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What is NYC ZR § 36-45?

Quick Answer

This section outlines additional regulations for required off-site accessory parking spaces in various districts. It mandates that these spaces must be under the same ownership as the associated use and be subject to deed restrictions ensuring their availability. Applies to property owners providing off-site parking for their developments.

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

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§ 36-45 Additional Regulations for Required Spaces When Provided Off Site

ZR § 36-45

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In all districts, as indicated, when required accessory off- street parking spaces are provided off the site in accordance with the provisions of Sections 36-42 (Off-site Spaces for Residences), 36-43 (Off-site Spaces for Commercial or Community Facility Uses) or 36-44 (Joint and Shared Facilities), the following additional regulations shall apply:

(a)such spaces shall be in the same ownership (single fee ownership or alternative ownership arrangements of the zoning lot definition in Section 12-10) as the use to which they are accessory, and shall be subject to deed restrictions filed in an office of record, binding the owner and his heirs and assigns to maintain the required number of spaces available throughout the life of such use; and

(b)such spaces shall conform to all applicable regulations of the district in which they are located.

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