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What is NYC ZR § 23-443?

Quick Answer

This section establishes special zoning provisions for lots adjacent to public parks and transportation infrastructure. It outlines height allowances and regulations for buildings in various districts, including Limited Height Districts and transition areas. Applies to building owners and developers in specific zoning districts adjacent to parks and transportation infrastructure.

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

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§ 23-443 Special provisions in other geographies

ZR § 23-443

Special provisions for zoning lots adjoining public parks In all districts, where a building adjoining a public park utilizes the provisions of Section 23-381, such public park shall be considered a wide street for the purpose of applying the regulations set forth in Sections 23-42 and 23-43 to any building or other structure on a zoning lot adjoining such public park.

Special provisions for zoning lots with transportation-infrastructure-adjacent frontage For zoning lots or portions thereof within 100 feet of a street line along a transportation-infrastructure-adjacent frontage, the following shall apply: the applicable street wall location provisions of Section 23-431 and the minimum base height provisions of Section 23-432 need not apply; and for buildings containing multiple dwelling residences that are not otherwise eligible for additional height pursuant to Section 23-434, the applicable maximum building heights may be increased by 10 feet in R1 through R6 Districts, and by 20 feet in R7 through R12 Districts.

the applicable street wall location provisions of Section 23-431 and the minimum base height provisions of Section 23-432 need not apply; and

for buildings containing multiple dwelling residences that are not otherwise eligible for additional height pursuant to Section 23-434, the applicable maximum building heights may be increased by 10 feet in R1 through R6 Districts, and by 20 feet in R7 through R12 Districts.

Limited Height Districts In the Limited Height Districts, 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; and for zoning lots that do not contain qualifying affordable housing or qualifying senior housing, the maximum height of buildings or other structures shall be as shown in the following table: Limited height district Maximum height above curb level or base plane, as applicable LH-1 50 feet LH-lA 60 feet LH-2 70 feet LH-3 100 feet

the additional height allowances for eligible sites set forth in Section 23-434 shall not apply; and

for zoning lots that do not contain qualifying affordable housing or qualifying senior housing, the maximum height of buildings or other structures shall be as shown in the following table: Limited height district Maximum height above curb level or base plane, as applicable LH-1 50 feet LH-lA 60 feet LH-2 70 feet LH-3 100 feet

Limited height district

Maximum height above curb level or base plane, as applicable

LH-1

50 feet

LH-lA

60 feet

LH-2

70 feet

LH-3

100 feet

Special provisions along certain district boundaries Where a lot line of a zoning lot located in an R6 through R12 District coincides with the district boundary of an R1 through R5 District, the height of a building within a ‘transition area’ measured parallel to the district boundary, shall not exceed the heights set forth in the table, depending on the zoning district adjacency, the adjacent zoning lot condition, and the width of the zoning lot. TRANSITION AREA DIMENSION AND MAXIMUM HEIGHT Maximum permitted height within transition area (in feet, above base plane) Adjacent zoning district and zoning lot condition For zoning lots with a lot width less than or equal to 30 feet For zoning lots with a lot width greater than 30 feet Within a distance equal to one-third of the lot width of the district boundary Within 15 feet of the district boundary Beyond 15 feet and within 25 feet of the district boundary R1 R2 R3 Non-qualifying residential sites 45* 45* 65 Qualifying residential sites 65 65 85 R4 R5 Non-qualifying residential sites 65 65 85 Qualifying residential sites 85 85 85 * For zoning lots in R7, R8, R9 and R10 Districts, the maximum permitted height within the transition area shall be 65 feet.

TRANSITION AREA DIMENSION AND MAXIMUM HEIGHT

Maximum permitted height within transition area (in feet, above base plane)

Adjacent zoning district and zoning lot condition

For zoning lots with a lot width less than or equal to 30 feet

For zoning lots with a lot width greater than 30 feet

Within a distance equal to one-third of the lot width of the district boundary

Within 15 feet of the district boundary

Beyond 15 feet and within 25 feet of the district boundary

R1 R2 R3

Non-qualifying residential sites

45*

65

Qualifying residential sites

85

R4 R5

For zoning lots in R7, R8, R9 and R10 Districts, the maximum permitted height within the transition area shall be 65 feet.

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