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What is NYC ZR § 78-22?

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This section allows large-scale residential developments in a Residence District to include accessory commercial uses from Use Group VI, limited to two percent of total floor area and specific size restrictions. The City Planning Commission must review site plans to ensure compliance with various regulations. Applies to developers of large-scale residential projects.

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

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§ 78-22 Accessory Uses in Large-Scale Residential Developments

ZR § 78-22

A large-scale residential development in a Residence District may contain as accessory uses, any commercial uses listed in Use Group VI which in the aggregate occupy not more than two percent of the total floor area in the large-scale residential development, and of which no single establishment occupies more than 15,000 square feet of floor area, provided that upon a review of the site plan, the City Planning Commission finds that such commercial uses:

(a)will be primarily for the use of the residents of the large-scale residential development and will provide more convenient shopping for such residents;

(b)are so located as to minimize interference with residential or recreational areas within the large-scale residential development and to avoid creation of traffic congestion or other objectionable influences affecting residences outside the large-scale residential development;

(c)comply with all the applicable bulk and off-street parking and loading regulations for such accessory commercial uses, as set forth in Article II, Chapters 3 and 5; and

(d)conform to those provisions of the following Sections which are applicable to commercial uses in C1 Districts:

Section 32-41 (Enclosure Within Buildings)

Section 32-42 (Location Within Buildings)

Sections 32-61 to 32-68, inclusive, relating to Sign Regulations.

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