42-11 Use Groups 4A, 4B, 4C, 5, 6C, 6E, 7A, 9A and 12B

M1

Use Groups 4B, 4C, 5, 6C, 6E, 7A, 9A and 12B as set forth in Sections 32-13, 32-14, 32-15, 32-16, 32-18, 32-21.

Use Group 4A shall be limited to all health facilities requiring approval under Article 28 of the Public Health Law of the State of New York that, prior to July 10, 1974, have received approval of Part I of the required application from the Commissioner of Health, ambulatory diagnostic or treatment health care facilities, as listed in Section 22-14 (Use Group 4), and houses of worship. Such uses are not subject to the special permit provisions of Sections 42-32 and 74-921.

Transient hotels, as listed in Section 32-14 (Use Group 5), and motels, tourist cabins or boatels, as listed in Section 32-16 (Use Group 7A), shall be subject to the special provisions of Section 42-111 (Special provisions for hotels in M1 Districts). For the purposes of this Section, inclusive, transient hotels shall include motels, tourist cabins and boatels.

In M1 Districts, transient hotels shall be permitted only as set forth in this Section. The City Planning Commission may permit transient hotels in an M1 District pursuant to a special permit set forth in another Section of this Resolution, or pursuant to Section 74-803 (Transient hotels within M1 Districts), as applicable.

(a)        Such special permit for transient hotels pursuant to Section 74-803 shall be applicable to:

(1)        development of a transient hotel;

(2)        a change of use or conversion to a transient hotel, or an enlargement, containing a transient hotel, of a building that, as of December 20, 2018, did not contain such use; or

(3)        enlargement or extension of a transient hotel that existed prior to December 20, 2018, that increases the floor area of such use by 20 percent or more.

(b)        Exclusions

A special permit shall not be required for a transient hotel operated exclusively for the public purpose of temporary housing assistance by the City or State of New York, or operated by a non-governmental entity pursuant to an active contract or other written agreement with an agency of the City or State specifying such public purpose.

(1)        In addition, a special permit pursuant to the provisions of Section 74-803 shall not be required for developments, enlargements, extensions or changes of use of transient hotels in:

(i)        John F. Kennedy International Airport and LaGuardia Airport, which shall include property under the jurisdiction of the Port Authority of New York and New Jersey for airport use;

(ii)        a Special Mixed Use District or where any M1 District is paired with a Residence District; or

(iii)        an M1 District where another special permit in this Resolution permitting such use is applicable, subject to approval by the City Planning Commission, including, but not limited to, a special permit for a transient hotel applicable within a Special Purpose District or in a Historic District designated by the Landmarks Preservation Commission.

(2)        A special permit pursuant to the provisions of Section 74-803 shall also not be required in an M1-2 District for a change of use to a transient hotel that occupies no more than 30 percent of the floor area on the zoning lot and where such zoning lot contains a minimum lot area of 100,000 square feet, comprises an entire block, and contains buildings with a minimum total of 500,000 square feet of floor area on December 20, 2018.

(c)        Within M1-5A and M1-5B Districts

Within an M1-5A or M1-5B District, a special permit pursuant to Section 74-803 shall be required in conjunction with a special permit pursuant to Section 74-781 (Modifications by special permit of the City Planning Commission of uses in M1-5A and M1-5B Districts)  except that a permit pursuant to Section 74-781 shall not be required for a transient hotel located above the ground floor level, where the floor area used for such use on the ground floor does not exceed an amount minimally necessary to access and service such transient hotel.

Any transient hotel existing prior to December 20, 2018, within an M1 District shall be considered a conforming use and may be continued, structurally altered, extended or enlarged subject to the limitations set forth in this Section and subject to the applicable bulk regulations. However, if for a continuous period of two years such transient hotel is discontinued, or the active operation of substantially all the uses in the building or other structure is discontinued, the space allocated to such transient hotel shall thereafter be used only for a conforming use, or may be used for a transient hotel only if the Commission grants a special permit for such use in accordance with the provisions of Section 74-803 or other applicable section of this Resolution. In addition, in the event a casualty damages or destroys a transient hotel within an M1 District that was in such use as of December 20, 2018, such building may be reconstructed and used as a transient hotel without obtaining a special permit. A non-complying building may be reconstructed pursuant to Section 54-40 (DAMAGE OR DESTRUCTION IN NON-COMPLYING BUILDINGS).

The provisions of Section 11-30 (BUILDING PERMITS ISSUED BEFORE EFFECTIVE DATE OF AMENDMENT) regarding the right to continue construction shall apply. As an alternative, if on or before April 23, 2018, a building permit for a development, enlargement or conversion to a transient hotel, or a partial permit for a development of a transient hotel was lawfully issued by the Department of Buildings, such construction may be started or continued. In the event that construction has not been completed and a certificate of occupancy including a temporary certificate of occupancy, has not been issued by December 20, 2021, the building permit shall automatically lapse and the right to continue construction shall terminate. An application to renew the building permit may be made to the Board of Standards and Appeals not more than 30 days after the lapse of such building permit pursuant to the applicable provisions of Section 11-332 (Extension of period to complete construction).

Any special permit approved by the City Council for a transient hotel prior to December 20, 2018, shall be permitted and this Section shall not apply to such transient hotel, subject to the provisions of Section 11-42 (Lapse of Authorization or Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution).