15-021 - Special use regulations

LAST AMENDED
12/5/2024


(a)     In M1-5 and M1-6 Districts located within the rectangle formed by West 23rd Street, Fifth Avenue, West 31st Street
        and Eighth Avenue, no new #dwelling units# shall be permitted. However, #dwelling units# which the Chairperson of
        the City Planning Commission determines were occupied on September 1, 1980, shall be a permitted #use# provided
        that a complete application for a determination of occupancy is filed by the owner of the #building# or the occupant of
        a #dwelling unit# in such #building# not later than June 21, 1983. For the purposes of Article 7C of the New York State
        Multiple Dwelling Law, such a determination of #residential# occupancy on September 1, 1980, shall be deemed to
        permit #residential use# as-of-right for such #dwelling units#.

        All #dwelling units# permitted pursuant to this paragraph (a) shall be required to comply with the requirements of
        Section 15-024 (Special bulk regulations for certain pre-existing dwelling units, and joint living-work quarters for
        artists) where applicable.

        Where the Chairperson of the City Planning Commission has determined that #floor area# was occupied as #dwelling
        units# on September 1, 1980, and where such #dwelling units# are located in a #building# which, on the date of
        application to the Department of City Planning under the provisions of this Section, also has #floor area# which is
        occupied by #referenced commercial and manufacturing uses#, the Chairperson may permit that any #floor area# in the
        #building# be used for #dwelling units# provided that:

        (1)    the total amount of #floor area# to be used for #dwelling units# does not exceed the amount of #floor area#
                occupied as #dwelling units# on September 1, 1980;

        (2)    #referenced commercial and manufacturing uses# located on #floor area# to be used for #dwelling units# that has
                been offered a new or amended lease within the #building#, with a minimum term of two years from the date of
                application, at a fair market rental for the same amount of #floor area# previously occupied, and such lease is not
                subject to cancellation by the landlord;

        (3)    any #residential# tenant who occupied a #dwelling unit# shall be relocated to a #dwelling unit# within the
                #building# with a #floor area# equal to not less than 95 percent of the amount of #floor area# in the #dwelling
                unit# previously occupied; and

        (4)    as a result of such action by the Chairperson, #residential uses# will be located on #stories# above
                #manufacturing# #uses#.
(b)     In M1-6 Districts located within the rectangle formed by West 35th Street, Fifth Avenue, West 40th Street and Sixth
        Avenue, no #dwelling units# shall be permitted, except that:

        (1)    #dwelling units# which the Chairperson determines were occupied on May 18, 1981, shall be a permitted #use#
                provided that a complete application to permit such #use# is filed by the owner of the #building# or the
                occupant of the #dwelling unit# not later than June 21, 1983. For the purposes of Article 7C of the New York
                State Multiple Dwelling Law, such a determination of #residential# occupancy shall be deemed to permit
                #residential use# as-of-right for such #dwelling unit#.

        (2)    in any #building# for which an alteration application for conversion of #floor area# used for non-#residential
                use# to #dwelling units# or for an #extension# or minor #enlargement# of existing #residential use#, was filed
                prior to May 18, 1981, #dwelling units# shall be permitted, provided that such alterations shall comply with the
                regulations in effect on the date of such filing. The right to convert to #dwelling units# or #extend# or
                #enlarge# existing #residential use# pursuant to the provisions of this paragraph (b) shall expire one year from
                July 23, 1981, unless a temporary or permanent certificate of occupancy has been issued.