Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC ZR § 23-243?

Quick Answer

This section outlines the regulations regarding the elimination or reduction of existing public amenities on zoning lots that have received floor area bonuses. It requires certification from the Chairperson of the City Planning Commission for compliance with standards and allows for nighttime closing of public open areas in Residence Districts. Applies to property owners with bonused amenities.

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

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 23-243 Existing public amenities for which floor area bonuses have been received

ZR § 23-243

Elimination or reduction in size of non-bonused open area on a zoning lot containing a bonused amenity In all districts, any existing open area for which a floor area bonus has not been utilized that occupies the same zoning lot as an existing publicly accessible open area or other public amenity, open or enclosed, for which a floor area bonus has been utilized, may be reduced in size or eliminated only upon certification of the Chairperson of the City Planning Commission that all bonused amenities comply with the standards under which such floor area bonus was granted.

Nighttime closing of existing public open areas In all Residence Districts, the Commission may, upon application, authorize the closing during certain nighttime hours of an existing publicly accessible open area for which a floor area bonus has been received, pursuant to Section 37-727 (Hours of access).

Elimination or reduction in size of existing public amenities In all districts, no existing publicly accessible open area, arcade or other public amenity, open or enclosed, for which a floor area bonus has been utilized, shall be eliminated or reduced in size except by special permit of the Commission, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 23-243?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters