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What is NYC ZR § 43-121?

Quick Answer

This section permits the expansion of existing manufacturing buildings that were in place before December 15, 1961, allowing enlargements provided certain floor area and floor area ratio limits are met. The City Planning Commission and City Council must approve expansions that exceed specific thresholds. Applies to owners of manufacturing properties in designated zoning districts.

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

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§ 43-121 Expansion of existing manufacturing buildings

ZR § 43-121

M1 M2 M3

In all districts, as indicated, where a building or other structure used for a conforming manufacturing use was in existence prior to December 15, 1961, such building or other structure may be expanded for a manufacturing use. Such expansion may consist of an enlargement, or additional development, on the same zoning lot, provided that:

the resulting total floor area shall not be greater than: 150 percent of the floor area existing on December 15, 1961; or 110 percent of the maximum floor area otherwise permitted under the provisions of Section 43-12 (Maximum Floor Area Ratio).

150 percent of the floor area existing on December 15, 1961; or

110 percent of the maximum floor area otherwise permitted under the provisions of Section 43-12 (Maximum Floor Area Ratio).

the resulting floor area ratio shall not exceed the highest of: 150 percent of the maximum floor area ratio otherwise permitted under the provisions of Section 43-12; 110 percent of the floor area ratio existing on December 15, 1961; or a floor area ratio of 2.4, provided that in the event this paragraph, (b)(3), is utilized, the City Planning Commission shall administratively certify and the City Council approve, that such expansion will not adversely affect the surrounding area.

150 percent of the maximum floor area ratio otherwise permitted under the provisions of Section 43-12;

110 percent of the floor area ratio existing on December 15, 1961; or

a floor area ratio of 2.4, provided that in the event this paragraph, (b)(3), is utilized, the City Planning Commission shall administratively certify and the City Council approve, that such expansion will not adversely affect the surrounding area.

Within M3-2 Districts in the portion of Queens Community District 2 located within a Subarea 2 Designated Area (as set forth in APPENDIX J of this Resolution), the provisions of this Section shall also apply where a building or other structure on a zoning lot larger than two acres used for a conforming manufacturing use was in existence prior to December 31, 1965.

The parking reduction provisions of Section 44-26 (Special Provisions for Expansion of Existing Manufacturing Buildings) shall apply to such expansion.

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