Commercial uses

The commercial use regulations applicable in M1 Districts shall apply in M1-6D Districts, except that:

(a)        Transient hotels shall be allowed, except that developments or enlargements of transient hotels with greater than 100 sleeping units on zoning lots where residential use is permitted as-of-right, in accordance with paragraph (a) of Section 42-481 (Residential use), shall only be allowed upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings that the residential development goal has been met for the area in which such transient hotel is located, as set forth in this paragraph, (a), or where such residential development goal has not been met, by special permit pursuant to Section 74-802 (In M1-6D Districts).

The residential development goal shall be met when at least 865 dwelling units, permitted pursuant to the provisions of Section 42-481, on zoning lots located within an area bounded by West 28th Street, West 30th Street, a line 100 feet west of Seventh Avenue, and a line 100 feet east of Eighth Avenue, have received temporary or final certificates of occupancy subsequent to September 21, 2011.

(b)        Food stores, including supermarkets, grocery stores and delicatessen stores, shall not be limited as to size of establishment.

(c)        On narrow streets, ground floor commercial uses shall be subject to special streetscape provisions, as set forth in Section 42-485.

(d)        All uses listed in Use Group 10 shall be permitted without limitation, except as provided for in paragraph (c) of this Section.