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What is NYC ZR § 44-565?

Quick Answer

This section mandates that open off-street loading berths adjacent to Residence Districts be screened from adjoining zoning lots. Screening options include densely planted shrubs or a fire-resistant wall or fence. The statute is enforced by the Department of Buildings and applies to property owners with such loading berths.

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

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§ 44-565 Screening

ZR § 44-565

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In all districts, as indicated, all permitted or required open off-street loading berths which are located on zoning lots adjacent to the boundary of a Residence District shall be screened from all adjoining zoning lots in Residence Districts, including zoning lots situated across a street, by either:

(a)a strip at least four feet wide, densely planted with shrubs or trees which are 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

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

In addition, such screening:

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

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

(3)shall have no signs hung or attached thereto other than those permitted in Section 42-62 (Permitted Signs).

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