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What is NYC ZR § 77-29?

Quick Answer

This section outlines the regulations for towers on zoning lots that are partially located within specific zoning districts. It details the conditions under which a tower may occupy a zoning lot, including compliance with setback requirements and maximum area limitations. Applies to building owners developing properties within mixed zoning districts.

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

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§ 77-29 Tower Regulations

ZR § 77-29

If 50 percent or more of a zoning lot is located within a district to which the provisions of Sections 23-435, 23-737, 24-54, 33-45 or 43-45 (Tower Regulations) apply, and the remaining portion of the zoning lot is within a district to which such provisions do not apply, a tower, which, in the aggregate, occupies not more than the percentage of the lot area permitted for the particular district in which the tower is permitted, may be applied to the lot area of the entire zoning lot. Such tower may penetrate any applicable established sky exposure plane, or maximum base height, as applicable, provided that such tower shall comply with the applicable setback requirements or restrictions on aggregate area that may be occupied.

If 50 percent or more of a zoning lot is located in a district in which the provisions of Sections 33-455 (Alternate regulations for towers on lots bounded by two or more streets), 33-456 (Alternate setback regulations on lots bounded by two or more streets) or 33-457 (Tower setbacks on narrow blocks) apply, and the remaining portion of the zoning lot is within a district in which such provisions do not apply, any building or any tower that occupies not more than the applicable percent of the lot area of a zoning lot as set forth in Section 33-455 or 33-456 and which complies with the applicable setback requirements as set forth in Sections 33-455, 33-456 or 33-457, may penetrate any applicable established sky exposure plane.

Subject to the requirements set forth hereinbefore and those specified in Sections 77-22 (Floor Area Ratio) and 77-23 (Open Space Ratio), such tower may be located anywhere on such zoning lot.

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