NYC Zoning Resolution

§ 81-634 — Permitted modifications in conjunction with additional floor area

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What is NYC ZR § 81-634?

Quick Answer

This section allows the City Planning Commission to permit modifications to street walls, height and setback regulations, and mandatory plan elements in conjunction with a special permit for Grand Central public realm improvements. The modifications are contingent upon meeting specific application requirements and findings. Applies to property developers seeking special permits for modifications 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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§ 81-634 Permitted modifications in conjunction with additional floor area

ZR § 81-634

In conjunction with the grant of a special permit pursuant to Section 81-633 (Special permit for Grand Central public realm improvements), the City Planning Commission may permit modifications to street walls, height and setback regulations and mandatory plan elements, as set forth in paragraph (a) of this Section, provided that the Commission determines that the application requirements set forth in paragraph (b) and the findings set forth in paragraph (c) of this Section are met.

(a)The Commission may modify the following, whether singly or in any combination:

(1)the street wall regulations of Sections 81-43 (Street Wall Continuity Along Designated Streets) or 81-671 (Special street wall requirements), inclusive;

(2)the height and setback regulations of Sections 81-26 (Height and Setback Regulations - Daylight Compensation), inclusive, 81-27 (Alternate Height and Setback Regulations - Daylight Evaluation), inclusive, or 81-66 (Special Height and Setback Requirements); or

(3)the mandatory district plan elements of Sections 81-42 (Retail Continuity Along Designated Streets), 81-44 (Curb Cut Restrictions), 81-45 (Pedestrian Circulation Space), 81-46 (Off-street Relocation or Renovation of a Subway Stair), 81-47 (Major Building Entrances), 81-48 (Off-street Improvement of Access to Rail Mass Transit Facility), 81-674 (Ground floor use provisions), 81-675 (Curb cut restrictions and loading berth requirements), 81-676 (Pedestrian circulation space requirements) or 37-50 (REQUIREMENTS FOR PEDESTRIAN CIRCULATION SPACE), inclusive, except that no modifications to the required amount of pedestrian circulation space set forth in Section 37-51 shall be permitted.

(b)Application requirementsApplications for a special permit for modifications pursuant to this Section shall contain materials, of sufficient scope and detail, to enable the Commission to determine the extent of the proposed modifications. In addition, where modifications to street wall or height and setback regulations are proposed, any application shall contain the following materials, at a minimum:

(c)FindingsThe Commission shall find that such proposed modifications:

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

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