§ 30-02 Open Lots Used for Storage or Sale of Motor Vehicles.
RCNY § 30-02
(a)General.
(1)(i) These rules shall apply to all open premises used for the storage or sale of more than four motor vehicles except as otherwise noted, including public parking lots, motor vehicle sales lots, accessory open parking spaces, etc. hereafter established and to all such existing premises hereafter enlarged or changed in location.
(ii)Before any premises is occupied for the storage or sale of motor vehicles, plans or diagrams and application shall be filed with the Department of Buildings by an applicant and a Certificate of Occupancy obtained from the Department. Application shall be made on forms furnished by the Department. Such Certificate of Occupancy shall contain inter alia, the maximum number of vehicles to be accommodated and the type of vehicle (private passenger or commercial).
(2)An application for or including an open parking lot shall be accompanied by a plan showing: (i) dimensions of the plot and its location in relation to adjoining streets; (ii) any structure existing or to be erected on the plot; (iii) the relative elevations of the parking area, curbs and adjoining yards or courts; (iv) the nature of the walls of adjoining structures, if any, i.e., whether masonry, frame, metal, etc.; (v) retaining walls to be built; (vi) retaining walls and open spaces, if any, on adjoining premises; (vii) existing curb cuts and fences; (viii) method of providing drainage of the lot; (ix) material used to surface lot; (x) etc. The application shall also submit such other information as may be requested by the Commissioner.
(3)(i) Construction of curb cuts and sidewalks shall comply with the provisions of § 27-558 of the Administrative Code. No Certificate of Occupancy shall be issued unless a drop curb permit has been obtained.
(iii)For passenger vehicles with a capacity of not more than nine persons, the minimum width of a curb cut shall be 10 feet including splays, and the minimum width of all entrances and driveways leading to parking spaces shall be eight feet. For all other motor vehicles the minimum width of all driveways shall be 10 feet.
(iv)No motor vehicle may be stored or parked in any location where it would obstruct a required window or required exit.
(4)Openings in enclosures shall be restricted to vehicular entrances and exits on the street frontages. The width of a vehicular entrance and exit shall not exceed the length of the curb cut plus eight feet on each side or 46 feet, whichever is smaller.
(5)(i) Open parking lots shall be graded to conform approximately to the elevation of the abutting sidewalks and properties and shall be maintained so that no drainage will flow onto abutting sidewalks and adjoining properties. Grade separation between the parking lot and properties may be established if masonry retaining walls approved by the Commissioner are installed.
(6)A sign which does not comply with all the requirements of the Administrative Code and the Zoning Resolution shall not be erected or maintained. Signs which may be erected shall be made secure, neatly lettered and properly maintained.
(7)(i) An open parking lot shall be occupied and used for the purpose stated on the Certificate of Occupancy; no other use, occupancy or service shall be conducted on the premises.
(b)Additional rules to be applied where there are 10 or more motor vehicles.
(c)Parking lots for four or fewer motor vehicles. Where there is hereafter established, provision for 4 or less motor vehicles, the premises shall comply with the applicable provisions of the Zoning Resolution in addition to sections of the above rules numbered (a)(1)(ii), (a)(2), (a)(3)(i), (a)(3)(ii), (a)(3)(iii), (a)(3)(iv)-(a)(5)(i), (a)(5)(ii)-(6)-(a)(7)(i), (a)(7)(ii), (a)(7)(iii)-(b)(4).
(d)Existing open parking lots. Existing Open Parking Lots shall comply with the condition of their prior approval and with sections of the above rules numbered (a)(3)(i), (a)(3)(iv)-(a)(4)-(a)(5)(i), (a)(5)(ii), (a)(5)(iii)-(a)(7)(ii), (a)(7)(iii)-(b)(1)-(b)(2), (b)(2)(ii), (b)(2)(iii)-(b)(3)(i)-(b)(4). Note: Before any business is conducted on any premises coming within the scope of these regulations, the person conducting or maintaining the business shall obtain such licenses as may be necessary from the Commissioner of Licenses, Department of Consumer Affairs, as required by § 20-321 of the Administrative Code. In addition to compliance with these rules, open parking lots shall comply with applicable provisions of the Zoning Resolution and such other laws as may apply. The following rules previously promulgated by the Commissioner of Buildings will be repealed: (1) Public Parking Lots, filed with City Clerk October 13, 1964.
