This bulletin clarifies when privately owned mapped street can be used for zoning purpose.
Reference
This bulletin replaces the Corporation Counsel Opinion Nos. 105,915 and 107,337.
USE OF A PRIVATELY OWNED MAPPED STREET FOR ZONING PURPOSES
A. ZR 12-10(a) Zoning Lots
A Privately Owned Mapped Street within a ZR 12-10(a) zoning lot shall be included for all zoning purposes
- Measurement of Required Areas.
The required area will be measured from the street line and not include privately owned mapped street.
Exception-1: The required areas shall be measured from the tax lot line, when all the following conditions are met:
- The Privately Owned Mapped Street is Unimproved at the time of application,
- The Privately Owned Mapped Street is not required to be Improved for any reason, and has received a waiver of all improvements from the NYC DOT
- A letter from DOT should be dated 30 days prior to application and states that it is not part of a City capital improvement plan.
Exception-2: The required area shall be measured from the improved portion of the Privately Owned Mapped Street, when all the following conditions are met:
- The unimproved portion of the Privately Owned Mapped Street has received a waiver of curb alignment from DOT
- A letter from DOT should be dated 30 days prior to application and states that it is not part of a City capital improvement plan.
Exception-3: Where the Board of Standards and Appeals (BSA) has granted approval to build in the bed of the mapped street pursuant to GCL §35, and a waiver pursuant to ZR §72-01(g).
B. ZR 12-10(b),(c)or(d) Zoning Lots
A ZR 12-10 (b),(c)or(d) zoning lot by definition must be located within a block. However, a Privately Owned Mapped Street shall be included in the zoning calculations of the zoning lot portion of the tax lot, for all zoning purposes when:
a. BSA grants approval to build in a Mapped Street pursuant to GCL §35 as though the street were not there
b. The following conditions are met:
- The Mapped Street is Unimproved at the time of application
- The Mapped Street is not required to be improved to satisfy the access requirements of GCL §36
2. Measurement of Required Front Yard, Setback or Open Areas.
The required area shall be measured from the Street Line bordering the zoning lot and not include the Privately Owned Mapped Street.
Exception-1: Where the BSA has granted approval to build in the bed of the mapped street and granted a waiver pursuant to ZR § 72-01(g).
Exception-2: Where a building on a ZR 12-10(a) or 12-10(b) zoning lot existed prior to December 15, 1961, the area may remain as it existed in the 12-10(a) or 12-10(b) zoning lot. However, any development or enlargement on the 12-10(c) or 12-10(d) zoning lot must comply with the general rule set forth herein.
C. Street Setback Line, where applicable
In accordance with the definition of “street setback line” set forth in Section 12-10 of the Zoning Resolution of the City of New York, where the City Map in the Borough of Staten Island or in Community District 10 in the Borough of Queens shows a street setback line, front yard, setbacks and court regulations must be measured from such street setback line
USE OF A PRIVATELY OWNED MAPPED STREET FOR PARKING AND CONSTRUCTION
A. Required Parking
1. No portion of a Privately Owned Mapped Street may be used to satisfy required parking.
2. Permitted parking may be located in the Privately Owned Mapped Street.
B. BSA Approval to Construct in Mapped Street
1. No permit may be issued to construct a building or other structure in the bed of a mapped street without an approval from the Board of Standards and Appeals (“BSA”) pursuant to GCL §35.
2. A GCL §35 approval from BSA does not authorize a waiver of bulk and setback requirements. Where the BSA has authorized construction, zoning will be analyzed in accordance with the terms and conditions of the BSA permit.
