R9X 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 R9X Zoning, here is a list of all the other R9 Zoning Districts.
R9 Zoning Districts
Basic R9 District:
R9 Contextual Districts
Commercial Zoning with R9X Residential Equivalent
R9X Zoning NYC
What Is R9X Zoning?
R9X Zoning is considered “high density” residential zoning. It typically has multifamily buildings that are often around 10 stories or more. In an R9D zone you must follow the Quality Housing Program zoning regulations. This is found in a few areas of Manhattan.
Quality Housing Program R9X
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.
R9X Zoning Community Facility
R9X 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.
R9X 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.
R9X 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.
R9X Zoning Regulations For Quality Housing
Lot Size:
Minimum Lot width =18 Feet
Minimum Lot Area = 1,700 Sq Ft
Lot Coverage:
Corner Lot = 100%
Interior or Through Lot = 70%
Floor Area Ratio (FAR):
FAR =9
With Inclusionary Housing Bonus FAR = 9.7
Density Factor
680
Building Base Height: This indicates a setback is required at these heights
Narrow Street
Base Height = 60 Minimum / 120 Maximum (125 With Qualifying Ground Floor)
Wide Street
Base Height = 105 Minimum / 120 Maximum (125 With Qualifying Ground Floor)
A setback is required in the base height range. Or this can be the maximum height of the building without a setback.
Inclusionary Housing Base height
Narrow Street
Base Height = 60 Minimum / 145 Maximum
Wide Street
Base Height = 105 Minimum / 145 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 = 160 or 165 with Qualifying Ground Floor (16 Stories max with QGF)
Wide Street Max Building Height = 170 feet or 175 with Qualifying Ground Floor (17 Stories max with QGF)
Inclusionary Housing Building Height
Narrow Street Max Building Height = 190 or 195 with Qualifying Ground Floor (19 Stories max either way)
Wide Street Max Building Height = 200 feet or 205 with Qualifying Ground Floor (20 Stories max either way)
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.
Yards:
Corner Lot: No Yards Required
Interior Lot = 30 foot minimum rear yard required
R9X 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.
R9X Zoning Example Lot
Lets assume we have a 50 foot wide and 100 foot deep property in an R9X 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 9 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 9
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 = 9
Zoning Floor Area = 5,000 sq ft x 9
Zoning Floor Area = 45,000 sq ft
How many apartments can we build on our R9X lot?
Zoning regulates the maximum number of residential units you can put in a building.
R9X Zoning Example Conclusion
In this example we are proposing to build a 45,000 sq ft building. The apartment building will be at least 13 stories tall and have a setback at least on the top floors. The Building will have a foot print of 50 x 70. It will have a maximum of 66 apartments but can have less as well.
NYC R9X Zoning
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 R9X. 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 R9X 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 you can contact us directly.
Contact Fontan Architecture
This post was written by Jorge Fontan AIA a Registered Architect and owner of New York City architecture firm Fontan Architecture. Jorge Fontan has earned 3 degrees in the study of architecture including two degrees from the City University of New York and a Masters Degree in Advanced Architectural Design from Columbia University. Jorge has a background in construction and has been practicing architecture for 20 years where he has designed renovations and new developments of various building types.
