House and Lot

Yes you can sell after it is developed. It is a common way to max the building size. Do so I recommend bringing in a lawyer and architect as a team early on in your thought process.

Definition

Zoning lot
A “zoning lot” is either:
(a) a lot of record existing on December 15, 1961 or any
applicable subsequent amendment thereto;
(b) a tract of land, either unsubdivided or consisting of two or
more contiguous lots of record, located within a single
#block#, which, on December 15, 1961 or any applicable
subsequent amendment thereto, was in single ownership;
(c) a tract of land, either unsubdivided or consisting of two or
more lots of record contiguous for a minimum of ten linear
feet, located within a single #block#, which at the time of
filing for a building permit (or, if no building permit is
required, at the time of the filing for a certificate of
occupancy) is under single fee ownership and with respect to
which each party having any interest therein is a party in
interest (as defined herein); or
(d) a tract of land, either unsubdivided or consisting of two or
more lots of record contiguous for a minimum of ten linear
feet, located within a single #block#, which at the time of
filing for a building permit (or, if no building permit is
required, at the time of filing for a certificate of
occupancy) is declared to be a tract of land to be treated
as one #zoning lot# for the purpose of this Resolution.
Such declaration shall be made in one written Declaration of
Restrictions covering all of such tract of land or in
separate written Declarations of Restrictions covering parts
of such tract of land and which in the aggregate cover the
entire tract of land comprising the #zoning lot#. Any
Declaration of Restrictions or Declarations of Restrictions
which individually or collectively cover a tract of land are
referred to herein as “Declarations”. Each Declaration
shall be executed by each party in interest (as defined
herein) in the portion of such tract of land covered by such
Declaration (excepting any such party as shall have waived
its right to execute such Declaration in a written
instrument executed by such party in recordable form andrecorded at or prior to the recording of the Declaration).
Each Declaration and waiver of right to execute a
Declaration shall be recorded in the Conveyances Section of
the Office of the City Register or, if applicable, the
County Clerk’s Office of the county in which such tract of
land is located, against each lot of record constituting a
portion of the land covered by such Declaration.
A #zoning lot#, therefore, may or may not coincide with a
lot as shown on the official tax map of the City of New
York, or on any recorded subdivision plat or deed.
Parcels within City-owned tracts of land located in Broad
Channel within the boundaries of Community Board 14 in the
Borough of Queens that were numerically identified for
leasing purposes on maps filed in the Office of Borough
President prior to December 15, 1961, may be considered as
individual lots of record as of September 10, 1981.
(e) For purposes of the provisions of paragraph (c) hereof:
(1) Prior to issuing a building permit or a certificate of
occupancy, as the case may be, the Department of
Buildings shall be furnished with a certificate issued
to the applicant therefor by a title insurance company
licensed to do business in the State of New York
showing that each party having any interest in the
subject tract of land is a party in interest (as
defined herein); and
(2) A “party in interest” in the tract of land shall
include only (W) the fee owner thereof, (X) the holder
of any enforceable recorded interest superior to that
of the fee owner and which could result in such holder
obtaining possession of all or substantially all of
such tract of land, (Y) the holder of any enforceable
recorded interest in all or substantially all of such
tract of land which would be adversely affected by the
#development# thereof and (Z) the holder of any
unrecorded interest in all or substantially all of such
tract of land which would be superior to and adversely
affected by the #development# thereof and which would
be disclosed by a physical inspection of the tract of
land.
(f) For purposes of the provisions of paragraph (d) hereof:
(1) Prior to issuing a building permit or a certificate of
occupancy, as the case may be, the Department of
Buildings shall be furnished with a certificate issued
to the applicant therefor by a title insurance company
licensed to do business in the State of New York
showing that each party in interest (excepting those
parties waiving their respective rights to jointherein, as set forth in this definition) has executed
the Declaration and that the same, as well as each such
waiver, have been duly recorded;
(2) The Buildings Department, in issuing a building permit
for construction of a #building or other structure# on
the #zoning lot# declared pursuant to paragraph (d)
above or, if no building permit is required, in issuing
a certificate of occupancy for such #building or other
structure#, shall accept an application for same from
and, if all conditions for issuance of same are
fulfilled, shall issue same to any party to the
Declaration;
(3) By their execution and recording of a Declaration, the
parties to the Declaration, and all parties who have
waived their respective rights to execute such
Declaration, shall be deemed to have agreed that no
breach by any party to the Declaration, or any
agreement ancillary thereto, shall have any effect on
the treatment of the tract of land covered by the
Declaration as one #zoning lot# for purposes of this
Resolution and such tract of land shall be treated as
one #zoning lot# unless such #zoning lot# is subdivided
in accordance with the provisions of this Resolution;
and
(4) A “party in interest” in the portion of the tract of
land covered by a Declaration shall include only (W)
the fee owner or owners thereof, (X) the holder of any
enforceable recorded interest in all or part thereof
which would be superior to the Declaration and which
could result in such holder obtaining possession of any
portion of such tract of land, (Y) the holder of any
enforceable recorded interest in all or part thereof
which would be adversely affected by the Declaration,
and (Z) the holder of any unrecorded interest in all or
part thereof which would be superior to and adversely
affected by the Declaration and which would be
disclosed by a physical inspection of the portion of
the tract of land covered by the Declaration.
A #zoning lot# may be subdivided into two or more #zoning lots#,
provided that all resulting #zoning lots# and all #buildings#
thereon shall comply with all of the applicable provisions of
this Resolution. If such #zoning lot#, however, is occupied by a
#non-complying building#, such #zoning lot# may be subdivided
provided such subdivision does not create a new #non-compliance#
or increase the degree of #non-compliance# of such #building#.
Where ownership of a #zoning lot# or portion thereof was effected
prior to the effective date of this amendment, as evidenced by an
attorney’s affidavit, any #development#, #enlargement# or
alteration on such #zoning lot# may be based upon such prioreffected ownership as then defined in the #zoning lot# definition
of Section 12-10. Such prior leasehold agreements shall be duly
recorded prior to August 1, 1978.
Prior to the issuance of any permit for a #development# or
#enlargement# pursuant to this Resolution a complete metes and
bounds of the #zoning lot#, the tax lot number, the block number
and the ownership of the #zoning lot# as set forth in paragraphs
(a), (b), (c) and (d) herein shall be recorded by the applicant
in the Conveyances Section of the Office of the City Register
(or, if applicable, the County Clerk’s Office) of the county in
which the said #zoning lot# is located. The #zoning lot#
definition in effect prior to the effective date of this
amendment shall continue to apply to Board of Standards and
Appeals approvals in effect at the effective date hereof.