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What is NYC ZR § 99-23?

Quick Answer

This section allows the City Planning Commission to waive maximum building height requirements for zoning lots in the Upper East Side Historic District that contain landmark buildings. The waiver is contingent on compliance with preservation goals and maintenance programs established by the Landmarks Preservation Commission. Applies to property owners in designated historic districts.

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

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§ 99-23 Authorization to Waive Midblock Transition Portion Height Limitation

ZR § 99-23

For a zoning lot in the Upper East Side Historic District, which zoning lot also contains a landmark building or style building to be preserved or, where a zoning lot is not located in the Upper East Side Historic District and the zoning lot contains a building to be preserved which the Landmarks Preservation Commission has designated as a landmark or certifies in a report by the staff or the Commission to be comparable to a style building, the City Planning Commission may authorize the waiver of the maximum building height requirements of Section 99-22 (Special Height and Setback Regulations) provided the City Planning Commission finds that:

the development or enlargement complies with the goals and purposes of the Special Madison Avenue Preservation District, as specified in Section 99-00 (GENERAL PURPOSES);

the development or enlargement will not alter either the character of the neighborhood or the character sought to be achieved by the Special District;

the development or enlargement will have a harmonious relationship with the building to be preserved; and

the Landmarks Preservation Commission reports that a program for continued maintenance of the building to be preserved has been established.

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