Heads up: There are no suggested sections in this chapter.
Heads up: There are no amended sections in this chapter.

A Resolution regulating the height and bulk of buildings and other structures, regulating and determining the area of yards, courts and other open spaces, and the density of population, and regulating and restricting the location of trades and industries and the location of buildings designed for specific uses within the City of New York, and for such purposes dividing the City into districts.

This Resolution shall be known and may be cited as the Zoning Resolution of the City of New York.

In all districts, after December 15, 1961, any zoning lot or other tract of land, as applicable, and anything therein or thereupon, including any development, enlargement, extension, change of use, new or existing use, conversion, alteration, site alteration, relocation, reconstruction and any building or other structure shall be subject to the regulations of this Resolution; and shall continue to be subject to the provisions of this Resolution in effect at the time of such development, enlargement, establishment of  or change of use, conversion, alteration, site alteration, relocation or reconstruction, unless such provisions are modified by an amendment of this Resolution applicable to buildings or other structures or uses existing at the time of such amendment.

Where an existing use or building or other structure is non-conforming or non-complying, the provisions of Article V (Non-Conforming Uses and Non-Complying Buildings) may apply.

Each zoning district is designated by a letter indicating the general land use classification — R for Residence, C for Commercial and M for Manufacturing — followed by one or two numbers and, sometimes, a letter suffix. In residence districts, generally, the higher the first number, the greater the density permitted and the larger the building. Parking requirements usually decrease as density increases. A second number, following a hyphen (such as R3-1 or R3-2), denotes variations in use, bulk or parking regulations among districts within a common density category. In commercial and manufacturing districts, the first number denotes the intensity of permitted uses; the higher the first number, generally, the broader the scope of uses that are permitted and the more significant the land use impact of such uses. The second number, following a hyphen, denotes differences in bulk or parking regulations within a common use category. The higher the second number, generally, the larger the building permitted and/or the lower the parking requirements. Letter suffixes have been added to the designations of certain districts (such as R10A) to indicate contextual counterparts that seek to maintain, enhance or establish new neighborhood characteristics or building scale.

In order to carry out the purposes and provisions of this Resolution, the following districts are hereby established:

Residence Districts

R1-1        Single-Family Detached Residence District

R1-2        Single-Family Detached Residence District

R1-2A        Single-Family Detached Residence District

R2        Single-Family Detached Residence District

R2A        Single-Family Detached Residence District  

R2X        Single-Family Detached Residence District

R3-1        Detached and Semi-Detached Residence District

R3-2        General Residence District

R3A        Detached Residence District

R3X        Detached Residence District

R4        General Residence District

R4-1        Detached and Semi-Detached Residence District

R4A        Detached Residence District

R4B        General Residence District

R5        General Residence District

R5A        Detached Residence District

R5B        General Residence District

R5D        General Residence District

R6        General Residence District

R6A        General Residence District

R6B        General Residence District

R7-1        General Residence District

R7-2        General Residence District

R7-3        General Residence District

R7A        General Residence District

R7B        General Residence District

R7D        General Residence District

R7X        General Residence District

R8        General Residence District

R8A        General Residence District

R8B        General Residence District

R8X        General Residence District

R9        General Residence District

R9-1        General Residence District

R9A        General Residence District

R9D        General Residence District

R9X        General Residence District

R10        General Residence District

R10A        General Residence District

R10H        General Residence District

R10X        General Residence District

Commercial Districts

C1-1        Local Retail District

C1-2        Local Retail District

C1-3        Local Retail District

C1-4        Local Retail District

C1-5        Local Retail District

C1-6        Local Retail District

C1-6A        Local Retail District

C1-7        Local Retail District

C1-7A        Local Retail District

C1-8        Local Retail District

C1-8A        Local Retail District

C1-8X        Local Retail District

C1-9        Local Retail District

C1-9A        Local Retail District

C2-1        Local Service District

C2-2        Local Service District

C2-3        Local Service District

C2-4        Local Service District

C2-5        Local Service District

C2-6        Local Service District

C2-6A        Local Service District

C2-7        Local Service District

C2-7A        Local Service District

C2-7X        Local Service District

C2-8        Local Service District

C2-8A        Local Service District

C3        Waterfront Recreation District

C3A        Waterfront Recreation District

C4-1        General Commercial District

C4-2        General Commercial District

C4-2A        General Commercial District

C4-2F        General Commercial District

C4-3        General Commercial District

C4-3A        General Commercial District

C4-4        General Commercial District

C4-4A        General Commercial District

C4-4D        General Commercial District

C4-4L        General Commercial District

C4-5        General Commercial District

C4-5A        General Commercial District

C4-5D        General Commercial District

C4-5X        General Commercial District

C4-6        General Commercial District

C4-6A        General Commercial District

C4-7        General Commercial District

C4-7A        General Commercial District

C5-1        Restricted Central Commercial District

C5-1A        Restricted Central Commercial District

C5-2        Restricted Central Commercial District

C5-2.5        Restricted Central Commercial District

C5-2A        Restricted Central Commercial District

C5-3        Restricted Central Commercial District

C5-3.5        Restricted Central Commercial District

C5-4        Restricted Central Commercial District

C5-5        Restricted Central Commercial District

C5-P        Restricted Central Commercial District

C6-1        General Central Commercial District

C6-1A        General Central Commercial District

C6-1G        General Central Commercial District

C6-2        General Central Commercial District

C6-2A        General Central Commercial District

C6-2G        General Central Commercial District

C6-2M        General Central Commercial District

C6-3        General Central Commercial District

C6-3A        General Central Commercial District

C6-3D        General Central Commercial District

C6-3X        General Central Commercial District

C6-4        General Central Commercial District

C6-4.5        Restricted Central Commercial District

C6-4A        General Central Commercial District

C6-4M        General Central Commercial District

C6-4X        General Central Commercial District

C6-5        General Central Commercial District

C6-5.5        Restricted Central Commercial District

C6-6        General Central Commercial District

C6-6.5        Restricted Central Commercial District

C6-7        General Central Commercial District

C6-7.5        Restricted Central Commercial District

C6-7T        Restricted Central Commercial District

C6-8        General Central Commercial District

C6-9        General Central Commercial District

C7        Commercial Amusement District

C8-1        General Service District

C8-2        General Service District

C8-3        General Service District

C8-4        General Service District

Manufacturing Districts

M1-1        Light Manufacturing District (High Performance)

M1-1D        Light Manufacturing District (High Performance)

M1-2        Light Manufacturing District (High Performance)

M1-2D        Light Manufacturing District (High Performance)

M1-3        Light Manufacturing District (High Performance)

M1-3D        Light Manufacturing District (High Performance)

M1-4        Light Manufacturing District (High Performance)

M1-4D        Light Manufacturing District (High Performance)

M1-5        Light Manufacturing District (High Performance)

M1-5A        Light Manufacturing District (High Performance)

M1-5B        Light Manufacturing District (High Performance)

M1-5D        Light Manufacturing District (High Performance)

M1-5M        Light Manufacturing District (High Performance)

M1-6        Light Manufacturing District (High Performance)

M1-6D        Light Manufacturing District (High Performance)

M1-6M        Light Manufacturing District (High Performance)

M2-1        Medium Manufacturing District (Medium Performance)

M2-2        Medium Manufacturing District (Medium Performance)

M2-3        Medium Manufacturing District (Medium Performance)

M2-4        Medium Manufacturing District (Medium Performance)

M3-1        Heavy Manufacturing District (Low Performance)

M3-2        Heavy Manufacturing District (Low Performance)

Special Purpose Districts

Establishment of the Special 125th Street District

In order to carry out the special purposes of this Resolution as set forth in Article IX, Chapter 7, the Special 125th Street District is hereby established.

Establishment of the Special Battery Park City District

In order to carry out the special purposes of this Resolution as set forth in Article VIII, Chapter 4, the Special Battery Park City District is hereby established.

Establishment of the Special Bay Ridge District

In order to carry out the special purposes of this Resolution as set forth in Article XI, Chapter 4, the Special Bay Ridge District is hereby established.

Establishment of the Special Bay Street Corridor District

In order to carry out the special purposes of this Resolution as set forth in Article XIII, Chapter 5, the Special Bay Street Corridor District is hereby established.

Establishment of the Special City Island District

In order to carry out the special purposes of this Resolution as set forth in Article XI, Chapter 2, the Special City Island District is hereby established.

Establishment of the Special Clinton District

In order to carry out the special purposes of this Resolution as set forth in Article IX, Chapter 6, the Special Clinton District is hereby established.

Establishment of the Special Coastal Risk District

In order to carry out the special purposes of this Resolution as set forth in Article XIII, Chapter 7, the Special Coastal Risk District is hereby established.

Establishment of the Special College Point District

In order to carry out the special purposes of this Resolution as set forth in Article XII, Chapter 6, the Special College Point District is hereby established.

Establishment of the Special Coney Island District

In order to carry out the special purposes of this Resolution as set forth in Article XIII, Chapter 1, the Special Coney Island District is hereby established.

Establishment of the Special Coney Island Mixed Use District

In order to carry out the special purposes of this Resolution as set forth in Article X, Chapter 6, the Special Coney Island Mixed Use District is hereby established.

Establishment of the Special Downtown Brooklyn District

In order to carry out the special purposes of this Resolution as set forth in Article X, Chapter 1, the Special Downtown Brooklyn District is hereby established.

Establishment of the Special Downtown Far Rockaway District

In order to carry out the special purposes of this Resolution as set forth in Article XIII, Chapter 6, the Special Downtown Far Rockaway District is hereby established.

Establishment of the Special Downtown Jamaica District

In order to carry out the special purposes of this Resolution as set forth in Article XI, Chapter 5, the Special Downtown Jamaica District is hereby established.

Establishment of the Special East Harlem Corridors District

In order to carry out the special purposes of this Resolution as set forth in Article XIII, Chapter 8, the Special East Harlem Corridors District is hereby established.

Establishment of the Special Enhanced Commercial District

In order to carry out the special purposes of this Resolution as set forth in Article XIII, Chapter 2, the Special Enhanced Commercial District is hereby established.

Establishment of the Special Forest Hills District

In order to carry out the special purposes of this Resolution as set forth in Article VIII, Chapter 6, the Special Forest Hills District is hereby established.

Establishment of the Special Garment Center District

In order to carry out the special purposes of this Resolution as set forth in Article XII, Chapter 1, the Special Garment Center District is hereby established.

Establishment of the Special Governors Island District

In order to carry out the special purposes of this Resolution, as set forth in Article XIII, Chapter 4, the Special Governors Island District is hereby established.

Establishment of the Special Grand Concourse Preservation District

In order to carry out the special purposes of this Resolution as set forth in Article XII, Chapter 2, the Special Grand Concourse Preservation District is hereby established.

Establishment of the Special Harlem River Waterfront District

In order to carry out the special purposes of this Resolution as set forth in Article VIII, Chapter 7, the Special Harlem River Waterfront District is hereby established.

Establishment of the Special Hillsides Preservation District

In order to carry out the special purposes of this Resolution as set forth in Article XI, Chapter 9, the Special Hillsides Preservation District is hereby established.

Establishment of the Special Hudson River Park District

In order to carry out the special purposes of this Resolution as set forth in Article VIII, Chapter 9, the Special Hudson River Park District is hereby established.

Establishment of the Special Hudson Square District

In order to carry out the special purposes of this Resolution as set forth in Article VIII, Chapter 8, the Special Hudson Square District is hereby established.

Establishment of the Special Hudson Yards District

In order to carry out the special purposes of this Resolution as set forth in Article IX, Chapter 3, the Special Hudson Yards District is hereby established.

Establishment of the Special Hunts Point District

In order to carry out the special purposes of this Resolution as set forth in Article X, Chapter 8, the Special Hunts Point District is hereby established.

Note: All zoning regulations pertaining to the Special Inwood District Rezoning, which amended the Zoning Resolution (N 180205A ZRM) and Zoning Map (C 180204A ZMM), and which have been in effect since 8/8/18, are no longer in effect as of 12/19/19 per court order. For the applicable zoning designations currently in effect, please see zoning maps 1b, 1d, 3a, and 3c.

Establishment of the Special Inwood District

In order to carry out the special purposes of this Resolution as set forth in Article XIV, Chapter 2, the Special Inwood District is hereby established.

Establishment of the Special Jerome Corridor District

In order to carry out the special purposes of this Resolution as set forth in Article XIV, Chapter 1, the Special Jerome Corridor District is hereby established.

Establishment of Special Limited Commercial District

In order to carry out the special purposes of this Resolution as set forth in Article VIII, Chapter 3, the Special Limited Commercial District is hereby established.

Establishment of Limited Height Districts

The following are hereby established as Limited Height Districts to which the provisions of Sections 23-691, 24-591, 33-491 or 43-49 (Limited Height Districts) shall apply either directly or in other provisions of this Resolution, where they are incorporated by cross-reference:

LH-1   Limited Height District No. 1

LH-1A  Limited Height District No. 1A

LH-2   Limited Height District No. 2

LH-3   Limited Height District No. 3

Establishment of the Special Lincoln Square District

In order to carry out the special purposes of this Resolution as set forth in Article VIII, Chapter 2, the Special Lincoln Square District is hereby established.

Establishment of the Special Little Italy District

In order to carry out the special purposes of this Resolution as set forth in Article X, Chapter 9, the Special Little Italy District is hereby established.

Establishment of the Special Long Island City Mixed Use District

In order to carry out the special purposes of this Resolution as set forth in Article XI, Chapter 7, the Special Long Island City Mixed Use District is hereby established.

Establishment of the Special Lower Manhattan District

In order to carry out the special purposes of this Resolution as set forth in Article IX, Chapter 1, the Special Lower Manhattan District is hereby established.

Establishment of the Special Madison Avenue Preservation District

In order to carry out the special purposes of this Resolution as set forth in Article IX, Chapter 9, the Special Madison Avenue Preservation District is hereby established.

Establishment of the Special Manhattanville Mixed Use District

In order to carry out the special purposes of this Resolution as set forth in Article X, Chapter 4, the Special Manhattanville Mixed Use District is hereby established.

Establishment of the Special Midtown District

In order to carry out the special purposes of this Resolution as set forth in Article VIII, Chapter 1, the Special Midtown District is hereby established.

Establishment of the Special Mixed Use District

In order to carry out the special purposes of this Resolution as set forth in Article XII, Chapter 3, the Special Mixed Use District is hereby established.    

Establishment of the Special Natural Area District

In order to carry out the special purposes of this Resolution as set forth in Article X, Chapter 5, the Special Natural Area District is hereby established.

Establishment of the Special Ocean Parkway District

In order to carry out the special purposes of this Resolution as set forth in Article XI, Chapter 3, the Special Ocean Parkway District is hereby established.

Establishment of the Special Park Improvement District

In order to carry out the special purposes of this Resolution as set forth in Article IX, Chapter 2, the Special Park Improvement District is hereby established.  

Establishment of the Special Planned Community Preservation District

In order to carry out the special purposes of this Resolution as set forth in Article X, Chapter 3, the Special Planned Community Preservation District is hereby established.

Establishment of the Special Scenic View District

In order to carry out the special purposes of this Resolution as set forth in Article X, Chapter 2, the Special Scenic View District is hereby established.

Establishment of the Special Sheepshead Bay District

In order to carry out the special purposes of this Resolution as set forth in Article IX, Chapter 4, the Special Sheepshead Bay District is hereby established.

Establishment of the Special South Richmond Development District

In order to carry out the special purposes of this Resolution as set forth in Article X, Chapter 7, the Special South Richmond Development District is hereby established.

Establishment of the Special Southern Hunters Point District

In order to carry out the special purposes of this Resolution, as set forth in Article XII, Chapter 5, the Special Southern Hunters Point District is hereby established.

Establishment of the Special Southern Roosevelt Island District

In order to carry out the special purposes of this Resolution as set forth in Article XIII, Chapter 3, the Special Southern Roosevelt Island District is hereby established.

Establishment of the Special St. George District

In order to carry out the special purposes of this Resolution as set forth in Article XII, Chapter 8, the Special St. George District is hereby established.

Establishment of the Special Stapleton Waterfront District

In order to carry out the special purposes of this Resolution as set forth in Article XI, Chapter 6, the Special Stapleton Waterfront District is hereby established.

Establishment of the Special Transit Land Use District

In order to carry out the special purposes of this Resolution as set forth in Article IX, Chapter 5, a Special Transit Land Use District is hereby established.

Establishment of the Special Tribeca Mixed Use District

In order to carry out the special purposes of this Resolution as set forth in Article XI, Chapter 1, the Special Tribeca Mixed Use District is hereby established.

Establishment of the Special Union Square District

In order to carry out the special purposes of this Resolution as set forth in Article XI, Chapter 8, the Special Union Square District is hereby established.

Establishment of the Special United Nations Development District

In order to carry out the special purposes of this Resolution as set forth in Article VIII, Chapter 5, the Special United Nations Development District is hereby established.

Establishment of the Special West Chelsea District

In order to carry out the special purposes of this Resolution as set forth in Article IX, Chapter 8, the Special West Chelsea District is hereby established.

Establishment of the Special Willets Point District

In order to carry out the special purposes of this Resolution as set forth in Article XII, Chapter 4, the Special Willets Point District is hereby established.

For the Special Purpose Districts listed in Section 11-122 (Districts established), each Special Purpose District appears on the zoning maps superimposed on other districts and its regulations supplement or modify those of the districts upon which it is superimposed.

District designations indicated on zoning maps do not apply to public parks, except as set forth in Section 105-91 (Special District Designation on Public Parks) and in paragraph (c) of Section 62-351 (Special floor area regulations). In the event that a public park or portion thereof is sold, transferred, exchanged or in any other manner relinquished from the control of the Commissioner of Parks and Recreation, no building permit shall be issued, nor shall any use be permitted on such former public park or portion thereof, until a zoning amendment designating a zoning district therefor has been adopted by the City Planning Commission and has become effective after submission to the City Council in accordance with the provisions of Section 71-10 (PROCEDURE FOR AMENDMENTS).

The location and boundaries of the districts established by this Resolution are shown upon the zoning maps, which are hereby incorporated into the provisions of this Resolution.  The said zoning maps in their entirety, including all amendments thereto, shall be as much a part of this Resolution as if fully set forth and described herein.

The designation (E) or an environmental restrictive declaration, where listed in APPENDIX C (City Environmental Quality Review (CEQR) Environmental Requirements) of this Resolution, indicate that environmental requirements pertaining to potential hazardous materials, noise or air quality impacts have been established in connection with an amendment of or an action pursuant to this Resolution for one or more tax lots. Such environmental requirements are set forth in the CEQR determination related to such amendment or action.

CEQR determinations are on file with the lead agency and the Mayor's Office of Environmental Coordination (MOEC). A listing of such CEQR determinations and their related environmental requirements is found within APPENDIX C of this Resolution. (E) designations and environmental restrictive declarations may only be removed from APPENDIX C or modified in accordance with the provisions of paragraph (d) of this Section.

In the case of a merger or subdivision of lots, any of which is subject to an (E) designation or environmental restrictive declaration, such (E) designation or environmental restrictive declaration shall be considered assigned to all portions of the merged or subdivided lots. The environmental requirements of such (E) designation or environmental restrictive declaration shall apply to the merged or subdivided lots, or portions thereof, as determined by the Office of Environmental Remediation (OER).

Tax lots with environmental requirements shall be subject to the following:

(a)        Building permit conditions

Prior to issuing a building permit or temporary or final certificate of occupancy, for any action listed in paragraphs (a)(1), (a)(2) or (a)(3) of this Section, on a tax lot that has an (E) designation or an environmental restrictive declaration related to hazardous materials, noise or air quality, the Department of Buildings (DOB) shall be furnished with a notice issued by OER stating that OER does not object to the issuance of such building permit, or temporary or final certificate of occupancy, in accordance with the applicable rules of the City of New York (OER Notice).

(1)        For hazardous materials

(i)        any development;

(ii)        an enlargement, extension or change of use, any of which involves a residential or a community facility use; or

(iii)        an enlargement or alteration of a building for any use that involves a disturbance of the soil;

(2)        For air quality

(i)        any development;

(ii)        an enlargement, extension or change of use; or

(iii)        an alteration that involves ventilation or exhaust systems, including, but not limited to, stack relocation or vent replacement; or

(3)        For noise

(i)        any development;

(ii)        an enlargement, extension or change of use; or

(iii)        an alteration that involves window or exterior wall relocation or replacement.

(b)        Ongoing site management

In the event that a duly issued OER Notice indicates that a tax lot that has an (E) designation or an environmental restrictive declaration requires ongoing site management, OER may require that a declaration of covenants and restrictions governing the ongoing site management requirements be recorded against the subject tax lot in the Office of the City Register or, where applicable, in the County Clerk's Office in the county where the lot is located.

As a condition to the issuance of a temporary or final certificate of occupancy or granting of permit sign-off, if no certificate of occupancy is required, DOB shall be provided with proof that the declaration of covenants and restrictions for ongoing site management has been duly recorded. The recording information for the ongoing site management declaration shall be referenced on the first certificate of occupancy to be issued after such declaration is recorded, as well as all subsequent certificates of occupancy, for as long as the declaration remains in effect.

(c)        Modifications

Upon application to OER by the owner of the affected lot(s), OER may, with the consent of the lead agency, modify the environmental requirements set forth in a CEQR determination based upon new information, additional facts or updated standards, as applicable, provided that such modifications are equally protective.

(d)        Completion of environmental requirements

(1)        Removal of tax lots subject to an (E) designation or an environmental restrictive declaration from APPENDIX C

The Department of City Planning (DCP) shall administratively modify APPENDIX C after receiving a duly issued OER Notice, stating that the environmental requirements related to an (E) designation or contained in an environmental restrictive declaration related to potential hazardous materials, noise or air quality have been completed or otherwise no longer apply to a tax lot(s), because:

(i)        no further testing, remediation or ongoing site management is required for hazardous materials contamination;

(ii)        the noise-generating source has been permanently eliminated; or

(iii)        the emissions source related to air quality has been permanently eliminated.

(2)        Removal of an (E) designation from APPENDIX C

DCP shall administratively remove an (E) designation from APPENDIX C when, in accordance with the provisions of paragraph (d)(1) of this Section, the environmental requirements for all tax lots subject to the (E) designation have been completed.

(3)        Cancellation of an environmental restrictive declaration and modification of APPENDIX C

DCP shall administratively remove an environmental restrictive declaration from APPENDIX C when, in accordance with the provisions of paragraph (d)(1) of this Section, the environmental requirements contained in such environmental restrictive declaration have been completed for all tax lots and a Notice of Cancellation of the environmental restrictive declaration has been duly recorded against the subject tax lots in the Office of the City Register or, where applicable, in the County Clerk's Office in the county where the lots are located.

(4)        Notification

DCP shall notify DOB, MOEC and OER when modifications to APPENDIX C are made.

(e)        The provisions of this Section shall apply to all (E) designations and environmental restrictive declarations, notwithstanding the date such environmental requirements were established.

(a)        Block 9898, Lots 1 and 117, in the Borough of Queens, shall be subject to the provisions of Section 11-15 (Environmental Requirements) governing (E) designations. The City Environmental Quality Review (CEQR) Declarations for these sites shall be listed in APPENDIX C (City Environmental Quality Review (CEQR) Environmental Requirements) of the Zoning Resolution.

(b)        The following special requirements shall apply to a development, enlargement or change of use for properties in the Borough of Queens located within the areas described in paragraphs (1) through (5) of this paragraph, (b).

(1)        The regulations of an R4 District shall apply within an area bounded by Liberty Avenue, 170th Street, a line 100 feet southeasterly of Liberty Avenue, and a line 100 feet southwesterly of 168th Place.

(2)        The regulations of a C8-1 District shall apply within an area bounded by Liberty Avenue, a line 100 feet southwesterly of 168th Place, a line 150 feet northwesterly of 104th Avenue, and Merrick Boulevard.

(3)        The regulations of an M1-1 District shall apply within an area bounded by Liberty Avenue, Sutphin Boulevard, 105th Avenue, a line 50 feet southwesterly of 148th Street, a line 100 feet northwesterly of 105th Avenue, and a line 150 feet northeasterly of Sutphin Boulevard.

(4)        The regulations of an R6 District with a C2-2 District overlay shall apply within an area bounded by 163rd Street, a line perpendicular to 163rd Street passing through a point distant 109.42 feet as measured along the easterly street line of 163rd Street from the intersection of the southeasterly line of Hillside Avenue and the northeasterly line of 163rd Street, a line 86 feet northeasterly of 163rd Street, a line perpendicular to 163rd Street passing through a point 146.92 feet distant as measured along the easterly street line of 163rd Street from the intersection of the southeasterly line of Hillside Avenue and the northeasterly line of 163rd Street.  

(5)        The regulations of a C8-1 District shall apply within an area bounded by Hillside Avenue, a line 388 feet westerly of 144th Street, a line 100 feet northwesterly of 88th Avenue, a line 100 feet northeasterly of 139th Street, a line 120 feet northwesterly of 88th Avenue, a line 60 feet northeasterly of 139th Street, a line 70 feet southeasterly of Hillside Avenue, and 139th Street; and within an area bounded by Queens Boulevard, Hillside Avenue, 139th Street, a line 100 feet southeasterly of Hillside Avenue, a line midblock between 139th Street and Queens Boulevard, a line perpendicular to Queens Boulevard passing through a point distant 140 feet as measured along the northeasterly street line of Queens Boulevard from the intersection of the southeasterly line of Hillside Avenue and the northeasterly line of Queens Boulevard.

However, in the event that the Chairperson of the City Planning Commission, based on consultation with the Department of Environmental Protection of the City of New York, provides a certificate of no effect to the Department of Buildings with regard to industrial air emissions for an area described in paragraph (b) of this Section, the regulations of the zoning districts designated on the zoning map shall apply to any development, enlargement or change of use within such area, to the extent permitted under the terms of the certificate of no effect.

The pierhead and bulkhead lines shown on the zoning maps shall be the lines adopted by the United States Army Corps of Engineers, except where a New York City pierhead or bulkhead line is adopted, in which case the New York City line shall be the governing line for the purposes of this Resolution. In the event a provision of this Resolution refers to a pierhead or bulkhead line and no such line is shown on the zoning map, then the shoreline shall control.

Marginal streets, ways, places or wharves shown on the zoning maps shall not be deemed to be streets for the purposes of this Resolution, unless expressly stated otherwise.

In interpreting and applying the provisions of this Resolution, such provisions shall be considered as the minimum requirements:

(a)        to promote and protect public health, safety and general welfare, as set forth in the Preamble to this Resolution and in the statements of legislative intent for the respective districts and other regulations; and

(b)        to provide a gradual remedy for existing conditions which are detrimental thereto.

Whenever any provision of this Resolution and any other provisions of law, whether set forth in this Resolution or in any other law, ordinance or resolution of any kind, impose overlapping or contradictory regulations over the use of land, or over the use or bulk of buildings or other structures, or contain any restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards or requirements shall govern.  In case of any conflict between the performance standards and the rules and regulations adopted by the Department of Environmental Protection, the more restrictive shall apply.

The alteration of an existing building resulting in both the removal of more than 75 percent of the floor area and more than 25 percent of the perimeter walls of such existing building, and the replacement of any amount of floor area, shall be considered a development for the purposes of the following provisions. The provisions of this Section shall apply notwithstanding the provisions of Article V (Non-Conforming Uses and Non-Complying Buildings). However, these provisions shall not apply where the building to be replaced is a single- or two-family residence utilizing the provisions of Article V.

Section 23-03        (Street Tree Planting in Residence Districts)

Section 23-04        (Planting Strips in Residence Districts)

Section 33-03        (Street Tree Planting in Commercial Districts)

Section 37-35        (Parking Wrap and Screening Requirements)

Section 37-40        (OFF-STREET RELOCATION OR RENOVATION OF A SUBWAY STAIR)

Section 81-42        (Retail Continuity along Designated Streets)

Section 81-46        (Off-Street Relocation or Renovation of a Subway Stair)

Section 81-72        (Use Regulations Modified)

Section 82-12        (Mandatory Off-Street Relocation of a Subway Stair)

Section 82-23        (Street Wall Transparency)

Section 91-12        (Uses on Designated Retail Streets)

Section 91-41        (Regulations for Designated Retail Streets)

Section 91-43        (Off-Street Relocation or Renovation of a Subway Stair)

Section 93-14        (Ground Floor Level Requirements)

Section 93-65        (Transit Facilities)

Section 93-66        (Open Area Requirements in the Large-Scale Plan Subdistrict A)

Section 93-70        (PUBLIC ACCESS REQUIREMENTS FOR SPECIAL SITES)

Section 95-03        (Transit Easement)

Section 95-04        (Certification of Transit Easement Volume)

Section 95-08        (Special Use Regulations)

Section 97-12        (Arts and Entertainment Use Requirement)

Section 97-22        (Uses Not Permitted on the Ground Floor of Buildings)

Section 97-23        (Transparency Requirements)

Section 98-14        (Ground Floor Use and Transparency Requirements on Tenth Avenue)

Section 98-53        (Required Open Areas on the East Side of the High Line)

Section 98-54        (Transparency Requirements on the East Side of the High Line)

Section 98-60        (SPECIAL ACCESS REGULATIONS FOR CERTAIN ZONING LOTS)

Section 101-11        (Special Ground Floor Use Regulations)

Section 101-12        (Transparency Requirements)

Section 101-43        (Off-street Relocation or Renovation of a Subway Stair)

Section 108-30        (MODIFICATION OF STREET TREE REQUIREMENTS)

Section 109-132        (Treatment of the ground level wall)

Section 109-21        (Use Regulations)

Section 109-33        (Special Front Wall Regulations)

Section 115-14        (Transparency Requirement in C4-5X and C6 Districts)

Section 116-12        (Mandatory Ground Floor Use and Frontage Requirements)

Section 116-13        (Transparency Requirements)

Section 117-31        (Special Use Regulations)

Section 117-42        (Special Bulk and Use Regulations in the Court Square Subdistrict)

Section 117-44        (Mandatory Subway Improvements)

Section 117-45        (Developer's Notice)

Section 117-513        (Transparency requirement)

Section 117-553        (Mandatory sidewalk widening)

Section 118-40        (ENTRANCE AND STREET WALL TRANSPARENCY REQUIREMENTS)

Section 118-50        (OFF-STREET RELOCATION OF A SUBWAY STAIR WITHIN THE SPECIAL UNION SQUARE DISTRICT)

Section 119-112        (Tier I tree planting requirements)

Section 119-216        (Tier II tree planting requirements)

Section 122-50        (SPECIAL PROVISIONS FOR PLANTING STRIPS)

Section 124-30        (MANDATORY IMPROVEMENTS)

Section 124-40        (PUBLICLY ACCESSIBLE OPEN SPACE REQUIREMENTS)

Section 126-21        (Street Tree Planting)

All regulations applicable to a district designation shall be applicable to such district designation appended with a suffix, except as otherwise set forth in express provisions of this Resolution. If a section lists an R4 District, therefore, the provisions of that section shall also apply to R4-1, R4A and R4B Districts, unless separate provisions for the districts with suffixes are listed within such section. Wherever a section lists only a district with a suffix, the provisions applicable to such district are different from the provisions of that district without a suffix. If a section lists only a C4-6A District, therefore, the provisions of that section are not applicable to a C4-6 District.

In M1-6 Districts located within the rectangle formed by West 35th Street, Fifth Avenue, West 40th Street and Sixth Avenue, no dwelling units shall be permitted, except that:

(a)        dwelling units which the Chairperson of the City Planning Commission determines were occupied on May 18, 1981, shall be a permitted use provided that a complete application to permit such use is filed by the owner of the building or the occupant of the dwelling unit not later than June 21, 1983.  For the purposes of Article 7C of the New York State Multiple Dwelling Law, such a determination of residential occupancy shall be deemed to permit residential use as-of-right for such dwelling unit; and

(b)        in any building for which an alteration application for conversion of floor area used for non-residential use to dwelling units or for an extension or minor enlargement of existing residential use, was filed prior to May 18, 1981, dwelling units shall be permitted, provided that such alterations shall comply with the regulations in effect on the date of such filing.  The right to convert to dwelling units or extend or enlarge existing residential use pursuant to the provisions of this paragraph shall expire one year from July 23, 1981, unless a temporary or permanent certificate of occupancy has been issued.

In the Manufacturing District located in the area between Canal Street, Baxter Street, Walker Street, Centre Street, White Street and Broadway, residential use shall not be permitted.  However:

(a)        all dwelling units for which an alteration application to permit such use was filed with the Department of Buildings prior to December 16, 1982, and a temporary or permanent certificate of occupancy is obtained not later than December 16, 1984, shall be a permitted use; and

(b)        dwelling units which the Chairperson of the City Planning Commission determines were occupied on August 31, 1982, shall be a permitted use provided that a complete application to permit such use is filed by the owner of the building or the occupant of a dwelling unit in such building not later than August 31, 1983.   For the purposes of Article 7C of the New York State Multiple Dwelling Law, such a determination of residential occupancy shall be deemed to permit residential use as-of-right for such dwelling unit.

If, within the area affected by zoning map amendment C880800 ZMM, a variance to modify bulk regulations was granted prior to June 30, 1989, and a permit was issued in accordance with the terms of said variance within two years of the grant of said variance, construction pursuant to said permit may be continued.

For the purposes of Section 11-33, relating to Building Permits Issued before Effective Date of Amendment to this Resolution, the following terms and general provisions shall apply:

(a)        A lawfully issued building permit shall be a building permit which is based on an approved application showing complete plans and specifications, authorizes the entire construction and not merely a part thereof, and is issued prior to any applicable amendment to this Resolution.In case of dispute as to whether an application includes "complete plans and specifications" as required in this Section, the Commissioner of Buildings shall determine whether such requirement has been met.

(b)        The rights set forth in these Sections shall be retained only if all modifications, made in such plans after the effective date of any applicable amendment to this Resolution, do not create a new non-compliance or non-conformity or increase the degree of non-compliance or non-conformity with the provisions of this Resolution, as amended.

(c)        For the purposes of this paragraph (c), abutting buildings on a single zoning lot shall be considered to be a single building. As used in Section 11-33 (Building Permits for Minor or Major Development or Other Construction Issued before Effective Date of Amendment):

(1)        "minor development" shall include:

(i)        construction of any single building which will be non-conforming or non-complying under the provisions of any applicable amendment to this Resolution; or

(ii)        construction of two or more buildings on a single zoning lot which under the provisions of any applicable amendment to this Resolution will be non-conforming; or

(iii)        construction of two or more buildings on contiguous zoning lots or zoning lots which would be contiguous except for their separation by a street or street intersection; and

(a)        have been planned as a unit evidenced by a site plan for all such zoning lots filed with, and approved by, the Department of Buildings prior to the effective date of the applicable amendment; and

(b)        will be non-conforming under the provisions of any applicable amendment to this Resolution; or

(iv)        a major enlargement, which is an enlargement requiring the installation of foundations and involving at least 50 percent of the total floor area of such enlarged building, and which enlargement will be non-conforming or non-complying under the provisions of any applicable amendment to this Resolution.  For the purposes of Section 11-33 (Building Permits for Minor or Major Development or Other Construction Issued before Effective Date of Amendment) only, a major enlargement shall also include any other enlargement adding at least 50,000 square feet to the floor area of an existing building, which enlargement will be non-conforming or non-complying under the provisions of any applicable amendment to this Resolution.

(2)        "major development" shall include:

(i)        construction of two or more buildings on a single zoning lot which will be non-complying under the provisions of any applicable amendment to this Resolution; or

(ii)        construction of two or more buildings on contiguous zoning lots or zoning lots which would be contiguous except for their separation by a street or street intersection; and

(a)        have been planned as a unit evidenced by a site plan for all such zoning lots filed with, and approved by, the Department of Buildings prior to the effective date of the applicable amendment; and

(b)        will be non-complying under the provisions of any applicable amendment to this Resolution.

(3)        "Other construction" shall include:

(i)        any enlargement other than a major enlargement; or

(ii)        any extension, conversion or structural alteration; or

(iii)        construction of any structure other than a building;

which will be non-conforming or non-complying under the provisions of any applicable amendment to this Resolution.

The provisions of this Section shall apply to minor developments, major developments or other construction authorized by building permits lawfully issued before the effective date of an applicable amendment of this Resolution except as specifically provided elsewhere in this Resolution.

If, before the effective date of an applicable amendment of this Resolution, a building permit has been lawfully issued, as set forth in paragraph (a) of Section 11-31, to a person with a possessory interest in a zoning lot, authorizing a minor development or a major development, such construction, if lawful in other respects, may be continued provided that:

(a)        in the case of a minor development, all work on foundations had been completed prior to such effective date; or

(b)        in the case of a major development, the foundations for at least one building had been completed prior to such effective date.

In the event that such required foundations have been commenced but not completed before such effective date, the building permit shall automatically lapse on the effective date and the right to continue construction shall terminate.  An application to renew the building permit may be made to the Board of Standards and Appeals not more than 30 days after the lapse of such building permit.  The Board may renew the building permit and authorize an extension of time limited to one term of not more than six months to permit the completion of the required foundations, provided that the Board finds that, on the date the building permit lapsed, excavation had been completed and substantial progress made on foundations.

(a)        In the event that the construction permitted in Section 11-331 (Right to construct if foundations completed) has not been completed and a certificate of occupancy including a temporary certificate of occupancy, issued therefor within two years after the effective date of any applicable amendment, or for other construction if construction has not been completed on the effective date of any applicable amendment, the building permit shall automatically lapse and the right to continue construction shall terminate.  An application to renew the building permit may be made to the Board of Standards and Appeals not more than 30 days after the lapse of such building permit.  The Board may renew such building permit for two terms of not more than two years each for a minor development or three terms of not more than two years each for a major development or one term of not more than three months for other construction.  In granting such an extension, the Board shall find that substantial construction has been completed and substantial expenditures made, subsequent to the granting of the permit, for work required by any applicable law for the use or development of the property pursuant to the permit.

(b)        However, in the event that construction has not been completed at the expiration of the extended terms specified in paragraph (a) of this Section, or in Sections 11-333 (Residential developments with building permits issued on or before June 30, 1989) or 11-334 (Building permits issued prior to June 29, 1994), such building permit may be renewed by the Board for terms of one year each upon the following findings:

(1)        that the applicant has been prevented from completing such construction by hardship or circumstances beyond the applicant's control;

(2)        that the applicant has not recovered all or substantially all of the financial expenditures incurred in construction, nor is the applicant able to recover substantially all of the financial expenditures incurred through development that conforms and complies with any applicable amendment to this Resolution; and

(3)        that there are no considerations of public safety, health and welfare that have become apparent since the issuance of the permit that indicate an overriding benefit to the public in enforcement of the applicable amendment to this Resolution.

(c)        The rights or obligations that accrue or are created by this Section shall commence on December 5, 1991.

(d)        If judicial proceedings affecting the validity of the building permit have been instituted, the rights or obligations that accrue or are created by this Section shall commence upon the date of entry of the final order in such proceedings, including all appeals.

If on or before June 30, 1989, the foundations of a residential major or minor development have been completed and permits issued pursuant to the requirements of Section 11-331 (Right to construct if foundations completed), and a certificate of occupancy has not been issued by June 30, 1991, construction may continue until June 30, 1995, for a minor development, or until June 30, 1997, for a major development, provided the Commissioner of Buildings determines that 30 percent of the floor area of the major or minor development was roofed and enclosed by walls by June 30, 1991. Applications to continue construction under this Section must be filed with the Commissioner of Buildings within 90 days of December 5, 1991. If the Commissioner of Buildings has granted the right to continue construction of a major or minor development pursuant to this Section, the Board of Standards and Appeals may not grant the right to continue construction pursuant to paragraph (a) of Section 11-332.

If, before June 29, 1994, a building permit has been lawfully issued, as set forth in paragraph (a) of Section 11-31, to a person with a possessory interest in a zoning lot authorizing construction, such construction may be started or continued for a period of one year pursuant to the regulations governing R6A, R6B, R7A, R7B, R7X, R8A, R8B, R8X, R9A, R9X or R10A Districts or Commercial Districts with such Residence District bulk regulations, or in any other district in which such construction complies with the Quality Housing Program, prior to the adoption of N940257 ZRY - Quality Housing Follow-Up Text Amendments.

In R1-2A Districts established on or after April 22, 2009, and R2A Districts established on or after December 20, 2006, if a building permit for other construction has been lawfully issued prior to the dates establishing such districts, such construction may be continued, notwithstanding the provisions of paragraph (a) of Section 11-332 (Extension of period to complete construction), provided that the Department of Buildings determines that all of the requisite structural framing to perform the work authorized under the permit was completed on or before the date establishing the district. If the Commissioner of Buildings determines that such framing was not complete on such date, the provisions of paragraph (a) of Section 11-332 shall apply.

In all districts other than R1, R2, R3, R4 or R5 Districts, if, before April 30, 2008, a building permit has been lawfully issued authorizing construction on a zoning lot, the provisions of N080078 ZRY, pertaining to yards and N080081 ZRY, pertaining to street trees, shall not apply, provided that foundations have been completed in accordance with paragraphs (a) and (b) of Section 11-331 (Right to construct if foundations completed), as applicable, before April 30, 2009. The provisions of Section 11-332 (Extension of period to complete construction) shall not apply.

If, before April 22, 2009, a building permit has been lawfully issued authorizing construction on a zoning lot, the provisions of N090191 ZRY, pertaining to bicycle parking, shall not apply.

If, on or before November 17, 2008, an application for a special permit or variance is pending before the Board of Standards and Appeals or an authorization or special permit from the City Planning Commission has been certified or referred to authorize construction on a zoning lot, the provisions of N090191 ZRY, pertaining to bicycle parking, shall not apply.

For hospitals, if, before April 22, 2009, an application for a special permit or variance is pending before the Board of Standards and Appeals or an authorization or special permit from the City Planning Commission has been filed to authorize construction on a zoning lot, the provisions of N090191 ZRY, pertaining to bicycle parking, shall not apply.

If a building permit has been lawfully issued on or before February 2, 2011, authorizing "other construction" as set forth in paragraph (c)(3) of Section 11-31 (General Provisions), construction pursuant to such permit may continue pursuant to the regulations governing such construction prior to the adoption of N110090(A) ZRY (Key Terms Clarification zoning text amendment) until February 2, 2012.

However, this Section shall not apply to "other construction" subject to Sections 23-692 (Height limitations for narrow buildings or enlargements) or 109-124 (Height and setback regulations).

The provisions of this Section shall apply within the flood zone. The provisions of this Section are subject to all provisions of Title 28 of the Administrative Code of the City of New York and Appendix G of the Building Code of the City of New York, or its successors, including those pertaining to expiration, reinstatement, revocation and suspension. Changes in flood maps shall be considered an amendment of the Zoning Resolution pursuant to the provisions of Section 11-30 (BUILDING PERMITS ISSUED BEFORE EFFECTIVE DATE OF AMENDMENT).

(a)        Applications for approval of construction documents approved pursuant to Executive Order 230

If an application for approval of construction documents has been approved on or before October 9, 2013, pursuant to Executive Order No. 230 (Emergency Order to Suspend Zoning Provisions to Facilitate Reconstruction in Accordance with Enhanced Flood Resistant Construction Standards), dated January 31, 2013, and its successors, including Executive Order No. 427 in effect on October 9, 2013, relating to Hurricane Sandy as defined in Section 64-11 of this Resolution, a building permit authorizing such construction may be issued pursuant to the regulations of this Resolution in effect at the time of such approval of construction documents, and such construction may continue until October 9, 2019. After such date, the vesting provisions of Section 11-30 shall apply.

(b)        Construction approved pursuant to previous versions of flood maps

If, within one year prior to a change in the flood maps affecting a property, the Department of Buildings issued an approval of construction documents or issued a building permit for construction on that property pursuant to the previous flood maps, the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Hazard Areas), shall be deemed modified so as to substitute the previous flood maps for the current flood maps, and such construction may continue pursuant to such prior flood maps until October 9, 2019. After this date, the vesting provisions of Section 11-30 shall apply.

(c)        Provisions applying in the event that Flood Resilience Zoning Text Amendment expires

This provision shall become effective only upon the expiration of Article VI, Chapter 4, adopted on October 9, 2013. If an application for approval of construction documents has been approved on or before the expiration of Article VI, Chapter 4, a building permit authorizing such construction may be issued pursuant to Article VI, Chapter 4, and such construction may continue until a date six years after the expiration of Article VI, Chapter 4. After such date, the vesting provisions of Section 11-30 shall apply.

(d)        Provisions applying when Appendix A (Special Regulations for Neighborhood Recovery) of Article VI, Chapter 4 expires

This provision shall become effective only upon the expiration of Appendix A of Article VI, Chapter 4, adopted on July 23, 2015. If a building permit authorizing construction pursuant to Appendix A has been approved on or before the expiration of such Appendix, construction may continue up to two years after the expiration. After such date, the provisions of Section 11-30 shall apply.

If, before July 8, 2017, an application has been filed with the Department of Buildings for a development on a corner lot with a lot area of less than 5,000 square feet, located in a C5-2 District in Community District 5 of the Borough of Manhattan, the provisions established in N 190230 ZRY pertaining to calculating floor area in a tower containing residences shall not apply in the portion of such building below a height of 130 feet above the base plane, provided that the aggregate height of any floor space on stories occupied predominantly by mechanical equipment provided pursuant to paragraph (8) of the definition of floor area in Section 12-10 (DEFINITIONS), and any floor space that is or becomes unused or inaccessible within a building, pursuant to paragraph (k) of the definition of floor area in Section 12-10, does not exceed 80 feet.

Whenever under the provisions of the 1916 Zoning Resolution as amended, either the Board of Standards and Appeals or the City Planning Commission with the approval of the Board of Estimate or the City Council, has authorized any use to locate in a district in which it is not permitted as-of-right by issuing a variance, exception or permit, such existing use established pursuant to such grant may be continued, changed, extended, enlarged or structurally altered only as provided in this Section or in Article VII, Chapter 3 or 4, provided that the lot area of the zoning lot occupied by such use is not increased.

Where no limitation as to duration of the use was imposed at the time of authorization, such use may be continued.  Where such use was authorized subject to a term of years, such use may be continued until the expiration of the term, and thereafter, the agency which originally authorized such use may, in appropriate cases, extend the period of continuance for one or more terms of not more than 10 years each.  The agency may prescribe appropriate conditions and safeguards to minimize adverse effects of such use on the character of the neighborhood.

Repairs or incidental alterations may be made and in appropriate cases the authorizing agency may permit structural alterations, extensions or enlargements limited to the zoning lot that was granted a variance, exception or permit prior to December 15, 1961.  However, the use of any building or other structure shall not be extended, and the building or other structure shall not be enlarged, in excess of 50 percent of the floor area of such building (or size of such structure) occupied or utilized by the use on December 15, 1961, and, except as otherwise provided in Article VII, no structural alterations, extensions or enlargements shall be authorized for a new non-conforming use authorized under the provisions of Section 11-413 (Change of use).

Such use may be changed to a conforming use and in appropriate cases the authorizing agency may permit such use to be changed to another non-conforming use which would be permitted under the provisions applicable to non-conforming uses as set forth in Sections 52-31 to 52-36, inclusive, relating to Change of Non-Conforming Use, provided that the authorizing agency finds that such change of use will not impair the essential character or the future use or development of the surrounding area.

In permitting a change to another non-conforming use, such authorizing agency may impose appropriate conditions and safeguards to minimize any adverse effects upon the character of the surrounding area.

For the purposes of this Section, a change of use is a change to another use listed in the same or any other Use Group.  A change in ownership or occupancy shall not, by itself, constitute a change of use.

(a)        Except as otherwise provided in paragraphs (b), (c) or (d) of this Section, any authorization or special permit granted by the City Planning Commission under the provisions of the 1961 Zoning Resolution shall automatically lapse if substantial construction, in accordance with the plans for which such special permit or authorization was granted, has not been completed within four years from the effective date of such permit or authorization. Substantial construction shall mean, in the case of a new building or buildings, the substantial construction of at least one building.For the purposes of this paragraph (a), abutting buildings on a single zoning lot shall be considered to be one building.

(b)        Any authorization or special permit for a site that is part of an urban renewal area or other government-sponsored or government-assisted project shall automatically lapse within four years from the date of the applicant's possession of the site, or sites, or the effective date of an authorization or special permit, whichever is later; or

(c)        Upon a showing that a longer time period for substantial construction is required for a phased construction program of a multi-building complex, the Commission may, at the time of granting an authorization or special permit, extend the period set forth in paragraph (a) of this Section to a period not to exceed 10 years; or

(d)        In the event judicial proceedings have been instituted to review the decision to grant any authorization or special permit, the lapse period set forth in paragraph (a), (b) or (c) of this Section, whichever is applicable, shall commence upon the date of entry of the final order in such proceedings, including appeals.

Any authorization or special permit granted by the City Planning Commission, except one granted with a 10 year lapse period, that would automatically lapse as set forth in Section 11-42 (Lapse of Authorization or Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution) may be renewed without public hearing, for two additional three-year terms, provided that the Commission finds that the facts upon which the authorization or special permit was granted have not substantially changed. However, all special permits or authorizations granted by the Commission shall lapse after a total of 10 years from the date of their original granting if substantial construction has not taken place at such time. An application for a renewal of authorization or special permit shall be filed with the Commission before it lapses.

Within the area bounded by West 22nd Street, a line 100 feet west of Fifth Avenue, a line midway between West 16th Street and West 17th Street, and a line 100 feet east of Sixth Avenue, any special permit granted by the City Planning Commission may be started or continued, in accordance with the terms thereof, or as such terms may be subsequently modified, pursuant to the bulk regulations in effect at the time such special permit was granted, subject to the provisions of Sections 11-42 (Lapse of Authorization or Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution) and 11-43 (Renewal of Authorization or Special Permit).

The provisions of this Section shall apply within lower density growth management areas.

(a)        Notwithstanding the provisions of N040414ZRY, pertaining to lower density growth management areas, and subject to the provisions of Section 11-30 (BUILDING PERMITS ISSUED BEFORE EFFECTIVE DATE OF AMENDMENT) with respect to amendments of this Resolution other than N040414ZRY, Section 11-42 (Lapse of Authorization or Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution) and Section 11-43 (Renewal of Authorization or Special Permit), the following provisions shall apply with respect to special permits and authorizations granted by the City Planning Commission or for which certification or referral for public review has been made prior to August 12, 2004:

(1)        Any development or enlargement, including minor modifications thereto, granted a special permit or authorization by the Commission and, where applicable, the City Council, prior to August 12, 2004, may be developed or enlarged pursuant to the terms of such permit or authorization and, to the extent not modified under the terms of such permit or authorization, in accordance with the regulations in effect at the time such permit or authorization was granted.

(2)        Any application for a special permit certified by the Department of City Planning or application for an authorization referred by the Department of City Planning for public review prior to May 24, 2004, may be continued pursuant to the regulations in effect at the time of certification or referral and, if granted by the Commission and, where applicable, the City Council, may be developed or enlarged pursuant to the terms of such permit or authorization, including minor modifications thereto and, to the extent not modified under the terms of such permit or authorization, in accordance with the regulations in effect at the time such application was certified or referred for public review.

(b)        Notwithstanding the provisions of N040414ZRY, the following provisions shall apply to certain developments within the Special South Richmond Development District:

(1)        Developments, including minor modifications thereto, within the Special South Richmond Development District that contain designated open space and a portion of the waterfront esplanade, where such development is conditioned upon a restrictive declaration that includes a site plan for such development, including provisions for public access to such designated open space and waterfront esplanade, may be developed in accordance with the regulations in effect prior to August 12, 2004.

(2)        Developments within the Special South Richmond Development District accessed, in part, by private roads and consisting, in part, of construction within streets that are unimproved, and for which a conservation easement has been granted to the City, and for which the Board of Standards and Appeals has granted a permit pursuant to Section 35 of the General City Law, or its successor, and an application for an authorization for such development has been filed pursuant to paragraph (a) of Section 26-27 (Waiver of Bulk Regulations Within Unimproved Streets) prior to May 1, 2004, may be developed in accordance with the regulations in effect prior to August 12, 2004.

It is hereby declared to be the legislative intent that:

(a)        if a court of competent jurisdiction finds any provisions of this Resolution to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this Resolution shall continue to be separately and fully effective.

(b)        if a court of competent jurisdiction finds the application of any provision or provisions of this Resolution to any zoning lot, building or other structure, or tract of land to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the person, property or situation immediately involved in the controversy, and the application of any such provision to other persons, property or situations shall not be affected.

The owner, general agent, lessee or tenant of any building or other structure or tract of land in which a violation of this Resolution has been committed or shall exist; or the general agent, architect, builder or contractor; or any other person who commits, takes part or assists in any such violation or who maintains any building or other structure or tract of land in which any such violation shall exist, shall be guilty of a misdemeanor.

Any such person, having been served with an order to remove any such violation, who shall fail to comply with such order within 10 days after such service or who shall continue to violate any provision of this Resolution in the respect named in such order shall be guilty of a misdemeanor.

In addition to the foregoing remedies, the City may maintain an action for an injunction to restrain any violation of this Resolution.

Failure to comply with any conditions or restrictions in special permits, variances, authorizations or certifications granted under this Resolution shall constitute a violation of this Resolution and may constitute the basis for denial or revocation of a building permit or certificate of occupancy, or for revocation of such special permit, variance, authorization or certification, and for all other applicable remedies.

In any application for modification, renewal or extension of a previously granted special permit, authorization or certification, or for modification or renewal of a previously granted variance, the applicant shall verify whether it has complied with each of the conditions and safeguards theretofore prescribed by the City Planning Commission, the Board of Estimate or the Board of Standards and Appeals, or their successors, as applicable.  In the event that the applicant has not complied with such conditions and safeguards, such non-compliance may constitute grounds for the City Planning Commission, the Board of Estimate or the Board of Standards and Appeals, or their successors, as applicable, to disapprove the application for modification, renewal or extension.

This Resolution shall take effect one year after the date of its approval by the Board of Estimate.

After the date of approval by the Board of Estimate, applications for permits to build in accordance with the provisions of this Resolution may be filed with and approved by the Department of Buildings, provided that no building permit shall be lawfully issued under this Resolution until such effective date or thereafter.

The following rules of construction apply to the text of this Resolution:

(a)        The particular shall control the general.

(b)        In case of any difference of meaning or implication between the text of this Resolution and any caption, illustration, summary table or illustrative table, the text shall control.

(c)        The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

(d)        Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

(e)        A "building" or "structure" includes any part thereof. The terms residential building, commercial building and community facility building shall refer to an entire building used exclusively for such use.

(f)        The phrase "used for" includes "arranged for", "designed for", "intended for", "maintained for", "or occupied for".

(g)        The word "person" includes an individual, a corporation, a partnership, an incorporated association or any other similar entity.

(h)        Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and", "or" or "either...or", the conjunction shall be interpreted as follows:

(1)        "and" indicates that all the connected items, conditions, provisions or events shall apply;

(2)        "or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination; and

(3)        "either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

(i)        The word "includes" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(j)        References within a Section or cross-references to a Section numbered with four digits shall include all following Sections with numbers whose first four digits are identical with such Section number but references or cross-references to a Section numbered with five digits shall refer only to such specific five-digit Section. For Sections starting with 101-00, references within a Section or cross-references to a Section numbered with five digits shall include all following Sections with numbers whose first five digits are identical with such Section number but references or cross-references to a Section numbered with six digits shall refer only to such specific six-digit Section.

District designations, where applicable, are listed within a ruled bar below the number and title of each section.

When one or more district designations are listed in a section, the specific text of the paragraphs that follow applies to such district or districts.

When a section includes a table and one or more district designations are listed opposite a specific item or number in such table, the item or number applies specifically to that district or districts only.

When no district designations are listed for a specific section, the provisions of such section shall be construed to apply to all districts under consideration in the Article in which the section appears or, if specified, only to those districts referred to directly within the section itself. For this purpose, Article II applies to all Residence Districts, Article III applies to all Commercial Districts, and Article IV applies to all Manufacturing Districts. All other articles apply to all districts, unless otherwise provided.

Words in the text or tables of this Resolution which are italicized shall be interpreted in accordance with the provisions set forth in this Section.

Abut, or abutting (2/2/11)

"Abut" is to be in contact with or join at the edge or border. "Abutting" buildings are buildings that are in contact with one another on the same or another zoning lot, except as subject to separations required for seismic load as set forth in the New York City Building Code. A building may also abut a lot line. In addition, for buildings existing prior to February 2, 2011, such existing building shall be considered abutting if it is within six inches of a lot line or another building.

Accessory use, or accessory (4/30/12)

An "accessory use":

(a)        is a use conducted on the same zoning lot as the principal use to which it is related (whether located within the same or an accessory building or other structure, or as an accessory use of land), except that, where specifically provided in the applicable district regulations or elsewhere in this Resolution, accessory docks, off-street parking or off-street loading need not be located on the same zoning lot; and

(b)        is a use which is clearly incidental to, and customarily found in connection with, such principal use; and

(c)        is either in the same ownership as such principal use, or is operated and maintained on the same zoning lot substantially for the benefit or convenience of the owners, occupants, employees, customers, or visitors of the principal use.

When "accessory" is used in the text, it shall have the same meaning as accessory use.

An accessory use includes:

(1)        Living or sleeping accommodations for servants in connection with a use listed in Use Groups 1 and 2;

(2)        Living or sleeping accommodations for caretakers in connection with any use listed in Use Groups 3 through 18 inclusive, provided that:

(i)        no building contains more than one living or sleeping accommodation for caretakers;

(ii)        no such living or sleeping accommodation shall exceed 1,200 square feet of floor area;

(iii)        the owner shall sign a Restrictive Declaration that any such caretaker will provide maintenance and/or repair services, and containing a list of services to be performed by such caretaker. Such Restrictive Declaration shall be recorded in the Office of the City Register, or, where applicable, the County Clerk's Office, of the county where the building is located. A copy of such declaration shall be provided to the Department of Buildings;

(iv)        in C6-2M, C6-4M, M1-5M, M1-6M, M1-5A and M1-5B Districts, no living or sleeping accommodation for caretakers is permitted in any building which contains a residential use or a joint living-work quarters for artists; and

(v)        such living or sleeping accommodation shall not be considered a residential use or cause a building to be considered a mixed building.

(3)        Living or sleeping accommodations in connection with commercial or manufacturing uses, including living or sleeping accommodations in connection with a studio listed in Use Group 9, provided that:

(i)        no building contains more than two kitchens; and

(ii)        no such living or sleeping accommodations are located in a C7, C8 or Manufacturing District.

(4)        Keeping of domestic animals, but not for sale or hire. A commercial stable or kennel is not an accessory use.

(5)        Swimming pools not located within a building listed in Use Group 1 or 2, provided that:

(i)        the use of such pools shall be restricted to occupants of the principal use and guests for whom no admission or membership fees are charged;

(ii)        if accessory to a use listed in Use Group 2, except if such use is a single-family or two-family residence, the edge of the pool shall be located not less than 100 feet from any lot line;

(iii)        if accessory to a use listed in Use Group 1 or Use Group 2, which use is a single-family residence or two-family residence, the edge of the pool shall be located not less than five feet from any lot line, except that such minimum distance between the edge of the pool and any side lot line may be not less than three feet in the case of lots less than 25 feet in width, providing that it is screened from adjoining lots by a six foot high continuous solid opaque fence along the side lot line adjacent to such pool. In the event that such pool is located between 50 and five feet from any rear lot line or side lot line, it shall be screened by a continuous fence supplemented with a strip of densely planted trees or shrubs at least four feet high at the time of planting along such rear lot line to such pool; and

(iv)        illumination of such pools shall be limited to underwater lighting.

Swimming pool clubs are not accessory uses.

(6)        Domestic or agricultural storage in a barn, shed, tool room, or similar building or other structure.

(7)        Home occupations.

(8)        A newsstand primarily for the convenience of the occupants of a building, which is located wholly within such building and has no exterior signs or displays.

(9)        Incinerators.

(10)        In connection with commercial or manufacturing uses, the storage of goods normally carried in stock, used in, or produced by such uses, unless the storage is expressly prohibited under the applicable district regulation. The floor area used for such accessory storage shall be included in the maximum floor area permitted for specified uses set forth in the Use Groups.

(11)        Incidental repairs, unless expressly prohibited under the applicable district regulations. The floor area used for such accessory repairs shall be included in the maximum floor area permitted for specified uses set forth in the Use Groups.

(12)        The removal for sale of sod, loam, clay, sand, gravel or stone in connection with the construction of a building or other structure on the same zoning lot, or in connection with the regrading of a zoning lot, but in the latter case, not below the legal street grade.

(13)        Accessory off-street parking spaces, open or enclosed.

(14)        Accessory off-street loading berths.

(15)        Accessory signs.

(16)        Accessory radio or television towers.

(17)        Accessory activities when conducted underground as part of the operation of railroad passenger terminals, such as switching, storage, maintenance or servicing of trains.

(18)        Accessory sewage disposal plants, except such plants serving more than 50 dwelling units.

(19)        An ambulance outpost operated by or under contract with a government agency or a public benefit corporation and located either on the same zoning lot as, or on a zoning lot adjacent to, a zoning lot occupied by a fire or police station.

(20)        Electric vehicle charging in connection with parking facilities.

(21)        Solar energy systems.

Adult establishment (2/2/11)

(1)        Adult Establishment: An "adult establishment" is a commercial establishment which is or includes an adult book store, adult eating or drinking establishment, adult theater, or other adult commercial establishment, or any combination thereof, as defined below:

(a)        An adult book store is a book store that offers "printed or visual material" for sale or rent to customers where a "substantial portion" of its stock-in-trade of "printed or visual material" consists of "adult printed or visual material," defined as "printed or visual material" characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas";

(b)        An adult eating or drinking establishment is an eating or drinking establishment which regularly features in any portion of such establishment any one or more of the following:

(1)        live performances which are characterized by an emphasis on "specified anatomical areas" or "specified sexual activities"; or

(2)        films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

(3)        employees who, as part of their employment, regularly expose to patrons "specified anatomical areas"; and

which is not customarily open to the general public during such features because it excludes or restricts minors.

(c)        An adult theater is a commercial establishment which regularly features one or more of the following:

(1)        films, motion pictures, videocassettes, slides or similar photographic reproductions characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

(2)        live performances characterized by an emphasis on "specified anatomical areas" or "specified sexual activities"; and

which is not customarily open to the general public during such features because it excludes or restricts minors.

An adult theater shall include commercial establishments where such materials or performances are viewed from one or more individual enclosures.

(d)        An other adult commercial establishment is a facility -- other than an adult book store, adult eating or drinking establishment, adult theater, commercial studio, or business or trade school -- which features employees who as part of their employment, regularly expose to patrons "specified anatomical areas" and which is not customarily open to the general public during such features because it excludes or restricts minors.

(2)        Defined Terms:

(a)        For purposes of paragraph (1)(a), "printed or visual materials" are books, magazines, or other printed matter, including product packaging or wrapping, or photographs, films, motion pictures, video cassettes, slides or other visual matter;

(b)        For purposes of paragraph (1)(a), (b) and (c), "specified sexual activities" are: (i) human genitals in a state of sexual stimulation or arousal; (ii) actual or simulated acts of human masturbation, sexual intercourse or sodomy; or (iii) fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast.

(c)        For purposes of paragraph (1)(a), (b), (c) and (d), "specified anatomical areas" are: (i) less than completely and opaquely concealed: (aa) human genitals, pubic region, (bb) human buttock, anus, or (cc) female breast below a point immediately above the top of the areola; or (ii) human male genitals in a discernibly turgid state, even if completely and opaquely concealed.

(d)        For the purpose of determining under paragraph (1)(a) whether a "substantial portion" of a book store's stock-in-trade of "printed or visual" material consists of "adult printed or visual material", the following factors shall be considered: (i) the amount of stock of "adult printed or visual material" accessible to customers as compared to the total stock of "printed or visual material" accessible to customers in the establishment; and (ii) the amount of floor area and cellar space accessible to customers containing stock of "adult printed or visual material"; and (iii) the amount of floor area and cellar space accessible to customers containing stock of "adult printed or visual material" as compared to the amount of floor area and cellar space accessible to customers containing "printed or visual material" which is not "adult printed or visual material," provided that "printed or visual material" which is not "adult printed or visual material" (hereinafter for purposes of this paragraph "other printed or visual material") shall not be considered stock-in-trade for purposes of this paragraph where such store has one or more of the following features:

(aa)        An interior configuration and layout which requires customers to pass through an area of the store with "adult printed or visual material" in order to access an area of the store with "other printed or visual material;"

(bb)        One or more individual enclosures where adult movies or live performances are available for viewing by customers;

(cc)        A method of operation which requires customer transactions with respect to "other printed or visual material" to be made in an area of the store which includes "adult printed or visual material;"

(dd)        A method of operation under which "other printed or visual material" is offered for sale only and "adult printed or visual material" is offered for sale or rental;

(ee)        A greater number of different titles of "adult printed or visual material" than the number of different titles of "other printed or visual material";

(ff)        A method of operation which excludes or restricts minors from the store as a whole or from any section of the store with "other printed or visual material;"

(gg)        A sign that advertises the availability of "adult printed or visual material" which is disproportionate in size relative to a sign that advertises the availability of "other printed or visual material," when compared with the proportions of "adult" and other "printed or visual materials" offered for sale or rent in the store, or the proportions of floor area or cellar space accessible to customers containing stock of "adult" and "other printed or visual materials";

(hh)        A window display in which the number of products or area of display of "adult printed or visual material" is disproportionate in size relative to the number of products or area of display of "other printed or visual material," when compared with the proportions of adult and "other printed or visual materials" offered for sale or rent in the store, or the proportions of floor area or cellar space accessible to customers containing stock of "adult" and "other printed or visual materials";

(ii)        Other features relating to configuration and layout or method of operation, as set forth in rules adopted by the Commissioner of Buildings, which the Commissioner has determined render the sale or rental of "adult printed or visual material" a substantial purpose of the business conducted in such store. Such rules shall provide for the scheduled implementation of the terms thereof to commercial establishments in existence as of October 31, 2001, as necessary.

(e)        For the purposes of paragraph (1)(b), an "eating or drinking establishment" includes:

(i)        any portion of a commercial establishment within which food or beverages are offered for purchase, or are available to or are consumed by customers or patrons; and

(ii)        any portion of a commercial establishment from which a portion of a commercial establishment, described in paragraph (e)(i) of this Section, is accessible by customers or patrons.

Adult physical culture establishments (3/22/16)

An "adult physical culture establishment," is any establishment, club or business by whatever name designated which offers or advertises or is equipped or arranged so as to provide as part of its services, massages, body rubs, alcohol rubs, baths or other similar treatment, by members of the opposite sex, except for activities which are excluded below or defined under physical culture or health establishment in Section 12-10 and which are, therefore, not included within the definition of an adult physical culture establishment:

(1)        treatment by a licensed physician, a licensed chiropractor, a licensed osteopath, a New York licensed masseur or masseuse, a licensed practical nurse or a registered professional nurse;

(2)        electrolysis treatment by a licensed operator of electrolysis equipment;

(3)        hospitals, long-term care facilities, or ambulatory diagnostic or treatment health care facilities listed in Use Group 4;

(4)        barbershops or beauty parlors which offer massage to the scalp, the face, the neck or shoulders only; and

(5)        athletic facilities of an educational institution including an alumni club, or of a philanthropic or charitable institution.

Adult physical culture establishments are not permitted in any District.

Advertising sign — see Sign, advertising

Affordable independent residence for seniors (3/22/16)

An "affordable independent residence for seniors" is a building or portion thereof, containing residences, in which at least 90 percent of the dwelling units allocated to affordable independent residences for seniors are each occupied by at least one person who is 62 years of age or over; where, except for a super's unit, all of the dwelling units allocated to affordable independent residences for seniors are income-restricted housing units for households with incomes at or below 80 percent of the income index and used for class A occupancy as defined in the New York State Multiple Dwelling Law. For the purposes of this definition, "super's unit" and "income index" shall be as defined in Section 23-911 (General definitions).

An affordable independent residence for seniors may consist of one or more buildings on the same or contiguous zoning lots, or on lots which would be contiguous but for their separation by a street, and shall contain related accessory social and welfare facilities primarily for residents, such as cafeterias or dining halls, community rooms, workshops and other essential service facilities, which may also be made available to the community. Floor space in an amount not less than four percent of the total floor area of such affordable independent residence for seniors shall be allocated to such accessory facilities. Such floor space may occupy floor area or cellar space, and may include indoor recreation space provided in accordance with Section 28-21 (Required Recreation Space) for Quality Housing buildings. In no event shall the floor space occupied by lobbies, passageways, storage space or other spaces normally provided in residential buildings be attributed to the floor area of the accessory social and welfare facilities.

An affordable independent residence for seniors shall also include a building used, enlarged or developed prior to March 22, 2016, as a "non-profit residence for the elderly".

Any temporary or final certificate of occupancy issued after March 22, 2016, for a building or portion thereof to be used as an affordable independent residence for seniors shall state that such building or portion thereof shall be used as an affordable independent residence for seniors, notwithstanding the fact that a legally binding restriction on household income for income-restricted housing units may have expired and shall state that such certificate of occupancy may be amended or superseded to reflect that the building or portion thereof may be used other than as an affordable independent residence for seniors only in accordance with the provisions of this Zoning Resolution.

Aggregate width of street walls (2/2/11)

The "aggregate width of street walls" at any given level is the sum of the maximum widths of all street walls of a building that are within 50 feet of a street line. The width of a street wall is the length of the street line from which, when viewed directly from above, lines perpendicular to the street line may be drawn to such street wall.

AGGREGATE WIDTH OF STREET WALLS

Alterations, incidental or to alter incidentally (12/15/61)

"Incidental alterations" are:

(a)        Changes or replacements in the non-structural parts of a building or other structure, without limitation to the following examples:

(1)        alteration of interior partitions to improve livability in a non-conforming residential building, provided that no additional dwelling units are created thereby;

(2)        a minor addition on the exterior of a residential building, such as an open porch;

(3)        alteration of interior non-load-bearing partitions in all other types of buildings or other structures;

(4)        replacement of, or minor changes in, the capacity of utility pipes, ducts or conduits; or

(b)        Changes or replacements in the structural parts of a building or other structure, limited to the following examples or others of similar character or extent:

(1)        making windows or doors in exterior walls;

(2)        replacement of building facades;

(3)        strengthening the load-bearing capacity, in not more than 10 percent of the total floor area, to permit the accommodation of a specialized unit of machinery or equipment. To "alter incidentally" is to make an incidental alteration.

Apartment hotel — see Hotel, apartment

Arcade (2/2/11)

An "arcade" is a continuous covered space fronting on and open to a street or publicly accessible open area, provided in accordance with the provisions set forth in Section 37-80.

Artist (4/27/76)

An "artist" is a person so certified by the New York City Department of Cultural Affairs.

Attached (building) (2/2/11)

A building shall be considered "attached" when it abuts two lot lines other than a street line, or another building or buildings other than a semi-detached building.

Automotive service station (2/2/11)

An "automotive service station" is a building or other structure or an open use on a zoning lot, or portion thereof, used exclusively for the storage and sale of gasoline or other motor fuels and for any uses accessory thereto.

The sale of lubricants, accessories, or supplies, the lubrication of motor vehicles, the minor adjustment or repair of motor vehicles with hand tools only, or the occasional washing of motor vehicles are permitted accessory uses.

A public parking lot or public parking garage is not a permitted accessory use.

Base flood elevation (6/30/89)

The "base flood elevation" is the level in feet of the flood having a one percent chance of being equaled or exceeded in any given year, as indicated on the Flood Insurance Rate Map prepared by the Federal Emergency Management Agency.

Base plane (3/22/16)

The "base plane" is a plane from which the height of a building or other structure is measured as specified in certain Sections. For buildings, portions of buildings with street walls at least 15 feet in width, or building segments within 100 feet of a street line, the level of the base plane is any level between curb level and street wall line level. Beyond 100 feet of a street line, the level of the base plane is the average elevation of the final grade adjoining the building or building segment, determined in the manner prescribed by the New York City Building Code for adjoining grade elevation. In either case, in the flood zone, either the base flood elevation may be the level of the base plane or building height may be measured from the flood-resistant construction elevation, as provided in Article VI, Chapter 4. For the purposes of this definition, abutting buildings on a single zoning lot may be considered a single building. In addition, the following regulations shall apply:

(a)        Within 100 feet of a street line:

(1)        The level of the base plane for a building or building segment without a street wall shall be determined by the average elevation of the final grade adjoining such building or building segment.

(2)        Where a base plane other than curb level is established, the average elevation of the final grade adjoining the street wall of the building or building segment, excluding the entrance to a garage within the street wall, shall not be lower than the level of the base plane, unless the base plane is also the base flood elevation.

(3)        Where the average elevation of the final grade adjoining the street wall of the building, excluding the entrance to a garage within the street wall, is more than two feet below curb level, the level of the base plane shall be the elevation of such final grade, unless the base plane is also the base flood elevation. This paragraph shall not apply to buildings developed before June 30, 1989, in R2X, R3, R4 or R5 Districts. Furthermore, this paragraph shall not apply to buildings in C1 or C2 Districts mapped within R2X, R3, R4 or R5 Districts, or in C3 or C4-1 Districts, unless such buildings are located on waterfront blocks.

(4)        As an option, on sites which slope from the street wall line level to the rear wall line level by at least five percent to the horizontal, the level of the base plane may extend in a sloping plane from such street wall line level to such rear wall line level. When a sloping base plane is thus established, the average elevation of the final grade at the rear wall line shall not be lower than the rear wall line level.

(b)        For all buildings, where base planes of different elevations apply to different portions of a building, only that portion of the building to which such base plane applies may be used to determine such base plane.

(c)        For buildings located partially within and partially beyond 100 feet of a street line, or where corner lot or through lot regulations subject different portions of a building to base planes of different elevations, separate base planes may be determined for each such portion of the building or, as an option, the elevation of each such base plane may be multiplied by the percentage of the total lot coverage of the building to which such base plane applies. The sum of the products thus obtained may be the elevation of the adjusted base plane applicable to such building.

Basement (10/25/93)

A "basement", except where a base plane is used to determine building height, is a story (or portion of a story) partly below curb level, with at least one-half of its height (measured from floor to ceiling) above curb level. On through lots, the curb level nearest to a story (or portion of a story) shall be used to determine whether such story (or portion of a story) is a basement.

Where a base plane is used to determine building height, a basement is a story (or portion of a story) partly below the base plane, with at least one-half its height (measured from floor to ceiling) above the base plane.

In addition, the following rules shall apply:

(a)        When a sloping base plane is established, a basement is a story (or portion of a story) partly below the street wall line level, with at least one-half its height (measured from floor to ceiling) above the street wall line level used to establish such base plane. On through lots, the street wall line level nearest to a story shall be used to determine whether such story or portion of a story is a basement.

(b)        All of the floor space with at least one-half its height (measured from floor to ceiling) above curb level shall be considered to be a basement where, subsequent to December 5, 1990, the level of any yard except that portion of a yard in front of the entrance to a garage on a zoning lot is lowered below the level of the base plane.

Block (12/15/61)

A "block" is a tract of land bounded by:

(a)        streets;

(b)        public parks;

(c)        railroad rights-of-way, when located at or above ground level but not including sidings or spurs in the same ownership as the zoning lot;

(d)        airport boundaries;

(e)        pierhead lines (or shore lines where no pierhead lines have been established); or

(f)        corporate boundary lines of New York City.

Boatel (12/15/61)

A "boatel" is a building or group of buildings which:

(a)        contains living or sleeping accommodations used primarily for transient occupancy; and

(b)        is immediately accessible by boat.

Building (2/2/11)

A "building" is any structure which:

(a)        is located within the lot lines of a zoning lot;

(b)        is permanently affixed to the land;

(c)        has one or more floors and a roof;

(d)        is bounded by open area or fire walls;

(e)        has at least one primary entrance;

(f)        provides all the vertical circulation and exit systems required for such building by the New York City Building Code without reliance on other buildings, including required stairs and elevators; and

(g)        contains all the fire protection systems required for such building by the New York City Building Code without reliance on other buildings, including fire suppression or fire alarm systems.

The provisions of this Resolution that use the term building shall apply to any structure existing prior to February 2, 2011, that complies with paragraphs (a) through (e) of this definition.

A building shall not include such structures as billboards, fences, or radio towers, or structures with interior surfaces not normally accessible for human use, such as gas tanks, smoke stacks or similar structures.

A building may, for example, consist of a detached single-family residence, an attached townhouse on an individual zoning lot, an attached townhouse separated by fire walls from abutting townhouses on a shared zoning lot, a group of townhouses not separated by fire walls or lot lines, an apartment house, an office building or a factory.

(Building) designed for residential use — see Designed for residential use

Building or other structure (12/15/61)

A "building or other structure" includes any building or any other structure of any kind.

Building segment (12/5/90)

A "building segment" is a portion of a building where such building consists of two or more contiguous portions, each comprised of one or more dwelling units having a separate residential entrance or entrances serving only those dwelling units within such portion. Building segments may share a common cellar or parking facility. However, a building segment may not be located above another building segment.

Bulk (2/2/11)

"Bulk" is the term used to describe the size of buildings or other structures, and their relationships to each other and to open areas and lot lines, and therefore includes:

(a)        the size (including height and floor area) of buildings or other structures;

(b)        the area of the zoning lot upon which a building is located, and the number of dwelling units or rooming units within a building in relation to the area of the zoning lot;

(c)        the shape of buildings or other structures;

(d)        the location of exterior walls of buildings or other structures in relation to lot lines, to other walls of the same building, to legally required windows, or to other buildings or other structures; and

(e)        all open areas relating to buildings or other structures and their relationship thereto.

Car sharing vehicle (9/29/10)

A "car sharing vehicle" is a vehicle maintained and owned or leased by a car sharing organization which is available for use by its members. Membership shall mean that individuals have been pre-approved to use such vehicles and need not be approved by the car sharing organization at the time of proposed use. Membership must be open to the public and shall only be denied based upon driving record, credit record or other legitimate business need of the car sharing organization. Vehicles must be made available to members for periods of use as short as one hour. The car sharing organization must provide all legally required insurance as part of the membership.

Vehicles shall be reserved by members through a self-service reservation system which is available at all times. A car sharing vehicle shall be located in a parking facility that is accessible to members of the car sharing organization at all times. No employees or agents of the car sharing organization shall provide services to members or conduct business transactions with members within such parking facility. Attended parking facilities may be serviced by a parking attendant unaffiliated with any car sharing organization. A parking facility containing car sharing vehicles shall be securely separated from all other portions of a building containing residences.

A car sharing vehicle shall be no more than 216 inches in length and shall bear a decal that provides the name of the car sharing organization. The decal must be clearly visible from the outside of the car sharing vehicle and must be either:

(a)        located on the driver's side door or passenger's side door of the car sharing vehicle and at least 30 square inches in area; or

(b)        located in the lower left corner of the rear windshield of the car sharing vehicle.

The decal shall be at least one square inch in area and contain the letters "CSV" in lettering at least 11/32 of an inch in height and the name of the car sharing organization in lettering at least 5/32 of an inch in height. All lettering shall be fully opaque and shall highly contrast with the background color of the decal.

All car sharing vehicles shall bear a decal pursuant to the provisions of paragraph (a) or (b) of this Section within 60 days of September 29, 2010.

Cellar (10/25/93)

A "cellar," except where a base plane is used to determine building height, is a space wholly or partly below curb level, with more than one-half its height (measured from floor to ceiling) below curb level. On through lots, the curb level nearest to such space shall be used to determine whether such space is a cellar.

Where a base plane is used to determine building height, a cellar is a space wholly or partly below the base plane, with more than one-half its height (measured from floor to ceiling) below the base plane.

In addition, the following rules shall apply:

(a)        When a sloping base plane is established, a cellar is a space wholly or partly below the street wall line level, with more than one-half its height (measured from floor to ceiling) below the street wall line level used to establish such base plane. On through lots, the street wall line level nearest to such space shall be used to determine whether such space is a cellar.

(b)        All of the floor space with at least one-half its height (measured from floor to ceiling) above curb level shall be considered to be a basement where, subsequent to December 5, 1990, the level of any yard except that portion of a yard in front of the entrance to a garage on a zoning lot is lowered below the level of the base plane.

Commercial (2/2/11)

A "commercial" use is any use listed in Use Groups 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 or 16.

Commercial building (12/15/61)

A "commercial building" is a building used only for a commercial use.

Commercial District (2/2/11)

A "Commercial District" includes any district whose designation begins with the letter "C."

For example, a "C4 District" includes any district whose designation begins with the symbol "C4."

Community facility (2/2/11)

A "community facility" use is any use listed in Use Group 3 or 4.

Community facility building (12/15/61)

A "community facility building" is a building used only for a community facility use.

Completely enclosed (building)

A "completely enclosed" building is a building separated on all sides from the adjacent open area, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows or entrances or exit doors normally provided for the accommodation of persons, goods or vehicles.

Conversion, or to convert (2/2/11)

A "conversion" is a change of use between the following categories of uses: residential, community facility, commercial and manufacturing. Therefore, the change of use within one category is not a conversion. However, a conversion shall also include any alteration within the residential portion of an existing building that increases the number of rooming units in a building, or the number of dwelling units in a building.

To "convert" is to create a conversion.

Corner lot — see Lot, corner

Court (12/15/61)

A "court" is either an inner court or an outer court.

Court, depth of outer (12/15/61)

The "depth of outer court" is the maximum horizontal distance between the opening of an outer court and the wall opposite such opening, measured perpendicular to the direction of the outer court opening. The opening of an outer court shall be considered the shortest imaginary line which can be drawn between any intersection of a court wall with another wall, and the opposite court wall.

Court, inner (12/15/61)

An "inner court" is any open area, other than a yard or portion thereof, which is unobstructed from its lowest level to the sky and which is bounded by either:

(a)        building walls; or

(b)        building walls and one or more lot lines other than a front lot line; or

(c)        building walls, except for one opening on any open area along a side lot line or rear lot line which has a width of less than 30 feet at any point.

Court, outer (12/15/61)

An "outer court" is any open area, other than a yard or portion thereof, which is unobstructed from its lowest level to the sky and which, except for one opening upon:

(a)        a front lot line;

(b)        a front yard;

(c)        a rear yard; or

(d)        any open area along a rear lot line, or along a side lot line having a width or depth of at least 30 feet, and which open area extends along the entire length of such rear or side lot line; and

is bounded by either building walls, or building walls and one or more lot lines other than a front lot line.

Court recess, inner (12/15/61)

An "inner court recess" is any portion of an inner court which can not be included within the single largest horizontal rectangle which may be inscribed within such inner court.

INNER COURT RECESS

Court recess, outer (12/15/61)

An "outer court recess" is any portion of an outer court which, when viewed directly from above, cannot be covered by imaginary lines drawn perpendicular to a line drawn across the outer court opening.

OUTER COURT RECESS

Court, width of outer (12/15/61)

The "width of outer court" is the minimum horizontal dimension of an outer court, excluding an outer court recess, measured parallel to the opening of such outer court.

Covered pedestrian space (6/12/96)

A "covered pedestrian space" is an enclosed space for public use on a zoning lot, permitted by a special permit of the City Planning Commission pursuant to Section 74-87, et seq.

Curb level (10/25/93)

"Curb level" is the mean level of the curb adjoining a zoning lot. On corner lots, curb level is the average of the mean levels of the adjoining curbs on intersecting streets, except that, for the purpose of regulating and determining the level of yards, or other open areas on corner lots, the curb level is the highest of the mean levels of the curbs on the intersecting streets. Where through lot regulations are applicable to any portion of a corner lot, or for any through lot, the height and setback regulations based upon curb level shall apply separately on each street on which such through lot portion or through lot fronts. On a through lot, for purposes of establishing the level of a rear yard equivalent, except when adjoining and extending along the full length of the street line, the curb level shall be the mean of the levels of the curbs on those portions of the streets on which such through lot fronts. Where on a through lot such rear yard equivalent is adjoining and extending along the full length of the street line, the height of the rear yard equivalent shall be the curb level of the adjoining street. Where through lot regulations and interior lot regulations are applicable to portions of a zoning lot, for purposes of establishing the level of the rear yard equivalent or rear yard, curb level shall be the mean of the levels of the curbs on that portion of each street on which such portions of the zoning lot front.

For the purposes of determining a base plane, "curb level" is the mean level at that portion of the curb adjoining a zoning lot from which, when viewed directly from above, lines perpendicular to the curb may be drawn to a street wall. On corner lots, curb level is the average of the mean levels of such portions of the curbs on intersecting streets. On through lots, curb level is determined separately for each street frontage to a distance midway between such streets.

Depth of outer court — see Court, depth of outer

Designed for residential use, (building) (1/8/76)

A building "designed for residential use" is a building, which was originally designed for residential use and in which at least 25 percent of the floor area is occupied for residential use.

Detached (building) (12/15/61)

A "detached" building is a building surrounded by yards or other open area on the same zoning lot.

Development, or to develop (2/2/11)

A "development," on a zoning lot or a portion thereof, includes:

(a)         the construction of a new building or other structure;

(b)        the relocation of an existing building or other structure to another zoning lot; or

(c)        the establishment of a new open use, other than an accessory use.

The alteration of a building or a portion thereof to the extent specified in Section 11-23 (Demolition and Replacement) shall be considered a development for the purposes of the provisions set forth therein.

To "develop" is to create a development.

Dwelling unit (2/2/11)

A "dwelling unit" contains at least one room in a residential building, residential portion of a building, or non-profit hospital staff dwelling, and is arranged, designed, used or intended for use by one or more persons living together and maintaining a common household, and which dwelling unit includes lawful cooking space and lawful sanitary facilities reserved for the occupants thereof.

Enclosed sidewalk cafe — see Sidewalk cafe, enclosed

Enlargement, or to enlarge (2/2/11)

An "enlargement" is an addition to the floor area of an existing building, an increase in the size of any other structure, or an expansion of an existing use, including any uses accessory thereto, to an open portion of a zoning lot not previously used for such use.

To "enlarge" is to make an enlargement.

Extension, or to extend (12/15/61)

An "extension" is an increase in the amount of existing floor area used for an existing use, within an existing building.

To "extend" is to make an extension.

Family (2/2/11)

A "family" is either:

(a)        a single person occupying a dwelling and maintaining a household, including not more than one "boarder, roomer, or lodger" as defined in the Housing Maintenance Code; or

(b)        two or more persons related by blood or marriage, occupying a dwelling, living together and maintaining a common household, including not more than one such boarder, roomer, or lodger; or

(c)        not more than four unrelated persons occupying a dwelling, living together and maintaining a common household.

A common household shall be deemed to exist if all members thereof have access to all parts of the dwelling.

Fire wall (2/2/11)

(a)        A "fire wall" is a fire-resistance-rated smoke-tight wall having protected openings which restricts the spread of fire and extends vertically without offset, continuously from the foundation to or through the roof, and is in accordance with the specifications of the New York City Building Code for fire walls or fire wall separations, as applicable.

(b)        Where a wall constructed prior to February 2, 2011, does not meet the requirements of paragraph (a), but does meet the fire wall specifications of the New York City Building Code pursuant to which it was constructed, such wall shall be considered a fire wall. In the event that such wall either fails to meet such specifications, or no specifications for fire walls existed at the time of its construction, the Commissioner of the Department of Buildings shall determine whether such wall shall be considered a fire wall for the purpose of determining the boundary of a building.

Flashing sign — see Sign, flashing

Flood maps (10/9/13)

"Flood maps" shall be the most recent advisory or preliminary maps or map data released by the Federal Emergency Management Agency (FEMA) after October 28, 2012, until such time as the City of New York adopts new final Flood Insurance Rate Maps. When new final Flood Insurance Rate Maps are adopted by the City of New York superseding the Flood Insurance Rate Maps in effect on October 28, 2012, flood maps shall be such new adopted final Flood Insurance Rate Maps.

Flood zone (10/9/13)

The "flood zone" is the area that has a one percent chance of flooding in a given year, as indicated on the effective Flood Insurance Rate Maps, plus any additional area that has a one percent chance of flooding in a given year, as indicated on the flood maps.

Floor area (3/22/16)

"Floor area" is the sum of the gross areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the center lines of walls separating two buildings. In particular, floor area includes:

(a)        basement space, except as specifically excluded in this definition;

(b)        elevator shafts or stairwells at each floor, except as specifically excluded in this definition;

(c)        floor space in penthouses;

(d)        attic space (whether or not a floor has been laid) providing structural headroom of five feet or more in R2A, R2X, R3, R4 or R5 Districts, eight feet or more in R1 and R2 Districts, other than R2A and R2X Districts, and eight feet or more for single- or two-family residences in R6, R7, R8, R9 and R10 Districts. For buildings with three or more dwelling units in R6, R7, R8, R9 and R10 Districts developed or enlarged prior to February 2, 2011, such attic space providing structural headroom of eight feet or more shall be considered floor area. For buildings with three or more dwelling units in R6, R7, R8, R9 and R10 Districts developed or enlarged after February 2, 2011, any attic space shall be considered floor area;

(e)        floor space in gallerias, interior balconies, mezzanines or bridges;

(f)        floor space in open or roofed bridges, breeze ways or porches, if more than 50 percent of the perimeter of such bridge, breeze way or porch is enclosed, and provided that a parapet not higher than 3 feet, 8 inches, or a railing not less than 50 percent open and not higher than 4 feet, 6 inches, shall not constitute an enclosure;

(g)        any other floor space used for dwelling purposes, no matter where located within a building, when not specifically excluded;

(h)        floor space in accessory buildings, except for floor space used for accessory off-street parking;

(i)        floor space used for accessory off-street parking spaces provided in any story after June 30, 1989:

(1)        within detached or semi-detached single- or two-family residences in R1-2A, R2A, R2X, R3, R4 or R5 Districts, except that:

(i)        in R2A Districts, floor area within such residences shall include only floor space in excess of 300 square feet for one such space; and

(ii)        in all R1-2A Districts, and in R3, R4A and R4-1 Districts in lower density growth management areas, floor area within such residences shall include only floor space in excess of 300 square feet for one such space and in excess of 500 square feet for two such spaces;

(2)        within buildings containing residences developed or enlarged pursuant to the optional regulations applicable in a predominantly built-up area;

(3)        in excess of 100 square feet per required space in individual garages within other buildings containing residences (attached buildings, rowhouses or multiple dwellings) in R3-2, R4 or R5 Districts, except that in R3-2 Districts within lower density growth management areas, floor area shall only include floor space in excess of 300 square feet for one such space and in excess of 500 square feet for two such spaces. However, all of the floor space within any story in individual garages shall be considered floor area where, subsequent to June 7, 1989, the level of any yard except that portion of a yard in front of a garage on the zoning lot is lowered below the lower of:

(i)        curb level; or

(ii)        grade existing on June 7, 1989;

(4)        within a group parking facility with five or more required spaces accessory to buildings containing residences in R3, R4 or R5 Districts that is located in a space with a ceiling height that is more than six feet above the base plane, or, if the base plane is a sloping base plane, six feet above the street wall line level used to establish such base plane. On through lots with sloping base planes, the street wall line level closest to a street shall be used to determine whether such space is floor area;

(5)        which is located more than 23 feet above curb level in any other building;

(6)        which is unenclosed and covered by a building or other structure containing residential use for at least 50 percent of such accessory off-street parking space in R2A, R2X, R3, R4 and R5 Districts. Where such accessory off-street parking space is covered by any portion of a building or other structure containing residential use, other than a single- or two-family detached or semi-detached residence in R3-2, R4 or R5 Districts, and not developed or enlarged pursuant to the optional regulations applicable in a predominantly built-up area, such floor area shall include only that portion of the accessory off-street parking space in excess of 100 square feet per required space;

(j)        floor space used for accessory off-street loading berths in excess of 200 percent of the amount required by the applicable district regulations;

(k)        floor space that is or becomes unused or inaccessible within a building;

(l)        floor space that has been eliminated from the volume of an existing building in conjunction with the development of a new building or in the case of a major enlargement, as set forth in Section 11-31 (General Provisions), of another building on the same zoning lot;

(m)        floor space used for mechanical equipment that exceeds 50 square feet for the first dwelling unit, an additional 30 square feet for the second dwelling unit, and an additional 10 square feet for each additional dwelling unit in R2X, R3, R4 or R5 Districts. For the purposes of calculating floor space used for mechanical equipment, building segments on a single zoning lot may be considered to be separate buildings;

(n)        floor space in exterior balconies or in open or roofed terraces if more than 67 percent of the perimeter of such balcony or terrace is enclosed and provided that a parapet not higher than 3 feet, 8 inches, or a railing not less than 50 percent open and not higher than 4 feet, 6 inches, shall not constitute an enclosure. For the purposes of such calculation, exterior building walls on adjoining zoning lots abutting an open or roofed terrace shall not constitute an enclosure. A sun control device that is accessible for purposes other than for maintenance shall be considered a balcony; and

(o)        any other floor space not specifically excluded.

However, the floor area of a building shall not include:

(1)        cellar space, except where such space is used for dwelling purposes. Cellar space used for retailing shall be included for the purpose of calculating requirements for accessory off-street parking spaces, accessory bicycle parking spaces and accessory off-street loading berths;

(2)        elevator or stair bulkheads, accessory water tanks, or cooling towers, except that such exclusions shall not apply in R2A Districts;

(3)        uncovered steps;

(4)        attic space (whether or not a floor has been laid) providing structural headroom of less than five feet in R2A, R2X, R3, R4 or R5 Districts, less than eight feet in R1 and R2 Districts, other than R2A and R2X Districts, and less than eight feet for single- or two-family residences in R6, R7, R8, R9 and R10 Districts. For buildings with three or more dwelling units in R6, R7, R8, R9 and R10 Districts developed or enlarged prior to February 2, 2011, such attic space providing structural headroom of less than eight feet shall not be considered floor area;

(5)        floor space in open or roofed bridges, breeze ways or porches, provided that not more than 50 percent of the perimeter of such bridge, breeze way or porch is enclosed, and provided that a parapet not higher than 3 feet, 8 inches, or a railing not less than 50 percent open and not higher than 4 feet, 6 inches, shall not constitute an enclosure;

(6)        floor space used for accessory off-street parking spaces provided in any story:

(i)        up to 200 square feet per required space existing on June 30, 1989, within buildings containing residences in R3, R4 or R5 Districts, and up to 300 square feet for one required space in R2A Districts. However, for detached or semi-detached single- or two-family residences in all R1-2A Districts and in R3, R4A and R4-1 Districts within lower density growth management areas, floor area shall not include up to 300 square feet for one space and up to 500 square feet for two spaces;

(ii)        up to 100 square feet per required space in individual garages in attached buildings containing residences, rowhouses or multiple dwellings in R3, R4, or R5 Districts, except that in R3-2 Districts within lower density growth management areas, up to 300 square feet for one such space and up to 500 square feet for two such spaces, except for:

(1)        buildings containing residences developed or enlarged after June 30, 1989, pursuant to the optional regulations applicable in a predominantly built-up area; or

(2)        buildings containing residences where, subsequent to June 7, 1989, the level of any yard, except that portion of a yard in front of a garage on the zoning lot is lowered below the lower of curb level or grade existing on June 7, 1989;

(iii)        within an attached building containing residences, building segment or multiple dwelling in R3-2, R4, or R5 Districts if such floor space is within a group parking facility with five or more required spaces that is located in a space with a ceiling height not more than six feet above the base plane, or, if the base plane is a sloping base plane, not more than six feet above the street wall line level used to establish such base plane. On through lots with sloping base planes, the street wall line level closest to a street shall be used to determine whether such space is floor area;

(iv)        located not more than 23 feet above curb level, in any other building, except where such floor space used for accessory parking is contained within a public parking garage;

(v)        in R3-2, R4 and R5 Districts, up to 100 square feet per required space which is unenclosed and covered by a building containing residences other than a single- or two-family detached or semi-detached residence for at least 50 percent of such accessory off-street parking space, except where such residences are or have been developed or enlarged pursuant to the optional regulations applicable in a predominantly built-up area;

(7)        floor space used for accessory off-street loading berths, up to 200 percent of the amount required by the applicable district regulation;

(8)        floor space used for mechanical equipment, except that such exclusion shall not apply in R2A Districts, and in R1-2A, R2X, R3, R4, or R5 Districts, such exclusion shall be limited to 50 square feet for the first dwelling unit, an additional 30 square feet for the second dwelling unit and an additional 10 square feet for each additional dwelling unit. For the purposes of calculating floor space used for mechanical equipment, building segments on a single zoning lot may be considered to be separate buildings;

(9)        except in R1-2A, R2A, R2X, R3, R4 and R5 Districts, the lowest story (whether a basement or otherwise) of a residential building, provided that:

(i)        such building contains not more than two stories above such story;

(ii)        such story and the story immediately above it are portions of the same dwelling unit;

(iii        such story is used as a furnace room, utility room, auxiliary recreation room, or for other purposes for which basements are customarily used; and

(iv)        such story has at least one-half its height below the level of the ground along at least one side of such building, or such story contains a garage;

(10)        floor space in exterior balconies or in open or roofed terraces provided that not more than 67 percent of the perimeter of such balcony or terrace is enclosed and provided that a parapet not higher than 3 feet, 8 inches, or a railing not less than 50 percent open and not higher than 4 feet, 6 inches, shall not constitute an enclosure. For the purposes of such calculation, exterior building walls on adjoining zoning lots abutting an open or roofed terrace shall not constitute an enclosure. A sun control device that is accessible for purposes other than for maintenance shall be considered a balcony;

(11)        floor space within stairwells:

(i)        at each floor of buildings containing residences developed or enlarged after April 16, 2008, that are greater than 125 feet in height, provided that:

(1)        such stairwells are located on a story containing residences;

(2)        such stairwells are used as a required means of egress from such residences;

(3)        such stairwells have a minimum width of 44 inches;

(4)        such floor space excluded from floor area shall be limited to a maximum of eight inches of stair and landing width measured along the length of the stairwell enclosure at each floor; and

(5)        where such stairwells serve non-residential uses on any floor, or are located within multi-level dwelling units, the entire floor space within such stairwells on such floors shall count as floor area;

(ii)        at each floor of buildings developed or enlarged after April 28, 2015, that are 420 feet or greater in height, provided that:

(1)        such stairwells serve a space with an occupancy group other than Group R-2, as classified in the New York City Building Code, that is located at or above a height of 420 feet; and

(2)        such floor space excluded from floor area shall be limited to:

(aa)        the 25 percent of stair and landing width required by the New York City Building Code which is provided in addition to the stair and landing widths required by such Code for means of egress; or

(bb)        the one stairwell required by the New York City Building Code which is provided in addition to the stairwells required by such Code for means of egress. For the purposes of this paragraph, such additional stairwell shall include the stair and landings as well as any walls enclosing the stair and landings;

(12)        exterior wall thickness, up to eight inches:

(i)        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; or

(ii)        where such wall thickness is part of an exterior wall constructed after April 30, 2012, equal to the number of inches by which the wall's total thickness exceeds eight inches, provided the above-grade exterior walls of the building envelope are more energy efficient than required by the New York City Energy Conservation Code (NYCECC) as determined by the following:

(1)        the area-weighted average U-factor of all opaque above-grade wall assemblies shall be no greater than 80 percent of the area-weighted average U-factor determined by using the prescribed requirements of the NYCECC; and

(2)        the area-weighted average U-factor of all above-grade exterior wall assemblies, including vertical fenestrations, shall be no more than 90 percent of the area-weighted average U-factor determined by using the prescribed requirements of the NYCECC. For the purposes of calculating the area-weighted average U-factor, the amount of fenestration shall equal the amount of fenestration provided in such exterior walls, or an amount equal to the maximum fenestration area referenced in the NYCECC for the calculation of the baseline energy code requirement, whichever is less;

For the purposes of calculating compliance with this paragraph, (12)(ii), the term "above-grade" shall only include those portions of walls located above the grade adjoining such wall. Compliance with this paragraph shall be demonstrated to the Department of Buildings at the time of issuance of the building permit for such exterior walls. The total area of wall thickness excluded from the calculation of floor area shall be reflected on the next issued temporary or final certificate of occupancy for the building, as well as all subsequent certificates of occupancy;

(13)        floor space in a rooftop greenhouse permitted pursuant to Section 75-01 (Certification for Rooftop Greenhouses);

(14)        floor space on a sun control device, where such space is inaccessible other than for maintenance.

Floor area ratio (2/2/11)

"Floor area ratio" is the total floor area on a zoning lot, divided by the lot area of that zoning lot. If two or more buildings are located on the same zoning lot, the floor area ratio is the sum of their floor areas divided by the lot area. (For example, a zoning lot of 10,000 square feet with a building containing 20,000 square feet of floor area has a floor area ratio of 2.0, and a zoning lot of 20,000 square feet with two buildings containing a total of 40,000 square feet of floor area also has a floor area ratio of 2.0)

Front lot line — see Lot line, front

Front sky exposure plane — see Sky exposure plane

Front yard — see Yard, front

Front yard line — see Yard line, front

Front yard line level — see Yard line, front, level (of)

Gambling vessel (2/26/98)

A "gambling vessel" is any ferry, sightseeing, excursion, sport fishing or passenger ocean vessel that operates a shipboard gambling business subject to regulation under Title 20-A of the Administrative Code of the City of New York or any successor legislation.

Group parking facility (2/2/11)

A "group parking facility" is a building or other structure or an open use on a zoning lot or portion thereof used for the storage of motor vehicles, that contains more than one parking space, has access to the street common to all spaces and, if accessory to a residential use, is designed to serve more than one dwelling unit.

A group parking facility shall include, but is not limited to, the following:

(a)        an open parking area;

(b)        parking spaces included within, or on the roof of, a building not primarily used for parking; or

(c)        a building or buildings used primarily for parking, including a group of individual garages.

A group parking facility shall not include in R3, R4 or R5 Districts, individual parking garages within buildings containing residences or individual unenclosed accessory parking spaces adjacent to residences which have access from a street, a private street or a driveway common to all the spaces.

Height factor (3/22/16)

The "height factor" of a zoning lot is equal to the total floor area of a building divided by its lot coverage. If two or more buildings are located on the same zoning lot, the height factor is the sum of their floor areas divided by the sum of their lot coverages.

For example, a zoning lot with a residential building containing 60,000 square feet of floor area and a lot coverage of 5,000 square feet has a height factor of 12, and a zoning lot with two residential buildings containing a total of 80,000 square feet of floor area and 10,000 square feet of total lot coverage has a height factor of 8.

In computing a height factor, a fraction of one-half or more may be considered a whole number, and smaller fractions shall be disregarded.

Home occupation (2/2/11)

(a)        A "home occupation" is an accessory use which:

(1)        is clearly incidental to or secondary to the residential use of a dwelling unit or rooming unit;

(2)        is carried on within a dwelling unit, rooming unit, or accessory building by one or more occupants of such dwelling unit or rooming unit, except that, in connection with the practice of a profession, one person not residing in such dwelling unit or rooming unit may be employed; and

(3)        occupies not more than 25 percent of the total floor area of such dwelling unit or rooming unit and in no event more than 500 square feet of floor area.

(b)        In connection with the operation of a home occupation, it shall not be permitted:

(1)        to sell articles produced elsewhere than on the premises;

(2)        to have exterior displays, or a display of goods visible from the outside;

(3)        to store materials or products outside of a principal or accessory building or other structure;

(4)        to display, in an R1 or R2 District, a nameplate or other sign except as permitted in connection with the practice of a profession;

(5)        to make external structural alterations which are not customary for residences; or

(6)        to produce offensive noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, or other objectionable effects.

(c)        Home occupations include, but are not limited to:

fine arts studios

professional offices

teaching of not more than four pupils simultaneously, or, in the case of musical instruction, of not more than a single pupil at a time.

(d)        However, home occupations shall not include:

advertising or public relations agencies

barber shops

beauty parlors

commercial stables or kennels

depilatory, electrolysis or similar offices

interior decorators' offices or workshops

ophthalmic dispensing

pharmacy

real estate or insurance offices

stockbrokers' offices

veterinary medicine.

Hotel, apartment (2/2/11)

An "apartment hotel" is a building or part of a building that is a Class A multiple dwelling as defined in the Multiple Dwelling Law, which:

(a)        has three or more dwelling units or rooming units;

(b)        has one or more common entrances serving all such units; and

(c)        provides one or more of the following services: housekeeping, telephone, desk, or bellhop service, or the furnishing or laundering of linens.

Restaurants, cocktail lounges, or indoor swimming pools are permitted accessory uses, provided that in Residence Districts, such facilities shall be accessible only through the lobby and there shall be no signs except as permitted by the applicable district regulations. Public banquet halls, ballrooms, or meeting rooms are not permitted accessory uses.

Hotel, transient (8/17/90)

A "transient hotel" is a building or part of a building in which:

(a)        living or sleeping accommodations are used primarily for transient occupancy, and may be rented on a daily basis;

(b)        one or more common entrances serve all such living or sleeping units; and

(c)        twenty-four hour desk service is provided, in addition to one or more of the following services: housekeeping, telephone, or bellhop service, or the furnishing or laundering of linens.

Permitted accessory uses include restaurants, cocktail lounges, public banquet halls, ballrooms, or meeting rooms.

Illuminated sign — see Sign, illuminated

Incidental alteration — see Alteration, incidental

Inclusionary Housing area, Mandatory — see Mandatory Inclusionary Housing area

Inclusionary Housing designated area (3/22/16)

An "Inclusionary Housing designated area" is a specified area in which the Inclusionary Housing Program is applicable, pursuant to the regulations set forth for such areas in Section 23-90 (INCLUSIONARY HOUSING), inclusive. The locations of Inclusionary Housing designated areas are identified in APPENDIX F of this Resolution or in Special Purpose Districts, as applicable.

Income-restricted housing unit (3/22/16)

An "income-restricted housing unit" is a dwelling unit that complies with the definition of "affordable housing unit" set forth in Section 23-911 (General definitions), or any other dwelling unit with a legally binding restriction limiting rents to be affordable to households with incomes at or below 80 percent of the income index, as prescribed by a City, State, or Federal agency, law, regulation, or regulatory agreement, for a period of not less than 30 years. For the purposes of this definition, "income index" shall be as defined in Section 23-911.

Any dwelling unit for which the applicable number of required accessory off-street parking spaces was established pursuant to the provisions of Section 25-25 (Modification of Requirements for Income-Restricted Housing Units, Affordable Independent Residences for Seniors or Other Government-Assisted Dwelling Units) as such Section existed between December 15, 1961, and March 22, 2016, shall be considered an income-restricted housing unit. In addition, dwelling units in public housing developments owned by the New York City Housing Authority for which the applicable number of required accessory off-street parking spaces was established pursuant to the zoning regulations in effect between July 20, 1950, and December 15, 1961, shall be considered income-restricted housing units.

Any temporary or final certificate of occupancy issued after March 22, 2016, for a building or portion thereof containing an income-restricted housing unit shall state that such building or portion thereof contains income-restricted housing units and shall state that such certificate of occupancy may be amended or superseded to reflect that the building or portion thereof may contain other than income-restricted housing units only in accordance with the provisions of the Zoning Resolution.

Industrial floor space (12/19/17)

"Industrial floor space" is floor area or cellar space, excluding mechanical space and common space such as hallways, lobbies or stairways, with a minimum clear height from floor to ceiling of 15 feet, and allocated to one or more of the manufacturing, semi-industrial or industrial uses listed in Use Groups 11A, 16A (excluding animal hospitals or kennels; animal pounds or crematoriums; automobile, motorcycle, trailer or boat sales, open or enclosed; crematoriums, human; motorcycle or motor scooter rental establishments; poultry or rabbit killing establishments, for retail sale on the same zoning lot only; riding academies, open or enclosed; stables for horses; and trade schools for adults), 16B, 16D (limited to wholesale establishments, with no limitation on accessory storage), 17 or 18A. Industrial floor space shall not include any diagnostic medical laboratories that receive patients.

Initial setback distance (12/15/61)

An "initial setback distance" is a horizontal distance measured from a street line into a zoning lot for a depth as set forth in the district regulations.

Inner court — see Court, inner

Inner court recess — see Court recess, inner

Interior lot — see Lot, interior

Joint living-work quarters for artists (2/2/11)

A "joint living-work quarters for artists" consists of one or more rooms in a non-residential building, on one or more floors, with lawful cooking space and sanitary facilities meeting the requirements of the Housing Maintenance Code, occupied:

(a)        and arranged and designed for use by, and is used by, not more than four non-related artists, or an artist and the artist's household, and including adequate working space reserved for the artist, or artists residing therein;

(b)        by any household residing therein on September 15, 1986 whose members are all unable to meet the artist certification qualifications of the Department of Cultural Affairs that registers with the Department of Cultural Affairs prior to nine months from January 8, 1987; or

(c)        by any person who is entitled to occupancy by any other provision of law.

Regulations governing joint living-work quarters for artists are set forth in Article I, Chapter 5, Sections 42-14, paragraph D. (Use Group 17 - Special Uses in M1-5A and M1-5B Districts), 42-141 (Modification by certification of the Chairperson of the City Planning Commission of uses in M1-5A and M1-5B Districts), 43-17 (Special Provisions for Joint Living-Work Quarters for Artists in M1-5A and M1-5B Districts) and 74-78 (Conversions of Non-residential Floor Area).

Land with minor improvements (2/2/11)

"Land with minor improvements" is a tract of land or a zoning lot that:

(a)        does not contain any building or other structure; or

(b)        involves buildings or other structures, or other improvements, located underground or substantially at ground level, with a total assessed valuation, excluding land, of less than $14,500 as of February 2, 2011, as determined from the assessment rolls in effect on the applicable date on which such use is changed, damaged or destroyed, or terminated, in accordance with the provisions of Sections 52-32, 52-52 or 52-72 (Land with Minor Improvements). The Chairperson of the City Planning Commission shall adjust this figure annually. Such adjustment shall occur on August 1 of each calendar year, based on the percentage change in the Consumer Price Index for all urban consumers as defined by the U.S. Bureau of Labor Statistics for the twelve months ended on June 30 of that year.

Large-scale community facility development (2/2/11)

A "large-scale community facility development" contains one or more buildings on a single zoning lot or two or more zoning lots that are contiguous or would be contiguous but for their separation by a street or a street intersection, used predominantly for community facility uses, and:

(a)        has or will have an area of at least three acres;

(b)        has been or is to be used, developed or enlarged as a unit:

(1)        under single fee ownership or alternate ownership arrangements as set forth in the zoning lot definition in Section 12-10 (DEFINITIONS) for all zoning lots comprising the large-scale community facility development; or

(2)        under single fee, alternate or separate ownership, either:

(i)         pursuant to an urban renewal plan for a designated urban renewal area containing such zoning lots; or

(ii)        through assemblage by any other governmental agency, or its agent, having the power of condemnation; and

(c)        shall be located entirely in a Residence District or in a C1, C2, C3 or C4-1 District.

Such zoning lots may include any land occupied by buildings existing at the time an application is submitted to the City Planning Commission under the provisions of Article VII, Chapter 9, provided that such buildings form an integral part of the large-scale community facility development.

Large-scale development (2/2/11)

A "large-scale development" is either a large-scale community facility development, a large-scale general development or a large-scale residential development.

Large-scale general development (2/2/11)

A "large-scale general development" contains one or more buildings on a single zoning lot or two or more zoning lots that are contiguous or would be contiguous but for their separation by a street or a street intersection and is not either a large-scale residential development or a large-scale community facility development; and:

(a)        has or will have an area of at least 1.5 acres;

(b)        has been or is to be used, developed or enlarged as a unit:

(1)        under single fee ownership or alternate ownership arrangements as set forth in the zoning lot definition in Section 12-10 (DEFINITIONS) for all zoning lots comprising the large-scale general development; or

(2)        under single fee, alternate or separate ownership, either:

(i)         pursuant to an urban renewal plan for a designated urban renewal area containing such zoning lots; or

(ii)        through assemblage by any other governmental agency, or its agent, having the power of condemnation; and

(c)        shall be located in whole or in part in any Commercial or Manufacturing District, subject to the restrictions of paragraph (a)(1) of Section 74-743 (Special provisions for bulk modification).

