The Manufacturing Districts established in this Resolution are designed to promote and protect public health, safety, and general welfare. These general goals include, among others, the following specific purposes:

(a)        To provide sufficient space, in appropriate locations, to meet the needs of the City's expected future economy for all types of manufacturing and related activities, with due allowance for the need for a choice of sites.

(b)        To provide, as far as possible, that such space will be available for use for manufacturing and related activities, and to protect residences by separating them from manufacturing activities and by generally prohibiting the use of such space for new residential development.

(c)        To encourage manufacturing development which is free from danger of fire, explosions, toxic and noxious matter, radiation, and other hazards, and from offensive noise, vibration, smoke, dust and other particulate matter, odorous matter, heat, humidity, glare, and other objectionable influences, by permitting such development in areas where this Resolution restricts the emission of such nuisances, without regard to the industrial products and processes involved.

(d)        To protect adjacent residential and commercial areas, and to protect the labor force in other establishments engaged in less offensive types of manufacturing and related activities, by restricting those manufacturing activities which involve danger of fire, explosions, toxic and noxious matter, radiation and other hazards, or create offensive noise, vibration, smoke and other particulate matter, odorous matter, heat, humidity, glare, and other objectionable influences, to those limited areas which are appropriate therefor.

(e)        To protect manufacturing and related development against congestion, as far as is possible and appropriate in each area, by limiting the bulk of buildings in relation to the land around them and to one another, and by providing space off public streets for parking and loading facilities associated with such activities.

(f)        To protect the character of certain designated areas of historic and architectural interest, where the scale of building development is important, by limitations on the height of buildings.

(g)        To protect light manufacturing and to encourage stability and growth in appropriate mixed-use areas by permitting light manufacturing and controlled residential uses to co-exist where such uses are deemed compatible.

(h)        To promote the most desirable use of land and direction of building development in accord with a well-considered plan, to promote stability of manufacturing and related development, to strengthen the economic base of the City, to protect the character of the district and its peculiar suitability for particular uses, to conserve the value of land and buildings, and to protect the City's tax revenues.

In order to carry out the purposes and provisions of this Resolution, the uses within buildings or other structures as well as the open uses of zoning lots, or portions thereof, have been classified and combined into 10 separate Use Groups with similar characteristics. For the purposes of establishing permitted uses in this Resolution, references to permitted uses in the Use Groups, or any sub-categories therein, shall include all accessory uses thereto. Use Groups I, II, III, IV, V, VI, VII, VIII, IX and X, are permitted in Manufacturing Districts subject to the provisions of the following Sections:

1. Sections 42-11 (Use Group I – Agriculture and Open Uses) through 42-20 (Use Group X – Production Uses) establish general use allowances in Use Groups I through X, including each use listed separately therein, by Manufacturing District, and additional provisions for certain uses, where applicable.
2. Section 42-30 (SPECIAL PROVISIONS APPLICABLE TO CERTAIN AREAS AND DISTRICTS) sets forth special provisions applicable to certain Manufacturing Districts, including:
   1. M1-1D, M1-2D, M1-3D, M1-4D and M1-5D Districts, as set forth in Section 42-311 (Residential uses in M1-1D through M1-5D Districts);
   2. M1-6D Districts, as set forth in Section 42-312 (Use regulations in M1-6D Districts);
   3. M1-5M and M1-6M Districts, as set forth in Section 42-313 (Use regulations in M1-5M and M1-6M Districts);
   4. M1-1, M1-5 and M1-6 Districts in certain areas, as set forth in Section 42-314 (Use regulations in certain M1-1, M1-5 and M1-6 Districts);
   5. M1-5B Districts, as set forth in Section 42-315 (Use regulations in M1-5B Districts); and
   6. Manufacturing Districts with an A suffix, as set forth in Section 42-326 (Use regulations in Manufacturing Districts with an A suffix).
3. Section 42-40 (PERFORMANCE STANDARDS) establishes performance standards that are applicable to certain uses listed in Use Groups I, IV, VI, VIII, IX and X.
4. Section 42-50 (SUPPLEMENTARY USE REGULATIONS) sets forth supplementary use regulations and special provisions applying along district boundaries, including:
   1. enclosure of commercial or manufacturing activities, as set forth in Section 42-51;
   2. enclosure or screening of storage, as set forth in Section 42-52; and
   3. limitations on business entrances, show windows or signs, as set forth in Section 42-53.
5. Section 42-60 (SIGN REGULATIONS), inclusive, sets forth regulations for permitted signs.

The use provisions of this Chapter may be modified or superseded by special rules for certain areas in Article I (General Provisions), Article VI (Special Regulations Applicable to Certain Areas), and through Special Purpose Districts.

The provisions of Sections 42-11 (Use Group I – Agriculture and Open Uses) through 42-20 (Use Group X – Production Uses), inclusive, establish use allowances by Use Group. A brief statement is inserted at the start of each Section to describe and clarify the basic characteristics of that Use Group. For Use Groups I, and III through X, use allowances by zoning district are summarized in Use Group tables. For each use and zoning district, the tables contain up to two levels of notation in a particular cell:

1. The top level will always contain a symbol and denotes:
   1. permitted as-of-right (“●”);
   2. permitted as-of-right in some instances, but with broad use limitations on as-of-right applicability, either by district or geographic restrictions (“♦”);
   3. allowed by special permit (“○”) of the Board of Standards and Appeals or the City Planning Commission; or
   4. not permitted in the district (“–”).
2. The second level may or may not be present, depending on the use and the zoning district. Where present, the table denotes one or more allowances or restrictions on the as-of-right use. Specifically, they denote where the following apply:
   1. size restrictions (“S”), including establishment or lot area size limitations or person capacities;
   2. additional conditions (“P”), including environmental standards or other measures other than size restrictions or open use regulations; or
   3. open use allowances (“U”), including exemptions from enclosure rules and additional open use regulations. Such allowances may be supplemented or superseded by the provisions of Section 42-50 (SUPPLEMENTARY USE REGULATIONS), inclusive. 

Such notations are illustrated in the following diagram:

Where a use is permitted and no second level symbology is included, the use is permitted without size restrictions, additional conditions or open use allowances. However, all uses, where applicable, are subject to the provisions of Sections 42-30 (SPECIAL PROVISIONS APPLICABLE TO CERTAIN AREAS AND DISTRICTS), 42-40 (PERFORMANCE STANDARDS), and 42-50 (SUPPLEMENTARY USE REGULATIONS).

Use Group tables also show the parking requirement category, denoted as “PRC”, for the applicable use, where applicable. PRC letters A through G refer to the classification of commercial uses and manufacturing uses to determine required accessory off-street parking spaces as set forth in the table in Section 44-21 (General Provisions). Subcategories within, denoted by number suffices, indicate variations of the same parking category. Where the PRC for a use is denoted as “N/A”, no parking requirement applies except as specified in other provisions of this Resolution.

Subsections following the table for a particular Use Group contain specific provisions applicable to certain uses, including size restrictions, additional conditions, or permission for unenclosed uses. Other subsections contain references for uses permitted by special permits of the Board of Standards and Appeals or the City Planning Commission, or provisions for uses where two PRCs are assigned.

The following diagram provides an illustrative example of how such provisions are notated across zoning districts for a given use:

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Use Group X consists of uses engaged in the mechanical, physical, or chemical transformation of materials into new goods. The provisions regulating uses classified in this Use Group are set forth as follows:

1. Section 42-201 (Use Group X – general use allowances) which includes the compilation of uses in the Use Group table; and
2. Section 42-202 (Use Group X – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group table.

The provisions of Section 42-202, except as otherwise specified in such Sections, may be modified by special permit of the Board of Standards and Appeals, in accordance with Section 73-211 (Production uses), or by special permit of the City Planning Commission, in accordance with Section 74-211 (Production uses). 

In all Manufacturing Districts, after December 15, 1961, any use thereafter established or changed to a use listed in Use Group I, IV, VI, VIII, IX or X, and every building or other structure or open area of a zoning lot thereafter developed, constructed, or used for any use listed in Use Group I, IV, VI, VIII, IX or X, shall comply with each and every performance standard governing noise, vibration, smoke and other particulate matter, odorous matter, toxic or noxious matter, radiation hazards, fire and explosive hazards, humidity, heat or glare applicable to the district in which such use, building or other structure or open area is located.

If any existing use or building or other structure is extended, enlarged or reconstructed after December 15, 1961, the applicable district regulations for each and every performance standard shall apply with respect to such extended, enlarged, or reconstructed portion or portions of such use or building or other structure.

In case of any conflict between the Use Groups and the performance standards, the latter shall control.

In case of any conflict between the performance standards and the rules and regulations adopted by the Department of Environmental Protection, the more restrictive shall apply.

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In all districts, as indicated, open areas shall be provided in accordance with the provisions of this Section along the boundaries of Residence Districts, except where such district boundaries are also the boundaries of railroad rights-of-way or cemeteries.

In M1-1D through M1-5D Districts, where residential uses are permitted pursuant to Article IV, Chapter 2, the bulk regulations of a C2 District mapped within an R5 District shall apply.

The following regulations on permitted and required accessory off-street loading berths are adopted in order to provide needed space off public streets for loading and unloading activities, to restrict the use of the streets for such activities, to help relieve traffic congestion in manufacturing and industrial areas within the City, and thus to promote and protect public health, safety, and general welfare.

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In all districts, as indicated, the provisions of Section 36-70 (BICYCLE PARKING), inclusive, shall apply to all permitted commercial and residential uses. In addition, for manufacturing uses, accessory bicycle parking spaces shall be excluded from the definition of floor area, provided that:

(a)        the space excluded from floor area does not exceed an amount equal to 15 square feet multiplied by one bicycle parking space per 10,000 square feet of floor area; and

(b)        the accessory bicycle parking spaces provided meet the standards for accessory bicycle parking of Section 36-73 (Restrictions on Operation, Size and Location of Bicycle Parking Spaces);

However, in no event shall accessory bicycle parking spaces be excluded from the calculation of floor area in the case of single- or two-family residences or in the case of accessory bicycle parking spaces provided off-site pursuant to Section 36-74 (Off-site Bicycle Parking Spaces).

Space provided for accessory bicycle parking spaces within an accessory group parking facility shall not be counted as floor area provided that such portion of the accessory group parking facility does not count as floor area.

The number of accessory bicycle parking spaces provided pursuant to this Section, the total area, in square feet, of bicycle parking spaces and the total area, in square feet, excluded from the calculation of floor area for such spaces shall be noted on the certificate of occupancy.

These districts are designed for a wide range of manufacturing and related uses which can conform to a high level of performance standards. Manufacturing establishments of this type, within completely enclosed buildings, provide a buffer between Residence (or Commercial) Districts and other industrial uses which involve more objectionable influences. New residences are excluded from these districts, except for:

(a)        joint living-work quarters for artists in M1-5B Districts;

(b)        dwelling units in M1-5M and M1-6M Districts;

(c)        dwelling units in M1-1D, M1-2D, M1-3D, M1-4D and M1-5D Districts, where authorized by the City Planning Commission, both to protect residences from an undesirable environment and to ensure the reservation of adequate areas for industrial development; and

(d)        dwelling units in M1-6D Districts.

These districts are designed for manufacturing and related activities which can meet a medium level of performance standards. Enclosure of such activities is not normally required except in areas along the boundary of a Residence District. No new residences are permitted.

These districts are designed to accommodate the essential heavy industrial uses which involve more objectionable influences and hazards, and which, therefore, cannot reasonably be expected to conform to those performance standards which are appropriate for most other types of industrial development. No new residences or community facilities are permitted.

In addition to the applicable regulations for the uses listed in a permitted Use Group, adult establishments shall be subject to the following provisions:

(a)        Adult establishments are not permitted in a Manufacturing District in which residences or joint living-work quarters for artists are allowed as-of-right or by special permit or authorization. No provisions or findings of such special permit or authorization which require an assessment of the impact of new residences or new joint living-work quarters for artists on commercial or manufacturing uses within a Manufacturing District shall be construed as a limitation on the scope of this provision.

(b)        In all other Manufacturing Districts, no adult establishment shall be established less than 500 feet from a house of worship, a school, a Residence District, a C1, C2, C3, C4, C5-1, C6-1, C6-2 or C6-3 District, or a Manufacturing District, other than an M1-6M District, in which new residences or new joint living-work quarters for artists are allowed as-of-right or by special permit or authorization. No provisions or findings of such special permit or authorization which require an assessment of the impact of new residences or new joint living-work quarters for artists on commercial or manufacturing uses within a Manufacturing District shall be construed as a limitation on the scope of this provision. However, on or after October 25, 1995, an adult establishment that otherwise complies with the provisions of this paragraph shall not be rendered non-conforming if a house of worship or a school is established on or after April 10, 1995, within 500 feet of such adult establishment.

(c)        No adult establishment shall be established less than 500 feet from another adult establishment.

(d)        No more than one adult establishment permitted under this Section shall be established on a zoning lot.

(e)        Adult establishments shall not exceed, in total, 10,000 square feet of floor area and cellar space not used for enclosed storage or mechanical equipment.

(f)        Adult establishments which were established on October 25, 1995, and conform to all provisions of the Zoning Resolution relating to adult establishments other than the provisions of all or any combination of paragraphs (c), (d) and (e) of this Section, shall not be subject to the provisions of Section 52-77 (Termination of Adult Establishments).

For purposes of this Section, an adult establishment shall be established upon the date of a permit issued by the Department of Buildings therefor, or, in the case of an adult establishment in existence prior to August 8, 2001, as determined by the Department of Buildings, subject to rules as the Department of Buildings may prescribe regarding the failure to perform work authorized under a permit or to commence operation pursuant to a permit and the discontinuance of an adult establishment.

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Use Group I consists of various primarily open uses of land. The provisions regulating uses classified in this Use Group are set forth in the following Sections as follows:

1. Section 42-111 (Use Group I – general use allowances) which includes the compilation of uses in the Use Group table;
2. Section 42-112 (Use Group I – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group table;
3. Section 42-113 (Use Group I – uses subject to open use allowances) for open use allowances that apply to certain uses, as denoted with a “U” in the Use Group table;
4. Section 42-114 (Use Group I – uses permitted by special permit) for uses permitted only by special permit by the Board of Standards and Appeals, as denoted with “○” in the Use Group table; and
5. Section 42-115 (Use Group I – additional provisions for parking requirement category) for uses with more than one parking requirement category or other applicable parking provisions, as denoted with “*” in the Use Group table.

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Use Group II consists of residences of various types. In Manufacturing Districts, residences shall be allowed as follows:

1. In M1-1D, M1-2D, M1-3D, M1-4D and M1-5D Districts, in accordance with Section 42-311 (Residential uses in M1-1D through M1-5D Districts);
2. In M1-6D Districts, in accordance with Section 42-312 (Use regulations in M1-6D Districts);
3. In M1-5M and M1-6M Districts, in accordance with Section 42-313 (Use regulations in M1-5M and M1-6M Districts); and
4. In certain M1-1, M1-5 and M1-6 Districts, in accordance with Section 42-314 (Use regulations in certain M1-1, M1-5 and M1-6 Districts).

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Use Group III consists of uses that provide educational, religious, health and other essential services. The provisions regulating uses classified in this Use Group are set forth as follows:

1. Section 42-131 (Use Group III – general use allowances) which includes the compilation of uses in the Use Group tables;
2. Section 42-132 (Use Group III – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group tables;
3. Section 42-133 (Use Group III – uses permitted by special permit) for uses permitted by special permit of the Board of Standards and Appeals or the City Planning Commission, as denoted with “○” in the Use Group tables; and
4. Section 42-134 (Use Group III – additional provisions for parking requirement category) for uses with more than one parking requirement category or other applicable parking provisions, as denoted with “*” in the Use Group tables.

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Use Group IV consists of uses that provide public services, including public safety buildings, and infrastructure. The provisions regulating uses classified in this Use Group are set forth as follows:

1. Section 42-141 (Use Group IV – general use allowances) which includes the compilation of uses in the Use Group tables;
2. Section 42-142 (Use Group IV – uses subject to size restrictions) for size restrictions that apply to certain uses, as denoted with a “S” in the Use Group tables;
3. Section 42-143 (Use Group IV – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group tables;
4. Section 42-144 (Use Group IV – uses subject to open use allowances) for open use allowances that apply to certain uses, as denoted with a “U” in the Use Group tables; and
5. Section 42-145 (Use Group IV – uses permitted by special permit) for uses permitted by special permit of the Board of Standards and Appeals or the City Planning Commission, as denoted with “○” in the Use Group tables.

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Use Group V consists of uses for transient occupancy of various types. The provisions regulating uses classified in this Use Group are set forth as follows:

1. Section 42-151 (Use Group V – general use allowances) which includes the compilation of uses in the Use Group table;
2. Section 42-152 (Use Group V – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group table;
3. Section 42-153 (Use Group V – uses subject to open use allowances), for open use allowances that apply to certain uses, as denoted with a “U” in the Use Group table; and
4. Section 42-154 (Use Group V – additional provisions for parking requirement category) for uses with more than one parking requirement category or other applicable parking provisions, as denoted with “*” in the Use Group table.
   

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Use Group VI consists of uses where goods or services are conveyed directly to consumers. The provisions regulating uses classified in this Use Group are set forth as follows:

1. Section 42-161 (Use Group VI – general use allowances) which includes the compilation of uses in the Use Group tables;
2. Section 42-162 (Use Group VI – uses subject to size restrictions) for size restrictions that apply to certain uses, as denoted with an “S” in the Use Group tables;
3. Section 42-163 (Use Group VI – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group tables;
4. Section 42-164 (Use Group VI – uses subject to open use allowances) for open use allowances that apply to certain uses, as denoted with a “U” in the Use Group tables; and
5. Section 42-165 (Use Group VI – additional provisions for parking requirement category) for uses with more than one parking requirement category or other applicable parking provisions, as denoted with “*” in the Use Group tables. 

The provisions of Sections 42-162, 42-163 and 42-164, except as otherwise specified, may be modified by special permit of the Board of Standards and Appeals, in accordance with Section 73-161 (Retail and service uses), or by special permit of the City Planning Commission, in accordance with Section 74-161 (Retail and service uses).

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Use Group VII consists of uses that provide administrative and research workspaces for business, professional or governmental purposes. The provisions regulating uses classified in this Use Group, by Manufacturing District are set forth in the table below. Notations found in the table are further described in Section 42-10 (USE ALLOWANCES).

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Use Group VIII consists of uses that provide recreation and entertainment opportunities, as well as other places of assembly. The provisions regulating uses classified in this Use Group are set forth as follows:

1. Section 42-181 (Use Group VIII – general use allowances) which includes the compilation of uses in the Use Group table;
2. Section 42-182 (Use Group VIII – uses subject to size restrictions) for size restrictions that apply to certain uses, as denoted with an “S” in the Use Group table;
3. Section 42-183 (Use Group VIII – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group table;
4. Section 42-184 (Use Group VIII – uses subject to open use allowances) for open use allowances that apply to certain uses, as denoted with a “U” in the Use Group table;
5. Section 42-185 (Use Group VIII – uses permitted by special permit) for uses permitted by special permit of the City Planning Commission, as denoted with “○” in the Use Group table; and
6. Section 42-186 (Use Group VIII – additional provisions for parking requirement category) for uses with more than one parking requirement category or other applicable parking provisions, as denoted with “*” in the Use Group table.

The provisions of Sections 42-182, 42-183 and 42-184, except as otherwise specified, may be modified by special permit of the Board of Standards and Appeals, in accordance with Section 73-181 (Recreation, entertainment and assembly space uses), or by special permit of the City Planning Commission, in accordance with Section 74-181 (Recreation, entertainment and assembly space uses). 

Use Group IX consists of uses that provide storage for materials, goods, and vehicles. The provisions regulating uses classified in this Use Group are set forth as follows:

1. Section 42-191 (Use Group IX – general use allowances) which includes the compilation of uses in the Use Group tables;
2. Section 42-192 (Use Group IX – uses permitted with limited applicability) for additional limitations on applicability for certain uses, as denoted with “♦” in the Use Group tables;
3. Section 42-193 (Use Group IX – uses subject to additional conditions) for additional conditions that apply to certain uses, as denoted with a “P” in the Use Group tables; and
4. Section 42-194 (Use Group IX – uses subject to open use allowances) for open use allowances that apply to certain uses, as denoted with a “U” in the Use Group tables.
   

The following table includes uses classified as Use Group X and sets forth their allowances by Manufacturing District. Notations found in the table are further described in Section 42-10 (USE ALLOWANCES).

Included in the use table, for reference purposes only, are the three-digit subsector categories from the manufacturing sector (sectors 31-33) of the 2022 North American Industry Classification System (NAICS). For each use under the three-digit subsector categories in manufacturing, the four-digit industry group, five-digit NAICS industry or six-digit U.S. detail code is referenced. However, where such four-digit, five-digit or six-digit categories are not referenced after a use, the specified use is not a specific NAICS industry sector category or includes a group of existing categories.

For uses denoted with a “P” in Section 42-201 (Use Group X – general use allowances), the provisions of this Section shall apply. Permitted uses in all Manufacturing Districts shall conform to the performance standards set forth in Sections 42-40 (PERFORMANCE STANDARDS) through 42-48 (Performance Standards Regulating Humidity, Heat or Glare), inclusive. However, beverage manufacturing establishments shall not be subject to the provisions of Section 42-47 (Performance Standards Regulating Fire and Explosive Hazards).

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In all districts, as indicated, all commercial or manufacturing activities established by development, enlargement, extension or change of use, except storage of materials or products, shall be subject to the provisions of this Section with respect to enclosure, except as otherwise specifically provided in the Use Groups permitted in the district, and in Sections 44-11 (General Provisions) and 44-51 (Permitted Accessory Off-street Loading Berths). With respect to the enlargement or extension of an existing use, such provisions shall apply to the enlarged or extended portion of such use. The storage of materials or products shall be subject to the provisions of Section 42-52 (Enclosure of Screening or Storage).

Accessory uses may be open or enclosed, notwithstanding any limitations on the principal use, provided that any open accessory uses are customarily found in connection with such principal use.

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In all districts, as indicated, all storage of materials or products established by development, enlargement, extension, change of use, or any new open storage or any increase in the portion of a zoning lot used for open storage, shall conform to the provisions of this Section. In addition, new accessory open storage or any increase in the portion of a zoning lot used for accessory open storage shall conform to the provisions of this Section.

With respect to the enlargement or extension of existing storage of materials or products, such provisions shall apply to the enlarged or extended portion of such storage.

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In all districts, as indicated, the location of primary business entrances, show windows, or signs shall be subject to the provisions of this Section. For the purposes of this Section, a lot of record or a group of contiguous lots of record held in single ownership or control at December 15, 1961, or any applicable amendment thereto, shall be considered a single zoning lot, regardless of any subsequent subdivision.

For the purposes of this Section, a corner lot shall include the entire zoning lot, notwithstanding the 100 foot limitation in the definition of corner lots in Section 12-10 (DEFINITIONS). All other zoning lots shall be considered zoning lots with single frontage.

The provisions of this Section shall not apply to:

(a)        vehicular entrances or exits for permitted drive-in uses or automotive service establishments or for permitted or required accessory off-street parking spaces or loading berths;

(b)        service entrances, or other entrances less than 3 feet, 6 inches in width;

(c)        windows other than show windows; or

(d)        ventilators, fire escapes or other appurtenances required by law.

Words in italics are defined in Section 12-10 or, if applicable exclusively to this Chapter, in this Section.

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In all districts, as indicated, signs are permitted subject to the provisions of the following Sections:

Section 42-63 (Surface Area and Illumination Provisions)

Section 42-64 (Permitted Projection or Height of Signs)

Section 42-65 (Additional Regulations for Signs Near Certain Parks and Designated Arterial Highways)

Section 42-66 (Special Provisions Applying Along District Boundaries)

Section 42-67 (Additional Sign Regulations for Adult Establishments)

Section 42-68 (Signs Erected Prior to December 13, 2000).

However, notwithstanding any provision of this Section, flags, banners or pennants other than those that are advertising signs, located on any zoning lot used primarily for community facility uses of a civic, philanthropic, educational or religious nature, are permitted in all districts, as indicated, without limitation.

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In all districts, as indicated, all permitted signs shall be subject to the restrictions on surface area and illumination as set forth in this Section, provided that the following signs shall be exempted from such restrictions on surface area:

Illuminated non-flashing signs, other than advertising signs, located in a window within a building, with a total surface area not exceeding eight square feet on any zoning lot and limited to not more than three such signs in any window.

For the purpose of determining permitted surface area of signs for zoning lots occupied by more than one establishment, any portion of such zoning lot occupied by a building or part of a building accommodating one or more establishments on the ground floor may be considered as a separate zoning lot.

No illuminated sign shall have a degree or method of illumination that exceeds standards established by the Department of Buildings by rule pursuant to the City Administrative Procedure Act. Such standards shall ensure that illumination on any illuminated sign does not project or reflect on residences or joint living-work quarters for artists so as to interfere with the reasonable use and enjoyment thereof. Nothing herein shall be construed to authorize a sign with indirect illumination to arrange an external artificial source of illumination so that direct rays of light are projected from such artificial source into residences or joint living-work quarters for artists.

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In all districts, as indicated, all permitted signs are subject to the applicable regulations of this Section, inclusive.

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In all districts, as indicated, the provisions of paragraphs (a), (b) and (c), or paragraph (d), of this Section, shall apply for signs near designated arterial highways or certain public parks.

(a)        Within 200 feet of an arterial highway or a public park with an area of one-half acre or more, signs that are within view of such arterial highway or public park shall be subject to the following provisions:

(1)        no permitted sign shall exceed 500 square feet of surface area; and

(2)        no advertising sign shall be allowed; nor shall an existing advertising sign be structurally altered, relocated or reconstructed.

(b)        Beyond 200 feet from such arterial highway or public park, the surface area of such signs may be increased one square foot for each linear foot such sign is located from the arterial highway or public park.

(c)        The more restrictive of the following shall apply:

(1)        any advertising sign erected, structurally altered, relocated or reconstructed prior to June 1, 1968, within 660 feet of the nearest edge of the right-of-way of an arterial highway, whose message is visible from such arterial highway, shall have legal non-conforming use status pursuant to Section 52-83 (Non-conforming Advertising Signs), to the extent of its size existing on May 31, 1968; or

(2)        any advertising sign erected, structurally altered, relocated or reconstructed between June 1, 1968, and November 1, 1979, within 660 feet of the nearest edge of the right-of-way of an arterial highway, whose message is visible from such arterial highway, and whose size does not exceed 1,200 square feet in surface area on its face, 30 feet in height and 60 feet in length, shall have legal non-conforming use status pursuant to Section 52-83, to the extent of its size existing on November 1, 1979. All advertising signs not in conformance with the standards set forth herein shall terminate.

(d)        Within one-half mile of any boundary of the City of New York, permitted signs and advertising signs may be located along any designated arterial highway that is also:

(1)        a "principal route" or "toll crossing" that prohibits direct vehicular access to abutting land and provides complete separation of conflicting traffic flows; and

(2)        a through truck route designated by the New York City Department of Transportation; and

(3)        that crosses a boundary of the City of New York, without regard to the provisions of paragraphs (a), (b) and (c) of this Section, provided any such permitted or advertising sign otherwise conforms to the regulations of this Chapter including, with respect to an advertising sign, a location not less than 500 feet from any other advertising sign, except that, in the case of any such permitted or advertising sign erected prior to August 7, 2000, such sign shall have non-conforming use status pursuant to Sections 52-82 (Non-conforming Signs Other Than Advertising Signs) and 52-83 with respect to all other regulations of this Chapter to the extent of the degree of non-conformity of such sign as of August 7, 2000, including, with respect to an advertising sign, its location within 500 feet of any other such advertising sign.

Upon application, the requirements of paragraphs (a), (b) and (c) of this Section shall be waived, provided that the Chairperson of the City Planning Commission certifies that such waiver is limited to a single non-flashing sign other than an advertising sign, located on a zoning lot not less than one and one-half acres and, all other permitted signs, other than advertising signs located on such zoning lot, that are subject to the provisions of this Section, conform with all the sign regulations applicable in C1 Districts.

For the purposes of this Section, arterial highways shall include all highways that are shown on the Master Plan of Arterial Highways and Major Streets as "principal routes," "parkways" or "toll crossings," and that have been designated by the City Planning Commission as arterial highways to which the provisions of this Section shall apply.

M1 M2 M3

In all districts, as indicated, all permitted signs, other than advertising signs, for adult establishments shall conform with the provisions of this Chapter, except that the maximum surface area of all signs, other than advertising signs, for adult establishments shall not exceed, in the aggregate, three times the street frontage of the zoning lot, but in no event more than 150 square feet per establishment, of which no more than 50 square feet may be illuminated and no portion thereof may be flashing.

No signs for adult establishments shall be permitted on the roof of any building, nor shall such signs extend above curb level at a height greater than 25 feet.

M1 M2 M3

In all districts, as indicated, a sign erected prior to December 13, 2000, shall have non-conforming use status pursuant to Sections 52-82 (Non-conforming Signs Other Than Advertising Signs) or 52-83 (Non-conforming Advertising Signs) with respect to the extent of the degree of non-conformity of such sign as of such date with the provisions of Sections 42-52, 42-53 and 42-54, where such sign shall have been issued a permit by the Department of Buildings on or before such date. In all such districts, as indicated, a sign other than an advertising sign erected prior to December 13, 2000, shall also have non-conforming use status pursuant to Section 52-82 with respect to the degree of non-conformity of such sign as of such date with the provisions of Section 42-55, paragraphs (a)(1) and (b), where such sign shall have been issued a permit by the Department of Buildings on or before such date. Nothing herein shall be construed to confer non-conforming use status upon any advertising sign located within 200 feet of an arterial highway or of a public park with an area of one-half acre or more, and within view of such arterial highway or public park, or where such advertising sign is located at a distance from an arterial highway or public park with an area of one-half acre or more which is greater in linear feet than there are square feet of surface area on the face of such sign, contrary to the requirements of Section 42-55, paragraph (b). The non-conforming use status of signs subject to Section 42-55, paragraphs (c)(1), (c)(2) and (d), shall remain unaffected by this provision.

For the purposes of this Section, arterial highways shall include all highways that are shown on the Master Plan of Arterial Highways and Major Streets as "principal routes," "parkways" or "toll crossings," and that have been designated by the City Planning Commission as arterial highways to which the provisions of this Section shall apply.

In M1-6D Districts, signs are permitted subject to the sign regulations applicable in C6-4 Districts, as set forth in Section 32-60, inclusive.

The bulk regulations of this Chapter apply to any building or other structure on any zoning lot or portion of a zoning lot located in any Manufacturing District. The bulk regulations of this Chapter shall also apply to any portion of a zoning lot in a Manufacturing District that is developed or enlarged with an open use. In addition, the bulk regulations of this Chapter or of specified Sections thereof also apply in other provisions of this Resolution where they are incorporated by cross reference.

The conversion of non-residential floor area to residences shall be subject to the provisions of Article I, Chapter 5 (Residential Conversion Within Existing Buildings), unless such conversions meet the requirements for residential developments of Article II (Residence District Regulations).

