Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC ZR § 63-21?

Quick Answer

This section establishes special floor area regulations for zoning lots that include a FRESH food store, allowing an increase in maximum residential floor area by one square foot for each square foot of FRESH food store floor area, up to 20,000 square feet. Applies to developers and property owners of qualifying zoning lots.

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

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 63-21 Special Floor Area Regulations

ZR § 63-21

Where a FRESH food store is provided on a zoning lot, the maximum residential floor area permitted on the zoning lot shall be increased by one square foot for each square foot of FRESH food store floor area provided, up to 20,000 square feet.

However, for zoning lots with sky exposure plane buildings, where any non-residential use has a permitted floor area ratio greater than that permitted for a residential use, the total floor area ratio of the zoning lot shall not exceed the maximum permitted floor area ratio for such non-residential use.

For height factor and open space ratio calculations, where applicable, the increased residential floor area generated pursuant to this Section shall be exempt from such calculations.

For developments or enlargements with qualifying affordable housing, the requirements for MIH developments or UAP developments shall not apply to the increased residential floor area generated pursuant to this Section.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 63-21?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters