Chapter 2 - Use Regulations

The City of New York
Eric Adams, Mayor
City Planning Commission
Daniel R. Garodnick, Chair

In order to carry out the purposes and provisions of this Resolution, the uses of buildings or other structures and the open uses of zoning lots, or portions thereof, have been classified and combined into Use Groups. A brief statement is inserted at the start of each Use Group to describe and clarify the basic characteristics of that Use Group. Use Groups 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16, including each use listed separately therein, are permitted in Commercial Districts as indicated in Sections 32-11 through 32-25, except that any such use which is also an adult establishment shall, in addition, be subject to the provisions of Section 32-01 (Special Provisions for Adult Establishments). For the purposes of establishing permitted uses in this Resolution, references to permitted uses in the Use Groups, or any sub-categories therein, shall include all accessory uses thereto.

In Manhattan Community Districts 1, 2, 3, 4, 5 and 6, Brooklyn Community Districts 1, 2, 6 and 8, and Queens Community Districts 1 and 2, the conversion of non-residential floor area to residences shall be subject to the provisions of Article I, Chapter 5 (Residential Conversion Within Existing Buildings), unless such conversions meet the requirements for residences of Article II (Residence District Regulations).

All districts indicated in Column A shall comply with the regulations for districts indicated in Column B except as set forth in the sections indicated in Column C.

Column A

Column B

Column C

C1 and C2 in R9A

R9

32-43

C1 and C2 in R10A

R10

32-43

C1-8A

C1-8

32-43

C1-9A

C1-9

32-43

C2-7A

C2-7

32-43

C2-8A

C2-8

32-43

C4-6A

C4-6

32-43

C4-7A

C4-7

32-43

C6-1A

C6-1

32-15  32-16  32-17  32-20  32-644

In a C8 District, any use listed in Use Group 11A or 16 that involves the production, processing, cleaning, servicing, testing or repair of products, goods or materials shall conform to the performance standards for M1 Districts as set forth in Sections 42-20 and 42-28 inclusive, relating to Performance Standards.

In C5 and C6 Districts in Manhattan Community Districts 1, 2, 3, 4, 5 and 6, all existing lawful uses in Use Groups 17B or E in existing enclosed buildings erected prior to December 15, 1961, shall be considered conforming and shall conform to the performance standards for M1 Districts as set forth in Sections 42-20 and 42-28, inclusive, relating to Performance Standards. Such uses may be extended within buildings or into abutting buildings on the same zoning lot.

Whenever a use is specifically listed in a Use Group and also could be construed to be incorporated within a more inclusive use listing, either in the same or another Use Group, the more specific listing shall control.

The letters A, B, B1, C, D, E, F, G or H in the Parking Requirement Category following a use listed in Sections 32-14 to 32-25, inclusive, refer to the classification of commercial uses to determine required accessory off-street parking spaces as set forth in the table in Section 36-21 (General Provisions).

The uses listed in the various Use Groups set forth in Sections 32-11 to 32-25, inclusive, are also listed in alphabetical order in the Index at the end of this Resolution, for the convenience of those using the Resolution. Whenever there is any difference in meaning or implication between the text of these Use Groups and the text of the Index, the text of these Use Groups shall prevail.

In the area, which as a result of zoning map change 840260 ZMM is zoned C6-2A, existing lawful meat markets listed in Use Group 17A, in existing enclosed buildings erected prior to December 15, 1961, shall be a conforming use.

Special regulations applying in the waterfront area are set forth in Article VI, Chapter 2.

Special regulations applying in the flood zone are set forth in Article VI, Chapter 4.

The following chart sets forth the Use Groups permitted in the various Commercial Districts.

USE GROUPS PERMITTED IN COMMERCIAL DISTRICTS

Districts

Use Groups

Residential

Community Facility

Retail and Commercial

Gen. Ser-vice

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

Local Retail C1

X

X

X

X

X

X

Local Service C2

X

X

X

X

X

X

X

X

X

X

Waterfront Recreation C3

X

X

X

X

X

General Commercial C4

X

X

X

X

X

X

X

X

X

X

Restricted Central Commercial C5

X

X

X

X

X

X

X

X

X

General Central Commercial C6

X

X

X

X

X

X

X

X

X

X

X

X

Commercial Amusement C7

X

X

X

X

General Service C8

X

X

X

X

X

X

X

X

X

X

X

X

In addition to the applicable regulations for the uses listed in a permitted Use Group, adult establishments shall be subject to the following provisions:

(a)        Adult establishments are not permitted in C1, C2, C3, C4, C5, C6-1, C6-2 or C6-3 Districts.

(b)        In C6-4, C6-5, C6-6, C6-7, C6-8, C6-9, C7 or C8 Districts, no adult establishment shall be established less than 500 feet from a house of worship, a school, a Residence District, a C1, C2, C3, C4, C5-1, C6-1, C6-2 or C6-3 District, or a Manufacturing District, other than an M1-6M District, in which new residences or new joint living-work quarters for artists are allowed as-of-right or by special permit or authorization. No provisions or findings of such special permit or authorization which require an assessment of the impact of new residences or new joint living-work quarters for artists on commercial or manufacturing uses within a Manufacturing District shall be construed as a limitation on the scope of this provision. However, on or after October 25, 1995, an adult establishment that otherwise complies with the provisions of this paragraph shall not be rendered non-conforming if a house of worship or a school is established on or after April 10, 1995, within 500 feet of such adult establishment.

(c)        In C6-4, C6-5, C6-6, C6-7, C6-8, C6-9, C7 or C8 Districts, no adult establishment shall be established less than 500 feet from a previously established adult establishment.

(d)        In C6-4, C6-5, C6-6, C6-7, C6-8, C6-9, C7 or C8 Districts, no more than one adult establishment permitted under this Section shall be established on a zoning lot.

(e)        In C6-4, C6-5, C6-6, C6-7, C6-8, C6-9, C7 or C8 Districts, adult establishments shall not exceed, in total, 10,000 square feet of floor area and cellar space not used for enclosed storage or mechanical equipment.

(f)        Adult establishments which were established on October 25, 1995, and conform to all provisions of the Zoning Resolution relating to adult establishments other than the provisions of all or any combination of paragraphs (c), (d), and (e) of this Section, shall not be subject to the provisions of Section 52-77 (Termination of Adult Establishments).

For purposes of this Section, an adult establishment shall be established upon the date of a permit issued by the Department of Buildings therefor, or, in the case of an adult establishment in existence prior to August 8, 2001, as determined by the Department of Buildings, subject to rules as the Department of Buildings may prescribe regarding the failure to perform work authorized under a permit or to commence operation pursuant to a permit and the discontinuance of an adult establishment.

Transient hotels, as listed in Section 32-14 (Use Group 5), and motels, tourist cabins or boatels, as listed in Section 32-16 (Use Group 7A), shall be subject to the special provisions of this Section. For the purposes of this Section, transient hotels shall include motels, tourist cabins and boatels.

In all Districts, transient hotels shall be permitted only as set forth in this Section.

(a)        Applicability

 

A special permit for transient hotels, by the City Planning Commission, pursuant to Section 74-802 (Transient hotels within Commercial Districts) shall be applicable to:

 

(1)        the development of a transient hotel;

 

(2)        a change of use or conversion to a transient hotel, or an enlargement, containing a transient hotel, of a building that, as of December 9, 2021, did not contain such use; or

 

(3)        an enlargement or extension of a transient hotel that existed prior to December 9, 2021, that increases the floor area of such use by 20 percent or more.

 

(b)        Exclusions

 

Notwithstanding the above, the provisions of this Section shall not apply to the following:

 

(1)        a transient hotel operated exclusively for the public purpose of temporary housing assistance by the City or State of New York, or operated by a non-governmental entity pursuant to an active contract or other written agreement with an agency of the City or State specifying such public purpose;

 

(2)        where an application for a project containing a transient hotel, including an application for an extension of time to complete construction, has been filed at the Board of Standards and Appeals before December 9, 2021 and such application has been approved after January 1, 2018, provided that:

 

(i)        such transient hotel was considered in such application, as evidenced by its description or assessment at a specified location in an application or in environmental review documents; and

 

(ii)        in the event that a temporary or final certificate of occupancy has not been issued by December 9, 2027, 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 pursuant to the applicable provisions of Section 11-332 (Extension of period to complete construction); or

 

(3)        where an application for a project containing a transient hotel has been certified by the City Planning Commission before December 9, 2021, and has been approved by the Commission after January 1, 2018, provided that:

 

(i)        such transient hotel was considered in such application, as evidenced by its description or assessment at a specified location in a land use application or in environmental review documents; and

 

(ii)        in the event that a temporary or final certificate of occupancy has not been issued by December 9, 2027, 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 pursuant to the applicable provisions of Section 11-332. For such applications where a special permit for a transient hotel has been certified by the Commission pursuant to a Special Purpose District, such application may continue pursuant to the regulations and term of years proposed or in effect at the time such special permit was certified by the Commission.

 

(c)        Existing hotels

 

(1)        Any transient hotel existing on December 9, 2021, shall be considered a conforming use and may be continued, structurally altered, extended or enlarged subject to the limitations set forth in this Section and subject to the applicable bulk regulations. However, if for a continuous period of two years such transient hotel is discontinued, the space allocated to such transient hotel shall thereafter be used only for a conforming use other than a transient hotel, or may be utilized for a transient hotel only if the Commission grants a special permit for such use in accordance with the provisions of Section 74-802 or other applicable section of this Resolution.

 

(2)        The provisions of paragraph (c)(1) of this Section shall be modified up to December 9, 2027, to allow a transient hotel existing on December 9, 2021, to be restored to such use regardless of more than two years of discontinuance of the use, and regardless of any change of use between December 9, 2021, and December 9, 2027.

 

(3)        In  the event a casualty damages or destroys a transient hotel that was in such use as of December 9, 2021, such building may be reconstructed and used as a transient hotel without obtaining a special permit. A non-complying building may be reconstructed pursuant to Section 54-40 (DAMAGE OR DESTRUCTION IN NON-COMPLYING BUILDINGS).

 

(d)        Vesting regulations

 

The provisions of Section 11-30 (BUILDING PERMITS ISSUED BEFORE EFFECTIVE DATE OF AMENDMENT) regarding the right to continue construction shall apply. As an alternative, the following provisions shall apply.

 

(1)        If, on or before May 12, 2021, an application for a development, enlargement or conversion to a transient hotel has been filed with the Department of Buildings, and if, on or before December 9, 2022, 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 transient hotel, such application may be continued, and construction may be started or continued.

 

(2)        However, in the case of an application for a development, enlargement or conversion to a transient hotel that has been filed with the Department of Buildings prior to January 1, 2018, and has not received a permit contingent on zoning approval on or before December 9, 2022, the provisions of paragraph (d)(1) of this Section shall not apply. In lieu thereof, the provisions of this paragraph shall apply. For such applications, if, on or before December 9, 2022 a permit contingent on zoning approval was lawfully issued by the Department of Buildings, such construction may be started or continued.

 

(3)        In the case of an application filed after December 9, 2021, for a development containing a transient hotel on a zoning lot located in the Theater Subdistrict of the Special Midtown District that as of December 9, 2021, has a lot area of 20,000 square feet or more; and for which at least 10,000 square feet of such lot area is clear of buildings or is occupied by buildings which are substantially vacant, or any combination thereof, the provisions of paragraph (d)(1) of this Section shall not apply. In lieu thereof, if on or before December 9, 2023, the Department of Buildings has approved an application for a foundation or a new building, based on a complete zoning analysis showing zoning compliance for such transient hotel, such application may be continued, and construction may be started or continued. For the purposes of this paragraph, “substantially vacant” shall mean that at least 90 percent of the floor area of a building is unoccupied.

 

All such applications may be revised and retain vested status, provided that the floor area for the transient hotel is not increased by more than 20 percent of the final approved application, or for a proposed enlargement, by more than 20 percent of the proposed new floor area of the final approved application.

 

In the event that a temporary or final certificate of occupancy has not been issued by December 9, 2027, the building permit shall automatically lapse and the right to continue construction shall terminate, provided that in the case of a development containing a transient hotel on a zoning lot that has a lot area of 20,000 square feet or more and is located in the Theater Subdistrict of the Special Midtown District, having vested status under the provisions of paragraph (d)(1) or (d)(3) of this Section, such period for issuance of a temporary or final certificate of occupancy shall be until December 9, 2031. 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 pursuant to the applicable provisions of Section 11-332 (Extension of period to complete construction).

C1 C2 C3 C4 C5 C6

Use Groups 1 and 2, as set forth in Sections 22-11 and 22-12. However, in C3A Districts, Use Group 2 shall be limited to single- or two-family detached or zero lot line residences.

In lower density growth management areas in the Borough of Staten Island, except C3A Districts, Use Groups 1 and 2 shall be permitted only within mixed buildings. However, no residences shall be allowed on the following zoning lots, except by special permit pursuant to Section 74-49 (Residential Use in C4-1 Districts in Staten Island):

(a)        any zoning lot in a C4-1 District, where such district occupies at least four acres within a block; or

(b)        any other zoning lot in a C4-1 District, where such zoning lot had a lot area greater than 20,000 square feet on December 21, 2005, or on any subsequent date.

32-14

Use Group 5

C1* C2** C4 C5 C6 C8

Use Group 5 consists of hotels used primarily for transient occupancy.

A. Transient Accommodations

Hotels, transient*** [PRC-H]

B. Accessory uses

*        In a C1-1, C1-2, C1-3 or C1-4 District, a transient hotel shall not be permitted

**        In a C2-1, C2-2, C2-3 or C2-4 District, each transient hotel shall be located on a zoning lot in whole or in part within a 1,000-foot radius of the entrance or exit of a limited-access expressway, freeway, parkway, or highway, all of which prohibit direct vehicular access to abutting land and provide complete separation of conflicting traffic flows, measured from the centerline of the entrance or exit ramp at its intersection with the nearest adjacent street

***        Subject to the provisions of Section 32-02 (Special Provisions for Hotels)

32-15

Use Group 6

C1 C2 C4 C5 C6 C8

Use Group 6 consists primarily of retail stores and personal service establishments which:

(1)        provide for a wide variety of local consumer needs; and

(2)        have a small service area and are, therefore, distributed widely throughout the City.

Public service establishments serving small areas are also included. Retail and service establishments are listed in two subgroups, both of which are permitted in all C1 Districts.

The uses listed in subgroup A are also permitted within a large-scale residential development to provide daily convenience shopping for its residents.

A. Convenience Retail or Service Establishments

Bakeries, provided that floor area used for production shall be limited to 750 square feet per establishment [PRC-B]

Barber shops [PRC-B]

Beauty parlors [PRC-B]

Drug stores [PRC-B]

Dry cleaning or clothes pressing establishments or receiving stations dealing directly with ultimate consumers, limited to 2,000 square feet of floor area per establishment, and provided that only solvents with a flash point of not less than 138.2 degrees Fahrenheit shall be used, and total aggregate dry load capacity of machines shall not exceed 60 pounds [PRC-B]

Eating or drinking establishments, including those which provide outdoor table service or have music for which there is no cover charge and no specified showtime, and those which have accessory drive-through facilities2 [PRC-B]

Food stores, including supermarkets, grocery stores, meat markets, or delicatessen stores [PRC-Either A or B3]

Hardware stores [PRC-B]

Laundry establishments, hand or automatic self-service [PRC-B1]

Liquor stores, package [PRC-B]

Post offices [PRC-H]

Shoe or hat repair shops [PRC-B]

Stationery stores [PRC-B]

Tailor or dressmaking shops, custom [PRC-B]

Variety stores, limited to 10,000 square feet of floor area per establishment [PRC-B]

B. Offices

Offices, business, professional including ambulatory diagnostic or treatment health care, or governmental [PRC-B1]

Veterinary medicine for small animals, provided all activities are conducted within a completely enclosed building; where such building contains a residential use, no access shall be from an entrance serving the residential portion [PRC-B1]

C. Retail or Service Establishments

Antique stores [PRC-B]

Art galleries, commercial [PRC-B]

Artists' supply stores [PRC-B]

Automobile supply stores, with no installation or repair services [PRC-B]

Banks, including drive-in banks [PRC-B]

Bicycle sales [PRC-B]

Book stores [PRC-B]

Candy or ice cream stores [PRC-B]

Carpet, rug, linoleum or other floor covering stores, limited to 10,000 square feet of floor area per establishment [PRC-B1]

Cigar or tobacco stores [PRC-B]

Clothing or clothing accessory stores, limited to 10,000 square feet of floor area per establishment [PRC-B]

Clothing rental establishments, limited to 10,000 square feet of floor area per establishment [PRC-B]

Docks for ferries, other than gambling vessels, limited to an aggregate operational passenger load, per zoning lot, of 150 passengers per half hour. In Community District 1 in the Borough of Brooklyn, docks for ferries with a vessel capacity of up to 399 passengers shall be allowed, provided that such docks are certified by the Chairperson of the City Planning Commission pursuant to Section 62-813 (Docking facilities for ferries or water taxis in certain waterfront areas). The maximum dock capacity is the U. S. Coast Guard-certified capacity of the largest vessel using the dock [PRC-H]

Docks for water taxis, with a vessel capacity of up to 99 passengers. In Community District 1 in the Borough of Brooklyn, such docks shall be certified by the Chairperson of the City Planning Commission pursuant to Section 62-813 (Docking facilities for ferries or water taxis in certain waterfront areas). The maximum dock capacity is the U. S. Coast Guard-certified capacity of the largest vessel using the dock

Docks or mooring facilities for non-commercial pleasure boats [PRC-H]

Dry goods or fabrics stores, limited to 10,000 square feet of floor area per establishment [PRC-B]

Eating or drinking establishments with entertainment, but not dancing, with a capacity of 200 persons or fewer4 [PRC-B]

Eating or drinking establishments with musical entertainment but not dancing, with a capacity of 200 persons or fewer [PRC-B]

Electrolysis studios [PRC-B]

Fishing tackle or equipment, rental or sales [PRC-B1]

Florist shops [PRC-B]

Frozen food lockers1 [PRC-B]

Furniture stores, limited to 10,000 square feet of floor area per establishment [PRC-B1]

Furrier shops, custom [PRC-B]

Gift shops [PRC-B]

Health and fitness establishments, open or enclosed, limited to 10,000 square feet of floor area per establishment [PRC-B]

Interior decorating establishments, provided that floor area used for processing, servicing or repairs shall be limited to 750 square feet per establishment [PRC-B]

Jewelry or art metal craft shops [PRC-B]

Leather goods or luggage stores [PRC-B]

Loan offices1 [PRC-B1]

Locksmith shops1 [PRC-B]

Medical or orthopedic appliance stores [PRC-B]

Meeting halls1 [PRC-D]

Millinery shops [PRC-B]

Music stores [PRC-B]

Newsstands, open or enclosed [PRC-B]

Optician or optometrist establishments [PRC-B]

Paint stores [PRC-B]

Pet shops [PRC-B]

Photographic equipment or supply stores [PRC-B]

Photographic studios [PRC-B]

Picture framing shops [PRC-B]

Record stores [PRC-B]

Seed or garden supply stores [PRC-B]

Sewing machine stores, selling household machines only [PRC-B]

Shoe stores [PRC-B]

Sporting or athletic stores [PRC-B]

Stamp or coin stores [PRC-B]

Telegraph offices [PRC-B]

Television, radio, phonograph or household appliance stores, limited to 10,000 square feet of floor area per establishment [PRC-B]

Toy stores [PRC-B]

Travel bureaus [PRC-B]

Typewriter stores [PRC-B]

Wallpaper stores [PRC-B]

Watch or clock stores or repair shops [PRC-B]

D. Public Service Establishments5

Court houses [PRC-C]

Electric or gas utility substations, open or enclosed, limited in each case to a site of not more than 10,000 square feet1

Fire or police stations [PRC-C]

Public utility stations for oil or gas metering or regulating1

Telephone exchanges or other communications equipment structures. In all districts the height above curb level of such structures not existing on December 15, 1961, shall not exceed that attributable to commercial buildings of equivalent lot coverage, having an average floor to floor height of 14 feet above the lobby floor which may be as much as 25 feet in height. For the purpose of making this height computation, the gross area of all floors of the building including accessory mechanical equipment space except the cellar shall be included as floor area. Such height computation for the structure shall not preclude the ability to utilize unused floor area anywhere on the zoning lot or by special permit, subject to the normal provisions of the Resolution.

