Definitions specifically applicable to this Chapter are set forth in this Section. The definitions of other defined terms are set forth in Section 12-10 (DEFINITIONS).

Accessory use

In addition to those "accessory uses" listed in Section 12-10 (DEFINITIONS), for the purposes of this Chapter, an accessory use shall also include a dwelling unit in connection with any commercial, manufacturing or community facility establishment permitted in Special Mixed Use Districts, pursuant to Section 123-20 (SPECIAL USE REGULATIONS), provided that no more than one such unit shall be permitted in connection with any establishment, and provided further that each such unit shall not exceed a gross area of 1,200 square feet or contain more than one kitchen.

Home occupation

For the purposes of this Chapter, the home occupation provisions of Section 12-10 shall apply, except that a home occupation may occupy more than 1,000 square feet of floor area and up to three persons not residing in the dwelling unit or rooming unit may be employed.

Mixed use building

For the purposes of this Chapter, a "mixed use building" is a building in the Special Mixed Use District used partly for manufacturing, commercial or community facility use and partly for residential use.

For the purposes of determining the applicability of underlying adjacency regulations to zoning lots adjoining or within close proximity to district boundaries, M1 Districts paired with Residence Districts shall be considered C6 Districts.

In Special Mixed Use Districts, the regulations for M1 Districts are modified as follows:

1. Use Group IV
   
   The provisions of M1 Districts set forth in Section 42-14 (Use Group IV – Public Service Facilities and Infrastructure), inclusive, shall apply, except that for uses listed under Use Group IV(B), the provisions of C7 Districts set forth in Section 32-14 (Use Group IV – Public Service Facilities and Infrastructure), inclusive, shall apply.
2. Use Group VI 
   
   The provisions of M1 Districts set forth in Section 42-16 (Use Group VI – Retail and Services), inclusive, shall apply, except that for uses listed in paragraph (c) of Section 42-163 (Use Group VI – uses subject to additional conditions), the provisions of Section 123-22 (Additional Conditions for Certain Uses) shall apply.
3. Use Group IX
   
   The provisions of M1 Districts set forth in Section 42-19 (Use Group IX – Storage), inclusive, shall apply, except that all uses listed under Use Group IX(B) shall not be permitted. In addition, the storage of substances in quantities required to file a Risk Management Plan for Extremely Hazardous Substances shall be subject to the provisions of Section 123-22 (Additional Conditions for Certain Uses).
4. Use Group X
   
   The provisions of C7 Districts set forth in Section 32-20 (Use Group X – Production Uses), inclusive, shall apply, except that:
   1. the size limitations on the ground floor, as set forth in paragraph (b) of Section 32-202 (Use Group X – uses subject to size limitations) shall not apply; and
   2. the additional conditions of Section 32-203 (Use Group X – additional conditions) shall be superseded by the provisions of Section 123-22 (Additional Conditions for Certain Uses).

The following shall apply to commercial and manufacturing uses subject to the provisions of this Section pursuant to Section 123-21:

1. Performance standards
   
   All 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. 
2. Additional standards for buildings containing residences or certain community facility uses
   
   All 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:
   1. where such commercial or manufacturing use: 
      1. 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
      2. is not required, under the City Right-to-Know Law, to file a Risk Management Plan for Extremely Hazardous Substances; or 
   2. 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.

In Special-Mixed Use Districts the ground floor level streetscape provisions set forth in Section 32-30 (STREETSCAPE REGULATIONS), inclusive, shall apply.

In the event that provisions of this Resolution permit a use by special permit, authorization or certification in both designated M1 and Residence Districts, no more than one special permit, authorization or certification is required to permit any such use in the Special Mixed Use District.

In the event that a provision of this Resolution permits a use by special permit, authorization or certification in either a designated M1 or Residence District and another provision permits such use without a special permit, authorization or certification in the other designated district, no special permit, certification or authorization shall be required in the Special Mixed Use District. In such case, the bulk regulations of the district allowing the use as-of-right shall control.

