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What is NYC ZR § 116-33?

Quick Answer

This section establishes screening and tree planting requirements for new or enlarged open off-street parking facilities with ten or more spaces. Screening must consist of densely planted evergreen shrubs and may include walls or fences. Tree planting is mandated at a rate of one tree for every eight parking spaces. Applies to owners of qualifying parking facilities.

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

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§ 116-33 Screening and Tree Planting Requirements for Parking Facilities

ZR § 116-33

The provisions of this Section shall apply to any new or enlarged open off-street parking facility with ten spaces or more, except where the provisions of Section 37-90 (PARKING LOTS), inclusive, apply.

(a)Screening Such off-street parking facilities shall be screened, in accordance with the provisions of this Section, from all adjoining zoning lots, including such zoning lots situated across a street, and from any designated open space accessible to the public situated on the same zoning lot, including the Esplanade. Such screening shall consist of a strip at least four feet wide, densely planted with evergreen shrubs at least four feet high at the time of planting and which are of a type which may be expected to form a year–round dense screen at least six feet high within three years.Accessory parking spaces that front upon a street shall be screened by a strip at least four feet wide and densely planted with evergreen shrubs to be maintained at all times at a height not less than two and one-half feet and not more than four feet. In addition, a wall or barrier or uniformly-painted fence of fire-resistant material at least four feet high but not more than eight feet above finished grade may be provided. Such wall, barrier or fence must be 100 percent opaque up to a height of four feet above the finished grade of the parking facility and not more than 35 percent opaque above four feet. No chain link fences shall be permitted. All permitted fences shall be located behind landscaped areas when viewed from the street. Such screening shall be maintained in good condition at all times, may be interrupted by normal entrances or exits, and shall have no signs hung or attached thereto other than those permitted in Sections 32-60, inclusive, or 62-654.

(b)Tree planting requirements Trees, pre-existing or newly-planted, shall be provided at the rate of one tree for every eight open parking spaces within the off-street parking facility and may be located on the perimeter of the parking facility or in planting islands within the parking area. For parking facilities with more than 25 open parking spaces, at least 30 percent of trees provided to meet this requirement shall be located in planting islands within the parking area. Trees shall be planted in accordance with the requirements of the Department of Parks and Recreation.

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