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| URL | https://zr.planning.nyc.gov/article-ii/chapter-3 |
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| Boilerpipe Text | The
bulk
regulations of this Chapter apply to any
zoning lot
or portion of a
zoning lot
located in any
Residence District
which contains any
residential
building or other structure
, or to the
residential
portion of a
building or other structure
used for both
residential
and
community facility
uses
. The
bulk
regulations of Article II, Chapter 4, shall apply to any
zoning lot
or portion of a
zoning lot
containing a
community facility building
or to the
community facility
portion of a
building
used for both
residential
and
community facility
uses
, except as set forth in Sections
24-04
(Applicability of Article II, Chapter 3 Regulations) and
24-05
(Buildings containing certain community facility uses). 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.
The conversion of non-
residential
floor area
to
residences
shall be subject to the provisions of Article I, Chapter 5 (Residential Conversions Within Existing Buildings), unless such
conversions
meet the requirements for
residential
developments
of Article II (Residence District Regulations).
Existing
buildings or other structures
that are
non-complying buildings or other structures
or existing
buildings
where an
enlargement
,
conversion
,
extension
, change of
use
or other alternation would create a
non-compliance
with the applicable
bulk
regulations are subject to the regulations set forth in Article V, Chapter 4.
Special regulations applying in certain areas are set forth in Article VI, inclusive.
Special permits that may be granted by the Board of Standards and Appeals are set forth in Article VII, Chapter 3. Special permits and authorizations that may be granted by the City Planning Commission are set forth in Article VII, Chapters 4 and 5, respectively.
Special regulations applying to
large-scale residential developments
or
large-scale community facility developments
are set forth in Article VII, Chapters 8 or 9, respectively. Special regulations applying to
large-scale general developments
are set forth in Section
74-74
.
Any
development
or
enlargement
that occurs on or over a
railroad right-of-way
, or the inclusion of a
railroad right-of-way
in the
lot area
of a
zoning lot
less than one and a half acres, and that is not
accessory
to such
railroad right-of-way
, shall be certified by the Chairperson of the City Planning Commission pursuant to Section
75-41
. In addition, the
development
or
enlargement
of a
building
on a
zoning lot
greater than one and a half acres that includes a
railroad right-of-way
or
former railroad right-of-way
, where such
building
is not
accessory
to a
railroad right-of-way
, may be permitted by the Commission pursuant to Section
74-61
.
Special regulations applying only in Special Purpose Districts are set forth in Articles VIII, IX, X, XI, XII, XIII and XIV.
The following bulk regulations are adopted in order to protect residential areas against congestion and to encourage the development of desirable and stable residential neighborhoods. In order to achieve these purposes, a direct control of density as well as of the physical volume of buildings is established.
In all districts, whenever a
zoning lot
is divided by a boundary between districts or is subject to different
bulk
regulations for different portions of the
zoning lot
, the provisions set forth in Article VII, Chapter 7, shall apply.
Special rules governing optional
bulk regulations
affecting one or more
bulk
parameters are set forth in Section
23-70
(ALTERNATIVE BULK REGULATIONS FOR CERTAIN AREAS), inclusive.
These optional
bulk
provisions include alternative rules for:
predominantly built-up areas
, as set forth in Section
23-71
, inclusive;
portions of Community District 12 in the Borough of Brooklyn, as set forth in Section
23-72
, inclusive; and
sky exposure plane buildings
, as set forth in Section
23-73
, inclusive.
Where any of such optional provisions are utilized, all the other associated
bulk
provisions set forth in Section
23-70
, inclusive, shall apply.
In R6 through R12 Districts without a letter suffix, on
zoning lots
where demolition or disposition is subject to approval from the U.S. Department of Housing and Urban Development (HUD) under section 18 of the Housing Act of 1937, the provisions of this Section shall apply.
For
developments
or
enlargements
of
residences
other than
qualifying senior housing
or
MIH developments
on
MIH sites
:
on
zoning lots
where the height of any existing
building
containing
residences
exceeds the heights for
zoning lots
containing standard
residences
set forth in Section
23-432
, the regulations for
sky exposure plane buildings
set forth in Section
23-73
, inclusive, shall apply, and shall not be optional; and
on
zoning lots
where the height of all existing
building
containing
residences
are less than or equal to the heights for
zoning lots
containing standard
residences
set forth in Section
23-432
, the
bulk
regulations for
residential buildings
of this Chapter applicable to non-
sky exposure plane buildings
may be applied, except that:
the height and setback modifications for eligible sites set forth in Section
23-434
shall not apply; and
the minimum distance between
buildings
two of more
buildings
on the same
zoning lot
that are not connected at any level shall be governed by the provisions of paragraph (c) of Section 23-735. Notwithstanding the provisions of Section
23-05
, the use of this Section shall not necessitate the utilization of all other provisions for
sky exposure plane buildings
unless other provisions of Section
23-73
, inclusive, are applied.
Minimum
lot area
and
lot width
regulations are set forth in Section
23-11
for R1 through R5 Districts and Section
23-12
for R6 through R12 Districts.
However, such
lot area
and
lot width
regulations shall not apply to
zoning lots
in existence on December 5, 2024, where the
lot area
or
lot width
was less than the prescribed minimums of such Sections, and after December 5, 2024, such
lot area
or
lot width
has not decreased.
Where two or more
buildings
that are
single-
or
two-family
detached
or
zero lot line
residences
are located on a
zoning lot
, the applicable minimum
lot area
requirement set forth in the table in this Section shall be multiplied by the number of such
buildings
on the
zoning lot
. For the purposes of applying such calculation,
detached
buildings
that are permitted obstructions in a required
rear yard
or
rear yard equivalent
shall not be included.
R1 R2 R3 R4 R5
In the districts indicated, no
residence
shall be permitted on a
zoning lot
with a total
lot area
or
lot width
less than as set forth in the following table:
REQUIRED MINIMUM LOT AREA AND LOT WIDTH
Type of
Residence
District
Minimum
Lot Area
(in sq. ft)
Minimum
Lot Width
(in ft)
Single-
or
two-family
detached
, or
zero lot line
, where permitted
R1-1
7,125
75
R1-2 R1-2A
4,750
50
R2 R2A R2X R3X
R3-1 R3-2 R4 R5
2,850
30
R3A R4-1 R4A R4B R5A R5B R5D
2,375
25
Other
residences
, where permitted
R1 – R5
1,700
18
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, no
residence
shall be permitted on a
zoning lot
with a total
lot area
or
lot width
less than as set forth in the following table:
REQUIRED MINIMUM LOT AREA AND LOT WIDTH
Type of
Residence
District
Minimum
Lot Area
(in sq. ft)
Minimum
Lot Width
(in ft)
Single-
or
two-family
detached
or
zero lot line
R6 - R12
2,375
25
Other
residences
R6 - R12
1,700
18
Floor area
regulations are set forth in Section
23-21
for R1 through R5 Districts and Section
23-22
for R6 through R12 Districts. Special allowances for
multiple dwelling residences
are set forth in Section
23-23
. Special rules governing certain areas are set forth in Section
23-24
.
For
zoning lots
with
buildings
containing multiple
uses
or multiple
buildings
with different
uses
, inclusive of
residences
subject to different
floor area ratios
, the maximum
floor area ratio
for each
use
shall be as set forth in the applicable provisions of this Section, inclusive, or as provided in the respective
floor area
provisions of another Chapter of this Resolution. The total of all such
floor area ratios
shall not exceed the greatest
floor area ratio
permitted for any such
use
on the
zoning lot
.
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
.
Where a
floor area
bonus established through another Section of this Resolution applies to a
zoning lot
containing
residences
, the
residential
floor area ratio
used to calculate the maximum permitted
floor area
bonus shall be the maximum
floor area ratio
permitted for such
zoning lot
pursuant to this Section, depending on whether the
zoning lot
is a
qualifying residential site
or the
zoning lot
contains
qualifying affordable housing
or
qualifying senior housing
.
R1 R2 R3 R4 R5
In the districts indicated, the maximum
residential
floor area ratio
shall be as set forth in the following table. Separate maximum
residential
floor area ratios
are set forth for standard
zoning lots
and
zoning lots
that are
qualifying residential sites
.
MAXIMUM FLOOR AREA RATIO FOR R1-R5 DISTRICTS
District
Standard
zoning lots
Qualifying residential sites
R1-2A R1-1 R1-2
R2A R2
R3A R3X R3-1 R3-2
0.75
1
1.00
R2X
1.00
1.00
R4A R4B R4
R4-1
1.00
1.50
R5A R5B R5
1.50
2.00
R5D
2.00
2.00
1
For standard
zoning lots
with a
lot area
of 4,000 square feet or more, the maximum
residential
floor area
associated with any single
dwelling unit
shall not exceed an equivalent
floor area ratio
of 0.60.
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the maximum
residential
floor area ratio
shall be as set forth in the following table. Separate maximum
residential
floor area ratios
are set forth for
zoning lots
containing standard
residences
and
zoning lots
containing
qualifying affordable housing
or
qualifying senior housing
.
MAXIMUM FLOOR AREA RATIO FOR
R6-R12 DISTRICTS
District
Standard
residences
Qualifying affordable housing
or
qualifying senior housing
R6A R6
1
R6-1
R7B
3.00
3.90
R6
2.20
3.90
R6B
2.00
2.40
R6D R6-2
2.50
3.00
R7A R7-1
1
R7-2
1
4.00
5.01
R7-1 R7-2
3.44
5.01
R7D
4.66
5.60
R7X R7-3
5.00
6.00
R8A R8X R8
6.02
7.20
R8
7.20
1
8.64
2
R8B
4.00
4.80
R9A R9
7.52
9.02
R9D R9X R9-1
9.00
10.80
R10A R10X R10
10.00
12.00
R11
12.00
15.00
R12
15.00
18.00
1
For
zoning lots
, or portions thereof, located within 100 feet of a
wide street
2
Outside of
Mandatory Inclusionary Housing areas
, for
zoning lots
, or portions thereof, located within 100 feet of a
wide street
, containing
UAP developments
or
qualifying senior housing
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, for
buildings
containing
multiple dwelling residences
, floor space allocated to
building
amenities, corridors, refuse storage or disposal, or access to elevated ground floor
dwelling units
may be exempted from the definition of
floor area
pursuant to Section
12-10
, provided that the provisions of this Section, inclusive, are met. However, exempted floor space shall be considered
floor area
for the purposes of satisfying other
ground floor level
use
regulations of this Resolution, including, but not limited to, limitations on
floor area
for certain
uses
, parking wrap and screening requirements, and requirements for
floor area
at the
ground floor level
.
Such provisions may be applied to
buildings
developed
after December 5, 2024, and to existing
buildings
where, after December 5, 2024, an
enlargement
,
extension
,
conversion
or other alteration results in newly created or altered floor space that conforms with such specific provisions of this Section, inclusive.
Floor space in a
building
allocated to
residential
amenities may be exempted from the definition of
floor area
, in an amount not to exceed five percent of the
residential floor area
of the
building
.
Such amenities may include recreation spaces, including those required pursuant to Section
23-63
, or other amenities, including, but not be limited to, co-working areas, library or reading rooms, or music practice rooms, package or storage rooms, laundry facilities, or pet-related facilities.
However, amenity space shall not include floor space for circulation through the
building
, including, corridors or vertical circulation spaces.
Amenities provided pursuant to this Section shall be accessible to the residents of the
building
.
Floor space in a
building
allocated to corridors may be exempted from
floor area
pursuant to the provisions of paragraphs (a) or (b) of this Section. Such provisions may be applied individually or in combination.
Corridors Termination
Fifty percent of the floor space of a corridor may be exempted from the definition of
floor area
where one of the following criteria are met:
the corridor provides direct access to outdoor space on a balcony or terrace on the same
story
that is accessible to residents of the
story
;
the corridor has daylighting through windows with a glazed area of at least 20 square feet, and such windows are located:
directly within the corridor;
in the enclosing walls of a stairwell along such corridor, and access to such stairwell from the corridor is provided through an entry door assembly with a minimum glazed area of at least 16 square feet; or
within common space along such corridor that accessible to residents of the
story
; or
the corridor terminates with a
dwelling unit
that contains at least three bedrooms.
Length of Corridor
Fifty percent of the floor space of a corridor may be exempted from the definition of
floor area
, where the length of the corridor, as measured from the vertical circulation core to the door of the furthest
dwelling unit
on the
story
, does not exceed 100 linear feet. For the purposes of this Section, a vertical circulation core shall refer to an elevator core (consisting of one or more elevators) or, in a non-elevator
building
, to a central stairwell.
Floor space in a
building
allocated to refuse storage and disposal may be exempted from the definition of
floor area
in an amount not to exceed a maximum of three square feet per
dwelling unit
in the
building
.
For
buildings
with entryways at
curb level
that accommodate ramps, stairs or lifts to
dwelling units
that are elevated above
curb level
on the first
story
of the
building
, up to 100 square feet of such entryways may be exempted from the definition of
floor area
for each foot of difference between the floor level of such
dwelling units
and
curb level
. However, no more than a maximum of 500 square feet of floor space may be exempted from the definition of
floor area
for each
building
.
In R9 and R10 Districts, for
zoning lots
containing a
building
that is
developed
or
enlarged
pursuant to the applicable tower regulations of Section
23-435
(Tower regulations), any floor space used for mechanical equipment provided pursuant to paragraph (8) of the definition of
floor area
in Section
12-10
(DEFINITIONS), and any floor space that is or becomes unused or inaccessible within a
building
, pursuant to paragraph (k) of the definition of
floor area
in Section
12-10
, shall be considered
floor area
and calculated in accordance with the provisions of this Section, provided that such floor space:
occupies the predominant portion of a
story
;
is located above the
base plane
or
curb level
, as applicable, and below the highest story containing
residential floor area
; and
exceeds an aggregate height of 25 feet within any given 75 vertical feet of one another within a
building
.
For the purpose of applying this provision, the height of such floor space shall be measured from the top of a structural floor to the bottom of a structural floor directly above such space. In addition, the number of
stories
of
floor area
such space constitutes within the
building
shall be determined by aggregating the total height of such floor spaces, dividing by 25 feet, and rounding to the nearest whole integer.
Borough of Brooklyn
For R1 through R3 Districts south of Avenue H in Community Districts 11, 14 and 15 in the Borough of Brooklyn, the maximum
floor area ratio
for standard
zoning lots
set forth in Section
23-21
(Floor Area Regulations for R1 Through R5 Districts) shall be increased to 1.0.
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.
Nighttime closing of existing public open areas
In all
Residence 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).
Elimination or reduction in size of existing public amenities
In all 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 Commission, pursuant to Section
74-761
(Elimination or reduction in size of bonused public amenities).
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, regulations governing
yards
,
courts
,
lot coverage
, and other open areas shall be set forth in Section
23-30
, inclusive.
General provisions shall be as set forth in Section
23-31
, inclusive.
Front yard
requirements shall be as set forth in Section
23-32
, inclusive,
side yard
requirements shall be as set forth in Section
23-33
, inclusive, and
rear yard
and
rear yard equivalent
requirements shall be as set forth in Section
23-34
, inclusive.
Court
regulations, including those for
inner courts
and
outer courts
, shall be as set forth in Section
23-35
, inclusive.
Maximum
lot coverage
requirements shall be as set forth in Section
23-36
, inclusive.
Other regulations governing open areas, including minimum distances between
buildings
and minimum distances between
legally required windows
and
lot lines
, shall be as set forth in Sections
23-37
, inclusive.
Special rules for certain areas shall be as set forth in Section
23-38
, inclusive.
In R6 through R12 Districts, the obstructions permitted within a
front yard
pursuant to Section
23-31
, inclusive, may also be permitted in the open area between the
street wall
and the
street line
.
In all
Residence Districts
, the following obstructions shall be permitted within any required
yard
,
rear yard equivalent
,
court
or other required open area. These allowances are generally common to
Residence
,
Commercial
and
Manufacturing Districts
.
Accessory
mechanical equipment, limited in depth to 18 inches from an exterior wall;
Arbors or trellises;
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:
shall be limited to a maximum projection from a
building
wall of 2 feet, 6 inches; and
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;
Bicycle or micromobility parking, including necessary ancillary structures;
Canopies;
Chimneys, projecting not more than three feet into, and not exceeding two percent of the area of, the required
yard
or
rear yard equivalent
;
Eaves, gutters, downspouts, or other similar projections, extending 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;
Electric vehicle charging equipment;
Flagpoles;
Qualifying exterior wall thickness
;
Ramps or lifts for people with physical disabilities;
Solar energy systems,
accessory
or as part of an
energy infrastructure equipment
:
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; or
above other permitted obstructions, as applicable, provided that the additional height shall be limited to 18 inches;
Terraces or porches, open;
Window sills, or similar projections extending into such
yard
or
rear yard equivalent
not more than four inches.
In all
Residence Districts
, the obstructions set forth in Section
23-311
(Permitted obstructions in all yards, courts and open areas), as well as the following obstructions, shall be permitted within any
yard
or
rear yard equivalent
:
Balconies, unenclosed, of a
building
containing
residences
subject to the applicable provisions of Section
23-62
. Such balconies are not permitted in
side yards
or within five feet of the
side lot line
or
rear lot line
in a
rear yard
or
rear yard equivalent
;
Fences, not exceeding four feet in height above adjoining grade in any
front yard
, except that for
corner lots
a fence may be up to six feet in height within that portion of one
front yard
that is between a
side lot line
and the prolongation of the side wall of the
residence
facing such
side lot line
;
Fire escapes, projecting into a
front yard
, only in such cases where the fire escape is required for the
conversion
of a
building
in existence before December 15, 1961;
Overhanging portions of a
single-
or
two-family residence
, which are above the first
story
including the
basement
and which project not more than three feet into the
front yard
. In no case shall the lowest level of the projected portion be less than seven feet above the level of the
front yard
at the face of the
building
. Supports for the projected portion of any
building
are permitted obstructions within the required
front yard
, provided that the total area occupied by such supports does not exceed 15 percent of the area underneath the projected portion. No support may extend beyond the three-foot projection;
Parking spaces for automobiles, off-street, open,
accessory
, within a
side
or
rear yard
;
Parking spaces, off-street, open, within a
front yard
, that are
accessory
to a
building
containing
residences
, subject to the provisions of Section
25-621
(Location of parking spaces in certain districts) and Section
25-622
(Location of parking spaces in lower density growth management areas).
However, no parking spaces of any kind shall be permitted in any
front yard
in an R4B, R5B or R5D District, or the
front yard
of a
building
containing
residences
on a
qualifying residential site
in an R1 through R5 District. Furthermore, no parking spaces of any kind shall be permitted in any
front yard
on a
zoning lot
containing an
attached
or
semi-detached
building
in an R1, R2, R3A, R3X, R4A or R5A District, or in any
front yard
on a
zoning lot
containing an
attached
building
in an R3-1 or R4-1 District;
Energy infrastructure equipment
and
accessory
mechanical equipment, provided that:
all equipment shall be subject to the applicable provisions of Section
26-50
(SPECIAL SCREENING AND ENCLOSURE PROVISIONS);
the size of all equipment, including any screening or portions of any
building or other structure
enclosing such equipment, shall not exceed:
an area equivalent to 25 percent of a required
yard
, or
rear yard equivalent
, and in addition, in
front yards
, is limited to an area not exceeding 25 square feet. However, for
corner lots
, one
front yard
may be treated as a
side yard
for the purpose of applying such size restrictions;
in R1 through R5 Districts, a height of 10 feet above the adjoining grade in
rear yards
,
rear yard equivalents
and
side yards
, or a height of five feet above the adjoining grade in
front yards
; and
in R6 through R12 Districts, a height of 15 feet above the adjoining grade;
Steps, provided that such steps access only the lowest
story
or
cellar
of a
building
fronting on a
street
, which may include a
story
located directly above a
basement
;
Swimming pools,
accessory
, above-grade structures limited to a height not exceeding eight feet above the level of the
rear yard
or
rear yard equivalent
.
Accessory
swimming pools are not permitted obstructions in any
front yard
;
Walls, not exceeding eight feet in height above adjoining grade and not roofed or part of a
building
, and not exceeding four feet in height in any
front yard
, except that for
corner lots
, a wall may be up to six feet in height within that portion of one
front yard
that is between a
side lot line
and the prolongation of the side wall of the
residence
facing such
side lot line
.
In all
Residence Districts
, the level of a
yard
or of a
rear yard equivalent
shall not be higher than
curb level
, except that natural grade level need not 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 where permitted as an obstruction pursuant to Section
23-30
, inclusive.
The width or depth of a
yard
or
rear yard equivalent
shall be measured perpendicular to
lot lines
.
R1 R2 R3 R4 R5
In the districts indicated,
front yards
shall be provided as set forth in the following table, except as further modified by the provisions of this Section.
District
Front Yard
R1
20 feet
R2 R2A R2X
R3-1 R3-2
15 feet
R3A R3X
R4 R4-1 R4A
R5 R5A
10 feet
R4B
R5B R5D
5 feet
For the purpose of this Section, the area between the
street line
and the
street wall line
of adjacent
buildings
containing
residences
on the same or adjoining
zoning lots
fronting on the same
street
shall be considered adjacent
front yards
.
Minimum
front yard
yards shall be modified as follows:
For
qualifying residential sites
with a
lot width
of at least 150 feet, the applicable
front yard
depth set forth in the table may be reduced by five feet, except that a
front yard
shall be no shallower than five feet;
For a
corner lot
, one
front yard
may have a depth that is five feet shallower than the applicable depth set forth in the table, except that a
front yard
shall be no shallower than five feet;
Where an adjacent
front yard
is shallower than the minimum required pursuant to the applicable district regulations, then the
front yard
may be as shallow as the shallowest adjacent
front yard
. However, a
front yard
shall be no shallower than five feet;
In R4B and R5B Districts, a
front yard
shall be no deeper than the deepest adjacent
front yard
and no shallower than the shallowest adjacent
front yard
. However, a
front yard
shall be no shallower than five feet, and need not exceed 15 feet in depth. Where the
street walls
surrounding the subject
building
do not have a
prevailing street wall frontage
, these
front yard
line-up provisions need not apply; and
To accommodate
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 encroach into a required
front yard
, provided that no encroachment exceeds a depth of three feet, as measured perpendicular to the
street wall
, or portion thereof.
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, no
front yard
requirements shall apply.
In all
Residence Districts
, the obstructions set forth in Section
23-311
(Permitted obstructions in all yards, courts and open areas) and
23-312
(Additional permitted obstructions generally permitted in all yards) shall be permitted within required
side yards
and required open areas along
side lot lines
. In addition, the following obstructions shall be permitted within certain portions of required
side yards
and required open areas along
side lot lines
:
on
corner lots
, enclosed
accessory
off-street parking spaces may be located in any portion that is within 30 feet of both
side lot lines
. However, in R1 or R2A Districts on
zoning lots
whose mean width is 45 feet or more, no portion of such structure shall be located less than five feet from any
side lot line
; and
on
zoning lots
other than
corner lots
, the permitted obstructions listed in Section
23-341
(Permitted obstructions in required rear yards or rear yard equivalents) may be located in any portion that is within 30 feet of a
rear lot line
or within 10 feet of a
rear yard equivalent
.
R1 R2 R3 R4 R5
Detached
buildings
In the districts indicated, for
zoning lots
containing only
single-
or
two-family
detached
residences
, two
side yards
, shall be provided. In R1 Districts the minimum width of each
side yard
shall be eight feet, and in all other districts, the minimum width shall be five feet.
R3 R4 R5
Semi-detached
buildings
and
zero lot line buildings
In the districts indicated, for
zoning lots
containing only
single-
or
two-family
semi-detached
or
zero lot line
residences
, a
side yard
with a minimum width of five feet shall be provided.
In addition, where an adjoining
zoning lot
contains a
single-
or
two-family
detached
semi-detached
, or
zero lot line
residence
, an open area with a minimum total width of eight feet shall be required between the
building
on the subject
zoning lot
and the
residence
on the adjacent
zoning lot
.
R3-2 R4 R4B R5 R5B R5D
Other
residences
In the districts indicated, for
zoning lots
containing
residences
that are not subject to paragraphs (a) or (b) of this Section, no
side yards
shall be required. However, if any open area extending along a
side lot line
is provided at any level, it shall have a minimum width of five feet, measured perpendicular to the
side lot line
. Furthermore, where a
zoning lot
adjoins a
zoning lot
containing exclusively
single-
or
two-family
residences
, and where a
side yard
with a minimum width of three feet or more is provided along the common
side lot line
, an open area with a minimum total width of eight feet shall be required between the
building
on the subject
zoning lot
and the
residence
on the adjacent
zoning lot
.
R1 R2 R3 R4 R5
Permitted obstructions in open areas between
buildings
Only
accessory
mechanical equipment limited in depth to 18 inches from an exterior wall, chimneys, downspouts, eaves, gutters, open
accessory
off-street parking spaces,
qualifying exterior wall thickness
, ramps for access by people with disabilities, and steps as set forth in the applicable provisions of Sections
23-311
and
23-312
shall be permitted obstructions in open areas between
buildings
, provided that such obstructions, not including
accessory
off-street parking spaces,
qualifying exterior wall thickness
or
accessory
mechanical equipment, may not reduce the minimum width of the open area by more than three feet.
R1 R2 R3 R4 R5
In the districts indicated, for
residences
on
qualifying residential sites
, no
side yards
shall be required. However, if any open area extending along a
side lot line
is provided at any level, it shall have a minimum width of five feet, measured perpendicular to the
side lot line
.
Furthermore, except as provided for by paragraph (c) of Section
23-332
(Basic side yard requirements in R1 through R5 Districts), where a
building
containing
residences
on an adjacent
zoning lot
has a
side yard
adjoining the subject
zoning lot
an open area with a minimum width of five feet, measured perpendicular to the
side lot line
shall be provided, and shall extend along the entire
side lot line
.
R1 R2 R3 R4 R5
In the districts indicated, where the width of a
zoning lot
is less than that required under the provisions of Section
23-11
(Lot Area and Lot Width Regulations in R1 Through R5 Districts), for a
single-
or
two-family residence
, the required total width of
side yards
, or minimum open area provided along a
side lot line
, as applicable, may be reduced by four inches for each foot by which the width of a
zoning lot
is less than that required, and where applicable, the minimum distance required between a
residence
on an adjacent
zoning lot
may be reduced by six inches for each foot by which the width of a
zoning lot
is less than that required, provided that the narrow lot condition was in existence on December 15, 1961, and, subsequently, such narrow lot condition has neither increased nor decreased in width.
However, in no event shall the required width of a
side yard
or open area be less than three feet and, where applicable, the minimum distance between a
residence
on an adjacent
zoning lot
be less than five feet.
R6 R7 R8 R9 R10 R11 R12
Detached
buildings
In the districts indicated, for
zoning lots
containing only
single-family
or
two-family
detached
residences
, two
side yards
, each with a minimum width of five feet, shall be provided.
All other
buildings
In the districts indicated, for
zoning lots
containing all other types of
residences
, no
side yards
shall be required. However, if any open area extending along a
side lot line
is provided at any level, it shall have a minimum width of five feet, measured perpendicular to the
side lot line
.
In all
Residence Districts
, the obstructions set forth in Sections
23-311
and
23-312
, as well as the following obstructions shall be permitted within any required
rear yard
or
rear yard equivalent
. These allowances are generally common to
Residence
,
Commercial
and
Manufacturing Districts
.
Breezeways;
Fire escapes;
Greenhouses, non-commercial,
accessory
, limited to one
story
or 15 feet in height above adjoining grade, whichever is less, and limited to an area not exceeding 25 percent of a required
rear yard
;
Recreational or drying yard equipment;
Sheds, tool rooms or other similar
accessory
buildings or other structures
for domestic or agricultural storage, with a height not exceeding 10 feet above the level of the
rear yard
or
rear yard equivalent
;
Solar energy systems,
accessory
or as part of an
energy infrastructure equipment
:
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; however, limited to 18 inches in height as measured perpendicular to the roof surface when located above a
detached
accessory
building or other structure
, or on any roof with a slope greater than 20 degrees; or
affixed to solar canopies and located over any otherwise unenclosed
accessory
off-street parking space, provided that the height shall not exceed 15 feet above the level of the adjoining grade;
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
.
In all
Residence Districts
, the obstructions set forth in Sections
23-311
and
23-312
, as well as the following obstructions shall be permitted within any required
rear yard
or
rear yard equivalent
.
Balconies, unenclosed, subject to the provisions of Section
23-62
;
Parking spaces, off-street,
accessory
, for automobiles or bicycles, provided that:
if
accessory
to a
single-
or
two-family residence
, the height of a
building
containing such parking spaces shall not exceed 10 feet in height above the adjoining grade and such
building
shall be
detached
from such
residence
. Parking spaces shall also be permitted in
buildings
allowed as permitted obstructions pursuant to paragraph (b)(4) of this Section, provided that the portion allocated to parking spaces does not exceed 10 feet in height;
if
accessory
to any other kind of
building
containing
residences
, the height of a
building
, or portion thereof, containing such parking spaces within the
rear yard
, shall not exceed 15 feet above
base plane
. In addition, decks, parapet walls, roof thickness, skylights, vegetated roofs, and weirs, as set forth in Section
23-41
(Permitted Obstructions), inclusive, limited to 18 inches in height, as measured perpendicular to the roof surface, shall be permitted upon the roof of such
accessory
building
within the
rear yard
;
enclosed
accessory
parking spaces for bicycles shall be
accessory
to a
residence
other than a
single-
or
two-family residence
, attached to a
building
, and the area dedicated to such spaces shall not exceed the area of bicycle parking spaces permitted to be excluded from
floor area
pursuant to Section
25-85
(Floor Area Exemption);
any portion of a
building
used for
residential uses
other than
dwelling units
in
buildings
containing
qualifying senior housing
, provided that:
such
zoning lot
is located in an R6 through R12 Districts other than R6B, R7B or R8B Districts;
such
building
portion is located within 100 feet of a
wide street
;
the height of such
building
portion does not exceed one
story
, or 15 feet above the adjoining grade, whichever is less; and
such space shall be accessible to all residents of the
building
.
In addition, decks, parapet walls, roof thickness, skylights, vegetated roofs and weirs, as set forth in Section
23-41
(Permitted Obstructions), inclusive, limited to 18 inches in height, as measured perpendicular to the roof surface, shall be permitted upon the roof of such portion of a
building
within the
rear yard
.
for
single-
or
two- family residences
, any portion of a
building
used for
residential uses
, provided that:
for any
ancillary dwelling unit
associated with a
detached
,
zero lot line
or
semi-detached
building
, the height, at any level, shall be limited to one
story
, not to exceed 15 feet. However, where an
accessory
parking space is provided below a portion of a
building
containing an
ancillary dwelling unit
, the height of such
building
, and an associated
ancillary dwelling unit
, shall not exceed two
stories
or 25 feet in height above adjoining grade, whichever is less, including the apex of a pitched roof;
for
detached
and
zero lot line
buildings
, the height of all other portions of
buildings
not containing an
ancillary dwelling unit
shall be limited to two
stories
or 25 feet in height above adjoining grade, whichever is less, including the apex of a pitched roof;
the size shall be limited to an area not exceeding one-third of the
rear yard
or
rear yard equivalent
; and
where such
building
is free-standing from other existing
buildings
on the
zoning lot
, it shall not be closer than five feet to a
rear lot line
or
side lot line
.
In addition, parapet walls, roof thickness, skylights, vegetated roofs and weirs, as set forth in Section
23-41
(Permitted Obstructions), inclusive, limited to 18 inches in height, as measured perpendicular to the roof surface, shall be permitted upon the roof of such portion of a
building
within the
rear yard
.
However, no portion of a
rear yard equivalent
which is also a required
front yard
or required
side yard
may contain any obstructions not permitted in such
front yard
or
side yard
.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In all districts,
rear yards
shall be provided on
interior lots
in accordance with this Section., except as otherwise provided pursuant to the provisions of Section
23-34
, inclusive.
Standard lots
In the districts indicated, a
rear yard
shall be provided as follows:
For
detached
and
zero lot line buildings
, for
buildings
or portions thereof at or below a height of 75 feet, as measured from
base plane
, a
rear yard
with a depth of not less than 20 feet shall be provided at every
rear lot line
on any
zoning lot
, and for portions above 75 feet, where permitted, a
rear yard
with a depth of 30 feet shall be provided; and
For
semi-detached
and
attached
buildings
:
for
zoning lots
with a
lot width
of less than 40 feet, a
rear yard
with a depth of not less than 30 feet shall be provided at every
rear lot line
on any
zoning lot
; and
for
zoning lots
with a
lot width
of 40 feet or greater, for
buildings
or portions thereof at or below a height of 75 feet, as measured from
base plane
, a
rear yard
with a depth of not less than 20 feet shall be provided at every
rear lot line
on any
zoning lot
, and for portions above 75 feet, where permitted, a
rear yard
with a depth of 30 feet shall be provided.
Shallow lots
In the districts indicated, the provisions of this Section may be modified where an
interior lot
is less than 95 feet deep at any point, and the shallow lot condition was in existence on December 15, 1961, and, subsequently, such shallow lot condition has neither increased nor decreased in depth.
For such shallow
interior lots
, or portions thereof, the depth of a required
rear yard
set forth for standard lots may be reduced by six inches for each foot by which the depth of a
zoning lot
, or portion thereof, is less than 95 feet. However, in no event shall the minimum depth of a
required yard
, or portion thereof, be reduced to less than 10 feet.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In all districts,
rear yard equivalents
shall be provided on
through lots
in accordance with this Section, except as otherwise provided pursuant to the provisions of Section
23-34
, inclusive.
Exceptions
No
rear yard equivalent
regulations shall apply:
to any
through lots
that extend less than 110 feet in maximum depth from
street
to
street
;
to
large sites
;
to any
zoning lot
that includes a
through lot
portion that is contiguous on one side to two
corner lot
portions and such
zoning lot
occupies the entire
block
frontage of a
street
; or
to any
zoning lot
occupying an entire
block
.
Depth requirement
For standard lots
On any
through lot
that is 190 feet or more in maximum depth from
street
to
street
, for
buildings
or portions thereof at or below a height of 75 feet, a
rear yard equivalent
consisting of an open area with a minimum depth of 40 feet shall be provided, and above a height of 75 feet, where permitted, a
rear yard equivalent
of 60 feet shall be provided.
For shallow lots
The depth of a
rear yard equivalent
may be reduced where a
through lot
is less than 190 feet deep at any point, and the shallow lot condition was in existence on December 15, 1961, and, subsequently, such shallow lot condition has neither increased nor decreased in depth.
For such shallow
through lots
, or portions thereof, the depth of a required
rear yard equivalent
set forth for standard
through lots
in this Section, may be reduced by one foot by which the depth of a
zoning lot
, or portion thereof, is less than 190 feet. However, in no event shall the minimum depth of a
required yard
, or portion thereof, be reduced to less than 20 feet.
Location requirement
Standard location
A
rear yard equivalent
shall be provided midway, or within 10 feet of being midway, between the two
street lines
upon which such
through lot
fronts.
Alternative location allowances
Alternatively, for
zoning lots
utilizing the height and setback provisions for eligible sites in Section
23-434
, the tower regulations of Section
23-435
, or other height and setback provisions of this Resolution that modify or supersede the underlying provisions for R10 Districts without a letter suffix, or for shallow lots eligible for the provisions of paragraph (b)(2) of this Section, the following options may be applied:
open areas adjoining and extending along the full length of either or both
street lines
, where the combined depth of such open areas is equivalent to the depth of the required
rear yard equivalent
;
open areas adjoining and extending along the full length of each
side lot line
with a minimum width equivalent to half of the required
rear yard equivalent
, as measured perpendicular from each
side lot line
. However, the width of such open area along one
side lot line
may be decreased provided that a corresponding increase in width is made along the other
side lot line
and further provided that any open area shall have a minimum width of five feet. The allowances for permitted obstructions in any
yard
or
rear yard equivalent
set forth in Sections
23-311
and
23-312
shall be permitted in such open areas.
Any such
rear yard equivalent
shall be unobstructed from its lowest level to the sky, except as provided in Section
23-341
(Permitted obstructions in required yards or rear yard equivalents).
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In all districts, as indicated, the
rear yard
requirements set forth in Section
23-342
(Rear yard requirements) and the
rear yard equivalent
requirements of Section
23-343
(Rear yard equivalent requirements) shall be modified as set forth in this Section.
Within one hundred feet of corners
In the districts 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.
Along
short dimension of a block
In the districts indicated, whenever a
front lot line
of a
zoning lot
coincides with the
street line
of the
short dimension of a block
, no
rear yard
shall be required within 100 feet of such
street line
Beyond one hundred feet of a
street line
In all districts, as indicated, for
interior
or
through lot
portions of
corner lots
, and for
zoning lots
bounded by two or more
streets
that are neither
corner lots
nor
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 the following rules shall apply along such
rear lot line
:
In all districts, a
rear yard
shall be provided in accordance with Section
23-342
(Rear yard requirements), where such
rear lot line
coincides with a
rear lot line
of an adjoining
zoning lot
.
In R1 through R5 Districts, a
rear yard
with a minimum depth of five feet shall be provided where such
rear lot line
coincides with a
side lot line
of an adjoining
zoning lot
.
In R6 through R12 Districts, no
rear yard
shall be required where such
rear lot line
coincides with a
side lot line
of an adjoining
zoning lot
.
For zoning lots with multiple
rear lot lines
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 along such
rear lot line
:
In all districts, where any such
rear lot line
coincides with the
rear lot line
of an adjoining
zoning lot
, a
rear yard
shall be provided in accordance with Section
23-342
(Rear yard requirements).
In R1 through R5 Districts, a
rear yard
with a minimum depth of five feet shall be provided where such
rear lot line
coincides with a
side lot line
of an adjoining
zoning lot
.
In R6 through R12 Districts, no
rear yard
shall be required where such
rear lot line
coincides with a
side lot line
of an adjoining
zoning lot
.
In all districts, 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.
Inner court
regulations are set forth in Section
23-352
and
outer court
regulations are set forth in Section 23-353. Permitted obstructions in such
courts
are set forth in Section 23-351.
These regulations shall not apply to any
single-
or
two-family
detached
residence
.
A corner of a
court
may be cut off between walls of the same
building
, provided that the length of the wall of such cut-off does not exceed seven feet.
The Commissioner of Buildings may approve minor recesses, projections and architectural treatment of the outline of
courts
as long as these variations do not substantially change the depth or width of the
court
.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the obstructions permitted in Section
23-311
(Permitted obstructions in all yards, courts and open areas), as well as the following obstructions, shall be permitted within the minimum area and dimensions needed to satisfy the requirements for a
court
. For the purposes of applying such allowances to
courts
, all percentage calculations shall be applied to the area of the
court
instead of the
yard
:
Fences;
Fire escapes in
outer courts
;
Fire escapes in
outer court recesses
not more than five feet in depth;
Fire escapes in
inner courts
where such fire escapes are required as a result of alterations in
buildings
existing before December 15, 1961;
Fire escapes in
outer court recesses
more than five feet in depth where such fire escapes are required as a result of alterations in
buildings
existing before December 15, 1961;
Energy infrastructure equipment
and
accessory
mechanical equipment, subject to the requirements set forth in paragraph (g) of Section
23-312
(Additional permitted obstructions generally permitted in all yards);
Recreational or drying yard equipment.
In addition, for
courts
at a level higher than the first
story
, decks, skylights, parapet walls, roof thickness, solar energy systems up to four feet high, vegetated roofs, and weirs, as set forth in Section
23-41
(Permitted Obstructions), inclusive, shall be permitted.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the following
inner court
regulations shall apply:
where
legally required windows
face onto an
inner court
, for
buildings
or portions thereof at or below a height of 75 feet, the area of an
inner court
shall not be less than 800 square feet, and the minimum dimension of such
inner court
shall not be less than 20 feet, and above a height of 75 feet, where permitted, the area of an
inner court
shall not be less than 1,200 square feet, and the minimum dimension of such
inner court
shall not be less than 30 feet;
where no
legally required windows
face onto an
inner court
, for
buildings
or portions thereof at or below a height of 75 feet, the area of such small
inner court
shall not be less than 200 square feet and no dimension shall be less than 10 feet, and above a height of 75 feet, where permitted, the area of such small
inner court
shall not be less than 300 square feet and no dimension shall be less than 15 feet; and
the width of an
inner court recess
shall be at least equal to the depth of the
inner court recess
, except that such width need not exceed the minimum dimension for an
inner court
, relative to the height.
For the purposes of this Section, that portion of an open area not part of an
inner court
and over which, when viewed directly from above, lines perpendicular to a
lot line
may be drawn into such
inner court
, shall be considered part of such
inner court
.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the following
outer court
regulations shall apply:
where
legally required windows
face onto an
outer court
, the width of such
outer court
shall be at least equal to the depth of such
outer court
, except that an
outer court
may extend to any depth where the width of the
outer court
is 20 feet or more in
buildings
or portions thereof, at or below a height of 75 feet, or where the width of the
outer court
is 30 feet or more above a height of 75 feet, where permitted;
where no
legally required windows
face onto an
outer court
, for
buildings
or portions thereof at or below a height of 75 feet, the area of such small
outer court
shall not be less than 200 square feet and no dimension shall be less than 10 feet, and above a height of 75 feet, where permitted, the area of such small
outer court
shall not be less than 300 square feet and no dimension shall be less than 15 feet; and
the width of an
outer court recess
shall be at least equal to the depth of the
outer court recess
, except where such width permits any depth for an
outer court
, relative to the height.
For
developments
or
enlargements
of
residences
, the maximum
lot coverage
regulations are set forth in Section
23-361
for R1 through R5 Districts and Section
23-362
for R6 through R12 Districts. Special rules for certain
interior
or
through lots
are set forth in Section 23-363.
R1 R2 R3 R4 R5
For
single-
or
two-family residences
In the districts indicated, for
zoning lots
with
buildings
containing
single-
or
two-family residences
, the maximum
residential
lot coverage
shall be as set forth in the following table.
MAXIMUM RESIDENTIAL LOT COVERAGE FOR SINGLE OR TWO-FAMILY RESIDENCES
Lot type
District
Interior lots
or
through lots
(percent)
Corner lots
(percent)
R1 R2
40
80
R3
50
80
R4 R5
60
80
However, in R2X, R3A and R3X Districts, the maximum
residential
lot coverage
shall be that
lot coverage
remaining after the application of all required
yards
on the
zoning lot
.
For
multiple dwelling residences
In the districts indicated, for
zoning lots
with
buildings
containing
multiple dwelling residences
, where permitted, the maximum
residential
lot coverage
for
interior lots
or
through lots
shall be 80 percent and the maximum
residential
lot coverage
for
corner lots
shall be 100 percent.
However, for
large sites
with
buildings
utilizing the provisions of Section
23-425
(Height and setback modifications for large sites), the maximum
residential
lot coverage
of the entire site shall be 50 percent. Individual
corner lot
,
interior lot
, or
through lot
portions may exceed such overall maximum, provided they do not exceed the respective maximums that would apply to
zoning lots
that are not
large sites
.
R6 R7 R8 R9 R10 R11 R12
For standard lots
In the districts indicated, the maximum
residential
lot coverage
for
interior lots
or
through lots
shall be 80 percent and the maximum
residential
lot coverage
for
corner lots
shall be 100 percent.
For eligible sites
In the districts indicated, for
zoning lots
with
buildings
utilizing the eligible site provisions of Section
23-434
(Height and setback modifications for eligible sites), the maximum
residential
lot coverage
of the entire site shall be:
65 percent on
zoning lots
with a
lot area
of 30,000 square feet or more that are not
large sites
; and
50 percent on
large sites
.
Individual
corner lot
,
interior lot
, or
through lot
portions may exceed such overall maximum, provided they do not exceed the respective maximums that would apply to
zoning lots
that are not utilizing the eligible site provisions.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the maximum
lot coverage
set forth in Section
23-361
(Maximum lot coverage in R1 through R5 Districts) or
23-362
(Maximum lot coverage in R6 through R12 Districts), as applicable, may be increased in accordance with the provisions of this Section.
Shallow
zoning lots
For
zoning lots
eligible for the
rear yard
modifications for shallow
interior lots
set forth in Section
23-342
(Rear yard requirements) or the
rear yard equivalent
modifications for shallow
through lots
set forth in Section
23-343
(Rear yard equivalent requirements), the maximum
lot coverage
of such
zoning lot
, or portion thereof, may be increased by one percent for every five feet the depth of such
zoning lot
, or portion thereof, is less than 95 feet for
interior lots
or 190 feet for
through lots
. Where the
front lot line
or
rear lot line
of a
zoning lot
intersects a
side lot line
at an angle other than 90 degrees, the depth of such
zoning lot
, or portion thereof, shall be measured at the midpoint of such irregularly angled
lot line
.
In no event shall the maximum
lot coverage
of an
interior lot
or
through lot
exceed 90 percent. Shallow portions of a
zoning lot
may exceed such maximum, so long as the adjusted maximum
lot coverage
complies with such maximum.
Within 100 feet of corners
In the districts indicated, for
interior
or
through lots
, or portions thereof, within 100 feet of the point of intersection of two
street lines
intersecting at an angle of 135 degrees or less, the maximum
lot coverage
shall be 100 percent.
Along the short dimension of the block
In the districts indicated, whenever a
front lot line
of an
interior
or
through lot
coincides with the
street line
of the
short dimension of a block
, the maximum
lot coverage
for such
zoning lot
, or portion thereof, shall be 100 percent within 100 feet of such
street line
.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In all districts, as indicated, the minimum distance between the portion of a
building
containing
residences
and any other
building
on the same
zoning lot
shall be as provided in this Section.
For the purpose of this Section,
abutting
buildings
on a single
zoning lot
may be considered a single
building
. However, if two or more portions of a
building
are not connected or not
abutting
at a particular level, such separated portions shall comply with the applicable provisions of this Section. In applying such provisions, the height of such separated portions shall be measured from the roof of the connecting or
abutting
portion of such
building
, as applicable, instead of from the
base plane
.
Exceptions
The provisions of this Section shall not apply to:
buildings
that are separated from each other by a
rear yard equivalent
; or
space between a
single-family
,
two-family
, or three-family
residence
and a garage
accessory
thereto.
For
single-
and
two-family residences
For
buildings
with two or fewer
dwelling units
, the required minimum distance between any such
residences
and any other
building
with two or fewer
dwelling units
on the same
zoning lot
, or a non-
residential
building
on the same
zoning lot
shall vary according to the height of such
buildings
. Such minimum distance shall be measured perpendicular to the
building
wall or window, as applicable. However, for
buildings
with two or fewer
dwelling units
, the required minimum distance between any such
residences
and an
ancillary dwelling unit
on the same
zoning lot
shall be 10 feet.
For
buildings
with two or fewer
dwelling units
, the required minimum distance between any such
residences
and a
building
with three or more
dwelling units
on the same
zoning lot
shall be subject to the provisions of paragraph (c) of this Section.
Maximum
Building
Height above
Base Plane
or
Curb Level
, as Applicable (in feet)
35 or less
Between 35 and 50
Over 50
Minimum distance
15
20
30
For
buildings
that contain three or more
dwelling units
The minimum distance between a
building
containing three or more
dwelling units
and any other
building
on the
zoning lot
shall be applied in accordance with the provisions of this Section. Where two or more portions of a
building
are separated completely from one another at a particular level above grade, such separated portions shall comply with paragraph (c)(1) of this Section. Where there are multiple
buildings
on a single
zoning lot
that do not connect at any level, such
buildings
shall comply with paragraph (c)(2) of this Section.
For separated portions of a
building
The required minimum distance between any separated portion of a
building
containing
dwelling units
shall be as follows:
where
legally required windows
face onto a separated portion of a
building
at or below a height of 75 feet, the minimum dimension between such separated portions shall not be less than 20 feet, and above a height of 75 feet, where permitted, the minimum dimension shall not be less than 30 feet; and
where no
legally required windows
face onto a separated portion of a
building
at or below a height of 75 feet, the minimum dimension between such separated portions shall not be less than 10 feet, and above a height of 75 feet, where permitted, the minimum dimension shall not be less than 15 feet.
Two or more
buildings
on a single
zoning lot
The minimum distance between two or more
buildings
on the same
zoning lot
that are not connected at any level shall be 40 feet, as measured between the closest points of such
buildings
, for portions of
buildings
lower than 125 feet, as measured from the
base plane
or
curb level
, as applicable.
Portions of such
buildings
higher than 125 feet shall be at least 80 feet apart, as measured between the closest points of such
buildings
. However, such minimum distance need not exceed 40 feet if such portions of
buildings
above a height of 125 feet do not exceed, in aggregate, a
lot coverage
of 40 percent or, for lots of less than 20,000 square feet, the percentage set forth in the table below:
AGGREGATED LOT COVERAGE OF PORTIONS OF
BUILDINGS ON A SMALL ZONING LOT
Area of
Zoning Lot
(in square feet)
Maximum Percent
of
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
In addition, the following rules shall apply to:
any portion of a
building
that qualifies as a
building segment
may be treated as a separate
building
for the purposes of determining the minimum distance required between such
building segment
and another
building
or
building segment
;
where
buildings
of different heights face each other, the average of the heights of such
buildings
shall determine the minimum distance required between them;
projections having a maximum height of 25 feet above adjoining grade, a maximum depth of five feet, and an aggregate width not exceeding 25 percent of the
building
wall from which they project, may penetrate the minimum spacing requirements. However, such projections shall not be permitted in open spaces provided pursuant to paragraph (c)(2) of this Section; and
the obstructions permitted in Section
23-311
shall be permitted in such minimum distance.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
The minimum distance between
legally required windows
and walls or
lot lines
shall be as set forth in this Section.
For the purposes of this Section,
abutting
buildings
on the same
zoning lot
shall be considered a single
building
.
Exceptions
This Section shall not apply to
legally required windows
in
buildings
containing
residences
with a maximum height of 35 feet, as measured from
base plane
, and with a maximum of three
dwelling units
.
Basic provisions
The minimum distance between a
legally required window
and:
any wall;
a
rear lot line
, or vertical projection thereof; or
a
side lot line
, or vertical projection thereof;
shall be 20 feet, measured in a horizontal plane at the sill level of, and perpendicular to, such window for the full width of the rough window opening.
The obstructions permitted for any
yard
set forth in Section
23-311
shall be permitted in such minimum distance.
For shallow lots
For
interior lots
, where the depth is less than 95 feet deep at any point, the minimum distance between a
legally required window
and a
rear lot line
, or vertical projection thereof, may be modified to equal the
rear yard
depth required for shallow lots pursuant to the provisions of Section
23-342
(Rear yard requirements). However, in no event shall such minimum distance between a
legally required window
and a
rear lot line
, or vertical projection thereof, be less than 10 feet.
Special provisions for R3 through R5 Districts
In R3, R4 and R5 Districts, the minimum dimension between a
legally required window
and a
side lot line
shall be 15 feet. Such 15-foot dimension shall be measured in a horizontal plane perpendicular to the
side lot line
or vertical projection thereof. Furthermore, such area with a 15-foot dimension shall be open from its lowest level to the sky for the entire length of the
side lot line
. Only
accessory
mechanical equipment limited in depth to 18 inches from an exterior wall, chimneys, downspouts, eaves,
qualifying exterior wall thickness
, gutters, open
accessory
off-street parking spaces, ramps for access by people with disabilities, and steps shall be permitted obstructions in such open area, subject to the conditions set forth in Sections
23-311
or
23-312
, provided that such obstructions, not including
qualifying exterior wall thickness
and
accessory
mechanical equipment, will not reduce the minimum width of the open area by more than three feet.
In all districts, for
buildings
containing
multiple dwelling residences
on
zoning lots
that adjoin a
public park
, the minimum distance between a
legally required window
and a
lot line
need not apply to portions of
buildings
facing such
public park
where the Commissioner of the Department of Parks and Recreation determines that the
public park
will provide sufficient access to light and air for such
building’s
legally required windows
. Where the Commissioner makes such determination, the
public park
shall be considered a
street
for the purposes of applying other applicable laws or statutes to such
legally required window
.
Height and setback regulations are set forth in Section
23-42
, inclusive, for R1 through R5 Districts and Section
23-43
, inclusive, for R6 through R12 Districts. Special rules governing certain areas are set forth in Section
23-44
. Permitted obstructions to maximum heights are set forth in Section
23-41
.
For
zoning lots
with
buildings
containing multiple
uses
or multiple
buildings
with different
uses
, inclusive of
residences
, subject to different height and setback regulations for the applicable district, the applicable height and setback regulations shall be whichever regulations permit the tallest overall heights.
In all
Residence Districts
, the obstructions set forth in this Section, inclusive, shall be permitted to penetrate a maximum height limit set forth in Sections
23-42
(Height and Setback Requirements in R1 Through R5 Districts),
23-43
(Height and Setback Requirements for R6 Through R12 Districts) or
23-44
(Special Provisions for Certain Areas).
