Zoning regulations are local laws that dictate which activities may take place on any piece of property in a certain district, along with rules for how those activities should take place, including height limits and design considerations such as setbacks.
New York City was the first municipality in America to adopt zoning laws back in 1916 and offers an informative online zoning guide through their planning department.
Residential
Zoning laws provide a city-wide playbook outlining permitted activities on each piece of land. If your plans run afoul of these rules, an appeal to the local zoning board for variance or conditional use permits may be filed to correct your plans.
Residential zoning laws regulate the size, shape and location of single-family homes and multifamily apartments in specific geographic zones. They address factors like building height (measured from its highest point to lowest perimeter wall) and front yard requirements.
Local Commercial Zoning (C1) allows for smaller retail and services businesses, including beauty salons, grocery stores, dry cleaners, drugstores, cafes and restaurants in residential neighborhoods. Cities usually want residents living nearby to be able to easily access these services without traveling long distances for them.
Commercial
Commercial zoning regulations are designed to keep business properties away from residential neighborhoods, while also limiting the number of businesses within an area. Commercial zones usually serve retail stores, offices and service businesses.
Building regulations also address building height, parking spaces and landscaping needs in various districts. Some may restrict building signage while others prohibit businesses that produce excessive noise or waste.
Neighborhood commercial zones allow retailers and services that serve local residents, like grocery stores, salons and cafes; but do not permit large shopping malls or warehouses. Other zones like community commercial permit more diverse retail and business activities and may require setbacks and landscape buffers between buildings that conflict. In addition, operating standards may include late night restrictions or requirements to limit trash, odors or noise emissions.
Mixed Use
Mixed-use development projects combine residential, retail, office and/or medical uses within one building or area. Projects range in scale from an unassuming store with an apartment upstairs all the way to creating an “urban village”.
Communities benefit from having a mix of land uses as it provides natural diversity within neighborhoods that naturally meets daily and weekly needs, helping ensure the economy does not depend on just one form of business.
Zoning regulations can severely hinder such projects by mandating specific land-use performance standards that may conflict. Examples could include different parking rates for an office versus retail store or having different landscape buffers between restaurants and gardens.
Historic
The 1916 Zoning Ordinance was an initiative of businessmen whose fashion stores were crowding out mansions along Fifth Avenue and who sought to limit skyrocketing property taxes. Their support was crucial in passing this law into effect.
Law regulated building height, height allowances, allowed uses and “bulk.” The first set of maps established three use zones – residential, commercial and unrestricted. A building’s allowable bulk depended on both its location within a borough as well as type.
Historic preservation through land use and zoning regulations can be an indispensable means of honoring and celebrating a community’s cultural, architectural, and historical legacy. But its implementation must be carefully considered with full community input; otherwise it risks circumventing the market and undermining its proper role.
Agricultural
An agricultural zoning district exists to safeguard farming in rural areas. It should not be seen as punishment against farmers; rather it offers them some security from former city dwellers who move into rural areas and become offended by farm life and its sights, sounds and smells.
An effective agricultural zoning usually limits residential development to one lot per 10-25 acres of the parent tract, and mandates that non-farm activities be significantly limited through special exception or conditional use in order not to interfere with farm operations.
Limiting agricultural product processing beyond what is necessary (e.g. cucumber processing plants) can provide farmers with protection from their products being undercut by competitors.