NYC Zoning Resolution

§ 109-522 — Special provisions for the preservation of certain existing buildings

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What is NYC ZR § 109-522?

Quick Answer

This section outlines special provisions for the preservation of certain existing buildings listed in Appendix B. It restricts demolition and alteration of architectural features unless permitted by the City Planning Commission. The statute applies to building owners of listed properties contemplating changes in use or alterations.

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§ 109-522 Special provisions for the preservation of certain existing buildings

ZR § 109-522

Buildings listed in Appendix B of this Chapter, shall not be demolished or have their external architectural features altered, except as set forth in this Section.

The City Planning Commission, by special permit, may allow:

(a)in such buildings, for a change of a conforming use to another conforming use, the applicable underlying district, or Special Little Italy District, bulk regulations shall not apply to such change of use; or

(b)the alteration of such buildings, provided that such alteration and treatment of the facade relates harmoniously to the character and materials of the original facade and of adjoining buildings; and

(c)the demolition of such buildings, other than unsafe buildings, provided that the Commission finds that the existing building is not suitable for rehabilitation.

For the purposes of this Section, a change of use is a change to another use listed in the same or any other conforming Use Group; however, a change in ownership or occupancy shall not, by itself, constitute a change of use. Enlargements of such buildings shall be subject to all applicable district regulations. The Commission may prescribe appropriate conditions and safeguards to ensure that any interim uses proposed on the site prior to any construction are in conformance with the purposes of the Special District.

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