Maximum Floor Area Ratio
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In the districts indicated, except as set forth in Section 35-311, the provisions of this Section shall apply to any zoning lot subject to the provisions of this Chapter.
The maximum floor area ratio permitted for a commercial or community facility use shall be as set forth in Article III, Chapter 3, and the maximum floor area ratio permitted for a residential use shall be as set forth in Article II, Chapter 3, 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. Special rules for certain areas are set forth in Section 35-35 (Special Floor Area Ratio Provisions for Certain Areas).
Notwithstanding the provisions for R10 Districts in Community District 7 in the Borough of Manhattan set forth in Section 23-16 (Special Floor Area and Lot Coverage Provisions for Certain Areas), in C4-7 Districts within Community District 7 in the Borough of Manhattan, the maximum residential floor area ratio may be increased pursuant to the provisions of Sections 23-154 and 23-90 (INCLUSIONARY HOUSING).
In Inclusionary Housing designated areas, except within Waterfront Access Plan BK-1 and R6 Districts without a letter suffix in Community District 1, Brooklyn, the maximum floor area ratio permitted for zoning lots containing residential and commercial or community facility uses shall be the base floor area ratio set forth in Section 23-154 for the applicable district.
However, in Inclusionary Housing designated areas mapped within C4-7, C5-4, C6-3D and C6-4 Districts, the maximum base floor area ratio for zoning lots containing residential and commercial or community facility uses shall be either the base floor area ratio set forth in Section 23-154 plus an amount equal to 0.25 times the non-residential floor area ratio provided on the zoning lot, or the maximum floor area ratio for commercial uses in such district, whichever is less.
The maximum base floor area ratio in Inclusionary Housing designated areas may be increased to the maximum floor area ratio set forth in Section 23-154 only through the provision of affordable housing pursuant to Section 23-90, inclusive.
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.
A non-residential use occupying a portion of a building that was in existence on December 15, 1961, may be changed to a residential use and the regulations on maximum floor area ratio shall not apply to such change of use.