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What is NYC ZR § 138-211?

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This section outlines special floor area regulations for certain Commercial and Manufacturing Districts paired with Residential Districts. It specifies maximum residential floor area ratios based on the provision of affordable or senior housing, with modifications for various zoning lots. Applies to building owners in specified districts managing residential developments.

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

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§ 138-211 Special floor area regulations

ZR § 138-211

In certain Commercial Districts and in Manufacturing Districts paired with a Residence District, as shown on Map 2 of the Appendix to this Chapter, for any zoning lot containing residential floor area, the maximum residential floor area ratio shall be modified as follows: for zoning lots providing qualifiying affordable housing or qualifying senior housing, the maximum residential floor area ratio set forth on Map 2 shall apply; for other zoning lots, the maximum residential floor area ratio shall apply as modified in the table below: Maximum residential floor area ratio shown on Map 2 Modified maximum residential floor area ratio 8.5 7.52 9.0 7.52 10.0 9.0 except in C2 Districts subject to the provisions of paragraph (b) of this Section, the maximum floor area ratio for any combination of uses shall be the maximum floor area ratio specified in paragraphs (a)(1) or (a)(2) of this Section, whichever is applicable; and in C4-6 Districts and in C2 Districts mapped within an R9 or R10 District, the floor area provisions of Sections 33-13 (Floor Area Bonus for a Public Plaza) or 33-14 (Floor Area Bonus for Arcades) shall not apply.

for zoning lots providing qualifiying affordable housing or qualifying senior housing, the maximum residential floor area ratio set forth on Map 2 shall apply;

for other zoning lots, the maximum residential floor area ratio shall apply as modified in the table below: Maximum residential floor area ratio shown on Map 2 Modified maximum residential floor area ratio 8.5 7.52 9.0 7.52 10.0 9.0

Maximum residential floor area ratio shown on Map 2

Modified maximum residential floor area ratio

8.5

7.52

9.0

10.0

except in C2 Districts subject to the provisions of paragraph (b) of this Section, the maximum floor area ratio for any combination of uses shall be the maximum floor area ratio specified in paragraphs (a)(1) or (a)(2) of this Section, whichever is applicable; and

in C4-6 Districts and in C2 Districts mapped within an R9 or R10 District, the floor area provisions of Sections 33-13 (Floor Area Bonus for a Public Plaza) or 33-14 (Floor Area Bonus for Arcades) shall not apply.

In C2 Districts mapped within an R7D District that is also located within 100 feet of Park Avenue, the maximum community facility floor area ratio shall be 6.5, except that the applicable provisions of paragraph (d) of Section 33-121 (In districts with bulk governed by Residence District bulk regulations) shall apply to zoning lots containing philanthropic or non-profit institutions with sleeping accommodations or long-term care facilities.

In the C4-6 District that is located on the west side of Third Avenue between East 121st Street and East 122nd Street, the maximum commercial floor area ratio shall be 7.2.

For transit-adjacent sites or qualifying transit improvement sites, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI, Chapter 6 shall control. For the purposes of this paragraph, defined terms additionally include those in Section 66-11 (Definitions).

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