93-223 Maximum Floor Area Ratio in Hell's Kitchen Subdistrict D

(a)        Subareas D1 and D2

In Subareas D1 and D2 of Hell's Kitchen Subdistrict D, the basic maximum floor area ratios of non-residential buildings are set forth in Row A in the table in Section 93-22 and may be increased to the amount specified in Row C pursuant to Section 93-31 (District Improvement Fund Bonus) or through the transfer of floor area from the Phase 2 Hudson Boulevard and Park as set forth in Section 93-32. The basic maximum floor area ratios of any building containing residences are set forth in Row B.

The floor area ratio of any building containing residences may be increased from 6.5 pursuant to Section 93-31 (District Improvement Fund Bonus) or through the transfer of floor area from the Phase 2 Hudson Boulevard and Park as set forth in Section 93-32, and pursuant to Section 23-154 (Inclusionary Housing), as modified by Section 93-23, as follows:

The residential floor area ratio may be increased from 6.5 to a maximum of 12.0 only if for every five square feet of floor area increase pursuant to Sections 93-31 or 93-32 there is a floor area increase of six square feet, pursuant to Section 23-154, as modified by Section 93-23.Any floor area increase above a floor area ratio of 12.0 shall be only pursuant to Sections 93-31 or 93-32.

Furthermore, in Subarea D1, the floor area ratio on a zoning lot may exceed 13.0 only where the community facility floor rea ratio is not less than the excess of such floor area ratio above 13.0.

(b)        Subarea D3

In Subarea D3, the basic maximum floor area ratio may be increased only pursuant to Section 93-31.

(c)        Subareas D4 and D5

In Subareas D4 and D5, the underlying floor area ratio regulations shall apply.

(d)        Authorization for transfer of floor area for public facilities

For any zoning lot located partially in Subarea D2 and partially in Subarea D4, where such zoning lot is occupied by a development or enlargement that includes a public facility, the City Planning Commission may authorize modifications to the street wall requirements of Subarea D4 and authorize modifications to the provisions of Section 77-22 (Floor Area Ratio) in order to allow the transfer of floor area from that portion of the zoning lot located in Subarea D4 to that portion located in Subarea D2, provided the floor area ratio for the zoning lot does not exceed the adjusted maximum floor area ratio for the zoning lot as specified in Section 77-22. In order to authorize such modifications, the Commission shall find that:

(1)        such public facility provides a necessary service to the surrounding area;

(2)        such transfer of floor area is necessary in order for the development or enlargement to achieve an adequate separation of uses on the zoning lot; and

(3)        such transfer of floor area will not unduly increase the bulk of any development or enlargement, density of population or intensity of use to the detriment of occupants of buildings on the block or surrounding blocks, and that any disadvantages to the surrounding area caused by reduced access of light and air will be more than offset by the advantages of the public facility to the local community and the City as a whole.

(e)        Authorization for transfer of floor area for public open areas

For developments or enlargements on zoning lots divided by district boundaries that are wholly or partially within Hell's Kitchen Subdistrict D and provide publicly accessible open areas contiguous to or over the Lincoln Tunnel Approaches or Dyer Avenue, the Commission may authorize the distribution of floor area across such district boundaries pursuant to Section 93-543 (Authorization for the provision of public open areas).