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In R9 Districts in Western Subarea C2, the provisions of Section 23-66 (Height and Setback Requirements for Quality Housing Buildings) for R9A Districts shall apply to all buildings or other structures. In Commercial Districts mapped within R9 Districts in Western Subarea C2, the provisions of Section 35-65 (Height and Setback Requirements for Quality Housing Buildings) for C2-7A Districts shall apply to all buildings or other structures. Notwithstanding the provisions of paragraph (c) of Section 23-011 (Quality Housing Program), in all such R9 Districts and Commercial Districts mapped within such R9 Districts, the provisions of paragraph (b) of Section 23-011 shall apply.
  1. Inclusionary Housing Program
    1. R9 Districts in Other Areas, west of Tenth Avenue, shall be Inclusionary Housing designated areas pursuant to Section 12-10 (DEFINITIONS) for the purpose of making the Inclusionary Housing Program regulations of Section 23-90, inclusive, applicable as modified within the Special District.

      Within such Inclusionary Housing designated area, the maximum floor area ratio for any zoning lot containing a residential use shall not exceed a base floor area ratio of 6.0, except that such base floor area ratio may be increased to a maximum floor area ratio of 8.0 through the provision of affordable housing, pursuant to the provisions relating to Inclusionary Housing designated areas in Sections 23-154 (Inclusionary Housing) and 23-90. However, any units for which a floor area increase has been earned pursuant to Section 23-154 shall be located within the Special Clinton District.
    2. Optional provisions for large-scale general developments within Western Subarea C2

      For developments or enlargements located within the blocks bounded by West 51st Street, Eleventh Avenue, West 53rd Street and Tenth Avenue, the special optional regulations as set forth in paragraph (a)(2) of this Section may modify the provisions of Section 23-154.

      The residential floor area of a development or enlargement may be increased by 0.833 square feet for each one square foot of moderate income floor area, or by 0.625 square feet for each one square foot of middle income floor area, provided that for each square foot of such floor area compensation, there is one square foot of floor area compensation, pursuant to Section 23-154. However, the amount of affordable housing required to receive such floor area compensation need not exceed the amounts specified as follows. If affordable housing is provided for both low income and moderate income households, the amount of moderate income floor area need not exceed 15 percent of the total floor area, exclusive of ground floor non-residential floor area, on the zoning lot, provided that the amount of low income floor area is at least 10 percent of the total floor area, exclusive of ground floor non-residential floor area, on the zoning lot. If affordable housing is provided for both low income households and middle income households, the amount of middle income floor area need not exceed 20 percent of the total floor area, exclusive of ground floor non-residential floor area, on the zoning lot, provided that the amount of low income floor area is at least 10 percent of the total floor area, exclusive of ground floor non-residential floor area, on the zoning lot.

      For the purposes of this paragraph (a)(2), low income floor area may be considered moderate income floor area or middle income floor area, and moderate income floor area may be considered middle income floor area.
  2. Uses in Western Subarea C2 located within a large-scale general development
    1. In a C2-5 District mapped within an R9 District within Western Subarea C2, the following uses, when located wholly within a large-scale general development, shall be considered permitted uses:

      From Use Group 8:

      Lumber stores, with no limitation on floor area

      From Use Group 10:

      Photographic or motion picture production studios

      From Use Group 12:

      Art galleries, commercial

      From Use Group 13:

      Theaters

      From Use Group 16:

      Automotive service establishments

      From Use Group 17:

      Scenery construction.
    2. Uses permitted pursuant to paragraph (b)(1) shall be subject to the commercial bulk regulations of Article III, that are applicable to a C2-5 District mapped within an R9 District.
    3. The supplemental use provisions of Section 32-421 shall not apply to commercial uses located in a building with frontage on West 52nd Street.
  3. Height and setback modification

    For any development or enlargement subject to the provisions of Section 74-681 (Development within or over a railroad or transit right-of-way or yard), the City Planning Commission may permit the modification of the applicable height and setback regulations, the open area planting requirements of Section 23-892 (In R6 through R10 Districts), and the permitted obstructions in rear yard or rear yard equivalent regulations of Section 23-44, provided that:
  1. such modification of height and setback regulations will:
    1. result in a building that has a maximum building height of 155 feet;  
    2. result in a better distribution of bulk on the zoning lot; and
    3. permit adequate access of light and air to surrounding streets and adjacent properties;
  2. such modification of planting requirements will facilitate access to Department of Transportation bridge structures, and the area between the street wall and street line of the buildings shall be improved with moveable planters; and
  3. any obstruction permitted in a rear yard or rear yard equivalent pursuant to this Section is necessary to accommodate the ventilation needs of a railroad or transit facility. In addition, such obstruction shall be fully screened by a landscaped strip at least four feet wide, densely planted with evergreen shrubs at least four feet high at time of planting, and of a type that is expected to form a year-round dense screen at least six feet high within three years. Such screening shall be maintained in good condition at all times.
The Commission may prescribe appropriate conditions and safeguards to minimize any adverse effects on the character of the surrounding area.

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