photo courtesy of wikipedia

The NSA is often called “No Such Agency” – since its operations are cloaked in secrecy – while the BSA has been called, by the Times, “a (powerful, but) relatively obscure agency”.  See the similarity?

Now, we can’t say that the Nation’s security hangs in the balance at the BSA – but, it does carry out a vital – and often misunderstood – role in City government and zoning law.  It is a powerful and quietly effective and efficient organization.  Like the NSA, it manages to avoid the spotlight, all the while subject to the (exclusive) control of the executive branch.  (NSA’s chief is, of course, appointed by POTUS – code for President of the United States; the BSA is controlled by Hizzoner, the Mayor). (more…)

A Zipcar, soon to be legitimized by the Zoning Resolution. Image via movementbureau.blogs.com

This Wednesday, the NYC Planning Commission held a hearing on the City Planning Department’s proposed car sharing zoning text amendment.  The text amendment would officially recognize and regulate car sharing services such as Zipcar.  Currently, Zipcar and other car sharing services are in somewhat of a gray area when it comes to zoning, in that they are not mentioned in the zoning resolution at all.  The proposed text amendment would allow car sharing vehicles in both accessory and public parking garages throughout the city. (more…)

Last week, the New York City Council’s land use committee unanimously approved CPC Resource’s application for the New Domino development.  As we discussed back in January (when the project was certified), the approval will permit the development of 2,200 units on the Brooklyn waterfront, along with community facility, office and retail space.   The project also includes 660 units of affordable housing, over 4 acres of publicly accessible open space, including a waterfront esplanade and a 1-acre lawn, and the preservation of the landmark Refinery building. (more…)

This week, the New York Supreme Court decided in favor of the City in an “adult use” zoning case (For the People Theatres of NY Inc. v City of New York), drawing yet another chapter to a close in the ongoing saga of adult establishments vs. the City of New York.  As a result of this decision, which places substantial additional limits on the location of adult uses, a number of adult book and video stores that have been operating as “60/40″ establishments – businesses where only 40% or less of the floor area is occupied by adult uses — will likely have to close or move elsewhere.  The case, which dates to 2002 (and was remanded from the Court of Appeals), was in response to a 2001 amendment to the Zoning Resolution expanding the definition of “adult establishment.” However, the controversy over the regulation of adult establishments in the Zoning Resolution dates back to at least 1995, when the ZR was originally amended to classify adult establishments as different from other commercial uses.  (more…)

Last month, the City Council approved the FRESH Food zoning text amendment, which is part of an initiative by the city to  create and retain grocery stores in underserved neighborhoods.    Before the passage of this text amendment, there were several barriers in the zoning resolution that made it difficult for full-size grocery stores to open in various neighborhoods throughout the city, including size limits and significant parking requirements.   The FRESH Food text amendment will remove some of these barriers by creating a zoning program to incentivize grocery store development.   As defined in the zoning text, a FRESH food store must be primarily devoted to selling grocery products, and must also meet certain other requirements. (more…)

Yesterday, the City Planning Commission certified the application for the New Domino project.  The project, when approved, will permit the redevelopment of the formerly-industrial Domino Sugar factory site on the Brooklyn waterfront as a vibrant, mixed-use development.

(more…)

As the industry’s contribution to the City’s economy continues to shrink, city planners contemplate tinkering with the many nuances that comprise the Garment Center Special Zoning District.  Did you know that a famous clothing designer can’t have her corporate world headquarters in the District?  Zoning forbids it!  Such a use – while entirely devoted to the fashion industry – isn’t allowed.  Technically, it’s an office use, not a garment use.  New offices uses are not allowed; conversions are permitted, subject to a complex “preservation requirement” where building owners must promise to maintain a much higher percentage of (real) garment uses for every square foot of space converted to non-garment use. (more…)

Air rights  – a.k.a. (or m.p.k.a. – more properly known as) unused zoning floor area development rights – can be a great source of confusion – particularly when it comes to determining how to be sure when you buy them that you can use them.

In an important decision last year, the NYS Supreme Court concluded that merely buying unused zoning floor area from an adjoining parcel does not mean that “all zoning rights” needed to complete a development have been secured.

But, we are getting ahead of ourselves. (more…)