NYC Zoning Resolution

§ 74-904 — Non-profit or voluntary hospitals in R9 or R10 Districts and certain Commercial Districts

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

What is NYC ZR § 74-904?

Quick Answer

This section allows the City Planning Commission to grant special permits for non-profit or voluntary hospitals located in R9 or R10 Districts, or certain commercial districts, to modify floor area ratios and bulk regulations under specific conditions. Applies to non-profit hospitals seeking to expand or modify existing facilities.

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 →

§ 74-904 Non-profit or voluntary hospitals in R9 or R10 Districts and certain Commercial Districts

ZR § 74-904

For a zoning lot occupying an entire block located in an R9 or an R10 District, or in commercial districts mapped within, or with a residential equivalent of an R9 or an R10 District, partially within the Special Park Improvement District, and containing a non-profit or voluntary hospital and related facilities, as listed in Use Group III(B), the City Planning Commission may, by special permit, allow the modifications set forth in paragraph (a) of this Section, provided the conditions set forth in paragraph (b) and findings set forth in paragraph (c) are met.

The Commission may allow an increase in the maximum community facility floor area ratio by up to a maximum of 20 percent. A floor area bonus pursuant to this Section may be used in combination with a floor area bonus permitted pursuant to Section 66-51 (Additional Floor Area for Mass Transit Station Improvements), and the combination of such bonuses may exceed 20 percent of the maximum floor area ratio otherwise permitted. In connection with such floor area bonus, the Commission may allow modifications to applicable bulk regulations.

In order to grant a special permit pursuant to this Section, the following conditions shall be met: a minimum floor area of 95 percent of any development or enlargement on such zoning lot will be allocated to such hospital use; the bonus floor area allowed pursuant to this Section shall be exclusively allocated to such hospital use; and the amount of floor area to be located on the portion of such zoning lot within the Special Park Improvement District shall not exceed a floor area ratio of 10.0.

a minimum floor area of 95 percent of any development or enlargement on such zoning lot will be allocated to such hospital use;

the bonus floor area allowed pursuant to this Section shall be exclusively allocated to such hospital use; and

the amount of floor area to be located on the portion of such zoning lot within the Special Park Improvement District shall not exceed a floor area ratio of 10.0.

In order to grant a special permit pursuant to this Section, the Commission shall find that: the public benefit derived from such proposed hospital development or enlargement merits the additional floor area being granted pursuant to this special permit; where bulk modifications are utilized, such modifications will provide a more satisfactory physical relationship to existing hospital buildings or other structures on the zoning lot, and facilitate a more efficient and integrated site plan; and where bulk modifications are utilized, the distribution of bulk on the zoning lot will result in a satisfactory site plan and urban design relationships of buildings or other structures to adjacent streets and the surrounding area.

the public benefit derived from such proposed hospital development or enlargement merits the additional floor area being granted pursuant to this special permit;

where bulk modifications are utilized, such modifications will provide a more satisfactory physical relationship to existing hospital buildings or other structures on the zoning lot, and facilitate a more efficient and integrated site plan; and

where bulk modifications are utilized, the distribution of bulk on the zoning lot will result in a satisfactory site plan and urban design relationships of buildings or other structures to adjacent streets and the surrounding area.

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

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