NY Mult Dwell L § 26 (2021)
2021 New York Laws MDW - Multiple Dwelling Article 3 - Multiple Dwellings--General Provisions Title 1 - Light and Air 26 - Height, Bulk, Open Spaces.

§  26.  Height,  bulk,  open  spaces.  1.  Dwellings affected. a. This section, except as may specifically be provided  otherwise  in  articles six and seven, shall apply to all dwellings erected, enlarged, converted or  altered  pursuant  to  plans  filed  on or after December fifteenth, nineteen hundred sixty-one for the purpose of  regulating  their  height and  bulk  and  regulating and determining the area of yards, courts and other open spaces of such dwellings.   b. The construction, enlargement,  conversion  or  alteration  of  any dwelling undertaken pursuant to plans filed prior to December fifteenth, nineteen hundred sixty-one in compliance with the provisions of sections twenty-six,  twenty-seven  and  twenty-eight  of  this  chapter, as they existed prior to the enactment of chapter ten hundred seventy-two of the laws of nineteen hundred sixty, effective July first,  nineteen  hundred sixty-one  may  be commenced, continued or completed as if such sections remained in full force and effect.  Notwithstanding  the  provisions  of subdivision  four  of  section  three  hundred, the department shall not require any change or modification in the height or bulk or in the  area of  yards,  courts  and  other open spaces of dwellings to be erected or enlarged pursuant to plans filed prior to December  fifteenth,  nineteen hundred sixty-one as a condition for the reissuance of a building permit or  the  renewal  of an approval, except as may otherwise be provided by local law, ordinance or zoning ordinance.   c. Nothing in this section shall be construed to require any change in the height, bulk, or open  space  of  any  dwelling  erected,  enlarged, converted  or altered pursuant to plans filed before December fifteenth, nineteen hundred sixty-one.   d. Notwithstanding the  provisions  of  paragraphs  a,  b  or  c,  the provisions  of  this section shall apply to buildings erected, enlarged, converted  or  altered  pursuant  to  plans  filed  prior  to   December fifteenth,  nineteen  hundred  sixty-one,  where  such compliance may be required by local law, ordinance or zoning ordinance.   2. Definitions. For the purpose of  this  section  certain  words  are defined  herein  but  such  definitions  shall  not be held to modify or affect legal interpretations of such terms or words as used in any local law, ordinance, rule or regulation and shall apply in  addition  to  and not in substitution for the provisions of section four of this chapter.   a.  "Accessory  use  or  accessory  structure":  a  use  or  structure customarily incident to the principal use or building:   b. "Floor area": the sum of the gross horizontal areas of all  of  the several  floors of a dwelling or dwellings and accessory structures on a lot measured from the exterior faces  of  exterior  walls  or  from  the center line of party walls, except:  (1) cellar space;  (2) attic space providing head room of less than eight feet;  (3) space for mechanical equipment;  (4) elevator and stair bulkheads, tanks and cooling towers;  (5)  open or roofed terraces, exterior balconies or porches, uncovered steps and open porte-cocheres or breezeways abutting or adjoining  grade entrances;  (6)  accessory  space  used  for  off-street  motor vehicle parking or storage.   c. "Floor area ratio (FAR)": A figure determined by dividing the floor area of the several floors of all buildings on a lot by the area of such lot.   d. "Corner lot": A lot bounded entirely by  streets  or  a  lot  which adjoins  the  point of intersections of two of more streets and in which the interior angle formed by the extensions of the street lines  in  the directions  which  they take at their intersections with lot lines other  than street lines, forms an angle of one hundred thirty-five degrees  or less.  In  the  event  that  any  street line is a curve at its point of intersection with a lot line other than a street line,  the  tangent  to the  curve at that point shall be considered the direction of the street line. The portion of such lot subject to the regulations for corner lots is that portion bounded  by  the  intersecting  street  line  and  lines parallel to and one hundred feet from each intersecting street line. Any remaining  portion  of  a corner lot shall be subject to the regulations for a through lot or for an interior lot, whichever is applicable.   e. "Tower": A dwelling or dwellings or portion thereof  which  has  an aggregate  horizontal area of not more than forty per centum of the area of a lot, or, for lots of less than twenty thousand square feet, the per centum set forth in the following table:   Area of lot       Maximum percent (in square feet)      of lot coverage 10,500 or less ............................. 50 % 10,501 to 11,500 ........................... 49 11,501 to 12,500 ........................... 48 12,501 to 13,500 ........................... 47 13,501 to 14,500 ........................... 46 14,501 to 15,500 ........................... 45 15,501 to 16,500 ........................... 44 16,501 to 17,500 ........................... 43 17,501 to 18,500 ........................... 42 18,501 to 19,999 ........................... 41   3. Floor area ratio (FAR). The floor area ratio (FAR) of any  dwelling or  dwellings  on  a  lot shall not exceed 12.0, except that a fireproof class B dwelling in which six or more passenger elevators are maintained and operated in any  city  having  a  local  zoning  law,  ordinance  or resolution restricting districts in such city to residential use, may be erected  in accordance with the provisions of such zoning law, ordinance or resolution, if such class B dwelling is erected in a district no part of which is restricted by such zoning law, ordinance  or  resolution  to residential uses.   4.  Height.  A dwelling may be erected to any height and any number of stories so long as it does not exceed the bulk  limitations  hereinafter prescribed.   5. Rear yard. a. Except as otherwise provided in the zoning resolution of  the city of New York and except as hereinafter provided for a corner lot,  an  interior  lot  within  one  hundred  feet  of  the  point   of intersection  of  the  two  street lines intersecting at an angle of one hundred thirty-five degrees or less, an interior lot fronting on a block measuring less than two  hundred  thirty  feet  in  length  between  two intersecting streets or a through lot, a rear yard shall be required for each  dwelling  and  shall  extend  the entire width of the lot at every point. For dwellings occupying an entire block or a through lot, no rear yard shall be required. When dwellings do not exceed in area thirty-five per centum of the plot, the department shall  permit  such  location  of yards and courts as will promote the best possible plot ventilation. For purposes  of  this paragraph a, a block shall not be deemed less than an entire block because a portion thereof is conveyed after construction of such multiple dwelling or dwellings to a city for public park purposes.   b. Except as otherwise provided in the zoning resolution of  the  city of  New  York, the minimum depth of a required rear yard shall be thirty feet for the first one hundred twenty-five feet above  curb  level,  and fifty  feet above that point. The depth of a rear yard shall be measured at right angles from the rear lot line to the extreme exterior rear wall of the dwelling. The provisions of this paragraph requiring a rear  yard  fifty  feet in depth for portions of a building in excess of one hundred twenty-five feet above the curb level shall not be applied to a tower.   c.  Except  as otherwise provided in the zoning resolution of the city of New York, on a corner lot no rear yard shall be  required,  provided, however, every required window shall open into either:  (1) a lawful inner or outer court; or  (2)  a  side or rear yard with a minimum width or depth of thirty feet in one direction; or  (3) if such lot is less than ten thousand square feet in area, a  side yard  with  a minimum width of twenty feet, or an inner space equivalent to the area of a lawful inner court.   d. Except as otherwise provided in the zoning resolution of  the  city of  New York, on any through lot one hundred ten feet or more in maximum depth from street to street, one of the following rear yard  equivalents shall be provided:  (1)  An open area with a minimum depth of sixty feet, extending across the entire lot and linking abutting rear yards, or if no such rear yards exist, then an open area, with a minimum depth of sixty feet, midway (or within five feet thereof) between the two street lines upon  which  such through lot fronts and provided further that the provisions of paragraph b  of  this  subdivision  shall  apply above a height of one hundred and twenty-five feet above the curb level as if such  rear  yard  equivalent were two adjoining rear yards; or  (2)  Two open areas, each abutting and extending along the full length of a street line, and each with a minimum depth of thirty feet  measured from such street line; or  (3) An open area adjoining and extending along the full length of each side  lot  line,  with a minimum width of thirty feet measured from each side lot line.   e. When the maximum depth of any interior  lot  owned  separately  and individually  from  all  other  adjoining  tracts  of  land  on December fifteenth, nineteen hundred sixty-one is less  than  seventy  feet,  the required  depth of the rear yard of a dwelling on such lot for the first one hundred twenty-five feet above curb level may be decreased one  foot for  each  foot  by  which  the maximum depth is less than seventy feet. However, any such yard shall never be less than ten feet in depth at any point above its lowest level.   f. Except for fireproof buildings and except as otherwise provided  in this paragraph there shall be access from a street to the yard through a fireproof  passage  either  in  a  direct  line or through a court. Such passage shall be not less than three feet in clear width and seven  feet in  height.  Such  passage shall not be required for a multiple dwelling which does not exceed three stories in height and  is  not  occupied  by more  than  one  family  on  any story or three families in all or for a dwelling which does not exceed two stories in height and is not occupied by more than two families on any story or four families in all  provided every  required  means  of egress from such dwelling leads directly to a street or to an outer court opening upon a street. When a dwelling  does not  exceed three stories in height and is not occupied by more than two families  on  any  story,  such  passage   may   be   of   fire-retarded construction.   6. Side yard. Except as otherwise provided in the zoning resolution of the  city of New York, no side yard shall be required. If a side yard is provided it shall in no event be less than eight feet in  width  at  any point. Such side yard need not exceed thirty feet in width.   7.  Courts.  Except  as otherwise provided in the zoning resolution of the city of New York:    a. An inner court shall have minimum width of four inches per foot for each one foot of height of such court, but in no event less than fifteen feet in width at any point. The area of such inner court shall be  twice the  square  of  the width of the court dimension based on the height of such court, but in no event less than three hundred fifty square feet in area.  The  area  of such court need not exceed one thousand two hundred square feet provided that the minimum horizontal  distance  between  any required  window of a living room opening on an inner court shall not be less than thirty feet from any wall opposite such window. For a dwelling three stories or less in height, an inner court may have a minimum width of three inches for each one foot of height of such  court,  but  in  no event  less  than ten feet in width at any point. The area of such court shall be twice the square of the required width of court dimension based on the height of such court but in no event less than two hundred  fifty square  feet  in area. An air in-take of fireproof construction shall be provided at or near the lowest level of every inner court  of  dwellings exceeding  two  stories in height, and shall communicate directly with a street or yard. Such in-take shall have a vertical cross-sectional  area of  not less than twenty-one square feet and a minimum width of not less than  three  feet  in  its  least  dimension,  and  shall  be  open  and unobstructed  throughout,  except that where the intake is not used as a passage  or  exit,  gates  or  grilles  which  do  not  interfere   with ventilation may be installed.   b.  An  outer  court at any given height shall have a minimum width at least equal to twice the depth of such outer court if such  outer  court is  less  than  thirty feet wide. Such outer court shall have a width at least equal to its depth if such court is thirty feet or more in  width. An  outer  court need not exceed sixty feet in width. Except as provided in section sixty, an outer court on a side lot line  may  begin  at  the level  of  the floor of the lowest story in which there is a living room opening therefrom. Any outer court not on a side lot line may  begin  at any  level,  the  height  of such court to be measured from the level at which such court begins.   7-a. Lights in rear yards, side yards, front  yards  and  courts.  The owner  of  every dwelling shall install and maintain in every rear yard, side yard, front yard and court a light or  lights  of  at  least  forty watts  of  incandescent illumination or equivalent illumination, in such locations as the department may prescribe, which shall be  kept  burning from sunset on each day to sunrise on the day following.   8. Level of areas adjoining living rooms. The bottom of any yard, rear yard  equivalent,  court  or  other open area which abuts or adjoins and gives light or ventilation to a living room shall be at the floor  level or lower of such living room, except that:   a.  If  the  depth  of a yard exceeds the minimum required depth by as much as one-half, the bottom of such yard may be at any level not higher than six inches below the window sills of any such adjoining living room and not more than three feet above the floor of such room.   b. If the width of an outer court exceeds the minimum required  by  as much  as  forty per centum, the bottom of such court may be at any level permitted by paragraph a for a yard or rear yard equivalent.   9. Permitted obstructions. Every yard and court shall comply with  all the  requirements  of this section and be open and unobstructed at every point from the lowest level to the sky except that the  following  shall not  be deemed to obstruct or reduce the area of otherwise lawful yards, rear yard equivalents  or  courts,  provided  that  required  light  and ventilation  for  living rooms and required egress from the dwelling are maintained to the satisfaction of the department:    a. Accessory off-street parking spaces, open or  enclosed,  conforming to the applicable provisions of section sixty.   b.  Fire escapes erected as provided in paragraph b of subdivision two of section fifty-three.   c. In a yard  or  rear  yard  equivalent,  boiler  flues  or  chimneys projecting  not  more  than three feet into such yard and provided every such flue or chimney does not exceed two per cent of the  required  area of the yard.   d.  Outside  stairways,  fire  towers, platforms or balconies or other similar projections which extend beyond the wall of the dwelling.   e.  Enclosures  of  balconies  or  spaces  erected  as   provided   in subdivision four of section thirty.   f.  Arbors,  trellises,  awnings or canopies, fences, flag poles, open steps, or breezeways.   g. Recreational or drying yard equipment except as otherwise  provided in section fifty-six.   h.  Walls not exceeding eight feet in height and not roofed or part of a structure.   i. Retaining walls to protect adjoining premises provided  such  walls are not more than fifteen feet in height measured from the curb level of the lot on which such walls are erected, do not extend above the sill of any  required  living  room window on the first story facing such a wall and do not extend more than thirty-six inches into the required area  of a yard, rear yard equivalent or court.   j.  A party wall not more than twelve inches into the required area of a yard, or rear yard equivalent or court.   k. Nothing in this section shall be deemed to prevent cutting off  the corners of any yard, rear yard equivalent or court, provided the running length  of  the  wall at the angle of such yard or court does not exceed seven feet.   l. In a  rear  yard  equivalent,  an  enclosed  passageway  connecting portions  of  separate  buildings  where such passageway does not exceed fourteen feet in height and fifteen feet in width measured  between  the outer faces of the walls thereof.   m.  In  a  city  with a population of one million or more, the area of yards, rear yard equivalents, courts or open  spaces  required  by  this section,  section  one hundred seventy-two or section two hundred twelve of this chapter shall not be deemed  to  be  reduced  or  obstructed  by exterior wall thickness of up to eight inches added to the exterior of a building  to  accommodate  the addition of insulation to the extent that such exterior  wall  thickness  is  a  permitted  obstruction  for  such building under the zoning resolution of such city.   10.  Nothing  contained in this section shall be deemed to prevent the turfing over of any yard or court space or the  planting  of  shrubs  or trees therein when approved by the department.   11.  Pending actions or proceedings. Nothing contained in this section shall affect or impair any act done, offense committed or right accruing or accrued or acquired, or liability, penalty, forfeiture or  punishment incurred  prior  to  December fifteenth, nineteen hundred sixty-one, but the same way may be enjoyed, asserted, enforced, prosecuted or inflicted as fully and to the same extend as if this section had not been enacted.