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What is NYC ZR § 54-53?

Quick Answer

This section outlines regulations for enlargements, extensions, conversions, or alterations to residential buildings where 75 percent or more of the floor space is residential. It specifies limitations on increases to non-compliances regarding floor area ratio, open space, and building height. Applies to building owners of residential properties undergoing alterations.

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

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§ 54-53 Residential Retrofits

ZR § 54-53

Notwithstanding the other provisions of this Chapter, in all districts, for buildings where 75 percent or more of the existing floor space is allocated to residential uses, an enlargement, extension, conversion, change of use or other alteration to such building that increases or improves the residential floor space within a building, may create a new non-compliance or increase the degree of a non-compliance, provided that increases to existing non-compliances, or the creation of new non-compliances, with regard to:

maximum residential floor area ratio shall be limited in size to floor space existing within the volume of a building on the zoning lot. For multiple dwelling residences, such allowance shall be limited to buildings existing on December 5, 2024;

required open space, yards, rear yard equivalents, or courts, as applicable, shall not diminish the area of the existing open area by more than 20 percent and no further encroachment to a non-complying yard shall be closer to a lot line than an existing building on the zoning lot; and

the permitted height and setback of a building, shall be limited to one story or 15 feet, whichever is less, measured relative to the height of the existing building.

Allowances for permitted obstructions may be applied to an existing building, including as modified pursuant to the provisions of this Section.

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