Special Clinton District: Key Zoning Rules

The Special Clinton District holds much of Manhattan's West Side below its underlying zoning to protect the scale and the tenants of the neighborhood.

What it is

The Special Clinton District covers the Clinton community on Manhattan's West Side, which ZR 96-00 describes as situated between the waterfront on the west and the central business district on the east. Its goals include preserving and strengthening the residential character of the community, allowing new construction in character with the existing scale and at rents that will not substantially change the mix of income groups, preserving small-scale stores, providing a transition from Eighth Avenue to the lower-scale narrow streets, and restricting demolition of buildings suitable for rehabilitation (ZR 96-00).

The underlying districts apply except where this chapter changes them. Where the Special Midtown District also applies (mapped as "CL-MiD"), the more restrictive rule governs (ZR 96-02). The district map in Appendix A splits the district into three areas (ZR 96-03):

Preservation Area floor area (ZR 96-101)

Source: ZR 96-101 table. In a mixed building, the maximum is whichever use permits the most floor area. In C6-2, zoning lots with listed theaters (ZR 81-742) can transfer development rights under ZR 81-744 using a basic FAR of 6.02. For comparison, the citywide standard residential FAR for R8 is 6.02 (ZR 23-22).

Preservation Area height and building rules

• Height: within 100 ft of a wide street, R7A height and setback rules apply; beyond 100 ft, R8B rules apply with the maximum base height changed to 66 ft. Heights are measured from curb level. The City Planning Commission can modify these by special permit, up to 99 ft beyond 100 ft of a wide street and 115 ft within it (ZR 96-103).
• Street walls: wide street frontages follow ZR 35-631(a); narrow street frontages follow ZR 23-431(a) along the entire narrow street frontage (ZR 96-103).
• Existing buildings: all existing buildings are treated as complying for alterations, enlargements and conversions, may be rebuilt to their prior bulk after damage, and existing legal uses in enclosed buildings are treated as conforming (ZR 96-10).
• Unit mix: the 680 dwelling unit factor of ZR 23-52 applies, and at least 20 percent of the dwelling units on the zoning lot must have two bedrooms, for new buildings, enlargements, conversions and alterations that add units. Alterations of owner-occupied buildings with four or fewer units are exempt, and the CPC can modify the rule by special permit for certain senior residences (ZR 96-104).
• Yards: on a through lot, the alternative rear yard equivalent locations of ZR 23-343(c)(2) are not available (ZR 96-102).

Demolition, alteration and harassment

• No demolition permit, or alteration permit for partial demolition that cuts residential floor area by more than 20 percent, is issued for a building with dwelling units in the Preservation Area unless the building is unsafe; otherwise a City Planning Commission special permit is needed, with findings including replacement of at least as many units and as much residential floor area (ZR 96-105).
• Material alterations of multiple dwellings in the Preservation Area need an HPD certification of no harassment, or compliance with the cure provisions (ZR 96-106).
• Where harassment is found, the cure requirement is low income housing floor area of at least the greater of 28 percent of the residential and hotel floor area of the building, or 20 percent of the floor area of the new or altered building (ZR 96-107).
• In the Perimeter Area, HPD must certify a tenant relocation plan and no harassment before demolition or development permits issue on lots with residential uses (ZR 96-24).

Perimeter and Other Areas

• Eighth Avenue Perimeter Area: developments within 150 ft west of Eighth Avenue between West 42nd and West 45th Streets must follow the Special Midtown District rules, including its floor area rules (ZR 81-21) and the Theater Subdistrict (ZR 81-70). Between West 45th and West 56th Streets in the same 150 ft strip, excluding the stretch between West 49th and West 50th Streets, qualifying transit improvement sites can earn a transit station bonus under ZR 66-51 (ZR 96-22).
• 42nd Street Perimeter Area: office developments or enlargements after January 19, 2005 are allowed only under ZR 93-13, and special rules allow enclosed automobile dealers on one block in Subarea 1 (ZR 96-21).
• Western Subarea C2, R9: residential FAR 6.66 for standard residences or 8.0 for qualifying affordable or senior housing, with R9A height and setback rules (ZR 96-32).
• Western Subarea C2, R8 (not R8A): the Preservation Area rules of ZR 96-101 (floor area) and 96-102 apply, including commercial districts mapped within those R8 districts (ZR 96-31).

A worked example

A 2,500 sq ft midblock lot in an R8 district in the Preservation Area, on a narrow street more than 100 ft from a wide street:

• Standard residential floor area: 2,500 x 4.2 = 10,500 sq ft, instead of 2,500 x 6.02 = 15,050 sq ft under citywide R8 rules (ZR 96-101, 23-22).
• With qualifying affordable or senior housing: 2,500 x 5.04 = 12,600 sq ft (ZR 96-101).
• Units: 10,500 / 680 = 15.44, so 15 units; at least 20% must be two-bedroom units, so at least 3 (ZR 23-52, 96-104).
• Height: R8B rules with a 66 ft maximum base height (ZR 96-103, 23-432).

Special Clinton District FAQ

Related pages

• R8 zoning
• R7A zoning
• Dwelling unit factor
• Wide vs narrow street