Chapter 6 - Accessory Off-Street Parking and Loading Regulations

The City of New York
Bill de Blasio, Mayor
City Planning Commission
Marisa Lago, Chair

The following regulations on permitted and required accessory off-street parking spaces and accessory bicycle parking spaces are adopted in order to provide parking spaces off the streets sufficient to give necessary access to developing centers of commerce outside the high density central areas, to reduce traffic congestion caused by parking on the streets, to prevent substantial amounts of traffic from circulating in and parking on residential streets surrounding commercial centers, to provide for a higher standard of commercial development 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 and required accessory off-street parking spaces and accessory bicycle parking spaces apply to residences, community facility uses or commercial uses, as set forth in the provisions of the various Sections. In addition, the regulations of this Chapter, or of specified Sections thereof, also apply in other provisions of this Resolution where they are incorporated by cross reference.

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 a C4-1 District shall apply to non- profit hospital staff dwellings located in C1 or C2 Districts mapped within R1, R2 and R3 Districts, and to C3 Districts;

(b)        the regulations of a C4-2 District shall apply to non- profit hospital staff dwellings located in C1 or C2 Districts mapped within R4 and R5 Districts, and to C4-1 and C8-1 Districts; and

(c)        the regulations of a C4-7 District shall apply to non- profit hospital staff dwellings located in C1 or C2 Districts mapped within R6 through R10 Districts, and to C1- 6, C1-7, C1-8, C1-9, C2-6, C2-7, C2-8, C4-2, C4-3, C4-4, C4- 5, C4-6, C4-7, C5, C6, C8-2, C8-3 and C8-4 Districts.

In C6-1A Districts, the parking requirements of C4-4 Districts as set forth in Section 36-20 (REQUIRED ACCESSORY OFF-STREET PARKING SPACES FOR COMMERCIAL OR COMMUNITY FACILITY USES) shall apply to commercial or community facility uses. However, for all office uses listed in Use Group 6B of Section 32-15 (Use Group 6), there shall be one parking space per 4,000 square feet of floor area.

In C4-1 Districts, for zoning lots having a lot area in excess of four acres, all group parking facilities that are accessory to commercial developments or enlargements shall be subject to authorization by the City Planning Commission to assure that the layout of such parking spaces is arranged and located in relation to the use or uses to which such spaces are accessory, so as to provide adequate ingress, egress and circulation with respect to abutting streets or uses.

For such zoning lots, the Commission may also authorize a reduction of the parking requirement of Section 36-21 (General Provisions) by an amount not to exceed 50 percent, provided that the Commission finds that the applicant has demonstrated that the proposed parking is sufficient for the use proposed.

Furthermore, notwithstanding the applicability requirements of Sections 36-58 (Parking Lot Maneuverability and Curb Cut Regulations), paragraph (a), and 37-91, the Commission shall find that such group parking facilities of any size comply with the maneuverability and landscaping provisions of Sections 36-58 and 37-90 (PARKING LOTS), inclusive. For group parking facilities accessory to enlargements, the Commission may authorize modifications or waivers of such provisions, provided the Commission finds that:

(a)        maneuverability and curb cut regulations have been complied with to the maximum extent practicable;

(b)        the amount of perimeter landscaped areas have been provided to the maximum extent practicable;

(c)        the amount of interior planting islands and their distribution throughout the parking lot have been provided to the maximum extent practicable; and

(d)        perimeter landscaped areas and interior planting islands have been engineered to absorb storm water runoff to the maximum extent practicable.

The Commission may request reports from licensed engineers and landscape architects in considering such modifications.

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.

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

In Commercial Districts where residential uses are governed by the bulk regulations of R7-3 Districts, the accessory off- street parking regulations of R7-2 Districts shall apply to residential uses.

36-03

Definitions

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

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, except as otherwise provided in Section 85-03 (Modifications of Use Regulations), accessory off-street parking spaces may be provided for all permitted uses subject to the applicable provisions set forth in Section 36-12 (Maximum Size of Accessory Group Parking Facilities). Such accessory off-street parking spaces may be open or enclosed. However, except as otherwise provided in Sections 73-49 (Roof Parking) or 74-531 (Additional parking spaces or roof parking for accessory group parking facilities), no spaces shall be located on any roof which is immediately above a story other than a basement.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, no accessory group parking facility shall contain more than 150 off-street parking spaces or, in the case of a Quality Housing building, more than 200 spaces, except as provided in Section 36-13 (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 36-57 (Accessory Off-street Parking Spaces in Public Garages).

C1 C2 C3 C4 C5 C6 C7 C8

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 36-12 (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)        if accessory to a commercial or community facility use, is located on a street not less than 60 feet in width; and

(c)        if accessory to a commercial use, has adequate reservoir space at the entrance 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 36-57 (Accessory Off- street Parking Spaces in Public Garages).

C1 C2 C3 C4 C5 C6 C7 C8

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 36-57 (Accessory Off- street Parking Spaces in Public Garages).

C1 C2 C3 C4 C5 C6 C7 C8

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 developments after December 15, 1961, for the commercial or community facility uses listed in the table. If an enlargement results in a net increase in the floor area or other applicable unit of measurement specified in the table, the same requirements set forth in the table shall apply to such net increase in the floor area or other specified unit of measurement. In addition, all other applicable requirements of this Chapter shall apply as a condition precedent to the use of such development or enlargement.

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 that may be accommodated by such uses.

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

(a)        when, as a result of the application of such requirements, a smaller number of spaces would be required than is specified by the provisions of Section 36-23 (Waiver of Requirements for Spaces Below Minimum Number);

(b)        when the Commissioner of Buildings has certified, in accordance with the provisions of Section 36-24 (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 36-53 (Width of Curb Cuts and Location of Access to the Street);

(c)        for houses of worship, in accordance with the provisions of Section 36-25 (Waiver for Locally Oriented Houses of Worship);

(d)        for ambulatory diagnostic or treatment health care facilities, as listed in Section 22-14 (Use Group 4), or child care services, as listed under the definition of school in Section 12-10 (DEFINITIONS), pursuant to Section 36-27 (Waiver for Certain Small Zoning Lots) in the Borough of Staten Island and Community District 10 in the Borough of the Bronx.

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

Type of Use

Parking Spaces Required in Relation to Specified Unit of Measurement

Districts

FOR COMMERCIAL USES

Court houses

None required

C1-5  C1-6  C1-7  C1-8  C1-9  C2-5  C2-6  C2-7  C2-8  C4-4A  C4-4L  C4-5  C4-5A  C4-5X  C4-6  C4-7  C5  C6  C8-4

1 per 500 sq. ft. of floor area

C1-1  C2-1  C3  C4-1

1 per 800 sq. ft. of floor area

C1-2  C2-2  C4-2  C8-1

1 per 1,000 sq. ft. of floor area

C1-3  C2-3  C4-2A  C4-3  C8-2

1 per 2,000 sq. ft. of floor area

C1-4  C2-4  C4-4  C4-5D  C8-3

Food stores with 2,000 or more square feet of floor area per establishment. Uses in PRC-A in Use Group 6

None required

C1-5  C1-6  C1-7  C1-8  C1-9  C2-5  C2-6  C2-7  C2-8  C4-4A  C4-4L  C4-5  C4-5A  C4-5X  C4-6  C4-7  C5  C6  C8-4

1 per 100 sq. ft. of floor area

C1-1  C2-1  C4-1

1 per 200 sq. ft. of floor area

C1-2  C2-2  C4-2  C8-1

1 per 300 sq. ft. of floor area

C1-3  C2-3  C4-2A  C4-3  C7  C8-2

1 per 1,000 sq. ft. of floor area

C1-4  C2-4  C4-4  C4-5D  C8-3

General retail or service uses. Food stores with less than 2,000 square feet of floor area. Uses in PRC-B in Use Group 6, 8, 9, 10 or 12 or when permitted by special permit; or uses in PRC-B1 in Use Group 6, 7, 8, 9, 10, 11, 13, 14 or 16

None required

C1-5  C1-6  C1-7  C1-8  C1-9  C2-5  C2-6  C2-7  C2-8  C4-4A  C4-4L  C4-5  C4-5A  C4-5X  C4-6  C4-7  C5  C6  C8-4

1 per 150 sq. ft. of floor area1 

C1-1  C2-1  C3  C4-1

1 per 300 sq. ft. of floor area1 

C1-2  C2-2  C4-2  C8-1

1 per 400 sq. ft. of floor area1 

C1-3  C2-3  C4-2A  C4-3  C7  C8-2

1 per 1,000 sq. ft. of floor area

C1-4  C2-4  C4-4  C4-5D  C8-3

Light manufacturing or semi-industrial uses. Uses in PRC-F in Use Group 11 or 16, and with a minimum of either 7,500 square feet of floor area or 15 employees

None required

C5  C6  C8-4

1 per 1,000 sq. ft. of floor area, or 1 per 3 employees, whichever will require a larger number of spaces

C8-1  C8-2  C8-3

Low traffic-generating uses. Uses in PRC-C in Use Group 6, 7, 9, 12, 13, 14 or 16 or when permitted by special permit

None required

C1-5  C1-6  C1-7  C1-8  C1-9  C2-5  C2-6  C2-7  C2-8  C4-4A  C4-4L  C4-5  C4-5A  C4-5X  C4-6  C4-7  C5  C6  C8-4

1 per 400 sq. ft. of floor area

C1-1  C2-1  C3  C4-1

1 per 600 sq. ft. of floor area

C1-2  C2-2  C4-2  C8-1

1 per 800 sq. ft. of floor area

C1-3  C2-3  C4-2A  C4-3  C7  C8-2

1 per 1,000 sq. ft. of floor area

C1-4  C2-4  C4-4  C4-5D  C8-3

Places of assembly. Uses in PRC-D in Use Group 6, 8, 9, 10, 12, 13 or 14 or when permitted by special permit

