= COMMISSION ON Bl ILDING ISTRICTS AND RESTRICTIONS TKNTATIVK RKPORT COMMISSION ON BUILDING DISTRICTS AND RESTRICTIONS TENTATIVE REPORT MARCH 10, 1916 CITY OF NEW YORK BOARD OF ESTIMATE AND APPORTIONMENT 1916 COMMISSION ON BUILDING DISTRICTS AND RESTRICTIONS EDWARD M. BASSETT, Chairman LAWSON PURDY, Vice-Chairman EDWARD C. BLUM ALFRED E. MARLING JAMES E. CLONIN GEORGE T. MORTIMER OTTO M. EIDLITZ J. F. SMITH BURT L. FENNER WALTER STABLER EDWARD R. HARDY FRANKLIN S. TOMLIN RICHARD W. LAWRENCE GFORGE C. WHIFFLE ALRICK H. MAN WILLIAM G. WILLCOX ROBERT H. WHITTEN, Secretary . COMMITTEES BOROUGH OF MANHATTAN WALTER STABLER, Chairman; OTTO M. EIDLITZ, ALFRED E. MARLING, GEORGE T. MORTIMER. BOROUGH OF THE BRONX RICHARD W. LAWRENCE, Chairman; EDWARD R. HARDY, ALFRED E. MARLING. BOROUGH OF BROOKLYN FRANKLIN S. TOMLIN, Chairman; EDWARD C. BLUM, LAWSON PURDY. BOROUGH OF QUEENS ALRICK H. MAN, Chairman; JAMES E. CLONIN, BURT L. FENNER. BOROUGH OF RICHMOND WILLIAM G. WILLCOX, Chairman; J. F. SMITH, GEORGE C. WHIPPLE. STAFF ROBERT H. WHITTEN, Secretary GEORGE B. FORD, Consultant JOHN P. Fox, Transit Expert HERBERT S. SWAN, Investigator GEORGE W. TUTTLE, Assistant Engineer EDWARD M. LAW, Assistant Engineer TENTATIVE REPORT Commission on Building Districts and Restrictions March 10, 1916. To the Board of Estimate and Apportionment: The work of the Heights of Buildings Commission, appointed Feb- ruary 27, 1913, by the Board of Estimate and Apportionment, brought about the amendment to the City Charter (sections 2423 and 242b) adopt- ed in 1914, conferring on the Board of Estimate and Apportionment power to district the city for the purpose of regulating the height of buildings, the area of courts and yards, the location of trades and indus- tries and the location of buildings designed for specified uses. The amend- ment provides that before exercising such power the Board shall appoint a commission "to recommend the boundaries of districts and appropriate regulations to be enforced therein." Pursuant thereto the Board on May 22, 1914, appointed the Commission on Building Districts and Restric- tions. The Charter amendment directs the Commission, before submit- ting a final report, to make "a tentative report and hold public hearings thereon" at such times and places as the Board shall require. The Commission begs to submit the following tentative report : The present almost unrestricted power to build to any height, over any portion of the lot, for any desired use and in any part of the city, has resulted in injury both to the health, safety and general welfare of the city and to real estate and business interests. Light, air and access have been impaired by high buildings, by failure to provide adequate courts and yards, by the proximity of inappropriate or nuisance build- ings and uses. A certain degree of order and system in building develop- ment is essential both from the point of view of public health, safety and welfare and that of the conservation of property values. In working out a districting plan, the Commission is planning the future city. In city building, as in most things, even a poor plan is better than no plan at all. A city can, if necessary, accommodate itself to the crudities and imperfections of a physical plan just as it can adapt itself to the rivers, hills and valleys that form its physical environment; but haphazard city development without any plan or control is ruinous. Of course, even without a plan, there are strong social and economic forces that tend to a certain degree of order and segregation in building development. But these natural forces are not strong enough to pre- vent haphazard development to prevent the invasion of a district by inappropriate uses that are destructive of the highest use of the district. They are certainly not strong enough to ensure the building of the city in a stable and orderly manner and with some regard for the amenities of city life. The bigger a city grows the more essential a plan becomes. Traffic problems, the congestion of population, the necessity for an intensive use of land, the magnitude of the property values affected make the control of building development more and more essential to the health, comfort and welfare of the city and its inhabitants. New York City has certainly reached a point beyond which continued unplanned growth cannot take place without inviting social and economic disaster. It is too big a city, the social and economic interests involved are too great to permit the continuance of the laissez faire methods of earlier days. There is too much at stake to permit a mere habit of thought as to private property rights to stand in the way of a plan that is essential to the health, order and welfare of the entire city and to the conservation of property values. Through haphazard construction and invasion by inappropriate uses the capital values of large areas have been greatly impaired. This destruction of capital value, not only in the central commercial and indus- trial section of Manhattan, but also throughout the residential sections of the five boroughs, has reached huge proportions. It does not stop with the owners in the areas immediately affected, but is reflected in depressed values throughout the city. Market value for investment purposes is always affected by the hazard of the business. Economic depreciation due to unregulated construction and invasion by inappropriate uses has become a hazard that must be considered by every investor in real estate. This extra hazard increases the net earning basis required to induce investment and consequently lessens capital values throughout the city. Whatever the capitalized amount that may properly be charged to the economic depreciation hazard, it is certainly a huge burden and one that affects not only the individual owners of real estate throughout the city but the savings and other large lending institutions, the municipal finances and the general welfare and prosperity of the whole city. With some eight billions already invested in New York City real estate and the certainty of added billions in the coming years, a plan of city building that will tend to conserve and protect property values becomes of vital importance not only to individual owners but to the community as a whole. Why not protect the areas as yet unspoiled and insure that the hundreds of millions that will be spent in the improve- ment of real estate in the coming years shall be spent for the permanent upbuilding of a great and ever greater city? Permanence and stability can only be secured by a far-sighted building plan that will harmonize the private interests of owners and the health, safety and convenience of the public. There is an intimate and necessary relation between conservation of property values as here proposed and the conservation of public health, safety and general welfare. Throughout a city the areas in which values have been depressed by the invasion of inappropriate uses or lack of building control as to height, courts and open spaces, are the areas in which the worst conditions as to sanitation and safety prevail and where there is the greatest violation of the things essential to public comfort, convenience and order. The decline in property value in such districts is merely an economic index of the disregard of essential stand- ards of public health, safety and convenience in building development. Moreover, a depressed district of changing occupancy is almost always a district in which unwholesome home and work conditions prevail. The old building altered to suit a new use is usually very faulty in light, air and sanitation. Declining values make it difficult or impossible to enforce proper standards. These depressed districts create the most difficult and perplexing problems in the establishment and administration of housing and factory regulations. Every city becomes divided into more or less clearly defined dis- tricts of different occupation, use and type of building construction. We have the central office and financial district, loft districts, waterfront and industrial districts, retail business districts, apartment house and hotel districts, tenement house districts, private dwelling districts. Generally speaking, a building is appropriately located when' it is in a section sur- rounded by buildings of similar type and use. Strong social and econ- omic forces work toward a natural segregation of buildings according to type and use. In general, the maximum land values and the maximum rentals are obtained where this segregation and uniformity are most complete. One purpose of districting regulations is to strengthen and supplement the natural trend toward segregation. In spite of the natural trend toward segregation, building develop- ment in many parts of the city is haphazard. The natural trend toward segregation and uniformity is not strong enough to prevent the sporadic invasion of a district by harmful or inappropriate buildings or uses. Once a district has been thus invaded, rents and property values decline, and it is difficult ever to reclaim the district to its more appropriate use. Individual property owners are helpless to prevent the depreciation of their property. The districting plan will do for the individual owners what they cannot do for themselves set up uniform restrictions that will protect each against his neighbor and thus be of benefit to all. While in New York City economic forces tend to the segregation of industries of the heavier type along the water and rail terminals, and to the segregation of certain light industries near the wholesale, retail, hotel and passenger terminal center in Manhattan, there are many kinds of light industry that are free from any segregating force and locate indiscriminately throughout the city. They are found scattered throughout the business and residential sections, especially the resi- dential sections from which their labor supply is recruited. The factory 5 is a blight on the residential section. It destroys the comfort, quiet and convenience of home life. There is nothing more vital to the city than the housing of its people. There is nothing more essential to wholesome and comfortable housing than the exclusion of trade and industries from the residential streets. Stores, garages and other business buildings scattered among the residences are a constant menace to residence prop- erty. The concentration of all the neighborhood business buildings on the business streets makes the transaction of business more convenient. The segregation of dwellings on t'ic exclusively residential streets adds to the convenience, quiet, attractiveness and amenities of home life, and thus tends to increase property values on such streets. The traffic induced by business buildings or factories tends to make the streets unsafe places for the children to play. In our crowded tene- ment districts the streets swarm with children. They must have some place to play, and, unfortunately, there is usually no place but the street. In such a district the use of the street for play purposes is one of the most important public uses that the street serves. If the traffic induced by business or factory buildings interferes with this important public use, there is an added justification in the interest of the public health and safety of so regulating the future location of business and factory buildings that they will not interfere with the necessary use of the streets by the children. The safety of the residential sections should be guarded with special care. Stores, garages and industrial buildings scattered among the resi- dences increase the danger from fire and explosion. This fact alone justi- fies the setting aside of strictly residential areas wherever feasible. The problem of congestion of population is closely related to the location of trades and industries. Employees working long hours at low wages can afford neither the time nor the money to live far from their work. It has been shown that a very large proportion of such employees will live within walking distance of their work, even though this necessitates their living in the most congested and unwholesome quarters. While the proposed plan for residential and industrial dis- tricts will not cure existing conditions it will help to prevent an exten- sion of such conditions. This is insured by providing adequate housing areas adjacent to the factory areas and preventing for the future the encroachment by the factories on areas required for housing. Height and Area Districting The maximum beneficial use of any given block or area is also largely dependent on a certain measure of uniformity in its development as regards height, yards and open spaces. Such use would, in general, be enhanced if the property owners could enter into an agreement uni- formly restricting the height of buildings and fixing the minimum area of courts and yards. The size of courts and yards is in most cases of as much benefit to a man's neighbors as to himself. It is therefore appro- priate that each should contribute in substantial equality to the common stock of light and air. There can be no maintenance of wholesome con- ditions of light and air and no stability of values if each individual owner is at liberty to build to any height and over any proportion of his lot without regard to his appropriate and reasonable contribution to the light and air of the block. The speculative builder puts up the first high building in a block. The windows are on property lines or on narrow courts. Perhaps a five- foot rear yard is provided. But with all the free space on the adjacent lots the building is light and airy, is attractive to tenants and shows a good return to the purchaser. Other buildings follow and their builders see no reason why they should keep down lower or provide larger yards or courts than the first. The result is tragic from either a private or a public point of view. All this has been conclusively demonstrated by costly experience in the recent history of the office and loft building sections of Manhattan. Whole areas have been built up piecemeal with towering buildings having inadequate courts and yards without much thought of ultimate conse- quences. Such areas are in process of being smothered by their own growth. The streets are inadequate to handle the traffic induced by the multiplication of floor area to be served and the buildings constructed without reference to the width of the streets, yards and courts on which they abut shut out light and air essential to rental on a basis that will permit of a reasonable return on the investment. The social and economic desirability of limited height and minimum court and yard provisions has been clearly established by apartment house construction under the Tenement House Law. Had similar regu- lations been applied to the office and loft buildings, great loss would have been prevented. All agree that the Tenement House Law accomplished a most desirable reform in the interest both of owners and tenants in establishing regulations as to height, area covered, yards and courts. In exclusively residential blocks in certain of the more intensively developed sections light and air conditions have been standardized and property values stabilized by ensuring that each owner shall make a reasonable contribution to the light and air of the block. Only by a complete districting plan can the mutually advantageous principle contained in the Tenement House Law be applied to all kinds of buildings, in all parts of the city. There must first be a partial segre- gation of buildings according to use and, second, a gradation of height, court and yard provisions, particularly as affecting residential buildings, in accordance with the present and prospective intensity of use in the various sections of the city. Laws establishing regulations for particular types of buildings are often rendered partially ineffective because they fail to control the envir- onment of the building. The Tenement House Law provides for mini- mum size yards and outer courts that really depend for their adequacy on their being supplemented by similar yards and courts on adjoining lots. If, however, a towering loft building or warehouse is built next to a tenement, the standards of light and air aimed at in the Tenement House Law are impaired. The districting plan makes it possible to pro- vide suitable and reasonable regulations for each class of buildings and at the same time preserve the advantage of substantially uniform regula- tion as to height and yard for all buildings within the block. Tenants move away from the congested centers in order to secure better light and air. But if after a few years the bright sunny building to which they have moved becomes surrounded by buildings similar in height, yard and court provisions to the building in the congested center in which they were formerly located, the desirability of the new location for this class of tenants disappears and rentable values are likely to be seriously impaired. A proper districting plan will insure that wherever probable intensity of demand will permit, a certain measure of the improved light and air conditions that have attracted tenants to the new location shall be permanently retained. In establishing light and air provisions the district plan will not usually go as far and will in no case go further than the purely economic standard indicated by the mutual advantage of property owners and tenants. A districting plan should look to the future and take into considera- tion the types of development appropriate for the increasing intensity of use required by a growing city. Improved transit facilities will be developed, the commuting centers for some 60 miles around will doubt- less continue to grow in increasing ratio, new industrial and business centers will grow up, but the great bulk of the population will continue to be housed within a five-cent fare and a thirty to forty-minute ride of the central business district in Manhattan. The demand for housing is naturally greatest in the most favorable locations. Were it not for the ability to multiply housing area by placing one dwelling on top of another, rents would be prohibitive in these fav- ored locations for practically all those who now occupy apartments or flats. It is natural that the intensity of the demand for housing should vary in the different parts of a given city, the general tendency being, starting with the highest intensity of demand near the center, for this demand to fall rapidly toward the periphery of the city. As the city grows the intensity of the demand in its various parts will usually increase. To avoid the continuous reconstruction of existing buildings and the evils and misfits often resulting from the conversion of old build- ings to new uses, it is undesirable to base a districting plan on the type of construction appropriate to the present-moment intensity of use. As the city is growing, that fact should be taken into consideration and types of construction authorized appropriate for any intensity of use that 8 will probably be demanded and socially justifiable within 25 or 50 years. A city that is not built with referance to probable future growth must be rebuilt time and again at enormous expense. Limitations of Districting Plan An ideal districting plan would disregard existing conditions, re- quire the removal of inappropriate buildings and uses, bring back de- pressed districts to their more appropriate use, sacrifice the vested rights of the individual owner for the improvement and bcautification of the district and city. It is readily apparent that much could properly be done in this way if some method were provided for compensating the individual owners for actual injury suffered. Probably a method of locally assessing benefits and damages could be worked out. Such a a method would seem quite appropriate, for example, if it were a ques- tion of preserving the beauty of a public park or boulevard, or securing the 'removal of an existing factory or store. On the other hand, certain regulations can be established which will be to the mutual advantage of all property owners and of great public benefit. No question of compen- sation for individual injury can arise as existing values are conserved and improved. Of course, under the police power, reasonable and appropri- ate regulations demanded in the interest of public health, safety and general .welfare may be enforced without compensating the individual owner for incidental injury or expense involved. The extent to which this power may be used for districting purposes has not as yet been authoritatively adjudicated in this State. The proposed districting plan has therefore been limited to such features as it seemed must certainly appeal to the courts as being well within the reasonable scope of the police power. The plan is substantially limited to regulations which, while essential to the public health, safety and general welfare, are at the same time of mutual advantage to all property owners. They will conserve and tend to improve values throughout the city. This conserv- ative use of the districting power will not accomplish many things that are doubtless important in the interest of well-ordered city growth, but the plan as outlined will constitute the most important step yet taken by any American city toward the direction of its building development in accord with a well-considered plan. Use Districts A tentative draft of a resolution and accompanying tentative maps are submitted establishing residence districts and business districts for the Boroughs of Manhattan, Brooklyn, The Bronx. Queens and Rich- mond. In a "residence district," only buildings with their usual accessories designed for the following specified uses mar be constructed : Private residences and apartments; hotels; private clubs; religious, educational, curative and philanthropic buildings and institutions. In a "business district," a list of specified industries and uses of a clearly objectionable character are excluded, as are also all other uses that are noxious or offensive by reason of the emission of noise, odor, dust or gas. An exception, however, is made in the case of garages, livery stables, car barns and places of amusement. While it would seem desirable to keep public garages off of business streets, public conven- ience seems to require their location in close proximity to the residential and local business areas. The larger type of factory is excluded from the business districts by limiting the floor space that may be occupied for factory uses in any one building in a business district to 25 per cent of the total floor space of the building, but floor space equal to twice the ground floor area of the building may in any case be so used. The proposed regulations apply only to future buildings and uses, and do not interfere with any existing structure or occupancy. The remaining portions of the city not included in the residence or business districts are left unrestricted as to use. These include large areas chiefly along the waterfront and railroads where an industrial use either exists or is anticipated, and also certain large areas in the undevel- oped sections where either a residential or industrial use may prove the more appropriate, depending largely on future port and terminal develop- ments. In residential neighborhoods the plan has been to preserve the side streets wherever possible for strictly residential use. The avenues along the ends of the block and main thoroughfares have usually been included in the business districts. The business use on the avenue is permitted to extend loo feet back along the residential side streets. In the less developed sections it has often seemed feasible to indicate only every second or third avenue for business use and thus secure a larger and more attractive and self-contained residential area. This it is believed will improve living conditions and will conserve values on both the business and the residence streets. The districting plan divides the city into residence districts, busi- ness districts and unrestricted areas. Further subdivision could doubtless be made with advantage in particular cases. The uses that are inappro- priate on a local retail business street depend somewhat on the character of the adjacent residential population. The uses that are inappropriate in a light manufacturing district are not necessarily the same as in the case of a heavy manufacturing district. Various uses that are often some- what harmful in residence or business distrcts have nevertheless been included therein for lack of a better place and to avoid creating addi- tional classes. It seemed that the districting plan should be along quite broad general lines, and that the establishment of three kinds of dis- tricts, residence, business and unrestricted, while leaving much to be 10 desired, would, as compared with existing conditions, give a really remarkable degree of order and stability to the growth and development of the city. The aim has been to give the greatest possible freedom of action and to avoid restrictions that may possibly hinder future growth and development. While it is realized that this can only be partially suc- cessful and that any regulations now imposed will have to be changed from time to time, it seemed important that they should be so designed as to insure as high a degree of permanence as is at present practicable. No comprehensive plan for the future physical development of the city has as yet been worked out. A comprehensive plan of port and ter- minal facilities has not been determined upon. Future park devel- opment, especially along the waterfronts, has not been suffi- ciently studied. Future extensions and surface line feeders for the dual subway system have not been determined. All this makes the probable or desirable uses of various areas exceedingly uncertain. This is par- ticularly true of large areas along the waterfronts in the more undevel- oped sections, particularly the enormous areas around Jamaica Bay, the region around Gravesend Bay and the South Shore waterfront of Rich- mond. Accordingly, these and a number of similar areas have been left undetermined and therefore unrestricted. They differ from most of the other unrestricted areas chiefly in that it is anticipated that when their appropriate use is more fully disclosed it may seem wise to restrict them in part to business or residence use. It is particularly important that the tentative designation of the busi- ness streets in the residential sections should receive the very careful study of local civic associations and property owners. Their intimate knowledge of local conditions and requirements is essential to the perfec- tion of the plan. Thus far the principal criticism has been that too many business streets were provided. A careful study of the plan by the locali- ties affected will probably lead to the elimination of certain of the pro- posed business streets with advantage to the future development of the residential sections affected. Height Districts A tentative draft resolution and accompanying tentative maps are submitted establishing height and area districts for the five boroughs. Five classes of height districts are provided limiting the height of the building at the street line to a varying multiple of the street width. These multiples vary from two and one-half times the street width in the office and financial section of Manhattan to one times the street width in the more undeveloped sections of Brooklyn, The Bronx, Queens and Richmond. Back of the street wall, the height of which is limited by a multiple of the street width, the building may go higher, but not beyond the line II SECTION 2. - HEIGHT LIMITS - iy a TIMES DISTRICTS SAME. PRINCIPLES APPLY IN EACH OF THE OTHEe TYPES OF P/ST&CrS. SETBACKS MAY B AT EACH STlXY oe seyfKAi. sroe/es AT once ae IN TM FO*M OF A MANSAKDE. INTERIOR BUILDING WITH SETBACK INTERIOR BUILDING RUNNIN6 THROUGH FROM STREET TO STREET 12 formed by the extension of a line drawn from the center of the street to the limiting height of the street wall. This will permit the construc- tion of mansards or of vertical walls provided they are set back in a pre- scribed ratio so as to keep within set-back provisions. This will give a much greater freedom of building construction than a flat limitation of height. It will allow any height of building back of the street line that will not interfere with the prescribed angle of light. Towers covering not over 25 per cent of the lot and unlimited as to height are also per- mitted provided they conform to certain regulations as to set-back from lot lines. In limiting the height of all buildings in relation to width of the streets on which they abut, the Commission has adopted a principle which for a great many years (since 1885) has been applied to tenement house construction in New York City. It has also been extensively applied in European cities. It has evident advantages over a flat limita- tion that operates without regard to the width of the street. The Com- mission has, however, modified the strict application of this principle by providing that for the purpose of computing the limiting height on the multiple of street width basis a street less than 50 feet wide shall be considered to be 50 feet wide, and a street more than 100 feet wide shall be considered to be but 100 feet wide. The only district in which a height of two and one-half times the street width is proposed is in the office and financial section in lower Manhattan. A height of two times the street width is allowed for the remaining portions of the more intensively developed commercial and industrial sections in a broad belt through the center of the Island from the lower office and financial section to 59th Street. An exception is made for a portion of the Fifth Avenue section where limits of one and one-quarter and one and one-half times the street width are proposed. A height of two times the street width is allowed for a narrow belt along a large portion of the waterfront of Manhattan and along the East River waterfront of Brooklyn, Queens and The Bronx ; also for a small area around the chief office and business center of Brooklyn. In the two-times districts on a 6o-foot street the building can go up 120 feet or about 10 stories at the building line and above that height by setting back 12 feet can go 4 stories higher. On a loo-foot street the building can go up 200 feet, or about 16 stories at the building line, and above that height with a 12-foot set-back can go 4 stones higher. Tenement and apartment houses throughout the city are now limited to a height of i J / 2 times the street width. The proposed plan takes the i*/2 times rule of the Tenement House Law and applies it to substantially all the remaining portions of the city that are intensively built up at present or that will be brought within about thirty minutes by the new rapid transit system to the central office and commercial districts of Manhattan. One ard one-half times the street width is also allowed for a narrow belt along the waterfront in many of the as yet undeveloped areas where a somewhat intensive future development of the waterfront is anticipated. All the other portions of the city, including the more remote and less developed sections, and those which in general are more than thirty minutes from the Manhattan commercial centers by the new rapid transit system, are placed in the one-times district. Here the height limit for buildings on the street line is one times the width of the street. This, however, will permit of a five-story building on a oo-foot street, and an eight or nine-story building on a loo-foot street. By taking advantage of the set-back provision, one or more stories of additional height may be secured. Area Covered Yards and Courts In establishing districts prescribing minimum yards, courts and open spaces, the Commission has attempted to insure that each owner shall make a reasonable contribution to the light and air of the block. The plan has been based, first, on the partial segregation of buildings accord- ing to use, and second, on a gradation of court and yard provisions, par- ticularly as affecting residential buildings in accordance with the present and prospective intensity of use in various sections of the city. Five classes of area districts are proposed. The court and yard requirements are, in most districts, more stringent in the case of residential buildings than of non-residential buildings. A residential building is a building used exclusively for residence purposes or a building used in part only for residence purposes containing apartments for more than two families. All other buildings are non-residential. Under this definition a store with only two apartments above is classed as a non-residential building. This definition of "residential" and "non-residential" is for the purposes of the court and yard regulations only, and does not relate to the char- acter of buildings that may be erected in a residence district. A-Districts: In the A-Districts no yard is required and no court is required unless necessary to light the workrooms in the building. This is essentially a warehouse district and is confined to a narrow belt along the waterfront and terminals. Light is not required for most storage buildings. In a warehouse district where three-quarters of the buildings do not need yards or courts it would seem unjust to require all the owners to contribute to light and air that would only be of economic benefit to a very small proportion of the owners. It would seem appro- priate, under the districting plan, that a place should be provided where storage and other buildings that do not require light and air could locate and occupy the full area of the lot. It is not anticipated that many residential buildings will be located in the A-Districts, yet they are not prohibited from so locating, and in such case they would be subject to the same court and yard provisions prescribed for the B-Districts. SECTIONS. - AREA- M B"- DISTRICTS - INTERIOR LOTS ttv CORNEB Bu/i. D/N6 ANO cot/erj A/ec THE SAII YASOS *Kl REAR YARD FOR RESIDENTIAL BUILDING 120' HIGH REAR YARD -*^5| ^ FOR NON-RES- ~^U^* IDENTIAL BUILDING jees AND covers #IA Y gf SIZE fJEAKEK THE BASE IF THEY KCEP W/TH/N THE P&O V/3/OMS AT ANY O'VCN iEfft. OUTER COURT FOR BUILDING 120 FEET HIGH INNER COURTS FOR BUILDING 120 FEET HIGH B-Districts: The B-Districts, as a rule, include the most inten- sively developed sections of the city, and those that will be brought within about twenty-five minutes by the new rapid transit lines of the central business districts in Manhattan. In the B-Districts a rear yard is only required for such portion of the building as is back to back with another property. This yard must increase in size with the height of the building, being not less than two inches in its least dimension for every foot of height above the curb level. If, however, any part of the building is less than 55 feet from a street line, no yard is required behind such part. Courts provided must increase in size with the height of the building. The area of an inner court at any height shall be not less than the square of the depth of the required yard at such height. The least dimension of any court shall be at every point not less than one inch for every foot of height above the curb level. The above provi- sion as to yards and courts applies both to residential and to non-resi- dential buildings. It provides slightly wider yards and larger courts above 90 feet of height than is now required by the Tenement House Law. This will only affect elevator apartments above eight or nine stories in height. It was thought that the existing provisions of the Tenement House Law were more nearly adequate in court and yard provisions as applied to the eight or nine-story apartments than as applied to the ten or twelve-story apartments. The slight increase in requirements for the higher buildings will be of economic advantage to the owners and will secure more wholesome light and air conditions for the tenants. The rear yard for a building 120 feet high or about 10 stories will be 20 feet, and for a building 150 feet high or about 12 stories will be 25 feet. This is not in excess of the best economic standards and practice for either office -buildings, loft buildings or elevator apartments. C-Districts: The C-Districts include most of the remaining built-up portions of the city, including sections that will be about forty minutes by the new rapid transit lines from the central business district. In the C-Districts, non-residential buildings are subject to the same court and yard provisions above outlined for the B-Districts. Residential build- ings up to five stories in height may be built with the courts and yards authorized by the Tenement House Law. Above five stories in height the width of the yard and the size of the court is somewhat greater than that provided by the Tenement House Law. This is on the principle that economic conditions in the C-Districts require and public health and convenience demand a more liberal provision for light and air than would obtain in more centrally located sections. The rule proposed is that yards shall be at least two and one-half inches in least dimension for each foot of height, and courts at least one and one-quarter inches in least dimension for each foot of height. This for a six-story building (70 feet) will require a rear yard 14 feet 7 inches deep as against the 13 feet required by the Tenement House Law. For an eight-story build- 16 SECTION 4. - AREA-XT- DISTRICTS YARDS AND COU/3TS IN NON- RESIDENTIAL BUILDINGS ABE THE SAME AS IN ABE A -*B" - DISTRICTS IN RESIDENTIAL BUILDINGS UP TO 6O FT IN HEIGHT (X FIVE STORIES YARDS AND COURTS AREAS REQUIRED IN THE TENEMENT HOUSE LAW EXCEPT THAT OUTER COURTS MAYBE NOT MORE THAN FIVE TIMES AS LONG AS THEY ARE WIDE IN COZNER. BUILDINGS, YARDS AND COURTS ARE THE SAME AS FOK OTHER BUILDINGS BUT YARDS ARE REQUIRED ONLY WHERE BUILDINGS ARE ACTUALLY BACK TO BACK ONLY MINIMUM SIZES Of YARDS AND COVKTS AO HK SHOWN. XCf>r rHAT TH (. LCNOTH Of Ooss/am FOB SUCH eESlDENTIAL 4STOBY BUILDING INTEKIOB. RESIDENTIAL 5 STOBY BUILDING DOTTED LINCS snow YAfps AW covers Tf/VMf.Vr HOl/SE LAW BUT IN'C" eisreiCTS THEY MUST BE HC6ULATCD AS SHOtV" BY rt/U. INTEBIOB (ZESIDENTIAL 6 STOBY BUILDING INTEBIOE RESIDENTIAL 8 5TOBY BUILDING ing (90 feet) the comparative requirements would be 18 feet 9 inches and 15 feet. The residential area contained in the B-Districts and the C-Districts will include all the apartment and tenement area of the city for many years to come. While it is anticipated that many one and two-family houses will be built within this area, it seems probable that in thirty or fifty years, when the population has increased to ten or twelve millions, most of these areas will be quite generally built up with apartments and flats. The residential area that can be brought by a five-cent fare within thirty or forty minutes of every part of the central business district is somewhat limited and we may anticipate that for many years the great bulk of the population will be housed within these general limits and in growing proportion in apartments and flats. D-Districts: The D-Districts include the more remote or undevel- oped areas of the city and those that are in general more than about forty minutes from the central business district. It is intended generally for one or two-family houses, either singly or in rows. Apartments, how- ever, are not excluded but are handicapped by the restrictions as to per- centage of lot that may be occupied and the size of yards and courts. Extensive D-Districts have been indicated for the less accessible portions of Queens and Richmond, and also around Jamaica Bay, in Brooklyn. The total acreage of the D-Districts constitutes more than half of the residential areas of the entire city. A residential building in a D-District may not exceed 60 per cent of the area of an interior lot at the curb level or 80 per cent of the area of a corner lot above the first story. Yards for residential buildings shall be at least five inches in least dimension for each foot of height of the building, and courts at least two and one-half inches per foot of height. The depth of the yard at the curb level must be 20 per cent of the depth of the lot, but need not exceed 20 feet. Non- residential buildings are not limited as to percentage covered, but their yards above the first story shall be at least four inches in least dimension for each foot of height, and courts at least two inches for each foot of height. E-Districts: The Commission has tentatively indicated as E- Districts various small areas that either are now high-class villa districts or seem particularly appropriate for such development. In the E-Districts on an interior lot, a residential building with its porches, wings and acces- sory buildings shall not exceed for the first story more than 50 per cent of the area of the lot, and shall not exceed 30 per cent of the area of the lot above the first story. Yards shall be at least five inches in least dimension for each foot of height, and courts at least two and one-half inches for each foot of height. On at least one side of every building there shall be an outer court along the side lot line for the full depth of the lot. Existing single family detached house areas in Brooklyn, The 18 Bronx, Queens and Richmond would, with few exceptions, conform to the proposed requirements for E-Districts. As an E-District, the Commission has tentatively included a large portion of the Riverdale section in The Bronx. This section is situated on the hills between Broadway and the Hudson River, and is now occu- pied by villa houses and estates. In the Borough of Queens a portion of Douglaston, a large undeveloped tract between the Rocky Hill Road and the Nassau County line, and a large area north of Hillside Avenue with Jamaica Estates as a center have been indicated as E-Districts. In Brooklyn, Manhattan Beach Estates, Sea Gate, two small areas between Ocean Avenue and Nostrand Avenue and south of Avenue J, and small areas in Dyker Heights and along the Shore Road in liny Ridge, have been included as E-Districts. In Richmond a small area along the Serpentine and a larger area above Dongan Hills have also been made E-Districts. The Commission will not be disposed to retain these E-Districts unless it seems clear that they are satisfactory to the property owners immedi- ately affected. The Commission hopes, however, that their inclusion on the tentative maps may lead to the suggestion by owners of similar areas in which it may be desirable to safeguard a high-class villa development by including them as E-Districts. Private Dwelling Districts The Commission has been asked to recommend a restriction against apartment houses in various private dwelling districts that are threatened with an invasion of apartment houses. Such a restriction would, in many cases, undoubtedly conserve property values. In a good residential sec- tion the coming of the apartment house usually means a considerable loss to all owners of private houses. The slight increase in the value of the land is not sufficient to offset the distinct depreciation in the value of the building. Sometimes the apartment is a mere parasite. There would be no economic reason for its construction were it not for the open spaces and attractive surroundings created by the private dwelling character of the neighborhood. This economic reason is destroyed by the erection of a few apartment houses and at the same time private dwelling values are greatly depreciated. Under such conditions a restriction against apartment houses would be of undoubted social and economic value. It is realized that comparatively few of the strictly private dwelling sections can be long maintained as such anywhere within say 25 minutes by rapid transit of the central office and commercial sections. The demand for housing space becomes so great that the apartment or flat is an econ- omic necessity for all save a comparative few. It is important, how- ever, that wherever it is economically feasible to maintain such oases of private residences that legal safeguards be thrown around them. This will not only conserve property values, but will retain within the city many citizens who would otherwise move to the suburbs. The retention 19 of the citizenship of a greater proportion of this class of its business men is of great importance not only as regards the city's taxable values, but also as regards civic interest and civic leadership. In imposing a restriction against apartment houses in any improved residential section, great care must be taken to be sure that injustice is not done. It would seem desirable to consider separately each block or street frontage and only impose the restriction after all owners have had a chance to be heard. The Commission has found it impossible to make the intensive investigation that would justify it in recommending that a particular block frontage should be restricted against apartment houses. It recommends, however, that the Board of Estimate and Appor- tionment supplement the adoption of a general districting plan by afford- ing appropriate opportunity and procedure for the further restriction of any block or street frontage in any residential district to use for private dwellings only. Respectfuly submitted, COMMISSION ON BUILDING DISTRICTS AND RESTRICTIONS. EDWARD M. BASSETT, Chairman LAWSON PURDY, Vice-Chairman EDWARD C. BLUM JAMES E. CLONIN OTTO M. EIDLITZ BURT L. FENNER EDWARD R. HARDY RICHARD W. LAWRENCE ALRICK H. MAN ALFRED E. MARLING GEORGE T. MORTIMER J. F. SMITH WALTER STABLER FRANKLIN S. TOMLIN GFORGE C. WHIFFLE WILLIAM G. WILLCOX ROBERT H. WRITTEN, Secretary 20 Commission on Building Districts and Restrictions USE DISTRICTS RESOLUTION (Tentative Draft, March 10, 1916) A Resolution Regulating the Location of Trades and Industries and the Location of Buildings Designed for Specified Uses and Estab- lishing the Boundaries of Districts for Such Purposes. Be It Resolved by the Board of Estimate and Apportionment: Section I. For the purpose of regulating and restricting the loca- tion 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, (i) Residence districts, (2) Business districts, and (3) Unre- stricted districts, as shown on the Use District Maps which accompany this Resolution and are part hereof. The Use Districts set forth on said maps are hereby established. Section 2. Except as provided in Section 6, all structures, build- ings, premises or places shall conform to the regulations and restrictions hereinafter established for the Use District in which they are located. Section 3. Residence Districts : In residence districts only structures or buildings with their usual accessories designed exclusively for the following specified uses may be constructed: (1) Dwellings, including tenement houses, boarding houses and hotels having thirty or more sleeping rooms. (2) Private Clubs. (3) Religious, educational, philanthropic and eleemosynary build- ings and institutions other than correctional institutions. (4) Hospitals and sanitariums. (5) Farming, truck gardening, nurseries or greenhouses. In a residence district the use of structures, buildings, premises or places, except as provided by Section 6, shall be limited to the uses as above specified, for which buildings may be constructed and to the cus- tomary accessory uses incident thereto. Section 4. Business Districts : In a business district, except as provided in Section 6, no structures or buildings shall be constructed and no premises, places, buildings or structures shall be used for any of the following specified trades, industries or uses : Ammonia, chlorine or bleaching powder manufacture. Asphalt manufacture or refining. Assaying (other than gold and silver). Blacksmithing. Boiler making. Brewing and distilling of liquors. Carpet cleaning. Celluloid manufacture. Distillation of coal, wood or bones. Dyeing and dry cleaning. Fat rendering. Fertilizer manufacture. Gas (illuminating or heating) manufacture and storage. 21 Glue, size and gelatine manufacture. Incineration or reduction of garbage, offal, dead animals or refuse. Iron, steel, brass and copper manufacture, forging and rolling. Junk and rag storage and baling. Lamp .black manufacture. Lime, cement and plaster of paris manufacture. Oil cloth or linoleum manufacture. Paint, oil, varnish and turpentine manufacture. Petroleum refining or storage. Electric central station power plants. Printing ink manufacture. Raw hides and skins storage, curing and tanning. Rubber manufacture from the crude material. Saw or planing mills. Shoddy manufacture and wool scouring. Slaughtering of animals. Smelting. Soap manufacture. Starch, glucose or dextrine manufacture. Stock yards. Sugar refining. Sulphurous, sulphuric, nitric or hydrochloric acid manufacture. Tallow, grease and lard manufacture and refining. Tar distillation or manufacture. Tar roofing or tar waterproofing manufacture. Stone and monumental works and crematories shall be excluded from a business district except within 500 feet of a cemetery in a busi- ness district immediately adjoining such cemetery. No structure or building shall be erected and no structure, building, premises or place shall be used for any trade or industry that is noxious or offensive by reason of the emission of noise, odor, dust, smoke or gas, but garages, livery stables, car barns or places of amusement shall not be excluded. The use of structures, buildings, premises or places for factory purposes shall be prohibited in a business district except that 25 per cent of the total floor space of a building and not less than twice the ground area of the building or lot, may be so used. The printing of a newspaper shall not be deemed a factory use. No use permitted in a residential district by Section 3 shall be excluded from a business district. Section 5. Use District Map Designations: Where, on the Use District Map, a district designation is shown in the middle of a street, its influence shall extend to all land within a loo-foot belt on both sides of such street. Where an area is bounded by two or more kinds of district designations, any part of such area more than 100 feet back from any district designation shall be governed by the least restrictive of the bounding regulations. Where a district designation is in a street inter- section or part thereof, such designation shall control for 100 feet back on the sides of all blocks touched by such district designation, regardless of the district designation in such streets. Where the same area would by the above rules be placed in two or more districts, the least restrictive district designation shall apply but not further than to the near side of the first street upon which a more restrictive district designation is shown. Section 6. Existing Buildings and Uses : All existing structures, buildings, premises or places may continue in their present use or uses. 22 Nothing herein contained shall require any change in a building or in its designated use for which a permit has been heretofore approved or plans for which are on file at the time of the passage of this resolution and a permit therefor is issued within three months of the passage of this resolution and the construction of which is diligently prosecuted within a year of the date of such permit. If a structure or building now existing shall hereafter be wholly or in part removed or destroyed whatsoever may be the cause, purpose or manner of its removal or destruction, it shall not be rebuilt or restored unless it conforms with the provisions herein prescribed for the district in which it is located ; but nothing in this resolution shall prevent the restoration of a building or industrial plant which is damaged less than fifty per cent, of its structural parts, or the restoration of a wall declared unsafe by the superintendent of buildings. No building in a business district now used in part for factory purposes in excess of the limit prescribed in Section 4 shall hereafter be used for such purposes in excess of such present use. Section 7. Unlawful Use; Certificate of Use: It shall be unlawful to use or permit the use of any structure, building, premises or place hereafter created, erected, altered, changed, or converted wholly or partly in its use until a certificate to the effect that said structure, building, premises or place and the use thereof conforms to all of the requirements of this resolution shall have been issued by the superintendent of build- ings of the Borough in which said structure, building, premises or place is located. It shall be the duty of the superintendent of buildings to issue a certificate of use within not less than twenty days after a request for the same shall be filed in his Bureau by any owner of a structure, building, premises or place affected by this resolution, provided said structure, building, premises or place conforms with all the requirements herein set forth. Section 8. Amendments, Alterations and Changes in District Lines; Method Provided: Whenever the owners of fifty-one per cent or more of the frontage in any district or part thereof shall present a petition duly signed and acknowledged to the Board of Estimate and Apportionment requesting an amendment, change or repeal of the regulations prescribed for such district or part thereof, it shall be the duty of this Board to vote upon said petition within ninety days after the filing of the same by the petitioners with the Secretary of this Board. Section 9. 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, including the direction of building development in accord with a well-considered plan of city growth. Section 10. Enforcement, Legal Procedure. Penalties: This reso- lution shall be deemed to be a part of the building code of the City of Xew York, and each superintendent of buildings shall, in his own borough, be charged with the enforcement of its provisions and any rules and regu- lations adopted thereunder. Any and every violation of the provisions of this resolution or of the rules and regulations adopted thereunder shall subject the owner, agent, contractor, lessee or tenant of a structure, build- ing, premises or place where such violation has been committed or fhall exist and the agent, architect, builder, contractor, or any other per 23 son who has assisted in the commission of such violation or who main- tains any structure, building, premises or place in which such violation exists to the same legal procedure and the same penalties as are pre- scribed in any law, statute or ordinance for the violations of the Building Code, and such violations shall be subject to the same legal remedies and prosecuted in the same manner prescribed in any law or ordinance for violations of said Building Code. Section n. When Effective: This Resolution shall take effect immediately. 24 Commission on Building Districts and Restrictions HEIGHT AND AREA RESOLUTION (Tentative Draft, March 10, 1916) A Resolution Regulating the Height of Buildings and the Area of Their Courts and Yards and Establishing the Boundaries of Districts for Such Purposes. Be It Resolved by the Board of Estimate and Apportionment: Section I. Definitions: Certain words in this resolution are de- fined for the purposes thereof as follows: Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "lot" includes the word "plot." (a) The "curb" is the mean curb level at that front of the building which faces on the street of greatest width, or, if the greatest width occurs on more than one of the streets on which the building faces, the mean curb level at that point of the building which faces on the street of greatest width and having the highest curb. Where no street grade has been legally established, or the building does not adjoin the street, the average level of all the ground adjoining such building shall be taken as the equivalent of the curb level ; (b) The "height" of a building or structure is the vertical distance measured in a straight line from the curb level to the highest point of the roof beams in the case of flat roofs, and to the average height of the gable in the case of roofs having a pitch of more than twenty degrees with a horizontal plane ; (c) A "street wall" is any vertical wall or structure on or approxi- mately on the street building line of a property; (d) The "width of the street" is the average width of the street within the block measured perpendicularly from building line to opposite building line, but where a street borders a public place, a public park or body of water the width of the street is the width of such marginal street plus the width of such public place, public park or body of water ; (e) A "corner lot" is a lot at a corner or at the junction of two or more intersecting streets between which there is an interior angle of less than 135 degrees. Any other lot is an "interior lot": (f) A "rear yard" is an open unoccupied space on the same lot with a building between the extreme rear line of the building and the rear line of the lot. In the case of a corner lot the owner may elect by a state- ment on his plans either street boundary as his front. The rear of a lot is the side opposite to a street front. In the case of a triangular or gore lot the rear is the boundary line not bordering on a street. The depth of a lot is the mean distance from the front of the lot to the rear line of the lot ; (g) A "court" is an open unoccupied space, other than a yard, on the same lot with a building. A court not extending to the street or a yard of at least the prescribed size is an inner court. A court extending to the street or a yard of at least the prescribed size is an outer court : 25 (h) The "least horizontal dimension" of a yard or court at any height above the curb is the least of the mean clear horizontal dimen- sions of such yard or court at such height; (i) A "residential building" shall be denned solely for the purposes of this resolution as a building used exclusively for residence purposes or a building used in part only for residence purposes containing apart- ments for more than two families. All other buildings are "non-resi- dential." Height Districts Section 2. Height Limits: The heights of buildings hereafter erected shall in general be regulated with relation to the open spaces on which they abut. Except as hereinafter provided, every building here- after erected shall be so constructed that the street wall shall not exceed in height the limits hereinafter prescribed, and that any other wall or structure or any part of such building or any structure on it shall not exceed the set-back and other provisions hereinafter prescribed. Height districts as shown on the accompanying Height District Maps for the Boroughs of Manhattan, Brooklyn, The Bronx, Queens and Richmond are hereby established. One Times Districts : Any building may be erected on the street line to a height equal to once the width of the street. Above the limit- ing height of the street wall of any building, the height of the building may be increased provided that such extended portion sets back from the street line in the ratio of one foot horizontally for each two feet of its height above the prescribed limiting height on the street line. One and One-Quarter Times Districts : Any building may be erect- ed on the street line to a height equal to one and one-quarter times the width of the street. Above the limiting height of the street wall of any building, the height of the building may be increased provided that such extended portion sets back from the street line in the ratio of one foot horizontally for each two and one-half feet of its height above the prescribed limiting height. One and One-Half Times Districts : Any building may be erected on the street line to a height equal to one and one-half times the width of the street. Above the limiting height of the street wall of any build- ing, the height of the building may be increased provided that such extended portion sets back from the street line in the ratio of one foot horizontally for each three feet of its height above the prescribed limit- ing height. Two Times Districts: Any building may be erected on the street line to a height equal to twice the width of the street. Above the limit- ing height of the street wall of any building, the height of the building may be increased provided that such extended portion sets back from the street line in the ratio of one foot horizontally for each four feet of its height above the prescribed limiting height. Two and One-Half Times Districts : Any building may be erected on the street line to a height equal to two and one-half times the width of the street. Above the limiting height of the street wall of any build- ing, the height of the building may be increased provided that such extended portion sets back from the street line in the ratio of one foot horizontally for each five feet of its height above the prescribed limiting height. 26 Section 3. Exceptions for all Height Districts: In computing the limiting height, a street less than 50 feet wide shall be considered as though it were 50 feet wide and every street or public open space more than loo feet wide shall be considered as though it were not more than 100 feet wide. The limiting height of the street wall and the set-backs allowed above the limiting height of a building continuous around the corner of two or more streets shall be governed by the height allowed on the street of greatest width or by the height allowed in the least restricted dis- trict on which the continuous street wall of the building abuts for a dis- tance of 150 feet back on the narrower or more restricted street. When a building fronts on two or more streets and its street walls are not continuous about the intervening corners, the height of each street wall and its set-backs shall be determined solely from the street on which it faces. If the area of the building is reduced so that above a certain level it covers in the aggregate not to exceed 25 per cent of the area of the lot, the street wall of the building above such level may be excepted from the foregoing provisions, and the street wall may be erected to any height provided that such wall shall be distant at all points at least 75 feet from the center of the street on which it faces ; but for each one per cent of its full possible length that such street wall is decreased, such wall shall be permitted to be erected four inches nearer to the center of the street. When there are existing street walls in excess of the limiting heights as above provided within 50 feet of either end of a street wall of a pro- posed building or directly opposite such wall across the street, the height to which such proposed street wall may rise may be increased by an amount equal to the average excess height of the existing street walls within 50 feet on either side and directly across the street. The average amount of such excess height shall be computed by adding together the excess height above the prescribed height of each of the existing build- ings or parts of existing buildings within the above defined area, and dividing the sum by the number of such buildings. Area Districts Section 4. The proportion of the plot covered by buildings here- after erected shall in general be regulated as hereinafter specified. The depths of yards and the dimensions of courts shall increase proportion- ately with an increased height of the building and the minimum depths of yards shall be proportionate to the depth of the lot. Area districts, as shown on the accompanying Area District Maps for the Boroughs of Manhattan, Brooklyn, The Bronx, Queens and Richmond, are hereby established : A-Districts: For residential buildings yards shall be at least two inches in least dimension for each one foot of height and courts at least one inch in least dimension for each one foot of height above the curb level. B-Districts : For all buildings yards shall be at least two inches in least dimension for each one foot of height and courts at least one inch in least dimension for each one foot of height above the curb level. C-Districts : For residential buildings yards shall be at least two and one-half inches in least dimension for each one foot of height and 27 courts at least one and one-quarter inches in least dimension for each one foot of height above the curb level. For non-residential buildings yards shall be at least two inches in least dimension for each one foot of height and courts at least one inch in least dimension for each one foot of height above the curb level. D-Districts: A residential building shall not exceed 60 per cent of the area of an interior lot at the curb level or 80 per cent of the area of a corner lot at a level 18 feet above the curb. Yards for residential buildings shall be at least five iaches in least dimension for each one foot of height and courts at least two and one-half inches in least dimen- sion for each one foot of height above the curb level. The depth of a required yard for a residential building shall be at least 20 per cent of the depth of the lot, but in no case need it exceed 20 feet. For non- residential buildings yards shall be at least four inches in least dimen- sion for each one foot of height and courts at least two inches in least dimension for each one foot of height above the curb level. E-Districts: On an interior lot a residential building with its porches, wings and accessory buildings shall not exceed, at the curb level, more than 50 per cent of the area of the lot, nor on a corner lot more than 70 per cent of the area of the lot, and above a level 18 feet above the curb, the building shall not exceed 30 per cent of the area of an interior lot or 40 per cent of the area of a corner lot. For all buildings yards shall be at least five inches in least dimension for each one foot of height and courts at least two and one-half inches in least dimension for each one foot of height above the curb level. For a residential build- ing the depth of a required yard shall be at least 25 per cent of the depth of the lot but in no case need it exceed 25 feet. On at least one side of every residential building there shall "be an outer court along the side lot line for the full depth of the lot. For a non-residential building the depth of a required yard shall be at least 15 per cent of the depth of the lot, but it need not exceed 15 feet. All Districts: Where a boundary line between any two districts is in the middle of a street, a building facing on the more restricted side of the street may follow the area regulations of the less restricted side. Section 5. Percentage of Lot Occupied : No measurements of lot area for any building shall include any portion of a street or alley. Any area of a corner lot in excess of 5,000 square feet shall be treated, for the purpose of computing the percentage of the lot that may be occupied, as though it were an interior lot. Section 6. Yards : At and above a level 18 feet above the curb of every building hereaftei constructed, except for buildings in A-Districts, there shall be a yard opposite every part of a rear wall that is 55 feet or more back from the nearest street and which is back to back with a rear portion, more than 55 feet from the nearest street, of any other property. Within 55 feet of the nearest street no rear yard or part of a rear yard shall be required. Except as otherwise provided for Districts D and E, the depth of a required rear yard shall be at least TO per cent of the depth of the lot but need not exceed ten feet. In the case of a resi- dential building, on an interior lot, such yard shall extend for its full area down to the curb level, except that the usual accessory buildings not over 18 feet high above the curb may cover not over 50 per cent of the prescribed area of the yard. 28 Section 7. Courts: In every building hereafter constructed in which a room in which persons live, sleep, work or congregate is required by the Building Code of the City of New York or the Tenement House Law to receive its light and air in whole or in part from a court or yard, at least one court or yard having a window opening from such room shall conform to the requirements of this resolution. In a required outer court the least horizontal dimension shall not be less than four feet and provided that the length of no required outer court shall be more than five times its least dimension. When a court is located along a side of a lot or plot the lot line shall be deemed an enclosure of such court. Where a court opens on a street or public open space, such street or public open space may be considered as part of that court. The least horizontal dimension of an inner court in any given district at any height above the curb shall be not less than that required for a yard in the same district at the same height, provided, however, that a court of equivalent area may be substituted for such required court provided that for such area its greatest dimension be not more than twice its least dimension. Corners of prescribed courts may be cut off provided that the running length of the wall at the angle of the court does not exceed seven feet. Section 8. Projections in Courts and Yards: Every part of a re- quired court or yard shall be open from its lowest point to the sky unobstructed, except for the ordinary projections of skylights above the floor level at 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. Open or lattice enclosed iron fire-escapes, fireproof outside stairways or solid-floored balconies to fire towers not to project into the yard or court more than four feet may be placed in the required yards or inner courts. Section 9. Buildings and Structures Excepted : Nothing in this resolution shall prevent the projection of a cornice beyond the street line to an extent not exceeding five per cent of the width of the street, nor prevent the erection above the limiting height of a street wall or cornice of a parapet wall purely for ornament and without windows extending not to exceed five per cent, of such limiting height of such street wall. The provisions of this resolution shall not apply to the erection of church spires, belfries, chimneys, flues or gas holders. Where a cornice or a parapet occurs on a portion of the street wall that sets back from the street line, the mean distance from such street line may be added to the width of the street for the purpose of computing the projection of such cornice or the height of such parapet. Section 10. Buildings on the Same Plot : If more than one building is hereafter placed on any lot or plot, or, if any building is placed on the same lot or plot with an existing building, the several buildings may, for the purposes of this resolution, be considered as a single build- ing. Any structure, whether independent or attached to a building, shall, for the purpose? of this resolution, be deemed a building or a part of a building. If two or more buildings are erected upon contiguous plots and are to be used as parts of a single factory or other industrial establishment, the several buildings shall be considered as parts of one building in applying the provisions of this resolution. If one or more buildings not facing on a street are erected in the rear of another build- ing facing on the same street, which serves also as the sole access to 29 such rear building, the several buildings shall be considered as parts of one building in applying the provisions of this resolution. Section n. Existing Buildings: No building now existing or here- after erected shall be so altered or enlarged as to bring it in violation of any of the provisions of this resolution, nor shall any lot area be so reduced or diminished that the unoccupied areas shall be less than required by this resolution. But nothing herein contained shall require any change in an existing building for which a permit has been hereto- fore approved and the construction of which is diligently prosecuted within a year of the date of the permit, nor in any building for which plans have been filed at the time of the passage of this resolution and a permit for which is issued within three months of the passage of this resolution and the construction of which is diligently prosecuted within a year of the date of such permit. No building, now exceeding the restrictions fixed by this resolution, may be rebuilt, except in accord- ance with the provisions of this resolution, if, for any cause whatever, it is wholly or in part removed ; but nothing in this resolution shall prevent the restoration of a building damaged less than fifty per cent, of its structural parts, or the restoration of a wall declared unsafe by the Superintendent of Buildings. Section 12. Unlawful Occupancy: It shall be unlawful to occupy or permit the occupancy of any building hereafter erected or enlarged and maintained in violation of any of the provisions of this resolution and other than provided in the Certificate of Occupancy issued by the Superintendent of Buildings. Section 13. Enforcement; Penalties: This resolution shall De deemed a part of the Building Code of the City of New York, and each superintendent of buildings shall, in his own borough, enforce its provisions and the rules adopted thereunder. Any and every violation of the provisions of this resolution or of the rules adopted thereunder shall subject the owner, lessee or agent of the building or premises where such violation has been committeed or shall exist, and the architect, builder, contractor or any other person who has assisted in the commission of such violation, to the same legal procedure and the same penalties as are prescribed for violations of the Building Code, and such violation shall be subject to the same legal remedies and prose- cuted in the same manner prescribed in said Building Code. Section 14. Modification of Provisions ; Appeal to Board of Exam- iners or other constituted Board of Appeal: Any property owner or citizen who deems himself injured by the decision or action of the super- intendent of buildings, taken in the enforcement of the provisions of this resolution, may appeal to the Board of Examiners and the decision of the Board upon such appeal shall be final. The jurisdiction of the Board of Examiners shall be limited to the interpretation of the provisions of this resolution as applied to the case on appeal, but the Board may vary the application of the provisions of this act in any specific case which appears to them not to have been contemplated by the resolution although included in it, but no variation in the application of the resolu- tion shall be approved unless in harmony with the purpose of the reso- lution, as stated in Section 15. Section 15. 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 and 30 general welfare, including the safeguarding to each plot or building of a minimum opportunity of light, air and access and the safeguarding for the public who use the buildings of a minimum standard of light, air and safety, and for the public who use the streets of a minimum standard of light and relief from congestion, and the direction of building development in accord with a well-considered plan. Section 16. Tenement House Law to Control When : Wherever the provisions of this resolution require larger open spaces and permit less height or less area of the lot to be covered by a building under the jurisdiction of the Tenement House Law than is required by that law, this resolution shall govern, but wherever the provisions of the Tene- ment House Law, Chapter 99 of the Laws of 1909, require larger open spaces and permit less height or less area of the lot to be covered by a building under its jurisdiction than does this resolution, the Tenement House Law shall govern. Section 17. When Effective: This resolution shall take effect imme- diately.