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What is NYC ZR § 93-823?

Quick Answer

This section allows the City Planning Commission to issue special permits for additional accessory off-street parking spaces under certain conditions, such as insufficient nearby parking and minimal traffic impact. The statute is relevant to developers seeking to exceed standard parking limits in specific scenarios.

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

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§ 93-823 Parking permitted by special permit

ZR § 93-823

When a reservoir deficit exists, the City Planning Commission may allow, by special permit, uses included under Offices in Use Group VII to exceed the number of accessory off-street parking spaces permitted by Section 93-822, provided that:

within the vicinity of the site, there are insufficient parking spaces available;

the facility will not create or contribute to serious traffic congestion nor unduly inhibit vehicular and pedestrian movement;

the facility is so located as to draw a minimum of vehicular traffic to and through local residential streets; and

adequate reservoir space is provided at the vehicular entrance to accommodate vehicles equivalent in number to 20 percent of the total number of parking spaces, up to 50 parking spaces, and five percent of any spaces in excess of 200 parking spaces, but in no event shall such reservoir spaces be required for more than 50 vehicles. However, in the case of a facility with a capacity of 10 vehicles or less, the Commission may waive this condition.

In addition, the Commission shall find that 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 that is the subject of the application under review, does not exceed the reservoir deficit; and that 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 do 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. In making such finding, the Commission shall not consider any prior certification or any special permit that has lapsed in accordance with the provisions of this Resolution.

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