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What is NYC ZR § 82-50?

Quick Answer

This section prohibits the elimination or reduction in size of existing publicly accessible open areas or public amenities that have utilized a floor area bonus, unless a special permit is granted by the City Planning Commission. It also outlines conditions under which non-bonused open areas may be altered. Applies to building owners with publicly accessible open areas.

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

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§ 82-50 EXISTING PUBLICLY ACCESSIBLE OPEN AREAS

ZR § 82-50

No existing publicly accessible open area or other public amenity, open or enclosed, for which a floor area bonus has been utilized shall be eliminated or reduced in size, except by special permit of the City Planning Commission, pursuant to Section 74-761 (Elimination or reduction in size of public amenities).

Any existing open area for which a floor area bonus has not been utilized that occupies the same zoning lot as an existing publicly accessible open area or other public amenity, open or enclosed, for which a floor area bonus has been utilized, may be reduced in size or eliminated only upon certification of the Chairperson of the City Planning Commission that all bonused amenities comply with the standards under which such floor area bonus was granted.

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