§ 123-22 Additional Conditions for Certain Uses
ZR § 123-22
The following shall apply to commercial and manufacturing uses subject to the provisions of this Section pursuant to Section 123-21:
Performance standardsAll applicable commercial and manufacturing uses shall conform to the performance standards for M1 Districts as set forth in Section 42-40 (PERFORMANCE STANDARDS) through 42-48 (Performance Standards Regulating Humidity, Heat or Glare), inclusive.
Additional standards for buildings containing residences or certain community facility usesAll applicable commercial and manufacturing uses may only locate in the same building as, or share a common wall with a building containing a residence or a community facility use with sleeping accommodations: where such commercial or manufacturing use: does not have a New York City or New York State environmental rating of “A”, “B” or “C” under Section 24–153 of the New York City Administrative Code for any process equipment requiring a New York City Department of Environmental Protection operating certificate or New York State Department of Environmental Conservation state facility permit; and is not required, under the City Right-to-Know Law, to file a Risk Management Plan for Extremely Hazardous Substances; or In MX-19, upon the submission to the Department of Buildings of a copy of a restrictive declaration, in a form acceptable to the Department of Environmental Protection, that has been executed and recorded in the Office of the City Register against all tax lots with such use, binding the owners, successors, and assigns to provide any building design requirements consistent with the underlying zoning as may be approved by the Department of Environmental Protection to protect residents of such building from air contaminants, odors, vibrations, or noise.
where such commercial or manufacturing use: does not have a New York City or New York State environmental rating of “A”, “B” or “C” under Section 24–153 of the New York City Administrative Code for any process equipment requiring a New York City Department of Environmental Protection operating certificate or New York State Department of Environmental Conservation state facility permit; and is not required, under the City Right-to-Know Law, to file a Risk Management Plan for Extremely Hazardous Substances; or
does not have a New York City or New York State environmental rating of “A”, “B” or “C” under Section 24–153 of the New York City Administrative Code for any process equipment requiring a New York City Department of Environmental Protection operating certificate or New York State Department of Environmental Conservation state facility permit; and
is not required, under the City Right-to-Know Law, to file a Risk Management Plan for Extremely Hazardous Substances; or
In MX-19, upon the submission to the Department of Buildings of a copy of a restrictive declaration, in a form acceptable to the Department of Environmental Protection, that has been executed and recorded in the Office of the City Register against all tax lots with such use, binding the owners, successors, and assigns to provide any building design requirements consistent with the underlying zoning as may be approved by the Department of Environmental Protection to protect residents of such building from air contaminants, odors, vibrations, or noise.
