M1 M2 M3 In all districts, other than districts with an A suffix, if an open area is provided along the full length of the front lot line with the minimum depth set forth in the following table, the provisions of Section 43-43 (Maximum Height of Front Wall and Required Front Setbacks) shall not apply. The minimum depth of such open area shall be measured perpendicular to the front lot line. However, in such instances, except as otherwise provided in this Section or in Sections 43-42 (Permitted Obstructions) or 43-45 (Tower Regulations), no building or other structure shall penetrate the alternate #sky exposure plane set forth in the table in this Section. The sky exposure plane# shall be measured from a point above the street line. In an M1-6 District, if the open area provided under the terms of this Section is a public plaza, such open area may be counted toward the bonus provided for a public plaza, pursuant to Section 43-14 (Floor Area Bonus for Public Plazas and Arcades). In M1-1 Districts, for community facility buildings the height above the street line shall be 35 feet. ALTERNATE REQUIRED FRONT SETBACKS Depth of Optional Front Alternate Sky Exposure Plane Open Area (in feet) Height Slope over Zoning Lot (expressed as a ratio of vertical above #Street distance to horizontal distance) Line# (in feet) On Narrow Street On Wide Street On Narrow On Wide Vertical Horizontal Vertical Horizontal Street Street Distance Distance Distance Distance Within M1-1 Districts 15 10 30 1.4 to 1 1.4 to 1 Within M1-2, M1-4, M2-1, M2-3 or M3 Districts 15 10 60 3.7 to 1 7.6 to 1 Within M1-3, M1-5, M1-6, M2-2 or M2-4 Districts 15 10 85 3.7 to 1 7.6 to 1 ALTERNATE SKY EXPOSURE PLANE (23 - 64, 24 - 53, 33 - 442, 43 - 44)
§43-44
Alternate Front Setbacks
New York City Zoning Resolution · Last amended Jun 6, 2024
New York City Zoning Resolution Section 43-44: Alternate Front Setbacks. Applies to 3 zoning districts. Cited in 46 BSA/CPC cases.
Section text
Applies to 3 zoning districts
Recent cases citing §43-44· 10 of 46
Official source: View §43-44 on zr.planning.nyc.gov