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

What is NYC ZR § 123-31?

Quick Answer

This section regulates the location of commercial or manufacturing uses in Special Mixed Use Districts when residential uses are present. It specifies that such non-residential uses may only occupy stories below residential units, with certain exceptions for existing buildings and specific conditions. Applies to building owners in mixed-use developments.

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 →

§ 123-31 Provisions Regulating Location of Uses in Mixed Use Buildings

ZR § 123-31

In Special Mixed Use Districts, in any building or portion of a building occupied by residential uses, commercial or manufacturing uses may be located only on a story below the lowest story occupied by dwelling units, except that this limitation shall not preclude the:

extension of a permitted business sign, accessory to such non-residential use, to a maximum height of two feet above the level of a finished floor of the second story, but in no event higher than six inches below the lowest window sill on the second story;

location of commercial or manufacturing uses on the same story, or on a story higher than that occupied by dwelling units, in buildings in existence on or prior to December 10, 1997, that are partially converted to residential use pursuant to Article I, Chapter 5 (Residential Conversion Within Existing Buildings), as modified in Section 123-67 (Residential Conversion); or

location of commercial or manufacturing uses on the same story, or on a story higher than that occupied by dwelling units, provided that: no access exists between such uses at any level containing dwelling units; and the environmental requirements set forth in Section 32-423 shall be met where commercial or manufacturing uses are located above any story containing dwelling units.

no access exists between such uses at any level containing dwelling units; and

the environmental requirements set forth in Section 32-423 shall be met where commercial or manufacturing uses are located above any story containing dwelling units.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 123-31?

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