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What is NYC ZR § 23-434?

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This section outlines height and setback modifications applicable to eligible zoning lots in specified districts. It details criteria for eligibility, including lot size and irregularities, and establishes maximum building height allowances. The provisions affect property owners with qualifying zoning lots in the designated districts.

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

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§ 23-434 Height and setback modifications for eligible sites

ZR § 23-434

R6 R7 R8 R9 R10 R11 R12

In the districts indicated, without a letter suffix, for zoning lots that meet the criteria of paragraph (a) of this Section, the height and setback modifications set forth in paragraph (b) may be applied. The eligible site provisions of this Section may be applied to either a single zoning lot that meets the criteria of paragraph (a) or two or more zoning lots under single fee ownership or alternate ownership arrangements that are contiguous or would be contiguous but for their separation by a street, where the combined lot area exceeds 40,000 square feet, and where at least one individual zoning lot meets the criteria of paragraph (a).

Eligible sitesThe provisions of this Section shall apply to zoning lots that meet at least one of the following criteria: zoning lots with a transportation-infrastructure-adjacent frontage; zoning lots where one of the following irregularities exists on December 5, 2024, and the date of application for a building permit: an interior lot, or portions thereof, has a depth that is less than 85 feet, or a through lot, or portion thereof, has a depth that is less than 170 feet; an interior lot, or portions thereof, has a depth that is greater than or equal to 115 feet, or a through lot, or portion thereof, has a depth that is greater than or equal to 230 feet; corner lots or other zoning lots with multiple front lot lines where the angle between two front lot lines is more than 15 degrees from being perpendicular; through lots or other zoning lots with multiple front lot lines where the angle between two front lot lines is more than 15 degrees from being parallel; zoning lots where, over the depth of the lot, as measured perpendicular from the front lot line, there is a slope of at least 15 percent to the horizontal; or zoning lots that have a lot area of at least 20,000 square feet or occupy an entire block. In addition, for zoning lots with a lot area of 30,000 square feet or more with existing buildings, the following restrictions shall apply. The area of the zoning lot used for developments or enlargements under the provisions of this Section: shall not include any portion of 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.

zoning lots with a transportation-infrastructure-adjacent frontage;

zoning lots where one of the following irregularities exists on December 5, 2024, and the date of application for a building permit: an interior lot, or portions thereof, has a depth that is less than 85 feet, or a through lot, or portion thereof, has a depth that is less than 170 feet; an interior lot, or portions thereof, has a depth that is greater than or equal to 115 feet, or a through lot, or portion thereof, has a depth that is greater than or equal to 230 feet; corner lots or other zoning lots with multiple front lot lines where the angle between two front lot lines is more than 15 degrees from being perpendicular; through lots or other zoning lots with multiple front lot lines where the angle between two front lot lines is more than 15 degrees from being parallel; zoning lots where, over the depth of the lot, as measured perpendicular from the front lot line, there is a slope of at least 15 percent to the horizontal; or

an interior lot, or portions thereof, has a depth that is less than 85 feet, or a through lot, or portion thereof, has a depth that is less than 170 feet;

an interior lot, or portions thereof, has a depth that is greater than or equal to 115 feet, or a through lot, or portion thereof, has a depth that is greater than or equal to 230 feet;

corner lots or other zoning lots with multiple front lot lines where the angle between two front lot lines is more than 15 degrees from being perpendicular;

through lots or other zoning lots with multiple front lot lines where the angle between two front lot lines is more than 15 degrees from being parallel;

zoning lots where, over the depth of the lot, as measured perpendicular from the front lot line, there is a slope of at least 15 percent to the horizontal; or

zoning lots that have a lot area of at least 20,000 square feet or occupy an entire block. In addition, for zoning lots with a lot area of 30,000 square feet or more with existing buildings, the following restrictions shall apply. The area of the zoning lot used for developments or enlargements under the provisions of this Section: shall not include any portion of 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 any portion of 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 provisionsFor eligible zoning lots, the maximum permitted building height may be modified by the heights in the table below. However, for zoning lots with a lot area of at least 40,000 square feet, whether singly or in combination, 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 25 percent, or the height of such roof level or ornamental feature, whichever is lower. MAXIMUM BUILDING HEIGHT FOR ELIGIBLE SITES District Maximum height of buildings or other structures (in feet) R6-2 95 R6 R6-1 125 R7-1 R7-2 155 R7-3 185 R8 215 R81 255 R9 285 R9-1 315 R10 355 R11 405 R12 495 1 for UAP developments or qualifying senior housing on zoning lots, or portions thereof, within 100 feet of a wide street

MAXIMUM BUILDING HEIGHT FOR ELIGIBLE SITES

District

Maximum height of buildings or other structures (in feet)

R6-2

95

R6 R6-1

125

R7-1 R7-2

155

R7-3

185

R8

215

R81

255

R9

285

R9-1

315

R10

355

R11

405

R12

495

1 for UAP developments or qualifying senior housing on zoning lots, or portions thereof, within 100 feet of a wide street

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