NYC Zoning What Can I Build? TEXT SLIDE

EXISTING CONDITIONS Tower on a Base C1-9 Zoning District Example Lot 1: Existing 6 Story Tenement: has an FAR of 4.0 when 12.0 is available as of right. Lot 2: Development Site: Existing one story commercial building to be demolished. Quality housing introduced a parallel set of rules relative to Height Factor. ZR 35-31, 23-15 & 23-90 (Inclusionary housing) C1-9 Zoning District Example

Tower regulations Towers = 25% lot coverage 1916 Resolution Tower regulations Towers = 25% lot coverage 25% of lot area could penetrate sky exposure plane GE building, 1931 The San Remo

Bulk Regulations 1961 Resolution Introduced Height Factor Zoning to implement tower-in-the-park model Established floor area ratio (FAR) in all districts Varied FAR by district and by open space Maintained sky exposure plane (but varied heights by district) Limited locations where towers were permitted and increase lot coverage (from 25% to 40%) Created incentives to provide community facilities and to create plazas (a la Seagrams) Union Carbide building - 1961

‘Height Factor’ Zoning 1961 Resolution ‘Height Factor’ Zoning Regulated shape of buildings in R6 through R9, mid to high density districts Existing configuration Towers in the Park concept

Issues with 1961 Resolution Height factor buildings, when applied to neighborhoods with existing buildings, were severely out of context

Issues with 1961 Resolution While many developers were eager to take advantage of plaza bonuses, there were no minimum standards to ensure their utility

What are “contextual” building envelopes? 1961 Resolution What are “contextual” building envelopes? Maximum height Established in 1987 to promote housing that fit better within neighborhoods than the previous “tower-in-the-park” model Required in contextual zoning districts Optional in non-contextual districts No sliding scale FARs Generally establishes Street wall locations Maximum base heights Minimum upper story setbacks Maximum building heights Base height with setback Street wall TEXT SLIDE

Quality Housing Program 1961 Resolution Quality Housing Program Quality Housing is mandatory in contextual R6-R10 districts Quality housing introduced a parallel set of rules relative to Height Factor. Height Factor Zoning Quality Housing Program Quality Housing is mandatory in contextual R6 – R10 zoning districts; optional in other R6 – R10 districts

CONTEXTUAL ZONING Tower-on-a-base 1961 Resolution While most Manhattan mid-blocks were zoned to R8B contextual districts, the avenues, which were parallel to subway lines, often remained R10 1984 introduced contextual zoning (height regulations) 1987 introduced quality housing: Street tree Size of dwelling unit Double glazed windows Refuse storage and disposal (enclosed) Recreation room Day light in corridor Planting areas Laundry facilities Street wall continuity Civitas’ The ABC of Zoning Upper East Side/ East Harlem Guide

CONTEXTUAL ZONING Tower-on-a-base 1961 Resolution Using zoning lot mergers, residential plazas or Inclusionary Housing, or a combination thereof, one could create a substantial tower that could rise shear from grade on Manhattan Avenues 1984 introduced contextual zoning (height regulations) 1987 introduced quality housing: Street tree Size of dwelling unit Double glazed windows Refuse storage and disposal (enclosed) Recreation room Day light in corridor Planting areas Laundry facilities Street wall continuity Civitas’ The ABC of Zoning Upper East Side/ East Harlem Guide

CONTEXTUAL ZONING Tower-on-a-base 1961 Resolution This resulted in tall towers that often were out of context with the residential fabric and deleterious to the pedestrian experience 1984 introduced contextual zoning (height regulations) 1987 introduced quality housing: Street tree Size of dwelling unit Double glazed windows Refuse storage and disposal (enclosed) Recreation room Day light in corridor Planting areas Laundry facilities Street wall continuity

CONTEXTUAL ZONING Tower-on-a-base 1961 Resolution To combat this, tower-on-a-base was established in 1994. Tower-on-a-base: Is mandatory if constructing a tower on wide streets in R9/R10 districts or in C1 or C2 districts with a R9/R10 residential equivalent Requires street wall of 60-85’ (ends potential for plazas) Establishes min and max tower lot coverage (30-40%) to limit mergers Has ‘packing-the-bulk’ rules to limit overall height (55% of FAR has to be located below a height of 150’) 1984 introduced contextual zoning (height regulations) 1987 introduced quality housing: Street tree Size of dwelling unit Double glazed windows Refuse storage and disposal (enclosed) Recreation room Day light in corridor Planting areas Laundry facilities Street wall continuity

