It is hereby declared to be the legislative intent that:

(a)        if a court of competent jurisdiction finds any provisions of this Resolution to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this Resolution shall continue to be separately and fully effective.

(b)        if a court of competent jurisdiction finds the application of any provision or provisions of this Resolution to any zoning lot, building or other structure, or tract of land to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the person, property or situation immediately involved in the controversy, and the application of any such provision to other persons, property or situations shall not be affected.

This Resolution shall take effect one year after the date of its approval by the Board of Estimate.

After the date of approval by the Board of Estimate, applications for permits to build in accordance with the provisions of this Resolution may be filed with and approved by the Department of Buildings, provided that no building permit shall be lawfully issued under this Resolution until such effective date or thereafter.

Words in the text or tables of this Resolution which are italicized shall be interpreted in accordance with the provisions set forth in this Section.

The provisions of this Chapter establish comprehensive regulations for off-street parking in the Manhattan Core, as defined in Section 12-10.

These regulations reflect best practices to address sustainability goals, while accommodating the parking needs of residents and businesses in a balanced manner.

No parking shall be required within the Manhattan Core. As-of-right off-street parking spaces located within accessory off-street parking facilities, automobile rental establishments and public parking lots in the Manhattan Core shall be permitted only as set forth in this Section, inclusive.

All accessory off-street parking facilities, automobile rental establishments, and public parking lots developed, enlarged or extended in the Manhattan Core after May 8, 2013, shall comply with the applicable provisions of this Section, inclusive.

All accessory off-street loading berths provided in the Manhattan Core after May 8, 2013, shall comply with the applicable provisions of this Section, inclusive.

Special regulations for the conversion of non-residential floor area to residences have been established in order to promote and protect public health, safety and general welfare. These goals include, among others, the following specific purposes:

1. to permit owners to increase the return on their investment in appropriate existing buildings by authorizing the conversion to residences or community facilities with sleeping accommodations without requiring that such uses conform to the provisions of Article II of this Resolution;
2. to provide for adequate returns to property owners by allowing more profitable residential or community facilities with sleeping accommodations uses with a limited mix of commercial and manufacturing uses;
3. to ensure the provision of safe and sanitary housing units in converted buildings; and
4. to ensure the provision of adequate amenities in conjunction with residential development.

In all Commercial Districts and Residence Districts, for enlargements of buildings converted to residences, the City Planning Commission may authorize modifications to bulk regulations of Section 23-30 (YARDS, COURTS AND OTHER OPEN AREA REGULATIONS), inclusive, as modified for sky exposure plane buildings.

In order to grant such authorization, the Commission shall find that:

1. the enlarged building is compatible with the scale of the surrounding area;
2. open areas are provided on the zoning lot that are of sufficient size to serve the residents of the building. Such open areas, which may be located on rooftops, courtyards, or other areas on the zoning lot, shall be accessible to and usable by all residents of the building, and have appropriate access, circulation, seating, lighting and paving;
3. the site plan includes superior landscaping for all open areas on the zoning lot, including the planting of street trees; and
4. the enlarged building will not adversely affect structures or open space in the vicinity in terms of scale, location and access to light and air. 

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

The provisions of this Chapter establish special comprehensive regulations for off-street parking in the Long Island City area, as defined in Section 16-02 (Definitions).

These regulations will allow parking to be provided in a manner that supports a mass transit and pedestrian-oriented central mixed use district.

No parking shall be required for the Long Island City area. Off-street parking spaces located within accessory off-street parking facilities, public parking lots and public parking garages in the Long Island City area shall be allowed only as set forth in this Section, inclusive.

All such parking facilities shall be subject to the applicable regulations set forth in Section 16-20.

All accessory off-street parking facilities, public parking lots and public parking garages developed or enlarged after October 25, 1995, in the Long Island City area shall comply with the applicable provisions of this Section, inclusive.

A Resolution regulating the height and bulk of buildings and other structures, regulating and determining the area of yards, courts and other open spaces, and the density of population, and regulating and restricting the location of trades and industries and the location of buildings designed for specific uses within the City of New York, and for such purposes dividing the City into districts.

This Resolution shall be known and may be cited as the Zoning Resolution of the City of New York.

District designations indicated on zoning maps do not apply to public parks, except as set forth in Section 105-91 (Special District Designation on Public Parks) and in paragraph (c) of Section 62-361 (Special floor area regulations). In the event that a public park or portion thereof is sold, transferred, exchanged or in any other manner relinquished from the control of the Commissioner of Parks and Recreation, no building permit shall be issued, nor shall any use be permitted on such former public park or portion thereof, until a zoning amendment designating a zoning district therefor has been adopted by the City Planning Commission and has become effective after submission to the City Council in accordance with the provisions of Section 71-10 (PROCEDURE FOR AMENDMENTS).

The location and boundaries of the districts established by this Resolution are shown upon the zoning maps, which are hereby incorporated into the provisions of this Resolution.  The said zoning maps in their entirety, including all amendments thereto, shall be as much a part of this Resolution as if fully set forth and described herein.

The designation (E) or an environmental restrictive declaration, where listed in APPENDIX C (City Environmental Quality Review (CEQR) Environmental Requirements) of this Resolution, indicate that environmental requirements pertaining to potential hazardous materials, noise or air quality impacts have been established in connection with an amendment of or an action pursuant to this Resolution for one or more tax lots. Such environmental requirements are set forth in the CEQR determination related to such amendment or action.

CEQR determinations are on file with the lead agency and the Mayor’s Office of Environmental Coordination (MOEC). A listing of such CEQR determinations and their related environmental requirements is found within APPENDIX C of this Resolution. (E) designations and environmental restrictive declarations may only be removed from APPENDIX C or modified in accordance with the provisions of paragraph (d) of this Section.

In the case of a merger or subdivision of lots, any of which is subject to an (E) designation or environmental restrictive declaration, such (E) designation or environmental restrictive declaration shall be considered assigned to all portions of the merged or subdivided lots. The environmental requirements of such (E) designation or environmental restrictive declaration shall apply to the merged or subdivided lots, or portions thereof, as determined by the Office of Environmental Remediation (OER).

Tax lots with environmental requirements shall be subject to the following:

(a)        Building permit conditions

Prior to issuing a building permit or temporary or final certificate of occupancy, for any action listed in paragraphs (a)(1), (a)(2) or (a)(3) of this Section, on a tax lot that has an (E) designation or an environmental restrictive declaration related to hazardous materials, noise or air quality, the Department of Buildings (DOB) shall be furnished with a notice issued by OER stating that OER does not object to the issuance of such building permit, or temporary or final certificate of occupancy, in accordance with the applicable rules of the City of New York (OER Notice).

(1)        For hazardous materials

(i)        any development;

(ii)        an enlargement, extension or change of use, any of which involves a residential or a community facility use; or

(iii)        an enlargement or alteration of a building for any use that involves a disturbance of the soil;

(2)        For air quality

(i)        any development;

(ii)        an enlargement, extension or change of use; or

(iii)        an alteration that involves ventilation or exhaust systems, including, but not limited to, stack relocation or vent replacement; or

(3)        For noise

(i)        any development;

(ii)        an enlargement, extension or change of use; or

(iii)        an alteration that involves window or exterior wall relocation or replacement.

(b)        Ongoing site management

In the event that a duly issued OER Notice indicates that a tax lot that has an (E) designation or an environmental restrictive declaration requires ongoing site management, OER may require that a declaration of covenants and restrictions governing the ongoing site management requirements be recorded against the subject tax lot in the Office of the City Register or, where applicable, in the County Clerk’s Office in the county where the lot is located.

As a condition to the issuance of a temporary or final certificate of occupancy or granting of permit sign-off, if no certificate of occupancy is required, DOB shall be provided with proof that the declaration of covenants and restrictions for ongoing site management has been duly recorded. The recording information for the ongoing site management declaration shall be referenced on the first certificate of occupancy to be issued after such declaration is recorded, as well as all subsequent certificates of occupancy, for as long as the declaration remains in effect.

(c)        Modifications

Upon application to OER by the owner of the affected lot(s), OER may, with the consent of the lead agency, modify the environmental requirements set forth in a CEQR determination based upon new information, additional facts or updated standards, as applicable, provided that such modifications are equally protective.

(d)        Completion of environmental requirements

(1)        Removal of tax lots subject to an (E) designation or an environmental restrictive declaration from APPENDIX C

The Department of City Planning (DCP) shall administratively modify APPENDIX C after receiving a duly issued OER Notice, stating that the environmental requirements related to an (E) designation or contained in an environmental restrictive declaration related to potential hazardous materials, noise or air quality have been completed or otherwise no longer apply to a tax lot(s), because:

(i)        no further testing, remediation or ongoing site management is required for hazardous materials contamination;

(ii)        the noise-generating source has been permanently eliminated; or

(iii)        the emissions source related to air quality has been permanently eliminated.

(2)        Removal of an (E) designation from APPENDIX C

DCP shall administratively remove an (E) designation from APPENDIX C when, in accordance with the provisions of paragraph (d)(1) of this Section, the environmental requirements for all tax lots subject to the (E) designation have been completed.

(3)        Cancellation of an environmental restrictive declaration and modification of APPENDIX C

DCP shall administratively remove an environmental restrictive declaration from APPENDIX C when, in accordance with the provisions of paragraph (d)(1) of this Section, the environmental requirements contained in such environmental restrictive declaration have been completed for all tax lots and a Notice of Cancellation of the environmental restrictive declaration has been duly recorded against the subject tax lots in the Office of the City Register or, where applicable, in the County Clerk’s Office in the county where the lots are located.

(4)        Notification

DCP shall notify DOB, MOEC and OER when modifications to APPENDIX C are made.

(e)        The provisions of this Section shall apply to all (E) designations and environmental restrictive declarations, notwithstanding the date such environmental requirements were established.

The pierhead and bulkhead lines shown on the zoning maps shall be the lines adopted by the United States Army Corps of Engineers, except where a New York City pierhead or bulkhead line is adopted, in which case the New York City line shall be the governing line for the purposes of this Resolution. In the event a provision of this Resolution refers to a pierhead or bulkhead line and no such line is shown on the zoning map, then the shoreline shall control.

Marginal streets, ways, places or wharves shown on the zoning maps shall not be deemed to be streets for the purposes of this Resolution, unless expressly stated otherwise.

In interpreting and applying the provisions of this Resolution, such provisions shall be considered as the minimum requirements:

(a)        to promote and protect public health, safety and general welfare, as set forth in the Preamble to this Resolution and in the statements of legislative intent for the respective districts and other regulations; and

(b)        to provide a gradual remedy for existing conditions which are detrimental thereto.

Whenever any provision of this Resolution and any other provisions of law, whether set forth in this Resolution or in any other law, ordinance or resolution of any kind, impose overlapping or contradictory regulations over the use of land, or over the use or bulk of buildings or other structures, or contain any restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards or requirements shall govern.  In case of any conflict between the performance standards and the rules and regulations adopted by the Department of Environmental Protection, the more restrictive shall apply.

The alteration of an existing building resulting in both the removal of more than 75 percent of the floor area and more than 25 percent of the perimeter walls of such existing building, and the replacement of any amount of floor area, shall be considered a development for the purposes of the following provisions. The provisions of this Section shall apply notwithstanding the provisions of Article V (Non-Conforming Uses and Non-Complying Buildings). However, these provisions shall not apply where the building to be replaced is a single- or two-family residence utilizing the provisions of Article V.

Section 23-611        (Street tree planting)

Section 23-612        (Planting strips in residence districts)

Section 33-04          (Street Tree Planting in Commercial Districts)

Section 37-35          (Parking Wrap and Screening Requirements)

Section 37-40          (OFF-STREET RELOCATION OR RENOVATION OF A SUBWAY STAIR)

Section 81-42           (Retail Continuity Along Designated Streets)

Section 81-46          (Off-Street Relocation or Renovation of a Subway Stair)

Section 81-72          (Use Regulations Modified)

Section 82-12          (Mandatory Off-Street Relocation of a Subway Stair)

Section 91-43          (Off-street Relocation or Renovation of a Subway Stair)

Section 93-14          (Ground Floor Level Requirements)

Section 93-65          (Transit Facilities)

Section 93-66          (Open Area Requirements in the Large-Scale Plan Subdistrict A)

Section 93-70          (PUBLIC ACCESS REQUIREMENTS FOR SPECIAL SITES)

Section 95-03          (Transit Easement)

Section 95-04          (Certification of Transit Easement Volume)

Section 95-08          (Special Use Regulations)

Section 97-12          (Arts and Entertainment Use Requirement)

Section 98-14          (Ground Floor Use and Transparency Requirements on Tenth Avenue)

Section 98-53          (Required Open Areas on the East Side of the High Line)

Section 98-54          (Transparency Requirements on the East Side of the High Line)

Section 98-60          (SPECIAL REGULATIONS FOR CERTAIN ZONING LOTS)

Section 101-11        (Special Ground Floor Use Regulations)

Section 101-43        (Off-street Relocation or Renovation of a Subway Stair)

Section 108-30        (MODIFICATION OF STREET TREE REQUIREMENTS)

Section 109-33        (Special Front Wall Regulations)

Section 117-42        (Special Bulk and Use Regulations in the Court Square Subdistrict)

Section 117-44        (Mandatory Subway Improvements)

Section 117-45        (Developer's Notice)

Section 117-55        (Mandatory sidewalk widening)

Section 118-30        (OFF-STREET RELOCATION OF A SUBWAY STAIR WITHIN THE SPECIAL UNION SQUARE DISTRICT)

Section 119-112      (Tier I tree planting requirements)

Section 119-216      (Tier II tree planting requirements)

Section 124-30        (MANDATORY IMPROVEMENTS)

Section 124-40        (PUBLICLY ACCESSIBLE OPEN SPACE REQUIREMENTS)

Section 126-21        (Street Tree Planting)

Uses existing prior to June 6, 2024, within a Use Group that on June 6, 2024, were recategorized into another Use Group shall not be considered a change of use for the purposes of applying the provisions of this Resolution.

All regulations applicable to a district designation shall be applicable to such district designation appended with a suffix, except as otherwise set forth in express provisions of this Resolution. If a section lists an R4 District, therefore, the provisions of that section shall also apply to R4-1, R4A and R4B Districts, unless separate provisions for the districts with suffixes are listed within such section. Wherever a section lists only a district with a suffix, the provisions applicable to such district are different from the provisions of that district without a suffix. If a section lists only a C4-6A District, therefore, the provisions of that section are not applicable to a C4-6 District.

For the purposes of Section 11-33, relating to Building Permits Issued before Effective Date of Amendment to this Resolution, the following terms and general provisions shall apply:

(a)        A lawfully issued building permit shall be a building permit which is based on an approved application showing complete plans and specifications, authorizes the entire construction and not merely a part thereof, and is issued prior to any applicable amendment to this Resolution. In case of dispute as to whether an application includes "complete plans and specifications" as required in this Section, the Commissioner of Buildings shall determine whether such requirement has been met.

(b)        The rights set forth in these Sections shall be retained only if all modifications, made in such plans after the effective date of any applicable amendment to this Resolution, do not create a new non-compliance or non-conformity or increase the degree of non-compliance or non-conformity with the provisions of this Resolution, as amended.

