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ZONING BULK REGULATIONS

ZONING FLOOR AREA
Based on the project scope, I first determine the maximum allowable floor area for the property. This is typically calculated by multiplying the established Floor Area Ratio (FAR) by the lot area. Floor Area Ratios vary with each zoning district and/or Use Group.

 

When reading through the Zoning Resolution for residential bulk regulations, I consider both the underlying district and the letter suffix, where applicable. For example; a R6A contextual district follows applicable R6 regulations as the underlying district. However, additional regulations for Quality Housing apply which are specific to the letter suffix “A”.
 

Similar to contextual districts, a property that is mapped in a residential district with a commercial overlay (typically along avenues w/ retail establishments), should consider both commercial and residential bulk regulations, where applicable. There are various height and floor area limitations that may also apply depending on the proposed uses within the building.

Example Zoning Summary
The maximum FAR for a mixed-use building in this contextual district is the allowable FAR for a residential quality housing building of 3.00. The area of the zoning lot is approximately 2,500 sq. ft. (25 x 100), so the maximum floor area permitted is approximately 7,500 sq. ft

YARDS AND LOT COVERAGE
Lot coverage, as I understand it, is the view of a property from above calculated as a percentage of the overall open vs. covered areas. Residential districts usually require 30 ft rear yards, open areas and/or maximum allowable lot coverage to regulate light, air and planting intended to promote suitable living conditions.

 

Example Zoning Summary
Maximum lot coverage is 65% and 30-foot-deep rear yard is required. No front yards are required, and no side yards are required. However, if any open area extending along a side lot line is provided at any level, it shall be measure at least eight feet wide for the entire length of the side lot line.

HEIGHTS AND SETBACK
There are various zoning regulations to analyze for a zoning summary. 2 basic regulations to understanding the overall bulk of a new development is; 

(1.) the overall building height and

(2.) any required street wall heights before triggering a building setback which could potentially restrict the design and use locations within the building or portions thereof.

Example Zoning Summary
At any elevation between 40 feet and 60 feet, a setback of 15 feet is required. A maximum allowable building height is 70 feet. Only the permitted obstructions listed in
23-62 and dormers in accordance with ZR 23-621(c)(1), may exceed the maximum base and/or maximum building height.

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DENSITY & QUALITY HOUSING
Similar to yards and required open areas on a lot, certain districts are required to maintain quality living conditions for residences. Zoning regulates the density and number of dwelling units permitted within a building based on the total allowable floor area dividing by the density factor established in the Zoning Resolution Text. The density factor is NOT the minimum size required for dwelling units which is a common misunderstanding.


Example Zoning Summary
The maximum number of dwelling units shall be determined by a factor of 680 for R6 districts. For a maximum floor area of 7,500 sq. ft. a maximum of 11 dwelling units are permitted.

 

This building is in R6A district and as such must comply with the applicable district bulk regulations set forth in Article II, Chapter 3 and since the building shall contain residences, shall also comply with the requirements of Article II, Chapter 8 (Quality Housing Program).

In 2014 the Zoning Resolution enacted the Quality Housing Program requiring developments in certain residential districts to comply with additional housing regulations. When consulting on quality housing provisions, I typically advise the following as a general understanding of requirements during the pre-design phase for a residential development project.
 

  • All residential dwelling units must have a minimum floor area of 325 sq. ft. and all windows located in the residential portion of a building must be double glazed. 

  • Buildings containing 9 or more dwelling units must provide, refuse storage and garbage disposal.

  • Recreational space for tenants is required for 3.3% of the total residential floor area provided for the zoning lot, and may be located indoors or outdoors

  • Buildings with less than 11 dwelling units may exclude 50% of the corridors from the total zoning floor area.

 

  • For all new residences created, 50% of dwelling units require off-street parking and bicycle parking spaces.

STREET TREES
(refer to the attached ST1- Street Tree Checklist for additional info)
When proposing a new development or enlargement, the planting or funding of trees may be
required. I usually factor in 1 tree for each 25 linear feet of street frontage as required by the Zoning Resolution.

 

Existing street trees may be used to comply with Street Tree provisions and may be supplemented as needed. If possible, I suggest planting new trees on the property/sidewalk. However, there is also an option to contribute into NYC’s Tree Fund regulated and approved by NYC’s Parks Department in an effort to plant required trees off-site.

Written by: Marco Burriesci

Last updated: September, 2019

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Example Document

Zoning Study & Bulk Analysis

Egress Template

 

NYC Public Resources


ZOLA NYC’s Zoning & Land Use Map

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Building Information System (BIS)

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1938 Building Laws of NYC

V1-1968 Building Code of NYC

2008 NYC Construction Codes

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NYC Zoning Resolution

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2010 ADA Standards/2009 ANSI 117.1

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TA Transit Authority/MTA

Loft Board NYC

2014 Chapter 1 Administrative Provisions

NYC DOB Code Notes:
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Combing Apartments

Letter of No Objection (LNO)

NYC - Municipal Archives

HPD – Property Records (Residential)

Temporary Certificates of Occupancy

Place of Assembly

Retail Alterations


Change within same Zoning UG.


Rooftop Terraces

Eating & Drinking (State Liquor license)

BULLETIN – 2009-025

 

New Buildings Mixed Use

Filing Rep. Course 206 Material

Ref. Standards – V2 1968 Building Code

Chapter 4 – NYC 2014 Plumbing Code

2014 BC Chapter 10 – Means of Egress

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