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What is NYC ZR § 96-31?

Quick Answer

This section outlines specific regulations for R8 Districts, particularly in Western Subarea C2, regarding floor area and height/setback regulations. It defines the status of electrical utility substations in R8A Districts and their compliance with underlying district regulations. Applies to property owners in R8 and R8A Districts managing electrical utility substations.

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

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§ 96-31 Special Regulations in R8 Districts

ZR § 96-31

In R8 Districts, other than R8A Districts, in Western Subarea C2, including Commercial Districts mapped within such R8 Districts, the provisions of Sections 96-101 (Floor area regulations) and 96-102 (Height and setback regulations) shall apply.

In R8A Districts in Western Subarea C2, including Commercial Districts mapped within such R8A Districts, electrical utility substations, listed under Use Group IV(B), operated for public utility purposes, existing on June 14, 2011, and located wholly or partially within the portion of Western Subarea C2 east of Eleventh Avenue, shall be considered conforming uses that are subject to the bulk regulations of the underlying district and the use regulations of an M1-5 District. Any change of use on a zoning lot occupied by any such electrical utility substation shall be permitted only pursuant to the regulations of the underlying district. In the event any such electrical utility substation is damaged or destroyed, in whole or in part, by any means, including demolition, the provisions of Section 54-40 (DAMAGE OR DESTRUCTION IN NON-COMPLYING BUILDINGS) shall not apply and such electrical utility substation may be reconstructed, provided that such reconstruction shall not create a new non-compliance nor increase the degree of non-compliance with the applicable bulk regulations. However, in the event there is a complete cessation of use of the zoning lot as an electrical utility substation for a continuous period of five years, such electrical utility substation shall no longer be considered a conforming use on such zoning lot.

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