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Zoning

Zoning march 2013

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Page 1: Zoning march 2013

Zoning

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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

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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).

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Zoning

History

Initial goals of zoning:

1. Protect residential areas from

- ‘objectionable’ uses (i.e. industry),

- overcrowding, and

2. Control new building construction.

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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).

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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).

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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).

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Zoning

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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.

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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.

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Zoning

History

First “Comprehensive” zoning code:

New York City, 1916

Controlled:

- Use and

- Building Heights.

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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

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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.

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Hugh Ferris, Zoning Studies

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Zoning

1916 Zoning Resolution, Building Height Controls

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Zoning

Hugh Ferris, Zoning Studies

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Zoning

Hugh Ferris, Zoning Studies

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Zoning

Midtown, Hotel New Yorker Midtown, Lofts and Office Buildings

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Zoning

Midtown, Waldorf Astoria Hotel Midtown, 34th Street

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Upper West Side, Columbus Avenue

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Zoning

Le Corbusier, The City of Tomorrow, 1929

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Zoning

Lever House, 1952

SOM/ Gordon Bunshaft,

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Zoning

Lever House, 1952

SOM/ Gordon Bunshaft,

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Seagram Building, 1958 Mies Van Der Rohe, Philip Johnson

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New York City’s 1961 Zoning Resolution

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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

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Zoning

1961 Zoning Resolution, Principles: Tower-in-the-Park

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Le Corbusier,

The City of Tomorrow, 1929

Midtown, 6th Avenue,

“New” Rockefeller Center

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Tower-in-the-Park: Upper West Side, Lincoln Towers

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Tower-in-the-Park : Upper West Side, Lincoln Towers

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Le Corbusier, The City of Tomorrow, 1929

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Private-Public Space: Bonus Plaza, Merrill Lynch, 53rd Street

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Private-Public Space: Bonus Plaza, Park Avenue South

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Private-Public Space : Bonus Plaza,

Plaque, 53rd and Third

Private-Public Space: Bonus Subway

Entrance, 53rd and Third

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Zoning

Private-Public Space: Bonus Plaza and Subway Entrance, Citicorp Building

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Zoning

Private-Public Space: Bonus Interior Public Space, Citicorp Building

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Private-Public Space: Bonus Interior Public Space, Trump Tower

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Zoning

Vision Realized: Typical Bonus Plaza , Interior Public Space, Trump Tower

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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

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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)

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Zoning

R6 “Height Factor”/Tower-in-the-Park R6A “Contextual”

Height Limit

Streetwall

Base

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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

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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

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Zoning

New York City Zoning Resolution

• Mixed Use (“MX”) Zoning Districts

• Residential, Commercial and

light Manufacturing in same

building

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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

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Zoning

New York City Zoning Resolution

• “EC” Enhanced Commercial

Zoning Districts

• Regulations for ground floors

• Glazing

• Retail, Community

Facilitlies, Banks

• Lobby size

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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

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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

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Blue Box = Zoning Change Proposal

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Helpful Text Bubbles

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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

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Zoning