Such zoning lots may include any land occupied by buildings existing at the time an application is submitted to the City Planning Commission under the provisions of Article VII, Chapter 4, provided that such buildings form an integral part of the large-scale general development, and provided that there is no bulk distribution from a zoning lot containing such existing buildings. In C5 and C6 Districts, however, a large-scale general development having a minimum lot area of five acres may include a zoning lot that contains an existing building that is not integrally related to the other parts of the large-scale general development, provided that such building covers less than 15 percent of the lot area of the large-scale general development and provided that there is no bulk distribution from a zoning lot containing such existing building.

Large-scale residential development (2/2/11)

A "large-scale residential development" contains one or more buildings on a single zoning lot or two or more zoning lots that are contiguous or would be contiguous but for their separation by a street or a street intersection, used predominantly for residential uses and:

(a)        has or will have an area of at least 1.5 acres and a total of at least three principal buildings, or an area of at least three acres and a total of at least 500 dwelling units;

(b)        has been or is to be developed as a unit:

(1)        under single fee ownership or alternate ownership arrangements as set forth in the zoning lot definition in Section 12-10 (DEFINITIONS) for all zoning lots comprising the large-scale residential development; or

(2)        under single fee, alternate or separate ownership, either:

(i)         pursuant to an urban renewal plan for a designated urban renewal area containing such zoning lots; or

(ii)        through assemblage by any other governmental agency, or its agent, having the power of condemnation;

(c)        shall be located entirely in a Residence District or in a C1, C2, C3 or C4-1 District; and

(d)        shall not include any zoning lots occupied by existing buildings to remain; and in staged developments, existing buildings proposed for demolition shall not be permitted to create a temporary non-compliance.

Legally required window (2/2/11)

A "legally required window" is a window or portion of a window (including a window either in addition to or as a substitute for mechanical ventilation) which is required by any applicable law or statute to provide light or ventilation to a "living room," as defined in the Housing Maintenance Code.

Limited Height District (6/29/94)

A "Limited Height District" is a district whose designation begins with the letters "LH," and in which the heights of buildings or other structures are limited in accordance with the provisions of Sections 23-691, 24-591, 33-491 or 43-49 (Limited Height Districts).

Limited Height Districts appear on the zoning maps superimposed upon other districts. Their regulations supplement the regulations of the districts on which they are superimposed.

Limited Height Districts are confined to areas or portions of areas established by the Landmarks Preservation Commission and the Board of Estimate, or its successor, as "Historic Districts" pursuant to Chapter 8-A of the New York City Charter and Chapter 8-A of the New York City Administrative Code.

Loft dwelling (10/13/10)

A "loft dwelling" is a dwelling unit in the Special Tribeca Mixed Use District, in a building designed for non-residential use erected prior to December 15, 1961. Regulations governing loft dwellings are set forth in Sections 111-11 (Residential Use Modification) and 111-40 (REQUIREMENTS FOR LOFT DWELLINGS CONSTRUCTED PRIOR TO OCTOBER 13, 2010).

Long-term care facility (3/22/16)

A "long-term care facility" is a community facility use that has secured appropriate certificate of authority or licensure by the New York State Department of Health and shall include:

(a)        nursing homes or assisted living facilities as defined in the New York State Public Health Law; and

(b)        continuing care retirement communities, consisting of independent living dwelling units in addition to nursing home beds and assisted living facilities as defined in the Public Health Law. Such continuing care retirement communities may be located in one or more buildings on the same or contiguous zoning lots, or on lots which would be contiguous but for their separation by a street. All such continuing care retirement communities shall:

(1)        offer a life care contract that includes unlimited long-term care services along with housing for independent living and residential services and amenities; and

(2)        include fewer independent living dwelling units than the combined number of assisted living dwelling units or rooming units and nursing home beds on such same or contiguous zoning lots, or on lots which would be contiguous but for their separation by a street. For the purposes of this calculation, the number of such assisted living dwelling units or rooming units shall be the number of such units in the State-licensed assisted living facilities or assisted living residences; and the number of such nursing home beds shall be the number of authorized State-licensed nursing home beds, as applicable. For the purposes of this definition, the term "rooming units" shall be as defined in the New York City Housing Maintenance Code.

If a continuing care retirement community does not comply with conditions (1) and (2) above, the independent living dwelling units shall be considered a residential use.

Lot area (2/20/64)

"Lot area" is the area of a zoning lot.

Lot area per dwelling unit (12/15/61)

"Lot area per dwelling unit" is that portion of the lot area required for each dwelling unit located on a zoning lot.

Lot area per room (12/15/61)

"Lot area per room" is that portion of the lot area required for each room located on a zoning lot.

Lot, corner (5/20/65)

A "corner lot" is either a zoning lot bounded entirely by streets, or a zoning lot which adjoins the point of intersections of two or more streets and in which the interior angle formed by the extensions of the street lines in the directions which they take at their intersections with lot lines other than street lines, forms an angle of 135 degrees or less. In the event that any street line is a curve at its point of intersection with a lot line other than a street line, the tangent to the curve at that point shall be considered the direction of the street line. The portion of such zoning lot subject to the regulations for corner lots is that portion bounded by the intersecting street line and lines parallel to and 100 feet from each intersecting street line. Any remaining portion of a corner lot shall be subject to the regulations for a through lot or for an interior lot, whichever is applicable.

Lot coverage (3/22/16)

"Lot coverage" is that portion of a zoning lot which, when viewed directly from above, would be covered by a building or any part of a building. However, for purposes of computing a height factor, any portion of such building covered by a roof which qualifies as open space, or any terrace, balcony, breeze way, or porch or portion thereof not included in the floor area of a building, shall not be included in lot coverage.

For example, a zoning lot of 20,000 square feet consists of one portion, 100 feet by 100 feet, as a corner lot portion, and another portion, 100 feet by 100 feet, as an interior lot portion. In a district that allows 70 percent coverage of the interior lot portion, that portion can have a lot coverage of 7,000 square feet, while the corner lot portion which is allowed 100 percent coverage can have a lot coverage of 10,000 square feet.

When a height factor is not computed for a residential building or residential portion of a building, obstructions permitted pursuant to Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) shall not be included in lot coverage, except that the portion of any balcony which does not project from the face of the building shall be counted as lot coverage.

Lot depth (12/15/61)

"Lot depth" is the mean horizontal distance between the front lot line and rear lot line of a zoning lot. In the case of a corner lot, the lot depth is the greater of the mean horizontal distances between the front lot lines and the respective side lot line opposite each.

Lot, interior (12/15/61)

An "interior lot" is any zoning lot neither a corner lot nor a through lot.

Lot line (12/15/61)

A "lot line" is a boundary of a zoning lot.

Lot line, front (12/15/61)

A "front lot line" is a street line.

Lot line, rear (12/15/61)

A "rear lot line" is any lot line of a zoning lot except a front lot line, which is parallel or within 45 degrees of being parallel to, and does not intersect, any street line bounding such zoning lot.

Lot line, side (12/15/61)

A "side lot line" is any lot line which is not a front lot line or a rear lot line.

Lot, through (12/15/61)

A "through lot" is any zoning lot, not a corner lot, which adjoins two street lines opposite to each other and parallel or within 45 degrees of being parallel to each other. Any portion of a through lot which is not or could not be bounded by two such opposite street lines and two straight lines intersecting such street lines shall be subject to the regulations for an interior lot.

THROUGH LOT

Lot width (12/15/61)

"Lot width" is the mean horizontal distance between the side lot lines of a zoning lot.

Lot, zoning — see Zoning lot

Lower density growth management area (2/2/11)

A "lower density growth management area" is any R1, R2, R3, R4A, R4-1 or C3A District in the following designated areas, and any zoning lot containing buildings accessed by private roads in R1, R2, R3, R4, R5 or C3A Districts within such areas:

The Borough of Staten Island

Community District 10 in the Borough of the Bronx

In the Borough of Staten Island, lower density growth management areas shall also include any C1, C2 or C4 District.

In the Borough of the Bronx, in Community District 10, lower density growth management areas shall also include any R6, R7, C1 or C2 Districts for the purposes of applying the parking provisions of Article II, Chapter 5, and Article III, Chapter 6.

Mandatory Inclusionary Housing area (3/22/16)

A "Mandatory Inclusionary Housing area" is a specified area in which the Inclusionary Housing Program is applicable, pursuant to the regulations set forth for such areas in Section 23-90 (INCLUSIONARY HOUSING), inclusive. The locations of Mandatory Inclusionary Housing areas are identified in APPENDIX F of this Resolution or in Special Purpose Districts, as applicable.

Manhattan Core

The "Manhattan Core" is the area within Manhattan Community Districts 1, 2, 3, 4, 5, 6, 7 and 8.

Manufacturing (2/2/11)

A "manufacturing" use is any use listed in Use Group 17 or 18.

Manufacturing District (2/2/11)

A "Manufacturing District" includes any district whose designation begins with the letter "M."

For example, an "M1" District includes any district whose designation begins with the symbol "M1."

Mixed building (2/2/11)

A "mixed building" is a building in a Commercial District used partly for residential use and partly for community facility or commercial use.

Motel or tourist cabin (12/15/61)

A "motel" or "tourist cabin" is a building or group of buildings which:

(a)        contains living or sleeping accommodations used primarily for transient occupancy; and

(b)        has individual entrances from outside the building to serve each such living or sleeping unit.

Narrow street — see Street, narrow

Non-complying, or non-compliance (12/15/61)

A "non-complying" building or other structure is any lawful building or other structure which does not comply with any one or more of the applicable district bulk regulations either on December 15, 1961 or as a result of a subsequent amendment thereto.

A "non-compliance" is a failure by a non-complying building or other structure to comply with any one of such applicable bulk regulations.

Non-conforming, or non-conformity (2/2/11)

A "non-conforming" use is any lawful use, whether of a building or other structure or of a zoning lot, which does not conform to any one or more of the applicable use regulations of the district in which it is located, either on December 15, 1961, or as a result of any subsequent amendment thereto.

A non-conforming use shall result from failure to conform to the applicable district regulations on either permitted Use Groups or performance standards.

A non-conformity is a failure by a non-conforming use to conform to any one of such applicable use regulations.

However, no existing use shall be deemed non-conforming, nor shall a non-conformity be deemed to exist, solely because of any of the following:

(a)        the existence of less than the required accessory off-street parking spaces or loading berths;

(b)        the existence of non-conforming accessory signs; or

(c)        the existence of conditions in violation of the provisions of either Sections 32-41 and 32-42, relating to Supplementary Use Regulations, or Sections 32-51 and 32-52 relating to Special Provisions Applying along District Boundaries, or Sections 42-41, 42-42, 42-44 and 42-45, relating to Supplementary Use Regulations and Special Provisions Applying along District Boundaries.

Non-profit hospital staff dwelling (6/27/63)

A "non-profit hospital staff dwelling" is a dwelling owned by a non-profit institution or subsidiary non-profit housing corporation and which contains dwelling units reserved exclusively for occupancy by members of the staff of a non-profit or voluntary hospital and their immediate family.

Non-qualifying ground floor (3/22/16)

A "non-qualifying ground floor" shall refer to a ground floor of a development or enlargement of a Quality Housing building that does not meet the requirements for a qualifying ground floor.

Non-residential building (2/2/11)

A "non-residential building" is a building containing no residences.

Open space (2/2/11)

"Open space" is that part of a zoning lot, including courts or yards, which is open and unobstructed from its lowest level to the sky and is accessible to and usable by all persons occupying a dwelling unit or a rooming unit on the zoning lot.

Open space may, however, include areas covered by roofs, the total area of which is less than 10 percent of the unroofed or uncovered area of a zoning lot, provided that such roofed area is not enclosed on more than one side, or on more than 10 percent of the perimeter of the roofed area, whichever is greater.

Open space may be provided on the roof of:

(a)        a community facility building;

(b)        a building containing residences, provided such roof area is not above that portion of such building that contains dwelling units or rooming units;

(c)        a non-residential building, other than a community facility building, provided such non-residential building abuts other buildings, any one of which contains residences.

All such roof areas used for open space shall meet the requirements set forth in this definition and shall:

(1)        be not higher than 23 feet above curb level, except as provided in Sections 24-164 (Location of open space for residential portion) and 35-33 (Location of Open Space);

(2)        be at least two and one-half feet below the sill level of all legally required windows opening on such roof area;

(3)        be directly accessible by a passageway from a building, or by a ramp (with a grade of less than 10 percent) from a building, yard, court or street, except that in R8 or R9 Districts such roof area need not be accessible to occupants and is therefore exempt from this requirement; and

(4)        have no dimension less than 25 feet; except that in R8 or R9 Districts when such roof area adjoins a street line or a rear yard, it may have a minimum depth of nine feet and a minimum length, along such street line or rear yard, equal to at least twice its depth, or the full width of the zoning lot, or 50 feet, whichever is the least distance.

Open space ratio (2/2/11)

The "open space ratio" of a zoning lot is the number of square feet of open space on the zoning lot, expressed as a percentage of the floor area on that zoning lot. (For example, if for a particular zoning lot an open space ratio of 20 is required, 20,000 square feet of floor area in the building would necessitate 4,000 square feet of open space on the zoning lot; or, if 6,000 square feet of lot area were in open space, 30,000 square feet of floor area could be on that zoning lot.) Each square foot of open space per 100 square feet of floor area is referred to as one point.

Outer court — see Court, outer

Outer court recess — see Court recess, outer

Physical culture or health establishments (7/24/13)

A "physical culture or health establishment" is any establishment or facility, including commercial and non-commercial clubs, which is equipped and arranged to provide instruction, services, or activities which improve or affect a person's physical condition by physical exercise or by massage. Physical exercise programs include aerobics, martial arts or the use of exercise equipment.

Therapeutic or relaxation services, such as sun tanning, baths, showers, tubs, jacuzzis, whirlpools, saunas, steam rooms, isolation floatation tanks and meditation facilities may be provided only as accessory to the physical exercise program or massage facility. Except as specifically provided in Special Purpose Districts, physical culture or health establishments are only permitted pursuant to the provisions of Section 73-36. No license or permit shall be issued by the New York City Department of Health in conjunction with any health-related facility/services pursuant to this Section until a certificate of occupancy has been issued by the Department of Buildings establishing the use of the premises as a physical culture or health establishment.

Plaza (10/17/07)

A "plaza" is an open area for public use on a zoning lot developed, from December 15, 1961, to June 11, 1996, in accordance with the requirements set forth in APPENDIX E, Section E27-50 (PLAZA STANDARDS OF 1961), of this Resolution.

Plaza, public (2/2/11)

A "public plaza" is an open area for public use provided in accordance with the requirements set forth in Section 37-70, inclusive.

Plaza, residential (10/17/07)

A "residential plaza" is an open area for public use on a zoning lot developed from March 2, 1977, to October 17, 2007, in accordance with the requirements set forth in APPENDIX E, Article II, Chapter 7, of this Resolution

Plaza, urban (10/17/07)

An "urban plaza" is an open area for public use on a zoning lot developed, from April 16, 1975, to June 11, 1996, in accordance with plans certified by the Chairperson of the City Planning Commission or, from June 13, 1996, to October 17, 2007, in accordance with the requirements set forth in APPENDIX E, Section E37-04, of this Resolution.

Predominantly built-up area (3/22/16)

A "predominantly built-up area" is a block entirely within R4 or R5 Districts, including a Commercial District mapped within such Residence Districts, having a maximum area of four acres with buildings on zoning lots comprising 50 percent or more of the area of the block. However, a predominantly built-up area shall not include a block which is located partly in an R4A, R4-1, R4B, R5B or R5D District.

All such buildings shall have certificates of occupancy or other evidence acceptable to the Commissioner of Buildings issued not less than three years prior to the date of application for a building permit. Special optional regulations applying only to zoning lots of not more than 1.5 acres in a predominantly built-up area are set forth in the following Sections:

Section 23-143        (Optional regulations for predominantly built-up areas)

Section 23-22        (Maximum Number of Dwelling Units)

Section 23-44        (Permitted Obstructions in Required Yards or Rear Yard Equivalents)

Section 23-631        (General provisions)

Section 25-22        (Requirements Where Individual Parking Facilities Are Provided)

Section 25-23        (Requirements Where Group Parking Facilities Are Provided)

The regulations applicable to a predominantly built-up area shall not apply to any zoning lot occupied as of October 21, 1987, by a single- or two-family detached or semi-detached residence where 75 percent or more of the aggregate length of the block fronts in residential use, on both sides of the street facing each other, are occupied by such residences as of October 21, 1987. However, the regulations applicable to a predominantly built-up area may apply to such zoning lots where 75 percent or more of the aggregate length of the block fronts facing each other, on both sides of the street, is comprised of zoning lots occupied as of October 21, 1987, by commercial or manufacturing uses.

Furthermore, the regulations applicable to a predominantly built-up area shall continue to apply in the Special Coney Island Mixed Use District and the Special Ocean Parkway District, and in areas subject to the provisions of paragraph (d) of Section 23-16 (Special Floor Area and Lot Coverage Provisions for Certain Areas).

Primary entrance (2/2/11)

"Primary entrances" are the principal entrances to a building utilized for day-to-day pedestrian ingress and egress. Other entrances solely used for freight, service or emergency egress shall not constitute a primary entrance.

Private road (2/2/11)

A "private road" is a right-of-way, other than a street, that provides vehicular access from a street to five or more dwelling units that are within buildings or building segments that are located wholly beyond 50 feet of a street line or street setback line.

An individual driveway serving fewer than five parking spaces shall not be considered a private road.

However, in lower density growth management areas, a private road is a right-of-way, other than a street, that provides vehicular access from a street to:

(a)        three or more buildings or building segments located wholly beyond 50 feet of a street line or street setback line; or

(b)        one or two buildings or building segments located wholly beyond 50 feet of a street line or street setback line that contain five or more dwelling units.

Regulations for private roads are located in Sections 26-00 (APPLICABILITY OF THIS CHAPTER) and 37-10 (APPLICABILITY OF ARTICLE II, CHAPTER 6, TO LOTS WITH PRIVATE ROADS).

Public park (12/15/61)

A "public park" is any publicly owned park, playground, beach, parkway or roadway within the jurisdiction and control of the Commissioner of Parks and Recreation, except for park strips or malls in a street the roadways of which are not within the Commissioner's jurisdiction and control.

Public parking garage (9/29/10)

A "public parking garage" is a building or other structure:

(a)        that provides parking or storage for motor vehicles, but not for commercial or public utility vehicles or the dead storage of motor vehicles; and

(b)        some or all of whose parking spaces are non-accessory.

Car sharing vehicles may occupy parking spaces in a public parking garage; however, the number of spaces so occupied shall not exceed 40 percent of all parking spaces in such garage. A public parking garage may include accessory off-street parking spaces limited to such spaces that are accessory to other uses on the same zoning lot.

Sale of motor fuel or motor oil or minor repairs incidental to the parking or storage of motor vehicles are permitted accessory uses.

Public parking lot (2/2/11)

A "public parking lot" is any open area on a zoning lot that is:

(a)        used for the parking or storage of motor vehicles, but not for commercial or public utility vehicles or the dead storage of motor vehicles; and

(b)        not accessory to a use on the same or another zoning lot.

Car sharing vehicles may occupy spaces in a public parking lot; however, the number of spaces so occupied shall not exceed 40 percent of all parking spaces in such parking lot. Minor repairs incidental to the parking or storage of motor vehicles are a permitted accessory use.

Public plaza — see Plaza, public

Publicly accessible open area (10/17/07)

A "publicly accessible open area" is an open area for public use on a zoning lot developed in accordance with the requirements of a plaza, residential plaza, urban plaza or public plaza.

Qualifying ground floor (3/22/16)

A "qualifying ground floor" shall refer to the ground floor of a development or enlargement of a Quality Housing building on a zoning lot, or portion thereof, where:

(a)        the level of the finished floor of the second story is 13 feet or more above the level of the adjoining sidewalk; and

(b)        for buildings in the following Districts that do not meet the criteria set forth in paragraph (a) of Section 23-664, such ground floor provides supplemental ground floor enhancements in accordance with paragraph (b)(2) of Section 23-662 or paragraph (b)(2) of Section 35-652, as applicable:

(1)        R6A, R6B, R7A, R7D, R7X, R8A, R8X, R9X or R10A Districts located outside the Manhattan Core; or

(2)        Commercial Districts mapped within, or with a residential equivalent of, R6A, R6B, R7A, R7D, R7X, R8A, R8X, R9X or R10A Districts located outside the Manhattan Core.

Quality Housing building (3/22/16)

 A "Quality Housing building" is a building, developed, enlarged, extended or converted, pursuant to the Quality Housing Program. The Quality Housing Program consists of specific bulk requirements set forth for Quality Housing buildings in Article II, Chapter 3 and Article III, Chapter 5. Where a building adheres to such bulk requirements, which, depending on the requirements for the zoning district, may be required or may be an option, additional standards and requirements, as set forth in Article II, Chapter 8, apply in conjunction with such bulk provisions for Quality Housing buildings.

Quality Housing building segment (2/2/11)

A "Quality Housing building segment" is a building segment, developed, enlarged, extended or converted pursuant to the Quality Housing Program.

Railroad or transit air space (2/22/90)

"Railroad or transit air space" is space directly over a railroad or transit right-of-way or yard, which right-of-way or yard was open, except for structures accommodating activities incidental to its use as a right-of-way or yard, and not otherwise covered over by any building or other structure on or after September 27, 1962.

Rear lot line — see Lot line, rear

Rear yard — see Yard, rear

Rear yard equivalent — see Yard equivalent, rear

Rear yard line — see Yard line, rear

Rear sky exposure plane — see Sky exposure plane, rear

Rear wall line

A "rear wall line" is that portion of a line drawn parallel to a front lot line at a distance equal to the greatest depth between the rear wall of a building and the front lot line, from which, when viewed directly from above, lines perpendicular to a street wall line may be drawn.

REAR WALL LINE

Rear wall line level

"Rear wall line level" is the mean level of the natural grade at the rear wall line.

Residence, or residential (3/22/16)

A "residence" is one or more dwelling units or rooming units, including common spaces such as hallways, lobbies, stairways, laundry facilities, recreation areas or storage areas. A residence may, for example, consist of one-family or two-family houses, multiple dwellings, boarding or rooming houses, or apartment hotels. However, residences do not include:

(a)        such transient accommodations as transient hotels, motels or tourist cabins, or trailer camps;

(b)        non-profit hospital staff dwellings; or

(c)        student dormitories, fraternity or sorority student houses, monasteries or convents, long-term care facilities, or other living or sleeping accommodations in community facility buildings or portions of buildings used for community facility uses.

"Residential" means pertaining to a residence.

Residence District (2/2/11)

A "Residence District" includes any district whose designation begins with the letter "R."

For example, an "R6" District includes any district whose designation begins with the symbol "R6."

Residential building (2/2/11)

A "residential building" is a building used only for a residential use.

Residential plaza — see Plaza, residential

Residential use (12/15/61)

A "residential use" is any use listed in Use Group 1 or 2.

Rooms (7/26/01)

"Rooms" shall consist of "living rooms," as defined in the Multiple Dwelling Law.

Rooming unit (7/26/01)

A "rooming unit" consists of any "living room," as defined in the Multiple Dwelling Law, in a residential building or a residential portion of a building, that is:

(a)        in a "class B multiple dwelling," a "rooming house," or a "furnished room house" as defined in the Multiple Dwelling Law; or

(b)        used "for class B occupancy," as defined in the Housing Maintenance Code; or

(c)        used for "single room occupancy," as defined in the Multiple Dwelling Law; or

(d)        occupied by a "boarder," "roomer" or "lodger," as defined in the Housing Maintenance Code, provided, however, that if not more than two such boarders, roomers or lodgers reside within a dwelling unit, the room or rooms occupied by such boarders, roomers or lodgers shall be counted as part of the dwelling unit and shall not be counted as rooming units; or

(e)        any other "living room" in a residential building or a residential portion of a building which is not a dwelling unit or part of a dwelling unit.

School (1/18/11)

A "school" is:

(a)        an institution providing full-time day instruction and a course of study that meets the requirements of Sections 3204, 3205 and 3210 of the New York State Education Law; or

(b)        a nursery school or kindergarten:

(1)        whose annual session does not exceed the school sessions for full-time day schools prescribed in Section 3204 of the New York State Education Law; and

(2)        which is operated by the Department of Education or any established religious organization as part of an elementary school; or

(c)        a child care service operating under a permit issued pursuant to Section 47.03 of the New York City Health Code.

Self-service storage facility (12/19/17)

A "self-service storage facility" is a moving or storage office, or a warehouse establishment, as listed in Use Group 16D, for the purpose of storing personal property, where:

(a)        such facility is partitioned into individual, securely subdivided space for lease; or

(b)        such facility consists of enclosed or unenclosed floor space which is subdivided by secured bins, boxes, containers, pods or other mobile or stationary storage devices; and

(c)        such floor space or storage devices are less than 300 square feet in area and are to be leased or rented to persons or businesses to access, store or remove property on a self-service basis.

Semi-detached (building) (2/2/11)

A "semi-detached" building is a building that abuts only one other building, other than an attached building, on an adjoining zoning lot along only one side lot line and which is surrounded on all other sides by yards, other open areas or street lines.

Shoreline (10/25/93)

The "shoreline" is the mean high water line, as determined in accordance with the procedure set forth by the National Oceanic and Atmospheric Administration of the U.S. Department of Commerce.

Show window (12/15/61)

A "show window" is a window or opening in the exterior wall of any portion of a building used for business purposes, through which merchandise, services or business are displayed or advertised. A window glazed with transparent glass in the business portion of a building, any part of which window is less than six feet above the sidewalk or the established sidewalk grade beneath the window, shall be a show window.

Side lot line — see Lot line, side

Side lot ribbon (6/30/89)

A "side lot ribbon" is that portion of the zoning lot that is contiguous to, and extends along the entire length of, a side lot line from the street line to an intersecting rear lot line, side lot line or other street line. Where a side lot ribbon is used for a common driveway serving two zoning lots, the side lot ribbon may occupy space on both sides of a side lot line.

Side yard — see Yard, side

Sidewalk cafe (2/2/11)

A "sidewalk cafe" is a portion of an eating or drinking place that is located on a public sidewalk and is either an enclosed, unenclosed or small sidewalk cafe. Sidewalk cafes are further defined in Section 20—223, subdivision (a), of the Administrative Code.

Sidewalk cafe, enclosed (1/29/03)

An "enclosed sidewalk cafe" is a sidewalk cafe that is contained within a structure constructed predominantly of light materials such as glass, slow-burning plastic or lightweight metal.

Sidewalk cafe, small (5/5/04)

A "small sidewalk cafe" is an unenclosed sidewalk cafe containing no more than a single row of tables and chairs adjacent to the street line where such tables and chairs occupy a space on the sidewalk no greater than 4 feet, 6 inches from the street line.

Sidewalk cafe, unenclosed (5/5/04)

An "unenclosed sidewalk cafe" is a space on the sidewalk that contains readily removable tables, chairs or railings with no overhead coverage other than umbrellas or a retractable awning that is affixed to the building wall and does not extend further than the width of the unenclosed sidewalk cafe.

Sign (4/8/98)

A "sign" is any writing (including letter, word or numeral), pictorial representation (including illustration or decoration), emblem (including device, symbol or trademark), flag, (including banner or pennant) or any other figure of similar character, that:

(a)        is a structure or any part thereof, or is attached to, painted on, or in any other manner represented on a building or other structure;

(b)        is used to announce, direct attention to or advertise; and

(c)        is visible from outside a building. A sign shall include writing, representation or other figures of similar character, within a building, only when illuminated and located in a window.

However, non-illuminated signs containing solely non-commercial copy with a total surface area not exceeding 12 square feet on any zoning lot, including memorial tablets or signs displayed for the direction or convenience of the public, shall not be subject to the provisions of this Resolution.

Sign, advertising (4/8/98)

An "advertising sign" is a sign that directs attention to a business, profession, commodity, service or entertainment conducted, sold, or offered elsewhere than upon the same zoning lot and is not accessory to a use located on the zoning lot.

Sign, flashing (4/8/98)

A "flashing sign" is any illuminated sign, whether stationary, revolving or rotating, that exhibits changing light or color effects, provided that revolving or rotating signs that exhibit no changing light or color effects other than those produced by revolution or rotation, shall be deemed flashing signs only if they exhibit sudden or marked changes in such light or color effects.

Illuminated signs that indicate the time, temperature, weather or other similar information shall not be considered flashing signs, provided that:

(a)        the total surface area of such sign is not greater than 16 square feet;

(b)        the vertical dimension of any letter or number is not greater than 24 inches; and

(c)        color or intensity of light is constant except for periodic changes in the information displayed, which occur not more frequently than once every minute.

Sign, illuminated (4/8/98)

An "illuminated sign" is a sign designed to give forth any artificial light or reflect such light from an artificial source.

Sign, surface area of — see Surface area (of a sign)

Sign with indirect illumination (4/8/98)

A "sign with indirect illumination" is any illuminated non-flashing sign whose illumination is derived entirely from an external artificial source and is so arranged that no direct rays of light are projected from such artificial source into residences or streets.

Single-family residence (2/2/11)

A "single-family residence" is a building containing only one dwelling unit, and occupied by only one family.

Sky exposure plane or front sky exposure plane (4/18/87)

A "sky exposure plane" or "front sky exposure plane" is an imaginary inclined plane:

(a)        beginning above the street line (or, where so indicated, above the front yard line) at a height set forth in the district regulations; and

(b)        rising over a zoning lot at a ratio of vertical distance to horizontal distance set forth in the district regulations.

Sky exposure plane, rear (4/18/65)

A "rear sky exposure plane" is an imaginary inclined plane:

(a)        beginning above a line at a distance from and parallel to the street line and at a height set forth in the district regulations; and

(b)        rising over a zoning lot at a ratio of vertical distance to horizontal distance set forth in the district regulations.

Special 125th Street District (2/2/11)

The "Special 125th Street District" is a Special Purpose District designated by the number "125" in which special regulations set forth in Article IX, Chapter 7, apply.

Special Battery Park City District (2/2/11)

The "Special Battery Park City District" is a Special Purpose District designated by the letters "BPC" in which special regulations set forth in Article VIII, Chapter 4, apply.

Special Bay Ridge District (2/2/11)

The "Special Bay Ridge District" is a Special Purpose District designated by the letters "BR" in which special regulations set forth in Article XI, Chapter 4, apply.

Special Bay Street Corridor District (6/26/19)

The "Special Bay Street Corridor District" is a Special Purpose District designated by the letters "BSC" in which special regulations set forth in Article XIII, Chapter 5, apply.

Special City Island District (2/2/11)

The "Special City Island District" is a Special Purpose District designated by the letters "CD" in which special regulations set forth in Article XI, Chapter 2, apply.

Special Clinton District (2/2/11)

The "Special Clinton District" is a Special Purpose District designated by the letters "CL" in which special regulations set forth in Article IX, Chapter 6, apply.

Special Coastal Risk District (6/21/17)

The "Special Coastal Risk District" is a Special Purpose District designated by the letters "CR" in which special regulations set forth in Article XIII, Chapter 7, apply.

Special College Point District (2/2/11)

The "Special College Point District" is a Special Purpose District designated by the letters "CP" in which special regulations set forth in Article XII, Chapter 6, apply.

Special Coney Island District (2/2/11)

The "Special Coney Island District" is a Special Purpose District designated by the letters "CI" in which special regulations set forth in Article XIII, Chapter 1, apply.

Special Coney Island Mixed Use District (1/9/75)

The "Special Coney Island Mixed Use District" is a Special Purpose District designated by the letters "CO" in which special regulations set forth in Article X, Chapter 6, apply.

Special Downtown Brooklyn District (2/2/11)

The "Special Downtown Brooklyn District" is a Special Purpose District designated by the letters "DB" in which special regulations set forth in Article X, Chapter 1, apply.

Special Downtown Far Rockaway District (9/9/17)

The "Special Downtown Far Rockaway District" is a Special Purpose District designated by the letters "DFR" in which special regulations set forth in Article XIII, Chapter 6, apply.

Special Downtown Jamaica District (2/2/11)

The "Special Downtown Jamaica District" is a Special Purpose District designated by the letters "DJ" in which special regulations set forth in Article XI, Chapter 5, apply.

Special East Harlem Corridors District (11/30/17)

The "Special East Harlem Corridors District" is a Special Purpose District designated by the letters "EHC" in which special regulations set forth in Article XIII, Chapter 8, apply.

Special Enhanced Commercial District (6/28/12)

The "Special Enhanced Commercial District" is a Special Purpose District designated by the letters "EC" in which special regulations set forth in Article XIII, Chapter 2, apply.

Special Forest Hills District (2/2/11)

The "Special Forest Hills District" is a Special Purpose District designated by the letters "FH" in which special regulations set forth in Article VIII, Chapter 6, apply.

Special Garment Center District (2/2/11)

The "Special Garment Center District" is a Special Purpose District designated by the letters "GC" in which special regulations set forth in Article XII, Chapter 1, apply.

Special Governors Island District (7/24/13)

The "Special Governors Island District" is a Special Purpose District designated by the letters "GI" in which the special regulations set forth in Article XIII, Chapter 4, apply.

Special Grand Concourse Preservation District (2/2/11)

The "Special Grand Concourse Preservation District" is a Special Purpose District designated by the letter "C" in which special regulations set forth in Article XII, Chapter 2, apply.

Special Harlem River Waterfront District (2/2/11)

The "Special Harlem River Waterfront District" is a Special Purpose District designated by the letters "HRW" in which special regulations set forth in Article VIII, Chapter 7, apply.

Special Hillsides Preservation District (2/2/11)

The "Special Hillsides Preservation District" is a Special Purpose District mapped in Staten Island designated by the letters "HS" in which special regulations set forth in Article XI, Chapter 9, apply.

Special Hudson River Park District (12/15/16)

The "Special Hudson River Park District" is a Special Purpose District designated by the letters "HRP" in which special regulations set forth in Article VIII, Chapter 9, apply.

Special Hudson Square District (3/20/13)

The "Special Hudson Square District" is a Special Purpose District designated by the letters "HSQ," in which special regulations set forth in Article VIII, Chapter 8, apply.

Special Hudson Yards District (2/2/11)

The "Special Hudson Yards District" is a Special Purpose District designated by the letters "HY" in which special regulations set forth in Article IX, Chapter 3, apply.

Special Hunts Point District (2/2/11)

The "Special Hunts Point District" is a Special Purpose District designated by the letters "HP" in which special regulations set forth in Article X, Chapter 8, apply.

Note: All zoning regulations pertaining to the Special Inwood District Rezoning, which amended the Zoning Resolution (N 180205A ZRM) and Zoning Map (C 180204A ZMM), and which have been in effect since 8/8/18, are no longer in effect as of 12/19/19 per court order. For the applicable zoning designations currently in effect, please see zoning maps 1b, 1d, 3a, and 3c.

Special Inwood District (8/8/18)

The "Special Inwood District" is a Special Purpose District designated by the letters "IN" in which special regulations set forth in Article XIV, Chapter 2, apply.

Special Jerome Corridor District (3/22/18)

The "Special Jerome Corridor District" is a Special Purpose District designated by the letter "J" in which special regulations set forth in Article XIV, Chapter 1, apply.

Special Limited Commercial District (2/2/11)

The "Special Limited Commercial District" is a Special Purpose District designated by the letters "LC" in which special regulations set forth in Article VIII, Chapter 3, apply.

Special Lincoln Square District (2/2/11)

The "Special Lincoln Square District" is a Special Purpose District designated by the letter "L" in which special regulations set forth in Article VIII, Chapter 2, apply.

Special Little Italy District (2/2/11)

The "Special Little Italy District" is a Special Purpose District designated by the letters "LI" in which special regulations set forth in Article X, Chapter 9, apply.

Special Long Island City Mixed Use District (2/2/11)

The "Special Long Island City Mixed Use District" is a Special Purpose District designated by the letters "LIC" in which special regulations set forth in Article XI, Chapter 7, apply.

Special Lower Manhattan District (2/2/11)

The "Special Lower Manhattan District" is a Special Purpose District designated by the letters "LM" in which special regulations set forth in Article IX, Chapter 1, apply.

Special Madison Avenue Preservation District (2/2/11)

The "Special Madison Avenue Preservation District" is a Special Purpose District designated by the letters "MP" in which special regulations set forth in Article IX, Chapter 9, apply.

Special Manhattanville Mixed Use District (2/2/11)

The "Special Manhattanville Mixed Use District" is a Special Purpose District designated by the letters "MMU" in which special regulations set forth in Article X, Chapter 4, apply.

Special Midtown District (2/2/11)

The "Special Midtown District" is a Special Purpose District designated by the letters "MiD" in which special regulations set forth in Article VIII, Chapter 1, apply.

Special Mixed Use District (12/10/97)

The "Special Mixed Use District" is a Special Purpose District designated by the letters "MX" in which special regulations set forth in Article XII, Chapter 3, apply. The Special Mixed Use District appears on the zoning maps superimposed on paired M1 and Residence Districts, and its regulations supplement or modify those of the M1 and Residence Districts. The Special Mixed Use District includes any district that begins with the letters "MX."

Special Natural Area District (2/2/11)

The "Special Natural Area District" is a Special Purpose District designated by the letters "NA" in which special regulations set forth in Article X, Chapter 5, apply. The Special Natural Area District includes any district whose designation begins with the letters "NA".

Special Ocean Parkway District (2/2/11)

The "Special Ocean Parkway District" is a Special Purpose District designated by the letters "OP" in which special regulations set forth in Article XI, Chapter 3, apply.

Special Park Improvement District (2/2/11)

The "Special Park Improvement District" is a Special Purpose District designated by the letters "PI" in which special regulations set forth in Article IX, Chapter 2, apply.

Special Planned Community Preservation District (2/2/11)

The "Special Planned Community Preservation District" is a Special Purpose District designated by the letters "PC" in which special regulations set forth in Article X, Chapter 3, apply.

Special Scenic View District (2/2/11)

The "Special Scenic View District" is a Special Purpose District designated by the letters "SV" in which the special regulations set forth in Article X, Chapter 2, apply.

Special Sheepshead Bay District (2/2/11)

The "Special Sheepshead Bay District" is a Special Purpose District designated by the letters "SB" in which special regulations set forth in Article IX, Chapter 4, apply.

Special South Richmond Development District (2/2/11)

The "Special South Richmond Development District" is a Special Purpose District designated by the letters "SR" in which special regulations set forth in Article X, Chapter 7, apply.

Special Southern Hunters Point District (2/2/11)

The "Special Southern Hunters Point District" is a Special Purpose District designated by the letters "SHP" in which special regulations set forth in Article XII, Chapter 5, apply.

Special Southern Roosevelt Island District (5/8/13)

The "Special Southern Roosevelt Island District" is a Special Purpose District designated by the letters "SRI" in which special regulations set forth in Article XIII, Chapter 3, apply.

Special St. George District (2/2/11)

The "Special St. George District" is a Special Purpose District designated by the letters "SG" in which special regulations set forth in Article XII, Chapter 8, apply.

Special Stapleton Waterfront District (2/2/11)

The "Special Stapleton Waterfront District" is a Special Purpose District designated by the letters "SW" in which special regulations set forth in Article XI, Chapter 6, apply.

Special Transit Land Use District (2/2/11)

A "Special Transit Land Use District" is a Special Purpose District designated by the letters "TA" in which special regulations set forth in Article IX, Chapter 5, apply.

Special Tribeca Mixed Use District (2/2/11)

The "Special Tribeca Mixed Use District" is a Special Purpose District designated by the letters "TMU" in which special regulations set forth in Article XI, Chapter 1, apply.

Special Union Square District (2/2/11)

The "Special Union Square District" is a Special Purpose District, designated by the letters "US" in which special regulations set forth in Article XI, Chapter 8, apply.

Special United Nations Development District (2/2/11)

The "Special United Nations Development District" is a Special Purpose District designated by the letter "U" in which special regulations set forth in Article VIII, Chapter 5, apply.

Special West Chelsea District (2/2/11)

The "Special West Chelsea District" is a Special Purpose District designated by the letters "WCh" in which special regulations set forth in Article IX, Chapter 8, apply.

Special Willets Point District (2/2/11)

The "Special Willets Point District" is a Special Purpose District designated by the letters "WP" in which special regulations set forth in Article XII, Chapter 4, apply.

Story (2/2/11)

A "story" is that part of a building between the surface of a floor (whether or not counted for purposes of computing floor area ratio) and the ceiling immediately above. However, a cellar shall not be considered a story. Furthermore, attic space that is not floor area pursuant to Section 12-10 (DEFINITIONS) shall not be considered a story.

Street (2/2/11)

A "street" is:

(a)        a way established on the City Map; or

(b)        a way designed or intended for general public use, connecting two ways established on the City Map, that:

(1)        performs the functions usually associated with a way established on the City Map;

(2)        is at least 50 feet in width throughout its entire length; and

(3)        is covenanted by its owner to remain open and unobstructed throughout the life of any building or use that depends thereon to satisfy any requirement of this Resolution; or

(c)        any other open area intended for general public use and providing a principal means of approach for vehicles or pedestrians from a way established on the City Map to a building or other structure, that:

(1)        performs the functions usually associated with a way established on the City Map;

(2)        is at least 50 feet in width throughout its entire length;

(3)        is approved by the City Planning Commission as a "street" to satisfy any requirement of this Resolution; and

(4)        is covenanted by its owner to remain open and unobstructed throughout the life of any building or use that depends thereon to satisfy any requirement of this Resolution; or

(d)        any other public way that on December 15, 1961, was performing the functions usually associated with a way established on the City Map; or

(e)        a covered pedestrian space that directly links two parallel or substantially parallel ways established on the City Map, for which a floor area bonus may be awarded or was awarded pursuant to a prior definition of such amenity, that may, by certification of the City Planning Commission, be deemed to be a street, provided the Commission finds that:

(1)        no portion of such space is located within 50 feet of the intersection of two ways established on the City Map;

(2)        such space is unobstructed for a minimum width of 15 feet and a minimum height of 15 feet, except for enclosures at the entrances;

(3)        such space is located at an elevation no more than five feet above or below curb level; and

(4)        the space functions as a street providing access to another street, shops and other uses, and that such access is graphically and visually evident to the pedestrian.

All provisions of this Resolution shall continue to be applicable to such space without being modified, varied or affected by the qualification of such space as a street.

The City Planning Commission may prescribe appropriate conditions and safeguards to achieve public utilization of the street.

For purposes of paragraphs (a), (b), (c) and (d) of this definition, a private road, or a driveway that serves only to give vehicular access to an accessory parking or loading facility, or to allow vehicles to take on or discharge passengers at the entrance to a building, shall not be considered a street.

Street line (10/25/73)

A "street line" is a lot line separating a street from other land.

A street setback line supersedes the street line in the application of yard, height and setback, and court regulations.

Street, narrow (12/15/61)

A "narrow street" is any street less than 75 feet wide.

Street setback line (9/19/85)

A "street setback line" is a line shown on the City Map in the Borough of Staten Island, or in Community District 10 in the Borough of Queens. A street setback line shall not be located within a mapped street area.

A street setback line supersedes the street line in the application of yard, height and setback, and court regulations.

No building or other structure shall be erected within the area between street setback lines fronting on the same street, or between a street setback line and the opposite mapped street line if no street setback line exists. Any existing building or other structure within this area may be continued, changed, extended or structurally altered but shall not be enlarged.

Street wall (12/15/61)

A "street wall" is a wall or portion of a wall of a building facing a street.

Street wall line (12/5/90)

A "street wall line" is that portion of a line drawn parallel to a front lot line at a distance equal to the shallowest depth between the street wall of a building and the front lot line, from which, when viewed directly from above, lines perpendicular to the front lot line may be drawn to a street wall.

STREET WALL LINE

Street wall line level (12/5/90)

"Street wall line level" is the mean level of the natural grade at the street wall line. On corner lots, street wall line level is the average of the mean levels of the natural grade of each street wall line. On through lots, street wall line level is determined separately for each street frontage to a distance midway between such streets.

Street, wide (12/19/11)

A "wide street" is any street 75 feet or more in width. In C5-3, C6-4 or C6-6 Districts, when a front lot line of a zoning lot adjoins a portion of a street whose average width is 75 feet or more and whose minimum width is 65 feet, such portion of a street may be considered a wide street; or when a front lot line adjoins a portion of a street 70 feet or more in width, which is between two portions of a street 75 feet or more in width, and which portion is less than 700 feet in length, such portion may be considered a wide street, and in that case, for the purposes of the height and setback regulations and the measurement of any publicly accessible open area or arcade, the street line shall be considered to be a continuous line connecting the respective street lines of the nearest portions of the street which are 75 feet or more in width.

In Community District 7 in the Borough of Manhattan, the roadways of Broadway between West 94th and West 97th Streets which are separated by mapped public park shall each be considered a wide street.

Surface area (of a sign) (4/8/98)

The "surface area" of a sign shall be the entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. In any event, the supports or uprights on which such sign is supported shall not be included in determining the surface area of a sign.

When two signs of the same shape and dimensions are mounted or displayed back-to-back and parallel on a single free-standing structural frame, only one of such signs shall be included in computing the total surface area of the two signs.

When a double-faced sign projects from the wall of a building, and its two sides are located not more than 28 inches apart at the widest point and not more than 18 inches apart at the narrowest point, and display identical writing or other representation, the surface area shall include only one of the sides. Any additional side of a multi-faced sign shall be considered as a separate sign for purposes of computing the total surface area of the sign.

Through block arcade (10/17/07)

A "through block arcade" is a continuous area within a building connecting one street with another street, publicly accessible open area or arcade adjacent to the street. This area may be enclosed in whole or in part and must have a minimum width of 20 feet and a minimum average height of 20 feet. Such a through block arcade shall, at either end, be at the same level as the street, publicly accessible open area or arcade that it adjoins.

Through lot — see Lot, through

Tourist cabin — see Motel or tourist cabin

Trailer (12/15/61)

A "trailer" is a vehicle standing on wheels or rigid supports that is used for living or sleeping purposes.

Trailer camp (2/2/11)

A "trailer camp" is a zoning lot or portion thereof used or designated for the use of two or more trailers.

Transit Zone (3/22/16)

The "Transit Zone" is the area within the boundaries shown in APPENDIX I of this Resolution where special parking provisions apply.

Transient hotel — see Hotel, transient

Two-family residence (2/2/11)

A "two-family residence" is a building containing not more than two dwelling units, and occupied by only two families.

Unenclosed sidewalk cafe — see Sidewalk cafe, unenclosed

Urban plaza — see Plaza, urban

Use (2/2/11)

A "use" is:

(a)        any purpose for which a building or other structure or an open tract of land may be designed, arranged, intended, maintained or occupied; or

(b)        any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on an open tract of land.

Waterfront area (4/22/09)

The "waterfront area" is the geographical area comprising all blocks between the pierhead line and a line 800 feet landward from the shoreline. Where such line intersects a block, the entire block shall be included and the waterfront area boundary shall coincide with the centerline of the landward boundary street or other block boundary. Notwithstanding the above, any zoning lot, the boundaries of which were established prior to November 1, 1993, and which is not closer than 1,200 feet from the shoreline at any point and which does not abut a waterfront public park, shall not be included in the waterfront area.

For the purposes of this definition, only blocks along waterways that have a minimum width of 100 feet between opposite shorelines, with no portion downstream less than 100 feet in width, shall be included within the waterfront area. However, blocks bounding the Gowanus Canal north of Hamilton Avenue, as shown on the City Map, Dutch Kills and the portion of the Bronx River located south of the prolongation of East 172nd Street, shall be included within the waterfront area.

WATERFRONT AREA

NARROW WATERWAY EXCLUSION

Wide street—see Street, wide

Width of outer court — see Court, width of outer

Yard (9/19/73)

A "yard" is that portion of a zoning lot extending open and unobstructed from the lowest level to the sky along the entire length of a lot line, and from the lot line for a depth or width set forth in the applicable district yard regulations.

Where a street setback line is shown on the City Map the yard extends along the entire length of the street setback line, and from the street setback line for a depth or width set forth in the applicable district yard regulations.

Yard equivalent, rear (12/15/61)

A "rear yard equivalent" is an open area which may be required on a through lot as an alternative to a required rear yard.

Yard, front (12/15/61)

A "front yard" is a yard extending along the full length of a front lot line.

In the case of a corner lot, any yard extending along the full length of a street line shall be considered a front yard.

Yard line, front (12/15/61)

A "front yard line" is a line drawn parallel to a front lot line at a distance therefrom equal to the depth of a required front yard.

Yard line, front, level (of) (12/15/61)

The "front yard line level" is the mean level of that portion of the front yard line from which, when viewed directly from above, lines perpendicular to the front yard line may be drawn to a street wall. On corner lots, the front yard line level is the mean of the front yard line levels.

FRONT YARD LINE LEVEL

Yard line, rear (12/15/61)

A "rear yard line" is a line drawn parallel to a rear lot line at a distance therefrom equal to the depth of a required rear yard.

Yard, rear (12/15/61)

A "rear yard" is a yard extending for the full length of a rear lot line.

Yard, side (12/15/61)

A "side yard" is a yard extending along a side lot line from the required front yard (or from the front lot line if no front yard is required) to the required rear yard (or to the rear lot line, if no rear yard is required). In the case of a corner lot, any yard which is not a front yard shall be considered a side yard.

Zero lot line building (2/2/11)

A "zero lot line building" is a building that abuts only one side lot line and does not abut another building on the same or an adjoining zoning lot and which is surrounded on all sides but one by yards, other open area or street lines on the zoning lot. However, accessory buildings permitted pursuant to Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) may be permitted to abut a zero lot line building on an adjoining zoning lot.

Zoning lot (2/2/11)

A "zoning lot" is either:

(a)        a lot of record existing on December 15, 1961, or any applicable subsequent amendment thereto;

(b)        a tract of land, either unsubdivided or consisting of two or more contiguous lots of record, located within a single block, which, on December 15, 1961, or any applicable subsequent amendment thereto, was in single ownership;

(c)        a tract of land, either unsubdivided or consisting of two or more lots of record contiguous for a minimum of 10 linear feet, located within a single block, which at the time of filing for a building permit (or, if no building permit is required, at the time of the filing for a certificate of occupancy) is under single fee ownership and with respect to which each party having any interest therein is a party in interest (as defined herein); or

(d)        a tract of land, either unsubdivided or consisting of two or more lots of record contiguous for a minimum of 10 linear feet, located within a single block, which at the time of filing for a building permit (or, if no building permit is required, at the time of filing for a certificate of occupancy) is declared to be a tract of land to be treated as one zoning lot for the purpose of this Resolution. Such declaration shall be made in one written Declaration of Restrictions covering all of such tract of land or in separate written Declarations of Restrictions covering parts of such tract of land and which in the aggregate cover the entire tract of land comprising the zoning lot. Any Declaration of Restrictions or Declarations of Restrictions which individually or collectively cover a tract of land are referred to herein as "Declarations." Each Declaration shall be executed by each party in interest (as defined herein) in the portion of such tract of land covered by such Declaration (excepting any such party as shall have waived its right to execute such Declaration in a written instrument executed by such party in recordable form and recorded at or prior to the recording of the Declaration). Each Declaration and waiver of right to execute a Declaration shall be recorded in the Conveyances Section of the Office of the City Register or, if applicable, the County Clerk's Office of the county in which such tract of land is located, against each lot of record constituting a portion of the land covered by such Declaration.

A zoning lot, therefore, may or may not coincide with a lot as shown on the official tax map of the City of New York, or on any recorded subdivision plat or deed.

Parcels within City-owned tracts of land located in Broad Channel within the boundaries of Community Board 14 in the Borough of Queens that were numerically identified for leasing purposes on maps filed in the Office of Borough President prior to December 15, 1961, may be considered as individual lots of record as of September 10, 1981.

(e)        For purposes of the provisions of paragraph (c) hereof:

(1)        prior to issuing a building permit or a certificate of occupancy, as the case may be, the Department of Buildings shall be furnished with a certificate issued to the applicant therefor by a title insurance company licensed to do business in the State of New York showing that each party having any interest in the subject tract of land is a party in interest (as defined herein); except that where the City of New York is a fee owner, such certificate may be issued by the New York City Law Department; and

(2)        a "party in interest" in the tract of land shall include only (W) the fee owner thereof, (X) the holder of any enforceable recorded interest superior to that of the fee owner and which could result in such holder obtaining possession of all or substantially all of such tract of land, (Y) the holder of any enforceable recorded interest in all or substantially all of such tract of land which would be adversely affected by the development thereof and (Z) the holder of any unrecorded interest in all or substantially all of such tract of land which would be superior to and adversely affected by the development thereof and which would be disclosed by a physical inspection of the tract of land.

(f)        For purposes of the provisions of paragraph (d) hereof:

(1)        prior to issuing a building permit or a certificate of occupancy, as the case may be, the Department of Buildings shall be furnished with a certificate issued to the applicant therefor by a title insurance company licensed to do business in the State of New York showing that each party in interest (excepting those parties waiving their respective rights to join therein, as set forth in this definition) has executed the Declaration and that the same, as well as each such waiver, have been duly recorded; except that where the City of New York is a fee owner, such certificate may be issued by the New York City Law Department;

(2)        the Buildings Department, in issuing a building permit for construction of a building or other structure on the zoning lot declared pursuant to paragraph (d) above or, if no building permit is required, in issuing a certificate of occupancy for such building or other structure, shall accept an application for same from and, if all conditions for issuance of same are fulfilled, shall issue same to any party to the Declaration;

(3)        by their execution and recording of a Declaration, the parties to the Declaration, and all parties who have waived their respective rights to execute such Declaration, shall be deemed to have agreed that no breach by any party to the Declaration, or any agreement ancillary thereto, shall have any effect on the treatment of the tract of land covered by the Declaration as one zoning lot for purposes of this Resolution and such tract of land shall be treated as one zoning lot unless such zoning lot is subdivided in accordance with the provisions of this Resolution; and

(4)        a "party in interest" in the portion of the tract of land covered by a Declaration shall include only (W) the fee owner or owners thereof, (X) the holder of any enforceable recorded interest in all or part thereof which would be superior to the Declaration and which could result in such holder obtaining possession of any portion of such tract of land, (Y) the holder of any enforceable recorded interest in all or part thereof which would be adversely affected by the Declaration, and (Z) the holder of any unrecorded interest in all or part thereof which would be superior to and adversely affected by the Declaration and which would be disclosed by a physical inspection of the portion of the tract of land covered by the Declaration.

A zoning lot may be subdivided into two or more zoning lots, provided that all resulting zoning lots and all buildings thereon shall comply with all of the applicable provisions of this Resolution. If such zoning lot, however, is occupied by a non-complying building, such zoning lot may be subdivided provided such subdivision does not create a new non-compliance or increase the degree of non-compliance of such building.

Where ownership of a zoning lot or portion thereof was effected prior to the effective date of this amendment, as evidenced by an attorney's affidavit, any development, enlargement or alteration on such zoning lot may be based upon such prior effected ownership as then defined in the zoning lot definition of Section 12-10. Such prior leasehold agreements shall be duly recorded prior to August 1, 1978.

Prior to the issuance of any permit for a development or enlargement pursuant to this Resolution a complete metes and bounds of the zoning lot, the tax lot number, the block number and the ownership of the zoning lot as set forth in paragraphs (a), (b), (c) and (d) herein shall be recorded by the applicant in the Conveyances Section of the Office of the City Register (or, if applicable, the County Clerk's Office) of the county in which the said zoning lot is located. The zoning lot definition in effect prior to the effective date of this amendment shall continue to apply to Board of Standards and Appeals approvals in effect at the effective date hereof.

Zoning maps (12/15/61)

"Zoning maps" are the maps incorporated into the provisions of this Resolution in accordance with the provisions of Section 11-14 (Incorporation of Maps).

The provisions of this Chapter establish comprehensive regulations for off-street parking in the Manhattan Core, as defined in Section 12-10.

These regulations reflect best practices to address sustainability goals, while accommodating the parking needs of residents and businesses in a balanced manner.

Except as modified by the express provisions of this Chapter, the regulations of the underlying zoning districts or special purpose districts shall remain in effect.

Access zone

For the purposes of this Chapter, an "access zone" shall refer to the portion of an accessory off-street parking facility, public parking garage or an automobile rental establishment, occupied by:

(a)        vehicular ramps between parking levels, or between a parking level and a vehicular entrance or exit, provided that such ramps are not used as parking spaces or associated maneuvering space;

(b)        vehicular elevators;

(c)        required reservoir spaces;

(d)        portions of required accessible pedestrian egress routes, including any associated ramps or elevators; or

(e)        bicycle parking spaces.

Automated parking facility

For the purposes of this Chapter, an "automated parking facility" shall refer to an accessory off-street parking facility or public parking garage where vehicular storage and retrieval within such facility is accomplished entirely through a mechanical conveyance system. A parking facility with parking lift systems that require an attendant to maneuver a vehicle that is to be parked shall not be considered an automated parking facility.

Parking zone

For the purposes of this Chapter, a "parking zone" shall refer to the portion of an accessory off-street parking facility, public parking garage or an automobile rental establishment, occupied by permitted off-street parking spaces and associated maneuvering space, and any other portion of such parking facility not included in the access zone. In attended parking facilities with parking lift systems, the parking zone shall also include the lifted tray a vehicle is stored upon.

Maps are located in Section 13-141 of this Chapter for the purpose of specifying areas where special regulations and requirements set forth in this Chapter apply.

Map 1 — Area where public parking lots are not permitted in the midtown Manhattan Core

Map 2 — Area where public parking lots are not permitted in the downtown Manhattan Core

The provisions of this Chapter shall apply to accessory off-street parking facilities, public parking lots, public parking garages and automobile rental establishments, as listed in Use Group 8, in the Manhattan Core, as follows:

(a)        for accessory off-street parking facilities, public parking garages and public parking lots constructed prior to May 8, 2013, the number of parking spaces required or permitted shall be as set forth in Section 13-07 (Existing Buildings and Off-street Parking Facilities);

(b)        for accessory off-street parking facilities, automobile rental establishments and public parking lots developed or enlarged after May 8, 2013, the as-of-right number of parking spaces permitted in a parking facility shall be as set forth in Section 13-10 (PERMITTED OFF-STREET PARKING IN THE MANHATTAN CORE). Special rules shall apply to all such accessory off-street parking spaces, automobile rental establishments and public parking lots, as set forth in Section 13-20 (SPECIAL RULES FOR MANHATTAN CORE PARKING FACILITIES);

(c)        any increase in the number of off-street parking spaces in an accessory off-street parking facility or public parking lot resulting in a capacity not otherwise allowed under the applicable regulations of Section 13-10; or a new public parking lot in a location not permitted by Section 13-14 (Permitted Parking in Public Parking Lots), shall be permitted only by the City Planning Commission, pursuant to the applicable special permit in Section 13-45 (Special Permits for Additional Parking Spaces);

(d)        public parking garages developed or enlarged after May 8, 2013, shall not be permitted as-of-right. Any development or enlargement of such public parking garages shall only be permitted in C1-5, C1-6, C1-7, C1-8, C1-9, C2, C4, C5, C6, C8, M1, M2 or M3 Districts by the City Planning Commission, pursuant to the applicable special permit in Section 13-45. Commercial vehicles may occupy spaces in permitted public parking garages in accordance with the provisions of Section 13-16 (Permitted Parking for Car Sharing Vehicles and Commercial Vehicles).

The following special permits shall not be applicable within the Manhattan Core:

Section 73-48 (Exceptions to Maximum Size of Accessory Group Parking Facilities);

Section 74-512 (In other Districts);

Section 74-52 (Parking Garages or Public Parking Lots in High Density Central Areas), except as set forth in Section 13-06 (Previously Filed or Approved Special Permits or Authorizations); and

Section 74-53 (Accessory Group Parking Facilities for Uses in Large-Scale Residential Developments or Large-Scale Community Facility Developments or Large-Scale General Developments), inclusive.

The provisions of Section 13-30 (OFF-STREET LOADING REGULATIONS IN THE MANHATTAN CORE), inclusive, shall apply to all accessory off-street loading berths provided as part of developments, enlargements, extensions or changes of use within the Manhattan Core after May 8, 2013.

The provisions of this Chapter shall not apply to Roosevelt Island, in Community District 8, or to Governors Island, in Community District 1, in the Borough of Manhattan. In the Hudson Yards parking regulations applicability area, as defined in Section 93-81, the provisions of this Chapter shall apply as specified in Section 93-80 (OFF-STREET PARKING REGULATIONS).

Additional modifications to the provisions of this Chapter are found in the following Special Purpose Districts:

(a)        the Special Midtown District, as set forth in Section 81-30 (OFF-STREET PARKING AND OFF-STREET LOADING REGULATIONS), inclusive, Section 81-44 (Curb Cut Restrictions) and paragraph (c) of Section 81-84 (Mandatory Regulations and Prohibitions);

(b)        the Special Lincoln Square District, as set forth in Section 82-50 (OFF-STREET PARKING AND OFF-STREET LOADING REGULATIONS);

(c)        the Special Battery Park City District, as set forth in Section 84-14 (Parking Regulations and Curb Cuts), inclusive;

(d)        the Special United Nations Development District, as set forth in Section 85-03 (Modifications of Use Regulations);

(e)        the Special Lower Manhattan District, as set forth in Section 91-50 (OFF-STREET PARKING, LOADING AND CURB CUT REGULATIONS), inclusive;

(f)        the Special Park Improvement District, as set forth in Section 92-05 (Maximum Number of Accessory Off-street Parking Spaces);

(g)        the Special Transit Land Use District, as set forth in Section 95-09 (Special Regulations for Accessory Off-street Parking and Curb Cuts);

(h)        the Special Clinton District, as set forth in Section 96-111 (Off-street parking regulations);

(i)        the Special Madison Avenue Preservation District, as set forth in Section 99-06 (Off-street Parking Regulations);

(j)        the Special Little Italy District, as set forth in Sections 109-16 (Parking Regulations), 109-351 (Parking regulations), 109-352 (Curb cut regulations) and 109-521 (Modification of accessory off-street parking facilities); and

(k)        the Special Hudson River Park District, as set forth in Section 89-21 (Transfer of Floor Area From Hudson River Park).

If, before May 8, 2013, an application for an authorization or special permit relating to parking regulations in the Manhattan Core has been certified or referred by the City Planning Commission or has been filed with the Board of Standards and Appeals, such application may continue pursuant to the regulations in effect at the time such authorization or special permit was certified or referred by the Commission or filed with the Board. Such authorizations or special permits, if granted by the Commission or Board, may be started or continued, in accordance with the terms thereof, or as such terms may be subsequently modified, pursuant to the regulations in effect at the time such authorization or special permits were certified or referred by the Commission or filed with the Board.

Any authorization or special permit relating to parking regulations in the Manhattan Core granted by the Commission or Board prior to May 8, 2013, may be started or continued, in accordance with the terms thereof, or as such terms may be subsequently modified, pursuant to the regulations in effect at the time such authorization or special permit was granted.

All such authorizations or special permits shall be subject to the provisions of Sections 11-42 (Lapse of Authorization or Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution) and 11-43 (Renewal of Authorization or Special Permit).

Notwithstanding the foregoing, any subsequent modifications to such authorizations or special permits that involve an increase in the number of off-street parking spaces provided, shall be only as permitted by the applicable special permit provisions of Section 13-45 (Special Permits for Additional Parking Spaces).

The provisions of this Section shall apply to existing required or permitted accessory off-street parking spaces, public parking lots and public parking garages, established prior to May 8, 2013, in the Manhattan Core, as applicable, and to existing buildings developed without the provision of parking.

(a)        Existing parking facilities

Existing required or permitted accessory off-street parking spaces, public parking lots and public parking garages, established prior to May 8, 2013, shall continue to be subject to the applicable zoning district regulations in effect prior to May 8, 2013, except that:

(1)        any reduction or elimination of existing accessory off-street parking spaces that were required under the applicable provisions in effect prior to April 29, 1982, or for public or publicly assisted housing under the applicable provisions in effect prior to May 8, 2013, shall only be allowed by authorization of the City Planning Commission pursuant to Section 13-443 (Reduction in the number of required existing parking spaces);

(2)        enlargements, extensions or any increase in the number of off-street parking spaces within such off-street parking facilities shall only be permitted by special permit by the Commission pursuant to the applicable provisions of Section 13-45 (Special Permits for Additional Parking Spaces);

(3)        conversions shall be permitted to retain all spaces in existing parking facilities. Additional accessory off-street parking spaces shall only be permitted by special permit by the Commission, pursuant to the applicable special permit provisions of Section 13-45; and

(4)        an accessory off-street parking facility in possession of a license issued by the Department of Consumer Affairs, pursuant to Section 20-321 of the New York City Administrative Code, to maintain, operate or conduct a garage or parking lot (as defined therein) prior to January 1, 2012, may make accessory parking spaces available for public use in accordance with the provisions of Section 13-21 (Public Use and Off-site Parking), provided that a copy of such license is filed with the Department of Buildings. However, any increase in the number of spaces in such a facility shall only be permitted by special permit by the Commission, pursuant to the applicable provisions of Section 13-45.

(b)        Existing buildings developed without parking

Within the Manhattan Core, existing buildings developed without the provision of parking may add up to 15 accessory off-street parking spaces only where the City Planning Commission authorizes such additional spaces pursuant to the provisions of Section 13-442 (Limited increase in parking spaces for existing buildings without parking).

No parking shall be required within the Manhattan Core. As-of-right off-street parking spaces located within accessory off-street parking facilities, automobile rental establishments and public parking lots in the Manhattan Core shall be permitted only as set forth in this Section, inclusive.

For the purposes of this Resolution, with regard to automated parking facilities, the term "tray" shall refer to the structural support for vehicle storage in both pallet and non-pallet vehicle storage systems.

For the purpose of calculating parking spaces in automated parking facilities, each tray upon which a vehicle is stored shall constitute one off-street parking space. However, auxiliary parking trays may be exempted from constituting a parking space where the Commissioner of Buildings determines that such auxiliary parking trays are necessary to store and retrieve vehicles for the efficient operation of such automated parking facility.

Accessory off-street parking spaces are permitted for residences in developments or enlargements, as follows:

(a)        for Community Districts 1, 2, 3, 4, 5, and 6, accessory off-street parking spaces may be provided for not more than 20 percent of the total number of new dwelling units contained in the development or enlargement, or 200 spaces, whichever is less;

(b)        for Community Districts 7 and 8, accessory off-street parking spaces may be provided for not more than 35 percent of the total number of new dwelling units contained in the development or enlargement, or 200 spaces, whichever is less.

Accessory off-street parking spaces are permitted for non-residential uses in developments or enlargements, as follows:

(a)        Transient hotels

For transient hotel developments or enlargements, a maximum of 225 accessory off-street parking spaces shall be permitted. In no event may the number of parking spaces exceed 15 percent of the number of new transient hotel rooms;

(b)        Hospitals

For hospital developments or enlargements, a maximum of 100 accessory off-street parking spaces are permitted;

(c)        Retail uses

For developments or enlargements comprising commercial uses listed in Use Groups 6A, 6C or 10A, the maximum number of accessory off-street parking spaces permitted shall not exceed one space per 4,000 square feet of floor area, or 10 spaces, whichever is less;

(d)        Other commercial, community facility and manufacturing uses

For developments or enlargements comprising community facility uses other than hospitals, commercial uses other than those listed in paragraphs (a) and (c) of this Section, or manufacturing uses, the maximum number of accessory off-street parking spaces permitted shall not exceed one space per 4,000 square feet of such community facility, commercial or manufacturing floor area or 100 spaces, whichever is less.

Where a development or enlargement contains a combination of uses for which parking regulations are set forth in Sections 13-11 (Permitted Parking for Residences) and 13-12 (Permitted Parking for Non-Residential Uses), the number of accessory off-street parking spaces for all such uses shall not exceed the number of spaces permitted for each use in accordance with the provisions of such Sections. However, in no event shall the maximum number exceed 225 accessory off-street parking spaces.

Public parking lots, with a maximum capacity of 150 spaces, are permitted in C2, C4, C6, C8, M1-5, M1-6, M2 and M3 Districts, except that:

(a)        no public parking lots shall be permitted within:

(1)        the area shown on Map 1 (Area where public parking lots are not permitted in the midtown Manhattan Core) in Section 13-141;

(2)        the area designated on Map 2 (Area where public parking lots are not permitted in the downtown Manhattan Core) in Section 13-141; and

(3)        the Preservation Area of the Special Clinton District, as shown on the map in Appendix A of Article IX, Chapter 6; and

(b)        for M1-5 or M1-6 Districts, public parking lots shall only be permitted in the following locations:

(1)        north of 42nd Street and west of 10th Avenue;

(2)        west of Ninth Avenue between 17th Street and 30th Street; and

(3)        south of Canal Street.

In such districts, the City Planning Commission may permit a public parking lot in a location not allowed by this Section pursuant to the applicable special permit in Section 13-45 (Special Permits for Additional Parking Spaces). Any such proposed public parking lots located in the Preservation Area of the Special Clinton District shall also be subject to the additional findings set forth in Section 96-111 (Off-street parking regulations).

Public parking lots shall not be permitted in the areas shown on the following maps, except where permitted by Section 13-45 (Special Permits for Additional Parking Spaces).

Map 1 — Area where public parking lots are not permitted in the midtown Manhattan Core

Map 2 — Area where public parking lots are not permitted in the downtown Manhattan Core

Automobile rental establishments, as listed in Use Group 8, are permitted, provided that:

(a)        in C2 Districts, the number of automobiles that may be stored in such establishments shall not exceed 150 spaces;

(b)        in C4, C6 and C8 Districts, the number of automobiles that may be stored in such establishments shall not exceed 225 spaces; and

(c)        in M1, M2 and M3 Districts, the number of automobiles that may be stored in such establishments shall not exceed 300 spaces.

Car sharing vehicles and commercial vehicle parking for motor vehicles not exceeding a length of 20 feet shall be permitted within accessory off-street parking facilities, public parking garages and public parking lots, as follows:

(a)        Accessory off-street parking facilities

Car sharing vehicles may occupy parking spaces in an accessory off-street parking facility, provided that such car sharing vehicles shall not exceed 20 percent of all parking spaces in such facility, or five spaces, whichever is greater;

(b)        Public parking garages and public parking lots

(1)        In C1-5, C1-6, C1-7, C1-8, C1-9, C2 and C4 Districts, vehicles stored by automobile rental establishments and car sharing vehicles shall be permitted, provided such vehicles do not exceed, in total, 40 percent of the total number of parking spaces permitted within the public parking garage or public parking lot;

(2)        In C5, C6, C8, M1, M2 and M3 Districts, vehicles stored by automobile rental establishments and car sharing vehicles shall be permitted, provided such vehicles do not exceed, in total, 40 percent of the total number of parking spaces permitted within the public parking garage or public parking lot. In addition, commercial vehicle parking for motor vehicles not exceeding a length of 20 feet shall be permitted, provided that the total amount of parking spaces occupied by commercial vehicles, including any car sharing vehicles and automobile rental establishment vehicles, shall not exceed, in total, 50 percent of the total number of parking spaces permitted within the public parking garage or public parking lot.

All accessory off-street parking facilities, automobile rental establishments, and public parking lots developed, enlarged or extended in the Manhattan Core after May 8, 2013, shall comply with the applicable provisions of this Section, inclusive.

All accessory off-street parking spaces may be made available for public use. However, any such space shall be made available to the occupant of a residence to which it is accessory within 30 days after written request therefor is made to the landlord.

No accessory off-street parking spaces shall be located on a zoning lot other than the same zoning lot as the use to which they are accessory.

(a)        Screening

In addition to the screening provisions of paragraph (a)(1) of Section 13-221 (Enclosure and screening requirements), the ground floor use provisions of the following Sections shall apply:

(1)        Sections 32-431 (Ground floor use in C1-8A, C1-9A, C2-7A, C2-8A, C4-6A and C4-7A Districts) and 32-432 (Ground floor use in Community Board 7, Borough of Manhattan);

(2)        Section 32-435 (Ground floor use in high density Commercial Districts) ;

(3)        Sections 81-42 (Retail Continuity Along Designated Streets) and 81-531 (Special retail frontage requirements) in the Special Midtown District ;

(4)        Section 82-21 (Restrictions on Street Level Uses) in the Special Lincoln Square District ;

(5)        Section 91-12 (Uses on Designated Retail Streets) and the applicable Sections of 91-41 (Regulations for Designated Retail Streets), inclusive, in the Special Lower Manhattan District ;

(6)        Section 95-08 (Special Use Regulations), inclusive, in the Special Transit Land Use District ;

(7)        Section 96-21 (Special Regulations for 42nd Street Perimeter Area), paragraph (c), in the Special Clinton District ;

(8)        Section 98-14 (Ground Floor Use and Transparency Requirements on Tenth Avenue) in the Special West Chelsea District ;

(9)        Section 99-03 (Special Use Regulations), inclusive, in the Special Madison Avenue Preservation District ;

(10)        Sections 109-11 (Special Use Regulations), inclusive, and 109-21 (Use Regulations), inclusive in the Special Little Italy District ; and

(11)        Section 132-20 (SPECIAL USE REGULATIONS), inclusive, in the Special Enhanced Commercial District.

(b)        Transparency

The transparency provisions of paragraph (a)(2) of Section 13-221 shall not apply to portions of ground floor level street walls that are subject to the following Sections:

(1)        Section 32-435 (Ground floor use in high density Commercial Districts);

(2)        Section 81-42 (Retail Continuity Along Designated Streets) in the Special Midtown District ;

(3)        Section 82-23 (Street Wall Transparency) in the Special Lincoln Square District ;

(4)        Section 91-412 (Access and glazing of required retail space) in the Special Lower Manhattan District ;

(5)        Section 96-21 (Special Regulations for 42nd Street Perimeter Area), paragraph (c), in the Special Clinton District ;

(6)        Section 98-14 (Ground Floor Use and Transparency Requirements on Tenth Avenue) in the Special West Chelsea District ; and

(7)        Section 132-30 (SPECIAL TRANSPARENCY REGULATIONS AND STREET WALL LOCATION), inclusive, in the Special Enhanced Commercial District.

(a)        Accessory off-street parking facilities

All accessory off-street parking spaces shall be located within a completely enclosed building, with the exception of parking spaces accessory to a hospital, as listed in Use Group 4, and as provided in Section 13-45 (Special Permits for Additional Parking Spaces). In addition, such parking facilities shall comply with the following provisions:

(1)        Screening

Any portion of an accessory off-street parking facility that is located above curb level shall comply with the applicable parking wrap and screening provisions set forth in Section 37-35.

(2)        Transparency

Portions of ground floor commercial and community facility uses screening the parking facility in accordance with the provisions of paragraph (a) of Section 37-35 shall be glazed with transparent materials in accordance with Section 37-34.

