// CODE SNIPPET
33-10 Floor Area Regulations
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Words in italics are defined in Section 12-10 or, if applicable exclusively to this Section, in this Section.
C1 C2 C3 C4 C5 C6 C7 C8
In all districts, as indicated, for any zoning lot, the maximum floor area ratio shall not exceed the floor area ratio set forth in this Section, except as otherwise provided in the following Sections:
Section 33-13 (Floor Area Bonus for a Public Plaza)
Section 33-14 (Floor Area Bonus for Arcades)
Section 33-15 (Floor Area Bonus for Front Yards)
Section 33-16 (Special Provisions for Zoning Lots Divided by District Boundaries)
Any given lot area shall be counted only once in determining the floor area ratio.
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.
Except where authorized by express provisions of this Resolution, the maximum floor area ratio shall not exceed the amount set forth in this Section by more than 20 percent.
In addition, the following limitations on maximum permitted floor area shall apply:
C1-8A C1-8X C1-9A C2-7A C2-7X C2-8A C4-6A C4-7A C5-1A C5-2A C6-2A C6-3A C6-3D C6-3X C6-4A
(a) In contextual Commercial Districts
In the districts indicated, and in C1 and C2 Districts mapped within R9A, R9D, R9X, R10A or R10X Districts, no floor area bonuses are permitted.
In the districts indicated, and in C1 and C2 Districts mapped within R9A, R9D, R9X, R10A or R10X Districts, no floor area bonuses are permitted.
(b) In Community Board 7, Borough of Manhattan
Within the boundaries of Community Board 7 in Manhattan, in R10 equivalent Commercial Districts without a letter suffix, the maximum floor area ratio shall not exceed 10.0.
Within the boundaries of Community Board 7 in Manhattan, in R10 equivalent Commercial Districts without a letter suffix, the maximum floor area ratio shall not exceed 10.0.
(c) In C6-1A Districts
In C6-1A Districts, the maximum floor area ratio shall not exceed the amount set forth in this Section by more than 50 percent.
In C6-1A Districts, the maximum floor area ratio shall not exceed the amount set forth in this Section by more than 50 percent.
(d) In C6-4X Districts
In C6-4X Districts, a floor area bonus shall only be permitted for a public plaza pursuant to Section 33-13.
In C6-4X Districts, a floor area bonus shall only be permitted for a public plaza pursuant to Section 33-13.
C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5
In the districts indicated, for a zoning lot containing a commercial or community facility use, the maximum floor area ratio is determined by the Residence District within which such Commercial District is mapped and shall not exceed the maximum floor area ratio set forth in the following table:
MAXIMUM FLOOR AREA RATIO
District | Column A For Zoning Lots Containing only Commercial Use | Column B For Zoning Lots Containing only Community Facility Use | Column C For Zoning Lots Containing both Commercial and Community Facility Uses |
R1 R2 | 1.00 | 0.50 | 1.00 |
R3-1 R3A R3X | 1.00 | 1.00 | 1.00 |
R3-2 | 1.00 | 1.60 | 1.60 |
R4 R5 | 1.00 | 2.00 | 2.00 |
R5D R6B | 2.00 | 2.00 | 2.00 |
R6A R7B | 2.00 | 3.00 | 3.00 |
R7A R8B | 2.00 | 4.00* | 4.00 |
R7D | 2.00 | 4.20 | 4.20 |
R6 R7-1 | 2.00 | 4.80 | 4.80 |
R7X | 2.00 | 5.00 | 5.00 |
R7-2 R8 R8A | 2.00 | 6.50 | 6.50 |
R8X | 2.00 | 6.00 | 6.00 |
R9 | 2.00 | 10.00 | 10.00 |
R9A | 2.00 | 7.50 | 7.50 |
R9D | 2.00 | 9.00 | 9.00 |
R9X | 2.00 | 9.00 | 9.00 |
R10 | 2.00 | 10.00 | 10.00 |
________
* In R8B Districts, within the boundaries of Community District 8 in the Borough of Manhattan, the maximum floor area ratio on a zoning lot containing community facility use exclusively shall not exceed 5.10
In addition, the following provisions shall apply:
(a) For zoning lots containing both commercial uses and community facility uses, the total floor area used for commercial uses shall not exceed the amount permitted for zoning lots containing only commercial uses set forth in Column A.
(b) In C1 and C2 Districts mapped within R1 and R2 Districts, the maximum floor area ratio for community facility uses on a zoning lot containing both commercial uses and community facility uses is 0.50 unless it is increased pursuant to the special permit provisions of Section 74-902 (Certain community facility uses in R1 and R2 Districts and certain Commercial Districts.)
(c) In C1 and C2 Districts mapped within R1, R2, R3-1, R3A and R3X Districts in the Borough of Staten Island and in Community District 10 in the Borough of the Bronx, the maximum floor area ratio for any zoning lot containing a building used for ambulatory diagnostic or treatment health care facilities, as listed in Section 22-14 (Use Group 4), or child care services, as listed under the definition of school in Section 12-10 (DEFINITIONS) shall be 1.2.
(d) In C1 and C2 Districts mapped within R3, R4, R5, R6, R7, R8 and R9 Districts, for any zoning lot containing philanthropic or non-profit institutions with sleeping accommodations, or in C1 and C2 Districts mapped within R3-1, R3A, R3X, R4-1, R4A, R4B, R5A, R5B and R5D Districts, for any zoning lot containing long-term care facilities, the total floor area for all such community facility uses shall not exceed the amount as set forth in paragraph (b) of Section 24-111 (Maximum floor area ratio for certain community facility uses) or, for Quality Housing buildings, as set forth in Section 23-153, unless modified pursuant to Section 74-903.
(e) The maximum floor area ratio for any zoning lot used partly for commercial uses and partly for long-term care facilities in C1 and C2 Districts mapped within R3-1, R3A, R3X, R4-1, R4A, R4B, R5A, R5B and R5D Districts, or philanthropic or non-profit institutions with sleeping accommodations in C1 or C2 Districts mapped within R3 through R9 Districts, shall not exceed the amount permitted for a zoning lot containing commercial uses as set forth for the applicable Residence District within which such Commercial District is mapped in Column A. However, for the districts in which the allowable floor area ratio, as set forth in paragraph (b) of Section 24-111 or, for Quality Housing buildings, as set forth in Section 23-153, exceeds the amount permitted for a zoning lot containing commercial uses, as set forth in Column A, the provisions of paragraph (b) of Section 24-111 or Section 23-153, as applicable, shall be used to compute the maximum floor area permissible for the zoning lot unless modified pursuant to Section 74-903.
C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C3 C4 C5 C6 C7 C8
In the districts indicated, the maximum floor area ratio for a zoning lot containing only commercial uses shall not exceed the floor area ratio set forth in the following table:
Districts | Maximum Floor Area Ratio |
C3 | 0.50 |
C4-1 C8-1 | 1.00 |
C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C7 C8-2 C8-3 | 2.00 |
C4-2A C4-3A | 3.00 |
C4-2 C4-2F C4-3 C4-4 C4-4D C4-5 C4-6 | 3.40 |
C4-4A C4-4L C4-5A C4-5X C5-1 | 4.00 |
C4-5D | 4.20 |
C8-4 | 5.00 |
C6-1 C6-2 C6-3 | 6.00 |
C6-3D | 9.00 |
C4-7 C5-2 C5-4 C6-4 C6-5 C6-8 | 10.00 |
C5-3 C5-5 C6-6 C6-7 C6-9 | 15.00 |
C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C3 C4 C5 C6 C8
In the districts indicated, the maximum floor area ratio for a zoning lot containing community facility uses, or for a zoning lot containing both commercial and community facility uses, shall not exceed the floor area ratio set forth in the following table:
Districts | Maximum Floor Area Ratio |
C3 | 1.00 |
C4-1 | 2.00 |
C8-1 | 2.40 |
C4-2A C4-3A | 3.00 |
C1-6A C2-6A C4-4A C4-4L C4-5A | 4.00 |
C4-5D | 4.20 |
C4-2 C4-3 C8-2 | 4.80 |
C4-5X | 5.00 |
C6-1A | 6.00 |
C1-6 C1-7 C2-6 C4-2F C4-4 C4-4D C4-5 C6-1 C6-2 C8-3 C8-4 | 6.50 |
C1-8A C2-7A C6-3A | 7.50 |
C1-8X C2-7X C6-3D C6-3X | 9.00 |
C1-8 C1-9 C2-7 C2-8 C4-6 C4-7 C5-1 C5-2 C5-4 C6-3 C6-4 C6-5 C6-8 | 10.00 |
C5-3 C5-5 C6-6 C6-7 C6-9 | 15.00 |
For zoning lots containing both commercial uses and community facility uses, the total floor area used for commercial uses shall not exceed the amount permitted for zoning lots containing only commercial uses in Section 33-122.
In addition, the following provisions shall apply:
(a) In all Commercial Districts except C8 Districts, or districts with a residential equivalent of an R10 District, for any zoning lot containing philanthropic or non-profit institutions with sleeping accommodations, the total floor area used for such community facility use shall not exceed the amount as set forth in paragraph (b) of Section 24-111 (Maximum floor area ratio for certain community facility uses) or, for Quality Housing buildings, as set forth in Section 23-153, applying the equivalent Residence District (indicated in Section 34-112) for the Commercial District in which such use is located, unless modified pursuant to Section 74-903 (Certain community facility uses in R3 to R9 Districts and certain Commercial Districts).
(b) The maximum floor area ratio for any zoning lot used partly for commercial use and partly for philanthropic or non-profit institutions with sleeping accommodations in Commercial Districts other than C8 Districts, or Commercial Districts with a residential equivalent of an R10 District, shall not exceed the amount permitted for a zoning lot containing commercial uses by the applicable district regulations. However, for the districts in which the allowable floor area ratio, as set forth in paragraph (b) of Section 24-111 or, for Quality Housing buildings, as set forth in Section 23-153, exceeds the amount permitted for a zoning lot containing commercial uses, the provisions of paragraph (b) of Section 24-111 or Section 23-153, as applicable, shall be used to compute the maximum floor area permissible for the zoning lot unless modified pursuant to Section 74-903.
(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.
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).
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 public open areas
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).
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).
(d) Elimination or reduction in size of existing public amenities
In all Commercial Districts, no existing 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 of the City Planning Commission, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).
In all Commercial Districts, no existing 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 of the City Planning Commission, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).
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