NYC Zoning Resolution

§ 96-23 — Special Permit for Modification of Height and Setback Regulations

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What is NYC ZR § 96-23?

Quick Answer

This section allows the City Planning Commission to grant special permits for modifications of height and setback regulations for developments that increase the floor area ratio by no more than 2.0, provided such modifications improve site planning. Applies to developers seeking to alter building dimensions in specified areas.

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

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§ 96-23 Special Permit for Modification of Height and Setback Regulations

ZR § 96-23

Except within the Eighth Avenue Perimeter Area set forth in Section 96-22, the City Planning Commission, by special permit, may permit modification of height and setback regulations for developments or enlargements which have generated an increase in the floor area ratio of not more than 2.0 under the provisions of Section 96-21 (Special Regulations for 42nd Street Perimeter Area), provided that such modification is necessary to achieve better site planning.

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

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