In all districts, the regulations of this Chapter applicable to community facility uses shall not apply to non-profit hospital staff dwellings. In lieu thereof, the regulations applicable to residences shall apply, as follows:  

(a)        the regulations of an R5 District shall apply to non-profit hospital staff dwellings located in R1, R2 and R3 Districts;

(b)        the regulations of an R6 District shall apply to non-profit hospital staff dwellings located in R4 and R5 Districts; and

(c)        the regulations of an R10 District shall apply to non-profit hospital staff dwellings located in R6 through R10 Districts.  

Off-street parking in predominantly built-up areas shall be provided as set forth in Section 25-23.

Special regulations governing accessory off-street parking and loading in the Manhattan Core are set forth in Article I, Chapter 3, and special regulations governing accessory off-street parking in the Long Island City area, as defined in Section 16-02 (Definitions), are set forth in Article I, Chapter 6.

On any zoning lot containing residences in R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9X, R10A or R10X Districts or their commercial equivalents, and on any zoning lot in other districts containing a Quality Housing building, all accessory off-street parking spaces shall comply with the provisions of Section 28-40 (PARKING FOR QUALITY HOUSING).

R7-3 Districts shall be governed by the accessory off-street parking regulations of an R7-2 District.

In Community District 14 in the Borough of Queens, R6 and R7 Districts shall be subject to the accessory off-street parking regulations of an R5 District, except that such requirement shall not apply to any development located within an urban renewal area established prior to August 14, 2008, or to income-restricted housing units as defined in Section 12-10 (DEFINITIONS).

For the purposes of this Section, the floor area of a building shall not include floor space used for accessory off-street parking spaces provided on any story located below 33 feet above the base plane.

(a)        In lower density growth management areas other than R6 and R7 Districts in Community District 10, Borough of the Bronx, all zoning lots containing buildings with the following uses shall be subject to the provisions of paragraph (b) of this Section:

(1)        ambulatory diagnostic or treatment health care facilities listed under Use Group III(B), except where such zoning lot contains buildings used for hospitals, as defined in the New York State Hospital Code, or long-term care facilities; or

(2)        child care services as listed under the definition of school in Section 12-10 (DEFINITIONS), except where such zoning lot contains buildings used for houses of worship or, for zoning lots that do not contain buildings used for houses of worship, where the amount of floor area used for child care services is equal to 25 percent or less of the amount of floor area permitted for community facility use on the zoning lot.

(b)        All zoning lots that meet the conditions of paragraph (a) of this Section shall comply with the provisions of Section 25-624 (Special parking regulations for certain community facility uses in lower density growth management areas) in lieu of the following provisions:

(1)        the parking location provisions of Sections 25-622 (Location of parking spaces in lower density growth management areas) and 25-623 (Maneuverability standards);

(2)        the driveway and curb cut provisions of Sections 25-632 (Driveway and curb cut regulations in lower density growth management areas) and 25-634 (Curb cut regulations for community facilities);

(3)        the open space provisions of Section 25-64 (Restrictions on Use of Open Space for Parking); and

(4)        the screening provisions of Section 25-66 (Screening).

In addition, where the uses listed in paragraphs (a)(1) and (a)(2) of this Section result from a change of use, the provisions of Section 25-31 (General Provisions) shall be modified to require accessory off-street parking spaces for such uses. However, the requirements of Sections 25-31 and 25-624 may be modified for zoning lots containing buildings with such changes of use where the Chairperson of the City Planning Commission certifies to the Commissioner of Buildings that such modifications are necessary due to the location of existing buildings on the zoning lot, and such requirements have been complied with to the maximum extent feasible.

Special regulations applying in the flood zone are set forth in Article VI, Chapter 4.

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the Board of Standards and Appeals may permit group parking facilities accessory to hospitals, with more than 150 spaces, in accordance with the provisions of Section 73-47 (Exceptions to Maximum Size of Accessory Group Parking Facilities).

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the City Planning Commission may permit group parking facilities accessory to uses in large-scale residential developments with more than the prescribed maximum of Section 25-12 (Maximum Size of Accessory Group Parking Facilities), in accordance with the provisions of Section 74-531 (Additional parking spaces or roof parking for accessory group parking facilities).

R3 R4 R5

In the districts indicated, not more than two off-street parking spaces shall be provided for each dwelling unit.

R6 R7

In the districts indicated, on a zoning lot used for residences, not more than one off-street parking space shall be provided for every 300 square feet of lot area.

R8 R9 R10

In the districts indicated, on a zoning lot used for residences, not more than one off-street parking space shall be provided for every 225 square feet of lot area.

R3 R4

(a)        In the districts indicated, except for zoning lots in R4 Districts utilizing the special optional regulations of a predominately built-up area, wherever additional dwelling units are created by conversions or enlargements of residential buildings, there shall be one off-street parking space provided on the zoning lot for each such additional dwelling unit. Such off-street parking spaces shall be in addition to any existing off-street parking spaces on the zoning lot and shall not be located in any common easement driveways or within a front yard. The provisions of Section 25-27 (Waiver of Requirements for All Zoning Lots Where Access Would Be Forbidden) shall not apply to such zoning lots. Furthermore, such additional dwelling units shall be permitted only if the zoning lot complies with the provisions of Section 25-64 (Restrictions on Use of Open Space for Parking).

R4 R5

(b)        In R5 Districts, and for zoning lots in R4 Districts utilizing the special optional regulations of a predominately built-up area, the requirements of Section 25-21 (General Provisions) shall not apply to additional dwelling units created by conversions of residential buildings on zoning lots with less than 5,000 square feet of lot area, provided such buildings were constructed prior to April 14, 2010, and not subsequently enlarged.

R1 R2 R3 R4 R5 R6 R7-1 R7A R7B R7D R7X

(c)        In the districts indicated, the requirements of Section 25-21 (General Provisions) shall not apply to dwelling units created by the change of non-residential uses to residential uses on zoning lots with less than 5,000 square feet of lot area.

R7-2 R8 R9 R10

(d)        In the districts indicated, no accessory off-street parking is required for the creation of additional dwelling units within existing buildings.

Within the Transit Zone, the City Planning Commission may permit a reduction in the parking requirements set forth in Section 25-23 in accordance with the provisions of Section 74-52 (Reduction of Parking Spaces to Facilitate Affordable Housing).

R6 R7 R8 R9 R10

In the districts indicated, for zoning lots of 10,000 or 15,000 square feet or less, the number of required accessory off-street parking spaces is as set forth in the following table:

REDUCED REQUIREMENTS FOR

SMALL ZONING LOTS

^*        Within lower density growth management areas in Community District 10, Borough of the Bronx

^**        In R8B Districts, the parking requirements may not be reduced.

R7-2 R8 R9 R10

In the districts indicated, the requirements set forth in Section 25-23 (Requirements where Group Parking Facilities Are Provided) shall be waived for zoning lots of 10,000 square feet or less, except in R8B Districts.

R3A R4-1

In the districts indicated, the requirements set forth in Section 25-22 (Requirements Where Individual Parking Facilities Are Provided) shall be waived for a single-family residence on an interior lot that has a width along a street less than 25 feet.

Regulations applicable to income-restricted housing units, except where such units are located in an affordable independent residence for seniors, are set forth in this Section.  

Within the Transit Zone no accessory off-street parking spaces shall be required for income-restricted housing units developed after March 22, 2016. Existing required or permitted accessory off-street parking spaces for buildings containing income-restricted housing units in receipt of a certificate of occupancy prior to March 22, 2016 shall continue to be subject to the applicable zoning district regulations in effect prior to March 22, 2016, except that the Board of Standards and Appeals may waive or modify such requirements in accordance with the provisions of Section 73-433 (Reduction of existing parking spaces for income-restricted housing units).

Outside the Transit Zone, accessory off-street parking spaces shall be provided for at least that percentage of the total number of income-restricted housing units as set forth in the following table.

^*        In the Borough of Brooklyn, R8B Districts are subject to the parking requirements applicable in R8 Districts.

Within the Transit Zone, no accessory off-street parking spaces shall be required for dwelling units in an affordable independent residence for seniors developed after March 22, 2016. Existing required or permitted accessory off-street parking spaces for dwelling units in affordable independent residences for seniors in receipt of a certificate of occupancy prior to March 22, 2016, shall continue to be subject to the applicable zoning district regulations in effect prior to March 22, 2016, except that such parking spaces may be removed provided that any new dwelling units created on the portion of the zoning lot previously occupied by such parking spaces shall be income-restricted housing units. Such requirement shall be reflected in a notice of restrictions recorded against all tax lots comprising such zoning lot, and a copy of such notice shall be provided to the Department of Buildings.

Outside the Transit Zone, accessory off-street parking spaces shall be provided for at least 10 percent of the total number of dwelling units in an affordable independent residence for seniors developed after March 22, 2016. However, within lower density growth management areas in Community District 10 in the Borough of the Bronx, accessory off-street parking spaces shall be provided for at least 16 percent of the total number of dwelling units in R6 Districts and for at least 12.5 percent of the total number of dwelling units in R7-1 Districts. Existing required or permitted accessory off-street parking spaces for dwelling units in affordable independent residences for seniors in receipt of a certificate of occupancy prior to March 22, 2016, shall continue to be subject to the applicable zoning district regulations in effect prior to March 22, 2016. However, the Board of Standards and Appeals may reduce such requirements in accordance with the provisions of Section 73-434 (Reduction of existing parking spaces for affordable independent residences for seniors).

R3-2 R4 R5 R6 R7 R8 R9 R10

In the districts indicated, for government-assisted dwelling units, other than income-restricted housing units, in developments for which the Department of Housing Preservation and Development or the Housing Development Corporation has issued a negotiation letter on or before August 31, 2016, acknowledging that HPD or HDC is actively engaged with a project sponsor in reviewing financial pro formas with the intention to finance the project, and which receive New York City or New York State assistance to reduce total development cost by $10,000 or 10 percent, whichever is less, and limit maximum tenant income to the income limits established by the United States Department of Housing and Urban Development for New York City mortgagors assisted under Section 235 of the National Housing Act, as amended, accessory off-street parking spaces shall be provided for at least the percentage of the total number of government-assisted dwelling units set forth in the table in this Section.

^*        In R6 or R7-1 Districts which are Quality Housing buildings, the applicable district parking requirements shall be as follows:

R4B R5B R5D R6 R7 R8 R9 R10

For developments in R4B and R5B Districts, and for developments and dwelling units within enlarged portions of buildings in R5D, R6, R7, R8 R9 and R10 Districts, the maximum number of accessory off-street parking spaces for which requirements are waived is set forth in the following table:

^*        For Quality Housing buildings with income-restricted housing units utilizing the parking reductions of Section 25-251, or for Quality Housing buildings with other government-assisted dwelling units utilizing the parking reductions of Section 25-253, the maximum number of spaces waived shall be 15.

R6 R7-1 R7A R7B R7D R7X

In the districts indicated, for the creation of additional dwelling units or rooming units within existing buildings, the maximum number of accessory off-street parking spaces for which requirements are waived is 20 spaces. However, the Board of Standards and Appeals may waive requirements for a greater number of spaces in accordance with the provisions of Section 73-46 (Waiver of Requirements for Conversions).

In lower density growth management areas, the parking requirements for child care services, as listed under the definition of school in Section 12-10 (DEFINITIONS), in R1 through R5 Districts, shall be 1 per 1,000 square feet.

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the waiver provisions of Section 25-33 (Waiver of Requirements for Spaces Below Minimum Number) shall not apply to the following types of uses:

Agricultural uses, including greenhouses, nurseries or truck gardens;

Ambulatory diagnostic or treatment health care facilities in R3, R4-1 and R4A Districts in lower density growth management areas. However, the waiver provisions shall apply where such use is located in such areas on the same zoning lot as a hospital, as defined in the New York State Hospital Code or a long-term care facility, and shall apply where such use is located in such areas on any zoning lot in an R6 or R7 District in Community District 10, Borough of the Bronx;

Outdoor tennis courts;

Camps, overnight or day;

Schools in R1 and R2 Districts, child care services in R1, R2, R3, R4-1 and R4A Districts in lower density growth management areas. However, the waiver provisions shall apply where child care services are located in such districts on the same zoning lot as a house of worship, and shall apply where child care services located in such districts on zoning lots that do not contain houses of worship, where the amount of floor area used for child care services is equal to 25 percent or less of the amount of floor area permitted for community facility use on the zoning lot.

R1 R2

In the districts indicated, such spaces shall be designed and operated exclusively for the long-term storage of the private passenger motor vehicles used by the occupants of such residences.

R3 R4 R5 R6 R7 R8 R9 R10

In the districts indicated, such spaces shall be designed and operated primarily for the long-term storage of the private passenger motor vehicles used by the occupants of such residences, except as set forth in this Section.

(a)        Accessory off-street parking spaces may be rented for periods of not less than one week and not more than one month to persons who are not occupants of the residences to which such spaces are accessory for the accommodation of the private passenger motor vehicles used by such non-residents, provided that such spaces are operated in accordance with the regulations promulgated by the Commissioner of Buildings, in a manner which will not adversely affect the residential character of the neighborhood; or

(b)        In R3-2 through R10 Districts, other than R4-1, R4A, R4B and R5A Districts, up to five spaces or 20 percent of all accessory off-street parking spaces, whichever is greater, may be allocated to publicly available electric vehicle charging facilities, or car sharing vehicles.

Such spaces provided pursuant to paragraphs (a) and (b) of this Section shall be made available to the occupants of the residences to which they are accessory within 30 days after written request is made to the landlord.

R3 R4 R5 R6 R7 R8 R9 R10

In the districts indicated, within a completely enclosed garage, detached from a building containing residences and containing not less than 150 accessory off-street parking spaces, minor automotive repairs (not including body work) are permitted.

R3 R4 R5 R6 R7 R8 R9 R10

In the districts indicated, all such spaces shall not be further than the distance set forth in the following table from the nearest boundary of the zoning lot occupied by the residences to which they are accessory.

R1 R2 R3 R4

In the districts indicated, all required off-street parking spaces accessory to permitted houses of worship may be provided on a zoning lot other than the same zoning lot as such house of worship but within the same district or an adjoining district, provided that in such instances all such spaces shall be not further than 600 feet from the nearest boundary of the zoning lot containing such uses.

R5 R6 R7 R8 R9 R10

In the districts indicated, all permitted or required off-street parking spaces accessory to permitted non-residential uses may be provided on a zoning lot other than the same zoning lot as such uses, but within the same district or an adjoining district other than an Rl, R2, R3 or R4 District provided that in such instances all such spaces located in a Residence District shall be not further than 200 feet from the nearest boundary of the zoning lot containing such uses, and all such spaces located in a Commercial District or Manufacturing District shall be not further than 600 feet from the nearest boundary of such zoning lot, and provided further that the Commissioner of Buildings determines that:

(a)        there is no way to arrange such spaces on the same zoning lot as such uses; and

(b)        such spaces are so located as to draw a minimum of vehicular traffic to and through streets having predominantly residential frontages.

Such parking spaces shall conform to all additional regulations promulgated by the Commissioner of Buildings to minimize adverse effects on the character of surrounding areas.

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, all required accessory off-street parking spaces may be provided in facilities designed to serve jointly two or more buildings or zoning lots, provided that:

(a)        the number of spaces in such joint facilities shall be not less than that required in the following Sections for the combined number of dwelling units or the combined floor area, lot area, rated capacity, or other such unit of measurement in such buildings or zoning lots:

Section 25-21        (General Provisions)

Section 25-31        (General Provisions)

Section 25-32        (Special Provisions for a Single Zoning Lot With Uses Subject to Different Parking Requirements);

(b)        all such spaces are located in a district where they are permitted under the applicable provisions of Sections 25-52 (Off-Site Spaces for Residences), 25-53 (Off-site Spaces for Permitted Non-residential Uses), or 73-45 (Modification of Off-site Parking Provisions); and

(c)        the design and layout of such joint facilities meet standards of adequacy set forth in regulations promulgated by the Commissioner of Buildings.

R1 R2 R3 R4 R5

In the districts indicated, required accessory off-street parking spaces may be provided for houses of worship in facilities designed to be shared with other permitted non-residential uses, in any district, provided that:

(a)        no more than 25 percent of the spaces in such facilities may be used to satisfy the parking requirement for both the house of worship and other permitted non-residential uses, except that such percentage may be increased by the Commissioner of Buildings if it can be demonstrated that such additional parking spaces would not be used by the house of worship and other permitted non-residential uses at the same times;

(b)        all such spaces are no further than 600 feet from the nearest boundary of the zoning lot containing the house of worship; and

(c)        all such spaces conform to all applicable regulations of the district in which they are located.

All accessory off-street parking spaces on zoning lots with buildings containing residences shall be located in accordance with the provisions of this Section, except that in R1, R2, R3, R4A and R4-1 Districts within lower density growth management areas, the provisions of Section 25-622 shall apply. In addition, all such parking spaces shall be subject to the curb cut requirements of Section 25-63 (Location of Access to the Street).

R1 R2 R3-1 R3A R3X R4-1 R4A R5A

(a)        In the districts indicated, accessory off-street parking spaces shall be located within or to the side or rear of buildings containing residences. Accessory parking spaces may also be located between the street line and street wall of such buildings and their prolongations only where such spaces are located in a driveway that accesses at least one parking space located to the side or rear of such building and no portion of such driveway is located in front of such buildings.

However, such parking spaces may also be located in a driveway directly in front of a garage, where such garage is within:

(1)        a semi-detached building in an R3-1 or R4-1 District; or

(2)        a detached building on a zoning lot with at least 35 feet of frontage along the street accessing such driveway, and at least 18 feet of uninterrupted curb space along such street.

No parking spaces of any kind shall be allowed between the street line and street wall of an attached or semi-detached building in an R1, R2, R3A, R3X, R4A or R5A District, or for an attached building in an R3-1 or R4-1 District.

R3-2 R4 R5

(b)        In the districts indicated, other than R4-1, R4A, R4B, R5A, R5B and R5D Districts, accessory off-street parking spaces shall be located within or to the side or rear of buildings containing residences. Accessory parking spaces may also be located between the street line and street wall of such buildings and their prolongations, provided that, for buildings on zoning lots with less than 35 feet of street frontage, such spaces are located in a driveway in the side lot ribbon, and provided that for buildings on zoning lots with at least 35 feet of street frontage and at least 18 feet of uninterrupted curb space along a street, either:

(1)        no more than two parking spaces located between the street line and street wall of such buildings and their prolongations shall be accessed from a single curb cut, and the parking area for these spaces shall not be more than 20 feet in width measured parallel, or within 30 degrees of being parallel, to the street line; or

(2)        a group parking facility with five or more spaces is provided and is screened in accordance with the requirements of Section 25-66 (Screening), paragraphs (a) or (b), as applicable.

R4B R5B R5D R6A R6B R7A R7B R7D R7X R8A R8B R8X

(c)        In the districts indicated, accessory off-street parking spaces shall be located only within or to the side or rear of buildings containing residences. No parking spaces of any kind shall be permitted between the street line and the street wall of such buildings and their prolongations.

R6 R7 R8

(d)        In the districts indicated without a letter suffix, the following provisions shall apply:

(1)        for zoning lots containing non-Quality Housing buildings or non-Quality Housing building segments, each of which contains not more than three dwelling units, accessory off-street parking spaces shall be located in accordance with the provisions of paragraph (b) of this Section;

(2)        for zoning lots containing Quality Housing buildings or Quality Housing building segments, accessory off-street parking spaces shall be located in accordance with the provisions of paragraph (c) of this Section.

The provisions of this Section shall apply to all zoning lots with buildings containing residences in R1, R2, R3, R4-1 and R4A Districts within lower density growth management areas.

Required accessory off-street parking spaces shall be permitted only within a building or in any open area on the zoning lot that is not between the street line and the street wall or prolongation thereof of the building.

For zoning lots with less than 33 feet of street frontage, access to all parking spaces through a front yard shall be only through a single driveway no more than 10 feet in width.

For zoning lots with at least 33 feet of street frontage, access to all parking spaces through a front yard shall be only through a driveway no more than 20 feet in width.

No more than two unenclosed required parking spaces may be located in tandem (one behind the other), except that no tandem parking shall be permitted in any group parking facility with more than four spaces.

R1 R2 R3 R4 R5 R6 R7 R8 R9 R10

In all districts, as indicated, the provisions of this Section shall apply to:

(a)        developments with accessory open parking areas in which 70 percent or more of the floor area on the zoning lot is occupied by a community facility use;

(b)        enlargements of a building with accessory open parking areas or the enlargement of an open parking area, that result in:

(1)        an increase in the total number of parking spaces accessory to community facility uses on the zoning lot that is at least 20 percent greater than the number of such spaces existing on November 28, 2007; or

(2)        an increase in the total amount of floor area on the zoning lot that is at least 20 percent greater than the amount of floor area existing on November 28, 2007, and where at least 70 percent of the floor area on the zoning lot is occupied by community facility uses; and

(c)        existing buildings with new accessory open parking areas in which 70 percent or more of the floor area on the zoning lot is occupied by a commercial or community facility use.

The provisions of this Section shall not apply to surface parking located on the roof of a building, indoor parking garages, public parking garages, structured parking facilities, or developments or enlargements in which at least 70 percent of the floor area or lot area on a zoning lot is used for automobile dealers, automotive repair and maintenance, or automotive service stations listed under Use Group VI.

For the purposes of this Section, an “open parking area” shall mean that portion of a zoning lot used for the parking or maneuvering of vehicles, including service vehicles, which is not covered by a building. Open parking areas shall also include all required landscaped areas within and adjacent to the open parking area.

For all such new or enlarged open parking areas, a site plan shall be submitted to the Department of Buildings showing the location of all parking spaces, curb cuts and compliance with the maneuverability standards, as set forth in paragraphs (b) and (c) of Section 36-58.

(a)        In lower density growth management areas other than R6 and R7 Districts in Community District 10, Borough of the Bronx, all zoning lots containing buildings with the following uses shall be subject to the provisions of paragraph (b) of this Section:

(1)        ambulatory diagnostic or treatment health care facilities listed under Use Group III(B),  except where such zoning lot contains buildings used for hospitals, as defined in the New York State Hospital Code, or long-term care facilities; and

(2)        child care services as listed under the definition of school in Section 12-10 (DEFINITIONS), except where such zoning lot contains buildings used for houses of worship or, for zoning lots that do not contain buildings used for houses of worship, where the amount of floor area used for child care services is equal to 25 percent or less of the amount of floor area permitted for community facility use on the zoning lot.  

(b)        All zoning lots that meet the conditions of paragraph (a) of this Section shall comply with the following provisions:

(1)        Accessory off-street parking spaces shall be permitted only within a building or in any open area on the zoning lot that is not between the street line and the street wall or prolongation thereof of the building.

(2)        The maneuverability provisions of paragraphs (b) of Section 36-58 (Parking Lot Maneuverability and Curb Cut Regulations) shall apply to all such zoning lots. No tandem parking shall be permitted.

(3)        The curb cut provisions of paragraph (c) of Section 36-58 shall apply to all such zoning lots, except that, for zoning lots with less than 75 feet of street frontage, a minimum distance of four feet from other curb cuts on adjacent zoning lots shall be maintained.

(4)        For zoning lots in R1, R2, R3A, R3X, R3-1, R4-1 and R4A Districts with buildings containing child care services, a driveway shall be required for drop-off and pick-up of users of the child care facility. Such driveway shall have a minimum width of 15 feet and a maximum width of 18 feet and shall serve one-way traffic. Such driveway shall include a designated area for the drop-off and pick-up of users of the facility with a minimum length of 25 feet and a minimum width of 10 feet. Such drop-off and pick-up area shall abut a sidewalk with a minimum width of four feet that connects to the child care facility entrance and all public sidewalks. No parking spaces shall be located within such driveway. Where the width of the street frontage of the zoning lot accessing such driveway is 75 feet or less, the minimum percentage of front yard required to be planted pursuant to Section 23-451 (Planting requirement) shall be reduced to 25 percent.

(5)        For any zoning lot containing child care services, driveways and open accessory off-street parking spaces may occupy no more than 50 percent of the lot area not covered by buildings. For zoning lots containing ambulatory diagnostic or treatment health care facilities, driveways and open accessory off-street parking spaces may occupy no more than 66 percent of the lot area not covered by buildings.

(6)        All parking areas not within a building shall be screened from adjoining zoning lots and streets by a landscaped strip at least four feet wide, densely planted with evergreen shrubs at least four feet high at time of planting, and of a type that may be expected to form a year-round dense screen at least six feet high within three years. Such screening shall be maintained in good condition at all times.

(7)        Any lighting provided in off-street parking areas shall be directed away from residences.

In lower density growth management areas other than R6 and R7 Districts in Community District 10, Borough of the Bronx, the Chairperson of the City Planning Commission may modify the amount of accessory off-street parking required pursuant to Section 25-31 (General Provisions), or the parking regulations of paragraphs (b)(3), (b)(4), and (b)(5) of Section 25-624 (Special parking regulations for certain community facility uses in lower density growth management areas), for any enlargement of a building containing a use listed in paragraphs (a) or (b) of this Section, or a change of use to, or an extension of,  such use, provided that the applicant submits a site plan that demonstrates to the Chairperson that the location of the existing building on the zoning lot impedes compliance with the parking requirements of Sections 25-31 and 25-624, and that the Chairperson certifies to the Department of Buildings, that the enlargement, extension or change of use complies with such requirements to the maximum extent feasible.

(a)        Ambulatory diagnostic or treatment health care facilities listed under Use Group III(B), except where such zoning lot contains buildings used for hospitals, as defined in the New York State Hospital Code, or long-term care facilities; and

(b)        Child care services listed under the definition of school in Section 12-10 (DEFINITIONS), except where such zoning lot contains buildings used for houses of worship and, for zoning lots that do not contain buildings used for houses of worship, where the amount of floor area used for child care services is equal to 25 percent or less of the amount of floor area permitted for community facility use on the zoning lot.

For enclosed accessory off-street parking facilities, for the purposes of determining floor area in an automated parking facility, or an attended parking facility with parking lift systems, each tray upon which a vehicle is stored at a height that exceeds the permitted exemption set forth in the definition of floor area in Section 12-10, or as otherwise modified in this Resolution, shall be considered floor area in an amount of 153 square feet, or the size of such lifted tray, whichever is greater.

All curb cuts on zoning lots with buildings containing residences shall comply with the provisions of this Section, except that, in lower density growth management areas, the provisions of Section 25-632 shall apply. The minimum width of a curb cut shall be eight feet, including splays. In addition, for non-conforming buildings in all districts, the provisions of Section 25-633 (Curb cut restrictions for certain buildings in R1 through R5 Districts) shall apply.

