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What is NYC ZR § 23-40?

Quick Answer

This section outlines height and setback regulations for various zoning districts in New York City, specifying that the tallest overall heights apply when multiple uses or buildings are present. It references additional sections for detailed regulations and applies to building owners in R1 through R12 Districts.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 23-40 HEIGHT AND SETBACK REGULATIONS

ZR § 23-40

Height and setback regulations are set forth in Section 23-42, inclusive, for R1 through R5 Districts and Section 23-43, inclusive, for R6 through R12 Districts. Special rules governing certain areas are set forth in Section 23-44. Permitted obstructions to maximum heights are set forth in Section 23-41.

For zoning lots with buildings containing multiple uses or multiple buildings with different uses, inclusive of residences, subject to different height and setback regulations for the applicable district, the applicable height and setback regulations shall be whichever regulations permit the tallest overall heights.

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