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What is NYC ZR § 43-43?

Quick Answer

This section establishes regulations regarding the maximum height of front walls and required front setbacks for buildings in various zoning districts. It specifies height limits based on the district type and setback distances, including particular provisions for community facility buildings in M1 districts. Applies to building owners in M1, M2, and M3 zoning districts.

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

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§ 43-43 Maximum Height of Front Wall and Required Front Setbacks

ZR § 43-43

M1 M2 M3

In all districts, other than districts with an A suffix, if the front wall or any other portion of a building or other structure is located at the street line or within the initial setback distance as set forth in the table in this Section, the height of such front wall or other portion of a building or other structure, except as otherwise set forth in this Section, shall not exceed the maximum height above curb level set forth in the table. Above such maximum height and beyond the initial setback distance, the building or other structure shall not penetrate the sky exposure plane set forth in the table.

The regulations of this Section shall apply, except as otherwise provided in Sections 43-42 (Permitted Obstructions), 43-44 (Alternate Front Setbacks) or 43-45 (Tower Regulations). In M1-1 Districts, for community facility buildings, the maximum height of a front wall shall be 35 feet or three stories, whichever is less, and the height above the street line shall be 35 feet, and in M1-4 Districts, for community facility buildings, the maximum height of a front wall shall be 60 feet or six stories, whichever is less.

MAXIMUM HEIGHT OF FRONT WALL AND REQUIRED FRONT SETBACKS

Initial Setback Distance (in feet)

Maximum Height of a Front Wall, or other Portion of a Building or other structure within the Initial Setback Distance

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

On Wide Street

Vertical Distance

Horizontal Distance

Within M1-1 Districts

20

15

30 feet or 2 stories, whichever is less

30

1 to

1

Within M1-2, M1-4, M2-1, M2-3 or M3 Districts

60 feet or 4 stories, whichever is less

60

2.7 to

5.6 to

Within M1-3, M1-5, M1-6, M2-2 or M2-4 Districts

85 feet or 6 stories, whichever is less

85

SKY EXPOSURE PLANE(23 - 641, 24 - 522, 33 - 432, 43 - 43)

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