General Provisions Relating to Height and Setback of Buildings

For all buildings in the Special Midtown District, except as provided in Section 81-90 (SPECIAL REGULATIONS FOR PRESERVATION SUBDISTRICT), the height and setback regulations of the underlying districts are superseded by the provisions of this Section and by the two alternate sets of regulations controlling the height and setback of buildings as set forth in Sections 81-26 (Height and Setback Regulations--Daylight Compensation) and 81-27 (Alternate Height and Setback Regulations--Daylight Evaluation), respectively. For the purposes of applying height and setback regulations, the term “buildings” shall include buildings or other structures, except if specifically stated otherwise.

For the purposes of Sections 81-25 through 81-27, inclusive, all buildings on a zoning lot shall be considered a single building. Existing portions of such buildings are referred to as an “existing building.” A “new building” shall include developments, enlargements or alterations that increase the width or height of a building wall.

An applicant for plan approval by the Department of Buildings may elect to be governed by the provisions of either Section 81-26 or 81-27 in addition to the provisions of this Section.

This Section sets forth the provisions that are common to both sets of regulations.