{"id":967,"date":"2014-12-20T02:21:23","date_gmt":"2014-12-20T02:21:23","guid":{"rendered":"http:\/\/develop.mtopp.org\/?p=967"},"modified":"2021-01-22T02:21:54","modified_gmt":"2021-01-22T02:21:54","slug":"types-of-rezoning","status":"publish","type":"post","link":"https:\/\/mtopp.org\/index.php\/2014\/12\/20\/types-of-rezoning\/","title":{"rendered":"Types of Rezoning"},"content":{"rendered":"\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t\t
\n\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t\t\t
Types of Rezoning<\/strong><\/h5>

Every place in NYC has a zoning perimeter<\/strong>, this ensures that different types of structures are uniformed, don\u2019t impose stress and invites harmony<\/strong> into the landscape of an area<\/strong>.<\/p>

Each zoning area comes with a set of letters and numbers <\/strong>which denote what type of zone it is in.\u00a0 For example, R5<\/strong> the letter R denotes residential<\/strong> and 5<\/strong> the story height.<\/strong>\u00a0 However, because zoning can change over years as the community and its needs change you can have a zoning area, like R5, but have a structure that doesn\u2019t fall <\/strong>into that category <\/strong>for example a residential unit that might be 19 stories in a R5 zone. <\/p>

Most times when a new zoning<\/strong> area is proposed<\/strong>, it will not force<\/strong> the existing structures to change<\/strong>, but will apply to the future<\/strong> ones, once the new zoning laws are entered into law.\u00a0 There are several ways to change zoning laws<\/strong>, the most common is for a request <\/strong>to be made to City Planning<\/strong>, by an interested party, i.e. land owner, community group, etc\u2026\u00a0 Some zoning requests can be done with a simple<\/strong> investigation, hearing etc\u2026 and others might be longer<\/strong> as in rezoning a large area, such as the one that we are in the process of doing.<\/p>

For the most part, during the rezoning process the old zoning laws remain in effect <\/strong>until the new laws take place, unless a moratorium is passed.\u00a0 A <\/a>moratorium<\/strong> makes sure that development isn\u2019t done<\/strong> during the process of rezoning that the new law doesn\u2019t want.\u00a0 However, NYC won\u2019t<\/strong> process a moratorium because the effort and time<\/strong> can be equal<\/strong> to the same framework as doing a rezoning,<\/strong> according to City Planning.<\/p>

Contextual zoning<\/strong>.<\/h6>

This is zoning that adheres to height limits<\/strong> and protection<\/strong> to ensure that anything being built will be in line with the existing structures<\/strong>.\u00a0 It is within \u201ccontext<\/strong>\u201d of what is currently present. This can be a form of protection <\/strong>that normally a community seeks to ensure the character<\/strong> and visual integrity<\/strong> of the community is preserved.<\/strong> However, you can also do contextual upzoning<\/strong> that could be in favor <\/strong>of the developers,<\/strong> because they can justify<\/strong> adding height<\/strong> to existing smaller structures<\/strong> if there are taller heights<\/strong> in the surrounding area<\/strong>.<\/p>

Up zoning<\/strong><\/h6>

This is the type of rezoning Developers like<\/strong>, because it affords them the opportunity to make money<\/strong>.\u00a0 There is normally some type of add on<\/strong> either \u00a0in height limits, density (number of people) or building parameters.<\/p>

For example, the proposed up zoning<\/strong> of Empire Blvd from Commercial to residential, could bring in from 6,000 to 40,000 <\/strong>people depending upon the parameters of the final rezoning law.\u00a0 This has the potential to make millions of dollars <\/strong>for the developers<\/strong>.<\/p>

Down Zoning<\/strong><\/h6>

This is opposite of up zoning and is very much frowned <\/strong>upon by developers<\/strong>, but it is sought by communities<\/strong> to reduce or restrict<\/strong> certain types of building structures<\/strong>; developers might be building or attempting to build.<\/p>

\"restrictedWhen you have contextual or restricted zoning there is normally a letter<\/strong> after the code, for example, R5 <\/strong>is unrestricted <\/strong>but a R5B<\/strong> has restrictions.<\/strong>\u00a0 Referring to the zoning map above, you will see this shows that all along the perimeter of Prospect Park, communities<\/strong> have created restricted<\/strong> zoning laws to protect and preserve their neighborhoods.<\/p>

However, \u00a0the below images shows that parts of Crown Heights, Flatbush and Prospect Lefferts Garden do not<\/strong> have these letters, thus we don\u2019t have height limits <\/strong>and many of our locations are \u201cas of right\u201d, where a Developer can build solely according to the zoning laws and not <\/strong>have to answer to<\/strong> the community, which happen in the case of 626 Flatbush Ave.<\/p>

\"non-restricted<\/p>

Please also note that City Planning<\/strong> had received in 2008<\/strong> a request from our community to rezone<\/strong> to protect ourselves but this request was rejected<\/strong> and ignored <\/strong>while the other surrounding communities were addressed and completed.\u00a0 When asked about this City Planning stated, at the time they didn\u2019t<\/strong> have the resources<\/strong> and then later on they just forgot us<\/strong>!<\/p>

Again this is a very simple version of these issues, but still very accurate.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

Types of Rezoning Every place in NYC has a zoning perimeter, this ensures that different types of structures are uniformed, don\u2019t impose stress and invites harmony into the landscape of an area. Each zoning area comes with a set of letters and numbers which denote what type of zone it […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[9,10],"tags":[],"class_list":["post-967","post","type-post","status-publish","format-standard","hentry","category-fight-against-rezoning","category-knowledge-is-power"],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/mtopp.org\/index.php\/wp-json\/wp\/v2\/posts\/967","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mtopp.org\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mtopp.org\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mtopp.org\/index.php\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/mtopp.org\/index.php\/wp-json\/wp\/v2\/comments?post=967"}],"version-history":[{"count":7,"href":"https:\/\/mtopp.org\/index.php\/wp-json\/wp\/v2\/posts\/967\/revisions"}],"predecessor-version":[{"id":974,"href":"https:\/\/mtopp.org\/index.php\/wp-json\/wp\/v2\/posts\/967\/revisions\/974"}],"wp:attachment":[{"href":"https:\/\/mtopp.org\/index.php\/wp-json\/wp\/v2\/media?parent=967"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mtopp.org\/index.php\/wp-json\/wp\/v2\/categories?post=967"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mtopp.org\/index.php\/wp-json\/wp\/v2\/tags?post=967"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}