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What is NYC ZR § 104-423?

Quick Answer

This section mandates the provision of an East/West Open Area as specified in Map 7 of Appendix A. The area must meet specific requirements regarding width, clear path, and landscaping. Compliance is necessary before obtaining a temporary certificate of occupancy for adjacent developments. Applies to property developers and building owners involved in new construction.

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

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§ 104-423 East/West Open Area

ZR § 104-423

An East/West Open Area shall be provided as shown on Map 7 (Mandatory Open Areas) in Appendix A of this Chapter. The East/West Open Area shall have:

(a)a minimum width of 60 feet and shall be open to the sky;

(b)a minimum clear path of 15 feet, which shall be improved as a paved surface of a non-skid material, whether wet or dry; and

(c)a minimum of 20 percent of its area improved with landscape treatment, including planting and other amenities. No walls or planters shall be higher than two feet above the finished level of the adjacent sidewalk.

Air intake grilles, flush to grade, shall be permitted, provided such intake grilles do not exceed 10 percent of the area of the East/West Open Area, and are concealed from public view by planting or other design features.

The full width of the East/West Open Area shall be improved and open to the public, prior to applying for and receiving a temporary certificate of occupancy for any development adjacent to such area.

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