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What is NYC ZR § 79-32?

Quick Answer

This section allows the City Planning Commission to authorize the location of required accessory loading berths within large-scale community facility developments, regardless of zoning lot lines. The Commission must make specific findings regarding accessibility and impact on site planning. Applies to developers of large-scale community facilities.

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

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§ 79-32 Location of Loading Berths

ZR § 79-32

When a large-scale community facility development includes two or more zoning lots, the City Planning Commission may, upon application, authorize permitted required accessory loading berths to be located anywhere within the large-scale community facility development without regard for zoning lot lines, provided that in each case the Commission shall make the following special findings:

(a)that such loading berths will be appropriately located in relation to the use or uses to which such berths are accessory so as to permit better site planning and will thus benefit the owners, occupants, employees, residents or visitors to the large-scale community facility development and the City as a whole;

(b)that such loading berths will be accessible to all the uses in the large-scale community facility development without the need to cross any wide street at grade;

(c)that the location of such loading berths will not unduly affect the movement of pedestrians or vehicles on the streets within or surrounding such large-scale community facility development; and

(d)that the loading berths comply with all other applicable district regulations.

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