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

What is NYC ZR § 84-135?

Quick Answer

This section establishes height limitations for buildings, generally capping them at 85 feet above curb level, with exceptions for specific mandatory front building wall lines and special height locations. The City Planning Commission may authorize increases in height under certain conditions. Applies to building owners and developers in designated zoning areas.

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 →

§ 84-135 Limited height of buildings

ZR § 84-135

For the purposes of this Section, the term “buildings” shall include buildings or other structures. No portion of any building may be built to a height greater than 85 feet above curb level, except that:

(a)any portion of a building required to have an exterior wall coincident with a 110–135 foot mandatory front building wall line, as provided in Section 84-132 (Mandatory front building walls), may be built to a height of up to 135 feet above curb level ;

(b)any portion of a building required to have an exterior wall coincident with a 110–230 foot mandatory front building wall line, as provided in Section 84-132 and subject to the requirements contained in paragraph (f) therein, may be built to a height of up to 230 feet above curb level ;

(c)portions of a building required to have an exterior wall coincident with a 150–250 foot mandatory front building wall line, as provided in Section 84-132, may be built to a height of up to 250 feet above curb level ;

(d)on the portion of any zoning lot designated as a special height location in Appendices 2.2 or 3.2, a building may be built to the height above curb level indicated in Appendices 2.2 or 3.2, subject to the following:

(1)on any building south of First Place and east of Battery Place, with a mandatory front building wall, the area of which, below the level of the second story ceiling, occupies 100 percent of the frontage along its mandatory front building wall line, a height of not more than 450 feet, provided, however, that a setback of not more than 10 feet may be provided at a height of 85 feet or more above curb level;

(2)on zoning lots located north of First Place, south of Third Place, and east of Battery Place, special height locations not to exceed heights of 135 feet or 360 feet above curb level are permitted as indicated in Appendix 2.2, provided that a setback of 10 feet is provided at a height of 85 feet above curb level along any narrow street frontage;

(3)on the zoning lot at the southeast corner of Chambers Street and North End Avenue, the special height location indicated in Appendix 3.2 shall apply only if such zoning lot is occupied by school and residential uses and the portion of the building above a height of 135 feet above curb level does not exceed a lot coverage of 40 percent; and

(4)on the zoning lot at the northeast corner of Murray Street and North End Avenue, a special height location of 320 feet above curb level is permitted as indicated in Appendix 3.2, subject to the requirements contained in Section 84-132, paragraph (f);

(e)Any portion of a building that exceeds an established height limit shall be subject to the following provisions:

(i)the width of such additional enclosure wall at each building face does not exceed 80 percent of the width of the enclosure wall as allowed in paragraph (e)(1) of this Section;

(ii)the additional area of the enclosure wall at each building face is not more than 50 percent of the area permitted as-of-right; and

(iii)the enclosure wall is compatible with the building and the urban design goals of the Special District and complements the design by providing a decorative top; and

(f)in special height locations in Appendices 2.2 and 3.2 of this Chapter, no portion of a building, including permitted obstructions, shall exceed a height of 450 feet above curb level.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 84-135?

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