In this edition of “Up-Zoning”, we are writing to inform you of two significant updates regarding zoning regulations in New York City that may impact you and your property.
NYC Zoning Revamped — “City of Yes for Economic Opportunity”
Recently, the New York City Council approved phase 2 of Mayor Eric Adam’s “City of Yes” zoning initiative. The purpose behind these new regulations is to modernize New York City zoning regulations in an effort to aid businesses by providing more flexibility.
Major policy changes include:
- An expansion of business operations in industrial areas
- The elimination of time limits for non-conforming commercial uses through the removal of the two-year vacancy rule and the ability for store fronts to reactivate with certain office and retail uses
- An increase in the types of businesses that may operate out of homes and mixed-use buildings
- The removal of restrictions on comedy shows and dancing in restaurants and other entertainment venues
- An increase in clean manufacturing areas
Substantial zoning regulation impacts include:
- Offices and laboratories are now in the same Use Group (Use Group VII)
- A reduction in the number of Use Groups from 18 to 10
- Use Group VI uses include Retail and Service Uses
- An increase in the unit occupancy of home offices to 49%
- Zoning uses will now be noted with Roman numerals (Uses I-X).
- Use Group I: Agriculture and Open Uses
- Use Group II: Residences
- Use Group III: Community Facilities
- Use Group IV: Public Service Facilities and Infrastructure
- Use Group V: Transient Accommodation
- Use Group VI: Retail and Services
- Use Group VII: Offices and Laboratories
- Use Group VIII: Recreation, Entertainment, and Assembly
- Use Group IX: Storage
- Use Group X: Production Uses
Due to the new Roman numeral designations, all new Department of Buildings filings or pending applications must use the new numerical notation after July 1, 2024.
For Department of Buildings applications approved prior to the above date:
- Temporary Certificate of Occupancy renewals and Final Certificate of Occupancy may be issued using the prior zoning use group designations
- Approved applications without a Temporary Certificate of Occupancy may be submitted for Temporary Certificate of Occupancy Issuance with the prior zoning use group designations
- Final Certificate of Occupancy and Temporary Certificate of Occupancy renewals may be issued using prior zoning use group designations
- Post- approval amendments filed after the above date may use the prior zoning group designations.
Important Deadline – New Permanent Outdoor Dining in New York City
“Dining Out NYC” is the Department of Transportation’s (“DOT”) new program to assist restaurant owners to file for permanent outdoor dining permits. Eligible restaurants may apply for outdoor dining on the sidewalk, in the road, or both.
An eligible restaurant must:
- Be located on the ground floor, which is visible and directly accessible from the street;
- Operate pursuant to the NYC Department of Health and Mental Hygiene; and
- Be in a permitted location pursuant to the “Dining Out NYC Rules,” which may be found here: https://www.diningoutnyc.info/rules.
Key dates:
- August 3, 2024: Deadline for restaurant owners to apply for permanent outdoor dining through the “Dining Out NYC” program
- If you applied prior to August 3, 2024, applicants must comply with the new “Dining Out NYC” design requirements by the earlier of:
- 30 days after the DOT approves the “Dining Out NYC” application; or
- November 1, 2024.
Restaurant owners may apply for the necessary permit through DOT’s website at: https://diningout.nyc.gov/application/.
About BBG’s Land Use and Zoning Practice Group
We represent a diverse range of clients, including property owners, developers, educational and religious institutions, as well as licensed professionals such as engineers and architects. Our experienced team of attorneys understands the intricacies of NYC land use and zoning laws and has a proven record of successfully guiding projects through due diligence, project planning, and the government review and approval process.
Our services include, but not limited to:
- Due diligence and analysis of development potential and zoning review for licensed professionals, developers and lenders;
- Transfers of development rights (“air rights” transfers);
- Affordable housing and the City’s Inclusionary Housing Program;
- Variance, special permit and appeals applications at the Board of Standards and Appeals;
- Rezoning and special permit applications at the Department of City Planning;
- Requests to obtain Zoning Resolution and Code Determinations from the Department of Buildings;
- Approval by the Landmarks Preservation Commission;
- Assemblage, easement and development agreements; and
- Construction License Agreements / Access Agreements.
Contact Us
With new zoning changes comes new responsibility; as such, it is important to be aware of how the amended regulations may affect you and your property. Please feel free to reach to your BBG attorney of record with any questions about how your property may be affected by these newly adopted zoning regulations.
Written by Ron Mandel, lead Partner in the Firm’s Land Use and Zoning Department and Jenna Tammaro, Summer Associate