1. NYC Zoning
What Can I Build?
TEXT SLIDE

2. 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, &
23-90 (Inclusionary housing)
C1-9 Zoning District Example

3. 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

4. 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

5. ‘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

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

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

8. 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

9. 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

10. 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

11. 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

12. 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

13. CONTEXTUAL ZONING Tower-on-a-base 1961 Resolution
To combat this, tower-on-a-base was established in 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

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

15. 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

16. 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, &
23-90 (Inclusionary housing)
C1-9 Zoning District Example

17. 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

18. 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
Non-Residential Uses shall not occupy more than the two stories in a mixed building. ZR
Quality housing introduced a parallel set of rules relative to Height Factor.
C1-9 Zoning District Example

19. 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
Quality housing introduced a parallel set of rules relative to Height Factor.
C1-9 Zoning District Example

20. 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

21. BULK REGULATIONS Tower on a Base C1-9 Zoning District Example
No Maximum Lot Coverage
No Yards required on corner lots ZR
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
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

22. 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 & (b)(2)(i)
Where an adjacent building above 60’ exists, the new development must match the height for at least 20’
ZR & (b)(2)(i)(a)
Quality housing introduced a parallel set of rules relative to Height Factor.
C1-9 Zoning District Example

23. 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 (a)(4)
15’
10’
Quality housing introduced a parallel set of rules relative to Height Factor.
C1-9 Zoning District Example

24. 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 (a)(1)
In addition, this percentage of lot coverage controls the percentage of the total building floor area which must be below 150’. ZR (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’

25. 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

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

27. 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

28. 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
Quality housing introduced a parallel set of rules relative to Height Factor.
C1-9 Zoning District Example

29. 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

30. 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
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

31. 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 (26-41)
Quality housing introduced a parallel set of rules relative to Height Factor.
C1-9 Zoning District Example

32. 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

33. Mandatory Inclusionary Housing
(MIH)
Overview

34. 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

35. 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

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