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93-541 Height and Setback in Subareas D1 and D2
  1. Tenth Avenue
    1. For zoning lots that do not occupy the entire Tenth Avenue block front, and for zoning lots that occupy the entire Tenth Avenue block front where existing buildings containing residences will remain, the street wall of any development or enlargement shall be located on and extend along the entire Tenth Avenue street line, except that to allow for corner articulation, the street wall may be located anywhere within an area bounded by intersecting street lines and lines 15 feet from and parallel to such lines. Such street wall shall rise without setback to a minimum base height of 90 feet and a maximum base height of 150 feet, except that such minimum base height requirement shall not apply to any existing buildings containing residences to remain. Where such zoning lots also front upon a narrow street, these provisions shall apply along such narrow street frontage for a minimum distance of 50 feet and a maximum distance of 100 feet from the intersection of Tenth Avenue. Above a height of 150 feet, the setback provisions of paragraph (b) of Section 93-42 shall apply.
    2. For zoning lots that occupy the entire Tenth Avenue block front, and where no existing buildings fronting upon Tenth Avenue will remain, the street wall shall be located within 10 feet of the Tenth Avenue street line and extend along the entire Tenth Avenue frontage of the zoning lot and shall rise without setback to a minimum base height of 90 feet and a maximum base height of 150 feet. These provisions shall apply for a minimum distance of 50 feet and a maximum distance of 100 feet from the intersection of Tenth Avenue.

      Above a height of 150 feet, the setback provisions of paragraph (b) of Section 93-42 shall apply. Alternatively, the Tenth Avenue street wall may rise above 150 feet without setback, provided that:
      1. the aggregate width of such street wall does not exceed 100 feet;
      2. all other portions of the building that exceed a height of 150 feet are set back at least 10 feet from the Tenth Avenue street wall of the building at a height not lower than 90 feet;
      3. all portions of the building that exceed a height of 150 feet are set back from a narrow street in compliance with the provisions of paragraph (b) of Section 93-42; and
      4. all portions of the Tenth Avenue street wall that do not exceed a height of 90 feet are located 10 feet from the Tenth Avenue street line, except that recesses may be provided in accordance with the recess provisions of paragraph (a) of Section 93-50. Above a height of 90 feet, up to a height of 150 feet, any street wall facing Tenth Avenue shall be located no closer to Tenth Avenue than 10 feet.
  2. Hudson Boulevard

    The regulations set forth in paragraph (a) of Section 93-512 (Subareas A3, A4 and A5 of the Large-Scale Plan Subdistrict A) shall apply, except that wherever a setback from the Hudson Boulevard street line is required to be at least 25 feet deep, such setback depth may be reduced to 15 feet.
  3. Midblocks between Tenth Avenue and Hudson Boulevard

    The regulations set forth in paragraph (c) of Section 93-512 shall apply.
  4. Length of building wall

    The maximum length of any story located above a height of 150 feet that faces north or south shall not exceed 100 feet. Such length shall be measured by inscribing within a rectangle the outermost walls at the level of each story entirely above a height of 150 feet. Any side of such rectangle from which perpendicular lines may be drawn to the nearest narrow street line shall not exceed 100 feet.
  5. Tower lot coverage

    Where more than one tower on a zoning lot contains residences, the minimum lot area requirement of paragraph (c)(1) of Section 93-42 shall not apply to the highest 80 feet of at least half of the number of such towers.
93-542 Height and Setback in Subareas D4 and D5
In Subareas D4 and D5 of Hell's Kitchen Subdistrict D, the underlying height and setback regulations shall apply, except that:
  1. the rooftop regulations set forth in Section 93-41 shall apply;
  2. within the C2-5 District of Subarea D4, commercial uses shall be limited to two stories or a height of 30 feet, whichever is less;
  3. within the C1-7A District of Subarea D5, recesses in the street wall of any building facing Ninth Avenue shall not be permitted within 20 feet of an adjacent building or within 30 feet of the intersection of two street lines, except as provided for permitted corner articulation; and
  4. the regulations set forth in paragraph (d) of Section 23-692 (Height limitations for narrow buildings or enlargements) shall be modified to allow portions of buildings with street walls less than 45 feet in width to reach the height of the tallest abutting building without regard to the width of the street onto which such building fronts.
93-543 Authorization for the Provision of Public Open Areas
For zoning lots that are wholly or partially within Hell's Kitchen Subdistrict D and provide publicly accessible open areas adjacent to or over the Lincoln Tunnel Approaches or Dyer Avenue, the City Planning Commission may authorize height and setback modifications within C2-5 Districts mapped within R8A Districts and the distribution of floor area without regard to district boundaries, provided the Commission finds that:
  1. such publicly accessible open area provides an appropriate amenity to the surrounding area;
  2. such publicly accessible open area has appropriate access, circulation, landscaping, seating, paving and lighting;
  3. modifications to the height and setback regulations of C2-5 Districts mapped within R8A Districts result in a building that does not exceed a height of 180 feet and is compatible with the scale and character of the surrounding area; and
  4. all necessary approvals have been granted by the Port Authority, or adequate provision has been made for the receipt of such approvals prior to the issuance of any building permit.

In granting such authorization, the Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the surrounding area.
Publicly accessible open areas authorized by this Section shall be accessible to the public at all times, except where the Commission has authorized a nighttime closing pursuant to Section 37-727 (Hours of access). Furthermore, such open areas shall comply with the requirements for public plazas set forth in Sections 37-744 (Litter receptacles), 37-75 (Signs), 37-77 (Maintenance) and paragraph (a) of Section 37-78 (Compliance).
All plans for publicly accessible open areas, once authorized, shall be filed and duly recorded in the Borough Office of the City Register of the City of New York, indexed against the property in the form of a legal instrument providing notice of the certification of the publicly accessible open areas and setting further such provisions as necessary to ensure compliance with the requirements of this Section. Such filing and recording of the instrument, together with the grant of all necessary approvals by the Port Authority, shall be a precondition for the filing for or issuance of any building permit for any development or enlargement on the zoning lot. The recording information shall be included on the certificate of occupancy for any building, or portion thereof, on the zoning lot issued after the recording date.
No temporary certificate of occupancy from the Department of Buildings may be issued for any portion of any development or enlargement subject to the provisions of this Section until the Chairperson of the Commission certifies to the Department of Buildings that the public access area is substantially complete and that the public access area is open to and useable by the public. No permanent certificate of occupancy from the Department of Buildings may be issued for any portion of such development or enlargement until the Chairperson of the Commission certifies to the Department of Buildings that the public access area is complete and that all public access requirements of this Section have been met in accordance with the plans for such public access area.

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