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What is NYC ZR § 84-141?

Quick Answer

This section outlines the regulations for accessory off-street parking spaces, primarily for residential uses. It specifies ownership requirements, construction standards, and location criteria, including restrictions on visibility and exhaust vent placements. The City Planning Commission has the authority to authorize parking spaces beyond zoning lot lines under certain conditions. Applies to building owners providing residential parking facilities.

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

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§ 84-141 Accessory off-street parking spaces

ZR § 84-141

Except as provided in Section 84-142 (Accessory off-street parking spaces for buildings containing hotel uses), accessory off-street parking spaces may be provided only for residential uses subject to the provisions of this Section. The ownership requirement for accessory off-street parking is satisfied by an interest commensurate with the interest of the principal use. Such accessory parking spaces shall be completely enclosed. No portion of any accessory parking facility may be constructed at a height of more than 23 feet above curb level. Except as otherwise provided in this Section, no accessory off-site parking shall be permitted.

Accessory parking facilities shall be constructed so that no exhaust vents open onto any street or park or onto the Esplanade and so that no portion of the facility, other than entrances and exits, is visible from adjoining zoning lots, streets or parks or the Esplanade.

The City Planning Commission may, upon application, authorize permitted accessory off-street parking spaces to be located anywhere within Zone A without regard for zoning lot lines, provided that the Commission shall find that:

the accessory off-street parking spaces and required curb cuts are located within subzones A-1, A-2 or A-3 for zoning lots within subzones A-1, A-2 or A-3, or within subzones A-5 or A-6 for zoning lots in subzones A-5 or A-6, as indicated in Appendices 2 and 3; parking setbacks in Appendices 2.5 and 3.4; and curb cut locations in Appendices 2.6 and 3.5;

such accessory off-street parking spaces will be conveniently located in relation to the buildings containing residences to which such off-street spaces are accessory, and provided that all such spaces shall not be further than 600 feet from the nearest boundary of the zoning lot occupied by the residences to which they are accessory ;

such location of accessory off-street parking spaces will permit better site planning;

such accessory off-street parking facility shall contain parking spaces accessory to residential uses only; and

such parking facility complies with the findings in paragraphs (b)(1), (b)(2), (b)(3) and (b)(5) of Section 13-45 (Special Permits for Additional Parking Spaces).

Whenever off-street parking spaces are authorized to be located without regard to zoning lot lines in accordance with the provisions of this Section, the number of spaces generated by each building shall be recorded in that building's certificate of occupancy (temporary and permanent). In addition, any certificate of occupancy for the accessory off-street parking facility shall state the number of parking spaces authorized to be relocated from each zoning lot.

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