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What is NYC ZR § 66-11?

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This section provides definitions for various terms used in the Chapter, including 'above-grade mass transit station', 'clear path', and 'transit-adjacent sites'. These definitions clarify the context for zoning regulations related to mass transit infrastructure. Applies to property operators and developers involved with transit-adjacent sites.

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

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§ 66-11 Definitions

ZR § 66-11

For purposes of this Chapter, matter in italics is defined in Section 12-10 (DEFINITIONS) and in this Section, except where explicitly stated otherwise in individual provisions in this Chapter.

Above-grade mass transit station

For the purposes of this Chapter, an “above-grade mass transit station” shall refer to a mass transit station with a platform that is located entirely above five feet from curb level.

At or below-grade mass transit station

For the purposes of this Chapter, an “at- or below-grade mass transit station” shall refer to a mass transit station that is not an above-grade mass transit stations.

Central Business Districts

For the purposes of this Chapter, “Central Business Districts” shall refer to Special Midtown District, Special Hudson Yards District, Special Lower Manhattan District, Special Downtown Brooklyn District, Special Long Island City Mixed Use District or Special Midtown South Mixed Use District.

Clear path

For the purposes of this Chapter, a “clear path” shall refer to an unobstructed area between the street line and street wall that:

directly abuts an adjoining public sidewalk; and

extends along the street line for a distance equal to the width of an existing or planned access point to a mass transit station facing such transit-adjacent site, plus, in the aggregate, a maximum of 30 feet from the outermost extents of such width.

All clear paths shall be accessible to the public at all times.

Easement volume

For the purposes of this Chapter, an “easement volume” shall refer to an area of the zoning lot used to accommodate either:

station access infrastructure, including but not limited to elevators, stairs, escalators, ramps or fare control areas; or

ancillary facilities that are needed to support transit system functionality.

Eligible zoning districts

For the purposes of this Chapter, “eligible zoning districts” shall refer to the following zoning districts:

R5D through R12 Districts or Commercial Districts mapped within, or with a residential equivalent of such districts;

C7 or C8 Districts;

M1 Districts paired with a Residence District; or

Manufacturing Districts.

Mass transit station

For the purposes of this Chapter, “mass transit station” shall refer to any subway or rail mass transit station operated by a transit agency. Such mass transit stations shall include all publicly accessible parts of the station, including but not limited to stairs, escalators, elevators, corridors, platforms, and fare control areas inclusive of paid and unpaid areas of the station. Publicly accessible parts of the station shall also include stairs, escalators, elevators, corridors and fare control areas that are currently closed but could be reopened and that have previously been open to the public.

Primary transit-adjacent sites

For the purposes of this Chapter, “primary transit-adjacent sites” shall refer to transit-adjacent sites that have a lot area of 5,000 square feet or more.

Qualifying transit improvement sites

For the purposes of this Chapter, “qualifying transit improvement sites” shall refer to zoning lots that are:

located in one of the following zoning districts: R9 through R12 Districts; Commercial Districts mapped within, or with an equivalent of an R9 through R12 District, or C7-6, C7-7, C7-8 or C7-9 Districts; M1 Districts paired with an R9 through R12 District; or M1-6, M1-7A, M1-8A or M1-9A Districts; and

R9 through R12 Districts;

Commercial Districts mapped within, or with an equivalent of an R9 through R12 District, or C7-6, C7-7, C7-8 or C7-9 Districts;

M1 Districts paired with an R9 through R12 District; or

M1-6, M1-7A, M1-8A or M1-9A Districts; and

located wholly or partially within 500 feet of a mass transit station or, where both the zoning lot and mass transit station are located in Central Business Districts, within 1,500 feet of a mass transit station.

Such distance shall be measured from the outermost extent of the mass transit station. For the purposes of such calculation, the outermost extent may include buildings containing easement volumes serving such mass transit station.

Secondary transit-adjacent sites

For the purposes of this Chapter, “secondary transit-adjacent sites” shall refer to transit-adjacent sites that have a lot area of less than 5,000 square feet.

Transit agency

For the purposes of this Chapter, a “transit agency” shall refer to any governmental agency with jurisdiction over the affected mass transit station.

Transit-adjacent sites

For the purposes of this Chapter, “transit-adjacent sites” shall refer to zoning lots that are located within 50 feet of a mass transit station and located in:

eligible zoning districts;

qualifying residential sites; or

large sites located in R1 through R5 Districts or in Commercial Districts mapped within, or with a residential equivalent of, such districts.

Transit-adjacent sites include primary transit-adjacent sites and secondary transit-adjacent sites.

Transit volume

For the purposes of this Chapter, a “transit volume” shall refer to an area of a transit-adjacent site where, pursuant to the provisions of this Chapter, a transit agency has determined transit or pedestrian circulation improvements are needed for a mass transit station. Such transit volume may be used to accommodate easement volumes or clear paths.

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