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What is NYC ZR § 35-31?

Quick Answer

This section establishes the maximum floor area ratio for commercial, community facility, and residential uses within specified zoning districts. It outlines how shared floor areas are attributed to different uses and provides exceptions for non-residential uses changing to residential. Applies to building owners in designated zoning lots.

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

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§ 35-31 Maximum Floor Area Ratio

ZR § 35-31

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In the districts indicated, the provisions of this Section shall apply to any zoning lot subject to the provisions of this Chapter.

The maximum floor area ratio permitted for a commercial or community facility use shall be as set forth in Article III, Chapter 3, and the maximum floor area ratio permitted for a residential use shall be as set forth in Article II, Chapter 3, except as set forth in Section 35-30 (APPLICABILITY OF FLOOR AREA AND OPEN SPACE REGULATIONS), inclusive. The total of all such floor area ratios shall not exceed the greatest floor area ratio permitted for any such use on the zoning lot, except where explicitly stated otherwise. Special rules for certain areas are set forth in Section 35-36 (Special Floor Area Ratio and Related Bulk Provisions for Certain Areas).

Where floor area in a building is shared by multiple uses, the floor area for such shared portion shall be attributed to each use proportionately, based on the percentage each use occupies of the total floor area of the zoning lot less any shared floor area.

A non-residential use occupying a portion of a building that was in existence on December 15, 1961, may be changed to a residential use and the regulations on maximum floor area ratio shall not apply to such change of use.

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