Section 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 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 .