ToC

Chapter 6 - Special Clinton District (CL)

The City of New York
Bill de Blasio, Mayor
City Planning Commission
Marisa Lago, Chair

The "Special Clinton District" (hereinafter also referred to as the "Special District"), established in this Resolution, is designed to promote and protect public health, safety, general welfare and amenity. Because of the unique geographical location of the Clinton community, situated between the waterfront on the west and a growing central business district on the east, it is necessary to provide specific programs and regulations which will assure realization of community and citywide goals.

These goals include, among others, the following:

(a)        to preserve and strengthen the residential character of the community;

(b)        to permit rehabilitation and new construction within the area in character with the existing scale of the community and at rental levels which will not substantially alter the mixture of income groups currently residing in the area;

(c)        to preserve the small-scale character and variety of existing stores and activities and to control new commercial uses in conformity with the existing character of the area;

(d)        to recognize the unique character of the eastern edge of the District as an integral part of the Theater Subdistrict within the Special Midtown District as well as the Special Clinton District;

(e)        to provide an appropriate transition from the mixed-use character along Eighth Avenue to the lower-scale residential character of the Clinton community on the narrow streets;

(f)        to relate the unique character of the 42nd Street Perimeter Area to the adjacent Special Hudson Yards District;

(g)        to provide amenities, such as street trees, to improve the physical environment;

(h)        to restrict demolition of buildings that are suitable for rehabilitation and continued residential use; and

(i)        to promote the most desirable use of land in the area and thus to conserve the value of land and buildings, and thereby protect the City's tax revenues, consistent with the foregoing purposes.

96-01

Definitions

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

        

Certification of no harassment

“Certification of no harassment” shall mean a certification by the Department of Housing Preservation and Development pursuant to Section 96-110 that there has not been harassment of the lawful occupants of a multiple dwelling during the inquiry period, as defined in Section 96-110.

        

Harassment

“Harassment” shall mean any conduct by or on behalf of an owner of a multiple dwelling that includes:

(a)        the use or threatened use of force which causes or is intended to cause any person lawfully entitled to occupancy of a dwelling unit or rooming unit in such multiple dwelling to vacate such unit or to surrender or waive any rights in relation to such occupancy;

(b)        the interruption or discontinuance of essential services which:

(1)        interferes with or disturbs or is intended to interfere with or disturb the comfort, repose, peace or quiet of any person lawfully entitled to occupancy of a dwelling unit or rooming unit in the use or occupancy of such dwelling unit or rooming unit; and

(2)        causes or is intended to cause such person lawfully entitled to occupancy of such dwelling unit or rooming unit to vacate such dwelling unit or rooming unit or to surrender or waive any rights in relation to such occupancy;

(c)        a failure to comply with the provisions of subdivision (c) of section 27-2140 of article seven of subchapter five of the Housing Maintenance Code which causes or is intended to cause such person lawfully entitled to occupancy of such dwelling unit or rooming unit to vacate such unit or to waive any rights in relation to such occupancy; or

(d)        any other conduct which prevents or is intended to prevent any person from the lawful occupancy of such dwelling unit or rooming unit or causes or is intended to cause such person lawfully entitled to occupancy of such dwelling unit or rooming unit to vacate such dwelling unit or rooming unit or to surrender or waive any rights in relation to such occupancy including, but not limited to, removing the possessions of any occupant from the dwelling unit or rooming unit; removing the door at the entrance to the dwelling unit or rooming unit; removing, plugging or otherwise rendering the lock on such entrance door inoperable; or changing the lock on such entrance door without supplying the occupant with a key.

For purposes of this definition, dwelling unit, referral date and rooming unit shall be defined as in Section 96-110.

        

Material alteration

“Material alteration” shall mean any alteration to a multiple dwelling including, but not limited to, an alteration which reduces or increases the floor area of the multiple dwelling, converts floor area from residential to non-residential use, changes the number or layout of dwelling units or rooming units, or adds or removes kitchens or bathrooms; provided, however, that material alteration shall not include:

(a)        an incidental alteration which does not change the layout of dwelling units or rooming units; or

(b)        a repair or replacement of existing elements of such multiple dwelling without materially modifying such elements.

For purposes of this definition, dwelling unit and rooming unit shall be defined as in Section 96-110.

        

Mixed building

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

        

Multiple dwelling

“Multiple dwelling” shall have the meaning set forth in the Multiple Dwelling Law.

Except as modified by the express provisions of this Chapter, the regulations of the underlying districts, or as modified by the Special Midtown District, remain in effect.

The Special Midtown District and its regulations, where applicable in the Special Clinton District, shall also apply and shall supplement or supersede regulations as set forth in this Chapter pursuant to Section 96-22 (Special Regulations for Eighth Avenue Perimeter Area). In the event of any conflict or discrepancy between the regulations, the more restrictive regulations shall apply in accordance with Section 11-22 (Application of Overlapping Regulations). This portion of the Special Purpose District is designated on the zoning map by the letters "CL-MiD."

In flood zones, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Hazard Areas), the provisions of Article VI, Chapter 4, shall control.

96-03

District Map

The District Map for the Special Clinton District (Appendix A) identifies specific areas comprising the Special District in which special zoning regulations carry out the general purposes of the Special Clinton District. These areas and the sections of this Chapter which contain regulations pertaining thereto are as follows:

Area A - PRESERVATION AREA, Section 96-10

Area B - PERIMETER AREA, Section 96-20

Area C - OTHER AREAS, Section 96-30

The provision of this Section shall apply to all developments, enlargements, extensions or alterations. All existing buildings within the Preservation Area shall be considered complying buildings for all purposes including, but not limited to, alterations, enlargements, extensions or conversions to residential uses. Any existing building which is damaged or destroyed by any means may be reconstructed to its bulk prior to such damage or destruction. All existing legal uses in enclosed buildings shall be considered conforming uses. Except as otherwise provided in this Chapter, any existing commercial or manufacturing uses may be changed, subject to the applicable underlying district regulations, pursuant to the change of non-conforming use provisions of Sections 52-31, 52-33, 52-34, 52-35 and 52-36.

For any zoning lot within the Preservation Area, the floor area ratio for a residential, commercial or community facility building, or portions of a mixed building containing such uses, shall not exceed the following:

Uses

Floor Area Ratio

Residential buildings or community facility buildings or portions of mixed buildings containing residential or community facility uses in the following Districts:

R8 C1-5 C2-5 C6-2

4.2

Commercial buildings or commercial portion of mixed buildings in the following Districts:

C1-5 C2-5

2.0

C6-2*

4.2

*        In C6-2 Districts, for zoning lots, or portions thereof, comprised of listed theaters designated in Section 81-742 of the Special Midtown District, the City Planning Commission shall allow a transfer of development rights pursuant to Section 81-744 (Transfer of development rights from listed theaters). The basic maximum floor area ratio for transfer purposes for such zoning lots, or portions thereof, shall be 6.02.

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

Within the Preservation Area, the open space requirement of Article II, Chapter 3, and the lot coverage provisions of Section 24-11, are not applicable. The lot coverage provisions of this Section apply in lieu thereof. In C6-2 Districts, for the purposes of determining lot coverage, any part of a building that is listed as a permitted obstruction in open space or in a rear yard shall not be included in lot coverage. For zoning lots, or portions thereof, located within 100 feet of the street line of a wide street, the maximum lot coverage shall not exceed 70 percent. For all zoning lots, or portions thereof, located more than 100 feet from the street line of a wide street, the maximum lot coverage shall not exceed 60 percent.

Any development containing residential uses shall provide a minimum of 20 percent of the lot area of a zoning lot as usable, landscaped open area for occupants of dwelling units in the development.

The yard regulations of this Section apply to any development or enlargement.

For zoning lots, or portions thereof, located within 100 feet of the street line of a wide street, no rear yard shall be required.

For all zoning lots, or portions thereof, located more than 100 feet from the street line of a wide street, a rear yard having a minimum depth of 30 feet shall be required.

On a through lot, or portion thereof, more than 100 feet from the street line of a wide street, the rear yard equivalent provisions of Section 23-532, paragraph (a), shall apply.

The underlying height and setback regulations shall not apply, except as set forth in Sections 23-62 or 33-42 (Permitted Obstructions), as applicable. In lieu thereof, the height and setback provisions of this Section shall apply. All height shall be measured from curb level.

