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What is NYC ZR § 64-311?

Quick Answer

This section modifies the definition of floor area for all buildings, allowing exclusions for flood control devices and non-residential uses in certain districts. Specifically, it permits up to 15 square feet per linear foot of flood control devices to be excluded and up to 500 square feet for non-residential uses under specific conditions. Applies to building owners in Commercial and Manufacturing Districts.

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

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§ 64-311 Special floor area modifications for all buildings

ZR § 64-311

For all buildings, the definition of floor area in Section 12-10 (DEFINITIONS) shall be modified in accordance with the provisions of this Section.

Flood control devices In all districts, for every linear foot of protection by temporary flood control devices and associated fixtures, including emergency egress systems that are assembled prior to a storm and removed thereafter, up to 15 square feet of floor space used for the storage of such devices may be excluded from the definition of floor area, provided that in no event shall such exempted floor space exceed 1,000 square feet.

Buildings containing non-residential uses In Commercial and Manufacturing Districts, where the permitted commercial or manufacturing floor area ratio does not exceed 1.0, up to 500 square feet of floor space may be excluded from the definition of floor area, provided that: the building is used exclusively for non-residential uses; and such floor space is located at or above the flood-resistant construction elevation.

the building is used exclusively for non-residential uses; and

such floor space is located at or above the flood-resistant construction elevation.

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