Land Use and Zoning

¶ … New York City's zoning laws as a principle means of regulating land use.

Use four relevant sources of information.

Through zoning, a city regulates building size, population density and the way land is used. Zoning recognizes the changing demographic and economic conditions of the city and is a key tool for carrying out planning policy.

Land Use and Zoning

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What public purpose does zoning attempt to serve?

New York City enacted the nation's first comprehensive zoning resolution in 1916 and continues to be a leader in zoning policy in the United States. Zoning really helps shape a city. The main purpose of zoning is to regulate the way land is used, to control population density and to have some type of control on building size.

New York City's Department of Planning is responsible for implementing the zoning regulations. In order to effectively carry out the concepts identified by the zoning regulations, the city has been divided into three basic zoning districts: residential, commercial and manufacturing. These categories are then further subdivided into retail or manufacturing areas, parking, building or residential. Areas designated as public parks do not fall under these regulations.

New York City's zoning laws govern the construction, alteration, movement, replacement or maintenance of buildings; the conduct and density of residential, commercial, industrial and public service activities; the areas and dimensions of sites; the appearance, design, height, bulk and placement of structures on each site and the provision of open space. Basically, most development or use of unimproved land has to meet zoning provisions before anything can be done to improve the property.

Discuss some of the key techniques and methods the NYC Zoning Resolution adopts to meet these goals.

Each of the individual zoning districts regulates the permitted use of land that falls under its jurisdiction in order to insure the safety, peace, comfort, convenience, prosperity and general welfare of its residents. The city has a variety of standards and amendments in place that control the physical development of the city to foster a harmonious, convenient, workable relationship among land uses.

The Planning Department takes into account such factors as building size and population density. According to the regulations, the maximum size of a building on a lot is determined by the floor area ratio assigned in the Zoning Resolution to each zoning district. Population density is controlled by the requirement, which varies per district that a set number of square feet of lot area are provided per dwelling unit or room (NYC Dept. Of Planning).

There are also regulations for handling issues such as open space, parking and lot coverage to prevent and/or minimize traffic congestion and to avoid the construction of building of excessive size in relationship to the available land around them. Providing adequate parking and maintaining private and public lands are also protected and enforced by zoning regulations.

Basically, any use of land or the construction of buildings is taken into consideration to insure that all development projects are improvements and provide for enhanced sites that are harmonious to what already exists.

To what extent do you think the methods and techniques are effective?

As with any laws, the zoning regulations are only as effective as the people who are enforcing them. First, we have to note the difference between zoning and planning. Zoning is the tool that cities and municipalities use to control the use of land. Planning is a very exacting method whereby a city is designed according to what would work best for the population, the land and often, the environment.

As with any large city, New York's zoning laws may have become a victim of too many visionaries. The landscape of the city has changed tremendously in the past century and in some cases the zoning laws have not kept pace and cannot address the newer issues that are at hand.

There are several significant outcomes which zoning needs to address:

Zoning must be consistent so that outcomes produce the desired result throughout the community

Zoning needs to be comprehensive so that it can take into account the range of possibilities that might occur

Zoning has to recognize and adapt to growth and change to meet future needs and expanding economies.

Zoning has to protect the population's quality of life.

Zoning has to be realistic and be able to be put into practice.

New York City's zoning regulations fall short even though the city has been a pioneer of innovation in zoning resolutions. In 1916, New York City championed zoning regulations ushered n the great building boom. But the regulations were flawed because they didn't take into account population density in certain areas nor did it provide for adverse environmental conditions in less affluent areas.

Today, New York is facing some consequential challenges that current regulations don't seem able to effectively deal with. The city is becoming a mecca of households of fewer people but more households. Space is at a premium as affluent families want larger rooms. The city is undergoing urban density and the revised zoning laws of 1961 are basically flawed in their vision and don't make allowances for urban growth. The reality is that New York City needs more development but of a different kind.

What improvements would you recommend and how would you justify their value and feasibility?

To begin with, new zoning may need to be implemented to allow for the type of flexibility and innovation that is now needed to design the city of the future. The old rules can still apply and be aptly enforced but a new series of regulations that addresses urban renewal and aesthetic architecture needs to be created.

Developers need to be enticed to want to build in New York City -- and to have the ability to make a profit. Height regulations need to be considered so that height will not be an intrusion to the landscape or the population. I would recommend that we welcome new and innovative ideas for building and that we find a balance between the old and the new. We can celebrate both and create an architectural vision that allows for the appreciation of both.