In Special Mixed Use Districts, in any building or portion of a building occupied by residential uses, commercial or manufacturing uses may be located only on a story below the lowest story occupied by dwelling units, except that this limitation shall not preclude the:

1. extension of a permitted business sign, accessory to such non-residential use, to a maximum height of two feet above the level of a finished floor of the second story, but in no event higher than six inches below the lowest window sill on the second story;
2. location of commercial or manufacturing uses on the same story, or on a story higher than that occupied by dwelling units, in buildings in existence on or prior to December 10, 1997, that are partially converted to residential use pursuant to paragraph (a) of Section 123-67 (Residential Conversion), or were previously so converted pursuant to Article I, Chapter 5 (Residential Conversion Within Existing Buildings); or
3. location of commercial or manufacturing uses on the same story, or on a story higher than that occupied by dwelling units, provided that:  
   1. no access exists between such uses at any level containing dwelling units; and
   2. the environmental requirements set forth in Section 32-423 shall be met where commercial or manufacturing uses are located above any story containing dwelling units.

In Special Mixed Use Districts, all new dwelling units shall be provided with a minimum 35dB(A) of window wall attenuation to maintain an interior noise level of 45dB(A) or less, with windows closed, and shall provide an alternate means of ventilation. However, upon application to the Office of Environmental Remediation (OER) by the owner of the affected building, consistent with its authority under the provisions of Section 11-15 (Environmental Requirements) with respect to (E) designations, OER may modify the requirements of this Section, based upon new information, additional facts or updated standards, as applicable, provided that such modification is equally protective. In such instances, OER shall provide the Department of Buildings with notice of such modification, stating that it does not object to the issuance of a building permit, or temporary or final certificate of occupancy.

In M1 Districts paired with a Residence District, high-intensity uses, as listed in the definition of health and fitness establishments, shall be subject to the enclosure and environmental conditions for C7 Districts set forth in Section 32-16 (Use Group VI – Retail and Services), inclusive.

All buildings or other structures on zoning lots within the Special Mixed Use District shall comply with the bulk regulations of this Chapter.

In Special Mixed Use Districts, the bulk regulations set forth in Article II, Chapter 3, shall apply to all residential uses in a building or other structure, and the bulk regulations set forth in paragraph (a) of Section 24-013 (Special provisions for certain community facility uses) shall apply to buildings, or portions thereof, containing long-term care facilities. The bulk regulations set forth in Article IV, Chapter 3, shall apply to all manufacturing, commercial and other community facility uses in a building or other structure. Exceptions to the applicability of such underlying bulk regulations are set forth in Sections 123-60 through 123-66, inclusive. Where, pursuant to paragraph (a) of Section 24-013, buildings containing long-term care facilities are required to utilize the bulk provisions applicable to affordable independent residences for seniors, the exceptions to the underlying bulk regulations set forth in this Chapter applicable to affordable independent residences for seniors shall also apply to long-term care facilities.

When two or more buildings on a single zoning lot are used in any combination for uses which, if located in a single building, would make it a mixed use building, the regulations set forth in this Section shall apply as if such buildings were a single mixed use building.

The maximum floor area ratio permitted for a community facility use pursuant to Article IV, Chapter 3, shall not apply. In lieu thereof, the maximum floor area ratio permitted for a community facility use shall be the maximum floor area ratio allowed for a community facility use pursuant to the designated Residence District regulations set forth in Section 24-10 (FLOOR AREA AND LOT COVERAGE REGULATIONS), inclusive. Lot coverage requirements shall not apply.

When the designated district is an R7-3 District, the maximum floor area ratio for a community facility use shall be 5.0.

When the designated district is an R9-1 District, the maximum floor area ratio for a community facility use shall be 9.0.

