Sahn Ward Braff Koblenz Coschignano PLLC

Client Alert

CITY OF YES FOR ECONOMIC OPPORTUNITY APPROVED BY CITY COUNCIL


Daniel H. Braff, Member

Christopher R. DeNicola, Associate

On June 6, 2024, the New York City Council, in a 34-16 vote, passed Mayor Eric Adams’ “City of Yes for Economic Opportunity” city-wide zoning text amendment proposal. City of Yes for Economic Opportunity is the second part of the three-part City of Yes initiative. The first part was “City of Yes for Carbon Neutrality,” which was approved in December 2023, and the final and more controversial part, “City of Yes for Housing Opportunity,” is likely to be before the City Council for a vote before the end of the year.

City of Yes for Economic Opportunity focuses on helping businesses expand into new areas, supporting entrepreneurs and freelancers, boosting emerging industries, and creating more vibrant streetscapes and commercial corridors. The approved text changes are significant. They remove outdated use regulations, expand the uses permitted in commercial areas of the city, including new and emerging uses, as well as certain entertainment and amusement uses, allow commercial ground floor uses that were previously prohibited, reorganize and simplify the classification of uses in the Zoning Resolution, and remove certain limitations for the refilling of non-conforming vacant storefronts, among several others. New comprehensive commercial streetscape regulations are also included, which alter the current provisions regulating street walls and ground floor uses in commercial zoning districts of the city. We specifically note for our developer clients that these new streetscape provisions are complex and require careful analysis when designing ground floors of new buildings in commercial zoning districts.

The original City of Yes for Economic Opportunity proposal also included certain other changes that were ultimately either scaled back or left out of the final text amendment completely. Of note, the City Council removed new regulations that would have permitted corner stores in residential zoning districts if certain requirements were met. Many local communities in the outer boroughs opposed these new regulations since they believed it would disrupt the local residential character.

The amendments to the Zoning Resolution under City of Yes for Economic Opportunity constitute some of the most substantial changes to the commercial use regulations since the Zoning Resolution was first enacted in 1961. Careful study and due diligence are necessary to understand the changes. City Planning is actively working to update the online Zoning Resolution with the final text amendment, but this may take some time due to the broad scope of changes and reorganization. Please contact us with any questions as to how City of Yes for Economic Opportunity may affect your property in the city.

 

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Sahn Ward Braff Koblenz Coschignano PLLC

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