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FRIDAY, JULY 9, 2021

THE CITY RECORD

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

for lubrication, minor repairs, or washing are permitted only if located within a completely enclosed building C3
Boatels PRC-H
C1 C2 C3
Camps, overnight or outdoor day PRC-H
ARTICLE IV
MANUFACTURING DISTRICT REGULATIONS
Chapter 2
Use Regulations
42-10
USES PERMITTED AS-OF-RIGHT
42-11
Use Groups 4A, 4B, 4C, 5, 6C, 6E, 7A, 9A and 12B
M1
Use Groups 4B, 4C, 5, 6C, 6E, 7A, 9A and 12B as set forth in Sections 32-13, 32-14, 32-15, 32-16, 32-18, 32-21.
Use Group 4A shall be limited to all health facilities requiring approval under Article 28 of the Public Health Law of the State of New York that, prior to July 10, 1974, have received approval of Part I of the required application from the Commissioner of Health, ambulatory diagnostic or treatment health care facilities, as listed in Section 22-14
Use Group 4, and houses of worship. Such uses are not subject to the special permit provisions of Sections 42-32 and 74-921.
Transient hotels, as listed in Section 32-14 Use Group 5, and motels, tourist cabins or boatels, as listed in Section 32-16 Use Group 7A, shall be subject to the special provisions of Section 42-111
Special provisions for hotels in M1 Districts or, where applicable, Section 32-02 Special Provisions for Hotels. For the purposes of this Section, inclusive, transient hotels shall include motels, tourist cabins and boatels.
42-111
Special provisions for hotels in M1 Districts 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 74803 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 special permit shall not be required for 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.
1 In addition, a special permit pursuant to the provisions of Section 74-803 shall not be required for developments, enlargements, extensions or changes of use of transient hotels in:
i2 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;
ii3 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 iii an M1 District where another special permit in this Resolution permitting such use is applicable, subject to approval by the City Planning Commission, including, but not limited to, a special permit for a transient hotel applicable within a Special Purpose District or in a Historic District designated by the Landmarks Preservation Commission.
42 A special permit pursuant to the provisions of Section 74-803 shall also not be required 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
Use Group 7 consists primarily of home maintenance or repair services which:
1

fulfill recurrent needs of residents in nearby areas;

2

h ave a relatively small service area and are, therefore, widely distributed throughout the City; and
3

a re 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 than 7,500 square feet per establishment, and provided that facilities
4241