13-40 Certifications, Authorizations and Special Permits in the Manhattan Core

An off-street parking facility in the Manhattan Core may provide a gross unobstructed surface area less than the minimum size required by Section 13-27 (Minimum and Maximum Size of Parking Facilities) upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings that the proposed layout of such parking facility, including, but not limited to, the arrangement of parking spaces, travel aisles and reservoir spaces, where applicable, is sufficient to accommodate the requisite vehicular navigation and turning movements associated with such a facility. In order to make such a determination, the applicant shall provide the Chairperson with dimensioned plan drawings that depict the proposed vehicular movement through the facility, including any relevant maneuverability or turning radius information.  

Where the Chairperson certifies that an accessory off-street parking facility may be reduced in size because vehicles will be limited in length, such restriction shall be noted on the certificate of occupancy.

Floor space used for off-street parking spaces in an accessory automated parking facility, up to a height of 40 feet above curb level, shall be exempt from the definition of floor area upon certification of the Chairperson of the City Planning Commission to the Commissioner of Buildings that:

(a)        the entire automated parking facility will be contained within a completely enclosed building;

(b)        the portion of the street wall of such automated parking facility below a height of 14 feet, as measured above curb level, complies with the screening provisions of Section 13-221 (Enclosure and screening requirements), and the portion of the street wall above a height of 14 feet, will be similar in composition to the portion of the building's street wall immediately above such automated parking facility, including, but not limited to, the choice of building materials and arrangement and amount thereof; and

(c)        such automated parking facility is within a building with a floor area ratio of at least 2.0.

Any application for such certification shall include relevant plan, elevation and section drawings demonstrating compliance with the provisions of this Section.

A copy of an application for certification pursuant to this Section shall be sent by the Department of City Planning to the affected Community Board, which may review such proposal and submit comments to the Chairperson of the City Planning Commission. If the Community Board elects to comment on such application, it must be done within 30 days of receipt of such application. The Chairperson will not act on such application until the Community Board's comments have been received, or the 30 day comment period has expired, whichever is earlier.

The City Planning Commission may authorize, subject to the applicable zoning district regulations, curb cuts located on a wide street, provided the Commission finds that a curb cut at such a 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 or public transit facilities; and

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

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

The City Planning Commission may, by authorization, allow an off-street parking facility in the Manhattan Core with a maximum capacity of 15 spaces in an existing building developed without the provision of parking, provided that the conditions of paragraph (a) and the findings of paragraph (b) of this Section are met.

(a)        Conditions

As a condition for approval, the parking facility shall comply with the applicable provisions of Section 13-20 (SPECIAL RULES FOR MANHATTAN CORE PARKING FACILITIES), except that such parking facility need not comply with the provisions of Section 13-221 (Enclosure and screening requirements).

(b)        Findings

The Commission shall find that:

(1)        the location of the vehicular entrances and exits to the parking facility will not unduly interrupt the flow of pedestrian traffic associated with uses or public facilities, including access points to mass transit facilities in close proximity thereto, or result in any undue conflict between pedestrian and vehicular movements, due to the entering and leaving movement of vehicles;

(2)        the location of the vehicular entrances and exits to such parking facility will not interfere with the efficient functioning of streets, including any lanes designated for specific types of users or vehicles, due to the entering and leaving movement of vehicles;

(3)        such use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow; and

(4)        such parking facility will not be inconsistent with the character of the existing streetscape.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

For off-street parking facilities built prior to May 8, 2013, the City Planning Commission may authorize a reduction in the number of required accessory off-street parking spaces where the Commission finds that such reduction will not have undue adverse effects on residents, businesses or community facilities in the surrounding area, as applicable.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

In accordance with the special permit provisions of Sections 13-451 through 13-455, the City Planning Commission may permit the off-street parking facilities listed in paragraph (a) of this Section, provided that such parking facilities comply with the conditions of paragraph (b) and the findings of paragraphs (c) and (d) of this Section.

(a)        Eligible parking facilities

The City Planning Commission may permit, subject to the otherwise applicable zoning district regulations:

(1)        accessory off-street parking facilities on-site or off-site, open or enclosed, with any capacity, where such facilities:

(i)        are proposed developments or enlargements with a capacity not otherwise allowed under the applicable regulations of Section 13-10 (PERMITTED OFF-STREET PARKING IN THE MANHATTAN CORE); or

(ii)        are existing prior to May 8, 2013, and increasing the number of parking spaces, pursuant to the provisions of Section 13-07 (Existing Buildings and Off-street Parking Facilities);

(2)        public parking lots, where such facilities:

(i)        are proposed developments or enlargements with any capacity not otherwise allowed under the applicable regulations of Section 13-10;

(ii)        are existing prior to May 8, 2013, and increasing the number of parking spaces, pursuant to the provisions of Section 13-07; or

(iii)        are proposed developments or enlargements in locations not permitted by Section 13-14 (Permitted Parking in Public Parking Lots);

(3)        public parking garages, where such facilities:

(i)        are proposed developments or enlargements in the zoning districts permitted, pursuant to paragraph (d) of Section 13-041 (Applicability of parking regulations within the Manhattan Core); or

(ii)        are existing prior to May 8, 2013, and increasing the number of parking spaces pursuant to the provisions of Section 13-07.

