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What is NYC ZR § 23-42?

Quick Answer

This section outlines the height and setback regulations for buildings in R1 through R5 zoning districts. It references additional sections for specific height increases and setback provisions. The statute applies to property owners and developers within these residential zoning districts.

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

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§ 23-42 Height and Setback Requirements in R1 Through R5 Districts

ZR § 23-42

R1 R2 R3 R4 R5

In the districts indicated, the height and setback regulations of a building or other structure shall be as set forth in Section 23-421 (Basic pitched-roof envelopes for certain districts) and 23-422 (Basic flat-roof envelopes for certain districts). Where applicable, standard setback provisions are set forth in Section 23-423.

Such heights may be increased on qualifying residential sites or on zoning lots containing qualifying senior housing, or for certain large sites, pursuant to Sections 23-424 or 23-425, respectively.

Additional provisions are set forth in Section 23-426 and Section 23-44, inclusive.

The height of all buildings or other structures shall be measured from the base plane. For the purposes of this Section, where base planes of different elevations apply to different portions of a building or other structure, each such portion of the building may be considered to be a separate building. Furthermore, for the purposes of this Section, building segments may be considered to be separate buildings and abutting semi-detached buildings may be considered to be one building.

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