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What is NYC ZR § 116-221?

Quick Answer

This section outlines special floor area regulations for mixed-use buildings that contain residential units. It specifies that non-residential uses on the ground floor, or within two feet of the sidewalk level, are excluded from the calculation of permitted floor area, while still being considered for other regulatory requirements. Applies to building owners of 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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§ 116-221 Special floor area regulations for mixed buildings

ZR § 116-221

For buildings containing residences, the area in such buildings occupied by non-residential uses on the ground floor, or within two feet of the as-built level of the adjoining sidewalk, shall be excluded from the calculation of permitted floor area in the building. However, the area occupied by non-residential uses on the ground floor shall be included as floor area for other purposes including calculating:

(a)requirements for accessory off-street parking spaces;

(b)accessory off-street loading berths;

(c)limitations on floor area occupied by certain uses; and

(d)satisfying requirements for FRESH food stores as defined in Article VI, Chapter 3, and the special floor area regulations of that Chapter.

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