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What is NYC ZR § 81-23?

Quick Answer

This section allows for an increase in the maximum floor area ratio for non-residential or mixed buildings within the Special Midtown District based on the provision of public plazas. The bonus is limited to six square feet for each square foot of plaza, with specific exceptions outlined. Applies to building owners in the Special Midtown District.

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

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§ 81-23 Floor Area Bonus for Public Plazas

ZR § 81-23

Within the Special Midtown District, for each square foot of public plaza provided on a zoning lot, the basic maximum floor area permitted on that zoning lot under the provisions of Section 81-211 (Maximum floor area ratio for non-residential or mixed buildings) may be increased by six square feet, provided that in no case shall such bonus floor area exceed a floor area ratio of 1.0.

This Section shall be applicable in all underlying districts throughout the Special Midtown District, except that there shall be no floor area bonus for a public plaza that is:

(a)on zoning lots in the C5P District within the Preservation Subdistrict;

(b)within 50 feet of a street line of a designated street on which retail or street wall continuity is required, pursuant to Sections 81-42 (Retail Continuity Along Designated Streets) or 81-43 (Street Wall Continuity Along Designated Streets);

(c)on a zoning lot, any portion of which is within the Theater Subdistrict Core, as defined in Section 81-71 (General Provisions); and

(d)on zoning lots, any portion of which is in the Grand Central Core Area, as shown on Map 2 (East Midtown Subdistrict and Subareas) in Appendix A of this Chapter, or on qualifying sites, as defined in Section 81-613, in any other subarea of the East Midtown Subdistrict.

All public plazas provided within the Special Midtown District shall comply with the requirements for public plazas set forth in Section 37-70, inclusive.

A major portion of a public plaza may overlap with a sidewalk widening which may be provided to fulfill the minimum pedestrian circulation space requirements set forth in Section 81-45 (Pedestrian Circulation Space), provided that the overlapping portion of the public plaza also conforms to the design standards of Section 37-50 (REQUIREMENTS FOR PEDESTRIAN CIRCULATION SPACE) for a sidewalk widening. Such sidewalk widening may be included in the major portion of a public plaza for purposes of calculating the proportional restrictions set forth in Section 37-715.

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