23-664 Modified Height and Setback Regulations for Certain Inclusionary Housing Buildings or Affordable Independent Residences for Seniors

R6 R7 R8 R9 R10

In the districts indicated, the provisions of this Section shall apply to Quality Housing buildings on zoning lots meeting the criteria set forth in paragraph (a) of this Section. For the purposes of this Section, defined terms include those set forth in Sections 12-10 and 23-911. Additional height and setback provisions for compensated developments and MIH developments, as defined in Section 23-911, are set forth in Sections 23-951 and 23-952, respectively.

(a)        Eligible buildings

The additional heights and number of stories permitted pursuant to this Section shall apply to:

(1)        buildings on zoning lots in R10 Districts outside of Inclusionary Housing designated areas, where:

(i)        in accordance with the provisions of paragraph (a) of Section 23-154 (Inclusionary Housing), the zoning lot achieves a floor area ratio of at least 11.0; and

(ii)        such zoning lot includes a compensated development that contains affordable floor area ;

(2)        buildings on zoning lots in Inclusionary Housing designated areas, where:

(i)        50 percent or more of the floor area of the zoning lot contains residential uses ; and

(ii)        at least 20 percent of such residential floor area is affordable floor area provided in accordance with the provisions of paragraph (b) of Section 23-154;

(3)        MIH developments on MIH zoning lots that also contain MIH sites, where such MIH zoning lot contains all affordable floor area required for such MIH development ; or

(4)        buildings on zoning lots where at least 20 percent of the floor area of the zoning lot contains affordable independent residences for seniors.

(b)        For certain Quality Housing buildings in all applicable districts

For Quality Housing buildings meeting the criteria of paragraph (a) of this Section, the maximum base and building heights and maximum number of stories established in Section 23-662 shall be modified by Table 1 below. Separate maximum building heights are set forth within the table for Quality Housing buildings with qualifying ground floors and for those with non-qualifying ground floors.

TABLE 1

MODIFIED MAXIMUM BASE HEIGHT AND MAXIMUM BUILDING HEIGHT FOR CERTAIN QUALITY HOUSING BUILDINGS

FOR CONTEXTUAL DISTRICTS

FOR NON-CONTEXTUAL DISTRICTS

¹        In R7X Districts, the modified base heights, maximum building heights and number of stories are permitted only for buildings on zoning lots meeting the criteria of paragraphs (a)(3) or (a)(4) of this Section  

²        For zoning lots or portions thereof within 100 feet of a wide street

³        For zoning lots or portions thereof on a narrow street beyond 100 feet of a wide street, or for zoning lots with only wide street frontage, portions of such zoning lot beyond 100 feet of the street line

⁴For buildings meeting the criteria of paragraph (a)(4) of this Section, and buildings meeting the other criteria of paragraph (a) of this Section on zoning lots located within 100 feet of a wide street

⁵        For buildings meeting the criteria of paragraph (a)(4) of this Section, on zoning lots or portions thereof on a narrow street beyond 100 feet of a wide street, and for zoning lots with only wide street frontage, portions of such zoning lot beyond 100 feet of the street line

(c)        Alternative regulations for certain Quality Housing buildings in non-contextual districts

For Quality Housing buildings in R6 through R8 Districts without a letter suffix and in an R9-1 District, the street wall location provisions of Sections 23-661 and the height and setback provisions of Section 23-662 and paragraph (b) of this Section need not apply to:

(1)        buildings on MIH zoning lots meeting the criteria of paragraph (a)(3) of this Section.

(2)        buildings on zoning lots containing an affordable independent residence for seniors meeting the criteria of paragraph (a)(4) of this Section, where such zoning lot is located within 150 feet of the following types of transportation infrastructure:

(i)        an elevated rail line;

(ii)        an open railroad right of way;

(iii)        a limited-access expressway, freeway, parkway or highway, all of which prohibit direct vehicular access to adjoining land; or

(iv)        an elevated street located on a bridge that prohibits direct vehicular access.

Such 150-foot measurement shall be measured perpendicular from the edge of such infrastructure.

In lieu thereof, the height of a building or other structure, or portion thereof, within 10 feet of a wide street or 15 feet of a narrow street, shall not exceed the maximum base height specified for the applicable zoning district in Table 2 below. Beyond 10 feet of a wide street and 15 feet of a narrow street, the height of the building or other structure shall not exceed the maximum building height specified for the applicable district in the table, or the maximum number of stories, whichever is less.

TABLE 2

ALTERNATIVE MAXIMUM BASE HEIGHT AND MAXIMUM BUILDING HEIGHT FOR CERTAIN QUALITY HOUSING BUILDINGS IN NON-CONTEXTUAL DISTRICTS