The provisions of this Section shall not apply on waterfront blocks, as defined in Section 62-11. In lieu thereof, the applicable maximum floor area ratio set forth for community facility uses in Section 62-30 (SPECIAL BULK REGULATIONS) through 62-32 (Maximum Floor Area Ratio and Lot Coverage on Waterfront Blocks), inclusive, shall apply.

Where the designated Residence District is an R6, R7, R8 or R9 District, the minimum required open space ratio and maximum floor area ratio provisions of Section 23-151 (Basic regulations for R6 through R9 Districts) shall not apply. In lieu thereof, all residential buildings, regardless of whether they are required to be developed or enlarged pursuant to the Quality Housing Program, shall comply with the maximum floor area ratio and lot coverage requirements set forth for the designated district in Sections 23-153 (For Quality Housing buildings) or 23-155 (Affordable independent residences for seniors), as applicable.

Where the designated district is an R7-3 District, the maximum floor area ratio shall be 5.0 and the maximum lot coverage shall be 70 percent on an interior or through lot and 100 percent on a corner lot.

Where the designated district is an R9-1 District, the maximum floor area ratio shall be 9.0, and the maximum lot coverage shall be 70 percent on an interior or through lot and 100 percent on a corner lot.

The provisions of this Section shall not apply on waterfront blocks, as defined in Section 62-11. In lieu thereof, the applicable maximum floor area ratio and lot coverage requirements set forth for residential uses in Sections 62-30 (SPECIAL BULK REGULATIONS) through 62-32 (Maximum Floor Area Ratio and Lot Coverage on Waterfront Blocks), inclusive, shall apply.

However, in Inclusionary Housing designated areas and Mandatory Inclusionary Housing areas, as listed in the table in this Section, the maximum permitted floor area ratio shall be as set forth in Section 23-154 (Inclusionary Housing). The locations of such districts are specified in APPENDIX F of this Resolution.

For zoning lots containing mixed use buildings, the following provisions shall apply.

(a)        Maximum floor area ratio

(1)        Manufacturing or commercial uses

The maximum floor area ratio permitted for manufacturing or commercial uses shall be the applicable maximum floor area ratio permitted for manufacturing or commercial uses under the provisions of Section 43-12, in accordance with the designated M1 District.

(2)        Community facility uses

The maximum floor area ratio permitted for community facility uses shall be the applicable maximum floor area ratio permitted for community facility uses in Residence Districts under the provisions of Section 24-10 (FLOOR AREA AND LOT COVERAGE REGULATIONS), inclusive, in accordance with the designated Residence District.

(3)        Residential uses

Where the Residence District designation is an R3, R4 or R5 District, the maximum floor area ratio permitted for residential uses shall be the applicable maximum floor area ratio permitted for residential uses under the provisions of Section 23-14, inclusive, in accordance with the designated Residence District.

Where the Residence District designation is an R6, R7, R8, R9 or R10 District, the maximum floor area ratio permitted for residential uses shall be the applicable maximum floor area ratio permitted for residential uses under the provisions of Section 123-63, in accordance with the designated Residence District.

(4)        Maximum floor area in mixed use buildings

The maximum total floor area in a mixed use building shall be the maximum floor area permitted for either the commercial, manufacturing, community facility or residential use, as set forth in this Section, whichever permits the greatest amount of floor area.

However, in Inclusionary Housing designated areas, except within Waterfront Access Plan BK-1, the maximum floor area ratio permitted for zoning lots containing residential and commercial, community facility or manufacturing uses shall be the base floor area ratio set forth in Section 23-154 (Inclusionary Housing) for the applicable district. Such base floor area ratio may be increased to the maximum floor area ratio set forth in such Section only through the provision of affordable housing, pursuant to Section 23-90, inclusive.

(b)        Lot coverage requirements

Lot coverage requirements shall not apply.

The height of all buildings or other structures in Special Mixed Use Districts shall be measured from the base plane.

