City Council Member Margaret Chin.

City Council passed a bill that would exempt certain government entities from pre-application requirements for zoning text amendments. On August 24, 2017, Council Member Margaret Chin introduced Int. No. 1685, exempting certain government officials from the Department of City Planning’s “time-consuming” pre-application process. “This bill would allow Borough Presidents, Mayoral Agencies and the Land Use Committee of the City Council to file applications for zoning text amendments without filing a pre-application statement.” The bill was referred to the Committee on Land Use. The Committee held a public hearing on the bill on October 26, 2017 and on October 31, 2017, the City Council passed the bill. (more…)

Councilmember David Greenfield, chair of the Committee on Land Use, co-sponsored one of the Landmarks Law bills . Image credit: William Alatriste/New York City Council

Landmarks Chair testified that changes could be better promulgated through agency rule-making rather than by legislative fiat. On September 9, 2015 the City Council held a hearing on two potential bills that would alter the Landmarks Law section of the Administrative Code. The hearing drew a crowd that filled the main Council chamber, with over 100 people filling out forms to testify on the proposals. (more…)

Illustration: Jeff Hopkins.

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, also encompasses aesthetic considerations. Restrictions on the size, height, surface area, and illumination of a sign are intended to promote a distinctive look in that zoning district, while striking a balance between the desires of society and the rights of property owners. For example, an illuminated sign that may be a desirable tourist attraction in Times Square, becomes a nuisance in a residential neighborhood.

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Owner of Skidmore House allowed it to fall into state of disrepair. Skidmore House, a 159-yearold Greek revival residence located at 37 East 4th Street, was designated as an individual landmark in 1970. Since acquiring Skidmore House in 1988, the owner, 10-12 Cooper Square, Inc., neglected to maintain it and ignored several requests by Landmarks to repair it. After the roof collapsed in 2002, Landmarks sued the owner to return the landmark to a state of good repair as required by the Administrative Code. Landmarks wanted the owner to make the exterior of the building watertight to prevent deterioration and maintain the interior and the exterior architectural ornamentation. The owner claimed that the building was in good repair, that Landmarks’ interpretation of good repair was unreasonable and, although Landmarks presented minutes from Skidmore House’s August 18, 1970 designation hearing, that the building was not a designated landmark.

Justice Walter Tolub first ruled that Skidmore House was duly designated, finding that, although Landmarks failed to notice the designation vote in the City Record, the owner did not provide sufficient evidence of irregular conduct by Landmarks to diminish the presumption that officials will complete and comply with their legal duty. (more…)