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22 June 2023

The City Of Yes: Zoning For Carbon Neutrality

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The current version of the Zoning Resolution of the City of New York was adopted in 1961, long before modern climate priorities developed. With this in mind...
United States New York Real Estate and Construction

The current version of the Zoning Resolution of the City of New York was adopted in 1961, long before modern climate priorities developed. With this in mind, the City Planning Commission on April 24, 2023 referred out for public review the "Zoning for Carbon Neutrality" zoning text amendment, which aims to modernize the city's zoning regulations to support the city's and state's ambitious climate goals. The text amendment includes 17 proposals organized into four distinct categories.

Key highlights from each category are summarized below. The referral of the text amendment marks the start of the city's public review process and puts the proposal on track for final consideration by the City Council in October of this year.

Efficient Buildings

A key goal of the proposal is to decarbonize the city's building stock by supporting the retrofitting of its million-plus buildings for energy efficiency and electrification. Proposed changes include adjusting existing zoning rules to ensure that the widest range of exterior retrofits is allowed and updating the existing floor area deduction for insulated walls — adopted in 2012 and now outdated — to ensure that it reflects modern building standards.

Renewable Energy

The proposal would loosen existing limitations to facilitate the location of solar panels on rooftops and yards, and to allow solar canopies to be located above parking spaces. Another significant change would be to modify the zoning classification of grid-supporting energy generation and storage systems to allow installations on sites up to 10,000 square feet in residential districts and without size limits in commercial and manufacturing districts.

Transportation

All vehicles sold in New York State must be electric by 2035. The zoning classification of public charging facilities would be changed to allow charging stations in all commercial and manufacturing districts throughout the city. The proposal also would expand certain zoning allowances for automated parking garages citywide.

Waste and Stormwater Reduction

Updated regulations would allow street tree planting requirements to be satisfied through connected tree beds and rain gardens to in- crease stormwater detention. New regulations would clarify that small-scale composting is an allowable accessory use and that neighborhood-level compost and recycling facilities may locate in commercial storefronts.

The Zoning for Carbon Neutrality proposal is a significant step toward removing barriers to improving energy efficiency and reducing carbon emissions. However, it is only one piece of a comprehensive strategy. The city must continue to take steps to equip the public and the real estate industry with clear regulatory guidance and flexibility to meet these goals. Tax and other financial incentives may also be needed to the extent that these proposals trigger costs for owners and developers, particularly during the early-stage adoption of energy-efficient upgrades and improvements.

Originally Published by Mann Report

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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