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NEW YORK CITY DEPARTMENT OF BUILDINGS

ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER Zoning 101 NEW YORK CITY DEPARTMENT OF BUILDINGS 25 May 2006 presented by Fatma Amer , PE, Acting Deputy Commissioner and John Lee , RA, Project Architect, Technical Affairs ZONING 101 GENERAL ZONING DISTRICT USE BULK

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NEW YORK CITY DEPARTMENT OF BUILDINGS

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  1. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER Zoning 101 NEW YORK CITY DEPARTMENT OF BUILDINGS 25 May 2006 presented by Fatma Amer, PE, Acting Deputy Commissioner andJohn Lee, RA, Project Architect, Technical Affairs

  2. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER STRUCTURE OF THE ZONING RESOLUTION • Articles I - VII - Zoning Regulations. • Article II - Residential Districts use, bulk, off-street parking and loading; Inclusionary Housing; urban design guidelines; Quality Housing program. (§21-00 to 28-53) • Article III - Commercial Districts use, bulk, off-street parking and loading; urban design guidelines. (§31-00 to 37-06) • Article IV - Manufacturing Districts use, bulk, off-street parking and loading. (§41-00 to 44-585) • Articles VIII - XII - Special District Regulations • Zoning Maps 2

  3. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER STRUCTURE OF THE ZONING RESOLUTION • Each section of the Zoning Resolution has a four to six digit number. • The digits before the hyphen represent the article and chapter number, respectively. • The remaining digits identify sections. Therefore, Section 32-65 refers to Article III, Chapter 2 and Section 65. All terms in the Resolution that appear in italics are defined in §12-10. 3

  4. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER STRUCTURE OF THE ZONING RESOLUTION • Zoning District • Use Use Groups • Signs • Bulk: Floor Area Ratio (FAR) • Maximum Lot Coverage • Yard Regulations • Height & Setback Regulations • Courts • Parking and Loading • Other 4

  5. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER ZONINGMAPS The 126 City Planning base maps are made up of 35 sections, each identified by a number from 1 to 35. Zoning maps are further divided into four quarters, each identified by letter: a, b, c or d. Each zoning section map covers approximately 8,000 feet (N-S) by 12,500 feet (E-W). http://www.nyc.gov/html/dcp/html/zone/zmapintr.shtml 5

  6. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER ZONINGMAPS 6

  7. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER ZONINGMAPS • Each zoning district is designated by a letter indicating the general use classification -- R for Residence, C for Commercial and M for Manufacturing -- followed by a number. • Heavy solid lines indicate the boundaries of zoning districts. Certain districts (such as Special Districts or C1 or C2 districts) are mapped as overlays, modifying-but not totally supplanting-the controls of the underlying district. • Article VII, Chapter 6 (§76-00 through 76-148) establishes the location of district boundaries. 7

  8. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER

  9. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER RESIDENTIAL DISTRICTS R1-1 Single-Family Detached Residence District R1-2 Single-Family Detached Residence District R2 Single-Family Detached Residence District R2A Single-Family Detached Residence District R2X Single-Family Detached Residence District R3-1 Detached and Semi-Detached Residence District R3-2 General Residence District R3A Detached Residence District R3X Detached Residence District R4 General Residence District R4-1 Detached and Semi-Detached Residence District R4A Detached Residence District R4B General Residence District R5 General Residence District R5A General Residence District R5B General Residence District R6 General Residence District R6A General Residence District R6B General Residence District R7-1 General Residence District R7-2 General Residence District R7-3 General Residence District R7A General Residence District R7B General Residence District R7X General Residence District R8 General Residence District R8A General Residence District R8B General Residence District R8X General Residence District R9 General Residence District R9-1 General Residence District R9A General Residence District R9X General Residence District R10 General Residence District R10A General Residence District R10H General Residence District R10X General Residence District • In R districts, the first number indicates permitted bulk and parking. • In R3 through R10 Districts, with some exceptions, a second number or letter suffix is used to designate a contextual district (new development must be consistent with existing development) where some regulations differ from similarly designated districts without a suffix (e.g., R6B vs.. R6). • In R3 and R7 Districts, a second number indicates different use, bulk or parking requirements and in R1 Districts to indicate different lot size requirements. 9

