9. ZONING/LAND USE

Question:
What Is The Zoning Resolution ("ZR") Of The City Of New York?

Answer: 
The Zoning Resolution ("ZR") is central planning document which governs all aspects of zoning and land use in New York City, including use and occupancy, bulk, height and yard regulations, performance standards, administration and enforcement, as well as designating zoning districts for all properties situated within the five boroughs of New York City. The ZR is promulgated through the City Planning Commission, enforced by the New York City Department of Buildings, with determinations appealable to the New York City Board of Standards and Appeals.


Question:
What Is The New York City Board Of Standards & Appeals ("BSA")?

Answer: 
The BSA is a quasi-judicial body composed of a board of up to six commissioners (mandated by the New York City Charter to include registered architects, professional engineers and planners, as well as one layperson). The BSA is charged with resolving appeals of property/land use related determinations issued by the New York City Department of Buildings, the Fire Department of the City of New York, and the New York City Department of Small Business Services.  The BSA also hears variance applications, affording relief to property owners demonstrating the required findings under ZR §72-21.


Question:
What Is The Uniform Land Use Review Procedure ("ULURP")?

Answer: 
ULURP is a review procedure originally provided for under City Charter §197-c in 1975 which called for promulgation of rules and regulations by the City Planning Commission detailing a uniform review process for all applications concerning zoning, land use or development. The ULURP rules facilitate community board review, public review and comment and invite study and suggestions from elected officials connected with the property under review.


Question:
What Is Landmarks Preservation Commission ("LPC")?

Answer: 
The LPC is the City land use agency responsible for the designation of individual, interior and scenic landmarks and landmark districts, enforcement of LPC regulations (Administrative Code Title 25, Chapter 3, et seq.) and the regulation and control of demolition, alteration and/or reconstruction of designated landmark and historic district buildings. Owners of property subject to LPC regulation are only permitted to make alterations to the property following grant of an application to LPC for a certificate of appropriateness, certificate of no effect or permit for minor work.


Question:
What Is A Padlock Action?

Answer: 
A Padlock Action is an enforcement action brought by either the Department of Buildings, Department of Consumer Affairs, or the Mayor's Taskforce/Midtown Enforcement seeking to padlock a property for serious violations of the ZR or Building Code. Typical padlock actions arise in connection with illegal commercial or manufacturing uses in residential districts, uses exceeding the prescribed limits for home occupations set forth in the ZR and premises illegally converted into Single Room Occupancy units. Such actions are adjudicated by the Office of Administrative Trials and Hearings.