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What is NYC ZR § 65-31?

Quick Answer

This section allows for temporary non-conforming uses in all districts following a severe disaster. It modifies existing use provisions to facilitate the creation and enlargement of such uses on a temporary basis, subject to specific limitations. Applies to property owners in areas affected by disasters.

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

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§ 65-31 Temporary Uses

ZR § 65-31

In all districts, where the provisions of this Section are utilized, the use provisions of this Resolution, including any supplemental use regulations and provisions regulating size limitations, change of non-conforming uses, enlargement or extension of non-conforming uses, shall be modified to allow a temporary non-conforming use to be created, and a non-conforming use to be enlarged or extended, on a temporary basis, to aid in the immediate restoration and recovery of an area adversely impacted by a severe disaster.

The creation of a new non-conforming use shall be subject to the following limitations:

Severe Disaster

District

Use Group of permitted new non-conformance

Time Duration

(if different from Section 65-01)

Subsequent to the expiration of the applicable time duration as set forth in this Section, any non-conforming use that was created, or any portion of a non-conforming use that was enlarged or extended on a zoning lot, shall be terminated and, thereafter, such zoning lot shall be restored to its pre-existing degree of non-conformity, or used only for a conforming use.

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