Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC ZR § 52-34?

Quick Answer

This section regulates the change of non-conforming commercial uses in Residence Districts to conforming uses or permitted commercial uses in C1 Districts. It specifies that size limitations associated with certain uses do not apply during this change. Applies to property owners in Residence Districts considering changes to commercial uses.

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

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 52-34 Commercial Uses in Residence Districts

ZR § 52-34

In all Residence Districts, a non-conforming use that is listed in Use Groups IV, VI, VII, VIII, IX or X and permitted as-of-right within C7 Districts, may be changed, initially or in any subsequent change, only to a conforming use or to a commercial use permitted as-of-right in C1 Districts, other than those listed in Use Group V. In the case of any such change any associated size limitation denoted with an “S” in the underlying Use Group tables, need not apply. Eating or drinking establishments where such establishment provides entertainment with a cover charge or specified showtime, or includes a dance floor, thus permitted as a change of use, shall be subject to the enclosure provisions of Section 32-411 (In C1, C5, C6-5 or C6-7 Districts).

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 52-34?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters