Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC ZR § 123-21?

Quick Answer

This section modifies the use regulations for M1 Districts within Special Mixed Use Districts, specifying applicable provisions for various use groups including IV, VI, IX, and X. The modifications include references to additional conditions and exceptions for certain uses. Applies to property operators in designated mixed-use areas.

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

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 123-21 Modifications to M1 Use Regulations

ZR § 123-21

In Special Mixed Use Districts, the regulations for M1 Districts are modified as follows:

Use Group IVThe provisions of M1 Districts set forth in Section 42-14 (Use Group IV – Public Service Facilities and Infrastructure), inclusive, shall apply, except that for uses listed under Use Group IV(B), the provisions of C7 Districts set forth in Section 32-14 (Use Group IV – Public Service Facilities and Infrastructure), inclusive, shall apply.

Use Group VI The provisions of M1 Districts set forth in Section 42-16 (Use Group VI – Retail and Services), inclusive, shall apply, except that for uses listed in paragraph (c) of Section 42-163 (Use Group VI – uses subject to additional conditions), the provisions of Section 123-22 (Additional Conditions for Certain Uses) shall apply.

Use Group IXThe provisions of M1 Districts set forth in Section 42-19 (Use Group IX – Storage), inclusive, shall apply, except that all uses listed under Use Group IX(B) shall not be permitted. In addition, the storage of substances in quantities required to file a Risk Management Plan for Extremely Hazardous Substances shall be subject to the provisions of Section 123-22 (Additional Conditions for Certain Uses).

Use Group XThe provisions of C7 Districts set forth in Section 32-20 (Use Group X – Production Uses), inclusive, shall apply, except that: the size limitations on the ground floor, as set forth in paragraph (c) of Section 32-202 (Use Group X – uses subject to size limitations) shall not apply; and the additional conditions of Section 32-203 (Use Group X – additional conditions) shall be superseded by the provisions of Section 123-22 (Additional Conditions for Certain Uses).

the size limitations on the ground floor, as set forth in paragraph (c) of Section 32-202 (Use Group X – uses subject to size limitations) shall not apply; and

the additional conditions of Section 32-203 (Use Group X – additional conditions) shall be superseded by the provisions of Section 123-22 (Additional Conditions for Certain Uses).

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 123-21?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters