§ 12-10 — DEFINITIONS

§ 12-10 DEFINITIONS

ZR § 12-10

Words in the text or tables of this Resolution which are italicized shall be interpreted in accordance with the provisions set forth in this Section.

FROM 66-11: For the purposes of this Chapter, an “above-grade mass transit station” shall refer to a mass transit station with a platform that is located entirely above five feet from curb level.

“Abut” is to be in contact with or join at the edge or border. “Abutting” buildings are buildings that are in contact with one another on the same or another zoning lot, except as subject to separations required for seismic load as set forth in the New York City Building Code. A building may also abut a lot line. In addition, for buildings existing prior to February 2, 2011, such existing building shall be considered abutting if it is within six inches of a lot line or another building.

FROM 13-02: For the purposes of this Chapter, an “access zone” shall refer to the portion of an accessory off-street parking facility, public parking garage or an automobile rental establishment, occupied by:

vehicular ramps between parking levels, or between a parking level and a vehicular entrance or exit, provided that such ramps are not used as parking spaces or associated maneuvering space;

vehicular elevators;

required reservoir spaces;

portions of required accessible pedestrian egress routes, including any associated ramps or elevators; or

bicycle parking spaces.

An “accessory use”:

is a use conducted on the same zoning lot as the principal use to which it is related (whether located within the same or an accessory building or other structure, or as an accessory use of land), except that, where specifically provided in the applicable district regulations or elsewhere in this Resolution, accessory docks, off-street parking or off-street loading need not be located on the same zoning lot; and

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

is either in the same ownership as such principal use, or is operated and maintained substantially for the benefit or convenience of the owners, occupants, employees, customers, or visitors of such principal use.

When “accessory” is used in the text, it shall have the same meaning as accessory use.

An accessory use includes, but is not limited to:

(1)Living or sleeping accommodations for servants in connection with a use listed in Use Group II; (2) Living or sleeping accommodations for caretakers in connection with any use listed in other Use Groups, provided that: (i) no building contains more than one living or sleeping accommodation for caretakers; (ii) no such living or sleeping accommodation shall exceed 1,200 square feet of floor area; (iii) the owner shall sign a Restrictive Declaration that any such caretaker will provide maintenance and/or repair services, and containing a list of services to be performed by such caretaker. Such Restrictive Declaration shall be recorded in the Office of the City Register, or, where applicable, the County Clerk’s Office, of the county where the building is located. A copy of such declaration shall be provided to the Department of Buildings; (iv) in C6-2M, C6-4M, M1-5M, M1-6M and M1-5B Districts, no living or sleeping accommodation for caretakers is permitted in any building which contains a residential use or a joint living-work quarters for artists; and (v) such living or sleeping accommodation shall not be considered a residential use or cause a building to be considered a mixed building.

(3)Living or sleeping accommodations in connection with commercial or manufacturing uses, including living or sleeping accommodations in connection with a studio listed in Use Group VIII, provided that: (i) no building contains more than two kitchens; and (ii) no such living or sleeping accommodations are located in a C7, C8 or Manufacturing District.

(4)Keeping of domestic animals, but not for sale or hire. A commercial stable or kennel is not an accessory use.

(5)Swimming pools not located within a building listed in Use Group II, provided that: (i) the use of such pools shall be restricted to occupants of the principal use and guests for whom no admission or membership fees are charged; (ii) if accessory to a use listed in Use Group II, the edge of the pool shall be located not less than five feet from any lot line, except that such minimum distance between the edge of the pool and any side lot line may be not less than three feet in the case of lots less than 25 feet in width, providing that it is screened from adjoining lots by a six foot high continuous solid opaque fence along the side lot line adjacent to such pool. In the event that such pool is located between 50 and five feet from any rear lot line or side lot line, it shall be screened by a continuous fence supplemented with a strip of densely planted trees or shrubs at least four feet high at the time of planting along such rear lot line to such pool; and (iii) illumination of such pools shall be limited to underwater lighting. Swimming pool clubs are not accessory uses.

(6)Domestic or agricultural storage in a barn, shed, tool room, or similar building or other structure.

(7)Home occupations.

(8)A newsstand primarily for the convenience of the occupants of a building, which is located wholly within such building and has no exterior signs or displays.

(9)Incinerators.

(10)In connection with commercial or manufacturing uses, the storage of goods normally carried in stock, used in, or produced by such uses, unless the storage is expressly prohibited under the applicable district regulation. The floor area used for such accessory storage shall be included in the maximum floor area permitted for specified uses set forth in the Use Groups.

(11)Incidental repairs, unless expressly prohibited under the applicable district regulations. The floor area used for such accessory repairs shall be included in the maximum floor area permitted for specified uses set forth in the Use Groups.

(12)The removal for sale of sod, loam, clay, sand, gravel or stone in connection with the construction of a building or other structure on the same zoning lot, or in connection with the regrading of a zoning lot, but in the latter case, not below the legal street grade.

(13)Accessory off-street parking spaces.

(14)Accessory off-street loading berths.

(15)Accessory signs.

(16)Accessory radio or television towers.

(17)Accessory activities when conducted underground as part of the operation of railroad passenger terminals, such as switching, storage, maintenance or servicing of trains.

(18)Accessory sewage disposal plants, except such plants serving more than 50 dwelling units.

(19)An ambulance outpost operated by or under contract with a government agency or a public benefit corporation and located either on the same zoning lot as, or on a zoning lot adjacent to, a zoning lot occupied by a fire or police station.

(20)Composting, without prohibition on the sale of compost to customers, or on the acceptance of organic material produced on another zoning lot.

(21)Accessory mechanical equipment, including equipment serving the following building systems: (i) mechanical, electrical, or plumbing systems; (ii) fire protection systems; (iii) power systems, including, energy generation systems such as solar or wind energy systems and generators; and (iv) energy storage systems, where the amount of energy being stored shall not exceed 24 hours of the electrical load generated at peak demand by the principal use on the zoning lot. Where a zoning lot contains multiple uses, such calculation may be applied to the total demand of all the uses such power system is accessory to.Accessory mechanical equipment shall be subject to the provisions of Sections 26-50 (SPECIAL SCREENING AND ENCLOSURE PROVISIONS), or 37-20, as applicable.

FROM 117-503:

accessory use

In addition to those accessory uses listed in Section 12-10, for the purposes of this Section, an accessory use shall also include a dwelling unit in connection with any commercial, manufacturing or community facility establishment permitted in the Queens Plaza Subdistrict of the Special Long Island City Mixed Use District, pursuant to Section 117-51 (Queens Plaza Subdistrict Special Use Regulations), provided that no more than one such unit shall be permitted in connection with any establishment, and provided further that each such unit shall not exceed a gross area of 1,200 square feet or contain more than one kitchen.

FROM 123-11:

In addition to those "accessory uses" listed in Section 12-10 (DEFINITIONS), for the purposes of this Chapter, an accessory use shall also include a dwelling unit in connection with any commercial, manufacturing or community facility establishment permitted in Special Mixed Use Districts, pursuant to Section 123-20 (SPECIAL USE REGULATIONS), provided that no more than one such unit shall be permitted in connection with any establishment, and provided further that each such unit shall not exceed a gross area of 1,200 square feet or contain more than one kitchen.

For the purposes of Section 81-60, inclusive, an "adjacent lot" is:

a zoning lot that is contiguous to the lot occupied by the designated landmark building or other structure or one that is across a street and opposite the lot occupied by such designated landmark building or other structure, or, in the case of a corner lot, one that fronts on the same street intersection as the lot occupied by such landmark building or other structure; and

in C5-3 or C6-6 Districts, a zoning lot that is contiguous to, or across a street and opposite another lot or series of lots that, except for the intervention of streets or street intersections, extend to the lot occupied by such designated landmark building or other structure. All such lots shall be in the same ownership (fee ownership or ownership as defined under zoning lot in Section 12-10 (DEFINITIONS).

(a)An adult book store is a book store that offers "printed or visual material" for sale or rent to customers where a "substantial portion" of its stock-in-trade of "printed or visual material" consists of "adult printed or visual material," defined as "printed or visual material" characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas";

(b)An adult eating or drinking establishment is an eating or drinking establishment which regularly features in any portion of such establishment any one or more of the following:

(2)films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

which is not customarily open to the general public during such features because it excludes or restricts minors.

(c)An adult theater is a commercial establishment which regularly features one or more of the following:

An adult theater shall include commercial establishments where such materials or performances are viewed from one or more individual enclosures.

(d)An other adult commercial establishment is a facility -- other than an adult book store, adult eating or drinking establishment, adult theater, commercial studio, or business or trade school -- which features employees who as part of their employment, regularly expose to patrons "specified anatomical areas" and which is not customarily open to the general public during such features because it excludes or restricts minors.

(aa)An interior configuration and layout which requires customers to pass through an area of the store with "adult printed or visual material" in order to access an area of the store with "other printed or visual material;"

(bb)One or more individual enclosures where adult movies or live performances are available for viewing by customers;

(cc)A method of operation which requires customer transactions with respect to "other printed or visual material" to be made in an area of the store which includes "adult printed or visual material;"

(dd)A method of operation under which "other printed or visual material" is offered for sale only and "adult printed or visual material" is offered for sale or rental;

(ee)A greater number of different titles of "adult printed or visual material" than the number of different titles of "other printed or visual material";

(ff)A method of operation which excludes or restricts minors from the store as a whole or from any section of the store with "other printed or visual material;"

(gg)A sign that advertises the availability of "adult printed or visual material" which is disproportionate in size relative to a sign that advertises the availability of "other printed or visual material," when compared with the proportions of “adult” and other “printed or visual materials” offered for sale or rent in the store, or the proportions of floor area or cellar space accessible to customers containing stock of “adult” and “other printed or visual materials”;

(hh)A window display in which the number of products or area of display of "adult printed or visual material" is disproportionate in size relative to the number of products or area of display of "other printed or visual material," when compared with the proportions of adult and “other printed or visual materials” offered for sale or rent in the store, or the proportions of floor area or cellar space accessible to customers containing stock of “adult” and “other printed or visual materials”;

(ii)Other features relating to configuration and layout or method of operation, as set forth in rules adopted by the Commissioner of Buildings, which the Commissioner has determined render the sale or rental of "adult printed or visual material" a substantial purpose of the business conducted in such store. Such rules shall provide for the scheduled implementation of the terms thereof to commercial establishments in existence as of October 31, 2001, as necessary.

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

(i)any portion of a commercial establishment within which food or beverages are offered for purchase, or are available to or are consumed by customers or patrons; and

see sign, advertising

FROM 23-911:

An “affordable independent residence for seniors” is a building or portion thereof, containing residences, in which at least 90 percent of the dwelling units allocated to affordable independent residences for seniors are each occupied by at least one person who is 62 years of age or over; where, except for a super’s unit, all of the dwelling units allocated to affordable independent residences for seniors are restricted pursuant to an affordable housing regulatory agreement for households with incomes at or below 60 percent of the income index and used for class A occupancy as defined in the New York State Multiple Dwelling Law. For the purposes of this definition, “super’s unit”, “affordable housing regulatory agreement” and “income index” shall be as defined in Section 27-111 (General definitions).

An affordable independent residence for seniors may consist of one or more buildings on the same or contiguous zoning lots, or on lots which would be contiguous but for their separation by a street, and shall contain related accessory social and welfare facilities primarily for residents, such as cafeterias or dining halls, community rooms, workshops and other essential service facilities, which may also be made available to the community. Floor space in an amount not less than four percent of the total floor area of such affordable independent residence for seniors shall be allocated to such accessory facilities. Such floor space may occupy floor area or cellar space, and may include indoor recreation space provided in accordance with Section 23-63 (Required Recreation Space in Multi-family Buildings). In no event shall the floor space occupied by lobbies, passageways, storage space or other spaces normally provided in residential buildings be attributed to the floor area of the accessory social and welfare facilities.

An affordable independent residence for seniors shall also include a building used, enlarged or developed prior to March 22, 2016, as a “non-profit residence for the elderly”.

Any temporary or final certificate of occupancy issued after March 22, 2016, for a building or portion thereof to be used as an affordable independent residence for seniors shall state that such building or portion thereof shall be used as an affordable independent residence for seniors, notwithstanding the fact that a legally binding restriction on household income for income-restricted housing units may have expired and shall state that such certificate of occupancy may be amended or superseded to reflect that the building or portion thereof may be used other than as an affordable independent residence for seniors only in accordance with the provisions of this Zoning Resolution.

The "aggregate width of street walls" at any given level is the sum of the maximum widths of all street walls of a building that are within 50 feet of a street line. The width of a street wall is the length of the street line from which, when viewed directly from above, lines perpendicular to the street line may be drawn to such street wall.

AGGREGATE WIDTH OF STREET WALLS

The "airport reference point" (or "points") is a point (or points) within the boundaries of each major airport, as indicated on the flight obstruction area maps for each such major airport.  The point or points applicable to each major airport are set forth in Section 61-41 (Airport Reference Point, Established Elevation and Specified Radii).

FROM 61-30: "Airport referenced imaginary surfaces" include the horizontal surface, the conical surface, the approach surfaces and the transitional surfaces.

"Incidental alterations" are:

An “amusement or recreation facility” is any establishment providing recreational or amusement activities found in North American Industry Classification System (NAICS) industry codes 71312 (Amusement Arcades), 71394 (Fitness and Recreational Sports Centers) or 71399 (All Other Amusement and Recreation Industries). However, an amusement or recreation facility shall not include establishments listed in the definitions of health and fitness establishments or select entertainment facilities. In no event shall an amusement or recreation facility include establishments listed in NAICS industry code 71311 (Amusement and Theme Parks).

An “ancillary dwelling unit” is an additional dwelling unit, permitted on the same zoning lot as a single- or two-family residence that does not exceed eight hundred square feet of floor area. Only one ancillary dwelling unit shall be permitted per every single- or two-family residence on a zoning lot.

Ancillary dwelling units shall be subject to the following limitations:

in the high-risk flood zone, as defined in Section 64-11, no ancillary dwelling unit shall be permitted below the flood-resistant construction elevation;

in the areas included in maps promulgated by the Department of Environmental Protection (DEP) designating the “10-year rainfall flood risk area” based on 2050 sea level rise projections by the New York City Panel on Climate Change (NPCC), and the “coastal flood risk area” where there is a 1 percent chance of flooding in any year based on 2080 sea level rise projections by the NPCC, including as such maps and baseline reference dates are updated by subsequent rulemaking by DEP: no ancillary dwelling units shall be permitted in a basement or cellar; and no backyard ancillary dwelling units shall be permitted;

no ancillary dwelling units shall be permitted in a basement or cellar; and

no backyard ancillary dwelling units shall be permitted;

in R1-2A, R2A and R3A Districts, or portions thereof, located beyond the Greater Transit Zone, no backyard ancillary dwelling units shall be permitted;

in Historic Districts designated by the Landmarks Preservation Commission, no backyard ancillary dwelling units shall be permitted;

backyard ancillary dwelling units shall be accessible directly from a side yard or open area along a side lot line with a minimum width of five feet; and

at the time of initial occupancy for an ancillary dwelling unit, the zoning lot on which the ancillary dwelling unit is located must be the primary residence of an owner of such zoning lot.

In areas where backyard ancillary dwelling units are prohibited, nothing herein shall permit the legalization of an ancillary dwelling unit in a building or other structure that prior to December 5, 2024, was non-complying as to its location within a required yard or open space.

see hotel, apartment

The "approach surfaces" are imaginary inclined planes, trapezoidal in shape and located symmetrically with respect to the extended center line of any runway. Such approach surfaces, extending from both ends of any runway, consist of contiguous inner and outer sections whose dimensions are as follows:

DESCRIPTION OF APPROACH SURFACE

An "arcade" is a continuous covered space fronting on and open to a street or publicly accessible open area, provided in accordance with the provisions set forth in Section 37-80.

FROM 105-01:

area of no disturbance

An "area of no disturbance" is an area designated on the site plan that is protected from all types of intrusion, including: site alteration, operation of construction equipment, storage of construction materials, excavation or regrading, tunneling for utilities, removal of trees, topsoil or any living vegetation, or construction of driveways, private roads, parking areas, patios, decks, swimming pools, walkways or other impervious surfaces. Areas of no disturbance shall include steep slopes, steep slope buffers and the critical root zone of each tree proposed for preservation.

FROM 119-01:

FROM 107-01:

An “area of no disturbance” is an area designated on a site plan or area plan to be protected from site alteration, except for new native planting. An area of no disturbance shall contain natural features including trees of six-inch caliper or more, designated open space, and aquatic features.

Plan review sites may include safeguards such as an area of no disturbance to define areas where site alterations shall not be proposed.

From Section 107-01:

An “area of no land alteration” is an area adjacent to a wetland or other body of water regulated by the New York State Department of Environmental Conservation (NYSDEC) where a permit indicates development restrictions may occur such as those pursuant to permits or deed restrictions issued by NYSDEC.

area plan

An “area plan” is a proposed layout for a zoning lot subdivision with traffic circulation, including curb cuts on arterials; access easements; areas of no disturbance; areas of no land alteration; areas of designated open space; building envelopes; required building setbacks within proposed zoning lots in Residence Districts; and any other information prescribed by the City Planning Commission.

arterial

An "arterial" is a street listed in Section 107-24 (Special Regulations for Arterials or Railroad rights of Way) whose function is primarily the accommodation of through vehicular traffic and to which special provisions of this Chapter apply.

An "artist" is a person so certified by the New York City Department of Cultural Affairs.

FROM 66-11: For the purposes of this Chapter, an “at- or below-grade mass transit station” shall refer to a mass transit station that is not an above-grade mass transit stations.

A building shall be considered “attached” when it abuts two lot lines other than a street line, or another building or buildings other than a semi-detached building.

An “automated parking facility” shall refer to an accessory off-street parking facility or public parking garage where vehicular storage and retrieval within such facility is accomplished entirely through a mechanical conveyance system. A parking facility with parking lift systems that require an attendant to maneuver a vehicle that is to be parked shall not be considered an automated parking facility.

An "automotive service station" is a building or other structure or an open use on a zoning lot, or portion thereof, used exclusively for the storage and sale of fuels for motor vehicles, and for any uses accessory thereto.

The sale of lubricants, accessories, or supplies, the lubrication of motor vehicles, the minor adjustment or repair of motor vehicles with hand tools only, or the occasional washing of motor vehicles, or electric vehicle charging, are permitted accessory uses.

