The following regulations on permitted and required accessory off-street parking spaces are adopted in order to provide parking spaces off the streets for the increasing number of people driving to work in areas outside the high density central areas, to relieve congestion on streets in industrial districts, to help prevent all-day parking in residential and commercial areas adjacent to manufacturing areas, and to provide for better and more efficient access to and from industrial establishments within the City, and thus to promote and protect public health, safety, and general welfare.

Except as otherwise provided in this Section, the regulations of this Chapter on permitted or required accessory off-street parking spaces apply to manufacturing, commercial or community facility uses, as set forth in the provisions of the various Sections. In limited instances certain regulations also apply to public parking garages and public parking lots.

Special regulations applying in the waterfront area are set forth in Article VI, Chapter 2.

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

Words in italics are defined in Section 12-10 (DEFINITIONS) or, if applicable exclusively to this Chapter, in this Section.

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In all districts, as indicated, accessory off-street parking spaces may be provided for all permitted uses subject to the applicable provisions set forth in Section 44-12 (Maximum Size of Accessory Group Parking Facilities).

Such accessory off-street parking spaces may be open or enclosed. However, except as otherwise provided in Section 73-49 (Roof Parking), no spaces shall be located on any roof which is immediately above a story other than a basement.

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In all districts, as indicated, no accessory group parking facility shall contain more than 150 off-street parking spaces, except as provided in Section 44-13 (Modification of Maximum Size of Accessory Group Parking Facilities).

The provisions of this Section shall not apply to accessory off-street parking spaces provided in public parking garages in accordance with the provisions of Section 44-46 (Accessory Off-street Parking Spaces in Public Parking Garages).

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In all districts, as indicated, a group parking facility may contain additional spaces not to exceed 50 percent of the maximum number otherwise permitted under the provisions of Section 44-12 (Maximum Size of Accessory Group Parking Facilities), if the Commissioner of Buildings determines that such facility:

(a)        has separate vehicular entrances and exits thereto, located not less than 25 feet apart;

(b)        is located on a street not less than 60 feet in width; and

(c)        if accessory to a commercial or manufacturing use, has adequate reservoir space at the entrances to accommodate a minimum of 10 automobiles.

The Commissioner of Buildings shall establish appropriate additional regulations with respect to the design of such facility to minimize adverse effects on the character of the surrounding area, such as requirements for shielding of floodlights.

The provisions of this Section shall not apply to accessory off-street parking spaces provided in public parking garages in accordance with the provisions of Section 44-46 (Accessory Off-street Parking Spaces in Public Parking Garages).

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In all districts, as indicated, the Board of Standards and Appeals may permit accessory group parking facilities with more than 150 spaces, in accordance with the provisions of Section 73-48 (Exceptions to Maximum Size of Accessory Group Parking Facilities).

The provisions of this Section shall not apply to accessory off-street parking spaces provided in public parking garages in accordance with the provisions of Section 44-46 (Accessory Off-street Parking Spaces in Public Parking Garages).

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In all districts, as indicated, accessory off-street parking spaces, open or enclosed, shall be provided in conformity with the requirements set forth in the table in this Section for all development after December 15, 1961, for the manufacturing, commercial or community facility uses listed in the table. In addition, all other applicable requirements of this Chapter shall apply as a condition precedent to the use of such development.

After December 15, 1961, if an enlargement results in a net increase in the floor area or other applicable unit of measurement specified in the table in this Section, the same requirements set forth in the table shall apply to such net increase in the floor area or other specified unit of measurement.

A parking space is required for a portion of a unit of measurement one-half or more of the amount set forth in the table.

For the purposes of this Section, a tract of land on which a group of such uses is developed under single ownership or control shall be considered a single zoning lot.

For those uses for which rated capacity is specified as the unit of measurement, the Commissioner of Buildings shall determine the rated capacity as the number of persons which may be accommodated by such uses.

The requirements of this Section shall be waived in the following situations:

(a)        when, as the result of the application of such requirements, a smaller number of spaces would be required than is specified by the provisions of Section 44-232 (Waiver of Requirements for Spaces Below Minimum Number) or, for certain uses, below the lot area or establishment size thresholds set forth in Section 44-233 (Waiver of requirements for certain small zoning lots or establishments);

(b)        when the Commissioner of Buildings has certified, in accordance with the provisions of Section 44-24 (Waiver of Requirements for All Zoning Lots Where Access Would Be Forbidden), that there is no way to arrange the spaces with access to the street to conform to the provisions of Section 44-43 (Location of Access to the Street);

(c)        for houses of worship, in accordance with the provisions of Section 44-25 (Waiver for Locally Oriented Houses of Worship).

For the purposes of applying the loading requirements of this Chapter, uses are grouped into the following Parking Requirement Categories (PRC) based on how requirements are measured. The specific designations for uses are set forth in the Use Group tables.

REQUIRED OFF-STREET PARKING SPACES FOR MANUFACTURING, COMMERCIAL
OR COMMUNITY FACILITY USES

¹              For ambulatory diagnostic or treatment facilities listed in Use Group III(B), cellar space, except cellar space used for storage shall be included to determine parking requirements.

²             Parking requirements for uses in PRC-A3 may be reduced by permit of the Board of Standards and appeals in accordance with the provisions of Section 73-44.

³              In the case of golf driving ranges, the requirements in this table apply only to that portion of the range used for tees.

⁴              In the case of outdoor skateboard parks, in M3-1 Districts, the requirements of this table apply only to that portion used as skating runs and accessory buildings. The floor area of accessory buildings shall be considered lot area for the purpose of these requirements.

⁵                      For predominantly open storage of miscellaneous uses or predominantly open manufacturing uses, the lot area used for such uses shall be considered as floor area for the purposes of these requirements.

⁶                      Parking requirements for uses in PRC-E1 are in addition to area utilized for ambulance parking.

⁷                      Parking requirements for houses of worship shall be applicable only to the facility’s largest room of assembly; however, rooms separated by movable partitions shall be considered a single room.

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In all districts, as indicated, where any building or zoning lot contains two or more uses having different parking requirements as set forth in Section 44-21 (General Provisions), the parking requirements for each type of use shall apply to the extent of that use.

However, the number of spaces required for houses of worship or for uses in parking requirement category B1, when in the same building or on the same zoning lot as any other use, may be reduced by the Board of Standards and Appeals in accordance with the provisions of Section 73-431 (Reduction of parking spaces for houses of worship) or 73-432 (Reduction of parking spaces for places of assembly).

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In all districts, as indicated, the requirements for accessory off-street parking spaces shall be subject to the waiver provisions of this Section.

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In all districts, as indicated, the requirements set forth in Sections 44-21 (General Provisions) or 44-22 (Special Provisions for a Single Zoning Lot With Uses Subject to Different Parking Requirements) shall not apply to any building or zoning lot as to which the Commissioner of Buildings has certified that there is no way to arrange the required spaces with access to the street to conform to the provisions of Section 44-43 (Location of Access to the Street).

The Commissioner of Buildings may refer such matter to the Department of Transportation for a report, and may base a determination on such report.

M1

In the district indicated, the requirements set forth in Sections 44-21 (General Provisions) and 44-22 (Special Provisions for a Single Zoning Lot With Uses Subject to Different Parking Requirements) shall not apply to a house of worship, provided the Chairperson of the City Planning Commission certifies that:

1. seventy-five percent or more of the congregants of such house of worship reside within a three-quarter mile radius of the house of worship;
2. the number of spaces required pursuant to this Section is less than the number of spaces listed in the table in Section 44-231 (Waiver of Requirements for Spaces Below Minimum Number); and
3. such house of worship shall not include, as an accessory use, the leasing, licensing or any other grant of permission to utilize a room or other space in such house of worship for the operation of a business engaged in serving food or beverages for functions, occasions or events.

For the purposes of determining the number of spaces required pursuant to this Section, the product of the actual percentage of congregants living within a three-quarter mile radius of the house of worship, computed for the purposes of paragraph (a) of this Section, multiplied by the persons-rated capacity of the largest room of assembly, shall be subtracted from the persons-rated capacity of the largest room of assembly.

The provisions of paragraph (c) of this Section are not intended to restrict the lease, license or other permission to use a room or other space in a house of worship, when given by the house of worship to a person in order to hold a function, occasion or event, where such person hires or retains a business engaged in serving food or beverages for purposes of such function, occasion or event, and provided that such business is not located on the same zoning lot as the house of worship, makes its services available to non-congregants, and does not operate its business substantially for the benefit or convenience of congregants or visitors to the house of worship.

A certification pursuant to this Section shall be granted on condition that the Certificate of Occupancy for such house of worship be marked or amended to provide that accessory uses shall not include the utilization of a room or other space in such house of worship for the operation of a business engaged in serving food or beverages for functions, occasions or events. The Chairperson may impose additional conditions and safeguards to ensure compliance with the provisions of this Section, in the form of a signed declaration of restrictions. The filing of any such declaration in the Borough Office of the Register of the City of New York shall be precondition for the issuance of a building permit.

Within 45 days of receipt of a complete application, including documentation of the residences of congregants in a form acceptable to the Department of City Planning, the Chairperson shall either certify that the proposed development or enlargement complies with the requirements of this Section or disapprove such application, citing the nature of any failure to comply.

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In all districts, as indicated, whenever a zoning lot is divided by a boundary between districts having different requirements for accessory off-street parking spaces, the provisions set forth in Article VII, Chapter 7, shall apply.

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In all districts, as indicated, whenever an existing manufacturing building is expanded pursuant to the provisions of Section 43-121 (Expansion of existing manufacturing buildings), the City Planning Commission may reduce, up to a maximum of 40 spaces, the parking requirements of Sections 44-21 (General Provisions) or 44-22 (Special Provisions for a Single Zoning Lot With Uses Subject to Different Parking Regulations), provided the Commission certifies:

(a)        that because of site limitations such a reduction is necessary for the proper design and operation of the manufacturing building; and

(b)        that off-site parking and mass transit facilities are adequate to satisfy the additional parking demand generated by the expansion.

In M1-1D, M1-2D, M1-3D, M1-4D and M1-5D Districts, the regulations of this Section shall apply to residential uses authorized pursuant to Section 42-321 (Residential uses in M1-1D through M1-5D Districts).

(a)        In M1-1D Districts, for any new residence authorized pursuant to Section 42-47, one accessory parking space shall be provided for each dwelling unit. The Commission may reduce this requirement if the Commission determines that there is sufficient on-street parking space available to meet the needs of the new residence.

Access to such required accessory parking shall be designed so as to minimize any adverse effect upon the availability of on-street parking and loading for conforming manufacturing and commercial uses. If necessary, in order to implement this requirement, the Commission may modify the 10 foot maximum setback requirement of paragraph (e) of Section 43-61 (Bulk Regulations for Residential Uses in M1-1D Through M1-5D Districts).

(b)        In M1-2D, Ml-3D, M1-4D and M1-5D Districts, accessory parking shall not be permitted, except when authorized by the City Planning Commission.

The Commission may authorize accessory parking provided:

(1)        the zoning lot extends 40 feet or more along the street line;

(2)        the curb cut extends no more than 15 feet along the street line and provides access to a group parking facility of five or more accessory off-street parking spaces; and

(3)        the Commission determines that such curb cut will not adversely affect the availability of on-street parking and loading for conforming manufacturing and commercial uses.

M1-1 M1-2 M1-3 M2-1 M2-2 M3-1

In the Districts indicated, in designated areas within Manufacturing Districts in Subarea 1, as shown on the maps in APPENDIX J (Designated Areas Within Manufacturing Districts) of this Resolution, the provisions of Section 44-21 (General Provisions) are modified as set forth in this Section for all uses within the industrial floor space.  

For any zoning lot containing a self-service storage facility that meets the requirements of paragraphs (d)(1) or (d)(2)(i) of Section 42-193 (Use Group IX – use subject to additional conditions), accessory off-street parking spaces, open or enclosed, shall not be required for uses within industrial floor space, where all such uses occupy less than 10,000 square feet of floor area or have fewer than 15 employees. For industrial floor space on such zoning lots where such uses, in total, occupy at least 10,000 square feet of floor area or have 15 or more employees, accessory off-street parking spaces, open or enclosed, shall be required for all uses within the industrial floor space at the rate of one space per 2,000 square feet of floor area, or one space per three employees, whichever will require fewer spaces.

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In all districts, as indicated, all permitted or required off-street parking spaces, open or enclosed, accessory to any permitted use shall be provided on the same zoning lot as the building or use to which such spaces are accessory, except as provided in the following Sections:

Section 44-32        (Off-site Spaces for All Permitted Uses)

Section 44-33        (Joint and Shared Facilities)

Section 44-34        (Additional Regulations for Required Spaces When Provided Off-site)

Section 73-45        (Modification of Off-site Parking Provisions)

Such exceptions to the requirement that the spaces be provided on the same zoning lot as the building or use to which they are accessory shall not apply in the case of spaces provided in a permitted public parking garage in accordance with the provisions of Section 44-46 (Accessory Off-street Parking Spaces in Public Parking Garages).

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In all districts, as indicated, all permitted or required off-street parking spaces accessory to any permitted use may be provided on a zoning lot other than the same zoning lot as such use but within the same district or an adjoining C8 or Manufacturing District. However, all required spaces shall be not more than 600 feet from the nearest boundary of the zoning lot on which such use is located.

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In all districts, as indicated, when required accessory off-street parking spaces are provided off the site in accordance with the provisions of Sections 44-32 (Off-site Spaces for All Permitted Uses) or 44-33 (Joint and Shared Facilities), the following additional regulations shall apply:

(a)        Such spaces shall be in the same ownership (single fee ownership or alternative ownership arrangements of the zoning lot definition in Section 12-10) as the use to which they are accessory, and shall be subject to deed restrictions filed in an office of record, binding the owner and his heirs and assigns to maintain the required number of spaces available throughout the life of such use.

(b)        Such spaces shall conform to all applicable regulations of the district in which they are located.

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In all districts, as indicated, automotive repairs or the sale of motor fuel, motor oil, or automotive accessories are not permitted in connection with the operation of accessory off-street parking spaces. However where such parking spaces are provided in a building or other structure, minor automotive repairs (not including body work) are permitted.

Electric vehicle charging facilities shall be permitted at all accessory off-street parking spaces. Such charging shall be for the owners, occupants, employees, customers, residents or visitors using such accessory parking spaces, except as otherwise permitted by the provisions of Section 44-351 (Restrictions on use of accessory off-street parking spaces).

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In all districts, as indicated, all permitted or required off-street parking spaces shall conform to the provisions of Section 44-40, inclusive.

Special regulations applying to large-scale community facility developments are set forth in Article VII, Chapter 8.

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In all districts, as indicated, the entrances and exits of all permitted or required accessory group parking facilities and all permitted public parking lots or public parking garages with 10 or more spaces, shall be located not less than 50 feet from the intersection of any two street lines. However, access located within 50 feet of such intersection may be permitted if the Commissioner of Buildings or, in the case of public parking lots or public parking garages permitted in accordance with the provisions of Article VII, Chapter 4, the City Planning Commission certifies that such a location is not hazardous to traffic safety and not likely to create traffic congestion. The Commissioner of Buildings or the City Planning Commission may refer such matter to the Department of Transportation for a report and may base its determination on such report.

The waiver provisions of Section 44-24 (Waiver of Requirements for All Zoning Lots Where Access Would Be Forbidden) shall apply when the Commissioner of Buildings has certified that there is no way to arrange the spaces with access to the street to conform to the provisions of this Section.

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In all districts, as indicated, all open accessory off-street parking spaces or permitted public parking lots shall be graded, constructed, surfaced, and maintained so as to provide adequate drainage and to prevent the release of dust, in accordance with rules and regulations promulgated by the Commissioner of Buildings.

Any area intended to be used permanently for an open accessory group parking facility shall be surfaced with permeable paving materials, asphaltic or Portland cement concrete, or other hard-surfaced dustless material.

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In all districts, as indicated, all open off-street parking areas with 10 spaces or more, which are located on zoning lots adjacent to the boundary of a Residence District, either at natural grade or on a roof:

(a)        shall be screened from all adjoining zoning lots in Residence Districts (including such zoning lots situated across a street) by either:

(1)        a strip at least four feet wide, densely planted with shrubs or trees at least four feet high at the time of planting and which are of a type which may be expected to form a year-round dense screen at least six feet high within three years; or

(2)        a wall or barrier or uniformly painted fence of fire-resistant material at least six feet high, but not more than eight feet above finished grade (or above the roof level, if on a roof). Such wall, barrier or fence may be opaque or perforated provided that not more than 50 percent of the face is open;

(b)        shall be maintained in good condition at all times;

(c)        may be interrupted by normal entrances or exits; and

(d)        shall have no signs hung or attached thereto other than those permitted in Section 42-62 (Permitted Signs).

Paragraph (a) shall not apply at the street line of zoning lots where the planting requirements of Section 37-921 (Perimeter landscaping) apply.

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In all districts, as indicated, permitted or required accessory off-street parking spaces may be provided in a permitted public parking garage, but only on the same zoning lot as the building or use to which such spaces are accessory and subject to all the other applicable regulations of this Chapter.

Such accessory off-street parking spaces shall be included with all other spaces in such public parking garage for the purpose of applying any regulations in this Resolution relating to the number of spaces in such public parking garage.

The computation of floor area for such public parking garage shall be in accordance with the definition of floor area as set forth in Section 12-10 (DEFINITIONS), except as otherwise specifically authorized in accordance with the provisions of Sections 73-67 (Additional Floor Space for Public Parking Garages), 74-193 (Public parking garages or public parking lots outside high density areas) or 74-194 (Public parking garages or public parking lots inside high density areas). 

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

1. developments with 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;
2. 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 commercial or community facility use 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 commercial or community facility uses; and
3. 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 set forth in paragraphs (b) and (c) of Section 36-58.

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In all districts, as indicated, all developments and enlargements containing commercial or community facility uses and new open parking areas accessory to commercial or community facility uses shall comply with the provisions of Section 37-90 (PARKING LOTS), inclusive.

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In the Borough of Staten Island, in the districts indicated, existing or new open parking lots adjacent to one another on the same or separate zoning lots shall be required to provide vehicular passageways between such open parking lots in accordance with the provisions of Section 36-59 (Cross Access Connections in the Borough of Staten Island), inclusive.

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In all districts, as indicated, accessory off-street loading berths, open or enclosed, may be provided for all permitted uses, under rules and regulations promulgated by the Commissioner of Buildings, and subject to the provisions of Sections 44-562 (Location of access to the street), 44-563 (Restrictions on location of berths near Residence Districts), 44-564 (Surfacing) and 44-565 (Screening).

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In all districts, as indicated, accessory off-street loading berths, open or enclosed, shall be provided in conformity with the requirements set forth in the table in this Section and under rules and regulations promulgated by the Commissioner of Buildings, for all development or enlargements after December 15, 1961, for the community facility, commercial or manufacturing uses listed in the table, as a condition precedent to the use of such development or enlargements.

For the purposes of this Section, a tract of land on which a group of such uses is developed under single ownership or control shall be considered a single zoning lot.

Whenever any use specified in the table is located on an open lot, the requirements set forth in the table for floor area shall apply to the lot area used for such use.

For the purposes of applying the loading requirements of this Chapter, uses are grouped into the following Loading Requirement Categories (LRC).

REQUIRED OFF-STREET LOADING BERTHS FOR DEVELOPMENTS OR ENLARGEMENTS

^{1        Requirements in this table are in addition to area utilized for ambulance parking.}

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In all districts, as indicated, the requirements set forth in Section 44-52 (Required Accessory Off-street Loading Berths) shall not apply to any building or zoning lot as to which the Commissioner of Buildings has certified that there is no way to arrange the required berths with access to the street to conform to the provisions of Section 44-562 (Location of access to the street). The Commissioner of Buildings may refer such matter to the Department of Transportation for a report and may base a determination on such report.

M1 M2 M3

In all districts, as indicated, whenever a zoning lot is divided by a boundary between districts having different requirements for accessory off-street loading berths, the provisions set forth in Article VII, Chapter 7, shall apply.

M1 M2 M3

In all districts, as indicated, required loading berths may be provided in facilities designed to serve jointly two or more adjoining buildings or zoning lots within a single block, provided that:

1. the number of berths in such joint facilities shall be not less than that required for the total combined floor area of such buildings or zoning lots as set forth in Section 44-52 (Required Accessory Off-street Loading Berths);
2. direct access is provided from such joint facilities to all such buildings or zoning lots; and
3. the design and layout of such joint facilities meet standards of adequacy set forth in regulations promulgated by the Commissioner of Buildings.

M1 M2 M3

In all districts, as indicated, all permitted or required accessory off-street loading berths shall conform to the provisions set forth in this Section, inclusive.