Existing buildings or other structures that are non-complying buildings or other structures or existing buildings where an enlargement, conversion, extension, change of use or other alternation would create a non-compliance with the applicable bulk regulations are subject to the regulations set forth in Article V, Chapter 4.

Special regulations applying in certain areas are set forth in Article VI, inclusive.

Special permits that may be granted by the Board of Standards and Appeals are set forth in Article VII, Chapter 3. Special permits and authorizations that may be granted by the City Planning Commission are set forth in Article VII, Chapters 4 and 5, respectively.

Special regulations applying to large-scale residential developments or large-scale community facility developments are set forth in Article VII, Chapters 8 or 9, respectively. Special regulations applying to large-scale general developments are set forth in Section 74-74.

Any development or enlargement that occurs on or over a railroad right-of-way, or the inclusion of a railroad right-of-way in the lot area of a zoning lot less than one and a half acres, and that is not accessory to such railroad right-of-way, shall be certified by the Chairperson of the City Planning Commission pursuant to Section 75-41. In addition, the development or enlargement of a building on a zoning lot greater than one and a half acres that includes a railroad right-of-way or former railroad right-of-way, where such building is not accessory to a railroad right-of-way#, may be permitted by the Commission pursuant to 74-61. 

Special regulations applying only in Special Purpose Districts are set forth in Articles VIII, IX, X, XI, XII, XIII and XIV.

M1 M2 M3

In all districts, as indicated, all developments, or enlargements of 20 percent or more in floor area, excluding developments or enlargements in Use Groups IV(B), IX(B) or X, shall provide street trees in accordance with Section 26-41 (Street Tree Planting). In addition, any building where 20 percent or more of the floor area is converted from a manufacturing use to a commercial or community facility use shall provide street trees in accordance with Section 26-41. The street frontage used to calculate the number of required trees may exclude the street frontage occupied by curb cuts serving:

From Use Group VI

Automotive repair and maintenance#

Automotive service stations#

Industrial drycleaning and laundry services

From Use Group IX

All uses listed under Use Group IX(A) and IX(C).

Notwithstanding any other provisions of this Resolution, outdoor table service areas, associated with eating and drinking establishments, meeting all requirements set forth in legislation by the City Council and any subsequent rulemaking by an authorized agency shall be permitted within any required sidewalk widening areas.

Words in italics are defined in Section 12-10 (DEFINITIONS) or, if applicable exclusively to this Section, in this Section.

M1 M2 M3

In all districts, as indicated, for any zoning lot, the maximum floor area ratio shall not exceed the floor area ratio set forth in the following table, except as otherwise provided in the following Sections:

Section 43-121        (Expansion of existing manufacturing buildings)

Section 43-122        (Maximum floor area ratio for community facilities)

Section 43-13        (Floor Area in Manufacturing Districts With an A Suffix)

Section 43-14        (Floor Area Bonus for Public Plazas and Arcades)

Section 43-15        (Existing Public Amenities for which Floor Area Bonuses Have Been Received)

Section 43-16        (Special Provisions for Zoning Lots Divided by District Boundaries)

Section 43-61        (Bulk Regulations for Residential Uses in M1-1D Through M1-5D Districts)

Section 43-62        (Bulk Regulations in M1-6D Districts)

Any given lot area shall be counted only once in determining the floor area ratio.

*   In Community District 1, in the Borough of Queens, in the M1-2 District bounded by a line 100 feet southwesterly of 37th Avenue, a line 100 feet southeasterly of 24th Street, a line 100 feet southwesterly of 39th Avenue, 24th Street, and a line 100 feet northeasterly of 40th Avenue, 23rd Street, 39th Avenue and 24th Street, the maximum floor area ratio shall be increased to 4.0 provided that such additional floor area is limited to referenced commercial and manufacturing uses

For zoning lots containing both community facility use and manufacturing or commercial use, the total floor area used for manufacturing or commercial use shall not exceed the amount permitted in the table in this Section or by the bonus provisions in Sections 43-13 or 43-14.

Except where authorized by express provisions of this Resolution, the maximum floor area ratio shall not exceed the amount set forth in this Section, or Section 43-13, as applicable, by more than 20 percent.

M1-6 M1-7A M1-8A M1-9A

1. Public Plazas
   
   In the districts indicated, except for M1-6D Districts, for each square foot of public plaza provided on a zoning lot, in accordance with the provisions of Section 37-70, inclusive, the total floor area permitted on that zoning lot under the provisions of Section 43-12 (Maximum Floor Area Ratio) may be increased by six square feet.
2. Arcades
   
   In the districts indicated, except for M1-6D Districts, for each square foot of arcade provided on a zoning lot, the total floor area permitted on the zoning lot under the provisions of Section 43-12 may be increased by three square feet. However, the provisions of this Section shall not apply to zoning lots that are both within 100 feet of the western street line of Seventh Avenue and between West 28th and West 30th Streets in the Borough of Manhattan.

(a)        Elimination or reduction in size of non-bonused open area on a zoning lot containing a bonused amenity

In all districts, any existing open area for which a floor area bonus has not been utilized that occupies the same zoning lot as an existing publicly accessible open area or other public amenity, open or enclosed, for which a floor area bonus has been utilized, may be reduced in size or eliminated only upon certification of the Chairperson of the City Planning Commission that all bonused amenities comply with the standards under which such floor area bonus was granted.

(b)        Kiosks and open air cafes

Kiosks and open air cafes may be placed within an existing publicly accessible open area for which a floor area bonus has been received, by certification, pursuant to Section 37-73 (Kiosks and Open Air Cafes).

(c)        Nighttime closing of existing publicly accessible open areas

The Commission may, upon application, authorize the closing of an existing publicly accessible open area for which a floor area bonus has been received, during certain nighttime hours pursuant to Section 37-727 (Hours of access).

(d)        Elimination or reduction of existing public amenities

No existing arcade, publicly accessible open area or other public amenity, open or enclosed, for which a floor area bonus has been utilized, shall be eliminated or reduced in size except by special permit, pursuant to Section 74-761 (Elimination or reduction in size of bonused public amenities).

M1 M2 M3

In all districts, as indicated, whenever a zoning lot is divided by a boundary between districts with different maximum floor area ratios, the provisions set forth in Article VII, Chapter 7 shall apply.

M1-5B

In the district indicated, no building containing joint living-work quarters for artists shall be enlarged.

Mezzanines are allowed within individual quarters, in buildings with an existing floor area ratio of 12.0 or less, and only between floors, or between a floor and a roof, existing on January 22, 1998, that are to remain, provided that such mezzanines do not exceed 33 and 1/3 percent of the gross floor area of such individual quarters. Such mezzanines shall not be included as floor area for the purpose of calculating minimum required size of a joint living-work quarters for artists.

In the district indicated no building containing joint living-work quarters for artists shall be subdivided into quarters of less than 1,200 square feet except where no story contains more than one joint living-work quarters for artists unless modified pursuant to Section 43-171 (Minor modifications).

However, the minimum size requirement may be replaced by the requirements of Section 15-024 (Special bulk regulations for certain pre-existing dwelling units and joint living-work quarters for artists) for joint living-work quarters for artists:

(a)        for which a determination of residential or joint living-work quarters for artists occupancy on September 1, 1980, has been made pursuant to paragraphs (a)(6) or (c) of Section 42-315 (Use regulations in M1-5B Districts); or

(b)        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

(c)        that the Loft Board determines were occupied for residential use or as joint living-work quarters for artists on September 1, 1980.

Joint living-work quarters for artists existing on September 1, 1980, may not be divided subsequently into quarters of less than 1,200 square feet, 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.

In the districts indicated, two or more buildings which are separated by individual load-bearing walls and contain joint living-work quarters for artists, each of which building conforms to the regulations set forth in Section 42-315 may be combined to produce a lot area covered by buildings in excess of 3,600 square feet.

Words in italics are defined in Section 12-10 or, if applicable exclusively to this Section, in this Section.

In all Manufacturing Districts, the level of a yard or of a rear yard equivalent shall not be higher than curb level. However, this Section shall not be construed to require that natural grade level be disturbed in order to comply with this requirement.

No building or other structure shall be erected above ground level in any required yard or rear yard equivalent except as otherwise provided in Section 43-23 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

In all Manufacturing Districts, the obstructions set forth in Sections 23-311 (Permitted obstructions in all yards, courts and open areas) and 23-341 (Permitted obstructions in required rear yards or rear yard equivalents), as well as the following obstructions shall be permitted within a required yard or rear yard equivalent:

(a)        In any yard or rear yard equivalent:

(1)        Fences;

(2)        Parking spaces for automobiles or bicycles, off-street, open, accessory;

(3)       Energy infrastructure equipment and accessory mechanical equipment, provided that the height of all equipment shall not exceed a height of 23 feet above curb level;

(4)        Steps;

(5)        Walls, not exceeding eight feet in height and not roofed or part of a building.

(b)        In any rear yard or rear yard equivalent:

(1)        Any building or portion of a building used for any permitted use, except that any portion of a building containing rooms used for living or sleeping purposes (other than a room in a hospital used for the care and treatment of patients, or joint living-work quarters for artists) shall not be a permitted obstruction, and provided that the height of such building shall not exceed one story, excluding basement, nor in any event 23 feet above curb level. However, in M Districts with an A suffix, the height of such obstruction shall be modified so that such building shall not exceed two stories, excluding basements, nor in any event 30 feet above curb level. In addition, in all districts, decks, parapet walls, roof thickness, skylights, vegetated roofs, and weirs, shall be permitted upon such building, or portion thereof, pursuant to Section 43-42 (Permitted Obstructions);

(2)        Parking spaces for automobiles or bicycles, off-street, accessory, provided that the height of an accessory building used for such purposes and located in a required rear yard or rear yard equivalent shall not exceed 23 feet above curb level; or

(3)        Solar energy systems affixed to solar canopies and located over parking spaces associated with public parking lots, automobile rental establishments, or commercial or public utility vehicle parking facilities, as permitted, provided that the height shall not exceed 15 feet above the level of the adjoining grade.

However, no portion of a rear yard equivalent which is also a required front yard or required side yard may contain any obstructions not permitted in such front yard or side yard.

In all Manufacturing Districts, the width or depth of a yard or rear yard equivalent shall be measured perpendicular to lot lines.

M1 M2 M3

In all districts, as indicated, no side yards are required. However, if an open area extending along a side lot line is provided, it shall be at least eight feet wide.

M1 M2 M3

In all districts, as indicated, a rear yard with a depth of not less than 20 feet shall be provided at every rear lot line on any zoning lot except as otherwise provided in Sections 43-27 (Special Provisions for Shallow Interior Lots), 43-28 (Special Provisions for Through Lots) or 43-31 (Other Special Provisions for Rear Yards). Rear yards shall also be provided along portions of side lot lines as set forth in Section 43-261 (Beyond one hundred feet of a street line).

M1 M2 M3

1. For districts without an A suffix
   
   In all districts, other than districts with an A suffix, if an interior lot:
   1. was owned separately and individually from all other adjoining tracts of land, both on December 15, 1961, and on the date of application for a building permit; and
   2. is less than 70 feet deep;

the depth of a required rear yard for such interior lot may be reduced by one foot for each two feet by which the maximum depth of a zoning lot is less than 70 feet. No rear yard is required on any interior lot with a maximum depth of less than 50 feet.

1. For districts with an A suffix
   
   For districts with an A suffix, if an interior lot, or portion thereof, has a depth of less than 95 feet at any point, and such shallow condition was in existence on December 15, 1961, the depth of a required rear yard, or portion thereof, may be reduced by six inches for each foot by which the depth of such zoning lot is less than 95 feet. No rear yard is required on any such interior lot, or portion thereof, with a maximum depth of less than 50 feet.

M1 M2 M3

1. In all districts, other than districts with an A suffix, no rear yard regulations shall apply on any through lot which extends less than 110 feet in maximum lot depth from street to street. However, on any through lot 110 feet or more in maximum depth from street to street, one of the following rear yard equivalents shall be provided, except that in the case of a zoning lot occupying an entire block, no rear yard or rear yard equivalent shall be required:
   1. an open area with a minimum lot depth of 40 feet midway (or within five feet of being midway) between the two street lines upon which such through lot fronts;
   2. two open areas, each adjoining and extending along the full length of the street line, and each with a minimum depth of 20 feet measured from such street line; or
   3. an open area adjoining and extending along the full length of each side lot line, with a minimum width of 20 feet measured from each such side lot line.

Any such rear yard equivalent shall be unobstructed from its lowest level to the sky, except as provided in Section 43-23 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

1. For districts with an A suffix
   
   For districts with an A suffix, no rear yard equivalent shall be required on any through lot or through lot portion of a zoning lot.

M1 M2 M3

In all districts, as indicated, along such portion of a rear lot line which coincides with a boundary of a railroad right-of-way, no rear yard shall be required.

M1 M2 M3

In all districts, as indicated, along such portion of the boundary of a Manufacturing District which coincides with a side lot line of a zoning lot in an R1, R2, R3, R4 or R5 District, an open area not higher than curb level and at least 15 feet wide shall be provided within the Manufacturing District. Such an open area shall not be used for accessory off-street parking, accessory off-street loading, or for storage or processing of any kind.

M1 M2 M3

1. For districts without an A suffix
   
   In all districts, other than districts with an A suffix, along such portion of the rear lot line of a zoning lot in a Manufacturing District which coincides with a rear lot line of a zoning lot in an adjoining Residence District, an open area not higher than curb level and at least 30 feet in depth shall be provided within the Manufacturing District. Such an open area shall not be used for storage or processing of any kind.
2. For districts with an A suffix
   
   For districts with an A suffix, where the portion of a rear lot line of a zoning lot coincides with the rear lot line of an adjoining Residence District, an open area not higher than 30 feet above curb level and at least 20 feet in depth shall be provided.

M1 M2 M3

1. For districts without an A suffix
   
   In all districts, other than districts with an A suffix, along such portion of a side lot line of a zoning lot in a Manufacturing District which coincides with a rear lot line of a zoning lot in an adjoining Residence District, an open area not higher than curb level and at least 15 feet wide shall be provided within the Manufacturing District. Such open area shall not be used for accessory off-street loading or for storage or processing of any kind.
2. For districts with an A suffix
   
   For districts with an A suffix, where the portion of a side lot line of a zoning lot coincides with the rear lot line of an adjoining Residence District, an open area not higher than curb level and at least eight feet in depth shall be provided. 

M1-1 M1-2 M1-3 M1-4 M2 M3

In the districts indicated, if the boundary of an adjoining Residence District is located at the center line of a street less than 60 feet wide, a front yard not higher than curb level and at least 20 feet in depth shall be provided along any front lot line forming the boundary between a zoning lot located within the Manufacturing District and that portion of the street in which the district boundary is located.

M1 M2 M3

In all districts, as indicated, the rear yard requirements set forth in Section 43-26 (Minimum Required Rear Yards) shall be modified as set forth in this Section.

M1 M2 M3

In all districts, as indicated, whenever a zoning lot is divided by a boundary between districts with different yard regulations, the provisions set forth in Article VII, Chapter 7, shall apply.

M1 M2 M3

In all districts, as indicated, the regulations set forth in Section 43-313 (For zoning lots with multiple rear lot lines) may be modified in accordance with the provisions of Section 73-69 (Rear Yard Modifications).

Words in italics are defined in Section 12-10 (DEFINITIONS) or, if applicable exclusively to this Section, in this Section.

In all Manufacturing Districts, the obstructions set forth in Section 23-411 (General permitted obstructions), as well as the following obstructions, shall be permitted to penetrate a maximum height limit or a sky exposure plane set forth in Sections 43-43 (Maximum Height of Front Wall and Required Front Setbacks) or 43-44 (Alternate Front Setbacks), or 43-46 (Height and Setback Provisions for Districts With an A Suffix).

