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What is NYC ZR § 97-412?

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This section establishes the maximum floor area ratio for zoning lots within the Park Avenue Hub Subdistrict, setting a standard of 12.0. It outlines requirements for non-residential and visual or performing arts floor space. Applies to property owners in the specified subdistrict seeking to develop or enlarge properties.

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

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§ 97-412 Maximum floor area ratio in the Park Avenue Hub Subdistrict

ZR § 97-412

Within the Park Avenue Hub Subdistrict, as shown on Map 1 in Appendix A of this Chapter, the maximum floor area ratio for zoning lots is set forth in paragraph (a) of this Section, and is modified for certain zoning lots in accordance with paragraph (b) of this Section.

Maximum floor area ratio The maximum floor area ratio shall be 12.0. Where a development or enlargement contains residential floor area, such zoning lot shall satisfy the provisions of either: a minimum non-residential floor area ratio of 1.5 shall be provided on such zoning lot. Such floor area shall not include any floor area containing a transient hotel; or a minimum floor area ratio of 0.5, or a minimum amount of floor space equivalent to such 0.5 floor area ratio, shall be provided on such zoning lot. Such floor area or equivalent floor space shall be exclusively used for those visual or performing arts uses, designated in paragraph (b) of Section 97-11 (Special Arts and Entertainment Uses), and shall be certified by the Chairperson of the City Planning Commission to the Commissioner of Buildings that the conditions set forth in Section 97-42 (Certification for floor area bonus for visual or performing arts uses) have been met. Where the provisions of Article VI, Chapter 3 (Special Regulations Applying to FRESH Food Stores) apply, the total floor area permitted for such zoning lot may be increased by one square foot of residential floor area for each square foot of floor area of a FRESH food store, as defined by Article VI, Chapter 3, up to 20,000 square feet.

a minimum non-residential floor area ratio of 1.5 shall be provided on such zoning lot. Such floor area shall not include any floor area containing a transient hotel; or

a minimum floor area ratio of 0.5, or a minimum amount of floor space equivalent to such 0.5 floor area ratio, shall be provided on such zoning lot. Such floor area or equivalent floor space shall be exclusively used for those visual or performing arts uses, designated in paragraph (b) of Section 97-11 (Special Arts and Entertainment Uses), and shall be certified by the Chairperson of the City Planning Commission to the Commissioner of Buildings that the conditions set forth in Section 97-42 (Certification for floor area bonus for visual or performing arts uses) have been met. Where the provisions of Article VI, Chapter 3 (Special Regulations Applying to FRESH Food Stores) apply, the total floor area permitted for such zoning lot may be increased by one square foot of residential floor area for each square foot of floor area of a FRESH food store, as defined by Article VI, Chapter 3, up to 20,000 square feet.

Where the provisions of Article VI, Chapter 3 (Special Regulations Applying to FRESH Food Stores) apply, the total floor area permitted for such zoning lot may be increased by one square foot of residential floor area for each square foot of floor area of a FRESH food store, as defined by Article VI, Chapter 3, up to 20,000 square feet.

Modified maximum floor area ratio for certain zoning lots For zoning lots existing on or before November 30, 2017, with a lot area of less than 5,000 square feet, or for zoning lots subject to the provisions of paragraph (a)(4) of Section 27-131 (Mandatory Inclusionary Housing), or for zoning lots that include a transit easement in accordance with the applicable provisions of Article IX, Chapter 5 (Special Transit Land Use District), the maximum floor area ratios set forth in paragraph (a) of this Section shall be modified, as follows: the minimum non-residential floor area requirements set forth in paragraph (a) of this Section shall be optional for zoning lots existing on or before November 30, 2017, with a lot area of less than 5,000 square feet or for zoning lots that include a transit easement in accordance with the applicable provisions of Article IX, Chapter 5 (Special Transit Land Use District). For zoning lots utilizing the provisions of this paragraph, the minimum non- residential floor area or visual or performing arts space requirements set forth in paragraph (a) of this Section shall not apply; for zoning lots, subject to the provisions of paragraphs (a)(4)(i) or (a)(4)(iii) of Section 27-131, the maximum residential floor area for standard residences set forth in Section 23-22 (Floor Area Regulations for R6 Through R12 Districts); for zoning lots utilizing the provisions of paragraph (b)(1) or (b)(2) of this Section, the maximum overall floor area ratio shall be 10.0, except that such maximum floor area ratio may be increased up to a maximum floor area ratio of 12.0, provided that for every four square feet of bonused floor area, an amount of space equivalent to one square foot of floor area shall be used for those visual or performing arts uses designated in paragraph (b) of Section 97-11 (Special Arts and Entertainment Uses). Such bonused floor area shall be permitted only upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings that the conditions set forth in Section 97-42 have been met; and for zoning lots utilizing the provisions of paragraph (b)(2) of this Section, such maximum floor area ratio may also be increased pursuant to the provisions of Article VI, Chapter 3.

the minimum non-residential floor area requirements set forth in paragraph (a) of this Section shall be optional for zoning lots existing on or before November 30, 2017, with a lot area of less than 5,000 square feet or for zoning lots that include a transit easement in accordance with the applicable provisions of Article IX, Chapter 5 (Special Transit Land Use District). For zoning lots utilizing the provisions of this paragraph, the minimum non- residential floor area or visual or performing arts space requirements set forth in paragraph (a) of this Section shall not apply;

for zoning lots, subject to the provisions of paragraphs (a)(4)(i) or (a)(4)(iii) of Section 27-131, the maximum residential floor area for standard residences set forth in Section 23-22 (Floor Area Regulations for R6 Through R12 Districts);

for zoning lots utilizing the provisions of paragraph (b)(1) or (b)(2) of this Section, the maximum overall floor area ratio shall be 10.0, except that such maximum floor area ratio may be increased up to a maximum floor area ratio of 12.0, provided that for every four square feet of bonused floor area, an amount of space equivalent to one square foot of floor area shall be used for those visual or performing arts uses designated in paragraph (b) of Section 97-11 (Special Arts and Entertainment Uses). Such bonused floor area shall be permitted only upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings that the conditions set forth in Section 97-42 have been met; and

for zoning lots utilizing the provisions of paragraph (b)(2) of this Section, such maximum floor area ratio may also be increased pursuant to the provisions of Article VI, Chapter 3.

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