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What is NYC ZR § 97-54?

Quick Answer

This section outlines the conditions under which a curb cut may be permitted for access to required accessory residential parking facilities or loading berths. The City Planning Commission must certify that the proposed location meets specific criteria related to safety and streetscape impact. Applies to developers seeking curb cuts for parking or loading access.

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

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§ 97-54 Certification for Access to Required Uses

ZR § 97-54

If access to a required accessory residential parking facility or loading berth is not possible because of the requirements of Section 97-53 (Location of Access to the Street), or, for developments in Subarea A, the requirements of Section 36-683 (Restrictions on location of berths near Residence Districts), a curb cut may be allowed if the City Planning Commission certifies to the Commissioner of Buildings that such location is:

the only possible location for the facility or loading berth;

not hazardous to traffic safety;

located not less than 50 feet from the intersection of any two street lines; and

constructed and maintained so as to have a minimal effect on the streetscape.

Such curb cut, if granted, shall be no greater than 20 feet in width.

The Commissioner may refer such matter to the Department of Transportation, or its successor, for a report and may base the determination on such report.

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