ZoningDefinitionA law that regulates the orderlydevelopment of land.• Divides areas into districts or “zones” (e.g. “zoning”).• Regulates: • Use (residential, commercial, manufacturing) (e.g. “land use”), • Form (tall, low, detached, row- house), and • Density (house - apartment building, shop - department store).• For “the public health, safety and general welfare” of a city or town• A police power of government
ZoningHistoryUntil the early 1900’s, land was virtuallyunregulated. Construction was generallyregulated only by:1. Building Codes (building height, floor area, lot coverage, courts, windows),2. ‘Nuisance’ laws (restricted certain objectionable uses (e.g. a slaughterhouse) within a city from being near another, ‘sensitive’ use (e.g. housing), and3. Deed restrictions (private agreements that were part of the property ownership that limited its use by its owner).
ZoningHistoryInitial goals of zoning:1. Protect residential areas from - ‘objectionable’ uses (i.e. industry), - overcrowding, and2. Control new building construction.
ZoningPurpose and Nature• “public health, safety and general welfare”,• Orderly growth,• Protect property values,• Raise or increase density,• Increase residential, commercial and manufacturing development,• Manage aesthetics,• Provide for public amenities (plazas, waterfront, open space),• Provide for different types of housing (affordable, artists), and• Protect the environment (planting requirement, bicycle facilities).
ZoningZoning (generally) does NOT: Regulate architecture/ aesthetics of a building, Control building materials, (typically) Spur growth/ development where there is no market demand, Preserve a building or structure, Regulate the brand of business that may use a piece of land (e.g. Walmart), and Retroactively discontinue a use (in almost all cases).
ZoningHow Zoning WorksZoning Text (definitions, enforcement, administration, exceptions, parking, signage)Zoning Maps (shows zoning districts over streets, generally - Residential, - Industrial/Manufacturing, - Commercial, - Agricultural and – other mixed-use districts).
ZoningHow Zoning WorksAdministration:1. Zoning or Planning Commission, Reviews and approves changes in land use, zoning. Usually consists of appointed members (architects, planners, engineers). Decisions are reviewed by local legislative body (e.g. City Council).2. Zoning or Planning Department Studies land use and zoning issues and makes recommendations to Planning Commission and other land use decision makers.
ZoningHow Zoning WorksAdministration3. Zoning ‘Enforcement’ Agency, Responsible for the day-to-day enforcement of the zoning regulations. (New York City: Department of Buildings)4. Board for Zoning Appeals May allow variance or a Special Permit from the zoning of a lot (New York City: Board of Standards and Appeals (BSA)) - Variances: exceptions to the Zoning Resolution, - Special Permits: specific allowed changes.
ZoningHistoryFirst “Comprehensive” zoning code: New York City, 1916Controlled: - Use and - Building Heights.
ZoningHistoryFirst “Comprehensive” zoning code: New York City, 1916Controlled: - Use. Encroachment of factory buildings into residential areas Flatiron Loft District, Fifth Avenue Villard House, Madison Avenue
ZoningHistoryFirst “Comprehensive” zoning code: New York City, 1916Controlled: - Building Heights. Prevent blocking of light and air. Equitable Building, 120 Broadway, 1912-1915
ZoningNew York City Zoning ResolutionPrinciples:• Strict separation of Uses: “R” Residential, “C” Commercial and “M” Manufacturing• “Tower-in-the-Park”/“Height Factor” : Towers with no height limit allowed on 40% of lot with “open space”• “Floor Area Ratio” (F.A.R.): Limitation on density (F.A.R. X Lot Area = Total Building Floor Area)• Extra floor area for public plazas (“bonus”) in higher density districts
ZoningLe Corbusier, Midtown, 6th Avenue, The City of Tomorrow, 1929 “New” Rockefeller Center
ZoningTower-in-the-Park: Upper West Side, Lincoln Towers
ZoningTower-in-the-Park : Upper West Side, Lincoln Towers
ZoningLe Corbusier, The City of Tomorrow, 1929
ZoningPrivate-Public Space: Bonus Plaza, Merrill Lynch, 53rd Street
ZoningPrivate-Public Space: Bonus Plaza, Park Avenue South
ZoningPrivate-Public Space : Bonus Plaza, Private-Public Space: Bonus SubwayPlaque, 53rd and Third Entrance, 53rd and Third
ZoningPrivate-Public Space: Bonus Plaza and Subway Entrance, Citicorp Building
ZoningPrivate-Public Space: Bonus Interior Public Space, Citicorp Building
ZoningPrivate-Public Space: Bonus Interior Public Space, Trump Tower
ZoningVision Realized: Typical Bonus Plaza , Interior Public Space, Trump Tower
ZoningNew York City Zoning Resolution• Special Districts Special zoning regulations for specific areas. Examples: • Height limits • Mix of uses • Urban Design (Ground-floor Use, Sidewalks, Curb Cuts) • Bonuses (e.g. Theater) Special Districts, Downtown Brooklyn
ZoningNew York City Zoning Resolution• Contextual Zoning Districts/ Quality Housing • Identified by ‘A’ or ‘B’ suffix (e.g. R10A, C4-6A) • Streetwall/ line-up • Base and setback • Height limit • Resident amenities (laundry, daylight in halls)
Zoning Height Limit Base StreetwallR6 “Height Factor”/Tower-in-the-Park R6A “Contextual”
ZoningNew York City Zoning Resolution• Waterfront Zoning • Public access to waterfront • Upland connection to public access • Seating, landscaping • Visual corridors from upland to water Battery Park City
ZoningNew York City Zoning Resolution• Waterfront Zoning • Public access to waterfront • Upland connection to public access • Seating, landscaping • Visual corridors from upland to water
ZoningNew York City Zoning Resolution• Mixed Use (“MX”) Zoning Districts • Residential, Commercial and light Manufacturing in same building
ZoningNew York City Zoning Resolution• Inclusionary Zoning Districts • Bonus for affordable housing (+33% for 20%) • New construction or preservation • Within building • Within community • Duration of life of building
ZoningNew York City Zoning Resolution• “EC” Enhanced Commercial Zoning Districts • Regulations for ground floors • Glazing • Retail, Community Facilitlies, Banks • Lobby size
ZoningNew York City Zoning Resolution• “Green” Zoning Initiatives • Indoor bicycle parking • Bonus for providing a space for a store selling fresh food • Front Yard Landscaping • Car Sharing • Parking Lot Landscaping • Street Tree Planting • “zone green” - Allowing and encouraging energy-saving features for buildings
ZoningHow to determine the zoning of agiven property:1. Look at zoning map2. Identify zoning district3. Look up regulations: • Use, • Density • Height, setback • Yards • Parking (cars and bikes) • Special restrictions, incentives