Disclaimer: This post is based on a partial review of ZRD1 approvals. A more thorough analysis of all ZRD1’s approved by the department may lead to alternate conclusions. In addition, department practice may have evolved in more recent approvals. The ZRD1 Project strives to be accurate and fair-minded and we welcome clarifying information from the department or anyone who has better information on the subject discussed below. Please email info@zrd1.com with any questions or concerns.

July 2024 Update - The City of Yes for Economic Opportunity text amendment makes portions of these blog posts obsolete.  Some text sections have been reorganized and links to section references may no longer be accurate.  More importantly, the text amendment opens a new chapter in New York City zoning analysis.  Until such time that these posts can be updated, please consider this post as representative of NYC zoning prior to the enactment of the City of Yes text amendments.

Subtle differences between the bulk regulations of commercial and residential districts can have a significant impact on building planning, with the inclusion or omission of a single word or phrase making all the difference. Take, for example, the regulations governing side yards. The residential regulations at section 23-462(c) require that if an open area extends along the side lot line it shall “extend along the entire side lot line”.

But the side yard regulations in commercial districts are different. Here, if an open area extends along a side lot line “such open area shall have a width of not less than eight feet.” This phrase is included in the side yard regulations for both residential buildings and mixed use buildings at sections 34-232 and 35-52 respectively.

34-232:

35-52:

In a residential district, the open space occurring along a portion of a side yard would be considered an inner or outer court and subject to court regulations. But in a commercial district, the open space just needs to be 8 feet wide.

It is easy to overlook the the differences between these sections and assume that a side yard must always extend for the entire length of the lot line. But the designers of 130 Seventh Avenue were aware of the distinction and the building footprint left an 8’-0” wide x 27’-0” long open area along the side lot line:

The applicant received an objection from the plan examiner stating that the 8 foot wide open space was not a side yard because it did not extend along the entire length of the side lot line. Since it was not a yard then the open space must be an inner court, which in this case would be non-complying. The applicant submitted a ZRD1 maintaining that the regulations of section 35-52 allows for the 8 foot wide open space along a portion of the side lot line. The Department agreed, approving the ZRD1 without conditions and simply stating:

Summary

It is important to recognize the subtle differences between the residential and mixed use zoning regulations. We see here one of the many ways to unlock design options through a careful reading of the zoning text.