Chapter 3 - Comprehensive Off-street Parking and Loading Regulations in the Manhattan Core
GENERAL PURPOSES
The provisions of this Chapter establish comprehensive regulations for off-street parking in the Manhattan Core, as defined in Section 12-10.
These regulations reflect best practices to address sustainability goals, while accommodating the parking needs of residents and businesses in a balanced manner.
General Provisions
Except as modified by the express provisions of this Chapter, the regulations of the underlying zoning districts or special purpose districts shall remain in effect.
Definitions
Access zone
For the purposes of this Chapter, an “access zone” shall refer to the portion of an accessory off-street parking facility, public parking garage or an automobile rental establishment, occupied by:
(a) vehicular ramps between parking levels, or between a parking level and a vehicular entrance or exit, provided that such ramps are not used as parking spaces or associated maneuvering space;
(b) vehicular elevators;
(c) required reservoir spaces;
(d) portions of required accessible pedestrian egress routes, including any associated ramps or elevators; or
(e) bicycle parking spaces.
Parking zone
For the purposes of this Chapter, a “parking zone” shall refer to the portion of an accessory off-street parking facility, public parking garage or an automobile rental establishment, occupied by permitted off-street parking spaces and associated maneuvering space, and any other portion of such parking facility not included in the access zone. In attended parking facilities with parking lift systems, the parking zone shall also include the lifted tray a vehicle is stored upon.
Maps
Maps are located in Section 13-141 of this Chapter for the purpose of specifying areas where special regulations and requirements set forth in this Chapter apply.
Map 1 – Area where public parking lots are not permitted in the midtown Manhattan Core
Map 2 – Area where public parking lots are not permitted in the downtown Manhattan Core
Applicability
The provisions of this Chapter shall apply to automotive equipment rental and leasing establishments listed under Use Group VI, public parking lots, and public parking garages listed under Use Group IX(C), and accessory off-street parking facilities, in the Manhattan Core, as follows:
(a) for accessory off-street parking facilities, public parking garages and public parking lots constructed prior to May 8, 2013, the number of parking spaces required or permitted shall be as set forth in Section 13-07 (Existing Buildings and Off-street Parking Facilities);
(b) for accessory off-street parking facilities, automobile rental establishments and public parking lots developed or enlarged after May 8, 2013, the as-of-right number of parking spaces permitted in a parking facility shall be as set forth in Section 13-10 (PERMITTED OFF-STREET PARKING IN THE MANHATTAN CORE). Special rules shall apply to all such accessory off-street parking spaces, automobile rental establishments and public parking lots, as set forth in Section 13-20 (SPECIAL RULES FOR MANHATTAN CORE PARKING FACILITIES);
(c) any increase in the number of off-street parking spaces in an accessory off-street parking facility or public parking lot resulting in a capacity not otherwise allowed under the applicable regulations of Section 13-10; or a new public parking lot in a location not permitted by Section 13-14 (Permitted Parking in Public Parking Lots), shall be permitted only by the City Planning Commission, pursuant to the applicable special permit in Section 13-45 (Special Permits for Additional Parking Spaces);
(d) public parking garages developed or enlarged after May 8, 2013, shall not be permitted as-of-right. Any development or enlargement of such public parking garages shall only be permitted in C1-5, C1-6, C1-7, C1-8, C1-9, C2, C4, C5, C6, C7, C8, M1, M2 or M3 Districts by the City Planning Commission, pursuant to the applicable special permit in Section 13-45. Commercial vehicles may occupy spaces in permitted public parking garages in accordance with the provisions of Section 13-16 (Permitted Parking for Car Sharing Vehicles and Commercial Vehicles).
The following special permits shall not be applicable within the Manhattan Core:
Section 73-47 (Exceptions to Maximum Size of Accessory Group Parking Facilities);
Section 74-193 (Public parking garages or public parking lots outside high density areas);
Section 74-194 (Public parking garages or public parking lots in high density central areas), except as set forth in Section 13-06 (Previously Filed or Approved Special Permits or Authorizations); and
Section 74-53 (Accessory Group Parking Facilities for Uses in Large-Scale Residential Developments or Large-Scale Community Facility Developments or Large-Scale General Developments), inclusive.
The provisions of Section 13-30 (OFF-STREET LOADING REGULATIONS IN THE MANHATTAN CORE), inclusive, shall apply to all accessory off-street loading berths provided as part of developments, enlargements, extensions or changes of use within the Manhattan Core after May 8, 2013.
Exceptions
The provisions of this Chapter shall not apply to Roosevelt Island, in Community District 8, or to Governors Island, in Community District 1, in the Borough of Manhattan. In the Hudson Yards parking regulations applicability area, as defined in Section 93-81, the provisions of this Chapter shall apply as specified in Section 93-80 (OFF-STREET PARKING REGULATIONS).
Additional modifications to the provisions of this Chapter are found in the following Special Purpose Districts:
(a) the Special Midtown District, as set forth in Section 81-30 (OFF-STREET PARKING AND OFF-STREET LOADING REGULATIONS), inclusive, Section 81-44 (Curb Cut Restrictions) and paragraph (c) of Section 81-84 (Mandatory Regulations and Prohibitions);
(b) the Special Lincoln Square District, as set forth in Section 82-50 (OFF-STREET PARKING AND OFF-STREET LOADING REGULATIONS);
(c) the Special Battery Park City District, as set forth in Section 84-14 (Parking Regulations and Curb Cuts), inclusive;
(d) the Special United Nations Development District, as set forth in Section 85-03 (Modifications of Use Regulations);
(e) the Special Lower Manhattan District, as set forth in Section 91-50 (OFF-STREET PARKING, LOADING AND CURB CUT REGULATIONS), inclusive;
(f) the Special Park Improvement District, as set forth in Section 92-05 (Maximum Number of Accessory Off-street Parking Spaces);
(g) the Special Transit Land Use District, as set forth in Section 95-09 (Special Regulations for Accessory Off-street Parking and Curb Cuts);
(h) the Special Clinton District, as set forth in Section 96-111 (Off-street parking regulations);
(i) the Special Madison Avenue Preservation District, as set forth in Section 99-06 (Off-street Parking Regulations);
(j) the Special Little Italy District, as set forth in Sections 109-16 (Parking Regulations), 109-351 (Parking regulations), 109-352 (Curb cut regulations) and 109-521 (Modification of accessory off-street parking facilities); and
(k) the Special Hudson River Park District, as set forth in Section 89-21 (Transfer of Floor Area From Hudson River Park).
If, before May 8, 2013, an application for an authorization or special permit relating to parking regulations in the Manhattan Core has been certified or referred by the City Planning Commission or has been filed with the Board of Standards and Appeals, such application may continue pursuant to the regulations in effect at the time such authorization or special permit was certified or referred by the Commission or filed with the Board. Such authorizations or special permits, if granted by the Commission or Board, may be started or continued, in accordance with the terms thereof, or as such terms may be subsequently modified, pursuant to the regulations in effect at the time such authorization or special permits were certified or referred by the Commission or filed with the Board.
Any authorization or special permit relating to parking regulations in the Manhattan Core granted by the Commission or Board prior to May 8, 2013, may be started or continued, in accordance with the terms thereof, or as such terms may be subsequently modified, pursuant to the regulations in effect at the time such authorization or special permit was granted.
All such authorizations or special permits shall be subject to the provisions of Sections 11-42 (Lapse of Authorization or Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution) and 11-43 (Renewal of Authorization or Special Permit).
Notwithstanding the foregoing, any subsequent modifications to such authorizations or special permits that involve an increase in the number of off-street parking spaces provided, shall be only as permitted by the applicable special permit provisions of Section 13-45 (Special Permits for Additional Parking Spaces).
The provisions of this Section shall apply to existing required or permitted accessory off-street parking spaces, public parking lots and public parking garages, established prior to May 8, 2013, in the Manhattan Core, as applicable, and to existing buildings developed without the provision of parking.
(a) Existing parking facilities
Existing required or permitted accessory off-street parking spaces, public parking lots and public parking garages, established prior to May 8, 2013, shall continue to be subject to the applicable zoning district regulations in effect prior to May 8, 2013, except that:
(1) any reduction or elimination of existing accessory off-street parking spaces that were required under the applicable provisions in effect prior to April 29, 1982, or for public or publicly assisted housing under the applicable provisions in effect prior to May 8, 2013, shall only be allowed by authorization of the City Planning Commission pursuant to Section 13-443 (Reduction in the number of required existing parking spaces);
(2) enlargements, extensions or any increase in the number of off-street parking spaces within such off-street parking facilities shall only be permitted by special permit by the Commission pursuant to the applicable provisions of Section 13-45 (Special Permits for Additional Parking Spaces);
(3) conversions shall be permitted to retain all spaces in existing parking facilities. Additional accessory off-street parking spaces shall only be permitted by special permit by the Commission, pursuant to the applicable special permit provisions of Section 13-45; and
(4) an accessory off-street parking facility in possession of a license issued by the Department of Consumer Affairs, pursuant to Section 20-321 of the New York City Administrative Code, to maintain, operate or conduct a garage or parking lot (as defined therein) prior to January 1, 2012, may make accessory parking spaces available for public use in accordance with the provisions of Section 13-21 (Public Use and Off-site Parking), provided that a copy of such license is filed with the Department of Buildings. However, any increase in the number of spaces in such a facility shall only be permitted by special permit by the Commission, pursuant to the applicable provisions of Section 13-45.
(b) Existing buildings developed without parking
Within the Manhattan Core, existing buildings developed without the provision of parking may add up to 15 accessory off-street parking spaces only where the City Planning Commission authorizes such additional spaces pursuant to the provisions of Section 13-442 (Limited increase in parking spaces for existing buildings without parking).
No parking shall be required within the Manhattan Core. As-of-right off-street parking spaces located within accessory off-street parking facilities, automobile rental establishments and public parking lots in the Manhattan Core shall be permitted only as set forth in this Section, inclusive.
Accessory off-street parking spaces are permitted for residences in developments or enlargements, as follows:
(a) for Community Districts 1, 2, 3, 4, 5, and 6, accessory off-street parking spaces may be provided for not more than 20 percent of the total number of new dwelling units contained in the development or enlargement, or 200 spaces, whichever is less;
(b) for Community Districts 7 and 8, accessory off-street parking spaces may be provided for not more than 35 percent of the total number of new dwelling units contained in the development or enlargement, or 200 spaces, whichever is less.
Accessory off-street parking spaces are permitted for non-residential uses in developments or enlargements, as follows:
(a) Transient hotels
For transient hotel developments or enlargements, a maximum of 225 accessory off-street parking spaces shall be permitted. In no event may the number of parking spaces exceed 15 percent of the number of new transient hotel rooms;
(b) Hospitals
For developments or enlargements of non-profit, voluntary or proprietary hospitals and related facilities listed under Use Group III(B), a maximum of 100 accessory off-street parking spaces are permitted;
(c) Retail or service uses
For developments or enlargements comprising commercial uses listed under Use Group VI, the maximum number of accessory off-street parking spaces permitted shall not exceed one space per 4,000 square feet of floor area, or 10 spaces, whichever is less;
(d) Other commercial, community facility and manufacturing uses
For developments or enlargements comprising community facility uses other than hospitals, commercial uses other than those listed in paragraphs (a) and (c) of this Section, or manufacturing uses, the maximum number of accessory off-street parking spaces permitted shall not exceed one space per 4,000 square feet of such community facility, commercial or manufacturing floor area or 100 spaces, whichever is less.
Where a development or enlargement contains a combination of uses for which parking regulations are set forth in Sections 13-11 (Permitted Parking for Residences) and 13-12 (Permitted Parking for Non-Residential Uses), the number of accessory off-street parking spaces for all such uses shall not exceed the number of spaces permitted for each use in accordance with the provisions of such Sections. However, in no event shall the maximum number exceed 225 accessory off-street parking spaces.
Public parking lots, with a maximum capacity of 150 spaces, are permitted in C1, C2, C4, C5, C6, C7, C8, M1-5, M1-6, M2 and M3 Districts, except that:
(a) no public parking lots shall be permitted within:
(1) the area shown on Map 1 (Area where public parking lots are not permitted in the midtown Manhattan Core) in Section 13-141;
(2) the area designated on Map 2 (Area where public parking lots are not permitted in the downtown Manhattan Core) in Section 13-141; and
(3) the Preservation Area of the Special Clinton District, as shown on the map in Appendix A of Article IX, Chapter 6; and
(b) for M1-5 or M1-6 Districts, public parking lots shall only be permitted in the following locations:
(1) north of 42nd Street and west of 10th Avenue;
(2) west of Ninth Avenue between 17th Street and 30th Street; and
(3) south of Canal Street.
In such districts, the City Planning Commission may permit a public parking lot in a location not allowed by this Section pursuant to the applicable special permit in Section 13-45 (Special Permits for Additional Parking Spaces). Any such proposed public parking lots located in the Preservation Area of the Special Clinton District shall also be subject to the additional findings set forth in Section 96-111 (Off-street parking regulations).
Public parking lots shall not be permitted in the areas shown on the following maps, except where permitted by Section 13-45 (Special Permits for Additional Parking Spaces).
Map 1 — Area where public parking lots are not permitted in the midtown Manhattan Core
Map 2 — Area where public parking lots are not permitted in the downtown Manhattan Core
Automotive equipment rental and leasing establishments, listed under Use Group VI, are permitted, provided that:
(a) in C1 or C2 Districts, the number of automobiles that may be stored in such establishments shall not exceed 150 spaces;
(b) in C4, C5, C6, C7 and C8 Districts, the number of automobiles that may be stored in such establishments shall not exceed 225 spaces; and
(c) in M1, M2 and M3 Districts, the number of automobiles that may be stored in such establishments shall not exceed 300 spaces.
All accessory off-street parking facilities, automobile rental establishments, and public parking lots developed, enlarged or extended in the Manhattan Core after May 8, 2013, shall comply with the applicable provisions of this Section, inclusive.
All accessory off-street parking spaces may be made available for public use. However, any such space shall be made available to the occupant of a residence to which it is accessory within 30 days after written request therefor is made to the landlord.
No accessory off-street parking spaces shall be located on a zoning lot other than the same zoning lot as the use to which they are accessory.
- Accessory off-street parking facilities and automobile rental establishments
All accessory off-street parking spaces shall be located within a completely enclosed building, with the exception of parking spaces accessory to a hospital listed under Use Group III(B), and as provided in Section 13-45 (Special Permits for Additional Parking Spaces). In addition, off-street parking spaces associated with an automobile rental establishment shall be located within a completely enclosed building.
The applicable streetscape provisions of Section 32-30, inclusive, shall apply to ground floor level portions of such facilities. - Public parking lots and certain permitted accessory parking lots
Public parking lots and open parking spaces accessory to a hospital shall provide screening in accordance with the provisions of 37-921 (Perimeter landscaping).
