Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC ZR § 82-311?

Quick Answer

This section allows the City Planning Commission to grant a special permit to increase the commercial floor area ratio in Subdistrict A to 10.0 for commercial uses, provided certain conditions regarding location appropriateness, supporting services, traffic congestion, and street adequacy are met. Applies to property owners seeking to expand commercial floor area.

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

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 82-311 Commercial floor area increase by special permit

ZR § 82-311

The City Planning Commission may by special permit allow the commercial floor area ratio permitted on a zoning lot pursuant to Section 82-31 (Floor Area Ratio Regulations) within Subdistrict A to be increased to 10.0 for commercial uses. As a condition for such special permit, the Commission shall find that:

(a)the uses are appropriate for the location and shall not unduly affect the residential uses in the nearby area or impair the future land use and development of the adjacent areas;

(b)the uses shall not require any significant addition to the supporting services of the neighborhood or that provision for adequate supporting services has been made;

(c)the additional bulk devoted to commercial uses shall not create or contribute to serious traffic congestion and will not unduly inhibit vehicular and pedestrian flow; and

(d)the streets providing access to such use are adequate to handle the traffic generated thereby or provision has been made to handle such traffic.

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

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 82-311?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters