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What is NYC ZR § 146-41?

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This section allows the City Planning Commission to authorize an increase in the maximum floor area ratio for zoning lots in specific districts, provided a public plaza is included. The Commission must determine that certain conditions and findings are met. Applies to building owners in C6-3A, C6-3X, and M1-4A/R9A Districts.

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

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§ 146-41 Authorization for a Public Plaza

ZR § 146-41

In C6-3A, C6-3X and M1-4A/R9A Districts, for zoning lots with a lot area of at least 30,000 square feet, the City Planning Commission may authorize an increase in the maximum floor area ratio where a public plaza is provided on the zoning lot in accordance with the provisions of Section 37-70 (PUBLIC PLAZAS), inclusive.

In conjunction with such floor area bonus, the Commission may authorize modifications to the applicable bulk regulations of this Resolution, or to the regulations governing public plazas in Section 37-70, inclusive.

In order to grant such authorization, the Commission shall determine that the conditions and limitations of paragraph (a) and the findings of paragraph (b) are met.

Conditions and limitations The following conditions and limitations shall apply: For the purposes of determining the bonus ratio in Commercial Districts with a residential equivalent of an R9 District, or in M1 Districts paired with an R9 District, the underlying bonus ratio for a C6-3 District shall apply. The floor area bonus resulting from applying such ratio shall not exceed 20 percent of the maximum floor area ratio otherwise permitted by the district. Modifications to the maximum permitted building height shall not result in an increase that exceeds 25 percent of the maximum building height otherwise permitted by the applicable district regulations; and Modifications to the regulations governing public plazas shall be limited to: the basic design criteria set forth in Section 37-71, inclusive, other than the area dimensions of Section 37-712; the access and circulation provisions set forth in Section 37-72, inclusive, other than hours of access set forth in Section 37-727; and the types and standards for amenities, set forth in Section 37-74, inclusive.

For the purposes of determining the bonus ratio in Commercial Districts with a residential equivalent of an R9 District, or in M1 Districts paired with an R9 District, the underlying bonus ratio for a C6-3 District shall apply. The floor area bonus resulting from applying such ratio shall not exceed 20 percent of the maximum floor area ratio otherwise permitted by the district.

Modifications to the maximum permitted building height shall not result in an increase that exceeds 25 percent of the maximum building height otherwise permitted by the applicable district regulations; and

Modifications to the regulations governing public plazas shall be limited to: the basic design criteria set forth in Section 37-71, inclusive, other than the area dimensions of Section 37-712; the access and circulation provisions set forth in Section 37-72, inclusive, other than hours of access set forth in Section 37-727; and the types and standards for amenities, set forth in Section 37-74, inclusive.

the basic design criteria set forth in Section 37-71, inclusive, other than the area dimensions of Section 37-712;

the access and circulation provisions set forth in Section 37-72, inclusive, other than hours of access set forth in Section 37-727; and

the types and standards for amenities, set forth in Section 37-74, inclusive.

Findings The Commission shall find that: the public benefit derived from the public plaza merits the amount of additional floor area being granted pursuant to this Section; the public plaza will be well-integrated with the overall pedestrian circulation network and contribute to an enhanced streetscape; any modifications to bulk are the minimum extent necessary to reasonably accommodate the public plaza and the additional floor area granted pursuant to this Section and will not unduly obstruct access to light and air to surrounding streets and properties; and any modifications to public plaza regulations are the minimum extent necessary, and will better align such public plaza regulations with unique site configurations or with the mixed-use character of the neighborhood.

the public benefit derived from the public plaza merits the amount of additional floor area being granted pursuant to this Section;

the public plaza will be well-integrated with the overall pedestrian circulation network and contribute to an enhanced streetscape;

any modifications to bulk are the minimum extent necessary to reasonably accommodate the public plaza and the additional floor area granted pursuant to this Section and will not unduly obstruct access to light and air to surrounding streets and properties; and

any modifications to public plaza regulations are the minimum extent necessary, and will better align such public plaza regulations with unique site configurations or with the mixed-use character of the neighborhood.

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

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