Floor Area
The definition of floor area in Section 12-10 shall be modified for purposes of this Chapter, as follows: floor space used for off-street parking spaces in an accessory automated parking facility up to a height of 40 feet above curb level shall be exempt from the definition of floor area upon certification of the Chairperson of the City Planning Commission, pursuant to the provisions of Section 13-432 (Floor area exemption for automated parking facilities).
Curb Cut Restrictions
Location of curb cuts
For accessory off-street parking facilities, automobile rental establishments and public parking lots, curb cuts are required for entry and exit to such parking facilities. Such curb cuts:
(a) shall not be permitted within 50 feet of the intersection of any two street lines, except where the Commissioner of Buildings certifies that such location:
(1) is not hazardous to traffic safety;
(2) is not likely to create traffic congestion; and
(3) will not unduly inhibit surface traffic or pedestrian flow.
The Commissioner of Buildings may refer such matter to the Department of Transportation, or its successor, for a report;
(b) shall not be located within two and one-half feet of any side lot line of the zoning lot, or prolongation thereof;
(c) for accessory off-street parking facilities and automobile rental establishments, shall not be located on a wide street, except where authorized pursuant to Section 13-441 (Curb cuts); and
(d) for public parking lots, shall not be permitted on the following wide streets, except where authorized pursuant to Section 13-441:
(1) 14th Street, from Fourth Avenue to Seventh Avenue;
(2) Avenue of the Americas, from 23rd Street to 32nd Street;
(3) Canal Street, from the Bowery to West Broadway;
(4) Church Street, from Park Place to Worth Street;
(5) Delancey Street, from Clinton Street to the west side of Orchard Street;
(6) Fifth Avenue;
(7) Seventh Avenue, from 23rd Street to 32nd Street; and
(8) Worth Street, from Centre Street to Church Street.
Maximum width of curb cuts
(a) Accessory off-street parking facilities
For curb cuts accessing off-street parking spaces accessory to residences in the Manhattan Core, the provisions of Sections 25-631 (Location and width of curb cuts in certain districts) and 36-532 (Location and width of curb cuts accessing residential parking spaces in certain districts) shall apply, as applicable.
In addition, the maximum width of a curb cut shall be 22 feet for curb cuts accessing off-street parking spaces accessory to residences in R9 or R10 Districts, C1 and C2 Districts mapped within R9 and R10 Districts, and in all other Commercial Districts where, as set forth in the tables in Section 34-112 or 35-23, as applicable, the equivalent Residence District is R9 or R10. This maximum curb cut width of 22 feet shall also apply to curb cuts accessing off-street parking spaces accessory to commercial or community facility uses, and to curb cuts accessing off-street parking facilities with parking spaces accessory to a mix of uses.
(b) Automobile rental establishments
For curb cuts accessing automobile rental establishments, the maximum width of a curb cut shall be 22 feet.
(c) Public parking lots
For curb cuts accessing public parking lots, the curb cut provisions of paragraph (c) of Section 36-58 (Parking Lot Maneuverability and Curb Cut Regulations) shall apply.
Reservoir Spaces
For the purpose of determining required reservoir spaces, fractions equal to or greater than one-half resulting from the calculations in this Section shall be considered to be one reservoir space. In no event shall the dimensions of any reservoir space be less than 18 feet long and 8 feet, 6 inches wide.
(a) Attended parking facilities
For attended accessory off-street parking facilities or public parking lots with more than 25 off-street parking spaces, off-street reservoir space at the vehicular entrance shall be provided to accommodate:
(1) five percent of the total number of parking spaces provided in parking facilities with more than 25 parking spaces and up to 50 parking spaces;
(2) ten percent of the total number of parking spaces provided in parking facilities with more than 50 parking spaces and up to 100 parking spaces;
(3) ten parking spaces in parking facilities with more than 100 off-street parking spaces and up to 200 parking spaces; and
(4) five percent of the total number of parking spaces provided in parking facilities with more than 200 off-street parking spaces. However such number of reservoir spaces need not exceed 50.
(b) Automated parking facilities
For automated parking facilities, off-street reservoir space at the vehicle entrance shall be provided at the rate set forth in paragraph (a) of this Section.
Each individual parking location where a driver is permitted to leave a vehicle for transfer to a mechanized automobile storage and retrieval unit shall constitute one reservoir space. Additional reservoir spaces may be located where drivers queue to access such locations for vehicle transfer.
In addition, the number of reservoir spaces required pursuant to this Section may be reduced where the Commissioner of Buildings determines that the operational characteristics of such automated parking facility warrant such a reduction.
(c) Automobile rental establishments
For automobile rental establishments, off-street reservoir space at the vehicle entrance shall be provided at the rate set forth in paragraph (a) of this Section.
(d) Self-parking facilities
For self-parking accessory off-street parking facilities and public parking lots where entering vehicles are required to stop before a mechanically operated barrier before entering such parking facility, such barrier shall be placed a minimum of 20 feet beyond the street line.
