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32-41 Enclosure Within Buildings
C1 C2 C3 C4 C5 C6 C8
In the districts indicated, except as otherwise specifically provided in the Use Groups permitted in such districts and in Sections 36-11 (General Provisions) and 36-61 (Permitted Accessory Off-street Loading Berths), all permitted uses which are created by development, or which are enlarged or extended, or which result from a change of use shall be subject to the provisions of this Section with respect to enclosure within buildings. With respect to the enlargement or extension of an existing use, such provisions shall apply to the enlarged or extended portion of such use.
32-411 In C1, C5, C6-5 or C6-7 Districts
C1 C5 C6-5 C6-7
In the districts indicated, all such uses shall be located within completely enclosed buildings except for store fronts or store windows, associated with eating and drinking establishments, which may be opened to serve customers outside the building upon the adoption of initial rules governing the Permanent Open Restaurants program by an authorized agency following authorizing legislation by the City Council.
32-412 In Other Commercial Districts
C2 C3 C4 C6-1 C6-2 C6-3 C6-4 C6-6 C6-8 C6-9 C8
In the districts indicated, all such uses shall be located within completely enclosed buildings or within buildings which are completely enclosed except for store fronts or store windows which may be opened to serve customers outside the building.
32-413 Health and Fitness Establishments
C1 C2 C3 C4 C5 C6
In the districts indicated, high-intensity uses, as listed in the definition of health and fitness establishments, shall be subject to the following additional enclosure and environmental conditions:
  1. such high-intensity uses shall be located within completely enclosed buildings; and
  2. where such high-intensity use is located in a building containing any residential, community facility, or commercial use, an acoustical engineer shall verify to the Department of Buildings prior to the issuance of a Certificate of Occupancy that such use is designed according to International Organization for Standardization (ISO) or American National Standards Institute (ANSI) standards for noise control to meet the New York City Noise Code, administered by the Department of Environmental Protection.
Such high-intensity uses shall meet the following standards for noise and vibration:
  1. impact noise measurement shall comply with ISO 16283-2:2020, or subsequent versions; and
  2. vibration measurement shall comply with ISO 8041:2005 or ANSI/ASA S2.71, or subsequent versions, for on-site vibration measurement and analysis.
32-42 Location Within Buildings
32-421 Limitation on Floors Occupied by Commercial Uses
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:
  1. 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
  2. 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.
32-422 Location of Floors Occupied by Commercial Uses
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.
32-423 Limitation on Ground Floor Location
C4 C5
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:
  1. on a floor above or below the ground floor; or
  2. 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.


District

Use Group in Which Limitation Applies

C4

8, 9 or 12

C5

6, 9 or 11
32-43 Ground Floor Use in Certain Locations
32-431 Ground Floor Use in C1-8A, C1-9A, C2-7A, C2-8A, C4-6A and C4-7A Districts
C1-8A C1-9A C2-7A C2-8A C4-6A C4-7A
In the districts indicated, and in C1 and C2 Districts mapped within R9A and R10A Districts, uses within stories that have a floor level within five feet of curb level fronting on a wide street shall be limited to non-residential uses except for Type 1 lobbies, and entryways to subway stations provided in accordance with the applicable provisions of Section 37-33 (Maximum Width of Certain Uses).
Non-residential use shall have a depth of at least 15 feet from the street wall. Such minimum depth requirement may be reduced, however, to the minimum extent necessary, to accommodate a vertical circulation core, or structural columns associated with upper stories of the building. No more than 8,000 square feet shall be devoted to Use Group 6B within stories that have a floor level within five feet of curb level.
The provisions of Section 32-512 (For corner lots) shall not apply.
The provisions of this Section shall not apply within Community Board 7, Borough of Manhattan.
32-432 Ground Floor Use in Community Board 7, Borough of Manhattan
Within the boundaries of Community Board 7 in the Borough of Manhattan, when a development, enlargement or change of use is located in an R10 equivalent Commercial District, uses within stories that have a floor level within five feet of curb level fronting on a wide street shall be limited to non-residential uses, except for Type 1 lobbies, and entryways to subway stations provided in accordance with the applicable provisions of Section 37-33 (Maximum Width of Certain Uses).
32-433 Ground Floor Use in C1, C2 and C4 Districts in the Borough of Staten Island
C1 C2 C4
In all C1, C2 and C4 Districts in the Borough of Staten Island, ground floor uses shall conform with the provisions of this Section.
  1. Ground floor level use requirements
    1. Along primary street frontages

      For buildings, or portions thereof, with primary street frontage, as defined in Section 37-311, uses on the ground floor level, to the minimum depth set forth in Section 37-32 (Ground Floor Depth Requirements for Certain Uses), shall be limited to non-residential uses except for Type 1 lobbies, and entrances and exits to accessory parking spaces provided in accordance with the applicable provisions of Section 37-33 (Maximum Width of Certain Uses). Any accessory off-street parking spaces located on the ground floor level shall be wrapped by floor area in accordance with the provisions of paragraph (a) of Section 37-35 (Parking Wrap and Screening Requirements).
    2. Along secondary street frontages

      For buildings, or portions thereof, with secondary street frontage, as defined in Section 37-311, all uses permitted by the underlying district shall be permitted on the ground floor level, provided that any accessory off-street parking spaces located on the ground floor level shall be wrapped or screened in accordance with the provisions of Section 37-35.

      The level of the finished floor of such ground floor shall be located not higher than two feet above nor lower than two feet below the as-built level of the adjoining street.
  2. Non-conforming buildings

    Buildings containing non-conforming residential uses on the ground floor shall be permitted to enlarge without regard to the use regulations of this Section, provided that such enlargement complies with the provisions of the residential yard regulations set forth in Section 23-40.
32-434 Ground Floor Use in C4-5D and C6-3D Districts and in Certain C2 Districts
C4-5D C6-3D
In the districts indicated and in C2 Districts mapped within R7D or R9D Districts, uses within stories that have a floor level within five feet of curb level shall be limited to non-residential uses which shall extend along the entire width of the building, except for Type 1 lobbies, entrances and exits to accessory off-street parking facilities, and entryways to subway stations provided in accordance with the provisions of Section 37-33 (Maximum Width of Certain Uses). Such non-residential uses comply with the minimum depth provisions of Section 37-32 (Ground Floor Depth Requirements for Certain Uses).
Enclosed parking spaces, or parking spaces within a building, including such spaces accessory to residences, shall be permitted to occupy stories that have a floor level within five feet of curb level provided they comply with the provisions of Section 37-35 (Parking Wrap and Screening Requirements). Loading berths serving any permitted use in the building may occupy up to 40 feet of such street frontage and, if such building fronts on both a wide street and a narrow street, such loading berth shall be located only on a narrow street.
In C4-5D and C6-3D Districts, and in C2 Districts mapped within R7D or R9D Districts, each ground floor level street wall in a building developed or enlarged on the ground floor level shall comply with the glazing provisions set forth in Section 37-34 (Minimum Transparency Requirements).
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