ZONING 101
Community Board 1 Brooklyn
PURPOSE
Understand what zoning is and why it matters
Build familiarity with zoning terms + processes
Identify opportunities to advance community priorities
Empower residents to get involved in public processes
Zoning is a negotiation: it’s a balance between the public and private property rights.
1 / DETERMINES WHERE THINGS CAN GO
Residential
Commercial
Manufacturing
2 / DETERMINES WHAT CAN BE BUILT
Size + Bulk
Shape
Setbacks + Parking
ZONING IMPACTS RACIAL EQUITY AND PUBLIC HEALTH.
IT INFLUENCES HOW NEIGHBORHOODS LOOK AND FEEL...
WHERE FOLKS CAN LIVE...
HOW HEALTHY FOLKS ARE...
HOW FOLKS INTERACT...
How does zoning impact your neighborhood experience?
What changes have you experienced in your neighborhood over time as a result of zoning?
History of Zoning.
1880s - 1900 Tenement Acts
(image: KPF Urban Interface)
SAFETY + HEALTH CONCERNS
1916
NYC pioneered USA’s first city-wide zoning code to address health + wellness concerns about light, air + safety as building technology resulted in taller structures
(42 Story Equitable Building)
1964
Zoning was used to address increasingly denser cities, and auto-centered development that was brought about by the mass production of cars and houses.
ZONING ORIGIN
RULE MAKERS
White wealthy affluent men
RED LINING
Discriminatory practice of banks denying mortgages to people, mostly people of color, preventing them from buying a home in certain neighborhoods or getting a loan to renovate their house.
Implicit
INCOME RESTRICTIONS
White middle class americans moved to Suburban neighborhoods, where high living costs limited entry for low income people.
HOW WERE RULES ENACTED?
Exclusionary Zoning Practices
Segregated Communities
White middle class neighborhoods organized to keep ‘unwanted’ people out
IMPACT
White
Black
Hispanic
Asian
Key
IMPACT
Segregated Communities
IMPACT
Environmental Racism
Systemic Disinvestments
Diversity + Inclusion
Organizing
Community Led Processes
CHANGING THE NARRATIVE
Community Led
NEIGHBORHOOD RE-ZONINGS
NEIGHBORHOOD RE-ZONINGS
“We wanted to see a rezoning that would put some controls on overdevelopment and get affordable housing in return.”
"Zoning should be a tool to open up exclusive neighborhoods and instead it’s being used as a Trojan horse to gentrify lower-income neighborhoods."
"It’s very hard for communities to sponsor zoning changes if the city doesn’t want to be of assistance, because they’ll say, 'ok, you can propose that but you will have to pay for the Environmental Impact Statement' and they are not cheap"
"When the vote on the rezoning takes place, the zoning map is changed and essentially the next day, developers can start filing permits with the city. More often than not it falls to the local council member after the rezoning takes place to carry the communities demands."
PROACTIVE ZONING TACTICS
When existing neighborhood assets and residents are considered, Zoning has the ability to build and lift up neighborhoods in a responsible and balanced way.
Preserving the neighborhood and it’s residents, while also bringing in needed resource and highlighting neighborhood character.
NEW MODELS?
How might different folks in your neighborhood have different experiences accessing services and opportunities?
What challenges might other New Yorkers face living in your neighborhood?... how about for folks trying to move into your neighborhood?
Community Board 1 Brooklyn.
CB1 CURRENT BOUNDARY + ZONING
SPECIAL DISTRICTS
Special Districts supplement and modify the underlying zoning to respond to a neighborhoods distinctive character, issues and goals.
This can look like:
Historic Districts
Enhance Commercial Districts
Coastal Risk Districts
Natural Area Districts etc.
CB1 has Mixed Used Districts, which allow for residential properties to be developed in manufacturing zoned areas
COMMERCIAL OVERLAY
A commercial overlay allow commercial uses in residential zoned areas to serve local retail needs. Typically found in major roads, these overlays create neighborhood commercial corridors.
CB1 has commercial corridors along:
FORMER ZONING AMENDMENTS
2000
2005
Waterfront Re-Zoning
2009
Contextual Re-Zoning
Photo credit: Kristy Chatelain, Larry Walczak, James Corner Field Operations
DEMOGRAPHIC CHANGES
78% Rent Increase
41% Increase in Avg. Income
52% Increase in Non-Family Households
44% Increase in Adults w/ College Degrees
From 1990 - 2014, CB1 BK experienced the following increases:
CB1 + COMMUNITY ACTION
“It often falls to community boards and advocacy groups to make sure there's a balance between the development and the preservation of an area's character. In most cases, you can expect your community involvement to be even more important after a rezoning, in order to achieve that and make sure the city follows through on promises to support that effort.”
COMMUNITY BOARDS
LAND USE
CB1 hosts meetings for the public to weigh in on changes to the built environment, including proposed changes to City-owned, private and landmark properties + changes to zoning.
BUDGET
CB1 receives input from the public on projects, programs and services needed within the district and advocates for these by submitting budget priorities to the City.
SERVICE DELIVERY
The District Office handles the day-to-day processing of citizen complaints and requests for municipal services.
COMMUNITY BOARDS
LAND USE
CB1 hosts meetings for the public to weigh in on changes to the build environment, including proposed changes City-owned, private and landmark properties + changes to zoning.
Uniform Land Use Review Process (ULURP)
Special Use Permits / Zoning Variances
Community Board Development Plans
GET INVOLVED!
Resident input and feedback is critical to CB1’s success. By acting as the community’s eyes and ears you are helping to improve the quality of life in your neighborhood.
CALL YOUR CB.
ATTEND MONTHLY MEETINGS.
BECOME A MEMBER.
JOIN A COMMITTEE.
CB1 BROOKLYN GOALS
BALANCED
DEVELOPMENT
AFFORDABILITY
DIVERSITY
RESILIENCY
Diversified commercial spaces�
Diverse representation of community and residents
Environmental Sustainability �
Accessible Green Space
Connected Transit networks
True affordable housing,
Affordable manufacturing, and commercial options
Landmark protections
�Industry + Manufacturing protections
�
Why did you choose get involved with CB1?
What are ways that CB1 can further amplify community input around land use?
Zoning Terms + Tools.
ZONING DISTRICT REGULATIONS
Types of uses
Density (floor area ratio; FAR)
Density of uses
Building Form
Number of dwelling units
Amount of open space
Required parking (if any)
Lot coverage
Distance from buildings and lot lines (setbacks)
SAMPLE SITE: 40 QUAY STREET
40 Quay Street
Building Type: Warehouse Building
Land Use: Industrial + Manufacturing
Lot Area: 80,000 Sqft
ZONING MAP: 40 QUAY STREET
R6
R 6 + C 2 - 4
USE
INTENSITY
PARKING
ZONING USES
R = Residential District
C = Commercial District
M = Manufacturing District
TYPES OF USES
RESIDENTIAL
Where people live. There are 10 levels of residential zones, from single family homes to high-rise towers.
COMMERCIAL
Where people work and buy or sell goods. The number determines the types of businesses allowed.
MANUFACTURING
Where activities that make noise, create traffic or emit pollution can happen. They range from light to heavy industrial uses.
Zoning categories found in CB1
DENSITY (FLOOR AREA RATIO / FAR)
FLOOR AREA RATIO
The ratio of total building floor area to the area of its zoning lot. Multiplying the FAR by the lot size will give you the maximum permitted floor area (size) or square footage of a building.
FAR = 1.0
100% Lot Coverage
FAR = 1.0
50% Lot Coverage
FAR = 1.0
25% Lot Coverage
FAR = 1.0
DENSITY (FLOOR AREA RATIO / FAR): 40 QUAY STREET
Existing FAR: 0.9
Lot Area: 80,000 Sqft
Building Area: 73,000 Sqft
DENSITY (FLOOR AREA RATIO / FAR): 40 QUAY STREET
Existing FAR: 0.9
Lot Area: 80,000 Sqft
Manufacturing SF: 73,000 Sqft
Max Res. FAR: 2.4
Lot Area: 80,000 Sqft
Residential SF: 192,000Sqft
Max Building Area: 192,000 Sqft
Max Facility FAR: 4.8
Lot Area: 80,000 Sqft
Residential SF: 192,000Sqft
Comm. Fac. SF: 192,000Sqft
Max Building Area: 384,000 Sqft
AS OF RIGHT DEVELOPMENT: BUILD MORE
Types of uses / Residential + Commercial Overlay
Density (FAR) / Mas Res FAR 2.4; Max Facility FAR 4.8
Number of dwelling units / 282 Units*
Amount of open space / 0%
Required parking / 0
Lot coverage / 100%
Setbacks / 0’ front, side + rear
Existing FAR: 0.9
Unused FAR = 3.9
Unused Sqft (As Of Right) = 311,000 Sqft
*Estimate based on DOB’s 680sf /residential unit standard
INCENTIVE ZONING
Incentive zoning provides additional floor area in exchange for public amenities or affordable housing.
CB1 to request amenities that address community priorities, examples:
As of Right�FAR: 2.4
As of Right + Inclusionary Housing�FAR 3.6
As of Right + Inclusionary Housing + Community Facility �FAR: 4.8
CB-1 Land Use Influence.
COMMUNITY BOARD INFLUENCE
UNIFORM LAND USE (ULURP)
SPECIAL USE/ZONING VARIANCES
CB DEVELOPMENT PLANS
UNIFORM LAND USE PROCESS (ULURP)
ULURP is the way New York City makes sure big land-use decisions that affect the city’s neighborhoods get reviewed by the public and approved, changed, or disapproved by decision-makers from the local level to the citywide level. It takes a maximum 215 days to complete.
ULURP / WHEN
Graphic credit: Center for Urban Pedagogy
ULURP / PROCESS
Graphic credit: Center for Urban Pedagogy
ENVIRONMENTAL REVIEW PROCESS
City Environmental Quality Review (CEQR) is a process that determines what effects, if any, a discretionary action they approve may have upon the environments
Some components the process reviews
Land Use, Zoning + Public policy
Hazardous Materials
Transportation
Air Quality
Noise
Public Health
Neighborhood Character
Mitigation
ULURP / COMMUNITY INPUT
The best way to have a real impact on a ULURP proposal is to be involved before there is an official proposal.
Pre-ULURP
During ULURP
After ULURP
SPECIAL PERMITS: TRANSFERRING AIR RIGHTS
A zoning lot merger is the joining of two or more adjacent zoning lots into one, allowing unused development rights to shift from one lot to another.
Transfer of development rights (TDR) is the transfer of unused development rights from one zoning lot to another where a zoning lot merger isn’t possible
DEVELOPMENT OPPORTUNITIES: 40 QUAY STREET
Existing Conditions
Lot(s) Area: 80,000 Sqft� 38,000 Sqft
�
Transferable Air Rights
with Max community facility FAR
Lot Area: 38,000 Sqft
Max Building Area: 183,000 Sqft
Air Rights used: 104,757 Sqft
�Total Building Area: 288,000 Sqft
Zoning Lot Merger�with Max community facility FAR�
Lot Area: 118,000 Sqft
Max Building Area: 570,000 Sqft
CB-1 THINGS TO CONSIDER
WHAT DETERMINES AFFORDABILITY?
AFFORDABLE FOR WHO?
*AMI = Area Median Income
In a given area and year, half of the households earn more than the AMI and half earn less. Requirements for affordable housing are often calculated using a percentage of AMI.
A major issue with determining affordability through AMI, is that it calculates the average income of the City and not the neighborhood itself. This is detrimental to low income neighborhoods where even the City’s average income is too high for residents to afford.
CB1 Stat
In 2019 the AMI for New York City was $96,100 for a family of 3. So if the income requirements for an affordable unit are 50% of AMI, a household of 3 must be earning $48k to be eligible.
*AMI calculation based on a family of 3
HH - Households
INFRASTRUCTURE
Question to Consider
Strong Infrastructure is necessary for the vitality of a neighborhood. It is the physical and social systems needed for a neighborhood to operate successfully.
Infrastructure can look like:
Transit Networks
Community networks
Sewage + Overflow
Street networks
How will this affect parking/traffic?
How will X amount of people impact our transit?
Does this area have enough resources to support a new development (supermarkets, banks, parks)
COMMUNITY FACILITIES
Question to Consider
What facilities is this area missing?
Where can existing facilities be relocated?
Which population group isn’t being served?
What neighborhood issue will this facility improve
Community Facilities help build more connected neighborhoods.
OPEN/GREEN SPACE
CB1
NYC
LOW
HIGH
Population Density
Question to Consider
Who is this park for, what type of users will go?
Is there a concentration of parks in this area?
What type of programs can be held there?
Does the park feel private or public?
Open space is required for residents to have healthy and more enjoyable lives. As CB1 was traditionally more of manufacturing district, parks were not seen as essential.
Currently CB1 has ⅓ the amount of open space compared to the average found in NYC districts.