32-42 Location Within Buildings
C1 C2 C3
In the districts indicated, in any building, or portion of a building occupied on one or more of its upper stories by residential uses or by community facility uses, no commercial uses listed in Use Group 6, 7, 8, 9 or 14 shall be located above the level of the first story ceiling, provided, however, that permitted signs, other than advertising signs, accessory to such commercial uses may extend to a maximum height of two feet above the level of the finished floor of the second story, but in no event higher than six inches below the lowest window sill of the second story. In any other building, or portion thereof, not more than two stories may be occupied by commercial uses listed in Use Group 6A, 6B, 6C, 6F, 7, 8, 9 or 14.
However, in C1 or C2 Districts mapped within R9 or R10 Districts or in C1-8, C1-9, C2-7 or C2-8 Districts, non-residential uses listed in Use Group 6, 7, 8, 9 or 14, where permitted by the applicable district regulations, may occupy the lowest two stories in any building constructed after September 17, 1970. For buildings constructed in such districts prior to September 17, 1970, located in Community District 6 in the Borough of Manhattan, such non-residential uses may occupy the lowest two stories in such building, provided that:
(a) the Chairperson of the City Planning Commission certifies to the Commissioner of Buildings that the second story has not been occupied by a community facility use, a dwelling unit or a rooming unit, notwithstanding the certificate of occupancy, if any, for a continuous period from May 1, 2013, until a certification has been issued pursuant to this Section; and
(b) the second story of at least one other building on the same block frontage is occupied by a use listed in Use Groups 6, 7, 8, 9 or 14.
C4 C5 C6
In the districts indicated, in any building, or portion of a building occupied by residential uses, commercial uses listed in Use Group 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 or 16 may be located only on a story below the lowest story occupied in whole or in part by such dwelling units or rooming units, except that this limitation shall not preclude the location of any such commercial use below the level of the first story ceiling, or the extension of a permitted sign, other than an advertising sign, accessory to such commercial use, to a maximum height of two feet above the level of the finished floor of the second story, but in no event higher than six inches below the lowest window sill on the second story.
In the districts indicated, uses in the Use Groups listed in the following table and marked with asterisks in the Use Group listing shall be located only as follows and as set forth in the following table:
(a) on a floor above or below the ground floor; or
(b) on the ground floor, but not within 50 feet of any street wall of the building and with no show window facing on the street.
Use Group in Which Limitation Applies
8, 9 or 12
6, 9 or 11