Terminal facilities at river crossings for access to electric, gas, or steam lines1

Water or sewage pumping stations1

E. Clubs

Non-commercial clubs, without restrictions on activities or facilities [PRC-D]

F. Special infrastructure

Electric vehicle charging and battery swapping, open or enclosed

Energy infrastructure equipment, open or enclosed, with no size limitations, and subject to the provisions of Section 37-20 (SPECIAL SCREENING AND ENCLOSURE PROVISIONS)

Public bicycle and micromobility parking, open or enclosed

Recycling, or organic material, receiving, limited to 5,000 square feet per establishment

G. Accessory uses

 

1        In C5 Districts, a use in Use Group 6, marked with an asterisk, shall not be located on the ground floor of a building unless such use is at least 50 feet from the street wall of the building in which it is located, as provided in Section 32-423 (Limitation on ground floor location)

2        Eating or drinking places with accessory drive-through facilities shall be permitted in C1 Districts only as provided in Section 73-243, and shall not be permitted in C5 Districts

3        Food stores with 2,000 square feet or more of floor area per establishment are classified in parking requirement category A and food stores with less than 2,000 square feet of floor area are classified in parking requirement category B, pursuant to Section 36-21 (General Provisions)

4        Permitted in C1-1, C1-2, C1-3, C1-4, C2-1, C2-2, C2-3, C2-4, C3 and C5 Districts, only as provided in Section 73-241

5        In a C6-1A District, uses in Use Group 6D are not permitted

 

32-16

Use Group 7

C2 C6* C8

Use Group 7 consists primarily of home maintenance or repair services which:

(1)        fulfill recurrent needs of residents in nearby areas;

(2)        have a relatively small service area and are, therefore, widely distributed throughout the City; and

(3)        are incompatible in primary retail districts since they break the continuity of retail frontage.

A. Transient Accommodations

Motels, tourist cabins or boatels** [PRC-H]

In C2 Districts, each motel or tourist cabin shall be located on a zoning lot in whole or in part within a 1,000 foot radius of the entrance or exit of a limited-access expressway, freeway, parkway or highway, all of which prohibit direct vehicular access to abutting land and provide complete separation of conflicting traffic flows, measured from the centerline of the entrance or exit ramp at its intersection with the nearest adjacent street

B. Retail or Service Establishments

Bicycle rental or repair shops [PRC-B1]

Electrical, glazing, heating, painting, paper hanging, plumbing, roofing or ventilating contractors' establishments, limited to 2,500 square feet of floor area per establishment [PRC-B1]

Exterminators [PRC-B1]

Funeral establishments [PRC-H]

Gun repairs [PRC-B1]

Monument sales establishments, with incidental processing to order, but not including the shaping of headstones [PRC-C]

Moving or storage offices, with storage limited to items for retail sale and to 1,500 square feet of floor area per establishment [PRC-B1]

Refreshment stands, drive-in [PRC-H]

Sailmaking establishments [PRC-C]

Sign painting shops, limited to 2,500 square feet of floor area per establishment [PRC-B1]

Taxidermist shops [PRC-B1]

Trade embalmers [PRC-B1]

Venetian blind, window shade or awning shops, custom, limited to 2,500 square feet of floor area per establishment [PRC-B1]

Window cleaning contractors' establishments, including floor waxing and other similar building maintenance services [PRC-B1]

C. Wholesale Establishments

Wholesale establishments, with not more than 1,500 square feet of accessory storage per establishment [PRC-B1]

D. Auto Service Establishments

Automobile glass and mirror shops [PRC-B1]

Automobile seat cover or convertible top establishments, selling or installation [PRC-B1]

Tire sales establishments, including installation services [PRC-B1]

E. Accessory uses

*        In a C6-1A District, uses in Use Group 7 are not permitted

**        Subject to the provisions of Section 32-02 (Special Provisions for Hotels)

32-17

Use Group 8

C2 C4 C6 C8

Use Group 8 consists primarily of amusement or service establishments which:

(1)        are appropriate in local service districts to serve nearby residential areas; or

(2)        depend on a wide service radius and may appropriately be located in secondary or major commercial centers.

Since these establishments are generally patronized by customers for special purposes not associated with retail shopping, they are appropriate neither in local shopping areas nor in the restricted central commercial areas.

A. Amusements

*Billiard parlors or pool halls [PRC-D]

*Bowling alleys, limited to not more than 16 lanes per establishment [PRC-D]

Model car hobby center, including racing, limited to not more than 8,000 square feet of floor area per establishment [PRC-D]

Theaters [PRC-D]

In C2-5, C2-6, C2-7, C2-8, C4-5, C4-6, C4-7, C6 and C8-4 Districts, in order to prevent obstruction of street areas, a new motion picture theater, in a new or existing building, shall provide a minimum of four square feet of waiting area within the zoning lot for each seat in such theater. The required waiting space shall be either in an enclosed lobby or open area that is covered or protected during inclement weather and shall not include space occupied by stairs or space within 10 feet of a refreshment stand or of an entrance to a public toilet. Such requirements shall not apply to any additional motion picture theater created by the subdivision of an existing motion picture theater.

B. Retail or Service Establishments

*Automobile driving schools [PRC-B]

Ice vending machines, coin-operated, including those machines that are self-contained, dealing directly with the ultimate consumer. Such self-contained machines shall be limited to 1,600 pounds capacity solely for the use of such self-contained machines

Lumber stores, limited to 5,000 square feet of floor area per establishment exclusive of that floor area used for office and display area, and provided that not more than 400 square feet of floor area shall be used for cutting of lumber to size [PRC-B1]

*Pawn shops [PRC-B1]

Television, radio, phonograph or household appliance repair shops [PRC-B]

*Upholstering shops dealing directly with consumers [PRC-B1]

C. Automotive Service Establishments

Automobile rental establishments, except that in the Long Island City area, as defined in Section 16-02 (Definitions), the number of automobiles that may be stored in such establishments in C2, C4 or C6 Districts shall not exceed 100 spaces and the maximum size in square feet of such storage area shall not exceed 200 times the number of parking spaces provided, exclusive of entrance/exit ramps

Public parking garages or public parking lots with a capacity of 150 spaces or less, provided that such public parking lots are not permitted as of right in C6-1A Districts and such public parking garages are not permitted as of right in C2-5, C2-6, C2-7, C2-8, C4-5, C4-5A, C4-5X, C4-6, C4-7, C6, C8-4, M1-4, M1-5, M1-6, M2-3, M2-4 or M3-2 Districts. Public parking garages may be open or enclosed, provided that no portion of such use shall be located on a roof other than a roof which is immediately above a cellar or basement.

Public parking garages or public parking lots shall be subject to select provisions set forth in Article III, Chapter 6. In the Manhattan Core, these uses are subject to the provisions of Article I, Chapter 3, and in the Long Island City area, as defined in Section 16-02 (Definitions), such uses are subject to the provisions of Article I, Chapter 6.

D. Public Service Establishments

Prisons [PRC-H]

E. Accessory uses

*        In a C4 District, a use in Use Group 8, marked with an asterisk shall not be located on the ground floor of a building unless such use is at least 50 feet from the street wall of the building in which it is located, as provided in Section 32-423 (Limitation on ground floor location)

32-18

Use Group 9

C2 C4 C5 C6 C8

Use Group 9 consists primarily of business and other services which:

(1)        serve a large area and are, therefore, appropriate in secondary, major or central commercial shopping areas, and

(2)        are also appropriate in local service districts, since these are typically located on the periphery of major or secondary centers.

A. Retail or Service Establishments

Automobile, motorcycle, trailer or boat showrooms or sales, with no repair services and with no preparation of vehicles or boats for delivery [PRC-C]

*Banquet halls [PRC-D]

*Blueprinting or photostatting establishments [PRC-B1]

*Business schools or colleges [PRC-B1]

*Catering establishments [PRC-B1]

*Clothing or costume rental establishments [PRC-B]

Docks for sightseeing, excursion or sport fishing vessels, other than gambling vessels, limited to the following aggregate dock capacities per zoning lot:

200 in C2 Districts; 500 in C4-1, C4-2, C4-3, C4-4, C8-1, C8-2, C8-3 Districts; 2,500 in C4-4A, C4-5, C4-6, C4-7, C5, C6, C8-4 Districts.

"Dock capacity" is the U.S. Coast Guard-certified capacity of the largest vessel using a dock. "Aggregate dock capacity" is the sum of the dock capacities of all docks on the zoning lot [PRC-H]

**Health and fitness establishments, open or enclosed, with no limitation on floor area per establishment [PRC-B]

*Medical or dental laboratories for research or testing, or the custom manufacture of artificial teeth, dentures or plates, not involving any danger of fire or explosion nor offensive noise, vibration, smoke or other particulate matter, odorous matter, heat, humidity, glare or other objectionable effects [PRC-B1]

*Musical instrument repair shops [PRC-B1]

Plumbing, heating or ventilating equipment showrooms, without repair facilities [PRC-B1]

*Printing establishments, limited to 2,500 square feet of floor area per establishment for production [PRC-B1]

Public auction rooms [PRC-D]

*Studios, art, music, dancing or theatrical [PRC-B]

*Trade, or other schools for adults, not involving any danger of fire or explosion nor of offensive noise, vibration, smoke or particulate matter, dust, odorous matter, heat, humidity, glare or other objectionable effects [PRC-B1]

*Typewriter or other small business machine sales, rental or repairs [PRC-B1]

*Umbrella repair shops [PRC-B]

*Wedding chapels [PRC-D]

B. Wholesale Establishments

Hair products for headwear, wholesaling including styling [PRC-B1]

Photographic developing or photographic printing establishments, limited to 2,500 square feet of floor area per establishment except that such floor area limitation shall not apply in C6 Districts provided such use conforms to the performance standards for M1 Districts and to the applicable regulations of Chapter 19 (Fire Prevention Code) of the Administrative Code [PRC-B1]

C. Accessory uses

*        In C4 or C5 Districts, a use in Use Group 9, marked with an asterisk, shall not be located on the ground floor of a building unless such use is at least 50 feet from the street wall of the building in which it is located, as provided in Section 32-423 (Limitation on ground floor location)

**        In C1-8 and C1-9 Districts, and in C1 Districts mapped within an R9 or an R10 District, uses marked with two asterisks shall be allowed as-of-right

32-19

Use Group 10

C4 C5 C6 C8

Use Group 10 consists primarily of large retail establishments (such as department stores) that:

(1)        serve a wide area, ranging from a community to the whole metropolitan area, and are, therefore, appropriate in secondary, major or central shopping areas; and

(2)        are not appropriate in local shopping or local service areas because of the generation of considerable pedestrian, automobile or truck traffic.

