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Architecture NYC zoning

robertcohen

I have a little bit of a technical question, I have a building located in an inclusionary housing designated area (Brooklyn Community District 1). The building is zoned commercial C4-4A with a FAR 4, the equivalent zoning for C4-4A is R7A which has a FAR 3.45 and a FAR 4.6 with the inclusionary housing bonus (but lets disregard the  inclusionary housing bonus for this question). If I wanted to develop a mixed use building with commercial and residential, would my permitted commercial FAR stay at 4 or would it be 3.45 due to the inclusionary housing location?

Example: If I develop 1.0 FAR of commercial use, how much FAR would I have left for residential?

Thanks in Advance

 
Nov 9, 19 7:04 pm

2 Featured Comments

All 10 Comments

Non Sequitur

what did your architect say?

Nov 9, 19 7:12 pm  · 
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BulgarBlogger

Do you have a commercial overlay? I am licensed in New York State and do a lot of zoning. It gets incredibly complicated to give you a quick and reliable answer for free without spending some time- something any competent architect shluld and would have to charge you for. Spend the money for a feasibility study. Don't be cheap trying to figure it out yourself.



Nov 9, 19 9:51 pm  · 
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Happy Anarchy

you're not even asking the question correctly.

hire a professional.

Nov 9, 19 10:17 pm  · 
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BulgarBlogger

The commercial portion of the residential building would be governed by the commercial FAR requirements, whereas the residential per the residential equivalent requirements. 


Please note thst hotels, though considered residentsl R-1 occupancies in the building code) are commercial zoning uses.

Nov 9, 19 11:10 pm  · 
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Happy Anarchy

I thought you got a lot of good work. seem desperate to me explaining a bad question. I'm thinking you don't even know how to design? are you one of those outer borough rubber stampers, like Russian or some shit (even though it say Bulgar, maybe bulgarian)....how's your English?

Nov 9, 19 11:12 pm  · 
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BulgarBlogger

lol not a rubber stamper. I know the NYC zoning resolution really well, and do a lot of code review. Indeed, fhe question wasn't phrased very well by the OP, but if you read between the lines, its quite simple. Jealous you weren't able to figure it out?

Nov 9, 19 11:28 pm  · 
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Happy Anarchy

you sure?

Nov 9, 19 11:30 pm  · 
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Happy Anarchy

yeah, you're slavic or some retard shit like Russian, you looked between the lines when there was nothing between the lines. are you still sure?

Nov 9, 19 11:35 pm  · 
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BulgarBlogger

Since it sounds like you know something I don't- why don't we just lay the carss

Nov 9, 19 11:36 pm  · 
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BulgarBlogger

cards* out on the table. Tell me where I'm wrong.

Nov 9, 19 11:36 pm  · 
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Happy Anarchy

you killed the fun bruh...lets confuse this one time poster I say!

Nov 9, 19 11:36 pm  · 
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Happy Anarchy

to be fair. I'm an asshole.

Nov 9, 19 11:37 pm  · 
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robertcohen

Happy you seem pretty angry, take it easy. 

Thank you Bulgar, I appreciate the effort. The reason I am here is to resolve a conflict I am having with my my Architects zoning analysis. He is telling me that if I develop a mixed use (comm/residential) building, that my commercial FAR would be 3.45. Now I went through every article and every chapter of the zoning resolution and I can't seem to find anywhere, where it states that my commercial FAR will change in anyway. 

I wanted to see if any anyone here can help me figure this out. 

Thanks again

There is no commercial overlay, this is a C4-4A, equivalent to a R7A.  Located in Brooklyn community district 1 (w/ voluntary inclusionary housing).



Nov 10, 19 4:06 pm  · 
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BulgarBlogger

Let me ask you: why are YOU doing your architect's work? Do you do self diagnose yourself before going to the doctor too?

