Article I General Provisions

Article II Residence District Regulations

Article III Commercial District Regulations

Article IV Manufacturing District Regulations

Article V Non-Conforming Uses and Non-Complying Buildings

Article VI Special Regulations Applicable to Certain Areas

Article VII Administration

Article VIII Special Purpose Disctricts

Article IX Special Purpose Disctricts

Article X Special Purpose Disctricts

Article XI Special Purpose Disctricts

Article XII Special Purpose Disctricts

Article XIII Special Purpose Disctricts

Appendix A Index of Uses [PDF]

Appendix B Index of Special Purpose Districts [PDF]

Appendix C City Environmental Quality Review (CEQR) Table 1 - Environmental Requirements [PDF]

Appendix C City Environmental Quality Review (CEQR) Table 2 - Restrictive Declarations [PDF]

Appendix D Zoning Map Amendment ("D") Restrictive Declarations [PDF]

Appendix E Design Requirements for Plazas, Residential Plazas and Urban Plazas Developed Prior to October 17, 2007 [PDF]

Appendix F Inclusionary Housing Designated Areas [PDF]

Appendix G Quantities of Radioactive Materials [PDF]

Appendix H Designation of Arterial Highways [PDF]

Appendix I Transit Zone [PDF]

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(10/25/95)

The zoning districts established in this Resolution (as set forth in the district regulations in Articles II, III and IV and on the zoning maps) are designed to guide the future use of the City's land by encouraging the development of desirable residential, commercial and manufacturing areas with appropriate groupings of compatible and related uses and thus to promote and to protect public health, safety and general welfare.

As a necessary corollary, in order to carry out such purposes, non-conforming uses which adversely affect the development of such areas must be subject to certain limitations. The regulations governing non-conforming uses set forth in this Chapter are therefore adopted in order to provide a gradual remedy for existing undesirable conditions resulting from such incompatible non-conforming uses, which are detrimental to the achievement of such purposes. While such uses are generally permitted to continue, these regulations are designed to restrict further investment in such uses, which would make them more permanent establishments in inappropriate locations.

In the case of a few objectionable non-conforming uses which are detrimental to the character of the districts in which such uses are located, a reasonable statutory period of life is established for such uses, in order to permit the owner gradually to make his plans for the future during the period when he is allowed to continue the non-conforming uses of his property, thereby minimizing any loss, while at the same time assuring the public that the district in which such non-conformity exists will eventually benefit from a more nearly uniform character.

In the case of buildings not complying with the bulk regulations of this Resolution, the regulations governing non-complying buildings set forth in this Chapter are adopted in order to permit the appropriate use of such buildings but to prevent the creation of additional non-compliances or increases in the degree of existing non-compliances.

These regulations are thus designed to preserve the character of the districts established in this Resolution in the light of their peculiar suitability to particular uses, and thus to promote and protect public health, safety and general welfare.
(11/19/87)

Words in italics are defined in Section 12-10 (DEFINITIONS) or, if applicable exclusively to this Chapter, in this Section.
(10/9/13)

In the #flood zone#, the provisions of this Chapter are modified by the provisions of Article VI, Chapter 4.
(12/15/61)
(12/15/61)

A #non-conforming use# may be continued, except as otherwise provided in this Chapter.
(12/15/61)
(12/15/61)

Repairs to both structural and non-structural parts or #incidental alterations# may be made in a #building or other structure# substantially occupied by a #non-conforming use#, or in connection with a permitted change or #extension# of a #nonconforming use#.
(12/21/89)

No structural alterations shall be made in a #building or other structure# substantially occupied by a #non-conforming use#, except when made:
  1. in order to comply with requirements of law; or
  2. in order to accommodate a conforming #use#; or
  3. in order to conform to the applicable district regulations on performance standards; or
  4. in the course of an #enlargement# permitted under the provisions of Sections 52-41 to 52-46, inclusive, relating to Enlargements or Extensions,
or except as set forth in Sections 52-81 to 52-83, inclusive, relating to Regulations Applying to Non-Conforming Signs.
(12/15/61)
(5/8/13)

For the purposes of this Chapter, a change of #use# is a change to another #use# listed in the same or any other Use Group. However, a change in ownership or occupancy shall not, by itself, constitute a change of #use#.

A #non-conforming use# may be changed to any conforming #use#, and the applicable district #bulk# regulations and #accessory# off-street parking requirements shall not apply to such change of #use# or to alterations made in order to accommodate such conforming #use#, but shall apply to any #enlargement#.

In all zoning districts which mandate compliance with the Quality Housing Program, the provisions of Article II, Chapter 8, shall apply to such change of #use#.

However, notwithstanding the provisions above, in Manhattan Community Districts 1, 2, 3, 4, 5 and 6, Brooklyn Community Districts 1, 2, 6 and 8, and Queens Community Districts 1 and 2, the #conversion# of non-#residential floor area# to #residences# shall be subject to the provisions of Article I, Chapter 5 (Residential Conversion within Existing Buildings), unless such #conversions# meet the requirements for #residences# of Article II (Residence District Regulations).

A #non-conforming use# may be changed to another #non-conforming use# only in accordance with the provisions of this Chapter.

Any such change of #use# permitted by this Chapter shall conform to the applicable district regulations on #accessory# off-street loading berths as set forth in Section 52-41 (General Provisions) and on #accessory signs#, except that in #Residence Districts# such change shall conform to the regulations on #accessory signs# applicable in a C1 District.

In the #Manhattan Core#, a #non-conforming use# may be changed to an automobile rental establishment, #public parking garage# or #public parking lot# in Use Groups 8 and 12D only pursuant to the provisions of Article I, Chapter 3, and in the #Long Island City area#, as defined in Section 16-02 (Definitions), a #nonconforming use# may be changed to a #public parking garage# or #public parking lot# in Use Groups 8 and 12D only pursuant to the provisions of 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#.
(12/15/61)

In all #Residence# and #Commercial Districts#, a #non-conforming use# of #land with minor improvements# may be changed only to a conforming #use#.
(12/15/61)
(12/15/61)

In all #Residence Districts#, a #non-conforming use# listed in Use Group 11A, 16, 17 or 18 which is located in a #building designed for residential use# may be changed only to a #use# permitted in #Residence Districts#.
(8/17/90)

In all #Residence Districts#, a #non-conforming use# listed in Use Group 11A, 16, 17 or 18 which is not subject to the provisions of Sections 52-32 (Land with Minor Improvements) or 52-331 (Buildings designed for residential use), may be changed either to a conforming #use# or:
  1. to any #use# listed in Use Group 6, 7B, 7C, 7D, 8, 9, 10, 11B or 14, in which case any subsequent change of #use# shall conform to the provisions of Section 52-34 (Commercial Uses in Residence Districts); or

  2. in accordance with the provisions of the following table:

    From Use Group To Use Group
    11A

    16 or 17

    18



    11A

    11A 16 or 17

    11A 16 17 or 18




    provided that such changed #use# shall conform to all regulations on performance standards applicable in M1 Districts, and that any such changed #use#, or the storage of materials or products #accessory# to any changed #use#, which is not located within a #completely enclosed building#, shall be screened by a solid wall or fence (including solid entrance or exit gates) at least eight feet in height. Whenever a #use# located within a #completely enclosed building# is changed to another #use#, no activity related to such changed #use#, including the storage of materials or products, shall be located outside of such #building#.

    In no event shall any change of #use# permitted in paragraph (b) of this Section extend the statutory period of useful life applicable under the provisions of Section 52-74 (Uses Objectionable in Residence Districts).
(2/2/11)

In all #Residence Districts#, a #non-conforming use# listed in Use Group 6, 7, 8, 9, 10, 11B, 12, 13, 14 or 15 may be changed, initially or in any subsequent change, only to a conforming #use# or to a #use# listed in Use Group 6. In the case of any such change, the limitation on #floor area# set forth in Section 32-15 (Use Group 6) shall not apply. Eating or drinking places, with musical entertainment, but not dancing, thus permitted as a change of #use#, shall be limited exclusively to the sale of food or drink for on-premises consumption by seated patrons within a #completely enclosed building#.
(8/17/90)

In all #Commercial Districts#, a #non-conforming use# listed in Use Group 11A, 16, 17 or 18 which is not subject to the provisions of Section 52-32 (Land with Minor Improvements), may be changed either to a conforming #use# or:
  1. to a #use# listed in Use Group 6, 7, 8, 9, 10, 11B or 14, in which case any subsequent change of #use# shall conform to the provisions of Section 52-36 (Non-Conforming Commercial Uses in Commercial Districts); or

  2. in accordance with the provisions of the following table:

    From Use Group To Use Group
    11A

    16 or 17

    18



    11A

    11A 16 or 17

    11A 16 17 or 18




    provided that such changed #use# shall conform to all regulations on performance standards applicable in M1 Districts, and that any such changed #use# or any storage of materials or products #accessory# to any changed #use# shall be located within a #completely enclosed building#. Whenever a #use# located within a #completely enclosed building# is changed to another #use#, no activity related to such changed #use#, including the storage of materials or products, shall be located outside of such #building#.

    However, in C1, C3, C4 or C5 Districts, a #non-conforming use# listed in Use Group 11A, 16, 17 or 18, which is not subject to the provisions of Section 52-32, may not be changed to a #motel# or #tourist cabin#.
(8/17/90)

In C1, C2, C4, C6, C7 or C8 Districts, any #non-conforming use# listed in Use Group 7, 8, 9, 10, 11B, 12, 13, 14 or 15 may be changed, initially or in any subsequent change, only to a conforming #use# or to any #use# listed in Use Group 7, 8 or 9.

In C3 Districts, any such #non-conforming use# may be changed, initially or in any subsequent change, only to a conforming #use# or to a #use# listed in Use Group 6.

