11-40 Exceptions, Variances, Authorizations or Permits

Whenever under the provisions of the 1916 Zoning Resolution as amended, either the Board of Standards and Appeals or the City Planning Commission with the approval of the Board of Estimate or the City Council, has authorized any use to locate in a district in which it is not permitted as-of-right by issuing a variance, exception or permit, such existing use established pursuant to such grant may be continued, changed, extended, enlarged or structurally altered only as provided in this Section or in Article VII, Chapter 3 or 4, provided that the lot area of the zoning lot occupied by such use is not increased.

Where no limitation as to duration of the use was imposed at the time of authorization, such use may be continued.  Where such use was authorized subject to a term of years, such use may be continued until the expiration of the term, and thereafter, the agency which originally authorized such use may, in appropriate cases, extend the period of continuance for one or more terms of not more than 10 years each.  The agency may prescribe appropriate conditions and safeguards to minimize adverse effects of such use on the character of the neighborhood.

Repairs or incidental alterations may be made and in appropriate cases the authorizing agency may permit structural alterations, extensions or enlargements limited to the zoning lot that was granted a variance, exception or permit prior to December 15, 1961.  However, the use of any building or other structure shall not be extended, and the building or other structure shall not be enlarged, in excess of 50 percent of the floor area of such building (or size of such structure) occupied or utilized by the use on December 15, 1961, and, except as otherwise provided in Article VII, no structural alterations, extensions or enlargements shall be authorized for a new non-conforming use authorized under the provisions of Section 11-413 (Change of use).

Any authorization or special permit granted by the City Planning Commission, except one granted with a 10 year lapse period, that would automatically lapse as set forth in Section 11-42 (Lapse of Authorization or Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution) may be renewed without public hearing, for two additional three-year terms, provided that the Commission finds that the facts upon which the authorization or special permit was granted have not substantially changed. However, all special permits or authorizations granted by the Commission shall lapse after a total of 10 years from the date of their original granting if substantial construction has not taken place at such time. An application for a renewal of authorization or special permit shall be filed with the Commission before it lapses.

Within the area bounded by West 22nd Street, a line 100 feet west of Fifth Avenue, a line midway between West 16th Street and West 17th Street, and a line 100 feet east of Sixth Avenue, any special permit granted by the City Planning Commission may be started or continued, in accordance with the terms thereof, or as such terms may be subsequently modified, pursuant to the bulk regulations in effect at the time such special permit was granted, subject to the provisions of Sections 11-42 (Lapse of Authorization or Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution) and 11-43 (Renewal of Authorization or Special Permit).