C1-9 Zoning District Example NYC Department of City Planning Zoning Division

EXAMPLE Tower on a Base C1-9 Zoning District Example C1-9 Districts mapped in the Upper East Side, Community District 8 (Zoning Map 8c) Quality housing introduced a parallel set of rules relative to Height Factor. Mixed-Use Building Use: ZR 32-00 Bulk: 35-00 C1-9 Zoning District Example

EXISTING CONDITIONS Tower on a Base C1-9 Zoning District Example Lot 1: Existing 6 Story Tenement: has an FAR of 4.0 when 12.0 is available as of right. Lot 2: Development Site: Existing one story commercial building to be demolished. Quality housing introduced a parallel set of rules relative to Height Factor. ZR 35-31, 23-15 & 23-90 (Inclusionary housing) C1-9 Zoning District Example

DEVELOPMENT POTENTIAL Tower on a Base Two Corner lots combined with a zoning lot merger in order to take advantage of one site’s unused FAR Quality housing introduced a parallel set of rules relative to Height Factor. C1-9 Zoning District Example

PERMITTED USES: Tower on a Base C1-9 Zoning District Example Commercial Tower on a Base The C1-9 District permits Commercial Uses an FAR of 2.0, or up to two floors with 100% lot coverage. ZR 33-122 Non-Residential Uses shall not occupy more than the two stories in a mixed building. ZR 32-421 Quality housing introduced a parallel set of rules relative to Height Factor. C1-9 Zoning District Example

PERMITTED USES: Tower on a Base C1-9 Zoning District Example Community Facility Tower on a Base The C1-9 District permits Community Facility uses a maximum FAR of 10.0 ZR 33-123 Quality housing introduced a parallel set of rules relative to Height Factor. C1-9 Zoning District Example

PERMITTED USES: Tower on a Base C1-9 Zoning District Example Residential Tower on a Base Residential Use may be used to utilize the remaining FAR, subject to bulk regulations. Quality housing introduced a parallel set of rules relative to Height Factor. C1-9 Zoning District Example

BULK REGULATIONS Tower on a Base C1-9 Zoning District Example No Maximum Lot Coverage No Yards required on corner lots ZR 23-541 Multiple Dwelling Law requires each dwelling unit to have legally required windows. Legally required windows must face street or an open area of the zoning lot 30’ wide. ZR 23-861 Inner court min area of 1200 SF with minimum dimension of 30’. ZR 23-85 Quality housing introduced a parallel set of rules relative to Height Factor. C1-9 Zoning District Example Plan View

HEIGHT & SETBACK: Tower on a Base C1-9 Zoning District Example Building Base Regulations Tower on a Base To comply with tower on a base regulations, the street wall of the base must be on a street line & rise between 60’-85’ ZR 35-64 & 23-651 (b)(2)(i) Where an adjacent building above 60’ exists, the new development must match the height for at least 20’ ZR 35-64 & 23-651 (b)(2)(i)(a) Quality housing introduced a parallel set of rules relative to Height Factor. C1-9 Zoning District Example

HEIGHT & SETBACK: Tower on a Base C1-9 Zoning District Example Tower Regulations Tower on a Base Portions of building exceeding the maximum base height are subject to tower regulations. Street wall must be setback 10’ along wide streets and 15’ along narrow streets. ZR 23-651 (a)(4) 15’ 10’ Quality housing introduced a parallel set of rules relative to Height Factor. C1-9 Zoning District Example

HEIGHT & SETBACK: Tower on a Base C1-9 Zoning District Example Special Tower Controls Tower on a Base Towers must also conform to a minimum lot coverage, based on the lot size. ZR 23-651 (a)(1) In addition, this percentage of lot coverage controls the percentage of the total building floor area which must be below 150’. ZR 23-651 (a)(3) Quality housing introduced a parallel set of rules relative to Height Factor. C1-9 Zoning District Example AXO shows a tower with a lot coverage of 31% AXO shows 60% of the 12 FAR below 150’

HEIGHT & SETBACK: Tower on a Base C1-9 Zoning District Example Transfer of Development Rights Tower on a Base Through the zoning lot merger, the existing tenement building may Transfer the Development Rights of unused floor area to the adjacent new development. Quality housing introduced a parallel set of rules relative to Height Factor. C1-9 Zoning District Example AXO shows 48,000 SF of floor area available for TDR

