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What is NYC ZR § 74-95?

Quick Answer

This section allows the City Planning Commission to permit modifications to bulk regulations for residential developments on zoning lots with irregular site conditions, provided specific findings are met. The modifications aim to address practical difficulties without adversely affecting neighboring properties. Applies to developers of residential buildings on irregularly shaped lots.

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

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§ 74-95 Bulk Modifications for Irregular Sites

ZR § 74-95

For developments or enlargements of buildings containing residences on zoning lots with irregular site conditions, the City Planning Commission may permit modifications to the applicable bulk regulations, other than floor area ratio, provided that the following findings are met:

there are physical conditions, including, but not limited to, irregular lot size or shape, topographical features, the presence of an existing building or proximity to transportation infrastructure, that creates practical difficulties in complying with the applicable residential bulk regulations and would adversely affect the configuration of residences or the building site plan;

the practical difficulties of developing on the zoning lot have not been created by the owner or by a predecessor in title;

the proposed modifications will not unduly obstruct access to light and air to adjoining properties or streets;the proposed scale and placement of the development or enlargement relates harmoniously with the surrounding area; and

the requested modification is necessary to relieve such practical difficulties.

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

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