However, for buildings where the base flood elevation is higher than the level of the adjoining sidewalk, all such transparency requirements shall be measured from the level of the flood-resistant construction elevation, as defined in Section 64-11, instead of from the level of the adjoining sidewalk.

For zoning lots with multiple street wall frontages, the transparency provisions of this paragraph, (a)(2), need not apply to street walls that are located entirely beyond 100 feet of any portion of the accessory parking facility, as measured in plan view, perpendicular to such parking facility.

(b)        Automobile rental establishments

All off-street parking within an automobile rental establishment shall be located within a completely enclosed building and shall comply with the screening provisions of paragraph (a) of this Section. Accessory office space and customer waiting areas associated with such establishments shall constitute commercial floor area for the purposes of such screening requirement.

(c)        Public parking lots and certain permitted accessory parking lots

Public parking lots and open parking spaces accessory to a hospital shall provide screening in accordance with the provisions of 37-921 (Perimeter landscaping).

The definition of floor area in Section 12-10 shall be modified for purposes of this Chapter, as follows:

(a)        Attended parking facilities with parking lift systems

For portions of an attended parking facility with parking lift systems, individual lifted trays upon which a vehicle is stored which, in operation, rise to a height in excess of 23 feet, as measured above curb level, shall be considered floor area in an amount of 153 square feet, or the size of such lifted tray, whichever is greater.

(b)        Automated parking facilities

Floor space used for off-street parking spaces in an accessory automated parking facility up to a height of 40 feet above curb level shall be exempt from the definition of floor area upon certification of the Chairperson of the City Planning Commission, pursuant to the provisions of Section 13-432 (Floor area exemption for automated parking facilities).

For portions of an automated parking facility, each tray upon which a vehicle is stored at a height in excess of 40 feet in parking facilities certified pursuant to Section 13-432, or 23 feet in all other automated parking facilities, shall be considered floor area in an amount of 153 square feet, or the size of such lifted tray, whichever is greater.

In addition to the provisions of this Section, inclusive, additional restrictions on curb cuts in the Manhattan Core are found in the following Special Purpose Districts:

(a)        the Special Midtown District, as set forth in Sections 81-44 (Curb Cut Restrictions) and 81-624 (Curb cut restrictions and loading berth requirements);

(b)        the Special Lincoln Square District, as set forth in paragraph (b) of Section 82-50 (OFF-STREET PARKING AND OFF-STREET LOADING REGULATIONS);

(c)        the Special Battery Park City District, as set forth in Sections 84-144 (Location of curb cuts) and 84-343 (Curb cuts);

(d)        the Special Lower Manhattan District, as set forth in Section 91-52 (Curb Cut Regulations);

(e)        the Special Park Improvement District, as set forth in Section 92-05 (Maximum Number of Accessory Off-street Parking Spaces);

(f)        the Special Transit Land Use District, as set forth in Section 95-09 (Special Regulations for Accessory Off-street Parking and Curb Cuts);

(g)        the Special Clinton District, as set forth in paragraph (f) of Section 96-21 (Special Regulations for 42nd Street Perimeter Area);

(h)        the Special Madison Avenue Preservation District, as set forth in Section 99-06 (Off-street Parking Regulations); and

(i)        the Special Little Italy District, as set forth in Section 109-351 (Curb cut regulations).

For accessory off-street parking facilities, automobile rental establishments and public parking lots, curb cuts are required for entry and exit to such parking facilities. Such curb cuts:

(a)        shall not be permitted within 50 feet of the intersection of any two street lines, except where the Commissioner of Buildings certifies that such location:

(1)        is not hazardous to traffic safety;

(2)        is not likely to create traffic congestion; and

(3)        will not unduly inhibit surface traffic or pedestrian flow.

The Commissioner of Buildings may refer such matter to the Department of Transportation, or its successor, for a report;

(b)        shall not be located within two and one-half feet of any side lot line of the zoning lot, or prolongation thereof;

(c)        for accessory off-street parking facilities and automobile rental establishments, shall not be located on a wide street, except where authorized pursuant to Section 13-441 (Curb cuts); and

(d)        for public parking lots, shall not be permitted on the following wide streets, except where authorized pursuant to Section 13-441:

(1)        14th Street, from Fourth Avenue to Seventh Avenue;

(2)        Avenue of the Americas, from 23rd Street to 32nd Street;

(3)        Canal Street, from the Bowery to West Broadway;

(4)        Church Street, from Park Place to Worth Street;

(5)        Delancey Street, from Clinton Street to the west side of Orchard Street;

(6)        Fifth Avenue;

(7)        Seventh Avenue, from 23rd Street to 32nd Street; and

(8)        Worth Street, from Centre Street to Church Street.

(a)        Accessory off-street parking facilities

For curb cuts accessing off-street parking spaces accessory to residences in the Manhattan Core, the provisions of Sections 25-631 (Location and width of curb cuts in certain districts) and 36-532 (Location and width of curb cuts accessing residential parking spaces in certain districts) shall apply, as applicable.

In addition, the maximum width of a curb cut shall be 22 feet for curb cuts accessing off-street parking spaces accessory to residences in R9 or R10 Districts, C1 and C2 Districts mapped within R9 and R10 Districts, and in all other Commercial Districts where, as set forth in the tables in Section 34-112 or 35-23, as applicable, the equivalent Residence District is R9 or R10. This maximum curb cut width of 22 feet shall also apply to curb cuts accessing off-street parking spaces accessory to commercial or community facility uses, and to curb cuts accessing off-street parking facilities with parking spaces accessory to a mix of uses.

(b)        Automobile rental establishments

For curb cuts accessing automobile rental establishments, the maximum width of a curb cut shall be 22 feet.

(c)        Public parking lots

For curb cuts accessing public parking lots, the curb cut provisions of paragraph (c) of Section 36-58 (Parking Lot Maneuverability and Curb Cut Regulations) shall apply.

For the purpose of determining required reservoir spaces, fractions equal to or greater than one-half resulting from the calculations in this Section shall be considered to be one reservoir space. In no event shall the dimensions of any reservoir space be less than 18 feet long and 8 feet, 6 inches wide.

(a)        Attended parking facilities

For attended accessory off-street parking facilities or public parking lots with more than 25 off-street parking spaces, off-street reservoir space at the vehicular entrance shall be provided to accommodate:

(1)        five percent of the total number of parking spaces provided in parking facilities with more than 25 parking spaces and up to 50 parking spaces;

(2)        ten percent of the total number of parking spaces provided in parking facilities with more than 50 parking spaces and up to 100 parking spaces;

(3)        ten parking spaces in parking facilities with more than 100 off-street parking spaces and up to 200 parking spaces; and

(4)        five percent of the total number of parking spaces provided in parking facilities with more than 200 off-street parking spaces. However such number of reservoir spaces need not exceed 50.

(b)        Automated parking facilities

For automated parking facilities, off-street reservoir space at the vehicle entrance shall be provided at the rate set forth in paragraph (a) of this Section.

Each individual parking location where a driver is permitted to leave a vehicle for transfer to a mechanized automobile storage and retrieval unit shall constitute one reservoir space. Additional reservoir spaces may be located where drivers queue to access such locations for vehicle transfer.

In addition, the number of reservoir spaces required pursuant to this Section may be reduced where the Commissioner of Buildings determines that the operational characteristics of such automated parking facility warrant such a reduction.

(c)        Automobile rental establishments

For automobile rental establishments, off-street reservoir space at the vehicle entrance shall be provided at the rate set forth in paragraph (a) of this Section.

(d)        Self-parking facilities

For self-parking accessory off-street parking facilities and public parking lots where entering vehicles are required to stop before a mechanically operated barrier before entering such parking facility, such barrier shall be placed a minimum of 20 feet beyond the street line.

For all accessory off-street parking facilities, the following safety features shall be provided at all vehicular exit points:

(a)        a stop sign which shall be clearly visible to drivers. Such signage shall comply with the standards set forth in the Manual of Uniform Traffic Control Devices (MUTCD) issued by the Federal Highway Administration (FHWA) for a conventional single lane road; and

(b)        a speed bump, which shall be located within the exit lane of the parking facility. Such speed bump shall:

(1)        span the width of the vehicular travel lane;

(2)        have a minimum height of two inches, as measured from the adjoining grade of the exit lane, and a maximum depth of 12 inches; and

(3)        shall be located a minimum of four feet beyond the street line, as measured perpendicular to the street line.

For all accessory off-street parking facilities and automobile rental establishments, the minimum and maximum size requirements for the parking zone for such parking facilities shall be set forth in this Section. The access zone of such parking facilities shall not have a minimum or maximum gross surface area.

For the purpose of calculating surface area in attended parking facilities with parking lift systems, the lifted tray upon which a vehicle is stored shall constitute surface area.

(a)        Attended parking facilities

(1)        For attended parking facilities without parking lift systems, the minimum gross surface area, in square feet, of the parking zone shall be 180 times the number of off-street parking spaces provided, and the maximum gross surface area, in square feet, of the parking zone shall not exceed 200 times the number of off-street parking spaces provided.

(2)        For attended parking facilities with parking lift systems, the minimum and maximum surface area of the portion of the parking zone allocated to non-elevated parking spaces shall be calculated at the rate set forth in paragraph (a)(1) of this Section; and the surface area, in square feet, of the portion of the parking zone allocated to elevated parking spaces shall be 153 times the number of elevated spaces able to be provided on lifted trays.

(b)        Automated parking facilities

No minimum or maximum surface area requirement shall be required in off-street parking facilities that the Commissioner of Buildings determines to be automated parking facilities.

(c)        Automobile rental establishments

The maximum gross surface area, in square feet, of the parking zone of an automobile rental establishment, shall be established at the rate set forth in paragraph (a) of this Section.

(d)        Self-park facilities

The gross surface area, in square feet, of the parking zone of a self-parking accessory off-street parking facility shall be a minimum of 300 times the number of off-street parking spaces provided, and a maximum of 350 times the number of off-street parking spaces provided. However, an area of less than 300 square feet, but in no event less than 200 square feet, may be considered as one space, where the layout and design of the parking area are adequate to permit convenient access and maneuvering in accordance with regulations promulgated by the Commissioner of Buildings.

Such minimum and maximum parking zone requirements of this Section may be modified by the Chairperson of the City Planning Commission pursuant to the certification set forth in Section 13-431 (Reduction of minimum facility size).

All accessory off-street loading berths provided as part of developments, enlargements, extensions or changes of use in the Manhattan Core after May 8, 2013, shall comply with the applicable provisions of this Section, inclusive.

In addition to the provisions of this Section, additional restrictions on loading berths in the Manhattan Core are found in the following Special Purpose Districts:

(a)        the Special Midtown District, as set forth in Sections 81-311 (Prohibitions of off-street parking or off-street loading facilities), 81-44 (Curb Cut Restrictions), 81-624 (Curb cut restrictions and loading berth requirements) and 81-84 (Mandatory Regulations and Prohibitions);

(b)        the Special Lincoln Square District, as set forth in Section 82-50 (OFF-STREET PARKING AND OFF-STREET LOADING REGULATIONS);

(c)        the Special Battery Park City District, as set forth in Sections 84-143 and 84-342 (Off-street loading); and

(d)        the Special Lower Manhattan District, as set forth in Sections 91-52 (Curb Cut Regulations) and 91-53 (Waiver of Requirements for Accessory Off-street Loading Berths).

For all permitted or required accessory loading berths, the minimum length requirements for hospitals and related facilities or prisons; hotels, offices or court houses; commercial uses ; and wholesale, manufacturing or storage uses, set forth in Sections 36-681 (Size of required berths) and 44-581 (Size of required loading berths), shall be 37 feet.

In addition to the floor area exemption for accessory off-street loading berths set forth in Section 12-10 (DEFINITIONS), for buildings with a total floor area in excess of 100,000 square feet, up to 300 square feet of floor space may be exempted from the definition of floor area where such buildings allocate a permanent space for dumpster storage, and such storage space has a minimum dimension of 12 feet by 25 feet. Such dumpster storage space shall be adjacent to a building's loading berth.

The provisions of Sections 36-63 and 44-53 (Special Provisions for a Single Zoning Lot With Uses Subject to Different Loading Requirements) shall not apply.

In addition to the provisions of Sections 25-75, 36-682 and 44-582 (Location of access to the street), no entrance or exit to an accessory off-street loading berth shall be located on a street with a roadbed width that is less than 20 feet, as measured curb to curb.

The provisions of Sections 25-75 (Location of Access to the Street), 36-65 and 44-55 (Waiver of Requirements for All Zoning Lots Where Access Would Be Forbidden) shall be modified to allow the Commissioner of Buildings to reduce or waive the applicable loading berth requirements, provided that:

(a)        the zoning lot only has frontage upon a street, or portion thereof, where curb cuts or entrances and exits to accessory off-street loading berths are not permitted;

(b)        the zoning lot has frontage along a street where curb cuts accessing a loading berth are otherwise permitted, but there is no access to such zoning lot from the street due to the presence of:

(1)        a building, existing on May 8, 2013, containing residences ;

(2)        a non-residential building, existing on May 8, 2013, that is three or more stories in height; or

(3)        a building designated as a landmark or considered a contributing building in an Historic District designated by the Landmarks Preservation Commission; or

(c)        there are subsurface conditions, ventilation requirements from below-grade infrastructure or other site planning constraints that would make accommodating such loading berths infeasible.

In the case of paragraph (c), as set forth in this Section, the Commissioner shall require a loading berth of not less than 33 feet in depth, if such a berth can be accommodated in consideration of the relevant site restraints. The Commissioner of Buildings may request reports from licensed engineers or registered architects in considering such reduction or waiver.

The City Planning Commission may grant certifications, authorizations and special permits in accordance with Section 13-40, inclusive. All such special permits and authorizations, in addition to meeting the requirements, conditions and safeguards prescribed by the Commission as specified in this Section, shall conform to and comply with all of the applicable regulations, except as otherwise specified herein.

An application to the City Planning Commission for the grant of a certification, authorization or special permit under the provisions of Section 13-40 shall include a site plan showing the location of all existing and proposed buildings or other structures on the zoning lot, the location of all vehicular entrances and exits and off-street parking spaces, and such other information as may be required by the Commission.

An off-street parking facility in the Manhattan Core may provide a gross unobstructed surface area less than the minimum size required by Section 13-27 (Minimum and Maximum Size of Parking Facilities) upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings that the proposed layout of such parking facility, including, but not limited to, the arrangement of parking spaces, travel aisles and reservoir spaces, where applicable, is sufficient to accommodate the requisite vehicular navigation and turning movements associated with such a facility. In order to make such a determination, the applicant shall provide the Chairperson with dimensioned plan drawings that depict the proposed vehicular movement through the facility, including any relevant maneuverability or turning radius information.  

Where the Chairperson certifies that an accessory off-street parking facility may be reduced in size because vehicles will be limited in length, such restriction shall be noted on the certificate of occupancy.

Floor space used for off-street parking spaces in an accessory automated parking facility, up to a height of 40 feet above curb level, shall be exempt from the definition of floor area upon certification of the Chairperson of the City Planning Commission to the Commissioner of Buildings that:

(a)        the entire automated parking facility will be contained within a completely enclosed building;

(b)        the portion of the street wall of such automated parking facility below a height of 14 feet, as measured above curb level, complies with the screening provisions of Section 13-221 (Enclosure and screening requirements), and the portion of the street wall above a height of 14 feet, will be similar in composition to the portion of the building's street wall immediately above such automated parking facility, including, but not limited to, the choice of building materials and arrangement and amount thereof; and

(c)        such automated parking facility is within a building with a floor area ratio of at least 2.0.

Any application for such certification shall include relevant plan, elevation and section drawings demonstrating compliance with the provisions of this Section.

A copy of an application for certification pursuant to this Section shall be sent by the Department of City Planning to the affected Community Board, which may review such proposal and submit comments to the Chairperson of the City Planning Commission. If the Community Board elects to comment on such application, it must be done within 30 days of receipt of such application. The Chairperson will not act on such application until the Community Board's comments have been received, or the 30 day comment period has expired, whichever is earlier.

The City Planning Commission may authorize, subject to the applicable zoning district regulations, curb cuts located on a wide street, provided the Commission finds that a curb cut at such a location:

(a)        is not hazardous to traffic safety;

(b)        will not create or contribute to serious traffic congestion, or unduly inhibit vehicular movement;

(c)        will not adversely affect pedestrian movement;

(d)        will not interfere with the efficient functioning of bus lanes, specially designated streets or public transit facilities; and

(e)        will not be inconsistent with the character of the existing streetscape.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

The City Planning Commission may, by authorization, allow an off-street parking facility in the Manhattan Core with a maximum capacity of 15 spaces in an existing building developed without the provision of parking, provided that the conditions of paragraph (a) and the findings of paragraph (b) of this Section are met.

(a)        Conditions

As a condition for approval, the parking facility shall comply with the applicable provisions of Section 13-20 (SPECIAL RULES FOR MANHATTAN CORE PARKING FACILITIES), except that such parking facility need not comply with the provisions of Section 13-221 (Enclosure and screening requirements).

(b)        Findings

The Commission shall find that:

(1)        the location of the vehicular entrances and exits to the parking facility will not unduly interrupt the flow of pedestrian traffic associated with uses or public facilities, including access points to mass transit facilities in close proximity thereto, or result in any undue conflict between pedestrian and vehicular movements, due to the entering and leaving movement of vehicles;

(2)        the location of the vehicular entrances and exits to such parking facility will not interfere with the efficient functioning of streets, including any lanes designated for specific types of users or vehicles, due to the entering and leaving movement of vehicles;

(3)        such use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow; and

(4)        such parking facility will not be inconsistent with the character of the existing streetscape.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

For off-street parking facilities built prior to May 8, 2013, the City Planning Commission may authorize a reduction in the number of required accessory off-street parking spaces where the Commission finds that such reduction will not have undue adverse effects on residents, businesses or community facilities in the surrounding area, as applicable.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In accordance with the special permit provisions of Sections 13-451 through 13-455, the City Planning Commission may permit the off-street parking facilities listed in paragraph (a) of this Section, provided that such parking facilities comply with the conditions of paragraph (b) and the findings of paragraphs (c) and (d) of this Section.

(a)        Eligible parking facilities

The City Planning Commission may permit, subject to the otherwise applicable zoning district regulations:

(1)        accessory off-street parking facilities on-site or off-site, open or enclosed, with any capacity, where such facilities:

(i)        are proposed developments or enlargements with a capacity not otherwise allowed under the applicable regulations of Section 13-10 (PERMITTED OFF-STREET PARKING IN THE MANHATTAN CORE); or

(ii)        are existing prior to May 8, 2013, and increasing the number of parking spaces, pursuant to the provisions of Section 13-07 (Existing Buildings and Off-street Parking Facilities);

(2)        public parking lots, where such facilities:

(i)        are proposed developments or enlargements with any capacity not otherwise allowed under the applicable regulations of Section 13-10;

(ii)        are existing prior to May 8, 2013, and increasing the number of parking spaces, pursuant to the provisions of Section 13-07; or

(iii)        are proposed developments or enlargements in locations not permitted by Section 13-14 (Permitted Parking in Public Parking Lots);

(3)        public parking garages, where such facilities:

(i)        are proposed developments or enlargements in the zoning districts permitted, pursuant to paragraph (d) of Section 13-041 (Applicability of parking regulations within the Manhattan Core); or

(ii)        are existing prior to May 8, 2013, and increasing the number of parking spaces pursuant to the provisions of Section 13-07.

The Commission may also permit floor space in such public parking garages used for off-street parking spaces in any story located not more than 23 feet above curb level to be exempt from the definition of floor area, as set forth in Section 12-10.

(b)        Conditions

The proposed parking facility shall comply with the applicable provisions of Section 13-20 (SPECIAL RULES FOR MANHATTAN CORE PARKING FACILITIES). Proposed public parking garages shall utilize the applicable regulations for accessory off-street parking facilities. However, applications to increase the number of parking spaces in parking facilities existing prior to May 8, 2013, need not comply with the provisions of Section 13-221 (Enclosure and screening requirements).

(c)        Findings

The Commission shall find that:

(1)        the location of the vehicular entrances and exits to such parking facility will not unduly interrupt the flow of pedestrian traffic associated with uses or public facilities, including access points to mass transit facilities in close proximity thereto, or result in any undue conflict between pedestrian and vehicular movements, due to the entering and leaving movement of vehicles;

(2)        the location of the vehicular entrances and exits to such parking facility will not interfere with the efficient functioning of streets, including any lanes designated for specific types of users or vehicles, due to the entering and leaving movement of vehicles;

(3)        such use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow;

(4)        for public parking garages, that where any floor space is exempted from the definition of floor area, such additional floor space is needed in order to prevent excessive on-street parking demand and relieve traffic congestion; and

(5)        such parking facility will not be inconsistent with the character of the existing streetscape.

(d)        Additional findings

The Commission shall also find that each proposed off-street parking facility complies with the additional findings set forth in one of the following Sections, as applicable:

(1)        Section 13-451 (Additional parking spaces for residential growth) shall apply to any such parking facility serving the parking needs of a predominantly residential development or enlargement on a tract of land that has or will have an area of less than 1.5 acres;

(2)        Section 13-452 (Additional parking spaces for health care, arts or public assembly uses) shall apply to any such parking facility serving the parking needs of any use listed in paragraph (a) of Section 13-452 on a tract of land that has or will have an area of less than 1.5 acres;

(3)        Section 13-453 (Additional parking spaces for economic development uses) shall apply to any such parking facility serving the parking needs of a non-residential use not otherwise listed in paragraph (a) of Section 13-452 on a tract of land that has or will have an area of less than 1.5 acres;

(4)        Section 13-454 (Additional parking spaces for large development sites) shall apply to any such parking facility serving the parking needs of a large-scale development or any other development or enlargement on a tract of land that has or will have an area of at least 1.5 acres; or

(5)        Section 13-455 (Additional parking spaces for existing accessory off-street parking facilities) shall apply to any such accessory parking facility existing prior to May 8, 2013.

In determining the amount of additional parking spaces to grant pursuant to such additional findings, the Commission may take into account levels of vacancy in existing off-street parking facilities within the area of the proposed parking facility.

The City Planning Commission may permit a parking facility listed in paragraph (a) of Section 13-45 (Special Permits for Additional Parking Spaces), where such parking facility serves the parking needs of a predominantly residential development or enlargement, provided that, in addition to the conditions and findings set forth in Section 13-45, the Commission shall find that either:

(a)        the number of off-street parking spaces in such proposed parking facility is reasonable and not excessive in relation to recent trends in close proximity to the proposed facility with regard to:

(1)        the increase in the number of dwelling units ; and

(2)        the number of both public and accessory off-street parking spaces, taking into account both the construction, if any, of new off-street parking facilities and the reduction, if any, in the number of such spaces in existing parking facilities. In making this determination, the Commission may take into account off-street parking facilities for which building permits have been granted, or which have obtained City Planning Commission special permits pursuant to Section 13-45; or

(b)        the proposed ratio of parking spaces to dwelling units in the proposed development or enlargement does not exceed:

(1)        20 percent of the total number of dwelling units, where such units are located within Community District 1, 2, 3, 4, 5 or 6; or

(2)        35 percent of the total number of dwelling units, where such units are located within Community District 7 or 8.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

The City Planning Commission may permit a parking facility listed in paragraph (a) of Section 13-45 (Special Permits for Additional Parking Spaces), where such parking facility would serve the parking needs of a health care, arts or public assembly use, provided that, in addition to the conditions and findings set forth in Section 13-45, the Commission shall find that:

(a)        the proposed parking facility is either in close proximity to or on the same zoning lot as one or more of the following uses :

(1)        a hospital or related facility, as listed in Use Group 4;

(2)        a museum, as listed in Use Group 3;

(3)        a theater, as listed in Use Group 8, or other performing arts venue; or

(4)        an arena, auditorium, trade exposition or stadium, as listed in Use Group 12 or, where permitted by special permit, pursuant to Section 74-41 or other government agency approvals;

(b)        an increased number of permitted off-street parking spaces in such proposed parking facility is essential to the operation of such health care, arts or public assembly use; and

(c)        reasonable measures to minimize parking demand have been identified. For existing or enlarged health care, arts or public assembly uses, such measures shall have been implemented, where feasible, prior to application, and a commitment by the applicant shall be made, in a form acceptable to the Commission, to continue and, where necessary, improve upon and supplement such measures. For new health care, arts or public assembly uses, such measures shall be committed to in a form acceptable to the Commission.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

The City Planning Commission may permit a parking facility listed in paragraph (a) of Section 13-45 (Special Permits for Additional Parking Spaces), where such parking facility serves the parking needs of a non-residential use not otherwise listed in paragraph (a) of Section 13-452, provided that, in addition to the conditions and findings set forth in Section 13-45, the Commission shall find that:

(a)        the proposed parking facility is in close proximity to or on the same zoning lot as a commercial use, community facility use or manufacturing use that is of significant importance to the economic well-being of the City of New York;

(b)        an increased number of permitted off-street parking spaces in such proposed parking facility is essential to the operation of such use; and

(c)        reasonable measures to minimize parking demand have been identified. For existing or enlarged uses, such measures shall have been implemented, where feasible, prior to application, and a commitment by the applicant shall be made, in a form acceptable to the Commission, to continue and, where necessary, improve upon and supplement such measures. For new uses, such measures shall be committed to in a form acceptable to the Commission.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

The City Planning Commission may permit a parking facility listed in paragraph (a) of Section 13-45 (Special Permits for Additional Parking Spaces), where such parking facility serves the parking needs of a large-scale development or any other development or enlargement on a tract of land exceeding 1.5 acres, provided that, in addition to the conditions and findings set forth in Section 13-45, the Commission shall find that:

(a)        where an increased number of permitted off-street parking spaces in such proposed parking facility would serve the parking needs of a predominantly residential development or enlargement, either finding (a) or finding (b) of Section 13-451 (Additional parking spaces for residential growth) is met; or

(b)        where such proposed parking facility would serve the parking needs of a predominantly non-residential development or enlargement, an increased number of permitted off-street parking spaces in such proposed parking facility is essential to the operation of the non-residential uses in such development or enlargement ; and

(c)        where a parking deficit is created by the relocation of parking users from off-street parking spaces that will be eliminated through the proposed development or enlargement, the availability of off-street parking in the vicinity of such proposed development or enlargement will be of insufficient capacity to accommodate such potential parking users;

(d)        reasonable measures to minimize parking demand have been identified. For existing or enlarged uses, such measures shall have been implemented, where feasible, prior to application, and a commitment by the applicant shall be made, in a form acceptable to the Commission, to continue, and where necessary, improve upon and supplement such measures. For new uses, such measures shall be committed to in a form acceptable to the Commission; and

(e)        where phased construction will occur in the large-scale development, or development or enlargement on a tract of land exceeding 1.5 acres, a phased parking plan has been provided that demonstrates that a reasonable and not excessive amount of additional parking spaces is provided in the proposed parking facility in relation to the amount of completed construction within each phase.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

The City Planning Commission may permit an increase in the number of spaces in an accessory off-street parking facility existing prior to May 8, 2013, as listed in paragraph (a) of Section 13-45 (Special Permits for Additional Parking Spaces), provided that, in addition to the conditions and findings set forth in Section 13-45, the Commission shall find that:

(a)        where such increased number of permitted off-street parking spaces in such existing parking facility would serve the parking needs of a zoning lot or zoning lots comprised predominantly of residential uses, either:

(1)        finding (a) of Section 13-451 (Additional parking spaces for residential growth) is met; or

(2)        the sum of any existing off-street parking spaces, and the proposed increase, does not exceed:

(i)        20 percent of the total number of dwelling units, where such units are located within Community District 1, 2, 3, 4, 5 or 6; or

(ii)        35 percent of the total number of dwelling units, where such units are located within Community District 7 or 8; and

(iii)        the number of parking spaces that would be permitted for existing conforming non-residential uses, if the ratio of parking spaces to floor area for the applicable use, as specified in Section 13-10 (PERMITTED OFF-STREET PARKING IN THE MANHATTAN CORE), were applied.

Any dwelling units on the zoning lot or zoning lots which are non-complying as to density shall not be included in such calculation pursuant to paragraphs (a)(2)(i) or (a)(2)(ii) of this Section, and any non-complying floor area on such zoning lot or zoning lots shall be excluded in applying such ratio in paragraph (a)(2)(iii) of this Section; or

(b)        where an increased number of permitted off-street parking spaces in such existing parking facility would serve the parking needs of a zoning lot or zoning lots comprised predominantly of conforming non-residential uses, the sum of any existing off-street parking spaces, and the proposed increase, does not exceed the number of parking spaces that would be permitted if the ratio of parking spaces to floor area for the applicable use, as specified in Section 13-10, were applied. Any non-complying floor area on such zoning lot or zoning lots shall be excluded in applying such ratio.

The sidewalk cafe regulations as established in this Resolution are citywide regulations, designed to encourage sidewalk cafes in locations where they are appropriate, discourage them in locations where they are inappropriate, and promote and protect public health, safety, general welfare and amenity. These general goals include, among others, the following specific purposes:

(a)        To ensure adequate space for pedestrians on the sidewalk adjacent to sidewalk cafes.

(b)        To promote sidewalk cafes as visual amenities that better relate to the streetscape.

(c)        To preserve and enhance the character of neighborhoods throughout the City.

(d)        To simplify administrative regulations and strengthen enforcement procedures for sidewalk cafes and ensure that such requirements are effective, efficient and enforceable.

(e)        To promote the most desirable use of land and thus to conserve the value of land and buildings and thereby protect the City's tax revenues.

In harmony with the general purpose and intent of this Resolution, and the general purposes of the sidewalk cafe regulations, certain specified regulations concerning area eligibility, sidewalk locational criteria and physical criteria for sidewalk cafes, in general, and specifically for enclosed sidewalk cafes, are herein established.

The three types of sidewalk cafes that are permitted by the regulations of this Chapter and defined in Section 12-10 (DEFINITIONS) are enclosed sidewalk cafes, unenclosed sidewalk cafes and small sidewalk cafes.

The amendments to Article I, Chapter 4, adopted by the City Council on January 29, 2003, shall become effective March 27, 2003.

Physical criteria, including structural and operational requirements for sidewalk cafes, and unenclosed sidewalk cafes in particular, shall be regulated by the Department of Consumer Affairs and found in Title 6, Chapter 2, Subchapter F., of the Rules of the City of New York.

Licenses for all sidewalk cafes must be obtained from the Department of Consumer Affairs, or its successor.

Sidewalk cafes may be located in all R10H Districts, in all Commercial Districts other than C3 Districts and in all Manufacturing Districts only where eating or drinking establishments are permitted, as modified by special eligibility regulations set forth in Sections 14-40 through 14-45, inclusive. These sections identify streets, areas, special districts and malls or portions of streets for which special area eligibility regulations apply:

Section 14-40 — (AREA ELIGIBILITY FOR SIDEWALK CAFES)

Section 14-41 — (Locations Where Certain Sidewalk Cafes Are Not Permitted)

Section 14-42 - (Locations Where Enclosed Sidewalk Cafes Are Not Permitted)

Section 14-43 — (Locations Where Only Small Sidewalk Cafes Are Permitted)

Section 14-44 — (Special Zoning Districts Where Certain Sidewalk Cafes Are Permitted)

Section 14-45 — (Street Malls Where Certain Sidewalk Cafes Are Permitted).

Sidewalk cafes shall be permitted in Historic Districts or in designated landmark buildings only if such sidewalk cafe is approved by the Landmarks Preservation Commission.

The regulations of this Section, governing clear path, clearance at intersection of streets, clearance from large obstructions and minimum distance between two cafes shall apply to all enclosed sidewalk cafes.

(a)        Clear path

There shall be a minimum of 8 feet, 0 inches clear distance or 50 percent of the sidewalk width, whichever is greater, free of all obstructions, in order to allow adequate pedestrian movement.

The minimum distance shall be measured from the portion of the enclosed sidewalk cafe frontage that is nearest either the curb line or the nearest obstruction. In no event may recesses in the enclosed sidewalk cafe frontage be used to satisfy this unobstructed width requirement, except that the corners of the enclosed sidewalk cafe may be rounded or mitered. A clearance of 8 feet, 0 inches shall be maintained around the corners of enclosed sidewalk cafes, measured in radius.

For the purpose of the minimum clear path, but not the clearance from corners of enclosed sidewalk cafes, parking meters, traffic signs, and trees that have gratings flush to grade, without fences or guards, shall not count as obstructions

In the case of a street for which a mall plan or other special plan has been adopted, the clear path requirements pursuant to this Section shall be deemed satisfied if there is not less than an 8 feet, 0 inches clear path.

(b)        Clearance at intersections of street line

There shall be a minimum of 9 feet, 0 inches clearance, free of all obstructions with no exception, measured from the outer edge of the enclosed sidewalk cafe to the curbside obstacle. The corner of the enclosed sidewalk cafe wall may be rounded or mitered. Such distance shall be measured from the outer edge of the enclosed sidewalk cafe to either the curb line or the nearest obstruction.

(c)        Clearance from large obstructions

All enclosed sidewalk cafes shall be a minimum of 15 feet from large obstructions. For the purposes of this Section, large obstructions shall be bus stop shelters, newsstands, subway entrances or any other object greater than 15 square feet in area. The closed end of a subway entrance located along the front lot line may abut an enclosed sidewalk cafe.

(d)        Minimum distance between enclosed sidewalk cafes

There shall be a minimum distance of 40 feet between the near end walls of two enclosed sidewalk cafes if an entrance to a ground floor commercial use, other than an entrance to the eating or drinking place associated with either enclosed sidewalk cafe, is located between them.

There shall be a minimum distance of 15 feet between the near end walls of two enclosed sidewalk cafes if an entrance to a ground floor non-commercial use, or a use located above or below the ground floor, other than an entrance to the eating or drinking place associated with either enclosed sidewalk cafe, is located between them.

The regulations of this Section governing certain structural and operational requirements shall apply to all enclosed sidewalk cafes.

(a)        Ceiling

The ceiling of an enclosed sidewalk cafe shall be of incombustible materials, including colored or colorless safety glass or fabric which has been treated to be fire resistant as approved by the Department of Buildings.

At no point shall the height of the ceiling of an enclosed sidewalk cafe be lower than 7 feet, 0 inches above the floor of the sidewalk cafe.

(b)        Transparency — exterior walls

An enclosed sidewalk cafe may provide a base wall of opaque material up to a maximum height of 12 inches from the finished floor level. The base wall shall include any horizontal structural members that support transparent materials above.

All enclosing walls, doors and windows, except for the structural members, above finished floor level or base wall as provided in this Section, up to a height of 7 feet, 0 inches above finished floor level, must be of colorless, untinted, non-reflective, transparent material, as approved by the Department of Buildings. In order to maximize transparency, the horizontal as well as vertical structural members shall not be sized more than 10 inches wide.

At least 50 percent of the walls, up to a height of 7 feet, 0 inches above finished floor level, shall consist of operable transparent windows.

(c)        Elevation

The enclosed sidewalk cafe floor shall not be more than seven inches above the level of the adjoining sidewalk.

In the event of a major grade change, however, the City Planning Commission may, by certification, permit the floor level to be more than seven inches above the level of the adjoining sidewalk.

(d)        Designated boundaries

No portion of enclosed sidewalk cafes, such as doors, windows, walls or any objects placed within an enclosed sidewalk cafe, shall swing or project beyond the designated exterior perimeter of the enclosed sidewalk cafe. However, fire exit doors that are used exclusively as emergency fire exit doors shall be exempt from this provision.

(e)        Fixtures

The furnishings of the interior of an enclosed sidewalk cafe shall consist solely of moveable tables, chairs and decorative accessories. No objects, except lighting fixtures and HVAC installations, may be permanently affixed onto any portion of the wall of the enclosed sidewalk cafe. In no event shall such objects penetrate the exterior perimeter of the wall or the roof of the enclosed sidewalk cafe or impede the transparency as required by this Chapter. The exhaust for such HVAC installations on the adjacent walls shall not be less than 10 feet above curb level.

(f)        Refuse storage area

No structure or enclosure to accommodate the storage of garbage may be erected or placed adjacent to or separate from the enclosed sidewalk cafe on the public right-of-way.

An enclosed sidewalk cafe or its restaurant shall be directly accessible to persons with physical disabilities. In the event the main restaurant has provided such access, the enclosed sidewalk cafe shall be accessible to persons with disabilities from the interior of the restaurant.

In order to ensure access for persons with physical disabilities:

(a)        at least one door leading into the enclosed sidewalk cafe or restaurant from the adjoining sidewalk shall be not less than three feet wide, clear; and

(b)        a ramp with non-skid surface, if there is change of grade, having a minimum width of three feet and a slope of not greater than 1 in 12, shall be provided. Such ramp may be of portable type for enclosed sidewalk cafes that are six feet wide or less, except if such sidewalk cafe is at least 180 square feet in area.

No signs are permitted on an enclosed sidewalk cafe, except that the name and type of establishment may be placed upon the glass wall but shall not obscure the required transparency.

Musical instruments or sound reproduction devices shall not be operated or used within an enclosed sidewalk cafe for any purpose.

