24-04 - Applicability of Article II, Chapter 3 Regulations

LAST AMENDED
12/5/2024

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.

(a)    All #bulk# regulations

       (1)    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#.

       (2)    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:

               (i)   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

              (ii)   such #building# has received an authorization pursuant to Section 24-06 (Modification of Bulk
                     Regulations in Certain Districts).

(b)    Height and setback

       (1)    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.

       (2)    In all other #Residence Districts#, the #residential# height and setback regulations may be applied as follows:
               (i)    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;

              (ii)    the height and setback regulations of Section 23-43, inclusive, may be applied in accordance with the
                      applicable #Residence District# regulations.

(c)    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#:

       (1)    the #yard# regulations of Section 23-30, inclusive, applicable to a #multiple dwelling residence#;

       (2)    the maximum #lot coverage# requirements of Section 23-36, inclusive; and

       (3)    for #community facility# #uses# with sleeping accommodations:

               (i)    the special #floor area# allowances of Section 23-23, inclusive;

              (ii)    the #court# regulations of Section 23-35, inclusive; and

              (iii)   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.