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)        Applicability

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

The provisions of this Section shall not apply to the following:

(1)        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.

(2)        a transient hotel located within 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;

(3)        a transient hotel in an M1-6D District, a Special Mixed Use District or any other Special Purpose District where any M1 District is paired with a Residence District, all of which shall instead be subject to the provisions of Section 32-02 (Special Provisions for Hotels); or

(4)        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 M1-5B Districts

Within an 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 M1-5B 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.

(d)        Existing hotels

(1)        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 utilized 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.

(2)        The provisions of paragraph (d)(1) of this Section shall be modified up to December 9, 2027, to allow a transient hotel existing on December 9, 2021 to be restored to such use regardless of more than two years of discontinuance of the use, and regardless of any change of use between December 9, 2021 and December 9, 2027.

(3)        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).

(e)        Vesting        

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).

In designated areas within Manufacturing Districts, as shown on the maps in APPENDIX J (Designated Areas Within Manufacturing Districts) of this Resolution, a self-service storage facility is subject to the provisions of this Section. Designated areas in which self-service storage facilities are subject to the as-of-right provisions of Section 42-121 (Use Group 16D self- service storage facilities) are shown on the maps in Subarea 1, and those in which such uses are subject to special permit of the City Planning Commission pursuant to Section 74-932 (Self-service storage facility in designated areas within Manufacturing Districts) are shown on the maps in Subarea 2.

A self-service storage facility shall, in Subarea 1 of APPENDIX J of this Resolution, be limited to establishments that provide an industrial floor space as defined in Section 12-10 (DEFINITIONS) or “business-sized” storage space as specified in paragraph (b)(2) of this Section.

(a)        On a zoning lot greater than or equal to 50,000 square feet in area, a self-service storage facility shall provide industrial floor space that is:

(1)        equal in floor area or cellar space to 25 percent of the lot area;

(2)        located below the level of the third story, with at least 50 percent of such industrial floor space located on the ground floor, such ground floor story is located within five feet of curb level, or base plane, as applicable, and the remaining industrial floor space is located on a level that is immediately above or below such story; and

(3)        provided with access to freight elevators and the accessory off-street loading berth required for such industrial floor space in accordance with the provisions of Section 44-586 (Regulations for permitted or required loading berths for zoning lots containing self-service storage facilities in designated areas).

(b)        On a zoning lot that on December 19, 2017, is less than 50,000 square feet in area, a self-service storage facility shall provide:

(1)        industrial floor space as specified in paragraph (a) of this Section; or

(2)        floor area or cellar space containing securely subdivided space for lease within such self-service storage facility, where each subdivided space is not less than 100 square feet in area, and with a minimum clear height of eight feet. Such spaces shall be categorized as “business-sized” for the purposes of this Section and the number and sizes of such spaces shall be shown on plans filed with the Department of Buildings. The total area of such business-sized storage space shall be equal in floor area or cellar space to 25 percent of the lot area.

(c)        On a zoning lot on which industrial floor space is provided in accordance with paragraph (a) or (b)(1) of this Section, an information sign shall be provided. Such required sign shall be mounted on an exterior building wall adjacent to and no more than five feet from all primary entrances of the building containing the industrial floor space. The sign shall be placed so that it is directly visible, without any obstruction, to persons entering the building, and at a height no less than four feet and no more than 5 feet 6 inches above the adjoining grade. Such sign shall be legible, no less than 12 inches by 12 inches in size and shall be fully opaque, non-reflective and constructed of permanent, highly durable materials. The information sign shall contain the name and address of the building in lettering no less than three-quarters of an inch in height, and the following statement in lettering no less than one-half inch in height: “This building is subject to Industrial Floor Space regulations which require a minimum amount of space to be provided for specific industrial uses.” The information sign shall include an Internet URL, or other widely accessible means of electronically transmitting and displaying information to the public, where the information required in paragraph (d) of this Section is available to the public.

(d)        On a zoning lot on which industrial floor space is provided in accordance with paragraph (a) or (b)(1) of this Section, no later than June 30 of each year, beginning in the first calendar year in which a temporary or final certificate of occupancy was issued for the industrial floor space, the owner of the building subject to the use restrictions of this Section shall prepare a report on the existing conditions of the building. Such report shall be in a form provided by the Director of the Department of City Planning, and shall provide the following information at the designated Internet URL, or other widely accessible means of electronically transmitting and displaying information to the public:

(1)        the total floor area of the industrial floor space in the building required by this Section;

(2)        the name of each business establishment occupying floor area reserved for the industrial floor space. Such business establishment name shall include that name by which the establishment does business and is known to the public. For each business establishment, the amount of floor area the Use Group, subgroup and specific use as listed in this Resolution shall also be included;

(3)        a description of each establishment, using the North American Industry Classification System (NAICS) code and number of employees;

(4)        the total amount of industrial floor space that is vacant, as applicable;  

(5)        the average annual rent for the portions of the building, in the aggregate, required to be industrial floor space; and

(6)        the number of new leases executed during the calendar year, categorized by lease duration, in five-year increments from zero to five years, five to 10 years, 10 to 15 years, 15 to 20 years and 20 years or greater.  

The report shall be submitted to the Director of the Department of City Planning, by any method, including e-mail or other electronic means, acceptable to the Director. The applicable Community Board, Borough President and local Council Member shall be included in such transmission.

