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What is NYC ZR § 23-371?

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This section establishes the minimum distance requirements between buildings on the same zoning lot, varying based on building height and type. It specifies distances for single-family, two-family, and multi-family residences, as well as provisions for separated portions of buildings. Applies to building owners and property operators in various zoning districts.

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§ 23-371 Standard minimum distance between buildings

ZR § 23-371

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In all districts, as indicated, the minimum distance between the portion of a building containing residences and any other building on the same zoning lot shall be as provided in this Section.

For the purpose of this Section, abutting buildings on a single zoning lot may be considered a single building. However, if two or more portions of a building are not connected or not abutting at a particular level, such separated portions shall comply with the applicable provisions of this Section. In applying such provisions, the height of such separated portions shall be measured from the roof of the connecting or abutting portion of such building, as applicable, instead of from the base plane.

ExceptionsThe provisions of this Section shall not apply to: buildings that are separated from each other by a rear yard equivalent; or space between a single-family, two-family, or three-family residence and a garage accessory thereto.

buildings that are separated from each other by a rear yard equivalent; or

space between a single-family, two-family, or three-family residence and a garage accessory thereto.

For single- and two-family residencesFor buildings with two or fewer dwelling units, the required minimum distance between any such residences and any other building with two or fewer dwelling units on the same zoning lot, or a non-residential building on the same zoning lot shall vary according to the height of such buildings. Such minimum distance shall be measured perpendicular to the building wall or window, as applicable. However, for buildings with two or fewer dwelling units, the required minimum distance between any such residences and an ancillary dwelling unit on the same zoning lot shall be 10 feet. For buildings with two or fewer dwelling units, the required minimum distance between any such residences and a building with three or more dwelling units on the same zoning lot shall be subject to the provisions of paragraph (c) of this Section. Maximum Building Height above Base Plane or Curb Level, as Applicable (in feet) 35 or less Between 35 and 50 Over 50 Minimum distance 15 20 30

Maximum Building Height above Base Plane or Curb Level, as Applicable (in feet)

35 or less

Between 35 and 50

Over 50

Minimum distance

15

20

30

For buildings that contain three or more dwelling unitsThe minimum distance between a building containing three or more dwelling units and any other building on the zoning lot shall be applied in accordance with the provisions of this Section. Where two or more portions of a building are separated completely from one another at a particular level above grade, such separated portions shall comply with paragraph (c)(1) of this Section. Where there are multiple buildings on a single zoning lot that do not connect at any level, such buildings shall comply with paragraph (c)(2) of this Section. For separated portions of a buildingThe required minimum distance between any separated portion of a building containing dwelling units shall be as follows: where legally required windows face onto a separated portion of a building at or below a height of 75 feet, the minimum dimension between such separated portions shall not be less than 20 feet, and above a height of 75 feet, where permitted, the minimum dimension shall not be less than 30 feet; and where no legally required windows face onto a separated portion of a building at or below a height of 75 feet, the minimum dimension between such separated portions shall not be less than 10 feet, and above a height of 75 feet, where permitted, the minimum dimension shall not be less than 15 feet. Two or more buildings on a single zoning lotThe minimum distance between two or more buildings on the same zoning lot that are not connected at any level shall be 40 feet, as measured between the closest points of such buildings, for portions of buildings lower than 125 feet, as measured from the base plane or curb level, as applicable.Portions of such buildings higher than 125 feet shall be at least 80 feet apart, as measured between the closest points of such buildings. However, such minimum distance need not exceed 40 feet if such portions of buildings above a height of 125 feet do not exceed, in aggregate, a lot coverage of 40 percent or, for lots of less than 20,000 square feet, the percentage set forth in the table below: AGGREGATED LOT COVERAGE OF PORTIONS OF BUILDINGS ON A SMALL ZONING LOT Area of Zoning Lot (in square feet) Maximum Percent of Coverage 10,500 or less 50 10,501 to 11,500 49 11,501 to 12,500 48 12,501 to 13,500 47 13,501 to 14,500 46 14,501 to 15,500 45 15,501 to 16,500 44 16,501 to 17,500 43 17,501 to 18,500 42 18,501 to 19,999 41

