Within the Park Avenue Hub Subdistrict, as shown on Map 1 in Appendix A of this Chapter, the maximum floor area ratio for zoning lots is set forth in paragraph (a) of this Section, and is modified for certain zoning lots in accordance with paragraph (b) of this Section.

(a)        Maximum floor area ratio

The maximum floor area ratio shall be 12.0. Where a development or enlargement contains residential floor area, such zoning lot shall satisfy the provisions of either:

(1)        a minimum non-residential floor area ratio of 2.0 shall be provided on such zoning lot. Such floor area shall not include any floor area containing a transient hotel; or

(2)        a minimum floor area ratio of 0.5, or a minimum amount of floor space equivalent to such 0.5 floor area ratio, shall be provided on such zoning lot. Such floor area or equivalent floor space shall be exclusively used for those visual or performing arts uses, designated in paragraph (b) of Section 97-11 (Special Arts and Entertainment Uses), and shall be certified by the Chairperson of the City Planning Commission to the Commissioner of Buildings that the conditions set forth in Section 97-423 (Certification for floor area bonus for visual or performing arts uses) have been met.

Where the provisions of Article VI, Chapter 3 (Special Regulations Applying to FRESH Food Stores) apply, the total floor area permitted for such zoning lot may be increased by one square foot of residential floor area for each square foot of floor area of a FRESH food store, as defined by Article VI, Chapter 3, up to 20,000 square feet.

(b)        Modified maximum floor area ratio for certain zoning lots

For zoning lots existing on or before November 30, 2017, with a lot area of less than 5,000 square feet, or for zoning lots subject to the provisions of paragraph (d)(4) of Section 23-154 (Inclusionary Housing), the maximum floor area ratios set forth in paragraph (a) of this Section shall be modified, as follows:

(1)        the minimum non-residential floor area requirements set forth in paragraph (a) of this Section shall be optional for zoning lots existing on or before November 30, 2017, with a lot area of less than 5,000 square feet. For zoning lots utilizing the provisions of this paragraph, the minimum non-residential floor area or visual or performing arts space requirements set forth in paragraph (a) of this Section shall not apply;

(2)        for zoning lots, subject to the provisions of paragraphs (d)(4)(i) or (d)(4)(iii) of Section 23-154, the maximum residential floor area provision of the underlying district as specified in Section 23-153 (For Quality Housing buildings) shall apply; and

(3)        for zoning lots utilizing the provisions of paragraph (b)(1) or (b)(2) of this Section, the maximum overall floor area ratio shall be 10.0, except that such maximum floor area ratio may be increased pursuant to the provisions of paragraph (b) of Section 97-422 (Floor area bonus for visual or performing arts uses). For zoning lots utilizing the provisions of paragraph (b)(2) of this Section, such maximum floor area ratio may also be increased pursuant to the provisions of Article VI, Chapter 3.