NYC Resources 311 Office of the Mayor
 
RSS RSS
Flickr Flickr
Follow @NYCPlanning on Twitter Twitter
  SEARCH  
City Planning:

 

Take me to...
Commission Meetings
Commission Reports
Census FactFinder
LUCATS - Land Use
Application Tracking
ZoLa - Zoning and Land Use Application
Community Portal
BluePRint
Waterfront Access Map
Zoning Map Finder
Map & Bookstore
Job Opportunities
Press Releases
DCP Site Map
Contact DCP

 

Click Once to Submit Query

 

Translate this page
 

Projects & Proposals > Citywide > Key Terms Clarification

Printer Friendly Version
Key Terms Clarification Text Amendment
Changes Resulting from New Definition of “Building”
<< Return to Previous Page

The following zoning regulations do not work as intended when there are two or more abutting buildings on a single zoning lot. The proposed change in the definition of “building” allows these rules to work as intended, so that the rules apply to structurally separate buildings instead of collectively to all abutting buildings on a zoning lot.

Location of Uses. Commercial uses are only permitted below the lowest residential use in the building. This regulation was intended to prevent conflicts between residential and commercial uses in the same building. In accordance with the current definition of “building,” where two buildings are adjacent on a single zoning lot, a commercial use located on an upper floor in one building could prevent the creation of residences on stories next to and below that floor in the adjacent building. The new definition of “building” will clarify that separate abutting buildings on the same zoning lot have no effect upon each other regarding location of residential uses above commercial uses. This amendment is considered a clarification, as it is consistent with current practice at the Department of Buildings. (Section 32-42)

The Sliver Rule was intended to prevent narrow buildings that are taller than adjacent buildings. The Sliver Rule states that a Quality Housing building wider than 45 feet at the maximum base height may be exempt from the height restrictions of the Sliver Rule. In accordance with the current definition of “building,” a narrow Quality Housing building that abuts an existing building on the same zoning lot may utilize the width at the base height of such adjacent building to qualify for the exemption from the Sliver Rule and thus may add narrow stories above the base. This is contrary to the intent of the Sliver Rule, and will be corrected. As a result of the amended definition of “building,” the Sliver Rule will apply to each building separately. Therefore, narrow Quality Housing buildings will no longer be exempt from the Sliver Rule. (Sections 23-692 and 33-492)

The Dormer Rule was intended to allow modest projections above the maximum base height to encourage building articulation. Currently, dormers are calculated based on a permitted percentage of the width of a “building.” Because of the current definition of “building,” the width of a building includes the width of adjacent buildings on the same zoning lot, consequently allowing large portions of buildings to project above the maximum base height. This proposal corrects this by defining “buildings” separately from one another on a zoning lot and establishes that dormers will be calculated based on individual buildings even if there are multiple abutting buildings on a zoning lot. The size and height of dormers will be related to the width of each separate building. (Sections 23-621(c) and 35-24 (a))

Recess Rules are intended to allow street wall articulation in building façades while maintaining street wall continuity. Recesses are calculated based on a permitted percentage of the width of a street wall. Because the width of a street wall includes abutting buildings on the same zoning lot, a new building may be entirely recessed, resulting in no street wall articulation and a lack of street wall continuity. This amendment establishes that recesses will be calculated based on individual buildings. Therefore, abutting buildings on a zoning lot will no longer qualify as contributing to building width, resulting in recesses that relate in size to the width of each separate building. (Sections 23-633(a) and 35-24(b))

Building Types – Detached, Semi-detached, Attached. Currently, a “detached building” may consist of a group of row houses on a zoning lot that has two side yards. The proposed definition of “building” will identify each row house as a separate building, and therefore each building is identifiable as an “attached” building, where the end unit is currently considered semi-detached. The definition of “attached building” has been modified to include the end unit in a row of attached buildings. The definition of “semi-detached building” has been modified to explicitly state that it may abut only one other building, other than an “attached building,” so that semi-detached buildings may only come in pairs. These definitions more closely match the commonly understood use of the terms, and more closely match the intent of other regulations in the Zoning Resolution. (Section 12-10)

New buildings will no longer be considered enlargements. The current definition of “building” allows a new building that abuts other buildings on a zoning lot to be considered an “enlargement.”  With the new definition of “building,” every new building will be considered a “development.” Because requirements for providing waterfront public access areas and street trees are based on developments of any size and enlargements up to a certain size, some new buildings that currently would not be required to provide these amenities will be required to do so under the proposal. (Sections 12-10, 23-03, 33-03, 43-02, 62-52)

 

 

<< Return to Previous Page
Copyright 2014 The City of New York Contact Us Privacy Policy Terms of Use