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What is NYC ZR § 37-21?

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This section outlines regulations for the screening and enclosure of energy infrastructure and accessory mechanical equipment in NYC, excluding C8 Districts. It specifies requirements for generators and cogeneration equipment, including enclosure and screening criteria based on size and location. Applies to building owners with energy infrastructure equipment.

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

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§ 37-21 Special at-grade Screening and Enclosure Regulations

ZR § 37-21

In all districts, other than C8 Districts, all energy infrastructure equipment and accessory mechanical equipment shall be subject to the following provisions when not located on a building rooftop or within a completely enclosed building, whether or not such equipment is located within a required open space, yard, or court:

all generators and cogeneration equipment utilizing fossil fuels which are accessory to buildings other than single- or two-family residences shall be completely enclosed within a building or other structure, except as necessary for mechanical ventilation;

all other types of equipment, including generators and cogeneration equipment serving single- or two-family residences, may be unenclosed, provided that such equipment is located at least five feet from any side or rear lot line and where located between a street wall, or prolongation thereof, and the street line, such equipment is within three feet of a street wall; and

where the area bounding all such equipment, as drawn by a rectangle from its outermost perimeter in plan view, exceeds 25 square feet, such equipment shall be screened in its entirety on all sides. Such screening may be opaque or perforated, provided that where perforated materials are provided, not more than 50 percent of the face is open.

However, no screening shall be required for: equipment with a depth limited to 18 inches from an exterior wall; solar energy systems; and wind energy systems.

equipment with a depth limited to 18 inches from an exterior wall;

solar energy systems; and

wind energy systems.

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