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What is NYC ZR § 82-40?

Quick Answer

This section outlines the regulations for off-street parking and loading in the Special Lincoln Square District, including requirements for special permits from the City Planning Commission. It also details conditions under which curb cuts may be authorized and allows for waivers of loading berth requirements based on traffic safety and congestion concerns. Applies to property owners in the Special Lincoln Square District.

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

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§ 82-40 OFF-STREET PARKING AND OFF-STREET LOADING REGULATIONS

ZR § 82-40

The regulations of Article I, Chapter 3 (Comprehensive Off-street Parking and Loading Regulations in the Manhattan Core) and the applicable underlying district regulations of Article III, Chapter 6, relating to Off-street Loading Regulations, shall apply in the Special Lincoln Square District except as otherwise provided in this Section. In addition, the entrances and exits to all off-street loading berths shall not be located on a wide street except by authorization as set forth in this Section.

(a)Accessory off-street parking spacesAccessory off-street parking spaces are permitted only by the applicable special permit of the City Planning Commission pursuant to Section 13-45 (Special Permits for Additional Parking Spaces), inclusive.

(b)Curb cuts The City Planning Commission may authorize curb cuts within 50 feet of the intersection of any two street lines, or on wide streets where such curb cuts are needed for off-street loading berths, provided the location of such curb cuts meets the findings in Section 13-441.

(c)Waiver of loading berth requirements The City Planning Commission may authorize a waiver of the required off-street loading berths where the location of the required curb cuts would:

(1)be hazardous to traffic safety;

(2)create or contribute to serious traffic congestion or unduly inhibit vehicular and pedestrian movement; or

(3)interfere with the efficient functioning of bus lanes, specially designated streets or public transit facilities.

The Commission shall refer these applications to the Department of Transportation for its comments.

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