NYC Department of City Planning Zoning Division

Introduction to Zoning Regulations in NYC

Office

Community Facility

Retail

Building height

Zoning Controls: •Land Use •Density •Building size •Parking •Signage

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Setback

Zoning Regulations Ensure harmonious relationship between all the different users of a city

Provides certainty to residents and businesses

Provides framework for appropriate growth

1840 to 1900 – population growth had led to tenements

Evolution of Tenement Laws

Pre-regulation Tenement (fire escapes required 1867)

“old law” tenement (1879-1901)

“new law” tenement (after 1901)

Old law tenements in the East Village today

Equitable Building 1915 Broadway at Pine Street

Bond Street 1820’s: pre-eminent residential neighborhood

1840’s: shops and hotels appeared

after Civil War: boarding houses and factories

Change was quick & dramatic

1916 New York City established the first Zoning Resolution in the United States

1916 Zoning Resolution Set of regulations related to 3 volumes of maps: Use Districts Separated uses (residential, retail, business, unrestricted) Height Districts Related building size to width of streets; introduced sky exposure planes Area Districts Specified yards, courts, types & size of residences

Cities never stand still, nor should zoning

Building Configuration

Sky Exposure Plane (setback principle)

Towers – 25% lot coverage

Building Configuration

25% tower pierces sky exposure plane

Upper floors follow slope of sky exposure plane

Sky Exposure Plane and Towers

Highly influential in the 1950’s

Stuyvesant Town 1947 Seagram’s Building 1958

Competition with suburbs; need to recognize role of cars

Over 2500 amendments to the 1916 ZR

1961 –

Zoning Resolution is rewritten incorporating ‘tower in the park’ concepts and incentive bonuses

New plan would accommodate 11 million residents as opposed to the 55 million allowed for by the 1916 ZR

a major change

a major change

The city is divided in many zoning districts, with 3 broad use categories:

The Zoning Resolution of the City of New York

Residential - Commercial - Manufacturing Extensive parking and loading requirements also adopted

Use Groups

Use Groups 1 & 2: Residential uses

Use Groups 3 & 4: Community facility uses

Use Groups 5-16: Retail/Commercial uses

Use Groups 17-18: Manufacturing uses

Use groups are based on the similarity & compatibility of their functions

Floor Area Ratio (FAR)

The FAR multiplied by the area of the zoning lot indicates the maximum amount of floor area permitted in a building on that lot.

Example shows 10,000 SF lot with an FAR of 1.0

Residential Zoning Regulations

Floor Area Ratio (FAR) & Open Space Ratio (OSR)

Existing configuration Towers in the Park concept

Towers in the Park = Height Factor Zoning

1961 Zoning – Towers in the Park

R7 Example: 4 stories: 2.38 FAR: 40% open space 6 stories: 2.88 FAR; 52% open space 9 stories: 3.27 FAR; 64% open space 11 stories: 3.38 FAR; 70% open space 14 stories: 3.44 FAR; 76% open space 21 stories: 3.30 FAR; 84% open space

Height Factor Zoning: balancing tall buildings and open space

Height Factor Building:

A residential development whose bulk is determined by a range of height factor, floor area ratios and open space ratios, and is set within the sky exposure plane.

Issues: The combination of height factor zoning, incentive zoning (bonuses) and zoning lot mergers led to out-of-context buildings

Plaza Bonus of 20% and Zoning Lot Merger

Incentives

Issues: Plaza bonus building breaks street wall, retail continuity, increases bulk of building

1960s: Movement for buildings set at the street line to emphasize street life, safety and Community

April 1969 (Lincoln Square) to October 2006 (Stapleton)

Special Zoning Districts

1987 Quality Housing Program

1984 & 1987: Medium and higher density contextual zoning

Quality Housing is mandatory in contextual R6 – R10 zoning districts; optional in other R6 – R10 districts

Quality Housing Program Height Factor Zoning

East Village

Quality Housing Development

Tribeca

Quality Housing Developments

Chelsea

1989 Lower Density Contextual Zoning

R3 – R5 Districts

Existing context 1961 Zoning

Issue: Out of character in Lower Density Neighborhoods

R3A District

Older detached buildings

new detached building

1994 Tower-on-a-Base

R9 and R10; C1/C2 Districts – contextual base required; plaza bonus eliminated

Inclusionary Housing

• Floor area bonus of 20% to 33% for inclusion of affordable housing either on site or, if off-site, in same CD or ½ mile

• Affordable units can be new construction or substantial rehab • Introduced in 1987 in R10 Districts • Expanded in 2005 to include “designated areas” in R6 –R10 zones • Housing Preservation and Development administers program • Income limitations range from 80% to 175% of median income • Units must remain affordable for life of compensated project • Over 550 units produced so far, hundreds more in pipeline

Commercial Districts

C1 – C8 Zoning Districts

Commercial Districts Local retail (C1)

Local service (C2)

Residential buildings are allowed in C1 to C6 Districts

Waterfront uses (C3)

Commercial Districts Regional commercial centers (C4)

Residential buildings are allowed in C1 to C6 Districts

Commercial Districts Central commercial district (C5)

Residential buildings are allowed in C1 to C6 Districts

Central commercial district (C6)

Commercial Districts Open amusement area (C7)

Heavy-duty (automotive) services (C8)

Manufacturing Districts

Light manufacturing: M1 Medium manufacturing: M2 Heavy manufacturing: M3 Manufacturing districts must conform to performance standards

All retail & commercial use groups, except UG 15, are allowed in manufacturing districts; hotels are allowed in M1 only

M1

Manufacturing Districts

M2

M3

M1

Special Mixed Use Districts • Introduced 1997 • Allows residential, commercial, community

facility and manufacturing uses all in the same building, in accordance with special performance standards.

• Areas of Port Morris, Fulton Ferry, Flushing/Bedford, Red Hook, Morrisania, Greenpoint/Williamsburg, Hunters Point have been mapped as Special Mixed Use Districts

Community Facility Uses Use Group 3 Use Group 4 Primarily non-profit,

educational, religious, and medical facilities.

Permitted in all R districts and C1 C2 C3 C4 C5 C6 Districts; UG4 also permitted in C8 and M1 Districts

Important component of City’s economy; often friction between residential neighbors

Waterfront Development

Introduced 1993

Public Access required as part of most commercial and R6 –R10 residential developments on waterfront property

The Zoning Resolution is divided into 3 volumes:

Volume I: Text (Articles I –VII)

Volume II: Special Districts (Articles VIII – XII) Volume III: Zoning Maps (126)

The Zoning Resolution of the City of New York

Article IX, Chapter 3: Portions of the Hudson Yards Special District text

Article IX, Chapter 3: Portions of the Hudson Yards Special District text

Article 9, Chapter 3, and Section 30

Date Created or last revised

(Note: Zoning maps are not text maps)

Zoning map 8d

new and revised

Residential Zoning Districts

Each district page has: a description, a diagram, photographs, and a summary table

Commercial Zoning Districts

Manufacturing Zoning Districts

44 Special Districts

Glossary from accessory use to zoning maps

how to apply zoning regulations to

actual conditions

Zoning Analysis

Data Tables

• 3 Paths for Development in NYC – Department of Buildings – Board of Standards and

Appeals – Department of City

Planning • HPD also involved in

many development projects

Paths of Development

• As-of-Right Development • Building Permits

– NB – A1 – A2 – DM

• Location: Located in each Borough • http://www.nyc.gov/dob/html/home/home.shtml

Department of Buildings

• Variances - 72-21 of the Zoning Resolution

– 5 findings that MUST be met a) Unique physical conditions b) No reasonable possibility that the development of the zoning

lot will bring a reasonable return c) Variance, if granted, will not alter the essential character of

the neighborhood; d) Practical difficulties or unnecessary hardship claimed as a

ground for a variance have not been created by the owner; e) Variance, if granted, is the minimum variance necessary to

afford relief

Board of Standards and Appeals

• Special Permits - 73-01 of the Zoning Resolution; For specific uses – Auto service stations in designated commercial districts, – Eating and drinking est. with entertainment in designated C & M districts – Physical culture establishments (health clubs) in designated C & M districts – Cellular phone towers – Modification of zoning lots divided by zoning district boundaries and parking requirements. – Enlargement of single- and two-family residences in designated areas of Brooklyn, – Enlargement of non-residential buildings, and modification of community facilities

• Vesting • Appeals • Location: 40 Rector Street, 9th Floor • http://www.nyc.gov/html/bsa

Board of Standards and Appeals

• Mission: The Department of City Planning (DCP) promotes strategic growth, transit-oriented development, and sustainable communities in the City, in part by initiating comprehensive, consensus-based planning and zoning changes for individual neighborhoods and business districts, as well as establishing policies and zoning regulations applicable citywide.

• Types of Actions: Zoning map and Text changes, Special permits, Authorizations, Certifications, City Map Changes.

City Planning Commission

• Build and preserve affordable housing • Housing development on city-owned land • http://www.nyc.gov/html/hpd/html/develop

ers/developers.shtml

Department of Housing Preservation and Development

• Pre-Certification Process • ULURP (Uniform Land Use Review

Procedure)

• Land Use Application • Environmental Application (CEQR)

Department of City Planning

City Environmental Quality Review (CEQR)

Enacted in 1977 Modeled after SEQR (State)

and NEPA (Federal) Required for “Discretionary

Approvals” › Special Permit › Variance › Zoning Map/Text Amendment

(Rezoning) Intended to inform decision-

makers of potential impacts of a proposal

DCP Application Review Process

Short/ Full

CEQRForm Pr

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Review & Comment on Draft

RWCDS Memo,

Meeting, &

Sign-Off

Inte

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Act

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Fin

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File LU

App

Brie

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Pack

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and

Proj

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Rea

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evie

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HQ

/ R

evie

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File Rev EAS

File Rev App

Info

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Draft LU

App

Review & Comment

File EAS

Review & Comment

Review & Comment

Pre-ULURP

APPLICATION FILED

APPLICATION MAILED TO CITY COUNCIL,

BOROUGH PRESIDENT & COMMUNITY

BOARD

COMMUNITY BOARD HEARING &

RECOMMENDATION

BOROUGH PRESIDENT REVIEW &

RECOMMENDATION

DCP

CERTIFICATION ULURP CLOCK

BEGINS

60 DAYS 30 DAYS

CITY COUNCIL HEARING

& VOTE

CITY PLANNING COMMISSION

HEARING & VOTE

60 D

AYS

50 DAYS MAYORAL REVIEW & OPPORTUNITY TO

5 DAYS

ULURP Timeline

New York City Department of City Planning

www.nyc.gov/planning

For general information contact the Zoning Information Desk at

212.720.3291