CITY OF NEW YORK 
 
 BOARD OF ESTIMATE AND APPORTIONMENT 
 
 BUILDING ZONE RESOLUTION 
 
 (Adopted July 25, 1916) 
 
 A Resolution regulating and limiting the height and bulk of buildings hereafter erected 
 and regulating and determining the area of yards, courts and other open spaces, 
 and regulating and restricting the location of trades and industries and the location 
 of buildings designed for specified uses and establishing the boundaries of districts 
 for the said purposes. 
 
 Be it resolved by the Board of Estimate and Apportionment of The City of 
 New York : 
 
 Article I — Definitions’ 
 
 § 1. Definitions. Certain words in this resolution are defined for the purposes 
 thereof as follows: 
 
 (a) Words used in the present tense include the future; the singular number in- 
 cludes the plural and the plural the singular; the word “lot” includes the word “plot”; 
 the word “building” includes the word “structure.” 
 
 (b) The “street line” is the dividing line between the street and the lot. 
 
 (c) The “width of the street” is the mean of the distances between the sides 
 thereof within a block. Where a street borders a public place, public park or navi- 
 gable body of water the width of the street is the mean width of such street plus 
 the width, measured at right angles to the street line, of such public place, public park 
 or body of water. 
 
 (d) The “curb level,” for the purpose of measuring the height of any portion 
 of a building, is the mean level of the curb in front of such portion of the building. 
 But where a building is on a corner lot the curb level is the mean level of the curb 
 on the street of greatest wi^th. If such greatest width occurs on more than one 
 street the curb level is the mean level of the curb on that street of greatest width 
 which has the highest curb elevation. The “curb level” for the purpose of regulating 
 and determining the area of yards, courts and open spaces is the mean level of the 
 curb at that front of the building where there is the highest curb elevation. Where 
 no curb elevation has been established or the building does not adjoin the street the 
 average ground level of the lot shall be considered the curb level. 
 
 (e) A “street wall” of a building, at any level, is the wall or part of the 
 building nearest to the street line. 
 
 (f) The “height of a building” is the vertical distance measured in the case of 
 flat roofs from the curb level to the level of the highest point of the roof beams 
 adjacent to the street wall, and in the case of pitched roofs from the curb level to 
 the mean height level of the gable. Where no roof beams exist or there are structures 
 wholly or partly above the roof the height shall be measured from the curb level 
 to the level of the highest point of the building. Where a building is a tenement 
 house as defined in the Tenement House Law the height of the building on the street 
 line shall be measured as prescribed in said law for the measurement of the height 
 of a tenement house and such measurement shall be from the curb level as that 
 term is used in said law. 
 
 (g) The “depth of a lot” is the mean distance from the street line of the lot 
 to its rear line measured in the general direction of the side lines of the lot. 
 
 (h) A “rear yard” is an open unoccupied space on the same lot with a building 
 between the rear line of the building and the rear line of the lot. 
 
 (i) The “depth of a rear yard” is the mean distance between the rear line of' 
 the building and the rear line of the lot. 
 
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 (j) Lots or portions of lots shall be deemed “back to back” when they are on 
 opposite sides of the same part of a rear line common to both and the opposite street 
 lines on which the lots front are parallel with each other or make an angle with 
 each other of not over 45 degrees. 
 
 (k) A “court” is an open unoccupied space, other than a rear yard, on the same 
 lot with a building. A court not extending to the street or to a rear yard is an 
 “inner court.” A court extending to the street or a rear yard is an “outer court.” 
 A court on the lot line extending through from the street to a rear yard or another 
 street is a “side yard.” 
 
 (l) The “height of a yard or a court” at any given level shall be measured 
 from the lowest level of such yard or court as actually constructed or from the curb 
 level, if higher, to such level. The highest level of any given wall bounding a court 
 or yard shall’ be deemed to be the mean height of such wall. Where a building is 
 a tenement house, as defined in the Tenement House Law, the height of a yard or a 
 court shall be measured as prescribed in such law. 
 
 (m) The “least dimension” of a yard or court at any level is the least of the 
 horizontal dimensions of such yard or court at such level. If two opposite sides of 
 a yard or court are not parailel the horizontal dimension between them shall be 
 deemed to be the mean distance between them. 
 
 (n) The “length of an outer court” at any given point shall be measured in the 
 
 general direction of the side lines of such court from the end opposite the end 
 
 opening on a street, or a rear yard, to such point. 
 
 Article II — Use Districts 
 
 § 2. Use Districts. For the purpose of regulating and restricting the location 
 of trades and industries and the location of buildings designed for specified uses, 
 the City of New York is hereby divided into three classes of districts: (1) residence 
 districts, (2) business districts, and (3) unrestricted districts; as shown on the use 
 district map which accompanies this resolution and is hereby declared to be part 
 hereof. The use districts designated on said map are hereby established. The use 
 district map designations and map designation rules which accompany said use district 
 map are hereby declared to be part thereof. No building or premises shall be erected 
 or used for any purpose other than a purpose permitted in the use district in which 
 such building or premises is located. 
 