A. Retail or Service Establishments

Carpet, rug, linoleum or other floor covering stores, with no limitation on floor area per establishment [PRC-B1]

Clothing or clothing accessory stores, with no limitation on floor area per establishment [PRC-B]

Department stores [PRC-B]

Depositories for storage of office records, microfilm or computer tapes, or for data processing [PRC-G]

Docks for ferries, other than gambling vessels, with no restriction on passenger load. In Community District 1 in the Borough of Brooklyn, such docks shall be certified by the Chairperson of the City Planning Commission, pursuant to Section 62-813 (Docking facilities for ferries or water taxis in certain waterfront areas) [PRC-H]

Dry goods or fabric stores, with no limitation on floor area per establishment [PRC-B]

Eating or drinking places, without restrictions on entertainment or dancing, but limited to location in hotels [PRC-D]

Furniture stores, with no limitation on floor area per establishment [PRC-B1]

Office or business machine stores, sales or rental [PRC-B1]

Photographic or motion picture production studios [PRC-D]

Radio or television studios [PRC-D]

Television, radio, phonograph or household appliance stores, with no limitation on floor area per establishment [PRC-B]

Variety stores, with no limitation on floor area per establishment [PRC-B]

B. Wholesale Establishments

Wholesale offices or showrooms, with storage restricted to samples [PRC-B1]

C. Accessory uses

32-20

Use Group 11

C5 C6** C8

Use Group 11 consists of a few types of essentially custom manufacturing activities that:

(1)        benefit from a central location and are appropriate in the central business district;

(2)        generally do not create any significant objectionable influences; and

(3)        involve products characterized by a high ratio of value to bulk, so that truck traffic is kept to a minimum.

A. Manufacturing Establishments

*Art needlework, hand weaving or tapestries [PRC-F]

*Books, handbinding or tooling [PRC-F]

*Ceramic products, custom manufacturing [PRC-F]

*Clothing, custom manufacturing or altering for retail [PRC-F]

*Hair products, custom manufacturing [PRC-F]

*Jewelry manufacturing from precious metals [PRC-F]

*Medical, dental, drafting instruments, optical goods, or similar precision instruments [PRC-F]

*Musical instruments, except pianos and organs [PRC-F]

*Orthopedic or medical appliances, custom manufacturing [PRC-F]

*Printing, custom, limited to 2,500 square feet of floor area per establishment for production, provided that such floor area limitation shall not apply in C6 Districts [PRC-F]

*Watchmaking [PRC-F]

B. Wholesale or Similar Establishments

*Ship chandlers [PRC-F]

*Wholesale establishments, with accessory storage limited to 2,500 square feet of floor area per establishment [PRC-B1]

C. Accessory uses

*        In a C5 District, a use in Use Group 11, marked with an asterisk, shall not be located on the ground floor of a building unless such use is at least 50 feet from the street wall of the building in which it is located, as provided in Section 32-423 (Limitation on ground floor location)

**        In a C6-1A District, uses in Use Group 11 are not permitted

32-21

Use Group 12

C4 C6 C7 C8

Use Group 12 consists primarily of fairly large entertainment facilities that:

(1)        have a wide service area and generate considerable pedestrian, automotive or truck traffic; and

(2)        are, therefore, appropriate only in secondary, major or central commercial areas.

Certain public service establishments are also included.

A. Amusements

Arenas or auditoriums, with capacity limited to 2,500 seats [PRC-D]

*Billiard parlor or pool halls [PRC-D]

*Bowling alleys or table tennis halls, with no limitation on number of bowling lanes per establishment [PRC-D]

**Eating or drinking establishments with entertainment and a capacity of more than 200 persons, or establishments of any capacity with dancing [PRC-D]

In C4 Districts, a minimum of four square feet of waiting area within the zoning lot shall be provided for each person permitted under the occupant capacity as determined by the New York City Building Code. The required waiting area shall be in an enclosed lobby and shall not include space occupied by stairs, corridors or restrooms. In C4 Districts, such establishment shall be a minimum of 100 feet from a Residence District boundary, except that within 100 feet from a Residence District boundary, such establishment is permitted only by special permit pursuant to Section 73-244.

In C6-1, C6-2, C6-3 and C6-4 Districts, a minimum of four square feet of waiting area within the zoning lot shall be provided for each person permitted under the occupant capacity as determined by the New York City Building Code. The required waiting area shall be in an enclosed lobby and shall not include space occupied by stairs, corridors or restrooms. In these districts, the entrance to such use shall be a minimum of 100 feet from the nearest Residential District boundary.

Historical exhibits, provided such use is contained within a completely enclosed building [PRC-D]

Indoor golf recreation centers [PRC-D]

Model car hobby center, including racing, with no limitation on floor area per establishment [PRC-D]

Public auction rooms [PRC-D]

Skating rinks, enclosed [PRC-D]

Stadiums, with capacity limited to 2,500 seats [PRC-D]

Trade expositions, with rated capacity for not more than 2,500 persons, as determined by the Commissioner of Buildings [PRC-D]

B. Retail Establishments

Antique stores [PRC-B]

Art gallery, commercial [PRC-B]

Book stores [PRC-B]

Candy or ice cream stores [PRC-B]

Cigar and tobacco stores [PRC-B]

Delicatessen stores [PRC-B]

Drug stores [PRC-B]

Gift shops [PRC-B]

Jewelry or art metal craft shops [PRC-B]

Music stores [PRC-B]

Newsstands [PRC-B]

Photographic equipment stores [PRC-B]

Record stores [PRC-B]

Stationery stores [PRC-B]

Toy stores [PRC-B]

C. Public Service Establishments

Police stations [PRC-C]

Water or sewage pumping stations

D. Automotive Service Establishments

Public parking garages or public parking lots with capacity of 150 spaces or less, subject to the provisions set forth for accessory off-street parking spaces in Sections 36-53 (Width of Curb Cuts and Location of Access to the Street), 36-55 (Surfacing) and 36-56 (Screening), and provided that such public parking lots are not permitted as-of-right in C7 Districts and such public parking garages are not permitted as-of-right in C4-5, C4-6, C4-7, C6, C8-4, M1-4, M1-5, M1-6, M2-3, M2-4 or M3-2 Districts. Public parking garages may be open or enclosed, provided that no portion of such use shall be located on a roof other than a roof which is immediately above a cellar or basement.

In the Manhattan Core, these uses are subject to the provisions of Article I, Chapter 3, and in the Long Island City area, as defined in Section 16-02 (Definitions), such uses are subject to the provisions of Article I, Chapter 6.

E. Accessory uses

*        In a C4 District, a use in Use Group 12, marked with an asterisk, shall not be located on the ground floor of a building unless such use is at least 50 feet from the street wall of the building in which it is located, as provided in Section 32-423 (Limitation on ground floor location)

**        In C6-4 Districts mapped within that portion of Community District 5, Manhattan, 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, eating or drinking establishments with entertainment and a capacity of more than 200 persons, or establishments of any capacity with dancing, are permitted only by special permit of the Board of Standards and Appeals in accordance with Section 73-244

32-22

Use Group 13

C7 C8

Use Group 13 consists of open or low coverage uses, mostly open amusement establishments, which either:

(1)        generate noise and traffic, particularly at night, and are therefore not appropriate in local retail or local service areas; or

(2)        attract customers for special purposes not associated with retail shopping, and are therefore not appropriate in local, secondary, major or central shopping areas.

A. Amusements, Open or Enclosed

Camps, overnight or outdoor day [PRC-H]

Children's amusement parks, provided that the total area of the zoning lot shall not exceed 10,000 square feet, and that no amusement attractions shall be located within 20 feet of a Residence District boundary [PRC-E]

Circuses, carnivals or fairs of a temporary nature [PRC-E]

Commercial beaches or swimming pools [PRC-E]

Golf driving ranges [PRC-E]

Miniature golf courses [PRC-E]

Outdoor roller skating rinks [PRC-E]

Outdoor skateboard parks, provided that the total area of the zoning lot, excluding the area used for accessory off-street parking spaces, shall not exceed two acres, and provided further that temporary enclosure of the skating runs, such as air supported structures, shall not be permitted [PRC-E]

Outdoor skating rinks [PRC-E]

Theaters [PRC-D]

B. Retail Establishments

Banquet halls [PRC-D]

Catering establishments [PRC-B1]

Refreshment stands, drive-in [PRC-H]

C. Service Establishments

Boat fuel sales, open or enclosed, without restriction as to location [PRC-C]

D. Accessory uses

32-23

Use Group 14

C2 C3 C7 C8

Use Group 14 consists of the special services and facilities required for boating and related activities.

A. Retail or Service

Bicycle rental or repair shops [PRC-B1]

 

Bicycle sales [PRC-B]

 

Boat fuel sales, open or enclosed, restricted to location within 10 feet of a boat dock berth [PRC-C]

 

Boat launching facilities for non-commercial pleasure boats

 

Boat rentals, open or enclosed [PRC-H]

 

Boat showrooms or sales, restricted to boats less than 100 feet in length, provided that such use or portion thereof may be conducted outside a completely enclosed building only if located at a distance greater than 100 feet from a Residence District boundary [PRC-C]

 

Boat storage, repair, or painting, including the incidental sale of boats, boat parts, or accessories, restricted to boats less than 100 feet in length, provided that such use or portion thereof may be conducted outside a completely enclosed building only if located at a distance greater than 100 feet from a Residence District boundary [PRC-C]

 

Candy or ice cream stores [PRC-B]

 

Docks for ferries, other than gambling vessels, limited to an aggregate operational passenger load, per zoning lot, of 150 passengers per half hour. In Community District 1 in the Borough of Brooklyn, docks for ferries with a vessel capacity of up to 399 passengers shall be allowed, provided that such docks are certified by the Chairperson of the City Planning Commission pursuant to Section 62-813 (Docking facilities for ferries or water taxis in certain waterfront areas) [PRC-H]

 

Docks for sightseeing, excursion or sport fishing vessels, other than gambling vessels, limited to the following aggregate dock capacities per zoning lot:

200 in C2, C3 Districts; 500 in C7, C8-1, C8-2, C8-3 Districts; 2,500 in C8-4 Districts.

 

"Dock capacity" is the U.S. Coast Guard-certified capacity of the largest vessel using a dock. "Aggregate dock capacity" is the sum of the dock capacities of all docks on the zoning lot.

