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What is NYC ZR § 25-231?

Quick Answer

This section outlines the requirements for accessory off-street parking spaces for dwelling and rooming units in specific districts. It specifies conditions under which parking spaces can be removed and defines the term 'created' in relation to occupancy certificates. Applies to building owners developing or enlarging residential units.

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

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§ 25-231 General provisions

ZR § 25-231

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In the districts indicated, beyond the Greater Transit Zone, accessory off-street parking spaces shall be required for dwelling units created as part of a development or enlargement December 5, 2024, in accordance with the provisions of Section 25-232. No accessory off-street parking spaces shall be required for rooming units created as part of a development or enlargement after March 22, 2016.

For dwelling units created pursuant to the zoning regulations in effect after July 20, 1950, and prior to December 5, 2024, off-street parking spaces accessory to such dwelling units cannot be removed if such spaces were required by such zoning regulations at the time such dwelling units were created. However, such spaces can be removed if:

such spaces would not be required pursuant to the applicable zoning regulations currently in effect, as well as those in effect prior to December 5, 2024; or

such spaces would not be required pursuant to an amendment to the applicable zoning regulations effectuated after December 5, 2024.

For rooming units created pursuant to the zoning regulations in effect after July 20, 1950, and prior to March 22, 2016, the applicable zoning regulations in effect prior to March 22, 2016 shall continue to apply. For the purposes of applying such provisions to rooming units, three rooming units shall be considered the equivalent of one dwelling unit.

The number of parking spaces required pursuant to Section 25-23, inclusive, may only be reduced or eliminated pursuant to the provisions of Section 73-433 (Reduction of existing parking spaces for qualifying senior housing) or Section 74-52 (Special Permit to Remove Required Parking).

For the purposes of this Section, the term “created” shall mean that, for the applicable dwelling unit or rooming unit, a temporary certificate of occupancy has been issued or, where no temporary certificate of occupancy has been issued, a final certificate of occupancy has been issued.

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