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What is NYC ZR § 105-431?

Quick Answer

This section allows the City Planning Commission to authorize modifications to lot coverage controls for developments on Tier II sites or within steep slope areas on Tier I sites. The statute outlines criteria for granting such modifications, ensuring minimal impact on natural features and the surrounding character. Applies to property developers seeking lot coverage adjustments.

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

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§ 105-431 Modification of lot coverage controls

ZR § 105-431

For any development or enlargement on a Tier II site or within a steep slope or a steep slope buffer on a Tier I site, the City Planning Commission may authorize variations in the lot coverage controls set forth in Section 105-33.

In order to grant such authorization, the Commission shall find that:

(a)the development or enlargement is not feasible without such modification, or that the requested modification will permit a development or enlargement that satisfies the purpose of this Chapter;

(b)by allowing the permitted floor area in a building or buildings of lower height to cover more land, the preservation of hillsides having aesthetic value to the public would be assured, and that such preservation would not be possible by careful siting of a higher building containing the same permitted floor area on less land;

(c)such modification is the least modification required to achieve the purpose for which it is granted;

(d)the modification has minimal impact on the existing natural topography and vegetation and blends harmoniously with it;

(e)the modification will not disturb the drainage pattern and soil conditions of the area; and

(f)the modification does not impair the essential character of the surrounding area.

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