Zoning tools such as rezonings, special permits, and variances can increase property value by altering allowed uses, buildable square footage, parking, and bulk. Rezoning through ULURP changes a property's zoning district designation and can allow greater density or conversion from commercial or industrial to residential. Land use counsel evaluates surrounding context—nearby higher-density districts, taller buildings, transit access, wide streets, and similar uses—to assess rezoning viability. Special permits through ULURP can modify use, parking, and bulk and require specific City Planning Commission findings; some are subject to City Council call-up. Other discretionary permits and variances fall under the Board of Standards and Appeals, with BSA jurisdiction triggered when the Buildings Department issues an objection.
Zoning can be used in many ways by owners, investors and developers to add value to their properties. First, as we have previously discussed, there are discretionary approvals available through the Uniform Land Use Review Procedure (ULURP). One type of discretionary approval through ULURP is a rezoning, which would change the property's zoning district designation. A rezoning could increase the amount of buildable square footage a property is allowed, and/or change the allowed use altogether, for example, from commercial or industrial to residential.
Another type of approval through ULURP is a special permit. There are many special permits in the zoning resolution that could allow for a modification of the use, parking, and bulk regulations. Each special permit has specific findings that the city planning commission must make in order to grant the relief requested special permits are subject to call up by the New York City Council, which makes them subject to council approval as well.
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