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 6A through 6E, 7, 8, 9,  14A or 14B 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, 7, 8, 9, 14A or 14B.

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 6A through 6E, 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:

(a)        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

(b)        the second story of at least one other building on the same block frontage is occupied by a use listed in such use groups.

Accessory mechanical equipment serving commercial uses listed in such use groups shall not be subject to the location restrictions of this Section.