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All permitted uses in M1-6D Districts, as set forth in Section 42-10 (USES PERMITTED AS-OF-RIGHT), shall comply with the provisions set forth in this Section, inclusive.
42-481 Residential Use
Residential use shall be permitted in M1-6D Districts only in accordance with the provisions of this Section. For the purposes of this Section, a "qualifying building" shall be any building that existed on April 25, 2011, and which contained at least 40,000 square feet of floor area on such date.
  1. Residential use as-of-right

    Residential use shall be permitted as-of-right on any zoning lot that, on April 25, 2011, was not occupied by a qualifying building. Such absence of a qualifying building on the zoning lot shall be demonstrated to the satisfaction of the Department of Buildings.
  2. Residential use by certification

    Residential use shall be permitted on a zoning lot that, on April 25, 2011, was occupied by one or more qualifying buildings, only upon certification by the Chairperson of the City Planning Commission that the zoning lot will contain at least the amount of non-residential floor area that existed within qualifying buildings on the zoning lot on April 25, 2011, provided that:
    1. preservation of non-residential floor area within existing non-qualifying buildings on the zoning lot shall not be counted toward meeting the requirements of this certification; and
    2. floor area from community facility uses with sleeping accommodations shall not be counted toward meeting the requirements of this certification.
However, non-residential floor area converted to residential vertical circulation and lobby space need not be replaced as non-residential floor area.
A restrictive declaration acceptable to the Department of City Planning shall be executed and recorded, binding the owners, successors and assigns to provide the amount of non-residential floor area that existed within qualifying buildings on April 25, 2011, 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 in use from non-residential to residential, or for a new building containing residences.
42-482 Community Facility Use
The community facility use regulations applicable in M1 Districts shall not apply in M1-6D Districts. In lieu thereof, all community facility uses listed in Use Groups 3 and 4 shall be permitted, except that community facilities with sleeping accommodations shall only be permitted in accordance with paragraphs (a) or (b) of this Section, as applicable.
For the purposes of this Section, a "qualifying building" shall be any building that existed on April 25, 2011, and which contained at least 40,000 square feet of floor area on such date.
  1. Community facilities with sleeping accommodations shall be permitted as-of-right on any zoning lot that, on April 25, 2011, was not occupied by a qualifying building. Such absence of a qualifying building on the zoning lot shall be demonstrated to the satisfaction of the Department of Buildings.
  2. Community facilities with sleeping accommodations shall be permitted on a zoning lot that, on April 25, 2011, was occupied by one or more qualifying buildings, only upon certification by the Chairperson of the City Planning Commission that the zoning lot will contain at least the amount of non-residential floor area that existed within qualifying buildings on the zoning lot on April 25, 2011, provided that:
    1. preservation of non-residential floor area within existing non-qualifying buildings on the zoning lot shall not be counted toward meeting the requirements of this certification; and
    2. floor area from community facility uses with sleeping accommodations shall not be counted toward meeting the requirements of this certification.

      However, non-residential floor area converted to vertical circulation and lobby space associated with a community facility with sleeping accommodations need not be replaced as non-residential floor area.

      A restrictive declaration acceptable to the Department of City Planning shall be executed and recorded, binding the owners, successors and assigns to provide the amount of non-residential floor area that existed within qualifying buildings on April 25, 2011, 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 in use from non-residential to community facility with sleeping accommodations, or for a new building containing a community facility with sleeping accommodations.
  3. On narrow streets, ground floor community facility uses shall be subject to the streetscape provisions set forth in Section 42-485 (Streetscape provisions).
42-483 Commercial Uses
The commercial use regulations applicable in M1 Districts shall apply in M1-6D Districts, except that:
  1. Food stores, including supermarkets, grocery stores and delicatessen stores, shall not be limited as to size of establishment.
  2. On narrow streets, ground floor commercial uses shall be subject to special streetscape provisions, as set forth in Section 42-485.
  3. All uses listed in Use Group 10 shall be permitted without limitation, except as provided for in paragraph (b) of this Section.
42-484 Manufacturing Uses
In M1-6D Districts, the manufacturing use regulations applicable in Special Mixed Use Districts, as set forth in Section 123-22 (Modification of Use Groups 16, 17 and 18), inclusive, shall apply.
42-485 Streetscape Provisions
For the purposes of applying the special "ground floor level" streetscape provisions set forth in Section 37-30 to this Section, narrow streets with a street frontage of 50 feet or more shall be considered "primary street frontages", as defined in Section 37-311.
On narrow streets, for zoning lots with street frontage of 50 feet or more, ground floor uses limited to Use Groups 6A, 6C, 7B, 8A, 8B, 9A, 10A, 12A and 12B shall extend along a minimum of 50 percent of the width of the street frontage of the zoning lot. Such uses shall extend to a depth in accordance with the provisions of Section 37-32 (Ground Floor Depth Requirements for Certain Uses). The remainder of the street frontage of the zoning lot may be occupied by any permitted uses, lobbies or entrances to parking spaces, provided that lobbies shall comply with the provisions for Type 2 lobbies set forth in Section 37-33 (Maximum Width of Certain Uses).
Enclosed parking spaces, or parking spaces covered by a building, including such spaces accessory to residences, shall be permitted to occupy the ground floor, provided that such spaces are wrapped by floor area or screened in accordance with the provisions of Section 37-35 (Parking Wrap and Screening Requirements), as applicable.
For any development or enlargement that includes a ground floor street wall, each ground floor street wall occupied by uses listed in Use Groups 1 through 15, not including dwelling units, shall be glazed in accordance with the provisions of Section 37-34 (Minimum Transparency Requirements).
42-486 Authorization for Modification of Streetscape Provisions
For zoning lots that have a street frontage of less than 75 feet, where entrances to off-street parking or loading facilities are located along such street frontage, the City Planning Commission may modify the dimensions of the frontage and depth requirements for ground floor commercial uses set forth in Section 42-485 (Streetscape provisions), provided that the Commission finds that such modifications:
  1. are the minimum necessary to provide sufficient space for access to off-street parking or loading facilities;
  2. will not adversely affect the streetscape experiences or impact the viability of such uses, and the resulting ground floor frontages will effectively contribute to a vibrant mixed-use district; and
  3. to the greatest extent feasible will result in a ground floor that meets the height requirements for qualifying ground floors.

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