127-233

Base heights and setback regulations

(a)        Along primary street frontages

Along primary street frontages, as shown on Map 3 (Requirements Along Street Frontages) in the Appendix to this Chapter, the following shall apply:

(1)        The minimum base height shall be 25 feet, or two stories, whichever is lower, and the maximum base height shall be 105 feet along College Point Boulevard and 75 feet along all other primary street frontages.

(2)        Along Type 1 primary street frontages, at a height not lower than the minimum base height nor higher than the maximum base height, a setback with a minimum depth of 10 feet, as measured from the street wall, shall be provided, except that:

(i)        the depth of such required setback may be reduced in accordance with the provisions of paragraph (c)(2) of Section 23-662 (Maximum height of buildings and setback regulations). However, where a sidewalk widening is required pursuant to this Section, as indicated on Map 4 (Waterfront Access Plan: Parcel Designation), the minimum depth of the required setback above the maximum base height may be reduced to five feet, as measured from the street wall ; and

(ii)        the depth of such setbacks may include the depth of recesses or outer courts in the street wall of the building base, provided that the aggregate width of any such recessed portion of a street wall with a setback of less than seven feet, as applicable, does not exceed 40 percent of the aggregate width of street wall at any level.

(3)        Along Type 2 primary street frontages, a building may rise without any setback above the maximum base height.

(b)        Along secondary street frontages

Along secondary street frontages, as shown on Map 3, the following shall apply:

(1)        Along the shore public walkway, the maximum base height shall be 75 feet, and any portion of a building that exceeds the maximum base height shall be set back at least 10 feet from the street line. Wherever a supplemental public access area is provided as a widened shore public walkway, such widened area shall be included in such setback distance.

(2)        Along other secondary street frontages, the minimum base height shall be 25 feet, or two stories, whichever is lower, and the maximum base height shall be 75 feet. However, along secondary street frontages facing an upland connection with a width of less than 30 feet pursuant to the applicable provisions of paragraph (a) of Section 127-532 (Upland connections), the minimum base height shall be 15 feet. At a height not lower than the minimum base height nor higher than the maximum base height, a setback with a minimum depth of 10 feet, as measured from the street wall, shall be provided, except that:

(i)        the depth of such required setback may be reduced in accordance with the provisions of paragraph (c)(2) of Section 23-662. However, where a sidewalk widening is required pursuant to this Section, as specified on Map 3, the portion of a building located above the maximum base height need not set back more than 10 feet from the street line, provided such building portion meets the requirements of paragraph (d) of Section 127-234 (Tower regulations), as applicable; and

(ii)        the depth of such required setback may include the depth of recesses or outer courts in the street wall of the building base, provided that the aggregate width of any such recessed portion of a street wall with a setback of less than 10 feet, or the reduced setback distance pursuant to the provisions of paragraph (b)(2)(i) of this Section, as applicable, does not exceed 40 percent of the aggregate width of street wall at any level; and

(c)        Additional allowances along all street frontages

(1)        Within a required setback area, dormers and projections shall be considered permitted obstructions, and shall be permitted as follows:

(i)        The aggregate street wall width of all dormers and projections combined shall not exceed 50 percent of the aggregate width of street wall of the story below the required setback. Any projection deeper than five feet shall be considered a dormer.

(ii)        The aggregate street wall width of dormers shall not exceed 30 percent of the aggregate width of street wall of the story below the required setback. The height of such dormers shall not exceed 135 feet in Subdistrict A and 175 feet in Subdistrict B, as measured above the base plane. No dormers shall be permitted along street walls fronting on the shore public walkway.

(2)         Notwithstanding the applicable setback regulations in paragraphs (a) and (b) of this Section, portions of buildings or other structures located:

(i)        within 150 feet of a publicly accessible area, and either

(ii)        adjacent to such publicly accessible area, or

(iii)        along a street across from such publicly accessible area located on the same zoning lot,

                may rise without a setback, provided that such publicly accessible area is in compliance with the provisions of Section 127-43 (Publicly Accessible Area). In addition, all street walls facing such publicly accessible area shall be subject to the articulation requirements of Section 127-235 (Supplemental articulation regulations).

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