(a)          In M1-5 and M1-6 Districts located within the rectangle formed by West 23rd Street, Fifth Avenue, West 31st Street and Eighth Avenue, no new dwelling units shall be permitted.  However, dwelling units which the Chairperson of the City Planning Commission determines were occupied on September 1, 1980, shall be a permitted use provided that a complete application for a determination of occupancy is filed by the owner of the building or the occupant of a dwelling unit in such building not later than June 21, 1983. For the purposes of Article 7C of the New York State Multiple Dwelling Law, such a determination of residential occupancy on September 1, 1980, shall be deemed to permit residential use as-of-right for such dwelling units.

All dwelling units permitted pursuant to this paragraph (a) shall be required to comply with the requirements of Section 15-024 (Special bulk regulations for certain pre-existing dwelling units, and joint living-work quarters for artists) where applicable.

Where the Chairperson of the City Planning Commission has determined that floor area was occupied as dwelling units on September 1, 1980, and where such dwelling units are located in a building which, on the date of application to the Department of City Planning under the provisions of this Section, also has floor area which is occupied by referenced commercial and manufacturing uses,  the Chairperson may permit that any floor area in the building be used for dwelling units provided that:

(1)        the total amount of floor area to be used for dwelling units does not exceed the amount of floor area occupied as dwelling units on September 1, 1980;

(2)       referenced commercial and manufacturing uses located on floor area to be used for dwelling units that has been offered a new or amended lease within the building, with a minimum term of two years from the date of application, at a fair market rental for the same amount of floor area previously occupied, and such lease is not subject to cancellation by the landlord;

(3)        any residential tenant who occupied a dwelling unit shall be relocated to a dwelling unit within the building with a floor area equal to not less than 95 percent of the amount of floor area in the dwelling unit previously occupied; and

(4)        as a result of such action by the Chairperson, residential uses will be located on stories above manufacturing uses.

(b)          In M1-6 Districts located within the rectangle formed by West 35th Street, Fifth Avenue, West 40th Street and Sixth Avenue, no dwelling units shall be permitted, except that:

(1)        dwelling units which the Chairperson determines were occupied on May 18, 1981, shall be a permitted use provided that a complete application to permit such use is filed by the owner of the building or the occupant of the dwelling unit not later than June 21, 1983. For the purposes of Article 7C of the New York State Multiple Dwelling Law, such a determination of residential occupancy shall be deemed to permit residential use as-of-right for such dwelling unit.

(2)        in any building for which an alteration application for conversion of floor area used for non-residential use to dwelling units or for an extension or minor enlargement of existing residential use, was filed prior to May 18, 1981, dwelling units shall be permitted, provided that such alterations shall comply with the regulations in effect on the date of such filing.  The right to convert to dwelling units or extend or enlarge existing residential use pursuant to the provisions of this paragraph (b) shall expire one year from July 23, 1981, unless a temporary or permanent certificate of occupancy has been issued.

Dwelling units converted under the provisions of this Chapter are not subject to the provisions of Section 32-42 (Location Within Buildings).

The owner or developer of a building converted under the provisions of this Chapter and containing one or more dwelling units and one or more commercial or manufacturing uses above the first story shall be required to notify all prospective residential occupants of such dwelling units that:

(a)        such dwelling units are located in a building containing commercial or manufacturing uses which the City is committed to maintain; and

(b)        such prospective occupants should make any investigation they deem necessary to determine that the conditions existing or permitted to exist are not offensive to such prospective occupant.

Prior to the issuance of a building permit, the owner or developer shall file an affidavit with the Department of Buildings that such notice will be provided in all residential leases and offering plans.

1. The minimum size, yard and density requirements of Sections 15-111 (Number of permitted dwelling units) and 43-17 (Special Provisions for Joint Living-Work Quarters for Artists in M1-5B Districts) may be replaced by the requirements of this Section for dwelling units and joint living-work quarters for artists:
   1. existing on September 1, 1980, for which a determination of residential or joint living-work quarters for artists occupancy has been made pursuant to paragraph (b) of Section 15-021 (Special use regulations), paragraph (b) of Section 42-314 (Use regulations in certain M1-1, M1-5 and M1-6 Districts), paragraph (c)(2) of Section 42-315 (Use regulations in M1-5B Districts); or
   2. that are registered Interim Multiple Dwellings or are found covered by the New York City Loft Board pursuant to Article 7C of the New York State Multiple Dwelling Law; or
   3. that the Loft Board determines were occupied for residential use or as joint living-work quarters for artists on September 1, 1980.
2. Unless required by the Loft Board for the legalization of Interim Multiple Dwelling Units in the implementation of Article 7C of the New York State Multiple Dwelling Law, dwelling units or joint living-work quarters for artists described in paragraph (a) and existing on such dates may not be divided subsequently into units or quarters of less than 1,200 square feet.
   
   No building that meets the density requirements of Section 15-111, may subsequently add additional units or quarters except in accordance thereof. No building to which the regulations of this Section have been applied may subsequently add additional units or quarters except in accordance with the requirements of Sections 15-111.
3. In lieu of the stated minimum size, yard, and density requirements of Sections 15-111 and 43-17, the following regulations shall apply:
   1. The minimum size of a dwelling unit or joint living-work quarters for artists may be no less than 415 square feet of floor area, provided that all of the following requirements are met:
      1. the unit or quarters shall contain one or more windows that open onto a street or 30 foot yard;
      2. the area of such required window shall be not less than eight percent of the floor area of the unit or quarters and 50 percent of the area of such required window shall be openable; and
      3. the interior dimension of the wall in which such required window is located shall be no less than 12 feet in width; or
   2. The minimum size of a dwelling unit or joint living-work quarters for artists may be no less than 600 square feet of floor area, provided that all of the following requirements are met:
      1. the unit or quarters shall contain one or more windows that open onto either:
         1. a 10 foot yard, where the window sill of such required window is at least 23 feet above curb level;
         2. a 15 foot yard, where the window sill of such required window is less than 23 feet above curb level;
         3. a court with a minimum dimension of 15 feet perpendicular to such required window and 375 square feet or more in area; or
         4. a street;
      2. the minimum horizontal distance between such required window opening onto a yard and any wall opposite such window on the same or another zoning lot shall be at least 15 feet;
      3. the area of such required window shall be no less than five percent of the floor area of the unit or quarters, and 50 percent of the area of such required window shall be openable;
      4. the interior dimension of the wall in which such required window is located shall be no less than 12 feet in width;
      5. the average width of such unit or quarters shall be no less than 14 feet; and

(vi)    not less than two-thirds of the floor area of the unit or quarters shall have a floor-to-ceiling height of nine feet or more.

The maximum number of dwelling units permitted shall be determined in accordance with the applicable district regulations pursuant to Section 23-50 (DENSITY REGULATIONS), inclusive. Any floor area in excess of the district regulations shall be included in the amount of floor area to be divided by the dwelling unit factor, where applicable.

For the conversion of non-residential floor area to residences, pursuant to Section 74-71 (Landmark Preservation), in C7, C8 and Manufacturing Districts, the maximum number of dwelling units shall be determined by applying the density regulations set forth in Section 23-50 in accordance with the applicable geography.

In addition, the following provisions shall apply:

Dwelling units may be distributed anywhere within a building provided that any portion of a dwelling unit located in a cellar shall also comply with the provisions of Section 15-112 (Light and air provisions).

Mezzanines constructed pursuant to Chapter 26 of the Administrative Code shall be allowed within individual dwelling units provided that the gross area of such mezzanine does not exceed 33 1/3 percent of the floor area contained within such dwelling unit. Such mezzanines are permitted only in buildings with an existing floor area ratio of 12 or less, and only between floors, or between a floor and a roof, existing on January 22, 1998, that are to remain. Such mezzanines shall not be included as floor area for the purpose of calculating the minimum required size of a dwelling unit or for calculating floor area devoted to dwelling units.

The density provisions of this Section may be replaced by the regulations of Section 15-024 (Special bulk regulations for certain pre-existing dwelling units and joint living-work quarters for artists) for dwelling units that are registered Interim Multiple Dwellings or are covered by the New York City Loft Board pursuant to Article 7C of the New York State Multiple Dwelling Law or that the Loft Board determines were occupied for residential use on September 1, 1980.
 

(a)        Spaces other than rooms:

(1)        Mezzanines shall be lit and ventilated in accordance with the provisions of Section 27-732 (Natural light requirements) and Article 6 (Standard of Natural Ventilation) of the New York City Building Code.

(2)        Cellar space is not permitted in dwelling units with three and one-half rooms or fewer, unless such dwelling units contain at least 1,200 square feet of interior floor area.

(3)        Spaces, other than "living rooms," kitchens, bathrooms or mezzanines, with a minimum width of five feet in the narrowest dimension measured perpendicular to a wall enclosing such space, are not permitted in dwelling units with two rooms or fewer, unless such dwelling units contain at least 1,200 square feet of interior floor area.

(b)        Every dwelling unit shall meet the light and air requirements of Section 277 of the Multiple Dwelling Law.

(c)        Width to depth ratio

Where there is more than one dwelling unit per story, the average width of each dwelling unit shall be at least one fourth of the depth. Depth is the farthest point within the dwelling unit from the exterior building wall containing windows used to meet the requirements of paragraph (b) of this Section, measured perpendicular to such building wall.  Width is the distance between exterior dwelling unit walls measured perpendicular to the depth.