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What is NYC ZR § 32-421?

Quick Answer

This section limits the number of stories that may be occupied by commercial uses in specified districts to two. It outlines conditions under which commercial uses can coexist with residential units, including restrictions on conversions and access between uses. Applies to building owners in C1, C2, and C3 districts.

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

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§ 32-421 Limitation on floors occupied by commercial uses

ZR § 32-421

C1 C2 C3

In the districts indicated, in any building, or portion of a building, not more than two stories may be occupied by commercial uses listed in Use Groups VI through X.

However, for buildings containing residences:

no conversion shall be permitted from dwelling units to such commercial uses on a second story: in a building constructed before September 17, 1970 and located in C1 or C2 Districts mapped within, or with an equivalent of, an R9 or R10 District; or in a building constructed before June 6, 2024, in all other districts;

in a building constructed before September 17, 1970 and located in C1 or C2 Districts mapped within, or with an equivalent of, an R9 or R10 District; or

in a building constructed before June 6, 2024, in all other districts;

the environmental requirements set forth in Section 32-423 shall be met, where applicable;

such commercial uses may be permitted on the same story as residences, provided that no access exists between such uses at any level containing dwelling units;

no commercial uses shall be located above any story containing dwelling units; and

in C1 or C2 Districts that are select commercial overlays the following commercial uses shall not be permitted on the second story where such story also contains dwelling units:From Use Group VIIIAll uses listed under Amusement and Recreation FacilitiesAccessory mechanical equipment serving commercial uses listed in such use groups shall not be subject to the location restrictions of this Section.

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