§ 26 — Height, bulk, open spaces

New York § 26

• Jurisdiction: New York
• Law MDW: Multiple Dwelling
• Title 1: Light and Air
• Art. 3: Multiple Dwellings--general Provisions

Text

§ 26. Height, bulk, open spaces. 1. Dwellings affected. a. This\nsection, except as may specifically be provided otherwise in articles\nsix and seven, shall apply to all dwellings erected, enlarged, converted\nor altered pursuant to plans filed on or after December fifteenth,\nnineteen hundred sixty-one for the purpose of regulating their height\nand bulk and regulating and determining the area of yards, courts and\nother open spaces of such dwellings.\n b. The construction, enlargement, conversion or alteration of any\ndwelling undertaken pursuant to plans filed prior to December fifteenth,\nnineteen hundred sixty-one in compliance with the provisions of sections\ntwenty-six, twenty-seven and twenty-eight of this chapter, as they\nexisted prior to the enactment of chapter ten hundred seventy-two of the\nlaws of nineteen hundred sixty, effective July first, nineteen hundred\nsixty-one may be commenced, continued or completed as if such sections\nremained in full force and effect. Notwithstanding the provisions of\nsubdivision four of section three hundred, the department shall not\nrequire any change or modification in the height or bulk or in the area\nof yards, courts and other open spaces of dwellings to be erected or\nenlarged pursuant to plans filed prior to December fifteenth, nineteen\nhundred sixty-one as a condition for the reissuance of a building permit\nor the renewal of an approval, except as may otherwise be provided by\nlocal law, ordinance or zoning ordinance.\n c. Nothing in this section shall be construed to require any change in\nthe height, bulk, or open space of any dwelling erected, enlarged,\nconverted or altered pursuant to plans filed before December fifteenth,\nnineteen hundred sixty-one.\n d. Notwithstanding the provisions of paragraphs a, b or c, the\nprovisions of this section shall apply to buildings erected, enlarged,\nconverted or altered pursuant to plans filed prior to December\nfifteenth, nineteen hundred sixty-one, where such compliance may be\nrequired by local law, ordinance or zoning ordinance.\n 2. Definitions. For the purpose of this section certain words are\ndefined herein but such definitions shall not be held to modify or\naffect legal interpretations of such terms or words as used in any local\nlaw, ordinance, rule or regulation and shall apply in addition to and\nnot in substitution for the provisions of section four of this chapter.\n a. "Accessory use or accessory structure": a use or structure\ncustomarily incident to the principal use or building:\n b. "Floor area": the sum of the gross horizontal areas of all of the\nseveral floors of a dwelling or dwellings and accessory structures on a\nlot measured from the exterior faces of exterior walls or from the\ncenter line of party walls, except:\n (1) cellar space;\n (2) attic space providing head room of less than eight feet;\n (3) space for mechanical equipment;\n (4) elevator and stair bulkheads, tanks and cooling towers;\n (5) open or roofed terraces, exterior balconies or porches, uncovered\nsteps and open porte-cocheres or breezeways abutting or adjoining grade\nentrances;\n (6) accessory space used for off-street motor vehicle parking or\nstorage.\n c. "Floor area ratio (FAR)": A figure determined by dividing the floor\narea of the several floors of all buildings on a lot by the area of such\nlot.\n d. "Corner lot": A lot bounded entirely by streets or a lot which\nadjoins the point of intersections of two of more streets and in which\nthe interior angle formed by the extensions of the street lines in the\ndirections which they take at their intersections with lot lines other\nthan street lines, forms an angle of one hundred thirty-five degrees or\nless. In the event that any street line is a curve at its point of\nintersection with a lot line other than a street line, the tangent to\nthe curve at that point shall be considered the direction of the street\nline. The portion of such lot subject to the regulations for corner lots\nis that portion bounded by the intersecting street line and lines\nparallel to and one hundred feet from each intersecting street line. Any\nremaining portion of a corner lot shall be subject to the regulations\nfor a through lot or for an interior lot, whichever is applicable.\n e. "Tower": A dwelling or dwellings or portion thereof which has an\naggregate horizontal area of not more than forty per centum of the area\nof a lot, or, for lots of less than twenty thousand square feet, the per\ncentum set forth in the following table:\n Area of lot Maximum percent\n(in square feet) of lot coverage\n10,500 or less ............................. 50 %\n10,501 to 11,500 ........................... 49\n11,501 to 12,500 ........................... 48\n12,501 to 13,500 ........................... 47\n13,501 to 14,500 ........................... 46\n14,501 to 15,500 ........................... 45\n15,501 to 16,500 ........................... 44\n16,501 to 17,500 ........................... 43\n17,501 to 18,500 ........................... 42\n18,501 to 19,999 ........................... 41\n 3. Floor area ratio (FAR). The floor area ratio (FAR) of any dwelling\nor dwellings on a lot shall not exceed 12.0, except:\n a. A fireproof class B dwelling in which six or more passenger\nelevators are maintained and operated in any city having a local zoning\nlaw, ordinance or resolution restricting districts in such city to\nresidential use, may be erected in accordance with the provisions of\nsuch zoning law, ordinance or resolution, if such class B dwelling is\nerected in a district no part of which is restricted by such zoning law,\nordinance or resolution to residential uses.\n b. In a city with a population of one million or more, the permitted\nfloor area ratio (FAR) of any dwelling or dwellings on a lot may exceed\n12.0 provided that:\n (1) such city approves any increase in such permitted floor area ratio\n(FAR) in accordance with local requirements for public review of land\nuse actions including, where applicable, such city's uniform land use\nreview procedure;\n (2) such city designates the lot where such dwelling or dwellings are\nlocated as subject to a program established in the zoning law, ordinance\nor resolution of such city that mandates that any new housing on\ndesignated lots include minimum percentages of permanently affordable\nhousing equivalent to or exceeding the requirements under any mandatory\ninclusionary housing program;\n (3) such dwelling or dwellings are not located on the same zoning lot\nas a building occupied in whole or in part for joint living-work\nquarters for artists pursuant to article seven-B of this chapter, or on\nthe same zoning lot as a building subject to article seven-C of this\nchapter;\n (4) such dwelling or dwellings are not located within an area\ndesignated by such city as a historic district;\n (5) no multiple dwelling with a floor area ratio (FAR) exceeding 12.0\nshall be newly constructed on or after the effective date of the chapter\nof the laws of two thousand twenty-four that amended this subdivision on\nany zoning or tax lot that contains a dwelling or multiple dwelling with\na floor area ratio (FAR) below 12.0 unless such dwelling or multiple\ndwelling with a floor area ratio (FAR) below 12.0 complies with the\nrequirements of section 27-2093.1 of the administrative code of the city\nof New York, or any successor law or program relating to the issuance of\ncertificates of no harassment as defined in such section, in accordance\nwith terms of such section or successor law or program, provided that\nnothing in this paragraph shall affect the application of such section\nto any other building; and\n (6) the owner of a dwelling or dwellings that are demolished or\nremoved to construct a multiple dwelling with a floor area ratio (FAR)\nexceeding 12.0 shall offer, to each household who occupied such a\ndwelling unit within the six months preceding such demolition or\nremoval, financial compensation equal to one month's rent for every year\nof lawful tenancy in such dwelling unit, not to exceed six months, or a\nlease in a comparable unit at a comparable rent in a decent, safe, and\nsanitary dwelling in an area not generally less desirable in regard to\npublic utilities and public and commercial facilities.\n c. In a city with a population of one million or more, a general\nproject plan adopted by the New York state urban development corporation\nfor a project may permit a floor area ratio (FAR) of any dwelling or\ndwellings on a lot to exceed 12.0 provided that:\n (1) not less than twenty-five percent of any rental dwelling units in\nsuch project, upon initial rental and upon each subsequent rental\nfollowing a vacancy, are affordable to and restricted to occupancy by\nindividuals or families whose household income does not exceed a\nweighted average of eighty percent of the area median income, adjusted\nfor family size, at the time such households initially occupy such\ndwelling units;\n (2) such dwelling or dwellings are not located on the same zoning lot\nas a building occupied in whole or in part for joint living-work\nquarters for artists pursuant to article seven-B of this chapter, or on\nthe same zoning lot as a building subject to article seven-C of this\nchapter;\n (3) such dwelling or dwellings are not located within an area\ndesignated by such city as a historic district;\n (4) no multiple dwelling with a floor area ratio (FAR) exceeding 12.0\nshall be newly constructed on or after the effective date of the chapter\nof the laws of two thousand twenty-four that amended this subdivision on\nany zoning or tax lot that contains a dwelling or multiple dwelling with\na floor area ratio (FAR) below 12.0 unless such dwelling or multiple\ndwelling with a floor area ratio (FAR) below 12.0 complies with the\nrequirements of section 27-2093.1 of the administrative code of the city\nof New York, or any successor law or program relating to the issuance of\ncertificates of no harassment as defined in such section, in accordance\nwith terms of such section or successor law or program, provided that\nnothing in this paragraph shall affect the application of such section\nto any other building; and\n (5) the New York state urban development corporation shall not be\nempowered to undertake the acquisition, construction, reconstruction,\nrehabilitation or improvement of a project pursuant to this paragraph\nunless the New York state urban development corporation finds that there\nis a feasible method for the relocation of families and individuals\ndisplaced from the project area into decent, safe and sanitary\ndwellings, which are or will be provided in the project area or in other\nareas not generally less desirable in regard to public utilities and\npublic and commercial facilities, at rents or prices within the\nfinancial means of such families or individuals, and reasonably\naccessible to their places of employment. Insofar as is feasible, the\nNew York state urban development corporation shall offer housing\naccommodations to such families and individuals in residential projects\nof the New York state urban development corporation. The New York state\nurban development corporation may render to business and commercial\ntenants and to families or other persons displaced from the project\narea, such assistance as it may deem necessary to enable them to\nrelocate.\n 4. Height. A dwelling may be erected to any height and any number of\nstories so long as it does not exceed the bulk limitations hereinafter\nprescribed.\n 5. Rear yard. a. Except as otherwise provided in the zoning resolution\nof the city of New York and except as hereinafter provided for a corner\nlot, an interior lot within one hundred feet of the point of\nintersection of the two street lines intersecting at an angle of one\nhundred thirty-five degrees or less, an interior lot fronting on a block\nmeasuring less than two hundred thirty feet in length between two\nintersecting streets or a through lot, a rear yard shall be required for\neach dwelling and shall extend the entire width of the lot at every\npoint. For dwellings occupying an entire block or a through lot, no rear\nyard shall be required. When dwellings do not exceed in area thirty-five\nper centum of the plot, the department shall permit such location of\nyards and courts as will promote the best possible plot ventilation. For\npurposes of this paragraph a, a block shall not be deemed less than an\nentire block because a portion thereof is conveyed after construction of\nsuch multiple dwelling or dwellings to a city for public park purposes.\n b. Except as otherwise provided in the zoning resolution of the city\nof New York, the minimum depth of a required rear yard shall be thirty\nfeet for the first one hundred twenty-five feet above curb level, and\nfifty feet above that point. The depth of a rear yard shall be measured\nat right angles from the rear lot line to the extreme exterior rear wall\nof the dwelling. The provisions of this paragraph requiring a rear yard\nfifty feet in depth for portions of a building in excess of one hundred\ntwenty-five feet above the curb level shall not be applied to a tower.\n c. Except as otherwise provided in the zoning resolution of the city\nof New York, on a corner lot no rear yard shall be required, provided,\nhowever, every required window shall open into either:\n (1) a lawful inner or outer court; or\n (2) a side or rear yard with a minimum width or depth of thirty feet\nin one direction; or\n (3) if such lot is less than ten thousand square feet in area, a side\nyard with a minimum width of twenty feet, or an inner space equivalent\nto the area of a lawful inner court.\n d. Except as otherwise provided in the zoning resolution of the city\nof New York, on any through lot one hundred ten feet or more in maximum\ndepth from street to street, one of the following rear yard equivalents\nshall be provided:\n (1) An open area with a minimum depth of sixty feet, extending across\nthe entire lot and linking abutting rear yards, or if no such rear yards\nexist, then an open area, with a minimum depth of sixty feet, midway (or\nwithin five feet thereof) between the two street lines upon which such\nthrough lot fronts and provided further that the provisions of paragraph\nb of this subdivision shall apply above a height of one hundred and\ntwenty-five feet above the curb level as if such rear yard equivalent\nwere two adjoining rear yards; or\n (2) Two open areas, each abutting and extending along the full length\nof a street line, and each with a minimum depth of thirty feet measured\nfrom such street line; or\n (3) An open area adjoining and extending along the full length of each\nside lot line, with a minimum width of thirty feet measured from each\nside lot line.\n e. When the maximum depth of any interior lot owned separately and\nindividually from all other adjoining tracts of land on December\nfifteenth, nineteen hundred sixty-one is less than seventy feet, the\nrequired depth of the rear yard of a dwelling on such lot for the first\none hundred twenty-five feet above curb level may be decreased one foot\nfor each foot by which the maximum depth is less than seventy feet.\nHowever, any such yard shall never be less than ten feet in depth at any\npoint above its lowest level.\n f. Except for fireproof buildings and except as otherwise provided in\nthis paragraph there shall be access from a street to the yard through a\nfireproof passage either in a direct line or through a court. Such\npassage shall be not less than three feet in clear width and seven feet\nin height. Such passage shall not be required for a multiple dwelling\nwhich does not exceed three stories in height and is not occupied by\nmore than one family on any story or three families in all or for a\ndwelling which does not exceed two stories in height and is not occupied\nby more than two families on any story or four families in all provided\nevery required means of egress from such dwelling leads directly to a\nstreet or to an outer court opening upon a street. When a dwelling does\nnot exceed three stories in height and is not occupied by more than two\nfamilies on any story, such passage may be of fire-retarded\nconstruction.\n 6. Side yard. Except as otherwise provided in the zoning resolution of\nthe city of New York, no side yard shall be required. If a side yard is\nprovided it shall in no event be less than eight feet in width at any\npoint. Such side yard need not exceed thirty feet in width.\n 7. Courts. Except as otherwise provided in the zoning resolution of\nthe city of New York:\n a. An inner court shall have minimum width of four inches per foot for\neach one foot of height of such court, but in no event less than fifteen\nfeet in width at any point. The area of such inner court shall be twice\nthe square of the width of the court dimension based on the height of\nsuch court, but in no event less than three hundred fifty square feet in\narea. The area of such court need not exceed one thousand two hundred\nsquare feet provided that the minimum horizontal distance between any\nrequired window of a living room opening on an inner court shall not be\nless than thirty feet from any wall opposite such window. For a dwelling\nthree stories or less in height, an inner court may have a minimum width\nof three inches for each one foot of height of such court, but in no\nevent less than ten feet in width at any point. The area of such court\nshall be twice the square of the required width of court dimension based\non the height of such court but in no event less than two hundred fifty\nsquare feet in area. An air in-take of fireproof construction shall be\nprovided at or near the lowest level of every inner court of dwellings\nexceeding two stories in height, and shall communicate directly with a\nstreet or yard. Such in-take shall have a vertical cross-sectional area\nof not less than twenty-one square feet and a minimum width of not less\nthan three feet in its least dimension, and shall be open and\nunobstructed throughout, except that where the intake is not used as a\npassage or exit, gates or grilles which do not interfere with\nventilation may be installed.\n b. An outer court at any given height shall have a minimum width at\nleast equal to twice the depth of such outer court if such outer court\nis less than thirty feet wide. Such outer court shall have a width at\nleast equal to its depth if such court is thirty feet or more in width.\nAn outer court need not exceed sixty feet in width. Except as provided\nin section sixty, an outer court on a side lot line may begin at the\nlevel of the floor of the lowest story in which there is a living room\nopening therefrom. Any outer court not on a side lot line may begin at\nany level, the height of such court to be measured from the level at\nwhich such court begins.\n 7-a. Lights in rear yards, side yards, front yards and courts. The\nowner of every dwelling shall install and maintain in every rear yard,\nside yard, front yard and court a light or lights of at least forty\nwatts of incandescent illumination or equivalent illumination, in such\nlocations as the department may prescribe, which shall be kept burning\nfrom sunset on each day to sunrise on the day following.\n 8. Level of areas adjoining living rooms. The bottom of any yard, rear\nyard equivalent, court or other open area which abuts or adjoins and\ngives light or ventilation to a living room shall be at the floor level\nor lower of such living room, except that:\n a. If the depth of a yard exceeds the minimum required depth by as\nmuch as one-half, the bottom of such yard may be at any level not higher\nthan six inches below the window sills of any such adjoining living room\nand not more than three feet above the floor of such room.\n b. If the width of an outer court exceeds the minimum required by as\nmuch as forty per centum, the bottom of such court may be at any level\npermitted by paragraph a for a yard or rear yard equivalent.\n 9. Permitted obstructions. Every yard and court shall comply with all\nthe requirements of this section and be open and unobstructed at every\npoint from the lowest level to the sky except that the following shall\nnot be deemed to obstruct or reduce the area of otherwise lawful yards,\nrear yard equivalents or courts, provided that required light and\nventilation for living rooms and required egress from the dwelling are\nmaintained to the satisfaction of the department:\n a. Accessory off-street parking spaces, open or enclosed, conforming\nto the applicable provisions of section sixty.\n b. Fire escapes erected as provided in paragraph b of subdivision two\nof section fifty-three.\n c. In a yard or rear yard equivalent, boiler flues or chimneys\nprojecting not more than three feet into such yard and provided every\nsuch flue or chimney does not exceed two per cent of the required area\nof the yard.\n d. Outside stairways, fire towers, platforms or balconies or other\nsimilar projections which extend beyond the wall of the dwelling.\n e. Enclosures of balconies or spaces erected as provided in\nsubdivision four of section thirty.\n f. Arbors, trellises, awnings or canopies, fences, flag poles, open\nsteps, or breezeways.\n g. Recreational or drying yard equipment except as otherwise provided\nin section fifty-six.\n h. Walls not exceeding eight feet in height and not roofed or part of\na structure.\n i. Retaining walls to protect adjoining premises provided such walls\nare not more than fifteen feet in height measured from the curb level of\nthe lot on which such walls are erected, do not extend above the sill of\nany required living room window on the first story facing such a wall\nand do not extend more than thirty-six inches into the required area of\na yard, rear yard equivalent or court.\n j. A party wall not more than twelve inches into the required area of\na yard, or rear yard equivalent or court.\n k. Nothing in this section shall be deemed to prevent cutting off the\ncorners of any yard, rear yard equivalent or court, provided the running\nlength of the wall at the angle of such yard or court does not exceed\nseven feet.\n l. In a rear yard equivalent, an enclosed passageway connecting\nportions of separate buildings where such passageway does not exceed\nfourteen feet in height and fifteen feet in width measured between the\nouter faces of the walls thereof.\n m. In a city with a population of one million or more, the area of\nyards, rear yard equivalents, courts or open spaces required by this\nsection, section one hundred seventy-two or section two hundred twelve\nof this chapter shall not be deemed to be reduced or obstructed by\nexterior wall thickness of up to eight inches added to the exterior of a\nbuilding to accommodate the addition of insulation to the extent that\nsuch exterior wall thickness is a permitted obstruction for such\nbuilding under the zoning resolution of such city.\n 10. Nothing contained in this section shall be deemed to prevent the\nturfing over of any yard or court space or the planting of shrubs or\ntrees therein when approved by the department.\n 11. Pending actions or proceedings. Nothing contained in this section\nshall affect or impair any act done, offense committed or right accruing\nor accrued or acquired, or liability, penalty, forfeiture or punishment\nincurred prior to December fifteenth, nineteen hundred sixty-one, but\nthe same way may be enjoyed, asserted, enforced, prosecuted or inflicted\nas fully and to the same extend as if this section had not been enacted.\n