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What is NYC ZR § 73-191?

Quick Answer

This section allows the Board of Standards and Appeals to permit micro-distribution facilities in select C1 and C2 Districts outside Manhattan, with specific size limits and conditions. The Board must ensure that the use does not impair the character of the area or create traffic issues. Applies to property operators in designated commercial districts.

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

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§ 73-191 Micro-distribution facilities

ZR § 73-191

In C1 or C2 Districts located outside of the Borough of Manhattan that are select commercial overlays, the Board of Standards and Appeals may permit micro-distribution facilities, as listed under Use Group IX(A), as set forth in Section 32-19 (Use Group IX - Storage), with a size limit of 5,000 square feet of floor area per establishment, and in other C1 or C2 Districts, as well as C4 through C7 Districts, the Board may permit modifications to a size limitation for micro-distribution facilities, denoted in the Use Group table with an “S”, provided that the increase does not exceed 200 percent of the amount set forth in paragraph (c) of Section 32-193 (Use Group IX – uses subject to size limitations).

In order to grant such permit, the Board shall find that:

such use will not impair the character or the future use or development of the surrounding area. In order to make such finding in locations where the use is being permitted, the Board shall consider the presence and concentration of existing micro-distribution facilities within 500 feet of the proposed use and whether any increase in concentration would have impacts on the surrounding area;

such use will cause minimal interruption to, and will not be incompatible with, the continuity of surrounding retail frontages;

such use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow; and

the modifications are necessary to support the operation of such use.

The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

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