NYC Zoning Resolution

§ 127-236 — Certification to modify maximum height of building or other structure

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

What is NYC ZR § 127-236?

Quick Answer

This section outlines the process for modifying height restrictions for buildings or structures near airports, requiring certification from the City Planning Commission. It mandates submission of site plans, verification from the FAA and Port Authority, and compliance with specific height limits. Applies to property owners seeking height modifications related to airport proximity.

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

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§ 127-236 Certification to modify maximum height of building or other structure

ZR § 127-236

The special permit provisions of Section 73-66 (Height Regulations Around Airports) shall not apply. In lieu thereof, the height restrictions of Sections 61-21 (Restriction on Highest Projection of Building or Structure) or 61-22 (Permitted Projection within any Flight Obstruction Area), may be modified where the Chairperson of the City Planning Commission has certified to the Department of Buildings that the provisions of this Section have been met. An application for such certification shall include:

(a)a site plan and elevations, showing the proposed building or other structure in relation to the underlying maximum height limits;

(b)separate verification letters from the Federal Aviation Administration and the Port Authority of New York and New Jersey that such building or other structure, including the location of temporary structures such as construction cranes, will not constitute a danger to the safety of air passengers or disrupt established airways or runway operations, respectively; and

(c)materials sufficient to demonstrate that the modified height of a building or other structure does not exceed 200 feet above mean sea level within Subdistrict A, and 245 feet above mean sea level within Subdistrict B.

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