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What is NYC ZR § 93-831?

Quick Answer

This section allows the City Planning Commission to authorize above-grade parking facilities that do not comply with certain provisions, under specific conditions related to subsurface challenges and compatibility with surrounding buildings. Applies to property owners seeking to establish above-grade parking solutions in challenging locations.

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

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§ 93-831 Authorization for above-grade parking

ZR § 93-831

The City Planning Commission may authorize parking facilities that do not comply with the provisions of paragraph (b) of Section 93-83 (Use and Location of Parking Facilities) and may authorize floor space used for parking and located above a height of 23 feet to be exempt from the definition of floor area, provided that:

(a)below-grade parking has been provided to the fullest extent feasible, and such above-grade facility is necessary due to subsurface conditions such as the presence of bedrock, railroad rights-of-way or other conditions that impose practical difficulties for the construction of below-grade parking facilities;

(b)the scale of the parking facility is compatible with the scale of buildings in the surrounding area;

(c)the materials and articulation of the street wall of the parking facility are compatible with buildings in the surrounding area;

(d)the ground floor level of such parking facilities that front upon streets is occupied by commercial, community facility or residential uses that activate all such adjoining streets, except at the entrances and exits to the parking facility. Where site planning constraints make such uses infeasible, the parking facility shall be screened from adjoining streets or public access areas with a densely planted buffer strip at least 10 feet deep. Where such screening is not desirable, such ground floor wall of the parking facility shall be articulated in a manner that provides visual interest;

(e)any floor space above the ground floor level utilized for parking is located, to the greatest extent feasible, behind commercial, community facility or residential floor area, to minimize the visibility of the parking facility from adjoining streets or public access areas. Any exterior wall of the parking facility visible from an adjoining street or public access area shall be articulated in a manner that is compatible with buildings in the surrounding area;

(f)for portions of parking facilities that are visible from streets, publicly accessible open areas or nearby properties, interior lighting and vehicular headlights are shielded to minimize glare on such streets, public access areas or properties; and

(g)the location of vehicular entrances and exits will not unduly inhibit surface traffic and pedestrian flow.

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

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