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What is NYC ZR § 106-12?

Quick Answer

This section allows the City Planning Commission to grant special permits for changing commercial or manufacturing uses to residential uses within the Special Coney Island Mixed Use District. The statute includes conditions to ensure that such changes do not adversely affect existing uses or the surrounding area. Applies to property developers and owners in the specified district.

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

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§ 106-12 Special Permit Provisions for Residential Uses

ZR § 106-12

The City Planning Commission may permit within the Special Coney Island Mixed Use District:

(a)change of commercial or manufacturing use to residential use; and

(b)modification in yard and off-street parking regulations for residential uses in developments or enlargements;

provided that the following findings are made:

(1)that a change of use from manufacturing or commercial to residential use shall not displace any building or use, or preempt any zoning lot which is essential to the normal functioning and growth of existing manufacturing or commercial uses within the district; and

(2)that such residential uses shall not be exposed to inordinate noise, smoke, dust, noxious odor or other adverse influences from manufacturing uses and traffic.

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

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