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What is NYC ZR § 139-23?

Quick Answer

This section modifies height and setback regulations for buildings in Commercial, Mixed Use, and Manufacturing Districts. It specifies that certain underlying regulations do not apply and sets new minimum and maximum heights. Applies to building owners in various zoning districts seeking to understand specific height and setback requirements.

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

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§ 139-23 Special Height and Setback Regulations

ZR § 139-23

The height and setback regulations of the applicable underlying districts are modified as follows:

(a)In Commercial Districts, the height and setback regulations of Section 35-60 (MODIFICATION OF HEIGHT AND SETBACK REGULATIONS) shall apply to all buildings, as modified by the provisions of this Section, inclusive.

(b)In Mixed Use Districts, the height and setback regulations of Section 123-60 (SPECIAL BULK REGULATIONS) shall apply, as modified by the provisions of this Section, inclusive.

(c)In Manufacturing Districts, the underlying height and setback regulations of Sections 43-43 (Maximum Height of Front Wall and Required Front Setbacks), 43-44 (Alternate Front Setbacks), and 43-45 (Tower Regulations) shall not apply. In lieu thereof, minimum and maximum base heights and maximum heights for buildings or other structures shall be as set forth in this Section, inclusive. The other underlying regulations of Article IV, Chapter 3 (Bulk Regulations) shall apply, as modified by the provisions of this Section, inclusive.

(d)The special bulk regulations applicable in the waterfront area of Section 62-30 (SPECIAL BULK REGULATIONS) shall not apply. In lieu thereof, the height and setback regulations of this Section, inclusive, shall control.

The height of all buildings or other structures shall be measured from the base plane.

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