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What is NYC ZR § 81-90?

Quick Answer

This section establishes special regulations for zoning lots in the Preservation Subdistrict, limiting the maximum floor area ratio to 8.0 and mandating street wall heights. The City Planning Commission may grant special authorization for minor modifications under certain conditions. Applies to building owners in the C5-P District.

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

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§ 81-90 SPECIAL REGULATIONS FOR PRESERVATION SUBDISTRICT

ZR § 81-90

In order to conform with the existing scale and character of the Preservation Subdistrict, any zoning lot located in the underlying C5-P District shall be limited to a maximum floor area ratio of 8.0, except as permitted in Sections 81-211 (Maximum floor area ratio for non-residential or mixed buildings) or 81-241 (Maximum floor area ratios for a residential building or the residential portion of a mixed building).

For all purposes other than as set forth in this Section, the R10 District regulations shall apply to any portion of a building containing residential uses.

Mandatory street walls are required as follows:

The street wall of any building shall be located on the street line and shall extend along the full length of the front lot line to a minimum height of 72 feet above the curb level, or the full height of 72 feet above the curb level, or the full height of the building, whichever is less. Above a height of 85 feet, the street wall shall be set back at least 15 feet from the street line and shall be subject to the sky exposure plane regulations of Section 33-432 (In other Commercial Districts) applicable in C5 Districts. The provisions of Sections 33-44 (Alternate Front Setbacks) and 33-45 (Tower Regulations) are not applicable in the Preservation Subdistrict.

On application, the City Planning Commission may grant special authorization for minor modifications of the mandatory street wall provisions of this Section as applied to an enlargement, upon the applicant's showing of compelling necessity. Such authorization, however, may in no event include modification of permitted floor area regulations.

For qualifying affordable housing or qualifying senior housing, the height and setback provisions of Section 81-25 (General Provisions Relating to Height and Setback of Buildings) shall apply as alternate regulations to the provisions of this Section.

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