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What is NYC ZR § 33-03?

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This section outlines the applicability of height and setback regulations for commercial and community facility buildings in specific zoning districts. It details how regulations from Article II, Chapter 3 are applied based on the residential equivalents of commercial districts. Applies to building owners of commercial and community facility properties.

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§ 33-03 Applicability of Article II, Chapter 3 Regulations

ZR § 33-03

For commercial buildings, community facility buildings or buildings used partly for commercial use and partly for community facility use, the following regulations shall apply with regard to the applicability of certain bulk regulations from Article II, Chapter 3.

Height and setback In Commercial Districts mapped within, or with a residential equivalent of an R6 through R12 District 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, as modified by the provisions of Section 35-60 (MODIFICATION OF HEIGHT AND SETBACK REGULATIONS), inclusive. In all other Commercial 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 to Commercial Districts mapped within, or with a residential equivalent of an R1 through R5 District, in accordance with the applicable Residence District regulations, as modified by the provisions of Section 35-60, inclusive. The height and setback regulations of Section 23-43 (Height and Setback Requirements in R6 Through R12 Districts), inclusive, may be applied to Commercial Districts mapped within, or with a residential equivalent of an R6 through R12 District without a letter suffix, in accordance with the applicable Residence District regulations, as modified by the provisions of Section 35-60, inclusive.

In Commercial Districts mapped within, or with a residential equivalent of an R6 through R12 District 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, as modified by the provisions of Section 35-60 (MODIFICATION OF HEIGHT AND SETBACK REGULATIONS), inclusive.

In all other Commercial 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 to Commercial Districts mapped within, or with a residential equivalent of an R1 through R5 District, in accordance with the applicable Residence District regulations, as modified by the provisions of Section 35-60, inclusive. The height and setback regulations of Section 23-43 (Height and Setback Requirements in R6 Through R12 Districts), inclusive, may be applied to Commercial Districts mapped within, or with a residential equivalent of an R6 through R12 District without a letter suffix, in accordance with the applicable Residence District regulations, as modified by the provisions of Section 35-60, inclusive.

The height and setback regulations of Section 23-42 (Height and Setback Requirements in R1 Through R5 Districts), inclusive, may be applied to Commercial Districts mapped within, or with a residential equivalent of an R1 through R5 District, in accordance with the applicable Residence District regulations, as modified by the provisions of Section 35-60, inclusive.

The height and setback regulations of Section 23-43 (Height and Setback Requirements in R6 Through R12 Districts), inclusive, may be applied to Commercial Districts mapped within, or with a residential equivalent of an R6 through R12 District without a letter suffix, in accordance with the applicable Residence District regulations, as modified by the provisions of Section 35-60, inclusive.

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 rear yard, rear yard equivalent and open area along side lot line requirements of Section 23-30, inclusive, applicable to a multiple dwelling residence; and for community facility uses with sleeping accommodations: the special floor area allowances of Section 23-23 (Special Floor Area Provisions for Multiple Dwelling Residences), inclusive; the court regulations of Section 23-35 (Court Regulations), inclusive; and the distance between buildings and distance between legally required windows and lot lines regulations of Section 23-37 (Other Open Area Regulations). Any obstructions permitted within a specific open area pursuant to Section 23-30 (YARDS, COURTS AND OTHER OPEN AREA REGULATIONS), 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 III, Chapter 3. 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.

the rear yard, rear yard equivalent and open area along side lot line requirements of Section 23-30, inclusive, applicable to a multiple dwelling residence; and

for community facility uses with sleeping accommodations: the special floor area allowances of Section 23-23 (Special Floor Area Provisions for Multiple Dwelling Residences), inclusive; the court regulations of Section 23-35 (Court Regulations), inclusive; and the distance between buildings and distance between legally required windows and lot lines regulations of Section 23-37 (Other Open Area Regulations). Any obstructions permitted within a specific open area pursuant to Section 23-30 (YARDS, COURTS AND OTHER OPEN AREA REGULATIONS), 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 III, Chapter 3. 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.

the special floor area allowances of Section 23-23 (Special Floor Area Provisions for Multiple Dwelling Residences), inclusive;

the court regulations of Section 23-35 (Court Regulations), inclusive; and

the distance between buildings and distance between legally required windows and lot lines regulations of Section 23-37 (Other Open Area Regulations). Any obstructions permitted within a specific open area pursuant to Section 23-30 (YARDS, COURTS AND OTHER OPEN AREA REGULATIONS), 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 III, Chapter 3. 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.

Any obstructions permitted within a specific open area pursuant to Section 23-30 (YARDS, COURTS AND OTHER OPEN AREA REGULATIONS), 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 III, Chapter 3. 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.

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