Section 27-317.2. Exceptions within special flood hazard areas

Mixed use
  buildings may be constructed within Zone A, as delineated  in  reference
  standard  RS  4-4,  with  non-habitable  portions  below  the base flood
  elevation, provided all of the following conditions are met:
    (a) The building is constructed so as to provide entrance access at or
  above the base flood elevation.
    (b) The portion of the building and all service  equipment  below  the
  base  flood  elevation  are  floodproofed,  in accordance with reference
  standard RS 4-5.
    (c) No habitable room may be located in such cellar or basement.
    (d) A water closet and/or a wash basin may be located in  an  enclosed
  space  not to exceed four feet by four feet six inches in such cellar or
  basement, and no roughing therein shall be allowed  to  accommodate  any
  additional fixtures.
    (e) No accessory kitchens shall be allowed in such cellar or basement;
  however,  one  two-compartment  laundry tray or similar appliance may be
  installed outside the water closet compartment.
    (f) The building permit  application  filed  with  the  department  of
  buildings  or  the  work permit application filed with the department of
  ports, and trade shall state that:
    (1) The premises is located within the special flood hazard area;
    (2) The cellar or basement is located below  the  level  of  the  base
  flood elevation; and,
    (3)  No  portion  of  the  cellar  or  basement may be used for living
  purposes.
    (g) A deed restriction noting all of the above is to  be  recorded  in
  the  county  clerk's  office  and the page and liber number indicated on
  either the building permit  application  and  certificate  of  occupancy
  filed with and issued by the department of buildings, or the work permit
  application  and  the certificate of completion filed with and issued by
  the department of ports and trade.
 
             (For Table 4-1 see chapter 839 of the laws of 1986)
 
  Notes:
    Tabulated areas are given in sq. ft. and establish maximum gross  area
  permitted  on  any one story within a building or fire area. See section
  27-303 and subdivision  (e)  of  section  27-328  for  permissible  area
  increases. Tabulated heights are given in feet and number of stories (in
  parentheses)
    {a} See section 27-297 for construction exemptions.
    {b} See  article  eleven  of  subchapter  seven of chapter one of this
  title for area and height limitations of open parking structures.
    {c} See paragraph  two  of  subdivision  (b)  of  section  27-548  for
  grandstand limitations.
    {d} See  subdivision  (c)  of  section 27-339 for area limitations for
  existing office buildings one  hundred  feet  or  more  in  height  with
  mechanical ventilation and/or air-conditioning systems that serve floors
  other than the floor on which the equipment is located.
    {e} Spaces  in  occupancy  group  A solely due to their containing gas
  distribution piping  at  pressure  levels  above  fifteen  psig  may  be
  unsprinklered and conform with the area and height limitations set forth
  in  table  4-2, provided other fire protection requirements set forth in
  section 27-404 and subchapters five and seventeen of chapter one of this
  title are met.
    {f} See section 27-954 for area limitations for  buildings  less  than
  seventy-five ft. in height.

    {g} See  subdivisions  (u)  and (v) of section 27-954 for requirements
  pertaining to F-4 spaces within J-1 buildings,  catering  establishments
  and banquet halls with occupant load of three hundred or more persons.
 
             (For Table 4-2 see chapter 839 of the laws of 1986)
 
  Notes:
    Tabulated  areas  are given in square feet and establish maximum gross
  area permitted on any one story within a  building  or  fire  area.  See
  section  27-303  for  permissible  area increases. Tabulated heights are
  given in feet and number of stories (in parentheses).
    {a} See section 27-297 for construction exemptions.
    {b} See article eleven of subchapter seven of this  chapter  for  area
  and height limitations of open parking structures.