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What is NYC ZR § 36-55?

Quick Answer

This section mandates that open off-street parking areas with 10 or more spaces adjacent to Residence Districts must be screened from those districts. The screening can be achieved through dense planting or a wall, barrier, or fence of specified height. Applies to property owners with such parking areas adjacent to residential zones.

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

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§ 36-55 Screening

ZR § 36-55

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In all districts, as indicated, all open off-street parking areas with 10 spaces or more, which are located on zoning lots adjacent to the boundary of a Residence District, either at natural grade or on a roof:

(a)shall be screened from all adjoining zoning lots in Residence Districts, including such zoning lots situated across a street, by either:

(1)a strip at least four feet wide, densely planted with shrubs or trees at least four feet high at the time of planting, and which are of a type which may be expected to form a year-round dense screen at least six feet high within three years; or

(2)a wall or barrier or uniformly painted fence of fire resistant material at least six feet high, but not more than eight feet above finished grade (or above the roof level, if on a roof). Such wall, barrier or fence may be opaque or perforated, provided that not more than 50 percent of the face is open;

(b)shall be maintained in good condition at all times;

(c)may be interrupted by normal entrances or exits; and

(d)shall have no signs hung or attached thereto other than those permitted in Sections 32-62 (Permitted Signs) or 32-63 (Permitted Advertising Signs).

Paragraph (a) of this Section shall not apply at the street line of zoning lots where the requirements of Section 37-921 (Perimeter landscaping) apply.

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