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What is NYC ZR § 73-211?

Quick Answer

This section allows the Board of Standards and Appeals to permit modifications to uses listed under Use Group X in Commercial and Manufacturing Districts, provided specific findings are met. Modifications can include size limitations and supplementary use regulations. Applies to property operators seeking adjustments to production uses.

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

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§ 73-211 Production uses

ZR § 73-211

In all Commercial Districts and Manufacturing Districts, the Board of Standards and Appeals may permit modifications to uses listed under Use Group X, as set forth in Sections 32-20 and 42-20 (Use Group X – Production Uses), pursuant to paragraph (a) of this Section, provided that the findings in paragraph (b) are met.

For uses listed under Use Group X, other than those uses for which another permit exists pursuant to Section 73-21, inclusive, the Board may permit: modifications to a size limitation, denoted in the Use Group table with an “S”, provided that the increase does not exceed 200 percent of the amount set forth in Use Group X; modifications to supplementary use regulations, including enclosure and location within buildings provisions; or modifications to additional conditions, denoted in the Use Group table with a “P”, including environmental standards, geographic limitations, or other measures.

modifications to a size limitation, denoted in the Use Group table with an “S”, provided that the increase does not exceed 200 percent of the amount set forth in Use Group X;

modifications to supplementary use regulations, including enclosure and location within buildings provisions; or

modifications to additional conditions, denoted in the Use Group table with a “P”, including environmental standards, geographic limitations, or other measures.

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; 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.

such use will not impair the character or the future use or development of the surrounding area;

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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