Collapsing of Commercial District DistinctionsMost people don’t know the commercial zone that exists inside their community but they do know where to find automobile repair shops vs restaurants. It is clear to most people that automobile repair shops are noisy, have a lot of car traffic and can have a lot of air pollution. Thus, most people are happy these shops don’t exist in their buildings or right next door to where they live. What most people also don’t know is that these rules are about to be eliminated, so that automobile repair shops (an example) can now exist in almost any commercial street in NYC, including under residential buildings etc. MTOPP is doing a series on the Mayor Adams’s City of Yes, “COY” Business Text Amendments, that will change where, how and what types of businesses will be allowed to exist in the City. MTOPP is doing a series on the Mayor Adams’s City of Yes, “COY” Business Text Amendments, that will change where, how and what types of businesses will be allowed to exist in the City.
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Four Primary Reasons Commercial Businesses Are Currently Separated
- To move certain types of businesses (i.e automobile repair shops) away from the more residential areas of a community. Especially since they can cause a lot of vehicle congestion, pollution and noise.
- To ensure that a variety of businesses can exist within a community. For example, a property owner who can only have a specific type of business on their property, will adjust its prices to that industry, thus ensuring that these types of businesses will continue to thrive.
- To ensure that certain types of businesses can’t exist in residential buildings or on residential blocks. (We will cover that in our next email blast.
- To put similar businesses together and separate businesses that may interfere with other businesses due to how they function.
Example
A property owner has a large lot that he rents out to an owner of an automobile repair shop. However, now that the zoning has changed he can attract a different type of business that would generate more money for him. Thus, he does not renew the automobile shop’s lease and due to the fact that commercial businesses have no protection once their leases are up the business must go.
And where will it go? It would be almost impossible to find a large enough space to re-open somewhere else and at the same time pay the high cost of renting such a space. Leaving the automobile shop no other option but to close its doors forever.
However, if the automobile shop owner happens to own a house in Brooklyn situated on a corner lot, he would be able to convert his ground floor home into an automobile shop. (This is possible under another proposed new text amendment which we have already discussed)
Another Example:
A Business owner wants to put a Ferris wheel in mid-town Manhattan but can not, due to zoning restrictions. Now he will be able to build one inside an office building that allows commercial businesses to exist. In fact, there are numerous pending applications for this type of business.
If these zoning amendments are approved by the City Council, they will take effect immediately thus, allowing these types of amusement and recreation activities now to exist outside of Coney Island. (see 31-15)
Just image how many businesses will pop up under those categories? In fact, just go to Coney Island and see those businesses and know that they may now be able to exist in your neighborhood, right next door to you or even under you.
The City’s Rationale for Removing Commercial Distinctions
The Department of City Planning has made the excuse that they want automobile repair shops to no longer exist on specific streets because it stops people from walking down them. Instead they feel it is better to have these types of businesses everywhere.
They also said they want to have uniformity when it comes to businesses. For example, movie theaters should be allowed to exist on both sides of a street and not just on one side.
Of course what is more rationale is that property owners want less restrictions so they can decide what businesses they want based upon profit and not upon the needs of the residents.
The public has seen enough of Mayor Adams’ favoritism towards the real estate industry and business people, to the point that safety rules are lax and when heads of city agencies have complained, they have either had to step down or get fired, forcing a few to file lawsuits for this type of retaliation.
In fact the removal of these distinctions will produce less variety and more of the same types of businesses, leaving the smaller stores out in the cold.
But don’t worry, a lot of these small businesses can just relocate inside apartment buildings, under the home occupancy changes. Thus, paving the way for small businesses not to exist on street fronts but to now exist inside of apartment buildings.
Point of Information
How They Are Doing These Changes?
First, they are ensuring that all businesses that exist under a residential building will be classified as a commercial district. This will allow businesses that currently can not exist under a residential building now to exist under the new rules. (see Definitions 12-10 Commercial Districts)
Secondly, they are changing the definitions of the commercial districts.(see 31-12 to 31-18) For example, they are going to allow amusement and recreational businesses that normally can only exist in places like Coney lsland to now exist in office buildings, large retail stores in central business districts. (Ibid)
Please Note: When looking at these changes, the crossed-out portions are what will no longer apply and the underlined are the new changes.
Update On Community Boards’ Reactions
According to local newspapers all Queens Community Boards who have already voted on the COY Business/Economic Opportunity Text Amendments (they +up to December 30, 2024) have voted a straight No!
This clearly shows that these amendments were not done with community input or support, despite all of the articles written by real estate people and their supporters, politicians and government heads, all saying what a great idea these amendments are.
The irony of course is despite a barrage of positive opinion pages with no opposition opinions being printed, the public is not supporting these massive changes to the zoning laws.
Next in Our Series
Allowing Businesses to exist in apartment buildings on all residential floors including rooftops.
Point of Clarification From Previous Email
In the previous email, we spoke about applications that go before the NYC Department of City Planning “DCP” have a 99% success rate. This pertains to Uniform Land Use Review Procedure “ULURP” applications that have been certified and then must go through the public review process (where the public can weigh in and take a non-binding vote on the application itself).
In regards to a person putting a commercial business in a purely residential building, and/or area, these are not ULURP applications but simply discretionary requests where the DCP will simply review the application and decide unilaterally to say yes or no.
This means the public will not be able to weigh in on these applications and their approval is completely up to DCP to decide.
Thus, with discretionary applications not only will the public not be able to weigh in, but these applications will not be known to the public until the business itself arrives in the community.
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