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What is NYC ZR § 16-351?

Quick Answer

This section allows the City Planning Commission to grant special permits for accessory off-street parking facilities, provided they meet specific findings related to traffic, streetscape character, and parking availability. The statute applies to developments or existing buildings seeking to increase parking capacity beyond existing limits.

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§ 16-351 Accessory off-street parking spaces

ZR § 16-351

The City Planning Commission may, by special permit, allow the off-street parking facilities listed in paragraph (a) of this Section, provided that such parking facilities comply with the findings of paragraph (b).

Eligible parking facilitiesThe Commission may permit, on-site or off-site, open or enclosed, accessory off-street parking facilities: associated with developments or enlargements, with any capacity not otherwise allowed under Section 16-10 (PERMITTED OFF-STREET PARKING IN THE LONG ISLAND CITY AREA); or associated with an existing parking facility or an existing building developed without parking, beyond the capacity authorized pursuant to Section 16-341 (Limited increase in parking spaces for existing buildings).

associated with developments or enlargements, with any capacity not otherwise allowed under Section 16-10 (PERMITTED OFF-STREET PARKING IN THE LONG ISLAND CITY AREA); or

associated with an existing parking facility or an existing building developed without parking, beyond the capacity authorized pursuant to Section 16-341 (Limited increase in parking spaces for existing buildings).

FindingsThe Commission shall find that: within the vicinity of the site, there are insufficient parking spaces available; 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; such parking facility will not be inconsistent with the character of the existing streetscape; and adequate reservoir space is provided at the vehicular entrance to accommodate vehicles equivalent in number to 20 percent of the total number of parking spaces, up to 50 parking spaces, and five percent of any spaces in excess of 200 parking spaces, but in no event shall such reservoir spaces be required for more than 50 vehicles. However, in the case of a facility with a capacity of 10 vehicles or less, the Commission may waive this finding.

within the vicinity of the site, there are insufficient parking spaces available;

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;

such parking facility will not be inconsistent with the character of the existing streetscape; and

adequate reservoir space is provided at the vehicular entrance to accommodate vehicles equivalent in number to 20 percent of the total number of parking spaces, up to 50 parking spaces, and five percent of any spaces in excess of 200 parking spaces, but in no event shall such reservoir spaces be required for more than 50 vehicles. However, in the case of a facility with a capacity of 10 vehicles or less, the Commission may waive this finding.

The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including traffic improvements, if necessary, and limitations on signs or requirements for shielding or floodlights or for locations of entrances and exits.

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