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What is NYC ZR § 64-411?

Quick Answer

This section outlines regulations for relocating accessory off-street parking spaces in residential buildings with below-grade parking that has been filled in. It specifies conditions under which parking spaces can be relocated and the requirements for their dimensions. Applies to residential building owners in specified zoning districts.

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

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§ 64-411 For residential buildings with below-grade parking

ZR § 64-411

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In the districts indicated, other than R4B and R5B Districts, where existing below-grade off-street parking facilities within residential buildings are eliminated and, in compliance with flood-resistant construction standards, are filled in, accessory off-street parking spaces may be relocated from such garages to the side or rear of such buildings, or to the front yard driveway that accessed the former garage, or to a shared driveway along a common side lot line, and such relocated parking spaces need not comply with the underlying parking location, curb cut spacing or permitted obstruction regulations that limit parking, provided that:

no more than two parking spaces may be located in tandem (one behind the other);

each relocated parking space shall have a dimension that conforms with the minimums set forth in Section 25-62 (Size and Location of Spaces); and

where eliminated garages were accessed by a driveway less than 18 feet long, such driveway and curb cut shall be eliminated, and the former driveway planted to the extent necessary to comply, or increase compliance, with the provisions of Section 23-613 (Front yard planting requirements) as if the building on the zoning lot was constructed after April 30, 2008.

Notwithstanding the modifications above, no modification to the maximum number of curb cuts on a zoning lot or the minimum or maximum width of a curb cut, shall be permitted.

In the event that there is no way to arrange relocated required parking spaces on the zoning lot in compliance with the provisions of this Section, given that buildings existing on May 12, 2021, will remain, the Commissioner of Buildings may waive the requirement for such spaces.

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