A public parking lot or public parking garage is not a permitted accessory use.

average percent of slope

The "average percent of slope" of a zoning lot is the average slope of all portions of a zoning lot excluding steep slopes and shall be determined according to the following equation:

S

=

IL

x

100

A

Where: S - average percent of slope

I - contour interval in feet

L - combined length of contour lines in feet, excluding those portions bordering or lying within areas having a slope of 25 percent or greater and meeting the definition of steep slope

A - gross area in square feet of the zoning lot, excluding those portions of the zoning lot having a slope of 25 percent or greater and meeting the definition of steep slope. For a proposed site alteration on a tract of land not within a zoning lot, the portion of such tract of land owned by the applicant shall be considered to be part of the zoning lot

100 - factor which yields slope as a percentage

CALCULATING AREAS HAVING A SLOPE EQUAL TO OR GREATER THAN 25 PERCENT (illustrative example)

Example:

X

Contour interval in feet

2

8.0 feet

0.25

Where: X - distance between contour lines which indicates a slope of 25 percent

In order to calculate the area having a slope equal to or greater than 25 percent, one can use a map with two-foot contour intervals and a scale of one inch equals 20 feet, as shown in the map in this Section. A 25 percent slope, on a map with two-foot contour intervals, is indicated by contour lines that are 8.0 feet apart, rounded to the nearest tenth (0.1) of a foot. On a map whose scale is one inch to 20 feet, 8.0 feet is represented by 0.4 of an inch, rounded to the nearest tenth (0.1) of an inch.

Identify where the contour lines are 0.4 of an inch or less apart. Connect these contour lines (as indicated by the heavy lines on the map) and calculate the area.

A “backyard ancillary dwelling unit” is an ancillary dwelling unit that is located in a building developed after December 5, 2024, where the only dwelling unit in such building is an ancillary dwelling unit.

A backyard ancillary dwelling unit may be free-standing or abut another building on the zoning lot. Where such backyard ancillary dwelling unit abuts a detached, semi-detached or zero lot line building, and the combination of such buildings meet the respective definitions, such buildings shall be considered a single detached, semi-detached, or zero lot line building, as applicable, for the purposes of applying the use and bulk regulations of Article II, Chapters 2 and 3, respectively.

From Section 144-01:

Barge Basin shall mean that inlet from the East River identified on Map 2 in the Appendix to this Chapter as the Barge Basin.

The "base plane" is a plane from which the height of a building or other structure is measured as specified in certain Sections. For buildings, portions of buildings with street walls at least 15 feet in width, or building segments within 100 feet of a street line, the level of the base plane is any level between curb level and street wall line level. Beyond 100 feet of a street line, the level of the base plane is the average elevation of the final grade adjoining the building or building segment, determined in the manner prescribed by the New York City Building Code for adjoining grade elevation. For the purposes of this definition, abutting buildings on a single zoning lot may be considered a single building. In addition, the following regulations shall apply:

A "basement", except where a base plane is used to determine building height, is a story (or portion of a story) partly below curb level, with at least one-half of its height (measured from floor to ceiling) above curb level. On through lots, the curb level nearest to a story (or portion of a story) shall be used to determine whether such story (or portion of a story) is a basement.

Where a base plane is used to determine building height, a basement is a story (or portion of a story) partly below the base plane, with at least one-half its height (measured from floor to ceiling) above the base plane.

In addition, the following rules shall apply:

A “blank wall” shall be a street wall, or portions thereof, 50 feet or more in width, which contains no transparent element between curb level and 12 feet above curb level.

A "block" is a tract of land bounded by:

(f)corporate boundary lines of New York City.

buildable area

A "buildable area" is a portion of a zoning lot excluding steep slopes.

A "building" is any structure which:

(g)contains all the fire protection systems required for such building by the New York City Building Code without reliance on other buildings, including fire suppression or fire alarm systems.

The provisions of this Resolution that use the term building shall apply to any structure existing prior to February 2, 2011, that complies with paragraphs (a) through (e) of this definition.

A building shall not include such structures as billboards, fences, or radio towers, or structures with interior surfaces not normally accessible for human use, such as gas tanks, smoke stacks or similar structures.

A building may, for example, consist of a detached single-family residence, an attached townhouse on an individual zoning lot, an attached townhouse separated by fire walls from abutting townhouses on a shared zoning lot, a group of townhouses not separated by fire walls or lot lines, an apartment house, an office building or a factory.

see designed for residential use

A "building or other structure" includes any building or any other structure of any kind.

A "building segment" is a portion of a building where such building consists of two or more contiguous portions, each comprised of one or more dwelling units having a separate residential entrance or entrances serving only those dwelling units within such portion. Building segments may share a common cellar or parking facility. However, a building segment may not be located above another building segment.

"Bulk" is the term used to describe the size of buildings or other structures, and their relationships to each other and to open areas and lot lines, and therefore includes:

caliper (of a tree)

"Caliper" of a tree is the diameter of a tree trunk measured 4 feet, 6 inches from the ground. If a tree splits into multiple trunks below 4 feet, 6 inches from the ground, the trunk is measured at its most narrow point beneath the split.

“Caliper” of a tree is the diameter of a tree trunk measured 4 feet, 6 inches from the ground. If a tree splits into multiple trunks below this height, the trunk is measured at its narrowest point beneath the split. For trees with a diameter of less than three inches measured 4 feet, 6 inches from the ground, the caliper shall be measured 12 inches from the ground.

A “car sharing vehicle” is a vehicle maintained and owned or leased by a car sharing organization which is available for use by its members. Membership shall mean that individuals have been pre-approved to use such vehicles and need not be approved by the car sharing organization at the time of proposed use. Membership must be open to the public and shall only be denied based upon driving record, credit record or other legitimate business need of the car sharing organization. Vehicles must be made available to members for periods of use as short as one hour. The car sharing organization must provide all legally required insurance as part of the membership.

Vehicles shall be reserved by members through a self-service reservation system which is available at all times. A car sharing vehicle shall be located in a parking facility that is accessible to members of the car sharing organization at all times. No employees or agents of the car sharing organization shall provide services to members or conduct business transactions with members within such parking facility. Attended parking facilities may be serviced by a parking attendant unaffiliated with any car sharing organization. A parking facility containing car sharing vehicles shall be securely separated from all other portions of a building containing residences.

A car sharing vehicle shall be no more than 216 inches in length and shall bear a decal that provides the name of the car sharing organization. The decal must be clearly visible from the outside of the car sharing vehicle and must be either:

The decal shall be at least one square inch in area and contain the letters “CSV” in lettering at least 11/32 of an inch in height and the name of the car sharing organization in lettering at least 5/32 of an inch in height. All lettering shall be fully opaque and shall highly contrast with the background color of the decal.

All car sharing vehicles shall bear a decal pursuant to the provisions of paragraph (a) or (b) of this Section within 60 days of September 29, 2010.

A "cellar," except where a base plane is used to determine building height, is a space wholly or partly below curb level, with more than one-half its height (measured from floor to ceiling) below curb level. On through lots, the curb level nearest to such space shall be used to determine whether such space is a cellar.

Where a base plane is used to determine building height, a cellar is a space wholly or partly below the base plane, with more than one-half its height (measured from floor to ceiling) below the base plane.

A line equidistant from and parallel or nearly parallel to the street lines on both sides of the street. However, for the purposes of daylight evaluation:

on a street 75 feet in width, the center line of the street shall be considered to be a line 40 feet from, and parallel to, the front lot line of the zoning lot; and

on a street more than 100 feet in width, the center line of the street shall be considered to be a line 50 feet from, and parallel to, the front lot line of the zoning lot.

For the purposes of this Chapter, “Central Business Districts” shall refer to Special Midtown District, Special Hudson Yards District, Special Lower Manhattan District, Special Downtown Brooklyn District, Special Long Island City Mixed Use District or Special Midtown South Mixed Use District.

FROM 66-11: For the purposes of this Chapter, a “clear path” shall refer to an unobstructed area between the street line and street wall that:

All clear paths shall be accessible to the public at all times.

A “commercial” use is any use listed in the following use groups, depending on the district type:

A “commercial building” is a building used only for a commercial use.

C1 or C2 Districts mapped within Residence Districts are Commercial Districts and subject to the regulations of Article III.

A “Commercial District” includes any district whose designation begins with the letter “C.”

For example, a “C4 District” includes any district whose designation begins with the symbol “C4.”

FROM 128-01:

commercial street

A “commercial street” shall be a street, or portion thereof, where special regulations pertaining to ground floor uses on commercial streets, pursuant to Section 128-11, apply to zoning lots fronting upon such streets. Commercial streets are designated on Map 2 in the Appendix to this Chapter.

A "community facility” use is any use listed in the following Use Groups, depending on the district type:

A "community facility building" is a building used only for a community facility use.

A portion of a zoning lot which, at the building height selected for determining compliance with the provisions of Section 81-26 (Height and Setback Regulations--Daylight Compensation), lies in the free zone (Zone A on the encroachment grid), is not covered by any portion of a building and qualifies as compensating for encroachments beyond the free zone under the provisions of Section 81-264 (Encroachments and compensating recesses). (See illustration of Compensating Recess and Encroachment).

[COMPENSATING RECESS AND ENCROACHMENT image]

A "completely enclosed" building is a building separated on all sides from the adjacent open area, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows or entrances or exit doors normally provided for the accommodation of persons, goods or vehicles.

FROM 127-04:

conceptual plan

A “conceptual plan” is a plan that sets forth the proposed final design, in compliance with the requirements of Section 127-421 (Requirements for publicly accessible private streets), for the remaining portions of the publicly accessible private street or upland connection certified pursuant to paragraph (b)(1)(i) of Section 127-422 (Certification for publicly accessible private streets), or paragraph (a)(1)(i) of Section 127-542 (Supplemental provisions), respectively. The plan shall include the proposed location, dimensions and grading for such remaining portions on adjoining zoning lots and shall be considered by the Chairperson of the City Planning Commission in reviewing the proposed final site plan for such remaining portions, if and when they become the subject of a certification pursuant to paragraph (b)(2) of Section 127-422 or paragraph (a)(2) of Section 127-542.

The "conical surface" is an imaginary inclined surface extending upward and outward from the periphery of the horizontal surface, which:

FROM 124-02:

Connector street

A “connector street” shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31 (Standards for Streets and Blocks), inclusive.

A “conversion” is a change of use between the following categories of uses: residential, community facility, commercial and manufacturing. Therefore, the change of use within one category is not a conversion. However, a conversion shall also include any alteration within the residential portion of an existing building that increases the number of rooming units in a building, or the number of dwelling units in a building.

To "convert" is to create a conversion.

see lot, corner

A “corner public plaza” is a public plaza that is located on an intersection of two or more streets.

A “cottage envelope building” is a single- or two-family detached residence located within R1 through R5 Districts, developed, enlarged, or altered, pursuant to any of the optional provisions of Section 64-33 (Special Regulations for Cottage Envelope Buildings), provided that:

All cottage envelope buildings shall also be flood-resistant buildings.

A “court” is a type of open area on a zoning lot that:

A court may be provided as either an inner court or an outer court. All height measurements within a court shall be from the lowest level of such court.

An "inner court recess" is any portion of an inner court which can not be included within the single largest horizontal rectangle which may be inscribed within such inner court.

INNER COURT RECESS

An "outer court recess" is any portion of an outer court which, when viewed directly from above, cannot be covered by imaginary lines drawn perpendicular to a line drawn across the outer court opening.

OUTER COURT RECESS

The "depth of outer court" is the maximum horizontal distance between the opening of an outer court and the wall opposite such opening, measured perpendicular to the direction of the outer court opening. The opening of an outer court shall be considered the shortest imaginary line which can be drawn between any intersection of a court wall with another wall, and the opposite court wall.

An “inner court” is any court which is bounded:

exclusively by building walls;

by building walls and one or more side lot lines or rear lot lines; or

by building walls, except for one opening on any open area along a side lot line or rear lot line where the dimension of such open area, at any point, is less than 20 feet at or below a height of 75 feet, or less than 30 feet above a height of 75 feet.

An “outer court” is any court, other than an inner court.

The "width of outer court" is the minimum horizontal dimension of an outer court, excluding an outer court recess, measured parallel to the opening of such outer court.

FROM 116-01:

Pier Place, the Cove

"Pier Place" and the "Cove" are designated open spaces accessible to the public, located within the Special Stapleton Waterfront District as shown in the District Plan, Map 1, in Appendix A of this Chapter

A "covered pedestrian space" is an enclosed space for public use on a zoning lot, permitted by a special permit of the City Planning Commission pursuant to Section 74-85, et seq.

critical root zone

The "critical root zone" of a tree is the area containing the roots of a tree that must be maintained and protected to ensure the tree's survival. The area of the critical root zone is measured as one radial foot for every caliper inch of the tree, with a required minimum of four radial feet and maximum of 22 radial feet, measured from the surface of the tree trunk at grade.

"Curb level" is the mean level of the curb adjoining a zoning lot. On corner lots, curb level is the average of the mean levels of the adjoining curbs on intersecting streets, except that, for the purpose of regulating and determining the level of yards, or other open areas on corner lots, the curb level is the highest of the mean levels of the curbs on the intersecting streets. Where through lot regulations are applicable to any portion of a corner lot, or for any through lot, the height and setback regulations based upon curb level shall apply separately on each street on which such through lot portion or through lot fronts. On a through lot, for purposes of establishing the level of a rear yard equivalent, except when adjoining and extending along the full length of the street line, the curb level shall be the mean of the levels of the curbs on those portions of the streets on which such through lot fronts. Where on a through lot such rear yard equivalent is adjoining and extending along the full length of the street line, the height of the rear yard equivalent shall be the curb level of the adjoining street. Where through lot regulations and interior lot regulations are applicable to portions of a zoning lot, for purposes of establishing the level of the rear yard equivalent or rear yard, curb level shall be the mean of the levels of the curbs on that portion of each street on which such portions of the zoning lot front.

For the purposes of determining a base plane, "curb level" is the mean level at that portion of the curb adjoining a zoning lot from which, when viewed directly from above, lines perpendicular to the curb may be drawn to a street wall. On corner lots, curb level is the average of the mean levels of such portions of the curbs on intersecting streets. On through lots, curb level is determined separately for each street frontage to a distance midway between such streets.

A graphic tool which permits objective measurements of portions of sky blocked by a building when it is viewed from a vantage point. There are three daylight evaluation charts for use with street widths of 60 feet, 75 to 80 feet and 100 feet and over, respectively. All buildings are drawn on the appropriate daylight evaluation chart to evaluate their compliance with the regulations of Section 81-27 (Alternate Height and Setback Regulations—Daylight Evaluation). These three daylight evaluation charts are in Appendix B of this Chapter. A fourth chart in Appendix B is available for use with qualifying sites in the East Midtown Subdistrict, as defined in Section 81-613, with frontage along Park Avenue.

see court, depth of outer

FROM Section 132-12:

designated commercial street

For the purposes of this Chapter, a “designated commercial street” shall be the portion of those streets specified in Section 132-11.

FROM SECTION 37-311:

For the purposes of Section 37-30, inclusive, a “designated frontage” shall be the portion of the ground floor level street frontage along a street, public access area, or other frontage specifically designated by a Special Purpose District or other provision of this Resolution. Where a designated frontage is not a street, references to street walls shall apply to the building wall facing the designated frontage.

Designated frontages include primary frontages or secondary frontages.

designated open space

"Designated open space" is a portion of the open space network located on a zoning lot as shown on the District Plan (Map 3 in Appendix A), and is to be preserved in its natural state in accordance with the provisions of the Special South Richmond Development District.

A “designated recovery area” shall be an area which experienced physical or non-physical impacts from a severe disaster, in accordance with recovery plans, as applicable.

A building "designed for residential use" is a building, which was originally designed for residential use and in which at least 25 percent of the floor area is occupied for residential use.

A “detached” building is a building surrounded by yards or other open area on the same zoning lot.

detached

For the purposes of this Chapter a "detached" building is a building surrounded by yards or other open area on the same zoning lot or is a building abutting a street line which is surrounded by yards or open area on the same zoning lot except where the building abuts the street line.

For purposes of this Chapter, a "development" includes both development and enlargement, as defined in Section 12-10 (DEFINITIONS).

A "development,” on a zoning lot or a portion thereof, includes:

The alteration of a building or a portion thereof to the extent specified in Section 11-23 (Demolition and Replacement) shall be considered a development for the purposes of the provisions set forth therein.

To "develop" is to create a development.

FROM 62-11:

For the purposes of this Chapter, a “development” shall also include:

However, a development shall not include incidental modifications to a zoning lot, including but not limited to, the addition of deployable flood control measures and any associated permanent fixtures, the addition of temporary structures such as trash receptacles, food carts or kiosks, and the incorporation of minor permanent structures such as light stanchions, bollards, fences, or structural landscaped berms and any associated flood gates. All such modifications shall remain subject to any associated permitted obstruction allowances, as applicable.

For purposes of this Chapter, "development" includes a development, an enlargement or an extension.

Development

For the purposes of this Chapter, a "development" includes a development as defined in Section 12-10 (DEFINITIONS), the enlargement of a non-residential building, or the enlargement of a residential use that involves the addition of one or more dwelling units.

FROM 112-01:

FROM 122-01:

Display window

A "display window" is a window or opening in the exterior wall of any portion of a building which is glazed with tinted or transparent material and which is used to display merchandise, services or business.

A "dwelling unit" contains at least one room in a residential building, residential portion of a building, or non-profit hospital staff dwelling, and is arranged, designed, used or intended for use by one or more persons living together and maintaining a common household, and which dwelling unit includes lawful cooking space and lawful sanitary facilities reserved for the occupants thereof.

Where a particular regulation of this Resolution applies to dwelling units in a building that is for residences other than single- or two-family residences, such provisions shall also apply to rooming units, unless specifically stated.

FROM 66-11: For the purposes of this Chapter, an “easement volume” shall refer to an area of the zoning lot used to accommodate either:

eastern perimeter street

The “eastern perimeter street” shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31, inclusive.

FROM 66-11: For the purposes of this Chapter, “eligible zoning districts” shall refer to the following zoning districts:

A projection beyond the setback line, the free zone or the half-setback line by any portion of a building that exceeds the maximum height permitted at the street line. (See illustration of Compensating Recess and Encroachment)

A plan drawing of the zoning lot at any given height above curb level selected to determine compliance with the provisions of Section 81-26 and showing, for that height, street lines, setback lines, half-setback lines, Zone A (the free zone), Zone B and Zone C (encroachment zones) and, where applicable, the ten-foot setback line. The encroachment grid serves as a device for measuring areas of encroachment beyond the free zone and areas of compensating recess within the free zone. (See illustration of Encroachment Grid)

[ENCROACHMENT GRID image]

“Energy infrastructure equipment” shall include renewable energy generation systems, such as solar or wind energy systems, and energy storage systems, such as fuel cells and batteries, which are essential throughout all districts in order to support the acceleration towards a distributed energy grid with electricity from fully renewable sources.