(a)        Street wall location

For zoning lots with wide street frontage, street walls shall be located on the wide street line and extend along the entire wide street frontage of the zoning lot. For corner lots with narrow street frontage, street walls shall be located on and extend along the narrow street line within 50 feet of the wide street.

For zoning lots with narrow street frontage, street walls shall be located on the street line and extend along the entire narrow street frontage of the zoning lot beyond 50 feet of a wide street. However, where the street wall of an adjacent building fronting on the same narrow street line is located within 10 feet of the street line, the street wall of the building may be aligned with the street wall of the adjacent building for a distance of not less than 20 feet measured horizontally from the side wall of such building. The portion of a zoning lot that is located between a street wall and the street line, pursuant to the optional street wall location provisions of this paragraph (a), shall be maintained at the same elevation as the adjoining sidewalk. In addition, such portion of a zoning lot shall be planted, except at the entrances to and exits from the building, or adjacent to commercial uses fronting on the street.

(b)        Permitted recesses

Ground floor recesses up to three feet deep shall be permitted for access to building entrances. Above a height of 12 feet, up to 30 percent of the aggregate width of street walls may be recessed, provided no such recesses are within 30 feet of the intersection of two street lines.

(c)        Building height

Within 100 feet of a wide street, the street wall of a building or other structure shall rise without setback to a minimum height of 50 feet or the height of the building, whichever is less, and a maximum height of 66 feet. A setback shall be provided for all portions of buildings that exceed a height of 66 feet. Such setbacks shall be provided at a height not lower than 50 feet and not higher than 66 feet, and shall have a minimum depth of 10 feet, measured from any street wall facing a wide street, and a minimum depth of 15 feet, measured from any street wall facing a narrow street. No building or other structure shall exceed a height of 85 feet. Beyond 100 feet of a wide street, no building or other structure shall exceed a height of seven stories or 66 feet, whichever is less.

However, the City Planning Commission, by special permit, may modify the special height and setback regulations set forth in this Section. In order to grant such special permit, the Commission shall find that the distribution of bulk permits adequate access of light and air to surrounding streets and properties and that the maximum height does not exceed 99 feet beyond 100 feet of a wide street, and 115 feet within 100 feet of a wide street.

The Commission may prescribe appropriate conditions and safeguards to protect and minimize any adverse effects on the character of the surrounding area.

(a)        Dwelling unit distribution

For developments, enlargements, extensions or conversions of an existing building to a residential use, the density requirements of the underlying districts shall be inapplicable. In lieu thereof, the required lot area per dwelling unit of a development, enlargement, extension or conversion of an existing building to a residential use shall not be less than 168 square feet and the number of two-bedroom units on a zoning lot shall not be less than 20 percent.

In addition, the minimum density requirement and the 20 percent, two-bedroom unit requirement set forth in this Section shall apply to any alteration that creates additional dwelling units or additional zero-bedroom units. Alterations that reduce the percentage of apartments that contain two bedrooms are not permitted unless the resulting building meets the 20 percent, two-bedroom requirement.

However, notwithstanding any provision to the contrary contained in this Section, the minimum density requirement and the 20 percent, two-bedroom unit requirement shall not apply to alterations which add a code-complying bathroom, pursuant to Section 27-2063 of the Housing Maintenance Code of the City of New York, to a dwelling unit which is publicly assisted (exclusive of any tax abatement or tax exemption program), and which is administered by a not-for-profit agent.

The City Planning Commission, by special permit, may modify the two-bedroom unit distribution requirement and the density requirement of this Section for an affordable independent residence for seniors or for a residence substantially for elderly persons with disabilities, under jurisdiction of a State or City agency, provided that the following findings are made:

(1)        that such residences are sponsored by a voluntary non-profit organization;

(2)        that the location and size of such facility does not create an undue concentration of dwelling units of this type and community facilities with sleeping accommodations within the immediate area;

(3)        that there are social service, health and related programs for the residents including a maintenance and security plan;

(4)        that on-site recreation areas for the use of the residents are provided; and

(5)        that the proposed residences will not overburden existing public services in the neighborhood.

The Commission may prescribe appropriate conditions or safeguards to minimize the adverse effect of any use permitted under this Section on the residential character of the surrounding area.

(b)        Special provisions for owner-occupied buildings containing residences

For alterations of buildings containing residences,which buildings are owner-occupied and which contain four or fewer dwelling units, the dwelling unit distribution provisions of this Section shall not apply.

Developments, enlargements or extensions of community facility uses or conversions of an existing building to a community facility use, are permitted on zoning lots containing existing buildings with residential uses only pursuant to the provisions of this Section. The City Planning Commission, by special permit, may permit developments, enlargements or extensions of community facility uses, provided that the Commission makes the following findings:

(a)        that the existing building is not eligible for rehabilitation under any active publicly aided program under which funds are available;

(b)        that, prior to evicting or otherwise terminating the occupancy of any tenant preparatory to demolition, the developer shall have notified the Department of Housing Preservation and Development of his or her intention to demolish the building; and

(c)        that the Department of Housing Preservation and Development has issued a certification of no harassment or that the owner has complied with paragraph (d) of Section 96-110.

The Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the surrounding area.

No demolition permit or alteration permit for partial demolition involving a decrease of more than 20 percent in the amount of residential floor area in a building shall be issued by the Department of Buildings for any building containing dwelling units within the Preservation Area, unless it is an unsafe building and demolition is required pursuant to the provisions of Title 28, Chapter 2, Article 216 of the New York City Administrative Code.

However, the City Planning Commission, by a special permit, may allow demolition of buildings containing dwelling units or rooming units other than unsafe buildings within the Preservation Area, provided that the Commission makes the following findings:

(a)        that the existing building:

(1)        is not eligible for rehabilitation under any active publicly-aided program under which funds are available; or

(2)        is to be substantially preserved and requires an alteration permit to allow the removal and replacement of 20 percent or more of the floor area.

(b)        that prior to evicting or otherwise terminating the occupancy of any tenant preparatory to demolition, the owner shall have notified the applicable governmental agency of its intention to demolish the building.

(c)        that the Department of Housing Preservation and Development has issued a certification of no harassment or that the owner has complied with paragraph (d) of Section 96-110; and

(d)        that an acceptable program for development of the zoning lot is submitted to the Commission which indicates that to the extent permitted by the provisions of Section 96-10 (PRESERVATION AREA), the number of new dwelling units to be constructed is at least equal to the number of dwelling units to be demolished and that the floor area of the development containing residences is at least equal to the floor area of the dwelling units to be demolished and that site development will commence within a period of twelve months from completion of relocation.

The Commission may prescribe appropriate conditions and safeguards to ensure that any interim use proposed on the site prior to any construction is in conformance with the purposes of this Special District.

Prior to the issuance of an alteration permit by the Department of Buildings for a material alteration of a multiple dwelling within the Preservation Area, the Department of Housing Preservation and Development shall certify to the Department of Buildings that:

(a)        prior to evicting or otherwise terminating the occupancy of any tenant preparatory to alteration, the owner shall have notified the Commissioner of his or her intention to alter the building; and

(b)        the Department of Housing Preservation and Development has issued a certification of no harassment or that the owner has complied with paragraph (d) of Section 96-110.

However, a permit for alterations may be exempted from the provisions of this Section by written determination of the Department of Housing Preservation and Development that such alterations are to be performed solely for the purpose of either:

(1)        making the public areas of a multiple dwelling accessible to persons with disabilities without altering the configuration of any dwelling unit or rooming unit; or

(2)        making a dwelling unit or a rooming unit accessible to persons with disabilities.

For the purposes of this Section, dwelling unit and rooming unit shall be defined as in Section 96-110.

(a)        Definitions

(1)        Application date

“Application date” shall mean the date that the Department of Housing Preservation and Development accepts a completed application for a certification of no harassment for processing.

(2)        Cure compliance lot

“Cure compliance lot” shall mean a zoning lot on which low income housing is provided pursuant to a restrictive declaration in accordance with the cure provisions of paragraph (d) of this Section. Each cure compliance lot shall be located entirely within the corresponding cure requirement lot.

