R6A Small Zoning Lot

Small Zoning Lots in NYC

(Last Updated On: October 17, 2018)

Small Zoning Lots in NYC are residential zoning lots where the area of the lot is less then the minimum required by code or where the width of the property is less then that required by code. If a residential property is a small zoning lot any new development will be restricted to a maximum of 1 or 2 families. A Multi family building will not be allowed as of right on a small zoning lot in New York City.

 

Small Zoning Lots

Small zoning lots are only an issue for residential developments. If you have a commercial overlay or you are developing a mixed use building, the commercial development can proceed as it normally would. The residential portion can have one or two families as of right. The number of families will be determined by one of two issues. First whether or not the zoning district allows two families and second the Density Factor.

Small Lots in Single Family Zoning Districts

Some Zoning districts only allow single family homes. If that is the case then obviously you can only build a single family home provided you qualify on the Density Factor. The minimum lot size to build a house will be the area that would result with a density factor of 1. this will vary depending on your zoning district.

Small Lots in Two Family or Multifamily Zoning Districts

If you are in a zoning district that allows two families or multi family buildings then you can build up to two families on a small zoning lot, as of right. Multi family will not be allowed without a variance in a multi family Residential Zoning District. Variances are special authorization to develop a property in a manner that is not as of right. A variance is not easy to get.

Density Factor Calculations

Density Factor is a zoning formula that determines how many residential units you can develop on a property.

 

Small Zoning Lots

Zoning DistrictDescriptionMinimum Lot AreaMinimum Lot Width
R1-1Single Family Detached Only9,500 square feet100 Feet
R1-2Single Family Detached Only5,700 square feet60 feet
R2Single Family Detached Only3,800 square feet40 feet
R2ASingle Family Detached Only3,800 square feet40 feet
R2XSingle Family Detached Only2,850 square feet30 feet
R3-1Single or Two family detached or Zero Lot Line3,800 square feet40 feet
R3-2Single or Two family detached or Zero Lot Line3,800 square feet40 feet
R3ASingle or Two family detached or Zero Lot Line2,375 square feet25 feet
R3XSingle or Two family detached or Zero Lot Line3,325 square feet35 feet
R4-1Single or Two family detached or Zero Lot Line2,375 square feet25 feet
R4BSingle or Two family detached or Zero Lot Line2,375 square feet25 feet
R5BSingle or Two family detached or Zero Lot Line2,375 square feet25 feet
R5DSingle or Two family detached or Zero Lot Line2,375 square feet25 feet
R4 through R10Single or Two family detached or Zero Lot Line only3,800 square feet40 feet
R3-R10All Other Conditions1,700 square feet18 feet
Small Zoning Lots in NYC lot width and lot area

 

Small Lots In Lower Density Growth Management Areas

Zoning DistrictDescriptionMinimum Lot AreaMinimum Lot Width
R3Atwo-family
detached and two-family zero lot line residences
3,135 Square feet33 feet
R4-1two-family
detached and two-family zero lot line residences
3,135 Square feet33 feet
R4Atwo-family
detached and two-family zero lot line residences
3,135 Square feet33 feet
R3-1two family semi detached residences3,135 Square feet33 feet
R3-2two family semi detached residences3,135 Square feet33 feet
R4-1two family semi detached residences3,135 Square feet33 feet
Small Lots In Lower Density Growth Management Areas, Lot Width and Lot Area Chart

 

How to Develop a Small Zoning Lot in NYC

  • Build 1 or 2 Families
  • Merge Zoning Lots
  • Enlarge The Lot
  • Get A Variance
  • Develop Mixed Use or Non Residential

 

Build 1 or 2 Family Homes on a Small Zoning Lot

When developing your small zoning lot the easiest thing to do is to build a 1 or 2 family home. We did a project where the client had a small zoning lot in R6 Zoning. We designed a townhouse 4 stories with 2 duplex units. It was a 2 family 4 story house. The first 2 stories were one family and the top 2 stories were another family.

 

Merge Zoning Lots

You can make an air rights deal with your neighbors and merge the zoning lots. This could bring you over the minimum requirements even though your property doesn’t physically change. This is done through a zoning lot merger. If the neighbor has a small zoning lot it could benefit them too.

 

Enlarge The Lot

You can purchase your neighbors lot or a portion of their property enough to bring you over the limit. You need to make sure you do not leave their lot with less then the minimum required.

 

Get a Variance

Getting an NYC Zoning variance is complicated but it is possible. This is a very time consuming process to receive special approvals to build something that is not “as of right.” Nobody can guarantee you that the variance will actually be approved.

 

Develop Mixed Use or Non residential

If you have a commercial overlay you may consider building a commercial space or a mixed use building with 1 or 2 family residential and commercial below. Also you can do a community facility or mixed use community facility with 1 or 2 family residential.

 

 


Thank You for reading our post on Small Zoning Lots in NYC.

If you have questions or comments please feel free to leave them below. If you would like to speak with an NYC architect familiar with the Quality Housing Program please feel free to contact us directly. We are happy to hear about your upcoming projects.

 

Author Jorge Fontan AIA

This post was written by Jorge Fontan, a Registered Architect and owner of Fontan Architecture.

24 Comments

  • Tejada

    February 9, 2018 5:32 am
    Reply

    We have a corner lot that is 25 x 75 and is zoned R9A with C2 commercial overlay. We want to build residential over commercial on the ground floor. Are you saying we can only do 2-family max over the store? Can we build 100% lot coverage bc it is a corner lot?

  • Moscher

    February 26, 2018 5:07 pm
    Reply

    a corner lot that is 18.33/90 R6 zoning (wide st) there is know a mixed use brick building store with 2 apartments 3 story, can i change it to a 6 family with a store ? if not may i extend all the 3 floors on the full lot ?

    Thanks!

  • Cindy

    June 21, 2018 1:21 am
    Reply

    We have a tiny 2-story 2-family house on a tiny 20×50 lot. The zoning is C4-4A. Can we add another story & make it 3-family? Not sure if the small lot law applys to us. Thanks in advance for your advice.

  • Ken

    July 8, 2018 7:17 pm
    Reply

    Hi Jorge, I have a question regarding to r4b, and r5b. There is a rule that forbid curb cut for lots with width < 40 , so does it mean that for small interior lot < 40 ft, your are not allowed to have a parking space because all parking spaces ( garage , etc ) require a driveway and all driveways require a curb cut. Of course for a large development with many houses you could have a shared driveway for all houses but what if you have a small lot, how do you meet the parking requirement ? One dwelling unit you can have it waived, but how about 2 units for r4b, and 3 units for r5b?

    Sorry for have asking a big question
    Thank you for reading this

    Ken

  • sean wallace

    July 10, 2018 5:49 pm
    Reply

    R4-1 Zone with a lot 21 x 120. Current bungalow building is 18 x 21 at rear of lot. Would I be able to do a 4 story , 2 family home (small home) as you described above in the R6 zone?
    Thanks for your time.

      • Sam

        August 7, 2018 2:50 am
        Reply

        Hi Jorge, are these small zoning lots must also to comply Zr 23-33(b), “was owned separately and individually from all other adjoining
        tracts of land, both on December 15, 1961”? What about if small lot after 1961? Can it still be built a single family house? Currently this lot is r2a.

        Thank you!

          • Sam

            August 7, 2018 6:03 pm
            Reply

            Hi Jorge, this lot was subdivided into two tax lots (1 and 2) in year 1982. The lot 1 is 100 sq. ft. less to comply 3,800 sq ft minimum lot size in r2a zone. A new single family building was built on lot 2 after subdivided in the same year. Is this lot 1 now cannot be built a single family unless purchase additional 100 sq ft air right from neighbors? If neighbors refuse to sell their air rights, the lot 1 become undeveloped land? Please advise. Any advise or guidance would be greatly appreciated!

  • GARETH

    September 2, 2018 12:29 pm
    Reply

    Since Property is expensive in NYC I was actually looking to buy small lots and build 1 to 2 family home for myself, my calculations shows (small land+construction+fees) cost will still be waaay cheaper than buying an establish property.

    My question is with setback, are there any code waivers that reduces or gets rid of the required rear,front and side yard setbacks for small lots. I’ve see a few small lot buildings in Brooklyn with no setbacks, or should I assume they got Variances.

  • Ahmad Alli

    October 6, 2018 5:58 pm
    Reply

    My commercial property is on a corner lot zoning R6 on bushwick avenue in brooklyn. There is no commercial overlay however it was built in 1918 and I have a C of O that says dry cleaners. The Lot size is 20×80, 1600 sqft. However when it was built the building was built 23 wide in the front and tapers to 20 feet in the rear. Is there any way of getting the city to allow me to keep the 23 feet? I have an additional 20 feet in front which is my front yard but I was told that it belongs to the city and I can’t build on it. I am interested in build a multifamily ( 6 residential units) how can I apply for a variance?

  • kevin ruan

    October 19, 2018 1:04 am
    Reply

    How can you check what if the small zoning lot was divided before 1961? Are there special approvals to build on small zoning lots that would prevent you from building?

      • Kevin Ruan

        October 19, 2018 2:50 pm
        Reply

        Is it possible to achieve 11 feet ceilings on a wood frame townhouse on a small lot? And have 3 floors each around 900 sqft?

  • Kevin Ruan

    October 20, 2018 3:47 am
    Reply

    Would wood beam work? a steel beam and concrete decking house seems expensive for 1 family townhouse in brooklyn

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