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What is NYC ZR § 52-332?

Quick Answer

This section outlines the conditions under which non-conforming uses in Residence Districts may be changed to conforming uses or specific commercial uses permitted in C7 Districts. It establishes performance standards and screening requirements for such changes. Applies to property owners managing non-conforming uses in designated Residence Districts.

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

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§ 52-332 Other buildings or structures in Residence Districts

ZR § 52-332

In all Residence Districts, a non-conforming use that is listed in Use Groups IV, VI, VII, VIII, IX or X and not permitted as-of-right within C7 Districts, and which is not subject to the provisions of Sections 52-32 (Land with Minor Improvements) or 52-331 (Buildings designed for residential use), may be changed either to a conforming use or:

(a)to any commercial use permitted as-of-right within C7 Districts, other than those listed in Use Group V, in which case any subsequent change of use shall conform to the provisions of Section 52-34 (Commercial Uses in Residence Districts); or

(b)in accordance with the provisions of the following table:

From Use Group

To Use Group

VI, VII, VIII, IX(A), IX(C)

IV, IX(B), X

V, VI, VII, VIII, IX, X

provided that such changed use shall conform to all regulations on performance standards applicable in M1 Districts, and that any such changed use, or the storage of materials or products accessory to any changed use, which is not located within a completely enclosed building, shall be screened by a solid wall or fence (including solid entrance or exit gates) at least eight feet in height. Whenever a use located within a completely enclosed building is changed to another use, no activity related to such changed use, including the storage of materials or products, shall be located outside of such building.

In no event shall any change of use permitted in paragraph (b) of this Section extend the statutory period of useful life applicable under the provisions of Section 52-74 (Uses Objectionable in Residence Districts).

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