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What is NYC ZR § 74-171?

Quick Answer

This section allows the City Planning Commission to permit laboratories in specified zoning districts, provided they meet certain conditions and findings related to performance standards and community impact. The statute outlines requirements for location, traffic impact, storage, and signage. Applies to property owners seeking to establish laboratories in designated areas.

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

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§ 74-171 Laboratories

ZR § 74-171

In Residence Districts and Commercial Districts, C1 or C2 Districts in the Borough of Manhattan, in other C1 or C2 Districts that are not select commercial overlays, and in other Commercial Districts, the City Planning Commission may permit laboratories listed under Use Group VII, not otherwise allowed by the underlying use regulations. In conjunction with such modifications the Commission may also permit modifications to the underlying sign regulations.

In order to grant such use modifications, the Commission shall find that such facility meets the applicable conditions of paragraph (a), the findings of paragraph (b) and the additional requirements of paragraph (c)

Conditions As a condition for the special permit, such facility shall: conform to the performance standards applicable to M1 Districts; occupy a zoning lot containing no residential use; and in Residence Districts, occupy a large-scale community facility development or occupy either a single zoning lot used predominantly for community facility uses that has an area of at least 40,000 square feet, or two or more contiguous zoning lot, or lots that would be contiguous but for their separation by a street, under the same single fee ownership or alternate ownership arrangements, used predominantly for community facility uses, that has an area of at least 40,000 square feet; and

conform to the performance standards applicable to M1 Districts;

occupy a zoning lot containing no residential use; and

in Residence Districts, occupy a large-scale community facility development or occupy either a single zoning lot used predominantly for community facility uses that has an area of at least 40,000 square feet, or two or more contiguous zoning lot, or lots that would be contiguous but for their separation by a street, under the same single fee ownership or alternate ownership arrangements, used predominantly for community facility uses, that has an area of at least 40,000 square feet; and

Findings In order to grant such permit, the Commission shall find that the laboratory: will not unduly affect the essential character or impair the future use and development of the surrounding area; will be located so as to draw a minimum of vehicular traffic to and through local streets; provides fully enclosed storage space for all raw materials, finished products, by-products and waste materials including debris, refuse and garbage; and with regard to sign modifications: the modifications are consistent with the amount and location of signage for other laboratories and are appropriate on the zoning lot; and illuminated signs, if provided, utilize an illumination type, and are located and oriented in a manner so as to minimize any negative effects on nearby residences; and do not alter the essential character of the adjacent area.

will not unduly affect the essential character or impair the future use and development of the surrounding area;

will be located so as to draw a minimum of vehicular traffic to and through local streets;

provides fully enclosed storage space for all raw materials, finished products, by-products and waste materials including debris, refuse and garbage; and

with regard to sign modifications: the modifications are consistent with the amount and location of signage for other laboratories and are appropriate on the zoning lot; and illuminated signs, if provided, utilize an illumination type, and are located and oriented in a manner so as to minimize any negative effects on nearby residences; and do not alter the essential character of the adjacent area.

the modifications are consistent with the amount and location of signage for other laboratories and are appropriate on the zoning lot; and

illuminated signs, if provided, utilize an illumination type, and are located and oriented in a manner so as to minimize any negative effects on nearby residences; and do not alter the essential character of the adjacent area.

Additional requirements For the purposes of applying bulk regulations to such laboratory, the following shall apply: in all districts, where such laboratory will occupy a large-scale community facility development or occupy either a single zoning lot used predominantly for community facility uses that has an area of at least 40,000 square feet, or two or more contiguous zoning lot, or lots that would be contiguous but for their separation by a street, under the same single fee ownership or alternate ownership arrangements, used predominantly for community facility uses, that has an area of at least 40,000 square feet, the floor area associated with such laboratory shall be considered community facility floor area, and all other associated community facility bulk regulations shall apply; and in all other instances, the floor area associated with such laboratory shall be considered commercial floor area, and all other associated commercial bulk regulations shall apply.

in all districts, where such laboratory will occupy a large-scale community facility development or occupy either a single zoning lot used predominantly for community facility uses that has an area of at least 40,000 square feet, or two or more contiguous zoning lot, or lots that would be contiguous but for their separation by a street, under the same single fee ownership or alternate ownership arrangements, used predominantly for community facility uses, that has an area of at least 40,000 square feet, the floor area associated with such laboratory shall be considered community facility floor area, and all other associated community facility bulk regulations shall apply; and

in all other instances, the floor area associated with such laboratory shall be considered commercial floor area, and all other associated commercial bulk regulations shall apply.

Modifications to the applicable bulk regulations may be made in conjunction with such laboratory, by special permit of the City Planning Commission, pursuant to Section 74-901.

In order to promote and protect the public health, safety and general welfare, the City Planning Commission may impose additional conditions and safeguards and more restrictive performance standards where necessary.

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