“I can do what I want with my land.” This claim, often asserted by land owners, is not true. Early in the 20th Century the US Supreme Court definitively established the right of municipalities to govern development on privately owned land.
Zoning law establishes limits on use, building size, and placement. The New York City Planning Commission mapped districts in 1961, which have been amended over the years to accomplish many goals, including the protection of historic structures, open space, access to light and air (undefined, but popular terms), and to increase financial return for landowners.
These changes are often based on market pressures and the current fashions of the Planning Commission, rather than on a comprehensive plan as required by state law. It rarely, if ever, examines the ability of the city’s infrastructure to handle the increased burden on water supply, liquid and solid waste removal, energy and transportation.
“Contextual” zoning limits building bulk to that surrounding the site. For example, in an R6A Contextual Residential District where the surrounding buildings are predominantly six-story, the proposed building must be no higher than six or seven stories. In an R6 non-contextual district a building can rise up to 12 stories. In other districts, towers of unlimited height are permitted.
Zoning also governs use. For example the Hudson River Park’s 550 acres in an M2-3 Manufacturing District, mostly land under water, permits industrial use, the only park in the city to permit such development.
