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What is NYC ZR § 93-822?

Quick Answer

This section allows for the provision of additional off-street parking spaces when a reservoir deficit exists, with specific provisions for Use Group V hotels and Office Use Group VII. The Department of Buildings must certify the existence of a reservoir deficit before issuing permits for these additional spaces. Applies to building owners seeking to add parking in response to reservoir deficits.

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

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§ 93-822 Permitted parking when a reservoir deficit exists

ZR § 93-822

When a reservoir deficit exists, additional off-street parking spaces may be provided in accordance with the provisions of this Section. However, this Section shall not apply in the Eastern Rail Yard Subarea A1.

(a)The number of permitted accessory off-street parking spaces for Use Group V hotels may exceed 0.16 for every 1,000 square feet of floor area, up to the number permitted by the applicable provisions of Section 13-12 (Permitted Parking for Non-residential Uses).

(b)The number of permitted accessory off-street parking spaces for uses included under Offices in Use Group VII may be increased by up to 33 percent of the number permitted pursuant to Section 93-821, paragraph (b).

(c)The Department of Buildings shall not issue a building permit for any additional accessory off-street parking spaces permitted pursuant to this Section unless the Chairperson has certified that:

(1)a reservoir deficit exists;

(2)the number of accessory off-street parking spaces in excess of the number permitted by Section 93-821, proposed to be added by the development or enlargement for which certification is sought, does not exceed such reservoir deficit; and

(3)such additional accessory off-street parking spaces, when added to the sum of the parking spaces specified in paragraphs (e)(2)(i), (e)(2)(ii) and (e)(2)(iii) of Section 93-821 does not exceed 5,905 spaces, except insofar as the limit of 5,905 spaces set forth in paragraph (e)(2) has been adjusted pursuant to the provisions of paragraph (e)(3) of Section 93-821.

(d)Any certification granted by the Chairperson pursuant to this Section shall lapse after two years if substantial construction of the new building or of the enlarged portion of an existing building, which includes the subject accessory off-street parking spaces, has not occurred. In making a certification pursuant to this Section, the Chairperson shall not consider any prior certification or any special permit that has lapsed in accordance with the provisions of this Resolution. However, for Site 6, as shown on Map 6 in Appendix A of this Chapter, any such certification shall lapse after six years if substantial construction of the new building that includes the subject accessory off-street parking spaces, has not occurred.

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