52-40 Enlargements or Extensions
A non-conforming use may be enlarged or extended within the district in which such non-conforming use is located only in accordance with the provisions of this Chapter. However, a non-conforming single- or two-family residence in an R3, R4 or R5 District may be enlarged or extended in accordance with the bulk regulations specified for the district in which it is located. Furthermore, enlargements or extensions designed exclusively to permit conformity with the regulations on performance standards or in order to provide required accessory off-street parking spaces or off-street loading berths on the same zoning lot as the use to which such spaces or berths are accessory are not subject to the restrictions set forth herein.
For the purposes of this Section and Sections 52-31 (General Provisions), 52-42 (C6, C8 or Manufacturing Districts) and 52-43 (C1 or C4 Districts), the applicable district regulations on accessory off-street parking spaces or loading berths shall be determined in accordance with the following tables. The term "required" as used in this Section shall mean some or all of, but not more than, the number of spaces or berths which would be required by such applicable district regulations for development for such use.
APPLICABLE OFF-STREET PARKING REGULATIONS FOR NON-CONFORMING COMMERCIAL OR MANUFACTURING USES
District in Which Non-conforming Use is Located | District Whose Regulations Are Applicable |
R1 R2 R3 R4 R5 R6 R7-1 | M3-1 |
C1-1 C1-2 C1-3 C1-4 | M3-1 |
C2-1 C2-2 C2-3 C2-4 | M3-1 |
C3 | M3-1 |
C4-1 C4-2 C4-3 C4-4 | M3-1 |
C7 | M3-1 |
C8-1 C8-2 C8-3 | M3-1 |
M1-1 M1-2 M1-3 | M3-1 |
M2-1 M2-2 | M3-1 |
R7-2 R8 R9 R10 | M3-2 |
C1-5 C1-6 C1-7 C1-8 C1-9 | M3-2 |
C2-5 C2-6 C2-7 C2-8 | M3-2 |
C4-5 C4-6 C4-7 | M3-2 |
C5 | M3-2 |
C6 | M3-2 |
C8-4 | M3-2 |
M1-4 M1-5 M1-6 | M3-2 |
M2-3 M2-4 | M3-2 |
APPLICABLE OFF-STREET PARKING REGULATIONS FOR NON-CONFORMING RESIDENTIAL OR COMMUNITY FACILITY USES
District in Which Non-conforming Use is Located | District Whose Regulations Are Applicable |
C8-1 C8-2 C8-3 | R5 |
M1-1 M1-2 M1-3 | R5 |
M2-1 M2-2 | R5 |
M3-1 | R5 |
C8-4 | R10 |
M1-4 M1-5 M1-6 | R10 |
M2-3 M2-4 | R10 |
M3-2 | R10 |
APPLICABLE OFF-STREET LOADING REGULATIONS
District in Which Non-conforming Use is Located | District Whose Regulations Are Applicable |
R1 R2 R3 R4 R5 R6 | M2-1 |
C1 mapped within R1 R2 R3 R4 R5 R6 | M2-1 |
C2 mapped within R1 R2 R3 R4 R5 R6 | M2-1 |
C3 | M2-1 |
C4-1 C4-2 C4-3 | M2-1 |
C7 | M2-1 |
C8-1 C8-2 | M2-1 |
M1-1 M1-2 M1-4 | M2-1 |
R7 R8 R9 R10 | M2-2 |
C1 mapped within R7 R8 R9 R10 | M2-2 |
C2 mapped within R7 R8 R9 R10 | M2-2 |
C1-6 C1-7 C1-8 C1-9 | M2-2 |
C2-6 C2-7 C2-8 | M2-2 |
C4-4 C4-5 C4-6 C4-7 | M2-2 |
C5 | M2-2 |
C6 | M2-2 |
C8-3 C8-4 | M2-2 |
M1-3 M1-5 M1-6 | M2-2 |
For non-conforming use in Residence Districts, accessory off-street parking spaces or loading berths shall be subject to the provisions of Sections 25-66 or 25-77 (Screening).
In the Manhattan Core, enlargements or extensions of non-conforming uses which involve the provision of off-street parking are subject to the regulations set forth in Article I, Chapter 3, and in the Long Island City area, as defined in Section 16-02 (Definitions), such enlargements or extensions are subject to the regulations set forth in Article I, Chapter 6.
In the case of a conflict between these provisions and retail continuity provisions that apply to the ground floor of buildings, a non-conforming use on the ground floor in such building may be changed only to a conforming use.
Except for the use of land with minor improvements, in C6 or C8 Districts, a non-conforming use listed in Use Group 17 or 18, or in C8 or Manufacturing Districts, a use listed in Use Group 11A, 16, 17, or 18 which is non-conforming with respect to the applicable district regulations on performance standards, may be enlarged or extended, provided that:
(a) such enlarged or extended portion does not occupy more than 25 percent of the floor area or space which such non-conforming use occupied or utilized within the building or other structure at the time when it became non-conforming; provided, however, that in no event shall any such enlargement or extension create a non-compliance or increase the degree of non-compliance of a non-complying building or other structure; and
(b) such enlarged or extended portion conforms to the applicable district regulations on performance standards and on accessory off-street parking spaces and loading berths, as set forth in Section 52-41 (General Provisions).
In the specified districts, such use may be extended into any floor area where it would be permitted as a changed use under the provisions of Section 52-35 (Manufacturing or Related Uses in Commercial Districts), provided that the applicable district regulations on performance standards and accessory off-street loading berths, as set forth in Section 52-41, shall apply to such extended floor area.
Except for the use of land with minor improvements, in C1 Districts, a non-conforming use listed in Use Group 7, 8 or 9, or, in C4 Districts, a non-conforming use listed in Use Group 7, may be enlarged or extended, provided that:
(a) such enlarged or extended portion does not occupy more than 25 percent of the floor area or space which such non-conforming use occupied or utilized within the building or other structure at the time when it became non-conforming; provided, however, that in no event shall any such enlargement or extension create a non-compliance or increase the degree of non-compliance of a non-complying building or other structure; and
(b) such enlarged or extended portion conforms to the applicable district regulations on accessory off-street parking spaces and loading berths, as set forth in Section 52-41 (General Provisions).
In the specified districts, such use may be extended into any floor area where it would be permitted as a changed use under the provisions of Section 52-36 (Non-Conforming Commercial Uses in Commercial Districts) provided that the applicable district regulations on accessory off-street loading berths, as set forth in Section 52-41, shall apply to such extended floor area.
In C1 Districts, no extension may be made in a building designed for residential use.
In all Residence Districts, except R1 and R2 Districts, a fire station may be enlarged or extended, provided that:
(a) such enlarged or extended portion does not occupy more than 25 percent of the floor area or space which such non-conforming use occupied or utilized within the building or other structure at the time when it became non-conforming;
(b) such enlargement or extension shall not create a non-compliance or increase the degree of non-compliance; and
(c) such enlarged or extended portion conforms to the applicable district regulations on accessory off-street parking spaces as set forth in Section 52-41 (General Provisions).
Community facility bulk regulations as set forth in Article II, Chapter 4, shall apply to such enlarged or extended fire stations.
In an M1 District, a non-conforming residential use occupying at least 50 percent of the floor area of a building which was designed for residential use and erected prior to December 15, 1961, may be extended on the ground floor level provided that no dwelling unit or rooming unit may be located on or below a story occupied by a commercial or manufacturing use. The total number of dwelling units or rooming units in the building may not be increased by more than one for each 400 square feet of residential floor area created by such extension.
In M1-1D, M1-2D, M1-3D, M1-4D and M1-5D Districts, a building containing conforming or non-conforming residential uses may be enlarged and the residential uses extended thereby, provided that no non-residential uses exist above the level of the first story ceiling.
Such enlargement is subject to all of the following regulations:
(a) There shall be no increase in the number of dwelling units in the building beyond the lawful number in existence on December 21, 1989.
(b) The total amount of residential floor area in the building shall not exceed 500 square feet additional to the residential floor area in existence on December 21, 1989, or a floor area ratio of 1.65, whichever is less.
(c) No residential enlargement shall be permitted within 30 feet of the rear lot line.
(d) No enlarged portion shall exceed a height of 32 feet above curb level.
(e) No side yards shall be required. However, if any open area extending along a side lot line is provided at any level it shall have a width of not less than eight feet. However, enlargements of single-family or two-family residences existing as of June 20, 1988 shall be exempt from this requirement, provided such enlarged building does not exceed a height of two stories.
Enlargements in excess of those permitted in this Section, and enlargements that create additional dwelling units may be permitted by authorization of the City Planning Commission, pursuant to the regulations of Sections 42-47 (Residential Uses in M1-1D Through M1-5D Districts) and 42-48 (Supplemental Use Regulations in M1-6D Districts).