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What is NYC ZR § 73-433?

Quick Answer

This section allows the Board of Standards and Appeals to permit a reduction in the required number of off-street parking spaces for qualifying senior housing built before March 22, 2016, under specific conditions. Applies to building owners of senior housing developments seeking to modify parking requirements.

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

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§ 73-433 Reduction of existing parking spaces for qualifying senior housing

ZR § 73-433

For zoning lots outside the boundaries shown in Appendix I with buildings containing qualifying senior housing in receipt of a certificate of occupancy prior to March 22, 2016, the Board of Standards and Appeals may permit a reduction in the number of accessory off-street parking spaces required for such affordable independent residences for seniors prior to March 22, 2016, provided that the Board finds that:

such reduction will facilitate an improved site plan;

any new dwelling units created on the portion of the zoning lot previously occupied by such parking spaces will be income-restricted housing units;

such reduction will not cause traffic congestion; and

such reduction will not have undue adverse effects on residents, businesses or community facilities in the surrounding area, as applicable, including the availability of parking spaces for such uses.

Any permitted reduction shall be in compliance with the parking requirement for qualifying senior housing developed after March 22, 2016, as set forth in Section 25-20 (REQUIRED ACCESSORY OFF-STREET PARKING SPACES FOR RESIDENCES), as applicable.

Factors to be considered by the Board may include, without limitation, the use of the existing parking spaces by residents of the zoning lot, the availability of parking in the surrounding area and the proximity to public transportation. The Board may impose appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

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