How much can a lot be covered by buildings?
My neighbor owns a 16’8″ wide x 100 foot lot that’s currently built with a 38 x 16.8 3 story plus cellar. They’ve started excavating almost all the backyard to prepare space for a foundation for a two story extension. From the DoB I’ve ascertained that from the square footage they’re adding in the extension…
My neighbor owns a 16’8″ wide x 100 foot lot that’s currently built with a 38 x 16.8 3 story plus cellar. They’ve started excavating almost all the backyard to prepare space for a foundation for a two story extension. From the DoB I’ve ascertained that from the square footage they’re adding in the extension means it’s going to be 30 foot long. That will mean that 68 out of 100 feet depth will be built on. It’s zoned R6 but in the partial approval they’ve received from the DoB they’re changing the CofO from a 3 fam to a 3 family plus Office.
I thought there was some limit (like 50%) on how much of the ground R6 lot could be covered by a building.
Am I wrong?
from Z.R. of NY
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.
I know from the DoB they’re adding just under 1,000 sq ft in the two story addition, which based on the lot width means 60 feet of new construction. From looking at the size of the trench they’ve dug for the foundation I’d estimate it’s probably about 40′ long so presumably the other 20′ will be on the 2nd floor for residential allowing that portion to conform to the 30′ yard rule.
Now of course if the 2nd floor residence used the remaining 20 feet as a roof deck they’d probably be in breach of the 30′ rule but I would never imagine the DoB getting upset over that.
The discussion of a 30′ setback only applies to the residential use portion of the building. A commercial floor (it must be all commercial not split use) does not need any setback from the rear yard, nor is it governed by the same lot coverage rules.
But this applies only to the commercial portion of the building. If the building is zoned for a commercial overlay but used as residential entirely then the 30′ rule would apply. So it’s not clear from your description if the building behind you is complying.
So — you could potentially add to your own rear yard in the same way, on the ground floor only, as long as the floor were entirely commercial use. Calling a room an office within a residence wouldn’t do the trick, the commercial area has to be a separate unit, with its own entrance and fire separations.
11:25 you’re right it does fall within a C1-3 commercial overlay within R6 and therefore it would appear that they’re exempt from the 30′ rear yard, despite them being the fourth lot back from the corner and on a residential street.
While I don’t particularly like that there’s going to be a building so close to my rear lot line, if it’s the law then that’s tough for me. However, I suppose the good news is that we too fall within this commercial overlay so if I wanted to build out the 1st & 2nd floors as office space then we can as we have 1,360 sq ft of available FAR.
For those of you who got pissy at me all I was trying to establish was whether what my neighbor was doing was kosher and I now know it is so I can’t complain.
To those who offered pointers and advice thanks for your input.
Actually I think the 100′ exemption to the rear yard setback for properties not on the corner lot may have something to do with commercial overlays. Does the property lie within 100′ of an avenue with stores/offices? Might explain the reason why the application mentions “office”. My neighbor tried to overbuild even with this commercial overlay and after one call to 311 the DoB made him remove the offending partof the building. Simple greed… Remember they are stealing YOUR light and air.
Guest 6:35, nobody in Australia drinks Fosters. Mostly an export brand.
You want to buy your friend a Victoria Bitter.
Totally agree. People will try to get away with anything, and if it wasn’t for laws (or building codes) it would be chaos. Go to third world cities or us cities with weak zoning to see what a disaster results.
Your neighbors may be hurting the value of your property by building too close to you, so stand up for your rights.
I am not sure who is screwing who but we’re all subject to zoning laws and they should be enforced – if someone tries to build outside the zoning laws then they should be prohibited from doing so. There are 30′ yard provisions for a reason and if you don’t like them then you should try and have them changed not decide to build anyway.
And 6:35 – do you want to meet @ Dub’s pies in Redhook or Sheep Station on 4th Ave. 😉
Hey, Aussie: Sorry about the idiotic pigs on this thread. This is America where manifest destiny and property rights are king. Anything less the extreme selfishness might mean squashing one’s sacred individuality. And the idea that considering ones neighbors — rather than simply imposing one’s will — might be the better thing to do is considered a Marxist plot. Lemme buy ya a Fosters and a meat pie next time I’m over in Cobble Hill.