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What is NYC ZR § 119-314?

Quick Answer

This section allows the City Planning Commission to authorize modifications to lot coverage controls for developments or enlargements that meet specific criteria. The modifications must ensure feasibility, preserve aesthetic hillsides, have minimal impact on natural conditions, and maintain the character of the surrounding area. Applies to developers seeking adjustments to lot coverage regulations.

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

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§ 119-314 Modification of lot coverage controls

ZR § 119-314

For any development or enlargement subject to Section 119-211 (Lot coverage, floor area and density regulations), the City Planning Commission may authorize variations in the lot coverage controls.

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 requested has minimal impact on the existing natural topography and vegetation and blends harmoniously with it;

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

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

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