NYC Zoning Resolution

§ 141-23 — Special Height and Setback Regulations Along the Elevated Rail Structure Outside Subdistrict A

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What is NYC ZR § 141-23?

Quick Answer

This section modifies height and setback regulations for zoning lots within 100 feet of street lines along the elevated rail structure on Jerome or River Avenues, outside Subdistrict A. It outlines specific requirements for street wall location, maximum building heights, and articulation for street walls. Applies to property owners near the elevated rail structure.

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

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§ 141-23 Special Height and Setback Regulations Along the Elevated Rail Structure Outside Subdistrict A

ZR § 141-23

For zoning lots, or portions thereof, within 100 feet of street lines along the elevated rail structure on Jerome or River Avenues, and located outside Subdistrict A, the underlying height and setback provisions are modified by the provisions of this Section.

Street wall locationThe street wall location provisions of paragraph (a)(1) of Section 35-643 (Special provisions in other geographies) shall apply.Any open space between a street wall and a street line along the elevated rail structure on Jerome or River Avenues shall comply with the special open space provisions of paragraph (a) of Section 141-32.

Base heights, maximum building heightsThe underlying height and setback provisions of Section 35-63 (Height and Setback Requirements in Commercial Districts with R6 Through R12 Equivalency), inclusive, shall apply, as modified by the provisions of paragraph (a) of Section 35-643 (Special provisions in other geographies). However, for street walls facing the elevated rail structure, beyond 75 feet of the corner of streets intersecting Jerome or River Avenues, the maximum base height shall be 30 feet.

Required and permitted articulationFor street walls fronting the elevated rail structure on Jerome or River Avenues with widths exceeding 100 feet, a minimum of 20 percent of the surface area of such street walls above the level of the second story, or a height of 30 feet, whichever is lower, shall either recess or project a minimum of three feet from the remaining surface of the street wall. Any such projections shall be considered a permitted obstruction into a required setback, and the depth of such projections along the elevated rail structure shall not exceed three feet.In addition, the underlying dormer provisions of paragraph (b) of Section 23-413 (Permitted obstructions in certain districts) shall be modified for portions of buildings facing the elevated rail structure, so that above the maximum base height set forth in paragraph (b) of this Section, dormers shall be permitted only within 75 feet of a corner.

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