Chapter 3 - Special Mixed Use District (MX-1), (MX-2), (MX-4), (MX-5), (MX-6), (MX-7), (MX-8), (MX-9), (MX-10), (MX-11), (MX-12), (MX-13), (MX-14), (MX-15), (MX-16), (MX-17), (MX-18), (MX-20)
The "Special Mixed Use District" regulations established in this Chapter of the Resolution are designed to promote and protect public health, safety and general welfare. These general goals include, among others, the following specific purposes:
(a) to encourage investment in mixed residential and industrial neighborhoods by permitting expansion and new development of a wide variety of uses in a manner ensuring the health and safety of people using the area;
(b) to promote the opportunity for workers to live in the vicinity of their work;
(c) to create new opportunities for mixed use neighborhoods;
(d) to recognize and enhance the vitality and character of existing and potential mixed use neighborhoods; and
(e) to promote the most desirable use of land in accordance with a well-considered plan and thus conserve the value of land and buildings and thereby protect City tax revenues.
The provisions of this Chapter shall apply within the Special Mixed Use District. The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control. However, in flood zones, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Hazard Areas), the provisions of Article VI, Chapter 4, shall control.
In Special Mixed Use Districts, an M1 District is paired with a Residence District, as indicated on the zoning maps.
The designated Residence Districts in Special Mixed Use Districts shall not include either an R1 or an R2 District.
Definitions specifically applicable to this Chapter are set forth in this Section. The definitions of other defined terms are set forth in Section 12-10 (DEFINITIONS).
In addition to those "accessory uses" listed in Section 12-10 (DEFINITIONS), for the purposes of this Chapter, an accessory use shall also include a dwelling unit in connection with any commercial, manufacturing or community facility establishment permitted in Special Mixed Use Districts, pursuant to Section 123-20 (SPECIAL USE REGULATIONS), provided that no more than one such unit shall be permitted in connection with any establishment, and provided further that each such unit shall not exceed a gross area of 1,200 square feet or contain more than one kitchen.
For the purposes of this Chapter, the home occupation provisions of Section 12-10 shall apply, except that:
(a) up to 49 percent of the total floor area of a dwelling unit may be used for a home occupation;
(b) such home occupation may occupy more than 500 square feet of floor area; and
(c) businesses operated as home occupations may have up to three employees not residing in the dwelling unit.
Mixed use building
For the purposes of this Chapter, a "mixed use building" is a building in the Special Mixed Use District used partly for manufacturing, commercial or community facility use and partly for residential use.
In Special Mixed Use Districts, all uses permitted in the designated Residence District and all uses permitted in the designated M1 District, as set forth in any other provision of this Resolution other than Special Purpose Districts, shall be permitted, except as superseded, modified or supplemented by this Section and provided that signs shall comply with the requirements of Section 123-40 (SIGN REGULATIONS).
The uses listed in Use Group 2, and the following uses listed in Use Groups 3 and 4: college or school student dormitories and fraternity or sorority student houses, long-term care facilities, philanthropic or non-profit institutions with sleeping accommodations, monasteries, convents or novitiates, non-profit hospital staff dwellings without restriction on location, and non-profit or voluntary hospitals, may only locate in the same building as, or share a common wall with a building containing, an existing manufacturing or commercial use, upon certification by a licensed architect or engineer to the Department of Buildings that such manufacturing or commercial use:
(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 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
Fur goods, not including tanning or dyeing
Glass products from previously manufactured glass
Hair, felt or feather products, except washing, curing or dyeing
Jute, hemp, sisal or oakum products
Mattresses, including rebuilding or renovating
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
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