  10. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER COMMERCIAL DISTRICTS C6-1 General Central Commercial District C6-1A General Central Commercial District C6-1G General Central Commercial District C6-2 General Central Commercial District C6-2A General Central Commercial District C6-2G General Central Commercial District C6-2M General Central Commercial District C6-3 General Central Commercial District C6-3A General Central Commercial District C6-3X General Central Commercial District C6-4 General Central Commercial District C6-4A General Central Commercial District C6-4M General Central Commercial District C6-4X General Central Commercial District C6-4.5 Restricted Central Commercial District C6-5 General Central Commercial District C6-5.5 Restricted Central Commercial District C6-6 General Central Commercial District C6-6.5 Restricted Central Commercial District C6-7 General Central Commercial District C6-7T Restricted Central Commercial District C6-7.5 Restricted Central Commercial District C6-8 General Central Commercial District C6-9 General Central Commercial District C7 Commercial Amusement District C8-1 General Service District C8-2 General Service District C8-3 General Service District C8-4 General Service District C1-1 Local Retail District C1-2 Local Retail District C1-3 Local Retail District C1-4 Local Retail District C1-5 Local Retail District C1-6 Local Retail District C1-6A Local Retail District C1-7 Local Retail District C1-7A Local Retail District C1-8 Local Retail District C1-8A Local Retail District C1-8X Local Retail District C1-9 Local Retail District C1-9A Local Retail District C2-1 Local Service District C2-2 Local Service District C2-3 Local Service District C2-4 Local Service District C2-5 Local Service District C2-6 Local Service District C2-6A Local Service District C2-7 Local Service District C2-7A Local Service District C2-7X Local Service District C2-8 Local Service District C2-8A Local Service District C3 Waterfront Recreation District C3A Waterfront Recreation District C4-1 General Commercial District C4-2 General Commercial District C4-2A General Commercial District C4-2F General Commercial District C4-3 General Commercial District C4-3A General Commercial District C4-4 General Commercial District C4-4A General Commercial District C4-4D General Commercial District C4-5 General Commercial District C4-5A General Commercial District C4-5X General Commercial District C4-6 General Commercial District C4-6A General Commercial District C4-7 General Commercial District C4-7A General Commercial District C5-1 Restricted Central Commercial District C5-1A Restricted Central Commercial District C5-2 Restricted Central Commercial District C5-2.5 Restricted Central Commercial District C5-2A Restricted Central Commercial District C5-3 Restricted Central Commercial District C5-3.5 Restricted Central Commercial District C5-4 Restricted Central Commercial District C5-5 Restricted Central Commercial District C5-P Restricted Central Commercial District • Most C districts have two numbers in their designation: • the first number indicates permitted uses • the second number indicates permitted bulk, required parking or both 10

  11. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER MANUFACTURING DISTRICTS M1-1 Light Manufacturing District (High Performance) M1-1D Light Manufacturing District (High Performance) M1-2 Light Manufacturing District (High Performance) M1-2D Light Manufacturing District (High Performance) M1-3 Light Manufacturing District (High Performance) M1-3D Light Manufacturing District (High Performance) M1-4 Light Manufacturing District (High Performance) M1-4D Light Manufacturing District (High Performance) M1-5 Light Manufacturing District (High Performance) M1-5A Light Manufacturing District (High Performance) M1-5B Light Manufacturing District (High Performance) M1-5D Light Manufacturing District (High Performance) M1-5M Light Manufacturing District (High Performance) M1-6 Light Manufacturing District (High Performance) M1-6M Light Manufacturing District (High Performance) M2-1 Medium Manufacturing District (Medium Performance) M2-2 Medium Manufacturing District (Medium Performance) M2-3 Medium Manufacturing District (Medium Performance) M2-4 Medium Manufacturing District (Medium Performance) M3-1 Heavy Manufacturing District (Low Performance) M3-2 Heavy Manufacturing District (Low Performance) • All M districts have two numbers in their designation: • the first number indicates permitted uses • the second number, after a hyphen, indicates permitted bulk, required parking or both 11

  12. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER APPLICABILITY OF REGULATIONS In all chapters containing use, bulk or parking regulations, there is a list of districts to which the following text in the section applies. • If the district listed has an alphabetical or numerical extension (e.g. C6-5), the text applies to that specific district • If the district listed does not have an alphabetical or numerical extension (e.g. C5), the text applies to all districts encompassed by the basic district designation. 12

  13. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER SPECIAL PURPOSE DISTRICTS • Each Special Purpose District is designated by a letter or letter-number combination • Each Special Purpose District is superimposed on underlying districts. • The regulations set forth in Articles VIII through XII apply to all developments within the Special District boundaries and supplement the regulations of the districts on which it is superimposed. • Definitions that appear in the beginnings of each Special District chapter supercede the Definitions established in §12-10 13

  14. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER USE GROUPS • The uses listed in each use group have common functional or nuisance characteristics. • Use Groups 1 - 2 residential • Use Groups 3 - 4 community facilities • Use Groups 5 - 9 local retail and services • Use Groups 10 - 12 regional shopping centers/amusement • Use Groups 13 - 15 waterfront/recreation uses • Use Group 16 heavy automotive service • Use Groups 17 - l8 manufacturing • The text identifies which use groups are permitted in each zoning district. • SIGNS • The requirements for signs are included in the use regulations pertaining to Residence, Commercial and Manufacturing Districts. • Index of Uses in Appendix A of the Zoning Resolution 14

  15. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER USE GROUPS RESIDENCE DISTRICTS • Residential uses and all community facility uses are permitted in R Districts • Commercial uses are prohibited in R Districts, except when a Commercial District has been mapped onto an R District • Manufacturing uses are prohibited in R Districts 15

  16. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER USE GROUPS COMMERCIAL DISTRICTS • Residential and community facility uses are permitted in C1 - C6 Districts. • The level of commercial activity permitted is dependent upon the type of C District • Light Industrial uses (UG 16) are permitted in C8 Districts • UG 16 consists primarily of automotive uses and semi-industrial uses that are required widely throughout the city and are limited in nuisance to nearby residential and commercial uses. 16

  17. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER USE GROUPS MANUFACTURING DISTRICTS • Residential uses are permitted in M1-D districts by authorization only and subject to the provisions of §42-47 • Community Facility uses are permitted in M1 (Light Industrial) Districts • Most Commercial uses are permitted in M Districts • The most noxious industrial uses are restricted to M3 (Heavy Industrial) Districts 1] Uses in Use Groups 11A, 16, 17 and 18 are required to comply with the performance standards set forth in Section 42-20 to minimize adverse environmental impacts on neighboring areas. 2] In M1 Districts with the suffix D, limited new residential uses on smaller sites that meet specific criteria are permitted by City Planning Commission authorization. 3] Certain retail developments that are over 10,000 square feet require a City Planning Commission special permit. 4] In M1-5A or M1-5B districts, joint living-work quarters for artists are permitted in buildings (of certain sizes) erected prior to December 15, 1961. In M1-5M and M1-6M districts, conversion of non-residential buildings erected prior to December 15, 1961 is permitted provided that a specified amount of floor area is preserved for commercial and manufacturing uses. 5] Certain retail uses are prohibited or limited to developments of 10,000 square feet or less. 17

  18. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER BULK • The maximum size (or bulk) of a building on a lot is determined by the floor area ratio (FAR) assigned to each zoning district. • DETERMINE AREA OF ZONING LOT • The floor area ratio expresses the relationship between the amount of usable floor area permitted in a building and the area of the lot on which the building stands. • CALCULATE PERMITTED FLOOR AREA • A building can contain floor area equal to the lot area multiplied by the floor area ratio (FAR) of the district in which the lot is located. • For example, a building to be constructed on a 10,000 square foot lot in a zoning district with a FAR of 10.0 could contain 100,000 square feet (10 x 10,000 s.f.) of floor area. Similarly, a building on a 6,000 square foot lot in a zoning district with a FAR of 6.0 could contain 36,000 square feet of floor area. The lowest FAR in any district is 0.5; the highest basic FAR is 15 in the highest density office districts. • Floor area used for mechanical purposes may be deducted from the usable floor area sums. • BONUSES • In certain districts, the basic floor area ratio permitted on a lot can be increased if certain public amenities are provided, such as plazas and arcades. 18

  19. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER BULK FLOOR AREA RATIO 19

  20. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER BULK FAR: RESIDENCE DISTRICTS • Bulk requirements for residential buildings in Residence Districts: • Maximum FAR • Minimum Required Open Space • Maximum Lot Coverage • Maximum Density • Minimum Lot Area and Lot Width • Court Regulations and Minimum Distances • Tower Regulations • Inclusionary Housing • Quality Housing Program 20

  21. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER BULK FAR: RESIDENCE DISTRICTS Bulk Regulations for Non-Contextual Districts FAR may be increased for community facility uses in R districts that provide amenities such as plazas or arcades (§24-13) [1] When a range of FAR is shown, the lowest is for a single-story building and the highest is the maximum achievable in the district for taller buildings. [2] The maximum FAR is increased by the attic allowance which provides up to 20% additional FAR for space beneath a pitched roof that has structural headroom of between five and eight feet. [3] The FAR shown is exclusive of the bonuses for plazas, arcades, and other amenities which can increase FAR by up to 20%. [4] When a range of open space ratios is shown, the lowest is the minimum required at the lower FAR, and the highest is the minimum required at the highest FAR shown. [5] When a range of required lot areas per room, or rooms per acre, is shown, the first number is the density permitted at the lowest open space ratio shown, and the second is the maximum density permitted in the district. [6] The lot area requirement and number of rooms per acre shown are exclusive of the bonus for plazas or arcades, which can reduce the lot area requirements up to 17% and increase the possible rooms per acre up to 20%in this district. [7] Dwelling units shown for R3 through R10 districts are presented for illustrative purposes only. Districts R3 through R5 are computed using the density measure (minimum number of square feet of lot area required for each dwelling unit); density in R6 through R10 districts is computed by dividing the maximum number of zoning rooms allowed per acre by the minimum number of zoning rooms allowed per dwelling unit (2.5). 21

  22. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER BULK FAR: RESIDENCE DISTRICTS Bulk Regulations for Contextual Districts [1] The maximum FAR is increased by the attic allowance which provides up to 20% additional FAR for space beneath a pitched roof that has structural headroom of between five and eight feet. [2] If there is no lot coverage requirement. coverage is governed by yard requirements. 22

  23. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER BULK OPEN SPACE RATIO • In certain residence districts, residential development must provide open space on the zoning lot (§27-14). • In some districts, the amount of open space required is determined by the open space ratio (OSR) which expresses the percentage of total floor area of a building that must be provided as open space on a development parcel. • For example, in a district with an open space ratio of 19.0, the amount of open space required on the lot would be 19 percent of the total floor area of the building. • In other residence districts, open space is determined by yard regulations or by limiting development to a maximum lot coverage. 23

  24. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER BULK DWELLING UNITS PERMITTED (DENSITY §23-20) • In R districts, density is expressed as the number of dwelling units per zoning lot • Density regulations require that a specified number of square feet be provided per dwelling unit or room. • Density regulations vary by district. 24

  25. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER BULK MAXIMUM LOT COVERAGE • Lot coverage is that portion of a zoning lot covered by a building or any part of a building. • Maximum allowable lot coverage is determined by a combination of yard requirements and any urban design regulations that may be applicable. • In R districts, minimum lot areas and lot widths are provided in §23-30 25

  26. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER BULK QUALITY HOUSING PROGRAM • The Quality Housing Program is a set of zoning regulations in R6 - R10 Districts and their commercial equivalents, intended to produce residential buildings that are compatible in scale and character with their surroundings. Often referred to as “contextual zoning.” • Contextual zoning is mandatory in any contextual district: those with an A, B or X letter suffix • The Quality Housing Program does not apply in certain Special Purpose Districts (§23-011) • In non-contextual R6-R10 districts, and their commercial equivalents, the Quality Housing Program is optional and may be used in the following conditions: • as an alternative to “height factor zoning” in R6 - R9 districts • as an alternative to “tower-on-base zoning” in R9 & R10 districts, and their C1 & C2 equivalents • as an alternative to residential tower zoning in R10 equivalent C4, C5 & C6 districts 26

  27. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER BULK INCLUSIONARY HOUSING PROGRAM • Under the Inclusionary Housing Program, the residential FAR of a development may be increased from 10.0 to a maximum of 12.0 for on or off-site new construction, rehabilitation or preservation of eligible lower-income housing units. • Any off-site lower-income housing units must be within the same community district as, or within a one-half mile radius of, the market rate development. • The program is as-of-right and is administered by HPD. • A development which receives an increase in FAR must comply with the lower-income housing plan and the requirements of §23-90. • All properties with lower-income housing units are governed by restrictive declarations that bind owners of the lower-income site and their successors to maintain these units as lower-income housing for the life of the increased floor area in the market-rate development. • A building permit cannot be issued until HPD certifies that an acceptable lower-income housing plan has been filed and approved. • The C of O for the compensated development may be issued only after the C of O of the lower-income housing has been issued and HPD certifies that all the requirements of the lower-income housing plan have been satisfied. 27

  28. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER BULK FAR: COMMERCIAL DISTRICTS MAXIMUM FAR FOR RESIDENTIAL BUILDINGS IN COMMERCIAL DISTRICTS Residential buildings and the residential portions of mixed use buildings are generally governed by residence district bulk provisions * The maximum residential FAR is 8.0** The maximum residential FAR is 12.0*** The basic residential FAR is 10.0 28

  29. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER BULK FAR: COMMERCIAL DISTRICTS MAXIMUM FAR FOR COMMERCIAL AND COMMUNITY FACILITY BUILDINGS IN C DISTRICTS MAPPED IN R DISTRICTS FAR may be increased for community facility and mixed uses in C districts that provide amenities such as plazas or arcades (§33-13 to §33-16) 29

  30. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER BULK FAR: COMMERCIAL DISTRICTS MAXIMUM FAR FOR COMMERCIAL AND COMMUNITY FACILITY BUILDINGS IN NON-CONTEXTUAL C DISTRICTS 1] The FAR shown are exclusive of bonuses for plazas, plaza-connected open areas, arcades or other amenities. 2] In the commercial overlay districts, the range of residential FAR shown indicates the additional FAR available as an attic allowance. 3] Where a range of FAR is shown, the lowest is for a one-story building and the highest is the maximum achievable in the district for a taller building. 4] The district is mapped only in the Theater Subdistrict of the Special Midtown District. 5] The FAR 12.0 districts are mapped generally in the midblocks of the Special Midtown District. 6] The district is mapped only in the Preservation Subdistrict of the Special Midtown District. 7] Special loft districts in Manhattan (CD 1- 6) allow conversion to dwelling units of non-residential buildings (or portions thereof) erected prior to Dec 15, 1961. For any new construction, the FAR of the corresponding commercial district without a letter suffix shall apply. 30

