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What is NYC ZR § 26-26?

Quick Answer

This section allows the City Planning Commission to authorize modifications or waivers to specific zoning requirements, provided certain conditions are met that enhance design quality or preserve natural features. It applies to zoning lots within designated areas, affecting property developers and owners in those districts.

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

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§ 26-26 Modification and Waiver Provisions

ZR § 26-26

(a)The City Planning Commission may, by authorization, allow modifications to, or waivers of, the requirements of Sections 26-20 through 26-27, inclusive, provided that:

(1)such modifications or waivers will enhance the design quality of the zoning lot;

(2)any decrease in the required width of the paved road bed is in conjunction with a superior parking plan that would not be feasible with a wider road bed; and

(3)any decrease in the required width of the paved road bed will result in the preservation of existing natural features or a superior landscaping plan that would not be feasible with a wider road bed.

No modification or waiver may be granted which would waive or decrease the width of the paved road bed to less than 34 feet.

(b)The City Planning Commission may, by authorization, allow modifications to, or waivers of, the requirements of Sections 26-20 through 26-27, inclusive, for zoning lots within the Special South Richmond Development District, that:

(i)have been granted an authorization pursuant to Section 107-65 (Modifications of Existing Topography) within one year prior to February 6, 2002; or

(ii)are conditioned upon a restrictive declaration that has received a minor modification by the City Planning Commission; or

In order to authorize such modifications or waivers pursuant to this paragraph, (b), the Commission shall find that such zoning lots will be developed pursuant to a good site plan, and that adequate access to all dwelling units, adequate parking spaces located outside of the roadbed of the private road, adequate spacing of all curb cuts and adequate landscaping will be provided.

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