None required

C1-5  C1-6  C1-7  C1-8  C1-9  C2-5  C2-6  C2-7  C2-8  C4-4A  C4-4L  C4-5  C4-5A  C4-5X  C4-6  C4-7  C5  C6  C8-4

1 per 4 persons rated capacity

C1-1  C2-1  C3  C4-1

1 per 8 persons rated capacity

C1-2  C2-2  C4-2  C8-1

1 per 12 persons rated capacity

C1-3  C2-3  C4-2A  C4-3  C7  C8-2

1 per 25 persons rated capacity

C1-4  C2-4  C4-4  C4-5D  C8-3

Open commercial amusements. Uses in PRC-E in Use Group 13 or 15, or when permitted by special permit

None required

C8-3  C8-4

1 per 500 sq. ft. of lot area2

C3  C8-1

1 per 2,000 sq. ft. of lot area2

C7  C8-2

Storage or miscellaneous uses. Uses in PRC-G in Use Group 10 or 16, or when permitted by special permit, and with a minimum of 10,000 square feet of floor area or 15 employees

None required

C4-4A  C4-4L  C4-5  C4-5A  C4-5X  C4-6  C4-7  C5  C6  C8-4

1 per 2,000 sq. ft. of floor area3, or 1 per 3 employees, whichever will require a lesser number of spaces

C4-1  C4-2  C4-3  C4-4  C4-5D  C8-1  C8-2  C8-3

Other commercial uses. Uses in PRC-H in Use Group 5, 6, 7, 8, 9, 10, 13 or 14, or when permitted by special permit

Boatels

1 per 2 guest rooms or suites

C2  C3  C6  C8

Camps, overnight or day, with a minimum of either 10,000 square feet of lot area or 10 employees

1 per 2,000 sq. ft. of lot area, or 1 per 3 employees; whichever will require a lesser number of spaces

C1  C2  C3  C7  C8

Docks for non-commercial pleasure boats; rental boats; ferries; sightseeing, excursion or sport fishing vessels; or passenger ocean vessels

(see Section 62-43 for parking requirement)

Funeral establishments

None required

C1-5  C1-6  C1-7  C1-8  C1-9  C2-5  C2-6  C2-7  C2-8  C4-4A  C4-4L  C4-5  C4-5A  C4-5X  C4-6  C4-7  C6  C8-4

1 per 200 sq. ft. of floor area

C1-1  C2-1  C4-1

1 per 400 sq. ft. of floor area

C1-2  C2-2  C4-2  C8-1

1 per 600 sq. ft. of floor area

C1-3  C4-3  C1-4  C4-4  C2-3  C2-4  C4-2A  C4-5D  C8-2  C8-3

Hotels

(a) For that floor area used for sleeping accommodations

None required

C1-5  C1-6  C1-7  C1-8  C1-9  C2-5  C2-6  C2-7  C2-8  C4-4A  C4-4L  C4-5  C4-5A  C4-5X  C4-6  C4-7  C5  C6  C8-4

1 per 4 guest rooms or suites

C2-1  C4-1

1 per 8 guest rooms or suites

C2-2  C4-2  C8-1

1 per 12 guest rooms or suites

C2-3  C2-4  C4-2A  C4-3  C4-4  C4-5D  C8-2  C8-3

(b) For that floor area used for meeting halls, auditoriums, eating or drinking places, wedding chapels or banquet halls, or radio or television studios

None required

C1-5  C1-6  C1-7  C1-8  C1-9  C2-5  C2-6  C2-7  C2-8  C4-4A  C4-4L  C4-5  C4-5A  C4-5X  C4-6  C4-7  C5  C6  C8-4

1 per 4 persons-rated capacity

C2-1  C4-1

1 per 8 persons-rated capacity

C2-2  C4-2  C8-1

1 per 12 persons-rated capacity

C2-3  C4-2A  C4-3  C8-2

1 per 25 persons-rated capacity

C2-4  C4-4  C4-5D  C8-3

Motels or tourist cabins

1 per guest room or suite

C2  C6  C8

Post offices

None required

C1-5  C1-6  C1-7  C1-8  C1-9  C2-5  C2-6  C2-7  C2-8  C4-4A  C4-4L  C4-5  C4-5A  C4-5X  C4-6  C4-7  C5  C6  C8-4

1 per 800 sq. ft. of floor area

C1-1  C2-1  C3  C4-1

1 per 1,200 sq. ft. of floor area

C1-2  C2-2  C4-2  C8-1

1 per 1,500 sq. ft. of floor area

C1-3  C2-3  C4-2A  C4-3  C8-2

1 per 2,000 sq. ft. of floor area

C1-4  C2-4  C4-4  C4-5D  C8-3

Prisons

None required

C4-4  C4-5  C4-6  C4-7  C6  C8-3  C8-4

1 per 10 beds-rated capacity

C4-1  C4-2  C8-1

1 per 20 beds-rated capacity

C4-2A  C4-3  C8-2

Refreshment stands, drive-ins

1 per 50 sq. ft. of floor area

C2-1  C2-2  C2-3  C7 C8-1  C8-2

1 per 100 sq. ft. of floor area

C2-4  C2-5  C2-6  C2-7  C2-8  C6  C8-3  C8-4

FOR COMMUNITY FACILITY USES

Agricultural uses, including greenhouses, nurseries or truck gardens

None required

C1-4  C1-5  C1-6  C1-7  C1-8  C1-9  C2-4  C2-5  C2-6  C2-7  C2-8  C4-4  C4-5  C4-6  C4-7  C5  C6  C8-3  C8-4

1 per 1,000 sq. ft. of lot area used for selling purposes

C1-1  C1-2  C2-1  C2-2  C3  C4-1  C4-2  C8-1

1 per 2,500 sq. ft. of lot area used for selling purposes

C1-3  C2-3  C4-2A  C4-3  C8-2

Ambulatory diagnostic or treatment health care facilities listed in Use Group 4

None required

C1-5  C1-6  C1-7  C1-8  C1-9  C2-5  C2-6  C2-7  C2-8  C4-4A  C4-4L  C4-5  C4-5A  C4-5X  C4-6 C4-7  C5  C6  C8-4

1 per 1501 sq. ft. of floor area and cellar space, except cellar space used for storage

C1-1  C2-1  C3  C4-1

1 per 3001 sq. ft. of floor area and cellar space, except cellar space used for storage

C1-2  C2-2  C4-2  C8-1

1 per 4001 sq. ft. of floor area and cellar space, except cellar space used for storage

C1-3  C2-3  C4-2A  C4-3  C7  C8-2

1 per 1,000 sq. ft. of floor area and cellar space, except cellar space used for storage

C1-4  C2-4  C4-4  C4-5D  C8-3

1 per 400 sq. ft. of floor area when located above the first story ceiling

C1-1, C1-2, C2-1 and C2-2 Districts mapped within R3-2 Districts

1 per 400 sq. ft. of floor area and cellar space, except cellar space used for storage, when located in community facility buildings or when located above the first story ceiling in buildings with both commercial and community facility uses

C1-1, C1-2, C2-1 and C2-2 Districts mapped within R1, R2, R3A, R3X and R3-1 Districts, and C4-1 and C4-2 Districts, in the Borough of Staten Island and Community District 10 in the Borough of the Bronx

Child care services, as listed under the definition of school in Section 12-10 (DEFINITIONS), in lower density growth management areas

1 per 1000 sq. ft. when located in community facility buildings or when located above the first story ceiling in buildings with both commercial and community facility uses

C1-1, C1- 2, C2-1 and C2-2 Districts mapped within R1, R2, R3A, R3X and R3-1 Districts, and C4-1 and C4-2 Districts, in the Borough of Staten Island and Community District 10 in the Borough of the Bronx

Clubs, community centers or settlement houses; philanthropic or non-profit institutions without sleeping accommodations excluding ambulatory diagnostic or treatment health care facilities listed in Use Group 4; golf course club houses; non-commercial recreation centers; or welfare centers

None required

C1-4  C1-5  C1-6  C1-7  C1-8  C1-9  C2-4  C2-5  C2-6  C2-7  C2-8  C4-4  C4-5  C4-6  C4-7  C5  C6  C8-3  C8-4

1 per 10 persons-rated capacity

C1-1  C1-2  C2-1  C2-2  C3  C4-1  C4-2  C8-1

1 per 20 persons-rated capacity

C1-3  C2-3  C4-2A  C4-3  C7  C8-2

College student dormitories and fraternity or sorority student houses

None required

C1-4  C1-5  C1-6  C1-7  C1-8  C1-9  C2-4  C2-5  C2-6  C2-7  C2-8  C4-4  C4-5  C4-6  C4-7  C5  C6

1 per 6 beds

C1-1  C1-2  C2-1  C2-2  C3  C4-1  C4-2

1 per 12 beds

C1-3  C2-3  C4-2A  C4-3

Colleges, universities, or seminaries

(a)  For that floor area used for classrooms, laboratories, student centers or offices

None required

C1-4  C1-5  C1-6  C1-7  C1-8  C1-9  C2-4  C2-5  C2-6  C2-7  C2-8  C4-4  C4-5  C4-6  C4-7  C5  C6  C8-3  C8-4

1 per 1,000 sq. ft. of floor area

C1-1  C1-2  C2-1  C2-2  C3  C4-1  C4-2  C8-1

1 per 2,000 sq. ft. of floor area

C1-3  C2-3  C4-2A  C4-3  C8-2

(b)  For that floor area used for theaters, auditoriums, gymnasiums or stadiums

None required

C1-4  C1-5  C1-6  C1-7  C1-8  C1-9  C2-4  C2-5  C2-6  C2-7  C2-8  C4-4  C4-5  C4-6  C4-7  C5  C6  C8-3  C8-4

1 per 8 persons-rated capacity

C1-1  C1-2  C2-1  C2-2  C3  C4-1  C4-2  C8-1

1 per 16 persons-rated capacity

C1-3  C2-3  C4-2A  C4-3  C7  C8-2

Hospitals and related facilities4

1 per 5 beds

C1-1  C1-2  C2-1  C2-2  C3  C4-1  C4-2  C8-1

1 per 8 beds

C1-3  C1-4  C2-3  C2-4  C4-2A  C4-3  C4-4  C4-5D  C8-2  C8-3

1 per 10 beds

C1-5  C1-6  C1-7  C1-8  C1-9  C2-5  C2-6  C2-7  C2-8  C4-4A  C4-4L  C4-5  C4-5A  C4-5X  C4-6  C4-7  C5  C6  C8-4

Houses of worship, applicable only to the facility’s largest room of assembly; however, rooms separated by movable partitions shall be considered a single room

None required

C1 and C2 Districts mapped within R6, R7, R8, R9 or R10 Districts, C1-6  C1-7  C1-8  C1-9  C2-6  C2-7  C2-8  C4-2A  C4-3  C4-4  C4-5  C4-6  C4-7  C5  C6  C8-2  C8-3  C8-4

1 per 10 persons-rated capacity

C1 and C2 Districts mapped within R1, R2 or R3 Districts, C3  C4-1

1 per 15 persons-rated capacity

C1 and C2 Districts mapped within R4 and R5 Districts, C4-2  C8-1

Libraries, museums or non-commercial art galleries5

None required

C1-4  C1-5  C1-6  C1-7  C1-8  C1-9  C2-4  C2-5  C2-6  C2-7  C2-8  C4-4  C4-5  C4-6  C4-7  C5  C6

1 per 1,000 sq. ft. of floor area

C1-1  C1-2  C2-1  C2-2  C3  C4-1  C4-2

1 per 2,000 sq. ft. of floor area

C1-3  C2-3  C4-2A  C4-3

Outdoor skating rinks

None required

C1-4  C1-5  C1-6  C1-7  C1-8  C1-9  C2-4  C2-5  C2-6  C2-7  C2-8  C4-4  C4-5  C4-6  C4-7  C5  C6  C8-3  C8-4

1 per 800 sq. ft. of lot area

C1-1  C1-2  C2-1  C2-2  C3  C4-1  C4-2  C8-1

1 per 2,000 sq. ft. of lot area

C1-3  C2-3  C4-2A  C4-3  C7  C8-2

Outdoor tennis courts

None required

C1-4  C1-5  C1-6  C1-7  C1-8  C1-9  C2-4  C2-5  C2-6  C2-7  C2-8  C4-4  C4-5  C4-6  C4-7  C5  C6  C8-3  C8-4

1 per 2 courts

C1-1  C1-2  C2-1  C2-2  C3  C4-1  C4-2  C8-1

1 per 5 courts

C1-3  C2-3  C4-2A  C4-3  C7  C8-2

Philanthropic or non-profit institutions with sleeping accommodations; long-term care facilities, except that independent living dwelling units within a continuing care retirement community shall be subject to the accessory off- street parking requirements of Section 36-30. For the purposes of applying such requirements, dwelling units shall be as defined in Section 28-02

None required

C1-4  C1-5  C1-6  C1-7  C1-8  C1-9  C2-4  C2-5  C2-6  C2-7  C2-8  C4-4  C4-5  C4-6  C4-7  C5  C6

1 per 10 beds

C1-1  C1-2  C2-1  C2-2  C3  C4-1  C4-2

1 per 20 beds

C1-3  C2-3  C4-2A  C4-3

NOTE: PRC = Parking Requirement Category

1        The parking requirements for ambulatory diagnostic or treatment facilities listed in Use Group 4 and uses in PRC-B1 may be reduced by permit of the Board of Standards and Appeals in accordance with the provisions of Section 73-44 (Reduction of Parking Spaces for Ambulatory Diagnostic or Treatment Facilities Listed in Use Group 4 and Uses in Parking Requirement Category B1)

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

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

4        Requirements are in addition to area utilized for ambulance parking

5        Requirements apply only to the floor area not used for storage

C1 C2 C3 C4 C5 C6 C7 C8

In all districts indicated, where any building or zoning lot contains two or more uses having different parking requirements as set forth in the following Sections, the parking requirements for each type of use shall apply to the extent of that use:

Section 36-21 (General Provisions)

Section 36-31 (General Provisions).

However, the number of spaces required for houses of worship or for uses in parking requirement category D (Places of Assembly) 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 Sections 73-431 (Reduction of parking spaces for houses of worship) or 73-432 (Reduction of parking spaces for places of assembly).

C1-1 C1-2 C1-3 C2-1 C2-2 C2-3 C3 C4-1 C4-2 C4-3 C7 C8-1 C8-2

In the districts indicated, except for the uses listed in Section 36-233 (Exceptions to application of waiver provisions), and except as otherwise provided in Section 36-27 (Waiver for Certain Small Zoning Lots), the parking requirements set forth in Sections 36-21 (General Provisions) or 36-22 (Special Provisions for a Single Zoning Lot With Uses Subject to Different Parking Requirements) shall not apply to commercial uses in parking requirement category A, B, B1, C, D, E or H, or to permitted community facility uses, if the total number of accessory off-street parking spaces required for all such uses on the zoning lot is less than the number of spaces set forth in the following table:

Districts

Number of Spaces

C1-1 C2-1 C3 C4-1

10

C1-2 C2-2 C4-2 C8-1

15

C1-3 C2-3 C4-2A C4-3 C7 C8-2

25

C1-4 C1-5 C1-6 C1-7 C1-8 C1-9 C2-4 C2-5 C2-6 C2-7 C2-8 C4-4 C4-5 C4-6 C4-7 C5 C6 C8-3 C8-4

In all districts indicated, except for the uses listed in Section 36-233 (Exceptions to application of waiver provisions), the parking requirements set forth in Section 36-21 (General Provisions) or Section 36-22 (Special Provisions for a Single Zoning Lot With Uses Subject to Different Parking Requirements) shall not apply to:

(a)        commercial uses in parking requirement category A or B, if the total number of accessory off-street parking spaces required for all such uses on the zoning lot is less than 40, or 100 in the case of C6-1A Districts; or

(b)        commercial uses in any one of parking requirement categories B1, C, D, E or H, or a permitted community facility use, if the number of accessory off-street parking spaces required for the uses in each such category or for each such community facility use is less than 40.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the waiver provisions of Section 36-23 (Waiver of Requirements for Spaces below Minimum Number) shall not apply to the following types of uses:

(a)        Manufacturing or semi-industrial uses in parking requirement category F in Use Group 11 or 16.

(b)        Storage or miscellaneous uses in parking requirement category G in Use Group 16, or when permitted by special permit.

(c)        The following other commercial uses in parking requirement category H in Use Group 7 or 13, or when permitted by special permit:

Boatels

Camps, overnight or day

Motels or tourist cabins Refreshment stands, drive-in.

(d)        The following community facility uses:

Agricultural uses, including greenhouses, nurseries, or truck gardens

Outdoor tennis courts.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the requirements set forth in Sections 36-21 (General Provisions) or 36-22 (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 36-53 (Width of Curb Cuts and 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 the determination on such report.

C1 C2 C3 C4 C8

In the districts indicated, the requirements set forth in Sections 36-21 (General Provisions) and 36-22 (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:

(a)        seventy-five percent or more of the congregants of such house of worship reside within a three-quarter mile radiusof the house of worship;

(b)        the number of spaces required pursuant to this Section is less than the number of spaces listed in the table in Section 36-23 (Waiver of Requirements for Spaces Below Minimum Number); and

(c)        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 residence 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.

C1 C2 C3 C4 C5 C6 C7 C8

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

C1-1 C1-2 C2-1 C2-2 C4-1 C4-2

In C1-1, C1-2, C2-1 and C2-2 Districts mapped within R1, R2, R3A, R3X and R3-1 Districts and in C4-1 and C4-2 Districts, in the Borough of Staten Island and in Community District 10 in the Borough of the Bronx, for zoning lots with a lot area of 4,000 square feet or less with buildings containing either ambulatory diagnostic or treatment health care facilities, as listed in Section 22-14 (Use Group 4), or child care services, as listed under the definition of school in Section 12-10 (DEFINITIONS), no accessory off-street parking spaces shall be required, provided such zoning lot existed both on January 18, 2011, and on the date of application for a building permit.

C1 C2 C3 C4 C5 C6

In the districts indicated, accessory off-street parking spaces, open or enclosed, shall be provided for all dwelling units constructed after December 15, 1961, in accordance with the provisions of the following Sections and the other applicable provisions of this Chapter, as a condition precedent to the use of such dwelling unit:

Section 36-32        (Requirements Where Individual Parking Facilities Are Provided)

Section 36-33        (Requirements Where Group Parking Facilities Are Provided)

Section 36-34        (Modification of Requirements for Small Zoning Lots)

Section 36-35        (Modification of Requirements for Income- Restricted Housing Units or Affordable Independent Residences for Seniors)

Section 36-37        (Special Provisions for a Single Zoning Lot With Uses Subject to Different Parking Requirements)

Section 36-39        (Special Provisions for Zoning Lots Divided by District Boundaries)

For dwelling units constructed pursuant to the zoning regulations in effect after July 20, 1950, and prior to December 15, 1961, off-street parking spaces accessory to such dwelling units cannot be removed if such spaces were required by such zoning regulations, unless such spaces would not be required pursuant to the applicable zoning regulations currently in effect.

In addition, rooming units constructed pursuant to the zoning regulations in effect after July 20, 1950 and prior to March 22, 2016, shall continue to be subject to the applicable zoning district regulations in effect prior to March 22, 2016. For the purposes of applying such provisions to rooming units, three rooming units shall be considered the equivalent of one dwelling unit.

C1 C2

(a)        In the districts indicated, where such districts are mapped within R1, R2, R3, R4, R5, R6 or R7 Districts, except R7-2 Districts, the requirements of Section 36-31 (General Provisions) shall not apply to the additional dwelling units created by conversions on zoning lots with less than 5,000 square feet of lot area.

(b)        In the districts indicated, where such districts are mapped within R7-2, R8, R9 or R10 Districts, the requirements of Section 36-31 shall not apply to the additional dwelling units created by conversions on zoning lots of any size.

C3 C4-1 C4-2 C4-3

(a)        In the districts indicated, the requirements of Section 36-31 (General Provisions) shall not apply to the additional dwelling units created by conversions on zoning lots with less than 5,000 square feet of lot area.

C4-4 C4-5 C4-6 C4-7 C5 C6

(b)        In the districts indicated, no accessory off-street parking is required for additional dwelling units created by conversion within buildings existing prior to December 15, 1961.

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, where such districts are mapped within R1, R2, R3, R4 or R5 Districts, and where group parking facilities are not provided, one accessory off-street parking space, open or enclosed, shall be provided for each dwelling unit.

C3 C4-1 C4-2 C4-3

In the districts indicated, where group parking facilities are not provided, one accessory off-street parking space, open or enclosed, shall be provided for each dwelling unit, except that in C3A Districts, the provisions applicable to R3 Districts in Sections 25-22 (Requirements Where Individual Parking Facilities Are Provided) and 25-60 (ADDITIONAL REGULATIONS FOR PERMITTED OR REQUIRED ACCESSORY OFF-STREET PARKING SPACES) shall apply.

C1 C2 C3 C4 C5 C6 C7 C8

In the districts indicated, for residences developed under single ownership or control where group parking facilities are provided, the number of required accessory off-street parking spaces is as set forth in Section 25-23 (Requirements Where Group Parking Facilities Are Provided), for the applicable Residence District, as determined in accordance with Section 35-22 or 35-23. For the purpose of determining the number of required accessory off-street parking spaces for such residences in C1-6, C2-6, C4-4, C4-5 and C6-1 Districts, the regulations of an R7-2 District shall apply. For C1 or C2 Districts mapped within lower density growth management areas, the number of required accessory off-street parking spaces for such residences shall be 100 percent of the number of new dwelling units, and for C1 or C2 Districts mapped within R5A and R5B Districts, the number of required accessory off-street parking spaces for such residences shall be in accordance with an R5 District without a letter suffix.

C1 C2 C4-2 C4-3 C4-4 C4-5 C4-6 C4-7 C5 C6

In the districts indicated for small zoning lots, the requirements set forth in Section 36-33 (Requirements Where Group Parking Facilities Are Provided), shall be modified in accordance with the provisions set forth in this Section.

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

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 determined by the Residence District within which such Commercial District is mapped, in accordance with the following table:

REDUCED REQUIREMENTS FOR SMALL ZONING LOTS

District within which C1 or C2 District is Mapped

Lot Area

Parking Spaces Required as a Percent of total Dwelling Units

R6 R7-1* R7B

R7-1 R7A R7D R7X

10,000 square feet or less

50

30

R7-2

R8** R9 R10

10,001 to 15,000 square feet

30

20

*        In C1 or C2 Districts mapped within R7-1 Districts within lower density growth management areas in Community District 10, Borough of the Bronx

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

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C4-2 C4-3 C4-4 C4-5 C4-6 C4-7 C5 C6

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

District

Lot Area

Parking Spaces Required as a Percent of Total Dwelling Units

C4-2 C4-3

10,000 square feet or less

50

C1-6 C2-6 C4-4 C4-5 C6-1

C1-7 C1-8 C1-9 C2-7 C2-8 C4-6 C4-7 C5 C6-2 C6-3 C6-4 C6-5 C6-6 C6-7 C6-8 C6-9

10,001 to 15,000 square feet

30

20

C1-4 C1-5 C2-4 C2-5

In the districts indicated, when mapped within an R7-2, R8, R9 or R10 District, the requirements set forth in Section 36-33 (Requirements Where Group Parking Facilities Are Provided) shall be waived for zoning lots of 10,000 square feet or less, except in R8B Districts.

C1 C2

In the districts indicated mapped within R4, R5 and R6 Districts in the Borough of Staten Island, for zoning lots with a lot area of 4,000 square feet or less, no accessory off-street parking spaces shall be required, provided such zoning lot existed both on January 18, 2011, and on the date of application for a building permit.

C1 C2 C3 C4 C5 C6

In the districts indicated, the number of required accessory off-street parking spaces is as set forth in Section 25-25 (Modification of Requirements for Income-Restricted Housing Units, Affordable Independent Residences for Seniors or Other Government-Assisted Dwelling Units) for the applicable Residence District, as determined in accordance with Sections 35-22 or 35- 23.

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated, where such districts are mapped within R6, R7, R8, R9 or R10 Districts, the requirements set forth in Section 36-31 (General Provisions) shall be waived if the required number of accessory off-street parking spaces resulting from the application of such requirements is no greater than the maximum number as set forth in the following table. The maximum number is determined by the Residence District within which the Commercial District is mapped.

NUMBER OF SPACES FOR WHICH REQUIREMENTS ARE WAIVED

Residence District within which C1 or C2 District is Mapped

Maximum Number of Spaces Waived

R5D

1

R6 R7-1* R7B

5

R7-2 R7A R7D R7X R8 R9 R10

15

*        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.

However, the following provisions shall apply:

(a)        In C1 or C2 Districts mapped within R5D Districts, the provisions of this Section shall apply only to zoning lots existing both on June 29, 2006, and on the date of application for a building permit; and

(b)        In C1 or C2 Districts mapped within R6 and R7 Districts in lower density growth management areas in Community District 10 in the Borough of the Bronx, the provisions of this Section, inclusive, shall only apply to zoning lots existing both on March 25, 2010, and on the date of application for a building permit.

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C4-2 C4-3 C4-4 C4-5 C4-6 C4-7 C5 C6

In the districts indicated, the requirements set forth in Section 36-31 (General Provisions) shall be waived if the required number of accessory off-street parking spaces resulting from the application of such requirements is no greater than the maximum number as set forth in the following table:

Districts

Maximum Number of Spaces Waived

C4-2 C4-3

5

C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C4-4 C4-5 C4-6 C4-7 C5 C6

15

C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5

In the districts indicated*, where such districts are mapped within R6, R7-1, R7A, R7B, R7D or R7X Districts, the requirements set forth in Section 36-311 (Application of requirements to conversions in C1 or C2 Districts) shall be waived if the required number of accessory off-street parking spaces resulting from the application of such requirements is 20 spaces or less, provided that 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).

*        No accessory off-street parking is required for additional dwelling units created by conversions in C1 or C2 Districts mapped within R7-2, R8, R9, or R10 Districts. See Section 36-311 (Application of requirements to conversions in C1 or C2 Districts)

C4-2 C4-3

In the districts indicated*, the requirements set forth in Section 36-312 (Application of requirements to conversions in C3, C4, C5 and C6 Districts) shall be waived, if the required number of accessory off-street parking spaces resulting from the application of such requirements is 20 spaces or less, provided that 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).

*        No accessory off-street parking is required for additional dwelling units created by conversions in the districts not indicated in Section 36-312 (Application of requirements to conversions in C3, C4, C5 and C6 Districts).

C1 C2 C3 C4 C5 C6

In the districts indicated, where any building or zoning lot contains two or more uses having different parking requirements as set forth in the following Sections, the parking requirements for each type of use shall apply to the extent of that use:

Section 36-21        (General Provisions)

Section 36-31        (General Provisions)

However, the number of spaces required for houses of worship or for uses in parking requirement category D (Places of Assembly) 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 73-43 (Reduction of Parking Spaces for House of Worship or Places of Assembly).

C1 C2 C3 C4 C5 C6

In the districts indicated, the requirements set forth in Section 36-31 (General Provisions) 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 36-53 (Width of Curb Cuts and Location of Access to the Street). The Commissioner of Buildings may refer such matter to the Department of Transportation for report and may base his determination on such report.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted or required off- street parking spaces, open or enclosed, accessory to residences or to commercial or community facility uses 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 36-42        (Off-site Spaces for Residences)

Section 36-43        (Off-site Spaces for Commercial or Community Facility Uses)

Section 36-44        (Joint and Shared Facilities)

Section 36-45        (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 36-57 (Accessory Off-street Parking Spaces in Public Garages).

C1 C2 C3 C4 C5 C6

In the districts indicated, all permitted or required off-street parking spaces accessory to residences may be provided on a zoning lot other than the same zoning lot as the residences to which such spaces are accessory, provided that in such instances all such spaces are:

(a)        located in a district other than a Residence District, or provided in a joint facility located in a district other than an R1 or R2 District on the same zoning lot as one of the buildings to which it is accessory, and conforming to the provisions of Section 36-44 (Joint and Shared Facilities); and

(b)        not further than the maximum distance from the zoning lot specified in this Section.

C1 C2 C3 C4 C5 C6

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.

District

Maximum Distance from the Zoning Lot

C1-1 C1-2 C1-3 C2-1 C2-2 C2-3 C3 C4-1 C4-2 C4-3

600 feet

C1-4 C1-5 C1-6 C1-7 C1-8 C1-9 C2-4 C2-5 C2-6 C2-7 C2-8 C4-4 C4-5 C4-6 C4-7 C5 C6

1,000 feet

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted or required off- street parking spaces accessory to commercial or community facility 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 Commercial District or Manufacturing District. However, all required spaces shall not be further than 600 feet from the nearest boundary of the zoning lot on which such uses are located.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, 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 36-21        (General Provisions)

Section 36-22        (Special Provisions for a Single Zoning Lot With Uses Subject to Different Parking Requirements)

Section 36-31        (General Provisions);

(b)        all such spaces are located in a district where they are permitted under the applicable provisions of Sections 36-42 (Off-Site Spaces for Residences), 36-43 (Off-Site Spaces for Commercial or Community Facility 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.

In C1 or C2 Districts mapped within R1, R2, R3, R4 or R5 Districts and in C3, C4-1, C4-2 and C8-1 Districts, 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.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, when required accessory off- street parking spaces are provided off the site in accordance with the provisions of Sections 36-42 (Off-site Spaces for Residences), 36-43 (Off-site Spaces for Commercial or Community Facility Uses) or 36-44 (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; and

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

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted or required accessory off-street parking spaces, open or enclosed, shall be used primarily for the owners, occupants, employees, customers, residents or visitors of the use or uses to which such spaces are accessory, except as set forth in this Section.

