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What is NYC ZR § 62-341?

Quick Answer

This section establishes height and setback regulations for developments in specified lower density districts, particularly those near waterfronts. It outlines maximum building heights and required setbacks from street lines and shore public walkways. Applies to property developers and building owners in designated zoning districts.

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

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§ 62-341 Height and setback regulations in lower density districts

ZR § 62-341

R1 R2 R3 R4 R5 C3 C4-1 C8-1 M1-1

In the districts indicated, and for C1 or C2 Districts mapped within an R1 through an R5 District, all developments on portions of a zoning lot landward of the shoreline or on platforms shall be subject to the underlying height and setback regulations, except as modified by the provisions of this Section.

Modified base height and building heights in certain districts The maximum base height and maximum building height for buildings on waterfront blocks for certain districts shall be as set forth in the following table: MAXIMUM BASE HEIGHT AND MAXIMUM BUILDING HEIGHT FOR RESIDENTIAL BUILDINGS ON WATERFRONT BLOCKS District Maximum Base Height (in feet) Maximum Height of Buildings or other Structures (in feet) R1 R2 C1 or C2 mapped within R1 or R2 C8-1 M1-1 35 35 R3 C1 or C2 mapped within R3 C3 35 45 R4 C1 or C2 mapped within R4 45 55 R5 C1 or C2 mapped within R5 C4-1 55 65

MAXIMUM BASE HEIGHT AND MAXIMUM BUILDING HEIGHT FOR RESIDENTIAL BUILDINGS ON WATERFRONT BLOCKS

District

Maximum Base Height (in feet)

Maximum Height of Buildings or other Structures (in feet)

R1 R2

C1 or C2 mapped within R1 or R2

C8-1 M1-1

35

R3

C1 or C2 mapped within R3

C3

45

R4

C1 or C2 mapped within R4

55

R5

C1 or C2 mapped within R5

C4-1

65

Additional regulations Above the maximum base height, a building shall be set back at least: 15 feet from a narrow street line; 10 feet from a wide street line; or 30 feet from the boundary of a shore public walkway. Wherever a supplemental public access area is provided as a widened shore public walkway, such widened area shall be included in the initial setback distance. Dormers provided in accordance with Section 23-413 shall be permitted within any setback area, provided that the depth of encroachment of a dormer facing the shore public walkway shall not exceed 15 feet; Any portion of a predominantly community facility building that exceeds a height of 35 feet shall be set back at least 25 feet from a front yard line or street line, where applicable, and no portion of such building shall exceed a height of 60 feet. However, within a large-scale community facility development, for portions of a building that are located at least 100 feet from a street line and, on a waterfront zoning lot, 100 feet from a waterfront yard, the maximum height shall not exceed 100 feet. All structures other than buildings shall be limited to a height of 35 feet, except that in C4-1, C8-1 and M1-1 Districts, freestanding wind energy systems shall be permitted to a height of 85 feet, as measured from the base plane to the highest point of the wind turbine assembly.

Above the maximum base height, a building shall be set back at least: 15 feet from a narrow street line; 10 feet from a wide street line; or 30 feet from the boundary of a shore public walkway. Wherever a supplemental public access area is provided as a widened shore public walkway, such widened area shall be included in the initial setback distance. Dormers provided in accordance with Section 23-413 shall be permitted within any setback area, provided that the depth of encroachment of a dormer facing the shore public walkway shall not exceed 15 feet;

15 feet from a narrow street line;

10 feet from a wide street line; or

30 feet from the boundary of a shore public walkway. Wherever a supplemental public access area is provided as a widened shore public walkway, such widened area shall be included in the initial setback distance. Dormers provided in accordance with Section 23-413 shall be permitted within any setback area, provided that the depth of encroachment of a dormer facing the shore public walkway shall not exceed 15 feet;

Dormers provided in accordance with Section 23-413 shall be permitted within any setback area, provided that the depth of encroachment of a dormer facing the shore public walkway shall not exceed 15 feet;

Any portion of a predominantly community facility building that exceeds a height of 35 feet shall be set back at least 25 feet from a front yard line or street line, where applicable, and no portion of such building shall exceed a height of 60 feet. However, within a large-scale community facility development, for portions of a building that are located at least 100 feet from a street line and, on a waterfront zoning lot, 100 feet from a waterfront yard, the maximum height shall not exceed 100 feet.

All structures other than buildings shall be limited to a height of 35 feet, except that in C4-1, C8-1 and M1-1 Districts, freestanding wind energy systems shall be permitted to a height of 85 feet, as measured from the base plane to the highest point of the wind turbine assembly.

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