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What is NYC ZR § 128-35?

Quick Answer

This section outlines the tower provisions applicable to zoning lots in C4-2 Districts with a minimum area of 10,000 square feet. It specifies regulations regarding maximum footprint, height, and orientation of towers, as well as integration with base buildings and exclusion areas. Applies to building owners developing in C4-2 Districts.

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

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§ 128-35 Towers

ZR § 128-35

In C4-2 Districts, tower provisions of this Section shall apply, as an option, to any zoning lot with a lot area of at least 10,000 square feet. Any portion of a building developed or enlarged on such zoning lots that exceeds the applicable maximum base height shall comply with the following:

Maximum footprintEach story located entirely above the maximum base height shall not exceed a gross area of 10,000 square feet. The outermost walls of each such story shall be inscribed within a rectangle, and the maximum length of any side of such rectangle shall be 135 feet.

Tower top articulationThe highest three stories shall have a lot coverage of at least 50 percent of the story located directly below such stories, provided that the gross area of any such story does not exceed 90 percent of the gross area of that story located directly below such stories.

Orientation of all towersThe maximum length of the outermost walls of any side of each story of a tower facing the shoreline shall not exceed 80 feet. For the purposes of this Section, the street line of St. Marks Place shall be considered to be a line parallel to the shoreline, and any side of such rectangle facing St. Marks Place from which lines perpendicular to the street line of St Marks Place may be drawn, regardless of intervening structures, properties or streets, shall not exceed 80 feet.

Location of all towersAny portion of a tower shall be no closer to a side lot line than eight feet, and any story of a building that is entirely above a height of 70 feet shall be located within 25 feet of a street line or sidewalk widening line, where applicable.

Maximum tower heightThe maximum height of any building utilizing the tower provisions of this Section shall be 200 feet. The height of the tower portion of the building shall be measured from the base plane.

Tower and base integrationThe underlying setback provisions may be modified as follows: up to 50 percent of the street wall of the tower portion of the building need not be set back from the street wall of the building, and may rise without setback from grade, provided such portion of the building is set back at least 10 feet from a wide street line or sidewalk widening line, where applicable, and at least 15 feet from a narrow street line or sidewalk widening line, where applicable. On frontages where such allowance is taken, no dormers shall be permitted.

Tower exclusion areasNo towers shall be permitted within the areas designated on Map 4 (Tower Restriction Areas) in the Appendix to this Chapter.

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