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What is NYC ZR § 44-53?

Quick Answer

This section allows for a waiver of the requirements for accessory off-street loading berths when the Commissioner of Buildings certifies that access to the street cannot be arranged. The Commissioner may consult the Department of Transportation for a report to inform this determination. Applies to building owners in specified zoning districts.

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

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§ 44-53 Waiver of Requirements for All Zoning Lots Where Access Would Be Forbidden

ZR § 44-53

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In all districts, as indicated, the requirements set forth in Section 44-52 (Required Accessory Off-street Loading Berths) 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 berths with access to the street to conform to the provisions of Section 44-562 (Location of access to the street). The Commissioner of Buildings may refer such matter to the Department of Transportation for a report and may base a determination on such report.

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