The zoning districts established in this Resolution (as set forth in the district regulations in Articles II, III and IV and on the zoning maps) are designed to guide the future use of the City's land by encouraging the development of desirable residential, commercial and manufacturing areas with appropriate groupings of compatible and related uses and thus to promote and to protect public health, safety and general welfare.

As a necessary corollary, in order to carry out such purposes, non-conforming uses which adversely affect the development of such areas must be subject to certain limitations.  The regulations governing non-conforming uses set forth in this Chapter are therefore adopted in order to provide a gradual remedy for existing undesirable conditions resulting from such incompatible non-conforming uses, which are detrimental to the achievement of such purposes.  While such uses are generally permitted to continue, these regulations are designed to restrict further investment in such uses, which would make them more permanent establishments in inappropriate locations.

In the case of a few objectionable non-conforming uses which are detrimental to the character of the districts in which such uses are located, a reasonable statutory period of life is established for such uses, in order to permit the owner gradually to make his plans for the future during the period when he is allowed to continue the non-conforming uses of his property, thereby minimizing any loss, while at the same time assuring the public that the district in which such non-conformity exists will eventually benefit from a more nearly uniform character.

In the case of buildings not complying with the bulk regulations of this Resolution, the regulations governing non-complying buildings set forth in this Chapter are adopted in order to permit the appropriate use of such buildings but to prevent the creation of additional non-compliances or increases in the degree of existing non-compliances.

These regulations are thus designed to preserve the character of the districts established in this Resolution in the light of their peculiar suitability to particular uses, and thus to promote and protect public health, safety and general welfare.

The provisions of this Chapter shall apply to all conforming uses which are in violation of the provisions of Sections 32-40 and 42-50, inclusive, relating to Supplementary Use Regulations.

All such conforming uses in violation of the supplementary use regulations, subject to the other provisions of this Chapter.

In all districts, any conforming use which is in violation of the supplementary use regulations may be changed to another use, and the changed use need not meet such district regulations, except as set forth herein, provided that such changed use shall not create new instances of such violation or increase the amount of violation previously existing.

Any such changed use and all accessory storage of materials and products shall meet the requirements set forth in Sections 32-41 (Enclosure within Buildings), 42-51 (Enclosure of Commercial or Manufacturing Activities) or 42-52 (Enclosure or Screening of Storage).

In all districts, any conforming use which is in violation of the supplementary use regulations may be enlarged or extended, provided that the extended or enlarged floor area shall not create new instances of such violation or increase the degree of violation previously existing.

For the purposes of this Section, buildings that abutted one another on a single zoning lot on the date of such damage or destruction shall be considered a single building.

The provisions of this Section may be combined, except that individual bulk allowances to increase the height of a building or diminish the amount of an open area through an enlargement shall not be aggregated.

Words in italics are defined in Section 12-10 (DEFINITIONS) or, if applicable exclusively to this Chapter, in this Section.

In the flood zone, the provisions of this Chapter are modified by the provisions of Article VI, Chapter 4.

A non-conforming use may be continued, except as otherwise provided in this Chapter.

Repairs to both structural and non-structural parts or incidental alterations may be made in a building or other structure substantially occupied by a non-conforming use, or in connection with a permitted change or extension of a non-conforming use.

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

1. in order to comply with requirements of law; or
2. in order to accommodate a conforming use; or
3. in order to conform to the applicable district regulations on performance standards; or
4. in the course of an enlargement permitted under the provisions of Section 52-40 (ENLARGEMENTS OR EXTENSIONS), inclusive; or
5. 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;
6. or except as set forth in Section 52-80 (REGULATIONS APPLYING TO NON-CONFORMING SIGNS), inclusive.

For the purposes of this Chapter, a change of use is a change to another use listed in the same or any other Use Group. However, a change in ownership or occupancy shall not, by itself, constitute a change of use.

Except as provided in this Section, a non-conforming use may be changed to any conforming use, and the applicable district bulk regulations and accessory off-street parking requirements shall not apply to such change of use or to alterations made in order to accommodate such conforming use, but shall apply to any enlargement. 

In Mandatory Inclusionary Housing areas and where made applicable pursuant to the provisions of Section 74-05 (General Provisions for Special Permit Uses), the affordable housing requirements of paragraph (a) of Section 27-131 (Mandatory Inclusionary Housing), except maximum floor area ratio, shall apply to such change of use.

The conversion of non-residential floor area to residences shall be subject to the provisions of Article I, Chapter 5 (Residential Conversion Within Existing Buildings), unless such conversions meet the requirements for residential developments of Article II (Residence District Regulations).

A non-conforming use may be changed to another non-conforming use only in accordance with the provisions of this Chapter.

Any such change of use permitted by this Chapter shall conform to the applicable district regulations on accessory off-street loading berths as set forth in Section 52-41 (General Provisions) and on accessory signs, except that in Residence Districts such change shall conform to the regulations on accessory signs applicable in a C1 District.

In the Manhattan Core, a non-conforming use may be changed to an automobile rental establishment as listed in Use Group VI, or to a public parking garage or public parking lot as listed in Use Group IX, only pursuant to the provisions of Article I, Chapter 3, and in the Long Island City area, as defined in Section 16-02 (Definitions), a non-conforming use may be changed to a public parking garage or public parking lot in Use Group IX only pursuant to the provisions of Article I, Chapter 6.

In the case of a conflict between these provisions and retail continuity provisions that apply to the ground floor of buildings, a non-conforming use on the ground floor in such building may be changed only to a conforming use.

In all Residence and Commercial Districts, a non-conforming use of land with minor improvements may be changed only to a conforming use.

In all Residence Districts, a non-conforming use that is listed in Use Groups IV, VI, VII, VIII, IX or X and permitted as-of-right within C7 Districts, may be changed, initially or in any subsequent change, only to a conforming use or to a commercial use permitted as-of-right in C1 Districts, other than those listed in Use Group V. In the case of any such change any associated size limitation denoted with an “S” in the underlying Use Group tables, need not apply. Eating or drinking establishments where such establishment provides entertainment with a cover charge or specified showtime, or includes a dance floor, thus permitted as a change of use, shall be subject to the enclosure provisions of Section 32-411 (In C1, C5, C6-5 or C6-7 Districts).

In all Commercial Districts, a non-conforming use that is listed in Use Groups IV, VI, VII, VIII, IX or X and not permitted as-of-right within C7 Districts, and which is not subject to the provisions of Section 52-32 (Land with Minor Improvements), may be changed either to a conforming use or:

(a)        to any commercial use permitted as-of-right within C7 Districts, other than those listed in Use Group V, in which case any subsequent change of use shall conform to the provisions of Section 52-36 (Non-Conforming Commercial Uses in Commercial Districts); or

(b)        in accordance with the provisions of the following table:

provided that such changed use shall conform to all regulations on performance standards applicable in M1 Districts, and that any such changed use or any storage of materials or products accessory to any changed use shall be located within a completely enclosed building. Whenever a use located within a completely enclosed building is changed to another use, no activity related to such changed use, including the storage of materials or products, shall be located outside of such building.

In Commercial Districts, any non-conforming commercial use is listed in Use Groups IV, VI, VII, VIII, IX or X and permitted as-of-right within C7 Districts, may be changed, initially or in any subsequent change, only to a conforming use or to any commercial use permitted as-of-right in C2 Districts, other than those listed in Use Group V.

In all Manufacturing Districts, any non-conforming commercial use may be changed, initially or in any subsequent change, only to a conforming use or to any use listed in Use Groups VI or VIII, other than an outdoor amusement park.

In all districts, a non-conforming use may not be changed, initially or in any subsequent change, to an adult establishment, except as provided in Sections 32-01 or 42-01 (Special Provisions for Adult Establishments).

A non-conforming use may be enlarged or extended within the district in which such non-conforming use is located only in accordance with the provisions of this Chapter. However, a non-conforming single- or two-family residence in an R3, R4 or R5 District may be enlarged or extended in accordance with the bulk regulations specified for the district in which it is located. Furthermore, enlargements or extensions designed exclusively to permit conformity with the regulations on performance standards, designed in order to improve energy performance, or designed in order to provide required accessory off-street parking spaces or off-street loading berths on the same zoning lot as the use to which such spaces or berths are accessory are not subject to the restrictions set forth herein.

For the purposes of this Section and Sections 52-31 (General Provisions) and 52-42 (C6, C8 or Manufacturing Districts), the applicable district regulations on accessory off-street parking spaces or loading berths shall be determined in accordance with the following tables. The term "required" as used in this Section shall mean some or all of, but not more than, the number of spaces or berths which would be required or permitted by such applicable district regulations for development for such use.

APPLICABLE OFF-STREET PARKING REGULATIONS FOR NON-CONFORMING COMMERCIAL OR MANUFACTURING USES

APPLICABLE OFF-STREET PARKING REGULATIONS FOR NON-CONFORMING RESIDENTIAL OR COMMUNITY FACILITY USES

APPLICABLE OFF-STREET LOADING REGULATIONS

For non-conforming use in Residence Districts, accessory off-street parking spaces or loading berths shall be subject to the provisions of Sections 25-65 or 25-77 (Screening).

In the Manhattan Core, enlargements or extensions of non-conforming uses which involve the provision of off-street parking are subject to the regulations set forth in Article I, Chapter 3, and in the Long Island City area, as defined in Section 16-02 (Definitions), such enlargements or extensions are subject to the regulations set forth in Article I, Chapter 6.

In the case of a conflict between these provisions and retail continuity provisions that apply to the ground floor of buildings, a non-conforming use on the ground floor in such building may be changed only to a conforming use.

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:

1. 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;
2. 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 
3. 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.

In all Residence Districts, except R1 and R2 Districts, a fire station may be enlarged or extended, provided that:

(a)        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;

(b)        such enlargement or extension shall not create a non-compliance or increase the degree of non-compliance; and

(c)        such enlarged or extended portion conforms to the applicable district regulations on accessory off-street parking spaces as set forth in Section 52-41 (General Provisions).

Community facility bulk regulations as set forth in Article II, Chapter 4, shall apply to such enlarged or extended fire stations.

In an M1 District, a non-conforming residential use occupying at least 50 percent of the floor area of a building which was designed for residential use and erected prior to December 15, 1961, may be extended on the ground floor level provided that no dwelling unit or rooming unit may be located on or below a story occupied by a commercial or manufacturing use. The total number of dwelling units shall be that which would be permitted through the provisions of Section 23-50 (DENSITY REGULATIONS), inclusive, in accordance with the applicable geography.

In M1-1D, M1-2D, M1-3D, M1-4D and M1-5D Districts, a building containing non-conforming residential uses may be enlarged and the residential uses extended thereby, provided that no non-residential uses exist above the level of the first story ceiling.

Such enlargement is subject to all of the following regulations:

1. The total amount of residential floor area in the building shall not exceed 500 square feet additional to the residential floor area in existence on December 21, 1989, or the applicable floor area ratio for an R5 District, whichever is less.
2. All remaining bulk regulations of a C2 District mapped within an R5 District shall apply.

Enlargements in excess of those permitted in this Section may be permitted by authorization of the City Planning Commission, pursuant to the regulations of Section 42-311 (Residential uses in M1-1D through M1-5D Districts).

Except as set forth in Section 52-80 (REGULATIONS APPLYING TO NON-CONFORMING SIGNS), inclusive, if a non-conforming building or other structure is damaged, destroyed or demolished, the provisions set forth in Sections 52-52 to 52-56, inclusive, shall apply.

However, if a non-conforming single- or two-family residence in an R3, R4, or R5 District is damaged, destroyed or demolished, such building may be continued in use and reconstructed provided that such reconstruction shall not create a new non-compliance nor increase the pre-existing degree of non-compliance with the applicable bulk regulations.

In all districts, if a non-conforming building or other structure or other improvement located on land with minor improvements is damaged or destroyed by any means, including but not limited to, any demolition ordered or permitted by the Department of Buildings, to the extent of 25 percent or more of the assessed valuation of all buildings or other structures or other improvements thereon (as determined from the assessment rolls effective on the date of damage or destruction), such non-conforming use shall terminate, and the zoning lot shall thereafter be used only for a conforming use.

In all Residence Districts, if the floor area occupied by non-conforming uses within a building designed for residential use is damaged or destroyed by any means, including but not limited to, any demolition ordered or permitted by the Department of Buildings, to the extent of 25 percent or more of such floor area, such building may be continued in use or reconstructed only in accordance with the provisions of Section 52-53 (Buildings or Other Structures in All Districts) except that the 25 percent ratio set forth in this Section shall apply instead of the 50 percent ratio set forth in Section 52-53.

In the event that a building or other structure substantially occupied or utilized by a non-conforming use is damaged or destroyed to a lesser extent than that specified in Sections 52-51 to 52-54, inclusive, relating to Damage, Destruction or Demolition, the building or other structure may be restored and the non-conforming use of such building or other structure or zoning lot may be continued, provided that such restoration shall not create a non-compliance or increase the degree of non-compliance, if any, existing prior to such damage, destruction or demolition.

In the case of damage or destruction of less than 75 percent of the total floor area of a non-conforming building containing three or more dwelling units in an M1-1D, M1-2D, M1-3D, M1-4D or M1-5D District, such building may be repaired or reconstructed, and its residential use continued, subject to the following regulations:

(a)        there shall be no increase in the number of dwelling units in the building beyond the lawful number in existence prior to such damage and destruction; and

(b)        there shall be no increase to the pre-existing amount of floor area except as expressly provided in Section 52-46 (Conforming and Non-conforming Residential Uses in M1-1D Through M1-5D Districts).

Enlargements in excess of those permitted, pursuant to paragraph (b) of this Section, may be permitted by authorization of the City Planning Commission pursuant to the regulations of Section 42-311 (Residential uses in M1-1D through M1-5D Districts).

If, for a continuous period of two years, either the non-conforming use of land with minor improvements is discontinued, or the active operation of substantially all the non-conforming uses in any building or other structure is discontinued, such land or building or other structure shall thereafter be used only for a conforming use. Intent to resume active operations shall not affect the foregoing.

The provisions of this Section shall not apply where such discontinuance of active operations is directly caused by war, strikes or other labor difficulties, a governmental program of materials rationing, or the construction of a duly authorized improvement project by a governmental body or a public utility company.

However, the provisions of this Section shall also not apply to vacant ground floor or basement stores in buildings designed for residential use located in R1 through R12 Districts, where the changed or reactivated use is a use listed in Use Group VI that would be permitted in a C1 District that is a select commercial overlay, or an office, as listed in Use Group VII.

Furthermore, the provisions of this Section shall be modified to allow transient hotels, motels or tourists cabins existing on December 9, 2021, in a Residence District, to be restored to such use until December 9, 2027, regardless of more than two years of discontinuance of the use, and regardless of any change of use between December 9, 2021, and December 9, 2027. 

In addition, the changed or reactivated use shall be subject to the provisions of Section 52-34 (Commercial Uses in Residence Districts).

In M1-1D, M1-2D, M1-3D, M1-4D and M1-5D Districts, vacant floor area in a building originally designed as dwelling units or rooming units may be occupied by a residential use provided that the requirements of either paragraph (a) or (b) are met.

(a)        Residential uses in such buildings may be reactivated as-of-right, provided:

(1)        the floor area has been continuously vacant for two years or more;

(2)        the street line of the zoning lot upon which the discontinued building stands does not exceed 60 feet in length (or, in the case of a corner lot, the lot area does not exceed 6,800 square feet); and

(3)        the zoning lots abutting on both side lot lines and fronting on the same street (or streets, if a corner lot) are occupied by buildings designed for residential use and contain no manufacturing uses.

(b)        Residential uses in such buildings may be reactivated by authorization of the City Planning Commission, provided:

(1)        the floor area has been continuously vacant for two years or more;

(2)        the street line of the zoning lot upon which the discontinued building stands does not form a continuous frontage with vacant land or land with minor improvements whose aggregate length exceeds 60 feet (or, in the case of a corner lot, the lot area does not exceed 6,800 square feet);

(3)        the zoning lot abutting on one side lot line and fronting on the same street is occupied by either:

(i)        a building designed for residential use or a community facility building; or

(ii)        a building originally designed as dwelling units or rooming units for which an application to reactivate residential use in such building has been combined with the subject application;

(4)        25 percent or more of the aggregate length of the block fronts on both sides of the street facing each other is occupied by zoning lots containing community facility buildings or buildings containing residences; and

(5)        the Commission finds that:

(i)        reactivating the residential use will not adversely affect manufacturing or commercial uses in the district; and

(ii)        such residential use will not be exposed to excessive noise, smoke, dust, noxious odor, or other adverse impacts from manufacturing or commercial uses.

In granting such authorization, the Commission may prescribe additional conditions and safeguards as the Commission deems necessary.

The number of dwelling units permitted in such reactivated building containing residences shall not exceed the greater of the number of lawful dwelling units last recorded by the Department of Buildings, or as would be permitted through the provisions of Section 23-50 (DENSITY REGULATIONS), inclusive, in accordance with the applicable geography.

No dwelling unit shall be permitted on or below a story occupied by a commercial or manufacturing use.

Residential uses in M1-D Districts may enlarge pursuant to the regulations of Sections 52-46 (Conforming and Non-conforming Residential Uses in M1-1D Through M1-5D Districts) or 42-311 (Residential uses in M1-1D through M1-5D Districts) as applicable.

