73-45 Modification of Off-Site Parking Provisions

In all districts, the Board of Standards and Appeals may modify the provisions regulating the location of accessory off-street parking spaces provided off the site, in accordance with the provisions of this Section which are applicable in the specified district. However, in no event shall accessory off-street parking spaces be permitted off-site in a public parking garage.

This Section shall not apply to the Manhattan Core where the regulations set forth in Article I, Chapter 3, shall apply.

In all cases, the Board may impose appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

The Board of Standards and Appeals may permit off-site spaces accessory to residences or to non-profit hospital staff dwellings to be located in any district except an R1 or R2 District, or at a greater distance from the zoning lot than the maximum distance specified in the applicable district regulations, provided that the following special findings are made:

(a)        that the required accessory on-street parking spaces cannot reasonably be provided on the zoning lot because of physical conditions including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions;

(b)        that within the maximum permitted radius for off-site parking or within a district other than a Residence District, there is substantial difficulty in obtaining a site of sufficient size to accommodate the required accessory off-street parking spaces because such sites are occupied by substantial improvements;

(c)        that where such spaces are located at a greater distance from the zoning lot than the maximum distance permitted by the district regulations, such distance is not greater than as shown in the following table for the specified districts; and

(d)        that where such off-site spaces are located in a Residence District, they are so located as not to impair the essential character or the future use or development of the nearby residential neighborhood.

The Board of Standards and Appeals may permit off-street parking spaces accessory to a community facility use other than a non-profit hospital staff dwelling, which use is located in an R1, R2, R3 or R4 District, to be provided off-site and located in any district, or may permit off-street parking spaces accessory to a community facility use other than a non-profit hospital staff dwelling, which use is located in any other Residence District, to be provided off-site and located in an R1, R2, R3 or R4 District or located in any other Residence District at a greater distance from the zoning lot than the maximum distance specified in Section 25-53 (Off-site Spaces for Permitted Non-residential Uses), provided that in such instances, all such spaces shall be not further than 600 feet from the nearest boundary of the zoning lot containing such use, and provided further that the following special findings are made:

(a)        that where such spaces are located in an R1 or R2 District, the community facility use to which they are accessory is a use permitted as-of-right in such district;

(b)        that there is no way to arrange such spaces on the same zoning lot as such use;

(c)        that such spaces are so located as to draw a minimum of vehicular traffic to and through streets having predominantly residential frontage; and

(d)        either that such spaces are located on an adjoining zoning lot or a zoning lot directly across the street from such use or, if such spaces are not so located, that there is substantial difficulty in obtaining a site of sufficient size to accommodate the required accessory off-street parking spaces on an adjoining zoning lot or a zoning lot directly across the street from such use or in a location where such off-site spaces would be permitted as-of-right, because such sites are occupied by substantial improvements.

For non-residential uses, other than non-profit hospital staff dwellings, the Board of Standards and Appeals may extend the maximum permitted radius for off-site parking spaces located in Commercial or Manufacturing Districts, as specified in Sections 25-53 (Off-site Spaces for Permitted Non-residential Uses), 36-43 (Off-site Spaces for Commercial or Community Facility Uses) or 44-32 (Off-site Spaces for All Permitted Uses), from 600 to 1,200 feet, whenever the Board finds:

(a)        that the required accessory off-street parking spaces cannot reasonably be provided on the zoning lot because of physical conditions including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions; and

(b)        that, within 600 feet of a boundary of the zoning lot, there is substantial difficulty in obtaining a site of sufficient size to accommodate the required accessory off-street parking spaces because such sites are occupied by substantial improvements.

The Board of Standards and Appeals may modify, as applicable, the provisions of Sections 25-53 (Off-site Spaces for Permitted Non-residential Uses), 25-542 (Shared parking facilities for houses of worship), 36-43 (Off-site Spaces for Commercial or Community Facility Uses), 36-442 (Shared parking facilities for houses of worship), 44-32 (Off-site Spaces for All Permitted Uses) or 44-332 (Shared facilities for houses of worship), relating to the maximum permitted distance of the location of accessory off-street parking spaces for houses of worship, provided that in such instances all such spaces shall be not further than 1,000 feet from the nearest boundary of the zoning lot containing such house of worship, upon finding that:

(a)        such spaces conform to all applicable regulations of the district in which they are located; and

(b)        the location of such spaces will not result in undue traffic congestion in the area.

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