  31. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER BULK FAR: COMMERCIAL DISTRICTS MAXIMUM FAR FOR COMMERCIAL AND COMMUNITY FACILITY BUILDINGS IN CONTEXTUAL C DISTRICTS 1] The FAR shown are exclusive of bonuses for plazas, plaza-connected open areas, arcades or other amenities. 31

  32. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER BULK FAR MANUFACTURING USES MAXIMUM FAR IN M DISTRICTS Residential buildings and the residential portions of mixed use buildings are generally governed by residence district bulk provisions In M1-6 districts, FAR may be increased for developments that provide amenities such as plazas or arcades (§43-13 to §43-14) 32

  33. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER BULK YARDS YARD REGULATIONS IN RESIDENCE DISTRICTS • Front yard minimum requirements range from 5’ to 20’ deep, applicable to R1 - R5 Districts. (§23-45) • Side yard minimum requirements depend upon the specific district. (§23-46) • Rear yard minimum 30’ depth is required in all R Districts. (§23-52) • Corner lots are exempted from rear yard requirements • Permitted obstructions are listed in §23-44. 33

  34. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER BULK YARDS YARD REGULATIONS IN COMMERCIAL DISTRICTS • Front yards are not required in C Districts (§33-24). • Some Special Districts require sidewalk widenings which in effect locates the street wall at a specified distance from the lot line. • Side yards are not required in C Districts. (§33-25) • If a side yard is provided, certain dimensional requirements must be met. • Rear yard of minimum 20’ depth is required in all C Districts. (§33-26) • Corner lots are exempted from rear yard requirements • Shallow lots are permitted reductions in rear yard minimums (§33-27). • Through lots must provide rear yard equivalents in some C Districts (§33-28) • Permitted obstructions are listed in §33-23 34

  35. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER BULK YARDS YARD REGULATIONS IN MANUFACTURING DISTRICTS • Front yards are not required in M Districts. • Front yards may be required if the zoning lot is along a District boundary. • Side yards are not required in M Districts. (§43-25) • If a side yard is provided, such yard must be minimum 8’ wide. • Rear yard of minimum 20’ depth is required in all M Districts. (§43-26) • Corner lots are exempted from rear yard requirements • Shallow lots are permitted reductions in rear yard minimums (§43-27). • Through lots may require rear yard equivalents (§43-28) • Permitted obstructions are listed in §43-23 35

  36. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER BULK HEIGHT AND SETBACK • In most lower density districts: • Maximum perimeter wall heights are established above which the building usually must have a pitched roof or be set back before rising to the permitted building height • In general, space must be provided between certain types of residential buildings on the same zoning lot according to a formula • Minimum court sizes are established to provide adequate light and air to windows on courts • Minimum requirements are established for the amount of space which must be provided in front of legally required windows 36

  37. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER STREET WALL HEIGHT BULK HEIGHT AND SETBACK • In most medium and higher density districts: • A building's front wall at the street line is generally limited to a specified height or number of stories -- street wall height -- above which the building face must setback a specified distance. • Above the street wall height, a building is required to set back behind a theoretical inclined plane -- the sky exposure plane -- which cannot be penetrated by the building. • A rear sky exposure plane is required in some districts to provide greater light and air. • Exception: a tower rising without setback which covers only 40 percent of its lot is permitted to penetrate the sky exposure plane because its compensating slender profile provides more open space at the street level. 37

  38. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER BULK HEIGHT AND SETBACK • ADDITIONAL REGULATIONS • Height factor development • In R6-R9 districts, the minimum required open space ratio and the maximum FAR for any building on a zoning lot shall be as set forth in §23-142 • The "height factor" of a building is equal to the total floor area of the building divided by its lot coverage. • Towers on Small Lots • In certain R, C, and M districts, buildings that occupy less than 40% of the zoning lot, or zoning lots less than 20,000 sf, the tower may penetrate the sky exposure plane beyond specified distances from the street line (§23-65, 33-45, 43-45). • Tower on a Base • In R9 and R10 districts, developments that contain more than 25% of the total floor area for residential use may comply with the bulk regulations set forth in §23-652. 38

  39. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER BULK COURTS AND MINIMUM DISTANCE BETWEEN WINDOWS/WALLS Residential uses in all R districts, and Community Facility uses in M1 districts and certain C districts, are subject to the regulations governing courts and minimum distances between windows and walls or lot lines as set forth in §23-70 and §23-80. 39

  40. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER PARKING • Most new developments require off-street parking. • Curb cut sizes and locations are regulated • Off-street loading berths for commercial and manufacturing uses may be required. • Developments of small sizes may be exempt from parking requirements • Off-Street Parking Regulations in Community Districts 1, 2, 3, 4, 5, 6, 7 & 8 in Manhattan and portions of Community Districts 1 & 2 in Queens are regulated by Article I, Chapter 3 40

  41. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER PARKING RESIDENCE USES (§25-00) • In lower density R1 to R4 districts, 100%of the dwelling units must be provided with at least one parking space • In R5 to R10 districts, the required parking is generally provided in a group parking facility (where two or more parking spaces have common access to the street). The minimum number of spaces required is expressed as a percentage of the total dwelling units. • In higher density districts (R6 to R10), parking requirements decrease as permitted bulk and density increase • 70% of DU in R6 districts • 60% of DU in R7-1 • 50% of DU in R7-2 • 40% of DU in R8, R9 and R10 districts. In these districts, because of their higher densities, some or all of the parking must be provided in garages. 41

  42. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER PARKING RESIDENCE USES (§25-00) • For Quality Housing developments the parking requirement is as follows: • 50% of DU in R6, R6A, R6B, R7A, R7B, R7X, R7-1 districts • 40% of DU in R8B districts in Brooklyn. • 50% of DU in R8B districts in Queens . • Required parking may be waived for “small lots.” • The requirements are waived on lots under 10,000 sf in R7-2 to R10 districts. • The requirements are lowered for lots of 10,000 sf or less in R6 or R7 districts and for lots of 15,000 sf or less in R7-2 to R10 districts. • The parking requirements may be waived on any size lot in the higher density districts (R6 to R10) if fewer than five spaces are required in R6 and R7 districts and fewer than 15 in R8 to R10 districts. 42

  43. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER PARKING COMMERCIAL AND COMMUNITY FACILITY USES (§36-00) • Parking is required for most commercial and community facility uses in all commercial districts except those located in Lower/Mid-Manhattan and Downtown Brooklyn. • The requirements are complex and based on the different needs of different uses, the size and density of development, and the availability of transportation facilities. • In areas characterized by low density and high automobile ownership, there are high parking requirements. In congested central areas, there are low requirements or exemptions. • Parking is required only for establishments of a certain size. In low-density districts only very small establishments are exempted from the parking requirements. In high density districts only very large establishments are required to provide parking • Commercial uses have been divided into 9 categories on the basis of traffic-generating characteristics and are designated by letters. 43

  44. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER PARKING MANUFACTURING USES (§44-00) • Parking requirements vary according to size and use, but not location. • M1-4 to M1-6, M2-3, M2-4 and M3-2 are exempt from parking requirements. • For all new manufacturing establishments or enlargements, one space is required for every three employees or for every 1,000 square feet of floor area, whichever will require the larger number of spaces. • For warehouses and other storage establishments, one space is required for every three employees or every 2,000 square feet of floor area, whichever will require fewer spaces. 44

