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Most development in New York City occurs as-of-right. Once the Department of Buildings (DOB) is satisfied that the proposed structure complies with all relevant provisions of the Zoning Resolution and the Building Code, a building permit is issued and construction can begin. No further action is required.1
The Zoning Resolution is comprehensive, but it must be flexible in order to accommodate and guide development. There are a number of discretionary actions that amend or modify the Zoning Resolution to allow a project to move forward or to implement broad changes in public land use policy. A zoning text amendment (changing the zoning regulations) or zoning map amendment (changing the zoning designation) may be needed to allow a development at a location or in a configuration that is not currently permitted but advances sound policy considerations. A City Planning Commission (CPC) special permit orBoard of Standards and Appeals (BSA) special permit ensures site-specific review of projects with potential land use impacts or policy implications. Anauthorization to modify zoning for a specific project may be granted by the CPC, provided certain conditions have been satisfied. A property owner may request a variance from the BSA when compliance with zoning might present an economic hardship or practical difficulties.
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