X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

zoning map The ability to transfer floor area by zoning lot merger derives from two basic principles under the Zoning Resolution. First, under the definition of “zoning lot” set forth at ZR §12-10, it is permissible to merge one’s own lot with any other lot that is located on the same block and contiguous for a minimum of 10 linear feet. In particular, subdivision (d) of the definition states that a zoning lot may consist of “a tract of land … consisting of two or more lots of record contiguous for a minimum of ten linear feet, located within a single block, which … is declared to be … treated as one zoning lot for the purpose of this Resolution.” Second, the ZR regulates compliance on the basis of a zoning lot, not a tax lot or other lot of record. Therefore, after two parcels are merged into a single zoning lot, their compliance with all regulations, including floor area, is evaluated based on the lot area of the merged parcel. Since DOB will, following the zoning lot merger, analyze the floor area compliance based on the entire zoning lot, a zoning lot merger under subdivision (d) may be used to transfer unutilized development rights from one or more contiguous parcels to another that is under separate ownership.

A zoning lot merger under subdivision (d) is required to be documented and evidenced to the DOB by a series of “zoning exhibits” that are intended to confirm that all parties that have an interest in the affected land, e.g., fee owners, ground lessees, lenders and easement holders, have consented to the formation of the zoning lot. This requirement dates from 1977 amendments to the “zoning lot” definition that were intended to address issues arising out of the litigation in Newport Assoc. v. Solow, 30 N.Y.2d 263 (1972). In Newport, a developer ground leasing property had, without the consent of the ground lessor, transferred the excess floor area from that property to an adjacent property it owned and incorporated them into the building he was developing thereon. The 1977 amendments were adopted (1) to avoid situations, such as that in the Solow case, in which parties with an interest in a property have their rights compromised without their consent, and (2) to ensure that the public land records show when and where such transfers had taken place.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

Law Firms Mentioned

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.