New York City Building Zone Resolutions AND -low in o Use, Height and Area Districti Borough of Manhattan Borough of The Bronx Borough of Br o o k 1 y n Ex ICtbrta SEYMOUR DURST -t ' fort niewv ^im/lcrjam. oj> Je MriJiatarus When you leave, please leave this book Because it has been said "Ever thing comes t him who waits Except a loaned book." Avery Architectural and Fine Arts Libr^ Gift of Seymour B. Durst Old York Library Digitized by the Internet Archive in 2013 http://archive.org/details/newyorkcitybuildOOnewy New York City Building Zone Resolution Restricting the Height and Use of Buildings and Prescribing the Minimum Sizes of Their Yards and Courts With explanatory notes that will be helpful to Owners, Builders and Architects by George B. Ford Consultant to the Commission on Building Districts and Restrictions These notes arc not official, expressing only Mr. Ford's personal interpretation of the laze. They in no way affect the official rules, standards and decisions promulgated by the Board of Standards and Appeals. Revised for Second Edition Price Two Dollars Copyrighted by NEW YORK TITLE AND MORTGAGE COMPANY 1920 The Plan to divide the City into districts for the purpose of regulating the height of buildings, the area of courts and open spaces and the location of trades and industries, constitutes a radical departure in the building of American Cities, although the principle of municipal control over such improvements has long been recognized in Europe. This plan resulted in the following- resolutions, adopted on July 25, 1916, by the Board of Estimate and Apportionment under authority granted by Chapter 470 of the Laws of 1914, as amended by Chapter 497 of the Laws of 1916. The general favor with which the resolutions have been re- ceived arises not only from the intelligent care exercised in their framing, but also from the equitable methods by which the re- quirements and restrictions of the resolution are varied, or adapted, by the Board of Appeals, in particular cases, so as to avoid undue hardship. By the creation of restricted zones, busi- ness and manufacturing will be confined to those streets and dis- tricts where they can be carried on most suitably, thereby pre- serving the residential districts and stabilizing real estate values. While in the minds of some there may be a question as to the constitutionality of certain provisions, it is hoped by those inter- ested in the improvement of civic conditions that the resolutions in their entirety will finally be upheld by the courts. The New York Title and Mortgage Company believes that it is meeting a need of the real estate public in presenting the Build- ing Zone Resolutions in convenient book form, accompanied by a Map of the Borough of Manhattan, consisting of a compilation of the three large maps issued by the City. For further information about this law, or about the procedure toward securing modifications, or variations from the strict letter of the resolution, apply to the Building Superintendent of any Borough, or to the Secretary of the Board of Appeals, Boom 914, Municipal Building, Manhattan. For information as to the procedure to secure amendments to the use district designations or other provisions of the resolution, apply to the Secretary of the Board of Estimate and Apportionment, thirteenth floor, Municipal Building, or to the Presi- dent of any Borough. CITY OF NEW YORK BOARD OF ESTIMATE AND APPORTIONMENT BUILDING ZONE RESOLUTION (Adopted July 25, 1916) with Amendments to January 1, 1920. A Resolution regulating and limiting the height and hulk of huildings hereafter erected, and regulating and determining the area of yards, courts and other open spaces, and regulating and restricting the location of trades and industries and the location of huildings designed fur specified uses and establish- ing the boundaries of districts for said purposes. Be it resolved by the Board of Estimate and Apportionment of the City of New York : Article I — Definitions § 1. Definitions. Certain words in this resolution are defined for the purposes thereof as follows: (a) Words used in the present tense include the future; the singular number includes the plural and the plural the singu- lar; the word "lot" includes the word "plot"; the word "build- ing" includes the word "structure." (b) The "street line" is the dividing line between the street and the lot. Note.— The street line, as defined hero, is virtually the same as "build- ing line" as used in the Building Code, except that here the street line is without exception the line dividing the public street or open space from private property. Even where there is a setback by law or by covenant in the deed, the street line remains as above defined. (c) The "width of the street" is the mean of the distances between the sides thereof within a block. Where a street bor- ders a public place, public park or navigable body of waters the width of the street is the mean width of such street plus the width, measured at right angles to the street line, of such public place, public park or body of water. Note— If two sides of a street are not parallel the width of the street should be considered to be the mean width of the street within the block to be obtained from the open spaces of parks, etc., but if the street be- tween a building and the park or waterfront is more than 100 feet in width, no exceptional advantage would accrue from the presence of the open space on the other side of the street except in sitting back of of half the sum of the extremes but rather in the sense of the arith- metical mean or weighted average which may be defined as the quotient of the sum of the variables divided by their number. (d) The "curb level," for the purpose of measuring the height of any portion of a building, is the mean level of the curb in front of such portion of the building. But where a building is on a corner lot the curb level is the mean level of the curb on the street of greatest width. If such greatest width occurs on more than one street the curb level is the mean level of the curb on that street of greatest width which has the highest curb elevation. The "curb level" fur the pur- pose of regulating and determining the area of yards, courts and open spaces is the mean level of the curb at that front of the building where there is the highest curb elevation. Where no curb elevation has been established or the building does not adjoin the street the average ground level of the lot shall be considered the curb level. Note.— This definition of curb level is very nearly the same as the one in the new Building Code and the one in the Tenement House Law. It vill be observed, however, that in the last clause of Section 1, paragraph f, the definition of curb in the Tenement House Law should govern ivnercver the building comes under the Tenement House Law. If a corner building faces on a GO-foot street and two 100-foot streets, the li ight of the building may be determined from the higher of the two 100-foot streets. A street or public open space wider than 100 feet should le considered to be of the same width as a 100-foot street. If a building, lot on a corner, runs through a block from one street to another each sheet wall would take its height from the street on which it faces but [he yards and courts would all be reckoned from the curb level of the (e) A "street wall" of a building, at any level, is the wall )r part of the building nearest to the street line. If a of a ould be considered as set le. Of course, this would i and bay windows beyond ' :c from the stre of ordinary dor in the Building tc, provided that they keep within the height all is also intended to include the front walls iccur above the height limit at the street line ront walls of dormers, towers and hcadhouses. include any other wall which is near enough i by the height limits upon such street. Thus or side walls, where they might be affected by of c (f) The "height of a building" is the vertical distance meas- ured in the case of flat roofs from the curb level to the level of the highest point of the roof beams adjacent to the street wall, and in the case of pitched roofs from the curb level to the mean height level of the gable. Where no roof beams exist or there are structures wholly or partly above the roof the height shall be measured from the curb level to the level of the highest point of the building. Where a building is a tenement house as defined in the Tenement House Law the height of the building on the street line shall be measured as prescribed in said law for the measurement of the height of a tenement house and such measurement shall be from the curb level as that term is used in said law. Note.— The height of a building is virtually the same as defined in the Building Code. A roof sign or other structure on the building would have to come within the height limit. Parapets, dormers, headhouses, roof signs, etc., may be excepted from the above as set forth in the ex- ceptions to the height provisions in Section 9. The last sentence in 1-f was added in order to allow nine stories to be erected in the 90 feet of height allowed for apartments under the Tenement House Law on the 00 foot streets of the city. This would be virtually impossible under the definition of height in the first sentence of 1-f. The height of a building having a pitched roof, the gable of which does not face the street, should be measured to the level of the highest point of the roof beams where they are adjacent to the street wall. (g) The "depth of a lot" is the mean distance from the street line of the lot to its rear line measured in the general direction of the side lines of the lot. 5 Hiding between the rear line of the building and of the lot. (i) Tin- "depth of a rear yard" is the mean distance 1 ween the rear line of the building and the rear line of the 1 (j) Lots or portions of lots shall be deemed "back to back" when they are on opposite sides of the same part of a rear line common to both and the opposite street lines on which the lots front are parallel with each other or make an angle with each other of not over 45 degrees. Not s of t i the i el. if higher, vail boundin; l height of s of the horizontal el. If two opposil the horizontal ( to be the mean di .t any level is d or court at :ourt are not em shall be i then irregular shape, say, for example, a dimensions in each direction would would be the one taken for the pur- be obtained as follows: For each ■ horizontal dimensions of the court L-rpendicular to such side should be of the of such i 1 of r . Wh should not be measured jraph will undoubtedly mined by the Board of Appeals. The "length of an outer court" at any given point shall surcd in the general direction of the side lines of such rom the end opposite the end opening on a street, or a ml, to such point. w to encouraging the widening mds. 1 offset i length. t ends of blocks general, it is the 1 be back to back Article II — Use Districts S 2. Use Districts. For the purpose of regulating and restricting the location of trades and industries and the loca- tion of buildings designed for specified uses, the City of New York is hereby divided into three classes of districts: (1) residence districts, (2) business districts, and (3) unrestricted (k) A "court" is an open unoccupied space, other than a rear yard, on the same lot with a building. A court not ex- tending to the street or to a rear yard in an "inner court." A court extending to the street or a rear yard is an "outer court." A court on the lot line extending through from the street to a rear yard or another street is a "side yard." Note — The definitions of courts are approximately the same as those of the Tenement House Law. In the case of a building- that is not required to have a rear yard, a rear open space equal in size to an inner court would he required where an outer court or a side yard opens on it. Where a court or yard consists of one or more distinct parts, each part should be considered bv itself and its required dimensions and area determined accordingly. (1) The "height of a yard or a court" at any given level shall be measured from the lowest level of such yard or court as actually constructed or from the cu such level. The highest level of any § court or yard shall be deemed to be th< wall. Where a building is a tenement h House Law, the height of a red as prescribed in such law. districts this rcso 5 she i the use district map which accompanies nd is hereby 1, elu d tc The use district which accompam to be part thereo use district mi ) building or pr se other than ; be part hereof. The ■e hereby established, nap designation rules are hereby declared niscs shall he erected purpose permitted in r premises is located. t thr> mild I, § 3. Residence Districts. In a residence district no milding shall be erected other than a building with its usual .ccessories. arranged, intended or designed exclusively for me or more of the following specified uses: (1) Dwellings which shall include dwelling for one or nore families and boarding houses and also hotels which have hirty or more sleeping rooms. (2) Clubs, excepting clubs the chief activity of which is a crvicc customarily carried on as a business. (3) Churches. (4) Schools, libraries or public museums. (5) Philanthropic or eleemosynary uses or institutions other ban correctional institutions. (6) Hospitals and sanitariums. (7) Railr (8) Farn ick gardet r green houses. ' In a residence district no building c for any use other than a use above spec may be erected and for the accessor dent thereto. The term accesory use ness nor shall it include any buildin the same lot with the building or use A private garage for more than five be deemed an accessory use. » the could hardly be objectionable. A private gar; car, covdd not be located in a residence distric one on which the house was located. § 4. Business Districts, (a) In a building or premises -hall be used, and erected which is arranged, intended or for any of the following specified trades Ammonia, chlorine or bleaching po\ Asphalt manufacture or refining. Assaying (other than gold or silver ] Blacksmithing or horseshoeing. Boiler making. Brewing or distilling of liquors. Carpet cleaning. Celluloid manufacture. Crematory. Distillation of coal, wood or bones. Dyeing or dry cleaning. Electric central station power plant Fat rendering. Fertilizer manufacture. Garage for more than five motor a warehouse where motor vehicles storage only, and not including motor vehicles are kept for sale purposes only. Gas (illuminating or heating) mam Glue, size and gelatine manufactur Incineration or reduction of garbaj or refuse. Iron, steel, brass or copper works. Junk, scrap paper or bag storage o Lamp black manufacture. Lime, cement or plaster of Paris manufacture. Milk bottling and distributing station. Oil cloth or linoleum manufacture. Paint, oil, varnish or turpentine manufacture. Petroleum refining or storage. Printing ink manufacture. Raw hides or skins — storage, curing or tanning. Repair shop for motor vehicles. Rubber manufacture from the crude material. Saw or planing mill. Shoddy manufacture or wool scouring. Slaughtering of animals. Smelting. Soap manufacture. Stable for more than five horses. Starch, glucose or dextrine manufacture. Stock yards. Stone or monumental works. SasoLine i jAfis i ess district no uilding shall be ned to be used, - baling. C^^A(Cc L IN I J ^ • fE've^ Repairs. Sugar refining. Sulphurous, sulphuric, nitric < facture. Tallow, grease or lard manut; Tar distillation or manufactui Tar roofing or tar waterprool drochloric acid manti- (b) uill be odor, dust oke, gas ( shall i mission of places of nses shall be :ted. which i (c) In a business district nc used, and no building shall be tended or designed to be used except that any kind of mam the prohibkions of paragraphs carried on provided not more floor space of the building is : area of the lot may be so used of said 25 per cent. The print deemed manufacturing. Xo u: trict by section 3 shall be excluded from a business district. Note. — In a business district a limited amount of unobjectionable manufacturing might be carried on provided that the aggregate area de- not included within f this section may be er cent, of the total it space equal to the e. although in excess nvspaper shall not be d in a residence dis- icluding where ricts for which ded 1 y this article. mined they should be considered § 6. Existing Buildings and Premises, (a) Any use exsiting in any t uilding o mises at the tir te of the passage of this resolution and not conformii g to the regulations of 'th e use dist rict i n which it is t may be continuec therein. No e xisting building arranged, intende ted t nitted by this article in tl hich such use shall be enlarged , extendec , rec onstructed or st ructurally altered unless su ch use is chan* mitted in the district in which sue h bt ilding is locat »d. Such building may, ho\ urally alt- ered to an extent r tha the value- of the building, t ndations, prpvid d that n<> use in such buildi ig is chan r extended, excev t as auth- orized in paragra )h b of th ion, and provide 1. further, that no use inclu led in any of the enumerate d subdivi- sions of paragra >h a of s nto a use included in any other enumerated subdivision of para- graph a of section 4 or into a use prohibited by para- graph b of section 4, and also provided that no use pro- hibited by paragraph b of section 4 is changed into an- other use prohibited by paragraph b of section 4 or into a use included in an enumerated subdivision of paragraph a of section4. (b) Any use existing in any building or premises at the time of the passage of this resolution and not conform- ing to the regulations of the use district in which it is maintained may be changed, and such use may be ex- tended throughout the building, provided that in either case: AJv 'T'"j56l_£r pAlin^S-- structural alteratio scent as authorized inder such condi- of the more re- authorized in this changed, subject 1 paragr; Notc- ime of passage of this resolul lanufacturing, should be allov per cent, of the value of the section, the j the limita- 1 4 of this of t • fact ted .li- the latter case the store had no show windows or lin the residence district. Preventing the blocking street with delivery wagons would probably be a efusing such an extension. Cases of the above he end of a block or through the middle of a block. . residence district a central telephone ex- Ming or use in keeping with the uses ex- i in section 3 as the purposes for which ses may be erected or used in a residence ,n 4 ht i by t allowed by the Hoard of i building foi which plans had been filed at the time of passage of this resolution. On the other hand, it is intended that a building which has been occupied fur business use and not for manu- facturing shall not be converted to industrial use where it happens to come in a business district. A private house could be altered into a club house or boarding house within a residence district, but not into a store or other business or industrial use. § 7. Use District Exceptions. The Board of Appeals, created by chapter 503 of the laws of 1916, may, in appropriate cases, after public notice and hearing, and subject to appro- priate conditions and safeguards, determine and vary the application of the use district regulations herein established in harmony with their general purpose and intent as follows : (a) Permit the extension of an existing building and the existing use thereof upon the lot occupied by such building at the time of the passage of this resolution or permit the erec- tion of an additional building upon a lot occupied at the time of the passage of this resolution by a commercial or industrial establishment and which additional building is a part of such establishment. — This would permit ai ; of passage of this resi vided that vided l of the land area occupied and need, after due notice and public hearing, leiglihoi Imod. It is not assumed, for ex- on a one-story garage in a residence dis- i three story garage, as that would doubt- ghborhood. The Board of Appeals would aring. to which lu ami' all affected would district boundary line di he time of the passage o ed on either portion of si not more than 25 feet b ct in which such use is.ai Pe :ss dis the erection or exten- any portion of a street sion of a garage or stable between two intersecting streets in which portion there exists a garage for more than five motor vehicles or a stable for more than five horses at the time of the pas- sage of this resolution. Note. — Public garages or stables are not permitted in business dis- tricts but where they have located on business streets prior to the passage of this resolution anil have already harmed the block even for business purposes so that it has little value except for garages and stables then the Board of Appeals would have the power to let the rest (f) loard of Appeals c (g) Permit in /eloped sections of the city temporary its for not more than two years for i contravention of the requirements of w a man in an outlying part of the city in n on the map as a future residence section to ;ing plant or a public garage, provided that he the end of two years if the Hoard of Appeals a nuisance. If there seemed to be any doubt • the owner to remove the building later the emand that he give a bond. esidence distr : the i the of the owners of 80 per cent, of the • the Board to be immediately affected arage. Such permit shall specify the ipacity of the garage and shall impose ms and safeguards upon the construc- III — Height Districts Height Districts. For t titing the height and bulk of rpose of regulating ngs hereafter erected, J into five classes of one and one-quarter les districts, (d) two 8 on the height district map which ac and is hereby declared to be part hei designated on said map are hereby imes districts ; as shown □mpanies this resolution ?of. The height districts ;stablished. The height district map designations and map designation rules which accompany said height district map are hereby declared to be part thereof. No building or part of a building shall be erected except in conformity with the regulations herein pre- scribed for the height district in which said building is located. (a) In a one times district no building shall be erected to a height in excess of the width of the street, but for each one foot that the building or a portion of it sets back from the street line two feet shall be added to the height limit of such building or such portion thereof. ul.l alt.-, lew Kin wlu-i t hot me- d.-tr would slope back i ically mple. above 90 feet on a 00-foot street in one and he can add on an upper 30 feet provided he sets < 10 feet from the street line. He can make that e height limit in the form of a mansard which ratio of one foot horizontally to three feet ver- setback of three and one-third feet for each of three ries, or in a setback of 10 feet for the whole height of 30 feet; then can set back again above the top of this setback provided he keeps hin the same setback plane. In general the setbacks might be deter- ned by a line drawn from the center of the street up through the ■izontal line in the strict wall on the street line at the level of the ght limit on the street line for that district and street, ^n the street in question this horizontal height limit line would be at level of 90 feet. These two lines would determine a plane which ;ht be called a setback plane and no portion of the building erected ive the height limit would project in front of this setback plane except allowed later on in the case of dormers, towers or parapets. Not only t, but no portion of any building, whether it actually fronts on the (.li hi a two times district no building shall be erected to icight in excess of twice the width of the street, but for each e foot that the building or a portioji of it sets back from ■ street line, four feet shall be added to the height limit of the height limit of i SETBACK PRINCIPLE:. milding shall tha Lalf tunes the pli( the building no? In a two and one-halt times district no building shall ted to a height in excess of two and one-half times th of the street, but for each one foot that the building rtion of it sets back from the street line, live feet shall •d to the heighl limit of such building or such portion Height District Exceptions, (a) On streets less ) feet in width the same height regulations shall ap- s on streets 50 feet in width and, except for the pur- if paragraph d of this section, on streets more than 100 width the same height regulations shall be applied as vidth. uld be permitted to go just ; runs op from the < ter of the street through the limit- p& mg height at the street line ?