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What is NYC ZR § 81-44?

Quick Answer

This section outlines restrictions on driveway curb cuts for parking facilities or loading berths along specific avenues and streets in Midtown Manhattan. Exceptions may be granted by the Commissioner of Buildings or the City Planning Commission under certain conditions. Applies to building owners with properties in designated areas seeking curb cut approvals.

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

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§ 81-44 Curb Cut Restrictions

ZR § 81-44

Along all avenues in Midtown and along 57th, 53rd, 42nd and 34th Streets, no driveway curb cuts for parking facilities or loading berths shall be permitted except for the following:

the Commissioner of Buildings may approve a curb cut where there are no alternative means of access to off-street loading berths from other streets bounding the zoning lot; or

the City Planning Commission may authorize curb cuts where such curb cuts are needed for required loading berths. Such loading berths must be adjacent to a fully enclosed maneuvering area on the zoning lot at least equal in area to the area of the required loading berth and arranged so as to permit head-in and head-out truck movements to and from the zoning lot. The City Planning Commission will refer such applications to the Department of Transportation for their comment.

In addition, for zoning lots with frontage along such avenues and streets in Midtown where curb cuts are prohibited, the Commissioner of Buildings may waive required off-street loading berths pursuant to the provisions set forth in Section 13-33 (Modification of Loading Berth Requirements).

Where a curb cut is permitted as indicated in this Section, the maximum width of such curb cut shall be 15 feet for one-way traffic and 25 feet for two-way traffic. These curb cut requirements shall be in addition to any other applicable City rules or regulations concerning driveway curb cuts.

The above exceptions do not apply to Fifth Avenue, or between 43rd and 50th Streets, to Seventh Avenue or Broadway and no curb cuts shall be permitted in these cases. Between 43rd and 50th Streets, access to accessory off-street loading berths or off-street parking facilities shall not be permitted on Seventh Avenue or Broadway or, except where the length of a narrow street block frontage between the street lines of Seventh Avenue and Broadway exceeds 75 feet but is less than 125 feet, within 50 feet of the Seventh Avenue or Broadway street line. Interior lots between 43rd and 50th Streets with a street frontage only on Seventh Avenue or Broadway shall not contain loading berths.

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