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What is NYC ZR § 62-365?

Quick Answer

This section establishes special bulk regulations for zoning lots adjacent to public parks, specifically addressing building setbacks, wall or fence requirements, and height restrictions. The Department of Buildings enforces these regulations. Applies to property owners with lots bordering public parks.

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

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§ 62-365 Special bulk regulations for zoning lots adjacent to public parks

ZR § 62-365

On Parcel 12b within Waterfront Access Plan BK-1 in Section 62-931, any lot line that coincides with the boundary of a public park shall be considered to be a street line of a wide street for the purposes of applying all bulk regulations of this Resolution, except that the provisions of paragraphs (g) and (h) of Section 62-363 (Special height and setback regulations) shall not apply.

In lieu thereof, the street wall of any building fronting on a lot line that coincides with the boundary of a public park shall be located at least eight feet from such lot line, except that any portion of a building containing a legally required window shall be located at least 28 feet from such lot line. No balconies shall be permitted on any street wall of such building facing a public park.

In addition, a wall, or if a wall is prohibited by the New York City Building Code, a fence, shall be provided along the lot line that coincides with the boundary of a public park. Such wall or fence shall be a minimum of six feet in height, except that any portion of such wall or fence facing a ground floor level commercial use in a building shall be a minimum of 10 feet in height. However, if the Commissioner of Buildings determines that such wall or fence located in a Residence District is subject to the provisions of Building Code Section 3112.1, exceptions (2) or (3), such wall or fence shall be a minimum of eight feet in height along the boundary of a public park.

At least 90 percent of the width of the street wall of a building or buildings fronting on Kent Street shall be located within eight feet of the street line and extend to a minimum height of 30 feet.

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