ToC

Chapter 4 - 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 are adopted in order to provide parking spaces off the streets for the increasing number of people driving to work in areas outside the high density central areas, to relieve congestion on streets in industrial districts, to help prevent all-day parking in residential and commercial areas adjacent to manufacturing areas, and to provide for better and more efficient access to and from industrial establishments within the City, and thus to promote and protect public health, safety, and general welfare.

Except as otherwise provided in this Section, the regulations of this Chapter on permitted or required accessory off-street parking spaces apply to manufacturing, commercial or community facility uses, as set forth in the provisions of the various Sections.

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

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

Except as modified in Section 44-211 (Parking requirements applicable to non-profit hospital staff dwellings), the regulations of Article III, Chapter 6, applicable to residences in C4-2 Districts shall apply to non-profit hospital staff dwellings in M1 Districts, and the regulations of this Chapter applicable to community facility uses shall not apply to such use.

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.

In M1-1D, M1-2D, M1-3D, M1-4D and M1-5D Districts, the parking regulations governing M1 Districts shall apply to manufacturing, commercial or community facility uses, and the regulations of Section 44-28 (Parking Regulations for Residential Uses in M1-1D Through M1-5D Districts) shall apply to residential uses authorized pursuant to Section 42-47 (Residential Uses in M1-1D Through M1-5D Districts).

In M1-6D Districts, the parking regulations governing M1 Districts shall apply to commercial and manufacturing uses. For residential and community facility uses, the parking regulations applicable in C6-4 Districts, as set forth in Article III, Chapter 6, shall apply.

In addition, parking regulations shall be modified by Article I, Chapter 3 (Comprehensive Off-street Parking and Loading Regulations in the Manhattan Core), as applicable.

In the M1-1 District bounded by 95th Avenue, 148th Street, 97th Avenue and 147th Place in Community District 12 in the Borough of Queens, the accessory off-street parking regulations of an M1 District shall apply, except that the accessory off-street parking regulations for an R5 District set forth in Article II, Chapter 5, shall apply to residential uses.

44-03

Definitions

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

M1 M2 M3

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

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

M1 M2 M3

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

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

M1 M2 M3

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

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

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

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

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

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

M1 M2 M3

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

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

M1 M2 M3

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

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

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

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

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

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

(a)        when, as the result of the application of such requirements, a smaller number of spaces would be required than is specified by the provisions of Section 44-23 (Waiver of Requirements for Spaces Below Minimum Number);

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

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

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

Type of Use

Parking Spaces Required, in Relation to Specified Unit of Measurement

Districts

FOR MANUFACTURING OR COMMERCIAL USES

Manufacturing or semi-industrial uses. Uses in Use Group 17B, 17D, 18A or 18C, or 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

1 per 1,000 square feet of floor area1, or 1 per 3 employees, whichever will require a larger number of spaces

M1-4  M1-5  M1-6  M2-3  M2-4  M3-2

M1-1  M1-2  M1-3  M2-1  M2-2  M3-1

Storage or miscellaneous uses. Uses in:

(a)        PRC-G in Use Group 10 or 16;

(b)        Use Group 17A, 17D, 18B, or 18C; or

(c)        Use Group 17C, except for agricultural uses, such exception including greenhouses, nurseries, or truck gardens;

with a minimum of either 10,000 square feet of floor area or 15 employees.

None required

1 per 2,000 square feet of floor area2, or 1 per 3 employees, whichever will require a lesser number of spaces

M1-4  M1-5  M1-6  M2-3  M2-4  M3-2

M1-1  M1-2  M1-3  M2-1  M2-2  M3-1

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

None required

1 per 200 square feet of floor area

M1-4  M1-5  M1-6  M2-3  M2-4  M3-2

M1-1  M1-2  M1-3  M2-1  M2-2  M3-1

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 or 10;

or

uses in PRC-B1 in Use Group 6, 7, 8, 9, 10, 11, 13, 14, or 16, or when permitted by special permit

None required

1 per 300 square feet of floor area 3

M1-4  M1-5  M1-6  M2-3  M2-4  M3-2

M1-1  M1-2  M1-3  M2-1  M2-2  M3-1

Low traffic-generating uses.

