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

What is NYC ZR § 142-43?

Quick Answer

This section outlines height and setback regulations for shoreline adjacent lots in Subarea A2 of the Special Inwood District. It specifies minimum base heights, maximum transition heights, and tower regulations, including limitations on building height near the shoreline. Applies to property developers and building owners in the designated zoning areas.

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 →

§ 142-43 Height and Setback for Shoreline Adjacent Lots in Subarea A2

ZR § 142-43

In Subarea A2, as shown on Map 1 (Special Inwood District – Subdistricts and Subareas) in the Appendix to this Chapter, for shoreline adjacent lots, the following height and setback regulations shall apply:

Street wall location The street wall location provisions of paragraph (a) of Section 35-631 shall apply to street frontages along and within 50 feet of Ninth Avenue, and the street wall requirements of paragraph (b) of Section 35-651 shall apply along all other street frontages of the zoning lot. However, the street walls shall extend to at least the minimum base height set forth in paragraph (b) of this Section, or the height of the building, whichever is less.

Base height and setbacks The minimum base height shall be 60 feet on all street frontages. Within R9A Districts, or C1 or C2 Districts mapped within R9A Districts, the maximum base height shall be 105 feet. Within R8 Districts, or C1 or C2 Districts mapped within R8 Districts, the maximum base height before setback shall be 105 feet if the building’s maximum overall height does not exceed 155 feet, or 85 feet if a building is developed with a tower in accordance with the regulations of paragraph (e) of this Section. At a height not lower than the minimum base height nor higher than the maximum base height specified for the applicable district, a setback with a minimum depth of 10 feet shall be provided from the street wall of the base. Such setbacks may be modified in accordance with the provisions of Section 23-433.

Within 50 feet of the shoreline Within 50 feet of the shoreline, the height of a building along 30 percent of the length of a zoning lot, as measured parallel to Ninth Avenue, shall be limited to a maximum height of 30 feet, and the height along the remaining 70 percent may rise to a maximum height of 85 feet.

Maximum transition height After the required setback, buildings may rise to a maximum transition height of 155 feet. However, for portions of buildings exceeding the maximum base height with a gross area of a story of 10,000 square feet, or more, exclusive of any permitted dormers, setbacks shall be taken at any point above 125 feet to achieve a footprint reduction of 10 percent from stories below 125 feet. Any portion of a building that exceeds the maximum transition height shall be considered a tower and subject to the provisions of paragraph (e) of this Section.

Tower regulations Any portion of a building that exceeds the maximum transition height shall be subject to the following tower provisions: the gross area of any story shall not exceed 10,000 square feet, except that any dormers provided within the setback area shall not be included in such gross area; the gross area of any story located above 205 feet shall not exceed 90 percent of the gross area of that story located directly below a height of 205 feet; no portion of such tower shall be located within 80 feet of the shoreline; the width of such tower shall not exceed 100 feet, as measured parallel to Ninth Avenue. Such width shall be measured in plan and shall include the total width of the combined lot coverage of all stories above 125 feet; and the maximum height of such tower shall not exceed 245 feet.

the gross area of any story shall not exceed 10,000 square feet, except that any dormers provided within the setback area shall not be included in such gross area;

the gross area of any story located above 205 feet shall not exceed 90 percent of the gross area of that story located directly below a height of 205 feet;

no portion of such tower shall be located within 80 feet of the shoreline;

the width of such tower shall not exceed 100 feet, as measured parallel to Ninth Avenue. Such width shall be measured in plan and shall include the total width of the combined lot coverage of all stories above 125 feet; and

the maximum height of such tower shall not exceed 245 feet.

Zoning lots with a lot area in excess of 1.5 acres may contain a second tower, provided that the heights of the two towers differ by at least 50 feet from each other, and provided that the combined width of the towers does not exceed 140 feet, as measured parallel to Ninth Avenue. Such width shall be measured in plan and shall include the total width of the combined lot coverage of all stories above 125 feet.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 142-43?

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