THE COUNCIL OF THE CITY OF NEW YORK
RESOLUTION NO. 470
Resolution approving the decision of the City Planning Commission on Application No. N 100284 ZRY, for an amendment of the Zoning Resolution of the City of New York, concerning the parking of car share vehicles in off-street parking facilities (Citywide; L.U. No. 199).
By Council Members Comrie and Weprin
WHEREAS, the City Planning Commission filed with the Council on August 13, 2010 its decision dated August 11, 2010 (the "Decision"), pursuant to Section 200 of the New York City Charter, regarding an application submitted by the Department of City Planning, for an amendment of the Zoning Resolution of the City of New York, to allow car share vehicles to park in certain off-street parking facilities in all zoning districts, within specified limitations. The regulations would apply to existing and new accessory parking facilities and public parking facilities (Application No. N 100284 ZRY), Citywide (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 September 13, 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 April 26, 2010 (CEQR No. 10DCP032Y);
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 100284 ZRY, 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 old, to be deleted;
Matter within # # is defined in Section 12-10;
* * * indicates where unchanged text appears in the Zoning Resolution
Article 1
GENERAL PROVISIONS
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Chapter 2
Construction of Language and Definitions
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12-10
DEFINITIONS
* * *
Bulk
* * *
Car sharing vehicle
A “car sharing vehicle” is a vehicle maintained and owned or leased by a car sharing organization which is available for use by its members. Membership shall mean that individuals have been pre-approved to use such vehicles and need not be approved by the car sharing organization at the time of proposed use. Membership must be open to the public and shall only be denied based upon driving record, credit record or other legitimate business need of the car sharing organization. Vehicles must be made available to members for periods of use as short as one hour. The car sharing organization must provide all legally-required insurance as part of the membership.
Vehicles shall be reserved by members through a self-service reservation system which is available at all times. A #car sharing vehicle# shall be located in a parking facility that is accessible to members of the car sharing organization at all times. No employees or agents of the car sharing organization shall provide services to members or conduct business transactions with members within such parking facility. Attended parking facilities may be serviced by a parking attendant unaffiliated with any car sharing organization. A parking facility containing #car sharing vehicles# shall be securely separated from all other portions of a #building# containing #residences#.
A #car sharing vehicle# shall be no more than 216 inches in length and shall bear a decal that provides the name of the car sharing organization. The decal must be clearly visible from the outside of the #car sharing vehicle# and must be either:
(a) located on the driver’s side door or passenger’s side door of #car sharing vehicle# and at least 30 square inches in area; or
(b) located in the lower left corner of the rear windshield of the #car sharing vehicle#. The decal shall be at least one square inch in area and contain the letters “CSV” in lettering at least 11/32 of an inch in height and the name of the car sharing organization in lettering at least 5/32 of an inch in height. All lettering shall be fully opaque and shall highly contrast with the background color of the decal.
All #car sharing# vehicles shall bear a decal pursuant to the provisions of paragraph (a) or (b) within 60 days of (effective date of amendment).
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Public parking garage
A "public parking garage" is a #building or other structure#:
(a) that provides parking or storage for motor vehicles, but not for commercial or public utility vehicles or the dead storage of motor vehicles; and
(b) some or all of whose parking spaces are non-#accessory#.
#Car sharing vehicles# may occupy parking spaces in a #public parking garage#, however, the number of spaces so occupied shall not exceed 40 percent of all parking spaces in such garage. A #public parking garage# may include #accessory# off-street parking spaces limited to such spaces that are #accessory# to other #uses# on the same #zoning lot#.
Sale of motor fuel or motor oil or minor repairs incidental to the parking or storage of motor vehicles are permitted #accessory uses#.
Public parking lot
A "public parking lot" is any tract of land that is:
(a) used for the parking or storage for motor vehicles, but not for commercial or public utility vehicles or the dead storage of motor vehicles; and
(b) not #accessory# to a #use# on the same or another #zoning lot#.
#Car sharing vehicles# may occupy spaces in a #public parking lot #, however, the number of spaces so occupied shall not exceed 40 percent of all parking spaces in such parking lot.
Minor repairs incidental to the parking or storage of motor vehicles are a permitted #accessory use#.
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Chapter 3
Comprehensive Off-Street Parking Regulations in Community Districts 1, 2, 3, 4, 5, 6, 7 and 8 in the Borough of Manhattan and a Portion of Community Districts 1 and 2 in the Borough of Queens
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13-012
Existing off-street parking facilities
(a) Existing required or permitted #accessory# off-street parking spaces, #public parking lots# and #public parking garages# established prior to April 29, 1982 in Manhattan and October 25, 1995 in Queens shall continue to be subject to the applicable zoning district regulations in effect prior to April 29, 1982 in Manhattan and October 25, 1995 in Queens. However, #enlargements#, #extensions# or any increase in the number of off-street parking spaces within such off-street parking facilities shall be subject to the provisions of this Chapter.
(b) Nothing herein contained shall be deemed to permit a reduction or elimination of existing #accessory# off-street parking spaces that were required under the applicable provisions of the zoning district regulations in effect prior to April 29, 1982 in Manhattan and October 25, 1995 in Queens.
(c) #Car sharing vehicles# may occupy existing required or permitted #accessory# off-street parking spaces established prior to April 29, 1982, in Manhattan and October 25, 1995, in Queens, however, the number of spaces so occupied shall not exceed five spaces or 20 percent of all such #accessory# off-street parking spaces, whichever is greater.
(d) #Accessory residential# off-street parking spaces shall be made available to the occupants of the #residences# to which they are #accessory# within 30 days after written request is made to the landlord.
(e) #Car sharing vehicles# may occupy parking spaces in #public parking lots# and #public parking garages# established prior to April 29, 1982, in Manhattan and October 25, 1995, in Queens, however, the number of spaces so occupied shall not exceed 40 percent of all parking spaces in such parking facilities.
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13-14
Additional Regulations for Permitted Accessory Off-Street Parking Spaces
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13-144
Car sharing vehicles
Notwithstanding the provisions of Sections 13-12 and 13-13, inclusive, #car sharing vehicles# may occupy parking spaces in #accessory# off-street parking facilities, however, the number of spaces so occupied shall not exceed five spaces or 20 percent of all parking spaces in such facilities, whichever is greater. #Accessory residential# off-street parking spaces shall be made available to the occupants of the #residences# to which they are #accessory# within 30 days after written request is made to the landlord.
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13-42
Residential Development
#Accessory# off-street parking spaces are required for new #residential developments# or #enlargements# in Manhattan Community Districts 1, 2, 3, 4, 5, 6, 7 and 8, only as set forth below:
(a) For public or publicly-assisted housing, as such categories are defined in Section 25-25 (Modification of Requirements for Public or Publicly Assisted Housing or Non-Profit Housing for the Elderly), the minimum number of #accessory# off-street parking spaces required for new #dwelling units# provided in the #development# or #enlargement# as a percentage of such new #dwelling units# are as follows:
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(f) All such parking spaces shall be used exclusively by the occupants of the #residential development# and occupants of nearby public or publicly-assisted housing projects, except that #car sharing vehicles# may occupy #accessory# off-street parking spaces, however, the number of spaces so occupied shall not exceed five spaces or 20 percent of all such parking spaces, whichever is greater. #Accessory residential# off-street parking spaces shall be made available to the occupants of the #residences# to which they are #accessory# within 30 days after written request is made to the landlord.
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13-55 Authorizations
13-551
Accessory off-street parking spaces
The City Planning Commission may, by authorization, subject to the otherwise applicable zoning district regulations, allow on-site enclosed #accessory# off-street parking facilities with a maximum capacity of 15 spaces in existing #buildings#, provided that the Commission finds that:
(a) the #building# does not have #accessory# off-street parking spaces;
(b) such parking spaces are needed for and will be used exclusively by the occupants of the #use# to which they are #accessory#, except that #car sharing vehicles# may occupy #accessory# off-street parking spaces, however, the number of spaces so occupied shall not exceed five spaces or 20 percent of all such parking spaces, whichever is greater. For the purposes of this finding, (b), such need shall exist where there are special circumstances and there are no reasonably viable alternatives to on-site enclosed parking spaces;
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13-56
Special Permits
13-561
Accessory off-street parking spaces
The City Planning Commission may, by special permit, subject to the otherwise applicable zoning district regulations, allow on-site or off-site, open or enclosed, #accessory# off-street parking facilities with any capacity not otherwise allowed under Section 13-10 (PERMITTED ACCESSORY OFF-STREET PARKING SPACES), provided the Commission finds that:
(a) such parking spaces are needed for, and will be used by, the occupants, visitors, customers or employees of the #use# to which they are #accessory#, except that #car sharing vehicles# may occupy #accessory# off-street parking spaces, however, the number of spaces so occupied shall not exceed five spaces or 20 percent of all such parking spaces, whichever is greater;
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Chapter 2
Use Regulations
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22-30
SIGN REGULATIONS
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22-323
Signs for parking areas
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10
One #sign#, with an area not exceeding two square feet, designating each entrance to or exit from an off-street parking area, open or enclosed, is permitted. No such #sign# shall be higher than seven feet above #curb level#.
In addition, an off-street parking facility that contains #car sharing vehicles# may provide #signs# that in the aggregate total no more than two square feet in area identifying organizations that have #car sharing vehicles# available at such parking area. No such #sign# shall be located higher than seven feet above #curb level#.
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Chapter 5
Accessory Off-Street Parking and Loading Regulations
Off-street Parking Regulations
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25-40
RESTRICTIONS ON OPERATION OF ACCESSORY OFF-STREET PARKING
SPACES
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25-412
In all other Residence Districts
R3 R4 R5 R6 R7 R8 R9 R10
In the districts indicated, such spaces shall be designed and operated primarily for the long-term storage of the private passenger motor vehicles used by the occupants of such #residences#.
However, such spaces may be:
(a) rented for periods of not less than one week and not more than one month to persons who are not occupants of the #residences# to which such spaces are #accessory# for the accommodation of the private passenger motor vehicles used by such non-residents, provided that such spaces are operated in accordance with the regulations promulgated by the Commissioner of Buildings, in a manner which will not adversely affect the residential character of the neighborhood. Such spaces shall be made available to the occupants of the #residences# to which they are #accessory# within 30 days after written request therefore is made to the landlord; or
(b) occupied by #car sharing vehicles#, however:
(1) in R3-2 and R4 Districts, except R4A, R4B and R4-1 Districts, the number of spaces occupied by #car sharing vehicles# shall not exceed 10 percent of all spaces in a #group parking facility# that contains 20 or more spaces; and
(2) in R5, R6, R7, R8, R9 and R10 Districts, except R5A Districts, the number of spaces occupied by #car sharing vehicles# shall not exceed five spaces or 20 percent of all #accessory# off-street parking spaces, whichever is greater.
Such spaces provided pursuant to paragraphs (a) and (b) of this Section shall be made available
to the occupants of the #residences# to which they are #accessory# within 30 days after written
request is made to the landlord.
25-42
Use of Spaces Accessory to Permitted Non-Residential Uses
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10
In all districts, as indicated, all permitted or required off-street parking spaces, open or enclosed, which are #accessory# to permitted non-#residential uses# shall be used only by occupants, visitors, customers or employees of such #uses# and shall not be rented except as may be provided for houses of worship pursuant to Section 25-542 (Shared parking facilities for houses of worship). However, #car sharing vehicles# may occupy such spaces only pursuant to the provisions of paragraphs (a) and (b) of this Section.
R1 R2 R3 R4 R5A
(a) In the districts indicated, #car sharing vehicles# may occupy parking spaces #accessory# to a non-#residential use# in a #group parking facility# containing 20 spaces or more that are #accessory# to a college or university #use# listed in Use Group 3, however, the number of spaces so occupied shall not exceed 10 percent of all parking spaces in such #group parking facility#.
R5 R5B R5D R6 R7 R8 R9 R10
(b) In the districts indicated, except R5A Districts, #car sharing vehicles# may occupy parking spaces #accessory# to a non-#residential use# in a #group parking facility# containing 20 spaces or more, however, the number of spaces so occupied shall not exceed 10 percent of all parking spaces in such #group parking facility#.
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25-68
For Parking Facilities Containing #Car Sharing Vehicles#
R1 R2 R3 R4 R5 R6 R7 R8 R9 R10
Within an off-street parking facility that contains #car sharing vehicles#, an information plaque shall be placed within twenty feet of either the entrance to the parking facility or the attendant’s station, at a location accessible to and visible to users of such facility. The plaque shall be fully opaque, non reflective and constructed of permanent, highly durable materials and shall contain the following statements in lettering no less than one inch high:
(a) “Total parking spaces in facility:” and shall specify the total number of parking spaces permitted within such parking facility;
(b) “Maximum number of car sharing vehicles:” and shall specify the total number of #car sharing vehicles# permitted within such parking facility; and
(c) where such parking facility contains #accessory residential# parking spaces, “Accessory residential parking spaces shall be made available to residents of this building within 30 days after a written request is made to the landlord”.
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Chapter 6
Accessory Off-Street Parking and Loading Regulations
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36-46
Restrictions on Use of Accessory Off-Street Parking Spaces
C1 C2 C3 C4 C5 C6 C7 C8
In all districts, as indicated, all permitted or required #accessory# off-street parking spaces, open or enclosed, shall be used primarily for the owners, occupants, employees, customers, residents, or visitors of the #use# or #uses# to which such spaces are #accessory#, except as set forth in this Section.
(a) Any off-street parking spaces #accessory# to #residences# which are not needed by the occupants of such #residences# may be rented to persons who are not occupants of such #residences# for the accommodation of private passenger motor vehicles used by such persons or may be occupied by #car sharing vehicles#, only as set forth in the following paragraphs:
(1) In C1 or C2 Districts mapped within Residence Districts
In C1 or C2 Districts mapped within R3, R4 or R5A Districts, the number of spaces occupied by #car sharing vehicles# shall not exceed 10 percent of all parking spaces in #group parking facilities# containing 20 or more spaces. In C1 or C2 Districts mapped within R5 Districts except R5A Districts, and in R6, R7, R8, R9 or R10 Districts, the number of spaces occupied by #car sharing vehicles# shall not exceed five spaces or 20 percent of all parking spaces, whichever is greater.
(2) In C1 or C2 Districts not mapped within Residence Districts, or in C3, C4, C5, C6 Districts
In the districts indicated, except C3 Districts, the number of spaces occupied by #car sharing vehicles# shall not exceed five spaces or 20 percent of all parking spaces, whichever is greater. In C3 Districts, the number of spaces occupied by #car sharing vehicles# shall not exceed 10 percent of all parking spaces in #group parking facilities# containing 20 or more spaces.
Such spaces provided pursuant to paragraph (a) of this Section shall be made available to the occupants of the #residences# to which they are #accessory# within 30 days after written request therefore is made to the landlord.
(b) #Car sharing vehicles# may occupy off-street parking spaces #accessory# to a non-#residential use# in #group parking facility# containing 20 spaces or more, however, the number of spaces so occupied shall not exceed 10 percent of all parking spaces in such #group parking facilities#.
