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Introduction to Zoning Regulations in NYC

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Introduction to Zoning Regulations in NYC Introduction to Zoning Regulations in NYC NYC Department of City Planning Zoning Division Zoning Regulations Building height Ensure harmonious relationship between all Setback the different users of a city Community Provides certainty to Facility residents and businesses Provides framework for appropriate growth Office Zoning Controls: • Land Use •Density Retail - •Building size •Parking •Signage 1840 to 1900 – population growth had led to tenements Pre-regulation “old law” “new law” Tenement tenement tenement (fire escapes (1879-1901) (after 1901) required 1867) Evolution of Tenement Laws Old law tenements in the East Village today Bond Street 1820’s: pre-eminent residential neighborhood 1840’s: shops and hotels appeared after Civil War: boarding houses and factories Equitable Building 1915 Broadway at Pine Street 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) Building Configuration Towers – 25% lot coverage Sky Exposure Plane and Towers 25% tower pierces Upper floors follow slope of sky exposure plane sky exposure plane 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 change major a a major change The Zoning Resolution of the City of New York The city is divided in many zoning districts, with 3 broad use categories: 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 Towers in the Park = Height Factor Zoning Existing configuration Towers in the Park concept Floor Area Ratio (FAR) & Open Space Ratio (OSR) 1961 Zoning – Towers in the Park 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. 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 Issues: The combination of height factor zoning, incentive zoning (bonuses) and zoning lot mergers led to out-of-context buildings Incentives Plaza Bonus of 20% and Zoning Lot Merger 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 Special Zoning Districts April 1969 (Lincoln Square) to October 2006 (Stapleton) 1987 Quality Housing Program 1984 & 1987: Medium and higher density contextual zoning Height Factor Zoning Quality Housing Program Quality Housing is mandatory in contextual R6 – R10 zoning districts; optional in other R6 – R10 districts Quality Housing Development East Village Quality Housing Developments Tribeca Chelsea 1989 Lower Density Contextual Zoning R3 – R5 Districts Issue: Out of character in Lower Density Neighborhoods Existing context 1961 Zoning new detached building Older detached buildings R3A District 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) Waterfront uses (C3) Residential buildings are allowed in C1 to C6 Districts Commercial Districts Regional commercial centers (C4) Residential buildings are allowed in C1 to C6 Districts Commercial Districts Central commercial district (C5) Central commercial district (C6) Residential buildings are allowed in C1 to C6 Districts 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 Manufacturing Districts M1 M3 M1 M2 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. Important component of City’s economy; often friction between residential neighbors Permitted in all R districts and C1 C2 C3 C4 C5 C6 Districts; UG4 also permitted in C8 and M1 Districts Waterfront Development Introduced 1993 Public Access required as part of most commercial and R6 –R10 residential developments on waterfront property The Zoning Resolution of the City of New York 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) Article IX, Chapter 3: Portions of the Hudson Yards Special District text Article 9, Chapter 3, and Section 30 Date Created or last revised Article IX, Chapter 3: Portions of the Hudson Yards Special District text Zoning map 8d (Note: Zoning maps are not text maps) 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 Zoning Analysis how to apply zoning regulations to actual conditions Data Tables Paths of Development • 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 Department of Buildings • As-of-Right Development • Building Permits – NB – A1 – A2 – DM • Location: Located in each Borough • http://www.nyc.gov/dob/html/home/home.shtml Board of Standards and Appeals • 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 City Planning Commission • 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. Department of Housing Preservation and Development • Build and preserve affordable housing • Housing development on city-owned land • http://www.nyc.gov/html/hpd/html/develop ers/developers.shtml
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