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What is NYC ZR § 77-23?

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This section outlines the computation of required open space for zoning lots based on their location within various districts. It specifies how to calculate open space ratios and the conditions under which open space is required. Applies to property owners managing zoning lots with specified open space requirements.

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

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§ 77-23 Open Space Ratio

ZR § 77-23

The open space required for such zoning lot shall be computed separately for each portion of the zoning lot under the applicable regulations of the underlying districts. The total open space provided on the zoning lot shall not be less than the sum of such required open space so computed.

For portions of the zoning lot located in districts that have required open space ratios, the required open space for each such portion is computed by multiplying the lot area of that portion, by the maximum floor area ratio permitted for the applicable type of building or buildings, by the minimum open space ratio required at that floor area ratio, divided by 100.

For portions of the zoning lot located in other districts that do not have required open space ratios but do have required open space, the required open space for each such portion is computed by multiplying the lot area of that portion, by the minimum percentage of open space required, divided by 100.

For portions of the zoning lot located in districts that do not have a required open space ratio or required open space, no open space shall be required but any required yards, or publicly accessible open area provided, for which a floor area or lot area bonus is taken, shall be in addition to the amount of open space required on the remaining portion of the zoning lot. No open area may be counted twice in fulfilling these requirements.

The required open space may be located anywhere on the zoning lot subject to all other regulations of this Resolution and provided that the open space ratio for any portion of the zoning lot within one district shall not be less than 60 percent of the required open space ratio for that district.

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