Justice Peter Moulton

Tenant Atlantic Outdoor Advertising sought to vacate a New York City Board of Standards and Appeals (BSA) resolution upholding a decision of the city’s Department of Buildings that found a large rooftop advertising sign was not a “grandfathered” sign permitted nonconforming use under the zoning resolution. The resolution stated the sign could not be used to advertise products not being sold in the building where the sign sat. Atlantic was in exclusive possession of the rooftop area and sign, and sought to continue to sublet the sign to advertisers. Respondents argued the sign was properly characterized as an accessory use that barred use of the sign to advertise products unrelated to economic activity within the host building. The court stated that where the BSA’s interpretation of the applicable zoning resolution provisions was neither irrational, unreasonable nor inconsistent with other provisions of the resolution, it must be upheld. It found Atlantic’s arguments that the BSA acted arbitrarily fell short, noting it was not unreasonable for it to find the sign drew attention to the company occupying the lot, thus was incidental to the principal use of the lot. Hence, the petition was denied.