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What is NYC ZR § 13-454?

Quick Answer

This section allows the City Planning Commission to permit additional parking spaces for large-scale developments exceeding 1.5 acres, contingent upon specific findings related to residential or non-residential needs, parking deficits, and measures to minimize parking demand. Applies to developers of large-scale projects requiring parking facilities.

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

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§ 13-454 Additional parking spaces for large development sites

ZR § 13-454

The City Planning Commission may permit a parking facility listed in paragraph (a) of Section 13-45 (Special Permits for Additional Parking Spaces), where such parking facility serves the parking needs of a large-scale development or any other development or enlargement on a tract of land exceeding 1.5 acres, provided that, in addition to the conditions and findings set forth in Section 13-45, the Commission shall find that:

(a)where an increased number of permitted off-street parking spaces in such proposed parking facility would serve the parking needs of a predominantly residential development or enlargement, either finding (a) or finding (b) of Section 13-451 (Additional parking spaces for residential growth) is met; or

(b)where such proposed parking facility would serve the parking needs of a predominantly non-residential development or enlargement, an increased number of permitted off-street parking spaces in such proposed parking facility is essential to the operation of the non-residential uses in such development or enlargement ; and

(c)where a parking deficit is created by the relocation of parking users from off-street parking spaces that will be eliminated through the proposed development or enlargement, the availability of off-street parking in the vicinity of such proposed development or enlargement will be of insufficient capacity to accommodate such potential parking users;

(d)reasonable measures to minimize parking demand have been identified. For existing or enlarged uses, such measures shall have been implemented, where feasible, prior to application, and a commitment by the applicant shall be made, in a form acceptable to the Commission, to continue, and where necessary, improve upon and supplement such measures. For new uses, such measures shall be committed to in a form acceptable to the Commission; and

(e)where phased construction will occur in the large-scale development, or development or enlargement on a tract of land exceeding 1.5 acres, a phased parking plan has been provided that demonstrates that a reasonable and not excessive amount of additional parking spaces is provided in the proposed parking facility in relation to the amount of completed construction within each phase.

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

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