§ 60 — Motor vehicle storage

§ 60. Motor vehicle storage. A space may be provided and maintained in\nany multiple dwelling or upon the premises thereof, or a structure may\nbe erected and maintained at the rear or side thereof, for the storage\nof passenger motor vehicles but only with a written permit therefor when\nrequired by local law and in accordance with every applicable local law,\nordinance, resolution, code provision or regulation and with the\nfollowing provisions:\n 1. a. It shall be unlawful to sell, store, handle or furnish gasoline,\noil or other fuel, or any article, accessory or service except storage,\nor to construct or maintain repair or grease pits in any such space or\nstructure. The provisions of this section shall not prevent the keeping\nof such gasoline, oil or other fuel as may be contained in the tank of\nany such motor vehicle, and the cleaning or washing of such motor\nvehicles.\n b. Such space or structure shall be used solely for the storage of\npassenger motor vehicles of the occupants of the multiple dwelling or of\nmultiple dwellings under common ownership, except that, in the event\nsuch space or structure or part thereof is not used by such occupants,\nit may be rented by the owner or owners of such dwelling or dwellings to\npersons other than the occupants thereof. The space which has thus been\nrented shall be made available to an occupant within thirty days after\nwritten request therefor. Except as otherwise provided in paragraph d\nherein transient parking for any period of less than one month by\nnon-occupants is unlawful. However, such space may be used also for the\nstorage of any type of mechanical or motor-driven equipment or other\naccessory device or passenger bus required for the proper maintenance of\nthe site and of the dwellings thereon.\n c. If any of the provisions contained in paragraphs a and b of this\nsubdivision is violated, the department charged with the enforcement of\nthis chapter or the fire department shall order and direct that no motor\nvehicle may be stored or kept in such space or structure thereafter for\nsuch period as either department shall determine, and thereupon the\npermit shall be suspended and no motor vehicle shall be stored or kept\nin such space or structure for such period.\n d. A city may, by local law or ordinance, or the duly constituted\nplanning or appeal board or commission of a city may by granting an\napproval, exception or variance, authorize transient parking for any\nperiod of less than one month of motor vehicles in dwellings by\nnon-occupants in any space that is not let to an occupant pursuant to\nthe other provisions of this section. Such city may require a license\nand impose a fee therefor, and adopt supplementary rules, regulations\nand conditions under which such parking shall be permitted.\n 2. a. Every such space or structure shall be designed and constructed\nto accommodate not more than two passenger motor vehicles for each\nfamily in such multiple dwelling.\n b. Such space or structure shall have a floor area within its\nenclosing walls not greater than three hundred square feet per vehicle\nfor each such family, including car parking spaces and aisles.\n c. Every such storage space or structure shall be fireproof\nthroughout, except that any extension of such storage space or structure\nbeyond the exterior walls of a fireproof dwelling not exceeding one\nstory in height and any separate structure on the same lot as a\nfireproof dwelling may be of uncombustible material with a\nfire-resistive rating of at least two hours, if such extension or\nseparate structure complies with the provisions of paragraph e of this\nsubdivision.\n d. When constructed within a multiple dwelling such storage space\nshall be equipped with a sprinkler system and also with a system of\nmechanical ventilation in no way connected with any other ventilating\nsystem. Such storage space shall have no opening into any other part of\nthe dwelling except through a fireproof vestibule. Any such vestibule\nshall have a minimum superficial floor area of fifty square feet and its\nmaximum area shall not exceed seventy-five square feet. It shall be\nenclosed with incombustible partitions having a fire-resistive rating of\nthree hours. The floor and ceiling of such vestibule shall also be of\nincombustible material having a fire-resistive rating of at least three\nhours. There shall be two doors to provide access from the dwelling to\nthe car storage space. Each such door shall have a fire-resistive rating\nof one and one-half hours and shall be provided with a device to prevent\nthe opening of one door until the other door is entirely closed. One of\nthese doors shall swing into the vestibule from the dwelling and the\nother shall swing from the vestibule into the car storage space. The\ndoor from the vestibule to the dwelling shall be at least twenty feet\ndistant in a non-fireproof dwelling or twelve feet in a fireproof\ndwelling from any stair enclosure, elevator shaft, or any opening to any\nother vertical shaft. Such vestibule shall also be equipped with\nsprinklers and with an exhaust duct having a minimum cross-sectional\narea of one hundred forty-four square inches and shall not be connected\nwith any other ventilating system.