  45. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER PARKING ADDITIONAL REGULATIONS • In all districts, controls are imposed which specify the maximum number of spaces permitted. • In all districts, group parking facilities are limited to 150 spaces, except where accessory to residences when a maximum of 200 spaces is allowed. • The maximum size may be increased up to 50% by the Commissioner and, in certain cases, an even greater increase may be permitted by the BSA. • Other controls regulate: whether, and how, off-site, off-street parking may be provided; sizes of spaces; locations of exits and entrances; the use of required open space for parking; and requirements for surfacing and screening of parking spaces. • A parking facility may be located on a zoning lot other than the lot of the building served. • For residential uses, (except in R1 and R2), parking facilities may be 600 feet from the zoning lot of the residential building in low-density districts, and 1000 feet away in the higher-density districts. • For non-residential uses, off-site parking facilities may be permitted in the same zoning district, or, in certain cases, in an adjoining district. 45

  46. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER PARKING LOADING REQUIREMENTS • Loading berths are required for most commercial, manufacturing and storage uses, and certain other uses such as hospitals, prisons, and funeral parlors. • Loading berth requirements vary according to the district in which they are located, the size of the establishment, and the type of use. • For commercial, manufacturing, and storage uses, more berths are required in low-bulk districts than in high-bulk districts for the same amount of floor area. • In high-bulk districts, only large buildings are required to provide berths. • Other controls regulate: size of berths, surfacing, screening, access, and waiver of requirements where access is forbidden. 46

  47. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER SPECIAL REGULATIONS • Urban Design Guidelines are provided in the provisions of Articles II and III (Residence & Commercial) • In some R districts, the special regulations govern residential plazas and arcades, street trees, street wall articulation, curb cuts, and bulk modifications • In C districts, the special regulations govern urban plazas, street plantings, street walls, retail continuity, and pedestrian circulation spaces 47

  48. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER NON-COMFORMING & NON-COMPLYING USES (Article V) • Non-conformity (use) • A legal non-conforming use is any use legal at its inception (whether of a building or tract of land) which no longer conforms to any one or more of the present use regulations of the district • Non-compliance (bulk) • A legal non-complying building is any building that was legal when it was built which no longer complies with one or more of the present district bulk regulations. • The Resolution is Not Retroactive • Regulations generally do not affect existing land uses or buildings which were legal when built under former codes or different classifications. Such uses are known as legal non-conforming uses. • Buildings that conform with use regulations but do not comply with subsequently enacted bulk regulations (non-complying buildings) are subject to controls limiting their enlargement or conversion. In addition, they may not be reconstructed if substantially damaged. Otherwise, such bulk non-compliance may continue. 48

  49. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER ZONING LOTS DIVIDED BY DISTRICT BOUNDARIES • On zoning lots divided by a boundary between districts (or subject to other regulations resulting in different yard regulations on portions of the zoning lot), the provisions of Article VII, Chapter 7 shall apply 49

  50. ZONING 101 GENERAL ZONING DISTRICT USE BULK PARKING OTHER DISCRETIONARY ACTIONS • Special Permits • Some developments are allowed only by special permit granted either by the City Planning Commission (CPC) with City Council review or by the BSA. • There are two types of special permits: • modifications of the use regulations • modifications of the bulk or parking regulations. • In general, projects that have greater land use impacts or involve significant planning issues are under the jurisdiction of the CPC; localized issues are reviewed by the BSA. • Authorizations • The City Planning Commission, by resolution at a public meeting, may modify certain zoning requirements provided that specific findings set forth in the Zoning Resolution have been satisfied. Unlike the procedure for special permits, a public hearing is not required. • Certifications • For some as-of-right development, the City Planning Commission or the CPC Chairperson is required to administratively certify to the DOB that certain specified conditions set forth in the Zoning Resolution have been satisfied before a building permit may be issued. • Variances • In cases of hardship, the BSA may grant variances from the use and bulk provisions of the Resolution to the extent necessary to permit a reasonable use of the parcel. 50

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