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What is NYC ZR § 74-211?

Quick Answer

This section allows the City Planning Commission to permit modifications to uses listed under Use Group X in specific commercial and manufacturing districts in Manhattan and other areas. The Commission must ensure that such modifications do not impair the surrounding area's character or traffic flow. Applies to property operators in designated districts seeking use modifications.

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

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§ 74-211 Production uses

ZR § 74-211

In C1 or C2 Districts in the Borough of Manhattan, in other C1 or C2 Districts that are not select commercial overlays, in all other Commercial Districts, and in Manufacturing Districts, the City Planning Commission may permit modifications to the 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 74-21 (Production Uses), inclusive, the Commission may permit modifications to a size limitation, denoted with an “S” in the Use Group table, beyond any size limitation established by special permit of the Board of Standards and Appeals pursuant to Section 73-21 (Production Uses), inclusive.

In conjunction with such size modification, the Commission may permit: 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 Commission 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 Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

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