 § 3. Residence Districts. In a residence district no building shall be erected 
 
 other than a building, with its usual accessories, arranged, intended or designed ex- 
 
 clusively for one or more of the following specified uses : 
 
 (1) Dwellings, which shall include dwellings for one or more families and board- 
 ing houses and also hotels which have thirty or more sleeping rooms. 
 
 (2) Clubs, excepting clubs the chief activity of which is a service customarily 
 carried on as a business. 
 
 (3) Churches. 
 
 (4) Schools, libraries or public museums. 
 
 (5) Philanthropic or eleemosynary uses or institutions, other than correctional 
 institutions. 
 
 (6) Hospitals and sanitariums. 
 
 (7) Railroad passenger stations. 
 
 (8) Farming, truck gardening, nurseries or green houses. 
 
 In a residence district no building or premises shall be used for any use other 
 than a use above specified for which buildings may be erected and for the accessory 
 uses customarily incident thereto. The term accessory use shall not include a busi- 
 ness nor shall it include any building or use not located on the same lot with the 
 
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 building or use to which it is accessory. A private garage for mc/re than five motor 
 vehicles shall not be deemed an accessory use. 
 
 § 4. Business Districts, (a) In a business district no building or premises 
 shall be used, and no building shall be erected which is arranged, intended or designed 
 to be used, for any of the following specified trades, industries or uses : 
 
 Ammonia, chlorine or bleaching powder manufacture. 
 
 Asphalt manufacture o’r refining. 
 
 Assaying (other than gold or silver). 
 
 Blacksmithing or horseshoeing. 
 
 Boiler making. 
 
 Brewing or distilling of liquors. 
 
 Carpet cleaning. 
 
 Celluloid manufacture. 
 
 Crematory. 
 
 Distillation of coal, woo'd or bones. 
 
 Dyeing or dry cleaning. 
 
 Electric central station power plant. 
 
 Fat rendering. 
 
 Fertilizer manufacture. 
 
 Garage for more than five motor vehicles, not including a warehouse where 
 motor vehicles are received for dead storage only, and not including a 
 salesroom where motor vehicles are kept for sale or for demonstration 
 purposes only. 
 
 Gas (illuminating or heating) manufacture or storage. 
 
 Glue, size and gelatine manufacture. 
 
 Incineration or reduction of garbage, offal, dead animals or refuse. 
 
 Iron, steel, brass o'r copper works. 
 
 Junk, scrap paper or rag storage or baling. 
 
 Lamp black manufacture. 
 
 Lime, cement or plaster of Paris manufacture. 
 
 Milk bottling and distributing station. 
 
 Oil cloth or linoleum manufacture. 
 
 Paint, oil, varnish or turpentine manufacture. 
 
 Petroleum refining or storage. 
 
 Printing ink manufacture. 
 
 Raw hides or skins — storage, curing o'r tanning. 
 
 Repair shop for motor vehicles. 
 
 Rubber manufacture from the crude material. 
 
 Saw or planing mill. 
 
 Shoddy manufacture or wool scouring. 
 
 Slaughtering of animals. 
 
 Smelting. 
 
 Soap manufacture. 
 
 Stable for more than five horses. 
 
 Starch, glucose or dextrine manufacture. 
 
 Stock yards. 
 
 Stone or monumental works. 
 
 Sugar refining. 
 
 Sulphurous, sulphuric, nitric or hydrochloric acid manufacture. 
 
 Tallow, grease or lard manufacturing or refining. 
 
 Tar distillation or manufacture. 
 
 Tar roofing or tar waterproofing manufacture. 
 
4 
 
 (b) In a business district no building or premises shall be used, and no build- 
 ing shall be erected, which is arranged, intended or designed to be used for any trade, 
 industry or use that is noxious or offensive by reason of the emission of odor, dust, 
 smoke, gas or noise; but car barns or places of amusement shall not be excluded. 
 
 (c) In a business district no building or premises shall be used, and no building 
 shall be erected, which is arranged, intended or designed to be used for any kind of 
 manufacturing, except that any kind of manufacturing not included within the pro- 
 hibitions of paragraphs a and b of this section may be carried on provided not more 
 than 25 per cent, of the total floor space of the building is so used, but space equal 
 to the area of the lot may be so used in any case, although in excess of said 25 
 per cent. The printing of a newspaper shall not be deemed manufacturing. No use 
 permitted in a residence district by section 3 shall be excluded from a business district. 
 
 § 5. Unrestricted Districts. The term “unrestricted district” is used to desig- 
 nate the districts for which no regulations or restrictions are provided by this article. 
 
