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What is NYC ZR § 131-421?

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This section establishes regulations for building street wall locations, base heights, and tower provisions along the south side of Surf Avenue. It includes requirements for sidewalk widening, setbacks, and maximum heights for towers. Applies to property owners and developers in the Coney East Subdistrict.

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

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§ 131-421 Coney East Subdistrict, south side of Surf Avenue

ZR § 131-421

The following regulations shall apply along the south side of Surf Avenue and along those portions of streets intersecting Surf Avenue located north of a line drawn 50 feet north of and parallel to the northern street line of Bowery and its westerly prolongation.

(a)Street wall locationThe street wall of a building shall be located within five feet of the street line and extend along the entire frontage of the zoning lot, except that:

(1)a sidewalk widening shall be required at the intersection of Surf Avenue and West 10th Street, extending from a point on the Surf Avenue street line 125 feet west of West 10th Street to a point on the West 10th Street street line 20 feet south of Surf Avenue. Such area shall be improved as a sidewalk to Department of Transportation standards, be at the same level as the adjoining sidewalks, and be accessible to the public at all times. Such sidewalk widening line shall be considered a street line for the purposes of applying the use and height and setback regulations of this Chapter;

(2)to allow for corner articulation, the street wall may be located anywhere within an area bounded by intersecting street lines and lines 15 feet from and parallel to such street lines ; and

(3)to allow for portions of towers to rise without setback from grade, a portion of a building base below a tower may be set back 10 feet from the street line, provided the width of such setback area is not greater than 40 percent of the width of the street wall of the tower, and provided such setback area complies with the provisions of Section 131-47 (Design Requirements for Ground Level Setbacks).

(b)Building base

(c)Transition heightAll portions of a building that exceed the applicable maximum base height specified in paragraph (b) of this Section shall be set back from the street line at least 20 feet except that, where towers are provided, the minimum setback depth from the street line shall be 10 feet.

(d)TowersAll stories of a building located partially or wholly above a height of 65 feet shall be considered a “tower” and shall comply with the provisions of this paragraph (d).

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