Chapter 5 - Authorizations by the City Planning Commission

The City of New York
Eric Adams, Mayor
City Planning Commission
Daniel R. Garodnick, Chair

For developments or enlargement of buildings in C4, C5, C6, C8, M1, M2, or M3 Districts, as well as M1 Districts paired with Residence Districts, the City Planning Commission may authorize modifications to the applicable bulk regulations, other than floor area ratio, provided that the conditions of paragraph (a) and the findings of paragraph (b) are met.

  1. Conditions

    As a condition for the authorization, the proposed development or enlargement shall:
    1. be allocated exclusively to non-residential uses; and
    2. comply with the applicable bulk regulations of a C7 District. For the purposes of applying such provisions, the particular C7 District with the same maximum permitted floor area ratio as that of greatest floor area ratio permitted for any of the uses on the zoning lot of the proposed development or enlargement In order to apply such bulk regulations:
      1. where the maximum permitted floor area ratio for commercial or manufacturing uses, as applicable, is less than 2.0, the provisions for a C7-1 District shall be applied;
      2. where the maximum permitted floor area ratio for commercial or manufacturing uses, as applicable, is greater than or equal to 2.0 but less than 3.0, the provisions for a C7-2 District shall be applied; and
      3. in all other instances, one shall determine the particular C7 District with the same maximum permitted floor area ratio as that of the highest floor area ratio permitted for a use in the proposed development or enlargement pursuant to the district regulations. Where there is no C7 District with the same maximum permitted floor area ratio, the C7 District with the closest floor area ratio above that of the applicable district shall be selected. 
  2. Findings

    In order to grant the authorization, the Commission shall find that such bulk modifications:
    1. will not be incompatible with or adversely affect the essential character, use or future growth of the surrounding area; and
    2. will not unduly obstruct access of light and air to surrounding streets and properties.

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

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