§ 105-08 Ancillary Dwelling Units Outside the Temporary Residence Program Associated with a Single- or Two-Family Residence.
RCNY § 105-08
(a)Scope. This rule establishes requirements for the occupancy and use of all ancillary dwelling units (“ADU”) not enrolled in the Temporary Residence Program covered in Article 507 of Title 28 of the New York City Administrative Code (“Administrative Code”) and that are associated with a single- or two-family residence.
(b)Definitions. For the purposes of this section, the following terms have the following meanings: ADU. An “ancillary dwelling unit” as defined in § 12-10 of the New York City Zoning Resolution (“Zoning Resolution”). Alt-CO. An application for alteration permit pursuant to Article 105 of Title 28 of the Administrative Code leading to a new or amended certificate of occupancy issued pursuant to Article 118 of Title 28 of the Administrative Code. Building Code. The New York City Building Code. CO. A certificate of occupancy issued pursuant to Article 118 of Title 28 of the Administrative Code. TCO. A temporary CO issued pursuant to Article 118 of Title 28 of the Administrative Code.
(c)References. Appendix U of the Building Code, Chapter 10 of the Building Code and the Zoning Resolution.
(d)Eligibility. An ADU must comply with the Zoning Resolution and paragraphs (1) through (4) of this subdivision.
(1)No more than one ADU per single- or two-family residence is permitted on the same zoning lot.
(2)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 accordance with subdivision (f) of the definition of ancillary dwelling unit in § 12-10 of the Zoning Resolution. The department may require submission of the same evidence of primary residence as required in 19 RCNY § 46-03.
(3)In accordance with section U202.3 of the Building Code, no ADUs may be permitted in a basement or cellar where the portion of the tax lot containing an ADU constructed in accordance with Appendix U of the Building Code is located within the special flood hazard area, 10-year rainfall flood risk area, or costal flood risk area. These prohibited areas are set out as follows: (i) Special flood hazard area: Defined in section 202 of the Building Code.
(ii)10-year rainfall flood risk area: Set out in the map established by the New York City Department of Environmental Protection in accordance with section 24-809 of the Administrative Code and Chapter 66 of Title 15 of the Rules of the City of New York.
(iii)Coastal flood risk area: Set out in the map established by Department of Environmental Protection in accordance with § 24-809 of the Administrative Code and 15 RCNY Chapter 66.
(4)An ADU may be permitted to be constructed in the basement or cellar in conjunction with the erection of a single-family residence, if all of the following conditions are met: (i) Such ADU is permitted by the Zoning Resolution, and the entire tax lot is outside the prohibited area set forth in this paragraph (3) of this subdivision.
(iv)Both the ADU and the primary dwelling unit must be classified as Group R-3 occupancy and must comply with all applicable requirements of a two-family residence and Group R-3 occupancy in the New York City Construction Codes, New York City Fire Code and Housing Maintenance Code.
(v)Such ADU must be indicated as “ADU Apartment U” in the CO.
(vi)The application and the comment of the CO must indicate that the “Ancillary Dwelling Unit is being constructed in accordance with § 12-10 of the Zoning Resolution and 1 RCNY 105-08(d)(4).
(vii)For ADUs located in the cellar, all of the following requirements apply: (A) Cellar ADUs must be provided with two independent means of egress in accordance with Chapter 10 of the Building Code. (B) Cellar ADUs must be provided with an automatic sprinkler system throughout the ADU in accordance with NFPA 13D as modified by Appendix Q of the Building Code. A building that consists of three stories or more and a cellar ADU must be sprinklered in its entirety in accordance with section 903.2.8 of the Building Code. (C) Any yards, courts or other open spaces required by the Zoning Resolution must be no higher than 6 inches below the windowsill of any required window in any room of such cellar ADU. (D) Applications for the construction of an ADU in a cellar may not be submitted unless and until § 27-2087 of the Housing Maintenance Code provides for such occupancy in cellars. Except for sections U202.8, U202.9, U202.10 and U202.11, the provisions of Appendix U of the Building Code do not apply to an ADU constructed pursuant to this paragraph (4).
(e)Application. All ADU applications must be filed under the house number assigned by the Topographical Bureau of the appropriate Borough President’s office.
(i)Detached ADUs constructed in accordance with section U204 of the Building Code.
(f)Technical requirements.
