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What is NYC ZR § 42-68?

Quick Answer

This section establishes that signs erected prior to December 13, 2000, retain non-conforming use status if they were permitted by the Department of Buildings. It specifies conditions under which advertising signs do not gain non-conforming status, particularly concerning proximity to arterial highways and public parks. Applies to property owners with existing signage in specified districts.

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

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§ 42-68 Signs Erected Prior to December 13, 2000

ZR § 42-68

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In all districts, as indicated, a sign erected prior to December 13, 2000, shall have non-conforming use status pursuant to Sections 52-82 (Non-conforming Signs Other Than Advertising Signs) or 52-83 (Non-conforming Advertising Signs) with respect to the extent of the degree of non-conformity of such sign as of such date with the provisions of Sections 42-52, 42-53 and 42-54, where such sign shall have been issued a permit by the Department of Buildings on or before such date. In all such districts, as indicated, a sign other than an advertising sign erected prior to December 13, 2000, shall also have non-conforming use status pursuant to Section 52-82 with respect to the degree of non-conformity of such sign as of such date with the provisions of Section 42-55, paragraphs (a)(1) and (b), where such sign shall have been issued a permit by the Department of Buildings on or before such date. Nothing herein shall be construed to confer non-conforming use status upon any advertising sign located within 200 feet of an arterial highway or of a public park with an area of one-half acre or more, and within view of such arterial highway or public park, or where such advertising sign is located at a distance from an arterial highway or public park with an area of one-half acre or more which is greater in linear feet than there are square feet of surface area on the face of such sign, contrary to the requirements of Section 42-55, paragraph (b). The non-conforming use status of signs subject to Section 42-55, paragraphs (c)(1), (c)(2) and (d), shall remain unaffected by this provision.

For the purposes of this Section, arterial highways shall include all highways that are shown on the Master Plan of Arterial Highways and Major Streets as "principal routes," "parkways" or "toll crossings," and that have been designated by the City Planning Commission as arterial highways to which the provisions of this Section shall apply.

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