93-55 - Special Height and Setback Regulations in the South of Port Authority Subdistrict
E

LAST AMENDED
12/5/2024

(a)    #Zoning lots# with Eighth Avenue frontage

       For #zoning lots# with frontage on Eighth Avenue, the #street wall# of a #building# shall be located on the Eighth
       Avenue sidewalk widening line and, where applicable, on the West 39th Street and West 40th Street #street lines#, and
       extend along the entire #street# frontage of the #zoning lot#. Such #street walls# shall rise without setback to a minimum
       height of 90 feet and a maximum height of 120 feet. The #street wall# of any #building# may rise to a height less than 90
       feet, provided that no #building# on the #zoning lot# exceeds such height except where such #building# is located on a
       #zoning lot# with multiple #buildings#, one or more of which is #developed#, #enlarged# or altered after February 2,
       2011, to a height exceeding 90 feet.

       Above a height of 120 feet, no portion of a #building or other structure# shall penetrate a #sky exposure plane# that
       begins at a height of 120 feet above the Eighth Avenue sidewalk widening line and #street lines# of West 39th Street and
       West 40th Street, as applicable, and rises over the #zoning lot# at a slope of four feet of vertical distance for each foot of
       horizontal distance, except as provided below:

       (1)    any portion of the #building or other structure# #developed# or #enlarged# pursuant to the tower regulations of
              Sections 33-45 or 35-642, as applicable, may penetrate the #sky exposure plane#;

       (2)    permitted obstructions, as listed in paragraph (a) of Section 93-41, may penetrate the #sky exposure plane#. In
              addition, a dormer, pursuant to the provisions of paragraph (b)(1) of Section 23-413 (Permitted obstructions in
              certain districts), may penetrate the #sky exposure plane#.

(b)    #Zoning lots# without Eighth Avenue frontage

       For #zoning lots# without frontage on Eighth Avenue, the #street wall# of a #building# shall be located on the #street
       line# and extend along the entire #street# frontage of the #zoning lot# not occupied by existing #buildings# to remain.
       Such #street walls# shall rise without setback to a minimum base height of 80 feet and a maximum base height of 90 feet.
       However, if the height of an adjacent #street wall# fronting on the same #street line# is higher than 90 feet before
       setback, the #street wall# of the new or #enlarged# #building# may rise without setback to the height of such adjacent
       #street wall#, up to a maximum height of 120 feet. Above a height of 90 feet or the height of the adjacent #street wall# if
       higher than 90 feet, the setback provisions of paragraph (b) of Section 93-42 shall apply. The #street wall# of any
       #building# may rise to a height less than 80 feet, provided that no #building# on the #zoning lot# exceeds such height
       except where such #building# is located on a #zoning lot# with multiple #buildings#, one or more of which is
       #developed#, #enlarged# or altered after February 2, 2011, to a height exceeding 80 feet.