NYC Zoning Resolution

§ 104-60 — MODIFICATION OF BULK REQUIREMENTS AND TRANSFER OF FLOOR AREA BY SPECIAL PERMIT

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What is NYC ZR § 104-60?

Quick Answer

This section allows the City Planning Commission to modify height and setback requirements and transfer floor area by special permit. Modifications aim to meet design flexibility and compatibility with surrounding areas while ensuring access to light and air. Applies to developers seeking adjustments to zoning regulations.

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

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§ 104-60 MODIFICATION OF BULK REQUIREMENTS AND TRANSFER OF FLOOR AREA BY SPECIAL PERMIT

ZR § 104-60

The City Planning Commission may, by special permit:

modify the special height and setback requirements of Section 104-30 (SPECIAL HEIGHT AND SETBACK REQUIREMENTS), inclusive, provided the Commission finds that such modifications are necessary to: meet programmatic and mechanical requirements; achieve 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, buildings and properties; provide flexibility of architectural design and encourage more attractive building forms; and result in a development or enlargement that is compatible with development in the surrounding area.

meet programmatic and mechanical requirements;

achieve 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, buildings and properties;

provide flexibility of architectural design and encourage more attractive building forms; and

result in a development or enlargement that is compatible with development in the surrounding area.

permit the transfer of floor area from any granting site to a receiving site for a development that requires modification of the special height and setback requirements of Section 104-30, inclusive, provided the Commission finds: such transfer complies with the general requirements set forth in paragraphs (a), (b), (c) and (d) of Section 104-51; the distribution of floor area on the receiving site does not adversely affect the character of the surrounding area by unduly concentrating floor area in any portion of Subdistrict A; and where such transfer is from a granting site on Blocks A, C or D, it shall also comply with the provisions of paragraphs (b) and (c) of Section 104-52 (Transfer of Floor Area by Notice).

such transfer complies with the general requirements set forth in paragraphs (a), (b), (c) and (d) of Section 104-51;

the distribution of floor area on the receiving site does not adversely affect the character of the surrounding area by unduly concentrating floor area in any portion of Subdistrict A; and

where such transfer is from a granting site on Blocks A, C or D, it shall also comply with the provisions of paragraphs (b) and (c) of Section 104-52 (Transfer of Floor Area by Notice).

modify the applicable bulk requirements for any development or enlargement that is subject to the provisions of Section 74-681 (Development within or over a railroad or transit right-of-way or yard), except floor area ratio provisions, provided that such bulk modifications will: not unduly obstruct access to light and air to surrounding streets and properties; and be compatible with the essential character of the surrounding area.

not unduly obstruct access to light and air to surrounding streets and properties; and

be compatible with the essential character of the surrounding area.

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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