Chapter 3 - Conforming Uses in Violation of Supplementary Use Regulations

The City of New York
Bill de Blasio, Mayor
City Planning Commission
Marisa Lago, Chair

The provisions of this Chapter shall apply to all conforming uses which are in violation of the provisions of Sections 32-41 and 32-42, relating to Supplementary Use Regulations, or Sections 32-51 and 32-52, relating to Special Provisions Applying Along District Boundaries, or Sections 42-41, 42-42, 42-44 and 42-45, relating to Supplementary Use Regulations and Special Provisions Applying Along District Boundaries.

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CONTINUATION

All such conforming uses in violation of the supplementary use regulations, or of the special provisions applying along district boundaries may be continued, subject to the other provisions of this Chapter.

In all districts, any conforming use which is in violation of the supplementary use regulations, or of the special provisions applying along district boundaries, 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), 42-41 (Enclosure of Commercial or Manufacturing Activities) or 42-42 (Enclosure or Screening of Storage).

In all districts, any conforming use which is in violation of the supplementary use regulations, or of the special provisions applying along district boundaries, 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.

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