In all Commercial or Manufacturing Districts, where enclosed sidewalk cafes are permitted in accordance with the provisions of this Chapter, the City Planning Commission may permit, upon application, modifications to the locational or physical criteria regulations for enclosed sidewalk cafes, except that there shall be no modification of Sections 14-41 (Locations Where Certain Sidewalk Cafes Are Not Permitted), 14-42 (Locations Where Enclosed Sidewalk Cafes Are Not Permitted), 14-44 (Special Zoning Districts Where Certain Sidewalk Cafes Are Permitted) and 14-45 (Street Malls Where Certain Sidewalk Cafes Are Permitted), provided the Commission finds that:

(a)        the enclosed sidewalk cafe is developed consistent with the general purposes and objectives of this Chapter;

(b)        any proposed modification to the requirements of this Chapter will result in good overall design and enhance the general character of the street and the neighborhood;

(c)        any proposed modifications to the requirements of this Chapter will not cause a serious adverse effect on pedestrian traffic;

(d)        the restaurant or enclosed sidewalk cafe provides access for persons with disabilities;

(e)        where a proposed enclosed sidewalk cafe is located between two existing stoops, it will not project beyond the stoops; and

(f)        modifications to the provisions of paragraph (a) of Section 14-11 (Locational Criteria for Enclosed Sidewalk Cafes) shall be limited to the minimum clear path for a proposed enclosed sidewalk cafe that would be located on a street with a special pedestrian plan.

Physical criteria for unenclosed sidewalk cafes, including structural and operational requirements, shall be regulated by the Department of Consumer Affairs pursuant to the Rules of the City of New York as described in Section 14-01 (General Provisions). Small sidewalk cafes, however, shall also conform to the requirements of Section 14-30.

Small sidewalk cafes shall be subject to the regulations of Section 14-01 (General Provisions) and, in addition, shall comply with the requirements for the definition of small sidewalk cafes in Section 12-10 as well as the following physical criteria:

(a)        no form of serving station or any other type of furniture, other than the single row of tables and chairs set adjacent to the street line, may be placed within that space occupied by a small sidewalk cafe ;

(b)        there shall be no railing, structure or other form of barrier between a small sidewalk cafe and the remaining area of the sidewalk; and

(c)        there shall be no overhead coverage other than a retractable awning that is affixed to the building wall and does not extend further than 4 feet, 6 inches.

Small sidewalk cafes are permitted wherever sidewalk cafes may be located pursuant to the requirements of Section 14-011. Section 14-43 (Locations Where Only Small Sidewalk Cafes Are Permitted) lists specific streets and areas where no sidewalk cafes other than small sidewalk cafes may be located.

Sections 14-40 through 14-45 identify those locations where specific area eligibility regulations apply.

For the purposes of Sections 14-40 through 14-45, the length of a street shall run the full block to the nearest intersections with cross streets, unless otherwise stated.

Areas bounded by streets shall include both sides of such streets and shall be subject to the regulations of this Chapter pertaining to such areas. When a street forms the boundary of a special district, however, only that side of the street located within the special district shall be subject to the regulations pertaining to the special district.

Sidewalk cafes shall only be allowed to locate along the length of a street or within the area bounded by streets, as set forth in Sections 14-40 through 14-45, where the applicable use regulations of the district allow eating and drinking establishments, either as-of-right, by certification or by authorization or special permit.

No enclosed or unenclosed sidewalk cafes shall be permitted on any of the following streets, portions of streets and areas, except that small sidewalk cafes may be permitted pursuant to the provisions of Section 14-43 (Locations Where Only Small Sidewalk Cafes Are Permitted).

Citywide:

All streets with elevated rail transit lines, unless specifically permitted in Section 14-43.

Manhattan:

All streets bounded by 38th Street on the south, 59th Street on the north, Third Avenue on the east and Eighth Avenue on the west

All streets within the M1-5A and M1-5B Districts south of Houston Street

Bowery — from East Broadway to Canal Street

Elizabeth Street — from Bayard Street to Canal Street

Pell Street — the entire length

Mott Street — from Park Row to Canal Street

Mulberry Street — from Worth Street to Canal Street

Bayard Street — the entire length

Doyers Street — the entire length

All streets facing Chatham Square

Canal Street — the entire length

Orchard Street — from Canal Street to Houston Street

Delancey Street — from Norfolk Street to the Bowery

Eighth Street — from Avenue A to Sixth Avenue

14th Street — from Second Avenue to Eighth Avenue

23rd Street — from the East River to Eighth Avenue

31st Street — from Fifth Avenue to Eighth Avenue

32nd Street — from Fifth Avenue to Eighth Avenue

33rd Street — from Fifth Avenue to Eighth Avenue

34th Street — from the East River to Eighth Avenue

42nd Street — from the East River to Eighth Avenue

All streets or portions of streets bounded by 43rd Street on the south, 45th Street on the north, Eighth Avenue on the east and, on the west, a line 150 feet west of Eighth Avenue

57th Street — from the East River to Eighth Avenue

58th Street — from the East River to Eighth Avenue

59th Street — from the East River to Fifth Avenue

59th Street — from Sixth Avenue to Columbus Circle

All streets bounded by 59th Street on the south, 61st Street on the north, Fifth Avenue on the west and, on the east, a line 125 feet east of Fifth Avenue

60th Street — from Third Avenue to Fifth Avenue

61st Street — from Third Avenue to Fifth Avenue

62nd Street — from Second Avenue to Fifth Avenue

63rd Street — from Second Avenue to Fifth Avenue

68th Street — from First Avenue to Fifth Avenue

72nd Street — from the East River to Fifth Avenue

77th Street — from First Avenue to Fifth Avenue

79th Street — from the East River to Fifth Avenue

86th Street — from the East River to Fifth Avenue

116th Street — from Malcolm X Boulevard to Frederick Douglass Boulevard

First Avenue — from 48th Street to 59th Street

Third Avenue — from 59th Street to 62nd Street

Lexington Avenue — the entire length

Park Avenue — the entire length from 38th Street, northward

Madison Avenue — the entire length

Fifth Avenue — from Washington Square North to 61st Street

Sixth Avenue — from 31st Street to 38th Street

Broadway — from 31st Street to 38th Street

Seventh Avenue — from 31st Street to 38th Street

Eighth Avenue — from 31st Street to 38th Street

Herald Square.

Brooklyn:

13th Avenue — from 39th Street to New Utrecht Avenue

86th Street — from Third Avenue to Gowanus Expressway

Court Street — from Schermerhorn Street to Montague Street.

Queens:

82nd Street — from 34th Avenue to 41st Avenue

Austin Street — from Yellowstone Boulevard to Ascan Avenue

Junction Boulevard — from Northern Boulevard to 41st Avenue

Roosevelt Avenue — from Union Street to Prince Street

Skillman Avenue — from 43rd Street to 56th Street.

No enclosed sidewalk cafe shall be permitted on any of the following streets.

Manhattan:

Bleecker Street — from Bank Street to Mercer Street

Central Park South — from Fifth Avenue to Sixth Avenue

Park Avenue South and Park Avenue — from 31st Street to 38th Street.

Small sidewalk cafes may be located wherever sidewalk cafes are permitted. In addition, only small sidewalk cafes shall be allowed on the following streets, notwithstanding any regulations set forth in Sections 14-41 or 14-42 prohibiting certain sidewalk cafes on such streets.

Manhattan:

Orchard Street — from Canal Street to Houston Street

Delancey Street — from Norfolk Street to the Bowery

Centre Street — from Canal Street to Spring Street

Lafayette Street — from Canal Street to Houston Street

Sixth Avenue — from Canal Street to a line 100 feet south of Spring Street

Special Union Square District1

14th Street — from Second Avenue to Irving Place

14th Street — from a line 100 feet west of University Place to Eighth Avenue

23rd Street — from the East River to Eighth Avenue

31st Street — from Fifth Avenue to a line 200 feet east of Broadway

34th Street — from the East River to Fifth Avenue

35th Street — from a line 150 feet east of Fifth Avenue to a line 150 feet east of Sixth Avenue

36th Street — from a line 150 feet east of Fifth Avenue to a line 150 feet west of Fifth Avenue

37th Street — from a line 150 feet east of Fifth Avenue to a line 150 feet west of Fifth Avenue

37th Street — from a line 150 feet east of Sixth Avenue to Broadway

38th Street — from Third Avenue to Seventh Avenue

39th Street — from Exit Street to Seventh Avenue

40th Street — from a line 100 feet east of Exit Street to Broadway

41st Street — from a line 100 feet east of Exit Street to Third Avenue

42nd Street — from First Avenue to Third Avenue

42nd Street — from Fifth Avenue to a line 275 feet east of Sixth Avenue

All streets bounded by 43rd Street on the south, 46th Street on the north, a line 200 feet east of Third Avenue on the east and Third Avenue on the west

43rd Street — from Fifth Avenue to Sixth Avenue

44th Street — from Fifth Avenue to Sixth Avenue

45th Street — from Fifth Avenue to Sixth Avenue

46th Street — from Fifth Avenue to Sixth Avenue

47th Street — from a line 200 feet east of Third Avenue to Third Avenue

48th Street — from a line 150 feet east of Third Avenue on the east and Sixth Avenue on the west

49th Street — from a line 150 feet east of Third Avenue on the east and Sixth Avenue on the west

50th Street — from a line 150 feet east of Third Avenue on the east and Sixth Avenue on the west

51st Street — from a line 150 feet east of Third Avenue to Eighth Avenue

52nd Street — from a line 160 feet east of Third Avenue to Eighth Avenue

53rd Street — from a line 160 feet east of Third Avenue to Eighth Avenue

54th Street — from a line 150 feet east of Third Avenue to Eighth Avenue

55th Street — from a line 100 feet west of Second Avenue to Eighth Avenue

56th Street — from a line 100 feet west of Second Avenue to Eighth Avenue

57th Street — from the East River to Eighth Avenue

58th Street — from the East River to Eighth Avenue

59th Street — from the East River to Second Avenue

59th Street (Central Park South) — from Sixth Avenue to Columbus Circle

60th Street — from Lexington Avenue to Fifth Avenue

61st Street — from Third Avenue to Fifth Avenue

62nd Street — from Second Avenue to Fifth Avenue

63rd Street — from Second Avenue to Fifth Avenue

86th Street — from First Avenue to a line 125 feet east of Second Avenue, south side only

116th Street — from Malcolm X Boulevard to Frederick Douglass Boulevard

Special 125th Street District — only as set forth in Section 97-13 (Permitted Small Sidewalk Cafe Locations)

First Avenue — from 48th Street to 56th Street

Third Avenue — from 38th Street to 62nd Street

Lexington Avenue — from a line 100 feet south of 23rd Street to a line 100 feet north of 34th Street

Lexington Avenue — the entire length from a line 100 feet north of 96th Street, northward

Park Avenue — from 38th Street to 40th Street

Park Avenue — from 48th Street to 60th Street

Park Avenue — the entire length from a line 100 feet north of 96th Street, northward

Madison Avenue — from 23rd Street to 38th Street

Madison Avenue — from 59th Street to 61st Street

Special Madison Avenue Preservation District2

Madison Avenue — the entire length from a line 100 feet north of 96th Street, northward

Fifth Avenue — from 12th Street to 33rd Street

Fifth Avenue — from 59th Street to 61st Street

Sixth Avenue — from 36th Street to 42nd Street

Sixth Avenue — from a line 150 feet north of 42nd Street to 48th Street

Sixth Avenue — from 50th Street to Central Park South

Seventh Avenue — from 50th Street to Central Park South

Broadway — from 36th Street to 40th Street

Broadway — from 50th Street to Columbus Circle

Columbus Circle — from Eighth Avenue, westward, to Broadway.

1        Small sidewalk cafes are not allowed on 14th Street

2        Small sidewalk cafes are not allowed on 86th Street within the Special Madison Avenue District

Queens:

Jackson Avenue, north side — from 44th Drive to the prolongation of Dutch Kills Street

Queens Boulevard — from a line 100 feet west of 39th Place to 48th Street

Queens Plaza North — from 23rd Street to Northern Boulevard

Queens Plaza South — from 23rd Street to Jackson Avenue

Skillman Avenue, north side — from 45th Street to a line 100 feet east of 51st Street, including that portion within the Special Planned Community Preservation District

Skillman Avenue, south side — from 45th Street to 51st Street, excluding that portion within the Special Planned Community Preservation District.

Note: All zoning regulations pertaining to the Special Inwood District Rezoning, which amended the Zoning Resolution (N 180205A ZRM) and Zoning Map (C 180204A ZMM), and which have been in effect since 8/8/18, are no longer in effect as of 12/19/19 per court order. For the applicable zoning designations currently in effect, please see zoning maps 1b, 1d, 3a, and 3c.

Enclosed or unenclosed sidewalk cafes shall be permitted, as indicated, in the following special zoning districts, where allowed by the underlying zoning. Small sidewalk cafes, however, may be located on streets or portions of streets within special zoning districts pursuant to the provisions of Section 14-43 (Locations Where Only Small Sidewalk Cafes Are Permitted).

Manhattan

Enclosed Sidewalk Cafe

Unenclosed Sidewalk Cafe

125th Street District

No

No4

Battery Park City District

Yes

Yes

Clinton District

No

Yes

East Harlem Corridors District

No

Yes

Enhanced Commercial District 2

(Columbus and Amsterdam Avenues)

Yes

Yes

Enhanced Commercial District 3

(Broadway/Upper West Side)

Yes

Yes

Hudson Square District

Yes

Yes

Inwood District

No

Yes

Limited Commercial District

No

No1

Lincoln Square District

No

Yes

Little Italy District

No

Yes

Lower Manhattan District

No

Yes2

Manhattanville Mixed Use District

No3

Yes

Transit Land Use District

Yes

Yes

Tribeca Mixed Use District

Yes

Yes

United Nations Development District

No

Yes

West Chelsea District

No

Yes5

1          Unenclosed sidewalk cafes are allowed on Greenwich Avenue

2          Unenclosed sidewalk cafes are not allowed on State,Whitehall or Chambers Streets or Broadway

3          Enclosed sidewalk cafes are allowed in Subdistrict B

4          Unenclosed sidewalk cafes are allowed on the east side of Malcolm X Boulevard between West 125th and West 126th Streets, on the west side of Malcolm X Boulevard between West 124th and West 125th Streets and on the east side of Fifth Avenue between East 125th and East 126th Streets

5          Unenclosed sidewalk cafes are allowed only on wide streets except they are not allowed on the west side of Ninth Avenue between West 15th Street and West 16th Street

Brooklyn

Enclosed Sidewalk Cafe

Unenclosed Sidewalk Cafe

Bay Ridge District

Yes

Yes

Coney Island District

No

Yes

Coney Island Mixed Use District

Yes

Yes

Downtown Brooklyn District

Yes

Yes

Enhanced Commercial District 1 (Fourth Avenue)

No

Yes

Enhanced Commercial District 4 (Broadway, Bedford-Stuyvesant)

No

Yes

Mixed Use District-8

(Greenpoint-Williamsburg)

Yes

Yes

Ocean Parkway District1

Yes

Yes

Sheepshead Bay District

No

Yes

1        Sidewalk cafes are not allowed on Ocean Parkway

The Bronx

Enclosed Sidewalk Cafe

Unenclosed Sidewalk Cafe

City Island District

No

Yes

Harlem River Waterfront District

No

Yes

Jerome Corridor District

No

Yes

Queens

Enclosed Sidewalk Cafe

Unenclosed Sidewalk Cafe

Downtown Far Rockaway District

No

Yes

Downtown Jamaica District

No

Yes

Forest Hills District1

No

Yes

Long Island City Mixed Use District2

No

Yes

Southern Hunters Point District

No

Yes

Willets Point District

No

Yes

1        Sidewalk cafes are not allowed on Austin Street

2        See Appendix A in Article XI, Chapter 7

Staten Island

Enclosed Sidewalk Cafe

Unenclosed Sidewalk Cafe

Bay Street Corridor District

Yes

Yes

South Richmond Development District

Yes

Yes

St. George District

Yes

Yes

Stapleton Waterfront District

Yes

Yes

Sidewalk cafes are permitted as indicated in the following malls where allowed by the underlying zoning.

Manhattan

Enclosed Sidewalk Cafe

Unenclosed Sidewalk Cafe

Mulberry Street Mall

No

Yes

Nassau Street Mall

No

Yes

Brooklyn

Enclosed Sidewalk Cafe

Unenclosed Sidewalk Cafe

Fulton Street Mall1

No

Yes

1        Enclosed sidewalk cafes are allowed along DeKalb Avenue

Queens

Enclosed Sidewalk Cafe

Unenclosed Sidewalk Cafe

Far Rockaway Beach 20th Street

No

Yes

Special regulations for the conversion of non-residential floor area to residences have been established in order to promote and protect public health, safety and general welfare. These goals include, among others, the following specific purposes:

(a)        to permit owners to increase the return on their investment in appropriate existing buildings by authorizing the conversion to residences without requiring such residences to conform to the provisions of Article II of this Resolution;

(b)        to reduce the deleterious effects on commercial and manufacturing uses caused by the reduction of land and floor area available to such uses permitted under the provisions of this Chapter by providing relocation incentives for such uses;

(c)        to protect important job-producing industries, particularly those with a unique social or economic relationship to the surrounding community;

(d)        to provide sufficient space for commercial and manufacturing activities which are an integral part of New York City's economy;

(e)        to provide for adequate returns to property owners by allowing more profitable residential use with a limited mix of commercial and manufacturing uses;

(f)        to provide a new housing opportunity of a type and at a density appropriate to these Community Districts;

(g)        to ensure the provision of safe and sanitary housing units in converted buildings; and

(h)        to ensure the provision of adequate amenities in conjunction with residential development.

In Manhattan Community Districts 1, 2, 3, 4, 5 and 6, Brooklyn Community Districts 1, 2, 6 and 8, and Queens Community Districts 1 and 2, conversions in buildings or portions thereof, erected prior to December 15, 1961, shall be subject to the provisions of this Chapter.

In addition, in Manhattan Community District 1, in the area south of Murray Street and its easterly prolongation and the Brooklyn Bridge, conversions in buildings, or portions thereof, erected prior to January 1, 1977, shall be subject to the provisions of this Chapter.

For the purposes of this Chapter, conversion shall mean the change of non-residential floor area to residences or joint living-work quarters for artists. Conversions shall also include the conversion of existing floor space used for mechanical equipment and not counted as floor area to residences or joint living-work quarters for artists.  

All conversions to residences shall be permitted only in districts where residential use is allowed by the district regulations, or in those Manufacturing Districts where residential use is allowed pursuant to this Chapter or by authorization or special permit. All conversions to joint living-work quarters for artists shall be permitted only in districts where such use is allowed by the district regulations.

The provisions of Article II, Chapter 8, shall not apply to buildings converted pursuant to the provisions of this Chapter.

However, conversions that meet all the requirements for residential development of Article II (Residence District Regulations) and are located in R4, R5, R6, R7, R8, R9, R10, C1, C2, C3, C4, C5 or C6 Districts are exempt from the provisions of this Chapter. Except as modified by the express provisions of this Chapter, the regulations of the applicable zoning districts remain in effect.

Developments or enlargements shall be in accordance with the applicable requirements of Article II and Article III, except as provided by authorization pursuant to Section 15-41 (Enlargements of Converted Buildings).

The provisions of this Chapter shall apply in Special Purpose Districts in the Community Districts listed in Section 15-01, as may be modified in the provisions of such Special Purpose Districts, except that the Preservation Area of the Special Clinton District is excluded from the applicability of the provisions of this Chapter.

In Community Districts not listed in Section 15-01, the provisions of this Chapter shall apply in the following Special Purpose Districts:

any Special Mixed Use District as modified by Article XII, Chapter 3 (Special Mixed Use Districts);

the Special Downtown Jamaica District as modified by Article XI, Chapter 5 (Special Downtown Jamaica District);

the Special St. George District as modified by Article XII, Chapter 8 (Special St. George District); and

the Special Coney Island District as modified by Article XIII, Chapter 1 (Special Coney Island District).

Conversions in buildings, or portions thereof, in C6-1G or C6-2G Districts shall be permitted only by special permit pursuant to Section 74-782 (Residential conversion in C6-1G, C6-2G, C6-2M, C6-4M, M1-5A, M1-5B, M1-5M and M1-6M Districts).

Except as specifically set forth in Sections 15-013 and 15-024, the provisions of this Chapter are not applicable in M1-5A or M1-5B Districts.

In M1-6D Districts, the conversion to dwelling units of non-residential buildings erected prior to January 1, 1977, or portions thereof, shall be permitted, subject to Sections 15-11 (Bulk Regulations), 15-12 (Open Space Equivalent) and 15-30 (MINOR MODIFICATIONS), paragraph (b), except as superseded or modified by the provisions of Section 42-481 (Residential use).

(a)        Building permits in Manhattan Community Districts 1, 2, 3, 4, 5 and 6

If, before April 9, 1981, a building permit was lawfully issued for an alteration based upon plans filed and pending with the Department of Buildings on or before September 1, 1980, construction pursuant to such permit may be continued, at the option of the owner, without regard to the other provisions of this Chapter. In the event that the construction permitted herein is not completed within 2 years from the issuance of said building permit or prior to April 9, 1982, whichever is later, and a temporary or permanent certificate of occupancy has not been issued, the building permit shall automatically lapse for any portion of a building for which a permanent or temporary certificate of occupancy has not been obtained and the right to continue construction on such floor area shall terminate, except that the Board of Standards and Appeals may reinstate said permit pursuant to the provisions of paragraphs (a)(1) or (a)(2) of this Section:

(1)        for all floor area for which the Board has made a finding that, as of April 9, 1981;

(i)        there was substantial construction in compliance with the approved plans pursuant to which said lapsed permit had been granted; and

(ii)        the completed construction demonstrated a physical commitment of the floor area to a layout as residential or joint living-work quarters for artists use, which construction could not be readily adapted to a non-residential use permitted by the Zoning Resolution.

A finding of substantial construction shall not be made unless, on April 9, 1981, the floor area was either vacant or occupied by residential or joint living-work quarters for artists use, and unless the expenditures prior to April 9, 1981 were significant in proportion to the costs of construction of the entire project, not including the costs of acquisition, demolition, professional fees or financing;

(2)        for all floor area for which the Board has made a finding that, as of the date said building permit lapsed, there was substantial construction in compliance with the approved plans pursuant to which said lapsed permit has been granted.  A finding of substantial construction shall not be made unless, as of the date said permit lapsed, the floor area was either vacant or occupied by residential or joint living-work quarters for artists use, and unless the expenditures prior to the date said permit lapsed were significant in proportion to the costs of construction of the entire project, not including the costs of acquisition, demolition, professional fees or financing. Notwithstanding anything to the contrary above, the building permit shall only be reinstated pursuant to the provisions of this Section, provided that for any portion of the building for which said permit is reinstated:

(i)        the conversion shall comply with the provisions of Sections 15-12, 15-24 or 42-14, paragraph D.(1)(e), as appropriate in the zoning district in which the building being converted is located, except that the Board may modify the requirements of Sections 15-12, 15-24 or 42-14, paragraph D.(1)(e), provided that the rooftop open space was not permitted under said building permit and the Board determines that the roof either is unsuited for open space use or cannot be made suitable for open space use at a reasonable cost;

(ii)        there shall be double glazing on all windows in all dwelling units or such other window treatment as the Board deems appropriate;

(b)        Building permits in Brooklyn Community Districts 1, 2, 6 and 8 and Queens Community Districts 1 and 2

If, before October 25, 1984, a building permit was lawfully issued for an alteration based upon plans filed and pending with the Department of Buildings on or before April 1, 1984, construction pursuant to such permit may be continued.

(c)        Variances

If, before April 9, 1981, in Manhattan Community Districts 1, 2, 3, 4, 5 and 6, or before October 25, 1984, in Brooklyn Community Districts 1, 2, 6 and 8 and Queens Community Districts 1 and 2, a variance to permit the conversion of a building or portion thereof, to residential or joint living-work quarters for artists use, which variance has not lapsed pursuant to the provisions of Section 72-23, and a building permit was issued in accordance with the terms of said variance for such conversion by the Department of Buildings within two years of the grant of said variance, construction pursuant to such permit may be continued, without regard to the other provisions of this Chapter.

Dwelling units converted pursuant to the provisions of this Section which are not subject to the provisions of this Chapter shall also not be subject to the provisions of Section 32-42 (Location Within Buildings).

(a)        In C5 and C6 Districts in Manhattan Community Districts 1, 2, 3, 4, 5 and 6, all existing lawful uses in Use Groups 17B or E in buildings erected prior to December 15, 1961, shall be considered conforming. Such uses may be extended within such buildings.

(b)        In C6-2M and C6-4M Districts in Manhattan Community Districts 1, 2, 3, 4, 5 and 6, all new uses listed in Use Groups 17B or E are permitted as-of-right in buildings erected prior to December 15, 1961, subject to the provisions of Section 32-42 (Location Within Buildings).

(c)        In M1-5 and M1-6 Districts located within the rectangle formed by West 23rd Street, Fifth Avenue, West 31st Street and Eighth Avenue, no new dwelling units shall be permitted.  However, dwelling units which the Chairperson of the City Planning Commission determines were occupied on September 1, 1980, shall be a permitted use provided that a complete application for a determination of occupancy is filed by the owner of the building or the occupant of a dwelling unit in such building not later than June 21, 1983. For the purposes of Article 7C of the New York State Multiple Dwelling Law, such a determination of residential occupancy on September 1, 1980, shall be deemed to permit residential use as-of-right for such dwelling units.

All dwelling units permitted pursuant to this paragraph (c) shall be required to comply with the requirements of Sections 15-22 (Number of Permitted Dwelling Units) or 15-024 (Special bulk regulations for certain pre-existing dwelling units, joint living-work quarters for artists and loft dwellings) where applicable, and with Section 15-23 (Light and Air Provisions).

Where the Chairperson of the City Planning Commission has determined that floor area was occupied as dwelling units on September 1, 1980, and where such dwelling units are located in a building which, on the date of application to the Department of City Planning under the provisions of this Section, also has floor area which is occupied by a use listed in Section 15-60 (REFERENCED COMMERCIAL AND MANUFACTURING USES), the Chairperson may permit that any floor area in the building be used for dwelling units provided that:

(1)        the total amount of floor area to be used for dwelling units does not exceed the amount of floor area occupied as dwelling units on September 1, 1980;

(2)        any use listed in Section 15-60 which is located on floor area to be used for dwelling units has been offered a new or amended lease within the building, with a minimum term of two years from the date of application, at a fair market rental for the same amount of floor area previously occupied, and such lease is not subject to cancellation by the landlord;

(3)        any residential tenant who occupied a dwelling unit shall be relocated to a dwelling unit within the building with a floor area equal to not less than 95 percent of the amount of floor area in the dwelling unit previously occupied; and

(4)        as a result of such action by the Chairperson, residential uses will be located on stories above manufacturing uses.

(d)        In M1-6 Districts located within the rectangle formed by West 35th Street, Fifth Avenue, West 40th Street and Sixth Avenue, no dwelling units shall be permitted, except that:

(1)        dwelling units which the Chairperson determines were occupied on May 18, 1981, shall be a permitted use provided that a complete application to permit such use is filed by the owner of the building or the occupant of the dwelling unit not later than June 21, 1983. For the purposes of Article 7C of the New York State Multiple Dwelling Law, such a determination of residential occupancy shall be deemed to permit residential use as-of-right for such dwelling unit.

(2)        in any building for which an alteration application for conversion of floor area used for non-residential use to dwelling units or for an extension or minor enlargement of existing residential use, was filed prior to May 18, 1981, dwelling units shall be permitted, provided that such alterations shall comply with the regulations in effect on the date of such filing.  The right to convert to dwelling units or extend or enlarge existing residential use pursuant to the provisions of this paragraph (d) shall expire one year from July 23, 1981, unless a temporary or permanent certificate of occupancy has been issued.

(e)        In C6-1G and C6-2G Districts, in all manufacturing and commercial buildings except police stations, courthouses and fire houses, or portions thereof, erected prior to December 15, 1961, residential use shall not be permitted unless the Commission has granted a special permit pursuant to Section 74-782 (Residential conversion in C6-1G, C6-2G, C6-2M, C6-4M, M1-5A, M1-5B, M1-5M and M1-6M Districts).  However, if the Chairperson determines that floor area in such buildings was occupied for residential use on April 1, 1984, such residential use shall be permitted to remain and no special permit shall be required, provided that a complete application for determination of occupancy is filed by the owner of the building or the occupant of a dwelling unit in such building not later than April 17, 1985.

(f)        In C8 and M1 Districts, no new dwelling units are permitted.  However, within such districts in the following areas:

(1)        Areas in Brooklyn Community District 1

(i)        bounded by South 10th Street, Berry Street, Division Avenue and Wythe Avenue;

(ii)        bounded by South 6th Street, Broadway, Driggs Avenue, South 8th Street and Wythe Avenue;

(iii        bounded by South 4th Street, Driggs Avenue, South 5th Street and Berry Street;

(iv)        bounded by North 4th Street, Berry Street, North 3rd Street and Wythe Avenue;

(v)        bounded by Metropolitan Avenue, Havemeyer Street, Hope Street and Roebling Street; and

(2)        Area in Brooklyn Community District 2, bounded by Water Street, Washington Street, Plymouth Street, Bridge Street, Front Street, Jay Street, York Street, Washington Street, Front Street and Dock Street;

dwelling units which the Commissioner of the Department of Buildings determines were occupied on June 4, 1981, and are located in a building in which more than 45 percent of the floor area consists of dwelling units that were occupied on June 4, 1981, shall be a permitted use, provided that a complete application for a determination of occupancy is filed by the owner of the building or the occupant of a dwelling unit in such building not later than May 30, 1986.

Such a determination of residential occupancy on June 4, 1981, shall be deemed to permit residential use as-of-right for such dwelling units.

Dwelling units converted under the provisions of this Chapter are not subject to the provisions of Section 32-42 (Location Within Buildings).

The owner or developer of a building converted under the provisions of this Chapter and containing one or more dwelling units and one or more commercial or manufacturing uses above the first story shall be required to notify all prospective residential occupants of such dwelling units that:

(a)        such dwelling units are located in a building containing commercial or manufacturing uses which the City is committed to maintain; and

(b)        such prospective occupants should make any investigation they deem necessary to determine that the conditions existing or permitted to exist are not offensive to such prospective occupant.

Prior to the issuance of a building permit, the owner or developer shall file an affidavit with the Department of Buildings that such notice will be provided in all residential leases and offering plans.

(a)        The minimum size, yard and density requirements of Sections 15-111, 15-22, 43-17 and 111-40 (REQUIREMENTS FOR LOFT DWELLINGS CONSTRUCTED PRIOR TO OCTOBER 13, 2010), may be replaced by the requirements of this Section for dwelling units, joint living-work quarters for artists or loft dwellings:

(1)        existing on September 1, 1980, for which a determination of residential or joint living-work quarters for artists occupancy has been made pursuant to Sections 15-021, paragraph (c), 15-215, 42-133, paragraph (a), 42-141, paragraph (b) or74-782; or

(2)        that are registered Interim Multiple Dwellings or are found covered by the New York City Loft Board pursuant to Article 7C of the New York State Multiple Dwelling Law; or

(3)        that the Loft Board determines were occupied for residential use or as joint living-work quarters for artists on September 1, 1980.

(b)        Unless required by the Loft Board for the legalization of Interim Multiple Dwelling Units in the implementation of Article 7C of the New York State Multiple Dwelling Law, dwelling units or joint living-work quarters for artists described in paragraph (a) and existing on such dates may not be divided subsequently into units or quarters of less than 1,200 square feet, and loft dwellings may not be divided subsequently into dwellings that do not meet the requirements of Section 111-40.

No building that meets the density requirements of Section 15-111 or paragraph (c) of Section 111-40, may subsequently add additional units or quarters except in accordance thereof. No building to which the regulations of this Section have been applied may subsequently add additional units or quarters except in accordance with the requirements of Sections 15-111.

(c)        In lieu of the stated minimum size, yard, and density requirements of Sections 15-111, 15-22, 43-17 and 111-40, the following regulations shall apply:

(1)        The minimum size of a dwelling unit, joint living-work quarters for artists, or loft dwelling may be no less than 415 square feet of floor area, provided that all of the following requirements are met:

(i)        the unit or quarters shall contain one or more windows that open onto a street or 30 foot yard;

(ii)        the area of such required window shall be not less than eight percent of the floor area of the unit or quarters and 50 percent of the area of such required window shall be openable; and

(iii)        the interior dimension of the wall in which such required window is located shall be no less than 12 feet in width; or

(2)        The minimum size of a dwelling unit, joint living-work quarters for artists, or loft dwelling may be no less than 600 square feet of floor area, provided that all of the following requirements are met:

(i)        the unit or quarters shall contain one or more windows that open onto either:

(a)        a 10 foot yard, where the window sill of such required window is at least 23 feet above curb level;

(b)        a 15 foot yard, where the window sill of such required window is less than 23 feet above curb level;

(c)        a court with a minimum dimension of 15 feet perpendicular to such required window and 375 square feet or more in area; or

(d)        a street;

(ii)        the minimum horizontal distance between such required window opening onto a yard and any wall opposite such window on the same or another zoning lot shall be at least 15 feet;

(iii)        the area of such required window shall be no less than five percent of the floor area of the unit or quarters, and 50 percent of the area of such required window shall be openable;

(iv)        the interior dimension of the wall in which such required window is located shall be no less than 12 feet in width;

(v)        the average width of such unit or quarters shall be no less than 14 feet; and

(vi)        not less than two-thirds of the floor area of the unit or quarters shall have a floor-to-ceiling height of nine feet or more.

For the conversion of non-residential floor area to residences, the applicable density requirements shall be modified in accordance with the provisions of Section 15-111 (Number of permitted dwelling units), and the regulations governing open space ratio, yards, the minimum distance between two or more buildings on a single zoning lot and the minimum distance between windows and walls or lot lines are hereby superseded and replaced by the requirements of Sections 15-112 (Light and air provisions) and 15-12 (Open Space Equivalent).

The maximum number of dwelling units permitted shall be determined in accordance with the applicable district regulations. However, where the total floor area on the zoning lot exceeds the maximum floor area permitted by the applicable district regulations, such excess floor area may be converted in its entirety to residences. Such excess floor area shall be included in the amount of floor area divided by the applicable factor in Section 23-20 (DENSITY REGULATIONS).

For the conversion of non-residential floor area to residences, pursuant to Section 74-71 (Landmark Preservation), in C7, C8 and Manufacturing Districts, the maximum number of dwelling units shall equal the total floor area to be converted to residential use divided by the applicable factor listed in the following table. Fractions equal to or greater than three quarters resulting from this calculation shall be considered to be one dwelling unit.

MAXIMUM NUMBER OF DWELLING UNITS

District

Factor

C7 C8-1 C8-2 M1-1 M1-2 M2-1 M2-3 M3

680

C8-3 C8-4 M1-4  M1-5  M2-2  M2-4

740

M1-6

790

In addition, the following provisions shall apply:

No floor area shall be converted to rooming units. Dwelling units may be distributed anywhere within a building provided that any portion of a dwelling unit located in a cellar shall also comply with the provisions of Section 15-112 (Light and air provisions).

Mezzanines constructed pursuant to Chapter 26 of the Administrative Code shall be allowed within individual dwelling units provided that the gross area of such mezzanine does not exceed 33 1/3 percent of the floor area contained within such dwelling unit. Such mezzanines are permitted only in buildings with an existing floor area ratio of 12 or less, and only between floors, or between a floor and a roof, existing on January 22, 1998, that are to remain. Such mezzanines shall not be included as floor area for the purpose of calculating the minimum required size of a dwelling unit or for calculating floor area devoted to dwelling units.

The density provisions of this Section may be replaced by the regulations of Section 15-024 for dwelling units that are registered Interim Multiple Dwellings or are covered by the New York City Loft Board pursuant to Article 7C of the New York State Multiple Dwelling Law or that the Loft Board determines were occupied for residential use on September 1, 1980.

(a)        Spaces other than rooms:

(1)        Mezzanines shall be lit and ventilated in accordance with the provisions of Section 27-732 (Natural light requirements) and Article 6 (Standard of Natural Ventilation) of the New York City Building Code.

(2)        Cellar space is not permitted in dwelling units with three and one-half rooms or fewer, unless such dwelling units contain at least 1,200 square feet of interior floor area.

(3)        Spaces, other than "living rooms," kitchens, bathrooms or mezzanines, with a minimum width of five feet in the narrowest dimension measured perpendicular to a wall enclosing such space, are not permitted in dwelling units with two rooms or fewer, unless such dwelling units contain at least 1,200 square feet of interior floor area.

(b)        Every dwelling unit shall meet the light and air requirements of Section 277 of the Multiple Dwelling Law.

(c)        Width to depth ratio

Where there is more than one dwelling unit per story, the average width of each dwelling unit shall be at least one fourth of the depth. Depth is the farthest point within the dwelling unit from the exterior building wall containing windows used to meet the requirements of paragraph (b) of this Section, measured perpendicular to such building wall.  Width is the distance between exterior dwelling unit walls measured perpendicular to the depth.

At least 30 percent of the gross roof area of a building containing 15 dwelling units shall be provided for recreational use. For each additional dwelling unit, 100 square feet of additional roof area shall be provided for recreational use, up to a maximum of 50 percent of the gross roof area. This recreational area shall be accessible to all the occupants of said building and their guests.  No fees shall be charged to the occupants or their guests.  The provisions of this Section may be modified pursuant to Section 15-30 (MINOR MODIFICATIONS).

(a)        In C6 Districts, the home occupation provisions of Section 12-10 (DEFINITIONS - Home occupation) shall apply, except that up to 49 percent of the total floor area of a dwelling unit may be used for a home occupation.

(b)        In C5 and C6 Districts, in Manhattan, in the area south of Murray Street and its easterly prolongation and the Brooklyn Bridge, the home occupation provisions of Section 12-10 shall apply, except that up to 49 percent of the total floor area of a dwelling unit may be used for a home occupation.

