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What is NYC ZR § 126-233?

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This section modifies regulations for open areas along district boundaries, specifically within Manufacturing Districts adjacent to Residence Districts. It mandates the provision of open areas at specified widths and depths, with restrictions on their use and requirements for planting. Applies to property owners in Manufacturing Districts near Residence Districts.

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

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§ 126-233 Special provisions along district boundaries

ZR § 126-233

The following regulations shall modify the provisions of Section 43-30 (SPECIAL PROVISIONS APPLYING ALONG DISTRICT BOUNDARIES).

(a)Sections 43-301 (Required yards along district boundary coincident with side lot line of zoning lot in an R1, R2, R3, R4 or R5 District) and 43-303 (Required yards along district boundary coincident with side lot line of zoning lot in a Manufacturing District) shall be modified so that an open area not higher than curb level and at least 20 feet wide shall be provided within the Manufacturing District on any zoning lot which is within 25 feet of a Residence District.

(b)Within the areas depicted on the Special College Point District Map as 60-foot buffer areas, an open area not higher than curb level shall be provided within the Manufacturing District, as follows:

(1)where such buffer area is adjacent to a street, a front yard at least 60 feet in depth shall be provided; or

(2)where such buffer area is not adjacent to a street, an open area at least 60 feet wide shall be provided along the boundary of the Manufacturing District. Such open area may be reduced to a width of not less than 25 feet where there is an open area in an adjacent Residence District so that, in combination with the open area within the Manufacturing District, there is an open area totaling at least 60 feet in width. The open area in the Residence District shall be subject to a restrictive declaration requiring that such area be maintained pursuant to the standards of this Section, in a form approved by the New York City Department of Buildings, and subsequently recorded in the Office of the City Register of the City of New York against all tax lots comprising such restricted open area. Proof of recordation of the restrictive declaration in a form acceptable to the New York City Department of Buildings shall be submitted.

All such open areas shall not be used for accessory off-street parking, accessory off-street loading, or for storage or processing of any kind.

(c)All open areas required pursuant to this Section and Section 43-30 shall be planted, except at entrances to and exits from the building and except for access driveways to accessory parking and loading areas. In addition, except within front yards, there shall be a planting strip at least four feet wide, along the portion of the lot line adjoining the Residence District, complying with the provisions applicable to Section 126-136 (Screening of storage), provided that the option described in paragraph (a)(2) of Section 126-136 shall not be a permitted form of screening.

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