a #public park# with an area of one acre or more, or a #street line# opposite such a #public park#.

23-651
Tower-on-a-base

[MOVING TO SECTION 23-442 (b) AND MODIFYING PER PROPOSAL]

Any #development# or #enlargement# that meets the location and #floor area# criteria of paragraph (a) of Section 23-65 and includes a tower shall be constructed as a tower-on-a-base, in accordance with the regulations set forth in this Section. The height of all #buildings or other structures# shall be measured from the #base plane#.

1. (a) Tower regulations
2. 1. (1) At any level above a #building# base (referred to hereinafter as a "base"), any portion or portions of a #building# (referred to hereinafter as a "tower") shall occupy in the aggregate:
   2. 1. (i) not more than 40 percent of the #lot area# of a #zoning lot# or, for a #zoning lot# of less than 20,000 square feet, the percentage set forth in the table in Section 23-65 (Tower Regulations); and
      2. (ii) not less than 30 percent of the #lot area# of a #zoning lot#.
      3. However, the highest four #stories# of the tower or 40 feet, whichever is less, may cover less than 30 percent of the #lot area# of a #zoning lot# if the gross area of each #story# does not exceed 80 percent of the gross area of that #story# directly below it.
   3. (2) Any tower located above a base shall not be subject to the provisions of Section 23-64 (Basic Height and Setback Requirements).
   4. (3) At least 55 percent of the total #floor area# permitted on the #zoning lot# shall be located in #stories# located either partially or entirely below a height of 150 feet.
      
      When the #lot coverage# of the tower portion is less than 40 percent, the required 55 percent of the total #floor area# distribution, within a height of 150 feet, shall be increased in accordance with the following requirement:
      
      

      Percent of #Lot Coverage# of the Tower Portion	Minimum Percent of Total #Building Floor Area# Distribution Below the Level of 150 Feet
      40.0 or greater	55.0
      39.0 to 39.9	55.5
      38.0 to 38.9	56.0
      37.0 to 37.9	56.5
      36.0 to 36.9	57.0
      35.0 to 35.9	57.5
      34.0 to 34.9	58.0
      33.0 to 33.9	58.5
      32.0 to 32.9	59.0
      31.0 to 31.9	59.5
      30.0 to 30.9	60.0

   5. (4) At all levels, such tower shall be 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 that such dimensions shall include the depth of any permitted recesses in the #street wall#.
   6. (5) No tower or portion thereof shall be located on a #narrow street# at a distance that is more than 100 feet from the intersection with a #wide street#.
   7. Unenclosed balconies, subject to the provisions of Section 23-13 (Balconies), are permitted to project into or over open areas not occupied by towers.
   8. For the purposes of determining the permitted tower coverage and the required minimum distance between #buildings# or portions thereof, that portion of a #zoning lot# located within 125 feet from the #wide street# frontage along the short dimension of a #block# shall be treated as if it were a separate #zoning lot#.
3. (b) #Building# base regulations
4. 1. (1) #Street wall# location
   2. 1. (i) On a #wide street#, and on a #narrow street# within 125 feet of its intersection with a #wide street#, the #street wall# of the base shall occupy the entire #street# frontage of a #zoning lot# not occupied by existing #buildings#. At any height, at least 70 percent of the width of such #street wall# shall be located within eight feet of the #street line#, and the remaining 30 percent of such #street wall# may be recessed beyond eight feet of the #street line# to provide #outer courts# or balconies.
         
         However, no such recesses shall be permitted within 20 feet of an adjacent #building# fronting on the same #street line# or within 30 feet of the intersection of two #street lines#.
      2. (ii) On a #narrow street# beyond 125 feet from its intersection with a #wide street#, no #street wall# of a base is required nor shall any #street wall# provided beyond 125 feet count toward the computation of any permitted recesses on such wall.
      3. (iii) Where the #street wall# of an adjacent #building# fronting on the same #street line# is located within 10 feet of the #street line#, the #street wall# of the base shall be either located at the #street line# or aligned with the #street wall# of the adjacent #building# for a distance of not less than 20 feet measured horizontally from the side wall of such existing #building#.
   3. (2) Height of #street wall#
      
      All #street walls# of a base shall rise vertically without setback to a height of not less than 60 feet nor more than 85 feet except:
   4. 1. (i) On a #wide street#, if the height of the #street wall# of an adjacent #building# fronting on the same #street line# exceeds 60 feet and if such #street wall# is located within 10 feet of the #street line#, the #street wall# of the base shall match the height of the #street wall# of the adjacent #building# to a maximum height of 100 feet by either of three alternatives:
      2. 1. (a) the #street wall# of the base shall be extended vertically to the height of the adjacent #building# for a distance of not less than 20 feet measured horizontally from the side wall of such adjacent #building#;
         2. (b) at least 50 percent of the width of the #street wall# of the base shall be extended vertically to the height of the adjacent #building#; or
         3. (c) a dormer shall be provided pursuant to paragraph (b)(3) of this Section. Such dormer shall match the height of the adjacent #building#.
         4. Such #street wall# of the base fronting on a #wide street# may be extended along a #narrow street# within 70 feet of its intersection with the #wide street#.
      3. (ii) On a #narrow street# beyond 100 feet of its intersection with a #wide street#, the #street wall# of a base shall rise vertically to a height of at least 60 feet when the adjacent #building# is either less than 60 feet or greater than 85 feet, or match the height of the adjacent #building# when the height of such #building# is between 60 feet and 85 feet.
      4. For the purposes of this paragraph, (b)(2), inclusive, the height of an adjacent #building# shall be the height of a #street wall#, before setback, if applicable, of that portion of an existing #building# nearest the #development# or #enlargement#, fronting on the same #street line#, and located on the same or an adjoining #zoning lot#.
   5. (3) Dormer
      
      For the purposes of this Section, a dormer shall be a vertical extension of the #street wall# of a base allowed as a permitted obstruction within a required front setback area. A dormer may be located anywhere on a #wide street#, and on a #narrow street# within 70 feet of its intersection with a #wide street#.
      
      On any #street# frontage, the aggregate width of all dormers at the required initial setback level shall not exceed 60 percent of the width of the #street wall# of the highest #story# of the base. For each foot of height above the base, the aggregate width of all dormers at that height shall be decreased by one percent of the #street wall# width of the highest #story# of the base. Such dormer shall count as #floor area# but not as tower #lot coverage#.
   6. (4) Open areas
      
      All open areas at ground level, located between the #street line# and the #street wall# of a base shall be landscaped except in front of entrances and exits to the #building#.
5. (c) Modification of tower coverage and #floor area# distribution requirements
   
   The tower #lot coverage# and #floor area# distribution requirements set forth in paragraph (a)(3) of this Section shall be modified for #buildings# that provide articulation of a base in accordance with the following provisions:
6. 1. (1) Recesses
      
      Recesses shall occupy, in the aggregate, between 30 and 50 percent of the width of each eligible #story# of the base, and measure at least two feet in depth. In addition, the width of any individual recess provided within eight feet of the #street line# shall not exceed 25 percent of the width of the #street wall# of the base, unless such recess is provided in combination with an additional recess located beyond eight feet of the #street line#.
      
      Furthermore, all recesses shall comply with the provisions of paragraph (b)(1) of this Section or paragraph (a)(1) of Section 35-64 (Special Tower Regulations for Mixed Buildings), as applicable. For each #street# frontage of a #building# with recesses provided in accordance with this paragraph, (c)(1), the percent of #lot coverage# of the tower portion of the #building# may be decreased by 0.5 percent, and the minimum percent of total #building# #floor area# distribution below a level of 150 feet may be reduced by 0.25 percent.
   2. (2) Dormers
      
      For each #street# frontage with dormers, provided in accordance with paragraph (b)(3) of this Section, that measure, at their lowest level, at least 50 percent of the width of the #street wall# of the highest #story# of the base, and measure, at their highest level, at least 25 percent of the width of the highest #story# of the base, and rise at least 25 feet above the base, the percent of #lot coverage# of the tower portion of the #building# may be decreased by 0.5 percent, and the minimum percent of total #building# #floor area# distribution below a level of 150 feet may be reduced by 0.25 percent.
   3. (3) Matching provision
      
      For each #street# frontage that provides an extension of the #street wall# of a base that matches the height of an adjacent #building# in accordance with paragraph (b)(2)(i)(b) of this Section, the percent of #lot coverage# of the tower portion of the #building# may be decreased by 0.5 percent, and the minimum percent of total #building# #floor area# distribution below a level of 150 feet may be reduced by 0.25 percent.
   4. However, the total percent of #lot coverage# of the tower portion of the #building# shall not be decreased by more than 2.0 percent, nor shall the minimum percent of total #building# #floor area# distribution below a level of 150 feet be reduced by more than 1.0 percent.

23-652
Standard tower

[MOVING TO SECTION 23-436 AND MODIFYING PER PROPOSAL]

Any #development# or #enlargement# that does not meet the location and #floor area# criteria of paragraph (a) of Section 23-65 and includes a tower shall be constructed as a standard tower in accordance with the regulations set forth in this Section.

At all levels, a tower shall be located not less than 15 feet from the #street line# of a #narrow street# and not less than 10 feet from the #street line# of a #wide street#.

Unenclosed balconies, subject to the provisions of Section 23-13 (Balconies), are permitted to project into or over open areas not occupied by towers.

23-66
Height and Setback Requirements for Quality Housing Buildings

[CONTENT OF SECTION 23-66 MOVING TO 23-43 AND UPDATED PER PROPOSAL]

R6 R7 R8 R9 R10

In the districts indicated, the #street wall# location provisions of Sections 23-661 and the height and setback provisions of Section 23-662 shall apply to #Quality Housing buildings#. These provisions may be modified pursuant to the provisions of either Section 23-663 (Tower regulations in R9D and R10X Districts) or 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), as applicable. Additional provisions are set forth in Section 23-665. Additional height and setback provisions for #compensated developments# and #MIH developments#, as defined in Section 23- 911, are set forth in Sections 23-951 and 23-952, respectively. The height of all #buildings or other structures# shall be measured from the #base plane#.

Where the City Planning Commission grants additional height to a #development# or #enlargement# subject to the provisions of Sections 23-662 or 23-664 pursuant to an authorization or special permit of this Resolution, the Commission may, in conjunction, increase the permitted number of #stories#.

23-661
Street wall location

[MOVING TO 23-431 AND UPDATING PER PROPOSAL]

R6 R7 R8 R9 R10

In the districts indicated, the #street wall# location provisions of paragraphs (a), (b) or (c) of this Section shall apply to all #Quality Housing buildings#, as applicable.

Any #street wall# may be divided into different segments, and located at varying depths from the #street line#, to allow for #building# recesses, projections, #outer courts# and other forms of articulation, provided that each portion complies with the applicable #street wall# location provisions of paragraphs (a), (b) or (c) of this Section. Recesses, projections and other forms of articulation beyond the #street wall# locations established in paragraphs (a), (b) or (c) are permitted only in accordance with paragraph (d) of this Section.

R6A R7A R7D R7X R9D

1. (a) In the districts indicated, for all #buildings#, and for #Quality Housing buildings# on #wide streets# in R6 or R7 Districts without a letter suffix, the following shall apply:
2. 1. (1) The #street wall# shall be located no closer to the #street line# than the closest #street wall#, or portion thereof, of an existing adjacent #building# on the same or an adjoining #zoning lot# located on the same #street# frontage, that is both within 10 feet of the #street line# and within 25 feet of such #Quality Housing building#. Where such existing adjacent #building#, or portion thereof, has #street walls# located at varying depths, the #street wall# shall not be located closer to the #street line# than the furthest portion of such existing adjacent #street wall# that is at least five feet in width.
   2. (2) On #corner lots#, the #street wall# location provisions of paragraph (a)(1) shall apply along only one #street line#.
3. R6B R7B R8B
4. (b) In the districts indicated, for all #buildings#, and for #Quality Housing buildings# on #narrow streets# in R6 and R7 Districts without a letter suffix, the following shall apply:
5. 1. (1) On #zoning lots# with at least 50 feet of frontage along a #street line#, the #street wall# shall be located no closer to the #street line# than the closest #street wall#, or portion thereof, of an existing adjacent #building# on the same or an adjoining #zoning lot# located on the same #street# frontage, that is both within 15 feet of the #street line# and within 25 feet of such #Quality Housing building#. Where such existing adjacent #building#, or portion thereof, has #street walls# located at varying depths, the #street wall# shall not be located closer to the #street line# than the furthest portion of such existing adjacent #street wall# that is at least five feet in width.
   2. (2) On #zoning lots# with less than 50 feet of frontage along a #street line#, the #street wall# shall be located no closer to the #street line# than the closest #street wall#, or portion thereof, nor further from the #street line# than the furthest #street wall#, or portion thereof, of an existing adjacent #building# on the same or an adjoining #zoning lot# located on the same #street# frontage that is both within 15 feet of the #street line# and within 25 feet of such #Quality Housing building#. Where such existing adjacent #building#, or portion thereof, has #street walls# located at varying depths, the #street wall# shall not be located closer to the #street line# than the furthest portion of such existing adjacent #street wall# that is at least five feet in width.
   3. (3) On #corner lots#, the #street wall# regulations of (b)(1) or (b)(2), as applicable, shall apply along both #street# frontages, except that along one #street line# the #street wall# need not be located farther from the #street line# than five feet.
6. R8A R8X R9A R9X R10A R10X
7. (c) In the districts indicated, for all #buildings#, and for #Quality Housing buildings# in R8 or R9 Districts without a letter suffix, and in other R10 Districts, the following shall apply:
8. 1. (1) Along #wide streets# and along #narrow streets# within 50 feet of their intersection with a #wide street# the #street wall# shall extend along the entire #street# frontage of a #zoning lot#. At least 70 percent of the #aggregate width of street walls# shall be located within eight feet of the #street line# and extend to at least the minimum base height specified in Section 23-662 (Maximum height of buildings and setback regulations), or the height of the #building#, whichever is less. Up to 30 percent of the #aggregate width of street walls# may be recessed beyond eight feet of the #street line#, provided that any such recesses deeper than 10 feet along a #wide street# or 15 feet along a #narrow street# are located within an #outer court#.
   2. (2) Along #narrow streets# beyond 50 feet of their intersection with a #wide street#, at least 70 percent of the #street wall# shall be located within 15 feet of the #street line#.
9. R6 R7 R8 R9 R10
10. (d) #Street wall# articulation, including, but not limited to, window recesses and structural expression on the #building# facade, shall be permitted to project or recess beyond the #street wall# locations established in paragraphs (a), (b) or (c) of this Section, provided such articulation does not exceed a depth or projection of 12 inches. In addition, to accommodate other forms of #street wall# articulation, such as bay windows, and facade recesses, up to 50 percent of the #aggregate width of street wall#, at any level, may recess or project beyond such #street wall# location provisions of this Section, provided that no such recess or projection exceeds a depth of three feet, as measured perpendicular to the #street wall#, or portion thereof. No projection shall extend beyond the #street line#, except where encroachments into the public right-of-way are permitted by the New York City Administrative Code.

23-662
Maximum height of buildings and setback regulations

[MOVING TO SECTION 23-432 AND MODIFYING PER PROPOSAL]

R6 R7 R8 R9 R10

In the districts indicated, height and setback regulations for #Quality Housing buildings# are set forth in this Section.

The height of a #Quality Housing building# #or other structure# shall not exceed the maximum height limit specified for the applicable district set forth in paragraphs (a) or (b) of this Section, as applicable, except as specified elsewhere in this Chapter.

Basic #building# heights for #Quality Housing buildings# are set forth in paragraph (a) of this Section. Such heights may be increased in certain districts for #Quality Housing buildings# with #qualifying ground floors# pursuant to paragraph (b)(1) of this Section. For #Quality Housing buildings# with #qualifying ground floors# in R6A, R6B, R7A, R7D, R7X, R8A, R8X, R9X or R10A Districts located outside the #Manhattan Core#, supplemental ground floor provisions are set forth in paragraph (b)(2) of this Section.

A setback is required for all portions of #buildings or other structures# that exceed the maximum base height specified for the applicable district in paragraphs (a) or (b) of this Section, and shall be provided in accordance with paragraph (c) of this Section.

1. (a) Basic #building# heights
   
   Table 1 in this paragraph sets forth the minimum and maximum base height, and maximum #building# height, for #Quality Housing buildings#.

2. TABLE 1

   MINIMUM BASE HEIGHT, MAXIMUM BASE HEIGHT, AND MAXIMUM BUILDING HEIGHT - FOR CONTEXTUAL DISTRICTS

   District	Minimum Base Height (in feet)	Maximum Base Height (in feet)	Maximum Height of #Buildings or other Structures# (in feet)
   R6A	40	60	70
   R6B	30	40	50
   R7A	40	65	80
   R7B	40	65	75
   R7D	60	85	100
   R7X inside #Manhattan Core#	60	85	125
   R7X outside #Manhattan Core#	60	85	120
   R8A	60	85	120
   R8B	55	65	75
   R8X	60	85	150
   R9A1	60	105	145
   R9A2	60	95	135
   R9D	60	854	N/A3
   R9X1	105	120	170
   R9X2	60	120	160
   R10A1	125	150	210
   R10A2	60	125	185
   R10X	60	85	N/A3

3. MINIMUM BASE HEIGHT, MAXIMUM BASE HEIGHT, AND MAXIMUM BUILDING HEIGHT - FOR NON-CONTEXTUAL DISTRICTS

   District	Minimum Base Height (in feet)	Maximum Base Height (in feet)	Maximum Height of #Buildings or other Structures# (in feet)
   R62	30	45	55
   R61 inside #Manhattan Core#	40	55	65
   R61 outside #Manhattan Core#	40	65	70
   R71 inside #Manhattan Core# R72	40	65	75
   R71 outside #Manhattan Core#	40	75	80
   R82	60	85	115
   R81 inside #Manhattan Core#	60	85	120
   R81 outside #Manhattan Core#	60	95	130
   R91	60	105	145
   R92	60	95	135
   R101	125	155	210
   R102	60	125	185

4. ⁽¹⁾ For #zoning lots# or portions thereof within 100 feet of a #wide street#
5. ⁽²⁾ For #zoning lots# or portions thereof on a #narrow street# beyond 100 feet of a #wide street# or, for #zoning lots# with only #wide street# frontage, portions of such #zoning lot# beyond 100 feet of the #street line#
6. ⁽³⁾ #Buildings or other structures# may exceed a maximum base height of 85 feet in accordance with Section 23-663 (Tower regulations in R9D and R10X Districts)
7. ⁽⁴⁾ For #buildings or other structures# that front upon an elevated rail line, the maximum base height shall be 25 feet
8. (b) Special heights in certain districts for #Quality Housing buildings# with #qualifying ground floors#
9. 1. (1) Eligible buildings
      
      Table 2 in this paragraph sets forth the minimum and maximum base height, maximum #building# height, and maximum number of #stories# for #Quality Housing buildings# with #qualifying ground floors# within:
   2. 1. (i) R6 or R7 Districts without a letter suffix outside the #Manhattan Core# and within 100 feet of a #wide street#, or R8 or R10 Districts without a letter suffix within 100 feet of a #wide street#; or
      2. (ii) R6A, R6B, R7A, R7D, R7X, R8A, R8X, R9X or R10A Districts located outside the #Manhattan Core#.

   3. TABLE 2

      MINIMUM BASE HEIGHT, MAXIMUM BASE HEIGHT, MAXIMUM BUILDING HEIGHT AND MAXIMUM NUMBER OF STORIES FOR BUILDINGS IN CERTAIN DISTRICTS OUTSIDE THE MANHATTAN CORE WITH QUALIFYING GROUND FLOORS

      FOR CONTEXTUAL DISTRICTS OUTSIDE THE MANHATTAN CORE
      District	Minimum Base Height (in feet)	Maximum Base Height (in feet)	Maximum Height of #Buildings or other Structures# (in feet)	Maximum Number of #Stories#
      R6A	40	65	75	7
      R6B	30	45	55	5
      R7A	40	75	85	8
      R7D	60	85	105	10
      R7X	60	95	125	12
      R8A	60	95	125	12
      R8X	60	95	155	15
      R9X1	105	125	175	17
      R9X2	60	125	165	16
      R10A1	125	155	215	21

   4. FOR NON-CONTEXTUAL DISTRICTS
      District	Minimum Base Height (in feet)	Maximum Base Height (in feet)	Maximum Height of #Buildings or other Structures# (in feet)	Maximum Number of #Stories#
      R61 outside #Manhattan Core#	40	65	75	7
      R71 outside #Manhattan Core#	40	75	85	8
      R81 inside #Manhattan Core#	60	85	125	12
      R81 outside #Manhattan Core#	60	95	135	13
      R101	125	155	215	21

   5. ⁽¹⁾ For #zoning lots# or portions thereof within 100 feet of a #wide street#
   6. ⁽²⁾ For #zoning lots# or portions thereof on a #narrow street# beyond 100 feet of a #wide street# and, for #zoning lots# with only #wide street# frontage, portions of such #zoning lot# beyond 100 feet of the #street line#
   7. (2) Supplemental ground floor provisions for #buildings# in certain districts
      
      For #Quality Housing buildings# in R6A, R6B, R7A, R7D, R7X, R8A, R8X, R9X or R10A Districts located outside the #Manhattan Core#, supplemental ground floor provisions shall apply as follows:
   8. 1. (i) Along typical #street wall# frontages
         
         For #buildings#, or portions thereof, with a #street wall# width of 100 feet or less along a #street# frontage, #uses# on the first #story# shall comply with the ground floor #use# and depth requirements of Section 26-52. #Accessory# off-street parking spaces on the ground floor shall be wrapped in accordance with the provisions of paragraph (a) of Section 26- 54 (Parking Wrap and Screening Requirements).
      2. (ii) Along wide #street# frontages
         
         For #buildings# with a #street wall# width exceeding 100 feet along a #street# frontage, at least 100 feet of such frontage shall comply with the provisions of paragraph (b)(2)(i) of this Section. For portions in excess of 100 feet, #accessory# off-street parking spaces on the ground floor level shall be wrapped or screened in accordance with Section 26-54. However, the aggregate width of any such screening, excluding entrances and exits, shall not exceed 50 feet.
10. (c) Setback requirements
    
    For all #Quality Housing buildings#, a setback shall be provided in accordance with the following regulations:
11. 1. (1) At a height not lower than the minimum base height or higher than the maximum base height specified for the applicable district in paragraph (b) of 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#.
    2. (2) The depth of such required setback may be reduced by one foot for every foot that the #street wall# is located beyond the #street line#, but in no event shall a setback of less than seven feet in depth be provided, except as otherwise set forth in this Section. To allow #street wall# articulation, where a #street wall# is divided into different segments and located at varying depths from the #street line#, such permitted setback reduction may be applied to each #street wall# portion separately.
    3. (3) Notwithstanding the provisions of paragraph (c)(2) above, the depth of such setbacks may include the depth of recesses or #outer courts# in the #street wall# of the #building# base, provided that the aggregate width of any such recessed portion of a #street wall# with a setback less than seven feet, as applicable, does not exceed 30 percent of the #aggregate width of street wall# at any level.
    4. (4) These setback provisions are optional for any #building# wall that either is located beyond 50 feet of a #street line#, or oriented so that lines drawn perpendicular to it, in plan, would intersect a #street line# at an angle of 65 degrees or less. In the case of an irregular #street line#, the line connecting the most extreme points of intersection shall be deemed to be the #street line#. Furthermore, dormers provided in accordance with the provisions of Section 23- 621 (Permitted obstructions in certain districts) may penetrate a required setback area.
    5. (5) In R9D Districts, for #buildings or other structures# on #zoning lots# 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.

23-663
Tower regulations in R9D and R10X Districts

[MOVING TO SECTION 23-442(a) AND MODIFYING PER PROPOSAL]

R9D R10X

In the districts indicated, any #Quality Housing building# #or other structure#, or portions thereof, which in the aggregate occupies 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 23-623 (Permitted obstructions in certain districts) shall not be counted towards tower coverage. Such tower may exceed a height limit of 85 feet above the #base plane# provided the base of such tower complies with the applicable #street wall# location and height and setback provisions of Sections 23-661 and 23-662, respectively, and provided that the tower portion complies with the following, as applicable:

1. (a) at all levels, such tower shall be 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. (b) 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;
3. (c) 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 between 50 percent and 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), 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#, perpendicular to each tower face. Required setback areas may overlap; and
4. (d) 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 to, 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.

23-664
Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors

[MOVING TEXT TO SECTIONS 23-43 AND 23-434 AND MODIFYING]

R6 R7 R8 R9 R10

In the districts indicated, the provisions of this Section shall apply to #Quality Housing buildings# on #zoning lots# meeting the criteria set forth in paragraph (a) of this Section. For the purposes of this Section, defined terms include those set forth in Sections 12-10 and 23-911. Additional height and setback provisions for #compensated developments# and #MIH developments#, as defined in Section 23-911, are set forth in Sections 23-951 and 23-952, respectively.

1. (a) Eligible #buildings#
   
   The additional heights and number of #stories# permitted pursuant to this Section shall apply to:
2. 1. (1) #buildings# on #zoning lots# in R10 Districts outside of #Inclusionary Housing designated areas#, where:
   2. 1. (i) in accordance with the provisions of paragraph (a) of Section 23-154 (Inclusionary Housing), the #zoning lot# achieves a #floor area ratio# of at least 11.0; and
      2. (ii) such #zoning lot# includes a #compensated development# that contains #affordable floor area#;
   3. (2) #buildings# on #zoning lots# in #Inclusionary Housing designated areas#, where:
   4. 1. (i) 50 percent or more of the #floor area# of the #zoning lot# contains #residential uses#; and
      2. (ii) at least 20 percent of such #residential# #floor area# is #affordable floor area# provided in accordance with the provisions of paragraph (b) of Section 23-154;
   5. (3) #MIH developments# on #MIH zoning lots# that also contain #MIH sites#, where such #MIH zoning lot# contains all #affordable floor area# required for such #MIH development#; or
   6. (4) #buildings# on #zoning lots# where at least 20 percent of the #floor area# of the #zoning lot# contains #affordable independent residences for seniors#.
3. (b) For certain #Quality Housing buildings# in all applicable districts
   
   For #Quality Housing buildings# meeting the criteria of paragraph (a) of this Section, the maximum base and #building# heights and maximum number of #stories# established in Section 23-662 shall be modified by Table 1 below. Separate maximum #building# heights are set forth within the table for #Quality Housing buildings# with #qualifying ground floors# and for those with #non-qualifying ground floors#.

4. TABLE 1

   MODIFIED MAXIMUM BASE HEIGHT AND MAXIMUM BUILDING HEIGHT FOR CERTAIN QUALITY HOUSING BUILDINGS

   FOR CONTEXTUAL DISTRICTS

   District	Minimum Base Height (in feet)	Maximum Base Height (in feet)	Maximum Height for #Buildings or other Structures# with #nonqualifying ground floors# (in feet)	Maximum Height for #Buildings or other Structures# with #qualifying ground floors# (in feet)	Maximum Number of #Stories#
   R6A	40	65	80	85	8
   R7A	40	75	90	95	9
   R7D	60	95	110	115	11
   R7X1	60	105	140	145	14
   R8A	60	105	140	145	14
   R8X	60	105	170	175	17
   R9A2	60	125	170	175	17
   R9A3	60	125	160	165	16
   R9X2	105	145	200	205	20
   R9X3	60	145	190	195	19
   R10A2	125	155	230	235	23
   R10A3	60	155	210	215	21

5. FOR NON-CONTEXTUAL DISTRICTS

   District	Minimum Base Height (in feet)	Maximum Base Height (in feet)	Maximum Height for #Buildings or other Structures# with #nonqualifying ground floors# (in feet)	Maximum Height for #Buildings or other Structures# with #qualifying ground floors# (in feet)	Maximum Number of #Stories#
   R64	40	65	80	85	8
   R72	40	75	100	105	10
   R75	40	75	90	95	9
   R8	60	105	140	145	14
   R92	60	125	170	175	17
   R93	60	125	160	165	16
   R102	125	155	230	235	23
   R103	60	155	210	215	21

6. ⁽¹⁾ In R7X Districts, the modified base heights, maximum #building# heights and number of #stories# are permitted only for #buildings# on #zoning lots# meeting the criteria of paragraphs (a)(3) or (a)(4) of this Section
7. ⁽²⁾ For #zoning lots# or portions thereof within 100 feet of a #wide street#
8. ⁽³⁾ For #zoning lots# or portions thereof on a #narrow street# beyond 100 feet of a #wide street#, or for #zoning lots# with only #wide street# frontage, portions of such #zoning lot# beyond 100 feet of the #street line#
9. ⁽⁴⁾ For #buildings# meeting the criteria of paragraph (a)(4) of this Section, and #buildings# meeting the other criteria of p
10. ⁽⁵⁾ For #buildings# meeting the criteria of paragraph (a)(4) of this Section, on #zoning lots# or portions thereof on a #narrow street# beyond 100 feet of a #wide street#, and for #zoning lots# with only #wide street# frontage, portions of such #zoning lot# beyond 100 feet of the #street line#
11. (c) Alternative regulations for certain #Quality Housing buildings# in non-contextual districts
    
    For #Quality Housing buildings# in R6 through R8 Districts without a letter suffix and in an R9-1 District, the #street wall# location provisions of Sections 23-661 and the height and setback provisions of Section 23-662 and paragraph (b) of this Section need not apply to:
12. 1. (1) #buildings# on #MIH zoning lots# meeting the criteria of paragraph (a)(3) of this Section:
    2. (2) #buildings# on #zoning lots# containing an #affordable independent residence for seniors# meeting the criteria of paragraph (a)(4) of this Section, where such #zoning lot# is located within 150 feet of the following types of transportation infrastructure:
    3. 1. (i) an elevated rail line;
       2. (ii) an open railroad right of way;
       3. (iii) a limited-access expressway, freeway, parkway or highway, all of which prohibit direct vehicular access to adjoining land; or
       4. (iv) an elevated #street# located on a bridge that prohibits direct vehicular access.
       5. Such 150-foot measurement shall be measured perpendicular from the edge of such infrastructure.
    4. In lieu thereof, the height of a #building or other structure#, or portion thereof, within 10 feet of a #wide street# or 15 feet of a #narrow street#, shall not exceed the maximum base height specified for the applicable zoning district in Table 2 below. Beyond 10 feet of a #wide street# and 15 feet of a #narrow street#, the height of the #building or other structure# shall not exceed the maximum #building# height specified for the applicable district in the table, or the maximum number of #stories#, whichever is less.

    5. TABLE 2

       ALTERNATIVE MAXIMUM BASE HEIGHT AND MAXIMUM BUILDING HEIGHT FOR CERTAIN QUALITY HOUSING BUILDINGS IN NON-CONTEXTUAL DISTRICTS

       District	Maximum Base Height (in feet)	Maximum Height of #Buildings or other Structures# (in feet)	Maximum Number of #Stories#
       R6	65	115	11
       R7	75	135	13
       R8	105	215	21
       R9-1	125	285	28

23-665
Additional regulations

[MOVING TO SECTION 23-437 AND MODIFYING PER PROPOSAL]

R6 R7 R8 R9 R10

In the districts indicated, for all #Quality Housing buildings#, the following additional regulations shall apply:

1. (a) Existing #buildings# may be vertically #enlarged# by up to one #story# or 15 feet without regard to the #street wall# location requirements of Section 23-661.
2. (b) On #through lots# which extend less than 180 feet in maximum depth from #street# to #street#, the #street wall# location requirements of Section 23-661 shall be mandatory along only one #street# frontage.
3. (c) The #street wall# location and minimum base height provisions of Sections 23-661 and 23-662, respectively, shall not apply along any #street# frontage of a #zoning lot# occupied by #buildings# whose #street wall# heights or widths will remain unaltered.
4. (d) The minimum base height provisions of Section 23-662 shall not apply to #buildings# #developed# or #enlarged# after February 2, 2011, that do not exceed such minimum base heights, except where such #buildings# are located on #zoning lots# with multiple #buildings#, one or more of which is #developed#, #enlarged# or altered after February 2, 2011, to a height exceeding such minimum base heights.
5. (e) The City Planning Commission may, upon application, authorize modifications in the required #street wall# location if the Commission finds that existing #buildings#, or existing open areas serving existing #buildings# to remain on the #zoning lot#, would be adversely affected by the location of the #street walls# in the manner prescribed in Section 23-661.
6. (f) For any #zoning lot# located in a Historic District designated by the Landmarks Preservation Commission, the #street wall# location and minimum base height regulations of Sections 23-661 and 23-662, respectively, or as modified in any applicable Special District, shall be modified as follows:
7. 1. (1) The minimum base height of a #street wall# may vary between the height of the #street wall# of an adjacent #building# before setback, if such height is lower than the minimum base height required, up to the minimum base height requirements of Section 23-661, or as modified in any applicable Special District.
   2. (2) The maximum base height of a #street wall# may vary between the height of the #street wall# of an adjacent #building# before setback, if such height is higher than the maximum base height allowed, and the maximum base height requirements of this Section, provided that such height not exceed 150 feet and provided such #zoning lot# is located within the area bounded by West 22nd Street, a line 100 feet west of Fifth Avenue, a line midway between West 16th Street and West 17th Street, and a line 100 feet east of Sixth Avenue.
   3. (3) The location of the #street wall# of any #building# may vary between the #street wall# location requirements of Section 23-661, or as modified in any applicable Special District, and the location of the #street wall# of an adjacent #building# fronting on the same #street line#.
8. (g) 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).
9. (h) For the purposes of applying the #street wall# location as well as the height and setback provisions of Sections 23-661 and 23-662, respectively, where the Administrative Code establishes restrictions on the location of #buildings# on lots fronting upon and within 30 feet of Eastern Parkway in Community Districts 8 and 9 in the Borough of Brooklyn, lines drawn 30 feet north of and 30 feet south of, and parallel to, Eastern Parkway shall be considered the northern and southern #street lines# of Eastern Parkway.

23-67
Special Height and Setback Provisions for Certain Areas

23-671
Special provisions for zoning lots directly adjoining public parks

[MOVING TEXT TO SECTION 23-444(a) AND MODIFYING]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, a #public park# with an area of between one and 15 acres shall be considered a #wide street# for the purpose of applying the regulations set forth in Sections 23-63 (Height and Setback in R1 Through R5 Districts), 23-64 (Basic Height and Setback Requirements) and 23-66 (Height and Setback Requirements for Quality Housing Buildings) to any #building or other structure# on a #zoning lot# adjoining such #public park#. However, the provisions of this Section shall not apply to a #public park# more than 75 percent of which is paved.

23-672
Special height and setback regulations in R10 Districts within Community District 7, Borough of Manhattan

[REMOVING TEXT]

Within the boundaries of Community District 7 in the Borough of Manhattan, all #buildings or other structures# located in R10 Districts, except R10A or R10X Districts, utilizing the basic height and setback requirements of Section 23-64 (Basic Height and Setback Requirements), shall also comply with the provisions of this Section.

The front #building# wall of all #buildings# on a #zoning lot# with any frontage on a #wide street#, shall extend along the entire #wide street# frontage of the #zoning lot# without a setback for a height of 125 feet above the #curb level# or the full height of the #building#, whichever is less. Above a height of 125 feet, the front #building# wall may be set back at least 10 feet on a #wide street# or 15 feet on a #narrow street#. Above a height of 150 feet, the front #building# wall shall be set back at least 10 feet. These mandatory front #building# wall requirements also apply to all #buildings# along all #street lines# of #narrow streets# within 50 feet of their intersection with the #street lines# of #wide streets#. For the next 20 feet along the #street line# of a #narrow street#, the mandatory front #building# wall requirements are optional. The height and setback regulations of the underlying district shall apply along #street lines#, or portions thereof, not subject to the front #building# wall requirements.

Front wall recesses are permitted above the level of the second #story# ceiling or 23 feet above #curb level#, whichever is less, provided that the aggregate width of all recesses at the level of any #story# does not exceed 50 percent of the width of the front wall. The depth of such recess shall not exceed 10 feet. No front wall recesses are permitted within 20 feet of the intersection of two #street lines#.

Front wall openings are permitted below the level of the second #story# ceiling, for entrances only.

The preceding #street wall# location provisions shall not apply along any #street# frontage of a #zoning lot# occupied by existing #buildings# whose #street walls# remain unaffected by alterations or #enlargements# to such existing #buildings#.

However, the provisions of this Section shall not apply to any #building# for which the City Planning Commission has granted a special permit pursuant to Section 74-95 (Modifications of Housing Quality Special Permits) nor shall it apply to any #building# located within the #Special Lincoln Square District# or within the former West Side Urban Renewal Area, excluding frontages along Central Park West or to the #block# bounded by Frederick Douglass Circle, Cathedral Parkway, Manhattan Avenue, West 109th Street and Central Park West. On application, the Commission may grant special authorization for minor modifications of the mandatory front wall provisions of this Section involving an #enlargement#, upon a showing of compelling necessity. Such authorization, however, may in no event include modification of permitted #floor area# regulations.

23-673
Special bulk regulations for certain sites in Community District 4, Borough of Manhattan

Within the boundaries of Community District 4 in the Borough of Manhattan, excluding the #Special Clinton District#, for #developments# or #enlargements# in R8 Districts without a letter suffix, on #zoning lots# larger than 1.5 acres that include #residences# for which #public funding#, as defined in Section 23-911 (General definitions) is committed to be provided, the City Planning Commission may authorize modifications of height and setback regulations, provided the Commission finds that such modifications will facilitate the provision of such #residences#, and such modifications will not unduly obstruct access of light and air to the detriment of the occupants or users of #buildings# on the #zoning lot# or nearby properties, #open space# or #streets#. Prior to issuing a building permit for any #development# or #enlargement# utilizing modifications granted by this authorization, the Department of Buildings shall be furnished with written notice of a commitment from the appropriate funding agency for the provision of such #public funding#.

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

23-674
Special height and setback regulations for certain sites in Community District 9, Borough of Manhattan

[MOVING TEXT TO SECTION 23-443(a)]

Within the boundaries of Community District 9 in the Borough of Manhattan, all #buildings# located in R8 Districts north of West 125th Street shall be #developed# or #enlarged# pursuant to the Quality Housing Program. The underlying #bulk# regulations for #Quality Housing buildings# shall apply, except as follows:

1. (a) the maximum height of a #building or other structure# set forth in Section 23-662 shall be modified so that the maximum height of a #building or other structure#, or portion thereof, within 100 feet of a #wide street# shall be 120 feet, and the maximum height of a #building or other structure#, or portion thereof, on a #narrow street# beyond 100 feet of a #wide street# shall be 105 feet; and
2. (b) the alternate height and setback regulations for certain #Quality Housing buildings# in non-contextual districts, as set forth in paragraph (c) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors) shall not apply to #buildings# on #zoning lots# meeting the criteria set forth in paragraph (a) of Section 23-664.

23-675
Provisions for certain R10 Districts within Community District 6 in the Borough of Manhattan

[MOVING TEXT TO SECTION 23-443(a)(2)]

In Community District 6 in the Borough of Manhattan, for #buildings developed# or #enlarged# with towers in R10 Districts located east of First Avenue and north of East 51st Street, the tower provisions of paragraph (a) of Section 23-65 (Tower Regulations) shall be modified to require that the tower-on-a-base provisions of Section 23-651 apply to all #buildings# where more than 25 percent of the total #floor area# of the #building# is allocated to #residential uses#. However, for #zoning lots# with #narrow street# frontages, such provisions shall be modified in accordance with the provisions of this Section.

1. (a) Tower modifications
   
   The tower regulations of paragraph (a) of Section 23-651 shall be modified as follows:
2. 1. (1) For #buildings# that do not meet the location criteria of paragraph (a)(2) of Section 23-65, the provisions of paragraph (a)(3) of Section 23-651 shall be modified to require at least 45 percent of the total #floor area# permitted on the #zoning lot# to be located in #stories# located either partially or entirely below a height of 150 feet. In addition, when the #lot coverage# of the tower is less than 40 percent, the required 45 percent of the total #floor area# distribution, within a height of 150 feet, shall be increased in accordance with the following requirement:

   2. Percent of #lot coverage# of the tower portion	Minimum percent of total #building floor area# distribution below the level of 150 feet
      40.0 or greater	45.0
      39.0 to 39.9	45.5
      38.0 to 38.9	46.0
      37.0 to 37.9	46.5
      36.0 to 36.9	47.0
      35.0 to 35.9	47.5
      34.0 to 34.9	48.0
      33.0 to 33.9	48.5
      32.0 to 32.9	49.0
      31.0 to 31.9	49.5
      30.0 to 30.9	50.0

   3. (2) For #buildings# that do not meet the location criteria of paragraph (a)(2) of Section 23-65, the tower setback provisions of paragraph (a)(4) of Section 23-651 shall be modified to permit such required setback along a #narrow street# to be reduced by one foot for every foot that the #street wall# is located beyond the #street line#. However, in no event shall a setback of less than seven feet in depth be provided.
   4. (3) The tower location restrictions of paragraph (a)(5) of Section 23-651 shall not apply. In lieu thereof, towers shall be permitted on a #narrow street# beyond 100 feet of its intersection with a #wide street#.
   5. (4) For the purposes of determining the permitted tower coverage and the required minimum distance between #buildings# or portions thereof on #zoning lots# with both #narrow street# and #wide street# frontage, that portion of a #zoning lot# located either within 125 feet from the #wide street# frontage along the short dimension of a #block# or within 100 feet from the #wide street# frontage along the long dimension of a #block#, shall be treated as a separate #zoning lot# from that portion beyond, with frontage along a #narrow street#.
3. (b) #Building# base modifications
   
   The #building# base regulations of paragraph (b) of Section 23-651 shall be modified as follows:
4. 1. (1) For #buildings#, or portions thereof, fronting on a #narrow street# beyond 125 feet of its intersection with a #wide street#, the #street wall# location provisions of paragraph (b)(1)(ii) of Section 23-651 shall be modified to require that at least 70 percent of the #aggregate width of street walls# in the #building# base be located within eight feet of the #street line#.
   2. (2) For #buildings#, or portions thereof, fronting on a #narrow street# beyond 100 feet of its intersection with a #wide street#, the height of #street wall# provisions of paragraph (b)(2)(ii) of Section 23-651 shall be modified so that where the height of an adjacent #building# is between 60 feet and 85 feet, one of the three matching alternatives set forth in paragraphs (b)(2)(i)(a) through (b)(2)(i)(c) shall be applied.
   3. (3) The dormer provisions of paragraph (b)(3) of Section 23-651 shall be modified to permit dormers on #narrow streets# beyond 70 feet of its intersection with a #wide street#.

