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THE CITY RECORD

3536

THURSDAY, SEPTEMBER 10, 2020

The use regulations of the underlying districts are modified by the provisions of this Section.

10A shall be exempt when calculating aggregate retail and service floor area;

For developments, enlargements, conversions or changes of use established after date of adoption that are subject to performance standards, the M1 District performance standards of Section 42-20 , inclusive, shall apply.
If any existing use or building or other structure is extended, enlarged or reconstructed after date of adoption, the performance standards for an M1 District shall apply to such extended, enlarged or reconstructed portion of such use or building or other structure.

iv
physical culture or health establishments, including gymnasiums.
For the purposes of applying the underlying regulations, a physical culture or health establishment shall be considered a Use Group 9A use; and
v
modifications to the performance standards for distilleries, as listed in Use Group 18A as an alcoholic beverage manufacturing establishment, as follows.
In lieu of Sections 42-272 Classifications and 42-275 Regulations applying to Class III materials or products, all distilleries established by this special permit, and the Class III materials they manufacture, store, handle and use, shall be subject to the design, installation, operation and maintenance requirements of the New York City Fire Code and rules, including occupancy group restrictions, floor restrictions, storage limitations, and facility and equipment requirements. An application demonstrating compliance with the New York City Fire Code and rules shall be made to the Fire Department for approval. No distilleries shall be permitted to open or receive a certificate of occupancy by the Department of Buildings and no existing distilleries shall be allowed to expand except with Fire Department approval.

129-12
Special Off-Street Parking Regulations For developments, enlargements, conversions, or changes of use in M1-2 Districts that are the subject of a special permit granted by the City Planning Commission, pursuant to Section 129-21 Special Permit for Use and Bulk Modifications, the underlying off-street parking regulations of an M2-4 District shall apply.
129-13
Other Regulations Except where modified by special permit of the City Planning Commission, pursuant to Section 129-21, the remaining use and parking regulations of the underlying districts shall apply, in addition to all bulk regulations of the underlying districts.
129-20
SPECIAL PERMITS
129-21
Special Permit for Use and Bulk Modifications For developments, enlargements, conversions, or changes of use involving one or more zoning lots, but planned as a unit, that comprise in total an area of at least 1.5 acres, where all zoning lots are located wholly within the Special Industry City District, the City Planning Commission may allow, by special permit, the modifications listed in paragraph a of this Section provided that the Commission determines that the findings in paragraph b are met.
Application requirements are set forth in paragraph c and additional requirements are set forth in paragraph d that apply subsequent to the approval of an application.

2

Bulk Modifications The Commission may permit modifications to all underlying bulk regulations other than the permitted floor area ratio.

b
Findings

To grant a special permit, the Commission shall find that:

a
Permitted modifications
1

The Commission may permit the following modifications to the underlying use and bulk regulations, subject to any applicable conditions.

any modifications will aid in achieving the general purposes and intent of the Special District;

2

for uses modifications:

1

Use modifications The Commission may permit:
i
the following uses from Use Group 3A: schools, with no living or sleeping accommodations; colleges or universities, including professional schools, libraries, museums and non-commercial art galleries, in total, limited to an aggregate floor area of 625,000 square feet;

ii transient hotels, as listed in Use Groups 5 and 7A;
iii
all uses listed in Use Groups 6A, 6C, 7B, 8B, 9A, 10A, 12B and 14A, regardless of whether permitted as-of-right in the underlying district, provided that:
a
all retail and service establishment uses shall be limited to an aggregate floor area of 900,000 square feet;

b
if the amount of aggregate floor area for such uses exceeds 120,000 square feet, all additional retail and service establishment uses shall provide parking at the rate of one space per 500 square feet of development, enlargement or change of use; and
c
art, music, dancing or theatrical studios in Use Group 9A and depositories for storage of office records, microfilm or computer tapes, or for data processing, photographic or motion picture production studios and radio or television studios in Use Group
i
such proposed uses are compatible with existing uses and are appropriate for the location;

ii
such uses will be located so as to draw a minimum of vehicular traffic to and through local streets;

iii
access to public streets from such uses is designed to maximize pedestrian safety and minimize vehicle and pedestrian conflicts;

iv
such uses will not impair the essential character or future use or development of the surrounding area.

v
For uses in Use Group 3A:
a
an adequate separation from air, noise, traffic and other adverse effects is achieved to minimize the potential conflicts from surrounding industrial uses. For schools, such separation shall be achieved through the use of sound-attenuating exterior wall and window construction or by the provision of adequate open areas along lot lines of the zoning lot; and
b
in selecting the site for such uses, due consideration has been given to the proximity and adequacy of mass transit facilities;

c
for schools, the movement of traffic through the street on which the school is located will be controlled so as to protect children going to and from the school. The