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What is NYC ZR § 44-47?

Quick Answer

This section outlines regulations for maneuverability and curb cuts for open parking areas associated with commercial or community facility uses. It applies to developments and enlargements that meet specific criteria regarding floor area and parking spaces. The Department of Buildings enforces these regulations, affecting building owners with accessory open parking areas.

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

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§ 44-47 Parking Lot Maneuverability and Curb Cut Regulations

ZR § 44-47

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In all districts, as indicated, the provisions of this Section shall apply to:

developments with accessory open parking areas in which 70 percent or more of the floor area on the zoning lot is occupied by a commercial or community facility use;

enlargements of a building with accessory open parking areas or the enlargement of an open parking area that result in: an increase in the total number of parking spaces accessory to commercial or community facility use on the zoning lot that is at least 20 percent greater than the number of such spaces existing on November 28, 2007; or an increase in the total amount of floor area on the zoning lot that is at least 20 percent greater than the amount of floor area existing on November 28, 2007, and where at least 70 percent of the floor area on the zoning lot is occupied by commercial or community facility uses; and

an increase in the total number of parking spaces accessory to commercial or community facility use on the zoning lot that is at least 20 percent greater than the number of such spaces existing on November 28, 2007; or

an increase in the total amount of floor area on the zoning lot that is at least 20 percent greater than the amount of floor area existing on November 28, 2007, and where at least 70 percent of the floor area on the zoning lot is occupied by commercial or community facility uses; and

existing buildings with new accessory open parking areas in which 70 percent or more of the floor area on the zoning lot is occupied by a commercial or community facility use.

The provisions of this Section shall not apply to surface parking located on the roof of a building, indoor parking garages, public parking garages, structured parking facilities, or developments or enlargements in which at least 70 percent of the floor area or lot area on a zoning lot is used for automobile dealers, automotive repair and maintenance, or automotive service stations listed under Use Group VI.

For the purposes of this Section, an “open parking area” shall mean that portion of a zoning lot used for the parking or maneuvering of vehicles, including service vehicles, which is not covered by a building. Open parking areas shall also include all required landscaped areas within and adjacent to the open parking area.

For all such new or enlarged open parking areas, a site plan shall be submitted to the Department of Buildings showing the location of all parking spaces, curb cuts and compliance with the maneuverability standards set forth in paragraphs (b) and (c) of Section 36-57.

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