Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC ZR § 112-33?

Quick Answer

This section mandates the provision of publicly accessible waterfront sitting areas for residential developments on waterfront zoning lots of 65,000 square feet or more, excluding R1 and R2 Districts. The statute outlines specific requirements for size, accessibility, and design. Applies to developers of waterfront residential properties.

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

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 112-33 Special Requirements for Waterfront Access

ZR § 112-33

Except in R1 and R2 Districts, for developments containing residences on waterfront zoning lots of 65,000 square feet or more, a publicly accessible waterfront sitting area shall be provided. Such sitting area shall abut the shoreline, have a minimum area of 2,500 square feet, a minimum depth of 50 feet measured from the shoreline and contain at least one linear foot of seating for every 100 square feet of public access area. Entrances of buildings may not front upon such sitting area.

Such sitting area shall be accessible by means of either a direct connection to a public sidewalk or a public way through the zoning lot directly connecting the sitting area with a public sidewalk. Such public way shall be comprised of a planting strip of at least four feet in width containing one tree of at least three-inch caliper for every 25 linear feet of length of such way, and a paved sidewalk of at least six feet in width or, for developments with private roads, sidewalks provided in accordance with the requirements for private roads, as set forth in Article II, Chapter 6.

Such public access areas shall comply with the provisions of Sections 62-74 (Requirements for Recordation), 62-70 (MAINTENANCE AND OPERATION REQUIREMENTS FOR WATERFRONT PUBLIC ACCESS AREAS), 62-651 (Guardrails, gates and other protective barriers), 62-652 (Seating) and 62-654 (Signage).

The Chairperson of the City Planning Commission shall certify to the Department of Buildings or Department of Business Services, as applicable, that a site plan has been submitted showing compliance with the provisions of this Section.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 112-33?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters