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// CODE SNIPPET

16-30 Authorizations and Special Permits

NYC Zoning Resolution > I General Provisions > 6 - Comprehensive Off-Street Parking Regulations in the Long Island City Area > 16-30 Authorizations and Special Permits
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16-31 General Provisions

The City Planning Commission may grant authorizations and special permits, pursuant to Sections 16-34, inclusive, and 16-35, inclusive.

All such special permits and authorizations, in addition to meeting the requirements, conditions and safeguards prescribed by the Commission, shall conform to and comply with all of the applicable zoning district regulations of the Zoning Resolution, except as otherwise specified herein.

16-32 Requirements for Applications

An application to the City Planning Commission for the grant of a special permit or authorization under the provisions of this Section shall include a site plan showing the location of all buildings or other structures on the site, the location of all vehicular entrances and exits and off-street parking spaces, and such other information as may be required by the Commission.

16-33 Relationship to Public Improvement Projects

In all cases, the City Planning Commission shall deny a special permit application or authorization whenever the use will interfere with a public improvement project (including housing, highways, public buildings or facilities, redevelopment or renewal projects, or rights-of-way for sewers, transit or other public facilities) which is approved by or pending before the City Council or the Commission, as determined from the calendar of each agency issued prior to the date of the public meeting on the application for a special permit or authorization.

16-34 Authorizations

16-341 Limited Increase in Parking Spaces for Existing Buildings Without Parking

The City Planning Commission may, by authorization, subject to the otherwise applicable zoning district regulations, allow on-site enclosed accessory off-street parking facilities with a maximum capacity of 15 spaces in existing buildings, provided that the Commission finds that:

(a)        the building does not have accessory off-street parking spaces;

(b)        such parking spaces are needed for and will be used exclusively by the occupants of the use to which they are accessory, except that car sharing vehicles may occupy accessory off-street parking spaces; however, the number of spaces so occupied shall not exceed five spaces or 20 percent of all such parking spaces, whichever is greater. For the purposes of this paragraph (b), such need shall exist where there are special circumstances and there are no reasonably viable alternatives to on-site enclosed parking spaces;

(c)        the parking spaces will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic;

(d)        the parking spaces will not adversely affect pedestrian movement;

(e)        the parking spaces will not be incompatible with, or adversely affect, adjacent uses including uses within the building; and

(f)        the curb cut accessing such parking spaces will not be inconsistent with the character of the existing streetscape.

16-342 Public Parking Lots

The City Planning Commission may authorize public parking lots with a capacity of not more than 150 spaces in the Long Island City area, provided that the otherwise applicable regulations set forth in Sections 36-55 or 44-44 (Surfacing), and Sections 36-56 or 44-45 (Screening) are met.

As a condition for authorizing any such public parking lots, the Commission shall make the following findings:

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

(b)        such use will not create or contribute to serious traffic congestion and will not unduly inhibit vehicular and pedestrian movement;

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

(d)        the streets providing access to such use will be adequate to handle the traffic generated thereby.

The City Planning Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including limitations on signs, or requirements for shielding of floodlights and for locations of entrances and exits.

16-343 Curb Cuts

The City Planning Commission may authorize curb cuts located on a street designated in Section 16-23 (Curb Cut Restrictions), provided the Commission finds that a curb cut at such location:

(a)        is not hazardous to traffic safety;

(b)        will not create or contribute to serious traffic congestion or unduly inhibit vehicular movement;

(c)        will not adversely affect pedestrian movement;

(d)        will not interfere with the efficient functioning of bus lanes, specially designated streets and public transit facilities; and

(e)        will not be inconsistent with the character of the existing streetscape.

16-35 Special Permits

16-351 Accessory Off-Street Parking Spaces

The City Planning Commission may, by special permit, subject to the otherwise applicable zoning district regulations, allow on-site or off-site, open or enclosed, accessory off-street parking facilities with any capacity not otherwise allowed under Section 16-10 (PERMITTED OFF-STREET PARKING IN THE LONG ISLAND CITY AREA), provided the Commission finds that:

(a)        such parking spaces are needed for, and will be used by, the occupants, visitors, customers or employees of the use to which they are accessory, except that car sharing vehicles may occupy accessory off-street parking spaces; however, the number of spaces so occupied shall not exceed five spaces or 20 percent of all such parking spaces, whichever is greater;

(b)        within the vicinity of the site, there are insufficient parking spaces available;

(c)        the facility will not create or contribute to serious traffic congestion or unduly inhibit vehicular and pedestrian movement;

(d)        the facility is so located as to draw a minimum of vehicular traffic to and through local residential streets; and

(e)        adequate reservoir space is provided at the vehicular entrance to accommodate vehicles equivalent in number to 20 percent of the total number of parking spaces, up to 50 parking spaces, and five percent of any spaces in excess of 200 parking spaces, but in no event shall such reservoir spaces be required for more than 50 vehicles. However, in the case of a facility with a capacity of 10 vehicles or less, the Commission may waive this finding.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including traffic improvements, if necessary, and limitations on signs or requirements for shielding or floodlights or for locations of entrances and exits.

16-352 Public Parking Garages and Public Parking Lots

The City Planning Commission may, by special permit, allow public parking garages and public parking lots not otherwise permitted, pursuant to the applicable provisions of Section 74-52 (Parking Garages or Public Parking Lots in High Density Central Areas).

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