Members of the public have 45 days to submit a challenge to DOB’s approval of a zoning diagram filed in connection with a New Building (NB) or an enlargement affecting the exterior envelope of an existing building. The 45-day challenge period starts on the date DOB approves and posts on its website the Zoning Diagram (ZD1).
To view the list of approved ZD1s for DOB NOW jobs that are eligible for public challenges, go to the DOB NOW Public Portal at www.nyc.gov/dobnow and select the Building on My Block / Zoning Challenge tool. For job filings that have an open challenge period, zoning challenges can be submitted using +Challenge.
To view zoning approvals for jobs filed in the Buildings Information System (BIS), visit Building on My Block and search by Community Board or building address. Public challenges may be submitted within 45 days of the “Granted” date of the Zoning Approval.
To submit a zoning approval challenge, complete a Zoning Challenge and Appeal Form and email the form to firstname.lastname@example.org.
At the conclusion of the 45 days, the Borough Commissioner will review the public challenges and will issue decisions. All decisions will be posted online. If a challenge is determined to be valid, appropriate enforcement action will be taken, including issuance of Stop Work Orders, revoking of permits, etc.
If the initial challenge is denied by the Borough Commissioner, the public will be given an additional 15 calendar days to appeal the decision.
For DOB NOW filings, appeals can be filed using the Building on My Block / Zoning Challenge feature on the public portal and search using one of the available Search by criteria. For job filings that have an open appeal period, appeals can be submitted using +Appeal.
For BIS filings, file a new Zoning Challenge and Appeal Form to submit an appeal.
The head of DOB's Technical Affairs Unit will review the appeal and will issue a determination. Subsequent appeals may be made to the Board of Standards and Appeals.