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What is NYC ZR § 73-44?

Quick Answer

This section allows the Board of Standards and Appeals to permit a reduction in required off-street parking spaces for uses in parking requirement category A3, based on evidence of good faith occupancy. The statute specifies conditions under which a certificate of occupancy may be issued and applies to building owners in designated districts.

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

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§ 73-44 Reduction of Parking Spaces for Uses in Parking Requirement Category A3

ZR § 73-44

In the districts indicated, the Board of Standards and Appeals may permit a reduction in the number of accessory off-street parking spaces required by the provisions of Section 36-21 or 44-21 (General Provisions) for uses in parking requirement category A3 to the applicable number of spaces specified in the table set forth at the end of this Section, provided that the Board finds that occupancy by uses in parking category A3 is contemplated in good faith on the basis of evidence submitted by the applicant. In such a case the Board shall require that the certificate of occupancy issued for the building within which such use is located shall state that no certificate shall thereafter be issued if the use is changed to a use listed in parking category A2 unless additional accessory off-street parking spaces sufficient to meet such requirements are provided on the site or within the permitted off-site radius.

REDUCED ACCESSORY OFF-STREET PARKING SPACES REQUIRED FOR USES IN PARKING REQUIREMENT CATEGORY A3

Parking Spaces Required per Number of Square Feet of Floor Area *

Districts

1 per 400

C1-1 C2-1 C3 C4-1

1 per 600

C1-2 C2-2 C4-2 C8-1

M1-1 M1-2 M1-3

M2-1 M2-2 M3-1

M1, M2, M3 Districts with an A suffix outside the Greater Transit Zone

1 per 800

C1-3 C2-3 C4-3

C7 outside the Greater Transit Zone

C8-2

For ambulatory diagnostic or treatment facilities listed in Use Group III(B), parking spaces required per number of square feet of floor area or cellar space, except cellar space used for storage

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