R2A

(a)        In the district indicated, the maximum width of a curb cut shall be 18 feet, and the maximum width of a driveway within a front yard shall be 20 feet. All zoning lots shall maintain at least 18 feet of uninterrupted curb space along each street frontage.

R2X R3 R4 R5

(b)        In the districts indicated, except R4B and R5B Districts, curb cuts shall comply with the following provisions:

(1)        For zoning lots containing residences where not more than two accessory parking spaces are required:

(i)          for zoning lots with less than 50 feet of frontage along a street, only one curb cut, having a maximum width, including splays, of 10 feet, shall be permitted;

(ii)         for zoning lots with at least 50 feet of frontage along a street, no more than two curb cuts shall be permitted along such street frontage. If one curb cut is provided, such curb cut shall have a maximum width, including splays, of 18 feet. If two curb cuts are provided, the maximum width of each curb cut, including splays, shall be 10 feet, and a minimum distance of 30 feet of uninterrupted curb space shall be provided between such curb cuts;

(iii)        wherever accessory parking spaces are provided in adjacent side lot ribbons on zoning lots subdivided after June 30, 1989, the curb cuts giving access to such side lot ribbons shall be contiguous (paired), so that only one curb cut, having a maximum width of 18 feet, including splays, shall serve both side lot ribbons; and

(iv)        a minimum distance of 16 feet of uninterrupted curb space shall be maintained between all curb cuts constructed after June 30, 1989, provided that this requirement shall not apply to zoning lots existing both on June 30, 1989, and April 14, 2010, that are less than 40 feet wide and where at least 16 feet of uninterrupted curb space is maintained along the street in front of the zoning lot; or

(2)        For zoning lots containing residences where more than two accessory parking spaces are required:

(i)        zoning lots with 35 feet or more of frontage along a street shall maintain a minimum distance of 16 feet of uninterrupted curb space along such street;

(ii)        a minimum distance of 16 feet of uninterrupted curb space shall be maintained between all curb cuts constructed after June 30, 1989, provided that this requirement shall not apply to any zoning lot existing both on June 30, 1989 and April 14, 2010, that is less than 40 feet wide and where at least 16 feet of uninterrupted curb space is maintained in front of such zoning lot along the street;

(iii)        all driveways shall be located at least 13 feet from any other driveway on the same or adjoining zoning lots. However, driveways may be paired with other driveways on the same or adjoining zoning lots, provided the aggregate width of such paired driveways, including any space between them, does not exceed 20 feet. Curb cuts accessing such paired driveway shall have a minimum width of 15 feet and a maximum width, including splays, of 18 feet; and

(iv)        except for paired driveways as set forth in paragraph (b)(2)(iii) of this Section, the maximum width of a curb cut accessing less than 50 parking spaces shall be 12 feet, including splays, and the maximum width of a curb cut accessing more than 50 parking spaces shall be 22 feet, including splays. However, where Fire Department regulations set forth in the Administrative Code of the City of New York require curb cuts of greater width, such curb cuts may be increased to the minimum width acceptable to the Fire Department.

R4B R5B

(c)        In the districts indicated, curb cuts are permitted only on zoning lots with at least 40 feet of street frontage and existing on the effective date of establishing such districts on the zoning maps. Any such zoning lot may be subdivided; however, curb cuts are permitted only for a resulting subdivided zoning lot that has at least 40 feet of street frontage. For detached, semi-detached and zero lot line buildings, the width and location of curb cuts shall be in accordance with paragraph (b)(1), inclusive, of this Section. For attached buildings and building segments, and for multiple dwellings in R5B Districts, at least 34 feet of uninterrupted curb space shall be maintained between all curb cuts constructed after June 30, 1989, provided that this requirement shall not apply to zoning lots existing on both June 30, 1989, and April 14, 2010, that are less than 76 feet wide and where at least 34 feet of uninterrupted curb space is maintained along the street in front of the zoning lot.

For zoning lots with less than 40 feet of street frontage and existing on the effective date of establishing such districts on the zoning maps, curb cuts shall be prohibited.

R6 R7 R8

(d)        In the districts indicated without a letter suffix, for zoning lots containing non-Quality Housing buildings or non-Quality Housing building segments, each of which contains not more than three dwelling units, accessory off-street parking spaces shall be located in accordance with the provisions of paragraph (b)(2), inclusive, of this Section.

R6 R7 R8

(e)        In the districts indicated, except as provided for in paragraph (d) of this Section, only one curb cut, having a maximum width of 12 feet, including splays, shall be permitted on any street frontage of a zoning lot. However, where a curb cut accesses a group parking facility with 50 or more spaces, the maximum width of a curb cut shall be 22 feet, including splays, or alternatively, two curb cuts shall be permitted to access such group parking facility, each with a maximum width of 12 feet, including splays, and spaced at least 60 feet apart. For zoning lots subdivided after April 14, 2010, curb cuts shall only be permitted along the street frontage of such subdivided zoning lot where at least 34 feet of uninterrupted curb space is maintained, and shall comply with the width and spacing requirements of this paragraph, (e).

These curb cut provisions shall apply as follows:

(1)        In R6, R7 and R8 Districts without a letter suffix, to non-Quality Housing buildings or non-Quality Housing building segments, any of which contain four or more dwelling units;

(2)        In R6, R7 and R8 Districts without a letter suffix, to Quality Housing buildings or Quality Housing building segments;

(3)        In R6A, R7A, R7D, R7X, R8A and R8X Districts, to all buildings; and

(4)        In R6B, R7B and R8B Districts, to zoning lots occupied by a building with a street wall at least 40 feet in width or, for zoning lots with multiple building segments, only where such curb cut is in front of a building segment with a street wall at least 40 feet in width. On such zoning lots, curb cuts shall be permitted only on the street frontage that is at least 40 feet wide. On all other zoning lots in R6B, R7B and R8B Districts, curb cuts shall be prohibited.

(f)        Modification of curb cut location requirements:

R2X R3 R4 R5 R6 R7 R8

(1)        In the districts indicated, the location and width of curb cuts, as required by the provisions of this Section, may be modified if the Commissioner of Buildings certifies that the specified curb cut locations would require the removal of shade trees maintained by the City of New York. The Commissioner of Buildings may refer such matter to the Department of Parks and Recreation and the Department of Transportation for reports, and may base the determination on such reports.

R6 R7 R8

(2)        In the districts indicated, except R6, R7 or R8 Districts with a letter suffix, the City Planning Commission may authorize modification of the location and width of curb cuts as required by the provisions of this Section provided that the Commission finds that:

(i)        the proposed modification does not adversely affect the character of the surrounding area; and

(ii)        where more than one curb cut is provided, the curb cuts are arranged to foster retention of curbside parking spaces along the street frontage of the zoning lot.

The provisions of this Section shall apply to all zoning lots with buildings containing residences within all lower density growth management areas, except that these provisions shall not apply to any zoning lot occupied by only one single-family detached residence with at least 60 feet of frontage along one street and, for such residences on corner lots, with at least 60 feet of frontage along two streets.

(a)        For zoning lots with less than 33 feet of frontage along a street, only one curb cut, having a maximum width, including splays, of 10 feet, shall be permitted.

(b)        For zoning lots with at least 33 feet of frontage along a street, multiple curb cuts are permitted. The maximum width of a curb cut serving a driveway 12 feet or less in width shall be 10 feet, including splays. Driveways wider than 12 feet at any point within a front yard shall be accessed by a single curb cut with a minimum width of 17 feet and a maximum width, including splays, of 18 feet.

(c)        The center line of each curb cut shall be coincident with the center line of the driveway that it serves.

(d)        All driveways shall be located at least 13 feet from any other driveway on the same or adjoining zoning lots. However, driveways may be paired with other driveways on adjoining zoning lots provided the aggregate width of such paired driveways, including any space between them, does not exceed 20 feet.

(e)        All zoning lots with buildings containing residences shall maintain a minimum distance of 16 feet of uninterrupted curb space between all curb cuts constructed after June 30, 1989.

(f)        The requirements of paragraphs (d) and (e) of this Section may be waived where the Commissioner of Buildings certifies that, due to the location of driveways and curb cuts on adjacent zoning lots, there is no way to locate the driveways and curb cuts in compliance with this requirement of this Section, and that at least 16 feet of uninterrupted curb space is maintained along the street in front of the zoning lot.

(g)        For multiple buildings on a single zoning lot, access to all parking spaces shall be provided entirely on the same zoning lot.

R1 R2 R3-1 R3A R3X R4-1 R4A R5A

(a)        In the districts indicated, curb cuts are prohibited for attached buildings except where such building is bounded on one side by a side yard at least eight feet in width. For such buildings, a curb cut shall be permitted only along that portion of the street frontage of the zoning lot directly in front of a side yard that is at least eight feet wide and accesses a parking space located beyond the street wall or prolongation thereof.

R1 R2 R3A R3X R4A R5A

(b)        In the districts indicated, for semi-detached buildings, a curb cut shall only be permitted along that portion of the street frontage of the zoning lot directly in front of a side yard that is at least eight feet wide and accesses a parking space located beyond the  street wall or prolongation thereof.