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

The Commercial Districts established in this Resolution are designed to promote and protect public health, safety and general welfare. These general goals include, among others, the following specific purposes:

(a)        to provide sufficient space, in appropriate locations in proximity to residential areas, for local retail development catering to the regular shopping needs of the occupants of nearby residences, with due allowance for the need for a choice of sites;

(b)        to provide appropriate space and, in particular, sufficient depth from a street, to satisfy the needs of modern local retail development, including the need for off-street parking spaces in areas to which a large proportion of shoppers come by automobile, and to encourage the natural tendency of local retail development to concentrate in continuous retail frontage, to the mutual advantage of both consumers and merchants;

(c)        to protect both local retail development and nearby residences against fire, explosions, toxic and noxious matter, radiation and other hazards, and against offensive noise, vibration, smoke, dust and other particulate matter, odorous matter, heat, humidity, glare and other objectionable influences;

(d)        to protect both local retail development and nearby residences against congestion, particularly in areas where the established pattern is predominantly residential but includes local retail uses on the lower floors, by regulating the intensity of local retail development, by restricting those types of establishments which generate heavy traffic, and by providing for off-street parking and loading facilities;

(e)        to provide sufficient and appropriate space and, in particular, sufficient depth from the street, to meet the needs of the city's expected future economy for modern commercial floor space in central, major or secondary commercial centers, including the need for off-street parking space in areas where a large proportion of customers come by automobile, with due allowance for the need for a choice of sites, and to encourage the natural tendency of commercial development to concentrate in continuous retail frontage, to the mutual advantage of both consumers and merchants;

(f)        to protect commercial development in central, major or secondary commercial centers, as far as is possible and appropriate in each area, against fire, explosions, toxic and noxious matter, radiation, and other hazards, and against offensive noise, vibration, smoke, dust and other particulate matter, odorous matter, heat, humidity, glare and other objectionable influences;

(g)        to protect commercial development in central, major or secondary commercial centers against congestion, as far as possible, by limiting the bulk of buildings in relation to the land around them and to one another, by restricting those types of establishments which generate heavy traffic, and by providing for off-street parking and loading facilities;

(h)        to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, with due allowance for the need for a choice of sites;

(i)        to provide freedom of architectural design, in order to encourage the development of more attractive and economic building forms, within proper standards;

(j)        to protect the character of certain designated areas of historic and architectural interest, where the scale of building development is important, by limitations on the height of buildings; and

(k)        to promote the most desirable use of land and direction of building development in accord with a well-considered plan, to promote stability of commercial development, to strengthen the economic base of the City, to protect the character of the district and its peculiar suitability for particular uses, to conserve the value of land and buildings, and to protect the City's tax revenues.

These districts are designed to provide for local shopping and include a wide range of retail stores and personal service establishments which cater to frequently recurring needs. Since these establishments are required in convenient locations near all residential areas, and since they are relatively unobjectionable to nearby residences, these districts are widely mapped. The district regulations are designed to promote convenient shopping and the stability of retail development by encouraging continuous retail frontage and by prohibiting local service and manufacturing establishments which tend to break such continuity.

These districts are designed to provide for a wide range of essential local services not involving regular local shopping. Since these establishments are less frequently visited by customers, they tend to break the continuity of prime retail frontage and, therefore, hamper the development of convenient shopping. The permitted services create relatively few objectionable influences for nearby residential areas.

This district is designed to provide for the growing recreational activities of pleasure boating and fishing by permitting rental, servicing and storage of boats in appropriate waterfront areas, normally adjacent to residential development.

These districts comprise the City's major and secondary shopping centers, which provide for occasional family shopping needs and for essential services to business establishments over a wide area, and which have a substantial number of large stores generating considerable traffic. The district regulations are designed to promote convenient shopping and the stability of retail development by encouraging continuous retail frontage and by prohibiting service and manufacturing establishments which tend to break up such continuity.

These districts are designed to provide for office buildings and the great variety of large retail stores and related activities which occupy the prime retail frontage in the central business district, and which serve the entire metropolitan region. The district regulations also permit a few high-value custom manufacturing establishments which are generally associated with the predominant retail activities, and which depend on personal contacts with persons living all over the region. The district regulations are also designed to provide for continuous retail frontage.

These districts are designed to provide for the wide range of retail, office, amusement service, custom manufacturing and related uses normally found in the central business district and regional commercial centers but to exclude non-retail uses which generate a large volume of trucking.

This district is designed to permit large open commercial amusement parks and is mapped in only a few areas.

These districts are designed to provide for necessary services for a wider area than is served by the Local Service Districts. Since these service establishments often involve objectionable influences, such as noise from heavy service operations and large volumes of truck traffic, they are incompatible with both residential and retail uses. New residential development is excluded from these districts.

The regulations regarding C5P, C5-2.5, C5-3.5, C6-4.5, C6-6.5 and C6-7.5 Districts and any other underlying districts within the Special Midtown District are set forth in Article VIII, Chapter 1 (Special Midtown District).

In order to carry out the purposes and provisions of this Resolution, the uses of buildings or other structures and the open uses of zoning lots, or portions thereof, have been classified and combined into Use Groups. A brief statement is inserted at the start of each Use Group to describe and clarify the basic characteristics of that Use Group. Use Groups 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16, including each use listed separately therein, are permitted in Commercial Districts as indicated in Sections 32-11 through 32-25, except that any such use which is also an adult establishment shall, in addition, be subject to the provisions of Section 32-01 (Special Provisions for Adult Establishments).

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, the conversion of non-residential floor area to residences shall be subject to the provisions of Article I, Chapter 5 (Residential Conversion Within Existing Buildings), unless such conversions meet the requirements for residences of Article II (Residence District Regulations).

All districts indicated in Column A shall comply with the regulations for districts indicated in Column B except as set forth in the sections indicated in Column C.

Column A

Column B

Column C

C1 and C2 in R9A

R9

32-43

C1 and C2 in R10A

R10

32-43

C1-8A

C1-8

32-43

C1-9A

C1-9

32-43

C2-7A

C2-7

32-43

C2-8A

C2-8

32-43

C4-6A

C4-6

32-43

C4-7A

C4-7

32-43

C6-1A

C6-1

32-15  32-16  32-17  32-20  32-644

In a C8 District, any use listed in Use Group 11A or 16 that involves the production, processing, cleaning, servicing, testing or repair of products, goods or materials shall conform to the performance standards for M1 Districts as set forth in Sections 42-20 and 42-28 inclusive, relating to Performance Standards.

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 existing enclosed buildings erected prior to December 15, 1961, shall be considered conforming and shall conform to the performance standards for M1 Districts as set forth in Sections 42-20 and 42-28, inclusive, relating to Performance Standards. Such uses may be extended within buildings or into abutting buildings on the same zoning lot.

Whenever a use is specifically listed in a Use Group and also could be construed to be incorporated within a more inclusive use listing, either in the same or another Use Group, the more specific listing shall control.

The letters A, B, B1, C, D, E, F, G or H in the Parking Requirement Category following a use listed in Sections 32-14 to 32-25, inclusive, refer to the classification of commercial uses to determine required accessory off-street parking spaces as set forth in the table in Section 36-21 (General Provisions).

The uses listed in the various Use Groups set forth in Sections 32-11 to 32-25, inclusive, are also listed in alphabetical order in the Index at the end of this Resolution, for the convenience of those using the Resolution. Whenever there is any difference in meaning or implication between the text of these Use Groups and the text of the Index, the text of these Use Groups shall prevail.

In the area, which as a result of zoning map change 840260 ZMM is zoned C6-2A, existing lawful meat markets listed in Use Group 17A, in existing enclosed buildings erected prior to December 15, 1961, shall be a conforming use.

Special regulations applying in the waterfront area are set forth in Article VI, Chapter 2.

Special regulations applying in the flood zone are set forth in Article VI, Chapter 4.

The following chart sets forth the Use Groups permitted in the various Commercial Districts.

USE GROUPS PERMITTED IN COMMERCIAL DISTRICTS

Districts

Use Groups

Residential

Community Facility

Retail and Commercial

Gen. Ser-vice

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

Local Retail C1

X

X

X

X

X

X

Local Service C2

X

X

X

X

X

X

X

X

X

X

Waterfront Recreation C3

X

X

X

X

X

General Commercial C4

X

X

X

X

X

X

X

X

X

X

Restricted Central Commercial C5

X

X

X

X

X

X

X

X

X

General Central Commercial C6

X

X

X

X

X

X

X

X

X

X

X

X

Commercial Amusement C7

X

X

X

X

General Service C8

X

X

X

X

X

X

X

X

X

X

X

X

In addition to the applicable regulations for the uses listed in a permitted Use Group, adult establishments shall be subject to the following provisions:

(a)        Adult establishments are not permitted in C1, C2, C3, C4, C5, C6-1, C6-2 or C6-3 Districts.

(b)        In C6-4, C6-5, C6-6, C6-7, C6-8, C6-9, C7 or C8 Districts, no adult establishment shall be established less than 500 feet from a house of worship, a school, a Residence District, a C1, C2, C3, C4, C5-1, C6-1, C6-2 or C6-3 District, or a Manufacturing District, other than an M1-6M District, in which new residences or new joint living-work quarters for artists are allowed as-of-right or by special permit or authorization. No provisions or findings of such special permit or authorization which require an assessment of the impact of new residences or new joint living-work quarters for artists on commercial or manufacturing uses within a Manufacturing District shall be construed as a limitation on the scope of this provision. However, on or after October 25, 1995, an adult establishment that otherwise complies with the provisions of this paragraph shall not be rendered non-conforming if a house of worship or a school is established on or after April 10, 1995, within 500 feet of such adult establishment.

(c)        In C6-4, C6-5, C6-6, C6-7, C6-8, C6-9, C7 or C8 Districts, no adult establishment shall be established less than 500 feet from a previously established adult establishment.

(d)        In C6-4, C6-5, C6-6, C6-7, C6-8, C6-9, C7 or C8 Districts, no more than one adult establishment permitted under this Section shall be established on a zoning lot.

(e)        In C6-4, C6-5, C6-6, C6-7, C6-8, C6-9, C7 or C8 Districts, adult establishments shall not exceed, in total, 10,000 square feet of floor area and cellar space not used for enclosed storage or mechanical equipment.

(f)        Adult establishments which were established on October 25, 1995, and conform to all provisions of the Zoning Resolution relating to adult establishments other than the provisions of all or any combination of paragraphs (c), (d), and (e) of this Section, shall not be subject to the provisions of Section 52-77 (Termination of Adult Establishments).

For purposes of this Section, an adult establishment shall be established upon the date of a permit issued by the Department of Buildings therefor, or, in the case of an adult establishment in existence prior to August 8, 2001, as determined by the Department of Buildings, subject to rules as the Department of Buildings may prescribe regarding the failure to perform work authorized under a permit or to commence operation pursuant to a permit and the discontinuance of an adult establishment.

C1 C2 C3 C4 C5 C6

Use Groups 1 and 2, as set forth in Sections 22-11 and 22-12. However, in C3A Districts, Use Group 2 shall be limited to single- or two-family detached or zero lot line residences.

In lower density growth management areas in the Borough of Staten Island, except C3A Districts, Use Groups 1 and 2 shall be permitted only within mixed buildings. However, no residences shall be allowed on the following zoning lots, except by special permit pursuant to Section 74-49 (Residential Use in C4-1 Districts in Staten Island):

(a)        any zoning lot in a C4-1 District, where such district occupies at least four acres within a block; or

(b)        any other zoning lot in a C4-1 District, where such zoning lot had a lot area greater than 20,000 square feet on December 21, 2005, or on any subsequent date.

C1 C2 C3 C4 C5 C6

Use Group 3, as set forth in Section 22-13.

C1 C2 C3 C4 C5 C6 C8

Use Group 4, as set forth in Section 22-14.

C1* C2** C4 C5 C6 C8

Use Group 5 consists of hotels used primarily for transient occupancy.

A. Transient Accommodations

Hotels, transient [PRC-H]

B. Accessory Uses

*        In a C1-1, C1-2, C1-3 or C1-4 District, a transient hotel shall not be permitted

**        In a C2-1, C2-2, C2-3 or C2-4 District, each transient hotel shall be located on a zoning lot in whole or in part within a 1,000-foot radius of the entrance or exit of a limited-access expressway, freeway, parkway, or highway, all of which prohibit direct vehicular access to abutting land and provide complete separation of conflicting traffic flows, measured from the centerline of the entrance or exit ramp at its intersection with the nearest adjacent street.

C1 C2 C4 C5 C6 C8

Use Group 6 consists primarily of retail stores and personal service establishments which:

(1)        provide for a wide variety of local consumer needs; and

(2)        have a small service area and are, therefore, distributed widely throughout the City.

Public service establishments serving small areas are also included. Retail and service establishments are listed in two subgroups, both of which are permitted in all C1 Districts.

The uses listed in subgroup A are also permitted within a large-scale residential development to provide daily convenience shopping for its residents.

A. Convenience Retail or Service Establishments

Bakeries, provided that floor area used for production shall be limited to 750 square feet per establishment [PRC-B]

Barber shops [PRC-B]

Beauty parlors [PRC-B]

Drug stores [PRC-B]

Dry cleaning or clothes pressing establishments or receiving stations dealing directly with ultimate consumers, limited to 2,000 square feet of floor area per establishment, and provided that only solvents with a flash point of not less than 138.2 degrees Fahrenheit shall be used, and total aggregate dry load capacity of machines shall not exceed 60 pounds [PRC-B]

Eating or drinking establishments, including those which provide outdoor table service or have music for which there is no cover charge and no specified showtime, and those which have accessory drive-through facilities2 [PRC-B]

Food stores, including supermarkets, grocery stores, meat markets, or delicatessen stores [PRC-Either A or B3]

Hardware stores [PRC-B]

Laundry establishments, hand or automatic self-service [PRC-B1]

Liquor stores, package [PRC-B]

Post offices [PRC-H]

Shoe or hat repair shops [PRC-B]

Stationery stores [PRC-B]

Tailor or dressmaking shops, custom [PRC-B]

Variety stores, limited to 10,000 square feet of floor area per establishment [PRC-B]

B. Offices

Offices, business, professional including ambulatory diagnostic or treatment health care, or governmental [PRC-B1]

Veterinary medicine for small animals, provided all activities are conducted within a completely enclosed building; where such building contains a residential use, no access shall be from an entrance serving the residential portion [PRC-B1]

C. Retail or Service Establishments

Antique stores [PRC-B]

Art galleries, commercial [PRC-B]

Artists' supply stores [PRC-B]

Automobile supply stores, with no installation or repair services [PRC-B]

Banks, including drive-in banks [PRC-B]

Bicycle sales [PRC-B]

Book stores [PRC-B]

Candy or ice cream stores [PRC-B]

Carpet, rug, linoleum or other floor covering stores, limited to 10,000 square feet of floor area per establishment [PRC-B1]

Cigar or tobacco stores [PRC-B]

Clothing or clothing accessory stores, limited to 10,000 square feet of floor area per establishment [PRC-B]

Clothing rental establishments, limited to 10,000 square feet of floor area per establishment [PRC-B]

Docks for ferries, other than gambling vessels, limited to an aggregate operational passenger load, per zoning lot, of 150 passengers per half hour. In Community District 1 in the Borough of Brooklyn, docks for ferries with a vessel capacity of up to 399 passengers shall be allowed, provided that such docks are certified by the Chairperson of the City Planning Commission pursuant to Section 62-813 (Docking facilities for ferries or water taxis in certain waterfront areas). The maximum dock capacity is the U. S. Coast Guard-certified capacity of the largest vessel using the dock [PRC-H]

Docks for water taxis, with a vessel capacity of up to 99 passengers. In Community District 1 in the Borough of Brooklyn, such docks shall be certified by the Chairperson of the City Planning Commission pursuant to Section 62-813 (Docking facilities for ferries or water taxis in certain waterfront areas). The maximum dock capacity is the U. S. Coast Guard-certified capacity of the largest vessel using the dock

Docks or mooring facilities for non-commercial pleasure boats [PRC-H]

Dry goods or fabrics stores, limited to 10,000 square feet of floor area per establishment [PRC-B]

Eating or drinking establishments with entertainment, but not dancing, with a capacity of 200 persons or fewer4 [PRC-B]

Eating or drinking establishments with musical entertainment but not dancing, with a capacity of 200 persons or fewer [PRC-B]

Electrolysis studios [PRC-B]

Fishing tackle or equipment, rental or sales [PRC-B1]

Florist shops [PRC-B]

Frozen food lockers1 [PRC-B]

Furniture stores, limited to 10,000 square feet of floor area per establishment [PRC-B1]

Furrier shops, custom [PRC-B]

Gift shops [PRC-B]

Interior decorating establishments, provided that floor area used for processing, servicing or repairs shall be limited to 750 square feet per establishment [PRC-B]

Jewelry or art metal craft shops [PRC-B]

Leather goods or luggage stores [PRC-B]

Loan offices1 [PRC-B1]

Locksmith shops1 [PRC-B]

Medical or orthopedic appliance stores [PRC-B]

Meeting halls1 [PRC-D]

Millinery shops [PRC-B]

Music stores [PRC-B]

Newsstands, open or enclosed [PRC-B]

Optician or optometrist establishments [PRC-B]

Paint stores [PRC-B]

Pet shops [PRC-B]

Photographic equipment or supply stores [PRC-B]

Photographic studios [PRC-B]

Picture framing shops [PRC-B]

Record stores [PRC-B]

Seed or garden supply stores [PRC-B]

Sewing machine stores, selling household machines only [PRC-B]

Shoe stores [PRC-B]

Sporting or athletic stores [PRC-B]

Stamp or coin stores [PRC-B]

Telegraph offices [PRC-B]

Television, radio, phonograph or household appliance stores, limited to 10,000 square feet of floor area per establishment [PRC-B]

Toy stores [PRC-B]

Travel bureaus [PRC-B]

Typewriter stores [PRC-B]

Wallpaper stores [PRC-B]

Watch or clock stores or repair shops [PRC-B]

D. Public Service Establishments5

Court houses [PRC-C]

Electric or gas utility substations, open or enclosed, limited in each case to a site of not more than 10,000 square feet1

Fire or police stations [PRC-C]

Public utility stations for oil or gas metering or regulating1

Solar energy systems

Telephone exchanges or other communications equipment structures. In all districts the height above curb level of such structures not existing on December 15, 1961, shall not exceed that attributable to commercial buildings of equivalent lot coverage, having an average floor to floor height of 14 feet above the lobby floor which may be as much as 25 feet in height. For the purpose of making this height computation, the gross area of all floors of the building including accessory mechanical equipment space except the cellar shall be included as floor area. Such height computation for the structure shall not preclude the ability to utilize unused floor area anywhere on the zoning lot or by special permit, subject to the normal provisions of the Resolution.

Terminal facilities at river crossings for access to electric, gas, or steam lines1

Water or sewage pumping stations1

E. Clubs

Non-commercial clubs, without restrictions on activities or facilities except for any activity or use listed within the definitions of either adult physical culture establishments or physical culture or health establishments in Section 12-10 [PRC-D]

F. Accessory Uses

1        In C5 Districts, a use in Use Group 6, marked with an asterisk, shall not be located on the ground floor of a building unless such use is at least 50 feet from the street wall of the building in which it is located, as provided in Section 32-423 (Limitation on ground floor location)

2        Eating or drinking places with accessory drive-through facilities shall be permitted in C1 Districts only as provided in Section 73-243, and shall not be permitted in C5 Districts

3        Food stores with 2,000 square feet or more of floor area per establishment are classified in parking requirement category A and food stores with less than 2,000 square feet of floor area are classified in parking requirement category B, pursuant to Section 36-21 (General Provisions)

4        Permitted in C1-1, C1-2, C1-3, C1-4, C2-1, C2-2, C2-3, C2-4, C3 and C5 Districts, only as provided in Section 73-241

5        In a C6-1A District, uses in Use Group 6D are not permitted

C2 C6* C8

Use Group 7 consists primarily of home maintenance or repair services which:

(1)        fulfill recurrent needs of residents in nearby areas;

(2)        have a relatively small service area and are, therefore, widely distributed throughout the City; and

(3)        are incompatible in primary retail districts since they break the continuity of retail frontage.

A. Transient Accommodations

Motels, tourist cabins or boatels [PRC-H]

In C2 Districts, each motel or tourist cabin shall be located on a zoning lot in whole or in part within a 1,000 foot radius of the entrance or exit of a limited-access expressway, freeway, parkway or highway, all of which prohibit direct vehicular access to abutting land and provide complete separation of conflicting traffic flows, measured from the centerline of the entrance or exit ramp at its intersection with the nearest adjacent street

B. Retail or Service Establishments

Bicycle rental or repair shops [PRC-B1]

Electrical, glazing, heating, painting, paper hanging, plumbing, roofing or ventilating contractors' establishments, limited to 2,500 square feet of floor area per establishment [PRC-B1]

Exterminators [PRC-B1]

Funeral establishments [PRC-H]

Gun repairs [PRC-B1]

Monument sales establishments, with incidental processing to order, but not including the shaping of headstones [PRC-C]

Moving or storage offices, with storage limited to items for retail sale and to 1,500 square feet of floor area per establishment [PRC-B1]

Refreshment stands, drive-in [PRC-H]

Sailmaking establishments [PRC-C]

Sign painting shops, limited to 2,500 square feet of floor area per establishment [PRC-B1]

Taxidermist shops [PRC-B1]

Trade embalmers [PRC-B1]

Venetian blind, window shade or awning shops, custom, limited to 2,500 square feet of floor area per establishment [PRC-B1]

Window cleaning contractors' establishments, including floor waxing and other similar building maintenance services [PRC-B1]

C. Wholesale Establishments

Wholesale establishments, with not more than 1,500 square feet of accessory storage per establishment [PRC-B1]

D. Auto Service Establishments

Automobile glass and mirror shops [PRC-B1]

Automobile seat cover or convertible top establishments, selling or installation [PRC-B1]

Electric vehicle charging stations and automotive battery swapping facilities [PRC-B1]

Tire sales establishments, including installation services [PRC-B1]

E. Accessory Uses

*        In a C6-1A District, uses in Use Group 7 are not permitted

C2 C4 C6 C8

Use Group 8 consists primarily of amusement or service establishments which:

(1)        are appropriate in local service districts to serve nearby residential areas; or

(2)        depend on a wide service radius and may appropriately be located in secondary or major commercial centers.

Since these establishments are generally patronized by customers for special purposes not associated with retail shopping, they are appropriate neither in local shopping areas nor in the restricted central commercial areas.

A. Amusements

*Billiard parlors or pool halls [PRC-D]

*Bowling alleys, limited to not more than 16 lanes per establishment [PRC-D]

Model car hobby center, including racing, limited to not more than 8,000 square feet of floor area per establishment [PRC-D]

Theaters [PRC-D]

In C2-5, C2-6, C2-7, C2-8, C4-5, C4-6, C4-7, C6 and C8-4 Districts, in order to prevent obstruction of street areas, a new motion picture theater, in a new or existing building, shall provide a minimum of four square feet of waiting area within the zoning lot for each seat in such theater. The required waiting space shall be either in an enclosed lobby or open area that is covered or protected during inclement weather and shall not include space occupied by stairs or space within 10 feet of a refreshment stand or of an entrance to a public toilet. Such requirements shall not apply to any additional motion picture theater created by the subdivision of an existing motion picture theater.

B. Retail or Service Establishments

*Automobile driving schools [PRC-B]

Ice vending machines, coin-operated, including those machines that are self-contained, dealing directly with the ultimate consumer. Such self-contained machines shall be limited to 1,600 pounds capacity solely for the use of such self-contained machines

Lumber stores, limited to 5,000 square feet of floor area per establishment exclusive of that floor area used for office and display area, and provided that not more than 400 square feet of floor area shall be used for cutting of lumber to size [PRC-B1]

*Pawn shops [PRC-B1]

Television, radio, phonograph or household appliance repair shops [PRC-B]

*Upholstering shops dealing directly with consumers [PRC-B1]

C. Automotive Service Establishments

Automobile rental establishments, except that in the Long Island City area, as defined in Section 16-02 (Definitions), the number of automobiles that may be stored in such establishments in C2, C4 or C6 Districts shall not exceed 100 spaces and the maximum size in square feet of such storage area shall not exceed 200 times the number of parking spaces provided, exclusive of entrance/exit ramps

Public parking garages or public parking lots with a capacity of 150 spaces or less, subject to the provisions set forth for accessory off-street parking spaces in Sections 36-53 (Width of Curb Cuts and Location of Access to the Street), 36-55 (Surfacing) and 36-56 (Screening), and provided that such public parking lots are not permitted as of right in C6-1A Districts and such public parking garages are not permitted as of right in C2-5, C2-6, C2-7, C2-8, C4-5, C4-5A, C4-5X, C4-6, C4-7, C6, C8-4, M1-4, M1-5, M1-6, M2-3, M2-4 or M3-2 Districts. Public parking garages may be open or enclosed, provided that no portion of such use shall be located on a roof other than a roof which is immediately above a cellar or basement.

In the Manhattan Core, these uses are subject to the provisions of Article I, Chapter 3, and in the Long Island City area, as defined in Section 16-02 (Definitions), such uses are subject to the provisions of Article I, Chapter 6.

D. Public Service Establishments

Prisons [PRC-H]

E. Accessory Uses

*        In a C4 District, a use in Use Group 8, marked with an asterisk shall not be located on the ground floor of a building unless such use is at least 50 feet from the street wall of the building in which it is located, as provided in Section 32-423 (Limitation on ground floor location)

C2 C4 C5 C6 C8

Use Group 9 consists primarily of business and other services which:

(1)        serve a large area and are, therefore, appropriate in secondary, major or central commercial shopping areas, and

(2)        are also appropriate in local service districts, since these are typically located on the periphery of major or secondary centers.

A. Retail or Service Establishments

Automobile, motorcycle, trailer or boat showrooms or sales, with no repair services and with no preparation of vehicles or boats for delivery [PRC-C]

*Banquet halls [PRC-D]

*Blueprinting or photostatting establishments [PRC-B1]

*Business schools or colleges [PRC-B1]

*Catering establishments [PRC-B1]

*Clothing or costume rental establishments [PRC-B]

Docks for sightseeing, excursion or sport fishing vessels, other than gambling vessels, limited to the following aggregate dock capacities per zoning lot:

200 in C2 Districts; 500 in C4-1, C4-2, C4-3, C4-4, C8-1, C8-2, C8-3 Districts; 2,500 in C4-4A, C4-5, C4-6, C4-7, C5, C6, C8-4 Districts.

"Dock capacity" is the U.S. Coast Guard-certified capacity of the largest vessel using a dock. "Aggregate dock capacity" is the sum of the dock capacities of all docks on the zoning lot [PRC-H]

*Gymnasiums, used exclusively for basketball, handball, paddleball, racketball, squash and tennis. [PRC-B]

*Medical or dental laboratories for research or testing, or the custom manufacture of artificial teeth, dentures or plates, not involving any danger of fire or explosion nor offensive noise, vibration, smoke or other particulate matter, odorous matter, heat, humidity, glare or other objectionable effects [PRC-B1]

*Musical instrument repair shops [PRC-B1]

Plumbing, heating or ventilating equipment showrooms, without repair facilities [PRC-B1]

*Printing establishments, limited to 2,500 square feet of floor area per establishment for production [PRC-B1]

Public auction rooms [PRC-D]

*Studios, art, music, dancing or theatrical [PRC-B]

*Trade, or other schools for adults, not involving any danger of fire or explosion nor of offensive noise, vibration, smoke or particulate matter, dust, odorous matter, heat, humidity, glare or other objectionable effects [PRC-B1]

*Typewriter or other small business machine sales, rental or repairs [PRC-B1]

*Umbrella repair shops [PRC-B]

*Wedding chapels [PRC-D]

B. Wholesale Establishments

Hair products for headwear, wholesaling including styling [PRC-B1]

Photographic developing or photographic printing establishments, limited to 2,500 square feet of floor area per establishment except that such floor area limitation shall not apply in C6 Districts provided such use conforms to the performance standards for M1 Districts and to the applicable regulations of Chapter 19 (Fire Prevention Code) of the Administrative Code [PRC-B1]

C. Accessory Uses

*        In C4 or C5 Districts, a use in Use Group 9, marked with an asterisk, shall not be located on the ground floor of a building unless such use is at least 50 feet from the street wall of the building in which it is located, as provided in Section 32-423 (Limitation on ground floor location)

C4 C5 C6 C8

Use Group 10 consists primarily of large retail establishments (such as department stores) that:

(1)        serve a wide area, ranging from a community to the whole metropolitan area, and are, therefore, appropriate in secondary, major or central shopping areas; and

(2)        are not appropriate in local shopping or local service areas because of the generation of considerable pedestrian, automobile or truck traffic.

A. Retail or Service Establishments

Carpet, rug, linoleum or other floor covering stores, with no limitation on floor area per establishment [PRC-B1]

Clothing or clothing accessory stores, with no limitation on floor area per establishment [PRC-B]

Department stores [PRC-B]

Depositories for storage of office records, microfilm or computer tapes, or for data processing [PRC-G]

Docks for ferries, other than gambling vessels, with no restriction on passenger load. In Community District 1 in the Borough of Brooklyn, such docks shall be certified by the Chairperson of the City Planning Commission, pursuant to Section 62-813 (Docking facilities for ferries or water taxis in certain waterfront areas) [PRC-H]

Dry goods or fabric stores, with no limitation on floor area per establishment [PRC-B]

Eating or drinking places, without restrictions on entertainment or dancing, but limited to location in hotels [PRC-D]

Furniture stores, with no limitation on floor area per establishment [PRC-B1]

Office or business machine stores, sales or rental [PRC-B1]

Photographic or motion picture production studios [PRC-D]

Radio or television studios [PRC-D]

Television, radio, phonograph or household appliance stores, with no limitation on floor area per establishment [PRC-B]

Variety stores, with no limitation on floor area per establishment [PRC-B]

B. Wholesale Establishments

Wholesale offices or showrooms, with storage restricted to samples [PRC-B1]

C. Accessory Uses

C5 C6** C8

Use Group 11 consists of a few types of essentially custom manufacturing activities that:

(1)        benefit from a central location and are appropriate in the central business district;

(2)        generally do not create any significant objectionable influences; and

(3)        involve products characterized by a high ratio of value to bulk, so that truck traffic is kept to a minimum.

A. Manufacturing Establishments

*Art needlework, hand weaving or tapestries [PRC-F]

*Books, handbinding or tooling [PRC-F]

*Ceramic products, custom manufacturing [PRC-F]

*Clothing, custom manufacturing or altering for retail [PRC-F]

*Hair products, custom manufacturing [PRC-F]

*Jewelry manufacturing from precious metals [PRC-F]

*Medical, dental, drafting instruments, optical goods, or similar precision instruments [PRC-F]

*Musical instruments, except pianos and organs [PRC-F]

*Orthopedic or medical appliances, custom manufacturing [PRC-F]

*Printing, custom, limited to 2,500 square feet of floor area per establishment for production, provided that such floor area limitation shall not apply in C6 Districts [PRC-F]

*Watchmaking [PRC-F]

B. Wholesale or Similar Establishments

*Ship chandlers [PRC-F]

*Wholesale establishments, with accessory storage limited to 2,500 square feet of floor area per establishment [PRC-B1]

C. Accessory Uses

*        In a C5 District, a use in Use Group 11, marked with an asterisk, shall not be located on the ground floor of a building unless such use is at least 50 feet from the street wall of the building in which it is located, as provided in Section 32-423 (Limitation on ground floor location)

**        In a C6-1A District, uses in Use Group 11 are not permitted

C4 C6 C7 C8

Use Group 12 consists primarily of fairly large entertainment facilities that:

(1)        have a wide service area and generate considerable pedestrian, automotive or truck traffic; and

(2)        are, therefore, appropriate only in secondary, major or central commercial areas.

Certain public service establishments are also included.

A. Amusements

Arenas or auditoriums, with capacity limited to 2,500 seats [PRC-D]

*Billiard parlor or pool halls [PRC-D]

*Bowling alleys or table tennis halls, with no limitation on number of bowling lanes per establishment [PRC-D]

**Eating or drinking establishments with entertainment and a capacity of more than 200 persons, or establishments of any capacity with dancing [PRC-D]

In C4 Districts, a minimum of four square feet of waiting area within the zoning lot shall be provided for each person permitted under the occupant capacity as determined by the New York City Building Code. The required waiting area shall be in an enclosed lobby and shall not include space occupied by stairs, corridors or restrooms. In C4 Districts, such establishment shall be a minimum of 100 feet from a Residence District boundary, except that within 100 feet from a Residence District boundary, such establishment is permitted only by special permit pursuant to Section 73-244.

In C6-1, C6-2, C6-3 and C6-4 Districts, a minimum of four square feet of waiting area within the zoning lot shall be provided for each person permitted under the occupant capacity as determined by the New York City Building Code. The required waiting area shall be in an enclosed lobby and shall not include space occupied by stairs, corridors or restrooms. In these districts, the entrance to such use shall be a minimum of 100 feet from the nearest Residential District boundary.

Historical exhibits, provided such use is contained within a completely enclosed building [PRC-D]

Indoor golf recreation centers [PRC-D]

Model car hobby center, including racing, with no limitation on floor area per establishment [PRC-D]

Public auction rooms [PRC-D]

Skating rinks, enclosed [PRC-D]

Stadiums, with capacity limited to 2,500 seats [PRC-D]

Trade expositions, with rated capacity for not more than 2,500 persons, as determined by the Commissioner of Buildings [PRC-D]

B. Retail Establishments

Antique stores [PRC-B]

Art gallery, commercial [PRC-B]

Book stores [PRC-B]

Candy or ice cream stores [PRC-B]

Cigar and tobacco stores [PRC-B]

Delicatessen stores [PRC-B]

Drug stores [PRC-B]

Gift shops [PRC-B]

Jewelry or art metal craft shops [PRC-B]

Music stores [PRC-B]

Newsstands [PRC-B]

Photographic equipment stores [PRC-B]

Record stores [PRC-B]

Stationery stores [PRC-B]

Toy stores [PRC-B]

C. Public Service Establishments

Police stations [PRC-C]

Water or sewage pumping stations

D. Automotive Service Establishments

Public parking garages or public parking lots with capacity of 150 spaces or less, subject to the provisions set forth for accessory off-street parking spaces in Sections 36-53 (Width of Curb Cuts and Location of Access to the Street), 36-55 (Surfacing) and 36-56 (Screening), and provided that such public parking lots are not permitted as-of-right in C7 Districts and such public parking garages are not permitted as-of-right in C4-5, C4-6, C4-7, C6, C8-4, M1-4, M1-5, M1-6, M2-3, M2-4 or M3-2 Districts. Public parking garages may be open or enclosed, provided that no portion of such use shall be located on a roof other than a roof which is immediately above a cellar or basement.

In the Manhattan Core, these uses are subject to the provisions of Article I, Chapter 3, and in the Long Island City area, as defined in Section 16-02 (Definitions), such uses are subject to the provisions of Article I, Chapter 6.

E. Accessory Uses

*        In a C4 District, a use in Use Group 12, marked with an asterisk, shall not be located on the ground floor of a building unless such use is at least 50 feet from the street wall of the building in which it is located, as provided in Section 32-423 (Limitation on ground floor location)

**        In C6-4 Districts mapped within that portion of Community District 5, Manhattan, 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, eating or drinking establishments with entertainment and a capacity of more than 200 persons, or establishments of any capacity with dancing, are permitted only by special permit of the Board of Standards and Appeals in accordance with Section 73-244

C7 C8

Use Group 13 consists of open or low coverage uses, mostly open amusement establishments, which either:

(1)        generate noise and traffic, particularly at night, and are therefore not appropriate in local retail or local service areas; or

(2)        attract customers for special purposes not associated with retail shopping, and are therefore not appropriate in local, secondary, major or central shopping areas.

A. Amusements, Open or Enclosed

Camps, overnight or outdoor day [PRC-H]

Children's amusement parks, provided that the total area of the zoning lot shall not exceed 10,000 square feet, and that no amusement attractions shall be located within 20 feet of a Residence District boundary [PRC-E]

Circuses, carnivals or fairs of a temporary nature [PRC-E]

Commercial beaches or swimming pools [PRC-E]

Golf driving ranges [PRC-E]

Miniature golf courses [PRC-E]

Outdoor roller skating rinks [PRC-E]

Outdoor skateboard parks, provided that the total area of the zoning lot, excluding the area used for accessory off-street parking spaces, shall not exceed two acres, and provided further that temporary enclosure of the skating runs, such as air supported structures, shall not be permitted [PRC-E]

Outdoor skating rinks [PRC-E]

Theaters [PRC-D]

B. Retail Establishments

Banquet halls [PRC-D]

Catering establishments [PRC-B1]

Refreshment stands, drive-in [PRC-H]

C. Service Establishments

Boat fuel sales, open or enclosed, without restriction as to location [PRC-C]

D. Accessory Uses

C2 C3 C7 C8

Use Group 14 consists of the special services and facilities required for boating and related activities.

A. Retail or Service

Bicycle rental or repair shops [PRC-B1]

Bicycle sales [PRC-B]

Boat fuel sales, open or enclosed, restricted to location within 10 feet of a boat dock berth [PRC-C]

Boat launching facilities for non-commercial pleasure boats

Boat rentals, open or enclosed [PRC-H]

Boat showrooms or sales, restricted to boats less than 100 feet in length, provided that such use or portion thereof may be conducted outside a completely enclosed building only if located at a distance greater than 100 feet from a Residence District boundary [PRC-C]

Boat storage, repair, or painting, including the incidental sale of boats, boat parts, or accessories, restricted to boats less than 100 feet in length, provided that such use or portion thereof may be conducted outside a completely enclosed building only if located at a distance greater than 100 feet from a Residence District boundary [PRC-C]

Candy or ice cream stores [PRC-B]

Docks for ferries, other than gambling vessels, limited to an aggregate operational passenger load, per zoning lot, of 150 passengers per half hour. In Community District 1 in the Borough of Brooklyn, docks for ferries with a vessel capacity of up to 399 passengers shall be allowed, provided that such docks are certified by the Chairperson of the City Planning Commission pursuant to Section 62-813 (Docking facilities for ferries or water taxis in certain waterfront areas) [PRC-H]

Docks for sightseeing, excursion or sport fishing vessels, other than gambling vessels, limited to the following aggregate dock capacities per zoning lot:

200 in C2, C3 Districts; 500 in C7, C8-1, C8-2, C8-3 Districts; 2,500 in C8-4 Districts.

"Dock capacity" is the U.S. Coast Guard-certified capacity of the largest vessel using a dock. "Aggregate dock capacity" is the sum of the dock capacities of all docks on the zoning lot.

Docks for water taxis, with a vessel capacity up to 99 passengers. In Community District 1 in the Borough of Brooklyn, such docks shall be certified by the Chairperson of the City Planning Commission pursuant to Section 62-813 (Docking facilities for ferries or water taxis in certain waterfront areas). The maximum dock capacity is the U.S. Coast Guard-certified capacity of the largest vessel using the dock

Docks or mooring facilities for non-commercial pleasure boats [PRC-H]

Fishing tackle or equipment, rental or sales [PRC-B1]

Ice vending machines, coin-operated, including those machines that are self-contained, dealing directly with the ultimate consumer. Such self-contained machines shall be limited to 1,600 pounds capacity solely for the use of such self-contained machines

Sailmaking establishments [PRC-C]

Sale or rental of sporting goods or equipment, including instruction in skiing, sailing or skin diving [PRC-B]

B. Clubs

Non-commercial clubs, without restrictions on activities or facilities except for any activity or use listed within the definitions of either adult physical culture establishments or physical culture or health establishments in Section 12-10 [PRC-D]

C. Accessory Uses

C7

Use Group 15 consists of large open commercial amusement establishments which:

(1)        generate considerable noise or traffic; and

(2)        are appropriate only in a few areas designated for open amusement parks.

A. Amusements

Amusement arcades [PRC-E]

Amusement parks, children's, with no limitation on floor area per establishment [PRC-E]

Animal exhibits [PRC-E]

Ferris wheels, roller coasters, whips, parachute jumps, merry-go-rounds or similar open midway attractions [PRC-E]

Freak shows, wax museums, dodgem scooters or similar open or enclosed midway attractions [PRC-E]

Open booths with games of skill or chance, including shooting galleries [PRC-E]

C8

Use Group 16 consists of automotive and other necessary semi-industrial uses which:

(1)        are required widely throughout the city; and

(2)        involve offensive noise, vibration, smoke, dust, or other particulate matter, odorous matter, heat, humidity, glare or other objectionable influences, making such uses incompatible with residential uses and other commercial uses.

A. Retail or Service Establishments

Animal hospitals or kennels [PRC-B1]

Animal pounds or crematoriums [PRC-C]

Automobile, motorcycle, trailer or boat sales, open or enclosed [PRC-C]

Blacksmith shops [PRC-C]

Building materials sales, open or enclosed, limited to 10,000 square feet of lot area per establishment, provided that not more than 5,000 square feet of such lot area is used for open storage [PRC-B1]

Carpentry, custom woodworking or custom furniture making shops [PRC-B1]

Crematoriums, human [PRC-C]

Electrical, glazing, heating, painting, paper hanging, plumbing, roofing or ventilating contractors' establishments, open or enclosed, with open storage limited to 5,000 square feet of lot area per establishment [PRC-B1]

Fuel, ice, oil, coal or wood sales, open or enclosed, limited to 5,000 square feet of lot area per establishment [PRC-B1]

Household or office equipment or machinery repair shops, such as refrigerators, washing machines, stoves, deep freezers or air conditioning units [PRC-B1]

Machinery rental or sales establishments [PRC-B1]

Mirror silvering or glass cutting shops [PRC-B1]

Motorcycle or motor scooter rental establishments [PRC-C]

Poultry or rabbit killing establishments, for retail sale on the same zoning lot only [PRC-B1]

Riding academies, open or enclosed [PRC-C]

Sign painting shops, with no limitation on floor area per establishment [PRC-B1]

Silver plating shops, custom [PRC-B1]

Soldering or welding shops [PRC-Bl]

Stables for horses [PRC-C]

Tool, die or pattern making establishments, or similar small machine shops [PRC-B1]

Trade schools for adults [PRC-B1]

B. Automotive Service Establishments

Automobile, truck, motorcycle or trailer repairs [PRC-C]

Automobile laundries, provided that the zoning lot contains reservoir space for not less than 10 automobiles per washing lane

Automotive service stations, open or enclosed, provided that facilities for lubrication, minor repairs or washing are permitted only if located within a completely enclosed building

C. Vehicle Storage Establishments

Commercial or public utility vehicle storage, open or enclosed, including accessory motor fuel pumps [PRC-G]

Dead storage of motor vehicles

Public transit yards, open or enclosed, including accessory motor fuel pumps [PRC-G]

D. Heavy Service, Wholesale, or Storage Establishments

Carpet cleaning establishments [PRC-F]

Dry cleaning or cleaning and dyeing establishments, with no limitation on type of operation, solvents, floor area or capacity per establishment [PRC-F]

Laundries, with no limitation on type of operation [PRC-F]

Linen, towel or diaper supply establishments [PRC-F]

Moving or storage offices, with no limitation as to storage or floor area per establishment* [PRC-G]

Packing or crating establishments [PRC-G]

Photographic developing or printing with no limitation on floor area per establishment [PRC-C]

Trucking terminals or motor freight stations, limited to 20,000 square feet of lot area per establishment [PRC-G]

Warehouses* [PRC-G]

Wholesale establishments, with no limitation on accessory storage [PRC-C]

E. Accessory Uses

*         In designated areas within Manufacturing Districts, as shown on the maps in APPENDIX J (Designated Areas Within Manufacturing Districts) of this Resolution, a self-service storage facility is subject to the provisions of Section 42-121 (Use Group 16D self-service storage facilities).

In the districts indicated, the following uses are permitted by special permit of the Board of Standards and Appeals, in accordance with standards set forth in Article VII, Chapter 3.

C4-1

Amusement arcades [PRC-E]

C2 C4 C6 C7

Automotive service stations, open or enclosed, with sites of not less than 7,500 square feet per establishment, and provided that facilities for lubrication, minor repairs, or washing are permitted only if located within a completely enclosed building

C3

Boatels [PRC-H]

C1 C2 C3

Camps, overnight or outdoor day [PRC-H]

C8

Children's amusement parks, with sites of not less than 10,000 square feet nor more than 75,000 square feet per establishment [PRC-E]

C3

Commercial beaches [PRC-E]

C3

Commercial swimming pools [PRC-E]

C1-1 C1-2 C1-3 C3

Eating or drinking establishments, including those which provide outdoor table service or have music for which there is no cover charge and no specified showtime, which have accessory drive-through facilities [PRC-B]

C1-1 C1-2 C1-3 C3

Eating or drinking establishments, including those which provide musical entertainment but not dancing, with a capacity of 200 persons or less, or outdoor table service, which have accessory drive-through facilities [PRC-B]

C1-1 C1-2 C1-3 C1-4 C2-1 C2-2 C2-3 C2-4 C3 C5

Eating or drinking establishments with entertainment but not dancing, with a capacity of 200 persons or less [PRC-B]

C3

Eating or drinking establishments with musical entertainment but not dancing, with a capacity of 200 persons or less [PRC-B]

C2 C3 C4* C6-4**

Eating or drinking establishments with entertainment and a capacity of more than 200 persons or establishments of any capacity with dancing [PRC-D]

C1 C2 C3 C4 C5 C6 C7 C8

Electric utility substations, limited to a site of not less than 10,000 square feet nor more than 40,000 square feet

C1 C4

Funeral establishments [PRC-H]

C6

Newspaper publishing establishments

C1-8X C1-9 C2 C4 C5 C6 C8

Physical culture or health establishments, including gymnasiums (not permitted under Use Group 9), massage establishments [PRC-B]

C1 C2 C3 C4 C5 C6 C7 C8

Public transit or railroad electric substations, limited in each case to a site of not more than 40,000 square feet

C1 C2 C3 C4 C5 C6 C7 C8

Radio or television towers, non-accessory

C2 C6 C7

Riding academies or stables [PRC-C]

C1 C2 C3 C4 C5 C6 C7 C8

Sand, gravel or clay pits

C8

Schools, provided they have no living or sleeping accommodations

C1

Theaters, limited to a maximum capacity of 500 persons [PRC-D]

*        In C4 Districts, such use is permitted within 100 feet of a Residence District boundary, only as provided in Section 73-244

**        In C6-4 Districts mapped within that portion of Community District 5, Manhattan, 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, such use is permitted only as provided in Section 73-244

In the districts indicated, the following uses are permitted by special permit of the City Planning Commission, in accordance with standards set forth in Article VII, Chapter 4, or as otherwise indicated in this Section.

C8
Amusement parks, children's, with sites of not less than 75,000 square feet nor more than 10 acres per establishment [PRC-E]

C4 C6 C7 C8
Arenas, auditoriums or stadiums with a capacity in excess of 2,500 seats [PRC-D]

C2
Automobile rental establishments, open

Bus stations:

C1 C2 C4 C6 C7 C8
With less than 10 berths

C4 C6
With 10 or more berths

C2 C3 C4 C5 C6 C7 C8
Docks for gambling vessels, pursuant to Section 62-838

C6
Docks for passenger ocean vessels, pursuant to Section 62-832

C7 C8
Drive-in theaters, with a maximum capacity of 500 automobiles

C3 C4 C5 C6 C7 C8
Heliports

C4 C6 C7 C8
Indoor interactive entertainment facilities with eating and drinking [PRC-D]

C1 C2
Long-term care facilities, in C1 and C2 Districts mapped within R1 and R2 Districts.

C1 C2 C3 C4 C5 C6 C7
Long-term care facilities in Community District 11 in the Borough of the Bronx, Community District 8 in the Borough of Manhattan, Community District 14 in the Borough of Queens, and Community District 1 in the Borough of Staten Island, developments of nursing homes, as defined in the New York State Public Health Law, or enlargements of existing nursing homes that increase the existing floor area by 15,000 square feet or more

C1 C2 C3 C4 C5 C6 C7
Non-profit hospital staff dwellings, located not more than 1,500 feet from the non-profit or voluntary hospital

Public parking garages*:

C1
Limited in capacity to 100 spaces

C2-1 C2-2 C2-3 C2-4 C4-1 C4-2 C4-3 C4-4 C7 C8-1 C8-2 C8-3
With capacity of more than 150 spaces

C2-5 C2-6 C2-7 C2-8 C4-5 C4-6 C4-7 C5 C6 C7 C8-4
With any capacity

Public parking lots*:

C1
Limited in capacity to 100 spaces

C2 C4 C6 C7 C8
With capacity of more than 150 spaces

C5 C7
With any capacity

C1 C2 C3 C4 C5 C6 C7 C8
Public transit, railroad or electric utility substations, limited in each case to a site of not less than 40,000 square feet nor more than 10 acres

C8
Racetracks

C1 C2 C3 C4 C5 C6 C7 C8
Railroad passenger stations

C6
Research and development facility, scientific

C1 C2 C3 C4 C5 C6 C7 C8
Seaplane bases

C1 C2 C3 C4 C5 C6 C7 C8
Sewage disposal plants

C4 C6 C7 C8
Trade expositions, with a rated capacity for more than 2,500 persons [PRC-D]

C8
Trucking terminals or motor freight stations with sites in excess of 20,000 square feet per establishment [PRC-G]

C1 C2 C3 C4 C5 C6 C7 C8
Uses listed in a permitted Use Group for which railroad or transit air space is developed

*        In the Manhattan Core, these uses are subject to the provisions of Article I, Chapter 3, and in the Long Island City area, as defined in Section 16-02 (Definitions), such uses are subject to the provisions of Article I, Chapter 6.

C1 C2 C3 C4 C5 C6 C8

In the districts indicated, except as otherwise specifically provided in the Use Groups permitted in such districts and in Sections 36-11 (General Provisions), 36-61 (Permitted Accessory Off-street Loading Berths) and 73-36 (Physical Culture or Health Establishments), all permitted uses which are created by development, or which are enlarged or extended, or which result from a change of use shall be subject to the provisions of this Section with respect to enclosure within buildings. With respect to the enlargement or extension of an existing use, such provisions shall apply to the enlarged or extended portion of such use.

C1 C5 C6-5 C6-7

In the districts indicated, all such uses shall be located within completely enclosed buildings.

C2 C3 C4 C6-1 C6-2 C6-3 C6-4 C6-6 C6-8 C6-9 C8

In the districts indicated, all such uses shall be located within completely enclosed buildings or within buildings which are completely enclosed except for store fronts or store windows which may be opened to serve customers outside the building.

C1 C2 C3

In the districts indicated, in any building, or portion of a building occupied on one or more of its upper stories by residential uses or by community facility uses, no commercial uses listed in Use Group 6, 7, 8, 9 or 14 shall be located above the level of the first story ceiling, provided, however, that permitted signs, other than advertising signs, accessory to such commercial uses may extend to a maximum height of two feet above the level of the finished floor of the second story, but in no event higher than six inches below the lowest window sill of the second story. In any other building, or portion thereof, not more than two stories may be occupied by commercial uses listed in Use Group 6A, 6B, 6C, 6F, 7, 8, 9 or 14.

However, in C1 or C2 Districts mapped within R9 or R10 Districts or in C1-8, C1-9, C2-7 or C2-8 Districts, non-residential uses listed in Use Group 6, 7, 8, 9 or 14, where permitted by the applicable district regulations, may occupy the lowest two stories in any building constructed after September 17, 1970. For buildings constructed in such districts prior to September 17, 1970, located in Community District 6 in the Borough of Manhattan, such non-residential uses may occupy the lowest two stories in such building, provided that:

(a)        the Chairperson of the City Planning Commission certifies to the Commissioner of Buildings that the second story has not been occupied by a community facility use, a dwelling unit or a rooming unit, notwithstanding the certificate of occupancy, if any, for a continuous period from May 1, 2013, until a certification has been issued pursuant to this Section; and

(b)        the second story of at least one other building on the same block frontage is occupied by a use listed in Use Groups 6, 7, 8, 9 or 14.

C4 C5 C6

In the districts indicated, in any building, or portion of a building occupied by residential uses, commercial uses listed in Use Group 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 or 16 may be located only on a story below the lowest story occupied in whole or in part by such dwelling units or rooming units, except that this limitation shall not preclude the location of any such commercial use below the level of the first story ceiling, or the extension of a permitted sign, other than an advertising sign, accessory to such commercial use, to a maximum height of two feet above the level of the finished floor of the second story, but in no event higher than six inches below the lowest window sill on the second story.

C4 C5

In the districts indicated, uses in the Use Groups listed in the following table and marked with asterisks in the Use Group listing shall be located only as follows and as set forth in the following table:

(a)        on a floor above or below the ground floor; or

(b)        on the ground floor, but not within 50 feet of any street wall of the building and with no show window facing on the street.

District

Use Group in Which Limitation Applies

C4

8, 9 or 12

C5

6, 9 or 11

C1-8A C1-9A C2-7A C2-8A C4-6A C4-7A

In the districts indicated, and in C1 and C2 Districts mapped within R9A and R10A Districts, uses within stories that have a floor level within five feet of curb level fronting on a wide street shall be limited to non-residential uses except for Type 1 lobbies, and entryways to subway stations provided in accordance with the applicable provisions of Section 37-33 (Maximum Width of Certain Uses).

Non-residential use shall have a depth of at least 15 feet from the street wall. Such minimum depth requirement may be reduced, however, to the minimum extent necessary, to accommodate a vertical circulation core, or structural columns associated with upper stories of the building. No more than 8,000 square feet shall be devoted to Use Group 6B within stories that have a floor level within five feet of curb level.

The provisions of Section 32-512 (For corner lots) shall not apply.

The provisions of this Section shall not apply within Community Board 7, Borough of Manhattan.

Within the boundaries of Community Board 7 in the Borough of Manhattan, when a development, enlargement or change of use is located in an R10 equivalent Commercial District, uses within stories that have a floor level within five feet of curb level fronting on a wide street shall be limited to non-residential uses, except for Type 1 lobbies, and entryways to subway stations provided in accordance with the applicable provisions of Section 37-33 (Maximum Width of Certain Uses).

C1 C2 C4

In all C1, C2 and C4 Districts in the Borough of Staten Island, ground floor uses shall conform with the provisions of this Section.

(a)        Ground floor level use requirements

(1)        Along primary street frontages

For buildings, or portions thereof, with primary street frontage, as defined in Section 37-311, uses on the ground floor level, to the minimum depth set forth in Section 37-32 (Ground Floor Depth Requirements for Certain Uses), shall be limited to non-residential uses except for Type 1 lobbies, and entrances and exits to accessory parking spaces provided in accordance with the applicable provisions of Section 37-33 (Maximum Width of Certain Uses). Any accessory off-street parking spaces located on the ground floor level shall be wrapped by floor area in accordance with the provisions of paragraph (a) of Section 37-35 (Parking Wrap and Screening Requirements).

(2)        Along secondary street frontages

For buildings, or portions thereof, with secondary street frontage, as defined in Section 37-311, all uses permitted by the underlying district shall be permitted on the ground floor level, provided that any accessory off-street parking spaces located on the ground floor level shall be wrapped or screened in accordance with the provisions of Section 37-35.

The level of the finished floor of such ground floor shall be located not higher than two feet above nor lower than two feet below the as-built level of the adjoining street.

(b)        Non-conforming buildings

Buildings containing non-conforming residential uses on the ground floor shall be permitted to enlarge without regard to the use regulations of this Section, provided that such enlargement complies with the provisions of the residential yard regulations set forth in Section 23-40.

C4-5D C6-3D

In the districts indicated and in C2 Districts mapped within R7D or R9D Districts, uses within stories that have a floor level within five feet of curb level shall be limited to non-residential uses which shall extend along the entire width of the building, except for Type 1 lobbies, entrances and exits to accessory off-street parking facilities, and entryways to subway stations provided in accordance with the provisions of Section 37-33 (Maximum Width of Certain Uses). Such non-residential uses comply with the minimum depth provisions of Section 37-32 (Ground Floor Depth Requirements for Certain Uses).

Enclosed parking spaces, or parking spaces within a building, including such spaces accessory to residences, shall be permitted to occupy stories that have a floor level within five feet of curb level provided they comply with the provisions of Section 37-35 (Parking Wrap and Screening Requirements). Loading berths serving any permitted use in the building may occupy up to 40 feet of such street frontage and, if such building fronts on both a wide street and a narrow street, such loading berth shall be located only on a narrow street.

In C4-5D and C6-3D Districts, and in C2 Districts mapped within R7D or R9D Districts, each ground floor level street wall in a building developed or enlarged on the ground floor level shall comply with the glazing provisions set forth in Section 37-34 (Minimum Transparency Requirements).

The regulations of this Section shall apply to any development occupied by predominantly residential use, constructed after April 21, 1977, located on any zoning lot within C1-8, C1-9, C2-7, C2-8, C4-6, C4-7, C5-1, C5-2, C5-4, C6-3, C6-4, C6-5 or C6-8 Districts, or C1 or C2 Districts mapped within R9 or R10 Districts. However, this Section shall not apply within any Special Purpose District nor shall it apply to any Quality Housing building, except as otherwise set forth herein.

An application to the Department of Buildings for a permit respecting any development shall include a plan and an elevation drawn to a scale of at least one-sixteenth inch to a foot of the new building and buildings on contiguous lots or contiguous blocks showing signs, other than advertising signs, arcades, street wall articulation, curb cuts, street trees, sidewalk paving, central refuse storage area and such other necessary information as may be required by the Commissioner of Buildings.

(a)        Definitions

For the purposes of this Section, the following definitions shall be applicable.

Contiguous block

For the purposes of this Section, inclusive, a "contiguous block" is a block containing one or more zoning lots separated by a narrow street from the block containing the development.

Contiguous lot

For the purposes of this Section, inclusive, a "contiguous lot" is a zoning lot which shares a common side lot line with the zoning lot of the development.

Development

For the purposes of this Section, inclusive, in addition to the definition of development in Section 12-10 (DEFINITIONS), "development" shall also include an enlargement involving an increase in lot coverage.

Predominantly residential use

For the purposes of this Section, inclusive, a "predominantly residential use" means a building having a residential floor area in excess of 50 percent of the total building floor area.

(b)        Applicability of Article II, Chapter 6

In C1-8, C1-9, C2-7, C2-8, C4-6, C4-7, C5-1, C5-2, C5-4, C6-3, C6-4, C6-5 or C6-8 Districts, or C1 or C2 Districts mapped within R9 or R10 Districts, the regulations of Article II, Chapter 6 (Special Urban Design Guidelines), shall apply to any development occupied by predominantly residential use, except as modified by the provisions of this Section. The purpose of these modifications is to make the regulations of Article II, Chapter 6, applicable to Commercial Districts.

(c)        Retail Continuity

For buildings with front building walls that are at least 50 feet in width and front upon a wide street, a minimum of 50 percent of the width of such front building wall shall be occupied at the ground floor level by commercial uses, as permitted by district regulations.

In C1-8, C1-9, C2-7, C2-8 and C4-6 Districts and C1 or C2 Districts mapped within R9 or R10 Districts, uses which occupy such 50 percent of the front building wall shall be limited to those listed in Use Groups 6A, 6C and 6F, excluding banks and loan offices, except that in C4-6 Districts only, such uses may additionally include those listed in Use Groups 8A, 8B and 10A. All uses permitted by the underlying district regulations are permitted in the remaining 50 percent of the front building wall.

Such requirement of commercial uses for a minimum of 50 percent of the front building wall may be waived, or additional uses permitted, upon certification by the City Planning Commission to the Commissioner of Buildings that an adequate supply of such uses already exists at the ground floor level in the surrounding area.

The Commission may require that an application for such certification of additional uses for a completed building, where floor area has been designated for occupancy for such commercial uses, establish that a good faith effort has been made to secure tenancy by such uses.

(d)        Ground floor transparency and articulation

When any building wall which is five feet or more in height adjoins a sidewalk, a public plaza or an arcade, ground floor level transparency shall be provided in accordance with the provisions of Section 37-34 (Minimum Transparency Requirements).

In addition, any portion of such building wall, 50 feet or more in width, which contains no transparent element between curb level and 12 feet above curb level or the ceiling of the ground floor, whichever is higher, or to its full height if such wall is less than 12 feet in height, shall be covered with ivy or similar planting or contain artwork or be treated so as to provide visual relief. Plants shall be planted in soil having a depth of not less than 2 feet, 6 inches, and a minimum width of 24 inches. If artwork is being used, approval by the New York City Design Commission shall be obtained prior to the certificate of occupancy being issued for the development.

(e)        Sign regulations

In addition to the applicable district regulations in C1-8, C1-9, C2-7, C2-8 and C4-6 Districts and C1 or C2 Districts mapped within R9 or R10 Districts, all signs, other than advertising signs and window signs, shall be located in a horizontal band not higher than three feet, the base of which is located not higher than 17 feet above curb level. Where there is a grade change of at least 1.5 feet in 100 along the portion of the street upon which the development fronts, such signage band may be staggered along such street.

When a building on a contiguous lot or contiguous block contains accessory business signs within a coordinated horizontal band along its street frontage, the signage strip along the development shall be located at the same elevation as the adjacent band, but in no event higher than 17 feet above curb level. Where coordinated horizontal bands exist on two contiguous lots or contiguous blocks on both sides of the development, the signage strip shall be located at the same elevation as one adjacent band, or between the elevations of the two. For the purpose of this Section, the elevation is measured from the curb level to the base of the signage strip.

The City Planning Commission may, by certification to the Commissioner of Buildings, allow modifications of the requirements of this Section. Such modifications will be permitted when the Commission finds that such modifications will enhance the design quality of the street wall.

Words in italics are defined in Section 12-10 or, if applicable exclusively to this Section, in this Section or in Section 98-01.

C1 C2 C3 C4 C5 C6 C7 C8

(a)        In all districts, as indicated, railroad or transit air space may be developed or used only for a permitted use accessory to the railroad or transit right-of-way or yard, a use permitted by the City Planning Commission as set forth in Section 74-681 (Development within or over a railroad or transit right-of-way or yard), or a railroad passenger station permitted by the Commission as set forth in Section 74-62 (Railroad Passenger Stations) unless the right-of-way or yard or portion thereof is no longer required for railroad or transit use as set forth in paragraph (b) of this Section.

If any building or other structure constructed in such railroad or transit air space in accordance with the provisions of Section 74-681 is enlarged or replaced by a new building or other structure, the provisions of this Section shall apply to such enlargement or replacement.

However, any use legally established in such railroad or transit air space in accordance with the provisions of Section 74-681 may be changed to another use listed in a permitted Use Group and no additional special permit from the Commission shall be required for such change of use.

Any building or other structure within or over a railroad or transit right-of-way or yard, which building or other structure was completed prior to September 27, 1962, or constructed in accordance with the applicable provisions of Sections 11-31 to 11-34, inclusive, prior to December 5, 1991, may be enlarged or replaced in accordance with the applicable district regulations without any requirement for a special permit from the Commission. Ownership of rights permitting the enlargement or replacement of such a building or other structure shall be deemed to be equivalent to ownership of a zoning lot or portion thereof, provided that such enlargement or replacement will be on one block and the rights are in single ownership and recorded prior to February 22, 1990. Such ownership of rights shall be deemed to include alternative arrangements specified in the zoning lot definition in Section 12-10 (DEFINITIONS).

Enlargement or replacement utilizing these ownership rights shall be deemed to be constructed upon the equivalent of a zoning lot.

(b)        When the use of a railroad or transit right-of-way or yard or portion thereof has been permanently discontinued or terminated and a large-scale residential or community facility development or a large-scale general development requiring one or more special permits is proposed, no use or development of the property shall be allowed until the Commission has authorized the size and configuration of all zoning lots on such property. As a condition for such authorization, the Commission shall find that:

(1)        the proposed zoning lots, indicated by a map describing the boundaries of the total area of each lot, are not excessively large, elongated or irregular in shape and that no development on any zoning lot would result in the potential for an excessive concentration of bulk that would be incompatible with allowable developments on adjoining property; and

(2)        each resulting zoning lot has direct access to one or more streets.

No subsequent alteration in size or configuration of any zoning lot approved by the Commission shall be permitted unless authorized by the Commission. The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects of such zoning lot designation on the character of the surrounding area. Such conditions shall be set forth in a written Declaration of Restrictions covering all tracts of land, or in separate written Declarations of Restrictions covering parts of such tracts of land and which in the aggregate cover the entire tract of land comprising the zoning lot, which is executed and recorded as specified in the definition of zoning lot in Section 12-10 (DEFINITIONS).

Prior to granting any zoning lot authorization relating to such right-of-way or yard, the Commission shall request the Metropolitan Transportation Authority and the Departments of Transportation of the State of New York and the City of New York to indicate within 30 days whether said agencies have any plan to use such property or portion thereof for a railroad or transit use.

(c)        Notwithstanding the above, the High Line, as defined in Section 98-01, shall be governed by the provisions of Section 98-16 (Air Space Over a Railroad or Transit Right-of-way or Yard).

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the location of primary business entrances, show windows or signs shall be subject to the provisions of this Section.

For the purposes of this Section, a lot of record or a group of contiguous lots of record held in single ownership or control at December 15, 1961, or any applicable amendment thereto shall be considered a single zoning lot, regardless of any subsequent subdivision.

For the purposes of this Section, a corner lot shall include the entire zoning lot notwithstanding the 100 foot limitation in the definition of corner lots in Section 12-10 (DEFINITIONS). All other zoning lots shall be considered zoning lots with single frontage.

The provisions of this Section shall not apply to:

(a)        vehicular entrances or exits for permitted drive-in uses or automotive service establishments or for permitted or required accessory off-street parking spaces or loading berths;

(b)        service entrances, or other entrances less than 3 feet, 6 inches in width;

(c)        windows other than show windows; or

(d)        ventilators, fire escapes or other appurtenances required by law.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, for zoning lots with single frontage, no primary business entrance, show window or sign shall be located on that portion of the street frontage within a distance of 20 feet from frontage on the same side of the street in a Residence District.

However, where the street frontage of such zoning lot or portion thereof within the Commercial District is less than 30 feet in length, the minimum distance shall be reduced to 10 feet. For zoning lots with a frontage of more than 30 feet, an application may be made to the Board of Standards and Appeals to reduce such minimum distance to 10 feet, as provided in Section 73-50 (Special Provisions Applying Along District Boundaries).

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, no primary business entrance, show window, or sign shall be located on that portion of the street frontage of a corner lot within 75 feet of frontage on the same side of the street in a Residence District.

However, primary business entrances, show windows or signs may be located on frontage less than 75 feet, but not less than 20 feet, from a Residence District boundary:

(a)        if the total length of the block face containing such frontage is less than 220 feet;

(b)        if such frontage adjoins frontage on a corner lot in a Residence District; or

(c)        if such frontage is separated from frontage in the Residence District by one or more zoning lots with single frontage.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, primary business entrances, show windows or signs may be located on any frontage within a Commercial District, if the Commissioner of Buildings finds that the zoning lot on which the business entrance, show window or sign is to be located:

(a)        is divided by a boundary between the Commercial District and a Residence District; or

(b)        is currently in the same ownership as adjoining property located in a Residence District and no building in the Residence District exists, or will in the future be erected, within a distance of 75 feet from the Commercial District, as evidenced by deed restrictions filed in an office of record binding the owner and the owner's heirs and assigns.

Words in italics are defined in Section 12-10 or, if applicable exclusively to this Chapter, in this Section.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, signs other than advertising signs are permitted subject to the provisions of the following Sections:

Section 32-64        (Surface Area and Illumination Provisions)

Section 32-65        (Permitted Projection or Height of Signs)

Section 32-66        (Additional Regulations for Signs Near Certain Parks and Designated Arterial Highways)

Section 32-67        (Special Provisions Applying along District Boundaries)

Section 32-68        (Permitted Signs on Residential or Mixed Buildings)

Section 32-69        (Additional Sign Regulations for Adult Establishments)

However, notwithstanding any provision of this Section, flags, banners or pennants other than those that are advertising signs, located on any zoning lot used primarily for community facility uses of a civic, philanthropic, educational or religious nature, are permitted in all districts, as indicated, without limitation.

C6-5 C6-7 C7 C8

In the districts indicated, advertising signs are permitted subject to the applicable provisions of the following Sections:

Section 32-64        (Surface Area and Illumination Provisions)

Section 32-65        (Permitted Projection or Height of Signs)

Section 32-66        (Additional Regulations for Signs Near Certain Parks and Designated Arterial Highways)

Section 32-67        (Special Provisions Applying along District Boundaries)

Section 32-68        (Permitted Signs on Residential or Mixed Buildings).

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted signs shall be subject to the restrictions on surface area and illumination as set forth in this Section, provided that the following signs shall be exempted from such restrictions on surface area:

Illuminated non-flashing signs other than advertising signs located in a window within a building, with a total surface area not exceeding eight square feet on any zoning lot and limited to not more than three such signs in any window.

For the purpose of determining permitted surface area of signs for zoning lots occupied by more than one establishment, any portion of such zoning lot occupied by a building or part of a building accommodating one or more establishments on the ground floor may be considered as a separate zoning lot.

No illuminated sign shall have a degree or method of illumination which exceeds standards established by the Department of Buildings by rule pursuant to the City Administrative Procedure Act. Such standards shall ensure that illumination on any illuminated sign does not project or reflect on residences, loft dwellings or joint living-work quarters for artists so as to interfere with the reasonable use and enjoyment thereof. Nothing herein shall be construed to authorize a sign with indirect illumination to arrange an external artificial source of illumination so that direct rays of light are projected from such artificial source into residences, loft dwellings or joint living-work quarters for artists.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the total surface area of all permitted signs, including non-illuminated or illuminated signs, shall not exceed the limitation established for non-illuminated signs, as set forth in Section 32-642.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, non-illuminated signs with total surface areas not exceeding those shown in the following table are permitted:

District

Maximum Surface Area

C3

50 square feet

C1 C2

Three times the street frontage of the zoning lot (in feet), but in no event more than 150 sq. ft. for interior or through lots or 150 sq. ft. on each frontage for corner lots.

C5-1 C5-2 C5-3 C5-5

Three times the street frontage of the zoning lot (in feet), but in no event more than 200 sq. ft. for interior or through lots or 200 sq. ft. on each frontage for corner lots.

C4 C5-4 C6-1 C6-2 C6-3

C6-4 C6-6 C6-8 C6-9

Five times the street frontage of the zoning lot (in feet), but in no event more than 500 sq. ft. for interior or through lots or 500 sq. ft. on each frontage for corner lots.

C8

Six times the street frontage of the zoning lot (in feet), but in no event more than 750 sq. ft. for each sign.

C6-5 C6-7 C7

No restrictions as to size

C1 C2

In the districts indicated, illuminated non-flashing signs are permitted with a total surface area (in square feet) not exceeding three times the street frontage of the zoning lot in feet, but in no event shall the total surface area exceed 50 square feet for interior or through lots or 50 square feet on each frontage for corner lots.

C4 C5-4 C6 C7

In the districts indicated, illuminated or flashing signs with total surface areas not exceeding those shown in the following table are permitted:

District

Maximum Surface Area
(in square feet)

C4 C5-4

C6-1 C6-2 C6-3 C6-4

C6-6 C6-8 C6-9

Five times the street frontage of the zoning lot (in feet), but in no event more than 500 square feet for interior or through lots or 500 square feet on each frontage for corner lots.

C6-5 C6-7 C7

No restrictions as to size

However, in a C6-1A District, flashing signs are not permitted.

C8

In the district indicated, illuminated or flashing signs, other than advertising signs, and advertising signs with indirect illumination, are permitted, provided that the total surface area of all such signs (in square feet) shall not exceed five times the street frontage of the zoning lot (in feet) and that the surface area of each sign shall not exceed 500 square feet.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted signs are subject to the applicable regulations of this Section.

C6-5 C6-7 C7

In the districts indicated, except as otherwise provided in Section 32-653 (Additional regulations for projecting signs), no permitted sign shall project across a street line more than eight feet.

C1 C2 C3 C4 C5 C6-1 C6-2 C6-3 C6-4 C6-6 C6-8 C6-9 C8

In the districts indicated, except as otherwise provided in Section 32-653 (Additional regulations for projecting signs), no permitted sign shall project across a street line more than 18 inches for double- or multi-faceted signs or 12 inches for all other signs.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, permitted signs other than advertising signs may be displayed as follows:

(a)        Non-illuminated signs may be displayed on awnings or canopies permitted by the Administrative Code, with a surface area not exceeding 12 square feet and with the height of letters not exceeding 12 inches. Any commercial copy on such signs shall be limited to identification of the name or address of the building or an establishment contained therein.

(b)        Signs may be displayed on marquees permitted by the Administrative Code, provided that no such sign in a district other than a C6-5, C6-7 or C7 District shall project more than 48 inches above nor more than 12 inches below such marquee.

C8

In the district indicated, permitted signs shall not extend to a height greater than 40 feet above curb level, provided that non-illuminated signs or signs with indirect illumination may extend to a maximum height of 58 feet.

C1 C2 C3 C4 C5 C6 C7

In the districts indicated, no permitted sign shall extend above curb level at a height greater than the following:

Districts

Maximum Height
(in feet)

C1 C2 C3
C5-1 C5-2 C5-3 C5-5

25

C4 C5-4 C6-1 C6-2 C6-3 C6-4 C6-6 C6-8 C6-9

40

C6-5 C6-7 C7

No restriction as to height

C1 C2 C3 C4 C5 C6-1 C6-2 C6-3 C6-4 C6-6 C6-8 C6-9

In the districts indicated, no sign displayed from the wall of a building or other structure shall extend above the parapet wall or roof of such building or other structure, except that a vertical sign, the horizontal width of which, parallel to the wall, does not exceed 28 inches, may extend no higher than 15 feet above the roof level.

C1 C2 C3 C4 C5 C6-1 C6-2 C6-3 C6-4 C6-6 C6-8 C6-9

In the districts indicated, no signs shall be permitted on the roof of any building.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted signs are subject to the applicable regulations of this Section.

For the purposes of this Section, arterial highways shall include all highways that are shown on the Master Plan of Arterial Highways and Major Streets as "principal routes," "parkways" or "toll crossings," and that have been designated by the City Planning Commission as arterial highways to which the provisions of this Section shall apply.

C6-5 C6-7 C7 C8

In the districts indicated, and within 200 feet of an arterial highway or a public park with an area of one-half acre or more, no permitted sign that is within view of such arterial highway or public park shall exceed 500 square feet of surface area.

Beyond 200 feet from such arterial highway or public park, the surface area of such signs may be increased one square foot for each linear foot such sign is located from the arterial highway or public park.

Upon application, these requirements shall be waived, provided that the Chairperson of the City Planning Commission certifies that:

(a)        such waiver is limited to a single, non-flashing sign that is located on a zoning lot not less than one and one-half acres; and

(b)        all other permitted signs located on such zoning lot that are subject to the provisions of this Section conform with all the sign regulations applicable in C1 Districts.

C6-5 C6-7 C7 C8

In all districts, as indicated, no advertising sign shall be located, nor shall an existing advertising sign be structurally altered, relocated or reconstructed within 200 feet of an arterial highway or of a public park with an area of one half acre or more, if such advertising sign is within view of such arterial highway or public park. For the purposes of this Section, arterial highways shall include all highways which are shown on the Master Plan of Arterial Highways and Major Streets, as "principal routes," "parkways" or "toll crossings," and that have been designated by the City Planning Commission as arterial highways to which the provisions of this Section shall apply. Beyond 200 feet from such arterial highway or public park, an advertising sign shall be located at a distance of at least as many linear feet therefrom as there are square feet of surface area on the face of such sign. However, in all districts as indicated, the more restrictive of the following shall apply:

(1)        Any advertising sign erected, structurally altered, relocated or reconstructed prior to June 1, 1968, within 660 feet of the nearest edge of the right-of-way of an arterial highway, whose message is visible from such arterial highway, shall have legal non-conforming use status pursuant to Section 52-83, to the extent of its size existing on May 31, 1968.

(2)        Any advertising sign erected, structurally altered, relocated or reconstructed between June 1, 1968 and November 1, 1979, within 660 feet of the nearest edge of the right-of-way of an arterial highway, whose message is visible from such arterial highway, and whose size does not exceed 1,200 square feet in surface area on its face, 30 feet in height, and 60 feet in length, shall have legal non-conforming use status pursuant to Section 52-83, to the extent of its size existing on November 1, 1979. All advertising signs not in conformance with the standards set forth herein shall terminate.

No moving or stationary advertising sign shall be displayed on a vessel plying waterways adjacent to Commercial Districts and within view from an arterial highway. For the purposes of this Section, arterial highways shall include all highways that are shown on the Master Plan of Arterial Highways and Major Streets as "principal routes," "parkways" or "toll crossings" and that have been designated by the City Planning Commission as arterial highways to which the provisions of this Section shall apply.

For the purposes of this Section, advertising sign is a sign that directs attention to a profession, business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises of the vessel and is not accessory to a use on such vessel.

C2 C3 C4 C5 C6 C7 C8

In the districts indicated, and within 100 feet of the street line of any street or portion thereof in which the boundary of an adjoining Residence District is located, or which adjoins a public park of one-half acre or more, no advertising sign that faces at an angle of less than 165 degrees away from such Residence District or park boundary shall be permitted and all other signs facing at less than such an angle shall conform with all the sign regulations applicable in C1 Districts as set forth in Sections 32-62 through 32-68, inclusive, relating to Sign Regulations.

C1 C2 C3 C4 C5 C6

In the districts indicated, any use listed in Use Group 1 or 2 shall conform to the sign regulations for Residence Districts set forth in Sections 22-32 through 22-34. In residential or mixed buildings, residential sign regulations shall apply to the residential portion.

Where non-residential uses are permitted to occupy two floors of the building, all signs accessory to non-residential uses located on the second floor shall be non-illuminated signs, and shall be located below the level of the finished floor of the third story.

C6-4 C6-5 C6-6 C6-7 C6-8 C6-9 C7 C8

Signs, other than advertising signs, for adult establishments are permitted only as set forth in this Section and are limited to locations in the districts indicated.

All permitted signs, other than advertising signs, for adult establishments shall conform with all the sign regulations applicable in C1 Districts as set forth in this Chapter, except that the provisions of Section 32-64 (Surface Area and Illumination Provisions) shall not apply. In lieu thereof, the maximum surface area of all signs, other than advertising signs, for adult establishments shall not exceed, in the aggregate, three times the street frontage of the zoning lot, but in no event more than 150 square feet per establishment, of which no more than 50 square feet may be illuminated non-flashing signs.

The bulk regulations of this Chapter apply to commercial buildings, community facility buildings or buildings used partly for commercial use and partly for community facility use, on any zoning lot or portion of a zoning lot located in any Commercial District, including all developments or enlargements. As used in this Chapter, the term "any building" shall therefore not include a residential building or a mixed building, the bulk regulations for which are set forth in Article III, Chapter 4, and Article III, Chapter 5, respectively. In addition, the bulk regulations of this Chapter, or of specified sections thereof, also apply in other provisions of this Resolution where they are incorporated by cross reference.

Existing buildings or other structures that do not comply with one or more of the applicable bulk regulations are non-complying buildings or other structures and are subject to the regulations set forth in Article V, Chapter 4.

Special regulations applying to large-scale residential developments or community facility uses in large-scale residential developments are set forth in Article VII, Chapter 8 and special regulations applying to large-scale community facility developments are set forth in Article VII, Chapter 9.

Special regulations applying only in Special Purpose Districts are set forth in Articles VIII, IX, X, XI, XII, XIII and XIV.

All C6-1A Districts shall comply with the regulations of C6-1 Districts except as set forth in Sections 33-12, paragraph (c), 33-13, paragraph (b) and 33-15, paragraph (a).

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, the conversion of non-residential floor area, to residences in buildings erected prior to December 15, 1961, or January 1, 1977, as applicable, shall be subject to the provisions of Article I, Chapter 5 (Residential Conversion Within Existing Buildings), unless such conversions meet the requirements for residential development of Article II (Residence District Regulations).

Special regulations applying in the waterfront area are set forth in Article VI, Chapter 2.

Special regulations applying in the flood zone are set forth in Article VI, Chapter 4.

The applicability of the Quality Housing Program to commercial buildings, community facility buildings or buildings used partly for commercial use and partly for community facility use is set forth in this Section.

In C1 and C2 Districts mapped within R6 through R10 Districts with a letter suffix, and in C1-6A, C1-7A, C1-8A, C1-8X, C1-9A, C2-6A, C2-7A, C2-7X, C2-8A, C4-2A, C4-3A, C4-4A, C4-4D, C4-4L, C4-5A, C4-5D, C4-5X, C4-6A, C4-7A, C5-1A, C5-2A, C6-2A, C6-3A, C6-3D, C6-3X, C6-4A or C6-4X Districts, all buildings shall comply with the applicable height and setback regulations for Quality Housing buildings set forth in Article III, Chapter 5. Special regulations are set forth for buildings containing long-term care facilities or philanthropic or non-profit institutions with sleeping accommodations in Section 33-012 (Special provisions for certain community facility uses).

The provisions of this Section shall apply to buildings containing long-term care facilities or philanthropic or non-profit institutions with sleeping accommodations, as listed in Use Group 3.

(a)        Buildings containing long-term care facilities

(1)        Commercial Districts with a residential equivalent of an R1 or R2 District

In C1 or C2 Districts mapped within R1 or R2 Districts, where a long-term care facility is permitted pursuant to Section 74-901, the bulk regulations of this Chapter shall apply. The maximum floor area ratio for such long-term care facilities shall not exceed the applicable floor area ratio of paragraph (b) of Section 33-121 (In districts with bulk governed by Residence District bulk regulations), except as permitted by the City Planning Commission pursuant to Section 74-902 (Certain community facility uses in R1 and R2 Districts and certain Commercial Districts).

(2)        Commercial Districts with a residential equivalent of an R3 through R5 District

In C1 or C2 Districts mapped within R3-2 Districts, or within R4 or R5 Districts without a letter or number suffix, or in C3 Districts without a letter suffix, or in C4-1 Districts, the bulk regulations of Article II, Chapter 3 applicable to affordable independent residences for seniors, inclusive, shall apply to buildings, or portions thereof, containing long-term care facilities, except as follows:

(i)        the lot coverage provisions of Section 23-144 shall not apply;

(ii)        the minimum size of dwelling unit provisions of Section 23-23 shall not apply;

(iii)        the yard regulations of Sections 33-20 and 33-30 shall apply in lieu of Sections 23-40 and 23-50;  

(iv)        in C1 or C2 Districts mapped within R3-2 Districts or in C3 Districts without a letter suffix, the height and setback provisions of Section 33-40 shall apply in lieu of Section 23-60; and

(v)        in C1 or C2 Districts mapped within R5 Districts or in C4-1 Districts, the provisions of paragraph (j)(2) of Section 23-631 shall be modified so that the height of a building containing long-term care facilities may be increased to 55 feet beyond 25 feet of the street line on any zoning lot.

In all such Districts, the Commission may permit the bulk regulations of this Chapter to apply pursuant to the special permit in Section 74-903 (Certain community facility uses in R3 to R9 Districts and certain Commercial Districts).

The Residence District within which such Commercial Districts are mapped, or the applicable residential equivalent set forth in the tables in Section 35-23 (Residential Bulk Regulations in Other C1 or C2 Districts or in C3, C4, C5 or C6 Districts) shall be used to determine the applicable residential bulk regulations of Article II, Chapter 3.

In C1 or C2 Districts mapped within R3-1, R3A, R3X, R4-1, R4A, R4B, R5A, R5B or R5D Districts, or in C3A Districts, the bulk regulations of this Chapter shall apply to community facility buildings, or the community facility portion of a building containing long term care facilities, as applicable. The maximum floor area ratio for such long-term care facilities shall not exceed the applicable floor area ratio of paragraph (d) or (e) of Section 33-121, as applicable, except as permitted by the Commission pursuant to Section 74-903.

(3)        Commercial Districts with a residential equivalent of an R6 through R10 District

In C1 or C2 Districts mapped within R6 through R10 Districts, or in Commercial Districts with a residential equivalent of an R6 through R10 District, the bulk regulations of Article II, Chapter 3, applicable to affordable independent residences for seniors, inclusive, shall apply to buildings, or portions thereof, containing long-term care facilities, except as follows:

(i)        in C1 or C2 Districts mapped within R6A Districts or R6 Districts without a letter suffix, or in Commercial Districts with a residential equivalent of an R6A District or an R6 District without a letter suffix, the maximum floor area ratio for long-term care facilities shall be 3.6;

(ii)        in C1 or C2 Districts mapped within R7A Districts or R7 Districts without a letter suffix, or in Commercial Districts with a residential equivalent of an R7A District or an R7 District without a letter suffix, the maximum floor area ratio for long-term care facilities shall be 4.6;

(iii)        the minimum size of dwelling unit provisions of Section 23-23 shall not apply;

(iv)        the provisions of Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) shall be modified by Section 35-532 (Modification of permitted obstructions in required yards or rear yard equivalents for certain affordable independent residences for seniors); and

(v)        the provisions of Section 23-66 (Height and Setback Requirements for Quality Housing Buildings) shall be modified by Section 35-65.

The Residence District within which such Commercial Districts are mapped, or the applicable residential equivalent set forth in the tables in Section 35-23 (Residential Bulk Regulations in Other C1 or C2 Districts or in C3, C4, C5 or C6 Districts) shall be used to determine the applicable residential bulk regulations of Article II, Chapter 3.

In C1 or C2 Districts mapped within R6 through R10 Districts without a letter suffix, or in Commercial Districts with a residential equivalent of an R6 through R10 District without a letter suffix, the Commission may permit the bulk regulations of this Chapter to apply to such long-term care facilities pursuant to the special permit in Section 74-903.

(4)        Applicability of affordable independent residences for seniors bulk provisions

Where buildings containing long-term care facilities are required to utilize the bulk provisions applicable to affordable independent residences for seniors, such uses shall be considered residential for the purpose of applying such provisions, and the term dwelling unit shall include dwelling units and rooming units, as set forth in the Housing Maintenance Code.

(b)        Buildings containing philanthropic or non-profit institutions with sleeping accommodations

The provisions of this Chapter apply to buildings, or portions thereof, containing philanthropic or non-profit institutions with sleeping accommodations. In addition, the following special bulk provisions apply:

(1)        Commercial Districts with a residential equivalent of an R1 or R2 District

In C1 and C2 Districts mapped within R1 and R2 Districts, the maximum floor area ratio for a building that contains a philanthropic or non-profit institution with sleeping accommodations shall not exceed the floor area ratio set forth in paragraph (b) of Section 33-121, except as permitted by the Commission pursuant to Section 74-902.

(2)        Commercial Districts with a residential equivalent of an R3 through R10 District

In C1 or C2 Districts mapped within R3 through R9 Districts, the maximum floor area ratio for a building that contains a philanthropic or non-profit institution with sleeping accommodations shall not exceed the floor area ratio set forth in paragraphs (d) or (e) of Section 33-121, except as permitted by the Commission pursuant to Section 74-903.

In other Commercial Districts with a residential equivalent of R3 through R9 Districts, the maximum floor area ratio for a building that contains a philanthropic or non-profit institution with sleeping accommodations shall not exceed the floor area ratio set forth in paragraphs (a) and (b) of Section 33-123 (Community facility buildings or buildings used for both community facility and commercial uses in all other Commercial Districts), as applicable, except as permitted by the Commission pursuant to Section 74-903.

In C1 or C2 Districts mapped within R10 Districts or in Commercial Districts with a residential equivalent of an R10 District, the maximum floor area ratio for a building that contains a philanthropic or non-profit institution with sleeping accommodations shall not exceed the floor area ratio set forth in the tables of Sections 33-121 or 33-123, as applicable.

In R6 through R10 Districts without a letter suffix, the height and setback regulations for Quality Housing buildings set forth in Article II, Chapter 3, may be applied. However, the provisions of Section 23-66 are modified by Section 35-65 (Height and Setback Requirements for Quality Housing Buildings).

(c)        Applicability of Quality Housing Program elements

For all buildings containing long-term care facilities that utilize the bulk regulations for affordable independent residences for seniors in Article II, Chapter 3, as modified by Section 35-65, and for buildings containing philanthropic or non-profit institutions with sleeping accommodations that utilize the height and setback regulations for Quality Housing buildings in Section 35-65, the Quality Housing Program, and the associated mandatory and optional program elements, shall apply to such uses, as modified by paragraph (d) of Section 28-01 (Applicability of this Chapter).

Words in italics are defined in Section 12-10 or, if applicable exclusively to this Section, in this Section.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the following shall provide street trees in accordance with Section 26-41 (Street Tree Planting):

(a)        developments, or enlargements that increase the floor area on a zoning lot by 20 percent or more. However, street trees shall not be required for enlargements of single- or two-family residences, except as provided in paragraphs (b) and (c) of this Section;

(b)        enlargements of single- or two-family residences by 20 percent or more within the following special purpose districts:

Special Bay Ridge District;

Special Bay Street Corridor District;

Special Clinton District;

Special Downtown Brooklyn District;

Special Downtown Far Rockaway District;

Special Downtown Jamaica District;

Special East Harlem Corridors District;

Special Grand Concourse District;

Special Hillsides Preservation District;

Special Hudson Yards District;

Special Little Italy District;

Special Long Island City Mixed Use District;

Special Ocean Parkway District;

Special South Richmond Development District;

(c)        enlargements, pursuant to the Quality Housing Program, of single- or two-family residences by 20 percent or more;

(d)        conversions of 20 percent or more of the floor area of a building to a residential use; or

(e)        construction of a detached garage that is 400 square feet or greater.

The street frontage used to calculate the number of required trees may exclude the street frontage occupied by curb cuts serving uses listed in Use Groups 16B, 16C and 16D.

For areas designated as lower density growth management areas, pursuant to Section 12-10 (DEFINITIONS), the underlying district regulations shall apply. Such regulations are superseded or supplemented as set forth in the following Sections:

Section 11-45        (Authorizations or Permits in Lower Density Growth Management Areas)

Section 12-10        (DEFINITIONS - Floor area; Lower density growth management area; Private road)

Section 22-14        (Use Group 4 — Ambulatory diagnostic or treatment health care facilities)

Section 32-11        (Use Groups 1 and 2)

Section 32-433        (Ground floor use in C1, C2 and C4 Districts in the Borough of Staten Island)

Section 33-121        (In districts with bulk governed by Residence District bulk regulations)

Section 33-431        (In C1 or C2 Districts with bulk governed by surrounding Residence District)

Section 36-21        (General Provisions)

Section 36-231        (In districts with high, medium or low parking requirements)

Section 36-27        (Waiver for Certain Small Zoning Lots)

Section 36-521        (Size of spaces)

Section 36-581        (Special parking regulations for certain community facility uses in the Borough of Staten Island and Community District 10 in the Borough of the Bronx)

Section 37-10        (APPLICABILITY OF ARTICLE II, CHAPTER 6, TO LOTS WITH PRIVATE ROADS)

Section 37-20        (SPECIAL REGULATIONS FOR LOWER DENSITY GROWTH MANAGEMENT AREAS IN THE BOROUGH OF STATEN ISLAND); inclusive

Section 73-125        (Ambulatory diagnostic or treatment health care facilities)

Section 107-412        (Special bulk regulations for certain community facility uses in lower density growth management areas)

Section 107-42        (Minimum Lot Area and Lot Width for Residences)

Section 107-464        (Side yards for permitted non-residential use)

Section 107-62        (Yard, Court and Parking Regulations)

Section 119-05        (Applicability of Parking Location Regulations)

Section 119-214        (Tier II requirements for driveways and private roads)

Section 128-052        (Applicability of Article I, Chapter 2)

Words in italics are defined in Section 12-10 or, if applicable exclusively to this Section, in this Section.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, for any zoning lot, the maximum floor area ratio shall not exceed the floor area ratio set forth in this Section, except as otherwise provided in the following Sections:

Section 33-13        (Floor Area Bonus for a Public Plaza)

Section 33-14        (Floor Area Bonus for Arcades)

Section 33-15        (Floor Area Bonus for Front Yards)

Section 33-16        (Special Provisions for Zoning Lots Divided by District Boundaries)

Any given lot area shall be counted only once in determining the floor area ratio.

Where floor area in a building is shared by multiple uses, the floor area for such shared portion shall be attributed to each use proportionately, based on the percentage each use occupies of the total floor area of the zoning lot less any shared floor area.

Except where authorized by express provisions of this Resolution, the maximum floor area ratio shall not exceed the amount set forth in this Section by more than 20 percent.

In addition, the following limitations on maximum permitted floor area shall apply:

C1-8A C1-8X C1-9A C2-7A C2-7X C2-8A C4-6A C4-7A C5-1A C5-2A C6-2A C6-3A C6-3D C6-3X C6-4A

(a)        In contextual Commercial Districts

In the districts indicated, and in C1 and C2 Districts mapped within R9A, R9D, R9X, R10A or R10X Districts, no floor area bonuses are permitted.

(b)        In Community Board 7, Borough of Manhattan

Within the boundaries of Community Board 7 in Manhattan, in R10 equivalent Commercial Districts without a letter suffix, the maximum floor area ratio shall not exceed 10.0.

(c)        In C6-1A Districts

In C6-1A Districts, the maximum floor area ratio shall not exceed the amount set forth in this Section by more than 50 percent.

(d)        In C6-4X Districts

In C6-4X Districts, a floor area bonus shall only be permitted for a public plaza pursuant to Section 33-13.

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, for a zoning lot containing a commercial or community facility use, the maximum floor area ratio is determined by the Residence District within which such Commercial District is mapped and shall not exceed the maximum floor area ratio set forth in the following table:

MAXIMUM FLOOR AREA RATIO

District

Column A

For Zoning Lots Containing only Commercial Use

Column B

For Zoning Lots Containing only Community Facility Use

Column C

For Zoning Lots Containing both Commercial and Community Facility Uses

R1 R2

1.00

0.50

1.00

R3-1 R3A R3X

1.00

1.00

1.00

R3-2

1.00

1.60

1.60

R4 R5

1.00

2.00

2.00

R5D R6B

2.00

2.00

2.00

R6A R7B

2.00

3.00

3.00

R7A R8B

2.00

4.00*

4.00

R7D

2.00

4.20

4.20

R6 R7-1

2.00

4.80

4.80

R7X

2.00

5.00

5.00

R7-2 R8 R8A

2.00

6.50

6.50

R8X

2.00

6.00

6.00

R9

2.00

10.00

10.00

R9A

2.00

7.50

7.50

R9D

2.00

9.00

9.00

R9X

2.00

9.00

9.00

R10

2.00

10.00

10.00

________

*        In R8B Districts, within the boundaries of Community District 8 in the Borough of Manhattan, the maximum floor area ratio on a zoning lot containing community facility use exclusively shall not exceed 5.10

In addition, the following provisions shall apply:

(a)        For zoning lots containing both commercial uses and community facility uses, the total floor area used for commercial uses shall not exceed the amount permitted for zoning lots containing only commercial uses set forth in Column A.

(b)        In C1 and C2 Districts mapped within R1 and R2 Districts, the maximum floor area ratio for community facility uses on a zoning lot containing both commercial uses and community facility uses is 0.50 unless it is increased pursuant to the special permit provisions of Section 74-902 (Certain community facility uses in R1 and R2 Districts and certain Commercial Districts.)

(c)        In C1 and C2 Districts mapped within R1, R2, R3-1, R3A and R3X Districts in the Borough of Staten Island and in Community District 10 in the Borough of the Bronx, the maximum floor area ratio for any zoning lot containing a building used for ambulatory diagnostic or treatment health care facilities, as listed in Section 22-14 (Use Group 4), or child care services, as listed under the definition of school in Section 12-10 (DEFINITIONS) shall be 1.2.

(d)        In C1 and C2 Districts mapped within R3, R4, R5, R6, R7, R8 and R9 Districts, for any zoning lot containing philanthropic or non-profit institutions with sleeping accommodations, or in C1 and C2 Districts mapped within R3-1, R3A, R3X, R4-1, R4A, R4B, R5A, R5B and R5D Districts, for any zoning lot containing long-term care facilities, the total floor area for all such community facility uses shall not exceed the amount as set forth in paragraph (b) of Section 24-111 (Maximum floor area ratio for certain community facility uses) or, for Quality Housing buildings, as set forth in Section 23-153, unless modified pursuant to Section 74-903.

(e)        The maximum floor area ratio for any zoning lot used partly for commercial uses and partly for long-term care facilities in C1 and C2 Districts mapped within R3-1, R3A, R3X, R4-1, R4A, R4B, R5A, R5B and R5D Districts, or philanthropic or non-profit institutions with sleeping accommodations in C1 or C2 Districts mapped within R3 through R9 Districts, shall not exceed the amount permitted for a zoning lot containing commercial uses as set forth for the applicable Residence District within which such Commercial District is mapped in Column A. However, for the districts in which the allowable floor area ratio, as set forth in paragraph (b) of Section 24-111 or, for Quality Housing buildings, as set forth in Section 23-153, exceeds the amount permitted for a zoning lot containing commercial uses, as set forth in Column A, the provisions of paragraph (b) of Section 24-111 or Section 23-153, as applicable, shall be used to compute the maximum floor area permissible for the zoning lot unless modified pursuant to Section 74-903.

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C3 C4 C5 C6 C7 C8

In the districts indicated, the maximum floor area ratio for a zoning lot containing only commercial uses shall not exceed the floor area ratio set forth in the following table:

Districts

Maximum Floor Area Ratio

C3

0.50

C4-1 C8-1

1.00

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C7 C8-2 C8-3

2.00

C4-2A C4-3A

3.00

C4-2 C4-2F C4-3 C4-4 C4-4D C4-5 C4-6

3.40

C4-4A C4-4L C4-5A C4-5X C5-1

4.00

C4-5D

4.20

C8-4

5.00

C6-1 C6-2 C6-3

6.00

C6-3D

9.00

C4-7 C5-2 C5-4 C6-4 C6-5 C6-8

10.00

C5-3 C5-5 C6-6 C6-7 C6-9

15.00

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C3 C4 C5 C6 C8

In the districts indicated, the maximum floor area ratio for a zoning lot containing community facility uses, or for a zoning lot containing both commercial and community facility uses, shall not exceed the floor area ratio set forth in the following table:

Districts

Maximum Floor Area Ratio

C3

1.00

C4-1

2.00

C8-1

2.40

C4-2A C4-3A

3.00

C1-6A C2-6A C4-4A C4-4L C4-5A

4.00

C4-5D

4.20

C4-2 C4-3 C8-2

4.80

C4-5X

5.00

C6-1A

6.00

C1-6 C1-7 C2-6 C4-2F C4-4 C4-4D C4-5 C6-1 C6-2 C8-3 C8-4

6.50

C1-8A C2-7A C6-3A

7.50

C1-8X C2-7X C6-3D C6-3X

9.00

C1-8 C1-9 C2-7 C2-8 C4-6 C4-7 C5-1 C5-2 C5-4 C6-3 C6-4 C6-5 C6-8

10.00

C5-3 C5-5 C6-6 C6-7 C6-9

15.00

For zoning lots containing both commercial uses and community facility uses, the total floor area used for commercial uses shall not exceed the amount permitted for zoning lots containing only commercial uses in Section 33-122.

In addition, the following provisions shall apply:

(a)        In all Commercial Districts except C8 Districts, or districts with a residential equivalent of an R10 District, for any zoning lot containing philanthropic or non-profit institutions with sleeping accommodations, the total floor area used for such community facility use shall not exceed the amount as set forth in paragraph (b) of Section 24-111 (Maximum floor area ratio for certain community facility uses) or, for Quality Housing buildings, as set forth in Section 23-153, applying the equivalent Residence District (indicated in Section 34-112) for the Commercial District in which such use is located, unless modified pursuant to Section 74-903 (Certain community facility uses in R3 to R9 Districts and certain Commercial Districts).

(b)        The maximum floor area ratio for any zoning lot used partly for commercial use and partly for philanthropic or non-profit institutions with sleeping accommodations in Commercial Districts other than C8 Districts, or Commercial Districts with a residential equivalent of an R10 District, shall not exceed the amount permitted for a zoning lot containing commercial uses by the applicable district regulations. However, for the districts in which the allowable floor area ratio, as set forth in paragraph (b) of Section 24-111 or, for Quality Housing buildings, as set forth in Section 23-153, exceeds the amount permitted for a zoning lot containing commercial uses, the provisions of paragraph (b) of Section 24-111 or Section 23-153, as applicable, shall be used to compute the maximum floor area permissible for the zoning lot unless modified pursuant to Section 74-903.

(a)        Elimination or reduction in size of non-bonused open area on a zoning lot containing a bonused amenity

In all districts, any existing open area for which a floor area bonus has not been utilized that occupies the same zoning lot as an existing publicly accessible open area or other public amenity, open or enclosed, for which a floor area bonus has been utilized, may be reduced in size or eliminated only upon certification of the Chairperson of the City Planning Commission that all bonused amenities comply with the standards under which such floor area bonus was granted.

(b)        Kiosks and open air cafes

Kiosks and open air cafes may be placed within an existing publicly accessible open area for which a floor area bonus has been received by certification, pursuant to Section 37-73 (Kiosks and Open Air Cafes).

(c)        Nighttime closing of existing public open areas

In all Commercial Districts, the City Planning Commission may, upon application, authorize the closing during certain nighttime hours of an existing publicly accessible open area for which a floor area bonus has been received, pursuant to Section 37-727 (Hours of access).

(d)        Elimination or reduction in size of existing public amenities

In all Commercial Districts, no existing publicly accessible open area or other public amenity, open or enclosed, for which a floor area bonus has been utilized, shall be eliminated or reduced in size, except by special permit of the City Planning Commission, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).

C1-8 C1-9 C2-7 C2-8

(a)        Zoning lots containing community facility uses

In the districts indicated, and in other C1 or C2 Districts when mapped within R9 or R10 Districts, for zoning lots containing community facility uses, for each square foot of public plaza provided in accordance with Section 37-70, inclusive, the total floor area permitted on that zoning lot under the provisions of Section 33-12 (Maximum Floor Area Ratio) for a zoning lot containing only community facility uses or both commercial and community facility uses, may be increased by six square feet.

C4-7 C5-2 C5-3 C5-4 C5-5 C6-1 C6-2 C6-3 C6-4 C6-5 C6-6 C6-7 C6-8 C6-9

(b)        Zoning lots containing only commercial uses

In the districts indicated, for zoning lots containing only commercial uses, for each square foot of public plaza provided in accordance with Section 37-70, inclusive, the total floor area permitted on that zoning lot under the provisions of Section 33-12 for a commercial use may be increased as set forth in the following table:

Districts

Permitted Additional Square Feet of Floor Area per Square Foot of Public Plaza

C5-3 C5-5

C6-6 C6-7 C6-9

10 square feet

C4-7 C5-2 C5-4

C6-1A C6-4 C6-5 C6-8

6 square feet

C6-1 C6-2 C6-3

4 square feet

C4-6 C4-7 C5-1 C5-2 C5-3 C5-4 C6-1 C6-2 C6-3 C6-4 C6-5 C6-6 C6-7 C6-8 C6-9

(c)        Zoning lots containing community facility uses or both commercial and community facility uses

In the districts indicated, for zoning lots containing only community facility uses or both commercial and community facility uses, for each square foot of public plaza provided in accordance with Section 37-70, inclusive, the total floor area permitted on that zoning lot under the provisions of Section 33-12 may be increased as set forth in the following table:

Districts

Permitted Additional Square Feet of Floor Area per Square Foot of Public Plaza

C5-3 C5-5

C6-6 C6-7 C6-9

10 square feet

C4-6 C4-7

C5-1 C5-2 C5-4 C6-3 C6-4 C6-5 C6-8

6 square feet

C6-1 C6-2

4 square feet

C4-7 C5-2 C5-3 C5-4 C5-5 C6

(a)        In the districts indicated, for zoning lots containing commercial uses, for each square foot of arcade provided on a zoning lot in accordance with the provisions of Section 37-80 (ARCADES), the total floor area permitted on that zoning lot under the provisions of Section 33-12 (Maximum Floor Area Ratio) for a zoning lot containing only commercial uses may be increased as set forth in the following table:

FLOOR AREA BONUS

Districts

Permitted Additional Square Feet of Floor Area per Square Foot of Arcade

C4-7 C5-2 C5-3 C5-4 C5-5 C6-1A C6-4 C6-5 C6-6

C6-7 C6-8 C6-9

3 square feet

C6-1 C6-2 C6-3

2 square feet

C1-8 C1-9 C2-7 C2-8 C4-6 C4-7 C5 C6

(b)        In the districts indicated, and in C1 or C2 Districts when mapped within an R9 or R10 District, for zoning lots containing community facility uses, for each square foot of arcade provided on a zoning lot in accordance with the provisions of Section 37-80, the total floor area permitted on that zoning lot under the provisions of Section 33-12 for a zoning lot containing only community facility uses or both commercial and community facility uses may be increased as set forth in the following table:

FLOOR AREA BONUS

Districts

Permitted Additional Square Feet of Floor Area per Square Foot of Arcade

C1 or C2 when mapped within R9 or R10

C1-8 C1-9 C2-7 C2-8 C4-6 C4-7 C5 C6-3 C6-4 C6-5 C6-6 C6-7 C6-8 C6-9

3 square feet

C6-1 C6-2

2 square feet

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, when mapped within an R1, R2, R3, R4 or R5 District, except R5D Districts, on any zoning lot on which there are provided yards as set forth in this Section, the maximum floor area ratio set forth in Section 33-12 (Maximum Floor Area Ratio) for a zoning lot containing only community facility uses or both commercial and community facility uses, may be increased to the floor area ratio set forth in the following table provided that:

(a)        on interior lots, a front yard not less than 30 feet in depth is provided;

(b)        on corner lots, two front yards, each not less than 20 feet in depth, are provided; or

(c)        on through lots, a front yard not less than 30 feet in depth is provided along each front lot line.

MAXIMUM FLOOR AREA RATIO

Districts

Maximum Floor Area Ratio

Within R1, R2, R3-1, R3A or R3X Districts

1.60

Within R4 or R5 Districts

2.40

C3 C4-1

In the districts indicated, the provisions set forth in Section 33-151 shall also apply as set forth in the following table:

Districts

Maximum Floor Area Ratio

C3

1.60

C4-1

2.40

Regulations Applying to Special Situations

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, whenever a zoning lot is divided by a boundary between districts or is subject to other regulations resulting in different maximum floor area ratios on portions of the zoning lot, the provisions set forth in Article VII, Chapter 7, shall apply.

Definitions and General Provisions

Words in italics are defined in Section 12-10 or, if applicable exclusively to this Section, in this Section.

In all Commercial Districts, the level of a yard or of a rear yard equivalent shall not be higher than curb level. However, this Section shall not be construed to require that natural grade level be disturbed in order to comply with this requirement.

No building or other structure shall be erected above ground level in any required yard or rear yard equivalent except as otherwise provided in Section 33-23 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

In all Commercial Districts, the following obstructions shall be permitted when located within a required yard or rear yard equivalent:

(a)        In any yard or rear yard equivalent:

(1)        Arbors or trellises;

(2)        Awnings and other sun control devices, provided that when located at a level higher than the first story, excluding a basement, all such awnings and other sun control devices:

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

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

(3)        Canopies;

(4)        Chimneys, projecting not more than three feet into, and not exceeding two percent of the area of, the required yard or rear yard equivalent;

(5)        Eaves, gutters or downspouts, projecting into such yard or rear yard equivalent not more than 16 inches or 20 percent of the width of such yard or rear yard equivalent, whichever is the lesser distance;

(6)        Exterior wall thickness, where such wall thickness is added to the exterior face of a building wall existing on April 30, 2012, provided the added wall thickness has a thermal resistance (R-value) of at least 1.5 per inch, and is limited to one inch of thickness for every foot of existing yard width, up to a maximum thickness of eight inches. When an open area is provided along a common lot line, then such exterior wall thickness is limited to one inch for every foot of existing open area on the zoning lot;

Where buildings that have added exterior wall thickness pursuant to this Section are enlarged, such enlarged portion may similarly encroach upon required yards in order to align with the exterior walls of the existing building, provided such enlargement contains less floor area than the existing building, and there is no encroachment of floor area into a required yard;

(7)        Fences;

(8)        Flagpoles;

(9)        Parking spaces for automobiles or bicycles, off-street, open, accessory;

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

(11)        Steps, and ramps for people with disabilities;

(12)        Terraces or porches, open;

(13)        Walls, not exceeding eight feet in height and not roofed or part of a building.

(b)        In any rear yard or rear yard equivalent:

(1)        Balconies, unenclosed, subject to the provisions of Section 24-166;

(2)        Breezeways;

(3)        Any building or portion of a building used for any permitted use other than residences, except that any portion of a building containing rooms used for living or sleeping purposes (other than a room in a hospital used for the care or treatment of patients) shall not be a permitted obstruction, and provided that the height of such building shall not exceed one story, excluding basement, nor in any event 23 feet above curb level. In addition, decks, parapet walls, roof thickness, skylights, vegetated roofs, and weirs, pursuant to Section 33-42 (Permitted Obstructions), shall be permitted above such a building, or portion thereof;

(4)        Fire escapes;

(5)        Parking spaces for automobiles or bicycles, off-street, accessory, provided that the height of an accessory building used for such purposes and located in a required rear yard or rear yard equivalent shall not exceed 23 feet above curb level. In addition, decks, parapet walls, roof thickness, skylights, vegetated roofs, and weirs, as set forth in Section 33-42, shall be permitted above such an accessory building, or portion thereof;

(6)        Solar energy systems:

(i)        on the roof of a building permitted as an obstruction to such yard, up to four feet in height as measured perpendicular to the roof surface when located above a permitted commercial or community facility use or attached parking structure;

(ii)        on the roof of a building permitted as an obstruction to such yard, shall be limited to 18 inches in height as measured perpendicular to the roof surface when located above a shed or detached parking structure, or on any roof with a slope greater than 20 degrees;

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

(7)        Water-conserving devices required in connection with air conditioning or refrigeration systems in buildings existing prior to May 20, 1966, if located not less than eight feet from any lot line.

However, no portion of a rear yard equivalent that is also a required front yard or required side yard may contain any obstructions not permitted in such front yard or side yard.

In all Commercial Districts, the width or depth of a yard or rear yard equivalent shall be measured perpendicular to lot lines.

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In all districts, as indicated, no side yards are required. However, if an open area extending along a side lot line is provided at any level, it shall be either:

(a)        at least eight feet wide at every point; or

(b)        at least five feet wide at every point, with an average width of eight feet, such average being the mean of the width of the open area at its narrowest point and its width at its widest point, provided that:

(1)        such widest point shall be on a street line;

(2)        no portion of a building shall project beyond a straight line connecting such two points; and

(3)        in the case of a zoning lot bounded by a side lot line extending from street to street, such average shall be computed and such open area shall be provided as though each half of such side lot line bounded a separate zoning lot.

Permitted obstructions pursuant to paragraph (a) of Section 33-23 (Permitted Obstructions in Required Yards or Rear Yard Equivalents), shall be permitted in such open areas.

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In all districts, as indicated, a rear yard with a depth of not less than 20 feet shall be provided at every rear lot line on any zoning lot except as otherwise provided in Sections 33-27 (Special Provisions for Shallow Interior Lots), 33-28 (Special Provisions for Through Lots) or 33-30 (OTHER SPECIAL PROVISIONS FOR REAR YARDS). Rear yards shall also be provided along portions of side lot lines as set forth in Section 33-261 (Beyond one hundred feet of a street line).

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In all districts, as indicated, for corner lots, and for zoning lots that are bounded by two or more streets that are neither corner lots or through lots, the portion of a side lot line beyond 100 feet of the street line that it intersects shall be considered a rear lot line and a rear yard with a minimum depth of 20 feet shall be provided where such rear lot line coincides with a rear lot line of an adjoining zoning lot.

CORNER LOT

(33-261.1, 43-261.1)

ZONING LOT BOUNDED BY TWO OR MORE STREETS (NEITHER A CORNER LOT NOR A THROUGH LOT)
(33-261.2, 43-261.1)

Regulations Applying to Special Situations

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In all districts, as indicated, if an interior lot consists entirely of a tract of land:

(a)        which was owned separately and individually from all other adjoining tracts of land, both on December 15, 1961, and on the date of application for a building permit; and

(b)        which is less than 70 feet deep;

the depth of a required rear yard for such interior lot may be reduced by one foot for each two feet by which the maximum depth of such interior lot is less than 70 feet. No rear yard is required on any interior lot with a maximum depth of 50 feet or less.

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In all districts, as indicated, the regulations of this Section shall apply to all through lots. In the case of a zoning lot occupying an entire block, no rear yard or rear yard equivalent shall be required.

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In the districts indicated, no rear yard regulations shall apply to any through lot, except as otherwise provided in Section 33-303 (For zoning lots with multiple rear lot lines).

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In the districts indicated, no rear yard regulations shall apply to any through lots which extend less than 110 feet in maximum depth from street to street.

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In the districts indicated, on any through lot 110 feet or more in maximum depth from street to street, one of the following rear yard equivalents shall be provided:

(a)        an open area with a minimum depth of 40 feet midway (or within five feet of being midway) between the two street lines upon which such through lot fronts. In C1-6A, C1-7A, C1-8X, C1-9A, C2-6A, C2-7X, C2-8A and in C1 and C2 Districts mapped within R5D, R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X or R10 Districts, a rear yard equivalent shall be provided only as set forth in this paragraph; or

(b)        two open areas, each adjoining and extending along the full length of the street line, and each with a minimum depth of 20 feet measured from such street line; except that in C1 or C2 Districts the depth of such required open area along one street line may be decreased provided that a corresponding increase of the depth of the open area along the other street line is made; or

(c)        an open area adjoining and extending along the full length of each side lot line, with a minimum width of 20 feet measured from each such side lot line.

Any such rear yard equivalent shall be unobstructed from its lowest level to the sky, except as provided in Section 33-23 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

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In all districts, as indicated, open areas shall be provided in accordance with the provisions of this Section along the boundaries of Residence Districts except where such district boundaries are also the boundaries of railroad rights-of-way or cemeteries.

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In all districts, as indicated, along such portion of the boundary of a Commercial District that coincides with a side lot line of a zoning lot in an R1, R2, R3, R4 or R5 District an open area not higher than curb level shall be provided within the Commercial District with at least the width or depth set forth in the following table. Such an open area shall not be used for accessory off-street loading, or for storage or processing of any kind.

Districts

Required Width or Depth of Yard (in feet)

C1 C2 C3 C4 C5 C6 C7

8

C8

15

REQUIRED YARD ALONG DISTRICT BOUNDARY COINCIDENT WITH SIDE LOT LINES
(33 - 291)

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In all districts, as indicated, along such portion of the rear lot line of a zoning lot in a Commercial District which coincides with a rear lot line of a zoning lot in an adjoining Residence District, an open area at a level not higher than indicated in the following table, shall be provided along such boundary and within the Commercial District. Such an open area shall not be used for storage or processing of any kind.

REQUIRED DEPTH OF YARD

Districts

Maximum Level of Yard

Depth

(in feet)

C1 C2 C3 C4 C5 C6 C7

23 feet above curb level

30

C8

Curb level

30

REQUIRED YARD ALONG DISTRICT BOUNDARIES COINCIDENT WITH REAR LOT LINES
(33 - 292)

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In all districts, as indicated, along such portion of a side lot line of a zoning lot in a Commercial District that coincides with a rear lot line of a zoning lot in an adjoining Residence District, an open area at curb level of at least the width set forth in the following table shall be provided along such boundary within the Commercial District. Such an open area shall not be used for accessory off-street loading, or for storage or processing of any kind.

Districts

Required Width of Yard (in feet)

C1 C2 C3 C4 C5 C6 C7

8

C8

15

REQUIRED YARD ALONG DISTRICT BOUNDARIES
(33 - 293)

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In all districts, as indicated, the rear yard requirements set forth in Section 33-26 (Minimum Required Rear Yards) shall be modified as set forth in this Section.

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In all districts, as indicated, no rear yard shall be required within 100 feet of the point of intersection of two street lines intersecting at an angle of 135 degrees or less.

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In all districts, as indicated, whenever a front lot line of a zoning lot coincides with all or part of a street line measuring less than 230 feet in length between two intersecting streets, no rear yard shall be required within 100 feet of such front lot line.

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In all districts, as indicated, for zoning lots with multiple rear lot lines, if a rear yard extends from a rear lot line away from the street line which is used to determine such rear lot line, the following rules shall apply:

(a)        A rear yard with a minimum depth of 20 feet shall be provided where such rear lot line coincides with a rear lot line of an adjoining zoning lot.

(33-303a)

(b)        No rear yard shall be required where such rear lot line coincides with a side lot line of an adjoining zoning lot.

(c)        For portions of through lots that have multiple rear lot lines and such portions are not subject to interior lot regulations, the street line bounding the zoning lot closest to such rear lot line shall be used to determine compliance with this Section.

(33-303c)

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In all districts, as indicated, whenever a zoning lot is divided by a boundary between districts with different yard regulations, the provisions set forth in Article VII, Chapter 7 shall apply.

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(a)        In the districts indicated, the regulations set forth in Sections 33-26 through 33-30, inclusive, relating to rear yard regulations, may be modified in accordance with the provisions of Section 73-68 (Height and Setback and Yard Modifications).

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(b)        In all districts, the regulations set forth in Section 33-303 (For zoning lots with multiple rear lot lines) may be modified in accordance with the provisions of Section 73-69 (Rear Yard Modifications).

All buildings in Commercial Districts shall comply with the height and setback regulations set forth in this Section, inclusive. However, the height and setback regulations of this Section, inclusive, shall not apply in C1 and C2 Districts mapped within R6 through R10 Districts with a letter suffix, and in C1-6A, C1-7A, C1-8A, C1-8X, C1-9A, C2-6A, C2-7A, C2-7X, C2-8A, C4-2A, C4-3A, C4-4A, C4-4D, C4-4L, C4-5A, C4-5D, C4-5X, C4-6A, C4-7A, C5-1A, C5-2A, C6-2A, C6-3A, C6-3D, C6-3X, C6-4A or C6-4X Districts. In lieu thereof, all buildings in such districts shall comply with the applicable residential height and setback regulations for Quality Housing buildings set forth in Article II, Chapter 3, as modified by Article III, Chapter 5.  

Words in italics are defined in Section 12-10 or, if applicable exclusively to this Section, in this Section.

In all Commercial Districts, the following obstructions shall be permitted and may thus penetrate a maximum height limit or sky exposure planes, as set forth in Sections 33-43 (Maximum Height of Walls and Required Setbacks), 33-44 (Alternate Front Setbacks) or 33-491 (Limited Height Districts):

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

(1)        shall be limited to a maximum projection from a building wall of 2 feet, 6 inches, except when located on the first story above a setback;

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

(3)        may rise above the permitted building height, up to the height of a parapet wall or guardrail permitted in accordance with paragraph (j) of this Section.

When located on the first story above a setback, awnings and other sun control devices shall be limited to a projection of 50 percent of the depth of the required setback, and shall be limited, in total, to 50 percent of the width of the building wall from which they project;

(b)        Balconies, unenclosed, subject to the provisions of Section 24-166;

(c)        Building columns, having an aggregate width equal to not more than 20 percent of the aggregate width of street walls of a building, to a depth not exceeding 12 inches, in an initial setback distance, optional front open area, or any other required setback distance or open area set forth in Sections 33-43, 33-44 or 33-45 (Tower Regulations);

(d)        Chimneys or flues, with a total width not exceeding 10 percent of the aggregate width of street walls of a building at any given level;

(e)        Decks, and other surfaces for recreational activities, not more than 3 feet, 6 inches in height, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher;

(f)        Elevator or stair bulkheads (including shafts; and vestibules not larger than 60 square feet in area providing access to a roof), roof water tanks and accessory mechanical equipment (including enclosures), other than solar or wind energy systems, provided that:

(1)        such obstructions shall be located not less than 10 feet from the street wall of a building, except that such obstructions need not be set back more than 25 feet from a narrow street line or more than 20 feet from a wide street line. However, such restrictions on location shall not apply to elevator or stair bulkheads (including shafts or vestibules), provided the aggregate width of street walls of such bulkheads within 10 feet of a street wall, facing each street frontage, times their average height, in feet, does not exceed an area equal to four times the width, in feet, of the street wall of the building facing such frontage;

(2)        all mechanical equipment shall be screened on all sides;

(3)        such obstructions and screening are contained within a volume that complies with one of the following:

(i)        the product, in square feet, of the aggregate width of street walls of such obstructions facing each street frontage, times their average height, shall not exceed an area equal to eight times the width, in feet, of the street wall of the building facing such frontage; or

(ii)        the lot coverage of all such obstructions does not exceed 20 percent of the lot coverage of the building, and where the maximum permitted height of a building is less than 120 feet, such obstructions are limited to a maximum height of  25 feet, and  where the maximum permitted height of a building is 120 feet or greater, such obstructions are limited to a maximum height of 40 feet.

For the purposes of this paragraph, (f), abutting buildings on a single zoning lot may be considered to be a single building;

(g)        Exterior wall thickness, up to eight inches, 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. Where buildings that have added exterior wall thickness pursuant to this Section are enlarged, such enlarged portion may similarly penetrate a maximum height limit in order to align with the exterior walls of the existing building, provided such enlargement contains less floor area than the existing building, and there is no penetration of floor area above a maximum height limit;

(h)        Flagpoles or aerials;

(i)        House of worship towers, ornamental, having no floor area in portion of tower penetrating such height limit or sky exposure plane;

(j)        Parapet walls, not more than four feet in height, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher. A guardrail with a surface at least 70 percent open or with an opacity of not more than 30 percent (as viewed in elevation), shall be permitted above a parapet wall or within two feet of a parapet wall, provided such guardrail is not more than four feet above the accessible level of a roof. Such restriction on guardrail height shall not apply when located beyond two feet from a parapet wall;

(k)        Roof thickness, up to eight inches, to accommodate the addition of insulation, for buildings or portions of buildings constructed prior to April 30, 2012. For a building that has added roof thickness pursuant to this paragraph, an enlargement may align with the finished roof surface of such building, provided the enlarged portion does not exceed the maximum height limit by more than eight inches;

(l)        Rooftop greenhouses, permitted pursuant to Section 75-01 (Certification for Rooftop Greenhouses);

(m)        Skylights, clerestories or other daylighting devices, not more than four feet in height, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher. Such devices shall be limited to a lot coverage not greater than 10 percent of the lot coverage of the roof and be located at least eight feet from the street wall edge. However, such devices shall not be permitted obstructions above a roof with a slope greater than 20 degrees;

(n)        Solar energy systems:

(1)        on the roof of a building, up to four feet in height, as measured from the maximum height limit, or the finished level of the roof, whichever is higher;

(2)        on the roof of a building, greater than four feet in height, as measured from the maximum height limit, or the finished level of the roof, whichever is higher, provided that all such portions above four feet are set back at least six feet from a street wall, limited to a lot coverage not greater than 25 percent of the lot coverage of the roof and do not exceed:

(i)         in Commercial Districts mapped within R1 through R5 Districts and in C3 and C4-1 Districts, a height of six feet;

(ii)        in all other Commercial Districts and Commercial Districts mapped within R6 through R10 Districts, a height of 15 feet; and

(iii)        when located on a bulkhead or other obstruction pursuant to paragraph (f) of this Section, a height of six feet;

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

However, any installation on a roof with a slope greater than 20 degrees shall be limited to 18 inches in height, as measured perpendicular to the roof surface;

(o)        Spires or belfries;

(p)        Vegetated roofs, not more than 3 feet, 6 inches in height, excluding vegetation, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher. On roofs with slopes greater than 20 degrees, vegetated roofs shall be limited to a height of 12 inches measured perpendicular to such roof surface;

(q)        Weirs, check dams and other equipment for stormwater management, not more than 3 feet, 6 inches in height, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher;

(r)        Wind energy systems on portions of buildings with a height of 100 feet or greater, provided that:

(1)        the highest point of the wind turbine assembly does not exceed 55 feet;

(2)        no portion of the wind turbine assembly is closer than 10 feet to any lot line; and

(3)        in districts where new residences or new joint living-work quarters for artists are allowed as-of-right or by special permit or authorization, or within 100 feet of such districts, the diameter of the swept area of the rotor does not exceed 15 feet;

(s)        Window washing equipment mounted on a roof;

(t)        Wire, chain link or other transparent fences.

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In all districts, as indicated, if the front wall or other portion of a building or other structure is located at the street line or within the initial setback distance set forth in this Section, the height of such front wall or other portion of a building or other structure shall not exceed the maximum height above curb level set forth in this Section. Above such specified maximum height and beyond the initial setback distance, the building or other structure shall not penetrate the sky exposure plane set forth in this Section. The regulations of this Section shall apply except as otherwise provided in Sections 33-42 (Permitted Obstructions), 33-44 (Alternate Front Setbacks), 33-45 (Tower Regulations), 33-49 (Special Height Limitations), inclusive, 74-85 (Special Height and Setback Regulations) or 85-04 (Modifications of Bulk Regulations).

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, for buildings other than Quality Housing buildings, the maximum height of a front wall and the required front setback of a building or other structure shall be determined by the Residence District within which such Commercial District is mapped and, except as otherwise set forth in this Section, shall be as set forth in the following table:

MAXIMUM HEIGHT OF FRONT WALL AND REQUIRED FRONT SETBACKS

Initial Setback Distance
(in feet)

Maximum Height of a Front Wall or other portion of a Building or Other Structure within the Initial Setback Distance

Sky Exposure Plane

Height above the  Street Line (in feet)

Slope over Zoning Lot (Expressed as a Ratio of Vertical Distance to Horizontal Distance)

On Narrow Street

On Wide Street

On Narrow Street

On Wide Street

Vertical Distance

Horizontal Distance

Vertical Distance

Horizontal Distance

Within R1, R2, R3, R4, R5, R5A or R5B Districts

20

15

30 feet or two stories, whichever is less

30

1

to 1

1

to 1

Within R6 or R7 Districts

20

15

60 feet or four stories, whichever is less

60

2.7

to 1

5.6

to 1

Within R8, R9 or R10 Districts

20

15

85 feet or six stories, whichever is less

85

2.7

to 1

5.6

to 1

However, in accordance with the provisions of Section 32-42 (Location Within Buildings), no commercial building or portion thereof occupied by non-residential uses listed in Use Groups 6A, 6B, 6C, 6F, 7, 8, 9 or 14 shall exceed in height 30 feet or two stories, whichever is less.

For community facility buildings or buildings used for both community facility use and commercial use, when mapped within R4, R5, R5A or R5B Districts, the maximum height of a front wall shall be 35 feet or three stories, whichever is less, and the height above street line shall be 35 feet and, when mapped within R7-2 Districts, the maximum height of a front wall shall be 60 feet or six stories, whichever is less.

In C1 or C2 Districts mapped within R1, R2 or R3 Districts in the Borough of Staten Island or in Community District 10 in the Bronx, for buildings containing ambulatory diagnostic or treatment health care facilities, as listed in Section 22-14 (Use Group 4), or child care services, as listed under the definition of school in Section 12-10 (DEFINITIONS), the maximum height of a front wall or other portion of a building within the initial setback distance shall be 35 feet, or three stories, whichever is less. However, such increased height shall only be permitted beyond 20 feet of a Residence District boundary or beyond 20 feet of any portion of a building containing a residential use located in a Commercial District.

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C3 C4 C5 C6 C7 C8

In the districts indicated, for buildings other than Quality Housing buildings, the maximum height of a front wall and the required front setback of a building or other structure, except as otherwise set forth in this Section, shall be as set forth in the following table:

MAXIMUM HEIGHT OF FRONT WALL AND REQUIRED FRONT SETBACKS

Initial Setback Distance
(in feet)

Maximum Height of a Front Wall or other portion of a Building or Other Structure within the Initial Setback Distance

Sky Exposure Plane

Height above the  Street Line (in feet)

Slope over Zoning Lot (Expressed as a Ratio of Vertical Distance to Horizontal Distance)

On Narrow Street

On Wide Street

On Narrow Street

On Wide Street

Vertical Distance

Horizontal Distance

Vertical Distance

Horizontal Distance

Within C3 C4-1 C8-1 Districts

20

15

30 feet or two stories, whichever is less

30

1

to 1

1

to 1

Within C1-6 C2-6 C4-2 C4-3 C4-4 C4-5 C7 C8-2 C8-3 Districts

20

15

60 feet or four stories, whichever is less

60

2.7

to 1

5.6

to 1

Within C1-7 C1-8 C1-9 C2-7 C2-8 C4-2F C4-6 C4-7 C5 C6 C8-4 Districts

20

15

85 feet or six stories, whichever is less

85

2.7

to 1

5.6

to 1

However, in accordance with the provisions of Section 32-42 (Location within Buildings), in C1, C2 or C3 Districts, no commercial building, or portion thereof, occupied by non-residential uses listed in Use Group 6A, 6B, 6C, 6F, 7, 8, 9 or 14 shall exceed in height 30 feet or two stories, whichever is less.

In C4-1 or C8-1 Districts, for community facility buildings or buildings used for both community facility and commercial use, the maximum height of a front wall shall be 35 feet or three stories, whichever is less, and the height above street line shall be 35 feet.

In C1-6, C2-6, C4-4 or C4-5 Districts, for community facility buildings or buildings used for both community facility and commercial use, the maximum height of a front wall shall be 60 feet or six stories, whichever is less.

SKY EXPOSURE PLANE IN OTHER COMMERCIAL DISTRICTS
(23 - 632, 24 - 522, 33 - 432, 43 - 43)

(a)        Within the boundaries of Community District 7 in the Borough of Manhattan, all buildings or other structures located in an R10 equivalent Commercial Districts without a letter suffix shall comply with the requirements of Section 23-672 (Special height and setback regulations in R10 Districts within Community District7, Borough of Manhattan).

(b)         Within the boundaries of Community District 9 in the Borough of Manhattan, all buildings located in R8 Districts north of West 125th Street shall be developed or enlarged pursuant to Section 23-674 (Special height and setback regulations for certain sites in Community District 9, Borough of Manhattan).

(c)        In C1 or C2 Districts mapped within R5D Districts, all buildings or other structures shall comply with the applicable height and setback requirements of Section 23-60.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts as indicated, for buildings other than Quality Housing buildings, if an open area is provided along the full length of the front lot line with the minimum depth set forth in this Section, the provisions of Section 33-43 (Maximum Height of Walls and Required Setbacks) shall not apply. The minimum depth of such open area shall be measured perpendicular to the front lot line. However, in such instances, except as otherwise provided in Sections 33-42 (Permitted Obstructions), 33-45 (Tower Regulations) or 85-04 (Modifications of Bulk Regulations), no building or other structure shall penetrate the alternate sky exposure plane set forth in this Section, and the sky exposure plane shall be measured from a point above the street line.

If the open area provided under the terms of this Section is a public plaza, such open area may be counted for the bonus provided for a public plaza in the districts indicated in Section 33-13 (Floor Area Bonus for a Public Plaza).

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, the alternate front setback regulations applicable to a building or other structure shall be determined by the Residence District in which such Commercial District is mapped and, except as otherwise set forth in this Section, shall be as set forth in the following table:

ALTERNATE REQUIRED FRONT SETBACKS

Depth of Optional Front Open Area
(in feet)

Alternate Sky Exposure Plane

Height above Street Line
(in feet)

Slope over Zoning Lot (expressed as a ratio of vertical distance to horizontal distance)

On Narrow Street

On Wide Street

On Narrow Street

On Wide Street

Vertical Distance

Horizontal Distance

Vertical Distance

Horizontal Distance

Within R1, R2, R3, R4, R5, R5A or R5B Districts

15

10

30

1.4

to 1

1.4

to 1

Within R6 or R7 Districts

15

10

60

3.7

to 1

7.6

to 1

Within R8, R9 or R10 Districts

15

10

85

3.7

to 1

7.6

to 1

However, in accordance with the provisions of Section 32-42 (Location within Buildings), no commercial building, or portion thereof, occupied by non-residential uses listed in Use Group 6A, 6B, 6C, 6F, 7, 8, 9 or 14 shall exceed in height 30 feet or two stories, whichever is less.

For community facility buildings or buildings used for both community facility use and commercial use, when mapped within R4, R5, R5A or R5B Districts, the height above street line shall be 35 feet.

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C3 C4 C5 C6 C7 C8

In the districts indicated, the alternate front setback regulations applicable to a building or other structure shall be as set forth in the following table:

ALTERNATE REQUIRED FRONT SETBACKS

Depth of Optional Front Open Area
(in feet)

Alternate Sky Exposure Plane

Height above Street Line
(in feet)

Slope over Zoning Lot (Expressed as a Ratio of Vertical Distance to Horizontal Distance)

On Narrow Street

On Wide Street

On Narrow Street

On Wide Street

Vertical Distance

Horizontal Distance

Vertical Distance

Horizontal Distance

Within C3 C4-1 C8-1 Districts

15

10

30

1.4

to 1

1.4

to 1

Within C1-6 C2-6 C4-2 C4-3 C4-4 C4-5 C7 C8-2 C8-3 Districts

15

10

60

3.7

to 1

7.6

to 1

Within C1-7 C1-8 C1-9 C2-7 C2-8 C4-2F C4-6 C4-7 C5 C6 C8-4 Districts

15

10

85

3.7

to 1

7.6

to 1

However, in accordance with the provisions of Section 32-42 (Location Within Buildings), in C1, C2 or C3 Districts, no commercial building or portion thereof occupied by uses listed in Use Group 6A, 6B, 6C, 6F, 7, 8, 9 or 14 shall exceed in height 30 feet or two stories, whichever is less.

In C4-1 or C8-1 Districts, for community facility buildings or buildings used for both community facility use and commercial use, the maximum height above street line shall be 35 feet or three stories, whichever is less.

ALTERNATE SKY EXPOSURE PLANE

(23-64, 24-53, 33-442, 43-44)

Supplementary Regulations

C4-7 C5-2 C5-3 C5-4 C5-5 C6-4 C6-5 C6-6 C6-7 C6-8 C6-9

In the districts indicated, any buildings or portions thereof which in the aggregate occupy not more than 40 percent of the lot area of a zoning lot or, for zoning lots of less than 20,000 square feet, the percent set forth in Section 33-454 (Towers on small lots), may penetrate an established sky exposure plane. (Such building or portion thereof is hereinafter referred to as a tower.) At any given level, except where the provisions set forth in Section 33-455 (Alternate regulations for towers on lots bounded by two or more streets) or 33-456 (Alternate setback regulations on lots bounded by two or more streets) or 33-457 (Tower setbacks on narrow blocks) are applicable and where the option is taken to be governed by such provisions, such tower may occupy any portion of the zoning lot not located less than 15 feet from the street line of a narrow street, or less than 10 feet from the street line of a wide street, provided that the aggregate area so occupied within 50 feet of a narrow street shall not exceed 1,875 square feet and the aggregate area so occupied within 40 feet of a wide street shall not exceed 1,600 square feet.

If all of the buildings on a zoning lot containing such tower do not occupy at any level more than the maximum percent of the lot area set forth in this Section or Section 33-454 for towers, the tower may occupy any portion of the zoning lot located 20 feet or more from the street line of a narrow street or 15 feet or more from the street line of a wide street, provided that the aggregate area so occupied within 50 feet of a narrow street shall not exceed 2,250 square feet and the aggregate area so occupied within 40 feet of a wide street shall not exceed 2,000 square feet.

Unenclosed balconies, subject to the provisions of Section 24-166 (Balconies), are permitted to project into or over open areas not occupied by towers.

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, when mapped within an R7-2, R8, R9 or R10 District, the provisions set forth in Section 33-451 (In certain specified Commercial Districts) shall apply to any community facility building. If a building is used for both community facility and commercial uses, no portion of such building occupied by commercial use shall penetrate the sky exposure plane as set forth in Sections 33-43 (Maximum Height of Walls and Required Setbacks) or 33-44 (Alternate Front Setbacks).

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C4-4 C4-5 C4-6 C5-1 C6-1 C6-2 C6-3 C8-3 C8-4

In the districts indicated, the provisions set forth in Section 33-451 (In certain specified Commercial Districts) shall apply to any community facility building. If a building is used for both community facility and commercial uses, no portion of such building occupied by commercial use shall penetrate the sky exposure plane as set forth in Section 33-43 (Maximum Height of Walls and Required Setbacks) or 33-44 (Alternate Front Setbacks).

C1 C2 C4-4 C4-5 C4-6 C4-7 C5 C6 C8-3 C8-4

In the districts indicated, a tower permitted under the provisions of Sections 33-451, 33-452 or 33-453 may occupy the percent of the lot area of a zoning lot set forth in the following table:

LOT COVERAGE OF TOWERS ON SMALL ZONING LOTS

Area of Zoning Lot (in square feet)

Maximum Percent of Lot Coverage

10,500 or less

50

10,501 to 11,500

49

11,501 to 12,500

48

12,501 to 13,500

47

13,501 to 14,500

46

14,501 to 15,500

45

15,501 to 16,500

44

16,501 to 17,500

43

17,501 to 18,500

42

18,501 to 19,999

41

C5-3 C5-5 C6-6 C6-7 C6-9

In the districts indicated, if a zoning lot is bounded by at least two street lines, a tower may occupy the percent of the lot area of a zoning lot set forth in this Section, provided that, except as otherwise set forth in Section 33-457 (Tower setbacks on narrow blocks), all portions of any building or buildings on such zoning lot, including such tower, are set back from street lines as required in this Section.

(a)        The maximum percent of lot area that may be occupied by such tower, shall be the sum of 40 percent plus one-half of one percent for every .10 by which the floor area ratio of such zoning lot is less than the floor area ratio permitted under the provisions of Sections 33-12 (Maximum Floor Area Ratio), 33-13 (Floor Area Bonus for a Public Plaza) or 33-14 (Floor Area Bonus for Arcades). The maximum lot coverage for any tower built under the provisions of this Section or for any building or buildings on any zoning lot occupied by such tower shall be 55 percent of the lot area of such zoning lot.

(b)        At all levels, including ground level, such building shall be set back from the street line as follows:

(1)        On narrow streets, by a distance equal to at least the fraction of the aggregate width of street walls of the tower, the numerator of which fraction is one and the denominator of which fraction is the sum of 3.0 plus .0667 for every .10 by which the floor area ratio of such building is less than the floor area ratio permitted under the provisions of Sections 33-12, 33-13 or 33-14, provided that such fraction shall be no less than one-fifth, and provided further that such setback need not exceed 45 feet.

(2)        On wide streets, by a distance equal to at least the fraction of the aggregate width of street walls of the tower, the numerator of which fraction is one and the denominator of which fraction is the sum of 4.0 plus .10 for every .10 by which the floor area ratio of such building is less than the floor area ratio permitted under the provisions of Sections 33-12, 33-13 or 33-14, provided that such fraction shall be no less than one-seventh, and provided further that such setback need not exceed 35 feet.

(c)        If a zoning lot occupies an entire block, the maximum setback, set forth in paragraph (b) of this Section, of 45 feet on each narrow street bounding the zoning lot may be reduced by one foot for every six feet of setback provided on a wide street bounding the zoning lot in addition to the setbacks otherwise required for wide streets as set forth in such paragraph, provided that no setback on a narrow street resulting from such reduction shall be less than 35 feet or one-tenth the aggregate width of street walls of the tower, whichever shall require the greater setback.

(d)        The additional setbacks on wide streets set forth in paragraph (c) of this Section may be provided entirely on one wide street or divided in any proportion among any two wide streets bounding the zoning lot.

(e)        Notwithstanding any other provision set forth in this Section, no building or portion of a building built under the provisions of this Section shall be set back less than 25 feet from the street line on narrow streets or less than 15 feet from the street line on wide streets.

C5-3 C5-5 C6-6 C6-7 C6-9

In the districts indicated, except as otherwise set forth in Section 33-457 (Tower setbacks on narrow blocks), if a zoning lot is bounded by at least two street lines, a tower occupying not more than the percent of lot area set forth in Section 33-451 (In certain specified Commercial Districts) or 33-454 (Towers on small lots), may be set back from a street line as follows:

(a)        On narrow streets, by a distance equal to at least the fraction of the aggregate width of street walls of the tower, the numerator of which fraction is one and the denominator of which fraction is the sum of 3.0 plus .0333 for each .10 by which the floor area ratio of the zoning lot is less than the floor area ratio permitted under the provisions of Section 33-12, 33-13 or 33-14, provided that such fraction shall be no less than one-fifth, and provided further that such setback need not exceed 45 feet.

(b)        On wide streets, by a distance equal to at least the fraction of the aggregate width of street walls of the tower, the numerator of which fraction is one and the denominator of which fraction is the sum of 4.0 plus .05 for each .10 by which the floor area ratio of the zoning lot is less than the floor area ratio permitted under the provisions of Sections 33-12 (Maximum Floor Area Ratio), 33-13 (Floor Area Bonus for a Public Plaza) or 33-14 (Floor Area Bonus for Arcades), provided that such fraction shall be no less than one-seventh, and provided further that such setback need not exceed 35 feet.

(c)        Notwithstanding any other provisions set forth in this Section, no tower built under the provisions of this Section shall be set back less than 25 feet from the street line on narrow streets or less than 15 feet from the street line on wide streets.

C5-3 C5-5 C6-6 C6-7 C6-9

In the districts indicated, if a zoning lot is bounded by at least three street lines, and any two of the street lines are opposite to each other and parallel or within 45 degrees of being parallel to each other, and their average distance apart is 150 feet or less, the minimum distance a tower is required to be set back from such opposite street lines under the provisions of Section 33-455 (Alternate regulations for towers on lots bounded by two or more streets) or Section 33-456 (Alternate setback regulations on lots bounded by two or more streets), is reduced in accordance with the following table:

TOWER SETBACKS ON NARROW BLOCKS

Reduction of Required Tower Setback

Minimum Setback for Tower Built under Provisions of this Section

On narrow street

30 percent or 10 feet, whichever is less

15 feet

On wide street

40 percent or 10 feet, whichever is less

10 feet

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, a public park with an area of between one and 15 acres shall be considered a wide street for the purpose of applying the front height and setback regulations specified in Section 33-43 (Maximum Height of Walls and Required Setbacks) to any building or other structure on a zoning lot adjoining such public park. However, this Section shall not apply to a public park more than 75 percent of which is paved.

C5-5 C6-8 C6-9 C8

In the districts indicated, for commercial or community facility uses in specified situations, the Board of Standards and Appeals may modify the regulations set forth in Sections 33-41 to 33-45, inclusive, relating to Height and Setback Regulations, in accordance with the provisions of Section 73-68 (Height and Setback and Yard Modifications).

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, for certain community facility uses in specified situations, the Board of Standards and Appeals may modify the regulations set forth in Sections 33-40 through 33-45, inclusive, relating to Height and Setback Regulations in accordance with the provisions of Section 73-64 (Modifications for Community Facility Uses). However, for Quality Housing buildings utilizing the height and setback regulations of Article II, Chapter 3, as required by Section 33-40, the Board shall not permit modification to the provisions of Sections 23-67 through 23-69, inclusive.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, whenever a zoning lot is divided by a boundary between districts, or is subject to other regulations resulting in different height and setback regulations, or whenever a zoning lot is divided by a boundary between a district to which the provisions of Section 33-45 (Tower Regulations) apply and a district to which such provisions do not apply, the provisions set forth in Article VII, Chapter 7, shall apply.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, wherever such districts are located within a Limited Height District, the maximum height of a building or other structure, or portion thereof, shall be as shown in the following table:

Limited Height District

Maximum Height Above Curb Level or Base Plane, as Applicable

LH-1

50 feet

LH-1A

60 feet

LH-2

70 feet

LH-3

100 feet

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C4-4D C4-5D C4-5X C4-6A C4-7A C5-1A C5-2A C6-2A C6-3A C6-3D C6-3X C6-4A C6-4X

In the districts indicated, and in C1 and C2 Districts mapped within R7-2, R7D, R7X, R8, R9 and R10 Districts, the provisions of Section 23-692 (Height limitations for narrow buildings or enlargements) shall apply to portions of buildings with street walls less than 45 feet in width.

C1 C2 C3 C4 C5 C6 C8

In all districts, as indicated, the regulations set forth in the following Sections shall apply to all buildings containing community facility uses:

Section 24-61        (General Provisions and Applicability)

Section 24-62        (Minimum Dimensions of Courts)

Section 24-63        (Outer Court Regulations)

Section 24-64        (Inner Court Regulations)

Section 24-65        (Minimum Distance Between Required Windows and Walls or Lot Lines)

Section 24-66        (Modifications of Court Regulations or Distance Requirements)

Section 24-67        (Special Provisions for Buildings Used Partly for Residential Uses)

Section 24-68        (Permitted Obstructions in Courts).

The bulk regulations of this Chapter apply to any zoning lot containing only residential buildings in any Commercial District in which such buildings are permitted. Where a residential building and one or more buildings containing non-residential uses are on a single zoning lot, the bulk regulations of Article III, Chapter 5, shall apply. In addition, the bulk regulations of this Chapter or of specified Sections thereof also apply in other provisions of this Resolution where they are incorporated by cross reference.

However, in C3A Districts, the bulk regulations of this Chapter shall not apply to any residential building. In lieu thereof, the bulk regulations for R3A Districts in Article II, Chapter 3 (Residential Bulk Regulations in Residence Districts), shall apply to residential buildings.

In C4-4L Districts, the bulk regulations of this Chapter shall not apply to any residential building. In lieu thereof, the bulk regulations for C4-4L Districts in Article III, Chapter 5 (Bulk Regulations for Mixed Buildings in Commercial Districts), shall apply to residential buildings.

Existing buildings or other structures that do not comply with one or more of the applicable bulk regulations are non-complying buildings or other structures and are subject to the regulations set forth in Article V, Chapter 4.

Special regulations applying only in Special Purpose Districts are set forth in Articles VIII, IX, X, XI, XII, XIII and XIV.

All C6-1A Districts shall comply with the regulations of C6-1 Districts except as set forth in Section 34-112.

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, the conversion of non-residential floor area to residences in buildings erected prior to December 15, 1961, or January 1, 1977, as applicable, shall be subject to the provisions of Article I, Chapter 5 (Residential Conversion Within Existing Buildings), unless such conversions meet the requirements for new residential development of Article II (Residence District Regulations).

Special regulations applying in the waterfront area are set forth in Article VI, Chapter 2.

Special regulations applying in the flood zone are set forth in Article VI, Chapter 4.

(a)        In C1 and C2 Districts mapped within R6 through R10 Districts with a letter suffix, and in C1-6A, C1-7A, C1-8A, C1-8X, C1-9A, C2-6A, C2-7A, C2-7X, C2-8A, C4-2A, C4-3A, C4-4A, C4-4D, C4-4L, C4-5A, C4-5D, C4-5X, C4-6A, C4-7A, C5-1A, C5-2A, C6-2A, C6-3A, C6-3D, C6-3X, C6-4A or C6-4X Districts, residential buildings shall comply with applicable bulk regulations for Quality Housing buildings set forth in Article II, Chapter 3, except as modified by Section 34-20 (EXCEPTIONS TO APPLICABILITY OF RESIDENCE DISTRICT CONTROLS). In addition, Quality Housing buildings shall comply with all of the requirements of Article II, Chapter 8 (Quality Housing Program).

(b)        In C1 and C2 Districts mapped within R6 through R10 Districts without a letter suffix or other Commercial Districts with a residential equivalent of an R6 through R10 District without a letter suffix, the bulk regulations applicable to Quality Housing buildings set forth in paragraph (a) of this Section may, as an alternative, be applied to a building under the same conditions set forth in Sections 23-011 and 34-112.

(c)        In Commercial Districts, for Quality Housing buildings in which at least 50 percent of the dwelling units are income-restricted housing units, or at least 50 percent of its total floor area is a long-term care facility or philanthropic or non-profit institution with sleeping accommodation, the applicable bulk regulations of this Chapter may be modified for zoning lots with irregular site conditions or site planning constraints by special permit of the Board of Standards and Appeals, pursuant to Section 73-623 (Bulk modifications for certain Quality Housing buildings on irregular sites).

Words in italics are defined in Section 12-10 (DEFINITIONS) or, if applicable exclusively to this Section, in this Section.

C1 C2 C3 C4 C5 C6

In the districts indicated, the bulk regulations of Article II, Chapter 3, shall apply to all residential buildings in accordance with the provisions of this Section, except as modified by the provisions of Sections 34-21 through 34-24, relating to Exceptions to Applicability of Residence District Controls.

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, the bulk regulations for the Residence District within which such Commercial Districts are mapped apply, except that when such districts are mapped within R1 or R2 Districts, the bulk regulations for R3-2 Districts apply.

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C3 C4 C5 C6

In the districts indicated, the applicable bulk regulations are the bulk regulations for the Residence Districts set forth in the following table:

Districts

Applicable Residence District

C3

R3-2

C4-1

R5

C4-2 C4-3 C6-1A

R6

C4-2A C4-3A

R6A

C1-6 C2-6 C4-4 C4-5 C6-1

R7-2

C1-6A C2-6A C4-4A C4-5A

R7A

C4-5D

R7D

C4-5X

R7X

C1-7 C4-2F C6-2

R8

C1-7A C4-4D C6-2A

R8A

C1-8 C2-7 C6-3

R9

C1-8A C2-7A C6-3A

R9A

C6-3D

R9D

C1-8X C2-7X C6-3X

R9X

C1-9 C2-8 C4-6 C4-7 C5 C6-4 C6-5 C6-6 C6-7 C6-8 C6-9

R10

C1-9A C2-8A C4-6A C4-7A

C5-1A C5-2A C6-4A

R10A

C6-4X

R10X

(a)        Elimination or reduction in size of non-bonused open area on a zoning lot containing a bonused amenity

In all districts, any existing open area for which no floor area bonus has been utilized that occupies the same zoning lot as an existing publicly accessible open area or other public amenity, open or enclosed, for which a floor area bonus has been utilized, may be reduced in size or eliminated only upon certification of the Chairperson of the City Planning Commission that all bonused amenities comply with the standards under which such floor area bonus was granted.

(b)        Kiosks and open air cafes

Kiosks and open air cafes may be placed within an existing publicly accessible open area for which a floor area bonus has been received, by certification pursuant to Section 37-73 (Kiosks and Open Air Cafes).

(c)        Nighttime closing of existing public open areas

In all Commercial Districts, the Commission may, upon application, authorize the closing during certain nighttime hours of an existing publicly accessible open area for which a floor area bonus has been received, pursuant to Section 37-727 (Hours of access).

(d)        Elimination or reduction in size of existing public open areas

In all Commercial Districts, no existing publicly accessible open area, arcade or other public amenity, open or enclosed, for which a floor area bonus has been utilized, shall be eliminated or reduced in size, except by special permit of the City Planning Commission, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).

C1 C2 C3 C4 C5 C6

In the districts indicated, the bulk regulations applicable to residential buildings as set forth in Section 34-11 (General Provisions) are modified by the provisions of Sections 34-22 (Modification of Floor Area and Open Space Regulations), 34-23 (Modification of Yard Regulations) and 34-24 (Modification of Height and Setback Regulations). The purpose of these modifications is to make the regulations set forth in Article II, Chapter 3, applicable to Commercial Districts.

C1 C2 C3 C4 C5 C6

In the districts indicated, the floor area and open space regulations as set forth in Section 23-10 (OPEN SPACE AND FLOOR AREA REGULATIONS), inclusive, and made applicable to such districts in Section 34-11 (General Provisions), are modified as set forth in this Section.

C1 C2 C3 C4 C5 C6

In the districts indicated, the maximum floor area ratio on a zoning lot shall be the applicable maximum floor area ratio permitted pursuant to the provisions of Article II, Chapter 3, except as provided for in the following Sections:

Section 34-223        (Floor area bonus for a public plaza)

Section 34-224        (Floor area bonus for an arcade)

Section 34-225        (Floor area increase for Inclusionary Housing in C4-7 Districts within Community District 7, Borough of Manhattan).

C1 C2 C3 C4 C5 C6

A non-residential use occupying a building, or portion thereof, that was in existence on December 15, 1961, may be changed to a residential use and the regulations on minimum required open space ratio and maximum floor area ratio shall not apply to such change of use.

C4-6 C4-7 C5 C6-4 C6-5 C6-6 C6-7 C6-8 C6-9

In the districts indicated, except for Quality Housing buildings, for each square foot of public plaza provided in accordance with the provisions of Section 37-70, inclusive, the total floor area permitted on that zoning lot under the provisions of Section 23-15 (Open Space and Floor Area Regulations in R6 Through R10 Districts) may be increased by six square feet.

C4-6 C4-7 C5-1 C5-2 C5-4 C6-4 C6-5 C6-8

In the districts indicated, except for Quality Housing buildings, for each square foot of arcade provided in accordance with the provisions of Section 37-80 (ARCADES), the total floor area permitted on that zoning lot under the provisions of Section 23-15 (Open Space and Floor Area Regulations in R6 Through R10 Districts) may be increased by three square feet.

Notwithstanding the provisions for R10 Districts in Community District 7 in the Borough of Manhattan set forth in Section 23-16 (Special Floor Area and Lot Coverage Provisions for Certain Areas), in C4-7 Districts within Community District 7 in the Borough of Manhattan, the maximum residential floor area ratio may be increased pursuant to the Inclusionary Housing provisions of Sections 23-154 and 23-90.

C1 C2 C3 C4 C5 C6

In the districts indicated, except as otherwise provided in Section 34-233 (Special provisions applying along district boundaries), no front yard shall be required for any residential building.

C1 C2 C3 C4 C5 C6

In the districts indicated, except as otherwise provided in Section 34-233 (Special provisions applying along district boundaries), no side yard shall be required for any residential building. However, if any open area extending along a side lot line is provided, such open area shall have a width of not less than eight feet. Permitted obstructions, pursuant to paragraph (a) of Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents), shall be permitted in such open areas.

C1 C2 C3 C4 C5 C6

(a)        In the districts indicated, if a Commercial District boundary coincides with a side lot line of a zoning lot in an R1, R2, R3, R4 or R5 District and a side lot line of any adjoining zoning lot in such Commercial District, a front yard is required for the portion of such zoning lot in the Commercial District within 25 feet of the district boundary. The depth of such front yard shall be equal to the required depth of a front yard in the adjacent Residence District.

C1 C2 C3 C4 C5 C6

(b)        In the districts indicated, along such portion of the boundary of a Commercial District that coincides with a side lot line of a zoning lot in an R1, R2, R3, R4 or R5 District, an open area not higher than curb level with a width of at least eight feet is required for a residential building on a zoning lot within the Commercial District.

In addition, the provisions of paragraph (e) of Section 34-24 shall apply to such building.

C1 C2 C3 C4 C5 C6

In the districts indicated, the height and setback regulations set forth in Article II, Chapter 3, and made applicable to such districts in Section 34-11 (General Provisions), are modified as set forth in this Section.

C1 C2 C3 C4 C5 C6

(a)        Application of sky exposure planes

In the districts indicated, except as set forth in paragraph (a) of Section 34-233 (Special provisions applying along district boundaries), no front yard is required for any residential building in a Commercial District. Therefore, in applying the height and setback regulations in a Commercial District, a sky exposure plane (which in a Residence District would be measured from a point above the front yard line) may be measured from a point above the street line. In cases where the provisions of paragraph (a) of Section 34-233 apply, the sky exposure plane is measured from a point above the front yard line.

C1 C2

(b)        When mapped within R3 or R4A Districts

In C1 or C2 Districts mapped within R3 or R4A Districts, the height and setback regulations applicable to R4 Districts, except R4A and R4B Districts, may be used for residential buildings.

(c)        When mapped within R4, R4-1 or R4B Districts

In C1 or C2 Districts mapped within R4, R4B or R4-1 Districts, the height and setback regulations applicable to an R5B District may be used for residential buildings.

C4-2F C4-4 C4-5 C4-6 C4-7 C5 C6

(d)        Special provisions for narrow buildings

In the districts indicated, the provisions of Section 23-692 (Height limitations for narrow buildings or enlargements) shall apply, subject to the additional rules and exceptions therein, only to Quality Housing buildings. However, in such districts, the street wall location provisions of paragraph (4) of Section 23-692 shall not apply.

C1 C2 C3 C4 C5 C6

(e)        Special provisions applying along district boundaries

The portion of a Quality Housing building located within 25 feet of the boundary of an R1, R2, R3, R4, R5 or R6B District shall comply with the provisions of Section 23-693 (Special provisions applying adjacent to R1 through R6B Districts).

C1 C2 C4 C5 C6

(f)        For Quality Housing buildings

In the districts indicated, for buildings utilizing the bulk regulations for Quality Housing buildings in Article II, Chapter 3, the height and setback provisions of Section 23-66 (Height and Setback Requirements for Quality Housing Buildings) shall be modified by the provisions of Section 35-65, and, for buildings containing affordable independent residences for seniors, the permitted obstructions set forth in Section 23-44 shall be modified by the provisions of Section 35-532.

The bulk regulations of this Chapter apply to any mixed building located on any zoning lot or portion of a zoning lot in any Commercial District in which such building is permitted. The bulk regulations of this Chapter shall also apply in any Commercial District where there are multiple buildings on a single zoning lot and such zoning lot contains a residential use and either a commercial use or a community facility use. In addition, the bulk regulations of this Chapter, or of specified Sections thereof, also apply in other provisions of this Resolution where they are incorporated by cross-reference.

However, in C3A Districts, except for community facility uses that have received tax-exempt status from the New York City Department of Finance, or its successor, pursuant to Section 420 of the New York State Real Property Tax Law, or its successor, the bulk regulations of this Chapter shall not apply, and the bulk regulations for R3A Districts of Article II, Chapter 3, shall apply to any building that is used partly for community facility use and partly for residential use.

Existing buildings or other structures that do not comply with one or more of the applicable bulk regulations are non-complying buildings or other structures and are subject to the regulations set forth in Article V, Chapter 4.

Special regulations applying only in Special Purpose Districts are set forth in Articles VIII, IX, X, XI, XII, XIII and XIV.

All C6-1A Districts shall comply with the regulations of C6-1 Districts except as set forth in Section 35-23.

In Manhattan Community Districts 1, 2, 3, 4, 5 and 6, Brooklyn Community Districts 1, 2, 6 and 8, and Queens Community Districts l and 2, the conversion of non-residential floor area to residences in buildings erected prior to December 15, 1961, or January 1, 1977, as applicable, shall be subject to the provisions of Article I, Chapter 5 (Residential Conversion Within Existing Buildings), unless such conversions meet the requirements for residential development of Article II (Residence District Regulations).

Special regulations applying in the waterfront area are set forth in Article VI, Chapter 2.

Special regulations applying in the flood zone are set forth in Article VI, Chapter 4.

(a)        In C1 and C2 Districts mapped within R6 through R10 Districts with a letter suffix, and in C1-6A, C1-7A, C1-8A, C1-8X, C1-9A, C2-6A, C2-7A, C2-7X, C2-8A, C4-2A, C4-3A, C4-4A, C4-4D, C4-4L, C4-5A, C4-5D, C4-5X, C4-6A, C4-7A, C5-1A, C5-2A, C6-2A, C6-3A, C6-3D, C6-3X, C6-4A or C6-4X Districts, all buildings shall comply with the bulk regulations for Quality Housing buildings set forth in this Chapter, and the applicable provisions of Article II, Chapter 8 (Quality Housing Program). In C1 and C2 Districts mapped within R5D Districts, only those regulations of Article II, Chapter 8, as set forth in Section 28-01 (Applicability of this Chapter), shall apply.

(b)        In C1 and C2 Districts mapped within R6 through R10 Districts without a letter suffix and in other Commercial Districts with a residential equivalent of an R6 through R10 District without a letter suffix, the bulk regulations applicable to Quality Housing buildings may, as an alternative, be applied under the same conditions set forth in Sections 23-011, 35-22 and 35-23, provided that:

(1)        the entire building complies with the bulk regulations for Quality Housing buildings set forth in this Chapter; and

(2)        the entire building complies with the applicable provisions of Article II, Chapter 8 (Quality Housing Program).

(c)        In C1 through C6 Districts, special regulations are set forth for buildings containing long-term care facilities or philanthropic or non-profit institutions with sleeping accommodations in Section 35-012 (Special provisions for certain community facility uses).

(d)        In Commercial Districts, for Quality Housing buildings in which at least 50 percent of the dwelling units are income-restricted housing units, or at least 50 percent of its total floor area is a long-term care facility or philanthropic or non-profit institution with sleeping accommodation, the applicable bulk regulations of this Chapter may be modified for zoning lots with irregular site conditions or site planning constraints by special permit of the Board of Standards and Appeals, pursuant to Section 73-623 (Bulk modifications for certain Quality Housing buildings on irregular sites).

The provisions of this Section shall apply to zoning lots with mixed buildings containing long-term care facilities, or philanthropic or non-profit institutions with sleeping accommodations, as listed in Use Group 3.

(a)        Buildings containing long-term care facilities

(1)        Commercial Districts with a residential equivalent of an R1 or R2 District

In C1 or C2 Districts mapped within R1 or R2 Districts, where a long-term care facility is permitted pursuant to Section 74-901 (Long-term care facilities), the bulk regulations of this Chapter shall apply. The maximum floor area ratio for such long-term care facilities shall not exceed the applicable floor area ratio of paragraph (b) of Section 33-121 (In districts with bulk governed by Residence District bulk regulations), except as permitted by the City Planning Commission pursuant to Section 74-902 (Certain community facility uses in R1 and R2 Districts and certain Commercial Districts).

(2)        Commercial Districts with a residential equivalent of an R3 through R5 District

In C1 or C2 Districts mapped within R3-2 Districts, or within R4 or R5 Districts without a letter or number suffix, or in C3 Districts without a letter suffix, or in C4-1 Districts, the bulk regulations of Article II, Chapter 3 applicable to affordable independent residences for seniors, inclusive, shall apply to buildings, or portions thereof, containing long-term care facilities, except as follows:

(i)        the lot coverage provisions of 23-144 shall not apply;

(ii)        the minimum size of dwelling unit provisions of Section 23-23 shall not apply;

(iii)        the yard regulations of Sections 33-20 and 33-30 shall apply in lieu of Sections 23-40 and 23-50;

(iv)        in C1 or C2 Districts mapped within R3-2 Districts or in C3 Districts without a letter suffix, the height and setback provisions of Section 33-40 shall apply in lieu of Section 23-60; and

(v)        in C1 or C2 Districts mapped within R5 Districts or in C4-1 Districts, the provisions of paragraph (j)(2) of Section 23-631 shall be modified so that the height of a building containing long-term care facilities may be increased to 55 feet beyond 25 feet of the street line on any zoning lot.

In all such Districts, the Commission may permit the bulk regulations of this Chapter to apply pursuant to the special permit provisions of Section 74-903 (Certain community facility uses in R3 through R9 Districts and certain Commercial Districts).

The Residence District within which such Commercial Districts are mapped, or the applicable residential equivalent set forth in the tables in Section 35-23 (Residential Bulk Regulations in Other C1 or C2 Districts or in C3, C4, C5 or C6 Districts) shall be used to determine the applicable residential bulk regulations of Article II, Chapter 3.

In C1 or C2 Districts mapped within R3-1, R3A, R3X, R4-1, R4A, R4B, R5A, R5B or R5D Districts, or in C3A Districts, the applicable bulk regulations of this Chapter shall apply to mixed buildings containing long-term care facilities. The maximum floor area ratio for such long-term care facilities shall be as set forth for certain community facility uses in paragraphs (d) and (e) of Section 33-121, as applicable, except as permitted by the Commission pursuant to Section 74-903.

(3)        Commercial Districts with a residential equivalent of an R6 through R10 District

In C1 or C2 Districts mapped within R6 through R10 Districts, or in Commercial Districts with a residential equivalent of an R6 through R10 District, the bulk regulations of Article II, Chapter 3, applicable to affordable independent residences for seniors, inclusive, shall apply to buildings, or portions thereof, containing long-term care facilities, except as follows:

(i)        in C1 or C2 Districts mapped within R6A Districts or R6 Districts without a letter suffix, or in Commercial Districts with a residential equivalent of an R6A District or an R6 District without a letter suffix, the maximum floor area ratio for long-term care facilities shall be 3.6;

(ii)        in C1 or C2 Districts mapped within R7A Districts or R7 Districts without a letter suffix, or in Commercial Districts with a residential equivalent of an R7A District or an R7 District without a letter suffix, the maximum floor area ratio for long-term care facilities shall be 4.6;

(iii)        the minimum size of dwelling unit provisions of Section 23-23 shall not apply;

(iv)        the provisions of Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents) shall be modified by Section 35-532 (Modification of permitted obstructions in required yards or rear yard equivalents for certain affordable independent residences for seniors); and

(v)        the provisions of Section 23-66 (Height and Setback Requirements for Quality Housing Buildings) shall be modified by Section 35-65.

The Residence District within which such Commercial Districts are mapped, or the applicable residential equivalent set forth in the tables in Section 35-23 shall be used to determine the applicable residential bulk regulations of Article II, Chapter 3.

In C1 or C2 Districts mapped within R6 through R10 Districts without a letter suffix, or in Commercial Districts with a residential equivalent of an R6 through R10 District without a letter suffix, the Commission may permit the bulk regulations of this Chapter to apply to such long-term care facilities pursuant to the special permit provisions of Section 74-903.

(4)        Applicability of affordable independent residences for seniors bulk provisions

Where buildings containing long-term care facilities are required to utilize the bulk provisions applicable to affordable independent residences for seniors, such uses shall be considered residential for the purpose of applying such provisions, and the term dwelling unit shall include dwelling units and "rooming units", as set forth in the Housing Maintenance Code.

(b)        Buildings containing philanthropic or non-profit institutions with sleeping accommodations

The provisions of Article III, Chapter 3 and this Chapter shall apply to mixed buildings containing philanthropic or non-profit institutions with sleeping accommodations. In addition, the following special bulk provisions apply:

(1)        Special floor area ratio provisions for the portion of a mixed building that contains a philanthropic or non-profit institution with sleeping accommodations are set forth in paragraph (b) of Section 33-012 (Special provisions for certain community facility uses).

(2)        For buildings in C1 or C2 Districts mapped within R6 and R7-1 Districts, except for R6A and R6B Districts, containing both residential uses and philanthropic or non-profit institutions with sleeping accommodations, the provisions of Section 35-311 (Maximum floor area and special provisions for mixed buildings or zoning lots with multiple buildings containing community facility use in certain districts) shall not apply. In lieu thereof, the provisions of Section 35-31 (Maximum Floor Area Ratio) shall apply.

(c)        Applicability of Quality Housing Program elements

For all buildings containing long-term care facilities that utilize the bulk regulations for affordable independent residences for seniors in Article II, Chapter 3, as modified by Section 35-65 (Height and Setback Requirements for Quality Housing Buildings), and for buildings containing philanthropic or non-profit institutions with sleeping accommodations that utilize the height and setback regulations for Quality Housing buildings in Section 35-65, the Quality Housing Program, and the associated mandatory and optional program elements, shall apply to such uses, as modified by paragraph (d) of Section 28-01 (Applicability of this Chapter).

Words in italics are defined in Section 12-10 (DEFINITIONS) or, if applicable exclusively to this Section, in this Section.

Except as otherwise provided in this Chapter, the portions of a building used for residential use are subject to the bulk regulations set forth in Article II, Chapter 3, and the portions of a building used for commercial or community facility use are subject to the bulk regulations set forth in Article III, Chapter 3.

Special provisions applying to mixed buildings or zoning lots with multiple buildings subject to the provisions of this Chapter are set forth in Sections 35-20 (APPLICABILITY OF RESIDENCE DISTRICT BULK REGULATIONS), inclusive, 35-30 (APPLICABILITY OF FLOOR AREA AND OPEN SPACE REGULATIONS), inclusive, 35-40 (APPLICABILITY OF DENSITY REGULATIONS), inclusive, 35-50 (MODIFICATION OF YARD REGULATIONS) and 35-60 (MODIFICATION OF HEIGHT AND SETBACK REGULATIONS),inclusive.

C1 C2 C3 C4 C5 C6

In the districts indicated, the bulk regulations set forth in Article II, Chapter 3 shall apply to all residential portions of buildings in accordance with the provisions and modifications set forth in the remaining Sections of this Chapter. The purpose of these modifications is to make the regulations set forth in Article II, Chapter 3, applicable to Commercial Districts.

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, the bulk regulations for the Residence Districts within which such Commercial Districts are mapped apply to residential portions of buildings, except:

(a)        when such districts are mapped within R1 or R2 Districts, the bulk regulations for R3-2 Districts shall apply;

(b)        when such districts are mapped within an R5D District, the supplemental provisions of paragraph (b)(2) of Section 35-652 shall apply to the ground floor level of a building providing a qualifying ground floor in lieu of paragraph (b)(2) of Section 23-662; and

(c)        when such districts are mapped within R6, R7, R8, R9 or R10 Districts, the height and setback regulations of Section 23-66 (Height and Setback Requirements for Quality Housing Buildings), shall be modified by the provisions of Section 35-65 (Height and Setback Requirements for Quality Housing Buildings) for Quality Housing buildings.

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C3 C4 C5 C6

(a)        In the districts indicated, the bulk regulations for residential portions of buildings are the bulk regulations for the Residence Districts set forth in the following table. However, for Quality Housing buildings the height and setback regulations of Section 23-66 (Height and Setback Requirements for Quality Housing Buildings), inclusive, shall be modified by the provisions of Section 35-65 (Height and Setback Requirements for Quality Housing Buildings).

In C4-2F, C4-4, C4-5, C4-6, C4-7, C5 or C6 Districts, the provisions of Section 23-692 (Height limitations for narrow buildings or enlargements) shall apply, subject to the additional rules and exceptions therein, only to Quality Housing buildings. However, in such districts, the street wall location provisions of paragraph (e)(4) of Section 23-692 shall not apply.

Furthermore, in C4-2 Districts in the Borough of Staten Island, the residential portion of a mixed building and residential buildings on zoning lots subject to the provisions of this Chapter shall be subject to the bulk regulations for Quality Housing buildings.

District

Applicable Residence District

C3

R3-2

C3A

R3A

C4-1

R5

C4-2 C4-3 C6-1A

R6

C1-6 C2-6 C4-4 C4-5 C6-1

R7-2

C1-7 C4-2F C6-2

R8

C1-8 C2-7 C6-3

R9

C1-9 C2-8 C4-6 C4-7 C5 C6-4 C6-5 C6-6 C6-7 C6-8 C6-9

R10

C1-6A C1-7A C1-8A C1-8X C1-9A C2-6A C2-7A C2-7X C2-8A C4-2A C4-3A C4-4A C4-4D C4-4L C4-5A C4-5D C4-5X C4-6A C4-7A C5-1A C5-2A C6-2A C6-3A C6-3D C6-3X C6-4A C6-4X

(b)        In the districts indicated, the bulk regulations for residential portions of buildings are the bulk regulations for the Residence Districts set forth in the following table. However, the height and setback regulations of Section 23-66, inclusive, shall be modified by the provisions of Section 35-65.

District

Applicable Residence District

C4-2A C4-3A

R6A

C1-6A C2-6A C4-4A C4-4L C4-5A

R7A

C4-5D

R7D

C4-5X

R7X

C1-7A C4-4D C6-2A

R8A

C1-8A C2-7A C6-3A

R9A

C6-3D

R9D

C1-8X C2-7X C6-3X

R9X

C1-9A C2-8A C4-6A C4-7A

C5-1A C5-2A C6-4A

R10A

C6-4X

R10X

C1 C2 C3 C4 C5 C6

In the districts indicated, except as set forth in Section 35-311, the provisions of this Section shall apply to any zoning lot subject to the provisions of this Chapter.

The maximum floor area ratio permitted for a commercial or community facility use shall be as set forth in Article III, Chapter 3, and the maximum floor area ratio permitted for a residential use shall be as set forth in Article II, Chapter 3, provided the total of all such floor area ratios does not exceed the greatest floor area ratio permitted for any such use on the zoning lot. Special rules for certain areas are set forth in Section 35-35 (Special Floor Area Ratio Provisions for Certain Areas).

Notwithstanding the provisions for R10 Districts in Community District 7 in the Borough of Manhattan set forth in Section 23-16 (Special Floor Area and Lot Coverage Provisions for Certain Areas), in C4-7 Districts within Community District 7 in the Borough of Manhattan, the maximum residential floor area ratio may be increased pursuant to the provisions of Sections 23-154 and 23-90 (INCLUSIONARY HOUSING).

In Inclusionary Housing designated areas, except within Waterfront Access Plan BK-1 and R6 Districts without a letter suffix in Community District 1, Brooklyn, the maximum floor area ratio permitted for zoning lots containing residential and commercial or community facility uses shall be the base floor area ratio set forth in Section 23-154 for the applicable district.

However, in Inclusionary Housing designated areas mapped within C4-7, C5-4, C6-3D and C6-4 Districts, the maximum base floor area ratio for zoning lots containing residential and commercial or community facility uses shall be either the base floor area ratio set forth in Section 23-154 plus an amount equal to 0.25 times the non-residential floor area ratio provided on the zoning lot, or the maximum floor area ratio for commercial uses in such district, whichever is less.

The maximum base floor area ratio in Inclusionary Housing designated areas may be increased to the maximum floor area ratio set forth in Section 23-154 only through the provision of affordable housing pursuant to Section 23-90, inclusive.

Where floor area in a building is shared by multiple uses, the floor area for such shared portion shall be attributed to each use proportionately, based on the percentage each use occupies of the total floor area of the zoning lot less any shared floor area.

A non-residential use occupying a portion of a building that was in existence on December 15, 1961, may be changed to a residential use and the regulations on maximum floor area ratio shall not apply to such change of use.

C1 C2

In C1 and C2 Districts mapped within R6 Districts without a letter suffix, and in R7-1 Districts, the provisions of this Section shall apply to any zoning lot where residential and community facility uses are located within the same building. However, this Section shall not apply to buildings containing residences and philanthropic or non-profit residences with sleeping accommodations, as set forth in Section 35-012 (Special provisions for certain community facility uses).

(a)        For buildings containing residential and community facility uses, where such buildings have a ratio of floor area in such building to lot area greater than set forth in Column A in the following table, the maximum such ratio for the community facility portions of such buildings shall be as set forth in Column B in the table, and the maximum such ratio for the residential portions of such buildings shall be as set forth in Article II, Chapter 3, subject to the limitations set forth in paragraph (d) of this Section.

COLUMN A

COLUMN B

District

Maximum Ratio of Floor Area in Building to Lot Area

Maximum Ratio of Floor Area in Community Facility Use to Lot Area

C1 or C2 mapped in R6

2.5

1.0

C1 or C2 mapped in R7-1

3.5

1.0

(b)        For buildings containing residential and community facility uses, where such buildings have a ratio of floor area in such building to lot area that do not exceed the applicable ratio set forth in Column A in the table in paragraph (a) of this Section, the maximum floor area ratio for the community facility portion of such buildings shall be as set forth in Article III, Chapter 3, and the maximum floor area ratio for the residential portions of such buildings shall be as set forth in Article II, Chapter 3, subject to the limitations set forth in paragraph (d) of this Section.

(c)        For zoning lots containing multiple buildings, the provisions of this paragraph, (c), shall apply to any building that does not contain both community facility and residential uses. The maximum floor area ratio permitted for the commercial or community facility portions of such buildings shall be as set forth in Article III, Chapter 3, and the maximum floor area ratio permitted for the residential portions of such buildings shall be as set forth in Article II, Chapter 3, subject to the limitations set forth in paragraph (d).

(d)        The total floor area ratio permitted for commercial or community facility use on the zoning lot shall be as set forth in Article III, Chapter 3, and the total floor area ratio permitted for residential use on the zoning lot shall be as set forth in Article II, Chapter 3, provided the total of all such floor area ratios does not exceed the greatest floor area ratio permitted for any such use on the zoning lot.

For the purposes of this Section, a building segment may be considered to be a building.

(a)        Elimination or reduction in size of non-bonused open area on a zoning lot containing a bonused amenity

In all districts, any existing open area for which a floor area bonus has not been utilized that occupies the same zoning lot as an existing publicly accessible open area or other public amenity, open or enclosed, for which a floor area bonus has been utilized, may be reduced in size or eliminated only upon certification of the Chairperson of the City Planning Commission that all bonused amenities comply with the standards under which such floor area bonus was granted.

(b)        Kiosks and open air cafes

Kiosks and open air cafes may be placed within an existing publicly accessible open area for which a floor area bonus has been received by certification, pursuant to Section 37-73 (Kiosks and Open Air Cafes).

(c)        Nighttime closing of existing public open area

In all Commercial Districts, the City Planning Commission may, upon application, authorize the closing during certain nighttime hours of an existing publicly accessible open area for which a floor area bonus has been received, pursuant to Section 37-727 (Hours of access).

(d)        Elimination or reduction in size of existing public amenity

In all Commercial Districts, no existing publicly accessible open area, arcade or other public amenity, open or enclosed, for which a floor area bonus has been utilized, shall be eliminated or reduced in size except by special permit of the City Planning Commission, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).

C1 C2 C3 C4 C5 C6

In the districts indicated, a zoning lot containing a residential building or the residential portion of a mixed building shall have a minimum open space ratio as required under the provisions of Sections 35-21 through 35-23, relating to Section 35-20 (APPLICABILITY OF RESIDENCE DISTRICT BULK REGULATIONS), except as otherwise provided in this Section.

For the purposes of this Section:

(a)        the floor area counted in determining the open space ratio shall be only that floor area in the residential portion of the building;

(b)        the lot coverage shall be deemed to be that portion of the zoning lot which, when viewed directly from above, would be covered by the residential portion of the building at any level; and

(c)        the applicable height factor, if the maximum permitted residential floor area ratio is less than the total floor area ratio permitted for such building, shall be the height factor of the residential portion of the building.

A non-residential use occupying a portion of a building that was in existence on December 15, 1961, may be changed to a residential use and the regulations on minimum required open space ratio shall not apply to such change of use.

C1 C2 C3 C4 C5 C6

In the districts indicated, the open space required for a residential building or the residential portion of a mixed building under the provisions of Section 35-32 (Open Space Ratio for Residential Portions of Buildings) may be at a level higher than 23 feet above curb level. Such open space may be provided at ground floor level or upon the roof of:

(a)        the non-residential portion of a mixed building;

(b)        a commercial building; or

(c)        a community facility building that abuts such residential building or residential portion of a mixed building;

provided that the level of any open space may not be higher than 2 feet, 6 inches below the sill level of any legally required window opening on such roof area, in the residential portion of such mixed building. Open space located on the roof of a community facility building separated by open area from residential or mixed buildings on the same zoning lot may not be at a level higher than 23 feet above curb level.

In C4-1 Districts, for zoning lots having a lot area in excess of four acres, open off-street parking spaces which are accessory to commercial uses are not permitted obstructions within required open space.

In C4-1 Districts, for zoning lots having a lot area in excess of four acres, open space provided on the roof of a commercial building that would otherwise qualify as open space shall be subject to authorization by the City Planning Commission. In permitting such roof area to qualify as open space, the Commission shall find that:

(a)        the location and layout of the roof area is directly accessible, useable and restricted for the residential occupants and their guests for whom no admission charge or membership fee is charged;

(b)        such roof area contains recreational facilities, seating areas and landscaping; and

(c)        all mechanical equipment or emissions therefrom are screened and no intake or exhaust duct faces directly into the open space.

C1-8 C1-9 C2-7 C2-8 C4-6 C4-7 C5 C6

In the districts indicated, and in C1 and C2 Districts mapped within R9 or R10 Districts, floor area bonus provisions for public plazas and arcades shall apply as set forth in this Section. Any floor area bonus for a public plaza or arcade permitted under the applicable district regulations for any residential, commercial or community facility portion of a building may be applied, provided that any given public plaza or arcade shall be counted only once in determining a bonus.

C1-8A C1-8X C1-9A C2-7A C2-7X C2-8A C4-6A C4-7A C5-1A C5-2A C6-2A C6-3A C6-3X C6-4A

(a)        Prohibition of public plaza and arcade bonuses

(1)        In the districts indicated, and in C1 or C2 Districts mapped within R9A, R9X, R10A or R10X Districts, no floor area bonuses shall be permitted for public plazas or arcades.

(2)        Within the boundaries of Community District 7, Borough of Manhattan, no floor area bonuses shall be permitted for public plazas or arcades.

C1-8 C1-9 C2-7 C2-8

(b)        In the districts indicated, and in other C1 or C2 Districts when mapped within R9 or R10 Districts, the bonus provisions of Section 33-13 shall apply only to a development or enlargement with 25 percent or less of the total floor area of the building in residential use.

C4-6 C4-7 C5-1 C5-2 C5-4 C6-4 C6-5 C6-8

(c)        In the districts indicated, except C6-4X Districts, if more than 50 percent of the floor area on the zoning lot is occupied by residential uses, then for each square foot of public plaza provided in accordance with Section 37-70, inclusive, the total floor area permitted on that zoning lot under the provisions of Section 23-152 (Basic regulations for R10 Districts) may be increased by six square feet.

C4-6 C4-7 C5-1 C5-2 C5-4 C6-4 C6-5 C6-8

(d)        In the districts indicated, if 50 percent or less of the floor area on the zoning lot is occupied by residential uses, then the provisions of Sections 33-13 and 33-14 shall apply.

C5-3 C5-5 C6-1 C6-2 C6-3 C6-6 C6-7 C6-9

(e)        In the districts indicated, the provisions of Sections 33-13 and 33-14 shall apply.

C6-4X

(f)        In the district indicated, if all dwelling units in the building are located above a height of 60 feet above the base plane, then the bonus provisions of Section 33-13 shall apply.

C1-8 C1-9 C2-7 C2-8

(a)        In the districts indicated, or in C1 or C2 Districts mapped within R9 or R10 Districts, the provisions of Section 33-14 shall apply only to a development or enlargement with 25 percent or less of the total floor area of the building in residential use.

C4-6 C4-7 C5 C6

(b)        In the districts indicated, the provisions of Section 33-14 shall apply.

In C6-3 Districts without a letter suffix in Mandatory Inclusionary Housing Program Area 4, as of February 14, 2018, in Community District 1, in the Borough of the Bronx, for MIH developments or affordable independent residences for seniors, the residential floor area ratio shall be that for an R9-1 District set forth in paragraph (d) of Section 23-154 (Inclusionary Housing) or in Section 23-155 (Affordable independent residences for seniors), as applicable.

In C1 or C2 Districts mapped within R9 and R10 Districts, or in Commercial Districts with a residential equivalent of an R9 or R10 District, for zoning lots containing a building that is developed or enlarged pursuant to the applicable tower regulations of Section 35-64 (Special Tower Regulations for Mixed Buildings), the provisions of paragraph (a)(2) of Section 23-16 (Special Floor Area and Lot Coverage Provisions for Certain Areas) shall apply:

(a)        to only the residential portion of a building where less than 75 percent of the total floor area of such building is allocated to residential use; and

(b)        to the entire building where 75 percent or more of the total floor area of such building is allocated to residential use.

C1 C2 C3 C4 C5 C6

In the districts indicated, the maximum number of dwelling units on a zoning lot shall equal the maximum residential floor area permitted for the zoning lot determined in accordance with the provisions set forth in Section 35-30 (APPLICABILITY OF FLOOR AREA AND OPEN SPACE REGULATIONS) divided by the applicable factor in Section 23-20 (DENSITY REGULATIONS). For the purposes of such calculation, the maximum residential floor area permitted on the zoning lot shall equal the applicable total floor area permitted on the zoning lot, minus the amount of non-residential floor area and floor area allocated to affordable independent residences for seniors.

Illustrative Examples

The following examples, although not part of the Zoning Resolution, are included to demonstrate the application of density regulations to mixed buildings.

For a mixed building in a predominantly built-up area of a C1 District mapped within an R5 District, the maximum permitted commercial floor area ratio (FAR) is 1.0, the maximum permitted community facility FAR is 2.0 and the maximum permitted residential FAR is 1.65, provided the total FAR for all uses on the zoning lot does not exceed 2.0, pursuant to Section 35-30. On a 10,000 square foot zoning lot developed with 1.0 FAR of commercial use and 0.2 FAR of community facility use, the maximum residential floor area ratio permitted for such mixed building is 0.8. The maximum number of dwelling units permitted on the zoning lot is 9 (10,000 x 0.8 divided by a factor of 900, pursuant to Section 23-22).

For a mixed building where the residential portion is developed pursuant to the optional Quality Housing Program on a wide street in a C2 District mapped within an R7-1 District outside the Manhattan Core, the maximum permitted commercial FAR is 2.0, the maximum permitted community facility FAR is 4.8 (or 1.0 if the total FAR of the mixed building exceeds 3.5), and the maximum permitted residential FAR is 4.0, provided the total FAR for all uses on the zoning lot does not exceed 4.8, pursuant to Section 35-30. On a 15,000 square foot zoning lot developed with 1.0 FAR of commercial use and 1.0 FAR of community facility use, the maximum residential floor area ratio permitted for such mixed building is 2.8. The maximum number of dwelling units permitted on the zoning lot is 62 (15,000 x 2.8 divided by a factor of 680, pursuant to Section 23-22).

For a mixed building in a C4-6 District developed with a public plaza where less than 50 percent of the floor area on the zoning lot is occupied by residential uses, the maximum permitted commercial FAR is 4.08 (3.4 plus a 20 percent increase for a public plaza), the maximum permitted community facility FAR is 12.0 (10.0 plus a 20 percent increase for a public plaza), and the maximum permitted residential FAR is 10.0, provided the total FAR for all uses on the zoning lot does not exceed 12.0, pursuant to Section 35-30. On a 20,000 square foot zoning lot developed with 7.0 FAR of community facility use and no commercial use, the maximum residential floor area ratio permitted on such zoning lot is 5.0. The maximum number of dwelling units permitted on the zoning lot is 147 (20,000 x 5 divided by a factor of 680, pursuant to Section 23-22).

In mixed buildings with differing yard or rear yard equivalent requirements for different uses, the applicable residential yard and rear yard equivalent regulations shall apply at the lowest story containing dwelling units with windows facing onto such residential yard or rear yard equivalent, as applicable.

C1 C2 C3 C4 C5 C6

In the districts indicated, no front yard shall be required, except that the provisions of paragraph (a) of Section 34-233 (Special provisions applying along district boundaries) shall apply to portions of a zoning lot within 25 feet of a Commercial District boundary which coincides with a side lot line of a zoning lot in an R1 through R5 District.

C1 C2 C3 C4 C5 C6

In the districts indicated, except as otherwise provided in Section 35-54 (Special Provisions Applying Adjacent to R1 Through R5 Districts), no side yard shall be required although, if any open area extending along a side lot line is provided at any level, it shall have a width of not less than eight feet. Permitted obstructions, pursuant to paragraph (a) of Section 33-23 (Permitted Obstructions in Required Yards or Rear Yard Equivalents), shall be permitted in such open areas.

However, in C3A Districts, side yards shall be provided in accordance with the regulations for R3A Districts as set forth in Section 23-461 (Side yards for single- or two-family residences).

C1 C2 C3 C4 C5 C6

In the districts indicated, for a residential portion of a mixed building, the required residential rear yard shall be provided at the floor level of the lowest story used for dwelling units or rooming units, where any window of such dwelling units or rooming units faces onto such rear yard. If the level of such yard is at or higher than the first story, decks, parapet walls, roof thickness, solar energy systems up to four feet high, vegetated roofs, and weirs, shall be permitted, pursuant to Section 23-62 (Permitted Obstructions).

In C4-4L Districts, for through lots that have a maximum depth of 180 feet or less and are bounded by a street containing an elevated rail line, no residential rear yard equivalent shall be required.

A portion of a building used for residential uses other than dwelling units in Quality Housing buildings containing affordable independent residences for seniors on zoning lots meeting the criteria set forth in paragraph (a)(4) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors) shall be a permitted obstruction within a rear yard or rear yard equivalent on zoning lots in C1 or C2 Districts mapped within R6 through R10 Districts, other than R6B, R7B or R8B Districts, or in Commercial Districts with a residential equivalent of an R6 through R10 District, other than R6B, R7B or R8B Districts, provided that the height of such building portion does not exceed one story, or 15 feet above the adjoining grade, whichever is less, and provided that such space shall be accessible to all residents of the building.

C1 C2 C3 C4 C5 C6

In the districts indicated, on zoning lots adjacent to zoning lots in R1, R2, R3, R4 or R5 Districts, a side yard at least eight feet wide shall be provided along the entire length of the common side lot line. Such side yard may be used for accessory parking.

C1 C2 C3 C4 C5 C6

In the districts indicated, the height and setback provisions of Section 35-60 (MODIFICATION OF HEIGHT AND SETBACK REGULATIONS), inclusive, shall apply to any zoning lot subject to the provisions of this Chapter.

Height and setback modifications applicable to C1 or C2 Districts mapped within R1 through R5 Districts, and C3 and C4-1 Districts are set forth in Section 35-62 (Commercial Districts With an R1 Through R5 Residential Equivalent).

Height and setback modifications applicable to C1 or C2 Districts mapped within R6 through R10 Districts, and Commercial Districts with a residential equivalent of R6 through R10 Districts, are set forth in Sections 35-63 (Basic Height and Setback Modifications), 35-64 (Special Tower Regulations for Mixed Buildings) and 35-65 (Height and Setback Requirements for Quality Housing Buildings), as applicable. Special rules for certain areas are set forth in Section 35-66 (Special Height and Setback Provisions for Certain Areas).

In C1 or C2 Districts mapped within R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X, R10A or R10X Districts, and in C1-6A, C1-7A, C1-8A, C1-8X, C1-9A, C2-6A, C2-7A, C2-7X, C2-8A, C4-2A, C4-3A, C4-4A, C4-4D, C4-4L, C4-5A, C4-5D, C4-5X, C4-6A, C4-7A, C5-1A, C5-2A, C6-2A, C6-3A, C6-3D, C6-3X, C6-4A or C6-4X Districts, all buildings shall comply with the bulk regulations for Quality Housing buildings set forth in Sections 23-62 (Permitted Obstructions) and 23-66 (Height and Setback Requirements for Quality Housing Buildings), as modified by Section 35-65. In C1 or C2 Districts mapped in R6 through R10 Districts without a letter suffix, or in other Commercial Districts with a residential equivalent of an R6 through R10 District, the residential portion of a building may be developed or enlarged pursuant to the basic height and setback requirements of Sections 23-62, 23-64 (Basic Height and Setback Requirements) or 23-65 (Tower Regulations), as modified by Sections 35-63 and 35-64, as applicable, or the entire building may be developed or enlarged pursuant to the bulk regulations for Quality Housing buildings. All Quality Housing buildings shall also comply with additional provisions set forth in Article II, Chapter 8, as applicable.

C1 C2 C3 C4

In C1 or C2 Districts mapped within R1 through R5 Districts, and C3 and C4-1 Districts, height and setback regulations are modified as follows:

(a)        no front yard is required for any portion of a building in a Commercial District, except as otherwise provided in Section 35-51 (Modification of Front Yard Requirements). Therefore, in applying the height and setback regulations in districts where the height of buildings or other structures is governed by sky exposure planes, such sky exposure plane, which in a Residence District would be measured from a point above the front yard line, may be measured from a point above the street line. The maximum height of a front wall within the initial setback distance permitted in the applicable district for a residential, commercial or community facility building, whichever permits the greatest maximum height;

(b)        in cases where the provisions of paragraph (a) of Section 34-233 (Special provisions applying along district boundaries) apply, as set forth in Section 35-51, the sky exposure plane is measured from a point above the front yard line;

(c)        in C1 or C2 Districts mapped within R3 or R4A Districts, the height and setback regulations applicable to R4 Districts, except R4A and R4B Districts, may be applied;

(d)        in C1 or C2 Districts mapped within R4, R4B or R4-1 Districts, the height and setback regulations applicable to an R5B District may be applied; and

(e)        in C3A Districts, the height and setback regulations applicable to R3A Districts shall apply.

C1 C2 C4 C5 C6

In C1 or C2 Districts mapped within R6 through R10 Districts without a letter suffix, and in Commercial Districts with a residential equivalent of R6 through R10 without a letter suffix, height and setback regulations are modified as follows:

(a)        no front yard is required for any portion of a building in a Commercial District, except as otherwise provided in Section 35-51 (Modification of Front Yard Requirements). Therefore, in applying the height and setback regulations in districts where the height of buildings or other structures is governed by sky exposure planes, such sky exposure plane, which in a Residence District would be measured from a point above the front yard line, may be measured from a point above the street line. The maximum height of a front wall within the initial setback distance shall be the maximum height for front walls permitted in the applicable district for a residential, commercial or community facility building, whichever permits the greatest maximum height;

(b)        in cases where the provisions of paragraph (a) of Section 34-233 (Special provisions applying along district boundaries) apply, as set forth in Section 35-51, the sky exposure plane is measured from a point above the front yard line; and

(c)        in C1-8, C1-9, C2-7 or C2-8 Districts, or in C1 or C2 Districts mapped within R9 or R10 Districts, the provisions of Section 23-642 (Alternate front setbacks) shall not apply to any development or enlargement with more than 25 percent of its total floor area occupied by residential use.

C1 C2 C4 C5 C6

In the districts indicated without a letter suffix, when a mixed building is subject to tower regulations, the residential tower regulations of paragraphs (a) and (b) or the commercial tower regulations of paragraph (c) of this Section shall apply to the entire building.

(a)        In C1 or C2 Districts mapped within R9 or R10 Districts, or in C1-8, C1-9, C2-7 or C2-8 Districts, a mixed building that meets the location and floor area criteria of paragraph (a) of Section 23-65 (Tower Regulations) shall be governed by the provisions of Section 23-651 (Tower-on-a-base), except that the building base regulations of paragraph (b) of Section 23-651 shall be modified, as follows:

(1)        On a wide street, and on a narrow street within 30 feet of its intersection with a wide street, the entire width of the street wall of a base shall be located on the street line.

However, to allow for articulation of corners at the intersection of two street lines, the street wall may be located anywhere within an area bounded by the two street lines and a line connecting such street lines at points 15 feet from their intersection. Recesses, not to exceed three feet in depth from the street line, shall be permitted on the ground floor where required to provide access to the building.

(2)        On a narrow street beyond 30 feet of its intersection with a wide street, the street wall of a base shall be located within eight feet of a street line.

(3)        On a wide street, recesses above the ground floor are permitted at any level in the street wall of a base for outer courts or balconies. The aggregate width of such recesses shall not exceed 50 percent of the width of the entire street wall at any level.

However, not more than 30 percent of the aggregate width of such recesses shall exceed a depth of eight feet. Furthermore, no recesses shall be permitted below a height of 12 feet, within 20 feet of an adjacent building, or within 30 feet of the intersection of two street lines, except for corner articulation as provided for in paragraph (a)(1) of this Section.

(4)        On a narrow street, recesses are permitted at any level in the street wall of a base for outer courts or balconies. The aggregate width of such recesses shall not exceed 50 percent of the width of the entire street wall at any level.

However, not more than 30 percent of the aggregate width of such recesses shall exceed a depth of eight feet. Furthermore, no recesses shall be permitted below a height of 12 feet within 20 feet of an adjacent building, or within 30 feet of the intersection of two street lines, except for corner articulation as provided for in paragraph (a)(1) of this Section.

(b)        In C4-6, C5-1 or C6-3 Districts, the residential portion of a mixed building that in the aggregate occupies not more than 40 percent of the lot area of a zoning lot or, for zoning lots of less than 20,000 square feet, the percent set forth in Section 23-65, may be constructed in conformance with the provisions of Section 23-652 (Standard tower), provided the following conditions are met:

(1)        at least 65 percent of the total allowable floor area on a zoning lot under the applicable district regulations is occupied by residential uses;

(2)        all uses within such mixed building comply with the provisions of Section 32-42 (Location Within Buildings); and

(3)        only the residential portion of such mixed building penetrates the sky exposure plane as set forth in Sections 33-432 or 33-442 (In other Commercial Districts).

(c)        In C4-7, C5-2, C5-3, C5-4, C5-5, C6-4, C6-5, C6-6, C6-7, C6-8 or C6-9 Districts, the tower regulations applicable to any mixed building shall be the regulations set forth in Section 33-45.

However, in C4-7, C5-2, C5-4, C6-4, C6-5 or C6-8 Districts, when no more than two stories of a mixed building are occupied by non-residential uses, the tower regulations applicable to the residential portion of such mixed building may be governed by Section 23-652 or, for towers on small lots, the percentages set forth in Section 23-65.

All uses within such mixed building shall comply with the provisions of Section 32-42.

C1 C2 C4 C5 C6

In the districts indicated, the street wall location provisions of Sections 35-651 and the height and setback provisions of Section 35-652, shall apply to Quality Housing buildings. In certain districts, the heights set forth in Section 35-652 may be increased pursuant to either the provisions of Section 35-653 (Tower regulations) or 35-654 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), as applicable. Additional provisions are set forth in Section 35-655. The height of all buildings or other structures shall be measured from the base plane.

In all such districts, the permitted obstructions provisions of Section 33-42 shall apply to any building or other structure. In addition, a dormer may be allowed as a permitted obstruction pursuant to paragraph (c)(1) of Section 23-621 (Permitted obstructions in certain districts).

C1 C2 C4 C5 C6

In the districts indicated, the street wall location provisions of paragraphs (a), (b), (c) or (d) of this Section shall apply to all Quality Housing buildings, as applicable.

Any street wall may be divided into different segments, and located at varying depths from the street line, to allow for building recesses, projections, outer courts and other forms of articulation, provided that each portion complies with the applicable street wall location provisions of paragraphs (a), (b), (c) or (d) of this Section. Recesses, projections and other forms of articulation beyond the street wall locations established in paragraphs (a), (b), (c) or (d) are permitted only in accordance with paragraph (e) of this Section.

C1-6A C2-6A C4-2A C4-3A C4-4A C4-5A C4-5X

(a)        In the districts indicated, and in C1 or C2 Districts when mapped within R6A, R6B, R7A, R7B or R7X Districts, and for Quality Housing buildings in other Commercial Districts with a residential equivalent of an R6 or R7 District, the following shall apply:

(1)        at least 70 percent of the aggregate width of street walls shall be located within eight feet of the street line and shall extend to at least the minimum base height specified in Sections 35-652 and 23-662 (Maximum height of buildings and setback regulations), or the height of the building, whichever is less. Up to 30 percent of the aggregate width of street walls may be recessed beyond eight feet of the street line, provided that any such recesses deeper than 10 feet along a wide street or 15 feet along a narrow street are located within an outer court;

(2)        existing buildings may be horizontally enlarged without regard to street wall location provisions, provided the amount of new floor area does not exceed 50 percent of the amount of floor area existing on June 29, 1994, and the enlarged portion of the building does not exceed one story or 15 feet in height, whichever is less;

(3)        for zoning lots bounded by more than one street line, these street wall location provisions shall be mandatory along only one street line; and

(4)        where only one street line is coincident with the boundary of a Commercial District mapped along an entire block front, the street wall location provisions shall apply along such coincident street line. For all other zoning lots, the street wall location provisions shall apply along at least one street line.

