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// CODE SNIPPET

36-20 Required Accessory Off-Street Parking Spaces for Commercial or Community Facility Uses

NYC Zoning Resolution > III Commercial District Regulations > 6 Accessory Off-Street Parking and Loading Regulations Off-Street Parking Regulations > 36-20 Required Accessory Off-Street Parking Spaces for Commercial or Community Facility Uses
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(12/15/61)

36-21 General Provisions

(3/22/16)

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, #accessory# off-street parking spaces, open or enclosed, shall be provided in conformity with the requirements set forth in the table in this Section for all #developments# after December 15, 1961, for the #commercial# or #community facility uses# listed in the table. If an #enlargement# results in a net increase in the #floor area# or other applicable unit of measurement specified in the table, the same requirements set forth in the table shall apply to such net increase in the #floor area# or other specified unit of measurement. In addition, all other applicable requirements of this Chapter shall apply as a condition precedent to the #use# of such #development# or #enlargement#.

A parking space is required for a portion of a unit of measurement one-half or more of the amount set forth in the table.

For the purposes of this Section, a tract of land on which a group of such #uses# is #developed#, under single ownership or control, shall be considered a single #zoning lot#.

For those #uses# for which rated capacity is specified as the unit of measurement, the Commissioner of Buildings shall determine the rated capacity as the number of persons that may be accommodated by such #uses#.

The requirements of this Section shall be waived in the following situations:
  1. when, as a result of the application of such requirements, a smaller number of spaces would be required than is specified by the provisions of Section 36-23 (Waiver of Requirements for Spaces below Minimum Number);
  2. when the Commissioner of Buildings has certified, in accordance with the provisions of Section 36-24 (Waiver of Requirements for All Zoning Lots Where Access Would Be Forbidden), that there is no way to arrange the spaces with access to the #street# to conform to the provisions of Section 36-53 (Width of Curb Cuts and Location of Access to the Street);
  3. for houses of worship, in accordance with the provisions of Section 36-25 (Waiver for Locally-Oriented Houses of Worship);
  4. for ambulatory diagnostic or treatment health care facilities, as listed in Section 22-14 (Use Group 4), or child care services, as listed under the definition of #school# in Section 12-10 (DEFINITIONS), pursuant to Section 36-27 (Waiver for small zoning lots containing certain community facility uses in the Borough of Staten Island and Community District 10 in the Borough of the Bronx).

Type of Use

Parking Spaces Required in Relation to Specified Unit of Measurement

Districts

FOR COMMERCIAL USES

Court houses

None required

C1-5 C1-6 C1-7 C1-8 C1-9 C2-5 C2-6 C2-7 C2-8 C4-4A C4-4L C4-5 C4-5A C4-5X C4-6 C4-7 C5 C6 C8-4

1 per 500 sq. ft. of floor area

C1-1 C2-1 C3 C4-1

1 per 800 sq. ft. of floor area

C1-2 C2-2 C4-2 C8-1

1 per 1,000 sq. ft. of floor area

C1-3 C2-3 C4-2A C4-3 C8-2

1 per 2,000 sq. ft. of floor area

C1-4 C2-4 C4-4 C4-5D C8-3

Food stores with 2,000 or more square feet of floor area per establishment. Uses in PRC-A in Use Group 6

None required

C1-5 C1-6 C1-7 C1-8 C1-9 C2-5 C2-6 C2-7 C2-8 C4-4A C4-4L C4-5 C4-5A C4-5X C4-6 C4-7 C5 C6 C8-4

1 per 100 sq. ft. of floor area

C1-1 C2-1 C4-1

1 per 200 sq. ft. of floor area

C1-2 C2-2 C4-2 C8-1

1 per 300 sq. ft. of floor area

C1-3 C2-3 C4-2A C4-3 C7 C8-2

1 per 1,000 sq. ft. of floor area

C1-4 C2-4 C4-4 C4-5D C8-3

General retail or service uses. Food stores with less than 2,000 square feet of floor area. Uses in PRC-B in Use Group 6, 8, 9, 10 or 12 or when permitted by special permit; or uses in PRC-B1 in Use Group 6, 7, 8, 9, 10, 11, 13, 14 or 16

None required

C1-5 C1-6 C1-7 C1-8 C1-9 C2-5 C2-6 C2-7 C2-8 C4-4A C4-4L C4-5 C4-5A C4-5X C4-6 C4-7 C5 C6 C8-4

1 per 150 sq. ft. of floor area1 

C1-1 C2-1 C3 C4-1

1 per 300 sq. ft. of floor area1 

C1-2 C2-2 C4-2 C8-1

1 per 400 sq. ft. of floor area1 

C1-3 C2-3 C4-2A C4-3 C7 C8-2

1 per 1,000 sq. ft. of floor area

C1-4 C2-4 C4-4 C4-5D C8-3

Light manufacturing or semi-industrial uses. Uses in PRC-F in Use Group 11 or 16, and with a minimum of either 7,500 square feet of floor area or 15 employees

None required

C5 C6 C8-4

1 per 1,000 sq. ft. of floor area, or 1 per 3 employees, whichever will require a larger number of spaces

C8-1 C8-2 C8-3

Low traffic-generating uses. Uses in PRC-C in Use Group 6, 7, 9, 12, 13, 14 or 16 or when permitted by special permit

None required

C1-5 C1-6 C1-7 C1-8 C1-9 C2-5 C2-6 C2-7 C2-8 C4-4A C4-4L C4-5 C4-5A C4-5X C4-6 C4-7 C5 C6 C8-4

1 per 400 sq. ft. of floor area

C1-1 C2-1 C3 C4-1

1 per 600 sq. ft. of floor area

C1-2 C2-2 C4-2 C8-1

1 per 800 sq. ft. of floor area

C1-3 C2-3 C4-2A C4-3 C7 C8-2

1 per 1,000 sq. ft. of floor area

C1-4 C2-4 C4-4 C4-5D C8-3

Places of assembly. Uses in PRC-D in Use Group 6, 8, 9, 10, 12, 13 or 14 or when permitted by special permit

None required

C1-5 C1-6 C1-7 C1-8 C1-9 C2-5 C2-6 C2-7 C2-8 C4-4A C4-4L C4-5 C4-5A C4-5X C4-6 C4-7 C5 C6 C8-4

1 per 4 persons rated capacity

C1-1 C2-1 C3 C4-1

1 per 8 persons rated capacity

C1-2 C2-2 C4-2 C8-1

1 per 12 persons rated capacity

C1-3 C2-3 C4-2A C4-3 C7 C8-2

1 per 25 persons rated capacity

C1-4 C2-4 C4-4 C4-5D C8-3

Open commercial amusements. Uses in PRC-E in Use Group 13 or 15, or when permitted by special permit

None required

C8-3 C8-4

1 per 500 sq. ft. of lot area2

C3 C8-1

1 per 2,000 sq. ft. of lot area2

C7 C8-2

Storage or miscellaneous uses. Uses in PRC-G in Use Group 10 or 16, or when permitted by special permit, and with a minimum of 10,000 square feet of floor area or 15 employees

None required

C4-4A C4-4L C4-5 C4-5A C4-5X C4-6 C4-7 C5 C6 C8-4

1 per 2,000 sq. ft. of floor area3, or 1 per 3 employees, whichever will require a lesser number of spaces

C4-1 C4-2 C4-3 C4-4 C4-5D C8-1 C8-2 C8-3

Other commercial uses. Uses in PRC-H in Use Group 5, 6, 7, 8, 9, 10, 13 or 14, or when permitted by special permit

Boatels

1 per 2 guest rooms or suites

C2 C3 C6 C8

Camps, overnight or day, with a minimum of either 10,000 square feet of lot area or 10 employees

1 per 2,000 sq. ft. of lot area, or 1 per 3 employees; whichever will require a lesser number of spaces

C1 C2 C3 C7 C8

Docks for non-commercial pleasure boats; rental boats; ferries; sightseeing, excursion or sport fishing vessels; or passenger ocean vessels

(see Section 62-43 for parking requirement)

Funeral establishments

None required

C1-5 C1-6 C1-7 C1-8 C1-9 C2-5 C2-6 C2-7 C2-8 C4-4A C4-4L C4-5 C4-5A C4-5X C4-6 C4-7 C6 C8-4

1 per 200 sq. ft. of floor area

C1-1 C2-1 C4-1

1 per 400 sq. ft. of floor area

C1-2 C2-2 C4-2 C8-1

1 per 600 sq. ft. of floor area

C1-3 C4-3 C1-4 C4-4 C2-3 C2-4 C4-2A C4-5D C8-2 C8-3

Hotels

(a) For that floor area used for sleeping accommodations

None required

C1-5 C1-6 C1-7 C1-8 C1-9 C2-5 C2-6 C2-7 C2-8 C4-4A C4-4L C4-5 C4-5A C4-5X C4-6 C4-7 C5 C6 C8-4

1 per 4 guest rooms or suites

C2-1 C4-1

1 per 8 guest rooms or suites

C2-2 C4-2 C8-1

1 per 12 guest rooms or suites

C2-3 C2-4 C4-2A C4-3 C4-4 C4-5D C8-2 C8-3

(b) For that floor area used for meeting halls, auditoriums, eating or drinking places, wedding chapels or banquet halls, or radio or television studios

None required

C1-5 C1-6 C1-7 C1-8 C1-9 C2-5 C2-6 C2-7 C2-8 C4-4A C4-4L C4-5 C4-5A C4-5X C4-6 C4-7 C5 C6 C8-4

1 per 4 persons-rated capacity

C2-1 C4-1

1 per 8 persons-rated capacity

C2-2 C4-2 C8-1

1 per 12 persons-rated capacity

C2-3 C4-2A C4-3 C8-2

1 per 25 persons-rated capacity

C2-4 C4-4 C4-5D C8-3

Motels or tourist cabins

1 per guest room or suite

C2 C6 C8

Post offices

None required

C1-5 C1-6 C1-7 C1-8 C1-9 C2-5 C2-6 C2-7 C2-8 C4-4A C4-4L C4-5 C4-5A C4-5X C4-6 C4-7 C5 C6 C8-4

1 per 800 sq. ft. of floor area

C1-1 C2-1 C3 C4-1

1 per 1,200 sq. ft. of floor area

C1-2 C2-2 C4-2 C8-1

1 per 1,500 sq. ft. of floor area

C1-3 C2-3 C4-2A C4-3 C8-2

1 per 2,000 sq. ft. of floor area

C1-4 C2-4 C4-4 C4-5D C8-3

Prisons

None required

C4-4 C4-5 C4-6 C4-7 C6 C8-3 C8-4

1 per 10 beds-rated capacity

C4-1 C4-2 C8-1

1 per 20 beds-rated capacity

C4-2A C4-3 C8-2

Refreshment stands, drive-ins

1 per 50 sq. ft. of floor area

C2-1 C2-2 C2-3 C7 C8-1 C8-2

1 per 100 sq. ft. of floor area

C2-4 C2-5 C2-6 C2-7 C2-8 C6 C8-3 C8-4

FOR COMMUNITY FACILITY USES

Agricultural uses, including greenhouses, nurseries or truck gardens

None required

C1-4 C1-5 C1-6 C1-7 C1-8 C1-9 C2-4 C2-5 C2-6 C2-7 C2-8 C4-4 C4-5 C4-6 C4-7 C5 C6 C8-3 C8-4

1 per 1,000 sq. ft. of lot area used for selling purposes

C1-1 C1-2 C2-1 C2-2 C3 C4-1 C4-2 C8-1

1 per 2,500 sq. ft. of lot area used for selling purposes

C1-3 C2-3 C4-2A C4-3 C8-2

Ambulatory diagnostic or treatment health care facilities listed in Use Group 4

None required

C1-5 C1-6 C1-7 C1-8 C1-9 C2-5 C2-6 C2-7 C2-8 C4-4A C4-4L C4-5 C4-5A C4-5X C4-6 C4-7 C5 C6 C8-4

1 per 1501 sq. ft. of floor area and cellar space, except cellar space used for storage

