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What is NYC ZR § 87-322?

Quick Answer

This section establishes base heights, required setbacks, and maximum transition heights for buildings in the Core Subdistrict, particularly near shore public walkways and the Major Deegan Expressway. The statute outlines specific height limits and setback requirements for various parcels. Applies to building owners in the designated Core Subdistrict areas.

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

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§ 87-322 Base heights and transition heights

ZR § 87-322

In the Core Subdistrict, the following base heights, required setbacks and maximum transition heights shall apply. Towers are permitted above the maximum heights set forth in this Section only in accordance with Section 87-323 (Tower provisions).

(a)Base heights

(1)Within 50 feet of the shore public walkway for street walls fronting on, or within 50 feet of, the shore public walkway, the maximum base height shall be 85 feet, except that:

(i)on Parcels 1, 2, 3 and 4, as shown on Map 1 in the Appendix to this Chapter, for street walls fronting on a shore public walkway, at least 30 percent of the aggregate width of street walls fronting on the shore public walkway, or a contiguous street wall width of 60 feet, whichever is greater, shall not exceed a maximum height of 45 feet. In addition to being applied along the shore public walkway, such lowered street wall may be applied along intersecting streets within 100 feet of the shore public walkway; and

(ii)on Parcels 5 and 6, as shown on Map 1, such maximum base height shall be 45 feet.

(2)Beyond 50 feet of the shore public walkway and beyond 50 feet of the Major Deegan Expressway street line Along all other frontages beyond 50 feet of the shore public walkway and beyond 50 feet of the Major Deegan Expressway street line, the street wall shall rise without setback to a minimum base height of 60 feet, or the height of the building, whichever is less, and may rise to a maximum base height of 105 feet.

(3)Along, and within 50 feet of, the Major Deegan Expressway street line Along, and within 50 feet of, the Major Deegan Expressway street line, the street wall shall rise without setback to a minimum base height of 15 feet, or the height of the building, whichever is less, and may rise to a maximum base height of 105 feet.

(b)Required setbacks Above such maximum base height, street walls shall be set back a minimum of 30 feet from the street line along the shore public walkway on Parcel 1, 15 feet from such street line along the shore public walkway on any other parcels, and a minimum of 10 feet from the street line along all other streets. Such setbacks may be modified pursuant to the provisions of Section 23-433, except that on Parcel 1 along the shore public walkway dormers may not exceed a depth of 15 feet. In addition, on Parcels 1, 2, 3 and 4, in locations where the maximum base height is limited to 45 feet, street walls above such maximum base height shall be set back a minimum of 30 feet from the street line, and a minimum of seven feet from any portion of the street wall below such height.

(c)Maximum transition heights For street walls fronting on, or within 50 feet of, the shore public walkway, street walls above a required setback may rise to a maximum transition height of 125 feet and, along all other frontages, street walls above a required setback may rise to a maximum transition height of 155 feet. Such transition heights may only be exceeded where towers are provided in accordance with the provisions of Section 87-323 (Tower provisions).

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