Notwithstanding the provisions of Section 15-211, Table I as set forth in this Section may be substituted for Table I in Section 15-211, and Table II in this Section may be substituted for Table II in Section 15-211 governing the amount of floor area to be preserved, provided that such preserved floor area will be occupied by a commercial or manufacturing use that has been in occupancy for two years prior to the application for a certification under the provisions of Section 15-21 or by referenced commercial or manufacturing uses, and subject to the following conditions:

(a)        Where the preserved floor area is occupied by an existing commercial or manufacturing use for two years immediately preceding the date of application for a certification under Section 15-21, or where the preserved floor area is occupied by referenced commercial or manufacturing uses, the landlord shall present a lease, signed by both the landlord and such tenant, and certified as recorded by the Office of the City Register of New York County.

Such lease shall:

(1)        be for a period of not less than three years from the date of application for such certification with provision for two years renewal at the tenant’s option; and

(2)        not be subject to cancellation by the landlord.

(b)        Where the preserved floor area is occupied by any such use for two years immediately preceding the date of application under Section 15-21, and such occupant is the owner of said floor area, the Chairperson of the City Planning Commission shall require that the certificate of occupancy designate the preserved floor area for referenced commercial or manufacturing uses for a period of five years from the date of such certification.

(c)        Where the preserved floor area will be occupied by referenced commercial or manufacturing uses but no such tenant is yet occupying the floor area, the owner shall covenant to preserve such floor area for referenced commercial or manufacturing uses, in the legal commitment required pursuant to Section 15-214.

TABLE I

FOR CONVERSION IN C6-2M OR C6-4M DISTRICTS

REDUCED FLOOR AREA AND FLOORS PRESERVED FOR PERMITTED

COMMERCIAL OR PERMITTED MANUFACTURING USE*

TABLE II

FOR CONVERSION IN M1-5M OR M1-6M DISTRICTS

REDUCED FLOOR AREA AND FLOORS PRESERVED FOR PERMITTED

COMMERCIAL OR PERMITTED MANUFACTURING USE*

*        All requirements for preservation of floor area shall be determined by the entire lot area of the zoning lot, and by the total floor area of the building to be converted, regardless of the amount of floor area being converted within the building.