Council Tweaks 'City Of Yes' Commercial Zoning Reform To Add More Staff For Enforcement

The New York City Council has trimmed Mayor Eric Adams’ City of Yes proposal that would adjust commercial real estate zoning rules across the five boroughs. 

In March, the City of Yes for Economic Opportunity zoning proposal made its way through the City Planning Commission with minimal tweaks. But in final negotiations this week, the council's Committee on Land Use adjusted 14 of the 18 potential policy changes, according to a statement by the city council.

The plan, which has undergone nearly a year of review at this point, expands the ways that businesses can operate, including on different floors of buildings and in more neighborhoods. 

Among the changes, the council eliminated the proposal to universally allow corner stores in residential neighborhoods and imposed size and location restrictions on the expansion of certain businesses to protect residents’ quality of life. That includes denying the location of noisy businesses in residential areas and buildings.

Council members added that residents on campuses where new commercial development is permitted, such as New York City Housing Authority and Mitchell Lama developments, maintain the ability to participate in planning decisions.

There were also safeguards and limitations added to the proposed greenlighting of life sciences businesses operating on upper floors of buildings and the ability for New Yorkers to operate businesses out of their homes. 

In addition to changes in the proposal, the council negotiated enforcement of last-mile facilities with the mayor’s administration. The negotiations advance a requirement for last-mile facilities, such as those used by Amazon, to receive a special permit to operate. 

The council also secured a budget commitment of $4.7M for 60 new Department of Buildings staff positions to enforce and conduct follow-up inspections for compliance. Additionally, as part of negotiations, the Office of Nightlife will be able to hire four new full-time employees and establish an after-hours team to further enforce compliance among nightlife businesses.

With the changes, the proposal heads back to the City Planning Commission for approval before facing a final city council vote, likely in June, Commercial Observer reported.

The City of Yes for Economic Opportunity zoning proposal ​​is the first of three major zoning initiatives by the Adams administration. City of Yes for Housing Opportunity, which hopes to expand the number of buildings fit for residential conversions and build more housing across the city, only began formal public review April 29.

Dan Garodnick, director of the New York City Department of City Planning and chair of the City Planning Commission, previously told Bisnow that he is continuing conversations with community boards, borough presidents and council members to advance the housing portion of City of Yes.

“We have a real imbalance in New York City on the creation of housing. In 2022, nine community board districts produced as much housing as the other 50 combined,” Garodnick said. “We need to enable a little more housing in every neighborhood of New York City. We believe that we have crafted a proposal that is respectful of neighborhoods.”