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What is NYC ZR § 64-613?

Quick Answer

This section establishes maximum height regulations for altered, enlarged, relocated, or reconstructed buildings with non-conforming uses. It specifies height limits based on district regulations, particularly for non-conforming residences in C8 or Manufacturing Districts. Applies to building owners of non-conforming properties in specified districts.

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

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§ 64-613 Special height regulations for buildings with non-conforming uses

ZR § 64-613

The maximum height of such altered, enlarged, relocated or reconstructed building with non-conforming uses, shall not exceed the maximum height permitted by the applicable district regulations, except that for non-conforming residences in C8 Districts or Manufacturing Districts, the maximum height of such altered, enlarged, relocated or reconstructed building, shall comply with one of the following options:

(a)for single or two-family residences, a horizontal plane equivalent to a height of 35 feet, and for buildings other than single- or two-family residences, the applicable sky exposure plane for the district; or

(b)for all residences a horizontal plane equivalent to the pre-existing height of such building, as measured from the top of the lowest usable floor, to the highest point of such pre-existing building, as measured from the reference plane.

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