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Town Center Zoning and Transit-Oriented Development in NYC

What are Town Center zoning and transit-oriented development?

They are two City of Yes tools for low-density (R1 to R5) neighborhoods. Transit-oriented development lets lots of at least 5,000 sq ft near transit, on a wide street or the short end of a block, build small apartment buildings. Town Center zoning lets lots in commercial strips (C1, C2 or C4) build housing above shops. Both work through the "qualifying residential site" rules, which raise the FAR (for example R4 from 1.00 to 1.50) and the height (R5 to 55 ft) (ZR 12-10, 23-21, 23-424). Check whether your lot qualifies on Zohgo, free.

DCP pitched these as "3, 4 and 5 story apartment buildings on qualifying sites near public transit" and "2 to 4 stories of housing above businesses." Here is what the adopted text actually requires.

Min. lot (TOD)
5,000 sq ftin the Greater Transit Zone
R5 qualifying FAR
2.00vs 1.50 standard
R5 qualifying height
55 ft45 ft base
Town Center mixed FAR
2.50inside the Greater Transit Zone

The key term: "qualifying residential site"

A qualifying residential site (ZR 12-10) is a zoning lot, or part of one, that meets one of these tests:

What a qualifying residential site can build

DistrictStandard FARQualifying site FARQualifying base / max height
R1, R2 (except R2X), R3-1, R3-2, R3A, R3X0.751.0035 / 35 ft
R2X1.001.0035 / 35 ft
R4, R4-1, R4A, R4B1.001.5035 / 45 ft
R5, R5A, R5B1.502.0045 / 55 ft
R5D2.002.0045 / 55 ft

Sources: FAR from ZR 23-21; heights from ZR 23-424 (which also covers qualifying senior housing). Above the base height a setback is required under ZR 23-423: 10 ft from a wide street, 15 ft from a narrow street, reducible to no less than 7 ft.

Town Center: housing over shops

Does your lot qualify?

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Large projects: an affordability trigger

Where a qualifying residential site using the higher R1 to R5 FAR would have more than 50,000 sq ft of residential floor area, the floor area above the maximum FAR divided by 1.2 must be affordable: restricted by a regulatory agreement or restrictive declaration to households averaging 80% of the income index, with no more than three bands and none above 100% (ZR 12-10).

Parking on qualifying sites

In R1 to R5 districts, parking is waived for qualifying residential sites with 75 dwelling units or fewer, in both the Outer Transit Zone and beyond the Greater Transit Zone (ZR 25-222, 25-232). In the Inner Transit Zone no parking is required for new homes at all (ZR 25-211).

Worked example: a transit-oriented lot in R4

Take a 60 x 100 ft corner lot (6,000 sq ft) on a wide street in an R4 district inside the Greater Transit Zone. It meets the transit-oriented test: over 5,000 sq ft, wide-street frontage, in the Greater Transit Zone, not R1 or R2. As a standard lot it could build 6,000 sq ft (1.00 FAR); as a qualifying residential site it can build 9,000 sq ft (1.50 FAR), up to a 35 ft base and 45 ft total height (ZR 23-21, 23-424). Yards, lot coverage and the dwelling unit rules still apply, and with 75 units or fewer no parking is required outside the Inner Transit Zone (ZR 25-222, 25-232).

How to check a lot

Town Center and TOD FAQ

What is a qualifying residential site?

A defined term in ZR 12-10 for lots in low-density areas that get higher floor area and height. The main paths are transit-oriented lots (5,000 sq ft or more in the Greater Transit Zone, on a wide street or the short end of a block, not in R1 or R2), Town Center lots in C1, C2 or C4 commercial strips, and certain campus, senior housing and M1-paired lots.

How tall can a Town Center or TOD building be?

On qualifying residential sites the maximum height is 35 ft in R1 to R3, 45 ft in R4 and 55 ft in R5 districts, with base heights of 35, 35 and 45 ft (ZR 23-424).

Does transit-oriented development apply in R1 or R2?

Not the transit-oriented path: that test excludes R1 and R2 districts (ZR 12-10). Other paths, such as campus sites with existing community facility buildings, can still apply.

What FAR does Town Center zoning allow?

Inside the Greater Transit Zone, the residential part follows R5 rules and the lot can reach 2.50 FAR in total for buildings with residential and non-residential uses (ZR 35-22, 35-32).

Is parking required for these buildings?

In R1 to R5, parking is waived on qualifying residential sites with 75 units or fewer (ZR 25-222, 25-232), and the Inner Transit Zone requires none for new homes (ZR 25-211).

Related pages

Sources

Every number on this page comes from the sources below, read 2026-10-26.