All construction projects within a Historic District or involving a Landmark Building require review by the Landmarks Preservation Commission including New Buildings, Enlargements, and Alterations. When filing these application we must show documentation proving Zoning Compliance in NYC Historic Districts.
All applications that involve a new building or building addition on a Landmark Building or within a Historic District must be approved by the Landmarks Preservation Commission (LPC). The applicant must provide proof of Zoning Compliance in before LPC issues any approvals.
I am Jorge Fontan, an architect in New York and owner of Vinculum Architecture, a Manhattan-based architecture firm. At Vinculum we work on a variety of New Building projects and building additions including within Landmark Districts. In this article, I will explain the LPC regulations for proving zoning compliance for New Buildings or Additions in a New York City Historic District.
Proving Zoning Compliance in an NYC Landmark District
When submitting an application to LPC that involves a change in bulk or a new building the applicant must prove the building complies with zoning regulations before Landmarks Preservation Commission will issue an Approval or Certificate of Appropriateness. There are two ways to provide this information to LPC.
- Provide a “Clean” Zoning Objection Sheet to LPC
- Provide a Zoning Statement and Zoning Diagram
Providing LPC with a “Clean” Zoning Objection Sheet
In New York City, new construction or building additions—including on Individual Landmarks or within Historic Districts—require approval from both the Department of Buildings (DOB) and the Landmarks Preservation Commission (LPC).
An LPC permit (either a Certificate of No Effect, Permit for Minor Work, or Certificate of Appropriateness) must be obtained and submitted to the DOB before the final DOB permit can be issued. This dual review process ensures the proposed work complies with both the NYC Construction Codes/Zoning Resolution and the Landmarks Regulations.
The Traditional “Clean Objection Sheet” Method
When an application is filed with the DOB, a plan examiner reviews the proposed plans for zoning and building code compliance. During this review, the examiner issues “objections” (comments or questions) The project’s architect or engineer must resolve all of these objections through revisions and resubmissions.
Historically, the LPC required applicants to provide a copy of the DOB “objection sheet” that was entirely cleared of all zoning-related objections. This physical proof verified that the DOB had conceptually accepted the project’s bulk and massing as compliant with the NYC Zoning Resolution.
This method is often time-consuming, requiring significant back-and-forth with DOB examiners before the LPC application can be fully processed. Previously LPC always required a “clean” objection sheet for approval but now there is a second option.
Zoning Statement and Diagram
- Verify the proposal is “As-of-Right”: This means the proposed development or addition fully complies with all applicable zoning regulations regarding bulk, massing, height, and Floor Area Ratio (FAR).
- Attest to consistency: The design professional confirms that the zoning diagram and all related filing drawings submitted to the LPC via the Portico portal are identical to those concurrently or subsequently filed with the DOB.
- Required diagrams (site plans, sections, axonometrics) that illustrate yards, setbacks, street wall heights, and all other pertinent zoning information.
- A comprehensive zoning analysis table, including lot dimensions, building height, number of stories, and detailed FAR calculations for each floor by Use Group.
- DOB objections that must be resolved.
- Significant delays in the project timeline.
- Penalties for falsification
Zoning and Landmarks Approvals
New York City building approvals are notoriously slow. Any effort to expedite or streamline the process is welcome to keep projects moving on schedule. It is a great advantage to have two options for proving compliance with zoning for LPC applications and this can allow architects like me to navigate the process a bit more smoothly.
Thank You for Reading Our Article on Zoning Reviews in NYC Historic Districts
I hope this was helpful. If you would like to speak with an architect about a potential project, please get in touch with us directly at Vinculum Architecture.
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This post was written by Jorge Fontan AIA a Registered Architect and owner of New York City based architecture firm Vinculum Architecture. Jorge Fontan has earned 3 degrees in the study of architecture including two degrees from the City University of New York and a Masters Degree in Advanced Architectural Design from Columbia University. Jorge has a background in construction and has been practicing architecture for 20 years where he has designed renovations and new developments of various building types.
