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What is NYC ZR § 107-73?

Quick Answer

This section allows the City Planning Commission to grant special permits to modify height regulations under specific conditions. The Commission must ensure that the proposed development does not impair the character of the area, preserves topography or views, and utilizes the site's unique characteristics. Applies to developers seeking height modifications in designated districts.

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

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§ 107-73 Exceptions to Height Regulations

ZR § 107-73

For any development, the City Planning Commission may grant a special permit to modify the height regulations as set forth in Section 23-42 (Height and Setback Requirements in R1 Through R5 Districts) and Section 107-43, provided that the Commission finds that:

(a)such development is so located as not to impair the essential character of the surrounding area;

(b)by concentrating permitted floor area in a building or buildings of greater height covering less land, the preservation of existing topography, designated open space or the protection of an outstanding view from a public space, will be assured, and that such preservation would not be possible by careful siting of lower buildings containing the same permitted floor area and covering more land; and

(c)that the development's design proposals take full advantage of all special characteristics of the site.

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