81-752

Special street wall and setback regulations within the Eighth Avenue Corridor

Buildings on zoning lots located in whole or in part within the Eighth Avenue Corridor, as defined in Section 81-71, and east of Eighth Avenue, shall comply with the requirements of this Section, and except as superseded by this Section, with the provisions of Section 81-25 (General Provisions Relating to Height and Setback of Buildings), and either Section 81-26 (Height and Setback Regulations - Daylight Compensation) or 81-27 (Alternate Height and Setback Regulations - Daylight Evaluation).

Buildings on zoning lots located in whole or in part within the Eighth Avenue Corridor, as defined in Section 81-71, and west of Eighth Avenue shall comply with the requirements of this Section. The provisions of Sections 81-25, 81-26 and 81-27 shall not apply.

The provisions of paragraphs (a) and (b) of this Section shall apply to developments, enlargements and alterations, where such alterations change the height, width or location of a street wall.

(a)        Street wall location and minimum and maximum heights before setbacks

(1)        On Eighth Avenue and 42nd Street, street walls shall extend along the entire street frontage of the zoning lot not occupied by existing buildings to remain, and shall rise to a minimum height of 50 feet or the height of the building, whichever is less. At least 70 percent of the width of such street walls shall be located on the street line, and the remaining 30 percent may be located beyond the street line in compliance with residential outer court regulations for residential portions of buildings and community facility outer court regulations for all other portions of buildings. However, within 30 feet of the intersection of two street lines, street walls shall comply with the location requirements of paragraph (a)(3) of this Section. The maximum height of street walls within 10 feet of the wide street street line shall be 150 feet beyond 15 feet of a narrow street street line and 85 feet within 15 feet of a narrow street street line.

(2)        On a narrow street east of Eighth Avenue, and on a narrow street west of and within 100 feet of Eighth Avenue, street walls shall extend along the entire width of such narrow street frontage of the zoning lot not occupied by existing buildings to remain, and shall rise to a minimum height of 50 feet or the height of the building, whichever is less. At least 70 percent of the width of such street walls along such narrow street frontage shall be located on the street line, and the remaining 30 percent may be located beyond the street line in compliance with residential outer court regulations for residential portions of buildings and community facility outer court regulations for all other portions of buildings. However, within 30 feet of the intersection of two street lines, street walls shall comply with the location requirements of paragraph (a)(3) of this Section. The maximum height of street walls within 15 feet of the narrow street street line shall be 85 feet.

On a narrow street west of and beyond 100 feet of Eighth Avenue, the maximum height of street walls within 15 feet of the narrow street street line shall be 66 feet, except in accordance with paragraphs (b) or (c)(3) of this Section. However, no street wall need be provided where at least 70 percent of the entire frontage of the zoning lot along such narrow street is occupied by street walls located on the street line.

(3)        Within 30 feet of the intersection of two street lines, the street wall shall be located on the street line or anywhere within an area bounded by the two street lines and lines parallel to and 15 feet from such street lines.

(4)        Where a continuous sidewalk widening is provided along the entire block frontage of a wide street, the boundary of the sidewalk widening shall be considered to be the street line for the purposes of this Section.

(b)        Special street wall regulations for buildings adjacent to listed theaters

For buildings that are adjacent to a theater listed pursuant to Section 81-742 (Listed theaters), the maximum height of the street wall of the building facing the same street as the “listed theater” shall be 60 feet within 15 feet of the street line.

(c)        Additional regulations applying west of Eighth Avenue

(1)        West of Eighth Avenue, at any level above a height of 85 feet, any building or buildings or portions thereof shall, in the aggregate, occupy not more than 40 percent of the lot area of the zoning lot, except that for zoning lots of less than 20,000 square feet of lot area, this percentage may be increased as set forth in Section 23-65 (Tower Regulations). At any level above a height of 85 feet, any building or buildings or portions thereof shall, in the aggregate, occupy not less than 33 percent of the lot area of the zoning lot, except that such minimum lot coverage requirement shall not apply to the highest four stories of the building.

(2)        Beyond 125 feet of the western street line of Eighth Avenue, and beyond 100 feet of the northern street line of 42nd Street, no building or other structure shall exceed a height of 66 feet, except in accordance with paragraph (c)(3) of this Section.

(3)        Where the new or enlarged building abuts an existing building located entirely beyond 125 feet of the western street line of Eighth Avenue and the northern street line of 42nd Street, and such existing building exceeds a height of 66 feet, the new or enlarged building may exceed any height limits specified in this Section up to the height of the existing building, provided that, within 15 feet of the narrow street street line, such portion of the new or enlarged building does not exceed either the height of the existing building or 85 feet, whichever is less. For the purposes of this paragraph, the height of the existing building shall be the height of its street wall, before setback, if applicable, of that portion of the existing building abutting the new or enlarged building, fronting on the same street line, and located on the same or adjoining zoning lot.

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