23-68
Special Provisions for Zoning Lots Divided by District Boundaries

[MOVING TEXT (WITH PROVISIONS OF SECTIONS 23-18, 23-26, 23-34, 23-55) TO 23-03 AND CONSOLIDATING AS A SINGLE RULE]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, whenever a #zoning lot# is divided by a boundary between districts, or is subject to other regulations resulting in different height and setback regulations, or whenever a #zoning lot# is divided by a boundary between a district to which the provisions of Section 23-65 (Tower Regulations) apply and a district to which such provisions do not apply, the provisions set forth in Article VII, Chapter 7, shall apply.

23-69
Special Height Limitations

23-691
Limited Height Districts

[MOVING TEXT TO SECTION 23-444, AND MODIFYING, SO THAT HEIGHT LIMITS OF THE UNDERLYING WILL APPLY ]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, wherever such districts are located within a #Limited Height District#, the maximum height of a #building or other structure#, or portion thereof, shall be as shown in the following table:

#Limited Height District#	Maximum Height above #Curb Level# or #Base Plane#, as Applicable
LH-1	50 feet
LH-1A	60 feet
LH-2	70 feet
LH-3	100 feet

23-692
Height limitations for narrow buildings or enlargements

[MOVING TO 23-724, AND MODIFYING]

R7-2 R7D R7X R8 R9 R10

In the districts indicated, portions of #buildings# with #street walls# less than 45 feet in width shall not be permitted above the following heights:

1. (a) For #interior lots#, and for #through lots#, which shall be treated as two separate #interior lots# of equal depth for the purposes of determining the height limitations of this Section, a height equal to the width of the #street# on which such #street walls# front or 100 feet, whichever is less;
2. (b) For #corner lots# bounded by only #narrow streets#, a height equal to the width of the narrowest of such #streets# on which such #street walls# front;
3. (c) For #corner lots# bounded by at least one #wide street#, a height equal to the width of the #widest street# on which it fronts, or 100 feet, whichever is less;
4. (d) The heights permitted in paragraphs (a), (b) or (c) of this Section may be exceeded if:
5. 1. (1) on a #wide street#, such portion of a #building# with a #street wall# less than 45 feet in width #abuts# an existing #building# with a #street wall# that exceeds such permitted heights. Such new #street walls# may reach the height of such #abutting building# or, where there are two #abutting# #buildings# that exceed such heights, such new #street wall# may reach the height of the tallest of such #abutting# #buildings#; or
   2. (2) on a #narrow street#, such #street walls# #abut# two existing #buildings# with #street walls# that both exceed the heights permitted. Such new #street walls# may reach the height of the lowest of such #abutting buildings#; and
   3. (3) such new #street walls# shall be fully contiguous at every level with such #abutting# #street walls#.
6. (e) In addition, the following rules shall apply:
7. 1. (1) The front height and setback regulations and any height limitations of the underlying district shall apply, except that the alternate front setback and tower regulations of Sections 23-642, 23-65, 24-53, 24-54, 33-44 and 33-45 shall not apply. In the event of a conflict between the underlying regulations and the regulations of this Section, the more restrictive shall apply.
   2. (2) The provisions of this Section shall not apply to #street walls# of permitted obstructions or #street walls# located beyond 100 feet of a #street line#.
   3. (3) For the purposes of determining the width of a #street wall# :
   4. 1. (i) the width shall be the sum of the maximum widths of all #street walls# of a #building# at every level. The width of a #street wall# shall be the length of the #street line# from which, when viewed directly from above, lines perpendicular to the #street line# may be drawn to such #street wall#;
      2. (ii) #abutting# #buildings# on a single #zoning lot# may be considered a single #building#, except as set forth in paragraph (e)(6) of this Section.
   5. (4) For #buildings# with #street walls# less than 45 feet in width that front only on a #narrow street# and #abut# two existing #buildings#, the #street wall# of such #building# shall be no closer to the #street line# than the #street wall# of the #abutting building# that is closest to the #street line#.
   6. (5) On a #through lot# containing #buildings# with #street walls# less than 45 feet in width, the provisions of paragraphs (b) and (c) in Section 23-532 (Required rear yard equivalents) shall not apply.
   7. (6) #Quality Housing buildings# shall be exempt from the provisions of this Section provided the width of the #street wall# at the maximum base height required by Sections 23-66 or 35-65 is at least 45 feet. For such #buildings#, a #street wall# that is less than 45 feet wide may be constructed above such base. For the purposes of this paragraph (e)(6), #abutting# #buildings# on a single #zoning lot# shall not be considered a single #building#. However, where all the requisite structural framing and all enclosing walls and roofs were completed for an #enlargement#, in accordance with a building permit issued prior to a September 11, 2007, Board of Standards and Appeals ruling (67-07-A) that resulted in the #enlargement# being ineligible for a certificate of occupancy, #abutting# #buildings# on a single #zoning lot# may be considered a single #building# provided such #zoning lot# is formed prior to August 2, 2011.

23-693
Special provisions applying adjacent to R1 through R6B Districts

[REMOVING, PER PROPOSAL]

R6 R7 R8 R9 R10

In the districts indicated, within 25 feet of an R1 through R5 District or an R6B District, the height of a #development# or #enlargement# of a #building#, or portions thereof, shall not exceed the height set forth in the table below for the applicable district.

	Height permitted within 25 feet of
District	R1 through R5 District, other than R5D District (in feet)	R5D or R6B District (in feet)
R6 R6A R71 R7B R8B	45	55
R72 R7A R7D	55	65
R7X R8 R8A R8X R9 R10	65	65

1. ⁽¹⁾ For #zoning lots# or portions thereof on a #narrow street# beyond 100 feet of a #wide street# and, for #zoning lots# with only #wide street# frontage, portions of such #zoning lot# beyond 100 feet of the #street line#
2. ^(b) For #zoning lots# or portions thereof within 100 feet of a #wide street#

23-60
ADDITIONAL DESIGN ELEMENTS

23-61
Street trees and planting

23-611
Street Tree Planting

[MOVING TEXT FROM SECTION 23-03, AND MODIFYING]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In all districts, as indicated, the following shall provide #street# trees in accordance with Section 26-41 (Street Tree Planting):

1. (a) #developments#, or #enlargements# that increase the #floor area# on a #zoning lot# by 20 percent or more. However, #street# trees shall not be required for #enlargements# of #single-# or #two-family# #residences#;
2. (b) #conversions# of 20 percent or more of the #floor area# of a #building# to a #residential use#; or
3. (c) construction of a detached garage that is 400 square feet or greater.

23-612
Planting Strips in Residence Districts

[MOVING TEXT FROM SECTION 23-04, AND MODIFYING]

R1 R2 R3 R4 R5

In the districts indicated, the following shall provide and maintain a planting strip in accordance with Section 26-42:

1. (a) #developments#, or #enlargements# that increase the #floor area# on a #zoning lot# by 20 percent or more. However, planting strips shall not be required for #enlargements# of #single-# or #two-family# #residences#;
2. (b) #conversions# of 20 percent or more of the #floor area# of a #building# to a #residential use#; or
3. (c) construction of a detached garage that is 400 square feet or greater.

23-613
Front Yard Planting Requirements

[MOVING TEXT FROM SECTIONS 23-451, 23-892, AND 28-23 AND MODIFYING]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, the area of the #zoning lot# between the #street line# and all #street walls# of the #building# and their prolongations shall be planted at ground level, or in raised planting beds that are permanently affixed to the ground, except that such plantings shall not be required at the entrances to and exits from the #building#, within driveways accessing off-street parking spaces located within, to the side, or rear of such #building#, in any area where there is a #permitted obstruction#.

Planted areas shall be comprised of any combination of grass, groundcover, shrubs, trees or other living plant material, and shall have a minimum dimension of one foot, exclusive of any bounding walls.

No #zoning lot# shall be altered in any way that will either create a new #non-compliance# or increase the degree of #non-compliance# with the provisions of this Section.

23-62
Balconies

[RELOCATING TEXT FROM SECTION 23-13 AND MODIFYING]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12

In the districts indicated, balconies may project into or over any open areas not occupied by #buildings#, whether required or not, provided that such balcony shall:

1. (a) not project by more than one third of the depth of such areas specified above, or a distance greater than seven feet, whichever is less, as measured from the plane surface of the #building# wall from which it projects;
2. (b) not cover more than 10 percent of any open area required pursuant to Section 23-30, inclusive, or any outdoor recreation space provided pursuant to Section 23-63;
3. (c) be unenclosed except for #building walls# and parapets, railings, or safety guards, provided that:
4. 1. (1) parapets shall not exceed four feet in height;
   2. (2) railings shall not exceed 4 feet, 6 inches in height and shall be at least 50 percent open; and
   3. (3) safety guards shall not exceed 10 feet in height and shall be at least 90 percent transparent materials for the portion that exceeds four feet in height. In addition, where such balcony has a roofed portion above it, there shall be an opening that is not less than 40 percent of the height between the bottom of the roof and the finished floor level of such balcony.
   4. However, such balconies may be recessed into a #building# wall up to a maximum depth of six feet provided that at least 33 percent of the perimeter of such balcony is unenclosed except for a parapet, railing, or safety guard;
5. (d) be located at least 13 feet above #curb level#, except that for #buildings# containing #residences# not more than 35 feet in height, such balcony may be located at or higher than the floor level of the second #story# provided that such balcony is located not lower than seven feet above #curb level# or seven feet above natural grade, whichever is higher; and
6. (e) have an aggregate width, at the level of any #story#, not exceeding 50 percent of the width at that level of the plane surface of the #building# wall from which it projects.

23-63
Required recreation space in multi-family buildings

[MOVING TEXT FROM SECTION 28-21 AND MODIFYING]

All #developments# with nine or more #dwelling units#, and #enlargements#, #extensions# or #conversions#, that result in nine or more #dwelling units#, shall provide recreation space in accordance with this Section.

The amount of recreation space required shall be equivalent to a minimum of three percent of the Commented [Z146]: The Proposal would subject all residential buildings with at least 9 units to a recreation space requirement similar to those for quality housing buildings today. The space can be located inside or outside and can be exempted from floor area. Height factor buildings would not have to comply with this provision. #residential floor area# of the #building# shall be provided. Such space may be provided indoors or outdoors, singly or in combination.

Additionally, such recreation space shall comply with the following standards:

1. (a) all recreation space shall be accessible to the residents of the #building#;
2. (b) the minimum dimension of any recreation space, in any direction, whether indoor or outdoor, shall be 15 feet;
3. (c) any outdoor recreation space shall be open to the sky except that #building# projections, not to exceed seven feet in depth, may cover up to 10 percent of the outdoor recreation space, provided that the lowest level of the projection is at least 10 feet above the level of the outdoor recreation space; and
4. (d) Any indoor recreation room shall have at least one exterior wall with windows, or ceiling with skylights, that measures not less than 9.5 percent of the total floor space of the room.

23-70
MINIMUM REQUIRED DISTANCE BETWEEN TWO OR MORE BUILDINGS ON A SINGLE ZONING LOT

23-71
Minimum Distance Between Buildings on a Single Zoning Lot

[MOVING RULES TO SECTION 23-371, PER PROPOSAL]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the minimum distance between the portion of a #building# containing #residences# and any other #building# on the same #zoning lot# shall be as provided in this Section. For the purposes of this Section, #abutting# #buildings# on a single #zoning lot# may be considered a single #building#.

However, these provisions do not apply:

1. (a) to the extent that such two #buildings# are separated from each other by a #rear yard equivalent# as set forth in Section 23-532 (Required rear yard equivalents) or 23-533 (Required rear yard equivalents for Quality Housing buildings), as applicable; or
2. (b) to space between a #single-family#, #two-family#, or three-family #residence# and a garage #accessory# thereto.

23-711
Standard minimum distance between buildings

[MOVING RULES TO SECTION 23-371, CONSOLIDATING (WITH SECTION CURRENT 23-82) AND UPDATING, PER PROPOSAL]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the required minimum distance between the portion of a #building# containing #dwelling units# and any other #building# on the same #zoning lot# shall vary according to the height of such #buildings# and the presence of #legally required windows# in facing #building# walls. Such minimum distance shall be, in feet, as indicated in the following table:

	Maximum #Building# Height above #Base Plane# or #Curb Level#, as Applicable (in feet)
	25	35	40	50	Over 50
Wall to Wall	20	25	30	35	40
Wall to Window	30	35	40	45	50
Window to Window	40	45	50	55	60

1. (*) Wall condition shall be defined as:
2. 1. "wall to wall" is a condition where two walls of #buildings# face each other, and neither wall contains a #legally required window#;
   2. "wall to window" is a condition where two walls of #buildings# face each other, and one wall contains a #legally required window# and the other wall does not contain a #legally required window#;
   3. "window to window" is a condition where two walls of #buildings# face each other, and both walls contain a #legally required window#.

In addition, the following rules shall apply:

1. (a) the minimum distances set forth in this table shall be provided at the closest point between #buildings#;
2. (b) any portion of a #building# that qualifies as a #building segment# may be treated as a separate #building# for the purposes of determining the minimum distance required between such #building segment# and another #building# or #building segment#;
3. (c) where #buildings# of different heights face each other, the average of the heights of such #buildings# shall determine the minimum distance required between them;
4. (d) projections having a maximum height of 25 feet above adjoining grade, a maximum depth of five feet, and an aggregate width not exceeding 25 percent of the #building# wall from which they project, may penetrate the minimum spacing requirements;
5. (e) portions of #buildings# above 125 feet that exceed, in aggregate, a #lot coverage# of 40 percent, shall be spaced at least 80 feet apart;
6. (f) in R1, R2, R3, R4A and R4-1 Districts within #lower density growth management areas#, the provisions of this paragraph, (f), shall apply to any #zoning lot# with two or more #buildings# where at least 75 percent of the #floor area# of one #building# is located beyond 50 feet of a #street line# and the #private road# provisions do not apply. For the purposes of this paragraph, any #building# containing #residences# with no #building# containing #residences# located between it and the #street line# so that lines drawn perpendicular to the #street line# do not intersect any other #building# containing #residences# shall be considered a “front building,” and any #building# containing #residences# with at least 75 percent of its #floor area# located beyond the #rear wall line#, or prolongation thereof, of a “front building” shall be considered a “rear building.” The minimum distances set forth in the table in this Section shall apply, except that a minimum distance of 45 feet shall be provided between any such front and rear #buildings#; and
7. (g) the obstructions permitted for any #yard# set forth in paragraph (a) of Section 23-441 (General permitted obstruction allowances), shall be permitted in such minimum distance.

23-72
Subdivision of a Zoning Lot After Development

[REMOVING REDUNDANT TEXT]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts as indicated, after any portion of a #zoning lot# has been #developed# under the provisions of Section 23-71 (Minimum Distance Between Buildings on a Single Zoning Lot), such #zoning lot# may be divided into smaller #zoning lots# only if each resulting #zoning lot# and #building# or #buildings# thereon comply with all the #bulk# regulations of the district in which they are located, except as provided in Article VII, Chapter 8.

23-70
SPECIAL RULES FOR HEIGHT FACTOR BUILDINGS

In R6 through R9 Districts without a letter suffix, option provisions for #height factor buildings# are set forth in this Section, inclusive.

23-71
Special Open Space and Floor Area Ratios for Height Factor Buildings

[NEW INTRO TEXT]

For #height factor buildings#, the maximum #floor area ratio# shall be as set forth in this Section, inclusive, for the particular #height factor# and minimum #open space ratio#. In no event shall the basic #floor area ratios#, and the modified #floor area ratios# for #qualifying affordable housing# or #qualifying senior housing# set forth in Section 23-22 (Floor Area Regulations for R6 Through R12 Districts) apply to #height factor buildings#.

The minimum #open space# required through the application of a minimum #open space ratio# shall be applied in conjunction with the applicable regulations of Section 23-30 (YARDS, COURTS AND OTHER OPEN AREA REGULATIONS). The obstructions set forth in Section 23-311 shall per permitted in required #open space#.

23-711
Basic regulations

[MOVING TEXT FROM SECTION 23-151]

R6 R7 R8 R9

In the districts indicated without a letter suffix, the minimum required #open space ratio# and the maximum #floor area ratio# for any #zoning lot# shall be determined by the #height factor# of such #zoning lot# as set forth in this Section.

MINIMUM REQUIRED OPEN SPACE RATIO AND MAXIMUM FLOOR AREA RATIO

R6 through R9 Districts

For #zoning lots# with a #height factor# of	In R6 Districts		In R7 Districts		In R8 Districts		In R9 Districts
	Min. Req. #Open Space Ratio#	Max. #Floor Area Ratio#	Min. Req. #Open Space Ratio#	Max. #Floor Area Ratio#	Min. Req. #Open Space Ratio#	Max. #Floor Area Ratio#	Min. Req. #Open Space Ratio#	Max. #Floor Area Ratio#
1	27.5	0.78	15.5	0.87	5.9	0.94	1.0	0.99
2	28.0	1.28	16.0	1.52	6.2	1.78	1.4	1.95
3	28.5	1.62	16.5	2.01	6.5	2.51	1.8	2.85
4	29.0	1.85	17.0	2.38	6.8	3.14	2.2	3.68
5	29.5	2.02	17.5	2.67	7.1	3.69	2.6	4.42
6	30.0	2.14	18.0	2.88	7.4	4.15	3.0	5.08
7	30.5	2.23	18.5	3.05	7.7	4.55	3.4	5.65
8	31.0	2.30	19.0	3.17	8.0	4.88	3.8	6.13
9	31.5	2.35	19.5	3.27	8.3	5.15	4.2	6.54
10	32.0	2.38	20.0	3.33	8.6	5.38	4.6	6.85
11	32.5	2.40	20.5	3.38	8.9	5.56	5.0	7.09
12	33.0	2.42	21.0	3.41	9.2	5.71	5.4	7.30
13	33.5	2.43	21.5	3.42	9.5	5.81	5.8	7.41
14	34.0	2.43	22.0	3.44	9.8	5.92	6.2	7.52
15	34.5	2.43	22.5	3.42	10.1	5.95	6.6	7.52
16	35.0	2.42	23.0	3.41	10.4	5.99	7.0	7.52
17	35.5	2.42	23.5	3.40	10.7	6.02	7.4	7.52
18	36.0	2.40	24.0	3.38	11.0	6.02	7.8	7.46
19	36.5	2.39	24.5	3.36	11.3	6.02	8.2	7.41
20	37.0	2.38	25.0	3.33	11.6	6.02	8.6	7.35
21	37.5	2.36	25.5	3.30	11.9	5.99	9.0	7.25

23-712
Additional regulations for tall buildings

[MOVING TEXT FROM SECTION 23-151]

For #zoning lots# with #height factors# greater than 21, the minimum required #open space ratio# shall be as set forth in the following table:

OPEN SPACE RATIO FOR HIGH BUILDINGS

District	Minimum Required Open Space Ratio at Height Factor of 21	Additional Required Open Space Ratio for each Additional Height Factor
R6	37.5	0.5
R7	25.5	0.5
R8	11.9	0.3
R9	9.0	0.4

For these #zoning lots#, the maximum #floor area ratio# shall be such as can be attained at the required #open space ratio# for the #height factor#.*

1. The #floor area ratio# attainable at a given #height factor# and a given #open space ratio# may be computed from the following formula:

1	=	O.S.R.	+	1
F.A.R.		100		H.F

23-72
Special Height and Setback Regulations for Height Factor Buildings

For #height factor buildings#, the height and setback regulations shall be as set forth in this Section, inclusive. #Buildings# may elect to utilize the front setback provisions of Section 23- 721 or the alternate front setback provisions of Section 23-722. In R9 Districts not subject to the tower-on-a-base provisions of paragraph (b) of Section 23-442, towers may penetrate a #sky exposure plane# pursuant to Section 23-723. Notwithstanding the preceding, for narrow #buildings#, the provisions of Section 23-724 shall apply.

23-721
Front setbacks

[MOVING TEXT FROM SECTION 23-641]

R6 R7 R8 R9

In the districts indicated without a letter suffix, if the front wall or other portion of a #building or other structure# is located at the #street line# or within the #initial setback distance# set forth in the following table, the height of such front wall or other portion of a #building or other structure# shall not exceed the maximum height above the #street line# set forth in the table. Above such specified maximum height and beyond the #initial setback distance#, the #building or other structure# shall not penetrate the #sky exposure plane# set forth in the table, except as otherwise provided in Sections 23-41 (Permitted Obstructions) or 23-723 (Tower regulations).

MAXIMUM HEIGHT OF FRONT WALL AND REQUIRED FRONT SETBACKS

#Initial Setback Distance# (in feet)		Maximum Height of a Front Wall or other portion of a #Building or Other Structure# within the #Initial Setback Distance#	#Sky Exposure Plane#
			Height above #Street Line# (in feet)	Slope over #Zoning Lot# (expressed as a ratio of vertical distance to horizontal distance)
				On #Narrow Street#		On #Wide Street#
On #Narrow Street#	On #Wide Street#			Vertical Distance	Horizontal Distance	Vertical Distance	Horizontal Distance
R6 or R7 Districts
20	15	60 feet or six #stories#, whichever is less	60	2.7	to 1	56	to 1
R8 or R9 Districts
20	15	85 feet or nine #stories#, whichever is less	85	2.7	to 1	56	to 1

1. 
   
   
   
   
   SKY EXPOSURE PLANE
   R6 R7 R8 R9 Districts
   
   

23-722
Alternative front setbacks

[MOVING TEXT FROM SECTION 23-642]

R6 R7 R8 R9

In the districts indicated without a letter suffix, if an open area is provided along the entire length of the #front lot line# with the minimum depth set forth in the table in this Section, the provisions of this Section may apply in lieu of the provisions of Section 23-721 (Front setbacks). The #building or other structure# shall not penetrate the #sky exposure plane# set forth in the table, except as otherwise provided in Sections 23-41 (Permitted Obstructions) or 23-723 (Tower regulations).

In R9 Districts, the provisions of this Section shall be inapplicable to any #development# or #enlargement# with more than 25 percent of the total #floor area# of the #building# in #residential use#.

ALTERNATE REQUIRED FRONT SETBACKS

Depth of Optional Front Open Area (in feet, measured perpendicular to #street line#)		Alternate #Sky Exposure Plane#
		Height above #Street Line# (in feet).	Slope over #Zoning Lot# (expressed as a ratio of vertical distance to horizontal distance)
			On #Narrow Street#		On #Wide Street#
On #Narrow Street#	On #Wide Street#		Vertical Distance	Horizontal Distance	Vertical Distance	Horizontal Distance
R6 or R7 Districts
15	10	60	3.7	to 1	7.6	to 1
R8 R9 or R10 Districts
15	10	85	3.7	to 1	7.6	to 1

>
1. 
   
   
   
   
   SKY EXPOSURE PLANE
   R6 R7 R8 R9 Districts
   
   

23-722
Tower regulations

[ADAPTING FROM SECTION 23-45. MODIFYING PER PROPOSAL]

In R9 Districts, a tower may penetrate a #sky exposure plane# provided that such tower complies with the maximum coverages set forth in Section 23-436, and further provided that such tower is set back at least 10 feet from a #street line# along a #wide street# and at least 15 feet from a #street line# along a #narrow street#.

23-723
Height limitations for narrow buildings

[MOVING FROM SECTION 23-692]

R7-2 R8 R9

In the districts indicated, portions of #buildings# with #street walls# less than 45 feet in width shall not be permitted above the following heights:

1. (a) For #interior lots#, and for #through lots#, which shall be treated as two separate #interior lots# of equal depth for the purposes of determining the height limitations of this Section, a height equal to the width of the #street# on which such #street walls# front or 100 feet, whichever is less;
2. (b) For #corner lots# bounded by only #narrow streets#, a height equal to the width of the narrowest of such #streets# on which such #street walls# front;
3. (c) For #corner lots# bounded by at least one #wide street#, a height equal to the width of the #widest street# on which it fronts, or 100 feet, whichever is less;
4. (d) The heights permitted in paragraphs (a), (b) or (c) of this Section may be exceeded if:
5. 1. (1) on a #wide street#, such portion of a #building# with a #street wall# less than 45 feet in width #abuts# an existing #building# with a #street wall# that exceeds such permitted heights. Such new #street walls# may reach the height of such #abutting building# or, where there are two #abutting# #buildings# that exceed such heights, such new #street wall# may reach the height of the tallest of such #abutting# #buildings#; or
   2. (2) on a #narrow street#, such #street walls# #abut# two existing #buildings# with #street walls# that both exceed the heights permitted. Such new #street walls# may reach the height of the lowest of such #abutting buildings#; and
   3. (3) such new #street walls# shall be fully contiguous at every level with such #abutting# #street walls#.
6. (e) In addition, the following rules shall apply:
7. 1. (1) The front height and setback regulations and any height limitations of the underlying district shall apply, except that the alternate front setback and tower regulations of Sections 23-722 and 23-723 shall not apply. In the event of a conflict between the underlying regulations and the regulations of this Section, the more restrictive shall apply.
   2. (2) The provisions of this Section shall not apply to #street walls# of permitted obstructions or #street walls# located beyond 100 feet of a #street line#.
   3. (3) For the purposes of determining the width of a #street wall# :
   4. 1. (i) the width shall be the sum of the maximum widths of all #street walls# of a #building# at every level. The width of a #street wall# shall be the length of the #street line# from which, when viewed directly from above, lines perpendicular to the #street line# may be drawn to such #street wall#;
      2. (ii) #abutting# #buildings# on a single #zoning lot# may be considered a single #building#.
   5. (4) For #buildings# with #street walls# less than 45 feet in width that front only on a #narrow street# and #abut# two existing #buildings#, the #street wall# of such #building# shall be no closer to the #street line# than the #street wall# of the #abutting building# that is closest to the #street line#.
   6. (5) On a #through lot# containing #buildings# with #street walls# less than 45 feet in width, the alternative location provisions for #rear yard equivalents# set forth in Section 23-345 (Required rear yard equivalents) shall not apply.

23-80
COURT REGULATIONS, MINIMUM DISTANCE BETWEEN WINDOWS AND WALLS OR LOT LINES AND OPEN AREA REQUIREMENTS

[MOVING TEXT TO SECTION 23-]

23-81
Definitions

Words in italics are defined in Section 12-10 (DEFINITIONS) or, if applicable exclusively to this Section, in this Section.

23-82
Building Walls Regulated by Minimum Spacing Requirements

[MOVING TO SECTION 23-271, AND MODIFYING]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, at any level at which two portions of a single #building# or #abutting# #buildings# on a single #zoning lot# are not connected one to the other, such portions shall be deemed to be two separate #buildings#, and the provisions set forth in Section 23-71 (Minimum Distance Between Buildings on a Single Zoning Lot) shall apply. In applying such provisions, the height of the two portions shall be measured from the roof of the connecting portion of such #building# instead of from the #base plane# or #curb level#, as applicable.

23-83
Building Walls Regulated by Other Than Minimum Spacing Requirements

[MOVING TO SECTION 23-35, AND MODIFYING]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, to the extent that the provisions of Section 23-82 (Building Walls Regulated by Minimum Spacing Requirements) do not apply, the minimum distance between different walls of the same #building# shall conform to the regulations set forth in the following Sections:

Section 23-84 (Outer Court Regulations)

Section 23-85 (Inner Court Regulations)

Section 23-86 (Minimum Distance Between Legally Required Windows and Walls or Lot Lines)

Section 23-87 (Permitted Obstructions in Courts).

For the purposes of these Sections, #abutting# #buildings# on a single #zoning lot# shall be considered a single #building#.

However, these regulations shall not apply to any #single-# or #two-family# #detached# #residence#.

A corner of a #court# may be cut off between walls of the same #building#, provided that the length of the wall of such cut-off does not exceed seven feet.

The Commissioner of Buildings may approve minor recesses, projections and architectural treatment of the outline of #courts# as long as these variations do not substantially change the depth or width of the #court#.

23-84
Outer Court Regulations

[MOVING, WITH 23-841, 23-842 AND 23-843 TO SECTION 23-353, AND MODIFYING]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, #outer courts# shall be in compliance with the provisions of this Section.

23-841
Narrow outer courts

[MOVING, WITH 23-84, 23-842 AND 23-843 TO SECTION 23-353, AND MODIFYING]

R1 R2 R3 R4 R5

1. (a) In the districts indicated, if an #outer court# is less than 30 feet wide, the width of such #outer court# shall be at least one and one-third the depth of such #outer court#.
   
   However, in R3, R4 or R5 Districts, for #single-# and #two-family residences#, three #stories# or less in height, the width of such #outer court# shall be at least equal to the depth of such #outer court#.
R6 R7 R8 R9 R10
3. (b) In the districts indicated, if an #outer court# is less than 30 feet wide, the width of such #outer court# shall be at least equal to the depth of such #outer court#. However, the depth of an #outer court# may exceed its width in a small #outer court#, provided that:
4. 1. (1) no #legally required windows# shall face onto such small #outer court# or any #outer court recess# thereof
   2. (2) such small #outer court# is located above the level of the first #story#;
   3. (3) the area of such small #outer court# shall not be less than 200 square feet and no dimension shall be less than 10 feet; and
   4. (4) where the perimeter walls of such small #outer court# exceed a height of 75 feet, as measured from the lowest level of such #outer court#, at least 50 percent of such perimeter walls above a height of 75 feet shall setback 10 feet from the court opening. However, the depth of such required setback may be reduced one foot for every foot the minimum dimension of such court exceeds a width of 10 feet.

23-842
Wide outer courts

[MOVING, WITH 23-84, 23-841 AND 23-843 TO SECTION 23-353, AND MODIFYING]

R1 R2 R3 R4 R5

1. (a) In the districts indicated, if an #outer court# is 30 feet or more in width, the width of such #outer court# must be at least equal to the depth of such #outer court#, except that such width need not exceed 60 feet.
2. R6 R7 R8 R9 R10
3. (b) In the districts indicated, if an #outer court# is 30 feet or more in width, an #outer court# may extend to any depth.

23-843
Outer court recesses

[MOVING, WITH 23-84, 23-841 AND 23-842 TO SECTION 23-353, AND MODIFYING]

R1 R2 R3 R4 R5

1. (a) In the districts indicated, the width of an #outer court recess# shall be at least twice the depth of the recess, except that such width need not exceed 60 feet.
2. R6 R7 R8 R9 R10
3. (b) In the districts indicated, the width of an #outer court recess# shall be at least equal to the depth of such #outer court recess#, except that such width need not exceed 30 feet.

23-844
Modification of court and side yard regulations in the area of the former Bellevue South Urban Renewal Plan in the Borough of Manhattan

[REMOVING PROVISIONS, AS OTHER MODIFICATIONS MAKE IT REDUNDANT]

In the Borough of Manhattan, in the area designated by the former Bellevue South Urban Renewal Plan, for a #development# or #enlargement# on a #zoning lot# that adjoins a #zoning lot# including a #building# containing #residences# with #non-complying# #courts# along the common #side lot line#, the #court# regulations of Section 23-80 and the open area requirements of paragraph (c) of Section 23-462 (Side yards for all other buildings containing residences) may be modified to allow an open area at least eight feet wide to extend along a portion of the #side lot line#.

23-85
Inner Court Regulations

[MOVING, WITH 23-851 AND 23-852 TO SECTION 23-352, AND MODIFYING]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, #inner courts# shall be in compliance with the provisions of this Section.

23-851
Minimum dimensions of inner courts

[MOVING, WITH 23-85 AND 23-851 TO SECTION 23-352, AND MODIFYING]

For the purposes of this Section, that portion of an open area not part of an #inner court# and over which, when viewed directly from above, lines perpendicular to a #lot line# may be drawn into such #inner court#, shall be considered part of such #inner court#.

R1 R2 R3 R4 R5

1. (a) In the districts indicated, the area of an #inner court# shall not be less than 1,200 square feet, and the minimum dimension of such #inner court# shall not be less than 30 feet. In R1, R2 and R3 Districts, the area of an #inner court# shall not be less than 200 square feet and the minimum dimension of such #inner court# shall not be less than 12 feet.
R6 R7 R8 R9 R10
3. (b) In the districts indicated, the area of an #inner court# shall not be less than 1,200 square feet, and the minimum dimension of such #inner court# shall not be less than 30 feet.
   
   However, the area and dimensions of an #inner court# may be reduced for a small #inner court#, provided that:
4. 1. (1) no #legally required windows# shall face onto such small #inner court# or any #inner court recess# thereof;
   2. (2) the area of such small #inner court# shall not be less than 200 square feet and no dimension shall be less than 10 feet; and
   3. (3) where the perimeter walls of such small #inner court# exceed a height of 75 feet, as measured from the lowest level of such #inner court#, at least 50 percent of such perimeter walls above a height of 75 feet shall setback 10 feet from the court opening. However, the depth of such required setback may be reduced one foot for every foot the minimum dimension of such court exceeds a width of 10 feet.

23-852
Inner court recesses

[MOVING, WITH 23-85 AND 23-851, TO SECTION 23-352, AND MODIFYING]

R1 R2 R3 R4 R5

1. (a) In the districts indicated, the width of an #inner court recess# shall be at least twice the depth of the recess. However, if the recess opening is 60 feet or more in width, this provision shall not apply.
2. R6 R7 R8 R9 R10
3. (b) In the districts indicated, the width of an #inner court recess# shall be at least equal to the depth of the #inner court recess#, except that such width need not exceed 30 feet.

23-86
Minimum Distance Between Legally Required Windows and Walls or Lot Lines

[MOVING TO SECTION 23-372, AND UPDATING PER PROPOSAL]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts as indicated, the minimum distance between #legally required windows# and walls or #lot lines# shall be as set forth in this Section, except that this Section shall not apply to #legally required windows# in #buildings# containing #residences# :

1. (a) in R2X, R3, R4 or R5A Districts, with a maximum height of 35 feet and with a maximum of three units; and
2. (b) in other districts either:
3. 1. (1) with a maximum height of 32 feet and with a maximum of three units; or
   2. (2) with three #stories# if the lowest #story# is either a #basement# or is excluded from #floor area# by definition.
4. For the purposes of this Section, #abutting# #buildings# on the same #zoning lot# shall be considered a single #building#.

23-861
General provisions

[MOVING TO SECTION 23-372, AND UPDATING PER PROPOSAL]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, except as otherwise provided in Section 23-862 (Minimum distance between legally required windows and lot lines on small corner lots in R9 or R10 Districts) or Section 23-863 (Minimum distance between legally required windows and any wall in an inner court), the minimum distance between a #legally required window# and:

1. (a) any wall;
2. (b) a #rear lot line#, or vertical projection thereof; or
3. (c) a #side lot line#, or vertical projection thereof;

shall be 30 feet, measured in a horizontal plane at the sill level of, and perpendicular to, such window for the full width of the rough window opening; provided, however, that a #legally required window# may open on any #outer court# meeting the requirements of Section 23-84 (Outer Court Regulations), except for small #outer courts# in R6 through R10 Districts, the provisions for which are set forth in paragraph (b) of Section 23-841 (Narrow outer courts).

The obstructions permitted for any #yard# set forth in paragraph (a) of Section 23-441 (General permitted obstruction allowances), shall be permitted in such minimum distance.

However, for shallow #interior lots# in R6 through R10 Districts, the minimum distance between a #legally required window# and a #rear lot line#, or vertical projection thereof, may be reduced to equal the #rear yard# depth required pursuant to the provisions of Section 23-52 (Special Provisions for Shallow Interior Lots). However, in no event shall such minimum distance between a #legally required window# and a #rear lot line#, or vertical projection thereof, be less than 20 feet.

In R3, R4 and R5 Districts, the minimum dimension between a #legally required window# and a #side lot line# shall be 15 feet. Such 15 foot dimension shall be measured in a horizontal plane perpendicular to the #side lot line# or vertical projection thereof. Furthermore, such area with a 15 foot dimension shall be open to the sky from ground level up for the entire length of the #side lot line#. Only #accessory# mechanical equipment limited in depth to 18 inches from an exterior wall, chimneys, downspouts, eaves, #qualifying exterior wall thickness#, gutters, open #accessory# off-street parking spaces, ramps for access by the handicapped, and steps shall be permitted obstructions in such open area, subject to the conditions set forth in Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents), provided that such obstructions, not including #qualifying exterior wall thickness# and #accessory# mechanical equipment, will not reduce the minimum width of the open area by more than three feet.

23-862
Minimum distance between legally required windows and lot lines on small corner lots in R9 or R10 Districts

[MOVING TO SECTION 23-372, AND UPDATING PER PROPOSAL]

R9 R10

In the districts indicated, on a #corner lot# less than 10,000 square feet in #lot area#, a #legally required window# may open on a #yard# bounded on one side by a #front lot line# and having a minimum width of 20 feet, provided that the provisions of Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) shall not apply to such #yard#. However, #accessory# mechanical equipment limited in depth to 18 inches from an exterior wall, awnings and other sun control devices, #qualifying exterior wall thickness#, and solar energy systems on walls, as set forth in Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents), shall be permitted within such minimum distance.

23-863
Minimum distance between legally required windows and any wall in an inner court

[RELOCATING TO SECTION 23-35, INCLUSIVE, AND MODIFYING]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the minimum horizontal distance between a #legally required window# opening on an #inner court# and any wall opposite such window on the same #zoning lot# shall not be less than 30 feet. However, such provisions shall not apply to small #inner courts#, the provisions for which are set forth in paragraph (b) of Section 23-851 (Minimum dimensions of inner courts).

Such minimum distance shall be measured in a horizontal plane at the sill level of, and perpendicular to, the #legally required window# for the full width of the rough window opening, between such window and a projection of such wall onto such horizontal plane.

23-87
Permitted Obstructions in Courts

[RELOCATING TO SECTION 23-351, AND MODIFYING (ADDING R11, R12 APPLICABILITY)]

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the obstructions permitted for any #yard# set forth in paragraph (a) of Section 23-441 (General permitted obstruction allowances), as well as the following obstructions, shall be permitted within the minimum area and dimensions needed to satisfy the requirements for a #court#. For the purposes of applying such allowances to #courts#, all percentage calculations shall be applied to the area of the #court# instead of the #yard#:

1. (a) Fences;
2. (b) Fire escapes in #outer courts#;
   
   Fire escapes in #outer court recesses# not more than five feet in depth;
   
   Fire escapes in #inner courts# where such fire escapes are required as a result of alterations in #buildings# existing before December 15, 1961;
   
   Fire escapes in #outer court recesses# more than five feet in depth where such fire escapes are required as a result of alterations in #buildings# existing before December 15, 1961;
3. (c) #Energy infrastructure equipment# and #accessory# mechanical equipment, subject to the requirements set forth in Section 23-442;
4. (d) Recreational or drying yard equipment
5. In addition, for #courts# at a level higher than the first #story#, decks, skylights, parapet walls, roof thickness, solar energy systems up to four feet high, vegetated roofs, and weirs, as set forth in Section 23-62 (Permitted Obstructions), shall be permitted.

23-88
Minimum Distance Between Lot Lines and Building Walls

23-881
Minimum distance between lot lines and building walls in lower density growth management areas

[REMOVING, PER PROPOSAL. STANDARD DISTANCE BETWEEN BUILDINGS RULES WILL APPLY]

In R1, R2, R3, R4-1 and R4A Districts within #lower density growth management areas#, the provisions of this Section shall apply to any #zoning lot# with two or more #buildings#, where at least 75 percent of the #floor area# of one #building# is located beyond 50 feet of a #street line# and the #private road# provisions do not apply. For the purposes of this Section, any #building# containing #residences# with no #building# containing #residences# located between it and the #street line# so that lines drawn perpendicular to the #street line# do not intersect any other #building# containing #residences# shall be considered a “front building,” and any #building# containing #residences# with at least 75 percent of its #floor area# located beyond the #rear wall line#, or prolongation thereof, of a “front building” shall be considered a “rear building”. An open area with a minimum width of 15 feet shall be provided between any such “rear building” and the #side lot line# of an adjoining #zoning lot#, and an open area with a minimum width of 30 feet shall be provided between any such “rear building” and the #rear lot line# of an adjoining #zoning lot#. The permitted obstruction provisions of Section 23-44 for #side yards# shall apply where such open areas adjoin a #side lot line#, and the permitted obstruction provisions of Section 23-44 for #rear yards# shall apply where such open areas adjoin a #rear lot line#.

23-882
Minimum distance between lot lines and building walls in R1 through R5 Districts

[REMOVING, PER PROPOSAL. STANDARD DISTANCE BETWEEN BUILDINGS AND LOT LINES WILL APPLY]

R1 R2 R3 R4 R5

In the districts indicated, for #corner lots# with multiple #buildings# or #building segments#, an open area at least 30 feet in depth shall be provided between the #side lot line# and the #rear wall line# of any #building# or #building segment# that does not front upon two #streets# in its entirety.