A self-service storage facility shall, in Subarea 2 of APPENDIX J of this Resolution, be permitted by special permit of the City Planning Commission pursuant to Section 74-932 (Self-service storage facility in designated areas within Manufacturing Districts).

Any self-service storage facility existing on December 19, 2017, located in a designated area within Manufacturing Districts, as shown on the maps in APPENDIX J, shall be considered a conforming use, provided that the owner of such self-service storage facility has filed documentation satisfactory to the Department of Buildings that it existed on such date and met the definition of self-service storage facility set forth in Section 12-10. Any enlargement or extension to an existing conforming facility need not provide industrial floor space, business-sized storage, or apply for special permit of the City Planning Commission pursuant to Section 74-932, as applicable, provided there is no increase in lot area of the zoning lot as it existed on December 19, 2017. In the event that a building for which satisfactory documentation has been filed with the Department of Buildings is damaged or destroyed by any means, such building may be reconstructed on the same zoning lot and continue as a self-service storage facility without providing industrial floor space or business-sized storage, as applicable, provided that the floor area of such reconstructed self-service storage facility does not exceed the floor area permitted pursuant to the provisions of Section 43-10 (FLOOR AREA REGULATIONS), inclusive.

Any self-service storage facility existing on December 19, 2017, that does not file such documentation satisfactory to the Department of Buildings pursuant to the provisions of this Section shall be considered non-conforming and subject to the provisions of Article V (NON-CONFORMING USES AND NON-COMPLYING BUILDINGS) of this Resolution.

M1-5B

The regulations governing M1 Districts shall apply in M1-5B Districts except where the special use regulations set forth in Section 42-14, paragraph D. (Special Uses in M1-5B Districts) provide otherwise.

In M1-5M and M1-6M Districts in Manhattan Community Districts 1, 2, 3, 4, 5 and 6, the conversion to dwelling units of non-residential buildings, or portions thereof, erected prior to December 15, 1961, shall be subject to the provisions of Article I, Chapter 5 (Residential Conversion Within Existing Buildings).

In M1-5M and M1-6M Districts, eating or drinking establishments with entertainment and a capacity of more than 200 persons or establishments of any capacity with dancing are permitted only by special permit of the Board of Standards and Appeals in accordance with Section 73-244.

(a)        In M1-5 and M1-6 Districts, except for M1-6D Districts, located within the rectangle formed by West 23rd Street, Fifth Avenue, West 31st Street, and Eighth Avenue, no new dwelling units shall be permitted. However, dwelling units which the Chairperson of the City Planning Commission determines were occupied on September 1, 1980, shall be a permitted use provided that a complete application to permit such use is filed by the owner of the building or the occupant of a dwelling unit in such building not later than June 21, 1983.

Such dwelling units shall comply with the requirements of Sections 15-024 or 15-22, where applicable and with Section 15-23. For the purposes of Article 7C of the New York State Multiple Dwelling Law, such a determination of residential occupancy on September 1, 1980, shall be deemed to permit residential use as-of-right for such dwelling units.

(b)        In M1-6 Districts located within the rectangle formed by West 35th Street, Fifth Avenue, West 40th Street and Sixth Avenue, no dwelling units shall be permitted, except that:

(1)        dwelling units which the Chairperson of the City Planning Commission determines were occupied on May 18, 1981, shall be a permitted use provided that a complete application to permit such use is filed by the owner of the building or the occupant of the dwelling unit not later than June 21, 1983. For the purposes of Article 7C of the New York State Multiple Dwelling Law, such a determination of residential occupancy shall be deemed to permit residential use as-of-right for such dwelling unit;

(2)        in any building for which an alteration application for conversion of floor area used for non-residential use to dwelling units or for an extension or minor enlargement of existing residential use, was filed prior to May 18, 1981, dwelling units shall be permitted, provided that such alterations shall comply with the regulations in effect on the date of such filing. The right to convert to dwelling units or extend or enlarge existing residential use pursuant to the provisions of this Section shall expire one year from July 23, 1981, unless a temporary or permanent certificate of occupancy has been issued; and

(3)        in M1-6D Districts, residential use shall be permitted as-of-right subject to the supplemental use regulations set forth in Section 42-48 (Supplemental Use Regulations in M1-6D Districts).

In 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 or 17C 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.

In M1-5B Districts, the requirements of Section 42-14 (Use Group 17), paragraphs D.(1)(b), (c), and (d), may be modified by authorization of the City Planning Commission, provided that:

(a)        such non-residential building is either a landmark or lies within a Historic District designated by the Landmarks Preservation Commission;

(b)        any alterations to the subject building required in connection with such conversion to joint living-work quarters for artists have received a Certificate of Appropriateness or other permit from the Landmarks Preservation Commission; and

(c)        a program has been established for continuing maintenance that will result in the preservation of the subject building or buildings as evidenced by a report from the Landmarks Preservation Commission.

In order to grant an authorization the City Planning Commission shall find that such modification of use requirements shall have minimal adverse effects on the conforming uses located within the building and in the surrounding area.

The City Planning Commission may prescribe appropriate additional conditions and safeguards in order to enhance the character of the subject building and to minimize adverse effects on the character of the surrounding area.

For the purposes of this Section, the following terms are defined:

Decibel

A "decibel" is a unit of measurement of the intensity of sound (the sound pressure level).

Impact noise analyzer

An "impact noise analyzer" is an instrument used in conjunction with the sound level meter to measure the peak intensities of short duration sounds.

