11-333

Special allowances for building permits issued prior to certain dates

  1. Residential developments with building permits issued on or before June 30, 1989

If on or before June 30, 1989, the foundations of a residential major or minor development have been completed and permits issued pursuant to the requirements of Section 11-331 (Right to construct if foundations completed), and a certificate of occupancy has not been issued by June 30, 1991, construction may continue until June 30, 1995, for a minor development, or until June 30, 1997, for a major development, provided the Commissioner of Buildings determines that 30 percent of the floor area of the major or minor development was roofed and enclosed by walls by June 30, 1991. Applications to continue construction under this Section must be filed with the Commissioner of Buildings within 90 days of December 5, 1991. If the Commissioner of Buildings has granted the right to continue construction of a major or minor development pursuant to this Section, the Board of Standards and Appeals may not grant the right to continue construction pursuant to paragraph (a) of Section 11-332.

  1. Building permits issued prior to June 29, 1994

If, before June 29, 1994, a building permit has been lawfully issued, as set forth in paragraph (a) of Section 11-31, to a person with a possessory interest in a zoning lot authorizing construction, such construction may be started or continued for a period of one year pursuant to the regulations governing R6A, R6B, R7A, R7B, R7X, R8A, R8B, R8X, R9A, R9X or R10A Districts or Commercial Districts with such Residence District bulk regulations, or in any other district in which such construction complies with the Quality Housing Program, prior to the adoption of N940257 ZRY - Quality Housing Follow-Up Text Amendments.

  1. Building permits for other construction in R1-2A and R2A Districts

In R1-2A Districts established on or after April 22, 2009, and R2A Districts established on or after December 20, 2006, if a building permit for other construction has been lawfully issued prior to the dates establishing such districts, such construction may be continued, notwithstanding the provisions of paragraph (a) of Section 11-332 (Extension of period to complete construction), provided that the Department of Buildings determines that all of the requisite structural framing to perform the work authorized under the permit was completed on or before the date establishing the district. If the Commissioner of Buildings determines that such framing was not complete on such date, the provisions of paragraph (a) of Section 11-332 shall apply.

  1. Building permits issued before April 30, 2008

In all districts other than R1, R2, R3, R4 or R5 Districts, if, before April 30, 2008, a building permit has been lawfully issued authorizing construction on a zoning lot, the provisions of N080078 ZRY, pertaining to yards and N080081 ZRY, pertaining to street trees, shall not apply, provided that foundations have been completed in accordance with paragraphs (a) and (b) of Section 11-331 (Right to construct if foundations completed), as applicable, before April 30, 2009. The provisions of Section 11-332 (Extension of period to complete construction) shall not apply.

  1. Building permits issued and applications filed before April 22, 2009

If, before April 22, 2009, a building permit has been lawfully issued authorizing construction on a zoning lot, the provisions of N090191 ZRY, pertaining to bicycle parking, shall not apply. If, on or before November 17, 2008, an application for a special permit or variance is pending before the Board of Standards and Appeals or an authorization or special permit from the City Planning Commission has been certified or referred to authorize construction on a zoning lot, the provisions of N090191 ZRY, pertaining to bicycle parking, shall not apply. For hospitals, if, before April 22, 2009, an application for a special permit or variance is pending before the Board of Standards and Appeals or an authorization or special permit from the City Planning Commission has been filed to authorize construction on a zoning lot, the provisions of N090191 ZRY, pertaining to bicycle parking, shall not apply.

  1. Building permits issued before February 2, 2011

If a building permit has been lawfully issued on or before February 2, 2011, authorizing “other construction” as set forth in paragraph (c)(3) of Section 11-31 (General Provisions), construction pursuant to such permit may continue pursuant to the regulations governing such construction prior to the adoption of N110090(A) ZRY (Key Terms Clarification zoning text amendment) until February 2, 2012. However, this Section shall not apply to “other construction” subject to Sections 23-692 (Height limitations for narrow buildings or enlargements) or 109-124 (Height and setback regulations).

  1. Building permits issued before December 6, 2024

The provisions of this Section shall apply to developments or enlargements seeking building permits for buildings in which floor space is exempted pursuant to paragraph (12)(ii) of the definition of floor area as was set forth in Section 12-10 (DEFINITIONS) before December 6, 2023.

If, on or before December 6, 2023, an application for a development, enlargement or conversion has been filed with the Department of Buildings, and if, on or before December 6, 2024, the Department of Buildings has approved an application for a foundation, a new building or an alteration based on a complete zoning analysis showing zoning compliance for such development, enlargement, or conversion, such application may be continued, and construction may be started or continued.

Buildings receiving building permits pursuant to this Section shall not be considered ultra low energy buildings.

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