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What is NYC ZR § 74-944?

Quick Answer

This section allows the City Planning Commission to modify various zoning regulations in Industrial Business Incentive Areas when an application for a floor area increase is submitted. Modifications may include bulk regulations, height and setback regulations, and off-street parking and loading requirements. Applies to property owners seeking to increase floor area in designated industrial zones.

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

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§ 74-944 Modifications in conjunction with a floor area increase

ZR § 74-944

In Industrial Business Incentive Areas, the City Planning Commission may modify the following in conjunction with an application for a floor area increase pursuant to Section 74-943 (Permitted floor area increase).

(a)Bulk modifications

(1)Yard regulations

In all Industrial Business Incentive Areas, the rear yard regulations set forth in Section 43-20 (YARD REGULATIONS), inclusive, shall be modified pursuant to the provisions of paragraph (c) of Section 74-945 (Conditions). In addition, the Commission may modify any other yard regulations set forth in Section 43-20, inclusive.

(2)Height and setback regulations

(i)In Industrial Business Incentive Area 1, the height and setback regulations of Section 43-40 (HEIGHT AND SETBACK REGULATIONS), inclusive, shall be modified pursuant to the conditions of paragraph (d) of Section 74-945.

(ii)In Industrial Business Incentive Area 2, the Commission may modify the height and setback regulations of Section 43-40, inclusive.

(b)Modification for publicly accessible open space

In Industrial Business Incentive Area 1, where a publicly accessible open space is provided pursuant to paragraph (f) of Section 74-945, the Commission may modify the provisions of Section 37-70 (PUBLIC PLAZAS), inclusive.

(c)Parking and loading modifications

In all Industrial Business Incentive Areas, the Commission may reduce or waive the off-street parking requirements set forth in Section 44-20 (REQUIRED ACCESSORY OFF-STREET PARKING SPACES), inclusive, not including bicycle parking, and may also reduce or waive the loading berth requirements as set forth in Section 44-50 (OFF-STREET LOADING REGULATIONS), inclusive.

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