Octave band

An "octave band" is one of a series of eight bands which cover the normal range of frequencies included in sound measurements. Such octave bands serve to define the sound in terms of its pitch components.

Octave band analyzer

An "octave band analyzer" is an instrument used in conjunction with a sound level meter to measure sound in each of eight octave bands.

Sound level meter

A "sound level meter" is an instrument standardized by the American Standards Association, which is used for measurement of the intensity of sound and is calibrated in decibels.

For the purpose of measuring the intensity or frequency of sound, the sound level meter, the octave band analyzer, and the impact noise analyzer shall be employed.

The "C" network and the "slow" meter response of the sound level meter shall be used. Sounds of short duration, as from forge hammers, punch presses, and metal shears, which cannot be measured accurately with the sound level meter, shall be measured with the impact noise analyzer as manufactured by the General Radio Company, or its equivalent, in order to determine the peak value of the impact. For sounds so measured, the sound pressure levels set forth in Section 42-213 (Maximum permitted decibel levels) may be increased by six decibels.

In all Manufacturing Districts, the sound pressure level resulting from any activity, whether open or enclosed, shall not exceed, at any point on or beyond any lot line, the maximum permitted decibel levels for the designated octave band as set forth in the following table for the district indicated.

In the enforcement of this regulation, sounds produced by the operation of motor vehicles or other transportation facilities shall not be included in determining the maximum permitted decibel levels.

MAXIMUM PERMITTED SOUND PRESSURE LEVEL
(in decibels)

Whenever a Manufacturing District adjoins a Residence District, at any point at the district boundary or within the Residence District, the maximum permitted decibel levels in all octave bands shall be reduced by six decibels from the maximum levels set forth in the table in Section 42-213 (Maximum permitted decibel levels).

For the purposes of this Section, the following terms are defined:

Frequency

A "frequency" is the number of oscillations per second of a vibration.

Impact vibrations

"Impact vibrations" are earth-borne oscillations occurring in discrete pulses at or less than 100 pulses per minute.

Steady state vibrations

"Steady state vibrations" are earth-borne oscillations that are continuous. Discrete pulses that occur more frequently than 100 times per minute shall be considered to be steady state vibrations.

Three-component measuring system

A "three-component measuring system" is a device for recording the intensity of any vibration in three mutually perpendicular directions.

For the purpose of measuring vibration, a three-component measuring system approved by the Commissioner of Buildings shall be employed.

In all Manufacturing Districts, no activity shall cause or create a steady state vibration at any point on any lot line, with a displacement in excess of the permitted steady state vibration displacement for the frequencies as set forth in the following table for the district indicated.

MAXIMUM PERMITTED STEADY STATE VIBRATION DISPLACEMENT
(in inches)

In all Manufacturing Districts, no activity shall cause or create an impact vibration, at any point on any lot line, with a displacement in excess of the permitted impact vibration displacement for the frequencies as set forth in the following table for the district indicated.

MAXIMUM PERMITTED IMPACT VIBRATION DISPLACEMENT
(in inches)

Whenever an M2 or M3 District adjoins a Residence District, the steady state and impact vibration displacement, measured at the district boundary, shall not exceed the maximum permitted for an M1 District for the frequencies as set forth in the tables in Section 42-223 (Maximum permitted steady state vibration displacement) or Section 42-224 (Maximum permitted impact vibration displacement).

For the purposes of this Section, the following terms are defined:

Combustion for indirect heating

"Combustion for indirect heating" is the burning of fuel in equipment, such as steam boilers, water or air heaters, stills, or brew kettles, where there is no contact between the products of combustion and the materials being heated.

Dust

"Dust" is solid particulate matter capable of being air- or gas-borne.

Particulate matter

"Particulate matter" is any finely divided liquid or solid matter capable of being air- or gas-borne.

Process weight

"Process weight" is the total weight of all materials used in any process which discharges dust into the atmosphere. Such materials shall include solid fuels, but not liquid or gaseous fuels or combustion air.

Smoke

"Smoke" is any visible emission into the open air from any source, except emissions of an uncontaminated water vapor.

Smoke unit

A "smoke unit" is a measure of the quantity of smoke being discharged and is the number obtained by multiplying the smoke density in a Standard Smoke Chart number by the time of emission in minutes. For example, the emission of Standard Smoke Chart number 1 for one minute equals one smoke unit.

Standard Smoke Chart numbers

"Standard Smoke Chart numbers" are the numbers on the Standard Smoke Chart of the Department of Air Pollution Control that coincide most nearly with the grids on the Standard Smoke Chart indicating graduations of light-obscuring capacity of smoke.

In all Manufacturing Districts, the density of emission of smoke during normal operations shall not exceed Standard Smoke Chart number 2, and the quantity of smoke shall not exceed a maximum of 10 smoke units per hour per stack in M1 Districts, 20 such units in M2 Districts, and 30 such units in M3 Districts. The method of measurement, additional limitations on the emission of smoke of a density not exceeding Standard Smoke Chart number 2, and the maximum permitted density and quantity of smoke during special operations such as building new fires, banking, or cleaning fires, soot blowing, or process purging, shall be determined in accordance with rules and regulations adopted by the Department of Environmental Protection.

