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What is NYC ZR § 73-01?

Quick Answer

This section outlines the authority of the Board of Standards and Appeals to grant special permits for specific uses, modifications of regulations, and renewals of certain permits. It establishes the conditions that must be met for these actions to be approved. Applies to property owners seeking special permits or modifications in designated districts.

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

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§ 73-01 General Provisions

ZR § 73-01

In harmony with the general purpose and intent of this Resolution and in accordance with the provisions set forth in this Chapter, the Board of Standards and Appeals may, in an appropriate case:

(a)grant special permits for specified uses in specific districts (referred to hereinafter as special permit uses);

(b)permit specified modifications of the use or bulk regulations of this Resolution;

(c)permit the renewal of revoked building permits as provided in Sections 11-31 to 11-33, inclusive, relating to Building Permits Issued before Effective Date of Amendment; or

(d)permit the renewal of a variance, exception, or permit issued by the Board prior to December 15, 1961, in accordance with the provisions of Section 11-41 relating to Exceptions, Variances, or Permits Previously Authorized;

provided that, in each specific case, the requirement for findings as set forth in this Chapter (or in the Sections referred to in paragraph (c) or (d) of this Section) shall constitute a condition precedent to the grant of such special permit, modification, or renewal.

In addition to meeting the requirements, conditions, and safeguards prescribed by the Board as set forth in this Chapter, each such special permit use shall conform to and comply with all of the applicable district regulations on use, bulk, supplementary use regulations, regulations applying along district boundaries, accessory signs, accessory off-street parking and off-street loading, and all other applicable provisions of this Resolution, except as otherwise specifically provided in this Chapter or as they may be modified in accordance with paragraph (b) of this Section. In the case of required accessory off-street parking, such use shall satisfy the requirements specified for such uses in Sections 25-31, 36-21 or 44-21 (General Provisions) except that, where no parking requirement is specified therein, such use shall satisfy the requirements set forth in this Chapter.

In the waterfront area, the powers of the Board to grant special permits are made inapplicable or modified in accordance with the provisions of Section 62-131 (Applicability of Article VII, Chapter 3).

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