In Special Mixed Use Districts where the designated Residence District is an R3, R4 or R5 District, the provisions of Section 123-661 (Mixed use buildings in Special Mixed Use Districts with R3, R4 or R5 District designations) shall apply. On waterfront blocks, as defined in Section 62-11, where the designated Residence District is R3, R4 or R5, the height and setback regulations of Section 62-34, inclusive, shall apply to buildings and other structures, except that for mixed use buildings, the height and setback regulations set forth in Section 123-661 shall apply.

In Special Mixed Use Districts where the designated Residence District is an R6 through R10 District, the provisions of Section 123-662 (All buildings in Special Mixed Use Districts with R6, R7, R8, R9 and R10 District designations) shall apply. However, in certain zoning districts in certain Special Mixed Use Districts, such provisions are modified by the special rules of Section 123-663 (Special rules for certain districts in certain Special Mixed Use Districts).

However, for M1 Districts with an A suffix paired with a Residence District, the applicable height and setback regulations shall be whichever regulations permit the tallest overall heights between the applicable Manufacturing District regulations set forth in Section 43-46, or the applicable Residence District regulations set forth in this Section, inclusive, depending on the particular M1 District and Residence District pairing.

For any zoning lot located in a Historic District designated by the Landmarks Preservation Commission, the minimum base height of a street wall may vary between the height of the street wall of an adjacent building before setback, if such height is lower than the minimum base height required, up to the minimum base height requirements of this Chapter.

(a)        The provisions of Article I, Chapter 5 (Residential Conversion Within Existing Buildings) shall not apply in Special Mixed Use Districts, except as expressly set forth herein.

In Special Mixed Use Districts, in any community district in the City, the conversion to residences of non-residential portions of buildings, in existence on or prior to December 10, 1997, shall be permitted subject to Sections 15-11, 15-12 and 15-30, paragraph (b).

Uses in buildings in existence on or prior to December 10, 1997, containing both residential and non-residential uses, shall not be subject to the provisions of Section 123-31 (Provisions Regulating Location of Uses in Mixed Use Buildings).

For the purposes of applying paragraph (a) of Section 15-111 to Special Mixed Use Districts where the designated Residence District is an R3 District, the minimum floor area per dwelling unit applicable to R4 Districts shall apply.

(b)        The conversion to residences of non-residential portions of buildings constructed after December 10, 1997, shall comply with the special bulk regulations of this Chapter for new residential development.

For manufacturing and commercial uses, the accessory off-street parking and loading regulations of the designated M1 District, as set forth in Article IV, Chapter 4 (Accessory Off-street Parking and Loading Regulations), shall apply.

For residences and community facility uses, the accessory off-street parking and loading regulations of the designated Residence District, as set forth in Article II, Chapter 5, shall apply, except that:

(a)        the provisions of Section 25-50 (RESTRICTIONS ON LOCATION OF ACCESSORY OFF-STREET PARKING SPACES) shall not apply. In lieu thereof, the provisions of Section 44-30 (RESTRICTIONS ON LOCATION AND USE OF ACCESSORY OFF-STREET PARKING SPACES) shall apply to such uses; and

(b)        for buildings containing residences in Special Mixed Use Districts, in addition to the applicable accessory off-street parking and loading regulations set forth in Article II, Chapter 5, the provisions of Sections 44-46 (Accessory Off-street Parking Spaces in Public Parking Garages), 44-47 (Parking Lot Maneuverability and Curb Cut Regulations) and 44-48 (Parking Lot Landscaping) shall apply.

For uses on waterfront blocks, as defined in Section 62-11, the special accessory off-street parking and loading regulations set forth in Section 62-40, inclusive, shall apply. When any use is permitted in both the designated Residence District and the designated M1 District, the accessory off-street parking and loading requirements applicable to the designated M1 District shall apply to such use.

In Special Mixed Use Districts, the provisions of Section 26-42 (Planting Strips) shall not apply.