The New M1 Hotel Text Amendment

April 2018

On Monday, the City Planning Commission started the public review process for the M1 Hotel Text Amendment, which would require new hotels located in certain manufacturing districts to acquire a discretionary Special Permit. The proposed text amendment will now be reviewed by the City’s Community Boards and Borough Presidents and is expected to be voted on by the City Planning Commission and City Council in the summer/fall of 2018.

The proposed zoning text amendment would apply to all new transient hotels in all M1 zoning districts throughout the City (M1-1, M1-2, M1-3, M1-4, M1-5, and M1-6 district), with the following exceptions: (i) MX districts (mixed-use districts); (ii) certain areas directly adjacent to JKF and La Guardia Airports; and (iii) M1 districts that are already subject to special permit provisions, such as parts of Hudson Square and Tribeca. In addition, transient hotels operated either by the City or State of New York or organizations under contract with City as homeless shelters will be exempt from the Special Permit requirement. All other new hotels, conversions of existing buildings to hotels, and enlargements of existing hotels by more than 20 percent of existing floor area in non-exempt M1 districts would require the Special Permit. An application for a Special Permit is discretionary, must meet certain findings, and ultimately requires approval by the City Planning Commission and potentially, the City Council.

Any hotel existing within M1 districts on the date of adoption of the proposed zoning text amendment (when it is approved by the City Council) would be considered a conforming use, and any enlargement or extension would be permitted so long as it does not exceed 20 percent of the floor area existing on the date of adoption.

The proposed text contains special vesting provisions, as follows: hotels with a building permit or partial permit issued by the Department of Buildings before the referral date of the proposed text would be permitted to start or continue construction, so long as they complete construction and obtain a certificate of occupancy within three years of the date of adoption of the proposed zoning text amendment. Projects that do not complete construction within the 3-year time period would be permitted to apply to the Board of Standards and Appeals for an extension of time to complete construction.

We are actively following this proposal and are available to answer any questions on this topic.

Should you have any questions, please contact:

Mitchell Korbey at +1 212 592 1483 or [email protected]

© 2018 Herrick, Feinstein LLP. This alert is provided by Herrick, Feinstein LLP to keep its clients and other interested parties informed of current legal developments that may affect or otherwise be of interest to them. The information is not intended as legal advice or legal opinion and should not be construed as such.