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What is NYC ZR § 78-41?

Quick Answer

This section allows the City Planning Commission to authorize the location of accessory off-street parking or bicycle parking spaces within large-scale residential developments without regard for zoning lot lines. The statute outlines specific findings that must be made to ensure the spaces are conveniently located and do not adversely affect surrounding traffic. Applies to developers of large-scale residential projects.

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

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§ 78-41 Location of Accessory Parking Spaces

ZR § 78-41

When a large-scale residential development includes, or will include after subdivision, two or more zoning lots, the City Planning Commission may, upon application, authorize permitted or required accessory off-street parking spaces or bicycle parking spaces to be located anywhere within the large-scale residential development without regard for zoning lot lines, provided that in each case the Commission shall make the following special findings:

(a)that such off-street parking spaces or bicycle parking spaces will be conveniently located in relation to the use or uses to which such spaces are accessory;

(b)that such location of the off-street parking spaces or bicycle parking spaces will permit better site planning and will thus benefit both the owners, occupants, employees, customers, residents or visitors of the large-scale residential development and the City as a whole; and

(c)that such location of the off-street parking spaces or bicycle parking spaces will not increase the number of spaces in any single block or the traffic drawn through any one or more of the nearby local streets in such measure as to affect adversely other zoning lots outside the large-scale residential development or traffic conditions in the surrounding area.

Whenever required off-street parking spaces or bicycle parking spaces are authorized to be located without regard for zoning lot lines in accordance with the provisions of this Section, the number of spaces required for each building or use shall be kept available for such building or use throughout its life. Whenever any zoning lot within such a large-scale residential development is subdivided into two or more zoning lots, such subdivision shall be subject to the provisions of Section 78-51 (General Provisions).

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