ToC
123-662

All buildings in Special Mixed Use Districts with R6, R7, R8, R9 and R10 District designations

In Special Mixed Use Districts where the designated Residence District is an R6, R7, R8, R9 or R10 District, the height and setback regulations of Sections 23-60 and 43-40 shall not apply. In lieu thereof, all buildings or other structures shall comply with the height and setback regulations of this Section.

(a)        Medium and high density non-contextual districts

(1)        In Special Mixed Use Districts where the designated Residence District is an R6, R7, R8, R9 or R10 District without a letter suffix, the height of a building or other structure, or portion thereof, located within 10 feet of a wide street or 15 feet of a narrow street, may not exceed the maximum base height specified in Table A of this Section, except for dormers permitted in accordance with paragraph (c) of this Section. Beyond 10 feet of a wide street and 15 feet of a narrow street, the height of a building or other structure shall not exceed the maximum building height specified in Table A. However, a building or other structure may exceed such maximum building height by four stories or 40 feet, whichever is less, provided that the gross area of each story located above the maximum building height does not exceed 80 percent of the gross area of that story directly below it.

TABLE A

HEIGHT AND SETBACK FOR ALL BUILDINGS IN MEDIUM AND HIGH DENSITY NON-CONTEXTUAL DISTRICTS

District

Maximum Base Height (in feet)

Maximum Building Height (in feet)

R6

60

110

R7-1 R7-2

60

135

R7-3

85

185

R8

85

210

R9

85

225

R9-1

90

280

R10

110

350

(2)        In Special Mixed Use District 15 in the Borough of Manhattan, where the designated Residence District is an R7-2 District, the height and setback regulations of paragraph (a)(1) of this Section shall not apply. In lieu thereof, the height and setback regulations of this paragraph (a)(2) shall apply.

(i)        A building or other structure, or portion thereof, located within 10 feet of a wide street or 15 feet of a narrow street, shall rise to a minimum height of 60 feet, and may rise to a maximum height of 85 feet, except for dormers permitted in accordance with paragraph (c) of this Section.

(ii)        At least 70 percent of the aggregate width of street walls shall be located on the street line and shall extend to the minimum base height of 60 feet or the height of the building, whichever is less. The remaining 30 percent of the aggregate width of street walls shall be located within eight feet of the street line.

(iii)        Existing buildings may be vertically enlarged by up to one story or 15 feet without regard to the street wall location provisions of this paragraph (a)(2). Beyond 10 feet of a wide street and 15 feet of a narrow street, the height of a building or other structure shall not exceed a maximum building height of 135 feet. However, a building or other structure may exceed a height of 135 feet by four stories or 40 feet, whichever is less, provided that the gross area of each story located above 135 feet does not exceed 80 percent of the gross area of that story directly below it.

(b)        Medium and high density contextual districts

In Special Mixed Use Districts where the Residence District designation is an R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9X, R10A or R10X District, the height and setback provisions of Section 23-662 shall apply. However, where the Residence District designation is an R6A, R6B, R7A, R7D, R8A or R8X District located outside the Manhattan Core, for buildings with qualifying ground floors utilizing the additional heights set forth in paragraph (b) of Section 23-662, the supplemental ground floor provisions set forth in paragraph (b)(2) of such Section shall be modified so that any permitted non-residential use in the Manufacturing District that is paired with such Residence District may be utilized to satisfy the ground floor use and depth requirements of Section 26-52 (Ground Floor Use and Depth Requirements). Where the Residence District designation is an R10X District, a tower may be provided in accordance with the provisions of Section 23-663. In addition, in all applicable districts, 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), the height and setback provisions of paragraph (b) of Section 23-664 shall apply. Separate maximum building heights are set forth within Sections 23-662 and 23-664 for Quality Housing buildings with qualifying ground floors as well as for those with non-qualifying ground floors. In R8X Districts within Special Mixed Use District 2, the maximum building height for any development or enlargement that is not predominantly commercial, manufacturing, or a combination of commercial and manufacturing, shall be governed by the maximum building height and setback regulations applicable to an R8A District. For the purposes of this provision, “predominantly” shall mean at least 75 percent of the floor area of a building.

(c)        Permitted obstructions and dormer provisions

Obstructions shall be permitted pursuant to Sections 23-62, 24-51 or 43-42. In addition, in all Districts, within a required setback area, a dormer may be provided in accordance with the provisions of paragraph (c)(1) of Section 23-621.

However, all buildings or other structures on waterfront blocks, as defined in Section 62-11, shall comply with the height and setback regulations set forth for the designated Residential District as set forth in Section 62-34 (Height and Setback Regulations on Waterfront Blocks), inclusive.

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