Midtown South Rezoning Begins Public Review

Kramer Levin Naftalis & Frankel LLP

On Tuesday, Jan. 21, 2025, the City Planning Commission certified for public review zoning map and text amendment applications (the Proposal) that would create a new Special Midtown South Mixed-Use District (MSX Special District).

Covering 42 blocks within four separate areas located roughly between West 23rd and West 40th Streets and Fifth and Eighth Avenues, the Proposal would rezone the existing manufacturing districts (M1-6 and M1-6D) in Midtown South to high-density mixed-use districts that would allow residential, commercial, community facility and light manufacturing uses. Mandatory Inclusionary Housing (MIH) areas would also be established.

The proposed MSX Special District would contain the City’s first zoning districts to allow new residential buildings with a floor area ratio (FAR) above 12, as allowed by the recently adopted City of Yes for Housing Opportunity text amendments and amendments to the NYS Multiple Dwelling Law. The highest-density districts (18 FAR for residential use and 15 FAR for nonresidential uses) would be allowed in the two areas above 34th Street and a portion of a third area below 23rd Street. These areas would be mapped M1-9A/R12. The remaining areas of the MSX Special District would be rezoned to either M1-8A/R12, which would allow 18 FAR for residential use and 12 FAR for nonresidential uses, or M1-8A/R11, which would allow 15 FAR for residential use and 12 FAR for nonresidential uses. The proposed rezoning areas are shown below.

We will continue to monitor the Proposal as it makes its way through the public review process. Please contact any member of the Land Use Department for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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