Heavy Lifting: The Regulation of Health Establishments Under the Zoning Resolution

Zoning Therapy

For 34 years the City has required a special permit for physical culture or health establishments. This requirement burdens owners and operators of health clubs, gyms, spas and studios, even where such uses would otherwise be permitted as-of-right. With the elimination of the now-unlawful adult physical culture establishments, the purpose and usefulness of the remaining regulations place an unnecessary burden on legitimate small businesses and should be modified or eliminated entirely.

During the … <Read More>


Signs and Billboards: What’s Legal and What’s Not?

Sign installation in New York City triggers regulations governing location, size, illumination, and construction. The New York City Building Code and the New York City Zoning Resolution are the two main bodies of law governing signs in New York City. The Building Code regulates the construction and maintenance of signs, such as permissible construction materials, and is primarily concerned with public health and safety. The Zoning Resolution, while implicating issues of public health and safety, … <Read More>


Landmarking of Brinckerhoff Cemetery Proceeds to Council Vote Despite Owner’s Opposition [Update: Designation Approved By Full Council]

Owner of the vacant former cemetery site claimed she purchased the lot to build a home for herself, not knowing of the property’s history, and was not competently represented throughout the landmarking process. On December 6, 2012, the New York City Council’s Land Use Committee voted to recommend approval of the designation of the Brinckerhoff Cemetery as a New York City Landmark.  The property, at 69-65 182nd Street in the Fresh Meadows neighborhood of Queens, … <Read More>


Could Sandy have Stopped the ULURP Clock?

On October 25, 2012, the City Council Land Use Committee voted in favor of both the West Harlem rezoning plan and the Chelsea Market expansion plan with modifications. (See CityLand’s past coverage here). The full City Council was originally expected to vote on these plans on October 30, 2012. However, Hurricane Sandy forced this vote to be delayed two full weeks.

Under the Uniform Land Use Review Procedure (ULURP), when City Council review is … <Read More>


HDC: Proposed Legislation Would Undermine the Landmarks Preservation Commission

Since its adoption in 1965, the New York City Landmarks Law has been amended several times. In 1973, the Landmarks Preservation Commission was allowed to designate landmarks as part of its regular schedule rather than having to wait three years between designation hearings, as had previously been the case, and also gained the ability to designate publicly owned parks and publicly accessible interiors as landmarks. In 1997, the agency gained the ability to enforce the … <Read More>


Appellate Court Denies Challenge to St. Mary’s Hospital’s Five-Story Addition

Opponent’s attempt to stop construction declared moot. St. Mary’s Hospital for Children operates a 97-bed children’s hospital on an eight-acre campus at 29-01 216th Street in Bayside, Queens. The hospital building was built in the 1950s. In 2006, St. Mary’s sought to add a five-story, 90,000 sq.ft. addition to the eastern side of the hospital. In October 2008, St. Mary’s sought a determination from the Department of Buildings confirming that the site was permitted … <Read More>