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

What is NYC ZR § 43-45?

Quick Answer

This section outlines regulations for tower structures in specific M zoning districts, detailing the allowable area and proximity to street lines. It specifies limits on the percentage of lot area that can be occupied by towers and sets conditions for their placement relative to narrow and wide streets. Applies to building owners in M1 districts.

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 →

§ 43-45 Tower Regulations

ZR § 43-45

M1-3 M1-4 M1-5 M1-6

In the districts indicated, other than districts with an A suffix, any building or buildings, or portion 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 43-451 (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, 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 43-451 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.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 43-45?

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