The underlying height and setback regulations shall not apply, except as set forth in Sections 23-62 or 33-42 (Permitted Obstructions), as applicable. In lieu thereof, the height and setback provisions of this Section shall apply. All height shall be measured from curb level.

(a)        Street wall location

For zoning lots with wide street frontage, street walls shall be located on the wide street line and extend along the entire wide street frontage of the zoning lot. For corner lots with narrow street frontage, street walls shall be located on and extend along the narrow street line within 50 feet of the wide street.

For zoning lots with narrow street frontage, street walls shall be located on the street line and extend along the entire narrow street frontage of the zoning lot beyond 50 feet of a wide street. However, where the street wall of an adjacent building fronting on the same narrow street line is located within 10 feet of the street line, the street wall of the building may be aligned with the street wall of the adjacent building for a distance of not less than 20 feet measured horizontally from the side wall of such building. The portion of a zoning lot that is located between a street wall and the street line, pursuant to the optional street wall location provisions of this paragraph (a), shall be maintained at the same elevation as the adjoining sidewalk. In addition, such portion of a zoning lot shall be planted, except at the entrances to and exits from the building, or adjacent to commercial uses fronting on the street.

(b)        Permitted recesses

Ground floor recesses up to three feet deep shall be permitted for access to building entrances. Above a height of 12 feet, up to 30 percent of the aggregate width of street walls may be recessed, provided no such recesses are within 30 feet of the intersection of two street lines.

(c)        Building height

Within 100 feet of a wide street, the street wall of a building or other structure shall rise without setback to a minimum height of 50 feet or the height of the building, whichever is less, and a maximum height of 66 feet. A setback shall be provided for all portions of buildings that exceed a height of 66 feet. Such setbacks shall be provided at a height not lower than 50 feet and not higher than 66 feet, and shall have a minimum depth of 10 feet, measured from any street wall facing a wide street, and a minimum depth of 15 feet, measured from any street wall facing a narrow street. No building or other structure shall exceed a height of 85 feet. Beyond 100 feet of a wide street, no building or other structure shall exceed a height of seven stories or 66 feet, whichever is less.

(d)        The City Planning Commission, by special permit, may modify the special height and setback regulations set forth in this Section. In order to grant such special permit, the Commission shall find that the distribution of bulk permits adequate access of light and air to surrounding streets and properties and that the maximum height does not exceed 99 feet beyond 100 feet of a wide street, and 115 feet within 100 feet of a wide street.

          In conjunction with such height and setback modifications, the Commission may allow modifications to other applicable bulk regulations of this Resolution. except floor area ratio regulations, for a building developed or enlarged using public funding, as defined in Section 23-911, to support residences with rents restricted pursuant to a regulatory agreement with a City, State, or Federal agency, provided that such building is located on a zoning lot that has an area of at least 40,000 square feet, occupies the frontage of a wide street, and contains a mass transit or water supply support facility. In order to grant such special permit, the Commission shall find that:

(1)         there are physical conditions, including the presence of existing buildings or other structures, public infrastructure, or topographical features, that create practical difficulties in complying with the bulk regulations that would adversely affect the building configuration or site plan;

(2)         the proposed modifications will not unduly obstruct access to light and air to adjoining properties or streets;

(3)         the proposed scale and placement of the development or enlargement relates harmoniously with the surrounding area; and

(4)         the requested modification is reasonable in relation to the practical difficulties on the site or the public benefit derived from the development or enlargement.

The Commission may prescribe appropriate conditions and safeguards to protect and minimize any adverse effects on the character of the surrounding area.