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What is NYC ZR § 66-42?

Quick Answer

This section outlines the process for terminating a transit volume on a zoning lot when the transit agency and the Chairperson of the City Planning Commission jointly determine it is no longer needed. Upon notification, the restrictions on the zoning lot lapse, allowing the owner to record the consent of the transit agency. Applies to property owners with zoning lots affected by transit volumes.

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

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§ 66-42 Termination of a Transit Volume

ZR § 66-42

In the event that the transit agency and the Chairperson of the City Planning Commission jointly notify, in writing, the owner of the zoning lot and the Department of Buildings that a transit volume is not needed on such zoning lot in its final construction plans, the restrictions imposed on such zoning lot by the provisions of this Section shall lapse, following receipt of notification thereof by the owner, and the owner shall have the right to record an instrument reciting the consent of the transit agency to the extinguishment of the transit volume.

Where initially determined that an easement volume is needed on any zoning lot which has been developed, enlarged or converted in accordance with the provisions of this Chapter, where termination of such easement volume has been certified pursuant to this paragraph, the use provisions of Section 66-221 (Temporary uses) and Section 66-222 (Special use allowances around easement volumes) shall continue to apply to any floor space in a previously needed easement volume and around such easement volume where special uses allowances are permitted in Residence Districts pursuant to this Chapter. Additionally, any floor space in a previously needed easement volume shall continue to be exempt from the definition of floor area and shall not be included for the purpose of calculating requirements for accessory off-street parking, bicycle parking or loading berths. However, where such previously needed volume is located within a building, the ground floor space shall be subject to all applicable ground floor level requirements of this Resolution.

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