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FRIDAY, JULY 2, 2021
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THE CITY RECORD

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;
where an application for a project containing a transient hotel has been filed at the Board of Standards and Appeals before date of adoption and such application has been approved after January 1, 2018, provided that:
i such transient hotel was considered in such application, as evidenced by its description or assessment at a specified location in a land use application or in environmental review documents;
and ii in the event that a temporary or final certificate of occupancy has not been issued by six years after date of adoption, 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; or where an application for a project containing a transient hotel has been certified by the City Planning Commission before date of adoption and has been approved by the Commission after January 1, 2018, provided that:
i such transient hotel was considered in such application, as evidenced by its description or assessment at a specified location in a land use application or in environmental review documents; and ii in the event that a temporary or final certificate of occupancy has not been issued by six years after date of adoption, 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. For such applications where a special permit for a transient hotel has been certified by the Commission pursuant to a Special Purpose District, such application may continue pursuant to the regulations and term of years proposed or in effect at the time such special permit was certified by the Commission.

Existing hotels 1 Any transient hotel existing on date of adoption 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, the space allocated to such transient hotel shall thereafter be used only for a conforming use other than a transient hotel, 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 74-802 or other applicable section of this Resolution.
2 The provisions of paragraph c1 of this Section shall be modified up to six years after date of adoption to allow a transient hotel existing on date of adoption 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 date of adoption and six years after date of adoption.
3 In the event a casualty damages or destroys a transient hotel that was in such use as of date of adoption, 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.
Vesting regulations 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, the following provisions shall apply.
1 If, on or before date of referral, an application for a development, enlargement or conversion to a transient hotel has been filed with the Department of Buildings, and if, on or before date of adoption, the Department of Buildings has approved an application for a foundation, a new building or an alteration based on a complete zoning analysis showing zoning compliance for such transient hotel, such application may be
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continued, and construction may be started or continued.
The application may be revised and retain vested status, provided that the floor area for the transient hotel is not increased beyond the amount approved.
2 However, in the case of an application for a development, enlargement or conversion to a transient hotel that has been filed with the Department of Buildings prior to January 1, 2018 and has not received a permit contingent on zoning approval on or before date of adoption, the provisions of paragraph d1 of this Section shall not apply.
In lieu thereof, the provisions of this paragraph shall apply.
For such applications, if, on or before date of adoption a permit contingent on zoning approval was lawfully issued by the Department of Buildings, such construction may be started or continued.
In the event that a temporary or final certificate of occupancy has not been issued by six years after date of adoption, 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.
32-10
USES PERMITTED AS-OF-RIGHT
32-14
Use Group 5
C1 C2 C4 C5 C6 C8
Use Group 5 consists of hotels used primarily for transient occupancy.
A. Transient Accommodations Hotels, transient PRC-H
B. Accessory Uses
In a C1-1, C1-2, C1-3 or C1-4 District, a transient hotel shall not be permitted
In a C2-1, C2-2, C2-3 or C2-4 District, each transient hotel shall be located on a zoning lot in whole or in part within a 1,000-foot radius of the entrance or exit of a limited-access expressway, freeway, parkway, or highway, all of which prohibit direct vehicular access to abutting land and provide complete separation of conflicting traffic flows, measured from the centerline of the entrance or exit ramp at its intersection with the nearest adjacent street
Subject to the provisions of Section 32-02 Special Provisions for Hotels
32-16
Use Group 7
C2 C6 C8
Use Group 7 consists primarily of home maintenance or repair services which:
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fulfill recurrent needs of residents in nearby areas;

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have a relatively small service area and are, therefore, widely distributed throughout the City; and
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are incompatible in primary retail districts since they break the continuity of retail frontage.

A. Transient Accommodations Motels, tourist cabins or boatels PRC-H
In C2 Districts, each motel or tourist cabin shall be located on a zoning lot in whole or in part within a 1,000 foot radius of the entrance or exit of a limited-access expressway, freeway, parkway or highway, all of which prohibit direct vehicular access to abutting land and provide complete separation of conflicting traffic flows, measured from the centerline of the entrance or exit ramp at its intersection with the nearest adjacent street
E. Accessory Uses
In a C6-1A District, uses in Use Group 7 are not permitted
Subject to the provisions of Section 32-02 Special Provisions for Hotels
32-30
USES PERMITTED BY SPECIAL PERMIT
32-31
By the Board of Standards and Appeals In the districts indicated, the following uses are permitted by special permit of the Board of Standards and Appeals, in accordance with standards set forth in Article VII, Chapter 3.
C4-1
Amusement arcades PRC-E
C2 C4 C6 C7
Automotive service stations, open or enclosed, with sites of not less