ToC
23-15

Open Space and Floor Area Regulations in R6 Through R10 Districts

R6 R7 R8 R9 R10

In the districts indicated, for any zoning lot, the minimum required open space or open space ratio shall not be less than set forth in this Section, and the maximum lot coverage shall not exceed the lot coverage as set forth in this Section. Any given lot area or area of open space shall be counted only once in determining the floor area ratio, the amount of open space or the open space ratio.

In R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X, R10A or R10X Districts, any building containing residences shall comply with the floor area ratio and lot coverage regulations for Quality Housing buildings set forth in Section 23-153 (For Quality Housing buildings).

In R6, R7, R8, R9 and R10 Districts without a letter suffix, buildings containing residences may be developed or enlarged pursuant to the basic floor area and open space regulations set forth in Section 23-151 (Basic regulations for R6 though R9 Districts) or 23-152 (Basic regulations for R10 Districts), as applicable, or the regulations for Quality Housing buildings set forth in Section 23-153.

All Quality Housing buildings shall also comply with additional provisions set forth in Article II, Chapter 8.

The applicable floor area ratio for the district may be increased for buildings on zoning lots containing affordable housing or affordable independent residences for seniors, pursuant to Sections 23-154 (Inclusionary Housing) or 23-155 (Affordable independent residences for seniors), as applicable.

Special lot coverage provisions for shallow zoning lots, and interior or through lots within 100 feet of corners or located along the short dimension of the block are set forth in Section 23-156 (Special lot coverage provisions for certain interior or through lots).

For zoning lots with buildings containing multiple uses or multiple buildings with different uses, the maximum floor area ratio for each use shall be as set forth in the applicable provisions of this Section, inclusive, or Section 24-10 (FLOOR AREA AND LOT COVERAGE REGULATIONS), inclusive, provided the total of all such floor area ratios does not exceed the greatest floor area ratio permitted for any such use on the zoning lot.

However, for zoning lots providing affordable independent residences for seniors and other residential uses, the total floor area allocated to uses other than affordable independent residences for seniors on the zoning lot shall not exceed the maximum floor area ratio permitted for residential uses set forth in Sections 23-151 or 23-153, as applicable. Furthermore, for such zoning lots providing affordable independent residences for seniors and other residential uses within R10 Districts or within Inclusionary Housing designated areas, the maximum floor area ratio on the zoning lot shall not exceed the base floor area ratio for the Inclusionary Housing Program set forth in Section 23-154 for the applicable district. Such base floor area ratio may be increased to the maximum floor area ratio set forth in such Section only through the provision of affordable housing pursuant to Section 23-90 (INCLUSIONARY HOUSING). Zoning lots used exclusively for affordable independent residences for seniors within R10 Districts or within Inclusionary Housing designated areas shall remain subject to the maximum floor area ratios set forth in Section 23-155.

        

Illustrative Examples

The following examples, although not part of the Zoning Resolution, are included to demonstrate the application of the floor area regulations to zoning lots with multiple uses, including affordable independent residences for seniors.

EXAMPLE 1

A zoning lot with a lot area of 50,000 square feet is being developed in an R7A District. The owner would like to include residential uses (other than affordable independent residences for seniors), community facility uses and affordable independent residences for seniors on the zoning lot.

Pursuant to Section 23-15 and Section 24-161, when residential uses and community facility uses are mixed on the same zoning lot, the maximum permitted floor area for each individual use shall be the amount set forth in Section 23-15 for residential uses (in R6 through R10 Districts), and the amount set forth in Section 24-11 for community facility uses. The sum of any combination of these uses cannot exceed the highest permitted floor area for a use provided on the zoning lot.

Individually, the permitted residential floor area ratio (except for affordable independent residences for seniors) is 4.0, pursuant to Section 23-153, the permitted community facility floor area ratio is 4.0, pursuant to Section 24-11, and the permitted floor area ratio for affordable independent residences for seniors is 5.01, pursuant to Section 23-155. The highest permitted floor area on the zoning lot, 5.01, is assigned to affordable independent residences for seniors, meaning that the maximum floor area on the zoning lot would be 250,500 square feet.

