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

What is NYC ZR § 96-103?

Quick Answer

This section outlines height and setback regulations for zoning lots based on their street frontage. It specifies measurement criteria from curb level and allows for modifications by the City Planning Commission under certain conditions. Applies to building owners in R7A and R8B Districts regarding building height and development regulations.

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 →

§ 96-103 Height and setback regulations

ZR § 96-103

The underlying height and setback regulations shall apply, except as modified in this Section, inclusive. All height shall be measured from curb level.

Street wall location For zoning lots with wide street frontage, the street wall provisions of paragraph (a) of Section 35-631 shall apply. For zoning lots with narrow street frontage, the street wall provisions of paragraph (a) of Section 23-431 shall apply and extend along the entire narrow street frontage of the zoning lot.

Building height Within 100 feet of a wide street, the underlying height and setback regulations applicable to an R7A District shall apply. Beyond 100 feet of a wide street the underlying height and setback regulations applicable to an R8B District shall apply, except that the maximum base height set forth in Section 23-432 (Height and setback requirements) shall be modified to be 66 feet.

The City Planning Commission, by special permit, may modify the special height and setback regulations set forth in this Section. In order to grant such special permit, the Commission shall find that the distribution of bulk permits adequate access of light and air to surrounding streets and properties and that the maximum height does not exceed 99 feet beyond 100 feet of a wide street, and 115 feet within 100 feet of a wide street. In conjunction with such height and setback modifications, the Commission may allow modifications to other applicable bulk regulations of this Resolution. except floor area ratio regulations, for a building developed or enlarged using public funding, as defined in Section 27-111 (General definitions), to support residences with rents restricted pursuant to a regulatory agreement with a City, State, or Federal agency, provided that such building is located on a zoning lot that has an area of at least 40,000 square feet, occupies the frontage of a wide street, and contains a mass transit or water supply support facility. In order to grant such special permit, the Commission shall find that: there are physical conditions, including the presence of existing buildings or other structures, public infrastructure, or topographical features, that create practical difficulties in complying with the bulk regulations that would adversely affect the building configuration or site plan; the proposed modifications will not unduly obstruct access to light and air to adjoining properties or streets; the proposed scale and placement of the development or enlargement relates harmoniously with the surrounding area; and the requested modification is reasonable in relation to the practical difficulties on the site or the public benefit derived from the development or enlargement.

there are physical conditions, including the presence of existing buildings or other structures, public infrastructure, or topographical features, that create practical difficulties in complying with the bulk regulations that would adversely affect the building configuration or site plan;

the proposed modifications will not unduly obstruct access to light and air to adjoining properties or streets;

the proposed scale and placement of the development or enlargement relates harmoniously with the surrounding area; and

the requested modification is reasonable in relation to the practical difficulties on the site or the public benefit derived from the development or enlargement.

The Commission may prescribe appropriate conditions and safeguards to protect and minimize any adverse effects on the character of the surrounding area.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 96-103?

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