Article I General Provisions

Article II Residence District Regulations

Article III Commercial District Regulations

Article IV Manufacturing District Regulations

Article V Non-Conforming Uses and Non-Complying Buildings

Article VI Special Regulations Applicable to Certain Areas

Article VII Administration

Article VIII Special Purpose Disctricts

Article IX Special Purpose Disctricts

Article X Special Purpose Disctricts

Article XI Special Purpose Disctricts

Article XII Special Purpose Disctricts

Article XIII Special Purpose Disctricts

Appendix A Index of Uses [PDF]

Appendix B Index of Special Purpose Districts

Appendix C City Environmental Quality Review (CEQR) Table 1 - Environmental Requirements [PDF]

Appendix C City Environmental Quality Review (CEQR) Table 2 - Restrictive Declarations

Appendix D Zoning Map Amendment ("D") Restrictive Declarations [PDF]

Appendix E Design Requirements for Plazas, Residential Plazas and Urban Plazas Developed Prior to October 17, 2007 [PDF]

Appendix F Inclusionary Housing Designated Areas [PDF]

Appendix G Quantities of Radioactive Materials [PDF]

Appendix H Designation of Arterial Highways [PDF]

Appendix I Transit Zone [PDF]

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(12/15/61)
(12/15/61)

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.
(12/15/61)

This Resolution shall be known and may be cited as the Zoning Resolution of the City of New York.
(12/15/61)
(12/15/61)
(2/2/11)

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 #nonconforming# or #non-complying#, the provisions of Article V (NonConforming Uses and Non-Complying Buildings) may apply.
(2/2/11)
(2/2/11)

Each zoning district is designated by a letter indicating the general land use classification – R for Residential, 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.
(12/15/16)

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
C6-4A  General Central Commercial District
C6-4M  General Central Commercial District
C6-4X  General Central Commercial District
C6-4.5 Restricted 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
C6-7T  Restricted Central Commercial District
C6-7.5 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 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 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 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 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.


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 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 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.
(2/2/11)

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.
(12/10/13)

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 therefore 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).
(12/15/61)

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.
(3/28/12)

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:
  1. Building permit conditions

  2. 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

      1. any #development#;

      2. an #enlargement#, #extension# or change of #use#, any of which involves a #residential# or a #community facility use#; or

      3. an #enlargement# or alteration of a #building# for any #use# that involves a disturbance of the soil;

    2. For air quality

      1. any #development#;

      2. an #enlargement#, #extension# or change of #use#; or

      3. an alteration that involves ventilation or exhaust systems, including, but not limited to, stack relocation or vent replacement; or

    3. For noise

      1. any #development#;

      2. an #enlargement#, #extension# or change of #use#; or

      3. an alteration that involves window or exterior wall relocation or replacement.

  • 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.

  • 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.

  • 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:

      1. no further testing, remediation or ongoing site management is required for hazardous materials contamination;

      2. the noise generating source has been permanently eliminated; or

      3. the emissions source related to air quality has been permanently eliminated.

  • 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.

  • 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.

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

  • The provisions of this Section shall apply to all (E) designations and environmental restrictive declarations, notwithstanding the date such environmental requirements were established.
  • (3/28/12)
    1. 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.

    2. 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.
    (10/25/93)

    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.
    (12/15/61)

    (12/15/61)

    In interpreting and applying the provisions of this Resolution, such provisions shall be considered as the minimum requirements:
    1. 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

    2. to provide a gradual remedy for existing conditions which are detrimental thereto.
    (12/15/61)

    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.
    (3/22/16)

    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 #twofamily 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)
    (6/29/94)

    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.
    (6/30/89)

    (6/30/89)

    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 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 Multiple Dwelling Law, such a determination of #residential# occupancy shall be deemed to permit #residential use# as-ofright for such #dwelling unit#; and

    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 shall expire one year from July 23, 1981, unless a temporary or permanent certificate of occupancy has been issued.
    (6/30/89)

    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:
    1. 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

    2. #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-ofright for such #dwelling unit#.

    (6/30/89)

    (6/30/89)

    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.
    (12/5/91)

    (2/2/11)

    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:
    1. 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.

    2. 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 #nonconformity# or increase the degree of #non-compliance# or #non-conformity# with the provisions of this Resolution, as amended.

    3. 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:

        1. construction of any single #building# which will be #non-conforming# or #non-complying# under the provisions of any applicable amendment to this Resolution; or

        2. 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

        3. 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

          1. 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

          2. will be #non-conforming# under the provisions of any applicable amendment to this Resolution; or

        4. 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 #noncomplying# 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:

        1. 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

        2. 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

          1. 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

          2. will be #non-complying# under the provisions of any applicable amendment to this Resolution.

