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What is NYC ZR § 93-123?

Quick Answer

This section modifies the provisions regarding the location of residential uses within buildings that also contain commercial uses. It permits residential and commercial uses on the same story under specific conditions, including restrictions on access and positioning. Applies to building owners with mixed-use properties.

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

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§ 93-123 Location of residential use within buildings

ZR § 93-123

The provisions of Section 32-422 (Location of floors occupied by commercial uses) are modified to permit residential uses on the same story as a commercial use provided no access exists between such uses at any level containing dwelling units and provided any commercial uses are not located directly over any story occupied in whole or in part by dwelling units. However, such commercial uses may be located over such a story occupied by dwelling units by authorization of the City Planning Commission upon a finding that sufficient separation of residential uses from commercial uses exists within the building.

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