New York City Simplifies Zoning Use Groups

By Jaime Pabon

Effective June 6, 2024, New York City amended the Zoning Resolution (ZR) to update Use Group categories and numbering. The revisions support economic growth and resiliency by providing businesses with additional zoning flexibility to locate and expand.

New Zoning Resolution (ZR) Use Groups

Previously, the ZR organized and identified Use Groups into categories, numbered from 1 to 18. The new Use Groups have been streamlined and simplified into 10 categories, using Roman numerals I through X. The revised ZR eliminates antiquated uses—like blacksmith shops—and includes new ones—like computer and peripheral equipment manufacturing.

Noticeable changes include the following:

• Use Group I applies to agriculture and open uses. Previously, Use Group 1A applied to detached, single-family residences, and agricultural and open uses generally fell under 4B.
• All residential uses, including single-family homes, have been consolidated under Use Group II.
• Many of the commercial applications classified under Use Group 6 have been split into Use Group VI Retail and VI Service.

Implementation of New Use Groups

The new Use Groups and subcategories must be used for any new job filing and for certain applications that were not approved by July 1, 2024.

NB and ALT-CO Applications

Since July 1, 2024, application materials and support documents for New Building and Alt-CO projects have required the new Use Groups and subcategories (A), (B), or (C), where specified in the ZR. Those uses in Use Group VI do not need to specify “Retail” or “Service.”

Existing CO Compliance

Existing Final COs with the old Use Group numbering will remain valid unless a change in the Use or Occupancy requires a new CO.

Continued use of an existing CO requires confirmation that proposed alterations meet the following requirements:

• Comply with and conform to use and bulk regulations in the current ZR
• The proposed Use Group is equal to the new equivalent of the existing Use Group, according to equivalency tables published by the Department of City Planning (DCP), Translation by Previous Use Group and Translation by New Use Group.

Applications Approved Before July 1, 2024 (without TCOs)

Any applications approved before July 1, 2024, using the previous Use Groups may apply for a Temporary Certificate of Occupancy (TCO) or renewed TCO and receive a Final Certificate of Occupancy (CO) with the prior Use Group designation. Such TCOs and Final COs will include a note to this effect under Borough Comments.

Even so, DOB encourages applicants to update the Use Group designations before Final CO issuance to keep Use Group designations consistent.

New Use Groups & Previously Filed Documents

Previously filed documents—such as legal restrictions, decisions by the Board of Standards and Appeals (BSA), and City Planning Commission (CPC) approvals—that use the old numbering system do not require updating to the new Use Groups. However, any TCO and CO requests that relate to these previous restrictions and decisions must use the new Use Group designations.

Post Approval Amendments (PAAs)

PAAs, even those filed after July 1, 2024, may continue to use the prior Use Group designations on the initial filing. The DOB, however, encourages applicants to update to the new zoning Use Groups.

If you have questions about how these changes affect your projects or properties, please contact Metropolis Group at 212.233.6344.