NYC Zoning Resolution

§ 94-094 — Authorization provisions for transfer of development rights to receiving lots

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What is NYC ZR § 94-094?

Quick Answer

This section allows the City Planning Commission to authorize the transfer of development rights from a granting lot to a receiving lot, subject to specific conditions. The statute aims to ensure that developments contribute positively to the area and do not exceed maximum floor area limits. Applies to property owners involved in development projects requiring such transfers.

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

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§ 94-094 Authorization provisions for transfer of development rights to receiving lots

ZR § 94-094

The City Planning Commission, on application after public notice and hearing, may authorize the addition of all or any portion of the development rights from a granting lot to the permitted floor area of a receiving lot, provided that:

(a)the maximum floor area for any development on a receiving lot does not exceed the maximum floor area permitted by Section 94-092 (Maximum floor area ratio);

(b)the development shall aid in achieving the general purposes and intent of this Chapter as set forth in Section 94-00 (GENERAL PURPOSES);

(c)the design of the development shall not impair the character of the surrounding area or its future development;

(d)the distribution of the bulk on the receiving lot permits adequate access of light and air to surrounding streets and properties;

(e)the traffic created by the development will not create or contribute to serious traffic congestion and will make adequate provisions for unconstrained pedestrian circulation; and

(f)the requirements set forth in Sections 94-093 (Transfer of development rights from granting lots), 94-12 (Recordation) and 94-13 (Certification) are satisfied.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

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