NYC Zoning Resolution

§ 81-653 — Special permit for transfer of development rights from landmarks to non-qualifying sites

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What is NYC ZR § 81-653?

Quick Answer

This section allows the City Planning Commission to authorize the transfer of development rights from landmark sites to non-qualifying sites, under specific conditions. The statute details the limitations on floor area transfers and the irrevocable reduction of development potential on the granting lot. Applies to property owners involved in development rights transfers.

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

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§ 81-653 Special permit for transfer of development rights from landmarks to non-qualifying sites

ZR § 81-653

For non-qualifying sites, the City Planning Commission may permit the transfer of development rights from a granting lot to a receiving lot within the surrounding area, pursuant to the provisions of Section 81-213 (Special provisions for transfer of development rights from landmark sites in certain areas), provided that:

the maximum amount of floor area that may be transferred from a granting lot shall be the applicable basic maximum floor area set forth in Section 81-65 (Special Floor Area Provisions for All Non-qualifying Sites), less the total floor area of all existing buildings on the landmark zoning lot, and any previously transferred floor area. In no event shall a granting lot transfer any previously granted bonus floor area received for subway station improvements, publicly accessible open areas or the provision of district improvements pursuant to the provisions of this Chapter, or any preceding regulations;

for each receiving lot, the increased floor area allowed by the transfer of development rights pursuant to this Section shall not exceed the amount resulting in the maximum floor area ratio set forth in Row F of the table in Section 81-65; and

each transfer, once completed, shall irrevocably reduce the amount of floor area that may be developed or enlarged on the granting lot by the amount of floor area transferred.

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