96-31

Special Regulations in R8 Districts

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  1. 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.
  2. 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
      1. 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.
      2. 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 listed under Use Group IV(B) 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.
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