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What is NYC ZR § 73-451?

Quick Answer

This section allows the Board of Standards and Appeals to permit off-site parking spaces for residences or non-profit hospital staff dwellings in certain districts, under specific conditions related to physical lot characteristics and availability of suitable sites. Applies to residential property owners seeking parking solutions.

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

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§ 73-451 For residences

ZR § 73-451

The Board of Standards and Appeals may permit off-site spaces accessory to residences or to non-profit hospital staff dwellings to be located in any district except an R1 or R2 District, or at a greater distance from the zoning lot than the maximum distance specified in the applicable district regulations, provided that the following special findings are made:

(a)that the required accessory on-street parking spaces cannot reasonably be provided on the zoning lot because of physical conditions including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions;

(b)that within the maximum permitted radius for off-site parking or within a district other than a Residence District, there is substantial difficulty in obtaining a site of sufficient size to accommodate the required accessory off-street parking spaces because such sites are occupied by substantial improvements;

(c)that where such spaces are located at a greater distance from the zoning lot than the maximum distance permitted by the district regulations, such distance is not greater than as shown in the following table for the specified districts; and

Maximum Distance (in feet)

Districts

1,200

R3 R4 R5 R6 R7-1 R7B

C1-1 C1-2 C1-3 C2-1 C2-2 C2-3 C3 C4-1 C4-2 C4-3

1,500

R7-2 R7-3 R7A R7X R8 R9 R10

C1-4 C1-5 C1-6 C1-7 C1-8 C1-9 C2-4 C2-5 C2-6 C2-7 C2-8

C4-4 C4-5 C4-6 C4-7 C5 C6

(d)that where such off-site spaces are located in a Residence District, they are so located as not to impair the essential character or the future use or development of the nearby residential neighborhood.

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