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What is NYC ZR § 74-77?

Quick Answer

This section allows the City Planning Commission to permit modifications to zoning regulations for alterations or additions to buildings in specific districts, intended for use as artists' centers. The Commission must find that the building's design is suited for this purpose and that an organization ensures occupancy by qualifying artists. Applies to building owners in C6 districts planning artist living and working spaces.

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

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§ 74-77 Artists’ Centers

ZR § 74-77

In C6-1, C6-2, C6-3 or C6-4 Districts, for alterations or additions to existing buildings, to be occupied as living and working quarters by artists engaged in the visual or performing arts, with or without related community studio space, the City Planning Commission may permit residential and non-residential uses to be arranged within the building without regard for the regulations set forth in Section 32-42 (Location Within Buildings). For alterations of such buildings but not for additions, the Commission may permit modifications of the regulations set forth in Sections 23-35 to 23-37, inclusive, relating to Court Regulations and Minimum Distance between Windows or Walls or Lot Lines and may permit modification of the requirements set forth in Sections 23-33 to 23-34, inclusive, relating to rear and side yard regulations.

As a condition precedent to the grant of such special permit, the Commission shall make the following findings:

(a)that the location, design and construction of such building particularly suit it to use as an artists' center, and that full realization of these advantages requires modification of the regulations controlling arrangement of residential and non-residential uses within the building, or modification of the court regulations or the required distance between legally required windows and existing walls or lot lines, or modification of the rear and side yard requirements; and

(b)that an organization has been established for assuring that the dwelling units will be occupied by persons who qualify as artists.

For the purposes of this Section, non-commercial studio space for use in common by artists residing in the building may be classified as a community facility use.

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