Nov 10, 19 4:14 pm  · 
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BulgarBlogger

So if your parcel is 50wide by 130 deep; say you have a 30' rear yard setbacks

Nov 10, 19 4:16 pm  · 
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BulgarBlogger

So if your parcel is 50wide by 130 deep; say you have a 30' rear yard setbacks

Nov 10, 19 4:16 pm  · 
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BulgarBlogger

scratch the above; you need to figure out how many stories you can have, regardless of use. Then you work backwards. So if you determine you can have an 10-story building, but only want commercial on the first floor, the first story will be the commercial FAR, while the other 9 will be residential-equivalent FAR. This gets a bit tricky due to height factor zoning, so a more-in-depth analysis needs to be done. You'll most likely end up with a "base-and-tower" building configureation, in which the base will have a maximum-height street before hitting the sky exposire plane, while the tower will be set back from the street wall and conform to height facot requirements.

Nov 10, 19 4:25 pm  · 
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BulgarBlogger

also check out this bulletin for the 50% rule regarding multiple cellar levels...https://www1.nyc.gov/assets/buildings/bldgs_bulletins/bb_2012-008.pdf

Nov 10, 19 4:30 pm  · 
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robertcohen

I've never worked with him before, my contractor had him do a zoning analysis. When I received it I thought it was off that he lowered my commercial FAR from 4 to 3.45. I am not going to just say OK and let go of 1,300 square of development air rights in a prime area of williamsburg.

Nov 10, 19 4:38 pm  · 
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robertcohen

​Thanks Rick, I appreciate the help.

Nov 10, 19 4:50 pm  · 
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robertcohen

​Thanks Bulgar, I appreciate the help.

Nov 10, 19 4:51 pm  · 
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robertcohen

Can you send me a link to any information for contacting the AHJ officer?

Nov 10, 19 4:56 pm  · 
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BulgarBlogger

"My contractor..." That is your first problem. You put the cart before the horse. Why not just work with an architect first? Shaking my head...

Nov 10, 19 4:58 pm  · 
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BulgarBlogger

Robert- Rick isn't licensed and hasn't gone to architecture school. He knows nothing about the NYC zoning or code regulations, as his work experience extends to exempt buildings and light commercial facilities not requiring an architect in Oregon. So take what he says with a grain of salt. Meanwhile, I am licensed in multiple states, including NY and CA and have a firm ha dle on the zoning and code issues in NYC. Take that for what it is, but in my experience- trying to cut corners in this city is a penny wise, a dollar short. Take it from a fellow Jew: stop bein cheep.

Nov 10, 19 5:02 pm  · 
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BulgarBlogger

hire a competent architect and always consult with an architect first.

Nov 10, 19 5:03 pm  · 
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robertcohen

I am not looking to cut corners or hang my contractors architect. I just want to double verify what my FAR is.

Nov 10, 19 5:11 pm  · 
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robertcohen

Until Friday morning, I was positive my commercial FAR was 4, I just want to know where or who can verify it for me. I would more than happy to pay if someone can help.

Nov 10, 19 5:14 pm  · 
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BulgarBlogger

if things don't work out with your current architect, PM me and I can take a look at it for you on an hourly basis.

Nov 10, 19 5:27 pm  · 
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robertcohen

Sure, please email me your info and a good time to call.

Nov 10, 19 5:30 pm  · 
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robertcohen

[email protected]

Nov 10, 19 5:30 pm  · 
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robertcohen

Bulgar, did you email me or was that someone else. Please put Bulgar in the email so I know its you.

Nov 10, 19 5:50 pm  · 
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BulgarBlogger

The quality housing program is the answer to the question about the FAR requriements.

