C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the provisions of Section 37-90 (PARKING LOTS), inclusive, shall apply to open parking areas that contain 18 or more spaces or are greater than 6,000 square feet in area, as follows:

(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 an increase in:

(1)        a 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

(2)        a 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.

All public parking lots shall comply with the provisions of Section 37-921 (Perimeter landscaping).

The provisions of Section 37-90, inclusive, shall not apply to surface parking located on the roof of a building, indoor parking garages, public parking garages, structured parking facilities, or developments 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 Section 37-90, inclusive, 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 landscaped areas required pursuant to this Section within and adjacent to the open parking area.

Notwithstanding the provisions of this Section, where parking requirements are waived pursuant to Sections 25-33, 36-23 or 44-23, as applicable, on zoning lots subdivided after November 28, 2007, and parking spaces accessory to commercial or community facility uses or curb cuts accessing commercial or community facility uses are shown on the site plan required pursuant to Section 36-58, the provisions of Section 37-921 (Perimeter landscaping) shall apply.

A detailed plan or plans prepared by a registered landscape architect demonstrating compliance with the provisions of Section 37-90, inclusive, shall be submitted to the Department of Buildings. Such plans shall include grading plans, drainage plans and planting plans, and sections and elevations as necessary to demonstrate compliance with the provisions of this Section.

Any application for a special permit certified by the Department of City Planning or application for an authorization referred by the Department of City Planning for public review prior to November 28, 2007, may be continued pursuant to the regulations in effect at the time of certification or referral and, if granted by the City Planning Commission and, where applicable, the City Council, may be developed or enlarged pursuant to the terms of such permit or authorization, including minor modifications thereto and, to the extent not modified under the terms of such permit or authorization, in accordance with the regulations in effect at the time such application was certified or referred for public review.