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What is NYC ZR § 62-823?

Quick Answer

This section allows the City Planning Commission to modify use regulations in C3 Districts to permit certain WE uses not allowed as-of-right or by special permit. The Commission must ensure that such modifications do not adversely affect traffic or the character of the surrounding area. Applies to property owners in C3 Districts seeking use modifications.

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

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§ 62-823 Modification of use regulations in C3 Districts

ZR § 62-823

In C3 Districts, the City Planning Commission may authorize modification of use regulations to allow a WE use not otherwise allowed as-of-right or by special permit. In conjunction with such authorization, the Commission may also allow the sign regulations of a C1 District to apply to the zoning lot.

As a condition to the granting of such authorization the Commission shall find:

(a)that such WE use is a use listed under Use Groups V, VI, VII or VIII;

(b)that the zoning lot also includes a WD use that is either permitted in the district as-of-right or has been permitted by special permit;

(c)that such WE use will not create serious pedestrian or vehicular traffic congestion that would adversely affect surrounding residential streets;

(d)that the entrances and exits for accessory parking or loading facilities are so located as to not adversely affect residential properties fronting on the same street; and

(e)that such WE use will not impair the character or future use or development of the surrounding area.

The Commission may prescribe additional appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area. Such conditions and safeguards may include limitations on the size of the establishment, limitations on lighting and signage or screening requirements.

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