Nov 10, 19 7:15 pm  · 
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BulgarBlogger

omg- this is exactly what I am yalking about. You are not inlynu licensed, but trying to give a professional opinion on a complicated subject matter and specific question for a property in a city that you are entirely unfamiliar with. The page you sent is supposed to be a zoning overview. The only thing that governs is the ZONING TEXT, not some webpage that is published for general information only. Look at the Quality Housing Program if you're intereseted. Any district with a letter suffix,

Nov 10, 19 8:09 pm  · 
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BulgarBlogger

residential district with a letter suffix is contextual, and therefore needs tk complg with the requirements of Quality Housing. The FAR under Quality Housing for R7A has a base FAR of 3.45

Nov 10, 19 8:10 pm  · 
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BulgarBlogger

By-the-way: a C4-4A district is a contextual commercial district, which means that any residential equivalent will have a letter suffix, which means that it needs to conform the requirements of the quality housing program.


Nov 10, 19 6:37 pm  · 
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BulgarBlogger

Rick, while people on this forum are NOT obliged or required in any way to either give or receive advice seriously, nor are they obliged to be correct about any advice they give, nobody on here knows who js licensed and whonis not. SO: when you start participating in conversations in a way that makes others potentially believe that the advice you are giving is coming from a licensed professional, that sentiment makes licensed architects like myself feel like you are speaking on behalf of all of us. You need to either out a dislaimer before all your posts, or stop participating in a way that makes others believe your your comments are definite or legitimate. That's like going to a medical forum and epecting to hear advice from a Doctor, only to find out that seemingly valid advice is coming from a Med School drop out. 


l

Nov 10, 19 7:52 pm  · 
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placebeyondthesplines

a disclaimer would be useful. might I recommend the following: Richard Balkins is not an architect; he has no education, experience, or professional credentials in architecture that would remotely qualify him to give advice or input on any question about or related to the discipline of architecture, whether said question is professional, academic, theoretical, or technical. He holds an associates degree that took him several years to acquire, lives with his parents at the age of 38, and calls himself a “building designer,” despite having never designed a building. Consider all of this before accepting anything he says as relevant, informed, or of even the slightest utility.

Nov 11, 19 2:43 am  · 
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placebeyondthesplines

wow, two whole associate’s degrees! one of which took you 11 years to complete. and let’s not forget that all-important and completely unverifiable decade of self-directed study. you demonstrate with every comically long-winded and desperate post that you know absolutely nothing about architecture and have no standing to give advice to anyone that might come here.

Nov 11, 19 7:55 am  · 
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placebeyondthesplines

no idea where you got the idea that I’m not licensed. I am.

Nov 11, 19 3:32 pm  · 
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placebeyondthesplines

for those of us who actually went to architecture school and worked in real offices, licensure is astoundingly easy to achieve.

Nov 11, 19 3:35 pm  · 
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eeayeeayo

Richard do you have a driver's license?

Nov 11, 19 3:53 pm  · 
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placebeyondthesplines

Balkins just accused another person of having poor reading comprehension and poor retention of facts. let’s all just bask in that delicious irony.

Nov 11, 19 4:00 pm  · 
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placebeyondthesplines

ah, banished from this one too. godspeed you fucking dipshit.

Nov 11, 19 4:39 pm  · 
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tduds

Like moths to a flame with this thread.

Robert: get a second opinion. Pay for it. Sounds like Bulgar has the knowledge to help you. Hope it works out.

Nov 11, 19 12:23 pm  · 
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Featured Comment
threeohdoor

Pay for secondsies. Bulgar is on the right track with Quality Housing but he is also right that when you add the phrases "Quality Housing," "Inclusionary Housing," "Overlays," "Mixed-Use," "Qualifying Ground Floors," etc, you get real tangled real fast. 

I'll also note that depending on who your examiner is and which expediter you use, your results may vary. The Brooklyn DOB is a clusterf*** and zoning "approvals" can send mixed messages.

Nov 11, 19 3:54 pm  · 
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Featured Comment
Apurimac

Check ZR 35-31.  Your architect is right unless your in the waterfront BK-1 area.

Your FAR cap is 3.45 unless you provide inclusionary.  

Nov 11, 19 10:35 pm  · 
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