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What is NYC ZR § 73-452?

Quick Answer

This section allows the Board of Standards and Appeals to permit off-site parking spaces for community facilities in certain Residence Districts, provided specific findings are met. The statute applies to community facility uses other than non-profit hospital staff dwellings and affects building owners in R1, R2, R3, and R4 Districts.

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

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§ 73-452 For community facilities in Residence Districts

ZR § 73-452

The Board of Standards and Appeals may permit off-street parking spaces accessory to a community facility use other than a non-profit hospital staff dwelling, which use is located in an R1, R2, R3 or R4 District, to be provided off-site and located in any district, or may permit off-street parking spaces accessory to a community facility use other than a non-profit hospital staff dwelling, which use is located in any other Residence District, to be provided off-site and located in an R1, R2, R3 or R4 District or located in any other Residence District at a greater distance from the zoning lot than the maximum distance specified in Section 25-53 (Off-site Spaces for Permitted Non-residential Uses), provided that in such instances, all such spaces shall be not further than 600 feet from the nearest boundary of the zoning lot containing such use, and provided further that the following special findings are made:

(a)that where such spaces are located in an R1 or R2 District, the community facility use to which they are accessory is a use permitted as-of-right in such district;

(b)that there is no way to arrange such spaces on the same zoning lot as such use;

(c)that such spaces are so located as to draw a minimum of vehicular traffic to and through streets having predominantly residential frontage; and

(d)either that such spaces are located on an adjoining zoning lot or a zoning lot directly across the street from such use or, if such spaces are not so located, that there is substantial difficulty in obtaining a site of sufficient size to accommodate the required accessory off-street parking spaces on an adjoining zoning lot or a zoning lot directly across the street from such use or in a location where such off-site spaces would be permitted as-of-right, because such sites are occupied by substantial improvements.

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