127-233 - Base heights and setback regulations

LAST AMENDED
12/5/2024


(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 (a) of
                    Section 23-433 (Standard 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 (a) of
                      Section 23-433. 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 provided in accordance with the provisions of paragraph (b)(1) of Section
              23-413, shall be considered permitted obstructions, provided that:

               (i)    the height of such dormers does not exceed 135 feet in Subdistrict A and 175 feet in Subdistrict B, as
                      measured above the #base plane#; and

              (ii)    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).