88-11 - Residential Use

LAST AMENDED
3/20/2013
#Residential use# shall be permitted in accordance with the provisions of this Section.

(a)    #Residential use# as-of-right

        #Residential use# shall be permitted as-of-right on any #zoning lot# that, on March 20, 2013, was not occupied by a
        #qualifying building#. As a condition to receiving a building permit, such absence of a #qualifying building# on the
        #zoning lot# must be demonstrated to the satisfaction of the Department of Buildings.

(b)    #Residential use# by certification

        #Residential use# shall be permitted on a #zoning lot# that, on March 20, 2013, was occupied by one or more
        #qualifying buildings#, only upon certification by the Chairperson of the City Planning Commission that the #zoning
        lot#, as it existed on March 20, 2013, will contain at least the amount of #commercial# or #manufacturing floor area#
        that existed within such #qualifying buildings# on the #zoning lot# on March 20, 2013, subject to the following:

        (1)    #commercial# or #manufacturing# #floor area# that is preserved within existing non-#qualifying buildings# on
                the #zoning lot# through restrictive declaration may count towards meeting the requirements of this
                certification; and

        (2)    #floor area# from #community facility uses# with sleeping accommodations shall not count towards meeting the
                requirements of this certification.

        However, #commercial# or #manufacturing# #floor area# converted to #residential# vertical circulation space and lobby
        space need not be replaced as #commercial# or #manufacturing# #floor area#.

        A restrictive declaration acceptable to the Department of City Planning shall be executed and recorded, binding the
        owners, successors and assigns to maintain the amount of #commercial# or #manufacturing# #floor area# that existed
        within such #qualifying buildings# on March 20, 2013, on the #zoning lot#. Such restrictive declaration shall be
        recorded in the Office of the City Register. A copy of such declaration shall be provided to the Department of Buildings
        upon application for any building permit related to a change of #use# from #commercial# or #manufacturing# to
        #residential#, or for any #development# containing #residences#.