145-23

Height and Setback Regulations

In all districts, except in C8-2 Districts, all developments and enlargements shall comply with the height and setback provisions of this Section.

  1. Street wall location rules

    For zoning lots, or portions thereof, along streets, or portions thereof, designated on Map 2 (Designated Street Frontages for Ground Floor Level and Street Wall Continuity Requirements) in the Appendix to this Chapter, the street wall location provisions applicable to a C2 District mapped within an R7A District, as set forth in Section 35-651 (Street wall location), shall apply. For the purposes of applying such regulations, the minimum base height a street wall shall rise to, without setback, shall be set forth in paragraph (b) of this Section.

    Along other streets, no street wall location rules shall apply.
    1. Maximum base and building heights

      The table in this Section sets forth the maximum base height, the maximum height of a building or other structure, and the maximum number of stories for buildings, or portions thereof. For the purposes of this Section, in a Commercial District, the applicable height and setback provisions are the regulations for the Residence District within which such Commercial District is mapped, the equivalent Residence District, or the designated Residence District where such district is paired with an M1 District with an A suffix.

      A setback is required for all portions of buildings or other structures that exceed the maximum base height specified for the district and shall be provided at a height not lower than the minimum base height or higher than the permitted maximum base height. Such setback shall have a depth of at least 10 feet from any street wall fronting on a wide street, and a depth of at least 15 feet from any street wall fronting on a narrow street. The underlying provisions of paragraphs (c)(2) through (c)(4) of Section 23-662 (Maximum height of buildings and setback regulations) shall apply to such setbacks.

      BASE HEIGHTS, MAXIMUM BUILDING HEIGHTS AND MAXIMUM NUMBER OF STORIES
       
      District Minimum base height (in feet) Maximum base height (in feet) Maximum height of buildings or other structures (in feet) Maximum number of stories
      R6A 40 65 95 9
      R6-1 40 65 125 12
      R7-2 40 85 155 15
      R7-3 60 95 185 18
      R8X 60 105 175 17
      R8 60 105 215 21
  2. Modifications in certain areas

    In Subdistrict B and in other areas, the provisions of paragraphs (a) and (b) of this Section shall be modified as follows:
    1. Modifications in Subdistrict B
      1. In Subdistrict B, the maximum base and building height provisions of an R8 District without a letter suffix, as set forth in paragraph (b) of this Section, shall apply.
      2. In Subarea B1, portions of buildings or other structures located adjacent to an open space, as designated on Map 4 (Subdistrict B, Morris Park Avenue Site Plan) in the Appendix to this Chapter, may rise without setback, provided that such open space has a minimum depth of 30 feet from the point of intersection of two street lines. For the purposes of applying the street wall location rules of paragraph (a) of this Section, the interior boundary of such publicly accessible area shall be considered a street line.
    2. Modifications in other areas

      In C2 Districts mapped within R8 Districts without a letter suffix, for zoning lots with a street frontage of at least 200 feet along East Tremont Avenue, the maximum building height set forth in paragraph (b) of this Section shall be increased by 20 feet, and the maximum number of stories shall be increased by two.
  3. Dormers

    For all buildings, dormers shall be a permitted obstruction in a required setback, and may be provided in accordance with the provisions of paragraph (c) of Section 23-623. However, as an alternative to such provisions, dormers may be a permitted obstruction within a required front setback distance above a maximum base height, provided that the aggregate width of all dormers at the maximum base height does not exceed 40 percent of the width of the street wall of the highest story entirely below the maximum base height. Such dormers need not decrease in width as the height above the maximum base height increases.
     
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