by James Anzalone, RA
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New York City zoning regulations and requirements are legendary in confusion and complexity. James Anzalone helps us sort it all out. |
December 2002
The Floor Area Ratio (FAR) of a given site is typically the most powerful governing factor when determining the maximum bulk of a building. Learn how the Zoning Resolution defines floor area and use it to your advantage:
Zoning ‘Floor Area’:
Zoning ‘Floor Area’ is a common term used to describe portions of a building’s floor area which must be counted when calculating the maximum bulk of a proposed building. It is distinct from a building’s ‘Gross Floor Area’, in that some portions of the Gross Floor Area may be deducted, and therefore not counted as floor area for zoning purposes.
The Zoning Resolution definition of floor area is extensive, and explains very specifically which portions of a building count, and which do not. Since the value of usable floor area in NYC is so precious, any deductions are welcome and should be maximized whenever possible.
Basement or Cellar?
The floor area of the lowest story of a building may be deducted when it is a cellar. A basement, however, may not be deducted*. A cellar is defined as a story having one-half or more of its clear height below the curb level, while a basement is defined as a story having less than one-half of its clear height below the curb level.
‘Mechanical Deductions’
The floor space used for mechanical equipment, regardless of the story on which it is located, may be deducted**. This includes such elements as mechanical equipment rooms and vertical duct & utility shafts. To be eligible for Mechanical Deductions, the Architect must provide floor plans indicating each mechanical area to be deducted. These mechanical areas should also be tabulated and included as part of the zoning calculations. Further, the Mechanical Engineer’s plans must show mechanical equipment in the declared mechanical rooms to substantiate the deductions.
Typically, the Department of Buildings will accept Mechanical Deductions totaling about 2% of the building’s gross floor area. Anything above this percentage may raise objections.
Use of Mechanical Deductions for additions to existing buildings:
Mechanical Deductions can sometimes be used as a method of adding new floor area to an existing building. If the Architect can demonstrate that an existing building’s floor area has not been maximized because there are mechanical deductions to be taken, she may be able to ‘buy back’ floor area and use it for a building addition; perhaps a new penthouse apartment.
Notes:
* Cellar space used for dwelling purposes shall be counted. The lowest story of a Residential building (whether a basement or a cellar) may be deducted under certain conditions when the Residential building contains not more that two stories above the lowest story.
** Mechanical Deductions are subject to further restrictions for certain Residential buildings.
Future Articles:
Keep an eye here in Blueline for future installments of The Zoning Corner to learn more about the in's and out's of Zoning, and for some interesting case studies.
Contact Us today if you have questions about the NYC Zoning Process, or for a free quote on your project.
By telephone: 1-800-540-7024
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