Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC ZR § 74-853?

Quick Answer

This section outlines the findings required by the City Planning Commission to permit bonus floor area for covered pedestrian spaces. It emphasizes the importance of public access, commercial uses, and adequate light and air for surrounding properties. Applies to developers seeking floor area bonuses for pedestrian amenities.

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

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 74-853 Findings for covered pedestrian spaces

ZR § 74-853

As a condition for permitting such bonus floor area, the City Planning Commission shall find that:

(a)the proposed covered pedestrian space will have a useful role in meeting existing needs for sheltered space for the comfort and convenience of the general public;

(b)the proposed covered pedestrian space is located at or close to the principal level of pedestrian circulation in adjacent areas, with prominent and obvious public entrances;

(c)the public character of the proposed covered pedestrian space shall be obvious from the outside of the building;

(d)appropriate commercial uses including, but not limited to, small stores and cafes fronting on the covered pedestrian space are provided;

(e)the distribution of the bulk on the zoning lot permits satisfactory access of light and air to surrounding streets and properties; and

(f)the proposed connection to an underground subway station from a covered pedestrian space is necessary to ease pedestrian movement and sidewalk congestion in the area and the construction cost of the proposed amenity is substantial enough to justify the granting of additional floor area ratio bonus.

The Commission may permit modification of the entrance requirements for covered pedestrian spaces, provided that the Commission finds that the entrance is so designed as to ensure prominent public notice and promote public pedestrian circulation through such space.

Common Questions

Our team

Meet the people you will work with

Free case review

Talk to an attorney before you act on NYC code.

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters