The regulations governing M1 Districts shall apply in M1-5B Districts except where the special use regulations set forth in paragraphs (a) and (b) of this Section, provide otherwise.

1. Joint living-work quarters for artists in buildings in M1-5B Districts, provided:
   1. Such building was erected prior to December 15, 1961.
   2. The lot coverage of such building does not exceed 5,000 square feet except that in buildings with frontage along Broadway the lot coverage shall not exceed 3,600 square feet. However, such quarters may also be located in a building occupying more than 5,000 square feet of lot area if the entire building was held in cooperative ownership by artists on September 15, 1970. Joint living-work quarters for artists are permitted in other buildings or other structures only by special permit of the City Planning Commission pursuant to Section 74-782 (Residential conversion in C6-1G, C6-2G, C6-2M, C6-4M, M1-5B, M1-5M and M1-6M Districts) by minor modification of the Chairperson of the City Planning Commission pursuant to paragraph (c)(5) of this Section or by authorization of the Commission pursuant to paragraph (d) of this Section.
   3. In M1-5B Districts in buildings occupying less than 3,600 square feet of lot area, joint living-work quarters for artists may not be located below the floor level of the second story unless modified by the Chairperson of the City Planning Commission pursuant to paragraph (c) of this Section, Section 74-781 (Modification by special permit of the Commission of uses in M1-5B Districts), or by authorization of the Commission pursuant to paragraph (d) of this Section.
   4. In buildings occupying more than 3,600 square feet of lot area, joint living-work quarters for artists may not be located below the floor level of the second story unless modified by the Chairperson of the City Planning Commission pursuant to paragraph (c) of this Section, 74-781 or by authorization of the Commission pursuant to paragraph (d) of this Section.
   5. At least 30 percent of the gross roof area of a building containing 15 joint living-work quarters for artists shall be provided for recreational use. For each additional joint living-work quarters for artists, 100 square feet of additional roof area shall be provided for recreational use up to a maximum of 50 percent of the gross roof area. This recreational area shall be accessible to all the occupants of said building and their guests. No fees shall be charged to the occupants or their guests. The provisions of this Section may be modified pursuant to paragraph (c) of this Section.
   6. In any building which, as a result of zoning map change CP-23167 is zoned M1-5B, any existing occupant of a joint living-work quarters for artists which cannot meet the qualifications of the Department of Cultural Affairs may remain as a lawful use. This lawful use is non-transferable and ceases immediately upon the vacating of such space. Such occupants must register with the Department of Cultural Affairs not later than August 31, 1983, in order to preserve their lawful status in their existing space.
   7. In a building for which an alteration permit for joint living-work quarters for artists was requested prior to April 27, 1976, such alterations may comply with the regulations effective prior to such date.
2. Uses permitted in M1 Districts, pursuant to Sections 42-11 (Use Group I – Agriculture and Open Uses) through 42-20 (Use Group X – Production Uses), inclusive, shall be allowed below the floor level of the second story except that all eating or drinking establishments, as listed in Use Group VI, shall be limited to 5,000 square feet of floor area per establishment. Such use provisions may be modified by the Chairperson of the City Planning Commission pursuant to paragraph (c) of this Section or by the Commission pursuant to Section 74-781 (Modifications by special permit of the Commission of uses in M1-5B Districts).
3. Modification by certification of the Chairperson of the City Planning Commission of uses in M1-5B Districts
   
   In M1-5B Districts, the requirements of paragraphs (a)(2), (a)(3), (a)(4) and (a)(5) or paragraph (b) of this Section 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.
   1. The provisions of paragraphs (a)(3) or (a)(4) or paragraph (b) of this Section 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.
   2. The provisions of paragraphs (a)(3) or (a)(4) of this Section 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.
   3. The provisions of paragraph (b) of this Section may be modified provided a use not otherwise permitted 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.
   4. The requirements of paragraph (a)(5) of this Section 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.
   5. The requirements of paragraph (a)(2) of this Section 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.
4. Modification by authorization of the City Planning Commission of use regulations in M1-5B DistrictsIn M1-5B Districts, the requirements of paragraphs (a)(2), (a)(3) and (a)(4) of this Section may be modified by authorization of the City Planning Commission, provided that:such non-residential building is either a landmark or lies within a Historic District designated by the Landmarks Preservation Commission;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; anda 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.