Energy infrastructure equipment shall refer to equipment that is a principal use on a zoning lot. Where such equipment is accessory to another use, it shall be considered accessory mechanical equipment.

Provisions pertaining to energy infrastructure equipment shall apply to all types of renewable energy generation systems, as well as to all types of energy storage systems, unless specific rules are otherwise specified, such as for solar and wind energy systems.

An "enlargement" is an addition to the floor area of an existing building, an increase in the size of any other structure, or an expansion of an existing use, including any uses accessory thereto, to an open portion of a zoning lot not previously used for such use.

To "enlarge" is to make an enlargement.

Esplanade

The "Esplanade" is a park extending along portions of the waterfront edges of the Special Stapleton Waterfront District. The Esplanade is shown in the District Plan, Map 1 (Special Stapleton Waterfront District, Subareas and Public Spaces), in Appendix A of this Chapter.

FROM 84-01:

The "Esplanade" is a public park extending along all waterfront edges of the Special Battery Park City District. The Esplanade is shown in the District Plan in Appendix 1.

The "established airport elevation" is the elevation above mean sea level of the highest point of the usable airport landing area for any major airport. The elevation applicable to each major airport is set forth in Section 61-41 (Airport Reference Point, Established Elevation and Specified Radii).

An "extension" is an increase in the amount of existing floor area used for an existing use, within an existing building.

To "extend" is to make an extension.

A “family” is either a person occupying a dwelling and maintaining a household, with not more than four boarders, roomers or lodgers, or two or more persons occupying a dwelling, living together and maintaining a common household, with not more than four boarders, roomers or lodgers. A “boarder,” “roomer” or “lodger” residing with a family shall mean a person living within the household who pays a consideration for such residence and does not occupy such space within the household as an incident of employment therein.

A lot line intersecting the street line of the vantage street such that, when viewed from the vantage point, the zoning lot does not contain any lot area that is on the far side of and immediately adjoining the lot line at its intersection with the street line. (See illustration of Far Lot Line and Vantage Point)

[FAR LOT LINE graphic]

final site plan

A “final site plan” is a plan that specifies the final design for the location, dimensions, and grading of all or portions of the publicly accessible private streets or upland connection that are the subject of a certification pursuant to paragraphs (a) or (b) of Section 127-422 or paragraphs (a)(1) or (a)(2) of Section 127-542. Where applicable, the design of such plan shall be consistent with any conceptual plan for the same portion of the publicly accessible private street or upland connection and, once certified and implemented in accordance with paragraph (b) of Section 127-422 or paragraph (a) of Section 127-542, such plan shall supersede any interim plan for the same portion of a publicly accessible private street or upland connection.

The “first story above the flood elevation” shall be the finished floor level of the first story located at or above the level at which a building complies with flood-resistant construction standards and, for buildings utilizing the reference plane, shall be no lower than the particular level established as the reference plane.

see sign, flashing

The "flight obstruction area" comprises all areas of land or water below the airport referenced imaginary surfaces for each airport.

A “floating structure” is any vessel, barge or other water-supported structure, other than a floating dock accessory to a WD use, which is bounded by either open water, a dock or the lot lines of a zoning lot, and that is permanently moored or otherwise attached to a pier, wharf, dock, platform, bulkhead or flotation system for a period of more than 180 consecutive days. Support by means of a cradle or as a result of natural siltation shall not exempt a normally water-supported structure from this definition.

Any water-supported structure, other than a navigational vessel, docked for not more than 180 consecutive days for a purpose other than navigation or accessory to a WD use, shall be deemed to be a "temporary floating structure." Such temporary floating structures shall only be permitted subject to the approval of the Commissioner of Buildings or Business Services, as applicable.

“Flood map” shall be the most recent map or map data used as the basis for flood-resistant construction standards.

The “flood zone” shall include the high-risk flood zone and the moderate-risk flood zone, as defined in Section 64-11 (Definitions) and as indicated on the flood maps

A “flood-resistant building” is a building or other structure, which complies with all applicable flood-resistant construction standards

The “flood-resistant construction elevation” shall be the level of flood elevation required by Appendix G of the New York City Building Code for the “Flood design classification” of a building or other structure as set forth therein, or a height of two feet above the lowest grade adjacent to the building or other structure, whichever is higher.

“Flood-resistant construction standards” are the construction standards set forth in Appendix G of the New York City Building Code for “Post-FIRM Construction” that aid in protecting buildings or other structures in flood zones from flood damage, and governs both building or other structures that are required to comply with such standards and those that voluntarily comply. For buildings or other structures utilizing the provisions of this Chapter, flood-resistant construction standards shall be applied up to the flood-resistant construction elevation or higher.

“Floor area” is the sum of the gross areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the center lines of walls separating two buildings. In particular, floor area includes:

basement space, except as specifically excluded in this definition;

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

floor space in penthouses;

attic space (whether or not a floor has been laid) providing structural headroom of eight feet or more;

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

floor space in open or roofed bridges, breeze ways or porches, if more than 50 percent of the perimeter of such bridge, breeze way or porch is enclosed, and provided that a parapet not higher than 3 feet, 8 inches, or a railing not less than 50 percent open and not higher than 4 feet, 6 inches, shall not constitute an enclosure;

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

floor space in accessory buildings, except for floor space used for accessory mechanical equipment;

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

floor space that is not otherwise exempt pursuant to this Section and is, or is made, inaccessible within a building;

floor space in exterior balconies or in open or roofed terraces if more than 67 percent of the perimeter of such balcony or terrace is enclosed and provided that parapets, railings or safety guards, whether applied singly, or in combination, shall not constitute an enclosure when meeting the following criteria: parapets shall not exceed four feet in height; railings shall not exceed 4 feet, 6 inches, 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. In addition, where such balcony or terrace 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. For the purposes of such calculation, exterior building walls on adjoining zoning lots abutting an open or roofed terrace shall not constitute an enclosure. A sun control device that is accessible for purposes other than for maintenance shall be considered a balcony; and

parapets shall not exceed four feet in height;

railings shall not exceed 4 feet, 6 inches, 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. In addition, where such balcony or terrace 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. For the purposes of such calculation, exterior building walls on adjoining zoning lots abutting an open or roofed terrace shall not constitute an enclosure. A sun control device that is accessible for purposes other than for maintenance shall be considered a balcony; and

any other floor space not specifically excluded. However, the floor area of a building shall not include: cellar space, except where such space is used for dwelling purposes. Cellar space used for retailing shall be included for the purpose of calculating requirements for accessory off-street parking spaces, accessory bicycle parking spaces and accessory off-street loading berths; elevator or stair bulkheads, accessory water tanks, or cooling towers, except that such exclusions shall not apply in R2A Districts; uncovered steps; attic space (whether or not a floor has been laid) providing structural headroom of less than eight feet; floor space in open or roofed bridges, breeze ways or porches, provided that not more than 50 percent of the perimeter of such bridge, breeze way or porch is enclosed, and provided that a parapet not higher than 3 feet, 8 inches, or a railing not less than 50 percent open and not higher than 4 feet, 6 inches, shall not constitute an enclosure; floor space used for accessory off-street parking spaces provided in any story: up to 300 square feet per single- or two-family residence, on zoning lots where individual parking spaces accessory to residential uses are provided; within group parking facilities located not more than 23 feet above curb level, except where such floor space used for accessory parking is contained within a public parking garage; or within automated parking facilities located not more than 40 feet above curb level, except where such floor space used for accessory parking is contained within a public parking garage; floor space used for accessory off-street loading berths, up to 200 percent of the amount required by the applicable district regulation; floor space used for accessory mechanical equipment. Such exclusion shall also include the minimum necessary floor space to provide for necessary maintenance and access to such equipment. For the purposes of calculating floor space used for mechanical equipment, building segments on a single zoning lot may be considered to be separate buildings; floor space in exterior balconies or in open or roofed terraces provided that not more than 67 percent of the perimeter of such balcony or terrace is enclosed and provided that parapets, railings or safety guards, whether applied singly or in combination, shall not constitute an enclosure when meeting the following criteria: parapets shall not exceed four feet in height; railings shall not exceed 4 feet, 6 inches, 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. In addition, where such balcony or terrace 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, For the purposes of such calculation, exterior building walls on adjoining zoning lots abutting an open or roofed terrace shall not constitute an enclosure. A sun control device that is accessible for purposes other than for maintenance shall be considered a balcony; floor space within stairwells: at each floor of buildings containing residences developed or enlarged after April 16, 2008, that are greater than 125 feet in height, provided that: such stairwells are located on a story containing residences; such stairwells are used as a required means of egress from such residences; such stairwells have a minimum width of 44 inches; such floor space excluded from floor area shall be limited to a maximum of eight inches of stair and landing width measured along the length of the stairwell enclosure at each floor; and where such stairwells serve non-residential uses on any floor, or are located within multi-level dwelling units, the entire floor space within such stairwells on such floors shall count as floor area; at each floor of buildings developed or enlarged after April 28, 2015, that are 420 feet or greater in height, provided that: such stairwells serve a space with an occupancy group other than Group R-2, as classified in the New York City Building Code, that is located at or above a height of 420 feet; and such floor space excluded from floor area shall be limited to: the 25 percent of stair and landing width required by the New York City Building Code which is provided in addition to the stair and landing widths required by such Code for means of egress; or the one stairwell required by the New York City Building Code which is provided in addition to the stairwells required by such Code for means of egress. For the purposes of this paragraph, such additional stairwell shall include the stair and landings as well as any walls enclosing the stair and landings; floor space used for the storage of equipment by the Fire Department pursuant to the New York City Fire Code, Section 511.7 (Storage space for pre-positioned department equipment) in buildings that are 420 feet or greater in height; qualifying exterior wall thickness; floor space in a qualifying rooftop greenhouse; floor space on a sun control device, where such space is inaccessible other than for maintenance; floor space within a fully electrified building or an ultra low energy building, of an amount equivalent to five percent of the floor area located within such building, and exclusive of any floor space otherwise excluded from floor area; floor space in buildings containing multiple dwelling residences allocated to building amenities, corridors, refuse storage or disposal, or access to elevated ground floor dwelling units that is provided in accordance with the provisions of Section 23-23, inclusive; floor space in Quality Housing buildings that was exempted pursuant the Quality Housing Program, as such program existed prior to December 5, 2024.

However, the floor area of a building shall not include:

cellar space, except where such space is used for dwelling purposes. Cellar space used for retailing shall be included for the purpose of calculating requirements for accessory off-street parking spaces, accessory bicycle parking spaces and accessory off-street loading berths;

elevator or stair bulkheads, accessory water tanks, or cooling towers, except that such exclusions shall not apply in R2A Districts;

uncovered steps;

attic space (whether or not a floor has been laid) providing structural headroom of less than eight feet;

floor space in open or roofed bridges, breeze ways or porches, provided that not more than 50 percent of the perimeter of such bridge, breeze way or porch is enclosed, and provided that a parapet not higher than 3 feet, 8 inches, or a railing not less than 50 percent open and not higher than 4 feet, 6 inches, shall not constitute an enclosure;

floor space used for accessory off-street parking spaces provided in any story: up to 300 square feet per single- or two-family residence, on zoning lots where individual parking spaces accessory to residential uses are provided; within group parking facilities located not more than 23 feet above curb level, except where such floor space used for accessory parking is contained within a public parking garage; or within automated parking facilities located not more than 40 feet above curb level, except where such floor space used for accessory parking is contained within a public parking garage;

up to 300 square feet per single- or two-family residence, on zoning lots where individual parking spaces accessory to residential uses are provided;

within group parking facilities located not more than 23 feet above curb level, except where such floor space used for accessory parking is contained within a public parking garage; or

within automated parking facilities located not more than 40 feet above curb level, except where such floor space used for accessory parking is contained within a public parking garage;

floor space used for accessory off-street loading berths, up to 200 percent of the amount required by the applicable district regulation;

floor space used for accessory mechanical equipment. Such exclusion shall also include the minimum necessary floor space to provide for necessary maintenance and access to such equipment. For the purposes of calculating floor space used for mechanical equipment, building segments on a single zoning lot may be considered to be separate buildings;

floor space in exterior balconies or in open or roofed terraces provided that not more than 67 percent of the perimeter of such balcony or terrace is enclosed and provided that parapets, railings or safety guards, whether applied singly or in combination, shall not constitute an enclosure when meeting the following criteria: parapets shall not exceed four feet in height; railings shall not exceed 4 feet, 6 inches, 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. In addition, where such balcony or terrace 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, For the purposes of such calculation, exterior building walls on adjoining zoning lots abutting an open or roofed terrace shall not constitute an enclosure. A sun control device that is accessible for purposes other than for maintenance shall be considered a balcony;

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. In addition, where such balcony or terrace 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, For the purposes of such calculation, exterior building walls on adjoining zoning lots abutting an open or roofed terrace shall not constitute an enclosure. A sun control device that is accessible for purposes other than for maintenance shall be considered a balcony;

For the purposes of such calculation, exterior building walls on adjoining zoning lots abutting an open or roofed terrace shall not constitute an enclosure. A sun control device that is accessible for purposes other than for maintenance shall be considered a balcony;

floor space within stairwells: at each floor of buildings containing residences developed or enlarged after April 16, 2008, that are greater than 125 feet in height, provided that: such stairwells are located on a story containing residences; such stairwells are used as a required means of egress from such residences; such stairwells have a minimum width of 44 inches; such floor space excluded from floor area shall be limited to a maximum of eight inches of stair and landing width measured along the length of the stairwell enclosure at each floor; and where such stairwells serve non-residential uses on any floor, or are located within multi-level dwelling units, the entire floor space within such stairwells on such floors shall count as floor area; at each floor of buildings developed or enlarged after April 28, 2015, that are 420 feet or greater in height, provided that: such stairwells serve a space with an occupancy group other than Group R-2, as classified in the New York City Building Code, that is located at or above a height of 420 feet; and such floor space excluded from floor area shall be limited to: the 25 percent of stair and landing width required by the New York City Building Code which is provided in addition to the stair and landing widths required by such Code for means of egress; or the one stairwell required by the New York City Building Code which is provided in addition to the stairwells required by such Code for means of egress. For the purposes of this paragraph, such additional stairwell shall include the stair and landings as well as any walls enclosing the stair and landings;

at each floor of buildings containing residences developed or enlarged after April 16, 2008, that are greater than 125 feet in height, provided that: such stairwells are located on a story containing residences; such stairwells are used as a required means of egress from such residences; such stairwells have a minimum width of 44 inches; such floor space excluded from floor area shall be limited to a maximum of eight inches of stair and landing width measured along the length of the stairwell enclosure at each floor; and where such stairwells serve non-residential uses on any floor, or are located within multi-level dwelling units, the entire floor space within such stairwells on such floors shall count as floor area;

such stairwells are located on a story containing residences;

such stairwells are used as a required means of egress from such residences;

such stairwells have a minimum width of 44 inches;

such floor space excluded from floor area shall be limited to a maximum of eight inches of stair and landing width measured along the length of the stairwell enclosure at each floor; and

where such stairwells serve non-residential uses on any floor, or are located within multi-level dwelling units, the entire floor space within such stairwells on such floors shall count as floor area;

at each floor of buildings developed or enlarged after April 28, 2015, that are 420 feet or greater in height, provided that: such stairwells serve a space with an occupancy group other than Group R-2, as classified in the New York City Building Code, that is located at or above a height of 420 feet; and such floor space excluded from floor area shall be limited to: the 25 percent of stair and landing width required by the New York City Building Code which is provided in addition to the stair and landing widths required by such Code for means of egress; or the one stairwell required by the New York City Building Code which is provided in addition to the stairwells required by such Code for means of egress. For the purposes of this paragraph, such additional stairwell shall include the stair and landings as well as any walls enclosing the stair and landings;

such stairwells serve a space with an occupancy group other than Group R-2, as classified in the New York City Building Code, that is located at or above a height of 420 feet; and

such floor space excluded from floor area shall be limited to: the 25 percent of stair and landing width required by the New York City Building Code which is provided in addition to the stair and landing widths required by such Code for means of egress; or the one stairwell required by the New York City Building Code which is provided in addition to the stairwells required by such Code for means of egress. For the purposes of this paragraph, such additional stairwell shall include the stair and landings as well as any walls enclosing the stair and landings;

the 25 percent of stair and landing width required by the New York City Building Code which is provided in addition to the stair and landing widths required by such Code for means of egress; or

the one stairwell required by the New York City Building Code which is provided in addition to the stairwells required by such Code for means of egress. For the purposes of this paragraph, such additional stairwell shall include the stair and landings as well as any walls enclosing the stair and landings;

floor space used for the storage of equipment by the Fire Department pursuant to the New York City Fire Code, Section 511.7 (Storage space for pre-positioned department equipment) in buildings that are 420 feet or greater in height;

qualifying exterior wall thickness;

floor space in a qualifying rooftop greenhouse;

floor space on a sun control device, where such space is inaccessible other than for maintenance;

floor space within a fully electrified building or an ultra low energy building, of an amount equivalent to five percent of the floor area located within such building, and exclusive of any floor space otherwise excluded from floor area;

floor space in buildings containing multiple dwelling residences allocated to building amenities, corridors, refuse storage or disposal, or access to elevated ground floor dwelling units that is provided in accordance with the provisions of Section 23-23, inclusive;

floor space in Quality Housing buildings that was exempted pursuant the Quality Housing Program, as such program existed prior to December 5, 2024.

"Floor area ratio" is the total floor area on a zoning lot, divided by the lot area of that zoning lot. If two or more buildings are located on the same zoning lot, the floor area ratio is the sum of their floor areas divided by the lot area. (For example, a zoning lot of 10,000 square feet with a building containing 20,000 square feet of floor area has a floor area ratio of 2.0, and a zoning lot of 20,000 square feet with two buildings containing a total of 40,000 square feet of floor area also has a floor area ratio of 2.0)

see railroad right-of-way, former

That portion of a zoning lot, at any given height, which may be covered by a building without coverage constituting an encroachment that requires daylight compensation.

In addition to the area that lies behind a setback line or setback lines, the free zone shall include areas between the setback line and either the half-setback line or the ten-foot setback line, whichever is further from the street line, and which qualify as free zone areas under the middle one-third rule. The free zone is referred to as Zone A on the encroachment grid.

[FREE ZONE image]

FROM 63-01: A “FRESH food store” is a food store use as listed in Section 32-15 (Use Group 6), where at least 6,000 square feet of floor area, or cellar space utilized for retailing, is allocated to the sale of a general line of food and non-food grocery products, such as dairy, canned and frozen foods, fresh fruits and vegetables, fresh and prepared meats, fish and poultry, intended for home preparation and consumption. Such retail space shall be distributed as follows:

A food store shall be certified as a FRESH food store by the Chairperson of the City Planning Commission, pursuant to Section 63-30 (CERTIFICATION FOR A FRESH FOOD STORE).

see lot line, front

see yard, front

see yard line, front

see yard line, front, level (of)

A “fully electrified building” is a building existing on December 6, 2023 which complies with the requirements of Local Law 154 of 2021, as such requirements would apply to a new building where an application for the approval of construction documents is submitted to the Commissioner of Buildings after July 1, 2027.

A "gambling vessel" is any ferry, sightseeing, excursion, sport fishing or passenger ocean vessel that operates a shipboard gambling business subject to regulation under Title 20-A of the Administrative Code of the City of New York or any successor legislation.

From Section 139-01: “Gowanus mix uses” are community facility, commercial, and manufacturing uses set forth in Section 139-12 (Gowanus Mix Uses).

From Section 139-01: “Gowanus retail and entertainment uses” are community facility and commercial uses set forth in Section 139-13 (Gowanus Retail and Entertainment Uses).

For the purposes of Section 81-60, inclusive, a “granting lot” shall mean a zoning lot that contains a landmark building or other structure. Such granting lot may transfer development rights pursuant to Sections 81-632 (Special permit for transfer of development rights from landmarks to the Vanderbilt Corridor Subarea), 81-642 (Transfer of development rights from landmarks to qualifying sites), or 81-653 (Special permit for transfer of development rights from landmarks to non-qualifying sites).

see Transit Zone, Greater

FROM 132-12:

ground floor level

For the purposes of this Chapter, “ground floor level” shall mean a building’s lowest story located within 30 feet of the building’s street wall along a designated commercial street.

FROM SECTION 32-301: The “ground floor level” shall refer to a building’s lowest story where the level of the finished floor is located within five feet of the adjoining sidewalk.

A "group parking facility" is a building or other structure or an open use on a zoning lot or portion thereof used for the storage of motor vehicles, that contains more than one parking space, has access to the street common to all spaces and, if accessory to a residential use, is designed to serve more than one dwelling unit.

A group parking facility shall include, but is not limited to, the following:

A group parking facility shall not include individual parking garages within buildings containing residences or individual unenclosed accessory parking spaces adjacent to residences which have access from a street, a private street or a driveway common to all the spaces.

A line drawn parallel to a street line and halfway between the street line and the setback line. (See illustration of Setback Line and Half-Setback Line)

A “health and fitness establishment” is any establishment that is equipped and arranged to provide instruction, services, or activities which improve or affect a person’s physical condition by physical exercise or provide relaxation services.

Health and fitness establishments include, but are not limited to, the following:

establishments containing high-intensity uses, including: gymnasiums where the predominant use of floor space involves the use of exercise equipment or weights; or gymnasiums and other indoor recreation establishments used for activities, including basketball, martial arts for adults, handball, paddleball, racquetball, squash, tennis, rock climbing, soccer, or volleyball;

gymnasiums where the predominant use of floor space involves the use of exercise equipment or weights; or

gymnasiums and other indoor recreation establishments used for activities, including basketball, martial arts for adults, handball, paddleball, racquetball, squash, tennis, rock climbing, soccer, or volleyball;

other establishments used for exercises including aerobics, exercise dance, youth martial arts, Pilates, or yoga studios; and

therapeutic or relaxation service establishments including tanning salons, spas, bathhouses, isolation flotation tanks, or meditation facilities.

Establishments containing high-intensity uses listed above are subject to the supplemental use regulations of paragraph (c)(2) of Section 32-163 and of Section 123-33, as applicable.

For “physical culture or health establishments” existing on December 9, 2021, that were allowed pursuant to special permit by the Board of Standards and Appeals, such establishments may continue under the terms and conditions established at approval and may continue after the expiration of such special permit, provided that such establishment is not enlarged, expanded, or otherwise changed in a manner that deviates from the approved establishment.

As an alternative, a “physical culture or health establishment” existing on December 9, 2021, may continue pursuant to the applicable provisions for health and fitness establishments, and may enlarge, expand, or change the range of activities therein, in accordance with the District regulations, provided that any applicable supplemental use regulations are met.

The "height factor" of a zoning lot is equal to the total floor area of a building divided by its lot coverage. If two or more buildings are located on the same zoning lot, the height factor is the sum of their floor areas divided by the sum of their lot coverages.

For example, a zoning lot with a residential building containing 60,000 square feet of floor area and a lot coverage of 5,000 square feet has a height factor of 12, and a zoning lot with two residential buildings containing a total of 80,000 square feet of floor area and 10,000 square feet of total lot coverage has a height factor of 8.

In computing a height factor, a fraction of one-half or more may be considered a whole number, and smaller fractions shall be disregarded.

The “high-risk flood zone” is the area, as indicated on the flood maps, that has a one percent chance of flooding in a given year.

hillside

A "hillside" is ground where the ratio of change in elevation to horizontal distance results in a 10 percent or greater slope or average percent of slope.

A "hillside" is defined as ground where the ratio of change in elevation to horizontal distance results in a 10 percent or greater slope or average percent of slope.

A "home occupation" is an accessory use that is a home-based, small-scale business or activity which: is clearly incidental to or secondary to the residential use of a dwelling unit or rooming unit; is carried on within a dwelling unit, rooming unit, or accessory building by one or more occupants of such dwelling unit or rooming unit, except that, in connection with the practice of a profession, one person not residing in such dwelling unit or rooming unit may be employed; and occupies not more than 49 percent of the total floor area of such dwelling unit or rooming unit and in no event more than 1,000 square feet of floor area.

is clearly incidental to or secondary to the residential use of a dwelling unit or rooming unit;

is carried on within a dwelling unit, rooming unit, or accessory building by one or more occupants of such dwelling unit or rooming unit, except that, in connection with the practice of a profession, one person not residing in such dwelling unit or rooming unit may be employed; and

occupies not more than 49 percent of the total floor area of such dwelling unit or rooming unit and in no event more than 1,000 square feet of floor area.

In connection with the operation of a home occupation, it shall not be permitted: to sell articles produced elsewhere than on the premises; to have exterior displays, or a display of goods visible from the outside; to store materials or products outside of a principal or accessory building or other structure; for customers or clients of such home occupation to queue or wait for services outside of the dwelling unit; to display, in an R1 or R2 District, a nameplate or other sign except as permitted in connection with the practice of a profession; to make external structural alterations which are not customary for residences; or to produce any danger of fire, explosions, toxic or noxious matter, radiation, or other hazards, or offensive noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, or other objectionable effects.

to sell articles produced elsewhere than on the premises;

to have exterior displays, or a display of goods visible from the outside;

to store materials or products outside of a principal or accessory building or other structure;

for customers or clients of such home occupation to queue or wait for services outside of the dwelling unit;

to display, in an R1 or R2 District, a nameplate or other sign except as permitted in connection with the practice of a profession;

to make external structural alterations which are not customary for residences; or

to produce any danger of fire, explosions, toxic or noxious matter, radiation, or other hazards, or offensive noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, or other objectionable effects.

Permitted home occupations shall not include kennels, animal breeders or veterinary medicine with in-person animal treatment.

FROM 123-11: For the purposes of this Chapter, the home occupation provisions of Section 12-10 shall apply, except that:

home occupation

Within the Queens Plaza Subdistrict, the home occupation provisions of Section 12-10 shall apply, except that:

The "horizontal surface" is an imaginary horizontal plane, circular or elliptical in shape, which:

An "apartment hotel" is a building or part of a building that is a Class A multiple dwelling as defined in the Multiple Dwelling Law, which:

Restaurants, cocktail lounges, or indoor swimming pools are permitted accessory uses, provided that in Residence Districts, such facilities shall be accessible only through the lobby and there shall be no signs except as permitted by the applicable district regulations. Public banquet halls, ballrooms, or meeting rooms are not permitted accessory uses.

A "transient hotel" is a building or part of a building in which:

Permitted accessory uses include restaurants, cocktail lounges, public banquet halls, ballrooms, or meeting rooms.

The “Hudson Yards Redevelopment Area” shall be the areas within the Special Hudson Yards District, Subdistrict A-2 of the Special Garment Center District, the 42nd Street Perimeter Area of the Special Clinton District, and the area bounded by the center line of Eleventh Avenue, the northern street line of West 43rd Street, the westerly prolongation of the northern street line of West 43rd Street to the U.S. Pierhead Line, the U.S. Pierhead Line, the westerly prolongation of the southern street line of West 29th Street to the U.S. Pierhead Line, and the southern street line of West 29th Street. However, the area bounded by the westerly side of Eleventh Avenue, the southerly side of West 43rd Street, the westerly side of Twelfth Avenue and the northerly side of West 33rd Street shall not be included in the Hudson Yards Redevelopment Area, except for any portion of such blocks containing a transit easement for subway-related use. Furthermore, the Hudson Yards Redevelopment Area shall not include any underground connections from a subway station to any use located on such excluded blocks or between any such uses.

see sign, illuminated

An “impeded access frontage” shall refer to zoning lot frontages along a transportation-infrastructure-adjacent frontage where direct vehicular or pedestrian access to areas beyond such infrastructure is inaccessible from all streets bounding the block containing the subject zoning lot.

DIAGRAM ILLUSTRATING IMPEDED ACCESS FRONTAGE

see alteration, incidental

see Mandatory Inclusionary Housing area

For the purposes of determining the applicable parking regulations for existing buildings, an “income-restricted housing unit” is a dwelling unit:

for which the number of required accessory off-street parking spaces was established pursuant to the provisions of Section 25-25 (Modification of Requirements for Income-Restricted Housing Units, Affordable Independent Residences for Seniors or Other Government-Assisted Dwelling Units) as such Section existed between March 22, 2016 and December 5, 2024;

for which the number of required accessory off-street parking spaces was established pursuant to the provisions of Section 25-25 (Modification of Requirements for Income-Restricted Housing Units, Affordable Independent Residences for Seniors or Other Government-Assisted Dwelling Units) as such Section existed between December 15, 1961, and March 22, 2016; or

in public housing developments owned by the New York City Housing Authority for which the applicable number of required accessory off-street parking spaces was established pursuant to the zoning regulations in effect between July 20, 1950, and December 15, 1961.

“Industrial floor space” is floor area or cellar space, excluding mechanical space and common space such as hallways, lobbies or stairways, with a minimum clear height from floor to ceiling of 15 feet, and allocated to referenced commercial or manufacturing uses.

An "initial setback distance" is a horizontal distance measured from a street line into a zoning lot for a depth as set forth in the district regulations.

see court, inner

see court recess, inner

see Transit Zone, Inner

interim site plan

An “interim site plan” is a plan that specifies, for an interim period, the design for the location, dimensions, and grading of portions of the publicly accessible private street or upland connection that are the subject of a certification pursuant to paragraph (b)(1) of Section 127-422 or paragraph (a)(1) of Section 127-542 and located on the applicant’s zoning lot. A design for an interim period is necessary where it is not feasible to implement the final design for such portions until build-out of the remaining portions of the publicly accessible private street or upland connection occurs. Such interim site plan, once certified, shall remain in effect until implementation of the final site plan in accordance with paragraph (b) of Section 127-422 or paragraph (a) of Section 127-542, at which time the certified final site plan shall supersede the interim site plan.

see lot, interior

A “joint living-work quarters for artists” consists of one or more rooms in a non-residential building, on one or more floors, with lawful cooking space and sanitary facilities meeting the requirements of the Housing Maintenance Code, occupied:

and arranged and designed for use by, and is used by, not more than four non-related artists, or an artist and the artist’s household, and including adequate working space reserved for the artist, or artists residing therein;

by any household residing therein on September 15, 1986, whose members are all unable to meet the artist certification qualifications of the Department of Cultural Affairs that registers with the Department of Cultural Affairs prior to nine months from January 8, 1987; or

by any person who is entitled to occupancy by any other provision of law.

Regulations governing joint living-work quarters for artists are set forth in Article I, Chapter 5, Sections 42-315 (Use regulations in M1-5B Districts), 43-17 (Special Provisions for Joint Living-Work Quarters for Artists in M1-5B Districts) and 74-78 (Conversions of Non-residential Floor Area).

"Land with minor improvements" is a tract of land or a zoning lot that:

For the purposes of Section 81-60, inclusive, a “landmark building or other structure” shall include any structure designated as a landmark by the Landmarks Preservation Commission pursuant to the New York City Charter and Administrative Code, but shall not include those portions of zoning lots used for cemetery purposes, statues, monuments or bridges. No transfer of development rights is permitted pursuant to Section 81-60, inclusive, from those portions of zoning lots used for cemetery purposes, or any structures within historic districts, statues, monuments or bridges.

A “large site” is either a single zoning lot with a lot area of at least 1.5 acres, 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 with a lot area of at least 1.5 acres.

A "large-scale community facility development" contains one or more buildings on a single zoning lot or two or more zoning lots that are contiguous or would be contiguous but for their separation by a street or a street intersection, used predominantly for community facility uses, and:

Such zoning lots may include any land occupied by buildings existing at the time an application is submitted to the City Planning Commission under the provisions of Article VII, Chapter 9, provided that such buildings form an integral part of the large-scale community facility development.

A “large-scale development” is either a large-scale community facility development, a large-scale general development or a large-scale residential development.

A "large-scale general development" contains one or more buildings on a single zoning lot or two or more zoning lots that are contiguous or would be contiguous but for their separation by a street or a street intersection and is not either a large-scale residential development or a large-scale community facility development; and:

Such zoning lots may include any land occupied by buildings existing at the time an application is submitted to the City Planning Commission under the provisions of Article VII, Chapter 4, provided that such buildings form an integral part of the large-scale general development, and provided that there is no bulk distribution from a zoning lot containing such existing buildings. In C5 and C6 Districts, however, a large-scale general development having a minimum lot area of five acres may include a zoning lot that contains an existing building that is not integrally related to the other parts of the large-scale general development, provided that such building covers less than 15 percent of the lot area of the large-scale general development and provided that there is no bulk distribution from a zoning lot containing such existing building.

A "large-scale residential development" contains one or more buildings on a single zoning lot or two or more zoning lots that are contiguous or would be contiguous but for their separation by a street or a street intersection, used predominantly for residential uses and:

A "legally required window" is a window or portion of a window (including a window either in addition to or as a substitute for mechanical ventilation) which is required by any applicable law or statute to provide light or ventilation to a "living room," as defined in the Housing Maintenance Code.

A "Limited Height District" is a district whose designation begins with the letters "LH," and in which the heights of buildings or other structures are limited in accordance with the provisions of Sections 23-443 (Special provisions in other geographies), 24-591 or 33-491 (Limited Height Districts).

Limited Height Districts appear on the zoning maps superimposed upon other districts. Their regulations supplement the regulations of the districts on which they are superimposed.

Limited Height Districts are confined to areas or portions of areas established by the Landmarks Preservation Commission and the Board of Estimate, or its successor, as "Historic Districts" pursuant to Chapter 8-A of the New York City Charter and Chapter 8-A of the New York City Administrative Code.

FROM 16-02: For the purposes of this Chapter, “Long Island City area” shall refer to the area within the boundaries shown on the map in Section 16-03.

A “long-term care facility” is a community facility use that has secured appropriate certificate of authority or licensure by the New York State Department of Health and shall include:

If a continuing care retirement community does not comply with conditions (1) and (2) above, the independent living dwelling units shall be considered a residential use.

For the purposes of applying the bulk regulations of this Resolution to buildings containing long-term care facilities, the residential bulk regulations applicable to qualifying senior housing shall be applied. In applying such residential bulk provisions, long-term care facilities shall be considered residential, and the term dwelling unit shall include “dwelling units” and “rooming units”, as set forth in the Housing Maintenance Code.

"Lot area" is the area of a zoning lot.

"Lot coverage" is that portion of a zoning lot which, when viewed directly from above, would be covered by a building or any part of a building. However, for purposes of computing a height factor, any portion of such building covered by a roof which qualifies as open space, or any terrace, balcony, breeze way, or porch or portion thereof not included in the floor area of a building, shall not be included in lot coverage.

For example, a zoning lot of 20,000 square feet consists of one portion, 100 feet by 100 feet, as a corner lot portion, and another portion, 100 feet by 100 feet, as an interior lot portion. In a district that allows 70 percent coverage of the interior lot portion, that portion can have a lot coverage of 7,000 square feet, while the corner lot portion which is allowed 100 percent coverage can have a lot coverage of 10,000 square feet.

When a height factor is not computed for a residential building or residential portion of a building, obstructions permitted pursuant to Section 23-341 (Permitted obstructions in required yards or rear yard equivalents) shall not be included in lot coverage, except that the portion of any balcony which does not project from the face of the building shall be counted as lot coverage.

"Lot depth" is the mean horizontal distance between the front lot line and rear lot line of a zoning lot. In the case of a corner lot, the lot depth is the greater of the mean horizontal distances between the front lot lines and the respective side lot line opposite each.

A "lot line" is a boundary of a zoning lot.

A "front lot line" is a street line.

A "rear lot line" is any lot line of a zoning lot except a front lot line, which is parallel or within 45 degrees of being parallel to, and does not intersect, any street line bounding such zoning lot.

A "side lot line" is any lot line which is not a front lot line or a rear lot line.

"Lot width" is the mean horizontal distance between the side lot lines of a zoning lot.

A "corner lot" is either a zoning lot bounded entirely by streets, or a zoning lot which adjoins the point of intersections of two or more streets and in which the interior angle formed by the extensions of the street lines in the directions which they take at their intersections with lot lines other than street lines, forms an angle of 135 degrees or less. In the event that any street line is a curve at its point of intersection with a lot line other than a street line, the tangent to the curve at that point shall be considered the direction of the street line. The portion of such zoning lot subject to the regulations for corner lots is that portion bounded by the intersecting street line and lines parallel to and 100 feet from each intersecting street line. Any remaining portion of a corner lot shall be subject to the regulations for a through lot or for an interior lot, whichever is applicable.

An "interior lot" is any zoning lot neither a corner lot nor a through lot.

A "through lot" is any zoning lot, not a corner lot, which adjoins two street lines opposite to each other and parallel or within 45 degrees of being parallel to each other. Any portion of a through lot which is not or could not be bounded by two such opposite street lines and two straight lines intersecting such street lines shall be subject to the regulations for an interior lot.

THROUGH LOT

see zoning lot

A “lower density growth management area” is any R1, R2, R3, R4A, R4-1 or C3A District in the following designated areas, and any zoning lot containing buildings accessed by private roads in R1, R2, R3, R4, R5 or C3A Districts within such areas:

The Borough of Staten Island

Community District 10 in the Borough of the Bronx

In the Borough of Staten Island, lower density growth management areas shall also include any C1, C2 or C4 District.

FROM: 104-01:

Lower street wall

“Lower street wall” is that portion of the street wall of a building that extends from grade to the height set forth in Section 104-33, paragraph (a).

The “lowest usable floor” of a building is the lowest floor of such building that contains floor area, and may include basements and cellars, as defined in Section 12-10 (DEFINITIONS).

mandatory front building wall

A "mandatory front building wall" is the front wall of a building that generally coincides with a mandatory front building wall line, as provided in Section 116-232 (Street wall location).

mandatory front building wall line

"Mandatory front building wall lines" are imaginary lines extending through Subarea B of the Special Stapleton Waterfront District which are shown on Map 3 (Mandatory Front Building Wall Lines) in Appendix A of this Chapter, and with which building walls must generally coincide, as provided in Section 116-232.

FROM: 84-01:

"Mandatory front building wall lines" are imaginary lines extending through Zone A and Zone C of the Special Battery Park City District which, except as shown in Appendices 2.1 and 3.1 of this Chapter, coincide with street lines and with which building walls must generally coincide, as provided in Sections 84-132 and 84-332 (Mandatory front building walls).

FROM 27-111: A “Mandatory Inclusionary Housing area” is a specified area in which the Mandatory Inclusionary Housing Program is applicable, pursuant to the regulations set forth for such areas in Section 27-10, inclusive. The locations of Mandatory Inclusionary Housing areas are identified in APPENDIX F of this Resolution or in Special Purpose Districts, as applicable.

mandatory widened sidewalk

A “mandatory widened sidewalk” is a paved area along the front lot line of a zoning lot at the same elevation as the adjoining sidewalk and directly accessible to the public at all times. Mandatory widened sidewalks are shown on Map 3 (Widened Sidewalk Lines) in Appendix A of this Chapter.

FROM 104-01:

mandatory widened sidewalk line

A “mandatory widened sidewalk line” is the line shown on Map 3 in Appendix A of this Chapter.

The "Manhattan Core" is the area within Manhattan Community Districts 1, 2, 3, 4, 5, 6, 7 and 8.

A "manufacturing” use is any use listed in

A "Manufacturing District" includes any district whose designation begins with the letter "M."

For example, an "M1" District includes any district whose designation begins with the symbol "M1."

FROM 66-11: For the purposes of this Chapter, “mass transit station” shall refer to any subway or rail mass transit station operated by a transit agency. Such mass transit stations shall include all publicly accessible parts of the station, including but not limited to stairs, escalators, elevators, corridors, platforms, and fare control areas inclusive of paid and unpaid areas of the station. Publicly accessible parts of the station shall also include stairs, escalators, elevators, corridors and fare control areas that are currently closed but could be reopened and that have previously been open to the public.

The rule under which, for the middle one-third of the front lot line length, the free zone includes area between the setback line and either the half-setback line or the ten-foot setback line, whichever is further from the street line. However, on a corner lot the free zone does not extend beyond the setback line along an intersecting street. (See illustrations of Middle One-Third Rule)

[MIDDLE ONE-THIRD RULE - two images]

A "mixed building" is a building in a Commercial District used partly for residential use and partly for community facility or commercial use.

FROM 117-01:

Mixed use building or development

For the purposes of this Chapter, a "mixed use building" or a “mixed use development” shall be any building or development used partly for residential use and partly for community facility, commercial or manufacturing use.

mixed use building

For the purposes of this Chapter, a "mixed use building" is a building in the Special Mixed Use District used partly for manufacturing, commercial or community facility use and partly for residential use.

mixed use building or development

From Section 139-01: In the Special Gowanus Mixed Use District, a “mixed use district” shall be any M1 District paired with a Residence District, as indicated on the zoning maps. For the purposes of applying provisions of districts adjacent to a mixed use district, a mixed use district shall be considered a Manufacturing District.

The “moderate-risk flood zone” is the area, as indicated on the flood maps, and not within of the high-risk flood zone, that has a 0.2 percent chance of flooding in a given year.

A "motel" or "tourist cabin" is a building or group of buildings which:

A “heavy motor vehicle repair and maintenance shop” is an establishment that provides repair and maintenance services for automotive vehicles that is required to register with the Department of Motor Vehicles as a “motor vehicle repair shop” pursuant to the New York State Motor Vehicle Repair Shop Registration Act.

All other establishments that provide repair and maintenance services for automotive vehicles, including those that consist solely of changing oil, water, batteries or tires, replacing fan belts, air filters or oil filters, installing windshield wiper blades or light bulbs, polishing and washing, repairing, installing or replacing seat safety belts, upholstery, or communications equipment, shall be “light motor vehicle repair and maintenance shops.”

However, these definitions shall not apply to automotive service stations.

A “multiple dwelling residence” is any type of residence that is not a single- or two-family residence.

see street, narrow

natural feature

A "natural feature" is a specific natural feature belonging to one of the types listed in Section 105-10 (NATURAL FEATURES) and existing within a Special Natural Area District.

A lot line, other than the far lot line, which intersects the street line of the vantage street and which defines the extent of the zoning lot's continuous frontage along the vantage street from the far lot line.

A "non-complying" building or other structure is any lawful building or other structure which does not comply with any one or more of the applicable district bulk regulations either on December 15, 1961 or as a result of a subsequent amendment thereto.

A "non-compliance" is a failure by a non-complying building or other structure to comply with any one of such applicable bulk regulations.

A "non-conforming" use is any lawful use, whether of a building or other structure or of a zoning lot, which does not conform to any one or more of the applicable use regulations of the district in which it is located, either on December 15, 1961, or as a result of any subsequent amendment thereto.

A non-conforming use shall result from failure to conform to the applicable district regulations on either permitted Use Groups or performance standards.

A non-conformity is a failure by a non-conforming use to conform to any one of such applicable use regulations.

However, no existing use shall be deemed non-conforming, nor shall a non-conformity be deemed to exist, solely because of any of the following:

A "non-profit hospital staff dwelling" is a dwelling owned by a non-profit institution or subsidiary non-profit housing corporation and which contains dwelling units reserved exclusively for occupancy by members of the staff of a non-profit or voluntary hospital and their immediate family.

For the purposes of Section 81-60, inclusive, a “non-qualifying site” shall refer to a zoning lot that does not meet the criteria for a qualifying site and is located in a subarea other than the Vanderbilt Corridor Subarea.

A “non-residential building” is a building containing no residences.

FROM 109-01:

open recreation space

"Open recreation space" is that part of a zoning lot, including courts, yards and roof areas, which is unobstructed from its lowest level to the sky except for landscaping and planting requirements pursuant to Sections 109-14, 109-34 and 109-42.

"Open space" is that part of a zoning lot, including courts or yards, which is open and unobstructed from its lowest level to the sky and is accessible to and usable by all persons occupying a dwelling unit or a rooming unit on the zoning lot.

Open space may, however, include areas covered by roofs, the total area of which is less than 10 percent of the unroofed or uncovered area of a zoning lot, provided that such roofed area is not enclosed on more than one side, or on more than 10 percent of the perimeter of the roofed area, whichever is greater.

Open space may be provided on the roof of:

All such roof areas used for open space shall meet the requirements set forth in this definition and shall:

open space network

The "open space network" is a planned system of open spaces as shown on the District Plan (Map 3 in Appendix A), which includes public parks, designated open space and the waterfront esplanade.

The "open space ratio" of a zoning lot is the number of square feet of open space on the zoning lot, expressed as a percentage of the floor area on that zoning lot. (For example, if for a particular zoning lot an open space ratio of 20 is required, 20,000 square feet of floor area in the building would necessitate 4,000 square feet of open space on the zoning lot; or, if 6,000 square feet of lot area were in open space, 30,000 square feet of floor area could be on that zoning lot.) Each square foot of open space per 100 square feet of floor area is referred to as one point.

An “outdoor amusement park” is a type of large-scale, open-air venue that offers a wide range of recreational attractions, rides, games and other forms of entertainment for visitors of all ages, as found in North American Industry Classification System (NAICS) industry code 71311 (Amusement and Theme Parks). An outdoor amusement park shall be unenclosed except for ancillary buildings or other structures.

see court, outer

see court recess, outer

see Transit Zone, Outer

FROM 13-02: For the purposes of this Chapter, a “parking zone” shall refer to the portion of an accessory off-street parking facility, public parking garage or an automobile rental establishment, occupied by permitted off-street parking spaces and associated maneuvering space, and any other portion of such parking facility not included in the access zone. In attended parking facilities with parking lift systems, the parking zone shall also include the lifted tray a vehicle is stored upon.

A “pier” is a structure at the water's edge, not otherwise defined as a platform, that is:

Projections from platforms shall be considered piers if their length, measured from the portion of the platform from which they project, exceeds 50 percent of their width at such portion. Any further extensions from such projections shall be considered piers regardless of their configuration.

"Pier Place" and the "Cove" are designated open spaces accessible to the public, located within the Special Stapleton Waterfront District as shown in the District Plan, Map 1, in Appendix A of this Chapter.

An “existing pier” is a pier where at least 75 percent of its surface is visible in the April 1988 Lockwood, Kessler and Bartlett aerial photographs of New York City.

A “new pier” is any pier other than an existing pier.

plan review site

A “plan review site” is any zoning lot that contains one or more acres, where there is a proposed development, enlargement, site alteration, or subdivision of such zoning lot into two or more zoning lots#.

A “platform” is a pile-supported or solid-core structure at the water's edge, or a portion thereof, that:

(62 - 11.2)

(62 - 112)

An “existing platform” is a platform where at least 75 percent of its surface is visible in the April 1988 Lockwood, Kessler and Bartlett aerial photographs of New York City.

A “new platform” is any platform other than an existing platform.

A "plaza" is an open area for public use on a zoning lot developed, from December 15, 1961, to June 11, 1996, in accordance with the requirements set forth in APPENDIX E, Section E27-50 (PLAZA STANDARDS OF 1961), of this Resolution.

A “public plaza” is an open area for public use provided in accordance with the requirements set forth in Section 37-70, inclusive.

A "residential plaza" is an open area for public use on a zoning lot developed from March 2, 1977, to October 17, 2007, in accordance with the requirements set forth in APPENDIX E, Article II, Chapter 7, of this Resolution.

An "urban plaza" is an open area for public use on a zoning lot developed, from April 16, 1975, to June 11, 1996, in accordance with plans certified by the Chairperson of the City Planning Commission or, from June 13, 1996, to October 17, 2007, in accordance with the requirements set forth in APPENDIX E, Section E37-04, of this Resolution.

“Predominant” or “predominantly” shall mean that a use or a group of uses comprises at least 75 percent of the total floor area of the building or on the zoning lot or, in the case of open uses, the lot area or pier water coverage, as applicable.

A “predominantly built-up area” is an area in R4 or R5 Districts without a letter or number suffix eligible for the optional bulk regulations set forth in Section 23-71, inclusive.

A “prevailing street wall frontage” shall refer to block frontages where, within 150 feet of the street wall of a subject building, at least half of the aggregate width of street walls on the same side of the block are within two feet of the average distance of such street walls from the street line. The total aggregate width of street walls shall not be less than 100 feet. The 150-foot selection may be measured in either direction from the subject property, or may be the total dimension extending from both directions (see illustration below).

For the purpose of calculating the average distance of street walls from the street line, the distance of each street wall segment, with a width of at least five feet, from the street line shall be multiplied by its width. The sum of the products thus obtained, divided by total length of aggregate width of street walls within the 150-foot selection, shall result in the average distance. To determine whether the street wall on the subject property is eligible to utilize certain street wall location modifications applicable to prevailing street wall frontage, the percentage of street wall segments that are within the 150-foot selection and within two feet of such average distance, shall be greater than 50 percent.

“Primary entrances” are the principal entrances to a building utilized for day-to-day pedestrian ingress and egress. Other entrances solely used for freight, service or emergency egress shall not constitute a primary entrance.

FROM SECTION 37-311: For the purposes of Section 37-30, inclusive, a “primary frontage” shall be the portion of the ground floor level #designated frontage along any of the following:

a wide street;

a narrow street where a Commercial District is mapped along an entire block# frontage; or

another frontage specifically designated as a primary frontage in a Special Purpose District or other streetscape provision of this Resolution.

FROM 64-11: For the purposes of applying the provisions of Section 64-322(c), a “primary street frontage” shall include:

FROM 124-02

primary retail street

The “primary retail street” shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31, inclusive.

FROM SECTION 64-11:

For the purposes of applying the provisions of Section 64-322(c), a “primary street frontage” shall include:

in Commercial Districts, frontages that meet the criteria for a “primary frontage” as defined in Section 37-311;

in M1 Districts paired with Residence Districts, frontages along: wide streets; narrow streets within 50 feet of a wide street; and narrrow streets where an M1 District paired with a Residence District is mapped along an entire block frontage; and

wide streets;

narrow streets within 50 feet of a wide street; and

narrrow streets where an M1 District paired with a Residence District is mapped along an entire block frontage; and

frontages where non-residential uses are required at the ground-floor level pursuant to a Special Purpose District or waterfront public access area.

FROM 66-11: For the purposes of this Chapter, “primary transit-adjacent sites” shall refer to transit-adjacent sites that have a lot area of 5,000 square feet or more.

A "private road" is a right-of-way, other than a street, that provides vehicular access from a street to five or more dwelling units that are within buildings or building segments that are located wholly beyond 50 feet of a street line or street setback line.

An individual driveway serving fewer than five parking spaces shall not be considered a private road.

However, in lower density growth management areas, a private road is a right-of-way, other than a street, that provides vehicular access from a street to:

Regulations for private roads are located in Sections 26-00 (APPLICABILITY OF THIS CHAPTER) and 37-10 (SPECIAL REGULATIONS FOR PRIVATE ROADS AND LOWER DENSITY GROWTH MANAGEMENT AREAS).

A curved line on the daylight evaluation chart rising from the intersection of the curved line representing an elevation angle of 72 degrees with the vertical line at the far lot line. The profile curve is used to evaluate a building's obstruction of the sky as seen in profile from the vantage point.

The space on the daylight evaluation chart which, when viewed from the vantage point, is on the far side of the profile curve and which is blocked by the projection of the building on the daylight evaluation chart. (See illustration of Profile Encroachment)

A "public park" is any publicly owned park, playground, beach, parkway or roadway within the jurisdiction and control of the Commissioner of Parks and Recreation, except for park strips or malls in a street the roadways of which are not within the Commissioner's jurisdiction and control.

A "public parking garage" is a building or other structure:

A public parking garage may include accessory off-street parking spaces limited to such spaces that are accessory to other uses on the same zoning lot.

Minor repairs incidental to the parking or storage of motor vehicles is a permitted accessory use.

A "public parking lot" is any open area on a zoning lot that is:

see plaza, public

For the purposes of Section 81-60, inclusive, the “Public Realm Improvement Fund” (the “Fund”) shall be a separate interest-bearing account established for the deposit of contributions made when developments or, where permitted, enlargements on qualifying sites in the East Midtown Subdistrict will exceed the basic maximum floor area ratio set forth in Section 81-64 (Special Floor Area Provisions for Qualifying Sites) through their utilization of the provisions of Sections 81-642 (Transfer of development rights from landmarks to qualifying sites), 81-643 (Special provisions for retaining non-complying floor area in commercial buildings) or 81-685 (Special permit to modify qualifying site provisions). The Fund shall be utilized, at the discretion of the Public Realm Improvement Fund Governing Group, to provide funding to implement improvements to the East Midtown Subdistrict, and its immediate vicinity, in the Borough of Manhattan. Upon receipt of any contribution, the Public Realm Improvement Fund Governing Group or the Department of City Planning shall notify the Comptroller of the City of New York and the Speaker of the New York City Council and promptly deposit it into the Fund.

For the purposes of Section 81-60, inclusive, the “Public Realm Improvement Fund Development Rights Valuation” (“Development Rights Valuation”) shall be a value per square foot of transferable development rights in the East Midtown Subdistrict, which shall provide a basis for establishing a minimum contribution to the Public Realm Improvement Fund. As of August 9, 2017, the Development Rights Valuation shall be set at $307.45 per square foot.

When proposing an adjustment to the Development Rights Valuation, the Department of City Planning shall undertake a transferrable development rights valuation study conducted by qualified professionals utilizing industry best practices. The City Planning Commission shall, by rule, review and adjust the Development Rights Valuation, pursuant to the City Administrative Procedures Act not more than once every three years and not less than once every five years.

An applicant, upon written request to the Commission, may request a transferable development rights valuation study to evaluate whether the Development Rights Valuation should be modified for a particular qualifying site based upon any recent changes in market conditions within the Subdistrict. The study must be paid for by the applicant and completed within a one-year timeframe. The Department of City Planning shall initiate the study, to be conducted by qualified professionals utilizing industry best practices. Where the study demonstrates that the value of the development rights for the qualifying site is less than the Development Rights Valuation, the Commission shall, by certification, and in connection with a certification pursuant to Section 81-642 (Transfer of development rights from landmarks to qualifying sites), modify the required contribution to 20 percent of the adjusted valuation.

For the purposes of Section 81-60, inclusive, the “Public Realm Improvement Fund Governing Group” (the “Governing Group”) shall be established to administer the Public Realm Improvement Fund (the “Fund”), and shall consist of 13 members: seven members shall be representatives of City agencies, appointed by and serving at the pleasure of the Mayor; one member shall be a representative of a citywide civic organization, appointed by the Office of the Manhattan Borough President; one member shall be a representative of the Office of the Manhattan Borough President; one member shall be a representative of the New York City Council member representing the City Council district encompassing the largest portion of the East Midtown Subdistrict; one member shall be a representative of the Speaker of the City Council; one member shall be a representative of Manhattan Community Board 5; and one member shall be a representative of Manhattan Community Board 6. The Governing Group shall be a local development corporation, organized pursuant to the New York State Not-for-Profit Corporation Law, and affiliated with City government for purposes of the New York State Public Authorities Law, whose organizational purpose shall be limited solely to the purposes set forth in this Chapter. Each member shall have one vote, and all Governing Group decisions, as set forth below, shall be upon a majority vote at a public meeting at which a quorum is present. A quorum shall consist of a majority of the members.

