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What is NYC ZR § 13-442?

Quick Answer

This section allows the City Planning Commission to authorize an increase in parking spaces for existing buildings that were developed without parking. The total number of spaces cannot exceed what is permitted under Section 13-10, and additional spaces are limited to 15. Applies to property owners seeking to expand parking facilities.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 13-442 Limited increase in parking spaces for existing buildings without parking

ZR § 13-442

The City Planning Commission may, by authorization, allow an increase in the number of parking spaces in an existing parking facility or the creation of a new parking facility associated with an existing building developed without parking, provided that the limitations of paragraph (a) and the findings of paragraph (b) of this Section are met.

LimitationsThe total number of parking spaces in a parking facility, inclusive of any existing spaces, where applicable, shall not exceed what would be permitted if such facility were developed in accordance with the provisions of Section 13-10 (PERMITTED OFF-STREET PARKING IN THE MANHATTAN CORE). However, in no event shall the number of additional spaces authorized pursuant to this Section exceed 15 spaces.

FindingsThe Commission shall find that: 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; 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; such use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow; and such parking facility will not be inconsistent with the character of the existing streetscape.

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;

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;

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

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.

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