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What is NYC ZR § 52-22?

Quick Answer

This section prohibits structural alterations in buildings substantially occupied by non-conforming uses, except under specific conditions such as compliance with legal requirements, accommodating conforming uses, or improving energy performance. Applies to building owners involved in structural modifications of non-conforming use properties.

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

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§ 52-22 Structural Alterations

ZR § 52-22

No structural alterations shall be made in a building or other structure substantially occupied by a non-conforming use, except when made:

in order to comply with requirements of law; or

in order to accommodate a conforming use; or

in order to conform to the applicable district regulations on performance standards; or

in the course of an enlargement permitted under the provisions of Section 52-40 (ENLARGEMENTS OR EXTENSIONS), inclusive; or

in the course of an alteration to improve the energy performance of the building or other structure, including, but not limited to, the addition of solar energy systems, energy storage systems, or qualifying exterior wall thickness;

or except as set forth in Section 52-80 (REGULATIONS APPLYING TO NON-CONFORMING SIGNS), inclusive.

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