      3. "Other construction" shall include:

        1. any #enlargement# other than a major #enlargement#; or

        2. any #extension#, #conversion# or structural alteration; or

        3. 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.
    (12/5/91)

    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.
    (2/2/11)

    If, before the effective date of an applicable amendment of this Resolution, a building permit has been lawfully issued as set forth in Section 11-31 paragraph (a), 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:
    1. in the case of a minor development, all work on foundations had been completed prior to such effective date; or
    2. 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.
    (6/29/94)

    1. 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 therefore 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.

    2. 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.

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

    4. 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.
    (12/5/91)

    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 Section 11-332, paragraph (a).
    (6/29/94)

    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 #Residential 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.
    (4/22/09)

    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.
    (4/30/08)

    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.
    (4/22/09)

    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.
    (2/2/11)

    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).
    (7/23/15)

    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).
    1. 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.

    2. 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, 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.

    3. 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 (Special Regulations Applying in Flood Hazard Areas), 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.

    4. 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 (Special Regulations for Neighborhood Recovery), 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.
    (7/18/95)

    (7/18/95)

    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.
    (12/15/61)

    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 ten years each. The agency may prescribe appropriate conditions and safeguards to minimize adverse effects of such #use# on the character of the neighborhood.
    (12/5/91)

    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).
    (10/25/67)

    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#.
    (2/2/11)

    1. 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#.

    2. 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

    3. 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 ten years; or

    4. 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.
    (7/18/95)

    Any authorization or special permit granted by the City Planning Commission, except one granted with a ten 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 ten 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.
    (8/12/04)

    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).
    (8/12/04)

    The provisions of this Section shall apply within #lower density growth management areas#.
    1. 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 City Planning 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 City Planning 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.

    2. 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 for Developments within Unimproved Streets) prior to May 1, 2004, may be #developed# in accordance with the regulations in effect prior to August 12, 2004.
    (11/16/78)

    It is hereby declared to be the legislative intent that:
    1. 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.

    2. 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.
    (9/14/89)

    (9/14/89)

    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 ten 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.
    (9/14/89)

    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.
    (12/15/61)

    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.
    (12/15/61)

    (2/2/11)

    The following rules of construction apply to the text of this Resolution:
    1. The particular shall control the general.

    2. 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.

    3. The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

    4. 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.

    5. 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#.

    6. The phrase "used for" includes "arranged for", "designed for", "intended for", "maintained for", "or occupied for".

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

    8. 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.

    9. 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.

    10. 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 crossreferences to a Section numbered with six digits shall refer only to such specific six-digit Section.
    (2/2/11)

    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":
    1. 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

    2. is a #use# which is clearly incidental to, and customarily found in connection with, such principal #use#; and

    3. 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:

      1. no #building# contains more than one living or sleeping accommodation for caretakers;

      2. no such living or sleeping accommodation shall exceed 1,200 square feet of #floor area#;

      3. 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;

      4. 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

      5. 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:

      1. no #building# contains more than two kitchens; and

      2. 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:

      1. 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;

      2. 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#;

      3. 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

      4. 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:

      1. 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";

      2. 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.

      3. 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.

      4. 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:

      1. 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;

      2. 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.

      3. 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.

      4. 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:

        1. 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;"

        2. One or more individual enclosures where adult movies or live performances are available for viewing by customers;

        3. 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;"

        4. 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;

        5. A greater number of different titles of "adult printed or visual material" than the number of different titles of "other printed or visual material";

        6. 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;"

        7. 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”;

        8. 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”;

        9. 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.

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

        1. 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

        2. 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 residence for seniors# are #incomerestricted housing units# used for class A occupancy as defined in the New York State Multiple Dwelling Law. For the purposes of this definition, “super’s unit”, 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

    AGGREGATE WIDTH OF STREET WALLS


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

    "Incidental alterations" are:
    1. 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

    2. 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:
    1. 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#.

    2. 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#.

    3. 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:
    1. 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#.

    2. 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:
    1. #streets#;

    2. #public parks#;

    3. 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#;

    4. airport boundaries;

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

    6. corporate boundary lines of New York City.

    Boatel (12/15/61)

    A "boatel" is a #building# or group of #buildings# which:
    1. contains living or sleeping accommodations used primarily for transient occupancy; and

    2. is immediately accessible by boat.

    Building (2/2/11)

    A "building" is any structure which:
    1. is located within the #lot lines# of a #zoning lot#;

    2. is permanently affixed to the land;

    3. has one or more floors and a roof;

    4. is bounded by open area or #fire walls#;

    5. has at least one #primary entrance#;

    6. 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

    7. 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 singlefamily 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:
    1. the size (including height and #floor area#) of #buildings or other structures#;

    2. 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#;

    3. the shape of #buildings or other structures#;

    4. 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

    5. 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:
    1. 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

    2. 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:
    1. 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#.

    2. 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:
    1. #building# walls; or

    2. #building# walls and one or more #lot lines# other than a #front lot line#; or

    3. #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:
    1. a #front lot line#;

    2. a #front yard#;

    3. a #rear yard#; or

    4. 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:
    1. the construction of a new #building or other structure#;

    2. the relocation of an existing #building or other structure# to another #zoning lot#; or

    3. 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:
    1. 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

    2. 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

    3. 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)
    1. 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.

    2. 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:
    1. #basement# space, except as specifically excluded in this definition;

    2. elevator shafts or stairwells at each floor, except as specifically excluded in this definition;

    3. floor space in penthouses;

    4. 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#;

    5. floor space in gallerias, interior balconies, mezzanines or bridges;

    6. 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;

    7. any other floor space used for dwelling purposes, no matter where located within a #building#, when not specifically excluded;

    8. floor space in #accessory buildings#, except for floor space used for #accessory# off-street parking;

    9. 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 #twofamily residences# in R1-2A, R2A, R2X, R3, R4 or R5 Districts, except that:

        1. in R2A Districts, #floor area# within such #residences# shall include only floor space in excess of 300 square feet for one such space; and

        2. 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:

        1. #curb level#; or

        2. 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 #twofamily 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;

    10. floor space used for #accessory# off-street loading berths in excess of 200 percent of the amount required by the applicable district regulations;

    11. floor space that is or becomes unused or inaccessible within a #building#;

    12. 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#;

    13. 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#;

    14. 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

    15. 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#:

      1. 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;

      2. 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;

      3. 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#;

      4. 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#;

      5. 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:

      1. such #building# contains not more than two #stories# above such #story#;

      2. such #story# and the #story# immediately above it are portions of the same #dwelling unit#;

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

      4. 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:

      1. 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#;

      2. 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:

          1. 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

          2. 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:

      1. 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

      2. 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 Ufactor determined by using the prescribed requirements of the NYCECC; and

        2. the area-weighted average U-factor of all abovegrade 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:
    1. an open parking area;

    2. parking spaces included within, or on the roof of, a #building# not primarily used for parking; or

    3. 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)
    1. 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#.

    2. 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.

    3. #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.


    4. However, #home occupations# shall not include:

    5. 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:
    1. has three or more #dwelling units# or #rooming units#;

    2. has one or more common entrances serving all such units; and

    3. 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:
    1. living or sleeping accommodations are used primarily for transient occupancy, and may be rented on a daily basis;

    2. one or more common entrances serve all such living or sleeping units; and

    3. 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.


    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:
    1. 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;

    2. 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

    3. 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:
    1. does not contain any #building or other structure#; or

    2. 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:
    1. has or will have an area of at least three acres;

    2. 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:

        1. pursuant to an urban renewal plan for a designated urban renewal area containing such #zoning lots#; or

        2. through assemblage by any other governmental agency, or its agent, having the power of condemnation; and

    3. 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:
    1. has or will have an area of at least 1.5 acres;

    2. 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:

        1. pursuant to an urban renewal plan for a designated urban renewal area containing such #zoning lots#; or

        2. through assemblage by any other governmental agency, or its agent, having the power of condemnation; and

    3. 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 #largescale 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:
    1. 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#;

    2. 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:

        1. pursuant to an urban renewal plan for a designated urban renewal area containing such #zoning lots#; or

        2. through assemblage by any other governmental agency, or its agent, having the power of condemnation;

    3. shall be located entirely in a #Residence District# or in a C1, C2, C3 or C4-1 District; and

    4. 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:
    1. nursing homes or assisted living facilities as defined in the New York State Public Health Law; and

    2. 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:
    1. contains living or sleeping accommodations used primarily for transient occupancy; and

    2. 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:
    1. the existence of less than the required #accessory# offstreet parking spaces or loading berths;

    2. the existence of #non-conforming accessory signs#; or

    3. 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:
    1. a #community facility building#;

    2. a #building# containing #residences#, provided such roof area is not above that portion of such #building# that contains #dwelling units# or #rooming units#;

    3. 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)

    In accordance with Sections 26-00 (APPLICABILITY OF THIS CHAPTER) and 37-10 (APPLICABILITY OF ARTICLE II, CHAPTER 6, TO DEVELOPMENTS WITH PRIVATE ROADS), 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:
    1. three or more #buildings# or #building segments# located wholly beyond 50 feet of a #street line# or #street setback line#; or

    2. 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#.

