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Zoning
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
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).
Zoning
History
Initial goals of zoning:
1. Protect residential areas from
- ‘objectionable’ uses (i.e. industry),
- overcrowding, and
2. Control new building construction.
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).
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).
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).
Zoning
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.
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.
Zoning
History
First “Comprehensive” zoning code:
New York City, 1916
Controlled:
- Use and
- Building Heights.
Zoning
Villard House, Madison Avenue
History
First “Comprehensive” zoning code:
New York City, 1916
Controlled:
- Use.
Encroachment of factory
buildings into residential areas Flatiron Loft
District,
Fifth Avenue
Zoning
Equitable Building,
120 Broadway,
1912-1915
History
First “Comprehensive” zoning code:
New York City, 1916
Controlled:
- Building Heights.
Prevent blocking of light and air.
Zoning
Hugh Ferris, Zoning Studies
Zoning
1916 Zoning Resolution, Building Height Controls
Zoning
Hugh Ferris, Zoning Studies
Zoning
Hugh Ferris, Zoning Studies
Zoning
Midtown, Hotel New Yorker Midtown, Lofts and Office Buildings
Zoning
Midtown, Waldorf Astoria Hotel Midtown, 34th Street
Zoning
Upper West Side, Columbus Avenue
Zoning
Le Corbusier, The City of Tomorrow, 1929
Zoning
Lever House, 1952
SOM/ Gordon Bunshaft,
Zoning
Lever House, 1952
SOM/ Gordon Bunshaft,
Zoning
Seagram Building, 1958 Mies Van Der Rohe, Philip Johnson
Zoning
New York City’s 1961 Zoning Resolution
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
Zoning
1961 Zoning Resolution, Principles: Tower-in-the-Park
Zoning
Le Corbusier,
The City of Tomorrow, 1929
Midtown, 6th Avenue,
“New” Rockefeller Center
Zoning
Tower-in-the-Park: Upper West Side, Lincoln Towers
Zoning
Tower-in-the-Park : Upper West Side, Lincoln Towers
Zoning
Le Corbusier, The City of Tomorrow, 1929
Zoning
Private-Public Space: Bonus Plaza, Merrill Lynch, 53rd Street
Zoning
Private-Public Space: Bonus Plaza, Park Avenue South
Zoning
Private-Public Space : Bonus Plaza,
Plaque, 53rd and Third
Private-Public Space: Bonus Subway
Entrance, 53rd and Third
Zoning
Private-Public Space: Bonus Plaza and Subway Entrance, Citicorp Building
Zoning
Private-Public Space: Bonus Interior Public Space, Citicorp Building
Zoning
Private-Public Space: Bonus Interior Public Space, Trump Tower
Zoning
Vision Realized: Typical Bonus Plaza , Interior Public Space, Trump Tower
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
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)
Zoning
R6 “Height Factor”/Tower-in-the-Park R6A “Contextual”
Height Limit
Streetwall
Base
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
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
Zoning
New York City Zoning Resolution
• Mixed Use (“MX”) Zoning Districts
• Residential, Commercial and
light Manufacturing in same
building
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
Zoning
New York City Zoning Resolution
• “EC” Enhanced Commercial
Zoning Districts
• Regulations for ground floors
• Glazing
• Retail, Community
Facilitlies, Banks
• Lobby size
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
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
Zoning
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Blue Box = Zoning Change Proposal
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Helpful Text Bubbles
Zoning
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Zoning
New York City Zoning Resolution
Original Principles:
• Strict Separation of Uses:
“R” Residential,
“C” Commercial and
“M” Manufacturing
• “Tower-in-the-Park”/“Height
Factor”
• “Floor Area Ratio” (F.A.R.)
• Extra/”Bonus” Floor Area for
Public Plazas
New York City Zoning Resolution
• Special Districts
• “Contextual” Zoning Districts/
“Quality Housing”
• Waterfront Zoning
• “MX” Mixed-Use Districts
• “Inclusionary Housing” Zoning
• “EC” Enhanced Commercial
Districts
• “Green” Zoning
Zoning
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