In addition, the rental of such spaces to non-residents shall be subject to the restrictions applying to the specified districts as set forth in this Sections 36-461 and 36-462, except that such restrictions shall not apply to spaces occupied by #car sharing vehicles#.
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36-51
General Provisions
C1 C2 C3 C4 C5 C6 C7 C8
In all districts, as indicated, all permitted or required #accessory# off-street parking spaces shall conform to the provisions of the following Sections: Section 36-50, inclusive.
Section 36-52 (Size of Spaces)
Section 36-53 (Location of Access to the Street)
Section 36-54 (Restrictions on Use of Required Residential Open Space for Parking)
Section 36-55 (Surfacing)
Section 36-56 (Screening).
Special regulations applying to #large-scale community facility developments# or #large-scale
residential developments# are set forth in Article VII, Chapter 8.
36-52
Size, and Location and Identification of Spaces
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36-523
Identification of #car sharing vehicles#
C1 C2 C3 C4 C5 C6 C7 C8
Within an off-street parking facility that contains #car sharing vehicles#, an information plaque shall be placed within twenty feet of either the entrance to the parking facility or the attendant’s station, at a location accessible to and visible to users of such facility. The plaque shall be fully opaque, non reflective and constructed of permanent, highly durable materials and shall contain the following statements in lettering no less than one inch high:
(a) “Total parking spaces in facility:” and shall specify the total number of parking spaces permitted within such parking facility;
(b) “Maximum number of car sharing vehicles:” and shall specify the total number of #car sharing vehicles# permitted within such parking facility; and
(c) where such parking facility contains #accessory residential# parking spaces, “Accessory residential parking spaces shall be made available to residents of this building within 30 days after a written request is made to the landlord”.
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Chapter 4
Accessory Off-Street Parking and Loading Regulations
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44-30
RESTRICTIONS ON LOCATION AND USE OF ACCESSORY OFF-STREET
PARKING SPACES
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44-35
Restriction on Use of Accessory Off-Street Parking Spaces
M1 M2 M3
In all districts, as indicated, #accessory# off-street parking spaces, whether permitted or required and whether open or enclosed, shall be used primarily for the owners, occupants, employees, customers, or visitors of the #use# or #uses# to which such spaces are #accessory#. #Car sharing vehicles# may occupy #accessory# off-street parking spaces in #group parking facilities# containing 20 spaces or more, however, the number of spaces so occupied shall not exceed 10 percent of all parking spaces in such #group parking facilities#.
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44-41
General Provisions
M1 M2 M3
In all districts, as indicated, all permitted or required off-street parking spaces shall conform to the provisions of Section 44-40, inclusive. the following Sections:
Section 44-42 (Size of Spaces)
Section 44-43 (Location of Access to the Street)
Section 44-44 (Surfacing)
Section 44-45 (Screening)
Special regulations applying to #large-scale community facility developments# are set forth in
Article VII, Chapter 8.
44-42
Size and Identification of Spaces
M1 M2 M3
(a) Size of spaces
In all districts, as indicated, for all #accessory# off-street parking spaces, open or enclosed, each 300 square feet of unobstructed standing or maneuvering area shall be considered one parking space. 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, or where the developer or applicant for a building permit or certificate of occupancy certifies that such spaces will be fully attended.
* * *
M1 M2 M3
(b) Identification of #car sharing vehicles#
Within an off-street parking facility that contains #car sharing vehicles#, an information plaque shall be placed at a location accessible to and visible to users of such facility. The plaque shall be fully opaque, non reflective and constructed of permanent, highly durable materials and shall contain the following statements in lettering no less than one inch high:
(1) “Total parking spaces in facility:” and shall specify the total number of parking spaces permitted within such parking facility; and
(2) “Maximum number of car sharing vehicles:” and shall specify the total number of #car sharing vehicles# permitted within such parking facility.
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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 September 29, 2010, on file in this office.
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City Clerk, Clerk of The Council