Section 60. Motor vehicle storage  


Latest version.
  • A space may be provided and maintained in
      any  multiple  dwelling or upon the premises thereof, or a structure may
      be erected and maintained at the rear or side thereof, for  the  storage
      of passenger motor vehicles but only with a written permit therefor when
      required by local law and in accordance with every applicable local law,
      ordinance,  resolution,  code  provision  or  regulation  and  with  the
      following provisions:
        1. a. It shall be unlawful to sell, store, handle or furnish gasoline,
      oil or other fuel, or any article, accessory or service except  storage,
      or  to  construct or maintain repair or grease pits in any such space or
      structure. The provisions of this section shall not prevent the  keeping
      of  such  gasoline, oil or other fuel as may be contained in the tank of
      any such motor vehicle, and  the  cleaning  or  washing  of  such  motor
      vehicles.
        b.  Such  space  or  structure shall be used solely for the storage of
      passenger motor vehicles of the occupants of the multiple dwelling or of
      multiple dwellings under common ownership, except  that,  in  the  event
      such  space  or structure or part thereof is not used by such occupants,
      it may be rented by the owner or owners of such dwelling or dwellings to
      persons other than the occupants thereof. The space which has thus  been
      rented  shall  be made available to an occupant within thirty days after
      written request therefor. Except as otherwise provided  in  paragraph  d
      herein  transient  parking  for  any  period  of  less than one month by
      non-occupants is unlawful. However, such space may be used also for  the
      storage  of  any  type  of mechanical or motor-driven equipment or other
      accessory device or passenger bus required for the proper maintenance of
      the site and of the dwellings thereon.
        c. If any of the provisions contained in paragraphs a and  b  of  this
      subdivision  is violated, the department charged with the enforcement of
      this chapter or the fire department shall order and direct that no motor
      vehicle may be stored or kept in such space or structure thereafter  for
      such  period  as  either  department  shall determine, and thereupon the
      permit shall be suspended and no motor vehicle shall be stored  or  kept
      in such space or structure for such period.
        d.  A  city  may,  by  local law or ordinance, or the duly constituted
      planning or appeal board or commission of a  city  may  by  granting  an
      approval,  exception  or  variance,  authorize transient parking for any
      period of less  than  one  month  of  motor  vehicles  in  dwellings  by
      non-occupants  in  any  space that is not let to an occupant pursuant to
      the other provisions of this section. Such city may  require  a  license
      and  impose  a  fee therefor, and adopt supplementary rules, regulations
      and conditions under which such parking shall be permitted.
        2. a. Every such space or structure shall be designed and  constructed
      to  accommodate  not  more  than  two  passenger motor vehicles for each
      family in such multiple dwelling.
        b. Such space  or  structure  shall  have  a  floor  area  within  its
      enclosing  walls  not greater than three hundred square feet per vehicle
      for each such family, including car parking spaces and aisles.
        c.  Every  such  storage  space  or  structure  shall   be   fireproof
      throughout, except that any extension of such storage space or structure
      beyond  the  exterior  walls  of  a fireproof dwelling not exceeding one
      story in height and  any  separate  structure  on  the  same  lot  as  a
      fireproof   dwelling   may   be   of   uncombustible   material  with  a
      fire-resistive rating of at  least  two  hours,  if  such  extension  or
      separate  structure  complies with the provisions of paragraph e of this
      subdivision.
        d. When constructed within a  multiple  dwelling  such  storage  space
      shall  be  equipped  with  a  sprinkler system and also with a system of
    
      mechanical ventilation in no way connected with  any  other  ventilating
      system.  Such storage space shall have no opening into any other part of
      the dwelling except through a fireproof vestibule.  Any  such  vestibule
      shall have a minimum superficial floor area of fifty square feet and its
      maximum  area  shall  not  exceed  seventy-five square feet. It shall be
      enclosed with incombustible partitions having a fire-resistive rating of
      three hours.  The floor and ceiling of such vestibule shall also  be  of
      incombustible  material having a fire-resistive rating of at least three
      hours. There shall be two doors to provide access from the  dwelling  to
      the car storage space. Each such door shall have a fire-resistive rating
      of one and one-half hours and shall be provided with a device to prevent
      the  opening of one door until the other door is entirely closed. One of
      these doors shall swing into the vestibule from  the  dwelling  and  the
      other  shall  swing  from  the vestibule into the car storage space. The
      door from the vestibule to the dwelling shall be at  least  twenty  feet
      distant  in  a  non-fireproof  dwelling  or  twelve  feet in a fireproof
      dwelling from any stair enclosure, elevator shaft, or any opening to any
      other vertical  shaft.  Such  vestibule  shall  also  be  equipped  with
      sprinklers  and  with  an  exhaust duct having a minimum cross-sectional
      area of one hundred forty-four square inches and shall not be  connected
      with any other ventilating system.
        e.  Such  storage space may be extended beyond the exterior walls of a
      fireproof dwelling without any separating walls between its interior and
      exterior portion  provided  that  such  extension  is  roofed  over  and
      equipped with sprinklers throughout. Such extension shall be open to the
      outer  air  on  at least two sides and in no event shall more than fifty
      percent of its vertical surface area be enclosed in any manner. Any such
      extension shall not be deemed to be a storage space  within  a  multiple
      dwelling. Any enclosed sub-surface space beneath such an extension shall
      however,  comply  with  all the provisions of this section applicable to
      storage space within a multiple dwelling. Any portion of such  extension
      of  storage  space  or of a separate structure for such storage purposes
      appurtenant to a multiple dwelling which  face  any  dwelling  within  a
      distance  of twenty feet therefrom or which is within thirty feet of any
      living room window of any dwelling shall be unpierced  except  for  door
      openings  for  vehicles.  A separate structure for such storage purposes
      appurtenant to a multiple dwelling may  adjoin  such  dwelling  provided
      that  the  part  of  the wall separating such space from the dwelling is
      fireproof and unpierced, except by a fireproof vestibule as provided  in
      subdivision  d. Such extension or separate structure shall be adequately
      screened at grade level. That part of the roof of  an  extension  within
      thirty  feet of any living room window of any dwelling shall not be used
      for parking or storage of motor  vehicles  or  the  ingress  thereto  or
      egress therefrom by motor vehicles.
        f.  Any  such  structure  one  story  in  height or any extension of a
      storage space within a multiple dwelling beyond  the  exterior  wall  of
      such  dwelling where such extension is one story in height, shall not be
      deemed an encroachment upon a yard or its equivalent  or  a  court.  Any
      such  structure or extension in excess of such height shall be deemed an
      encroachment thereupon.
        g. In a completely enclosed  storage  structure  or  a  storage  space
      within a multiple dwelling except for vehicle entrance doors, all doors,
      windows  and their assemblies in the exterior walls of any such space or
      structure accommodating more than five motor vehicles shall be fireproof
      and such windows shall be either fixed windows or automatic fire windows
      and glazed with wire glass. Any door or vehicle entrance to  such  space
      or  structure  accommodating  more  than five motor vehicles shall be at
      least twenty feet distant from any door giving access  to  any  required
    
      entrance  hall  from outside of the dwelling and shall be at least eight
      feet distant from any other entrance or exit of such dwelling.  However,
      in such space the windows in an exterior wall which faces the street may
      be  of  incombustible  material and be glazed with plain glass, provided
      that such windows are thirty feet or  more,  measured  in  a  horizontal
      direction, from any opening in the exterior wall of the dwelling.
        h.  Notwithstanding  any  other  provision  of  this section when such
      storage space  or  structure  is  designed  and  constructed  within  or
      appurtenant  to  a converted dwelling to accommodate not more than three
      motor vehicles, (1) the ceiling  and  the  enclosing  walls  may  be  of
      materials  having  a fire-resistive rating of not less than one hour and
      the floors shall be fireproof; (2) only one opening shall  be  permitted
      in  the enclosure partition between the garage and the dwelling and such
      opening shall be protected by a fireproof door  and  assembly  with  the
      door  self-closing;  (3)  a sprinkler system for such space shall not be
      required; and (4) in lieu of mechanical ventilation, such space may have
      fixed ventilation of not less than one  hundred  and  forty-four  square
      inches for each motor vehicle.
        3.  The  agency of a city authorized by law to make rules supplemental
      to laws regulating construction, maintenance, use and area of  buildings
      and  to grant variances of the zoning resolution shall have the power to
      make rules to supplement the requirements of  this  section  and,  after
      public  hearing,  may  grant  variances of local laws, resolutions, code
      provisions or regulations which are more restrictive than the provisions
      of this section, subject to such conditions as, in the opinion  of  such
      agency,  will  best promote health, safety and welfare and carry out the
      permissive intent of this section.  All  owners  of  property  within  a
      radius  of one hundred fifty feet of the entrance or entrance passage to
      such space or structure shall  be  duly  notified  of  any  such  public
      hearing  and shall be given due opportunity to be heard thereon. Nothing
      in this section shall be deemed to prohibit the use of a  part  of  such
      lot  or plot as a parking area for the exclusive use of the occupants of
      such dwelling.
        4. No parking area or space to  be  used  for  the  storage  of  motor
      vehicles  upon  the  premises of a multiple dwelling shall encroach upon
      any part of the lot or plot which is required by any provision  of  this
      chapter to be left open and unoccupied.
        5.  None  of  the  provisions  of  this  section shall be construed as
      permitting such space or structure or  part  thereof  to  be  rented  or
      leased for the storage or warehousing of passenger or commercial type of
      motor  vehicles,  which  are  part  of  stock  of  any  person,  firm or
      corporation engaged in the  purchase,  sale  or  rental  of  such  motor
      vehicles.