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What is NYC ZR § 107-241?

Quick Answer

This section outlines regulations for curb cuts and building setbacks along arterial streets. It specifies access restrictions for curb cuts based on the type of street and frontage, and mandates a 20-foot building setback in certain districts. Applies to property owners with zoning lots adjacent to arterial streets.

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

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§ 107-241 Special provisions for arterials

ZR § 107-241

Along those streets designated as arterials, the following regulations shall apply:

Access restrictions Curb cuts are not permitted along an arterial street on zoning lots with frontage on an improved non-arterial street. For zoning lots with frontage only on an improved arterial street, one curb cut is permitted along such arterial street. For purposes of this Section, adjoining zoning lots in the same ownership or control on November 2, 2023, shall be treated as a single zoning lot. For any zoning lot which includes an area plan approved by the City Planning Commission, no curb cut shall be allowed except where a curb cut is designated on such area plan. Such access restrictions with regard to curb cuts shall not apply to schools, hospitals and related facilities, police stations, or fire stations. For a zoning lot with no less than 100 feet of frontage on an arterial street, the Commissioner of Buildings may approve curb cuts that exceed the access restrictions listed above where the Commissioner of Transportation submits a letter certifying that such additional curb cuts are necessary to avoid adverse effects on the traffic operations and safety of the arterial, or that such curb cuts will not adversely affect traffic operations and safety on the arterial including, but not limited to, all curb cut locations on an arterial street by either implementing a traffic pattern serving right-turn only movements or the implementation of traffic signalization, or other reasons acceptable to the Commissioner of Transportation.

Building setback In all districts excluding Commercial Districts, along portions of the arterials, as indicated on the District Plan (Maps 2.1 through 2.4 in Appendix A of this Chapter), a 20 foot building setback shall be provided for the full length of the front lot line abutting such arterial. The front building setback area shall be unobstructed from its lowest level to the sky except as permitted by this Section. Where a front building setback area at least 35 feet in depth is provided, such setback area may be used for required accessory off-street parking or loading facilities. No portion of such required setback area may be used for open storage. In the case of the service roads of the West Shore Expressway, a 30 foot building setback shall be provided and required off-street parking and loading facilities are permitted within such setback. Within the required front building setback, there shall be provided one tree of three-inch caliper or more, pre-existing or newly planted, for each 400 square feet of such front open area, unless waived pursuant to the provisions of paragraph (c) of Section 107-483 (Planting and screening for parking areas). The trees shall be selected in accordance with the provisions of Section 107-32 (Tree Requirements).

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