Update on the “Zoning for Economic Opportunity” Zoning Text Amendment

October 24, 2022

Following up on our June 6, 2022 report on the Mayor’s "City of Yes" City-wide zoning proposals, we have obtained new information regarding the "Zoning for Economic Opportunity" zoning text amendment.

The purpose of the text amendment is to update outdated and impractical zoning regulations that affect businesses across the City. Specifically, the text amendment aims to, among other things:

  1. Remove certain limitations on the types of businesses that are allowed in commercial districts;
  2. Remove ground floor restrictions in medium density commercial districts;
  3. Remove dancing restrictions that currently apply to eating or drinking establishments;
  4. Make it easier to reuse existing buildings (e.g. by removing the requirement to provide additional loading berths when there is a change of use in an existing building); and
  5. Create new mid-density manufacturing districts that will allow 3-4 and 6-8 floor area ratios (FARs).

The City expects this text amendment to be certified into the Uniform Land Use Review Procedure (ULURP) in Fall 2023. Once certified, all community boards and borough presidents in the City will have the opportunity to recommend approval or disapproval of the text amendment. The City Planning Commission and, ultimately, City Council will then vote on the proposal. The ULURP review process takes approximately seven months, so assuming a certification date of Fall 2023, the text amendment will be voted on in late Winter/early Spring 2024.

Zoning for Economic Opportunity is one of three City-wide zoning text amendments proposed by the Mayor. A public informational session on these proposals is currently scheduled for October 27, 2022 between 7PM-8PM. We will continue to report on these initiatives as more information becomes available.

For more information on this issue or other land use & zoning matters, please contact:

Mitchell A. Korbey at +1 212 592 1483 or [email protected]
Robert Huberman at +1 212 592 1592 or [email protected]
Vinh Van Vo at +1 212 592 1588 or [email protected]

© 2022 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.