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What is NYC ZR § 73-66?

Quick Answer

This section allows the Board of Standards and Appeals to permit construction exceeding height limits near airports if certain conditions are met. The applicant must submit a site plan, and the Board must determine that the construction does not pose a safety hazard to occupants, nearby buildings, or air passengers. Applies to property developers near airports.

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

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§ 73-66 Height Regulations Around Airports

ZR § 73-66

The Board of Standards and Appeals may permit the construction, enlargement, or reconstruction of a building or other structure in excess of the height limits established under Sections 61-21 (Restriction on Highest Projection of Building or Structure) or 61-22 (Permitted Projection Within any Flight Obstruction Area), provided that the applicant submits a site plan, with elevations, showing the proposed building or other structure in relation to such maximum height limits, and that the Board finds that such proposed building or other structure, enlargement, or reconstruction would not constitute a hazard (either under the existing layout of the airport or under any planned reorientation or lengthening of the airport runways) to the safety of the occupants of such proposed building, to other buildings in the vicinity or to the safety of air passengers, and would not disrupt established airways.

The Board shall refer the application to the Federal Aviation Administration for a report as to whether such construction will constitute a danger to the safety of air passengers or disrupt established airways.

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