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What is NYC ZR § 11-50?

Quick Answer

This section establishes the legislative intent regarding the separability of provisions within the zoning resolution. If any provision is deemed invalid by a court, the invalidity will only apply to the specific case, allowing other provisions to remain effective. Applies to all parties involved in zoning disputes.

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

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§ 11-50 SEPARABILITY

ZR § 11-50

It is hereby declared to be the legislative intent that:

(a)if a court of competent jurisdiction finds any provisions of this Resolution to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this Resolution shall continue to be separately and fully effective.

(b)if a court of competent jurisdiction finds the application of any provision or provisions of this Resolution to any zoning lot, building or other structure, or tract of land to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the person, property or situation immediately involved in the controversy, and the application of any such provision to other persons, property or situations shall not be affected.

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