C1-1 C2-1 C3 C4-1

1 per 3001 sq. ft. of floor area and cellar space, except cellar space used for storage

C1-2 C2-2 C4-2 C8-1

1 per 4001 sq. ft. of floor area and cellar space, except cellar space used for storage

C1-3 C2-3 C4-2A C4-3 C7 C8-2

1 per 1,000 sq. ft. of floor area and cellar space, except cellar space used for storage

C1-4 C2-4 C4-4 C4-5D C8-3

1 per 400 sq. ft. of floor area when located above the first story ceiling

C1-1, C1-2, C2-1 and C2-2 Districts mapped within R3-2 Districts

1 per 400 sq. ft. of floor area and cellar space, except cellar space used for storage, when located in community facility buildings or when located above the first story ceiling in buildings with both commercial and community facility uses

C1-1, C1-2, C2-1 and C2-2 Districts mapped within R1, R2, R3A, R3X and R3-1 Districts, and C4-1 and C4-2 Districts, in the Borough of Staten Island and Community District 10 in the Borough of the Bronx

Child care services, as listed under the definition of school in Section 12-10 (DEFINITIONS), in lower density growth management areas

1 per 1000 sq. ft. when located in community facility buildings or when located above the first story ceiling in buildings with both commercial and community facility uses

C1-1, C1- 2, C2-1 and C2-2 Districts mapped within R1, R2, R3A, R3X and R3-1 Districts, and C4-1 and C4-2 Districts, in the Borough of Staten Island and Community District 10 in the Borough of the Bronx

Clubs, community centers or settlement houses; philanthropic or non-profit institutions without sleeping accommodations excluding ambulatory diagnostic or treatment health care facilities listed in Use Group 4; golf course club houses; non-commercial recreation centers; or welfare centers

None required

C1-4 C1-5 C1-6 C1-7 C1-8 C1-9 C2-4 C2-5 C2-6 C2-7 C2-8 C4-4 C4-5 C4-6 C4-7 C5 C6 C8-3 C8-4

1 per 10 persons-rated capacity

C1-1 C1-2 C2-1 C2-2 C3 C4-1 C4-2 C8-1

1 per 20 persons-rated capacity

C1-3 C2-3 C4-2A C4-3 C7 C8-2

College student dormitories and fraternity or sorority student houses

None required

C1-4 C1-5 C1-6 C1-7 C1-8 C1-9 C2-4 C2-5 C2-6 C2-7 C2-8 C4-4 C4-5 C4-6 C4-7 C5 C6

1 per 6 beds

C1-1 C1-2 C2-1 C2-2 C3 C4-1 C4-2

1 per 12 beds

C1-3 C2-3 C4-2A C4-3

Colleges, universities, or seminaries

(a) For that floor area used for classrooms, laboratories, student centers or offices

None required

C1-4 C1-5 C1-6 C1-7 C1-8 C1-9 C2-4 C2-5 C2-6 C2-7 C2-8 C4-4 C4-5 C4-6 C4-7 C5 C6 C8-3 C8-4

1 per 1,000 sq. ft. of floor area

C1-1 C1-2 C2-1 C2-2 C3 C4-1 C4-2 C8-1

1 per 2,000 sq. ft. of floor area

C1-3 C2-3 C4-2A C4-3 C8-2

(b) For that floor area used for theaters, auditoriums, gymnasiums or stadiums

None required

C1-4 C1-5 C1-6 C1-7 C1-8 C1-9 C2-4 C2-5 C2-6 C2-7 C2-8 C4-4 C4-5 C4-6 C4-7 C5 C6 C8-3 C8-4

1 per 8 persons-rated capacity

C1-1 C1-2 C2-1 C2-2 C3 C4-1 C4-2 C8-1

1 per 16 persons-rated capacity

C1-3 C2-3 C4-2A C4-3 C7 C8-2

Hospitals and related facilities4

1 per 5 beds

C1-1 C1-2 C2-1 C2-2 C3 C4-1 C4-2 C8-1

1 per 8 beds

C1-3 C1-4 C2-3 C2-4 C4-2A C4-3 C4-4 C4-5D C8-2 C8-3

1 per 10 beds

C1-5 C1-6 C1-7 C1-8 C1-9 C2-5 C2-6 C2-7 C2-8 C4-4A C4-4L C4-5 C4-5A C4-5X C4-6 C4-7 C5 C6 C8-4

Houses of worship, applicable only to the facility’s largest room of assembly; however, rooms separated by movable partitions shall be considered a single room

None required

C1 and C2 Districts mapped within R6, R7, R8, R9 or R10 Districts, C1-6 C1-7 C1-8 C1-9 C2-6 C2-7 C2-8 C4-2A C4-3 C4-4 C4-5 C4-6 C4-7 C5 C6 C8-2 C8-3 C8-4

1 per 10 persons-rated capacity

C1 and C2 Districts mapped within R1, R2 or R3 Districts, C3 C4-1

1 per 15 persons-rated capacity

C1 and C2 Districts mapped within R4 and R5 Districts, C4-2 C8-1

Libraries, museums or non-commercial art galleries5

None required

C1-4 C1-5 C1-6 C1-7 C1-8 C1-9 C2-4 C2-5 C2-6 C2-7 C2-8 C4-4 C4-5 C4-6 C4-7 C5 C6

1 per 1,000 sq. ft. of floor area

C1-1 C1-2 C2-1 C2-2 C3 C4-1 C4-2

1 per 2,000 sq. ft. of floor area

C1-3 C2-3 C4-2A C4-3

Outdoor skating rinks

None required

C1-4 C1-5 C1-6 C1-7 C1-8 C1-9 C2-4 C2-5 C2-6 C2-7 C2-8 C4-4 C4-5 C4-6 C4-7 C5 C6 C8-3 C8-4

1 per 800 sq. ft. of lot area

C1-1 C1-2 C2-1 C2-2 C3 C4-1 C4-2 C8-1

1 per 2,000 sq. ft. of lot area

C1-3 C2-3 C4-2A C4-3 C7 C8-2

Outdoor tennis courts

None required

C1-4 C1-5 C1-6 C1-7 C1-8 C1-9 C2-4 C2-5 C2-6 C2-7 C2-8 C4-4 C4-5 C4-6 C4-7 C5 C6 C8-3 C8-4

1 per 2 courts

C1-1 C1-2 C2-1 C2-2 C3 C4-1 C4-2 C8-1

1 per 5 courts

C1-3 C2-3 C4-2A C4-3 C7 C8-2

Philanthropic or non-profit institutions with sleeping accommodations; long-term care facilities, except that independent living dwelling units within a continuing care retirement community shall be subject to the accessory off- street parking requirements of Section 36-30. For the purposes of applying such requirements, dwelling units shall be as defined in Section 28-02

None required

C1-4 C1-5 C1-6 C1-7 C1-8 C1-9 C2-4 C2-5 C2-6 C2-7 C2-8 C4-4 C4-5 C4-6 C4-7 C5 C6

1 per 10 beds

C1-1 C1-2 C2-1 C2-2 C3 C4-1 C4-2

1 per 20 beds

C1-3 C2-3 C4-2A C4-3


NOTE: PRC = Parking Requirement Category

  • 1      The parking requirements for ambulatory diagnostic or treatment facilities listed in Use Group 4 and #uses# in PRC-B1 may be reduced by permit of the Board of Standards and Appeals in accordance with the provisions of Section 73-44 (Reduction of Parking Spaces for Ambulatory Diagnostic or Treatment Facilities Listed in Use Group 4 and Uses in Parking Requirement Category B1)
  • 2      In the case of golf driving ranges, the requirements in this table apply only to that portion of the range used for tees
  • 3      For predominantly open storage of miscellaneous #uses#, the #lot area# used for such #uses# shall be considered as #floor area# for the purposes of these requirements
  • 4      Requirements are in addition to area utilized for ambulance parking
  • 5      Requirements apply only to the #floor area# not used for storage

36-22 Special Provisions for a Single Zoning Lot with Uses Subject to Different Parking Requirements

(9/9/04)

C1 C2 C3 C4 C5 C6 C7 C8

In all districts indicated, where any #building# or #zoning lot# contains two or more #uses# having different parking requirements as set forth in the following Sections, the parking requirements for each type of #use# shall apply to the extent of that #use#:

Section 36-21 (General Provisions)
Section 36-31 (General Provisions).

However, the number of spaces required for houses of worship or for #uses# in parking requirement category D (Places of Assembly) when in the same #building# or on the same #zoning lot# as any other #use# may be reduced by the Board of Standards and Appeals in accordance with the provisions of Section 73-43 (Reduction of Parking Spaces for Houses of Worship or Places of Assembly)

36-23 Waiver of Requirements for Spaces below Minimum Number

(12/15/61)

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the requirements for #accessory# off-street parking spaces shall be subject to the waiver provisions of this Section.

36-231 In districts with high, medium, or low parking requirements

(3/22/16)

C1-1 C1-2 C1-3 C2-1 C2-2 C2-3 C3 C4-1 C4-2 C4-3 C7 C8-1 C8-2

In the districts indicated, except for the #uses# listed in Section 36-233 (Exceptions to application of waiver provisions), and except as otherwise provided in Section 36-27 (Waiver for Certain Small Zoning Lots), the parking requirements set forth in Sections 36-21 (General Provisions) or 36-22 (Special Provisions for a Single Zoning Lot with Uses Subject to Different Parking Requirements) shall not apply to #commercial uses# in parking requirement category A, B, B1, C, D, E, or H, or to permitted #community facility uses#, if the total number of #accessory# off-street parking spaces required for all such #uses# on the #zoning lot# is less than the number of spaces set forth in the following table:

Districts Number of Spaces
C1-1 C2-1 C3 C4-1 10
C1-2 C2-2 C4-2 C8-1 15
C1-3 C2-3 C4-2A C4-3 C7 C8-2 25

36-232 In districts with very low parking requirements

(6/21/73)

C1-4 C1-5 C1-6 C1-7 C1-8 C1-9 C2-4 C2-5 C2-6 C2-7 C2-8 C4-4 C4-5 C4-6 C4-7 C5 C6 C8-3 C8-4

In all districts indicated, except for the #uses# listed in Section 36-233 (Exceptions to application of waiver provisions), the parking requirements set forth in Section 36-21 (General Provisions) or Section 36-22 (Special Provisions for a Single Zoning Lot with Uses Subject to Different Parking Requirements) shall not apply to:
  1. #commercial uses# in parking requirement category A or B, if the total number of #accessory# off-street parking spaces required for all such #uses# on the #zoning lot# is less than 40, or 100 in the case of C6-1A Districts; or
  2. #commercial uses# in any one of parking requirement categories B1, C, D, E, or H, or a permitted #community facility use#, if the number of #accessory# off-street parking spaces required for the #uses# in each such category or for each such #community facility use# is less than 40.

36-233 Exceptions to application of waiver provisions

(12/15/61)

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the waiver provisions of Section 36-23 (Waiver of Requirements for Spaces below Minimum Number) shall not apply to the following types of #uses#:
  1. #Manufacturing# or semi-industrial #uses# in parking requirement category F in Use Group 11 or 16.
  2. Storage or miscellaneous #uses# in parking requirement category G in Use Group 16, or when permitted by special permit.
  3. The following other #commercial uses# in parking requirement category H in Use Group 7 or 13, or when permitted by special permit:

    #Boatels#

    Camps, overnight or day

    #Motels# or #tourist cabins#

    Refreshment stands, drive-in.
  4. The following #community facility uses#:

    Agricultural #uses#, including greenhouses, nurseries, or truck gardens

    Outdoor tennis courts.

