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What is NYC ZR § 44-21?

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This section outlines the requirements for accessory off-street parking spaces for manufacturing, commercial, or community facility uses in specified zoning districts. It details the conditions under which parking requirements may be waived and establishes measurement units for parking needs. Applies to building owners developing properties after December 15, 1961.

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

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§ 44-21 General Provisions

ZR § 44-21

M1 M2 M3

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 development after December 15, 1961, for the manufacturing, commercial or community facility uses listed in the table. In addition, all other applicable requirements of this Chapter shall apply as a condition precedent to the use of such development.

After December 15, 1961, if an enlargement results in a net increase in the floor area or other applicable unit of measurement specified in the table in this Section, the same requirements set forth in the table shall apply to such net increase in the floor area or other specified unit of measurement.

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 which may be accommodated by such uses.

The requirements of this Section shall be waived in the following situations:

(a)when, as the result of the application of such requirements, a smaller number of spaces would be required than is specified by the provisions of Section 44-232 (Waiver of Requirements for Spaces Below Minimum Number) or, for certain uses, below the lot area or establishment size thresholds set forth in Section 44-233 (Waiver of requirements for certain small zoning lots or establishments);

(b)when the Commissioner of Buildings has certified, in accordance with the provisions of Section 44-24 (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 44-43 (Location of Access to the Street).

For the purposes of applying the loading requirements of this Chapter, uses are grouped into the following Parking Requirement Categories (PRC) based on how requirements are measured. The specific designations for uses are set forth in the Use Group tables.

REQUIRED OFF-STREET PARKING SPACES FOR MANUFACTURING, COMMERCIAL OR COMMUNITY FACILITY USES

Parking Requirement Category

PRC - A

PRC - B

C

A1

A2

A3

A4

B1

B2

B3

Unit of Measurement

per square feet of floor area 1

per persons-rated capacity

per square feet of lot area 3,4

M1-1 M1-2 M1-3 M2-1 M2-2 M3-1 Districts without an A suffix

M1, M2 M3 Districts with an A suffix outside the Greater Transit Zone

1 per 200

1 per 300

1 per 300 2

1 per 600

1 per 8

1 per 10

1 per 500

M1-4 M1-5 M1-6 M2-3 M2-4 M3-2 Districts without an A suffix

M1, M2 M3 Districts with an A suffix within the Greater Transit Zone

None required

1 For ambulatory diagnostic or treatment facilities listed in Use Group III(B), cellar space, except cellar space used for storage shall be included to determine parking requirements.

2 Parking requirements for uses in PRC-A3 may be reduced by permit of the Board of Standards and appeals in accordance with the provisions of Section 73-44.

3 In the case of golf driving ranges, the requirements in this table apply only to that portion of the range used for tees.

4 In the case of outdoor skateboard parks, in M3-1 Districts, the requirements of this table apply only to that portion used as skating runs and accessory buildings. The floor area of accessory buildings shall be considered lot area for the purpose of these requirements.

PRC - D

PRC - E

PRC - F

D1

D2

E1

E2

E3

F1

F2

per square feet of floor area or per employees 5

per bed

per guest room or suites

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

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

1 per 5 6

n/a

1 per 1

1 per 10 6

5 For predominantly open storage of miscellaneous uses or predominantly open manufacturing uses, the lot area used for such uses shall be considered as floor area for the purposes of these requirements.

6 Parking requirements for uses in PRC-E1 are in addition to area utilized for ambulance parking.

PRC - G

Agricultural uses

Outdoor racket courts

Outdoor skating rinks

Seminaries

Schools

Museums or non-commercial art galleries

per square feet of lot area used for selling purposes

per court

per square feet of lot area

per square feet of floor area used for classrooms, laboratories, student centers or offices

per square feet of floor area

1 per 1,000

1 per 2

1 per 800

PRC - G (continued)

Court houses

Fire or Police stations

Prisons

Docks

Camps, overnight and day

Post Offices

Funeral Establishments

Riding academies or stables

per beds-rated capacity

see Section 62-43

per square feet of lot area or per employees

1 per 2,000 or 1 per 3

1 per 1,200

1 per 400

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