Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC ZR § 107-74?

Quick Answer

This section allows the City Planning Commission to grant special permits for specific residential building types in R2 and R3-1 Districts, under certain conditions aimed at preserving trees, enhancing privacy, and concentrating development outside designated open spaces. Applies to developers seeking modifications in permitted use regulations.

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

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 107-74 Modification of Permitted Use Regulations

ZR § 107-74

For any development, the City Planning Commission may grant special permits to allow semi-detached or attached single-family residences in R2 Districts and attached single- or two-family residences in R3-1 Districts. As a condition for granting such special permits, the Commission shall find that:

(a)only by modifying the residential building type, the preservation of trees over six-inch caliper and of existing topography can be assured;

(b)by inclusion of the proposed residential building types, better standards of privacy and usable open space can be achieved; and

(c)if the zoning lot is located in the designated open space, the prohibition of development on the designated open space requires the permitted development to be concentrated in the remaining portion of the tract.

Common Questions

Our team

Meet the people you will work with

Free case review

Talk to an attorney before you act on NYC code.

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters