Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC ZR § 23-735?

Quick Answer

This section outlines specific regulations for sky exposure plane buildings, including modifications to minimum distances between buildings based on wall conditions and building heights. It specifies how these regulations differ for through lots and provides definitions for wall conditions. Applies to building owners and developers managing zoning lot configurations.

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

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 23-735 Special yard, court and other area regulations

ZR § 23-735

For sky exposure plane buildings, the provisions of Section 23-30, inclusive, shall apply, except that:

for through lots, the alternate location allowances set forth in paragraph (c)(2) of Section 23-343 (Rear yard equivalent requirements) may be applied to rear yard equivalents;

the maximum lot coverages set forth in Section 23-36, inclusive, need not apply; and

the minimum distance between buildings provisions of paragraph (c)(2) of Section 23-371, pertaining to two or more buildings on the same zoning lot that are not connected at any level, shall be modified as follows. The required minimum distance between the portion of a building containing dwelling units and any other building on the same zoning lot shall vary according to the height of such building and the particular wall condition and the presence of legally required windows in facing building walls. For the purposes of this Section, wall condition shall be defined as follows: “wall to wall” is a condition where two walls of buildings face each other, and neither wall contains a legally required window; “wall to window” is a condition where two walls of buildings face each other, and one wall contains a legally required window and the other wall does not contain a legally required window; “window to window” is a condition where two walls of buildings face each other, and both walls contain a legally required window. Such minimum distance shall be as indicated in the following table: Wall Condition Maximum building height above base plane or curb level, as applicable 25 feet 35 feet 40 feet 50 feet Over 50 feet Wall to wall 40 40 40 40 40 Wall to window 40 40 40 45 50 Window to window 40 45 50 55 60 However, for portions of buildings higher than 125 feet, the provisions of Section 23-371 shall continue to apply.

“wall to wall” is a condition where two walls of buildings face each other, and neither wall contains a legally required window;

“wall to window” is a condition where two walls of buildings face each other, and one wall contains a legally required window and the other wall does not contain a legally required window;

“window to window” is a condition where two walls of buildings face each other, and both walls contain a legally required window.

Wall Condition

Maximum building height above base plane or curb level, as applicable

25 feet

35 feet

40 feet

50 feet

Over 50 feet

Wall to wall

40

Wall to window

45

50

Window to window

55

60

However, for portions of buildings higher than 125 feet, the provisions of Section 23-371 shall continue to apply.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 23-735?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters