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What is NYC ZR § 107-491?

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This section outlines special use regulations for residential uses in the R3X District, including provisions for reconstruction of damaged buildings, non-residential uses in detached buildings, and conditions for residential enlargements. It applies to building owners involved in residential developments and alterations within 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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§ 107-491 Special use regulations for residential uses

ZR § 107-491

(a)Residential uses existing prior to August 17, 1995 shall be considered conforming and when an existing building containing such uses is damaged or destroyed by any means, it may be reconstructed to its bulk prior to such damage or destruction or to R3X District bulk requirements, whichever is greater.

(b)Residential extensions shall be subject to all of the R3X District regulations and the applicable Special District regulations except that an existing detached building may contain non-residential uses in addition to not more than two dwelling units.

(c)Non-residential uses shall be located below the lowest story occupied in whole or in part by residential uses.

(d)Floor area in a building originally designed as one or more dwelling units that has been continuously vacant for two or more years prior to the date of filing an alteration application, may be re-occupied for residential use.

(e)Residential enlargements not to exceed 500 square feet shall be permitted subject to all of the R3X District regulations and the applicable Special District regulations, provided that there is no increase in the number of dwelling units and that there is no disturbance of the soil.

(f)Residential developments, and residential enlargements where there is a disturbance of the soil, shall be subject to the provisions of Section 107-69 (Residential Uses in Area M).

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