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

What is NYC ZR § 62-343?

Quick Answer

This section outlines height and setback regulations for developments in specific medium- and high-density districts not covered by other sections. It provides detailed maximum base heights and transition heights for various districts, including waterfront considerations. Applies to building owners and developers in designated zoning 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 →

§ 62-343 Height and setback regulations in other medium- and high-density districts

ZR § 62-343

For those districts not otherwise governed by the provisions of Sections 62-341 (Height and setback regulations in lower density districts) or 62-342 (Height and setback regulations in medium- and high-density districts with a letter suffix), the underlying height and setback regulations are applicable for all developments on portions of a zoning lot landward of the shoreline or on platforms, except as modified by the provisions of this Section.

Modified base height and building heights For all buildings, the base heights, transition heights, and building heights for buildings on waterfront blocks shall be as set forth in the following table. Additional regulations are set forth in paragraph (b) for buildings containing residences and in paragraph (c) for all other buildings. For all buildings, tower regulations are set forth in paragraph (d). MAXIMUM BASE HEIGHT, TRANSITION HEIGHTS, AND MAXIMUM BUILDING HEIGHT - FOR OTHER DISTRICTS District Maximum Base Height (in feet) Transition Zone Maximum Height of Buildings or other Structures (in feet) Maximum Transition Height Tier 1 (in feet) Maximum Transition Height Tier 2 (in feet) R6-2 C1 or C2 mapped within R6-2 55 75 95 195 R6 R6-1 C1 or C2 mapped within R6 or R6-1 C7-1 C8-2 C8-3 M1-2 M1-4 M1-1A M2-1 M2-3 M2-1A M3-1 M3-2 M3-1A 65 95 125 255 R7-1 R7-2 C1 or C2 mapped within R7-1 or R7-2 C7-2 M1-2A M2-2A M3-2A 85 115 155 315 R7-3 C1 or C2 mapped within R7-3 C7-3 C8-4 M1-3 M1-5 M1-3A M2-2 M2-4 M2-3A 95 145 185 375 R8 C1 or C2 mapped within R8 C4-8 C6-1 C6-2 C7-4 M1-4A M2-4A 105 145 215 435 R9 C1 or C2 mapped within, or with a residential equivalent of an R9 C4-9 C6-3 C7-5 C7-6 M1-5A M1-6A 135 185 285 N/A R9-1 C1 or C2 mapped within an R9-1 155 215 315 N/A R10 C1 or C2 mapped within, or with a residential equivalent of an R10 C4-6 C4-7 C5 C6-4 C6-5 C6-6 C6-7 C6-8 C6-9 C7-7 M1-6 M1-7A 155 235 355 N/A R11 C1 or C2 mapped within R11 C4-11 C6-11 C7-8 M1-8A 155 325 405 N/A R12 C1 or C2 mapped within R12 C4-12 C6-12 C7-9 M1-9A 155 395 495 N/A

MAXIMUM BASE HEIGHT, TRANSITION HEIGHTS, AND MAXIMUM BUILDING HEIGHT - FOR OTHER DISTRICTS

District

Maximum Base Height (in feet)

Transition Zone

Maximum Height of Buildings or other Structures (in feet)

Maximum Transition Height Tier 1 (in feet)

Maximum Transition Height Tier 2 (in feet)

R6-2

C1 or C2 mapped within R6-2

55

75

95

195

R6 R6-1

C1 or C2 mapped within R6 or R6-1

C7-1

C8-2 C8-3

M1-2 M1-4 M1-1A

M2-1 M2-3 M2-1A

M3-1 M3-2 M3-1A

65

125

255

R7-1 R7-2

C1 or C2 mapped within R7-1 or R7-2

C7-2

M1-2A

M2-2A

M3-2A

85

115

155

315

R7-3

C1 or C2 mapped within R7-3

C7-3

C8-4

M1-3 M1-5 M1-3A

M2-2 M2-4 M2-3A

145

185

375

R8

C1 or C2 mapped within R8

C4-8

C6-1 C6-2

C7-4

M1-4A

M2-4A

105

215

435

R9

C1 or C2 mapped within, or with a residential equivalent of an R9

C4-9 C6-3

C7-5 C7-6

M1-5A M1-6A

135

285

N/A

R9-1

C1 or C2 mapped within an R9-1

R10

C1 or C2 mapped within, or with a residential equivalent of an R10

C4-6 C4-7

C5

C6-4 C6-5 C6-6 C6-7 C6-8 C6-9

C7-7

M1-6 M1-7A

235

355

R11

C1 or C2 mapped within R11

C4-11

C6-11

C7-8

M1-8A

325

405

R12

C1 or C2 mapped within R12

C4-12

C6-12

C7-9

M1-9A

395

495

Additional regulations for buildings containing residences For buildings containing residences, the following shall apply: for street walls not facing the shore public walkway or supplemental public access areas: the street wall location provisions of paragraph (b) of Section 23-431 shall apply, and such street walls shall extend to a minimum base of at least 35 feet, or the height of the building, whichever is less; and at a height not lower than the minimum base height or higher than the maximum base height, setbacks shall be provided in accordance with the provisions of Section 23-433. for portions of buildings facing the shore public walkway or supplemental public access areas: no street wall location provisions shall apply; at a height not higher than the maximum base height, a setback, with a minimum depth of 30 feet shall be provided from the boundary of the 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 setback distance; dormers shall be permitted in such setback, in accordance with Section 23-413, except that the depth of such dormer shall not exceed 15 feet; where a street wall is located within 50 feet of the shoreline, the maximum base height shall not exceed a height of 85 feet; and an amount of building frontage equivalent to at least 25 percent of the aggregate width of street walls facing the shore public walkway shall either be provided as open area in an outer court or shall have a reduced base height that does not exceed two-thirds of the height of the permitted maximum base height; along all frontages, after the required setback, buildings may rise to the maximum transition zone height set forth in the table, which consists of maximum Tier 1 and Tier 2 transition heights. Where the gross area of any story within the transition zone exceeds 10,000 square feet, exclusive of the square footage contained in any permitted dormers, one or more setbacks shall be provided at a height not higher than the maximum Tier 1 transition height. Such setbacks may be of any depth, but shall reduce the gross area of stories such that the highest gross area of any story in the Tier 2 transition zone is at least 10 percent less than that of the highest gross area of any story in the Tier 1 transition zone; and any portion of a building that exceeds the maximum transition height shall be considered a tower and shall be subject to the provisions of paragraph (d) of this Section.

for street walls not facing the shore public walkway or supplemental public access areas: the street wall location provisions of paragraph (b) of Section 23-431 shall apply, and such street walls shall extend to a minimum base of at least 35 feet, or the height of the building, whichever is less; and at a height not lower than the minimum base height or higher than the maximum base height, setbacks shall be provided in accordance with the provisions of Section 23-433.

the street wall location provisions of paragraph (b) of Section 23-431 shall apply, and such street walls shall extend to a minimum base of at least 35 feet, or the height of the building, whichever is less; and

at a height not lower than the minimum base height or higher than the maximum base height, setbacks shall be provided in accordance with the provisions of Section 23-433.

for portions of buildings facing the shore public walkway or supplemental public access areas: no street wall location provisions shall apply; at a height not higher than the maximum base height, a setback, with a minimum depth of 30 feet shall be provided from the boundary of the 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 setback distance; dormers shall be permitted in such setback, in accordance with Section 23-413, except that the depth of such dormer shall not exceed 15 feet; where a street wall is located within 50 feet of the shoreline, the maximum base height shall not exceed a height of 85 feet; and an amount of building frontage equivalent to at least 25 percent of the aggregate width of street walls facing the shore public walkway shall either be provided as open area in an outer court or shall have a reduced base height that does not exceed two-thirds of the height of the permitted maximum base height;

no street wall location provisions shall apply;

at a height not higher than the maximum base height, a setback, with a minimum depth of 30 feet shall be provided from the boundary of the 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 setback distance;

dormers shall be permitted in such setback, in accordance with Section 23-413, except that the depth of such dormer shall not exceed 15 feet;

where a street wall is located within 50 feet of the shoreline, the maximum base height shall not exceed a height of 85 feet; and

an amount of building frontage equivalent to at least 25 percent of the aggregate width of street walls facing the shore public walkway shall either be provided as open area in an outer court or shall have a reduced base height that does not exceed two-thirds of the height of the permitted maximum base height;

along all frontages, after the required setback, buildings may rise to the maximum transition zone height set forth in the table, which consists of maximum Tier 1 and Tier 2 transition heights. Where the gross area of any story within the transition zone exceeds 10,000 square feet, exclusive of the square footage contained in any permitted dormers, one or more setbacks shall be provided at a height not higher than the maximum Tier 1 transition height. Such setbacks may be of any depth, but shall reduce the gross area of stories such that the highest gross area of any story in the Tier 2 transition zone is at least 10 percent less than that of the highest gross area of any story in the Tier 1 transition zone; and

any portion of a building that exceeds the maximum transition height shall be considered a tower and shall be subject to the provisions of paragraph (d) of this Section.

Additional regulations for other buildings For buildings that do not contain residences, the following shall apply: 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 setback distance. Dormers provided in accordance with paragraph (b) of 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; after the required setback, buildings may rise to the maximum transition height; any portion of a building that exceeds the maximum transition height shall be considered a tower and subject to the provisions of paragraph (d) of this Section.

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 setback distance. Dormers provided in accordance with paragraph (b) of 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 setback distance. Dormers provided in accordance with paragraph (b) of 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 paragraph (b) of 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;

after the required setback, buildings may rise to the maximum transition height;

any portion of a building that exceeds the maximum transition height shall be considered a tower and subject to the provisions of paragraph (d) of this Section.

Tower regulations Any portion of a building that exceeds the maximum transition height shall be subject to the following tower provisions: The maximum width of any story of a tower that faces a shoreline shall not exceed 100 feet. Such width shall be measured by inscribing within a rectangle the outermost walls at the level of each tower story. Any side of such rectangle from which perpendicular lines may be drawn to a shoreline, regardless of any intervening structures, properties or streets, shall not exceed 100 feet. However, such limitation may be modified as follows: where a tower faces two or more shorelines, such restriction shall apply only to one face, and the maximum length along other frontages shall not exceed 130 feet frontage (See illustration); where the average depth of a zoning lot is less than 200 feet, the maximum width of a story shall not exceed 130 feet. for residential stories within a tower, the following shall apply: the tower footprint shall not exceed a gross area of 10,000 square feet, except that where the overall height of a tower exceeds two-thirds of the overall maximum permitted height set forth in the table, a portion of tower stories equivalent to at least one-third of the height of the building, excluding any penthouse provided as a permitted obstruction, shall have a footprint that does not exceed 8,500 square feet. Dormers need not be included in the calculation of such maximum gross area; and where two or more towers are provided on a zoning lot, there shall be at least 50 feet in difference in height between any two immediately adjacent towers.

The maximum width of any story of a tower that faces a shoreline shall not exceed 100 feet. Such width shall be measured by inscribing within a rectangle the outermost walls at the level of each tower story. Any side of such rectangle from which perpendicular lines may be drawn to a shoreline, regardless of any intervening structures, properties or streets, shall not exceed 100 feet. However, such limitation may be modified as follows: where a tower faces two or more shorelines, such restriction shall apply only to one face, and the maximum length along other frontages shall not exceed 130 feet frontage (See illustration); where the average depth of a zoning lot is less than 200 feet, the maximum width of a story shall not exceed 130 feet.

where a tower faces two or more shorelines, such restriction shall apply only to one face, and the maximum length along other frontages shall not exceed 130 feet frontage (See illustration);

where the average depth of a zoning lot is less than 200 feet, the maximum width of a story shall not exceed 130 feet.

for residential stories within a tower, the following shall apply: the tower footprint shall not exceed a gross area of 10,000 square feet, except that where the overall height of a tower exceeds two-thirds of the overall maximum permitted height set forth in the table, a portion of tower stories equivalent to at least one-third of the height of the building, excluding any penthouse provided as a permitted obstruction, shall have a footprint that does not exceed 8,500 square feet. Dormers need not be included in the calculation of such maximum gross area; and where two or more towers are provided on a zoning lot, there shall be at least 50 feet in difference in height between any two immediately adjacent towers.

the tower footprint shall not exceed a gross area of 10,000 square feet, except that where the overall height of a tower exceeds two-thirds of the overall maximum permitted height set forth in the table, a portion of tower stories equivalent to at least one-third of the height of the building, excluding any penthouse provided as a permitted obstruction, shall have a footprint that does not exceed 8,500 square feet. Dormers need not be included in the calculation of such maximum gross area; and

where two or more towers are provided on a zoning lot, there shall be at least 50 feet in difference in height between any two immediately adjacent towers.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 62-343?

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