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What is NYC ZR § 79-41?

Quick Answer

This section allows the City Planning Commission to grant a special permit for changing a large-scale community facility use to residential use, provided certain conditions are met. The Commission must determine that the facility does not provide essential services and has been operational for at least five years. Applies to developers of large-scale community facilities.

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

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§ 79-41 Special Permit for Change of Community Facility Use

ZR § 79-41

For large-scale community facility developments previously approved by the City Planning Commission, the Commission may, by special permit, allow a change of community facility use to a residential use subject to the applicable district regulations.

For the purpose of this special permit, such change of use shall be deemed not to alter the status and previous authorizations relating to the large-scale community facility development.

As a condition precedent to the grant of such special permit, the Commission shall find:

(a)that such community facility use does not provide essential services to the community at large; and

(b)that such community facility use has been actively operated as a community facility use for a period not less than five years following Commission approval of the large-scale community facility development or was actively operated as a community facility use prior to Commission approval of the large-scale community facility development.

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