Section 32-423 - Additional environmental standards for certain uses
Where commercial uses are located either on the same story as dwelling units , or on a higher story , pursuant to the applicable provisions of Section 32-421 and 32-422 , the provisions of this Section shall apply to uses listed in Use Group VI, as set forth in Section 32-16 (Use Group VI – Retail and Services), inclusive, uses listed in Use Group VIII, as set forth in Section 32-18 (Use Group VIII – Recreation, Entertainment and Assembly Spaces), inclusive, uses listed in Use Group IX, as set forth in Section 32-19 (Use Group IX - Storage) and uses listed in Use Group X, as set forth in Section 32-20 (Use Group X – Production Uses).
Air quality Where a use listed in Use Group X is required to install an emission stack by Federal, State or Local law, such stack shall exhaust above the height of building containing such use , or above the height of the immediately adjacent buildings , whichever is higher. Noise Above the level of the first story , where the applicable commercial uses are located on the same story as a dwelling unit or a story higher than a dwelling unit , such uses shall either: be separated from dwelling units by a horizontal or vertical distance of at least 15 feet and includes at least two wall or ceiling partitions, as applicable; or provide attenuation that will result in a sound level below 42 dBA for daytime and 35 dBA for nighttime, as measured from the interior of the closest dwelling units . Such measurement shall be verified by an acoustical engineer prior to the issuance of a certificate of occupancy by the Department of Buildings. Vibration Above the level of the first story , where the applicable commercial uses are located on the same story as a dwelling unit or a story higher than a dwelling unit , such uses shall be subject to the provisions of Section 42-22 (Performance Standards Regulating Vibration) for an M1 District, except that the measurements for maximum vibration displacements shall be measured within the building instead of at the lot line . Such measurement shall be verified by a vibration or acoustical engineer prior to the issuance of a certificate of occupancy by the Department of Buildings.