§ 23-442 Special provisions for certain community districts
ZR § 23-442
Borough of Manhattan Community District 9In R8 Districts without a letter suffix in the portion of Community District 9 in the Borough of Manhattan located north of West 125th Street, the underlying height and setback regulations for the zoning district shall apply, except that the additional height allowances for eligible sites set forth in Section 23-434 shall not apply. Community District 6In Community District 6 in the Borough of Manhattan, in R10 Districts located east of First Avenue and north of East 51st Street, for buildings where more than 25 percent of the floor area is residential but are not otherwise subject to the tower-on-a-base provisions of paragraph (b) of this Section, the following shall apply. The minimum lot coverage of a tower above the maximum base height shall be 30 percent of the lot area of the zoning lot. However, any story located within the highest 15 percent of the tower may cover less than 30 percent of the lot area of a zoning lot if the gross area of any such story does not exceed 90 percent of the gross area of that story directly below the highest 15 percent of the tower. At least 45 percent of the total floor area permitted on the zoning lot shall be located in stories located either partially or entirely below a height of 150 feet. In addition, when the lot coverage of the tower is less than 40 percent, the required 45 percent of the total floor area distribution, within a height of 150 feet, shall be increased in accordance with the following requirement: Percent of lot coverage of the tower portion Minimum percent of total building floor area distribution below the level of 150 feet 40.0 or greater 45.0 39.0 to 39.9 45.5 38.0 to 38.9 46.0 37.0 to 37.9 46.5 36.0 to 36.9 47.0 35.0 to 35.9 47.5 34.0 to 34.9 48.0 33.0 to 33.9 48.5 32.0 to 32.9 49.0 31.0 to 31.9 49.5 30.0 to 30.9 50.0
Community District 9In R8 Districts without a letter suffix in the portion of Community District 9 in the Borough of Manhattan located north of West 125th Street, the underlying height and setback regulations for the zoning district shall apply, except that the additional height allowances for eligible sites set forth in Section 23-434 shall not apply.
Community District 6In Community District 6 in the Borough of Manhattan, in R10 Districts located east of First Avenue and north of East 51st Street, for buildings where more than 25 percent of the floor area is residential but are not otherwise subject to the tower-on-a-base provisions of paragraph (b) of this Section, the following shall apply. The minimum lot coverage of a tower above the maximum base height shall be 30 percent of the lot area of the zoning lot. However, any story located within the highest 15 percent of the tower may cover less than 30 percent of the lot area of a zoning lot if the gross area of any such story does not exceed 90 percent of the gross area of that story directly below the highest 15 percent of the tower. At least 45 percent of the total floor area permitted on the zoning lot shall be located in stories located either partially or entirely below a height of 150 feet. In addition, when the lot coverage of the tower is less than 40 percent, the required 45 percent of the total floor area distribution, within a height of 150 feet, shall be increased in accordance with the following requirement: Percent of lot coverage of the tower portion Minimum percent of total building floor area distribution below the level of 150 feet 40.0 or greater 45.0 39.0 to 39.9 45.5 38.0 to 38.9 46.0 37.0 to 37.9 46.5 36.0 to 36.9 47.0 35.0 to 35.9 47.5 34.0 to 34.9 48.0 33.0 to 33.9 48.5 32.0 to 32.9 49.0 31.0 to 31.9 49.5 30.0 to 30.9 50.0
Percent of lot coverage of the tower portion
Minimum percent of total building floor area distribution below the level of 150 feet
40.0 or greater
45.0
39.0 to 39.9
45.5
38.0 to 38.9
46.0
37.0 to 37.9
46.5
36.0 to 36.9
47.0
35.0 to 35.9
47.5
34.0 to 34.9
48.0
33.0 to 33.9
48.5
32.0 to 32.9
49.0
31.0 to 31.9
49.5
30.0 to 30.9
50.0
Borough of Brooklyn Street wall modifications in Community Districts 8 and 9 For the purposes of applying the street wall location as well as the height and setback provisions of Sections 23-431 and 23-432, respectively, where the Administrative Code establishes restrictions on the location of buildings on lots fronting upon and within 30 feet of Eastern Parkway in Community Districts 8 and 9 in the Borough of Brooklyn, lines drawn 30 feet north of and 30 feet south of, and parallel to, Eastern Parkway shall be considered the northern and southern street lines of Eastern Parkway. Height and setback modifications in Community District 9 For zoning lots in Mandatory Inclusionary Housing areas within the portion of Community District 9 in the Borough of Brooklyn, on the block bounded by Montgomery Street, Washington Avenue, Sullivan Place, and Franklin Avenue, the following height and setback modifications shall apply. The maximum height of a building or other structure shall not exceed an imaginary plane that: begins at an elevation of 90 feet above the level of the base plane, beginning at the point along the center line of Sullivan Place, distant 120 feet, 4 inches east of the center line of Washington Avenue and parallel to Sullivan Place, and extending to Montgomery Street at an angle of 83 degrees, 17 minutes, 38 seconds; and extends upwards at a slope equivalent of 10 percent to the horizontal, in an easterly direction, as measured perpendicular to the line established by paragraph (b)(2)(i) of this Section. Obstructions permitted pursuant to Section 23-411 may penetrate such imaginary plane provided that they are at least 90 percent transparent. In addition, obstructions specified in Section 23-412(c) located within 85 feet of Franklin Avenue may penetrate such imaginary plane up to 12 feet if there is a minimum of 30 feet between such obstructions and the obstruction is no longer than 60 feet in length along the frontage of Franklin Avenue.
Street wall modifications in Community Districts 8 and 9 For the purposes of applying the street wall location as well as the height and setback provisions of Sections 23-431 and 23-432, respectively, where the Administrative Code establishes restrictions on the location of buildings on lots fronting upon and within 30 feet of Eastern Parkway in Community Districts 8 and 9 in the Borough of Brooklyn, lines drawn 30 feet north of and 30 feet south of, and parallel to, Eastern Parkway shall be considered the northern and southern street lines of Eastern Parkway.
Height and setback modifications in Community District 9 For zoning lots in Mandatory Inclusionary Housing areas within the portion of Community District 9 in the Borough of Brooklyn, on the block bounded by Montgomery Street, Washington Avenue, Sullivan Place, and Franklin Avenue, the following height and setback modifications shall apply. The maximum height of a building or other structure shall not exceed an imaginary plane that: begins at an elevation of 90 feet above the level of the base plane, beginning at the point along the center line of Sullivan Place, distant 120 feet, 4 inches east of the center line of Washington Avenue and parallel to Sullivan Place, and extending to Montgomery Street at an angle of 83 degrees, 17 minutes, 38 seconds; and extends upwards at a slope equivalent of 10 percent to the horizontal, in an easterly direction, as measured perpendicular to the line established by paragraph (b)(2)(i) of this Section. Obstructions permitted pursuant to Section 23-411 may penetrate such imaginary plane provided that they are at least 90 percent transparent. In addition, obstructions specified in Section 23-412(c) located within 85 feet of Franklin Avenue may penetrate such imaginary plane up to 12 feet if there is a minimum of 30 feet between such obstructions and the obstruction is no longer than 60 feet in length along the frontage of Franklin Avenue.
begins at an elevation of 90 feet above the level of the base plane, beginning at the point along the center line of Sullivan Place, distant 120 feet, 4 inches east of the center line of Washington Avenue and parallel to Sullivan Place, and extending to Montgomery Street at an angle of 83 degrees, 17 minutes, 38 seconds; and
extends upwards at a slope equivalent of 10 percent to the horizontal, in an easterly direction, as measured perpendicular to the line established by paragraph (b)(2)(i) of this Section. Obstructions permitted pursuant to Section 23-411 may penetrate such imaginary plane provided that they are at least 90 percent transparent. In addition, obstructions specified in Section 23-412(c) located within 85 feet of Franklin Avenue may penetrate such imaginary plane up to 12 feet if there is a minimum of 30 feet between such obstructions and the obstruction is no longer than 60 feet in length along the frontage of Franklin Avenue.
Obstructions permitted pursuant to Section 23-411 may penetrate such imaginary plane provided that they are at least 90 percent transparent. In addition, obstructions specified in Section 23-412(c) located within 85 feet of Franklin Avenue may penetrate such imaginary plane up to 12 feet if there is a minimum of 30 feet between such obstructions and the obstruction is no longer than 60 feet in length along the frontage of Franklin Avenue.