For separated portions of a buildingThe required minimum distance between any separated portion of a building containing dwelling units shall be as follows: where legally required windows face onto a separated portion of a building at or below a height of 75 feet, the minimum dimension between such separated portions shall not be less than 20 feet, and above a height of 75 feet, where permitted, the minimum dimension shall not be less than 30 feet; and where no legally required windows face onto a separated portion of a building at or below a height of 75 feet, the minimum dimension between such separated portions shall not be less than 10 feet, and above a height of 75 feet, where permitted, the minimum dimension shall not be less than 15 feet.

where legally required windows face onto a separated portion of a building at or below a height of 75 feet, the minimum dimension between such separated portions shall not be less than 20 feet, and above a height of 75 feet, where permitted, the minimum dimension shall not be less than 30 feet; and

where no legally required windows face onto a separated portion of a building at or below a height of 75 feet, the minimum dimension between such separated portions shall not be less than 10 feet, and above a height of 75 feet, where permitted, the minimum dimension shall not be less than 15 feet.

Two or more buildings on a single zoning lotThe minimum distance between two or more buildings on the same zoning lot that are not connected at any level shall be 40 feet, as measured between the closest points of such buildings, for portions of buildings lower than 125 feet, as measured from the base plane or curb level, as applicable.Portions of such buildings higher than 125 feet shall be at least 80 feet apart, as measured between the closest points of such buildings. However, such minimum distance need not exceed 40 feet if such portions of buildings above a height of 125 feet do not exceed, in aggregate, a lot coverage of 40 percent or, for lots of less than 20,000 square feet, the percentage set forth in the table below: AGGREGATED LOT COVERAGE OF PORTIONS OF BUILDINGS ON A SMALL ZONING LOT Area of Zoning Lot (in square feet) Maximum Percent of Coverage 10,500 or less 50 10,501 to 11,500 49 11,501 to 12,500 48 12,501 to 13,500 47 13,501 to 14,500 46 14,501 to 15,500 45 15,501 to 16,500 44 16,501 to 17,500 43 17,501 to 18,500 42 18,501 to 19,999 41

AGGREGATED LOT COVERAGE OF PORTIONS OF BUILDINGS ON A SMALL ZONING LOT

Area of Zoning Lot (in square feet)

Maximum Percent of Coverage

10,500 or less

50

10,501 to 11,500

49

11,501 to 12,500

48

12,501 to 13,500

47

13,501 to 14,500

46

14,501 to 15,500

45

15,501 to 16,500

44

16,501 to 17,500

43

17,501 to 18,500

42

18,501 to 19,999

41

In addition, the following rules shall apply to: any portion of a building that qualifies as a building segment may be treated as a separate building for the purposes of determining the minimum distance required between such building segment and another building or building segment; where buildings of different heights face each other, the average of the heights of such buildings shall determine the minimum distance required between them; projections having a maximum height of 25 feet above adjoining grade, a maximum depth of five feet, and an aggregate width not exceeding 25 percent of the building wall from which they project, may penetrate the minimum spacing requirements. However, such projections shall not be permitted in open spaces provided pursuant to paragraph (c)(2) of this Section; and the obstructions permitted in Section 23-311 shall be permitted in such minimum distance.

any portion of a building that qualifies as a building segment may be treated as a separate building for the purposes of determining the minimum distance required between such building segment and another building or building segment;

where buildings of different heights face each other, the average of the heights of such buildings shall determine the minimum distance required between them;

projections having a maximum height of 25 feet above adjoining grade, a maximum depth of five feet, and an aggregate width not exceeding 25 percent of the building wall from which they project, may penetrate the minimum spacing requirements. However, such projections shall not be permitted in open spaces provided pursuant to paragraph (c)(2) of this Section; and

the obstructions permitted in Section 23-311 shall be permitted in such minimum distance.

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