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What is NYC ZR § 24-113?

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This section regulates the elimination or reduction of size of existing public amenities that have received floor area bonuses. It requires certification from the Chairperson of the City Planning Commission to ensure compliance with standards. Applies to property owners with publicly accessible open areas or amenities that have utilized floor area bonuses.

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

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§ 24-113 Existing public amenities for which floor area bonuses have been received

ZR § 24-113

(a)Elimination or reduction in size of non-bonused open area on a zoning lot containing a bonused amenityIn 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.

(b)Nighttime closing of existing public open areasIn all Residence Districts, the City Planning 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).

(c)Elimination or reduction in size of existing public amenitiesIn 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 City Planning Commission, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).

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