Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC ZR § 101-534?

Quick Answer

This section allows the City Planning Commission to grant special permits for public parking garages that do not comply with certain regulations, provided they meet specified criteria related to compatibility with the surrounding area, traffic management, and aesthetic considerations. Applies to developers and operators of public parking garages in high-density areas.

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

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 101-534 Special permit for public parking garages

ZR § 101-534

Section 74-194 (Public parking garages or public parking lots in high density central areas) shall not apply to public parking garages. In lieu thereof, the City Planning Commission may permit:

(a)a public parking garage that does not comply with the provisions of Section 101-531 (Public parking garages), provided that such garage complies with all other applicable regulations set forth in Section 101-50 (OFF-STREET PARKING AND OFF-STREET LOADING REGULATIONS); and

(b)floor space on one or more stories, up to a height of 23 feet above curb level, to be exempted from the definition of floor area as set forth in Section 12-10.

In order to grant a special permit for such use or floor area exemption, the Commission shall find that:

(1)such use will be compatible with the surrounding area, and will not adversely affect the growth and development of uses comprising vital and essential functions in the general area within which such use is to be located;

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

(3)the ground floor level of such parking facilities that front upon streets with a width of 60 feet or more, or that front upon public access areas, is occupied by commercial, community facility or residential uses that generate activity on all such adjoining streets or public areas, 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 such adjoining streets or public access areas with a strip at least five feet deep, densely planted with shrubs or trees that are at least four feet high at the time of planting and that are of a type which may be expected to form a year-round dense screen, at least six feet high, within three years. Where such screening is not desirable, a total of at least 50 percent of the exterior building wall with adjacent parking spaces shall consist of opaque materials that include graphic or sculptural art, or living plant material;

(4)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, so as to minimize the visibility of the parking facility from adjoining streets with a width of 60 feet or more, 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;

(5)such use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow and that the streets providing access to such use will be adequate to handle the traffic generated thereby;

(6)such use and its vehicular entrances and exits are so located as to draw a minimum of vehicular traffic to and through residential streets in nearby areas; and

(7)if any floor space is exempted from the definition of floor area, such additional floor space is necessary to prevent excessive on-street parking demand and relieve traffic congestion.

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

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 101-534?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters