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What is NYC ZR § 33-441?

Quick Answer

This section outlines the alternate front setback regulations for buildings in C1 and C2 Districts, determining requirements based on the mapped Residence District. It specifies height limitations for commercial buildings occupied by certain non-residential uses and community facility buildings. Applies to property operators in designated commercial districts.

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

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§ 33-441 In C1 or C2 Districts with bulk governed by surrounding Residence District

ZR § 33-441

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, the alternate front setback regulations applicable to a building or other structure shall be determined by the Residence District in which such Commercial District is mapped and, except as otherwise set forth in this Section, shall be as set forth in the following table:

ALTERNATE REQUIRED FRONT SETBACKS

Depth of Optional Front Open Area (in feet)

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

Vertical Distance

Horizontal Distance

Within R1, R2, R3, R4, R5, R5A or R5B Districts

15

10

30

1.4

to 1

Within R6 or R7 Districts

60

3.7

7.6

Within R8, R9, R10, R11 or R12 Districts

85

However, in accordance with the provisions of Section 32-42 (Location within Buildings), no commercial building, or portion thereof, occupied by non-residential uses listed under Use Groups VI through X shall exceed in height 30 feet or two stories, whichever is less.

For community facility buildings or buildings used for both community facility use and commercial use, when mapped within R4, R5, R5A or R5B Districts, the height above street line shall be 35 feet.

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