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What is NYC ZR § 35-642?

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This section outlines special height and setback provisions for buildings with residential uses in specified community districts of Manhattan and Brooklyn. It modifies existing regulations to apply to buildings with over 25 percent residential floor area and establishes specific street wall locations near Eastern Parkway. Applies to building owners in designated community districts.

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

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§ 35-642 Special Height and Setback Provisions for Certain Areas

ZR § 35-642

Borough of Manhattan Community District 6 In Community District 6 in the Borough of Manhattan, for buildings developed or enlarged with towers in Commercial Districts mapped within R10 Districts located east of First Avenue and north of East 51st Street, the provisions of paragraph (b) of Section 35-641 (Special tower provisions) shall be modified to require that the additional tower regulations of paragraph (b) of Section 23-441 apply to all buildings where more than 25 percent of the total floor area of the building is allocated to residential uses, irrespective of whether the building has wide street or narrow street frontage. Such provisions shall be modified in accordance with the provisions of paragraph (a)(2) of Section 23-442 (Special provisions for certain community districts).

Community District 6 In Community District 6 in the Borough of Manhattan, for buildings developed or enlarged with towers in Commercial Districts mapped within R10 Districts located east of First Avenue and north of East 51st Street, the provisions of paragraph (b) of Section 35-641 (Special tower provisions) shall be modified to require that the additional tower regulations of paragraph (b) of Section 23-441 apply to all buildings where more than 25 percent of the total floor area of the building is allocated to residential uses, irrespective of whether the building has wide street or narrow street frontage. Such provisions shall be modified in accordance with the provisions of paragraph (a)(2) of Section 23-442 (Special provisions for certain community districts).

Borough of Brooklyn Community Districts 8 and 9 For the purposes of applying the street wall location as well as the height and setback provisions of Sections 35-631 and 35-632, respectively, where the Administrative Code establishes restrictions on the location of buildings on lots fronting upon and within 30 feet of Eastern Parkway in Community Districts 8 and 9 in the Borough of Brooklyn, lines drawn 30 feet north of and 30 feet south of, and parallel to, Eastern Parkway shall be considered the northern and southern street lines of Eastern Parkway. Community Districts 3, 5, and 16 For C4-4L Districts mapped within Community Districts 3, 5, and 16 in the Borough of Brooklyn with frontage along an elevated rail line, a sidewalk widening of 5 feet shall be provided.

Community Districts 8 and 9 For the purposes of applying the street wall location as well as the height and setback provisions of Sections 35-631 and 35-632, respectively, where the Administrative Code establishes restrictions on the location of buildings on lots fronting upon and within 30 feet of Eastern Parkway in Community Districts 8 and 9 in the Borough of Brooklyn, lines drawn 30 feet north of and 30 feet south of, and parallel to, Eastern Parkway shall be considered the northern and southern street lines of Eastern Parkway.

Community Districts 3, 5, and 16 For C4-4L Districts mapped within Community Districts 3, 5, and 16 in the Borough of Brooklyn with frontage along an elevated rail line, a sidewalk widening of 5 feet shall be provided.

Borough of the Bronx Community District 1 In C6-3 Districts without a letter suffix in Mandatory Inclusionary Housing Program Area 4, as of February 14, 2018, in Community District 1, in the Borough of the Bronx, for an MIH development that is also an MIH site or for a development containing no residences other than affordable independent residences for seniors, the applicable residential equivalent for the purposes of applying the height and setback provisions of Section 23-43, inclusive, shall be the eligible site provisions applicable to an R9-1 District.

Community District 1 In C6-3 Districts without a letter suffix in Mandatory Inclusionary Housing Program Area 4, as of February 14, 2018, in Community District 1, in the Borough of the Bronx, for an MIH development that is also an MIH site or for a development containing no residences other than affordable independent residences for seniors, the applicable residential equivalent for the purposes of applying the height and setback provisions of Section 23-43, inclusive, shall be the eligible site provisions applicable to an R9-1 District.

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