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What is NYC ZR § 52-35?

Quick Answer

This section outlines the conditions under which non-conforming uses in Commercial Districts may be changed to conforming uses or specific commercial uses permitted in C7 Districts. The statute specifies that any changed use must comply with performance standards and be entirely contained within an enclosed building. Applies to property owners in Commercial Districts considering changes to non-conforming uses.

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

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§ 52-35 Certain Uses in Commercial Districts

ZR § 52-35

In all Commercial 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 Section 52-32 (Land with Minor Improvements), 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 52-36 (Non-Conforming Commercial Uses in Commercial 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

IV, 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 any storage of materials or products accessory to any changed use shall be located within a completely enclosed building. 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.

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