Within the Special SoHo-NoHo Mixed Use District, for conversions from non-residential to residential use in buildings existing prior to December 15, 2021, that are not otherwise subject to paragraph (d)(3)(v) of Section 23-154 (Inclusionary Housing), the Board of Standards and Appeals may permit a contribution to the affordable housing fund pursuant to such paragraph to satisfy the requirements of paragraph (d)(3), inclusive, of such Section, provided that the Board finds that:

(a)        the configuration of the building imposes constraints, including, but not limited to, deep, narrow or otherwise irregular building floorplates, limited opportunities to locate legally required windows, or pre-existing locations of vertical circulation or structural column systems, that would create practical difficulties in reasonably configuring the required affordable floor area into a range of apartment sizes and bedroom mixes serving a number of lower-income residents comparable to what such quantity of affordable floor area would serve in a more typical configuration, pursuant to the guidelines of the Inclusionary Housing Program. Before the Board issues a final determination on any application made pursuant to this Section, the Department of Housing Preservation and Development shall submit comment or appear before the Board regarding this finding;

(b)        the practical difficulties existed on December 15, 2021.

For the purposes of this Section, defined terms include those set forth in Sections 12-10 and 23-911.

A copy of each application to the Board for a special permit under the provisions of this Section shall be provided by the applicant to the Department of Housing Preservation and Development concurrently with its submission to the Board.

The Board may prescribe such conditions and safeguards as it deems necessary to minimize adverse effects upon the surrounding area and the community at large.