(a) New newsstands. The clearance requirements of this subdivision (a) apply to applications for the issuance of a license to install, construct and operate newsstands at locations at which no newsstand is licensed at the time of the application.
(1) Clear path.
(A) All newsstands shall be installed so as to allow a straight unobstructed path ("clear path") for pedestrian circulation on the sidewalk, which must measure at least 9 1/2 feet of the sidewalk's width.
(B) Clearance for pedestrians for curb-line newsstands. When reviewing the relationship of newsstands to other obstructions on the sidewalk, a principal concern is the maintenance of a straight clear path of 9 1/2 feet in front of the stand. In addition, there must be a clearance of 15 feet on either side of the 9 1/2 foot clearance in front of the stand. (See Illustrations 1 and 2.)
(C) Clearance for pedestrians for property-line newsstands. For property-line newsstands, the distance from curb to newsstand must be as provided in the Code, which requires a minimum clear path of 9 1/2 feet. Newsstands shall not be installed within 3 feet of the property line without the property owner's written permission. (See Illustration 3.)
(D) There shall not be any grate or cellar door included as a part of the clear path directly in front of the proposed stand or beneath it.
(2) Clearances in general.
(A) Newsstands may not be located within 1 foot, 6 inches of any curb line of a street or within 10 feet of the property line extended at the intersection of any two streets. (See Illustration 4.)
(B) A minimum distance of 15 feet measured parallel to the curb must be maintained between the newsstand and other newsstands, bus shelters, automatic public toilets, computer information kiosks, enclosed or unenclosed sidewalk cafes, and subway entrances and exits, except for stands at the rear of subway entrances or exits, as provided in § 20-231(f) of the Code.
(C) A 15 foot clearance is required from curb cuts leading to garages, driveways, parking lots and truck service areas. All clearances from such curb cuts must also meet DOT safety and operational requirements.
(D) A 10 foot clearance is required from property lines extended at the intersection of two streets (see Illustration 4), fire hydrants (in any direction), standpipes (in any direction), siamese connections (in any direction).
(E) A 5 foot clearance is required from the tree pit, in any direction, or a canopy.
(F) A 3 foot clearance is required from street lights and traffic signal poles, in any direction.
(G) A 2 foot clearance, in any direction, is required from ventilation or other grills, cellar doors, manholes, access plates, adjoining building vaults or transformer vaults, street signs, parking meters, telephones, fixed litter baskets, valve boxes, and mail boxes.
(H) A 1 1/2 foot clearance is required from curbs, measured perpendicular to the curb-line.
(I) If DOT determines that a proposed location for a newsstand would place it directly above or adjacent to an underground vault, and that the proximity of the stand to such a vault could reasonably pose a hazard, the proposed location shall be rejected.
(J) Newsstands may not be placed under fire escapes.
(K) Newsstands may not extend into taxi stands or bus stops.
(L) Newsstands may not be placed within the frontage of any building having more than 3 floors of retail use, measured from a line drawn between the curb and the edges of each building.
(M) Newsstands may not be placed within 15 feet of any other obstruction, such as scaffolding or construction material, that is present at the time at which the proposed site for the newsstand is inspected by DOT. If the removal of such obstruction may be reasonably expected within one year, an applicant for a new newsstand may propose such a site for placement of a newsstand upon the removal of such obstruction. DCA shall keep all such applications on file for a maximum of one year from the date of application. It shall be the responsibility of the applicant to notify DCA that such obstruction has been removed. After one year, any such application that is still pending for any reason, including the continued presence of such obstruction, shall be denied.
(3) Clearances from elements of buildings.
(A) Except as provided in subparagraph (B) and (C) of this paragraph (3), a 15 foot clearance as measured parallel to the curb is required from significant entrances to major buildings, defined as entrances to houses of worship, governmental buildings, any entrance to the elevator lobby of a building having non-residential uses above the street level floor and having 16 floors in height or more with a frontage of at least 100 feet on narrow streets or 140 feet on wide streets, any entrance to the lobby of a hotel, any entrance from a bank to the street providing access to tellers for members of the general public, excluding automatic teller machine (ATM) rooms, unless the ATM entrance also serves as the main entrance to the bank, entrances to theaters, and entrances to box offices. Such clearances shall be measured from a line drawn between the curb and the nearest edge of such entrance (see Illustration 5). For purposes of this paragraph (3), the definition of "narrow" and "wide" streets in § 12-10 of the New York City Zoning Resolution shall apply.
(B) A 10 foot clearance is required from service or freight entrances.
(C) A 5 foot clearance is required from all other retail entrances and building entrances.
(4) Pedestrian level of service. No newsstand will be permitted at any location where DOT has determined that the level of service that would be created by the proposed stand at that location for the peak 15 minutes of the peak hour has a pedestrian flow rate equal to or greater than 11 people per minute per linear foot of clear path. Pedestrian level of service shall be determined by dividing the number of pedestrians counted during the peak 15 minutes of the peak hour by the sidewalk width less the sum of 4.5 feet to allow for pedestrian behavior and the width of any other obstructions. In the case of a curb-line newsstand, sidewalk width is the distance from the face of the newsstand to the building line. In the case of a property-line newsstand, sidewalk width is the distance from the face of the newsstand to the curb-line. DOT shall include in its determination any portion of the area between the building line and the property line which it finds to be immediately adjacent to and level with the public sidewalk, open to the sky, and substantially unobstructed along its entire length, and level, paved, and accessible so as to provide a useable walking surface.
(b) Renewals and replacement newsstands.
(1) Post 7/31/1991 newsstands. No license to maintain and operate a newsstand shall be renewed for any newsstand that was first licensed on or after August 1, 1991, if DOT determines pursuant to an inspection, scheduled and conducted in accordance with subdivision (c) of this section, that the newsstand:
(A) reduces the area maintained on the sidewalk for pedestrian movement below a width of 9 1/2 feet;
(B) places the proposed newsstand within 5 feet of a fire hydrant;
(C) creates a level of service at the proposed location for the peak 15 minutes of the peak hour of a pedestrian flow rate equal to or greater than 11 people per minute per linear foot of clear path, as determined by DOT. The pedestrian level of service shall be determined by the method described in 6 RCNY § 2-65(a)(4);
(D) places the proposed newsstand within 15 feet of a subway entrance or exit (except for newsstands located at the rear of subway entrances in accordance with § 20-231(f) of the Code);
(E) extends into the area encompassed by the extension of the property lines from the buildings to the curb at the intersection of two streets and the area 10 feet on either side of such lines;
(F) extends into a bus stop;
(G) otherwise creates a hazardous condition. For purposes of this subparagraph (G), a hazardous condition shall include, but not be limited to, the location of a newsstand less than one foot, six inches from the curb, under a fire escape, within ten feet of a driveway or parking lot or within two feet from underground access points, such as utility access openings, ventilation grills, or cellar doors.
(2) Pre-8/1/1991 newsstands. No license to maintain and operate a newsstand shall be renewed for any newsstand that was first licensed and has been in existence at the same location since prior to August 1, 1991 which fails to comply with any applicable provision of the Code, or:
(A) reduces the area maintained on the sidewalk for pedestrian movement below a width of 9 1/2 feet;
(B) places the proposed newsstand within 5 feet of a fire hydrant;
(C) creates a level of service at the proposed location for the peak 15 minutes of the peak hour of a pedestrian flow rate equal to or greater than 11 people per minute per linear foot of clear path, as determined by DOT. The pedestrian level of service shall be determined by the method described in 6 RCNY § 2-65(a)(4);
(D) places the proposed newsstand within 15 feet of a subway entrance or exit (except for newsstands located at the rear of subway entrances in accordance with § 20-231(f) of the Code);
(E) extends into the area encompassed by the extension of the property lines from the buildings to the curb at the intersection of two streets;
(F) otherwise creates a hazardous condition. For purposes of this subparagraph (F), a hazardous condition shall include, but not be limited to, the location of a newsstand less than one foot, six inches from the curb, under a fire escape, within ten feet of a driveway or parking lot or within two feet from underground access points, such as utility access openings, ventilation grills, or cellar doors.
(c) Inspections by DOT. Except as otherwise provided in 6 RCNY § 2-68 with respect to the reconstruction of newsstands by a franchisee, DOT shall conduct an inspection of newsstands in the year 2008 and every six years thereafter in connection with applications to renew licenses to operate such newsstands to determine whether such newsstands comply with applicable requirements of the Code and this Part, including the applicable clearances in paragraph (1) or (2) of subdivision (b) of this section.
(d) Franchise newsstands. If the PDC or the LPC has approved the type and design of a model of a new newsstand to be constructed and installed by a franchisee after the grant of a franchise, the PDC or LPC shall review the appropriateness of the franchise model for the proposed location and the design relationship of the proposed newsstand to its surroundings.
(Amended City Record 7/26/2018, eff. 8/25/2018)