In New York City the Zoning Resolution requires most properties to have a rear yard. If a property is shallow this can make a rear yard difficult to provide. The Zoning Codes have a stipulation for shallow lots that allow you to reduce the rear yard requirement.
Shallow Lots
An interior lot is any lot that does not count as a through lot or corner lot. You can read another post we wrote about different lot types in NYC. Through lots have rear yard equivalents.
Shallow Residential Zoning Lots
Residential interior lots must have a rear yard of 30 feet. Special considerations are taken in certain instances of Shallow lots see below the different yard reductions available based on zoning districts. The reductions are only available to lots that existed, as they are, on December 15, 1961. You will need to do property records research to determine this. We often handle the records research for our clients.
Shallow Interior Lots in R3, R4, & R5
If an interior lot is in an R3, R4, or R5 Zoning district and is less than 70 feet deep it is a shallow interior lot. In this case for every foot under 70 feet deep you can reduce the rear yard requirement by 1 foot. The minimum rear yard cannot be less than 10 feet.
Shallow Interior Lots R6, R7, R8, R9, & R10
In Residential Zoning Districts if an interior lot is in an R6, R7, R8, R9, or R10 Zoning district and is less than 90 feet deep it is a shallow interior lot. In this case for every foot under 90 feet deep you can reduce the rear yard requirement by 6 inches. The minimum rear yard cannot be less than 10 feet.
R6B Shallow Lot Example:
We recently conducted a zoning analysis on a property for a client who was looking to purchase a shallow zoning lot in an R6B Zoning district. The property was only 75 feet deep. In this case we would be able to reduce the rear yard by 7′ – 6″ resulting in a 22′ – 6″ rear yard.
Shallow Through Lots in Residential Districts
Through lots less than 110 feet deep do not require a rear yard equivalents.
Through lots under 180 feet deep are shallow through lots. The typical rear yard equivalent in 60 feet. For shallow through lots in R6 through R10 zoning the rear yard equivalent can be reduce by 1 foot for each foot under 180 feet. The minimum yard depth would be 20 and the minimum yard depth between buildings would be 40.
Shallow Commercial Zoning Lots
Commercial interior lots must have a rear yard of 20 feet. Special considerations are taken in certain instances of Shallow lots see below the yard reductions available for commercial zoning districts. The reductions are only available to lots that existed, as they are, on December 15, 1961.
Shallow Interior Lots in C1, C2, C3, C4, C5, C6, C7, C8
If an interior lot is in any commercial zoning district and is less than 70 feet deep it is a shallow interior lot. In this case for every two feet under 70 feet deep you can reduce the rear yard requirement by 1 foot. For Commercial interior lots 50 feet deep or less there is no rear yard required.
C6-4 Shallow Lot Example:
We had a client interested in purchasing a property that was a shallow zoning lot in an C6-4 Zoning district. The property was only 60 feet deep. In this case we would be able to reduce the rear yard by 5′ resulting in a 15 foot rear yard.
Shallow Through Lots in Commercial Districts
Through lots less than 110 feet deep do not require a rear yard equivalent. Also some commercial districts are exempt from rear yard equivalents in C1, C2, C3, C4-1, C7, C8-1, C8-2, & C8-3.
Commercial Districts Exempt from Rear Yards except for situations where there are different lot depths: C4-2, C4-3, C4-4, C4-5, C4-6, C4-7, C5, C6, C8-4
Shallow Manufacturing Zoning Lots
Manufacturing interior lots must have a rear yard of 20 feet. Special considerations are taken in certain instances of Shallow lots see below the yard reductions available for manufacturing zoning districts. The reductions are only available to lots that existed, as they are, on December 15, 1961.
Shallow Interior Lots in M1, M2, & M3
If an interior lot is in any manufacturing zoning district and is less than 70 feet deep it is a shallow interior lot. In this case for every two feet under 70 feet deep you can reduce the rear yard requirement by 1 foot. For Manufacturing interior lots 50 feet deep or less there is no rear yard required.
M1-5 Shallow Lot Example:
If a property is on a shallow zoning lot in an M1-5 Zoning district and the property was only 50 feet deep it would not require a rear yard.
Shallow Through Lots in Manufacturing Districts
Through lots less than 110 feet deep do not require a rear yard equivalent. Also no rear yard or rear yard equivalent is required for M district through lots that take the entire block.
Thank You for reading our Blog Post on Shallow Zoning Lots.
I hope this was helpful. You can leave questions or comments below. If you want to discuss a specific project with an architect please feel free to contact us directly.
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.