In all
Residence Districts
, the following obstructions shall be permitted to penetrate a maximum height limit or
sky exposure plane
. These allowances are generally common to
Residence
,
Commercial
and
Manufacturing Districts
.
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:
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;
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
may rise above the permitted
building
height, up to the height of a parapet wall or railing permitted in accordance with 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;
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 the applicable height and setback regulations;
Chimneys or flues, with a total width not exceeding 10 percent of the
aggregate width of street walls
of a
building
at any level;
Decks, and other surfaces for recreational activities, not more than 3 feet, 6 inches in height, as measured from the maximum height limit;
Flagpoles or aerials;
Parapets, railings, or safety guards, whether applied singly, or in combination, provided that:
parapets shall not exceed four feet in height;
railings shall not exceed 4 feet, 6 inches in height, and shall be at least 50 percent open for the portion that exceeds four feet in height; and
safety guards shall not exceed 10 feet in height and shall be at least 90 percent transparent for the portion that exceeds four feet in height;
Qualifying exterior wall thickness
;
Roof thickness, up to 12 inches, to accommodate the addition of insulation, for
buildings
or portions of
buildings
constructed prior to December 5, 2024. For a
building
that has added roof thickness pursuant to this paragraph, the height of any other permitted obstruction may be measured from the finished level of the roof instead of the maximum height limit or
sky exposure plane
;
Skylights, clerestories or other daylighting devices, not more than four feet in height, as measured from the maximum height limit. 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;
Solar energy systems,
accessory
or as part of an
energy infrastructure equipment
:
on the roof, or any portion thereof, of a
building
, with a slope less than 20 degrees: up to a height of 15 feet, or, when located on a bulkhead or other obstruction of this Section, a height of six feet; or
on the roof, or any portion thereof, of a
building
, which has a slope of more than 20 degrees: up to a height of 60 inches in height, as measured perpendicular to the roof surface;
Vegetated roofs, not more than 3 feet, 6 inches in height, excluding vegetation, as measured from the maximum height limit. 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;
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;
Window washing equipment mounted on a roof;
Wire, chain link or other transparent fences.
In all
Residence Districts
, the obstructions set forth in Section
23-411
(General permitted obstructions), as well as the following obstructions, shall be permitted to penetrate a maximum height limit or
sky exposure plane
:
Balconies, unenclosed, subject to the provisions of Section
23-62
(Balconies);
Dormers having an
aggregate width of street walls
equal to not more than 50 percent of the width of the
street wall
of a
detached
or
semi-detached
single-
or
two-family residence
;
Elevator or stair bulkheads (including shafts and vestibules), roof water tanks,
energy infrastructure equipment
, and
accessory
mechanical equipment (including enclosures or other screening), other than solar or wind energy systems (whether
accessory
or as part of
energy infrastructure equipment
), provided that:
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, does not exceed 30 percent of the
street wall
width of the
building
facing such frontage;
the aggregate area of such obstructions, including any screening, does not exceed 50 percent of the
lot coverage
of the
building
and the height of such obstructions shall not exceed 15 feet above the maximum permitted height, except where otherwise permitted by paragraph (c)(3) of this Section;
the aggregate area of such obstructions, including any screening, does not exceed 30 percent of the
lot coverage
of the
building
, and the height of such obstructions shall not exceed:
R1 through R5 Districts, for
buildings
on
qualifying residential sites
, or in R3-2, R4, and R5 Districts, except R4-1, R4A, R4B and R5A Districts, for any
building
, a height of 25 feet above the maximum permitted height;
in R6 through R12 Districts:
where the maximum permitted height of a
building
is 120 feet or lower, a height of 35 feet above the maximum permitted height; and
where the maximum permitted height of a
building
is greater than 120 feet, a height of 55 feet above the maximum permitted height; and
all equipment shall be subject to the applicable provisions of Section
26-50
(SPECIAL SCREENING AND ENCLOSURE PROVISIONS);
Wind energy systems,
accessory
or as part of an
energy infrastructure equipment
, on portions of
buildings
with a height of 100 feet or greater, provided:
the highest point of the wind turbine assembly does not exceed 55 feet;
no portion of the wind turbine assembly is closer than 10 feet to any
lot line
; and
the diameter of the swept area of the rotor does not exceed 15 feet.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, for those
buildings
that are subject to Section
23-421
(Basic pitched-roof envelopes for certain districts), permitted obstructions are limited to chimneys, dormers,
qualifying exterior wall thickness
, flagpoles or aerials, parapet walls, roof thickness, skylights, solar energy systems and vegetated roofs pursuant to Section
23-411
(General permitted obstructions).
In the districts indicated, for
buildings
other than those subject to the provisions set forth in Section
23-421
, for those
buildings
subject to any height and setback regulations, the following rules shall apply within a required front setback distance above a maximum base height:
Dormers shall be allowed as a permitted obstruction, provided that on any
street
frontage, either one of the following methods is applied:
the aggregate width of all dormers at the maximum base height does not exceed 60 percent of the width of the
street wall
of the highest
story
entirely below the maximum base height. For each foot above the maximum base height, the aggregate width of all dormers shall be decreased by one percent of the
street wall
width of the highest
story
entirely below the maximum base height; or
the aggregate width of all dormers at the maximum base height does not exceed 40 percent of the width of the
street wall
of the highest
story
entirely below the maximum base height. Such dormers need not decrease in width as the height above the maximum base height increases.
Where towers allowances are utilized pursuant to the provisions of Section
23-435
, dormers may only rise to a height equivalent to 75 percent of the height of the tower portion. Such dormer shall be included in the calculation of tower coverage.
Solar energy systems on a roof shall be limited to four feet or less in height, as measured from the maximum height limit, or the finished level of the roof, whichever is higher. However, on a roof with a slope greater than 20 degrees, such systems shall be limited to 18 inches in height as measured perpendicular to the roof surface.
Wind energy systems shall not be allowed as permitted obstructions.
Window washing equipment shall not be allowed as permitted obstructions.
R1 R2 R3 R4 R5
In the districts indicated, the height and setback regulations of a
building or other structure
shall be as set forth in Section
23-421
(Basic pitched-roof envelopes for certain districts) and
23-422
(Basic flat-roof envelopes for certain districts). Where applicable, standard setback provisions are set forth in Section 23-423.
Such heights may be increased on
qualifying residential sites
or on
zoning lots
containing
qualifying senior housing
, or for certain
large sites
, pursuant to Sections
23-424
or
23-425
, respectively.
Additional provisions are set forth in Section
23-426
and Section
23-44
, inclusive.
The height of all
buildings or other structures
shall be measured from the
base plane
. For the purposes of this Section, where
base planes
of different elevations apply to different portions of a
building or other structure
, each such portion of the
building
may be considered to be a separate
building
. Furthermore, for the purposes of this Section,
building segments
may be considered to be separate
buildings
and
abutting
semi-detached
buildings
may be considered to be one
building
.
R1 R2 R3A R3X R3-1 R3-2 R4 R4-1 R4A R5A
In the districts indicated, the height and setback regulations for
single-
or
two-family
detached
,
semi-detached
, or
zero lot line
buildings or other structures
, where permitted, shall be set forth in this Section.
The perimeter walls of a
building or other structure
are those portions of the outermost walls enclosing the
floor area
within a
building or other structure
at any level and height is measured from the
base plane
. Perimeter walls are subject to setback regulations at a maximum height above the
base plane
of 25 feet.
Above these heights, sloping planes control the maximum height of the
building or other structure
requiring either a setback or a pitched roof. These planes start at the maximum permitted height of the perimeter walls and meet at a ridge line of 35 feet above the
base plane
. The exact locations of these planes are flexible and are determined in the following steps set forth in paragraphs (a) through (g):
At a height of 35 feet above and parallel to the
base plane
, a plane is projected above the area enclosed by and including the perimeter walls of the
building or other structure
. A second plane (the perimeter wall plane) is projected in the same manner at a height of 25 feet above the
base plane
. (See Figure A)
Each perimeter wall of the
building or other structure
with a horizontal dimension of eight feet or more which projects from an adjacent perimeter wall at least 18 inches may have an apex point directly above it on the 35-foot-high plane. (See Figure B). The location of the apex point is flexible provided it is directly above its perimeter wall and provided a line drawn from the intersection of two perimeter walls to such an apex point does not exceed 80 degrees to the horizontal. An apex point is not required for each qualifying perimeter wall; however, the maximum number of apex points above each such wall is one.
One “ridge line” is extended in a straight line from each apex point along the 35-foot-high plane. Ridge lines which connect two apex points may cross other ridge lines. Otherwise, ridge lines which extend from only one apex point must terminate at a point of intersection with another ridge line. (See Figure C)
Sloping planes are extended in a straight line outward and downward from each ridge line until they intersect the perimeter wall plane. Every sloping plane generated must intersect the perimeter wall plane for the full width of the ridge line from which it extends. (See Figure D). The maximum angle of pitch for any sloping plane may not exceed 80 degrees to the horizontal. Sloping planes extended from ridge lines perpendicular or within 45 degrees of being perpendicular to each other may intersect, in which case the higher plane defines the limit of the envelope. Sloping planes extended from ridge lines parallel or within 45 degrees of being parallel to each other must intersect the perimeter wall plane without intersecting each other.
The perimeter walls are then extended vertically beyond the perimeter wall plane, up to the heights defined by the sloping planes generated in paragraph (d). (See Figure E). The perimeter walls of the
building or other structure
, the sloping planes and the perimeter wall extensions define the
building
envelope. (See Figure F).
Special Situations
For convex curved perimeter walls, the
building or other structure
must be within a plane curve tapering uniformly to a vertex located at a height of 35 feet. For concave curved perimeter walls, the
building or other structure
must lie within a plane curve extending from the maximum perimeter wall height to a ridge line parallel to the prolongation of the perimeter wall at the 35-foot level. Such plane curves may not exceed a pitch of 80 degrees in relation to a plane drawn parallel to the
base plane
at the maximum height of the permitted perimeter wall. (See Figure G).
In R1 and R2 Districts without a letter suffix, for
zoning lots
that either:
have a
lot area
of at least 9,500 square feet and
lot width
of at least 100 feet; or
have a slope, as measured from the
street wall line level
to the
rear wall line level
, of at least five percent to the horizontal;
the reference plane for applying the regulations of this Section may be located up to five feet above the
base plane
.
R3-2 R4 R4B R5 R5B R5D
In the districts indicated, the height and setback regulations for
buildings or other structures
shall be set forth in this Section.
R3-2 R4
In the districts indicated, for
residences
not subject to the provisions of Section
23-421
, the maximum
building
height shall be 35 feet.
R4B
In the district indicated, the maximum
building
height shall be 25 feet.
R5B
In the district indicated, the maximum
building
height shall be 35 feet.
R5
In the district indicated, except R5 Districts with a letter suffix, the maximum base height shall be 35 feet, and the maximum
building
height shall be 45 feet. At a height not higher than the maximum base height, a setback shall be provided in accordance with Section 23-423.
R5D
In the district indicated, the maximum
building
height shall be 45 feet.
Where minimum setback regulations are specific for a particular
building
envelope for a particular district, the following shall apply.
At a height not higher than the maximum base height specified for the applicable district, a setback with a depth of at least 10 feet shall be provided from any
street wall
fronting on a
wide street
, and a setback with a depth of at least 15 feet shall be provided from any
street wall
fronting on a
narrow street
. Such minimum setbacks may be modified as follows:
The depth of such required setback may be reduced by one foot for every foot that the
street wall
is located beyond the minimum required
front yard
, but in no event shall a setback of less than seven feet in depth be provided, except as otherwise set forth in this Section. To allow
street wall
articulation, where a
street wall
is divided into different segments and located at varying depths from the
street line
, such permitted setback reduction may be applied to each
street wall
portion separately.
The depth of such setbacks may include the depth of recesses or
outer courts
in the
street wall
of the
building
base, provided that the aggregate width of any such recessed portion of a
street wall
with a setback less than seven feet, as applicable, does not exceed 30 percent of the
aggregate width of street wall
at any level.
These setback provisions are optional for any
building
wall that either is located beyond 50 feet of a
street line
, or oriented so that lines drawn perpendicular to it, in plan, would intersect a
street line
at an angle of 65 degrees or less. In the case of an irregular
street line
, the line connecting the most extreme points of intersection shall be deemed to be the
street line
.
Dormers provided in accordance with the provisions of Section
23-413
(Permitted obstructions in certain districts) may penetrate a required setback area.
R1 R2 R3 R4 R5
In the districts indicated, for
qualifying residential sites
, the height and setback modifications set forth in this Section shall apply.
The maximum base height and maximum
building
height shall be as set forth in the following table. At a height not higher than the maximum base height, a setback shall be provided in accordance with Section 23-423.
MAXIMUM BASE HEIGHT AND MAXIMUM
BUILDING
HEIGHTS FOR
QUALIFYING RESIDENTIAL SITES
AND
QUALIFYING SENIOR HOUSING
District
Maximum Base Height (in feet)
Maximum Height of
Buildings or other Structures
(in feet)
R1-1 R1-2 R1-2A R2 R2A R2X R3-1 R3-2 R3A R3X
35
35
R4 R4-1 R4A R4B
35
45
R5 R5A R5B R5D
45
55
R1 R2 R3 R4 R5
In the districts indicated, for
zoning lots
that meet the criteria of paragraph (a) of this Section, the height and setback modifications set forth in paragraph (b) shall apply.
Eligible sites
The provisions of this Section shall apply to
large sites
that are
qualifying residential sites
or
zoning lots
located in R3-2, R4, R5, R5B or R5D Districts.
However, for
large sites
with existing
buildings
, eligible portions of the
zoning lot
for
developments
or
enlargements
:
shall not include open space with amenities used for recreational purposes, such as play equipment, court game facilities, ball fields or fixed tables and chairs, unless such space is replaced in kind and size on the same
zoning lot
; and
shall be located, partially or entirely, within 100 feet of a
street line
.
Modified height and setback provisions
For eligible
zoning lots
, the maximum base height and maximum
building
heights set forth in Section
23-424
shall apply. However, where either the height at roof level of an existing
building
, or ornamental features in an existing non-
residential
building or other structure
, meet or exceed the maximum heights set forth in such table, the maximum heights may be increased by 10 feet, or the height of such roof level or ornamental feature, whichever is lower.
R1 R2 R3 R4 R5
In the districts indicated, the following additional regulations shall apply:
For any
zoning lot
located in a Historic District designated by the Landmarks Preservation Commission, any applicable maximum height regulations of Section
23-42
, inclusive, or as modified in any applicable Special District, may be modified as follows: the maximum base height may vary between the maximum set forth in Sections
23-422
,
23-424
, and
23-425
, and the height of an adjacent
building
before setback, if such height is higher than the maximum base height.
For
buildings
containing
multiple dwelling residences
with
street wall
widths exceeding 150 feet, as measured parallel to the
street line
, a minimum of 20 percent of the entire surface area of each
street wall
shall either recess or project a minimum of three feet from the
street wall
. The depth of required recesses or projections of a
building
shall be measured from the
street wall
.
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the
street wall
location of a
building
shall be as set forth in Section
23-431
, the height and setback regulations of a
building or other structure
shall be as set forth in Section
23-432
, and standard setback provisions shall be as set forth in Section 23-433.
The maximum heights set forth in Section
23-432
may be modified for
zoning lots
meeting certain criteria, in accordance with Section
23-434
, or where towers are permitted in accordance with Section 23-435. Additional height and setback provisions are set forth in Section
23-436
and Section
23-44
, inclusive.
The height of all
buildings or other structures
shall be measured from the
base plane
. For the purposes of this Section, where
base planes
of different elevations apply to different portions of a
building or other structure
, each such portion of the
building
may be considered to be a separate
building
.
Lot coverages
for towers, including maximums and minimums, where applicable, shall be applied at every level.
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the applicable
street wall
location provisions of this Section shall apply. Such provisions shall apply to the portion of a
street wall
located below the maximum base height and before the required setback as set forth in Section
23-432
(Height and setback requirements).
Line-up rules
In R6B, R7B, and R8B Districts, the
street wall
of a
building
shall be located no closer to the
street line
than the closest
street wall
, or portion thereof, nor further from the
street line
than the furthest
street wall
, or portion thereof, of an existing adjacent
building
on the same or an adjoining
zoning lot
located on the same
street
frontage. Eligible adjacent
buildings
shall be located within 15 feet of the
street line
, within 25 feet of the subject
building
, and have a height that exceeds 35 feet. Where an existing adjacent
building
has multiple
street walls
located at varying depths from the
street line
, the subject
street wall
shall not be located closer to the
street line
than the furthest portion of such existing adjacent
street wall
that is at least five feet in width and extends to at least half the height of the
building
.
However, where, the
street wall
surrounding the subject
building
do not have a
prevailing street wall frontage
, the applicable
street wall
regulations of paragraph (b) may be applied.
Percentage-based rules
For all
buildings
that are not subject to the provisions of paragraph (a), the following shall apply:
Along
wide streets
, at least 70 percent of the
aggregate width of street walls
shall be located within eight feet of the
street line
and extend to at least the minimum base height specified in Section
23-432
, 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
.
Along
narrow streets
, at least 70 percent of the
aggregate width of street wall
shall be located within 10 feet of the
street line
and extend to at least the minimum base height specified in Section
23-432
, or the height of the
building
, whichever is less. Up to 30 percent of the
aggregate width of street walls
may be recessed beyond 10 feet of the
street line
, provided that any such recesses deeper than 15 feet are located within an
outer court
.
However, where the
street walls
surrounding the subject
building
are located on a
block
with a
prevailing street wall frontage
that is located further from the
street line
than the applicable provisions of this paragraph, the line-up provisions of paragraph (a) of this Section may be applied.
Modifications for large zoning lots
Notwithstanding the provisions of paragraph (a) or (b) of this Section, for
zoning lots
with a
lot area
of at least 40,000 square feet or for
zoning lots
that occupy an entire
block
, at least 50 percent of the
aggregate width of street walls
shall be located within 15 feet of the
street line
and extend to at least the minimum base height specified in Section
23-432
, or the height of the
building
, whichever is less.
Articulation allowances
In all districts, and along all frontages,
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) or (c) 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 to 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.
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the minimum base height, maximum base height, and maximum
building
height shall be as set forth in the following table. Separate maximum base heights and maximum
building
heights are set forth for
zoning lots
containing standard
residences
and
zoning lots
containing
qualifying affordable housing
or
qualifying senior housing
.
For portions of a
building
street wall
that exceed the maximum base height, a setback shall be provided at a height not lower than the minimum base height or higher than the maximum base height in accordance with Section 23-433.
MINIMUM BASE HEIGHT, MAXIMUM BASE HEIGHT,
AND MAXIMUM BUILDING HEIGHTS
District
Minimum base height (in feet)
Standard
residences
Qualifying affordable housing
or
qualifying senior housing
Maximum base height (in feet)
Maximum height of
buildings or other structures
(in feet)
Maximum base height (in feet)
Maximum height of
buildings or other structures
(in feet)
R6A R6
1
R6-1
40
65
75
65
95
R6
2
30
45
55
65
85
R6B
30
45
55
45
65
R6D R6-2
30
45
65
55
75
R7A R7
-1
1
R7
-2
1
40
75
85
85
115
R7
-1
2
R7
-2
2
40
65
75
85
105
R7B
40
65
75
65
95
R7D
60
85
105
95
125
R7X R7-3
60
95
125
105
145
R8A
60
95
125
105
145
R8B
55
65
75
85
95
R8X
60
95
155
105
175
R8
2
60
85
115
105
145
R8
1
60
95
135
105
145
R8
3
60
95
135
125
175
R9A
1
R9
1
60
105
145
135
185
R9A
2
R9
2
60
95
135
135
185
R9D R9-1
60
125
175
155
215
R9X
1
105
125
175
155
215
R9X
2
60
125
165
155
215
R10X
1
R10
1
60
155
215
155
235
R10A
1
125
155
215
155
235
R10A
2
R10X
2
R10
2
60
125
185
155
235
R11A
1
125
155
255
155
325
R11A
2
R11
60
155
255
155
325
R12
60
155
325
155
395
1
For
zoning lots
or portions thereof within 100 feet of a
wide street
2
For
zoning lots
or portions thereof on a
narrow street
beyond 100 feet of a
wide street
or, for
zoning lots
with only
wide street
frontage, portions of such
zoning lot
beyond 100 feet of the
street line
3
Outside of
Mandatory Inclusionary Housing areas
, for
zoning lots
, or portions thereof, located within 100 feet of a
wide street
, containing
UAP developments
or
qualifying senior housing
R6 R7 R8 R9 R10 R11 R12
At a height not lower than the minimum base height or higher than the maximum base height specified for the applicable district, a setback with a depth of at least 10 feet shall be provided from any
street wall
fronting on a
wide street
, and a setback with a depth of at least 15 feet shall be provided from any
street wall
fronting on a
narrow street
. Such minimum setbacks may be modified as follows:
The depth of such required setback may be reduced by one foot for every foot that the
street wall
is located beyond the
street line
, but in no event shall a setback of less than seven feet in depth be provided, except as otherwise set forth in this Section. To allow
street wall
articulation, where a
street wall
is divided into different segments and located at varying depths from the
street line
, such permitted setback reduction may be applied to each
street wall
portion separately.
The depth of such setbacks may include the depth of recesses or
outer courts
in the
street wall
of the
building
base, provided that the aggregate width of any such recessed portion of a
street wall
with a setback less than seven feet, as applicable, does not exceed 30 percent of the
aggregate width of street wall
at any level.
These setback provisions are optional for any
building
wall that either is located beyond 50 feet of a
street line
, or oriented so that lines drawn perpendicular to it, in plan, would intersect a
street line
at an angle of 65 degrees or less. In the case of an irregular
street line
, the line connecting the most extreme points of intersection shall be deemed to be the
street line
.
Dormers provided in accordance with the provisions of Section
23-413
(Permitted obstructions in certain districts) may penetrate a required setback area.
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, without a letter suffix, for
zoning lots
that meet the criteria of paragraph (a) of this Section, the height and setback modifications set forth in paragraph (b) may be applied.
The eligible site provisions of this Section may be applied to either a single
zoning lot
that meets the criteria of paragraph (a) or two or more
zoning lots
under single fee ownership or alternate ownership arrangements that are contiguous or would be contiguous but for their separation by a
street
, where the combined
lot area
exceeds 40,000 square feet, and where at least one individual
zoning lot
meets the criteria of paragraph (a).
Eligible sites
The provisions of this Section shall apply to
zoning lots
that meet at least one of the following criteria:
zoning lots
with a
transportation-infrastructure-adjacent frontage
;
zoning lots
where one of the following irregularities exists on December 5, 2024, and the date of application for a building permit:
an
interior lot
, or portions thereof, has a depth that is less than 85 feet, or a
through lot
, or portion thereof, has a depth that is less than 170 feet;
an
interior lot
, or portions thereof, has a depth that is greater than or equal to 115 feet, or a
through lot
, or portion thereof, has a depth that is greater than or equal to 230 feet;
corner lots
or other
zoning lots
with multiple
front lot lines
where the angle between two
front lot lines
is more than 15 degrees from being perpendicular;
through lots
or other
zoning lots
with multiple
front lot lines
where the angle between two
front lot lines
is more than 15 degrees from being parallel;
zoning lots
where, over the depth of the lot, as measured perpendicular from the
front lot line
, there is a slope of at least 15 percent to the horizontal; or
zoning lots
that have a
lot area
of at least 20,000 square feet or occupy an entire
block
.
In addition, for
zoning lots
with a
lot area
of 30,000 square feet or more with existing
buildings
, the following restrictions shall apply. The area of the
zoning lot
used for
developments
or
enlargements
under the provisions of this Section:
shall not include any portion of open space with amenities used for recreational purposes, such as play equipment, court game facilities, ball fields or fixed tables and chairs, unless such space is replaced in kind and size on the same
zoning lot
; and
shall be located, partially or entirely, within 100 feet of a
street line
.
Modified height and setback provisions
For eligible
zoning lots
, the maximum permitted
building
height may be modified by the heights in the table below. However, for
zoning lots
with a
lot area
of at least 40,000 square feet, whether singly or in combination, where either the height at roof level of an existing
building
, or ornamental features in an existing non-residential
building or other structure
, meet or exceed the maximum heights set forth in such table, the maximum heights may be increased by 25 percent, or the height of such roof level or ornamental feature, whichever is lower.
MAXIMUM BUILDING HEIGHT FOR ELIGIBLE SITES
District
Maximum height of
buildings or other structures
(in feet)
R6-2
95
R6 R6-1
125
R7-1 R7-2
155
R7-3
185
R8
215
R8
1
255
R9
285
R9-1
315
R10
355
R11
405
R12
495
1
for
UAP developments
or
qualifying senior housing
on
zoning lots
, or portions thereof, within 100 feet of a
wide street
In R9 through R12 Districts, other than R9A, R9X, R10A or R11A Districts, as an alternative to the maximum
building
heights set forth in Section
23-432
, towers are permitted pursuant to the provisions of this Section.
Above the maximum base height specified for the particular district, a tower with a maximum
lot coverage
of:
65 percent shall be permitted up to a height of 300 feet; and
50 percent shall be permitted above a height of 300 feet.
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the following additional regulations shall apply:
Existing buildings may be vertically
enlarged
by up to one story or 15 feet without regard to the
street wall
location requirements of Section
23-431
.
On
through lots
which extend less than 190 feet in maximum depth from
street
to
street
, the
street wall
location requirements of Section
23-431
shall be mandatory along only one
street
frontage.
On
corner lots
, or portions thereof, the
street wall
location requirements of Section
23-431
shall be mandatory along only one
street
frontage. Where one of the
street
frontages bounding the
corner lot
is a
wide street
and the other a
narrow street
, the
street wall
location rules shall be applied along the
wide street
frontage;
The
street wall
location and minimum base height provisions of Sections
23-431
and
23-432
, respectively, shall not apply along any street frontage of a
zoning lot
occupied by buildings whose
street wall
heights or widths will remain unaltered.
The minimum base height provisions of Section
23-432
shall not apply to
buildings
, or portions thereof, that are
developed
or
enlarged
and do not exceed such minimum base heights.
For any zoning lot located in a Historic District designated by the Landmarks Preservation Commission, the
street wall
location and minimum or maximum base height regulations of Section
23-43
, inclusive, or as modified in any applicable Special District, may be modified as follows:
The minimum base height of a
street wall
may vary between the applicable minimum set forth in Section
23-432
, and the height of the
street wall
of an adjacent
building
before setback, if such height is lower than the minimum base height; and
The maximum base height of a
street wall
may vary between the applicable maximum set forth in Section
23-432
, inclusive, and the height of the
street wall
of adjacent
building
before setback, if such height is higher than the maximum base height.
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 applying the provisions of Section
23-431
, but such widening may be included in the setback reductions permitted pursuant to paragraph (a) of Section 23-433.
The tower provisions of Section
23-435
shall be modified in certain areas, as follows:
In R9D and R10X Districts, the minimum
lot coverage
of a tower above the maximum base height shall be 33 percent of the
lot area
of the
zoning lot
. However, any
story
located within the highest 15 percent of the tower may cover less than 33 percent of the
lot area
of a
zoning lot
provided that the gross area of any such
story
does not exceed 90 percent of the gross area of that
story
located directly below the highest 15 percent of the tower.
In R9 or R10 districts without a letter suffix, the following tower-on-a-base provisions shall apply to
buildings
where:
more than 25 percent of the
floor area
is
residential
; and
such
building
is located on a
zoning lot
that fronts upon a
wide street
and is either within 125 feet from such
wide street
frontage along the
short dimension of a block
or within 100 feet from such
wide street
frontage along the long dimension of the
block
.
The minimum
lot coverage
of a tower above the maximum base height shall be 30 percent of the
lot area
of the
zoning lot
. However, any
story
located within the highest 15 percent of the tower may cover less than 30 percent of the
lot area
of a
zoning lot
provided that the gross area of any such
story
does not exceed 90 percent of the gross area of that
story
located directly below the highest 15 percent of the tower.
At least 55 percent of the total
floor area
permitted on the
zoning lot
shall be located in
stories
located either partially or entirely below a height of 150 feet. When the
lot coverage
of the tower portion is less than 40 percent, the required 55 percent of the total
floor area
distribution, within a height of 150 feet, shall be increased in accordance with the following requirement:
Percent of
lot coverage
of the tower portion
Minimum percent of total
building
floor area
distribution below the level of 150 feet
40.0 or greater
55.0
39.0 to 39.9
55.5
38.0 to 38.9
56.0
37.0 to 37.9
56.5
36.0 to 36.9
57.0
35.0 to 35.9
57.5
34.0 to 34.9
58.0
33.0 to 33.9
58.5
32.0 to 32.9
59.0
31.0 to 31.9
59.5
30.0 to 30.9
60.0
For the purposes of determining the permitted tower coverage and the required minimum distance between
buildings
or portions thereof, that portion of a
zoning lot
located within 125 feet from the
wide street
frontage along the short dimension of a
block
shall be treated as if it were a separate
zoning lot
.
No tower or portion thereof shall be located on a
narrow street
at a distance that is more than 100 feet from the intersection with a
wide street
.
No towers shall be permitted on any
building
located wholly or partly in a
Residence District
, that is within 100 feet of a
public park
with an area of one acre or more, or a
street line
opposite such a
public park
.
Borough of Manhattan
Community District 9
In R8 Districts without a letter suffix in the portion of Community District 9 in the Borough of Manhattan located north of West 125th Street, the underlying height and setback regulations for the zoning district shall apply, except that the additional height allowances for eligible sites set forth in Section
23-434
shall not apply.
Community District 6
In Community District 6 in the Borough of Manhattan, in R10 Districts located east of First Avenue and north of East 51st Street, for
buildings
where more than 25 percent of the
floor area
is
residential
but are not otherwise subject to the tower-on-a-base provisions of paragraph (b) of this Section, the following shall apply.
The minimum
lot coverage
of a tower above the maximum base height shall be 30 percent of the
lot area
of the
zoning lot
. However, any
story
located within the highest 15 percent of the tower may cover less than 30 percent of the
lot area
of a
zoning lot
if the gross area of any such
story
does not exceed 90 percent of the gross area of that
story
directly below the highest 15 percent of the tower.
At least 45 percent of the total
floor area
permitted on the
zoning lot
shall be located in
stories
located either partially or entirely below a height of 150 feet. In addition, when the
lot coverage
of the tower is less than 40 percent, the required 45 percent of the total
floor area
distribution, within a height of 150 feet, shall be increased in accordance with the following requirement:
Percent of
lot coverage
of the tower portion
Minimum percent of total
building
floor area
distribution below the level of 150 feet
40.0 or greater
45.0
39.0 to 39.9
45.5
38.0 to 38.9
46.0
37.0 to 37.9
46.5
36.0 to 36.9
47.0
35.0 to 35.9
47.5
34.0 to 34.9
48.0
33.0 to 33.9
48.5
32.0 to 32.9
49.0
31.0 to 31.9
49.5
30.0 to 30.9
50.0
Borough of Brooklyn
Street wall modifications in Community Districts 8 and 9
For the purposes of applying the
street wall
location as well as the height and setback provisions of Sections
23-431
and
23-432
, 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.
Height and setback modifications in Community District 9
For
zoning lots
in
Mandatory Inclusionary Housing areas
within the portion of Community District 9 in the Borough of Brooklyn, on the
block
bounded by Montgomery Street, Washington Avenue, Sullivan Place, and Franklin Avenue, the following height and setback modifications shall apply. The maximum height of a
building or other structure
shall not exceed an imaginary plane that:
begins at an elevation of 90 feet above the level of the
base plane
, beginning at the point along the center line of Sullivan Place, distant 120 feet, 4 inches east of the center line of Washington Avenue and parallel to Sullivan Place, and extending to Montgomery Street at an angle of 83 degrees, 17 minutes, 38 seconds; and
extends upwards at a slope equivalent of 10 percent to the horizontal, in an easterly direction, as measured perpendicular to the line established by paragraph (b)(2)(i) of this Section.
Obstructions permitted pursuant to Section
23-411
may penetrate such imaginary plane provided that they are at least 90 percent transparent. In addition, obstructions specified in Section
23-412
(c) located within 85 feet of Franklin Avenue may penetrate such imaginary plane up to 12 feet if there is a minimum of 30 feet between such obstructions and the obstruction is no longer than 60 feet in length along the frontage of Franklin Avenue.
Special provisions for
zoning lots
adjoining
public parks
In all districts, where a
building
adjoining a
public park
utilizes the provisions of Section
23-381
, such
public park
shall be considered a
wide street
for the purpose of applying the regulations set forth in Sections
23-42
and
23-43
to any
building or other structure
on a
zoning lot
adjoining such
public park
.
Special provisions for
zoning lots
with
transportation-infrastructure-adjacent frontage
For
zoning lots
or portions thereof within 100 feet of a
street line
along a
transportation-infrastructure-adjacent frontage
, the following shall apply:
the applicable
street wall
location provisions of Section
23-431
and the minimum base height provisions of Section
23-432
need not apply; and
for
buildings
containing
multiple dwelling residences
that are not otherwise eligible for additional height pursuant to Section
23-434
, the applicable maximum
building
heights may be increased by 10 feet in R1 through R6 Districts, and by 20 feet in R7 through R12 Districts.
Limited Height Districts
In the
Limited Height Districts
, the underlying height and setback regulations for the zoning district shall apply, except that:
the additional height allowances for eligible sites set forth in Section
23-434
shall not apply; and
for
zoning lots
that do not contain
qualifying affordable housing
or
qualifying senior housing
, the maximum height of
buildings or other structures
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-lA
60 feet
LH-2
70 feet
LH-3
100 feet
Special provisions along certain district boundaries
Where a
lot line
of a
zoning lot
located in an R6 through R12 District coincides with the district boundary of an R1 through R5 District, the height of a
building
within a ‘transition area’ measured parallel to the district boundary, shall not exceed the heights set forth in the table, depending on the zoning district adjacency, the adjacent
zoning lot
condition, and the width of the
zoning lot
.
TRANSITION AREA DIMENSION AND MAXIMUM HEIGHT
Maximum permitted height within transition area
(in feet, above
base plane
)
Adjacent zoning district and
zoning lot
condition
For
zoning lots
with a
lot width
less than or equal to 30 feet
For
zoning lots
with a
lot width
greater than 30 feet
Within a distance equal to one-third of the
lot width
of the district boundary
Within 15 feet of the district boundary
Beyond 15 feet and within 25 feet of the district boundary
R1 R2 R3
Non-
qualifying residential sites
45*
45*
65
Qualifying residential sites
65
65
85
R4 R5
Non-
qualifying residential sites
65
65
85
Qualifying residential sites
85
85
85
* For
zoning lots
in R7, R8, R9 and R10 Districts, the maximum permitted height within the transition area shall be 65 feet.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11R12
The provisions of Section
23-50
(DENSITY REGULATIONS), inclusive, shall apply to
developments
,
enlargements
or to existing
buildings
that increase the number of
dwelling units
. However, the provisions of this Section shall not apply to
rooming units
.
Any given
floor area
shall be counted only once in meeting the
floor area
requirements.
The provisions of this Section shall not apply to
single-
or
two-family residences
.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, for
buildings
containing
multiple dwelling residences
, the maximum number of
dwelling units
permitted shall be determined by dividing the maximum
residential
floor area
permitted on the
zoning lot
by the applicable
dwelling unit
factor. The applicable
dwelling unit
factor shall be as follows:
For the following types of
multiple dwelling residences
, there shall be no applicable
dwelling unit
factor:
developments
or
enlargements
of
residences
in
special density areas
;
qualifying senior housing
; or
conversions
of any non-
residential
building
, or portion thereof, to
residences
in the
special density areas
, or outside of
special density areas
,
conversions
of
community facility
buildings
, or portions of
buildings
containing
community facilities
, to
residences
.
For all other types of
multiple dwelling residences
, the applicable
dwelling unit
factor shall be 680. Fractions equal to or greater than three-quarters resulting from this calculation shall be considered to be one
dwelling unit
.
In addition, for
zoning lots
with
residential uses
that have different
dwelling unit
factor applicability, for the purposes of calculating the maximum number of
dwelling units
permitted within
buildings
, or portions thereof, that are subject to a
dwelling unit
factor, the calculation shall exclude the
floor area
not subject to a
dwelling unit
factor before dividing by the
dwelling unit
factor. Where
floor area
in a
building
is shared by multiple
residential uses
, the
floor area
for such shared portion shall be attributed to each
residential use
proportionately, based on the percentage each
residential use
occupies of the total
floor area
of the
zoning lot
, less any shared
floor area
.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In all districts, as indicated, the following shall provide
street
trees in accordance with Section
26-41
(Street Tree Planting):
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
;
conversions
of 20 percent or more of the
floor area
of a
building
to a
residential use
; or
construction of a
detached
garage that is 400 square feet or greater.
R1 R2 R3 R4 R5
In the districts indicated, the following shall provide and maintain a planting strip in accordance with Section
26-42
:
developments
, or
enlargements
that increase the
floor area
on a
zoning lot
by 20 percent or more. However, planting strips shall not be required for
enlargements
of
single-
or
two-family
residences
;
conversions
of 20 percent or more of the
floor area
of a
building
to a
residential use
; or
construction of a
detached
garage that is 400 square feet or greater.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the area of the
zoning lot
between the
street line
and all
street walls
of the
building
and their prolongations shall be planted at ground level, or in raised planting beds that are permanently affixed to the ground, except that such plantings shall not be required at the entrances to and exits from the
building
, within driveways accessing off-street parking spaces located within, to the side, or rear of such
building
, or in any area where there is a
permitted obstruction
permitted pursuant to Section
23-31
, inclusive.
Planted areas shall be comprised of any combination of grass, groundcover, shrubs, trees, or other living plant material, and shall have a minimum dimension of one foot, exclusive of any bounding walls.
No
zoning lot
shall be altered in any way that will either create a new
non-compliance
or increase the degree of
non-compliance
with the provisions of this Section.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, balconies may project into or over any open areas not occupied by
buildings
at that particular level, provided that:
within any
yards
,
courts
, or other required open areas, such balcony shall:
not project by more than one third of the depth of such areas specified above, or a distance greater than seven feet, whichever is less, as measured from the plane surface of the
building
wall from which it projects. However, where such balcony projects into any open area required pursuant to the application of height and setback regulations, the one third projection shall not apply;
not cover more than 10 percent of any open area required pursuant to Section
23-30
, inclusive, or any outdoor recreation space provided pursuant to Section
23-63
; and
have an aggregate width, at the level of any
story
, not exceeding 50 percent of the width at that level of the plane surface of the
building
wall from which it projects; and
within any open areas, whether required or not, such balcony shall:
be unenclosed except for
building walls
and parapets, railings, or safety guards, whether applied singly, or in combination, provided that:
parapets shall not exceed four feet in height;
railings shall not exceed 4 feet, 6 inches in height and shall be at least 50 percent open for the portion that exceeds four feet in height; and
safety guards shall not exceed 10 feet in height and shall be at least 90 percent transparent materials for the portion that exceeds four feet in height. In addition, where such balcony has a roofed portion above it, there shall be an opening that is not less than 40 percent of the height between the bottom of the roof and the finished floor level of such balcony.
However, such balconies may be recessed into a
building
wall up to a maximum depth of six feet provided that at least 33 percent of the perimeter of such balcony is unenclosed except for a parapet, railing, or safety guard; and
be located at least 13 feet above
curb level
, except that for
buildings
containing
residences
not more than 35 feet in height, such balcony may be located at or higher than the floor level of the second
story
provided that such balcony is located not lower than seven feet above
curb level
or seven feet above natural grade, whichever is higher.
All
developments
,
enlargements
,
extensions
or
conversions
in
buildings
that are
multiple dwelling residences
that result in nine or more new
dwelling units
after December 5, 2024 shall provide recreation space in accordance with this Section.
Such recreation space may include, but shall not be limited to, fitness centers, pools, wellness services, sports courts, game rooms, outdoor spaces, or child play spaces.
The amount of recreation space required shall be equivalent to a minimum of three percent of the
residential
floor area
of the
building
. Such space may be provided indoors or outdoors, singly or in combination. Where provided indoors, floor space may be exempted from the definition of
floor area
pursuant to Section
12-10
(DEFINITIONS), provided that the standards of Section
23-231
(Floor area provisions for amenities) are met.
Additionally, such recreation space shall comply with the following standards:
all recreation space shall be accessible to the residents of the
building
;
the minimum dimension of any recreation space, in any direction, whether indoor or outdoor, shall be 15 feet;
any outdoor recreation space shall be open to the sky, except that:
building
projections, not to exceed seven feet in depth, may cover up to 10 percent of the outdoor recreation space, provided that the lowest level of the projection is at least 10 feet above the level of the outdoor recreation space; and
the combination of
building
projections, where provided, and any sun shading devices permitted pursuant to
23-311
, including, but not limited to, arbors or trellises, awnings and other sun control devices, or canopies, may cover up to 50 percent; and
any indoor recreation room shall have at least one exterior wall with windows, or ceiling with skylights, that measures not less than 9.5 percent of the total floor space of the room.
Recreation space provided in
Quality Housing buildings
, in
buildings
converted
pursuant to Article I, Chapter, or in any other
building
as part of requirements in effect prior to December 5, 2024, or recreation space that is provided pursuant to the requirements of Section
23-63
(Required Recreation Space in Multiple Dwelling Residences) after December 5, 2024, may be modified, relocated or otherwise reconfigured, provided that the requirements of Section
23-63
are met for all newly created spaces.
The optional
predominantly built-up area
provisions of Section
23-71
, inclusive, may be applied to
zoning lots
:
that have a
lot area
of not more than 1.5 acres;
located on a
block
:
that is entirely within R4 or R5 Districts without a letter or number suffix, including a
Commercial District
mapped within such
Residence Districts
;
that has a maximum area of four acres;
where the
buildings
on
zoning lots
comprise 50 percent or more of the area of the
block
; and
where, as of October 21, 1987, not more than 75 percent of the aggregate length of the
block
frontages facing each other around the
zoning lot
, on both sides of the
street
, are allocated to
single-
or
two-family
detached
or
semi-detached
residences
.
All
buildings
used in calculations shall have certificates of occupancy or other evidence acceptable to the Commissioner of Buildings issued prior to the date of application for a building permit.
For
zoning lots
in R4 or R5 Districts, without a letter or number suffix, utilizing the
predominantly built-up area
provisions of Section
23-71
, inclusive, the maximum
floor area ratio
shall be as set forth in the following table:
District
Maximum
Floor Area Ratio
R4
1.35
R5
1.65
For
zoning lots
in R4 or R5 Districts, without a letter or number suffix, utilizing the
predominantly built-up area
provisions of Section
23-71
, inclusive, the following height and setback modifications shall apply:
in R4 Districts, the height and setback regulations applicable to an R4A District set forth in Section
23-421
(Basic pitched-roof envelopes for certain districts) shall apply; and
in R5 Districts, the height and setback regulations applicable to an R5B District set forth in Section
23-422
(Basic flat-roof envelopes for certain districts) shall apply.
The optional provisions of Section
23-72
, inclusive, may be applied to
zoning lots
containing
buildings
used exclusively as
single-
,
two-
or three-
family residences
in R5 and R6 Districts without a letter suffix in the portion of Community District 12, in the Borough of Brooklyn, that is bounded by 39th Street, Dahill Road, Ditmas Avenue, McDonald Avenue, Bay Parkway, 61st Street and Fort Hamilton Parkway.
For
zoning lots
in R5 Districts, without a letter suffix, utilizing the provisions of Section
23-72
, inclusive, the maximum
floor area ratio
shall be as set forth in the following table:
District
Maximum
Floor Area Ratio
for a
corner lot
Maximum
Floor Area Ratio
for an
interior
or
through lot
R5
1.65
1.80
For
zoning lots
utilizing the provisions of Section
23-72
, inclusive, the
yard
regulations shall be modified as follows:
in R5 Districts without a letter suffix, the
front yard
regulations shall be modified as follows: a
front yard
shall be provided with a depth of not less than five feet provided that, for
corner lots
, one
front yard
with a depth of not less than 10 feet is required;
in R5 Districts and R6 Districts without a letter suffix, the
rear yard
regulations shall be modified to require a
rear yard
with a depth of not less than 20 feet at every
rear lot line
on any
zoning lot
.
For
zoning lots
in R5 Districts, without a letter suffix, utilizing the provisions of Section
23-72
, inclusive, the following height and setback modifications shall apply: the height and setback regulations applicable to an R5B District set forth in Section
23-422
(Basic flat-roof envelopes for certain districts) shall apply.
The optional provisions for
sky exposure plane buildings
set forth in Section
23-73
, inclusive, may be applied to
zoning lots
in R6 through R10 Districts without a letter suffix, except that such alternative provisions shall not apply to:
zoning lots
in R6-1, R6-2, R7-3 and R9-1 Districts;
zoning lots
in R8 Districts without a letter suffix in the portion of Community District 9 in the Borough of Manhattan located north of West 125th Street; or
zoning lots
located in the
Limited Height Districts
.
R6 R7 R8 R9
In the districts indicated without a letter suffix, for
sky exposure plane buildings
, the minimum required
open space ratio
and the maximum
floor area ratio
for any
zoning lot
shall be determined by the
height factor
of such
zoning lot
as set forth in this Section. Where elected, such
floor area ratio
shall supersede the
floor area ratio
provisions of Section
23-22
, and apply to all
residences
, including
qualifying affordable housing
or
qualifying senior housing
.
The minimum
open space
required through the application of a minimum
open space ratio
shall be applied in conjunction with the applicable regulations of Section
23-30
(YARDS, COURTS AND OTHER OPEN AREA REGULATIONS). The obstructions set forth in Section
23-311
shall per permitted in required
open space
.
MINIMUM REQUIRED OPEN SPACE RATIO AND MAXIMUM FLOOR AREA RATIO
R6 through R9 Districts
For
zoning lots
with a
height factor
of
In R6 Districts
In R7 Districts
In R8 Districts
In R9 Districts
Min. Req.
Open Space Ratio
Max.
Floor Area Ratio
Min. Req.
Open Space Ratio
Max.
Floor Area Ratio
Min. Req.
Open Space Ratio
Max.
Floor Area Ratio
Min. Req.
Open Space Ratio
Max.
Floor Area Ratio
1
27.5
0.78
15.5
0.87
5.9
0.94
1.0
0.99
2
28.0
1.28
16.0
1.52
6.2
1.78
1.4
1.95
3
28.5
1.62
16.5
2.01
6.5
2.51
1.8
2.85
4
29.0
1.85
17.0
2.38
6.8
3.14
2.2
3.68
5
29.5
2.02
17.5
2.67
7.1
3.69
2.6
4.42
6
30.0
2.14
18.0
2.88
7.4
4.15
3.0
5.08
7
30.5
2.23
18.5
3.05
7.7
4.55
3.4
5.65
8
31.0
2.30
19.0
3.17
8.0
4.88
3.8
6.13
9
31.5
2.35
19.5
3.27
8.3
5.15
4.2
6.54
10
32.0
2.38
20.0
3.33
8.6
5.38
4.6
6.85
11
32.5
2.40
20.5
3.38
8.9
5.56
5.0
7.09
12
33.0
2.42
21.0
3.41
9.2
5.71
5.4
7.30
13
33.5
2.43
21.5
3.42
9.5
5.81
5.8
7.41
14
34.0
2.43
22.0
3.44
9.8
5.92
6.2
7.52
15
34.5
2.43
22.5
3.42
10.1
5.95
6.6
7.52
16
35.0
2.42
23.0
3.41
10.4
5.99
7.0
7.52
17
35.5
2.42
23.5
3.40
10.7
6.02
7.4
7.52
18
36.0
2.40
24.0
3.38
11.0
6.02
7.8
7.46
19
36.5
2.39
24.5
3.36
11.3
6.02
8.2
7.41
20
37.0
2.38
25.0
3.33
11.6
6.02
8.6
7.35
21
37.5
2.36
25.5
3.30
11.9
5.99
9.0
7.25
For
zoning lots
with
height factors
greater than 21, the minimum required
open space ratio
shall be as set forth in the following table:
OPEN SPACE RATIO FOR HIGH BUILDINGS
District
Minimum Required
Open Space Ratio
at
Height Factor
of 21
Additional Required
Open Space Ratio
for each Additional
Height Factor
R6
37.5
0.5
R7
25.5
0.5
R8
11.9
0.3
R9
9.0
0.4
For these
zoning lots
, the maximum
floor area ratio
shall be such as can be attained at the required
open space ratio
for the
height factor
.*
* The
floor area ratio
attainable at a given
height factor
and a given
open space ratio
may be computed from the following formula:
Floor area ratios
in R10 Districts
In R10 Districts, the maximum
floor area ratio
on a
zoning lot
shall be 12.0 for
qualifying affordable housing
or
qualifying senior housing
and 10.0 for other
residences
.
Additional
floor area
regulations in R9 and R10 Districts for
buildings
with towers
In R9 and R10 Districts, for
zoning lots
containing a
building
that is
developed
or
enlarged
pursuant to the applicable tower regulations of Section
23-737
(Tower regulations), the
floor area
provisions of Section
23-241
(Special tower provisions) shall apply.
In R6 through R10 Districts without a letter suffix, the obstructions permitted for any
yard
set forth in Section
23-311
(Permitted obstructions in all yards, courts and open areas), as well as the following obstructions, shall be permitted in any
open space
required on a
zoning lot
. For the purposes of applying such allowances to
open space
, all percentage calculations shall be applied to the area of the
open space
instead of the
yard
:
balconies, unenclosed, subject to the provisions of Section
23-62
;
breezeways;
driveways, private streets, open
accessory
off-street parking spaces, unenclosed
accessory
bicycle parking spaces or open
accessory
off-street loading berths, provided that the total area occupied by all these items does not exceed 50 percent of the required
open space
on any
zoning lot
;
energy infrastructure equipment
and
accessory
mechanical equipment, subject to the requirements set forth in Section
23-312
(Additional permitted obstructions generally permitted in all yards);
greenhouses, non-commercial,
accessory
, limited to one
story
or 15 feet in height above adjoining grade, whichever is less, and limited to an area not exceeding 25 percent of the
open space
#;
parking spaces, off-street, enclosed,
accessory
, provided that the total area occupied by a
building
used for such purposes does not exceed 20 percent of the total required
open space
on the
zoning lot
;
solar energy systems:
on the roof of an
accessory
building
, limited to 18 inches in height as measured perpendicular to the roof surface; or
affixed to solar canopies and located over any
accessory
off-street parking space, provided that the height shall not exceed 15 feet above the level of the adjoining grade;
steps;
swimming pools,
accessory
, above-grade structures limited to a height not exceeding eight feet above the level of the
rear yard
or
rear yard equivalent
; or
fire escapes or planting boxes, provided that no such items project more than six feet into or over such
open space
.
However, any such
open space
that is part of a required
yard
,
rear yard equivalent
or
court
may contain an obstruction listed in this Section only where such obstruction is permitted, pursuant to Sections
23-311
,
23-312
,
23-341
(Permitted obstructions in required rear yards or rear yard equivalents) or
23-351
(Permitted obstructions in courts), as applicable.
For
sky exposure plane buildings
, the provisions of Section
23-30
, inclusive, shall apply, except that:
for
through lots
, the alternate location allowances set forth in paragraph (c)(2) of Section
23-343
(Rear yard equivalent requirements) may be applied to
rear yard equivalents
;
the maximum
lot coverages
set forth in Section
23-36
, inclusive, need not apply; and
the minimum distance between
buildings
provisions of paragraph (c)(2) of Section
23-371
, pertaining to two or more
buildings
on the same
zoning lot
that are not connected at any level, shall be modified as follows.
The required minimum distance between the portion of a
building
containing
dwelling units
and any other
building
on the same
zoning lot
shall vary according to the height of such
building
and the particular wall condition and the presence of
legally required windows
in facing
building
walls.
For the purposes of this Section, wall condition shall be defined as follows:
“wall to wall” is a condition where two walls of
buildings
face each other, and neither wall contains a
legally required window
;
“wall to window” is a condition where two walls of
buildings
face each other, and one wall contains a
legally required window
and the other wall does not contain a
legally required window
;
“window to window” is a condition where two walls of
buildings
face each other, and both walls contain a
legally required window
.
Such minimum distance shall be as indicated in the following table:
Wall Condition
Maximum
building
height above
base plane
or
curb level
, as applicable
25 feet
35 feet
40 feet
50 feet
Over 50 feet
Wall to wall
40
40
40
40
40
Wall to window
40
40
40
45
50
Window to window
40
45
50
55
60
However, for portions of
buildings
higher than 125 feet, the provisions of Section
23-371
shall continue to apply.
R6 R7 R8 R9 R10
In the districts indicated without a letter suffix, for
sky exposure plane buildings
, the height and setback regulations shall be as set forth in this Section, inclusive.
Buildings
may elect to utilize the front setback provisions of paragraph (a) of this Section, or the alternate front setback provisions of paragraph (b) of this Section. Where elected, such provisions shall supersede the provisions of Section
23-43
, inclusive.
In R9 or R10 Districts, towers may penetrate a
sky exposure plane
pursuant to Section
23-737
(Tower regulations).
Notwithstanding the foregoing, for narrow
buildings
, the provisions of Section
23-738
shall apply, and within
Limited Height Districts
the provisions for Section
23-739
shall apply.
Front setbacks
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 the following table, the height of such front wall or other portion of a
building or other structure
shall not exceed the maximum height above the
street line
set forth in the table. 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 the table, except as otherwise provided in Sections
23-41
(Permitted Obstructions) or
23-737
(Tower regulations).
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
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
R6 or R7 Districts
20
15
60 feet or six
stories
, whichever is less
60
2.7
to 1
5.6
to 1
R8 R9 or R10 Districts
20
15
85 feet or nine
stories
, whichever is less
85
2.7
to 1
5.6
to 1
Alternate front setbacks
If an open area is provided along the entire length of the
front lot line
with the minimum depth set forth in the table in this Section, the provisions of this Section may apply in lieu of the provisions of paragraph (a) of this Section. The
building or other structure
shall not penetrate the
sky exposure plane
set forth in the table, except as otherwise provided in Sections
23-41
(Permitted Obstructions) or
23-737
(Tower regulations).
In R9 or R10 Districts, the provisions of this paragraph shall be inapplicable to any
development
or
enlargement
with more than 25 percent of the total
floor area
of the
building
in
residential use
.
ALTERNATE REQUIRED FRONT SETBACKS
Depth of Optional Front Open Area (in feet, measured perpendicular to
street line
)
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
R6 or R7 Districts
15
10
60
3.7
to 1
7.6
to 1
R8 R9 or R10 Districts
15
10
85
3.7
to 1
7.6
to 1
In R9 or R10 Districts, for
buildings
that do not meet the criteria set forth in paragraphs (b)(1) and (b)(2) of Section
23-441
, a tower may penetrate a
sky exposure plane
provided that such tower:
does not occupy more than 40 percent of the
lot area
of a
zoning lot
for
zoning lots
with a
lot area
greater than 20,000 square feet, or more than 50 percent of the
lot area
for all other
zoning lots
; and
is set back at least 10 feet from a
street line
along a
wide street
and at least 15 feet from a
street line
along a
narrow street
.
However, the provisions of this Section shall not apply to any
building
located wholly or partly in a
Residence District
, that is within 100 feet of a
public park
with an area of one acre or more, or a
street line
opposite such a
public park
.
R7-2 R8 R9 R10
In the districts indicated, portions of
buildings
with
street walls
less than 45 feet in width shall not be permitted above the following heights:
For
interior lots
, and for
through lots
, which shall be treated as two separate
interior lots
of equal depth for the purposes of determining the height limitations of this Section, a height equal to the width of the
street
on which such
street walls
front or 100 feet, whichever is less;
For
corner lots
bounded by only
narrow streets
, a height equal to the width of the narrowest of such
streets
on which such
street walls
front;
For
corner lots
bounded by at least one
wide street
, a height equal to the width of the widest
street
on which it fronts, or 100 feet, whichever is less;
The heights permitted in paragraphs (a), (b) or (c) of this Section may be exceeded if:
on a
wide street
, such portion of a
building
with a
street wall
less than 45 feet in width
abuts
an existing
building
with a
street wall
that exceeds such permitted heights. Such new
street walls
may reach the height of such
abutting
building
or, where there are two
abutting
buildings
that exceed such heights, such new
street wall
may reach the height of the tallest of such
abutting
buildings
; or
on a
narrow street
, such
street walls
abut
two existing
buildings
with
street walls
that both exceed the heights permitted. Such new
street walls
may reach the height of the lowest of such
abutting
buildings
; and
such new
street walls
shall be fully contiguous at every level with such
abutting
street walls
.
In addition, the following rules shall apply:
The front height and setback regulations and any height limitations of the underlying district shall apply, except that the alternate front setback regulations of paragraph (b) of Section
23-736
and the tower regulations of Section
23-737
shall not apply. In the event of a conflict between the underlying regulations and the regulations of this Section, the more restrictive shall apply.
The provisions of this Section shall not apply to
street walls
of permitted obstructions or
street walls
located beyond 100 feet of a
street line
.
For the purposes of determining the width of a
street wall
:
the width shall be the sum of the maximum widths of all
street walls
of a
building
at every level. The width of a
street wall
shall be the length of the
street line
from which, when viewed directly from above, lines perpendicular to the
street line
may be drawn to such
street wall
; and
abutting
buildings
on a single
zoning lot
may be considered a single
building
.
For
buildings
with
street walls
less than 45 feet in width that front only on a
narrow street
and
abut
two existing
buildings
, the
street wall
of such
building
shall be no closer to the
street line
than the
street wall
of the
abutting building
that is closest to the
street line
.
On a
through lot
containing
buildings
with
street walls
less than 45 feet in width, the alternative location provisions for
rear yard equivalents
set forth in Section
23-735
(Special yard, court and other area regulations) shall not apply.
In the
Limited Height Districts
, for
zoning lots
that do not contain
qualifying affordable housing
or
qualifying senior housing
, the maximum height of
buildings or other structures
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 |
| Markdown | [Skip to main content](https://zr.planning.nyc.gov/article-ii/chapter-3#main-content)
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[Zoning Resolution](https://zr.planning.nyc.gov/)
## Main navigation
- [Home](https://zr.planning.nyc.gov/)
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[Contents](https://zr.planning.nyc.gov/article-ii/chapter-3)
[Contents](https://zr.planning.nyc.gov/article-ii/chapter-3)
[Article I General Provisions](https://zr.planning.nyc.gov/article-i)
[Article II Residence District Regulations](https://zr.planning.nyc.gov/article-ii)
[Chapter 1 - Statement of Legislative Intent](https://zr.planning.nyc.gov/article-ii/chapter-1)
[Chapter 2 - Use Regulations](https://zr.planning.nyc.gov/article-ii/chapter-2)
[Chapter 3 - Residential Bulk Regulations in Residence Districts](https://zr.planning.nyc.gov/article-ii/chapter-3)
[23-00 APPLICABILITY AND GENERAL PURPOSES](https://zr.planning.nyc.gov/article-ii/chapter-3#23-00)
[23-01 Applicability of This Chapter](https://zr.planning.nyc.gov/article-ii/chapter-3#23-01)
[23-02 Applicability in Special Situations](https://zr.planning.nyc.gov/article-ii/chapter-3#23-02)
[23-03 General Purposes of Residential Bulk Regulations](https://zr.planning.nyc.gov/article-ii/chapter-3#23-03)
[23-04 Zoning Lots Divided by District Boundaries](https://zr.planning.nyc.gov/article-ii/chapter-3#23-04)
[23-05 Applicability of Certain Bulk Regulations](https://zr.planning.nyc.gov/article-ii/chapter-3#23-05)
[23-06 Applicability of Bulk Regulations for Certain Sites](https://zr.planning.nyc.gov/article-ii/chapter-3#23-06)
[23-10 LOT AREA AND LOT WIDTH REGULATIONS](https://zr.planning.nyc.gov/article-ii/chapter-3#23-10)
[23-11 Lot Area and Lot Width Regulations in R1 Through R5 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3#23-11)
[23-12 Lot Area and Lot Width Regulations in R6 through R12 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3#23-12)
[23-20 FLOOR AREA REGULATIONS](https://zr.planning.nyc.gov/article-ii/chapter-3#23-20)
[23-21 Floor Area Regulations for R1 Through R5 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3#23-21)
[23-22 Floor Area Regulations for R6 Through R12 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3#23-22)
[23-23 Special Floor Area Provisions for Multiple Dwelling Residences](https://zr.planning.nyc.gov/article-ii/chapter-3#23-23)
[23-231 Floor area provisions for amenities](https://zr.planning.nyc.gov/article-ii/chapter-3#23-231)
[23-232 Floor area provisions for corridors](https://zr.planning.nyc.gov/article-ii/chapter-3#23-232)
[23-233 Floor area provisions for refuse storage and disposal](https://zr.planning.nyc.gov/article-ii/chapter-3#23-233)
[23-234 Elevated Ground Floor Units](https://zr.planning.nyc.gov/article-ii/chapter-3#23-234)
[23-24 Special Provisions for Certain Areas](https://zr.planning.nyc.gov/article-ii/chapter-3#23-24)
[23-241 Special tower provisions](https://zr.planning.nyc.gov/article-ii/chapter-3#23-241)
[23-242 Special provisions for certain community districts](https://zr.planning.nyc.gov/article-ii/chapter-3#23-242)
[23-243 Existing public amenities for which floor area bonuses have been received](https://zr.planning.nyc.gov/article-ii/chapter-3#23-243)
[23-30 YARDS, COURTS AND OTHER OPEN AREA REGULATIONS](https://zr.planning.nyc.gov/article-ii/chapter-3#23-30)
[23-31 General Provisions](https://zr.planning.nyc.gov/article-ii/chapter-3#23-31)
[23-311 Permitted obstructions in all yards, courts and open areas](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311)
[23-312 Additional permitted obstructions generally permitted in all yards](https://zr.planning.nyc.gov/article-ii/chapter-3#23-312)
[23-313 Level and measurement of yards](https://zr.planning.nyc.gov/article-ii/chapter-3#23-313)
[23-32 Front Yard Requirements](https://zr.planning.nyc.gov/article-ii/chapter-3#23-32)
[23-321 Basic front yard requirements in R1 through R5 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3#23-321)
[23-322 Front yard requirements for R6 through R12 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3#23-322)
[23-33 Side Yard Requirements](https://zr.planning.nyc.gov/article-ii/chapter-3#23-33)
[23-331 Permitted obstructions in certain side yards](https://zr.planning.nyc.gov/article-ii/chapter-3#23-331)
[23-332 Basic side yard requirements in R1 through R5 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3#23-332)
[23-333 Modified side yard requirements for qualifying residential sites](https://zr.planning.nyc.gov/article-ii/chapter-3#23-333)
[23-334 Modified side yard requirements for existing narrow zoning lots](https://zr.planning.nyc.gov/article-ii/chapter-3#23-334)
[23-335 Side yard requirements for R6 through R12 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3#23-335)
[23-34 Rear Yard and Rear Yard Equivalent Requirements](https://zr.planning.nyc.gov/article-ii/chapter-3#23-34)
[23-341 Permitted obstructions in required rear yards or rear yard equivalents](https://zr.planning.nyc.gov/article-ii/chapter-3#23-341)
[23-342 Rear yard requirements](https://zr.planning.nyc.gov/article-ii/chapter-3#23-342)
[23-343 Rear yard equivalent requirements](https://zr.planning.nyc.gov/article-ii/chapter-3#23-343)
[23-344 Additional rear yard modifications](https://zr.planning.nyc.gov/article-ii/chapter-3#23-344)
[23-35 Court Regulations](https://zr.planning.nyc.gov/article-ii/chapter-3#23-35)
[23-351 Permitted obstructions in courts](https://zr.planning.nyc.gov/article-ii/chapter-3#23-351)
[23-352 Inner court regulations](https://zr.planning.nyc.gov/article-ii/chapter-3#23-352)
[23-353 Outer court regulations](https://zr.planning.nyc.gov/article-ii/chapter-3#23-353)
[23-36 Maximum Lot Coverage](https://zr.planning.nyc.gov/article-ii/chapter-3#23-36)
[23-361 Maximum lot coverage in R1 through R5 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3#23-361)
[23-362 Maximum lot coverage in R6 through R12 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3#23-362)
[23-363 Special rules for certain interior or through lots](https://zr.planning.nyc.gov/article-ii/chapter-3#23-363)
[23-37 Other Open Area Regulations](https://zr.planning.nyc.gov/article-ii/chapter-3#23-37)
[23-371 Standard minimum distance between buildings](https://zr.planning.nyc.gov/article-ii/chapter-3#23-371)
[23-372 Distance between legally required windows and lot lines](https://zr.planning.nyc.gov/article-ii/chapter-3#23-372)
[23-38 Special Rules for Certain Areas](https://zr.planning.nyc.gov/article-ii/chapter-3#23-38)
[23-381 Special provisions in other geographies](https://zr.planning.nyc.gov/article-ii/chapter-3#23-381)
[23-40 HEIGHT AND SETBACK REGULATIONS](https://zr.planning.nyc.gov/article-ii/chapter-3#23-40)
[23-41 Permitted Obstructions](https://zr.planning.nyc.gov/article-ii/chapter-3#23-41)
[23-411 General permitted obstructions](https://zr.planning.nyc.gov/article-ii/chapter-3#23-411)
[23-412 Additional permitted obstructions](https://zr.planning.nyc.gov/article-ii/chapter-3#23-412)
[23-413 Permitted obstructions in certain districts](https://zr.planning.nyc.gov/article-ii/chapter-3#23-413)
[23-42 Height and Setback Requirements in R1 Through R5 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3#23-42)
[23-421 Basic pitched-roof envelopes for certain districts](https://zr.planning.nyc.gov/article-ii/chapter-3#23-421)
[23-422 Basic flat-roof envelopes for certain districts](https://zr.planning.nyc.gov/article-ii/chapter-3#23-422)
[23-423 Standard setback regulations](https://zr.planning.nyc.gov/article-ii/chapter-3#23-423)
[23-424 Height and setback requirements for qualifying residential sites](https://zr.planning.nyc.gov/article-ii/chapter-3#23-424)
[23-425 Height and setback modifications for large sites](https://zr.planning.nyc.gov/article-ii/chapter-3#23-425)
[23-426 Additional height and setback provisions](https://zr.planning.nyc.gov/article-ii/chapter-3#23-426)
[23-43 Height and Setback Requirements in R6 Through R12 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3#23-43)
[23-431 Street wall location requirements](https://zr.planning.nyc.gov/article-ii/chapter-3#23-431)
[23-432 Height and setback requirements](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432)
[23-433 Standard setback regulations](https://zr.planning.nyc.gov/article-ii/chapter-3#23-433)
[23-434 Height and setback modifications for eligible sites](https://zr.planning.nyc.gov/article-ii/chapter-3#23-434)
[23-435 Tower regulations](https://zr.planning.nyc.gov/article-ii/chapter-3#23-435)
[23-436 Additional height and setback provisions](https://zr.planning.nyc.gov/article-ii/chapter-3#23-436)
[23-44 Special Provisions for Certain Areas](https://zr.planning.nyc.gov/article-ii/chapter-3#23-44)
[23-441 Special tower provisions](https://zr.planning.nyc.gov/article-ii/chapter-3#23-441)
[23-442 Special provisions for certain community districts](https://zr.planning.nyc.gov/article-ii/chapter-3#23-442)
[23-443 Special provisions in other geographies](https://zr.planning.nyc.gov/article-ii/chapter-3#23-443)
[23-50 DENSITY REGULATIONS](https://zr.planning.nyc.gov/article-ii/chapter-3#23-50)
[23-51 Applicability](https://zr.planning.nyc.gov/article-ii/chapter-3#23-51)
[23-52 Maximum Number of Dwelling Units](https://zr.planning.nyc.gov/article-ii/chapter-3#23-52)
[23-60 ADDITIONAL DESIGN ELEMENTS](https://zr.planning.nyc.gov/article-ii/chapter-3#23-60)
[23-61 Street Trees and Planting](https://zr.planning.nyc.gov/article-ii/chapter-3#23-61)
[23-611 Street tree planting](https://zr.planning.nyc.gov/article-ii/chapter-3#23-611)
[23-612 Planting strips in residence districts](https://zr.planning.nyc.gov/article-ii/chapter-3#23-612)
[23-613 Front yard planting requirements](https://zr.planning.nyc.gov/article-ii/chapter-3#23-613)
[23-62 Balconies](https://zr.planning.nyc.gov/article-ii/chapter-3#23-62)
[23-63 Required Recreation Space in Multiple Dwelling Residences](https://zr.planning.nyc.gov/article-ii/chapter-3#23-63)
[23-64 Modification to Existing Recreation Space](https://zr.planning.nyc.gov/article-ii/chapter-3#23-64)
[23-70 ALTERNATIVE BULK REGULATIONS FOR CERTAIN AREAS](https://zr.planning.nyc.gov/article-ii/chapter-3#23-70)
[23-71 Predominantly Built-up Areas](https://zr.planning.nyc.gov/article-ii/chapter-3#23-71)
[23-711 Applicability](https://zr.planning.nyc.gov/article-ii/chapter-3#23-711)
[23-712 Floor area modifications](https://zr.planning.nyc.gov/article-ii/chapter-3#23-712)
[23-713 Height and setback modifications](https://zr.planning.nyc.gov/article-ii/chapter-3#23-713)
[23-72 Portions of Community District 12 in the Borough of Brooklyn](https://zr.planning.nyc.gov/article-ii/chapter-3#23-72)
[23-721 Applicability](https://zr.planning.nyc.gov/article-ii/chapter-3#23-721)
[23-722 Floor area modifications](https://zr.planning.nyc.gov/article-ii/chapter-3#23-722)
[23-723 Yard modifications](https://zr.planning.nyc.gov/article-ii/chapter-3#23-723)
[23-724 Height and setback modifications](https://zr.planning.nyc.gov/article-ii/chapter-3#23-724)
[23-73 Special Provisions for Sky Exposure Plane Buildings](https://zr.planning.nyc.gov/article-ii/chapter-3#23-73)
[23-731 Applicability](https://zr.planning.nyc.gov/article-ii/chapter-3#23-731)
[23-732 Floor area ratio and open space ratio in R6 through R9 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3#23-732)
[23-733 Floor area ratios in R9 and R10 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3#23-733)
[23-734 Permitted obstructions in open space](https://zr.planning.nyc.gov/article-ii/chapter-3#23-734)
[23-735 Special yard, court and other area regulations](https://zr.planning.nyc.gov/article-ii/chapter-3#23-735)
[23-736 Special height and setback regulations for sky exposure plane buildings](https://zr.planning.nyc.gov/article-ii/chapter-3#23-736)
[23-737 Tower regulations](https://zr.planning.nyc.gov/article-ii/chapter-3#23-737)
[23-738 Height limitations for narrow buildings or enlargements](https://zr.planning.nyc.gov/article-ii/chapter-3#23-738)
[23-739 Limited Height Districts](https://zr.planning.nyc.gov/article-ii/chapter-3#23-739)
[Chapter 4 - Bulk Regulations for Community Facilities in Residence Districts](https://zr.planning.nyc.gov/article-ii/chapter-4)
[Chapter 5 - Accessory Off-Street Parking and Loading Regulations](https://zr.planning.nyc.gov/article-ii/chapter-5)
[Chapter 6 - Special Urban Design Regulations](https://zr.planning.nyc.gov/article-ii/chapter-6)
[Chapter 7 - Additional Regulations and Administration in Residence Districts](https://zr.planning.nyc.gov/article-ii/chapter-7)
[Article III Commercial District Regulations](https://zr.planning.nyc.gov/article-iii)
[Article IV Manufacturing District Regulations](https://zr.planning.nyc.gov/article-iv)
[Article V Non-Conforming Uses and Non-Complying Buildings](https://zr.planning.nyc.gov/article-v)
[Article VI Special Regulations Applicable to Certain Areas](https://zr.planning.nyc.gov/article-vi)
[Article VII Administration](https://zr.planning.nyc.gov/article-vii)
[Article VIII Special Purpose Districts](https://zr.planning.nyc.gov/article-viii)
[Article IX Special Purpose Districts](https://zr.planning.nyc.gov/article-ix)
[Article X Special Purpose Districts](https://zr.planning.nyc.gov/article-x)
[Article XI Special Purpose Districts](https://zr.planning.nyc.gov/article-xi)
[Article XII Special Purpose Districts](https://zr.planning.nyc.gov/article-xii)
[Article XIII Special Purpose Districts](https://zr.planning.nyc.gov/article-xiii)
[Article XIV Special Purpose Districts](https://zr.planning.nyc.gov/article-xiv)
[APPENDIX B — Index of Special Purpose Districts](https://zr.planning.nyc.gov/appendix-b-index-special-purpose-districts)
[APPENDIX C, Table 1 — City Environmental Quality Review (CEQR) Environmental Requirements: (E) Designations](https://zr.planning.nyc.gov/appendix-c-table-1-city-environmental-quality-review-ceqr-environmental-requirements-e-designations)
[APPENDIX C, Table 2 — City Environmental Quality Review (CEQR) Environmental Requirements: Environmental Restrictive Declarations](https://zr.planning.nyc.gov/appendix-c-table-2-city-environmental-quality-review-ceqr-environmental-requirements-environmental)
[APPENDIX D — Zoning Map Amendment ("D") Restrictive Declarations](https://zr.planning.nyc.gov/appendix-d-zoning-map-amendment-d-restrictive-declarations)
[APPENDIX E — Design Requirements for Plazas, Residential Plazas and Urban Plazas Developed Prior to October 17, 2007](https://zr.planning.nyc.gov/appendix-e-design-requirements-plazas-residential-plazas-and-urban-plazas-developed-prior-october)
[APPENDIX F – Mandatory Inclusionary Housing Areas and former Inclusionary Housing Designated Areas](https://zr.planning.nyc.gov/appendix-f-mandatory-inclusionary-housing-areas-and-former-inclusionary-housing-designated-areas)
[Appendix F – The Bronx](https://zr.planning.nyc.gov/appendix-f-mandatory-inclusionary-housing-areas-and-former-inclusionary-housing-designated-areas-2)
[Appendix F – Brooklyn](https://zr.planning.nyc.gov/appendix-f-inclusionary-housing-designated-areas-and-mandatory-inclusionary-housing-areas-0)
[Appendix F - Manhattan](https://zr.planning.nyc.gov/appendix-f-mandatory-inclusionary-housing-areas-and-former-inclusionary-housing-designated-areas-0)
[Appendix F - Queens](https://zr.planning.nyc.gov/appendix-f-mandatory-inclusionary-housing-areas-and-former-inclusionary-housing-designated-areas-1)
[Appendix F - Staten Island](https://zr.planning.nyc.gov/appendix-f-inclusionary-housing-designated-areas-and-mandatory-inclusionary-housing-areas-3)
[APPENDIX G — Radioactive Materials](https://zr.planning.nyc.gov/appendix-g-radioactive-materials)
[APPENDIX H — Arterial Highways](https://zr.planning.nyc.gov/appendix-h-arterial-highways)
[APPENDIX I](https://zr.planning.nyc.gov/appendix-i)
[APPENDIX J — Designated Areas Within Manufacturing Districts](https://zr.planning.nyc.gov/appendix-j-designated-areas-within-manufacturing-districts)
[APPENDIX K — Areas With Nursing Home Restrictions](https://zr.planning.nyc.gov/appendix-k-areas-nursing-home-restrictions)
## Breadcrumb
1. [Home](https://zr.planning.nyc.gov/)
2. [Article II](https://zr.planning.nyc.gov/article-ii)
3. Chapter 3
## Chapter 3 - Residential Bulk Regulations in Residence Districts
The City of New York
Zohran K. Mamdani, Mayor
City Planning Commission
Sideya Sherman, Chair
Last Amended
2/2/2011
[History](https://zr.planning.nyc.gov/nojs/get/amendment/chapter/88 "Amendment History")
[Print Chapter](https://zr.planning.nyc.gov/sites/default/files/article/39/chapters/Chapter%203.pdf "Download PDF")
[Copy Link]("Copy Link")
https://zr.planning.nyc.gov/article-ii/chapter-3
23-00
### [APPLICABILITY AND GENERAL PURPOSES](https://zr.planning.nyc.gov/article-ii/chapter-3/23-00)
Last Amended
12/15/1961
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/17995 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/17995 "Download PDF")
[Copy Link]("Copy Link")
https://zr.planning.nyc.gov/article-ii/chapter-3/23-00
23-01
### [Applicability of This Chapter](https://zr.planning.nyc.gov/article-ii/chapter-3/23-01)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/17996 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/17996 "Download PDF")
[Copy Link]("Copy Link")
https://zr.planning.nyc.gov/article-ii/chapter-3/23-01
The ***bulk*** regulations of this Chapter apply to any ***zoning lot*** or portion of a ***zoning lot*** located in any ***Residence District*** which contains any ***residential*** ***building or other structure***, or to the ***residential*** portion of a ***building or other structure*** used for both ***residential*** and ***community facility*** ***uses***. The ***bulk*** regulations of Article II, Chapter 4, shall apply to any ***zoning lot*** or portion of a ***zoning lot*** containing a ***community facility building*** or to the ***community facility*** portion of a ***building*** used for both ***residential*** and ***community facility*** ***uses***, except as set forth in Sections [24-04](https://zr.planning.nyc.gov/article-ii/chapter-4#24-04) (Applicability of Article II, Chapter 3 Regulations) and [24-05](https://zr.planning.nyc.gov/article-ii/chapter-4#24-05) (Buildings containing certain community facility uses). 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.
23-02
### [Applicability in Special Situations](https://zr.planning.nyc.gov/article-ii/chapter-3/23-02)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18000 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18000 "Download PDF")
[Copy Link]("Copy Link")
https://zr.planning.nyc.gov/article-ii/chapter-3/23-02
The conversion of non-***residential*** ***floor area*** to ***residences*** shall be subject to the provisions of Article I, Chapter 5 (Residential Conversions Within Existing Buildings), unless such ***conversions*** meet the requirements for ***residential*** ***developments*** of Article II (Residence District Regulations).
Existing ***buildings or other structures*** that are ***non-complying buildings or other structures*** or existing ***buildings*** where an ***enlargement***, ***conversion***, ***extension***, change of ***use*** or other alternation would create a ***non-compliance*** with the applicable ***bulk*** regulations are subject to the regulations set forth in Article V, Chapter 4.
Special regulations applying in certain areas are set forth in Article VI, inclusive.
Special permits that may be granted by the Board of Standards and Appeals are set forth in Article VII, Chapter 3. Special permits and authorizations that may be granted by the City Planning Commission are set forth in Article VII, Chapters 4 and 5, respectively.
Special regulations applying to ***large-scale residential developments*** or ***large-scale community facility developments*** are set forth in Article VII, Chapters 8 or 9, respectively. Special regulations applying to ***large-scale general developments*** are set forth in Section [74-74](https://zr.planning.nyc.gov/article-vii/chapter-4#74-74).
Any ***development*** or ***enlargement*** that occurs on or over a ***railroad right-of-way***, or the inclusion of a ***railroad right-of-way*** in the ***lot area*** of a ***zoning lot*** less than one and a half acres, and that is not ***accessory*** to such ***railroad right-of-way***, shall be certified by the Chairperson of the City Planning Commission pursuant to Section [75-41](https://zr.planning.nyc.gov/article-vii/chapter-5#75-41). In addition, the ***development*** or ***enlargement*** of a ***building*** on a ***zoning lot*** greater than one and a half acres that includes a ***railroad right-of-way*** or ***former railroad right-of-way***, where such ***building*** is not ***accessory*** to a ***railroad right-of-way***, may be permitted by the Commission pursuant to Section [74-61](https://zr.planning.nyc.gov/article-vii/chapter-4#74-61).
Special regulations applying only in Special Purpose Districts are set forth in Articles VIII, IX, X, XI, XII, XIII and XIV.
23-03
### [General Purposes of Residential Bulk Regulations](https://zr.planning.nyc.gov/article-ii/chapter-3/23-03)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22741 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22741 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-03
The following bulk regulations are adopted in order to protect residential areas against congestion and to encourage the development of desirable and stable residential neighborhoods. In order to achieve these purposes, a direct control of density as well as of the physical volume of buildings is established.
23-04
### [Zoning Lots Divided by District Boundaries](https://zr.planning.nyc.gov/article-ii/chapter-3/23-04)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18023 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18023 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-04
In all districts, whenever a ***zoning lot*** is divided by a boundary between districts or is subject to different ***bulk*** regulations for different portions of the ***zoning lot***, the provisions set forth in Article VII, Chapter 7, shall apply.
23-05
### [Applicability of Certain Bulk Regulations](https://zr.planning.nyc.gov/article-ii/chapter-3/23-05)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22745 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22745 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-05
Special rules governing optional ***bulk regulations*** affecting one or more ***bulk*** parameters are set forth in Section [23-70](https://zr.planning.nyc.gov/article-ii/chapter-3#23-70) (ALTERNATIVE BULK REGULATIONS FOR CERTAIN AREAS), inclusive.
These optional ***bulk*** provisions include alternative rules for:
1. ***predominantly built-up areas***, as set forth in Section [23-71](https://zr.planning.nyc.gov/article-ii/chapter-3#23-71), inclusive;
2. portions of Community District 12 in the Borough of Brooklyn, as set forth in Section [23-72](https://zr.planning.nyc.gov/article-ii/chapter-3#23-72), inclusive; and
3. ***sky exposure plane buildings***, as set forth in Section [23-73](https://zr.planning.nyc.gov/article-ii/chapter-3#23-73), inclusive.
Where any of such optional provisions are utilized, all the other associated ***bulk*** provisions set forth in Section [23-70](https://zr.planning.nyc.gov/article-ii/chapter-3#23-70), inclusive, shall apply.
23-06
### [Applicability of Bulk Regulations for Certain Sites](https://zr.planning.nyc.gov/article-ii/chapter-3/23-06)
[■]("Recently Corrected")
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22746 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22746 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-06
In R6 through R12 Districts without a letter suffix, on ***zoning lots*** where demolition or disposition is subject to approval from the U.S. Department of Housing and Urban Development (HUD) under section 18 of the Housing Act of 1937, the provisions of this Section shall apply.
For ***developments*** or ***enlargements*** of ***residences*** other than ***qualifying senior housing*** or ***MIH developments*** on ***MIH sites***:
1. on ***zoning lots*** where the height of any existing ***building*** containing ***residences*** exceeds the heights for ***zoning lots*** containing standard ***residences*** set forth in Section [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432), the regulations for ***sky exposure plane buildings*** set forth in Section [23-73](https://zr.planning.nyc.gov/article-ii/chapter-3#23-73), inclusive, shall apply, and shall not be optional; and
2. on ***zoning lots*** where the height of all existing ***building*** containing ***residences*** are less than or equal to the heights for ***zoning lots*** containing standard ***residences*** set forth in Section [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432), the ***bulk*** regulations for ***residential buildings*** of this Chapter applicable to non-***sky exposure plane buildings*** may be applied, except that:
1. the height and setback modifications for eligible sites set forth in Section [23-434](https://zr.planning.nyc.gov/article-ii/chapter-3#23-434) shall not apply; and
2. the minimum distance between ***buildings*** two of more ***buildings*** on the same ***zoning lot*** that are not connected at any level shall be governed by the provisions of paragraph (c) of Section 23-735. Notwithstanding the provisions of Section [23-05](https://zr.planning.nyc.gov/article-ii/chapter-3#23-05), the use of this Section shall not necessitate the utilization of all other provisions for ***sky exposure plane buildings*** unless other provisions of Section [23-73](https://zr.planning.nyc.gov/article-ii/chapter-3#23-73), inclusive, are applied.
23-10
### [LOT AREA AND LOT WIDTH REGULATIONS](https://zr.planning.nyc.gov/article-ii/chapter-3/23-10)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18003 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18003 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-10
Minimum ***lot area*** and ***lot width*** regulations are set forth in Section [23-11](https://zr.planning.nyc.gov/article-ii/chapter-3#23-11) for R1 through R5 Districts and Section [23-12](https://zr.planning.nyc.gov/article-ii/chapter-3#23-12) for R6 through R12 Districts.
However, such ***lot area*** and ***lot width*** regulations shall not apply to ***zoning lots*** in existence on December 5, 2024, where the ***lot area*** or ***lot width*** was less than the prescribed minimums of such Sections, and after December 5, 2024, such ***lot area*** or ***lot width*** has not decreased.
Where two or more ***buildings*** that are ***single-*** or ***two-family*** ***detached*** or ***zero lot line*** ***residences*** are located on a ***zoning lot***, the applicable minimum ***lot area*** requirement set forth in the table in this Section shall be multiplied by the number of such ***buildings*** on the ***zoning lot***. For the purposes of applying such calculation, ***detached*** ***buildings*** that are permitted obstructions in a required ***rear yard*** or ***rear yard equivalent*** shall not be included.
23-11
### [Lot Area and Lot Width Regulations in R1 Through R5 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3/23-11)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18033 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18033 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-11
R1 R2 R3 R4 R5
In the districts indicated, no ***residence*** shall be permitted on a ***zoning lot*** with a total ***lot area*** or ***lot width*** less than as set forth in the following table:
REQUIRED MINIMUM LOT AREA AND LOT WIDTH
| | | | |
|---|---|---|---|
| **Type of ***Residence***** | **District** | **Minimum ***Lot Area*** (in sq. ft)** | **Minimum ***Lot Width*** (in ft)** |
| ***Single-*** or ***two-family*** ***detached***, or ***zero lot line***, where permitted | R1-1 | 7,125 | 75 |
| R1-2 R1-2A | 4,750 | 50 | |
| R2 R2A R2X R3X R3-1 R3-2 R4 R5 | 2,850 | 30 | |
| R3A R4-1 R4A R4B R5A R5B R5D | 2,375 | 25 | |
| Other ***residences***, where permitted | R1 – R5 | 1,700 | 18 |
23-12
### [Lot Area and Lot Width Regulations in R6 through R12 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3/23-12)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22747 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22747 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-12
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, no ***residence*** shall be permitted on a ***zoning lot*** with a total ***lot area*** or ***lot width*** less than as set forth in the following table:
REQUIRED MINIMUM LOT AREA AND LOT WIDTH
| | | | |
|---|---|---|---|
| **Type of ***Residence***** | **District** | **Minimum ***Lot Area*** (in sq. ft)** | **Minimum ***Lot Width*** (in ft)** |
| ***Single-*** or ***two-family*** ***detached*** or ***zero lot line*** | R6 - R12 | 2,375 | 25 |
| Other ***residences*** | R6 - R12 | 1,700 | 18 |
23-20
### [FLOOR AREA REGULATIONS](https://zr.planning.nyc.gov/article-ii/chapter-3/23-20)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18024 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18024 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-20
***Floor area*** regulations are set forth in Section [23-21](https://zr.planning.nyc.gov/article-ii/chapter-3#23-21) for R1 through R5 Districts and Section [23-22](https://zr.planning.nyc.gov/article-ii/chapter-3#23-22) for R6 through R12 Districts. Special allowances for ***multiple dwelling residences*** are set forth in Section [23-23](https://zr.planning.nyc.gov/article-ii/chapter-3#23-23). Special rules governing certain areas are set forth in Section [23-24](https://zr.planning.nyc.gov/article-ii/chapter-3#23-24).
For ***zoning lots*** with ***buildings*** containing multiple ***uses*** or multiple ***buildings*** with different ***uses***, inclusive of ***residences*** subject to different ***floor area ratios***, the maximum ***floor area ratio*** for each ***use*** shall be as set forth in the applicable provisions of this Section, inclusive, or as provided in the respective ***floor area*** provisions of another Chapter of this Resolution. The total of all such ***floor area ratios*** shall not exceed the greatest ***floor area ratio*** permitted for any such ***use*** on the ***zoning lot***.
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***.
Where a ***floor area*** bonus established through another Section of this Resolution applies to a ***zoning lot*** containing ***residences***, the ***residential*** ***floor area ratio*** used to calculate the maximum permitted ***floor area*** bonus shall be the maximum ***floor area ratio*** permitted for such ***zoning lot*** pursuant to this Section, depending on whether the ***zoning lot*** is a ***qualifying residential site*** or the ***zoning lot*** contains ***qualifying affordable housing*** or ***qualifying senior housing***.
23-21
### [Floor Area Regulations for R1 Through R5 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3/23-21)
[■]("Recently Corrected")
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18011 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18011 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-21
R1 R2 R3 R4 R5
In the districts indicated, the maximum ***residential*** ***floor area ratio*** shall be as set forth in the following table. Separate maximum ***residential*** ***floor area ratios*** are set forth for standard ***zoning lots*** and ***zoning lots*** that are ***qualifying residential sites***.
MAXIMUM FLOOR AREA RATIO FOR R1-R5 DISTRICTS
| | | |
|---|---|---|
| **District** | **Standard ***zoning lots***** | *****Qualifying residential sites***** |
| R1-2A R1-1 R1-2 R2A R2 R3A R3X R3-1 R3-2 | 0\.751 | 1\.00 |
| R2X | 1\.00 | 1\.00 |
| R4A R4B R4 R4-1 | 1\.00 | 1\.50 |
| R5A R5B R5 | 1\.50 | 2\.00 |
| R5D | 2\.00 | 2\.00 |
1 For standard ***zoning lots*** with a ***lot area*** of 4,000 square feet or more, the maximum ***residential*** ***floor area*** associated with any single ***dwelling unit*** shall not exceed an equivalent ***floor area ratio*** of 0.60.
23-22
### [Floor Area Regulations for R6 Through R12 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3/23-22)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18017 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18017 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-22
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the maximum ***residential*** ***floor area ratio*** shall be as set forth in the following table. Separate maximum ***residential*** ***floor area ratios*** are set forth for ***zoning lots*** containing standard ***residences*** and ***zoning lots*** containing ***qualifying affordable housing*** or ***qualifying senior housing***.
MAXIMUM FLOOR AREA RATIO FOR R6-R12 DISTRICTS
| | | |
|---|---|---|
| **District** | **Standard ***residences***** | *****Qualifying affordable housing*** or ***qualifying senior housing***** |
| R6A R61 R6-1 R7B | 3\.00 | 3\.90 |
| R6 | 2\.20 | 3\.90 |
| R6B | 2\.00 | 2\.40 |
| R6D R6-2 | 2\.50 | 3\.00 |
| R7A R7-11 R7-21 | 4\.00 | 5\.01 |
| R7-1 R7-2 | 3\.44 | 5\.01 |
| R7D | 4\.66 | 5\.60 |
| R7X R7-3 | 5\.00 | 6\.00 |
| R8A R8X R8 | 6\.02 | 7\.20 |
| R8 | 7\.201 | 8\.642 |
| R8B | 4\.00 | 4\.80 |
| R9A R9 | 7\.52 | 9\.02 |
| R9D R9X R9-1 | 9\.00 | 10\.80 |
| R10A R10X R10 | 10\.00 | 12\.00 |
| R11 | 12\.00 | 15\.00 |
| R12 | 15\.00 | 18\.00 |
1 For ***zoning lots***, or portions thereof, located within 100 feet of a ***wide street***
2 Outside of ***Mandatory Inclusionary Housing areas***, for ***zoning lots***, or portions thereof, located within 100 feet of a ***wide street***, containing ***UAP developments*** or ***qualifying senior housing***
23-23
### [Special Floor Area Provisions for Multiple Dwelling Residences](https://zr.planning.nyc.gov/article-ii/chapter-3/23-23)
[■]("Recently Corrected")
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22754 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22754 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-23
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, for ***buildings*** containing ***multiple dwelling residences***, floor space allocated to ***building*** amenities, corridors, refuse storage or disposal, or access to elevated ground floor ***dwelling units*** may be exempted from the definition of ***floor area*** pursuant to Section [12-10](https://zr.planning.nyc.gov/article-i/chapter-2#12-10), provided that the provisions of this Section, inclusive, are met. However, exempted floor space shall be considered ***floor area*** for the purposes of satisfying other ***ground floor level*** ***use*** regulations of this Resolution, including, but not limited to, limitations on ***floor area*** for certain ***uses***, parking wrap and screening requirements, and requirements for ***floor area*** at the ***ground floor level***.
Such provisions may be applied to ***buildings*** ***developed*** after December 5, 2024, and to existing ***buildings*** where, after December 5, 2024, an ***enlargement***, ***extension***, ***conversion*** or other alteration results in newly created or altered floor space that conforms with such specific provisions of this Section, inclusive.
23-231
### [Floor area provisions for amenities](https://zr.planning.nyc.gov/article-ii/chapter-3/23-231)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/17502 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/17502 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-231
Floor space in a ***building*** allocated to ***residential*** amenities may be exempted from the definition of ***floor area***, in an amount not to exceed five percent of the ***residential floor area*** of the ***building***.
Such amenities may include recreation spaces, including those required pursuant to Section [23-63](https://zr.planning.nyc.gov/article-ii/chapter-3#23-63), or other amenities, including, but not be limited to, co-working areas, library or reading rooms, or music practice rooms, package or storage rooms, laundry facilities, or pet-related facilities.
However, amenity space shall not include floor space for circulation through the ***building***, including, corridors or vertical circulation spaces.
Amenities provided pursuant to this Section shall be accessible to the residents of the ***building***.
23-232
### [Floor area provisions for corridors](https://zr.planning.nyc.gov/article-ii/chapter-3/23-232)
[■]("Recently Corrected")
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/17503 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/17503 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-232
Floor space in a ***building*** allocated to corridors may be exempted from ***floor area*** pursuant to the provisions of paragraphs (a) or (b) of this Section. Such provisions may be applied individually or in combination.
1. Corridors Termination
Fifty percent of the floor space of a corridor may be exempted from the definition of ***floor area*** where one of the following criteria are met:
1. the corridor provides direct access to outdoor space on a balcony or terrace on the same ***story*** that is accessible to residents of the ***story***;
2. the corridor has daylighting through windows with a glazed area of at least 20 square feet, and such windows are located:
1. directly within the corridor;
2. in the enclosing walls of a stairwell along such corridor, and access to such stairwell from the corridor is provided through an entry door assembly with a minimum glazed area of at least 16 square feet; or
3. within common space along such corridor that accessible to residents of the ***story***; or
3. the corridor terminates with a ***dwelling unit*** that contains at least three bedrooms.
2. Length of Corridor
Fifty percent of the floor space of a corridor may be exempted from the definition of ***floor area***, where the length of the corridor, as measured from the vertical circulation core to the door of the furthest ***dwelling unit*** on the ***story***, does not exceed 100 linear feet. For the purposes of this Section, a vertical circulation core shall refer to an elevator core (consisting of one or more elevators) or, in a non-elevator ***building***, to a central stairwell.
23-233
### [Floor area provisions for refuse storage and disposal](https://zr.planning.nyc.gov/article-ii/chapter-3/23-233)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/17501 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/17501 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-233
Floor space in a ***building*** allocated to refuse storage and disposal may be exempted from the definition of ***floor area*** in an amount not to exceed a maximum of three square feet per ***dwelling unit*** in the ***building***.
23-234
### [Elevated Ground Floor Units](https://zr.planning.nyc.gov/article-ii/chapter-3/23-234)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/17500 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/17500 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-234
For ***buildings*** with entryways at ***curb level*** that accommodate ramps, stairs or lifts to ***dwelling units*** that are elevated above ***curb level*** on the first ***story*** of the ***building***, up to 100 square feet of such entryways may be exempted from the definition of ***floor area*** for each foot of difference between the floor level of such ***dwelling units*** and ***curb level***. However, no more than a maximum of 500 square feet of floor space may be exempted from the definition of ***floor area*** for each ***building***.
23-24
### [Special Provisions for Certain Areas](https://zr.planning.nyc.gov/article-ii/chapter-3/23-24)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22752 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22752 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-24
23-241
### [Special tower provisions](https://zr.planning.nyc.gov/article-ii/chapter-3/23-241)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18021 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18021 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-241
In R9 and R10 Districts, for ***zoning lots*** containing a ***building*** that is ***developed*** or ***enlarged*** pursuant to the applicable tower regulations of Section [23-435](https://zr.planning.nyc.gov/article-ii/chapter-3#23-435) (Tower regulations), any floor space used for mechanical equipment provided pursuant to paragraph (8) of the definition of ***floor area*** in Section [12-10](https://zr.planning.nyc.gov/article-i/chapter-2#12-10) (DEFINITIONS), and any floor space that is or becomes unused or inaccessible within a ***building***, pursuant to paragraph (k) of the definition of ***floor area*** in Section [12-10](https://zr.planning.nyc.gov/article-i/chapter-2#12-10), shall be considered ***floor area*** and calculated in accordance with the provisions of this Section, provided that such floor space:
1. occupies the predominant portion of a ***story***;
2. is located above the ***base plane*** or ***curb level***, as applicable, and below the highest story containing ***residential floor area***; and
3. exceeds an aggregate height of 25 feet within any given 75 vertical feet of one another within a ***building***.
For the purpose of applying this provision, the height of such floor space shall be measured from the top of a structural floor to the bottom of a structural floor directly above such space. In addition, the number of ***stories*** of ***floor area*** such space constitutes within the ***building*** shall be determined by aggregating the total height of such floor spaces, dividing by 25 feet, and rounding to the nearest whole integer.
23-242
### [Special provisions for certain community districts](https://zr.planning.nyc.gov/article-ii/chapter-3/23-242)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22755 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22755 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-242
1. Borough of Brooklyn
For R1 through R3 Districts south of Avenue H in Community Districts 11, 14 and 15 in the Borough of Brooklyn, the maximum ***floor area ratio*** for standard ***zoning lots*** set forth in Section [23-21](https://zr.planning.nyc.gov/article-ii/chapter-3#23-21) (Floor Area Regulations for R1 Through R5 Districts) shall be increased to 1.0.
23-243
### [Existing public amenities for which floor area bonuses have been received](https://zr.planning.nyc.gov/article-ii/chapter-3/23-243)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18022 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18022 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-243
1. 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.
2. Nighttime closing of existing public open areas
In all ***Residence 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](https://zr.planning.nyc.gov/article-iii/chapter-7#37-727) (Hours of access).
3. Elimination or reduction in size of existing public amenities
In all 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 Commission, pursuant to Section [74-761](https://zr.planning.nyc.gov/article-vii/chapter-4#74-761) (Elimination or reduction in size of bonused public amenities).
23-30
### [YARDS, COURTS AND OTHER OPEN AREA REGULATIONS](https://zr.planning.nyc.gov/article-ii/chapter-3/23-30)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18031 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18031 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-30
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, regulations governing ***yards***, ***courts***, ***lot coverage***, and other open areas shall be set forth in Section [23-30](https://zr.planning.nyc.gov/article-ii/chapter-3#23-30), inclusive.
General provisions shall be as set forth in Section [23-31](https://zr.planning.nyc.gov/article-ii/chapter-3#23-31), inclusive.
***Front yard*** requirements shall be as set forth in Section [23-32](https://zr.planning.nyc.gov/article-ii/chapter-3#23-32), inclusive, ***side yard*** requirements shall be as set forth in Section [23-33](https://zr.planning.nyc.gov/article-ii/chapter-3#23-33), inclusive, and ***rear yard*** and ***rear yard equivalent*** requirements shall be as set forth in Section [23-34](https://zr.planning.nyc.gov/article-ii/chapter-3#23-34), inclusive.
***Court*** regulations, including those for ***inner courts*** and ***outer courts***, shall be as set forth in Section [23-35](https://zr.planning.nyc.gov/article-ii/chapter-3#23-35), inclusive.
Maximum ***lot coverage*** requirements shall be as set forth in Section [23-36](https://zr.planning.nyc.gov/article-ii/chapter-3#23-36), inclusive.
Other regulations governing open areas, including minimum distances between ***buildings*** and minimum distances between ***legally required windows*** and ***lot lines***, shall be as set forth in Sections [23-37](https://zr.planning.nyc.gov/article-ii/chapter-3#23-37), inclusive.
Special rules for certain areas shall be as set forth in Section [23-38](https://zr.planning.nyc.gov/article-ii/chapter-3#23-38), inclusive.
23-31
### [General Provisions](https://zr.planning.nyc.gov/article-ii/chapter-3/23-31)
[■]("Recently Corrected")
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22756 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22756 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-31
In R6 through R12 Districts, the obstructions permitted within a ***front yard*** pursuant to Section [23-31](https://zr.planning.nyc.gov/article-ii/chapter-3#23-31), inclusive, may also be permitted in the open area between the ***street wall*** and the ***street line***.
23-311
### [Permitted obstructions in all yards, courts and open areas](https://zr.planning.nyc.gov/article-ii/chapter-3/23-311)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22342 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22342 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-311
In all ***Residence Districts***, the following obstructions shall be permitted within any required ***yard***, ***rear yard equivalent***, ***court*** or other required open area. These allowances are generally common to ***Residence***, ***Commercial*** and ***Manufacturing Districts***.
1. ***Accessory*** mechanical equipment, limited in depth to 18 inches from an exterior wall;
2. Arbors or trellises;
3. 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; and
2. shall have solid surfaces that, in aggregate, cover an area no more than 30 percent of the area of the ***building*** wall (as viewed in elevation) from which they project;
4. Bicycle or micromobility parking, including necessary ancillary structures;
5. Canopies;
6. Chimneys, projecting not more than three feet into, and not exceeding two percent of the area of, the required ***yard*** or ***rear yard equivalent***;
7. Eaves, gutters, downspouts, or other similar projections, extending 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;
8. Electric vehicle charging equipment;
9. Flagpoles;
10. ***Qualifying exterior wall thickness***;
11. Ramps or lifts for people with physical disabilities;
12. Solar energy systems, ***accessory*** or as part of an ***energy infrastructure equipment***:
1. 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; or
2. above other permitted obstructions, as applicable, provided that the additional height shall be limited to 18 inches;
13. Terraces or porches, open;
14. Window sills, or similar projections extending into such ***yard*** or ***rear yard equivalent*** not more than four inches.
23-312
### [Additional permitted obstructions generally permitted in all yards](https://zr.planning.nyc.gov/article-ii/chapter-3/23-312)
[■]("Recently Corrected")
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22343 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22343 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-312
In all ***Residence Districts***, the obstructions set forth in Section [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311) (Permitted obstructions in all yards, courts and open areas), as well as the following obstructions, shall be permitted within any ***yard*** or ***rear yard equivalent***:
1. Balconies, unenclosed, of a ***building*** containing ***residences*** subject to the applicable provisions of Section [23-62](https://zr.planning.nyc.gov/article-ii/chapter-3#23-62). Such balconies are not permitted in ***side yards*** or within five feet of the ***side lot line*** or ***rear lot line*** in a ***rear yard*** or ***rear yard equivalent***;
2. Fences, not exceeding four feet in height above adjoining grade in any ***front yard***, except that for ***corner lots*** a fence may be up to six feet in height within that portion of one ***front yard*** that is between a ***side lot line*** and the prolongation of the side wall of the ***residence*** facing such ***side lot line***;
3. Fire escapes, projecting into a ***front yard***, only in such cases where the fire escape is required for the ***conversion*** of a ***building*** in existence before December 15, 1961;
4. Overhanging portions of a ***single-*** or ***two-family residence*** , which are above the first ***story*** including the ***basement*** and which project not more than three feet into the ***front yard***. In no case shall the lowest level of the projected portion be less than seven feet above the level of the ***front yard*** at the face of the ***building***. Supports for the projected portion of any ***building*** are permitted obstructions within the required ***front yard***, provided that the total area occupied by such supports does not exceed 15 percent of the area underneath the projected portion. No support may extend beyond the three-foot projection;
5. Parking spaces for automobiles, off-street, open, ***accessory***, within a ***side*** or ***rear yard***;
6. Parking spaces, off-street, open, within a ***front yard***, that are ***accessory*** to a ***building*** containing ***residences***, subject to the provisions of Section [25-621](https://zr.planning.nyc.gov/article-ii/chapter-5#25-621) (Location of parking spaces in certain districts) and Section [25-622](https://zr.planning.nyc.gov/article-ii/chapter-5#25-622) (Location of parking spaces in lower density growth management areas).
However, no parking spaces of any kind shall be permitted in any ***front yard*** in an R4B, R5B or R5D District, or the ***front yard*** of a ***building*** containing ***residences*** on a ***qualifying residential site*** in an R1 through R5 District. Furthermore, no parking spaces of any kind shall be permitted in any ***front yard*** on a ***zoning lot*** containing an ***attached*** or ***semi-detached*** ***building*** in an R1, R2, R3A, R3X, R4A or R5A District, or in any ***front yard*** on a ***zoning lot*** containing an ***attached*** ***building*** in an R3-1 or R4-1 District;
7. ***Energy infrastructure equipment*** and ***accessory*** mechanical equipment, provided that:
1. all equipment shall be subject to the applicable provisions of Section [26-50](https://zr.planning.nyc.gov/article-ii/chapter-6#26-50) (SPECIAL SCREENING AND ENCLOSURE PROVISIONS);
2. the size of all equipment, including any screening or portions of any ***building or other structure*** enclosing such equipment, shall not exceed:
1. an area equivalent to 25 percent of a required ***yard***, or ***rear yard equivalent***, and in addition, in ***front yards***, is limited to an area not exceeding 25 square feet. However, for ***corner lots***, one ***front yard*** may be treated as a ***side yard*** for the purpose of applying such size restrictions;
2. in R1 through R5 Districts, a height of 10 feet above the adjoining grade in ***rear yards***, ***rear yard equivalents*** and ***side yards***, or a height of five feet above the adjoining grade in ***front yards***; and
3. in R6 through R12 Districts, a height of 15 feet above the adjoining grade;
8. Steps, provided that such steps access only the lowest ***story*** or ***cellar*** of a ***building*** fronting on a ***street***, which may include a ***story*** located directly above a ***basement***;
9. Swimming pools, ***accessory***, above-grade structures limited to a height not exceeding eight feet above the level of the ***rear yard*** or ***rear yard equivalent***. ***Accessory*** swimming pools are not permitted obstructions in any ***front yard***;
10. Walls, not exceeding eight feet in height above adjoining grade and not roofed or part of a ***building***, and not exceeding four feet in height in any ***front yard***, except that for ***corner lots***, a wall may be up to six feet in height within that portion of one ***front yard*** that is between a ***side lot line*** and the prolongation of the side wall of the ***residence*** facing such ***side lot line***.
23-313
### [Level and measurement of yards](https://zr.planning.nyc.gov/article-ii/chapter-3/23-313)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18039 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18039 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-313
In all ***Residence Districts***, the level of a ***yard*** or of a ***rear yard equivalent*** shall not be higher than ***curb level***, except that natural grade level need not 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 where permitted as an obstruction pursuant to Section [23-30](https://zr.planning.nyc.gov/article-ii/chapter-3#23-30), inclusive.
The width or depth of a ***yard*** or ***rear yard equivalent*** shall be measured perpendicular to ***lot lines***.
23-32
### [Front Yard Requirements](https://zr.planning.nyc.gov/article-ii/chapter-3/23-32)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22757 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22757 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-32
23-321
### [Basic front yard requirements in R1 through R5 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3/23-321)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18044 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18044 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-321
R1 R2 R3 R4 R5
In the districts indicated, ***front yards*** shall be provided as set forth in the following table, except as further modified by the provisions of this Section.
| | |
|---|---|
| **District** | **Front Yard** |
| R1 | 20 feet |
| R2 R2A R2X R3-1 R3-2 | 15 feet |
| R3A R3X R4 R4-1 R4A R5 R5A | 10 feet |
| R4B R5B R5D | 5 feet |
For the purpose of this Section, the area between the ***street line*** and the ***street wall line*** of adjacent ***buildings*** containing ***residences*** on the same or adjoining ***zoning lots*** fronting on the same ***street*** shall be considered adjacent ***front yards***.
Minimum ***front yard*** yards shall be modified as follows:
1. For ***qualifying residential sites*** with a ***lot width*** of at least 150 feet, the applicable ***front yard*** depth set forth in the table may be reduced by five feet, except that a ***front yard*** shall be no shallower than five feet;
2. For a ***corner lot***, one ***front yard*** may have a depth that is five feet shallower than the applicable depth set forth in the table, except that a ***front yard*** shall be no shallower than five feet;
3. Where an adjacent ***front yard*** is shallower than the minimum required pursuant to the applicable district regulations, then the ***front yard*** may be as shallow as the shallowest adjacent ***front yard***. However, a ***front yard*** shall be no shallower than five feet;
4. In R4B and R5B Districts, a ***front yard*** shall be no deeper than the deepest adjacent ***front yard*** and no shallower than the shallowest adjacent ***front yard***. However, a ***front yard*** shall be no shallower than five feet, and need not exceed 15 feet in depth. Where the ***street walls*** surrounding the subject ***building*** do not have a ***prevailing street wall frontage***, these ***front yard*** line-up provisions need not apply; and
5. To accommodate ***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 encroach into a required ***front yard***, provided that no encroachment exceeds a depth of three feet, as measured perpendicular to the ***street wall***, or portion thereof.
23-322
### [Front yard requirements for R6 through R12 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3/23-322)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22758 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22758 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-322
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, no ***front yard*** requirements shall apply.
23-33
### [Side Yard Requirements](https://zr.planning.nyc.gov/article-ii/chapter-3/23-33)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22759 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22759 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-33
23-331
### [Permitted obstructions in certain side yards](https://zr.planning.nyc.gov/article-ii/chapter-3/23-331)
Last Amended12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22953 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22953 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-331
In all ***Residence Districts***, the obstructions set forth in Section [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311) (Permitted obstructions in all yards, courts and open areas) and [23-312](https://zr.planning.nyc.gov/article-ii/chapter-3#23-312) (Additional permitted obstructions generally permitted in all yards) shall be permitted within required ***side yards*** and required open areas along ***side lot lines***. In addition, the following obstructions shall be permitted within certain portions of required ***side yards*** and required open areas along ***side lot lines***:
1. on ***corner lots***, enclosed ***accessory*** off-street parking spaces may be located in any portion that is within 30 feet of both ***side lot lines***. However, in R1 or R2A Districts on ***zoning lots*** whose mean width is 45 feet or more, no portion of such structure shall be located less than five feet from any ***side lot line***; and
2. on ***zoning lots*** other than ***corner lots***, the permitted obstructions listed in Section [23-341](https://zr.planning.nyc.gov/article-ii/chapter-3#23-341) (Permitted obstructions in required rear yards or rear yard equivalents) may be located in any portion that is within 30 feet of a ***rear lot line*** or within 10 feet of a ***rear yard equivalent***.
23-332
### [Basic side yard requirements in R1 through R5 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3/23-332)
[■]("Recently Corrected")
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18047 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18047 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-332
R1 R2 R3 R4 R5
1. ***Detached*** ***buildings***
In the districts indicated, for ***zoning lots*** containing only ***single-*** or ***two-family*** ***detached*** ***residences***, two ***side yards***, shall be provided. In R1 Districts the minimum width of each ***side yard*** shall be eight feet, and in all other districts, the minimum width shall be five feet.
R3 R4 R5
1. ***Semi-detached*** ***buildings*** and ***zero lot line buildings***
In the districts indicated, for ***zoning lots*** containing only ***single-*** or ***two-family*** ***semi-detached*** or ***zero lot line*** ***residences***, a ***side yard*** with a minimum width of five feet shall be provided.
In addition, where an adjoining ***zoning lot*** contains a ***single-*** or ***two-family*** ***detached*** ***semi-detached***, or ***zero lot line*** ***residence***, an open area with a minimum total width of eight feet shall be required between the ***building*** on the subject ***zoning lot*** and the ***residence*** on the adjacent ***zoning lot***.
R3-2 R4 R4B R5 R5B R5D
1. Other ***residences***
In the districts indicated, for ***zoning lots*** containing ***residences*** that are not subject to paragraphs (a) or (b) of this Section, no ***side yards*** shall be required. However, if any open area extending along a ***side lot line*** is provided at any level, it shall have a minimum width of five feet, measured perpendicular to the ***side lot line***. Furthermore, where a ***zoning lot*** adjoins a ***zoning lot*** containing exclusively ***single-*** or ***two-family*** ***residences***, and where a ***side yard*** with a minimum width of three feet or more is provided along the common ***side lot line***, an open area with a minimum total width of eight feet shall be required between the ***building*** on the subject ***zoning lot*** and the ***residence*** on the adjacent ***zoning lot***.
R1 R2 R3 R4 R5
1. Permitted obstructions in open areas between ***buildings***
Only ***accessory*** mechanical equipment limited in depth to 18 inches from an exterior wall, chimneys, downspouts, eaves, gutters, open ***accessory*** off-street parking spaces, ***qualifying exterior wall thickness***, ramps for access by people with disabilities, and steps as set forth in the applicable provisions of Sections [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311) and [23-312](https://zr.planning.nyc.gov/article-ii/chapter-3#23-312) shall be permitted obstructions in open areas between ***buildings***, provided that such obstructions, not including ***accessory*** off-street parking spaces, ***qualifying exterior wall thickness*** or ***accessory*** mechanical equipment, may not reduce the minimum width of the open area by more than three feet.
23-333
### [Modified side yard requirements for qualifying residential sites](https://zr.planning.nyc.gov/article-ii/chapter-3/23-333)
[■]("Recently Corrected")
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22760 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22760 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-333
R1 R2 R3 R4 R5
In the districts indicated, for ***residences*** on ***qualifying residential sites***, no ***side yards*** shall be required. However, if any open area extending along a ***side lot line*** is provided at any level, it shall have a minimum width of five feet, measured perpendicular to the ***side lot line***.
Furthermore, except as provided for by paragraph (c) of Section [23-332](https://zr.planning.nyc.gov/article-ii/chapter-3#23-332) (Basic side yard requirements in R1 through R5 Districts), where a ***building*** containing ***residences*** on an adjacent ***zoning lot*** has a ***side yard*** adjoining the subject ***zoning lot*** an open area with a minimum width of five feet, measured perpendicular to the ***side lot line*** shall be provided, and shall extend along the entire ***side lot line***.
23-334
### [Modified side yard requirements for existing narrow zoning lots](https://zr.planning.nyc.gov/article-ii/chapter-3/23-334)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18053 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18053 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-334
R1 R2 R3 R4 R5
In the districts indicated, where the width of a ***zoning lot*** is less than that required under the provisions of Section [23-11](https://zr.planning.nyc.gov/article-ii/chapter-3#23-11) (Lot Area and Lot Width Regulations in R1 Through R5 Districts), for a ***single-*** or ***two-family residence***, the required total width of ***side yards***, or minimum open area provided along a ***side lot line***, as applicable, may be reduced by four inches for each foot by which the width of a ***zoning lot*** is less than that required, and where applicable, the minimum distance required between a ***residence*** on an adjacent ***zoning lot*** may be reduced by six inches for each foot by which the width of a ***zoning lot*** is less than that required, provided that the narrow lot condition was in existence on December 15, 1961, and, subsequently, such narrow lot condition has neither increased nor decreased in width.
However, in no event shall the required width of a ***side yard*** or open area be less than three feet and, where applicable, the minimum distance between a ***residence*** on an adjacent ***zoning lot*** be less than five feet.
23-335
### [Side yard requirements for R6 through R12 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3/23-335)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18048 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18048 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-335
R6 R7 R8 R9 R10 R11 R12
1. ***Detached*** ***buildings***
In the districts indicated, for ***zoning lots*** containing only ***single-family*** or ***two-family*** ***detached*** ***residences***, two ***side yards***, each with a minimum width of five feet, shall be provided.
2. All other ***buildings***
In the districts indicated, for ***zoning lots*** containing all other types of ***residences***, no ***side yards*** shall be required. However, if any open area extending along a ***side lot line*** is provided at any level, it shall have a minimum width of five feet, measured perpendicular to the ***side lot line***.
23-34
### [Rear Yard and Rear Yard Equivalent Requirements](https://zr.planning.nyc.gov/article-ii/chapter-3/23-34)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22761 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22761 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-34
23-341
### [Permitted obstructions in required rear yards or rear yard equivalents](https://zr.planning.nyc.gov/article-ii/chapter-3/23-341)
[■]("Recently Corrected")
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22762 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22762 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-341
1. In all ***Residence Districts***, the obstructions set forth in Sections [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311) and [23-312](https://zr.planning.nyc.gov/article-ii/chapter-3#23-312), as well as the following obstructions shall be permitted within any required ***rear yard*** or ***rear yard equivalent***. These allowances are generally common to ***Residence***, ***Commercial*** and ***Manufacturing Districts***.
1. Breezeways;
2. Fire escapes;
3. Greenhouses, non-commercial, ***accessory***, limited to one ***story*** or 15 feet in height above adjoining grade, whichever is less, and limited to an area not exceeding 25 percent of a required ***rear yard***;
4. Recreational or drying yard equipment;
5. Sheds, tool rooms or other similar ***accessory*** ***buildings or other structures*** for domestic or agricultural storage, with a height not exceeding 10 feet above the level of the ***rear yard*** or ***rear yard equivalent***;
6. Solar energy systems, ***accessory*** or as part of an ***energy infrastructure equipment***:
1. 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; however, limited to 18 inches in height as measured perpendicular to the roof surface when located above a ***detached*** ***accessory*** ***building or other structure***, or on any roof with a slope greater than 20 degrees; or
2. affixed to solar canopies and located over any otherwise unenclosed ***accessory*** off-street parking space, provided that the height shall not exceed 15 feet above the level of the adjoining grade;
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***.
2. In all ***Residence Districts***, the obstructions set forth in Sections [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311) and [23-312](https://zr.planning.nyc.gov/article-ii/chapter-3#23-312), as well as the following obstructions shall be permitted within any required ***rear yard*** or ***rear yard equivalent***.
1. Balconies, unenclosed, subject to the provisions of Section [23-62](https://zr.planning.nyc.gov/article-ii/chapter-3#23-62);
2. Parking spaces, off-street, ***accessory***, for automobiles or bicycles, provided that:
1. if ***accessory*** to a ***single-*** or ***two-family residence***, the height of a ***building*** containing such parking spaces shall not exceed 10 feet in height above the adjoining grade and such ***building*** shall be ***detached*** from such ***residence***. Parking spaces shall also be permitted in ***buildings*** allowed as permitted obstructions pursuant to paragraph (b)(4) of this Section, provided that the portion allocated to parking spaces does not exceed 10 feet in height;
2. if ***accessory*** to any other kind of ***building*** containing ***residences***, the height of a ***building***, or portion thereof, containing such parking spaces within the ***rear yard***, shall not exceed 15 feet above ***base plane***. In addition, decks, parapet walls, roof thickness, skylights, vegetated roofs, and weirs, as set forth in Section [23-41](https://zr.planning.nyc.gov/article-ii/chapter-3#23-41) (Permitted Obstructions), inclusive, limited to 18 inches in height, as measured perpendicular to the roof surface, shall be permitted upon the roof of such ***accessory*** ***building*** within the ***rear yard***;
3. enclosed ***accessory*** parking spaces for bicycles shall be ***accessory*** to a ***residence*** other than a ***single-*** or ***two-family residence***, attached to a ***building***, and the area dedicated to such spaces shall not exceed the area of bicycle parking spaces permitted to be excluded from ***floor area*** pursuant to Section [25-85](https://zr.planning.nyc.gov/article-ii/chapter-5#25-85) (Floor Area Exemption);
3. any portion of a ***building*** used for ***residential uses*** other than ***dwelling units*** in ***buildings*** containing ***qualifying senior housing***, provided that:
1. such ***zoning lot*** is located in an R6 through R12 Districts other than R6B, R7B or R8B Districts;
2. such ***building*** portion is located within 100 feet of a ***wide street***;
3. the height of such ***building*** portion does not exceed one ***story***, or 15 feet above the adjoining grade, whichever is less; and
4. such space shall be accessible to all residents of the ***building***.
In addition, decks, parapet walls, roof thickness, skylights, vegetated roofs and weirs, as set forth in Section [23-41](https://zr.planning.nyc.gov/article-ii/chapter-3#23-41) (Permitted Obstructions), inclusive, limited to 18 inches in height, as measured perpendicular to the roof surface, shall be permitted upon the roof of such portion of a ***building*** within the ***rear yard***.
4. for ***single-*** or ***two- family residences***, any portion of a ***building*** used for ***residential uses***, provided that:
1. for any ***ancillary dwelling unit*** associated with a ***detached***, ***zero lot line*** or ***semi-detached*** ***building***, the height, at any level, shall be limited to one ***story***, not to exceed 15 feet. However, where an ***accessory*** parking space is provided below a portion of a ***building*** containing an ***ancillary dwelling unit***, the height of such ***building***, and an associated ***ancillary dwelling unit***, shall not exceed two ***stories*** or 25 feet in height above adjoining grade, whichever is less, including the apex of a pitched roof;
2. for ***detached*** and ***zero lot line*** ***buildings***, the height of all other portions of ***buildings*** not containing an ***ancillary dwelling unit*** shall be limited to two ***stories*** or 25 feet in height above adjoining grade, whichever is less, including the apex of a pitched roof;
3. the size shall be limited to an area not exceeding one-third of the ***rear yard*** or ***rear yard equivalent***; and
4. where such ***building*** is free-standing from other existing ***buildings*** on the ***zoning lot***, it shall not be closer than five feet to a ***rear lot line*** or ***side lot line***.
In addition, parapet walls, roof thickness, skylights, vegetated roofs and weirs, as set forth in Section [23-41](https://zr.planning.nyc.gov/article-ii/chapter-3#23-41) (Permitted Obstructions), inclusive, limited to 18 inches in height, as measured perpendicular to the roof surface, shall be permitted upon the roof of such portion of a ***building*** within the ***rear yard***.
However, no portion of a ***rear yard equivalent*** which is also a required ***front yard*** or required ***side yard*** may contain any obstructions not permitted in such ***front yard*** or ***side yard***.
23-342
### [Rear yard requirements](https://zr.planning.nyc.gov/article-ii/chapter-3/23-342)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18051 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18051 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-342
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In all districts, ***rear yards*** shall be provided on ***interior lots*** in accordance with this Section., except as otherwise provided pursuant to the provisions of Section [23-34](https://zr.planning.nyc.gov/article-ii/chapter-3#23-34), inclusive.
1. Standard lots
In the districts indicated, a ***rear yard*** shall be provided as follows:
1. For ***detached*** and ***zero lot line buildings***, for ***buildings*** or portions thereof at or below a height of 75 feet, as measured from ***base plane***, a ***rear yard*** with a depth of not less than 20 feet shall be provided at every ***rear lot line*** on any ***zoning lot***, and for portions above 75 feet, where permitted, a ***rear yard*** with a depth of 30 feet shall be provided; and
2. For ***semi-detached*** and ***attached*** ***buildings***:
1. for ***zoning lots*** with a ***lot width*** of less than 40 feet, a ***rear yard*** with a depth of not less than 30 feet shall be provided at every ***rear lot line*** on any ***zoning lot***; and
2. for ***zoning lots*** with a ***lot width*** of 40 feet or greater, for ***buildings*** or portions thereof at or below a height of 75 feet, as measured from ***base plane***, a ***rear yard*** with a depth of not less than 20 feet shall be provided at every ***rear lot line*** on any ***zoning lot***, and for portions above 75 feet, where permitted, a ***rear yard*** with a depth of 30 feet shall be provided.
2. Shallow lots
In the districts indicated, the provisions of this Section may be modified where an ***interior lot*** is less than 95 feet deep at any point, and the shallow lot condition was in existence on December 15, 1961, and, subsequently, such shallow lot condition has neither increased nor decreased in depth.
For such shallow ***interior lots***, or portions thereof, the depth of a required ***rear yard*** set forth for standard lots may be reduced by six inches for each foot by which the depth of a ***zoning lot***, or portion thereof, is less than 95 feet. However, in no event shall the minimum depth of a ***required yard***, or portion thereof, be reduced to less than 10 feet.
23-343
### [Rear yard equivalent requirements](https://zr.planning.nyc.gov/article-ii/chapter-3/23-343)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18060 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18060 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-343
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In all districts, ***rear yard equivalents*** shall be provided on ***through lots*** in accordance with this Section, except as otherwise provided pursuant to the provisions of Section [23-34](https://zr.planning.nyc.gov/article-ii/chapter-3#23-34), inclusive.
1. Exceptions
No ***rear yard equivalent*** regulations shall apply:
1. to any ***through lots*** that extend less than 110 feet in maximum depth from ***street*** to ***street***;
2. to ***large sites***;
3. to any ***zoning lot*** that includes a ***through lot*** portion that is contiguous on one side to two ***corner lot*** portions and such ***zoning lot*** occupies the entire ***block*** frontage of a ***street***; or
4. to any ***zoning lot*** occupying an entire ***block***.
2. Depth requirement
1. For standard lots
On any ***through lot*** that is 190 feet or more in maximum depth from ***street*** to ***street***, for ***buildings*** or portions thereof at or below a height of 75 feet, a ***rear yard equivalent*** consisting of an open area with a minimum depth of 40 feet shall be provided, and above a height of 75 feet, where permitted, a ***rear yard equivalent*** of 60 feet shall be provided.
2. For shallow lots
The depth of a ***rear yard equivalent*** may be reduced where a ***through lot*** is less than 190 feet deep at any point, and the shallow lot condition was in existence on December 15, 1961, and, subsequently, such shallow lot condition has neither increased nor decreased in depth.
For such shallow ***through lots***, or portions thereof, the depth of a required ***rear yard equivalent*** set forth for standard ***through lots*** in this Section, may be reduced by one foot by which the depth of a ***zoning lot***, or portion thereof, is less than 190 feet. However, in no event shall the minimum depth of a ***required yard***, or portion thereof, be reduced to less than 20 feet.
3. Location requirement
1. Standard location
A ***rear yard equivalent*** shall be provided midway, or within 10 feet of being midway, between the two ***street lines*** upon which such ***through lot*** fronts.
2. Alternative location allowances
Alternatively, for ***zoning lots*** utilizing the height and setback provisions for eligible sites in Section [23-434](https://zr.planning.nyc.gov/article-ii/chapter-3#23-434), the tower regulations of Section [23-435](https://zr.planning.nyc.gov/article-ii/chapter-3#23-435), or other height and setback provisions of this Resolution that modify or supersede the underlying provisions for R10 Districts without a letter suffix, or for shallow lots eligible for the provisions of paragraph (b)(2) of this Section, the following options may be applied:
1. open areas adjoining and extending along the full length of either or both ***street lines***, where the combined depth of such open areas is equivalent to the depth of the required ***rear yard equivalent***;
2. open areas adjoining and extending along the full length of each ***side lot line*** with a minimum width equivalent to half of the required ***rear yard equivalent***, as measured perpendicular from each ***side lot line***. However, the width of such open area along one ***side lot line*** may be decreased provided that a corresponding increase in width is made along the other ***side lot line*** and further provided that any open area shall have a minimum width of five feet. The allowances for permitted obstructions in any ***yard*** or ***rear yard equivalent*** set forth in Sections [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311) and [23-312](https://zr.planning.nyc.gov/article-ii/chapter-3#23-312) shall be permitted in such open areas.
Any such ***rear yard equivalent*** shall be unobstructed from its lowest level to the sky, except as provided in Section [23-341](https://zr.planning.nyc.gov/article-ii/chapter-3#23-341) (Permitted obstructions in required yards or rear yard equivalents).
23-344
### [Additional rear yard modifications](https://zr.planning.nyc.gov/article-ii/chapter-3/23-344)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18052 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18052 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-344
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In all districts, as indicated, the ***rear yard*** requirements set forth in Section [23-342](https://zr.planning.nyc.gov/article-ii/chapter-3#23-342) (Rear yard requirements) and the ***rear yard equivalent*** requirements of Section [23-343](https://zr.planning.nyc.gov/article-ii/chapter-3#23-343) (Rear yard equivalent requirements) shall be modified as set forth in this Section.
1. Within one hundred feet of corners
In the districts 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.
2. Along ***short dimension of a block***
In the districts indicated, whenever a ***front lot line*** of a ***zoning lot*** coincides with the ***street line*** of the ***short dimension of a block***, no ***rear yard*** shall be required within 100 feet of such ***street line***
3. Beyond one hundred feet of a ***street line***
In all districts, as indicated, for ***interior*** or ***through lot*** portions of ***corner lots***, and for ***zoning lots*** bounded by two or more ***streets*** that are neither ***corner lots*** nor ***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 the following rules shall apply along such ***rear lot line***:
1. In all districts, a ***rear yard*** shall be provided in accordance with Section [23-342](https://zr.planning.nyc.gov/article-ii/chapter-3#23-342) (Rear yard requirements), where such ***rear lot line*** coincides with a ***rear lot line*** of an adjoining ***zoning lot***.
2. In R1 through R5 Districts, a ***rear yard*** with a minimum depth of five feet shall be provided where such ***rear lot line*** coincides with a ***side lot line*** of an adjoining ***zoning lot***.
3. In R6 through R12 Districts, no ***rear yard*** shall be required where such ***rear lot line*** coincides with a ***side lot line*** of an adjoining ***zoning lot***.
4. For zoning lots with multiple ***rear lot lines***
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 along such ***rear lot line***:
1. In all districts, where any such ***rear lot line*** coincides with the ***rear lot line*** of an adjoining ***zoning lot***, a ***rear yard*** shall be provided in accordance with Section [23-342](https://zr.planning.nyc.gov/article-ii/chapter-3#23-342) (Rear yard requirements).
2. In R1 through R5 Districts, a ***rear yard*** with a minimum depth of five feet shall be provided where such ***rear lot line*** coincides with a ***side lot line*** of an adjoining ***zoning lot***.
3. In R6 through R12 Districts, no ***rear yard*** shall be required where such ***rear lot line*** coincides with a ***side lot line*** of an adjoining ***zoning lot***.
4. In all districts, 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.
23-35
### [Court Regulations](https://zr.planning.nyc.gov/article-ii/chapter-3/23-35)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18107 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18107 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-35
***Inner court*** regulations are set forth in Section [23-352](https://zr.planning.nyc.gov/article-ii/chapter-3#23-352) and ***outer court*** regulations are set forth in Section 23-353. Permitted obstructions in such ***courts*** are set forth in Section 23-351.
These regulations shall not apply to any ***single-*** or ***two-family*** ***detached*** ***residence***.
A corner of a ***court*** may be cut off between walls of the same ***building***, provided that the length of the wall of such cut-off does not exceed seven feet.
The Commissioner of Buildings may approve minor recesses, projections and architectural treatment of the outline of ***courts*** as long as these variations do not substantially change the depth or width of the ***court***.
23-351
### [Permitted obstructions in courts](https://zr.planning.nyc.gov/article-ii/chapter-3/23-351)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18120 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18120 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-351
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the obstructions permitted in Section [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311) (Permitted obstructions in all yards, courts and open areas), as well as the following obstructions, shall be permitted within the minimum area and dimensions needed to satisfy the requirements for a ***court***. For the purposes of applying such allowances to ***courts***, all percentage calculations shall be applied to the area of the ***court*** instead of the ***yard***:
1. Fences;
2. Fire escapes in ***outer courts***;
Fire escapes in ***outer court recesses*** not more than five feet in depth;
Fire escapes in ***inner courts*** where such fire escapes are required as a result of alterations in ***buildings*** existing before December 15, 1961;
Fire escapes in ***outer court recesses*** more than five feet in depth where such fire escapes are required as a result of alterations in ***buildings*** existing before December 15, 1961;
3. ***Energy infrastructure equipment*** and ***accessory*** mechanical equipment, subject to the requirements set forth in paragraph (g) of Section [23-312](https://zr.planning.nyc.gov/article-ii/chapter-3#23-312) (Additional permitted obstructions generally permitted in all yards);
4. Recreational or drying yard equipment.
In addition, for ***courts*** at a level higher than the first ***story***, decks, skylights, parapet walls, roof thickness, solar energy systems up to four feet high, vegetated roofs, and weirs, as set forth in Section [23-41](https://zr.planning.nyc.gov/article-ii/chapter-3#23-41) (Permitted Obstructions), inclusive, shall be permitted.
23-352
### [Inner court regulations](https://zr.planning.nyc.gov/article-ii/chapter-3/23-352)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18114 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18114 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-352
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the following ***inner court*** regulations shall apply:
1. where ***legally required windows*** face onto an ***inner court***, for ***buildings*** or portions thereof at or below a height of 75 feet, the area of an ***inner court*** shall not be less than 800 square feet, and the minimum dimension of such ***inner court*** shall not be less than 20 feet, and above a height of 75 feet, where permitted, the area of an ***inner court*** shall not be less than 1,200 square feet, and the minimum dimension of such ***inner court*** shall not be less than 30 feet;
2. where no ***legally required windows*** face onto an ***inner court***, for ***buildings*** or portions thereof at or below a height of 75 feet, the area of such small ***inner court*** shall not be less than 200 square feet and no dimension shall be less than 10 feet, and above a height of 75 feet, where permitted, the area of such small ***inner court*** shall not be less than 300 square feet and no dimension shall be less than 15 feet; and
3. the width of an ***inner court recess*** shall be at least equal to the depth of the ***inner court recess***, except that such width need not exceed the minimum dimension for an ***inner court***, relative to the height.
For the purposes of this Section, that portion of an open area not part of an ***inner court*** and over which, when viewed directly from above, lines perpendicular to a ***lot line*** may be drawn into such ***inner court***, shall be considered part of such ***inner court***.
23-353
### [Outer court regulations](https://zr.planning.nyc.gov/article-ii/chapter-3/23-353)
[■]("Recently Corrected")
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18109 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18109 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-353
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the following ***outer court*** regulations shall apply:
1. where ***legally required windows*** face onto an ***outer court***, the width of such ***outer court*** shall be at least equal to the depth of such ***outer court***, except that an ***outer court*** may extend to any depth where the width of the ***outer court*** is 20 feet or more in ***buildings*** or portions thereof, at or below a height of 75 feet, or where the width of the ***outer court*** is 30 feet or more above a height of 75 feet, where permitted;
2. where no ***legally required windows*** face onto an ***outer court***, for ***buildings*** or portions thereof at or below a height of 75 feet, the area of such small ***outer court*** shall not be less than 200 square feet and no dimension shall be less than 10 feet, and above a height of 75 feet, where permitted, the area of such small ***outer court*** shall not be less than 300 square feet and no dimension shall be less than 15 feet; and
3. the width of an ***outer court recess*** shall be at least equal to the depth of the ***outer court recess***, except where such width permits any depth for an ***outer court***, relative to the height.
23-36
### [Maximum Lot Coverage](https://zr.planning.nyc.gov/article-ii/chapter-3/23-36)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22751 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22751 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-36
For ***developments*** or ***enlargements*** of ***residences***, the maximum ***lot coverage*** regulations are set forth in Section [23-361](https://zr.planning.nyc.gov/article-ii/chapter-3#23-361) for R1 through R5 Districts and Section [23-362](https://zr.planning.nyc.gov/article-ii/chapter-3#23-362) for R6 through R12 Districts. Special rules for certain ***interior*** or ***through lots*** are set forth in Section 23-363.
23-361
### [Maximum lot coverage in R1 through R5 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3/23-361)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22763 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22763 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-361
R1 R2 R3 R4 R5
1. For ***single-*** or ***two-family residences***
In the districts indicated, for ***zoning lots*** with ***buildings*** containing ***single-*** or ***two-family residences***, the maximum ***residential*** ***lot coverage*** shall be as set forth in the following table.
MAXIMUM RESIDENTIAL LOT COVERAGE FOR SINGLE OR TWO-FAMILY RESIDENCES
| | | |
|---|---|---|
| | **Lot type** | |
| **District** | *****Interior lots*** or ***through lots*** (percent)** | *****Corner lots*** (percent)** |
| R1 R2 | 40 | 80 |
| R3 | 50 | 80 |
| R4 R5 | 60 | 80 |
However, in R2X, R3A and R3X Districts, the maximum ***residential*** ***lot coverage*** shall be that ***lot coverage*** remaining after the application of all required ***yards*** on the ***zoning lot***.
2. For ***multiple dwelling residences***
In the districts indicated, for ***zoning lots*** with ***buildings*** containing ***multiple dwelling residences***, where permitted, the maximum ***residential*** ***lot coverage*** for ***interior lots*** or ***through lots*** shall be 80 percent and the maximum ***residential*** ***lot coverage*** for ***corner lots*** shall be 100 percent.
However, for ***large sites*** with ***buildings*** utilizing the provisions of Section [23-425](https://zr.planning.nyc.gov/article-ii/chapter-3#23-425) (Height and setback modifications for large sites), the maximum ***residential*** ***lot coverage*** of the entire site shall be 50 percent. Individual ***corner lot***, ***interior lot***, or ***through lot*** portions may exceed such overall maximum, provided they do not exceed the respective maximums that would apply to ***zoning lots*** that are not ***large sites***.
23-362
### [Maximum lot coverage in R6 through R12 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3/23-362)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22764 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22764 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-362
R6 R7 R8 R9 R10 R11 R12
1. For standard lots
In the districts indicated, the maximum ***residential*** ***lot coverage*** for ***interior lots*** or ***through lots*** shall be 80 percent and the maximum ***residential*** ***lot coverage*** for ***corner lots*** shall be 100 percent.
2. For eligible sites
In the districts indicated, for ***zoning lots*** with ***buildings*** utilizing the eligible site provisions of Section [23-434](https://zr.planning.nyc.gov/article-ii/chapter-3#23-434) (Height and setback modifications for eligible sites), the maximum ***residential*** ***lot coverage*** of the entire site shall be:
1. 65 percent on ***zoning lots*** with a ***lot area*** of 30,000 square feet or more that are not ***large sites***; and
2. 50 percent on ***large sites***.
Individual ***corner lot***, ***interior lot***, or ***through lot*** portions may exceed such overall maximum, provided they do not exceed the respective maximums that would apply to ***zoning lots*** that are not utilizing the eligible site provisions.
23-363
### [Special rules for certain interior or through lots](https://zr.planning.nyc.gov/article-ii/chapter-3/23-363)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18020 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18020 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-363
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the maximum ***lot coverage*** set forth in Section [23-361](https://zr.planning.nyc.gov/article-ii/chapter-3#23-361) (Maximum lot coverage in R1 through R5 Districts) or [23-362](https://zr.planning.nyc.gov/article-ii/chapter-3#23-362) (Maximum lot coverage in R6 through R12 Districts), as applicable, may be increased in accordance with the provisions of this Section.
1. Shallow ***zoning lots***
For ***zoning lots*** eligible for the ***rear yard*** modifications for shallow ***interior lots*** set forth in Section [23-342](https://zr.planning.nyc.gov/article-ii/chapter-3#23-342) (Rear yard requirements) or the ***rear yard equivalent*** modifications for shallow ***through lots*** set forth in Section [23-343](https://zr.planning.nyc.gov/article-ii/chapter-3#23-343) (Rear yard equivalent requirements), the maximum ***lot coverage*** of such ***zoning lot***, or portion thereof, may be increased by one percent for every five feet the depth of such ***zoning lot***, or portion thereof, is less than 95 feet for ***interior lots*** or 190 feet for ***through lots***. Where the ***front lot line*** or ***rear lot line*** of a ***zoning lot*** intersects a ***side lot line*** at an angle other than 90 degrees, the depth of such ***zoning lot***, or portion thereof, shall be measured at the midpoint of such irregularly angled ***lot line***.
In no event shall the maximum ***lot coverage*** of an ***interior lot*** or ***through lot*** exceed 90 percent. Shallow portions of a ***zoning lot*** may exceed such maximum, so long as the adjusted maximum ***lot coverage*** complies with such maximum.
2. Within 100 feet of corners
In the districts indicated, for ***interior*** or ***through lots***, or portions thereof, within 100 feet of the point of intersection of two ***street lines*** intersecting at an angle of 135 degrees or less, the maximum ***lot coverage*** shall be 100 percent.
3. Along the short dimension of the block
In the districts indicated, whenever a ***front lot line*** of an ***interior*** or ***through lot*** coincides with the ***street line*** of the ***short dimension of a block***, the maximum ***lot coverage*** for such ***zoning lot***, or portion thereof, shall be 100 percent within 100 feet of such ***street line***.
23-37
### [Other Open Area Regulations](https://zr.planning.nyc.gov/article-ii/chapter-3/23-37)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22765 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22765 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-37
23-371
### [Standard minimum distance between buildings](https://zr.planning.nyc.gov/article-ii/chapter-3/23-371)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18102 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18102 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-371
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In all districts, as indicated, the minimum distance between the portion of a ***building*** containing ***residences*** and any other ***building*** on the same ***zoning lot*** shall be as provided in this Section.
For the purpose of this Section, ***abutting*** ***buildings*** on a single ***zoning lot*** may be considered a single ***building***. However, if two or more portions of a ***building*** are not connected or not ***abutting*** at a particular level, such separated portions shall comply with the applicable provisions of this Section. In applying such provisions, the height of such separated portions shall be measured from the roof of the connecting or ***abutting*** portion of such ***building***, as applicable, instead of from the ***base plane***.
1. Exceptions
The provisions of this Section shall not apply to:
1. ***buildings*** that are separated from each other by a ***rear yard equivalent***; or
2. space between a ***single-family***, ***two-family***, or three-family ***residence*** and a garage ***accessory*** thereto.
2. For ***single-*** and ***two-family residences***
For ***buildings*** with two or fewer ***dwelling units***, the required minimum distance between any such ***residences*** and any other ***building*** with two or fewer ***dwelling units*** on the same ***zoning lot***, or a non-***residential*** ***building*** on the same ***zoning lot*** shall vary according to the height of such ***buildings***. Such minimum distance shall be measured perpendicular to the ***building*** wall or window, as applicable. However, for ***buildings*** with two or fewer ***dwelling units***, the required minimum distance between any such ***residences*** and an ***ancillary dwelling unit*** on the same ***zoning lot*** shall be 10 feet.
For ***buildings*** with two or fewer ***dwelling units***, the required minimum distance between any such ***residences*** and a ***building*** with three or more ***dwelling units*** on the same ***zoning lot*** shall be subject to the provisions of paragraph (c) of this Section.
| | | | |
|---|---|---|---|
| | **Maximum ***Building*** Height above ***Base Plane*** or ***Curb Level***, as Applicable (in feet)** | | |
| | 35 or less | Between 35 and 50 | Over 50 |
| Minimum distance | 15 | 20 | 30 |
3. For ***buildings*** that contain three or more ***dwelling units***
The minimum distance between a ***building*** containing three or more ***dwelling units*** and any other ***building*** on the ***zoning lot*** shall be applied in accordance with the provisions of this Section. Where two or more portions of a ***building*** are separated completely from one another at a particular level above grade, such separated portions shall comply with paragraph (c)(1) of this Section. Where there are multiple ***buildings*** on a single ***zoning lot*** that do not connect at any level, such ***buildings*** shall comply with paragraph (c)(2) of this Section.
1. For separated portions of a ***building***
The required minimum distance between any separated portion of a ***building*** containing ***dwelling units*** shall be as follows:
1. where ***legally required windows*** face onto a separated portion of a ***building*** at or below a height of 75 feet, the minimum dimension between such separated portions shall not be less than 20 feet, and above a height of 75 feet, where permitted, the minimum dimension shall not be less than 30 feet; and
2. where no ***legally required windows*** face onto a separated portion of a ***building*** at or below a height of 75 feet, the minimum dimension between such separated portions shall not be less than 10 feet, and above a height of 75 feet, where permitted, the minimum dimension shall not be less than 15 feet.
2. Two or more ***buildings*** on a single ***zoning lot***
The minimum distance between two or more ***buildings*** on the same ***zoning lot*** that are not connected at any level shall be 40 feet, as measured between the closest points of such ***buildings***, for portions of ***buildings*** lower than 125 feet, as measured from the ***base plane*** or ***curb level***, as applicable.
Portions of such ***buildings*** higher than 125 feet shall be at least 80 feet apart, as measured between the closest points of such ***buildings***. However, such minimum distance need not exceed 40 feet if such portions of ***buildings*** above a height of 125 feet do not exceed, in aggregate, a ***lot coverage*** of 40 percent or, for lots of less than 20,000 square feet, the percentage set forth in the table below:
AGGREGATED LOT COVERAGE OF PORTIONS OF BUILDINGS ON A SMALL ZONING LOT
| | |
|---|---|
| **Area of ***Zoning Lot***** **(in square feet)** | **Maximum Percent of** *****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 |
4. In addition, the following rules shall apply to:
1. any portion of a ***building*** that qualifies as a ***building segment*** may be treated as a separate ***building*** for the purposes of determining the minimum distance required between such ***building segment*** and another ***building*** or ***building segment***;
2. where ***buildings*** of different heights face each other, the average of the heights of such ***buildings*** shall determine the minimum distance required between them;
3. projections having a maximum height of 25 feet above adjoining grade, a maximum depth of five feet, and an aggregate width not exceeding 25 percent of the ***building*** wall from which they project, may penetrate the minimum spacing requirements. However, such projections shall not be permitted in open spaces provided pursuant to paragraph (c)(2) of this Section; and
4. the obstructions permitted in Section [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311) shall be permitted in such minimum distance.
23-372
### [Distance between legally required windows and lot lines](https://zr.planning.nyc.gov/article-ii/chapter-3/23-372)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18116 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18116 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-372
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
The minimum distance between ***legally required windows*** and walls or ***lot lines*** shall be as set forth in this Section.
For the purposes of this Section, ***abutting*** ***buildings*** on the same ***zoning lot*** shall be considered a single ***building***.
1. Exceptions
This Section shall not apply to ***legally required windows*** in ***buildings*** containing ***residences*** with a maximum height of 35 feet, as measured from ***base plane***, and with a maximum of three ***dwelling units***.
2. Basic provisions
The minimum distance between a ***legally required window*** and:
1. any wall;
2. a ***rear lot line***, or vertical projection thereof; or
3. a ***side lot line***, or vertical projection thereof;
shall be 20 feet, measured in a horizontal plane at the sill level of, and perpendicular to, such window for the full width of the rough window opening.
The obstructions permitted for any ***yard*** set forth in Section [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311) shall be permitted in such minimum distance.
3. For shallow lots
For ***interior lots***, where the depth is less than 95 feet deep at any point, the minimum distance between a ***legally required window*** and a ***rear lot line***, or vertical projection thereof, may be modified to equal the ***rear yard*** depth required for shallow lots pursuant to the provisions of Section [23-342](https://zr.planning.nyc.gov/article-ii/chapter-3#23-342) (Rear yard requirements). However, in no event shall such minimum distance between a ***legally required window*** and a ***rear lot line***, or vertical projection thereof, be less than 10 feet.
4. Special provisions for R3 through R5 Districts
In R3, R4 and R5 Districts, the minimum dimension between a ***legally required window*** and a ***side lot line*** shall be 15 feet. Such 15-foot dimension shall be measured in a horizontal plane perpendicular to the ***side lot line*** or vertical projection thereof. Furthermore, such area with a 15-foot dimension shall be open from its lowest level to the sky for the entire length of the ***side lot line***. Only ***accessory*** mechanical equipment limited in depth to 18 inches from an exterior wall, chimneys, downspouts, eaves, ***qualifying exterior wall thickness***, gutters, open ***accessory*** off-street parking spaces, ramps for access by people with disabilities, and steps shall be permitted obstructions in such open area, subject to the conditions set forth in Sections [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311) or [23-312](https://zr.planning.nyc.gov/article-ii/chapter-3#23-312), provided that such obstructions, not including ***qualifying exterior wall thickness*** and ***accessory*** mechanical equipment, will not reduce the minimum width of the open area by more than three feet.
23-38
### [Special Rules for Certain Areas](https://zr.planning.nyc.gov/article-ii/chapter-3/23-38)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22767 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22767 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-38
23-381
### [Special provisions in other geographies](https://zr.planning.nyc.gov/article-ii/chapter-3/23-381)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22766 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22766 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-381
In all districts, for ***buildings*** containing ***multiple dwelling residences*** on ***zoning lots*** that adjoin a ***public park***, the minimum distance between a ***legally required window*** and a ***lot line*** need not apply to portions of ***buildings*** facing such ***public park*** where the Commissioner of the Department of Parks and Recreation determines that the ***public park*** will provide sufficient access to light and air for such ***building’s*** ***legally required windows***. Where the Commissioner makes such determination, the ***public park*** shall be considered a ***street*** for the purposes of applying other applicable laws or statutes to such ***legally required window***.
23-40
### [HEIGHT AND SETBACK REGULATIONS](https://zr.planning.nyc.gov/article-ii/chapter-3/23-40)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18037 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18037 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-40
Height and setback regulations are set forth in Section [23-42](https://zr.planning.nyc.gov/article-ii/chapter-3#23-42), inclusive, for R1 through R5 Districts and Section [23-43](https://zr.planning.nyc.gov/article-ii/chapter-3#23-43), inclusive, for R6 through R12 Districts. Special rules governing certain areas are set forth in Section [23-44](https://zr.planning.nyc.gov/article-ii/chapter-3#23-44). Permitted obstructions to maximum heights are set forth in Section [23-41](https://zr.planning.nyc.gov/article-ii/chapter-3#23-41).
For ***zoning lots*** with ***buildings*** containing multiple ***uses*** or multiple ***buildings*** with different ***uses***, inclusive of ***residences***, subject to different height and setback regulations for the applicable district, the applicable height and setback regulations shall be whichever regulations permit the tallest overall heights.
23-41
### [Permitted Obstructions](https://zr.planning.nyc.gov/article-ii/chapter-3/23-41)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18072 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18072 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-41
In all ***Residence Districts***, the obstructions set forth in this Section, inclusive, shall be permitted to penetrate a maximum height limit set forth in Sections [23-42](https://zr.planning.nyc.gov/article-ii/chapter-3#23-42) (Height and Setback Requirements in R1 Through R5 Districts), [23-43](https://zr.planning.nyc.gov/article-ii/chapter-3#23-43) (Height and Setback Requirements for R6 Through R12 Districts) or [23-44](https://zr.planning.nyc.gov/article-ii/chapter-3#23-44) (Special Provisions for Certain Areas).
23-411
### [General permitted obstructions](https://zr.planning.nyc.gov/article-ii/chapter-3/23-411)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22344 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22344 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-411
In all ***Residence Districts***, the following obstructions shall be permitted to penetrate a maximum height limit or ***sky exposure plane***. These allowances are generally common to ***Residence***, ***Commercial*** and ***Manufacturing Districts***.
1. 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 railing permitted in accordance with 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;
2. ***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 the applicable height and setback regulations;
3. Chimneys or flues, with a total width not exceeding 10 percent of the ***aggregate width of street walls*** of a ***building*** at any level;
4. Decks, and other surfaces for recreational activities, not more than 3 feet, 6 inches in height, as measured from the maximum height limit;
5. Flagpoles or aerials;
6. Parapets, railings, or safety guards, whether applied singly, or in combination, provided that:
1. parapets shall not exceed four feet in height;
2. railings shall not exceed 4 feet, 6 inches in height, and shall be at least 50 percent open for the portion that exceeds four feet in height; and
3. safety guards shall not exceed 10 feet in height and shall be at least 90 percent transparent for the portion that exceeds four feet in height;
7. ***Qualifying exterior wall thickness***;
8. Roof thickness, up to 12 inches, to accommodate the addition of insulation, for ***buildings*** or portions of ***buildings*** constructed prior to December 5, 2024. For a ***building*** that has added roof thickness pursuant to this paragraph, the height of any other permitted obstruction may be measured from the finished level of the roof instead of the maximum height limit or ***sky exposure plane***;
9. Skylights, clerestories or other daylighting devices, not more than four feet in height, as measured from the maximum height limit. 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;
10. Solar energy systems, ***accessory*** or as part of an ***energy infrastructure equipment***:
1. on the roof, or any portion thereof, of a ***building***, with a slope less than 20 degrees: up to a height of 15 feet, or, when located on a bulkhead or other obstruction of this Section, a height of six feet; or
2. on the roof, or any portion thereof, of a ***building***, which has a slope of more than 20 degrees: up to a height of 60 inches in height, as measured perpendicular to the roof surface;
11. Vegetated roofs, not more than 3 feet, 6 inches in height, excluding vegetation, as measured from the maximum height limit. 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;
12. 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;
13. Window washing equipment mounted on a roof;
14. Wire, chain link or other transparent fences.
23-412
### [Additional permitted obstructions](https://zr.planning.nyc.gov/article-ii/chapter-3/23-412)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22345 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22345 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-412
In all ***Residence Districts***, the obstructions set forth in Section [23-411](https://zr.planning.nyc.gov/article-ii/chapter-3#23-411) (General permitted obstructions), as well as the following obstructions, shall be permitted to penetrate a maximum height limit or ***sky exposure plane***:
1. Balconies, unenclosed, subject to the provisions of Section [23-62](https://zr.planning.nyc.gov/article-ii/chapter-3#23-62) (Balconies);
2. Dormers having an ***aggregate width of street walls*** equal to not more than 50 percent of the width of the ***street wall*** of a ***detached*** or ***semi-detached*** ***single-*** or ***two-family residence***;
3. Elevator or stair bulkheads (including shafts and vestibules), roof water tanks, ***energy infrastructure equipment***, and ***accessory*** mechanical equipment (including enclosures or other screening), other than solar or wind energy systems (whether ***accessory*** or as part of ***energy infrastructure equipment***), 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, does not exceed 30 percent of the ***street wall*** width of the ***building*** facing such frontage;
2. the aggregate area of such obstructions, including any screening, does not exceed 50 percent of the ***lot coverage*** of the ***building*** and the height of such obstructions shall not exceed 15 feet above the maximum permitted height, except where otherwise permitted by paragraph (c)(3) of this Section;
3. the aggregate area of such obstructions, including any screening, does not exceed 30 percent of the ***lot coverage*** of the ***building***, and the height of such obstructions shall not exceed:
1. R1 through R5 Districts, for ***buildings*** on ***qualifying residential sites***, or in R3-2, R4, and R5 Districts, except R4-1, R4A, R4B and R5A Districts, for any ***building***, a height of 25 feet above the maximum permitted height;
2. in R6 through R12 Districts:
1. where the maximum permitted height of a ***building*** is 120 feet or lower, a height of 35 feet above the maximum permitted height; and
2. where the maximum permitted height of a ***building*** is greater than 120 feet, a height of 55 feet above the maximum permitted height; and
4. all equipment shall be subject to the applicable provisions of Section [26-50](https://zr.planning.nyc.gov/article-ii/chapter-6#26-50) (SPECIAL SCREENING AND ENCLOSURE PROVISIONS);
4. Wind energy systems, ***accessory*** or as part of an ***energy infrastructure equipment***, on portions of ***buildings*** with a height of 100 feet or greater, provided:
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. the diameter of the swept area of the rotor does not exceed 15 feet.
23-413
### [Permitted obstructions in certain districts](https://zr.planning.nyc.gov/article-ii/chapter-3/23-413)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18073 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18073 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-413
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
1. In the districts indicated, for those ***buildings*** that are subject to Section [23-421](https://zr.planning.nyc.gov/article-ii/chapter-3#23-421) (Basic pitched-roof envelopes for certain districts), permitted obstructions are limited to chimneys, dormers, ***qualifying exterior wall thickness***, flagpoles or aerials, parapet walls, roof thickness, skylights, solar energy systems and vegetated roofs pursuant to Section [23-411](https://zr.planning.nyc.gov/article-ii/chapter-3#23-411) (General permitted obstructions).
2. In the districts indicated, for ***buildings*** other than those subject to the provisions set forth in Section [23-421](https://zr.planning.nyc.gov/article-ii/chapter-3#23-421), for those ***buildings*** subject to any height and setback regulations, the following rules shall apply within a required front setback distance above a maximum base height:
1. Dormers shall be allowed as a permitted obstruction, provided that on any ***street*** frontage, either one of the following methods is applied:
1. the aggregate width of all dormers at the maximum base height does not exceed 60 percent of the width of the ***street wall*** of the highest ***story***entirely below the maximum base height. For each foot above the maximum base height, the aggregate width of all dormers shall be decreased by one percent of the ***street wall*** width of the highest ***story*** entirely below the maximum base height; or
2. the aggregate width of all dormers at the maximum base height does not exceed 40 percent of the width of the ***street wall*** of the highest ***story*** entirely below the maximum base height. Such dormers need not decrease in width as the height above the maximum base height increases.
Where towers allowances are utilized pursuant to the provisions of Section [23-435](https://zr.planning.nyc.gov/article-ii/chapter-3#23-435), dormers may only rise to a height equivalent to 75 percent of the height of the tower portion. Such dormer shall be included in the calculation of tower coverage.
2. Solar energy systems on a roof shall be limited to four feet or less in height, as measured from the maximum height limit, or the finished level of the roof, whichever is higher. However, on a roof with a slope greater than 20 degrees, such systems shall be limited to 18 inches in height as measured perpendicular to the roof surface.
3. Wind energy systems shall not be allowed as permitted obstructions.
4. Window washing equipment shall not be allowed as permitted obstructions.
23-42
### [Height and Setback Requirements in R1 Through R5 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3/23-42)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18074 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18074 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-42
R1 R2 R3 R4 R5
In the districts indicated, the height and setback regulations of a ***building or other structure*** shall be as set forth in Section [23-421](https://zr.planning.nyc.gov/article-ii/chapter-3#23-421) (Basic pitched-roof envelopes for certain districts) and [23-422](https://zr.planning.nyc.gov/article-ii/chapter-3#23-422) (Basic flat-roof envelopes for certain districts). Where applicable, standard setback provisions are set forth in Section 23-423.
Such heights may be increased on ***qualifying residential sites*** or on ***zoning lots*** containing ***qualifying senior housing***, or for certain ***large sites***, pursuant to Sections [23-424](https://zr.planning.nyc.gov/article-ii/chapter-3#23-424) or [23-425](https://zr.planning.nyc.gov/article-ii/chapter-3#23-425), respectively.
Additional provisions are set forth in Section [23-426](https://zr.planning.nyc.gov/article-ii/chapter-3#23-426) and Section [23-44](https://zr.planning.nyc.gov/article-ii/chapter-3#23-44), inclusive.
The height of all ***buildings or other structures*** shall be measured from the ***base plane***. For the purposes of this Section, where ***base planes*** of different elevations apply to different portions of a ***building or other structure***, each such portion of the ***building*** may be considered to be a separate ***building***. Furthermore, for the purposes of this Section, ***building segments*** may be considered to be separate ***buildings*** and ***abutting*** ***semi-detached*** ***buildings*** may be considered to be one ***building***.
23-421
### [Basic pitched-roof envelopes for certain districts](https://zr.planning.nyc.gov/article-ii/chapter-3/23-421)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18075 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18075 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-421
R1 R2 R3A R3X R3-1 R3-2 R4 R4-1 R4A R5A
In the districts indicated, the height and setback regulations for ***single-*** or ***two-family*** ***detached***, ***semi-detached***, or ***zero lot line*** ***buildings or other structures***, where permitted, shall be set forth in this Section.
The perimeter walls of a ***building or other structure*** are those portions of the outermost walls enclosing the ***floor area*** within a ***building or other structure*** at any level and height is measured from the ***base plane***. Perimeter walls are subject to setback regulations at a maximum height above the ***base plane*** of 25 feet.
Above these heights, sloping planes control the maximum height of the ***building or other structure*** requiring either a setback or a pitched roof. These planes start at the maximum permitted height of the perimeter walls and meet at a ridge line of 35 feet above the ***base plane***. The exact locations of these planes are flexible and are determined in the following steps set forth in paragraphs (a) through (g):
1. At a height of 35 feet above and parallel to the ***base plane***, a plane is projected above the area enclosed by and including the perimeter walls of the ***building or other structure***. A second plane (the perimeter wall plane) is projected in the same manner at a height of 25 feet above the ***base plane***. (See Figure A)
2. Each perimeter wall of the ***building or other structure*** with a horizontal dimension of eight feet or more which projects from an adjacent perimeter wall at least 18 inches may have an apex point directly above it on the 35-foot-high plane. (See Figure B). The location of the apex point is flexible provided it is directly above its perimeter wall and provided a line drawn from the intersection of two perimeter walls to such an apex point does not exceed 80 degrees to the horizontal. An apex point is not required for each qualifying perimeter wall; however, the maximum number of apex points above each such wall is one.
3. One “ridge line” is extended in a straight line from each apex point along the 35-foot-high plane. Ridge lines which connect two apex points may cross other ridge lines. Otherwise, ridge lines which extend from only one apex point must terminate at a point of intersection with another ridge line. (See Figure C)
4. Sloping planes are extended in a straight line outward and downward from each ridge line until they intersect the perimeter wall plane. Every sloping plane generated must intersect the perimeter wall plane for the full width of the ridge line from which it extends. (See Figure D). The maximum angle of pitch for any sloping plane may not exceed 80 degrees to the horizontal. Sloping planes extended from ridge lines perpendicular or within 45 degrees of being perpendicular to each other may intersect, in which case the higher plane defines the limit of the envelope. Sloping planes extended from ridge lines parallel or within 45 degrees of being parallel to each other must intersect the perimeter wall plane without intersecting each other.
5. The perimeter walls are then extended vertically beyond the perimeter wall plane, up to the heights defined by the sloping planes generated in paragraph (d). (See Figure E). The perimeter walls of the ***building or other structure***, the sloping planes and the perimeter wall extensions define the ***building*** envelope. (See Figure F).
6. Special Situations
For convex curved perimeter walls, the ***building or other structure*** must be within a plane curve tapering uniformly to a vertex located at a height of 35 feet. For concave curved perimeter walls, the ***building or other structure*** must lie within a plane curve extending from the maximum perimeter wall height to a ridge line parallel to the prolongation of the perimeter wall at the 35-foot level. Such plane curves may not exceed a pitch of 80 degrees in relation to a plane drawn parallel to the ***base plane*** at the maximum height of the permitted perimeter wall. (See Figure G).
7. In R1 and R2 Districts without a letter suffix, for ***zoning lots*** that either:
1. have a ***lot area*** of at least 9,500 square feet and ***lot width*** of at least 100 feet; or
2. have a slope, as measured from the ***street wall line level*** to the ***rear wall line level***, of at least five percent to the horizontal;
the reference plane for applying the regulations of this Section may be located up to five feet above the ***base plane***.
23-422
### [Basic flat-roof envelopes for certain districts](https://zr.planning.nyc.gov/article-ii/chapter-3/23-422)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22768 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22768 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-422
R3-2 R4 R4B R5 R5B R5D
In the districts indicated, the height and setback regulations for ***buildings or other structures*** shall be set forth in this Section.
R3-2 R4
1. In the districts indicated, for ***residences*** not subject to the provisions of Section [23-421](https://zr.planning.nyc.gov/article-ii/chapter-3#23-421), the maximum ***building*** height shall be 35 feet.
R4B
1. In the district indicated, the maximum ***building*** height shall be 25 feet.
R5B
1. In the district indicated, the maximum ***building*** height shall be 35 feet.
R5
1. In the district indicated, except R5 Districts with a letter suffix, the maximum base height shall be 35 feet, and the maximum ***building*** height shall be 45 feet. At a height not higher than the maximum base height, a setback shall be provided in accordance with Section 23-423.
R5D
1. In the district indicated, the maximum ***building*** height shall be 45 feet.
23-423
### [Standard setback regulations](https://zr.planning.nyc.gov/article-ii/chapter-3/23-423)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22769 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22769 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-423
Where minimum setback regulations are specific for a particular ***building*** envelope for a particular district, the following shall apply.
At a height not higher than the maximum base height specified for the applicable district, a setback with a depth of at least 10 feet shall be provided from any ***street wall*** fronting on a ***wide street***, and a setback with a depth of at least 15 feet shall be provided from any ***street wall*** fronting on a ***narrow street***. Such minimum setbacks may be modified as follows:
1. The depth of such required setback may be reduced by one foot for every foot that the ***street wall*** is located beyond the minimum required ***front yard***, but in no event shall a setback of less than seven feet in depth be provided, except as otherwise set forth in this Section. To allow ***street wall*** articulation, where a ***street wall*** is divided into different segments and located at varying depths from the ***street line***, such permitted setback reduction may be applied to each ***street wall*** portion separately.
2. The depth of such setbacks may include the depth of recesses or ***outer courts*** in the ***street wall*** of the ***building*** base, provided that the aggregate width of any such recessed portion of a ***street wall*** with a setback less than seven feet, as applicable, does not exceed 30 percent of the ***aggregate width of street wall*** at any level.
3. These setback provisions are optional for any ***building*** wall that either is located beyond 50 feet of a ***street line***, or oriented so that lines drawn perpendicular to it, in plan, would intersect a ***street line*** at an angle of 65 degrees or less. In the case of an irregular ***street line***, the line connecting the most extreme points of intersection shall be deemed to be the ***street line***.
4. Dormers provided in accordance with the provisions of Section [23-413](https://zr.planning.nyc.gov/article-ii/chapter-3#23-413) (Permitted obstructions in certain districts) may penetrate a required setback area.
23-424
### [Height and setback requirements for qualifying residential sites](https://zr.planning.nyc.gov/article-ii/chapter-3/23-424)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22770 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22770 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-424
R1 R2 R3 R4 R5
In the districts indicated, for ***qualifying residential sites***, the height and setback modifications set forth in this Section shall apply.
The maximum base height and maximum ***building*** height shall be as set forth in the following table. At a height not higher than the maximum base height, a setback shall be provided in accordance with Section 23-423.
MAXIMUM BASE HEIGHT AND MAXIMUM ***BUILDING*** HEIGHTS FOR ***QUALIFYING RESIDENTIAL SITES*** AND ***QUALIFYING SENIOR HOUSING***
| | | |
|---|---|---|
| **District** | **Maximum Base Height (in feet)** | **Maximum Height of ***Buildings or other Structures*** (in feet)** |
| R1-1 R1-2 R1-2A R2 R2A R2X R3-1 R3-2 R3A R3X | 35 | 35 |
| R4 R4-1 R4A R4B | 35 | 45 |
| R5 R5A R5B R5D | 45 | 55 |
23-425
### [Height and setback modifications for large sites](https://zr.planning.nyc.gov/article-ii/chapter-3/23-425)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22771 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22771 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-425
R1 R2 R3 R4 R5
In the districts indicated, for ***zoning lots*** that meet the criteria of paragraph (a) of this Section, the height and setback modifications set forth in paragraph (b) shall apply.
1. Eligible sites
The provisions of this Section shall apply to ***large sites*** that are ***qualifying residential sites*** or ***zoning lots*** located in R3-2, R4, R5, R5B or R5D Districts.
However, for ***large sites*** with existing ***buildings***, eligible portions of the ***zoning lot*** for ***developments*** or ***enlargements***:
1. shall not include open space with amenities used for recreational purposes, such as play equipment, court game facilities, ball fields or fixed tables and chairs, unless such space is replaced in kind and size on the same ***zoning lot***; and
2. shall be located, partially or entirely, within 100 feet of a ***street line***.
2. Modified height and setback provisions
For eligible ***zoning lots***, the maximum base height and maximum ***building*** heights set forth in Section [23-424](https://zr.planning.nyc.gov/article-ii/chapter-3#23-424) shall apply. However, where either the height at roof level of an existing ***building***, or ornamental features in an existing non-***residential*** ***building or other structure***, meet or exceed the maximum heights set forth in such table, the maximum heights may be increased by 10 feet, or the height of such roof level or ornamental feature, whichever is lower.
23-426
### [Additional height and setback provisions](https://zr.planning.nyc.gov/article-ii/chapter-3/23-426)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22772 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22772 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-426
R1 R2 R3 R4 R5
In the districts indicated, the following additional regulations shall apply:
1. For any ***zoning lot*** located in a Historic District designated by the Landmarks Preservation Commission, any applicable maximum height regulations of Section [23-42](https://zr.planning.nyc.gov/article-ii/chapter-3#23-42), inclusive, or as modified in any applicable Special District, may be modified as follows: the maximum base height may vary between the maximum set forth in Sections [23-422](https://zr.planning.nyc.gov/article-ii/chapter-3#23-422), [23-424](https://zr.planning.nyc.gov/article-ii/chapter-3#23-424), and [23-425](https://zr.planning.nyc.gov/article-ii/chapter-3#23-425), and the height of an adjacent ***building*** before setback, if such height is higher than the maximum base height.
2. For ***buildings*** containing ***multiple dwelling residences*** with ***street wall*** widths exceeding 150 feet, as measured parallel to the ***street line***, a minimum of 20 percent of the entire surface area of each ***street wall*** shall either recess or project a minimum of three feet from the ***street wall***. The depth of required recesses or projections of a ***building*** shall be measured from the ***street wall***.
23-43
### [Height and Setback Requirements in R6 Through R12 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3/23-43)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18083 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18083 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-43
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the ***street wall*** location of a ***building*** shall be as set forth in Section [23-431](https://zr.planning.nyc.gov/article-ii/chapter-3#23-431), the height and setback regulations of a ***building or other structure*** shall be as set forth in Section [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432), and standard setback provisions shall be as set forth in Section 23-433.
The maximum heights set forth in Section [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432) may be modified for ***zoning lots*** meeting certain criteria, in accordance with Section [23-434](https://zr.planning.nyc.gov/article-ii/chapter-3#23-434), or where towers are permitted in accordance with Section 23-435. Additional height and setback provisions are set forth in Section [23-436](https://zr.planning.nyc.gov/article-ii/chapter-3#23-436) and Section [23-44](https://zr.planning.nyc.gov/article-ii/chapter-3#23-44), inclusive.
The height of all ***buildings or other structures*** shall be measured from the ***base plane***. For the purposes of this Section, where ***base planes*** of different elevations apply to different portions of a ***building or other structure***, each such portion of the ***building*** may be considered to be a separate ***building***.
***Lot coverages*** for towers, including maximums and minimums, where applicable, shall be applied at every level.
23-431
### [Street wall location requirements](https://zr.planning.nyc.gov/article-ii/chapter-3/23-431)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18084 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18084 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-431
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the applicable ***street wall*** location provisions of this Section shall apply. Such provisions shall apply to the portion of a ***street wall*** located below the maximum base height and before the required setback as set forth in Section [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432) (Height and setback requirements).
1. Line-up rules
In R6B, R7B, and R8B Districts, the ***street wall*** of a ***building*** shall be located no closer to the ***street line*** than the closest ***street wall***, or portion thereof, nor further from the ***street line*** than the furthest ***street wall***, or portion thereof, of an existing adjacent ***building*** on the same or an adjoining ***zoning lot*** located on the same ***street*** frontage. Eligible adjacent ***buildings*** shall be located within 15 feet of the ***street line***, within 25 feet of the subject ***building***, and have a height that exceeds 35 feet. Where an existing adjacent ***building*** has multiple ***street walls*** located at varying depths from the ***street line***, the subject ***street wall*** shall not be located closer to the ***street line*** than the furthest portion of such existing adjacent ***street wall*** that is at least five feet in width and extends to at least half the height of the ***building***.
However, where, the ***street wall*** surrounding the subject ***building*** do not have a ***prevailing street wall frontage***, the applicable ***street wall*** regulations of paragraph (b) may be applied.
2. Percentage-based rules
For all ***buildings*** that are not subject to the provisions of paragraph (a), the following shall apply:
1. Along ***wide streets***, at least 70 percent of the ***aggregate width of street walls*** shall be located within eight feet of the ***street line*** and extend to at least the minimum base height specified in Section [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432), 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. Along ***narrow streets***, at least 70 percent of the ***aggregate width of street wall*** shall be located within 10 feet of the ***street line*** and extend to at least the minimum base height specified in Section [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432), or the height of the ***building***, whichever is less. Up to 30 percent of the ***aggregate width of street walls*** may be recessed beyond 10 feet of the ***street line***, provided that any such recesses deeper than 15 feet are located within an ***outer court***.
However, where the ***street walls*** surrounding the subject ***building*** are located on a ***block*** with a ***prevailing street wall frontage*** that is located further from the ***street line*** than the applicable provisions of this paragraph, the line-up provisions of paragraph (a) of this Section may be applied.
3. Modifications for large zoning lots
Notwithstanding the provisions of paragraph (a) or (b) of this Section, for ***zoning lots*** with a ***lot area*** of at least 40,000 square feet or for ***zoning lots*** that occupy an entire ***block***, at least 50 percent of the ***aggregate width of street walls*** shall be located within 15 feet of the ***street line*** and extend to at least the minimum base height specified in Section [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432), or the height of the ***building***, whichever is less.
4. Articulation allowances
In all districts, and along all frontages, ***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) or (c) 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 to 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.
23-432
### [Height and setback requirements](https://zr.planning.nyc.gov/article-ii/chapter-3/23-432)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18085 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18085 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-432
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the minimum base height, maximum base height, and maximum ***building*** height shall be as set forth in the following table. Separate maximum base heights and maximum ***building*** heights are set forth for ***zoning lots*** containing standard ***residences*** and ***zoning lots*** containing ***qualifying affordable housing*** or ***qualifying senior housing***.
For portions of a ***building*** ***street wall*** that exceed the maximum base height, a setback shall be provided at a height not lower than the minimum base height or higher than the maximum base height in accordance with Section 23-433.
MINIMUM BASE HEIGHT, MAXIMUM BASE HEIGHT,
AND MAXIMUM BUILDING HEIGHTS
| | | | | | |
|---|---|---|---|---|---|
| **District** | **Minimum base height (in feet)** | **Standard ***residences***** | *****Qualifying affordable housing*** or ***qualifying senior housing***** | | |
| **Maximum base height (in feet)** | **Maximum height of ***buildings or other structures*** (in feet)** | **Maximum base height (in feet)** | **Maximum height of ***buildings or other structures*** (in feet)** | | |
| R6A R61 R6-1 | 40 | 65 | 75 | 65 | 95 |
| R62 | 30 | 45 | 55 | 65 | 85 |
| R6B | 30 | 45 | 55 | 45 | 65 |
| R6D R6-2 | 30 | 45 | 65 | 55 | 75 |
| R7A R7\-11 R7\-21 | 40 | 75 | 85 | 85 | 115 |
| R7\-12 R7\-22 | 40 | 65 | 75 | 85 | 105 |
| R7B | 40 | 65 | 75 | 65 | 95 |
| R7D | 60 | 85 | 105 | 95 | 125 |
| R7X R7-3 | 60 | 95 | 125 | 105 | 145 |
| R8A | 60 | 95 | 125 | 105 | 145 |
| R8B | 55 | 65 | 75 | 85 | 95 |
| R8X | 60 | 95 | 155 | 105 | 175 |
| R82 | 60 | 85 | 115 | 105 | 145 |
| R81 | 60 | 95 | 135 | 105 | 145 |
| R83 | 60 | 95 | 135 | 125 | 175 |
| R9A1 R91 | 60 | 105 | 145 | 135 | 185 |
| R9A2 R92 | 60 | 95 | 135 | 135 | 185 |
| R9D R9-1 | 60 | 125 | 175 | 155 | 215 |
| R9X1 | 105 | 125 | 175 | 155 | 215 |
| R9X2 | 60 | 125 | 165 | 155 | 215 |
| R10X1 R101 | 60 | 155 | 215 | 155 | 235 |
| R10A1 | 125 | 155 | 215 | 155 | 235 |
| R10A2 R10X2 R102 | 60 | 125 | 185 | 155 | 235 |
| R11A1 | 125 | 155 | 255 | 155 | 325 |
| R11A2 R11 | 60 | 155 | 255 | 155 | 325 |
| R12 | 60 | 155 | 325 | 155 | 395 |
1 For ***zoning lots*** or portions thereof within 100 feet of a ***wide street***
2 For ***zoning lots*** or portions thereof on a ***narrow street*** beyond 100 feet of a ***wide street*** or, for ***zoning lots*** with only ***wide street*** frontage, portions of such ***zoning lot*** beyond 100 feet of the ***street line***
3 Outside of ***Mandatory Inclusionary Housing areas***, for ***zoning lots***, or portions thereof, located within 100 feet of a ***wide street***, containing ***UAP developments*** or ***qualifying senior housing***
23-433
### [Standard setback regulations](https://zr.planning.nyc.gov/article-ii/chapter-3/23-433)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22773 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22773 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-433
R6 R7 R8 R9 R10 R11 R12
At a height not lower than the minimum base height or higher than the maximum base height specified for the applicable district, a setback with a depth of at least 10 feet shall be provided from any ***street wall*** fronting on a ***wide street***, and a setback with a depth of at least 15 feet shall be provided from any ***street wall*** fronting on a ***narrow street***. Such minimum setbacks may be modified as follows:
1. The depth of such required setback may be reduced by one foot for every foot that the ***street wall*** is located beyond the ***street line***, but in no event shall a setback of less than seven feet in depth be provided, except as otherwise set forth in this Section. To allow ***street wall*** articulation, where a ***street wall*** is divided into different segments and located at varying depths from the ***street line***, such permitted setback reduction may be applied to each ***street wall*** portion separately.
2. The depth of such setbacks may include the depth of recesses or ***outer courts*** in the ***street wall*** of the ***building*** base, provided that the aggregate width of any such recessed portion of a ***street wall*** with a setback less than seven feet, as applicable, does not exceed 30 percent of the ***aggregate width of street wall*** at any level.
3. These setback provisions are optional for any ***building*** wall that either is located beyond 50 feet of a ***street line***, or oriented so that lines drawn perpendicular to it, in plan, would intersect a ***street line*** at an angle of 65 degrees or less. In the case of an irregular ***street line***, the line connecting the most extreme points of intersection shall be deemed to be the ***street line***.
4. Dormers provided in accordance with the provisions of Section [23-413](https://zr.planning.nyc.gov/article-ii/chapter-3#23-413) (Permitted obstructions in certain districts) may penetrate a required setback area.
23-434
### [Height and setback modifications for eligible sites](https://zr.planning.nyc.gov/article-ii/chapter-3/23-434)
[■]("Recently Corrected")
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18087 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18087 "Download PDF")
[Copy Link]("Copy Link")
https://zr.planning.nyc.gov/article-ii/chapter-3/23-434
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, without a letter suffix, for ***zoning lots*** that meet the criteria of paragraph (a) of this Section, the height and setback modifications set forth in paragraph (b) may be applied.
The eligible site provisions of this Section may be applied to either a single ***zoning lot*** that meets the criteria of paragraph (a) or two or more ***zoning lots*** under single fee ownership or alternate ownership arrangements that are contiguous or would be contiguous but for their separation by a ***street***, where the combined ***lot area*** exceeds 40,000 square feet, and where at least one individual ***zoning lot*** meets the criteria of paragraph (a).
1. Eligible sites
The provisions of this Section shall apply to ***zoning lots*** that meet at least one of the following criteria:
1. ***zoning lots*** with a ***transportation-infrastructure-adjacent frontage***;
2. ***zoning lots*** where one of the following irregularities exists on December 5, 2024, and the date of application for a building permit:
1. an ***interior lot***, or portions thereof, has a depth that is less than 85 feet, or a ***through lot***, or portion thereof, has a depth that is less than 170 feet;
2. an ***interior lot***, or portions thereof, has a depth that is greater than or equal to 115 feet, or a ***through lot***, or portion thereof, has a depth that is greater than or equal to 230 feet;
3. ***corner lots*** or other ***zoning lots*** with multiple ***front lot lines*** where the angle between two ***front lot lines*** is more than 15 degrees from being perpendicular;
4. ***through lots*** or other ***zoning lots*** with multiple ***front lot lines*** where the angle between two ***front lot lines*** is more than 15 degrees from being parallel;
5. ***zoning lots*** where, over the depth of the lot, as measured perpendicular from the ***front lot line***, there is a slope of at least 15 percent to the horizontal; or
3. ***zoning lots*** that have a ***lot area*** of at least 20,000 square feet or occupy an entire ***block***.
In addition, for ***zoning lots*** with a ***lot area*** of 30,000 square feet or more with existing ***buildings***, the following restrictions shall apply. The area of the ***zoning lot*** used for ***developments*** or ***enlargements*** under the provisions of this Section:
1. shall not include any portion of open space with amenities used for recreational purposes, such as play equipment, court game facilities, ball fields or fixed tables and chairs, unless such space is replaced in kind and size on the same ***zoning lot***; and
2. shall be located, partially or entirely, within 100 feet of a ***street line***.
2. Modified height and setback provisions
For eligible ***zoning lots***, the maximum permitted ***building*** height may be modified by the heights in the table below. However, for ***zoning lots*** with a ***lot area*** of at least 40,000 square feet, whether singly or in combination, where either the height at roof level of an existing ***building***, or ornamental features in an existing non-residential ***building or other structure***, meet or exceed the maximum heights set forth in such table, the maximum heights may be increased by 25 percent, or the height of such roof level or ornamental feature, whichever is lower.
MAXIMUM BUILDING HEIGHT FOR ELIGIBLE SITES
| | |
|---|---|
| **District** | **Maximum height of ***buildings or other structures*** (in feet)** |
| R6-2 | 95 |
| R6 R6-1 | 125 |
| R7-1 R7-2 | 155 |
| R7-3 | 185 |
| R8 | 215 |
| R81 | 255 |
| R9 | 285 |
| R9-1 | 315 |
| R10 | 355 |
| R11 | 405 |
| R12 | 495 |
1 for ***UAP developments*** or ***qualifying senior housing*** on ***zoning lots***, or portions thereof, within 100 feet of a ***wide street***
23-435
### [Tower regulations](https://zr.planning.nyc.gov/article-ii/chapter-3/23-435)
[■]("Recently Corrected")
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18080 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18080 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-435
In R9 through R12 Districts, other than R9A, R9X, R10A or R11A Districts, as an alternative to the maximum ***building*** heights set forth in Section [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432), towers are permitted pursuant to the provisions of this Section.
Above the maximum base height specified for the particular district, a tower with a maximum ***lot coverage*** of:
1. 65 percent shall be permitted up to a height of 300 feet; and
2. 50 percent shall be permitted above a height of 300 feet.
23-436
### [Additional height and setback provisions](https://zr.planning.nyc.gov/article-ii/chapter-3/23-436)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18088 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18088 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-436
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the following additional regulations shall apply:
1. Existing buildings may be vertically ***enlarged*** by up to one story or 15 feet without regard to the ***street wall*** location requirements of Section [23-431](https://zr.planning.nyc.gov/article-ii/chapter-3#23-431).
2. On ***through lots*** which extend less than 190 feet in maximum depth from ***street*** to ***street***, the ***street wall*** location requirements of Section [23-431](https://zr.planning.nyc.gov/article-ii/chapter-3#23-431) shall be mandatory along only one ***street*** frontage.
3. On ***corner lots***, or portions thereof, the ***street wall*** location requirements of Section [23-431](https://zr.planning.nyc.gov/article-ii/chapter-3#23-431) shall be mandatory along only one ***street*** frontage. Where one of the ***street*** frontages bounding the ***corner lot*** is a ***wide street*** and the other a ***narrow street***, the ***street wall*** location rules shall be applied along the ***wide street*** frontage;
4. The ***street wall*** location and minimum base height provisions of Sections [23-431](https://zr.planning.nyc.gov/article-ii/chapter-3#23-431) and [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432), respectively, shall not apply along any street frontage of a ***zoning lot*** occupied by buildings whose ***street wall*** heights or widths will remain unaltered.
5. The minimum base height provisions of Section [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432) shall not apply to ***buildings***, or portions thereof, that are ***developed*** or ***enlarged*** and do not exceed such minimum base heights.
6. For any zoning lot located in a Historic District designated by the Landmarks Preservation Commission, the ***street wall*** location and minimum or maximum base height regulations of Section [23-43](https://zr.planning.nyc.gov/article-ii/chapter-3#23-43), inclusive, or as modified in any applicable Special District, may be modified as follows:
1. The minimum base height of a ***street wall*** may vary between the applicable minimum set forth in Section [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432), and the height of the ***street wall*** of an adjacent ***building*** before setback, if such height is lower than the minimum base height; and
2. The maximum base height of a ***street wall*** may vary between the applicable maximum set forth in Section [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432), inclusive, and the height of the ***street wall*** of adjacent ***building*** before setback, if such height is higher than the maximum base height.
7. 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 applying the provisions of Section [23-431](https://zr.planning.nyc.gov/article-ii/chapter-3#23-431), but such widening may be included in the setback reductions permitted pursuant to paragraph (a) of Section 23-433.
23-44
### [Special Provisions for Certain Areas](https://zr.planning.nyc.gov/article-ii/chapter-3/23-44)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22774 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22774 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-44
23-441
### [Special tower provisions](https://zr.planning.nyc.gov/article-ii/chapter-3/23-441)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18081 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18081 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-441
The tower provisions of Section [23-435](https://zr.planning.nyc.gov/article-ii/chapter-3#23-435) shall be modified in certain areas, as follows:
1. In R9D and R10X Districts, the minimum ***lot coverage*** of a tower above the maximum base height shall be 33 percent of the ***lot area*** of the ***zoning lot***. However, any ***story*** located within the highest 15 percent of the tower may cover less than 33 percent of the ***lot area*** of a ***zoning lot*** provided that the gross area of any such ***story*** does not exceed 90 percent of the gross area of that ***story*** located directly below the highest 15 percent of the tower.
2. In R9 or R10 districts without a letter suffix, the following tower-on-a-base provisions shall apply to ***buildings*** where:
1. more than 25 percent of the ***floor area*** is ***residential***; and
2. such ***building*** is located on a ***zoning lot*** that fronts upon a ***wide street*** and is either within 125 feet from such ***wide street*** frontage along the ***short dimension of a block*** or within 100 feet from such ***wide street*** frontage along the long dimension of the ***block***.
The minimum ***lot coverage*** of a tower above the maximum base height shall be 30 percent of the ***lot area*** of the ***zoning lot***. However, any ***story*** located within the highest 15 percent of the tower may cover less than 30 percent of the ***lot area*** of a ***zoning lot*** provided that the gross area of any such ***story*** does not exceed 90 percent of the gross area of that ***story*** located directly below the highest 15 percent of the tower.
At least 55 percent of the total ***floor area*** permitted on the ***zoning lot*** shall be located in ***stories*** located either partially or entirely below a height of 150 feet. When the ***lot coverage*** of the tower portion is less than 40 percent, the required 55 percent of the total ***floor area*** distribution, within a height of 150 feet, shall be increased in accordance with the following requirement:
| | |
|---|---|
| **Percent of ***lot coverage*** of the tower portion** | **Minimum percent of total ***building*** ***floor area*** distribution below the level of 150 feet** |
| 40\.0 or greater | 55\.0 |
| 39\.0 to 39.9 | 55\.5 |
| 38\.0 to 38.9 | 56\.0 |
| 37\.0 to 37.9 | 56\.5 |
| 36\.0 to 36.9 | 57\.0 |
| 35\.0 to 35.9 | 57\.5 |
| 34\.0 to 34.9 | 58\.0 |
| 33\.0 to 33.9 | 58\.5 |
| 32\.0 to 32.9 | 59\.0 |
| 31\.0 to 31.9 | 59\.5 |
| 30\.0 to 30.9 | 60\.0 |
For the purposes of determining the permitted tower coverage and the required minimum distance between ***buildings*** or portions thereof, that portion of a ***zoning lot*** located within 125 feet from the ***wide street*** frontage along the short dimension of a ***block*** shall be treated as if it were a separate ***zoning lot***.
No tower or portion thereof shall be located on a ***narrow street*** at a distance that is more than 100 feet from the intersection with a ***wide street***.
3. No towers shall be permitted on any ***building*** located wholly or partly in a ***Residence District***, that is within 100 feet of a ***public park*** with an area of one acre or more, or a ***street line*** opposite such a ***public park***.
23-442
### [Special provisions for certain community districts](https://zr.planning.nyc.gov/article-ii/chapter-3/23-442)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18093 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18093 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-442
1. Borough of Manhattan
1. Community District 9
In R8 Districts without a letter suffix in the portion of Community District 9 in the Borough of Manhattan located north of West 125th Street, the underlying height and setback regulations for the zoning district shall apply, except that the additional height allowances for eligible sites set forth in Section [23-434](https://zr.planning.nyc.gov/article-ii/chapter-3#23-434) shall not apply.
2. Community District 6
In Community District 6 in the Borough of Manhattan, in R10 Districts located east of First Avenue and north of East 51st Street, for ***buildings*** where more than 25 percent of the ***floor area*** is ***residential*** but are not otherwise subject to the tower-on-a-base provisions of paragraph (b) of this Section, the following shall apply.
The minimum ***lot coverage*** of a tower above the maximum base height shall be 30 percent of the ***lot area*** of the ***zoning lot***. However, any ***story*** located within the highest 15 percent of the tower may cover less than 30 percent of the ***lot area*** of a ***zoning lot*** if the gross area of any such ***story*** does not exceed 90 percent of the gross area of that ***story*** directly below the highest 15 percent of the tower.
At least 45 percent of the total ***floor area*** permitted on the ***zoning lot*** shall be located in ***stories*** located either partially or entirely below a height of 150 feet. In addition, when the ***lot coverage*** of the tower is less than 40 percent, the required 45 percent of the total ***floor area*** distribution, within a height of 150 feet, shall be increased in accordance with the following requirement:
| | |
|---|---|
| **Percent of ***lot coverage*** of the tower portion** | **Minimum percent of total ***building*** ***floor area*** distribution below the level of 150 feet** |
| 40\.0 or greater | 45\.0 |
| 39\.0 to 39.9 | 45\.5 |
| 38\.0 to 38.9 | 46\.0 |
| 37\.0 to 37.9 | 46\.5 |
| 36\.0 to 36.9 | 47\.0 |
| 35\.0 to 35.9 | 47\.5 |
| 34\.0 to 34.9 | 48\.0 |
| 33\.0 to 33.9 | 48\.5 |
| 32\.0 to 32.9 | 49\.0 |
| 31\.0 to 31.9 | 49\.5 |
| 30\.0 to 30.9 | 50\.0 |
2. Borough of Brooklyn
1. Street wall modifications in Community Districts 8 and 9
For the purposes of applying the ***street wall*** location as well as the height and setback provisions of Sections [23-431](https://zr.planning.nyc.gov/article-ii/chapter-3#23-431) and [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432), 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.
2. Height and setback modifications in Community District 9
For ***zoning lots*** in ***Mandatory Inclusionary Housing areas*** within the portion of Community District 9 in the Borough of Brooklyn, on the ***block*** bounded by Montgomery Street, Washington Avenue, Sullivan Place, and Franklin Avenue, the following height and setback modifications shall apply. The maximum height of a ***building or other structure*** shall not exceed an imaginary plane that:
1. begins at an elevation of 90 feet above the level of the ***base plane***, beginning at the point along the center line of Sullivan Place, distant 120 feet, 4 inches east of the center line of Washington Avenue and parallel to Sullivan Place, and extending to Montgomery Street at an angle of 83 degrees, 17 minutes, 38 seconds; and
2. extends upwards at a slope equivalent of 10 percent to the horizontal, in an easterly direction, as measured perpendicular to the line established by paragraph (b)(2)(i) of this Section.
Obstructions permitted pursuant to Section [23-411](https://zr.planning.nyc.gov/article-ii/chapter-3#23-411) may penetrate such imaginary plane provided that they are at least 90 percent transparent. In addition, obstructions specified in Section [23-412](https://zr.planning.nyc.gov/article-ii/chapter-3#23-412)(c) located within 85 feet of Franklin Avenue may penetrate such imaginary plane up to 12 feet if there is a minimum of 30 feet between such obstructions and the obstruction is no longer than 60 feet in length along the frontage of Franklin Avenue.
23-443
### [Special provisions in other geographies](https://zr.planning.nyc.gov/article-ii/chapter-3/23-443)
[■]("Recently Corrected")
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18097 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18097 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-443
1. Special provisions for ***zoning lots*** adjoining ***public parks***
In all districts, where a ***building*** adjoining a ***public park*** utilizes the provisions of Section [23-381](https://zr.planning.nyc.gov/article-ii/chapter-3#23-381), such ***public park*** shall be considered a ***wide street*** for the purpose of applying the regulations set forth in Sections [23-42](https://zr.planning.nyc.gov/article-ii/chapter-3#23-42) and [23-43](https://zr.planning.nyc.gov/article-ii/chapter-3#23-43) to any ***building or other structure*** on a ***zoning lot*** adjoining such ***public park***.
2. Special provisions for ***zoning lots*** with ***transportation-infrastructure-adjacent frontage***
For ***zoning lots*** or portions thereof within 100 feet of a ***street line*** along a ***transportation-infrastructure-adjacent frontage***, the following shall apply:
1. the applicable ***street wall*** location provisions of Section [23-431](https://zr.planning.nyc.gov/article-ii/chapter-3#23-431) and the minimum base height provisions of Section [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432) need not apply; and
2. for ***buildings*** containing ***multiple dwelling residences*** that are not otherwise eligible for additional height pursuant to Section [23-434](https://zr.planning.nyc.gov/article-ii/chapter-3#23-434), the applicable maximum ***building*** heights may be increased by 10 feet in R1 through R6 Districts, and by 20 feet in R7 through R12 Districts.
3. ***Limited Height Districts***
In the ***Limited Height Districts***, the underlying height and setback regulations for the zoning district shall apply, except that:
1. the additional height allowances for eligible sites set forth in Section [23-434](https://zr.planning.nyc.gov/article-ii/chapter-3#23-434) shall not apply; and
2. for ***zoning lots*** that do not contain ***qualifying affordable housing*** or ***qualifying senior housing***, the maximum height of ***buildings or other structures*** 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-lA | 60 feet |
| LH-2 | 70 feet |
| LH-3 | 100 feet |
4. Special provisions along certain district boundaries
Where a ***lot line*** of a ***zoning lot*** located in an R6 through R12 District coincides with the district boundary of an R1 through R5 District, the height of a ***building*** within a ‘transition area’ measured parallel to the district boundary, shall not exceed the heights set forth in the table, depending on the zoning district adjacency, the adjacent ***zoning lot*** condition, and the width of the ***zoning lot***.
TRANSITION AREA DIMENSION AND MAXIMUM HEIGHT
| | | | | |
|---|---|---|---|---|
| | **Maximum permitted height within transition area** **(in feet, above ***base plane***)** | | | |
| **Adjacent zoning district and ***zoning lot*** condition** | **For ***zoning lots*** with a ***lot width*** less than or equal to 30 feet** | **For ***zoning lots*** with a ***lot width*** greater than 30 feet** | | |
| Within a distance equal to one-third of the ***lot width*** of the district boundary | Within 15 feet of the district boundary | Beyond 15 feet and within 25 feet of the district boundary | | |
| R1 R2 R3 | Non-***qualifying residential sites*** | 45\* | 45\* | 65 |
| ***Qualifying residential sites*** | 65 | 65 | 85 | |
| R4 R5 | Non-***qualifying residential sites*** | 65 | 65 | 85 |
| ***Qualifying residential sites*** | 85 | 85 | 85 | |
\* For ***zoning lots*** in R7, R8, R9 and R10 Districts, the maximum permitted height within the transition area shall be 65 feet.
23-50
### [DENSITY REGULATIONS](https://zr.planning.nyc.gov/article-ii/chapter-3/23-50)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18055 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18055 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-50
23-51
### [Applicability](https://zr.planning.nyc.gov/article-ii/chapter-3/23-51)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22753 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22753 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-51
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11R12
The provisions of Section [23-50](https://zr.planning.nyc.gov/article-ii/chapter-3#23-50) (DENSITY REGULATIONS), inclusive, shall apply to ***developments***, ***enlargements*** or to existing ***buildings*** that increase the number of ***dwelling units***. However, the provisions of this Section shall not apply to ***rooming units***.
Any given ***floor area*** shall be counted only once in meeting the ***floor area*** requirements.
The provisions of this Section shall not apply to ***single-*** or ***two-family residences***.
23-52
### [Maximum Number of Dwelling Units](https://zr.planning.nyc.gov/article-ii/chapter-3/23-52)
[■]("Recently Corrected")
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18026 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18026 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-52
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, for ***buildings*** containing ***multiple dwelling residences***, the maximum number of ***dwelling units*** permitted shall be determined by dividing the maximum ***residential*** ***floor area*** permitted on the ***zoning lot*** by the applicable ***dwelling unit*** factor. The applicable ***dwelling unit*** factor shall be as follows:
1. For the following types of ***multiple dwelling residences***, there shall be no applicable ***dwelling unit*** factor:
1. ***developments*** or ***enlargements*** of ***residences*** in ***special density areas***;
2. ***qualifying senior housing***; or
3. ***conversions*** of any non-***residential*** ***building***, or portion thereof, to ***residences*** in the ***special density areas***, or outside of ***special density areas***, ***conversions*** of ***community facility*** ***buildings***, or portions of ***buildings*** containing ***community facilities***, to ***residences***.
2. For all other types of ***multiple dwelling residences***, the applicable ***dwelling unit*** factor shall be 680. Fractions equal to or greater than three-quarters resulting from this calculation shall be considered to be one ***dwelling unit***.
In addition, for ***zoning lots*** with ***residential uses*** that have different ***dwelling unit*** factor applicability, for the purposes of calculating the maximum number of ***dwelling units*** permitted within ***buildings***, or portions thereof, that are subject to a ***dwelling unit*** factor, the calculation shall exclude the ***floor area*** not subject to a ***dwelling unit*** factor before dividing by the ***dwelling unit*** factor. Where ***floor area*** in a ***building*** is shared by multiple ***residential uses***, the ***floor area*** for such shared portion shall be attributed to each ***residential use*** proportionately, based on the percentage each ***residential use*** occupies of the total ***floor area*** of the ***zoning lot***, less any shared ***floor area***.
23-60
### [ADDITIONAL DESIGN ELEMENTS](https://zr.planning.nyc.gov/article-ii/chapter-3/23-60)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18070 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18070 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-60
23-61
### [Street Trees and Planting](https://zr.planning.nyc.gov/article-ii/chapter-3/23-61)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22748 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22748 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-61
23-611
### [Street tree planting](https://zr.planning.nyc.gov/article-ii/chapter-3/23-611)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18001 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18001 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-611
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In all districts, as indicated, the following shall provide ***street*** trees in accordance with Section [26-41](https://zr.planning.nyc.gov/article-ii/chapter-6#26-41) (Street Tree Planting):
1. ***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***;
2. ***conversions*** of 20 percent or more of the ***floor area*** of a ***building*** to a ***residential use***; or
3. construction of a ***detached*** garage that is 400 square feet or greater.
23-612
### [Planting strips in residence districts](https://zr.planning.nyc.gov/article-ii/chapter-3/23-612)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18002 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18002 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-612
R1 R2 R3 R4 R5
In the districts indicated, the following shall provide and maintain a planting strip in accordance with Section [26-42](https://zr.planning.nyc.gov/article-ii/chapter-6#26-42):
1. ***developments***, or ***enlargements*** that increase the ***floor area*** on a ***zoning lot*** by 20 percent or more. However, planting strips shall not be required for ***enlargements*** of ***single-*** or ***two-family*** ***residences***;
2. ***conversions*** of 20 percent or more of the ***floor area*** of a ***building*** to a ***residential use***; or
3. construction of a ***detached*** garage that is 400 square feet or greater.
23-613
### [Front yard planting requirements](https://zr.planning.nyc.gov/article-ii/chapter-3/23-613)
[■]("Recently Corrected")
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18045 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18045 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-613
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the area of the ***zoning lot*** between the ***street line*** and all ***street walls*** of the ***building*** and their prolongations shall be planted at ground level, or in raised planting beds that are permanently affixed to the ground, except that such plantings shall not be required at the entrances to and exits from the ***building***, within driveways accessing off-street parking spaces located within, to the side, or rear of such ***building***, or in any area where there is a ***permitted obstruction*** permitted pursuant to Section [23-31](https://zr.planning.nyc.gov/article-ii/chapter-3#23-31), inclusive.
Planted areas shall be comprised of any combination of grass, groundcover, shrubs, trees, or other living plant material, and shall have a minimum dimension of one foot, exclusive of any bounding walls.
No ***zoning lot*** shall be altered in any way that will either create a new ***non-compliance*** or increase the degree of ***non-compliance*** with the provisions of this Section.
23-62
### [Balconies](https://zr.planning.nyc.gov/article-ii/chapter-3/23-62)
[■]("Recently Corrected")
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18007 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18007 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-62
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, balconies may project into or over any open areas not occupied by ***buildings*** at that particular level, provided that:
1. within any ***yards***, ***courts***, or other required open areas, such balcony shall:
1. not project by more than one third of the depth of such areas specified above, or a distance greater than seven feet, whichever is less, as measured from the plane surface of the ***building*** wall from which it projects. However, where such balcony projects into any open area required pursuant to the application of height and setback regulations, the one third projection shall not apply;
2. not cover more than 10 percent of any open area required pursuant to Section [23-30](https://zr.planning.nyc.gov/article-ii/chapter-3#23-30), inclusive, or any outdoor recreation space provided pursuant to Section [23-63](https://zr.planning.nyc.gov/article-ii/chapter-3#23-63); and
3. have an aggregate width, at the level of any ***story***, not exceeding 50 percent of the width at that level of the plane surface of the ***building*** wall from which it projects; and
2. within any open areas, whether required or not, such balcony shall:
1. be unenclosed except for ***building walls*** and parapets, railings, or safety guards, whether applied singly, or in combination, provided that:
1. parapets shall not exceed four feet in height;
2. railings shall not exceed 4 feet, 6 inches in height and shall be at least 50 percent open for the portion that exceeds four feet in height; and
3. safety guards shall not exceed 10 feet in height and shall be at least 90 percent transparent materials for the portion that exceeds four feet in height. In addition, where such balcony has a roofed portion above it, there shall be an opening that is not less than 40 percent of the height between the bottom of the roof and the finished floor level of such balcony.
However, such balconies may be recessed into a ***building*** wall up to a maximum depth of six feet provided that at least 33 percent of the perimeter of such balcony is unenclosed except for a parapet, railing, or safety guard; and
2. be located at least 13 feet above ***curb level***, except that for ***buildings*** containing ***residences*** not more than 35 feet in height, such balcony may be located at or higher than the floor level of the second ***story*** provided that such balcony is located not lower than seven feet above ***curb level*** or seven feet above natural grade, whichever is higher.
23-63
### [Required Recreation Space in Multiple Dwelling Residences](https://zr.planning.nyc.gov/article-ii/chapter-3/23-63)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/17505 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/17505 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-63
All ***developments***, ***enlargements***, ***extensions*** or ***conversions*** in ***buildings*** that are ***multiple dwelling residences*** that result in nine or more new ***dwelling units*** after December 5, 2024 shall provide recreation space in accordance with this Section.
Such recreation space may include, but shall not be limited to, fitness centers, pools, wellness services, sports courts, game rooms, outdoor spaces, or child play spaces.
The amount of recreation space required shall be equivalent to a minimum of three percent of the ***residential*** ***floor area*** of the ***building***. Such space may be provided indoors or outdoors, singly or in combination. Where provided indoors, floor space may be exempted from the definition of ***floor area*** pursuant to Section [12-10](https://zr.planning.nyc.gov/article-i/chapter-2#12-10) (DEFINITIONS), provided that the standards of Section [23-231](https://zr.planning.nyc.gov/article-ii/chapter-3#23-231) (Floor area provisions for amenities) are met.
Additionally, such recreation space shall comply with the following standards:
1. all recreation space shall be accessible to the residents of the ***building***;
2. the minimum dimension of any recreation space, in any direction, whether indoor or outdoor, shall be 15 feet;
3. any outdoor recreation space shall be open to the sky, except that:
1. ***building*** projections, not to exceed seven feet in depth, may cover up to 10 percent of the outdoor recreation space, provided that the lowest level of the projection is at least 10 feet above the level of the outdoor recreation space; and
2. the combination of ***building*** projections, where provided, and any sun shading devices permitted pursuant to [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311), including, but not limited to, arbors or trellises, awnings and other sun control devices, or canopies, may cover up to 50 percent; and
4. any indoor recreation room shall have at least one exterior wall with windows, or ceiling with skylights, that measures not less than 9.5 percent of the total floor space of the room.
23-64
### [Modification to Existing Recreation Space](https://zr.planning.nyc.gov/article-ii/chapter-3/23-64)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22788 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22788 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-64
Recreation space provided in ***Quality Housing buildings***, in ***buildings*** ***converted*** pursuant to Article I, Chapter, or in any other ***building*** as part of requirements in effect prior to December 5, 2024, or recreation space that is provided pursuant to the requirements of Section [23-63](https://zr.planning.nyc.gov/article-ii/chapter-3#23-63) (Required Recreation Space in Multiple Dwelling Residences) after December 5, 2024, may be modified, relocated or otherwise reconfigured, provided that the requirements of Section [23-63](https://zr.planning.nyc.gov/article-ii/chapter-3#23-63) are met for all newly created spaces.
23-70
### [ALTERNATIVE BULK REGULATIONS FOR CERTAIN AREAS](https://zr.planning.nyc.gov/article-ii/chapter-3/23-70)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18100 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18100 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-70
23-71
### [Predominantly Built-up Areas](https://zr.planning.nyc.gov/article-ii/chapter-3/23-71)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18101 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18101 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-71
23-711
### [Applicability](https://zr.planning.nyc.gov/article-ii/chapter-3/23-711)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22776 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22776 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-711
The optional ***predominantly built-up area*** provisions of Section [23-71](https://zr.planning.nyc.gov/article-ii/chapter-3#23-71), inclusive, may be applied to ***zoning lots***:
1. that have a ***lot area*** of not more than 1.5 acres;
2. located on a ***block***:
1. that is entirely within R4 or R5 Districts without a letter or number suffix, including a ***Commercial District*** mapped within such ***Residence Districts***;
2. that has a maximum area of four acres;
3. where the ***buildings*** on ***zoning lots*** comprise 50 percent or more of the area of the ***block***; and
3. where, as of October 21, 1987, not more than 75 percent of the aggregate length of the ***block*** frontages facing each other around the ***zoning lot***, on both sides of the ***street***, are allocated to ***single-*** or ***two-family*** ***detached*** or ***semi-detached*** ***residences***.
All ***buildings*** used in calculations shall have certificates of occupancy or other evidence acceptable to the Commissioner of Buildings issued prior to the date of application for a building permit.
23-712
### [Floor area modifications](https://zr.planning.nyc.gov/article-ii/chapter-3/23-712)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18012 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18012 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-712
For ***zoning lots*** in R4 or R5 Districts, without a letter or number suffix, utilizing the ***predominantly built-up area*** provisions of Section [23-71](https://zr.planning.nyc.gov/article-ii/chapter-3#23-71), inclusive, the maximum ***floor area ratio*** shall be as set forth in the following table:
| | |
|---|---|
| **District** | **Maximum ***Floor Area Ratio***** |
| R4 | 1\.35 |
| R5 | 1\.65 |
23-713
### [Height and setback modifications](https://zr.planning.nyc.gov/article-ii/chapter-3/23-713)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22777 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22777 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-713
For ***zoning lots*** in R4 or R5 Districts, without a letter or number suffix, utilizing the ***predominantly built-up area*** provisions of Section [23-71](https://zr.planning.nyc.gov/article-ii/chapter-3#23-71), inclusive, the following height and setback modifications shall apply:
1. in R4 Districts, the height and setback regulations applicable to an R4A District set forth in Section [23-421](https://zr.planning.nyc.gov/article-ii/chapter-3#23-421) (Basic pitched-roof envelopes for certain districts) shall apply; and
2. in R5 Districts, the height and setback regulations applicable to an R5B District set forth in Section [23-422](https://zr.planning.nyc.gov/article-ii/chapter-3#23-422) (Basic flat-roof envelopes for certain districts) shall apply.
23-72
### [Portions of Community District 12 in the Borough of Brooklyn](https://zr.planning.nyc.gov/article-ii/chapter-3/23-72)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22778 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22778 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-72
23-721
### [Applicability](https://zr.planning.nyc.gov/article-ii/chapter-3/23-721)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22779 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22779 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-721
The optional provisions of Section [23-72](https://zr.planning.nyc.gov/article-ii/chapter-3#23-72), inclusive, may be applied to ***zoning lots*** containing ***buildings*** used exclusively as ***single-***, ***two-*** or three-***family residences*** in R5 and R6 Districts without a letter suffix in the portion of Community District 12, in the Borough of Brooklyn, that is bounded by 39th Street, Dahill Road, Ditmas Avenue, McDonald Avenue, Bay Parkway, 61st Street and Fort Hamilton Parkway.
23-722
### [Floor area modifications](https://zr.planning.nyc.gov/article-ii/chapter-3/23-722)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22780 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22780 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-722
For ***zoning lots*** in R5 Districts, without a letter suffix, utilizing the provisions of Section [23-72](https://zr.planning.nyc.gov/article-ii/chapter-3#23-72), inclusive, the maximum ***floor area ratio*** shall be as set forth in the following table:
| | | |
|---|---|---|
| **District** | **Maximum ***Floor Area Ratio*** for a ***corner lot***** | **Maximum ***Floor Area Ratio*** for an ***interior*** or ***through lot***** |
| R5 | 1\.65 | 1\.80 |
23-723
### [Yard modifications](https://zr.planning.nyc.gov/article-ii/chapter-3/23-723)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22781 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22781 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-723
For ***zoning lots*** utilizing the provisions of Section [23-72](https://zr.planning.nyc.gov/article-ii/chapter-3#23-72), inclusive, the ***yard*** regulations shall be modified as follows:
1. in R5 Districts without a letter suffix, the ***front yard*** regulations shall be modified as follows: a ***front yard*** shall be provided with a depth of not less than five feet provided that, for ***corner lots***, one ***front yard*** with a depth of not less than 10 feet is required;
2. in R5 Districts and R6 Districts without a letter suffix, the ***rear yard*** regulations shall be modified to require a ***rear yard*** with a depth of not less than 20 feet at every ***rear lot line*** on any ***zoning lot***.
23-724
### [Height and setback modifications](https://zr.planning.nyc.gov/article-ii/chapter-3/23-724)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22782 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22782 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-724
For ***zoning lots*** in R5 Districts, without a letter suffix, utilizing the provisions of Section [23-72](https://zr.planning.nyc.gov/article-ii/chapter-3#23-72), inclusive, the following height and setback modifications shall apply: the height and setback regulations applicable to an R5B District set forth in Section [23-422](https://zr.planning.nyc.gov/article-ii/chapter-3#23-422) (Basic flat-roof envelopes for certain districts) shall apply.
23-73
### [Special Provisions for Sky Exposure Plane Buildings](https://zr.planning.nyc.gov/article-ii/chapter-3/23-73)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22750 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22750 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-73
23-731
### [Applicability](https://zr.planning.nyc.gov/article-ii/chapter-3/23-731)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22783 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22783 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-731
The optional provisions for ***sky exposure plane buildings*** set forth in Section [23-73](https://zr.planning.nyc.gov/article-ii/chapter-3#23-73), inclusive, may be applied to ***zoning lots*** in R6 through R10 Districts without a letter suffix, except that such alternative provisions shall not apply to:
1. ***zoning lots*** in R6-1, R6-2, R7-3 and R9-1 Districts;
2. ***zoning lots*** in R8 Districts without a letter suffix in the portion of Community District 9 in the Borough of Manhattan located north of West 125th Street; or
3. ***zoning lots*** located in the ***Limited Height Districts***.
23-732
### [Floor area ratio and open space ratio in R6 through R9 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3/23-732)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18015 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18015 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-732
R6 R7 R8 R9
In the districts indicated without a letter suffix, for ***sky exposure plane buildings***, the minimum required ***open space ratio*** and the maximum ***floor area ratio*** for any ***zoning lot*** shall be determined by the ***height factor*** of such ***zoning lot*** as set forth in this Section. Where elected, such ***floor area ratio*** shall supersede the ***floor area ratio*** provisions of Section [23-22](https://zr.planning.nyc.gov/article-ii/chapter-3#23-22), and apply to all ***residences***, including ***qualifying affordable housing*** or ***qualifying senior housing***.
The minimum ***open space*** required through the application of a minimum ***open space ratio*** shall be applied in conjunction with the applicable regulations of Section [23-30](https://zr.planning.nyc.gov/article-ii/chapter-3#23-30) (YARDS, COURTS AND OTHER OPEN AREA REGULATIONS). The obstructions set forth in Section [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311) shall per permitted in required ***open space***.
MINIMUM REQUIRED OPEN SPACE RATIO AND MAXIMUM FLOOR AREA RATIO
R6 through R9 Districts
| | | | | | | | | |
|---|---|---|---|---|---|---|---|---|
| **For ***zoning lots*** with a ***height factor*** of** | **In R6 Districts** | **In R7 Districts** | **In R8 Districts** | **In R9 Districts** | | | | |
| **Min. Req. ***Open Space Ratio***** | **Max. ***Floor Area Ratio***** | **Min. Req. ***Open Space Ratio***** | **Max. ***Floor Area Ratio***** | **Min. Req. ***Open Space Ratio***** | **Max. ***Floor Area Ratio***** | **Min. Req. ***Open Space Ratio***** | **Max. ***Floor Area Ratio***** | |
| 1 | 27\.5 | 0\.78 | 15\.5 | 0\.87 | 5\.9 | 0\.94 | 1\.0 | 0\.99 |
| 2 | 28\.0 | 1\.28 | 16\.0 | 1\.52 | 6\.2 | 1\.78 | 1\.4 | 1\.95 |
| 3 | 28\.5 | 1\.62 | 16\.5 | 2\.01 | 6\.5 | 2\.51 | 1\.8 | 2\.85 |
| 4 | 29\.0 | 1\.85 | 17\.0 | 2\.38 | 6\.8 | 3\.14 | 2\.2 | 3\.68 |
| 5 | 29\.5 | 2\.02 | 17\.5 | 2\.67 | 7\.1 | 3\.69 | 2\.6 | 4\.42 |
| 6 | 30\.0 | 2\.14 | 18\.0 | 2\.88 | 7\.4 | 4\.15 | 3\.0 | 5\.08 |
| 7 | 30\.5 | 2\.23 | 18\.5 | 3\.05 | 7\.7 | 4\.55 | 3\.4 | 5\.65 |
| 8 | 31\.0 | 2\.30 | 19\.0 | 3\.17 | 8\.0 | 4\.88 | 3\.8 | 6\.13 |
| 9 | 31\.5 | 2\.35 | 19\.5 | 3\.27 | 8\.3 | 5\.15 | 4\.2 | 6\.54 |
| 10 | 32\.0 | 2\.38 | 20\.0 | 3\.33 | 8\.6 | 5\.38 | 4\.6 | 6\.85 |
| 11 | 32\.5 | 2\.40 | 20\.5 | 3\.38 | 8\.9 | 5\.56 | 5\.0 | 7\.09 |
| 12 | 33\.0 | 2\.42 | 21\.0 | 3\.41 | 9\.2 | 5\.71 | 5\.4 | 7\.30 |
| 13 | 33\.5 | 2\.43 | 21\.5 | 3\.42 | 9\.5 | 5\.81 | 5\.8 | 7\.41 |
| 14 | 34\.0 | 2\.43 | 22\.0 | 3\.44 | 9\.8 | 5\.92 | 6\.2 | 7\.52 |
| 15 | 34\.5 | 2\.43 | 22\.5 | 3\.42 | 10\.1 | 5\.95 | 6\.6 | 7\.52 |
| 16 | 35\.0 | 2\.42 | 23\.0 | 3\.41 | 10\.4 | 5\.99 | 7\.0 | 7\.52 |
| 17 | 35\.5 | 2\.42 | 23\.5 | 3\.40 | 10\.7 | 6\.02 | 7\.4 | 7\.52 |
| 18 | 36\.0 | 2\.40 | 24\.0 | 3\.38 | 11\.0 | 6\.02 | 7\.8 | 7\.46 |
| 19 | 36\.5 | 2\.39 | 24\.5 | 3\.36 | 11\.3 | 6\.02 | 8\.2 | 7\.41 |
| 20 | 37\.0 | 2\.38 | 25\.0 | 3\.33 | 11\.6 | 6\.02 | 8\.6 | 7\.35 |
| 21 | 37\.5 | 2\.36 | 25\.5 | 3\.30 | 11\.9 | 5\.99 | 9\.0 | 7\.25 |
For ***zoning lots*** with ***height factors*** greater than 21, the minimum required ***open space ratio*** shall be as set forth in the following table:
OPEN SPACE RATIO FOR HIGH BUILDINGS
| | | |
|---|---|---|
| **District** | **Minimum Required ***Open Space Ratio*** at ***Height Factor*** of 21** | **Additional Required ***Open Space Ratio*** for each Additional ***Height Factor***** |
| R6 | 37\.5 | 0\.5 |
| R7 | 25\.5 | 0\.5 |
| R8 | 11\.9 | 0\.3 |
| R9 | 9\.0 | 0\.4 |
For these ***zoning lots***, the maximum ***floor area ratio*** shall be such as can be attained at the required ***open space ratio*** for the ***height factor***.\*
\* The ***floor area ratio*** attainable at a given ***height factor*** and a given ***open space ratio*** may be computed from the following formula:
23-733
### [Floor area ratios in R9 and R10 Districts](https://zr.planning.nyc.gov/article-ii/chapter-3/23-733)
[■]("Recently Corrected")
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22784 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22784 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-733
1. ***Floor area ratios*** in R10 Districts
In R10 Districts, the maximum ***floor area ratio*** on a ***zoning lot*** shall be 12.0 for ***qualifying affordable housing*** or ***qualifying senior housing*** and 10.0 for other ***residences***.
2. Additional ***floor area*** regulations in R9 and R10 Districts for ***buildings*** with towers
In R9 and R10 Districts, for ***zoning lots*** containing a ***building*** that is ***developed*** or ***enlarged*** pursuant to the applicable tower regulations of Section [23-737](https://zr.planning.nyc.gov/article-ii/chapter-3#23-737) (Tower regulations), the ***floor area*** provisions of Section [23-241](https://zr.planning.nyc.gov/article-ii/chapter-3#23-241) (Special tower provisions) shall apply.
23-734
### [Permitted obstructions in open space](https://zr.planning.nyc.gov/article-ii/chapter-3/23-734)
[■]("Recently Corrected")
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22785 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22785 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-734
In R6 through R10 Districts without a letter suffix, the obstructions permitted for any ***yard*** set forth in Section [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311) (Permitted obstructions in all yards, courts and open areas), as well as the following obstructions, shall be permitted in any ***open space*** required on a ***zoning lot***. For the purposes of applying such allowances to ***open space***, all percentage calculations shall be applied to the area of the ***open space*** instead of the ***yard***:
1. balconies, unenclosed, subject to the provisions of Section [23-62](https://zr.planning.nyc.gov/article-ii/chapter-3#23-62);
2. breezeways;
3. driveways, private streets, open ***accessory*** off-street parking spaces, unenclosed ***accessory*** bicycle parking spaces or open ***accessory*** off-street loading berths, provided that the total area occupied by all these items does not exceed 50 percent of the required ***open space*** on any ***zoning lot***;
4. ***energy infrastructure equipment*** and ***accessory*** mechanical equipment, subject to the requirements set forth in Section [23-312](https://zr.planning.nyc.gov/article-ii/chapter-3#23-312) (Additional permitted obstructions generally permitted in all yards);
5. greenhouses, non-commercial, ***accessory***, limited to one ***story*** or 15 feet in height above adjoining grade, whichever is less, and limited to an area not exceeding 25 percent of the ***open space***\#;
6. parking spaces, off-street, enclosed, ***accessory***, provided that the total area occupied by a ***building*** used for such purposes does not exceed 20 percent of the total required ***open space*** on the ***zoning lot***;
7. solar energy systems:
1. on the roof of an ***accessory*** ***building***, limited to 18 inches in height as measured perpendicular to the roof surface; or
2. affixed to solar canopies and located over any ***accessory*** off-street parking space, provided that the height shall not exceed 15 feet above the level of the adjoining grade;
8. steps;
9. swimming pools, ***accessory***, above-grade structures limited to a height not exceeding eight feet above the level of the ***rear yard*** or ***rear yard equivalent***; or
10. fire escapes or planting boxes, provided that no such items project more than six feet into or over such ***open space***.
However, any such ***open space*** that is part of a required ***yard***, ***rear yard equivalent*** or ***court*** may contain an obstruction listed in this Section only where such obstruction is permitted, pursuant to Sections [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311), [23-312](https://zr.planning.nyc.gov/article-ii/chapter-3#23-312), [23-341](https://zr.planning.nyc.gov/article-ii/chapter-3#23-341) (Permitted obstructions in required rear yards or rear yard equivalents) or [23-351](https://zr.planning.nyc.gov/article-ii/chapter-3#23-351) (Permitted obstructions in courts), as applicable.
23-735
### [Special yard, court and other area regulations](https://zr.planning.nyc.gov/article-ii/chapter-3/23-735)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22786 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22786 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-735
For ***sky exposure plane buildings***, the provisions of Section [23-30](https://zr.planning.nyc.gov/article-ii/chapter-3#23-30), inclusive, shall apply, except that:
1. for ***through lots***, the alternate location allowances set forth in paragraph (c)(2) of Section [23-343](https://zr.planning.nyc.gov/article-ii/chapter-3#23-343) (Rear yard equivalent requirements) may be applied to ***rear yard equivalents***;
2. the maximum ***lot coverages*** set forth in Section [23-36](https://zr.planning.nyc.gov/article-ii/chapter-3#23-36), inclusive, need not apply; and
3. the minimum distance between ***buildings*** provisions of paragraph (c)(2) of Section [23-371](https://zr.planning.nyc.gov/article-ii/chapter-3#23-371), pertaining to two or more ***buildings*** on the same ***zoning lot*** that are not connected at any level, shall be modified as follows.
The required minimum distance between the portion of a ***building*** containing ***dwelling units*** and any other ***building*** on the same ***zoning lot*** shall vary according to the height of such ***building*** and the particular wall condition and the presence of ***legally required windows*** in facing ***building*** walls.
For the purposes of this Section, wall condition shall be defined as follows:
“wall to wall” is a condition where two walls of ***buildings*** face each other, and neither wall contains a ***legally required window***;
“wall to window” is a condition where two walls of ***buildings*** face each other, and one wall contains a ***legally required window*** and the other wall does not contain a ***legally required window***;
“window to window” is a condition where two walls of ***buildings*** face each other, and both walls contain a ***legally required window***.
Such minimum distance shall be as indicated in the following table:
| | | | | | |
|---|---|---|---|---|---|
| **Wall Condition** | **Maximum ***building*** height above ***base plane*** or ***curb level***, as applicable** | | | | |
| 25 feet | 35 feet | 40 feet | 50 feet | Over 50 feet | |
| Wall to wall | 40 | 40 | 40 | 40 | 40 |
| Wall to window | 40 | 40 | 40 | 45 | 50 |
| Window to window | 40 | 45 | 50 | 55 | 60 |
However, for portions of ***buildings*** higher than 125 feet, the provisions of Section [23-371](https://zr.planning.nyc.gov/article-ii/chapter-3#23-371) shall continue to apply.
23-736
### [Special height and setback regulations for sky exposure plane buildings](https://zr.planning.nyc.gov/article-ii/chapter-3/23-736)
[■]("Recently Corrected")
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18077 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18077 "Download PDF")
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https://zr.planning.nyc.gov/article-ii/chapter-3/23-736
R6 R7 R8 R9 R10
In the districts indicated without a letter suffix, for ***sky exposure plane buildings***, the height and setback regulations shall be as set forth in this Section, inclusive.
***Buildings*** may elect to utilize the front setback provisions of paragraph (a) of this Section, or the alternate front setback provisions of paragraph (b) of this Section. Where elected, such provisions shall supersede the provisions of Section [23-43](https://zr.planning.nyc.gov/article-ii/chapter-3#23-43), inclusive.
In R9 or R10 Districts, towers may penetrate a ***sky exposure plane*** pursuant to Section [23-737](https://zr.planning.nyc.gov/article-ii/chapter-3#23-737) (Tower regulations).
Notwithstanding the foregoing, for narrow ***buildings***, the provisions of Section [23-738](https://zr.planning.nyc.gov/article-ii/chapter-3#23-738) shall apply, and within ***Limited Height Districts*** the provisions for Section [23-739](https://zr.planning.nyc.gov/article-ii/chapter-3#23-739) shall apply.
1. Front setbacks
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 the following table, the height of such front wall or other portion of a ***building or other structure*** shall not exceed the maximum height above the ***street line*** set forth in the table. 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 the table, except as otherwise provided in Sections [23-41](https://zr.planning.nyc.gov/article-ii/chapter-3#23-41) (Permitted Obstructions) or [23-737](https://zr.planning.nyc.gov/article-ii/chapter-3#23-737) (Tower regulations).
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 ***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 | | |
| R6 or R7 Districts | | | | | | | |
| 20 | 15 | 60 feet or six ***stories***, whichever is less | 60 | 2\.7 | to 1 | 5\.6 | to 1 |
| R8 R9 or R10 Districts | | | | | | | |
| 20 | 15 | 85 feet or nine ***stories***, whichever is less | 85 | 2\.7 | to 1 | 5\.6 | to 1 |
2. Alternate front setbacks
If an open area is provided along the entire length of the ***front lot line*** with the minimum depth set forth in the table in this Section, the provisions of this Section may apply in lieu of the provisions of paragraph (a) of this Section. The ***building or other structure*** shall not penetrate the ***sky exposure plane*** set forth in the table, except as otherwise provided in Sections [23-41](https://zr.planning.nyc.gov/article-ii/chapter-3#23-41) (Permitted Obstructions) or [23-737](https://zr.planning.nyc.gov/article-ii/chapter-3#23-737) (Tower regulations).
In R9 or R10 Districts, the provisions of this paragraph shall be inapplicable to any ***development*** or ***enlargement*** with more than 25 percent of the total ***floor area*** of the ***building*** in ***residential use***.
ALTERNATE REQUIRED FRONT SETBACKS
| | | | | | | |
|---|---|---|---|---|---|---|
| Depth of Optional Front Open Area (in feet, measured perpendicular to ***street line***) | 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 | |
| R6 or R7 Districts | | | | | | |
| 15 | 10 | 60 | 3\.7 | to 1 | 7\.6 | to 1 |
| R8 R9 or R10 Districts | | | | | | |
| 15 | 10 | 85 | 3\.7 | to 1 | 7\.6 | to 1 |
23-737
### [Tower regulations](https://zr.planning.nyc.gov/article-ii/chapter-3/23-737)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22787 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22787 "Download PDF")
[Copy Link]("Copy Link")
https://zr.planning.nyc.gov/article-ii/chapter-3/23-737
In R9 or R10 Districts, for ***buildings*** that do not meet the criteria set forth in paragraphs (b)(1) and (b)(2) of Section [23-441](https://zr.planning.nyc.gov/article-ii/chapter-3#23-441), a tower may penetrate a ***sky exposure plane*** provided that such tower:
1. does not occupy more than 40 percent of the ***lot area*** of a ***zoning lot*** for ***zoning lots*** with a ***lot area*** greater than 20,000 square feet, or more than 50 percent of the ***lot area*** for all other ***zoning lots***; and
2. is set back at least 10 feet from a ***street line*** along a ***wide street*** and at least 15 feet from a ***street line*** along a ***narrow street***.
However, the provisions of this Section shall not apply to any ***building*** located wholly or partly in a ***Residence District***, that is within 100 feet of a ***public park*** with an area of one acre or more, or a ***street line*** opposite such a ***public park***.
23-738
### [Height limitations for narrow buildings or enlargements](https://zr.planning.nyc.gov/article-ii/chapter-3/23-738)
Last Amended
12/5/2024
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/18098 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/18098 "Download PDF")
[Copy Link]("Copy Link")
https://zr.planning.nyc.gov/article-ii/chapter-3/23-738
R7-2 R8 R9 R10
In the districts indicated, portions of ***buildings*** with ***street walls*** less than 45 feet in width shall not be permitted above the following heights:
1. For ***interior lots***, and for ***through lots***, which shall be treated as two separate ***interior lots*** of equal depth for the purposes of determining the height limitations of this Section, a height equal to the width of the ***street*** on which such ***street walls*** front or 100 feet, whichever is less;
2. For ***corner lots*** bounded by only ***narrow streets***, a height equal to the width of the narrowest of such ***streets*** on which such ***street walls*** front;
3. For ***corner lots*** bounded by at least one ***wide street***, a height equal to the width of the widest ***street*** on which it fronts, or 100 feet, whichever is less;
4. The heights permitted in paragraphs (a), (b) or (c) of this Section may be exceeded if:
1. on a ***wide street***, such portion of a ***building*** with a ***street wall*** less than 45 feet in width ***abuts*** an existing ***building*** with a ***street wall*** that exceeds such permitted heights. Such new ***street walls*** may reach the height of such ***abutting*** ***building*** or, where there are two ***abutting*** ***buildings*** that exceed such heights, such new ***street wall*** may reach the height of the tallest of such ***abutting*** ***buildings***; or
2. on a ***narrow street***, such ***street walls*** ***abut*** two existing ***buildings*** with ***street walls*** that both exceed the heights permitted. Such new ***street walls*** may reach the height of the lowest of such ***abutting*** ***buildings***; and
3. such new ***street walls*** shall be fully contiguous at every level with such ***abutting*** ***street walls***.
5. In addition, the following rules shall apply:
1. The front height and setback regulations and any height limitations of the underlying district shall apply, except that the alternate front setback regulations of paragraph (b) of Section [23-736](https://zr.planning.nyc.gov/article-ii/chapter-3#23-736) and the tower regulations of Section [23-737](https://zr.planning.nyc.gov/article-ii/chapter-3#23-737) shall not apply. In the event of a conflict between the underlying regulations and the regulations of this Section, the more restrictive shall apply.
2. The provisions of this Section shall not apply to ***street walls*** of permitted obstructions or ***street walls*** located beyond 100 feet of a ***street line***.
3. For the purposes of determining the width of a ***street wall***:
1. the width shall be the sum of the maximum widths of all ***street walls*** of a ***building*** at every level. The width of a ***street wall*** shall be the length of the ***street line*** from which, when viewed directly from above, lines perpendicular to the ***street line*** may be drawn to such ***street wall***; and
2. ***abutting*** ***buildings*** on a single ***zoning lot*** may be considered a single ***building***.
4. For ***buildings*** with ***street walls*** less than 45 feet in width that front only on a ***narrow street*** and ***abut*** two existing ***buildings***, the ***street wall*** of such ***building*** shall be no closer to the ***street line*** than the ***street wall*** of the ***abutting building*** that is closest to the ***street line***.
5. On a ***through lot*** containing ***buildings*** with ***street walls*** less than 45 feet in width, the alternative location provisions for ***rear yard equivalents*** set forth in Section [23-735](https://zr.planning.nyc.gov/article-ii/chapter-3#23-735) (Special yard, court and other area regulations) shall not apply.
23-739
### [Limited Height Districts](https://zr.planning.nyc.gov/article-ii/chapter-3/23-739)
[■]("Recently Corrected")
Last Amended
[History](https://zr.planning.nyc.gov/nojs/get/amendment/section/22977 "Amendment History")
[Print Section](https://zr.planning.nyc.gov/entityprint/pdf/node/22977 "Download PDF")
[Copy Link]("Copy Link")
https://zr.planning.nyc.gov/article-ii/chapter-3/23-739
In the ***Limited Height Districts***, for ***zoning lots*** that do not contain ***qualifying affordable housing*** or ***qualifying senior housing***, the maximum height of ***buildings or other structures*** 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 |
[Chapter 2](https://zr.planning.nyc.gov/article-ii/chapter-2)
[Article II](https://zr.planning.nyc.gov/article-ii)
[Chapter 4](https://zr.planning.nyc.gov/article-ii/chapter-4)
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| Readable Markdown | The ***bulk*** regulations of this Chapter apply to any ***zoning lot*** or portion of a ***zoning lot*** located in any ***Residence District*** which contains any ***residential*** ***building or other structure***, or to the ***residential*** portion of a ***building or other structure*** used for both ***residential*** and ***community facility*** ***uses***. The ***bulk*** regulations of Article II, Chapter 4, shall apply to any ***zoning lot*** or portion of a ***zoning lot*** containing a ***community facility building*** or to the ***community facility*** portion of a ***building*** used for both ***residential*** and ***community facility*** ***uses***, except as set forth in Sections [24-04](https://zr.planning.nyc.gov/article-ii/chapter-4#24-04) (Applicability of Article II, Chapter 3 Regulations) and [24-05](https://zr.planning.nyc.gov/article-ii/chapter-4#24-05) (Buildings containing certain community facility uses). 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.
The conversion of non-***residential*** ***floor area*** to ***residences*** shall be subject to the provisions of Article I, Chapter 5 (Residential Conversions Within Existing Buildings), unless such ***conversions*** meet the requirements for ***residential*** ***developments*** of Article II (Residence District Regulations).
Existing ***buildings or other structures*** that are ***non-complying buildings or other structures*** or existing ***buildings*** where an ***enlargement***, ***conversion***, ***extension***, change of ***use*** or other alternation would create a ***non-compliance*** with the applicable ***bulk*** regulations are subject to the regulations set forth in Article V, Chapter 4.
Special regulations applying in certain areas are set forth in Article VI, inclusive.
Special permits that may be granted by the Board of Standards and Appeals are set forth in Article VII, Chapter 3. Special permits and authorizations that may be granted by the City Planning Commission are set forth in Article VII, Chapters 4 and 5, respectively.
Special regulations applying to ***large-scale residential developments*** or ***large-scale community facility developments*** are set forth in Article VII, Chapters 8 or 9, respectively. Special regulations applying to ***large-scale general developments*** are set forth in Section [74-74](https://zr.planning.nyc.gov/article-vii/chapter-4#74-74).
Any ***development*** or ***enlargement*** that occurs on or over a ***railroad right-of-way***, or the inclusion of a ***railroad right-of-way*** in the ***lot area*** of a ***zoning lot*** less than one and a half acres, and that is not ***accessory*** to such ***railroad right-of-way***, shall be certified by the Chairperson of the City Planning Commission pursuant to Section [75-41](https://zr.planning.nyc.gov/article-vii/chapter-5#75-41). In addition, the ***development*** or ***enlargement*** of a ***building*** on a ***zoning lot*** greater than one and a half acres that includes a ***railroad right-of-way*** or ***former railroad right-of-way***, where such ***building*** is not ***accessory*** to a ***railroad right-of-way***, may be permitted by the Commission pursuant to Section [74-61](https://zr.planning.nyc.gov/article-vii/chapter-4#74-61).
Special regulations applying only in Special Purpose Districts are set forth in Articles VIII, IX, X, XI, XII, XIII and XIV.
The following bulk regulations are adopted in order to protect residential areas against congestion and to encourage the development of desirable and stable residential neighborhoods. In order to achieve these purposes, a direct control of density as well as of the physical volume of buildings is established.
In all districts, whenever a ***zoning lot*** is divided by a boundary between districts or is subject to different ***bulk*** regulations for different portions of the ***zoning lot***, the provisions set forth in Article VII, Chapter 7, shall apply.
Special rules governing optional ***bulk regulations*** affecting one or more ***bulk*** parameters are set forth in Section [23-70](https://zr.planning.nyc.gov/article-ii/chapter-3#23-70) (ALTERNATIVE BULK REGULATIONS FOR CERTAIN AREAS), inclusive.
These optional ***bulk*** provisions include alternative rules for:
1. ***predominantly built-up areas***, as set forth in Section [23-71](https://zr.planning.nyc.gov/article-ii/chapter-3#23-71), inclusive;
2. portions of Community District 12 in the Borough of Brooklyn, as set forth in Section [23-72](https://zr.planning.nyc.gov/article-ii/chapter-3#23-72), inclusive; and
3. ***sky exposure plane buildings***, as set forth in Section [23-73](https://zr.planning.nyc.gov/article-ii/chapter-3#23-73), inclusive.
Where any of such optional provisions are utilized, all the other associated ***bulk*** provisions set forth in Section [23-70](https://zr.planning.nyc.gov/article-ii/chapter-3#23-70), inclusive, shall apply.
In R6 through R12 Districts without a letter suffix, on ***zoning lots*** where demolition or disposition is subject to approval from the U.S. Department of Housing and Urban Development (HUD) under section 18 of the Housing Act of 1937, the provisions of this Section shall apply.
For ***developments*** or ***enlargements*** of ***residences*** other than ***qualifying senior housing*** or ***MIH developments*** on ***MIH sites***:
1. on ***zoning lots*** where the height of any existing ***building*** containing ***residences*** exceeds the heights for ***zoning lots*** containing standard ***residences*** set forth in Section [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432), the regulations for ***sky exposure plane buildings*** set forth in Section [23-73](https://zr.planning.nyc.gov/article-ii/chapter-3#23-73), inclusive, shall apply, and shall not be optional; and
2. on ***zoning lots*** where the height of all existing ***building*** containing ***residences*** are less than or equal to the heights for ***zoning lots*** containing standard ***residences*** set forth in Section [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432), the ***bulk*** regulations for ***residential buildings*** of this Chapter applicable to non-***sky exposure plane buildings*** may be applied, except that:
1. the height and setback modifications for eligible sites set forth in Section [23-434](https://zr.planning.nyc.gov/article-ii/chapter-3#23-434) shall not apply; and
2. the minimum distance between ***buildings*** two of more ***buildings*** on the same ***zoning lot*** that are not connected at any level shall be governed by the provisions of paragraph (c) of Section 23-735. Notwithstanding the provisions of Section [23-05](https://zr.planning.nyc.gov/article-ii/chapter-3#23-05), the use of this Section shall not necessitate the utilization of all other provisions for ***sky exposure plane buildings*** unless other provisions of Section [23-73](https://zr.planning.nyc.gov/article-ii/chapter-3#23-73), inclusive, are applied.
Minimum ***lot area*** and ***lot width*** regulations are set forth in Section [23-11](https://zr.planning.nyc.gov/article-ii/chapter-3#23-11) for R1 through R5 Districts and Section [23-12](https://zr.planning.nyc.gov/article-ii/chapter-3#23-12) for R6 through R12 Districts.
However, such ***lot area*** and ***lot width*** regulations shall not apply to ***zoning lots*** in existence on December 5, 2024, where the ***lot area*** or ***lot width*** was less than the prescribed minimums of such Sections, and after December 5, 2024, such ***lot area*** or ***lot width*** has not decreased.
Where two or more ***buildings*** that are ***single-*** or ***two-family*** ***detached*** or ***zero lot line*** ***residences*** are located on a ***zoning lot***, the applicable minimum ***lot area*** requirement set forth in the table in this Section shall be multiplied by the number of such ***buildings*** on the ***zoning lot***. For the purposes of applying such calculation, ***detached*** ***buildings*** that are permitted obstructions in a required ***rear yard*** or ***rear yard equivalent*** shall not be included.
R1 R2 R3 R4 R5
In the districts indicated, no ***residence*** shall be permitted on a ***zoning lot*** with a total ***lot area*** or ***lot width*** less than as set forth in the following table:
REQUIRED MINIMUM LOT AREA AND LOT WIDTH
| | | | |
|---|---|---|---|
| **Type of ***Residence***** | **District** | **Minimum ***Lot Area*** (in sq. ft)** | **Minimum ***Lot Width*** (in ft)** |
| ***Single-*** or ***two-family*** ***detached***, or ***zero lot line***, where permitted | R1-1 | 7,125 | 75 |
| R1-2 R1-2A | 4,750 | 50 | |
| R2 R2A R2X R3X R3-1 R3-2 R4 R5 | 2,850 | 30 | |
| R3A R4-1 R4A R4B R5A R5B R5D | 2,375 | 25 | |
| Other ***residences***, where permitted | R1 – R5 | 1,700 | 18 |
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, no ***residence*** shall be permitted on a ***zoning lot*** with a total ***lot area*** or ***lot width*** less than as set forth in the following table:
REQUIRED MINIMUM LOT AREA AND LOT WIDTH
| | | | |
|---|---|---|---|
| **Type of ***Residence***** | **District** | **Minimum ***Lot Area*** (in sq. ft)** | **Minimum ***Lot Width*** (in ft)** |
| ***Single-*** or ***two-family*** ***detached*** or ***zero lot line*** | R6 - R12 | 2,375 | 25 |
| Other ***residences*** | R6 - R12 | 1,700 | 18 |
***Floor area*** regulations are set forth in Section [23-21](https://zr.planning.nyc.gov/article-ii/chapter-3#23-21) for R1 through R5 Districts and Section [23-22](https://zr.planning.nyc.gov/article-ii/chapter-3#23-22) for R6 through R12 Districts. Special allowances for ***multiple dwelling residences*** are set forth in Section [23-23](https://zr.planning.nyc.gov/article-ii/chapter-3#23-23). Special rules governing certain areas are set forth in Section [23-24](https://zr.planning.nyc.gov/article-ii/chapter-3#23-24).
For ***zoning lots*** with ***buildings*** containing multiple ***uses*** or multiple ***buildings*** with different ***uses***, inclusive of ***residences*** subject to different ***floor area ratios***, the maximum ***floor area ratio*** for each ***use*** shall be as set forth in the applicable provisions of this Section, inclusive, or as provided in the respective ***floor area*** provisions of another Chapter of this Resolution. The total of all such ***floor area ratios*** shall not exceed the greatest ***floor area ratio*** permitted for any such ***use*** on the ***zoning lot***.
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***.
Where a ***floor area*** bonus established through another Section of this Resolution applies to a ***zoning lot*** containing ***residences***, the ***residential*** ***floor area ratio*** used to calculate the maximum permitted ***floor area*** bonus shall be the maximum ***floor area ratio*** permitted for such ***zoning lot*** pursuant to this Section, depending on whether the ***zoning lot*** is a ***qualifying residential site*** or the ***zoning lot*** contains ***qualifying affordable housing*** or ***qualifying senior housing***.
R1 R2 R3 R4 R5
In the districts indicated, the maximum ***residential*** ***floor area ratio*** shall be as set forth in the following table. Separate maximum ***residential*** ***floor area ratios*** are set forth for standard ***zoning lots*** and ***zoning lots*** that are ***qualifying residential sites***.
MAXIMUM FLOOR AREA RATIO FOR R1-R5 DISTRICTS
| | | |
|---|---|---|
| **District** | **Standard ***zoning lots***** | *****Qualifying residential sites***** |
| R1-2A R1-1 R1-2 R2A R2 R3A R3X R3-1 R3-2 | 0\.751 | 1\.00 |
| R2X | 1\.00 | 1\.00 |
| R4A R4B R4 R4-1 | 1\.00 | 1\.50 |
| R5A R5B R5 | 1\.50 | 2\.00 |
| R5D | 2\.00 | 2\.00 |
1 For standard ***zoning lots*** with a ***lot area*** of 4,000 square feet or more, the maximum ***residential*** ***floor area*** associated with any single ***dwelling unit*** shall not exceed an equivalent ***floor area ratio*** of 0.60.
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the maximum ***residential*** ***floor area ratio*** shall be as set forth in the following table. Separate maximum ***residential*** ***floor area ratios*** are set forth for ***zoning lots*** containing standard ***residences*** and ***zoning lots*** containing ***qualifying affordable housing*** or ***qualifying senior housing***.
MAXIMUM FLOOR AREA RATIO FOR R6-R12 DISTRICTS
| | | |
|---|---|---|
| **District** | **Standard ***residences***** | *****Qualifying affordable housing*** or ***qualifying senior housing***** |
| R6A R61 R6-1 R7B | 3\.00 | 3\.90 |
| R6 | 2\.20 | 3\.90 |
| R6B | 2\.00 | 2\.40 |
| R6D R6-2 | 2\.50 | 3\.00 |
| R7A R7-11 R7-21 | 4\.00 | 5\.01 |
| R7-1 R7-2 | 3\.44 | 5\.01 |
| R7D | 4\.66 | 5\.60 |
| R7X R7-3 | 5\.00 | 6\.00 |
| R8A R8X R8 | 6\.02 | 7\.20 |
| R8 | 7\.201 | 8\.642 |
| R8B | 4\.00 | 4\.80 |
| R9A R9 | 7\.52 | 9\.02 |
| R9D R9X R9-1 | 9\.00 | 10\.80 |
| R10A R10X R10 | 10\.00 | 12\.00 |
| R11 | 12\.00 | 15\.00 |
| R12 | 15\.00 | 18\.00 |
1 For ***zoning lots***, or portions thereof, located within 100 feet of a ***wide street***
2 Outside of ***Mandatory Inclusionary Housing areas***, for ***zoning lots***, or portions thereof, located within 100 feet of a ***wide street***, containing ***UAP developments*** or ***qualifying senior housing***
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, for ***buildings*** containing ***multiple dwelling residences***, floor space allocated to ***building*** amenities, corridors, refuse storage or disposal, or access to elevated ground floor ***dwelling units*** may be exempted from the definition of ***floor area*** pursuant to Section [12-10](https://zr.planning.nyc.gov/article-i/chapter-2#12-10), provided that the provisions of this Section, inclusive, are met. However, exempted floor space shall be considered ***floor area*** for the purposes of satisfying other ***ground floor level*** ***use*** regulations of this Resolution, including, but not limited to, limitations on ***floor area*** for certain ***uses***, parking wrap and screening requirements, and requirements for ***floor area*** at the ***ground floor level***.
Such provisions may be applied to ***buildings*** ***developed*** after December 5, 2024, and to existing ***buildings*** where, after December 5, 2024, an ***enlargement***, ***extension***, ***conversion*** or other alteration results in newly created or altered floor space that conforms with such specific provisions of this Section, inclusive.
Floor space in a ***building*** allocated to ***residential*** amenities may be exempted from the definition of ***floor area***, in an amount not to exceed five percent of the ***residential floor area*** of the ***building***.
Such amenities may include recreation spaces, including those required pursuant to Section [23-63](https://zr.planning.nyc.gov/article-ii/chapter-3#23-63), or other amenities, including, but not be limited to, co-working areas, library or reading rooms, or music practice rooms, package or storage rooms, laundry facilities, or pet-related facilities.
However, amenity space shall not include floor space for circulation through the ***building***, including, corridors or vertical circulation spaces.
Amenities provided pursuant to this Section shall be accessible to the residents of the ***building***.
Floor space in a ***building*** allocated to corridors may be exempted from ***floor area*** pursuant to the provisions of paragraphs (a) or (b) of this Section. Such provisions may be applied individually or in combination.
1. Corridors Termination
Fifty percent of the floor space of a corridor may be exempted from the definition of ***floor area*** where one of the following criteria are met:
1. the corridor provides direct access to outdoor space on a balcony or terrace on the same ***story*** that is accessible to residents of the ***story***;
2. the corridor has daylighting through windows with a glazed area of at least 20 square feet, and such windows are located:
1. directly within the corridor;
2. in the enclosing walls of a stairwell along such corridor, and access to such stairwell from the corridor is provided through an entry door assembly with a minimum glazed area of at least 16 square feet; or
3. within common space along such corridor that accessible to residents of the ***story***; or
3. the corridor terminates with a ***dwelling unit*** that contains at least three bedrooms.
2. Length of Corridor
Fifty percent of the floor space of a corridor may be exempted from the definition of ***floor area***, where the length of the corridor, as measured from the vertical circulation core to the door of the furthest ***dwelling unit*** on the ***story***, does not exceed 100 linear feet. For the purposes of this Section, a vertical circulation core shall refer to an elevator core (consisting of one or more elevators) or, in a non-elevator ***building***, to a central stairwell.
Floor space in a ***building*** allocated to refuse storage and disposal may be exempted from the definition of ***floor area*** in an amount not to exceed a maximum of three square feet per ***dwelling unit*** in the ***building***.
For ***buildings*** with entryways at ***curb level*** that accommodate ramps, stairs or lifts to ***dwelling units*** that are elevated above ***curb level*** on the first ***story*** of the ***building***, up to 100 square feet of such entryways may be exempted from the definition of ***floor area*** for each foot of difference between the floor level of such ***dwelling units*** and ***curb level***. However, no more than a maximum of 500 square feet of floor space may be exempted from the definition of ***floor area*** for each ***building***.
In R9 and R10 Districts, for ***zoning lots*** containing a ***building*** that is ***developed*** or ***enlarged*** pursuant to the applicable tower regulations of Section [23-435](https://zr.planning.nyc.gov/article-ii/chapter-3#23-435) (Tower regulations), any floor space used for mechanical equipment provided pursuant to paragraph (8) of the definition of ***floor area*** in Section [12-10](https://zr.planning.nyc.gov/article-i/chapter-2#12-10) (DEFINITIONS), and any floor space that is or becomes unused or inaccessible within a ***building***, pursuant to paragraph (k) of the definition of ***floor area*** in Section [12-10](https://zr.planning.nyc.gov/article-i/chapter-2#12-10), shall be considered ***floor area*** and calculated in accordance with the provisions of this Section, provided that such floor space:
1. occupies the predominant portion of a ***story***;
2. is located above the ***base plane*** or ***curb level***, as applicable, and below the highest story containing ***residential floor area***; and
3. exceeds an aggregate height of 25 feet within any given 75 vertical feet of one another within a ***building***.
For the purpose of applying this provision, the height of such floor space shall be measured from the top of a structural floor to the bottom of a structural floor directly above such space. In addition, the number of ***stories*** of ***floor area*** such space constitutes within the ***building*** shall be determined by aggregating the total height of such floor spaces, dividing by 25 feet, and rounding to the nearest whole integer.
1. Borough of Brooklyn
For R1 through R3 Districts south of Avenue H in Community Districts 11, 14 and 15 in the Borough of Brooklyn, the maximum ***floor area ratio*** for standard ***zoning lots*** set forth in Section [23-21](https://zr.planning.nyc.gov/article-ii/chapter-3#23-21) (Floor Area Regulations for R1 Through R5 Districts) shall be increased to 1.0.
1. 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.
2. Nighttime closing of existing public open areas
In all ***Residence 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](https://zr.planning.nyc.gov/article-iii/chapter-7#37-727) (Hours of access).
3. Elimination or reduction in size of existing public amenities
In all 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 Commission, pursuant to Section [74-761](https://zr.planning.nyc.gov/article-vii/chapter-4#74-761) (Elimination or reduction in size of bonused public amenities).
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, regulations governing ***yards***, ***courts***, ***lot coverage***, and other open areas shall be set forth in Section [23-30](https://zr.planning.nyc.gov/article-ii/chapter-3#23-30), inclusive.
General provisions shall be as set forth in Section [23-31](https://zr.planning.nyc.gov/article-ii/chapter-3#23-31), inclusive.
***Front yard*** requirements shall be as set forth in Section [23-32](https://zr.planning.nyc.gov/article-ii/chapter-3#23-32), inclusive, ***side yard*** requirements shall be as set forth in Section [23-33](https://zr.planning.nyc.gov/article-ii/chapter-3#23-33), inclusive, and ***rear yard*** and ***rear yard equivalent*** requirements shall be as set forth in Section [23-34](https://zr.planning.nyc.gov/article-ii/chapter-3#23-34), inclusive.
***Court*** regulations, including those for ***inner courts*** and ***outer courts***, shall be as set forth in Section [23-35](https://zr.planning.nyc.gov/article-ii/chapter-3#23-35), inclusive.
Maximum ***lot coverage*** requirements shall be as set forth in Section [23-36](https://zr.planning.nyc.gov/article-ii/chapter-3#23-36), inclusive.
Other regulations governing open areas, including minimum distances between ***buildings*** and minimum distances between ***legally required windows*** and ***lot lines***, shall be as set forth in Sections [23-37](https://zr.planning.nyc.gov/article-ii/chapter-3#23-37), inclusive.
Special rules for certain areas shall be as set forth in Section [23-38](https://zr.planning.nyc.gov/article-ii/chapter-3#23-38), inclusive.
In R6 through R12 Districts, the obstructions permitted within a ***front yard*** pursuant to Section [23-31](https://zr.planning.nyc.gov/article-ii/chapter-3#23-31), inclusive, may also be permitted in the open area between the ***street wall*** and the ***street line***.
In all ***Residence Districts***, the following obstructions shall be permitted within any required ***yard***, ***rear yard equivalent***, ***court*** or other required open area. These allowances are generally common to ***Residence***, ***Commercial*** and ***Manufacturing Districts***.
1. ***Accessory*** mechanical equipment, limited in depth to 18 inches from an exterior wall;
2. Arbors or trellises;
3. 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; and
2. shall have solid surfaces that, in aggregate, cover an area no more than 30 percent of the area of the ***building*** wall (as viewed in elevation) from which they project;
4. Bicycle or micromobility parking, including necessary ancillary structures;
5. Canopies;
6. Chimneys, projecting not more than three feet into, and not exceeding two percent of the area of, the required ***yard*** or ***rear yard equivalent***;
7. Eaves, gutters, downspouts, or other similar projections, extending 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;
8. Electric vehicle charging equipment;
9. Flagpoles;
10. ***Qualifying exterior wall thickness***;
11. Ramps or lifts for people with physical disabilities;
12. Solar energy systems, ***accessory*** or as part of an ***energy infrastructure equipment***:
1. 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; or
2. above other permitted obstructions, as applicable, provided that the additional height shall be limited to 18 inches;
13. Terraces or porches, open;
14. Window sills, or similar projections extending into such ***yard*** or ***rear yard equivalent*** not more than four inches.
In all ***Residence Districts***, the obstructions set forth in Section [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311) (Permitted obstructions in all yards, courts and open areas), as well as the following obstructions, shall be permitted within any ***yard*** or ***rear yard equivalent***:
1. Balconies, unenclosed, of a ***building*** containing ***residences*** subject to the applicable provisions of Section [23-62](https://zr.planning.nyc.gov/article-ii/chapter-3#23-62). Such balconies are not permitted in ***side yards*** or within five feet of the ***side lot line*** or ***rear lot line*** in a ***rear yard*** or ***rear yard equivalent***;
2. Fences, not exceeding four feet in height above adjoining grade in any ***front yard***, except that for ***corner lots*** a fence may be up to six feet in height within that portion of one ***front yard*** that is between a ***side lot line*** and the prolongation of the side wall of the ***residence*** facing such ***side lot line***;
3. Fire escapes, projecting into a ***front yard***, only in such cases where the fire escape is required for the ***conversion*** of a ***building*** in existence before December 15, 1961;
4. Overhanging portions of a ***single-*** or ***two-family residence*** , which are above the first ***story*** including the ***basement*** and which project not more than three feet into the ***front yard***. In no case shall the lowest level of the projected portion be less than seven feet above the level of the ***front yard*** at the face of the ***building***. Supports for the projected portion of any ***building*** are permitted obstructions within the required ***front yard***, provided that the total area occupied by such supports does not exceed 15 percent of the area underneath the projected portion. No support may extend beyond the three-foot projection;
5. Parking spaces for automobiles, off-street, open, ***accessory***, within a ***side*** or ***rear yard***;
6. Parking spaces, off-street, open, within a ***front yard***, that are ***accessory*** to a ***building*** containing ***residences***, subject to the provisions of Section [25-621](https://zr.planning.nyc.gov/article-ii/chapter-5#25-621) (Location of parking spaces in certain districts) and Section [25-622](https://zr.planning.nyc.gov/article-ii/chapter-5#25-622) (Location of parking spaces in lower density growth management areas).
However, no parking spaces of any kind shall be permitted in any ***front yard*** in an R4B, R5B or R5D District, or the ***front yard*** of a ***building*** containing ***residences*** on a ***qualifying residential site*** in an R1 through R5 District. Furthermore, no parking spaces of any kind shall be permitted in any ***front yard*** on a ***zoning lot*** containing an ***attached*** or ***semi-detached*** ***building*** in an R1, R2, R3A, R3X, R4A or R5A District, or in any ***front yard*** on a ***zoning lot*** containing an ***attached*** ***building*** in an R3-1 or R4-1 District;
7. ***Energy infrastructure equipment*** and ***accessory*** mechanical equipment, provided that:
1. all equipment shall be subject to the applicable provisions of Section [26-50](https://zr.planning.nyc.gov/article-ii/chapter-6#26-50) (SPECIAL SCREENING AND ENCLOSURE PROVISIONS);
2. the size of all equipment, including any screening or portions of any ***building or other structure*** enclosing such equipment, shall not exceed:
1. an area equivalent to 25 percent of a required ***yard***, or ***rear yard equivalent***, and in addition, in ***front yards***, is limited to an area not exceeding 25 square feet. However, for ***corner lots***, one ***front yard*** may be treated as a ***side yard*** for the purpose of applying such size restrictions;
2. in R1 through R5 Districts, a height of 10 feet above the adjoining grade in ***rear yards***, ***rear yard equivalents*** and ***side yards***, or a height of five feet above the adjoining grade in ***front yards***; and
3. in R6 through R12 Districts, a height of 15 feet above the adjoining grade;
8. Steps, provided that such steps access only the lowest ***story*** or ***cellar*** of a ***building*** fronting on a ***street***, which may include a ***story*** located directly above a ***basement***;
9. Swimming pools, ***accessory***, above-grade structures limited to a height not exceeding eight feet above the level of the ***rear yard*** or ***rear yard equivalent***. ***Accessory*** swimming pools are not permitted obstructions in any ***front yard***;
10. Walls, not exceeding eight feet in height above adjoining grade and not roofed or part of a ***building***, and not exceeding four feet in height in any ***front yard***, except that for ***corner lots***, a wall may be up to six feet in height within that portion of one ***front yard*** that is between a ***side lot line*** and the prolongation of the side wall of the ***residence*** facing such ***side lot line***.
In all ***Residence Districts***, the level of a ***yard*** or of a ***rear yard equivalent*** shall not be higher than ***curb level***, except that natural grade level need not 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 where permitted as an obstruction pursuant to Section [23-30](https://zr.planning.nyc.gov/article-ii/chapter-3#23-30), inclusive.
The width or depth of a ***yard*** or ***rear yard equivalent*** shall be measured perpendicular to ***lot lines***.
R1 R2 R3 R4 R5
In the districts indicated, ***front yards*** shall be provided as set forth in the following table, except as further modified by the provisions of this Section.
| | |
|---|---|
| **District** | **Front Yard** |
| R1 | 20 feet |
| R2 R2A R2X R3-1 R3-2 | 15 feet |
| R3A R3X R4 R4-1 R4A R5 R5A | 10 feet |
| R4B R5B R5D | 5 feet |
For the purpose of this Section, the area between the ***street line*** and the ***street wall line*** of adjacent ***buildings*** containing ***residences*** on the same or adjoining ***zoning lots*** fronting on the same ***street*** shall be considered adjacent ***front yards***.
Minimum ***front yard*** yards shall be modified as follows:
1. For ***qualifying residential sites*** with a ***lot width*** of at least 150 feet, the applicable ***front yard*** depth set forth in the table may be reduced by five feet, except that a ***front yard*** shall be no shallower than five feet;
2. For a ***corner lot***, one ***front yard*** may have a depth that is five feet shallower than the applicable depth set forth in the table, except that a ***front yard*** shall be no shallower than five feet;
3. Where an adjacent ***front yard*** is shallower than the minimum required pursuant to the applicable district regulations, then the ***front yard*** may be as shallow as the shallowest adjacent ***front yard***. However, a ***front yard*** shall be no shallower than five feet;
4. In R4B and R5B Districts, a ***front yard*** shall be no deeper than the deepest adjacent ***front yard*** and no shallower than the shallowest adjacent ***front yard***. However, a ***front yard*** shall be no shallower than five feet, and need not exceed 15 feet in depth. Where the ***street walls*** surrounding the subject ***building*** do not have a ***prevailing street wall frontage***, these ***front yard*** line-up provisions need not apply; and
5. To accommodate ***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 encroach into a required ***front yard***, provided that no encroachment exceeds a depth of three feet, as measured perpendicular to the ***street wall***, or portion thereof.
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, no ***front yard*** requirements shall apply.
In all ***Residence Districts***, the obstructions set forth in Section [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311) (Permitted obstructions in all yards, courts and open areas) and [23-312](https://zr.planning.nyc.gov/article-ii/chapter-3#23-312) (Additional permitted obstructions generally permitted in all yards) shall be permitted within required ***side yards*** and required open areas along ***side lot lines***. In addition, the following obstructions shall be permitted within certain portions of required ***side yards*** and required open areas along ***side lot lines***:
1. on ***corner lots***, enclosed ***accessory*** off-street parking spaces may be located in any portion that is within 30 feet of both ***side lot lines***. However, in R1 or R2A Districts on ***zoning lots*** whose mean width is 45 feet or more, no portion of such structure shall be located less than five feet from any ***side lot line***; and
2. on ***zoning lots*** other than ***corner lots***, the permitted obstructions listed in Section [23-341](https://zr.planning.nyc.gov/article-ii/chapter-3#23-341) (Permitted obstructions in required rear yards or rear yard equivalents) may be located in any portion that is within 30 feet of a ***rear lot line*** or within 10 feet of a ***rear yard equivalent***.
R1 R2 R3 R4 R5
1. ***Detached*** ***buildings***
In the districts indicated, for ***zoning lots*** containing only ***single-*** or ***two-family*** ***detached*** ***residences***, two ***side yards***, shall be provided. In R1 Districts the minimum width of each ***side yard*** shall be eight feet, and in all other districts, the minimum width shall be five feet.
R3 R4 R5
1. ***Semi-detached*** ***buildings*** and ***zero lot line buildings***
In the districts indicated, for ***zoning lots*** containing only ***single-*** or ***two-family*** ***semi-detached*** or ***zero lot line*** ***residences***, a ***side yard*** with a minimum width of five feet shall be provided.
In addition, where an adjoining ***zoning lot*** contains a ***single-*** or ***two-family*** ***detached*** ***semi-detached***, or ***zero lot line*** ***residence***, an open area with a minimum total width of eight feet shall be required between the ***building*** on the subject ***zoning lot*** and the ***residence*** on the adjacent ***zoning lot***.
R3-2 R4 R4B R5 R5B R5D
1. Other ***residences***
In the districts indicated, for ***zoning lots*** containing ***residences*** that are not subject to paragraphs (a) or (b) of this Section, no ***side yards*** shall be required. However, if any open area extending along a ***side lot line*** is provided at any level, it shall have a minimum width of five feet, measured perpendicular to the ***side lot line***. Furthermore, where a ***zoning lot*** adjoins a ***zoning lot*** containing exclusively ***single-*** or ***two-family*** ***residences***, and where a ***side yard*** with a minimum width of three feet or more is provided along the common ***side lot line***, an open area with a minimum total width of eight feet shall be required between the ***building*** on the subject ***zoning lot*** and the ***residence*** on the adjacent ***zoning lot***.
R1 R2 R3 R4 R5
1. Permitted obstructions in open areas between ***buildings***
Only ***accessory*** mechanical equipment limited in depth to 18 inches from an exterior wall, chimneys, downspouts, eaves, gutters, open ***accessory*** off-street parking spaces, ***qualifying exterior wall thickness***, ramps for access by people with disabilities, and steps as set forth in the applicable provisions of Sections [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311) and [23-312](https://zr.planning.nyc.gov/article-ii/chapter-3#23-312) shall be permitted obstructions in open areas between ***buildings***, provided that such obstructions, not including ***accessory*** off-street parking spaces, ***qualifying exterior wall thickness*** or ***accessory*** mechanical equipment, may not reduce the minimum width of the open area by more than three feet.
R1 R2 R3 R4 R5
In the districts indicated, for ***residences*** on ***qualifying residential sites***, no ***side yards*** shall be required. However, if any open area extending along a ***side lot line*** is provided at any level, it shall have a minimum width of five feet, measured perpendicular to the ***side lot line***.
Furthermore, except as provided for by paragraph (c) of Section [23-332](https://zr.planning.nyc.gov/article-ii/chapter-3#23-332) (Basic side yard requirements in R1 through R5 Districts), where a ***building*** containing ***residences*** on an adjacent ***zoning lot*** has a ***side yard*** adjoining the subject ***zoning lot*** an open area with a minimum width of five feet, measured perpendicular to the ***side lot line*** shall be provided, and shall extend along the entire ***side lot line***.
R1 R2 R3 R4 R5
In the districts indicated, where the width of a ***zoning lot*** is less than that required under the provisions of Section [23-11](https://zr.planning.nyc.gov/article-ii/chapter-3#23-11) (Lot Area and Lot Width Regulations in R1 Through R5 Districts), for a ***single-*** or ***two-family residence***, the required total width of ***side yards***, or minimum open area provided along a ***side lot line***, as applicable, may be reduced by four inches for each foot by which the width of a ***zoning lot*** is less than that required, and where applicable, the minimum distance required between a ***residence*** on an adjacent ***zoning lot*** may be reduced by six inches for each foot by which the width of a ***zoning lot*** is less than that required, provided that the narrow lot condition was in existence on December 15, 1961, and, subsequently, such narrow lot condition has neither increased nor decreased in width.
However, in no event shall the required width of a ***side yard*** or open area be less than three feet and, where applicable, the minimum distance between a ***residence*** on an adjacent ***zoning lot*** be less than five feet.
R6 R7 R8 R9 R10 R11 R12
1. ***Detached*** ***buildings***
In the districts indicated, for ***zoning lots*** containing only ***single-family*** or ***two-family*** ***detached*** ***residences***, two ***side yards***, each with a minimum width of five feet, shall be provided.
2. All other ***buildings***
In the districts indicated, for ***zoning lots*** containing all other types of ***residences***, no ***side yards*** shall be required. However, if any open area extending along a ***side lot line*** is provided at any level, it shall have a minimum width of five feet, measured perpendicular to the ***side lot line***.
1. In all ***Residence Districts***, the obstructions set forth in Sections [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311) and [23-312](https://zr.planning.nyc.gov/article-ii/chapter-3#23-312), as well as the following obstructions shall be permitted within any required ***rear yard*** or ***rear yard equivalent***. These allowances are generally common to ***Residence***, ***Commercial*** and ***Manufacturing Districts***.
1. Breezeways;
2. Fire escapes;
3. Greenhouses, non-commercial, ***accessory***, limited to one ***story*** or 15 feet in height above adjoining grade, whichever is less, and limited to an area not exceeding 25 percent of a required ***rear yard***;
4. Recreational or drying yard equipment;
5. Sheds, tool rooms or other similar ***accessory*** ***buildings or other structures*** for domestic or agricultural storage, with a height not exceeding 10 feet above the level of the ***rear yard*** or ***rear yard equivalent***;
6. Solar energy systems, ***accessory*** or as part of an ***energy infrastructure equipment***:
1. 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; however, limited to 18 inches in height as measured perpendicular to the roof surface when located above a ***detached*** ***accessory*** ***building or other structure***, or on any roof with a slope greater than 20 degrees; or
2. affixed to solar canopies and located over any otherwise unenclosed ***accessory*** off-street parking space, provided that the height shall not exceed 15 feet above the level of the adjoining grade;
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***.
2. In all ***Residence Districts***, the obstructions set forth in Sections [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311) and [23-312](https://zr.planning.nyc.gov/article-ii/chapter-3#23-312), as well as the following obstructions shall be permitted within any required ***rear yard*** or ***rear yard equivalent***.
1. Balconies, unenclosed, subject to the provisions of Section [23-62](https://zr.planning.nyc.gov/article-ii/chapter-3#23-62);
2. Parking spaces, off-street, ***accessory***, for automobiles or bicycles, provided that:
1. if ***accessory*** to a ***single-*** or ***two-family residence***, the height of a ***building*** containing such parking spaces shall not exceed 10 feet in height above the adjoining grade and such ***building*** shall be ***detached*** from such ***residence***. Parking spaces shall also be permitted in ***buildings*** allowed as permitted obstructions pursuant to paragraph (b)(4) of this Section, provided that the portion allocated to parking spaces does not exceed 10 feet in height;
2. if ***accessory*** to any other kind of ***building*** containing ***residences***, the height of a ***building***, or portion thereof, containing such parking spaces within the ***rear yard***, shall not exceed 15 feet above ***base plane***. In addition, decks, parapet walls, roof thickness, skylights, vegetated roofs, and weirs, as set forth in Section [23-41](https://zr.planning.nyc.gov/article-ii/chapter-3#23-41) (Permitted Obstructions), inclusive, limited to 18 inches in height, as measured perpendicular to the roof surface, shall be permitted upon the roof of such ***accessory*** ***building*** within the ***rear yard***;
3. enclosed ***accessory*** parking spaces for bicycles shall be ***accessory*** to a ***residence*** other than a ***single-*** or ***two-family residence***, attached to a ***building***, and the area dedicated to such spaces shall not exceed the area of bicycle parking spaces permitted to be excluded from ***floor area*** pursuant to Section [25-85](https://zr.planning.nyc.gov/article-ii/chapter-5#25-85) (Floor Area Exemption);
3. any portion of a ***building*** used for ***residential uses*** other than ***dwelling units*** in ***buildings*** containing ***qualifying senior housing***, provided that:
1. such ***zoning lot*** is located in an R6 through R12 Districts other than R6B, R7B or R8B Districts;
2. such ***building*** portion is located within 100 feet of a ***wide street***;
3. the height of such ***building*** portion does not exceed one ***story***, or 15 feet above the adjoining grade, whichever is less; and
4. such space shall be accessible to all residents of the ***building***.
In addition, decks, parapet walls, roof thickness, skylights, vegetated roofs and weirs, as set forth in Section [23-41](https://zr.planning.nyc.gov/article-ii/chapter-3#23-41) (Permitted Obstructions), inclusive, limited to 18 inches in height, as measured perpendicular to the roof surface, shall be permitted upon the roof of such portion of a ***building*** within the ***rear yard***.
4. for ***single-*** or ***two- family residences***, any portion of a ***building*** used for ***residential uses***, provided that:
1. for any ***ancillary dwelling unit*** associated with a ***detached***, ***zero lot line*** or ***semi-detached*** ***building***, the height, at any level, shall be limited to one ***story***, not to exceed 15 feet. However, where an ***accessory*** parking space is provided below a portion of a ***building*** containing an ***ancillary dwelling unit***, the height of such ***building***, and an associated ***ancillary dwelling unit***, shall not exceed two ***stories*** or 25 feet in height above adjoining grade, whichever is less, including the apex of a pitched roof;
2. for ***detached*** and ***zero lot line*** ***buildings***, the height of all other portions of ***buildings*** not containing an ***ancillary dwelling unit*** shall be limited to two ***stories*** or 25 feet in height above adjoining grade, whichever is less, including the apex of a pitched roof;
3. the size shall be limited to an area not exceeding one-third of the ***rear yard*** or ***rear yard equivalent***; and
4. where such ***building*** is free-standing from other existing ***buildings*** on the ***zoning lot***, it shall not be closer than five feet to a ***rear lot line*** or ***side lot line***.
In addition, parapet walls, roof thickness, skylights, vegetated roofs and weirs, as set forth in Section [23-41](https://zr.planning.nyc.gov/article-ii/chapter-3#23-41) (Permitted Obstructions), inclusive, limited to 18 inches in height, as measured perpendicular to the roof surface, shall be permitted upon the roof of such portion of a ***building*** within the ***rear yard***.
However, no portion of a ***rear yard equivalent*** which is also a required ***front yard*** or required ***side yard*** may contain any obstructions not permitted in such ***front yard*** or ***side yard***.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In all districts, ***rear yards*** shall be provided on ***interior lots*** in accordance with this Section., except as otherwise provided pursuant to the provisions of Section [23-34](https://zr.planning.nyc.gov/article-ii/chapter-3#23-34), inclusive.
1. Standard lots
In the districts indicated, a ***rear yard*** shall be provided as follows:
1. For ***detached*** and ***zero lot line buildings***, for ***buildings*** or portions thereof at or below a height of 75 feet, as measured from ***base plane***, a ***rear yard*** with a depth of not less than 20 feet shall be provided at every ***rear lot line*** on any ***zoning lot***, and for portions above 75 feet, where permitted, a ***rear yard*** with a depth of 30 feet shall be provided; and
2. For ***semi-detached*** and ***attached*** ***buildings***:
1. for ***zoning lots*** with a ***lot width*** of less than 40 feet, a ***rear yard*** with a depth of not less than 30 feet shall be provided at every ***rear lot line*** on any ***zoning lot***; and
2. for ***zoning lots*** with a ***lot width*** of 40 feet or greater, for ***buildings*** or portions thereof at or below a height of 75 feet, as measured from ***base plane***, a ***rear yard*** with a depth of not less than 20 feet shall be provided at every ***rear lot line*** on any ***zoning lot***, and for portions above 75 feet, where permitted, a ***rear yard*** with a depth of 30 feet shall be provided.
2. Shallow lots
In the districts indicated, the provisions of this Section may be modified where an ***interior lot*** is less than 95 feet deep at any point, and the shallow lot condition was in existence on December 15, 1961, and, subsequently, such shallow lot condition has neither increased nor decreased in depth.
For such shallow ***interior lots***, or portions thereof, the depth of a required ***rear yard*** set forth for standard lots may be reduced by six inches for each foot by which the depth of a ***zoning lot***, or portion thereof, is less than 95 feet. However, in no event shall the minimum depth of a ***required yard***, or portion thereof, be reduced to less than 10 feet.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In all districts, ***rear yard equivalents*** shall be provided on ***through lots*** in accordance with this Section, except as otherwise provided pursuant to the provisions of Section [23-34](https://zr.planning.nyc.gov/article-ii/chapter-3#23-34), inclusive.
1. Exceptions
No ***rear yard equivalent*** regulations shall apply:
1. to any ***through lots*** that extend less than 110 feet in maximum depth from ***street*** to ***street***;
2. to ***large sites***;
3. to any ***zoning lot*** that includes a ***through lot*** portion that is contiguous on one side to two ***corner lot*** portions and such ***zoning lot*** occupies the entire ***block*** frontage of a ***street***; or
4. to any ***zoning lot*** occupying an entire ***block***.
2. Depth requirement
1. For standard lots
On any ***through lot*** that is 190 feet or more in maximum depth from ***street*** to ***street***, for ***buildings*** or portions thereof at or below a height of 75 feet, a ***rear yard equivalent*** consisting of an open area with a minimum depth of 40 feet shall be provided, and above a height of 75 feet, where permitted, a ***rear yard equivalent*** of 60 feet shall be provided.
2. For shallow lots
The depth of a ***rear yard equivalent*** may be reduced where a ***through lot*** is less than 190 feet deep at any point, and the shallow lot condition was in existence on December 15, 1961, and, subsequently, such shallow lot condition has neither increased nor decreased in depth.
For such shallow ***through lots***, or portions thereof, the depth of a required ***rear yard equivalent*** set forth for standard ***through lots*** in this Section, may be reduced by one foot by which the depth of a ***zoning lot***, or portion thereof, is less than 190 feet. However, in no event shall the minimum depth of a ***required yard***, or portion thereof, be reduced to less than 20 feet.
3. Location requirement
1. Standard location
A ***rear yard equivalent*** shall be provided midway, or within 10 feet of being midway, between the two ***street lines*** upon which such ***through lot*** fronts.
2. Alternative location allowances
Alternatively, for ***zoning lots*** utilizing the height and setback provisions for eligible sites in Section [23-434](https://zr.planning.nyc.gov/article-ii/chapter-3#23-434), the tower regulations of Section [23-435](https://zr.planning.nyc.gov/article-ii/chapter-3#23-435), or other height and setback provisions of this Resolution that modify or supersede the underlying provisions for R10 Districts without a letter suffix, or for shallow lots eligible for the provisions of paragraph (b)(2) of this Section, the following options may be applied:
1. open areas adjoining and extending along the full length of either or both ***street lines***, where the combined depth of such open areas is equivalent to the depth of the required ***rear yard equivalent***;
2. open areas adjoining and extending along the full length of each ***side lot line*** with a minimum width equivalent to half of the required ***rear yard equivalent***, as measured perpendicular from each ***side lot line***. However, the width of such open area along one ***side lot line*** may be decreased provided that a corresponding increase in width is made along the other ***side lot line*** and further provided that any open area shall have a minimum width of five feet. The allowances for permitted obstructions in any ***yard*** or ***rear yard equivalent*** set forth in Sections [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311) and [23-312](https://zr.planning.nyc.gov/article-ii/chapter-3#23-312) shall be permitted in such open areas.
Any such ***rear yard equivalent*** shall be unobstructed from its lowest level to the sky, except as provided in Section [23-341](https://zr.planning.nyc.gov/article-ii/chapter-3#23-341) (Permitted obstructions in required yards or rear yard equivalents).
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In all districts, as indicated, the ***rear yard*** requirements set forth in Section [23-342](https://zr.planning.nyc.gov/article-ii/chapter-3#23-342) (Rear yard requirements) and the ***rear yard equivalent*** requirements of Section [23-343](https://zr.planning.nyc.gov/article-ii/chapter-3#23-343) (Rear yard equivalent requirements) shall be modified as set forth in this Section.
1. Within one hundred feet of corners
In the districts 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.
2. Along ***short dimension of a block***
In the districts indicated, whenever a ***front lot line*** of a ***zoning lot*** coincides with the ***street line*** of the ***short dimension of a block***, no ***rear yard*** shall be required within 100 feet of such ***street line***
3. Beyond one hundred feet of a ***street line***
In all districts, as indicated, for ***interior*** or ***through lot*** portions of ***corner lots***, and for ***zoning lots*** bounded by two or more ***streets*** that are neither ***corner lots*** nor ***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 the following rules shall apply along such ***rear lot line***:
1. In all districts, a ***rear yard*** shall be provided in accordance with Section [23-342](https://zr.planning.nyc.gov/article-ii/chapter-3#23-342) (Rear yard requirements), where such ***rear lot line*** coincides with a ***rear lot line*** of an adjoining ***zoning lot***.
2. In R1 through R5 Districts, a ***rear yard*** with a minimum depth of five feet shall be provided where such ***rear lot line*** coincides with a ***side lot line*** of an adjoining ***zoning lot***.
3. In R6 through R12 Districts, no ***rear yard*** shall be required where such ***rear lot line*** coincides with a ***side lot line*** of an adjoining ***zoning lot***.
4. For zoning lots with multiple ***rear lot lines***
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 along such ***rear lot line***:
1. In all districts, where any such ***rear lot line*** coincides with the ***rear lot line*** of an adjoining ***zoning lot***, a ***rear yard*** shall be provided in accordance with Section [23-342](https://zr.planning.nyc.gov/article-ii/chapter-3#23-342) (Rear yard requirements).
2. In R1 through R5 Districts, a ***rear yard*** with a minimum depth of five feet shall be provided where such ***rear lot line*** coincides with a ***side lot line*** of an adjoining ***zoning lot***.
3. In R6 through R12 Districts, no ***rear yard*** shall be required where such ***rear lot line*** coincides with a ***side lot line*** of an adjoining ***zoning lot***.
4. In all districts, 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.
***Inner court*** regulations are set forth in Section [23-352](https://zr.planning.nyc.gov/article-ii/chapter-3#23-352) and ***outer court*** regulations are set forth in Section 23-353. Permitted obstructions in such ***courts*** are set forth in Section 23-351.
These regulations shall not apply to any ***single-*** or ***two-family*** ***detached*** ***residence***.
A corner of a ***court*** may be cut off between walls of the same ***building***, provided that the length of the wall of such cut-off does not exceed seven feet.
The Commissioner of Buildings may approve minor recesses, projections and architectural treatment of the outline of ***courts*** as long as these variations do not substantially change the depth or width of the ***court***.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the obstructions permitted in Section [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311) (Permitted obstructions in all yards, courts and open areas), as well as the following obstructions, shall be permitted within the minimum area and dimensions needed to satisfy the requirements for a ***court***. For the purposes of applying such allowances to ***courts***, all percentage calculations shall be applied to the area of the ***court*** instead of the ***yard***:
1. Fences;
2. Fire escapes in ***outer courts***;
Fire escapes in ***outer court recesses*** not more than five feet in depth;
Fire escapes in ***inner courts*** where such fire escapes are required as a result of alterations in ***buildings*** existing before December 15, 1961;
Fire escapes in ***outer court recesses*** more than five feet in depth where such fire escapes are required as a result of alterations in ***buildings*** existing before December 15, 1961;
3. ***Energy infrastructure equipment*** and ***accessory*** mechanical equipment, subject to the requirements set forth in paragraph (g) of Section [23-312](https://zr.planning.nyc.gov/article-ii/chapter-3#23-312) (Additional permitted obstructions generally permitted in all yards);
4. Recreational or drying yard equipment.
In addition, for ***courts*** at a level higher than the first ***story***, decks, skylights, parapet walls, roof thickness, solar energy systems up to four feet high, vegetated roofs, and weirs, as set forth in Section [23-41](https://zr.planning.nyc.gov/article-ii/chapter-3#23-41) (Permitted Obstructions), inclusive, shall be permitted.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the following ***inner court*** regulations shall apply:
1. where ***legally required windows*** face onto an ***inner court***, for ***buildings*** or portions thereof at or below a height of 75 feet, the area of an ***inner court*** shall not be less than 800 square feet, and the minimum dimension of such ***inner court*** shall not be less than 20 feet, and above a height of 75 feet, where permitted, the area of an ***inner court*** shall not be less than 1,200 square feet, and the minimum dimension of such ***inner court*** shall not be less than 30 feet;
2. where no ***legally required windows*** face onto an ***inner court***, for ***buildings*** or portions thereof at or below a height of 75 feet, the area of such small ***inner court*** shall not be less than 200 square feet and no dimension shall be less than 10 feet, and above a height of 75 feet, where permitted, the area of such small ***inner court*** shall not be less than 300 square feet and no dimension shall be less than 15 feet; and
3. the width of an ***inner court recess*** shall be at least equal to the depth of the ***inner court recess***, except that such width need not exceed the minimum dimension for an ***inner court***, relative to the height.
For the purposes of this Section, that portion of an open area not part of an ***inner court*** and over which, when viewed directly from above, lines perpendicular to a ***lot line*** may be drawn into such ***inner court***, shall be considered part of such ***inner court***.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the following ***outer court*** regulations shall apply:
1. where ***legally required windows*** face onto an ***outer court***, the width of such ***outer court*** shall be at least equal to the depth of such ***outer court***, except that an ***outer court*** may extend to any depth where the width of the ***outer court*** is 20 feet or more in ***buildings*** or portions thereof, at or below a height of 75 feet, or where the width of the ***outer court*** is 30 feet or more above a height of 75 feet, where permitted;
2. where no ***legally required windows*** face onto an ***outer court***, for ***buildings*** or portions thereof at or below a height of 75 feet, the area of such small ***outer court*** shall not be less than 200 square feet and no dimension shall be less than 10 feet, and above a height of 75 feet, where permitted, the area of such small ***outer court*** shall not be less than 300 square feet and no dimension shall be less than 15 feet; and
3. the width of an ***outer court recess*** shall be at least equal to the depth of the ***outer court recess***, except where such width permits any depth for an ***outer court***, relative to the height.
For ***developments*** or ***enlargements*** of ***residences***, the maximum ***lot coverage*** regulations are set forth in Section [23-361](https://zr.planning.nyc.gov/article-ii/chapter-3#23-361) for R1 through R5 Districts and Section [23-362](https://zr.planning.nyc.gov/article-ii/chapter-3#23-362) for R6 through R12 Districts. Special rules for certain ***interior*** or ***through lots*** are set forth in Section 23-363.
R1 R2 R3 R4 R5
1. For ***single-*** or ***two-family residences***
In the districts indicated, for ***zoning lots*** with ***buildings*** containing ***single-*** or ***two-family residences***, the maximum ***residential*** ***lot coverage*** shall be as set forth in the following table.
MAXIMUM RESIDENTIAL LOT COVERAGE FOR SINGLE OR TWO-FAMILY RESIDENCES
| | | |
|---|---|---|
| | **Lot type** | |
| **District** | *****Interior lots*** or ***through lots*** (percent)** | *****Corner lots*** (percent)** |
| R1 R2 | 40 | 80 |
| R3 | 50 | 80 |
| R4 R5 | 60 | 80 |
However, in R2X, R3A and R3X Districts, the maximum ***residential*** ***lot coverage*** shall be that ***lot coverage*** remaining after the application of all required ***yards*** on the ***zoning lot***.
2. For ***multiple dwelling residences***
In the districts indicated, for ***zoning lots*** with ***buildings*** containing ***multiple dwelling residences***, where permitted, the maximum ***residential*** ***lot coverage*** for ***interior lots*** or ***through lots*** shall be 80 percent and the maximum ***residential*** ***lot coverage*** for ***corner lots*** shall be 100 percent.
However, for ***large sites*** with ***buildings*** utilizing the provisions of Section [23-425](https://zr.planning.nyc.gov/article-ii/chapter-3#23-425) (Height and setback modifications for large sites), the maximum ***residential*** ***lot coverage*** of the entire site shall be 50 percent. Individual ***corner lot***, ***interior lot***, or ***through lot*** portions may exceed such overall maximum, provided they do not exceed the respective maximums that would apply to ***zoning lots*** that are not ***large sites***.
R6 R7 R8 R9 R10 R11 R12
1. For standard lots
In the districts indicated, the maximum ***residential*** ***lot coverage*** for ***interior lots*** or ***through lots*** shall be 80 percent and the maximum ***residential*** ***lot coverage*** for ***corner lots*** shall be 100 percent.
2. For eligible sites
In the districts indicated, for ***zoning lots*** with ***buildings*** utilizing the eligible site provisions of Section [23-434](https://zr.planning.nyc.gov/article-ii/chapter-3#23-434) (Height and setback modifications for eligible sites), the maximum ***residential*** ***lot coverage*** of the entire site shall be:
1. 65 percent on ***zoning lots*** with a ***lot area*** of 30,000 square feet or more that are not ***large sites***; and
2. 50 percent on ***large sites***.
Individual ***corner lot***, ***interior lot***, or ***through lot*** portions may exceed such overall maximum, provided they do not exceed the respective maximums that would apply to ***zoning lots*** that are not utilizing the eligible site provisions.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the maximum ***lot coverage*** set forth in Section [23-361](https://zr.planning.nyc.gov/article-ii/chapter-3#23-361) (Maximum lot coverage in R1 through R5 Districts) or [23-362](https://zr.planning.nyc.gov/article-ii/chapter-3#23-362) (Maximum lot coverage in R6 through R12 Districts), as applicable, may be increased in accordance with the provisions of this Section.
1. Shallow ***zoning lots***
For ***zoning lots*** eligible for the ***rear yard*** modifications for shallow ***interior lots*** set forth in Section [23-342](https://zr.planning.nyc.gov/article-ii/chapter-3#23-342) (Rear yard requirements) or the ***rear yard equivalent*** modifications for shallow ***through lots*** set forth in Section [23-343](https://zr.planning.nyc.gov/article-ii/chapter-3#23-343) (Rear yard equivalent requirements), the maximum ***lot coverage*** of such ***zoning lot***, or portion thereof, may be increased by one percent for every five feet the depth of such ***zoning lot***, or portion thereof, is less than 95 feet for ***interior lots*** or 190 feet for ***through lots***. Where the ***front lot line*** or ***rear lot line*** of a ***zoning lot*** intersects a ***side lot line*** at an angle other than 90 degrees, the depth of such ***zoning lot***, or portion thereof, shall be measured at the midpoint of such irregularly angled ***lot line***.
In no event shall the maximum ***lot coverage*** of an ***interior lot*** or ***through lot*** exceed 90 percent. Shallow portions of a ***zoning lot*** may exceed such maximum, so long as the adjusted maximum ***lot coverage*** complies with such maximum.
2. Within 100 feet of corners
In the districts indicated, for ***interior*** or ***through lots***, or portions thereof, within 100 feet of the point of intersection of two ***street lines*** intersecting at an angle of 135 degrees or less, the maximum ***lot coverage*** shall be 100 percent.
3. Along the short dimension of the block
In the districts indicated, whenever a ***front lot line*** of an ***interior*** or ***through lot*** coincides with the ***street line*** of the ***short dimension of a block***, the maximum ***lot coverage*** for such ***zoning lot***, or portion thereof, shall be 100 percent within 100 feet of such ***street line***.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In all districts, as indicated, the minimum distance between the portion of a ***building*** containing ***residences*** and any other ***building*** on the same ***zoning lot*** shall be as provided in this Section.
For the purpose of this Section, ***abutting*** ***buildings*** on a single ***zoning lot*** may be considered a single ***building***. However, if two or more portions of a ***building*** are not connected or not ***abutting*** at a particular level, such separated portions shall comply with the applicable provisions of this Section. In applying such provisions, the height of such separated portions shall be measured from the roof of the connecting or ***abutting*** portion of such ***building***, as applicable, instead of from the ***base plane***.
1. Exceptions
The provisions of this Section shall not apply to:
1. ***buildings*** that are separated from each other by a ***rear yard equivalent***; or
2. space between a ***single-family***, ***two-family***, or three-family ***residence*** and a garage ***accessory*** thereto.
2. For ***single-*** and ***two-family residences***
For ***buildings*** with two or fewer ***dwelling units***, the required minimum distance between any such ***residences*** and any other ***building*** with two or fewer ***dwelling units*** on the same ***zoning lot***, or a non-***residential*** ***building*** on the same ***zoning lot*** shall vary according to the height of such ***buildings***. Such minimum distance shall be measured perpendicular to the ***building*** wall or window, as applicable. However, for ***buildings*** with two or fewer ***dwelling units***, the required minimum distance between any such ***residences*** and an ***ancillary dwelling unit*** on the same ***zoning lot*** shall be 10 feet.
For ***buildings*** with two or fewer ***dwelling units***, the required minimum distance between any such ***residences*** and a ***building*** with three or more ***dwelling units*** on the same ***zoning lot*** shall be subject to the provisions of paragraph (c) of this Section.
| | | | |
|---|---|---|---|
| | **Maximum ***Building*** Height above ***Base Plane*** or ***Curb Level***, as Applicable (in feet)** | | |
| | 35 or less | Between 35 and 50 | Over 50 |
| Minimum distance | 15 | 20 | 30 |
3. For ***buildings*** that contain three or more ***dwelling units***
The minimum distance between a ***building*** containing three or more ***dwelling units*** and any other ***building*** on the ***zoning lot*** shall be applied in accordance with the provisions of this Section. Where two or more portions of a ***building*** are separated completely from one another at a particular level above grade, such separated portions shall comply with paragraph (c)(1) of this Section. Where there are multiple ***buildings*** on a single ***zoning lot*** that do not connect at any level, such ***buildings*** shall comply with paragraph (c)(2) of this Section.
1. For separated portions of a ***building***
The required minimum distance between any separated portion of a ***building*** containing ***dwelling units*** shall be as follows:
1. where ***legally required windows*** face onto a separated portion of a ***building*** at or below a height of 75 feet, the minimum dimension between such separated portions shall not be less than 20 feet, and above a height of 75 feet, where permitted, the minimum dimension shall not be less than 30 feet; and
2. where no ***legally required windows*** face onto a separated portion of a ***building*** at or below a height of 75 feet, the minimum dimension between such separated portions shall not be less than 10 feet, and above a height of 75 feet, where permitted, the minimum dimension shall not be less than 15 feet.
2. Two or more ***buildings*** on a single ***zoning lot***
The minimum distance between two or more ***buildings*** on the same ***zoning lot*** that are not connected at any level shall be 40 feet, as measured between the closest points of such ***buildings***, for portions of ***buildings*** lower than 125 feet, as measured from the ***base plane*** or ***curb level***, as applicable.
Portions of such ***buildings*** higher than 125 feet shall be at least 80 feet apart, as measured between the closest points of such ***buildings***. However, such minimum distance need not exceed 40 feet if such portions of ***buildings*** above a height of 125 feet do not exceed, in aggregate, a ***lot coverage*** of 40 percent or, for lots of less than 20,000 square feet, the percentage set forth in the table below:
AGGREGATED LOT COVERAGE OF PORTIONS OF BUILDINGS ON A SMALL ZONING LOT
| | |
|---|---|
| **Area of ***Zoning Lot***** **(in square feet)** | **Maximum Percent of** *****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 |
4. In addition, the following rules shall apply to:
1. any portion of a ***building*** that qualifies as a ***building segment*** may be treated as a separate ***building*** for the purposes of determining the minimum distance required between such ***building segment*** and another ***building*** or ***building segment***;
2. where ***buildings*** of different heights face each other, the average of the heights of such ***buildings*** shall determine the minimum distance required between them;
3. projections having a maximum height of 25 feet above adjoining grade, a maximum depth of five feet, and an aggregate width not exceeding 25 percent of the ***building*** wall from which they project, may penetrate the minimum spacing requirements. However, such projections shall not be permitted in open spaces provided pursuant to paragraph (c)(2) of this Section; and
4. the obstructions permitted in Section [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311) shall be permitted in such minimum distance.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
The minimum distance between ***legally required windows*** and walls or ***lot lines*** shall be as set forth in this Section.
For the purposes of this Section, ***abutting*** ***buildings*** on the same ***zoning lot*** shall be considered a single ***building***.
1. Exceptions
This Section shall not apply to ***legally required windows*** in ***buildings*** containing ***residences*** with a maximum height of 35 feet, as measured from ***base plane***, and with a maximum of three ***dwelling units***.
2. Basic provisions
The minimum distance between a ***legally required window*** and:
1. any wall;
2. a ***rear lot line***, or vertical projection thereof; or
3. a ***side lot line***, or vertical projection thereof;
shall be 20 feet, measured in a horizontal plane at the sill level of, and perpendicular to, such window for the full width of the rough window opening.
The obstructions permitted for any ***yard*** set forth in Section [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311) shall be permitted in such minimum distance.
3. For shallow lots
For ***interior lots***, where the depth is less than 95 feet deep at any point, the minimum distance between a ***legally required window*** and a ***rear lot line***, or vertical projection thereof, may be modified to equal the ***rear yard*** depth required for shallow lots pursuant to the provisions of Section [23-342](https://zr.planning.nyc.gov/article-ii/chapter-3#23-342) (Rear yard requirements). However, in no event shall such minimum distance between a ***legally required window*** and a ***rear lot line***, or vertical projection thereof, be less than 10 feet.
4. Special provisions for R3 through R5 Districts
In R3, R4 and R5 Districts, the minimum dimension between a ***legally required window*** and a ***side lot line*** shall be 15 feet. Such 15-foot dimension shall be measured in a horizontal plane perpendicular to the ***side lot line*** or vertical projection thereof. Furthermore, such area with a 15-foot dimension shall be open from its lowest level to the sky for the entire length of the ***side lot line***. Only ***accessory*** mechanical equipment limited in depth to 18 inches from an exterior wall, chimneys, downspouts, eaves, ***qualifying exterior wall thickness***, gutters, open ***accessory*** off-street parking spaces, ramps for access by people with disabilities, and steps shall be permitted obstructions in such open area, subject to the conditions set forth in Sections [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311) or [23-312](https://zr.planning.nyc.gov/article-ii/chapter-3#23-312), provided that such obstructions, not including ***qualifying exterior wall thickness*** and ***accessory*** mechanical equipment, will not reduce the minimum width of the open area by more than three feet.
In all districts, for ***buildings*** containing ***multiple dwelling residences*** on ***zoning lots*** that adjoin a ***public park***, the minimum distance between a ***legally required window*** and a ***lot line*** need not apply to portions of ***buildings*** facing such ***public park*** where the Commissioner of the Department of Parks and Recreation determines that the ***public park*** will provide sufficient access to light and air for such ***building’s*** ***legally required windows***. Where the Commissioner makes such determination, the ***public park*** shall be considered a ***street*** for the purposes of applying other applicable laws or statutes to such ***legally required window***.
Height and setback regulations are set forth in Section [23-42](https://zr.planning.nyc.gov/article-ii/chapter-3#23-42), inclusive, for R1 through R5 Districts and Section [23-43](https://zr.planning.nyc.gov/article-ii/chapter-3#23-43), inclusive, for R6 through R12 Districts. Special rules governing certain areas are set forth in Section [23-44](https://zr.planning.nyc.gov/article-ii/chapter-3#23-44). Permitted obstructions to maximum heights are set forth in Section [23-41](https://zr.planning.nyc.gov/article-ii/chapter-3#23-41).
For ***zoning lots*** with ***buildings*** containing multiple ***uses*** or multiple ***buildings*** with different ***uses***, inclusive of ***residences***, subject to different height and setback regulations for the applicable district, the applicable height and setback regulations shall be whichever regulations permit the tallest overall heights.
In all ***Residence Districts***, the obstructions set forth in this Section, inclusive, shall be permitted to penetrate a maximum height limit set forth in Sections [23-42](https://zr.planning.nyc.gov/article-ii/chapter-3#23-42) (Height and Setback Requirements in R1 Through R5 Districts), [23-43](https://zr.planning.nyc.gov/article-ii/chapter-3#23-43) (Height and Setback Requirements for R6 Through R12 Districts) or [23-44](https://zr.planning.nyc.gov/article-ii/chapter-3#23-44) (Special Provisions for Certain Areas).
In all ***Residence Districts***, the following obstructions shall be permitted to penetrate a maximum height limit or ***sky exposure plane***. These allowances are generally common to ***Residence***, ***Commercial*** and ***Manufacturing Districts***.
1. 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 railing permitted in accordance with 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;
2. ***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 the applicable height and setback regulations;
3. Chimneys or flues, with a total width not exceeding 10 percent of the ***aggregate width of street walls*** of a ***building*** at any level;
4. Decks, and other surfaces for recreational activities, not more than 3 feet, 6 inches in height, as measured from the maximum height limit;
5. Flagpoles or aerials;
6. Parapets, railings, or safety guards, whether applied singly, or in combination, provided that:
1. parapets shall not exceed four feet in height;
2. railings shall not exceed 4 feet, 6 inches in height, and shall be at least 50 percent open for the portion that exceeds four feet in height; and
3. safety guards shall not exceed 10 feet in height and shall be at least 90 percent transparent for the portion that exceeds four feet in height;
7. ***Qualifying exterior wall thickness***;
8. Roof thickness, up to 12 inches, to accommodate the addition of insulation, for ***buildings*** or portions of ***buildings*** constructed prior to December 5, 2024. For a ***building*** that has added roof thickness pursuant to this paragraph, the height of any other permitted obstruction may be measured from the finished level of the roof instead of the maximum height limit or ***sky exposure plane***;
9. Skylights, clerestories or other daylighting devices, not more than four feet in height, as measured from the maximum height limit. 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;
10. Solar energy systems, ***accessory*** or as part of an ***energy infrastructure equipment***:
1. on the roof, or any portion thereof, of a ***building***, with a slope less than 20 degrees: up to a height of 15 feet, or, when located on a bulkhead or other obstruction of this Section, a height of six feet; or
2. on the roof, or any portion thereof, of a ***building***, which has a slope of more than 20 degrees: up to a height of 60 inches in height, as measured perpendicular to the roof surface;
11. Vegetated roofs, not more than 3 feet, 6 inches in height, excluding vegetation, as measured from the maximum height limit. 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;
12. 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;
13. Window washing equipment mounted on a roof;
14. Wire, chain link or other transparent fences.
In all ***Residence Districts***, the obstructions set forth in Section [23-411](https://zr.planning.nyc.gov/article-ii/chapter-3#23-411) (General permitted obstructions), as well as the following obstructions, shall be permitted to penetrate a maximum height limit or ***sky exposure plane***:
1. Balconies, unenclosed, subject to the provisions of Section [23-62](https://zr.planning.nyc.gov/article-ii/chapter-3#23-62) (Balconies);
2. Dormers having an ***aggregate width of street walls*** equal to not more than 50 percent of the width of the ***street wall*** of a ***detached*** or ***semi-detached*** ***single-*** or ***two-family residence***;
3. Elevator or stair bulkheads (including shafts and vestibules), roof water tanks, ***energy infrastructure equipment***, and ***accessory*** mechanical equipment (including enclosures or other screening), other than solar or wind energy systems (whether ***accessory*** or as part of ***energy infrastructure equipment***), 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, does not exceed 30 percent of the ***street wall*** width of the ***building*** facing such frontage;
2. the aggregate area of such obstructions, including any screening, does not exceed 50 percent of the ***lot coverage*** of the ***building*** and the height of such obstructions shall not exceed 15 feet above the maximum permitted height, except where otherwise permitted by paragraph (c)(3) of this Section;
3. the aggregate area of such obstructions, including any screening, does not exceed 30 percent of the ***lot coverage*** of the ***building***, and the height of such obstructions shall not exceed:
1. R1 through R5 Districts, for ***buildings*** on ***qualifying residential sites***, or in R3-2, R4, and R5 Districts, except R4-1, R4A, R4B and R5A Districts, for any ***building***, a height of 25 feet above the maximum permitted height;
2. in R6 through R12 Districts:
1. where the maximum permitted height of a ***building*** is 120 feet or lower, a height of 35 feet above the maximum permitted height; and
2. where the maximum permitted height of a ***building*** is greater than 120 feet, a height of 55 feet above the maximum permitted height; and
4. all equipment shall be subject to the applicable provisions of Section [26-50](https://zr.planning.nyc.gov/article-ii/chapter-6#26-50) (SPECIAL SCREENING AND ENCLOSURE PROVISIONS);
4. Wind energy systems, ***accessory*** or as part of an ***energy infrastructure equipment***, on portions of ***buildings*** with a height of 100 feet or greater, provided:
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. the diameter of the swept area of the rotor does not exceed 15 feet.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
1. In the districts indicated, for those ***buildings*** that are subject to Section [23-421](https://zr.planning.nyc.gov/article-ii/chapter-3#23-421) (Basic pitched-roof envelopes for certain districts), permitted obstructions are limited to chimneys, dormers, ***qualifying exterior wall thickness***, flagpoles or aerials, parapet walls, roof thickness, skylights, solar energy systems and vegetated roofs pursuant to Section [23-411](https://zr.planning.nyc.gov/article-ii/chapter-3#23-411) (General permitted obstructions).
2. In the districts indicated, for ***buildings*** other than those subject to the provisions set forth in Section [23-421](https://zr.planning.nyc.gov/article-ii/chapter-3#23-421), for those ***buildings*** subject to any height and setback regulations, the following rules shall apply within a required front setback distance above a maximum base height:
1. Dormers shall be allowed as a permitted obstruction, provided that on any ***street*** frontage, either one of the following methods is applied:
1. the aggregate width of all dormers at the maximum base height does not exceed 60 percent of the width of the ***street wall*** of the highest ***story***entirely below the maximum base height. For each foot above the maximum base height, the aggregate width of all dormers shall be decreased by one percent of the ***street wall*** width of the highest ***story*** entirely below the maximum base height; or
2. the aggregate width of all dormers at the maximum base height does not exceed 40 percent of the width of the ***street wall*** of the highest ***story*** entirely below the maximum base height. Such dormers need not decrease in width as the height above the maximum base height increases.
Where towers allowances are utilized pursuant to the provisions of Section [23-435](https://zr.planning.nyc.gov/article-ii/chapter-3#23-435), dormers may only rise to a height equivalent to 75 percent of the height of the tower portion. Such dormer shall be included in the calculation of tower coverage.
2. Solar energy systems on a roof shall be limited to four feet or less in height, as measured from the maximum height limit, or the finished level of the roof, whichever is higher. However, on a roof with a slope greater than 20 degrees, such systems shall be limited to 18 inches in height as measured perpendicular to the roof surface.
3. Wind energy systems shall not be allowed as permitted obstructions.
4. Window washing equipment shall not be allowed as permitted obstructions.
R1 R2 R3 R4 R5
In the districts indicated, the height and setback regulations of a ***building or other structure*** shall be as set forth in Section [23-421](https://zr.planning.nyc.gov/article-ii/chapter-3#23-421) (Basic pitched-roof envelopes for certain districts) and [23-422](https://zr.planning.nyc.gov/article-ii/chapter-3#23-422) (Basic flat-roof envelopes for certain districts). Where applicable, standard setback provisions are set forth in Section 23-423.
Such heights may be increased on ***qualifying residential sites*** or on ***zoning lots*** containing ***qualifying senior housing***, or for certain ***large sites***, pursuant to Sections [23-424](https://zr.planning.nyc.gov/article-ii/chapter-3#23-424) or [23-425](https://zr.planning.nyc.gov/article-ii/chapter-3#23-425), respectively.
Additional provisions are set forth in Section [23-426](https://zr.planning.nyc.gov/article-ii/chapter-3#23-426) and Section [23-44](https://zr.planning.nyc.gov/article-ii/chapter-3#23-44), inclusive.
The height of all ***buildings or other structures*** shall be measured from the ***base plane***. For the purposes of this Section, where ***base planes*** of different elevations apply to different portions of a ***building or other structure***, each such portion of the ***building*** may be considered to be a separate ***building***. Furthermore, for the purposes of this Section, ***building segments*** may be considered to be separate ***buildings*** and ***abutting*** ***semi-detached*** ***buildings*** may be considered to be one ***building***.
R1 R2 R3A R3X R3-1 R3-2 R4 R4-1 R4A R5A
In the districts indicated, the height and setback regulations for ***single-*** or ***two-family*** ***detached***, ***semi-detached***, or ***zero lot line*** ***buildings or other structures***, where permitted, shall be set forth in this Section.
The perimeter walls of a ***building or other structure*** are those portions of the outermost walls enclosing the ***floor area*** within a ***building or other structure*** at any level and height is measured from the ***base plane***. Perimeter walls are subject to setback regulations at a maximum height above the ***base plane*** of 25 feet.
Above these heights, sloping planes control the maximum height of the ***building or other structure*** requiring either a setback or a pitched roof. These planes start at the maximum permitted height of the perimeter walls and meet at a ridge line of 35 feet above the ***base plane***. The exact locations of these planes are flexible and are determined in the following steps set forth in paragraphs (a) through (g):
1. At a height of 35 feet above and parallel to the ***base plane***, a plane is projected above the area enclosed by and including the perimeter walls of the ***building or other structure***. A second plane (the perimeter wall plane) is projected in the same manner at a height of 25 feet above the ***base plane***. (See Figure A)
2. Each perimeter wall of the ***building or other structure*** with a horizontal dimension of eight feet or more which projects from an adjacent perimeter wall at least 18 inches may have an apex point directly above it on the 35-foot-high plane. (See Figure B). The location of the apex point is flexible provided it is directly above its perimeter wall and provided a line drawn from the intersection of two perimeter walls to such an apex point does not exceed 80 degrees to the horizontal. An apex point is not required for each qualifying perimeter wall; however, the maximum number of apex points above each such wall is one.
3. One “ridge line” is extended in a straight line from each apex point along the 35-foot-high plane. Ridge lines which connect two apex points may cross other ridge lines. Otherwise, ridge lines which extend from only one apex point must terminate at a point of intersection with another ridge line. (See Figure C)
4. Sloping planes are extended in a straight line outward and downward from each ridge line until they intersect the perimeter wall plane. Every sloping plane generated must intersect the perimeter wall plane for the full width of the ridge line from which it extends. (See Figure D). The maximum angle of pitch for any sloping plane may not exceed 80 degrees to the horizontal. Sloping planes extended from ridge lines perpendicular or within 45 degrees of being perpendicular to each other may intersect, in which case the higher plane defines the limit of the envelope. Sloping planes extended from ridge lines parallel or within 45 degrees of being parallel to each other must intersect the perimeter wall plane without intersecting each other.
5. The perimeter walls are then extended vertically beyond the perimeter wall plane, up to the heights defined by the sloping planes generated in paragraph (d). (See Figure E). The perimeter walls of the ***building or other structure***, the sloping planes and the perimeter wall extensions define the ***building*** envelope. (See Figure F).
6. Special Situations
For convex curved perimeter walls, the ***building or other structure*** must be within a plane curve tapering uniformly to a vertex located at a height of 35 feet. For concave curved perimeter walls, the ***building or other structure*** must lie within a plane curve extending from the maximum perimeter wall height to a ridge line parallel to the prolongation of the perimeter wall at the 35-foot level. Such plane curves may not exceed a pitch of 80 degrees in relation to a plane drawn parallel to the ***base plane*** at the maximum height of the permitted perimeter wall. (See Figure G).
7. In R1 and R2 Districts without a letter suffix, for ***zoning lots*** that either:
1. have a ***lot area*** of at least 9,500 square feet and ***lot width*** of at least 100 feet; or
2. have a slope, as measured from the ***street wall line level*** to the ***rear wall line level***, of at least five percent to the horizontal;
the reference plane for applying the regulations of this Section may be located up to five feet above the ***base plane***.
R3-2 R4 R4B R5 R5B R5D
In the districts indicated, the height and setback regulations for ***buildings or other structures*** shall be set forth in this Section.
R3-2 R4
1. In the districts indicated, for ***residences*** not subject to the provisions of Section [23-421](https://zr.planning.nyc.gov/article-ii/chapter-3#23-421), the maximum ***building*** height shall be 35 feet.
R4B
1. In the district indicated, the maximum ***building*** height shall be 25 feet.
R5B
1. In the district indicated, the maximum ***building*** height shall be 35 feet.
R5
1. In the district indicated, except R5 Districts with a letter suffix, the maximum base height shall be 35 feet, and the maximum ***building*** height shall be 45 feet. At a height not higher than the maximum base height, a setback shall be provided in accordance with Section 23-423.
R5D
1. In the district indicated, the maximum ***building*** height shall be 45 feet.
Where minimum setback regulations are specific for a particular ***building*** envelope for a particular district, the following shall apply.
At a height not higher than the maximum base height specified for the applicable district, a setback with a depth of at least 10 feet shall be provided from any ***street wall*** fronting on a ***wide street***, and a setback with a depth of at least 15 feet shall be provided from any ***street wall*** fronting on a ***narrow street***. Such minimum setbacks may be modified as follows:
1. The depth of such required setback may be reduced by one foot for every foot that the ***street wall*** is located beyond the minimum required ***front yard***, but in no event shall a setback of less than seven feet in depth be provided, except as otherwise set forth in this Section. To allow ***street wall*** articulation, where a ***street wall*** is divided into different segments and located at varying depths from the ***street line***, such permitted setback reduction may be applied to each ***street wall*** portion separately.
2. The depth of such setbacks may include the depth of recesses or ***outer courts*** in the ***street wall*** of the ***building*** base, provided that the aggregate width of any such recessed portion of a ***street wall*** with a setback less than seven feet, as applicable, does not exceed 30 percent of the ***aggregate width of street wall*** at any level.
3. These setback provisions are optional for any ***building*** wall that either is located beyond 50 feet of a ***street line***, or oriented so that lines drawn perpendicular to it, in plan, would intersect a ***street line*** at an angle of 65 degrees or less. In the case of an irregular ***street line***, the line connecting the most extreme points of intersection shall be deemed to be the ***street line***.
4. Dormers provided in accordance with the provisions of Section [23-413](https://zr.planning.nyc.gov/article-ii/chapter-3#23-413) (Permitted obstructions in certain districts) may penetrate a required setback area.
R1 R2 R3 R4 R5
In the districts indicated, for ***qualifying residential sites***, the height and setback modifications set forth in this Section shall apply.
The maximum base height and maximum ***building*** height shall be as set forth in the following table. At a height not higher than the maximum base height, a setback shall be provided in accordance with Section 23-423.
MAXIMUM BASE HEIGHT AND MAXIMUM ***BUILDING*** HEIGHTS FOR ***QUALIFYING RESIDENTIAL SITES*** AND ***QUALIFYING SENIOR HOUSING***
| | | |
|---|---|---|
| **District** | **Maximum Base Height (in feet)** | **Maximum Height of ***Buildings or other Structures*** (in feet)** |
| R1-1 R1-2 R1-2A R2 R2A R2X R3-1 R3-2 R3A R3X | 35 | 35 |
| R4 R4-1 R4A R4B | 35 | 45 |
| R5 R5A R5B R5D | 45 | 55 |
R1 R2 R3 R4 R5
In the districts indicated, for ***zoning lots*** that meet the criteria of paragraph (a) of this Section, the height and setback modifications set forth in paragraph (b) shall apply.
1. Eligible sites
The provisions of this Section shall apply to ***large sites*** that are ***qualifying residential sites*** or ***zoning lots*** located in R3-2, R4, R5, R5B or R5D Districts.
However, for ***large sites*** with existing ***buildings***, eligible portions of the ***zoning lot*** for ***developments*** or ***enlargements***:
1. shall not include open space with amenities used for recreational purposes, such as play equipment, court game facilities, ball fields or fixed tables and chairs, unless such space is replaced in kind and size on the same ***zoning lot***; and
2. shall be located, partially or entirely, within 100 feet of a ***street line***.
2. Modified height and setback provisions
For eligible ***zoning lots***, the maximum base height and maximum ***building*** heights set forth in Section [23-424](https://zr.planning.nyc.gov/article-ii/chapter-3#23-424) shall apply. However, where either the height at roof level of an existing ***building***, or ornamental features in an existing non-***residential*** ***building or other structure***, meet or exceed the maximum heights set forth in such table, the maximum heights may be increased by 10 feet, or the height of such roof level or ornamental feature, whichever is lower.
R1 R2 R3 R4 R5
In the districts indicated, the following additional regulations shall apply:
1. For any ***zoning lot*** located in a Historic District designated by the Landmarks Preservation Commission, any applicable maximum height regulations of Section [23-42](https://zr.planning.nyc.gov/article-ii/chapter-3#23-42), inclusive, or as modified in any applicable Special District, may be modified as follows: the maximum base height may vary between the maximum set forth in Sections [23-422](https://zr.planning.nyc.gov/article-ii/chapter-3#23-422), [23-424](https://zr.planning.nyc.gov/article-ii/chapter-3#23-424), and [23-425](https://zr.planning.nyc.gov/article-ii/chapter-3#23-425), and the height of an adjacent ***building*** before setback, if such height is higher than the maximum base height.
2. For ***buildings*** containing ***multiple dwelling residences*** with ***street wall*** widths exceeding 150 feet, as measured parallel to the ***street line***, a minimum of 20 percent of the entire surface area of each ***street wall*** shall either recess or project a minimum of three feet from the ***street wall***. The depth of required recesses or projections of a ***building*** shall be measured from the ***street wall***.
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the ***street wall*** location of a ***building*** shall be as set forth in Section [23-431](https://zr.planning.nyc.gov/article-ii/chapter-3#23-431), the height and setback regulations of a ***building or other structure*** shall be as set forth in Section [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432), and standard setback provisions shall be as set forth in Section 23-433.
The maximum heights set forth in Section [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432) may be modified for ***zoning lots*** meeting certain criteria, in accordance with Section [23-434](https://zr.planning.nyc.gov/article-ii/chapter-3#23-434), or where towers are permitted in accordance with Section 23-435. Additional height and setback provisions are set forth in Section [23-436](https://zr.planning.nyc.gov/article-ii/chapter-3#23-436) and Section [23-44](https://zr.planning.nyc.gov/article-ii/chapter-3#23-44), inclusive.
The height of all ***buildings or other structures*** shall be measured from the ***base plane***. For the purposes of this Section, where ***base planes*** of different elevations apply to different portions of a ***building or other structure***, each such portion of the ***building*** may be considered to be a separate ***building***.
***Lot coverages*** for towers, including maximums and minimums, where applicable, shall be applied at every level.
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the applicable ***street wall*** location provisions of this Section shall apply. Such provisions shall apply to the portion of a ***street wall*** located below the maximum base height and before the required setback as set forth in Section [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432) (Height and setback requirements).
1. Line-up rules
In R6B, R7B, and R8B Districts, the ***street wall*** of a ***building*** shall be located no closer to the ***street line*** than the closest ***street wall***, or portion thereof, nor further from the ***street line*** than the furthest ***street wall***, or portion thereof, of an existing adjacent ***building*** on the same or an adjoining ***zoning lot*** located on the same ***street*** frontage. Eligible adjacent ***buildings*** shall be located within 15 feet of the ***street line***, within 25 feet of the subject ***building***, and have a height that exceeds 35 feet. Where an existing adjacent ***building*** has multiple ***street walls*** located at varying depths from the ***street line***, the subject ***street wall*** shall not be located closer to the ***street line*** than the furthest portion of such existing adjacent ***street wall*** that is at least five feet in width and extends to at least half the height of the ***building***.
However, where, the ***street wall*** surrounding the subject ***building*** do not have a ***prevailing street wall frontage***, the applicable ***street wall*** regulations of paragraph (b) may be applied.
2. Percentage-based rules
For all ***buildings*** that are not subject to the provisions of paragraph (a), the following shall apply:
1. Along ***wide streets***, at least 70 percent of the ***aggregate width of street walls*** shall be located within eight feet of the ***street line*** and extend to at least the minimum base height specified in Section [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432), 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. Along ***narrow streets***, at least 70 percent of the ***aggregate width of street wall*** shall be located within 10 feet of the ***street line*** and extend to at least the minimum base height specified in Section [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432), or the height of the ***building***, whichever is less. Up to 30 percent of the ***aggregate width of street walls*** may be recessed beyond 10 feet of the ***street line***, provided that any such recesses deeper than 15 feet are located within an ***outer court***.
However, where the ***street walls*** surrounding the subject ***building*** are located on a ***block*** with a ***prevailing street wall frontage*** that is located further from the ***street line*** than the applicable provisions of this paragraph, the line-up provisions of paragraph (a) of this Section may be applied.
3. Modifications for large zoning lots
Notwithstanding the provisions of paragraph (a) or (b) of this Section, for ***zoning lots*** with a ***lot area*** of at least 40,000 square feet or for ***zoning lots*** that occupy an entire ***block***, at least 50 percent of the ***aggregate width of street walls*** shall be located within 15 feet of the ***street line*** and extend to at least the minimum base height specified in Section [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432), or the height of the ***building***, whichever is less.
4. Articulation allowances
In all districts, and along all frontages, ***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) or (c) 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 to 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.
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the minimum base height, maximum base height, and maximum ***building*** height shall be as set forth in the following table. Separate maximum base heights and maximum ***building*** heights are set forth for ***zoning lots*** containing standard ***residences*** and ***zoning lots*** containing ***qualifying affordable housing*** or ***qualifying senior housing***.
For portions of a ***building*** ***street wall*** that exceed the maximum base height, a setback shall be provided at a height not lower than the minimum base height or higher than the maximum base height in accordance with Section 23-433.
MINIMUM BASE HEIGHT, MAXIMUM BASE HEIGHT,
AND MAXIMUM BUILDING HEIGHTS
| | | | | | |
|---|---|---|---|---|---|
| **District** | **Minimum base height (in feet)** | **Standard ***residences***** | *****Qualifying affordable housing*** or ***qualifying senior housing***** | | |
| **Maximum base height (in feet)** | **Maximum height of ***buildings or other structures*** (in feet)** | **Maximum base height (in feet)** | **Maximum height of ***buildings or other structures*** (in feet)** | | |
| R6A R61 R6-1 | 40 | 65 | 75 | 65 | 95 |
| R62 | 30 | 45 | 55 | 65 | 85 |
| R6B | 30 | 45 | 55 | 45 | 65 |
| R6D R6-2 | 30 | 45 | 65 | 55 | 75 |
| R7A R7\-11 R7\-21 | 40 | 75 | 85 | 85 | 115 |
| R7\-12 R7\-22 | 40 | 65 | 75 | 85 | 105 |
| R7B | 40 | 65 | 75 | 65 | 95 |
| R7D | 60 | 85 | 105 | 95 | 125 |
| R7X R7-3 | 60 | 95 | 125 | 105 | 145 |
| R8A | 60 | 95 | 125 | 105 | 145 |
| R8B | 55 | 65 | 75 | 85 | 95 |
| R8X | 60 | 95 | 155 | 105 | 175 |
| R82 | 60 | 85 | 115 | 105 | 145 |
| R81 | 60 | 95 | 135 | 105 | 145 |
| R83 | 60 | 95 | 135 | 125 | 175 |
| R9A1 R91 | 60 | 105 | 145 | 135 | 185 |
| R9A2 R92 | 60 | 95 | 135 | 135 | 185 |
| R9D R9-1 | 60 | 125 | 175 | 155 | 215 |
| R9X1 | 105 | 125 | 175 | 155 | 215 |
| R9X2 | 60 | 125 | 165 | 155 | 215 |
| R10X1 R101 | 60 | 155 | 215 | 155 | 235 |
| R10A1 | 125 | 155 | 215 | 155 | 235 |
| R10A2 R10X2 R102 | 60 | 125 | 185 | 155 | 235 |
| R11A1 | 125 | 155 | 255 | 155 | 325 |
| R11A2 R11 | 60 | 155 | 255 | 155 | 325 |
| R12 | 60 | 155 | 325 | 155 | 395 |
1 For ***zoning lots*** or portions thereof within 100 feet of a ***wide street***
2 For ***zoning lots*** or portions thereof on a ***narrow street*** beyond 100 feet of a ***wide street*** or, for ***zoning lots*** with only ***wide street*** frontage, portions of such ***zoning lot*** beyond 100 feet of the ***street line***
3 Outside of ***Mandatory Inclusionary Housing areas***, for ***zoning lots***, or portions thereof, located within 100 feet of a ***wide street***, containing ***UAP developments*** or ***qualifying senior housing***
R6 R7 R8 R9 R10 R11 R12
At a height not lower than the minimum base height or higher than the maximum base height specified for the applicable district, a setback with a depth of at least 10 feet shall be provided from any ***street wall*** fronting on a ***wide street***, and a setback with a depth of at least 15 feet shall be provided from any ***street wall*** fronting on a ***narrow street***. Such minimum setbacks may be modified as follows:
1. The depth of such required setback may be reduced by one foot for every foot that the ***street wall*** is located beyond the ***street line***, but in no event shall a setback of less than seven feet in depth be provided, except as otherwise set forth in this Section. To allow ***street wall*** articulation, where a ***street wall*** is divided into different segments and located at varying depths from the ***street line***, such permitted setback reduction may be applied to each ***street wall*** portion separately.
2. The depth of such setbacks may include the depth of recesses or ***outer courts*** in the ***street wall*** of the ***building*** base, provided that the aggregate width of any such recessed portion of a ***street wall*** with a setback less than seven feet, as applicable, does not exceed 30 percent of the ***aggregate width of street wall*** at any level.
3. These setback provisions are optional for any ***building*** wall that either is located beyond 50 feet of a ***street line***, or oriented so that lines drawn perpendicular to it, in plan, would intersect a ***street line*** at an angle of 65 degrees or less. In the case of an irregular ***street line***, the line connecting the most extreme points of intersection shall be deemed to be the ***street line***.
4. Dormers provided in accordance with the provisions of Section [23-413](https://zr.planning.nyc.gov/article-ii/chapter-3#23-413) (Permitted obstructions in certain districts) may penetrate a required setback area.
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, without a letter suffix, for ***zoning lots*** that meet the criteria of paragraph (a) of this Section, the height and setback modifications set forth in paragraph (b) may be applied. The eligible site provisions of this Section may be applied to either a single ***zoning lot*** that meets the criteria of paragraph (a) or two or more ***zoning lots*** under single fee ownership or alternate ownership arrangements that are contiguous or would be contiguous but for their separation by a ***street***, where the combined ***lot area*** exceeds 40,000 square feet, and where at least one individual ***zoning lot*** meets the criteria of paragraph (a).
1. Eligible sites
The provisions of this Section shall apply to ***zoning lots*** that meet at least one of the following criteria:
1. ***zoning lots*** with a ***transportation-infrastructure-adjacent frontage***;
2. ***zoning lots*** where one of the following irregularities exists on December 5, 2024, and the date of application for a building permit:
1. an ***interior lot***, or portions thereof, has a depth that is less than 85 feet, or a ***through lot***, or portion thereof, has a depth that is less than 170 feet;
2. an ***interior lot***, or portions thereof, has a depth that is greater than or equal to 115 feet, or a ***through lot***, or portion thereof, has a depth that is greater than or equal to 230 feet;
3. ***corner lots*** or other ***zoning lots*** with multiple ***front lot lines*** where the angle between two ***front lot lines*** is more than 15 degrees from being perpendicular;
4. ***through lots*** or other ***zoning lots*** with multiple ***front lot lines*** where the angle between two ***front lot lines*** is more than 15 degrees from being parallel;
5. ***zoning lots*** where, over the depth of the lot, as measured perpendicular from the ***front lot line***, there is a slope of at least 15 percent to the horizontal; or
3. ***zoning lots*** that have a ***lot area*** of at least 20,000 square feet or occupy an entire ***block***.
In addition, for ***zoning lots*** with a ***lot area*** of 30,000 square feet or more with existing ***buildings***, the following restrictions shall apply. The area of the ***zoning lot*** used for ***developments*** or ***enlargements*** under the provisions of this Section:
1. shall not include any portion of open space with amenities used for recreational purposes, such as play equipment, court game facilities, ball fields or fixed tables and chairs, unless such space is replaced in kind and size on the same ***zoning lot***; and
2. shall be located, partially or entirely, within 100 feet of a ***street line***.
2. Modified height and setback provisions
For eligible ***zoning lots***, the maximum permitted ***building*** height may be modified by the heights in the table below. However, for ***zoning lots*** with a ***lot area*** of at least 40,000 square feet, whether singly or in combination, where either the height at roof level of an existing ***building***, or ornamental features in an existing non-residential ***building or other structure***, meet or exceed the maximum heights set forth in such table, the maximum heights may be increased by 25 percent, or the height of such roof level or ornamental feature, whichever is lower.
MAXIMUM BUILDING HEIGHT FOR ELIGIBLE SITES
| | |
|---|---|
| **District** | **Maximum height of ***buildings or other structures*** (in feet)** |
| R6-2 | 95 |
| R6 R6-1 | 125 |
| R7-1 R7-2 | 155 |
| R7-3 | 185 |
| R8 | 215 |
| R81 | 255 |
| R9 | 285 |
| R9-1 | 315 |
| R10 | 355 |
| R11 | 405 |
| R12 | 495 |
1 for ***UAP developments*** or ***qualifying senior housing*** on ***zoning lots***, or portions thereof, within 100 feet of a ***wide street***
In R9 through R12 Districts, other than R9A, R9X, R10A or R11A Districts, as an alternative to the maximum ***building*** heights set forth in Section [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432), towers are permitted pursuant to the provisions of this Section.
Above the maximum base height specified for the particular district, a tower with a maximum ***lot coverage*** of:
1. 65 percent shall be permitted up to a height of 300 feet; and
2. 50 percent shall be permitted above a height of 300 feet.
R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the following additional regulations shall apply:
1. Existing buildings may be vertically ***enlarged*** by up to one story or 15 feet without regard to the ***street wall*** location requirements of Section [23-431](https://zr.planning.nyc.gov/article-ii/chapter-3#23-431).
2. On ***through lots*** which extend less than 190 feet in maximum depth from ***street*** to ***street***, the ***street wall*** location requirements of Section [23-431](https://zr.planning.nyc.gov/article-ii/chapter-3#23-431) shall be mandatory along only one ***street*** frontage.
3. On ***corner lots***, or portions thereof, the ***street wall*** location requirements of Section [23-431](https://zr.planning.nyc.gov/article-ii/chapter-3#23-431) shall be mandatory along only one ***street*** frontage. Where one of the ***street*** frontages bounding the ***corner lot*** is a ***wide street*** and the other a ***narrow street***, the ***street wall*** location rules shall be applied along the ***wide street*** frontage;
4. The ***street wall*** location and minimum base height provisions of Sections [23-431](https://zr.planning.nyc.gov/article-ii/chapter-3#23-431) and [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432), respectively, shall not apply along any street frontage of a ***zoning lot*** occupied by buildings whose ***street wall*** heights or widths will remain unaltered.
5. The minimum base height provisions of Section [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432) shall not apply to ***buildings***, or portions thereof, that are ***developed*** or ***enlarged*** and do not exceed such minimum base heights.
6. For any zoning lot located in a Historic District designated by the Landmarks Preservation Commission, the ***street wall*** location and minimum or maximum base height regulations of Section [23-43](https://zr.planning.nyc.gov/article-ii/chapter-3#23-43), inclusive, or as modified in any applicable Special District, may be modified as follows:
1. The minimum base height of a ***street wall*** may vary between the applicable minimum set forth in Section [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432), and the height of the ***street wall*** of an adjacent ***building*** before setback, if such height is lower than the minimum base height; and
2. The maximum base height of a ***street wall*** may vary between the applicable maximum set forth in Section [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432), inclusive, and the height of the ***street wall*** of adjacent ***building*** before setback, if such height is higher than the maximum base height.
7. 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 applying the provisions of Section [23-431](https://zr.planning.nyc.gov/article-ii/chapter-3#23-431), but such widening may be included in the setback reductions permitted pursuant to paragraph (a) of Section 23-433.
The tower provisions of Section [23-435](https://zr.planning.nyc.gov/article-ii/chapter-3#23-435) shall be modified in certain areas, as follows:
1. In R9D and R10X Districts, the minimum ***lot coverage*** of a tower above the maximum base height shall be 33 percent of the ***lot area*** of the ***zoning lot***. However, any ***story*** located within the highest 15 percent of the tower may cover less than 33 percent of the ***lot area*** of a ***zoning lot*** provided that the gross area of any such ***story*** does not exceed 90 percent of the gross area of that ***story*** located directly below the highest 15 percent of the tower.
2. In R9 or R10 districts without a letter suffix, the following tower-on-a-base provisions shall apply to ***buildings*** where:
1. more than 25 percent of the ***floor area*** is ***residential***; and
2. such ***building*** is located on a ***zoning lot*** that fronts upon a ***wide street*** and is either within 125 feet from such ***wide street*** frontage along the ***short dimension of a block*** or within 100 feet from such ***wide street*** frontage along the long dimension of the ***block***.
The minimum ***lot coverage*** of a tower above the maximum base height shall be 30 percent of the ***lot area*** of the ***zoning lot***. However, any ***story*** located within the highest 15 percent of the tower may cover less than 30 percent of the ***lot area*** of a ***zoning lot*** provided that the gross area of any such ***story*** does not exceed 90 percent of the gross area of that ***story*** located directly below the highest 15 percent of the tower.
At least 55 percent of the total ***floor area*** permitted on the ***zoning lot*** shall be located in ***stories*** located either partially or entirely below a height of 150 feet. When the ***lot coverage*** of the tower portion is less than 40 percent, the required 55 percent of the total ***floor area*** distribution, within a height of 150 feet, shall be increased in accordance with the following requirement:
| | |
|---|---|
| **Percent of ***lot coverage*** of the tower portion** | **Minimum percent of total ***building*** ***floor area*** distribution below the level of 150 feet** |
| 40\.0 or greater | 55\.0 |
| 39\.0 to 39.9 | 55\.5 |
| 38\.0 to 38.9 | 56\.0 |
| 37\.0 to 37.9 | 56\.5 |
| 36\.0 to 36.9 | 57\.0 |
| 35\.0 to 35.9 | 57\.5 |
| 34\.0 to 34.9 | 58\.0 |
| 33\.0 to 33.9 | 58\.5 |
| 32\.0 to 32.9 | 59\.0 |
| 31\.0 to 31.9 | 59\.5 |
| 30\.0 to 30.9 | 60\.0 |
For the purposes of determining the permitted tower coverage and the required minimum distance between ***buildings*** or portions thereof, that portion of a ***zoning lot*** located within 125 feet from the ***wide street*** frontage along the short dimension of a ***block*** shall be treated as if it were a separate ***zoning lot***.
No tower or portion thereof shall be located on a ***narrow street*** at a distance that is more than 100 feet from the intersection with a ***wide street***.
3. No towers shall be permitted on any ***building*** located wholly or partly in a ***Residence District***, that is within 100 feet of a ***public park*** with an area of one acre or more, or a ***street line*** opposite such a ***public park***.
1. Borough of Manhattan
1. Community District 9
In R8 Districts without a letter suffix in the portion of Community District 9 in the Borough of Manhattan located north of West 125th Street, the underlying height and setback regulations for the zoning district shall apply, except that the additional height allowances for eligible sites set forth in Section [23-434](https://zr.planning.nyc.gov/article-ii/chapter-3#23-434) shall not apply.
2. Community District 6
In Community District 6 in the Borough of Manhattan, in R10 Districts located east of First Avenue and north of East 51st Street, for ***buildings*** where more than 25 percent of the ***floor area*** is ***residential*** but are not otherwise subject to the tower-on-a-base provisions of paragraph (b) of this Section, the following shall apply.
The minimum ***lot coverage*** of a tower above the maximum base height shall be 30 percent of the ***lot area*** of the ***zoning lot***. However, any ***story*** located within the highest 15 percent of the tower may cover less than 30 percent of the ***lot area*** of a ***zoning lot*** if the gross area of any such ***story*** does not exceed 90 percent of the gross area of that ***story*** directly below the highest 15 percent of the tower.
At least 45 percent of the total ***floor area*** permitted on the ***zoning lot*** shall be located in ***stories*** located either partially or entirely below a height of 150 feet. In addition, when the ***lot coverage*** of the tower is less than 40 percent, the required 45 percent of the total ***floor area*** distribution, within a height of 150 feet, shall be increased in accordance with the following requirement:
| | |
|---|---|
| **Percent of ***lot coverage*** of the tower portion** | **Minimum percent of total ***building*** ***floor area*** distribution below the level of 150 feet** |
| 40\.0 or greater | 45\.0 |
| 39\.0 to 39.9 | 45\.5 |
| 38\.0 to 38.9 | 46\.0 |
| 37\.0 to 37.9 | 46\.5 |
| 36\.0 to 36.9 | 47\.0 |
| 35\.0 to 35.9 | 47\.5 |
| 34\.0 to 34.9 | 48\.0 |
| 33\.0 to 33.9 | 48\.5 |
| 32\.0 to 32.9 | 49\.0 |
| 31\.0 to 31.9 | 49\.5 |
| 30\.0 to 30.9 | 50\.0 |
2. Borough of Brooklyn
1. Street wall modifications in Community Districts 8 and 9
For the purposes of applying the ***street wall*** location as well as the height and setback provisions of Sections [23-431](https://zr.planning.nyc.gov/article-ii/chapter-3#23-431) and [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432), 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.
2. Height and setback modifications in Community District 9
For ***zoning lots*** in ***Mandatory Inclusionary Housing areas*** within the portion of Community District 9 in the Borough of Brooklyn, on the ***block*** bounded by Montgomery Street, Washington Avenue, Sullivan Place, and Franklin Avenue, the following height and setback modifications shall apply. The maximum height of a ***building or other structure*** shall not exceed an imaginary plane that:
1. begins at an elevation of 90 feet above the level of the ***base plane***, beginning at the point along the center line of Sullivan Place, distant 120 feet, 4 inches east of the center line of Washington Avenue and parallel to Sullivan Place, and extending to Montgomery Street at an angle of 83 degrees, 17 minutes, 38 seconds; and
2. extends upwards at a slope equivalent of 10 percent to the horizontal, in an easterly direction, as measured perpendicular to the line established by paragraph (b)(2)(i) of this Section.
Obstructions permitted pursuant to Section [23-411](https://zr.planning.nyc.gov/article-ii/chapter-3#23-411) may penetrate such imaginary plane provided that they are at least 90 percent transparent. In addition, obstructions specified in Section [23-412](https://zr.planning.nyc.gov/article-ii/chapter-3#23-412)(c) located within 85 feet of Franklin Avenue may penetrate such imaginary plane up to 12 feet if there is a minimum of 30 feet between such obstructions and the obstruction is no longer than 60 feet in length along the frontage of Franklin Avenue.
1. Special provisions for ***zoning lots*** adjoining ***public parks***
In all districts, where a ***building*** adjoining a ***public park*** utilizes the provisions of Section [23-381](https://zr.planning.nyc.gov/article-ii/chapter-3#23-381), such ***public park*** shall be considered a ***wide street*** for the purpose of applying the regulations set forth in Sections [23-42](https://zr.planning.nyc.gov/article-ii/chapter-3#23-42) and [23-43](https://zr.planning.nyc.gov/article-ii/chapter-3#23-43) to any ***building or other structure*** on a ***zoning lot*** adjoining such ***public park***.
2. Special provisions for ***zoning lots*** with ***transportation-infrastructure-adjacent frontage***
For ***zoning lots*** or portions thereof within 100 feet of a ***street line*** along a ***transportation-infrastructure-adjacent frontage***, the following shall apply:
1. the applicable ***street wall*** location provisions of Section [23-431](https://zr.planning.nyc.gov/article-ii/chapter-3#23-431) and the minimum base height provisions of Section [23-432](https://zr.planning.nyc.gov/article-ii/chapter-3#23-432) need not apply; and
2. for ***buildings*** containing ***multiple dwelling residences*** that are not otherwise eligible for additional height pursuant to Section [23-434](https://zr.planning.nyc.gov/article-ii/chapter-3#23-434), the applicable maximum ***building*** heights may be increased by 10 feet in R1 through R6 Districts, and by 20 feet in R7 through R12 Districts.
3. ***Limited Height Districts***
In the ***Limited Height Districts***, the underlying height and setback regulations for the zoning district shall apply, except that:
1. the additional height allowances for eligible sites set forth in Section [23-434](https://zr.planning.nyc.gov/article-ii/chapter-3#23-434) shall not apply; and
2. for ***zoning lots*** that do not contain ***qualifying affordable housing*** or ***qualifying senior housing***, the maximum height of ***buildings or other structures*** 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-lA | 60 feet |
| LH-2 | 70 feet |
| LH-3 | 100 feet |
4. Special provisions along certain district boundaries
Where a ***lot line*** of a ***zoning lot*** located in an R6 through R12 District coincides with the district boundary of an R1 through R5 District, the height of a ***building*** within a ‘transition area’ measured parallel to the district boundary, shall not exceed the heights set forth in the table, depending on the zoning district adjacency, the adjacent ***zoning lot*** condition, and the width of the ***zoning lot***.
TRANSITION AREA DIMENSION AND MAXIMUM HEIGHT
| | | | | |
|---|---|---|---|---|
| | **Maximum permitted height within transition area** **(in feet, above ***base plane***)** | | | |
| **Adjacent zoning district and ***zoning lot*** condition** | **For ***zoning lots*** with a ***lot width*** less than or equal to 30 feet** | **For ***zoning lots*** with a ***lot width*** greater than 30 feet** | | |
| Within a distance equal to one-third of the ***lot width*** of the district boundary | Within 15 feet of the district boundary | Beyond 15 feet and within 25 feet of the district boundary | | |
| R1 R2 R3 | Non-***qualifying residential sites*** | 45\* | 45\* | 65 |
| ***Qualifying residential sites*** | 65 | 65 | 85 | |
| R4 R5 | Non-***qualifying residential sites*** | 65 | 65 | 85 |
| ***Qualifying residential sites*** | 85 | 85 | 85 | |
\* For ***zoning lots*** in R7, R8, R9 and R10 Districts, the maximum permitted height within the transition area shall be 65 feet.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11R12
The provisions of Section [23-50](https://zr.planning.nyc.gov/article-ii/chapter-3#23-50) (DENSITY REGULATIONS), inclusive, shall apply to ***developments***, ***enlargements*** or to existing ***buildings*** that increase the number of ***dwelling units***. However, the provisions of this Section shall not apply to ***rooming units***.
Any given ***floor area*** shall be counted only once in meeting the ***floor area*** requirements.
The provisions of this Section shall not apply to ***single-*** or ***two-family residences***.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, for ***buildings*** containing ***multiple dwelling residences***, the maximum number of ***dwelling units*** permitted shall be determined by dividing the maximum ***residential*** ***floor area*** permitted on the ***zoning lot*** by the applicable ***dwelling unit*** factor. The applicable ***dwelling unit*** factor shall be as follows:
1. For the following types of ***multiple dwelling residences***, there shall be no applicable ***dwelling unit*** factor:
1. ***developments*** or ***enlargements*** of ***residences*** in ***special density areas***;
2. ***qualifying senior housing***; or
3. ***conversions*** of any non-***residential*** ***building***, or portion thereof, to ***residences*** in the ***special density areas***, or outside of ***special density areas***, ***conversions*** of ***community facility*** ***buildings***, or portions of ***buildings*** containing ***community facilities***, to ***residences***.
2. For all other types of ***multiple dwelling residences***, the applicable ***dwelling unit*** factor shall be 680. Fractions equal to or greater than three-quarters resulting from this calculation shall be considered to be one ***dwelling unit***.
In addition, for ***zoning lots*** with ***residential uses*** that have different ***dwelling unit*** factor applicability, for the purposes of calculating the maximum number of ***dwelling units*** permitted within ***buildings***, or portions thereof, that are subject to a ***dwelling unit*** factor, the calculation shall exclude the ***floor area*** not subject to a ***dwelling unit*** factor before dividing by the ***dwelling unit*** factor. Where ***floor area*** in a ***building*** is shared by multiple ***residential uses***, the ***floor area*** for such shared portion shall be attributed to each ***residential use*** proportionately, based on the percentage each ***residential use*** occupies of the total ***floor area*** of the ***zoning lot***, less any shared ***floor area***.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In all districts, as indicated, the following shall provide ***street*** trees in accordance with Section [26-41](https://zr.planning.nyc.gov/article-ii/chapter-6#26-41) (Street Tree Planting):
1. ***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***;
2. ***conversions*** of 20 percent or more of the ***floor area*** of a ***building*** to a ***residential use***; or
3. construction of a ***detached*** garage that is 400 square feet or greater.
R1 R2 R3 R4 R5
In the districts indicated, the following shall provide and maintain a planting strip in accordance with Section [26-42](https://zr.planning.nyc.gov/article-ii/chapter-6#26-42):
1. ***developments***, or ***enlargements*** that increase the ***floor area*** on a ***zoning lot*** by 20 percent or more. However, planting strips shall not be required for ***enlargements*** of ***single-*** or ***two-family*** ***residences***;
2. ***conversions*** of 20 percent or more of the ***floor area*** of a ***building*** to a ***residential use***; or
3. construction of a ***detached*** garage that is 400 square feet or greater.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, the area of the ***zoning lot*** between the ***street line*** and all ***street walls*** of the ***building*** and their prolongations shall be planted at ground level, or in raised planting beds that are permanently affixed to the ground, except that such plantings shall not be required at the entrances to and exits from the ***building***, within driveways accessing off-street parking spaces located within, to the side, or rear of such ***building***, or in any area where there is a ***permitted obstruction*** permitted pursuant to Section [23-31](https://zr.planning.nyc.gov/article-ii/chapter-3#23-31), inclusive.
Planted areas shall be comprised of any combination of grass, groundcover, shrubs, trees, or other living plant material, and shall have a minimum dimension of one foot, exclusive of any bounding walls.
No ***zoning lot*** shall be altered in any way that will either create a new ***non-compliance*** or increase the degree of ***non-compliance*** with the provisions of this Section.
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10 R11 R12
In the districts indicated, balconies may project into or over any open areas not occupied by ***buildings*** at that particular level, provided that:
1. within any ***yards***, ***courts***, or other required open areas, such balcony shall:
1. not project by more than one third of the depth of such areas specified above, or a distance greater than seven feet, whichever is less, as measured from the plane surface of the ***building*** wall from which it projects. However, where such balcony projects into any open area required pursuant to the application of height and setback regulations, the one third projection shall not apply;
2. not cover more than 10 percent of any open area required pursuant to Section [23-30](https://zr.planning.nyc.gov/article-ii/chapter-3#23-30), inclusive, or any outdoor recreation space provided pursuant to Section [23-63](https://zr.planning.nyc.gov/article-ii/chapter-3#23-63); and
3. have an aggregate width, at the level of any ***story***, not exceeding 50 percent of the width at that level of the plane surface of the ***building*** wall from which it projects; and
2. within any open areas, whether required or not, such balcony shall:
1. be unenclosed except for ***building walls*** and parapets, railings, or safety guards, whether applied singly, or in combination, provided that:
1. parapets shall not exceed four feet in height;
2. railings shall not exceed 4 feet, 6 inches in height and shall be at least 50 percent open for the portion that exceeds four feet in height; and
3. safety guards shall not exceed 10 feet in height and shall be at least 90 percent transparent materials for the portion that exceeds four feet in height. In addition, where such balcony has a roofed portion above it, there shall be an opening that is not less than 40 percent of the height between the bottom of the roof and the finished floor level of such balcony.
However, such balconies may be recessed into a ***building*** wall up to a maximum depth of six feet provided that at least 33 percent of the perimeter of such balcony is unenclosed except for a parapet, railing, or safety guard; and
2. be located at least 13 feet above ***curb level***, except that for ***buildings*** containing ***residences*** not more than 35 feet in height, such balcony may be located at or higher than the floor level of the second ***story*** provided that such balcony is located not lower than seven feet above ***curb level*** or seven feet above natural grade, whichever is higher.
All ***developments***, ***enlargements***, ***extensions*** or ***conversions*** in ***buildings*** that are ***multiple dwelling residences*** that result in nine or more new ***dwelling units*** after December 5, 2024 shall provide recreation space in accordance with this Section.
Such recreation space may include, but shall not be limited to, fitness centers, pools, wellness services, sports courts, game rooms, outdoor spaces, or child play spaces.
The amount of recreation space required shall be equivalent to a minimum of three percent of the ***residential*** ***floor area*** of the ***building***. Such space may be provided indoors or outdoors, singly or in combination. Where provided indoors, floor space may be exempted from the definition of ***floor area*** pursuant to Section [12-10](https://zr.planning.nyc.gov/article-i/chapter-2#12-10) (DEFINITIONS), provided that the standards of Section [23-231](https://zr.planning.nyc.gov/article-ii/chapter-3#23-231) (Floor area provisions for amenities) are met.
Additionally, such recreation space shall comply with the following standards:
1. all recreation space shall be accessible to the residents of the ***building***;
2. the minimum dimension of any recreation space, in any direction, whether indoor or outdoor, shall be 15 feet;
3. any outdoor recreation space shall be open to the sky, except that:
1. ***building*** projections, not to exceed seven feet in depth, may cover up to 10 percent of the outdoor recreation space, provided that the lowest level of the projection is at least 10 feet above the level of the outdoor recreation space; and
2. the combination of ***building*** projections, where provided, and any sun shading devices permitted pursuant to [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311), including, but not limited to, arbors or trellises, awnings and other sun control devices, or canopies, may cover up to 50 percent; and
4. any indoor recreation room shall have at least one exterior wall with windows, or ceiling with skylights, that measures not less than 9.5 percent of the total floor space of the room.
Recreation space provided in ***Quality Housing buildings***, in ***buildings*** ***converted*** pursuant to Article I, Chapter, or in any other ***building*** as part of requirements in effect prior to December 5, 2024, or recreation space that is provided pursuant to the requirements of Section [23-63](https://zr.planning.nyc.gov/article-ii/chapter-3#23-63) (Required Recreation Space in Multiple Dwelling Residences) after December 5, 2024, may be modified, relocated or otherwise reconfigured, provided that the requirements of Section [23-63](https://zr.planning.nyc.gov/article-ii/chapter-3#23-63) are met for all newly created spaces.
The optional ***predominantly built-up area*** provisions of Section [23-71](https://zr.planning.nyc.gov/article-ii/chapter-3#23-71), inclusive, may be applied to ***zoning lots***:
1. that have a ***lot area*** of not more than 1.5 acres;
2. located on a ***block***:
1. that is entirely within R4 or R5 Districts without a letter or number suffix, including a ***Commercial District*** mapped within such ***Residence Districts***;
2. that has a maximum area of four acres;
3. where the ***buildings*** on ***zoning lots*** comprise 50 percent or more of the area of the ***block***; and
3. where, as of October 21, 1987, not more than 75 percent of the aggregate length of the ***block*** frontages facing each other around the ***zoning lot***, on both sides of the ***street***, are allocated to ***single-*** or ***two-family*** ***detached*** or ***semi-detached*** ***residences***.
All ***buildings*** used in calculations shall have certificates of occupancy or other evidence acceptable to the Commissioner of Buildings issued prior to the date of application for a building permit.
For ***zoning lots*** in R4 or R5 Districts, without a letter or number suffix, utilizing the ***predominantly built-up area*** provisions of Section [23-71](https://zr.planning.nyc.gov/article-ii/chapter-3#23-71), inclusive, the maximum ***floor area ratio*** shall be as set forth in the following table:
| | |
|---|---|
| **District** | **Maximum ***Floor Area Ratio***** |
| R4 | 1\.35 |
| R5 | 1\.65 |
For ***zoning lots*** in R4 or R5 Districts, without a letter or number suffix, utilizing the ***predominantly built-up area*** provisions of Section [23-71](https://zr.planning.nyc.gov/article-ii/chapter-3#23-71), inclusive, the following height and setback modifications shall apply:
1. in R4 Districts, the height and setback regulations applicable to an R4A District set forth in Section [23-421](https://zr.planning.nyc.gov/article-ii/chapter-3#23-421) (Basic pitched-roof envelopes for certain districts) shall apply; and
2. in R5 Districts, the height and setback regulations applicable to an R5B District set forth in Section [23-422](https://zr.planning.nyc.gov/article-ii/chapter-3#23-422) (Basic flat-roof envelopes for certain districts) shall apply.
The optional provisions of Section [23-72](https://zr.planning.nyc.gov/article-ii/chapter-3#23-72), inclusive, may be applied to ***zoning lots*** containing ***buildings*** used exclusively as ***single-***, ***two-*** or three-***family residences*** in R5 and R6 Districts without a letter suffix in the portion of Community District 12, in the Borough of Brooklyn, that is bounded by 39th Street, Dahill Road, Ditmas Avenue, McDonald Avenue, Bay Parkway, 61st Street and Fort Hamilton Parkway.
For ***zoning lots*** in R5 Districts, without a letter suffix, utilizing the provisions of Section [23-72](https://zr.planning.nyc.gov/article-ii/chapter-3#23-72), inclusive, the maximum ***floor area ratio*** shall be as set forth in the following table:
| | | |
|---|---|---|
| **District** | **Maximum ***Floor Area Ratio*** for a ***corner lot***** | **Maximum ***Floor Area Ratio*** for an ***interior*** or ***through lot***** |
| R5 | 1\.65 | 1\.80 |
For ***zoning lots*** utilizing the provisions of Section [23-72](https://zr.planning.nyc.gov/article-ii/chapter-3#23-72), inclusive, the ***yard*** regulations shall be modified as follows:
1. in R5 Districts without a letter suffix, the ***front yard*** regulations shall be modified as follows: a ***front yard*** shall be provided with a depth of not less than five feet provided that, for ***corner lots***, one ***front yard*** with a depth of not less than 10 feet is required;
2. in R5 Districts and R6 Districts without a letter suffix, the ***rear yard*** regulations shall be modified to require a ***rear yard*** with a depth of not less than 20 feet at every ***rear lot line*** on any ***zoning lot***.
For ***zoning lots*** in R5 Districts, without a letter suffix, utilizing the provisions of Section [23-72](https://zr.planning.nyc.gov/article-ii/chapter-3#23-72), inclusive, the following height and setback modifications shall apply: the height and setback regulations applicable to an R5B District set forth in Section [23-422](https://zr.planning.nyc.gov/article-ii/chapter-3#23-422) (Basic flat-roof envelopes for certain districts) shall apply.
The optional provisions for ***sky exposure plane buildings*** set forth in Section [23-73](https://zr.planning.nyc.gov/article-ii/chapter-3#23-73), inclusive, may be applied to ***zoning lots*** in R6 through R10 Districts without a letter suffix, except that such alternative provisions shall not apply to:
1. ***zoning lots*** in R6-1, R6-2, R7-3 and R9-1 Districts;
2. ***zoning lots*** in R8 Districts without a letter suffix in the portion of Community District 9 in the Borough of Manhattan located north of West 125th Street; or
3. ***zoning lots*** located in the ***Limited Height Districts***.
R6 R7 R8 R9
In the districts indicated without a letter suffix, for ***sky exposure plane buildings***, the minimum required ***open space ratio*** and the maximum ***floor area ratio*** for any ***zoning lot*** shall be determined by the ***height factor*** of such ***zoning lot*** as set forth in this Section. Where elected, such ***floor area ratio*** shall supersede the ***floor area ratio*** provisions of Section [23-22](https://zr.planning.nyc.gov/article-ii/chapter-3#23-22), and apply to all ***residences***, including ***qualifying affordable housing*** or ***qualifying senior housing***.
The minimum ***open space*** required through the application of a minimum ***open space ratio*** shall be applied in conjunction with the applicable regulations of Section [23-30](https://zr.planning.nyc.gov/article-ii/chapter-3#23-30) (YARDS, COURTS AND OTHER OPEN AREA REGULATIONS). The obstructions set forth in Section [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311) shall per permitted in required ***open space***.
MINIMUM REQUIRED OPEN SPACE RATIO AND MAXIMUM FLOOR AREA RATIO
R6 through R9 Districts
| | | | | | | | | |
|---|---|---|---|---|---|---|---|---|
| **For ***zoning lots*** with a ***height factor*** of** | **In R6 Districts** | **In R7 Districts** | **In R8 Districts** | **In R9 Districts** | | | | |
| **Min. Req. ***Open Space Ratio***** | **Max. ***Floor Area Ratio***** | **Min. Req. ***Open Space Ratio***** | **Max. ***Floor Area Ratio***** | **Min. Req. ***Open Space Ratio***** | **Max. ***Floor Area Ratio***** | **Min. Req. ***Open Space Ratio***** | **Max. ***Floor Area Ratio***** | |
| 1 | 27\.5 | 0\.78 | 15\.5 | 0\.87 | 5\.9 | 0\.94 | 1\.0 | 0\.99 |
| 2 | 28\.0 | 1\.28 | 16\.0 | 1\.52 | 6\.2 | 1\.78 | 1\.4 | 1\.95 |
| 3 | 28\.5 | 1\.62 | 16\.5 | 2\.01 | 6\.5 | 2\.51 | 1\.8 | 2\.85 |
| 4 | 29\.0 | 1\.85 | 17\.0 | 2\.38 | 6\.8 | 3\.14 | 2\.2 | 3\.68 |
| 5 | 29\.5 | 2\.02 | 17\.5 | 2\.67 | 7\.1 | 3\.69 | 2\.6 | 4\.42 |
| 6 | 30\.0 | 2\.14 | 18\.0 | 2\.88 | 7\.4 | 4\.15 | 3\.0 | 5\.08 |
| 7 | 30\.5 | 2\.23 | 18\.5 | 3\.05 | 7\.7 | 4\.55 | 3\.4 | 5\.65 |
| 8 | 31\.0 | 2\.30 | 19\.0 | 3\.17 | 8\.0 | 4\.88 | 3\.8 | 6\.13 |
| 9 | 31\.5 | 2\.35 | 19\.5 | 3\.27 | 8\.3 | 5\.15 | 4\.2 | 6\.54 |
| 10 | 32\.0 | 2\.38 | 20\.0 | 3\.33 | 8\.6 | 5\.38 | 4\.6 | 6\.85 |
| 11 | 32\.5 | 2\.40 | 20\.5 | 3\.38 | 8\.9 | 5\.56 | 5\.0 | 7\.09 |
| 12 | 33\.0 | 2\.42 | 21\.0 | 3\.41 | 9\.2 | 5\.71 | 5\.4 | 7\.30 |
| 13 | 33\.5 | 2\.43 | 21\.5 | 3\.42 | 9\.5 | 5\.81 | 5\.8 | 7\.41 |
| 14 | 34\.0 | 2\.43 | 22\.0 | 3\.44 | 9\.8 | 5\.92 | 6\.2 | 7\.52 |
| 15 | 34\.5 | 2\.43 | 22\.5 | 3\.42 | 10\.1 | 5\.95 | 6\.6 | 7\.52 |
| 16 | 35\.0 | 2\.42 | 23\.0 | 3\.41 | 10\.4 | 5\.99 | 7\.0 | 7\.52 |
| 17 | 35\.5 | 2\.42 | 23\.5 | 3\.40 | 10\.7 | 6\.02 | 7\.4 | 7\.52 |
| 18 | 36\.0 | 2\.40 | 24\.0 | 3\.38 | 11\.0 | 6\.02 | 7\.8 | 7\.46 |
| 19 | 36\.5 | 2\.39 | 24\.5 | 3\.36 | 11\.3 | 6\.02 | 8\.2 | 7\.41 |
| 20 | 37\.0 | 2\.38 | 25\.0 | 3\.33 | 11\.6 | 6\.02 | 8\.6 | 7\.35 |
| 21 | 37\.5 | 2\.36 | 25\.5 | 3\.30 | 11\.9 | 5\.99 | 9\.0 | 7\.25 |
For ***zoning lots*** with ***height factors*** greater than 21, the minimum required ***open space ratio*** shall be as set forth in the following table:
OPEN SPACE RATIO FOR HIGH BUILDINGS
| | | |
|---|---|---|
| **District** | **Minimum Required ***Open Space Ratio*** at ***Height Factor*** of 21** | **Additional Required ***Open Space Ratio*** for each Additional ***Height Factor***** |
| R6 | 37\.5 | 0\.5 |
| R7 | 25\.5 | 0\.5 |
| R8 | 11\.9 | 0\.3 |
| R9 | 9\.0 | 0\.4 |
For these ***zoning lots***, the maximum ***floor area ratio*** shall be such as can be attained at the required ***open space ratio*** for the ***height factor***.\*
\* The ***floor area ratio*** attainable at a given ***height factor*** and a given ***open space ratio*** may be computed from the following formula:
1. ***Floor area ratios*** in R10 Districts
In R10 Districts, the maximum ***floor area ratio*** on a ***zoning lot*** shall be 12.0 for ***qualifying affordable housing*** or ***qualifying senior housing*** and 10.0 for other ***residences***.
2. Additional ***floor area*** regulations in R9 and R10 Districts for ***buildings*** with towers
In R9 and R10 Districts, for ***zoning lots*** containing a ***building*** that is ***developed*** or ***enlarged*** pursuant to the applicable tower regulations of Section [23-737](https://zr.planning.nyc.gov/article-ii/chapter-3#23-737) (Tower regulations), the ***floor area*** provisions of Section [23-241](https://zr.planning.nyc.gov/article-ii/chapter-3#23-241) (Special tower provisions) shall apply.
In R6 through R10 Districts without a letter suffix, the obstructions permitted for any ***yard*** set forth in Section [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311) (Permitted obstructions in all yards, courts and open areas), as well as the following obstructions, shall be permitted in any ***open space*** required on a ***zoning lot***. For the purposes of applying such allowances to ***open space***, all percentage calculations shall be applied to the area of the ***open space*** instead of the ***yard***:
1. balconies, unenclosed, subject to the provisions of Section [23-62](https://zr.planning.nyc.gov/article-ii/chapter-3#23-62);
2. breezeways;
3. driveways, private streets, open ***accessory*** off-street parking spaces, unenclosed ***accessory*** bicycle parking spaces or open ***accessory*** off-street loading berths, provided that the total area occupied by all these items does not exceed 50 percent of the required ***open space*** on any ***zoning lot***;
4. ***energy infrastructure equipment*** and ***accessory*** mechanical equipment, subject to the requirements set forth in Section [23-312](https://zr.planning.nyc.gov/article-ii/chapter-3#23-312) (Additional permitted obstructions generally permitted in all yards);
5. greenhouses, non-commercial, ***accessory***, limited to one ***story*** or 15 feet in height above adjoining grade, whichever is less, and limited to an area not exceeding 25 percent of the ***open space***\#;
6. parking spaces, off-street, enclosed, ***accessory***, provided that the total area occupied by a ***building*** used for such purposes does not exceed 20 percent of the total required ***open space*** on the ***zoning lot***;
7. solar energy systems:
1. on the roof of an ***accessory*** ***building***, limited to 18 inches in height as measured perpendicular to the roof surface; or
2. affixed to solar canopies and located over any ***accessory*** off-street parking space, provided that the height shall not exceed 15 feet above the level of the adjoining grade;
8. steps;
9. swimming pools, ***accessory***, above-grade structures limited to a height not exceeding eight feet above the level of the ***rear yard*** or ***rear yard equivalent***; or
10. fire escapes or planting boxes, provided that no such items project more than six feet into or over such ***open space***.
However, any such ***open space*** that is part of a required ***yard***, ***rear yard equivalent*** or ***court*** may contain an obstruction listed in this Section only where such obstruction is permitted, pursuant to Sections [23-311](https://zr.planning.nyc.gov/article-ii/chapter-3#23-311), [23-312](https://zr.planning.nyc.gov/article-ii/chapter-3#23-312), [23-341](https://zr.planning.nyc.gov/article-ii/chapter-3#23-341) (Permitted obstructions in required rear yards or rear yard equivalents) or [23-351](https://zr.planning.nyc.gov/article-ii/chapter-3#23-351) (Permitted obstructions in courts), as applicable.
For ***sky exposure plane buildings***, the provisions of Section [23-30](https://zr.planning.nyc.gov/article-ii/chapter-3#23-30), inclusive, shall apply, except that:
1. for ***through lots***, the alternate location allowances set forth in paragraph (c)(2) of Section [23-343](https://zr.planning.nyc.gov/article-ii/chapter-3#23-343) (Rear yard equivalent requirements) may be applied to ***rear yard equivalents***;
2. the maximum ***lot coverages*** set forth in Section [23-36](https://zr.planning.nyc.gov/article-ii/chapter-3#23-36), inclusive, need not apply; and
3. the minimum distance between ***buildings*** provisions of paragraph (c)(2) of Section [23-371](https://zr.planning.nyc.gov/article-ii/chapter-3#23-371), pertaining to two or more ***buildings*** on the same ***zoning lot*** that are not connected at any level, shall be modified as follows.
The required minimum distance between the portion of a ***building*** containing ***dwelling units*** and any other ***building*** on the same ***zoning lot*** shall vary according to the height of such ***building*** and the particular wall condition and the presence of ***legally required windows*** in facing ***building*** walls.
For the purposes of this Section, wall condition shall be defined as follows:
“wall to wall” is a condition where two walls of ***buildings*** face each other, and neither wall contains a ***legally required window***;
“wall to window” is a condition where two walls of ***buildings*** face each other, and one wall contains a ***legally required window*** and the other wall does not contain a ***legally required window***;
“window to window” is a condition where two walls of ***buildings*** face each other, and both walls contain a ***legally required window***.
Such minimum distance shall be as indicated in the following table:
| | | | | | |
|---|---|---|---|---|---|
| **Wall Condition** | **Maximum ***building*** height above ***base plane*** or ***curb level***, as applicable** | | | | |
| 25 feet | 35 feet | 40 feet | 50 feet | Over 50 feet | |
| Wall to wall | 40 | 40 | 40 | 40 | 40 |
| Wall to window | 40 | 40 | 40 | 45 | 50 |
| Window to window | 40 | 45 | 50 | 55 | 60 |
However, for portions of ***buildings*** higher than 125 feet, the provisions of Section [23-371](https://zr.planning.nyc.gov/article-ii/chapter-3#23-371) shall continue to apply.
R6 R7 R8 R9 R10
In the districts indicated without a letter suffix, for ***sky exposure plane buildings***, the height and setback regulations shall be as set forth in this Section, inclusive.
***Buildings*** may elect to utilize the front setback provisions of paragraph (a) of this Section, or the alternate front setback provisions of paragraph (b) of this Section. Where elected, such provisions shall supersede the provisions of Section [23-43](https://zr.planning.nyc.gov/article-ii/chapter-3#23-43), inclusive.
In R9 or R10 Districts, towers may penetrate a ***sky exposure plane*** pursuant to Section [23-737](https://zr.planning.nyc.gov/article-ii/chapter-3#23-737) (Tower regulations).
Notwithstanding the foregoing, for narrow ***buildings***, the provisions of Section [23-738](https://zr.planning.nyc.gov/article-ii/chapter-3#23-738) shall apply, and within ***Limited Height Districts*** the provisions for Section [23-739](https://zr.planning.nyc.gov/article-ii/chapter-3#23-739) shall apply.
1. Front setbacks
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 the following table, the height of such front wall or other portion of a ***building or other structure*** shall not exceed the maximum height above the ***street line*** set forth in the table. 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 the table, except as otherwise provided in Sections [23-41](https://zr.planning.nyc.gov/article-ii/chapter-3#23-41) (Permitted Obstructions) or [23-737](https://zr.planning.nyc.gov/article-ii/chapter-3#23-737) (Tower regulations).
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 ***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 | | |
| R6 or R7 Districts | | | | | | | |
| 20 | 15 | 60 feet or six ***stories***, whichever is less | 60 | 2\.7 | to 1 | 5\.6 | to 1 |
| R8 R9 or R10 Districts | | | | | | | |
| 20 | 15 | 85 feet or nine ***stories***, whichever is less | 85 | 2\.7 | to 1 | 5\.6 | to 1 |
2. Alternate front setbacks
If an open area is provided along the entire length of the ***front lot line*** with the minimum depth set forth in the table in this Section, the provisions of this Section may apply in lieu of the provisions of paragraph (a) of this Section. The ***building or other structure*** shall not penetrate the ***sky exposure plane*** set forth in the table, except as otherwise provided in Sections [23-41](https://zr.planning.nyc.gov/article-ii/chapter-3#23-41) (Permitted Obstructions) or [23-737](https://zr.planning.nyc.gov/article-ii/chapter-3#23-737) (Tower regulations).
In R9 or R10 Districts, the provisions of this paragraph shall be inapplicable to any ***development*** or ***enlargement*** with more than 25 percent of the total ***floor area*** of the ***building*** in ***residential use***.
ALTERNATE REQUIRED FRONT SETBACKS
| | | | | | | |
|---|---|---|---|---|---|---|
| Depth of Optional Front Open Area (in feet, measured perpendicular to ***street line***) | 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 | |
| R6 or R7 Districts | | | | | | |
| 15 | 10 | 60 | 3\.7 | to 1 | 7\.6 | to 1 |
| R8 R9 or R10 Districts | | | | | | |
| 15 | 10 | 85 | 3\.7 | to 1 | 7\.6 | to 1 |
In R9 or R10 Districts, for ***buildings*** that do not meet the criteria set forth in paragraphs (b)(1) and (b)(2) of Section [23-441](https://zr.planning.nyc.gov/article-ii/chapter-3#23-441), a tower may penetrate a ***sky exposure plane*** provided that such tower:
1. does not occupy more than 40 percent of the ***lot area*** of a ***zoning lot*** for ***zoning lots*** with a ***lot area*** greater than 20,000 square feet, or more than 50 percent of the ***lot area*** for all other ***zoning lots***; and
2. is set back at least 10 feet from a ***street line*** along a ***wide street*** and at least 15 feet from a ***street line*** along a ***narrow street***.
However, the provisions of this Section shall not apply to any ***building*** located wholly or partly in a ***Residence District***, that is within 100 feet of a ***public park*** with an area of one acre or more, or a ***street line*** opposite such a ***public park***.
R7-2 R8 R9 R10
In the districts indicated, portions of ***buildings*** with ***street walls*** less than 45 feet in width shall not be permitted above the following heights:
1. For ***interior lots***, and for ***through lots***, which shall be treated as two separate ***interior lots*** of equal depth for the purposes of determining the height limitations of this Section, a height equal to the width of the ***street*** on which such ***street walls*** front or 100 feet, whichever is less;
2. For ***corner lots*** bounded by only ***narrow streets***, a height equal to the width of the narrowest of such ***streets*** on which such ***street walls*** front;
3. For ***corner lots*** bounded by at least one ***wide street***, a height equal to the width of the widest ***street*** on which it fronts, or 100 feet, whichever is less;
4. The heights permitted in paragraphs (a), (b) or (c) of this Section may be exceeded if:
1. on a ***wide street***, such portion of a ***building*** with a ***street wall*** less than 45 feet in width ***abuts*** an existing ***building*** with a ***street wall*** that exceeds such permitted heights. Such new ***street walls*** may reach the height of such ***abutting*** ***building*** or, where there are two ***abutting*** ***buildings*** that exceed such heights, such new ***street wall*** may reach the height of the tallest of such ***abutting*** ***buildings***; or
2. on a ***narrow street***, such ***street walls*** ***abut*** two existing ***buildings*** with ***street walls*** that both exceed the heights permitted. Such new ***street walls*** may reach the height of the lowest of such ***abutting*** ***buildings***; and
3. such new ***street walls*** shall be fully contiguous at every level with such ***abutting*** ***street walls***.
5. In addition, the following rules shall apply:
1. The front height and setback regulations and any height limitations of the underlying district shall apply, except that the alternate front setback regulations of paragraph (b) of Section [23-736](https://zr.planning.nyc.gov/article-ii/chapter-3#23-736) and the tower regulations of Section [23-737](https://zr.planning.nyc.gov/article-ii/chapter-3#23-737) shall not apply. In the event of a conflict between the underlying regulations and the regulations of this Section, the more restrictive shall apply.
2. The provisions of this Section shall not apply to ***street walls*** of permitted obstructions or ***street walls*** located beyond 100 feet of a ***street line***.
3. For the purposes of determining the width of a ***street wall***:
1. the width shall be the sum of the maximum widths of all ***street walls*** of a ***building*** at every level. The width of a ***street wall*** shall be the length of the ***street line*** from which, when viewed directly from above, lines perpendicular to the ***street line*** may be drawn to such ***street wall***; and
2. ***abutting*** ***buildings*** on a single ***zoning lot*** may be considered a single ***building***.
4. For ***buildings*** with ***street walls*** less than 45 feet in width that front only on a ***narrow street*** and ***abut*** two existing ***buildings***, the ***street wall*** of such ***building*** shall be no closer to the ***street line*** than the ***street wall*** of the ***abutting building*** that is closest to the ***street line***.
5. On a ***through lot*** containing ***buildings*** with ***street walls*** less than 45 feet in width, the alternative location provisions for ***rear yard equivalents*** set forth in Section [23-735](https://zr.planning.nyc.gov/article-ii/chapter-3#23-735) (Special yard, court and other area regulations) shall not apply.
In the ***Limited Height Districts***, for ***zoning lots*** that do not contain ***qualifying affordable housing*** or ***qualifying senior housing***, the maximum height of ***buildings or other structures*** 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 | |
| Shard | 61 (laksa) |
| Root Hash | 11179654179131445661 |
| Unparsed URL | gov,nyc!planning,zr,/article-ii/chapter-3 s443 |