(3)        Cure requirement

“Cure requirement” shall mean floor area in an amount not less than the greater of:

(i)        28 percent of the total residential and hotel floor area of any multiple dwelling to be altered or demolished in which harassment has occurred; or

(ii)        20 percent of the total floor area of any new or altered building on the cure requirement lot.

Cure requirement shall also mean any cure for harassment that was approved by the City Planning Commission or the Department of Housing Preservation and Development and was permitted by the provisions of this Section prior to December 21, 2005.

        

(4)        Cure requirement lot

“Cure requirement lot” shall mean:

(i)        a zoning lot containing a multiple dwelling with respect to which the Department of Housing Preservation and Development has denied a certification of no harassment; or

 

(ii)        a zoning lot with respect to which an applicant, in lieu of seeking a certification of no harassment which would otherwise be required, elects to seek a certification of compliance with the cure provisions of paragraph (d) of this Section and enters into a restrictive declaration.

(5)        Dwelling unit

“Dwelling unit” shall have the meaning set forth in the Multiple Dwelling Law.

(6)        Exempt hotel

“Exempt hotel” shall mean any multiple dwelling:

(i)        which is a transient hotel and was a transient hotel on the referral date; and

(ii)        in which no residential occupant is, or was on the referral date, entitled to a renewal lease or otherwise entitled to continued occupancy pursuant to the Local Housing Emergency Rent Control Act, as amended, the City Rent and Rehabilitation Law, as amended, the Rent Stabilization Law of 1969, as amended, or the Emergency Tenant Protection Act of 1974, as amended; and

(iii)        which has been exempted from the provisions of this Section by written determination of the Department of Housing Preservation and Development.

(7)        Exempt institutional residence

“Exempt institutional residence” shall mean any multiple dwelling:

(i)        the occupancy of which is restricted to non-profit institutional use and was restricted to non-profit institutional use on the referral date; and

(ii)        which has been exempted from the provisions of this Section by written determination of the Department of Housing Preservation and Development.

(8)        Inquiry period

“Inquiry period” shall mean a period which:

(i)        commences 15 years prior to the application date; and

(ii)        terminates upon the application date;

provided, however, that the Department of Housing Preservation and Development may:

(a)        set such commencement date upon any date which is on or after the referral date, and is more than 15 years prior to the application date where it determines that such extension of the duration of the inquiry period would further the purposes of this Section; and

(b)        extend such termination date up to and including the date upon which the Department of Housing Preservation and Development determines to grant or deny a certification of no harassment.

(9)        Low income housing

“Low income housing” shall mean dwelling units or rooming units occupied or to be occupied by persons or families having an annual household income at the time of initial occupancy equal to or less than 80 percent of the median income for the primary metropolitan statistical area, as determined by the United States Department of Housing and Urban Development or its successors from time to time for a family of four, as adjusted for family size.

(10)        Referral date

“Referral date” shall mean September 5, 1973.

(11)        Restrictive declaration

“Restrictive declaration” shall mean a legal instrument which:

(i)        provides that low income housing in an amount not less than the cure requirement shall be provided in a new or altered multiple dwelling on the cure compliance lot;

(ii)        provides that the low income housing must comply with the requirements of Section 23-90 for rental affordable housing provided without public funding, as amended by this Chapter, unless any such requirement is waived by the Department of Housing Preservation and Development. However, in the Preservation Area, paragraph (c) of Section 23-96 (Requirements for Generating Sites or MIH Sites), shall be inapplicable and in its place and stead, paragraph (a) of Section 96-105 (Dwelling unit regulations) shall be applicable;

(iii)        contains such other terms as the Department of Housing Preservation and Development shall determine;

(iv)        has been approved by the Department of Housing Preservation and Development;

(v)        runs with the land and binds all parties in interest to the cure requirement lot and their successors;

(vi)        runs with the land and binds all parties in interest to the cure compliance lot and their successors; and

(vii)        is perpetual in duration.

(12)        Rooming unit

Rooming unit shall have the meaning set forth in the Housing Maintenance Code.

(b)        Permit Process

(1)        Unless the Department of Housing Preservation and Development has issued a certification of no harassment pursuant to paragraph (c) of this Section or has certified compliance with the cure provisions of paragraph (d) of this Section, no permit may be issued by the Department of Buildings pursuant to Sections 96-109 or 96-24, and no special permit may be granted by the City Planning Commission pursuant to Sections 96-107 or 96-108.

(2)        The following structures shall be exempt from the provisions of this Section:

(i)        any city-owned multiple dwelling;

(ii)        any multiple dwelling which is the subject of a program approved by the Department of Housing Preservation and Development for the provision of housing for persons of low or moderate income and has been exempted from the provisions of this Section by written determination of the Department of Housing Preservation and Development;

(iii)        any multiple dwelling initially occupied for residential purposes after January 1, 1974, except for buildings which are or have been interim multiple dwellings pursuant to Article 7C of the Multiple Dwelling Law;

(iv)        any exempt hotel;

(v)        any multiple dwelling in which occupancy is restricted to clubhouse or school dormitory use and occupancy was restricted to clubhouse or school dormitory use on the referral date; and

(vi)        any exempt institutional residence.

(3)        Where the Department of Housing Preservation and Development has denied a certification of no harassment with respect to a multiple dwelling, the Department of Buildings shall not issue any permit with respect to any multiple dwelling or other building located on, or to be located on, the cure requirement lot except in accordance with paragraph (d) of this Section.

(c)        Certification of No Harassment

(1)        The Department of Housing Preservation and Development shall determine and certify whether there has been harassment of the lawful occupants of a multiple dwelling during the inquiry period.

(2)        There shall be a rebuttable presumption that harassment occurring within the inquiry period was committed by or on behalf of the owner of such multiple dwelling and that such harassment:

(i)        was committed with the intent to cause a person lawfully entitled to occupancy of a dwelling unit or rooming unit in such multiple dwelling to vacate such unit or to surrender or waive a right in relation to such occupancy; and

(ii)        materially advanced the demolition or alteration in furtherance of which the permit and certification of no harassment are sought.

 

(3)        The Department of Housing Preservation and Development may promulgate rules regarding the implementation of this Section. Such rules may include, but shall not be limited to, provisions which:

 

(i)        establish the information to be required in an application for certification of no harassment, the form of such application, and the manner of filing of such application;

 

(ii)        establish reasonable fees and charges to be collected from applicants for the administrative expenses incurred by the Department of Housing Preservation and Development including, but not limited to, costs for publication of any notices;

 

(iii)        establish the duration for which a certification of no harassment will remain effective; and

 

(iv)        authorize the recission of a certification of no harassment if the Department of Housing Preservation and Development finds either that harassment has occurred after the inquiry period or that the application for such certification of no harassment contained a material misstatement of fact. Following such recission, the Department of Buildings may revoke any permit for which such certification of no harassment was required.

(4)        The Department of Housing Preservation and Development may refuse to accept, or to act upon, an application for a certification of no harassment where the Department of Housing Preservation and Development finds that:

(i)        taxes, water and sewer charges, emergency repair program charges, or other municipal charges remain unpaid with respect to such multiple dwelling;

(ii)        such multiple dwelling has been altered either without proper permits from the Department of Buildings or in a way that conflicts with the certificate of occupancy for such multiple dwelling (or, where there is no certificate of occupancy, any record of the Department of Housing Preservation and Development indicating the lawful configuration of such multiple dwelling) and such unlawful alteration remains uncorrected; or

(iii)        the Department of Housing Preservation and Development has previously denied an application for a certification of no harassment pursuant to this Section.

(5)        If the Department of Housing Preservation and Development determines that an application for a certification of no harassment contains a material misstatement of fact, the Department of Housing Preservation and Development may reject such application and bar the submission of a new application with respect to such multiple dwelling for a period not to exceed three years.

(6)        Before determining whether there is reasonable cause to believe that harassment has occurred with respect to any multiple dwelling, the Department of Housing Preservation and Development shall publish a notice in such form and manner as shall be specified in the rules promulgated pursuant to paragraph (c)(3) of this Section. Such notice shall seek public comment regarding whether there has been harassment of the lawful occupants of such multiple dwelling from the referral date to the date of submission of comments. If the Department of Housing Preservation and Development receives comments containing material evidence that harassment occurred on or after the referral date and more than 15 years prior to the application date, the Department of Housing Preservation and Development shall, in accordance with paragraph (a)(8) of this Section, set the commencement of the inquiry period on a date prior to the date of such alleged harassment.

