§ 78-31 Location of Buildings, Distribution of Bulk and Open Space and Modification of Height and Setbacks
ZR § 78-31
(a)General provisions For the purposes of this Section, the term "periphery" shall mean any street line bounding a large-scale residential development or any lot line abutting a zoning lot that is not part of the large-scale residential development. The term "wholly within" shall therefore mean any area of the large-scale residential development which is not within the area designated as "periphery." However, in R3-2 Districts, R4 Districts except R4-1, R4A and R4B Districts, or R5 Districts except R5B Districts, the "periphery" shall also include all portions of a large-scale residential development within 100 feet of a peripheral street line or within 30 feet of any other peripheral lot line, except for portions directly opposite:
(1)an area of at least 1.5 acres in a Residence District that is either vacant or land with minor improvements; or
(2)a large-scale residential development developed pursuant to the provisions of paragraph (b) of this Section; or
(3)a Commercial or a Manufacturing District.
All buildings or other structures in the periphery of a large-scale residential development shall comply with the height and setback regulations of Article II, Chapter 3, except as otherwise provided in this Section. Special provisions applying to large-scale residential developments in R3, R4 or R5 Districts are set forth in paragraphs (b) and (c) of this Section. The provisions of paragraph (b) shall apply to any large-scale residential development in R3-2 Districts, R4 Districts except R4-1, R4A and R4B Districts, or R5 Districts except R5B Districts. The provisions of paragraph (c) shall apply only to large-scale residential developments in all R3, R4 or R5 Districts that utilize the bonus provisions of Section 78-32 through 78-35, inclusive.
(b)Alternate height and setback regulations for certain districts In R3-2 Districts, R4 Districts except R4-1, R4A and R4B Districts, or R5 Districts except R5B Districts, buildings or other structures, or portions thereof, “wholly within” a large-scale residential development may use the alternate height and setback regulations set forth in paragraphs (b)(1) through (b)(3) of this Section.
(c)Alternate floor area and open space regulations in R3, R4 or R5 Districts In large-scale residential developments that utilize the bonus provisions of this Chapter, the floor area ratio and the open space ratio controls set forth in the following table shall apply in lieu of the floor area ratio and lot coverage controls of Article II, Chapter 3.
District
Open Space Ratio
Floor Area Ratio
R3
150
.50*
R4
80
.75*
R5
40
1.25
The floor area ratio in the table may be increased by up to 20 percent provided that any such increase in floor area is located under a sloping roof which rises at least three and one-half inches in vertical distance per each foot of horizontal distance and the structural headroom of such floor area is between five and eight feet. Any such additional floor area under a sloped roof shall not be used to compute the open space ratio
(d)Authorizations may be granted for buildings to be located, bulk and open space distributed, and height and setback modified, in accordance with the provisions of this Section.
(e)In R9 through R12 Districts, and in C1 or C2 Districts mapped within, or with a residential equivalent of, such districts, floor area bonuses for public plazas or arcades permitted in accordance with the applicable district regulations shall apply only to a development or enlargement with 25 percent or less of the total floor area of the building in residential use.
(f)Alternate window to lot line regulations for a zoning lot directly adjoining a public park In R7-1 and R8 Districts within a large-scale residential development in Community District 6 in the Borough of the Bronx, the required minimum distance between a legally required window and a lot line, as set forth in Section 23-86 (Minimum Distance Between Legally Required Windows and Walls or Lot Lines), inclusive, shall not apply where a legally required window is fronting upon a public park with an area of at least one-half acre.
