Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC ZR § 35-62?

Quick Answer

This section establishes height and setback requirements for buildings in Commercial Districts with residential equivalents of R1 through R5. It specifies regulations for non-qualifying residential sites in R3, R4, R5A, and R5B Districts. Applies to property owners developing or modifying buildings in designated commercial areas.

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

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 35-62 Height and Setback Requirements in Commercial Districts With R1 Through R5 Equivalency

ZR § 35-62

In Commercial Districts mapped within, or with a residential equivalent of an R1 through R5 District, for the purposes of applying the provisions of Section 23-42 (Height and Setback Requirements in R1 Through R5 Districts), inclusive, the applicable Residence District regulations shall apply, including as modified by the provisions of Section 35-22 (Residential Bulk Regulations in C1 or C2 Districts Whose Bulk Is Governed by Surrounding Residence District).

However, for non-qualifying residential sites:

(a)located within R3 and R4 Districts, the height and setback regulations for R4 Districts without a letter or number suffix shall apply; and

(b)located within R5A or R5B Districts, the height and setback regulations for R5 Districts without a letter suffix shall apply.

Furthermore, for the purposes of applying the provisions of Section 23-423 (Standard setback regulations), for building street walls fronting a street where a Commercial District is mapped along the entire block frontage, for the portion of such street wall that exceeds the maximum base height, a setback shall be provided at a height not lower than a minimum base height of 20 feet and not higher than the maximum base height set forth in Section 23-424 (Height and setback requirements for qualifying residential sites).

Additional height and setback provisions are set forth in Section 35-64 (Special Provisions for Certain Areas), inclusive.

The height of all buildings or other structures shall be measured from the base plane. For the purposes of this Section, where base planes of different elevations apply to different portions of a building or other structure, each such portion of the building may be considered to be a separate building.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 35-62?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters