General Provisions
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), 52-42 (C6, C8 or Manufacturing Districts) and 52-43 (C1 or C4 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 by such applicable district regulations for development for such use.
APPLICABLE OFF-STREET PARKING REGULATIONS FOR NON-CONFORMING COMMERCIAL OR MANUFACTURING USES
|
District in Which Non-conforming Use is Located |
District Whose Regulations Are Applicable |
|
R1 R2 R3 R4 R5 R6 R7-1 |
M3-1 |
|
C1-1 C1-2 C1-3 C1-4 |
M3-1 |
|
C2-1 C2-2 C2-3 C2-4 |
M3-1 |
|
C3 |
M3-1 |
|
C4-1 C4-2 C4-3 C4-4 |
M3-1 |
|
C7 |
M3-1 |
|
C8-1 C8-2 C8-3 |
M3-1 |
|
M1-1 M1-2 M1-3 |
M3-1 |
|
M2-1 M2-2 |
M3-1 |
|
R7-2 R8 R9 R10 |
M3-2 |
|
C1-5 C1-6 C1-7 C1-8 C1-9 |
M3-2 |
|
C2-5 C2-6 C2-7 C2-8 |
M3-2 |
|
C4-5 C4-6 C4-7 |
M3-2 |
|
C5 |
M3-2 |
|
C6 |
M3-2 |
|
C8-4 |
M3-2 |
|
M1-4 M1-5 M1-6 |
M3-2 |
|
M2-3 M2-4 |
M3-2 |
APPLICABLE OFF-STREET PARKING REGULATIONS FOR NON-CONFORMING RESIDENTIAL OR COMMUNITY FACILITY USES
|
District in Which Non-conforming Use is Located |
District Whose Regulations Are Applicable |
|
C8-1 C8-2 C8-3 |
R5 |
|
M1-1 M1-2 M1-3 |
R5 |
|
M2-1 M2-2 |
R5 |
|
M3-1 |
R5 |
|
C8-4 |
R10 |
|
M1-4 M1-5 M1-6 |
R10 |
|
M2-3 M2-4 |
R10 |
|
M3-2 |
R10 |
APPLICABLE OFF-STREET LOADING REGULATIONS
|
District in Which Non-conforming Use is Located |
District Whose Regulations Are Applicable |
|
R1 R2 R3 R4 R5 R6 |
M2-1 |
|
C1 mapped within R1 R2 R3 R4 R5 R6 |
M2-1 |
|
C2 mapped within R1 R2 R3 R4 R5 R6 |
M2-1 |
|
C3 |
M2-1 |
|
C4-1 C4-2 C4-3 |
M2-1 |
|
C7 |
M2-1 |
|
C8-1 C8-2 |
M2-1 |
|
M1-1 M1-2 M1-4 |
M2-1 |
|
R7 R8 R9 R10 |
M2-2 |
|
C1 mapped within R7 R8 R9 R10 |
M2-2 |
|
C2 mapped within R7 R8 R9 R10 |
M2-2 |
|
C1-6 C1-7 C1-8 C1-9 |
M2-2 |
|
C2-6 C2-7 C2-8 |
M2-2 |
|
C4-4 C4-5 C4-6 C4-7 |
M2-2 |
|
C5 |
M2-2 |
|
C6 |
M2-2 |
|
C8-3 C8-4 |
M2-2 |
|
M1-3 M1-5 M1-6 |
M2-2 |
For non-conforming use in Residence Districts, accessory off-street parking spaces or loading berths shall be subject to the provisions of Sections 25-66 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.
