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What is NYC ZR § 33-442?

Quick Answer

This section outlines the alternate front setback regulations for buildings in specified commercial districts, detailing required setbacks based on the depth of optional front open areas and the type of street. The statute applies to property owners in the designated commercial districts who are planning construction or modifications.

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

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§ 33-442 In other Commercial Districts

ZR § 33-442

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C3 C4 C5 C6 C8

In the districts indicated, the alternate front setback regulations applicable to a building or other structure 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 C3 C4-1 C8-1 Districts

15

10

30

1.4

to 1

Within C1-6 C2-6 C4-2 C4-3 C4-4 C4-5 C8-2 C8-3 Districts

60

3.7

7.6

Within C1-7 C1-8 C1-9 C2-7 C2-8 C4-2F C4-6 C4-7 C4-8 C4-9 C4-11 C4-12 C5 C6 C8-4 Districts

85

However, in accordance with the provisions of Section 32-42 (Location Within Buildings), in C1, C2 or C3 Districts, no commercial building or portion thereof occupied by uses listed under Use Groups VI through X shall exceed in height 30 feet or two stories, whichever is less.

In C4-1 or C8-1 Districts, for community facility buildings or buildings used for both community facility use and commercial use, the maximum height above street line shall be 35 feet or three stories, whichever is less.

ALTERNATE SKY EXPOSURE PLANE

(23-736, 24-53, 33-442, 43-44)

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