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What is NYC ZR § 107-69?

Quick Answer

This section outlines the conditions under which the City Planning Commission may authorize developments or enlargements of residential uses exceeding 500 square feet in specific zoning lots. The statute ensures that such residential uses do not adversely impact surrounding commercial or manufacturing operations. Applies to property owners seeking to develop residential uses in designated areas.

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

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§ 107-69 Residential Uses in Area M

ZR § 107-69

(a)The City Planning Commission may authorize developments, or enlargements of residential uses in excess of 500 square feet, or in any case where there would be a disturbance of the soil, for the following:

(1)zoning lots with residential or community facility uses existing on August 17, 1995; or

(2)zoning lots that have been vacant or land with minor improvements for at least two years immediately prior to the date of application for the authorization.

(b)No building shall be constructed for occupancy by both residential and manufacturing uses. All residential uses shall comply with the R3X District regulations and all commercial uses shall comply with the M1-1 District regulations. All developments or enlargements shall comply with the applicable Special District regulations:

(c)In authorizing new residential uses and residential enlargements, the Commission shall find that:

(3)the residential use shall not adversely affect commercial or manufacturing uses in the Special District; and

(4)the authorization shall not alter the essential character of the neighborhood or district in which the use is located, nor impair the future use or development of commercial and manufacturing uses on nearby zoning lots.

In granting such authorization, the Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

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