98-423

Street wall location, minimum and maximum base heights and maximum building heights

The provisions set forth in paragraph (a) of this Section shall apply to all buildings or other structures. Such provisions are modified for certain subareas as set forth in paragraphs (b) through (g) of this Section.

(a)        For all buildings

(1)        Street wall location provisions

On wide streets, and on narrow streets within 50 feet of their intersection with a wide street, the street wall shall be located on the street line and extend along such entire street frontage of the zoning lot up to at least the minimum base height specified in the table in this Section. On narrow street frontages,
 beyond 50 feet of their intersection with a wide street, the street wall shall be located on the street line and extend along at least 70 percent of the narrow street frontage of the zoning lot up to at least the minimum base height specified in the table in this Section.

Where street walls are required to be located on the street line, recesses, not to exceed three feet in depth from the street line, shall be permitted on the ground floor where required to provide access to the building. Above a height of 12 feet, up to 30 percent of the aggregate width of street walls may be recessed beyond the street line, provided any such recesses deeper than 10 feet along a wide street, or 15 feet along a narrow street, are located within an outer court. Furthermore, no recesses shall be permitted within 30 feet of the intersection of two street lines except that, to allow articulation of street walls at the intersection of two street lines, the street wall may be located anywhere within an area bounded by the two street lines and a line connecting such street lines at points 15 feet from their intersection.

For developments that occupy the entire block frontage of a street and provide a continuous sidewalk widening along such street line, the boundary of the sidewalk widening shall be considered to be the street line for the purposes of this Section.

The street wall location provisions of this Section shall not apply along that portion of any street frontage:

(i)        over which the High Line passes;

(ii)        occupied by existing buildings to remain, unless such buildings are vertically enlarged; or

(iii)        between the High Line and a side lot line, where such frontage measures less than 20 feet.

(2)        Maximum building heights

(i)        For C6-2A and C6-3A Districts

In C6-2A and C6-3A Districts, the maximum base height, maximum building height and the maximum number of stories shall be as set forth in Section 23-662 (Maximum height of buildings and setback regulations) for the residential equivalent of an R8A and R9A District, respectively. For buildings meeting the criteria set forth in paragraph (a) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), such maximum heights and number of stories may be modified in accordance with the provisions of paragraph (b) of Section 23-664 for such districts’ applicable residential equivalent. Separate maximum building heights are set forth within such Sections for Quality Housing buildings with qualifying ground floors and for those with non-qualifying ground floors.

(ii)        For all other districts

All portions of buildings or other structures that exceed the applicable maximum base height specified in the table in this Section shall provide a setback at a height not lower than the applicable minimum base height. A setback with a depth of at least 10 feet shall be provided from any street wall fronting on a wide street, and a setback with a depth of at least 15 feet shall be provided from any street wall fronting on a narrow street, except such dimensions may include the depth of permitted recesses in the street wall.

No building or other structure shall exceed the maximum building height specified in the table in this Section.

(b)        Subareas A and D

(1)        Street wall location

In Subarea D, on corner lots between the north side of West 18th Street and the south side of West 22nd Street, a street wall with a minimum height of 15 feet shall be located on the narrow street line between 50 and 150 feet of its intersection with Eleventh Avenue.

In Subarea D, for buildings that do not include towers as set forth in paragraph (b)(3) of this Section, the street wall location provisions set forth in paragraph (a) shall not apply to any zoning lot that occupies the entire Eleventh Avenue block front. In lieu thereof, street walls with a minimum base height of 60 feet shall be located within 10 feet of all street lines bounding such zoning lot and extend along at least 70 percent of each street frontage of the zoning lot.

(2)        Setback provisions

The setback provisions for portions of buildings above the maximum base height set forth in paragraph (a) of this Section shall not apply. In lieu thereof, no portion of a building or other structure that exceeds the applicable maximum base height shall penetrate a sky exposure plane that begins above the street line at the maximum base height and rises over the zoning lot at a ratio of 2.7 feet of vertical distance to one foot of horizontal distance on a narrow street, and 5.6 feet of vertical distance to one foot of horizontal distance on a wide street.        

(3)        Tower provisions

Any building, or portion thereof, which in the aggregate occupies not more than 40 percent of the lot area of the zoning lot and penetrates the sky exposure planes set forth in paragraph (b)(2) of this Section, is hereinafter referred to as a “tower.” Such towers are permitted provided they are set back at least 10 feet from a wide street line and at least 15 feet from a narrow street line, and provided no other portion of the building exceeds the applicable maximum base height. In addition, the following rules shall apply:

(i)        For zoning lots with less than 20,000 square feet of lot area, such tower may occupy more than 40 percent of the lot area of the zoning lot in accordance with the provisions of Section 33-454 (Towers on small lots).

(ii)        Any story within the highest 40 feet of such tower (the “penthouse portion”), shall not exceed 85 percent of the gross area of the highest story directly below such penthouse portion.

(iii)        In Subarea A, such tower shall occupy at least 30 percent of the lot area of the zoning lot, except that such minimum lot coverage requirement shall be reduced to 25 percent above a height of 220 feet. However, no minimum lot area requirement shall apply to the highest four stories or 40 feet of such building, whichever is less.

(iv)        In Subarea A, the maximum length of any story located above a height of 220 feet shall not exceed 150 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 220 feet. Any side of such rectangle shall not exceed 150 feet.

(v)        In Subarea A, for any zoning lot with more than 75 feet of narrow street frontage in which a side lot line is located within an area bounded by a line 200 feet east of and parallel to Eleventh Avenue and a line 410 feet east of and parallel to Eleventh Avenue, no tower portion of a building shall be located closer than 25 feet to such side lot lines.

(vi)        In Subarea D, the maximum building height shall be 250 feet, and the maximum length of any story located above the maximum base height shall not exceed 150 feet. Such length shall be measured by inscribing within a rectangle the outermost walls at the level of each story wholly or partially above the maximum base height. Any side of such rectangle shall not exceed 150 feet. However, for zoning lots that occupy the entire Eleventh Avenue block front, a portion of the street wall may rise above the maximum base height without setback from Eleventh Avenue, provided the aggregate width of the street wall for Eleventh Avenue does not exceed 100 feet.

(c)        Subareas C, F and G

In Subareas C, F and G, for zoning lots with wide and narrow street frontage, no street wall is required beyond 50 feet of a wide street. Furthermore, for any development or enlargement that occupies at least one corner of the Tenth Avenue block front and extends along the Tenth Avenue frontage of the zoning lot for at least 170 feet, exclusive of existing buildings to remain, a lowered street wall shall be provided for any building that exceeds 45 feet in height. Such lowered street wall shall have a maximum height of 45 feet and a minimum height of 35 feet and extend along the Tenth Avenue frontage for a width not less than 25 percent and not more than 30 percent of the aggregate width of street walls facing Tenth Avenue. Such lowered street wall portion of the Tenth Avenue frontage shall be located at the intersection of Tenth Avenue and a narrow street. Such lowered street wall shall extend along such narrow street line for a distance of at least 50 feet from Tenth Avenue. Beyond 50 feet of Tenth Avenue, excluding the High Line frontage of a building, such portion of the building shall not exceed a height of 45 feet.

The provisions of this Section, relating to the location and height of the lowered street wall portion of the Tenth Avenue frontage of a building are illustrated in Diagram 1 (Street Wall and High Line Frontage Regulations in Subareas C, F and G) in Appendix C of this Chapter.

In Subarea C, for zoning lots with Tenth Avenue frontage between West 24th Street and West 28th Street, the maximum building height shall be 125 feet.

(d)        Subarea E

The street wall location provisions set forth in paragraph (a) of this Section shall not apply on a zoning lot fronting on West 18th Street and located partially in Subareas D, E and G, where floor area has been transferred pursuant to Section 98-241. A maximum of 60 percent of the West 18th Street frontage within Subarea E may rise without setback to a maximum building height of 250 feet, and a minimum of 20 percent of the West 18th Street frontage within Subarea E shall rise without setback to a minimum height of 60 feet and a maximum height of 85 feet and be located within 10 feet of the street line.

(e)        Subarea H

No building or other structure shall be located east of the High Line, unless otherwise specified in agreements and other instruments that provide for City construction of some or all of the At-Grade Plaza Work and some or all of the Stairway and Elevator Work, executed in accordance with Appendix D.

No portion of a building or other structure shall exceed a height of 85 feet except for two buildings, or portions of buildings, hereinafter referred to as “Tower East” and “Tower West.” At or above the base height, both such towers shall be set back at least 10 feet from any street wall facing a wide street and at least 15 feet from any street wall facing a narrow street. Such setbacks shall be provided at a height not lower than 60 feet, except that such setbacks may be provided at a height not lower than 40 feet, provided at least 65 percent of the aggregate width of street walls facing narrow streets and at least 60 percent of the aggregate width of street walls facing wide streets
 have a minimum base height of 60 feet.

Tower East shall be located in its entirety within 240 feet of the Tenth Avenue street line, and Tower West shall be located in its entirety within 200 feet of the Eleventh Avenue street line. Tower East shall not exceed a height of 290 feet and Tower West shall not exceed a height of 390 feet. No portion of Tower East shall be located closer than 25 feet to any portion of Tower West.

