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What is NYC ZR § 139-48?

Quick Answer

This section outlines the authorization process for modifications to zoning regulations for large mixed-use developments in Subdistrict B. The City Planning Commission may grant modifications related to use, bulk, and parking regulations, provided specific conditions and findings are met. Applies to developers of zoning lots over 40,000 square feet in Mixed-Use Districts.

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

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§ 139-48 Authorization for Large Mixed-use Sites

ZR § 139-48

In Subdistrict B, for developments on zoning lots located in a Mixed-Use District, on a zoning lot greater than 40,000 square feet in lot area, the City Planning Commission may authorize the modifications set forth in paragraph (a) of this Section, provided that the conditions in paragraph (b) and findings in paragraph (c) are met.

(a)Modifications

The Commission may modify the following regulations:

(1)the use regulations of this Chapter, limited to ground floor use regulations and supplemental use regulations;

(2)the bulk regulations of this Chapter, except floor area ratio regulations, provided that any modifications to height and setback regulations do not exceed the heights permitted in an M1-4 District as set forth in Section 43-43; and

(3)the parking regulations related to the number of required accessory off-street parking spaces and the location and spacing of curb cuts.

(b)Conditions

As conditions for the granting of an authorization pursuant to this Section:

(i)result in a mix of uses on the zoning lot where at least 20 percent of the floor area is associated with Gowanus mix uses;

(ii)not exceed 300 feet in height; and

(iii)be located on a zoning lot where existing buildings will occupy at least 20 percent of the lot coverage.

(c)Findings

In order to grant such authorization, the Commission shall find that:

Upon completion of the development, the zoning lot shall remain in compliance with the conditions set forth in paragraph (b) of this Section. Such requirements shall be reflected in a notice of restrictions recorded against all tax lots comprising such zoning lot, and a copy of such notice shall be provided to the Department of Buildings.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

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