City Council Approves City of Yes for Economic Opportunity Text Amendment

On December 5, 2023, we circulated an update on the pending zoning changes under City of Yes for Economic Opportunity.

On June 6, 2024, the New York City Council approved the proposed text amendment with certain modifications. Included in the text amendment are key updates to use groups, use location, streetscape requirements, and manufacturing districts, as outlined below.

Use Groups

Prior use groups have been consolidated and updated. The new use groups will utilize Roman numerals, reorganizing the previous Use Groups 1 - 18 into Use Groups I - X. Existing certificates of occupancy will retain the prior numbering system until there is a change of use, at which point the updated Roman numeral use groups would be utilized.

Notable updates to use classifications include the following:

• Laboratories: Life sciences uses were previously permitted under separate use group listings for medical or dental laboratories (Use Group 9A) and research laboratories (Use Group 17B). Under the modified numbering system, life sciences uses are now classified more simply as "laboratories" under new Use Group VII.
  
  
• Amusement Uses: Listings of amusement uses have been updated to include a new broad category defined as "amusement or recreation facilities" and additional experiential amusements (for example, observation decks) that were not previously recognized in the Zoning Resolution's use groups. These, along with other amusement and assembly uses, including art galleries, theaters, banquet halls, and stadiums, are classified under new Use Group VIII - Recreation, Entertainment and Assembly Spaces.

A Use Group Translation Table listing how prior use groups correlate to the new use groups is posted here.

Location within Buildings

In C4, C5, and C6 districts, restrictions on the location of commercial uses within a building containing residential use have been relaxed, allowing most commercial uses to be located above or on the same story as residential use, subject to certain restrictions and limitations (for example, in locations outside Manhattan, eating and drinking establishments continue to not be allowed above residential use). The conversion of dwelling units to commercial uses that would be located above or on the same story as dwelling units is not permitted for any building constructed prior to June 6, 2024.

Streetscape and Ground Floor Uses

The streetscape regulations originally proposed by DCP, with "Tiers" A, B, and C denoting different requirements, were modified and improved during the public review process. Among the updates is an explicit allowance for egress and other building circulation paths as permitted obstructions within the 30-foot "minimum qualifying depth" that is subject to the new ground floor rules.

Additionally, streetscape and retail continuity rules in special districts have been updated to establish greater uniformity.

Manufacturing Districts

A series of new manufacturing districts have also been established for future mapping, each with an "A" suffix. Most notably, these districts do not require parking within the expanded transit zone (which includes the previously designated Manhattan Core and transit zone, along with parts of Long Island City). Updated FAR regulations allow M1-A districts to reach as high as 15 FAR (in M1-9A districts).

Permitted community facility uses within M1 districts, which were previously very narrow, have also been expanded. Restrictions on museums, libraries, and houses of worship, among other uses, have been relaxed to permit a broader range of community facilities.

Pending City of Yes Initiatives

Of DCP's three-part City of Yes initiative, City of Yes for Carbon Neutrality and City of Yes for Economic Opportunity have both been approved by the City Council. City of Yes for Housing Opportunity, discussed in our April 17, 2024 bulletin, remains in public review.

We recommend that all pending projects be reviewed for compliance with the new regulations. Please contact us with any questions.

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