23-67 Special Height and Setback Provisions for Certain Areas

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, a public park with an area of between one and 15 acres shall be considered a wide street for the purpose of applying the regulations set forth in Sections 23-63 (Height and Setback in R1 Through R5 Districts), 23-64 (Basic Height and Setback Requirements) and 23-66 (Height and Setback Requirements for Quality Housing Buildings) to any building or other structure on a zoning lot adjoining such public park. However, the provisions of this Section shall not apply to a public park more than 75 percent of which is paved.

Within the boundaries of Community District 7 in the Borough of Manhattan, all buildings or other structures located in R10 Districts, except R10A or R10X Districts, utilizing the basic height and setback requirements of Section 23-64 (Basic Height and Setback Requirements), shall also comply with the provisions of this Section.

The front building wall of all buildings on a zoning lot with any frontage on a wide street, shall extend along the entire wide street frontage of the zoning lot without a setback for a height of 125 feet above the curb level or the full height of the building, whichever is less. Above a height of 125 feet, the front building wall may be set back at least 10 feet on a wide street or 15 feet on a narrow street. Above a height of 150 feet, the front building wall shall be set back at least 10 feet. These mandatory front building wall requirements also apply to all buildings along all street lines of narrow streets within 50 feet of their intersection with the street lines of wide streets. For the next 20 feet along the street line of a narrow street, the mandatory front building wall requirements are optional. The height and setback regulations of the underlying district shall apply along street lines, or portions thereof, not subject to the front building wall requirements.

Front wall recesses are permitted above the level of the second story ceiling or 23 feet above curb level, whichever is less, provided that the aggregate width of all recesses at the level of any story does not exceed 50 percent of the width of the front wall. The depth of such recess shall not exceed 10 feet. No front wall recesses are permitted within 20 feet of the intersection of two street lines.

Front wall openings are permitted below the level of the second story ceiling, for entrances only.

The preceding street wall location provisions shall not apply along any street frontage of a zoning lot occupied by existing buildings whose street walls remain unaffected by alterations or enlargements to such existing buildings.

However, the provisions of this Section shall not apply to any building for which the City Planning Commission has granted a special permit pursuant to Section 74-95 (Modifications of Housing Quality Special Permits) nor shall it apply to any building located within the Special Lincoln Square District or within the former West Side Urban Renewal Area, excluding frontages along Central Park West or to the block bounded by Frederick Douglass Circle, Cathedral Parkway, Manhattan Avenue, West 109th Street and Central Park West. On application, the Commission may grant special authorization for minor modifications of the mandatory front wall provisions of this Section involving an enlargement, upon a showing of compelling necessity. Such authorization, however, may in no event include modification of permitted floor area regulations.

Within the boundaries of Community District 4 in the Borough of Manhattan, excluding the Special Clinton District, for developments or enlargements in R8 Districts without a letter suffix, on zoning lots larger than 1.5 acres that include residences for which public funding, as defined in Section 23-911 (General definitions) is committed to be provided, the City Planning Commission may authorize modifications of height and setback regulations, provided the Commission finds that such modifications will facilitate the provision of such residences, and such modifications will not unduly obstruct access of light and air to the detriment of the occupants or users of buildings on the zoning lot or nearby properties, open space or streets. Prior to issuing a building permit for any development or enlargement utilizing modifications granted by this authorization, the Department of Buildings shall be furnished with written notice of a commitment from the appropriate funding agency for the provision of such public funding.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

Within the boundaries of Community District 9 in the Borough of Manhattan, all buildings located in R8 Districts north of West 125th Street shall be developed or enlarged pursuant to the Quality Housing Program. The underlying bulk regulations for Quality Housing buildings shall apply, except as follows:

(a)        the maximum height of a building or other structure set forth in Section 23-662 shall be modified so that the maximum height of a building or other structure, or portion thereof, within 100 feet of a wide street shall be 120 feet, and the maximum height of a building or other structure, or portion thereof, on a narrow street beyond 100 feet of a wide street shall be 105 feet; and

(b)        the alternate height and setback regulations for certain Quality Housing buildings in non-contextual districts, as set forth in paragraph (c) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors) shall not apply to buildings on zoning lots meeting the criteria set forth in paragraph (a) of Section 23-664.

In Community District 6 in the Borough of Manhattan, for buildings developed or enlarged with towers in R10 Districts located east of First Avenue and north of East 51st Street, the tower provisions of paragraph (a) of Section 23-65 (Tower Regulations) shall be modified to require that the tower-on-a-base provisions of Section 23-651 apply to all buildings where more than 25 percent of the total floor area of the building is allocated to residential uses. However, for zoning lots with narrow street frontages, such provisions shall be modified in accordance with the provisions of this Section.

(a)        Tower modifications

The tower regulations of paragraph (a) of Section 23-651 shall be modified as follows:

(1)        For buildings that do not meet the location criteria of paragraph (a)(2) of Section 23-65, the provisions of paragraph (a)(3) of Section 23-651 shall be modified to require at least 45 percent of the total floor area permitted on the zoning lot to be located in stories located either partially or entirely below a height of 150 feet. In addition, when the lot coverage of the tower is less than 40 percent, the required 45 percent of the total floor area distribution, within a height of 150 feet, shall be increased in accordance with the following requirement:

(2)        For buildings that do not meet the location criteria of paragraph (a)(2) of Section 23-65, the tower setback provisions of paragraph (a)(4) of Section 23-651 shall be modified to permit such required setback along a narrow street to be reduced by one foot for every foot that the street wall is located beyond the street line. However, in no event shall a setback of less than seven feet in depth be provided.

(3)        The tower location restrictions of paragraph (a)(5) of Section 23-651 shall not apply. In lieu thereof, towers shall be permitted on a narrow street beyond 100 feet of its intersection with a wide street.

(4)        For the purposes of determining the permitted tower coverage and the required minimum distance between buildings or portions thereof on zoning lots with both narrow street and wide street frontage, that portion of a zoning lot located either within 125 feet from the wide street frontage along the short dimension of a block or within 100 feet from the wide street frontage along the long dimension of a block, shall be treated as a separate zoning lot from that portion beyond, with frontage along a narrow street.  

(b)        Building base modifications

The building base regulations of paragraph (b) of Section 23-651 shall be modified as follows:

(1)        For buildings, or portions thereof, fronting on a narrow street beyond 125 feet of its intersection with a wide street, the street wall location provisions of paragraph (b)(1)(ii) of Section 23-651 shall be modified to require that at least 70 percent of the aggregate width of street walls in the building base be located within eight feet of the street line.

(2)        For buildings, or portions thereof, fronting on a narrow street beyond 100 feet of its intersection with a wide street, the height of street wall provisions of paragraph (b)(2)(ii) of Section 23-651 shall be modified so that where the height of an adjacent building is between 60 feet and 85 feet, one of the three matching alternatives set forth in paragraphs (b)(2)(i)(a) through (b)(2)(i)(c) shall be applied.

(3)        The dormer provisions of paragraph (b)(3) of Section 23-651 shall be modified to permit dormers on narrow streets beyond 70 feet of its intersection with a wide street.