INCLUSIONARY HOUSING Tower on a Base C1-9 Zoning District Example Through the Inclusionary Housing bonus, developers may increase their FAR by 20% ZR 23-154 Tower –on-a-base regulations allow the top 4 stories to cover less than 30% of the lot area for articulation. ZR 23-651 (a)(1) Quality housing introduced a parallel set of rules relative to Height Factor. C1-9 Zoning District Example

INCLUSIONARY HOUSING Tower on a Base R10 Program Expanded Program How much is Affordable? Approximately 4-5% of floor area in the building using the bonus. 20% of floor area of the building using the bonus. (In some special districts, where higher incomes may be targeted, the minimum is 20-30%.) Who Pays? Proceeds from additional floor area cover costs of affordable housing. Only minimal sources of public subsidy permitted. Affordable units can be created using any City, State or Federal subsidy programs How Affordable? To households earning less than 80% of AMI. To households earning less than 80% of AMI. (In some districts, option for a portion of units to go up to 125% or 175% of AMI.) Quality housing introduced a parallel set of rules relative to Height Factor. C1-9 Zoning District Example

PARKING Tower on a Base C1-9 Zoning District Example Accessory off street parking spaces are not required in Manhattan Community Districts 1-8 and cannot exceed 35% of the Dwelling Units or 200 spaces, whichever is less. ZR 13-11 Quality housing introduced a parallel set of rules relative to Height Factor. C1-9 Zoning District Example

DENSITY Tower on a Base C1-9 Zoning District Example Density: To calculate the maximum number of dwelling units permitted on a zoning lot, multiply the Lot Area by the Max Residential FAR and divide by the applicable factor for the zoning district ZR 23-22 Density = (20,000sf lot size *12 FAR) = 240,000 SF -20,000 SF GF Commercial -12,000 CF Use =208,000 SF 208,000/680= 305 units Quality housing introduced a parallel set of rules relative to Height Factor. C1-9 Zoning District Example

GROUND FLOOR Tower on a Base C1-9 Zoning District Example Retail Continuity: 50 % of the front building wall shall be occupied by commercial uses if the front building wall is at least 50’ in length. ZR 32-435 Glazing : 50 % of the total surface area between the 2’ and 12’ above curb level shall be transparent. ZR 37-34 Quality housing introduced a parallel set of rules relative to Height Factor. C1-9 Zoning District Example

STREETSCAPE Tower on a Base C1-9 Zoning District Example Street Tree Planting at an interval of one tree per 25’ of street frontage ZR 32-435 (26-41) Quality housing introduced a parallel set of rules relative to Height Factor. C1-9 Zoning District Example

EXAMPLES Tower on a Base C1-9 Zoning District Example Quality housing introduced a parallel set of rules relative to Height Factor. C1-9 Zoning District Example

Mandatory Inclusionary Housing (MIH) Overview

MIH Overview Mandatory Inclusionary Housing program: Citywide framework for creating permanently affordable housing Will be applied through the land use review process when substantial new housing is allowed by zoning changes Locks in affordability to ensure economic diversity MIH is designed to: Create permanent affordable housing for households at a range of low and moderate incomes Promote vibrant and diverse neighborhoods Leverage the private market to further economic diversity Leverage City funds and complement other housing programs Support feasibility of housing production

How MIH Works: Several Options During the public review process, the City Council and the City Planning Commission (CPC) can choose to impose one or both of two basic options to be available within an area. Each option is based on the percentage of residential square feet to be dedicated to permanently affordable housing: 1 25% of housing must serve households with incomes averaging to 60% AMI At least 10% of which must be at or below 40% AMI Up to three income bands, with none exceeding 130% AMI 30% of housing must serve households with incomes avg to 80% AMI 2 City Council and CPC may make other options available, but the developer still must only comply with one of the option requirements: 20% of housing must average to 40% AMI Up to three income bands, with none exceeding 130% AMI Subsidy is allowed only if more affordable housing is provided 3 30% of housing must average to 115% AMI Not available in Manhattan CDs 1-8 Other Restrictions 4

Department of City Planning www.nyc.gov/planning New York City Department of City Planning www.nyc.gov/planning Quality housing introduced a parallel set of rules relative to Height Factor.