NYC Zoning Resolution

§ 123-623 — Maximum floor area ratio for zoning lots containing mixed use buildings

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What is NYC ZR § 123-623?

Quick Answer

This section establishes the maximum floor area ratio for mixed use buildings, detailing specific ratios for manufacturing, commercial, community facility, and residential uses based on district designations. The statute also addresses floor area bonuses for public plazas or arcades. Applies to building owners of mixed use properties.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 123-623 Maximum floor area ratio for zoning lots containing mixed use buildings

ZR § 123-623

For zoning lots containing mixed use buildings, the following provisions shall apply.

Maximum floor area ratio Manufacturing or commercial usesThe maximum floor area ratio permitted for manufacturing or commercial uses shall be the applicable maximum floor area ratio permitted for manufacturing or commercial uses under the provisions of Section 43-12, in accordance with the designated M1 District. Community facility usesThe maximum floor area ratio permitted for community facility uses shall be the applicable maximum floor area ratio permitted for community facility uses in Residence Districts under the provisions of Section 24-10 (FLOOR AREA AND LOT COVERAGE REGULATIONS), inclusive, in accordance with the designated Residence District. Residential usesThe maximum floor area ratio permitted for residential uses shall be the maximum floor area ratio permitted in Section 123-622 (Maximum floor area ratio for zoning lots containing only residential buildings). Maximum floor area in mixed use buildingsThe maximum total floor area in a mixed use building shall be the maximum floor area permitted for either the commercial, manufacturing, community facility or residential use, as set forth in this Section, whichever permits the greatest amount of floor area.However, where the Residence District designation is an R3, R4 or R5 District, the maximum total floor area in a mixed use building shall be the greater of the maximum floor area ratio for non-residential uses permitted by the designated M1 District, or the following floor area ratios: for qualifying residential sites within the Greater Transit Zone, 2.50; for qualifying residential sites outside the Greater Transit Zone: 1.50 for R3 Districts; 2.00 for R4 Districts; and 2.50 for R5 Districts.

Manufacturing or commercial usesThe maximum floor area ratio permitted for manufacturing or commercial uses shall be the applicable maximum floor area ratio permitted for manufacturing or commercial uses under the provisions of Section 43-12, in accordance with the designated M1 District.

Community facility usesThe maximum floor area ratio permitted for community facility uses shall be the applicable maximum floor area ratio permitted for community facility uses in Residence Districts under the provisions of Section 24-10 (FLOOR AREA AND LOT COVERAGE REGULATIONS), inclusive, in accordance with the designated Residence District.

Residential usesThe maximum floor area ratio permitted for residential uses shall be the maximum floor area ratio permitted in Section 123-622 (Maximum floor area ratio for zoning lots containing only residential buildings).

Maximum floor area in mixed use buildingsThe maximum total floor area in a mixed use building shall be the maximum floor area permitted for either the commercial, manufacturing, community facility or residential use, as set forth in this Section, whichever permits the greatest amount of floor area.However, where the Residence District designation is an R3, R4 or R5 District, the maximum total floor area in a mixed use building shall be the greater of the maximum floor area ratio for non-residential uses permitted by the designated M1 District, or the following floor area ratios: for qualifying residential sites within the Greater Transit Zone, 2.50; for qualifying residential sites outside the Greater Transit Zone: 1.50 for R3 Districts; 2.00 for R4 Districts; and 2.50 for R5 Districts.

for qualifying residential sites within the Greater Transit Zone, 2.50;

for qualifying residential sites outside the Greater Transit Zone: 1.50 for R3 Districts; 2.00 for R4 Districts; and 2.50 for R5 Districts.

1.50 for R3 Districts;

2.00 for R4 Districts; and

2.50 for R5 Districts.

Floor area bonus for a public plaza or arcadeAny floor area bonus for a public plaza or arcade, permitted under the applicable district regulations, shall apply to a zoning lot containing a mixed use building, provided that any given public plaza or arcade shall be counted only once in determining a bonus.However, on waterfront blocks, as defined in Section 62-11, floor area bonuses for a public plaza or arcade shall not apply.

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