A maximum of 50 percent of the street wall of Tower West may rise without setback from a narrow street line. Such portion of the street wall shall be located a minimum of 15 feet and a maximum of 20 feet from the narrow street line.

(f)        Subarea I

In that portion of Subarea I located within 300 feet of Tenth Avenue between West 16th Street and West 17th Street, the street wall location provisions set forth in paragraph (a) of this Section shall not apply along Tenth Avenue, as shown in Diagram 5 of Appendix C of this Chapter, but shall apply along a minimum of 85 percent of the West 16th Street and West 17th Street frontages. No portion of a building or other structure located within 300 feet of Tenth Avenue shall exceed a height of 120 feet, except for one building which may have a height not to exceed 250 feet provided such building is located in its entirety between 10 feet and 90 feet of West 17th Street and has a length that does not exceed 175 feet when measured parallel to the West 17th Street street line.

In all other portions of Subarea I, the provisions of paragraph (a) shall apply.

(g)        Subarea J

The provisions set forth in paragraph (a) of this Section shall not apply to any development or enlargement that utilizes the provisions of Section 98-25. In lieu thereof, the provisions of this paragraph (g) shall apply.

(1)        Midblock Zone

The Midblock Zone shall be that portion of Subarea J located more than 150 feet west of the Ninth Avenue street line and more than 200 feet east of the Tenth Avenue street line. Within the Midblock Zone, a building shall have a maximum street wall height before setback of 110 feet, and shall have a maximum building height of 130 feet.  

(2)        Ninth Avenue Zone

The Ninth Avenue Zone shall be that portion of Subarea J within 150 feet of the Ninth Avenue street line. Within the Ninth Avenue Zone, any portion of a building shall have a maximum street wall height of 130 feet before setback and a maximum building height of 135 feet. Any building located above a height of 130 feet shall be set back at least five feet from the Ninth Avenue street wall and at least 15 feet from the West 15th Street and West 16th Street street walls.

(3)        Tenth Avenue Zone

The Tenth Avenue Zone shall be that portion of a zoning lot within 200 feet of the Tenth Avenue street line. Within the Tenth Avenue Zone, any portion of a building shall have a maximum street wall height of 185 feet before setback and a maximum building height of 230 feet, provided that any portion of a building located above a height of 90 feet shall be set back not less than 15 feet from the Tenth Avenue street line. Any portion of a building located above a height of 185 feet shall be set back at least 10 feet from the West 15th and West 16th Street street lines, and at least 25 feet from the Tenth Avenue street line. Any portion of a building above a height of 200 feet shall be set back at least 25 feet from the West 15th and West 16th Street street lines, and at least 35 feet from the Tenth Avenue street lines, and any portion of a building located above a height of 215 feet shall be set back at least 75 feet from the Tenth Avenue street line. Permitted obstructions allowed pursuant to Section 33-42 shall be permitted.

MINIMUM AND MAXIMUM BASE HEIGHT AND MAXIMUM BUILDING HEIGHT BY DISTRICT OR SUBAREA

District or Subarea

Minimum Base Height (in feet)

Maximum Base Height (in feet)

Maximum Building Height (in feet)

M1-5

50

95

135

Subarea A

within 50 feet of a wide street

60

85

____ 1

between 50 and 100 feet of a wide street

15

85

____ 1

for zoning lots with only narrow street frontage

40

60

____ 1

Subarea B

60

95

135

Subarea C

for zoning lots with only narrow street frontage

60

110

110

for zoning lots with Tenth Avenue frontage

1052 

1252

1252

for zoning lots with Eleventh Avenue frontage

1252

1452

1452

Subarea D

60

90

2501

Subarea E

60

1053

1203

Subarea F

602

802

802

Subarea G

for zoning lots with only narrow street frontage

60

95

95

for zoning lots with wide street frontage

1052

1202

1202

Subarea H

604

854

____ 4

Subarea I

within 300 feet of Tenth Avenue between W. 16th St. & W. 17th St.

60

85

1205

all other areas

60

105

135

Subarea J

Midblock Zone

NA

1106

1306

Ninth Avenue Zone

NA

1306

1356

Tenth Avenue Zone

NA

1856

2306

1        see Section 98-423, paragraph (b)

2        see Section 98-423, paragraph (c)

3        see Section 98-423, paragraph (d)

4        see Section 98-423, paragraph (e)

5        see Section 98-423, paragraph (f)

6        see Section 98-423, paragraph (g)

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