74-78 Conversions of Non-Residential Floor Area
74-781 Modifications by Special Permit of the City Planning Commission of Uses in M1-5A and M1-5B Districts
In M1-5A and M1-5B Districts, the City Planning Commission may, after public notice and hearing and subject to Board of Estimate approval, permit modification of Section 42-14, paragraphs D.(1)(c), D.(1)(d), D.(2)(a) or D.(2)(b), provided that the Commission finds that the owner of the space, or a predecessor in title, has made a good faith effort to rent such space to a mandated use at fair market rentals. Such efforts shall include but not be limited to: advertising in local and citywide press, listing the space with brokers and informing local and citywide industry groups. Such efforts shall have been actively pursued for a period of no less than six months for buildings under 3,600 square feet and one year for buildings over 3,600 square feet, prior to the date of the application for a special permit.
74-782 Residential Conversion in C6-1G, C6-2G, C6-2M, C6-4M, M1-5A, M1-5B, M1-5M and M1-6M Districts
In C6-1G, C6-2G, C6-2M, C6-4M, M1-5M and M1-6M Districts, the City Planning Commission may permit modification of the requirements of Sections 15-021, paragraph (e), or 15-21, and in M1-5A and M1-5B Districts, the Commission may permit modification of the requirements of Section 42-14, paragraph D.(1)(b), provided that the Commission finds that:
(a) the conversion will not harm the industrial sector of the City's economy;
(b) the applicant for the special permit or a predecessor in title, has made a good faith effort to rent such space to a mandated use at fair market rentals. Such effort shall have been actively pursued for a minimum of one year immediately preceding the application. A good faith effort shall include, but not be limited to, advertising in local and citywide press, listing the space with brokers doing business in the industrial real estate market and informing local and citywide industry groups. The applicant shall provide records showing the specific efforts to rent such space;
(c) there is sufficient alternative space to meet the needs of commercial and manufacturing uses in the area. The vacancy rate for industrial space in the area shall be one evidentiary element to prove the availability of alternative space;
(d) City, State and Federal economic development programs, to the extent applicable, had been explored and found not suitable;
(e) the commercial and industrial tenants were given the opportunity by the applicant, or predecessor in title, to remain in the spaces at fair market rentals, and the property owner or predecessor in title did not cause the vacating of the space for the additional conversion;
(f) the neighborhood in which the conversion is taking place will not be excessively burdened by increased residential activity; and
(g) all dwelling units or joint living-work quarters for artists permitted by this special permit meet the standards of the applicable district for such units or quarters.
If the Commission determines that floor area in the building, or portion thereof, was occupied as dwelling units or joint living-work quarters for artists on September 1, 1980, findings (b), (c), (d) and (e) of this Section shall not be required for the grant of a special permit for such floor area, provided that a complete application to prove occupancy as a dwelling unit or joint living-work quarters for artists is submitted to Commission by the owner of the building or the occupant of a dwelling unit or joint living-work quarters for artists in such buildings not later than June 21, 1983. In addition, the Commission must find that there is no substantial evidence that the landlord forced commercial or manufacturing tenants to vacate such floor area through harassment, non-renewal of leases or the charging of rents in excess of the then fair market value. Notwithstanding anything to the contrary above, the Commission shall not grant or deny a special permit pursuant to the provisions of this Section unless an application for such special permit has been submitted by the owner of the building.
The Commission shall request a report from the Office of Economic Development regarding information useful in making findings (a), (b), (c), (d) and (e) of this Section. Said report is to be provided within 30 days of the Commission's request.
In granting the special permit under this Section, the Commission shall require the preservation of the maximum amount of floor area for commercial or manufacturing uses that the Commission deems feasible.