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What is NYC ZR § 37-40?

Quick Answer

This section outlines the requirements for relocating or renovating subway stair entrances when a development occurs on a zoning lot of 5,000 square feet or more in specified districts. It mandates that existing entrances be moved onto the zoning lot and establishes conditions for counting these as pedestrian circulation space. Applies to developers in designated areas with subway access.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 37-40 OFF-STREET RELOCATION OR RENOVATION OF A SUBWAY STAIR

ZR § 37-40

Where a development or an enlargement is constructed on a zoning lot of 5,000 square feet or more of lot area that fronts on a portion of a sidewalk containing a stairway entrance or entrances into a subway station located within the Special Midtown District as listed in Section 81-46, the Special Lower Manhattan District as listed in Section 91-43, the Special Downtown Brooklyn District as listed in Section 101-43, the Special Long Island City Mixed Use District as described in Section 117-44, the Special Union Square District as listed in Section 118-50, the Special East Harlem Corridors District as described in Section 138-33, and those stations listed in the following table, the existing entrance or entrances shall be relocated from the street onto the zoning lot. The new entrance or entrances* shall be provided in accordance with the provisions of this Section.

A relocated subway stair or a subway stair that has been renovated in accordance with the provisions of Section 37-50 (REQUIREMENTS FOR PEDESTRIAN CIRCULATION SPACE) may be counted as pedestrian circulation space pursuant to Section 37-50. In addition, for developments or enlargements on such zoning lots where a relocated or renovated subway stair has been provided in accordance with the provisions of this Section, the special use, bulk, parking, and streetscape modifications set forth in Sections 66-22 (Special Use Regulations) through 66-25 (Special Streetscape Regulations) may be applied.

STATION

LINE

The Bronx

161st Street**

Grand Concourse

Manhattan

8th Street

Broadway-60th Street

23rd Street

Lexington Avenue

28th Street

33rd Street

34th Street-Penn Station

8th Avenue

59th Street/Lexington Avenue-60th St.

Lexington Avenue and Broadway-60th Street

Provision of a new subway entrance or entrances pursuant to the requirements of this Section may also require satisfaction of additional obligations under the Americans with Disabilities Act of 1990 (ADA), including the ADA Accessibility Guidelines. The New York City Transit Authority should be consulted with regard to any such obligations

** Access stairways to elevated portions of a station complex are exempt from this requirement

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