ZONING OVERVIEW

A Zoning Summary or analysis of applicable zoning regulations on a given property should be one of the very first steps to consider at the start of a new development project. When asked to prepare a Zoning Summary, I like to refer and use the 3C Codes sample zoning summary as a general guideline/template to generate an overview of regulations.

3C CODES CONNECT EGUIDE GLOSSARY
*Note: The terms used throughout this eGuide are NOT legal terms and shall be referenced solely for purpose of this eGuide. Refer to the appropriate resource for terms defined in the applicable NYC Zoning and Building Codes.

Zoning Summary: (aka Zoning Analysis) – used to describe a written document typically prepared by an Architect, Land-Use Attorney and/or Zoning Consultant outlining the bulk and use regulations for a building or property according to the NYC Zoning Resolution.

Use: A term referring to how a building or space is used according to Zoning. The “use” or “uses” or “use group” within a building should NOT be compared to “occupancy” per the Building Code.

Bulk: The allowable envelope and footprint of a building on a site. Zoning Bulk regulates size, height, setbacks, and overall building parameters on a property/lot.

Zoning Lot: The parameters of a plot of land used to calculate allowable bulk regulations. A Zoning lot is typically a tax lot per Department of Finance Tax Maps however, may contain multiple tax lots if owned by a single entity.

Zoning Districts: Designated areas mapped as Residential, Commercial, or Manufacturing. Some areas are mapped within more than one district or within a special district (i.e. midtown Manhattan) which have additional zoning regulations.

As-of-right: Conditions that are deemed compliant with applicable Zoning and Building code provisions without requiring a variance or waiver.

Floor Area: Specific zoning term meaning gross square footage measured from exterior to exterior of a building excluding but not limited to: Attics, MER and Equipment rooms/spaces, and cellars located more than 50 percent below grade.

CONSIDERATIONS

  • The NYC Zoning Resolution is regulated by the Department of City Planning as the
    Governing Agency having Jurisdiction. Unlike the Building Code, the Department of Buildings only interprets and enforces the NYC Zoning Resolution but does NOT issue waivers or variances of Zoning Regulations.
  • Typically, zoning takes precedent over Building Codes and should be analyzed at the start of a project prior to the design-development phase.
  • For existing buildings, a valid Certificate of Occupancy can help verify zoning information including floor designations to determine whether the property contains a cellar or basement.

DISCLAIMER: The information provided by 3C Codes LLC are not legal services and any opinions or interpretations of NYC Zoning laws, Construction Codes, and regulatory filing procedures must be verified by the appropriate governing agency. 3C Codes LLC does not guarantee any outcomes based on the opinions provided and the reliance of any information contained in this document is entirely at your own risk.

COPYRIGHT: All materials contained on this document are protected by United states copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcasted without the prior written permission of 3C Codes LLC and the individual writer identified.

NOTICE: NYC DEPARTMENT OF BUILDINGS OR ANY OTHER NYC GOVERNING AGENCY REFERENCED THROUGHOUT THIS EGUIDE DID NOT HAVE ANY KNOWLEDGE, PARTAKE, COMMENT, CONSULT, ADVISE OR ASSIST IN THE PRODUCTION OF THIS eGUIDE.