23-934

Special permit approval in Special Purpose Districts

Where a special purpose district includes a provision to grant modification of use or bulk by special permit of the City Planning Commission, and an application for such special permit would allow a significant increase in residential floor area where the special floor area requirements in Mandatory Inclusionary Housing areas of paragraph (d) of Section 23-154 (Inclusionary Housing) are not otherwise applicable, the Commission, in establishing the appropriate terms and conditions for the granting of such special permit, shall apply such requirements where consistent with the objectives of the Mandatory Inclusionary Housing program as set forth in Section 23-92 (General Provisions). However, where the Commission finds that such special permit application would facilitate significant public infrastructure or public facilities addressing needs that are not created by the proposed development, enlargement or conversion, or where the area affected by the special permit is eligible to receive transferred development rights pursuant to the Hudson River Park Act, as amended, the Commission may modify the requirements of such paragraph (d).

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