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What is NYC ZR § 75-21?

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This section allows the City Planning Commission to authorize modifications to bulk regulations for developments or enlargements in specific commercial and manufacturing districts, provided certain conditions and findings are met. It applies to building owners in C4, C5, C6, C8, M1, M2, or M3 Districts seeking such modifications.

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§ 75-21 Bulk Modifications in Certain Commercial and Manufacturing Districts

ZR § 75-21

For developments or enlargement of buildings in C4, C5, C6, C8, M1, M2, or M3 Districts, as well as M1 Districts paired with Residence Districts, the City Planning Commission may authorize modifications to the applicable bulk regulations, other than floor area ratio, provided that the conditions of paragraph (a) and the findings of paragraph (b) are met.

Conditions As a condition for the authorization, the proposed development or enlargement shall: be allocated exclusively to non-residential uses; and comply with the applicable bulk regulations of a C7 District. In order to apply such bulk regulations: where the maximum permitted floor area ratio for commercial or manufacturing uses, as applicable, is less than 2.0, the provisions for a C7-1 District shall be applied; where the maximum permitted floor area ratio for commercial or manufacturing uses, as applicable, is greater than or equal to 2.0 but less than 3.0, the provisions for a C7-2 District shall be applied; and in all other instances, one shall determine the particular C7 District with the same maximum permitted floor area ratio as that of the highest floor area ratio permitted for a use in the proposed development or enlargement pursuant to the district regulations. Where there is no C7 District with the same maximum permitted floor area ratio, the C7 District with the closest floor area ratio above that of the applicable district shall be selected.

be allocated exclusively to non-residential uses; and

comply with the applicable bulk regulations of a C7 District. In order to apply such bulk regulations: where the maximum permitted floor area ratio for commercial or manufacturing uses, as applicable, is less than 2.0, the provisions for a C7-1 District shall be applied; where the maximum permitted floor area ratio for commercial or manufacturing uses, as applicable, is greater than or equal to 2.0 but less than 3.0, the provisions for a C7-2 District shall be applied; and in all other instances, one shall determine the particular C7 District with the same maximum permitted floor area ratio as that of the highest floor area ratio permitted for a use in the proposed development or enlargement pursuant to the district regulations. Where there is no C7 District with the same maximum permitted floor area ratio, the C7 District with the closest floor area ratio above that of the applicable district shall be selected.

where the maximum permitted floor area ratio for commercial or manufacturing uses, as applicable, is less than 2.0, the provisions for a C7-1 District shall be applied;

where the maximum permitted floor area ratio for commercial or manufacturing uses, as applicable, is greater than or equal to 2.0 but less than 3.0, the provisions for a C7-2 District shall be applied; and

in all other instances, one shall determine the particular C7 District with the same maximum permitted floor area ratio as that of the highest floor area ratio permitted for a use in the proposed development or enlargement pursuant to the district regulations. Where there is no C7 District with the same maximum permitted floor area ratio, the C7 District with the closest floor area ratio above that of the applicable district shall be selected.

Findings In order to grant the authorization, the Commission shall find that such bulk modifications: will not be incompatible with or adversely affect the essential character, use or future growth of the surrounding area; and will not unduly obstruct access of light and air to surrounding streets and properties.

will not be incompatible with or adversely affect the essential character, use or future growth of the surrounding area; and

will not unduly obstruct access of light and air to surrounding streets and properties.

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

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