15-013 Building Permits and Variances Issued Before the Effective Date of Amendment

(a)        Building permits in Manhattan Community Districts 1, 2, 3, 4, 5 and 6

If, before April 9, 1981, a building permit was lawfully issued for an alteration based upon plans filed and pending with the Department of Buildings on or before September 1, 1980, construction pursuant to such permit may be continued, at the option of the owner, without regard to the other provisions of this Chapter. In the event that the construction permitted herein is not completed within 2 years from the issuance of said building permit or prior to April 9, 1982, whichever is later, and a temporary or permanent certificate of occupancy has not been issued, the building permit shall automatically lapse for any portion of a building for which a permanent or temporary certificate of occupancy has not been obtained and the right to continue construction on such floor area shall terminate, except that the Board of Standards and Appeals may reinstate said permit pursuant to the provisions of paragraphs (a)(1) or (a)(2) of this Section:

(1)        for all floor area for which the Board has made a finding that, as of April 9, 1981;

(i)        there was substantial construction in compliance with the approved plans pursuant to which said lapsed permit had been granted; and

(ii)        the completed construction demonstrated a physical commitment of the floor area to a layout as residential or joint living-work quarters for artists use, which construction could not be readily adapted to a non-residential use permitted by the Zoning Resolution.

A finding of substantial construction shall not be made unless, on April 9, 1981, the floor area was either vacant or occupied by residential or joint living-work quarters for artists use, and unless the expenditures prior to April 9, 1981 were significant in proportion to the costs of construction of the entire project, not including the costs of acquisition, demolition, professional fees or financing;

(2)        for all floor area for which the Board has made a finding that, as of the date said building permit lapsed, there was substantial construction in compliance with the approved plans pursuant to which said lapsed permit has been granted.  A finding of substantial construction shall not be made unless, as of the date said permit lapsed, the floor area was either vacant or occupied by residential or joint living-work quarters for artists use, and unless the expenditures prior to the date said permit lapsed were significant in proportion to the costs of construction of the entire project, not including the costs of acquisition, demolition, professional fees or financing. Notwithstanding anything to the contrary above, the building permit shall only be reinstated pursuant to the provisions of this Section, provided that for any portion of the building for which said permit is reinstated:

(i)        the conversion shall comply with the provisions of Sections 15-12, 15-24 or 42-14, paragraph D.(1)(e), as appropriate in the zoning district in which the building being converted is located, except that the Board may modify the requirements of Sections 15-12, 15-24 or 42-14, paragraph D.(1)(e), provided that the rooftop open space was not permitted under said building permit and the Board determines that the roof either is unsuited for open space use or cannot be made suitable for open space use at a reasonable cost;

(ii)        there shall be double glazing on all windows in all dwelling units or such other window treatment as the Board deems appropriate;

(b)        Building permits in Brooklyn Community Districts 1, 2, 6 and 8 and Queens Community Districts 1 and 2

If, before October 25, 1984, a building permit was lawfully issued for an alteration based upon plans filed and pending with the Department of Buildings on or before April 1, 1984, construction pursuant to such permit may be continued.

(c)        Variances

If, before April 9, 1981, in Manhattan Community Districts 1, 2, 3, 4, 5 and 6, or before October 25, 1984, in Brooklyn Community Districts 1, 2, 6 and 8 and Queens Community Districts 1 and 2, a variance to permit the conversion of a building or portion thereof, to residential or joint living-work quarters for artists use, which variance has not lapsed pursuant to the provisions of Section 72-23, and a building permit was issued in accordance with the terms of said variance for such conversion by the Department of Buildings within two years of the grant of said variance, construction pursuant to such permit may be continued, without regard to the other provisions of this Chapter.

Dwelling units converted pursuant to the provisions of this Section which are not subject to the provisions of this Chapter shall also not be subject to the provisions of Section 32-42 (Location Within Buildings).