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What is NYC ZR § 93-58?

Quick Answer

This section allows the City Planning Commission to modify height and setback regulations within the Special Hudson Yards District for certain developments. Modifications are contingent upon findings related to bulk distribution, access to light and air, site planning, architectural design flexibility, and compatibility with surrounding areas. Applies to developers of large zoning lots or entire block fronts.

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

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§ 93-58 Special Permit for Modification of Height and Setback Regulations

ZR § 93-58

Within the Special Hudson Yards District, except within C1-7A Districts, or C2-5 Districts mapped within R8A Districts, for developments or enlargements on zoning lots with at least 20,000 square feet of lot area or developments or enlargements on any size zoning lot that occupy the entire block front along a wide street, the City Planning Commission may modify the regulations set forth in Sections 93-40 (HEIGHT AND SETBACK REGULATIONS), inclusive, and 93-50 (SPECIAL HEIGHT AND SETBACK REGULATIONS), inclusive, and, within Subdistrict F, may modify or waive the regulations set forth in Sections 93-10 (USE REGULATIONS), inclusive, 93-70 (PUBLIC ACCESS REQUIREMENTS FOR SPECIAL SITES), inclusive, and 13-242 (Maximum width of curb cuts), provided the Commission finds that:

such modifications will result in a better distribution of bulk on the zoning lot and will not adversely affect access to light and air for surrounding public access areas, streets and properties;

where the regulations set forth in Section 93-70 are modified or waived, the resulting arrangement of public access areas on the zoning lot results in better site planning;

such modifications are consistent with the goal of the special district to provide flexibility of architectural design and encourage more attractive building forms;

such modifications will result in a development or enlargement that enhances the streetscape and will be compatible with development in the surrounding area; and

(e)such modifications to the curb cut regulations are necessary to accommodate a turnaround area for fire apparatus and other vehicular traffic.

The Commission may establish an appropriate level or levels instead of the mean level of the public sidewalk, the mean level of the final grade of open space, the High Line bed, or the highest level of the public sidewalk or finished grade, as applicable, as the reference plane for the applicable regulations relating to the measurement of building heights within Subdistrict F.

The Commission may prescribe additional conditions and safeguards to minimize adverse effects of the development or enlargement on the character of the surrounding area.

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