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§ 137-40 — SPECIAL APPLICABILITY OF ARTICLE V

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What is NYC ZR § 137-40?

Quick Answer

This section modifies the provisions of Article V, Chapter 2 regarding non-conforming uses in Special Coastal Risk District 3. It prohibits the enlargement or extension of non-conforming uses and restricts the repair or reconstruction of buildings with significant damage to conforming uses only. Applies to property owners in Special Coastal Risk District 3.

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

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§ 137-40 SPECIAL APPLICABILITY OF ARTICLE V

ZR § 137-40

In Special Coastal Risk District 3, the provisions of Article V, Chapter 2 (Non-conforming Uses) shall be modified as set forth in this Section. In addition, the provisions of Article VI, Chapter 5 (Special Regulations Applying in Designated Recovery Areas) and Section 64-61 (Special Provisions for Non-conforming Uses) shall not apply.

Non-conforming uses may not be enlarged or extended. In addition, should 50 percent or more of the floor area of a building containing a non-conforming use be damaged or destroyed after September 7, 2017, the building may be repaired, incidentally altered or reconstructed only for a conforming use.

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