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What is NYC ZR § 42-314?

Quick Answer

This section outlines use regulations in specific M1 Districts in Queens, allowing residential use under certain conditions and bulk regulations. It specifies that in M1-5 and M1-6 Districts, no new dwelling units are allowed, but existing units occupied since September 1, 1980, may be permitted. Applies to building owners in designated M1 Districts.

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

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§ 42-314 Use regulations in certain M1-1, M1-5 and M1-6 Districts

ZR § 42-314

In the M1-1 District bounded by 95th Avenue, 148th Street, 97th Avenue and 147th Place in Community District 12 in the Borough of Queens, the use regulations of an M1 District shall apply, except that residential use is allowed subject to the bulk regulations of Section 43-01 (Applicability of This Chapter) and the accessory off-street parking regulations of Section 44-024 (Applicability of regulations in an M1-1 District in Community District 12 in the Borough of Queens).

In M1-5 and M1-6 Districts, except for M1-6D Districts, located within the rectangle formed by West 31st Street, Eighth Avenue, West 30th Street, and Sixth Avenue, no new dwelling units shall be permitted. However, dwelling units which the Chairperson of the City Planning Commission determines were occupied on September 1, 1980, shall be a permitted use provided that a complete application to permit such use is filed by the owner of the building or the occupant of a dwelling unit in such building not later than June 21, 1983. Such dwelling units shall comply with the requirements of Section 15-024 (Special bulk regulations for certain pre-existing dwelling units and joint living-work quarters for artists). For the purposes of Article 7C of the New York State Multiple Dwelling Law, such a determination of residential occupancy on September 1, 1980, shall be deemed to permit residential use as-of-right for such dwelling units.

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