Amendment redefines “development” and “building” and clarifies how the terms are used in order to reflect Planning’s intent. On February 2, 2011, the City Council approved the Department of City Planning’s Key Terms Text Amendment. Planning proposed the 700-page text amendment to ensure that existing regulations are interpreted and applied as originally intended under the zoning resolution. The amendment redefined the terms “development” and “building” and also included a host of modifications and clarifications designed to resolve conflicts and bring regulations into accordance with the Department of Buildings’ current practices.

The need for the text overhaul stemmed from a 2010 lower court decision ruling that the term “development,” as used in the zoning resolution’s curb cut regulations, only applied to newly constructed buildings and not existing buildings as argued by Planning. Planning addressed this ambiguity as part of the residential streetscape text change when it amended the curb cut prohibition so that it applied to all buildings rather than “developments.” 7 CityLand 55 (May 15, 2010). (more…)