96-53

Conversions to Residential Use

For conversions to residential use of a building, predominantly occupied by uses listed under Use Groups III or V 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.

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