23-69 Special Height Limitations
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10
In all districts, as indicated, wherever such districts are located within a Limited Height District, the maximum height of a building or other structure, or portion thereof, shall be as shown in the following table:
Limited Height District
Maximum Height above Curb Level or Base Plane, as Applicable
R7-2 R7D R7X R8 R9 R10
In the districts indicated, portions of buildings with street walls less than 45 feet in width shall not be permitted above the following heights:
(a) For interior lots, and for through lots, which shall be treated as two separate interior lots of equal depth for the purposes of determining the height limitations of this Section, a height equal to the width of the street on which such street walls front or 100 feet, whichever is less;
(b) For corner lots bounded by only narrow streets, a height equal to the width of the narrowest of such streets on which such street walls front;
(c) For corner lots bounded by at least one wide street, a height equal to the width of the widest street on which it fronts, or 100 feet, whichever is less;
(d) The heights permitted in paragraphs (a), (b) or (c) of this Section may be exceeded if:
(1) on a wide street, such portion of a building with a street wall less than 45 feet in width abuts an existing building with a street wall that exceeds such permitted heights. Such new street walls may reach the height of such abutting building or, where there are two abutting buildings that exceed such heights, such new street wall may reach the height of the tallest of such abutting buildings ; or
(2) on a narrow street, such street walls abut two existing buildings with street walls that both exceed the heights permitted. Such new street walls may reach the height of the lowest of such abutting buildings ; and
(3) such new street walls shall be fully contiguous at every level with such abutting street walls.
(e) In addition, the following rules shall apply:
(1) The front height and setback regulations and any height limitations of the underlying district shall apply, except that the alternate front setback and tower regulations of Sections 23-642, 23-65, 24-53, 24-54, 33-44 and 33-45 shall not apply. In the event of a conflict between the underlying regulations and the regulations of this Section, the more restrictive shall apply.
(2) The provisions of this Section shall not apply to street walls of permitted obstructions or street walls located beyond 100 feet of a street line.
(3) For the purposes of determining the width of a street wall :
(i) the width shall be the sum of the maximum widths of all street walls of a building at every level. The width of a street wall shall be the length of the street line from which, when viewed directly from above, lines perpendicular to the street line may be drawn to such street wall ;
(ii) abutting buildings on a single zoning lot may be considered a single building, except as set forth in paragraph (e)(6) of this Section.
(4) For buildings with street walls less than 45 feet in width that front only on a narrow street and abut two existing buildings, the street wall of such building shall be no closer to the street line than the street wall of the abutting building that is closest to the street line.
(5) On a through lot containing buildings with street walls less than 45 feet in width, the provisions of paragraphs (b) and (c) in Section 23-532 (Required rear yard equivalents) shall not apply.
(6) Quality Housing buildings shall be exempt from the provisions of this Section provided the width of the street wall at the maximum base height required by Sections 23-66 or 35-65 is at least 45 feet. For such buildings, a street wall that is less than 45 feet wide may be constructed above such base. For the purposes of this paragraph (e)(6), abutting buildings on a single zoning lot shall not be considered a single building. However, where all the requisite structural framing and all enclosing walls and roofs were completed for an enlargement, in accordance with a building permit issued prior to a September 11, 2007, Board of Standards and Appeals ruling (67-07-A) that resulted in the enlargement being ineligible for a certificate of occupancy, abutting buildings on a single zoning lot may be considered a single building provided such zoning lot is formed prior to August 2, 2011.
R6 R7 R8 R9 R10
In the districts indicated, within 25 feet of an R1 through R5 District or an R6B District, the height of a development or enlargement of a building, or portions thereof, shall not exceed the height set forth in the table below for the applicable district.
Height permitted within 25 feet of
R1 through R5 District, other than R5D District (in feet)
R5D or R6B District (in feet)
R6 R6A R71 R7B R8B
R72 R7A R7D
R7X R8 R8A R8X R9 R10
1 For zoning lots or portions thereof on a narrow street beyond 100 feet of a wide street and, for zoning lots with only wide street frontage, portions of such zoning lot beyond 100 feet of the street line
2 For zoning lots or portions thereof within 100 feet of a wide street