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What is NYC ZR § 73-146?

Quick Answer

This section allows the Board of Standards and Appeals to permit public transit or railroad electric substations in designated districts, subject to specific findings regarding community impact and site suitability. The statute aims to minimize adverse effects on existing development and requires adherence to performance standards. Applies to developers and operators of electric substations in specified districts.

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

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§ 73-146 Public transit or railroad electric substations

ZR § 73-146

In all Residence and Commercial Districts, and in M1 Districts in the Special Downtown Jamaica District, the Board of Standards and Appeals may permit public transit or railroad electric substations listed under Use Group IV(B), limited in each case to a site of between 4,500 and not more than 40,000 square feet, and a minimum frontage of 50 feet, provided that the following findings are made:

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;

that 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;

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

that 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.

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