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What is NYC ZR § 66-221?

Quick Answer

This section allows temporary allocation of easement volume spaces for specific uses until needed by the transit agency. It exempts allocated floor space from floor area calculations and requires owners to remove temporary improvements prior to public use, with a minimum 12-month notice from the agency. Applies to building owners with easement volumes.

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

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§ 66-221 Temporary uses

ZR § 66-221

Any space within an easement volume may be temporarily allocated to the following uses until such time as the space is needed by the transit agency:

in all districts, uses listed under Use Group III(B), as permitted by the underlying district;

in Residence Districts, uses listed under Use Group VI; or

in Commercial and Manufacturing Districts, any commercial or manufacturing use allowed by the underlying district.

The floor space allocated to such temporary uses within the easement volume shall continue to be exempt from the definition of floor area and shall not be included for the purpose of calculating accessory off-street parking, bicycle parking, or loading berths.

Improvements to, or construction of a temporary nature within the easement volume for such temporary uses shall be removed by the owner of the building or portion of the zoning lot within which the easement volume is located prior to the time at which public use of the easement area is needed, except as otherwise specified by the transit agency. A minimum notice of 12 months shall be given, in writing, by the transit agency to the owner of the building or portion of the zoning lot to vacate the easement volume.

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