13-45

Special Permits for Additional Parking Spaces

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 13-221 (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.

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