33-431 - In C1 or C2 Districts with bulk governed by surrounding Residence District

LAST AMENDED
12/5/2024


C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5
In the districts indicated, the maximum height of a front wall and the required front setback of a #building or other structure#
shall be determined by the #Residence District# within which such #Commercial District# is mapped and, except as otherwise
set forth in this Section, shall be as set forth in the following table:

MAXIMUM HEIGHT OF FRONT WALL AND REQUIRED FRONT SETBACKS


            #Initial Setback         Maximum          #Sky Exposure Plane#
            Distance#                Height of a
            (in feet)                Front Wall
                                                      Height      Slope over #Zoning Lot# (Expressed as a Ratio of
                                     or other
                                                      above the   Vertical Distance to Horizontal Distance)
                                     portion of a
                                                       #Street
                                     #Building or
                                                      Line# (in
                                     Other                        On #Narrow Street#         On #Wide Street#
                                                      feet)
                                     Structure#
                                     within the
            On          On                                        Vertical     Horizontal Vertical        Horizontal
                                     #Initial
            #Narrow     #Wide                                     Distance     Distance   Distance        Distance
                                     Setback
            Street#     Street#
                                     Distance#


            Within R1, R2, R3, R4, R5, R5A or R5B Districts


            20          15           30 feet or       30          1            to 1          1            to 1
                                     two
                                     #stories#,
                                     whichever is
                                     less


            Within R6 or R7 Districts


            20          15           60 feet or       60          2.7          to 1          5.6          to 1
                                     four
                                     #stories#,
                                     whichever is
                                     less


            Within R8, R9, R10, R11 or R12 Districts


            20          15           85 feet or six   85          2.7          to 1          5.6          to 1
                                     #stories#,
                                     whichever is
                                     less


However, in accordance with the provisions of Section 32-42 (Location Within Buildings), no #commercial building# or
portion thereof occupied by non-#residential uses# listed under Use Groups VI through X shall exceed in height 30 feet or two
#stories#, whichever is less.
For #community facility buildings# or #buildings# used for both #community facility# #use# and #commercial# #use#, when
mapped within R4, R5, R5A or R5B Districts, the maximum height of a front wall shall be 35 feet or three #stories#, whichever
is less, and the height above #street line# shall be 35 feet and, when mapped within R7-2 Districts, the maximum height of a
front wall shall be 60 feet or six #stories#, whichever is less.

In C1 or C2 Districts mapped within R1, R2 or R3 Districts in the Borough of Staten Island or in Community District 10 in
the Bronx, for #buildings# containing ambulatory diagnostic or treatment health care facilities listed under Use Group III(B), or
child care services, as listed under the definition of #school# in Section 12-10 (DEFINITIONS), the maximum height of a front
wall or other portion of a #building# within the #initial setback distance# shall be 35 feet, or three #stories#, whichever is less.
However, such increased height shall only be permitted beyond 20 feet of a #Residence District# boundary or beyond 20 feet of
any portion of a #building# containing a #residential use# located in a #Commercial District#.