§ 42-311 Residential uses in M1-1D through M1-5D Districts
ZR § 42-311
In M1-1D, M1-2D, M1-3D, M1-4D and M1-5D Districts, residential uses shall be permitted on zoning lots that include existing residences and are not located in either a designated area shown on the maps in APPENDIX J (Designated Areas Within Manufacturing Districts) of this Resolution or within 100 feet of Third Avenue in Brooklyn. Such residential use shall be subject to the regulations of Sections 43-61 (Bulk Regulations for Residential Uses in M1-1D Through M1-5D Districts) and 44-022 (Applicability of regulations in M1-1D through M1-5D Districts) For all other zoning lots, new residences or enlargements of existing residences may be permitted by authorization of the City Planning Commission provided the zoning lot existing on June 20, 1988, meets the criteria of paragraphs (a), (b) or (c) of this Section.
(a)On zoning lots containing residential or community facility uses, new residences or enlargements of existing residences may be authorized, provided:
(1)the zoning lot contains a building that has one or more stories of lawful residential or community facility uses and no more than one story of commercial or manufacturing uses therein;
(2)the zoning lot contains no other commercial or manufacturing uses; and
(3)25 percent or more of the aggregate length of the block fronts on both sides of the street facing each other is occupied by zoning lots containing residential or community facility uses.
(b)On vacant zoning lots, new residences may be authorized, provided:
(i)such vacant zoning lot and any contiguous vacant zoning lots and land with minor improvements fronting on the same street aggregate no more than 10,000 square feet of lot area, and 50 percent or more of the aggregate length of the block fronts on both sides of the street facing each other is occupied by zoning lots containing residential or community facility uses; or
(ii)such vacant zoning lot and any contiguous vacant zoning lots and land with minor improvements fronting on the same street aggregate no more than 5,000 square feet of lot area, and 25 percent or more of the aggregate length of the block fronts on both sides of the street facing each other is occupied by zoning lots containing residential or community facility uses.
(c)On land with minor improvements, new residences may be authorized provided such land with minor improvements otherwise meets all the criteria for vacant zoning lots listed in paragraph (b) of this Section, except that new residential use shall not be authorized on land with minor improvements that:
(d)In determining eligibility for residential use, pursuant to paragraphs (a), (b) or (c) of this Section, the following regulations shall be applicable:
(4)In any building, no residential use may be located on or below a story occupied by a commercial or manufacturing use.
(5)For the purposes of this Section, a through lot fronting on no more than two streets shall be treated as if it consisted of two separate zoning lots with abutting rear lot lines at a line midway between the two street lines upon which such through lot fronts. In the case of a through lot that fronts on more than two streets, the through lot portion shall first be considered as if it were so divided, and then any remaining portion shall be considered as if it were a separate zoning lot. Notwithstanding, in no event shall contiguous portions of a through lot that front on the same street be treated as if they were separate zoning lots. Each resulting portion of such through lot on each street frontage shall be considered separately to determine whether it meets the criteria for new residences set forth in paragraphs (a), (b) or (c) of this Section, and only on such portion may new residences or enlargements of existing residences be authorized. Only the lot area of such portion shall be calculated in determining the permitted amount of floor area to be authorized pursuant to this Section.
(6)A zoning lot or contiguous zoning lots existing on June 20, 1988, that have been vacant continuously since June 20, 1988, or have been vacant continuously for five years prior to the date of application for such authorization, that are contiguous to and front on the same street as a vacant zoning lot or land with minor improvements that meets all the requirements of paragraph (b) or (c) of this Section, may be combined with such eligible zoning lot in its application to authorize residential use. The aggregate lot area of all such contiguous vacant zoning lots or land with minor improvements shall be limited by the requirements of paragraph (b)(3).
(e)In authorizing such residential uses, the Commission shall find that:
In granting such authorization, the Commission may prescribe additional conditions and safeguards as the Commission deems necessary.
Residential uses authorized pursuant to this Section shall be subject to the regulations of Sections 43-61 (Bulk Regulations for Residential Uses in M1-1D Through M1-5D Districts) and 44-022 (Applicability of regulations in M1-1D through M1-5D Districts).
Regulations governing other residential uses in M1-D Districts are set forth in Article V, Chapter 2 (Non-conforming Uses).
Residential uses in M1-D Districts may enlarge pursuant to the regulations of Section 52-46 (Conforming and Non-conforming Residential Uses in M1-1D through M1-5D Districts) or of this Section.
