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What is NYC ZR § 78-353?

Quick Answer

This section allows for an increase in the permitted residential floor area ratio and a corresponding decrease in the required open space ratio for large-scale residential developments in R4 or R5 Districts, provided that at least two-thirds of the required off-street parking is enclosed. Applies to developers of large-scale residential projects.

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

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§ 78-353 Bonus for enclosed parking

ZR § 78-353

In R4 or R5 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 provisions of Section 78-34 (Special Permit Provisions for Certain Large-scale Developments), the permitted residential floor area ratio may be increased over the amount earned by other provisions of Section 78-35 (Special Bonus Provisions) and the required open space ratio for the large-scale residential development as a whole correspondingly decreased as set forth in this Section provided that at least two-thirds of the required off-street parking is enclosed.

District

Increase in Floor Area Ratio

Decrease in Open Space Ratio

R4

.25

14.5

R5

10.0

For any large-scale residential developments comprising buildings of not more than four stories receiving a bonus under this Section, the Commission may modify where appropriate the requirements of Section 23-734 (Permitted obstructions in open space).

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