32-423 - Additional environmental standards for certain uses

LAST AMENDED
6/6/2024

Where #commercial uses# are located either on the same #story# as #dwelling units#, or on a higher #story#, pursuant to the
applicable provisions of Section 32-421 and 32-422, the provisions of this Section shall apply to #uses# listed in Use Group VI, as
set forth in Section 32-16 (Use Group VI – Retail and Services), inclusive, #uses# listed in Use Group VIII, as set forth in Section
32-18 (Use Group VIII – Recreation, Entertainment and Assembly Spaces), inclusive, #uses# listed in Use Group IX, as set forth
in Section 32-19 (Use Group IX - Storage) and #uses# listed in Use Group X, as set forth in Section 32-20 (Use Group X –
Production Uses).

(a)    Air quality

       Where a #use# listed in Use Group X is required to install an emission stack by Federal, State or Local law, such stack
       shall exhaust above the height of #building# containing such #use#, or above the height of the immediately adjacent
       #buildings#, whichever is higher.

(b)    Noise

       Above the level of the first #story#, where the applicable #commercial# #uses# are located on the same #story# as a
       #dwelling unit# or a #story# higher than a #dwelling unit#, such #uses# shall either:

       (1)     be separated from #dwelling units# by a horizontal or vertical distance of at least 15 feet and includes at least two
               wall or ceiling partitions, as applicable; or

       (2)     provide attenuation that will result in a sound level below 42 dBA for daytime and 35 dBA for nighttime, as
               measured from the interior of the closest #dwelling units#. Such measurement shall be verified by an acoustical
               engineer prior to the issuance of a certificate of occupancy by the Department of Buildings.

(c)    Vibration

       Above the level of the first #story#, where the applicable #commercial# #uses# are located on the same #story# as a
       #dwelling unit# or a #story# higher than a #dwelling unit#, such #uses# shall be subject to the provisions of Section 42-22
       (Performance Standards Regulating Vibration) for an M1 District, except that the measurements for maximum vibration
       displacements shall be measured within the #building# instead of at the #lot line#. Such measurement shall be verified by
       a vibration or acoustical engineer prior to the issuance of a certificate of occupancy by the Department of Buildings.