11-41 Exceptions, Variances or Permits Previously Authorized Pursuant to the 1916 Zoning Resolution
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).
Such use may be changed to a conforming use and in appropriate cases the authorizing agency may permit such use to be changed to another non-conforming use which would be permitted under the provisions applicable to non-conforming uses as set forth in Sections 52-31 to 52-36, inclusive, relating to Change of Non-Conforming Use, provided that the authorizing agency finds that such change of use will not impair the essential character or the future use or development of the surrounding area.
In permitting a change to another non-conforming use, such authorizing agency may impose appropriate conditions and safeguards to minimize any adverse effects upon the character of the surrounding area.
For the purposes of this Section, a change of use is a change to another use listed in the same or any other Use Group. A change in ownership or occupancy shall not, by itself, constitute a change of use.