(c)        As used in Section 11-33 (Building Permits for Minor or Major Development or Other Construction Issued before Effective Date of Amendment):

(1)        "minor development" shall include:

(i)        construction of any single building which will be non-conforming or non-complying under the provisions of any applicable amendment to this Resolution; or

(ii)        construction of two or more buildings on a single zoning lot which under the provisions of any applicable amendment to this Resolution will be non-conforming; or

(iii)        construction of two or more buildings on contiguous zoning lots or zoning lots which would be contiguous except for their separation by a street or street intersection; and

(a)        have been planned as a unit evidenced by a site plan for all such zoning lots filed with, and approved by, the Department of Buildings prior to the effective date of the applicable amendment; and

(b)        will be non-conforming under the provisions of any applicable amendment to this Resolution; or

(iv)        a major enlargement, which is an enlargement requiring the installation of foundations and involving at least 50 percent of the total floor area of such enlarged building, and which enlargement will be non-conforming or non-complying under the provisions of any applicable amendment to this Resolution.  For the purposes of Section 11-33 (Building Permits for Minor or Major Development or Other Construction Issued before Effective Date of Amendment) only, a major enlargement shall also include any other enlargement adding at least 50,000 square feet to the floor area of an existing building, which enlargement will be non-conforming or non-complying under the provisions of any applicable amendment to this Resolution.

(2)        "major development" shall include:

(i)        construction of two or more buildings on a single zoning lot which will be non-complying under the provisions of any applicable amendment to this Resolution; or

(ii)        construction of two or more buildings on contiguous zoning lots or zoning lots which would be contiguous except for their separation by a street or street intersection; and

(a)        have been planned as a unit evidenced by a site plan for all such zoning lots filed with, and approved by, the Department of Buildings prior to the effective date of the applicable amendment; and

(b)        will be non-complying under the provisions of any applicable amendment to this Resolution.

(3)        "Other construction" shall include:

(i)        any enlargement other than a major enlargement; or

(ii)        any extension, conversion or structural alteration; or

(iii)        construction of any structure other than a building;

which will be non-conforming or non-complying under the provisions of any applicable amendment to this Resolution.

The provisions of this Section shall apply to minor developments, major developments or other construction authorized by building permits lawfully issued before the effective date of an applicable amendment of this Resolution except as specifically provided elsewhere in this Resolution.

Whenever under the provisions of the 1916 Zoning Resolution as amended, either the Board of Standards and Appeals or the City Planning Commission with the approval of the Board of Estimate or the City Council, has authorized any use to locate in a district in which it is not permitted as-of-right by issuing a variance, exception or permit, such existing use established pursuant to such grant may be continued, changed, extended, enlarged or structurally altered only as provided in this Section or in Article VII, Chapter 3 or 4, provided that the lot area of the zoning lot occupied by such use is not increased.

(a)        Except as otherwise provided in paragraphs (b), (c) or (d) of this Section, any authorization or special permit granted by the City Planning Commission under the provisions of the 1961 Zoning Resolution shall automatically lapse if substantial construction, in accordance with the plans for which such special permit or authorization was granted, has not been completed within four years from the effective date of such permit or authorization. Substantial construction shall mean, in the case of a new building or buildings, the substantial construction of at least one building.

(b)        Any authorization or special permit for a site that is part of an urban renewal area or other government-sponsored or government-assisted project shall automatically lapse within four years from the date of the applicant's possession of the site, or sites, or the effective date of an authorization or special permit, whichever is later; or

(c)        Upon a showing that a longer time period for substantial construction is required for a phased construction program of a multi-building complex, the Commission may, at the time of granting an authorization or special permit, extend the period set forth in paragraph (a) of this Section to a period not to exceed 10 years; or

(d)        In the event judicial proceedings have been instituted to review the decision to grant any authorization or special permit, the lapse period set forth in paragraph (a), (b) or (c) of this Section, whichever is applicable, shall commence upon the date of entry of the final order in such proceedings, including appeals.

Any authorization or special permit granted by the City Planning Commission, except one granted with a 10 year lapse period, that would automatically lapse as set forth in Section 11-42 (Lapse of Authorization or Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution) may be renewed without public hearing, for two additional three-year terms, provided that the Commission finds that the facts upon which the authorization or special permit was granted have not substantially changed. However, all special permits or authorizations granted by the Commission shall lapse after a total of 10 years from the date of their original granting if substantial construction has not taken place at such time. An application for a renewal of authorization or special permit shall be filed with the Commission before it lapses.

Within the area bounded by West 22nd Street, a line 100 feet west of Fifth Avenue, a line midway between West 16th Street and West 17th Street, and a line 100 feet east of Sixth Avenue, any special permit granted by the City Planning Commission may be started or continued, in accordance with the terms thereof, or as such terms may be subsequently modified, pursuant to the bulk regulations in effect at the time such special permit was granted, subject to the provisions of Sections 11-42 (Lapse of Authorization or Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution) and 11-43 (Renewal of Authorization or Special Permit).

The provisions of this Section shall apply within lower density growth management areas.

1. Notwithstanding the provisions of N 040414 ZRY, pertaining to lower density growth management areas, and subject to the provisions of Section 11-30 (BUILDING PERMITS ISSUED BEFORE EFFECTIVE DATE OF AMENDMENT) with respect to amendments of this Resolution other than N040414ZRY, Section 11-42 (Lapse of Authorization or Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution) and Section 11-43 (Renewal of Authorization or Special Permit), the following provisions shall apply with respect to special permits and authorizations granted by the City Planning Commission or for which certification or referral for public review has been made prior to August 12, 2004:
   1. Any development or enlargement, including minor modifications thereto, granted a special permit or authorization by the Commission and, where applicable, the City Council, prior to August 12, 2004, may be developed or enlarged pursuant to the terms of such permit or authorization and, to the extent not modified under the terms of such permit or authorization, in accordance with the regulations in effect at the time such permit or authorization was granted.
   2. Any application for a special permit certified by the Department of City Planning or application for an authorization referred by the Department of City Planning for public review prior to May 24, 2004, may be continued pursuant to the regulations in effect at the time of certification or referral and, if granted by the Commission and, where applicable, the City Council, may be developed or enlarged pursuant to the terms of such permit or authorization, including minor modifications thereto and, to the extent not modified under the terms of such permit or authorization, in accordance with the regulations in effect at the time such application was certified or referred for public review.
2. Notwithstanding the provisions of N 040414 ZRY, the following provisions shall apply to certain developments within the Special South Richmond Development District:
   1. Developments, including minor modifications thereto, within the Special South Richmond Development District that contain designated open space and a portion of the waterfront esplanade, where such development is conditioned upon a restrictive declaration that includes a site plan for such development, including provisions for public access to such designated open space and waterfront esplanade, may be developed in accordance with the regulations in effect prior to August 12, 2004.
   2. Developments within the Special South Richmond Development District accessed, in part, by private roads and consisting, in part, of construction within streets that are unimproved, and for which a conservation easement has been granted to the City, and for which the Board of Standards and Appeals has granted a permit pursuant to Section 35 of the General City Law, or its successor, and an application for an authorization for such development has been filed pursuant to paragraph (a) of Section 26-27 (Waiver of Bulk Regulations Within Unimproved Streets) prior to May 1, 2004, may be developed in accordance with the regulations in effect prior to August 12, 2004.

If, before June 6, 2024, an application for a special permit use has been certified by the City Planning Commission or has been filed with the Board of Standards and Appeals, such application may continue pursuant to the regulations in effect at the time such special permit was certified by the Commission or filed with the Board. Such special permits, if granted by the Commission or Board, may be started or continued, in accordance with the terms thereof, or as such terms may be subsequently modified, pursuant to the regulations in effect at the time such special permits were certified by the Commission or filed with the Board.

If, on or before December 5, 2024, an application for a certification has been filed with the Department of City Planning, an application for an authorization or special permit has been certified or referred by the City Planning Commission or an application for a project has been filed with the Board of Standards and Appeals, such application may continue pursuant to the rules in effect at the time such certification was filed with the Department, such authorization or special permit was certified or referred by the Commission or such project was filed with the Board. Such applications, if granted by the Chairperson, Commission or Board, as applicable, may be started or continued, in accordance with the terms thereof, or as such terms may be subsequently modified, pursuant to the regulations in effect at the time such certification was filed with the Department, such authorizations or special permits were certified or referred by the Commission or such project was filed with the Board.

Any certification granted by the Chairperson, authorization or special permit granted by the Commission, or application granted by the Board prior to December 5, 2024 may be started or continued, in accordance with the terms thereof, or as such terms may be subsequently modified, pursuant to the regulations in effect at the time such authorization or special permit was granted.

The owner, general agent, lessee or tenant of any building or other structure or tract of land in which a violation of this Resolution has been committed or shall exist; or the general agent, architect, builder or contractor; or any other person who commits, takes part or assists in any such violation or who maintains any building or other structure or tract of land in which any such violation shall exist, shall be guilty of a misdemeanor.

Any such person, having been served with an order to remove any such violation, who shall fail to comply with such order within 10 days after such service or who shall continue to violate any provision of this Resolution in the respect named in such order shall be guilty of a misdemeanor.

In addition to the foregoing remedies, the City may maintain an action for an injunction to restrain any violation of this Resolution.

Failure to comply with any conditions or restrictions in special permits, variances, authorizations or certifications granted under this Resolution shall constitute a violation of this Resolution and may constitute the basis for denial or revocation of a building permit or certificate of occupancy, or for revocation of such special permit, variance, authorization or certification, and for all other applicable remedies.

In any application for modification, renewal or extension of a previously granted special permit, authorization or certification, or for modification or renewal of a previously granted variance, the applicant shall verify whether it has complied with each of the conditions and safeguards theretofore prescribed by the City Planning Commission, the Board of Estimate or the Board of Standards and Appeals, or their successors, as applicable.  In the event that the applicant has not complied with such conditions and safeguards, such non-compliance may constitute grounds for the City Planning Commission, the Board of Estimate or the Board of Standards and Appeals, or their successors, as applicable, to disapprove the application for modification, renewal or extension.

The following rules of construction apply to the text of this Resolution:

(a)        The particular shall control the general.

(b)        In case of any difference of meaning or implication between the text of this Resolution and any caption, illustration, summary table or illustrative table, the text shall control.

(c)        The word "shall" is always mandatory and not discretionary. The word "may" is permissive.

(d)        Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

(e)        A "building" or "structure" includes any part thereof. The terms residential building, commercial building and community facility building shall refer to an entire building used exclusively for such use.

(f)        The phrase "used for" includes "arranged for", "designed for", "intended for", "maintained for", "or occupied for".

(g)        The word "person" includes an individual, a corporation, a partnership, an incorporated association or any other similar entity.

(h)        Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and", "or" or "either...or", the conjunction shall be interpreted as follows:

(1)        "and" indicates that all the connected items, conditions, provisions or events shall apply;

(2)        "or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination; and

(3)        "either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

(i)        The word "includes" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(j)        References within a Section or cross-references to a Section numbered with four digits shall include all following Sections with numbers whose first four digits are identical with such Section number but references or cross-references to a Section numbered with five digits shall refer only to such specific five-digit Section. For Sections starting with 101-00, references within a Section or cross-references to a Section numbered with five digits shall include all following Sections with numbers whose first five digits are identical with such Section number but references or cross-references to a Section numbered with six digits shall refer only to such specific six-digit Section.

District designations, where applicable, are listed within a ruled bar below the number and title of each section.

When one or more district designations are listed in a section, the specific text of the paragraphs that follow applies to such district or districts.

When a section includes a table and one or more district designations are listed opposite a specific item or number in such table, the item or number applies specifically to that district or districts only.

When no district designations are listed for a specific section, the provisions of such section shall be construed to apply to all districts under consideration in the Article in which the section appears or, if specified, only to those districts referred to directly within the section itself. For this purpose, Article II applies to all Residence Districts, Article III applies to all Commercial Districts, and Article IV applies to all Manufacturing Districts. All other articles apply to all districts, unless otherwise provided.

Except as modified by the express provisions of this Chapter, the regulations of the underlying zoning districts or special purpose districts shall remain in effect.

Access zone

For the purposes of this Chapter, an “access zone” shall refer to the portion of an accessory off-street parking facility, public parking garage or an automobile rental establishment, occupied by:

1. vehicular ramps between parking levels, or between a parking level and a vehicular entrance or exit, provided that such ramps are not used as parking spaces or associated maneuvering space;
2. vehicular elevators; 
3. required reservoir spaces; 
4. pedestrian circulation areas or egress routes, including any associated ramps or elevators;
5. bicycle parking spaces; or
6. attendant booths or designated waiting areas.

Parking zone

For the purposes of this Chapter, a “parking zone” shall refer to the portion of an accessory off-street parking facility, public parking garage or an automobile rental establishment, occupied by permitted off-street parking spaces and associated maneuvering space, and any other portion of such parking facility not included in the access zone. In attended parking facilities with parking lift systems, the parking zone shall also include the lifted tray a vehicle is stored upon.

Maps are located in Section 13-141 of this Chapter for the purpose of specifying areas where special regulations and requirements set forth in this Chapter apply.

Map 1 – Area where public parking lots are not permitted in the midtown Manhattan Core

Map 2 – Area where public parking lots are not permitted in the downtown Manhattan Core

The provisions of this Chapter shall not apply to Roosevelt Island, in Community District 8, or to Governors Island, in Community District 1, in the Borough of Manhattan. In the Hudson Yards parking regulations applicability area, as defined in Section 93-81, the provisions of this Chapter shall apply as specified in Section 93-80 (OFF-STREET PARKING REGULATIONS).

Additional modifications to the provisions of this Chapter are found in the following Special Purpose Districts:

(a)        the Special Midtown District, as set forth in Section 81-30 (OFF-STREET PARKING AND OFF-STREET LOADING REGULATIONS), inclusive, Section 81-44 (Curb Cut Restrictions) and paragraph (c) of Section 81-84 (Mandatory Regulations and Prohibitions);

(b)        the Special Lincoln Square District, as set forth in Section 82-50 (OFF-STREET PARKING AND OFF-STREET LOADING REGULATIONS);

(c)        the Special Battery Park City District, as set forth in Section 84-14 (Parking Regulations and Curb Cuts), inclusive;

(d)        the Special United Nations Development District, as set forth in Section 85-03 (Modifications of Use Regulations);

(e)        the Special Lower Manhattan District, as set forth in Section 91-50 (OFF-STREET PARKING, LOADING AND CURB CUT REGULATIONS), inclusive;

(f)        the Special Park Improvement District, as set forth in Section 92-05 (Maximum Number of Accessory Off-street Parking Spaces);

(g)        the Special Transit Land Use District, as set forth in Section 95-09 (Special Regulations for Accessory Off-street Parking and Curb Cuts);

(h)        the Special Clinton District, as set forth in Section 96-111 (Off-street parking regulations);

(i)        the Special Madison Avenue Preservation District, as set forth in Section 99-06 (Off-street Parking Regulations);

(j)        the Special Little Italy District, as set forth in Sections 109-16 (Parking Regulations), 109-351 (Parking regulations), 109-352 (Curb cut regulations) and 109-521 (Modification of accessory off-street parking facilities); and

(k)        the Special Hudson River Park District, as set forth in Section 89-21 (Transfer of Floor Area From Hudson River Park).

If, before May 8, 2013, an application for an authorization or special permit relating to parking regulations in the Manhattan Core has been certified or referred by the City Planning Commission or has been filed with the Board of Standards and Appeals, such application may continue pursuant to the regulations in effect at the time such authorization or special permit was certified or referred by the Commission or filed with the Board. Such authorizations or special permits, if granted by the Commission or Board, may be started or continued, in accordance with the terms thereof, or as such terms may be subsequently modified, pursuant to the regulations in effect at the time such authorization or special permits were certified or referred by the Commission or filed with the Board.

Any authorization or special permit relating to parking regulations in the Manhattan Core granted by the Commission or Board prior to May 8, 2013, may be started or continued, in accordance with the terms thereof, or as such terms may be subsequently modified, pursuant to the regulations in effect at the time such authorization or special permit was granted. However, any special permit granted for a parking facility in the Manhattan Core by the Commission or Board prior to December 15, 1961, may be continued without the need for renewal pursuant to Section 11-411 (Renewals) provided that the facts upon which the special permit was granted have not substantially changed.

All such authorizations or special permits requiring renewal shall be subject to the provisions of Sections 11-42 (Lapse of Authorization or Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution) and 11-43 (Renewal of Authorization or Special Permit). 

Notwithstanding the foregoing, any subsequent modifications to such authorizations or special permits that involve an increase in the number of off-street parking spaces provided, shall be only as permitted by the applicable special permit provisions of Section 13-45 (Special Permits for Additional Parking Spaces). 

The provisions of this Section shall apply to existing required or permitted accessory off-street parking spaces, public parking lots and public parking garages, established prior to May 8, 2013, in the Manhattan Core, as applicable, and to existing buildings developed without the provision of parking.

Existing required or permitted accessory off-street parking spaces, public parking lots and public parking garages, established prior to May 8, 2013, shall continue to be subject to the applicable zoning district regulations in effect prior to May 8, 2013, except that:

1. any reduction or elimination of existing accessory off-street parking spaces that were required under the applicable provisions in effect prior to April 29, 1982, or for public or publicly assisted housing under the applicable provisions in effect prior to May 8, 2013, shall only be allowed by authorization of the City Planning Commission pursuant to Section 13-443 (Reduction in the number of required existing parking spaces);
2. any increase in the number of parking spaces in an existing parking facility or the creation of a new parking facility associated with an existing building developed without parking shall only be allowed by the Commission as follows: 
   1. the Commission may authorize a limited increase pursuant to the provisions of Section 13-442 (Limited increase in parking spaces for existing buildings); and 
   2. the Commission may permit an increase in the number of off-street parking spaces beyond the thresholds of Section 13-442 only pursuant to the applicable provisions of Section 13-45 (Special Permits for Additional Parking Spaces); 
3. conversions shall be permitted to retain all spaces in existing parking facilities. Additional accessory off-street parking spaces shall only be permitted by special permit by the Commission, pursuant to the applicable special permit provisions of Section 13-45; and 
4. an accessory off-street parking facility in possession of a license issued by the Department of Consumer and Worker Protection, pursuant to Section 20-321 of the New York City Administrative Code, to maintain, operate or conduct a garage or parking lot (as defined therein) prior to January 1, 2012, may make accessory parking spaces available for public use in accordance with the provisions of Section 13-21 (Public Use and Off-site Parking), provided that a copy of such license is filed with the Department of Buildings. However, any increase in the number of spaces in such a facility shall only be permitted by special permit by the Commission, pursuant to the applicable provisions of Section 13-45.

Accessory off-street parking spaces are permitted for residences in developments or enlargements, as follows:

(a)        for Community Districts 1, 2, 3, 4, 5, and 6, accessory off-street parking spaces may be provided for not more than 20 percent of the total number of new dwelling units contained in the development or enlargement, or 200 spaces, whichever is less;

(b)        for Community Districts 7 and 8, accessory off-street parking spaces may be provided for not more than 35 percent of the total number of new dwelling units contained in the development or enlargement, or 200 spaces, whichever is less.

Accessory off-street parking spaces are permitted for non-residential uses in developments or enlargements, as follows:

1. Transient hotels
   
   For transient hotel developments or enlargements, a maximum of 225 accessory off-street parking spaces shall be permitted. In no event may the number of parking spaces exceed 15 percent of the number of new transient hotel rooms;
2. Hospitals
   
   For developments or enlargements of non-profit, voluntary or proprietary hospitals and related facilities listed under Use Group III(B), a maximum of 100 accessory off-street parking spaces are permitted;
3. Retail or service uses
   
   For developments or enlargements comprising commercial uses listed under Use Group VI, the maximum number of accessory off-street parking spaces permitted shall not exceed one space per 4,000 square feet of floor area, or 10 spaces, whichever is less;
4. Other commercial, community facility and manufacturing uses
   
   For developments or enlargements comprising community facility uses other than hospitals, commercial uses other than those listed in paragraphs (a) and (c) of this Section, or manufacturing uses, the maximum number of accessory off-street parking spaces permitted shall not exceed one space per 4,000 square feet of such community facility, commercial or manufacturing floor area or 100 spaces, whichever is less.

Where a development or enlargement contains a combination of uses for which parking regulations are set forth in Sections 13-11 (Permitted Parking for Residences) and 13-12 (Permitted Parking for Non-Residential Uses), the number of accessory off-street parking spaces for all such uses shall not exceed the number of spaces permitted for each use in accordance with the provisions of such Sections. However, in no event shall the maximum number exceed 225 accessory off-street parking spaces.

Public parking lots, with a maximum capacity of 150 spaces, are permitted in C1, C2, C4, C5, C6, C7, C8, M1-5, M1-6, M2 and M3 Districts, except that:

1. no public parking lots shall be permitted within:
   1. the area shown on Map 1 (Area where public parking lots are not permitted in the midtown Manhattan Core) in Section 13-141;
   2. the area designated on Map 2 (Area where public parking lots are not permitted in the downtown Manhattan Core) in Section 13-141; and
   3. the Preservation Area of the Special Clinton District, as shown on the map in Appendix A of Article IX, Chapter 6; and
2. for M1-5 or M1-6 Districts, public parking lots shall only be permitted in the following locations:
   1. north of 42nd Street and west of 10th Avenue;
   2. west of Ninth Avenue between 17th Street and 30th Street; and
   3. south of Canal Street.

In such districts, the City Planning Commission may permit a public parking lot in a location not allowed by this Section pursuant to the applicable special permit in Section 13-45 (Special Permits for Additional Parking Spaces). Any such proposed public parking lots located in the Preservation Area of the Special Clinton District shall also be subject to the additional findings set forth in Section 96-111 (Off-street parking regulations).

Automotive equipment rental and leasing establishments, listed under Use Group VI, are permitted, provided that:

(a)        in C1 or C2 Districts, the number of automobiles that may be stored in such establishments shall not exceed 150 spaces;

(b)        in C4, C5, C6, C7 and C8 Districts, the number of automobiles that may be stored in such establishments shall not exceed 225 spaces; and

(c)        in M1, M2 and M3 Districts, the number of automobiles that may be stored in such establishments shall not exceed 300 spaces.

All accessory off-street parking spaces may be made available for public use. However, any such space shall be made available to the occupant of a residence to which it is accessory within 30 days after written request therefor is made to the landlord.

No accessory off-street parking spaces shall be located on a zoning lot other than the same zoning lot as the use to which they are accessory.

1. Accessory off-street parking facilities and automobile rental establishments
   
   All accessory off-street parking spaces shall be located within a completely enclosed building, with the exception of parking spaces accessory to a hospital listed under Use Group III(B), and as provided in Section 13-45 (Special Permits for Additional Parking Spaces). In addition, off-street parking spaces associated with an automobile rental establishment shall be located within a completely enclosed building. 
   
   The applicable streetscape provisions of Section 32-30, inclusive, shall apply to ground floor level portions of such facilities.
2. Public parking lots and certain permitted accessory parking lots
   
   Public parking lots and open parking spaces accessory to a hospital shall provide screening in accordance with the provisions of 37-921 (Perimeter landscaping).

For the purpose of determining required reservoir spaces, fractions equal to or greater than one-half resulting from the calculations in this Section shall be considered to be one reservoir space. In no event shall the dimensions of any reservoir space be less than 18 feet long and 8 feet, 6 inches wide.

1. Attended parking facilities
   
   For attended accessory off-street parking facilities or public parking lots with more than 25 off-street parking spaces, off-street reservoir space at the vehicular entrance shall be provided to accommodate:
   1. five percent of the total number of parking spaces provided in parking facilities with more than 25 parking spaces and up to 50 parking spaces;
   2. ten percent of the total number of parking spaces provided in parking facilities with more than 50 parking spaces and up to 100 parking spaces;
   3. ten parking spaces in parking facilities with more than 100 off-street parking spaces and up to 200 parking spaces; and
   4. five percent of the total number of parking spaces provided in parking facilities with more than 200 off-street parking spaces. However such number of reservoir spaces need not exceed 50.
2. Automated parking facilities
   
   For automated parking facilities, off-street reservoir space at the vehicle entrance shall be provided at the rate set forth in paragraph (a) of this Section.
   
   Each individual parking location where a driver is permitted to leave a vehicle for transfer to a mechanized automobile storage and retrieval unit shall constitute one reservoir space. However, the parking area designated for mechanical conveyance of the vehicle into storage, whether in an elevator or otherwise, shall not be considered a reservoir space. Additional reservoir spaces may be located where drivers queue to access such locations for vehicle transfer.
   
   In addition, the number of reservoir spaces required pursuant to this Section may be reduced where the Commissioner of Buildings determines that the operational characteristics of such automated parking facility warrant such a reduction.
3. Automobile rental establishments
   
   For automobile rental establishments, off-street reservoir space at the vehicle entrance shall be provided at the rate set forth in paragraph (a) of this Section.
4. Self-parking facilities
   
   For self-parking accessory off-street parking facilities and public parking lots where entering vehicles are required to stop before a mechanically operated barrier before entering such parking facility, such barrier shall be placed a minimum of 20 feet beyond the street line.

For all accessory off-street parking facilities, the following safety features shall be provided at all vehicular exit points:

1. a stop sign which shall be clearly visible to drivers. Such signage shall comply with the standards set forth in the Manual of Uniform Traffic Control Devices (MUTCD) issued by the Federal Highway Administration (FHWA) for a conventional single lane road; and
2. a speed bump, which shall be located within the exit lane of the parking facility. Such speed bump shall:
   1. span the width of the vehicular travel lane;
   2. have a minimum height of two inches, as measured from the adjoining grade of the exit lane, and a maximum depth of 12 inches; and
   3. be located a minimum of four feet and a maximum of eight feet beyond the street line, as measured perpendicular to the street line.

For all accessory off-street parking facilities and automobile rental establishments, the minimum and maximum size requirements for the parking zone for such parking facilities shall be set forth in this Section. The access zone of such parking facilities shall not have a minimum or maximum gross surface area. 

For the purpose of calculating surface area in attended parking facilities with parking lift systems, the lifted tray upon which a vehicle is stored shall constitute surface area.

1. Attended parking facilities
   1. For attended parking facilities without parking lift systems, the minimum gross surface area, in square feet, of the parking zone shall be 180 times the number of off-street parking spaces provided, and the maximum gross surface area, in square feet, of the parking zone shall not exceed 200 times the number of off-street parking spaces provided. 
   2. For attended parking facilities with parking lift systems, the minimum and maximum surface area of the portion of the parking zone allocated to non-elevated parking spaces shall be calculated at the rate set forth in paragraph (a)(1) of this Section; and the surface area, in square feet, of the portion of the parking zone allocated to elevated parking spaces shall be 153 times the number of elevated spaces able to be provided on lifted trays.
2. Automated parking facilities
   
   No minimum or maximum surface area requirement shall be required in off-street parking facilities that the Commissioner of Buildings determines to be automated parking facilities.
3. Automobile rental establishments
   
   The maximum gross surface area, in square feet, of the parking zone of an automobile rental establishment, shall be established at the rate set forth in paragraph (a) of this Section.
4. Self-park facilities
   
   The gross surface area, in square feet, of the parking zone of a self-parking accessory off-street parking facility shall be a minimum of 300 times the number of off-street parking spaces provided, and a maximum of 350 times the number of off-street parking spaces provided. However, an area of less than 300 square feet, but in no event less than 200 square feet, may be considered as one space, where the layout and design of the parking area are adequate to permit convenient access and maneuvering in accordance with regulations promulgated by the Commissioner of Buildings.

Such minimum and maximum parking zone requirements of this Section may be modified by the Chairperson of the City Planning Commission pursuant to the certification set forth in Section 13-431 (Modification of minimum facility size).

In addition to the floor area exemption for accessory off-street loading berths set forth in Section 12-10 (DEFINITIONS), for buildings with a total floor area in excess of 100,000 square feet, up to 300 square feet of floor space may be exempted from the definition of floor area where such buildings allocate a permanent space for dumpster storage, and such storage space has a minimum dimension of 12 feet by 25 feet. Such dumpster storage space shall be adjacent to a building’s loading berth.

In addition to the provisions of Sections 25-75, 36-662 and 44-562 (Location of access to the street), no entrance or exit to an accessory off-street loading berth shall be located on a street with a roadbed width that is less than 20 feet, as measured curb to curb.

The provisions of Sections 25-75 (Location of Access to the Street), 36-63 and 44-53 (Waiver of Requirements for All Zoning Lots Where Access Would Be Forbidden) shall be modified to allow the Commissioner of Buildings to reduce or waive the applicable loading berth requirements, provided that:

(a)        the zoning lot only has frontage upon a street, or portion thereof, where curb cuts or entrances and exits to accessory off-street loading berths are not permitted;

(b)        the zoning lot has frontage along a street where curb cuts accessing a loading berth are otherwise permitted, but there is no access to such zoning lot from the street due to the presence of:

(1)        a building, existing on May 8, 2013, containing residences;

(2)        a non-residential building, existing on May 8, 2013, that is three or more stories in height; or

(3)        a building designated as a landmark or considered a contributing building in an Historic District designated by the Landmarks Preservation Commission; or

(c)        there are subsurface conditions, ventilation requirements from below-grade infrastructure or other site planning constraints that would make accommodating such loading berths infeasible.

In the case of paragraph (c), as set forth in this Section, the Commissioner shall require a loading berth of not less than 33 feet in depth, if such a berth can be accommodated in consideration of the relevant site restraints. The Commissioner of Buildings may request reports from licensed engineers or registered architects in considering such reduction or waiver.

For all permitted or required accessory loading berths, the minimum length requirements for uses in LRC-A, set forth in Sections 36-661 (Size of required berths) and 44-561 (Size of required berths), shall be 37 feet. 

The City Planning Commission may grant certifications, authorizations and special permits in accordance with Section 13-40, inclusive. All such special permits and authorizations, in addition to meeting the requirements, conditions and safeguards prescribed by the Commission as specified in this Section, shall conform to and comply with all of the applicable regulations, except as otherwise specified herein.

An application to the City Planning Commission for the grant of a certification, authorization or special permit under the provisions of Section 13-40 shall include a site plan showing the location of all existing and proposed buildings or other structures on the zoning lot, the location of all vehicular entrances and exits and off-street parking spaces, and such other information as may be required by the Commission.

In accordance with the special permit provisions of Sections 13-451 through 13-455, the City Planning Commission may permit the off-street parking facilities listed in paragraph (a) of this Section, provided that such parking facilities comply with the findings of paragraphs (b) and (c) of this Section.

1. Eligible parking facilities
   
   The City Planning Commission may permit, subject to the otherwise applicable zoning district regulations:
   1. accessory off-street parking facilities on-site or off-site, open or enclosed, with any capacity, where such facilities:
      1. are proposed developments or enlargements with a capacity not otherwise allowed under the applicable regulations of Section 13-10 (PERMITTED OFF-STREET PARKING IN THE MANHATTAN CORE); or
      2. are located in an existing parking facility or are creating a new parking facility associated with an existing building developed without parking beyond the capacity authorized pursuant to Section 13-442 (Limited increase in parking spaces for existing buildings);
   2. public parking lots, where such facilities: 
      1. are proposed developments or enlargements with any capacity not otherwise allowed under the applicable regulations of Section 13-10;
      2. are located in an existing parking facility or are creating a new parking facility associated with an existing building developed without parking beyond the capacity authorized pursuant to Section 13-442; or
      3. are proposed developments or enlargements in locations not permitted by Section 13-14 (Permitted Parking in Public Parking Lots);
   3. public parking garages, where such facilities:
      1. are proposed developments or enlargements in the zoning districts permitted, pursuant to paragraph (d) of Section 13-041 (Applicability of parking regulations within the Manhattan Core); or
      2. are located in an existing parking facility or are creating a new parking facility associated with an existing building developed without parking beyond the capacity authorized pursuant to Section 13-442.
         

         The Commission may also permit floor space in such public parking garages used for off-street parking spaces in any story located not more than 23 feet above curb level to be exempt from the definition of floor area, as set forth in Section 12-10.

2. Findings
   
   The Commission shall find that:
   1. the location of the vehicular entrances and exits to such parking facility will not unduly interrupt the flow of pedestrian traffic associated with uses or public facilities, including access points to mass transit facilities in close proximity thereto, or result in any undue conflict between pedestrian and vehicular movements, due to the entering and leaving movement of vehicles;
   2. 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; 
   3. such use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow;
   4. for public parking garages, that where any floor space is exempted from the definition of floor area, such additional floor space is needed in order to prevent excessive on-street parking demand and relieve traffic congestion; and
   5. such parking facility will not be inconsistent with the character of the existing streetscape. 
3. Additional findings
   
   The Commission shall also find that each proposed off-street parking facility complies with the additional findings set forth in one of the following Sections, as applicable:
   1. Section 13-451 (Additional parking spaces for residential growth) shall apply to any such parking facility serving the parking needs of a predominantly residential development or enlargement on a tract of land that has or will have an area of less than 1.5 acres;
   2. Section 13-452 (Additional parking spaces for health care, arts or public assembly uses) shall apply to any such parking facility serving the parking needs of any use listed in paragraph (a) of Section 13-452 on a tract of land that has or will have an area of less than 1.5 acres;
   3. Section 13-453 (Additional parking spaces for economic development uses) shall apply to any such parking facility serving the parking needs of a non-residential use not otherwise listed in paragraph (a) of Section 13-452 on a tract of land that has or will have an area of less than 1.5 acres;
   4. Section 13-454 (Additional parking spaces for large development sites) shall apply to any such parking facility serving the parking needs of a large-scale development or any other development or enlargement on a tract of land that has or will have an area of at least 1.5 acres; or
   5. Section 13-455 (Additional parking spaces for existing accessory off-street parking facilities) shall apply to any such accessory parking facility existing prior to May 8, 2013.
      

                   In determining the amount of additional parking spaces to grant pursuant to such additional findings, the Commission may take into account levels of vacancy in existing off-street parking facilities within the area of the proposed parking facility.

Conversions in buildings or portions thereof, existing on December 31, 1990, shall be subject to the provisions of this Chapter. For the purposes of this Chapter, conversion shall mean the change of non-residential floor area to residences of any type, joint living-work quarters for artists or community facilities with sleeping accommodations. However, non-profit institutions with sleeping accommodations shall be limited to those with Class A occupancy as defined in the New York State Multiple Dwelling Law.

Conversions shall also include the conversion of existing floor space used for mechanical equipment and not counted as floor area to residences or joint living-work quarters for artists or community facilities with sleeping accommodations.

The provisions of this Chapter shall apply in any Special Mixed Use District to buildings or portions thereof, existing on to December 10, 1997.

All conversions to residences or community facilities with sleeping accommodations shall be permitted only in districts where residential use is allowed by the district regulations, or in those Manufacturing Districts where residential use is allowed pursuant to this Chapter or by authorization or special permit. All conversions to joint living-work quarters for artists shall be permitted only in districts where such use is allowed by the district regulations.

However, conversions that meet all the requirements for residential developments or community facilities with sleeping accommodations developments pursuant to Article II (Residence District Regulations) and are located in R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R12, C1, C2, C3, C4, C5 or C6 Districts are exempt from the provisions of this Chapter. Except as modified by the express provisions of this Chapter, the regulations of the applicable zoning districts remain in effect.

Developments or enlargements shall be in accordance with the applicable requirements of Article II and Article III, except as provided by authorization pursuant to Section 15-21 (Enlargements of Converted Buildings).

Except as specifically set forth in Section 15-024 (Special bulk regulations for certain pre-existing dwelling units and joint living-work quarters for artists), the provisions of this Chapter are not applicable in M1-5B Districts.

The conversion of floor area within transient hotels to residences or community facility uses with sleeping accommodations pursuant to the provisions of this Chapter shall be limited to those buildings eligible for conversion pursuant to the rules of this Chapter in effect prior to December 5, 2024.

The conversion of non-residential floor area to residences or community facilities with sleeping accommodations, including the conversion of floor area on a zoning lot that exceeds the maximum floor area permitted by the applicable district regulations, shall be permitted in accordance with the provisions of this Section.

For the conversion of non-residential floor area to residences or community facilities with sleeping accommodations, the applicable density requirements shall be modified in accordance with the provisions of Section 15-111 (Number of permitted dwelling units), and the regulations governing open space ratio, yards, the minimum distance between two or more buildings on a single zoning lot and the minimum distance between windows and walls or lot lines are hereby superseded and replaced by the requirements of Sections 15-112 (Light and air provisions) and 15-12 (Required Recreation Space).

All conversions in buildings that are multiple dwelling residences which result in nine or more new dwelling units after December 5, 2024, shall provide recreation space in accordance with the provisions of Section 23-63 (Required Recreation Space in Multiple Dwelling Residences). However, such provisions shall be modified as follows:

1. where recreation space is provided outdoors, the minimum amount of recreation space required pursuant to Section 23-63 may be reduced to an equivalent of two percent of the residential floor area of the building; and
2. the provisions of paragraph (d) of such Section need not apply.

In C6 Districts, and in C5 Districts in the Borough of Manhattan in the area south of Murray Street, its easterly prolongation, and the Brooklyn Bridge, the home occupation provisions of Section 12-10 shall apply, except that a home occupations may occupy more than 1,000 square feet of floor area and up to three persons not residing in the dwelling unit or rooming unit may be employed.

Except as modified by the express provisions of this Chapter, the regulations of the underlying zoning districts shall remain in effect.

Long Island City area

For the purposes of this Chapter, “Long Island City area” shall refer to the area within the boundaries shown on the map in Section 16-03.

The Long Island City area is shown on the following map for the purpose of specifying areas where special regulations and requirements set forth in this Chapter apply.

Long Island City Area

Areas A, B and C are established within the Long Island City area, the boundaries of which are shown on the map in Section 16-03.

Any authorization or special permit relating to parking regulations in the Long Island City area granted by the City Planning Commission or Board of Standards and Appeals prior to October 25, 1995, may be started or continued, in accordance with the terms thereof, or as such terms may subsequently be modified, pursuant to the regulations in effect at the time such authorization or special permit was granted. However, any special permit granted for a parking facility in the Long Island City area by the Commission or Board prior to December 15, 1961, may be continued without the need for renewal pursuant to Section 11-411 (Renewals), provided that the facts upon which the special permit was granted have not substantially changed.

All such authorizations or special permits requiring renewal shall be subject to the provisions of Sections 11-42 (Lapse of Authorization of Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution) and 11-43 (Renewal of Authorization or Special Permit). However, the provisions of this Chapter shall apply to the renewal of any special permit or authorization for a public parking lot.

Any subsequent modifications to such authorizations or special permits that involve an increase in the number of off-street parking spaces provided shall only be permitted by the applicable special permit provisions of Section 16-35. 

The provisions of this Section shall apply to existing required or permitted accessory off-street parking spaces, public parking lots and public parking garages, established prior to October 25, 1995, in the Long Island City area, as applicable, and to existing buildings developed without the provision of parking.

Existing required or permitted accessory off-street parking spaces, public parking lots and public parking garages established prior to October 25, 1995, shall be subject to the applicable zoning district regulations in effect prior to October 25, 1995, except that:

1. any reduction or elimination of existing accessory off-street parking spaces that were required under the applicable provisions in effect prior to October 25, 1995, shall only be allowed by authorization of the City Planning Commission pursuant to Section 16-342 (Reduction in the number of required existing parking spaces); and
2. any increase in the number of parking spaces in an existing parking facility or the creation of a new parking facility associated with an existing building developed without parking shall only be allowed by the Commission as follows:
   1. the Commission may authorize a limited increase pursuant to the provisions of Section 16-341 (Limited increase in parking spaces for existing buildings); and
   2. the Commission may permit an increase in the number of off-street parking spaces beyond the thresholds of Section 16-341 only pursuant to the applicable provisions of Section 13-45 (Special Permits for Additional Parking Spaces).

Accessory off-street parking spaces are permitted for residences in developments or enlargements, as follows:

1. within Area A, as shown on the map in Section 16-03, accessory off-street parking spaces may be provided for not more than 50 percent of the total number of new dwelling units contained in the development or enlargement, or 200 spaces, whichever is less; and
2. within Areas B and C, as shown on the map, accessory off-street parking spaces may be provided for not more than 100 percent of the total number of new dwelling units contained in the development or enlargement.

Accessory off-street parking spaces are permitted for non-residential uses in developments or enlargements, as follows:

1. Transient hotels
   
   For transient hotel developments or enlargements, a maximum of 150 accessory off-street parking spaces are permitted if there is only one entrance to the accessory group parking facility and a maximum of 225 accessory off-street parking spaces are permitted if there are two or more entrances. In no event may the number of parking spaces exceed 50 percent of the number of new transient hotel rooms.
2. Hospitals
   
   For developments or enlargements of non-profit, voluntary or proprietary hospitals and related facilities listed under Use Group III(B), in Area A, as shown on the map in Section 16-03, a maximum of 150 accessory off-street parking spaces, open or enclosed, are permitted if there is only one entrance to the accessory group parking facility and a maximum of 225 accessory off-street parking spaces, open or enclosed, are permitted if there are two or more entrances.
   
   For hospital developments or enlargements within Areas B and C, as shown on the map, accessory off-street parking may be provided in accordance with the underlying district regulations.
3. Other commercial, community facility and manufacturing uses
   
   For developments or enlargements in Area A containing community facility uses other than hospitals, commercial uses other than transient hotels, or manufacturing uses, the maximum number of accessory off-street parking spaces permitted shall not exceed one space per 4,000 square feet of such community facility, commercial or manufacturing floor area, or 100 spaces, whichever is less. All such parking spaces shall be used exclusively by the tenants or employees of the development or enlargement and shall not be available to the public.
   
   Within Areas B and C, the maximum number of accessory off-street parking spaces permitted for each development, enlargement or alteration shall not exceed one space per 4,000 square feet of floor area, or 100 spaces, whichever is less. In the event that the permitted number of accessory off-street spaces would be less than 15 spaces, an accessory parking facility of up to 15 spaces may be provided.

Where a development or enlargement contains a combination of uses for which parking regulations are set forth in Sections 16-11 (Permitted Parking for Residences) and 16-12 (Permitted Parking for Non-residential Uses), the number of accessory off-street parking spaces for all such uses shall not exceed the number of spaces permitted for each use in accordance with the provisions of such Sections. However, in no event shall the maximum number exceed 225 accessory off-street parking spaces. The exclusive or primary use provisions of Sections 16-11 and 16-12 shall be applicable to the number of spaces provided for each use.

Public parking lots shall not be permitted within the Long Island City area, except where authorized by the City Planning Commission in accordance with the provisions of Section 16-343.

Within Areas A or B, as shown on the map in Section 16-03, public parking garages shall be permitted only in accordance with the special permit provisions of Section 16-352. However, notwithstanding any underlying district regulations, within Subarea C, as shown on the map, public parking garages with a maximum capacity of 150 spaces shall be permitted as-of-right within any zoning district.

All accessory off-street parking spaces may be made available for public use. However, any such space shall be made available to the occupant of a residence to which it is accessory within 30 days after a written request therefor is made to the landlord.

No accessory off-street parking spaces shall be located on a zoning lot other than the same zoning lot as the use to which they are accessory.

All accessory off-street parking spaces shall be located within a completely enclosed building, with the exception of:

(a)        parking spaces accessory to non-profit, voluntary or proprietary hospitals and related facilities, listed under Use Group III(B); and

(b)        up to 15 off-street parking spaces accessory to commercial uses other than a transient hotel, listed under Use Group V, community facility uses other than hospitals, or manufacturing uses.

In the Long Island City area, for accessory off-street parking facilities and public parking garages, curb cuts accessing entrances and exits to such parking facilities shall not be permitted at the following locations:

(a)        within 50 feet of the intersection of any two street lines, except where the Commissioner of Buildings certifies that such location is not hazardous to traffic safety, is not likely to create traffic congestion and will not unduly inhibit surface traffic or pedestrian flow. The Commissioner of Buildings may refer such matter to the Department of Transportation, or its successor, for a report;

(b)        for accessory off-street parking facilities, on 21st Street, 44th Drive, Jackson Avenue, Queens Boulevard, Queens Plaza (North, South and East), Skillman Avenue or Thomson Avenue, except by authorization of the City Planning Commission, pursuant to Section 16-344;

(c)        for public parking garages, on 21st Street, 44th Drive, Jackson Avenue, Queens Boulevard, Queens Plaza (North, South and East) or Vernon Boulevard, except by authorization, pursuant to Section 16-344.

The maximum gross unobstructed surface area, in square feet, of a permitted accessory group parking facility including stalls, aisles, driveways and maneuvering areas shall be as set forth in this Section.

1. Attended parking facilities 
   
   For attended parking facilities without parking lift systems, the maximum gross surface area shall not exceed 200 times the number of accessory off-street parking spaces provided.
   
   For attended parking facilities with parking lift systems, the maximum surface area of the portion of the facility allocated to non-elevated parking spaces shall not exceed 200 times the number of non-elevated spaces provided and the portion allocated to elevated parking spaces shall be 153 times the number of elevated spaces able to be provided on lifted trays. 
   
   No maximum surface area requirement shall apply to automated parking facilities.  
2. Self-park facilities
   
   For self-parking facilities, the maximum gross surface area shall not exceed 350 times the number of accessory off-street parking spaces provided.

An off-street parking facility in the Long Island City area may provide a gross unobstructed surface area greater than the maximum size permitted by this Section upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings that the proposed layout of such parking facility, including, but not limited to, the arrangement of parking spaces, travel aisles and reservoir spaces, where applicable, is sufficient to accommodate the requisite vehicular navigation and turning movements associated with such a facility. To make such a determination, the applicant shall provide the Chairperson with dimensioned plan drawings that depict the proposed vehicular movement through the facility, including any relevant maneuverability or turning radius information.

The City Planning Commission may grant authorizations and special permits, pursuant to Sections 16-34, inclusive, and 16-35, inclusive.

All such special permits and authorizations, in addition to meeting the requirements, conditions and safeguards prescribed by the Commission, shall conform to and comply with all of the applicable zoning district regulations of the Zoning Resolution, except as otherwise specified herein.

An application to the City Planning Commission for the grant of a special permit or authorization under the provisions of this Section shall include a site plan showing the location of all buildings or other structures on the site, the location of all vehicular entrances and exits and off-street parking spaces, and such other information as may be required by the Commission.

