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What is NYC ZR § 74-31?

Quick Answer

This section allows the City Planning Commission to grant special permits for modifications to use regulations in Residence Districts, permitting certain commercial uses on large-scale sites. Conditions include size limitations and requirements to serve local residents. Applies to property owners in large-scale developments seeking to incorporate commercial uses.

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

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§ 74-31 Stores or Offices on Large-scale Sites in Residence Districts

ZR § 74-31

In Residence Districts the City Planning Commission may allow, by special permit, modifications to the underlying use regulations to permit uses that would be permitted in a C2 District on the ground floor level of a building. However, accessory drive-through facilities serving a use listed under Use Group VI, as set forth in Section 32-16 (Use Group VI – Retail and Services), shall not be permitted. The Commission may also permit the sign regulations applicable to a C2 District to be applied to such use. In order to grant such permit, the Commission shall find that the conditions of paragraph (a) and the findings of paragraph (b) are met.

Conditions As a condition for the special permit, the applicant shall demonstrate that the proposed use: is located on a large-scale development, or is located on either a single zoning lot that has an area of at least 1.5 acres, or two or more contiguous zoning lots, or lots that would be contiguous but for their separation by a street, under the same single fee ownership or alternate ownership arrangements, that has an area of at least 1.5 acres and contains residences; and does not exceed a size of 15,000 square feet. The floor area associated with such uses permitted in a C2 District shall be considered a community facility use for the purposes of determining compliance with the applicable district floor area ratio regulations.

is located on a large-scale development, or is located on either a single zoning lot that has an area of at least 1.5 acres, or two or more contiguous zoning lots, or lots that would be contiguous but for their separation by a street, under the same single fee ownership or alternate ownership arrangements, that has an area of at least 1.5 acres and contains residences; and

does not exceed a size of 15,000 square feet. The floor area associated with such uses permitted in a C2 District shall be considered a community facility use for the purposes of determining compliance with the applicable district floor area ratio regulations.

Findings In order to grant the special permit, the Commission shall find that: such use will serve residents on the zoning lot and the surrounding residential area; such use will generate a minimum of vehicular traffic to and through local streets and will not create traffic congestion; such use will not produce objectionable effects; and such use, including any permitted signs, will not alter the essential character of the neighborhood in which the building is located.

such use will serve residents on the zoning lot and the surrounding residential area;

such use will generate a minimum of vehicular traffic to and through local streets and will not create traffic congestion;

such use will not produce objectionable effects; and

such use, including any permitted signs, will not alter the essential character of the neighborhood in which the building is located.

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

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