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What is NYC ZR § 91-23?

Quick Answer

This section outlines the regulations for increasing the maximum permitted floor area on a zoning lot when a qualifying public plaza is provided. The statute specifies conditions regarding location and district types, and details the floor area bonuses available in certain districts. Applies to building owners developing properties with public plazas.

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

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§ 91-23 Floor Area Bonus for Public Plazas

ZR § 91-23

The maximum permitted floor area on a zoning lot may be increased, in accordance with the following regulations, where a public plaza is provided that meets the requirements of Section 37-70 (PUBLIC PLAZAS):

A floor area bonus for a public plaza shall only be permitted for a development or enlargement that is located: outside the Historic and Commercial Core; outside the South Street Seaport Subdistrict; or beyond 50 feet of a street line of a designated street, except in C6-4 Districts, on which: retail continuity is required, pursuant to Section 91-41 (Regulations for Designated Retail Streets); or street wall continuity is required, pursuant to the regulations for Type 1 or Type 2A street walls pursuant to Section 91-31 (Street Wall Regulations).

outside the Historic and Commercial Core;

outside the South Street Seaport Subdistrict; or

beyond 50 feet of a street line of a designated street, except in C6-4 Districts, on which: retail continuity is required, pursuant to Section 91-41 (Regulations for Designated Retail Streets); or street wall continuity is required, pursuant to the regulations for Type 1 or Type 2A street walls pursuant to Section 91-31 (Street Wall Regulations).

retail continuity is required, pursuant to Section 91-41 (Regulations for Designated Retail Streets); or

street wall continuity is required, pursuant to the regulations for Type 1 or Type 2A street walls pursuant to Section 91-31 (Street Wall Regulations).

Within a C6-4 District, paragraph (a)(3) of this Section shall not apply to the location of a development or enlargement. However, a floor area bonus for a public plaza shall be permitted, provided that such public plaza is located beyond 50 feet of the designated streets referenced in paragraph (a)(3) of this Section.

For each square foot of a public plaza, the basic maximum floor area permitted by Section 91-22 (Floor Area Increase Regulations) may be increased, in C6-4 Districts, by six square feet, to a maximum floor area ratio of 12.0, or 20 percent of the greatest floor area ratio permitted on the zoning lot and, in C5-3, C5-5 and C6-9 Districts, by 10 square feet, to a maximum floor area ratio of 18.0.

When a public plaza that meets the requirements for a floor area bonus is located on a zoning lot divided by a district boundary, the bonusable floor area may be credited to either portion of the zoning lot, notwithstanding the location of the public plaza or the date of the creation of the zoning lot. The amount of bonusable floor area permitted on either portion of the zoning lot shall not exceed the maximum amount of floor area permitted on such portion if it were a separate zoning lot subject to all other provisions of Article VII, Chapter 7.

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