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What is NYC ZR § 119-315?

Quick Answer

This section allows the City Planning Commission to authorize modifications to height and setback regulations for Tier II sites. Such modifications require findings related to feasibility, preservation of topography, minimal alteration, soil conditions, and the character of the surrounding area. Applies to developers seeking regulatory flexibility in building design.

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

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§ 119-315 Modification of height and setback regulations

ZR § 119-315

For any Tier II site, the City Planning Commission may authorize variations in the height and setback regulations set forth in Section 119-212 (Height and setback regulations).

In order to grant such authorizations, 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 concentrating permitted floor area in a building or buildings of greater height covering less land, the preservation of existing topography and vegetation and the preservation of hillsides having aesthetic value to the public 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;

(c)such modification is the least modification required to achieve the purpose for which it is granted;

(d)the requested modification will not disturb the soil conditions of the area;

(e)the proposed modification does not impair the essential character of the surrounding area; and

(f)the proposed modification will not have adverse effects upon light, air and privacy of adjacent properties.

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