93-821 - Permitted parking when the reservoir surplus is greater than or equal to zero

LAST AMENDED
12/5/2024


When the #reservoir surplus# is greater than or equal to zero, off-street parking spaces may be provided only in accordance with
the provisions of this Section.

(a)   For #residences#, #accessory# off-street parking spaces may be provided for not more than 30 percent of the total number
       of #dwelling units#, except that where such #dwelling units# are comprised of #low income floor area#, #moderate
       income floor area# or #middle income floor area#, as defined in Section 27-11, #accessory# off-street parking spaces may
       be provided for not more than eight percent of the total number of such #dwelling units#.

(b)    For #transient hotels# listed under Use Group V, the applicable provisions of Section 13-12 (Permitted Parking for Non-
        residential Uses) shall apply with respect to the number of permitted #accessory# off-street parking spaces, provided
        that the number of such spaces does not exceed 0.16 for every 1,000 square feet of #floor area#.

(c)   For Office #uses# listed under Use Group VII, not more than 0.16 #accessory# off-street parking spaces may be provided
       for every 1,000 square feet of #floor area#.

(d)    In the Eastern Rail Yard Subarea A1, paragraphs (a) through (c) of this Section shall not apply, and any #accessory# off-
        street parking shall comply with the provisions of this paragraph (d):

        (1)    for #residences#, #accessory# off-street parking spaces may be provided for not more than 40 percent of the total
                number of #dwelling units#;

        (2)    for #commercial# and #community facility uses#, not more than 0.325 #accessory# off-street parking spaces may
                be provided for every 1,000 square feet of #floor area#, provided that in no event shall the number of off-street
                parking spaces #accessory# to #commercial# or #community facility uses# exceed 350 spaces; and

        (3)    in no event shall the total number of #accessory# off-street parking spaces for all #uses# exceed 1,000.

(e)   The Department of Buildings shall not issue a building permit for any #accessory# off-street parking pursuant to
       paragraphs (a) through (c) of this Section, unless the Chairperson has certified that:

        (1)    the sum of the permitted parking spaces set forth in the following paragraphs, (e)(1)(i), (e)(1)(ii) and (e)(1)(iii), is
                less than or equal to 5,084 spaces:

                (i)     the #reservoir surplus# or zero;

                (ii)    the #Hudson Yards development parking supply#; and

                (iii)    the number of spaces proposed to be added by the #development# or #enlargement# for which
                         certification is sought; and

        (2)    the sum of the permitted parking spaces set forth in the following paragraphs, (e)(2)(i), (e)(2)(ii), (e)(2)(iii) and (e)
                (2)(iv), is less than or equal to 5,905 spaces:

                (i)     all off-street parking spaces in the #Hudson Yards parking regulations applicability area# that have been
                         categorized, in accordance with the definition in Section 93-81, as part of the #reservoir parking
                         supply#, less any such off-street parking spaces that have been categorized as decreasing the #reservoir
                         surplus# in accordance with paragraph (a) of the second part of the definition of #reservoir surplus# in
                         Section 93-81;

                (ii)    all off-street parking spaces in the #Hudson Yards parking regulations applicability area# that have been
                         categorized as increasing the #reservoir surplus# in accordance with paragraphs (b) and (c) of the first
                         part of the definition of #reservoir surplus# in Section 93-81;

                (iii)   the #Hudson Yards development parking supply#; and

                (iv)    the number of spaces proposed to be added by the #development# or #enlargement# for which
                        certification is sought.

        (3)    Notwithstanding paragraphs (e)(1) and (2) of this Section, if the Chairperson determines that final certificates of
               occupancy have been issued by the Department of Buildings for all #buildings# shown in the site plan for the
               Eastern Rail Yard Subarea A1 as required by the provisions of Section 93-70, and that upon the completion of
               all such #buildings#, fewer than 1,000 #accessory# off-street parking spaces have been provided in such subarea,
               any difference between the number of #accessory# off-street parking spaces provided in the Eastern Rail Yard
               Subarea A1, and 1,000, may be added to the limits of 5,084 and 5,905 spaces set forth in paragraphs (e)(1) and
               (e)(2), respectively.

        (4)    Any certification granted by the Chairperson, pursuant to this Section, shall lapse after two years if #substantial
               construction# of the #development# or of the #enlarged# portion of an existing #building#, which includes the
               subject #accessory# off-street parking spaces, has not occurred. In making a certification pursuant to this
               Section, the Chairperson shall not consider any prior certification or any special permit that has lapsed in
               accordance with the provisions of this Resolution. However, for Site 6, as shown on Map 6 in Appendix A of
               this Chapter, any such certification shall lapse after six years if #substantial construction# of the new #building#
               that includes the subject #accessory# off-street parking spaces, has not occurred.