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What is NYC ZR § 139-212?

Quick Answer

This section allows for an increase in the maximum floor area ratio in M1 Districts paired with R7-2 or R7X Districts when Gowanus mix uses are included. A Notice of Restrictions must be recorded for compliance, and annual reporting on Gowanus mix uses is required. Applies to building owners in designated zoning lots.

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

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§ 139-212 Gowanus mix

ZR § 139-212

In M1 Districts paired with R7-2 or R7X Districts, the provisions of this Section may be utilized to increase the maximum floor area ratio set forth Section 139-211 (Basic floor area regulations).

(a)Inclusion of Gowanus mix uses

For zoning lots with buildings containing both residential uses and Gowanus mix uses, the maximum floor area ratio may be increased by the amount of Gowanus mix uses provided on the zoning lot, up to a floor area ratio of 0.3.

(b)Inclusion of both Gowanus mix uses and non-residential uses

For zoning lots utilizing the provisions of paragraph (a) of this Section, the maximum floor area ratio may be further increased by the amount of non-residential uses provided on the zoning lot, up to a floor area ratio of 0.3.

(c)Compliance and recordation

A Notice of Restrictions, the form and content of which shall be satisfactory to the City Planning Commission, for a property subject to inclusion of Gowanus mix uses pursuant to this Section, shall be recorded against the subject tax lot in the Office of the City Register.

The filing and recordation of such Notice of Restrictions shall be a precondition to the issuance of any building permit utilizing the provisions set forth in this Section. The recording information shall be referenced on the first certificate of occupancy to be issued after such notice is recorded, as well as all subsequent certificates of occupancy, for as long as the restrictions remain in effect.

(d)Annual reporting for Gowanus mix uses

No later than June 30 of each year, beginning in the first calendar year following the calendar year in which the first temporary or final certificate of occupancy was issued for a building utilizing the provisions of paragraph (b) of this Section, the building owner shall submit annually to the Chairperson of the City Planning Commission, Speaker of the City Council, and Brooklyn Community Board 6, a report on the existing conditions of floor area designated for Gowanus mix uses and include the information specified below:

(1)the date of the most recent update of this information;

(2)total floor area of the Gowanus mix uses in the development, pursuant to paragraph (b) of this Section;

(3)the name of each establishment occupying floor area reserved for Gowanus mix uses. Such establishment name shall include that name by which the establishment does business and is known to the public. For each establishment, the amount of floor area, the Use Group, subgroup and specific use as listed in this Resolution shall also be included;

(4)contact information, including the name of the owner of the building and the building management entity, if different, the name of the person designated to manage the building, and the street address, current telephone number and e-mail address of the management office. Such names shall include the names by which the owner and manager, if different, do business and are known to the public; and

(5)all prior periodic notification information required pursuant to the provisions of this paragraph.

The report shall be submitted by any method, including e-mail or other electronic means, acceptable to the Chairperson of the City Planning Commission.

Floor area provided to satisfy the requirements of Section 139-41 (Streetscape Regulations) may not be utilized to satisfy the requirements of this Section.

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