36-58 Parking Lot Maneuverability and Curb Cut Regulations

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(a)        Applicability

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

(1)        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; and

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

(i)        the 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

(ii)        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

(3)        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.

In addition, all public parking lots shall comply with the curb cut requirements of paragraph (c) of this Section.

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 this Section.

(b)        Parking Lot Maneuverability

All open parking areas shall comply with the maneuverability standards set forth in the following table.

^*        Figures given are for one-way traffic

^**        Figures given are for two-way traffic

45 DEGREE PARKING LAYOUT (36-58b.1)

90 DEGREE PARKING LAYOUT (36-58b.2)

PARALLEL PARKING/DEAD-END PARKING (36-58b.3)

(c)        Curb Cuts

Curb cuts serving one travel lane shall have a maximum width of 12 feet, excluding splays, and curb cuts serving two travel lanes shall have a maximum width of 24 feet, excluding splays. For parking lots with more than 100 parking spaces, curb cuts of up to 30 feet, excluding splays, shall be permitted.

However, where Fire Department regulations set forth in the Administrative Code of the City of New York require curb cuts of greater width, such curb cuts may be increased to the minimum width acceptable to the Fire Department.

For zoning lots with 100 feet or less of street frontage, only two curb cuts shall be permitted. For every additional 50 feet of street frontage, one additional curb cut shall be permitted.

A minimum distance of 18 feet from any other curb cut on the same or adjacent zoning lots shall be maintained, except where the Commissioner of Buildings determines that, due to the location of curb cuts constructed, prior to November 28, 2007, on adjacent zoning lots, there is no way to locate the curb cut 18 feet from such adjacent existing curb cuts.

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(a)        In C1, C2 and C4 Districts in the Borough of Staten Island or in Community District 10 in the Borough of the Bronx, all zoning lots containing buildings with the following uses shall be subject to the provisions of paragraph (b) of this Section:

(1)        ambulatory diagnostic or treatment health care facilities, as listed in Section 22-14 (Use Group 4), except where such zoning lot contains buildings used for hospitals, as defined in the New York State Hospital Code, or long-term care facilities; or

(2)        child care services as listed under the definition of school in Section 12-10 (DEFINITIONS), except where such zoning lot contains buildings used for houses of worship or, for zoning lots that do not contain buildings used for houses of worship, where the amount of floor area used for child care services is equal to 25 percent or less of the amount of floor area permitted for community facility use on the zoning lot.

(b)        All zoning lots that meet the conditions of paragraph (a) of this Section shall comply with the following provisions:

(1)        Notwithstanding the applicability provisions of paragraph (a) of Section 36-58 (Parking Lot Maneuverability and Curb Cut Regulations), the maneuverability provisions of paragraph (b) and the curb cut provisions of paragraph (c) of such Section shall apply to all group parking facilities, open or enclosed. No tandem parking or attended parking shall be permitted.

(2)        In addition to the screening requirements for open parking areas in Section 36-56, any parking area covered by a roof shall be screened from adjoining zoning lots in Residence Districts and from adjacent streets in accordance with the following provisions:

(i)        Screening shall consist of a wall or barrier or uniformly painted fence of fire resistant material at least six feet high above finished grade and may be interrupted by normal entrances or exits;

(ii)        Such wall, barrier or fence may be opaque or perforated, provided that not more than 50 percent of the surface is open. No chain link fencing shall be permitted. Such screening shall be maintained in good condition at all times;

(iii)        Where the exterior wall of a parking facility facing a street has an opaque area with a width greater than 40 feet and a height greater than six feet, such area shall be treated with a decorative element or material or shall be screened with planting so as to provide visual relief. Such screening or decorative treatment shall be applied to a minimum height of 15 feet above adjoining grade or the height of the wall, whichever is less;

(iv)        For parking areas covered by a roof, where at least half of the surface area of such roof serves as children's play space for buildings containing child care services as listed under the definition of school in Section 12-10 (DEFINITIONS), such covered parking area shall not be considered an "open parking area" for the purposes of Section 37-90 (PARKING LOTS), inclusive, and shall therefore not require perimeter or interior landscaping pursuant to such Section. In lieu thereof, such covered parking area shall be screened in accordance with paragraph (b)(2) of this Section.