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What is NYC ZR § 52-42?

Quick Answer

This section allows for the enlargement or extension of non-conforming uses in Commercial or Manufacturing Districts, under certain conditions. The enlarged portion must not exceed 25 percent of the original non-conforming space and must comply with performance standards. Applies to building owners in specified districts with non-conforming uses.

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

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§ 52-42 C6, C8 or Manufacturing Districts

ZR § 52-42

Except for the use of land with minor improvements, in Commercial Districts or Manufacturing Districts, a use which is non-conforming with respect to the applicable district regulations on performance standards, may be enlarged or extended, provided that:

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 non-compliance or increase the degree of non-compliance of a non-complying building or other structure;

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); and

such non-conformance with the performance standards was not self-created.

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.

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