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

What is NYC ZR § 139-234?

Quick Answer

This section modifies underlying district regulations in Subdistrict B, establishing specific street wall location, minimum and maximum base heights, and setback requirements for buildings in Manufacturing and Mixed Use Districts. It applies to property owners and developers within these districts who must adhere to the specified height regulations.

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

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 139-234 Special height and setback regulations in Subdistrict B

ZR § 139-234

In Subdistrict B, the underlying district regulations shall be modified by the provisions of this Section.

Street wall location In Manufacturing Districts, 30 percent of the street wall shall be located within eight feet of the street line and shall extend to at least the minimum base height specified in paragraph (b) of this Section, or the height of the building, whichever is lower. In Mixed Use Districts, the street wall location provisions of paragraph (a) of Section 123-651 shall apply, except that the street wall shall extend to at least the minimum base height specified in paragraph (b) of this Section.

Minimum and maximum base heights In all districts, street walls shall rise without setback to a minimum base height set forth in this paragraph (b) or the height of the building, whichever is less, and may rise to a maximum base height as set forth in this paragraph (b). In Manufacturing Districts, minimum and maximum base heights and maximum heights of buildings or other structures shall be as set forth in Table 1 below. In Mixed Use Districts, such regulations shall be as set forth in Table 2. Table 1 MINIMUM BASE HEIGHT, MAXIMUM BASE HEIGHT, AND MAXIMUM BUILDING HEIGHT – FOR M1-4 DISTRICTS (in feet) Minimum base height Maximum base height Maximum building height in Subarea B1 15 95 115 in Subarea B2 15 65 85 Table 2 MINIMUM BASE HEIGHT, MAXIMUM BASE HEIGHT, AND MAXIMUM BUILDING HEIGHT – FOR MIXED USE DISTRICTS (in feet) Minimum base height Maximum base height Maximum building height M1-4/R6B 30 45 55 M1-4/R6A 40 65 85 M1-4/R7A 40 75 95 M1-4/R7X 60 105 145 For zoning lots with a lot area greater than or equal to 20,000 square feet, and located in a Manufacturing District, a building containing non-residential uses may exceed the maximum building heights established in Table 1 by 30 feet. For zoning lots adjoining the portion of Degraw Street located between Nevins Street and Third Avenue, the heights listed in Table 2 are modified so that within 100 feet of Degraw Street, the maximum base height is 95 feet, and the maximum building height is 125 feet.

Table 1

MINIMUM BASE HEIGHT, MAXIMUM BASE HEIGHT, AND MAXIMUM BUILDING HEIGHT – FOR M1-4 DISTRICTS (in feet)

Minimum base height

Maximum base height

Maximum building height

in Subarea B1

15

95

115

in Subarea B2

65

85

Table 2

MINIMUM BASE HEIGHT, MAXIMUM BASE HEIGHT, AND MAXIMUM BUILDING HEIGHT – FOR MIXED USE DISTRICTS (in feet)

M1-4/R6B

30

45

55

M1-4/R6A

40

M1-4/R7A

75

M1-4/R7X

60

105

145

Setback requirements At a height not lower than the minimum base height or higher than the maximum base height, a setback shall be provided which complies with the requirements of Section 23-433 (Standard setback regulations).

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 139-234?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters