For buildings on qualifying sites in the East Midtown Subdistrict using the daylight compensation method of height and setback regulations, the provisions of Section 81-26 (Height and Setback Regulations – Daylight Compensation) are modified as follows:

(a)        for the purposes of determining permitted encroachments and compensating recesses pursuant to Section 81-264 (Encroachments and compensating recesses):

(1)        no compensating recess shall be required for the encroachment of that portion of the building below a height of 150 feet, as measured from curb level;

(2)        compensating recesses provided for encroachments, or portions thereof, above a height of 400 feet, as measured from curb level, need not comply with the provisions of paragraph (c)(1) of Section 81-264. In lieu thereof, for any portion of the building located above a height of 400 feet, the amount of compensating recess required for any particular level of the building shall be equal to the amount of encroachment provided at such level. The remaining provisions of paragraph (c) of Section 81-264 shall continue to apply to such compensating recess; and

(3)        for buildings on qualifying sites with frontage along the easterly side of Vanderbilt Avenue, the full width of Vanderbilt Avenue may be considered part of the zoning lot for the purposes of determining permitted encroachments and compensating recesses. Such modified zoning lot shall be constructed by shifting the westerly boundary of the zoning lot to the westerly street line of Vanderbilt Avenue, and by prolonging the street lines of narrow streets to such new westerly boundary. The Vanderbilt Avenue portion of such modified zoning lot may be considered a compensating recess for encroachments along such building’s narrow street street frontage zone, provided that any portion of the building fronting along Vanderbilt Avenue above a height of 100 feet, as measured from curb level, is set back a minimum 15 feet from the Vanderbilt Avenue street line, and further provided that the street frontage zone calculation along Park Avenue shall not include Vanderbilt Avenue;

(b)        for the purposes of determining the permitted length of encroachments pursuant to Section 81-265 (Encroachment limitations by length and height rules) the minimum length of recess required by Formula 2 in paragraph (c) of Section 81-265 shall be modified to 20 percent of the length of the front lot line; and

(c)        for buildings on qualifying sites with frontage along Park Avenue, as an alternative to the setback requirements of Table A, B or C in paragraph (b) of Section 81-263 (Standard setback requirements), the Park Avenue wall of such building shall be set back behind the applicable setback line to the depth of the setback line required at that particular height, in accordance with the applicable requirements of the table in this Section.

SETBACK REQUIREMENTS ON STREETS AT LEAST 140 FEET WIDE

Depth of Setback Line from Street Line at Stated Heights above Curb Level.