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Land Use and Zoning laws in New York control how a parcel of land can be used and developed. This regulation is vital for economic development, environmental management, and urban planning. The New York City Department of City Planning (DCP) oversees zoning resolutions to guide what can be built, where, and how much. Factors such as the size, height, bulk, location, and use of buildings are guided by the zoning code.
You may need a lawyer if you're purchasing land for development, planning a large renovation or construction project, or looking to challenge a zoning decision. It's also recommended when faced with land use disputes, seeking variances or exceptions to zoning laws, or when penalties are levied against you for code violation. Experienced attorneys can provide critical guidance and navigate the complexities of law and bureaucratic processes.
Zoning laws in New York are categorized into residential, commercial, and manufacturing districts, and each has its own set of regulations. A particular emphasis is on conservation of sunlight and limiting overdevelopment via Floor Area Ratio (FAR). Altering a property's use or characteristics may require a zoning amendment, special permit, or variance. The laws also accommodate for historic preservation and provision for affordable housing via the Inclusionary Housing Program.
A zoning change, or amendment, involves formally changing the zoning laws. A variance, however, is a request to deviate from current zoning requirements for a specific property without changing the zoning laws themselves.
Floor Area Ratio (FAR) is a system to control the size of buildings. It’s established by zoning laws and determines the maximum square footage a construction on a parcel of land can occupy. It influences the character and density of a neighborhood.
Yes, you may appeal a zoning decision to the Zoning Board of Appeals (ZBA). However, the process is complex and it's advised to hire a legal representative.
Inclusionary Housing is a zoning tool that creates affordable housing alongside market-rate housing. Developers may volunteer to include a percentage of affordable housing units in their projects in exchange for zoning allowances.
In most cases, converting a residential building into a commercial one violates zoning laws. However, it may be allowed with zone amendments or acquiring a special use permit.
The New York City Department of City Planning website provides helpful resources, including zoning maps, text of zoning resolutions and an interactive zoning and land-use map. The New York State Department of State, Division of Local Government Services, also offers resources related to land use regulation.
If you need legal assistance, it is advised to consult with an attorney specializing in land-use and zoning law. They will assist you in understanding the relevant laws and guide you through the legal processes involved. It's also advisable to engage with local community boards and city planning departments for an effective and streamlined zoning application or appeal process.
