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What is NYC ZR § 23-736?

Quick Answer

This section establishes special height and setback regulations for sky exposure plane buildings in specified zoning districts. It outlines maximum heights and required setbacks based on the type of street and zoning district. Applies to building owners in R6, R7, R8, R9, and R10 districts planning to construct or modify buildings.

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

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§ 23-736 Special height and setback regulations for sky exposure plane buildings

ZR § 23-736

R6 R7 R8 R9 R10

In the districts indicated without a letter suffix, for sky exposure plane buildings, the height and setback regulations shall be as set forth in this Section, inclusive.

Buildings may elect to utilize the front setback provisions of paragraph (a) of this Section, or the alternate front setback provisions of paragraph (b) of this Section. Where elected, such provisions shall supersede the provisions of Section 23-43, inclusive.

In R9 or R10 Districts, towers may penetrate a sky exposure plane pursuant to Section 23-737 (Tower regulations).

Notwithstanding the foregoing, for narrow buildings, the provisions of Section 23-738 shall apply, and within Limited Height Districts the provisions for Section 23-739 shall apply.

Front setbacksIf the front wall or other portion of a building or other structure is located at the street line or within the initial setback distance set forth in the following table, the height of such front wall or other portion of a building or other structure shall not exceed the maximum height above the street line set forth in the table. Above such specified maximum height and beyond the initial setback distance, the building or other structure shall not penetrate the sky exposure plane set forth in the table, except as otherwise provided in Sections 23-41 (Permitted Obstructions) or 23-737 (Tower regulations). MAXIMUM HEIGHT OF FRONT WALL AND REQUIRED FRONT SETBACKS Initial Setback Distance (in feet) Maximum Height of a Front Wall or other portion of a Building or Other Structure within the Initial Setback Distance Sky Exposure Plane Height above Street Line (in feet) Slope over Zoning Lot (expressed as a ratio of vertical distance to horizontal distance) On Narrow Street On Wide Street On Narrow Street On Wide Street Vertical Distance Horizontal Distance Vertical Distance Horizontal Distance R6 or R7 Districts 20 15 60 feet or six stories, whichever is less 60 2.7 to 1 5.6 to 1 R8 R9 or R10 Districts 20 15 85 feet or nine stories, whichever is less 85 2.7 to 1 5.6 to 1

MAXIMUM HEIGHT OF FRONT WALL AND REQUIRED FRONT SETBACKS

Initial Setback Distance

(in feet)

Maximum Height of a Front Wall or other portion of a Building or Other Structure within the Initial Setback Distance

Sky Exposure Plane

Height above Street Line (in feet)

Slope over Zoning Lot (expressed as a ratio of vertical distance to horizontal distance)

On Narrow Street

On Wide Street

Vertical Distance

Horizontal Distance

R6 or R7 Districts

20

15

60 feet or six stories, whichever is less

60

2.7

to 1

5.6

R8 R9 or R10 Districts

85 feet or nine stories, whichever is less

85

Alternate front setbacks If an open area is provided along the entire length of the front lot line with the minimum depth set forth in the table in this Section, the provisions of this Section may apply in lieu of the provisions of paragraph (a) of this Section. The building or other structure shall not penetrate the sky exposure plane set forth in the table, except as otherwise provided in Sections 23-41 (Permitted Obstructions) or 23-737 (Tower regulations). In R9 or R10 Districts, the provisions of this paragraph shall be inapplicable to any development or enlargement with more than 25 percent of the total floor area of the building in residential use. ALTERNATE REQUIRED FRONT SETBACKS Depth of Optional Front Open Area (in feet, measured perpendicular to street line) Alternate Sky Exposure Plane Height above Street Line (in feet) Slope over Zoning Lot (expressed as a ratio of vertical distance to horizontal distance) On Narrow Street On Wide Street On Narrow Street On Wide Street Vertical Distance Horizontal Distance Vertical Distance Horizontal Distance R6 or R7 Districts 15 10 60 3.7 to 1 7.6 to 1 R8 R9 or R10 Districts 15 10 85 3.7 to 1 7.6 to 1

ALTERNATE REQUIRED FRONT SETBACKS

Depth of Optional Front Open Area (in feet, measured perpendicular to street line)

Alternate Sky Exposure Plane

10

3.7

7.6

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