23-95 Compensated Zoning Lots
The residential floor area ratio of a compensated zoning lot may be increased, and the residential floor area ratio of an MIH zoning lot shall be determined, in accordance with the applicable provisions of Section 23-154 (Inclusionary Housing).
In Inclusionary Housing designated areas, the compensated development shall comply with the height and setback regulations of Sections 23-66 or 35-65 (Height and Setback Requirements for Quality Housing Buildings) as applicable, except that:
(a) in Special Mixed Use Districts, the compensated development shall comply with the provisions of paragraphs (a) or (b) of Section 123-662 (All buildings in Special Mixed Use Districts with R6, R7, R8, R9 and R10 District designations), as applicable. However, where the Residence District designation is an R6 District without a letter suffix, the compensated development shall comply with the height and setback regulations of Section 23-66, regardless of whether the building is developed or enlarged pursuant to the Quality Housing Program;
(b) in R10 Districts without a letter suffix, the compensated development shall comply with the underlying height and setback regulations for such district; and
(c) on waterfront blocks and in R7-3 Districts, the compensated development shall comply with the special regulations applying in the waterfront area set forth in Section 62-30 (SPECIAL BULK REGULATIONS), inclusive.
In Mandatory Inclusionary Housing areas, the provisions of Section 23-951 shall apply to MIH developments, except as modified in this Section.
(a) In R9 Districts without a letter or number suffix, the regulations of Section 23-651 (Tower-on-a-base) may apply, provided such MIH development is on a zoning lot that meets the requirements set forth in paragraph (a) of Section 23-65 (Tower Regulations).
(b) In R6 through R9 Districts without a letter suffix within Mandatory Inclusionary Housing areas, the height and setback regulations of Section 23-64 (Basic Height and Setback Regulations) may apply, except that towers shall not be permitted in an R9-1 District. In addition, for R9 Districts without a letter or number suffix that do not meet the requirements of paragraphs (a) and (c) of Section 23-65 (Tower Regulations), the tower provisions of Section 23-652 (Standard tower) may apply, subject to the lot coverage provisions of Section 23-65. However, when the height and setback and tower regulations specified in this paragraph are utilized, the maximum floor area ratio on an MIH zoning lot shall be determined in accordance with the provisions of Section 23-151 (Basic regulations for R6 through R9 Districts).
(a) Compensated development or MIH development building permits
(1) HPD may issue a permit notice to the Department of Buildings at any time on or after the regulatory agreement date. The Department of Buildings may thereafter issue building permits to a compensated development that utilizes floor area compensation or an MIH development, based on the affordable housing or contribution to the affordable housing fund described in such permit notice.
(2) If HPD does not receive confirmation that the regulatory agreement has been recorded within 45 days after the later of the regulatory agreement date or the date upon which HPD authorizes the recording of the regulatory agreement, HPD shall suspend or revoke such permit notice, notify the Department of Buildings of such suspension or revocation and not reinstate such permit notice or issue any new permit notice until HPD receives confirmation that the regulatory agreement has been recorded or any applicable alternate procedure has been completed. Upon receipt of notice from HPD that a permit notice has been suspended or revoked, the Department of Buildings shall suspend or revoke each building permit issued pursuant to such permit notice which is then in effect for any compensated development or MIH development.
(b) Compensated development or MIH development certificates of occupancy
(1) The Department of Buildings shall not issue a temporary or permanent certificate of occupancy for any portion of the compensated development that utilizes floor area compensation or MIH development until HPD has issued a completion notice with respect to the affordable housing that generates such floor area compensation or satisfies the requirements of paragraph (d) of Section 23-154 (Inclusionary Housing) or any modification of such provisions by special permit of the Board of Standards and Appeals pursuant to Section 73-624 (Reduction or modification of Mandatory Inclusionary Housing requirements). However, where any story of a compensated development or MIH development contains one or more affordable housing units, the Department of Buildings may issue any temporary or permanent certificate of occupancy for such story if such temporary or permanent certificate of occupancy either includes each affordable housing unit located in such story or only includes dwelling units or rooming units that are affordable housing units. Nothing in the preceding sentence shall be deemed to prohibit the granting of a temporary or permanent certificate of occupancy for a super's unit.
(2) HPD shall not issue a completion notice with respect to any portion of any generating site or MIH site unless:
(i) the Department of Buildings has issued temporary or permanent certificates of occupancy for all affordable housing described in such completion notice and such certificates of occupancy have not expired, been suspended or been revoked; or
(ii) where a generating site contains affordable housing that had a valid certificate of occupancy on the regulatory agreement date and no new temporary or permanent certificate of occupancy is thereafter required for the creation of such affordable housing, HPD has determined that all renovation and repair work required by the applicable regulatory agreement has been completed and all obligations with respect to the creation of such affordable housing have been fulfilled in accordance with the applicable regulatory agreement.