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What is NYC ZR § 128-02?

Quick Answer

This section establishes the regulations applicable within the Special St. George District and clarifies the hierarchy of regulations in case of conflicts. It specifies exceptions for properties related to court houses and public parking garages, as well as conditions for open parking lots. Applies to property owners within the Special St. George District.

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

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§ 128-02 General Provisions

ZR § 128-02

In harmony with the general purpose and intent of this Resolution and the general purposes of the Special St. George District, the regulations of this Chapter shall apply within the Special St. George District. The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control. However, in flood zones, or for transit-adjacent sites, as defined in Section 66-11 (Definitions), in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Hazard Areas), or Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI shall control.

However, the regulations of this Chapter shall not apply to any property that is the subject of a site selection for a court house and public parking garage pursuant to application C080379 PSR. Such property shall be governed by the underlying regulations of this Resolution.

Furthermore, any property that is the subject of a site selection and acquisition for the use of a lot for open parking pursuant to application C080378 PCR may be governed by the regulations of this Chapter or the underlying regulations of this Resolution for a period of two years after October 23, 2008. After October 23, 2010, such property shall be subject to the regulations of this Chapter.

In the North Waterfront Subdistrict, “publicly accessible waterfront open space” shall include on-site and off-site areas, as applicable, as set forth in the approved Proposed Plans, pursuant to Section 128-61 (Special Permit for North Waterfront Sites).

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