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What is NYC ZR § 63-40?

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This section outlines the process for changing the use of a fresh food store certified under Section 63-30. The Chairperson of the City Planning Commission must certify that the new use does not create or increase non-compliance issues or reduce required off-street parking. Applies to owners of fresh food stores seeking to change their use.

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

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§ 63-40 CERTIFICATION FOR CHANGE OF USE OF A FRESH FOOD STORE

ZR § 63-40

A FRESH food store for which a certification has been issued pursuant to Section 63-30 may be changed to any use permitted by the underlying district upon certification by the Chairperson of the City Planning Commission that such change of use would not create a new non-compliance, increase the degree of non-compliance of buildings on the zoning lot, or result in fewer accessory off-street parking spaces than required by the new use pursuant to Section 63-24 (Required Accessory Off-street Parking Spaces in Certain Districts).

If a certification pursuant to this Section is granted, a notice of cancellation, in a form acceptable to the Department of City Planning, of the declaration of restrictions recorded pursuant to Section 63-30 shall be executed and recorded in the Office of the City Register of the City of New York against all tax lots comprising the former FRESH food store.

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