23-89
Open Area Requirements for Residences

23-891
In R1 through R5 Districts

[REMOVING, PER PROPOSAL]

R1 R2 R3 R4 R5

In the districts indicated, except R4B and R5B Districts, the provisions of this Section shall apply to all #zoning lots# with two or more #buildings# or #building segments# containing #residences#. All such #buildings# or #building segments# shall provide open areas in accordance with this Section. Only those obstructions set forth in Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) shall be allowed, except that parking spaces, whether enclosed or unenclosed, and driveways, shall not be permitted within such open areas.

1. (a) An open area shall be provided adjacent to the rear wall of each such #building# or #building segment#. For the purposes of this Section, the “rear wall” shall be the wall opposite the wall of each #building# or #building segment# that faces a #street# or #private road#. The width of such open area shall be equal to the width of each #building# or #building segment#, and the depth of such open area shall be at least 30 feet when measured perpendicular to each rear wall. No such open areas shall serve more than one #building# or #building segment#.
2. (b) For #buildings# or #building segments# that front upon two or more #streets# or #private roads#, and for #buildings# or #building segments# that do not face a #street# or #private road#, one wall of such #building# or #building segment# shall be designated the rear wall, and the open area provisions of this Section applied adjacent to such wall. However, for not more than one #building# or #building segment# located at the corner of intersecting #streets# or #private roads#, the depth of such required open area may be reduced to 20 feet.

23-892
In R6 through R10 Districts

[MOVING TO SECTION 23-613 (WITH 23-451 AND 28-23), AND MODIFYING]

R6A R6B R7A R7B R7D R7X R8A R8B R8X R9A R9D R9X R10A R10X

In the districts indicated, and for #Quality Housing buildings# in R6 through R10 Districts without a letter suffix, the area of the #zoning lot# between the #street line# and all #street walls# of the #building# and their prolongations shall be planted at ground level, or in raised planting beds that are permanently affixed to the ground, pursuant to the provisions of Section 28-23 (Planting Areas).

23-90
INCLUSIONARY HOUSING

[MOVING ENTIRETY OF 23-90 TO AN ADMINISTRATIVE CHAPTER, ARTICLE II, CHAPTER 7, AND UPDATING, PER PROPOSAL]

23-91
Definitions

For the purposes of this Section, inclusive, matter in italics is defined either in Section 12-10 (DEFINITIONS) or in this Section.

23-911
General definitions

The following definitions shall apply throughout Section 23-90 (INCLUSIONARY HOUSING), inclusive:

Administering agent

An “administering agent” is the entity responsible for ensuring, pursuant to a #regulatory agreement#, that:

1. (a) each subject rental #affordable housing unit# is rented in compliance with such #regulatory agreement# at #rent-up# and upon each subsequent vacancy; or
2. (b) each subject #homeownership affordable housing unit# is owned and occupied in compliance with such #regulatory agreement# at #sale# and upon each #resale#.

Affordable floor area

1. (a) Where all of the #dwelling units#, #rooming units# and #supportive housing units# in a #generating site# or #MIH site#, other than any #super’s unit#, are #affordable housing units#, all of the #residential# #floor area#, or #community facility# #floor area# for a #supportive housing project#, in such #generating site# or #MIH site# is “affordable floor area.”
2. (b) Where one or more of the #dwelling units# or #rooming units# in a #generating site#, other than any #super’s unit#, are not #affordable housing units#, the #affordable floor area# in such #generating site# is the sum of:
3. 1. (1) all of the #residential# #floor area# within the perimeter walls of the #affordable housing units# in such #generating site#; plus
   2. (2) a figure determined by multiplying the #residential# #floor area# of the #eligible common areas# in such #generating site# by a fraction, the numerator of which is all of the #residential# #floor area# within the perimeter walls of the #affordable housing units# in such #generating site# and the denominator of which is the sum of the #residential# #floor area# within the perimeter walls of the #affordable housing units# in such #generating site# plus the #residential# #floor area# within the perimeter walls of the #dwelling units# or #rooming units# in such #generating site#, other than any #super’s unit#, that are not #affordable housing units#.
4. (c) Where one or more of the #dwelling units# or #rooming units# in an #MIH site#, other than any #super’s unit#, are not #affordable housing units#, the #affordable floor area# in such #MIH site# is the sum of:
5. 1. (1) all of the #residential# #floor area# of the #affordable housing units# in such #MIH site#; plus
   2. (2) a figure determined by multiplying the #residential# #floor area# of the #eligible common areas# in such #MIH site# by a fraction, the numerator of which is all of the #residential# #floor area# of the #affordable housing units# in such #MIH site# and the denominator of which is the sum of the #residential# #floor area# of the #affordable housing units# in such #MIH site# plus the #residential# #floor area# of the #dwelling units# or #rooming units# in such #MIH site#, other than any #super’s unit#, that are not #affordable housing units#.

Affordable housing

“Affordable housing” consists of:

1. (a) #affordable housing units#; and
2. (b) #eligible common areas#.

Affordable housing fund

With respect to the requirements of paragraph (d)(3)(v) of Section 23-154, the “affordable housing fund” is a fund administered by #HPD#, all contributions to which shall be used for development, acquisition, rehabilitation, or preservation of affordable housing, or other affordable housing purposes as set forth in the #guidelines#. Each contribution into such fund shall be reserved for use within the borough in which the #MIH development# making such contribution is located, and for a minimum of 10 years, shall be reserved for use in the same Community District in which the #MIH development# making such contribution is located. #HPD# shall issue a public report on the use of such fund no less frequently than on an annual basis.

Further provisions for the use of such funds may be set forth in the #guidelines#

Affordable housing plan

An “affordable housing plan” is a plan approved by #HPD# to #develop#, rehabilitate or preserve rental or #homeownership affordable housing# on a #generating site#, pursuant to the provisions of Section 23-90, inclusive.

Affordable housing unit

An “affordable housing unit” is:

1. (a) a #dwelling unit#, other than a #super’s unit#, that is used for class A occupancy as defined in the Multiple Dwelling Law and that is or will be restricted, pursuant to a #regulatory agreement#, to occupancy by:
2. 1. (1) #low income households#;
   2. (2) where permitted by paragraph (c) of Section 23-154 (Inclusionary Housing), either #low income households# or a combination of #low income households# and #moderate income households# or #middle income households#;
   3. (3) upon #resale# of #homeownership affordable housing units#, other #eligible buyers#, as applicable; or
   4. (4) #qualifying households#;
3. (b) a #rooming unit#, other than a #super’s unit#, that is used for class B occupancy as defined in the Multiple Dwelling Law and that is or will be restricted, pursuant to a #regulatory agreement#, to occupancy by #low income households#; or
4. (c) a #supportive housing unit# within a #supportive housing project#.

#Affordable housing units# that are restricted to #homeownership#, as defined in Section 23- 913, pursuant to a #regulatory agreement#, must be #dwelling units#.

Capital element

“Capital elements” are, with respect to any #generating site# or #MIH site#, the electrical, plumbing, heating and ventilation systems in such #generating site#, any air conditioning system in such #generating site# and all facades, parapets, roofs, windows, doors, elevators, concrete and masonry in such #generating site# and any other portions of such #generating site# or #MIH site# specified in the #guidelines#.

Compensated development

In areas other than #Mandatory Inclusionary Housing areas#, a “compensated development” is a #development#, an #enlargement# of more than 50 percent of the #floor area# of an existing #building# or, where permitted by the provisions of Section 98-262 (Floor area increase), a #conversion# of a #building#, or portion thereof, from non-#residential use# to #dwelling units#, that is located within a #compensated zoning lot#.

Compensated zoning lot

A “compensated zoning lot” is a #zoning lot# not located in a #Mandatory Inclusionary Housing area#, that contains a #compensated development# and receives an increased #floor area ratio#, pursuant to the provisions of Sections 23-154 and 23-90, inclusive.

Completion notice

A “completion notice” is a notice from #HPD# to the Department of Buildings stating that the #affordable housing# in all or a portion of any #generating site# or #MIH site# is complete and stating the #affordable floor area# of such #affordable housing#.

Eligible common area

In a #generating site#, “eligible common area” includes any #residential# #floor area# that is located within the perimeter walls of a #super’s unit#, and also includes any #residential# #floor area# in such #generating site# that is not located within the perimeter walls of any other #dwelling unit# or #rooming unit#, except any #residential# #floor area# for which a user fee is charged to residents of #affordable housing units#.

In an #MIH site#, an #eligible common area# includes any #residential# #floor area# that is located within a #super’s unit#, and any #residential# #floor area# in such #MIH site# that is not located within any other #dwelling unit# or #rooming unit#, but shall not include any #residential# #floor area# for which a user fee is charged to residents of #affordable housing units#.

Floor area compensation

“Floor area compensation” is any additional #residential# #floor area# permitted in a #compensated development#, pursuant to the provisions of Sections 23-154 and 23-90, inclusive.

Generating site

A “generating site” is a #building# or #building segment# containing either #residential affordable floor area# or a #supportive housing project#, which generates #floor area compensation#. Non-#residential# #floor area# on a #generating site#, other than a #supportive housing project#, may not generate #floor area compensation#.

A #generating site# may also be an #MIH site#, provided that no #floor area# that satisfies the requirements of paragraphs (d)(3)(i) through (d)(3)(iv) or (d)(5) of Section 23-154 (Inclusionary Housing) may also generate #floor area compensation#.

Grandfathered tenant

A “grandfathered tenant” is any #household# that:

1. (a) occupied an #affordable housing unit# in #preservation affordable housing# or #substantial rehabilitation affordable housing# on the #regulatory agreement date#, pursuant to a lease, occupancy agreement or statutory tenancy under which one or more members of such #household# was a primary tenant of such #affordable housing unit#; and
2. (b) has not been certified by the #administering agent# to have an annual income below the #low income limit#, #moderate income limit# or #middle income limit#, as applicable to such #affordable housing unit#; or
3. (c) in #homeownership preservation affordable housing# or #homeownership substantial rehabilitation affordable housing#, has been certified by the #administering agent# to have an annual income below the #low income limit#, #moderate income limit# or #middle income limit#, as applicable to such #affordable housing unit#, but has elected not to purchase such #affordable housing unit#.
4. In #Mandatory Inclusionary Housing areas#, #grandfathered tenants# may include tenants of #buildings# on an #MIH site# that have been or will be demolished, as set forth in the #guidelines#.

Guidelines

The “guidelines” are the #guidelines# adopted by #HPD#, pursuant to paragraph (k) of Section 23-96 (Requirements for Generating Sites or MIH Sites).

Household

Prior to #initial occupancy# of an #affordable housing unit#, a “household” is, collectively, all of the persons intending to occupy such #affordable housing unit# at #initial occupancy#. After #initial occupancy# of an #affordable housing unit#, a #household# is, collectively, all of the persons occupying such #affordable housing unit#.

HPD

“HPD” is the Department of Housing Preservation and Development or its successor agency or designee, acting by or through its Commissioner or his or her designee.

Income band

An “income band” is a percentage of the #income index# that is the maximum income for a #qualifying household# at #initial occupancy# of an #affordable housing unit#. #Income bands# shall all be multiples of 10 percent of the #income index#, except for an #income band# at 135 percent of the #income index# provided pursuant to paragraph (d)(3)(iv) of Section 23-154 (Inclusionary Housing).

Income index

The “income index” is 200 percent of the Very Low-Income Limit established by the U.S. Department of Housing and Urban Development (HUD) for Multifamily Tax Subsidy Projects (MTSPs) in accordance with Internal Revenue Code Sections 42 and 142, as amended by Section 3009(a) of the Housing and Economic Recovery Act of 2008, as adjusted for household size. #HPD# shall adjust such figure for the number of persons in a #household# in accordance with such methodology as may be specified by HUD or in the #guidelines#. #HPD# may round such figure to the nearest 50 dollars or in accordance with such methodology as may be specified by HUD or in the #guidelines#. If HUD ceases to establish, or changes the standards or methodology for the establishment of, such income limit for MTSPs or ceases to establish the methodology for adjusting such figure for #household# size, the standards and methodology for establishment of the #income index# shall be specified in the #guidelines#.

Initial occupancy

“Initial occupancy” is:

1. (a) in rental #affordable housing#, the first date upon which a particular #household# occupies a particular #affordable housing unit# as a tenant, and shall not refer to any subsequent renewal lease of the same #affordable housing unit# to the same tenant #household#; or
2. (b) in #homeownership affordable housing#, the first date upon which a particular #household# occupies a particular #affordable housing unit# as a #homeowner#.
3. For any #household# occupying an #affordable housing unit# of #preservation affordable housing# or #substantial rehabilitation affordable housing# on the #regulatory agreement date#, #initial occupancy# is the #regulatory agreement date#.

Low income floor area

The “low income floor area" is the #affordable floor area# that is provided for #low income households# or, upon #resale# as defined in Section 23-913, for #eligible buyers#.

Low income household

A “low income household” is a #household# having an income less than or equal to the #low income limit# at #initial occupancy#, except that, with regard to #low income floor area# within #preservation affordable housing# or #substantial rehabilitation affordable housing#, a #grandfathered tenant# shall also be a #low income household#.

Low income limit

The “low income limit” is 80 percent of the #income index#.

Middle income floor area

The “middle income floor area” is the #affordable floor area# that is provided for #middle income households# or, upon #resale# as defined in Section 23-913, for #eligible buyers#.

Middle income household

A “middle income household” is a #household# having an income greater than the #moderate income limit# and less than or equal to the #middle income limit# at #initial occupancy#, except that, with regard to #middle income floor area# within #substantial rehabilitation affordable housing#, a #grandfathered tenant# shall also be a #middle income household#.

Middle income limit

The “middle income limit” is 175 percent of the #income index#.

MIH application

An “MIH application” is an application submitted to #HPD# that specifies how #affordable housing# will be provided on an #MIH site#, in compliance with the provisions of Section 23-90 (INCLUSIONARY HOUSING), inclusive.

MIH development

An “MIH development” is a #development#, #enlargement# or #conversion# that complies with the provisions of paragraphs (d)(3)(i) through (d)(3)(v) or (d)(5) of Section 23-154 (Inclusionary Housing), or provides #affordable housing# or a contribution to the #affordable housing fund# pursuant to such provisions as modified by special permit of the Board of Standards and Appeals pursuant to Section 73-624 (Reduction or modification of Mandatory Inclusionary Housing requirements).

MIH site

An “MIH site” is a #building# containing #affordable floor area# that satisfies either the special #floor area# provisions for #zoning lots# in #Mandatory Inclusionary Housing areas# in paragraphs (d)(3)(i) through (d)(3)(iv) and (d)(5), as applicable, of Section 23-154 (Inclusionary Housing) for an #MIH development# in a #Mandatory Inclusionary Housing area#, or such provisions as modified by special permit of the Board of Standards and Appeals pursuant to Section 73-624 (Reduction or modification of Mandatory Inclusionary Housing requirements). An #MIH site# may also be a #generating site#, provided that no #floor area# that satisfies the requirements of paragraphs (d)(3)(i) through (d)(3)(iv) or (d)(5) of Section 23-154 may also generate #floor area compensation#.

MIH zoning lot

An “MIH zoning lot” is a #zoning lot# that contains an #MIH development#

Moderate income floor area

The “moderate income floor area” is the #affordable floor area# that is provided for #moderate income households# or, upon #resale# as defined in Section 23-913, for #eligible buyers#.

Moderate income household

A “moderate income household” is a #household# having an income greater than the #low income limit# and less than or equal to the #moderate income limit# at #initial occupancy#, except that, with regard to #moderate income floor area# within #substantial rehabilitation affordable housing#, a #grandfathered tenant# shall also be a #moderate income household#.

Moderate income limit

The “moderate income limit” is 125 percent of the #income index#.

New construction affordable housing

“New construction affordable housing” is #affordable housing# that:

1. (a) is located in a #building# or portion thereof that did not exist on a date which is 36 months prior to the #regulatory agreement date#;
2. (b) is located in #floor area# for which the Department of Buildings first issued a temporary or permanent certificate of occupancy on or after the #regulatory agreement date#; and
3. (c) complies with such additional criteria as may be specified by #HPD# in the #guidelines#.

Permit notice

For #compensated developments#, a “permit notice” is a notice from #HPD# to the Department of Buildings stating that building permits may be issued to utilize #floor area compensation# from all or a portion of the #affordable floor area# on a #generating site#. Any #permit notice# shall:

1. (a) state the amount of #low income floor area#, #moderate income floor area# or #middle income floor area# attributable to such #generating site#;
2. (b) state whether the #affordable housing# comprising such #low income floor area#, #moderate income floor area# or #middle income floor area# is #new construction affordable housing#, #substantial rehabilitation affordable housing# or #preservation affordable housing#;
3. (c) state whether the #affordable housing# comprising such #low income floor area#, #moderate income floor area# or #middle income floor area# has utilized #public funding#; and
4. (d) specify the amount of such #affordable housing# that the #compensated development# may utilize to generate #floor area compensation#.
5. For #MIH developments#, a #permit notice# is a notice from #HPD# to the Department of Buildings stating that building permits may be issued for any #development#, #enlargement# or #conversion# subject to the special #floor area# requirements of paragraph (d) of Section 23-154 (Inclusionary Housing), or any modification of such provisions by special permit of the Board of Standards and Appeals pursuant to Section 73-624 (Reduction or modification of Mandatory Inclusionary Housing requirements). Such #permit notice# shall state the amount of #affordable floor area# provided on an #MIH site# or the amount of #floor area# for which a contribution to the #affordable housing fund# has been made.

Preservation affordable housing

“Preservation affordable housing” is #affordable housing# that:

1. (a) is a #generating site# that existed and was legally permitted to be occupied on the #regulatory agreement date#, except as permitted in the #guidelines#; and
2. (b) complies with the provisions of Section 23-961, paragraph (e)(Special requirements for rental preservation affordable housing) or Section 23-962, paragraph (f)(Special requirements for homeownership preservation affordable housing), as applicable.

Public funding

“Public funding” is any grant, loan or subsidy from any Federal, State or local agency or instrumentality, including, but not limited to, the disposition of real property for less than market value, purchase money financing, construction financing, permanent financing, the utilization of bond proceeds and allocations of low income housing tax credits. #Public funding# shall not include the receipt of rent subsidies pursuant to Section 8 of the United States Housing Act of 1937, as amended, or an exemption or abatement of real property taxes pursuant to Section 420- a, Section 420-c, Section 421-a, Section 422, Section 488-a or Section 489 of the Real Property Tax Law, Article XI of the Private Housing Finance Law or such other programs of full or partial exemption from or abatement of real property taxation as may be specified in the #guidelines#.

Qualifying household

A “qualifying household” is a #low income household#, #moderate income household# or #middle income household# that satisfies the applicable #income band# requirements of paragraphs (d)(3)(i) through (d)(3)(iv) or (d)(5) of Section 23-154 (Inclusionary Housing) or as provided by special permit of the Board of Standards and Appeals pursuant to Section 73-624 (Reduction or modification of Mandatory Inclusionary Housing requirements).

Regulatory agreement

A “regulatory agreement” is an agreement between #HPD# and the owner of the #affordable housing# or, for #MIH sites#, a restrictive declaration or other document as provided in the #guidelines#, that requires compliance with all applicable provisions of an #affordable housing plan# or #MIH application#, Section 23-90, inclusive, other applicable provisions of this Resolution and the #guidelines#.

Regulatory agreement date

The “regulatory agreement date” is, with respect to any #affordable housing#, the date of execution of the applicable #regulatory agreement#. If a #regulatory agreement# is amended at any time, the #regulatory agreement date# is the original date of execution of such #regulatory agreement#, without regard to the date of any amendment.

Regulatory period

The “regulatory period” is, with respect to any #generating site#, the entire period of time during which any #floor area compensation# generated by the #affordable floor area# on such #generating site# is the subject of a permit, temporary certificate of occupancy or permanent certificate of occupancy issued by the Department of Buildings, or is otherwise under construction or in use in a #compensated development#.

With respect to any #MIH site#, the #regulatory period# is the entire period of time during which #affordable floor area# on such #MIH site# satisfies the requirements of the special #floor area# provisions for #zoning lots# in #Mandatory Inclusionary Housing areas# in paragraph (d) of Section 23-154 (Inclusionary Housing) for an #MIH development# or any modification of such provisions by special permit of the Board of Standards and Appeals pursuant to Section 73-624 (Reduction or modification of Mandatory Inclusionary Housing requirements), is the subject of a permit, temporary certificate of occupancy or permanent certificate of occupancy issued by the Department of Buildings, or is otherwise under construction or in use.

Substantial rehabilitation affordable housing

“Substantial rehabilitation affordable housing” is #affordable housing# that:

1. (a) is a #generating site# that existed on the #regulatory agreement date#; and
2. (b) complies with the provisions of Section 23-961, paragraph (f) (Special requirements for rental substantial rehabilitation affordable housing), or Section 23-962, paragraph (g) (Special requirements for homeownership substantial rehabilitation affordable housing), as applicable.

Super’s unit

A “super’s unit” is, in any #generating site# or #MIH site#, not more than one #dwelling unit# or #rooming unit# that is reserved for occupancy by the superintendent of such #building#.

