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What is NYC ZR § 139-236?

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This section establishes special height and setback regulations for buildings in Subdistrict D, including minimum and maximum base heights, setback requirements, and tower regulations. The statute specifies conditions for tower location, width, coverage, and height limits across various subareas. Applies to property developers and building owners in Subdistrict D.

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§ 139-236 Special height and setback regulations in Subdistrict D

ZR § 139-236

Street wall location 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. However, no street wall location requirement shall apply to the street walls facing a shore public walkway.

Minimum and maximum base heights For zoning lots in Subareas D1 through D6, street walls shall rise without setback to a minimum base height of 40 feet or the height of the building, whichever is less, and may rise to a maximum base height as set forth in the map in this paragraph (b). However, this requirement shall not apply to the aggregate width of street walls facing a shore public walkway.

Setback requirements At a height not lower than the minimum base height or higher than the maximum base height, setbacks shall be provided with a minimum depth as set forth in the map in this paragraph (c). Such setbacks shall also comply with the provisions of Section 23-433 (Standard setback regulations).

Transition heights Any portion of a building located above the setback required by paragraph (c) of this Section shall be permitted to rise to a maximum “transition height” as set forth in this paragraph (d). Any portion of a building located above the maximum transition height shall be considered a “tower” and shall comply with the provisions of paragraph (e) of this Section. Except as otherwise set forth in the map in this paragraph (d), such maximum transition height shall be 85 feet.

Tower regulations Tower location Any portion of a building located above the maximum transition height set forth in paragraph (d) shall be considered a “tower”. No portion of a tower may be located: in Subarea D4, within 150 feet of Smith Street or within 150 feet of Hoyt Street; in Subarea D5, within 80 feet of Smith Street or within 200 feet of Smith Street north of the mid-block line; or within 30 feet of a waterfront yard. Tower width The street wall of any tower facing a shore public walkway shall not exceed 100 feet in width. Where multiple towers are provided, the combined street wall width of all such towers shall not exceed 130 feet. However, in Subarea D4, where multiple towers are provided, the combined street wall width of all such towers shall not exceed 170 feet. Tower coverage In Subareas D1, D2, and D3, above a height of 175 feet, any tower shall set back such that it occupies a lot coverage no greater than 80 percent of the story located immediately below. In Subareas D5 and D6, the portion of any tower containing the top four stories of such tower shall set back such that it occupies a lot coverage no greater than 80 percent of the story located immediately below. Tower height Except as otherwise specified in this paragraph (e)(4), the maximum height of a tower shall be 225 feet. In Subarea D4, towers shall be permitted to rise to a height of 285 feet. In Subarea D5, towers shall be permitted to rise to a height of 245 feet. In Subarea D6, towers shall be permitted to rise to a height of 305 feet. Regulations for multiple towers In Subareas D1 and D2, no more than two towers shall be permitted on a zoning lot. In Subareas D4 and D5, no more than two towers shall be permitted in each subarea. In Subareas D3 and D6, no more than one tower shall be permitted in the subarea. Wherever two towers are provided on the same zoning lot, there shall be a difference in height between such towers of at least 50 feet. In addition, in Subarea D1, the taller of the two towers shall be located within 100 feet of Third Street.

Tower location Any portion of a building located above the maximum transition height set forth in paragraph (d) shall be considered a “tower”. No portion of a tower may be located: in Subarea D4, within 150 feet of Smith Street or within 150 feet of Hoyt Street; in Subarea D5, within 80 feet of Smith Street or within 200 feet of Smith Street north of the mid-block line; or within 30 feet of a waterfront yard.

in Subarea D4, within 150 feet of Smith Street or within 150 feet of Hoyt Street;

in Subarea D5, within 80 feet of Smith Street or within 200 feet of Smith Street north of the mid-block line; or

within 30 feet of a waterfront yard.

Tower width The street wall of any tower facing a shore public walkway shall not exceed 100 feet in width. Where multiple towers are provided, the combined street wall width of all such towers shall not exceed 130 feet. However, in Subarea D4, where multiple towers are provided, the combined street wall width of all such towers shall not exceed 170 feet.

Tower coverage In Subareas D1, D2, and D3, above a height of 175 feet, any tower shall set back such that it occupies a lot coverage no greater than 80 percent of the story located immediately below. In Subareas D5 and D6, the portion of any tower containing the top four stories of such tower shall set back such that it occupies a lot coverage no greater than 80 percent of the story located immediately below.

Tower height Except as otherwise specified in this paragraph (e)(4), the maximum height of a tower shall be 225 feet. In Subarea D4, towers shall be permitted to rise to a height of 285 feet. In Subarea D5, towers shall be permitted to rise to a height of 245 feet. In Subarea D6, towers shall be permitted to rise to a height of 305 feet.

In Subarea D4, towers shall be permitted to rise to a height of 285 feet.

In Subarea D5, towers shall be permitted to rise to a height of 245 feet.

In Subarea D6, towers shall be permitted to rise to a height of 305 feet.

Regulations for multiple towers In Subareas D1 and D2, no more than two towers shall be permitted on a zoning lot. In Subareas D4 and D5, no more than two towers shall be permitted in each subarea. In Subareas D3 and D6, no more than one tower shall be permitted in the subarea. Wherever two towers are provided on the same zoning lot, there shall be a difference in height between such towers of at least 50 feet. In addition, in Subarea D1, the taller of the two towers shall be located within 100 feet of Third Street.

In Subareas D1 and D2, no more than two towers shall be permitted on a zoning lot.

In Subareas D4 and D5, no more than two towers shall be permitted in each subarea.

In Subareas D3 and D6, no more than one tower shall be permitted in the subarea.

Wherever two towers are provided on the same zoning lot, there shall be a difference in height between such towers of at least 50 feet. In addition, in Subarea D1, the taller of the two towers shall be located within 100 feet of Third Street.

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