However, in C1 or C4 Districts, a #non-conforming use# may not be changed to a #motel# or #tourist cabin#.
(8/15/74)

In all #Manufacturing Districts#, any #non-conforming use# listed in Use Group 5, 6, 7, 9, 10, 12 or 15 may be changed, initially or in any subsequent change, only to a conforming #use# or to any #use# listed in Use Group 6, 9, 10 or 12.
(10/25/95)

In all districts, a #non-conforming use# may not be changed, initially or in any subsequent change, to an #adult establishment#, except as provided in Section 32-01 or Section 42-01 (Special Provisions for Adult Establishments).
(12/15/61)
(5/8/13)

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 #nonconforming 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 #Nonconforming
Use# is Located
District whose
Regulations are
Applicable

R1 R2 R3 R4 R5 R6 R7-1

C1-1 C1-2 C1-3 C1-4

C2-1 C2-2 C2-3 C2-4

C3

C4-1 C4-2 C4-3 C4-4

C7

C8-1 C8-2 C8-3

M1-1 M1-2 M1-3

M2-1 M2-2

R7-2 R8 R9 R10

C1-5 C1-6 C1-7 C1-8 C1-9

C2-5 C2-6 C2-7 C2-8

C4-5 C4-6 C4-7

C5

C6

C8-4

M1-4 M1-5 M1-6

M2-3 M2-4

































M3-1

M3-1

M3-1

M3-1

M3-1

M3-1

M3-1

M3-1

M3-1

M3-2

M3-2

M3-2

M3-2

M3-2

M3-2

M3-2

M3-2

M3-2



































APPLICABLE OFF-STREET PARKING REGULATIONS
FOR NON-CONFORMING
RESIDENTIAL OR COMMUNITY FACILITY USES

District in which #Nonconforming
Use# is Located
District whose
Regulations are
Applicable

C8-1 C8-2 C8-3

M1-1 M1-2 M1-3

M2-1 M2-2

M3-1

C8-4

M1-4 M1-5 M1-6

M2-3 M2-4

M3-2













R5

R5

R5

R5

R10

R10

R10

R10















APPLICABLE OFF-STREET LOADING REGULATIONS
District in which #Nonconforming
Use# is Located
District whose
Regulations are
Applicable

R1 R2 R3 R4 R5 R6

C1 mapped within R1 R2 R3 R4
R5 R6

C2 mapped within R1 R2 R3 R4
R5 R6

C3

C4-1 C4-2 C4-3

C7

C8-1 C8-2

M1-1 M1-2 M1-4

R7 R8 R9 R10

C1 mapped within R7 R8 R9 R10

C2 mapped within R7 R8 R9 R10

C1-6 C1-7 C1-8 C1-9

C2-6 C2-7 C2-8

C4-4 C4-5 C4-6 C4-7

C5

C6

C8-3 C8-4

M1-3 M1-5 M1-6



































M2-1

M2-1


M2-1


M2-1

M2-1

M2-1

M2-1

M2-1

M2-2

M2-2

M2-2

M2-2

M2-2

M2-2

M2-2

M2-2

M2-2

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 #nonconforming 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#.
(9/22/66)

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:
  1. 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 #noncompliance# or increase the degree of #non-compliance# of a #non-complying building or other structure#; and

  2. 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 (General Provisions), shall apply to such #extended floor area#.
(9/22/66)

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:
  1. 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 #noncompliance# or increase the degree of #non-compliance# of a #non-complying building or other structure#; and

  2. 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#.
(2/2/11)

In all #Residence Districts#, except R1 and R2 Districts, a fire station may be #enlarged# or #extended#, provided that:
  1. 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#;

  2. such #enlargement# or #extension# shall not create a #noncompliance# or increase the degree of #non-compliance#; and

  3. 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.
(2/2/11)

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#.
(9/21/11)

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:
  1. There shall be no increase in the number of #dwelling units# in the #building# beyond the lawful number in existence on December 21, 1989.

  2. 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.

  3. No #residential enlargement# shall be permitted within 30 feet of the #rear lot line#.

  4. No #enlarged# portion shall exceed a height of 32 feet above #curb level#.

  5. 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).
(12/15/61)
(12/5/90)

Except as set forth in Sections 52-81 to 52-83, inclusive, relating to Regulations Applying to Non-Conforming Signs, if a #non-conforming building or other structure# is damaged, destroyed or demolished, the provisions set forth in Sections 52- 52 to 52-56, inclusive, shall apply.

However, if a #non-conforming single-# or #two-family residence# in an R3, R4, or R5 District is damaged, destroyed or demolished, such #building# may be continued in #use# and reconstructed provided that such reconstruction shall not create a new #noncompliance# nor increase the pre-existing degree of #noncompliance# with the applicable #bulk# regulations.
(2/2/11)

In all districts, if a #non-conforming building or other structure# or other improvement located on #land with minor improvements# is damaged or destroyed by any means, including but not limited to any demolition ordered or permitted by the Department of Buildings, to the extent of 25 percent or more of the assessed valuation of all #buildings or other structures# or other improvements thereon (as determined from the assessment rolls effective on the date of damage or destruction), such #nonconforming use# shall terminate, and the #zoning lot# shall thereafter be used only for a conforming #use#.
(12/15/61)
(9/21/11)

In all districts, if any #building#, except a #building# subject to the provisions of Section 52-54 (Buildings Designed for Residential Use in Residence Districts), or of Section 52-56 (Multiple Dwellings in M1-1D through M1-5D Districts), which is substantially occupied by a #non-conforming use#, is damaged or destroyed by any means, including any demolition as set forth in Sections 52-50 et seq., to the extent of 50 percent or more of its total #floor area#, such #building# may either:
  1. be repaired or #incidentally altered#, and the existing #non-conforming use# may be continued; or

  2. be reconstructed, but only for a conforming #use#; provided, however, that in no event shall any such reconstruction create a #non-compliance# or increase the degree of #noncompliance# of a #non-complying building#.
However, where the damage or destruction is so great that the provisions in Sections 54-41 and 54-42 relating to Damage, Destruction or Demolition in Non-Complying Buildings also apply, the latter Sections shall govern the permitted #bulk# of the reconstructed #building#.

In addition, the alteration of an existing #building# resulting in both the removal of more than 75 percent of the #floor area# and more than 25 percent of the perimeter walls of such existing #building#, and the replacement of any portion thereof, shall be considered a #development# for the purposes of the provisions set forth in Section 11-23 (Demolition and Replacement).

In applying the provisions of this Section to damaged or destroyed structures, substantially utilized by a #non-conforming use#, any appropriate measure of the size of such structures shall be substituted for #floor area# in determining the extent of damage or destruction.

In the event that any demolition, damage or destruction of an existing #building# produces an unsafe condition requiring a Department of Buildings order or permit for further demolition of #floor area# to remove or rectify the unsafe condition, and the aggregate #floor area# demolished, damaged or destroyed including that ordered or permitted by the Department of Buildings constitutes 50 percent or more of the total #floor area# of such #building#, then such #building# may be repaired or reconstructed only in accordance with the provisions of paragraph (a) or (b) in this Section.

For the purposes of this Section, any #single-family# or #twofamily residence# located within an M1-1D, M1-2D, M1-3D, M1-4D, M1-5D or M1-6D District and existing on June 20, 1988, shall be a conforming #use#.

For the purposes of this Section, #buildings# that #abutted# one another on a single #zoning lot# on the date of such damage or destruction shall be considered a single #building#.
(12/15/61)

In any case where the applicant alleges that #floor area# is an inappropriate measure of the extent of damage or destruction, and elects to substitute reconstruction costs for #floor area#, an application may be made to the Board of Standards and Appeals to determine the extent of such damage or destruction.

If the Board finds that the costs of reconstructing the damaged or destroyed portion of such #building# to its previous condition exceed 50 percent of the costs of reconstructing the entire #building# to the condition existing on the date of such damage or destruction, the provisions of Section 52-531 (Permitted reconstruction or continued use) shall apply. In determining reconstruction costs, the cost of land shall be excluded.
(3/28/85)

In all #Residence Districts#, if the #floor area# occupied by #non-conforming uses# within a #building designed for residential use# is damaged or destroyed by any means, including but not limited to any demolition ordered or permitted by the Department of Buildings, to the extent of 25 percent or more of such #floor area#, such #building# may be continued in #use# or reconstructed only in accordance with the provisions of Section 52-53 (Buildings or Other Structures in All Districts) except that the 25 percent ratio set forth in this Section shall apply instead of the 50 percent ratio set forth in Section 52-53.
(2/2/11)

In the event that a #building or other structure# substantially occupied or utilized by a #non-conforming use# is damaged or destroyed to a lesser extent than that specified in Sections 52- 51 to 52-54, inclusive, relating to Damage, Destruction or Demolition, the #building or other structure# may be restored and the #non-conforming use# of such #building or other structure# or #zoning lot# may be continued, provided that such restoration shall not create a #non-compliance# or increase the degree of #non-compliance#, if any, existing prior to such damage, destruction or demolition.
(9/21/11)

In the case of damage or destruction of less than 75 percent of the total #floor area# of a #non-conforming building# containing three or more #dwelling units# in an M1-1D, M1-2D, M1-3D, M1-4D or M1-5D District, such #building# may be repaired or reconstructed, and its #residential use# continued, subject to the following regulations:
  1. there shall be no increase in the number of #dwelling units# in the #building# beyond the lawful number in existence prior to such damage and destruction; and

  2. there shall be no increase to the pre-existing amount of #floor area# except as expressly provided in Section 52-46 (Conforming and Non-conforming Residential Uses in M1-1D through M1-5D Districts).
#Enlargements# in excess of those permitted, pursuant to paragraph (b) of this Section, and #enlargements# that create additional #dwelling units#, may be permitted by authorization of the City Planning Commission pursuant to the regulations of Section 42-47 (Residential Uses in M1-1D through M1-5D Districts).
(12/15/61)
(10/7/76)

If, for a continuous period of two years, either the #nonconforming use# of #land with minor improvements# is discontinued, or the active operation of substantially all the #non-conforming uses# in any #building or other structure# is discontinued, such land or #building or other structure# shall thereafter be used only for a conforming #use#. Intent to resume active operations shall not affect the foregoing.

The provisions of this Section shall not apply where such discontinuance of active operations is directly caused by war, strikes or other labor difficulties, a governmental program of materials rationing, or the construction of a duly authorized improvement project by a governmental body or a public utility company.

Except in Historic Districts as designated by the Landmarks Preservation Commission, the provisions of this Section shall not apply to vacant ground floor or #basement# stores in #buildings designed for residential use# located in R5, R6 or R7 Districts where the changed or reactivated #use# is listed in Use Group 6A, 6B, 6C or 6F excluding post offices, veterinary medicine for small animals, automobile supply stores, electrolysis studios and drive-in banks. In addition, the changed or reactivated #use# shall be subject to the provisions of Section 52-34 (Commercial Uses in Residence Districts).
(9/21/11)

In M1-1D, M1-2D, M1-3D, M1-4D and M1-5D Districts, vacant #floor area# in a #building# originally designed as #dwelling units# or #rooming units# may be occupied by a #residential use# provided that the requirements of either paragraph (a) or (b) are met.
  1. #Residential uses# in such #buildings# may be reactivated as-of-right, provided:
    1. the #floor area# has been continuously vacant for two years or more;
    2. the #street line# of the #zoning lot# upon which the discontinued #building# stands does not exceed 60 feet in length (or, in the case of a #corner lot#, the #lot area# does not exceed 6800 square feet); and
    3. the #zoning lots abutting# on both #side lot lines# and fronting on the same #street# (or #streets#, if a #corner lot#) are occupied by #buildings designed for residential use# and contain no #manufacturing uses#.

  2. #Residential uses# in such #buildings# may be reactivated by authorization of the City Planning Commission, provided:
    1. the #floor area# has been continuously vacant for two years or more;
    2. the #street line# of the #zoning lot# upon which the discontinued #building# stands does not form a continuous frontage with vacant land or #land with minor improvements# whose aggregate length exceeds 60 feet (or, in the case of a #corner lot#, the #lot area# does not exceed 6800 square feet);
    3. the #zoning lot abutting# on one #side lot line# and fronting on the same #street# is occupied by either:
      1. a #building designed for residential use# or a #community facility building#; or
      2. a #building# originally designed as #dwelling units# or #rooming units# for which an application to reactivate #residential use# in such #building# has been combined with the subject application;
    4. 25 percent or more of the aggregate length of the #block# fronts on both sides of the #street# facing each other is occupied by #zoning lots# containing #community facility buildings# or #buildings# containing #residences#; and
    5. the Commission finds that:
      1. reactivating the #residential use# will not adversely affect #manufacturing# or #commercial uses# in the district; and
      2. such #residential use# will not be exposed to excessive noise, smoke, dust, noxious odor, or other adverse impacts from #manufacturing# or #commercial uses#.
In granting such authorization, the Commission may prescribe additional conditions and safeguards as the Commission deems necessary.

The number of #dwelling units# permitted in such reactivated #building# containing #residences# shall not exceed the greater of the number of lawful #dwelling units# last recorded by the Department of Buildings, or one #dwelling unit# for every 675 square feet of total net #residential floor area# as defined in Section 28-02 (Definitions).

No #dwelling unit# shall be permitted on or below a #story# occupied by a #commercial# or #manufacturing use#.

#Residential uses# in M1-D Districts may #enlarge# pursuant to the regulations of Section 52-46 (Conforming and Non-conforming Residential Uses in M1-1D through M1-5D Districts) or 42-47 (Residential Uses in M1-1D through M1-5D Districts) as applicable.
(12/15/61)
(10/25/95)

In specified districts, specified #non-conforming signs#, specific #non-conforming uses# of #land with minor improvements#, specified #non-conforming# objectionable #uses#, certain specific types of #uses# involving open storage or salvage, #nonconforming adult establishments#, or certain #non-conforming public parking lots# may be continued for a reasonable period of useful life as set forth in this Chapter, provided that after the expiration of that period such #non-conforming uses# shall terminate in accordance with the provisions of this Chapter.
(12/15/61)

In all #Residence Districts#, a #non-conforming use# of #land with minor improvements# listed in Use Group 11A, 16, 17 or 18 may be continued for three years after December 15, 1961, or such later date that the #use# becomes #non-conforming#, provided that after the expiration of that period such #non-conforming use# shall terminate, and thereafter such land shall be used only for a conforming #use#.
(4/8/98)
(8/22/63)

In all #Residence Districts#, a #non-conforming advertising sign# may be continued for ten years after December 15, 1961, or such later date that such #sign# becomes #non-conforming#, providing that after the expiration of that period such #non-conforming advertising sign# shall terminate.
(12/15/61)

In all #Residence# or #Commercial Districts#, a #non-conforming sign# on an awning or canopy may be continued for one year after December 15, 1961, or such later date that such #sign# becomes #non-conforming#, provided that after the expiration of that period such #non-conforming sign# shall terminate.
(4/8/98)

On all waterways adjacent to #Residence#, #Commercial# or #Manufacturing Districts# and within view from an arterial highway, a #non-conforming advertising sign# may be continued for one year after July 23, 1964, if already in operation on April 15, 1964; provided that after the expiration of this period such #non-conforming advertising sign# shall terminate.

For the purposes of this Section, an #advertising sign# is a #sign# that directs attention to a profession, business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises of the vessel and is not #accessory# to a #use# on such vessel.
(4/8/98)

In all districts, a #non-conforming sign# for an #adult establishment# shall terminate within one year from October 25, 1995, or from such later date that such #sign# becomes #nonconforming#, except that such #sign# may be continued for a limited period of time by the Board of Standards and Appeals, pursuant to Section 72-40 (AMORTIZATION OF CERTAIN ADULT ESTABLISHMENTS AND SIGNS FOR ADULT ESTABLISHMENTS).
(2/8/68)

In all #Residence Districts#, any of the following objectionable #uses# listed in Use Group 18, other than a #use# of #land with minor improvements#:

Coal storage;

Dumps, marine transfer stations for garbage, or slag piles;

Junk or salvage yards, including auto wrecking or similar establishments (whether or not such yard is enclosed);

Lumber yards (whether or not such yard is enclosed);

Manure, peat or topsoil storage;

Scrap metal, junk, paper or rags storage, sorting or baling (whether or not the yard in which such #use# is conducted is enclosed);

that:
  1. involves activities not located within a #completely enclosed building#; and

  2. involves the #use# of #buildings or other structures# or other improvements with a total assessed valuation, excluding land, of less than $20,000 as determined from the assessment rolls effective on the date established for termination;

  3. may be continued for ten years after December 15, 1961, or such later date that the #use# becomes #non-conforming#, provided that after the expiration of that period such #nonconforming use# shall terminate, and thereafter such land or #building or other structure# shall be used only for a conforming #use#.
(2/8/68)

In all districts, #non-conforming# building materials or contractors' yards, or #non-conforming# junk or salvage yards, including auto wrecking or similar establishments, or #nonconforming# scrap metal, junk, paper or rags storage, sorting or baling may be continued subject to the applicable provisions set forth herein, whichever impose the greater restriction.
  1. In #Residence Districts#, where such #use# constitutes a #non-conforming use# of #land with minor improvements#, the provisions of Section 52-72 (Land with Minor Improvements) apply.

  2. In #Residence Districts#, where such #use# constitutes a #use# other than a #use# of #land with minor improvements#, and meets the criteria set forth in Section 52-74 (Uses Objectionable in Residence Districts), the provisions of Section 52-74 apply.

  3. In all districts where such #use# is #non-conforming# with respect to the required enclosure as set forth in the listing of such #use# in Sections 42-14 (Use Group 17) or 42-15 (Use Group 18), and is either conforming or #nonconforming# in other respects, it may be continued without such enclosure until a date three years from February 8, 1968, or from such later date that the #use# becomes #nonconforming#. Thereafter, any such #use# which does not conform with the enclosure requirements shall be terminated, and the land shall be used only for a conforming #use#.
(11/16/78)

In all districts, any #adult physical culture establishment#, unless subject to an earlier termination requirement contained in this Resolution, shall terminate not later than one year after November 16, 1978, and thereafter the space formerly occupied by such #use# shall be used only for a conforming #use#.
(10/25/95)

In all districts, a #non-conforming# #adult establishment# shall terminate within one year from October 25, 1995, or from such later date that the #adult establishment# becomes #nonconforming#, except that such establishment may be continued for a limited period of time by the Board of Standards and Appeals pursuant to Section 72-40 (AMORTIZATION OF CERTAIN ADULT ESTABLISHMENTS AND SIGNS FOR ADULT ESTABLISHMENTS). However, the provisions of this Section shall not apply to an #adult establishment# subject to the provisions of paragraph (f) of Section 32-01 or 42-01 (Special Provisions for Adult Establishments).
(4/8/98)
(4/8/98)

A #non-conforming sign# shall be subject to all the provisions of this Chapter relating to #non-conforming uses#, except as modified by the provisions of Sections 52-82 (Non-Conforming Signs other than Advertising Signs) and 52-83 (Non-Conforming Advertising Signs).

A change in the subject matter represented on a #sign# shall not be considered a change of #use#.
(4/8/98)

Any #non-conforming sign#, except a #flashing sign# or a #sign# subject to the provisions of Section 52-734 (Non-conforming signs for adult establishments), and except any #advertising signs# may be structurally altered, reconstructed or replaced in the same location and position, provided that such structural alteration, reconstruction or replacement does not result in:
  1. the creation of a new #non-conformity# or an increase in the degree of #non-conformity# of such #sign#;
  2. an increase in the #surface area# of such #sign#; or
  3. an increase in the degree of illumination of such #sign#.
However, any structural alteration, reconstruction or replacement of a #non-conforming sign accessory# to a #non-conforming use# shall be subject to the provisions of Section 52-31 (General Provisions).

To the extent that such structural alteration, reconstruction or replacement of #non-conforming signs# is permitted under the provisions of this Section, the provisions of the following Sections are modified:

Section 52-22 (Structural Alterations)

Sections 52-51 to 52-55, inclusive, relating to Damage or Destruction.
(7/29/10)

In all #Manufacturing Districts#, or in C1, C2, C4, C5-4, C6, C7 or C8 Districts, except as otherwise provided in Sections 32-66 (Additional Regulations for Signs Near Certain Parks and Designated Arterial Highways) or 42-55, any #non-conforming advertising sign# except a #flashing sign# may be structurally altered, reconstructed or replaced in the same location and position, provided that such structural alteration, reconstruction or replacement does not result in:
  1. the creation of a new #non-conformity# or an increase in the degree of #non-conformity# of such #sign#;
  2. an increase in the #surface area# of such #sign#; or
  3. an increase in the degree of illumination of such #sign#.
However, in Community District 1 in the Borough of Brooklyn, a #non-conforming advertising sign# may be structurally altered, reconstructed or replaced in a different location, and may create a new #non-conformity# or #non-compliance#, or an increase in the degree of #non-conformity# or non-#compliance#, provided such #sign# is reconstructed pursuant to a Certificate of Appropriateness from the Landmarks Preservation Commission, is located on a landmark #building# that is part of a #general large scale development#, and there is no increase in the #surface area# or degree of illumination of such #sign#. Furthermore, the discontinuance provisions of Section 52-61 shall not apply to such #sign#, provided such #sign# is reconstructed on the landmark #building# prior to the issuance of a temporary certificate of occupancy for any #use# within such #building#.

No #sign# that exceeds or is otherwise in violation of any illumination standard established by rule of the Department of Buildings shall be #non-conforming# as to such illumination standard one year after such rule becomes effective.

To the extent that such structural alteration, reconstruction or replacement of #non-conforming advertising signs# is permitted under the provisions of this Section, the provisions of the following Sections are modified:

Section 52-22 (Structural Alterations)

Sections 52-51 to 52-55, inclusive, relating to Damage or Destruction.
(4/23/64)

The provisions of this Chapter shall apply to all conforming #uses# which are in violation of the provisions of Sections 32-41 and 32-42, relating to Supplementary Use Regulations, or Sections 32-51 and 32-52, relating to Special Provisions Applying along District Boundaries, or Sections 42-41, 42-42, 42-44 and 42-45, relating to Supplementary Use Regulations and Special Provisions Applying along District Boundaries.
(12/15/61)

All such conforming #uses# in violation of the supplementary #use# regulations, or of the special provisions applying along district boundaries may be continued, subject to the other provisions of this Chapter.
(12/15/61)

In all districts, any conforming #use# which is in violation of the supplementary #use# regulations, or of the special provisions applying along district boundaries, may be changed to another #use#, and the changed #use# need not meet such district regulations, except as set forth herein, provided that such changed #use# shall not create new instances of such violation or increase the amount of violation previously existing.

Any such changed #use# and all #accessory# storage of materials and products shall meet the requirements set forth in Sections 32-41 (Enclosure within Buildings), 42-41 (Enclosure of Commercial and Manufacturing Activities) or 42-42 (Enclosure or Screening of Storage).
(12/15/61)

In all districts, any conforming #use# which is in violation of the supplementary #use# regulations, or of the special provisions applying along district boundaries, may be #enlarged# or #extended#, provided that the #extended# or #enlarged floor area# shall not create new instances of such violation or increase the degree of violation previously existing.
(12/15/61)
(12/15/61)

Words in italics are defined in Section 12-10 (DEFINITIONS) or, if applicable exclusively to this Chapter, in this Section.
(12/15/61)
(12/15/61)

The #use# of a #non-complying building or other structure# may be continued, except as otherwise provided in this Chapter.
(12/15/61)
(12/15/61)

Repairs, #incidental alterations#, or structural alterations may be made in a #non-complying building or other structure#, except that such alterations made in the course of an #enlargement# shall be subject to the provisions of Section 54-31 (General Provisions).
(12/15/61)
(2/2/11)

Except as otherwise provided in Section 54-313, a #non-complying building or other structure# may be #enlarged# or #converted#, provided that no #enlargement# or #conversion# may be made which would either create a new #non-compliance# or increase the degree of #non-compliance# of a #building or other structure# or any portion thereof.
(2/2/11)

If a #building# or portion of a #building# has more #rooming units# than are permitted by the applicable district regulations, such #building# may be #converted# to #dwelling units# in accordance with the provisions of Section 15-111 (Number of permitted dwelling units).
(12/15/61)

