R9A Zoning NYC
R9A Zoning in NYC is high density contextual residential zoning district. This is contextual zoning which means following the Quality Housing Program requirements.
This post will only be addressing R9A Zoning, here is a list of all the other R9 Zoning Districts.
R9 Zoning Districts
Basic R9 District:
R9 Contextual Districts
Commercial Zoning with R9A Residential Equivalent
R9A Zoning NYC
What Is R9A Zoning?
R9A Zoning is considered “high density” residential zoning. It typically has multifamily buildings that are often around 10 stories or more. In an R9A zone you must follow the Quality Housing Program zoning regulations.
Quality Housing Program R9A
The Quality Housing Program promotes shorter wider buildings that are typically larger in square footage then a tall skinny building. The Quality Housing Program is not to be confused with the Inclusionary Housing Program for affordable housing. The quality housing program is just another set of optional zoning regulations and has nothing to do with low income or affordable housing. The quality housing program typically will result in a larger building of a higher quality. There are more zoning floor area deductions in quality housing that would give you a boost to your total building size.
R9A Zoning Community Facility
R9A Zoning is a residential zone but Community Facility uses are allowed in all R9 zones. In the instance of a community facility the zoning calculations would be different. One can also build a mixed use building with both community facility and residential use.
R9A Zoning Commercial Overlay
Sometimes residential districts have commercial overlays. This means the zone is primarily residential but commercial use is allowed instead or you can have both as a mixed use building. Here is a link to an article we wrote on Commercial Overlays.
R9A Inclusionary Housing Program
Always check if your property is subject to requirements of the Inclusionary Housing Program. These are districts that have either optional and sometimes mandatory requirements for low income housing. Typically in these areas you provide 20% of your floor area for affordable units. There can be zoning penalties if you choose not to provide it. And zoning bonuses if you do.
R9A Zoning Regulations For Quality Housing
Minimum Lot width =18 Feet
Minimum Lot Area = 1,700 Sq Ft
Corner Lot = 100%
Interior or Through Lot = 70%
Floor Area Ratio (FAR):
With Inclusionary Housing Bonus FAR = 8.5
680 – This is used to calculate how many apartments you can have. The total residential floor area is divided by this factor to get the maximum allowable number of dwelling units.
Building Base Height: This indicates a setback is required at these heights
Base Height = 60 Minimum / 95 Maximum
Base Height = 60 Minimum / 100 Maximum
Inclusionary Housing Base height
Base Height = 60 Minimum / 125 Maximum
Base Height = 60 Minimum / 135 Maximum
A setback is required in the base height range. Or this can be the maximum height of the building without a setback.
Overall Building Height: This is the maximum building height
Narrow Street Max Building Height = 135
Wide Street Max Building Height = 145
Inclusionary Housing Building Height
Narrow Street Max Building Height = 160 or 165 with Qualifying Ground Floor (16 Stories max)
Wide Street Max Building Height = 170 feet or 175 with Qualifying Ground Floor (17 Stories max)
Always check if your building is subject to Sliver Law zoning restrictions for properties less than 45 feet wide. The sliver law is an additional restriction on the height of the building and supersedes the typical building height requirements.
Corner Lot: No Yards Required
Interior Lot = 30 foot minimum rear yard required
R9A Zoning Example
Here is an example analysis. Be aware that zoning is complicated and I am only addressing the basics here. I assure you there are many additional issues and variations to consider beyond this example.
R9A Zoning Example Lot
Lets assume we have a 50 foot wide and 100 foot deep property in an R9A Zoning District on The Upper West side of Manhattan on an interior lot on a wide street.
Building Foot Print:
First Lets start with Lot Coverage and Yards. We know we will need a minimum rear yard of 30 feet. That tells us we have 50 x 70 to build on, and we can cover 70% of the property. This works out well with a 3,500 sq ft area we can build on.
Zoning Floor Area/ Floor Area Ratio (FAR)
So the floor area ratio is 7.52. The Floor Area Ratio or FAR is a ratio that determines how many square feet you can build on the property. You simply take the property size and multiply it by the FAR.
In this example we have:
FAR of 7.52
Lot Size of 50 feet x 100 feet.
Zoning Floor Area = Lot Area X FAR
Lot Area = 50 x 100
Lot Area = 5,000 sq ft
FAR = 7.52
Zoning Floor Area = 5,000 sq ft x 7.52
Zoning Floor Area = 37,600 sq ft
So we can build a 37,600 sq ft building. This is the zoning square footage, the actual building will be a little bigger than that.
We said our building foot print would be 50 x 70. Or 3,500 per floor.
This will give us at least an 11 story building. Because the maximum base height is 100 feet we can have a setback on the top floor with a terrace.
How many apartments can we build on our R9A lot?
Zoning regulates the maximum number of residential units you can put in a building. In this apartment building we have 37,600 zoning square feet. We then take the zoning Area and divide by the Density factor.
Number Of Apartments = Zoning Floor Area ÷ Density Factor
Number Of apartments = 37,600 ÷ 680
Number Of Apartments = 55
Maximum Number Of apartments = 55
R9A Zoning Example Conclusion
In this example we are proposing to build a 37,600 sq ft building. The apartment building will be at least 11 stories tall and have a setback at least on the top floor. The Building will have a foot print of 50 x 70. It will have a maximum of 55 apartments but can have less as well.
As an architect I study zoning very closely. NYC Zoning is complicated and quite involved. In this article we reviewed some of the basic Zoning Codes with regards to commercial zoning district R9A. This analysis does not assume to cover every possible issue and condition, but provide a general overview of the zoning codes.
Thank You for reading our Blog Post on R9A Zoning in NYC.
I hope this was helpful. You can leave questions or comments below. If you want to discuss a specific project with an architect or get help with a Zoning Analysis please feel free to Contact Fontan Architecture directly. We will be happy to help. We are a full service New York Architecture Firm.
Author Jorge Fontan AIA
This post was written by Jorge Fontan, a Registered Architect and owner of Fontan Architecture.