NYC Zoning Resolution

§ 75-412 — Developments on lots under one and a half acres that include railroad right-of-ways

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What is NYC ZR § 75-412?

Quick Answer

This section outlines the conditions under which a railroad right-of-way may be excluded from the lot area of a zoning lot less than one and a half acres. It requires certification from the Chairperson of the City Planning Commission to the Department of Buildings, ensuring that site plans and access to streets are properly addressed. Applies to developers of small zoning lots adjacent to railroad right-of-ways.

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

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§ 75-412 Developments on lots under one and a half acres that include railroad right-of-ways

ZR § 75-412

A railroad right-of-way that would otherwise be considered a block boundary may not be included in the lot area of a zoning lot less than one and a half acres unless the Chairperson of the City Planning Commission certifies to the Department of Buildings that:

a site plan has been submitted showing: the total lot area, including any railroad right-of-way or platform over a railroad right-of-way; and that the zoning lot has direct access to one or more streets;

the total lot area, including any railroad right-of-way or platform over a railroad right-of-way; and

that the zoning lot has direct access to one or more streets;

the affected railroad entity or entities have indicated in writing that the proposed development or enlargement will not interfere with current or future railroad operations.

Certification by the Chairperson shall be a precondition to the issuance of any building permit, including any foundation or alteration permit, for any development or enlargement under this Section.

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