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What is NYC ZR § 43-44?

Quick Answer

This section outlines the conditions under which the maximum height of front walls and required front setbacks do not apply in specific zoning districts when an open area is provided along the front lot line. It includes provisions for public plazas and establishes height restrictions for community facility buildings. Applies to building owners in M1, M2, and M3 districts.

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

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§ 43-44 Alternate Front Setbacks

ZR § 43-44

M1 M2 M3

In all districts, other than districts with an A suffix, if an open area is provided along the full length of the front lot line with the minimum depth set forth in the following table, the provisions of Section 43-43 (Maximum Height of Front Wall and Required Front Setbacks) shall not apply. The minimum depth of such open area shall be measured perpendicular to the front lot line. However, in such instances, except as otherwise provided in this Section or in Sections 43-42 (Permitted Obstructions) or 43-45 (Tower Regulations), no building or other structure shall penetrate the alternate sky exposure plane set forth in the table in this Section. The sky exposure plane shall be measured from a point above the street line.

In an M1-6 District, if the open area provided under the terms of this Section is a public plaza, such open area may be counted toward the bonus provided for a public plaza, pursuant to Section 43-14 (Floor Area Bonus for Public Plazas and Arcades).

In M1-1 Districts, for community facility buildings the height above the street line shall be 35 feet.

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 M1-1 Districts

15

10

30

1.4 to

1

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

60

3.7 to

7.6 to

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

85

ALTERNATE SKY EXPOSURE PLANE(23 - 64, 24 - 53, 33 - 442, 43 - 44)

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