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