2013 Theses Master's

A Process Evaluation of New York City’s Zoning Resolution (ZR) § 74-79: Why Is It Being Used So Infrequently?

Gilmore, Katherine E.

In 1968, to mitigate the financial burden of landmark designation, New York City adopted a transferable development rights mechanism, Zoning Resolution (ZR) § 74-79, that gave property owners the option of transferring their unused development rights in return for a payment. This thesis is a process review of the Zoning Resolution (ZR) § 74-79. It studies the historic, political and legal context that precipitated the adoption of ZR § 74-79, traces subsequent amendments to the resolution, and evaluates the projects that have used ZR § 74-79 to determine whether or not the mechanism is being used as originally intended. By analyzing past ZR § 74-79 applications and conducting interviews with current legal, planning and preservation professionals, the thesis answers the following question: why has the Zoning Resolution (ZR) § 74-79 been used so infrequently? Understanding the current process of ZR§74-79 will help preservation and planning professionals evaluate the risk of legal challenges to the Landmarks Law as well as inform future changes to the existing resolution.