NY Appellate Court Upholds Determination that Advertising Signs Were Not Entitled to Nonconforming Use Status

The New York City Office of Administrative Trials and Hearings (OATH) determined that the petitioner violated Zoning Resolution § 32–63 by displaying two advertising signs in a district wheresuch signs are prohibited. The appellate court found that the determination was supported by substantial evidence in the record and that the Petitioner failed to establish that the display of the two signs was a legal nonconforming use that had existed at the time of the enactment of the relevant provisions and continued thereafter, uninterrupted except for a period of up to two years as required by the NYC Zoning Reolution. Further, the Court found that the 1970s permit relied upon by petitioner was for a single sign, not two, and that OATH rationally concluded that petitioner failed to meet its burden of establishing continuous use, in light of the significant gap in time for which petitioner presented no evidence that the two advertising signs were displayed continuously.

Ryan Lee Properties, LLC v. City of New York, 2021 WL 1970254 (NYAD 1 Dept. 5/18.2021)