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What is NYC ZR § 105-441?

Quick Answer

This section allows the City Planning Commission to permit certain residential developments in specified zoning districts, including R2 and R3-1, under specific conditions related to land size and natural feature preservation. Applies to property developers and owners in designated zoning areas seeking modifications to use regulations.

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

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§ 105-441 Modification of use regulations

ZR § 105-441

In addition to any use modifications which may be granted under the provisions of Section 105-701 (Applicability of large-scale residential development regulations), the City Planning Commission may permit semi-detached or attached single-family residences in R2 Districts and attached single- or two-family residences in R3-1 Districts.

Furthermore, except in the Special Natural Area District-1 (NA-1), the Commission may permit semi-detached or attached single-family residences in R1-2 Districts provided that the development or enlargement is on a tract of land of at least four acres, and provided the Commission finds that:

(a)the preservation of natural features requires the permitted development to be concentrated to the extent feasible in the remaining portion of the tract;

(b)for such concentration of development, better standards of privacy and usable open space can be and are achieved under the development plan by inclusion of the proposed residential building types;

(c)the change of housing type constitutes the most effective method of preserving natural features;

(d)the aggregate width of street walls of a number of residential buildings separated by party walls shall not exceed 100 feet;

(e)the proposed street system for the tract of land to be developed is so located as to draw a minimum of vehicular traffic to and through streets in the adjacent area; and

(f)the existing topography, vegetation and proposed planting effectively screen all attached single-family residences from the lot lines along the perimeter of the tract of land to be developed.

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