117-53 Height and Setback and Street Wall Location Regulations
The height and setback regulations of the designated Residence and M1 Districts shall not apply, except for permitted obstructions pursuant to Sections 23-62 or 43-42, as applicable. In lieu thereof, all buildings or other structures shall comply with the regulations set forth in Sections 117-531 (Street wall location) and 117-532 (Setback regulations for buildings that exceed the maximum base height). Such regulations, however, shall not apply along the street frontage of that portion of a zoning lot occupied by existing buildings, unless the street walls of such existing buildings are vertically extended by more than 15 feet. The height of all buildings or other structures shall be measured from the base plane.
(a) On a wide street, and on a narrow street within 50 feet of its intersection with a wide street, the street wall of a building shall be located on the street line and extend along the entire width of the street frontage of the zoning lot and rise without setbacks up to at least the applicable minimum base height specified in the table in Section 117-532 (Setback regulations for buildings that exceed the maximum base height), or the height of the building, whichever is less. Recesses, not to exceed three feet in depth from the street line, shall be permitted on the ground floor where required to provide access to the building.
(b) On a narrow street between 50 and 100 feet of its intersection with a wide street, the street wall of a building shall extend along the entire width of the narrow street frontage of the zoning lot and rise without setbacks up to at least the applicable minimum base height specified in the table, or the height of the building, whichever is less.
Beyond 100 feet of the intersection of a wide street, street walls shall extend along at least 70 percent of the width of the narrow street frontage of the zoning lot and rise without setbacks up to at least the applicable minimum base height specified in the table, or the height of the building, whichever is less.
Beyond 50 feet of the intersection of a wide street, all street walls required pursuant to this paragraph (b) shall be located within eight feet of the street line.
(c) On a wide street above the ground floor level, up to 30 percent of the aggregate width of street walls may be located beyond the street line, in compliance with outer court regulations.
(d) On a narrow street, recesses are permitted at any level in the street wall of a base for outer courts or balconies. The aggregate length of such recesses shall not exceed 50 percent of the length of the entire street wall at any level. However, not more than 30 percent of the aggregate length of such recesses shall exceed a depth of eight feet.
(e) In the locations specified on Map 3 (Sidewalk Widening and Street Wall Location) in Appendix C of this Chapter, a building shall comply with the provisions of paragraphs (a) through (d) of this Section, as applicable, except that street walls shall be located as specified on Map 3. The street wall of a building may be set back only in the areas indicated on Map 3 as "Permitted Street Wall Setback Locations," provided that the additional sidewalk widening resulting from such setback is accessible to the public, in accordance with the provisions of Section 117-554, and located adjacent to a public sidewalk or mandatory sidewalk widening.
(f) For any building fronting on Queens Plaza South in Area A-1 or Area B as shown on Map 1 (Designated Districts within the Queens Plaza Subdistrict) of Appendix C, any street wall along Queens Plaza South shall be set back five feet from the street line, except as otherwise specified on Map 3.
(g) For any building on a zoning lot located on Jackson Avenue between 42nd Road and Queens Plaza South, the street wall fronting on Jackson Avenue may be set back five feet from the street line only upon certification of the Chairperson of the City Planning Commission to the Department of Buildings that the Jackson Avenue sidewalk adjacent to the zoning lot will be landscaped in accordance with a plan acceptable to the Department of Transportation and the Chairperson. Such plan shall include five planting beds that shall contain a mixture of deciduous and evergreen shrubs, ground covers and flowers. Such planting beds shall be installed and maintained by the owner of the building. The street wall of any subsequent development or enlargement shall be located no closer to nor further from the street line than the street wall of an adjacent existing building.
All portions of buildings or other structures that exceed the maximum base height specified in the table in this Section shall comply with the following provisions:
(a) At a height not lower than the minimum base height or higher than the maximum base height specified in the table for the applicable area, a setback with a depth of at least 10 feet shall be provided from any street wall fronting on a wide street and a setback with a depth of at least 15 feet shall be provided from any street wall fronting on a narrow street, except such dimensions may include the depth of any permitted recesses in the street wall.
Minimum Base Height
Maximum Base Height
* for buildings or other structures on Davis Street located 75 feet or more from Jackson Avenue, the minimum base height shall be 40 feet
(b) In Area A-1, no setbacks are required above the applicable minimum base height specified in the table in paragraph (a) of this Section. However, if a setback is provided, it shall comply with the provisions of paragraph (a).
(c) For any zoning lot located in a Historic District designated by the Landmarks Preservation Commission, the minimum base height of a street wall may vary between the height of the street wall of an adjacent building before setback, if such height is lower than the minimum base height required, up to the minimum base height requirements of this Section.
For any zoning lot within the Queens Plaza Subdistrict of the Special Long Island City Mixed Use District, the City Planning Commission may permit modification of the use or bulk regulations, except floor area ratio requirements, provided the Commission shall find that:
(a) such use or bulk modification will aid in achieving the general purposes and intent of the Special District;
(b) such use modification will encourage a lively pedestrian environment along the street or mandatory sidewalk widening, or is necessary for the programmatic requirements of the development;
(c) such bulk modifications will enhance the distribution of bulk on the zoning lot;
(d) such bulk modifications will permit adequate access of light and air to surrounding streets and properties; and
(e) such use or bulk modification will relate harmoniously to the character of the surrounding area.
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.