// CODE SNIPPET
123-22 Modification of Use Groups 16, 17 and 18
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The uses in Use Groups 16, 17 and 18 shall be permitted in the Special Mixed Use District in accordance with the applicable district use regulations, subject to the modifications of Sections 123-221 (Uses permitted as-of-right), 123-222 (Uses permitted with restrictions) and 123-223 (Excluded uses).
From Use Group 16A:
Automobile, motorcycle, trailer or boat sales, open or enclosed
Building materials sales, open or enclosed, limited to 10,000 square feet of lot area per establishment, provided that not more than 5,000 square feet of such lot area is used for open storage
Electrical, glazing, heating, painting, paper hanging, plumbing, roofing, or ventilating contractors' establishments, open or enclosed, with open storage limited to 5,000 square feet of lot area per establishment
Glass cutting shops
Household or office equipment or machinery repair shops, such as refrigerators, washing machines, stoves, deep freezers or air conditioning units
Ice or wood sales, open or enclosed, limited to 5,000 square feet of lot area per establishment
Machinery rental or sales establishments
Motorcycle or motor scooter rental establishments
Poultry or rabbit killing establishments, for retail sale on the same zoning lot only
Riding academies, open or enclosed
Stables for horses
Trade schools for adults, except those using substances in quantities required under the City Right-to-Know Law to file a Risk Management Plan for Extremely Hazardous Substances
From Use Group 16B:
Automobile, truck, motorcycle or trailer repairs, excluding body repair
Automobile laundries, provided that the zoning lot contains reservoir space for not less than 10 automobiles per washing lane
Automotive service stations, open or enclosed, provided that facilities for lubrication, minor repairs or washing are permitted only if located within a completely enclosed building
From Use Group 16C:
Commercial or public utility vehicle storage, open or enclosed, including accessory motor fuel pumps
Dead storage of motor vehicles
From Use Group 16D:
Diaper supply establishments
Laundries, except medical or laboratory
Linen or towel supply establishments, where cleaning is done on a separate zoning lot
Moving or storage offices, with no limitation as to storage or floor area per establishment
Packing or crating establishments, except for the packing or crating of substances in quantities required under the City Right-to-Know Law to file a Risk Management Plan for Extremely Hazardous Substances
Trucking terminals or motor freight stations, limited to 20,000 square feet of lot area per establishment
Warehouses, except for the warehousing of substances in quantities required under the City Right-to-Know Law to file a Risk Management Plan for Extremely Hazardous Substances
Wholesale establishments, with no limitation on accessory storage, except for wholesale establishments selling, as part of their stock, substances in quantities required under the City Right-to-Know Law to file a Risk Management Plan for Extremely Hazardous Substances, if they are stored on the same zoning lot
From Use Group 17A:
Building materials or contractor's yards, open or enclosed, including sales, storage or handling of building materials, with no limitation on lot area per establishment, except that lumber yards shall be limited to 20,000 square feet of lot area per establishment, and provided that any yard in which such use is conducted is completely enclosed on all sides by a solid opaque fence or wall (including opaque solid entrance and exit gates) of suitable uniform material and color, at least eight feet in height and constructed in accordance with rules and regulations to be promulgated by the Commissioner of Buildings
Produce or meat markets, wholesale
From Use Group 17B (Manufacturing Establishments):
Apparel or other textile products from textiles or other materials, including hat bodies or similar products
Bottling work, for all beverages
Canvas products, not involving the manufacturing of canvas
Cork products
Fur goods, not including tanning or dyeing
Glass products from previously manufactured glass
Hair, felt or feather products, except washing, curing or dyeing
Hosiery
Ice, natural
Jute, hemp, sisal or oakum products
Mattresses, including rebuilding or renovating
Scenery construction
Shoddy
Soap or detergents, packaging only
Textiles, spinning, weaving, manufacturing, knit goods, yarn, thread or cordage, not involving printing or dyeing
Upholstering, bulk, excluding upholstering shops dealing directly with consumers
Wax products
From Use Group 17C:
Agriculture, including greenhouses, nurseries or truck gardens
Docks for passenger ocean vessels
Docks for sightseeing, excursion or sport fishing vessels, with no limitation on vessel or dock capacity
Docks for vessels not otherwise listed
Public transit, railroad or electric utility substations, open or enclosed, with no limitations as to size
Railroads, including rights-of-way, freight terminals, yards or appurtenances, or facilities or services used or required in railroad operations, but not including passenger stations
Truck weighing stations, open or enclosed
Trucking terminals or motor freight stations, with no limitation on lot area per establishment
From Use Group 18:
Breweries, limited to 10,000 square feet of floor area per establishment
Uses accessory to the preceding listed uses
The following uses from Use Groups 16 and 17 are permitted in Special Mixed Use Districts subject to the certification requirements and locational restrictions of this Section:
From Use Group 16A:
Animal hospitals or kennels
Blacksmith shops
Carpentry, custom woodworking or custom furniture making shops
Fuel, oil, or coal sales, open or enclosed, limited to 5,000 square feet of lot area per establishment
Mirror silvering shops
Sign painting shops, with no limitation on floor area per establishment
Silver plating shops, custom
Soldering or welding shops
Tool, die, or pattern-making establishments, or similar small machine shops
Trade schools for adults, that use substances in quantities required under the City Right-to-Know Law to file a Risk Management Plan for Extremely Hazardous Substances
From Use Group 16B:
Automobile, truck, motorcycle or trailer body repairs, provided such use is conducted within a completely enclosed building
From Use Group 16D:
Carpet cleaning establishments
Dry cleaning or cleaning and dyeing establishments, with no limitation on type of operation, solvents, floor area or capacity per establishment
Laundries, medical or laboratory
Linen or towel supply establishments, where cleaning is done on the same zoning lot
Packing or crating establishments for substances in quantities required under the City Right-to-Know Law to file a Risk Management Plan for Extremely Hazardous Substances
Photographic developing or printing, with no limitation on floor area per establishment
Warehouses for substances in quantities required under the City Right-to-Know Law to file a Risk Management Plan for Extremely Hazardous Substances
Wholesale establishments selling, as part of their stock, substances in quantities required under the City Right-to-Know Law to file a Risk Management Plan for Extremely Hazardous Substances, with no limitation on accessory storage
From Use Group 17B (Manufacturing Establishments):
Adhesives, excluding manufacture of basic components
Advertising displays
Aircraft, including parts
Automobiles, trucks or trailers, including parts or rebuilding of engines
Beverages, non-alcoholic
Boats less than 200 feet in length, building or repair, open or enclosed, provided that such use or portion thereof may be conducted outside a completely enclosed building only if located at a distance greater than 200 feet from a Residence District boundary, or if effectively screened by a wall or fence at least eight feet in height with no boat building located less than 30 feet from a Residence District boundary
Brushes or brooms
Cameras or other photographic equipment, except film
Canvas
Carpets
Ceramic products, including pottery, small glazed tile, or similar products
Chemicals, compounding or packaging
Cosmetics or toiletries
Cotton ginning, or cotton wadding or linters
Electrical appliances, including lighting fixtures, irons, fans, toasters, electric toys, or similar appliances
Electrical equipment assembly, including home radio or television receivers, home movie equipment, or similar products, but not including electrical machinery
Electrical supplies, including wire or cable assembly, switches, lamps, insulation, dry cell batteries, or similar supplies
Film, photographic
Food products, except slaughtering of meat or preparation of fish for packaging
Ice, dry
Ink or inked ribbon
Laboratories, research, experimental or testing
Leather products, including shoes, machine belting, or similar products
Luggage
Machines, business, including typewriters, accounting machines, calculators, card-counting equipment, or similar products
Machinery, miscellaneous, including washing machines, firearms, refrigerators, air-conditioning, commercial motion picture equipment, or similar products
Machine tools, including metal lathes, metal presses, metal stamping machines, woodworking machines, or similar products
Metal finishing, plating, grinding, sharpening, polishing, cleaning, rust-proofing, heat treatment, or similar products
Metal stamping or extrusion, including costume jewelry, pins and needles, razor blades, bottle caps, buttons, kitchen utensils, or similar products
Motorcycles, including parts
Musical instruments, including pianos or organs
Novelty products
Optical equipment, clocks or similar precision instruments
Orthopedic or medical appliances, including artificial limbs, braces, supports, stretchers, or similar appliances
Paper products, including envelopes, stationery, bags, boxes, shipping containers, bulk goods, tubes, wallpaper printing, or similar products
Perfumes or perfumed soaps, compounding only
Pharmaceutical products
Plastic products, including tableware, phonograph records, buttons, or similar products
Printing or publishing, with no limitation on floor area per establishment
Rubber products, such as washers, gloves, footwear, bathing caps, atomizers, or similar products, excluding manufacture of natural or synthetic rubber
Silverware, plate or sterling
Sporting or athletic equipment, including balls, baskets, cues, gloves, bats, racquets, rods, or similar products
Statuary, mannequins, figurines, or religious art goods, excluding foundry operations
Steel products, miscellaneous fabrication or assembly, including steel cabinets, doors, fencing, metal furniture, or similar products
Textiles, dyeing or printing
Tobacco, including curing, or tobacco products
Tools or hardware, including bolts, nuts, screws, doorknobs, drills, hand tools or cutlery, hinges, house hardware, locks, non-ferrous metal castings, plumbing appliances, or similar products
Toys
Umbrellas
Vehicles, children's, including bicycles, scooters, wagons, baby carriages, or similar vehicles
Venetian blinds, window shades, or awnings, with no limitation on production or on floor area per establishment
Wood products, including furniture, boxes, crates, baskets, pencils, cooperage works, or similar products
Uses accessory to the preceding listed uses
Any use from Use Group 16 or 17, listed in this Section, may only locate in a building enlarged or developed after December 10, 1997, containing a use listed in Section 123-21 (Modification of Use Groups 2, 3 and 4), or share a common wall with such building, upon certification by a licensed architect or engineer to the Department of Buildings that any such use listed in Use Group 16 or 17:
(a) does not have a New York City or New York State environmental rating of "A", "B" or "C" under Section 24—153 of the New York City Administrative Code for any process equipment requiring a New York City Department of Environmental Protection operating certificate or New York State Department of Environmental Conservation state facility permit; and
(b) is not required, under the City Right-to-Know Law, to file a Risk Management Plan for Extremely Hazardous Substances.
The following uses listed in Use Groups 16 and 18 shall not be allowed in Special Mixed Use Districts:
From Use Group 16A:
Animal pounds or crematoriums
Crematoriums, human
From Use Group 16C:
Public transit yards, open or enclosed, including accessory motor fuel pumps
From Use Group 18:
Any use listed in Use Group 18, except that breweries limited to 10,000 square feet of floor area shall be permitted as-of-right
Uses accessory to the preceding listed uses
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