Certification for Access to Required Uses

If access to a required accessory residential parking facility or loading berth is not possible because of the requirements of Section 97-53 (Location of Access to the Street), or, for developments in Subarea A, the requirements of Section 36-683 (Restrictions on location of berths near Residence Districts), a curb cut may be allowed if the City Planning Commission certifies to the Commissioner of Buildings that such location is:

(a)        the only possible location for the facility or loading berth;

(b)        not hazardous to traffic safety;

(c)        located not less than 50 feet from the intersection of any two street lines; and

(d)        constructed and maintained so as to have a minimal effect on the streetscape.

Such curb cut, if granted, shall be no greater than 20 feet in width.

The Commissioner may refer such matter to the Department of Transportation, or its successor, for a report and may base the determination on such report.