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§ 33-40 — HEIGHT AND SETBACK REGULATIONS

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What is NYC ZR § 33-40?

Quick Answer

This section establishes height and setback regulations for buildings in Commercial Districts, with exceptions for certain mapped areas. In specific residential equivalents, regulations from Section 23-43 apply instead. The statute is enforced by the Department of Buildings. Applies to building owners in Commercial Districts.

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

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§ 33-40 HEIGHT AND SETBACK REGULATIONS

ZR § 33-40

All buildings in Commercial Districts shall comply with the height and setback regulations set forth in this Section, inclusive. However, the height and setback regulations of this Section, inclusive, shall not apply in Commercial Districts mapped within, or with a residential equivalent of an R6 through R12 District with a letter suffix. In lieu thereof, the height and setback regulations of Section 23-43 (Height and Setback Requirements in R6 Through R12 Districts), inclusive, shall be applied to all buildings in accordance with the applicable Residence District regulations, pursuant to Section 33-03 (Applicability of Article II, Chapter 3 Regulations).

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