For all accessory off-street parking facilities, the following safety features shall be provided at all vehicular exit points:
(a) a stop sign which shall be clearly visible to drivers. Such signage shall comply with the standards set forth in the Manual of Uniform Traffic Control Devices (MUTCD) issued by the Federal Highway Administration (FHWA) for a conventional single lane road; and
(b) a speed bump, which shall be located within the exit lane of the parking facility. Such speed bump shall:
(1) span the width of the vehicular travel lane;
(2) have a minimum height of two inches, as measured from the adjoining grade of the exit lane, and a maximum depth of 12 inches; and
(3) shall be located a minimum of four feet beyond the street line, as measured perpendicular to the street line.
For all accessory off-street parking facilities and automobile rental establishments, the minimum and maximum size requirements for the parking zone for such parking facilities shall be set forth in this Section. The access zone of such parking facilities shall not have a minimum or maximum gross surface area.
For the purpose of calculating surface area in attended parking facilities with parking lift systems, the lifted tray upon which a vehicle is stored shall constitute surface area.
(a) Attended parking facilities
(1) For attended parking facilities without parking lift systems, the minimum gross surface area, in square feet, of the parking zone shall be 180 times the number of off-street parking spaces provided, and the maximum gross surface area, in square feet, of the parking zone shall not exceed 200 times the number of off-street parking spaces provided.
(2) For attended parking facilities with parking lift systems, the minimum and maximum surface area of the portion of the parking zone allocated to non-elevated parking spaces shall be calculated at the rate set forth in paragraph (a)(1) of this Section; and the surface area, in square feet, of the portion of the parking zone allocated to elevated parking spaces shall be 153 times the number of elevated spaces able to be provided on lifted trays.
(b) Automated parking facilities
No minimum or maximum surface area requirement shall be required in off-street parking facilities that the Commissioner of Buildings determines to be automated parking facilities.
(c) Automobile rental establishments
The maximum gross surface area, in square feet, of the parking zone of an automobile rental establishment, shall be established at the rate set forth in paragraph (a) of this Section.
(d) Self-park facilities
The gross surface area, in square feet, of the parking zone of a self-parking accessory off-street parking facility shall be a minimum of 300 times the number of off-street parking spaces provided, and a maximum of 350 times the number of off-street parking spaces provided. However, an area of less than 300 square feet, but in no event less than 200 square feet, may be considered as one space, where the layout and design of the parking area are adequate to permit convenient access and maneuvering in accordance with regulations promulgated by the Commissioner of Buildings.
Such minimum and maximum parking zone requirements of this Section may be modified by the Chairperson of the City Planning Commission pursuant to the certification set forth in Section 13-431 (Reduction of minimum facility size).
All accessory off-street loading berths provided in the Manhattan Core after May 8, 2013, shall comply with the applicable provisions of this Section, inclusive.
Floor Area Exemption
In addition to the floor area exemption for accessory off-street loading berths set forth in Section 12-10 (DEFINITIONS), for buildings with a total floor area in excess of 100,000 square feet, up to 300 square feet of floor space may be exempted from the definition of floor area where such buildings allocate a permanent space for dumpster storage, and such storage space has a minimum dimension of 12 feet by 25 feet. Such dumpster storage space shall be adjacent to a building’s loading berth.
The provisions of Sections 25-75 (Location of Access to the Street), 36-63 and 44-53 (Waiver of Requirements for All Zoning Lots Where Access Would Be Forbidden) shall be modified to allow the Commissioner of Buildings to reduce or waive the applicable loading berth requirements, provided that:
(a) the zoning lot only has frontage upon a street, or portion thereof, where curb cuts or entrances and exits to accessory off-street loading berths are not permitted;
(b) the zoning lot has frontage along a street where curb cuts accessing a loading berth are otherwise permitted, but there is no access to such zoning lot from the street due to the presence of:
(1) a building, existing on May 8, 2013, containing residences ;
(2) a non-residential building, existing on May 8, 2013, that is three or more stories in height; or
(3) a building designated as a landmark or considered a contributing building in an Historic District designated by the Landmarks Preservation Commission; or
(c) there are subsurface conditions, ventilation requirements from below-grade infrastructure or other site planning constraints that would make accommodating such loading berths infeasible.
In the case of paragraph (c), as set forth in this Section, the Commissioner shall require a loading berth of not less than 33 feet in depth, if such a berth can be accommodated in consideration of the relevant site restraints. The Commissioner of Buildings may request reports from licensed engineers or registered architects in considering such reduction or waiver.
General Provisions
The City Planning Commission may grant certifications, authorizations and special permits in accordance with Section 13-40, inclusive. All such special permits and authorizations, in addition to meeting the requirements, conditions and safeguards prescribed by the Commission as specified in this Section, shall conform to and comply with all of the applicable regulations, except as otherwise specified herein.
An application to the City Planning Commission for the grant of a certification, authorization or special permit under the provisions of Section 13-40 shall include a site plan showing the location of all existing and proposed buildings or other structures on the zoning lot, the location of all vehicular entrances and exits and off-street parking spaces, and such other information as may be required by the Commission.
