406.9.6 Accessory uses and occupancies.

Parking lot offices, attendant shelters, storage facilities, and similar structures used in conjunction with open parking lots may be provided as an accessory use and shall comply with the applicable code provisions. Such accessory structures may be constructed of combustible materials subject to the limitations of Section D105.1 of Appendix D.

406.9.6.1 Motor fuel-dispensing facilities.

Motor fuel-dispensing facilities, accessory to open parking lots, shall comply with the requirements of the New York City Fire Code and Section 406.8 of this code. Motor fuel pumps shall be located at least 30 feet (9144 mm) from any parking space or interior lot line.

406.9.7 Special provisions applicable to large open parking lots.

Open parking lots storing ten or more motor vehicles shall also be subject to the special provisions of this section.

406.9.7.1 Curbs and bumpers.

Bumpers shall be situated not less than 1 foot (305 mm) from the perimeter edge of the open parking lot where vehicles are parked parallel to such perimeter edge, and not less than 4 feet (1219 mm) from the perimeter edge where vehicles are parked perpendicular to such perimeter edge. Openings shall be limited as provided for in Section 406.9.5.1.

   Exception: A steel guardrail or other substantial barrier designed in accordance with the provisions of Section 1607.9, that will prevent any part of a vehicle from extending across a property line, may be accepted in lieu of bumpers.

406.9.7.2 Screen enclosures.

Open parking lots shall provide a perimeter screen enclosure as per this section unless otherwise required by the New York City Zoning Resolution. Such screen enclosure may be constructed as a masonry wall, woven wire fence, iron picket fence, or uniformly painted fence of fire-resistant material at least 4 feet (1219 mm) high, but not more than 8 feet (2438 mm) above finished grade, subject to the limitations of Section 3111. Such enclosures shall completely separate the lot from adjoining premises and public sidewalks. Openings shall be limited as provided for in Section 406.9.5.1.

   Exception: Screening shall not be required for any portion of the lot adjacent to an existing wall located at the lot line.

406.9.7.3 Illumination.

Open parking lots operating between 6 p.m. and 6 a.m. shall be adequately illuminated to a minimum of 1 footcandle measured at grade level, distributed over the entire area. Illumination provided with reflectors or floodlights shall be arranged such that the illumination is directed downward and away from adjacent premises.

406.9.7.4 Fire fighter aisles.

In any open parking lot, one or more aisles, at least 24 inches (610 mm) in width, shall be provided to permit access by fire-fighting personnel to all parts of the garage or lot. There shall not be more than three rows of parked motor vehicles between aisles.

406.9.8 Electric vehicle charging stations.

Editor's note: this section has been amended by L.L. 2024/055, 4/6/2024, eff. 12/21/2025. For related unconsolidated provisions, see Appendix A at L.L. 2024/055.

Open parking lots shall be capable of supporting electric vehicle charging stations in accordance with this section. A minimum of 20 percent of the parking spaces in an open parking lot shall be equipped with electrical raceway capable of providing a minimum supply of 11.5kVA to an electrical vehicle supply equipment (EVSE) from an electrical supply panel. The raceway shall be no smaller than 1 inch (25 mm). The electrical supply panel serving such parking spaces must have at least 3.1 kW of available capacity for each stall connected to it with raceway. Such raceway and all components and work appurtenant thereto shall be in accordance with the New York City Electrical Code.

   Exceptions:

      1.   The provisions of this section shall not apply to open parking lots for buildings of Occupancy Group M (Mercantile).

      2.   The commissioner may waive compliance with this section if the commissioner determines that the open parking lot is a temporary facility that will be in service no longer than 3 years.

      3.   The provisions of this section shall not apply to open parking lots for buildings in which not less than fifty percent of the residential units are for households earning up to sixty percent of the area median income as determined by the United States Department of Housing and Urban Development.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/130.