Docks for water taxis, with a vessel capacity up to 99 passengers. In Community District 1 in the Borough of Brooklyn, such docks shall be certified by the Chairperson of the City Planning Commission pursuant to Section 62-813 (Docking facilities for ferries or water taxis in certain waterfront areas). The maximum dock capacity is the U.S. Coast Guard-certified capacity of the largest vessel using the dock

 

Docks or mooring facilities for non-commercial pleasure boats [PRC-H]

 

Fishing tackle or equipment, rental or sales [PRC-B1]

 

Health and fitness establishments, open or enclosed, limited to 10,000 square feet of floor area per establishment [PRC-B]

 

Ice vending machines, coin-operated, including those machines that are self-contained, dealing directly with the ultimate consumer. Such self-contained machines shall be limited to 1,600 pounds capacity solely for the use of such self-contained machines

 

Sailmaking establishments [PRC-C]

 

Sale or rental of sporting goods or equipment, including instruction in skiing, sailing or skin diving [PRC-B]

B. Clubs

Non-commercial clubs, without restrictions on activities or facilities [PRC-D]

C. Special infrastructure

Electric vehicle charging and battery swapping, open or enclosed

Energy infrastructure equipment, open or enclosed, with no size limitations, and subject to the provisions of Section 37-20 (SPECIAL SCREENING AND ENCLOSURE PROVISIONS)

Public bicycle and micromobility parking, open or enclosed

Recycling, or organic material, receiving, limited to 5,000 square feet per establishment

D. Accessory uses

32-24

Use Group 15

C7

Use Group 15 consists of large open commercial amusement establishments which:

(1)        generate considerable noise or traffic; and

(2)        are appropriate only in a few areas designated for open amusement parks.

A. Amusements

Amusement arcades [PRC-E]

Amusement parks, children's, with no limitation on floor area per establishment [PRC-E]

Animal exhibits [PRC-E]

Ferris wheels, roller coasters, whips, parachute jumps, merry-go-rounds or similar open midway attractions [PRC-E]

Freak shows, wax museums, dodgem scooters or similar open or enclosed midway attractions [PRC-E]

Open booths with games of skill or chance, including shooting galleries [PRC-E]

32-25

Use Group 16

C8

Use Group 16 consists of automotive and other necessary semi-industrial uses which:

(1)        are required widely throughout the city; and

(2)        involve offensive noise, vibration, smoke, dust, or other particulate matter, odorous matter, heat, humidity, glare or other objectionable influences, making such uses incompatible with residential uses and other commercial uses.

A. Retail or Service Establishments

Animal hospitals or kennels [PRC-B1]

Animal pounds or crematoriums [PRC-C]

Automobile, motorcycle, trailer or boat sales, open or enclosed [PRC-C]

Blacksmith shops [PRC-C]

Building materials sales, open or enclosed, limited to 10,000 square feet of lot area per establishment, provided that not more than 5,000 square feet of such lot area is used for open storage [PRC-B1]

Carpentry, custom woodworking or custom furniture making shops [PRC-B1]

Crematoriums, human [PRC-C]

Electrical, glazing, heating, painting, paper hanging, plumbing, roofing or ventilating contractors' establishments, open or enclosed, with open storage limited to 5,000 square feet of lot area per establishment [PRC-B1]

Fuel, ice, oil, coal or wood sales, open or enclosed, limited to 5,000 square feet of lot area per establishment [PRC-B1]

Household or office equipment or machinery repair shops, such as refrigerators, washing machines, stoves, deep freezers or air conditioning units [PRC-B1]

Machinery rental or sales establishments [PRC-B1]

Mirror silvering or glass cutting shops [PRC-B1]

Motorcycle or motor scooter rental establishments [PRC-C]

Poultry or rabbit killing establishments, for retail sale on the same zoning lot only [PRC-B1]

Riding academies, open or enclosed [PRC-C]

Sign painting shops, with no limitation on floor area per establishment [PRC-B1]

Silver plating shops, custom [PRC-B1]

Soldering or welding shops [PRC-Bl]

Stables for horses [PRC-C]

Tool, die or pattern making establishments, or similar small machine shops [PRC-B1]

Trade schools for adults [PRC-B1]

B. Automotive Service Establishments

Automobile, truck, motorcycle or trailer repairs [PRC-C]

Automobile laundries, provided that the zoning lot contains reservoir space for not less than 10 automobiles per washing lane

Automotive service stations, open or enclosed, provided that facilities for lubrication, minor repairs or washing are permitted only if located within a completely enclosed building

C. Vehicle Storage Establishments

Commercial or public utility vehicle storage, open or enclosed, including accessory motor fuel pumps [PRC-G]

Dead storage of motor vehicles

Public transit yards, open or enclosed, including accessory motor fuel pumps [PRC-G]

D. Heavy Service, Wholesale, or Storage Establishments

Carpet cleaning establishments [PRC-F]

Dry cleaning or cleaning and dyeing establishments, with no limitation on type of operation, solvents, floor area or capacity per establishment [PRC-F]

Laundries, with no limitation on type of operation [PRC-F]

Linen, towel or diaper supply establishments [PRC-F]

Moving or storage offices, with no limitation as to storage or floor area per establishment* [PRC-G]

Packing or crating establishments [PRC-G]

Photographic developing or printing with no limitation on floor area per establishment [PRC-C]

Trucking terminals or motor freight stations, limited to 20,000 square feet of lot area per establishment [PRC-G]

Warehouses* [PRC-G]

Wholesale establishments, with no limitation on accessory storage [PRC-C]

E. Accessory uses

*         In designated areas within Manufacturing Districts, as shown on the maps in APPENDIX J (Designated Areas Within Manufacturing Districts) of this Resolution, a self-service storage facility is subject to the provisions of Section 42-121 (Use Group 16D self-service storage facilities).

In the districts indicated, the following uses are permitted by special permit of the Board of Standards and Appeals, in accordance with standards set forth in Article VII, Chapter 3.

C4-1

Amusement arcades [PRC-E]

C2 C4 C6 C7

Automotive service stations, open or enclosed, with sites of not less than 7,500 square feet per establishment, and provided that facilities for lubrication, minor repairs, or washing are permitted only if located within a completely enclosed building

C1 C2 C3

Camps, overnight or outdoor day [PRC-H]

C8

Children's amusement parks, with sites of not less than 10,000 square feet nor more than 75,000 square feet per establishment [PRC-E]

C3

Commercial beaches [PRC-E]

C3

Commercial swimming pools [PRC-E]

C1-1 C1-2 C1-3 C3

Eating or drinking establishments, including those which provide outdoor table service or have music for which there is no cover charge and no specified showtime, which have accessory drive-through facilities [PRC-B]

C1-1 C1-2 C1-3 C3

Eating or drinking establishments, including those which provide musical entertainment but not dancing, with a capacity of 200 persons or less, or outdoor table service, which have accessory drive-through facilities [PRC-B]

C1-1 C1-2 C1-3 C1-4 C2-1 C2-2 C2-3 C2-4 C3 C5

Eating or drinking establishments with entertainment but not dancing, with a capacity of 200 persons or less [PRC-B]

C3

Eating or drinking establishments with musical entertainment but not dancing, with a capacity of 200 persons or less [PRC-B]

C2 C3 C4* C6-4**

Eating or drinking establishments with entertainment and a capacity of more than 200 persons or establishments of any capacity with dancing [PRC-D]

C1 C2 C3 C4 C5 C6 C7 C8

Electric utility substations, limited to a site of not less than 10,000 square feet nor more than 40,000 square feet

C1 C4

Funeral establishments [PRC-H]

C6

Newspaper publishing establishments

C1 C2 C3 C4 C5 C6 C7 C8

Public transit or railroad electric substations, limited in each case to a site of not more than 40,000 square feet

C1 C2 C3 C4 C5 C6 C7 C8

Radio or television towers, non-accessory

C2 C6 C7

Riding academies or stables [PRC-C]

C1 C2 C3 C4 C5 C6 C7 C8

Sand, gravel or clay pits

C8

Schools, provided they have no living or sleeping accommodations

C1

Theaters, limited to a maximum capacity of 500 persons [PRC-D]

*        In C4 Districts, such use is permitted within 100 feet of a Residence District boundary, only as provided in Section 73-244

**        In C6-4 Districts mapped within that portion of Community District 5, Manhattan, 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, such use is permitted only as provided in Section 73-244

In the districts indicated, the following uses are permitted by special permit of the City Planning Commission, in accordance with standards set forth in Article VII, Chapter 4, or as otherwise indicated in this Section.

C8
Amusement parks, children's, with sites of not less than 75,000 square feet nor more than 10 acres per establishment [PRC-E]

C4 C6 C7 C8
Arenas, auditoriums or stadiums with a capacity in excess of 2,500 seats [PRC-D]

C2
Automobile rental establishments, open

Bus stations:

C1 C2 C4 C6 C7 C8
With less than 10 berths

 

C4 C6
With 10 or more berths

C2 C3 C4 C5 C6 C7 C8
Docks for gambling vessels, pursuant to Section 62-838

C6
Docks for passenger ocean vessels, pursuant to Section 62-832

C7 C8
Drive-in theaters, with a maximum capacity of 500 automobiles

C3 C4 C5 C6 C7 C8
Heliports

C4 C6 C7 C8
Indoor interactive entertainment facilities with eating and drinking [PRC-D]

C1 C2
Long-term care facilities, in C1 and C2 Districts mapped within R1 and R2 Districts.

C1 C2 C3 C4 C5 C6 C7
Long-term care facilities in Community District 11 in the Borough of the Bronx, Community District 8 in the Borough of Manhattan, and Community District 1 in the Borough of Staten Island, developments of nursing homes, as defined in the New York State Public Health Law, or enlargements of existing nursing homes that increase the existing floor area by 15,000 square feet or more

However, such special permit may not be applied to developments or enlargements that are subject to the restrictions set forth in Section 22-16 (Special Regulations for Nursing Homes)

C1 C2 C3 C4 C5 C6 C7
Non-profit hospital staff dwellings, located not more than 1,500 feet from the non-profit or voluntary hospital

Public parking garages*:

C1
Limited in capacity to 100 spaces

 

C2-1 C2-2 C2-3 C2-4 C4-1 C4-2 C4-3 C4-4 C7 C8-1 C8-2 C8-3
With capacity of more than 150 spaces

 

C2-5 C2-6 C2-7 C2-8 C4-5 C4-6 C4-7 C5 C6 C7 C8-4
With any capacity

Public parking lots*:

C1
Limited in capacity to 100 spaces

 

C2 C4 C6 C7 C8
With capacity of more than 150 spaces

 

C5 C7
With any capacity

C1 C2 C3 C4 C5 C6 C7 C8
Public transit, railroad or electric utility substations, limited in each case to a site of not less than 40,000 square feet nor more than 10 acres

C8
Racetracks

C1 C2 C3 C4 C5 C6 C7 C8
Railroad passenger stations

C2-7 C6
Research and development facility, scientific, in C2-7 Districts within Community District 8 in the Borough of Manhattan, and in C6 Districts

C1 C2 C3 C4 C5 C6 C7 C8
Seaplane bases

C1 C2 C3 C4 C5 C6 C7 C8
Sewage disposal plants

C4 C6 C7 C8
Trade expositions, with a rated capacity for more than 2,500 persons [PRC-D]

C8
Trucking terminals or motor freight stations with sites in excess of 20,000 square feet per establishment [PRC-G]

C1 C2 C3 C4 C5 C6 C7 C8
Uses listed in a permitted Use Group for which railroad or transit air space is developed

*        In the Manhattan Core, these uses are subject to the provisions of Article I, Chapter 3, and in the Long Island City area, as defined in Section 16-02 (Definitions), such uses are subject to the provisions of Article I, Chapter 6.

C1 C2 C3 C4 C5 C6 C8

In the districts indicated, except as otherwise specifically provided in the Use Groups permitted in such districts and in Sections 36-11 (General Provisions) and 36-61 (Permitted Accessory Off-street Loading Berths), all permitted uses which are created by development, or which are enlarged or extended, or which result from a change of use shall be subject to the provisions of this Section with respect to enclosure within buildings. With respect to the enlargement or extension of an existing use, such provisions shall apply to the enlarged or extended portion of such use.

Accessory uses may be open or enclosed, notwithstanding any limitations on the principal use, provided that any open accessory uses are customarily found in connection with such principal use.

C1 C5 C6-5 C6-7

In the districts indicated, all such uses shall be located within completely enclosed buildings except for store fronts or store windows, associated with eating and drinking establishments, which may be opened to serve customers outside the building upon the adoption of initial rules governing the Permanent Open Restaurants program by an authorized agency following authorizing legislation by the City Council.

C2 C3 C4 C6-1 C6-2 C6-3 C6-4 C6-6 C6-8 C6-9 C8

In the districts indicated, all such uses shall be located within completely enclosed buildings or within buildings which are completely enclosed except for store fronts or store windows which may be opened to serve customers outside the building.

C1 C2 C3 C4 C5 C6

In the districts indicated, high-intensity uses, as listed in the definition of health and fitness establishments, shall be subject to the following additional enclosure and environmental conditions:

(a)  such high-intensity uses shall be located within completely enclosed buildings; and

(b)  where such high-intensity use is located in a building containing any residential, community facility, or commercial use, an acoustical engineer shall verify to the Department of Buildings prior to the issuance of a Certificate of Occupancy that such use is designed according to International Organization for Standardization (ISO) or American National Standards Institute (ANSI) standards for noise control to meet the New York City Noise Code, administered by the Department of Environmental Protection.

Such high-intensity uses shall meet the following standards for noise and vibration:

(1)  impact noise measurement shall comply with ISO 16283-2:2020, or subsequent versions; and

(2)  vibration measurement shall comply with ISO 8041:2005 or ANSI/ASA S2.71, or subsequent versions, for on-site vibration measurement and analysis.

C1 C2 C3

In the districts indicated, in any building, or portion of a building occupied on one or more of its upper stories by residential uses or by community facility uses, no commercial uses listed in Use Group 6A through 6E, 7, 8, 9,  14A or 14B shall be located above the level of the first story ceiling, provided, however, that permitted signs, other than advertising signs, accessory to such commercial uses may extend to a maximum height of two feet above the level of the finished floor of the second story, but in no event higher than six inches below the lowest window sill of the second story. In any other building, or portion thereof, not more than two stories may be occupied by commercial uses listed in Use Group 6A, 6B, 6C, 7, 8, 9, 14A or 14B.

However, in C1 or C2 Districts mapped within R9 or R10 Districts or in C1-8, C1-9, C2-7 or C2-8 Districts, non-residential uses listed in Use Group 6A through 6E, 7, 8, 9 or 14, where permitted by the applicable district regulations, may occupy the lowest two stories in any building constructed after September 17, 1970. For buildings constructed in such districts prior to September 17, 1970, located in Community District 6 in the Borough of Manhattan, such non-residential uses may occupy the lowest two stories in such building, provided that:

(a)        the Chairperson of the City Planning Commission certifies to the Commissioner of Buildings that the second story has not been occupied by a community facility use, a dwelling unit or a rooming unit, notwithstanding the certificate of occupancy, if any, for a continuous period from May 1, 2013, until a certification has been issued pursuant to this Section; and

(b)        the second story of at least one other building on the same block frontage is occupied by a use listed in such use groups.

Accessory mechanical equipment serving commercial uses listed in such use groups shall not be subject to the location restrictions of this Section.

C4 C5 C6

In the districts indicated, in any building, or portion of a building occupied by residential uses, commercial uses listed in Use Group 5, 6A through 6E, 7, 8, 9, 10, 11, 12, 13, 14, 15 or 16 may be located only on a story below the lowest story occupied in whole or in part by such dwelling units or rooming units, except that this limitation shall not preclude the location of any such commercial use below the level of the first story ceiling, or the extension of a permitted sign, other than an advertising sign, accessory to such commercial use, to a maximum height of two feet above the level of the finished floor of the second story, but in no event higher than six inches below the lowest window sill on the second story.

Accessory mechanical equipment serving commercial uses listed in such use groups shall not be subject to the location restrictions of this Section.

C4 C5

In the districts indicated, uses in the Use Groups listed in the following table and marked with asterisks in the Use Group listing shall be located only as follows and as set forth in the following table:

(a)        on a floor above or below the ground floor; or

(b)        on the ground floor, but not within 50 feet of any street wall of the building and with no show window facing on the street.

District

Use Group in Which Limitation Applies

C4

8, 9 or 12

C5

6, 9 or 11

C1-8A C1-9A C2-7A C2-8A C4-6A C4-7A

In the districts indicated, and in C1 and C2 Districts mapped within R9A and R10A Districts, uses within stories that have a floor level within five feet of curb level fronting on a wide street shall be limited to non-residential uses except for Type 1 lobbies, and entryways to subway stations provided in accordance with the applicable provisions of Section 37-33 (Maximum Width of Certain Uses).

Non-residential use shall have a depth of at least 15 feet from the street wall. Such minimum depth requirement may be reduced, however, to the minimum extent necessary, to accommodate a vertical circulation core, or structural columns associated with upper stories of the building. No more than 8,000 square feet shall be devoted to Use Group 6B within stories that have a floor level within five feet of curb level.

The provisions of Section 32-512 (For corner lots) shall not apply.

The provisions of this Section shall not apply within Community Board 7, Borough of Manhattan.

Within the boundaries of Community Board 7 in the Borough of Manhattan, when a development, enlargement or change of use is located in an R10 equivalent Commercial District, uses within stories that have a floor level within five feet of curb level fronting on a wide street shall be limited to non-residential uses, except for Type 1 lobbies, and entryways to subway stations provided in accordance with the applicable provisions of Section 37-33 (Maximum Width of Certain Uses).

C1 C2 C4

In all C1, C2 and C4 Districts in the Borough of Staten Island, ground floor uses shall conform with the provisions of this Section.

(a)        Ground floor level use requirements

(1)        Along primary street frontages

For buildings, or portions thereof, with primary street frontage, as defined in Section 37-311, uses on the ground floor level, to the minimum depth set forth in Section 37-32 (Ground Floor Depth Requirements for Certain Uses), shall be limited to non-residential uses except for Type 1 lobbies, and entrances and exits to accessory parking spaces provided in accordance with the applicable provisions of Section 37-33 (Maximum Width of Certain Uses). Any accessory off-street parking spaces located on the ground floor level shall be wrapped by floor area in accordance with the provisions of paragraph (a) of Section 37-35 (Parking Wrap and Screening Requirements).

(2)        Along secondary street frontages

For buildings, or portions thereof, with secondary street frontage, as defined in Section 37-311, all uses permitted by the underlying district shall be permitted on the ground floor level, provided that any accessory off-street parking spaces located on the ground floor level shall be wrapped or screened in accordance with the provisions of Section 37-35.

The level of the finished floor of such ground floor shall be located not higher than two feet above nor lower than two feet below the as-built level of the adjoining street.

(b)        Non-conforming buildings

Buildings containing non-conforming residential uses on the ground floor shall be permitted to enlarge without regard to the use regulations of this Section, provided that such enlargement complies with the provisions of the residential yard regulations set forth in Section 23-40.

C4-5D C6-3D

In the districts indicated and in C2 Districts mapped within R7D or R9D Districts, uses within stories that have a floor level within five feet of curb level shall be limited to non-residential uses which shall extend along the entire width of the building, except for Type 1 lobbies, entrances and exits to accessory off-street parking facilities, and entryways to subway stations provided in accordance with the provisions of Section 37-33 (Maximum Width of Certain Uses). Such non-residential uses comply with the minimum depth provisions of Section 37-32 (Ground Floor Depth Requirements for Certain Uses).

Enclosed parking spaces, or parking spaces within a building, including such spaces accessory to residences, shall be permitted to occupy stories that have a floor level within five feet of curb level provided they comply with the provisions of Section 37-35 (Parking Wrap and Screening Requirements). Loading berths serving any permitted use in the building may occupy up to 40 feet of such street frontage and, if such building fronts on both a wide street and a narrow street, such loading berth shall be located only on a narrow street.

In C4-5D and C6-3D Districts, and in C2 Districts mapped within R7D or R9D Districts, each ground floor level street wall in a building developed or enlarged on the ground floor level shall comply with the glazing provisions set forth in Section 37-34 (Minimum Transparency Requirements).

The regulations of this Section shall apply to any development occupied by predominantly residential use, constructed after April 21, 1977, located on any zoning lot within C1-8, C1-9, C2-7, C2-8, C4-6, C4-7, C5-1, C5-2, C5-4, C6-3, C6-4, C6-5 or C6-8 Districts, or C1 or C2 Districts mapped within R9 or R10 Districts. However, this Section shall not apply within any Special Purpose District nor shall it apply to any Quality Housing building, except as otherwise set forth herein.

An application to the Department of Buildings for a permit respecting any development shall include a plan and an elevation drawn to a scale of at least one-sixteenth inch to a foot of the new building and buildings on contiguous lots or contiguous blocks showing signs, other than advertising signs, arcades, street wall articulation, curb cuts, street trees, sidewalk paving, central refuse storage area and such other necessary information as may be required by the Commissioner of Buildings.

(a)        Definitions
For the purposes of this Section, the following definitions shall be applicable.

Contiguous block
For the purposes of this Section, inclusive, a “contiguous block” is a block containing one or more zoning lots separated by a narrow street from the block containing the development.

