Chapter 3 - Bulk Regulations

The bulk regulations of this Chapter apply to any building or other structure on any zoning lot or portion of a zoning lot located in any Manufacturing District. The bulk regulations of this Chapter shall also apply to any portion of a zoning lot in a Manufacturing District that is developed or enlarged with an open use. 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 which 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 community facility developments are set forth in Article VII, Chapter 8.

Special regulations applying only in Special Purpose Districts are set forth in Article 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 Conversion within Existing Buildings), unless such conversions meet the requirements for residential developments of Article II (Residence District Regulations).

In M1-1D, M1-2D, M1-3D, M1-4D and M1-5D Districts, the bulk regulations governing M1 Districts shall apply to community facility, commercial and manufacturing uses, and the regulations of Section 43-61 (Bulk Regulations for Residential Uses in M1-1D Through M1-5D Districts) shall apply to residential uses authorized pursuant to Section 42-47 (Residential Uses in M1-1D Through M1-5D Districts). M1-6D Districts shall be subject to the bulk regulations set forth in Section 43-62.

In the M1-1 District bounded by 95th Avenue, 148th Street, 97th Avenue and 147th Place in Community District 12 in the Borough of Queens, the bulk regulations of an M1 District shall apply to manufacturing, commercial and community facility uses, and the bulk regulations for an R5 District set forth in Article II, Chapter 3, shall apply to residential uses.

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.

M1 M2 M3

In all districts, as indicated, all developments, or enlargements of 20 percent or more in floor area, excluding developments or enlargements in Use Groups 17 or 18, shall provide street trees in accordance with Section 26-41 (Street Tree Planting). In addition, any building where 20 percent or more of the floor area is converted from a manufacturing use to a commercial or community facility use shall provide street trees in accordance with Section 26-41. 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.

M1 M2 M3

In all districts, as indicated, for any zoning lot, the maximum floor area ratio shall not exceed the floor area ratio set forth in the following table, except as otherwise provided in the following Sections:

Section 43-121        (Expansion of existing manufacturing buildings)

Section 43-122        (Maximum floor area ratio for community facilities)

Section 43-13        (Floor Area Bonus for Public Plazas)

Section 43-14        (Floor Area Bonus for Arcades)

Section 43-15        (Existing Public Amenities for which Floor Area Bonuses Have Been Received)

Section 43-16        (Special Provisions for Zoning Lots Divided by District Boundaries)

Section 43-61        (Bulk Regulations for Residential Uses in M1-1D Through M1-5D Districts)

Section 43-62        (Bulk Regulations in M1-6D Districts)

Any given lot area shall be counted only once in determining the floor area ratio.

*   In Community District 1, in the Borough of Queens, in the M1-2 District bounded by a line 100 feet southwesterly of 37th Avenue, a line 100 feet southeasterly of 24th Street, a line 100 feet southwesterly of 39th Avenue, 24th Street, and a line 100 feet northeasterly of 40th Avenue, 23rd Street, 39th Avenue and 24th Street, the maximum floor area ratio shall be increased to 4.0 provided that such additional floor area is limited to the following uses: photographic or motion picture production studios and radio or television studios listed in Use Group 10A; and uses listed in Use Groups 16A, 16D, 17A and 17B as set forth in Section 123-22 (Modification of Use Groups 16, 17 and 18), except for automobile, motorcycle, trailer or boat sales, motorcycle or motor scooter rental establishments, poultry or rabbit killing establishments, riding academies, stables for horses and trade schools for adults

For zoning lots containing both community facility use and manufacturing or commercial use, the total floor area used for manufacturing or commercial use shall not exceed the amount permitted in the table in this Section or by the bonus provisions in Sections 43-13 or 43-14.

Notwithstanding any other provisions of this Resolution, the maximum floor area ratio in an M1-6 District shall not exceed 12.0.

M1 M2 M3

In all districts, as indicated, where a building or other structure used for a conforming manufacturing use was in existence prior to December 15, 1961, such building or other structure may be expanded for a manufacturing use. Such expansion may consist of an enlargement, or additional development, on the same zoning lot, provided that:

(a)        the resulting total floor area shall not be greater than:

(1)        150 percent of the floor area existing on December 15, 1961; or

(2)        110 percent of the maximum floor area otherwise permitted under the provisions of Section 43-12 (Maximum Floor Area Ratio).