 § 6. Existing Buildings and Premises. In any building or premises any law- 
 ful use existing therein at the time of the passage of this resolution may be contin- 
 ued therein, although not conforming to the regulations of the use district in which 
 it is maintained, or such use may be changed or converted or extended throughout 
 the building, provided, in either case, that no structural alterations, except as required 
 by existing laws and ordinances, are made therein and no new building is erected, 
 and provided further that : 
 
 (1) In a residence district no building or premises unless now devoted to a . use 
 that is by section 4 prohibited in a business district, shall be converted to such use ; and 
 
 (2) In a residence or business district no building or premises unless now devoted 
 to a use that is by paragraph a or b of section 4 prohibited in a business district 
 shall be converted to such use. 
 
 No existing building designed, arranged, intended or devoted to a use not per- 
 mitted by this article in the district in which such use is located shall be enlarged, 
 extended, reconstructed or structurally altered unless such use is changed to a use 
 permitted in the district in which such building is located ; except that such building 
 may be reconstructed or structurally altered to an extent not greater than 50 per 
 cent, of the value of the building, exclusive of foundations, for the purpose of con- 
 tinuing therein, without any extension thereof, a lawful use existing therein at the 
 time of the passage of this resolution, and such use may be continued therein, al- 
 though not conforming to the regulations of the use district in which it is maintained. 
 
 § 7. Use District Exceptions. The Board of Appeals, created by chapter 503 
 of the laws of 1916, may, in appropriate cases, after public notice and hearing, and 
 subject to appropriate conditions and safeguards, determine and vary the application 
 of the use district regulations herein established in harmony with their general pur- 
 pose and intent as follows: 
 
 (a) Permit the extension of an existing building and the existing use thereof upon 
 the lot occupied by such building at the time of the passage of this resolution or 
 permit the erection of an additional building upon a lot occupied at the time of the 
 passage of this resolution by a commercial or industrial establishment and which 
 additional building is a part of such establishment ; 
 
 (b) Where a use district boundary line divides a lot in a single ownership at 
 the time of the passage of this resolution, permit a use authorized on either portion 
 of such lot to extend to the entire lot, but not more than 25 feet beyond the boundary 
 line of the district in which such use is authorized; 
 
 (c) Permit the extension of a building into a more restricted district under 
 such conditions as will safeguard the character of the more restricted district; 
 
5 
 
 (d) Permit in a residence district a central telephone exchange or any building or 
 use in keeping with the uses expressly enumerated in section 3 as the purposes for which 
 buildings or premises may be erected or used in a residence district; 
 
 (e) Permit in a business district the erection of a garage or stable in any portion 
 of a street between two intersecting streets in which portion or block there exists a 
 public garage Or public stable at the time of the passage of this resolution; 
 
 (f) Grant in undeveloped sections of the city temporary and conditional permits 
 for not more than two years for structures and uses in contravention of the require- 
 ments of this article. 
 
 Article III — Height Districts 
 
 § 8. Height Districts. For the purpose of regulating and limiting the height 
 and bulk of buildings hereafter erected, the City of New York is hereby divided into 
 five classes of districts: (a) one times districts, (b) one and one-quarter times 
 districts, (c) one and one-half times districts, (d) two times districts, (e) two and 
 one-half times districts; as shown on the height district map which accompanies 
 this resolution and is hereby declared to be part hereof. The height districts desig- 
 nated on said map are hereby established. The height district map designations 
 and map designation rules which accompany said height district map are hereby 
 declared to be part thereof. No building or paVt of a building shall be erected except 
 in conformity with the regulations herein prescribed for the height district in which 
 such building is located. 
 
 (a) In a one times district no building shall be erected to a height in excess of 
 the width of the street, but for each one foot that the building or a portion of it 
 sets back from the street line two feet shall be added to the height limit of such 
 building or such portion thereof. 
 
 (b) In a one and one-quarter times district no building shall be erected to a 
 height in excess of one and one-quarter times the width of the street, but for each 
 one foot that the building or a portion of it sets back from the street line two and 
 one-half feet shall be added to the height limit of such building or such portion 
 thereof. 
 
 (c) In a one and one-half times district no building shall be erected to a height 
 
 in excess of one and one-half times the width of the street, but for each one foot 
 
 that the building or a portion of it sets back from the street line three feet shall 
 be added to the height limit of such building or such portion thereof. 
 
 (d) In a two times district no building shall be erected to a height in excess of 
 twice the width of the street, but for each one foot that the building or a portion 
 of it sets back from the street line four feet shall be added to the height limit of 
 such building or such portion thereof. 
 
 (e) In a two and one-half times district no building shall be erected to a height 
 
 in excess of two and one-half times the width of the street, but for each one foot 
 
 that the building or a portion of it sets back from the street line five feet shall be 
 added to the height limit of such building or such portion thereof. 
 
 § 9. Height District Exceptions, (a) On streets less than 50 feet in width 
 the same height regulations shall be applied as on streets 50 feet in width and, except 
 for the purposes of paragraph d of this section, on streets more than 100 feet in width 
 the same height regulations shall be applied as on streets 100 feet in width. 
 
 (b) Along a narrower street near its intersection with a wider street, any 
 building or any part of any building fronting on the narrower street within 100 
 feet, measured at right angles to the side of the wider street, shall be governed 
 by the height regulations provided for the wider street. A corner building on such 
 intersecting streets shall be governed by the height regulations provided for the 
 
6 
 
 wider street for 150 feet from the side of such wider street, measured along such 
 narrower street. 
 
 (c) Above the height limit at any level for any part of a building a dormer, 
 elevator bulkhead or other structure may be erected provided its frontage length 
 on any given street be not greater than 60 per cent of the length of such street 
 frontage of such part of the building. Such frontage length of such structure at 
 any given level shall be decreased by an amount equal to one per cent of such street 
 frontage of such part of the building for every foot such level is above such height 
 limit. If there are more than one such structures, their aggregate frontage shall not 
 exceed the frontage length above permitted at any given level. 
 
 (d) If the area of the building is reduced so that above a given level it covers 
 in the aggregate not more than 25 per cent, of the area of the lot, the building above 
 such level shall be excepted from the foregoing provisions of this article. Such por- 
 tion of the building may be erected to any height, provided that the distance which it 
 sets back from the street line on each street on which it faces, plus half of the 
 width of the street, equals at least 75 feet. But for each one per cent, of the width 
 of the lot on the street line that such street wall is less in length than such width of 
 the lot, such wall may be erected four inches nearer to the street line. 
 
 (e) When at the time plans are filed for the erection of a building there are 
 buildings in excess of the height limits herein provided within 50 feet of either end 
 of the street frontage of the proposed building or directly opposite such building 
 across the street, the height to which the street wall of the proposed building may 
 rise shall be increased by an amount not greater than the average excess height of the 
 walls on the street line within 50 feet of either end of the street frontage of the pro- 
 posed building and at right angles to the street frontage of the proposed building on 
 the opposite side of the street. The average amount of such excess height shall be 
 computed by adding together the excess heights above the prescribed height limit for 
 the street frontage in question of all of the walls on the street line of the buildings 
 and parts of buildings within the above defined frontage and dividing the sum by the 
 total number of buildings and vacant plots within such frontage. 
 
 (f) Nothing in this article shall prevent the projection of a cornice beyond the 
 street wall to an extent not exceeding five per cent, of the width of the street nor 
 more than five feet in any case. Nothing in this article shall prevent the erection 
 above the height limit of a parapet wall or cornice solely for ornament and without 
 windows extending above such height limit not more than five per cent, of such 
 height limit, but such parapet wall or cornice may in any case be at least five and 
 one-half feet high above such height limit. 
 
 (g) The provisions of this article shall not apply to the erection of church spires, 
 belfries, chimneys, flues or gas holders. 
 
 (h) Where not more than 50 feet of a street frontage would otherwise be sub- 
 jected to a height limit lower than that allowed immediately beyond both ends of 
 such frontage, the height limit on such frontage shall be equal to the lesser of such 
 greater height limits. 
 
 (i) If an additional story or stories are added to a building existing at the time 
 of the passage of this resolution, the existing walls of which are in excess of the 
 height limits prescribed in this article, the height limits for such additional story or 
 stories shall be computed from the top of the existing walls as though the latter were 
 not in excess of the prescribed height limits and the carrying up of existing elevator 
 and stair enclosures shall be exempted from the provisions of this article. 
 
 Article IV — Area Districts 
 
 § 10. Area Districts. For the purpose of regulating and determining the area 
 of yards, courts and other open spaces for buildings hereafter erected, the City of 
 
7 
 
 New York is hereby divided into five classes of area districts: A, B, C, D and E; 
 as shown on the area district map which accompanies this resolution and is hereby 
 declared to be part hereof. The area districts designated on said map are hereby 
 established. The area district map designations and map designation rules which 
 accompany said area district map are hereby declared to be a part thereof. No build- 
 ing or part of a building shall be erected except in conformity with the regulations 
 herein prescribed for the area district in which such building is located. Unless other- 
 wise expressly provided the term rear yard, side yard, outer court or inner co'urt 
 when used in this article shall be deemed to refer only to a rear yard, side yard, 
 outer court or inner court required by this article. No lot area shall be so reduced 
 or diminished that the yards, courts or open spaces shall be smaller than prescribed 
 in this article. 
 
 § 11. A Districts. In an A district a court at any given height shall be at least 
 one inch in least dimension for each one foot of such height. 
 
