2. Zoning
Definition
A law that regulates the orderly
development of land.
• Divides areas into districts or
“zones” (e.g. “zoning”).
• Regulates:
• Use (residential, commercial,
manufacturing) (e.g. “land use”),
• Form (tall, low, detached, row-
house), and
• Density (house - apartment
building, shop - department store).
• For “the public health, safety and
general welfare” of a city or town
• A police power of government
3. Zoning
History
Until the early 1900’s, land was virtually
unregulated. Construction was generally
regulated only by:
1. Building Codes
(building height, floor area, lot
coverage, courts, windows),
2. ‘Nuisance’ laws
(restricted certain objectionable uses
(e.g. a slaughterhouse) within a city
from being near another, ‘sensitive’
use (e.g. housing), and
3. Deed restrictions
(private agreements that were part of
the property ownership that limited its
use by its owner).
4. Zoning
History
Initial goals of zoning:
1. Protect residential areas from
- ‘objectionable’ uses (i.e. industry),
- overcrowding, and
2. Control new building construction.
5. Zoning
Purpose and Nature
• “public health, safety and general
welfare”,
• Orderly growth,
• Protect property values,
• Raise or increase density,
• Increase residential, commercial
and manufacturing development,
• Manage aesthetics,
• Provide for public amenities
(plazas, waterfront, open space),
• Provide for different types of
housing (affordable, artists), and
• Protect the environment (planting
requirement, bicycle facilities).
6. Zoning
Zoning (generally) does NOT:
Regulate architecture/ aesthetics of
a building,
Control building materials,
(typically)
Spur growth/ development where
there is no market demand,
Preserve a building or structure,
Regulate the brand of business that
may use a piece of land (e.g.
Walmart), and
Retroactively discontinue a use (in
almost all cases).
7. Zoning
How Zoning Works
Zoning Text
(definitions, enforcement,
administration, exceptions, parking,
signage)
Zoning Maps
(shows zoning districts over streets,
generally - Residential, -
Industrial/Manufacturing, -
Commercial, - Agricultural and –
other mixed-use districts).
9. Zoning
How Zoning Works
Administration:
1. Zoning or Planning Commission,
Reviews and approves changes in
land use, zoning. Usually consists of
appointed members (architects,
planners, engineers). Decisions are
reviewed by local legislative body
(e.g. City Council).
2. Zoning or Planning Department
Studies land use and zoning issues
and makes recommendations to
Planning Commission and other land
use decision makers.
10. Zoning
How Zoning Works
Administration
3. Zoning ‘Enforcement’ Agency,
Responsible for the day-to-day
enforcement of the zoning
regulations. (New York City:
Department of Buildings)
4. Board for Zoning Appeals
May allow variance or a Special
Permit from the zoning of a lot
(New York City: Board of Standards
and Appeals (BSA))
- Variances:
exceptions to the Zoning Resolution,
- Special Permits:
specific allowed changes.
12. Zoning
History
First “Comprehensive” zoning code:
New York City, 1916
Controlled:
- Use.
Encroachment of factory
buildings into residential areas Flatiron Loft
District,
Fifth Avenue
Villard House, Madison Avenue
13. Zoning
History
First “Comprehensive” zoning code:
New York City, 1916
Controlled:
- Building Heights.
Prevent blocking of light and air.
Equitable Building,
120 Broadway,
1912-1915
26. Zoning
New York City Zoning Resolution
Principles:
• Strict separation of Uses:
“R” Residential,
“C” Commercial and
“M” Manufacturing
• “Tower-in-the-Park”/“Height
Factor” :
Towers with no height limit allowed
on 40% of lot with “open space”
• “Floor Area Ratio” (F.A.R.):
Limitation on density (F.A.R. X Lot
Area = Total Building Floor Area)
• Extra floor area for public plazas
(“bonus”) in higher density districts
39. Zoning
New York City Zoning Resolution
• Special Districts
Special zoning regulations for
specific areas. Examples:
• Height limits
• Mix of uses
• Urban Design (Ground-floor
Use, Sidewalks, Curb Cuts)
• Bonuses (e.g. Theater)
Special Districts,
Downtown Brooklyn
40. Zoning
New York City Zoning Resolution
• Contextual Zoning Districts/
Quality Housing
• Identified by ‘A’ or ‘B’ suffix (e.g.
R10A, C4-6A)
• Streetwall/ line-up
• Base and setback
• Height limit
• Resident amenities (laundry,
daylight in halls)
42. Zoning
New York City Zoning Resolution
• Waterfront Zoning
• Public access to waterfront
• Upland connection to public
access
• Seating, landscaping
• Visual corridors from upland to
water
Battery Park City
43. Zoning
New York City Zoning Resolution
• Waterfront Zoning
• Public access to waterfront
• Upland connection to public
access
• Seating, landscaping
• Visual corridors from upland to
water
44. Zoning
New York City Zoning Resolution
• Mixed Use (“MX”) Zoning Districts
• Residential, Commercial and
light Manufacturing in same
building
45. Zoning
New York City Zoning Resolution
• Inclusionary Zoning Districts
• Bonus for affordable housing
(+33% for 20%)
• New construction or
preservation
• Within building
• Within community
• Duration of life of building
46. Zoning
New York City Zoning Resolution
• “EC” Enhanced Commercial
Zoning Districts
• Regulations for ground floors
• Glazing
• Retail, Community
Facilitlies, Banks
• Lobby size
47. Zoning
New York City Zoning Resolution
• “Green” Zoning Initiatives
• Indoor bicycle parking
• Bonus for providing a space for
a store selling fresh food
• Front Yard Landscaping
• Car Sharing
• Parking Lot Landscaping
• Street Tree Planting
• “zone green” - Allowing and
encouraging energy-saving
features for buildings
48. Zoning
How to determine the zoning of a
given property:
1. Look at zoning map
2. Identify zoning district
3. Look up regulations:
• Use,
• Density
• Height, setback
• Yards
• Parking (cars and bikes)
• Special restrictions, incentives
65. Zoning
New York City Zoning Resolution New York City Zoning Resolution
Original Principles: • Special Districts
• Strict Separation of Uses:
“R” Residential, • “Contextual” Zoning Districts/
“C” Commercial and “Quality Housing”
“M” Manufacturing
• Waterfront Zoning
• “Tower-in-the-Park”/“Height
Factor” • “MX” Mixed-Use Districts
• “Floor Area Ratio” (F.A.R.) • “Inclusionary Housing” Zoning
• Extra/”Bonus” Floor Area for • “EC” Enhanced Commercial
Public Plazas Districts
• “Green” Zoning
