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What is NYC ZR § 146-12?

Quick Answer

This section allows for certification of alternative compliance for mixed-use buildings in M1 Districts paired with Residential Districts. The Chairperson of the City Planning Commission must ensure that design standards protect residential occupants from hazards associated with commercial uses. Applies to building owners of mixed-use properties in specified districts.

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

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§ 146-12 Certification for an Alternate Means of Compliance for Mixed Buildings

ZR § 146-12

In M1 Districts paired with a Residence District, the Chairperson of the City Planning Commission shall allow, by certification, an alternative to the provisions of paragraph (b) of Section 123-22 (Additional Conditions for Certain Uses) where applicable commercial and manufacturing uses are proposed to locate in the same building as, or share a common wall with, a building containing a residence or a community facility use with sleeping accommodations.

In order for the Chairperson to make such certification, the applicant shall submit a report, from a licensed architect or engineer, demonstrating that specific physical design standards to be implemented in the building design, or other environmental requirements, will protect occupants of such residences or community facility uses with sleeping accommodations from any potential hazardous materials, noise or air quality associated with such commercial or manufacturing uses.

An (E) designation shall be listed in APPENDIX C of this Resolution and bind the owners, successors, and assigns to comply with Section 11-15 (Environmental Requirements) and the specific building design or other environmental requirements listed in the report.

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