NYC Zoning Resolution

§ 52-45 — Conforming and Non-conforming Residential Uses in M1-1D Through M1-5D Districts

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What is NYC ZR § 52-45?

Quick Answer

This section outlines regulations for enlarging buildings with non-conforming residential uses in M1-1D through M1-5D Districts. The enlargement is limited to an additional 500 square feet or the applicable floor area ratio for an R5 District. Applies to building owners in specified manufacturing districts.

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

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§ 52-45 Conforming and Non-conforming Residential Uses in M1-1D Through M1-5D Districts

ZR § 52-45

In M1-1D, M1-2D, M1-3D, M1-4D and M1-5D Districts, a building containing non-conforming residential uses may be enlarged and the residential uses extended thereby, provided that no non-residential uses exist above the level of the first story ceiling.

Such enlargement is subject to all of the following regulations:

The total amount of residential floor area in the building shall not exceed 500 square feet additional to the residential floor area in existence on December 21, 1989, or the applicable floor area ratio for an R5 District, whichever is less.

All remaining bulk regulations of a C2 District mapped within an R5 District shall apply.

Enlargements in excess of those permitted in this Section may be permitted by authorization of the City Planning Commission, pursuant to the regulations of Section 42-311 (Residential uses in M1-1D through M1-5D Districts).

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