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What is NYC ZR § 104-421?

Quick Answer

This section outlines the requirements for mandatory widened sidewalks in specified locations, detailing their construction, accessibility, and permitted landscaping. It establishes standards for adjacent areas and additional regulations for narrow streets and specific locations like 12th Avenue. Applies to building owners involved in sidewalk construction and maintenance.

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

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§ 104-421 Mandatory widened sidewalks and adjacent areas

ZR § 104-421

(a)Map 3 (Widened Sidewalk Lines) in Appendix A of this Chapter specifies the locations of mandatory widened sidewalks. The depth of such mandatory widened sidewalks shall be as indicated on Map 3 and specified in this Section, and shall be measured perpendicular to the street line. Mandatory widened sidewalks shall be constructed at the same level as the adjoining public sidewalks and shall be accessible to the public at all times. The portions of all mandatory widened sidewalks used for pedestrian circulation shall be improved as sidewalks to Department of Transportation standards.

(b)Within mandatory widened sidewalks, landscaping and other amenities shall be permitted. Mandatory widened sidewalks shall be considered streets for the purposes of applying the provisions of the New York City Building Code governing cornices, eaves, sills and other architectural elements that project over streets. However, no fences shall be permitted, no planters shall be higher than two feet above the finished level of the adjacent sidewalk, and all trees shall be planted flush to grade.

(c)Adjacent area at grade between lower street wall and sidewalkWhere the lower street wall, or the street wall if no lower street wall is required, is set back from the mandatory widened sidewalk line or the street line, whichever is applicable, the entire surface area of the ground located between the street wall and the public sidewalk shall comply with the standards of paragraphs (a) and (b) of this Section. Such areas may be covered and may include columns and other elements not specifically excluded pursuant to paragraph (b) of this Section.

(d)Additional regulations shall apply to the following areas and conditions:

(1)Narrow streetsThe mandatory widened sidewalks located along narrow streets shall be five feet wide. A paved walking path not less than 10 feet wide, which may include the public sidewalk, shall be provided. The paving surface shall be of a non-skid material, whether wet or dry.

(2)12th Avenue The mandatory widened sidewalks located along 12th Avenue, as shown on Map 7 in Appendix A of this Chapter, shall be 30 feet wide and include a 15 foot wide area adjacent to the street line for the provision of an open market and a walking surface with a minimum clear path of 15 feet adjacent to the market area. The walking surface shall be of a non-skid material, whether wet or dry.

(i)Permanent, fixed elements, such as landscaping and seating, with a minimum coverage of five percent of the market area, shall be required.

(ii)The following obstructions shall be permitted:Temporary, moveable elements with a maximum coverage of 30 percent of the market area per zoning lot, such as carts, kiosks or pavilions, open or enclosed; market umbrellas; retail structures, open; and seating and other street furniture.

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