    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#:
    1. that provides parking or storage for motor vehicles, but not for commercial or public utility vehicles or the dead storage of motor vehicles; and

    2. 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:
    1. 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

    2. 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:
    1. the level of the finished floor of the second #story# is 13 feet or more above the level of the adjoining sidewalk; and

    2. 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 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:
    1. such transient accommodations as #transient hotels#, #motels# or #tourist cabins#, or #trailer camps#;

    2. #non-profit hospital staff dwellings#; or

    3. 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:
    1. in a "class B multiple dwelling," a "rooming house," or a "furnished room house" as defined in the Multiple Dwelling Law; or

    2. used "for class B occupancy," as defined in the Housing Maintenance Code; or

    3. used for "single room occupancy," as defined in the Multiple Dwelling Law; or

    4. 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

    5. 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:
    1. 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

    2. 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

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

    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:
    1. 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#;

    2. is used to announce, direct attention to or advertise; and

    3. 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:
    1. the total #surface area# of such #sign# is not greater than 16 square feet;

    2. the vertical dimension of any letter or number is not greater than 24 inches; and

    3. 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:
    1. beginning above the #street line# (or, where so indicated, above the #front yard line#) at a height set forth in the district regulations; and

    2. 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:
    1. 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

    2. 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 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 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 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.


    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:
    1. a way established on the City Map; or

    2. 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

    3. 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

    4. any other public way that on December 15, 1961, was performing the functions usually associated with a way established on the City Map; or

    5. 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 café - see Sidewalk café, unenclosed


    Urban plaza - see Plaza, urban


    Use (2/2/11)

    A "use" is:
    1. any purpose for which a #building or other structure# or an open tract of land may be designed, arranged, intended, maintained or occupied; or

    2. 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:
    1. a lot of record existing on December 15, 1961 or any applicable subsequent amendment thereto;

    2. 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;

    3. 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

    4. 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.

    5. 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.

    6. 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).
    (5/8/13)

    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.
    (5/8/13)

    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.
    (5/8/13)

    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:
    1. 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;
  • vehicular elevators;
  • required reservoir spaces;
  • portions of required accessible pedestrian egress routes, including any associated ramps or elevators; or
  • 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.
    (5/8/13)

    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#
    (5/8/13)

    (5/8/13)

    The provisions of this Chapter shall apply to #accessory# offstreet parking facilities, #public parking lots#, #public parking garages# and automobile rental establishments, as listed in Use Group 8, in the #Manhattan Core#, as follows:
    1. 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);
  • 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);
  • 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 for 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);
  • #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).
  • (3/22/16)

    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 Approved
    Special Permits and 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.




    (5/8/13)

    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.
    (7/24/13)

    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:
    1. 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);

    2. the #Special Lincoln Square District#, as set forth in Section 82-50 (OFF-STREET PARKING AND OFF-STREET LOADING REGULATIONS);

    3. the #Special Battery Park City District#, as set forth in Section 84-14 (Parking Regulations and Curb Cuts), inclusive;

    4. the #Special United Nations Development District#, as set forth in Section 85-03 (Modifications of Use Regulations);

    5. the #Special Lower Manhattan District#, as set forth in Section 91-50 (OFF-STREET PARKING, LOADING AND CURB CUT REGULATIONS), inclusive;

    6. the #Special Park Improvement District#, as set forth in Section 92-05 (Maximum Number of Accessory Off-Street Parking Spaces);

    7. the #Special Transit Land Use District#, as set forth in Section 95-09 (Special Regulations for Accessory Off-Street Parking and Curb Cuts);

    8. the #Special Clinton District#, as set forth in Section 96- 111 (Off-Street Parking Regulations);

    9. the #Special Madison Avenue Preservation District#, as set forth in Section 99-06 (Off-Street Parking Regulations); and

    10. 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).
    (5/8/13)

    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).
    (5/8/13)

    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.
    1. Existing parking facilities

    2. 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 offstreet parking facilities shall only be permitted by special permit by the City Planning 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 City Planning 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 City Planning Commission, pursuant to the applicable provisions of Section 13-45.

    3. 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).
    (5/8/13)

    No parking shall be required within the #Manhattan Core#. As-ofright off-street parking spaces located within #accessory# offstreet parking facilities, automobile rental establishments and #public parking lots# in the #Manhattan Core# shall be permitted only as set forth in this Section, inclusive.
    (5/8/13)

    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 nonpallet 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#.
    (5/8/13)

    #Accessory# off-street parking spaces are permitted for #residences# in #developments# or #enlargements#, as follows:
    1. 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;

    2. 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.
    (5/8/13)

    #Accessory# off-street parking spaces are permitted for non- #residential uses# in #developments# or #enlargements#, as follows:
    1. #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;

    2. Hospitals

      For hospital #developments# or #enlargements#, a maximum of 100 #accessory# off-street parking spaces are permitted;

    3. 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;

    4. 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.
    (5/8/13)

    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# offstreet 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.
    (5/8/13)

    #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:
    1. 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

    2. 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).
    (5/8/13)

    #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


    (5/8/13)

    Automobile rental establishments, as listed in Use Group 8, are permitted, provided that:
    1. in C2 Districts, the number of automobiles that may be stored in such establishments shall not exceed 150 spaces;

    2. in C4, C6 and C8 Districts, the number of automobiles that may be stored in such establishments shall not exceed 225 spaces; and

    3. in M1, M2 and M3 Districts, the number of automobiles that may be stored in such establishments shall not exceed 300 spaces.
    (5/8/13)

    #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:
    1. #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;

    2. #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#.
    (5/8/13)

    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.
    (5/8/13)

    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#.
    (3/22/16)

    1. 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#.

    2. 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), inclusive, in the #Special Enhanced Commercial District#.
    (3/22/16)

    1. #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.

    2. 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.

    3. #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).
    (5/8/13)

    The definition of #floor area# in Section 12-10 shall be modified for purposes of this Chapter, as follows:
    1. 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.

    2. #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.
    (5/8/13)

    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:
    1. the #Special Midtown District#, as set forth in Sections 81- 44 (Curb Cut Restrictions) and 81-624 (Curb cut restrictions and loading berth requirements);

    2. the #Special Lincoln Square District#, as set forth in paragraph (b) of Section 82-50 (OFF-STREET PARKING AND OFFSTREET LOADING REGULATIONS);

    3. the #Special Battery Park City District#, as set forth in Sections 84-144 (Location of curb cuts) and 84-343 (Curb cuts);

    4. the #Special Lower Manhattan District#, as set forth in Section 91-52 (Curb Cut Regulations);

    5. the #Special Park Improvement District#, as set forth in Section 92-05 (Maximum Number of Accessory Off-Street Parking Spaces);

    6. the #Special Transit Land Use District#, as set forth in Section 95-09 (Special Regulations for Accessory Off-Street Parking and Curb Cuts);

    7. the #Special Clinton District#, as set forth in paragraph (f) of Section 96-21 (Special Regulations for 42nd Street Perimeter Area);

    8. the #Special Madison Avenue Preservation District#, as set forth in Section 99-06 (Off-Street Parking Regulations); and

    9. the #Special Little Italy District#, as set forth in Section 109-352 (Curb cut regulations).

    (5/8/13)

    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:
    1. 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;

    2. shall not be located within two and one-half feet of any #side lot line# of the #zoning lot#, or prolongation thereof;

    3. 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

    4. 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.
    (5/8/13)

    1. #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 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 #Residential 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#.

    2. Automobile rental establishments

      For curb cuts accessing automobile rental establishments, the maximum width of a curb cut shall be 22 feet.

    3. #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.
    (5/8/13)

    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.
    1. 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 offstreet parking spaces. However such number of reservoir spaces need not exceed 50.

    2. #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.

    3. 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.

    4. 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#.
    (5/8/13)

    For all #accessory# off-street parking facilities, the following safety features shall be provided at all vehicular exit points:
    1. 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

    2. 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 twelve inches; and

      3. shall be located a minimum of four feet beyond the #street line#, as measured perpendicular to the #street line#.
    (5/8/13)

    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.
    1. 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.

    2. #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#.

    3. 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.

    4. 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 offstreet 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).
    (5/8/13)

    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:
    1. the #Special Midtown District#, as set forth in Sections 81- 312 (Prohibitions of off-street parking or off-street loading facilities), 81-44 (Curb Cut Restrictions), 81-624 (Curb cut and loading berth requirements) and 81-84 (Mandatory Regulations and Prohibitions);

    2. the #Special Lincoln Square District#, as set forth in Section 82-50 (OFF-STREET PARKING AND OFF-STREET LOADING REGULATIONS);

    3. the #Special Battery Park City District#, as set forth in Sections 84-143 and 84-342 (Off-street loading); and

    4. 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).
    (5/8/13)

    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.
    (5/8/13)

    In addition to the #floor area# exemption for #accessory# offstreet 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.
    (5/8/13)

    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.
    (5/8/13)

    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.
    (5/8/13)

    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:
    1. 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;

    2. 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

    3. 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.
    (5/8/13)

    (5/8/13)

    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.
    (5/8/13)

    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.
    (5/8/13)

    (5/8/13)

    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.
    (5/8/13)

    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:
    1. the entire #automated parking facility# will be contained within a #completely enclosed building#;

    2. 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

    3. 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.
    (5/8/13)

    (5/8/13)

    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:
    1. is not hazardous to traffic safety;

    2. will not create or contribute to serious traffic congestion, or unduly inhibit vehicular movement;

    3. will not adversely affect pedestrian movement;

    4. will not interfere with the efficient functioning of bus lanes, specially designated #streets# or public transit facilities; and

    5. 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.
    (5/8/13)

    The City Planning Commission may, by authorization, allow an offstreet 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.
    1. 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).

