The Real Estate Board of New York to The Department of Buildings on the Draft Zoning Diagram Guide

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The Real Estate Board of New York (REBNY) is the City’s leading real estate trade association representing commercial, residential, and institutional property owners, builders, managers, investors, brokers, salespeople, and other organizations and individuals active in New York City real estate.

Thank you for the opportunity to comment on the Department’s draft Zoning Diagram (ZD1) Guide. REBNY appreciates DOB’s ongoing efforts to improve zoning compliance, clarity, and consistency in the plan review process. However, we have concerns regarding the scope and level of detail required under the proposed Diagram Page Requirements, particularly those set forth on pages 1 through 3 of the draft.

As proposed, the Diagram Page Requirements effectively require applicants to reproduce a full zoning analysis, which is largely duplicative of materials already submitted and reviewed, reformatted onto 11” x 17” ZD1 sheets. This approach goes beyond the ZD1’s original intent as a high-level zoning summary and instead functions as a consolidated zoning filing. By aggregating extensive zoning data into a single, publicly posted document, the draft guide substantially increases the ability for third parties to scrutinize and challenge projects, even where applications are fully compliant with zoning regulations.

This change is likely to increase the volume of zoning challenges filed during the 45-day challenge period, placing additional strain on DOB staff resources while also increasing costs and delays for applicants required to respond to and defend against such challenges. These impacts run counter to shared goals of predictability, efficiency, and timely project delivery.

We respectfully suggest a more targeted approach that enhances clarity without recreating a full zoning submission. Specifically, we recommend that the ZD1 requirements be augmented to include:

• A clear zoning lot diagram identifying and listing all tax lots comprising the zoning lot;

• A summary of permitted floor area and FAR for the zoning lot, including any applicable bonuses or floor area derived from transfers of development rights;

• A summary of total floor area provided across all buildings on the zoning lot.

For the proposed building, we recommend inclusion of a concise schedule identifying gross square footage, zoning deductions, and resulting zoning square footage. Axonometric diagrams should be limited to illustrating the relevant portions of building height, dimensions, and required setbacks, rather than attempting to depict all zoning elements in detail. In addition, any applicable BSA variances or City Planning Commission actions should be clearly noted for reference.

These refinements would preserve the ZD1’s role as a clear, accessible zoning summary while avoiding unnecessary duplication, reducing the risk of excessive challenges, and minimizing added burdens on both the Department and applicants.

We appreciate the opportunity to provide these comments and look forward to continued collaboration with the Department as this guidance is finalized.