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What is NYC ZR § 23-738?

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This section establishes height limitations for buildings with street walls less than 45 feet in width in specified zoning districts. It outlines maximum heights based on street widths and conditions for exceeding these limits. Applies to building owners and property operators in relevant zoning areas.

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§ 23-738 Height limitations for narrow buildings or enlargements

ZR § 23-738

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In the districts indicated, portions of buildings with street walls less than 45 feet in width shall not be permitted above the following heights:

For interior lots, and for through lots, which shall be treated as two separate interior lots of equal depth for the purposes of determining the height limitations of this Section, a height equal to the width of the street on which such street walls front or 100 feet, whichever is less;

For corner lots bounded by only narrow streets, a height equal to the width of the narrowest of such streets on which such street walls front;

For corner lots bounded by at least one wide street, a height equal to the width of the widest street on which it fronts, or 100 feet, whichever is less;

The heights permitted in paragraphs (a), (b) or (c) of this Section may be exceeded if: on a wide street, such portion of a building with a street wall less than 45 feet in width abuts an existing building with a street wall that exceeds such permitted heights. Such new street walls may reach the height of such abutting building or, where there are two abutting buildings that exceed such heights, such new street wall may reach the height of the tallest of such abutting buildings; or on a narrow street, such street walls abut two existing buildings with street walls that both exceed the heights permitted. Such new street walls may reach the height of the lowest of such abutting buildings; and such new street walls shall be fully contiguous at every level with such abutting street walls.

on a wide street, such portion of a building with a street wall less than 45 feet in width abuts an existing building with a street wall that exceeds such permitted heights. Such new street walls may reach the height of such abutting building or, where there are two abutting buildings that exceed such heights, such new street wall may reach the height of the tallest of such abutting buildings; or

on a narrow street, such street walls abut two existing buildings with street walls that both exceed the heights permitted. Such new street walls may reach the height of the lowest of such abutting buildings; and

such new street walls shall be fully contiguous at every level with such abutting street walls.

In addition, the following rules shall apply: The front height and setback regulations and any height limitations of the underlying district shall apply, except that the alternate front setback regulations of paragraph (b) of Section 23-736 and the tower regulations of Section 23-737 shall not apply. In the event of a conflict between the underlying regulations and the regulations of this Section, the more restrictive shall apply. The provisions of this Section shall not apply to street walls of permitted obstructions or street walls located beyond 100 feet of a street line. For the purposes of determining the width of a street wall: the width shall be the sum of the maximum widths of all street walls of a building at every level. The width of a street wall shall be the length of the street line from which, when viewed directly from above, lines perpendicular to the street line may be drawn to such street wall; and abutting buildings on a single zoning lot may be considered a single building. For buildings with street walls less than 45 feet in width that front only on a narrow street and abut two existing buildings, the street wall of such building shall be no closer to the street line than the street wall of the abutting building that is closest to the street line. On a through lot containing buildings with street walls less than 45 feet in width, the alternative location provisions for rear yard equivalents set forth in Section 23-735 (Special yard, court and other area regulations) shall not apply.

The front height and setback regulations and any height limitations of the underlying district shall apply, except that the alternate front setback regulations of paragraph (b) of Section 23-736 and the tower regulations of Section 23-737 shall not apply. In the event of a conflict between the underlying regulations and the regulations of this Section, the more restrictive shall apply.

The provisions of this Section shall not apply to street walls of permitted obstructions or street walls located beyond 100 feet of a street line.

For the purposes of determining the width of a street wall: the width shall be the sum of the maximum widths of all street walls of a building at every level. The width of a street wall shall be the length of the street line from which, when viewed directly from above, lines perpendicular to the street line may be drawn to such street wall; and abutting buildings on a single zoning lot may be considered a single building.

the width shall be the sum of the maximum widths of all street walls of a building at every level. The width of a street wall shall be the length of the street line from which, when viewed directly from above, lines perpendicular to the street line may be drawn to such street wall; and

abutting buildings on a single zoning lot may be considered a single building.

For buildings with street walls less than 45 feet in width that front only on a narrow street and abut two existing buildings, the street wall of such building shall be no closer to the street line than the street wall of the abutting building that is closest to the street line.

On a through lot containing buildings with street walls less than 45 feet in width, the alternative location provisions for rear yard equivalents set forth in Section 23-735 (Special yard, court and other area regulations) shall not apply.

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