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Community Training Series

Land Use & Zoning 101

by

Land Use, Planning and Development DivisionOffice of Manhattan Borough President Scott M. Stringer


1. Land Use & Origins of Zoning

2. Mechanics of Zoning

3. Public Review Process

4. Tools & Resources

Manhattan Borough PresidentScott M. Stringer

LAND USE &ORIGINS OF ZONING


MECHANICS OFZONING

PUBLIC REVIEWPROCESS

TOOLS &RESOURCES

In 1915, the 42-story Equitable

Building was last building built under

the “old rules.”

1870 Building Code was largely

concerned with fire safety:

- cast-iron columns

- internal fire-proofing

- height-to-street width ratio

for some buildings

Public outrage because the Equitable

Tower would cast shadows over

neighboring buildings (and cause

serious devaluation of property).

Setting the Stage for Zoning



MECHANICS OFZONING


TOOLS &RESOURCES

1961 Zoning Resolution

- Established Use Groups to coordinate

different uses

Tower in Park

1961 Cadillac

Setbacks / “sky exposure plane”

Buffaloes and tennis don’t mix

- Introduced bulk regulations (and

eliminated height limits) to control

density and ensure air and light

- Incorporated new concepts to reflect

new ideas in urban design and

urbanism

- Addressed progress of the automobile



MECHANICS OFZONING


TOOLS &RESOURCES

How does zoning work?

Each zoning district regulates:

− Types of uses allowed

− Density (floor area ratio; FAR)

− Overall density

− Density of individual uses

− Building Form

− Number of dwelling units

− Amount of open space

− Required parking (if any)

− Lot coverage

− Distance from buildings and lot lines



MECHANICS OFZONING


TOOLS &RESOURCES

Uses are grouped based on common functional or nuisance

characteristics. Zoning text identifies which use groups are permitted in

each zoning district.

Use Groups

Manufacturing17 & 18

General Services / Heavy Automotive16

Waterfront / Recreation12 - 15

Regional Shopping Centers/Amusement10 - 11

Commercial / Local retail & Services5 - 9

Community Facilities3 & 4

Residential1 & 2

Type of UseGroup



MECHANICS OFZONING


TOOLS &RESOURCES

Density Illustrated

50% coverage

2-story bldg

10,000 SF lot x 1.0 FAR = 10,000 SF building

100% coverage

1-story bldg

STREET STREETSTREET STREET

STREET STREET

25% coverage

4-story bldg



MECHANICS OFZONING


TOOLS &RESOURCES

Density Illustrated

50% coverage

4-story bldg

100% coverage

2-story bldg

STREET STREET

STREET STREET

STREET STREET

25% coverage

8-story bldg

10,000 SF lot x 2.0 FAR = 20,000 SF building



MECHANICS OFZONING


TOOLS &RESOURCES

“Height Factor” vs. “Contextual”

Tower form (no height limit)

Required open space

Height limit

Street wall

Lot line

Contextual Zoning(e.g. R7A; also “Quality

Housing”)

Height Factor Zoning(e.g. R7)

Images from NYC Department of City Planning



MECHANICS OFZONING


TOOLS &RESOURCES

Zoning Map



MECHANICS OFZONING


TOOLS &RESOURCES

R = Residential Districts

C = Commercial Districts

M = Manufacturing Districts

Zoning Districts



MECHANICS OFZONING


TOOLS &RESOURCES

Zoning Text



MECHANICS OFZONING


TOOLS &RESOURCES

Bonuses allow bigger buildings in exchange for a public benefit.

