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What is NYC ZR § 33-124?

Quick Answer

This section outlines regulations regarding existing public amenities that have received floor area bonuses. It specifies conditions under which non-bonused open areas may be reduced or eliminated, the placement of kiosks and open-air cafes, and the potential for nighttime closures of these amenities. Applies to property owners with publicly accessible open areas that have received 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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§ 33-124 Existing public amenities for which floor area bonuses have been received

ZR § 33-124

(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)Kiosks and open air cafesKiosks and open air cafes may be placed within an existing publicly accessible open area for which a floor area bonus has been received by certification, pursuant to Section 37-73 (Kiosks and Open Air Cafes).

(c)Nighttime closing of existing public open areasIn all Commercial 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).

(d)Elimination or reduction in size of existing public amenitiesIn all Commercial Districts, no existing publicly accessible open area 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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