    2. 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.
    (5/8/13)

    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.
    (5/8/13)

    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.
    1. 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:

        1. 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

        2. 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:

        1. are proposed #developments# or #enlargements# with any capacity not otherwise allowed under the applicable regulations of Section 13-10;

        2. are existing prior to May 8, 2013, and increasing the number of parking spaces, pursuant to the provisions of Section 13-07; or

        3. are proposed #developments# or #enlargements# in locations not permitted by Section 13-14 (Permitted Parking for Public Parking Lots);

      3. #public parking garages#, where such facilities:

        1. 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

        2. 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.

  • 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).

  • 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.

  • 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 offstreet parking facilities within the area of the proposed parking facility.
  • (5/8/13)

    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:
    1. 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

    2. 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.
    (5/8/13)

    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:
    1. the proposed parking facility is either in close proximity to or on the same #zoning lot# as one or more of the following #uses# being #developed#, #enlarged# or created within existing #buildings#:

      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;

    2. 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

    3. 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.
    (5/8/13)

    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:
    1. 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 being #developed#, #enlarged# or created within an existing #building or other structure#, and such #use# is of significant importance to the economic well-being of the City of New York;

    2. an increased number of permitted off-street parking spaces in such proposed parking facility is essential to the operation of such #use#; and

    3. 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.
    (5/8/13)

    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:
    1. 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

    2. 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

    3. 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;

    4. 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

    5. 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.
    (5/8/13)

    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: 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:
    1. 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
  • the sum of any existing off-street parking spaces, and the proposed increase, 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
  • 35 percent of the total number of #dwelling units#, where such units are located within Community District 7 or 8; and
  • 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 #noncomplying 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
  • 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.
  • (5/5/04)

    The sidewalk cafe regulations as established in this Resolution are city-wide 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:
    1. To ensure adequate space for pedestrians on the sidewalk adjacent to sidewalk cafes.
    2. To promote sidewalk cafes as visual amenities that better relate to the streetscape.
    3. To preserve and enhance the character of neighborhoods throughout the City.
    4. To simplify administrative regulations and strengthen enforcement procedures for sidewalk cafes and ensure that such requirements are effective, efficient and enforceable.
    5. 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.
    (5/5/04)

    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.
    (5/5/04)

    #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.
    (5/5/04)

    (2/2/11)

    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#.
    1. 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.
    2. 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.
    3. 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#.
    4. 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.
    (5/5/04)

    (5/5/04)

    The regulations of this Section governing certain structural and operational requirements shall apply to all #enclosed sidewalk cafes#.
    1. 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#.
    2. 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.
    3. 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.
    4. 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.
    5. 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#.
    6. 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-ofway.
    (5/5/04)

    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.
    1. 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
    2. 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.
    (5/5/04)

    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.
    (5/5/04)

    Musical instruments or sound reproduction devices shall not be operated or used within an #enclosed sidewalk cafe# for any purpose.
    (5/5/04)

    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:
    1. the #enclosed sidewalk cafe# is developed consistent with the general purposes and objectives of this Chapter;
    2. 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;
    3. any proposed modifications to the requirements of this Chapter will not cause a serious adverse effect on pedestrian traffic;
    4. the restaurant or #enclosed sidewalk cafe# provides access for persons with disabilities;
    5. where a proposed #enclosed sidewalk cafe# is located between two existing stoops, it will not project beyond the stoops; and
    6. 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.
    (5/5/04)

    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.
    (5/5/04)

    #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:
    1. 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#;
    2. there shall be no railing, structure or other form of barrier between a #small sidewalk cafe# and the remaining area of the sidewalk; and
    3. 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.
    (5/5/04)

    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.
    (5/5/04)

    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).

    City Wide:

    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.
    (5/5/04)

    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.
    (5/22/13)

    #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 District 1
    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 District 2
    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#

    (1/22/15)

    #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
    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
    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




    Queens #Enclosed
    Sidewalk
    Cafe#

    #Unenclosed
    Sidewalk
    Cafe#

    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#

    South Richmond Development District Yes Yes
    St. George District Yes Yes
    Stapleton Waterfront District Yes Yes
    (5/5/04)

    #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 Cafe# 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
    (2/2/11)

    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:
    1. 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;
    2. 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;
    3. to protect important job-producing industries, particularly those with a unique social or economic relationship to the surrounding community;
    4. to provide sufficient space for commercial and manufacturing activities which are an integral part of New York City's economy;
    5. to provide for adequate returns to property owners by allowing more profitable residential use with a limited mix of commercial and manufacturing uses;
    6. to provide a new housing opportunity of a type and at a density appropriate to these Community Districts;
    7. to ensure the provision of safe and sanitary housing units in converted buildings; and
    8. to ensure the provision of adequate amenities in conjunction with residential development.
    (2/2/11)

    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).
    (2/2/11)

    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 District);
    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).
    (3/22/16)

