NYC Zoning Resolution

§ 43-15 — Existing Public Amenities for which Floor Area Bonuses Have Been Received

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What is NYC ZR § 43-15?

Quick Answer

This section regulates the management of existing public amenities on zoning lots that have received floor area bonuses. It outlines conditions for reducing or eliminating non-bonused open areas, the placement of kiosks and cafes, and the authorization of nighttime closures. 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.

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§ 43-15 Existing Public Amenities for which Floor Area Bonuses Have Been Received

ZR § 43-15

(a)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.

(b)Kiosks and open air cafes Kiosks 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 publicly accessible open areas The Commission may, upon application, authorize the closing of an existing publicly accessible open area for which a floor area bonus has been received, during certain nighttime hours pursuant to Section 37-727 (Hours of access).

(d)Elimination or reduction of existing public amenities No existing arcade, 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, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).

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