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What is NYC ZR § 143-31?

Quick Answer

This section allows the City Planning Commission to grant special permits for certain retail uses in the Special SoHo-NoHo Mixed Use District, exceeding size limitations under specific conditions. The Department of Transportation is involved in assessing loading plans, which must ensure safety and minimize adverse effects on the neighborhood. Applies to property operators seeking to establish retail uses in this district.

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

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§ 143-31 Special Permit for Certain Retail Uses

ZR § 143-31

Within the Special SoHo-NoHo Mixed Use District, the City Planning Commission may, by special permit, allow uses that exceed the size limitations of paragraph (c) of Section 143-11, provided that the conditions of paragraph (a) and the findings of paragraph (b) are met.

ConditionsFor buildings that do not contain accessory off-street loading berths, the application shall include a delivery plan for the retail use. Such loading plans shall be based upon a traffic and curbside management study prepared by a qualified professional, outlining and identifying the operational needs of the tenant as well as adjacent uses.

FindingsThe Commission shall find that: in consultation with the Department of Transportation, where a loading plan is provided, such plan will incorporate sustainable best practices in loading, consolidating, timing of deliveries and other delivery methods and procedures; such retail use will not create or contribute to serious safety concerns, unduly inhibit pedestrian, cyclist or vehicular movement adjacent to the site; and such retail use will not impair the character or the future use or development of the surrounding mixed-use neighborhood.

in consultation with the Department of Transportation, where a loading plan is provided, such plan will incorporate sustainable best practices in loading, consolidating, timing of deliveries and other delivery methods and procedures;

such retail use will not create or contribute to serious safety concerns, unduly inhibit pedestrian, cyclist or vehicular movement adjacent to the site; and

such retail use will not impair the character or the future use or development of the surrounding mixed-use neighborhood.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

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