Incentive Zoning

Public Plazas Inclusionary Housing

NYC Department of City Planning



MECHANICS OFZONING


TOOLS &RESOURCES

Existing ZoningR7-2Permitted uses: Residential and community

facilities

Height limit: none

Max FAR: 3.44 (6.5 with community facilities)

R8Permitted uses: Residential and community

facilities

Height limit: none

Max FAR: 6.02-7.2 (6.5 community facilities)

M1-1Permitted uses: Manufacturing and Commercial

Uses

Height limit: none

Max FAR: 1.0 (2.4 With Community Facilities)

R7APermitted uses: Residential and community

facilities

Height limit: 80 Foot

Base: 40-65 Feet

Max FAR: 4.0



MECHANICS OFZONING


TOOLS &RESOURCES

Proposed Rezoning



MECHANICS OFZONING


TOOLS &RESOURCES

Proposed RezoningR6APermitted uses: Residential and community

facilities

Height limit: 70 Feet

Base: 40-65 Feet

Max FAR: 3.0



MECHANICS OFZONING


TOOLS &RESOURCES


facilities


Base: 40-65 Feet

Max FAR: 4.0



MECHANICS OFZONING


TOOLS &RESOURCES


facilities


Base: 60-85 Feet

Max FAR: 6.02 (7.2 with affordable housing on

145th)



MECHANICS OFZONING


TOOLS &RESOURCES

Proposed RezoningR8*Permitted uses: Residential and community

facilities

Height limit: 105 or 120 Feet

Base: 60-85 Feet

Max FAR: 6.02 or 7.2



MECHANICS OFZONING


TOOLS &RESOURCES

Proposed RezoningC6-3XPermitted uses: Residential, Commercial and

Community Facilities


Base: 105-120 Feet

Max FAR: 7.3 FAR (9.7 With Affordable Housing)



MECHANICS OFZONING


TOOLS &RESOURCES

Proposed RezoningMX M1-5/R7-2Permitted uses: Manufacturing, Residential,

Commercial and Community Facilities


Base: 60 – 85 Feet

Max FAR: 3.44 Residential, 6.5 Community

Facility, 5.0 Commercial and Manufacturing



MECHANICS OFZONING


TOOLS &RESOURCES

Most development in New York City occurs

as-of-right.

That means that a proposed development

meets all the relevant provisions of the

Zoning Resolution and the Building Code.

No action is required by the City Planning

Commission (CPC) or the Board of

Standards and Appeals (BSA).

As-of-Right Development

Dept. of Buildings may

issue a permit(s) and

construction may begin.



MECHANICS OFZONING


TOOLS &RESOURCES

A discretionary action requires review and approval the City Planning

Commission or the Board of Standards and Appeals.

Examples: zoning amendments, special permits, authorizations and

variances.

Discretionary Action



MECHANICS OFZONING


TOOLS &RESOURCES

− Is about legally required disclosure

− Defines the “scope” of what can be

approved

− Provides for community input

− Proposes mitigation

Environmental Review



MECHANICS OFZONING


TOOLS &RESOURCES

Draft Scope

Public Hearing

Final Scope

Draft Environmental Impact Statement

(DEIS)

Final Environmental Impact Statement (FEIS)

Scoping Session

process continues

Positive Declaration

Negative Declaration

Environmental Assessment Statement (EAS)

Public Hearing



MECHANICS OFZONING


TOOLS &RESOURCES

Environmental studies estimate

“Reasonable Worst-Case Scenario”

impacts on:

Reasonable Worst-Case Scenario

• Solid Waste & Sanitation Services

• Energy

• Transportation

• Air Quality

• Greenhouse Gas Emissions

• Noise

• Public Health

• Neighborhood Character

• Construction Impacts

• Land Use, Zoning & Public Policy

• Socioeconomic Conditions

• Community Facilities & Services

• Open Space

• Shadows

• Historic & Cultural Resources

• Urban Design & Visual Resources

• Natural Resources

• Hazardous Materials

•Water and Sewer Infrastructure



MECHANICS OFZONING


TOOLS &RESOURCES

Uniform Land Use Review Procedure (ULURP)

Background

− Participatory Government

− Required for Certain Land

Use Proposals

− Recognizes role of

Community Boards

− Sets specific time line and

clear expectations

− Standardize review

procedures

Common Actions

− Zoning Map Changes

− City Map Changes

(e.g. mapping new streets)

