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What is NYC ZR § 107-78?

Quick Answer

This section allows the City Planning Commission to grant special permits for buildings to encroach on designated open spaces if development is not feasible otherwise. The Commission must ensure that such encroachments minimize interference with the open space while allowing reasonable development. Applies to property owners seeking to develop in designated open spaces.

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

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§ 107-78 Other Buildings Permitted in Designated Open Space

ZR § 107-78

On any zoning lot located partially within the designated open space, the City Planning Commission may grant a special permit to allow a building to encroach on the designated open space where development is not feasible without encroachment on the designated open space. As a condition for permitting such construction, the Commission shall find that the development, as authorized, will result in the minimum interference with the designated open space that must be permitted in order to allow reasonable development and bulk distribution under the regulations of the underlying district or as such regulations are modified by the provisions of this Chapter.

The Commission may prescribe appropriate conditions and safeguards to enhance the character of the designated open space.

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