The Practitioner's Guide to the Powers of the Zoning Resolution
The Zoning Resolution, with its accompanying 126 Zoning Maps, is a voluminous yet concise organic document, amended continually since its adoption on Dec. 15, 1961, and it has intrigued me ever since I first laid eyes on it.
November 15, 2022 at 11:00 AM
8 minute read
Land Use and PlanningThis is the first in a series of articles focusing on how to utilize the Zoning Resolution of the City of New York to increase the development potential of a particular parcel. Recently, there has been an influx of articles discussing zoning, whether it is in regards to Mayor Adams' "City of Yes," opinions denouncing zoning regulations as an onerous obstacle to free market development, or discussions on a reduced role of the public's and political authority in the land use process. This series does not take a position on the effectiveness of zoning, although there is no doubt that a zoning framework must be in place.
The Zoning Resolution, with its accompanying 126 Zoning Maps, is a voluminous yet concise organic document, amended continually since its adoption on Dec. 15, 1961, and it has intrigued me ever since I first laid eyes on it. I try to be a creative and innovative lawyer, and the Zoning Resolution continuously inspires me. Within its chapters are processes that can be effectuated to not only assist clients in maximizing their profits, but also allow a practitioner to shape the landscape of the City itself.
This series begins with a discussion of rezonings, as an amendment to the Zoning Map encompasses a broad spectrum of land use processes and is the most effective means to maximize development potential without a NYC agency maintaining jurisdiction of a site. Unlike a variance, discussed later in this series, to which amendments must be approved by the Board of Standards and Appeals (the BSA), once a rezoning (an amendment to the Zoning Map) is adopted, a proposed design that conforms (to use) and complies (with bulk) with the rezoned regulations may be constructed as-of-right.
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