The Board of Standards and Appeals may modify the above requirements in accordance with the provisions of Section 73-61 (General Provisions) and 73-65 (Enlargement of Public Utility Facilities).
(4/30/12)
  1. In R4 Districts, except R4A, R4-1 and R4B Districts, and in R5 Districts other than R5B Districts, for an existing #single-# or #two-family residence# with a #non-complying front yard#, an #enlargement# involving a vertical extension of existing #building# walls facing such #non-complying front yard# is permitted, provided the following conditions are met:
    1. the portion of the #building# which is being vertically extended complies with the height and setback regulations specified for the district in which it is located; and
    2. the #non-complying front yard# where the #building# wall is being vertically extended is at least 10 feet in depth.

    Notwithstanding the above, the provisions of this paragraph, (a), shall also be applicable in R4A Districts in #lower density growth management areas#.

  2. In all districts, for an existing #single-# or #two-family residence# with a #non-complying side yard#, an #enlargement# involving a vertical extension of existing #building# walls facing such #non-complying side yard# is permitted, provided the following conditions are met:
    1. the portion of the #building# which is being vertically extended complies with the height and setback regulations applicable to an R3-2 District;
    2. the #non-complying side yard# where the #building# wall is being vertically extended is at least three feet in width and the minimum distance between such #building# wall and the nearest #building# wall or vertical prolongation thereof on an adjoining #zoning lot# across the common #side lot line# is eight feet;
    3. the #enlarged building# does not contain more than two #dwelling units#;
    4. that there is no encroachment on the existing #noncomplying side yard#, except as set forth in this Section; and
    5. the #enlargement# does not otherwise result in the creation of a new #non-compliance# or in an increase in the degree of #non-compliance#.
Notwithstanding the provisions set forth in paragraphs (a)(1) and (b)(1) of this Section, when an existing #building# has added exterior wall thickness pursuant to Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents), such vertical extensions may align with the location of the finished exterior #building# wall of the existing #building#.
(7/26/01)

In R6, R7 or R8 Districts, for any substantial rehabilitation of one or more #non-complying# multiple dwellings which were in existence prior to December 15, 1961, the City Planning Commission may authorize the existing #open space# on the #zoning lot# to be reduced by not more than five percent and the existing #building floor area# on such #zoning lot# to be increased by not more than five percent, if the Commission finds that such modification of the applicable #bulk# regulations as set forth in Section 54-31 will result in an improved apartment design with adequate access of light and air and an improved circulation system. In the #Special Clinton District#, such authorizations may apply to complying multiple dwellings and may include a five percent increase in #lot coverage# and #floor area#. The Commission, in making the findings above may round out the #floor area# or #lot coverage# increase to the nearest percent.

No increase in the existing density and apartment #floor area# shall be permitted for such #buildings#.
(2/2/11)

For the purposes of this Section, #buildings# that #abutted# one another on a single #zoning lot# on the date of such damage or destruction shall be considered a single #building#.
(2/2/11)

If a #non-complying building or other structure# is damaged or destroyed by any means, including any demolition as set forth in this Section, to the extent of 75 percent or more of its total #floor area#, such #building# may be reconstructed only in accordance with the applicable district #bulk# regulations, except in the case of a one- or two-family residence, such #residence# may be reconstructed provided that such reconstruction shall not create a new #non-compliance# nor increase the pre-existing degree of #non-compliance# with the applicable #bulk# regulations. If the extent of such damage or destruction is less than 75 percent, a #non-complying building# may be reconstructed provided that such reconstruction shall not create a new #non-compliance# nor increase the pre-existing degree of #non-compliance# with the applicable #bulk# regulations.

In addition, the alteration of such existing #building# resulting in both the removal of more than 75 percent of the #floor area# and more than 25 percent of the perimeter walls of such existing #building#, and the replacement of any portion thereof, shall be considered a #development# for the purposes of the provisions set forth in Section 11-23 (Demolition and Replacement).

In the event that any demolition, damage or destruction of an existing #building# other than one- or #two-family residences# produces an unsafe condition requiring a Department of Buildings order or permit for further demolition of #floor area# to remove or rectify the unsafe condition, and the aggregate #floor area# demolished, damaged or destroyed including that ordered or permitted by the Department of Buildings constitutes 75 percent or more of the total #floor area# of such #building#, then such #building# may be reconstructed only in accordance with the applicable district #bulk# regulations.
(12/15/61)

In any case where the applicant alleges that #floor area# is an inappropriate measure of the extent of damage or destruction, and elects to substitute reconstruction costs for #floor area#, an application may be made to the Board of Standards and Appeals to determine the extent of the damage or destruction. Such a #building# may be reconstructed as provided in Section 54-41 (Permitted Reconstruction), substituting the ratio which the cost of reconstructing the damaged or destroyed portion of such #building# bears to the cost of reconstructing the entire #building#, for the percentage of total #floor area#. In determining reconstruction costs, the cost of land shall be excluded.
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