C1-7A C1-8A C1-8X C1-9A C2-7A C2-7X C2-8A C4-4D C4-5D C4-6A C4-7A C5-1A C5-2A C6-2A C6-3A C6-3X C6-4A C6-4X

(b)        In the districts indicated, and in C1 or C2 Districts when mapped within R7D, R8A, R8B, R8X, R9A, R9X, R10A or R10X Districts, and for Quality Housing buildings in other C1, C2, C4, C5 or C6 Districts with a residential equivalent of an R8, R9 or R10 District, the following street wall location provisions shall apply along wide streets, and along narrow streets within 50 feet of their intersection with a wide street:

(1)        The street wall shall be located on the street line and extend along the entire street frontage of the zoning lot up to at least the minimum base height specified in Section 35-652 and 23-662, or the height of the building, whichever is less. However, to allow articulation of street walls at the intersection of two street lines, the street wall may be located anywhere within an area bounded by the two street lines and a line connecting such street lines at points 15 feet from their intersection, or, for corner lots with an angle of 75 degrees or less, at points 30 feet from their intersection.

In C6-4X Districts, public plazas are only permitted to front upon a narrow street line beyond 50 feet of its intersection with a wide street line. The street wall location provisions of this Section shall not apply along any such street line occupied by a public plaza.

(2)        Above a height of 15 feet above the base plane, or the height of the first story, whichever is lower, up to 30 percent of the aggregate width of street walls may be recessed beyond the street line, provided any such recesses deeper than 10 feet along a wide street, or 15 feet along a narrow street, are located within an outer court. Furthermore, no recesses shall be permitted within 30 feet of the intersection of two street lines except to articulate the street walls as set forth in paragraph (b)(1) of this Section.

(3)        Where a continuous sidewalk widening is provided on the zoning lot, along the entire block frontage of a street, the boundary of the sidewalk widening shall be considered to be the street line for the purposes of this Section.


Along narrow streets beyond 50 feet of their intersection with a wide street, the street wall provisions of paragraph (a) of this Section shall apply.

C4-4L

(c)        In C4-4L Districts, the street wall location provisions of paragraph (a) of this Section shall apply along any street that does not contain an elevated rail line. For zoning lots bounded by a street containing an elevated rail line, the following regulations shall apply along the frontage facing the elevated rail line.

(1)        A sidewalk widening shall be provided along the entire zoning lot frontage of such street containing an elevated rail line. Such sidewalk widening shall have a depth of five feet, be improved to Department of Transportation standards for sidewalks, be at the same level as the adjoining public sidewalk and be accessible to the public at all times. A line parallel to and five feet from the street line of such street containing an elevated rail line, as measured within the zoning lot, shall be considered the street line for the purpose of applying all regulations of Section 35-65, inclusive.

(2)        At least 70 percent of the aggregate width of street walls shall be located at the street line of the street containing the elevated rail line and extend to at least the minimum base height, or the height of the building, whichever is less, up to the maximum base height.

C6-3D

(d)        In the district indicated, and in C1 or C2 Districts when mapped within R9D Districts, for developments or enlargements on zoning lots fronting upon wide streets, or fronting upon narrow streets that include an elevated rail line, sidewalks, with a minimum depth of 20 feet measured perpendicular to the curb of the street, shall be provided along such entire street frontages of the zoning lot. In locations where the width of the sidewalk within the street is less than 20 feet, a sidewalk widening shall be provided on the zoning lot so that the combined width of the sidewalk within the street and the sidewalk widening equals 20 feet. However, existing buildings to remain on the zoning lot need not be removed in order to comply with this requirement. All sidewalk widenings shall be improved to Department of Transportation standards for sidewalks, shall be at the same level as the adjoining public sidewalks and shall be accessible to the public at all times. In addition, the provisions of paragraphs (f)(2) through (f)(5) of Section 37-53 (Design Standards for Pedestrian Circulation Spaces) shall apply.

The following street wall location provisions shall apply along wide streets, and along narrow streets within 50 feet of their intersection with a wide street.

(1)        The street wall shall be located on the street line and extend along the entire street frontage of the zoning lot up to at least the minimum base height specified in Section 35-652, or the height of the building, whichever is less. To allow articulation of street walls at the intersection of two street lines, up to 50 percent of the area bounded by the two street lines and lines parallel to and 50 feet from such street lines may be unoccupied by a building. However, where one such street line fronts an elevated rail line, a minimum of 25 percent and a maximum of 50 percent of the area bounded by the two street lines and lines parallel to and 50 feet from such street lines shall be unoccupied by a building.

(2)        Above a height of 15 feet above the base plane, or the height of the first story, whichever is less, up to 30 percent of the aggregate width of street walls may be recessed beyond the street line, provided any such recesses deeper than 10 feet along a wide street, or 15 feet along a narrow street, are located within an outer court. Furthermore, no recesses shall be permitted within 30 feet of the intersection of two street lines except to articulate the street walls as set forth in paragraph (b)(1) of this Section.

(3)        Where a continuous sidewalk widening is provided along the entire block frontage of a street, the boundary of the sidewalk widening shall be considered to be the street line for the purposes of this Section.

Along narrow streets beyond 50 feet of their intersection with a wide street, the street wall provisions of paragraph (a) of this Section shall apply.

C1 C2 C4 C5 C6

(e)        Street wall articulation, including, but not limited to, window recesses and structural expression on the building facade, shall be permitted to project or recess beyond the street wall locations established in paragraphs (a), (b), (c) or (d) of this Section, provided such articulation does not exceed a depth or projection of 12 inches. In addition, to accommodate other forms of street wall articulation, such as bay windows, and facade recesses, up to 50 percent of the aggregate width of street wall, at any level, may recess or project beyond such street wall location provisions of this Section, provided that no such recess or projection exceeds a depth of three feet, as measured perpendicular from the street wall, or portion thereof. No projection shall extend beyond the street line, except where encroachments into the public right-of-way are permitted by the New York City Administrative Code.

C1 C2 C4 C5 C6

In the districts indicated, height and setback regulations for Quality Housing buildings are set forth in this Section.

The height of a Quality Housing building or other structure shall not exceed the maximum height limit specified for the applicable district set forth in paragraphs (a) or (b) of this Section, as applicable, except as specified in paragraph (d) of this Section and elsewhere in this Chapter.

Basic building heights for Quality Housing buildings are set forth in paragraph (a) of this Section. Such heights may be increased in certain districts for Quality Housing buildings with qualifying ground floors pursuant to paragraph (b)(1) of this Section. For Quality Housing buildings with qualifying ground floors in 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, supplemental ground floor provisions are set forth in paragraph (b)(2) of this Section.

A setback is required for all portions of buildings or other structures that exceed the maximum base height specified in paragraphs (a) or (b) of this Section, and shall be provided in accordance with the provisions set forth in paragraph (c) of Section 23-662, except as modified in paragraph (c) below.

(a)        Basic building heights

For Quality Housing buildings, the minimum and maximum base height, and maximum height of a building or other structure shall be as specified in paragraph (a) of  Section 23-662 (Maximum height of buildings and setback regulations) for the Residence District within which such Commercial District is mapped, or the applicable residential equivalent set forth in the Tables in Section 35-23 (Residential Bulk Regulations in Other C1 or C2 Districts or in C3, C4, C5 or C6 Districts).

(b)        Special heights in certain districts for Quality Housing buildings with qualifying ground floors

(1)        Eligible buildings
Table 2 in paragraph (b) of Section 23-662 sets forth the minimum and maximum base height, maximum building height, and maximum number of stories for Quality Housing buildings with qualifying ground floors within:

(i)        Commercial Districts mapped within, or with a residential equivalent of, R6 or R7 Districts without a letter suffix outside the Manhattan Core and within 100 feet of a wide street, or R8 or R10 Districts without a letter suffix within 100 feet of a wide street;

(ii)        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.

(2)        Supplemental ground floor provisions for buildings in certain districts

For Quality Housing buildings with qualifying ground floors in 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, supplemental ground floor provisions shall apply as follows:

(i)        Along primary street frontages

For buildings, or portions thereof, with primary street frontage, as defined in Section 37-311, uses on the first story, to the minimum depth set forth in Section 37-32 (Ground Floor Depth Requirements for Certain Uses), shall be limited to non-residential uses, except for Type 1 lobbies in C1 or C2 Districts, Type 2 lobbies in C4, C5 or C6 Districts, entrances and exits to accessory parking spaces, and entryways to subway stations, where applicable, provided in accordance with Section 37-33 (Maximum Width of Certain Uses). Accessory off-street parking spaces on the ground floor shall be wrapped in accordance with the provisions of paragraph (a) of Section 37-35 (Parking Wrap and Screening Requirements). Each ground floor level street wall shall be glazed in accordance with the provisions set forth in Section 37-34 (Minimum Transparency Requirements).

(ii)        Along secondary street frontages

For buildings or portions thereof, with secondary street frontage, as defined in Section 37-311, accessory off-street parking spaces on the ground floor level shall be wrapped or screened in accordance with Section 37-35. However, the aggregate width of any such screening, excluding entrances and exits, shall not exceed 50 feet.

(c)        Setback modifications

(1)        In C6-3D Districts, the provisions for R9D Districts set forth in Section 23-662 shall apply, except that:

(i)        the setback provisions of paragraph (c) of this Section are optional where a building wall is within the area bounded by two intersecting street lines and lines parallel to and 70 feet from such street lines; and

(ii)        where such building is adjacent to a public park, such setback may be provided at grade for all portions of buildings outside of the area bounded by two intersecting street lines and lines parallel to and 70 feet from such street lines, provided that any area unoccupied by a building shall be improved to Department of Transportation standards for sidewalks, shall be at the same level as the adjoining public sidewalks, and shall be accessible to the public at all times.

(2)        In C4-4L Districts, for zoning lots bounded by a street containing an elevated rail line, the following shall apply:

(i)        a setback with a depth of at least 15 feet from the street line of the street containing the elevated rail line shall be provided at a height not lower than the minimum base height of either 25 feet or two stories, whichever is lower, and not higher than the maximum base height of either 65 feet or six stories, whichever is lower; and

(ii)        dormers shall not be a permitted obstruction within such setback distance.

(d)        Maximum height modifications

(1)        In C6-3D and C6-4X Districts, the maximum base heights for the applicable residential equivalents may be exceeded in accordance with the tower regulations of Section 35-653.

(2)        In C4-4L Districts, for zoning lots bounded by a street containing an elevated rail line and within 125 feet of such street, the maximum building height for a building with a qualifying ground floor shall be 105 feet or ten stories, whichever is less. For buildings with non-qualifying ground floors, the maximum height shall be reduced to 100 feet.

C6-3D C6-4X

In the districts indicated, any building or other structure, or portions thereof, which in the aggregate occupies not more than 40 percent of the lot area of a zoning lot or, for zoning lots of less than 20,000 square feet, the percentage set forth in the table in Section 23-65 (Tower Regulations), above a height of 85 feet above the base plane, is hereinafter referred to as a tower. Dormers permitted within a required setback area pursuant to Section 23-621 (Permitted obstructions in certain districts) shall not be included in tower coverage. Such tower may exceed a height limit of 85 feet above the base plane provided the base of such tower complies with the applicable provisions of Section 35-651 (Street wall location) and the setback provisions of Section 35-652 (Maximum height of buildings and setback regulations), and provided that the tower portion complies with the provisions of paragraphs (a), (b) and (c) of Section 23-663 (Tower regulations).

C1 C2 C4 C5 C6

In the districts indicated, the provisions of this Section shall apply to Quality Housing buildings on zoning lots meeting the criteria set forth in paragraph (a) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors).

For all such Quality Housing buildings, the maximum base and building heights established in Sections 35-652 and 23-662 (Maximum height of buildings and setback regulations) shall be modified in accordance with the table in paragraph (b) of Section 23-664 for the Residence District within which such Commercial Districts are mapped, or the applicable residential equivalent set forth in the tables in Section 35-23 (Residential Bulk Regulations in Other C1 or C2 Districts or in C3, C4, C5 or C6 Districts). Separate maximum building heights are set forth within such table for Quality Housing buildings with qualifying ground floors and for those with non-qualifying ground floors. However:

(a)        for C4-4L Districts, the maximum building height shall be increased to 115 feet for buildings with qualifying ground floors, or 11 stories, whichever is lower, for buildings with non-qualifying ground floors. For buildings with non-qualifying ground floors, the maximum height shall be reduced to 110 feet; and

(b)        for such Quality Housing buildings in C1 or C2 Districts mapped within R6 through R8 Districts without a letter suffix or within an R9-1 District, or in other Commercial Districts with a residential equivalent of an R6 though R8 District without a suffix, the street wall location and height and setback provisions of Sections 35-651 and 35-652 need not apply to buildings on zoning lots that meet the criteria set forth in:

(1)        paragraph (a)(3) of Section 23-664; or

(2)        paragraph (a)(4) of Section 23-664 and such zoning lots are located within 150 feet of the types of transportation infrastructure listed in paragraphs (c)(2)(i) through (c)(2)(iv) of Section 23-664. Such 150-foot measurement shall be measured perpendicular to the edge of such infrastructure.

In lieu thereof, the alternative height and setback regulations set forth in paragraph (c) of Section 23-664 shall apply.

C1 C2 C4 C5 C6

In the districts indicated, for Quality Housing buildings, the following additional provisions shall apply:

(a)        Existing buildings may be vertically enlarged by up to one story or 15 feet without regard to the street wall location requirements of Section 35-651.

(b)        On through lots that extend less than 180 feet in maximum depth from street to street, the street wall location requirements of Section 35-651 shall be mandatory along only one street frontage. However, in C4-4L Districts, such street wall location regulations shall apply along the frontage of any street containing an elevated rail line.

(c)        The street wall location and minimum base height provisions of Sections 35-651 and 35-652, respectively, shall not apply along any street frontage of a zoning lot occupied by buildings whose street wall heights or widths will remain unaltered.

(d)        The minimum base height provisions of Section 35-652 shall not apply to buildings developed or enlarged after February 2, 2011, that do not exceed such minimum base heights, except where such buildings are located on zoning lots with multiple buildings, one or more of which is developed, enlarged or altered after February 2, 2011, to a height exceeding such minimum base heights.

(e)        The City Planning Commission may, upon application, authorize modifications in the required street wall location of a development or enlargement if the Commission finds that existing buildings, or existing open areas serving existing buildings to remain on the zoning lot, would be adversely affected by the location of the street walls of the development or enlargement in the manner prescribed in this Section.

(f)        For any zoning lot located in a Historic District designated by the Landmarks Preservation Commission, the minimum base height and street wall location regulations of this Section, or as modified in any applicable Special District, shall be modified as follows:

(1)        The minimum base height of a street wall may vary between the height of the street wall of an adjacent building before setback, if such height is lower than the minimum base height required, up to the minimum base height requirements of Section 35-652, or as modified in any applicable Special District.

(2)        The maximum base height of a street wall may vary between the height of the street wall of an adjacent building before setback, if such height is higher than the maximum base height allowed, and the maximum base height requirements of Section 35-652, provided that such height not exceed 150 feet and provided that such zoning lot is located 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.

(3)        The location of the street wall of any building may vary between the street wall location requirements of Section 35-651, or as modified in any applicable Special District, and the location of the street wall of an adjacent building fronting on the same street line.

(g)        In C6-3D Districts, where a building on an adjacent zoning lot has dwelling unit windows located within 30 feet of a side lot line of the development or enlargement, an open area extending along the entire length of such side lot line with a minimum width of 15 feet shall be provided. Such open area may be obstructed only by the permitted obstructions set forth in Section 33-23 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

(h)        For the purposes of applying the street wall location regulations of paragraph (b) of this Section, any building wall oriented so that lines perpendicular to it would intersect a street line at an angle of 65 degrees or less shall not be considered a street wall.

(i)        For the purposes of applying the street wall location as well as the height and setback provisions of Sections 35-651 and 35-652, respectively, where the Administrative Code establishes restrictions on the location of buildings on lots fronting upon and within 30 feet of Eastern Parkway in Community Districts 8 and 9 in the Borough of Brooklyn, lines drawn 30 feet north of and 30 feet south of, and parallel to, Eastern Parkway shall be considered the northern and southern street lines of Eastern Parkway.

Community District 6, Manhattan

In Community District 6 in the Borough of Manhattan, for buildings developed or enlarged with towers in Commercial Districts mapped within R10 Districts located east of First Avenue and north of East 51st Street, the provisions of paragraph (a) of Section 35-64 (Tower Regulations) shall be modified to require that the tower-on-a-base provisions of Section 23-651 apply to all buildings where more than 25 percent of the total floor area of the building is allocated to residential uses, irrespective of whether the building has wide street or narrow street frontage. Such provisions shall be modified in accordance with the provisions of Section 23-675 (Provisions for certain R10 Districts within Community District 6 in the Borough of Manhattan), except that the building base modifications set forth in paragraphs (a)(1) through (a)(3) of Section 35-64 shall apply.

In C6-3 Districts without a letter suffix in Mandatory Inclusionary Housing Program Area 4, as of February 14, 2018, in Community District 1, in the Borough of the Bronx, for an MIH development that is also an MIH site or for a development containing no residences other than affordable independent residence for seniors, the street wall location and height and setback provisions of Sections 35-651 and 35-652 shall not apply. In lieu thereof, the height and setback regulations for an R9-1 District set forth in paragraph (c) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), shall apply.

The following regulations on permitted and required accessory off-street parking spaces and accessory bicycle parking spaces are adopted in order to provide parking spaces off the streets sufficient to give necessary access to developing centers of commerce outside the high density central areas, to reduce traffic congestion caused by parking on the streets, to prevent substantial amounts of traffic from circulating in and parking on residential streets surrounding commercial centers, to provide for a higher standard of commercial development within the City and thus to promote and protect public health, safety and general welfare.

Except as otherwise provided in this Section, the regulations of this Chapter on permitted and required accessory off-street parking spaces and accessory bicycle parking spaces apply to residences, community facility uses or commercial uses, as set forth in the provisions of the various Sections. In addition, the regulations of this Chapter, or of specified Sections thereof, also apply in other provisions of this Resolution where they are incorporated by cross reference.

In all districts, the regulations of this Chapter applicable to community facility uses shall not apply to non-profit hospital staff dwellings. In lieu thereof, the regulations applicable to residences shall apply, as follows:

(a)        the regulations of a C4-1 District shall apply to non- profit hospital staff dwellings located in C1 or C2 Districts mapped within R1, R2 and R3 Districts, and to C3 Districts;

(b)        the regulations of a C4-2 District shall apply to non- profit hospital staff dwellings located in C1 or C2 Districts mapped within R4 and R5 Districts, and to C4-1 and C8-1 Districts; and

(c)        the regulations of a C4-7 District shall apply to non- profit hospital staff dwellings located in C1 or C2 Districts mapped within R6 through R10 Districts, and to C1- 6, C1-7, C1-8, C1-9, C2-6, C2-7, C2-8, C4-2, C4-3, C4-4, C4- 5, C4-6, C4-7, C5, C6, C8-2, C8-3 and C8-4 Districts.

In C6-1A Districts, the parking requirements of C4-4 Districts as set forth in Section 36-20 (REQUIRED ACCESSORY OFF-STREET PARKING SPACES FOR COMMERCIAL OR COMMUNITY FACILITY USES) shall apply to commercial or community facility uses. However, for all office uses listed in Use Group 6B of Section 32-15 (Use Group 6), there shall be one parking space per 4,000 square feet of floor area.

In C4-1 Districts, for zoning lots having a lot area in excess of four acres, all group parking facilities that are accessory to commercial developments or enlargements shall be subject to authorization by the City Planning Commission to assure that the layout of such parking spaces is arranged and located in relation to the use or uses to which such spaces are accessory, so as to provide adequate ingress, egress and circulation with respect to abutting streets or uses.

For such zoning lots, the Commission may also authorize a reduction of the parking requirement of Section 36-21 (General Provisions) by an amount not to exceed 50 percent, provided that the Commission finds that the applicant has demonstrated that the proposed parking is sufficient for the use proposed.

Furthermore, notwithstanding the applicability requirements of Sections 36-58 (Parking Lot Maneuverability and Curb Cut Regulations), paragraph (a), and 37-91, the Commission shall find that such group parking facilities of any size comply with the maneuverability and landscaping provisions of Sections 36-58 and 37-90 (PARKING LOTS), inclusive. For group parking facilities accessory to enlargements, the Commission may authorize modifications or waivers of such provisions, provided the Commission finds that:

(a)        maneuverability and curb cut regulations have been complied with to the maximum extent practicable;

(b)        the amount of perimeter landscaped areas have been provided to the maximum extent practicable;

(c)        the amount of interior planting islands and their distribution throughout the parking lot have been provided to the maximum extent practicable; and

(d)        perimeter landscaped areas and interior planting islands have been engineered to absorb storm water runoff to the maximum extent practicable.

The Commission may request reports from licensed engineers and landscape architects in considering such modifications.

Special regulations governing accessory off-street parking and loading in the Manhattan Core are set forth in Article I, Chapter 3, and special regulations governing accessory off- street parking in the Long Island City area, as defined in Section 16-02 (Definitions), are set forth in Article I, Chapter 6.

On any zoning lot containing a Quality Housing building, all accessory off-street parking spaces shall comply with the provisions of Section 28-40 (PARKING FOR QUALITY HOUSING), inclusive.

Special regulations applying in the waterfront area are set forth in Article VI, Chapter 2.

In Commercial Districts where residential uses are governed by the bulk regulations of R7-3 Districts, the accessory off- street parking regulations of R7-2 Districts shall apply to residential uses.

Special regulations applying in the flood zone are set forth in Article VI, Chapter 4.

Words in italics are defined in Section 12-10 or, if applicable exclusively to this Chapter, in this Section.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, except as otherwise provided in Section 85-03 (Modifications of Use Regulations), accessory off-street parking spaces may be provided for all permitted uses subject to the applicable provisions set forth in Section 36-12 (Maximum Size of Accessory Group Parking Facilities). Such accessory off-street parking spaces may be open or enclosed. However, except as otherwise provided in Sections 73-49 (Roof Parking) or 74-531 (Additional parking spaces or roof parking for accessory group parking facilities), no spaces shall be located on any roof which is immediately above a story other than a basement.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, no accessory group parking facility shall contain more than 150 off-street parking spaces or, in the case of a Quality Housing building, more than 200 spaces, except as provided in Section 36-13 (Modification of Maximum Size of Accessory Group Parking Facilities).

The provisions of this Section shall not apply to accessory off-street parking spaces provided in public parking garages in accordance with the provisions of Section 36-57 (Accessory Off-street Parking Spaces in Public Garages).

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, a group parking facility may contain additional spaces not to exceed 50 percent of the maximum number otherwise permitted under the provisions of Section 36-12 (Maximum Size of Accessory Group Parking Facilities), if the Commissioner of Buildings determines that such facility:

(a)        has separate vehicular entrances and exits thereto, located not less than 25 feet apart;

(b)        if accessory to a commercial or community facility use, is located on a street not less than 60 feet in width; and

(c)        if accessory to a commercial use, has adequate reservoir space at the entrance to accommodate a minimum of 10 automobiles.

The Commissioner of Buildings shall establish appropriate additional regulations with respect to the design of such facility to minimize adverse effects on the character of the surrounding area such as requirements for shielding of floodlights.

The provisions of this Section shall not apply to accessory off-street parking spaces provided in public parking garages in accordance with the provisions of Section 36-57 (Accessory Off- street Parking Spaces in Public Garages).

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the Board of Standards and Appeals may permit accessory group parking facilities with more than 150 spaces, in accordance with the provisions of Section 73-48 (Exceptions to Maximum Size of Accessory Group Parking Facilities).

The provisions of this Section shall not apply to accessory off-street parking spaces provided in public parking garages in accordance with the provisions of Section 36-57 (Accessory Off- street Parking Spaces in Public Garages).

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, accessory off-street parking spaces, open or enclosed, shall be provided in conformity with the requirements set forth in the table in this Section for all developments after December 15, 1961, for the commercial or community facility uses listed in the table. If an enlargement results in a net increase in the floor area or other applicable unit of measurement specified in the table, the same requirements set forth in the table shall apply to such net increase in the floor area or other specified unit of measurement. In addition, all other applicable requirements of this Chapter shall apply as a condition precedent to the use of such development or enlargement.

A parking space is required for a portion of a unit of measurement one-half or more of the amount set forth in the table.

For the purposes of this Section, a tract of land on which a group of such uses is developed, under single ownership or control, shall be considered a single zoning lot.

For those uses for which rated capacity is specified as the unit of measurement, the Commissioner of Buildings shall determine the rated capacity as the number of persons that may be accommodated by such uses.

The requirements of this Section shall be waived in the following situations

(a)        when, as a result of the application of such requirements, a smaller number of spaces would be required than is specified by the provisions of Section 36-23 (Waiver of Requirements for Spaces Below Minimum Number);

(b)        when the Commissioner of Buildings has certified, in accordance with the provisions of Section 36-24 (Waiver of Requirements for All Zoning Lots Where Access Would Be Forbidden), that there is no way to arrange the spaces with access to the street to conform to the provisions of Section 36-53 (Width of Curb Cuts and Location of Access to the Street);

(c)        for houses of worship, in accordance with the provisions of Section 36-25 (Waiver for Locally Oriented Houses of Worship);

(d)        for ambulatory diagnostic or treatment health care facilities, as listed in Section 22-14 (Use Group 4), or child care services, as listed under the definition of school in Section 12-10 (DEFINITIONS), pursuant to Section 36-27 (Waiver for Certain Small Zoning Lots) in the Borough of Staten Island and Community District 10 in the Borough of the Bronx.

REQUIRED OFF-STREET PARKING SPACES FOR COMMERCIAL OR COMMUNITY FACILITY USES

Type of Use

Parking Spaces Required in Relation to Specified Unit of Measurement

Districts

FOR COMMERCIAL USES

Court houses

None required

C1-5  C1-6  C1-7  C1-8  C1-9  C2-5  C2-6  C2-7  C2-8  C4-4A  C4-4L  C4-5  C4-5A  C4-5X  C4-6  C4-7  C5  C6  C8-4

1 per 500 sq. ft. of floor area

C1-1  C2-1  C3  C4-1

1 per 800 sq. ft. of floor area

C1-2  C2-2  C4-2  C8-1

1 per 1,000 sq. ft. of floor area

C1-3  C2-3  C4-2A  C4-3  C8-2

1 per 2,000 sq. ft. of floor area

C1-4  C2-4  C4-4  C4-5D  C8-3

Food stores with 2,000 or more square feet of floor area per establishment. Uses in PRC-A in Use Group 6

None required

C1-5  C1-6  C1-7  C1-8  C1-9  C2-5  C2-6  C2-7  C2-8  C4-4A  C4-4L  C4-5  C4-5A  C4-5X  C4-6  C4-7  C5  C6  C8-4

1 per 100 sq. ft. of floor area

C1-1  C2-1  C4-1

1 per 200 sq. ft. of floor area

C1-2  C2-2  C4-2  C8-1

1 per 300 sq. ft. of floor area

C1-3  C2-3  C4-2A  C4-3  C7  C8-2

1 per 1,000 sq. ft. of floor area

C1-4  C2-4  C4-4  C4-5D  C8-3

General retail or service uses. Food stores with less than 2,000 square feet of floor area. Uses in PRC-B in Use Group 6, 8, 9, 10 or 12 or when permitted by special permit; or uses in PRC-B1 in Use Group 6, 7, 8, 9, 10, 11, 13, 14 or 16

None required

C1-5  C1-6  C1-7  C1-8  C1-9  C2-5  C2-6  C2-7  C2-8  C4-4A  C4-4L  C4-5  C4-5A  C4-5X  C4-6  C4-7  C5  C6  C8-4

1 per 150 sq. ft. of floor area1

C1-1  C2-1  C3  C4-1

1 per 300 sq. ft. of floor area1

C1-2  C2-2  C4-2  C8-1

1 per 400 sq. ft. of floor area1

C1-3  C2-3  C4-2A  C4-3  C7  C8-2

1 per 1,000 sq. ft. of floor area

C1-4  C2-4  C4-4  C4-5D  C8-3

Light manufacturing or semi-industrial uses. Uses in PRC-F in Use Group 11 or 16, and with a minimum of either 7,500 square feet of floor area or 15 employees

None required

C5  C6  C8-4

1 per 1,000 sq. ft. of floor area, or 1 per 3 employees, whichever will require a larger number of spaces

C8-1  C8-2  C8-3

Low traffic-generating uses. Uses in PRC-C in Use Group 6, 7, 9, 12, 13, 14 or 16 or when permitted by special permit

None required

C1-5  C1-6  C1-7  C1-8  C1-9  C2-5  C2-6  C2-7  C2-8  C4-4A  C4-4L  C4-5  C4-5A  C4-5X  C4-6  C4-7  C5  C6  C8-4

1 per 400 sq. ft. of floor area

C1-1  C2-1  C3  C4-1

1 per 600 sq. ft. of floor area

C1-2  C2-2  C4-2  C8-1

1 per 800 sq. ft. of floor area

C1-3  C2-3  C4-2A  C4-3  C7  C8-2

1 per 1,000 sq. ft. of floor area

C1-4  C2-4  C4-4  C4-5D  C8-3

Places of assembly. Uses in PRC-D in Use Group 6, 8, 9, 10, 12, 13 or 14 or when permitted by special permit

None required

C1-5  C1-6  C1-7  C1-8  C1-9  C2-5  C2-6  C2-7  C2-8  C4-4A  C4-4L  C4-5  C4-5A  C4-5X  C4-6  C4-7  C5  C6  C8-4

1 per 4 persons rated capacity

C1-1  C2-1  C3  C4-1

1 per 8 persons rated capacity

C1-2  C2-2  C4-2  C8-1

1 per 12 persons rated capacity

C1-3  C2-3  C4-2A  C4-3  C7  C8-2

1 per 25 persons rated capacity

C1-4  C2-4  C4-4  C4-5D  C8-3

Open commercial amusements. Uses in PRC-E in Use Group 13 or 15, or when permitted by special permit

None required

C8-3  C8-4

1 per 500 sq. ft. of lot area2

C3  C8-1

1 per 2,000 sq. ft. of lot area2

C7  C8-2

Storage or miscellaneous uses. Uses in PRC-G in Use Group 10 or 16, or when permitted by special permit, and with a minimum of 10,000 square feet of floor area or 15 employees

None required

C4-4A  C4-4L  C4-5  C4-5A  C4-5X  C4-6  C4-7  C5  C6  C8-4

1 per 2,000 sq. ft. of floor area3, or 1 per 3 employees, whichever will require a lesser number of spaces

C4-1  C4-2  C4-3  C4-4  C4-5D  C8-1  C8-2  C8-3

Other commercial uses. Uses in PRC-H in Use Group 5, 6, 7, 8, 9, 10, 13 or 14, or when permitted by special permit

Boatels

1 per 2 guest rooms or suites

C2  C3  C6  C8

Camps, overnight or day, with a minimum of either 10,000 square feet of lot area or 10 employees

1 per 2,000 sq. ft. of lot area, or 1 per 3 employees; whichever will require a lesser number of spaces

C1  C2  C3  C7  C8

Docks for non-commercial pleasure boats; rental boats; ferries; sightseeing, excursion or sport fishing vessels; or passenger ocean vessels

(see Section 62-43 for parking requirement)

Funeral establishments

None required

C1-5  C1-6  C1-7  C1-8  C1-9  C2-5  C2-6  C2-7  C2-8  C4-4A  C4-4L  C4-5  C4-5A  C4-5X  C4-6  C4-7  C6  C8-4

1 per 200 sq. ft. of floor area

C1-1  C2-1  C4-1

1 per 400 sq. ft. of floor area

C1-2  C2-2  C4-2  C8-1

1 per 600 sq. ft. of floor area

C1-3  C4-3  C1-4  C4-4  C2-3  C2-4  C4-2A  C4-5D  C8-2  C8-3

Hotels

(a) For that floor area used for sleeping accommodations

None required

C1-5  C1-6  C1-7  C1-8  C1-9  C2-5  C2-6  C2-7  C2-8  C4-4A  C4-4L  C4-5  C4-5A  C4-5X  C4-6  C4-7  C5  C6  C8-4

1 per 4 guest rooms or suites

C2-1  C4-1

1 per 8 guest rooms or suites

C2-2  C4-2  C8-1

1 per 12 guest rooms or suites

C2-3  C2-4  C4-2A  C4-3  C4-4  C4-5D  C8-2  C8-3

(b) For that floor area used for meeting halls, auditoriums, eating or drinking places, wedding chapels or banquet halls, or radio or television studios

None required

C1-5  C1-6  C1-7  C1-8  C1-9  C2-5  C2-6  C2-7  C2-8  C4-4A  C4-4L  C4-5  C4-5A  C4-5X  C4-6  C4-7  C5  C6  C8-4

1 per 4 persons-rated capacity

C2-1  C4-1

1 per 8 persons-rated capacity

C2-2  C4-2  C8-1

1 per 12 persons-rated capacity

C2-3  C4-2A  C4-3  C8-2

1 per 25 persons-rated capacity

C2-4  C4-4  C4-5D  C8-3

Motels or tourist cabins

1 per guest room or suite

C2  C6  C8

Post offices

None required

C1-5  C1-6  C1-7  C1-8  C1-9  C2-5  C2-6  C2-7  C2-8  C4-4A  C4-4L  C4-5  C4-5A  C4-5X  C4-6  C4-7  C5  C6  C8-4

1 per 800 sq. ft. of floor area

C1-1  C2-1  C3  C4-1

1 per 1,200 sq. ft. of floor area

C1-2  C2-2  C4-2  C8-1

1 per 1,500 sq. ft. of floor area

C1-3  C2-3  C4-2A  C4-3  C8-2

1 per 2,000 sq. ft. of floor area

C1-4  C2-4  C4-4  C4-5D  C8-3

Prisons

None required

C4-4  C4-5  C4-6  C4-7  C6  C8-3  C8-4

1 per 10 beds-rated capacity

C4-1  C4-2  C8-1

1 per 20 beds-rated capacity

C4-2A  C4-3  C8-2

Refreshment stands, drive-ins

1 per 50 sq. ft. of floor area

C2-1  C2-2  C2-3  C7 C8-1  C8-2

1 per 100 sq. ft. of floor area

C2-4  C2-5  C2-6  C2-7  C2-8  C6  C8-3  C8-4

FOR COMMUNITY FACILITY USES

Agricultural uses, including greenhouses, nurseries or truck gardens

None required

C1-4  C1-5  C1-6  C1-7  C1-8  C1-9  C2-4  C2-5  C2-6  C2-7  C2-8  C4-4  C4-5  C4-6  C4-7  C5  C6  C8-3  C8-4

1 per 1,000 sq. ft. of lot area used for selling purposes

C1-1  C1-2  C2-1  C2-2  C3  C4-1  C4-2  C8-1

1 per 2,500 sq. ft. of lot area used for selling purposes

C1-3  C2-3  C4-2A  C4-3  C8-2

Ambulatory diagnostic or treatment health care facilities listed in Use Group 4

None required

C1-5  C1-6  C1-7  C1-8  C1-9  C2-5  C2-6  C2-7  C2-8  C4-4A  C4-4L  C4-5  C4-5A  C4-5X  C4-6 C4-7  C5  C6  C8-4

1 per 1501 sq. ft. of floor area and cellar space, except cellar space used for storage

C1-1  C2-1  C3  C4-1

1 per 3001 sq. ft. of floor area and cellar space, except cellar space used for storage

C1-2  C2-2  C4-2  C8-1

1 per 4001 sq. ft. of floor area and cellar space, except cellar space used for storage

C1-3  C2-3  C4-2A  C4-3  C7  C8-2

1 per 1,000 sq. ft. of floor area and cellar space, except cellar space used for storage

C1-4  C2-4  C4-4  C4-5D  C8-3

1 per 400 sq. ft. of floor area when located above the first story ceiling

C1-1, C1-2, C2-1 and C2-2 Districts mapped within R3-2 Districts

1 per 400 sq. ft. of floor area and cellar space, except cellar space used for storage, when located in community facility buildings or when located above the first story ceiling in buildings with both commercial and community facility uses

C1-1, C1-2, C2-1 and C2-2 Districts mapped within R1, R2, R3A, R3X and R3-1 Districts, and C4-1 and C4-2 Districts, in the Borough of Staten Island and Community District 10 in the Borough of the Bronx

Child care services, as listed under the definition of school in Section 12-10 (DEFINITIONS), in lower density growth management areas

1 per 1000 sq. ft. when located in community facility buildings or when located above the first story ceiling in buildings with both commercial and community facility uses

C1-1, C1- 2, C2-1 and C2-2 Districts mapped within R1, R2, R3A, R3X and R3-1 Districts, and C4-1 and C4-2 Districts, in the Borough of Staten Island and Community District 10 in the Borough of the Bronx

Clubs, community centers or settlement houses; philanthropic or non-profit institutions without sleeping accommodations excluding ambulatory diagnostic or treatment health care facilities listed in Use Group 4; golf course club houses; non-commercial recreation centers; or welfare centers

None required

C1-4  C1-5  C1-6  C1-7  C1-8  C1-9  C2-4  C2-5  C2-6  C2-7  C2-8  C4-4  C4-5  C4-6  C4-7  C5  C6  C8-3  C8-4

1 per 10 persons-rated capacity

C1-1  C1-2  C2-1  C2-2  C3  C4-1  C4-2  C8-1

1 per 20 persons-rated capacity

C1-3  C2-3  C4-2A  C4-3  C7  C8-2

College student dormitories and fraternity or sorority student houses

None required

C1-4  C1-5  C1-6  C1-7  C1-8  C1-9  C2-4  C2-5  C2-6  C2-7  C2-8  C4-4  C4-5  C4-6  C4-7  C5  C6

1 per 6 beds

C1-1  C1-2  C2-1  C2-2  C3  C4-1  C4-2

1 per 12 beds

C1-3  C2-3  C4-2A  C4-3

Colleges, universities, or seminaries

(a)  For that floor area used for classrooms, laboratories, student centers or offices

None required

C1-4  C1-5  C1-6  C1-7  C1-8  C1-9  C2-4  C2-5  C2-6  C2-7  C2-8  C4-4  C4-5  C4-6  C4-7  C5  C6  C8-3  C8-4

1 per 1,000 sq. ft. of floor area

C1-1  C1-2  C2-1  C2-2  C3  C4-1  C4-2  C8-1

1 per 2,000 sq. ft. of floor area

C1-3  C2-3  C4-2A  C4-3  C8-2

(b)  For that floor area used for theaters, auditoriums, gymnasiums or stadiums

None required

C1-4  C1-5  C1-6  C1-7  C1-8  C1-9  C2-4  C2-5  C2-6  C2-7  C2-8  C4-4  C4-5  C4-6  C4-7  C5  C6  C8-3  C8-4

1 per 8 persons-rated capacity

C1-1  C1-2  C2-1  C2-2  C3  C4-1  C4-2  C8-1

1 per 16 persons-rated capacity

C1-3  C2-3  C4-2A  C4-3  C7  C8-2

Hospitals and related facilities4

1 per 5 beds

C1-1  C1-2  C2-1  C2-2  C3  C4-1  C4-2  C8-1

1 per 8 beds

C1-3  C1-4  C2-3  C2-4  C4-2A  C4-3  C4-4  C4-5D  C8-2  C8-3

1 per 10 beds

C1-5  C1-6  C1-7  C1-8  C1-9  C2-5  C2-6  C2-7  C2-8  C4-4A  C4-4L  C4-5  C4-5A  C4-5X  C4-6  C4-7  C5  C6  C8-4

Houses of worship, applicable only to the facility's largest room of assembly; however, rooms separated by movable partitions shall be considered a single room

None required

C1 and C2 Districts mapped within R6, R7, R8, R9 or R10 Districts, C1-6  C1-7  C1-8  C1-9  C2-6  C2-7  C2-8  C4-2A  C4-3  C4-4  C4-5  C4-6  C4-7  C5  C6  C8-2  C8-3  C8-4

1 per 10 persons-rated capacity

C1 and C2 Districts mapped within R1, R2 or R3 Districts, C3  C4-1

1 per 15 persons-rated capacity

C1 and C2 Districts mapped within R4 and R5 Districts, C4-2  C8-1

Libraries, museums or non-commercial art galleries5

None required

C1-4  C1-5  C1-6  C1-7  C1-8  C1-9  C2-4  C2-5  C2-6  C2-7  C2-8  C4-4  C4-5  C4-6  C4-7  C5  C6

1 per 1,000 sq. ft. of floor area

C1-1  C1-2  C2-1  C2-2  C3  C4-1  C4-2

1 per 2,000 sq. ft. of floor area

C1-3  C2-3  C4-2A  C4-3

Outdoor skating rinks

None required

C1-4  C1-5  C1-6  C1-7  C1-8  C1-9  C2-4  C2-5  C2-6  C2-7  C2-8  C4-4  C4-5  C4-6  C4-7  C5  C6  C8-3  C8-4

1 per 800 sq. ft. of lot area

C1-1  C1-2  C2-1  C2-2  C3  C4-1  C4-2  C8-1

1 per 2,000 sq. ft. of lot area

C1-3  C2-3  C4-2A  C4-3  C7  C8-2

Outdoor tennis courts

None required

C1-4  C1-5  C1-6  C1-7  C1-8  C1-9  C2-4  C2-5  C2-6  C2-7  C2-8  C4-4  C4-5  C4-6  C4-7  C5  C6  C8-3  C8-4

1 per 2 courts

C1-1  C1-2  C2-1  C2-2  C3  C4-1  C4-2  C8-1

1 per 5 courts

C1-3  C2-3  C4-2A  C4-3  C7  C8-2

Philanthropic or non-profit institutions with sleeping accommodations; long-term care facilities, except that independent living dwelling units within a continuing care retirement community shall be subject to the accessory off- street parking requirements of Section 36-30. For the purposes of applying such requirements, dwelling units shall be as defined in Section 28-02

None required

C1-4  C1-5  C1-6  C1-7  C1-8  C1-9  C2-4  C2-5  C2-6  C2-7  C2-8  C4-4  C4-5  C4-6  C4-7  C5  C6

1 per 10 beds

C1-1  C1-2  C2-1  C2-2  C3  C4-1  C4-2

1 per 20 beds

C1-3  C2-3  C4-2A  C4-3

NOTE: PRC = Parking Requirement Category

1        The parking requirements for ambulatory diagnostic or treatment facilities listed in Use Group 4 and uses in PRC-B1 may be reduced by permit of the Board of Standards and Appeals in accordance with the provisions of Section 73-44 (Reduction of Parking Spaces for Ambulatory Diagnostic or Treatment Facilities Listed in Use Group 4 and Uses in Parking Requirement Category B1)

2        In the case of golf driving ranges, the requirements in this table apply only to that portion of the range used for tees

3        For predominantly open storage of miscellaneous uses, the lot area used for such uses shall be considered as floor area for the purposes of these requirements

4        Requirements are in addition to area utilized for ambulance parking

5        Requirements apply only to the floor area not used for storage

C1 C2 C3 C4 C5 C6 C7 C8

In all districts indicated, where any building or zoning lot contains two or more uses having different parking requirements as set forth in the following Sections, the parking requirements for each type of use shall apply to the extent of that use:

Section 36-21 (General Provisions)

Section 36-31 (General Provisions).

However, the number of spaces required for houses of worship or for uses in parking requirement category D (Places of Assembly) when in the same building or on the same zoning lot as any other use may be reduced by the Board of Standards and Appeals in accordance with the provisions of Sections 73-431 (Reduction of parking spaces for houses of worship) or 73-432 (Reduction of parking spaces for places of assembly).

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the requirements for accessory off-street parking spaces shall be subject to the waiver provisions of this Section.

C1-1 C1-2 C1-3 C2-1 C2-2 C2-3 C3 C4-1 C4-2 C4-3 C7 C8-1 C8-2

In the districts indicated, except for the uses listed in Section 36-233 (Exceptions to application of waiver provisions), and except as otherwise provided in Section 36-27 (Waiver for Certain Small Zoning Lots), the parking requirements set forth in Sections 36-21 (General Provisions) or 36-22 (Special Provisions for a Single Zoning Lot With Uses Subject to Different Parking Requirements) shall not apply to commercial uses in parking requirement category A, B, B1, C, D, E or H, or to permitted community facility uses, if the total number of accessory off-street parking spaces required for all such uses on the zoning lot is less than the number of spaces set forth in the following table:

Districts

Number of Spaces

C1-1 C2-1 C3 C4-1

10

C1-2 C2-2 C4-2 C8-1

15

C1-3 C2-3 C4-2A C4-3 C7 C8-2

25

C1-4 C1-5 C1-6 C1-7 C1-8 C1-9 C2-4 C2-5 C2-6 C2-7 C2-8 C4-4 C4-5 C4-6 C4-7 C5 C6 C8-3 C8-4

In all districts indicated, except for the uses listed in Section 36-233 (Exceptions to application of waiver provisions), the parking requirements set forth in Section 36-21 (General Provisions) or Section 36-22 (Special Provisions for a Single Zoning Lot With Uses Subject to Different Parking Requirements) shall not apply to:

(a)        commercial uses in parking requirement category A or B, if the total number of accessory off-street parking spaces required for all such uses on the zoning lot is less than 40, or 100 in the case of C6-1A Districts; or

(b)        commercial uses in any one of parking requirement categories B1, C, D, E or H, or a permitted community facility use, if the number of accessory off-street parking spaces required for the uses in each such category or for each such community facility use is less than 40.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the waiver provisions of Section 36-23 (Waiver of Requirements for Spaces below Minimum Number) shall not apply to the following types of uses:

(a)        Manufacturing or semi-industrial uses in parking requirement category F in Use Group 11 or 16.

(b)        Storage or miscellaneous uses in parking requirement category G in Use Group 16, or when permitted by special permit.

(c)        The following other commercial uses in parking requirement category H in Use Group 7 or 13, or when permitted by special permit:

Boatels

Camps, overnight or day

Motels or tourist cabins Refreshment stands, drive-in.

(d)        The following community facility uses:

Agricultural uses, including greenhouses, nurseries, or truck gardens

Outdoor tennis courts.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the requirements set forth in Sections 36-21 (General Provisions) or 36-22 (Special Provisions for a Single Zoning Lot With Uses Subject to Different Parking Requirements) shall not apply to any building or zoning lot as to which the Commissioner of Buildings has certified that there is no way to arrange the required spaces with access to the street to conform to the provisions of Section 36-53 (Width of Curb Cuts and Location of Access to the Street). The Commissioner of Buildings may refer such matter to the Department of Transportation for a report and may base the determination on such report.

C1 C2 C3 C4 C8

In the districts indicated, the requirements set forth in Sections 36-21 (General Provisions) and 36-22 (Special Provisions for a Single Zoning Lot With Uses Subject to Different Parking Requirements) shall not apply to a house of worship, provided the Chairperson of the City Planning Commission certifies that:

(a)        seventy-five percent or more of the congregants of such house of worship reside within a three-quarter mile radiusof the house of worship;

(b)        the number of spaces required pursuant to this Section is less than the number of spaces listed in the table in Section 36-23 (Waiver of Requirements for Spaces Below Minimum Number); and

(c)        such house of worship shall not include, as an accessory use, the leasing, licensing or any other grant of permission to utilize a room or other space in such house of worship for the operation of a business engaged in serving food or beverages for functions, occasions or events.

For the purposes of determining the number of spaces required pursuant to this Section, the product of the actual percentage of congregants living within a three-quarter mile radius of the house of worship, computed for the purposes of paragraph (a) of this Section, multiplied by the persons-rated capacity of the largest room of assembly, shall be subtracted from the persons- rated capacity of the largest room of assembly.

The provisions of paragraph (c) of this Section are not intended to restrict the lease, license or other permission to use a room or other space in a house of worship, when given by the house of worship to a person in order to hold a function, occasion or event, where such person hires or retains a business engaged in serving food or beverages for purposes of such function, occasion or event, and provided that such business is not located on the same zoning lot as the house of worship, makes its services available to non-congregants and does not operate its business substantially for the benefit or convenience of congregants or visitors to the house of worship.

A certification pursuant to this Section shall be granted on condition that the certificate of occupancy for such house of worship be marked or amended to provide that accessory uses shall not include the utilization of a room or other space in such house of worship for the operation of a business engaged in serving food or beverages for functions, occasions or events. The Chairperson may impose additional conditions and safeguards to ensure compliance with the provisions of this Section, in the form of a signed declaration of restrictions. The filing of any such declaration in the Borough Office of the Register of the City of New York shall be precondition for the issuance of a building permit.

Within 45 days of receipt of a complete application, including documentation of the residence of congregants in a form acceptable to the Department of City Planning, the Chairperson shall either certify that the proposed development or enlargement complies with the requirements of this Section or disapprove such application, citing the nature of any failure to comply.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, whenever a zoning lot is divided by a boundary between districts or is subject to other regulations having different requirements for accessory off- street parking spaces, the provisions set forth in Article VII, Chapter 7, shall apply.

C1-1 C1-2 C2-1 C2-2 C4-1 C4-2

In C1-1, C1-2, C2-1 and C2-2 Districts mapped within R1, R2, R3A, R3X and R3-1 Districts and in C4-1 and C4-2 Districts, in the Borough of Staten Island and in Community District 10 in the Borough of the Bronx, for zoning lots with a lot area of 4,000 square feet or less with buildings containing either ambulatory diagnostic or treatment health care facilities, as listed in Section 22-14 (Use Group 4), or child care services, as listed under the definition of school in Section 12-10 (DEFINITIONS), no accessory off-street parking spaces shall be required, provided such zoning lot existed both on January 18, 2011, and on the date of application for a building permit.

C1 C2 C3 C4 C5 C6

In the districts indicated, accessory off-street parking spaces, open or enclosed, shall be provided for all dwelling units constructed after December 15, 1961, in accordance with the provisions of the following Sections and the other applicable provisions of this Chapter, as a condition precedent to the use of such dwelling unit:

Section 36-32        (Requirements Where Individual Parking Facilities Are Provided)

Section 36-33        (Requirements Where Group Parking Facilities Are Provided)

Section 36-34        (Modification of Requirements for Small Zoning Lots)

Section 36-35        (Modification of Requirements for Income- Restricted Housing Units or Affordable Independent Residences for Seniors)

Section 36-37        (Special Provisions for a Single Zoning Lot With Uses Subject to Different Parking Requirements)

Section 36-39        (Special Provisions for Zoning Lots Divided by District Boundaries)

For dwelling units constructed pursuant to the zoning regulations in effect after July 20, 1950, and prior to December 15, 1961, off-street parking spaces accessory to such dwelling units cannot be removed if such spaces were required by such zoning regulations, unless such spaces would not be required pursuant to the applicable zoning regulations currently in effect.

In addition, rooming units constructed pursuant to the zoning regulations in effect after July 20, 1950 and prior to March 22, 2016, shall continue to be subject to the applicable zoning district regulations in effect prior to March 22, 2016. For the purposes of applying such provisions to rooming units, three rooming units shall be considered the equivalent of one dwelling unit.

C1 C2

(a)        In the districts indicated, where such districts are mapped within R1, R2, R3, R4, R5, R6 or R7 Districts, except R7-2 Districts, the requirements of Section 36-31 (General Provisions) shall not apply to the additional dwelling units created by conversions on zoning lots with less than 5,000 square feet of lot area.

(b)        In the districts indicated, where such districts are mapped within R7-2, R8, R9 or R10 Districts, the requirements of Section 36-31 shall not apply to the additional dwelling units created by conversions on zoning lots of any size.

C3 C4-1 C4-2 C4-3

(a)        In the districts indicated, the requirements of Section 36-31 (General Provisions) shall not apply to the additional dwelling units created by conversions on zoning lots with less than 5,000 square feet of lot area.

C4-4 C4-5 C4-6 C4-7 C5 C6

(b)        In the districts indicated, no accessory off-street parking is required for additional dwelling units created by conversion within buildings existing prior to December 15, 1961.

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5 C3 C4-1 C4-2 C4-3

In the districts indicated, where group parking facilities are not provided, the requirements for accessory off-street parking spaces are as set forth in this Section.

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, where such districts are mapped within R1, R2, R3, R4 or R5 Districts, and where group parking facilities are not provided, one accessory off-street parking space, open or enclosed, shall be provided for each dwelling unit.

C3 C4-1 C4-2 C4-3

In the districts indicated, where group parking facilities are not provided, one accessory off-street parking space, open or enclosed, shall be provided for each dwelling unit, except that in C3A Districts, the provisions applicable to R3 Districts in Sections 25-22 (Requirements Where Individual Parking Facilities Are Provided) and 25-60 (ADDITIONAL REGULATIONS FOR PERMITTED OR REQUIRED ACCESSORY OFF-STREET PARKING SPACES) shall apply.

C1 C2 C3 C4 C5 C6 C7 C8

In the districts indicated, for residences developed under single ownership or control where group parking facilities are provided, the number of required accessory off-street parking spaces is as set forth in Section 25-23 (Requirements Where Group Parking Facilities Are Provided), for the applicable Residence District, as determined in accordance with Section 35-22 or 35-23. For the purpose of determining the number of required accessory off-street parking spaces for such residences in C1-6, C2-6, C4-4, C4-5 and C6-1 Districts, the regulations of an R7-2 District shall apply. For C1 or C2 Districts mapped within lower density growth management areas, the number of required accessory off-street parking spaces for such residences shall be 100 percent of the number of new dwelling units, and for C1 or C2 Districts mapped within R5A and R5B Districts, the number of required accessory off-street parking spaces for such residences shall be in accordance with an R5 District without a letter suffix.

C1 C2 C4-2 C4-3 C4-4 C4-5 C4-6 C4-7 C5 C6

In the districts indicated for small zoning lots, the requirements set forth in Section 36-33 (Requirements Where Group Parking Facilities Are Provided), shall be modified in accordance with the provisions set forth in this Section.

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, for zoning lots of 10,000 or 15,000 square feet or less, the number of required accessory off- street parking spaces is determined by the Residence District within which such Commercial District is mapped, in accordance with the following table:

REDUCED REQUIREMENTS FOR SMALL ZONING LOTS

District within which C1 or C2 District is Mapped

Lot Area

Parking Spaces Required as a Percent of total Dwelling Units

R6 R7-1* R7B

R7-1 R7A R7D R7X

10,000 square feet or less

50

30

R7-2

R8** R9 R10

10,001 to 15,000 square feet

30

20

*        In C1 or C2 Districts mapped within R7-1 Districts within lower density growth management areas in Community District 10, Borough of the Bronx

**        In R8B Districts, the parking requirements may not be reduced

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C4-2 C4-3 C4-4 C4-5 C4-6 C4-7 C5 C6

In the districts indicated, for zoning lots of 10,000 or 15,000 square feet or less, the number of required accessory off- street parking spaces is as set forth in the following table:

REDUCED REQUIREMENTS FOR SMALL ZONING LOTS

District

Lot Area

Parking Spaces Required as a Percent of Total Dwelling Units

C4-2 C4-3

10,000 square feet or less

50

C1-6 C2-6 C4-4 C4-5 C6-1

C1-7 C1-8 C1-9 C2-7 C2-8 C4-6 C4-7 C5 C6-2 C6-3 C6-4 C6-5 C6-6 C6-7 C6-8 C6-9

10,001 to 15,000 square feet

30

20

C1-4 C1-5 C2-4 C2-5

In the districts indicated, when mapped within an R7-2, R8, R9 or R10 District, the requirements set forth in Section 36-33 (Requirements Where Group Parking Facilities Are Provided) shall be waived for zoning lots of 10,000 square feet or less, except in R8B Districts.

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C4-4 C4-5 C4-6 C4-7 C5 C6

In the districts indicated, the requirements set forth in Section 36-33 (Requirements Where Group Parking Facilities Are Provided) shall be waived for zoning lots of 10,000 square feet or less.

C1 C2

In the districts indicated mapped within R4, R5 and R6 Districts in the Borough of Staten Island, for zoning lots with a lot area of 4,000 square feet or less, no accessory off-street parking spaces shall be required, provided such zoning lot existed both on January 18, 2011, and on the date of application for a building permit.

C1 C2 C3 C4 C5 C6

In the districts indicated, the number of required accessory off-street parking spaces is as set forth in Section 25-25 (Modification of Requirements for Income-Restricted Housing Units, Affordable Independent Residences for Seniors or Other Government-Assisted Dwelling Units) for the applicable Residence District, as determined in accordance with Sections 35-22 or 35- 23.

C1 C2 C4-2 C4-3 C4-4 C4-5 C4-6 C4-7 C5 C6

In the districts indicated, the requirements set forth in Section 36-31 (General Provisions) shall be subject to the waiver provisions of this Section.

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, where such districts are mapped within R6, R7, R8, R9 or R10 Districts, the requirements set forth in Section 36-31 (General Provisions) shall be waived if the required number of accessory off-street parking spaces resulting from the application of such requirements is no greater than the maximum number as set forth in the following table. The maximum number is determined by the Residence District within which the Commercial District is mapped.

NUMBER OF SPACES FOR WHICH REQUIREMENTS ARE WAIVED

Residence District within which C1 or C2 District is Mapped

Maximum Number of Spaces Waived

R5D

1

R6 R7-1* R7B

5

R7-2 R7A R7D R7X R8 R9 R10

15

*        For Quality Housing buildings with income-restricted housing units utilizing the parking reductions of Section 25-251, or for Quality Housing buildings with other government-assisted dwelling units utilizing the parking reductions of Section 25-253, the maximum number of spaces waived shall be 15.

However, the following provisions shall apply:

(a)        In C1 or C2 Districts mapped within R5D Districts, the provisions of this Section shall apply only to zoning lots existing both on June 29, 2006, and on the date of application for a building permit; and

(b)        In C1 or C2 Districts mapped within R6 and R7 Districts in lower density growth management areas in Community District 10 in the Borough of the Bronx, the provisions of this Section, inclusive, shall only apply to zoning lots existing both on March 25, 2010, and on the date of application for a building permit.

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C4-2 C4-3 C4-4 C4-5 C4-6 C4-7 C5 C6

In the districts indicated, the requirements set forth in Section 36-31 (General Provisions) shall be waived if the required number of accessory off-street parking spaces resulting from the application of such requirements is no greater than the maximum number as set forth in the following table:

Districts

Maximum Number of Spaces Waived

C4-2 C4-3

5

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C4-4 C4-5 C4-6 C4-7 C5 C6

15

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated*, where such districts are mapped within R6, R7-1, R7A, R7B, R7D or R7X Districts, the requirements set forth in Section 36-311 (Application of requirements to conversions in C1 or C2 Districts) shall be waived if the required number of accessory off-street parking spaces resulting from the application of such requirements is 20 spaces or less, provided that the Board of Standards and Appeals may waive requirements for a greater number of spaces in accordance with the provisions of Section 73-46 (Waiver of Requirements for Conversions).

*        No accessory off-street parking is required for additional dwelling units created by conversions in C1 or C2 Districts mapped within R7-2, R8, R9, or R10 Districts. See Section 36-311 (Application of requirements to conversions in C1 or C2 Districts)

C4-2 C4-3

In the districts indicated*, the requirements set forth in Section 36-312 (Application of requirements to conversions in C3, C4, C5 and C6 Districts) shall be waived, if the required number of accessory off-street parking spaces resulting from the application of such requirements is 20 spaces or less, provided that the Board of Standards and Appeals may waive requirements for a greater number of spaces in accordance with the provisions of Section 73-46 (Waiver of Requirements for Conversions).

*        No accessory off-street parking is required for additional dwelling units created by conversions in the districts not indicated in Section 36-312 (Application of requirements to conversions in C3, C4, C5 and C6 Districts).

C1 C2 C3 C4 C5 C6

In the districts indicated, where any building or zoning lot contains two or more uses having different parking requirements as set forth in the following Sections, the parking requirements for each type of use shall apply to the extent of that use:

Section 36-21        (General Provisions)

Section 36-31        (General Provisions)

However, the number of spaces required for houses of worship or for uses in parking requirement category D (Places of Assembly) when in the same building or on the same zoning lot as any other use may be reduced by the Board of Standards and Appeals in accordance with the provisions of Section 73-43 (Reduction of Parking Spaces for House of Worship or Places of Assembly).

C1 C2 C3 C4 C5 C6

In the districts indicated, the requirements set forth in Section 36-31 (General Provisions) shall not apply to any building or zoning lot as to which the Commissioner of Buildings has certified that there is no way to arrange the required spaces with access to the street to conform to the provisions of Section 36-53 (Width of Curb Cuts and Location of Access to the Street). The Commissioner of Buildings may refer such matter to the Department of Transportation for report and may base his determination on such report.

C1 C2 C3 C4 C5 C6

In the districts indicated, whenever a zoning lot is divided by a boundary between districts or is subject to other regulations having different requirements for accessory off-street parking spaces, the provisions set forth in Article VII, Chapter 7, shall apply.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted or required off- street parking spaces, open or enclosed, accessory to residences or to commercial or community facility uses shall be provided on the same zoning lot as the building or use to which such spaces are accessory, except as provided in the following Sections:

Section 36-42        (Off-site Spaces for Residences)

Section 36-43        (Off-site Spaces for Commercial or Community Facility Uses)

Section 36-44        (Joint and Shared Facilities)

Section 36-45        (Additional Regulations for Required Spaces When Provided Off Site)

Section 73-45        (Modification of Off-site Parking Provisions)

Such exceptions to the requirement that the spaces be provided on the same zoning lot as the building or use to which they are accessory shall not apply in the case of spaces provided in a permitted public parking garage in accordance with the provisions of Section 36-57 (Accessory Off-street Parking Spaces in Public Garages).

C1 C2 C3 C4 C5 C6

In the districts indicated, all permitted or required off-street parking spaces accessory to residences may be provided on a zoning lot other than the same zoning lot as the residences to which such spaces are accessory, provided that in such instances all such spaces are:

(a)        located in a district other than a Residence District, or provided in a joint facility located in a district other than an R1 or R2 District on the same zoning lot as one of the buildings to which it is accessory, and conforming to the provisions of Section 36-44 (Joint and Shared Facilities); and

(b)        not further than the maximum distance from the zoning lot specified in this Section.

C1 C2 C3 C4 C5 C6

In the districts indicated, all such spaces shall not be further than the distance set forth in the following table from the nearest boundary of the zoning lot occupied by the residences to which they are accessory.

District

Maximum Distance from the Zoning Lot

C1-1 C1-2 C1-3 C2-1 C2-2 C2-3 C3 C4-1 C4-2 C4-3

600 feet

C1-4 C1-5 C1-6 C1-7 C1-8 C1-9 C2-4 C2-5 C2-6 C2-7 C2-8 C4-4 C4-5 C4-6 C4-7 C5 C6

1,000 feet

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted or required off- street parking spaces accessory to commercial or community facility uses may be provided on a zoning lot other than the same zoning lot as such uses but within the same district or an adjoining Commercial District or Manufacturing District. However, all required spaces shall not be further than 600 feet from the nearest boundary of the zoning lot on which such uses are located.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, required accessory off-street parking spaces may be provided in facilities designed to serve jointly two or more buildings or zoning lots, provided that:

(a)        the number of spaces in such joint facilities shall be not less than that required in the following Sections for the combined number of dwelling units or the combined floor area, lot area, rated capacity, or other such unit of measurement in such buildings or zoning lots:

Section 36-21        (General Provisions)

Section 36-22        (Special Provisions for a Single Zoning Lot With Uses Subject to Different Parking Requirements)

Section 36-31        (General Provisions);

(b)        all such spaces are located in a district where they are permitted under the applicable provisions of Sections 36-42 (Off-Site Spaces for Residences), 36-43 (Off-Site Spaces for Commercial or Community Facility Uses) or 73-45 (Modification of Off-site Parking Provisions); and

(c)        the design and layout of such joint facilities meet standards of adequacy set forth in regulations promulgated by the Commissioner of Buildings.

In C1 or C2 Districts mapped within R1, R2, R3, R4 or R5 Districts and in C3, C4-1, C4-2 and C8-1 Districts, required

accessory off-street parking spaces may be provided for houses of worship in facilities designed to be shared with other permitted non-residential uses, in any district, provided that:

(a)        no more than 25 percent of the spaces in such facilities may be used to satisfy the parking requirement for both the house of worship and other permitted non-residential uses, except that such percentage may be increased by the Commissioner of Buildings if it can be demonstrated that such additional parking spaces would not be used by the house of worship and other permitted non-residential uses at the same times;

(b)        all such spaces are no further than 600 feet from the nearest boundary of the zoning lot containing the house of worship; and

(c)        all such spaces conform to all applicable regulations of the district in which they are located.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, when required accessory off- street parking spaces are provided off the site in accordance with the provisions of Sections 36-42 (Off-site Spaces for Residences), 36-43 (Off-site Spaces for Commercial or Community Facility Uses) or 36-44 (Joint and Shared Facilities), the following additional regulations shall apply:

(a)        such spaces shall be in the same ownership (single fee ownership or alternative ownership arrangements of the zoning lot definition in Section 12-10) as the use to which they are accessory, and shall be subject to deed restrictions filed in an office of record, binding the owner and his heirs and assigns to maintain the required number of spaces available throughout the life of such use; and

(b)        such spaces shall conform to all applicable regulations of the district in which they are located.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted or required accessory off-street parking spaces, open or enclosed, shall be used primarily for the owners, occupants, employees, customers, residents or visitors of the use or uses to which such spaces are accessory, except as set forth in this Section.

(a)        Any off-street parking spaces accessory to residences which are not needed by the occupants of such residences, may be rented to persons who are not occupants of suchresidences for the accommodation of private passenger motor vehicles used by such persons or may be occupied by car sharing vehicles, only as set forth in the following paragraphs:

(1)        In C1 or C2 Districts mapped within Residence Districts

In C1 or C2 Districts mapped within R3, R4 or R5A Districts, the number of spaces occupied by car sharing vehicles shall not exceed 10 percent of all parking spaces in group parking facilities containing 20 or more spaces. In C1 or C2 Districts mapped within R5 Districts, except R5A Districts, and in R6, R7, R8, R9 or R10 Districts, the number of spaces occupied by car sharing vehicles shall not exceed five spaces or 20 percent of all parking spaces, whichever is greater.

(2)        In C1 or C2 Districts not mapped within Residence Districts, or in C3, C4, C5, C6 Districts

In the districts indicated, except C3 Districts, the number of spaces occupied by car sharing vehicles shall not exceed five spaces or 20 percent of all parking spaces, whichever is greater. In C3 Districts, the number of spaces occupied by car sharing vehicles shall not exceed 10 percent of all parking spaces in group parking facilities containing 20 or more spaces.

Such spaces provided pursuant to paragraph (a) of this Section shall be made available to the occupants of the residences to which they are accessory within 30 days after written request is made to the landlord.

(b)        Car sharing vehicles may occupy off-street parking spaces accessory to a non-residential use in group parking facilities containing 20 spaces or more; however, the number of spaces so occupied shall not exceed 10 percent of all parking spaces in such group parking facilities.

In addition, the rental of such spaces to non-residents shall be subject to the restrictions applying to the specified districts as set forth in Sections 36-461 and 36-462, except that such restrictions shall not apply to spaces occupied by car sharing vehicles.