42-141

Modification by certification of the Chairperson of the City Planning Commission of uses in M1-5A and M1-5B Districts

In M1-5A and M1-5B Districts, the requirements of paragraphs D.(1)(b), D.(1)(c), D.(1)(d) and D.(1)(e) or D.(2) of Section 42-14 (Use Group 17) may be modified by certification of the Chairperson of the City Planning Commission as provided in this Section. A copy of any request for modification under this Section shall be sent by the applicant to the applicable Community Board at least 20 days prior to the next regularly scheduled Community Board meeting. If the Community Board elects to comment on such requests, it must do so within 31 days of such notification.

(a)        The provisions of paragraphs D.(1)(c) or (d) or D.(2) of Section 42-14 may be modified if the floor area below the level of the second story was vacant as of January 28, 1976, and a complete application under this provision is filed with the City Planning Commission not later than June 21, 1983.

(b)        The provisions of paragraphs D.(1)(c) or (d) of Section 42-14 may be modified, provided that:

(1)        the floor area below the level of the second story was occupied by joint living-work quarters for artists as of September 1, 1980, and a complete application for a determination of occupancy has been filed by the owner of the building, or the occupant of a joint living-work quarters for artists in the building, with the Department of City Planning not later than June 21, 1983. For the purpose of Article 7C of the New York State Multiple Dwelling Law, such a determination of joint living-work quarters for artists occupancy by the Chairperson of the City Planning Commission shall be deemed to permit residential use as-of-right for such quarters; or

(2)        the Chairperson finds that the space below the floor level of the second story is required by an artist whom the Department of Cultural Affairs has certified as working in a heavy or bulky medium which is not easily transported to the upper floors.

(c)        The provisions of paragraph D.(2) of Section 42-14 may be modified provided a use other than those listed in Use Groups 7, 9, 11, 16, 17A, 17B, 17C or 17E occupied the floor area below the level of the second story as of September 1, 1980, and an application under this provision has been filed with the City Planning Commission not later than June 21, 1983.

(d)        The requirements of D.(1)(e) of Section 42-14 may be modified provided that the Chairperson of the Commission has administratively certified to the Department of Buildings that the roof either is unsuited for open space use or cannot be made suitable for open space use at a reasonable cost.

(e)        The requirements of D.(1)(b) of Section 42-14 relating to joint living-work quarters for artists in buildings where the lot coverage is 5,000 square feet or more, or 3,600 square feet or more in buildings with frontage along Broadway, may be modified, provided that:

(1)        such floor area was occupied on September 1, 1980, as joint living-work quarters for artists, or consists of registered Interim Multiple Dwellings, or is found covered by the New York City Loft Board pursuant to Article 7C of the New York State Multiple Dwelling Law;

(2)        such building consisted, on June 21, 1983, of two or more contiguous sections separated structurally by load-bearing walls, with independent entrances, independent addresses, and other evidence of the independent functional use of each section of the building, which evidence may include but is not limited to separate deeds, separate tax lots, separate certificates of occupancy or separate utilities or systems for the entirety of each section of the building; and

(3)        the section within which such floor area is located has a lot coverage of less than 5,000 square feet of lot area, except that in buildings with frontage along Broadway the lot coverage shall not exceed 3,600 square feet.

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