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What is NYC ZR § 136-313?

Quick Answer

This section establishes minimum and maximum base height requirements for residential, mixed, and commercial buildings within Subdistrict A, superseding Section 136-22. It outlines specific height and setback regulations based on proximity to streets and other conditions. Applies to building owners within Subdistrict A.

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

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§ 136-313 Minimum and maximum base height

ZR § 136-313

Within Subdistrict A, the provisions of Section 136-22 (Minimum and Maximum Base Height) shall not apply. In lieu thereof, for residential buildings, mixed buildings and commercial buildings, the provisions of this Section shall apply. The street wall height and setback regulations of the underlying district shall apply except as modified in this Section.

(a)The minimum and maximum heights before setback of a street wall required pursuant to Section 136-21 (Street Wall Location), shall be as set forth in the following table:

Condition

Minimum Base Height (feet)

Maximum Base Height (feet)

Minimum Setback Depth (feet)

Fronting on, or within 100 feet of, a street, other than a private street or publicly accessible open space

401

65

10

Fronting on a private street or a publicly accessible open space and beyond 100 feet of a street that is not a private street or publicly accessible open space

85

7

Fronting on Redfern Avenue

301

452

1 Within 300 feet of Mott Avenue, the minimum base height shall be 20 feet

2 The maximum base height for the portion of a building subject to the 65 foot or six story maximum height provisions of Section 136-314 shall be 65 feet

(b)Dormers A dormer shall be allowed as a permitted obstruction pursuant to paragraph (b)(1) of Section 23-413 (Permitted obstructions in certain districts), except as follows:

(1)Within 75 feet of intersecting streets, dormers shall be permitted without limitation on width.

(2)Where dormers are provided pursuant to paragraph (b)(1) of this Section, and such dormers exceed the maximum width permitted pursuant to paragraph (b)(1)(i) of Section 23-413, for any portion of a building with an aggregate width of street walls greater than 75 feet, a setback shall be provided above the maximum base height between such dormer and any other dormer for a width of at least 20 feet, or the remaining width of such street wall, as applicable.

(3)Beyond 75 feet of intersecting streets, the provisions of paragraph (b)(1) of Section 23-413 shall apply. The width of any dormers provided pursuant to the provisions of paragraph (b)(1) of this Section shall be included in the aggregate width of all dormers.

However, the provisions of this paragraph (b) shall not apply to portions of buildings with frontage on Redfern Avenue, except that these provisions shall apply to portions of buildings with frontage on both Redfern Avenue and Mott Avenue.

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