(a)        Related to combustion for indirect heating

In all Manufacturing Districts, the emission into the atmosphere of dust related to combustion for indirect heating from any source shall not exceed the maximum number of pounds of dust per million British thermal units heat input per hour as set forth herein:

(1)        In M1 Districts

In M1 Districts, the maximum permitted emission shall be 0.50 pounds for minimum-size plants producing a heat input of 10 million or less British thermal units per hour and 0.15 for maximum size plants producing a heat input of 10,000 million or more British thermal units per hour. All intermediate values shall be determined from a straight line plotted on log graph paper.

(2)        In M2 or M3 Districts

In M2 or M3 Districts, the maximum permitted emission for such minimum-size plants shall be 0.60 in M2 Districts and 0.70 in M3 Districts, and for such maximum-size plants shall be 0.16 in M2 Districts and 0.18 in M3 Districts. All intermediate values shall be determined from a straight line plotted on log graph paper.

(b)        Related to processes

In all Manufacturing Districts, the emission into the atmosphere of process dust or other particulate matter which is unrelated to combustion for indirect heating or incineration shall not exceed 0.50 pounds per hour for 100 pounds of process weight or 50 pounds per hour for 100,000 pounds of process weight. All intermediate values shall be determined from a straight line plotted on log graph paper.

(c)        Total limit on emission of dust or other particulate matter in M1 or M2 Districts

In M1 or M2 Districts the maximum amount of dust or other particulate matter from all sources including combustion for indirect heating, process dust, or combustion for incineration which may be emitted from a single stack or vent shall not exceed 33 pounds per hour in M1 Districts, nor 250 pounds per hour in M2 Districts.

(d)        Method of measurement and dust from incineration

In all Manufacturing Districts, the method of measurement and permitted emission of dust related to combustion for incineration shall not exceed the maximum allowances established under rules and regulations adopted by the Department of Environmental Protection.

(e)        Prevention of wind-blown air pollution

In all Manufacturing Districts, all storage areas, yards, service roads, or other untreated open areas within the boundaries of a zoning lot shall be improved with appropriate landscaping or paving, or treated by oiling or any other means as specified in rules and regulations adopted by the Department of Environmental Protection, so that dust or other types of air pollution borne by the wind from such sources shall be minimized.

In addition to the performance standards of regulating smoke and other particulate matter, the emission of such matter shall be so controlled in manner and quantity of emission as not to be detrimental to or endanger the public health, safety, comfort, or other aspects of the general welfare, or cause damage or injury to property.

In M1 or M2 Districts, the emission of odorous matter shall be in accordance with limits established by the Department of Environmental Protection. In addition to such limits, the emission of odorous matter in such quantities as to be readily detectable at any point along lot lines or to produce a public nuisance or hazard beyond lot lines is prohibited.

In M3 Districts, the emission of odorous matter in such quantities as to produce a public nuisance or hazard at or beyond lot lines is prohibited.

For the purposes of this Section, the following term is defined:

Toxic or noxious matter

"Toxic or noxious matter" is any solid, liquid, or gaseous matter, including but not limited to gases, vapors, dusts, fumes, and mists, containing properties which by chemical means are:

(a)        inherently harmful and likely to destroy life or impair health; or

(b)        capable of causing injury to the well-being of persons or damage to property.

In all Manufacturing Districts, the emission of toxic or noxious matter into the atmosphere shall be in accordance with limits established by the Department of Environmental Protection. In addition to such emission limits, the emission of such matter shall be so controlled that no concentration at or beyond lot lines shall be detrimental to or endanger the public health, safety, comfort, and other aspects of the general welfare, or cause damage or injury to property.

For the purposes of this Section, the following term is defined:

Fireproof containers

"Fireproof containers" shall include steel or concrete containers and shall not include lead or other low-melting metals or alloys, unless the lead or low-melting metal or alloys are completely encased in steel.

In M1 Districts, unsealed radioactive materials shall not be manufactured, utilized, or stored (unless such materials are stored in a fireproof container at or below ground level) in excess of one million times the quantities set forth in Column 1 of the table in Section 38-2 of the Industrial Code Rule No. 38, relating to Radiation Protection adopted by the Board of Standards and Appeals of the New York State Department of Labor on October 10, 1955, effective December 15, 1955.

In M2 Districts, such materials shall not be manufactured, utilized, or stored (unless such materials are stored in a fireproof container at or below ground level) in excess of 10 million times the quantities set forth in Column 1 of the table cited in this Section. In M3 Districts no limits as to such permitted quantities shall apply.

In M1 or M2 Districts, no one of the following fissionable materials shall be assembled at any one point, place, or work area on a zoning lot in a quantity equal to or in excess of the amount set forth herein:

In addition, any establishment which provides radiation waste disposal services in the nature of collection or storage of radioactive waste from other manufacturing uses shall be prohibited in M1 or M2 Districts.

The Department of Health shall have exclusive jurisdiction to enforce and administer these hazards in accordance with the rules and regulations promulgated by the Board of Health. An appeal may be made to the Board of Health to permit the manufacture, utilization, or storage of unsealed radioactive materials or fissionable materials, in excess of the quantities set forth in Section 42-262 (Maximum permitted quantities of unsealed radioactive material) or Section 42-263 (Maximum permitted quantities of fissionable materials). In any case where the Board of Health determines that the radiation hazard on or beyond any lot line is remote and minimal, even in the event of an accident, the Board may permit such additional quantity.

For the purposes of this Section, the following terms are defined:

Flammable or explosive

"Flammable or explosive" materials are materials which produce flammable or explosive vapors or gases under ordinary weather temperature, including liquids with an open cup flash point of less than 100 degrees F.

Free burning

"Free burning" materials are materials constituting an active fuel.

Intense burning

"Intense burning" materials are materials which by virtue of low ignition temperature, high rate of burning, and large heat evolution burn with great intensity.

Moderate burning

"Moderate burning" materials are materials which in themselves burn moderately and may contain small quantities of a higher grade of combustibility.

Open cup flash point

The "open cup flash point" is the temperature at which a liquid sample produces sufficient vapor to flash but not ignite when in contact with a flame in a Tagliabue open cup tester.

Original sealed containers

"Original sealed containers" are containers with a capacity of not more than 55 gallons.

Slow burning

"Slow burning" materials are materials which will not ignite or actively support combustion during an exposure for five minutes to a temperature of 1,200 degrees F. and which, therefore, do not constitute an active fuel.

For the purposes of this Section, materials are divided into four classifications or ratings based on the degree of fire and explosive hazard. The rating of liquids is established by specified open cup flash points as set forth in this Section, and the Board of Standards and Appeals shall determine the rating of solids under this Section.

(a)        Class I includes slow burning to moderate burning materials. This shall include all liquids with an open cup flash point of 182 degrees F. or more.

(b)        Class II includes free burning to intense burning materials. This shall include all liquids with an open cup flash point between 100 and 182 degrees F.

(c)        Class III includes materials which produce flammable or explosive vapors or gases under ordinary weather temperature. This shall include all liquids with an open cup flash point of less than 100 degrees F.

(d)        Class IV includes materials which decompose by detonation, including but not limited to all primary explosives such as lead azide, lead styphnate, fulminates, and tetracene; all high explosives such as TNT, RDX, HMX, PETN, and picric acid; propellants and components thereof, such as nitrocellulose, black powder, boron hydrides, hydrazine, and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylides, tetrazoles and ozonides; and strong oxidizing agents such as perchloric acid, perchlorates, chlorates, chlorites, or hydrogen peroxide in concentrations greater than 35 percent.

In all Manufacturing Districts, Class I materials or products may be stored, manufactured, or utilized in manufacturing processes or other production.

Class II materials or products may be stored, manufactured or utilized in manufacturing processes or other production only in accordance with the following provisions:

(a)        In M1 Districts

In M1 Districts, Class II materials or products shall be stored, manufactured, or utilized subject to the following limitations:

(1)        such storage, manufacture or utilization shall be carried on only within buildings or other structures which are completely enclosed by incombustible exterior walls;

(2)        such buildings or other structures shall either be set back at least 40 feet from any lot lines or, in lieu thereof, all such buildings or other structures shall be protected throughout by an automatic fire extinguishing system which shall comply with the requirements set forth in the Administrative Code, and all such structures as storage tanks shall be protected by a fire extinguishing system which shall comply with the requirements set forth in the Administrative Code; and

(3)        the storage of Class II materials or products shall be limited to 100,000 gallons.

(b)        In M2 Districts

In M2 Districts, Class II materials or products may be manufactured or utilized without limitation. The storage of Class II materials or products shall be limited to 200,000 gallons, except that such limitation shall not apply to storage in underground tanks or storage of finished products in original sealed containers.

(1)        Special provisions applying along district boundaries

In M2 Districts and within 100 feet of the district boundary of a Residence District, a Commercial District or an M1 District, Class II materials or products shall be stored, manufactured, or utilized only in accordance with the provisions set forth in Section 42-274, paragraph (a), for M1 Districts.

(c)        In M3 Districts

In M3 Districts, Class II materials or products may be stored, manufactured, or utilized without limitation.

(1)        Special provisions applying along district boundaries

In M3 Districts and within 100 feet of the district boundary of a Residence District, a Commercial District or an M1 District, Class II materials or products shall be stored, manufactured, or utilized only in accordance with the provisions set forth in paragraph (a) of this Section for M1 Districts.

Class III materials or products may be stored, manufactured or utilized in manufacturing processes or other production only in accordance with the following provisions:

(a)        In M1 Districts

In M1 Districts, Class III materials or products shall not be manufactured in any event, and shall be stored or utilized subject to the following limitations:

(1)        such storage or utilization shall be carried on only within buildings or other structures which are completely enclosed by incombustible exterior walls;

(2)        such buildings or other structures shall either be set back at least 40 feet from any lot line or, in lieu thereof, all such buildings or other structures shall be protected throughout by an automatic fire extinguishing system which shall comply with the requirements set forth in the Administrative Code, and all such structures as storage tanks shall be protected by a fire extinguishing system which shall comply with the requirements set forth in the Administrative Code;

(3)        the final manufactured product shall have a rating of Class I; and

(4)        the storage of Class III materials or products shall be limited to 50,000 gallons.

(b)        In M2 Districts

In M2 Districts, Class III materials or products shall not be manufactured in any event and shall be stored or utilized subject to the following limitations:

(1)        the final manufactured product shall have a rating of Class II; and

(2)        the storage of Class III materials or products shall be limited to 100,000 gallons, except that such limitation shall not apply to storage in underground tanks and storage of finished products in original sealed containers.

(3)        In M2 Districts, and within 100 feet of the district boundary of a Residence District, a Commercial District or an M1 District, Class III materials or products shall be stored or utilized only in accordance with the provisions set forth in paragraph (a) of this Section for M1 Districts.

(c)        In M3 Districts

In M3 Districts, Class III materials or products may be stored, manufactured, or utilized without limitation.

(1)        Special provisions applying along district boundaries

In M3 Districts and within 400 feet of a Residence District, a Commercial District or an M1 District, the provisions set forth in paragraph (a) of this Section for M1 Districts shall apply. In M3 Districts and within 300 feet of the district boundary of an M2 District, no more than 200,000 gallons of Class III materials or products may be stored, except that such limitation shall not apply to storage in underground tanks or storage of finished products in original sealed containers.

Class IV materials or products shall not be manufactured in any Manufacturing District and may be utilized in manufacturing processes or other production in any Manufacturing District only when authorized by a special permit granted by the Board of Standards and Appeals in accordance with the provisions of Article VII, Chapter 3. No storage of Class IV materials or products is permitted in any Manufacturing District except such accessory storage as may be authorized by such special permit for the utilization of such materials or products in manufacturing processes or other production.

Oxygen, gaseous or liquid, shall not be manufactured in any Manufacturing District except when authorized by a special permit granted by the Board of Standards and Appeals in accordance with the provisions of Article VII, Chapter 3. Oxygen, gaseous or liquid, may be stored or utilized in all Manufacturing Districts in accordance with the provisions set forth in the Administrative Code and subject to the following limitations:

(a)        In M1 Districts

In M1 Districts, the total quantity of such oxygen stored shall not exceed 150,000 cubic feet at standard temperature and pressure.

(b)        In M2 Districts

In M2 Districts, the total quantity of such oxygen stored shall not exceed 500,000 cubic feet at standard temperature and pressure.

(c)        In M3 Districts

In M3 Districts, the total quantity of such oxygen stored is unlimited.

In M1 Districts, any activity producing excessive humidity in the form of steam or moist air, or producing intense heat or glare, shall be carried out in such a manner as not to be perceptible at or beyond any lot line.

In M2 Districts, any activity producing excessive humidity in the form of steam or moist air, or producing intense heat or glare, shall be carried out within an enclosure and in such a manner as not to be perceptible at or beyond any lot line.

When an M3 District adjoins any other district, any activity producing excessive humidity in the form of steam or moist air, or producing intense heat or glare, shall be carried out in such a manner as not to be perceptible at or beyond the district boundary.

M1

In the district indicated, all such activities shall be located within completely enclosed buildings, provided, however, that commercial uses may be located within buildings which are completely enclosed except for store fronts or store windows which may be opened to serve customers outside the building.

M2 M3

In the districts indicated, all such activities within 300 feet of a Residence District boundary shall be located within completely enclosed buildings, provided, however, that commercial uses may be located within buildings which are completely enclosed except for store fronts or store windows which may be opened to serve customers outside the building.

M1

In the district indicated, storage of materials or products within 200 feet of a Residence District boundary shall be located within completely enclosed buildings.

M2 M3

In the districts indicated, and within 200 feet of a Residence District boundary, open storage of materials or products shall be permitted only if effectively screened by a solid wall or fence (including solid entrance and exit gates) at least eight feet in height.

M1 M2 M3

In all districts, as indicated, for zoning lots with single frontage, no primary business entrance, show window or sign shall be located on that portion of the street frontage within 20 feet of frontage on the same side of the street in a Residence District.

However, where the street frontage of such zoning lot or portion thereof located within the Manufacturing District is less than 30 feet in length, such minimum distance shall be reduced to 10 feet.

For zoning lots with a frontage of more than 30 feet, an application may be made to the Board of Standards and Appeals to reduce such minimum distance to 10 feet, as provided in Section 73-50 (SPECIAL PROVISIONS APPLYING ALONG DISTRICT BOUNDARIES).

M1 M2 M3

In all districts, as indicated, no primary business entrance, show window or sign shall be located on that portion of the street frontage of a corner lot within 75 feet of frontage on the same side of the street in a Residence District.

However, primary business entrances, show windows, or signs may be located on frontage less than 75 feet, but not less than 20 feet, from a Residence District boundary:

(a)        if the total length of the block face containing such frontage is less than 220 feet; or

(b)        if such frontage adjoins frontage on a corner lot in a Residence District; or

(c)        if such frontage is separated from frontage in the Residence District by one or more zoning lots with single frontage.

Words in italics are defined in Section 12-10 or, if applicable exclusively to this Chapter, in this Section.

M1 M2 M3

(a)        In all districts, as indicated, railroad or transit air space may be developed or used only for a permitted use accessory to the railroad or transit right-of-way or yard, a use permitted by the City Planning Commission as set forth in Section 74-681 (Development within or over a railroad or transit right-of-way or yard), a railroad passenger station permitted by the City Planning Commission as set forth in Section 74-62 (Railroad Passenger Stations) or an open vehicle storage establishment authorized pursuant to this Section unless the right-of-way or yard or portion thereof is no longer required for railroad or transit use as set forth in paragraph (b) of this Section.

If any building or other structure constructed in such railroad or transit air space in accordance with the provisions of Section 74-681 is enlarged or replaced by a new building or other structure, the provisions of this Section shall apply to such enlargement or replacement.

However, any use legally established in such railroad or transit air space in accordance with the provisions of Section 74-681 may be changed to another use listed in a permitted Use Group, and no special permit from the Commission shall be required for such change of use.

Any building or other structure within or over a railroad or transit right-of-way or yard, which building or other structure was completed prior to September 27, 1962, or constructed in accordance with the applicable provisions of Sections 11-31 to 11-34, inclusive, prior to December 5, 1991, may be enlarged or replaced in accordance with the applicable district regulations without any requirement for a special permit from the Commission. Ownership of rights permitting the enlargement or replacement of such a building or other structure shall be deemed to be equivalent to ownership of a zoning lot or portion thereof, provided that such enlargement or replacement will be on one block and the rights are in single ownership and recorded prior to February 22, 1990. Such ownership of rights shall be deemed to include alternative ownership arrangements specified in the zoning lot definition of Section 12-10 (DEFINITIONS).

Enlargement or replacement utilizing these ownership rights shall be deemed to be constructed upon the equivalent of a zoning lot.

(b)        When the use of a railroad or transit right-of-way or yard, or portion thereof, has been permanently discontinued or terminated and a large-scale development requiring one or more special permits is proposed, no use or development of the property shall be allowed until the Commission has authorized the size and configuration of all zoning lots created on such property. As a condition for such authorization, the Commission shall find that:

(1)        the proposed zoning lots, indicated by a map describing the boundaries of, and the total area of, each lot, are not excessively large, elongated or irregular in shape and that no development on any zoning lot would result in the potential for an excessive concentration of bulk that would be incompatible with allowable developments on adjoining property; and

(2)        each resulting zoning lot has direct access to one or more streets.

No subsequent alteration in size or configuration of any zoning lot approved by the Commission shall be permitted unless authorized by the Commission. The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects of such zoning lot designation on the character of the surrounding area. Such conditions shall be set forth in a written Declaration of Restrictions covering all tracts of land or in separate written Declarations of Restrictions covering parts of such tracts of land and which in the aggregate cover the entire tract of land comprising the zoning lot and which is executed and recorded as specified in the definition of zoning lot in Section 12-10.

Prior to granting any zoning lot authorization relating to such right-of-way or yard, the Commission shall request the Metropolitan Transportation Authority and the Departments of Transportation of the State of New York and the City of New York to indicate within 30 days whether said agencies have any plan to use such property or portion thereof for a railroad or transit use.

(c)        In an M1-1 District, on the block bounded by Vanderbilt Avenue, Atlantic Avenue, Carlton Avenue and Pacific Street in the Borough of Brooklyn, the Commission may authorize the use of railroad or transit air space for an open vehicle storage establishment provided the Commission makes the following findings:

(1)        that adequate access to one or more streets is provided;

(2)        that access to such use is located on a street not less than 60 feet in width;

(3)        that the proposed open vehicle storage establishment will result in reducing the number of vehicles standing on nearby streets; and

(4)        that such establishment is located not less than 20 feet below curb level except for access ramps to the street or streets.

For the purpose of this authorization a secondary access ramp may be permitted provided that the intersection of such ramp and the street shall be no more than two blocks from the intersection of the primary access ramp and a street.

The Commission may prescribe appropriate conditions and safeguards to minimize any adverse effects on the character of the surrounding area, including requirements for the shielding of flood lights, screening, and surfacing of all access ramps or driveways.

(d)        Notwithstanding the above, the High Line, as defined in Section 98-01, shall be governed by the provisions of Section 98-16 (Air Space Over a Railroad or Transit Right-of-way or Yard).

Residential use shall be permitted in M1-6D Districts only in accordance with the provisions of this Section. For the purposes of this Section, a “qualifying building” shall be any building that existed on April 25, 2011, and which contained at least 40,000 square feet of floor area on such date.

(a)        Residential use as-of-right

Residential use shall be permitted as-of-right on any zoning lot that, on April 25, 2011, was not occupied by a qualifying building. Such absence of a qualifying building on the zoning lot shall be demonstrated to the satisfaction of the Department of Buildings.

(b)        Residential use by certification

Residential use shall be permitted on a zoning lot that, on April 25, 2011, was occupied by one or more qualifying buildings, only upon certification by the Chairperson of the City Planning Commission that the zoning lot will contain at least the amount of non-residential floor area that existed within qualifying buildings on the zoning lot on April 25, 2011, provided that:

(1)        preservation of non-residential floor area within existing non-qualifying buildings on the zoning lot shall not be counted toward meeting the requirements of this certification; and

(2)        floor area from community facility uses with sleeping accommodations shall not be counted toward meeting the requirements of this certification.

However, non-residential floor area converted to residential vertical circulation and lobby space need not be replaced as non-residential floor area.

A restrictive declaration acceptable to the Department of City Planning shall be executed and recorded, binding the owners, successors and assigns to provide the amount of non-residential floor area that existed within qualifying buildings on April 25, 2011, on the zoning lot. Such restrictive declaration shall be recorded in the Office of the City Register. A copy of such declaration shall be provided to the Department of Buildings upon application for any building permit related to a change in use from non-residential to residential, or for a new building containing residences.

The community facility use regulations applicable in M1 Districts shall not apply in M1-6D Districts. In lieu thereof, all community facility uses listed in Use Groups 3 and 4 shall be permitted, except that community facilities with sleeping accommodations shall only be permitted in accordance with paragraphs (a) or (b) of this Section, as applicable.

For the purposes of this Section, a “qualifying building” shall be any building that existed on April 25, 2011, and which contained at least 40,000 square feet of floor area on such date.

(a)        Community facilities with sleeping accommodations shall be permitted as-of-right on any zoning lot that, on April 25, 2011, was not occupied by a qualifying building. Such absence of a qualifying building on the zoning lot shall be demonstrated to the satisfaction of the Department of Buildings.

(b)        Community facilities with sleeping accommodations shall be permitted on a zoning lot that, on April 25, 2011, was occupied by one or more qualifying buildings, only upon certification by the Chairperson of the City Planning Commission that the zoning lot will contain at least the amount of non-residential floor area that existed within qualifying buildings on the zoning lot on April 25, 2011, provided that:

(1)        preservation of non-residential floor area within existing non-qualifying buildings on the zoning lot shall not be counted toward meeting the requirements of this certification; and

(2)        floor area from community facility uses with sleeping accommodations shall not be counted toward meeting the requirements of this certification.

However, non-residential floor area converted to vertical circulation and lobby space associated with a community facility with sleeping accommodations need not be replaced as non-residential floor area.

A restrictive declaration acceptable to the Department of City Planning shall be executed and recorded, binding the owners, successors and assigns to provide the amount of non-residential floor area that existed within qualifying buildings on April 25, 2011, on the zoning lot. Such restrictive declaration shall be recorded in the Office of the City Register. A copy of such declaration shall be provided to the Department of Buildings upon application for any building permit related to a change in use from non-residential to community facility with sleeping accommodations, or for a new building containing a community facility with sleeping accommodations.

(c)        On narrow streets, ground floor community facility uses shall be subject to the streetscape provisions set forth in Section 42-485 (Streetscape provisions).

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

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

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

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

In M1-6D Districts, the manufacturing use regulations applicable in Special Mixed Use Districts, as set forth in Section 123-22 (Modification of Use Groups 16, 17 and 18), inclusive, shall apply.

For the purposes of applying the special “ground floor level” streetscape provisions set forth in Section 37-30 to this Section, narrow streets with a street frontage of 50 feet or more shall be considered “primary street frontages”, as defined in Section 37-311.

On narrow streets, for zoning lots with street frontage of 50 feet or more, ground floor uses limited to Use Groups 6A, 6C, 7B, 8A, 8B, 9A, 10A, 12A and 12B shall extend along a minimum of 50 percent of the width of the street frontage of the zoning lot. Such uses shall extend to a depth in accordance with the provisions of Section 37-32 (Ground Floor Depth Requirements for Certain Uses). The remainder of the street frontage of the zoning lot may be occupied by any permitted uses, lobbies or entrances to parking spaces, provided that lobbies shall comply with the provisions for Type 2 lobbies set forth in Section 37-33 (Maximum Width of Certain Uses).

Enclosed parking spaces, or parking spaces covered by a building, including such spaces accessory to residences, shall be permitted to occupy the ground floor, provided that such spaces are wrapped by floor area or screened in accordance with the provisions of Section 37-35 (Parking Wrap and Screening Requirements), as applicable.

For any development or enlargement that includes a ground floor street wall, each ground floor street wall occupied by uses listed in Use Groups 1 through 15, not including dwelling units, shall be glazed in accordance with the provisions of Section 37-34 (Minimum Transparency Requirements).

For zoning lots that have a street frontage of less than 75 feet, where entrances to off-street parking or loading facilities are located along such street frontage, the City Planning Commission may modify the dimensions of the frontage and depth requirements for ground floor commercial uses set forth in Section 42-485 (Streetscape provisions), provided that the Commission finds that such modifications:

(a)        are the minimum necessary to provide sufficient space for access to off-street parking or loading facilities;

(b)        will not adversely affect the streetscape experiences or impact the viability of such uses, and the resulting ground floor frontages will effectively contribute to a vibrant mixed-use district; and

(c)        to the greatest extent feasible will result in a ground floor that meets the height requirements for qualifying ground floors.

M1 M2 M3

In all districts, as indicated, the total surface area of all permitted signs, including non-illuminated or illuminated signs, shall not exceed the limitation established for non-illuminated signs, as set forth in Section 42-532.

M1 M2 M3

In all districts, as indicated, non-illuminated signs with total surface areas not exceeding six times the street frontage of the zoning lot, in feet, but in no event more than 1,200 square feet for each sign, are permitted.

However, in any Manufacturing District in which residences or joint living-work quarters for artists are, under the provisions of the Zoning Resolution, allowed as-of-right or by special permit or authorization, the total surface area of all such permitted signs shall not exceed six times the street frontage of the zoning lot, in feet, and that the surface area of each sign shall not exceed 750 square feet.

M1 M2 M3

In all districts, as indicated, illuminated or flashing advertising signs are not permitted.

Illuminated or flashing signs, other than advertising signs, and accessory or advertising signs with indirect illumination are permitted, provided that the total surface area of all such signs, in square feet, shall not exceed:

(a)        for illuminated or flashing signs other than advertising signs, five times the street frontage of the zoning lot, in feet, and that the surface area of each sign shall not exceed 500 square feet; and

(b)        for accessory or advertising signs with indirect illumination, five times the street frontage of the zoning lot, in feet, and that the surface area of each sign shall not exceed 750 square feet.

However, in any Manufacturing District in which residences or joint living-work quarters for artists are, under the provisions of the Zoning Resolution, allowed as-of-right or by special permit or authorization, the total surface area of all such permitted signs shall not exceed five times the street frontage of the zoning lot, in feet, and that the surface area of each sign shall not exceed 500 square feet.