Contiguous lot
For the purposes of this Section, inclusive, a “contiguous lot” is a zoning lot which shares a common side lot line with the zoning lot of the development.

Development
For the purposes of this Section, inclusive, in addition to the definition of development in Section 12-10 (DEFINITIONS), “development” shall also include an enlargement involving an increase in lot coverage.

Predominantly residential use
For the purposes of this Section, inclusive, a “predominantly residential use” means a building having a residential floor area in excess of 50 percent of the total building floor area.

(b)        Applicability of Article II, Chapter 6


In C1-8, C1-9, C2-7, C2-8, C4-6, C4-7, C5-1, C5-2, C5-4, C6-3, C6-4, C6-5 or C6-8 Districts, or C1 or C2 Districts mapped within R9 or R10 Districts, the regulations of Article II, Chapter 6 (Special Urban Design Guidelines), shall apply to any development occupied by predominantly residential use, except as modified by the provisions of this Section. The purpose of these modifications is to make the regulations of Article II, Chapter 6, applicable to Commercial Districts.

(c)        Retail Continuity


For buildings with front building walls that are at least 50 feet in width and front upon a wide street, a minimum of 50 percent of the width of such front building wall shall be occupied at the ground floor level by commercial uses, as permitted by district regulations.


In C1-8, C1-9, C2-7, C2-8 and C4-6 Districts and C1 or C2 Districts mapped within R9 or R10 Districts, uses which occupy such 50 percent of the front building wall shall be limited to those listed in Use Groups 6A and 6C, excluding banks and loan offices, except that in C4-6 Districts only, such uses may additionally include those listed in Use Groups 8A, 8B and 10A. All uses permitted by the underlying district regulations are permitted in the remaining 50 percent of the front building wall.


Such requirement of commercial uses for a minimum of 50 percent of the front building wall may be waived, or additional uses permitted, upon certification by the City Planning Commission to the Commissioner of Buildings that an adequate supply of such uses already exists at the ground floor level in the surrounding area.


The Commission may require that an application for such certification of additional uses for a completed building, where floor area has been designated for occupancy for such commercial uses, establish that a good faith effort has been made to secure tenancy by such uses.

(d)        Ground floor transparency and articulation


When any building wall which is five feet or more in height adjoins a sidewalk, a public plaza or an arcade, ground floor level transparency shall be provided in accordance with the provisions of Section 37-34 (Minimum Transparency Requirements).


In addition, any portion of such building wall, 50 feet or more in width, which contains no transparent element between curb level and 12 feet above curb level or the ceiling of the ground floor, whichever is higher, or to its full height if such wall is less than 12 feet in height, shall be covered with ivy or similar planting or contain artwork or be treated so as to provide visual relief. Plants shall be planted in soil having a depth of not less than 2 feet, 6 inches, and a minimum width of 24 inches. If artwork is being used, approval by the New York City Design Commission shall be obtained prior to the certificate of occupancy being issued for the development.

(e)        Sign regulations


In addition to the applicable district regulations in C1-8, C1-9, C2-7, C2-8 and C4-6 Districts and C1 or C2 Districts mapped within R9 or R10 Districts, all signs, other than advertising signs and window signs, shall be located in a horizontal band not higher than three feet, the base of which is located not higher than 17 feet above curb level. Where there is a grade change of at least 1.5 feet in 100 along the portion of the street upon which the development fronts, such signage band may be staggered along such street.


When a building on a contiguous lot or contiguous block contains accessory business signs within a coordinated horizontal band along its street frontage, the signage strip along the development shall be located at the same elevation as the adjacent band, but in no event higher than 17 feet above curb level. Where coordinated horizontal bands exist on two contiguous lots or contiguous blocks on both sides of the development, the signage strip shall be located at the same elevation as one adjacent band, or between the elevations of the two. For the purpose of this Section, the elevation is measured from the curb level to the base of the signage strip.

The City Planning Commission may, by certification to the Commissioner of Buildings, allow modifications of the requirements of this Section. Such modifications will be permitted when the Commission finds that such modifications will enhance the design quality of the street wall.

32-441

Definitions

Words in italics are defined in Section 12-10 or, if applicable exclusively to this Section, in this Section or in Section 98-01.

C1 C2 C3 C4 C5 C6 C7 C8

(a)        In all districts, as indicated, railroad or transit air space may be developed or used only for a permitted use accessory to the railroad or transit right-of-way or yard, a use permitted by the City Planning Commission as set forth in Section 74-681 (Development within or over a railroad or transit right-of-way or yard), or a railroad passenger station permitted by the Commission as set forth in Section 74-62 (Railroad Passenger Stations) unless the right-of-way or yard or portion thereof is no longer required for railroad or transit use as set forth in paragraph (b) of this Section.

If any building or other structure constructed in such railroad or transit air space in accordance with the provisions of Section 74-681 is enlarged or replaced by a new building or other structure, the provisions of this Section shall apply to such enlargement or replacement.

However, any use legally established in such railroad or transit air space in accordance with the provisions of Section 74-681 may be changed to another use listed in a permitted Use Group and no additional special permit from the Commission shall be required for such change of use.

Any building or other structure within or over a railroad or transit right-of-way or yard, which building or other structure was completed prior to September 27, 1962, or constructed in accordance with the applicable provisions of Sections 11-31 to 11-34, inclusive, prior to December 5, 1991, may be enlarged or replaced in accordance with the applicable district regulations without any requirement for a special permit from the Commission. Ownership of rights permitting the enlargement or replacement of such a building or other structure shall be deemed to be equivalent to ownership of a zoning lot or portion thereof, provided that such enlargement or replacement will be on one block and the rights are in single ownership and recorded prior to February 22, 1990. Such ownership of rights shall be deemed to include alternative arrangements specified in the zoning lot definition in Section 12-10 (DEFINITIONS).

Enlargement or replacement utilizing these ownership rights shall be deemed to be constructed upon the equivalent of a zoning lot.

(b)        When the use of a railroad or transit right-of-way or yard or portion thereof has been permanently discontinued or terminated and a large-scale residential or community facility development or a large-scale general development requiring one or more special permits is proposed, no use or development of the property shall be allowed until the Commission has authorized the size and configuration of all zoning lots on such property. As a condition for such authorization, the Commission shall find that:

(1)        the proposed zoning lots, indicated by a map describing the boundaries of the total area of each lot, are not excessively large, elongated or irregular in shape and that no development on any zoning lot would result in the potential for an excessive concentration of bulk that would be incompatible with allowable developments on adjoining property; and

(2)        each resulting zoning lot has direct access to one or more streets.

No subsequent alteration in size or configuration of any zoning lot approved by the Commission shall be permitted unless authorized by the Commission. The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects of such zoning lot designation on the character of the surrounding area. Such conditions shall be set forth in a written Declaration of Restrictions covering all tracts of land, or in separate written Declarations of Restrictions covering parts of such tracts of land and which in the aggregate cover the entire tract of land comprising the zoning lot, which is executed and recorded as specified in the definition of zoning lot in Section 12-10 (DEFINITIONS).

Prior to granting any zoning lot authorization relating to such right-of-way or yard, the Commission shall request the Metropolitan Transportation Authority and the Departments of Transportation of the State of New York and the City of New York to indicate within 30 days whether said agencies have any plan to use such property or portion thereof for a railroad or transit use.

(c)        Notwithstanding the above, the High Line, as defined in Section 98-01, shall be governed by the provisions of Section 98-16 (Air Space Over a Railroad or Transit Right-of-way or Yard).

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the location of primary business entrances, show windows or signs shall be subject to the provisions of this Section.

For the purposes of this Section, a lot of record or a group of contiguous lots of record held in single ownership or control at December 15, 1961, or any applicable amendment thereto shall be considered a single zoning lot, regardless of any subsequent subdivision.

For the purposes of this Section, a corner lot shall include the entire zoning lot notwithstanding the 100 foot limitation in the definition of corner lots in Section 12-10 (DEFINITIONS). All other zoning lots shall be considered zoning lots with single frontage.

The provisions of this Section shall not apply to:

(a)        vehicular entrances or exits for permitted drive-in uses or automotive service establishments or for permitted or required accessory off-street parking spaces or loading berths;

(b)        service entrances, or other entrances less than 3 feet, 6 inches in width;

(c)        windows other than show windows; or

(d)        ventilators, fire escapes or other appurtenances required by law.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, for zoning lots with single frontage, no primary business entrance, show window or sign shall be located on that portion of the street frontage within a distance of 20 feet from frontage on the same side of the street in a Residence District.

However, where the street frontage of such zoning lot or portion thereof within the Commercial District is less than 30 feet in length, the minimum distance shall be reduced to 10 feet. For zoning lots with a frontage of more than 30 feet, an application may be made to the Board of Standards and Appeals to reduce such minimum distance to 10 feet, as provided in Section 73-50 (Special Provisions Applying Along District Boundaries).

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, no primary business entrance, show window, or sign shall be located on that portion of the street frontage of a corner lot within 75 feet of frontage on the same side of the street in a Residence District.

However, primary business entrances, show windows or signs may be located on frontage less than 75 feet, but not less than 20 feet, from a Residence District boundary:

(a)        if the total length of the block face containing such frontage is less than 220 feet;

(b)        if such frontage adjoins frontage on a corner lot in a Residence District; or

(c)        if such frontage is separated from frontage in the Residence District by one or more zoning lots with single frontage.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, primary business entrances, show windows or signs may be located on any frontage within a Commercial District, if the Commissioner of Buildings finds that the zoning lot on which the business entrance, show window or sign is to be located:

(a)        is divided by a boundary between the Commercial District and a Residence District; or

(b)        is currently in the same ownership as adjoining property located in a Residence District and no building in the Residence District exists, or will in the future be erected, within a distance of 75 feet from the Commercial District, as evidenced by deed restrictions filed in an office of record binding the owner and the owner’s heirs and assigns.

32-61

Definitions

Words in italics are defined in Section 12-10 or, if applicable exclusively to this Chapter, in this Section.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, signs other than advertising signs are permitted subject to the provisions of the following Sections:

Section 32-64        (Surface Area and Illumination Provisions)

Section 32-65        (Permitted Projection or Height of Signs)

Section 32-66        (Additional Regulations for Signs Near Certain Parks and Designated Arterial Highways)

Section 32-67        (Special Provisions Applying along District Boundaries)

Section 32-68        (Permitted Signs on Residential or Mixed Buildings)

Section 32-69        (Additional Sign Regulations for Adult Establishments)

However, notwithstanding any provision of this Section, flags, banners or pennants other than those that are advertising signs, located on any zoning lot used primarily for community facility uses of a civic, philanthropic, educational or religious nature, are permitted in all districts, as indicated, without limitation.

