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New York Zoning, and the Variance and Rezoning Process
The New York City Zoning Resolution of 1916 established the controls for both the bulk of buildings and their uses. [New York City has constitutional authority under its police powers to enact zoning regulations.] Bulk regulations involve building heights and setbacks. Use regulations include the designation of residence districts and those uses that are not compatible with residential uses, such as manufacturing.
The Zoning Resolution contains both text and maps. The Department of City Planning ('DCP') and the City Planning Commission ('CPC') are authorized to study areas of the city and determine the proper bulks and uses for those areas. Property owners that believe that the bulk or use of the property is inconsistent with the surrounding zoning can apply for a rezoning of their area in order to essentially 'clean up' the zoning map and develop the property in a way that reflects the uses and bulk of the current neighborhood.
Alternatively, any property owner adversely affected by the zoning of their property can apply to the Board of Standards and Appeals (BSA) for a variance of the underlying zoning in order to generate a reasonable return on his property to overcome a unique hardship inherent in the property.
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