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What is NYC ZR § 73-652?

Quick Answer

This section allows the Board of Standards and Appeals to permit bulk modifications for energy infrastructure and mechanical equipment, provided specific sustainability goals are met. The modifications must be minimal and should not impair the surrounding area's character or future development. Applies to building owners seeking to install energy-related equipment.

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

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§ 73-652 Energy infrastructure equipment and mechanical equipment

ZR § 73-652

The Board of Standards and Appeals may permit the bulk modifications set forth in paragraph (a) of this Section, provided that the findings set forth in paragraph (b) are met.

The Board may permit modifications to all bulk regulations, other than floor area ratio, in order to accommodate energy infrastructure equipment or accessory mechanical equipment.

In order to grant such permit, the Board shall find that: such modifications would facilitate one or more of the following sustainability goals: reduction of the electrical demand of the building on the energy grid; increased energy generation or storage at an essential location for the purposes of operating the energy grid; support compliance with the standards of the New York City Energy Conservation Code (NYCECC); or support compliance with the carbon emission reduction requirements of Local Law 97 of 2019; such modifications are the minimum necessary to allow for an appropriate installation, with consideration for collocation of other uses, whether upon a rooftop, within a building or other structure, or in an open area on the zoning lot; and the proposed modifications will not impair the character or the future use or development of the surrounding area.

such modifications would facilitate one or more of the following sustainability goals: reduction of the electrical demand of the building on the energy grid; increased energy generation or storage at an essential location for the purposes of operating the energy grid; support compliance with the standards of the New York City Energy Conservation Code (NYCECC); or support compliance with the carbon emission reduction requirements of Local Law 97 of 2019;

reduction of the electrical demand of the building on the energy grid;

increased energy generation or storage at an essential location for the purposes of operating the energy grid;

support compliance with the standards of the New York City Energy Conservation Code (NYCECC); or

support compliance with the carbon emission reduction requirements of Local Law 97 of 2019;

such modifications are the minimum necessary to allow for an appropriate installation, with consideration for collocation of other uses, whether upon a rooftop, within a building or other structure, or in an open area on the zoning lot; and

the proposed modifications will not impair the character or the future use or development of the surrounding area.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

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