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What is NYC BC § 406.9.2?

Quick Answer

This section mandates that any premises intended for the storage or sale of motor vehicles on an open parking lot must file an application with the Department of Buildings to obtain a Certificate of Occupancy. The certificate specifies the maximum number of vehicles and their types. Applies to property operators managing open parking lots.

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

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406.9.2 Permit required.

BC § 406.9.2

Any premise intended to be occupied for the storage or sale of motor vehicles on an open parking lot shall require an application to be filed with the department in order to obtain a Certificate of Occupancy. Such Certificate of Occupancy shall indicate the maximum number of vehicles to be accommodated and the type of vehicle, whether private passenger or commercial, to be stored. An application for or including an open parking lot shall be accompanied by a plan exhibiting the following: 1. Dimensions of the lot and its location in relation to adjoining streets; 2. Any structure(s) existing or to be erected on the plot; 3. The relative elevations of the parking area, curbs and adjoining yards or courts; 4. Structures, retaining walls, and open spaces on adjoining premises; 5. Retaining walls to be built; 6. Location and dimensions of curb cuts, driveways, and enclosures; 7. Drainage diagram; 8. Specification of surfacing material; 9. Parking stall layout with dimensions; 10. Analysis exhibiting compliance with the New York City Zoning Resolution; and 11. Other information as may be requested by the commissioner. A copy of the plan or diagram approved by the department shall be kept on the premises. Certified, reduced size, legible copies may be used for this purpose. When an attendant's shelter is provided on the parking lot, the Certificate of Occupancy issued shall be posted and maintained under glass in the shelter.

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