In addition:

(1)        businesses operated as home occupations may have up to three non-residential employees; and

(2)        notwithstanding the listing of specific uses prohibited in the definition of home occupations in Section 12-10, a home occupation may include any permitted commercial use, except beauty parlors, veterinary medicine and those uses listed in Use Group 12.

Such home occupation may occupy more than 500 square feet of floor area and, for the purposes of this Section, mezzanines shall be counted as floor area.

(a)        The lot area requirements of the following Sections are hereby superseded and replaced with the requirements of Sections 15-21 and 15-22 for the conversion of non-residential floor area to residences:

Sections 23-20 (DENSITY REGULATIONS) through 23-26 (Special Provisions for Zoning Lots Divided by District Boundaries);

Section 24-20 (APPLICABILITY OF DENSITY REGULATIONS TO ZONING LOTS CONTAINING BOTH RESIDENTIAL AND COMMUNITY FACILITY USES);

Section 35-40 (APPLICABILITY OF DENSITY REGULATIONS); and

Section 54-31 (Enlargements or Conversions).

In addition, the regulations governing open space ratio, yards, the minimum distance between two or more buildings on a single zoning lot and the minimum distance between windows and walls or lot lines are hereby superseded and replaced by the requirements of Sections 15-23 and 15-24.

(b)        In C6-2M, C6-4M, M1-5M and M1-6M Districts, the requirements of Section 15-21 (Use Regulations - Transfer of Preservation Obligations and Conversion Rights) may be waived by authorization of the City Planning Commission in connection with the conversion of all or any portion of a building to a residential use, provided that:

(1)        such building is either a landmark or lies within a Historic District designated by the Landmarks Preservation Commission;

(2)        any alterations to the subject building, required in connection with such conversion to residential use, have received a Certificate of Appropriateness or other permit from the Landmarks Preservation Commission;

(3)        a program has been established for continuing maintenance that will result in the preservation of the subject building or buildings as evidenced by a report from the Landmarks Preservation Commission; and

(4)        such buildings, or portions thereof, being converted to residential use, shall comply with the density requirements set forth in paragraph (a)(3) of Section 74-711 (Landmark preservation in all districts).

In order to grant an authorization, the City Planning Commission shall find that such waiver shall have minimal adverse effects on the conforming uses located within the building and in the surrounding area.

The City Planning Commission may prescribe appropriate additional conditions and safeguards in order to enhance the character of the building and to minimize adverse effects on the character of the surrounding area.

In C6-2M, C6-4M, M1-5M and M1-6M Districts, the conversion of floor area to residences in existing buildings, or portions thereof is permitted subject to the certification by the Chairperson of the City Planning Commission that floor area has been preserved for commercial or manufacturing uses in accordance with the provisions of this Section. For the purposes of this Section only, the following mixed-use areas are defined:

Southeast Chelsea — All C6-2M, C6-4M, M1-5M and M1-6M Districts between 13th Street and 23rd Street, and between Park Avenue and Eighth Avenue.

Garment Center East — The C6-4M District located between West 34th Street and West 35th Street, and between Seventh Avenue and Eighth Avenue.

The amount or configuration of floor area to be preserved may be modified in accordance with the provisions of Section 15-215 (Modification for existing dwelling units).

The amount of floor area to be preserved for permitted commercial or permitted manufacturing uses shall be in accordance with Table I of this Section, if the floor area to be converted is located in a C6-2M or C6-4M District, and in accordance with Table II of this Section, if the floor area to be converted is located in an M1-5M or M1-6M District, unless modified by the City Planning Commission pursuant to Section 15-51. Such floor area shall be comparable to the floor area to be converted, as required by Section 15-213.

Such floor area may be preserved in the building to be converted, or in any other building within the same mixed-use area, as defined in Section 15-21.

Except as provided in Section 15-215, floor area may not be preserved on portions of floors. If the floor area which must be preserved includes a fraction of a floor, the next highest number of full floors must be preserved for permitted commercial or permitted manufacturing uses. Floor area used for home occupations may not be used to meet the requirements of floor area and stories which must be preserved for commercial or manufacturing use. No accessory living or sleeping accommodations shall be permitted in the floor area preserved for permitted commercial or permitted manufacturing uses.

All requirements for preservation of floor area shall be determined by the entire lot area of the zoning lot, and by the total floor area of the building to be converted, regardless of the amount of floor area being converted within the building. For the purposes of this Section, any portion of the building to be converted that has a residential certificate of occupancy shall be excluded from the building's total floor area.

Any building that has been partially converted pursuant to Section 15-21 and has complied with the preservation requirements of such Section, shall not be required to preserve additional floor area for any subsequent conversion.

TABLE I

FOR CONVERSION IN C6-2M OR C6-4M DISTRICTS

FLOOR AREA PRESERVED FOR PERMITTED COMMERCIAL OR

PERMITTED MANUFACTURING USE*

Lot area

Percentage of building's

total floor area

to be preserved

less than 5,000 sq. ft.

33.3

5,000 sq. ft. or more but less than 10,000 sq. ft.

50.0

10,000 sq. ft. or more

66.6

TABLE II

FOR CONVERSION IN Ml-5M OR Ml-6M DISTRICTS

FLOOR AREA PRESERVED FOR PERMITTED COMMERCIAL OR

PERMITTED MANUFACTURING USE*

Lot area

Percentage of building's total floor area

to be preserved

less than 5,000 sq. ft.

33.3

5,000 sq. ft. or more but less than 10,000 sq. ft.

66.6

10,000 sq. ft. or more

66.6

________

*        All requirements for preservation of floor area shall be determined by the entire lot area of the zoning lot, and by the total floor area of the building to be converted, regardless of the amount of floor area being converted within the building.

Notwithstanding the provisions of Section 15-211, Table I as set forth in this Section may be substituted for Table I in Section 15-211, and Table II in this Section may be substituted for Table II in Section 15-211 governing the amount of floor area to be preserved, provided that such preserved floor area will be occupied by a commercial or manufacturing use that has been in occupancy for two years prior to the application for a certification under the provisions of Section 15-21 or by a use listed in Section 15-60 (REFERENCED COMMERCIAL AND MANUFACTURING USES), and subject to the following conditions:

(a)        Where the preserved floor area is occupied by an existing commercial or manufacturing use for two years immediately preceding the date of application for a certification under Section 15-21, or where the preserved floor area is occupied by a use listed in Section 15-60, the landlord shall present a lease, signed by both the landlord and such tenant, and certified as recorded by the Office of the City Register of New York County.

Such lease shall:

(1)        be for a period of not less than three years from the date of application for such certification with provision for two years renewal at the tenant's option; and

(2)        not be subject to cancellation by the landlord.

(b)        Where the preserved floor area is occupied by any such use for two years immediately preceding the date of application under Section 15-21, and such occupant is the owner of said floor area, the Chairperson of the City Planning Commission shall require that the certificate of occupancy designate the preserved floor area for a use listed in Section 15-60 for a period of five years from the date of such certification.

(c)        Where the preserved floor area will be occupied by a use listed in Section 15-60 but no such tenant is yet occupying the floor area, the owner shall covenant to preserve such floor area for a use listed in Section 15-60, in the legal commitment required pursuant to Section 15-214.

TABLE I

FOR CONVERSION IN C6-2M OR C6-4M DISTRICTS

REDUCED FLOOR AREA AND FLOORS PRESERVED FOR PERMITTED

COMMERCIAL OR PERMITTED MANUFACTURING USE*

Lot area

Percentage of building's total floor area

to be preserved

less than 5,000 sq. ft.

one floor, plus, in buildings of more than 6 stories,

25% of the floor area

in excess of 6 stories

5,000 sq. ft. or more but

less than 10,000 sq. ft.

33.3

10,000 sq. ft. or more

50.0

TABLE II

FOR CONVERSION IN M1-5M OR M1-6M DISTRICTS

REDUCED FLOOR AREA AND FLOORS PRESERVED FOR PERMITTED

COMMERCIAL OR PERMITTED MANUFACTURING USE*

Lot area

Percentage of building's total floor area to be preserved

less than 5,000 sq. ft.

one floor, plus, in buildings of more than 6 stories,

25% of the floor area

in excess of 6 stories

5,000 sq. ft. or more but

less than 10,000 sq. ft.

50

10,000 sq. ft. or more

50

*All requirements for preservation of floor area shall be determined by the entire lot area of the zoning lot, and by the total floor area of the building to be converted, regardless of the amount of floor area being converted within the building.

Where the floor area to be preserved is not located within the building to be converted, such floor area must be comparable to floor area in the building to be converted.  Comparability, shown by an affidavit from a professional engineer or a registered architect, licensed under the laws of the State of New York, shall exist where the floor area to be preserved meets the following criteria:

(a)        Elevators: load and number

The load and number requirements of this paragraph shall not apply when the floor area to be preserved is located on the ground floor or has level access to a street or loading facility.

(1)        Load

Each elevator shall have a minimum load of 2,000 pounds. The total load of all elevators servicing the floor area to be preserved shall be in accordance with the following ratio:

Total load

is greater than or equal to 80% of

Total load

Gross floor area of building to be preserved

Gross floor area of building to be converted

(2)        Number

There shall be a minimum of two elevators. The number of elevators servicing the floor area to be preserved shall be in accordance with the following ratio:

Number of elevators

is greater than or equal to 80% of

Number of elevators

Gross floor area of building to be preserved

Gross floor area of building to be converted

Notwithstanding the above, where there is only one elevator servicing the floor area to be converted, there may be one elevator servicing the floor area to be preserved if the following exist:

(i)        the floor area to be serviced by the elevator in the building to be preserved does not exceed the floor area serviced by the elevator in the building to be converted by more than 10 percent; and

(ii)        the ratio of the volume of the elevator servicing the floor area to be preserved to the floor area to be preserved is at least 90 percent of the ratio of the volume of the elevator servicing the floor area to be converted to the floor area to be converted.

If the number of elevators required pursuant to the above ratio includes a fraction of an elevator, this fraction shall be rounded to the nearest whole number.

(b)        Floor load

The floors shall have a minimum live load capacity of 100 pounds per square foot (100 psf).

(c)        Size of floors

(1)        The floor area shall be located on floors of not less than 3,000 square feet or 50 percent of the size of the floors in the building to be converted, whichever is greater.

(2)        Floor area may not be preserved on portions of floors.

(d)        Loading facilities

The loading facilities shall be at least equal in number to those in the building to be converted.  In addition, if such building has an off-street loading dock, the building containing the floor area to be preserved must have such off-street loading facilities.

(e)        Column spacing

There shall be a minimum distance between columns of 15 feet, measured on center.  In addition, the average distance between columns shall not be less than 90 percent of the average distance between columns in the building to be converted.

(f)        Height of stories

The stories shall have an average minimum height of 10 feet.

The Chairperson of the City Planning Commission may authorize a modification of the requirements listed in paragraphs (a), (c)(1) or (d) of this Section, pursuant to the regulations of paragraph (c) of Section 15-30 (MINOR MODIFICATIONS).

(a)        Prior to the issuance of an alteration permit for the conversion of floor area to residential use, the Chairperson of the City Planning Commission shall certify compliance with the requirements of Section 15-21 upon proof of a legal commitment to preserve and maintain the required floor area for permitted commercial or permitted manufacturing use. Such legal commitment shall be executed by all parties having any interest in the floor area to be preserved as shown by a certificate issued by a title insurance company licensed to do business in the State of New York showing all such parties in interest.

A "party in interest" in the tract of land shall include only (W) the fee owner thereof, (X) the holder of any enforceable recorded interest superior to that of the fee owner and which could result in such holder obtaining possession of all or substantially all of such tract of land, (Y) the holder of any enforceable recorded interest in all or substantially all of such tract of land which would be adversely affected by the preservation as required herein, and (Z) the holder of any unrecorded interest in all or substantially all of such tract of land which would be superior to and adversely affected by the preservation required herein and which would be disclosed by a physical inspection of the tract of land.

A copy of the legal commitment required herein shall be recorded in the Conveyances Section of the Office of the City Register of New York County upon certification.

(b)        The floor area to be preserved shall not already have been preserved by a legal commitment under the provisions of Section 15-21, as evidenced by the report from the title company issued pursuant to (a) above.

(c)        When preservation obligations pursuant to Section 15-211 or 15-212 are transferred between buildings, the amount of floor area required to be preserved shall not be reduced by the existence of a previously issued legal commitment for preservation on a portion of the floor area in the building.

(d)        Any building that has been partially converted pursuant to Section 15-21 and has complied with the preservation requirements of such Section, shall not be required to preserve additional floor area for any subsequent conversion.

The requirements of Section 15-211 or 15-212 regarding the amount or configuration of floor area to be preserved for permitted commercial or permitted manufacturing uses may be modified by the Chairperson of the City Planning Commission provided that:

(a)        such floor area has a residential certificate of occupancy, or consists of registered Interim Multiple Dwellings, or is found covered by the New York City Loft Board pursuant to Article 7C of the New York State Multiple Dwelling Law, or was occupied as dwelling units as of September 1, 1980, and a complete application for determination of occupancy has been filed with the Department of City Planning by the owner of the building or the occupant of a dwelling unit in the building not later than June 21, 1983.  For the purposes of Article 7C of the New York State Multiple Dwelling Law, such a determination of residential occupancy shall be deemed to permit residential use as-of-right for such floor area; and

(b)        as a result of such residential occupancy, the remaining amount of floor area in the building is less than the amount required to be preserved for permitted commercial or manufacturing uses pursuant to Section 15-211 or 15-212, or consists of portions of floors.

Such modification of the preservation requirement shall be the minimum necessary in order to permit the legalization of existing dwelling units for which a determination of occupancy has been made.

Notwithstanding the above, the Chairperson of the City Planning Commission shall not issue a certification pursuant to Section 15-21 until an application for such certification and modification is submitted by the owner of the building.

(a)        In buildings where floor area is converted to residences under Section 15-21 (Use Regulations — Transfer of Preservation Obligations and Conversion Rights) where there is more than one dwelling unit per story, there shall be a minimum dwelling unit size of 1,200 square feet of interior floor area unless modified pursuant to Section 15-30 (MINOR MODIFICATIONS).

However, the minimum dwelling unit size requirement may be replaced by the requirements of Section 15-026 for dwelling units existing on September 1, 1980:

(1)        for which the Chairperson of the City Planning Commission has made a determination of residential occupancy on September 1, 1980, pursuant to Section 15-021, paragraph (c) or Section 15-215; or

(2)        that are registered Interim Multiple Dwellings or are found covered by the New York City Loft Board pursuant to Article 7C of the New York State Multiple Dwelling Law; or

(3)        that the Loft Board determines were occupied for residential use on September 1, 1980.

Dwelling units existing on September 1, 1980 may not be subsequently divided into units of less than 1,200 square feet, unless required by the Loft Board for the legalization of Interim Multiple Dwelling Units in the implementation of Article 7C of the New York State Multiple Dwelling Law.

(b)        For the purposes of this Section only, mezzanines constructed pursuant to Chapter 26 of the Administrative Code shall be allowed within individual dwelling units provided that the gross area of such mezzanine does not exceed 33 and 1/3 percent of the floor area contained within such dwelling unit.  Such mezzanines are permitted only in buildings with an existing floor area ratio of 12 or less, and only between floors, or between a floor and a roof, existing on January 22, 1998, that are to remain. Such mezzanines shall not be included as floor area for the purpose of calculating the minimum required size of a dwelling unit or for calculating floor area devoted to dwelling units.

(a)        Every dwelling unit shall meet the light and air requirements of Section 277 of the Multiple Dwelling Law.

(b)        Mezzanines shall be lit and ventilated in accordance with the provisions of Section 27-732 (Natural light requirements) and Article 6 (Standard of Natural Ventilation) of the New York City Building Code.

(c)        Width to depth ratio

Where there is more than one dwelling unit per story, the average width of each dwelling unit shall be at least one-fourth of the depth. Depth is the farthest point within the dwelling unit from the exterior building wall containing windows used to meet the requirements of paragraph (a) of this Section, measured perpendicular to such building wall. Width is the distance between exterior dwelling unit walls measured perpendicular to the depth.

At least 30 percent of the gross roof area of a building containing 15 dwelling units shall be provided for recreational use. For each additional dwelling unit, 100 square feet of additional roof area shall be provided for recreational use, up to a maximum of 50 percent of the gross roof area. This recreational area shall be accessible to all the occupants of said building and their guests. No fees shall be charged to the occupants or their guests. The provisions of this Section may be modified pursuant to Section 15-30 (MINOR MODIFICATIONS).

A home occupation may occupy a dwelling unit as an accessory use in excess of the floor area limitations of Section 12-10 (DEFINITIONS), and subject to the following:

(a)        Businesses operated as home occupations may have up to three non-residential employees.

(b)        In addition to the uses listed in Section 12-10, a home occupation may include a permitted commercial or permitted manufacturing use.  It shall not include the sale of merchandise produced elsewhere.

(c)        The Commissioner of Buildings may issue rules and regulations setting forth appropriate standards to implement the intent of this Section.

All residential trash shall be consolidated with the trash from the commercial or manufacturing use tenants and collected in the same manner as the trash from such commercial or manufacturing tenants. Such collection shall be the responsibility of the owner of the building or portion thereof.

On application, the Chairperson of the City Planning Commission may grant minor modifications to the following provisions of this Chapter:

(a)        The requirements of paragraph (a) of Section 15-22, relating to dwelling unit size may be modified provided that the Chairperson has administratively certified to the Department of Buildings that the division of one or more stories into dwelling units with an area of at least 1,200 square feet cannot be accomplished without practical difficulties because the floor area of such story, exclusive of exterior walls, and common areas, is within five percent of a multiple of 1,200 square feet.

(b)        The requirements of Sections 15-12 and 15-24 relating to the open space equivalent may be modified provided that the Chairperson has administratively certified to the Department of Buildings that the roof either is unsuited for open space use or cannot be made suitable for open space use at reasonable cost.

(c)        The requirements of paragraphs (a) or (d) of Section 15-213 (Comparability) relating to comparability of elevators or loading facilities may be modified provided that the Chairperson has administratively certified to the Department of Buildings that the elevators or loading facilities serving the floor area to be preserved provide facilities for manufacturing or commercial uses that are equivalent or superior to those serving the floor area to be converted.

The requirements of paragraph (c)(1) of Section 15-213 relating to comparability of size of floors may be modified provided that the Chairperson has administratively certified to the Department of Buildings that the floor area to be preserved consists of floors that are of equivalent or larger size than the floors in the building to be converted.

A developer must send a copy of any request for modification pursuant to this Section to the applicable Community Board at least 20 days prior to the next regularly scheduled Board meeting.  If the Community Board chooses to comment on such requests it must do so within 31 days of such notification.

In all Commercial and Residence Districts, for enlargements of buildings converted to residences, the City Planning Commission may authorize:

(a)        a waiver of the requirements of Section 15-12 (Open Space Equivalent) for the existing portion of the building converted to residences; and

(b)        the maximum floor area ratio permitted pursuant to Section 23-151 for the applicable district without regard for height factor or open space ratio requirements.

In order to grant such authorization, the Commission shall find that:

(1)        the enlarged building is compatible with the scale of the surrounding area;

(2)        open areas are provided on the zoning lot that are of sufficient size to serve the residents of the building. Such open areas, which may be located on rooftops, courtyards, or other areas on the zoning lot, shall be accessible to and usable by all residents of the building, and have appropriate access, circulation, seating, lighting and paving;

(3)        the site plan includes superior landscaping for all open areas on the zoning lot, including the planting of street trees; and

(4)        the enlarged building will not adversely affect structures or open space in the vicinity in terms of scale, location and access to light and air.

The Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In C6-1G, C6-2G, C6-2M, C6-4M, M1-5M and M1-6M Districts, the City Planning Commission may permit modification of the requirements of Sections 15-021 paragraph (e), or 15-21 in accordance with the provisions of Sections 74-711 (Landmark preservation in all districts) or 74-782 (Residential conversion in C6-1G, C6-2G, C6-2M, C6-4M, M1-5A, M1-5B, M1-5M and M1-6M Districts).

The following uses shall be applicable to Sections 15-021, 15-212 and 73-53.

In Use Group 7B:

Exterminators

Gun repair

Sailmaking establishments

Taxidermists' shops

Trade embalmers

Window cleaning contracting establishments

In Use Group 8B:

Upholstering shops

In Use Group 9A:

Blueprinting or photostatting establishments

Medical or dental laboratories

Musical instrument repair shops

Plumbing, heating or ventilating equipment showrooms

Printing establishments

Studios - art, music, dancing or theatrical

Typewriter or other small business machine sales, rental or repairs

Umbrella repair shops

In Use Group 9B:

Hair products for head wear, wholesaling

In Use Group 10A:

Depositories for storage of office records, etc.

Photographic or motion picture production studios, radio or television studios.

In Use Group 10B:

All uses

In Use Group 11A:

All uses

In Use Group 11B:

All uses

In Use Group 16A:

Blacksmith shops

Carpentry, custom woodworking or furniture making shops

Electrical, glazing, heating, painting, paperhanging, plumbing, roofing or ventilating contractor=s establishments

Household or office equipment or machinery repair shops

Machinery rental or sales establishments

Mirror silvering or glass cutting shops

Poultry or rabbit killing establishments

Sign painting shops

Silver plating shops

Soldering or welding shops

Tool, die or pattern-making establishments or similar small machines

In Use Group 16D:

Carpet cleaning establishments

Dry cleaning or cleaning and dyeing establishments

Laundries

Linen, towel or diaper supply establishments

Moving or storage offices

Packing or crating establishments

Photographic developing or printing establishments

Warehouses

Wholesale establishments

In Use Group 17A:

Building material and contractor's yards

Produce or meat markets, wholesale

In Use Group 17B:

All uses

In Use Group 17C:

Trucking terminals or motor freight stations

The provisions of this Chapter establish special comprehensive regulations for off-street parking in the Long Island City area, as defined in Section 16-02 (Definitions).

These regulations will allow parking to be provided in a manner that supports a mass transit and pedestrian-oriented central mixed use district.

Except as modified by the express provisions of this Chapter, the regulations of the underlying zoning districts shall remain in effect.

Long Island City area

For the purposes of this Chapter, "Long Island City area" shall refer to the area within the boundaries shown on the map in Section 16-03.

The Long Island City area is shown on the following map for the purpose of specifying areas where special regulations and requirements set forth in this Chapter apply.

Long Island City Area

Areas A, B and C are established within the Long Island City area, the boundaries of which are shown on the map in Section 16-03.

The provisions of this Chapter shall apply to accessory off-street parking facilities, public parking lots and public parking garages, as set forth in this Section.

(a)        For accessory off-street parking facilities, public parking garages and public parking lots constructed prior to October 25, 1995, the number of parking spaces required or permitted shall be set forth in Section 16-07 (Existing Buildings and Off-street Parking Facilities).

(b)        For accessory off-street parking facilities, public parking lots and public parking garages developed or enlarged after October 25, 1995, the number of parking spaces permitted in a parking facility shall be as set forth in Section 16-10 (PERMITTED OFF-STREET PARKING IN THE LONG ISLAND CITY AREA). Special rules shall apply to all such accessory off-street parking spaces, public parking lots and public parking garages, as set forth in Section 16-20.

(c)        Any increase in the number of off-street parking spaces in an accessory off-street parking facility, public parking lot or public parking garage resulting in a capacity not otherwise allowed under the applicable regulations of Section 16-10, shall be permitted only by the City Planning Commission, pursuant to the applicable special permit in Section 16-35 (Special Permits), inclusive.

The provisions of this Chapter shall not apply to large-scale residential developments utilizing Sections 78-41 (Location of Accessory Parking Spaces) or 78-42 (Parking Regulations for Commercial and Community Facility Uses).

In addition to the provisions of this Chapter, further requirements relating to the Long Island City area can be found in the following Special Purpose Districts:

(a)        the Special Long Island City Mixed Use District, as set forth in Section 117-54 (Off-street Parking and Loading Regulations); and

(b)        the Special Southern Hunters Point District, as set forth in Section 125-50 (PARKING REGULATIONS), inclusive.

Any authorization or special permit relating to parking regulations in the Long Island City area granted by the City Planning Commission or Board of Standards and Appeals prior to October 25, 1995, may be started or continued, in accordance with the terms thereof, or as such terms may subsequently be modified, pursuant to the regulations in effect at the time such authorization or special permit was granted. Such authorizations or special permits shall be subject to the provisions of Sections 11-42 (Lapse of Authorization of Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution) and 11-43 (Renewal of Authorization or Special Permit). However, the provisions of this Chapter shall apply to the renewal of any special permit or authorization for a public parking lot.

Any subsequent modifications to such authorizations or special permits that involve an increase in the number of off-street parking spaces provided shall only be permitted by the applicable special permit provisions of Section 16-35.

The provisions of this Section shall apply to existing required or permitted accessory off-street parking spaces, public parking lots and public parking garages, established prior to October 25, 1995, in the Long Island City area, as applicable, and to existing buildings developed without the provision of parking.

(a)        Existing parking facilities

Within the Long Island City area, existing required or permitted accessory off-street parking spaces, public parking lots and public parking garages established prior to October 25, 1995, shall be subject to the applicable zoning district regulations in effect prior to October 25, 1995, except that:

(1)        any reduction or elimination of existing accessory off-street parking spaces that were required under the applicable provisions in effect prior to October 25, 1995, shall not be permitted; and

(2)        enlargements, extensions or any increase in the number of off-street parking spaces within such off-street parking facilities that result in a capacity not otherwise allowed under the applicable regulations of Section 16-10 (PERMITTED OFF-STREET PARKING IN THE LONG ISLAND CITY AREA) shall only be permitted by special permit by the City Planning Commission pursuant to the applicable provisions of Section 16-35 (Special Permits).

(b)        Existing buildings developed without parking

Within the Long Island City area, existing buildings developed without the provision of parking may add up to 15 accessory off-street parking spaces only where the City Planning Commission authorizes such additional spaces pursuant to the provisions of Section 16-341 (Limited increase in parking spaces for existing buildings without parking).

No parking shall be required for the Long Island City area. Off-street parking spaces located within accessory off-street parking facilities, public parking lots and public parking garages in the Long Island City area shall be allowed only as set forth in this Section, inclusive.

All such parking facilities shall be subject to the applicable regulations set forth in Section 16-20.

Accessory off-street parking spaces are permitted for residences in developments or enlargements, as follows:

(a)        within Area A, as shown on the map in Section 16-03, accessory off-street parking spaces may be provided for not more than 50 percent of the total number of new dwelling units contained in the development or enlargement, or 200 spaces, whichever is less.

(b)        within Areas B and C, as shown on the map, accessory off-street parking spaces may be provided for not more than 100 percent of the total number of new dwelling units contained in the development or enlargement.

All such accessory off-street parking spaces shall be used exclusively by the occupants of the residential development or enlargement.  

Accessory off-street parking spaces are permitted for non-residential uses in developments or enlargements, as follows:

(a)        Transient hotels

For transient hotel developments or enlargements, a maximum of 150 accessory off-street parking spaces are permitted if there is only one entrance to the accessory group parking facility and a maximum of 225 accessory off-street parking spaces are permitted if there are two or more entrances. In no event may the number of parking spaces exceed 50 percent of the number of new transient hotel rooms. All such parking spaces shall be used primarily for the personnel, guests and occupants of the transient hotel.

(b)        Hospitals

For hospital developments or enlargements in Area A, as shown on the map in Section 16-03, a maximum of 150 accessory off-street parking spaces, open or enclosed, are permitted if there is only one entrance to the accessory group parking facility and a maximum of 225 accessory off-street parking spaces, open or enclosed, are permitted if there are two or more entrances.

For hospital developments or enlargements within Areas B and C, as shown on the map, accessory off-street parking may be provided in accordance with the underlying district regulations.

All such parking spaces are to be used exclusively by the hospital staff, patients and visitors.

(c)        Other commercial, community facility and manufacturing uses

For developments or enlargements in Area A containing community facility uses other than hospitals, commercial uses other than transient hotels, or manufacturing uses, the maximum number of accessory off-street parking spaces permitted shall not exceed one space per 4,000 square feet of such community facility, commercial or manufacturing floor area, or 100 spaces, whichever is less. All such parking spaces shall be used exclusively by the tenants or employees of the development or enlargement and shall not be available to the public.

Within Areas B and C, the maximum number of accessory off-street parking spaces permitted for each development, enlargement or alteration shall not exceed one space per 4,000 square feet of floor area, or 100 spaces, whichever is less. In the event that the permitted number of accessory off-street spaces would be less than 15 spaces, an accessory parking facility of up to 15 spaces may be provided. All spaces shall be used exclusively by the tenants or employees of the development or enlargement and shall not be available to the public.

Where a development or enlargement contains a combination of uses for which parking regulations are set forth in Sections 16-11 (Permitted Parking for Residences) and 16-12 (Permitted Parking for Non-residential Uses), the number of accessory off-street parking spaces for all such uses shall not exceed the number of spaces permitted for each use in accordance with the provisions of such Sections. However, in no event shall the maximum number exceed 225 accessory off-street parking spaces. The exclusive or primary use provisions of Sections 16-11 and 16-12 shall be applicable to the number of spaces provided for each use.

Public parking lots shall not be permitted within the Long Island City area, except where authorized by the City Planning Commission in accordance with the provisions of Section 16-342.

Within Areas A or B, as shown on the map in Section 16-03, public parking garages shall be permitted only in accordance with the special permit provisions of Section 16-352. However, notwithstanding any underlying district regulations, within Subarea C, as shown on the map, public parking garages with a maximum capacity of 150 spaces shall be permitted as-of-right within any zoning district.

Car sharing vehicles and commercial vehicle parking for motor vehicles not exceeding a length of 20 feet shall be permitted, as follows:

(a)        Accessory off-street parking facilities

Car sharing vehicles may occupy parking spaces in an accessory off-street parking facility, provided that such car sharing vehicles shall not exceed 20 percent of all parking spaces in such facility, or five spaces, whichever is greater. Accessory residential off-street parking spaces shall be made available to the occupant of a residence to which it is accessory within 30 days after a written request therefor is made to the landlord.

(b)        Public parking garages and public parking lots

(1)        Car sharing vehicles shall be permitted within public parking garages and, where authorized pursuant to Section 16-342, public parking lots, provided such vehicles do not exceed, in total, 40 percent of the total number of parking spaces permitted.

(2)        Commercial vehicle parking for motor vehicles not exceeding a length of 20 feet shall be permitted within public parking garages and, where authorized pursuant to Section 16-342, public parking lots, provided that the total amount of parking spaces occupied by commercial vehicles shall not exceed 10 percent of the total number of parking spaces permitted, or 10 spaces, whichever is less.

All accessory off-street parking facilities, public parking lots and public parking garages developed or enlarged after October 25, 1995, in the Long Island City area shall comply with the applicable provisions of this Section, inclusive.

No accessory off-street parking spaces shall be located on a zoning lot other than the same zoning lot as the use to which they are accessory.

All accessory off-street parking spaces shall be located within a completely enclosed building, with the exception of:

(a)        parking spaces accessory to a hospital, as listed in Use Group 4; and

(b)        up to 15 off-street parking spaces accessory to commercial uses other than a transient hotel, as listed in Use Group 5, community facility uses other than hospitals, or manufacturing uses.

In the Long Island City area, for accessory off-street parking facilities and public parking garages, curb cuts accessing entrances and exits to such parking facilities shall not be permitted at the following locations:

(a)        within 50 feet of the intersection of any two street lines, except where the Commissioner of Buildings certifies that such location is not hazardous to traffic safety, is not likely to create traffic congestion and will not unduly inhibit surface traffic or pedestrian flow. The Commissioner of Buildings may refer such matter to the Department of Transportation, or its successor, for a report;

(b)        for accessory off-street parking facilities, on 21st Street, 44th Drive, Jackson Avenue, Queens Boulevard, Queens Plaza (North, South and East), Skillman Avenue or Thomson Avenue, except by authorization of the City Planning Commission, pursuant to Section 16-343;

(c)        for public parking garages, on 21st Street, 44th Drive, Jackson Avenue, Queens Boulevard, Queens Plaza (North, South and East) or Vernon Boulevard, except by authorization, pursuant to Section 16-343.

The gross unobstructed surface area, in square feet, of a permitted accessory group parking facility including stalls, aisles, driveways and maneuvering areas shall not exceed 200 times the number of accessory off-street parking spaces provided. This size limitation shall not be applicable to off-street parking spaces permitted under the provisions of paragraph (c) of Section 16-12 (Permitted Parking for Non-residential Uses) where such spaces are exclusively accessory, no-charge, self-parking spaces in enclosed facilities with a capacity limited to 100 automobiles. In such facilities, the gross unobstructed surface area, in square feet, shall not exceed 300 times the number of accessory off-street parking spaces provided.

The City Planning Commission may grant authorizations and special permits, pursuant to Sections 16-34, inclusive, and 16-35, inclusive.

All such special permits and authorizations, in addition to meeting the requirements, conditions and safeguards prescribed by the Commission, shall conform to and comply with all of the applicable zoning district regulations of the Zoning Resolution, except as otherwise specified herein.

An application to the City Planning Commission for the grant of a special permit or authorization under the provisions of this Section shall include a site plan showing the location of all buildings or other structures on the site, the location of all vehicular entrances and exits and off-street parking spaces, and such other information as may be required by the Commission.

In all cases, the City Planning Commission shall deny a special permit application or authorization whenever the use will interfere with a public improvement project (including housing, highways, public buildings or facilities, redevelopment or renewal projects, or rights-of-way for sewers, transit or other public facilities) which is approved by or pending before the City Council or the Commission, as determined from the calendar of each agency issued prior to the date of the public meeting on the application for a special permit or authorization.

The City Planning Commission may, by authorization, subject to the otherwise applicable zoning district regulations, allow on-site enclosed accessory off-street parking facilities with a maximum capacity of 15 spaces in existing buildings, provided that the Commission finds that:

(a)        the building does not have accessory off-street parking spaces;

(b)        such parking spaces are needed for and will be used exclusively by the occupants of the use to which they are accessory, except that car sharing vehicles may occupy accessory off-street parking spaces; however, the number of spaces so occupied shall not exceed five spaces or 20 percent of all such parking spaces, whichever is greater. For the purposes of this paragraph (b), such need shall exist where there are special circumstances and there are no reasonably viable alternatives to on-site enclosed parking spaces;

(c)        the parking spaces will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic;

(d)        the parking spaces will not adversely affect pedestrian movement;

(e)        the parking spaces will not be incompatible with, or adversely affect, adjacent uses including uses within the building; and

(f)        the curb cut accessing such parking spaces will not be inconsistent with the character of the existing streetscape.

The City Planning Commission may authorize public parking lots with a capacity of not more than 150 spaces in the Long Island City area, provided that the otherwise applicable regulations set forth in Sections 36-55 or 44-44 (Surfacing), and Sections 36-56 or 44-45 (Screening) are met.

As a condition for authorizing any such public parking lots, the Commission shall make the following findings:

(a)        such use will not be incompatible with, or adversely affect, the growth and development of uses comprising vital and essential functions in the general area within which such use is to be located;

(b)        such use will not create or contribute to serious traffic congestion and will not unduly inhibit vehicular and pedestrian movement;

(c)        such use is so located as to draw a minimum of vehicular traffic to and through local residential streets; and

(d)        the streets providing access to such use will be adequate to handle the traffic generated thereby.

The City Planning Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including limitations on signs, or requirements for shielding of floodlights and for locations of entrances and exits.

The City Planning Commission may authorize curb cuts located on a street designated in Section 16-23 (Curb Cut Restrictions), provided the Commission finds that a curb cut at such location:

(a)        is not hazardous to traffic safety;

(b)        will not create or contribute to serious traffic congestion or unduly inhibit vehicular movement;

(c)        will not adversely affect pedestrian movement;

(d)        will not interfere with the efficient functioning of bus lanes, specially designated streets and public transit facilities; and

(e)        will not be inconsistent with the character of the existing streetscape.

The City Planning Commission may, by special permit, subject to the otherwise applicable zoning district regulations, allow on-site or off-site, open or enclosed, accessory off-street parking facilities with any capacity not otherwise allowed under Section 16-10 (PERMITTED OFF-STREET PARKING IN THE LONG ISLAND CITY AREA), provided the Commission finds that:

(a)        such parking spaces are needed for, and will be used by, the occupants, visitors, customers or employees of the use to which they are accessory, except that car sharing vehicles may occupy accessory off-street parking spaces; however, the number of spaces so occupied shall not exceed five spaces or 20 percent of all such parking spaces, whichever is greater;

(b)        within the vicinity of the site, there are insufficient parking spaces available;

(c)        the facility will not create or contribute to serious traffic congestion or unduly inhibit vehicular and pedestrian movement;

(d)        the facility is so located as to draw a minimum of vehicular traffic to and through local residential streets; and

(e)        adequate reservoir space is provided at the vehicular entrance to accommodate vehicles equivalent in number to 20 percent of the total number of parking spaces, up to 50 parking spaces, and five percent of any spaces in excess of 200 parking spaces, but in no event shall such reservoir spaces be required for more than 50 vehicles. However, in the case of a facility with a capacity of 10 vehicles or less, the Commission may waive this finding.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including traffic improvements, if necessary, and limitations on signs or requirements for shielding or floodlights or for locations of entrances and exits.

The City Planning Commission may, by special permit, allow public parking garages and public parking lots not otherwise permitted, pursuant to the applicable provisions of Section 74-52 (Parking Garages or Public Parking Lots in High Density Central Areas).

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