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// CODE SNIPPET

23-664 Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors

NYC Zoning Resolution > II Residence District Regulations > 3 Residential Bulk Regulations in Residence Districts > 23-60 Height and Setback Regulations > 23-66 Height and Setback Requirements for Quality Housing Buildings > 23-664 Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors
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(2/14/18)

R6 R7 R8 R9 R10

In the districts indicated, the provisions of this Section shall apply to #Quality Housing buildings# on #zoning lots# meeting the criteria set forth in paragraph (a) of this Section. For the purposes of this Section, defined terms include those set forth in Sections 12-10 and 23-911. Additional height and setback provisions for #compensated developments# and #MIH developments#, as defined in Section 23-911, are set forth in Sections 23-951 and 23-952, respectively.
  1. Eligible #buildings#

    The additional heights and number of #stories# permitted pursuant to this Section shall apply to:


    1. #buildings# on #zoning lots# in R10 Districts outside of #Inclusionary Housing designated areas#, where:

      1. in accordance with the provisions of paragraph (a) of Section 23-154 (Inclusionary Housing), the #zoning lot# achieves a #floor area ratio# of at least 11.0; and

      2. such #zoning lot# includes a #compensated development# that contains #affordable floor area#;

    2. #buildings# on #zoning lots# in #Inclusionary Housing designated areas#, where:

      1. 50 percent or more of the #floor area# of the #zoning lot# contains #residential uses#; and

      2. at least 20 percent of such #residential floor area# is #affordable floor area# provided in accordance with the provisions of paragraph (b) of Section 23- 154;

    3. #MIH developments# on #MIH zoning lots# that also contain #MIH sites#, where such #MIH zoning lot# contains all #affordable floor area# required for such #MIH development#; or
    4. #buildings# on #zoning lots# where at least 20 percent of the #floor area# of the #zoning lot# contains #affordable independent residences for seniors#.

  2. For certain #Quality Housing buildings# in all applicable districts

    For #Quality Housing buildings# meeting the criteria of paragraph (a) of this Section, the maximum base and #building# heights and maximum number of #stories# established in Section 23-662 shall be modified by Table 1 below. Separate maximum #building# heights are set forth within the table for #Quality Housing buildings# with #qualifying ground floors# and for those with #non-qualifying ground floors#.

    TABLE 1

    MODIFIED MAXIMUM BASE HEIGHT
    AND MAXIMUM BUILDING HEIGHT
    FOR CERTAIN QUALITY HOUSING BUILDINGS
    FOR CONTEXTUAL DISTRICTS
    District Minimum
    Base Height
    (in feet)
    Maximum
    Base Height
    (in feet)
    Maximum
    Height for
    #Building
    or other
    Structures#
    with #non-
    qualifying
    ground
    floors#
    (in feet)
    Maximum
    Height for
    #Buildings
    or other
    Structures#
    with
    #qualifying
    ground
    floors#
    (in feet)
    Maximum
    Number of
    #Stories#
    R6A 40 65 80 85 8
    R7A 40 75 90 95 9
    R7D 60 95 110 115 11
    R7X1 60 105 140 145 14
    R8A 60 105 140 145 14
    R8X 60 105 170 175 17
    R9A2 60 125 170 175 17
    R9A3 60 125 160 165 16
    R9X2 105 145 200 205 20
    R9X3 60 145 190 195 19
    R10A2 125 155 230 235 23
    R10A3 60 155 210 215 21
    FOR NON-CONTEXTUAL DISTRICTS
    District Minimum
    Base Height
    (in feet)
    Maximum
    Base Height
    (in feet)
    Maximum
    Height for
    #Buildings
    or other
    Structures#
    with #non-
    qualifying
    ground
    floors#
    (in feet)
    Maximum
    Height for
    #Buildings
    or other
    Structures#
    with #qualifying
    ground
    floors#
    (in feet)
    Maximum
    Number of
    #Stories#
    R64 40 65 80 85 8
    R72 40 75 100 105 10
    R75 40 75 90 95 9
    R8 60 105 140 145 14
    R92 60 125 170 175 17
    R93 60 125 160 165 16
    R102 125 155 230 235 23
    R103 60 155 210 215 21

    ______

    1       In R7X Districts, the modified base heights, maximum #building# heights and number of #stories# are permitted only for #buildings# on #zoning lots# meeting the criteria of paragraphs (a)(3) or (a)(4) of this Section

    2       For #zoning lots# or portions thereof within 100 feet of a #wide street#

    3       For #zoning lots# or portions thereof on a #narrow street# beyond 100 feet of a #wide street#, or for #zoning lots# with only #wide street# frontage, portions of such #zoning lot# beyond 100 feet of the #street line#

    4       For #buildings# meeting the criteria of paragraph (a)(4) of this Section, and #buildings# meeting the other criteria of paragraph (a) of this Section on #zoning lots# located within 100 feet of a #wide street#

    5       For #buildings# meeting the criteria of paragraph (a)(4) of this Section, on #zoning lots# or portions thereof on a #narrow street# beyond 100 feet of a #wide street#, and for #zoning lots# with only #wide street# frontage, portions of such #zoning lot# beyond 100 feet of the #street line#

  3. Alternative regulations for certain #Quality Housing buildings# in non-contextual districts

    For #Quality Housing buildings# in R6 through R8 Districts without a letter suffix and in an R9-1 District, the #street wall# location provisions of Sections 23-661 and the height and setback provisions of Section 23-662 and paragraph (b) of this Section need not apply to:

    1. #buildings# on #MIH zoning lots# meeting the criteria of paragraph (a)(3) of this Section.
    2. #buildings# on #zoning lots# containing an #affordable independent residence for seniors# meeting the criteria of paragraph (a)(4) of this Section, where such #zoning lot# is located within 150 feet of the following types of transportation infrastructure:


      1. an elevated rail line;
      2. an open railroad right of way;
      3. a limited-access expressway, freeway, parkway or highway, all of which prohibit direct vehicular access to adjoining land; or
      4. an elevated #street# located on a bridge that prohibits direct vehicular access.
      Such 150-foot measurement shall be measured perpendicular from the edge of such infrastructure.

    In lieu thereof, the height of a #building or other structure#, or portion thereof, within 10 feet of a #wide street# or 15 feet of a #narrow street#, shall not exceed the maximum base height specified for the applicable zoning district in Table 2 below. Beyond 10 feet of a #wide street# and 15 feet of a #narrow street#, the height of the #building or other structure# shall not exceed the maximum #building# height specified for the applicable district in the table, or the maximum number of #stories#, whichever is less.


TABLE 2

ALTERNATIVE MAXIMUM BASE HEIGHT
AND MAXIMUM BUILDING HEIGHT
FOR CERTAIN QUALITY HOUSING BUILDINGS
IN NON-CONTEXTUAL DISTRICTS
District Maximum Base
Height
(in feet)

Maximum Height of
#Building or
other Structure#
(in feet)


Maximum Number
of #Stories#
R6 65 115 11
R7 75 135 13
R8 105 215 21
R9-1 125 285 28
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