The Commission may also permit floor space in such public parking garages used for off-street parking spaces in any story located not more than 23 feet above curb level to be exempt from the definition of floor area, as set forth in Section 12-10.

(b)        Conditions

The proposed parking facility shall comply with the applicable provisions of Section 13-20 (SPECIAL RULES FOR MANHATTAN CORE PARKING FACILITIES). Proposed public parking garages shall utilize the applicable regulations for accessory off-street parking facilities. However, applications to increase the number of parking spaces in parking facilities existing prior to May 8, 2013, need not comply with the provisions of Section 13-221 (Enclosure and screening requirements).

(c)        Findings

The Commission shall find that:

(1)        the location of the vehicular entrances and exits to such parking facility will not unduly interrupt the flow of pedestrian traffic associated with uses or public facilities, including access points to mass transit facilities in close proximity thereto, or result in any undue conflict between pedestrian and vehicular movements, due to the entering and leaving movement of vehicles;

(2)        the location of the vehicular entrances and exits to such parking facility will not interfere with the efficient functioning of streets, including any lanes designated for specific types of users or vehicles, due to the entering and leaving movement of vehicles;

(3)        such use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow;

(4)        for public parking garages, that where any floor space is exempted from the definition of floor area, such additional floor space is needed in order to prevent excessive on-street parking demand and relieve traffic congestion; and

(5)        such parking facility will not be inconsistent with the character of the existing streetscape.

(d)        Additional findings

The Commission shall also find that each proposed off-street parking facility complies with the additional findings set forth in one of the following Sections, as applicable:

(1)        Section 13-451 (Additional parking spaces for residential growth) shall apply to any such parking facility serving the parking needs of a predominantly residential development or enlargement on a tract of land that has or will have an area of less than 1.5 acres;

(2)        Section 13-452 (Additional parking spaces for health care, arts or public assembly uses) shall apply to any such parking facility serving the parking needs of any use listed in paragraph (a) of Section 13-452 on a tract of land that has or will have an area of less than 1.5 acres;

(3)        Section 13-453 (Additional parking spaces for economic development uses) shall apply to any such parking facility serving the parking needs of a non-residential use not otherwise listed in paragraph (a) of Section 13-452 on a tract of land that has or will have an area of less than 1.5 acres;

(4)        Section 13-454 (Additional parking spaces for large development sites) shall apply to any such parking facility serving the parking needs of a large-scale development or any other development or enlargement on a tract of land that has or will have an area of at least 1.5 acres; or

(5)        Section 13-455 (Additional parking spaces for existing accessory off-street parking facilities) shall apply to any such accessory parking facility existing prior to May 8, 2013.

In determining the amount of additional parking spaces to grant pursuant to such additional findings, the Commission may take into account levels of vacancy in existing off-street parking facilities within the area of the proposed parking facility.

The City Planning Commission may permit a parking facility listed in paragraph (a) of Section 13-45 (Special Permits for Additional Parking Spaces), where such parking facility serves the parking needs of a predominantly residential development or enlargement, provided that, in addition to the conditions and findings set forth in Section 13-45, the Commission shall find that either:

(a)        the number of off-street parking spaces in such proposed parking facility is reasonable and not excessive in relation to recent trends in close proximity to the proposed facility with regard to:

(1)        the increase in the number of dwelling units ; and

(2)        the number of both public and accessory off-street parking spaces, taking into account both the construction, if any, of new off-street parking facilities and the reduction, if any, in the number of such spaces in existing parking facilities. In making this determination, the Commission may take into account off-street parking facilities for which building permits have been granted, or which have obtained City Planning Commission special permits pursuant to Section 13-45; or

(b)        the proposed ratio of parking spaces to dwelling units in the proposed development or enlargement does not exceed:

(1)        20 percent of the total number of dwelling units, where such units are located within Community District 1, 2, 3, 4, 5 or 6; or

(2)        35 percent of the total number of dwelling units, where such units are located within Community District 7 or 8.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.