23-912
Definitions applying to rental affordable housing

The following definitions shall apply to rental #affordable housing# :

Legal regulated rent

A “legal regulated rent” is, with respect to any #affordable housing unit#, the initial #monthly A “legal regulated rent” is, with respect to any #affordable housing unit#, the initial #monthly

Maximum monthly rent

The “maximum monthly rent” is:

1. (a) 30 percent of the #low income limit# for an #affordable housing unit# restricted to occupancy by #low income households#, divided by 12, minus the amount of any applicable #utility allowance#;
2. (b) 30 percent of the #moderate income limit# for an #affordable housing unit# restricted to occupancy by #moderate income households#, divided by 12, minus the amount of any applicable #utility allowance#; and
3. (c) 30 percent of the #middle income limit# for an #affordable housing unit# restricted to occupancy by #middle income households#, divided by 12, minus the amount of any applicable #utility allowance#.
4. For #MIH sites#, the #maximum monthly rent# for an #affordable housing unit# restricted to occupancy by a #qualifying household# is 30 percent of the #income band# applicable to that unit, divided by 12, minus any applicable utility allowance.

Monthly rent

The “monthly rent” is the monthly amount charged, pursuant to paragraph (b) of Section 23-961 (Additional requirements for rental affordable housing), to a tenant in an #affordable housing unit#.

Rent stabilization

“Rent stabilization” is the Rent Stabilization Law of 1969 and the Emergency Tenant Protection Act of 1974 and all regulations promulgated pursuant thereto or in connection therewith. If the Rent Stabilization Law of 1969 or the Emergency Tenant Protection Act of 1974 is repealed, invalidated or allowed to expire, #rent stabilization# shall be defined as set forth in the #guidelines#.

Rent-up

“Rent-up” is the first rental of vacant #affordable housing units# on or after the #regulatory agreement date#, except that, where one or more #affordable housing units# in #preservation affordable housing# or #substantial rehabilitation affordable housing# were occupied by #grandfathered tenants# on the #regulatory agreement date#, #rent-up# shall have the same meaning as #regulatory agreement date#.

Rent-up date

The “rent-up date” is the date upon which leases for a percentage of vacant #affordable housing units# set forth in the #guidelines# have been executed, except that, where one or more #affordable housing units# in #preservation affordable housing# or #substantial rehabilitation affordable housing# were occupied by #grandfathered tenants# on the #regulatory agreement date#, the #rent-up date# is the #regulatory agreement date#.

Supportive housing project

A “supportive housing project” is a non-profit institution with sleeping accommodations, as specified in Section 22-13 (Use Group 3), where:

1. (a) 100 percent of the #supportive housing units# within such #generating site#, have been restricted to use as #affordable housing# for persons with special needs pursuant to a #regulatory agreement#;
2. (b) such #generating site# does not contain any #dwelling unit# or #rooming unit# that is not #accessory#; and
3. (c) such #generating site# is not a #compensated development#.
4. However, with respect to the requirements of paragraphs (d)(3)(i) through (d)(3)(iv) or (d)(5) of Section 23-154 (Inclusionary Housing), a #supportive housing project# is a #building# or a portion thereof that is a non-profit institution with sleeping accommodations, as specified in Section 22-13 restricted to use as #affordable housing# for persons with special needs pursuant to a #regulatory agreement#.

Supportive housing unit

A “supportive housing unit” is #floor area# in a #supportive housing project# that consists of sleeping quarters for persons with special needs and any private living space appurtenant thereto.

Utility allowance

A “utility allowance” is a monthly allowance set by #HPD# for the payment of utilities where the tenant of an #affordable housing unit# is required to pay all or a portion of the utility costs with respect to such #affordable housing unit# in addition to any payments of #monthly rent#.

23-913
Definitions applying to homeownership affordable housing

The following definitions shall apply to #homeownership affordable housing#, where #homeownership# is as defined in this Section:

Appreciated price

The “appreciated price” for any #homeownership affordable housing unit# is the product of the #sale# or #resale# price of such #homeownership affordable housing unit# on the previous #sale date# and the #appreciation index# applicable at #resale# as specified in the #guidelines#.

Appreciation cap

The “appreciation cap” is the #resale# price at which the combined cost of #monthly fees#, #mortgage payments#, utilities and property taxes to be paid by the #homeowner# would be equal to 30 percent of:

1. (a) 125 percent of the #income index# for a #homeownership affordable housing unit# that was restricted to occupancy by #low income households# at #sale#; or
2. (b) 175 percent of the #income index# for a #homeownership affordable housing unit# that was restricted to occupancy by #moderate income households# at #sale#; or
3. (c) 200 percent of the #income index# for a #homeownership affordable housing unit# that was restricted to occupancy by #middle income households# at #sale#.
4. For #MIH sites#, the multiple of the #income index# for #homeownership affordable housing units# occupied by #qualifying households# shall be as specified in the #guidelines#.

Appreciation index

The “appreciation index” is 100 until August 1, 2010. On or after August 1, 2010, the #appreciation index# shall be a number greater than 100, representing the cumulative increase in #resale# price of a #homeownership affordable housing unit# permitted pursuant to the annual rates of increase established by #HPD#.

#HPD# shall set the annual rate of increase at the same rate as the percentage change in the Consumer Price Index for all urban consumers, as defined by the U.S. Bureau of Labor Statistics, for the 12 months ended on June 30 of that year, plus one percent per year, but the annual rate of increase shall be no less than one percent per year. #HPD# shall adjust the Consumer Price Index component of the #appreciation index# on August 1 of each calendar year, commencing on August 1, 2010, based on the percentage change in the Consumer Price Index for the 12 months ended on June 30 of that calendar year. For a fraction of a year, the components of the #appreciation index# shall be set as specified in the #guidelines#. #HPD# may adjust the methodology for calculating the #appreciation index# not more than once every two years in accordance with the #guidelines#.

Commencement date

The “commencement date” is the date upon which #sales# for a percentage of #homeownership affordable housing units# in a #generating site# or #MIH site# set forth in the #guidelines# have been completed, except that, where one or more #homeownership affordable housing units# in #preservation affordable housing# or #substantial rehabilitation affordable housing# were occupied by #grandfathered tenants# on the #regulatory agreement date#, the #commencement date# is the #regulatory agreement date#.

Condominium association

A “condominium association” is an organization of condominium #homeowners#, with a form of governance specified in the #guidelines#, that manages the common areas and #capital elements# of a #generating site# or #MIH site#.

Cooperative corporation

A “cooperative corporation” is any corporation organized exclusively for the purpose of providing housing accommodations to shareholders who are persons or families entitled, by reason of ownership of shares in such corporation, to residential occupancy.

Down payment

The “down payment” is a payment that is not secured by any form of debt, made on or before the #sale date# by the #eligible buyer# approved by the #administering agent# to purchase a #homeownership affordable housing unit#.

Eligible buyer

An “eligible buyer” is a #household# that qualifies to buy a specific #homeownership affordable housing unit#. Such a #household# shall:

1. (a) except in the case of #succession# :
2. 1. (1) be, at the time of application for an initial #sale#, a #low income household#, #moderate income household#, #middle income household# or #qualifying household# for which, at the #initial price#, the combined cost of #monthly fees#, #mortgage payments#, utilities and property taxes that would be paid for a #homeownership affordable housing unit# is not more than 35 percent and not less than 25 percent of such #household's# income. However, for a #household# that resided on a #generating site# or #MIH site# on the date of submission of an #affordable housing plan#, #HPD# may waive the requirement that housing costs be not less than 25 percent of such #household’s# income;
   2. (2) be, at the time of application for a #resale#, in the case of an #affordable housing unit# initially limited to #sale# to a #low income household#, #moderate income household#, #middle income household# or #qualifying household#, any #household# for which, at the #maximum resale price#, the combined cost of #monthly fees#, #mortgage payments#, utilities and property taxes that would be paid for a #homeownership affordable housing unit# is not more than 35 percent and not less than 25 percent of such #household's# income;
   3. (3) have cash or equivalent assets that are at least equal to the required #down payment# for such #affordable housing unit#. However, #HPD# may waive this requirement for a #household# that resided on a #generating site# or #MIH site# on the date of submission of an #affordable housing plan# to #HPD#; and
   4. (4) meet such additional eligibility requirements as may be specified in the #guidelines#.
3. (b) in the case of #succession# :
4. 1. (1) be, at the time of application, a #household# for which, at the #maximum resale price#, the combined cost of #monthly fees#, #imputed mortgage payments#, utilities and property taxes for the subject #homeownership affordable housing unit# is not less than 25 percent of such #household's# income; and
   2. (2) meet such additional eligibility requirements as may be specified in the #guidelines#.
5. A #grandfathered tenant# is not an #eligible buyer# unless such #grandfathered tenant# has been certified by the #administering agent# to have an annual income at or below the #low income limit#, #moderate income limit# or #middle income limit#, as applicable to such #homeownership affordable housing unit# or, for #MIH sites#, meets such qualifications for eligibility specified in the #guidelines#.

Family member

“Family member” shall have the meaning set forth in the #guidelines#.

Homeowner

A “homeowner” is a person or persons who:

1. (a) owns a condominium #homeownership affordable housing unit# and occupies such condominium #homeownership affordable housing unit# in accordance with owner occupancy requirements set forth in the #guidelines#; or
2. (b) owns shares in a #cooperative corporation#, holds a proprietary lease for an #homeownership affordable housing unit# owned by such #cooperative corporation# and occupies such #homeownership affordable housing unit# in accordance with owner occupancy requirements set forth in the #guidelines#.

Homeownership

“Homeownership” is a form of tenure for housing, including #dwelling units# occupied by either the owner as a separate condominium, a shareholder in a #cooperative corporation# pursuant to the terms of a proprietary lease, a #grandfathered tenant# or an authorized sublettor pursuant to the #guidelines#.

Imputed mortgage payment

An “imputed mortgage payment” is the maximum #mortgage payment# at prevailing interest rates for a qualifying #mortgage# that could be paid to purchase a #homeownership affordable housing unit# at the #maximum resale price#, calculated in accordance with the #guidelines#.

Initial price

The “initial price” is the price at which a #homeownership affordable housing unit# may be offered for #sale# for the first time, pursuant to a #regulatory agreement#.

Maximum resale price

The “maximum resale price” for a #homeownership affordable housing unit# is the lesser of the #appreciated price# or the #appreciation cap# for such #homeownership affordable housing unit#.

Monthly fees

The “monthly fees” are any payments charged to a #homeowner# by a #cooperative corporation# or #condominium association# to provide for the reimbursement of the applicable #homeownership affordable housing unit’s# share of the expenses of such #cooperative corporation# or #condominium association#, as permitted by the #regulatory agreement#.

Mortgage

A “mortgage” is a mortgage loan, or a loan to purchase shares in a #cooperative corporation#, that has been approved by the #administering agent# and that has a fixed rate of interest, a term of at least 30 years at every #sale# and #resale#, a value not exceeding 90 percent of the #sale# price of such #homeownership affordable housing unit# at the time of the initial #sale# or 90 percent of the #maximum resale price# of such #homeownership affordable housing unit# at any time after the initial #sale#, and that is otherwise in compliance with the #guidelines#.

Mortgage payment

The “mortgage payment” is any monthly repayment of principal and interest on a #mortgage#.

Resale

A “resale” is any transfer of title to a condominium #homeownership affordable housing unit# after the first #sale# or any transfer of ownership of the shares in a #cooperative corporation# which are appurtenant to a #homeownership affordable housing unit# after the first #sale#.

Sale

A “sale” is the first transfer of title to a condominium #homeownership affordable housing unit# or the first transfer of ownership of the shares in a #cooperative corporation# which are appurtenant to an #homeownership affordable housing unit# on or after the #regulatory agreement date#.

Sale date

A “sale date” is the date of the #sale# or #resale# of any #homeownership affordable housing unit#. However, for #homeownership affordable housing units# in #preservation affordable housing# or #substantial rehabilitation affordable housing# occupied by #grandfathered tenants# on the #regulatory agreement date#, the initial #sale date# shall be the #regulatory agreement date#.

Succession

“Succession” is a #resale# from a #homeowner# to a #family member# of such #homeowner#.

23-92
General Provisions

The Inclusionary Housing Program is established to promote the creation and preservation of housing for residents with varied incomes in redeveloping neighborhoods and to enhance neighborhood economic diversity and thus to promote the general welfare. The requirements of this program are set forth in Section 23-90 (INCLUSIONARY HOUSING), inclusive.

Wherever the provisions of Section 23-90, inclusive, provide that approval is required, #HPD# may specify the form of such approval in the #guidelines#.

23-93
Applicability

23-931
Lower income housing plans approved prior to July 29, 2009

Any #lower income housing plan#, as defined by Section 23-93 prior to July 29, 2009, that has been approved by #HPD# prior to such date, and results, within one year after such approval, in the execution of a restrictive declaration pursuant to Section 23-95, paragraph (e), as such Section existed prior to July 29, 2009, shall be governed solely by the regulations in effect prior to July 29, 2009, unless a #regulatory agreement# with respect thereto specifically provides to the contrary. However, Section 23-953 (Additional requirements for compensated developments and MIH developments) shall apply to any permits or certificates of occupancy for #compensated developments# issued on or after July 29, 2009.

The #floor area ratio# of a #compensated development# may be increased in exchange for #lower income housing#, pursuant to a #lower income housing plan#, as both terms were defined by Section 23-93 prior to July 29, 2009, provided such #lower income housing# complies with all applicable provisions of Section 23-90 (INCLUSIONARY HOUSING) in effect prior to July 29, 2009, except as provided in this Section. Where such a #compensated development# is located in an R10 District outside of #Inclusionary Housing designated areas#, the provisions of paragraph (a) of Section 23-154 (Inclusionary Housing) shall not apply, and Section 23-941 (In R10 Districts other than Inclusionary Housing designated areas) as such Section existed prior to July 29, 2009, shall apply.

Any #lower income housing plan#, as such term was defined prior to July 29, 2009, that has been approved by #HPD# prior to such date, and any legal document related thereto, may be modified by #HPD#, to apply the provisions of paragraph (b) (Monthly rent), of Section 23-961 to such #lower income housing plan#.

23-932
R10 Districts

The Inclusionary Housing Program shall apply in all R10 Districts located in #Inclusionary Housing designated areas#, subject to the provisions of paragraph (b) of Section 23-154 (Inclusionary Housing) and in all R10 Districts located in #Mandatory Inclusionary Housing areas#, pursuant to the provisions of paragraph (d) of such Section. The Inclusionary Housing Program shall apply in all other R10 Districts, subject to the provisions of paragraph (a) of Section 23-154, as applicable.

23-933
Inclusionary Housing designated areas and Mandatory Inclusionary Housing areas

The Inclusionary Housing Program shall apply in #Inclusionary Housing designated areas# and #Mandatory Inclusionary Housing areas#.

The Inclusionary Housing Program shall also apply in special purpose districts when specific zoning districts or areas are defined as #Inclusionary Housing designated areas# or #Mandatory Inclusionary Housing areas# within the special purpose district.

The Inclusionary Housing Program shall also apply as a condition of City Planning Commission approval of special permits as set forth in Section 74-32 (Additional Considerations for Special Permit Use and Bulk Modifications), in Special Purpose Districts as set forth in Section 23-934 (Special permit approval in Special Purpose Districts) and in waterfront areas as set forth in Section 62-831 (General provisions).

#Inclusionary Housing designated areas# and #Mandatory Inclusionary Housing areas#, with the applicable income mix options for each #Mandatory Inclusionary Housing area#, are listed in APPENDIX F of this Resolution.

23-934
Special permit approval in Special Purpose Districts

Where a special purpose district includes a provision to grant modification of #use# or #bulk# by special permit of the City Planning Commission, and an application for such special permit would allow a significant increase in #residential# #floor area# where the special #floor area# requirements in #Mandatory Inclusionary Housing areas# of paragraph (d) of Section 23-154 (Inclusionary Housing) are not otherwise applicable, the Commission, in establishing the appropriate terms and conditions for the granting of such special permit, shall apply such requirements where consistent with the objectives of the Mandatory Inclusionary Housing program as set forth in Section 23-92 (General Provisions). However, where the Commission finds that such special permit application would facilitate significant public infrastructure or public facilities addressing needs that are not created by the proposed #development#, #enlargement# or #conversion#, or where the area affected by the special permit is eligible to receive transferred development rights pursuant to the Hudson River Park Act, as amended, the Commission may modify the requirements of such paragraph (d).

23-94
Methods of Providing Affordable Housing

1. (a) Except for #MIH developments#, #affordable housing# shall be either #new construction affordable housing#, #substantial rehabilitation affordable housing# or #preservation affordable housing#. For #MIH developments#, #affordable housing# shall be either #new construction affordable housing# or a #conversion# from non-#residential# to #residential use#. Such #conversions# shall comply with the requirements of Section 23- 90, inclusive, applicable to #new construction affordable housing#.
2. (b) When determining whether #affordable housing# is #new construction affordable housing#, #substantial rehabilitation affordable housing# or #preservation affordable housing# in order to calculate #floor area compensation#, or when making a determination of which #building# or #building segment# constitutes a #generating site#, #HPD# may separately consider each #building# or #building segment# on a #zoning lot#. Where any such #building# consists of two or more contiguous sections separated by walls or other barriers, #HPD# may consider all relevant facts and circumstances when determining whether to consider the sections of such #building# separately or collectively, including, but not limited to, whether such sections share systems, utilities, entrances, common areas or other common elements and whether such sections have separate deeds, ownership, tax lots, certificates of occupancy, independent entrances, independent addresses or other evidence of independent functional use.
3. (c) The amount of #affordable floor area# in any #generating site# or #MIH site# shall be determined based upon plans for such #generating site# or #MIH site# which have been approved by the Department of Buildings and which indicate thereon the amount of #floor area# devoted to #affordable housing# and the amount of #floor area# devoted to other #residential uses#. However, for #generating sites# where the Department of Buildings does not require #floor area# calculations, the amount of #affordable floor area# shall be determined by methods specified in the #guidelines#.
4. (d) The amount of #low income#, #moderate income# and #middle income floor area# in a #generating site# and the amount of qualifying #floor area# for any #income band# in an #MIH site# shall be determined by the same method as the calculation of #affordable floor area#.
5. (e) #Affordable housing units# shall be either rental #affordable housing# or #homeownership affordable housing#.
6. (f) An #MIH site# that is part of an #MIH zoning lot# and contains no #dwelling units# other than #affordable housing units# shall be either a #building# that:
7. 1. (1) shares a common #street# entrance with another #building# on the #zoning lot# that contains #dwelling units# other than #affordable housing units#; or
   2. (2) is independent, from grade at the #street wall line# to the sky, of any other #building# on the #zoning lot# containing #dwelling units# other than #affordable housing units#. Such #building# shall have its primary entrance on a #street# frontage that has primary entrances for other #residential buildings#, except where #HPD# determines that the primary entrance is located in a manner that does not stigmatize occupants of #affordable housing units#.

23-95
Compensated Zoning Lots and MIH Zoning Lots

The #residential floor area ratio# of a #compensated zoning lot# may be increased, and the #residential floor area ratio# of an #MIH zoning lot# shall be determined, in accordance with the applicable provisions of Section 23-154 (Inclusionary Housing).

23-951
Height and setback for compensated developments in Inclusionary Housing designated areas

In #Inclusionary Housing designated areas#, the #compensated development# shall comply with the height and setback regulations of Sections 23-66 or 35-65 (Height and Setback Requirements for Quality Housing Buildings) as applicable, except that:

1. (a) in #Special Mixed Use Districts#, the #compensated development# shall comply with the provisions of paragraphs (a) or (b) of Section 123-662 (All buildings in Special Mixed Use Districts with R6, R7, R8, R9 and R10 District designations), as applicable. However, where the #Residence District# designation is an R6 District without a letter suffix, the #compensated development# shall comply with the height and setback regulations of Section 23-66, regardless of whether the #building# is #developed# or #enlarged# pursuant to the Quality Housing Program;
2. (b) in R10 Districts without a letter suffix, the #compensated development# shall comply with the underlying height and setback regulations for such district; and
3. (c) on #waterfront blocks# and in R7-3 Districts, the #compensated development# shall comply with the special regulations applying in the #waterfront area# set forth in Section 62-30 (SPECIAL BULK REGULATIONS), inclusive.

23-952
Height and setback in Mandatory Inclusionary Housing areas

In #Mandatory Inclusionary Housing areas#, the provisions of Section 23-951 shall apply to #MIH developments#, except as modified in this Section.

1. (a) In R9 Districts without a letter or number suffix, the regulations of Section 23-651 (Tower-on-a-base) may apply, provided such #MIH development# is on a #zoning lot# that meets the requirements set forth in paragraph (a) of Section 23-65 (Tower Regulations).
2. (b) In R6 through R9 Districts without a letter suffix within #Mandatory Inclusionary Housing areas#, the height and setback regulations of Section 23-64 (Basic Height and Setback Regulations) may apply, except that towers shall not be permitted in an R9-1 District. In addition, for R9 Districts without a letter or number suffix that do not meet the requirements of paragraphs (a) and (c) of Section 23-65 (Tower Regulations), the tower provisions of Section 23-652 (Standard tower) may apply, subject to the #lot coverage# provisions of Section 23-65. However, when the height and setback and tower regulations specified in this paragraph are utilized, the maximum #floor area ratio# on an #MIH zoning lot# shall be determined in accordance with the provisions of Section 23- 151 (Basic regulations for R6 through R9 Districts).

23-953
Additional requirements for compensated developments and MIH developments

1. (a) #Compensated development# or #MIH development# building permits
2. 1. (1) #HPD# may issue a #permit notice# to the Department of Buildings at any time on or after the #regulatory agreement date#. The Department of Buildings may thereafter issue building permits to a #compensated development# that utilizes #floor area compensation# or an #MIH development#, based on the #affordable housing# or contribution to the #affordable housing fund# described in such #permit notice#.
   2. (2) If #HPD# does not receive confirmation that the #regulatory agreement# has been recorded within 45 days after the later of the #regulatory agreement date# or the date upon which #HPD# authorizes the recording of the #regulatory agreement#, #HPD# shall suspend or revoke such #permit notice#, notify the Department of Buildings of such suspension or revocation and not reinstate such #permit notice# or issue any new #permit notice# until #HPD# receives confirmation that the #regulatory agreement# has been recorded or any applicable alternate procedure has been completed. Upon receipt of notice from #HPD# that a #permit notice# has been suspended or revoked, the Department of Buildings shall suspend or revoke each building permit issued pursuant to such #permit notice# which is then in effect for any #compensated development# or #MIH development#.
3. (b) #Compensated development# or #MIH development# certificates of occupancy
4. 1. (1) The Department of Buildings shall not issue a temporary or permanent certificate of occupancy for any portion of the #compensated development# that utilizes #floor area compensation# or #MIH development# until #HPD# has issued a #completion notice# with respect to the #affordable housing# that generates such #floor area compensation# or satisfies the requirements of paragraph (d) of Section 23-154 (Inclusionary Housing) or any modification of such provisions by special permit of the Board of Standards and Appeals pursuant to Section 73-624 (Reduction or modification of Mandatory Inclusionary Housing requirements). However, where any #story# of a #compensated development# or #MIH development# contains one or more #affordable housing units#, the Department of Buildings may issue any temporary or permanent certificate of occupancy for such #story# if such temporary or permanent certificate of occupancy either includes each #affordable housing unit# located in such #story# or only includes #dwelling units# or #rooming units# that are #affordable housing units#. Nothing in the preceding sentence shall be deemed to prohibit the granting of a temporary or permanent certificate of occupancy for a #super's unit#.
   2. (2) #HPD# shall not issue a #completion notice# with respect to any portion of any #generating site# or #MIH site# unless:
   3. 1. (i) the Department of Buildings has issued temporary or permanent certificates of occupancy for all #affordable housing# described in such #completion notice# and such certificates of occupancy have not expired, been suspended or been revoked; or
      2. (ii) where a #generating site# contains #affordable housing# that had a valid certificate of occupancy on the #regulatory agreement date# and no new temporary or permanent certificate of occupancy is thereafter required for the creation of such #affordable housing#, #HPD# has determined that all renovation and repair work required by the applicable #regulatory agreement# has been completed and all obligations with respect to the creation of such #affordable housing# have been fulfilled in accordance with the applicable #regulatory agreement#.

23-96
Requirements for Generating Sites or MIH Sites

#Affordable housing# in a #generating site# or #MIH site# shall meet each of the requirements set forth in this Section for the entire #regulatory period#.

1. (a) Location of #generating site# or #MIH site# and #compensated zoning lot# or #MIH zoning lot#
   
   Where a #generating site# or #MIH site# is not located within the #compensated zoning lot# for which it generates #floor area compensation# or the #MIH zoning lot#, as applicable:
2. 1. (1) the #generating site# or #MIH site# and the #compensated zoning lot# or #MIH zoning lot#, as applicable, shall be located within the same Community District; or
   2. (2) the #generating site# or #MIH site# and the #compensated zoning lot# or #MIH zoning lot#, as applicable, shall be located in adjacent community districts and within one-half mile of each other, measured from the perimeter of each #zoning lot#.
   3. However, special rules for the location of a #generating site# and a #compensated zoning lot# apply in Community District 1, Borough of Brooklyn, where the provisions of paragraph (a)(2) of this Section shall apply only to adjacent community districts located in the Borough of Brooklyn; in the #Special Clinton District#, pursuant to the provisions of Section 96-21 (Special Regulations for 42nd Street Perimeter Area); in the #Special Downtown Jamaica District#, pursuant to the provisions of Section 115-211 (Special Inclusionary Housing regulations); and in the #Special Southern Hunters Point District#, pursuant to the provisions of Section 125-22 (Newtown Creek Subdistrict).
3. (b) Distribution of #affordable housing units#
   
   In #new construction affordable housing# or #substantial rehabilitation affordable housing#, where one or more of the #dwelling units# or #rooming units# in a #generating site#, other than any #super's unit#, are not #affordable housing units# :
4. 1. (1) the #affordable housing units# shall be distributed on not less than 65 percent of the #residential stories# of such #generating site# or, if there are insufficient #affordable housing units# to comply with this requirement, the distribution of #affordable housing units# shall be as specified in the #guidelines#; and
   2. (2) not more than one-third of the #dwelling units# and #rooming units# on any #story# of such #generating site# shall be #affordable housing units#, unless not less than one-third of the #dwelling units# and #rooming units# on each #residential story# of such #generating site# are #affordable housing units#. However, on a #residential story# with fewer than three #dwelling units# or #rooming units#, only one #dwelling unit# or #rooming unit# may be an #affordable housing unit#, unless not less than one #dwelling unit# or #rooming unit# on each floor is an #affordable housing unit#.
   3. In an #MIH site#, where one or more of the #dwelling units# or #rooming units#, other than any #super's unit#, are not #affordable housing units#, the #affordable housing units# shall share a common primary entrance with the other #dwelling units# or #rooming units#.
   4. In addition, except where all #affordable housing units# are rental #affordable housing# and all other #dwelling units# are #homeownership# housing, any #affordable housing units# other than #supportive housing units# or #affordable independent residences for seniors# shall be distributed on at least 65 percent of the #residential stories# of such #MIH site# or, if there are insufficient #affordable housing units# to comply with this requirement, the distribution of #affordable housing units# shall be as specified in the #guidelines#.
   5. However, #HPD# may waive such distribution requirements for any #new construction affordable housing# that is participating in a Federal, State or local program where such #generating site# or #MIH site# cannot comply with both the regulations of such Federal, State or local program and those of this Section. In addition, #HPD# may waive these requirements for #substantial rehabilitation affordable housing#, or for #affordable floor area# created in an #MIH site# through #enlargement#, as specified in the #guidelines#.
5. (c) Bedroom mix of #affordable housing units#
6. 1. (1) In #new construction affordable housing# and #substantial rehabilitation affordable housing#, where one or more of the #dwelling units# in a #generating site# or #MIH site#, other than any #super’s unit#, are not #affordable housing units#, either:
   2. 1. (i) the #dwelling units# in the #generating site# or #MIH site# that are #affordable housing units# shall contain a bedroom mix at least proportional to the bedroom mix of the #dwelling units# in the #generating site#, other than any #super’s unit#, that are not #affordable housing units#; or
      2. (ii) not less than 50 percent of the #dwelling units# in the #generating site# or #MIH site# that are #affordable housing units# shall contain two or more bedrooms and not less than 75 percent of the #dwelling units# in the #generating site# or #MIH site# that are #affordable housing units# shall contain one or more bedrooms.
      3. However, such bedroom mix requirements shall not apply to #affordable independent residences for seniors# in an #MIH site#. #HPD# may also waive such bedroom mix requirements for any #new construction affordable housing# that either is participating in a Federal, State or local program where such #generating site# or #MIH site# cannot comply with both the regulations of such Federal, State or local program and those of this Section, or is located on an #interior lot# or #through lot# with less than 50 feet of frontage along any #street#. In addition, #HPD# may waive these requirements for #substantial rehabilitation affordable housing# or #affordable floor area# created in an #MIH site# through #enlargement#, as specified in the #guidelines#.
   3. (2) Where all of the #dwelling units# in a #generating site# or #MIH site#, other than any #super's unit#, in #new construction affordable housing# and #substantial rehabilitation affordable housing# are #affordable housing units#, not less than 50 percent of such #affordable housing units# shall contain two or more bedrooms and not less than 75 percent of such #affordable housing units# shall contain one or more bedrooms. However, such bedroom mix requirements shall not apply to #affordable independent residences for seniors# in an #MIH site#. #HPD# may also waive these requirements for any #affordable housing# that is participating in a Federal, State or local program where such #generating site# or #MIH site# cannot comply with both the regulations of such Federal, State or local program and those of this Section. In addition, #HPD# may waive these requirements for #substantial rehabilitation affordable housing# or #affordable floor area# created in an #MIH site# through #enlargement#, as specified in the #guidelines#.
   4. (3) All of the #supportive housing units# in a #generating site# or #MIH site# shall be #affordable housing units# and shall contain such configuration as #HPD# shall require.
   5. (4) For purposes of this paragraph, (c), inclusive, fractions equal to or greater than one-half resulting from any calculation shall be considered to be one #dwelling unit#.
7. (d) Size of #affordable housing units#
8. 1. (1) In #new construction affordable housing# and #substantial rehabilitation affordable housing#, an #affordable housing unit# in a #generating site# shall contain not less than:
   2. 1. (i) 400 square feet of #floor area# within the perimeter walls for a zero bedroom #dwelling unit#; or
      2. (ii) 575 square feet of #floor area# within the perimeter walls for a one bedroom #dwelling unit#; or
      3. (iii) 775 square feet of #floor area# within the perimeter walls for a two bedroom #dwelling unit#; or
      4. (iv) 950 square feet of #floor area# within the perimeter walls for a three bedroom #dwelling unit#.
      5. For an #MIH site#, the average size of #affordable housing units# of a particular bedroom count shall be not less than either the average size of #dwelling units# that are not #affordable housing units# with the same number of bedrooms, or the minimum size specified above for a #dwelling unit# of a particular bedroom count, whichever is less.
      6. However, these unit size requirements shall not apply to #affordable independent residences for seniors# in an #MIH site#. #HPD# may also waive such unit size requirements for any #new construction affordable housing# that is participating in a Federal, State or local program where such #generating site# cannot comply with both the regulations of such Federal, State or local program and those of this Section. In addition, #HPD# may waive these requirements for #substantial rehabilitation affordable housing# or #affordable floor area# created in an #MIH site# through #enlargement#, as specified in the #guidelines#.
      7. For an #MIH site#, #HPD# may specify the method of measuring #floor area# within #affordable housing
   3. (2) Where all of the #dwelling units# in a #generating site# or #MIH site#, other than any #super’s unit#, in #new construction# or #substantial rehabilitation affordable housing# are #affordable housing units#, #HPD# may waive such square footage requirements for any #affordable housing unit# that is participating in a Federal, State or local program where such #generating site# or #MIH site# cannot comply with both the regulations of such Federal, State or local program and those of this Section. In addition, #HPD# may waive such square footage requirements for #substantial rehabilitation affordable housing# or #affordable floor area# created in an #MIH site# through #enlargement#, as specified in the #guidelines#.
   4. (3) #Supportive housing units# shall comply with the size requirements specified by #HPD#.
9. (e) #Administering agent#
10. 1. (1) #HPD# shall approve each #administering agent# and may revoke such approval at any time before or during the #regulatory period#.
    2. (2) For #generating sites#, an #administering agent# shall be a not-for-profit entity and shall not be, or be an affiliate of, an owner or managing agent of the #generating site#, unless #HPD# approves such owner, managing agent or affiliate to serve as the #administering agent# upon a determination that either:
    3. 1. (i) the #affordable housing# is participating in a Federal, State or local program that provides adequate independent means of ensuring compliance with the #regulatory agreement#; or
       2. (ii) the owner and any such managing agent or affiliate are not-for-profit entities and there are adequate safeguards to ensure that such entities comply with the #regulatory agreement#.
    4. (3) For #MIH sites#, the #administering agent# may be selected as provided for #generating sites#, or #HPD# may require that the #administering agent# be selected from a list of qualified not-for-profit or public entities as specified in the #guidelines#.
    5. (4) For a period of time specified in the #guidelines#, the #administering agent# shall maintain all records setting forth the facts that form the basis of any affidavit submitted to #HPD#. The #administering agent# shall maintain such records, and such other records as #HPD# may require, at the offices of the #administering agent# or at such other location as may be approved by #HPD#. The #administering agent# shall make such records, and all facets of the operations of the #administering agent#, available for inspection and audit by #HPD# upon request.
11. (f) #Regulatory agreement#
    
    The following provisions shall apply to #generating sites# :
12. 1. (1) the #regulatory agreement# shall require compliance with and shall incorporate by reference the #affordable housing plan# and the applicable provisions of this Zoning Resolution and the #guidelines# and shall contain such additional terms and conditions as #HPD# deems necessary;
    2. (2) the #regulatory agreement# shall require that #HPD# be provided with documentation indicating the amount of #affordable floor area#. For #new construction affordable housing# or #substantial rehabilitation affordable housing#, such documentation shall include, but shall not be limited to, plans meeting the requirements of paragraph (c) of Section 23-94;
    3. (3) the #regulatory agreement# shall be recorded against all tax lots comprising the portion of the #zoning lot# within which the #generating site# is located and shall set forth the obligations, running with such tax lots, of the owner and all successors in interest to provide #affordable housing# in accordance with the #affordable housing plan# for the entire #regulatory period#;
    4. (4) #affordable housing# may serve to secure debt with the prior approval of #HPD#. Any lien securing such debt shall be subordinated to the #regulatory agreement#;
    5. (5) the #regulatory agreement# may, but shall not be required to, provide that such #regulatory agreement# may be terminated prior to the issuance of a temporary or permanent certificate of occupancy for any #compensated development# by the Department of Buildings; and
    6. (6) where all of the #dwelling units#, #rooming units# or #supportive housing units# in a #generating site#, other than any #super's unit#, are #affordable housing units#, the #regulatory agreement# shall provide that, following a default and any applicable opportunity to cure, #HPD# may, in addition to any other remedies provided therein or by applicable law:
    7. 1. (i) appoint a receiver to manage such #generating site#; or
       2. (ii) take control of the board of directors of any housing development fund company or not-for-profit corporation that owns, controls or operates such #generating site#.
    8. (7) Where applicable in accordance with paragraph (b) (Monthly rent) of Section 23- 961, the #regulatory agreement# shall provide that certain obligations shall survive the #regulatory period#.
       
       For #MIH sites#, the following provisions shall apply:
    9. (8) The #regulatory agreement# shall require compliance with and shall incorporate by reference the #MIH application# and the applicable provisions of this Zoning Resolution and the #guidelines# and shall contain such additional terms and conditions as #HPD# deems necessary.
    10. (9) The #regulatory agreement# shall require that #HPD# be provided with documentation indicating the amount of #affordable floor area#. For #new construction affordable housing# such documentation shall include, but shall not be limited to, plans meeting the requirements of paragraph (c) of Section 23-94.
    11. (10) The #regulatory agreement# shall be recorded against all tax lots comprising the portion of the #zoning lot# within which the #MIH site# is located and shall set forth the obligations, running with such tax lots, of the owner and all successors in interest to provide #affordable housing# in accordance with the #MIH application# for the entire #regulatory period#.
    12. (11) Where applicable in accordance with paragraph (b) (Monthly rent) of Section 23- 961, the #regulatory agreement# shall provide that certain obligations shall survive the #regulatory period#.
13. (g) Housing standards
    
    Upon the date that #HPD# issues the #completion notice#, the #generating site# or #MIH site# shall be entirely free of violations of record issued by any City or State agency pursuant to the Multiple Dwelling Law, the Building Code, the Housing Maintenance Code and this Zoning Resolution, except as may be otherwise provided in the #guidelines# with respect to non-hazardous violations in occupied #affordable housing units# of #preservation affordable housing# or #substantial rehabilitation affordable housing#.
14. (h) Insurance
    
    The #affordable housing# in a #generating site# or #MIH site# shall at all times be insured against any damage or destruction in an amount not less than the replacement value of such #affordable housing#. Any insurance proceeds resulting from damage or destruction of all or part of the #generating site# or #MIH site# containing such #affordable housing# shall be used first to restore any damaged or destroyed #affordable housing#, except that #HPD# may provide priority for lenders participating in the financing of #affordable housing# that is assisted under City, State or Federal programs.
15. (i) Duration of obligations
    
    The obligation to provide and maintain a specified amount of #affordable housing# on a #generating site# or #MIH site# shall run with the #zoning lot# containing such #generating site# or #MIH site# for not less than the #regulatory period#. If any portion of such #affordable housing# is damaged or destroyed, no #floor area# shall be #developed#, reconstructed or repaired on such #zoning lot#, and no #development#, #enlargement#, extension or change of #use# shall occur on such #zoning lot#, unless:
16. 1. (1) the amount of such #floor area# devoted to #affordable housing# is not less than the #floor area# of the #affordable housing# that was damaged or destroyed; or
    2. (2) 100 percent of such #developed#, reconstructed or repaired #floor area# is #affordable housing#.
17. (j) One #generating site# or #MIH site# may satisfy requirements for multiple #compensated zoning lots# or #MIH zoning lots#, as applicable
    
    Any #generating site# or #MIH site# may contain #affordable housing# that satisfies the requirements of Section 23-90, inclusive, for more than one #compensated development# or #MIH development#, as applicable, provided that no #affordable floor area# shall be counted more than once in determining the amount of #floor area compensation# for such #compensated developments# or in satisfying the #floor area# provisions for #zoning lots# in paragraph (d) of Section 23-154 (Inclusionary Housing).
18. (k) #Guidelines#
    
    #HPD# shall adopt and may modify #guidelines# for the implementation of the provisions of Section 23-90, inclusive.

23-961
Additional requirements for rental affordable housing

The additional requirements of this Section shall apply to rental #affordable housing# on a #generating site# or #MIH site# for the entire #regulatory period#.

1. (a) Tenant selection
2. 1. (1) Upon #rent-up# and any subsequent vacancy for the entire #regulatory period#, #affordable housing units# shall only be leased to and occupied by #low income households#, #moderate income households# and #middle income households#, as applicable for #generating sites#, or to #qualifying households#, as applicable, for #MIH sites#. No lease or sublease of an #affordable housing unit# shall be executed, and no tenant or subtenant shall commence occupancy of an #affordable housing unit#, without the prior approval of the #administering agent#.
   2. (2) A tenant may, with the prior approval of the #administering agent#, sublet an #affordable housing unit# for not more than a total of two years, including the term of the proposed sublease, out of the four-year period preceding the termination date of the proposed sublease. The aggregate payments made by any sublessee in any calendar month shall not exceed the #monthly rent# that could be charged to the sublessor in accordance with the #regulatory agreement#.
   3. (3) A #low income household# or #qualifying household# may rent an #affordable housing unit# that is restricted to occupancy by #moderate income# or #middle income households#, or by #qualifying households# of higher income levels, provided that the #administering agent# determines that such #low income household# or #qualifying household# is able to utilize rent subsidies pursuant to Section 8 of the United States Housing Act of 1937, as amended, to afford the applicable #monthly rent#.
3. (b) Monthly rent
4. 1. (1) Unless alternative provisions are established in the #regulatory agreement# or #guidelines# for #MIH sites#, the #regulatory agreement# shall provide that each #affordable housing unit# shall be registered with the Division of Housing and Community Renewal at the initial #monthly rent# established by #HPD# within 60 days following the #rent-up date# and shall thereafter remain subject to #rent stabilization# for the entire #regulatory period# and thereafter until vacancy. However, the #regulatory agreement# may permit an alternative date by which any #affordable housing units# that are vacant on the #rent-up date# shall be registered with the Division of Housing and Community Renewal at the initial #monthly rent# established by #HPD#
   2. 1. (i) However, any #affordable housing unit# of #preservation affordable housing# or #substantial rehabilitation affordable housing# that is both occupied by a #grandfathered tenant# and subject to the Emergency Housing Rent Control Law on the #regulatory agreement date# shall remain subject to the Emergency Housing Rent Control Law until the first vacancy following the #regulatory agreement date# and shall thereafter be subject to #rent stabilization# as provided herein.
      2. (ii) The #regulatory agreement# shall provide that upon each annual registration of an #affordable housing unit# with the Division of Housing and Community Renewal, the #legal regulated rent# for such #affordable housing unit# shall be registered with the Division of Housing and Community Renewal at an amount not exceeding the #maximum monthly rent#. However, the #regulatory agreement# shall provide that this requirement shall not apply to an #affordable housing unit# occupied by a #grandfathered tenant# until the first vacancy after the #regulatory agreement date#.
   3. (2) Unless alternative provisions are established in the #regulatory agreement# or #guidelines# for #MIH sites#, the #regulatory agreement# shall provide that the #monthly rent# charged to the tenant of any #affordable housing unit# at #initial occupancy# and in each subsequent renewal lease shall not exceed the lesser of the #maximum monthly rent# or the #legal regulated rent#. However, the #regulatory agreement# shall provide that these requirements shall not apply to an #affordable housing unit# occupied by a #grandfathered tenant#, until the first vacancy after the #regulatory agreement date#.
      
      However, for #supportive housing units# or #affordable independent residences for seniors# on #MIH sites#, the #monthly rent# may exceed the #maximum monthly rent#, provided that it does not exceed the HUD Fair Market Rent for such unit, and that the #monthly rent#, less rent subsidies pursuant to Section 8 of the United States Housing Act of 1937, does not exceed the lesser of the #maximum monthly rent# or the #legal regulated rent#.
   4. (3) Within 60 days following the #rent-up date#, the #administering agent# shall submit an affidavit to #HPD# attesting that the #monthly rent# registered and charged for each #affordable housing unit# complied with the applicable #monthly rent# requirements at the time of #initial occupancy#.
   5. (4) Each year after #rent-up#, in the month specified in the #regulatory agreement# or the #guidelines#, the #administering agent# shall submit an affidavit to #HPD# attesting that each lease or sublease of an #affordable housing unit# or renewal thereof during the preceding year complied with the applicable #monthly rent# requirements at the time of execution of the lease or sublease or renewal thereof.
   6. (5) For any #affordable housing unit# subject to #rent stabilization#, the applicable #regulatory agreement# shall provide that the lessor of an #affordable housing unit# shall not utilize any exemption or exclusion from any requirement of #rent stabilization# to which such lessor might otherwise be or become entitled with respect to such #affordable housing unit#, including, but not limited to, any exemption or exclusion from the rent limits, renewal lease requirements, registration requirements, or other provisions of #rent stabilization#, due to:
   7. 1. (i) the vacancy of a unit where the #legal regulated rent# exceeds a prescribed maximum amount;
      2. (ii) the fact that tenant income or the #legal regulated rent# exceeds prescribed maximum amounts;
      3. (iii) the nature of the tenant; or
      4. (iv) any other reason.
   8. (6) Unless alternative provisions are established in the #regulatory agreement# or #guidelines# for #MIH sites#, the #regulatory agreement# and each lease of an #affordable housing unit# shall contractually require the lessor of each #affordable housing unit# to grant all tenants the same rights that they would be entitled to under #rent stabilization# without regard to whether such #affordable housing unit# is statutorily subject to #rent stabilization#. If any court declares that #rent stabilization# is statutorily inapplicable to an #affordable housing unit#, such contractual rights shall thereafter continue in effect for the remainder of the #regulatory period#.
   9. (7) Unless alternative provisions are established in the #regulatory agreement# or #guidelines# for #MIH sites#, the #regulatory agreement# shall provide that each #affordable housing unit# that is occupied by a tenant at the end of the #regulatory period# shall thereafter remain subject to #rent stabilization# for not less than the period of time that such tenant continues to occupy such #affordable housing unit#, except that any occupied #affordable housing unit# that is subject to the Emergency Housing Rent Control Law at the end of the #regulatory period# shall remain subject to the Emergency Housing Rent Control Law until the first vacancy.
5. (c) Income
6. 1. (1) Each #affordable housing unit# on a #generating site# shall be leased to and occupied by #low income households#, #moderate income households# or #middle income households#, as applicable, for the entire #regulatory period#. Each #affordable housing unit# on an #MIH site# shall be leased to and occupied by #qualifying households# for the entire #regulatory period#.
   2. (2) The #administering agent# shall verify the #household# income of the proposed tenant prior to leasing any vacant #affordable housing unit# in order to ensure that it is a #low income household#, #moderate income household#, #middle income household# or #qualifying household#, as applicable.
   3. (3) Within 60 days following the #rent-up date#, the #administering agent# shall submit an affidavit to #HPD# attesting that each #household# occupying an #affordable housing unit# complied with the applicable income eligibility requirements at the time of #initial occupancy#.
   4. (4) Each year after #rent-up#, in the month specified in the #regulatory agreement# or the #guidelines#, the #administering agent# shall submit an affidavit to #HPD# attesting that each #household# that commenced occupancy of a vacant #affordable housing unit# during the preceding year, and each #household# that subleased an #affordable housing unit# during the preceding year, complied with the applicable income eligibility requirements at the time of #initial occupancy#.
7. (d) #Affordable housing plan# and #MIH application#
   
   The following shall apply to #affordable housing plans# :
8. 1. (1) An #affordable housing plan# shall designate the initial #administering agent#, include the agreement with the initial #administering agent#, state how #administering agents# may be removed, state how a new #administering agent# may be selected upon the removal or other departure of any #administering agent#, include the building plans, state the number and bedroom mix of the #affordable housing units# to be #developed#, rehabilitated or preserved, indicate how tenants will be selected at #rent-up# and upon each subsequent vacancy of an #affordable housing unit#, indicate how the #household# income of each prospective tenant will be verified prior to such #household's initial occupancy# of an #affordable housing unit# and include such additional information as #HPD# deems necessary
   2. (2) An #affordable housing plan# shall demonstrate the feasibility of creating and maintaining #affordable housing# in accordance with Section 23-90 (INCLUSIONARY HOUSING), inclusive, including that:
   3. 1. (i) there will be sufficient revenue to provide for adequate maintenance, operation and administration of the #affordable housing#;
      2. (ii) #affordable housing units# will be leased to eligible #households# by a responsible #administering agent# at #rent-up# and upon each subsequent vacancy; and
      3. (iii) tenants will be selected in an equitable manner in accordance with laws prohibiting discrimination and all other applicable laws.
   4. (3) A copy of any proposed #affordable housing plan# shall be delivered to the affected Community Board, which may review such proposal and submit comments to #HPD#. #HPD# shall not approve a proposed #affordable housing plan# until the earlier of:
   5. 1. (i) the date that the affected Community Board submits comments regarding such proposal to #HPD# or informs #HPD# that such Community Board has no comments; or
      2. (ii) 45 days from the date that such proposal was submitted to the affected Community Board.
   6. The following shall apply to #MIH applications# :
   7. (4) An #MIH application# shall designate the initial #administering agent#, where applicable, and include the building plans, state the number, bedroom mix and #monthly rents# of the #affordable housing units# to be #developed# or #converted#, and include such additional information as #HPD# deems necessary to ensure the satisfaction of the requirements of Section 23-90, inclusive.
   8. (5) A copy of any #MIH application# shall be delivered, concurrently with its submission to #HPD#, to the affected Community Board.
9. (e) Special requirements for rental #preservation affordable housing#
   
   The additional requirements of this paragraph (e), shall apply to rental #preservation affordable housing# :
10. 1. (1) all of the #dwelling units#, #rooming units# and #supportive housing units# in the #generating site#, other than any #super's unit#, shall be #affordable housing units# that are leased to and occupied by #low income households# for the entire #regulatory period#;
    2. (2) on the #regulatory agreement date#, the average of the #legal regulated rents# for all #affordable housing units# in the #generating site# that are occupied by #grandfathered tenants# shall not exceed 30 percent of the #low income limit# divided by 12;
    3. (3) on the #regulatory agreement date#, #HPD# shall have determined that the condition of the #generating site# is sufficient, or will be sufficient after required improvements specified in the #affordable housing plan# and the #regulatory agreement#, to ensure that, with normal maintenance and normal scheduled replacement of #capital elements#, the #affordable housing units# will provide a decent, safe and sanitary living environment for the entire #regulatory period#;
    4. (4) on the #regulatory agreement date#, #HPD# shall have determined either that no #capital element# is likely to require replacement within 30 years from the #regulatory agreement date# or that, with regard to any #capital element# that is likely to require replacement within 30 years from the #regulatory agreement date#, a sufficient reserve has been established to fully fund the replacement of such #capital element#;
    5. (5) except with the prior approval of #HPD#, #monthly rents# charged for #affordable housing units# shall not be increased to reflect the costs of any repair, renovation, rehabilitation or improvement performed in connection with qualification as a #generating site#, even though such increases may be permitted by other laws; and
    6. (6) such #affordable housing# shall comply with such additional criteria as may be specified by #HPD# in the #guidelines#.
11. (f) Special requirements for rental #substantial rehabilitation affordable housing#
    
    The additional requirements of this paragraph, (f), shall apply to rental #substantial rehabilitation affordable housing# :
12. 1. (1) such #affordable housing# shall be created through the rehabilitation of a #generating site# at a cost per completed #affordable housing
    2. (2) on the #regulatory agreement date#, the average of the #legal regulated rents# for all #affordable housing units# in the #generating site# that are occupied by #grandfathered tenants# shall not exceed 30 percent of the #low income limit# divided by 12;
    3. (3) on the #regulatory agreement date#, #HPD# shall have determined that the condition of such #generating site# is sufficient, or will be sufficient after required improvements specified in the #affordable housing plan# and the #regulatory agreement#, to ensure that, with normal maintenance and normal scheduled replacement of #capital elements#, the #affordable housing units# will provide a decent, safe and sanitary living environment for the entire #regulatory period#;
    4. (4) on the #regulatory agreement date#, #HPD# shall have determined either that no #capital element# is likely to require replacement within 30 years from the #regulatory agreement date# or that, with regard to any #capital element# that is likely to require replacement within 30 years from the #regulatory agreement date#, a sufficient reserve has been established to fully fund the replacement of such #capital element#;
    5. (5) except with the prior approval of #HPD#, #monthly rents# charged for #affordable housing units# shall not be increased to reflect the costs of any repair, renovation, rehabilitation or improvement performed in connection with qualification as a #generating site#, even though such increases may be permitted by other laws; and
    6. (6) such #affordable housing# shall comply with such additional criteria as may be specified by #HPD# in the #guidelines#.

23-962
Additional requirements for homeownership affordable housing

The additional requirements of this Section shall apply to #homeownership affordable housing# on a #generating site# or #MIH site# for the entire #regulatory period#.

1. (a) Homeowner selection
2. 1. (1) Upon #sale#, #homeownership affordable housing units# shall only be occupied by #eligible buyers# that are #low income households#, #moderate income households#, #middle income households# or, for #MIH sites#, #qualifying households#, as applicable. Upon any subsequent #resale# for the entire #regulatory period#, #homeownership affordable housing units# shall be sold to and occupied by #eligible buyers# at or below the #maximum resale price# on the #sale date#, as applicable. No #homeownership affordable housing unit# shall be sold to or occupied by any #household# or any other person without the prior approval of the #administering agent#.
   2. (2) A #homeowner# may, with the prior approval of the #administering agent#, sublet a #homeownership affordable housing unit# to another #low income household#, #moderate income household#, #middle income household#, #eligible buyer# or, for #MIH sites#, #qualifying households#, as applicable, for not more than a total of two years, including the term of the proposed sublease, out of the four-year period preceding the termination date of the proposed sublease. The aggregate payments made by any sublessee in any calendar month shall not exceed the combined cost of #monthly fees#, #mortgage payments#, utilities and property taxes paid by the sublessor.
   3. (3) A #homeowner# shall reside in the #homeownership affordable housing unit#, except as provided in paragraph (a)(2) of this Section.
   4. (4) The restrictions in this paragraph, (a), on the ownership of #homeownership affordable housing units# shall not prevent the exercise of a valid lien by a #mortgage# lender, #cooperative corporation#, #condominium association# or any other entity authorized by the #regulatory agreement# to take possession of a #homeownership affordable housing unit# in the event of default by the #homeowner#. However, any #sale# or #resale# by such lien holder shall be to an #eligible buyer#, in accordance with this paragraph, (a), and the #guidelines#.
3. (b) Price
4. 1. (1) The #initial price# or #maximum resale price# of any #homeownership affordable housing unit# shall be set assuming a #mortgage#, as defined in Section 23-913 (Definitions applying to homeownership generating sites).
   2. (2) The #regulatory agreement# shall establish the #initial price# for each #homeownership affordable housing unit#. #HPD# shall set the #initial price# to ensure that the combined cost of #monthly fees#, #mortgage payments#, utilities and property taxes to be paid directly by the #homeowner# will not exceed 30 percent of the #low income limit#, #moderate income limit# or #middle income limit#, as applicable. For #MIH sites#, #HPD# shall establish the #initial price# based on the incomes of #qualifying households# in accordance with the #guidelines#.
   3. (3) Prior to any #resale# of a #homeownership affordable housing unit#, the #administering agent# shall set the #maximum resale price# for such #homeownership affordable housing unit#.
   4. (4) The #administering agent# shall not approve any #resale# unless the selected #eligible buyer# provides a #down payment#, as specified in the #guidelines#.
   5. (5) A #homeownership affordable housing unit#, or any shares in a #cooperative corporation# appurtenant thereto, shall not secure any debt unless such debt is a #mortgage# that has been approved by the #administering agent#.
5. (c) Income
6. 1. (1) The #administering agent# shall verify the #household# income of a proposed #homeowner#, in accordance with the #guidelines#, prior to the #sale date# of any #homeownership affordable housing unit# in order to ensure that, upon #sale#, it is a #low income household#, #moderate income household#, #middle income household# or, for #MIH sites#, #qualifying household#, as applicable, and that upon #resale#, it is to an #eligible buyer#.
   2. (2) The #administering agent# shall meet reporting requirements on each #sale# and #resale#, as set forth in the #guidelines#.
   3. (3) Each year after the #commencement date#, in the month specified in the #regulatory agreement# or the #guidelines#, the #administering agent# shall submit an affidavit to #HPD# attesting that each #resale# of a #homeownership affordable housing unit# during the preceding year complied with all applicable requirements on the #resale date#
7. (d) #Affordable housing plan# and #MIH application#
   
   The following shall apply to #affordable housing plans# :
8. 1. (1) An #affordable housing plan# shall include the building plans, state the number and bedroom mix of the #homeownership affordable housing units# to be #developed#, rehabilitated or preserved, indicate how #homeowners# will be selected upon each #sale# or #resale# of a #homeownership affordable housing unit#, indicate how the #household# income of #eligible buyers# will be verified prior to such #household’s initial occupancy# of a #homeownership affordable housing unit# and include such additional information as #HPD# deems necessary.
   2. (2) An #affordable housing plan# shall demonstrate the feasibility of creating and maintaining #homeownership affordable housing#, including that:
   3. 1. (i) there will be sufficient revenue to provide for adequate maintenance, operation and administration of the #affordable housing#;
      2. (ii) #affordable housing units# will be sold under the supervision of a responsible #administering agent# to #eligible buyers# at each #sale# and #resale#; and
      3. (iii) #homeowners# will be selected in an equitable manner in accordance with laws prohibiting discrimination and all other applicable laws.
   4. (3) The requirements of Section 23-961, paragraph (d)(3), shall apply.
      
      The following shall apply to #MIH applications# :
   5. (4) An #MIH application# shall include the building plans; state the number and bedroom mix of the #homeownership affordable housing units# to be #developed# or #converted#, and the #initial price# of each #homeownership affordable housing unit#; and include such additional information as #HPD# deems necessary to ensure the satisfaction of the requirements of Section 23-90, inclusive.
   6. (5) A copy of any #MIH application# shall be delivered, concurrently with its submission to #HPD#, to the affected Community Board.
9. (e) Housing standards
   
   The requirements of Section 23-96, paragraph (g), shall apply. In addition, each #homeowner# shall be obligated to maintain each #homeownership affordable housing unit# in accordance with minimum quality standards set forth in the #guidelines#. Prior to any #resale#, #HPD#, or its designee as specified in the #guidelines#, shall inspect the #affordable housing unit# and shall either require the #homeowner# to remedy any condition that violates such minimum quality standards before the #sale date#, or require the retention of a portion of the #resale# proceeds to pay the cost of remedying such condition.
10. (f) Optional provisions for certain #new construction homeownership affordable housing#
    
    In Community District 3, Borough of Manhattan, #HPD# may modify the requirements for #new construction homeownership affordable housing# to facilitate #development# on a site that has been disposed of pursuant to Article 16 of the General Municipal Law as set forth in this paragraph (g), inclusive.
11. 1. (1) #HPD# may permit a #household# to occupy a #new construction homeownership affordable housing unit# as rental #affordable housing# if:
    2. 1. (i) no more than 120 days prior to the #regulatory agreement date#, such #household# occupied a #dwelling unit# or #rooming unit# in a #building# located on the #zoning lot# of such #new construction homeownership affordable housing#, pursuant to a lease or occupancy agreement to which one or more members of such #household# was a party or pursuant to a statutory tenancy;
       2. (ii) no more than 120 days prior to the #regulatory agreement date#, the average rent for all occupied #dwelling units# or #rooming units# in such #building# did not exceed 30 percent of the #low income limit# divided by 12; and
       3. (iii) after the #regulatory agreement date#, such #building# is demolished and replaced with #new construction homeownership affordable housing#.
    3. (2) #HPD# may permit a #household# that is not an #eligible buyer#, but that meets the requirements of paragraph (f)(1) of this Section, to purchase a #new construction homeownership affordable housing unit# at #sale#, provided that such #household# is a #low income household#, #moderate income household# or #middle income household#, as applicable.
       
       Where a #new construction homeownership affordable housing unit# is purchased at a nominal price, the #appreciated price# for such #homeownership affordable housing unit# shall be the product of the #initial price# of such #homeownership affordable housing unit# and the #appreciation index# applicable at #resale# as specified in the #guidelines#.
12. (g) Special requirements for #homeownership preservation affordable housing#
    
    The additional requirements in this paragraph (g) shall apply to #homeownership preservation affordable housing# :
13. 1. (1) on the #regulatory agreement date#, the #generating site# shall be an existing #building# containing #residences#;
    2. (2) on the #regulatory agreement date#, the average of the #legal regulated rents#, as such term is defined in Section 23-912, for all #homeownership affordable housing units# in the #generating site# that are occupied by #grandfathered tenants# shall not exceed 30 percent of the #low income limit# divided by 12;
    3. (3) where #grandfathered tenants# continue in residence subsequent to the #regulatory agreement date#, any #affordable housing unit# that is occupied by a #grandfathered tenant# shall be operated subject to the restrictions of Section 23- 961 (Additional requirements for rental affordable housing) until such #affordable housing unit# is purchased and occupied by an #eligible buyer#;
    4. (4) on the #regulatory agreement date#, #HPD# shall have determined that the condition of the #generating site# is sufficient, or will be sufficient after required improvements specified in the #affordable housing plan# and the #regulatory agreement#, to ensure that, with normal maintenance and normal scheduled replacement of #capital elements#, the #affordable housing units# will provide a decent, safe and sanitary living environment for the entire #regulatory period#;
    5. (5) on the #regulatory agreement date#, #HPD# shall have determined either that no #capital element# is likely to require replacement within 30 years from the #regulatory agreement date# or that, with regard to any #capital element# that is likely to require replacement within 30 years from the #regulatory agreement date#, a sufficient reserve has been established to fully fund the replacement of such #capital element#; and
    6. (6) such #affordable housing# shall comply with such additional criteria as may be specified by #HPD# in the #guidelines#.
14. (h) Special requirements for #homeownership substantial rehabilitation affordable housing#
    
    The additional requirements in this paragraph (h) shall apply to #homeownership substantial rehabilitation affordable housing# :
15. 1. (1) on the #regulatory agreement date#, the #generating site# or #MIH site# shall be an existing #building#;
    2. (2) such #affordable housing# shall be created through the rehabilitation of such existing #building# at a cost per completed #homeownership affordable housing unit# that exceeds a minimum threshold set by #HPD# in the #guidelines#;
    3. (3) on the #regulatory agreement date#, the average of the #legal regulated rents# for all #homeownership affordable housing units# in the #generating site# that are occupied by #grandfathered tenants# shall not exceed 30 percent of the #low income limit# divided by 12;
    4. (4) where #grandfathered tenants# continue in residence subsequent to the #regulatory agreement date#, any #affordable housing unit# that is occupied by a #grandfathered tenant# shall be operated subject to the restrictions of Section 23- 961 until such #affordable housing unit# is purchased and occupied by an #eligible buyer#;
    5. (5) on the #regulatory agreement date#, #HPD# shall have determined that the condition of such #generating site# is sufficient, or will be sufficient after required improvements specified in the #affordable housing plan# and the #regulatory agreement#, to ensure that, with normal maintenance and normal scheduled replacement of #capital elements#, the #affordable housing units# will provide a decent, safe and sanitary living environment for the entire #regulatory period#;
    6. (6) on the #regulatory agreement date#, #HPD# shall have determined either that no #capital element# is likely to require replacement within 30 years from the #regulatory agreement date# or that, with regard to any #capital element# that is likely to require replacement within 30 years from the #regulatory agreement date#, a sufficient reserve has been established to fully fund the replacement of such #capital element#; and
    7. (7) such #affordable housing# shall comply with such additional criteria as may be specified by #HPD# in the #guidelines#.