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What is NYC BC § 3202.2.1.4.6?

Quick Answer

This section mandates the removal of a marquee when the occupancy or use of a building changes to one where a projecting marquee is not allowed. An exception exists for buildings under the Landmarks Preservation Commission's jurisdiction if the removal is deemed inappropriate for the building's architectural character. Applies to building owners with marquess in changing occupancy situations.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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3202.2.1.4.6 Change of occupancy.

BC § 3202.2.1.4.6

When the occupancy or use of a building with a marquee is changed to an occupancy or use for which a projecting marquee is not permitted, the marquee shall be removed. Exception: For buildings subject to the jurisdiction of the Landmarks Preservation Commission, Section 3202.2.1.4.6 shall not apply when the Landmarks Preservation Commission makes a determination that the removal of the marquee would be inappropriate to the architectural character of the building or historic district.

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