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What is NYC ZR § 23-425?

Quick Answer

This section outlines height and setback modifications for large residential sites in specific zoning districts. It specifies conditions under which existing open spaces can be included in development calculations and allows for increased building heights under certain circumstances. Applies to property developers and owners in R3-2, R4, R5, R5B, or R5D Districts.

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

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§ 23-425 Height and setback modifications for large sites

ZR § 23-425

R1 R2 R3 R4 R5

In the districts indicated, for zoning lots that meet the criteria of paragraph (a) of this Section, the height and setback modifications set forth in paragraph (b) shall apply.

Eligible sites The provisions of this Section shall apply to large sites that are qualifying residential sites or zoning lots located in R3-2, R4, R5, R5B or R5D Districts. However, for large sites with existing buildings, eligible portions of the zoning lot for developments or enlargements: shall not include open space with amenities used for recreational purposes, such as play equipment, court game facilities, ball fields or fixed tables and chairs, unless such space is replaced in kind and size on the same zoning lot; and shall be located, partially or entirely, within 100 feet of a street line.

shall not include open space with amenities used for recreational purposes, such as play equipment, court game facilities, ball fields or fixed tables and chairs, unless such space is replaced in kind and size on the same zoning lot; and

shall be located, partially or entirely, within 100 feet of a street line.

Modified height and setback provisions For eligible zoning lots, the maximum base height and maximum building heights set forth in Section 23-424 shall apply. However, where either the height at roof level of an existing building, or ornamental features in an existing non-residential building or other structure, meet or exceed the maximum heights set forth in such table, the maximum heights may be increased by 10 feet, or the height of such roof level or ornamental feature, whichever is lower.

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