C6-5 C6-7 C7 C8

In the districts indicated, advertising signs are permitted subject to the applicable provisions of the following Sections:

Section 32-64        (Surface Area and Illumination Provisions)

Section 32-65        (Permitted Projection or Height of Signs)

Section 32-66        (Additional Regulations for Signs Near Certain Parks and Designated Arterial Highways)

Section 32-67        (Special Provisions Applying along District Boundaries)

Section 32-68        (Permitted Signs on Residential or Mixed Buildings).

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted signs shall be subject to the restrictions on surface area and illumination as set forth in this Section, provided that the following signs shall be exempted from such restrictions on surface area:

Illuminated non-flashing signs other than advertising signs located in a window within a building, with a total surface area not exceeding eight square feet on any zoning lot and limited to not more than three such signs in any window.

For the purpose of determining permitted surface area of signs for zoning lots occupied by more than one establishment, any portion of such zoning lot occupied by a building or part of a building accommodating one or more establishments on the ground floor may be considered as a separate zoning lot.

No illuminated sign shall have a degree or method of illumination which exceeds standards established by the Department of Buildings by rule pursuant to the City Administrative Procedure Act. Such standards shall ensure that illumination on any illuminated sign does not project or reflect on residences, loft dwellings or joint living-work quarters for artists so as to interfere with the reasonable use and enjoyment thereof. Nothing herein shall be construed to authorize a sign with indirect illumination to arrange an external artificial source of illumination so that direct rays of light are projected from such artificial source into residences, loft dwellings or joint living-work quarters for artists.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, the total surface area of all permitted signs, including non-illuminated or illuminated signs, shall not exceed the limitation established for non-illuminated signs, as set forth in Section 32-642.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, non-illuminated signs with total surface areas not exceeding those shown in the following table are permitted:

District

Maximum Surface Area

C3

50 square feet

C1 C2

Three times the street frontage of the zoning lot (in feet), but in no event more than 150 sq. ft. for interior or through lots or 150 sq. ft. on each frontage for corner lots.

C5-1 C5-2 C5-3 C5-5

Three times the street frontage of the zoning lot (in feet), but in no event more than 200 sq. ft. for interior or through lots or 200 sq. ft. on each frontage for corner lots.

C4 C5-4 C6-1 C6-2 C6-3

C6-4 C6-6 C6-8 C6-9

Five times the street frontage of the zoning lot (in feet), but in no event more than 500 sq. ft. for interior or through lots or 500 sq. ft. on each frontage for corner lots.

C8

Six times the street frontage of the zoning lot (in feet), but in no event more than 750 sq. ft. for each sign.

C6-5 C6-7 C7

No restrictions as to size

C1 C2

In the districts indicated, illuminated non-flashing signs are permitted with a total surface area (in square feet) not exceeding three times the street frontage of the zoning lot in feet, but in no event shall the total surface area exceed 50 square feet for interior or through lots or 50 square feet on each frontage for corner lots.

C4 C5-4 C6 C7

In the districts indicated, illuminated or flashing signs with total surface areas not exceeding those shown in the following table are permitted:

District

Maximum Surface Area
(in square feet)

C4 C5-4

C6-1 C6-2 C6-3 C6-4

C6-6 C6-8 C6-9

Five times the street frontage of the zoning lot (in feet), but in no event more than 500 square feet for interior or through lots or 500 square feet on each frontage for corner lots.

C6-5 C6-7 C7

No restrictions as to size

However, in a C6-1A District, flashing signs are not permitted.

C8

In the district indicated, illuminated or flashing signs, other than advertising signs, and advertising signs with indirect illumination, are permitted, provided that the total surface area of all such signs (in square feet) shall not exceed five times the street frontage of the zoning lot (in feet) and that the surface area of each sign shall not exceed 500 square feet.

C1 C2 C3 C4 C5 C6-1 C6-2 C6-3 C6-4 C6-6 C6-8 C6-9 C8

In the districts indicated, except as otherwise provided in Section 32-653 (Additional regulations for projecting signs), no permitted sign shall project across a street line more than 18 inches for double- or multi-faceted signs or 12 inches for all other signs.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, permitted signs other than advertising signs may be displayed as follows:

(a)        Non-illuminated signs may be displayed on awnings or canopies permitted by the Administrative Code, with a surface area not exceeding 12 square feet and with the height of letters not exceeding 12 inches. Any commercial copy on such signs shall be limited to identification of the name or address of the building or an establishment contained therein.

(b)        Signs may be displayed on marquees permitted by the Administrative Code, provided that no such sign in a district other than a C6-5, C6-7 or C7 District shall project more than 48 inches above nor more than 12 inches below such marquee.

C8

In the district indicated, permitted signs shall not extend to a height greater than 40 feet above curb level, provided that non-illuminated signs or signs with indirect illumination may extend to a maximum height of 58 feet.

C1 C2 C3 C4 C5 C6 C7

In the districts indicated, no permitted sign shall extend above curb level at a height greater than the following:

Districts

Maximum Height
(in feet)

C1 C2 C3
C5-1 C5-2 C5-3 C5-5

25

C4 C5-4 C6-1 C6-2 C6-3 C6-4 C6-6 C6-8 C6-9

40

C6-5 C6-7 C7

No restriction as to height

C1 C2 C3 C4 C5 C6-1 C6-2 C6-3 C6-4 C6-6 C6-8 C6-9

In the districts indicated, no sign displayed from the wall of a building or other structure shall extend above the parapet wall or roof of such building or other structure, except that a vertical sign, the horizontal width of which, parallel to the wall, does not exceed 28 inches, may extend no higher than 15 feet above the roof level.

32-657

Roof signs

C1 C2 C3 C4 C5 C6-1 C6-2 C6-3 C6-4 C6-6 C6-8 C6-9

In the districts indicated, no signs shall be permitted on the roof of any building.

C1 C2 C3 C4 C5 C6 C7 C8

In all districts, as indicated, all permitted signs are subject to the applicable regulations of this Section.

For the purposes of this Section, arterial highways shall include all highways that are shown on the Master Plan of Arterial Highways and Major Streets as "principal routes," "parkways" or "toll crossings," and that have been designated by the City Planning Commission as arterial highways to which the provisions of this Section shall apply.

C6-5 C6-7 C7 C8

In the districts indicated, and within 200 feet of an arterial highway or a public park with an area of one-half acre or more, no permitted sign that is within view of such arterial highway or public park shall exceed 500 square feet of surface area.

Beyond 200 feet from such arterial highway or public park, the surface area of such signs may be increased one square foot for each linear foot such sign is located from the arterial highway or public park.

Upon application, these requirements shall be waived, provided that the Chairperson of the City Planning Commission certifies that:

(a)        such waiver is limited to a single, non-flashing sign that is located on a zoning lot not less than one and one-half acres; and

(b)        all other permitted signs located on such zoning lot that are subject to the provisions of this Section conform with all the sign regulations applicable in C1 Districts.

C6-5 C6-7 C7 C8

In all districts, as indicated, no advertising sign shall be located, nor shall an existing advertising sign be structurally altered, relocated or reconstructed within 200 feet of an arterial highway or of a public park with an area of one half acre or more, if such advertising sign is within view of such arterial highway or public park. For the purposes of this Section, arterial highways shall include all highways which are shown on the Master Plan of Arterial Highways and Major Streets, as "principal routes," "parkways" or "toll crossings," and that have been designated by the City Planning Commission as arterial highways to which the provisions of this Section shall apply. Beyond 200 feet from such arterial highway or public park, an advertising sign shall be located at a distance of at least as many linear feet therefrom as there are square feet of surface area on the face of such sign. However, in all districts as indicated, the more restrictive of the following shall apply:

(1)        Any advertising sign erected, structurally altered, relocated or reconstructed prior to June 1, 1968, within 660 feet of the nearest edge of the right-of-way of an arterial highway, whose message is visible from such arterial highway, shall have legal non-conforming use status pursuant to Section 52-83, to the extent of its size existing on May 31, 1968.

(2)        Any advertising sign erected, structurally altered, relocated or reconstructed between June 1, 1968 and November 1, 1979, within 660 feet of the nearest edge of the right-of-way of an arterial highway, whose message is visible from such arterial highway, and whose size does not exceed 1,200 square feet in surface area on its face, 30 feet in height, and 60 feet in length, shall have legal non-conforming use status pursuant to Section 52-83, to the extent of its size existing on November 1, 1979. All advertising signs not in conformance with the standards set forth herein shall terminate.

No moving or stationary advertising sign shall be displayed on a vessel plying waterways adjacent to Commercial Districts and within view from an arterial highway. For the purposes of this Section, arterial highways shall include all highways that are shown on the Master Plan of Arterial Highways and Major Streets as "principal routes," "parkways" or "toll crossings" and that have been designated by the City Planning Commission as arterial highways to which the provisions of this Section shall apply.

For the purposes of this Section, advertising sign is a sign that directs attention to a profession, business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises of the vessel and is not accessory to a use on such vessel.

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In the districts indicated, and within 100 feet of the street line of any street or portion thereof in which the boundary of an adjoining Residence District is located, or which adjoins a public park of one-half acre or more, no advertising sign that faces at an angle of less than 165 degrees away from such Residence District or park boundary shall be permitted and all other signs facing at less than such an angle shall conform with all the sign regulations applicable in C1 Districts as set forth in Sections 32-62 through 32-68, inclusive, relating to Sign Regulations.

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In the districts indicated, any use listed in Use Group 1 or 2 shall conform to the sign regulations for Residence Districts set forth in Sections 22-32 through 22-34. In residential or mixed buildings, residential sign regulations shall apply to the residential portion.

Where non-residential uses are permitted to occupy two floors of the building, all signs accessory to non-residential uses located on the second floor shall be non-illuminated signs, and shall be located below the level of the finished floor of the third story.

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Signs, other than advertising signs, for adult establishments are permitted only as set forth in this Section and are limited to locations in the districts indicated.

All permitted signs, other than advertising signs, for adult establishments shall conform with all the sign regulations applicable in C1 Districts as set forth in this Chapter, except that the provisions of Section 32-64 (Surface Area and Illumination Provisions) shall not apply. In lieu thereof, the maximum surface area of all signs, other than advertising signs, for adult establishments shall not exceed, in the aggregate, three times the street frontage of the zoning lot, but in no event more than 150 square feet per establishment, of which no more than 50 square feet may be illuminated non-flashing signs.

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