ZR 77-00 Special Provisions For Zoning Lots Divided by District Boundaries – PART I
- The ZRD1 Project
- Jan 26, 2021
- 9 min read
Updated: Jul 5, 2024
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.
The following is Part 1 of a two part series focusing on zoning lots divided by district boundaries. This post will examine the text of Article VII, Chapter 7, while the second post will explore a few ZRD1’s that illustrate some nuances in these regulations.
A significant number of zoning lots in New York City straddle zoning district boundaries. The Zoning Resolution addresses these properties in Article VII, Chapter 7 Special Provisions for Zoning Lots Divided by District Boundaries. This chapter is applicable “whenever any zoning lot is located in two or more districts in which different uses are permitted, or in which different use bulk, accessory off-street parking and loading, or other regulations apply”.
Certain zoning lots divided by district boundaries can shift the district boundary such that the entire zoning lot will be governed by a single zoning district. These lots must be a “lot of record that was existing on December 15, 1961, or any applicable subsequent amendment thereto”. Alternately, the zoning lot could be two or more contiguous lots of record that were under single ownership as of December 15, 1961 or any applicable subsequent amendment thereto. In either case, I call these zoning lots “pre-existing”. Although the official zoning maps are not updated, development of the zoning lot may proceed as if the district boundary had been relocated accordingly.
It can be advantageous to shift the zoning district boundary. For example, if a zoning lot consists of a C6-1 portion (FAR = 6.00) and a C6-5 portion (FAR = 10.00), shifting the district boundary would allow the higher FAR to apply to the entire lot. Alternately, if a site is primarily in a commercial district, but partially in a residential district, we could shift the district boundary to allow for commercial use across the entire site.
Not every zoning lot divided by district boundaries will benefit from the provisions of Article VII, Chapter 7. Depending on the characteristics of the zoning lot, the possible outcomes include:
Each portion will be subject to the regulations of the district in which it is located.
The district boundary line will be moved such that the larger zoning district encompasses the entire zoning lot.
The district boundary line remains unchanged but we apply the provisions of sections 77-22 through 77-29.
To determine the outcome we must answer a series of questions:
Is the zoning lot pre-existing?
Is the district boundary line within 25 feet of the closest lot line of the smaller district?
Are different uses allowed on each side of the district boundary line?
Is the zoning lot split between two Commercial Districts or two Manufacturing Districts in which the same uses are permitted but different bulk regulations apply?
Are different bulk regulations applicable on each side of the district boundary line?
The following chart summarizes each of these paths:
QUESTION #1: Is the Zoning Lot Pre-Existing?
Basically, a pre-existing zoning lot is a “lot of record that was existing on December 15, 1961, or any applicable subsequent amendment thereto”. In other words, if the zoning lot has been merged with another zoning lot at any time after the most recent zoning map change to have affected the property, it is not pre-existing. This fundamental test eliminates many development sites from applying the provisions of Article VII, Chapter 7.
If the lot is not pre-existing then, per section 77-02,
“each portion of such zoning lot shall be regulated by all the provisions applicable to the district in which such portion of the zoning lot is located.”
The section goes on to say,
“However, the provisions of paragraph (a) of Section 77-22 (Floor Area Ratio) and Section 77-40 (Supplemental Regulations) shall apply to zoning lots created at any time where different bulk regulations apply to different portions of such zoning lot.”
Section 77-22(a) allows certain Quality Housing Buildings outside the Manhattan Core to shift extra bulk onto the portion of the zoning lot which fronts on and is within 100 feet of a wide street. Section 77-40 requires that any zoning lot which includes any portion in a contextual district shall meet the requirements of Section 28-10 through 28-40. There is an opportunity to benefit from section 77-40, which is discussed in the second part of this post as a ZRD1 case study.
If the lot is pre-existing we have passed our first test and can move on to the next question:
QUESTION #2: Is the district boundary line within 25 feet of the closest lot line of the smaller district?
The ability to relocate the zoning district boundary assumes that the new boundary location will not be substantially different from the previous boundary location. Specifically, the boundary can be relocated a maximum of 25 feet perpendicular to the mapped district boundary. Also, the mapped district with less than 50% of the total lot area cannot encompass the other district, even if the relocation of the district boundary line is 25 feet or less. Per sections 77-11 and 77-211:
"The use [or bulk] regulations applicable to the district in which more than 50 percent of the lot area of the zoning lot is located may apply to the entire zoning lot, provided that the greatest distance from the mapped district boundary to any lot line of such zoning lot in the district in which less than 50 percent of its area is located does not exceed 25 feet. Such distance shall be measured perpendicular to the mapped district boundary."
If the district boundary is not within 25 feet of the lot line, we skip ahead to the final question.
If the district boundary is within 25 feet of the lot line, then we ask the next question:
QUESTION #3: Are different uses allowed on each side of the district boundary line?
In other words, is the zoning lot split into any of the following combinations:
Residential / Commercial
Residential / Manufacturing
Commercial / Manufacturing
If the answer is “yes”, and the district boundary line is within 25 feet of the lot line, then we refer to section 77-11, which allows the use regulations of the larger district to be applied to the entire lot. In doing so, “the district boundary may be assumed to be relocated accordingly, and the bulk, off-street parking and loading and all other regulations applying to the expanded district shall apply to the entire zoning lot”.
if the answer is “no”, we ask the next question:
QUESTION #4: Is the zoning lot split between two Commercial Districts or two Manufacturing Districts or two single- or single- and two-family Residence Districts in which the same uses are permitted but different bulk regulations apply?
