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What is NYC ZR § 73-641?

Quick Answer

This section allows the Board of Standards and Appeals to permit modifications to zoning regulations for new buildings or enlargements, provided certain findings are met. The modifications aim to ensure that developments integrate well with existing buildings and serve essential community needs. Applies to applicants with a history of ownership and use of the property since December 15, 1961.

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

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§ 73-641 Integration of new buildings or enlargements with existing buildings

ZR § 73-641

For any such new building or enlargement, subject to the required findings set forth in this Section, the Board of Standards and Appeals may permit modifications of the applicable regulations in Sections 24-38, 33-28 or 43-28 (Special Provisions for Through Lots), or in Sections 24-50 through 24-55, inclusive, paragraphs (b) through (d) of Section 24-56, Sections 33-40 through 33-45, inclusive, or Sections 43-41 through 43-45, inclusive, relating to Height and Setback Regulations, or in Sections 24-61 through 24-65, inclusive, Section 33-51, or Section 43-51, relating to Court Regulations and Minimum Distance between Windows and Walls or Lot Lines, provided that on December 15, 1961, the applicant owned the zoning lot or any portion thereof, and continuously occupied and used one or more buildings located thereon for a specified community facility use, from December 15, 1961, until the time of application. However, for Quality Housing buildings utilizing the height and setback regulations of Article II, Chapter 3, as required by Sections 24-50 and 33-40, the Board shall not permit modification to the provisions of Sections 23-67 through 23-69, inclusive.

As a condition of granting such modification, the Board shall find:

(a)that such modification is required in order to enable such use to provide an essential service to the community;

(b)that without such modification there is no way to design and construct the new buildings or enlargements in satisfactory physical relationships to the existing buildings which are to remain upon the site, so as to produce an integrated development; and

(c)that such modification is the minimum modification necessary to permit the development of such integrated community facility, and thereby creates the least detriment to the character of the neighborhood and the use of nearby zoning lots.

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