96-50 Regulations Applicable to All Areas

The provisions of Sections 96-51 (Mandatory Tree Planting Provisions), 96-52 (Bulk Modifications for Public Parking Garages) and 96-53 (Conversions to Residential Use) shall apply to all areas within the Special District.

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:

1. that, because of site limitations, such modifications are necessary for the proper design and operation of the #public parking garage#; and


2. 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:

1. that because of site and building limitations, such modifications are necessary for the proper design and functioning of the #converted building#;


2. that such modifications will result in adequate access of light and air to the newly created #dwelling units# and to surrounding development;


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


4. that there is suitable separation between #dwelling units# and floor space occupied by non-#residential# or #accessory uses#; and


5. 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.