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What is NYC ZR § 64-61?

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This section modifies provisions for buildings with non-conforming uses, allowing alterations, enlargements, or reconstructions to comply with flood-resistant standards. It also addresses non-compliance with bulk regulations and outlines applicable damage and destruction provisions. Applies to building owners with non-conforming uses in their properties.

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

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§ 64-61 Special Provisions for Non-conforming Uses

ZR § 64-61

For all buildings with non-conforming uses, the provisions of Sections 52-20 (REPAIRS OR ALTERATIONS), 52-40 (ENLARGEMENTS OR EXTENSIONS), and 52-50 (DAMAGE OR DESTRUCTION), inclusive, shall be modified to allow a non-conforming use to be continued, and a building with non-conforming uses to be altered, enlarged, relocated or reconstructed to comply with flood-resistant construction standards, pursuant to the provisions of this Section, inclusive.

Where a building with non-conforming uses is also non-complying with the applicable bulk regulations, non-compliances may be continued, increased or newly created only in accordance with the provisions of Section 64-612 (Special floor area regulations for buildings with non-conforming uses), Section 64-613 (Special height regulations for buildings with non-conforming uses), and Section 64-614 (Process for establishing non-conforming uses), except that Section 64-622 (Special open area regulations for non-complying buildings) and Section 64-624 (Process for establishing non-compliances) may also apply.

In addition, damage and destruction provisions set forth in Section 64-611 (Special regulations for damage or destruction provisions for buildings with non-conforming uses) shall apply to such buildings.

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