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What is NYC ZR § 36-33?

Quick Answer

This section allows for the waiver of certain zoning requirements for buildings or zoning lots where access to the street is not feasible. The Commissioner of Buildings can certify this condition and may consult with the Department of Transportation for guidance. Applies to building owners in specified zoning districts facing access challenges.

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

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§ 36-33 Waiver of Requirements for All Zoning Lots Where Access Would Be Forbidden

ZR § 36-33

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In the districts indicated, the requirements set forth in Section 36-31 (General Provisions) shall not apply to any building or zoning lot as to which the Commissioner of Buildings has certified that there is no way to arrange the required spaces with access to the street to conform to the provisions of Section 36-53 (Width of Curb Cuts and Location of Access to the Street). The Commissioner of Buildings may refer such matter to the Department of Transportation for report and may base his determination on such report.

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