 § 12. B Districts. In a B district a rear yard at any given height shall be at 
 least two inches in least dimension for each one foot of such height. The depth of a 
 rear yard at its lowest level shall be at least 10 per cent, of the depth of the lot, but 
 need not exceed 10 feet at such level. An outer court or a side yard at any given 
 
 height shall be at least one inch in least dimension for each one foot of such height. An 
 
 outer court at any given point shall be at least one and one-half inches in least dimen- 
 sion for each one foot of length. But for each one foot that an outer court at any 
 given height would, under the above rules, be wider in its least dimension for such 
 height than the minimum required by its length, one inch shall be deducted from the 
 required least dimension for such height for each 24 feet of such height. A side yard 
 for its length within 50 feet of the street may for the purposes of the above rule be 
 considered an outer court. 
 
 § 13. C Districts, (a) In a C district a rear yard at any given height shall be 
 at least three inches in least dimension for each one foot of such height. The depth of 
 a rear yard at its lowest level shall be at least 10 per cent, of the depth of the lot but 
 need not exceed 10 feet at such level. An outer court or a side yard at any given 
 
 height shall be at least one and one-half inches in least dimension for each one fo'ot 
 
 of such height. An outer court at any given point shall be at least one and one-half 
 inches in least dimension for each one foot of length. On a lot not more than 30 
 feet in mean width an outer co'urt or a side yard at any given height shall be not 
 
 less than one inch in least dimension for each one foot of such height, and an inner 
 
 court at any given height shall be either (1) not less than two inches in least dimen- 
 sion for each one foot of such height or (2) it shall be of an equivalent area as 
 hereinafter specified in paragraph c of section 17. 
 
 (b) If the owner o'r owners of any part of a C district set aside perpetually 
 
 for the joint recreational use of the residents of such part designated by them, an 
 
 area at least equal to 10 per cent, of the area of such part in addition to all yard 
 and court requirements for a B district, such part shall be subject to the regulations 
 herein prescribed for a B district. Such joint recreational space shall be composed of 
 o'ne or more tracts, each of which shall be at least 40 feet in least dimension and 
 5,000 square feet in area and shall be approved by the Board of Appeals as suitable 
 for the joint recreational use of such residents. 
 
 § 14. D Districts, (a) In a D district a rear yard at any given height shall be 
 at least four inches in least dimension for each one foot of such height. The depth of 
 a rear yard at its lowest level shall be at least 10 per cent, of the depth of the lot, but 
 need not exceed 10 feet at such level. If a building in a D district is located in a 
 residence district as designated on the use district map, the depth of a rear yard 
 
8 
 
 at its lowest level shall be at least 20 per cent, of the depth of the lot, but need not 
 exceed 20 feet at such level. However, for each one foot in excess of 10 feet of the 
 depth of such rear yard at its lowest level, there may be substituted one foot of depth 
 of unoccupied space across the whole width of the front of the lot at the curb level 
 between the street line and the street wall of the building. 
 
 (b) In a D district an outer court or a side yard at any given height shall be at 
 least two inches in least dimension for each one foot of such height. An outer court 
 at any given point shall be at least two inches in least dimension for each one foot of 
 length. On a lot not more than 30 feet in mean width an outer court or a side 
 yard at any given height shall be not less than one and one-half inches in least 
 dimension for each one foot of such height. On such lot an outer court at any 
 given point shall be not less than one and one-half inches in least dimension for 
 each one foot of length. On such lot an inner court at any given height shall be 
 either (1) not less than three inches in least dimension for each one foot of such 
 height or (2) it shall be of an equivalent area as specified in paragraph c of section 17. 
 
 (c) In a D district no building located within a residence district as designated 
 on the use district map shall occupy at the curb level more than 60 per cent, of the 
 area of the lot, if an interior lot, or 80 per cent, if a corner lot. In computing such 
 percentage any part of the area of any corner lot in excess of 8,000 square feet shall be 
 considered an interior lot. 
 
 (d) If the owner or owners of any part of a D district set aside perpetually 
 for the joint recreational use of the residents of such part designated by them, an 
 area at least equal to 10 per cent, of the area of such part in addition to all yard and 
 court requirements for a C district, such part shall be subject to the regulations herein 
 prescribed for a C district. Such joint recreational space shall be composed of one or 
 more tracts, each of which shall be at least 40 feet in least dimension and 5,000 square 
 feet in area and shall be approved by the Board of Appeals as suitable for the joint 
 recreational use of such residents. 
 
 § 15. E Districts, (a) In an E district a rear yard at any given height shall 
 
 be at least five inches in least dimension for each one foot of such height. The depth 
 
 of a rear yard at its lowest level shall be at least 15 per cent, of the depth of the lot, 
 but need not exceed 15 feet at such level. If a building in an E district is located in a 
 residence district as designated on the use district map, the depth of a rear yard at 
 its lowest level shall be at least 25 per cent, of the depth of the lot, but need not 
 
 exceed 25 feet at such level. However, for each one foot in excess of 10 feet of the 
 
 depth of such rear yard at its lowest level there may be substituted one foot of depth 
 of unoccupied space across the whole width of the front of the lot at the curb level 
 between the street line and the street wall of the building. In an E district on at 
 least one side of every building located within a residence district there shall be a 
 side yard along the side lot line for the full depth of the lot or back to the rear yard. 
 
