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35-30 Applicability of Floor Area and Open Space Regulations
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35-31 Maximum Floor Area Ratio
C1 C2 C3 C4 C5 C6
In the districts indicated, except as set forth in Section 35-311, the provisions of this Section shall apply to any zoning lot subject to the provisions of this Chapter.
The maximum floor area ratio permitted for a commercial or community facility use shall be as set forth in Article III, Chapter 3, and the maximum floor area ratio permitted for a residential use shall be as set forth in Article II, Chapter 3, provided the total of all such floor area ratios does not exceed the greatest floor area ratio permitted for any such use on the zoning lot. Special rules for certain areas are set forth in Section 35-35 (Special Floor Area Ratio Provisions for Certain Areas).
Notwithstanding the provisions for R10 Districts in Community District 7 in the Borough of Manhattan set forth in Section 23-16 (Special Floor Area and Lot Coverage Provisions for Certain Areas), in C4-7 Districts within Community District 7 in the Borough of Manhattan, the maximum residential floor area ratio may be increased pursuant to the provisions of Sections 23-154 and 23-90 (INCLUSIONARY HOUSING).
In Inclusionary Housing designated areas, except within Waterfront Access Plan BK-1 and R6 Districts without a letter suffix in Community District 1, Brooklyn, the maximum floor area ratio permitted for zoning lots containing residential and commercial or community facility uses shall be the base floor area ratio set forth in Section 23-154 for the applicable district.
However, in Inclusionary Housing designated areas mapped within C4-7, C5-4, C6-3D and C6-4 Districts, the maximum base floor area ratio for zoning lots containing residential and commercial or community facility uses shall be either the base floor area ratio set forth in Section 23-154 plus an amount equal to 0.25 times the non-residential floor area ratio provided on the zoning lot, or the maximum floor area ratio for commercial uses in such district, whichever is less.
The maximum base floor area ratio in Inclusionary Housing designated areas may be increased to the maximum floor area ratio set forth in Section 23-154 only through the provision of affordable housing pursuant to Section 23-90, inclusive.
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.
A non-residential use occupying a portion of a building that was in existence on December 15, 1961, may be changed to a residential use and the regulations on maximum floor area ratio shall not apply to such change of use.
35-311 Maximum Floor Area and Special Provisions for Mixed Buildings or Zoning Lots With Multiple Buildings Containing Community Facility Use in Certain Districts
C1 C2
In C1 and C2 Districts mapped within R6 Districts without a letter suffix, and in R7-1 Districts, the provisions of this Section shall apply to any zoning lot where residential and community facility uses are located within the same building. However, this Section shall not apply to buildings containing residences and philanthropic or non-profit residences with sleeping accommodations, as set forth in Section 35-012 (Special provisions for certain community facility uses).
(a) For buildings containing residential and community facility uses, where such buildings have a ratio of floor area in such building to lot area greater than set forth in Column A in the following table, the maximum such ratio for the community facility portions of such buildings shall be as set forth in Column B in the table, and the maximum such ratio for the residential portions of such buildings shall be as set forth in Article II, Chapter 3, subject to the limitations set forth in paragraph (d) of this Section.
COLUMN A | COLUMN B | |
District | Maximum Ratio of Floor Area in Building to Lot Area | Maximum Ratio of Floor Area in community facility use to Lot Area |
C1 or C2 mapped in R6 | 2.5 | 1.0 |
C1 or C2 mapped in R7-1 | 3.5 | 1.0 |
(b) For buildings containing residential and community facility uses, where such buildings have a ratio of floor area in such building to lot area that do not exceed the applicable ratio set forth in Column A in the table in paragraph (a) of this Section, the maximum floor area ratio for the community facility portion of such buildings shall be as set forth in Article III, Chapter 3, and the maximum floor area ratio for the residential portions of such buildings shall be as set forth in Article II, Chapter 3, subject to the limitations set forth in paragraph (d) of this Section.
(c) For zoning lots containing multiple buildings, the provisions of this paragraph, (c), shall apply to any building that does not contain both community facility and residential uses. The maximum floor area ratio permitted for the commercial or community facility portions of such buildings shall be as set forth in Article III, Chapter 3, and the maximum floor area ratio permitted for the residential portions of such buildings shall be as set forth in Article II, Chapter 3, subject to the limitations set forth in paragraph (d).
(d) The total floor area ratio permitted for commercial or community facility use on the zoning lot shall be as set forth in Article III, Chapter 3, and the total floor area ratio permitted for residential use on the zoning lot shall be as set forth in Article II, Chapter 3, provided the total of all such floor area ratios does not exceed the greatest floor area ratio permitted for any such use on the zoning lot.
For the purposes of this Section, a building segment may be considered to be a building.
35-312 Existing Public Amenities for Which Floor Area Bonuses Have Been Received
- 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. - Kiosks and open air cafes
Kiosks and open air cafes may be placed within an existing publicly accessible open area for which a floor area bonus has been received by certification, pursuant to Section 37-73 (Kiosks and Open Air Cafes). - Nighttime closing of existing public open area
In all Commercial Districts, the City Planning Commission may, upon application, authorize the closing during certain nighttime hours of an existing publicly accessible open area for which a floor area bonus has been received, pursuant to Section 37-727 (Hours of access). - Elimination or reduction in size of existing public amenity
In all Commercial 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 City Planning Commission, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).
35-32 Open Space Ratio for Residential Portions of Buildings
C1 C2 C3 C4 C5 C6
In the districts indicated, a zoning lot containing a residential building or the residential portion of a mixed building shall have a minimum open space ratio as required under the provisions of Sections 35-21 through 35-23, relating to Section 35-20 (APPLICABILITY OF RESIDENCE DISTRICT BULK REGULATIONS), except as otherwise provided in this Section.
For the purposes of this Section:
- the floor area counted in determining the open space ratio shall be only that floor area in the residential portion of the building;
- the lot coverage shall be deemed to be that portion of the zoning lot which, when viewed directly from above, would be covered by the residential portion of the building at any level; and
- the applicable height factor, if the maximum permitted residential floor area ratio is less than the total floor area ratio permitted for such building, shall be the height factor of the residential portion of the building.
A non-residential use occupying a portion of a building that was in existence on December 15, 1961, may be changed to a residential use and the regulations on minimum required open space ratio shall not apply to such change of use.
35-33 Location of Open Space
C1 C2 C3 C4 C5 C6
In the districts indicated, the open space required for a residential building or the residential portion of a mixed building under the provisions of Section 35-32 (Open Space Ratio for Residential Portions of Buildings) may be at a level higher than 23 feet above curb level. Such open space may be provided at ground floor level or upon the roof of:
- the non-residential portion of a mixed building;
- a commercial building; or
- a community facility building that abuts such residential building or residential portion of a mixed building;
provided that the level of any open space may not be higher than 2 feet, 6 inches below the sill level of any legally required window opening on such roof area, in the residential portion of such mixed building. Open space located on the roof of a community facility building separated by open area from residential or mixed buildings on the same zoning lot may not be at a level higher than 23 feet above curb level.
35-331 Open Space Restrictions in C4-1 Districts
In C4-1 Districts, for zoning lots having a lot area in excess of four acres, open off-street parking spaces which are accessory to commercial uses are not permitted obstructions within required open space.
In C4-1 Districts, for zoning lots having a lot area in excess of four acres, open space provided on the roof of a commercial building that would otherwise qualify as open space shall be subject to authorization by the City Planning Commission. In permitting such roof area to qualify as open space, the Commission shall find that:
- the location and layout of the roof area is directly accessible, useable and restricted for the residential occupants and their guests for whom no admission charge or membership fee is charged;
- such roof area contains recreational facilities, seating areas and landscaping; and
- all mechanical equipment or emissions therefrom are screened and no intake or exhaust duct faces directly into the open space.
35-34 Floor Area Bonus for a Public Plaza or Arcade
C1-8 C1-9 C2-7 C2-8 C4-6 C4-7 C5 C6
In the districts indicated, and in C1 and C2 Districts mapped within R9 or R10 Districts, floor area bonus provisions for public plazas and arcades shall apply as set forth in this Section. Any floor area bonus for a public plaza or arcade permitted under the applicable district regulations for any residential, commercial or community facility portion of a building may be applied, provided that any given public plaza or arcade shall be counted only once in determining a bonus.
C1-8A C1-8X C1-9A C2-7A C2-7X C2-8A C4-6A C4-7A C5-1A C5-2A C6-2A C6-3A C6-3X C6-4A
- Prohibition of public plaza and arcade bonuses
- In the districts indicated, and in C1 or C2 Districts mapped within R9A, R9X, R10A or R10X Districts, no floor area bonuses shall be permitted for public plazas or arcades.
- Within the boundaries of Community District 7, Borough of Manhattan, no floor area bonuses shall be permitted for public plazas or arcades.C1-8 C1-9 C2-7 C2-8
- In the districts indicated, and in other C1 or C2 Districts when mapped within R9 or R10 Districts, the bonus provisions of Section 33-13 shall apply only to a development or enlargement with 25 percent or less of the total floor area of the building in residential use.C4-6 C4-7 C5-1 C5-2 C5-4 C6-4 C6-5 C6-8
- In the districts indicated, except C6-4X Districts, if more than 50 percent of the floor area on the zoning lot is occupied by residential uses, then for each square foot of public plaza provided in accordance with Section 37-70, inclusive, the total floor area permitted on that zoning lot under the provisions of Section 23-152 (Basic regulations for R10 Districts) may be increased by six square feet.C4-6 C4-7 C5-1 C5-2 C5-4 C6-4 C6-5 C6-8
- In the districts indicated, if 50 percent or less of the floor area on the zoning lot is occupied by residential uses, then the provisions of Sections 33-13 and 33-14 shall apply.C5-3 C5-5 C6-1 C6-2 C6-3 C6-6 C6-7 C6-9
- C6-4X
- In the district indicated, if all dwelling units in the building are located above a height of 60 feet above the base plane, then the bonus provisions of Section 33-13 shall apply.
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