NYC Zoning Resolution

§ 144-36 — Certificates of Occupancy for Developments or Enlargements in Public Access Areas

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What is NYC ZR § 144-36?

Quick Answer

This section outlines the requirements for issuing temporary and final certificates of occupancy by the Department of Buildings or the Department of Small Business Services for developments or enlargements that include public access areas. It specifies conditions under which temporary certificates may be granted and the completion timelines for required public access areas. Applies to building owners involved in developments with public access area requirements.

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

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§ 144-36 Certificates of Occupancy for Developments or Enlargements in Public Access Areas

ZR § 144-36

No temporary certificate of occupancy shall be issued by the Department of Buildings or Department of Small Business Services for floor area in a development or enlargement resulting in a public access area requirement under Section 144-31 (Required Public Access Areas) without the substantial completion of the public access area required for such development or enlargement, and no final certificate of occupancy shall be issued prior to the final completion of the required public access area.

Notwithstanding the provisions above, the Department of Buildings or the Department of Small Business Services, as applicable, may issue a temporary certificate of occupancy allowing for floor area allocated to uses listed under Use Group IV(B), IX or X without the substantial completion of the required public access area, in which case the public access area shall be completed within one year of the issuance of the first such certificate of occupancy. Following such one-year period, no additional floor area within the development or enlargement shall receive a certificate of occupancy until the substantial completion of the required public access area.

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