as defined by the Tenement House Law. The superintendent of buildings shall in each borough enforce the provisions herein contained in so far as they relate to buildings or premises other than tenement houses. The fire commissioner shall enforce the provisions herein contained in so far as they relate to the use of completed buildings or premises, or part thereof, other than tenement houses. For any and every violation of the provisions of this resolution or of the rules and regulations adopted thereunder, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, and the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall be liable to the same legal procedure and the same penalties as are prescribed in any law, statute or ordinance for violations of the Building Code, and for such violations the same legal remedies shall be had and they shall be prosecuted in the same manner as prescribed in any law or ordinance in the case of violations of said Building Code. § 23. Amendments, alterations and changes in district lines. The Board of Estimate and Apportionment may from time to time on its own motion or on petition, after public notice and hearing, amend, supplement or change the regulations and districts herein established. Whenever the owners of 50 per cent. or more of the frontage in any district or part thereof shall present a petition duly signed and acknowledged to the Board of Estimate and Apportionment requesting an amendment, supplement, change or repeal of the regulations prescribed for such district or part thereof, it shall be the duty of the Board to vote upon said petition within 90 days after the filing of the same by the petitioners with the secretary of the Board. If, however, a protest against such amendment, supplement or change be presented, duly signed and acknowledged by the owners of 20 per cent. or more of any frontage proposed to be altered, or by the owners of 20 per cent. of the frontage immediately in the rear thereof, or by the owners of 20 per cent. of the frontage directly opposite the frontage proposed to be altered, such amendment shall not be passed except by the unanimous vote of the Board. If any area is hereafter transferred to another district by a change in district boundaries by an amendment, as above provided, the provisions of this resolution in regard to buildings or premises existing at the time of the passage of this resolution shall apply to buildings or premises existing at the time of passage of such amendment in such transferred area. § 24. Completion and restoration of existing buildings.—(a) Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued, or plans for which are on file with the building superintendent or with the tenement house department at the time of the passage of this resolution, and a permit for the erection of which is issued within three months of the passage of this resolution and the construction of which, in either case, shall have been diligently prosecuted within a year of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within such year, and which entire building shall be completed according to such plans as filed within five years from the date of the passage of this resolution. Provided, however, that any plan, other than a plan for a garage for more than five motor vehicles, filed with the building superintendent or with the tenement house department on July 26, or July 27, 1916, and a permit for the erection of which is issued prior to December 25, 1916, shall be deemed to have been filed at the time of the passage of this resolution. Provided, also, that the Board of Appeals may, after public notice and hearing, extend for not to exceed one year the time within which such ground-story framework, including the second tier of beams, shall be completed in any case, where, in the judgment of said Board, actual construction or fabrication was begun early enough to allow under the then existing conditions adequate time for completion as above specified, and where such construction or fabrication was diligently prosecuted and where such completion has been prevented by conditions impossible to foresee and beyond the control of the owner and builder.* (b) Nothing in this resolution shall prevent the restoration of a building wholly or partly destroyed by fire, explosion, act of God or act of the public enemy or prevent the continuance of the use of such building or part thereof as such use existed at the time of such destruction of such building or part thereof or prevent a change of such existing use under the limitations provided in section 6. Nothing in this resolution shall prevent the restoration of a wall declared unsafe by the superintendent of buildings or by a board of survey. $25. When effective. This resolution shall take effect immediately. Note.-The Height, Area and Use District maps, which are a part of the above resolution, are on sale in the office of the Secretary of the Board of Estimate and Apportionment, Room 1356, Municipal Building. There are 111 sections in the complete set of the Height, Area and Use maps. These sections are sold for five cents each. The Height, Area and Use maps in bound form are $1 each; or $3 for the three complete maps. * Paragraph a of section 24, amended as above, December 15, 1916, and October 19, 1917. NOTES Validity. The Building Zone resolution has the legal effect of a statute. People ex rel. Cotton v. Leo, 110 Misc. 519; West Side Mtge. Co. v. Leo, 174 N. Y. Supp. 451. Section 6. As to the meaning of "use," see People ex rel. Wohl v. Leo, 109 Misc. 448. Section 7. For appeals to Board of Appeals, subd. a, see People ex rel. Facey v. Leo, 110 Misc. 516, aff'd 193 App. Div. 910; People ex rel. Cotton v. Leo, 110 Misc. 519; as to 80% clause subd. g, see People ex rel. McAvoy v. Leo, 109 Misc. 255. Garage, subd. e, may be erected. West Side Mtge. Co. v. Leo, 174 N. Y. Supp. 451. Section 20. As to garage, see People ex rel. Sendem v. Walsh, 108 Misc. 193. ADDENDUM An Ordinance Fixing the Standard of Time throughout the City of New York. Whereas, The Congress of the United States has over-ridden the veto of President Wilson in the Daylight Saving Law, a statute which from a humanitarian standpoint has contributed largely to the comfort, well-being and contentment of the great body of wage earners in all the industrial centres of the United States, without detracting from a proper measure of service to employers, which has afforded the workman the opportunity to enjoy the society of his family by the light of day, which has enabled the bread-winner to spend more time in the improvement of his mind and body, which has given an extra hour of air and sunshine to the toiler in the shop and the factory in the recuperation of health; and Whereas, This repeal was effected through the mistaken effort of the farmer employer, inspired and augmented by the avarice and selfishness of the lighting trusts throughout the country; and Whereas, The Board of Aldermen of The City of New York, voicing the sentiment of the overwhelming majority of those who labor in the diversified industrial occupations of the cosmopolitan city, who have realized through practical application the great boon of one hour's extra daylight for mental improvement and physical recreation, enacts the following ordinance: Be it Ordained by the Board of Aldermen of The City of New York, as follows. That the standard time throughout The City of New York is that of the seventy-fifth meridian of longitude west from Greenwich, except that at 2 o'clock ante-meridian of the last Sunday in March of each year such standard time throughout The City of New York shall be advanced one hour, and at 2 o'clock ante-meridian of the last Sunday in October of each year such standard time shall, by the retarding of one hour, be returned to the mean astronomical time of the seventy-fifth meridian of longitude west from Greenwich, and all courts, public offices and legal and official proceedings shall be regulated thereby. Adopted October 14, 1919. Approved October 24, 1919. |