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What is NYC ZR § 36-461?

Quick Answer

This section outlines the restrictions on the use of accessory off-street parking spaces in various zoning districts. It specifies that these spaces should primarily serve owners, occupants, and visitors, with provisions for renting unused residential spaces and allocating some for electric vehicle charging. Applies to property owners with accessory parking spaces.

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

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§ 36-461 Restrictions on the use of accessory off-street parking spaces

ZR § 36-461

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted or required accessory off-street parking spaces, open or enclosed, shall be used primarily for the owners, occupants, employees, customers, residents or visitors of the use or uses to which such spaces are accessory, except as set forth in this Section.

Any off-street parking spaces accessory to residences which are not needed by the occupants of such residences, may be rented to persons who are not occupants of such residences for the accommodation of private passenger motor vehicles used by such persons. However, in C3 Districts, such spaces shall not be rented for periods of less than one week or more than one month to persons who are not occupants of such residences.

In C1 or C2 Districts mapped within, or with a residential equivalent of, R3-2 through R12 Districts, other than R4-1, R4A, R4B and R5A Districts, and in C3 Districts, up to five spaces or 20 percent of all accessory off-street parking spaces, whichever is greater, may be allocated to publicly available electric vehicle charging facilities not otherwise permitted pursuant to Section 36-48, including accessory equipment and electric vehicle parking spaces. Accessory off-street parking spaces shall be restored when such charging facilities are removed; car sharing vehicles; or vehicles stored by automobile rental establishments.

publicly available electric vehicle charging facilities not otherwise permitted pursuant to Section 36-48, including accessory equipment and electric vehicle parking spaces. Accessory off-street parking spaces shall be restored when such charging facilities are removed;

car sharing vehicles; or

vehicles stored by automobile rental establishments.

In C4, C5, C6, C7 and C8 Districts, up to five spaces or 20 percent of all accessory off-street parking spaces, whichever is greater, may be allocated to: publicly available electric vehicle charging facilities not otherwise permitted pursuant to Section 36-48, including accessory equipment and electric vehicle parking spaces. Accessory off-street parking spaces shall be restored when such charging facilities are removed; car sharing vehicles; vehicles stored by automobile rental establishments; or commercial or public utility vehicle parking for motor vehicles not exceeding a length of 20 feet.

car sharing vehicles;

vehicles stored by automobile rental establishments; or

commercial or public utility vehicle parking for motor vehicles not exceeding a length of 20 feet.

Any spaces accessory to residences shall be made available to the occupants of the residences to which they are accessory# within 30 days after written request is made to the landlord.

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