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What is NYC ZR § 33-451?

Quick Answer

This section outlines regulations for towers in specified commercial districts, allowing certain buildings to penetrate established sky exposure planes under specific conditions. It details the maximum allowable area for towers based on proximity to street lines and overall lot area occupancy. Applies to property owners in designated commercial zoning districts.

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

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§ 33-451 In certain specified Commercial Districts

ZR § 33-451

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In the districts indicated, any buildings or portions thereof which in the aggregate occupy not more than 40 percent of the lot area of a zoning lot or, for zoning lots of less than 20,000 square feet, the percent set forth in Section 33-454 (Towers on small lots), may penetrate an established sky exposure plane. (Such building or portion thereof is hereinafter referred to as a tower.) At any given level, except where the provisions set forth in Section 33-455 (Alternate regulations for towers on lots bounded by two or more streets) or 33-456 (Alternate setback regulations on lots bounded by two or more streets) or 33-457 (Tower setbacks on narrow blocks) are applicable and where the option is taken to be governed by such provisions, such tower may occupy any portion of the zoning lot not located less than 15 feet from the street line of a narrow street, or less than 10 feet from the street line of a wide street, provided that the aggregate area so occupied within 50 feet of a narrow street shall not exceed 1,875 square feet and the aggregate area so occupied within 40 feet of a wide street shall not exceed 1,600 square feet.

If all of the buildings on a zoning lot containing such tower do not occupy at any level more than the maximum percent of the lot area set forth in this Section or Section 33-454 for towers, the tower may occupy any portion of the zoning lot located 20 feet or more from the street line of a narrow street or 15 feet or more from the street line of a wide street, provided that the aggregate area so occupied within 50 feet of a narrow street shall not exceed 2,250 square feet and the aggregate area so occupied within 40 feet of a wide street shall not exceed 2,000 square feet.

Unenclosed balconies, subject to the provisions of Section 24-164 (Balconies), are permitted to project into or over open areas not occupied by towers.

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