The purpose of the Governing Group shall be to bolster and enhance East Midtown’s status as a premier central business district with a high-quality public realm, by allocating funds from the Fund to implement public realm improvement projects. The Governing Group shall establish and maintain a Public Realm Improvement Concept Plan (“Concept Plan”) for the purpose of creating a list of priority improvements, and shall have the authority to amend such Concept Plan, and associated list of improvements, as necessary. All priority improvements in the Concept Plan shall meet the criteria set forth in Section 81-683 (Criteria for improvements in the Public Realm Improvement Concept Plan).

Establishment of the Concept Plan, amendment of the Concept Plan, calendaring of items for a vote to fund, and designation of funding for a specific public realm improvement on the Concept Plan shall be decisions requiring a majority vote of the Governing Group at a meeting at which a quorum is present. If only members of the Governing Group appointed by the Mayor vote to calendar a particular public realm improvement for a vote to fund it, the Governing Group shall conduct a public hearing on the matter prior to such improvement being placed on the calendar for vote. In addition, if any member of the Governing Group puts forth a proposed public realm improvement, discussion of such improvement shall be added to the agenda of the next public meeting. Establishment of the initial Concept Plan shall be completed no later than November 1, 2017.

In the event that more than 20 million dollars remains in the Fund for more than three years, the Governing Group shall be required to hold a vote either to fund a public realm improvement project or to retain the funds.

The Governing Group shall adopt procedures for the conduct of its activities. Such procedures shall be consistent with the requirements of the New York State Open Meetings Law (Article 7, NYS Public Officers Law), which procedures shall also be consistent with the goals of the Subdistrict. Those procedures shall be publicly available by posting on the Department of City Planning’s website, and shall include rules requiring reporting and transparency including, but not limited to, the following: procedures on the adoption and amendment of the concept plan and opportunity for public comment thereon; requirements to provide a transcript or recording of all public meetings and hearings; and transparency and annual reporting requirements concerning deposits into and expenditures from the Fund. The Governing Group shall annually update the Concept Plan by providing a list of all projects on the Concept Plan to date, those added or removed in the past year, the dollar amount of funds designated to each project on the Concept Plan, to the extent available, the estimated cost of each project on the Concept Plan, and the schedule for all projects for which a decision to designate funding has been made by the Governing Group. Such annual update shall be posted on the Department of City Planning’s website no later than January 15 of each calendar year following the establishment of the initial Concept Plan. All meetings of the Governing Group shall be open to the public with advance public notice provided of all meetings and public hearings.

A “publicly accessible open area” is an open area for public use on a zoning lot developed in accordance with the requirements of a plaza, residential plaza, urban plaza or public plaza.

publicly accessible private street

A “publicly accessible private street” is a way specified on Map 2 in the Appendix to this Chapter that functions as a street for the purposes of general public use, including vehicular and pedestrian traffic, and is open and unobstructed from its ground level to the sky, except by streetscape elements required or permitted by the provisions of this Chapter.

“Qualifying affordable housing” shall include any of the following:

Defined terms in this definition shall include those in Section 27-111 (General definitions).

For the purposes of applying the bulk regulations of this Resolution to buildings subject to an affordable housing regulatory agreement that contain community facility uses, the residential bulk regulations applicable to qualifying affordable housing may be applied, or the applicable community facility bulk regulations may be applied. Where the residential bulk regulations are applied, such community facility uses shall be considered residential, and the term dwelling unit shall include “dwelling units” and “rooming units”, as set forth in the Housing Maintenance Code.

[From Section 143-02]:

For the purposes of this Chapter, a “qualifying building” shall be any building where, prior to December 15, 2021:

[From Section 88-01]:

For the purposes of this Chapter, a “qualifying building” shall be any building that contained at least 70,000 square feet of floor area on March 20, 2013.

“Qualifying exterior wall thickness” shall refer to the floor space occupied by exterior wall thickness added to a building existing on December 6, 2023, where:

for over-cladding projects: such wall thickness is added to a wall existing on December 6, 2023, up to a maximum of 12 inches, provided the added wall thickness has an aggregate thermal resistance (R-value) of at least 1.5 per inch; or

for re-cladding projects: such wall thickness is located within a new wall that replaces a wall existing on December 6, 2023, where the qualifying portion is occupied by additional thickness relative to the previous wall, up to a maximum of 12 additional inches, and provided that the new wall shall comply with the minimum prescriptive and mandatory requirements for building thermal envelopes of the current New York City Energy Conservation Code.

Qualifying exterior wall thickness shall also include exterior wall thickness in exterior walls constructed between April 30, 2012 and December 6, 2023 where such exterior wall thickness satisfied the requirements of paragraph (12)(ii) of the definition of floor area in effect at the time of construction.

Qualifying exterior wall thickness need not exclusively contain insulating materials and may include wall thickness occupied by conduits, ductwork, pipes, or other essential non-insulating building components.

A “qualifying residential site” is a zoning lot, or portion thereof:

in an R1 through R5 District, that: meets the following criteria: has a minimum lot area of at least 5,000 square feet; is located within the Greater Transit Zone. For the purposes of this definition, the geography of the Outer Transit Zone shall only include those areas within a specified distance of mass transit stations, as defined in Section 66-11 (Definitions), existing on December 5, 2024; has frontage along a wide street or along the short dimension of a block; and is not located within an R1 or R2 District; or is located within the Greater Transit Zone and includes a building that contains floor space allocated to community facility uses existing on December 5, 2024; is located outside of the Greater Transit Zone, has a minimum lot area of at least 5,000 square feet and includes a building that contains floor space allocated to community facility uses existing on December 5, 2024; or is located in an R3-2, R4 without a letter or number suffix, R5 or R5B District, and contains qualifying senior housing;

meets the following criteria: has a minimum lot area of at least 5,000 square feet; is located within the Greater Transit Zone. For the purposes of this definition, the geography of the Outer Transit Zone shall only include those areas within a specified distance of mass transit stations, as defined in Section 66-11 (Definitions), existing on December 5, 2024; has frontage along a wide street or along the short dimension of a block; and is not located within an R1 or R2 District; or

has a minimum lot area of at least 5,000 square feet;

is located within the Greater Transit Zone. For the purposes of this definition, the geography of the Outer Transit Zone shall only include those areas within a specified distance of mass transit stations, as defined in Section 66-11 (Definitions), existing on December 5, 2024;

has frontage along a wide street or along the short dimension of a block; and

is not located within an R1 or R2 District; or

is located within the Greater Transit Zone and includes a building that contains floor space allocated to community facility uses existing on December 5, 2024;

is located outside of the Greater Transit Zone, has a minimum lot area of at least 5,000 square feet and includes a building that contains floor space allocated to community facility uses existing on December 5, 2024; or

is located in an R3-2, R4 without a letter or number suffix, R5 or R5B District, and contains qualifying senior housing;

in a C1, C2 or C4 District mapped within, or with a residential equivalent of, an R1 through R5 District: that meets the following criteria: the Commercial District in which the zoning lot is located, or a combination of Commercial Districts, extends continuously over an entire street frontage on the block and on at least one adjacent block, whether on the same or opposite side of the street, a Commercial District is mapped along the same street frontage; and along the long dimension of the Commercial District in which the zoning lot is located, or a combination of Commercial Districts, not more than 50 percent of the length of the zoning lots located entirely within such Commercial District consists of zoning lots that were developed exclusively with single- or two-family residences, and such residences were also in existence as single- or two-family residences on December 5, 2024; or where the conditions of (b)(1) cannot be met, the zoning lot meets one of the criteria set forth in paragraph (a). For the purposes of applying such provisions, where Residence District limitations apply, they shall not extend where a Commercial District is mapped within such Residence Districts; or

that meets the following criteria: the Commercial District in which the zoning lot is located, or a combination of Commercial Districts, extends continuously over an entire street frontage on the block and on at least one adjacent block, whether on the same or opposite side of the street, a Commercial District is mapped along the same street frontage; and along the long dimension of the Commercial District in which the zoning lot is located, or a combination of Commercial Districts, not more than 50 percent of the length of the zoning lots located entirely within such Commercial District consists of zoning lots that were developed exclusively with single- or two-family residences, and such residences were also in existence as single- or two-family residences on December 5, 2024; or

the Commercial District in which the zoning lot is located, or a combination of Commercial Districts, extends continuously over an entire street frontage on the block and on at least one adjacent block, whether on the same or opposite side of the street, a Commercial District is mapped along the same street frontage; and

along the long dimension of the Commercial District in which the zoning lot is located, or a combination of Commercial Districts, not more than 50 percent of the length of the zoning lots located entirely within such Commercial District consists of zoning lots that were developed exclusively with single- or two-family residences, and such residences were also in existence as single- or two-family residences on December 5, 2024; or

where the conditions of (b)(1) cannot be met, the zoning lot meets one of the criteria set forth in paragraph (a). For the purposes of applying such provisions, where Residence District limitations apply, they shall not extend where a Commercial District is mapped within such Residence Districts; or

in an M1 District paired with an R1 through R5 District.

For zoning lots utilizing the floor area ratio provisions for qualifying residential sites in Section 23-21 (Floor Area Regulations for R1 Through R5 Districts), where the permitted residential floor area on the zoning lot exceeds 50,000 square feet, all of the residential floor area that exceeds an amount equivalent to the maximum floor area ratio in such Section divided by 1.2, shall be restricted pursuant to an affordable housing regulatory agreement, or restricted pursuant to a restrictive declaration to occupancy by households having an income less than or equal to a weighted average of 80 percent of the income index at initial occupancy, with no more than three income bands and no income band exceeding 100 percent of the income index, and shall meet any additional requirements as specified by HPD in the guidelines, as those terms are defined in Section 27-111 (General definitions).

A “qualifying rooftop greenhouse” shall refer to any rooftop greenhouse that:

is located on the roof of a building that does not contain residences;

will be used primarily for cultivation of plants; and

has roofs and walls consisting of at least 70 percent transparent materials.

Such qualifying rooftop greenhouses shall be exempt from the definition of floor area, and shall be considered a permitted obstruction to height and setback, as set forth in the applicable district regulations.

Rooftop greenhouses which do not meet the requirements of this definition may also be permitted pursuant to the underlying district regulations, but shall not be exempt from the definition of floor area, and shall not be permitted obstructions to height and setback.

“Qualifying senior housing” shall include the following types of facilities:

For the purposes of Section 81-60, inclusive, a “qualifying site” shall refer to a zoning lot:

[From Section 66-11]:

For the purposes of this Chapter, “qualifying transit improvement sites” shall refer to zoning lots that are:

Such distance shall be measured from the outermost extent of the mass transit station. For the purposes of such calculation, the outermost extent may include buildings containing easement volumes serving such mass transit station.

A “Quality Housing building” is a building, developed, enlarged, extended or converted, pursuant to the Quality Housing Program as such program existed prior to December 5, 2024.

A “railroad right-of-way” is a tract of land where a railroad company has a right to occupy or use such land for railroad or transit tracks, freight terminals, yards, or appurtenant facilities or services used or required in railroad operations.

A “former railroad right-of-way” is a tract of land where a railroad company had a right to occupy or use such land for railroad or transit tracks, freight terminals, yards, or appurtenant facilities or services used or required in railroad operations on December 5, 2024, and the right was subsequently abandoned or extinguished, or has been deemed unnecessary by the railroad company for railroad operations.

see lot line, rear

see yard, rear

see yard equivalent, rear

see yard line, rear

For the purposes of Section 81-60, inclusive, a “receiving lot” shall mean a zoning lot to which development rights of a granting lot are transferred. Such receiving lot may receive a transfer of development rights pursuant to Sections 81-632 (Special permit for transfer of development rights from landmarks to the Vanderbilt Corridor Subarea), 81-642 (Transfer of development rights from landmarks to qualifying sites), or 81-653 (Special permit for transfer of development rights from landmarks to non-qualifying sites).

The “reference plane” is a horizontal plane from which the height and setback regulations governing a building or other structure may be measured, in accordance with certain provisions of this Chapter. The reference plane shall not be located above the first story above flood elevation, as applicable.

For zoning lots located wholly or partially within the high-risk flood zone, the reference plane may be established at any level between the flood-resistant construction elevation and a height of 10 feet above the base plane or curb level, as applicable. However, where the flood-resistant construction elevation exceeds a height of 10 feet above the base plane or curb level, as applicable, the reference plane may be established at the flood-resistant construction elevation.

For zoning lots located wholly or partially within the moderate-risk flood zone, the reference plane may be established at any level between the flood-resistant construction elevation and a height of five feet above the base plane or curb level, as applicable.

“Referenced commercial and manufacturing uses” consist of the following commercial and manufacturing uses:

From Use Group I Agricultural uses, including greenhouses, nurseries, or truck gardens

From Use Group VI All uses listed under Repair and Maintenance Industrial drycleaning and laundry services

From Use Group VII Laboratories

From Use Group VIII Art, music, dancing or theatrical studios Production or entertainment studios

From Use Group X All uses.

A "Residence District" includes any district whose designation begins with the letter "R."

For example, an "R6" District includes any district whose designation begins with the symbol "R6."

A "residence" is one or more dwelling units or rooming units, including common spaces such as hallways, lobbies, stairways, laundry facilities, recreation areas or storage areas. A residence may, for example, consist of one-family or two-family houses, multiple dwellings, boarding or rooming houses, or apartment hotels. However, residences do not include:

"Residential" means pertaining to a residence.

A "residential building" is a building used only for a residential use.

A “residential equivalent” is the applicable Residence District assigned to apply the bulk regulations for a particular Commercial District that permits residences.

see plaza, residential

residential street

A “residential street” shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31, inclusive.

A "residential use" is any use listed in Use Group II.

retail street

A “retail street” shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31, inclusive.

A “rooming unit” consists of any "living room," as defined in the Multiple Dwelling Law, in a residential building or a residential portion of a building which is not a dwelling unit or part of a dwelling unit.

"Rooms" shall consist of "living rooms," as defined in the Multiple Dwelling Law.

For the purposes of Section 81-60, inclusive, “sale price” shall mean the total consideration exchanged for transferred floor area pursuant to certification to transfer development rights from zoning lots occupied by landmark buildings or other structures within the East Midtown Subdistrict to a qualifying site. The total consideration shall include all consideration as defined in Chapter 21 of the Administrative Code of the City of New York and Title 19 of the Rules of the City of New York, as they may be amended, or their successor provisions, whether or not subject to tax under that Chapter. The total consideration shall also include any other compensation in whatever form received in exchange for the floor area, including contingent consideration. A valuation prepared pursuant to procedures established by rule of the City Planning Commission or the New York City Department of Finance shall be required for all consideration in a form other than cash. The application for certification shall include affidavits from the buyer and seller, attesting under penalty of perjury, that all of the terms of the transaction and all the consideration have been disclosed, and may be subject to audit.

FROM 102-01:

scenic view

A "scenic view" is an outstanding or unique view from a mapped public park or an esplanade or a mapped public place which is protected by the regulations of this Chapter. Scenic views shall be limited to:

The minimum horizontal distance between the scenic view and a view reference line shall be at least 1,500 feet and shall not contain distractions which reduce the quality of such view. The specific view to be preserved under the regulation of this Special Scenic View District shall be described and made part of this Chapter.

A "school" is:

A “seaward lot” is the portion of a waterfront zoning lot located seaward of the bulkhead line, except for any land above water included as part of the upland lot.

SEAWARD/UPLAND LOTS(62 - 11.4)

For the purposes of Section 37-30, inclusive, a “secondary frontage” shall be the portion of a ground floor level designated frontage subject to the provisions of Section 37-30, inclusive, that is not a primary frontage.

FROM 66-11: For the purposes of this Chapter, “secondary transit-adjacent sites” shall refer to transit-adjacent sites that have a lot area of less than 5,000 square feet.

“Select commercial overlays” shall be any of the following C1 or C2 Districts: C1-1, C1-2, C1-3 or C1-4 Districts or C2-1, C2-2, C2-3 or C2-4 Districts.

From Section 139-01: For the purposes of this Chapter, the following community facility uses shall also be considered “select community facility uses”:

Houses of worship, rectories or parish houses; and

Health facilities requiring approval under Article 28 of the Public Health Law of the State of New York that, prior to July 10, 1974, have received approval of Part I of the required application from the Commissioner of Health.

A “select entertainment facility” is any establishment providing amusement or recreation activities found in the following North American Industry Classification System (NAICS) industry codes:

uses listed under industry code 71395 (Bowling Centers); or

the following uses from industry code 71399 (All Other Amusement and Recreation Industries): Billiard or pool parlors Escape rooms Model car racing centers.

For the purposes of establishing the geography of the Outer Transit Zone, “select mass transit stations” shall include the following mass transit stations, as defined in Section 66-11 (Definitions):

the Bellerose, Belmont, Douglaston, Far Rockaway, Floral Park, Hollis, Inwood, Laurelton, Little Neck, Locust Manor, Queens Village, Rosedale or St. Albans Long Island Railroad stations; and

the Riverdale, Spuyten Duyvil, Wakefield or Woodlawn Metro North stations.

A “self-service storage facility” is a moving or storage office, or a warehouse establishment, as listed in Use Group IX, for the purpose of storing personal property, where:

A “semi-detached” building is a building that abuts only one other building, other than an attached building, on an adjoining zoning lot along only one side lot line and which is surrounded on all other sides by yards, other open areas or street lines.

service street

A “service street” shall be a way intended for general public use located and designed in accordance with requirements set forth in Section 124-31, inclusive.

A line drawn in plan parallel to a street line and showing for a given building height the minimum depth to which a building is required to be set back from the street line by the applicable depth to height chart in Section 81-263 (Standard setback requirements). Required setbacks, established by the chart, increase with the building's height.

(See illustration of Setback Line and Half-Setback Line)

[SETBACK LINE AND HALF-SETBACK LINE - two images]

A “severe disaster” shall include any event within any boundary of the City of New York, for which the Mayor proclaims a local state of emergency, or the Governor declares a disaster emergency.

Shore public walkway

A "shore public walkway" is a linear public access area along the shore or water edges of a platform on a waterfront zoning lot.

A “shore public walkway” is a linear public access area running alongside the shore or water edges of a platform on a waterfront zoning lot.

The "shoreline" is the mean high water line, as determined in accordance with the procedure set forth by the National Oceanic and Atmospheric Administration of the U.S. Department of Commerce.

