42-314 - Use regulations in certain M1-1, M1-5 and M1-6 Districts

LAST AMENDED
12/5/2024


(a)   In the M1-1 District bounded by 95th Avenue, 148th Street, 97th Avenue and 147th Place in Community District 12 in
      the Borough of Queens, the #use# regulations of an M1 District shall apply, except that #residential use# is allowed
      subject to the #bulk# regulations of Section 43-01 (Applicability of This Chapter) and the #accessory# off-street parking
      regulations of Section 44-024 (Applicability of regulations in an M1-1 District in Community District 12 in the Borough
       of Queens).

(b)    In M1-5 and M1-6 Districts, except for M1-6D 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 to permit such #use# is filed by the owner of the #building# or the
       occupant of a #dwelling unit# in such #building# not later than June 21, 1983.

       Such #dwelling units# shall comply with the requirements of Section 15-024 (Special bulk regulations for certain pre-
       existing dwelling units and joint living-work quarters for artists). 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#.

(c)   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 of the City Planning Commission 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 Section shall expire one year from July 23,
              1981, unless a temporary or permanent certificate of occupancy has been issued; and

       (3)    in M1-6D Districts, #residential use# shall be permitted as-of-right subject to the #use# regulations set forth in
              Section 42-312 (Use regulations in M1-6D Districts).