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What is NYC ZR § 42-40?

Quick Answer

This section mandates that all uses established or changed to specific Use Groups in Manufacturing Districts comply with performance standards related to environmental factors such as noise, vibration, and hazardous materials. The Department of Environmental Protection may enforce these standards. Applies to building owners developing or altering properties in designated Manufacturing Districts.

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

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§ 42-40 PERFORMANCE STANDARDS

ZR § 42-40

In all Manufacturing Districts, after December 15, 1961, any use thereafter established or changed to a use listed in Use Group I, IV, VI, VIII, IX or X, and every building or other structure or open area of a zoning lot thereafter developed, constructed, or used for any use listed in Use Group I, IV, VI, VIII, IX or X, shall comply with each and every performance standard governing noise, vibration, smoke and other particulate matter, odorous matter, toxic or noxious matter, radiation hazards, fire and explosive hazards, humidity, heat or glare applicable to the district in which such use, building or other structure or open area is located.

If any existing use or building or other structure is extended, enlarged or reconstructed after December 15, 1961, the applicable district regulations for each and every performance standard shall apply with respect to such extended, enlarged, or reconstructed portion or portions of such use or building or other structure.

In case of any conflict between the Use Groups and the performance standards, the latter shall control.

In case of any conflict between the performance standards and the rules and regulations adopted by the Department of Environmental Protection, the more restrictive shall apply.

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