Zoning and land use
Zoning use groups
The Zoning Resolution sorts every activity into a use group, and each district permits only some of them. Here is how to find the group that governs a space.
What are zoning use groups and how do you find the one that applies?
Quick Answer
How the rules are read
Who does this land on?
Commercial tenants, owners changing how a space is used, and buyers of mixed-use buildings. The use group is what a plan examiner compares the proposed activity against, and it is what the certificate of occupancy records.
What governs it?
- The use group tables in the Zoning Resolution, which define each group and list the uses inside it
- The district use regulations, which state which groups are permitted as of right and which need a special permit
- The certificate of occupancy, which records the use group the Department of Buildings has already approved for each floor
- Recent text amendments, which have reorganized parts of the use group structure, so the version in effect at filing controls
How does the process run?
- Describe the actual activity precisely, because two activities that sound alike can fall in different groups
- Locate the use group the Resolution assigns to that activity
- Read the district regulations to see whether that group is permitted as of right, permitted by special permit, or not permitted
- Compare the answer against the certificate of occupancy for the specific floor and space
- Where the certificate records a different group, plan for an amended certificate of occupancy before the use begins
- Where the group is not permitted in the district, the paths are a special permit, a use variance, or a different location
Where does it bite in a transaction?
- A lease is signed for a use the certificate of occupancy does not cover, and the tenant cannot get a permit to fit out
- A ground-floor space is marketed as retail in a district whose overlay does not reach that use group
- A buyer of a mixed-use building assumes the commercial floor is approved for the tenant currently in it
- A sale stalls because the certificate of occupancy and the actual occupancy describe different use groups
Is the use group on the certificate of occupancy the final word?
It is the City record of what has been approved, which is the closest thing to a final word before a new filing. If the space is being used for something outside the recorded group, the certificate is evidence against the occupant rather than for them, and the Department of Buildings can write it up as occupancy contrary to the certificate.
What if the use group changed after the building was approved?
A use lawfully established under an earlier version of the Resolution can continue as a non-conforming use even after a text amendment moves or narrows its group. What does not carry over automatically is the right to expand it, change it to another non-conforming use, or restart it after a long discontinuance.
Who decides which use group an activity falls in?
The Department of Buildings decides on a filing, and a disputed reading can be taken up as a zoning determination and then, on a final determination, appealed to the Board of Standards and Appeals. Getting the characterization right at the outset is cheaper than appealing it, because the appeal runs on the Board calendar.
What else should you read before you file or sign?
In the glossary
- Certificate of Occupancy (C of O)The Department of Buildings document that fixes a building's legal use and occupancy. Lenders and title companies read it to confirm the property c...
- Letter of No ObjectionA DOB letter confirming the lawful use of a building constructed before Certificates of Occupancy were required. It stands in for a C of O on many ...
- Violation (cited against the premises)An agency record that a condition at a property does not comply with a code or rule. It attaches to the premises and follows the property through a...
- TCO (Temporary Certificate of Occupancy)A Certificate of Occupancy issued for a limited period while construction is completed. Renewals are routine, but a lapse stops closings until the ...
Zoning and land use
- R, C and M zoning districts in New York CityEvery NYC lot sits in a residential, commercial or manufacturing district, often with an overlay or a special district on top of it. Here is how to...
- Changing the use on a certificate of occupancyA change in occupancy classification or use group needs an amended certificate of occupancy, even when no construction happens. Here is what that f...
- Can your business legally operate at this address?Before signing a commercial lease in New York City, check the district, the use group, the certificate of occupancy and the signage rules for that ...
- Legal non-conforming use and grandfatheringA use lawful when it started can continue after the zoning changes, but the protection is narrow and it can be lost. Here is what it covers and how...
- Special permitsA special permit is relief the Zoning Resolution already contemplates, granted on stated findings. Here is who grants which one and how the two pat...
The violation code
- DOB B103, occupancy contrary to the certificate of occupancyWhat the code section requires and how it is cured
- DOB B205, illegal use in a residential districtWhat the code section requires and how it is cured
- DOB B247, illegal use in a commercial districtWhat the code section requires and how it is cured
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Legal Disclaimer: This page is general information about New York practice. It is not legal advice, it does not account for the terms of any particular contract, building or transaction, and reading it does not create an attorney-client relationship. This is attorney advertising. Prior results do not guarantee similar outcomes.