An off-street parking facility in the Manhattan Core may provide a gross unobstructed surface area less than the minimum size required by Section 13-27 (Minimum and Maximum Size of Parking Facilities) upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings that the proposed layout of such parking facility, including, but not limited to, the arrangement of parking spaces, travel aisles and reservoir spaces, where applicable, is sufficient to accommodate the requisite vehicular navigation and turning movements associated with such a facility. In order to make such a determination, the applicant shall provide the Chairperson with dimensioned plan drawings that depict the proposed vehicular movement through the facility, including any relevant maneuverability or turning radius information.
Where the Chairperson certifies that an accessory off-street parking facility may be reduced in size because vehicles will be limited in length, such restriction shall be noted on the certificate of occupancy.
Floor space used for off-street parking spaces in an accessory automated parking facility, up to a height of 40 feet above curb level, shall be exempt from the definition of floor area upon certification of the Chairperson of the City Planning Commission to the Commissioner of Buildings that:
(a) the entire automated parking facility will be contained within a completely enclosed building;
(b) the portion of the street wall of such automated parking facility below a height of 14 feet, as measured above curb level, complies with the screening provisions of Section 13-22 (Enclosure and Screening Requirements), and the portion of the street wall above a height of 14 feet, will be similar in composition to the portion of the building’s street wall immediately above such automated parking facility, including, but not limited to, the choice of building materials and arrangement and amount thereof; and
(c) such automated parking facility is within a building with a floor area ratio of at least 2.0.
Any application for such certification shall include relevant plan, elevation and section drawings demonstrating compliance with the provisions of this Section.
A copy of an application for certification pursuant to this Section shall be sent by the Department of City Planning to the affected Community Board, which may review such proposal and submit comments to the Chairperson of the City Planning Commission. If the Community Board elects to comment on such application, it must be done within 30 days of receipt of such application. The Chairperson will not act on such application until the Community Board’s comments have been received, or the 30 day comment period has expired, whichever is earlier.
Curb cuts
The City Planning Commission may authorize, subject to the applicable zoning district regulations, curb cuts located on a wide street, provided the Commission finds that a curb cut at such a location:
(a) is not hazardous to traffic safety;
(b) will not create or contribute to serious traffic congestion, or unduly inhibit vehicular movement;
(c) will not adversely affect pedestrian movement;
(d) will not interfere with the efficient functioning of bus lanes, specially designated streets or public transit facilities; and
(e) will not be inconsistent with the character of the existing streetscape.
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.
The City Planning Commission may, by authorization, allow an off-street parking facility in the Manhattan Core with a maximum capacity of 15 spaces in an existing building developed without the provision of parking, provided that the conditions of paragraph (a) and the findings of paragraph (b) of this Section are met.
(a) Conditions
As a condition for approval, the parking facility shall comply with the applicable provisions of Section 13-20 (SPECIAL RULES FOR MANHATTAN CORE PARKING FACILITIES), except that such parking facility need not comply with the provisions of Section 13-22 (Enclosure and Screening Requirements).
(b) Findings
The Commission shall find that:
(1) the location of the vehicular entrances and exits to the parking facility will not unduly interrupt the flow of pedestrian traffic associated with uses or public facilities, including access points to mass transit facilities in close proximity thereto, or result in any undue conflict between pedestrian and vehicular movements, due to the entering and leaving movement of vehicles;
(2) the location of the vehicular entrances and exits to such parking facility will not interfere with the efficient functioning of streets, including any lanes designated for specific types of users or vehicles, due to the entering and leaving movement of vehicles;
(3) such use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow; and
(4) such parking facility will not be inconsistent with the character of the existing streetscape.
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.
For off-street parking facilities built prior to May 8, 2013, the City Planning Commission may authorize a reduction in the number of required accessory off-street parking spaces where the Commission finds that such reduction will not have undue adverse effects on residents, businesses or community facilities in the surrounding area, as applicable.
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.
In accordance with the special permit provisions of Sections 13-451 through 13-455, the City Planning Commission may permit the off-street parking facilities listed in paragraph (a) of this Section, provided that such parking facilities comply with the conditions of paragraph (b) and the findings of paragraphs (c) and (d) of this Section.
(a) Eligible parking facilities
The City Planning Commission may permit, subject to the otherwise applicable zoning district regulations:
(1) accessory off-street parking facilities on-site or off-site, open or enclosed, with any capacity, where such facilities:
(i) are proposed developments or enlargements with a capacity not otherwise allowed under the applicable regulations of Section 13-10 (PERMITTED OFF-STREET PARKING IN THE MANHATTAN CORE); or
(ii) are existing prior to May 8, 2013, and increasing the number of parking spaces, pursuant to the provisions of Section 13-07 (Existing Buildings and Off-street Parking Facilities);
(2) public parking lots, where such facilities:
(i) are proposed developments or enlargements with any capacity not otherwise allowed under the applicable regulations of Section 13-10;
(ii) are existing prior to May 8, 2013, and increasing the number of parking spaces, pursuant to the provisions of Section 13-07; or
(iii) are proposed developments or enlargements in locations not permitted by Section 13-14 (Permitted Parking in Public Parking Lots);
(3) public parking garages, where such facilities:
(i) are proposed developments or enlargements in the zoning districts permitted, pursuant to paragraph (d) of Section 13-041 (Applicability of parking regulations within the Manhattan Core); or
(ii) are existing prior to May 8, 2013, and increasing the number of parking spaces pursuant to the provisions of Section 13-07.
The Commission may also permit floor space in such public parking garages used for off-street parking spaces in any story located not more than 23 feet above curb level to be exempt from the definition of floor area, as set forth in Section 12-10.
(b) Conditions
The proposed parking facility shall comply with the applicable provisions of Section 13-20 (SPECIAL RULES FOR MANHATTAN CORE PARKING FACILITIES). Proposed public parking garages shall utilize the applicable regulations for accessory off-street parking facilities. However, applications to increase the number of parking spaces in parking facilities existing prior to May 8, 2013, need not comply with the provisions of Section 13-22 (Enclosure and Screening Requirements).
(c) Findings
The Commission shall find that:
(1) the location of the vehicular entrances and exits to such parking facility will not unduly interrupt the flow of pedestrian traffic associated with uses or public facilities, including access points to mass transit facilities in close proximity thereto, or result in any undue conflict between pedestrian and vehicular movements, due to the entering and leaving movement of vehicles;
(2) the location of the vehicular entrances and exits to such parking facility will not interfere with the efficient functioning of streets, including any lanes designated for specific types of users or vehicles, due to the entering and leaving movement of vehicles;
(3) such use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow;
(4) for public parking garages, that where any floor space is exempted from the definition of floor area, such additional floor space is needed in order to prevent excessive on-street parking demand and relieve traffic congestion; and
(5) such parking facility will not be inconsistent with the character of the existing streetscape.
(d) Additional findings
The Commission shall also find that each proposed off-street parking facility complies with the additional findings set forth in one of the following Sections, as applicable:
(1) Section 13-451 (Additional parking spaces for residential growth) shall apply to any such parking facility serving the parking needs of a predominantly residential development or enlargement on a tract of land that has or will have an area of less than 1.5 acres;
(2) Section 13-452 (Additional parking spaces for health care, arts or public assembly uses) shall apply to any such parking facility serving the parking needs of any use listed in paragraph (a) of Section 13-452 on a tract of land that has or will have an area of less than 1.5 acres;
(3) Section 13-453 (Additional parking spaces for economic development uses) shall apply to any such parking facility serving the parking needs of a non-residential use not otherwise listed in paragraph (a) of Section 13-452 on a tract of land that has or will have an area of less than 1.5 acres;
(4) Section 13-454 (Additional parking spaces for large development sites) shall apply to any such parking facility serving the parking needs of a large-scale development or any other development or enlargement on a tract of land that has or will have an area of at least 1.5 acres; or
(5) Section 13-455 (Additional parking spaces for existing accessory off-street parking facilities) shall apply to any such accessory parking facility existing prior to May 8, 2013.
In determining the amount of additional parking spaces to grant pursuant to such additional findings, the Commission may take into account levels of vacancy in existing off-street parking facilities within the area of the proposed parking facility.
The City Planning Commission may permit a parking facility listed in paragraph (a) of Section 13-45 (Special Permits for Additional Parking Spaces), where such parking facility serves the parking needs of a predominantly residential development or enlargement, provided that, in addition to the conditions and findings set forth in Section 13-45, the Commission shall find that either:
(a) the number of off-street parking spaces in such proposed parking facility is reasonable and not excessive in relation to recent trends in close proximity to the proposed facility with regard to:
(1) the increase in the number of dwelling units ; and
(2) the number of both public and accessory off-street parking spaces, taking into account both the construction, if any, of new off-street parking facilities and the reduction, if any, in the number of such spaces in existing parking facilities. In making this determination, the Commission may take into account off-street parking facilities for which building permits have been granted, or which have obtained City Planning Commission special permits pursuant to Section 13-45; or
(b) the proposed ratio of parking spaces to dwelling units in the proposed development or enlargement does not exceed:
(1) 20 percent of the total number of dwelling units, where such units are located within Community District 1, 2, 3, 4, 5 or 6; or
(2) 35 percent of the total number of dwelling units, where such units are located within Community District 7 or 8.
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.
The City Planning Commission may permit a parking facility listed in paragraph (a) of Section 13-45 (Special Permits for Additional Parking Spaces), where such parking facility would serve the parking needs of a health care, arts or public assembly use, provided that, in addition to the conditions and findings set forth in Section 13-45, the Commission shall find that:
(a) the proposed parking facility is either in close proximity to or on the same zoning lot as one or more of the following uses :
(1) non-profit, voluntary or proprietary hospitals and related facilities, listed under Use Group III(B)
(2) museums, listed in Use Group III(B);
(3) art, music, dancing or theatrical studios, or theaters, listed under Use Group VIII; or
(4) an arena, auditorium, trade exposition or stadium, listed under Use Group VIII or, where permitted by special permit, pursuant to Section 74-182 or other government agency approvals;
(b) an increased number of permitted off-street parking spaces in such proposed parking facility is essential to the operation of such health care, arts or public assembly use; and
(c) reasonable measures to minimize parking demand have been identified. For existing or enlarged health care, arts or public assembly uses, such measures shall have been implemented, where feasible, prior to application, and a commitment by the applicant shall be made, in a form acceptable to the Commission, to continue and, where necessary, improve upon and supplement such measures. For new health care, arts or public assembly uses, such measures shall be committed to in a form acceptable to the Commission.
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.
The City Planning Commission may permit a parking facility listed in paragraph (a) of Section 13-45 (Special Permits for Additional Parking Spaces), where such parking facility serves the parking needs of a non-residential use not otherwise listed in paragraph (a) of Section 13-452, provided that, in addition to the conditions and findings set forth in Section 13-45, the Commission shall find that:
(a) the proposed parking facility is in close proximity to or on the same zoning lot as a commercial use, community facility use or manufacturing use that is of significant importance to the economic well-being of the City of New York;
(b) an increased number of permitted off-street parking spaces in such proposed parking facility is essential to the operation of such use; and
(c) reasonable measures to minimize parking demand have been identified. For existing or enlarged uses, such measures shall have been implemented, where feasible, prior to application, and a commitment by the applicant shall be made, in a form acceptable to the Commission, to continue and, where necessary, improve upon and supplement such measures. For new uses, such measures shall be committed to in a form acceptable to the Commission.
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.
The City Planning Commission may permit a parking facility listed in paragraph (a) of Section 13-45 (Special Permits for Additional Parking Spaces), where such parking facility serves the parking needs of a large-scale development or any other development or enlargement on a tract of land exceeding 1.5 acres, provided that, in addition to the conditions and findings set forth in Section 13-45, the Commission shall find that:
(a) where an increased number of permitted off-street parking spaces in such proposed parking facility would serve the parking needs of a predominantly residential development or enlargement, either finding (a) or finding (b) of Section 13-451 (Additional parking spaces for residential growth) is met; or
(b) where such proposed parking facility would serve the parking needs of a predominantly non-residential development or enlargement, an increased number of permitted off-street parking spaces in such proposed parking facility is essential to the operation of the non-residential uses in such development or enlargement ; and
(c) where a parking deficit is created by the relocation of parking users from off-street parking spaces that will be eliminated through the proposed development or enlargement, the availability of off-street parking in the vicinity of such proposed development or enlargement will be of insufficient capacity to accommodate such potential parking users;
(d) reasonable measures to minimize parking demand have been identified. For existing or enlarged uses, such measures shall have been implemented, where feasible, prior to application, and a commitment by the applicant shall be made, in a form acceptable to the Commission, to continue, and where necessary, improve upon and supplement such measures. For new uses, such measures shall be committed to in a form acceptable to the Commission; and
(e) where phased construction will occur in the large-scale development, or development or enlargement on a tract of land exceeding 1.5 acres, a phased parking plan has been provided that demonstrates that a reasonable and not excessive amount of additional parking spaces is provided in the proposed parking facility in relation to the amount of completed construction within each phase.
The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.
The City Planning Commission may permit an increase in the number of spaces in an accessory off-street parking facility existing prior to May 8, 2013, as listed in paragraph (a) of Section 13-45 (Special Permits for Additional Parking Spaces), provided that, in addition to the conditions and findings set forth in Section 13-45, the Commission shall find that:
(a) where such increased number of permitted off-street parking spaces in such existing parking facility would serve the parking needs of a zoning lot or zoning lots comprised predominantly of residential uses, either:
(1) finding (a) of Section 13-451 (Additional parking spaces for residential growth) is met; or
(2) the sum of any existing off-street parking spaces, and the proposed increase, does not exceed:
(i) 20 percent of the total number of dwelling units, where such units are located within Community District 1, 2, 3, 4, 5 or 6; or
(ii) 35 percent of the total number of dwelling units, where such units are located within Community District 7 or 8; and
(iii) the number of parking spaces that would be permitted for existing conforming non-residential uses, if the ratio of parking spaces to floor area for the applicable use, as specified in Section 13-10 (PERMITTED OFF-STREET PARKING IN THE MANHATTAN CORE), were applied.
Any dwelling units on the zoning lot or zoning lots which are non-complying as to density shall not be included in such calculation pursuant to paragraphs (a)(2)(i) or (a)(2)(ii) of this Section, and any non-complying floor area on such zoning lot or zoning lots shall be excluded in applying such ratio in paragraph (a)(2)(iii) of this Section; or
(b) where an increased number of permitted off-street parking spaces in such existing parking facility would serve the parking needs of a zoning lot or zoning lots comprised predominantly of conforming non-residential uses, the sum of any existing off-street parking spaces, and the proposed increase, does not exceed the number of parking spaces that would be permitted if the ratio of parking spaces to floor area for the applicable use, as specified in Section 13-10, were applied. Any non-complying floor area on such zoning lot or zoning lots shall be excluded in applying such ratio.
