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What is NYC ZR § 64-12?

Quick Answer

This section outlines the applicability of optional zoning provisions for lots located in flood zones. It specifies which provisions may be applied to all zoning lots, those containing flood-resistant buildings, and portions of buildings. Applies to property owners with zoning lots in designated flood zones.

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

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§ 64-12 Applicability

ZR § 64-12

The optional provisions of this Chapter shall apply to zoning lots located wholly or partially within flood zones, as follows:

For all zoning lots in the flood zoneThe provisions of Sections 64-31 (Special Bulk Regulations for All Buildings) and 64-41 (Special Parking Regulations for All Buildings), inclusive, may be applied to all zoning lots, regardless of whether buildings or other structures on such zoning lots comply with flood-resistant construction standards.

For zoning lots containing flood-resistant buildingsThe provisions of Sections 64-20 (SPECIAL USE REGULATIONS), 64-32 (Special Bulk Regulations for Flood-resistant Buildings), 64-42 (Special Parking Regulations for Flood-resistant Buildings), and 64-60 (SPECIAL REGULATIONS FOR NON-CONFORMING USES AND NON-COMPLYING BUILDINGS), inclusive, may be applied only to zoning lots containing flood-resistant buildings, including cottage envelope buildings, as applicable, and Section 64-33 (Special Bulk Regulations for Cottage Envelope Buildings) may additionally be applied exclusively to zoning lots containing cottage envelope buildings. Where such provisions are utilized, the provisions of Section 64-50 (STREETSCAPE REGULATIONS), inclusive, shall apply.

For portions of buildingsThe following provisions may be applied to portions of buildings as follows: the provisions of Section 64-311 (Special floor area modifications for all buildings) may be applied to portions of buildings, regardless of whether such portions comply with flood-resistant construction standards; the provisions of Section 64-32 (Special Bulk Regulations for Flood-resistant Buildings), inclusive, may be applied to portions of buildings, provided that such portions comply with flood-resistant construction standards for the entirety of its vertically contiguous segments. Where such provisions are utilized within portions of buildings, the provisions of Section 64-50, inclusive, shall apply.

the provisions of Section 64-311 (Special floor area modifications for all buildings) may be applied to portions of buildings, regardless of whether such portions comply with flood-resistant construction standards;

the provisions of Section 64-32 (Special Bulk Regulations for Flood-resistant Buildings), inclusive, may be applied to portions of buildings, provided that such portions comply with flood-resistant construction standards for the entirety of its vertically contiguous segments. Where such provisions are utilized within portions of buildings, the provisions of Section 64-50, inclusive, shall apply.

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