The definition of shoreline set forth in Section 12-10 is modified for the purposes of this Chapter to mean the shoreline on a survey available on the Department of City Planning website.

[From Section 142-04]:

For the purposes of this Chapter, a “shoreline adjacent lot” shall refer to a waterfront zoning lot with a shoreline length of more than 100 feet, or any zoning lot that has entered into a binding agreement to improve and maintain a waterfront public access area for an adjoining waterfront zoning lot.

The “short dimension of a block” shall be a block frontage where the dimension between any two streets bounding the block measures less than 230 feet.

A "show window" is a window or opening in the exterior wall of any portion of a building used for business purposes, through which merchandise, services or business are displayed or advertised. A window glazed with transparent glass in the business portion of a building, any part of which window is less than six feet above the sidewalk or the established sidewalk grade beneath the window, shall be a show window.

see lot line, side

A "side lot ribbon" is that portion of the zoning lot that is contiguous to, and extends along the entire length of, a side lot line from the street line to an intersecting rear lot line, side lot line or other street line. Where a side lot ribbon is used for a common driveway serving two zoning lots, the side lot ribbon may occupy space on both sides of a side lot line.

See yard, side

A "sign" is any writing (including letter, word or numeral), pictorial representation (including illustration or decoration), emblem (including device, symbol or trademark), flag, (including banner or pennant) or any other figure of similar character, that:

However, non-illuminated signs containing solely non-commercial copy with a total surface area not exceeding 12 square feet on any zoning lot, including memorial tablets or signs displayed for the direction or convenience of the public, shall not be subject to the provisions of this Resolution.

Sign band

A "sign band" is a horizontal band which extends the full length of the street wall of a building, and is located between 8 feet and 14 feet above curb level.

A "sign with indirect illumination" is any illuminated non-flashing sign whose illumination is derived entirely from an external artificial source and is so arranged that no direct rays of light are projected from such artificial source into residences or streets.

An "advertising sign" is a sign that directs attention to a business, profession, commodity, service or entertainment conducted, sold, or offered elsewhere than upon the same zoning lot and is not accessory to a use located on the zoning lot.

A "flashing sign" is any illuminated sign, whether stationary, revolving or rotating, that exhibits changing light or color effects, provided that revolving or rotating signs that exhibit no changing light or color effects other than those produced by revolution or rotation, shall be deemed flashing signs only if they exhibit sudden or marked changes in such light or color effects.

Illuminated signs that indicate the time, temperature, weather or other similar information shall not be considered flashing signs, provided that:

An "illuminated sign" is a sign designed to give forth any artificial light or reflect such light from an artificial source.

see surface area (of a sign)

A "single-family residence" is a building containing only one dwelling unit, and occupied by only one family. A single-family residence may additionally include an ancillary dwelling unit in the same or an ancillary building.

Site alteration

A "site alteration" is an alteration on any vacant tract of land, land with minor improvements or any tract of land containing buildings or other structures which includes land contour work, topographic modifications, removal of topsoil, vegetation, excavating, filling, dumping, changes in existing drainage systems, improvements in public rights-of-way, relocation of erratic boulders or modification of any other natural features, whether or not a permit is required from the Department of Buildings, the Department of Transportation or other public agencies.

A "site alteration" is an alteration on any vacant tract of land, land with minor improvements or any tract of land containing buildings or other structures, which includes permanent topographic modifications, removal of topsoil, removal of trees of six-inch caliper or more, excavating, filling, dumping, changes in existing drainage systems, whether or not a permit is required from the Department of Buildings or other public agencies.

For the purposes of this Chapter, a "site alteration" is an alteration on any vacant tract of land, land with minor improvements or any tract of land containing buildings or other structures. Site alterations shall include the following:

A “sky exposure plane building” is a building that:

is located in R6 through R10 Districts without a letter suffix, or in Commercial Districts mapped within, or with a residential equivalent of, R6 through R10 Districts without a letter suffix;

is developed or enlarged after December 5, 2024; and

utilizes the optional bulk regulations set forth in Section 23-73, inclusive, or Section 35-81, inclusive.

A "sky exposure plane" or "front sky exposure plane" is an imaginary inclined plane:

For the purposes of this Chapter, the “SoHo-NoHo Arts Fund” (the “Arts Fund”) shall be a separate interest-bearing account established for the deposit of contributions made when converting joint living-work quarters for artists to residences through in accordance with the provisions of Section 143-13 (Joint Living-Work Quarters for Artists). Funds within the SoHo-NoHo Arts Fund shall be allocated by the New York City Department of Cultural Affairs, or a not-for-profit entity designated by the Department of Cultural Affairs, to support arts programming, projects, organizations, and facilities that promote the public presence of the arts within the Special District and surrounding neighborhoods and extend the cultural legacy of SoHo and NoHo generally. Such allocation should prioritize under-resourced organizations and under-served areas within Lower Manhattan neighborhoods south of 14th Street.

No later than June 30 of each year, the Department of Cultural Affairs shall submit a report to the Speaker of the City Council detailing the amount of money deposited into the SoHo-NoHo Arts Fund and any expenditure of funds.

The "Special 125th Street District" is a Special Purpose District designated by the number "125" in which special regulations set forth in Article IX, Chapter 7, apply.

Special Atlantic Avenue Mixed Use District

The “Special Atlantic Avenue Mixed Use District” is a Special Purpose District designated by the letters “AAM” in which special regulations set forth in Article XIV, Chapter 6, apply.

The "Special Battery Park City District" is a Special Purpose District designated by the letters "BPC" in which special regulations set forth in Article VIII, Chapter 4, apply.

The "Special Bay Ridge District" is a Special Purpose District designated by the letters "BR" in which special regulations set forth in Article XI, Chapter 4, apply.

The "Special Bay Street Corridor District" is a Special Purpose District designated by the letters "BSC" in which special regulations set forth in Article XIII, Chapter 5, apply.

The “Special Brooklyn Navy Yard District” is a Special Purpose District designated by the letters “BNY” in which special regulations set forth in Article XIV, Chapter 4, apply.

The "Special City Island District" is a Special Purpose District designated by the letters "CD" in which special regulations set forth in Article XI, Chapter 2, apply.

The "Special Clinton District" is a Special Purpose District designated by the letters "CL" in which special regulations set forth in Article IX, Chapter 6, apply.

The “Special Coastal Risk District” is a Special Purpose District designated by the letters “CR” in which special regulations set forth in Article XIII, Chapter 7, apply.

The “Special College Point District” is a Special Purpose District designated by the letters “CP” in which special regulations set forth in Article XII, Chapter 6, apply.

The “Special Coney Island District” is a Special Purpose District designated by the letters “CI” in which special regulations set forth in Article XIII, Chapter 1, apply.

The "Special Coney Island Mixed Use District" is a Special Purpose District designated by the letters "CO" in which special regulations set forth in Article X, Chapter 6, apply.

“Special density areas” shall refer to special geographies where unique density regulations apply to residential developments or enlargements. Special density areas shall include:

The "Special Downtown Brooklyn District" is a Special Purpose District designated by the letters "DB" in which special regulations set forth in Article X, Chapter 1, apply.

The “Special Downtown Far Rockaway District” is a Special Purpose District designated by the letters “DFR” in which special regulations set forth in Article XIII, Chapter 6, apply.

The "Special Downtown Jamaica District" is a Special Purpose District designated by the letters "DJ" in which special regulations set forth in Article XI, Chapter 5, apply.

The "Special East Harlem Corridors District" is a Special Purpose District designated by the letters "EHC" in which special regulations set forth in Article XIII, Chapter 8, apply.

The “Special Eastchester – East Tremont Corridor District” is a Special Purpose District designated by the letters “ETC” in which special regulations set forth in Article XIV, Chapter 5, apply.

The "Special Enhanced Commercial District" is a Special Purpose District designated by the letters "EC" in which special regulations set forth in Article XIII, Chapter 2, apply.

The "Special Flushing Waterfront District" is a Special Purpose District designated by the letters "FW" in which special regulations set forth in Article XII, Chapter 7, apply.

The "Special Forest Hills District" is a Special Purpose District designated by the letters "FH" in which special regulations set forth in Article VIII, Chapter 6, apply.

The “Special Governors Island District” is a Special Purpose District designated by the letters “GI” in which the special regulations set forth in Article XIII, Chapter 4, apply.

The "Special Grand Concourse Preservation District" is a Special Purpose District designated by the letter "C" in which special regulations set forth in Article XII, Chapter 2, apply.

The "Special Harlem River Waterfront District" is a Special Purpose District designated by the letters "HRW" in which special regulations set forth in Article VIII, Chapter 7, apply.

"Special height locations" are designated areas in Zone A and Zone C of the Special Battery Park City District subject to the regulations in Appendices 2.2 and 3.2 of this Chapter, in accordance with Sections 84-135 and 84-333 (Limited height of buildings).

The "Special Hillsides Preservation District" is a Special Purpose District mapped in Staten Island designated by the letters "HS" in which special regulations set forth in Article XI, Chapter 9, apply.

The “Special Hudson River Park District” is a Special Purpose District designated by the letters “HRP” in which special regulations set forth in Article VIII, Chapter 9, apply.

The “Special Hudson Square District” is a Special Purpose District designated by the letters “HSQ,” in which special regulations set forth in Article VIII, Chapter 8, apply.

The "Special Hudson Yards District" is a Special Purpose District designated by the letters "HY" in which special regulations set forth in Article IX, Chapter 3, apply.

The "Special Hunts Point District" is a Special Purpose District designated by the letters "HP" in which special regulations set forth in Article X, Chapter 8, apply.

The "Special Inwood District" is a Special Purpose District designated by the letters "IN" in which special regulations set forth in Article XIV, Chapter 2, apply.

The "Special Jerome Corridor District" is a Special Purpose District designated by the letter "J" in which special regulations set forth in Article XIV, Chapter 1, apply.

The "Special Limited Commercial District" is a Special Purpose District designated by the letters "LC" in which special regulations set forth in Article VIII, Chapter 3, apply.

The "Special Lincoln Square District" is a Special Purpose District designated by the letter "L" in which special regulations set forth in Article VIII, Chapter 2, apply.

The "Special Little Italy District" is a Special Purpose District designated by the letters "LI" in which special regulations set forth in Article X, Chapter 9, apply.

The "Special Long Island City Mixed Use District" is a Special Purpose District designated by the letters "LIC" in which special regulations set forth in Article XI, Chapter 7, apply.

The "Special Lower Manhattan District" is a Special Purpose District designated by the letters "LM" in which special regulations set forth in Article IX, Chapter 1, apply.

The "Special Madison Avenue Preservation District" is a Special Purpose District designated by the letters "MP" in which special regulations set forth in Article IX, Chapter 9, apply.

The “Special Manhattanville Mixed Use District” is a Special Purpose District designated by the letters “MMU” in which special regulations set forth in Article X, Chapter 4, apply.

The "Special Midtown District" is a Special Purpose District designated by the letters "MiD" in which special regulations set forth in Article VIII, Chapter 1, apply.

The “Special Midtown South Mixed Use District” is a Special Purpose District designated by the letters “MSX” in which special regulations set forth in Article XII, Chapter 1, apply.

The "Special Mixed Use District" is a Special Purpose District designated by the letters "MX" in which special regulations set forth in Article XII, Chapter 3, apply. The Special Mixed Use District appears on the zoning maps superimposed on paired M1 and Residence Districts, and its regulations supplement or modify those of the M1 and Residence Districts. The Special Mixed Use District includes any district that begins with the letters “MX.”

“Special mixed use parking areas” shall refer to special geographies where unique parking requirements apply to mixed use buildings. Special mixed use parking areas shall include areas within:

the boundaries shown in APPENDIX I of this Resolution; and

within Roosevelt Island in Community District 8 of Manhattan.

The "Special Natural Area District" is a Special Purpose District designated by the letters "NA" in which special regulations set forth in Article X, Chapter 5, apply. The Special Natural Area District includes any district whose designation begins with the letters "NA”.

The "Special Ocean Parkway District" is a Special Purpose District designated by the letters "OP" in which special regulations set forth in Article XI, Chapter 3, apply.

The "Special Park Improvement District" is a Special Purpose District designated by the letters "PI" in which special regulations set forth in Article IX, Chapter 2, apply.

“Special parking areas” shall refer to special geographies where unique parking regulations apply in Article I, Chapter 3 and Article I, Chapter 6. Special parking areas include:

The "Special Planned Community Preservation District" is a Special Purpose District designated by the letters "PC" in which special regulations set forth in Article X, Chapter 3, apply.

The "Special Scenic View District" is a Special Purpose District designated by the letters "SV" in which the special regulations set forth in Article X, Chapter 2, apply.

The "Special Sheepshead Bay District" is a Special Purpose District designated by the letters "SB" in which special regulations set forth in Article IX, Chapter 4, apply.

The “Special SoHo-NoHo Mixed Use District” is a Special Purpose District designated by the letters “SNX” in which special regulations set forth in Article XIV, Chapter 3, apply.

The "Special South Richmond Development District" is a Special Purpose District designated by the letters "SR" in which special regulations set forth in Article X, Chapter 7, apply.

The “Special Southern Hunters Point District” is a Special Purpose District designated by the letters “SHP” in which special regulations set forth in Article XII, Chapter 5, apply.

The “Special Southern Roosevelt Island District” is a Special Purpose District designated by the letters “SRI” in which special regulations set forth in Article XIII, Chapter 3, apply.

The “Special St. George District” is a Special Purpose District designated by the letters “SG” in which special regulations set forth in Article XII, Chapter 8, apply.

The "Special Stapleton Waterfront District" is a Special Purpose District designated by the letters "SW" in which special regulations set forth in Article XI, Chapter 6, apply.

The “special streetscape area” shall refer to special geographies where unique streetscape regulations apply in Section 32-30, inclusive. Special streetscape areas shall include areas within:

A "Special Transit Land Use District" is a Special Purpose District designated by the letters "TA" in which special regulations set forth in Article IX, Chapter 5, apply.

The "Special Tribeca Mixed Use District" is a Special Purpose District designated by the letters "TMU" in which special regulations set forth in Article XI, Chapter 1, apply.

The "Special Union Square District" is a Special Purpose District, designated by the letters "US" in which special regulations set forth in Article XI, Chapter 8, apply.

The "Special United Nations Development District" is a Special Purpose District designated by the letter "U" in which special regulations set forth in Article VIII, Chapter 5, apply.

The “Special West Chelsea District” is a Special Purpose District designated by the letters “WCh” in which special regulations set forth in Article IX, Chapter 8, apply.

The “Special Willets Point District” is a Special Purpose District designated by the letters “WP” in which special regulations set forth in Article XII, Chapter 4, apply.

staging area

A "staging area" is any area on a zoning lot used during the construction of a development, enlargement or site alteration for the purposes of stockpiling soil or construction materials; storing, cleaning or servicing construction equipment, vehicles or tools; or storing leachable construction products, gases or other materials used to clean or service vehicles, equipment or tools.

A "staging area" is any area on a zoning lot or other tract of land used during the construction of a development, enlargement or site alteration for the purposes of stockpiling soil or construction materials; storing, cleaning or servicing construction equipment, vehicles or tools; or storing leachable construction products, gases or other materials used to clean or service vehicles, equipment or tools.

steep slope

A "steep slope" is a portion of a zoning lot with an incline of 25 percent or greater. However, a portion of a zoning lot with an incline of 25 percent or greater shall not be considered a steep slope if it occupies an area of less than 200 square feet or has a dimension of less than 10 feet, measured along the horizontal plane, unless such portions in the aggregate equal 10 percent or more of the area of the zoning lot.

A "steep slope" is a portion of a zoning lot or other tract of land with an incline of 25 percent or greater. However, a portion of a zoning lot or other tract of land with an incline of 25 percent or greater shall not be considered a steep slope if it occupies an area of less than 200 square feet or has a dimension of less than 10 feet, measured along the horizontal plane, unless such portions in the aggregate equal 10 percent or more of the area of the zoning lot.

steep slope buffer

A "steep slope buffer" is a 15-foot wide area having a slope of less than 25 percent that adjoins the entire length of the crest of a steep slope.

A "story" is that part of a building between the surface of a floor (whether or not counted for purposes of computing floor area ratio) and the ceiling immediately above. However, a cellar shall not be considered a story. Furthermore, attic space that is not floor area pursuant to Section 12-10 (DEFINITIONS) shall not be considered a story.

A "street" is:

All provisions of this Resolution shall continue to be applicable to such space without being modified, varied or affected by the qualification of such space as a street.

The City Planning Commission may prescribe appropriate conditions and safeguards to achieve public utilization of the street.

For purposes of paragraphs (a), (b), (c) and (d) of this definition, a private road, or a driveway that serves only to give vehicular access to an accessory parking or loading facility, or to allow vehicles to take on or discharge passengers at the entrance to a building, shall not be considered a street.

A portion of a zoning lot which lies within an area bounded by a continuous front lot line and either the center line of the block or a line 100 feet distant from and parallel to that front lot line, whichever is closer to that front lot line. There shall be a street frontage zone for each zoning lot street frontage.

(See illustration of Street Frontage Zones)

[STREET FRONTAGE ZONES - image]

A "street line" is a lot line separating a street from other land.

A street setback line supersedes the street line in the application of yard, height and setback, and court regulations.

A "street setback line" is a line shown on the City Map in the Borough of Staten Island, or in Community District 10 in the Borough of Queens. A street setback line shall not be located within a mapped street area.

No building or other structure shall be erected within the area between street setback lines fronting on the same street, or between a street setback line and the opposite mapped street line if no street setback line exists. Any existing building or other structure within this area may be continued, changed, extended or structurally altered but shall not be enlarged.

A "street wall" is a wall or portion of a wall of a building facing a street.

A "street wall line" is that portion of a line drawn parallel to a front lot line at a distance equal to the shallowest depth between the street wall of a building and the front lot line, from which, when viewed directly from above, lines perpendicular to the front lot line may be drawn to a street wall.

STREET WALL LINE

"Street wall line level" is the mean level of the natural grade at the street wall line. On corner lots, street wall line level is the average of the mean levels of the natural grade of each street wall line. On through lots, street wall line level is determined separately for each street frontage to a distance midway between such streets.

A "narrow street" is any street less than 75 feet wide.

A "wide street" is any street 75 feet or more in width. In C5-3, C6-4 or C6-6 Districts, when a front lot line of a zoning lot adjoins a portion of a street whose average width is 75 feet or more and whose minimum width is 65 feet, such portion of a street may be considered a wide street; or when a front lot line adjoins a portion of a street 70 feet or more in width, which is between two portions of a street 75 feet or more in width, and which portion is less than 700 feet in length, such portion may be considered a wide street, and in that case, for the purposes of the height and setback regulations and the measurement of any publicly accessible open area or arcade, the street line shall be considered to be a continuous line connecting the respective street lines of the nearest portions of the street which are 75 feet or more in width.

In Community District 7 in the Borough of Manhattan, the roadways of Broadway between West 94th and West 97th Streets and in Community District 3 in the Borough of Manhattan, the roadways of Allen Street between Rivington and Delancey Streets, which are separated by mapped public park shall each be considered a wide street.

A “supplemental public access area” is a public access area provided on a waterfront zoning lot, in addition to other required public access areas, in order to fulfill the required waterfront public access area requirements. A supplemental public access area shall not include a shore public walkway or an upland connection.

The "surface area" of a sign shall be the entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. In any event, the supports or uprights on which such sign is supported shall not be included in determining the surface area of a sign.

When two signs of the same shape and dimensions are mounted or displayed back-to-back and parallel on a single free-standing structural frame, only one of such signs shall be included in computing the total surface area of the two signs.

When a double-faced sign projects from the wall of a building, and its two sides are located not more than 28 inches apart at the widest point and not more than 18 inches apart at the narrowest point, and display identical writing or other representation, the surface area shall include only one of the sides. Any additional side of a multi-faced sign shall be considered as a separate sign for purposes of computing the total surface area of the sign.

A line which is parallel to the street line at a depth of 10 feet and represents the minimum distance any portion of a building exceeding the maximum height at the street line is required to be set back from the street line. A greater setback distance may be required by a setback line or a half-setback line depending upon the building height for which such setback line or half-setback line is established.

[TEN-FOOT SETBACK LINE ON AN ENCROACHMENT GRID - 2 images]

A "through block arcade" is a continuous area within a building connecting one street with another street, publicly accessible open area or arcade adjacent to the street. This area may be enclosed in whole or in part and must have a minimum width of 20 feet and a minimum average height of 20 feet. Such a through block arcade shall, at either end, be at the same level as the street, publicly accessible open area or arcade that it adjoins.

A “through block public plaza” is a public plaza or portion of a public plaza that is not a corner public plaza and that connects two streets that are parallel or within 45 degrees of being parallel to each other.

see lot, through

A “tidal wetland area” is an area planted with species tolerant of saline water inundation that is located between the mean low water line and the landward edge of the stabilized natural shore or bulkhead. Such area may be used to satisfy requirements for waterfront yards, shore public walkways and planting in this Chapter.

A “Tier A street frontage” shall be any portion of the ground floor level street frontage of a zoning lot in C1 or C2 Districts, C4 through C7 Districts, or M1 Districts paired with a Residence District, that is not a Tier B or Tier C street frontage.

A “Tier B street frontage” shall be any portion of the ground floor level street frontage of a zoning lot in the special streetscape area that is located within C1 or C2 Districts, C4 through C7 Districts, or M1 Districts paired with a Residence District.

A “Tier C street frontage” shall be that portion of the ground floor level street frontage of a zoning lot along a street specifically designated as such in a Special Purpose District or other streetscape provision of this Resolution.

Tier I site

A "Tier I site" is a zoning lot or other tract of land having an average percent of slope of less than 10 percent.

Tier II site

A "Tier II site" is a zoning lot or other tract of land having an average percent of slope equal to or greater than 10 percent.

topsoil

"Topsoil" is soil containing undisturbed humus and organic matter capable of sustaining vigorous plant growth and is generally the top six inches of soil.

see motel or tourist cabin

A "trailer" is a vehicle standing on wheels or rigid supports that is used for living or sleeping purposes.

A "trailer camp" is a zoning lot or portion thereof used or designated for the use of two or more trailers.

see hotel, transient

FROM 66-11: For the purposes of this Chapter, a “transit agency” shall refer to any governmental agency with jurisdiction over the affected mass transit station.

FROM 66-11: For the purposes of this Chapter, a “transit volume” shall refer to an area of a transit-adjacent site where, pursuant to the provisions of this Chapter, a transit agency has determined transit or pedestrian circulation improvements are needed for a mass transit station. Such transit volume may be used to accommodate easement volumes or clear paths.

The “Greater Transit Zone” is the area within the boundary designated as such on the Department of City Planning’s website for its Zoning and Land Use Map (ZoLa).

Such boundary represents the area that is:

The "Inner Transit Zone is the area within the boundary designated as such under the ‘Transit Zones Parking Geographies’ layer on the Department of City Planning’s website for its Zoning and Land Use Map (ZoLa). Such boundary represents the area that is:

within the boundaries of APPENDIX I of this Resolution that includes the following Community Districts: Community Districts 1 through 3, the portion of Community District 6 northeast of Hamilton Avenue, as well as Community Districts 7 and 8 in the Borough of Brooklyn; Community Districts 9, 10 and 11 in the Borough of Manhattan; and Community Districts 1 and 2, as well as the portions of Community Districts 3 and 4 west of 83rd Street and Baxter Avenue and north of Woodside Avenue, in the Borough of Queens; and

Community Districts 1 through 3, the portion of Community District 6 northeast of Hamilton Avenue, as well as Community Districts 7 and 8 in the Borough of Brooklyn;

Community Districts 9, 10 and 11 in the Borough of Manhattan; and

Community Districts 1 and 2, as well as the portions of Community Districts 3 and 4 west of 83rd Street and Baxter Avenue and north of Woodside Avenue, in the Borough of Queens; and

In the event of a conflict between the textual description of the boundary and that on ZoLa, the text shall control.

The “Outer Transit Zone” is the area within the boundary designated as such under the ‘Transit Zones Parking Geographies’ layer on the Department of City Planning’s website for its Zoning and Land Use Map (ZoLa).

within the boundaries of APPENDIX I of this Resolution that is outside of the Inner Transit Zone; and

outside of the boundaries of APPENDIX I, that is comprised of blocks that are wholly or partially within: a quarter-mile of select mass transit stations; and a half-mile of other mass transit stations, as defined in Section 66-11 (Definitions).

a quarter-mile of select mass transit stations; and

a half-mile of other mass transit stations, as defined in Section 66-11 (Definitions).

For the purposes of this Chapter, “transit-adjacent sites” shall refer to zoning lots that are located within 50 feet of a mass transit station and located in eligible zoning districts. Transit-adjacent sites include primary transit-adjacent sites and secondary transit-adjacent sites.

The "transitional surfaces" are imaginary inclined planes extending upward and outward from the side edges of all approach surfaces, and from lines parallel to, 500 feet from, and at the same level as the center line of each runway, which:

A “transportation-infrastructure-adjacent frontage” shall refer to a street frontage that contains at least one of the following:

an elevated rail line;

an open railroad right-of-way;

a limited-access expressway, freeway, parkway or highway, all of which prohibit direct vehicular access to adjoining land; or

an elevated street located on a bridge.

tree credit

A "tree credit" is a credit for preserving an existing tree of six-inch caliper or more that is counted towards a tree preservation requirement or a credit for a newly planted tree of three-inch caliper or more that is counted towards a tree planting requirement.

A "tree credit" is a credit for preserving an existing tree of six-inch caliper or more which is counted toward a tree preservation requirement, or a credit for a newly planted tree of three-inch caliper or more which is counted toward a tree planting requirement.

A “tree credit” is a credit for preserving an existing tree or for planting a new tree which is counted towards tree requirements.

tree protection plan

A "tree protection plan" is a plan that modifies the area of no disturbance around a tree proposed for preservation while protecting and preserving the tree during construction. A tree protection plan is prepared by an arborist certified by the International Society of Arborculturists (ISA) or equivalent professional organization that includes:

A “"two-family residence” is a building containing not more than two dwelling units, and occupied by only two families. A two-family residence may additionally include an ancillary dwelling unit in the same or an ancillary building.

FROM 27-111: A “UAP development” (“Universal Affordability Preference development”) is a development or enlargement outside of a Mandatory Inclusionary Housing area that provides affordable housing or a supportive housing project that satisfies the requirements of this Chapter.

The residential floor area ratio in a UAP development may exceed that for standard residences set forth in Section 23-22 (Floor Area Regulations for R6 Through R12 Districts) only by the amount of affordable housing provided, either on the UAP zoning lot or, for UAP developments within a UAP Offsite Option Area, on a UAP site pursuant to paragraph (a) of Section 27-16 (Requirements for MIH Sites or UAP Sites).

However, UAP developments within a UAP Offsite Option Area may exceed the floor area ratios for standard residences set forth in Section 23-22 by utilizing affordable housing provided on a generating site, as such term was defined prior to December 5, 2024, at the rate set forth in Section 23-154, as such Section existed prior to December 5, 2024, provided that such generating site has vested pursuant to the provisions of Section 27-132.

An “ultra-low-energy building” shall refer to a building which complies with requirements for ultra-low-energy usage. At time of application for plan approval to the Commissioner of Buildings, materials shall be submitted demonstrating:

that such building shall comply with the requirements of Local Law 154 of 2021, as such requirements would apply to a new building where an application for the approval of construction documents is submitted to the Commissioner of Buildings after July 1, 2027;

that such building shall be designed and constructed to reduce energy use: for buildings three stories or less: such building shall be a net-zero energy building which shall produce energy onsite from renewable energy sources in an amount equal to or greater than such building’s total energy needs; or for all other buildings: energy performance that exceeds by at least 15 percent the energy performance of such a building if designed and constructed according to an approved modeling method set forth in the New York City Energy Conservation Code.

for buildings three stories or less: such building shall be a net-zero energy building which shall produce energy onsite from renewable energy sources in an amount equal to or greater than such building’s total energy needs; or

for all other buildings: energy performance that exceeds by at least 15 percent the energy performance of such a building if designed and constructed according to an approved modeling method set forth in the New York City Energy Conservation Code.

that a registered design professional has verified that the proposed design will meet the requirements of this definition; and

that plans have been prepared to conduct, as relevant: inspections, equipment commissioning, and airtightness testing during the construction phase.

No final certificate of occupancy shall be issued for such a building until a report prepared by a registered design professional has been submitted to the Commissioner of Buildings verifying that the building has completed and successfully passed the inspections, commissioning, and testing set forth in paragraph (d) of this definition.

The Department of City Planning may, by rule, update or supplement the requirements of this section exclusively for the purpose of keeping such requirements aligned with advancing technological and construction practices. Such updates may only modify the statutory reference in paragraph (a) of this definition; the specified parameters and reference standards of paragraph (b)(2) of this definition.

An unlicensed physical treatment establishment is any establishment that offers or advertises or is equipped or arranged so as to provide as part of its services, whether as a principal use or as an accessory use, massages, body rubs, alcohol rubs, baths or other similar treatment administered by a person that is not a healthcare professional licensed by the State of New York to provide such service, or under the supervision of such licensee and working in a manner allowed by the license. However, unlicensed physical treatment establishments shall not include barbershops or beauty parlors that offer massage to the scalp, the face, the neck or shoulders only.

Unlicensed physical treatment establishments shall not be permitted in any District.

upland connection

An "upland connection" is a pedestrian way which provides a public access route from the Esplanade or a shore public walkway to a public sidewalk within a public street. Required upland connections are shown in the District Plan, Map 5 (Upland Connections and Visual Corridors), in Appendix A of this Chapter.

An “upland connection” is a pedestrian way which provides a public access route from a shore public walkway to a public sidewalk within an open and accessible street, public park or other accessible public place.

An “upland lot” is the portion of a waterfront zoning lot located landward of the bulkhead line. Where a portion of the shoreline projects seaward of the bulkhead line, such land above water shall be included as part of the upland lot (see illustration of Seaward/Upland Lots).

upper street wall

“Upper street wall” is that portion of the street wall of a building that extends from the lower street wall to the maximum building height set forth for each Parcel in the Base Plane and Building Height Table in Appendix B of this Chapter, or the height of the building, whichever is less.

see plaza, urban

A "use" is:

A point on the center line of the street bounding the zoning lot and located 250 feet from the intersection of the extension of the zoning lot's far lot line with the center line of the street. (See illustration of Far Lot Line and Vantage Point)

A street bounding the zoning lot and on the center line of which a vantage point is located.

view framing line

The "view framing line" is a line or lines which establish the outer edge of the scenic view to be protected. For each scenic view, the view framing line or lines and their elevation are to be located and identified and made part of this Chapter.

view plane

A "view plane" is an imaginary plane above which no obstruction shall be permitted within a Special Scenic View District unless authorized by the City Planning Commission. Position of the view plane may be conical surfaces. Such view plane or planes are established by joining the view reference line with the view framing lines as illustrated below:

View planes and their elevation, length and slopes applicable to each Special Scenic View District are to be located and identified and made part of this Chapter.

view reference line

The "view reference line" is a line within a mapped public park or an esplanade or a mapped public place from which at any point an outstanding scenic view may be observed. A view reference line and its elevation applicable to each Special Scenic View District are to be located and identified and made part of this Chapter.

The mapped public park or an esplanade or a mapped public place in which such view reference line is located shall be directly accessible from a street.

visual corridor

A "visual corridor" is a public street or tract of land within a block that provides a direct and unobstructed view to the water from a vantage point within a public street. Required visual corridors are shown in the District Plan, Map 5 and Map 6 (Location of Visual Corridor in Subarea E) in Appendix A of this Chapter.

A “visual corridor” is a public street or open area within one or more zoning lots that provides a direct and unobstructed view to the water from a vantage point within a public street, public park or other public place.

“Water coverage” is the portion of a zoning lot seaward of the shoreline that, when viewed directly from above, would be covered by a pier, platform or floating structure, including portions of buildings or other structures projecting over the water from such structures. Water coverage shall not include docking or navigational appurtenances which may project from the aforementioned structures.

The "waterfront area" is the geographical area comprising all blocks between the pierhead line and a line 800 feet landward from the shoreline. Where such line intersects a block, the entire block shall be included and the waterfront area boundary shall coincide with the centerline of the landward boundary street or other block boundary. Notwithstanding the above, any zoning lot, the boundaries of which were established prior to November 1, 1993, and which is not closer than 1,200 feet from the shoreline at any point and which does not abut a waterfront public park, shall not be included in the waterfront area.

For the purposes of this definition, only blocks along waterways that have a minimum width of 100 feet between opposite shorelines, with no portion downstream less than 100 feet in width, shall be included within the waterfront area. However, blocks bounding the Gowanus Canal, north of Hamilton Avenue, as shown on the City Map, Dutch Kills and the portion of the Bronx River located south of the prolongation of East 172nd Street, shall be included within the waterfront area.

WATERFRONT AREA

NARROW WATERWAY EXCLUSION

A “waterfront block” or "waterfront zoning lot” is a block or zoning lot in the waterfront area having a boundary at grade coincident with or seaward of the shoreline. For the purposes of this Chapter:

However, any block or zoning lot in the waterfront area having a boundary within or coincident with the boundaries of the Gowanus Canal, as shown on the City Map, shall be a waterfront block or waterfront zoning lot, respectively.

Any zoning lot, the boundaries of which were established prior to November 1, 1993, and which is not closer than 1,200 feet from the shoreline at any point and which does not abut a public park along the waterfront, shall be deemed outside of the waterfront block.

waterfront esplanade

The "waterfront esplanade" is a pedestrian way to be provided for public use within the open space network along the Raritan Bay waterfront, as shown on the District Plan (Map 3 in Appendix A).

A “waterfront public access area” is the portion of a zoning lot improved for public access. It may include any of the following: a shore public walkway, upland connection, supplemental public access area or public access area on a pier or floating structure.

A “waterfront yard” is that portion of a waterfront zoning lot extending open and unobstructed from the lowest level to the sky along the entire length of the shoreline, stabilized natural shore, bulkhead or water edge of a platform, as applicable, for a depth or width as set forth in this Chapter.

see street, wide

see court, width of outer

A "yard" is that portion of a zoning lot extending open and unobstructed from the lowest level to the sky along the entire length of a lot line, and from the lot line for a depth or width set forth in the applicable district yard regulations.

Where a street setback line is shown on the City Map the yard extends along the entire length of the street setback line, and from the street setback line for a depth or width set forth in the applicable district yard regulations.

A "rear yard equivalent" is an open area which may be required on a through lot as an alternative to a required rear yard.

A "front yard line" is a line drawn parallel to a front lot line at a distance therefrom equal to the depth of a required front yard.

A "front yard" is a yard extending along the full length of a front lot line.

In the case of a corner lot, any yard extending along the full length of a street line shall be considered a front yard.

A "rear yard" is a yard extending for the full length of a rear lot line.

A "side yard" is a yard extending along a side lot line from the required front yard (or from the front lot line if no front yard is required) to the required rear yard (or to the rear lot line, if no rear yard is required). In the case of a corner lot, any yard which is not a front yard shall be considered a side yard.

A “zero lot line building” is a building that abuts only one side lot line and does not abut another building on the same or an adjoining zoning lot and which is surrounded on all sides but one by yards, other open area or street lines on the zoning lot. However, accessory buildings permitted pursuant to Section 23-341 (Permitted obstructions in required yards or rear yard equivalents) may be permitted to abut a zero lot line building on an adjoining zoning lot.

"Zone A," "Zone B" and "Zone C" are zones on an encroachment grid defined as follows:

A "zoning lot" is either:

A zoning lot may be subdivided into two or more zoning lots, provided that all resulting zoning lots and all buildings thereon shall comply with all of the applicable provisions of this Resolution. If such zoning lot, however, is occupied by a non-complying building, such zoning lot may be subdivided provided such subdivision does not create a new non-compliance or increase the degree of non-compliance of such building.

Where ownership of a zoning lot or portion thereof was effected prior to the effective date of this amendment, as evidenced by an attorney's affidavit, any development, enlargement or alteration on such zoning lot may be based upon such prior effected ownership as then defined in the zoning lot definition of Section 12-10. Such prior leasehold agreements shall be duly recorded prior to August 1, 1978.

Prior to the issuance of any permit for a development or enlargement pursuant to this Resolution a complete metes and bounds of the zoning lot, the tax lot number, the block number and the ownership of the zoning lot as set forth in paragraphs (a), (b), (c) and (d) herein shall be recorded by the applicant in the Conveyances Section of the Office of the City Register (or, if applicable, the County Clerk's Office) of the county in which the said zoning lot is located. The zoning lot definition in effect prior to the effective date of this amendment shall continue to apply to Board of Standards and Appeals approvals in effect at the effective date hereof.

"Zoning maps" are the maps incorporated into the provisions of this Resolution in accordance with the provisions of Section 11-14 (Incorporation of Maps).