THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 136
Resolution approving the decision of the City Planning Commission on Application No. N 100134 ZRX, for an amendment of the Zoning Resolution of the City of New York, concerning Article II, Chapter 5 (Accessory Off-Street Parking and Loading Regulations) and Article III, Chapter 6 (Accessory Off-Street Parking and Loading Regulations), relating to off-street parking regulations in Community District 10, Borough of the Bronx (L.U. No. 44).
By Council Members Comrie and Weprin
WHEREAS, the City Planning Commission filed with the Council on February 12, 2010 its decision dated February 10, 2010 (the "Decision"), pursuant to Section 201 of the New York City Charter, regarding an application submitted by the New York City Department of City Planning, for an amendment of the Zoning Resolution of the City of New York, concerning Article II, Chapter 5 (Accessory Off-Street Parking and Loading Regulations) and Article III, Chapter 6 (Accessory Off-Street Parking and Loading Regulations), relating to off-street parking regulations in Community District 10 (Application No. N 100134 ZRX), Borough of the Bronx (the "Application");
WHEREAS, the Decision is subject to review and action by the Council pursuant to Section 197-d(b)(1) of the City Charter;
WHEREAS, upon due notice, the Council held a public hearing on the Decision and Application on March 9, 2010;
WHEREAS, the Council has considered the land use implications and other policy issues relating to the Decision and Application; and
WHEREAS, the Council has considered the relevant environmental issues and the Negative Declaration, issued on November 2, 2009 (CEQR No. 10DCP012X);
RESOLVED:
The Council finds that the action described herein will have no significant effect on the environment.
Pursuant to Sections 197-d and 200 of the City Charter and on the basis of the Decision and Application, and based on the environmental determination and consideration described in this report, N 100134 ZRX, incorporated by reference herein, the Council approves the Decision.
The Zoning Resolution of the City of New York, effective as of December 15, 1961, and as subsequently amended, is further amended as follows:
Matter in underline is new, to be added;
Matter in strikeout is to be deleted;
Matter with # # is defined in Section 12-10;
* * * indicates where unchanged text appears in the Zoning Resolution
Article I
General Provisions
* * *
Chapter 2
Construction of Language and Definitions
* * *
12-10 DEFINITIONS
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.
* * *
Lower density growth management area
A “lower density growth management area” is any R1, R2, R3, R4A, R4-1 or C3A District in the following designated areas, and any #development# accessed by #private roads# in R1, R2, R3, R4, R5 or C3A Districts within such areas:
The Borough of Staten Island
Community District 10 in the Borough of the Bronx
In the Borough of Staten Island, #lower density growth management areas# shall also include any C1, C2, or C4 District.
In the Borough of the Bronx, in Community District 10, #lower density growth management areas# shall also include any R6, R7, C1 or C2 Districts for the purposes of applying the parking provisions of Article II, Chapter 5, and Article III, Chapter 6.
* * *
Chapter 5
Accessory Off-Street Parking and Loading Regulations
* * *
25-24
Modification of Requirements for Small Zoning Lots
R6 R7 R8 R9 R10
In the districts indicated, for small #zoning lots#, the requirements set forth in Section 25-23 (Requirements Where Group Parking Facilities Are Provided) shall be modified in accordance with the provisions of this Section.
25-241
Reduced requirements
R6 R7 R8 R9 R10
In the districts indicated, for #zoning lots# of 10,000 or 15,000 square feet or less, the number of required #accessory# off-street parking spaces is as set forth in the following table:
REDUCED REQUIREMENTS FOR
SMALL ZONING LOTS
Parking Spaces District within which C1 or
Required as a Percent C2 District is Mapped
of Total #Dwelling
#Lot Area# Units# District
10,000 square feet or less 50 R6 R7-1*R7B
30 R7-1 R7A R7D R7X
10,001 to 15,000 square 30 R7-2
feet
20 R8** R9 R10
* Within #lower density growth management areas# in Community District 10, Borough of the Bronx
** In R8B Districts, the parking requirements may not be reduced.
* * *
25-26
Waiver of Requirements for Small Number of Spaces
R4B R5B R5D R6 R7 R8 R9 R10
In the districts indicated, the requirements set forth in Section 25-21 (General Provisions) shall be waived if the required number of #accessory# off-street parking spaces resulting from the application of such requirements is no greater than the maximum number as set forth in this Section, except that the requirements shall not be waived for #non-profit residences for the elderly#.
However, the following provisions shall apply:
(a) in R5D Districts, the provisions of this Section, inclusive, shall only apply to #zoning lots# existing both on June 29, 2006 and on the date of application for a building permit; and
(b) in R6 and R7 Districts in #lower density growth management areas# in Community District 10 in the Borough of the Bronx, the provisions of this Section, inclusive, shall only apply to #zoning lots# existing both on (effective date of amendment) and on the date of application for a building permit.
* * *
Chapter 6
Accessory Off-Street Parking and Loading Regulations
* * *
36-30
REQUIRED ACCESSORY OFF-STREET PARKING SPACES FOR RESIDENCES WHEN PERMITTED IN COMMERCIAL DISTRICTS
36-34
Modification of Requirements for Small Zoning Lots
C1 C2 C4-2 C4-3 C4-4 C4-5 C4-6 C4-7 C5 C6
In the districts indicated for small #zoning lots#, the requirements set forth in Section 36-33 (Requirements Where Group Parking Facilities are Provided), shall be modified in accordance with the provisions set forth in this Section.
36-341
Reduced requirements in C1 or C2 Districts governed by surrounding Residence District bulk regulations
C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5
In the districts indicated, for #zoning lots# of 10,000 or 15,000 square feet or less, the number of required #accessory# off-street parking spaces is determined by the #Residence District# within which such #Commercial District# is mapped, in accordance with the following table:
REDUCED REQUIREMENTS FOR
SMALL ZONING LOTS
Parking Spaces District within which C1 or
Required as a Percent C2 District is Mapped
of Total #Dwelling
#Lot Area# Units#
10,000 square feet or less 50 R6 R7-1*R7B
30 R7-1 R7A R7D R7X
10,001 to 15,000 square 30 R7-2
feet
20 R8** R9 R10
* In C1 or C2 Districts mapped within R7-1 Districts within #lower density growth management areas# in Community District 10, Borough of the Bronx
** In R8B Districts, the parking requirements may not be reduced.
* * *
36-361
For new development or enlargements in C1 or C2 Districts governed by surrounding Residence District bulk regulations
C1-1 C1-2 C1-3 C1-4 C1-5 C2-1 C2-2 C2-3 C2-4 C2-5
In the districts indicated, where such districts are mapped within R6, R7, R8, R9or R10 Districts, the requirements set forth in Section 36-31 (General Provisions) for new #development# or #enlargements# shall be waived if the required number of #accessory# off-street parking spaces resulting from the application of such requirements is no greater than the maximum number as set forth in the following table. The maximum number is determined by the #Residence District# within which the #Commercial District# is mapped.
NUMBER OF SPACES FOR WHICH
REQUIREMENTS ARE WAIVED
#Residence District# within which C1 or
C2 District is Mapped Maximum Number of
Spaces Waived
R5D 1
R6 R7-1 R7B 5
R7-2 R7A R7D R7X R8 R9 R10 15
However, the following provisions shall apply:
(a) in C1 or C2 Districts mapped within R5D Districts, the provisions of this Section, inclusive, shall only apply to #zoning lots# existing both on June 29, 2006 and on the date of application for a building permit; and
(b) in C1 or C2 Districts mapped within R6 and R7 Districts in #lower density growth management areas# in Community District 10 in the Borough of the Bronx, the provisions of this Section, inclusive, shall only apply to #zoning lots# existing both on (effective date of amendment) and on the date of application for a building permit.
Adopted.
Office of the City Clerk, }
The City of New York, } ss.:
I hereby certify that the foregoing is a true copy of a Resolution passed by The Council of The City of New York on March 25, 2010, on file in this office.
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City Clerk, Clerk of The Council