§ 24-04 Applicability of Article II, Chapter 3 Regulations
ZR § 24-04
For community facility buildings or buildings used partly for community facility use and partly for residential use, the following regulations shall apply with regard to the applicability of certain bulk regulations from Article II, Chapter 3.
All bulk regulations In all districts, the bulk regulations of Article II, Chapter 3 (Residential Bulk Regulations in Residence Districts) for qualifying affordable housing may be applied to buildings subject to an affordable housing regulatory agreement if qualifying affordable housing includes community facility uses. In R3-1, R3A, R3X, R4-1, R4A, R4B or R5B Districts, the bulk regulations of this Chapter shall apply only to a zoning lot or portion of a zoning lot that contains a community facility building, and the bulk regulations of Article II, Chapter 3 (Residential Bulk Regulations in Residence Districts) shall apply to any zoning lot or portion of a zoning lot that contains any building that is used partly for community facility use and partly for residential use. In such districts, the bulk regulations of this Chapter may apply to the community facility portion of a building that is used partly for community facility use and partly for residential use only where: such community facility use has received tax-exempt status from the New York City Department of Finance, or its successor, pursuant to Section 420 of the New York State Real Property Tax Law; or such building has received an authorization pursuant to Section 24-06 (Modification of Bulk Regulations in Certain Districts).
In all districts, the bulk regulations of Article II, Chapter 3 (Residential Bulk Regulations in Residence Districts) for qualifying affordable housing may be applied to buildings subject to an affordable housing regulatory agreement if qualifying affordable housing includes community facility uses.
In R3-1, R3A, R3X, R4-1, R4A, R4B or R5B Districts, the bulk regulations of this Chapter shall apply only to a zoning lot or portion of a zoning lot that contains a community facility building, and the bulk regulations of Article II, Chapter 3 (Residential Bulk Regulations in Residence Districts) shall apply to any zoning lot or portion of a zoning lot that contains any building that is used partly for community facility use and partly for residential use. In such districts, the bulk regulations of this Chapter may apply to the community facility portion of a building that is used partly for community facility use and partly for residential use only where: such community facility use has received tax-exempt status from the New York City Department of Finance, or its successor, pursuant to Section 420 of the New York State Real Property Tax Law; or such building has received an authorization pursuant to Section 24-06 (Modification of Bulk Regulations in Certain Districts).
such community facility use has received tax-exempt status from the New York City Department of Finance, or its successor, pursuant to Section 420 of the New York State Real Property Tax Law; or
such building has received an authorization pursuant to Section 24-06 (Modification of Bulk Regulations in Certain Districts).
Height and setback In R6 through R12 Districts with a letter suffix, the height and setback regulations of Section 23-43 (Height and Setback Requirements in R6 Through R12 Districts), inclusive, shall be applied to all buildings in accordance with the applicable Residence District regulations. In all other Residence Districts, the residential height and setback regulations may be applied as follows: the height and setback regulations of Section 23-42 (Height and Setback Requirements in R1 Through R5 Districts), inclusive, may be applied in accordance with the applicable Residence District regulations; the height and setback regulations of Section 23-43, inclusive, may be applied in accordance with the applicable Residence District regulations. However, for Districts subject to the street wall location requirements of paragraph (b) of Section 23-431, such regulations need not apply to houses of worship listed under Use Group III(B). Any obstructions permitted to penetrate a maximum height limit pursuant to Section 23-41 (Permitted Obstructions), inclusive, shall also be permitted in addition to those set forth in Section 24-51 (Permitted Obstructions).
In R6 through R12 Districts with a letter suffix, the height and setback regulations of Section 23-43 (Height and Setback Requirements in R6 Through R12 Districts), inclusive, shall be applied to all buildings in accordance with the applicable Residence District regulations.
In all other Residence Districts, the residential height and setback regulations may be applied as follows: the height and setback regulations of Section 23-42 (Height and Setback Requirements in R1 Through R5 Districts), inclusive, may be applied in accordance with the applicable Residence District regulations; the height and setback regulations of Section 23-43, inclusive, may be applied in accordance with the applicable Residence District regulations. However, for Districts subject to the street wall location requirements of paragraph (b) of Section 23-431, such regulations need not apply to houses of worship listed under Use Group III(B). Any obstructions permitted to penetrate a maximum height limit pursuant to Section 23-41 (Permitted Obstructions), inclusive, shall also be permitted in addition to those set forth in Section 24-51 (Permitted Obstructions).
the height and setback regulations of Section 23-42 (Height and Setback Requirements in R1 Through R5 Districts), inclusive, may be applied in accordance with the applicable Residence District regulations;
the height and setback regulations of Section 23-43, inclusive, may be applied in accordance with the applicable Residence District regulations. However, for Districts subject to the street wall location requirements of paragraph (b) of Section 23-431, such regulations need not apply to houses of worship listed under Use Group III(B). Any obstructions permitted to penetrate a maximum height limit pursuant to Section 23-41 (Permitted Obstructions), inclusive, shall also be permitted in addition to those set forth in Section 24-51 (Permitted Obstructions).
Other bulk regulations Where the height and setback regulations of Article II, Chapter 3 are applied, the following residential bulk regulations may also be applied to the entire building: the yard regulations of Section 23-30, inclusive, applicable to a multiple dwelling residence; the maximum lot coverage requirements of Section 23-36, inclusive; and for community facility uses with sleeping accommodations: the special floor area allowances of Section 23-23, inclusive; the court regulations of Section 23-35, inclusive; and the distance between buildings and distance between legally required windows and lot lines regulations of Section 23-37.
the yard regulations of Section 23-30, inclusive, applicable to a multiple dwelling residence;
the maximum lot coverage requirements of Section 23-36, inclusive; and
for community facility uses with sleeping accommodations: the special floor area allowances of Section 23-23, inclusive; the court regulations of Section 23-35, inclusive; and the distance between buildings and distance between legally required windows and lot lines regulations of Section 23-37.
the special floor area allowances of Section 23-23, inclusive;
the court regulations of Section 23-35, inclusive; and
the distance between buildings and distance between legally required windows and lot lines regulations of Section 23-37.
Any obstructions permitted within a specific open area pursuant to Section 23-30, inclusive, shall also be permitted.
Where a particular bulk regulation of Article II, Chapter 3 is applied, it shall supersede the applicable regulations of Article II, Chapter 4.
For the purposes of applying such bulk provisions, 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.