\n e. Such storage space may be extended beyond the exterior walls of a\nfireproof dwelling without any separating walls between its interior and\nexterior portion provided that such extension is roofed over and\nequipped with sprinklers throughout. Such extension shall be open to the\nouter air on at least two sides and in no event shall more than fifty\npercent of its vertical surface area be enclosed in any manner. Any such\nextension shall not be deemed to be a storage space within a multiple\ndwelling. Any enclosed sub-surface space beneath such an extension shall\nhowever, comply with all the provisions of this section applicable to\nstorage space within a multiple dwelling. Any portion of such extension\nof storage space or of a separate structure for such storage purposes\nappurtenant to a multiple dwelling which face any dwelling within a\ndistance of twenty feet therefrom or which is within thirty feet of any\nliving room window of any dwelling shall be unpierced except for door\nopenings for vehicles. A separate structure for such storage purposes\nappurtenant to a multiple dwelling may adjoin such dwelling provided\nthat the part of the wall separating such space from the dwelling is\nfireproof and unpierced, except by a fireproof vestibule as provided in\nsubdivision d. Such extension or separate structure shall be adequately\nscreened at grade level. That part of the roof of an extension within\nthirty feet of any living room window of any dwelling shall not be used\nfor parking or storage of motor vehicles or the ingress thereto or\negress therefrom by motor vehicles.\n f. Any such structure one story in height or any extension of a\nstorage space within a multiple dwelling beyond the exterior wall of\nsuch dwelling where such extension is one story in height, shall not be\ndeemed an encroachment upon a yard or its equivalent or a court. Any\nsuch structure or extension in excess of such height shall be deemed an\nencroachment thereupon.\n g. In a completely enclosed storage structure or a storage space\nwithin a multiple dwelling except for vehicle entrance doors, all doors,\nwindows and their assemblies in the exterior walls of any such space or\nstructure accommodating more than five motor vehicles shall be fireproof\nand such windows shall be either fixed windows or automatic fire windows\nand glazed with wire glass. Any door or vehicle entrance to such space\nor structure accommodating more than five motor vehicles shall be at\nleast twenty feet distant from any door giving access to any required\nentrance hall from outside of the dwelling and shall be at least eight\nfeet distant from any other entrance or exit of such dwelling. However,\nin such space the windows in an exterior wall which faces the street may\nbe of incombustible material and be glazed with plain glass, provided\nthat such windows are thirty feet or more, measured in a horizontal\ndirection, from any opening in the exterior wall of the dwelling.\n h. Notwithstanding any other provision of this section when such\nstorage space or structure is designed and constructed within or\nappurtenant to a converted dwelling to accommodate not more than three\nmotor vehicles, (1) the ceiling and the enclosing walls may be of\nmaterials having a fire-resistive rating of not less than one hour and\nthe floors shall be fireproof; (2) only one opening shall be permitted\nin the enclosure partition between the garage and the dwelling and such\nopening shall be protected by a fireproof door and assembly with the\ndoor self-closing; (3) a sprinkler system for such space shall not be\nrequired; and (4) in lieu of mechanical ventilation, such space may have\nfixed ventilation of not less than one hundred and forty-four square\ninches for each motor vehicle.\n 3. The agency of a city authorized by law to make rules supplemental\nto laws regulating construction, maintenance, use and area of buildings\nand to grant variances of the zoning resolution shall have the power to\nmake rules to supplement the requirements of this section and, after\npublic hearing, may grant variances of local laws, resolutions, code\nprovisions or regulations which are more restrictive than the provisions\nof this section, subject to such conditions as, in the opinion of such\nagency, will best promote health, safety and welfare and carry out the\npermissive intent of this section. All owners of property within a\nradius of one hundred fifty feet of the entrance or entrance passage to\nsuch space or structure shall be duly notified of any such public\nhearing and shall be given due opportunity to be heard thereon. Nothing\nin this section shall be deemed to prohibit the use of a part of such\nlot or plot as a parking area for the exclusive use of the occupants of\nsuch dwelling.\n 4. No parking area or space to be used for the storage of motor\nvehicles upon the premises of a multiple dwelling shall encroach upon\nany part of the lot or plot which is required by any provision of this\nchapter to be left open and unoccupied.\n 5. None of the provisions of this section shall be construed as\npermitting such space or structure or part thereof to be rented or\nleased for the storage or warehousing of passenger or commercial type of\nmotor vehicles, which are part of stock of any person, firm or\ncorporation engaged in the purchase, sale or rental of such motor\nvehicles.\n