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What is NYC ZR § 52-44?

Quick Answer

This section allows for the extension of non-conforming residential uses in M1 Districts, provided certain conditions are met. Specifically, residential uses occupying at least 50 percent of the floor area in buildings designed for residential use prior to December 15, 1961, may be extended on the ground floor, with restrictions on unit placement. Applies to building owners with non-conforming residential uses in M1 Districts.

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

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§ 52-44 Non-Conforming Residential Uses in M1 Districts

ZR § 52-44

In an M1 District, a non-conforming residential use occupying at least 50 percent of the floor area of a building which was designed for residential use and erected prior to December 15, 1961, may be extended on the ground floor level provided that no dwelling unit or rooming unit may be located on or below a story occupied by a commercial or manufacturing use. The total number of dwelling units shall be that which would be permitted through the provisions of Section 23-50 (DENSITY REGULATIONS), inclusive, in accordance with the applicable geography.

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