NYC Zoning Handbook:
Zoning Tomorrow
Chapter 13
Zoning is neither permanent nor rigid. It is, in a real sense, a system
of values that changes to reflect the needs and consciousness of
changing times.
It began as a passive instrument that set limits on size and use. It
told developers what could not be built. It was a negative control.
With the enactment of the 1961 Zoning Resolution, zoning underwent a
fundamental change. The 1961 code is a positive, permissive document In
simplest terms, this is manifested by the way the Zoning Resolution
determines what can be built in a district. Unlike the 1916 code, it
specifically enumerates uses allowed in each district. Formerly, when a
new use came into being, it could locate anywhere until zoning caught up
with its existence. Now, new uses must fit into one of the 18 Use Groups
or be one of the uses allowed by special permit
The 1961 document is positive in another way with more far-reaching
implications. The framers of the 1961 Zoning Resolution judged that
public open space at the base of towers in dense areas was desirable.
They also recognized that private developers could not be expected to
donate such plaza space, but that by offering the incentive of extra
rentable floor area as a trade-off, public plazas could be provided on
many sites. With this plaza bonus, zoning took a major step forward. A
new concept was introduced, the use of zoning as a positive instrument
to carry out public policy with private finances. Since 1961, many new
techniques have been incorporated into the Zoning Resolution. Zoning has
been used to help revitalize the Theatre District to protect the scale
and quality of special neighborhoods, to establish natural area
districts that preserve trees, streams, and hills, to save sound housing
and to spur development where it would bring new vitality to the city's
communities. Other special techniques that have been adopted include
urban design guidelines for sidewalk cafes, recycling of buildings to
create new housing, and stabilization of certain mixed use areas.
More recent amendments to the Zoning Resolution include: contextual
zoning of lower density neighborhoods in the outer boroughs, as well as
medium density zones in parts of Brooklyn and Queens, and higher density
areas on Manhattan's Upper West Side and Upper East Side; loft
conversion regulations that affect parts of Manhattan, Brooklyn, and
Queens; regulations preventing sliver building construction in high
density residential neighborhoods in Manhattan; new parking regulations
to implement federal and state air quality objectives; special midtown
zoning controls; Inclusionary Housing; and Quality Housing.
Other potential zoning initiatives under consideration are:
- New regulations for waterfront development and floating uses;
- A review of the regulations concerning community facility uses;
- Special off-street loading requirements to improve vehicular circulation
in the central business district areas;
- A review of the plaza bonus provisions; and
- Expanded Inclusionary Housing programs.
Clearly, these and other concepts expand the boundaries of zoning from a
strict measure of building setbacks or a list of allowed (or excluded)
uses. They broaden the horizons of planning and give government and the
people more flexible and sensitive controls to shape their environment.
