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

What is NYC ZR § 73-143?

Quick Answer

This section allows the Board of Standards and Appeals to permit electric or gas utility substations in Residence and Commercial Districts under specific conditions. The Board must find that the substations serve the local residential community and that there are difficulties in locating them elsewhere. Applies to utility operators seeking to establish substations in residential areas.

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 →

§ 73-143 Electric or gas utility substations

ZR § 73-143

The Board of Standards and Appeals may permit electric or gas utility substations listed under Use Group IV(B) pursuant to either paragraph (a) or (b) of this Section, as applicable.

In all Residence Districts, the Board may permit electric or gas utility substations, limited in each case to a site of between 4,500 square feet and not more than 10,000 square feet, provided that the Board finds that: such use will serve the residential area within which it is proposed to be located; and there are serious difficulties in locating it in a district wherein it is permitted as of right and from which it could serve the residential area, which make it necessary to locate such use within a Residence District.

such use will serve the residential area within which it is proposed to be located; and

there are serious difficulties in locating it in a district wherein it is permitted as of right and from which it could serve the residential area, which make it necessary to locate such use within a Residence District.

The Board may prescribe appropriate conditions or safeguards to minimize adverse effects on the character of the surrounding area, including requirements that such substations shall be landscaped and surrounded with fences, barriers, or other safety devices; and that electric utility substations shall meet the performance standards for an M1 District.

In all Residence and Commercial Districts, and in M1 Districts in the Special Downtown Jamaica District, the Board may permit electric utility substations (including transformers, switches, or auxiliary apparatus), limited in each case to a site of between 10,000 square feet and not more than 40,000 square feet, provided that the Board finds that: such use will serve either the residential community within which it is proposed to be located or the residential community immediately adjacent, and that there are serious difficulties in locating such use in a nearby district where it is permitted as-of-right; the site for such use is so located in Residence Districts as to minimize the adverse effects on the integrity of existing and future development, or is so located in Commercial Districts as to minimize the interruption of the continuity of retail frontage; the architectural and landscaping treatment of such use will blend harmoniously with the rest of the area; and such use will conform to the performance standards applicable to M1 Districts.

such use will serve either the residential community within which it is proposed to be located or the residential community immediately adjacent, and that there are serious difficulties in locating such use in a nearby district where it is permitted as-of-right;

the site for such use is so located in Residence Districts as to minimize the adverse effects on the integrity of existing and future development, or is so located in Commercial Districts as to minimize the interruption of the continuity of retail frontage;

the architectural and landscaping treatment of such use will blend harmoniously with the rest of the area; and

such use will conform to the performance standards applicable to M1 Districts.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including requirements for soundproofing, for the construction of fences, barriers, or other safety devices, for screening of apparatus, or for landscaping.

Common Questions

Our team

Meet the people you will work with

Free case review

Talk to an attorney before you act on NYC code.

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