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33-01 Applicability of This Chapter
The bulk regulations of this Chapter apply to commercial buildings, community facility buildings or buildings used partly for commercial use and partly for community facility use, on any zoning lot or portion of a zoning lot located in any Commercial District, including all developments or enlargements. As used in this Chapter, the term "any building" shall therefore not include a residential building or a mixed building, the bulk regulations for which are set forth in Article III, Chapter 4, and Article III, Chapter 5, respectively. 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 community facility uses in large-scale residential developments are set forth in Article VII, Chapter 8 and special regulations applying to large-scale community facility developments are set forth in Article VII, Chapter 9.
Special regulations applying only in Special Purpose Districts are set forth in Articles VIII, IX, X, XI, XII, XIII and XIV.
All C6-1A Districts shall comply with the regulations of C6-1 Districts except as set forth in Sections 33-12, paragraph (c), 33-13, paragraph (b) and 33-15, paragraph (a).
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 Conversion Within Existing Buildings), unless such conversions meet the requirements for residential development 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.
33-011 Quality Housing Program
The applicability of the Quality Housing Program to commercial buildings, community facility buildings or buildings used partly for commercial use and partly for community facility use is set forth in this Section.
In C1 and C2 Districts mapped within R6 through R10 Districts with a letter suffix, and in C1-6A, C1-7A, C1-8A, C1-8X, C1-9A, C2-6A, C2-7A, C2-7X, C2-8A, C4-2A, C4-3A, C4-4A, C4-4D, C4-4L, C4-5A, C4-5D, C4-5X, C4-6A, C4-7A, C5-1A, C5-2A, C6-2A, C6-3A, C6-3D, C6-3X, C6-4A or C6-4X Districts, all buildings shall comply with the applicable height and setback regulations for Quality Housing buildings set forth in Article III, Chapter 5. Special regulations are set forth for buildings containing long-term care facilities or philanthropic or non-profit institutions with sleeping accommodations in Section 33-012 (Special provisions for certain community facility uses).
33-012 Special Provisions for Certain Community Facility Uses
The provisions of this Section shall apply to buildings containing long-term care facilities or philanthropic or non-profit institutions with sleeping accommodations, as listed in Use Group 3.
  1. Buildings containing long-term care facilities
    1. Commercial Districts with a residential equivalent of an R1 or R2 District

      In C1 or C2 Districts mapped within R1 or R2 Districts, where a long-term care facility is permitted pursuant to Section 74-901, the bulk regulations of this Chapter shall apply. The maximum floor area ratio for such long-term care facilities shall not exceed the applicable floor area ratio of paragraph (b) of Section 33-121 (In districts with bulk governed by Residence District bulk regulations), except as permitted by the City Planning Commission pursuant to Section 74-902 (Certain community facility uses in R1 and R2 Districts and certain Commercial Districts).
    2. Commercial Districts with a residential equivalent of an R3 through R5 District

      In C1 or C2 Districts mapped within R3-2 Districts, or within R4 or R5 Districts without a letter or number suffix, or in C3 Districts without a letter suffix, or in C4-1 Districts, the bulk regulations of Article II, Chapter 3 applicable to affordable independent residences for seniors, inclusive, shall apply to buildings, or portions thereof, containing long-term care facilities, except as follows:
      1. the lot coverage provisions of Section 23-144 shall not apply;
      2. the minimum size of dwelling unit provisions of Section 23-23 shall not apply;
      3. the yard regulations of Sections 33-20 and 33-30 shall apply in lieu of Sections 23-40 and 23-50;  
      4. in C1 or C2 Districts mapped within R3-2 Districts or in C3 Districts without a letter suffix, the height and setback provisions of Section 33-40 shall apply in lieu of Section 23-60; and
      5. in C1 or C2 Districts mapped within R5 Districts or in C4-1 Districts, the provisions of paragraph (j)(2) of Section 23-631 shall be modified so that the height of a building containing long-term care facilities may be increased to 55 feet beyond 25 feet of the street line on any zoning lot.

        In all such Districts, the Commission may permit the bulk regulations of this Chapter to apply pursuant to the special permit in Section 74-903 (Certain community facility uses in R3 to R9 Districts and certain Commercial Districts).

        The Residence District within which such Commercial Districts are mapped, or the applicable residential equivalent set forth in the tables in Section 35-23 (Residential Bulk Regulations in Other C1 or C2 Districts or in C3, C4, C5 or C6 Districts) shall be used to determine the applicable residential bulk regulations of Article II, Chapter 3.

        In C1 or C2 Districts mapped within R3-1, R3A, R3X, R4-1, R4A, R4B, R5A, R5B or R5D Districts, or in C3A Districts, the bulk regulations of this Chapter shall apply to community facility buildings, or the community facility portion of a building containing long term care facilities, as applicable. The maximum floor area ratio for such long-term care facilities shall not exceed the applicable floor area ratio of paragraph (d) or (e) of Section 33-121, as applicable, except as permitted by the Commission pursuant to Section 74-903.
    3. Commercial Districts with a residential equivalent of an R6 through R10 District

      In C1 or C2 Districts mapped within R6 through R10 Districts, or in Commercial Districts with a residential equivalent of an R6 through R10 District, the bulk regulations of Article II, Chapter 3, applicable to affordable independent residences for seniors, inclusive, shall apply to buildings, or portions thereof, containing long-term care facilities, except as follows:
      1. in C1 or C2 Districts mapped within R6A Districts or R6 Districts without a letter suffix, or in Commercial Districts with a residential equivalent of an R6A District or an R6 District without a letter suffix, the maximum floor area ratio for long-term care facilities shall be 3.6;
      2. in C1 or C2 Districts mapped within R7A Districts or R7 Districts without a letter suffix, or in Commercial Districts with a residential equivalent of an R7A District or an R7 District without a letter suffix, the maximum floor area ratio for long-term care facilities shall be 4.6;
      3. the minimum size of dwelling unit provisions of Section 23-23 shall not apply;
      4. the provisions of Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) shall be modified by Section 35-532 (Modification of permitted obstructions in required yards or rear yard equivalents for certain affordable independent residences for seniors); and
      5. the provisions of Section 23-66 (Height and Setback Requirements for Quality Housing Buildings) shall be modified by Section 35-65.

        The Residence District within which such Commercial Districts are mapped, or the applicable residential equivalent set forth in the tables in Section 35-23 (Residential Bulk Regulations in Other C1 or C2 Districts or in C3, C4, C5 or C6 Districts) shall be used to determine the applicable residential bulk regulations of Article II, Chapter 3.

        In C1 or C2 Districts mapped within R6 through R10 Districts without a letter suffix, or in Commercial Districts with a residential equivalent of an R6 through R10 District without a letter suffix, the Commission may permit the bulk regulations of this Chapter to apply to such long-term care facilities pursuant to the special permit in Section 74-903.
    4. Applicability of affordable independent residences for seniors bulk provisions

      Where buildings containing long-term care facilities are required to utilize the bulk provisions applicable to affordable independent residences for seniors, such uses shall be considered residential for the purpose of applying such provisions, and the term dwelling unit shall include dwelling units and rooming units, as set forth in the Housing Maintenance Code.
  2. Buildings containing philanthropic or non-profit institutions with sleeping accommodations

    The provisions of this Chapter apply to buildings, or portions thereof, containing philanthropic or non-profit institutions with sleeping accommodations. In addition, the following special bulk provisions apply:
    1. Commercial Districts with a residential equivalent of an R1 or R2 District

      In C1 and C2 Districts mapped within R1 and R2 Districts, the maximum floor area ratio for a building that contains a philanthropic or non-profit institution with sleeping accommodations shall not exceed the floor area ratio set forth in paragraph (b) of Section 33-121, except as permitted by the Commission pursuant to Section 74-902.
    2. Commercial Districts with a residential equivalent of an R3 through R10 District

      In C1 or C2 Districts mapped within R3 through R9 Districts, the maximum floor area ratio for a building that contains a philanthropic or non-profit institution with sleeping accommodations shall not exceed the floor area ratio set forth in paragraphs (d) or (e) of Section 33-121, except as permitted by the Commission pursuant to Section 74-903.

      In other Commercial Districts with a residential equivalent of R3 through R9 Districts, the maximum floor area ratio for a building that contains a philanthropic or non-profit institution with sleeping accommodations shall not exceed the floor area ratio set forth in paragraphs (a) and (b) of Section 33-123 (Community facility buildings or buildings used for both community facility and commercial uses in all other Commercial Districts), as applicable, except as permitted by the Commission pursuant to Section 74-903.

      In C1 or C2 Districts mapped within R10 Districts or in Commercial Districts with a residential equivalent of an R10 District, the maximum floor area ratio for a building that contains a philanthropic or non-profit institution with sleeping accommodations shall not exceed the floor area ratio set forth in the tables of Sections 33-121 or 33-123, as applicable.

      In R6 through R10 Districts without a letter suffix, the height and setback regulations for Quality Housing buildings set forth in Article II, Chapter 3, may be applied. However, the provisions of Section 23-66 are modified by Section 35-65 (Height and Setback Requirements for Quality Housing Buildings).
  3. Applicability of Quality Housing Program elements

    For all buildings containing long-term care facilities that utilize the bulk regulations for affordable independent residences for seniors in Article II, Chapter 3, as modified by Section 35-65, and for buildings containing philanthropic or non-profit institutions with sleeping accommodations that utilize the height and setback regulations for Quality Housing buildings in Section 35-65, the Quality Housing Program, and the associated mandatory and optional program elements, shall apply to such uses, as modified by paragraph (d) of Section 28-01 (Applicability of this Chapter).
33-02 Definitions
Words in italics are defined in Section 12-10 or, if applicable exclusively to this Section, in this Section.
33-03 Street Tree Planting in Commercial Districts
C1 C2 C3 C4 C5 C6 C7 C8
In all districts, as indicated, the following shall provide street trees in accordance with Section 26-41 (Street Tree Planting):
  1. 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. enlargements of single- or two-family residences by 20 percent or more within the following special purpose districts:

    Special Bay Ridge District;

    Special Bay Street Corridor District;

    Special Clinton District;

    Special Downtown Brooklyn District;

    Special Downtown Far Rockaway District;

    Special Downtown Jamaica District;

    Special East Harlem Corridors District;

    Special Grand Concourse District;

    Special Hillsides Preservation District;

    Special Hudson Yards District;

    Special Little Italy District;

    Special Long Island City Mixed Use District;

    Special Ocean Parkway District;

    Special South Richmond Development District;
  3. enlargements, pursuant to the Quality Housing Program, of single- or two-family residences by 20 percent or more;
  4. conversions of 20 percent or more of the floor area of a building to a residential use; or
  5. construction of a detached garage that is 400 square feet or greater.

The street frontage used to calculate the number of required trees may exclude the street frontage occupied by curb cuts serving uses listed in Use Groups 16B, 16C and 16D.
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