− Site Selection for City

Facilities (e.g. new sanitation

facility)

− Disposition or Acquisition of

Real Property

− Special Permits (e.g. garages)

− Changes to Urban Renewal Plans



MECHANICS OFZONING


TOOLS &RESOURCES

Steps of ULURP

1. Certification 3. BoroughPresident

4. PlanningCommission

5. City Council

2. CommunityBoard

60 days30 days

60 days50 days

TOTAL TIME: Approx. 200-215 days or approximately 7½ months

Notimelimit

• MEETINGS• HEARING• RECOMMEND • CONSULTATIONS

• HEARING (Opt)• RECOMMEND

• REVIEW SESSION• HEARING• VOTE: DIS/APRV

• SOME APPL’S Opt• MEETINGS (Opt)• HEARING (Opt)• VOTE: DIS/APRV

The Mayor may veto Commission or

City Council decision (+ 5 days)

The City Council may override Mayor’s

veto with a 2/3 majority (+ 10 days)



MECHANICS OFZONING


TOOLS &RESOURCES

Community Board ReviewHear from the public

− Hold public meeting (s)

− Hold public hearing (s)

− Post flyers/public

notice/monthly

mailings/e-mail

− Notify neighbors,

the applicant and

stakeholders

Issue a recommendation

− Consider the “proposed action,”

not just the project

− Action: map change

− Project: glass building

− Consider planning rationale

and policy implications

− Consider impacts (+/-)

− Address findings

− Follow through

(w/ Borough President, City

Planning Commission & the

City Council)

Community

Board

Dept. of

City Planning

Borough

President

Planning

Commission

City

Council



MECHANICS OFZONING


TOOLS &RESOURCES

The Landmarks Preservation Commission (LPC) was established in 1965 by

the Landmarks Law, following the loss of the original Penn Station in 1963.

− A landmark is a “building, property, or object

that has been designated by the LPC because

it has a special character or special historical

or aesthetic interest or value as part of the

development, heritage, or cultural character-

istics of the city, state, or nation.”

− LPC has power to designate landmarks and

historic districts.

− Designated landmarks can only be altered if

the LPC finds the alterations “appropriate.”

− LPC has 11 commissioners, all appointed by the

Mayor (at least 3 architects, 1 historian,

1 city planner or landscape architect

and 1 realtor).

Landmarks & Historic Districts



MECHANICS OFZONING


TOOLS &RESOURCES

Tools and Resources

New York Law School

Zoning Handbook

by the NYC Department

of City Planning

Handbook for Community

Board Members

by the Mayor’s Community

Assistance Unit

CityLand Journal and

CityAdmin (online)

NY Law School’s library

of land use decisions

www.mbpo.org DCP Bookstore22 Reade Street

www.citylaw.org

Office of Manhattan Borough PresidentScott M. Stringer

COMMUNITY AFFAIRS

JESSICA SILVER, Director

Community Liaisons

ALEC SCHIERENBECK

CBs 1 & 3

SANDY MYERS

CBs 2 & 4

SUZANNE JIMENEZ

CBs 5 & 7

KRISTEN ELLIS

CBs 6 & 8

LAND USE

BRIAN COOK, Director

JENNIFER HONG, Dep. Director

CB 1

Urban Planners

LIN ZENG

CBs 2, 3 & 7

Karolina Grebowiec-Hall

CBs 4, 5, 6 & 8

ERIKA LINDSEY

CBs 9, 10, 11 & 12

212-669-8300

NORTHERN MANHATTAN

SHANIFAH RIEARA, Director

Community Liaison

ANTHONINE PIERRE

CBs 9 & 10

Ingrid Sotelo

CB 11

Juan Rosa

CB12

Community Board Training Series


by

Land Use, Planning and Development DivisionOffice of Manhattan Borough President Scott M. Stringer

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