Uses in PRC-C in Use Group 6, 7, 9, 13, 14 or 16

None required

1 per 600 square feet of floor area

M1-4  M1-5  M1-6  M2-3  M2-4  M3-2

M1-1  M1-2  M1-3  M2-1  M2-2 M3-1

Places of Assembly.

Uses in PRC-D in Use Group 6, 8, 9, 10 or 12, or when permitted by special permit

None required

1 per 8 persons rated capacity

M1-4  M1-5  M1-6  M2-3  M2-4  M3-2

M1-1  M1-2  M1-3  M2-1  M2-2  M3-1

Open commercial amusements.

Uses in PRC-E in Use Group 13, or when permitted by special permit5

None required

1 per 500 square feet of lot area4

M1-4  M1-5  M1-6  M2-3  M2-4  M3-2

M1-1  M1-2  M1-3  M2-1  M2-2  M3-1

Other commercial uses.

Uses in PRC-H in Use Group 5, 6, 7, 12, 13 or 14, or when permitted by special permit:

Boatels

1 per 2 guest rooms or suites

M1

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

1 per 2,000 square feet of lot area or 1 per 3 employees, whichever will require a lesser number of spaces

M1  M2  M3

Docks for non-commercial pleasure boats; rental boats; ferries; sightseeing, excursion or sport fishing vessels; passenger ocean vessels; or vessels not otherwise listed

See Section 62-43 for parking requirement

Hotels

(a) For the floor area used for sleeping accommodations

None required

1 per 8 guest rooms or suites

M1-4  M1-5  M1-6

M1-1  M1-2  M1-3

(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

1 per 8 persons rated capacity

M1-4  M1-5  M1-6

M1-1  M1-2  M1-3

Motels or tourist cabins

1 per guest room or suite

M1

Post offices

None required

1 per 1,200 square feet of floor area

M1-4  M1-5  M1-6  M2-3  M2-4  M3-2

M1-1  M1-2  M1-3  M2-1  M2-2  M3-1

Prisons

None required

1 per 10 beds rated capacity

M1-4  M1-5  M1-6  M2-3  M2-4  M3-2

M1-1  M1-2  M1-3  M2-1  M2-2  M3-1

Refreshment stands, drive-ins

1 per 50 square feet of floor area

1 per 100 square feet of floor area

M1-1  M1-2  M1-3  M2-1  M2-2  M3-1

M1-4  M1-5  M1-6  M2-3  M2-4 M3-2

Funeral establishments

None required

1 per 400 square feet of floor area

M1-4  M1-5  M1-6  M2-3  M2-4  M3-2

M1-1  M1-2  M1-3  M2-1  M2-2  M3-1

FOR COMMUNITY FACILITY USES

Agricultural uses, including greenhouses, nurseries, or truck gardens

None required

1 per 1,000 square feet of lot area used for selling purposes

M1-4  M1-5  M1-6  M2-3  M2-4  M3-2

M1-1  M1-2  M1-3  M2-1  M2-2 M3-1

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

None required

1 per 300 sq. ft. of floor area and cellar space3, except cellar space used for storage

M1-4  M1-5  M1-6

M1-1  M1-2  M1-3

Clubs, community centers or settlement houses; philanthropic or non-profit institutions without sleeping accommodations, except 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

1 per 10 persons-rated capacity

M1-4  M1-5  M1-6

M1-1  M1-2  M1-3

Hospitals and related facilities6

1 per 5 beds

1 per 10 beds

M1-1  M1-2  M1-3

M1-4  M1-5  M1-6

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

1 per 15 persons-rated capacity

M1-4  M1-5  M1-6

M1-1  M1-2  M1-3

Seminaries

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

None required

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

M1-4  M1-5  M1-6

M1-1  M1-2  M1-3

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

None required

1 per 8 persons-rated capacity

M1-4  M1-5  M1-6

M1-1  M1-2  M1-3

Outdoor skating rinks

None required

1 per 800 square feet of lot area

M1-4  M1-5  M1-6

M1-1  M1-2  M1-3

Outdoor tennis courts

None required

1 per 2 courts

M1-4  M1-5  M1-6

M1-1  M1-2  M1-3

NOTE: PRC = Parking Requirement Category

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

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

3        The parking requirements for ambulatory diagnostic or treatment health care 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 Spaces for Ambulatory Diagnostic or Treatment Health Care Facilities listed in Use Group 4 and Uses in Parking Requirement Category B1)

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

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

6        Requirements are in addition to area utilized for ambulance parking

M1

In the district indicated, the provisions of Sections 36-31 to 36-39, inclusive, relating to Required Accessory Off-street Parking Spaces for Residences When Permitted in Commercial Districts, shall apply as set forth in this Section to non-profit hospital staff dwellings. The district regulations of Sections 36-31 to 36-39, inclusive, applicable to non-profit hospital staff dwellings are determined in accordance with the following table, and are the same as the regulations applicable to residences in the districts indicated in the table.

District

Commercial District whose Regulations are Applicable

M1-1 M1-2 M1-3

C4-2

M1-4 M1-5 M1-6

C4-7

M1 M2 M3

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

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

M1 M2 M3

In all districts, as indicated, subject to the provisions of Section 44-231 (Exceptions to application of waiver provisions), the parking requirements set forth in Sections 44-21 (General Provisions) or 44-22 (Special Provisions for a Single Zoning Lot With Uses Subject to Different Parking Requirements) shall not apply to 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:

District

Number of Spaces

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

15

M1-4 M1-5 M1-6 M2-3 M2-4 M3-2

40

M1 M2 M3

In all districts, as indicated, the waiver provisions of Section 44-23 shall not apply to the following types of uses:

(a)        Manufacturing or semi-industrial uses in Use Group 17B, 17D, 18A or 18C, or in parking requirement category F in Use Group 11 or 16.

(b)        Storage or miscellaneous uses in Use Group 17A, 17C, 17D, 18B or 18C, or in parking requirement category G in Use Group 16.

(c)        The following commercial uses in parking requirement category H in Use Group 7 or 13:

Boatels

Camps, overnight or day

Motels or tourist cabins

Refreshment stands, drive-in.

M1 M2 M3

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

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

M1

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

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

(b)        the number of spaces required pursuant to this Section is less than the number of spaces listed in the table in Section 44-23 (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 residences of congregants in a form acceptable to the Department of City Planning, the Chairperson shall either certify that the proposed development or enlargement complies with the requirements of this Section or disapprove such application, citing the nature of any failure to comply.

M1 M2 M3

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

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

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

In M1-1D, M1-2D, M1-3D, M1-4D and M1-5D Districts, the regulations of this Section shall apply to residential uses authorized pursuant to Section 42-47 (Residential Uses in M1-1D Through M1-5D Districts).

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

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

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

The Commission may authorize accessory parking provided:

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

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

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

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

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

For any zoning lot containing a self-service storage facility that meets the requirements of paragraphs (a) or (b)(1) of Section 42-121 (Use Group 16D self-service storage facilities), accessory off-street parking spaces, open or enclosed, shall not be required for uses within industrial floor space, where all such uses occupy less than 10,000 square feet of floor area or have fewer than 15 employees. For industrial floor space on such zoning lots where such uses, in total, occupy at least 10,000 square feet of floor area or have 15 or more employees, accessory off-street parking spaces, open or enclosed, shall be required for all uses within the industrial floor space at the rate of one space per 2,000 square feet of floor area, or one space per three employees, whichever will require fewer spaces.

M1 M2 M3

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

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

Section 44-33        (Joint and Shared Facilities)

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

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

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

M1 M2 M3

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

M1 M2 M3

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 floor area, lot area, rated capacity, or other such unit of measurement in such buildings or zoning lots:

Section 44-21        (General Provisions)

Section 44-22        (Special Provisions for a Single Zoning Lot With Uses Subject to Different Parking Requirements).

(b)        all such spaces conform to the provisions of Section 44-32 (Off-site Spaces for All Permitted Uses); and

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

M1-1 M1-2 M1-3

In the districts indicated, 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.

M1 M2 M3

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

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

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

M1 M2 M3

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

Car sharing vehicles may occupy accessory off-street parking spaces 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.

M1 M2 M3

In all districts, as indicated, automotive repairs or the sale of motor fuel, motor oil, or automotive accessories are not permitted in connection with the operation of accessory off-street parking spaces.

However where such parking spaces are provided in a building or other structure, minor automotive repairs (not including body work) are permitted, 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.

M1 M2 M3

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

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

M1 M2 M3

(a)        Size of spaces

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 the Department of Buildings, or where the 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 applicant’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.