(b)        the resulting floor area ratio shall not exceed the highest of:

(1)        150 percent of the maximum floor area ratio otherwise permitted under the provisions of Section 43-12;

(2)         110 percent of the floor area ratio existing on December 15, 1961; or

(3)        a floor area ratio of 2.4, provided that in the event this paragraph, (b)(3), is utilized, the City Planning Commission shall administratively certify and the City Council approve, that such expansion will not adversely affect the surrounding area.

Within M3-2 Districts in the portion of Queens Community District 2 located within a Subarea 2 Designated Area (as set forth in APPENDIX J of this Resolution), the provisions of this Section shall also apply where a building or other structure on a zoning lot larger than two acres used for a conforming manufacturing use was in existence prior to December 31, 1965.

The parking reduction provisions of Section 44-27 (Special Provisions for Expansion of Existing Manufacturing Buildings) shall apply to such expansion.

M1

In the districts indicated, for any community facility use on a zoning lot, the maximum floor area ratio shall not exceed the floor area ratio set forth in the following table:

In M1-1D, M1-2D, M1-3D, M1-4D and M1-5D Districts, for any zoning lot containing both residential use and community facility use, the total floor area used for residential use shall not exceed the amount permitted in Section 43-61 (Bulk Regulations for Residential Uses in M1-1D Through M1-5D Districts).

M1-6

In the district indicated, except for M1-6D Districts, for each square foot of public plaza provided on a zoning lot, in accordance with the provisions of Section 37-70, inclusive, the total floor area permitted on that zoning lot under the provisions of Section 43-12 (Maximum Floor Area Ratio) may be increased by six square feet.

M1-6

In the district indicated, except for M1-6D Districts, for each square foot of arcade provided on a zoning lot, the total floor area permitted on the zoning lot under the provisions of Section 43-12 (Maximum Floor Area Ratio) may be increased by three square feet. However, the provisions of this Section shall not apply to zoning lots that are both within 100 feet of the western street line of Seventh Avenue and between West 28th and West 30th Streets in the Borough of Manhattan.

(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.

(b)        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).

(c)        Nighttime closing of existing publicly accessible open areas

The Commission may, upon application, authorize the closing of an existing publicly accessible open area for which a floor area bonus has been received, during certain nighttime hours pursuant to Section 37-727 (Hours of access).

(d)        Elimination or reduction of existing public amenities

No existing arcade, publicly accessible open area 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, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).

Regulations Applying in Special Situations

M1 M2 M3

In all districts, as indicated, whenever a zoning lot is divided by a boundary between districts with different maximum floor area ratios, the provisions set forth in Article VII, Chapter 7 shall apply.

M1-5A M1-5B

In the districts indicated, no building containing joint living-work quarters for artists shall be enlarged.

Mezzanines are allowed within individual quarters, in buildings with an existing floor area ratio of 12.0 or less, and only between floors, or between a floor and a roof, existing on January 22, 1998, that are to remain, provided that such mezzanines do not exceed 33 and 1/3 percent of the gross floor area of such individual quarters. Such mezzanines shall not be included as floor area for the purpose of calculating minimum required size of a joint living-work quarters for artists.

In the districts indicated no building containing joint living-work quarters for artists shall be subdivided into quarters of less than 1,200 square feet except where no story contains more than one joint living-work quarters for artists unless modified pursuant to Section 43-171.

However, the minimum size requirement may be replaced by the requirements of Section 15-024 for joint living-work quarters for artists:

(a)        for which a determination of residential or joint living-work quarters for artists occupancy on September 1, 1980, has been made pursuant to Sections 42-14, paragraph D.(1)(f), 42-141 paragraph (b) or 74-782; or

(b)        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

(c)        that the Loft Board determines were occupied for residential use or as joint living-work quarters for artists on September 1, 1980.

Joint living-work quarters for artists existing on September 1, 1980, may not be divided subsequently into quarters 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.

In the districts indicated, two or more buildings which are separated by individual load-bearing walls and contain joint living-work quarters for artists, each of which building conforms to the regulations set forth in Section 42-14 may be combined to produce a lot area covered by buildings in excess of 3,600 square feet.