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What is NYC ZR § 11-31?

Quick Answer

This section outlines general provisions related to building permits issued before amendments to the zoning resolution. It defines what constitutes a lawfully issued building permit and details the conditions under which rights are retained. The provisions affect building owners seeking to understand compliance with zoning amendments.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 11-31 General Provisions

ZR § 11-31

For the purposes of Section 11-33, relating to Building Permits Issued before Effective Date of Amendment to this Resolution, the following terms and general provisions shall apply:

(a)A lawfully issued building permit shall be a building permit which is based on an approved application showing complete plans and specifications, authorizes the entire construction and not merely a part thereof, and is issued prior to any applicable amendment to this Resolution. In case of dispute as to whether an application includes "complete plans and specifications" as required in this Section, the Commissioner of Buildings shall determine whether such requirement has been met.

(b)The rights set forth in these Sections shall be retained only if all modifications, made in such plans after the effective date of any applicable amendment to this Resolution, do not create a new non-compliance or non-conformity or increase the degree of non-compliance or non-conformity with the provisions of this Resolution, as amended.

(c)As used in Section 11-33 (Building Permits for Minor or Major Development or Other Construction Issued before Effective Date of Amendment):

(1)"minor development" shall include:

(i)construction of any single building which will be non-conforming or non-complying under the provisions of any applicable amendment to this Resolution; or

(ii)construction of two or more buildings on a single zoning lot which under the provisions of any applicable amendment to this Resolution will be non-conforming; or

(iii)construction of two or more buildings on contiguous zoning lots or zoning lots which would be contiguous except for their separation by a street or street intersection; and

(iv)a major enlargement, which is an enlargement requiring the installation of foundations and involving at least 50 percent of the total floor area of such enlarged building, and which enlargement will be non-conforming or non-complying under the provisions of any applicable amendment to this Resolution. For the purposes of Section 11-33 (Building Permits for Minor or Major Development or Other Construction Issued before Effective Date of Amendment) only, a major enlargement shall also include any other enlargement adding at least 50,000 square feet to the floor area of an existing building, which enlargement will be non-conforming or non-complying under the provisions of any applicable amendment to this Resolution.

(2)"major development" shall include:

(3)"Other construction" shall include:

which will be non-conforming or non-complying under the provisions of any applicable amendment to this Resolution.

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