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What is NYC ZR § 11-331?

Quick Answer

This section allows construction to continue if foundations for a minor or major development were completed before the effective date of an amendment to the zoning resolution. If foundations are not completed, the building permit lapses, and renewal may be sought from the Board of Standards and Appeals. Applies to building owners with existing permits for development.

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

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§ 11-331 Right to construct if foundations completed

ZR § 11-331

If, before the effective date of an applicable amendment of this Resolution, a building permit has been lawfully issued, as set forth in paragraph (a) of Section 11-31, to a person with a possessory interest in a zoning lot, authorizing a minor development or a major development, such construction, if lawful in other respects, may be continued provided that:

(a)in the case of a minor development, all work on foundations had been completed prior to such effective date; or

(b)in the case of a major development, the foundations for at least one building had been completed prior to such effective date.

In the event that such required foundations have been commenced but not completed before such effective date, the building permit shall automatically lapse on the effective date and the right to continue construction shall terminate. An application to renew the building permit may be made to the Board of Standards and Appeals not more than 30 days after the lapse of such building permit. The Board may renew the building permit and authorize an extension of time limited to one term of not more than six months to permit the completion of the required foundations, provided that the Board finds that, on the date the building permit lapsed, excavation had been completed and substantial progress made on foundations.

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