23-10 Open Space and Floor Area Regulations

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In all districts, as indicated, the open space and floor area provisions for a building or other structure shall be as set forth in this Section, inclusive.

The regulations for permitted obstructions in required open space in all districts are set forth in Section 23-12. The regulations for balconies in all districts are set forth in Section 23-13.

Open space and floor area regulations applicable to R1 through R5 Districts are set forth in Section 23-14. Open space and floor area regulations applicable to R6 through R10 Districts are set forth in Section 23-15.

Special open space and floor area provisions are set forth in Section 23-16 (Special Floor Area and Lot Coverage Provisions for Certain Areas) for standard tower and tower-on-a-base buildings in R9 and R10 Districts, as well as for certain areas in Community District 7 and Community District 9 in the Borough of Manhattan, and Community District 12 in the Borough of Brooklyn. Additional provisions are set forth in Sections 23-17 (Existing Public Amenities for Which Floor Area Bonuses Have Been Received) and 23-18 (Special Provisions for Zoning Lots Divided by District Boundaries or Subject to Different Bulk Regulations).

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In the districts indicated, the following obstructions shall be permitted in any open space required on a zoning lot :

(a)        Air conditioning condensation units, accessory, for single- or two-family residences, provided that such units, if located between a street wall, or prolongation thereof, and a street line, are not more than 18 inches from a street wall, and fully screened from the street by vegetation;

(b)        Awnings and other sun control devices. However, when located at a level higher than the first story, excluding a basement, all such devices:

(1)        shall be limited to a maximum projection from a building wall of 2 feet, 6 inches; and

(2)        shall have solid surfaces that, in aggregate, cover an area no more than 30 percent of the area of the building wall (as viewed in elevation) from which they project;

(c)        Balconies, unenclosed, subject to the provisions of Section 23-13;

(d)        Breezeways;

(e)        Driveways, private streets, open accessory off-street parking spaces, unenclosed accessory bicycle parking spaces or open accessory off-street loading berths, provided that the total area occupied by all these items does not exceed the percentages set forth in Section 25-64 (Restrictions on Use of Open Space for Parking);

(f)        Eaves, gutters or downspouts, projecting into such open space not more than 16 inches or 20 percent of the width of such open space, whichever is the lesser distance;

(g)        Exterior wall thickness, where such wall thickness is added to the exterior face of a building wall existing on April 30, 2012, provided the added wall thickness has a thermal resistance (R-value) of at least 1.5 per inch, and is limited to one inch of thickness for every foot of existing open space width, up to a maximum thickness of eight inches;

(h)        Parking spaces, off-street, enclosed, accessory, not to exceed one space per dwelling unit, when accessory to a single-family, two-family or three-family residence, provided that the total area occupied by a building used for such purposes does not exceed 20 percent of the total required open space on the zoning lot. However, two such spaces for a single-family residence may be permitted in lower density growth management areas and in R1-2A Districts;

(i)        Solar energy systems:

(1)        on the roof of an accessory building, limited to 18 inches in height as measured perpendicular to the roof surface; or

(2)        on walls existing on April 30, 2012, projecting no more than 10 inches and occupying no more than 20 percent of the surface area of the building wall (as viewed in elevation) from which it projects;

(j)        Swimming pools, accessory, above-grade structures limited to a height not exceeding eight feet above the level of the rear yard or rear yard equivalent ;

(k)        Terraces, unenclosed, fire escapes or planting boxes, provided that no such items project more than six feet into or over such open space.

However, any such open space that is part of a required yard, rear yard equivalent or court may contain an obstruction listed in this Section only where such obstruction is permitted, pursuant to Sections 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) or 23-87 (Permitted Obstructions in Courts), as applicable.

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In the districts indicated, balconies that are:

(a)        unenclosed except for a parapet not exceeding 3 feet, 8 inches in height, or a railing not less than 50 percent open and not exceeding 4 feet, 6 inches in height; and

(b)        located at or above the floor level of the second story provided that such balcony is not lower than seven feet above curb level or adjacent natural grade, whichever is higher;

may, as permitted in this Section, project into or over any required open area set forth in the following Sections:

(1)        front yards, as defined in Section 12-10 (DEFINITIONS);

(2)        rear yards or rear yard equivalents, as defined in Section 12-10;

(3)        open space, as defined in Section 12-10, excluding:

(i)        side yards, as defined in Section 12-10;

(ii)        required minimum dimensions of courts, as defined in Section 12-10; and as set forth in Section 23-80 (COURT REGULATIONS, MINIMUM DISTANCE BETWEEN WINDOWS AND WALLS OR LOT LINES AND OPEN AREA REQUIRMENTS); and

(iii)        required distances between buildings, as set forth in Section 23-71 (Minimum Distance Between Buildings on a Single Zoning lot).

If the depth of the front yard is greater than 12 feet, balconies may project six feet into such front yard provided that, in R1, R2 or R3 Districts, the aggregate width of such balconies does not exceed 50 percent of the width at that level of the plane surface of the building wall from which they project and, in R4 or R5 Districts, such aggregate width does not exceed 67 percent.

If the depth of the front yard is 12 feet or less, balconies may project to a distance equal to one-half the depth of such front yard provided the aggregate width of such balconies does not exceed 50 percent of the width at that level of the plane surface of the building wall from which they project.

Balconies may, by a distance not to exceed eight feet, project into a rear yard or other open space not specifically excluded in paragraphs (2) and (3) of this Section. At the level of the second story, the aggregate width of such balconies is not limited but at the level of the third story or higher such aggregate width shall not exceed 50 percent of the width at that level of the plane surface of the building wall from which the balconies project.

In addition, balconies may be enclosed by building walls provided that at least 33 percent of the perimeter of such balcony is unenclosed except for a parapet not exceeding 3 feet, 8 inches in height, or a railing not less than 50 percent open and not exceeding 4 feet, 6 inches in height. The portion of a balcony enclosed by building walls shall not exceed six feet in depth.

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In the districts indicated, balconies may project into or over any required open area within a publicly accessible open area, a rear yard, an initial setback distance, any open areas not occupied by towers, any required side or rear setbacks, or any required open space, provided that such balcony shall:

(a)        not project by a distance greater than seven feet as measured from the plane surface of the building wall from which it projects;

(b)        not project into the minimum required distance between buildings on the same zoning lot ;

(c)        not cover more than 10 percent of the area designated as outdoor recreation space pursuant to Section 28-20 (RECREATION SPACE AND PLANTING AREAS);

(d)        be unenclosed except for a parapet not exceeding 3 feet, 8 inches in height or a railing not less than 50 percent open and not exceeding 4 feet, 6 inches in height. However, such balconies may be recessed into a building wall up to a maximum depth of six feet provided that at least 33 percent of the perimeter of such balcony is unenclosed except for a parapet or railing;

(e)        be located at or higher than the floor level of the third story of a building or at least 20 feet above curb level, except that for buildings containing residences not more than 32 feet in height, such balcony may be located at or higher than the floor level of the second story provided that such balcony is located not lower than seven feet above curb level or seven feet above natural grade, whichever is higher; and

(f)        have an aggregate width, at the level of any story, not exceeding 50 percent of the width at that level of the plane surface of the building wall from which it projects.

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In the districts indicated for any zoning lot, the minimum required open space or open space ratio shall not be less than set forth in this Section, and the maximum lot coverage shall not exceed the lot coverage as set forth in this Section. Any given lot area or area of open space shall be counted only once in determining the floor area ratio, the amount of open space or the open space ratio.

In R1 and R2 Districts without a letter suffix, the floor area and open space provisions of Section 23-141 shall apply. In R1 and R2 Districts with a letter suffix, and R3, R4 and R5 Districts, the provisions of Section 23-142 shall apply.

In R4 and R5 Districts without a letter suffix, the provisions of Section 23-143 shall apply to buildings utilizing the optional provisions for a predominantly built-up area. In R3-2, R4 and R5 Districts without a letter suffix, the provisions of Section 23-144 shall apply to affordable independent residences for seniors.  

For zoning lots with buildings containing multiple uses or multiple buildings with different uses, the maximum floor area ratio for each use shall be as set forth in the applicable provisions of this Section, inclusive, or Section 24-10 (FLOOR AREA AND LOT COVERAGE REGULATIONS), inclusive, provided the total of all such floor area ratios does not exceed the greatest floor area ratio permitted for any such use on the zoning lot. However, for zoning lots providing affordable independent residences for seniors and other residential uses, the sum of all floor area allocated to uses other than affordable independent residences for seniors on the zoning lot shall not exceed the maximum floor area ratio permitted for residential uses set forth in Sections 23-142 or 23-143, as applicable.

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.

In addition to complying with the provisions of this Section, all zoning lots shall be subject to the provisions set forth in Section 23-22 (Maximum Number of Dwelling Units) as well as all other applicable bulk regulations as set forth in this Chapter.

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In the districts indicated, except R1-2A, R2A and R2X Districts, the minimum required open space ratio shall be 150.0, and the maximum floor area ratio shall be 0.50.