35-652

Maximum height of buildings and setback regulations

C1 C2 C4 C5 C6

In the districts indicated, height and setback regulations for Quality Housing buildings are set forth in this Section.

The height of a Quality Housing building or other structure shall not exceed the maximum height limit specified for the applicable district set forth in paragraphs (a) or (b) of this Section, as applicable, except as specified in paragraph (d) of this Section and elsewhere in this Chapter.

Basic building heights for Quality Housing buildings are set forth in paragraph (a) of this Section. Such heights may be increased in certain districts for Quality Housing buildings with qualifying ground floors pursuant to paragraph (b)(1) of this Section. For Quality Housing buildings with qualifying ground floors in Commercial Districts mapped within, or with a residential equivalent of R6A, R6B, R7A, R7D, R7X, R8A, R8X, R9X or R10A Districts located outside the Manhattan Core, supplemental ground floor provisions are set forth in paragraph (b)(2) of this Section.

A setback is required for all portions of buildings or other structures that exceed the maximum base height specified in paragraphs (a) or (b) of this Section, and shall be provided in accordance with the provisions set forth in paragraph (c) of Section 23-662, except as modified in paragraph (c) below.

(a)        Basic building heights

For Quality Housing buildings, the minimum and maximum base height, and maximum height of a building or other structure shall be as specified in paragraph (a) of  Section 23-662 (Maximum height of buildings and setback regulations) for the Residence District within which such Commercial District is mapped, or the applicable residential equivalent set forth in the Tables in Section 35-23 (Residential Bulk Regulations in Other C1 or C2 Districts or in C3, C4, C5 or C6 Districts).

(b)        Special heights in certain districts for Quality Housing buildings with qualifying ground floors

(1)        Eligible buildings
Table 2 in paragraph (b) of Section 23-662 sets forth the minimum and maximum base height, maximum building height, and maximum number of stories for Quality Housing buildings with qualifying ground floors within:

(i)        Commercial Districts mapped within, or with a residential equivalent of, R6 or R7 Districts without a letter suffix outside the Manhattan Core and within 100 feet of a wide street, or R8 or R10 Districts without a letter suffix within 100 feet of a wide street;

(ii)        Commercial Districts mapped within, or with a residential equivalent of, R6A, R6B, R7A, R7D, R7X, R8A, R8X, R9X or R10A Districts located outside the Manhattan Core.

(2)        Supplemental ground floor provisions for buildings in certain districts

For Quality Housing buildings with qualifying ground floors in Commercial Districts mapped within, or with a residential equivalent of R6A, R6B, R7A, R7D, R7X, R8A, R8X, R9X or R10A Districts located outside the Manhattan Core, supplemental ground floor provisions shall apply as follows:

(i)        Along primary street frontages

For buildings, or portions thereof, with primary street frontage, as defined in Section 37-311, uses on the first story, to the minimum depth set forth in Section 37-32 (Ground Floor Depth Requirements for Certain Uses), shall be limited to non-residential uses, except for Type 1 lobbies in C1 or C2 Districts, Type 2 lobbies in C4, C5 or C6 Districts, entrances and exits to accessory parking spaces, and entryways to subway stations, where applicable, provided in accordance with Section 37-33 (Maximum Width of Certain Uses). Accessory off-street parking spaces on the ground floor shall be wrapped in accordance with the provisions of paragraph (a) of Section 37-35 (Parking Wrap and Screening Requirements). Each ground floor level street wall shall be glazed in accordance with the provisions set forth in Section 37-34 (Minimum Transparency Requirements).

(ii)        Along secondary street frontages

For buildings or portions thereof, with secondary street frontage, as defined in Section 37-311, accessory off-street parking spaces on the ground floor level shall be wrapped or screened in accordance with Section 37-35. However, the aggregate width of any such screening, excluding entrances and exits, shall not exceed 50 feet.

(c)        Setback modifications

(1)        In C6-3D Districts, the provisions for R9D Districts set forth in Section 23-662 shall apply, except that:

(i)        the setback provisions of paragraph (c) of this Section are optional where a building wall is within the area bounded by two intersecting street lines and lines parallel to and 70 feet from such street lines; and

(ii)        where such building is adjacent to a public park, such setback may be provided at grade for all portions of buildings outside of the area bounded by two intersecting street lines and lines parallel to and 70 feet from such street lines, provided that any area unoccupied by a building shall be improved to Department of Transportation standards for sidewalks, shall be at the same level as the adjoining public sidewalks, and shall be accessible to the public at all times.

(2)        In C4-4L Districts, for zoning lots bounded by a street containing an elevated rail line, the following shall apply:

(i)        a setback with a depth of at least 15 feet from the street line of the street containing the elevated rail line shall be provided at a height not lower than the minimum base height of either 25 feet or two stories, whichever is lower, and not higher than the maximum base height of either 65 feet or six stories, whichever is lower; and

(ii)        dormers shall not be a permitted obstruction within such setback distance.

(d)        Maximum height modifications

(1)        In C6-3D and C6-4X Districts, the maximum base heights for the applicable residential equivalents may be exceeded in accordance with the tower regulations of Section 35-653.

(2)        In C4-4L Districts, for zoning lots bounded by a street containing an elevated rail line and within 125 feet of such street, the maximum building height for a building with a qualifying ground floor shall be 105 feet or ten stories, whichever is less. For buildings with non-qualifying ground floors, the maximum height shall be reduced to 100 feet.

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