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.

1. 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:
      
      
      1. 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
      
      
      2. such #zoning lot# includes a #compensated development# that contains #affordable floor area#;
      
      
   2. #buildings# on #zoning lots# in #Inclusionary Housing designated areas#, where:
      
      
      1. 50 percent or more of the #floor area# of the #zoning lot# contains #residential uses#; and
      
      
      2. 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#.
   
   
2. 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
   District	Minimum Base Height (in feet)	Maximum Base Height (in feet)	Maximum Height for #Building or other Structures# with #non- qualifying ground floors# (in feet)	Maximum Height for #Buildings or other Structures# with #qualifying ground floors# (in feet)	Maximum Number of #Stories#
   R6A	40	65	80	85	8
   R7A	40	75	90	95	9
   R7D	60	95	110	115	11
   R7X1	60	105	140	145	14
   R8A	60	105	140	145	14
   R8X	60	105	170	175	17
   R9A2	60	125	170	175	17
   R9A3	60	125	160	165	16
   R9X2	105	145	200	205	20
   R9X3	60	145	190	195	19
   R10A2	125	155	230	235	23
   R10A3	60	155	210	215	21
   FOR NON-CONTEXTUAL DISTRICTS
   District	Minimum Base Height (in feet)	Maximum Base Height (in feet)	Maximum Height for #Buildings or other Structures# with #non- qualifying ground floors# (in feet)	Maximum Height for #Buildings or other Structures# with #qualifying ground floors# (in feet)	Maximum Number of #Stories#
   R64	40	65	80	85	8
   R72	40	75	100	105	10
   R75	40	75	90	95	9
   R8	60	105	140	145	14
   R92	60	125	170	175	17
   R93	60	125	160	165	16
   R102	125	155	230	235	23
   R103	60	155	210	215	21

   
   ______
   
   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#
   
   ⁴       For #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#
   
   
3. 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:
   
   
   
   1. an elevated rail line;
   2. an open railroad right of way;
   3. a limited-access expressway, freeway, parkway or highway, all of which prohibit direct vehicular access to adjoining land; or
   4. 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

District	Maximum Base Height (in feet)	Maximum Height of #Building or other Structure# (in feet)	Maximum Number of #Stories#
R6	65	115	11
R7	75	135	13
R8	105	215	21
R9-1	125	285	28