93-223 - Maximum floor area ratio in Hell’s Kitchen Subdistrict D

LAST AMENDED
12/5/2024


(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 as follows:

       (1)    The #residential# #floor area ratio# may be increased to a maximum of 12.0 where the following are met:

              (i)    an amount of #floor area# equal to at least 20 percent of the total #residential# #floor area# is allocated to
                     #qualifying affordable housing# or #qualifying senior housing#;

              (ii)   a #floor area# increase or transfer equal to a #floor area ratio# of 2.5 has been earned pursuant to Section
                     93-31 or 93-32; and

       (2)    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 area 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. In addition, for
       #qualifying affordable housing# or #qualifying senior housing#, the maximum #residential# #floor area ratio# shall be 9.0.

(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).