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What is NYC ZR § 93-42?

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This section outlines height and setback regulations for buildings in various subdistricts of Hell’s Kitchen, specifying maximum base heights, required setbacks, and tower lot coverage. The regulations are modified based on specific subareas and types of use, affecting building owners in these designated zones.

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

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§ 93-42 Height and Setback in Subdistricts A, B, C, D, E, F and G

ZR § 93-42

In Subareas D4 and D5 of the Hell’s Kitchen Subdistrict D, the underlying height and setback regulations shall apply as set forth in Section 93-542, as modified by Section 93-41 (Rooftop Regulations).

In Subdistricts A, B and C, Subareas D1, D2 and D3 of the Hell’s Kitchen Subdistrict D, and Subdistrict E, the underlying height and setback regulations shall not apply. In lieu thereof, the provisions of Section 93-41 and paragraphs (a) through (d) of this Section shall apply. These regulations are further modified in certain locations as set forth in Section 93-50 (SPECIAL HEIGHT,SETBACK AND YARD REGULATIONS). The height of all buildings or other structures shall be measured from curb level.

In Subdistrict F, the underlying height and setback regulations shall not apply. In lieu thereof, the provisions of Section 93-41 and Section 93-56 (Special Height and Setback Regulations in Subdistrict F) shall apply.

In Subdistrict G, the underlying height and setback regulations and paragraphs (b) through (d) of this Section shall not apply. In lieu thereof, Section 93-57 (Special Height and Setback Regulations in Subdistrict G) shall apply.

(a)Maximum base heightsThe maximum height of a building or other structure before setback shall be 150 feet along a wide street and along a narrow street within 100 feet of its intersection with a wide street, and 90 feet along a narrow street beyond 100 feet of its intersection with a wide street. For corner lots with wide street frontage and more than 100 feet of narrow street frontage, the maximum building height before setback along the narrow street may, as an alternative, be the weighted average of 150 feet for the first 100 feet from the corner, and 90 feet for the remainder of the narrow street frontage. Such allowable maximum heights before required setbacks are hereinafter referred to as “maximum base heights.”

(b)Required setbacksFor buildings that contain only residential use above the applicable maximum base height, the required minimum setback for portions of such buildings that exceed such maximum base height shall be 10 feet from a wide street and 15 feet from a narrow street.For buildings or other structures that contain commercial or community facility use above the applicable maximum base height, the required minimum setback for portions of buildings or other structures that exceed such maximum base height shall be 15 feet from a wide street and 20 feet from a narrow street.

(c)Tower lot coverage The portion of any building or buildings located above a height of 150 feet are hereinafter referred to as “towers.”

(1)Towers containing residences shall occupy, in the aggregate, a minimum of 30 percent of the lot area of the zoning lot, except that this requirement shall not apply to the highest 40 feet of such tower or towers. Furthermore, towers containing residences shall occupy not more than 40 percent of the lot area of the zoning lot or, for zoning lots less than 20,000 square feet, the percentage set forth in the following table:

LOT COVERAGE OF TOWERS ON SMALL ZONING LOTS

Area of Zoning Lot (in square feet)

Maximum Percentage of Lot Coverage

10,500 or less

50

10,501 to 11,500

49

11,501 to 12,500

48

12,501 to 13,500

47

13,501 to 14,500

46

14,501 to 15,500

45

15,501 to 16,500

44

16,501 to 17,500

43

17,501 to 18,500

42

18,501 to 19,999

41

(2)Towers that contain only commercial or community facility use, or a combination thereof, shall occupy not more than 60 percent of the lot area of the zoning lot or, for zoning lots less than 30,000 square feet, the percentage set forth in the following table:

20,500 or less

70

20,501 to 21,500

69

21,501 to 22,500

68

22,501 to 23,500

67

23,501 to 24,500

66

24,501 to 25,500

65

25,501 to 26,500

64

26,501 to 27,500

63

27,501 to 28,500

62

28,501 to 29,999

61

(d)Length of building wall The maximum length of any story located above a height of 500 feet shall not exceed 250 feet. Such length shall be measured by inscribing within a rectangle the outermost walls at the level of each story entirely above a height of 500 feet. No side of such rectangle shall exceed a width of 250 feet.

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