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What is NYC ZR § 73-52?

Quick Answer

This section allows the Board of Standards and Appeals to permit a use from a zoning lot to extend into an adjacent district when the lot is divided by district boundaries. The extension is limited to 25 feet and requires findings related to economic feasibility and character of the surrounding area. Applies to zoning lots existing in single ownership as of December 15, 1961.

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

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§ 73-52 Modifications for Zoning Lots Divided by District Boundaries

ZR § 73-52

Whenever a zoning lot existing in single ownership on December 15, 1961, or on the effective date of any applicable subsequent amendment to the zoning maps is divided by a boundary between two or more districts in which different uses are permitted, the Board of Standards and Appeals may permit a use which is a permitted use in the district in which more than 50 percent of the lot area of the zoning lot is located to extend not more than 25 feet into the remaining portion of the zoning lot, where such use is not a permitted use, provided that the following findings are made:

(a)that, without any such extension, it would not be economically feasible to use or develop the remaining portion of the zoning lot for a permitted use; and

(b)that such extension will not cause impairment of the essential character or the future use or development of the surrounding area.

Where such an extension of a use is permitted, the Board may permit the bulk, off-street parking and loading, and all other regulations of the district in which more than 50 percent of the lot area of the zoning lot is located, to apply for the distance, not exceeding 25 feet, that such use is permitted to extend into the remaining portion of the zoning lot.

Any portion of the zoning lot beyond such distance shall be subject to all the regulations of the district in which it is located, and shall not be counted as lot area for a building or other structure, or portion thereof, used for such extended use.

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

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