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// CODE SNIPPET

34-20 Exceptions to Applicability of Residence District Controls

NYC Zoning Resolution > III Commercial District Regulations > 4 - Bulk Regulations for Residential Buildings in Commercial Districts > 34-20 Exceptions to Applicability of Residence District Controls
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34-21 General Provisions

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In the districts indicated, the bulk regulations applicable to residential buildings as set forth in Section 34-11 (General Provisions) are modified by the provisions of Sections 34-22 (Modification of Floor Area and Open Space Regulations), 34-23 (Modification of Yard Regulations) and 34-24 (Modification of Height and Setback Regulations). The purpose of these modifications is to make the regulations set forth in Article II, Chapter 3, applicable to Commercial Districts.

34-22 Modification of Floor Area and Open Space Regulations

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In the districts indicated, the floor area and open space regulations as set forth in Section 23-10 (OPEN SPACE AND FLOOR AREA REGULATIONS), inclusive, and made applicable to such districts in Section 34-11 (General Provisions), are modified as set forth in this Section.

34-221 Maximum Floor Area Ratio

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In the districts indicated, the maximum floor area ratio on a zoning lot shall be the applicable maximum floor area ratio permitted pursuant to the provisions of Article II, Chapter 3, except as provided for in the following Sections:

Section 34-223        (Floor area bonus for a public plaza)

Section 34-224        (Floor area bonus for an arcade)

Section 34-225        (Floor area increase for Inclusionary Housing in C4-7 Districts within Community District 7, Borough of Manhattan).

34-222 Change of Use

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A non-residential use occupying a building, or portion thereof, that was in existence on December 15, 1961, may be changed to a residential use and the regulations on minimum required open space ratio and maximum floor area ratio shall not apply to such change of use.

34-223 Floor Area Bonus for a Public Plaza

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In the districts indicated, except for Quality Housing buildings, for each square foot of public plaza provided in accordance with the provisions of Section 37-70, inclusive, the total floor area permitted on that zoning lot under the provisions of Section 23-15 (Open Space and Floor Area Regulations in R6 Through R10 Districts) may be increased by six square feet.

34-224 Floor Area Bonus for an Arcade

C4-6 C4-7 C5-1 C5-2 C5-4 C6-4 C6-5 C6-8

In the districts indicated, except for Quality Housing buildings, for each square foot of arcade provided in accordance with the provisions of Section 37-80 (ARCADES), the total floor area permitted on that zoning lot under the provisions of Section 23-15 (Open Space and Floor Area Regulations in R6 Through R10 Districts) may be increased by three square feet.

34-225 Floor Area Increase for Inclusionary Housing in C4-7 Districts Within Community District 7, Borough of Manhattan

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 Inclusionary Housing provisions of Sections 23-154 and 23-90.

34-23 Modification of Yard Regulations

34-231 Modification of Front Yard Requirements

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In the districts indicated, except as otherwise provided in Section 34-233 (Special provisions applying along district boundaries), no front yard shall be required for any residential building.

34-232 Modification of Side Yard Requirements

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In the districts indicated, except as otherwise provided in Section 34-233 (Special provisions applying along district boundaries), no side yard shall be required for any residential building. However, if any open area extending along a side lot line is provided, such open area shall have a width of not less than eight feet. Permitted obstructions, pursuant to paragraph (a) of Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents), shall be permitted in such open areas.

34-233 Special Provisions Applying Along District Boundaries

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(a)        In the districts indicated, if a Commercial District boundary coincides with a side lot line of a zoning lot in an R1, R2, R3, R4 or R5 District and a side lot line of any adjoining zoning lot in such Commercial District, a front yard is required for the portion of such zoning lot in the Commercial District within 25 feet of the district boundary. The depth of such front yard shall be equal to the required depth of a front yard in the adjacent Residence District.

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(b)        In the districts indicated, along such portion of the boundary of a Commercial District that coincides with a side lot line of a zoning lot in an R1, R2, R3, R4 or R5 District, an open area not higher than curb level with a width of at least eight feet is required for a residential building on a zoning lot within the Commercial District.

In addition, the provisions of paragraph (e) of Section 34-24 shall apply to such building.

34-24 Modification of Height and Setback Regulations

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In the districts indicated, the height and setback regulations set forth in Article II, Chapter 3, and made applicable to such districts in Section 34-11 (General Provisions), are modified as set forth in this Section.

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(a)        Application of sky exposure planes

In the districts indicated, except as set forth in paragraph (a) of Section 34-233 (Special provisions applying along district boundaries), no front yard is required for any residential building in a Commercial District. Therefore, in applying the height and setback regulations in a Commercial District, a sky exposure plane (which in a Residence District would be measured from a point above the front yard line) may be measured from a point above the street line. In cases where the provisions of paragraph (a) of Section 34-233 apply, the sky exposure plane is measured from a point above the front yard line.

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(b)        When mapped within R3 or R4A Districts

In C1 or C2 Districts mapped within R3 or R4A Districts, the height and setback regulations applicable to R4 Districts, except R4A and R4B Districts, may be used for residential buildings.

(c)        When mapped within R4, R4-1 or R4B Districts

In C1 or C2 Districts mapped within R4, R4B or R4-1 Districts, the height and setback regulations applicable to an R5B District may be used for residential buildings.

C4-2F C4-4 C4-5 C4-6 C4-7 C5 C6

(d)        Special provisions for narrow buildings

In the districts indicated, the provisions of Section 23-692 (Height limitations for narrow buildings or enlargements) shall apply, subject to the additional rules and exceptions therein, only to Quality Housing buildings. However, in such districts, the street wall location provisions of paragraph (4) of Section 23-692 shall not apply.

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(e)        Special provisions applying along district boundaries

The portion of a Quality Housing building located within 25 feet of the boundary of an R1, R2, R3, R4, R5 or R6B District shall comply with the provisions of Section 23-693 (Special provisions applying adjacent to R1 through R6B Districts).

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(f)        For Quality Housing buildings

In the districts indicated, for buildings utilizing the bulk regulations for Quality Housing buildings in Article II, Chapter 3, the height and setback provisions of Section 23-66 (Height and Setback Requirements for Quality Housing Buildings) shall be modified by the provisions of Section 35-65, and, for buildings containing affordable independent residences for seniors, the permitted obstructions set forth in Section 23-44 shall be modified by the provisions of Section 35-532.

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