123-66

Height and Setback Regulations

The height of all buildings or other structures in Special Mixed Use Districts shall be measured from the base plane.

The following modifications of height and setback regulations set forth in paragraphs (a) and (b) apply in Historic Districts designated by the Landmarks Preservation Commission:

(a)        For any zoning lot located in a Historic District designated by the Landmarks Preservation Commission, the minimum base height of a street wall  may vary between the height of the street wall of an adjacent building before setback, if such height is lower than the minimum base height required, up to the minimum base height requirements of this Chapter.

(b)        In Special Mixed Use District 2 in the Borough of Brooklyn, where the designated Residence District is an R8X District, the maximum base height of a street wall may vary between the maximum base height set forth in this Chapter, and the height of the street wall of an adjacent building before setback, if such height is higher than the maximum base height set forth in this Chapter. For the purposes of this paragraph (b), a building situated directly across a street from a development shall be considered an adjacent building.

On waterfront blocks, as defined in Section 62-11, where the designated Residence District is R3, R4 or R5, the height and setback regulations of Section 62-34, inclusive, shall apply to buildings and other structures, except that for mixed use buildings, the height and setback regulations set forth in Section 123-661 (Mixed use buildings in Special Mixed Use Districts with R3, R4 or R5 District designations) shall apply.

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