(7)        The Department of Housing Preservation and Development shall determine whether there is reasonable cause to believe that harassment has occurred during the inquiry period.

(i)        If there is no reasonable cause to believe that harassment has occurred during the inquiry period, the Department of Housing Preservation and Development shall issue a certification of no harassment.

(ii)        If there is reasonable cause to believe that harassment has occurred during the inquiry period, the Department of Housing Preservation and Development shall cause a hearing to be held in such manner and upon such notice as shall be determined by the Department of Housing Preservation and Development, unless the applicant waives the right to a hearing. Following receipt of the report and recommendation of the hearing officer, or receipt of a waiver of the right to such a hearing from the applicant, the Department of Housing Preservation and Development shall either grant or deny a certification of no harassment.

(8)        The Department of Housing Preservation and Development may deny a certification of no harassment without a prior hearing if there has been a finding by the Division of Housing and Community Renewal or any court having jurisdiction that there has been harassment, unlawful eviction or arson at the multiple dwelling during the inquiry period.

(d)        Certification of Cure for Harassment

(1)        The Department of Housing Preservation and Development shall not certify compliance with the cure provisions of this paragraph to the Department of Buildings unless all parties in interest to the cure requirement lot and all parties in interest to the cure compliance lot have entered into a restrictive declaration.

(2)        Any permit or certificate of occupancy issued by the Department of Buildings with respect to any structure located on a cure requirement lot or a cure compliance lot shall be subject to the following conditions:

(i)        The Department of Buildings shall not issue any permit, except a permit for an alteration which is not a material alteration, with respect to any structure located on the cure requirement lot unless the restrictive declaration has been recorded in the Office of the City Register and indexed against each tax lot within the cure requirement lot and each tax lot within the cure compliance lot.

(ii)        The Department of Buildings shall not issue any temporary or permanent certificate of occupancy for any new or existing structure or portion thereof on the cure requirement lot, other than any low income housing located on the cure requirement lot, until:

(a)        the Department of Housing Preservation and Development certifies that the low income housing required by the restrictive declaration has been completed in compliance with the restrictive declaration; and

(b)        the Department of Buildings has issued a temporary or permanent certificate of occupancy for each unit of such low income housing.

(iii)        The Department of Buildings shall include the occupancy restrictions of the restrictive declaration in any temporary or permanent certificate of occupancy for any new or existing structure or portion thereof on the cure compliance lot. Failure to comply with the terms and conditions set forth in the restrictive declaration shall constitute a violation, and a basis for revocation, of any certificate of occupancy containing such restriction.

(iv)        The Department of Buildings shall include the occupancy restrictions of the restrictive declaration in any temporary or permanent certificate of occupancy for any new or existing structure or portion thereof on the cure requirement lot, except where the management and operation of the cure compliance lot is wholly controlled by, and the restrictive declaration requires that management and operation of the cure compliance lot remain wholly controlled by, an independent not-for-profit administering agent that is not affiliated with the owner of the cure requirement lot. Failure to comply with the terms and conditions set forth in the restrictive declaration shall constitute a violation, and a basis for revocation, of any certificate of occupancy containing such restriction.

(3)        No portion of the low income housing required under this Section shall qualify to:

(i)        increase the floor area ratio pursuant to Section 96-21 (Special Regulations for 42nd Street Perimeter Area); Section 96-22 (Special Regulations for Eighth Avenue Perimeter Area); any floor area ratio increase provision of the Special Garment Center District, Special Hudson Yards District, Special West Chelsea District; or Section 23-90; or

(ii)        satisfy an eligibility requirement of any real property tax abatement or exemption program with respect to any multiple dwelling that does not contain such low income housing.

Accessory off-street parking spaces, public parking lots or public parking garages are not permitted within the Preservation Area except by the applicable special permit in Section 13-45 (Special Permits for Additional Parking Spaces), inclusive.

In addition, the Commission shall find that:

(a)        the property has been or will be vacated pursuant to the provisions of Section 96-108; and

(b)        the applicant has followed the relocation procedures set forth in Section 96-24.

Developments or enlargements within the Perimeter Area shall be eligible for increased floor area only pursuant to Sections 96-21 (Special Regulations for 42nd Street Perimeter Area) or 96-22 (Special Regulations for Eighth Avenue Perimeter Area). Because of increased pressures for development, the relocation and demolition provisions of Section 96-24 (Relocation and Demolition of Buildings in the Perimeter Area) shall apply therein for all demolition, development, enlargement or extensions on lots containing residential uses. All existing legal uses in enclosed buildings shall be considered conforming uses. Except as otherwise provided in this Chapter, any existing commercial or manufacturing uses may be changed to another non-conforming use only in accordance with the provisions of Sections 52-31 (General Provisions), 52-33 (Manufacturing or Related Uses in Residence Districts), 52-34 (Commercial Uses in Residence Districts), 52-35 (Manufacturing or Related Uses in Commercial Districts) and 52-36 (Non-conforming Commercial Uses in Commercial Districts).

The provisions of this Section shall apply in all Commercial Districts within the area bounded by the following:

Starting 150 feet west of Eighth Avenue, south to the southern boundary of West 41st Street, west to the east side of Twelfth Avenue, north along the eastern border of Twelfth Avenue to 43rd Street, east on West 43rd Street to the eastern side of Tenth Avenue, south along Tenth Avenue to the southern boundary of West 42nd Street, east on West 42nd Street to Ninth Avenue, north along the western boundary of Ninth Avenue to the midblock of 42nd/43rd Street, east to a point 150 feet west of Eighth Avenue, south to the southerly boundary of 41st Street.

(a)        Special use regulations

In the 42nd Street Perimeter Area, as shown in Appendix A of this Chapter, the following special use regulations shall apply:

(1)        Offices

Any development or enlargement that includes Use Group 6B offices developed or enlarged after January 19, 2005, shall be permitted only pursuant to Section 93-13 (Special Office Use Regulations).

(2)        Automobile showrooms and repairs

In Subarea 1, on the block bounded by Twelfth Avenue, West 43rd Street, Eleventh Avenue and West 42nd Street, automobile showrooms or sales, with vehicle storage, preparation of automobiles for delivery, and automobile repairs may be permitted within a completely enclosed building, below the level of any floor occupied by dwelling units, provided that:

(i)        access for automobiles to the portions of the building to be used for vehicle storage, preparation of automobiles for delivery, and automobile repairs shall be located on West 43rd Street;

(ii)        areas within the building used for vehicle storage, preparation of automobiles for delivery, or automobile repairs shall not be used for accessory parking for other uses on the zoning lot; except that such areas may be accessed from a curb cut, vehicular ramp, or vehicle elevator that also serves an accessory group parking facility; and

(iii)        the portions of the building used for the preparation of automobiles for delivery and automobile repairs shall be located entirely in a cellar level.

(b)        Floor area regulations

(1)        Floor area regulations in Subarea 1

In Subarea 1 of the 42nd Street Perimeter Area as shown in Appendix A, the basic floor area ratio on a zoning lot shall be 10.0, and may be increased to a maximum of 12.0 only in accordance with the provisions of Section 23-154 (Inclusionary Housing), except that any units for which a floor area increase has been earned, pursuant to Section 23-154 shall be within the Special Clinton District.

(2)        Floor area regulations in Subarea 2

In Subarea 2 of the 42nd Street Perimeter Area, as shown in Appendix A, the basic floor area ratio on a zoning lot shall be 10.0. However, the floor area ratio on a zoning lot containing residential use may exceed 10.0 to a maximum of 12.0 only in accordance with the provisions of Section 23-154, except that any units for which a floor area increase has been earned pursuant to Section 23-154 shall be within the Special Clinton District. For zoning lots containing developments or enlargements that have fully utilized the Inclusionary Housing Program, the maximum permitted floor area ratio may be increased from 12.0 to 15.0 for new legitimate theater use in accordance with the provisions of Section 96-25 (Floor Area Bonus for New Theater Use).

Any development or enlargement on a zoning lot that includes the area bounded by a line 129 feet east of and parallel to Tenth Avenue, West 42nd Street, a line 184 feet east of and parallel to Tenth Avenue, and a line 50 feet south of and parallel to West 42nd Street shall provide an easement or other agreement for public access to the subway mezzanine or station, as illustrated on the District Map in Appendix A of this Chapter.

An instrument establishing such transit easement or other agreement shall be filed and duly recorded in the Borough Office of the City Register of the City of New York, and indexed against the property.

Floor space within the volume governed by such transit easement or other agreement shall be excluded from the definition of floor area, and may be temporarily used by the owner of the zoning lot for any permitted uses until such time as required by the Metropolitan Transportation Authority or by its designee for subway purposes. Improvements or construction of a temporary nature within the volume governed by such transit easement or other agreement for such temporary uses shall be removed by the owner of the zoning lot prior to the time at which public use of the volume area is required. A minimum notice of six months in writing shall be given by the Metropolitan Transportation Authority to the owner of the zoning lot in order to vacate the tenants of such temporary uses.

The provisions of paragraph (b) of Section 93-65 (Transit Facilities) shall apply to any subway-related uses consisting of ventilation facilities and other facilities or services used or required in connection with the operation of a subway line or station on the tax lot located at Block 1051, Lot 2, existing on October 27, 2010, up to a height of 73 feet, as illustrated on the District Map in Appendix A of this Chapter.

(3)        Additional regulations for Subareas 1 and 2

In Subareas 1 and 2, for zoning lots containing a building that is developed or enlarged pursuant to the applicable tower regulations of Section 35-64 (Special Tower Regulations for Mixed Buildings), the provisions of paragraph (a)(2) of Section 23-16 (Special Floor Area and Lot Coverage Provisions for Certain Areas) shall apply:

(i)        to only the residential portion of a building where less than 75 percent of the total floor area of such building is allocated to residential use; and

(ii)        to the entire building where 75 percent or more of the total floor area of such building is allocated to residential use.

(c)        Retail continuity requirements

For buildings developed or portions of buildings enlarged after August 17, 1990, where the ground floor level of such development or the enlarged portion of the building fronts upon West 42nd Street, between Ninth and Twelfth Avenues:

(1)        at least 50 percent of the street frontage of stories that have a floor level within five feet of curb level shall be limited to Use Groups 4A, 6A, 6C, 10A, 11, 12A and 12B; and

(2)        the length of the facade of such street wall fronting on West 42nd Street shall be glazed in accordance with the provisions of Section 37-34 (Minimum Transparency Requirements).

(d)        Street wall continuity requirements

(1)        At least 80 percent of the aggregate width of street walls of a building fronting on West 42nd Street, up to a height of 45 feet, shall be located within 10 feet of the street line of such street.

(2)        The minimum height of the street wall of a building above curb level shall be no less than 45 feet, or the height of the building, whichever is less, and no more than 85 feet. Above this required height, the street wall of a building shall set back at least five feet. The requirements of this paragraph shall also apply to any building on a wide street frontage within a distance of 50 feet from its intersection with West 42nd Street.

(e)        Pedestrian circulation space        

Within Subarea 2 of the 42nd Street Perimeter Area, as shown in Appendix A, pedestrian circulation space shall be provided in accordance with the provisions of Section 37-50. In addition, for developments or enlargements that provide subway entranceways constructed after December 21, 2005, one and one-half times the area of such entranceway accessible to the public at street level may qualify as pedestrian circulation space, up to a maximum amount of 3,000 square feet.

(f)        Special curb cut and parking provisions

No curb cuts shall be permitted on 42nd Street. The parking provisions of the Special Hudson Yards District shall apply within the 42nd Street Perimeter Area, as set forth in Section 93-80 (OFF-STREET PARKING REGULATIONS), except that such parking provisions shall not apply to any development or enlargement for which a special permit was granted prior to January 19, 2005.

Any development or enlargement for which a building permit has been lawfully issued prior to December 31, 2004, shall comply with either the parking regulations in effect at the time the permit was issued, or the provisions of this paragraph (f).

For zoning lots, or portions thereof, located in an area bounded by a line 150 feet west of Eighth Avenue, West 56th Street, Eighth Avenue and West 45th Street, excluding such area between West 49th and West 50th Streets, the floor area ratio permitted by the underlying district may be increased from 10.0 to 12.0 only pursuant to Section 23-90 (INCLUSIONARY HOUSING), except that any units for which a floor area increase has been earned pursuant to Section 23-90 shall be within the Special Clinton District.

All developments or enlargements located in an area bounded by a line 150 feet west of Eighth Avenue, West 45th Street, Eighth Avenue and West 42nd Street shall comply with special regulations set forth in Article VIII, Chapter 1 (Special Midtown District), including Sections 81-21 (Floor Area Ratio Regulations) and 81-70 (SPECIAL REGULATIONS FOR THEATER SUBDISTRICT). For developments or enlargements that utilize a floor area increase pursuant to the Inclusionary Housing Program of Section 23-90, any units for which a floor area increase has been earned shall be within the Special Clinton District.

Except within the Eighth Avenue Perimeter Area set forth in Section 96-22, the City Planning Commission, by special permit, may permit modification of height and setback regulations for developments or enlargements which have generated an increase in the floor area ratio of not more than 2.0 under the provisions of Section 96-21 (Special Regulations for 42nd Street Perimeter Area), provided that such modification is necessary to achieve better site planning.

The Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the surrounding area.

Prior to the issuance by the Department of Buildings of a demolition permit or a permit for any development, enlargement or extension on any zoning lot containing residential uses within the Perimeter Area, the Department of Housing Preservation and Development shall certify to the Department of Buildings:

(a)        that prior to evicting or otherwise terminating the occupancy of any tenant in connection with vacating any building, the developer shall have notified the Department of Housing Preservation and Development of plans for the relocation of tenants which shall:

(1)        to the extent possible provide for the relocation of tenants within the Clinton District; and

(2)        provide for the satisfaction of all the requirements for the issuance of a certificate of eviction under applicable rent control and rent stabilization regulations of the State of New York; and

(b)        that the developer has complied with the relocation plan submitted pursuant to paragraph (a) of this Section and that the Department of Housing Preservation and Development has issued a certification of no harassment, or that the owner has complied with paragraph (d) of Section 96-110.

Within Subarea 2 of the 42nd Street Perimeter Area as shown in Appendix A of this Chapter, for developments or enlargements located within the area bounded by West 42nd Street, Dyer Avenue, West 41st Street and Eleventh Avenue that have fully utilized a floor area increase pursuant to Section 23-90 (INCLUSIONARY HOUSING), the floor area ratio may be increased from 12.0 to a maximum of 15.0, provided that for every three square feet of bonused floor area, one square foot of such bonused floor area shall be used for new “performance space,” which, for the purposes of this Section, shall mean space to be used as a legitimate theater or for non-profit performing arts use. Such bonused floor area shall be permitted only upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings, after referral for review and receipt of recommendations from the applicable Community Board, that the following conditions have been met:

(a)        all floor area for any performance space for which a bonus is received pursuant to this Section, shall be limited to floor space exclusively associated with legitimate theater or non-profit performing arts use, including auditorium, orchestra, balconies, stage and theater equipment space, wings, dressing rooms, rehearsal space, lobbies, ticket offices, restrooms and circulation space. Any other use of the bonused performance space shall not comprise more than 25 percent of the total floor area of such performance space;  

(b)        such performance space shall be designed, arranged and used for live performances and rehearsals of drama, music or dance and shall have at least 100 and no more than 299 seats. If there is more than one performance space, each shall have at least 100 seats, and adjacent performance spaces may be designed in a manner that allows for their combination into a single performance space provided such combined space has no more than 299 seats. Performance space for which a bonus is received pursuant to this Section, shall only be used for non-profit performing arts use provided the development or enlargement contains at least two performance spaces used exclusively for performances of legitimate theater;

(c)        a letter from the Department of Cultural Affairs shall be submitted, certifying that:

(1)        a signed lease has been provided from the prospective operator of the performance space, or a written commitment from the owner of the performance space if such owner is also the operator, for occupancy of the performance space and its operation as a legitimate theater or non-profit performing arts space for a period of not less than five years, pursuant to an operating plan and program therefor;

(2)        the proposed operator of the performance space has the fiscal and managerial capacity to successfully operate such space;

(3)        preliminary design plans have been provided to the Department of Cultural Affairs for the performance space, which include sufficient detail regarding core, shell, structural and mechanical systems, as necessary to ensure that such performance space will operate efficiently for its intended use;

(4)        a written commitment has been provided ensuring that there are financial resources available for the timely completion of the identified scope of work; and

(5)        the proposed operator of the performance space will have a program of regularly scheduled presentations that are open to the public.

(d)        a legal commitment has been provided for inspection and ongoing maintenance of the performance space to ensure its continued availability for use as a legitimate theater or non-profit performing arts space. Such inspection shall be conducted every five years by a licensed engineer or architect, and a report issued to the Chairperson of the City Planning Commission, the Commissioner of the Department of Cultural Affairs and the applicable Community Board. Such report shall describe the condition of the performance space and identify any maintenance or repair work necessary to ensure the physical and operational soundness of the performance space and establish a plan and program for such work, including providing that adequate resources be made available to ensure timely completion of such maintenance or repair work; and

(e)        a legal commitment has been provided for continuance of the use of all floor area in the bonused performance space as legitimate theater or non-profit performing arts space and providing that in the event of a change of operator, as defined by the Commissioner of the Department of Cultural Affairs, the owner or operator shall obtain a new letter certifying that the provisions of paragraphs (c)(1), (c)(2) and (c)(3) of this Section have been met as to the proposed operator and, where substantial renovation of the performance space, as defined by the Commissioner of the Department of Cultural Affairs, is being proposed in conjunction with the change of operator, that the provisions of paragraphs (c)(3) and (c)(4) of this Section have been met as to such substantial renovation. Any application or submission with respect to a change in operator made pursuant to the provisions of such legal commitment, shall be referred to the affected Community Board. The Commissioner of the Department of Cultural Affairs shall not issue a letter with respect to such application prior to 45 days after such referral. Such legal commitment shall also prohibit use as an adult establishment for the life of the related development or enlargement.

Such legal commitments shall be in the form of a declaration of restrictions, filed and duly recorded in the Borough Office of the Register of the City of New York, binding upon the owner and any lessee of the performance space and their successors and assigns, a certified copy of which shall be submitted to the Chairperson of the City Planning Commission. The filing of such declaration and the posting of any bond or other security required by the Chairperson under the terms of such declaration, and receipt of a certified copy of such declaration, shall be preconditions to issuance of any building permit, including any foundation or alteration permit, for any development or enlargement.

The owner shall not apply for or accept a temporary certificate of occupancy for that portion of the development or enlargement identified under the terms of the declaration of restrictions as utilizing the increased floor area permitted pursuant to this Section, and the Department of Buildings shall not issue a temporary certificate of occupancy for such portion of the development or enlargement, until the Commissioner of the Department of Cultural Affairs has certified that the performance space is substantially complete, which shall, for this purpose, mean that such performance space is usable by the public.

The owner shall not apply for or accept a permanent certificate of occupancy for the development or enlargement, nor shall the Department of Buildings issue a permanent certificate of occupancy for the development or enlargement, until the performance space has been finally completed in accordance with the approved plans and such final completion has been certified by the Commissioner of the Department of Cultural Affairs. The declaration of restrictions shall be noted on any temporary or final certificate of occupancy for the building.

 

Notwithstanding the foregoing, the Chairperson of the City Planning Commission may accept a declaration of restrictions or in the case of a certification issued by the Chairperson prior to January 28, 2009, a modified declaration of restrictions, which shall allow the owner to apply for and accept, and the Department of Buildings to issue, temporary and permanent certificates of occupancy for the portion of the development or enlargement which utilizes the increased floor area permitted pursuant to this Section prior to substantial or final completion of the performance space, as the case may be, provided that, under the terms of such declaration of restrictions or modified declaration of restrictions, the owner shall not apply for or accept temporary certificates of occupancy for any such portion of the development or enlargement unless and until the Commissioner of the Department of Cultural Affairs has certified that the core and shell of the performance space has been completed in accordance with a core and shell agreement accepted by the Commissioner, and that ownership of the performance space has been transferred to the prospective operator.

In the event of a transfer of ownership of the performance space, certification pursuant to paragraph (c)(1) of this Section, shall not require the provision of the signed lease or written commitment described therein, and the operating plan and program for the performance space shall be provided by the prospective owner.

Any application for certification of a floor area bonus for theater use, pursuant to this Section, shall be referred to the affected Community Board, the local Council Member and the Borough President of Manhattan. The Chairperson of the City Planning Commission shall not grant any such certification prior to 45 days after such referral.

96-30

OTHER AREAS

In Area C, the regulations of the underlying districts shall apply, except as otherwise set forth in this Section, inclusive. The boundaries of Northern Subarea C1 and Western Subarea C2 are shown on the District Map in Appendix A of this Chapter.

(a)        In R8 Districts, other than R8A Districts, in Western Subarea C2, including Commercial Districts mapped within such R8 Districts, the following special regulations shall apply:

(1)        the provisions of Sections 96-101 (Floor area regulations) and 96-104 (Height and setback regulations); and

(2)        the provisions of Section 96-102 (Lot coverage regulations), except that for all portions of a zoning lot located in Other Areas and more than 100 feet from the street line of a wide street, the maximum lot coverage shall not exceed 70 percent of the portion of the zoning lot in Other Areas.

(b)        In R8A Districts in Western Subarea C2, including Commercial Districts mapped within such R8A Districts, the following special regulations shall apply:

(1)        Inclusionary Housing Program

(i)        R8A Districts in Other Areas, west of Tenth Avenue, shall be Inclusionary Housing designated areas, pursuant to Section 12-10 (DEFINITIONS), for the purpose of making the Inclusionary Housing Program regulations of Section 23-90, inclusive, applicable as modified within the Special District.

Within such Inclusionary Housing designated areas, the maximum floor area ratio for any zoning lot containing a residential use shall not exceed a base floor area ratio of 5.4, except that such base floor area ratio may be increased to a maximum floor area ratio of 7.2 through the provision of affordable housing, pursuant to the provisions relating to Inclusionary Housing designated areas in Sections 23-154 and 23-90. However, any units for which a floor area increase has been earned, pursuant to Section 23-154 shall be located within the Special Clinton District.

(ii)        Optional provisions for affordable housing

For developments or enlargements located within the blocks bounded by West 51st Street, Eleventh Avenue, West 53rd Street and Tenth Avenue, the special optional regulations as set forth in paragraph (b)(1)(ii) of this Section, may modify the provisions of Section 23-154.

The residential floor area of a development or enlargement may be increased by 0.833 square feet for each one square foot of moderate income floor area, or by 0.625 square feet for each one square foot of middle income floor area, provided that for each square foot of such floor area compensation, there is one square foot of floor area compensation, pursuant to Section 23-154. However, the amount of affordable housing required to receive such floor area compensation need not exceed the amounts specified as follows. If affordable housing is provided for both low income and moderate income households, the amount of moderate income floor area need not exceed 15 percent of the total floor area, exclusive of ground floor non-residential floor area, on the zoning lot, provided that the amount of low income floor area is at least 10 percent of the total floor area, exclusive of ground floor non-residential floor area, on the zoning lot. If affordable housing is provided for both low income and middle income households, the amount of middle income floor area need not exceed 20 percent of the total floor area, exclusive of ground floor non-residential floor area, on the zoning lot, provided that the amount of low income floor area is at least 10 percent of the total floor area, exclusive of ground floor non-residential floor area, on the zoning lot.

For the purposes of this paragraph (b)(1)(ii), low income floor area may be considered moderate income floor area or middle income floor area, and moderate income floor area may be considered middle income floor area.

(2)        Special use and bulk regulations for existing electrical utility substations

Electrical utility substations, operated for public utility purposes, existing on June 14, 2011, and located wholly or partially within the portion of Western Subarea C2 east of Eleventh Avenue, shall be considered conforming uses that are subject to the bulk regulations of the underlying district and the use regulations of an M1-5 District. Any change of use on a zoning lot occupied by any such electrical utility substation shall be permitted only pursuant to the regulations of the underlying district. In the event any such electrical utility substation is damaged or destroyed, in whole or in part, by any means, including demolition, the provisions of Section 54-40 (DAMAGE OR DESTRUCTION IN NON-COMPLYING BUILDINGS) shall not apply and such electrical utility substation may be reconstructed, provided that such reconstruction shall not create a new non-compliance nor increase the degree of non-compliance with the applicable bulk regulations. However, in the event there is a complete cessation of use of the zoning lot as an electrical utility substation for a continuous period of five years, such electrical utility substation shall no longer be considered a conforming use on such zoning lot.

In R9 Districts in Western Subarea C2, the provisions of Section 23-66 (Height and Setback Requirements for Quality Housing Buildings) for R9A Districts shall apply to all buildings or other structures. In Commercial Districts mapped within R9 Districts in Western Subarea C2, the provisions of Section 35-65 (Height and Setback Requirements for Quality Housing Buildings) for C2-7A Districts shall apply to all buildings or other structures. Notwithstanding the provisions of paragraph (c) of Section 23-011 (Quality Housing Program), in all such R9 Districts and Commercial Districts mapped within such R9 Districts, the provisions of paragraph (b) of Section 23-011 shall apply.

(a)        Inclusionary Housing Program

(1)        R9 Districts in Other Areas, west of Tenth Avenue, shall be Inclusionary Housing designated areas pursuant to Section 12-10 (DEFINITIONS) for the purpose of making the Inclusionary Housing Program regulations of Section 23-90, inclusive, applicable as modified within the Special District.

Within such Inclusionary Housing designated area, the maximum floor area ratio for any zoning lot containing a residential use shall not exceed a base floor area ratio of 6.0, except that such base floor area ratio may be increased to a maximum floor area ratio of 8.0 through the provision of affordable housing, pursuant to the provisions relating to Inclusionary Housing designated areas in Sections 23-154 (Inclusionary Housing) and 23-90. However, any units for which a floor area increase has been earned pursuant to Section 23-154 shall be located within the Special Clinton District.

(2)        Optional provisions for large-scale general developments within Western Subarea C2

For developments or enlargements located within the blocks bounded by West 51st Street, Eleventh Avenue, West 53rd Street and Tenth Avenue, the special optional regulations as set forth in paragraph (a)(2) of this Section may modify the provisions of Section 23-154.

The residential floor area of a development or enlargement may be increased by 0.833 square feet for each one square foot of moderate income floor area, or by 0.625 square feet for each one square foot of middle income floor area, provided that for each square foot of such floor area compensation, there is one square foot of floor area compensation, pursuant to Section 23-154. However, the amount of affordable housing required to receive such floor area compensation need not exceed the amounts specified as follows. If affordable housing is provided for both low income and moderate income households, the amount of moderate income floor area need not exceed 15 percent of the total floor area, exclusive of ground floor non-residential floor area, on the zoning lot, provided that the amount of low income floor area is at least 10 percent of the total floor area, exclusive of ground floor non-residential floor area, on the zoning lot. If affordable housing is provided for both low income households and middle income households, the amount of middle income floor area need not exceed 20 percent of the total floor area, exclusive of ground floor non-residential floor area, on the zoning lot, provided that the amount of low income floor area is at least 10 percent of the total floor area, exclusive of ground floor non-residential floor area, on the zoning lot.

For the purposes of this paragraph (a)(2), low income floor area may be considered moderate income floor area or middle income floor area, and moderate income floor area may be considered middle income floor area.

(b)        Uses in Western Subarea C2 located within a large-scale general development

(1)        In a C2-5 District mapped within an R9 District within Western Subarea C2, the following uses, when located wholly within a large-scale general development, shall be considered permitted uses:

From Use Group 8:

Lumber stores, with no limitation on floor area

From Use Group 10:

Photographic or motion picture production studios

From Use Group 12:

Art galleries, commercial

From Use Group 13:

Theaters

From Use Group 16:

Automotive service establishments

From Use Group 17:

Scenery construction.

(2)        Uses permitted pursuant to paragraph (b)(1) shall be subject to the commercial bulk regulations of Article III, that are applicable to a C2-5 District mapped within an R9 District.

(3)        The supplemental use provisions of Section 32-421 shall not apply to commercial uses located in a building with frontage on West 52nd Street.

(c)        Height and setback modification

For any development or enlargement subject to the provisions of Section 74-681 (Development within or over a railroad or transit right-of-way or yard), the City Planning Commission may permit the modification of the applicable height and setback regulations, the open area planting requirements of Section 23-892 (In R6 through R10 Districts), and the permitted obstructions in rear yard or rear yard equivalent regulations of Section 23-44, provided that:

(1)        such modification of height and setback regulations will:

(i)        result in a building that has a maximum building height of 155 feet;  

(ii)        result in a better distribution of bulk on the zoning lot; and

(iii)        permit adequate access of light and air to surrounding streets and adjacent properties;

(2)        such modification of planting requirements will facilitate access to Department of Transportation bridge structures, and the area between the street wall and street line of the buildings shall be improved with moveable planters; and

(3)        any obstruction permitted in a rear yard or rear yard equivalent pursuant to this Section is necessary to accommodate the ventilation needs of a railroad or transit facility. In addition, such obstruction shall be fully screened by a landscaped strip at least four feet wide, densely planted with evergreen shrubs at least four feet high at time of planting, and of a type that is expected to form a year-round dense screen at least six feet high within three years. Such screening shall be maintained in good condition at all times.

The Commission may prescribe appropriate conditions and safeguards to minimize any adverse effects on the character of the surrounding area.

The provisions of Section 52-77 (Termination of Adult Establishments) shall not apply to any adult establishment that located within the Special Clinton District after October 25, 1995, and prior to May 11, 2011, and which, as of May 11, 2011, and June 14, 2011, was an existing use and conformed to all provisions of Section 42-01 (Special Provisions for Adult Establishments) applicable to M2-4 Districts.

In M2-4 Districts in Western Subarea C2, the underlying height and setback regulations shall apply as modified by the following special bulk regulations.

For all buildings or other structures, the street wall of a building shall rise without setback to a minimum base height of 50 feet, or the height of the building, whichever is less, and a maximum base height of 95 feet. No portion of a building shall exceed a height of 135 feet and no sky exposure plane shall apply.

On wide streets, and on narrow streets within 50 feet of their intersection with a wide street, the street wall shall be located on the street line and extend along such entire street frontage of the zoning lot up to at least the minimum base height.

On narrow streets beyond 50 feet of their intersection with a wide street, the street wall shall be located on the street line and extend along at least 70 percent of the narrow street frontage of the zoning lot up to at least the minimum base height.

Where street walls are required to be located on the street line, recesses, not to exceed three feet in depth from the street line, shall be permitted on the ground floor where required to provide access to the building. Above a height of 12 feet, up to 30 percent of the aggregate width of street walls may be recessed beyond the street line, provided any such recesses deeper than 10 feet along a wide street, or 15 feet along a narrow street, are located within an outer court. Furthermore, no recesses shall be permitted within 30 feet of the intersection of two street lines except that, to allow articulation of street walls at the intersection of two street lines, the street wall may be located anywhere within an area bounded by the two street lines and a line connecting such street lines at points 15 feet from their intersection.

Within Northern Subarea C1, Special Use Regulations Areas C1-1 and C1-2, as shown on the map in Appendix A of this Chapter, are subject to the special use regulations of this Section. In addition, the special Inclusionary Housing regulations set forth in this Section shall apply in Area C1-1.

(a)        Inclusionary Housing Program

The boundaries of the Inclusionary Housing designated area within the Special Clinton District are shown on Map 2 in Manhattan Community District 4, in
APPENDIX F of this Resolution. Such area shall be an Inclusionary Housing designated area, pursuant to Section 12-10 (DEFINITIONS), for the purpose of making the Inclusionary Housing Program regulations of Section 23-90, inclusive, applicable as modified within the Special District.

Within such Inclusionary Housing designated area the following special regulations shall apply. The residential floor area of the zoning lot may be increased by 1.25 square feet for each square foot of low income floor area provided, or by 0.625 square feet for each one square foot of middle income floor area provided, up to the maximum floor area set forth in Section 23-154 (Inclusionary Housing). However, the amount of low income floor area plus half the amount of middle income floor area required to receive such floor area compensation need not exceed 20 percent of the total floor area, exclusive of ground floor non-residential floor area on the compensated zoning lot, provided that no more than 8,000 square feet of middle income floor area may be included within this calculation.

(b)        Special use regulations

(1)        In Special Use Regulations Areas C1-1 and C1-2, the following uses shall be permitted below the level of the lowest floor occupied by dwelling units:

(i)        automobile showrooms or sales with preparation of automobiles for delivery; and

(ii)        automobile repairs.

(2)        Transient hotels shall not be permitted within the portion of Area C1-1 that is located between Eleventh Avenue and a line 250 feet west of Eleventh Avenue, and in the portion located between West 57th Street and a line 100 feet south of West 57th Street, except by special permit of the City Planning Commission, pursuant to the provisions of this paragraph (b)(2).

The Commission may permit transient hotels, resulting from a development, enlargement, extension or change of use, provided that the Commission shall find that such transient hotel is so located as not to impair the essential character of, or the future use or development of the surrounding area.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

For parcels within the blocks bounded by West 50th Street, Tenth Avenue, West 56th Street and Eleventh Avenue, within a general large-scale development that occupies zoning lots on more than one block, the City Planning Commission may permit the modification of open space required pursuant to Section 23-15 (Open Space and Floor Area Regulations in R6 Through R10 Districts) as part of a special permit, pursuant to Section 74-743 (Special provisions for bulk modification), provided the Commission finds that:

(a)        the amount of open space provided is sufficient to meet the needs of the residents of the general large-scale development; and

(b)        such modification results in improved site planning.

In addition to the applicable underlying street tree planting requirements, tree planting provisions shall also apply to extensions or alterations, other than incidental alterations, involving 30 percent or more of the existing floor area of a building. Notwithstanding the provisions of Section 43-02 (Street Tree Planting in Manufacturing Districts), all developments or enlargements within the Special Clinton District that include uses listed in Use Group 17 or 18 shall provide street trees in accordance with Section 26-41 (Street Tree Planting).

Except within the Eighth Avenue Perimeter Area set forth in Section 96-22 (Special Regulations for Eighth Avenue Perimeter Area), in all other C6 Districts, the City Planning Commission, by special permit, may permit, for public parking garages, modification of the applicable lot coverage, yard and height and setback regulations. As a condition of permitting such modifications, the Commission shall make the following findings:

(a)        that, because of site limitations, such modifications are necessary for the proper design and operation of the public parking garage; and

(b)        that, such modifications will not unduly obstruct access to light and air in the street or on adjacent zoning lots.

The Commission shall consider the characteristics of surrounding development and may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of adjacent areas.

For conversions to residential use of a building, predominantly occupied by uses listed in Use Groups 3, 4 or 5, that exceeds the residential floor area permitted by the applicable district regulations, the City Planning Commission by special permit, may permit such building to be converted to residential use in its entirety, provided that such building includes social or recreational space primarily for the use of occupants of dwelling units or rooming units in the development and which may also be made available to the community.

There shall be at least 30 square feet of social or recreational space for each dwelling unit or a total area of at least 5,000 square feet, whichever is greater. Such space may be located outdoors at grade level or at any floor level including roof areas. The maximum number of dwelling units shall be determined in accordance with the provisions of Section 15-111 (Number of permitted dwelling units). The Commission may prescribe conditions and safeguards to minimize possible adverse effects on adjoining properties.

As a condition of approval, the Commission shall find:

(a)        that because of site and building limitations, such modifications are necessary for the proper design and functioning of the converted building;

(b)        that such modifications will result in adequate access of light and air to the newly created dwelling units and to surrounding development;

(c)        that the social or recreational space contains adequate facilities to serve the needs of the residents and wherever possible the surrounding community;

(d)        that there is suitable separation between dwelling units and floor space occupied by non-residential or accessory uses; and

(e)        that such conversion will not unduly increase the density of population or intensity of use to the detriment of the occupants of buildings in the block or nearby blocks.

The Commission may prescribe conditions and safeguards to minimize possible adverse effects on adjoining properties and may require a program for operation and maintenance of recreational spaces.

An application to the City Planning Commission for the grant of a special permit under the provisions of this Chapter, shall include a site plan showing the location and proposed use of all buildings or other structures on the site, the location of all vehicular entrances and exits and off-street parking spaces, and such other information as may be required by the Commission.

Notwithstanding the foregoing, in the Eighth Avenue Perimeter Area, all applications made pursuant to the Special Midtown District shall be subject to the guidelines and provisions of Article VIII, Chapter 1 (Special Midtown District), instead.

All applications relating to Section 96-111 (Off-street parking regulations) shall be referred by the Commission to the Department of Transportation for its report with respect to the anticipated traffic congestion resulting from such special permit use in the proposed location.

If such agency shall report thereon within one month from the date of referral, the Commission shall, in its determination, give due consideration to such report and, further, shall have the power to substantiate the appropriate findings solely on the basis of the report by such agency with respect to the issues referred. If such agency does not report within one month, the Commission may make a final determination without reference thereto.

In all cases, the City Planning Commission shall deny a special permit application whenever the development or enlargement will interfere with a public improvement project, including housing, highways, public buildings or facilities, redevelopment or renewal projects, or rights-of-way for sewers, transit, or other public facilities, which is approved by, or pending before, the Board of Estimate or City Planning Commission, as determined from the Calendar of each such agency issued prior to the date of the public hearing on the application for a special permit.

Whenever, under the provisions of the Special Clinton Interim District or any prior zoning regulation, the City Planning Commission has authorized any special permit, the status of such special permit shall not be altered by the provisions of this Chapter.

Except as provided in this Section, the regulations set forth in this Chapter shall not apply to the following areas:

(a)        parcels within the blocks bounded by West 50th Street, Tenth Avenue, West 56th Street and Eleventh Avenue, provided that in this area the provisions of Sections 96-40 (MODIFICATION OF GENERAL LARGE-SCALE DEVELOPMENT PROVISIONS), 96-51 (Mandatory Tree Planting Provisions) and 96-82 (C6-3X Districts) shall apply.

In addition, for parcels in C6-3X Districts, bounded by West 53rd Street, Tenth Avenue, West 54th Street and Eleventh Avenue, the following shall be permitted uses below the level of any floor occupied by dwelling units:

(1)        automobile showrooms with automobile sales and preparation of automobiles for delivery;

(2)        automobile repairs; and

(3)        New York City Police Department stables for horses, with accessory automobile parking.

For a building that, at the time of approval by the Department of Buildings, included space designed for stable use for New York City Police Department horses, and the ceiling height of such stable space, as measured from the base plane, exceeds 23 feet, then any floor space occupied by accessory parking located on the floor immediately above such stable space and immediately below the level of any floor occupied by dwelling units shall be exempted from the definition of floor area.

(b)        the block bounded by West 49th Street, Eighth Avenue, West 50th Street and Ninth Avenue which was the site of the former Madison Square Garden;

(c)        property bounded by West 45th Street, the easterly right-of-way of the Amtrak Empire Line, West 44th Street and Eleventh Avenue, provided that in this area the provisions of Section 96-81 (R10 Districts) shall apply;

(d)        the block bounded by West 42nd Street, Ninth Avenue, West 43rd Street and Tenth Avenue;

(e)        property bounded by West 56th Street, Ninth Avenue, West 57th Street and a line 200 feet west of Eighth Avenue.

R10 Districts in Excluded Areas shall be Inclusionary Housing designated areas pursuant to Section 12-10 (DEFINITIONS) for the purpose of making the Inclusionary Housing Program regulations of Section 23-90, inclusive, applicable as modified within the Special District.

(a)        Inclusionary Housing Program

C6-3X Districts in Excluded Areas shall be Inclusionary Housing designated areas pursuant to Section 12-10 (
DEFINITIONS) for the purpose of making the Inclusionary Housing Program regulations of Section 23-90, inclusive, applicable as modified within the Special District.

(b)        Maximum floor area ratio

Within such Inclusionary Housing designated areas, the maximum floor area ratio for any zoning lot containing a residential use shall not exceed the base floor area ratio of 6.75, except that such base floor area ratio may be increased to the maximum floor area ratio of 9.0, through the provision of affordable housing, pursuant to the provisions relating to Inclusionary Housing designated areas in Section 23-90.

Appendix A - Special Clinton District Map

(96A)

Zoning Resolutions Chapter 6: Special Clinton District Appendix A - Special Clinton District Map.0

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