In specified districts, specified non-conforming signs, specific non-conforming uses of land with minor improvements, specified non-conforming objectionable uses, certain specific types of uses involving open storage or salvage, non-conforming adult establishments, or certain non-conforming public parking lots may be continued for a reasonable period of useful life as set forth in this Chapter, provided that after the expiration of that period such non-conforming uses shall terminate in accordance with the provisions of this Chapter.

In all Residence Districts, a non-conforming use of land with minor improvements that is listed in Use Groups IV, VI, VII, VIII, IX or X and not permitted as-of-right within C7 Districts, may be continued for three years after December 15, 1961, or such later date that the use becomes non-conforming, provided that after the expiration of that period such non-conforming use shall terminate, and thereafter such land shall be used only for a conforming use.

In all Residence Districts, any open use involving waste or high-hazard material storage in Use Groups IV(B) or IX, other than a use of land with minor improvements that:

(a)        involves activities not located within a completely enclosed building; and

(b)        involves the use of buildings or other structures or other improvements with a total assessed valuation, excluding land, of less than $20,000 as determined from the assessment rolls effective on the date established for termination;

may be continued for 10 years after December 15, 1961, or such later date that the use becomes non-conforming, provided that after the expiration of that period such non-conforming use shall terminate, and thereafter such land or building or other structure shall be used only for a conforming use.

In all districts, non-conforming building materials or contractors' yards, or non-conforming junk or salvage yards, including auto wrecking or similar establishments, or non-conforming scrap metal, junk, paper or rags storage, sorting or baling may be continued subject to the applicable provisions set forth herein, whichever impose the greater restriction.

(a)        In Residence Districts, where such use constitutes a non-conforming use of land with minor improvements, the provisions of Section 52-72 (Land With Minor Improvements) apply.

(b)        In Residence Districts, where such use constitutes a use other than a use of land with minor improvements, and meets the criteria set forth in Section 52-74 (Uses Objectionable in Residence Districts), the provisions of Section 52-74 apply.

(c)        In all districts where such use is non-conforming with respect to the required enclosure as set forth in the listing of such use in Section 42-19 (Use Group IX – Storage) and is either conforming or non-conforming in other respects, it may be continued without such enclosure until a date three years from February 8, 1968, or from such later date that the use becomes non-conforming. Thereafter, any such use which does not conform with the enclosure requirements shall be terminated, and the land shall be used only for a conforming use.

In all districts, a non-conforming adult establishment shall terminate within one year from October 25, 1995, or from such later date that the adult establishment becomes non-conforming, except that such establishment may be continued for a limited period of time by the Board of Standards and Appeals pursuant to Section 72-40 (AMORTIZATION OF CERTAIN ADULT ESTABLISHMENTS AND SIGNS FOR ADULT ESTABLISHMENTS). However, the provisions of this Section shall not apply to an adult establishment subject to the provisions of paragraph (f) of Section 32-01 or 42-01 (Special Provisions for Adult Establishments).

A non-conforming sign shall be subject to all the provisions of this Chapter relating to non-conforming uses, except as modified by the provisions of Sections 52-82 (Non-Conforming Signs other than Advertising Signs) and 52-83 (Non-Conforming Advertising Signs).

A change in the subject matter represented on a sign shall not be considered a change of use.

Any non-conforming sign, except a flashing sign or a sign subject to the provisions of Section 52-734 (Non-conforming signs for adult establishments), and except any advertising signs may be structurally altered, reconstructed or replaced in the same location and position, provided that such structural alteration, reconstruction or replacement does not result in:

(a)        the creation of a new non-conformity or an increase in the degree of non-conformity of such sign;

(b)        an increase in the surface area of such sign; or

(c)        an increase in the degree of illumination of such sign.

However, any structural alteration, reconstruction or replacement of a non-conforming sign accessory to a non-conforming use shall be subject to the provisions of Section 52-31 (General Provisions).

To the extent that such structural alteration, reconstruction or replacement of non-conforming signs is permitted under the provisions of this Section, the provisions of the following Sections are modified:

Section 52-22 (Structural Alterations)

Sections 52-51 to 52-55, inclusive, relating to Damage or Destruction.

In all Manufacturing Districts, or in C1, C2, C4, C5-4, C6, C7 or C8 Districts, except as otherwise provided in Sections 32-66 or 42-65 (Additional Regulations for Signs Near Certain Parks and Designated Arterial Highways), any non-conforming advertising sign except a flashing sign may be structurally altered, reconstructed or replaced in the same location and position, provided that such structural alteration, reconstruction or replacement does not result in:

(a)        the creation of a new non-conformity or an increase in the degree of non-conformity of such sign;

(b)        an increase in the surface area of such sign; or

(c)        an increase in the degree of illumination of such sign.

However, in Community District 1 in the Borough of Brooklyn, a non-conforming advertising sign may be structurally altered, reconstructed or replaced in a different location, and may create a new non-conformity or non-compliance, or an increase in the degree of non-conformity or non-compliance, provided such sign is reconstructed pursuant to a Certificate of Appropriateness from the Landmarks Preservation Commission, is located on a landmark building that is part of a general large scale development, and there is no increase in the surface area or degree of illumination of such sign. Furthermore, the discontinuance provisions of Section 52-61 shall not apply to such sign, provided such sign is reconstructed on the landmark building prior to the issuance of a temporary certificate of occupancy for any use within such building.

No sign that exceeds or is otherwise in violation of any illumination standard established by rule of the Department of Buildings shall be non-conforming as to such illumination standard one year after such rule becomes effective.

To the extent that such structural alteration, reconstruction or replacement of non-conforming advertising signs is permitted under the provisions of this Section, the provisions of the following Sections are modified:

Section 52-22 (Structural Alterations)

Sections 52-51 to 52-55, inclusive, relating to Damage or Destruction.

Words in italics are defined in Section 12-10 (DEFINITIONS) or, if applicable exclusively to this Chapter, in this Section.

In the flood zone, the provisions of this Chapter are modified by the provisions of Article VI, Chapter 4.

The use of a non-complying building or other structure may be continued, except as otherwise provided in this Chapter.

Repairs, incidental alterations, or structural alterations may be made in a non-complying building or other structure, except that such alterations made in the course of an enlargement shall be subject to the provisions of Section 54-31 (General Provisions).

Except as otherwise provided in this Chapter, a non-complying building or other structure may be enlarged or converted, provided that no enlargement or conversion may be made which would either create a new non-compliance or increase the degree of non-compliance of a building or other structure or any portion thereof. A building that is complying with the applicable bulk regulations may be enlarged or converted, provided that no enlargement or conversion may be made that would create a new non-compliance, except as set forth in Section 54-50 (MODIFICATIONS TO THE PROVISIONS OF THIS CHAPTER), inclusive.

If a non-complying building or other structure is damaged or destroyed by any means, including any demolition as set forth in this Section, to the extent of 75 percent or more of its total floor area, such building may be reconstructed only in accordance with the applicable district bulk regulations, except in the case of a one- or two-family residence, such residence may be reconstructed provided that such reconstruction shall not create a new non-compliance nor increase the pre-existing degree of non-compliance with the applicable bulk regulations. If the extent of such damage or destruction is less than 75 percent, a non-complying building may be reconstructed provided that such reconstruction shall not create a new non-compliance nor increase the pre-existing degree of non-compliance with the applicable bulk regulations.

In addition, the alteration of such existing building resulting in both the removal of more than 75 percent of the floor area and more than 25 percent of the perimeter walls of such existing building, and the replacement of any portion thereof, shall be considered a development for the purposes of the provisions set forth in Section 11-23 (Demolition and Replacement).

In the event that any demolition, damage or destruction of an existing building other than one- or two-family residences produces an unsafe condition requiring a Department of Buildings order or permit for further demolition of floor area to remove or rectify the unsafe condition, and the aggregate floor area demolished, damaged or destroyed including that ordered or permitted by the Department of Buildings constitutes 75 percent or more of the total floor area of such building, then such building may be reconstructed only in accordance with the applicable district bulk regulations.

In any case where the applicant alleges that floor area is an inappropriate measure of the extent of damage or destruction, and elects to substitute reconstruction costs for floor area, an application may be made to the Board of Standards and Appeals to determine the extent of the damage or destruction. Such a building may be reconstructed as provided in Section 54-41 (Permitted Reconstruction), substituting the ratio which the cost of reconstructing the damaged or destroyed portion of such building bears to the cost of reconstructing the entire building, for the percentage of total floor area. In determining reconstruction costs, the cost of land shall be excluded.

Notwithstanding the other provisions of this Chapter, in all districts, a development, enlargement or alteration comprised exclusively of the addition of energy infrastructure equipment, accessory mechanical equipment, or qualifying exterior wall thickness, whether to a building or to an open area of the zoning lot, may create a new non-compliance or increase the degree of non-compliance of a building or other structure, provided that:

1. where locating such equipment in a non-complying open space, yard, rear yard equivalent, or court, as applicable, such equipment shall comply with the applicable height and area restrictions for the respective open area set forth in the applicable underlying district regulations, as applied to the level and size of the non-complying open area;
2. where locating such equipment on the rooftop of a building that is non-complying with respect to height and setback regulations, such equipment shall comply with the height and area regulations for such permitted obstruction set forth in the applicable underlying district regulations, as applied to the level of the rooftop, inclusive of any non-compliance into a required setback area, yard, or other required open area;
3. at any level, all energy infrastructure equipment or accessory mechanical equipment will be enclosed or screened in compliance with the applicable provisions for such permitted obstructions; and
4. where locating qualifying exterior wall thickness into either a non-complying open space, yard, rear yard, or court, or into a non-complying distance between two buildings or a non-complying distance between a building and lot line, or in a location not otherwise permitted by underlying street wall location rules, such additional encroachment of wall thickness shall not exceed the depth permitted by the underlying permitted obstruction regulations.

Notwithstanding the other provisions of this Chapter, in all districts, an enlargement, extension, conversion, change of use or other alteration to a building that furthers the design and construction of facilities for accessibility for individuals with disabilities or furthers building safety by greater conformance with the most recent New York City Construction Codes, may create a new non-compliance or increase the degree of a non-compliance, provided that increases to existing non-compliances, or the creation of new non-compliances, with regard to:

1. maximum floor area ratio shall not exceed ten percent of the existing floor area, or 1,000 square feet, whichever is less;
2. required open space, yards, rear yard equivalents, or courts, as applicable, shall not diminish the size of the required or existing open area, as applicable, by more than 20 percent, and no further encroachment to a non-complying yard shall be closer to a lot line than an existing building on the zoning lot; and
3. the permitted height and setback of a building, shall be limited to one story or 15 feet, whichever is less, measured relative to the height of the existing building.

Allowances for permitted obstructions may be applied to an existing building, including as modified pursuant to the provisions of this Section.

Notwithstanding the other provisions of this Chapter, in all districts, for buildings where 75 percent or more of the existing floor space is allocated to residential uses, an enlargement, extension, conversion, change of use or other alteration to such building that increases or improves the residential floor space within a building, may create a new non-compliance or increase the degree of a non-compliance, provided that increases to existing non-compliances, or the creation of new non-compliances, with regard to:

1. maximum residential floor area ratio shall be limited in size to floor space existing within the volume of a building on the zoning lot. For multiple dwelling residences, such allowance shall be limited to buildings existing on December 5, 2024;
2. required open space, yards, rear yard equivalents, or courts, as applicable, shall not diminish the area of the existing open area by more than 20 percent and no further encroachment to a non-complying yard shall be closer to a lot line than an existing building on the zoning lot; and
3. the permitted height and setback of a building, shall be limited to one story or 15 feet, whichever is less, measured relative to the height of the existing building.

Allowances for permitted obstructions may be applied to an existing building, including as modified pursuant to the provisions of this Section.

In all Residence Districts, a non-conforming use that is:

1. listed in Use Groups IV, VI, VII, VIII, IX or X and not permitted as-of-right within C7 Districts; and 
2. which is located in a building designed for residential use,

may be changed only to a use permitted in Residence Districts.

In all Residence Districts, a non-conforming use that is listed in Use Groups IV, VI, VII, VIII, IX or X and not permitted as-of-right within C7 Districts, and which is not subject to the provisions of Sections 52-32 (Land with Minor Improvements) or 52-331 (Buildings designed for residential use), may be changed either to a conforming use or:

(a)        to any commercial use permitted as-of-right within C7 Districts, other than those listed in Use Group V, in which case any subsequent change of use shall conform to the provisions of Section 52-34 (Commercial Uses in Residence Districts); or

(b)        in accordance with the provisions of the following table:

provided that such changed use shall conform to all regulations on performance standards applicable in M1 Districts, and that any such changed use, or the storage of materials or products accessory to any changed use, which is not located within a completely enclosed building, shall be screened by a solid wall or fence (including solid entrance or exit gates) at least eight feet in height. Whenever a use located within a completely enclosed building is changed to another use, no activity related to such changed use, including the storage of materials or products, shall be located outside of such building.

In no event shall any change of use permitted in paragraph (b) of this Section extend the statutory period of useful life applicable under the provisions of Section 52-74 (Uses Objectionable in Residence Districts).

In all districts, if any building, except a building subject to the provisions of Section 52-54 (Buildings Designed for Residential Use in Residence Districts), or of Section 52-56 (Multiple Dwellings in M1-1D Through M1-5D Districts), which is substantially occupied by a non-conforming use, is damaged or destroyed by any means, including any demolition as set forth in Sections 52-50 et seq., to the extent of 50 percent or more of its total floor area, such building may either:

(a)        be repaired or incidentally altered, and the existing non-conforming use may be continued; or

(b)        be reconstructed, but only for a conforming use; provided, however, that in no event shall any such reconstruction create a non-compliance or increase the degree of non-compliance of a non-complying building.

However, where the damage or destruction is so great that the provisions in Sections 54-41 and 54-42 relating to Damage, Destruction or Demolition in Non-Complying Buildings also apply, the latter Sections shall govern the permitted bulk of the reconstructed building.

In addition, the alteration of an existing building resulting in both the removal of more than 75 percent of the floor area and more than 25 percent of the perimeter walls of such existing building, and the replacement of any portion thereof, shall be considered a development for the purposes of the provisions set forth in Section 11-23 (Demolition and Replacement).

In applying the provisions of this Section to damaged or destroyed structures, substantially utilized by a non-conforming use, any appropriate measure of the size of such structures shall be substituted for floor area in determining the extent of damage or destruction.

In the event that any demolition, damage or destruction of an existing building produces an unsafe condition requiring a Department of Buildings order or permit for further demolition of floor area to remove or rectify the unsafe condition, and the aggregate floor area demolished, damaged or destroyed including that ordered or permitted by the Department of Buildings constitutes 50 percent or more of the total floor area of such building, then such building may be repaired or reconstructed only in accordance with the provisions of paragraph (a) or (b) in this Section.

For the purposes of this Section, any single-family or two-family residence located within an M1-1D, M1-2D, M1-3D, M1-4D, M1-5D or M1-6D District and existing on June 20, 1988, shall be a conforming use.

For the purposes of this Section, buildings that abutted one another on a single zoning lot on the date of such damage or destruction shall be considered a single building.

In any case where the applicant alleges that floor area is an inappropriate measure of the extent of damage or destruction, and elects to substitute reconstruction costs for floor area, an application may be made to the Board of Standards and Appeals to determine the extent of such damage or destruction.

If the Board finds that the costs of reconstructing the damaged or destroyed portion of such building to its previous condition exceed 50 percent of the costs of reconstructing the entire building to the condition existing on the date of such damage or destruction, the provisions of Section 52-531 (Permitted reconstruction or continued use) shall apply. In determining reconstruction costs, the cost of land shall be excluded.

In all Residence Districts, a non-conforming advertising sign may be continued for 10 years after December 15, 1961, or such later date that such sign becomes non-conforming, providing that after the expiration of that period such non-conforming advertising sign shall terminate.

In all Residence or Commercial Districts, a non-conforming sign on an awning or canopy may be continued for one year after December 15, 1961, or such later date that such sign becomes non-conforming, provided that after the expiration of that period such non-conforming sign shall terminate.

On all waterways adjacent to Residence, Commercial or Manufacturing Districts and within view from an arterial highway, a non-conforming advertising sign may be continued for one year after July 23, 1964, if already in operation on April 15, 1964; provided that after the expiration of this period such non-conforming advertising sign shall terminate.

For the purposes of this Section, an advertising sign is a sign that directs attention to a profession, business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises of the vessel and is not accessory to a use on such vessel.

In all districts, a non-conforming sign for an adult establishment shall terminate within one year from October 25, 1995, or from such later date that such sign becomes non-conforming, except that such sign may be continued for a limited period of time by the Board of Standards and Appeals, pursuant to Section 72-40 (AMORTIZATION OF CERTAIN ADULT ESTABLISHMENTS AND SIGNS FOR ADULT ESTABLISHMENTS).

If a building or portion of a building contains rooming units, such rooming units may be converted to dwelling units in accordance with the provisions of Section 23-50 (DENSITY REGULATIONS), inclusive.

The Board of Standards and Appeals may permit enlargements or conversions that create a new non-compliance, or increase an existing non-compliance with applicable bulk regulations in accordance with the provisions of Section 73-60 (MODIFICATIONS OF BULK REGULATIONS), inclusive.