For developments or enlargements containing only dwelling units that either comply with the definition of “affordable housing unit” set forth in Section 27-111 (General definitions), or have a legally binding restriction limiting rents to households with incomes at or below 80 percent of the income index, or qualifying senior housing, the City Planning Commission may authorize modifications of:

(a)        yard regulations;

(b)        regulations governing the minimum required distance between buildings on the same zoning lot, provided that no waiver shall authorize a minimum distance of less than 40 feet; and

(c)        regulations governing the minimum required distance between legally required windows and walls or lot lines.

The Commission shall find that such modifications:  

(1)        will aid in achieving the general purposes and intent of this Chapter as set forth in Section 136-00 (GENERAL PURPOSES);

(2)        will provide a better distribution of bulk on the zoning lot, resulting in a superior site plan, in which the buildings subject to this authorization and any associated open areas will relate harmoniously with one another and with adjacent buildings and open areas; and

(3)        will not unduly increase the bulk of any building or unduly obstruct access of adequate light and air to the detriment of the occupants or users of buildings on the block or nearby blocks, or of people using the public streets and other public spaces.

The City Planning Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.