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What is NYC ZR § 118-23?

Quick Answer

This section establishes height and setback regulations within a Special District, detailing the sky exposure plane requirements and exceptions for certain types of buildings. It specifies conditions under which developments may penetrate the sky exposure plane and outlines alternative provisions for affordable and senior housing. Applies to building owners within the Special District.

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

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§ 118-23 Height and Setback Regulations

ZR § 118-23

A sky exposure plane of 2.5 to 1 shall begin at a height above curb level of 125 feet on all streets within the Special District, except that on a narrow street beyond 100 feet from any street line opposite a public park or from the intersection of such narrow street with a wide street, the sky exposure plane shall begin at a height above curb level of 85 feet. No development or enlargement shall penetrate such sky exposure plane except pursuant to Section 33-45 (Tower Regulations). However, Section 33-45 shall not be applicable to any portion of a building located within 100 feet of a street line opposite a public park. In addition, energy infrastructure equipment and accessory# mechanical equipment shall be permitted obstructions above such height limits, subject to the provisions of Section 33-42 (Permitted Obstructions).

For qualifying affordable housing or qualifying senior housing, the height and setback provisions of Section 35-652 (Maximum height of buildings and setback regulations) may be applied as an alternative as follows:

above a height of 125 feet above curb level or 85 feet on a narrow street beyond 100 feet from any street line opposite a public park or from the intersection of such narrow street, a setback pursuant to the provisions of Section 23-433 (Standard setback regulations) shall apply;

the maximum building height provisions of a C6-3A District shall apply to zoning lots subject to the provisions of paragraph (a) of Section 118-21 (Floor Area Regulations);

the maximum building height provisions of a C6-4A District shall apply to zoning lots subject to the provisions of paragraph (b) of Section 118-21; and

permitted obstructions pursuant to Section 35-61 shall apply.

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