Can I Boost the FAR of an Already Built Building in NYC?

While the process of boosting the Floor Area Ratio (FAR) can be intricate, understanding it is essential for property owners in New York City (NYC). Unlike in other regions, the approach to zoning and building regulations in NYC requires a more nuanced understanding. Here, we explore the steps and challenges involved in increasing the FAR of an existing building.

Understanding the Zoning Landscape in NYC

Unlike in California where zoning ordinances and informational maps can provide initial insights, the complexities of NYC zoning laws often necessitate the assistance of an experienced zoning attorney. This is particularly true because the city's zoning laws are famously detailed and restrictive. The complexity arises from the vast array of individual zoning districts, each with its own unique set of rules and limitations.

Key Considerations for FAR Boosting

Boosting the FAR (Floor Area Ratio) of a building can be a significant undertaking, especially for already constructed structures. The FAR is a measure of the ratio of the area of the floors of a building to the area of the lot on which it is situated. Increasing the FAR typically means expanding the building or utilizing existing space more efficiently. However, this increase is often conditional and requires careful planning and adherence to local regulations.

Obtaining Affordability Requirements

One potential avenue to boost the FAR is through the provision of affordable housing units. In New York City, offering affordable housing units in exchange for a FAR bonus is a common practice. However, navigating this process requires a deep understanding of the city’s regulations, including the submission of comprehensive documentation and detailed plans for the affordable housing units.

The Role of Zoning Lawyers

While conducting online research and visiting municipal planning offices can provide initial guidance, the complexities of New York City’s zoning laws often necessitate professional legal advice. An experienced zoning attorney can provide the critical insights needed to navigate the intricate maze of regulations. They can help you identify feasible options, evaluate the risks involved, and ensure that all necessary permits and approvals are obtained.

Challenges and Considerations

Boosting the FAR of an existing building in New York City is not without its challenges. Some of the key considerations include:

Regulatory Hurdles: Compliance with local building codes and zoning laws can be stringent and complex. For instance, the prohibition on expanding a building beyond its lot line or the need to maintain required open space areas can significantly restrict the amount of FAR that can be increased. Public Hearing Requirements: Increasing the FAR often requires public hearings to address community concerns regarding the impact on the surrounding area. Understanding and preparing for these hearings is crucial to obtaining approval. Financial Implications: Not all building improvements are financially viable. Ensuring that the projected benefit outweighs the costs is a key factor in determining the feasibility of a project.

Steps to Successfully Boosting FAR

If you decide to pursue a FAR boost, here are some steps to consider:

Conduct Initial Research: Familiarize yourself with the zoning district of your property and understand the allowable FAR. Consult with a Zoning Attorney: Engage an experienced zoning attorney who can provide guidance on the specific requirements and potential strategies for increasing the FAR. Develop a Detailed Plan: Create comprehensive plans for the proposed improvements, including the number and type of affordable housing units (if applicable). Submit Application: Prepare and submit the necessary application to the appropriate municipal agency, including all required documentation and fees. Attend Public Hearings: Attend any public hearings to address community concerns and build support for your project. Obtain Approvals: Secure all necessary permits and approvals, including those for construction and compliance with zoning laws.

By following these steps and engaging the right professionals, you can increase the chances of successfully boosting the FAR of your existing building in New York City.

Conclusion

Boosting the FAR of an existing building in New York City is a multifaceted process that requires careful planning and adherence to local regulations. While it may be a complex undertaking, with the right guidance and strategy, it can be achieved. Whether you are looking to increase the property’s value, create more affordable housing, or simply maximize the use of your existing space, a thorough understanding of the zoning landscape and the assistance of experienced professionals can make a significant difference.