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Chapter 4 Bulk Regulations for Community Facilities in Residence Districts

NYC Zoning Resolution > II - Residence District Regulations > 4 Bulk Regulations for Community Facilities in Residence Districts
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24-00 Applicability, General Purposes and Definitions
24-01 Applicability of This Chapter
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 community facility building, or to the community facility portion of any building located in any Residence District which is used for both residential and community facility uses, except where specifically modified by the provisions of this Chapter.
The bulk regulations of Article II, Chapter 3, shall apply to any zoning lot or portion of a zoning lot in any Residence District which contains a residential building, or to the residential portion of any building located in any Residence District which is used for both residential and community facility uses, except where specifically modified by the provisions 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 community facility developments or to community facility uses in large-scale residential developments are set forth in Article VII, Chapters 9 or 8, respectively.
Special regulations applying only in Special Purpose Districts are set forth in Articles VIII, IX, X, XI, XII, XIII and XIV.
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.
24-011 Quality Housing Program
The applicability of the Quality Housing Program to community facility buildings or portions of buildings containing community facility uses is set forth in this Section, except as modified in Section 24-012 (Exceptions to the bulk regulations of this Chapter).
In R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X, R10A or R10X Districts, any community facility building or portion of a building containing community facility uses shall comply with the height and setback regulations for Quality Housing buildings set forth in Article II, Chapter 3. In all other R6, R7, R8, R9 or R10 Districts, if the residential portion of a building containing a community facility use is developed or enlarged pursuant to the Quality Housing Program, the entire building shall comply with the height and setback regulations for Quality Housing buildings set forth in Article II, Chapter 3. However, for houses of worship in R8A, R8X, R9A, R9X, R10A and R10X Districts or, where located in Quality Housing buildings in other R8 through R10 Districts without a letter suffix, the street wall location provisions of Section 23-661 are optional.
For all such buildings using the height and setback regulations for Quality Housing buildings, any permitted obstruction listed in Section 24-51 that is not listed in Section 23-62 shall also be considered a permitted obstruction.
Special regulations are set forth for buildings containing long-term care facilities or philanthropic or non-profit institutions with sleeping accommodations in Section 24-013 (Special provisions for certain community facility uses).
Quality Housing buildings shall comply with the additional provisions set forth in Article II, Chapter 8 (The Quality Housing Program). In R5D Districts, certain provisions of Article II, Chapter 8, shall apply as set forth in Section 28-01 (Applicability of this Chapter).
24-012 Exceptions to the Bulk Regulations of This Chapter
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10
  1. Buildings used partly for community facility uses

    Except as provided in paragraph (b) of this Section, in R3-1, R3A, R3X, R4-1, R4A, R4B or R5B Districts, the bulk regulations of this Chapter shall apply only to a zoning lot or portion of a zoning lot that contains a community facility building, and the bulk regulations of Article II, Chapter 3 (Bulk Regulations for Residential Buildings in Residence Districts) shall apply to any zoning lot or portion of a zoning lot that contains any building that is used partly for community facility use and partly for residential use. In such districts, the bulk regulations of this Chapter may apply to the community facility portion of a building that is used partly for community facility use and partly for residential use only where:
    1. such community facility use has received tax-exempt status from the New York City Department of Finance, or its successor, pursuant to Section 420 of the New York State Real Property Tax Law; or
    2. such building has received an authorization pursuant to Section 24-04 (Modification of Bulk Regulations in Certain Districts).
  2. Buildings containing certain community facility uses in lower density growth management areas
    1. In R1 through R5 Districts in lower density growth management areas, the bulk regulations of this Chapter shall not apply to any zoning lot containing buildings used for:
      1. 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 or nursing homes as defined in the New York State Hospital Code; or
      2. child care services 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.
    2. In lieu thereof, the residential bulk regulations of Article II, Chapter 3, shall apply, except that:
      1. the provisions of Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) shall be modified to prohibit parking spaces of any kind within a front yard;
      2. in lieu of Sections 23-46 (Minimum Required Side Yards) and 23-66 (Required Side and Rear Setbacks), Sections 24-35 (Minimum Required Side Yards) and 24-55 (Required Side and Rear Setbacks) shall apply; and
      3. for child care services in R1 and R2 Districts, the provisions of paragraph (9) in the definition of floor area in Section 12-10, pertaining to floor area exclusions for the lowest story of a residential building, shall not apply.
  3. Special provisions for certain community facility uses

