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What is NYC ZR § 139-47?

Quick Answer

This section allows the City Planning Commission to authorize modifications to bulk regulations for zoning lots containing schools. Modifications can include changes to maximum building height and exempted floor space, subject to specific conditions and findings. Applies to owners of zoning lots that include schools.

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

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§ 139-47 Authorization for sites containing schools

ZR § 139-47

For zoning lots containing schools regulated by the provisions of Section 139-214 (Special floor area provisions for zoning lots containing schools), the City Planning Commission may authorize the modification of any bulk regulation, including the amount of floor space exempted from the definition of floor area by Section 139-214, in order to better accommodate a school upon such zoning lot.

(a)Conditions(1) No modification to the maximum building height shall exceed 30 feet; and

(2)No modification to the amount of floor space exempted from the definition of floor area shall exceed an additional 60,000 square feet of floor space.

(b)FindingsIn determining such modifications, the Commission shall find:

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

(3)the proposed modification will not have adverse effects upon light, air, and privacy of adjacent properties and of any existing buildings on the zoning lot.

Applications for authorizations shall be referred to the affected Community Board for a period of at least 30 days for comment. The Commission shall grant in whole or in part or deny the application within 60 days of the completion of the Community Board review period.

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