ZR 23-711 Minimum Distance Between Buildings on a Single Zoning Lot
- The ZRD1 Project
- Feb 17, 2020
- 2 min read
Updated: Jul 5, 2024
Disclaimer: This post is based on a partial review of ZRD1 approvals. A more thorough analysis of all ZRD1’s approved by the department may lead to alternate conclusions. In addition, department practice may have evolved in more recent approvals. The ZRD1 Project strives to be accurate and fair-minded and we welcome clarifying information from the department or anyone who has better information on the subject discussed below. Please email info@zrd1.com with any questions or concerns.
July 2024 Update - The City of Yes for Economic Opportunity text amendment makes portions of these blog posts obsolete. Some text sections have been reorganized and links to section references may no longer be accurate. More importantly, the text amendment opens a new chapter in New York City zoning analysis. Until such time that these posts can be updated, please consider this post as representative of NYC zoning prior to the enactment of the City of Yes text amendments.
When multiple buildings occupy the same zoning lot, the portion of a building containing residences must be separated from any other building on the same zoning lot by a minimum distance. This distance is based on the height of the buildings and the presence of legally required windows in facing building walls. These dimensions typically exceed 30 feet and can complicate the site plan and building layout.
This requirement does not apply when the buildings are separated by a rear yard equivalent. It also does not apply between buildings that abut each other. As we will see in the project at 200 East 95th Street, this concept can lead to some pretty strange results.
Abutting Buildings
The new development at 200 East 95th Street occupies the majority of a merged zoning lot while an existing building was to remain on the same zoning lot approximately 30 feet away.
The applicant received a plan exam objection regarding the distance between buildings pursuant to section 23-71 . The applicant responded in the ZRD1 that buildings were abutting. He wrote,
there will be a narrow wing of the proposed building extending to the then-abutting building on Lot 5. The proposed wing will enclose space and be counted as floor area. The new wing of the proposed building will demise two complying inner courts, to its south and north.
The Department agreed, writing:
It seems absurd that this massive obstruction was necessary to create an as-of-right solution. But sometimes the Zoning Resolution leaves us with no other choice.
In case you were wondering, the building really was built like this, as seen in this aerial view:
To the designers credit, they were able to make a nice space, as seen here in a marketing photo:
