93-55 Special Height and Setback Regulations in the South of Port Authority Subdistrict E

(a)        Zoning lots with Eighth Avenue frontage

For zoning lots with frontage on Eighth Avenue, the street wall of a building shall be located on the Eighth Avenue sidewalk widening line and, where applicable, on the West 39th Street and West 40th Street street lines, and extend along the entire street frontage of the zoning lot. Such street walls shall rise without setback to a minimum height of 90 feet and a maximum height of 120 feet. The street wall of any building may rise to a height less than 90 feet, provided that no building on the zoning lot exceeds such height except where such building is located on a zoning lot with multiple buildings, one or more of which is developed, enlarged or altered after February 2, 2011, to a height exceeding 90 feet.

Above a height of 120 feet, no portion of a building or other structure shall penetrate a sky exposure plane that begins at a height of 120 feet above the Eighth Avenue sidewalk widening line and street lines of West 39th Street and West 40th Street, as applicable, and rises over the zoning lot at a slope of four feet of vertical distance for each foot of horizontal distance, except as provided below:

(1)        any portion of the building or other structure developed or enlarged pursuant to the tower regulations of Sections 33-45 or 35-64, as applicable, may penetrate the sky exposure plane;

(2)        permitted obstructions, as listed in paragraph (a) of Section 93-41, may penetrate the sky exposure plane. In addition, a dormer, as listed in paragraph (c)(1) of Section 23-621, may penetrate the sky exposure plane.

(b)        Zoning lots without Eighth Avenue frontage

For zoning lots without frontage on Eighth Avenue, the street wall of a building shall be located on the street line and extend along the entire street frontage of the zoning lot not occupied by existing buildings to remain. Such street walls shall rise without setback to a minimum base height of 80 feet and a maximum base height of 90 feet. However, if the height of an adjacent street wall fronting on the same street line is higher than 90 feet before setback, the street wall of the new or enlarged building may rise without setback to the height of such adjacent street wall, up to a maximum height of 120 feet. Above a height of 90 feet or the height of the adjacent street wall if higher than 90 feet, the setback provisions of paragraph (b) of Section 93-42 shall apply. The street wall of any building may rise to a height less than 80 feet, provided that no building on the zoning lot exceeds such height except where such building is located on a zoning lot with multiple buildings, one or more of which is developed, enlarged or altered after February 2, 2011, to a height exceeding 80 feet.