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What is NYC ZR § 145-412?

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This section allows the City Planning Commission to authorize modifications in Subdistrict A regarding the distribution of total floor area, lot coverage, and dwelling units across zoning lots without regard for zoning lot lines. It includes specific conditions and application requirements, and applies to property owners within Subdistrict A.

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

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§ 145-412 Authorization for additional modifications in Subdistrict A

ZR § 145-412

In conjunction with an application pursuant to Section 145-411 (Certification for public realm improvements in Subdistrict A), the City Planning Commission may, by authorization, allow the total floor area, lot coverage, dwelling units or rooming units permitted by the applicable district regulations for all zoning lots within Subdistrict A to be distributed without regard for zoning lot lines. Additionally, the Commission may modify other bulk regulations, other than floor area ratio.

All such modifications shall be subject to the conditions and limitations set forth in paragraph (a), the application requirements of paragraph (b) and the findings set forth in paragraph (c) of this Section.

Conditions and limitations For zoning lots or portions thereof within 150 feet of Bronxdale Avenue, modifications to maximum permitted building height shall not apply. For zoning lots or portions thereof beyond 150 feet of Bronxdale Avenue, the maximum permitted building height may be modified provided that such modification does not result in an increase that exceeds 13 percent of the maximum building height, as set forth in paragraph (b) of Section 145-23 (Height and Setback Regulations).

Application requirements Applications for an authorization for modifications pursuant to this Section shall contain materials, of sufficient scope and detail, to enable the Commission to determine the extent of the proposed modifications.

Findings The Commission shall find that: such distribution of floor area, lot coverage, dwelling units, or rooming units will result in a better site plan, and will not: unduly increase the bulk of buildings to the detriment of the occupants of buildings in the block or nearby blocks; or adversely affect any other zoning lots outside of the Subdistrict, by restricting access to light and air; and modifications to other bulk regulations will not unduly obstruct the access of light and air to surrounding streets and properties nor adversely affect the character of the surrounding area, and will result in an improved distribution of bulk that is harmonious with the surrounding area.

such distribution of floor area, lot coverage, dwelling units, or rooming units will result in a better site plan, and will not: unduly increase the bulk of buildings to the detriment of the occupants of buildings in the block or nearby blocks; or adversely affect any other zoning lots outside of the Subdistrict, by restricting access to light and air; and

unduly increase the bulk of buildings to the detriment of the occupants of buildings in the block or nearby blocks; or

adversely affect any other zoning lots outside of the Subdistrict, by restricting access to light and air; and

modifications to other bulk regulations will not unduly obstruct the access of light and air to surrounding streets and properties nor adversely affect the character of the surrounding area, and will result in an improved distribution of bulk that is harmonious with the surrounding area.

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

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