In C1-5, C1-6, C1-7, C1-8 or C1-9 Districts, the City Planning Commission may permit public parking garages or public parking lots with a capacity of not more than 100 spaces, and in C2-5, C2-6, C2-7, C2-8, C4-5, C4-5A, C4-5X, C4-6, C4-7, C6, C8-4, M1-4, M1-5, M1-6, M2-3, M2-4 or M3-2 Districts, the Commission may permit public parking garages with any capacity or public parking lots with more than 150 spaces, and in C5 and C6-1A Districts, the Commission may permit public parking garages or public parking lots with any capacity, provided that the applicable regulations set forth in Sections 36-53 (Width of Curb Cuts and Location of Access to the Street) or 44-43 (Location of Access to the Street), Sections 36-55 or 44-44 (Surfacing) and Sections 36-56 or 44-45 (Screening) are met.

The Commission may permit some of such spaces to be located on the roof of such public parking garage, or may permit floor space on one or more stories and up to a height of 23 feet above curb level, to be exempted from the definition of floor area as set forth in Section 12-10 (DEFINITIONS). As a condition of permitting such use, the Commission shall make the following findings:

(a)        that such use will not be incompatible with, or adversely affect the growth and development of, uses comprising vital and essential functions in the general area within which such use is to be located;

(b)        that such use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow;

(c)        that such use is so located as to draw a minimum of vehicular traffic to and through local streets in nearby residential areas;

(d)        that such use has adequate reservoir space at the vehicular entrances to accommodate automobiles equivalent in number to 20 percent of the total number of spaces up to 50 and five percent of any spaces in excess of 200, but in no event shall such reservoir space be required for more than 50 automobiles;

(e)        that the streets providing access to such use will be adequate to handle the traffic generated thereby;

(f)        that, where roof parking is permitted, such roof parking is so located as not to impair the essential character or future use or development of adjacent areas; and

(g)        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.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area including limitations on signs, or requirements for shielding of floodlights, for locations of entrances and exits, or for setback of any roof parking areas from lot lines.

This Section shall not apply to the Manhattan Core where the regulations set forth in Article I, Chapter 3, shall apply, except as provided in Section 13-06 (Previously Filed or Approved Special Permits or Authorizations).