(a)        Any off-street parking spaces accessory to residences which are not needed by the occupants of such residences, may be rented to persons who are not occupants of suchresidences for the accommodation of private passenger motor vehicles used by such persons or may be occupied by car sharing vehicles, only as set forth in the following paragraphs:

(1)        In C1 or C2 Districts mapped within Residence Districts

In C1 or C2 Districts mapped within R3, R4 or R5A Districts, the number of spaces occupied by car sharing vehicles shall not exceed 10 percent of all parking spaces in group parking facilities containing 20 or more spaces. In C1 or C2 Districts mapped within R5 Districts, except R5A Districts, and in R6, R7, R8, R9 or R10 Districts, the number of spaces occupied by car sharing vehicles shall not exceed five spaces or 20 percent of all parking spaces, whichever is greater.

(2)        In C1 or C2 Districts not mapped within Residence Districts, or in C3, C4, C5, C6 Districts

In the districts indicated, except C3 Districts, the number of spaces occupied by car sharing vehicles shall not exceed five spaces or 20 percent of all parking spaces, whichever is greater. In C3 Districts, the number of spaces occupied by car sharing vehicles shall not exceed 10 percent of all parking spaces in group parking facilities containing 20 or more spaces.

Such spaces provided pursuant to paragraph (a) 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.

(b)        Car sharing vehicles may occupy off-street parking spaces accessory to a non-residential use in group parking facilities containing 20 spaces or more; however, the number of spaces so occupied shall not exceed 10 percent of all parking spaces in such group parking facilities.

In addition, the rental of such spaces to non-residents shall be subject to the restrictions applying to the specified districts as set forth in Sections 36-461 and 36-462, except that such restrictions shall not apply to spaces occupied by car sharing vehicles.

C1 C5

In the districts indicated, off-street parking spaces accessory to residences shall not be rented for periods of less than one week or more than one month to persons who are not occupants of such residences, provided, however that rental for shorter periods may be permitted by the Board of Standards and Appeals in accordance with the provisions of Section 73-47 (Rental of Accessory Off-street Parking Spaces to Non-Residents).

C1 C2 C3 C4 C5 C6 C7 C8

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, unattached to the building containing residences, minor automotive repairs (not including body work) are permitted, and not more than three motor fuel pumps may be provided. However, no motor fuel shall be sold to persons who are not using the parking spaces. The provisions of this Section are not applicable to accessory off-street parking spaces provided in public parking garages.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted or required accessory off-street parking spaces shall conform to the provisions of Section 36-50, inclusive.

Special regulations applying to large-scale community facility developments or large-scale residential developments are set forth in Article VII, Chapter 9 or 8, respectively.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, for all accessory off-street parking spaces, open or enclosed, each 300 square feet of unobstructed standing or maneuvering area shall be considered one parking space. 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, or where the developer or applicant for a building permit or certificate of occupancy certifies that such spaces will be fully attended.

Driveways used to access required parking spaces must be unobstructed for a width of at least eight feet and a height of eight feet above grade and, if connecting to a street, such driveway may only be accessed by a curb cut.

In any case where a reduction of the required area per parking space is permitted on the basis of the developer's certification that such spaces will be fully attended, it shall be set forth in the certificate of occupancy that paid attendants employed by the owners or operators of such spaces shall be available to handle the parking and moving of automobiles at all times when such spaces are in use.

In no event shall the dimensions of any parking stall be less than 18 feet long and 8 feet, 6 inches wide.

In the Borough of Staten Island and in lower density growth management areas in Community District 10 in the Borough of the Bronx, for commercial or community facility uses, each required parking space not within a building shall be within a parking stall accessed from a travel aisle, where each such stall and aisle complies with the maneuverability standards of paragraph (b) of Section 36-58 (Parking Lot Maneuverability and Curb Cut Regulations). The use of an attendant shall be permitted only where necessary to accommodate additional, non-required parking spaces within the travel aisles. For such parking areas with 18 or more spaces, or greater than 6,000 square feet in area, the provisions of Section 37-90 (PARKING LOTS) shall also apply.

C1-6A C1-7A C1-8A C1-8X C1-9A C2-6A C2-7A C2-7X C2-8A C4-2A C4-3A C4-4A C4-4D C4-4L C4-5A C4-5D C4-5X C4-6A C4-7A C5-1A C5-2A C6-2A C6-3A C6-3D C6-4A C6-4X

In the districts indicated, and in C1 and C2 Districts mapped within R5D, R6A, R6B, R7A, R7B, R7D, R7X, R8A, R8B, R8X, R9A, R9D, R9X, R10A and R10X Districts, and for Quality Housing buildings in C1, C2, C4, C5 and C6 Districts without a letter suffix, all accessory off-street parking spaces shall comply with the provisions of this Section.

(a)        Buildings other than mixed buildings

For any block front that is entirely within a Commercial District, accessory off-street parking spaces shall be located only within a building or in any open area on the zoning lot that is not between the street line and the street wall of the building or its prolongation. Where a zoning lot is bounded by more than one such street line, this provision shall apply along only one street line.

(b)        Mixed buildings

For mixed buildings, all accessory off-street parking spaces shall be located only within a building or in any open area on the zoning lot that is not between the
street line and the street wall of the building or its prolongation.

C1 C2 C3 C4 C5 C6 C7 C8

Within an off-street parking facility that contains car sharing vehicles, an information plaque shall be placed within 20 feet of either the entrance to the parking facility or the attendant’s station, at a location accessible to and visible to users of such facility. The plaque shall be fully opaque, non-reflective and constructed of permanent, highly durable materials and shall contain the following statements in lettering no less than one inch high:

(a)        “Total parking spaces in facility:” which shall specify the total number of parking spaces permitted within such parking facility;

(b)        “Maximum number of car sharing vehicles:” which shall specify the total number of car sharing vehicles permitted within such parking facility; and

(c)        where such parking facility contains accessory residential parking spaces, “Accessory residential parking spaces shall be made available to residents of this building within 30 days after a written request is made to the landlord”.

C1 C2 C3 C4 C5 C6 C7 C8

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 Sections 36-24 or 36-38 (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.

In C1 or C2 Districts mapped within R5D Districts, a minimum distance of 34 feet of uninterrupted curb space shall be provided between all curb cuts constructed after June 29, 2006.

Furthermore, no curb cuts shall be permitted on the wide street frontage of any zoning lot existing on June 29, 2006, with access to a narrow street.

The provisions of this Section shall apply to all curb cuts accessing off-street parking spaces accessory to residences in C1 and C2 Districts mapped within R1 through R8 Districts, and in all other Commercial Districts where, as set forth in the tables in Section 34-112 or 35-23, as applicable, the applicable Residential District is R3, R4, R5, R6, R7 or R8.

(a)        All such curb cuts shall comply with the provisions of Section 25-631 (Location and width of curb cuts in certain districts), as set forth for the applicable building, building segment and Residence District. All buildings containing residences in C1 and C2 Districts mapped within R1, R2, R3-1, R3A, R3X, R4-1, R4A and R5A Districts shall comply with the provisions set forth in Section 25-631 for an R3-2 District;

(b)        All such curb cuts shall be prohibited on the wide street frontage of any zoning lot existing on April 14, 2010, with access to a narrow street; and

(c)        Where a Commercial District with only narrow street frontage is mapped along the short end of a block, and a zoning lot existing on April 14, 2010, has access to both the short and long ends of such block, all such curb cuts shall be prohibited along the street line of the short end of such block.

C1-1 C1-2 C1-3 C1-4 C1-5 C1-6 C1-7 C1-8 C2-1 C2-2 C2-3 C2-4 C2-5 C2-6 C2-7 C3 C4-1 C4-2 C4-3 C4-4 C4-5 C6-1 C6-2 C6-3

In the districts indicated, except for C1 or C2 Districts when mapped within an R10 District, in accordance with the provisions of Sections 34-11 or 35-21 (General Provisions), not more than 50 percent of the required open space on any zoning lot with a building containing residences may be used for driveways, private streets, open accessory off-street parking spaces or open accessory off-street loading berths.

36-55

Surfacing

C1 C2 C3 C4 C5 C6 C7 C8

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 asphaltic or Portland cement concrete, or other hard-surfaced dustless material, at least four inches thick. However, permeable paving materials may be used in open parking areas where the Commissioner of Buildings determines that such materials are appropriate.

36-56

Screening

C1 C2 C3 C4 C5 C6 C7 C8

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 Sections 32-62 (Permitted Signs) or 32-63 (Permitted Advertising Signs).

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

C1 C2 C4 C5 C6 C7 C8

In the districts 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), 74-511 (In C1 Districts), 74-512 (In other Districts), or 74-52 (Parking Garages or Public Parking Lots in High Density Central Areas).

C1 C2 C3 C4 C5 C6 C7 C8

(a)        Applicability

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; and

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

(i)        the total number of parking spaces accessory to commercial or 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

(ii)        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 automotive uses listed in Use Groups 9 or 16.

In addition, all public parking lots shall comply with the curb cut requirements of paragraph (c) of this Section.

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 this Section.

(b)        Parking Lot Maneuverability

All open parking areas shall comply with the maneuverability standards set forth in the following table.

A

B

C

D

Angle of Park

Minimum length

Minimum Width

Minimum Travel

Lane

Minimum Turnaround

0*

8’-6”

20’-0”

13’-2”

N/A

0**

8’-6”

20’-0”

23’-3”

N/A

45

17’-1”

8’-6”

12’-10”

18’-0”

50

17’-8”

8’-6”

13’-2”

17’-6”

55

18’-1”

8’-6”

13’-7”

17’-3”

60

18’-5”

8’-6”

14’-6”

17’-0”

65

18’-7”

8’-6”

15’-4”

17’-3”

70

18’-8”

8’-6”

16’-5”

17’-6”

75

18’-7”

8’-6”

17’-10”

18’-0”

90

18’-0”

8’-6”

22’-0”

22’-0”

*        Figures given are for one-way traffic

**        Figures given are for two-way traffic

Zoning Resolutions <a class='sec-link-inline' target='_blank' href='/article-iii/chapter-6#36-58'>36-58</a>.0

        

45 DEGREE PARKING LAYOUT (36-58b.1)Zoning Resolutions <a class='sec-link-inline' target='_blank' href='/article-iii/chapter-6#36-58'>36-58</a>.1

        

90 DEGREE PARKING LAYOUT (36-58b.2)

Zoning Resolutions <a class='sec-link-inline' target='_blank' href='/article-iii/chapter-6#36-58'>36-58</a>.2

PARALLEL PARKING/DEAD-END PARKING (36-58b.3)

(c)        Curb Cuts

Curb cuts serving one travel lane shall have a maximum width of 12 feet, excluding splays, and curb cuts serving two travel lanes shall have a maximum width of 24 feet, excluding splays. For parking lots with more than 100 parking spaces, curb cuts of up to 30 feet, excluding splays, shall be permitted.

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.

For zoning lots with 100 feet or less of street frontage, only two curb cuts shall be permitted. For every additional 50 feet of street frontage, one additional curb cut shall be permitted.

A minimum distance of 18 feet from any other curb cut on the same or adjacent zoning lots shall be maintained, except where the Commissioner of Buildings determines that, due to the location of curb cuts constructed, prior to November 28, 2007, on adjacent zoning lots, there is no way to locate the curb cut 18 feet from such adjacent existing curb cuts.

C1 C2 C4

(a)        In C1, C2 and C4 Districts in the Borough of Staten Island or in Community District 10 in the 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, as listed in Section 22-14 (Use Group 4), 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 following provisions:

(1)        Notwithstanding the applicability provisions of paragraph (a) of Section 36-58 (Parking Lot Maneuverability and Curb Cut Regulations), the maneuverability provisions of paragraph (b) and the curb cut provisions of paragraph (c) of such Section shall apply to all group parking facilities, open or enclosed. No tandem parking or attended parking shall be permitted.

(2)        In addition to the screening requirements for open parking areas in Section 36-56, any parking area covered by a roof shall be screened from adjoining zoning lots in Residence Districts and from adjacent streets in accordance with the following provisions:

(i)        Screening shall consist of a wall or barrier or uniformly painted fence of fire resistant material at least six feet high above finished grade and may be interrupted by normal entrances or exits;

(ii)        Such wall, barrier or fence may be opaque or perforated, provided that not more than 50 percent of the surface is open. No chain link fencing shall be permitted. Such screening shall be maintained in good condition at all times;

(iii)        Where the exterior wall of a parking facility facing a street has an opaque area with a width greater than 40 feet and a height greater than six feet, such area shall be treated with a decorative element or material or shall be screened with planting so as to provide visual relief. Such screening or decorative treatment shall be applied to a minimum height of 15 feet above adjoining grade or the height of the wall, whichever is less;

(iv)        For parking areas covered by a roof, where at least half of the surface area of such roof serves as children’s play space for buildings containing child care services as listed under the definition of school in Section 12-10 (DEFINITIONS), such covered parking area shall not be considered an “open parking area” for the purposes of Section 37-90 (PARKING LOTS), inclusive, and shall therefore not require perimeter or interior landscaping pursuant to such Section. In lieu thereof, such covered parking area shall be screened in accordance with paragraph (b)(2) of this Section.

C4-1 C8

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. Such vehicular passageways are hereinafter referred to as “cross access connections” and shall be provided in accordance with the requirements of this Section, inclusive.

36-591

Applicability

Cross access connections shall be required for:

(a)        developments where at least 70 percent or more of the floor area on the zoning lot is occupied by a commercial or community facility use with an open parking lot that has 36 or more accessory parking spaces or is greater than 12,000 square feet in area;

(b)        enlargements on a zoning lot with an open parking lot that has 36 or more accessory parking spaces or is greater than 12,000 square feet in area; or

(c)        zoning lots where the number of parking spaces accessory to commercial or community facility uses is increased and such increase results in at least 36 parking spaces or more than 12,000 square feet of open parking lot area.

Such developments, enlargements or zoning lots shall locate cross access connections in accordance with the requirements of Sections 36-593 and 36-594.

No excavation, foundation or building permit shall be issued for any development or enlargement requiring a cross access connection, and no certificate of occupancy shall be amended for any increase in the number of parking spaces requiring a cross access connection until the Chairperson of the City Planning Commission certifies to the Department of Buildings that the requirements of Section 36-59, inclusive, have been met.

Every potential cross access connection meeting the criteria of this Section shall be shown on the site plan required pursuant to Section 36-58 (Parking Lot Maneuverability and Curb Cut Regulations).

(a)        The connection shall be a minimum of 22 feet in width as measured along a lot line or boundary between separate properties when located on the same zoning lot, and at least 23 feet from any street line.

(b)        The connection shall be an extension of a travel lane of the subject open parking lot and align to the maximum extent practicable with a travel lane on any adjacent open parking lot.

(c)        The connection shall have a grade not greater than 15 percent.

(d)        The connection shall be placed in an area that is not blocked by an existing building or other structure that is within 50 feet of the lot line or other boundary of the subject property.

(e)        The connection shall be placed in an area that will not require the removal of significant natural features such as wetlands or trees with a caliper of six inches or more, on the same or adjacent zoning lots.

No screening or landscaping along a lot line shall be required in the connection area.

One cross access connection shall be provided on the subject property at each zoning lot line or other boundary on the same zoning lot, where the properties divided by such lot line or boundary are contiguous by at least 60 feet, and where the adjacent properties are located in C4-1, C8 or Manufacturing Districts. The location of the required cross access connection shall be established as follows:

(a)        where an easement has not been previously recorded against any adjacent property in accordance with Section 36-595, an easement shall be recorded against the subject property documenting the locations of all potential cross access connections identified pursuant to Section 36-593. The easement shall provide for at least one future cross access connection to each adjacent property, at any of the locations identified; or

(b)        where an easement has been previously recorded against an adjacent property in accordance with Section 36-595, an easement providing for at least one cross access connection meeting the criteria set forth in Section 36-593 shall be recorded against the subject property. Such cross access connection shall also align with one of the locations identified in the previously recorded easement against an adjacent property. If the previously recorded easement has identified more than one location for a cross access connection along such lot line or other boundary, the owner of the subject property shall select one of these locations for the cross access connection.

Each property owner shall construct their portion of the cross access connection in accordance with the requirements of Sections 36-593 and 36-595.

If such cross access connection has been established in a location that contained parking spaces upon the effective date of the easement, as set forth in Section 36-595, such connection shall be counted as four required parking spaces and shall be separated from any adjacent parking spaces by a planting island at least four feet wide and densely planted with shrubs maintained at a maximum height of three feet. Such planting islands shall not be subject to the landscaping provisions of Section 37-922 (Interior landscaping).

An easement through all required cross access connections for vehicular passage between and among adjacent parking lots, in a form acceptable to the Department of City Planning, shall be recorded in the Office of the Richmond County Clerk. An easement so recorded shall not become effective unless and until a corresponding easement has been recorded against an adjacent property, whether on the same or adjacent zoning lot, pursuant to this Section. Nothing herein shall be construed to limit the ability of a property owner or lessee to prohibit parking by non- customers.

If an easement pursuant to this Section has previously been recorded against any adjacent property, the owner of the subject property shall notify the owner of the adjacent property of the easement location selected by sending such owner a copy of the recorded easement. Proof of notification shall be a condition of certification under this Section. Prior to issuance of a temporary certificate of occupancy or permit sign-off, as applicable, the subject property owner shall further notify the adjacent property owner that the cross access connection must be constructed on the adjacent property within six months of the date of such notice. No temporary certificate of occupancy for any development, enlargement or increase in the number of parking spaces on the subject property, or permit sign-off, if applicable, shall be issued until the applicant has demonstrated to the Department of Buildings that such owner of the adjacent property has been duly notified. Failure to provide the cross access connection in accordance with the requirements of this Section and to allow for vehicular passage between and among the adjacent parking lots within six months of the date of the notice shall constitute a violation of this Zoning Resolution by the adjacent property owner. Failure to provide the cross access connection in accordance with the requirements of this Section and to allow for vehicular passage between and among the adjacent parking lots at the time of the aforementioned temporary certificate of occupancy or permit sign-off, if applicable, shall constitute a violation of this Zoning Resolution by the owner of the subject property.

(a)        Certification that no connection is required

The Chairperson shall certify to the Department of Buildings that no cross access connection is required along a lot line, or other boundary between separate parking lots when located on the same zoning lot, due to the presence of the following conditions, and provided that no alternate location along such lot line or other boundary between properties exists:

(1)        grade changes greater than 15 percent;

(2)        existing buildings or other structures to remain that are located within 50 feet of the subject zoning lot or property; or

(3)        wetlands or trees with a caliper of six inches or more.

(b)        Relocation of previously certified connection

The Chairperson may relocate a previously-certified cross access connection where such new location is acceptable to the owners of both properties and such connection complies with all requirements of this Section.

(c)        Certification for voluntary connection

The Chairperson may certify a non-required cross access connection provided such connection complies with all requirements of Section 36-59, inclusive.

The City Planning Commission may authorize modifications or waivers of the requirements of Section 36-59, inclusive, provided the Commission finds that:

(a)        due to the irregular shape of the zoning lot or the location of connections along other lot lines or boundaries between properties on the same zoning lot, it is not possible to design a complying parking lot with a complying cross access connection; or

(b)        site planning constraints necessitate the placement of a new or enlarged building against a lot line or other boundary between properties that precludes a cross access connection along such lot line or boundary, and no other site plan is feasible.

The Commission may request reports from licensed engineers or landscape architects in considering such modifications or waivers.

The following regulations on permitted and required accessory off-street loading berths are adopted in order to provide needed space off public streets for loading and unloading activities, to restrict the use of the streets for such activities, to help relieve traffic congestion in commercial areas within the City, and thus to promote and protect public health, safety and general welfare.

C1 C2 C3 C4 C5 C6 C7 C8

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 36-682 (Location of access to the street), 36-683 (Restrictions on location of berths near Residence Districts), 36-684 (Surfacing) and 36-685 (Screening).

C1 C2 C3 C4 C5 C6 C7 C8

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 developments or enlargements after December 15, 1961, for the uses listed in the table, except as otherwise provided in Section 36-63 (Special Provisions for a Single Zoning Lot With Uses Subject to Different Loading Requirements) or 36-64 (Wholesale, Manufacturing or Storage Uses Combined With Other Uses), as a condition precedent to the use of such development or enlargement.

After December 15, 1961, if the use of any building or other structure or zoning lot is changed or enlarged, the requirements set forth in the table shall apply to the floor area of the changed or enlarged portion of such building or of the lot area used for such use.

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.

REQUIRED OFF-STREET LOADING BERTHS FOR DEVELOPMENTS, ENLARGEMENTS OR CHANGES OF USE

District

Type of Use

For Floor Area

Required Berths

C1 C2 C3 C4 C5 C6 C8

Hospitals and related facilities1 or prisons

First 10,000 sq. ft.

Next 290,000 sq. ft.

Each additional 300,000 sq. ft. or fraction thereof

None

1

1

C1 C2 C4 C6 C8

Funeral establishments

First 10,000 sq. ft.

Next 20,000 sq. ft.

Any additional amount

1

1

1

C12 C22 C3 C4-1 C4-2 C4-3 C8-1 C8-2

Hotels, offices or court houses

First 25,000 sq. ft.

Next 75,000 sq. ft.

Next 200,000 sq. ft.

Each additional 300,000 sq. ft. or fraction thereof

None

1

1

1

C13 C1-6 C1-7 C1-8 C1-9 C23 C2-6 C2-7 C2-8 C4-4 C4-5 C4-6 C4-7 C5 C6 C8-3 C8-4

Hotels, offices or court houses

First 100,000 sq. ft.

Next 200,000 sq. ft.

Each additional 300,000 sq. ft. or fraction thereof

None

1

1

C12 C22 C3 C4-1 C4-2 C4-3 C7 C8-1 C8-2

Commercial uses

All retail or service uses listed in Use Group 6A, 6C, 7B, 8B, 9A, 9B, 10A, 12B, 14A or 16A

All amusement uses listed in Use Group 8A or 12A

All automotive service uses listed in Use Group 7D

First 8,000 sq. ft.

Next 17,000 sq. ft.

Next 15,000 sq. ft. of floor area

Next 20,000 sq. ft.

Next 40,000 sq. ft.

Each additional 150,000 sq. ft. or fraction thereof

None

1

1

1

1

1

C13 C1-6 C1-7 C1-8 C1-9 C23 C2-6 C2-7 C2-8 C4-4 C4-5 C4-6 C4-7 C5 C6 C8-3 C8-4

Commercial uses

All retail or service uses listed in Use Group 6A, 6C, 7B, 8B, 9A, 9B, 10A, 12B, 14A or 16A

All amusement uses listed in Use Group 8A or 12A

All automotive service uses listed in Use Group 7D

First 25,000 sq. ft.

Next 15,000 sq. ft.

Next 60,000 sq. ft.

Each additional 150,000 sq. ft. or fraction thereof

None

1

1

1

C22 C4-1 C4-2 C4-3 C8-1 C8-2

Service, wholesale, manufacturing, or storage uses

All service, wholesale or storage uses listed in Use Group 7C, 10B, 11B, or 16D

All manufacturing uses listed in Use Group 11A

First 8,000 sq. ft.

Next 17,000 sq. ft.

Next 15,000 sq. ft.

Next 20,000 sq. ft.

Next 20,000 sq. ft.

Each additional 80,000 sq. ft. or fraction thereof

None

1

1

1

1

1

C23 C2-6 C2-7 C2-8 C4-4 C4-5 C4-6 C4-7 C5 C6 C8-3 C8-4

Service, wholesale, manufacturing, or storage uses

All service, wholesale or storage uses listed in Use Group 7C, 10B, 11B, or 16D

All manufacturing uses listed in Use Group 11A

First 15,000 sq. ft.

Next 25,000 sq. ft.

Next 40,000 sq. ft.

Each additional 80,000 sq. ft. or fraction thereof

None

1

1

1

1        Requirements in this table are in addition to area utilized for ambulance parking

2        Mapped within R1, R2, R3, R4, R5, R6

3        Mapped within R7, R8, R9, R10

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, if any building or zoning lot contains two or more uses having different requirements for loading berths as set forth in Section 36-62 (Required Accessory Off-street Loading Berths), and if:

(a)        the floor area of each separate use is less than the minimum floor area for which berths are required; and

(b)        the total floor area of all the uses for which berths are required is greater than the smallest amount of floor area for which berths are required for any of the uses individually;

off-street loading berths shall be provided as if the total floor area of the uses for which berths are required were used for that use for which the most berths are required.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, except as provided in Section 36-63 (Special Provisions for a Single Zoning Lot With Uses Subject to Different Loading Requirements), if any building or zoning lot is used partly for wholesale, manufacturing or storage uses or any combination of such uses, and partly for any other uses set forth in the table in Section 36-62 (Required Accessory Off-street Loading Berths), at least 50 percent of the floor area in the building shall be subject to the requirements set forth for wholesale, manufacturing or storage uses, and the remainder shall be subject to the other applicable requirements.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the requirements set forth in the following Sections 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 36-682 (Location of access to the street):

Section 36-62        (Required Accessory Off-street Loading Berths)

Section 36-63        (Special Provisions for a Single Zoning Lot With Uses Subject to Different Loading Requirements)

Section 36-64        (Wholesale, Manufacturing, or Storage Uses Combined With Other Uses).

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

C1 C2 C3 C4 C5 C6 C7 C8

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:

(a)        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 Sections 36-62 (Required Accessory Off-street Loading Berths), 36-63 (Special Provisions for a Single Zoning Lot With Uses Subject to Different Loading Requirements) or3664 (Wholesale, Manufacturing, or Storage Uses Combined With Other Uses);

(b)        direct access is provided from such joint facilities to all such buildings or zoning lots; and

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

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all required accessory off- street loading berths, open or enclosed, shall conform to the regulations on minimum dimensions set forth in the following table. The dimensions of off-street berths shall not include driveways or entrances to or exits from such off-street berths.

MINIMUM DIMENSIONS FOR REQUIRED ACCESSORY OFF-STREET LOADING BERTHS

(in feet)

Length

Width

Vertical Clearance

Commercial uses*

33

12

14

Funeral establishments

25

10

8

Hospitals and related facilities or prisons

33

12

12

Hotels, offices or court houses

33

12

12

Wholesale, manufacturing or storage uses:

with less than 10,000 sq. ft. of floor area

33

12

14

with 10,000 sq. ft. or more of floor area

50

12

14

*        As set forth in the table in Section 36-62 (Required Accessory Off-street Loading Berths)

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, no permitted or required accessory off-street loading berth, and no entrance or exit thereto, shall be located less than 50 feet from the intersection of any two street lines. However, a location closer to such intersection may be permitted if the Commissioner of Buildings certifies that such a location is not hazardous to traffic safety and not likely to create traffic congestion. The Commissioner of Buildings may refer such matter to the Department of Transportation for a report and may base a determination on such report.

The waiver provisions of Section 36-65 (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 berths with access to the street to conform to the provisions of this Section.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, where accessory off-street loading berths are located within 60 feet of a Residence District boundary, such berths shall be enclosed within a building, and no entrance to or exit from the berths onto the street shall be less than 30 feet from the district boundary.

36-684

Surfacing

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted or required open off-street loading berths shall be surfaced with asphaltic or Portland cement concrete, or other hard-surfaced dustless material, at least six inches thick.

36-685

Screening

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted or required open off-street loading berths that are located on zoning lots adjacent to the boundary of a Residence District:

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

(1)        a strip at least four feet wide, densely planted with shrubs or trees that are at least four feet high at the time of planting and that 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 but not more than eight feet above finished grade. 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 and exits; and

(d)        shall have no signs hung or attached thereto other than those permitted in Sections 32-62 (Permitted Signs) or 32-63 (Permitted Advertising Signs).

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the provisions of this Section, inclusive, relating to bicycle parking spaces shall apply to:

(a)        developments;

(b)        enlargements that increase the floor area within a building by 50 percent or more;

(c)        dwelling units created by conversions of non-residential floor area;

(d)        new dwelling units in buildings or building segments constructed after April 22, 2009;

(e)        new enclosed accessory group parking facilities with 35 or more automobile parking spaces; and

(f)        open parking areas accessory to commercial or community facility uses that contain 18 or more automobile parking spaces or are greater than 6,000 sq. ft. in area.

In addition, the provisions of Section 36-75 (Floor Area Exemption) shall apply to all buildings as set forth therein.

Bicycle parking spaces shall be provided in accordance with the requirements set forth in this Section, inclusive, as a condition precedent to the use of such development, enlargement, conversion, group parking facility or open parking area.

The number of accessory bicycle parking spaces provided pursuant to this Section, the total area, in square feet, of bicycle parking spaces and the total area, in square feet, excluded from the calculation of floor area for such spaces shall be noted on the certificate of occupancy.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, enclosed accessory bicycle parking spaces shall be provided for at least that amount specified for the applicable use set forth in the table in this Section.

For the purposes of calculating the number of required bicycle parking spaces, any fraction of a space 50 percent or greater shall be counted as an additional space. For residences, the

accessory bicycle parking requirement shall be calculated separately for separate buildings or building segments.

Where any building or zoning lot contains two or more uses having different bicycle parking requirements as set forth in the table, the bicycle parking requirements for each type of use shall apply to the extent of that use.

Where an enclosed accessory group parking facility is provided, the required number of bicycle parking spaces for the use to which such facility is accessory shall be the amount set forth for such use in the table, or one for every 10 automobile parking spaces that are enclosed within a building or other structure or located on the roof of a building, whichever will require a greater number of bicycle parking spaces.

REQUIRED BICYCLE PARKING SPACES FOR RESIDENTIAL, COMMUNITY FACILITY OR COMMERCIAL USES

Type of Use

Bicycle Parking Spaces Required in Relation to Specified Unit of Measurement

FOR RESIDENTIAL USES

Use Group 1

None required

Use Group 2

1 per 2 dwelling units

Affordable independent residences for seniors

1 per 10,000 square feet of floor area

FOR COMMUNITY FACILITY USES1

College or school student dormitories or fraternity and sorority student houses

1 per 2,000 square of floor area

Colleges, universities or seminaries2

(a)    Classrooms, laboratories, student centers or offices

1 per 5,000 square feet of floor area

(b)    Theaters, auditoriums, gymnasiums or stadiums

1 per 20,000 square feet of floor area

Libraries, museums or non-commercial art galleries

1 per 20,000 square feet of floor area

Monasteries, convents or novitiates; required houses of worship, rectories or parish houses; Use Group 4B

None required

All other Use Group 3 and Use Group 4 uses not otherwise listed in this table

1 per 10,000 square feet of floor area

FOR COMMERCIAL USES

Use Group 6B

1 per 7,500 square feet of floor area

General retail or service uses.