 (b) In an E district an outer court or side yard at any given height shall be 
 at least two and one-half inches in least dimension for each one foot of such height. 
 On a lot not more than 50 feet in mean width an outer court or a side yard at any 
 given height shall be at least two inches in least dimension for each one foot of such 
 height. An outer court at any given point shall be at least two and one-half inches 
 in least dimension for each one foot of length. 
 
 (c) In an E district no building located within a residence district as designated 
 on the use district map shall occupy at the curb level more than 50 per cent, of the 
 area of the lot, if an interior lot, or 70 per cent, if a corner lot, and above a level 18 
 feet above the curb no building shall occupy more than 30 per cent, of the area of 
 the lot, if an interior lot, or 40 per cent, if a corner lot. In computing such percentage 
 any part of the area of any corner lot in excess of 8,000 square feet shall be con- 
 sidered an interior lot. 
 
9 
 
 § 16. Rear Yards, (a) Except in A districts, for lots or portions of lots 
 that are back to back there shall be rear yards extending along the rear lot lines of 
 such lots or portions of lots wherever they are more than 55 feet back from the near- 
 est street. Such rear yard shall be at least of the area and dimensions herein pre- 
 scribed for the area district in which it is located at every point along such rear lot 
 line. Within 55 feet of the nearest street no rear yards shall be required. No rear 
 yard shall be required on any corner lot nor on the portion of any lot that is back to 
 back with a corner lot. 
 
 (b) Where a building is not within a residence district as designated on the use 
 district map, the lowest level of a rear yard shall not be above the sill level of the 
 second story windows, nor in any case more than 23 feet above the curb level. Where 
 a building is within a residence district the lowest level of a rear yard shall not be 
 above the curb level, except that not more than 40 per cent, of the area of the yard 
 may be occupied by the building up to a level 18 feet above the curb level. In the 
 case of a church, whether within or without a residence district, such 40 per cent, 
 may be occupied up to a level of 30 feet above the curb level. 
 
 (c) Chimneys or flues may be erected within a rear yard provided they do not 
 exceed five square feet in area in the aggregate and do not obstruct ventilation. 
 
 (d) Except in A districts, where a building on an interior lot between lots for 
 which rear yards are required runs through the block from street to street or to 
 within 55 feet of another street, there shall be on each side lot line above the sill 
 level of the second story windows and in any case above a level 23 feet above the 
 curb level a court of at least equivalent area at any given height to that required foi 
 an inner court at such height and having a least dimension not less than that requirec 
 for an outer court at the same height. 
 
 (e) When a proposed building is on a lot which is back to back with a lot or lots 
 
 on which there is a building or buildings having rear yards less in depth than would be 
 required under this article, the depth of the rear yard of the proposed building shall 
 not be required to be greater at any given level than the average depth of the rear 
 yards directly back to back with it at such level, but in no case shall the depth of 
 
 such rear yard be less at any height than the least dimension prescribed for an outer 
 
 court at such height. 
 
 § 17. Courts, (a) If a room in which persons live, sleep, work or con- 
 gregate receives its light and air in whole or in part directly from an open space on 
 the same lot with the building, there shall be at least one inner court, outer court, 
 side yard or rear yard upon which a window or ventilating skylight opens from such 
 room. Such inner court, outer court or side yard shall be at least of the area and 
 dimensions herein prescribed for the area district in which it is located. Such rear 
 yard shall be at least of the area and dimensions herein prescribed for an inner 
 court in the area district in which it is located. In an A district, such inner court, 
 outer court, side yard or rear yard shall be at least of the area and dimensions herein 
 prescribed for a court in such district. The unoccupied space within the lot in front 
 
 of every part of such window shall be not less than three feet, measured at right 
 
 angles thereto. Courts, yards and other open spaces, if provided in addition to those 
 required by this section, need not be of the area and dimensions herein prescribed. 
 The provisions of this section shall not be deemed to apply to courts or shafts for 
 bathrooms, toilet compartments, hallways or stairways. 
 
 (b) The least dimension of an outer court, inner court or side yard at its 
 lowest level shall be not less than four feet, except that where the walls bounding 
 a side yard within the lot are not more than 25 feet in mean height and not more 
 than 40 feet in length, such least dimension, except in an E district, may be not less 
 than three feet. Where any outer court opens on a street such street may be consid- 
 ered as part of such court. 
 
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 (c) The least dimension of an inner court at any given height shall be not less 
 than that which would be required in inches for each one foot of height for a rear 
 yard of the same height, except that an inner court of equivalent area may be sub- 
 stituted for said court, provided that for such area its least dimension be not less 
 than one-half of its greatest dimension. If an inner court is connected with a street 
 by a side yard for each one foot that such side yard is less than 65 feet in depth 
 from the street, one square foot may be deducted from the required area of the inner 
 court for each 15 feet of height of such court. If the lot is not required under this 
 resolution to have a rear yard, an outer court, not opening on a street, shall open at 
 any level on an inner court on the rear line of the lot and such inner court shall be 
 deemed a rear yard in such case. 
 
 § 18. Area District Exceptions, (a) The area required in a court or yard 
 at any given level shall be open from such level to the sky unobstructed, except 
 for the ordinary projections of skylights and parapets above the bottom of such 
 court or yard, and except for the ordinary projections of window sills, belt courses, 
 cornices and other ornamental features to the extent of not more than four inches. 
 However, where a side yard or an outer court opens on a street a cornice may project 
 not over five feet into such side yard or outer court within five feet of the street 
 wall of the building. 
 
 (b) An open or lattice enclosed iron fire escape, fireproof outside stairway or 
 solid-floored balcony to a fire tower may project not more than four feet into a rear 
 yard or an inner court, except that an open or lattice enclosed iron fire escape may 
 project not more than eight feet into a rear yard or into an inner court when it 
 does not occupy more than 20 per cent, of the area of such inner court. 
 
 (c) A corner of a court or yard may be cut off between walls of the same 
 building provided that the length of the wall of such cut-off does not exceed seven feet. 
 
 (d) An offset to a court or yard may be considered as a part of such court 
 or yard provided that it is no deeper in any part than it is wide on the open side 
 and that such open side be in no case less than six feet wide. 
 
 (e) If a building is erected on the same lot with another building the several 
 buildings shall, for the purposes of this article, be considered as a single building. 
 Any structure, whether independent of or attached to a building, shall for the purposes 
 of this article be deemed a building or a part of a building. 
 
 (f) If an additional story or stories are added to 'a building existing at the 
 time of the passage of this resolution, the courts and yards of which do not conform 
 to the requirements of this article, the least dimensions of yards and courts shall 
 be increased from the top of the existing yard or court walls, as though they were 
 of the prescribed dimensions at such heights and the carrying up of existing elevator 
 and stair enclosures shall be exempted from the provisions of this article. 
 
 Article V — General and Administrative 
 
 § 19. Interpretation; Purpose. In interpreting and applying the provisions 
 of this resolution, they shall be held to be the minimum requirements adopted for the 
 promotion of the public health, safety, comfort, convenience and general welfare. It 
 is not intended by this resolution to repeal, abrogate, annul or in any way to impair 
 or interfere with any existing provision of law or ordinance or any rules, reg- 
 ulations or permits previously adopted or issued or which shall be adopted or issued 
 pursuant to law relating to the use of buildings or premises ; nor is it intended by this 
 resolution to interfere with or abrogate or annul any easements, covenants or other 
 agreements between parties; provided, however, that where this resolution imposes a 
 greater restriction upon the use of buildings or premises or upon height of buildings 
 or requires larger yards, courts or other open spaces than are imposed or required by 
 
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 such existing provision of law or ordinance or by such rules, regulations or permits 
 or by such easements, covenants or agreements, the provisions of this resolution 
 shall control. 
 
 § 20. Rules and Regulations; Modifications of Provisions. The Board of 
 Standards and Appeals, created by chapter 503 of the laws of 1916, shall adopt 
 from time to time such rules and regulations as they may deem necessary to carry 
 into effect the provisions of this resolution. Where there are practical difficulties or 
 unnecessary hardships in the way of carrying out the strict letter of the provisions of 
 this resolution the Board of Appeals shall have power in a specific case to vary any 
 such provision in harmony with its general purpose and intent, so that the public 
 health, safety and general welfare may be secured and substantial justice done. Where 
 the street layout actually on the ground varies from the street layout as shown on 
 the use, height or area district map, the designation shown on the mapped street shall 
 be applied by the Board of Appeals to the unmapped streets in such a way as to carry 
 out the intent and purpose of the plan for the particular section in question. Before 
 taking any action authorized in this section the Board of Appeals shall give public 
 notice and hearing. 
 
