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What is NYC ZR § 78-351?

Quick Answer

This section outlines the requirements for common open space and site plan modifications for large-scale residential developments in specific zoning districts. It specifies the minimum open space ratios and maximum floor area ratios, along with restrictions on the use of common open space. Applies to developers and property operators in designated residential and commercial districts.

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

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§ 78-351 Common open space and good site plan

ZR § 78-351

The provisions of this Section shall not apply to any zoning lot subdivided to under four acres after January 1, 1972, nor to any large-scale residential development for which authorization has been granted by the City Planning Commission prior to July 31, 1972.

In R3-2 or R4 Districts, or in Commercial Districts in which residential buildings are governed by the bulk regulations of such Residence Districts, for any large-scale residential development which complies with the requirements of Section 78-34 (Special Permit Provisions for Certain Large-scale Developments), the permitted residential floor area ratio, required open space ratio and density regulations for the large-scale residential development as a whole may be modified as set forth in this Section. At least 25 percent of the total required open space is to be provided in common areas meeting the requirements of Section 78-52 (Common Open Space). No portion of such common open space is to be used for driveways or off-street parking. The findings required in paragraph (e) of Section 78-313 (Findings) are to be satisfied.

District

Maximum Floor Area Ratio

Minimum Open Space Ratio

R3-2

.60

125.0

R4

1.00

66.5

The maximum number of dwelling units shall equal the total residential floor area permitted divided by the applicable factor in Section 23-50 (DENSITY REGULATIONS).

In R5 Districts, or in Commercial Districts in which residential buildings are governed by the bulk regulations of such Residence Districts, at least 25 percent of the total required open space is to be provided in common areas that meet the requirements of Section 78-52. No portion of such common open space is to be used for driveways or off-street parking. All findings required in paragraph (c) of Section 78-313 are to be satisfied.

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