36-24 Waiver of Requirements for All Zoning Lots Where Access Would Be Forbidden

(4/14/10)

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the requirements set forth in Sections 36-21 (General Provisions) or 36-22 (Special Provisions for a Single Zoning Lot with Uses Subject to Different Parking Requirements) shall not apply to any #building# or #zoning lot# as to which the Commissioner of Buildings has certified that there is no way to arrange the required spaces with access to the #street# to conform to the provisions of Section 36-53 (Width of Curb Cuts and Location of Access to the Street). The Commissioner of Buildings may refer such matter to the Department of Transportation for a report and may base the determination on such report.

36-25 Waiver for Locally-Oriented Houses of Worship

(9/9/04)

C1 C2 C3 C4 C8

In the districts indicated, the requirements set forth in Sections 36-21 (General Provisions) and 36-22 (Special Provisions for a Single Zoning Lot with Uses Subject to Different Parking Requirements) shall not apply to a house of worship, provided the Chairperson of the City Planning Commission certifies that:
  1. seventy-five percent or more of the congregants of such house of worship reside within a three-quarter mile radius of the house of worship;
  2. the number of spaces required pursuant to this Section is less than the number of spaces listed in the table in Section 36-23 (Waiver of Requirements for Spaces below Minimum Number); and
  3. such house of worship shall not include, as an #accessory use#, the leasing, licensing or any other grant of permission to utilize a room or other space in such house of worship for the operation of a business engaged in serving food or beverages for functions, occasions or events.
For the purposes of determining the number of spaces required pursuant to this Section, the product of the actual percentage of congregants living within a three-quarter mile radius of the house of worship, computed for the purposes of paragraph (a) of this Section, multiplied by the persons-rated capacity of the largest room of assembly, shall be subtracted from the persons-rated capacity of the largest room of assembly.

The provisions of paragraph (c) of this Section are not intended to restrict the lease, license or other permission to use a room or other space in a house of worship, when given by the house of worship to a person in order to hold a function, occasion or event, where such person hires or retains a business engaged in serving food or beverages for purposes of such function, occasion or event, and provided that such business is not located on the same #zoning lot# as the house of worship, makes its services available to non-congregants, and does not operate its business substantially for the benefit or convenience of congregants or visitors to the house of worship.

A certification pursuant to this Section shall be granted on condition that the certificate of occupancy for such house of worship be marked or amended to provide that #accessory uses# shall not include the utilization of a room or other space in such house of worship for the operation of a business engaged in serving food or beverages for functions, occasions or events. The Chairperson may impose additional conditions and safeguards to ensure compliance with the provisions of this Section, in the form of a signed declaration of restrictions. The filing of any such declaration in the Borough Office of the Register of the City of New York shall be precondition for the issuance of a building permit.

Within 45 days of receipt of a complete application, including documentation of the residence of congregants in a form acceptable to the Department of City Planning, the Chairperson shall either certify that the proposed #development# or #enlargement# complies with the requirements of this Section or disapprove such application, citing the nature of any failure to comply.

36-26 Special Provisions for Zoning Lots Divided by District Boundaries

(9/9/04)

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, whenever a #zoning lot# is divided by a boundary between districts or is subject to other regulations having different requirements for #accessory# off-street parking spaces, the provisions set forth in Article VII, Chapter 7, shall apply.

36-27 Waiver for Certain Small Zoning Lots

(1/18/11)

C1-1 C1-2 C2-1 C2-2 C4-1 C4-2

In C1-1, C1-2, C2-1 and C2-2 Districts mapped within R1, R2, R3A, R3X and R3-1 Districts and in C4-1 and C4-2 Districts, in the Borough of Staten Island and in Community District 10 in the Borough of the Bronx, for #zoning lots# with a #lot area# of 4,000 square feet or less with #buildings# containing either ambulatory diagnostic or treatment health care facilities, as listed in Section 22-14 (Use Group 4), or child care services, as listed under the definition of #school# in Section 12-10 (DEFINITIONS), no #accessory# off-street parking spaces shall be required, provided such #zoning lot# existed both on January 18, 2011, and on the date of application for a building permit.
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