If the answer is “yes”, and the district boundary line is within 25 feet of the lot line, then we refer to section 77-211, which allows the bulk regulations of the larger district to be applied to the entire lot. In doing so, “the district boundary may be assumed to be relocated accordingly, and the off-street parking and loading and all other regulations applying to the expanded district shall apply to the entire zoning lot.”
If the answer is “no”, we ask one more question:
QUESTION #5: Are different bulk regulations applicable on each side of the district boundary line?
If the answer is “yes”, we refer to sections 77-21:
“whenever a zoning lot existing on December 15, 1961, or on any applicable subsequent amendment thereto, is divided by a boundary between districts with different bulk regulations, and the provisions of Section 77-11 (Conditions for Application of Use Regulations to Entire Zoning Lot) or 77-211 (Conditions for Application of Bulk Regulations to Entire Zoning Lot) do not apply, the bulk regulations may apply as set forth in Sections 77-22 to 77-29, inclusive, relating to Bulk Regulations.”
If the answer is “no” for any particular bulk regulation, for example if both districts had the same percentage for maximum lot coverage, we are allowed to satisfy the requirement on any portion of the zoning lot. This is important, otherwise the zoning lot would have to meet the requirement separately within each portion of the lot. This concept will be explored in a ZRD1 case study.
SECTIONS 77-22 THROUGH 77-29
For those pre-existing zoning lots that did not pass the proximity test there still remains an opportunity to benefit from the provisions of sections 77-22 through 77-29. The following is a brief outline of these provisions. Please refer to the full text for additional information.
The average floor area ratio is derived by multiplying the allowable floor area ratio of each portion of the lot by the percentage of total lot area of each portion of the lot. The average floor area ratio can be applied anywhere on the zoning lot and the higher bulk district may exceed the average FAR as long as it does not exceed its own underlying maximum FAR.
Here is an example of calculating the adjusted maximum FAR:
The required open space is computed separately for each portion of the zoning lot under the applicable regulations of the underlying district and may be located anywhere on the zoning lot provided that the open space ratio for any portion of the zoning lot within one district shall not be less than 60 percent of the required open space ratio for that district.
Lot coverage is averaged like the floor area ratio calculation. The average lot coverage can be applied anywhere on the lot. However, lot coverage for corner lot portions and interior/through lots are computed separately.
Density requirements are averaged and can be located anywhere on the lot.
The most restrictive lot area and lot width regulations shall apply to the entire zoning lot.
Each portion of the zoning lot shall be governed by the yard regulations specified for the district in which it is located.
Height and setback regulations are generally governed by the district in which the portion of the building is located. However, sky exposure planes are averaged based on the amount of street frontage in each district.
If 50% or more of a zoning lot is within a district that allows towers, then the whole lot can be developed in accordance with the applicable tower regulations, subject to the requirements of 77-22 (floor area ratio) and 77-23 (open space ratio).
77-30 OFF-STREET PARKING AND LOADING REGULATIONS
When a zoning lot is divided by a boundary between districts with different off-street parking or loading regulations, and the provisions of section 77-11 do not apply, the off-street parking and loading regulations are modified by section 77-30.
Where the zoning lot is split between two residential districts or two commercial districts or two manufacturing districts, the provisions of section 77-321 and 77-322 apply.
The percentage requirements for residential off-street parking applicable to each portion of the zoning lot shall be multiplied by the percentage of total lot area of the zoning lot to which each such requirement applies. The sum of the products obtained shall be the percentage requirement applicable to residences on the zoning lot. Such off-street spaces may be located anywhere on the zoning lot.
The off-street parking and loading requirements of the larger district shall apply to the entire zoning lot. Such spaces may be located anywhere on the zoning lot.
When the boundary is between a residential and commercial district, or a commercial and manufacturing district, or a residential and manufacturing district, the provisions of section 77-331 and 77-332 shall apply.
if the use is permitted in both such districts, the requirements of the larger district shall apply to the entire zoning lot and may be located anywhere on the zoning lot.
if the use is permitted in one district but not the other then the off-street parking and loading requirement shall be satisfied entirely within the district in which such use is permitted. However, required off-street parking and loading for commercial use may be located in a manufacturing district.
77-40 SUPPLEMENTAL REGULATIONS
For zoning lots divided by a district boundary such that the Quality Housing Program applies in one district but not the other, section 77-40 requires that the entire building comply with sections 28-10 (Building Interior), 28-20 (Recreation Space and Planting Areas), 28-30 (Safety and Security) and 28-40 (Parking for Quality Housing).
When each zoning district has a different recreation space requirement, and/or density of dwelling units per corridors standard, to arrive at one standard for the building, each standard shall be multiplied by the percentage of the zoning lot to which such standard applies. The sum of the products thus obtained shall be the adjusted standard applicable to the building.
SUMMARY
Newly formed zoning lots generally do not benefit from the Special Provisions for Zoning Lots Divided by District Boundaries. For pre-existing zoning lots, where the district boundary is within 25 feet of the lot line of the smaller portion, the entire zoning lot can be governed by the regulations of the larger district. If the district boundary is more than 25 feet from the lot line of the smaller district, then the regulations of sections 77-22 through 77-29 are applicable. In addition, parking and loading regulations can be modified on split zoning lots pursuant to section 77-30.