1. Elevator or stair bulkheads (including shafts and vestibules, roof water tanks, energy infrastructure equipment, and accessory mechanical equipment (including enclosures), other than solar or wind energy systems (whether accessory or as part of energy infrastructure equipment), provided that: 
   1. such obstructions shall be located not less than 10 feet from the street wall of a building, except that such obstructions need not be set back more than 25 feet from a narrow street line or more than 20 feet from a wide street line. However, such restrictions on location shall not apply to elevator or stair bulkheads (including shafts or vestibules), provided the aggregate width of street walls of such bulkheads within 10 feet of a street wall, facing each street frontage, does not exceed 30 percent of the street wall width of the building facing such frontage;
   2. the aggregate area of such obstructions, including any screening, does not exceed 50 percent of the lot coverage of the building, and the height of such obstructions shall not exceed 15 feet above the maximum permitted height, except where otherwise permitted by paragraph (3) of this Section;
   3. the aggregate area of such obstructions, including any screening, does not exceed 30 percent of the lot coverage of the building and the height of such obstructions shall not exceed:
      1. where the maximum permitted height of a building is 120 feet or lower, a height of 35 feet above the maximum permitted height;
      2. where the maximum permitted height of a building is greater than 120 feet, a height of 55 feet above the maximum permitted height; and
   4. all equipment shall be subject to the applicable provisions of Section  37-20 (SPECIAL SCREENING AND ENCLOSURE PROVISIONS);
2. House of worship towers, ornamental, having no floor area in portion of tower penetrating such height limit or sky exposure plane;
3. Qualifying rooftop greenhouses, up to 25 feet in height, provided that such obstruction shall be located not less than six feet from the street wall of the building;
4. Spires or belfries;
5. Vegetated roofs, not more than 3 feet, 6 inches in height, excluding vegetation, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher. On roofs with slopes greater than 20 degrees, vegetated roofs shall be limited to a height of 12 inches measured perpendicular to such roof surface;
6. Wind energy systems, accessory or as part of energy infrastructure equipment, on portions of buildings with a height of 100 feet or greater, provided:
   1. the highest point of the wind turbine assembly does not exceed 55 feet;
   2. no portion of the wind turbine assembly is closer than 10 feet to any lot line; and
   3. in districts where residences or joint living-work quarters for artists are permitted as-of-right, by special permit or by authorization, or within 100 feet of such districts, the diameter of the swept area of the rotor does not exceed 15 feet.

M1 M2 M3

In all districts, other than districts with an A suffix, if the front wall or any other portion of a building or other structure is located at the street line or within the initial setback distance as set forth in the table in this Section, the height of such front wall or other portion of a building or other structure, except as otherwise set forth in this Section, shall not exceed the maximum height above curb level set forth in the table. Above such maximum height and beyond the initial setback distance, the building or other structure shall not penetrate the sky exposure plane set forth in the table.

The regulations of this Section shall apply, except as otherwise provided in Sections 43-42 (Permitted Obstructions), 43-44 (Alternate Front Setbacks) or 43-45 (Tower Regulations). In M1-1 Districts, for community facility buildings, the maximum height of a front wall shall be 35 feet or three stories, whichever is less, and the height above the street line shall be 35 feet, and in M1-4 Districts, for community facility buildings, the maximum height of a front wall shall be 60 feet or six stories, whichever is less.

MAXIMUM HEIGHT OF FRONT WALL AND REQUIRED FRONT SETBACKS

SKY EXPOSURE PLANE
(23 - 641, 24 - 522, 33 - 432, 43 - 43)

M1 M2 M3

In all districts, other than districts with an A suffix, if an open area is provided along the full length of the front lot line with the minimum depth set forth in the following table, the provisions of Section 43-43 (Maximum Height of Front Wall and Required Front Setbacks) shall not apply. The minimum depth of such open area shall be measured perpendicular to the front lot line. However, in such instances, except as otherwise provided in this Section or in Sections 43-42 (Permitted Obstructions) or 43-45 (Tower Regulations), no building or other structure shall penetrate the alternate sky exposure plane set forth in the table in this Section. The sky exposure plane shall be measured from a point above the street line.

In an M1-6 District, if the open area provided under the terms of this Section is a public plaza, such open area may be counted toward the bonus provided for a public plaza, pursuant to Section 43-14 (Floor Area Bonus for Public Plazas and Arcades).

In M1-1 Districts, for community facility buildings the height above the street line shall be 35 feet.

ALTERNATE REQUIRED FRONT SETBACKS

ALTERNATE SKY EXPOSURE PLANE
(23 - 64, 24 - 53, 33 - 442, 43 - 44)

M1-3 M1-4 M1-5 M1-6

In the districts indicated, other than districts with an A suffix, any building or buildings, or portion thereof, which in the aggregate occupy not more than 40 percent of the lot area of a zoning lot or, for zoning lots of less than 20,000 square feet, the percent set forth in Section 43-451 (Towers on small lots), may penetrate an established sky exposure plane. (Such building or portion thereof is hereinafter referred to as a tower.) At any given level, such tower may occupy any portion of the zoning lot not located less than 15 feet from the street line of a narrow street, or less than 10 feet from the street line of a wide street, provided that the aggregate area so occupied within 50 feet of a narrow street shall not exceed 1,875 square feet and the aggregate area so occupied within 40 feet of a wide street shall not exceed 1,600 square feet.

If all of the buildings on a zoning lot containing such tower do not occupy at any level more than the maximum percent of the lot area set forth in this Section or Section 43-451 for towers, the tower may occupy any portion of the zoning lot located 20 feet or more from the street line of a narrow street or 15 feet or more from the street line of a wide street, provided that the aggregate area so occupied within 50 feet of a narrow street shall not exceed 2,250 square feet and the aggregate area so occupied within 40 feet of a wide street shall not exceed 2,000 square feet.

For M Districts with an A suffix, a building or other structure shall not exceed the maximum base heights or maximum building height set forth in paragraph (a) of this Section. A setback is required for all portions or buildings or other structures that exceed the maximum base height specified in paragraph (a) and shall be provided in accordance with paragraph (b). In districts without a maximum height limit, the tower provisions set forth in paragraph (c) shall apply.

1. Maximum base heights and maximum building heights
   
   The table below sets forth the maximum base heights and maximum building or other structure heights.
   
   MAXIMUM BASE HEIGHT AND MAXIMUM BUILDING HEIGHT
   

   District	Maximum Base Height (in feet)	Maximum Height of Buildings or other Structures (in feet)
   M1-1A  M2-1A  M3-1A	45	65
   M1-2A  M2-2A  M3-2A	65	95
   M1-3A  M2-3A	95	125
   M1-4A  M2-4A	125	155
   M1-5A	155	205
   M1-6A	155	245
   M1-7A	155	325
   M1-8A  M1-9A	155	N/A

   
   In addition, for zoning lots with a lot area greater than or equal to 20,000 square feet, a building may exceed the maximum building heights established in such table by 25 percent.
2. Any portion of a building above the maximum base height shall provide a setback with a depth of at least 10 feet from any street wall fronting on a wide street and a depth of at least 15 feet from any street wall fronting on a narrow street. However, such setback requirement may be modified as follows:
   1. the depth of such required setback may be reduced by one foot for every foot that the street wall is located beyond the street line, but in no event shall a setback of less than seven feet in depth be provided, except as otherwise set forth in this Section. To allow street wall articulation, where a street wall is divided into different segments and located at varying depths from the street line, such permitted setback reduction may be applied to each street wall portion separately;
   2. the depth of such required setbacks may include the depth of recesses in the street wall of the building base, provided that the aggregate width of any such recessed portion of a street wall with a setback less than seven feet, does not exceed 30 percent of the aggregate width of street wall# at any level;
   3. these setback provisions are optional for any building that either is located beyond 50 feet of a street line or oriented so that lines drawn perpendicular to it, in plan, would intersect a street line at an angle of 65 degrees or less. In the case of an irregular street line, the line connecting the most extreme points of intersection shall be deemed to be the street line#; and
   4. dormers may penetrate a required setback area, provided that the aggregate width of all dormers at the maximum base height does not exceed 40 percent of the width of the street wall of the highest story entirely below the maximum base height#. Such dormers need not decrease in width as the height above the maximum base height increases.
3. Towers
   
   For buildings in M1-8A and M1-9A Districts, no maximum height limit shall apply. However, any portion of a building above a height of 350 feet shall have a maximum lot coverage of 50 percent of the lot area of the zoning lot.
   

1. For zoning lots adjoining public parks
   
   M1 M2 M3
   
   In all districts, as indicated, a public park with an area of between one and 15 acres shall be considered a wide street for the purpose of applying the height and setback regulations as set forth in Section 43-43 (Maximum Height of Front Wall and Required Front Setbacks) to any building or other structure on a zoning lot adjoining such public park. However, the provisions of this Section shall not apply to a public park more than 75 percent of which is paved.
2. For zoning lots containing certain community facility uses
   
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   In the district indicated, for certain community facility uses in specified situations, the Board of Standards and Appeals may modify the regulations set forth in Sections 43-41 to 43-45, inclusive, relating to Height and Setback Regulations, in accordance with the provisions of Section 73-64 (Modifications for Community Facility Uses).
   

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In all districts, as indicated, whenever a zoning lot is divided by a boundary between districts with different height and setback regulations, or whenever a zoning lot is divided by a boundary between a district to which the provisions of Section 43-45 (Tower Regulations) apply and a district to which such provisions do not apply, the provisions set forth in Article VII, Chapter 7 shall apply.

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In the district indicated, the regulations set forth in the following Sections shall apply to all buildings containing community facility uses:

Section 24-61        (General Provisions and Applicability)

Section 24-62        (Minimum Dimensions of Courts)

Section 24-63        (Outer Court Regulations)

Section 24-64        (Inner Court Regulations)

Section 24-65        (Minimum Distance Between Required Windows and Walls or Lot Lines)

Section 24-66        (Modifications of Court Regulations or Distance Requirements)

Section 24-67        (Permitted Obstructions in Courts).

The following regulations on permitted and required accessory off-street parking spaces are adopted in order to provide parking spaces off the streets for the increasing number of people driving to work in areas outside the high density central areas, to relieve congestion on streets in industrial districts, to help prevent all-day parking in residential and commercial areas adjacent to manufacturing areas, and to provide for better and more efficient access to and from industrial establishments within the City, and thus to promote and protect public health, safety, and general welfare.

Except as otherwise provided in this Section, the regulations of this Chapter on permitted or required accessory off-street parking spaces apply to manufacturing, commercial or community facility uses, as set forth in the provisions of the various Sections. In limited instances certain regulations also apply to public parking garages and public parking lots.

Special regulations applying in the waterfront area are set forth in Article VI, Chapter 2.

Special regulations applying in the flood zone are set forth in Article VI, Chapter 4.

Words in italics are defined in Section 12-10 (DEFINITIONS) or, if applicable exclusively to this Chapter, in this Section.

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In all districts, as indicated, accessory off-street parking spaces may be provided for all permitted uses subject to the applicable provisions set forth in Section 44-12 (Maximum Size of Accessory Group Parking Facilities).

Such accessory off-street parking spaces may be open or enclosed. However, except as otherwise provided in Section 73-47 (Roof Parking), no spaces shall be located on any roof which is immediately above a story other than a basement.

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In all districts, as indicated, no accessory group parking facility shall contain more than 150 off-street parking spaces, except as provided in Section 44-13 (Modification of Maximum Size of Accessory Group Parking Facilities).

The provisions of this Section shall not apply to accessory off-street parking spaces provided in public parking garages in accordance with the provisions of Section 44-46 (Accessory Off-street Parking Spaces in Public Parking Garages).

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In all districts, as indicated, a group parking facility may contain additional spaces not to exceed 50 percent of the maximum number otherwise permitted under the provisions of Section 44-12 (Maximum Size of Accessory Group Parking Facilities), if the Commissioner of Buildings determines that such facility:

(a)        has separate vehicular entrances and exits thereto, located not less than 25 feet apart;

(b)        is located on a street not less than 60 feet in width; and

(c)        if accessory to a commercial or manufacturing use, has adequate reservoir space at the entrances to accommodate a minimum of 10 automobiles.

The Commissioner of Buildings shall establish appropriate additional regulations with respect to the design of such facility to minimize adverse effects on the character of the surrounding area, such as requirements for shielding of floodlights.

The provisions of this Section shall not apply to accessory off-street parking spaces provided in public parking garages in accordance with the provisions of Section 44-46 (Accessory Off-street Parking Spaces in Public Parking Garages).

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In all districts, as indicated, the Board of Standards and Appeals may permit accessory group parking facilities with more than 150 spaces, in accordance with the provisions of Section 73-46 (Exceptions to Maximum Size of Accessory Group Parking Facilities).

The provisions of this Section shall not apply to accessory off-street parking spaces provided in public parking garages in accordance with the provisions of Section 44-46 (Accessory Off-street Parking Spaces in Public Parking Garages).

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In all districts, as indicated, accessory off-street parking spaces, open or enclosed, shall be provided in conformity with the requirements set forth in the table in this Section for all development after December 15, 1961, for the manufacturing, commercial or community facility uses listed in the table. In addition, all other applicable requirements of this Chapter shall apply as a condition precedent to the use of such development.

After December 15, 1961, if an enlargement results in a net increase in the floor area or other applicable unit of measurement specified in the table in this Section, the same requirements set forth in the table shall apply to such net increase in the floor area or other specified unit of measurement.

A parking space is required for a portion of a unit of measurement one-half or more of the amount set forth in the table.

For the purposes of this Section, a tract of land on which a group of such uses is developed under single ownership or control shall be considered a single zoning lot.

For those uses for which rated capacity is specified as the unit of measurement, the Commissioner of Buildings shall determine the rated capacity as the number of persons which may be accommodated by such uses.

The requirements of this Section shall be waived in the following situations:

(a)        when, as the result of the application of such requirements, a smaller number of spaces would be required than is specified by the provisions of Section 44-232 (Waiver of Requirements for Spaces Below Minimum Number) or, for certain uses, below the lot area or establishment size thresholds set forth in Section 44-233 (Waiver of requirements for certain small zoning lots or establishments);

(b)        when the Commissioner of Buildings has certified, in accordance with the provisions of Section 44-24 (Waiver of Requirements for All Zoning Lots Where Access Would Be Forbidden), that there is no way to arrange the spaces with access to the street to conform to the provisions of Section 44-43 (Location of Access to the Street).

For the purposes of applying the loading requirements of this Chapter, uses are grouped into the following Parking Requirement Categories (PRC) based on how requirements are measured. The specific designations for uses are set forth in the Use Group tables.

REQUIRED OFF-STREET PARKING SPACES FOR MANUFACTURING, COMMERCIAL
OR COMMUNITY FACILITY USES

¹              For ambulatory diagnostic or treatment facilities listed in Use Group III(B), cellar space, except cellar space used for storage shall be included to determine parking requirements.

²             Parking requirements for uses in PRC-A3 may be reduced by permit of the Board of Standards and appeals in accordance with the provisions of Section 73-44.

³              In the case of golf driving ranges, the requirements in this table apply only to that portion of the range used for tees.

⁴              In the case of outdoor skateboard parks, in M3-1 Districts, the requirements of this table apply only to that portion used as skating runs and accessory buildings. The floor area of accessory buildings shall be considered lot area for the purpose of these requirements.

⁵                      For predominantly open storage of miscellaneous uses or predominantly open manufacturing uses, the lot area used for such uses shall be considered as floor area for the purposes of these requirements.

⁶                      Parking requirements for uses in PRC-E1 are in addition to area utilized for ambulance parking.