    Special provisions for buildings containing long-term care facilities or philanthropic or non-profit institutions with sleeping accommodations, as listed in Use Group 3, are set forth in Section 24-013.
  4. Quality Housing buildings

    For Quality Housing buildings, the provisions of Section 24-011 shall apply.
24-013 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. In R1 and R2 Districts

      In R1 and R2 Districts, where a long-term care facility is permitted pursuant to Section 74-901 (Long-term care facilities), 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 (a) of Section 24-111 (Maximum floor area ratio for certain community facility uses), 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. In R3 through R5 Districts

      In R3-2 Districts, and R4 or R5 Districts without a letter or number suffix, 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 regulations of Section 24-11 (Maximum Floor Area Ratio and Percentage of Lot Coverage) shall apply in lieu of the maximum lot coverage set forth in Section 23-144 (Affordable independent residences for seniors);
      2. the minimum size of dwelling unit provisions of Section 23-23 shall not apply;
      3. in R3-2 Districts, the height and setback regulations of Section 24-50 shall apply in lieu of Section 23-60; and
      4. in R5 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).

        In R3-1, R3A, R3X, R4-1, R4A, R4B, R5A, R5B or R5D 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 (b) of Section 24-111, except as permitted by the Commission pursuant to Section 74-903.
    3. In R6 through R10 Districts

      In R6 through R10 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. in R6A Districts or R6 Districts without a letter suffix, the maximum floor area ratio for long-term care facilities shall be 3.6;
      2. in R7A Districts or R7 Districts without a letter suffix, the maximum floor area ratio for long-term care facilities shall be 4.6; and
      3. the minimum size of dwelling unit provisions of Section 23-23 shall not apply.

        In R6 through R10 Districts without letter suffixes, 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. In R1 and R2 Districts

      In R1 and R2 Districts the maximum floor area ratio for a community facility building, or portion thereof, that contains a philanthropic or non-profit institution with sleeping accommodations, shall not exceed the applicable floor area ratio of paragraph (a) of Section 24-111, except as permitted by the Commission pursuant to Section 74-902.
    2. In R3 through R5 Districts and R6 through R10 Districts without a letter suffix

      In R3 through R5 Districts, and in R6 through R9 Districts without a letter suffix, the maximum floor area ratio for a community facility building, or portion thereof, that contains a philanthropic or non-profit institution with sleeping accommodations, shall not exceed the applicable floor area ratio of paragraph (b) of Section 24-111, except as permitted by the Commission pursuant to Section 74-903.

      For zoning lots in R3-2, R4, R5, R6 and R7-1 Districts, except for R4-1, R4A, R4B, R5D and R6B Districts, with buildings containing both residential uses and philanthropic or non-profit institutions with sleeping accommodations, the provisions of Section 24-162 shall not apply. In lieu thereof, the provisions of Section 24-161 shall apply.

      In R10 Districts without a letter suffix, the maximum floor area ratio for a community facility building, or portion thereof, that contains a philanthropic or non-profit institution with sleeping accommodations shall be as set forth in Section 24-11 (Maximum Floor Area Ratio and Percentage of Lot Coverage).

      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.
    3. In R6 through R10 Districts with a letter suffix

      In R6 through R10 Districts with a letter suffix, the bulk regulations for Quality Housing buildings set forth in Article II, Chapter 3, inclusive, shall apply.
  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, and for buildings containing philanthropic or non-profit institutions with sleeping accommodations that utilize the bulk regulations for Quality Housing buildings in Article II, Chapter 3 in R6 through R10 Districts with a letter suffix, and the height and setback regulations for Quality Housing buildings in Article II, Chapter 3, in R6 through R10 Districts without a letter suffix, 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).
24-02 General Purposes of Community Facility Bulk Regulations
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 the physical volume of buildings and their degree of lot coverage is established.
24-03 Definitions
Words in italics are defined in Section 12-10 or, if applicable exclusively to this Section, in this Section.
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