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

What is NYC ZR § 117-342?

Quick Answer

This section outlines the maximum base heights, required minimum setbacks, and street wall articulation for developments in Residence and M1 Districts paired with Residence Districts. It specifies height limits and setback requirements for various locations, impacting developers and property operators in these 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 →

§ 117-342 Base heights, minimum setbacks and articulation

ZR § 117-342

In Residence Districts and in M1 Districts paired with Residence Districts, the maximum base heights, required minimum setback and required street wall articulation shall be as follows:

The maximum base height before a required setback shall be: 85 feet in the following locations: along the shore public walkways located along Anable Basin; and along the portion of 44th Avenue that is beyond 100 feet of both Vernon Boulevard and 5th Street; 125 feet in the following locations: within 100 feet of the street line along the portion of Vernon Boulevard that is located north of 45th Avenue; within 100 feet of the street line along the portion of 44th Drive that is beyond 100 feet from the easterly street line of 5th Street; and along the remaining northerly portion of 44th Avenue; and 105 feet along all other streets, or portions thereof.

85 feet in the following locations: along the shore public walkways located along Anable Basin; and along the portion of 44th Avenue that is beyond 100 feet of both Vernon Boulevard and 5th Street;

along the shore public walkways located along Anable Basin; and

along the portion of 44th Avenue that is beyond 100 feet of both Vernon Boulevard and 5th Street;

125 feet in the following locations: within 100 feet of the street line along the portion of Vernon Boulevard that is located north of 45th Avenue; within 100 feet of the street line along the portion of 44th Drive that is beyond 100 feet from the easterly street line of 5th Street; and along the remaining northerly portion of 44th Avenue; and

within 100 feet of the street line along the portion of Vernon Boulevard that is located north of 45th Avenue;

within 100 feet of the street line along the portion of 44th Drive that is beyond 100 feet from the easterly street line of 5th Street; and

along the remaining northerly portion of 44th Avenue; and

105 feet along all other streets, or portions thereof.

At a height not lower than the minimum base height or higher than the maximum base height, setbacks shall be provided in accordance with the provisions of Section 23-433 (Standard setback regulations), except that: along a shore public walkway, a setback of 30 feet shall be required, as measured from the upland boundary of the shore public walkway; no setback need be provided along the visual corridor located at the prolongation of 45th Avenue; for the purposes of applying such setback regulations, the following may be considered wide streets: portions of streets adjoining public parks; upland connections or visual corridors at the prolongation of streets on blocks surrounding Anable Basin; other upland connections or visual corridors along the northerly side of Anable Basin; and along the portion of 5th Street south of Anable Basin that adjoins a waterfront block. Dormers provided in accordance with paragraph (b) of Section 23-413 (Permitted obstructions in certain districts) shall be permitted within any setback area, provided that the depth of encroachment of a dormer facing the shore public walkway shall not exceed 15 feet.

along a shore public walkway, a setback of 30 feet shall be required, as measured from the upland boundary of the shore public walkway;

no setback need be provided along the visual corridor located at the prolongation of 45th Avenue;

for the purposes of applying such setback regulations, the following may be considered wide streets: portions of streets adjoining public parks; upland connections or visual corridors at the prolongation of streets on blocks surrounding Anable Basin; other upland connections or visual corridors along the northerly side of Anable Basin; and along the portion of 5th Street south of Anable Basin that adjoins a waterfront block. Dormers provided in accordance with paragraph (b) of Section 23-413 (Permitted obstructions in certain districts) shall be permitted within any setback area, provided that the depth of encroachment of a dormer facing the shore public walkway shall not exceed 15 feet.

portions of streets adjoining public parks;

upland connections or visual corridors at the prolongation of streets on blocks surrounding Anable Basin;

other upland connections or visual corridors along the northerly side of Anable Basin; and

along the portion of 5th Street south of Anable Basin that adjoins a waterfront block. Dormers provided in accordance with paragraph (b) of Section 23-413 (Permitted obstructions in certain districts) shall be permitted within any setback area, provided that the depth of encroachment of a dormer facing the shore public walkway shall not exceed 15 feet.

Street wall articulation shall be provided as follows: For developments where the street wall width facing shore public walkways along Anable Basin exceeds 150 feet, a minimum of 20 percent of the surface area of such street walls, as measured above the level of adjoining grade, shall either recess or project a minimum of three feet from the remaining surface of the street wall. Along the following frontages, for developments where the street wall width exceeds 150 feet, a minimum of 20 percent of the surface area of such street walls above the level of the second story, or a height of 30 feet, whichever is lower, shall either recess or project a minimum of three feet from the remaining surface of the street wall: 46th Avenue; the southerly side of 45th Avenue; 44th Drive and the upland connection or visual corridor at the prolongation of 44th Drive; and the portion of 44th Avenue located east of 5th Street.

For developments where the street wall width facing shore public walkways along Anable Basin exceeds 150 feet, a minimum of 20 percent of the surface area of such street walls, as measured above the level of adjoining grade, shall either recess or project a minimum of three feet from the remaining surface of the street wall.

Along the following frontages, for developments where the street wall width exceeds 150 feet, a minimum of 20 percent of the surface area of such street walls above the level of the second story, or a height of 30 feet, whichever is lower, shall either recess or project a minimum of three feet from the remaining surface of the street wall: 46th Avenue; the southerly side of 45th Avenue; 44th Drive and the upland connection or visual corridor at the prolongation of 44th Drive; and the portion of 44th Avenue located east of 5th Street.

46th Avenue;

the southerly side of 45th Avenue;

44th Drive and the upland connection or visual corridor at the prolongation of 44th Drive; and

the portion of 44th Avenue located east of 5th Street.

After the required setback, the following shall apply: in M1 Districts paired with a Residence District with a letter suffix, after the required setback, the maximum height limits set forth in paragraph (a) of Section 123-652 (Special base and building heights) shall apply; and in Residence Districts without a letter suffix, and in M1 Districts paired with Residence Districts without a letter suffix, after the required setback, a building may rise to the maximum transition height, in accordance with Section 117-343 (Transition heights), and may provide towers in accordance with Section 117-344 (Towers).

in M1 Districts paired with a Residence District with a letter suffix, after the required setback, the maximum height limits set forth in paragraph (a) of Section 123-652 (Special base and building heights) shall apply; and

in Residence Districts without a letter suffix, and in M1 Districts paired with Residence Districts without a letter suffix, after the required setback, a building may rise to the maximum transition height, in accordance with Section 117-343 (Transition heights), and may provide towers in accordance with Section 117-344 (Towers).

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 117-342?

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