/////;/>}//////////. i the side •r street. larrower street, near its intersection with a building or any part of any building fronting • street within 100 feet, measured at right of the wider street, shall be governed by the s provieted for the wider street. A corner intersecting streets shall b.e governed by the s provided for the wider street for 150 feet such wider street, measured along such nar- nded that any building or any part of a building ins through t : height carry its height on the wider street back for 150 feet r street. This would mean that on a corner of a 100 t in a one and one half times district an office building ouse might carry 150 feet of height on the street wall ng the side street and from there on down the side all on the street line could be only 90 feet in height, 1 might continue on up to 150 feet in height like the 9 HLIGHT LIMITS \% TIMES DISTRICTS Same prwc/p/es app/y w esc/? o/~ Me o//?er d/jfric/s Set backs may be J/ eac// s/ory or iserers/ s/or/es a/ once or //? //?e farm of~ a mansard 10 .nidi i> reduced > ng above ich height :ase be at (e) When at the street. The ave be computed by ; prescribed height ge would that al- 1 90' 1 160' Bld'g Bld'g |'.. • • •••• | ELxcess = 40' a 2 times district Excess --80' Proposed Building may goto |< 1 1 Article IV— Area Districts § 10. Area Districts. For the purpose of reg determining the area of yards, courts and other for buildings hereafter erected, the City of Nc herel.y divided into five classes or area districts: and E; as shown on the area district map which A, B, C, D of. rhe this resolution and is hereby declared to be p area districts designated on said map are hereby established. The tl rea district map designations and map designation rules which accompany said area map are hereby declared to be a part thereof. No building or part of a building shall be erected except in conformity with the regulations herein pre- scribed for the area district in which such building is located. Unless otherwise expressly provided the term yard, side yard, outer court or inner court when used in this article shall be deemed to refer only to a rear yard, side yard, outer court or inner court required by this article. No lot area shall be so reduced or diminished that the yards, courts or open spaces shall be smaller than prescribed in this article. from shutting off or decreasing below a reasonable amount the access of light and air to windows in neighboring buildings, especially on the lower stories. It would also provide for reasonable and adequate lighting of rooms in the lower stories of the building itself where they face on a of the block from space §11. A Districts. In an A district a court at any given height shall be at least one inch in least dimension for each one foot of such height. Note. — The A districts are intended to make it possible for ware- storage plants, i . of the light from side, The \ -list have been located only .•rfront and along certain freight railways, where [S would be most likely to locate and also where ive the least harmful effect on surrounding tene e Light and Ventilation ordinance of the Board n general that a court for the lighting and ven- tall have a width at any point of not less than of height, and this provision is retained here as It is understood that any tenement house in an 3 conform to the Tenement House Law, and any arehouses would have to conform to the Light area'b districts interior lots 12 § 12. B Districts. In a B district a rear yard at any given height shall he at least two inches in least dimension for each one foot of such height. The depth of a rear yard at its lowest level shall he at least 10 per cent, of the depth of the lot, but need not exceed 10 feet at such level. An outer court or a side yard at any given height shall be at least one inch in least dimension for each one foot of such height. An outer court at any given point shall be at least" one and one- half inches in least dimension for each one foot of length. But for each one foot that an outer court at any given height would, under the above rules, be wider in its least dimension for such height than the minimum required by its length, one inch shall be deducted from the required least dimension for such height for each 24 feet of such height. A side yard for its length within 50 feet of the street may for the purposes of the above rule be considered an outer court. Note— In the B districts, all buildings, whether stores, offices, factory lofts, hotels or apartments, would have to conform to the above pro- visions with regard to yards and courts, which are approximately the same as those required by the Tenement House Law up to between 90 and 100 feet in height. Above that height yards and outer courts under this resolution Would have to be a little larger and become increasingly larger as the building went up in height. Inner courts on the lot line below 120 feet in height, while inner courts not on the lot line would not become larger below 228 feet in height. Whenever rear yards are required above a level 23 feet above the curb level, they should never be less than 10 feet deep on a lot 100 feet or more in depth. Where a building is back to back with another building, a required rear yard at 150 feet in height would have to be 25 feet in least dimension; at 90 feet in height it would have to be IS feet in least dimension, all heights being taken from the curb level where they relate to buildings in a resi- dence district. If the building were not in a residence district, 3 feet 10 inches might be subtracted from each of these least dimensions, as the yard might start 23 feet above the curb. width, it would have to be widened out somewhat at the open end. At 90 feet in heignt, such outer court would have to be 7' ', feet in width. If, in a building 150 feet high where an outer court would normally have to be 12'/ 2 feet wide, the court, instead of eight times, is not over four times as long as it would have to be wide; that is, not over 50 feet long, then it could be six inches narrower for every 24 feet of height or three feet narrower for a building between 144 and 108 feet high. This would bring it down to what is required under the Tenement House Law. By the same rule, the side yard required under the Tenement House Law may be reduced from 12or/jo/?/a/ ' c//mer>s/'or?s of^yards a/?d courts trtere re fv/re(/ are s/?otrf? 6e/ow. Or? /o/s 30 fee/ 1 or /ess //? w/df/? f/?e court proris/or?s for C d/sfr/cfs may be fo//owed r?es/de/?ce D/sfr/cfe Figure (c) In a D district no building located within a residence district as designated on the use district map shall occupy at the curb level more than 60 per cent, of the area of the lot, if an interior lot, or 80 per cent, if a corner lot. In computing such percentage any part of the area of any corner lot in excess of 8,000 square feet shall be considered an interior lot. Note. — No building within a residence district and within a D district could occupy more than 60 per cent, of any interior lot. If the pro- open space, then tl do. In a 1) distr occupy SO per cen of t t 100 by 100 fee ,r an average of ns less than 8,000 of the corner plot, whole plot. If the actual lot on the square feet, the adjoining lots, if not the would be considered as strictly interior (d) If the owner or owners of aside perpetually for the joint recr of such part designated by them, per cent, of the area of such part court requirements for a C distric to the regulations herein prescribed for a C district. Suci joint recreational space shall be composed of one or more tracts, each of which shall be at least 40 feet in least dimension and 5,000 square feet in area and shall be approved by the Board of Appeals as suitable for the joint recreational use of such residents. my part, of a D district set ational use of the residents in area at least equal to 10 in addition to all yard and , such part shall be subject Note. — The note for section 13-b applies here as well. $15, E Districts, (a) In an E district a rear yard at any given height shall be at least five inches in least dimen- sion for each one foot of such height. The depth of a rear yard at its lowest level shall be at least 15 per cent, of the depth of the lot, but need not exceed 15 feet at such level. If a building in an E district is located in a residence district as designated on the use district map, the depth of a rear yard at its lowest level shall be at least 25 per cent, of the depth of the lot, but need not exceed 25 feet at such level. How- ever, for each one foot in excess of 10 feet of the depth of such rear yard at its lowest level there may be substituted one foot of depth of unoccupied space across the whole width of the front of the lot at the curb level between the street line and the street wall of the building. In an E district on at least one side of every building located within a residence district there shall be a side yard along the side lot line for the full depth of the lot or back to the rear yard. , (b) In an E district an outer court or side yard at any given height shall be at least two and one-half inches in least dimen- sion for each one foot -of such height. On a lot not more than 50 feet in mean width an outer court or a side yard at any given height shall be at least two inches in least dimension for each one foot of such height. An outer court at any given point shall 1)C at least two and one-half inches in least (limcn- windows, porches, etc. The provision allowing the occupancy of 40 per sion for each one foot of length. in^aM't'o^t^th ° f ' h ° i^o''''' ""i ^u' spacc f ' s lntcncl ^ d 10 be Note— The E districts were intended primarily to provide detached I„ the case of a building not within a residence district on a 100-foot and semi-detached house districts with light and air on all sides of the deep lot the rear yard would have to be only 15 feet deep, and no lim buildings. On a residence street a rear yard for such a house for lots itation is placed on the percentage of the lot which the building might 100 feet deep would be 25 feet deep at the ground story, except that cover. Th/. court provisions, however, would remain the same. It would garages and other outbuildings might occupy 40 per cent, of such rear be possible to build an apartment house in an E district provided it con- yard area, and in an ordinary 2>/ 2 -story house, approximately 25 feet formed with these percentage and yard and court requirements. Where high, an outer court or side yard would be at least 5 feet 2!4 inches a required depth of a rear yard at the curb level would be over 10 feet wide. Such a side yard would be required only on one side of a house and the building sets back from the street line across the whole front However, if a lot is 50 feet or less in width, a side yard of this sort for of the lot at the curb level, the rea a 2^-story house could be reduced to 4 feet 2 inches. The 50 per cent. by one foot for every foot of setbacl allowance on the ground Story would allow for one-story wings, b y not be reduced to less than 10 feet. AREA E" DISTRICTS //? a res/de/?ce (//strict e/ery t>(//td//?y s/?a//t?a/e o/?e s/de yard- t>u/M/?js attacked//? rows are tt? ere/by prot?/t>/ted No perce/?/aye restnef/o/? (c) In an E district no building located within a residence district as designated on the use district map shall occupy at the curb level more than 50 per cent, of the area of the lot, if an interior lot, or 70 per cent, if a corner lot, and above a level 18 feet above the curb no building shall occupy more than 30 per cent, of the area of the lot, if an interior lot, or 40 per cent, if a corner lot. In computing such percentage any part of the area of any corner lot in excess of 8,000 square feet shall be considered an interior lot. Note. — In most cases an E district house would be on a lot not less than 40 by 100 feet. On such a lot 30 per cent, of the lot area above the ground story would equal 1,200 square feet, giving a house 30 by 40 feet in size. On a lot 50 by 100 feet this would allow 1,500 square feet, giving a house 30 by 50 feet in size. The percentages specified in this section are intended to include all garages and other buildings, as well as porches, sheds, bay windows, balconies, etc. The occupancy of 40 per cent, of the rear yard is intended to allow flexibility in placing accessory buildings without increasing these percentages. § 16." Rear Yards, (a) Except in A districts, for lots or portions of lots that are back to back there shall be rear yards extending along the rear lot lines of such lots or portions of lots wherever they are i than 55 feet back from the near- est" street ' Such 'rear yard shall be at least of the area and dimensions herein prescribed for the area district in which it is located at every point along such rear lot line. Within 55 feet of the nearest street no rear yards shall be required. No rear yard shall be required on any corner lot nor on the portion of any lot that is back to back with a corner lot. Note— In this rule it is assumed that within building can be lighted directly from the street, deep through from street to street under ordinar; hardly be necessary or practicable to demand r blocks become deeper than that rear yards become sary. On a lot 60 feet deep a rear yard would b. , feet of a street a a block is 110 feet i fee ) fee If a t rear yard would similar conditions, lock were 200 feet her 150 feet deep, no r< xcept that the building to paragraph (d) of t 16 REAR YARDS. (I)) Where a building is not within a residence district as designated on the use district map, the lowest level of a rear yard shall not lie above the sill level of the second story win- dows, nor in any case more than 23 feet above the curb level. Where a building is within a residence district the lowest level of a rear yard shall not be above the curb level, except that not more than 40 per cent, of the area of the yard may be occupied by the building up to a level 18 feet above the curb level. In the case of a church, whether within or without a residence district, such 40 per cent, may be occupied up to a level of 30 feet above the curb level. REAR YARDS. sill level of the second story windows and in any case above a level 23 feet above the curb level, a court of at least equiv- alent area at any given height to that 'required for an inner court at such height and having a least dimension not less than that required for art outer court at the same height. Note.— Vndei the Tenement House Law a building over 70 feet deep, which runs through the block, or from street to street, not on a corner, has to be built around a rear yard, and thus the building is divided into two entirely separate units. In many non residential buildings this is impracticable, and therefore it is suggested that if a building runs through the block from street to street it should contribute to the com mon light and air of the common rear yard spaces in the center of the block, by giving up on each side an unoccupied space above the ground story equal, at least, to an inner court in area, but differing from an inner court in that the least dimension need be no greater than that re- quired for an outer court. If, however, this court is necessary for light LOTS RUNNING THROUGH FROM STREET TO STREET of a church, which would alb yard up to (c) a provided they do not exceed aggregate and do not obstruct tant thai , where eed five (d) Except in A districts, where a building on an interior lot, between lots for which rear yards are required, runs through the block from street to street or to within 55 feet of another street, there shall lie on each side lot line above the e erected within a rear yard e square feet in area in the •ntilation. ues and stacks be located in rear •y will do the least harm. In no Figure 10 (e) When a proposed building is on a lot which is back to back with a lot or lots on which there is a building or build- ings having rear yards less in depth than would be required under this article, the depth of the rear yard of the proposed building shall not be required to be greater at any, given level than the average depth of the rear yards directly back to back with it at such level, but in no ease shall the depth of such rear yard be less at any height than the least dimension pre- scribed for an outer court a-t such height. 1 2 stories or more in height, with rear yards considerably less in depth than would be required under this resolution. In fairness to a person who would erect a new building back to back with such buildings, this section would permit him to make his 'rear yard about the same as the average of his back to back neighbors' • yards. In determining such an average of back to back yards, a rear yard as large or greater than that required under this resolution would be reckoned as though it wer£ of the size here required. Above the top of an e xisting building its rear yard would be reckoned as though it were of the required size. In a building 150 feet high in a B district, the minimum size of such a rear yard at the top must be in any case at least 12 feet 6 inches in least dimension at the top, which is the minimum width of an outer court at § 17. Courts, (a) If a room in which persons live, sleep, work or congregate receives its light and air in whole or in part directly from an open space on the same lot with the building, there shall be at least one inner court, outer court, side yard or rear yard upon which a window or ventilating skylight opens from such room. Such inner court, outer court or side yard shall be at least of the area and dimensions herein prescribed for the area district in which it is located. Such rear yard shall be at least of the area and dimensions herein prescribed for an inner court in the area district in which it 17 level to the sky unobstructed, except for the ordinary projec- tions of skylights and parapets above the bottom of such court or yard, and except for the ordinary projections of window sills, belt courses, cornices and other ornamental fea- tures to the extent of not more than four inches. However, where a side yard or an outer court opens on a street a cornice may project not over five feet into such side yard or outer court within five feet of the street wall of the building. i the opposite beyond the walls (b) rhe least dimension of an outer court, inner court or of yards and courts wouU1 follow the Bui i din g ( de yard at its lowest level shall be not less than four feet, tion within five feet back from a street wall is made so as to allow cor- tcept that where the walls bounding a side yard within the lot ™"s or eaves to retain their full width for architectural fitness. •e not more than 25 feet in mean height and not more than (b) An open or lattice enclosed iron fire escape, fireproof ) feet in length, such least dimension, except in an E district, outside stairway or solid-floored balcony to a fire tower may ay be not less than three feet. Where any outer court opens project not more than four feet into a rear yard or an inner i a street such street may be considered as part of such court, except that an open or lattice enclosed iron fire escape >urt. may project not more than eight feet into a rear yard or into .V ( ./,.._The least dimension of no conn or yard should be less than an inner court when it does not occupy more than 20 per cent. ur feet at any level; but two story buildings not over 25 feet high f the area of such inner court. ... . Note. — The provisions with regard to fire-escapes, fireproof outside ng, wi u w g on .1 , on, mi n uu 1. 1 cour opening stairways, and solid-floored balconies to fire towers follow in general the i a street mig inclu e part ot tne street wit in its require imen- ru i; n g S f ,h c Tenement House Department. As it is not desirable that 3nS - fire-escapes, etc., should project four feet into an outer court, no allow- (c) The least dimension (if an inner Court at any given ance for the same is made. In a rear yard, however, the requirements 51ght shall be not less than that which would be required in of other laws as to lattice enclosed fire-escapes demand a projection of ches for each one foot of height for a rear yard of the same at lcast 7 feet 8 inchcs ' Therefore 8 *«*« 6 inches wa « allowed. H □t that such side yard is less than 65 feet in depth reet, one square foot may be deducted from the >a of the inner court for each 15 feet of height of |f the lot is not required under this resolution area may be corr e S p 0nding .y wider than otherwise necessary, area its least ^ ^ corner of a court or yard may bi st dimension. q{ the game , )ui]ding provided that the side yard for of such cu ,. off doeg nQt excced sevcn £eet .hould be all open at he lot and s such ease. ts in yards or courts is intended to be Tenement House Law. Offsets could but not deeper. It is not intended, used to increase the length of outer 1 on the same lot with another shall, for the purposes of this ,ingle building. Any structure, ttached to a building, shall for deemed a building or a part of rd to one another shall be considered le to .an existing plan, even though 18 is highly desirable that the whole plot should be considered as a unit (f ) If an additional story or stories are added to a building existing at the time of the passage of this resolution, the courts and yards of which do not conform to the requirements of this article, the least dimensions of yards and courts shall be increased from the top of the existing yard or court walls, as though they were of the prescribed dimensions at such heights and the carrying up of existing elevator and stair enclosures shall be exempted from the provisions of this article. Note— If, in a B district, an existing building 150 feet high had a rear yard only 15 feet wide, instead of 25 feet, as herein required, the first additional 12-foot story would not have to set back 27 feet from the rear line, but only 17 feet, and in the case of a stair or elevator, the rear wall could go up straight on the existing rear wall. Article V. — General and Administrative § 19. Interpretation; Purpose. In interpreting and ap- pl\ ing 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. It is not intended by this resolution to repeal, abro- gate, annul or in. any way to impair or interfere with any ex- isting provision of law or ordinance or any rules, regulations or permits previously adopted or issued or which shall 1>c adopted or issued pursuant t< > law relating to the use of build- ings or premises ; nor is it intended by this resolution to inter- fere with or abrogate or annul any easements, covenants or other agreements between parties ; provided, however, that where this resolution imposes greater restrictions upon the use of buildings or premises or upon height of buildings or re- quires larger yards, courts or other open spaces than are im- posed or required by such existing provision of law or ordinance or by such rules, regulations or permits or by such easements, covenants or agreements, the provisions of this resolution shall control. § 20. Rules and Regulations; Modifications of Pro- visions. The Board of Standards and Appeals, created by chapter 503 of the laws of 1916, shall adopt from time to time such rules and regulations as they may v deem necessary to carry into effect the provisions of this resolution. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this resolution the Board of Appeals shall have power in a specific case to vary any such provision in harmony with its general purpose and intent, so that the public health, safety and gen- eral welfare may be secured and substantial justice done. Where the street layout actually on the ground varies from the street layout as shown on the use, height or area district map, the designation shown on the mapped street shall be applied by the Board of Appeals to the unmapped streets in such a way as to carry out the intent and purpose of the plan for the particular section in question. Before taking any action ithorized- in this section the Board of Appeals shall give ublic notice and hearing. No garage for more than fiv rected or xtended and no building not i irage for more than five cars may have it s use changed to a garage for more than five cars on an - portion of a s treet be- tween two intersecting streets in which porti on there exists an exit from or an entran e to a public sch< s a char- itable institution ; and in no case \ within a distance d f 200 feet from the nearest exit from or e ntrancc to a pubii nor within two hundred feet of any hospital maintained as a charitable institution. This protection shall also apply to duly organized schools for children under 16 years of age, giving regular instruction at least five days a week for eight months or more each year, owned and operated by any established religious body or educational corporation. This limitation on the location of garages shall apply to unrestricted as well as business and residence districts; but in no case shall it apply to cases where applications for the erection or extension of garages or - the conver- sion of existing buildings into garages may be pending before the Board of Appeals at the time of the adoption of this resolution. [This paragraph added June 6, 1919, and amended June 20, 1919.] so as to fit exactly every specific case that may arise. The Board of Appeals would interpret and apply the law in such cases, but only after due public notice and hearing. There are many cases in the five ho\- oughs where the mapped streets do not follow those on the ground. The districting plans necessarily had to be shown on an official map. Event ually the streets on the ground would be changed to conform with the map or vice versa. In the meantime the Board of Appeals would inter- pret the maps so as to apply their intent to the streets on the ground. It seems desirable for the future, whenever the Board of Estimate is considering a topographical map change that will affect the districting maps, that it hold a hearing on both changes at the same time. § 21. Unlawful Use; Certificate of Occupancy. It shall be unlawful to use or permit the use of any building or prem- ises or part thereof, hereafter created, erected, changed or tificate of occupancy, to the effect that the building or premises or the part thereof so created, erected, changed or converted, this resolution, shall have been issued by the superintendent of buildings of the borough in which such building or prem- ises is located ; or, in the case of a tenement house as defined in the Tenement House Law, by the tenement house commis- sioner. In the case of such buildings or premises it shall be the duty of the superintendent of buildings or the tenement house commissioner, as the case may be, to issue a certificate of occupancy within ten days after a request for the same shall be filed in his office by any owner of a building or prem- ises affected by this resolution, provided said building or prem- # ises, or the part thereof so created, erected, changed or con- verted, and the proposed use thereof, conform with all the requirements herein set forth. Under rules and regulations of the Board of Standards and Appeals a temporary certificate of occupancy for a part of a building may be issued by the superintendent of buildings or the tenement house commis- sioner as the case may be. Upon written request from the owner, the superintendent of buildings or the tenement house commissioner, as the case may be, shall issue a certificate of occupancy for any building or premises existing at the time of the passage of this resolution certifying after inspection the use of the building or premises and whether such use con- forms to the provisio is of this resolution. Wofc— This certificate of occupancy is in line with that required under the Building Code, but for the purposes of this resolution, in particular that the certificate be based on the use definitions and classification of this resolution. It is 'provided also that a certificate of occupancy can he issued for part of a building, but such certificate could only be tern porary. It is also provided that anyone can secure at any time a cer- tificate of occupancy for an existing building. § 22. Enforcement, Legal Procedure, Penalties. This sioner, the fire commissioner and by the superintendent of buildings in each bonjugh under the rules and regulations of 19 v7 the Board of Standards and Appeals. The tenement house commissioner shall enforce the provisions herein contained in so far as they affect or relate to tenement houses as defined by the Tenement House Law. The superintendent of build- ings shall in each borough enforce the provisions herein con- tained in so far as they relate to buildings or premises other than tenement houses. The fire commissioner shall enforce the provisions herein contained in so far as they relate to the use of completed buildings or premises, or part thereof, other than tenement houses. For any and every violation of the pro- visions of this resolution or of the rules and regulations adopted thereunder, the owner, general agent or contractor of a budding or premises where such violation has been com- mitted or shall exist, and the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other per- son who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall be liable to the same legal procedure and the same penalties as are prescribed in any law, statute or ordinance for violations of the Building Code, and for such violations the same legal remedies shall be had and they shall be presented in the same manner as prescribed in any law or ordinance in the case of violations of said Building Code. Note. — The building superintendents, the fire commissioner and the tenement house commissioner, each would enforce that which is as- signed to his jurisdiction under the law. The fire commissioner, under his "housekeeping" functions, would enforce the "use" provisions after the completion of the building. The tenement house commissioner would enforce everything that had to do with tenement houses. An amend- ment to the Tenement House Law, which went into effect in April, 1916, reads as follows: "Wherever the provisions of any local ordinance or regulation impose requirements for lower height of building or a less percentage of lot that may be occupied, or require wider or larger courts or deeper yards, the provisions of such local ordinance or regulation shall govern. Where, however, the provisions of this chapter impose requirements for lower height of building or a less percentage of the lot that may be occupied or require wider or larger courts or deeper yards, than are required by such local ordinance or regulation, the provisions of this chapter shall govern." All other matters, including the with- holding of building permits or certificates of occupancy, would be under the building superintendents, subject to the control of the Board of Standards and Appeals and the Board of Appeals. § 23. Amendments, Alterations and Changes in District Lines. The Board of Estimate and Apportionment may from time to time on its own motion or on petition, after pub- lic notice and hearing, amend, supplement or change the regu- lations and districts herein established. Whenever the owners of 50 per cent, or more of the frontage in any district or part thereof shall present a petition duly signed and acknowledged to the B. ard of Estimate and Apportionment requesting an amendment, supplement, change or repeal of the regulations prescribed for such district or part thereof, it shall be the duty of the Board to vote upon said petition within 90 days after the filing of the same by the petitioners with the secretary of the Board. If, however, a protest against such amendment, supplement or change be presented, duly signed and acknowl- edged by the owners of 20 per cent, or more of any frontage proposed to be altered, or by the owners of 20 per cent, of the frontage immediately in the rear thereof, or by the owners of 20 per cent, of the frontage directly opposite the frontage proposed to be altered, such amendment shall not be passed except by the unanimous vote of the Board. If any area is hereafter transferred to another district by a change in dis- trict boundaries by an amendment, as above provided, the provisions of this resolution in regard to buildings or prem- ises existing at the time of the passage of this resolution shall apply to buildings or premises existing at the time of passage what to count on, and thus will be as badly off as with no districting; therefore it is provided that if one-fifth of the owners affected object to a change, the Board of Estimate can make the change only by unani- § 24. Completion and Restoration of Existing Buildings. (a) Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued, or plans for which are on file with the building superintendent or with the tenement house department at the time of the passage of this resolution, and a permit for the erection of which is issued within th-ce months of the passage of this resolution and the construction of which, in either case, shall have been diligently prosecuted within a year of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within such year, and which entire building shall be completed according to such plans as filed within five years from the date of the passage of this resolution. Provided, however, that any plan, other than a plan for a garage for more than five motor vehicles, filed with the building superintendent or with the tenement house department on July 26, or July 27, 1916, and a permit for the erection of which is issued prior to December 25, 1916, shall be deemed to have been filed at the time of the passage of this resolution. Provided, also, that the Board of Appeals may, after public notice and hearing, extend for not to exceed one year, or, in cases where one such extension may have been granted, may further extend for one year the time within which such ground-story framework, including the second tier of beams, shall be completed in any case, where, in the judgment of said Board, actual construction or fabrication was begun early enough to allow under the then existing conditions adequate time for completion as above specified, and where such construction or fabrication was diligently prosecuted and where such completion has been prevented by conditions impossible to foresee and be- yond the control of the owner and builder. (b) Nothing in this resolution shall prevent t'ne restoration of a building wholly or partly destroyed by fire, explosion, act of God, or act of the public enemy or prevent the continu- ance of the use of such building or part thereof as such use ex- isted at the time of such destruction of such building or part thereof or prevent a change of such existing use under the limitations provided in section 6. Nothing in this resolution shall prevent the restoration of a wall declared unsafe by the superintendent of buildings or by a board of survey. Note. — This resolution would not affect any building the plans for which have been filed at the time of passage of this resolution. How- of this resolution, except where it was destroyed by fire or act of God, and except where allowed unde r section 6. Once a required yard or court space for a given building has been determined, such space cannot be sold, but must remain inalienably dedicated to the exclusive use of the building it was set apart for. Where within a year after the passage of this resolution and the issuing of a permit, a building has been completely framed up as far as the second story at least, and plans had been filed previous to the passing of this resolution for a building would be allowed for its final completion; but after five years nothing further on the plans could be built except in accordance with this § 25. When Effective. This resolution shall take effect immediately. 20 MAP DESIGNATIONS AND MAP DESIGNATIONS RULES USE DISTRICT MAP DESIGNATION RULES (a) The use district designated within a street shall in- clude the areas adjoining the portion of the street so desig- nated on each side of such street, between such street and lines parallel to and 100 feet distant measured at right angles from each side of such street and limited at either end by lines at right angles to such street at the termination of such designa- tion ; exc. pt that where there is a cross street on either side at such termination, such limiting line shall follow the center line of such cross street. e greater ne/yn/) ///mes ci/sti/c/ Tom the )Oundary be 100 ft 22 distric/ the side of such.street with boundary line therein at point of change. (Figure similar to that for height rule (b) ). (c) Where a district boundary line between any two area districts is shown on the side of a street, such side of such street shall be deemed the boundary line separating the two districts. ■ndary I I times 'Jlf^e, district ( I times e/is/r/c/ tx/ends fo /oof/ /row s/t/e ///?es of s/rce/s) (d) Where a district boundary line between any two height districts is shown along a railroad such boundary line shall be (e) Any island not otherwise designated within the limits of the C'ty of New York shall be deemed to be in a V/> times height district. (f) Where under the- me class would overlap ig rules a height district of district of another class, the »th districts under the above rules shall be included in the district permitting the greater height. / times d/sfr/cf | 2 times ^X 8 ' /d S\ \ /ff/rnes e//s/ricf £ times c//sfr/cf Hci AREA DISTRICT MAP DESIGNATION RULES Note: Area district boundary lini same way as those for height. (a) An area surrounded by a district boundary line sh; be in the area district designated therein, except as otherwi provided by these rules. (b) Where a district boundary line between any two ar districts is shown within a street or streets, the district havi the less restrictive regulations shall extend across such strc or streets so as to include the area between the further si of such street or streets and lines parallel thereto and 100 f< distant therefrom measured at right angles thereto. But su extended area of such district shall be limited where su boundary line passes from within a street to outside a str< by the center line of the cross street when such change talo place in a cros (f) Where a district boundan line between any two area JO feet from the side of a ;reto, such boundary line be deemed to be 100 feet r>m such side of such streeJ if a railroad, such side of shall be deemed to be the line between any two area B d/s/r/cf nts, the area designations on either the district boundary as thus located. O district /Cdislnct x the D d/s/r/cf C district Area, rule V (g) Any island and any area on which buildings may be .instructed in navigable waters outside shore or bulkhead lines /ithin the limits of the City of New. York which is not other- deen Any otherwise by other undesignated area shall be deemed to be in the district nearest thereto. (h) Where under the preceding rules an area district of one class would overlap an area district of another class, the area that would be common to both districts under the above rules shall be included in the district having the less restrictive regulations. RULES OF PROCEDURE ADOPTED BY THE BOARD OF STANDARDS AND APPEALS JUNE 13, 1918; AS AMENDED AUGUST 13, 1918, AND JANUARY 14, 1919. Article I — Meetings : Appeals shall be held on [Amended May 13, 1919.] tin appointed members, provide been mailed to each member the time set, except that the ing at any meeting at whic sufficient notice of such mee All i gs shall 1 4. A quorum of the Board of Standards and Appeals shall consist of eight members, of whom at least three must be appointed members, and the quorum of the Board of Appeals shall consist of five members. 