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What is NYC ZR § 11-413?

Quick Answer

This section allows for the change of use of a property to a conforming use or, under certain conditions, to another non-conforming use. The authorizing agency must ensure that the change does not impair the character or future development of the surrounding area. Applies to property owners seeking to modify the use of their buildings.

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

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§ 11-413 Change of use

ZR § 11-413

Such use may be changed to a conforming use and in appropriate cases the authorizing agency may permit such use to be changed to another non-conforming use which would be permitted under the provisions applicable to non-conforming uses as set forth in Sections 52-31 to 52-36, inclusive, relating to Change of Non-Conforming Use, provided that the authorizing agency finds that such change of use will not impair the essential character or the future use or development of the surrounding area.

In permitting a change to another non-conforming use, such authorizing agency may impose appropriate conditions and safeguards to minimize any adverse effects upon the character of the surrounding area.

For the purposes of this Section, a change of use is a change to another use listed in the same or any other Use Group. A change in ownership or occupancy shall not, by itself, constitute a change of use.

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