52-31 - General Provisions

LAST AMENDED
12/5/2024

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#.