NYC Zoning Resolution

§ 81-212 — Special provisions for transfer of development rights from landmark sites

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What is NYC ZR § 81-212?

Quick Answer

This section permits the transfer of development rights from granting lots to receiving lots within the Special Midtown District, under specific conditions. It outlines restrictions and provisions applicable to various zoning districts and landmarks. Applies to property owners involved in development rights transfers in designated areas.

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

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§ 81-212 Special provisions for transfer of development rights from landmark sites

ZR § 81-212

In the Special Midtown District, a transfer of development rights from granting lots to receiving lots within the surrounding area, as defined in Section 75-421 (Definitions), shall be permitted in accordance with the provisions of this Section.

For the purposes of applying the term surrounding area, as set forth in Section 75-421 (Definitions), the provisions pertaining to Commercial Districts where the maximum floor area ratio for commercial uses is 15.0 shall also apply to zoning lots in C6-5.5, C6-6.5 or C6-7T Districts.

Except in the East Midtown Subdistrict and Theater Subdistrict, the transfer of development rights shall be permitted in accordance with the provisions of Section 75-42 (Transfer of Development Rights from Landmarks). However, the provisions of paragraph (a) of Section 75-422 (Certification to transfer development rights from landmarks) shall be subject to the restrictions set forth in the table in Section 81-211 (Maximum floor area ratio for non-residential or mixed buildings) for the development rights (FAR) of a landmark granting lot, as defined in Section 75-421, for transfer purposes. Wherever there is an inconsistency between any provision in Section 75-42 and the table in Section 81-211, the table in Section 81-211 shall apply.

Within the East Midtown Subdistrict and Theater Subdistrict, the transfer of development rights may be granted in accordance with the provisions of Section 81-213 (Special provisions for transfer of development rights from landmark sites in certain areas).

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