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What is NYC ZR § 91-62?

Quick Answer

This section provides definitions for terms used within the South Street Seaport Subdistrict, including 'development rights,' 'granting lot,' 'person,' 'receiving lot,' and 'street.' These definitions are crucial for understanding the zoning regulations applicable to development in the area. Applies to developers and property owners in the South Street Seaport Subdistrict.

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

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§ 91-62 Definitions

ZR § 91-62

For purposes of this Section, matter in italics is defined in Section 12-10 (DEFINITIONS) or within this Section.

Development rights

Within the South Street Seaport Subdistrict, the basic maximum permitted floor area for a granting lot shall be that which is allowed by the applicable district regulations as if such granting lot were undeveloped, and shall not include any additional floor area bonuses for public plazas, arcades or any other form of floor area increase, whether as-of-right or by special permit. Streets located within the Subdistrict that have been closed or discontinued in whole, part or whose air space has been closed or discontinued pursuant to Section E15-3.0 of the Administrative Code, or its successor, shall have attributed to such closed area or closed air space the basic maximum permitted floor area allowed within the underlying zoning district within which such streets are situated. The lot area of a closed or discontinued volume of air space shall be measured by the area of the bed of the street lying below and within such closed or discontinued volume.

Granting lot

Within the South Street Seaport Subdistrict, a "granting lot" is a zoning lot or a closed or discontinued portion of a street or air space over a street which is identified as a granting lot, as identified on Map 6 (South Street Seaport Subdistrict) in Appendix A, upon which development is regulated by contract, lease, covenant, declaration or otherwise to assure compliance with the purposes of this Subdistrict and from which development rights may be transferred. Such zoning lots and closed portions of streets or air space over streets are identified on the map of the transfer areas (Map 6) as Parcels 6, 7 and 9 and the adjacent hatched street areas.

Person

Within the South Street Seaport Subdistrict, a "person" is an individual, corporation (whether incorporated for business, public benefit or not-for-profit purposes or otherwise), partnership, trust firm, organization, other association or any combination thereof.

Receiving lot

Within the South Street Seaport Subdistrict, a "receiving lot" is a zoning lot identified on the map of transfer areas (Map 6 in Appendix A) to which development rights may be added. Such "receiving lots" are identified on the map as Parcels 1, 2, 8, 15, 16, 20, 21 and 22.

Street

(a)A street, as defined in Section 12-10; or

(b)a way, designed or intended for general public circulation and use, that:

(1)performs the pedestrian circulation functions usually associated with a way shown on the City Map;

(2)remains open and unobstructed from the at-grade circulation level to the sky, except for public facilities customarily located on a street shown on the City Map, or those facilities permitted to be located on a street shown on the City Map, including without limitation, transitory fixtures or objects unattached to the real property encompassed by such way; and

(3)is a designated pedestrian way, pursuant to Section 91-68.

A street, as defined in paragraph (b) of this Section, shall satisfy and apply to all references to streets provided elsewhere in the Zoning Resolution.

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