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What is NYC ZR § 73-311?

Quick Answer

This section allows the Board of Standards and Appeals to permit modifications to enclosure regulations for drive-through facilities in C1 through C7 Districts, provided specific findings regarding traffic, impact on residences, and adequate buffering are met. Applies to building owners seeking to establish drive-through services in designated commercial districts.

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

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§ 73-311 Drive-through facilities

ZR § 73-311

In C1 through C7 Districts, the Board of Standards and Appeals may permit modification to the applicable enclosure regulations to allow accessory drive-through facilities serving a use listed under Use Group VI, as set forth in Section 32-16 (Use Group VI – Retail and Services), provided that the following findings are met:

the drive-through facility contains reservoir space within the zoning lot,: for not less than 10 automobiles where serving an eating or drinking establishment; or at a sufficient capacity for waiting automobiles, at maximum expected operation, where serving all other uses;

for not less than 10 automobiles where serving an eating or drinking establishment; or

at a sufficient capacity for waiting automobiles, at maximum expected operation, where serving all other uses;

the drive-through facility will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow;

the character of the Commercial District street frontage within 500 feet of the subject premises reflects substantial orientation toward the motor vehicle, based upon the level of motor vehicle generation attributable to the existing uses contained within such area and to the subject use;

the drive-through facility shall not have an undue adverse impact on residences within the immediate vicinity of the subject premises. In order to make such finding the Board shall consider both the air quality impact of idling vehicles and the illumination from headlights on adjacent residential uses; and

there will be adequate buffering and screening between the drive-through facility and adjacent residential uses. Screening shall consist of densely planted vegetation and may additionally include walls, barriers or fences.

The Board may prescribe additional appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

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