In addition, pursuant to Section 23-15, when other residential uses are mixed with affordable independent residences for seniors on the same zoning lot, the floor area allocated to such other residential uses cannot exceed the maximum residential floor area ratio of 4.0, or 200,000 square feet, as set forth in Section 23-153. In addition, pursuant to Section 24-161, the sum of all residential floor area - including both the affordable independent residences for seniors and other residential uses - cannot exceed the floor area ratio for affordable independent residences for seniors, which is the highest permitted residential floor area ratio. Any community facility use provided on the zoning lot will reduce the amount of residential floor area or affordable independent residences for seniors floor area on the zoning lot, or both.

Based on these mixing rules, the owner decides to construct the following: a 50,500 square foot building (1.01 floor area ratio) containing only an affordable independent residence for seniors and a second 200,000 square foot building with 50,000 square feet (1.0 floor area ratio) allocated to community facility uses and 150,000 square feet (3.0 floor area ratio) of residential uses (other than affordable independent residences for seniors).

In this second building, at a later time the community facility floor area could be converted to residential floor area, but under no conditions could the building containing affordable independent residences for seniors be changed to a residence not subject to the restrictions encompassed in the definition of affordable independent residence for seniors in Section 12-10.

EXAMPLE 2

A zoning lot within 100 feet of a wide street with a lot area of 50,000 square feet is being developed in an R7-2 District. The owner would like to include affordable independent residences for seniors, other residential uses and community facility uses on the zoning lot.

Pursuant to Sections 23-15 and 24-161, when residential uses and community facility uses are mixed on the same zoning lot, the maximum permitted floor area for each individual use shall be that set forth in Section 23-151 through 23-155 for residential uses in R6 through R10 Districts, and that set forth in Section 24-11 for community facility uses. The sum of any combination of these uses cannot exceed the highest permitted floor area for a use provided on the zoning lot.

Individually, the permitted residential floor area ratio, except for affordable independent residences for seniors, is 4.0 for a Quality Housing building pursuant to Section 23-153; the permitted community facility floor area ratio is 6.5 pursuant to Section 24-11; and the permitted floor area ratio for affordable independent residences for seniors is 5.01 pursuant to Section 23-155. The highest permitted floor area ratio on the zoning lot (6.5) is assigned to community facility uses, meaning the maximum floor area on the zoning lot would be 325,000 square feet. The owner wishes to provide 20 percent of floor area on the zoning lot as affordable independent residences for seniors, to utilize the additional height permitted pursuant to Section 23-664, and also wishes to maximize the amount of residential uses that can be constructed on the zoning lot. The owner will allocate the remaining floor area ratio on the zoning lot to community facility uses.

According to these priorities, a floor area ratio of 1.3 (6.5 x 20 percent), or 65,000 square feet, would be allocated to affordable independent residences for seniors. Pursuant to Section 23-15, when other residential uses are mixed with affordable independent residences for seniors, the floor area allocated to the other residential uses cannot exceed the residential floor area ratio and, pursuant to Section 24-161, the sum of both the affordable independent residences for seniors and the other residential uses cannot exceed the highest permitted residential floor area ratio of 5.01, which is the floor area ratio for affordable independent residences for seniors. This calculation would result in a floor area ratio of 3.71 (5.01 - 1.3 of floor area ratio), or 185,500 square feet being allocated to residential uses other than affordable independent residences for seniors. The remaining floor area on the zoning lot, which is to be allocated to community facility uses, would be equivalent to the difference between the affordable independent residence for seniors floor area ratio of 5.01 and the community facility floor area ratio of 6.5, which is a floor area ratio of 1.49, or 74,500 square feet.

Based on these figures, the owner decides to construct a 185,500 square foot or 3.71 floor area ratio building containing only residential uses (other than affordable independent residences for seniors) and a second 139,500 square foot, or 2.79 floor area ratio building, containing the affordable independent residences for seniors and community facility uses.

At a later time, the floor area allocated to residences in the first building can be converted to community facility uses, but in no event can the residential floor area be increased, because the maximum floor area ratio permitted for this uses has already been achieved. Similarly, under no conditions can the floor area in the building containing affordable independent residences for seniors be increased without reducing the amount of other residential uses contained within the first building.

Where floor area in a building is shared by multiple uses, the floor area for such shared portion shall be attributed to each use proportionately, based on the percentage each use occupies of the total floor area of the zoning lot, less any shared floor area.

In addition to complying with the provisions Section 23-15, all zoning lots shall be subject to the provisions set forth in Section 23-22 (Maximum Number of Dwelling Units) as well as all other applicable bulk regulations as set forth in this Chapter.

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