General Definition "Open space" is that part of a zoning lot, including courts or yards, which is open and unobstructed from its lowest level to the sky and is accessible to and usable by all persons occupying a dwelling unit or a rooming unit on the zoning lot. Open space may, however, include areas covered by roofs, the total area of which is less than 10 percent of the unroofed or uncovered area of a zoning lot, provided that such roofed area is not enclosed on more than one side, or on more than 10 percent of the perimeter of the roofed area, whichever is greater. Open space may be provided on the roof of: (a) a community facility building; (b) a building containing residences, provided such roof area is not above that portion of such building that contains dwelling units or rooming units; (c) a non-residential building, other than a community facility building, provided such #non- residential building abuts other buildings, any one of which contains residences#. All such roof areas used for open space shall meet the requirements set forth in this definition and shall: (1) be not higher than 23 feet above curb level, except as provided in Sections 24-181 (Special provisions for certain buildings) and 35-712 (Floor area and open space ratios); (2) be at least two and one-half feet below the sill level of all legally required windows opening on such roof area; (3) be directly accessible by a passageway from a building, or by a ramp (with a grade of less than 10 percent) from a building, yard, court or street, except that in R8 or R9 Districts such roof area need not be accessible to occupants and is therefore exempt from this requirement; and (4) have no dimension less than 25 feet; except that in R8 or R9 Districts when such roof area adjoins a street line or a rear yard, it may have a minimum depth of nine feet and a minimum length, along such street line or rear yard, equal to at least twice its depth, or the full width of the zoning lot, or 50 feet, whichever is the least distance.
open space
open space is a defined term in the New York City Zoning Resolution glossary (§12-10). It is referenced in 66 ZR sections. Last amended July 8, 2025.
Quick Facts
- Definition source
- §12-10
- Sections using term
- 66
- Last amended
- July 8, 2025
What does “open space” mean?
Where is “open space” referenced?
66 sections reference this term. Showing first 66.
- §101-81 — Special Permit for Use and Bulk Modifications for Cultural Use in Certain
- §103-01 — Establishment of Special Planned Community Preservation District
- §103-11 — Special Permits for Bulk and Parking Modifications
- §103-13 — Requirements for Application
- §105-432 — Modification of yard, height and setback regulations, and parking location
- §105-441 — Modification of use regulations
- §105-442 — Natural area dedicated for public use
- §105-701 — Applicability of large-scale residential development regulations
- §105-944 — Special Fort Totten Natural Area District-4
- §107-221 — Active recreational facilities
- §107-224 — Qualification of designated open space as lot area for bulk computations
- §107-225 — Special bulk regulations for developments containing designated open
- §107-23 — Waterfront Esplanade
- §107-45 — Required Open Space for Residences
- §107-661 — Modification of permitted obstructions
- §107-74 — Modification of Permitted Use Regulations
- §112-12 — Authorization for Modification of Height and Setback Regulations
- §112-13 — Special Permit for Modification of Height and Setback Regulations
- §119-321 — Modification of use regulations
- §141-21 — Special Yard Regulations
- §15-21 — Enlargements of Converted Buildings
- §23-732 — Floor area ratio and open space ratio in R6 through R9 Districts
- §23-734 — Permitted obstructions in open space
- §24-181 — Special provisions for certain buildings
- §26-141 — Arcades
- §34-22 — Modification of Floor Area Regulations
- §35-812 — Floor area and open space ratios
- §37-21 — Special at-grade Screening and Enclosure Regulations
- §37-53 — Design Standards for Pedestrian Circulation Spaces
- §54-51 — Energy Infrastructure or Retrofits
- §54-52 — Accessibility or Safety Retrofits
- §54-53 — Residential Retrofits
- §62-131 — Applicability of Article VII, Chapter 3
- §64-312 — Permitted obstructions in required yards, courts, and open spaces for all
- §64-323 — Special regulations for required yards and open spaces for zoning lots with
- §64-521 — Options available for all buildings
- §64-622 — Special open area regulations for non-complying buildings
- §65-41 — Reconstruction and Alteration of Disaster-Damaged Buildings
- §66-232 — Special open space, lot coverage and yard modifications
- §73-131 — College or school student dormitories or fraternity or sorority student
- §73-135 — Non-commercial clubs
- §74-61 — Developments on Lots that Include Railroad Right-of-Ways
- §74-62 — Developments Over Streets
- §74-711 — Landmark preservation in all districts
- §74-712 — Developments in Historic Districts
- §74-743 — Special provisions for bulk modification
- §74-751 — Educational Construction Fund in certain districts
- §77-23 — Open Space Ratio
- §77-24 — Lot Coverage
- §78-05 — Requirements for Applications
- §78-06 — Ownership
- §78-231 — Accessory swimming pools
- §78-31 — Location of Buildings, Distribution of Bulk and Open Space and Modification
- §78-311 — Authorizations by the City Planning Commission
- §78-312 — Special permits by the City Planning Commission
- §78-313 — Findings
- §78-33 — Bonus for Common Open Space
- §78-351 — Common open space and good site plan
- §78-43 — Modification for Open Space Requirements in Large-scale Developments
- §78-51 — General Provisions
- §78-52 — Common Open Space
- §79-401 — Special permit for development over streets
- §81-744 — Transfer of development rights from listed theaters
- §84-11 — General Provisions
- §95-05 — Terms and Conditions for Permitted Uses and Construction Within Transit
- §96-40 — MODIFICATION OF GENERAL LARGE-SCALE DEVELOPMENT PROVISIONS
Frequently Asked
What does "open space" mean in NYC zoning?
"open space" is a term defined in §12-10 of the New York City Zoning Resolution glossary. General Definition "Open space" is that part of a zoning lot, including courts or yards, which is open and unobstructed from its lowest level to the sky and is accessible to and usable by all persons occupying a dwelling unit or a rooming unit on the zoning lot. Open space may, h
Where is "open space" used in the NYC Zoning Resolution?
The term "open space" is referenced in 66 sections of the NYC Zoning Resolution. Every section that uses this term must be read in light of the §12-10 definition.
Is "open space" an official NYC zoning term?
Yes. "open space" is an officially-defined term in §12-10 of the NYC Zoning Resolution maintained by the NYC Department of City Planning. The authoritative source is zr.planning.nyc.gov.
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