5. The members of the board shall attend the meetings in person, except that during absence or disability, an ex-officio member may be represented by a subordinate official author- ized by law to act fur him in such cases as follows: The Fi:c Commissioner by the Deputy Commissioner desig- nated by him in accordance with Section 720 of the Charter; The Chief of the Uniformed Force by the Acting Chief ; A Superintendent of Buildings by a Chief Inspector as pro- vided in Section 406 of the Charter. The names of such substitutes shall have been previously tiled with the chairman. Article II— Ca ed, slip] I shall ly all t elude ; Before the Board the Building Zone 1 ) of the Charter and equired nde: standing and intelligent ad in each case must be base< nished. The statements i petitioner, or the conditio will be incorporated in tl Officials who are charged ordinances and rules relat York will be guided by s permit or taking any othc there are no misstatement of the approval art' obsen ion by the respective board. Action 1 largely on the information so fur- nade by the applicant, appellant or is of the approval by cither board, e resolution granting the approval, with, the enforcement of the laws, ng to buildings in the City of New uch approvals, and before granting r affirmative action, should sec that ; as to facts and that the conditions ed. Any administrative official dis- of essential information is requested that it may rescind its approval, did only so long as the informa- 2. Any coi appeal or petition shall he r tion to seek relief until it be supplied with the data within twenty day tion the writer shall presenting his appli- supply the required ismissed for lack of 4. The duplicate of each application, appeal or required by this article shall be forwarded promptly administrative official whose order is involved in sue Articl [I— Th I.KNIiAK 1. Each case filed in the proper form, witli the required data, shall be numbered serially, regardless of whether it be an application, appeal or petition, and shall be placed on the Clerk's Calendar. The calendar numbers shall begin anew on January 1st of each year, and shall be hyphenated with the number of the year and the initials indicating the character of the case. Thus the calendar number of an application under the Building Zone Resolution in 1918 shall be "210-18-BZ" ; an appeal from any order, requirement, decision or determination of a Superintendent of Buildings or of the Fire Commissioner, "21 1 -18- A," and a petition for a varia- tion of the Labor Law or of any rule or standard adopted thereunder, "212-18-S." 2. So soon as a case receives a calendar number, it shall be put on the Clerk's Calendar and the applicant, appellant or petitioner shall he notified of the date when his case will be reached in the call of the Clerk's Calendar. 3. The Clerk's Calendar shall lie called each Tuesday at 3 p. m. in Room 919, Municipal Building, Manhattan, by the Chaii ich < or the ise shall the which for the public hearing shall be full and suffi- such case. l the Trial Calei rd and the date for which - ilendar number The Bulletin the title of the case has been ticle IV — Final Disposition of Case; decision of either board on any case s resolution. 2. A. The final disposition of before the Board of Appeals shall 1; tion either reversing or modif; deci applicat lication or appeal form of a resolu- dcr, requirement, determination appealed from and granting the dt appeal, or affirming the order and denying the application or appeal. The concurring vote of five members shall he necessary to a decision. If a resolution fails to receive live votes in favor of the applicant or appellant, the action will be deemed equivalent to a denial, and a resolution . denying such application or appeal shall be formally entered on the record, unless there be members absent at the roll call and unless the number of members present added to the number voting for the applicant or appellant would equal five, in which case the matter will be laid over for rehearing before 24 B. The final disposition of any petition before the Board of Standards and Appeals shall be in the form of a resolution either to make a variation of the requirements of the law or rule cited in the order appealed from, or to deny the petition. The concurring votes of eight members shall be necessary to make a variation. If a resolution to make a variation fails to receive eight affirmative votes the action will be deemed equivalent to a denial, and a resolution denying such petition shall be formally entered on the record. [Adopted May 13, 1919.1 3. Any applicant, appellant or petitioner may withdraw his application, appeal or petition at any time prior to action thereon, with the consent of the board, but if a motion has been made, and is pending, either to grant or to dismiss, such motion shall have precedence. 4. No application, appeal or petition dismissed or denied can be considered again except (1) on a motion to reconsider the vote, or (2) on a request for a rehearing. 5. If motion to reconsider receives five affirmative votes if it is before the Board of Appeals, or eight affirmative votes if it is befoie the Board of Standards and Appeals, the Board may vote on the motion to grant, provided that on an appli- cation under the Building Zone Resolution the case must be put on the calendar for a public hearing at least fourteen days after the date of such decision to reconsider the vote, and the property owners must be notified by the applicant, who must file proof of such notice within three days after the adoption of the motion to reconsider. 6. No request to grant a rehearing can be entertained unless new evidence is submitted which could not be presented at the previous hearing. If, on motion of a member of the board, adopted by five affirmative votes in the Board of Appeals, or by eight affirmative votes in the Board of Stand- ards and Appeals, the request for a rehearing is granted, the case shall be put on the calendar for a rehearing. In all cases the request for a rehearing shall be in writing, reciting the reasons for the request, and shall be duly verified and accompanied by the necessary data and diagrams. Such request shall be filed with the chairman, who shall have a report on the case prepared by the engineers. The persons requesting the reopening shall appear before the board on a date to be set by the chairman, of which he shall be notified, and shall be prepared to proceed at once with the argument of his case if the board grants a reopening. In case of a request to reopen a building zone application the same procedure shall be followed, except that if the board votes to reopen the case a date shall be set for the "Calendar Call" and the applicant shall be required to notify each of the property owners entitled to notice of the application, the same procedure to be followed as in an original application. 7. Either board may, on the motion of any member, review any decis'.on that it has made, and may reverse or modify such decision, but no such review shall prejudice the rights of any person who has in good faith acted thereon before it is reversed or modified. Article V — Building Zone Applications 1. No application for a variation or modification of the provisions of the Building Zone Resolution shall be heard by the Board of Appeals except in a specific case, and from an order, requirement, decision or determination made by any Superintendent of Buildings or the Fire Commissioner on the ground that the prouosed plan or use is contrary to the Building Zone Resolution. 2. No such application shall be entertained unless the appli- cation is filed within twenty days from the date of the action of the Superintendent of Buildings, or of the Fire Commis- sioner. 3. Evcy application shall be made in duplicate on Form 14A and shall lie accompanied by all the data required by such form, and shall be considered subject to such rules as the Board of Standards and Appeals has adopted, or may adopt, under Article 5, Section 20, of the Building Zone Resolution. 4. So soon as any application is completed by the filing of the data required in Form 14A the case shall receive a calen- dar number and shall be placed on the Clerk's Calendar, and the applicant shall be notified on Form 12A of the time set for the call of the calendar, which shall be at least five days after the mading of said notice. With this notice the applicant shall be supplied with an official copy of Form 13A, which he is required to send to each of the property owners entitled to notice of the application. Within three days the applicant must file a verified statement that he has so notified each of such property owners either by personal service or by regis- tered mail. 5. On the call of the Clerk's Calendar the applicant shall appear in person, or by agent or attorney, and property own- ers affected by the application may appear either in person or by agent or attorney, and present any typewritten and verified objections they may have to the granting of the application, together with a description of their property and an affidavit of ownership. Then a date shall be set by the official who calls the calendar for a public hearing on the application, the date to be at least fourteen days thereafter, so as to permit advertisement of the application in The Bulletin of the board. 6. On the date set for the public hearing the applicant shall state his case, then the opposition shall be heard and the applicant shall have opportunity to reply. 7. No application that has been dismissed or denied can be entertained in a case in which the applicant, by the filing of new plans, has obtained a new decision from the Super- intendent of Buildings, unless the new plans materially change the aspects of the case. Article VI — Appeals 1. No appeal from any order, requirement, decision or determination of a Superintendent of Buildings or the Fire Commissionei , or from any rule or regulation relating to the construction, alteration, structural changes in, equipment, occu- pancy or use of any building or structure, under Section 719 of the Charter, shall be heard unless such appeal is filed in duplicate on Form ISA, with all the data required in such form, within twenty days from the date of the order ap- pealed from. Article VII — Petitions 1. No petition for variation of the labor law, or of any rule adopted thereunder, affecting the construction or altera- tion of buildings, exits therefrom, the installation of fixtures or apparatus as authorized by Section 718-a, sub-division 4 of the Charter, shall be heard unless it is made in duplicate on Form 16S, with all the data required in such form, within twenty days from the date of the administrative order to which the petition refers. Article VIII — Adoption of Rules 1. No resolution of the Board of Standards and Appeals adopting or amending any rule or regulation under subdivi- 25 of resolutions ado] in The Bulletin of the hoard, has hcen held on such pro- hoard shall he necessary for the adoption of such resolution. 2. Amendments to these Rules of Procedure may he made by the Hoard of Standards and Appeals at any regular meet- ing, provided notice of such amendment has been given to each member of the hoard three days prior to such meeting, either in writing or by publication in The Bulletin. The suspension of any rule of procedure may he ordered at any Article IX — Other Resolutions 1. Every resolution of the Hoard of Standards and Ap- peals suggesting changes or amendments to the law under subdivision 5, section 718-a of the Charter, shall require at least eight affirmative votes for its adoption. 2. Every resolution not otherwise provided for, ordinary motions, or decisions on rules of order, shall require in the case of the Board of Standards and Appeals, seven affirma- tive votes, and in case of the Board of Appeals, four affirma- tive votes. Article X — Inspections 1. In any case in which the Hoard of Appeals may deem it necessary, an inspection of the premises in question may be ordered by the board. Such inspection shall be made by the chairman and by two or more members designated by him, and they shall report their findings to the hoard in writing. Article XI — Tests 1. In any case in which the Board of Standards and Ap- peals may order a test of any material or device, the test shall be conducted under the supervision of an assistant engineer, in the presence of the chairman and two or more members appointed by him, and the result of such test shall be reported to the board in writing, and the material or device shall not have the approval of the hoard unless adopted by at least eight affirmative votes. Article XII — Records 1. All applications, appeals and petitions shall be on the required forms, and all communications, reports, etc., and plans, relative to any matter appearing on the calendar, shall be on sheets approximately 8 in. by \0 ! /> in. in size. After final disposition, they shall be bound in some suitable manner. These records shall be kept in filing cabinets in their numerical order, in such a manner that they are accessible to the public at all reasonable hours. 2. An index indicating locations by boroughs shall be kept. 3. All reports on matters coming before cither board for action shall be duplicated in sufficient numbers to furnish a copy to each member. The original shall be filed with the record in each case. Article XIII— The Bulletin 1. The Bulletin of the Board of Standards and Appeals shall be published on Tuesday of each week. It shall contain: 1. Directory of the Board. 2. The Trial Calendar. 3. Notice of hearings on Building Zone applications and 4. An abstract of the minutes of each meeting, including a brief statement of the action in each case, with the roll call thereon and the full text of the resolution adopted. appo lation as may be of value to the public r the work of either board. lgs. Once in each 1 shall elect one of o preside at meet- ings ; the the 2. The chairman, subject to these rules, shall decide all points of order or procedure, unless Otherwise directed by a majority of the hoard in session at that time. of appeals to make an inspection, and, unless otherwise directed by a majority of the hoard having jurisdiction, shall appoint any committee that may be found necessary. 4. The chairman shall report at each meeting on all official transactions that do not otherwise come to the attention of the board. 5. The chairman shall, subject to 'these rules and further instructions from the board, transact all official business of both boards, engage the necessary employes, direct their work and exercise general disciplinary powers. 6. Subject to these rules and direction of the chairman, the secretary shall conduct all official correspondence, com- pile the required records, edit The Bulletin, maintain the necessary files and indices, and generally supervise the clerical work of the board. 7. Subject to these rules and the direction of the chairman, the assistant engineers shall examine and report on all appli- cations, appeals and petitions; prepare all proposed rules or revised rules suggested by outside agencies, with reports on the reasons and necessities for same; supervise and witness the tests conducted under the auspices of the board ; and assist generally in all technical matters coming before the hoard. 8. The clerical employes, including clerks, stenographers, copyists, messengers and others that may be added at any time, shall be subject to the immediate direction and super- vision of the secretary. 9. The chief clerk shall do the necessary bookkeeping and keeping of accounts, keep the files and notices in proper order and up to date, assisting in editing The Bulletin, and gen- erally assist the secretary. During the absence or disability of the secretary, the chief clerk shall act in that capacity. 10. The chief stenographer shall attend the meetings and make a complete record of the transactions for the files, including verbatim reports of such parts as may be directed, and shall prepare, after each meeting and in time for the next publication of The Bulletin, the abstract of the minutes which is to appear in such Bulletin. The forms referred to in the above Rules of Procedure and made part thereof are: 12A. Advising applicants of date of Calendar Call in cases under the Building Zone Resolution. 13A. of I ing property owners in 14A. Form of application it by applicants to neighbor- lilding Zone cases. ng Zone Resolution. t the requirements of the Labor Law. 17A. Form for proof of service of notice on owners of property affected. 18A. Form for consents in applications under Section 7g. Copies of forms 14A, ISA and 16S may lie had at Room 914, Municipal Building, or will be mailed upon request if ad- dressed and stamped envelope is enclosed. Copies of Form 13A may be had at three cents each at 176 Park Row (The O'Connell Press). RULES. AFFIDAVIT AS TO USE: Rule Adopted by the Hoard of Standards and Appeals Feb- ruary 7, 1918, Effective March 6. 1918. Every applicant for a permit for the reconstruction or al- teration of any building under section 6 of the building zone resolution shall submit with his application an affidavit setting forth the use of the building in question at the time of the passage of the building zone resolution and further setting forth any and every change in u-i which has been made since the adoption of the said resolution. CERTIFICATE OF OCCUPANCY. Rule Adopted by the Hoard of Standards and Appeals Oc- tober, 19, 1916. (Cal. No. 107-16-S) Whereas, the provisions of § 41 1-a of the Greater New York Charter, as added by chapter 503, laws of 1916, and the provisions of §5, article 1, of the Building Code, and of §21, of article V, of the Building Zone Resolution, make it unlaw- ful to use or occupy for any purpose any building hereafter erected, or hereafter altered or converted, until a certificate of occupancy has been issued by a Superintendent of Build- ings ; and Whereas, the provisions of §774 of the Greater New York Charter, as amended by chapter 459, laws of 1914, and chapter 503, laws of 1916, and of §22 of article V, of the Buiding Zone Resolution, impose upon the Fire Commissioner the enforce- ment of all requirements as to the use and occupancy of com- pleted buildings, and that, for this reason, it is necessary that the Fire Commissioner shall be informed of the use and pur- poses for which buildings have been approved by a Superin- tendent of Buildings ; Resolved, that the following rule, to be given an appro- priate number when the compilation of existing rules is com- pleted by the corporation counsel, be and it is hereby adopted: RULE — . Whenever a certificate of occupancy is here- after issued by a Superintendent of Buildings, in accordance with any of the provisions of §411-a of the Greater New York Charter, §5 of the Building Code, or §21 of the Building Zone Resolution, a verified copy of such certificate shall be for- warded simultaneously to the Fire Commissioner by the Super- intendent of Buildings issuing the same. GENERAL RESOLUTIONS. TIME LIMIT CONDITIONS ON APPROVED B. Z. APPLICATIONS. °- Adopted by the Hoard of Appeals June 26, 1917. Resolved, that, so far as it may be applicable, a condition be attached to each resolution granting an appeal under the Building Zone Resolution, requiring that the necessary permits for the work contemplated by the appeal be secured within nine months of the date of the action of the Board of Appeals in granting the appeal, and that the building or alteration, as the case may be, shall be completed within eighteen months of the date of the action granting the appeal. BUILDING ZONE CONSENTS. [This has not the force of a Rule, but serves as a guide to applicants in preparing their cases. If any question arises in a particular case as to the area deemed to be affected, the Board of Appeals definitely sets the area.] As a general guide to appellants who seek permission, under the provisions of paragraph g, as added to section 7 of the Building Zone Resolution, September 21. 1917, by the Board of Estimate and Apportionment, to erect garages in residence or business districts, the board of appeals, in a resolution adopted January 29, 1918 (printed below), has indicated what front- ages would ordinarily be deemed to be affected, subject to such modification in individual cases as may appear to be fair and proper. Where the practice, with respect to consents, established by the resolution, docs not seem to apply, an appli- cation may be made to the Board of Appeals for a ruling in that particular case. The resolution reads as follows: Whereas, the Building Zone Resolution, section 7, paragraph g, authorizes the Board of Appeals to permit the erection of garages in restricted districts, provided "consents duly ac- knowledged by the owners of 80 per cent of the frontage deemed by the board to be immediately affected" are filed ; and Whereas, delay in the consideration of such appeals may Resolved, Appeals, the to be ise directed by the Board of :ely affected shall be deemed business or residence district, eet or streets upon which the rontage, entrance or exit, in istarice of 400 feet from the f such garage, or, when there than 400 feet and more than frontage, entrance or exit, up tnee or exit of such garage; a business or residence elis- or exit of dis r plot on which the Inch is not already such additional Resolved, tha . be ed; rid e filing of such consents shall in no wise of the Board of Appeals in amending the fTected or in declining to grant an appeal s of the Building Zone Resolution ; and 3arate consents shall be secured from each (in the case of a corporation, from the m- of the corporation, or in the case of from a qualified executor or administrator qualified trustee of such trust) : that each show clearly the authority of the person executing the same; that each such consent shall describe the premises for which the consent is granted and state the exact frontage re; resented thereby; and that each such consent shall indicate that the person executing the same understands fully the purpose of the consent and is informed of the size, char- acter and use of the building for the erection of which per- mission is sought ; Resolvi such consen Resolved, that such consents shall be filed with the Board of Appeals at least one week in advance of the public hearing on the appeal; and Resolved, that with such consents and at the time of filing the same there shall he submitted to the Hoard of Appeals eight copies of a digram or diagrams, drawn to scale, on sheets eight by ten and a half inches in size, showing the location of the proposed garage, of the lot or plot on which it is located and of each and every lot or plot the frontage of which is deemed to be affected, and giving the frontage by feet and fractions thereof and the names of the owners whose consents are filed. PERMITS FOR EXISTING GARAGES AND MOTOR VEHICLE REPAIR SHOPS. It appears from appeals that have been received by the Board of Appeals that there is a number of garages and motor vehicle repair shops that are not lawfully maintained because the necessary license or permit required by §150, of Chapter 10 of the code of ordinances, has never been secured from the fire commissioner. Many of the owners or proprietors of these buildings now find that their belated applications for permits are not granted because their buildings are located in districts restricted against such uses by the building zone resolution. The board of appeals,' realizing that in some cases the un- lawful use was continued in ignorance and not in defiance of requirements, has decided that, if satisfactory proof is submitted to the fire commissioner that a building has actually been used as a garage or motor vehicle repair shop previous to July 25, 1916, (when the building zone resolution became effective) and that the failure to obtain the permit was not due to indifference or negligence, the building shall, so far as the Building Zone Resolution is concerned, be deemed to have been used as a garage or motor vehicle repair shop and its continuance shall be permitted. In all cases coming under the above conditions, while it may twenty-one day limit in order to conserve the right of appeal, the appellant should at once take up the matter with the Fire Commissioner for adjustment, notifying the board of his efforts in that direction. The general resolution adopted. June 5, 1917, in connection with Cal. No. 616-17-A, relating to garages reads as follows: mitted to the Fire Commissioner that a building has been used as a garage previous to July 25, 1916, and that the failure to obtain the permit required by §150, Chapter 10, Code of Ordi- nances, is due to ignorance and not to indifference or negli- gence, a building shall, under and within the provisions of the Building Zone Resolution, be deemed to have been used as a garage and its continuance shall be permitted accordingly. The general resolution adopted September 11, 1917, in con- nection with Cal. 1106-17-A, relating to motor vehicle repair shops, reads as follows: Resolved, further, that when satisfactory evidence is sub- mitted t.» the Fire Commissioner that a building has been used as a motor vehicle repair shop previous to July 25, 1916, and that the failure to obtain the permit required by §150, Chapter 10, Code of Ordinances, is due to ignorance and not to indiffer- ence or negligence, a building shall, under and within the pro- visions of the Building Zone Resolution, be deemed to have been used as a motor vehicle repair shop, and its continuance shall be permitted accordingly. PRIVATE GARAGES IN RESIDENCE DISTRICTS. The Board of Appeals, on February 25, 1918, in acting on two similar appeals under Cal. Nos. 2268-17-A and 2269-17-A, ruled that garages erected within residence districts as acces- need not necessarily consist of a single structure, provided that not more than five motor vehicles are stored, all of which arc the property of the person or persons residing in the dwell- ing on the same plot with the garages. These resolutions arc printed in full in the Bulletin of March 28, 1918, page 353. The decision relating to the subject above reads: Rcsoh'cd, that the appeal, so far as it relates to the erection of the garages (these consisted of two separate buildings on the rear of each lot) within a residence district as accessories to residence buildings, be and it hereby is granted as a matter of right. TURKISH BATH OCCUPANCY IN RESTRICTED DISTRICTS: The Board of Appeals in acting on Cal. No. 236-16-A, which called for an expression of opinion on the permissibility of a Turkish and Russian Bath establishment in a restricted district under the Building Zone Resolution, adopted a general resolu- tion, November 21, 1916, in connection therewith as follows : Resolved, that in the opinion of the Board of Appeals the Building Zone Resolution should be interpreted as permitting a Turkish and Russian bath establishment to be located in a business district, without appeal ; that in a residence district it may only be permitted on appeal to the board, after public notice and public hearing, in the same manner as in appeal affecting garages in a business district, and under proper con- ditions imposed to safeguard the character of the district. A LAUNDRY A FACTORY. The Hoard of Appeals, on December 16, 1919, ruled that "inasmuch as a laundry is a factory within the meaning of the Labor Law, it must be so construed under the Building Zone Resolution in the absence of any definition therein to the contrary," and rescinded a former expression of opinion which was to the effect that a laundry was not a prohibited ADVERTISING SIGNS PROHIBITED IN RESI- DENCE DISTRICTS. The Board of Appeals, on October 29. 1918. under Cal. 1548- 18-A, rendered a decision giving an interpretation of Section 3, Building Zone Resolution with respect to the erection of bill boards. This section specifies what buildings, structures an- to state that accessory uses customarily incident to such struc- tures arc also permitted. The matter at issue came before the Board of Appeals through a communication from the Superin- tendent of Buildings, Borough of Brooklyn, requesting an opinion on the matter, which was rendered in adopting the following motion declaring that "It is the sense of this Board that bill boards are within the 28 purview of the objectionable and prohibited features under the Building Zone Resolution in a residence district." On the same day, the board rendered a similar decision with respect to electric signs in residence districts, in acting on Cal. 1486-18-HZ. The board incorporated the following in its reso- lution denying this application: "* * * and, in the opinion of the Board of Appeals, the erection of such a sign (an electric theatre sign) was not in conformity with the intent and spirit of the zoning resolution ;" SUPREME COURT DECISION. The opinion of Mr. Justice Benedict, reversing the action of the Board of Appeals in granting permission to erect a riding academy and stable on the east side of Franklin and Washing- ton avenues (.where they converge) extending from Malbone street to Sterling street, Brooklyn, decides several points of importance in the handling of appeals under the building zone law, of which the following are of immediate interest: In order that it may be entertained, an application for modi- fication of the building zone resolution must be brought before the Board of Appeals in the same manner as any other appeal, that is, an appeal from a decision or determination of the Fire Commissioner, or of a Superintendent of Buildings. It is pointed out. that under Chapter 503, Laws of 1916, each Super intendent of Buildings has exclusive jurisdiction within his borough .o require that the construction and alteration of all buildings shall conform to such provisions of law or ordinance, including the Building Zone Resolution, as may be applicable. Therefore, whenever an exception, under the Building Zone for a change of occupancy, must first be submitted to the Superintendent of Buildings and, in case his decision is ad- verse, an application for modification of the Building Zone Resolution may then be made to the Board of Appeals. A second point made by the Court is the definition of the word "block" as used in the Building Zone Resolution. The Court sustains the interpretation given by the Board of Ap- peals, namely, that a ||block" is that portion of any so-called "square block" (the territory bounded and enclosed by three or more streets) "fronting on a street between two intersecting The second point is no longer of interest, however, as the Building Zone Resolution has since been amended in this re- spect, to clarify its intent. The question as to whether a building is located on a certain block is determined by the Court when it holds that the build- ing "is not to be deemed in any particular 'portion or block' within the meaning of subdivision e (Building Zone Resolu- tion) unless there be a public entrance thereto within such 'portion or block'." It could, it would seem, be held conversely that if a building has a public entrance on any street, it must be considered as located on that street and must, therefore, be affected by any provisions or limitations placed on such street by law or ordinance. The opinion is printed in full in the Xew York Law Journal, June 18. 1917. OPINIONS OF THE CORPORATION COUNSEL. SKY SIGNS. According to an opinion of the corporation counsel, roof signs are subject to the height and set-back restrictions of the Building Zone Resolution. The provisions of artie'e 16 o f chapter 23, of the Code of Ordinances, which relate to the height of roof signs, have been superseded by the provisions of the Building Zone Resolution. (Noted in the Bulletin. October 11, 1916.) WIDTH OF COURTS. In an opinion by the corporation counsel to the borough president of Manhattan as to the effect of §19 of the Building Zone Resolution on the provisions of §135 of the Building Code relating to the width of courts, it is held that "by §19 of the Building Zone Resolution, the provi ion of said resolution or of the Building Code which requires the wider outer court controls."- (Noted in the Bulletin, April 19, 1917.) JURISDICTION TO PREVENT ILLEGAL CHANGE OF OCCUPANCY. As several communications have been received by the chair- man of the Board of Appeals, apparently looking to this board to prevent changes of occupancy that are made contrary to, or in violation of the provisions of the building zone resolution, it may be well to point out that the administration of that resolution does not devolve on this board, but rests with the Fire Commissioner, the superintendent of Buildings and the Tenement House Commissioner, each within his respective jur- isdiction. The function of this board with respect to this reso- lution is the consideration of applications for exceptions per- mitted and provided for by the resolution, for interpretation of its provisions, or for modifications on the grounds of prac- tical difficulties or unnecessary hardship. A change of occupancy that does not involve structural changes comes within the jurisdiction of the Fire Commissioner and any complaint regarding such a change should be sent to his department. Thus, early in February, 1917, the Fire Com- missioner, acting on the protest of neighbors, ordered the re- .noval of a cleaning establishment that had been installed, subsequent to the adoption of the Building Zone Resolution, in a residence building in a restricted district. It may be interesting in this connection to note that a com- plaint of certain property owners against the establishment of a restaurant in a residence district was dismissed by Mr. Jus- tice Greenbaum, as it was not shown that the public authorities charged with the duty of enforcing this resolution had refused to act. (See New York Law Journal, February 19, 1917, page 1808.) (Noted in the Bulletin, June 21. 1917.) NOTICE TO APPLICANTS UNDER BUILDING ZONE RESOLUTION. In accordance with a request made by the Board of Estimate and Apportionment, the following requirement will have to be observed in all applications under the Building Zone Resolu- tion : Before the date set for the call of the calendar, every applicant under the Building Zone Resolution must file with the Board of Appeals an affidavit as to whether or not any petition has been presented to the Board of Esti- mate and Apportionment for the changing of the use district regulations affecting the block on which the prem- ises in question are located. The Board of Estimate has further requested the Board of Appeals — ■ "to defer action on petitions pending before the Board of Estimate and Apportionment for amendment of the Building Zone Resolution, until said Board has had op- portunity to act in the matter." 29 HARRY A. KAHLER, President EDWARD MULLOWNEY. Asst. Treas. JOSEPH L. OBERMAYER, Treasurer GEORGE ZABR1SKIE, ) HUBERT F. BREITWIESER, ) CYRIL H. BURDETT, V.ce-Presidents NELSON A. MEPSEREAU, f Assistant HENRY S. ACKEN, I LOUIS PALESTRANT, I Secretaries GERHARD KUEHNE, Secretary ERNEST J. HABIGHORST. ' MORGAN J. O'BRIEN, Counsel NEW YORK TITLE AND MORTGAGE COMPANY Capital and Surplus - - - $4,000,000 Examines and Insures Titles to Real Estate and Lends Money on Bond and Mortgage. Guarantees Payment of Principal and Interest of First Mort- gages on carefully selected ~nd conservatively appraised improved real estate located in the City of New York, and sells same to Investors net them 5y 2 'r, such investments being exempt from Personal Taxation in the State of New York and legally authorized investments for Trus- tees and Savings Banks. Small Sums of Money seeking investment may be placed with the same certainty of security in Guaranteed First Mortgage Certificates, issued in amounts of $100 and up, yielding b','< to the investor. 135 Broadway, Manhattan 203 Montague St., Brooklyn 375 Fulton Street, Jamaica Bridge Plaza North, L. I. City 163 Main St., White Plains 24 Bay Street, St. George, S. I. Title Insurance Bldg., Buffalo i THE OHMAN MAP CO. 258 BROADWAY NEW YORK Map of Borough of Manhattan SHOWING USE, HEIGHT AND AREA DISTRICTS Explanatory Notes USE DISTRICTS Blocks in RESIDENCE Districts shown by light black lines, thus: j=J Blocks in BUSINESS Districts shown by heavy black lines, thus: Mas Blocks in UNRESTRICTED Districts shown by heavy black dots, thus: .... HEIGHT DISTRICTS Boundary lines shown by green lines. Height Districts are shown by green numerals, indicating the height to which a building may be erected, gauged by the width of the street on which it fronts. AREA DISTRICTS Boundary lines shown by red lines. Area Districts are shown by red letters, indicating the percentage of the lot which can be utilized for building purposes. Business streets (black) which are also boundary lines between Height or Area Districts are indicated, if within the street, by colors on both sides of the street, and if on the side of the street, by color along that side only. Map of Borough of the Bronx SHOWING USE, HEIGHT AND AREA DISTRICTS Explanatory Notes USE DISTRICTS Blocks in RESIDENCE Districts shown by light black lines, thus: j j Blocks in BUSINESS Districts shown by heavy black lines, thus: m Blocks in UNRESTRICTED Districts shown by heavy black dots, thus: .... HEIGHT DISTRICTS Boundary lines shown by green lines. Height Districts are shown by green numerals, indicating the height to which a building may be erected, gauged by the width of the street on which it fronts. AREA DISTRICTS Boundary lines shown by red lines. Area Districts are shown by red letters, indicating the percentage of the lot which can be utilized for building purposes. Business streets (black) which are also boundary lines between Height or Area Districts are indicated, if within the street, by colors on both sides of the street, and if on the side of the street, by color along that side only. Map of Borough of Brooklyn SHOWING USE, HEIGHT AND AREA DISTRICTS Explanatory Notes USE DISTRICTS Blocks in RESIDENCE Districts shown by light black lines, thus: j j Blocks in BUSINESS Districts shown by heavy black lines, thus: ne Blocks in UNRESTRICTED Districts shown by heavy black dots, thus: .... HEIGHT DISTRICTS Boundary lines shown by green lines. Height Districts are shown by green numerals, indicating the height to which a building may be erected, gauged by the width of the street on which it fronts. AREA DISTRICTS Boundary lines shown by red lines. Area Districts are shown by red letters, indicating the percentage of the lot which can be utilized for building purposes. Business streets (black) which are also boundary lines between Height or Area Districts are indicated, if within the street, by colors on both sides of the street, and if on the side of the street, by color along that side only. I I