Chapter 4 - Special Bay Ridge District (BR)

The City of New York
Eric Adams, Mayor
City Planning Commission
Daniel R. Garodnick, Chair

The "Special Bay Ridge District" established in this Resolution is designed to promote and protect the public health, safety and general welfare. These general goals include, among others, the following specific purposes:

(a)        to preserve, protect and maintain the existing scale and character of the residential and commercial community;

(b)        to encourage design of residential, commercial and community facility development which is in character with the neighborhood and surrounding community; and

(c)        to promote the most desirable use of land in the area and thus to conserve the value of land and buildings, and thereby to protect the City's tax revenues.

In harmony with the general provisions and intent of this Resolution and the general purposes of the Special Bay Ridge District, the regulations of the districts upon which this Special District is superimposed are supplemented or modified in accordance with the provisions of this Chapter. The provisions of this Chapter shall apply to all buildings.

Except as modified by the provisions of this Chapter, the regulations of the underlying districts remain in effect.

For transit-adjacent sites, as defined in Section 66-11 (Definitions), in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI, Chapter 6 shall control.

In flood zones, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Zones), the provisions of Article VI, Chapter 4 shall control.

In C8-2 Districts, for any zoning lot, the maximum floor area ratio for any community facility use shall not exceed 3.0.

In R4A, R4-1, R4B or R5B Districts, the bulk regulations of Article II, Chapter 4, shall apply only to a building that is used entirely for community facility use, except that the maximum floor area ratio shall not exceed 1.65. For a building that is used partly for community facility use and partly for residential use, the bulk regulations of Article II, Chapter 3, shall apply to all portions of such building, except that where:

(a)        such community facility use has received tax-exempt status from the New York City Department of Finance, or its successor, pursuant to Section 420 of the New York State Real Property Tax Law; or

(b)        such building has received an authorization pursuant to Section 24-04 (Modification of Bulk Regulations in Certain Districts);

the bulk regulations of Article II, Chapter 4, shall apply to the community facility portion of such building, provided that the maximum floor area ratio for the community facility use shall not exceed 1.65.

The provisions of Section 33-42 (Permitted Obstructions) shall apply to all buildings or other structures in R6A, R6B, R7A, R7B, C4-2A and C8-2 Districts in the Special Bay Ridge District, except that dormers may penetrate a maximum base height in accordance with the provisions of paragraph (c)(1) of Section 23-623 (Permitted obstructions in certain districts).

In the Special Bay Ridge District, the height and setback and maximum building height regulations of the underlying districts have been modified as follows:

  1. In C8-2 Districts

    In C8-2 Districts, the maximum height of a building or other structure shall be 70 feet. Any portion of a building or other structure that exceeds a height of 60 feet shall be set back with a depth of at least 10 feet from a wide street line and at least 15 feet from a narrow street line.
  2. For community facilities in Residence Districts

    In R3A, R3X, R3-2, R4A, R4-1, R4B and R5B Districts, the maximum height of a building or other structure containing community facility uses shall not exceed 32 feet.

However, energy infrastructure equipment and accessory mechanical equipment shall be permitted obstructions above such height limits, subject to the provisions of Sections 24-51 or 33-42, as applicable.

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