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What is NYC ZR § 23-436?

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This section outlines additional height and setback regulations for specific zoning districts, allowing existing buildings to be enlarged under certain conditions. It specifies requirements for through lots, corner lots, and buildings within Historic Districts, modifying street wall and base height provisions. Applies to building owners in designated zoning districts.

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

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§ 23-436 Additional height and setback provisions

ZR § 23-436

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In the districts indicated, the following additional regulations shall apply:

Existing buildings may be vertically enlarged by up to one story or 15 feet without regard to the street wall location requirements of Section 23-431.

On through lots which extend less than 190 feet in maximum depth from street to street, the street wall location requirements of Section 23-431 shall be mandatory along only one street frontage.

On corner lots, or portions thereof, the street wall location requirements of Section 23-431 shall be mandatory along only one street frontage. Where one of the street frontages bounding the corner lot is a wide street and the other a narrow street, the street wall location rules shall be applied along the wide street frontage;

The street wall location and minimum base height provisions of Sections 23-431 and 23-432, respectively, shall not apply along any street frontage of a zoning lot occupied by buildings whose street wall heights or widths will remain unaltered.

The minimum base height provisions of Section 23-432 shall not apply to buildings, or portions thereof, that are developed or enlarged and do not exceed such minimum base heights.

For any zoning lot located in a Historic District designated by the Landmarks Preservation Commission, the street wall location and minimum or maximum base height regulations of Section 23-43, inclusive, or as modified in any applicable Special District, may be modified as follows: The minimum base height of a street wall may vary between the applicable minimum set forth in Section 23-432, and the height of the street wall of an adjacent building before setback, if such height is lower than the minimum base height; and The maximum base height of a street wall may vary between the applicable maximum set forth in Section 23-432, inclusive, and the height of the street wall of adjacent building before setback, if such height is higher than the maximum base height.

The minimum base height of a street wall may vary between the applicable minimum set forth in Section 23-432, and the height of the street wall of an adjacent building before setback, if such height is lower than the minimum base height; and

The maximum base height of a street wall may vary between the applicable maximum set forth in Section 23-432, inclusive, and the height of the street wall of adjacent building before setback, if such height is higher than the maximum base height.

Where a continuous sidewalk widening is provided on the zoning lot, along the entire block frontage of a street, the boundary of the sidewalk widening shall be considered to be the street line for the purposes of applying the provisions of Section 23-431, but such widening may be included in the setback reductions permitted pursuant to paragraph (a) of Section 23-433.

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