Use Groups 5A, 6A, 6C, 6E, 7A, 7B, 7D, 8B, 9A, 10A, 12B, 13B, 14A (except docks for vessels, other than gambling vessels) or 14B; eating and drinking establishments in all Use Groups; automobile rental establishments

1 per 10,000 square feet of floor area

Use Groups 8A, 12A (except eating and drinking establishments); theaters

1 per 20,000 square feet of floor area

Public parking garages

1 per 10 automobile parking spaces

Use Groups not specified above, and all other commercial uses not otherwise listed

None required

1        Non-profit hospital staff dwellings shall be subject to the requirements for Use Group 2 residential uses

2        Up to half of required spaces may be provided as unenclosed bicycle parking spaces, pursuant to the requirements of Section 36-73

However, the bicycle parking requirements set forth in the table shall be waived for bicycle parking spaces that are accessory to:

(a)        buildings containing 10 dwelling units or less;

(b)        colleges, universities or seminaries where the number of required enclosed bicycle parking spaces is six or less;

(c)        college or school student dormitories or fraternity and sorority student houses where the number of required bicycle parking spaces is five or less; or

(d)        all other community facility or commercial uses not otherwise listed in the table where the number of required bicycle parking spaces is three or less.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, for open parking areas accessory to commercial or community facility uses that contain 18 or more spaces or are greater than 6,000 square feet in area, which meet the applicability standards of Section 37-91, unenclosed bicycle parking spaces shall be provided as follows:

(a)        One bicycle parking space shall be provided for every 10 automobile parking spaces, up to 200 automobile parking spaces. Thereafter, one bicycle parking space shall be provided for every 100 automobile parking spaces. Fractions equal to or greater than one-half resulting from this calculation shall be considered to be one bicycle space.

Each bicycle rack shall allow for the bicycle frame and at least one wheel to be locked to the rack. If bicycles can be locked to each side of the rack without conflict, each side may be counted toward a required space. Thirty inches of maneuverable space shall be provided between parallel bicycle racks and an eight foot wide aisle shall be provided between bicycle rack areas.

(b)        Bicycle racks shall be provided within 50 feet of a main entrance of a building and a minimum of 24 inches from any wall. However, if more than 40 bicycle parking spaces are required, 50 percent of such spaces may be provided at a distance of up to 100 feet from the main entrance of a building. Department of Transportation bicycle racks provided on a fronting sidewalk may be counted toward this requirement, provided such racks meet the standards of this paragraph(c).

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the City Planning Commission may authorize a reduction in the number of required bicycle parking spaces set forth in Section 36-711 (Enclosed bicycle parking spaces) or a waiver of all such spaces, upon finding there are subsurface conditions, below-ground infrastructure or other site planning constraints that would make accommodating such bicycle parking spaces on or below the first story of the building infeasible. The Commission may request reports from licensed engineers or registered architects in considering such reduction.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all accessory bicycle parking spaces shall be provided on the same zoning lot as the building or use to which such spaces are accessory, except as provided in Section 36-74 (Certification for Off-site Bicycle Parking Spaces).

All enclosed accessory bicycle parking spaces shall be surrounded on all sides by a solid enclosure, except where a parking garage is open at the sides, and covered by a roof for weather protection. Each bicycle space shall adjoin a rack or similar system for securing the bicycle. Bicycle parking spaces shall be located in an area secured by a lock or similar means, or adjoin a securely anchored rack to which the bicycle frame and at least one wheel can be locked. Fifteen square feet of area shall be provided for each bicycle space. However, the area for each bicycle space may be reduced by up to nine square feet per bicycle if the Commissioner of Buildings certifies that a layout has been submitted to adequately accommodate the specified number of bicycles.

A plaque shall be placed at the exterior of the entry to the bicycle parking area, outside any locked door, with lettering at least three-quarter inches in height stating “Bicycle Parking.”

All required bicycle parking spaces that are accessory to residences shall be made available for the storage and independent access of the bicycles used by the occupants of such residences.

All required bicycle parking spaces that are accessory to a commercial or community facility use shall be made available for the storage and independent access of bicycles used by the employees of such use, except that bicycle parking spaces accessory to colleges or universities must be accessible to all authorized users of such building, and that bicycle parking spaces accessory to community facilities with sleeping accommodations may be accessible to the occupants of such facility.

Bicycle spaces may be located in a room secured by a lock, or similar means, provided that access is through a commonly accessible area and access is made available to eligible users on an equal basis.

(a)        For colleges, universities or seminaries, one-half of required accessory bicycle parking spaces may be provided as open unenclosed spaces, provided that such spaces meet the standards of paragraph (b) of Section 36-712 (Unenclosed bicycle parking spaces).

(b)        For public parking garages, the required information plaque shall be provided at each point of bicycle entry to the public parking garage, mounted with its center between four and six feet above the ground, directly visible and unobstructed from the street. The entry plaque shall contain a bicycle symbol which is 12 inches square in dimension with a highly contrasting background, as shown in this paragraph, (b). The symbol shall match exactly the symbol provided in the Required Signage Symbols file at the Department of City Planning website.

Zoning Resolutions <a class='sec-link-inline' target='_blank' href='/article-iii/chapter-6#36-73'>36-73</a>.0

(36–73)

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, for colleges, universities, seminaries, hospitals and related facilities, except animal hospitals, accessory bicycle parking spaces required pursuant to Section 36-711 (Enclosed bicycle parking spaces) may be provided on a zoning lot other than the same zoning lot as the use to which such spaces are accessory, provided that the Chairperson of the City Planning Commission certifies to the Department of Buildings that all such bicycle parking spaces are:

(a)        located on a zoning lot not further than 1,000 feet from the nearest boundary of the zoning lot occupied by the use to which they are accessory, or within a subsurface parking and other service facility that serves multiple zoning lots, including the zoning lot occupied by the use to which they are accessory; and

(b)        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 as accessible throughout the life of the use generating the accessory bicycle parking spaces.

A plaque shall be placed within 30 feet of an entrance of the building, with lettering at least three-quarter inches in  height stating "Bicycle Parking” followed by information directing users to the address of the off-site location.

The number of off-site accessory bicycle parking spaces provided pursuant to this Section and the area of such bicycle parking spaces, in square feet, shall be noted on the certificate of occupancy for both the building in which the off-site bicycle parking spaces are located, and the building containing the use to which such bicycle parking spaces are accessory.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, space provided for enclosed accessory bicycle parking spaces pursuant to the standards of this Section shall be excluded from the calculation of floor area, provided that:

(a)        the space excluded from floor area does not exceed an amount equal to 15 square feet multiplied by the number of required spaces or, if spaces are waived pursuant to paragraphs (a), (b), (c) or (d) of Section 36-711 (Enclosed bicycle parking spaces), the number that would have been required but for the waiver or, if spaces are not required because the building was constructed prior to April 22, 2009, the number that would be required if such building were newly constructed; and

(b)        the accessory bicycle parking spaces provided meet the standards for required bicycle parking of Section 36-73 (Restrictions on Operation, Size and Location of Bicycle Parking Spaces).

Notwithstanding the provisions of paragraph (a) of this Section, for the uses listed in the table, the amount of space that may be excluded from the calculation of floor area shall not exceed an amount equal to 15 square feet multiplied by the number of spaces set forth in the table.

MAXIMUM BICYCLE PARKING SPACES EXCLUDED FROM FLOOR AREA

Type of Use

Maximum Bicycle Parking Spaces Excluded from Floor Area in Relation to Specified Unit of Measurement

FOR RESIDENTIAL USES

Affordable independent residences for seniors

1 per 2,000 square feet of floor area

FOR COMMUNITY FACILITY USES

Philanthropic or non-profit institutions with sleeping accommodations

1 per 2,000 square feet of floor area

Proprietary, non-profit or voluntary hospitals and related facilities, except animal hospitals

1 per 5,000 square feet of floor area

However, in no event shall this Section apply to single- or two-family residences; and in no event shall this Section apply to accessory bicycle parking spaces provided off-site, pursuant to Section 36-74 (Certification for Off-site Bicycle Parking Spaces).

Space provided for accessory bicycle parking spaces within an accessory group parking facility shall not be counted as floor area provided that such portion of the accessory group parking facility does not count as floor area.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, except in the Special Willets Point District and the Special St. George District, the number of required bicycle parking spaces set forth in Section 36-711 (Enclosed bicycle parking spaces) may be reduced or waived by the Commissioner of Buildings, provided that the Commissioner of the Department of Housing Preservation and Development has submitted a letter certifying that:

(a)        at least 50 percent of the dwelling units in the building or building segment will be income-restricted pursuant to the provisions of Section 23-90 (INCLUSIONARY HOUSING), inclusive, or pursuant to the terms of a grant, loan or subsidy from any Federal, State or local agency or instrumentality, including, but not limited to, the disposition of real property for less than market value, purchase money financing, construction financing, permanent financing, the utilization of bond proceeds and allocations of low income housing tax credits. An exemption or abatement of real property taxes shall not qualify as a grant, loan or subsidy for the purposes of this paragraph, (a);

(b)        there is insufficient space within the building to accommodate the required number of bicycle parking spaces on or below the first story of the building, including within an enclosed accessory group parking facility,

(c)        if permitted automobile parking spaces are provided, the required bicycle parking spaces cannot be accommodated within an enclosed group parking facility by reconfiguring automobile parking spaces or removing three or fewer permitted automobile parking spaces;

(d)        additional space cannot reasonably be constructed based on the amount of subsidy available to the project; and

(e)        the number of required bicycle parking spaces is being reduced by the minimum amount necessary to address these limitations.

Top