(b)        Identification of car sharing vehicles

Within an off-street parking facility that contains car sharing vehicles, an information plaque shall be placed 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:

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

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

M1 M2 M3

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

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

44-44

Surfacing

M1 M2 M3

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.

44-45

Screening

M1 M2 M3

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

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

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

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

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

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

(d)        shall have no signs hung or attached thereto other than those permitted in Section 42-52 (Permitted Signs).

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

M1 M2 M3

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

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

The computation of floor area for such public parking garage shall be in accordance with the definition of floor area as set forth in Section 12-10 (DEFINITIONS), except as otherwise specifically authorized in accordance with the provisions of Sections 73-67 (Additional Floor Space for Public Parking Garages), 74-511 (In C1 Districts), 74-512 (In other Districts) or 74-52 (Parking Garages or Public Parking Lots in High Density Central Areas).

M1 M2 M3

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

(a)        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;

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

(1)        an increase in the total number of parking spaces accessory to commercial or community facility use on the zoning lot that is at least 20 percent greater than the number of such spaces existing on November 28, 2007; or

(2)        an increase in the total amount of floor area on the zoning lot that is at least 20 percent greater than the amount of floor area existing on November 28, 2007, and where at least 70 percent of the floor area on the zoning lot is occupied by commercial or community facility uses; and

(c)        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.

For the purposes of this Section, an “open parking area” shall mean that portion of a zoning lot used for the parking or maneuvering of vehicles, including service vehicles, which is not covered by a building. Open parking areas shall also include all required landscaped areas within and adjacent to the open parking area.

For all such new or enlarged open parking areas, a site plan shall be submitted to the Department of Buildings showing the location of all parking spaces, curb cuts and compliance with the maneuverability standards set forth in paragraphs (b) and (c) of Section 36-58.

M1 M2 M3

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

M1 M2 M3

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

Off-street Loading Regulations

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 manufacturing and industrial areas within the City, and thus to promote and protect public health, safety, and general welfare.

M1 M2 M3

In all districts, as indicated, accessory off-street loading berths, open or enclosed, may be provided for all permitted uses, under rules and regulations promulgated by the Commissioner of Buildings, and subject to the provisions of Sections 44-582 (Location of access to the street), 44-583 (Restrictions on location of berths near Residence Districts), 44-584 (Surfacing) and 44-585 (Screening).

M1 M2 M3

In all districts, as indicated, accessory off-street loading berths, open or enclosed, shall be provided in conformity with the requirements set forth in the table in this Section and under rules and regulations promulgated by the Commissioner of Buildings, for all development after December 15, 1961, for the community facility, commercial or manufacturing uses listed in the table, except as otherwise provided in Sections 44-53 (Special Provisions for a Single Zoning Lot With Uses Subject to Different Loading Requirements) or 44-54 (Wholesale, Manufacturing or Storage Uses Combined With Other Uses), as a condition precedent to the use of such development.

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

Type of Use

For Floor Area (in square feet)

Required Berths

M1 M2 M3

Hospitals and related facilities* or prisons

First 10,000

Next 290,000

Each additional 300,000 or fraction thereof

1

None

1

M1 M2 M3

Funeral establishments

First 10,000

Next 20,000

Any additional amount

1

1

1

M1-1 M1-2 M1-4 M2-1 M2-3 M3-1 M3-2

Hotels, offices, or court houses

First 25,000

Next 75,000

Next 200,000

Each additional 300,000 or fraction thereof

None

1

1

1

M1-3 M1-5 M1-6 M2-2 M2-4

Hotels, offices, or court houses

First 100,000

Next 200,000

Each additional 300,000 or fraction thereof

None

1

1

M1-1 M1-2 M1-4 M2-1 M2-3 M3-1 M3-2

Commercial uses.

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

Next 17,000

Next 15,000

Next 20,000

Next 40,000

Each additional 150,000 or fraction thereof

None

1

1

1

1

1

M1-3 M1-5 M1-6 M2-2 M2-4

Commercial uses.

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

Next 15,000

Next 60,000

Each additional 150,000 or fraction thereof

None

1

1

1

M1-1 M1-2 M1-4 M2-1 M2-3 M3-1 M3-2

Services, wholesale, manufacturing or storage uses.

All service, wholesale or storage uses listed in Use Group 7C, 10B, 11B, 16D, 17A or 18B.

All manufacturing uses listed in Use Group 11A, 17B or 18A.

First 8,000

Next 17,000

Next 15,000

Next 20,000

Each additional 80,000 or fraction thereof

None

1

1

1

1

M1-3 M1-5 M1-6 M2-2 M2-4

Services, wholesale, manufacturing or storage uses.

All service, wholesale or storage uses listed in Use Group 7C, 10B, 11B, 16D, 17A or 18B.

All manufacturing uses listed in Use Group 11A, 17B or 18A.

First 15,000

Next 25,000

Next 40,000

Each additional 80,000 or fraction thereof

None

1

1

1

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

M1 M2 M3

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 44-52 (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; then

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.

M1 M2 M3

In all districts, as indicated, except as provided in Section 44-53 (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 44-52 (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.

M1 M2 M3

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 44-582 (Location of access to the street):

Section 44-52        (Required Accessory Off-street Loading Berths)

Section 44-53        (Special Provisions for a Single Zoning Lot With Uses Subject to Different Loading Requirements)

Section 44-54        (Wholesale, Manufacturing or Storage Uses Combined With Other Uses).

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

M1 M2 M3

In all districts, as indicated, 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 44-52 (Required Accessory Off-street Loading Berths), 44-53 (Special Provisions for a Single Zoning Lot With Uses Subject to Different Loading Requirements) and 44-54 (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.

M1 M2 M3

In all districts, as indicated, all required 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

Hospitals and related facilities or prisons

33

12

12

Funeral establishments

25

10

8

Hotels, offices or court houses

33

12

12

Commercial uses*

33

12

14

Wholesale, manu-facturing or storage uses :

with less than 10,000 square feet of floor area

33

12

14

with 10,000 square feet of floor area or more

50

12

14

*        As set forth in the table in Section 44-52 (Required Accessory Off-street Loading Berths)

M1 M2 M3

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 report and may base a determination on such report.

The waiver provisions of Section 44-55 (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.

M1 M2 M3

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 on to the street shall be less than 30 feet from the district boundary.

44-584

Surfacing

M1 M2 M3

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.

44-585

Screening

M1 M2 M3

In all districts, as indicated, all permitted or required open off-street loading berths which are located on zoning lots adjacent to the boundary of a Residence District shall be screened from all adjoining zoning lots in Residence Districts, including zoning lots situated across a street, by either:

(a)        a strip at least four feet wide, densely planted with shrubs or trees which are 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

(b)        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.

In addition, such screening:

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

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

(3)        shall have no signs hung or attached thereto other than those permitted in Section 42-52 (Permitted Signs).

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

In the Districts indicated, in designated areas within Manufacturing Districts in Subarea 1, as shown on the maps in APPENDIX J (Designated Areas Within Manufacturing Districts) of this Resolution, the provisions of Sections 44-52 (Required Accessory Off-street Loading Berths) and 44-581 (Size of required loading berths) are modified as set forth in this Section.

For any zoning lot containing a self-service storage facility that meets the requirements of paragraphs (a) or (b)(1) of Section 42-121 (Use Group 16D self-service storage facilities), all required accessory off-street loading berths for a self-service storage facility shall have a minimum length of 37 feet. The dimensions of off-street loading berths shall not include driveways, or entrances to or exits from such off-street loading berths.

The number of accessory off-street loading berths required for uses occupying industrial floor space shall be as set forth in the following table:

Floor Area (in square feet)

Required Loading Berths

First 15,000

None

Next 25,000

1

Next 40,000

1

Each additional 80,000 or fraction thereof

1

Additional loading berths shall not be required for a change of use within an existing building from Use Group 16D to a self-service storage facility.

M1 M2 M3

In all districts, as indicated, the provisions of Section 36-70 (BICYCLE PARKING), inclusive, shall apply to all permitted commercial and residential uses. In addition, for manufacturing uses, accessory bicycle parking spaces shall be excluded from the definition of floor area, provided that:

(a)        the space excluded from floor area does not exceed an amount equal to 15 square feet multiplied by one bicycle parking space per 10,000 square feet of floor area; and

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

However, in no event shall accessory bicycle parking spaces be excluded from the calculation of floor area in the case of single- or two-family residences or in the case of 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.

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.

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