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What is NYC ZR § 105-02?

Quick Answer

This section outlines the general provisions applicable to developments, enlargements, site alterations, and public improvement projects within the Special Natural Area District. It mandates that applications for permits must be submitted to the City Planning Commission for review and approval. Applies to property owners within designated Special Natural Area Districts.

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

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§ 105-02 General Provisions

ZR § 105-02

In harmony with the general purpose and intent of this Resolution and the general purposes of the Special Natural Area District, the regulations of the districts upon which this Special District is superimposed are supplemented or modified in accordance with the provisions of this Chapter, in order to protect outstanding natural features described herein. Except as modified by the express provisions of this Chapter, the regulations of the underlying district remain in effect.

The provisions of this Chapter shall apply to:

(a)any development, enlargement or site alteration;

(b)any subdivision of a zoning lot existing on the effective date of the Special District designation into two or more zoning lots; and

(c)any public improvement projects located within the Special Natural Area District, which shall be subject to the provisions of Sections 105-92 (Special Provisions for City-owned Land) and 105-93 (Inter-agency Coordination), except for any such projects which were approved by the Board of Estimate prior to the effective date of the Special District designation.

Prior to issuance by the Department of Buildings or other City or State agencies, of a permit for any development, enlargement or site alteration within a Special Natural Area District, or for any site alteration for which no permit is required by the Department of Buildings or other City or State agencies, an application shall be submitted to the City Planning Commission for review and approval pursuant to Section 105-40 (SPECIAL REVIEW PROVISIONS), except those developments, enlargements and site alterations that are not subject to the provisions of Section 105-40, as specified in Section 105-021 (Actions not requiring special review).

Any authorization or special permit granted by the City Planning Commission after July 18, 1995, pursuant to the provisions of this Chapter, may be started or continued, in accordance with the terms thereof, or as such terms may be subsequently modified, pursuant to the regulations in effect at the time such authorization or special permit was granted, subject to the provisions of Sections 11-42 (Lapse of Authorization or Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution) and 11-43 (Renewal of Authorization or Special Permit).

When a zoning lot existing on the effective date of the Special District designation is subdivided into two or more zoning lots, an application shall be submitted to the Commission for review and approval pursuant to Section 105-90 (FUTURE SUBDIVISION).

For transit-adjacent sites, as defined in Section 66-11 (Definitions), in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI, Chapter 6 shall control.

In flood zones, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Zones), the provisions of Article VI, Chapter 4, shall control.

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