In all cases, the City Planning Commission shall deny a special permit application or authorization whenever the use will interfere with a public improvement project (including housing, highways, public buildings or facilities, redevelopment or renewal projects, or rights-of-way for sewers, transit or other public facilities) which is approved by or pending before the City Council or the Commission, as determined from the calendar of each agency issued prior to the date of the public meeting on the application for a special permit or authorization.

In all districts, after December 15, 1961, any zoning lot or other tract of land, as applicable, and anything therein or thereupon, including any development, enlargement, extension, change of use, new or existing use, conversion, alteration, site alteration, relocation, reconstruction and any building or other structure shall be subject to the regulations of this Resolution; and shall continue to be subject to the provisions of this Resolution in effect at the time of such development, enlargement, establishment of  or change of use, conversion, alteration, site alteration, relocation or reconstruction, unless such provisions are modified by an amendment of this Resolution applicable to buildings or other structures or uses existing at the time of such amendment.

Where an existing use or building or other structure is non-conforming or non-complying, the provisions of Article V (Non-Conforming Uses and Non-Complying Buildings) may apply.

Each zoning district is designated by a letter indicating the general land use classification – R for Residence, C for Commercial and M for Manufacturing – followed by one or two numbers and, sometimes, a letter suffix. In residence districts, generally, the higher the first number, the greater the density permitted and the larger the building. Parking requirements usually decrease as density increases. A second number, following a hyphen (such as R3-1 or R3-2), denotes variations in use, bulk or parking regulations among districts within a common density category. In commercial and manufacturing districts, the first number denotes the intensity of permitted uses; the higher the first number, generally, the broader the scope of uses that are permitted and the more significant the land use impact of such uses. The second number, following a hyphen, denotes differences in bulk or parking regulations within a common use category. The higher the second number, generally, the larger the building permitted and/or the lower the parking requirements. Letter suffixes have been added to the designations of certain districts (such as R10A) to indicate contextual counterparts that seek to maintain, enhance or establish new neighborhood characteristics or building scale.

In certain Special Purpose Districts, a specific Manufacturing District is paired with a Residence District. Regulations pertaining to such paired district, including how to consider such districts with regards to the applicability of other underlying zoning regulations, are set forth Article XII, Chapter 3 (Special Mixed Use District).

In order to carry out the purposes and provisions of this Resolution, the following districts are hereby established: 

Residence Districts

R1-1    Single-Family Detached Residence District
R1-2    Single-Family Detached Residence District
R1-2A    Single-Family Detached Residence District

 
R2    Single-Family Detached Residence District
R2A    Single-Family Detached Residence District
R2X    Single-Family Detached Residence District

R3-1    Detached and Semi-Detached Residence District
R3-2    General Residence District
R3A    Detached Residence District
R3X    Detached Residence District

R4    General Residence District
R4-1    Detached and Semi-Detached Residence District
R4A    Detached Residence District
R4B    General Residence District

R5    General Residence District
R5A    Detached Residence District
R5B    General Residence District
R5D    General Residence District

R6    General Residence District
R6-1    General Residence District
R6-2    General Residence District
R6A    General Residence District
R6B    General Residence District
R6D    General Residence District

R7-1    General Residence District
R7-2    General Residence District
R7-3    General Residence District
R7A    General Residence District
R7B    General Residence District
R7D    General Residence District
R7X    General Residence District

R8    General Residence District
R8A    General Residence District
R8B    General Residence District
R8X    General Residence District

R9    General Residence District
R9-1    General Residence District
R9A    General Residence District
R9D    General Residence District
R9X    General Residence District

R10    General Residence District
R10A    General Residence District
R10H    General Residence District
R10X    General Residence District

R11    General Residence District
R11A    General Residence District

R12    General Residence District

 
Commercial Districts

C1-1    Local Commercial District
C1-2    Local Commercial District
C1-3    Local Commercial District
C1-4    Local Commercial District
C1-5    Local Commercial District
C1-6    Local Commercial District
C1-6A    Local Commercial District
C1-7    Local Commercial District
C1-7A    Local Commercial District
C1-8    Local Commercial District
C1-8A    Local Commercial District
C1-8X    Local Commercial District
C1-9    Local Commercial District
C1-9A    Local Commercial District

C2-1    Local Commercial District
C2-2    Local Commercial District
C2-3    Local Commercial District
C2-4    Local Commercial District
C2-5    Local Commercial District
C2-6    Local Commercial District
C2-6A    Local Commercial District
C2-7    Local Commercial District
C2-7A    Local Commercial District
C2-7X    Local Commercial District
C2-8    Local Commercial District
C2-8A    Local Commercial District

C3    Waterfront Recreation District
C3A    Waterfront Recreation District

C4-1    General Commercial District
C4-2    General Commercial District
C4-2A    General Commercial District
C4-2F    General Commercial District
C4-3    General Commercial District
C4-3A    General Commercial District
C4-4    General Commercial District
C4-4A    General Commercial District
C4-4D    General Commercial District
C4-4L    General Commercial District
C4-5    General Commercial District
C4-5A    General Commercial District
C4-5D    General Commercial District
C4-5X    General Commercial District
C4-6    General Commercial District
C4-6A    General Commercial District
C4-7    General Commercial District
C4-8    General Commercial District
C4-9    General Commercial District
C4-11    General Commercial District
C4-11A    General Commercial District
C4-12    General Commercial District


 
C5-1    General Central Commercial District
C5-1A    General Central Commercial District
C5-2    General Central Commercial District
C5-2.5    General Central Commercial District
C5-2A    General Central Commercial District
C5-3    General Central Commercial District
C5-3.5    General Central Commercial District
C5-4    General Central Commercial District
C5-5    General Central Commercial District
C5-P    General Central Commercial District

C6-1    General Central Commercial District
C6-1A    General Central Commercial District
C6-1G    General Central Commercial District
C6-2    General Central Commercial District
C6-2A    General Central Commercial District
C6-2G    General Central Commercial District
C6-2M    General Central Commercial District
C6-3    General Central Commercial District
C6-3A    General Central Commercial District
C6-3D    General Central Commercial District
C6-3X    General Central Commercial District
C6-4    General Central Commercial District
C6-4.5    Restricted Central Commercial District
C6-4A    General Central Commercial District
C6-4M    General Central Commercial District
C6-4X    General Central Commercial District
C6-5    General Central Commercial District
C6-5.5    Restricted Central Commercial District
C6-6    General Central Commercial District
C6-6.5    Restricted Central Commercial District
C6-7    General Central Commercial District
C6-7.5    Restricted Central Commercial District
C6-7T    Restricted Central Commercial District
C6-8    General Central Commercial District
C6-9    General Central Commercial District
C6-11   General Central Commercial District
C6-12   General Central Commercial District

 
C7-1    General Commercial District
C7-2    General Commercial District
C7-3    General Commercial District
C7-4    General Commercial District
C7-5    General Commercial District
C7-6    General Commercial District
C7-7    General Commercial District
C7-8    General Commercial District
C7-9    General Commercial District

C8-1    General Service District
C8-2    General Service District
C8-3    General Service District
C8-4    General Service District

 
Manufacturing Districts

M1-1    Light Manufacturing District (High Performance)
M1-1A    Light Manufacturing District (High Performance)
M1-1D    Light Manufacturing District (High Performance)
M1-2    Light Manufacturing District (High Performance)
M1-2A    Light Manufacturing District (High Performance)
M1-2D    Light Manufacturing District (High Performance)
M1-3    Light Manufacturing District (High Performance)
M1-3A    Light Manufacturing District (High Performance)
M1-3D    Light Manufacturing District (High Performance)
M1-4    Light Manufacturing District (High Performance)
M1-4A    Light Manufacturing District (High Performance)
M1-4D    Light Manufacturing District (High Performance)
M1-5    Light Manufacturing District (High Performance)
M1-5A    Light Manufacturing District (High Performance)
M1-5B    Light Manufacturing District (High Performance)
M1-5D    Light Manufacturing District (High Performance)
M1-5M    Light Manufacturing District (High Performance)
M1-6    Light Manufacturing District (High Performance)
M1-6A    Light Manufacturing District (High Performance)
M1-6D    Light Manufacturing District (High Performance)
M1-6M    Light Manufacturing District (High Performance)
M1-7A    Light Manufacturing District (High Performance)
M1-8A    Light Manufacturing District (High Performance)
M1-9A    Light Manufacturing District (High Performance)

M2-1    Medium Manufacturing District (Medium Performance)
M2-1A    Medium Manufacturing District (Medium Performance)
M2-2    Medium Manufacturing District (Medium Performance)
M2-2A    Medium Manufacturing District (Medium Performance)
M2-3    Medium Manufacturing District (Medium Performance)
M2-3A    Medium Manufacturing District (Medium Performance)
M2-4    Medium Manufacturing District (Medium Performance)
M2-4A    Medium Manufacturing District (Medium Performance)

M3-1    Heavy Manufacturing District (Low Performance)
M3-1A    Heavy Manufacturing District (Low Performance)
M3-2    Heavy Manufacturing District (Low Performance)
M3-2A    Heavy Manufacturing District (Low Performance)
 

Special Purpose Districts

Establishment of the Special 125th Street District

In order to carry out the special purposes of this Resolution as set forth in Article IX, Chapter 7, the Special 125th Street District is hereby established.

Establishment of the Special Atlantic Avenue Mixed Use District 

In order to carry out the special purposes of this Resolution as set forth in Article XIV, Chapter 6, the Special Atlantic Avenue Mixed Use District is hereby established.

Establishment of the Special Battery Park City District

In order to carry out the special purposes of this Resolution as set forth in Article VIII, Chapter 4, the Special Battery Park City District is hereby established.

Establishment of the Special Bay Ridge District

In order to carry out the special purposes of this Resolution as set forth in Article XI, Chapter 4, the Special Bay Ridge District is hereby established.

Establishment of the Special Bay Street Corridor District

In order to carry out the special purposes of this Resolution as set forth in Article XIII, Chapter 5, the Special Bay Street Corridor District is hereby established.

Establishment of the Special Brooklyn Navy Yard District

In order to carry out the special purposes of this Resolution as set forth in Article XIV, Chapter 4, the Special Brooklyn Navy Yard District is hereby established.

Establishment of the Special City Island District

In order to carry out the special purposes of this Resolution as set forth in Article XI, Chapter 2, the Special City Island District is hereby established.

Establishment of the Special Clinton District

In order to carry out the special purposes of this Resolution as set forth in Article IX, Chapter 6, the Special Clinton District is hereby established.

Establishment of the Special Coastal Risk District

In order to carry out the special purposes of this Resolution as set forth in Article XIII, Chapter 7, the Special Coastal Risk District is hereby established.

Establishment of the Special College Point District

In order to carry out the special purposes of this Resolution as set forth in Article XII, Chapter 6, the Special College Point District is hereby established.

Establishment of the Special Coney Island District

In order to carry out the special purposes of this Resolution as set forth in Article XIII, Chapter 1, the Special Coney Island District is hereby established.

Establishment of the Special Coney Island Mixed Use District

In order to carry out the special purposes of this Resolution as set forth in Article X, Chapter 6, the Special Coney Island Mixed Use District is hereby established.

Establishment of the Special Downtown Brooklyn District

In order to carry out the special purposes of this Resolution as set forth in Article X, Chapter 1, the Special Downtown Brooklyn District is hereby established.

Establishment of the Special Downtown Far Rockaway District

In order to carry out the special purposes of this Resolution as set forth in Article XIII, Chapter 6, the Special Downtown Far Rockaway District is hereby established.

Establishment of the Special Downtown Jamaica District

In order to carry out the special purposes of this Resolution as set forth in Article XI, Chapter 5, the Special Downtown Jamaica District is hereby established.

Establishment of the Special East Harlem Corridors District

In order to carry out the special purposes of this Resolution as set forth in Article XIII, Chapter 8, the Special East Harlem Corridors District is hereby established.

Establishment of the Special Enhanced Commercial District

In order to carry out the special purposes of this Resolution as set forth in Article XIII, Chapter 2, the Special Enhanced Commercial District is hereby established.

Establishment of the Special Flushing Waterfront District

In order to carry out the special purposes of this Resolution as set forth in Article XII, Chapter 7, the Special Flushing Waterfront District is hereby established.

Establishment of the Special Forest Hills District

In order to carry out the special purposes of this Resolution as set forth in Article VIII, Chapter 6, the Special Forest Hills District is hereby established.

Establishment of the Special Garment Center District

In order to carry out the special purposes of this Resolution as set forth in Article XII, Chapter 1, the Special Garment Center District is hereby established.

Establishment of the Special Governors Island District

In order to carry out the special purposes of this Resolution, as set forth in Article XIII, Chapter 4, the Special Governors Island District is hereby established.

Establishment of the Special Gowanus Mixed Use District

In order to carry out the special purposes of this Resolution, as set forth in Article XIII, Chapter 9, the Special Gowanus Mixed Use District is hereby established.

Establishment of the Special Grand Concourse Preservation District

In order to carry out the special purposes of this Resolution as set forth in Article XII, Chapter 2, the Special Grand Concourse Preservation District is hereby established.

Establishment of the Special Harlem River Waterfront District

In order to carry out the special purposes of this Resolution as set forth in Article VIII, Chapter 7, the Special Harlem River Waterfront District is hereby established.

Establishment of the Special Hillsides Preservation District

In order to carry out the special purposes of this Resolution as set forth in Article XI, Chapter 9, the Special Hillsides Preservation District is hereby established.

Establishment of the Special Hudson River Park District

In order to carry out the special purposes of this Resolution as set forth in Article VIII, Chapter 9, the Special Hudson River Park District is hereby established.

Establishment of the Special Hudson Square District

In order to carry out the special purposes of this Resolution as set forth in Article VIII, Chapter 8, the Special Hudson Square District is hereby established.

Establishment of the Special Hudson Yards District

In order to carry out the special purposes of this Resolution as set forth in Article IX, Chapter 3, the Special Hudson Yards District is hereby established.

Establishment of the Special Hunts Point District

In order to carry out the special purposes of this Resolution as set forth in Article X, Chapter 8, the Special Hunts Point District is hereby established.

Establishment of the Special Inwood District

In order to carry out the special purposes of this Resolution as set forth in Article XIV, Chapter 2, the Special Inwood District is hereby established.

Establishment of the Special Jerome Corridor District

In order to carry out the special purposes of this Resolution as set forth in Article XIV, Chapter 1, the Special Jerome Corridor District is hereby established.

Establishment of Special Limited Commercial District

In order to carry out the special purposes of this Resolution as set forth in Article VIII, Chapter 3, the Special Limited Commercial District is hereby established.

Establishment of Limited Height Districts

The following are hereby established as Limited Height Districts to which the provisions of paragraph (c) of Section 23-443 (Special provisions in other geographies), Sections 24-591 or 33-491 (Limited Height Districts) shall apply either directly or in other provisions of this Resolution, where they are incorporated by cross-reference:

LH-1   Limited Height District No. 1

LH-1A  Limited Height District No. 1A

LH-2   Limited Height District No. 2

LH-3   Limited Height District No. 3

Establishment of the Special Lincoln Square District

In order to carry out the special purposes of this Resolution as set forth in Article VIII, Chapter 2, the Special Lincoln Square District is hereby established.

Establishment of the Special Little Italy District

In order to carry out the special purposes of this Resolution as set forth in Article X, Chapter 9, the Special Little Italy District is hereby established.

Establishment of the Special Long Island City Mixed Use District

In order to carry out the special purposes of this Resolution as set forth in Article XI, Chapter 7, the Special Long Island City Mixed Use District is hereby established.

Establishment of the Special Lower Manhattan District

In order to carry out the special purposes of this Resolution as set forth in Article IX, Chapter 1, the Special Lower Manhattan District is hereby established.

Establishment of the Special Madison Avenue Preservation District

In order to carry out the special purposes of this Resolution as set forth in Article IX, Chapter 9, the Special Madison Avenue Preservation District is hereby established.

Establishment of the Special Manhattanville Mixed Use District

In order to carry out the special purposes of this Resolution as set forth in Article X, Chapter 4, the Special Manhattanville Mixed Use District is hereby established.

Establishment of the Special Midtown District

In order to carry out the special purposes of this Resolution as set forth in Article VIII, Chapter 1, the Special Midtown District is hereby established.

Establishment of the Special Midtown South Mixed Use District

In order to carry out the special purposes of this Resolution as set forth in Article XII, Chapter 1, the Special Midtown South Mixed Use District is hereby established.

Establishment of the Special Mixed Use District

In order to carry out the special purposes of this Resolution as set forth in Article XII, Chapter 3, the Special Mixed Use District is hereby established.    

Establishment of the Special Natural Area District

In order to carry out the special purposes of this Resolution as set forth in Article X, Chapter 5, the Special Natural Area District is hereby established.

Establishment of the Special Ocean Parkway District

In order to carry out the special purposes of this Resolution as set forth in Article XI, Chapter 3, the Special Ocean Parkway District is hereby established.

Establishment of the Special Park Improvement District

In order to carry out the special purposes of this Resolution as set forth in Article IX, Chapter 2, the Special Park Improvement District is hereby established.

Establishment of the Special Planned Community Preservation District

In order to carry out the special purposes of this Resolution as set forth in Article X, Chapter 3, the Special Planned Community Preservation District is hereby established.

Establishment of the Special Scenic View District

In order to carry out the special purposes of this Resolution as set forth in Article X, Chapter 2, the Special Scenic View District is hereby established.

Establishment of the Special Sheepshead Bay District

In order to carry out the special purposes of this Resolution as set forth in Article IX, Chapter 4, the Special Sheepshead Bay District is hereby established.

Establishment of the Special SoHo-NoHo Mixed Use District

In order to carry out the special purposes of this Resolution as set forth in Article XIV, Chapter 3, the Special SoHo-NoHo Mixed Use District is hereby established.

Establishment of the Special South Richmond Development District

In order to carry out the special purposes of this Resolution as set forth in Article X, Chapter 7, the Special South Richmond Development District is hereby established.

Establishment of the Special Southern Hunters Point District

In order to carry out the special purposes of this Resolution, as set forth in Article XII, Chapter 5, the Special Southern Hunters Point District is hereby established.

Establishment of the Special Southern Roosevelt Island District

In order to carry out the special purposes of this Resolution as set forth in Article XIII, Chapter 3, the Special Southern Roosevelt Island District is hereby established.

Establishment of the Special St. George District

In order to carry out the special purposes of this Resolution as set forth in Article XII, Chapter 8, the Special St. George District is hereby established.

Establishment of the Special Stapleton Waterfront District

In order to carry out the special purposes of this Resolution as set forth in Article XI, Chapter 6, the Special Stapleton Waterfront District is hereby established.

Establishment of the Special Transit Land Use District

In order to carry out the special purposes of this Resolution as set forth in Article IX, Chapter 5, a Special Transit Land Use District is hereby established.

Establishment of the Special Tribeca Mixed Use District

In order to carry out the special purposes of this Resolution as set forth in Article XI, Chapter 1, the Special Tribeca Mixed Use District is hereby established.

Establishment of the Special Union Square District

In order to carry out the special purposes of this Resolution as set forth in Article XI, Chapter 8, the Special Union Square District is hereby established.

Establishment of the Special United Nations Development District

In order to carry out the special purposes of this Resolution as set forth in Article VIII, Chapter 5, the Special United Nations Development District is hereby established.

Establishment of the Special West Chelsea District

In order to carry out the special purposes of this Resolution as set forth in Article IX, Chapter 8, the Special West Chelsea District is hereby established.

Establishment of the Special Willets Point District

In order to carry out the special purposes of this Resolution as set forth in Article XII, Chapter 4, the Special Willets Point District is hereby established.

For the Special Purpose Districts listed in Section 11-122 (Districts established), each Special Purpose District appears on the zoning maps superimposed on other districts and its regulations supplement or modify those of the districts upon which it is superimposed.

(a)        Block 9898, Lots 1 and 117, in the Borough of Queens, shall be subject to the provisions of Section 11-15 (Environmental Requirements) governing (E) designations. The City Environmental Quality Review (CEQR) Declarations for these sites shall be listed in APPENDIX C (City Environmental Quality Review (CEQR) Environmental Requirements) of the Zoning Resolution.

(b)        The following special requirements shall apply to a development, enlargement or change of use for properties in the Borough of Queens located within the areas described in paragraphs (1) through (4) of this paragraph, (b).

(1)        The regulations of an R4 District shall apply within an area bounded by Liberty Avenue, 170th Street, a line 100 feet southeasterly of Liberty Avenue, and a line 100 feet southwesterly of 168th Place.

(2)        The regulations of a C8-1 District shall apply within an area bounded by Liberty Avenue, a line 100 feet southwesterly of 168th Place, a line 150 feet northwesterly of 104th Avenue, and Merrick Boulevard.

(3)        The regulations of an M1-1 District shall apply within an area bounded by Liberty Avenue, Sutphin Boulevard, 105th Avenue, a line 50 feet southwesterly of 148th Street, a line 100 feet northwesterly of 105th Avenue, and a line 150 feet northeasterly of Sutphin Boulevard.

(4)        The regulations of an R6 District with a C2-2 District overlay shall apply within an area bounded by 163rd Street, a line perpendicular to 163rd Street passing through a point distant 109.42 feet as measured along the easterly street line of 163rd Street from the intersection of the southeasterly line of Hillside Avenue and the northeasterly line of 163rd Street, a line 86 feet northeasterly of 163rd Street, a line perpendicular to 163rd Street passing through a point 146.92 feet distant as measured along the easterly street line of 163rd Street from the intersection of the southeasterly line of Hillside Avenue and the northeasterly line of 163rd Street.  

However, in the event that the Chairperson of the City Planning Commission, based on consultation with the Department of Environmental Protection of the City of New York, provides a certificate of no effect to the Department of Buildings with regard to industrial air emissions for an area described in paragraph (b) of this Section, the regulations of the zoning districts designated on the zoning map shall apply to any development, enlargement or change of use within such area, to the extent permitted under the terms of the certificate of no effect.

In M1-6 Districts located within the rectangle formed by West 35th Street, Fifth Avenue, West 40th Street and Sixth Avenue, no dwelling units shall be permitted, except that:

(a)        dwelling units which the Chairperson of the City Planning Commission determines were occupied on May 18, 1981, shall be a permitted use provided that a complete application to permit such use is filed by the owner of the building or the occupant of the dwelling unit not later than June 21, 1983.  For the purposes of Article 7C of the New York State Multiple Dwelling Law, such a determination of residential occupancy shall be deemed to permit residential use as-of-right for such dwelling unit; and

(b)        in any building for which an alteration application for conversion of floor area used for non-residential use to dwelling units or for an extension or minor enlargement of existing residential use, was filed prior to May 18, 1981, dwelling units shall be permitted, provided that such alterations shall comply with the regulations in effect on the date of such filing.  The right to convert to dwelling units or extend or enlarge existing residential use pursuant to the provisions of this paragraph shall expire one year from July 23, 1981, unless a temporary or permanent certificate of occupancy has been issued.

In the Manufacturing District located in the area between Canal Street, Baxter Street, Walker Street, Centre Street, White Street and Broadway, residential use shall not be permitted.  However:

(a)        all dwelling units for which an alteration application to permit such use was filed with the Department of Buildings prior to December 16, 1982, and a temporary or permanent certificate of occupancy is obtained not later than December 16, 1984, shall be a permitted use; and

(b)        dwelling units which the Chairperson of the City Planning Commission determines were occupied on August 31, 1982, shall be a permitted use provided that a complete application to permit such use is filed by the owner of the building or the occupant of a dwelling unit in such building not later than August 31, 1983.   For the purposes of Article 7C of the New York State Multiple Dwelling Law, such a determination of residential occupancy shall be deemed to permit residential use as-of-right for such dwelling unit.

If, within the area affected by zoning map amendment C880800 ZMM, a variance to modify bulk regulations was granted prior to June 30, 1989, and a permit was issued in accordance with the terms of said variance within two years of the grant of said variance, construction pursuant to said permit may be continued.

If, before the effective date of an applicable amendment of this Resolution, a building permit has been lawfully issued, as set forth in paragraph (a) of Section 11-31, to a person with a possessory interest in a zoning lot, authorizing a minor development or a major development, such construction, if lawful in other respects, may be continued provided that:

(a)        in the case of a minor development, all work on foundations had been completed prior to such effective date; or

(b)        in the case of a major development, the foundations for at least one building had been completed prior to such effective date.

In the event that such required foundations have been commenced but not completed before such effective date, the building permit shall automatically lapse on the effective date and the right to continue construction shall terminate. An application to renew the building permit may be made to the Board of Standards and Appeals not more than 30 days after the lapse of such building permit. The Board may renew the building permit and authorize an extension of time limited to one term of not more than six months to permit the completion of the required foundations, provided that the Board finds that, on the date the building permit lapsed, excavation had been completed and substantial progress made on foundations.

(a)        In the event that the construction permitted in Section 11-331 (Right to construct if foundations completed) has not been completed and a certificate of occupancy including a temporary certificate of occupancy, issued therefor within two years after the effective date of any applicable amendment, or for other construction if construction has not been completed on the effective date of any applicable amendment, the building permit shall automatically lapse and the right to continue construction shall terminate.  An application to renew the building permit may be made to the Board of Standards and Appeals not more than 30 days after the lapse of such building permit.  The Board may renew such building permit for two terms of not more than two years each for a minor development or three terms of not more than two years each for a major development or one term of not more than three months for other construction.  In granting such an extension, the Board shall find that substantial construction has been completed and substantial expenditures made, subsequent to the granting of the permit, for work required by any applicable law for the use or development of the property pursuant to the permit.

(b)        However, in the event that construction has not been completed at the expiration of the extended terms specified in paragraph (a) of this Section, or in Sections 11-333 (Residential developments with building permits issued on or before June 30, 1989) or 11-334 (Building permits issued prior to June 29, 1994), such building permit may be renewed by the Board for terms of one year each upon the following findings:

(1)        that the applicant has been prevented from completing such construction by hardship or circumstances beyond the applicant's control;

(2)        that the applicant has not recovered all or substantially all of the financial expenditures incurred in construction, nor is the applicant able to recover substantially all of the financial expenditures incurred through development that conforms and complies with any applicable amendment to this Resolution; and

(3)        that there are no considerations of public safety, health and welfare that have become apparent since the issuance of the permit that indicate an overriding benefit to the public in enforcement of the applicable amendment to this Resolution.

(c)        The rights or obligations that accrue or are created by this Section shall commence on December 5, 1991.

(d)        If judicial proceedings affecting the validity of the building permit have been instituted, the rights or obligations that accrue or are created by this Section shall commence upon the date of entry of the final order in such proceedings, including all appeals.

1. Residential developments with building permits issued on or before June 30, 1989
   
   ​​​​If on or before June 30, 1989, the foundations of a residential major or minor development have been completed and permits issued pursuant to the requirements of Section 11-331 (Right to construct if foundations completed), and a certificate of occupancy has not been issued by June 30, 1991, construction may continue until June 30, 1995, for a minor development, or until June 30, 1997, for a major development, provided the Commissioner of Buildings determines that 30 percent of the floor area of the major or minor development was roofed and enclosed by walls by June 30, 1991. Applications to continue construction under this Section must be filed with the Commissioner of Buildings within 90 days of December 5, 1991. If the Commissioner of Buildings has granted the right to continue construction of a major or minor development pursuant to this Section, the Board of Standards and Appeals may not grant the right to continue construction pursuant to paragraph (a) of Section 11-332.
2. Building permits issued prior to June 29, 1994
   
   If, before June 29, 1994, a building permit has been lawfully issued, as set forth in paragraph (a) of Section 11-31, to a person with a possessory interest in a zoning lot authorizing construction, such construction may be started or continued for a period of one year pursuant to the regulations governing R6A, R6B, R7A, R7B, R7X, R8A, R8B, R8X, R9A, R9X or R10A Districts or Commercial Districts with such Residence District bulk regulations, or in any other district in which such construction complies with the Quality Housing Program, prior to the adoption of N940257 ZRY - Quality Housing Follow-Up Text Amendments.
3. Building permits for other construction in R1-2A and R2A Districts
   
   In R1-2A Districts established on or after April 22, 2009, and R2A Districts established on or after December 20, 2006, if a building permit for other construction has been lawfully issued prior to the dates establishing such districts, such construction may be continued, notwithstanding the provisions of paragraph (a) of Section 11-332 (Extension of period to complete construction), provided that the Department of Buildings determines that all of the requisite structural framing to perform the work authorized under the permit was completed on or before the date establishing the district. If the Commissioner of Buildings determines that such framing was not complete on such date, the provisions of paragraph (a) of Section 11-332 shall apply.
4. Building permits issued before April 30, 2008
   
   In all districts other than R1, R2, R3, R4 or R5 Districts, if, before April 30, 2008, a building permit has been lawfully issued authorizing construction on a zoning lot, the provisions of N080078 ZRY, pertaining to yards and N080081 ZRY, pertaining to street trees, shall not apply, provided that foundations have been completed in accordance with paragraphs (a) and (b) of Section 11-331 (Right to construct if foundations completed), as applicable, before April 30, 2009. The provisions of Section 11-332 (Extension of period to complete construction) shall not apply.
5. Building permits issued and applications filed before April 22, 2009
   
   If, before April 22, 2009, a building permit has been lawfully issued authorizing construction on a zoning lot, the provisions of N090191 ZRY, pertaining to bicycle parking, shall not apply. If, on or before November 17, 2008, an application for a special permit or variance is pending before the Board of Standards and Appeals or an authorization or special permit from the City Planning Commission has been certified or referred to authorize construction on a zoning lot, the provisions of N090191 ZRY, pertaining to bicycle parking, shall not apply. For hospitals, if, before April 22, 2009, an application for a special permit or variance is pending before the Board of Standards and Appeals or an authorization or special permit from the City Planning Commission has been filed to authorize construction on a zoning lot, the provisions of N090191 ZRY, pertaining to bicycle parking, shall not apply.
6. Building permits issued before February 2, 2011
   
   If a building permit has been lawfully issued on or before February 2, 2011, authorizing “other construction” as set forth in paragraph (c)(3) of Section 11-31 (General Provisions), construction pursuant to such permit may continue pursuant to the regulations governing such construction prior to the adoption of N110090(A) ZRY (Key Terms Clarification zoning text amendment) until February 2, 2012. However, this Section shall not apply to “other construction” subject to Sections 23-738 (Height limitations for narrow buildings or enlargements) or 109-122 (Height and setback regulations).
7. Building permits issued before December 6, 2024
   
   The provisions of this Section shall apply to developments or enlargements seeking building permits for buildings in which floor space is exempted pursuant to paragraph (12)(ii) of the definition of floor area as was set forth in Section 12-10 (DEFINITIONS) before December 6, 2023.
   
   If, on or before December 6, 2023, an application for a development, enlargement or conversion has been filed with the Department of Buildings, and if, on or before December 6, 2024, the Department of Buildings has approved an application for a foundation, a new building or an alteration based on a complete zoning analysis showing zoning compliance for such development, enlargement, or conversion, such application may be continued, and construction may be started or continued.
   
   Buildings receiving building permits pursuant to this Section shall not be considered ultra low energy buildings.
8. Building permits issued before June 6, 2025
   
   If, on or before June 6, 2024, an application for a development, enlargement or change of use has been filed with the Department of Buildings that would not conform with the applicable provisions of N 240010 ZRY pertaining to ground floor level streetscape regulations, and if, on or before June 6, 2025, the Department of Buildings has approved an application for a foundation, a new building or an alteration based on a complete zoning analysis showing zoning compliance for such development, enlargement or change of use, with the applicable rules existing prior to June 6, 2024, such application may be continued, and construction may be started or continued.
9. Building permit applications approved before December 5, 2025
   
   If, on or before December 5, 2024, an application for a development, enlargement or change of use has been filed with the Department of Buildings to authorize construction with the applicable rules of this Resolution existing prior to the adoption of the provisions of N 240290 ZRY on December 5, 2024, and if, on or before December 5, 2025, the Department of Buildings has approved an application for a foundation, a new building or an alteration based on a complete zoning analysis showing zoning compliance for such development, enlargement or change of use#, such application may be continued, and construction may be started or continued.
   
   Any such application may be amended one or more times prior to December 5, 2025 to modify the development, enlargement or change of use or to modify the configuration of the zoning lot on which such development, enlargement or change of use is located, and retain vested status, provided the complete zoning analysis associated with such amended application is approved prior to December 5, 2025.
10. Building permit applications approved before October 29, 2025
    
    If, on or before October 29, 2025, an application for a development, enlargement or change of use has been filed with the Department of Buildings to authorize construction with applicable rules of this Resolution existing prior to the adoption of the provisions of N 250173 ZRQ on October 29, 2025, and if, on or before October 29, 2026, the Department of Buildings has approved an application for a foundation, a new building or an alteration based on a complete zoning analysis showing zoning compliance for such development, enlargement or change of use, such application may be continued, and construction may be started or continued.
    
    Any such application may be amended one or more times prior to October 29, 2026, to modify the development, enlargement or change of use, and retain vested status, provided the complete zoning analysis associated with such amended application is approved prior to October 29, 2026.

The provisions of this Section shall apply within flood zones. The provisions of this Section are subject to all provisions of Title 28 of the Administrative Code of the City of New York and Appendix G of the New York City Building Code, or its successors, including those pertaining to expiration, reinstatement, revocation and suspension. Changes in flood maps shall be considered an amendment of the Zoning Resolution for the purposes of applying the provisions of Section 11-30 (BUILDING PERMITS ISSUED BEFORE EFFECTIVE DATE OF AMENDMENT).

(a)        Construction approved pursuant to previous versions of flood maps

If, within one year prior to a change in the flood maps affecting a property, the Department of Buildings issued a building permit for construction on that property pursuant to the previous flood maps, the provisions of Article VI, Chapter 4 (Special Regulations Applying in Flood Hazard Areas) shall be deemed modified so as to substitute the previous flood maps for the current flood maps and such construction may continue pursuant to such prior flood maps until two years after the date of adoption of the new flood maps. After this date, the vesting provisions of Section 11-30 shall apply.

(b)        Provisions applying when Appendix A (Special Regulations for Neighborhood Recovery) of Article VI, Chapter 4 expires

This provision shall become effective only upon the expiration of Appendix A of Article VI, Chapter 4, adopted on July 23, 2015. If a building permit authorizing construction pursuant to Appendix A has been approved on or before the expiration of such Appendix, construction may continue up to two years after the expiration. After such date, the provisions of Section 11-30 shall apply.

If, before July 8, 2017, an application has been filed with the Department of Buildings for a development on a corner lot with a lot area of less than 5,000 square feet, located in a C5-2 District in Community District 5 of the Borough of Manhattan, the provisions established in N 190230 ZRY pertaining to calculating floor area in a tower containing residences shall not apply in the portion of such building below a height of 130 feet above the base plane, provided that the aggregate height of any floor space on stories occupied predominantly by mechanical equipment provided pursuant to paragraph (8) of the definition of floor area in Section 12-10 (DEFINITIONS), and any floor space that is or becomes unused or inaccessible within a building, pursuant to paragraph (k) of the definition of floor area in Section 12-10, does not exceed 80 feet.

Where no limitation as to duration of the use was imposed at the time of authorization, such use may be continued.  Where such use was authorized subject to a term of years, such use may be continued until the expiration of the term, and thereafter, the agency which originally authorized such use may, in appropriate cases, extend the period of continuance for one or more terms of not more than 10 years each.  The agency may prescribe appropriate conditions and safeguards to minimize adverse effects of such use on the character of the neighborhood.

Repairs or incidental alterations may be made and in appropriate cases the authorizing agency may permit structural alterations, extensions or enlargements limited to the zoning lot that was granted a variance, exception or permit prior to December 15, 1961.  However, the use of any building or other structure shall not be extended, and the building or other structure shall not be enlarged, in excess of 50 percent of the floor area of such building (or size of such structure) occupied or utilized by the use on December 15, 1961, and, except as otherwise provided in Article VII, no structural alterations, extensions or enlargements shall be authorized for a new non-conforming use authorized under the provisions of Section 11-413 (Change of use).

Such use may be changed to a conforming use and in appropriate cases the authorizing agency may permit such use to be changed to another non-conforming use which would be permitted under the provisions applicable to non-conforming uses as set forth in Sections 52-31 to 52-36, inclusive, relating to Change of Non-Conforming Use, provided that the authorizing agency finds that such change of use will not impair the essential character or the future use or development of the surrounding area.

In permitting a change to another non-conforming use, such authorizing agency may impose appropriate conditions and safeguards to minimize any adverse effects upon the character of the surrounding area.

For the purposes of this Section, a change of use is a change to another use listed in the same or any other Use Group.  A change in ownership or occupancy shall not, by itself, constitute a change of use.

The provisions of this Chapter shall apply to automotive equipment rental and leasing establishments listed under Use Group VI, public parking lots, and public parking garages listed under Use Group IX(C), and accessory off-street parking facilities, in the Manhattan Core, as follows:

1. for accessory off-street parking facilities, public parking garages and public parking lots constructed prior to May 8, 2013, or existing buildings developed without parking, the number of parking spaces required or permitted shall be as set forth in Section 13-07 (Existing Buildings and Off-street Parking Facilities); 
2. for accessory off-street parking facilities, automobile rental establishments and public parking lots developed or enlarged after May 8, 2013, the as-of-right number of parking spaces permitted in a parking facility shall be as set forth in Section 13-10 (PERMITTED OFF-STREET PARKING IN THE MANHATTAN CORE). Special rules shall apply to all such accessory off-street parking spaces, automobile rental establishments and public parking lots, as set forth in Section 13-20 (SPECIAL RULES FOR MANHATTAN CORE PARKING FACILITIES); 
3. any increase in the number of off-street parking spaces in an accessory off-street parking facility or public parking lot resulting in a capacity not otherwise allowed under the applicable regulations of Section 13-10; or a new public parking lot in a location not permitted by Section 13-14 (Permitted Parking in Public Parking Lots), shall be permitted only by the City Planning Commission, pursuant to the applicable special permit in Section 13-45 (Special Permits for Additional Parking Spaces);
4. public parking garages developed or enlarged after May 8, 2013, shall not be permitted as-of-right. Any development or enlargement of such public parking garages shall only be permitted in C1-5, C1-6, C1-7, C1-8, C1-9, C2, C4, C5, C6, C7, C8, M1, M2 or M3 Districts by the City Planning Commission, pursuant to the applicable special permit in Section 13-45. Commercial vehicles may occupy spaces in permitted public parking garages in accordance with the provisions of Section 13-16 (Permitted Parking for Car Sharing Vehicles and Commercial Vehicles). 

The following special permits shall not be applicable within the Manhattan Core:

Section 73-46 (Exceptions to Maximum Size of Accessory Group Parking Facilities);

Section 74-193 (Public parking garages or public parking lots outside high density areas);

Section 74-194 (Public parking garages or public parking lots in high density central areas), except as set forth in Section 13-06 (Previously Filed or Approved Special Permits or Authorizations); and

Section 74-53 (Accessory Group Parking Facilities for Uses in Large-Scale Residential Developments or Large-Scale Community Facility Developments or Large-Scale General Developments), inclusive.

The provisions of Section 13-30 (OFF-STREET LOADING REGULATIONS IN THE MANHATTAN CORE), inclusive, shall apply to all accessory off-street loading berths provided as part of developments, enlargements, extensions or changes of use within the Manhattan Core after May 8, 2013.

Public parking lots shall not be permitted in the areas shown on the following maps, except where permitted by Section 13-45 (Special Permits for Additional Parking Spaces).

Map 1 — Area where public parking lots are not permitted in the midtown Manhattan Core

Map 2 — Area where public parking lots are not permitted in the downtown Manhattan Core

For accessory off-street parking facilities, automobile rental establishments and public parking lots, curb cuts are required for entry and exit to such parking facilities. Such curb cuts:

(a)        shall not be permitted within 50 feet of the intersection of any two street lines, except where the Commissioner of Buildings certifies that such location:

(1)        is not hazardous to traffic safety;

(2)        is not likely to create traffic congestion; and

(3)        will not unduly inhibit surface traffic or pedestrian flow.

The Commissioner of Buildings may refer such matter to the Department of Transportation, or its successor, for a report;

(b)        shall not be located within two and one-half feet of any side lot line of the zoning lot, or prolongation thereof;

(c)        for accessory off-street parking facilities and automobile rental establishments, shall not be located on a wide street, except where authorized pursuant to Section 13-441 (Curb cuts); and

(d)        for public parking lots, shall not be permitted on the following wide streets, except where authorized pursuant to Section 13-441:

(1)        14th Street, from Fourth Avenue to Seventh Avenue;

(2)        Avenue of the Americas, from 23rd Street to 32nd Street;

(3)        Canal Street, from the Bowery to West Broadway;

(4)        Church Street, from Park Place to Worth Street;

(5)        Delancey Street, from Clinton Street to the west side of Orchard Street;

(6)        Fifth Avenue;

(7)        Seventh Avenue, from 23rd Street to 32nd Street; and

(8)        Worth Street, from Centre Street to Church Street.

1. Accessory off-street parking facilities
   
   For curb cuts accessing off-street parking spaces accessory to residences in the Manhattan Core, the provisions of Sections 25-631 (Location and width of curb cuts in certain districts) and 36-532 (Location and width of curb cuts accessing residential parking spaces in certain districts) shall apply, as applicable.
   
   In addition, the maximum width of a curb cut shall be 22 feet, including splays, for curb cuts accessing off-street parking spaces accessory to residences in R9 through R12 Districts, and in Commercial Districts mapped within or with a residential equivalent of R9 through R12 Districts. This maximum curb cut width of 22 feet shall also apply to curb cuts accessing off-street parking spaces accessory to commercial or community facility uses, and to curb cuts accessing off-street parking facilities with parking spaces accessory to a mix of uses.
2. Automobile rental establishments
   
   For curb cuts accessing automobile rental establishments, the maximum width of a curb cut shall be 22 feet, including splays.
3. Public parking lots
   
   For curb cuts accessing public parking lots, the curb cut provisions of paragraph (c) of Section 36-57 (Parking Lot Maneuverability and Curb Cut Regulations) shall apply.

An off-street parking facility in the Manhattan Core may provide a gross unobstructed surface area less than the minimum size required or greater than the maximum size permitted by Section 13-26  (Minimum and Maximum Size of Parking Facilities) upon certification by the Chairperson of the City Planning Commission to the Commissioner of Buildings that the proposed layout of such parking facility, including, but not limited to, the arrangement of parking spaces, travel aisles and reservoir spaces, where applicable, is sufficient to accommodate the requisite vehicular navigation and turning movements associated with such a facility. In order to make such a determination, the applicant shall provide the Chairperson with dimensioned plan drawings that depict the proposed vehicular movement through the facility, including any relevant maneuverability or turning radius information.  

Where the Chairperson certifies that an accessory off-street parking facility may be reduced in size because vehicles will be limited in length, such restriction shall be noted on the certificate of occupancy.

The City Planning Commission may authorize, subject to the applicable zoning district regulations, curb cuts located on a wide street, provided the Commission finds that a curb cut at such a location:

(a)        is not hazardous to traffic safety;

(b)        will not create or contribute to serious traffic congestion, or unduly inhibit vehicular movement;

(c)        will not adversely affect pedestrian movement;

(d)        will not interfere with the efficient functioning of bus lanes, specially designated streets or public transit facilities; and

(e)        will not be inconsistent with the character of the existing streetscape.

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

The City Planning Commission may, by authorization, allow an increase in the number of parking spaces in an existing parking facility or the creation of a new parking facility associated with an existing building developed without parking, provided that the limitations of paragraph (a) and the findings of paragraph (b) of this Section are met.

1. Limitations
   
   The total number of parking spaces in a parking facility, inclusive of any existing spaces, where applicable, shall not exceed what would be permitted if such facility were developed in accordance with the provisions of Section 13-10 (PERMITTED OFF-STREET PARKING IN THE MANHATTAN CORE). However, in no event shall the number of additional spaces authorized pursuant to this Section exceed 15 spaces. 
2. Findings
   
   The Commission shall find that:
   1. the location of the vehicular entrances and exits to the parking facility will not unduly interrupt the flow of pedestrian traffic associated with uses or public facilities, including access points to mass transit facilities in close proximity thereto, or result in any undue conflict between pedestrian and vehicular movements, due to the entering and leaving movement of vehicles;
   2. 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;
   3. such use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow; and
   4. such parking facility will not be inconsistent with the character of the existing streetscape.

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

For off-street parking facilities built prior to May 8, 2013, the City Planning Commission may authorize a reduction in the number of required accessory off-street parking spaces where the Commission finds that such reduction will not have undue adverse effects on residents, businesses or community facilities in the surrounding area, as applicable.

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

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 predominantly residential development or enlargement, provided that, in addition to the conditions and findings set forth in Section 13-45, the Commission shall find that either:

(a)        the number of off-street parking spaces in such proposed parking facility is reasonable and not excessive in relation to recent trends in close proximity to the proposed facility with regard to:

(1)        the increase in the number of dwelling units ; and

(2)        the number of both public and accessory off-street parking spaces, taking into account both the construction, if any, of new off-street parking facilities and the reduction, if any, in the number of such spaces in existing parking facilities. In making this determination, the Commission may take into account off-street parking facilities for which building permits have been granted, or which have obtained City Planning Commission special permits pursuant to Section 13-45; or

(b)        the proposed ratio of parking spaces to dwelling units in the proposed development or enlargement does not exceed:

(1)        20 percent of the total number of dwelling units, where such units are located within Community District 1, 2, 3, 4, 5 or 6; or

(2)        35 percent of the total number of dwelling units, where such units are located within Community District 7 or 8.

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

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 would serve the parking needs of a health care, arts or public assembly use, provided that, in addition to the conditions and findings set forth in Section 13-45, the Commission shall find that:

(a)        the proposed parking facility is either in close proximity to or on the same zoning lot as one or more of the following uses :

(1)        non-profit, voluntary or proprietary hospitals and related facilities, listed under Use Group III(B)

(2)        museums, listed in Use Group III(B);

(3)        art, music, dancing or theatrical studios, or theaters, listed under Use Group VIII; or

(4)        an arena, auditorium, trade exposition or stadium, listed under Use Group VIII or, where permitted by special permit, pursuant to Section 74-182 or other government agency approvals;

(b)        an increased number of permitted off-street parking spaces in such proposed parking facility is essential to the operation of such health care, arts or public assembly use; and

(c)        reasonable measures to minimize parking demand have been identified. For existing or enlarged health care, arts or public assembly 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 health care, arts or public assembly uses, such measures shall be committed to in a form acceptable to the Commission.

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

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 non-residential use not otherwise listed in paragraph (a) of Section 13-452, provided that, in addition to the conditions and findings set forth in Section 13-45, the Commission shall find that:

(a)        the proposed parking facility is in close proximity to or on the same zoning lot as a commercial use, community facility use or manufacturing use that is of significant importance to the economic well-being of the City of New York;

(b)        an increased number of permitted off-street parking spaces in such proposed parking facility is essential to the operation of such use; and

(c)        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.

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

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.

The City Planning Commission may permit an increase in the number of spaces in an accessory off-street parking facility existing prior to May 8, 2013, as listed in paragraph (a) of Section 13-45 (Special Permits for Additional Parking Spaces), provided that, in addition to the conditions and findings set forth in Section 13-45, the Commission shall find that:

(a)        where such increased number of permitted off-street parking spaces in such existing parking facility would serve the parking needs of a zoning lot or zoning lots comprised predominantly of residential uses, either:

(1)        finding (a) of Section 13-451 (Additional parking spaces for residential growth) is met; or

(2)        the sum of any existing off-street parking spaces, and the proposed increase, does not exceed:

(i)        20 percent of the total number of dwelling units, where such units are located within Community District 1, 2, 3, 4, 5 or 6; or

(ii)        35 percent of the total number of dwelling units, where such units are located within Community District 7 or 8; and

(iii)        the number of parking spaces that would be permitted for existing conforming non-residential uses, if the ratio of parking spaces to floor area for the applicable use, as specified in Section 13-10 (PERMITTED OFF-STREET PARKING IN THE MANHATTAN CORE), were applied.

Any dwelling units on the zoning lot or zoning lots which are non-complying as to density shall not be included in such calculation pursuant to paragraphs (a)(2)(i) or (a)(2)(ii) of this Section, and any non-complying floor area on such zoning lot or zoning lots shall be excluded in applying such ratio in paragraph (a)(2)(iii) of this Section; or

(b)        where an increased number of permitted off-street parking spaces in such existing parking facility would serve the parking needs of a zoning lot or zoning lots comprised predominantly of conforming non-residential uses, the sum of any existing off-street parking spaces, and the proposed increase, does not exceed the number of parking spaces that would be permitted if the ratio of parking spaces to floor area for the applicable use, as specified in Section 13-10, were applied. Any non-complying floor area on such zoning lot or zoning lots shall be excluded in applying such ratio.

In M1-5 and M1-6 Districts located within the rectangle formed by West 31st Street, Eighth Avenue, West 30th Street, and Sixth Avenue, no new dwelling units shall be permitted. However, dwelling units which the Chairperson of the City Planning Commission determines were occupied on September 1, 1980, shall be a permitted use provided that a complete application for a determination of occupancy is filed by the owner of the building or the occupant of a dwelling unit in such building not later than June 21, 1983. For the purposes of Article 7C of the New York State Multiple Dwelling Law, such a determination of residential occupancy on September 1, 1980, shall be deemed to permit residential use as-of-right for such dwelling units.

All dwelling units permitted pursuant to this Section shall be required to comply with the requirements of Section 15-024 (Special bulk regulations for certain pre-existing dwelling units and joint living-work quarters for artists) where applicable.

Where the Chairperson of the City Planning Commission has determined that floor area was occupied as dwelling units on September 1, 1980, and where such dwelling units are located in a building which, on the date of application to the Department of City Planning under the provisions of this Section, also has floor area which is occupied by referenced commercial and manufacturing uses, the Chairperson may permit that any floor area in the building be used for dwelling units provided that:

1. the total amount of floor area to be used for dwelling units does not exceed the amount of floor area occupied as dwelling units on September 1, 1980;
2. referenced commercial and manufacturing uses located on floor area to be used for dwelling units that has been offered a new or amended lease within the building, with a minimum term of two years from the date of application, at a fair market rental for the same amount of floor area previously occupied, and such lease is not subject to cancellation by the landlord;
3. any residential tenant who occupied a dwelling unit shall be relocated to a dwelling unit within the building with a floor area equal to not less than 95 percent of the amount of floor area in the dwelling unit previously occupied; and
4. as a result of such action by the Chairperson, residential uses will be located on stories above manufacturing uses.

Dwelling units converted under the provisions of this Chapter are not subject to the provisions of Section 32-42 (Location Within Buildings).

The owner or developer of a building converted under the provisions of this Chapter and containing one or more dwelling units and one or more commercial or manufacturing uses above the first story shall be required to notify all prospective residential occupants of such dwelling units that:

(a)        such dwelling units are located in a building containing commercial or manufacturing uses which the City is committed to maintain; and

(b)        such prospective occupants should make any investigation they deem necessary to determine that the conditions existing or permitted to exist are not offensive to such prospective occupant.

Prior to the issuance of a building permit, the owner or developer shall file an affidavit with the Department of Buildings that such notice will be provided in all residential leases and offering plans.

1. The minimum size, yard and density requirements of Sections 15-111 (Number of permitted dwelling units) and 43-17 (Special Provisions for Joint Living-Work Quarters for Artists in M1-5B Districts) may be replaced by the requirements of this Section for dwelling units and joint living-work quarters for artists:
   1. existing on September 1, 1980, for which a determination of residential or joint living-work quarters for artists occupancy has been made pursuant to paragraph (b) of Section 15-021 (Special use regulations), paragraph (b) of Section 42-314 (Use regulations in certain M1-1, M1-5 and M1-6 Districts), paragraph (c)(2) of Section 42-315 (Use regulations in M1-5B Districts); or
   2. that are registered Interim Multiple Dwellings or are found covered by the New York City Loft Board pursuant to Article 7C of the New York State Multiple Dwelling Law; or
   3. that the Loft Board determines were occupied for residential use or as joint living-work quarters for artists on September 1, 1980.
2. Unless required by the Loft Board for the legalization of Interim Multiple Dwelling Units in the implementation of Article 7C of the New York State Multiple Dwelling Law, dwelling units or joint living-work quarters for artists described in paragraph (a) and existing on such dates may not be divided subsequently into units or quarters of less than 1,200 square feet.
   
   No building that meets the density requirements of Section 15-111, may subsequently add additional units or quarters except in accordance thereof. No building to which the regulations of this Section have been applied may subsequently add additional units or quarters except in accordance with the requirements of Sections 15-111.
3. In lieu of the stated minimum size, yard, and density requirements of Sections 15-111 and 43-17, the following regulations shall apply:
   1. The minimum size of a dwelling unit or joint living-work quarters for artists may be no less than 415 square feet of floor area, provided that all of the following requirements are met:
      1. the unit or quarters shall contain one or more windows that open onto a street or 30 foot yard;
      2. the area of such required window shall be not less than eight percent of the floor area of the unit or quarters and 50 percent of the area of such required window shall be openable; and
      3. the interior dimension of the wall in which such required window is located shall be no less than 12 feet in width; or
   2. The minimum size of a dwelling unit or joint living-work quarters for artists may be no less than 600 square feet of floor area, provided that all of the following requirements are met:
      1. the unit or quarters shall contain one or more windows that open onto either:
         1. a 10 foot yard, where the window sill of such required window is at least 23 feet above curb level;
         2. a 15 foot yard, where the window sill of such required window is less than 23 feet above curb level;
         3. a court with a minimum dimension of 15 feet perpendicular to such required window and 375 square feet or more in area; or
         4. a street;
      2. the minimum horizontal distance between such required window opening onto a yard and any wall opposite such window on the same or another zoning lot shall be at least 15 feet;
      3. the area of such required window shall be no less than five percent of the floor area of the unit or quarters, and 50 percent of the area of such required window shall be openable;
      4. the interior dimension of the wall in which such required window is located shall be no less than 12 feet in width;
      5. the average width of such unit or quarters shall be no less than 14 feet; and

(vi)    not less than two-thirds of the floor area of the unit or quarters shall have a floor-to-ceiling height of nine feet or more.

The maximum number of dwelling units permitted shall be determined in accordance with the applicable district regulations pursuant to Section 23-50 (DENSITY REGULATIONS), inclusive. Any floor area in excess of the district regulations shall be included in the amount of floor area to be divided by the dwelling unit factor, where applicable.

For the conversion of non-residential floor area to residences, pursuant to Section 74-71 (Landmark Preservation), in C7, C8 and Manufacturing Districts, the maximum number of dwelling units shall be determined by applying the density regulations set forth in Section 23-50 in accordance with the applicable geography.

In addition, the following provisions shall apply:

Dwelling units may be distributed anywhere within a building provided that any portion of a dwelling unit located in a cellar shall also comply with the provisions of Section 15-112 (Light and air provisions).

Mezzanines constructed pursuant to Chapter 26 of the Administrative Code shall be allowed within individual dwelling units provided that the gross area of such mezzanine does not exceed 33 1/3 percent of the floor area contained within such dwelling unit. Such mezzanines are permitted only in buildings with an existing floor area ratio of 12 or less, and only between floors, or between a floor and a roof, existing on January 22, 1998, that are to remain. Such mezzanines shall not be included as floor area for the purpose of calculating the minimum required size of a dwelling unit or for calculating floor area devoted to dwelling units.

The density provisions of this Section may be replaced by the regulations of Section 15-024 (Special bulk regulations for certain pre-existing dwelling units and joint living-work quarters for artists) for dwelling units that are registered Interim Multiple Dwellings or are covered by the New York City Loft Board pursuant to Article 7C of the New York State Multiple Dwelling Law or that the Loft Board determines were occupied for residential use on September 1, 1980.

(a)        Spaces other than rooms:

(1)        Mezzanines shall be lit and ventilated in accordance with the provisions of Section 27-732 (Natural light requirements) and Article 6 (Standard of Natural Ventilation) of the New York City Building Code.

(2)        Cellar space is not permitted in dwelling units with three and one-half rooms or fewer, unless such dwelling units contain at least 1,200 square feet of interior floor area.

(3)        Spaces, other than "living rooms," kitchens, bathrooms or mezzanines, with a minimum width of five feet in the narrowest dimension measured perpendicular to a wall enclosing such space, are not permitted in dwelling units with two rooms or fewer, unless such dwelling units contain at least 1,200 square feet of interior floor area.

(b)        Every dwelling unit shall meet the light and air requirements of Section 277 of the Multiple Dwelling Law.

(c)        Width to depth ratio

Where there is more than one dwelling unit per story, the average width of each dwelling unit shall be at least one fourth of the depth. Depth is the farthest point within the dwelling unit from the exterior building wall containing windows used to meet the requirements of paragraph (b) of this Section, measured perpendicular to such building wall.  Width is the distance between exterior dwelling unit walls measured perpendicular to the depth.

The provisions of this Chapter shall apply to accessory off-street parking facilities, public parking lots and public parking garages, as set forth in this Section.

1. For accessory off-street parking facilities, public parking garages and public parking lots constructed prior to October 25, 1995, or existing buildings developed without parking, the number of parking spaces required or permitted shall be set forth in Section 16-07 (Existing Buildings and Off-street Parking Facilities). 
2. For accessory off-street parking facilities, public parking lots and public parking garages developed or enlarged after October 25, 1995, the number of parking spaces permitted in a parking facility shall be as set forth in Section 16-10 (PERMITTED OFF-STREET PARKING IN THE LONG ISLAND CITY AREA). Special rules shall apply to all such accessory off-street parking spaces, public parking lots and public parking garages, as set forth in Section 16-20. 
3. Any increase in the number of off-street parking spaces in an accessory off-street parking facility, public parking lot or public parking garage resulting in a capacity not otherwise allowed under the applicable regulations of Section 16-10, shall be permitted only by the City Planning Commission, pursuant to the applicable special permit in Section 16-35 (Special Permits), inclusive.

The provisions of this Chapter shall not apply to large-scale residential developments utilizing Sections 78-41 (Location of Accessory Parking Spaces) or 78-42 (Parking Regulations for Commercial and Community Facility Uses).

In addition to the provisions of this Chapter, further requirements relating to the Long Island City area can be found in the following Special Purpose Districts:

(a)        the Special Long Island City Mixed Use District, as set forth in Section 117-54 (Off-street Parking and Loading Regulations); and

(b)        the Special Southern Hunters Point District, as set forth in Section 125-50 (PARKING REGULATIONS), inclusive.

The City Planning Commission may, by authorization, allow an increase in the number of parking spaces in an existing parking facility or the creation of a new parking facility associated with an existing building developed without parking, provided that the limitations of paragraph (a) and the findings of paragraph (b) of this Section are met.

1. Limitations
   
   The total number of parking spaces in a parking facility, inclusive of any existing spaces, where applicable, shall not exceed what would be permitted if such facility were developed in accordance with the provisions of Section 16-10 (PERMITTED OFF-STREET PARKING IN THE LONG ISLAND CITY AREA). However, in no event shall the number of additional spaces authorized pursuant to this Section exceed 15 spaces.
2. Findings
   
   The Commission shall find that: 
   1. the location of the vehicular entrances and exits to the parking facility will not unduly interrupt the flow of pedestrian traffic associated with uses or public facilities, including access points to mass transit facilities in close proximity thereto, or result in any undue conflict between pedestrian and vehicular movements, due to the entering and leaving movement of vehicles;
   2. 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;
   3. such use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow; and
   4. such parking facility will not be inconsistent with the character of the existing streetscape.

For off-street parking facilities built prior to October 25, 1995, the City Planning Commission may authorize a reduction in the number of required accessory off-street parking spaces where the Commission finds that such reduction will not have undue adverse effects on residents, businesses or community facilities in the surrounding area, as applicable. 

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

The City Planning Commission may authorize public parking lots with a capacity of not more than 150 spaces in the Long Island City area, provided that the otherwise applicable regulations set forth in Sections 36-54 or 44-44 (Surfacing), and Sections 36-55 or 44-45 (Screening) are met.

As a condition for authorizing any such public parking lots, the Commission shall make the following findings:

1. such use will not be incompatible with, or 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. such use will not create or contribute to serious traffic congestion and will not unduly inhibit vehicular and pedestrian movement;
3. such use is so located as to draw a minimum of vehicular traffic to and through local residential streets; and
4. the streets providing access to such use will be adequate to handle the traffic generated thereby.

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 and for locations of entrances and exits.

The City Planning Commission may authorize curb cuts located on a street designated in Section 16-23 (Curb Cut Restrictions), provided the Commission finds that a curb cut at such location:

1. is not hazardous to traffic safety;
2. will not create or contribute to serious traffic congestion or unduly inhibit vehicular movement;
3. will not adversely affect pedestrian movement;
4. will not interfere with the efficient functioning of bus lanes, specially designated streets and public transit facilities; and
5. will not be inconsistent with the character of the existing streetscape.

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).

1. Eligible parking facilities
   
   The Commission may permit, on-site or off-site, open or enclosed, accessory off-street parking facilities:
   1. 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
   2. 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).
2. Findings
   
   The Commission shall find that:
   1. within the vicinity of the site, there are insufficient parking spaces available;
   2. 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;
   3. such use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow;
   4. such parking facility will not be inconsistent with the character of the existing streetscape; and
   5. 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.

The City Planning Commission may, by special permit, allow public parking garages and public parking lots not otherwise permitted, pursuant to the applicable provisions of Section 74-195 (Public parking garages or public parking lots in high density central areas).