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What is NYC ZR § 116-623?

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This section outlines height and setback regulations for buildings located on waterfront blocks, modifying existing provisions for setbacks along shore public walkways and establishing maximum building heights and tower sizes. The Department of Buildings enforces these regulations, which apply to building owners in designated waterfront areas.

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

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§ 116-623 Height and setback regulations

ZR § 116-623

The provisions of Section 62-34 (Height and Setback Regulations on Waterfront Blocks) shall apply, except as modified in this Section.

Required setback along a shore public walkwayThe provisions of paragraph (b)(2) or (c)(1) of Section 62-343 (Height and setback regulations in other medium- and high-density districts) shall be modified for buildings located on portions of a zoning lot where the distance between the edge of the stabilized shore and a landward zoning lot line is less than 150 feet. The depth of a required setback from the boundary of a shore public walkway may be reduced to five feet, provided that at least 40 percent of the width of each story required to be set back above the minimum base height is set back no less than 10 feet from the boundary of the shore public walkway.

Measurement of heightThe provisions of paragraph (b) of Section 62-34 shall apply, except for the purpose of this Section, base plane shall refer to an elevation of 16.8 feet above Richmond Datum.

Permitted obstructionsThe provisions of paragraph (c) of Section 62-34 shall apply, except that the penthouse provisions shall be superseded by paragraph (e) of this Section.

Maximum base heightThe maximum base height provisions of paragraph (a) of Section 62-343 shall apply, except a building or other structure, or a portion thereof, located within an initial setback distance, shall rise to a height of at least 25 feet or two stories, whichever is less, and may not exceed a maximum base height of 55 feet or five stories, whichever is less.

Maximum building height and tower sizeThe maximum residential tower size provisions of paragraph (d) of Section 62-343 shall not apply. For the purposes of this paragraph (e), any portion of a building that exceeds a height of 55 feet or five stories, whichever is less, shall be considered a tower. Buildings with tower portions fronting on Edgewater Street shall not exceed a height of 120 feet above the base plane, and the height of any other building with tower portions shall not exceed a height of 110 feet above the base plane. Each story within a tower portion of a building shall not exceed a gross area of 10,000 square feet up to a height of 90 feet or nine stories, whichever is less, and each story above a height of 90 feet, shall not exceed 90 percent of the gross area of that story directly below 90 feet. All stories within the tower portions of buildings shall be bounded on all sides by open areas on the zoning lot. For zoning lots with three or more buildings, no more than two buildings# shall contain towers.

Street wall articulation facing shore public walkwaysThe provisions of paragraph (d)(1) of Section 62-343 shall apply. In addition, for portions of buildings fronting on a shore public walkway with an aggregate width of street wall greater than 200 feet, such street walls shall provide a recess at least five feet deep and 55 feet wide, unobstructed from the lowest level of the building to the sky. In no event shall a street wall extend along a shore public walkway for a distance greater than 130 feet without providing such a recess. Furthermore, above the height of the second story, such street walls shall provide at least one additional recess with a minimum depth of five feet and a minimum width or, where applicable, an aggregate width, of at least 40 feet.

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