 § 21. Unlawful Use; Certificate of Occupancy. It shall be unlawful to use or 
 permit the use of any building or premises or part thereof hereafter created, erected, 
 changed or converted wholly or partly in its use or structure until a certificate of occu- 
 pancy to the effect that the building or premises or the part thereof so created, erected, 
 changed or converted and the proposed use thereof conform to the provisions of this 
 resolution shall have been issued by the superintendent of buildings of the borough in 
 which such building or premises is located, or, in the case of a tenement house as de- 
 fined in the Tenement House Law, by the tenement house commissioner. In the case 
 of such buildings or premises it shall be the duty of the superintendent of buildings or 
 the tenement house commissioner, as the case may be, to issue a certificate of occupancy 
 within ten days after a request for the same shall be filed in his office by any owner 
 of a building or premises affected by this resolution, provided said building or prem- 
 ises, or the part thereof so created, erected, changed or converted, and the proposed use 
 thereof, conforms with all the requirements herein set forth. Under rules and regula- 
 tions of the Board of Standards and Appeals a temporary certificate of occupancy for 
 a part of a building may be issued by the superintendent of buildings or the tenement 
 house commissioner as the case may be. Upon written request from the owner, the 
 superintendent of buildings or the tenement house commissioner, as the case may be, 
 shall issue a certificate of occupancy for any building or premises existing at the time 
 of the passage of this resolution certifying after inspection the use of the building or 
 premises and whether such use conforms to the provisions of this resolution. 
 
 § 22. Enforcement, Legal Procedure, Penalties. This resolution shall be en- 
 forced by the tenement house commissioner, the fire commissioner and by the super- 
 intendent of buildings in each borough under the rules and regulations of the Board of 
 Standards and Appeals. The tenement house commissioner shall enforce the provi- 
 sions herein contained in so far as they affect or relate to tenement houses as defined 
 by the Tenement House Law. The superintendent of buildings shall in each borough 
 enforce the provisions herein contained in so far as they relate to buildings or prem- 
 ises ottier than tenement houses. The fire commissioner shall enforce the provisions 
 herein contained in so far as they relate to the use of completed buildings or prem- 
 ises, or part thereof, other than tenement houses. For any and every violation of the 
 provisions of this resolution or of the rules and regulations adopted thereunder, the 
 owner, general agent or contractor of a building or premises where such violation 
 has been committed or shall exist, and the lessee or tenant of an entire building or 
 entire premises where such violation nas been committed or shall exist, and the 
 
12 
 
 owner, general agent, contractor, lessee or tenant of any part of a building or prem- 
 ises in which part such violation has been committed or shall exist, and the general 
 agent, architect, builder, contractor or any otner person who commits, takes part or as- 
 sists in such violation or who maintains any building or premises in which any such 
 violation shall exist, shall be liable to the same legal procedure and the same penal- 
 ties as are prescribed in any law, statute or ordinance for violations of the Building 
 Code, and for such violations the same legal remedies shall be had and they shall be 
 prosecuted in the same manner as prescribed in any law or ordinance in the case 
 of violations of said Building Code. 
 
 § 23. Amendments, Alterations and Changes in District Lines. The Board 
 
 of Estimate and Apportionment may from time to time on its own motion or on peti- 
 tion, after public notice and hearing, amend, supplement or change the regulations 
 and districts herein established. Whenever the owners of 50 per cent, or more of 
 the frontage in any district or part thereof snail present a petition duly signed and 
 acknowledged to the Board of Estimate and Apportionment requesting an amend- 
 ment, supplement, change or repeal of the regulations prescribed for such district 
 or part thereof, it shall be the duty of the Board to vote upon said petition within 
 90 days after the filing of the same by the petitioners with the secretary of the Board. 
 If, however, a protest against such amendment, supplement or change be presented, 
 duly signed and acknowledged by the owners of 20 per cent, or more of any front- 
 age proposed to be altered, or by the owners of 20 per cent, of the frontage immediately 
 in the rear thereof, or by the owners of 20 per cent, of the frontage directly opposite 
 the frontage proposed to be altered, such amendment shall not be passed except by 
 the unanimous vote of the Board. If any area is hereafter transferred to another 
 district by a change in district boundaries by an amendment, as above provided, the 
 provisions of this resolution in regard to buildings or premises existing at the time 
 of the passage of this resolution shall apply to buildings or premises existing at the 
 time of passage of such amendment in such transferred area. 
 
 § 24. Completion and Restoration of Existing Buildings, (a) Nothing herein 
 contained shall require any change in the plans, construction or designated use 
 of a building for which a building permit has been heretofore issued, or plans 
 for which are on file with the building superintendent or with the tenement 
 house department at the time of the passage of this resolution, and a permit for 
 the erection of wnich is issued within three months of the passage of this resolution 
 and the construction of which, in either case, shall have been diligently prosecuted 
 within a year of the date of such permit, and the ground story framework of 
 which, including the second tier of beams, shall have been completed within such 
 year, and which entire building shall be completed according to such plans as filed 
 within five years from the date of the passage of this resolution. 
 
 (b) Nothing in this resolution shall prevent the restoration of a building wholly 
 or partly destroyed by fire, explosion, act of God or act of the public enemy or pre- 
 vent the continuance of the use of such building or part thereof as such use existed 
 at the time of such destruction of such building or part thereof or prevent a change 
 of such existing use under the limitations provided in Section 6. Nothing in this 
 resolution shall prevent the restoration of a wall declared unsafe by the superintendent 
 of buildings or by a board of survey. 
 
 § 25. When Effective. This resolution shall take effect immediately.