52-31

General Provisions

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 all zoning districts which mandate compliance with the Quality Housing Program, the provisions of Article II, Chapter 8, shall apply to such change of use.

In Mandatory Inclusionary Housing areas and where made applicable pursuant to the provisions of Section 74-32 (Additional considerations for special permit use and bulk modifications), the affordable housing requirements of paragraph (d) of Section 23-154 (Inclusionary Housing), except maximum floor area ratio, shall apply to such change of use.

In Manhattan Community Districts 1, 2, 3, 4, 5 and 6, Brooklyn Community Districts 1, 2, 6 and 8, and Queens Community Districts 1 and 2, 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 residences 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, public parking garage or public parking lot in Use Groups 8 and 12D 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 Groups 8 and 12D 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.

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