§ 8-04 Certification for Permitted Parking Spaces.
(a) Filing Date. Review of applications for certification for permitted parking spaces shall be made, in accordance with the provisions of ZR § 93-82, in the order of application filing date and time, except as provided in paragraph (b) hereof. If, pursuant to ZR § 93-82, fewer permitted parking spaces are available than the number of spaces requested in an application, the Chairperson shall only grant a certification for the number of spaces as are available at the time, and shall issue subsequent certifications for such application at such time as additional spaces become available in accordance with ZR § 93-82. Except as provided in paragraph (b) below, certification of parking spaces shall not be made with respect to an application with a later filing date and time until the entire number of parking spaces requested in an application with an earlier filing date and time has been certified.
(b) Applicant Reduces Existing Spaces On Site. Notwithstanding the provisions of paragraph (a), if an applicant intends to eliminate existing parking spaces at the site that is the subject of the application, a certification for permitted parking spaces may be granted to the extent that elimination of existing parking spaces allows such determination to be made pursuant to ZR § 93-821 (e)(1) and (2), provided: (i) that such existing parking spaces shall be eliminated prior to issuance of the certification. The elimination of such existing parking spaces shall be evidenced by: (aa) an acknowledgement from the New York City Department of Consumer Affairs that license(s) issued by such agency for the operation of public parking at the site have been surrendered or, if such license(s) are pending renewal at the time, that the licensee has stated to the New York City Department of Consumer Affairs in writing that the license(s) will not be renewed; or (bb) if the licensee is no longer in control of the premises, in the form of an affidavit from the owner or applicant attesting to the fact that the licensee is not in control of the premises and is not authorized to operate at the premises; and (ii) a restrictive declaration executed by all parties-in-interest, as such term is defined in ZR § 12-10, providing that any resumption of use of the eliminated spaces prior to or during construction shall be prohibited, has been recorded in the office of the City Register. If the number of parking spaces requested in the application exceeds the number of permitted spaces available by reason of the elimination of existing spaces, any subsequent certifications with respect to additional spaces shall be made in accordance with the provisions of paragraph (a) above.