    #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 within 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 #nonresidential 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 uses).
    (2/2/11)

    1. 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;
        1. there was substantial construction in compliance with the approved plans pursuant to which said lapsed permit had been granted; and
        2. 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:
        1. 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;
        2. there shall be double glazing on all windows in all #dwelling units# or such other window treatment as the Board deems appropriate;
    2. 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.
    3. 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).
    (4/9/81)

    (3/22/16)

    1. 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#.
    2. 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).
    3. 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 Section 15-22 (Number of Permitted Dwelling Units) or Section 15-024 (Special bulk regulations for certain preexisting 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 2 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#.
    4. 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 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#.
      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.
    5. 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 City Planning 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 of the City Planning Commission 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.
    6. 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
        1. bounded by South 10th Street, Berry Street, Division Avenue and Wythe Avenue;
        2. bounded by South 6th Street, Broadway, Driggs Avenue, South 8th Street and Wythe Avenue;
        3. bounded by South 4th Street, Driggs Avenue, South 5th Street and Berry Street;
        4. bounded by North 4th Street, Berry Street, North 3rd Street and Wythe Avenue;
        5. 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#.
    (2/2/11)

    #Dwelling units converted# under the provisions of this Chapter are not subject to the provisions of Section 32-42 (Location Within Buildings).
    (2/2/11)

    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:
    1. such #dwelling units# are located in a #building# containing #commercial# or #manufacturing uses# which the City is committed to maintain; and
    2. 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.
    (3/22/16)

    1. 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.
    2. 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.
    3. 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 livingwork 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:
        1. the unit or quarters shall contain one or more windows that open onto a #street# or thirty foot #yard#;
        2. 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
        3. 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 livingwork 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:
        1. the unit or quarters shall contain one or more windows that open onto either:
          1. a ten foot #yard#, where the window sill of such required window is at least 23 feet above #curb level#;
          2. a 15 foot #yard#, where the window sill of such required window is less than 23 feet above #curb level#;
          3. a #court# with a minimum dimension of 15 feet perpendicular to such required window and 375 square feet or more in area; or
          4. a #street#;
        2. 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;
        3. 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;
        4. the interior dimension of the wall in which such required window is located shall be no less than 12 feet in width;
        5. the average width of such unit or quarters shall be no less than 14 feet; and
        6. 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.
    (2/2/11)

    (2/2/11)

    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).
    (3/22/16)

    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.
    (2/2/11)

    1. 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#.
    2. Every #dwelling unit# shall meet the light and air requirements of Section 277 of the Multiple Dwelling Law.
    3. 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.
    (2/2/11)

    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.
    (8/27/98)

    1. 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#.
    2. 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#.
    (3/22/16)

    1. 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.
    2. 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 Section 74-711 (Landmark preservation in all districts), paragraph (a)(3).
      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.
    (2/2/11)

    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 Park and
    Eighth Avenues.

    Garment Center East - The C6-4M District located between
    West 34th Street and West 35th Street, and between Seventh
    Avenue and Eighth Avenue.

    (2/2/11)

    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 a 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 (Modification for existing dwelling units), #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#.



    (2/2/11)

    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:
    1. 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.
    2. 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.
    3. 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#.
    (2/2/11)

    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:
    1. 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:
        1. 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
        2. 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.
    2. Floor load

      The floors shall have a minimum live load capacity of 100 pounds per square foot (100 psf).
    3. 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#, which ever is greater.
      2. #Floor area# may not be preserved on portions of floors.
    4. 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.
    5. 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#.
    6. Height of #stories#

      The #stories# shall have an average minimum height of ten 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 Section 15-30 (MINOR MODIFICATIONS) paragraph (c).
    (2/2/11)

    1. 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.
    2. 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.
    3. 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#.
    4. 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#.
    (2/11/92)

    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:
    1. 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
    2. 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#.
    (2/2/11)

    1. 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 Sections 15- 021(c) or 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.
    2. 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#.
    (2/2/11)

    1. Every #dwelling unit# shall meet the light and air requirements of Section 277 of the Multiple Dwelling Law
    2. 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.
    3. 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 Section 15-23, paragraph (a), measured perpendicular to such #building# wall. Width is the distance between exterior #dwelling unit# walls measured perpendicular to the depth.
    (2/2/11)

    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.
    (4/9/81)

    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:
    1. Businesses operated as #home occupations# may have up to three non-#residential# employees.
    2. 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.
    3. The Commissioner of Buildings may issue rules and regulations setting forth appropriate standards to implement the intent of this Section.
    (2/2/11)

    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.
    (2/2/11)

    On application, the Chairperson of the City Planning Commission may grant minor modifications to the following provisions of this Chapter:
    1. The requirements of Section 15-22 paragraph (a), relating to #dwelling unit# size may be modified provided that the Chairperson of the Commission 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.
    2. The requirements of Section 15-12 and Section 15-24 relating to the #open space# equivalent may be modified provided that the Chairperson of the Commission 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.
    3. 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 of the City Planning Commission 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 of the City Planning Commission 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.
    (10/17/07)

    (3/22/16)

    In all #Commercial# and #Residence Districts#, for #enlargements# of #buildings converted# to #residences#, the City Planning Commission may authorize:
    1. a waiver of the requirements of Section 15-12 (Open Space Equivalent) for the existing portion of the #building# #converted# to #residences#; and
    2. 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.
    (10/17/07)

    (10/17/07)

    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).
    (3/22/16)

    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 photostating 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
    (5/8/13)

    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.
    (5/8/13)

    Except as modified by the express provisions of this Chapter, the regulations of the underlying zoning districts shall remain in effect.
    (5/8/13)

    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.
    (5/8/13)

    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
    (5/8/13)

    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.
    (5/8/13)

    (5/8/13)

    The provisions of this Chapter shall apply to #accessory# offstreet parking facilities, #public parking lots# and #public parking garages#, as set forth in this Section.
    1. 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).
    2. 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.
    3. 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.
    (5/8/13)

    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).
    (5/8/13)

    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:
    1. the #Special Long Island City Mixed Use District#, as set forth in Section 117-54 (Off-Street Parking and Loading Regulations); and
    2. the #Special Southern Hunters Point District#, as set forth in Section 125-50 (PARKING REGULATIONS), inclusive.
    (5/8/13)

    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.
    (5/8/13)

    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.
    1. 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 offstreet 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).
    2. 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).
    (5/8/13)

    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.
    (5/8/13)

    #Accessory# off-street parking spaces are permitted for #residences# in #developments# or #enlargements#, as follows:
    1. 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.
    2. within Areas B and C, as shown on the map, #accessory# offstreet 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#.
    (5/8/13)

    #Accessory# off-street parking spaces are permitted for non- #residential uses# in #developments# or #enlargements#, as follows:
    1. #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#.
    2. 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# offstreet 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.
    3. 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# offstreet 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.
    (5/8/13)

    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# offstreet 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#.
    (5/8/13)

    #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.
    (5/8/13)

    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.
    (5/8/13)

    #Car sharing vehicles# and commercial vehicle parking for motor vehicles not exceeding a length of 20 feet shall be permitted, as follows:
    1. #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.
    2. #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.
    (5/8/13)

    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.
    (5/8/13)

    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#.
    (5/8/13)

    All #accessory# off-street parking spaces shall be located within a #completely enclosed building#, with the exception of:
    1. parking spaces #accessory# to a hospital, as listed in Use Group 4; and
    2. 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#.
    (5/8/13)

    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:
    1. 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;
    2. 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;
    3. 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.
    (5/8/13)

    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 offstreet 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, selfparking 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.
    (5/8/13)

    (5/8/13)

    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.
    (5/8/13)

    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.
    (5/8/13)

    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.
    (5/8/13)

    (5/8/13)

    The City Planning Commission may, by authorization, subject to the otherwise applicable zoning district regulations, allow onsite enclosed #accessory# off-street parking facilities with a maximum capacity of 15 spaces in existing #buildings#, provided that the Commission finds that:
    1. the #building# does not have #accessory# off-street parking spaces;
    2. 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;
    3. the parking spaces will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic;
    4. the parking spaces will not adversely affect pedestrian movement;
    5. the parking spaces will not be incompatible with, or adversely affect, adjacent #uses# including #uses# within the #building#; and
    6. the curb cut accessing such parking spaces will not be inconsistent with the character of the existing streetscape.
    (5/8/13)

    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:
    1. 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;
    2. such #use# will not create or contribute to serious traffic congestion and will not unduly inhibit vehicular and pedestrian movement;
    3. such #use# is so located as to draw a minimum of vehicular traffic to and through local #residential streets#; and
    4. 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.
    (5/8/13)

    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:
    1. is not hazardous to traffic safety;
    2. will not create or contribute to serious traffic congestion or unduly inhibit vehicular movement;
    3. will not adversely affect pedestrian movement;
    4. will not interfere with the efficient functioning of bus lanes, specially designated #streets# and public transit facilities; and
    5. will not be inconsistent with the character of the existing streetscape.
    (5/8/13)

    (5/8/13)

    The City Planning Commission may, by special permit, subject to the otherwise applicable zoning district regulations, allow onsite 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:
    1. 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;
    2. within the vicinity of the site, there are insufficient parking spaces available;
    3. the facility will not create or contribute to serious traffic congestion or unduly inhibit vehicular and pedestrian movement;
    4. the facility is so located as to draw a minimum of vehicular traffic to and through local #residential streets#; and
    5. 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 City Planning 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.
    (5/8/13)

    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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